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Home My WebLink About07-09-1990 Council PacketPUBLIC ATTENDANCE CITY OF ORONO MEETING DATE � PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from.agenda) 13. 14. 15. 16. 17. 18. 19. 20. ■ AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JULY 9, 1990,7:00 P.M. (♦)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. Discussion will be held upon request. Memos regarding each of the Agenda items are available in the Public Packet which may be obtained upon request from the Recorder. ROLL CALL 1.CONSENT AGENDA* 2.Phil Bradley Recognition APPROVAL OF MINUTES * 3. Regular Meeting of June 25, 1990 JUL 9 1990 niTV or- OROHO PLANNING COMMISSION COMMENTS - Jeffrey Johnson Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT **APPLICANTS** Immediately after the Council has revietred your application please sign the three (3) original resolutions at the Recorder's desk. Applicants need not execute resolutions for subdivisior.s, vacations and denials. *4.#1458 Blake Bichanich,324-332 Westlake Street - Revisions to Variance Resolution Wording 5.#1465 Gerald McCourtney, 1055 Ferndale Road West - Variance -Resolution 6.#1512 Steven Ruce, 4625 West Branch Road - After the Fact Conditional Use Permit - Resolution Home Occupation License 7.#1527 Lyndon S. Bill Stubbs, 2555 Fox Street - Variance 8.#1532 Fullerton Properties Inc., 2225 Sixth Avenue North - Preliminary Subdivision - Resolution 9.#1537 Calvin Presbyterian Church, 177 Glendale Drive - Conditional Use Permit - Resolution 10.#1538 Lauren Born, 1432 Shoreline Drive - Variances 11.#1539 David Filkins, 3905 Shoreline - Variance - Resolution *12. #1540 Julienne & Ronald Prineas, 1920 Shoreline Drive - Variance - Renewal - Resolution 13.#1541 Roby Thompson, 1520 Tanglewood Road - Variance - Resolution 14.#1543 Richard C. Reed, 1000 Old Long Lake Road - Variance *15. #1544 Roger and Becky Berry, 1392 Baldur Park Road - Variance Renewal - Resolution *16. #1546 Scott Prochnow, 4075 Highwood Road - Variance Renewal -Resolution 17.#1547 MWCC, Shoreline/West Ferndale Road - Conditional Use Permit - Resolution 18.#1548 Julia Jensen, 2700 Ethel Avenue - Variance - Resolution 19.#1552 Steven Foster, 1800 Shadywood Road - Variance 20.Administrative Appeal - John Wojcik, 3310 Bayside Road - Additions to Residence AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JULY 9, 1990, 7:00 P.M. ENGINEER'S REPORT 21.Highway 12 Sewer/Water Completion - Bid Award *22.Pay Request #2 - Well #3 MAYOR/COUNCIL REPORT 23.Park Commission Chair Appointment 24.Appointments Process 25.Highway 12 Citizen Task Force Interviews CITY ADMINISTRATOR'S REPORT 26.1989 Financial Report 27.1989 Police Annual Report 28.Parking Signage - Stubbs Bay Road - Resolution 29.Facility Citizen's Review Committee 30.Highway 12 Corridor 31.Stubbs Bay Sewer 32.CDBG Joint Cooperation Agreement - Resolution 33.Public Works Replacement 34.Administrator's Information Lift Station 10/43 Big Island Tour 1972 Shadywood Road Historical Plaques Recycled Paper Goal Setting Status Receipts and Disbursements - May Wire Transfers CITY ATTORNEY'S REPORT LICENSES (35*) BILLS (36*) ADJOURNMENT UPCOMING ISSUES AND EVENTS 07/09 - Council Meeting 07/12 - Citizen Advisory Committee 07/16 - Planning Commission Meeting 07/23 - Council Meeting COUNCIL MEETING MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 25, 1990 JIJL 9 1990 ATTENDANCE 7:00 P.M.flTV fllr The Council met on the above date with the follow-lWg* present:Mayor Grabek, Councilmembers Goetten, Nettles, Peterson and Callahan. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth,Public Works Director Gerhardson, Assistant Planning and Zoning Administrator Gaffron, City Engineer Cook, City Attorney Barrett, and City Recorder Scheffler. INTRODUCTION-ORONO POLICE CANINE OFFICER Mayor Grabek introduced Officer Dan Fischenich and Baron, the new police dog, to those in attendance. CONSENT AGENDA* Bernhardson referred to Consent Item j|24,regarding Long Lake Annexation Update.He noted that the memo presented states that Tom Barrett had contacted Arlo Vandevegte.He said that is incorrect and that contact will not be made until after the meeting this evening. It was moved by Mayor Grabek,seconded by Councilmember Nettles,to approve the Consent Agenda.Motion,Ayes-5,Nays-0. Motion passed. ORONO TENNIS TEAM RECOGNITION Mayor Grabek explained that it was not possible for the Orono Tennis Team to be present this evening,but that their Coach,Tim Moynihan, was present.Mayor Grabek presented Mr. Moynihan with a Certificate recognizing the achievements of the Orono Tennis Team for taking 2nd place in the State Championships. Mr. Moynihan thanked the Council for the recognition. He said that the experience was gratifying and the Community support was greatly appreciated. PHIL BRADLEY RECOGNITION Mr. Bradley was not present to receive his certificate. APPROVAL OF MINUTES* It was moved by Mayor Grabek,seconded by Councilmember Nettles,to approve the Minutes of the Regular Council Meeting held May 29,1990.Motion, Ayes-5, Nays-0.Motion passed. It was moved by Mayor Grabek,seconded by Councilmember Nettles,to approve the Minutes of the Regular Council Meeting held June 11, 1990.Motion, Ayes-5, Nays-0.Motion passed. LAKE MINNETONKA CONSERVATION DISTRICT REPORT LMCD Representative JoEllen Hurr was present.She informed Council that a meeting had been scheduled for Thursday, June -1 - ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990 LMCD REPORT CONTINUED 28th, to discuss the Lake Management Plan.Hurr stated that she had received Mr. Arndorfer's response to the comments presented by the Lake Minnetonka communities regarding the Plan.She noted that there was no response to Orono's comments included in the document she received.She said that she would try to find out the reason why Orono was overlooked. Mayor Grabek asked Hurr how the LMCD has accepted the comments from Orono and whether the feedback she has been receiving is positive or negative. Hurr replied that there is a lot of support for some of the concerns raised by Orono. She said that there are other cities that have expressed different concerns. Mayor Grabek asked whether there will be additional meetings to discuss the concerns of the 14 Lakeshore Communities other than the June 28th meeting. Hurr indicated that other meetings are likely to be scheduled as one meeting would not provide enough time to review all of the information received from the Lakeshore Cities. Hurr informed Council that a lake tour for City and County Officials has been scheduled for August 4,1990,from 10:00 a.m. to 1:00 p.m. Hurr reported that the issue of observers for water skiers is scheduled to be heard by the Board. She said that there is a recommendation to have no requirement that an observer be present in a boat when pulling a water skier.Hurr stated that she and other representatives had voted against the recommendation, and prevailed.However,the matter has been put on the agenda for reconsideration. Mayor Grabek asked what State Law requires boaters to do when towing a skier. Hurr replied that the State Law is less restrictive than the LMCD regulations. Hurr stated that she is concerned about the safety on the Lake and will not change her position unless the City of Orono has a different opinion. It was the consensus of Council that JoEllen maintain her position regarding the need for an observer in the boat when towing a water skier. Callahan questioned whether the issue of licensing juveniles to operate a boat was also on the agenda. He stated that the minutes from the LMCD Lake Use Committee indicated that licensing juveniles was not necessary. - 2 - AI ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990 LMCD REPORT CONTINUED It was the consensus of Council that juveniles should be required to be licensed to operate a motor boat. Mayor Grabek asked Hurr for an update as to the level of the lake and the presence of Eurasian Milfoil. Hurr replied that the lake level has increased by nearly a foot. She noted that there are some persons on the Board stating that, the lake level is currently 928.6. She said the average lake level is 929.4, and that she doubted the current level is 928.6. With regard to the Eurasian Milfoil, Hurr said that the weeds are growing rapidly.She said that there are four weed cutters working to harvest the weed. Councilmember Peterson made reference to an article that appeared in the paper regarding the use of chemicals to rid Lake Independence of Eurasian Milfoil.She said that the article stated that the weed is gone from the lake and questioned whether that is accurate. Hurr replied that though areas of Lake Independence have been chemically treated, there are other areas where the weed exists.Hurr noted that the Freshwater Biological Foundation has received a $100,000 grant to use for research to find a chemical to rid the weed from the lakes.She stated that h ,rvesting is only being done to make the lakes functional, but it is not a permanent solution. Mayor Grabek thanked JoEllen for her presentation. PUBLIC COMMENTS: There were no public comments ZONING ADMINISTRATOR'S REPORT: #1473 JACQUELYNN KELLY 2056 SHADYWOOD ROAD AFTER-THE-FACT VARIANCE Ms. Kelly and her present. Attorney,Mr.Dennis Johnson,were Bernhardson reviewed the information regarding this application (see Jeanne Mabusth's memo dated June 21,1990). Bernhardson noted that the applicant has revised her plan,but has not provided a revised survey. Mabusth showed Council an overhead sketch of the current proposal.She noted thct the deck is being reduced in size and will no longer encroach into the 75' setback area.Mabusth also -3 - ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990 ZONING FILE 11473-KELLY CONTINUED showed that a portion of the deck has been lowered and another portion reduced in size to meet the 10'side setback. Mr. Johnson stated that the concept for the revised plan had come from the information provided from the City.He stated that he had received a copy of an Ordinance pertaining to fences, walls or buildings that are 42"in height or more.He said that he was recently informed by staff that the Ordinance had been revised.Mr.Johnson said that the plan was revised so that the majority of the deck located in the average setback would be no more than 40" high.He said that the revised plan should have no impact on the neighbors.He noted that the neighbors consented to the old deck design and have no objections to the revised plan.Mr.Johnson also showed Council that planters are being used in lieu of railings alongside the deck to lessen visual impact on the neighbors. Mabusth stated that she had previously explained to Mr. Johnson that the Section of Code that he received in error pertains only to retaining walls and fences.She said that Mr. Johnson has since been provided with the most recent amendment of the Ordinance. Mabusth noted that Mr. Johnson had accepted staff’s interpretation that the Section of Code only pertained to walls and fences. Mr. Johnson stated that he compared Ms. Kelly's situation to the first Ordinance information that he received, which allows fences and retaining walls if they are no more that 42" tall.He said that is the reason they revised the deck plan so that the deck will be no more than 42" high. Mayor Grabek asked Mr.Johnson if he would prefer to have the matter tabled to allow him more opportunity to review the proper Ordinances. Mr.Johnson indicated that tabling would be acceptable provided that they are scheduled for the July 9,1990 Council Meeting. Councilmember Goetten stated that she was disappointed with the information the applicant has brought before them. She said that it did not appear that the plan has been revised as Council directed.Goetten indicated that she preferred to have the new deck resemble the old deck.She suggested that should the matter again be tabled, that the applicant bring back more concrete information. Mr.Johnson explained that the information presented this evening was prepared using the incorrect Ordinance.Mr. Johnson stated that he will prepare something more concrete using the correct Ordinance and will present that at the next meeting. -4 - ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990 ZONING FILE #1473-KELLY CONTINUED Councilmember Callahan questioned why the applicant was being permitted to construct a deck in any configuration. Mr.Johnson explained that there are three sets of double glass sliding doors on this side of the house which require a deck in order to access. It was moved by Callahan, seconded by Peterson, to table this application until the July 9, 1990, Council Meeting and that the applicant submit a proposal with a revised survey locating the deck,and hardcover calculations.Mayor Grabek stated that he would prefer to have staff prepare a resolution of denial. Callahan concurred with Mayor Grabek. Motion, Ayes-3, Grabek, Callahan, Nay.Motion passed. #1476 DAVID & SUSAN PRASS 1065 LINDEN LANE RECONSIDERATION OF VARIANCE APPROVAL Mr. and Mrs. Prass were present. Bernhardson explained that Mr. and Mrs. Prass are unable to meet the conditions set forth in Resolution #2738 and are asking for approval to construct a permanent wood cover for the pool. He said that Mr. and Mrs. Prass are also asking to have the September deadline for construction of a principal structure extended.Bernhardson stated that if the wood deck cover does render the pool safe,it would meet the intent of the Planning Commission and Council direction. Councilmember Callahan asked when the Presses might be in a position to construct a principal structure. Mr. Prass replied that he would hope to construct a home within two or three years. Mayor Grabek asked whether it would still be possible for water to get in the pool even though it is covered. Mabusth explained that the cover must be sealed to prevent water from seeping into the pool, or the cover cannot be approved. Bernhardson suggested that staff could work with the applicants and bring back a design for the cover to the next Council Meeting. Mayor Grabek asked whether the City was currently liable for any mishap that may occur while the pool remains uncovered. City Attorney Barrett advised Grabek that, in his opinion, the City has no legal liability. -5 - ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990 ZONING FILE #1476-PRASS CONTINUED Mayor Grabek indicated that he would favor allowing staff and the applicant time to design a suitable cover for the pool. Councilmemh Goetten stated that she may agree with the Mayor, but thai deadline for construction of a principal structure must be defined. Mr.Prass explained that he had not been aware of the consequences they,would face once the principal structure was razed.He stated that had he known the facts, he may have opted to repair the home.Mr. Prass asked v/hether it would be possible to delay construction for five years. It was moved by Callahan to table this application until the July 9, 1990, Council Meeting and that by that date the applicant must have submitted a plan,agreeable to staff,for the pool covering,and that a bond be provided to assure that the work is done.Further, that the applicants be given until September, 1991, to construct a principal structure. Mayor Grabek suggested giving the applicants a specific time limit to have the pool permanently covered and sealed properly and if that deadline is met that the Presses be given until December 31, 1991, to construct a new home.Grabek suggested that the pool be covered no later than August 15, 1990. Mr. Prass interjected that it would not be possible to construct a home by December 31,1991. Councilmember Peterson asked Grabek whether his suggestion included that the house be constructed by December, 1991, or that a building permit application be submitted by that date.Grabek indicated that the Prasses muse submit a building permit application by December 31,1991.Mabusth informed the Prasses that construction must begin within 6 months of obtaining a building permit. Mr. Prass indicated that he would still be unable to comply with that deadline.Grabek stated that Council would have to either have the pool removed, or give the Prasses five years to construct a home.Callahan withdrew his motion. It was moved by Mayor Grabek,to direct staff to prepare a resolution requiring that the pool be filled or removed by September 30, 1990.Mrs.Prass asked whether filling the pool would be acceptable.Mabusth replied that filling the pool would be acceptable.Cook indicated that he would have to review the proposal to assure that water will be able to drain from the structure,Grabek amended his motion to request that staff explore the least expensive method of rendering the pool useless v/hile providing safety as well. Staff is directed to bring that information in the form of a resolution back to the July 9, 1990 Council Meeting. Councilmember Nettles seconded Grabek's amended motion. Motion, Ayes-5, Nays-0. Motion passed. -6 - ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990 #1510 RICHARD BROWN 2685 SHAD WOOD ROAD CONDITIONAL USE PERMIT RESOLUTION #2820 Mrs. Brown was present for this matter. Bernhardson briefly reviewed the information regarding this application. It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to adopt Resolution #2820, approving the hardcover and average lakeshore setback variances and guest house conditional use permit for the property located at 2685 Shadywood Road. Motion, Ayes-5, Nays-0. Motion passed. #1549 AND #1550 ROD CRAWFORD 4705 NORTH SHORE DRIVE CONDITIONAL USE PERMIT/VARIANCES RESOLUTION #2821 Mr. Crawford and his contractors, were present. Mr.and Mrs.Schwartz, Bernhardson informed Council of fir.Crawford's proposal and of the variances involved in addition to a conditional use permit. Mayor Grabek asked City Engineer Cook if he approved of the proposal. Cook replied that the revised proposal looks fine.He noted that a portion of the proposal involves County right-of-way and that the applicant will have to resolve that issue with the County. It was moved by Mayor Grabek,seconded by Councilmember Peterson,to adopt Resolution #2821,approving the variances and conditional use permit for the property located at 4705 North Shore Drive.Motion, Ayes-5, Nays-0.Motion passed. CITY ENGINEER'S REPORT: 1990 SEALCOAT BID AWARD It was moved by Councilmember Nettles,seconded by Councilmember Peterson,to award the 1990 Sealcoat Bid to Allied Blacktop, Inc.,$37,221.00. Motion, Ayes-5, Nays-0. Motion passed. PAY REQUEST #3 - WELL #3* It was movevi by Mayor Grabek,seconded Nettles,to authorize payment of Pay Request Drilling Company in the amount of $11,020.00. Nays-0.Motion passed. by Councilmember #3 to Keys V^ell Motion.Ayes-5, ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990MAYOR/COUNCIL REPORT: WEST SUBURBAN HUMAN SERVICES APPOINTMENT It was moved by Mayor Grabek,seconded by Councilmember Peterson,to appoint Gary Prin~up as one of the City's two primary representatives to the West Hennepin Human Services Board.Motion, Ayes-5, Nays-0.Motion passed. PARK COMMISSION CHAIR APPOINTMENT* It was moved by Mayor Grabek,seconded by Councilmember Nettles, to :able this matter unt:.! the July 9th Council fleeting. Motion, Ayes-5, Nays-0.Motion passed. APPOINTMENTS PROCESS* It was moved by Mayor Grabek,seconded by Councilmember Nettles,to accept the information and table until the July 9th Council Meeting.Motion, Ayes-5, Nays-0.Motion passed. CITY ADMINISTRATOR'S REPORT; LAKE USE MANAGEMENT-25 YEAR PLAN Councilmember Callahan suggested that there be a representative present at the June 28,1990 LMCD Meeting.He said that he would not be able to attend. Bernhardson indicated that he would be able to attend the meeting. HIGHWAY 12 SAFETY IMPROVEMENT Bernhardson reported that at the time this matter was discussed last year,Council expressed 'oncern regarding the inclusion of a traffic signal at the corner of Highv/ay 12 and Willow Drive.The City asked for a traffic analysis of that intersection.The analysis has indicated that based on the development that is proposed,a traffic signal would be warranted.The safety improvement project will include the signal.Bernhardson said hov/ever,that should there not be the anticipated amount of development by the time the project proceeds,the signal would be excluded.Bernhardson recommended that approval of the plan be contingent on inclusion of the signal light. Mayor Grabek noted that the plan no longer involves North Brown Road. Bernhardson replied that North Brown Road will be left in its present location,but may be realigned somewhat where it approaches Highway 12. Gerhardson added that North Brown Road would be angled slightly as it approaches Highway 12. - 8 - ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990 HIGHWAY 12 SAFETY IMPROVEMENTS CONTINUED CounciImember Goetten indicated that she agreed with Bernhardson’s recommendation for approving the plan only if the traffic signal is included. Bernhardson noted that the traffic analysis has not been finalized by MNDot. It was moved by Mayor Grabek,seconded by CounciImember Goetten,to adopt Resolution #2822,indicating City approval contingent upon a traffic light being placed on Willow in conjunction with this project.Motion,Ayes-5,Nays-0.Motion passed. CONSULTANT ENGINEER - TRAFFIC Bernhardson reviewed the information in his memo dated June 21, 1990 regarding the hiring of a consultant engineer. Bernhardson noted that the City had allocated funds to contribute to MNDot's study. He said that it will not be necessary for the City to contribute and that those funds could be used for the consultant. Mayor Grabek suggested committing a specific amount of money for t:.e consultant, but not necessarily the entire amount set aside for MNDot. Grabek believed that a consultant v/ould be a valuable tool for the City. Councilmember Goetten asked v/hether Council would have an opportunity to interview the persons being considered prior to hiring. Mayor Grabek asked that staff have persons available for Council to review by a certain date. Bernhardson stated that it would be possible to have the interview process begin by the July 23rd Council Meeting. Councilmember Nettles asked v/hether it would be possible for staff to gather information from the State Highway Department regarding their opinion of where the corridor should be located. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to direct staff to commence consultant engineer interviews by the July 23, 1990 Council Meeting.Motion, Ayes-5, Nays-0. Motion passed. REQUEST FOR FUNDING-ART CENTER Bernhardson informed Council that the Art Center has asked the City for funding. He said the City is being asked for $8,000.00 this year and $16,000.00 next year.Bernhardson noted that the Art Center has also asked the City of Wayzata for funding.Bernhardson believed it would be appropriate to delay a -9 - #,.1.'ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990 ART CENTER FUNDING CONTINUED decision for funding at this time,but include the funding request in the budget process. It was moved by Mayor Grabek,seconded by Councilmember Nettles,to accept the City Administrator's recommendation and direct staff to so inform the Art Center.Motion,Ayes-5, Nays-0.Motion passed. 1989 FINANCIAL REPORT Bernhardson presented council with the Report. 1989 Financial Council agreed that they would review the report prior to requesting the appearance of an auditor at a future Council meeting. STRATEGIC PLANNING Bernhardson informed Council that he was initiating the strategic planning process. He suggested that Council could incorporate the strategic planning into the budget process.He suggested that Council provide him with any ideas they have now in advance of budget planning so they may be included in the budget. Goetten stated that it is important to develop a Lake Use Committee. Mayor Grabek and the other Councilmembers concurred with Goetten. TRANSIENT MERCHANTS Mr. and Mrs. Penke were present. Bernhardson provided Council with a letter he had received from the V/estonka Chamber of Commerce regarding their position on transient merchants.Bernhardson suggested that Council use that information if they wish to take another approach to transient merchants.Bernhardson noted riiat the current Transient Merchant License does not provide a limit on the number of times a license may be renewed. Mavor Grabek asked Bernhardson what Chief Kilbo is recommending for Mr. Penke's license application. Bernhardson replied that Chief Kilbo has indicated that the location by the Down East Craftsman is acceptable as well as the location by Ronnie’s Cleaners.Bernhardson stated that the license refers to the areas from which Mr.Penke may operate. The license would expire in 60 days.Bernhar^’son noued that though Mr.Penke has been approved for tv/o locations,he would not have two vehicles operating simultaneously. -10 - ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990 TRANSIENT MERCHANT CONTINUED Goetten asked what Mr.Penke must do in order to renew the license. Bernhardson replied that Mr.Penke must apply for a license renewal 30 to 45 days from now to assure that his application is reviewed by Council prior to the 60-day expiration date. It was moved by Mayor Grabek,seconded by Councilmember Nettles, to approve both .locations recommended by Chief Kilbo. Staff is directed to review the Transient Merchant Ordinance, taking into consideration the services to the Community they provide as well as the concerns and considerations of the merchants in Orono an<i adjacent cities. Further, staff is to make a recommendation to Council regarding any revisions that may need to be made to the existing Ordinance.Mr.Penke asked whether it would be necessary to appear before the Council to renew his license.Mayor Gratek replied that staff will determine that when they re-examine the Ordinance.Grabek asked that staff provide that information prior to Mr.Penke's license expiring.Goetten disagreed with allowing Mr. Penke to have two locations and suggested that he be allowed only one if his license is renewed. Motion, Ayes-4, Goetten,Nay.Motion passed. TEMPORARY EMPLOYMENT-GOLF COURSE* It was moved by Mayor Grabek. seconded by Councilmember Nettles,to change Mr.Don Yeager's position from terminated to starter position effective May 16,1990,at an hourly rate of $5.25.Motion, Ayes-5, Nays-0.Motion passed. FACILITY CITIZEN REVIEW COMMITTEE* It was moved by Mayor Grabek,seconded by Councilmember Nettles,to accept the information presented by Mark Bernhardson regarding the Citizen Review Committee.Motion, Ayes-5, Nays-0. Motion passed. LONG LAKE ANNEXATION - UPDATE* It was moved by Mayor Grabek, seconded by Councilmember Nettles.to accept the information and handle any further discussion n this matter as it relates to settlement discussions of a penc^ng legal issue to an executive session.Motion, Ayes-5. Nay:^-0.Motion passed. ORONO TENNIS TEAM RECOGNITION-RESOLUTION #2818* It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt Resolution #2818, recognizing the efforts of the Orono Tennis Team in reaching and achieving 2nd place in the State Tournament. Motion, Ayes-5. Nays-0. Motion passed. -11 - ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990 PHIL BRADLEY RECOGNITION - RESOLUTION #2819* It v;as moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt Resolution #2819,extending the Council's appreciation and thanks to Mr.Bradley for his service to the Community.Motion, Ayes-5, Nays-0.Motion passed. POLICE ANNUAL REPORT* It was moved by Mayor Grabek,seconded by Councilmember Nettles,to acknowledge receipt of the Police Department's 1989 Operations Financial Report.Motion,Ayes-5, Nays-0. Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Mayor Grabek,seconded by Councilmember Nettles,to accept the City Administrator's Information regarding:Navarare/Livingston Storm Sev/er,Sandy Beach Resort, County Road 15 Welcome Sign, Bederwood "Grand Opening", Bederwood Park Parking Lot, Electrical Utility Territories, Nature Conservancy/Bayside/Luce Line, and the June 27th Big Island Tour. Motion, Ayes-5, Nays-0, Motion passed. CITY ATTORNEY'S REPORT: City Attorney Barrett indicated that he had no report this evening. LICENSES* It was moved by Mayor Grabek,seconded by Councilmember Nettles,to approve the follov/ing license(s): Transient Merchant:A1 Penke d/b/a The Rose Man Motion, Ayes-4, Nays-1.Motion passed. BILLS* It was moved by Mayor Grabek,seconded by Councilmember Nettles to approve payment of the All Funds Account.Motion, Ayes-5, Nays-0.Motion passed. EXECUTIVE SESSION 8:21 P.M. City Attorney Barrett Executive Session litigation. requested that Council hold an for the purpose of discussing pending -12 - 1^-r' ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990 ADJOURNMENT 8:38 P.M. It was moved by Councilmember Mettles,seconded by tlayor Grabek,to adjourn the Regular Council Meeting at 8:38 p.m. Motion, Ayes-5, Nays-0.Motion passed. James R. Grabek, Mayor ATTEST: Dorothy M. Hallin, City Clerk -13 - c Mayor Grabek & Orono Council Members City Administrator Bernhardson Prom: Date: Subject: Michael P. Gaffron, Asst Planning & Zoning AdmifiSyif^|bi|^££yjjyQ 5, 1990 #1458 Blake Bichanich, 324-332 Westlake Street Variance - Revisions to Resolution Wording t.ff/ Qp OROf^O List of Exhibits - Exhibit A - Proposed Resolution Exhibit B - Originally Approved Resolution Exhibit C - Letter to Applicant 6/25/90 Discussion - Mr.Bichanich's variances were granted approval in late February.Because there are two contract for deed holders who must sign the resolutions,Mr. Bichanich requested some specific rewording to clarify the City's position and minimize the perceived impact and risk on the part of those contract for deed holders.The letter of June 25th discusses staff's response and indicates the degree of revisions which staff felt appropriate. Staff Recommendation - Staff recommends approval of the revised resolution language per Exhibit A attached. Proposed Notion: - Moved by ___, seconded by ___, to approve the revised wording of Resolution #2763,adopted February 26,1990. Ayes _ _, nays _ _. A RBSOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 5 (B) FILE #1458 WHEREAS, Blake Bichanich (hereinafter "the applicant") is the owner of the properties located at 324-332 Westlake Street within the City of Orono (hereinafter "City") and legally described as follows: Lots 4 & 5,Block 1, Hillside Park, Hennepin County, Minnesota (hereinafter "the property");and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 5 (B)to permit the construction cf a second story addition above the existing residence,located 13.0' from the south side lot line and approximately 8' from the north side lot line of Lot 5 where side setbacks of 30' are normally required. NOW, THEREFORE, BE IT RESOLVED h\ tne City Council of Orono, Minnesota: FINDINGS 1.This application was reviewed as Zoning File #1458. 2.The property is located in the LR-IA Single Family Rural Residential Zoning District. 3.The Orono Planning Commission reviewed this application on September 18, 1989, and recommended approval of the proposed variance on a vote of 4-2 based upon the following findings: A)Applicant owns the adjacent Lot 4 to the north, hence the effective side setback to the north lot line is approximately 58'. The applicant has not combined the two properties because they are on separate contracts-for-deed. B)The proposed second story addition and extension of the existing house along the south line of existing south wall, will encroach no closer to the neighboring residence than the existing house, hence there is no significant impact on the neighboring property. Page 1 of 8 V C)The most appropriate method for determining location of the average setback line is to use the residence to the north at 3865 Bayside Road as the northern terminus of that defined line, rather than the small cabin on applicant's Lot 4. Based on an average setback line defined between the houses at 3865 Bayside Road and 340 Westlake Street, the proposed additions do not require a variance for average setback. 4.Per Municipal Zoning Code Section 12.30, Subdivision 4 (E), the existing on-site sewage treatment system on the property has been reviewed based on the expansion of this residence from a 1 bedroom status to a 2 bedroom status. The existing septic system is substandard in design and size, based on estimated soil conditions and minimum code requirements. However, that system is functioning adequately and no seepage or evidence of past seepage is visible. It is unlikely that this system could be upgraded totally within the requirements of the code based on probable soil conditions, but the system could conceivably be expanded by lengthening the existii^g drainfield trenches without encroaching into sanitary setbacks or lake setbacks. Such an expansion would require extending into the adjacent commonly owned Lot 4, and at such time that trench extension occurred, the northerly and southerly lots would have to be legally combined. 5.The installation of municipal sewers has been studied in the Stubb's Bay area, including this property. As of the date of this resolution, no decision has been made as to whether the City will proceed with a municipal sewer project. The applicant has agreed to sign a waiver of his assessment appeal rights for the reasonable share of costs to be assessed to his property if that sewer project is undertaken. 6.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 8 7.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light,air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty;is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.23, Subdivision 5 (B) to permit the construction of second story addition and minor first story addition of the existing residence, such existing structure and additions being 13' from the south side lot line where a 30' side setback is normally required, and being 8' from the north side lot line where a 30' side setback is normally required, subject to the following conditions: 1.Until such time that it is found to be failing, the existing substandard but apparently functional septic system will be allowed to remain "as-is”. 2.If at some future date the septic system is found to be failing, the applicant would be expected to take whatever action is necessary to eliminate such failure. Options at that point might include,but would not be limited to the following: A)extend the trenches, and if extending into Lot 4, this would require legal combination of Lots 4 and 5 at that time; B)if sewer is anticipated in the near future at that date, the existing septic tanks could be used as holding tanks; C)if sewer is not anticipated at that time, a holding tank system could be installed. Page 3 of 8 D)test other areas of the property to install some type of system suitable and acceptable to the City which would, although perhaps not totally meeting code standards, at least not result in a potential for contamination of neighboring wells or disturbance of neighboring properties. 3.Prior to issuance of a building permit, the applicant shall sign a formal waiver of assessment appeal rights for the reasonable share of costs to provide municipal sewer to the property as part of any forthcoming sewer project. 4.The Council is approving this variance based upon the applicant's control and eventual fee ownership of both Lots 4 and 5,A condition of this variance is that at such time that applicant is fee owner of Lots 4 and 5, such lots shall be legally combined for tax purposes.The current fee owners of each lot, in signing and agreeing to the terms of this resolution, acknowledge the City's intent that the lots be combined, and the owner of Lot 4 is placed on notice that should such combination not occur, the City is under no obligation to allow separate residential use of Lot 4. 5.The structure on Lot 4 shall remain merely as a storage building, shall not be provided with plumbing, and shall not serve as a second dwelling unit on the property, except that this condition does not preclude a future Council from granting setback or other variances which might be necessary to allow an expansion of the principal structure northward to incorporate the existing accessory building on Lot 4, once the combination of Lots 4 and 5 has occurred. 6.Based upon the lot combination, applicant and the fee owners are advised that it is the City's intent to not assign a sewer unit assessment to Lot 4, since the structure on Lot 4 has no plumbing and is intended to serve as a storage structure accessory to the principal structure on Lot 5. However, applicant/owners are hereby advised that in the event that Lot 4 is not legally combined with Lot 5 and construction of a separate residence is at some future date approved for Lot 4, at that time, a full sewer unit connection charge will have to be paid prior to issuance of a building permit for Lot 4. Page 4 of 8 7.Authorities granted by this resolution 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 (February 26, 1991). 8.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. 9.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of February, 1990. ATTEST: Dorothy M. Hallin, City Clerk Edward Callahan, Jr., Acting Mayor Property Owner(s) Page 5 of 8 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of February, 1990, by Edward Callahan, Jr. & Dorothy M. Hallin, Acting Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) } ss. COUNTY OF HENNEPIN ) On this _ _ _ _ _ _ _ _ _ _ _ day of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, 199 before me a Notary Public within and for said county, personally appeared _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) On this day of 199 before me a Notary Public within and for said County, personally appeared _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 6 of 8 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. On this day of 199 ^ Notary Public within and for said county, personally known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of NOTARY PUBLIC 199 before me a Notary Public within and for said County, personally appeared _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) NOTARY PUBLIC day of 199On this _______________________ ____________________________ before me a Notary Public within and for said county, personalTy 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 7 of 8 L. City of ORONO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 2763 _________ A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 5 PILE #1458 WHEREAS, Blake Bichanich (hereinafter "the applicant") is the owner of the properties located at 324-332 Westlake Street within the City of Orono (hereinafter "City") and legally described as follows: Lots 4 S 5, Block 1, Hillside Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 5 (B)to permit the construction of a second story addition above the existing residence, located 13.0' from the south side lot line and approximately 8' from the north side lot line of Lot 5 where side setbacks of 30 ’ are normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1.This application was reviewed as Zoning File #1458. 2.The property is located in the LP-IA Single Family Rural Residential Zoning District. 3.The Orono Planning Commission reviewed this application on September 18,1989,and recommended approval of the proposed variance on a vote of 4-2 based upon the following findings: A)Applicant owns the adjacent Lot 4 to the north, hence the effective side setback to the north lot line is approximately 58'. The applicant has not combined the two propertie.s because they are on separate contracts-for-deed. B)The proposed second story addition and extension^ of the existing house along the south line of existing south wall, will encroach no closer to the neighboring residence than the existing house, hence there is no significant impact on the neighboring property. Page 1 of 6 CITY OF ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2763 C)The most appropriate method for^ determining location of the average setback line is to use the residence to the north at 3865 Bayside Road as the northern terminus of that defined line, rather than the small cabin on applicant's Lot 4. Based on an average setback line defined between the houses at 3865 Bayside Road and 340 Westlake Street, the proposed additions do not require a variance for average setback. 4.Per Municipal Zoning Code Section 12.30, Subdivision 4 (E), the existing on-site sewage treatment system on the property has been reviewed based on the expansion of this residence from a 1 bedroom status to a 2 bedroom status. The existing septic system is substandard in design and size, based on estimated soil conditions and minimum code requirements. However, that system is functioning adeauately and no seepage or evidence of past seepage is visible.It is unlikely that this system could be upgraded totally within the requirements of the code based on probable soil conditions, but the system could conceivably be expanded by lengthening the existing drainfield trenches without encroaching into sanitary setbacks or lake setbacks. Such an expansion would require extending into the adjacent commonly owned Lot 4, and at such time that trench extension occurred, the northerly and southerly lots would have to be legally combined. 5.The installation of municipal sewers has been studied in the Stubb's Bay area, including this property.As of the date of this resolution, no decision has been made as to whether the City will proceed with a municipal sewer project.The applica t has agreed to sign a waiver of his assessment appeal »:ights for the reasonable share of costs to be assessed to his property if thot sewer project is undertaken. 6.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the coinmunity. Page 2 of 6 'm 'M CITY OF ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2763________ 7, 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 a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty;is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.23, Subdivision 5 (B) to permit the construction of second story addition and minor first story addition of t . existing residence, such existing structure and additions being 13' from the south side lot line where a 30 normally required, and being 8' from the north where a 30' side setback is normally required, subject to tn following conditions: 1.Until such tim that it is found to be failing, the existing substandard but apparently functional septic system will be allowed to remain "as-is". 2.If at some future date the septic system is foun^d to be failing, the applicant would be expected to take whatever action is necessary ^o eliminate such failure. Options at that point might include,but would not be limited to the following: A)extend the trenches, and if extending into Lot 4, this would require legal combination of Lots 4 and 5 at that time; B)if sewer is anticipated in the near future at that date, the existing septic tanks could be used as holding tanks; C)if sewer is not anticipated at that time, a holding tank system «->uld be installed. Page 3 of 6 li* Cltv of ORONO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.2763 D)test other areas of the property to install some type cf system suitable and acceptable to the City which would, although perhaps not totally meeting code standards, at least not result in a potential for contamination of neighboring wells or disturbance of neighboring properties. 3.Prior to issuance of a building permit, the applicant shall sign a formal waiver of assessment appeal rights for the reasonable share of costs to provide municipal sewer to the property as part of any forthcoming sewer project. 4.The Council is approving this variance based upon the applicant's control and eventual fee ownership of both Lots 4 and 5.A condition of this variance is that at such time that applicant is fee owner of Lots 4 and 5, such lots shall be legally combined for tax purposes. The current fee owners of each lot,in signing and agreeing to the terms of this resolution, acknowledge the City's intent that the lots be combined, and the owner of Lot 4 is placed on notice that should such combination not occur, the City is under no obligation to allow separate residential use of Lot 4. 5.The structure on Lot 4 shall remain merely as a storage building, shall not be provided with plumbing, and shall not serve as a second dwelling unit on the property. 6.Based upon the lot combination, ap{.licant and the fee owners are advised that it is the City's intent to not assign a sewer unit assessment to Lot 4, since the structure on Lot 4 has no plumbing and is intended to serve as a storage structure accessory to the principal structure on Lot 5. 7.Authorities granted by this resolution run with the property not with the applicant, but are permissive only ar ' 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 (February 26, 1991). 8.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 4 of 6 City of ORONO CITY ^ OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ^"^^3________ 9.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of February, 1990. ATTEST: Dorothy M. Hallin, City Clerk Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OP HENNEPIN ) SS. The foregoing instrument was acknowledged before me on this 26th day of February, 1990, by Edward Callahan, Jr. & Dorothy M. Hallin, Acting Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 5 of 6 A * *. / City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 2763________ 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 PUt- - A.. MY COMMISSION EXPIRES 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 MY COMMISSION EXPIRES Page 6 of 6 “CTTYrr ; OF ORGNO-i CITYof ORONO Post Office Box 66* Crystal Bay, Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka June 25, 1990 Blake Bichanich 332 Westlake Street Long Lake, MN 55356 Dear Mr. Bichanich: You have requested some minor revisions to Resolution #2763, as follows: 1.Revise language in Condition 4 to minimize the oerceived impact and risk on the part of the Contract for Deed holders. 2.Revise Condition 5 to not preclude a future City Council from granting the necessary variances to allow expansion of the residence on Lot 5 northward into Lot 4, ' possibly incorporating all or portions of the cabin into the principal structure, once Lots 4 and 5 are combined . Having reviewed Condition 4 with City Administrator Mark Eernhardson, it is our opinion that the current language is reasonable given the intent of the Council in granting variances based on your control of both lots. In fact, the last sentence of Condition 4 could have been worded to preclude future separate residential use of Lot 4 rather than sugges^^ing that the City would merely "not be obligated" to allowing such a use. This is a risk of which the current property owners must be aware. Condition 5 could be reworded as follows: 5.The structure on Lot 4 shall remain merely as a storage building, shall not be provided with plumbing, and shall not serve as a second dwelling unit on the property, except that this condition does not preclude a future Council from granting setback or other variances which might be BUILDING 4 ZONING - 473-7357 ASSESSING ADMINISTRATION 4 RNANCE - 473-7358 FAX-473-0510 PUBLIC WORKS - 473-7359 Blake Bichanich June 25, 1990 Page 2 necessary to allow an expansion of the principal structure northward to incorporate the existing accessory building on Lot 4, once the combination of Lots 4 and 5 has occurred. I also am adding language to Condition 6 to clarify the City's assessment policy per Council member Nettles' directive when the resolution was approved. The sentence to be added is as fellows: "However, applicant/ewners are hereby advised that in the event that Lot 4 is not legally combined with Lot 5 and construction of a separate residence is at some future date approved for Lot 4, at that time, a full sewer unit connection charge will have to be paid prior to issuance of a building permit for Lot 4." I will also revise the signature pages by increasing the number of signature lines for property owners. If the above noted changes are acceptable to you, please advise as soon as possible, and I will have these minor revisions reviewed by the City Council at their July 9th meeting. Please contact me at 473-7357 if you have any questions. Assistant Planning & Zoning Administrator MPG/lsv r ^,4 Mayor Grabek & Orono Council MembersCity Administrator Bernhardson Prom: Date: Subject: Michael P. Gaffron, Asst Planning Zoning Administrator July 2, 1990 MEETIHG ■^UL 9 1990#1465 Gerald T. McCourtney, 1055 West Ferndale Road - Variances - Resolution Application - 1)Hardcover Variance 2)Fence Height Variance OF omo List of Exhibits Exhibit A - Exhibit B - Exhibit Exhibit Exhibit Exhibit Exhibit w C D E F G M Proposed Site Plan Staff Sketches - Hardcover at Various Stages Staff Review, Net Conceptual Request Hardcover Comparative Review Planning Commission Action Notice 6/21/90 Proposed Fence Plans Memo & Exhibits of 6/14/90 Sunnnary ~ 1.Revised plan requests 43.9% hardcover in 75-250' zone (up from 38.2% previously approved), which includes a loop driveway; and a decrease (2.9% down to 2.6%) in 0-75' zone. 2.At previously approved 38.2%,applicant cannot keep existing backup apron without significantly reducing proposed size of sidewalks and terrace (which replaces old circular deck removed during remodeling). 3.If the loop driveway is denied (as Planning Commission recommends), applicant still requests 40.4% to allow retention of the backup apron, construction of necessary retaining walls, and construction of walks and a terrace commensurate with the house. Planning Commission conceptually recommended that no increase above 38.2% be allowed. 4.Applicant further requests a 6' fence along the street lot line where only 3^'fence would be allowed.Planning Commission recommended approval of this fence, which replaces an old stockade fence. 5. 6. Attached resolution reflects Planning Commission recommendations. Staff recommends that the backup apron be retained, the loop driveway be denied, and the fence be approved. Council must determine whether it is appropriate to allow hardcover increases to allow the proposed square footages of terrace and sidewalks. Zoning File #1465 July 2, 1990 Page 2 of 5 7.Please review the conceptual sketches, Exhibits B Pertinent Pacts - 1.A revised site plan/hardcover proposal has been reviewed by the Planning Commission. Staff has spent many hours attempting to rectify the hardcover calculation inconsistencies between those done by staff, by the original architect, and by the current builder, Jerry Wenkus. 2.Errors in the originally provided hardcover calculations of the deck, driveway, and sidewalks, have become apparent. Because some of the hardcover items incorrectly calculated no longer exist, it is impossible to verify exact original numbers, specifically for the pre-existing sidewalks and the circular deck. However, Mr. Wenkus and I have come up with numbers within a couple of percent of each other, hence I am using his figures -in this review. 3.Applicant is proposing to replace the pre-existing (now removed) circular deck with a terrace area. Additionally proposed is a loop driveway within the property for safer access and off-street parking purposes, resulting in more hardcover on the property while proposing some removals within the right-of-way. Planning Commission rejected this driveway proposal, and advised the applicant to live within the amount of hardcover granted in prior approvals. 4.Absent the loop driveway, applicant requests to keep the backup apron previously traded away for additional hardcover, and also requests additional square footage for necessary retaining walls at the west end of the house, as well as for the approximately 35 s.f. of fence pillars proposed along the street lot line. 5.Taking into account the hardcover increases due to fence pillars, retaining walls, the southwest terrace, sidewalks, and retention of the backup apron, coupled with a slight decrease in the size of the proposed terrace compared to the square footage in the old circular deck, there is a net overall proposed Increase of about 319.5 square feet. Overall, this increases applicant's 75-250' hardcover from 6,362.5 s.f. (38.2%) up to 6,736 s.f. (40.4%), and in the 0- 75' zone reduces square footage from 479 s.f. (2.9%) down to 425 s.f. (2.6%). Zoning File #1465 July 2,1990 Page 3 of 5 Planning Commission Recommendation - This current proposal had been referred to the Planning Commission because it was revised since their prior review.At their June 1990 meeting.Planning Commission in general recommended denial of the increase in hardcover to accommodate the loop driveway,and advised applicant to live within the previously approved hardcover, whatever that percentage and square footage might be, with staff to verify those previous approval conditions. Although the Planning Commission Notice from the June meeting indicates approximately 6,900 s.f.was the original approved overall square footage, the assumptions made by both staff and Mr. Wenkus as to what had been missing from the calculations were both incorrect, and staff believes the original overall approvals in concept and intent were for 6,841.5 s.f. Fence Proposal - Applicant proposes to construct a 6' high fence along the street lot line, with brick posts approximately I'xl’, spaced approximately 8‘ apart, with iron vertical rails between them. Planning Commission at their November 20, 1989 meeting voted 4-1 for approval of the fence, with the notation that the fence would be placed inside the property along the length of the street lot line. Because West Ferndale Road is not a "major thoroughfare", zoning code Section 10.03, Subdivision 15 (C) would only allow a 3ij' high fence in this location. Applicants' wish tu note that the proposed decorative fence will replace a 6' high stockade fence that previously existed at that same location. Discussion - There appears to be no question that the original hardcover square footages were calculated inaccurately, and dealing with the raw numbers is nightmarish. However from a conceptual standpoint, the hardcover issue is relatively clear. The applicant previously traded away driveway hardcover under the false assumption that he could replace it with gravel and it would not be considered hardcover. Also, applicant removed the circular deck during construction, assuming he had the right to replace it when construction was completed, which is incorrect. Zoning File #1465July 2, 1990 Page 4 of 5 Further, applicant is requesting an additional slight increase in hardcover to account for the necessary retaining walls at the west end of the house, and for the tops of the proposed fence pillars. If the loop driveway is not approved, he would like to keep the driveway as it is today, with the backup apron, and would like to construct a sidewalk system leading from the driveway to his main entry as well as to the garage service door. The net result is a request for a 1.9% increase in the 75- 250' zone.If the loop driveway was approved,the net result would be an additional 587 s.f. or 3.5%,for a total requested increase of 5.4%.(An additional 0.3% is transferred to the 75- 250' by reducing the 0-75' proposal from 2.9% to 2.6%.) Since the project began, hardcover increases approved to date (over that which existed prior to the project), amount to 369 s.f. or 2.2% of the 75-250' zone. In effect, the 75-250' zone started at 36%, was approved to go up to 38.2%, and applicant now requests increases to 43.9% to do the loop drive way. The plan to keep the existing driveway and backup apron yields 40.4%. From a functionality standpoint, the applicant probably shouldn't have traded away the backup apron, and the retaining walls and fence posts were essentially unanticipated hardcover items.If the Planning Commission recommendation to keep the property within the previous approvals is followed, applicant would have to make up the 319.5 s.f. by decreasing the size of the proposed terrace and sidewalks. This would, of course, be feasible but would not yield the degree of improvements which applicant feels are commensurate with the house. Staff Recommendation - 1. 2. 3. 4. Staff concurs with the Planning Commission recommendation to deny the loop driveway even though the parking concerns may be valid, since concurrent removal of significant right-of- way hardcover is not advisable in this relatively narrow roadway. Staff recommends that the existing driveway backup apron be allowed to remain for parking and safety purposes. Staff recommends that Council determine whether the proposed 496 s.f. sidewalks and 594 s.f. terrace (1,090 s.f. total) should in combination be reduced by 319.5 s.f. in order to maintain the hardcover at the level of previous approvals. Council must determine whether or not the 6 proposed is acceptable. high fence as Zoning File #1465July 2, 1990 Page 5 of 5 A resolution is attached reflecting the Planning Commission recommendation for denial of the loop driveway,approval of the fence,and no hardcover increase above previously approved levels. April 16,1990 City of Orono City Hall Orono, Minnesota Attention: our previous attempts to secure support or at least a favorable recoLendation from the planning coimissa^on has resulted in less than successful results. In reviewing the commission's comments and suggestions, the following observations appear noteworthy; We are attempting to maximize the potential of an expensive yet difficult-to-bu:.ld-upon Orono approved lot having an existing structure built with multiple original construction problems 2)Our original planning was done with an accredited architectural design firm that I believed was competent and aware of Orono and all other municipalities* reguirements and restrictions. 3)The original plans that we submitted were intended to show structural changes that required approval and it was not intended to include nor had we even considered preparing a completed site plan.At that time we were not cognizant of site planning requirements and had not started landscaping plans. 4)Our misunderstandings are related to a combination of misinformation and bad assumptions made on cursory evidence.This does not mean that we were attempting to circumvent or otherwise defeat the ordinary and necessary policies and procedures.On the contrary, we were and are very much concerned with finishing our project to the satisfaction of both ourselves and the commission. From the outset it was noted that the lot is undersized and irregularly shaped causing severe limitations and restrictions relative to hardcover. These restrictions do create a significant hardship relative to properly finishing the construction J'; -- '*• - project. It is our desire to complete our project to everyone*s satisfaction and in so doing request the opportunity to constructively discuss the issues impeding successful completion. -- -;-z-C,o f(Zof'oSrb �rre PLAN / I r--; / I ,I ---- J_P,l C p(l� -G ><l�T7 Ne:, (19 B 7) 0-7s I =: '-/7� �-::-1 2 ,9 1/� ; 75 -��• 5 - --� �I""'\ 0/ -, ..... n.,..1 : ? . ".:) "'.'1"·,. .:_ ·o 1 ._,1 ; 0 Hou s E- D� V� A"-1 l)ec...kS WAl-�� 3c,sl-j /De>O qz�.5 51'1 1 \ Hous€ b tzJ V {!;IN A<11 J"\�e,K,_ WAU:S 4 t, 07. '5 10 ao (plr/0 s-1'-I bsL-11. ';;; -��- lll /q2>'b : Afpfet;,Jtzt> PeR rze...oL-,1t z�l/&> � r , ,o-,s' ::: 1-/tci �:-. =j ,c1 % ! 7 s-2-:0' • �:.l.z.s �--=pi. 2. "'/� 1 ftoLA�€ D(Z.tV�kvt DE C"-S wA-1-'4--S. ' '� A ) /Ji flt /80 s./, t./&> °' (p900 Boo Jjl./5. s- t,g '-/ I. 5 - � . I I 'r: (. c.', --\ \ I '1� -- 0-75 1 ; o = D e,1° i 7 s -Z.�0 :-;� � B Sf. ' I I I I fro'tlts � "1 t,c, l:, DtltVf wfk1 IO e,o pee¥-. Jqe_ 59(::,8 · >�. I --- Ar P '-I CAN,� ce1 � -2.."!:r rr l<t.°Lvv( t""zr } .JUN(;;; l1'70 Jr---n-75 , : L/2� " - :-'2 /_ 1/, I v -. , ,(J) o � 7r•2.ro' == 732..::s =-!43,9 %1 I --- ___ Y 4 l:,°f le, �tVE\"J� //o&,7 D� t.(L � 7 BG:> WAL--lL� '-/9 v, � . �1.-1... .... '> fo�-r;.Io 3 , s- 77'-/'b. $" sP. - fl-TE�� 1,te;!.T IF Loo P !;;{2.,t 'I �AJ k1 Is /UDT /4ff>IU) \J � 0-'7$'::: L/2.�=]2,l:. 0/o} --; -s--z�-o , =- l.tJ ,� �, s-::f-�-'0-, 'l-o/o-·· flouS€ 'b�,v�� 't)e'CKS /2. it-r, t..JM...�t � Posrs IO .3, S -7/IP/, s .. �.r._ ExH. C 7-a..-,o fizoPosex::> ,ee:v IS ION s+3S- f �pose:D Fe-"'N� Plti.l't.'Z.:. ....... ,.� rz-� l,U� NET UJNaPTtAM-ea�ES:f' +3'2--7c:,�(c,.,,!.., +5?)., S"° l..JA-t,�S +-,�o D wtJ<A-1 �,r-J A�-/s •-JI� ,e�E / . I --.c,· �/ ±o .s_L :,( c• _ (Mo APPleo1J€0-) + � /-+ 3-2.,.._/ -I--.i ----J qz.-,eoo I -4� - Ct,4.Uut'-lr �!S'Q\,,{_e--�,:- = � TUA-N Nritt:,v � =-�eS� ir4AN /t:PftetlV�- /80 / / . // /. .,-: I , ,,> ' / / . 1 1 "'f(ftJl,4� $(j'-/ -�40 -: . :.. • ·_:------... � ... -·. ··-----·-::--: ..... J \ P�PDSe:b p(lE,�rJ1Nl> Ct�Olf,,,IJ,.fl._t)� . -. -, .... ··: -. .. .. OfcAt~^cs €)<M.^7'2.-^0 Q>^ec-'^j</:,T7/J6 Pei^ Crv^^t-r f>jrt4£^5 "7/S’ ^IPPWM-CC ^</i/^/jAY Ci>0O^ sG>y^C 1-l'O'j ‘se 39ry ‘^'2:5^ jeey/Lfr</>iof,/I'Tn-A.ti-n'jni, (’>«: Z.^^" . . CA-uc'is j"Ar=6. AS Att.n.'0/c *>r«- bccfe" 0 57'T' Tlii^n/gvotA/ /O^0 G>Hns 39-ry X>e^-*=^~7^l (f<:Ai.c. ?ee</^ cMAU-sufj/ev) SipevofcvKS 5^yy C.'^'ii^ 6ofJc {lei^et ____________Di2J1/^W J02>0 ,y4d7t«rO_ C 5T>fepP o«-c -------------- ■^3'Lf7 AGiiCOaeM ’ o '" -T^S 75 ____ C^SB- " CITT OF ORONOP. O. Box 66 Crystal Bayr MN 55323 473-7357 ZONING FILE #1465 NOTICE OF PLANNING COMMISSION ACTION Date of Notice:June 21,1990 TO:Gerald T. McCourtney COPIES TO: Gerry Wenkus 1055 West Ferndale Road 3531 Maplewood Circle Wayzata, MN 55391 Excelsior, MN 55331 TYPE OF APPLICATION:Variance DATE OF MEETING:June 18,1990 VOTE:6 For 0 Against Pl2mning Comsission recoimaends the following: Limited approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1.Approval to replace former circular deck with a terrace/patio area as proposed in plan attached as Exhibit D to staff memo of 6—14—90. This amounts to 425 s.f. in the 0-75’ zone per calculations by City staff. 2.Approval for total hardcover on the lot (both zones included) of 6904 s.f., reflecting a correction of the approvals of 1987 and 1988 for which hardcover calculations for the driveway have been found to be based on an incrrect figure of 600 s.f. rather than the actual 1080 s.f.(1080-600 = 480 s.f. error; 6424 + 480 = 6904 s.f.).However, Planning Commission is not recommending approval for the full 7748.5 s.f. currently requested by the applicant, finding no hardship demonstrated that will adequately justify a further increase. 3.Planning Commission refused to consider the proposed tradeoffs of right-of-way hardcover for "circle" driveway within the property, finding this would be totally inconsistent with past practice. However, Planning Commission did note that they would not oppose the circle driveway concept if applicant can do it within the allowable 6904 s.f. hardcover limit. Applicant's next scheduled meeting is confirmed as City Council, Monday, July 9, 1990; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. I uJO Planning Conunission Chairman KelleyPlanning Commission MembersCity Administrator Bernhardson 3From:Michael P. Gaffron, Asst Planning & Zoning Administrator Date:June 14,1990 Subject:#1465 Gerald T. McCourtney, 1055 West Ferndale Road - Variances - Referral from City Council (revised plan proposed) List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit Exhibit Exhibit Exhibit Exhibit Applicant's Letter of Request & Invitation to Visit the Property Staff Hardcover Sumary Applicant's "Existing Hardcover" Submittal Applicant's Proposed Hardcover Submittal Applicant's Existing s Proposed Hardcover Calculation Notice of Council Referral to Planning Commission 4/16/90 Staff Memo 4/3/90 Planning Commission Action Notice 11/22/89 Planning Commission Minutes 11/20/89 Letter from Applicant 11/20/89 Memo & Exhibits of 11/17/89 Pertinent Facts - 1.Applicant has had the property resurveyed and has provided new site area calculations indicating approximately 1% increase in the area of the property. This does not significantly revise the hardcover percentages on the property. 2.The applicant has had the house location resurveyed, and has found that the house is actually sightly closer to the road than had been shown on previous surveys hence the location of the 75' setback line relative to the house has shifted slightly. Again, these changes have little effect on the overall hardcover on the property, but do slightly shift the proportion in each of the 0-75' and 75-250' zones. 3.Applicant's current proposal is to replace the 'pre-existing circular deck with a slightly smaller terrace. The circular deck was, per the current survey, 56' from the shoreline. The proposed terrace will be 59' from the shoreline. The portion of this terrace in the 0-75' zone is about 54 square feet less than the old circular deck. Zoning File #1465June14,1990 Page 2 of 3 4.Exhibit B, applicant’s "existing hardcover" plan, merely reflects the plan approved in 1988, with the exception that in 1988 the applicant's previous agent, Mr. Credit, agreed to remove the backup apron and a significant portion of the driveway in order to be able to construct decks and sidewalks. Mr. McCourtney now finds that Credit bargained away more driveway than was perhaps reasonable, and is requesting additional hardcover to create a circle driveway for safety and to accommodate off-street parking. Discussion - Please review Exhibits B, C and D.Exhibit B is a hardcover summary indicating the history of hardcover approvals and requests for this property.Because the applicant has not installed the sidewalks and has removed the circular deck, exit;ing hardcover as of 6/14/90 is actually below the 36.8% approved hardcover, not as shown on Exhibit C. The applicant proposes constructing the improvements shown in his proposed plan. Exhibit D. This plan yields 2.6% hardcover in the C-75' zone, and 46t5% in^the=^5-250' zone. _ __T (1-^ ) Please review applicant*SN>JLetter of request. Exhibit A. The proposal suggests that overall hardcover will decrease if applicant is allowed to remove the 10'-12' gravel shoulder on the right-of-way and replace it with grass, in exchange for allowing additional circle driveway hardcover within the lot boundaries. In discussing this proposal with Public Works Directo John Gerhardson, he indicated that it would not be prudent to remove significant portions of that gravel area, considering that the pavement is only 18' wide. He did state that from a safety standpoint, it would be better to provide parking area within the property than along the road. He noted that if the City does approve a hardcover variance to allow the circle driveway, he would grant the necessary driveway access permit. li If the applicant is held to the 1988 hardcover square footages, he would be allowed approximately 456 square feet for sidewalks, decks, etc. in addition to what you see on the property today. If he was to construct minimal sidewalks in the street yard, and reduce the size of the backup apron, he might have enough hardcover left over to construct a relatively small terraced deck area in the area where the circular deck was removed. Zoning File #1465June14,1990 Page 3 of 3 Summary of Issues - 1.Will the Planning Commission allow replacement of the circular deck partially in the 0-75' zone, with the proposed terrace/deck in the 0-75' zone? It is likely the applicant was unaware that removal of the circular deck would disallow replacement with a different deck, since the circular deck had been included in the previous variance approvals. 2.Will Planning Commission recommend approval of additional hardcover over and above the amounts approved in November 1988? If so, what percentages of hardcover will Planning Commission recommend? 3.Are the safety issues justification for granting the full amount of hardcover requested? Or, will the Planning Commission recommend approval of the circle driveway while strictly limiting other hardcover on the property? Staff Recommendation - In any recommendation Planning Commission makes to the Council, the following issues must be addressed: 1.Replacement of deck/terrace in the 0-75' zone. 2.Additional hardcover associated with proposed circular driveway. 3.In conjunction with neither, either, or both of the above, what hardcover percentage or square footage is appropriate for this property? 474-7556 3531 Mapkw�wcl Cirde • Excelsior. MN .5.5331 C1rt o,,:: O�/\JO P.o. 'Toox b� Ct'.VSr,k.. B4'y /11/1. s-�,;n .... ?.�,.JiE... ✓-✓-199 ° I / g r£ ·. 2-.D NJ,.; 6 hLL-4 I c/i, rs J/;pµ eoYL.L �,,(:.,,4'r.1C<.... //.tv.P ?/h'"/o � #i41e, //V o -7 s- • -u;vv £. ,4..,--: ��t.-0 -r. /?Jd ��-rAJ,LY µ._s,oll.NC.£- /05"$. �£.,t!.N&',9-LJL �-I..;. oµNc,. /77,,.J. �b.39 I I -0�/i-/}?�YD£ G,L,4-.sA:-�I C I y-y 04'�...,, a ,4-� £Ah 8/LJCSa I PL/1/\J,l f';:;,'SLO Y/l,,,L.1'1-/V <:!_ £ 'S 4-7#£ $ / -r'L • l,.:, t£.. WoL.. '-l> 'F-:,L 4 V ,4,u .. ..;1/ 13 c..,€.... .4-r Yo4-,£. &NY 611',, CN<:!. €.. ,I/ ,IVY ..,-,.,� E: 'Du .G, ,v '-ef# L I..J C£..K.Jb..J P ,:::rj,,v £ I� ;;d. /1,.,,,,:;, / 7 :ti 0/1! /4o;J.Q/f', �.,,..)£. /'5-t! PU...AS£.. GA� ....,i,-v..,, �� •'-S ,l(,Not.J Wl-/,9-.,--r;�.c:.. t.Jo4c..D 8£. Cb.,.J✓� .. �-r-�,,e J.,-04. ---r7l ,9 ,IV J,!_ Yo e. ,CO /ff.. Y Ot. L .. C! o.,,J S,,p �,:;, D...; • s � /l,/C£,lf! / 0;-1-L : c:.£�1!-'r /...)b) Ju. '5, �"t t/.-7S� I,. .../I P1,i!. ��(?��/Ve� <L7b·:17l--C> -G,£.l!X.', Fine Homes of Quality and ¼liue r-1 / eXH. A-t GERRYw-ENKUS LTD.474-7556 Custom Builder 3531 Maplewood Circle • Excelsior. MN 55331 June 14, 1990 City of Orono P.O* Box 66 Crystal Bay, Minn. 553^3 Re: Zoning file #1465 Gerald T. McCourtney 1055 Ferndale Rd. W. Orono, Mn. 55391 To: Mayor Grabek, City Council Members and Planning Commission Members. Relative to my letter of ll/?0/89 to the city,I wo’jld like to list some pertinent facts concerning the overall hardcover and safety of the off street parking as to the proposed variance aoplication. #1, Proposed is a concrete patio in the 0-75* zone at the same size and location of an existing deck which was removed for construction access. A.Approval had been eiven by the city for a deck in the 0-75* zone in* 1976. B.An existing deck as of 1937 was shoxm on the variance application and building permit issued in 1983. C.The intent of Mr. IdcCourtney was to retain the existing deck at that size and location. D.The propxjsed patio will be 3* further from the lake and behd.nd the "nearest corner to the lake line" of the adjacent homes. 2.Proposed is a Hardcover increase necessary to provide adequate driveway and turn-around/ off streeet parking for safety reasons. A.Lot has a disproportionate amount of area in the 0-75* zone due to it's shape resulting in lower hardcover for the 75-250* zone.Area Totals- 0-75* zone = 16350 SF. 75-250' zone = 16665 SF. Total lot = 33015 SF. *■■■■.-? B.Lot size was approved by the City which is less than half the current standard. This severely limits Hardcover allowable. C.If Right of Way Hardcover is included, the proposed Hardcover is 533 SF. less than the existing Hardcover. D.There is adequate filteration of run-off due to the fact that half the Hardcover run-off is towar*d the street and the large 0-75*zone is almost all grass and vegetation. E.The proposed driveway and turn-around/off-street parking will create a much safer situation. The current off-street parking would be on the gravel shoulder which is dangerous due to high traffic speeds and the narrow 18* paved roadway. The proposed Fine Homes of Quality and Value H n »i /^ERRY Ijri Tenkus ltd.w 474-7556 Custom Builder I Maplewood Circle • Excelsior. MN 55331 turn-arou*ii/off-street parking is almost a direct trade-off of Hardcove* areas. The proposed turn-around also provides the McCourtney*s with a safe entrance to the street from the garage. I^r. McCourtney and I look fonrard to meeting with you at the site , jo that we can answer any of your questions or concerns. I hope you w-ii consider the above in your decision. Sine er jerry Wenkus r Fine Homes of Quality and Value —1*^ ..,. , ) ; .. .i - ', ... I• ZONE AREAS Was 32,670 a.f. Ia 33,015 &.f . II. RARDCOVRR SUMMARY 0-75' Per 1975 Approval 242 B�f. (1.41) tXH B -J-IAAD 0-75'5-250'·-------------------- 16,800 l,,t 350 Per 1987 A11-Built Surv•y 571 8.f. (3.4') 15,870 16,665 Approved per Reaoll2279 10-12-87 589 a.t. (3.51) Approved per Resoll 2546 11-28-88 589 s.f. cJ:s1 > e>\/E' A S-u-"""'A,t '/ 9-�9 Propaaed 1:ian 487 s.f. (2.9\) 10-89 Revision 757 s.f. (4.51) June 1990 Current Proposal 425 s�t ( 2 ., ,,: .. ) Existing Hardcover in Place as of 6-14-90 0 s.f. (01) 75-250' 5,'J52 ■.f. 5,265 ■.f. 5,835 ■.f. ··s,B35 s.f. 6,872 a.f. 7,304 s.f. 7,323.5 .. ,?.'.-5,968 s.f. (house,driveway--�=:��--�==��----�L!��-------:::��:�-----��=.:.:!�-----:�::�!� _____ aztJSa .. :::��---SW terr ace dee k) TOTAL I of TOTAL LOT AREA s,2·94 s.f. 5,836 s.f. �,42 .. ,. 16.21 17.91 6,424 s.f. 19. 71 r-t•l 1/�l"t:}_}- 7,359 s.f. 8,�61 s.f. 7,748.5 s.f. 5,968 s.f. 18.11* 22.51 24.71 23.51* •using revised zone area denominator , -. : ) J." ...,,? % � m ^ERRY IjT]! Z enkus ltd. yi-r-y^TC. 474-7556 Ciisf/»m CuiWer 3)3/ Maplcwooil C ird, • E.urlsior. M\ )533l !<ovemb» 30, 1939 Jean Mabusth City of Orono P.O, Box 66 Crystal Bay, Mn.55323 RS: Zoning File #1465 Gerald T. McCourtney 1055 Ferndale Road West Wayzata, Mn, 55391 Dear Jean, I would like to request a variance to Increase liardcover in the 75-250* zone. Due to the size and shape of the property at 1055 Ferndale Rd, West the present zoning o.Hinance severely limit the allowable hardcover. In order to provMe adequate driveway, sidewalks and patios, I am requesting additional hardcover up to 7*745 s,f, in total for this property. The driveway plan as shown will provide for safer off-street parking and turn around. The existing deck which has been removed for construction access vras considered by myself and Mr, Cradit to be replaceable without variance# 'We find however, that a variance is required and would like to also request a variance for the new deck/terraco as shown on plan E-1, Fim- Homes of Qiuility anJ Value A RBSOLOTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 15 (C), SECTION 10.22, SUBDIVISIONS 1 .AND 2, AND SECTION 10.55, SUBDIVISION 8 FILE #1465 WHEREAS, Gerald T. McCourtney (hereinafter "the applicant") is the owner of property located at 1055 West Ferndale Road within the City of Orono (hereinafter "City") and legally dejcribed as follows: Exhibit A, attached, (hereinafter "the property")?and WHEREAS, the ap^'vicc'.nt has applied to the City for variances to Municipal Zoning Code Section 10.03 Subdivision 15 (C) to allow the construction of a 6' high fence along the street lot line where maximum fence height of 3 1/2' is normally allowed, and a variance to Section 10.22, Subdivision 2 to allow hardcover on the property in excess of the amounts normally allowed, and variances to Section 10.22, Subdivision 1 ?.'\d 10.55, St^^division 8, to allow construction of i terrace patio area in the 0-7b' lakeshore setbaclc zone where no .cture or hardcover is normally allowed. Minnesota; NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1.This application was reviewed as Zoning File #1465. 2.The property is located in the LR-IA Single Family La)ceshore Residential Zoning District. 3.The Orono Planning Commission reviewed this application on June 18,1990 and recommended limited approval of the requested variances based upon the following findings: A) The applicant received 3 separate approvals for hardcover increases in 1987 and 1988, resulting in approvals for 369 square feet additional hardcover over and above that which existed in 1987 and prior years. Page 1 of 7 B)The most recent hardcover approval granted on November 28, 1988 per Resolution #2546, allowed no net hardcover increase from previous approvals but allowed applicant to trade off portions of driveway and sidewalk for other specific additions. C)In 1989 during the remodeling process, applicant removed the circular deck on the lake side of the house for convenience of construction. The applicant was unaware that removal of that deck would require a variance to reconstruct or replace it, because it encroached into the 0-75* lakeshore setback zone. D)In the current application,applicant proposes the following improvements: 1)Construction of a loop driveway within the property boundaries, constituting additional hardcover in the 75-250* lakeshore setback zone. 2)Replacement of the formerly existing circular deck, with a slightly smaller hardcovered terrace area, encroaching into the 0-75* lakeshore setback zone. 3)Construction of sidewalks constituting additional hardcover in the 75-250* lakeshore setback zone. 4)Construction of a 6* high fence along the street lot line, exceeding the 3 1/2* height normally allowed at that location, and constituting approximately 35 square feet of additional hardcover in the 75-250* lakeshore setback zone. 5)Construction of retaining walls along the west end of the house to accomodate grade changes previously approved in that area, for an additional 68 square feet of hardcover in the 75-250* lakeshore setback zone. E)The proposed improvements would result in a net decrease in hardcover in the 0-75*zone from 2.9% (associated with the formerly existing circular deck) down to 2.6% with the proposed terrace. No hardcover is normally alloweed in the 0-75* zone. Page 2 of 7 in »r ir t9 It le :y '90* \e re id id Id 2d 'y )r id 2r -y id In .e le jr In :o n, }f .d jd >e penalized by denial of the ability to replace that deck with a terrace. 6.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 7.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant,but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 15 (C) to allow the proposed 6' high fence where only a 3 1/2' high fence is normally allowed, and grants variances to Section 10.22, Subdivisions 1 and 2 and Section 10.55, Subdivision 8 to permit construction of a terrace partially located in the 0-75' zone where no structure or hardcover is normally allowed, and to reconfirm approval for hardcover in the 75-250' zone only at previously approved levels, subject to the following conditions; 1.Hardcover and structure in the 0-75' lakeshore setback zone shall be limited to 425 square feet (2.6%) per the site plan attached as Exhibit B. Any future proposed revisions to that plan which result in a greater encroachment of the lakeshore setback or increase hardcover above the approved limits, will not be approved. 2.In the 75-250' lakeshore setback zone, applicant shall limit hardcover to 6362.5 square feet or 38.2%. Applicant is advised that the only increase above this amount in the 75-250' zone would be by an equivalent reduction of the 425 s. f. of hardcover allowed in the 0-75' zone. Page 4 of 7 3.Any modifications to the "open" character of the 6' high approved fence along the street lot line, will require further Council review. 4.Prior to construction of the fence, sidewalks, and terrace, applicant shall provide for staff review and approval a hardcover plan indicating the final dimensions and location of sidewalks, terrace, driveway, and fence, indicating any proposed hardcover removals to maintain hardcover at the allowed percentages. 5.Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (July 9, 1991). 6.Violation of or non-compliance with any cf 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. 7.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of hims‘2lf. his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. 1990. ATTEST: Adopted by the Orono City Council on this 9th day of July, Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 5 of 7 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of July, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires Pdge 6 cf 7 MINUTES OP THE PLANNING COMMISSION MEETING NOVEMBER 20, 1989 ZONING FILE #1465-MCCOURTNEY CONTINUED same location as proposed but it would have a straight configuration rather than curved. Chairman Kelley asked whether the applicant had explored the possibility of a 3.5' high fence? Mr. Wenkus indicated that it would be more appropriate to construct the iron fence at the height proposed. Chairman Kelley asked whether it was intention to plant arborvitae along the fence? the applicant's Mr. Wenkus said that they would be planting shrubbery and trees in the entire front yard and on either side of the fence. Mr. Wenkus said that the fence would also limit trespassing. There were no comments from the public regarding this matter and the public hearing was closed. Planning Commissioner Brown said that normally he would not look favorably at a 6' fence and would prefer to see the standard 3.5' height. Brown said that a 6' fence had previously existed in this location and the proposed fence would be less obtrusive. Planning Commissioner Hanson indicated that he did not object to the height of the fence. Planning Commissioner Bellows said that the Planning Commission normally does not vote favorably for such request. She felt that this proposal was appropriate however due to the openess of the fence. It was moved by Planning Commission Brown, seconded by Planning Commissioner Hanson, to recommend approval of this height variance for a fence as proposed. Hanson requested that the motion be amended to reflect the new location of the fence due to the denial of the turn-around driveway. Brown amended his motion, Hanson seconded. Kelley said that it was important to note that there was a pre-existing 6' fence on this property. Motion, Ayes = 3, Kelley, Nay due to his preference ^o see a 3.5* fence. Motion passed. #1481 GERALD NCCOURTNEY 1055 FERNDALE ROAD WEST AFTER-THE-FACT CONDITIONAL USE PERMITAARIANCB PUBLIC HEARING 8:40 P.M. TO 8:55 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. McCourtney was present for this matter, as was Mr. Gerry Wenkus, Mr. McCourtney's contractor. Assistant Planning and Zoning Administrator Gaffron explained how staff had discovered the construction of a basement MINUTES OF THE PLANNING COMMISSION MEETING NOVEMBER 20, 1989 ZONING FILE #1465-MCCOURTNEY CONTINUED Planning Commissioner Bellows said that the house was nicely- done, but the issue is hardcover. She said that the Planning Commission had been through this with Mr. McCourtney before. She said that it would be difficult to approve a 10% increase in hardcover, especially due to the fact that the lot is small. Chairman Kelley said that he would be inclined to recommend that hardcover remain at 3.5% and 36.8% as required as part of the approval for Mr. McCourtney's 1988 application. Kelley questioned whether it would be possible for the applicant to obtain adjacent property? Mr. Wenkus replied that acquiring adjacent land was a possibility but he could not answer that question at this time. Mr. Wenkus reiterated that there was a definite hardship and that the square footages were appropriate. He said that if the Planning Commission recommends maintaining hardcover at the current percentage, he could not even put in a reasonable driveway, not to mention the patios and sidewalks. He said that the maximum allowed width of the driveway would be 16', not adequate to serve a triple width garage. Planning Commissioner Bellows asked Gaffron how this plan differed from what was approved so that only that much driveway would be permitted. Gaffron replied that the addition cf sidewalks was a factor as is the fact that the terrace is a bit larger than the pre existing deck. Gaffron said that the applicant in the previous application had "traded away" hardcover that he should not reasonably have traded away". There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Planning Commissioner Bellows, seconded by Planning Commissioner Hanson, to deny the hardcover variance and that the current hardcover percentages of 3.5% and 36.8% should remain. Motion, Ayes=«3, Brown, Nay due to his concern for safety with the cars being parked along Ferndale. Motion passed. The portion of this application pertaining to the fence was then discussed. Gaffron asked the applicant if he would still requ-.re the fence, in light of the denial for the circular driveway? Mr. Wenkus said that they would still like the fence as proposed as it is more aesthetic than anything else. Bellows asked where the fence would be located now that there is no circular driveway? Mr. Wenkus replied that it would be approximately in the MINUTES OF THE PLANNING COMMISSION MEETING NOVEMBER 20, 1989 ZONING FILE #1465-MCCOURTNEY CONTINUED and only the tip of the terrace touches the sight line.He said that the terrace will only be 1.5' above grade with no railings. There were no comments from the public regarding this matter and the public hearing was closed. Planning Commissioner Brown said that the Planning Commission has been very consistent in limiting additional hardcover beyond the Zoning Code Requirements.Brown said on the other hand he could understand the safety concerns of the applicant.He saivi that he would be inclined to say that hardcover should remain at its current percent.He said that the driveway could be constructed, but perhaps not the deck. Kelley observed that the deck would be locat d in the 0-75' zone. Gaffron said that allowing the driveway and sidewalks to go in would bring the hard*'.ver total to 46% in the 75—250' zone. Planning Commissioner Hanson said that the remodelling and consequent hardcover were appropriate, but he wished to uphold the City's consistent policy regarding hardcover in the lakeshore. He said that eliminating the terrace would be a method of maintaining hardcover. Planning Commissioner Bellows said that she is not convinced that the driveway configuration will solve the safety problem. She said that it would be difficult to back out of the garage and get turned around to drive out of the circular drive.Bellows said that she was bothered by the significance of the house in relation to the size of the lot.She said that she was shocked to see that it had developed to the degree that it had.She agreed that there was a legitimate safety concern, but that 5t was self-inflicted.She did not think that allowing the large circular driveway would solve the problem.Bellows thought that there were other solutions and suggested that Mr.McCrtney be prepared for either "some hard tr'^de-offs or for some sheer denials”. Mr. Wenkus said that with respect to the hardcover, the adjacent land is sparsely developed and there is quite a bit of additional square footage in the area for runoff and filtration. Mr. Wenkus also noted that the house had not varied much from the building specs to the finished product. He said that the front of the house was brought forward slightly and that the roof peak in the certer of the house was 4* higher than the original house. Mr. Wenkus naid that the lot is substandard by virtue of City of Orono actions in the 1970's. He said that it was developed as a substandard lot: with less acreage because the City of Orono allowed a .75 acre lot to be developed in a fairly expensive neighborhood with high property values. Mr. Wenkus said that they have built only to those values and not tried to overbuild. . MINUTES OF THE PLANNING COMMISSION MEETING NOVEMBER 20r 1989 ZONING FILE #1289-WILL CONTINUED ramifications to Mr. Wear's subdivision homeowners as a result of turning the road into a public road?Mabusth said that the homeowner's association would still maintain Wear Circle. Mabusth asked for specific reasons as to why the Planning Commission wanted the public road publicly maintained.Kelley replied that the Planning Commission had a difficulty with the concept of a public road that is privately maintained.Kelley asked how the City could mandate the homeowner's association to maintain the public road.Mabusth said that the City Attorney's opinion is that the City could make such a requirement.Hanson said that such a proposal is poor planning.Be] ows said that such an arrangement was virtually unenforceable.Motion, Ayes=4, Nays=0, Motion passed. #1465 GERALD HCCOURTNEY 1055 FERNDALE ROAD WEST VARIANCES CONTINUATION OF PUBLIC HEARING 8:10 P.M. TO 8:40 P.M. The Affidavit of Publication and Certificate of Mailing were duly not^d. Mr. McCourtney was present for this matter, as was Mr. Gerry Wenkus, Mr. McCourtney's contractor. Assistant Planning and Zoning Administrator Gaffron explained Mr.McCourtney's proposal and the history of the property. Mr. McCourtney said that the basis of this project was the need to add a closet.He said that their intentions had gotten out of hand, but they had not set out with the idea that they would get approval for hardcover increases every other month.He said that the proposal being presented was the best plan to service the property the way that it is set up.He said that the purpose of the driveway proposal is just to get the cars off of the road. Mr. Wenkus f=vid that he had come into this matter after the initial building permit had been issued. He said that he had tried to work with the City in preparing the landscape plan and trying to resolve this matter in a way beneficial to both Mr. McCourtney and the City.He said that the hardship is the size and shape of the property and the fact that o/er half the property is located in the 0 — 75' zone. He .Taid he has cl on the width of the sidewalk areas and the size of the areas from what they had initially proposed. He said that Js being proposed is appropriate for the neighborhood. Wenkus noted that there had been a 6' fen'e existing in right-of-way which had recently been removed.The fence being proposed is less obtrusive and would be lot vithin the boundary lines of the property. Mr. Wenkus d that the replacement terrace will encroach no closer to th^..ake tnan the pre-existing deck. He also said that he had taken into consideration the sight lines of the two neighboring properties ck *.o t Mr. the ZONING FILE NO.1465 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION ciYStal^aly, MN 55323 473-7357 Date “/89 Toi""Gerald McCourtney COPIES TO: Gerry Wenkus LTD. 14335 43rd Ave N 3531 MaplewTOd Cir Plymouth, MN 55445 _ _ _ _ _ _ _ _ _ _ _ _ TYPE OF APPLICATION:Variance DAra orjlraTi^r 11/20/89 VOTE: Noted Below Planning CcaiHtission recommends the following: Issue #1 - Hardcover:on a vote of 3-1, Planning Commission re ommended denial of variances to allow hardcover in excess of the previously approved 3.5% in the 0-75' zone and 36.8% in the 75-250 zone. issue #2 - Fence Height:on a vote of 3-1, Planning Commission approval of the fence height variance as proposed, with fence to be located within applicant's property boundaries,v length of the street lot line except for the area of the driveway entrance. Applicant's next scheduled meeting is confirmed as: city Council Monday, December 11, 1989; 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. 1Mayor Grabek & Orono Council Members City Administrator Bernhardson Prom: Date: Michael P. Gaffron, Asst Planning & Zoning Administrator April 3,1990 Si’biect:#1465 Gerald T. McCourtney, 1055 West Ferndale Road - Variance - Referral Back to Planning Commission Zoning District. 2 acre iR-lA, Single family lakeshore residential. Application - Request for hardcover and fence height variances Discussion - This property n granted variances for hardcover in 1987 and 1988 to al. .8t. hardcover in the 75-250' zone, and 3.5% in the 0-75' zo . Applicant's current request for additional hardcover increases to as much as 46,0% and 4.5% respectively, received a 3-1 recommendation for denial at the Planning Commission in November 1989. Anticipatina similar Council denial, the applicant is proposing a revised plan with less extensive proposed increases. This current plan has not been reviewed by the Planning Commission. Recommendation - Staff recommends that the revised plan be referred to Planning Commission's April 16th meeting for review with a recommendation to be brought back to the Council at tne April 23rd meeting. Proposed Motion: Moved by_ _, seconded by to refer revised application #1465, Gerald T. McCourtney, 105:. West Ferndale Road, to the Planning Commission for further review at their April 16, 1990 meeting. Ayes , nays O. APPLICATION NO. 14 65 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 NOTICE OF COUNCIL ACTION Date of Notice:4/16/90 TO:Gerald T. McCourtney COPIES:Gerry Wenkus, Ltd. 14335 43rd Ave N 3531 Maplewood Circle Plymouth, MN 55445 Excelsior, MN 55331 TYPE OF APPLICATION:Variance DATE OF MEETING:4/9/90 VOTE:5 For 0 Against COUNCIL ACTION - MOTION: Referral of revised proposal to Planning Commission.Revised plans must be submitted by May 1, 1990 in order to be considered by the Planning Commission at their May 21,1990 meeting. Please contact Mike Gaffror. at 473-7357 if you have any questions. If you desire certified copies of the official Council minutes, they are available from the City Recorder or City Clerk after review and approval by the City Council. up- 20N© /*fBh \b^‘550 SF ‘T9-«?'2tfh^/^Fr U»,4,fo<?SF. .;r;-:' ' ' ’•j.^ ”“1 '•a. -.‘r-.j.v c v::^i—rr ••"• -.U.'••• ».;•■«■.• .ifeli«MKai)s Dfrwswfrt.. - Jltta P ^ CtHCU */taF_ fcU)g//u4, eetvipt^A. gi4» ^ Noryg r . 4,b‘Tfa ;.-.■■ ^^srtVfr W8Mxaue>t ~iu ^\n- ._: .iftoJgu . sBwxepv___ .SasLse-. 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Describe request in detail: GF A T^WC6b GAROti^ (^OWINC P£j?£MMIAL FLCfMdkS PfT^ONAL u<>£.^/\M0 fctl Cqm miRCiAi. a^C v^XTij, tin ^CrXVILi^ r^N ' REQUIRED SUBMITTALS 1.Completed Application Form. 2.Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271). UT^ 3.Plat Map. 4.Certificate of survey (signed by a licensed surveyor). 5.Topographic survey (existing and proposed contours)if land alterations involve changes in elevation (grades). 6.Construction plan, if applicable (see staff for requirements). 7.As an addendum to this application,please attach a separate list of any other persons you wish notified of this application. YOU ARB REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR_ _ A WORKING COPY (11" X 17■ OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Date_ _ _ _ _ _ _ _ _ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct ro thip best of his/her knowledge. Applicant's signature Date OWNERS 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 veri^^ation of thi^ r -quest. Owner's signature __^______ Date ^ ~ -------- Applicant must ha^^x^ll submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. w 7 /f .n^o2vooc!r_i,£CITY OP ORONO - GENERAL LAND USE APPLICATION - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- PROPERTY LOCATION ^'WrcTOT Site Address ^^ \Ne5T Ij (^AP.M 55M MsS Property Identification Number (P.I.D.) Q7-Ll7^32^^0004 ---- Please attach legal description to application if not included on required survey. j^ppy^y^aw*p Phone (home)_ _ __ Name v^TEVEM J. R U.C£/_____________^Phone (work) AlZ^^(c7S ----------- Address 4<gZ5 ^fa,r&^rHRr^AD city __ OWNER (if different than applicant) Name Phone (home) 4*73~4-*7QJ Phone ___________ City Zip v5639| (month/year) I (do)(>ao~ n^) also own the adjacent parcels of land PEES - CONDITIONAL USE PERMITS - Renewal Fee - 1/2 Current Fee After-the-Fact Fee - Double Currer- Application Fee _ _ _ _$ 50.00 For each variance request with CUP application _ _ _ _$125.00 Residential accessory Use _ _ _ _$150.00 Institutional (church, school, etc.) _ _ _ _$150.00 Guest House/Guest Apartments _ _ _ _$150.00 Duplex Credit/Bldg _ _ _ _$250.00 Commercial/Industrial Use X $200.00 Land Alteration Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more_ _ _ _Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS , , ^ ^ x$200.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation _ _ _ _$175.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision $250.00 Rezoning (PUD - refer to fee schedule) _ _ _ _$100.00 Appeals Other - see fee schedule 4.Employees involved with the home occupation are not allowed to work on the site. All employee vehicles must be stored within the accessory structures on the property during the work day and all work vehicles must be stored within the structures when not in use. 5.As property is substandard based on the existing RR-IB rural residential zoning district area standards containing 1.24 acres, the applicant is placed on notice that no further landscaping expansion is approved for this limited site (this includes greenhouse expansions) because of the area needed for future septic use. 6.Applicant to obtain penalty building permits for greenhouse addition to detached accessory garage and retaining walls within tiered gardens. 7.Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit by July 16, 1990 or the the special conditions of this resolution will expire on that date. 8.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. 9.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 9th day of July, 1990. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 4 of 5 5.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light,air nor pose a fire hazard or other danger to neighboring properties;wculd 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 wit i the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6.The City Council finds that granting after-the-fact conditional use permits to allow the 8'x9' greenhouse addition to the rear of the detached accessory garage and the tiered garden within the street yard will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping witn the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.28, Subdivision 5 (B) and Section 10.28, Subdivision 4 (A) and per Section 10.03, Subdivision 19 and Section 10.28, Subdivision 3 (A) grants after-the-fact conditional use permits as noted in detail above, subject to the following conditions; 1.No retail sales activities can be conducted on the property. 2.All materials or equipment to be stored outside shall continue to be screened from view when observed from the public street or adjoining residential lots. 3.No signs are permitted other than those normally allowed in residential districts. Page 3 of 5 3.The property consists of 54,108 s.f. or 1.24 acres. 4.The Orono Planning Commission reviewed this application on April 16, 1990 and June 18, 1990 and recommended approval of the proposed variances to Section 10.28, Subdivision 5 (B)and Section 10.28, Subdivision 4 (A); and per Section 10.03, Subdivision 19 and Section 10.28, Subdivision 3 (A) recommended approval of after-the-fact conditional use permits based on the following findings; A)The greenhouse additions do not function as commercial greenhouses as they are not served with heating or cooling systems. These specific structures are used for storing plants in the spring as protection from the change in temperatures and are not growth areas and serve predominately as storage areas. B)Although plantings within the tiered gardens are used in clients' gardens, the garden area appears similar to other garden areas on residential properties. The applicant hires an outside individual to tend the gardens and is not employeed by the home occupation. C)At the Planning Commission meeting of April 16, 1990 the following neighbors made the following comments regarding Mr. Ruce's home occupation; Lavern Dunsmore stated "Mr. Ruce's property is beautiful and has been enhanced tremendously." Jim Stephenson stated "Steve's business is unlike any other. He is not a landscaper, he is a gardener and is very low keyed. You can talk to any of the neighbors and they will all agree that Mr. Ruce has very little impact upon the neighborhood. It is a beautiful area and we would like it to remain." D)All material and equipment used in the home occupation are not stored within view of the public street or adjoining lots. Page 2 of 5 A RESOLOTION GRANTING AN AFTER-THE-FACT CONDITIONAL DSB PERMIT PER MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 3 (A) AND SECTION 10.03, SUBDIVISION 19 AND GRANTS VARIANCES TO SECTION 10.28, SUBDIVISION 5 (B) AND SECTION 10.28, SUBDIVISION 4 (A) PILE #1512 WHEREAS, Steven J. Ruce (hereina*.'ter "the applicant") is the owner of the property located at 4625 West Branch Road within the City of Orono (hereinafter "City") and legally described as follows: The east 60 feet of Lot 1, Block 1, West Branch Hill, and the south 168.71 feet of the north 208.71 feet of the east 208.71 feet of the northwest quarter of the northwest quarter of Section 07, Township 117, Range 23, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, per Section 10.03,Subdivision 19 and Section 10.28, Subdivision 3 (A), the applicant has applied for after- the-fact conditional use permits to permit an 8'x9' greenhouse addition to the rear of the detached accessory garage structure; and to permit land alterations in excess of 100 cubic yards resulting in a tiered garden within the street yard of the property; and variances to Section 10.28, Subdivision 5 (B) to allow a retaining wall 4'4" 8' from the front street setback line where only a 3‘6" retaining wall is allowed within the 50' front/street yard, and a variance to Section 10.28, Subdivision 4 (A)for approval of a variance to the home occupation standards of the code that would allow employees to work that do not reside within the residence on the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1.This application was reviewed as Zoning File #1512 2.The property is located in the RR-lB Single Family Rural Residential Zoning District requiring 2 acres of dry contiguous lands. Page 1 of 5 r.Zoning File #1512 July 2, 1990 Page 4 of 4 The applicant has filed a home occupation license and seeks approval to the home occupation standard that would allow 3 employees to work for the home occupation that do not reside within the residence. This point was touched upon in the earlier review. As a condition of that earlier review, it was noted that employees involved with the home occupation would not be allowed to work on the site. It has already been noted that the individuals come to the site to pick up the work vehicles and park their private vehicles at the property. Please note the individual who attends the tiered gardens is not an employee of the home occupation, but is hired by Mr. Ruce to attend the garden. The conditions of the former conditional use permit have been satisfied by the applicant. There are no retail sales on the property, there is no exterior signage, all outside storage of materials and equipment is stored to the rear of the property or within the existing detached structures and cannot be observed from the public street or adjoining lots. It should also be noted that during the public hearing, Mr. Ruce's neighbors were in attendance noting strong support of Mr. Ruce's operation. In fact, several had asked if the employee cars could be parked within their properties so that Mr. Ruce could continue in the present operation. Planning Commission accepted some of the alternatives offered by staff to minimize the impact of the employee parking by requiring all employee vehicles stored within accessory structures on the property during the work day and all work vehicles to be stored within the structures when not in use. The Planning Commission recommended approval of the after- the-fact conditional use permits and variances sought by Mr. Ruce and accepted staff's final recommendation to the applicant that would prohibit all further landscaping expansion (this includes greenhouse additions) because of the substandard rural property and the future septic needs of that property to support the primary residential use. The enclosed resolution has been drafted noting the special findings and specific conditions of these approvals. The minority opinion of 2 denied the application on the basis that "it is apparent that the business use of this property is expanding, and this posses a problem as it is occuring in a residential zone". Zoning File #1512July2,1990 Page 3 of 4 Review of Application - In a routine building inspection for the lew accessory garage structure on the property, the building inspector observed and reported on the extensive terracing done within the front and east yard of the property. The zoning staff contacted Mr. Ruce to advise of the need for a conditional use permit. The applicant has advised that the plantings within the terraced area are to be used for the gardens of his landscape customers and for special experimentation. Sections of the retaining wall exceed the allowed height within the 50' yard setback as already noted above. The Planning Commission was asked to determine if a conditional use permit is needed for a nursery use because of the commercial aspect of the tiered gardens, or is this garden a typical accessory use because of the design and appearance of the the terraced garden. The applicant is in the business of creating yards with beautiful gardens.Photo reports of Mr. Ruce's gardens have appeared in local and national landscape magazines.Terrace gardens provide protected/controlled growth areas for young plantings to be used within the gardens cf applicants clients. In 1985 the applicant received approval for a conditional use permit for a greenhouse addition to the rear of existing residence. Please review Exhibits J and K, the Council minutes that discuss the nature and degree of the commercial use of the property and the resolution that placed controls on that commercial use.Some members may remember that Mr. Ruce had received a refund because the commercial use was proposed at such a minimal level.Resolution #1712 established conditions for the control of the commercial use of the property.The Planning Commission found the gardens to be consistent with other garden areas within residential yards and accepted it as an approved accessory use. Since the original conditional use approval, the applicant has installed an approximate 8'x9' greenhouse addition to the rear of an existing garage. Ruce has explained that this greenhouse is used in the same manner as the original greenhouse, merely as a staged storage area for young plantings In spring. Both additions have no heating or cooling facilities and technically do not function as commercial greenhouses. Based on the previous findings, the Planning Commisson recommended approval of the after-the-fact conditional use permit. Zoning File #1512 July 2,1990 Page 2 of 4 Section 10.28, Subdivision 3 (A) - Conditional use permit required for greenhouse. The applicant installed an approximate 8'x9' greenhouse addition to the rear of the existing detached garage without the benefit of building permit review.As with the original greenhouse approved by Council that was installed to the rear of the existing residence,both structures are not heated or cooled and serve as temporary storage area for plants in spring.The Pl'anr.fng Commission recoirjnended approval of an after-the- fact conditional use permit for the greenhouse addition as its use appears consistent with the former greenhouse approved by the City.Greenhouse additions are not used for the growing of plants, but rather for the temporary storage of young plants in early spring. Section 10.20, Subdivision 4 (A) - A home occupation license is required for Mr. Ruce's gardening business. A variance is required to the specific section of the code that would not allow the employment of outside help to assist in the operation of the business.Please review Exhibit L, Mr. Ruce hires 3 full time employees to assist in the operation of the gardening business.This was also noted in the earlier review where home occupations did not require licenses although the same standards were still applicable. Review Page 2 of Resolution #1711 (Exhibit K),note employees were recognized but were not allowed to work on the site.Mr. Ruce advises that this is still the case. Employees come to the site to pick up vehicles. List of Exhibits - Exhibit A -Application Exhibit B -Property Owners List Exhibit C -Plat Map Exhibit D -Septic Inventory Map Exhibit E -Survey Exhibit F - Plan of Terraced Garden Exhibit G - Topographic Detail Exhibit H - Green House Site Plan Exhibit I - Elevation of Green House Addition Exhibit J - Council Minutes of 2/25/85 Exhibit K - Resolution #1712 Exhibit L - Home Occupation License Application Exhibit M - Planning Commission Minutes 4/16/90 Prom: Date: Subject: Mayor Grabek & Orono Council Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administg^|J|IJQ||^ MEETING July 2,1990 #1512 Steven Ruce, 4625 West Branch Road - After-the-Fact Conditional Use Permit/Variancef^jy pp OROfcO Resolution Zoning District - RR-IB Required Area = 2 acres Existing = 54,108 s.f. or 1.24 acres Pertinent ordinances & Planning Commission Recommendation - Section 10.03, Subdivision 19 - Conditional use permit required for land alterations in excess of 100 cubic yards and thf» installation of retaining walls ranging in height from 3' to 5'6" located within street yard. Section 10.03, Subdivision 15 and Section 10.08, Subdivision 5 (B) - retaining walls in excess of 3'6" in height become an encroachment requiring a front street setback of 50'. The following variances are required; Required Setback = 50' Proposed = 8' Variance = 42' Allowed Height = 3'6" Proposed = 4'4"(Section of retaining wall located within 50' front yard setback area.) Planning Commission recommended approval of the after-the- fact conditional use permit to allow the tiered garden with retaining walls located within the front street setback. Because of the sloping topography, the retaining walls in excess of 3'6".do not create a visual impact a safety hazard for users of the adjacent public road. Section 10.20, Subdivision 3 (L) - Conditional use permit for crop use; and Section 10.20, Subdivision 4 - Gardens as accessory uses. Although plantings within the tiered garden area are used for clients' yards and experimentation.Planning Commissicn members concurred that the external appearance of tiered planted area is predominately a residential garden.The individual who maintains the garden is hired by Mr. Ruce and is not an employee of his business.The tiered garden was viewed as an approved accessory use and not requiring conditional use approval. MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING ZONING FILE #1515-RUCE CONTINUED Kelley asked Mr.Ruce if he employs persons and if so,if they leave their vehicles at his house to go to various work sites. Mr. Ruce replied,"I have employees tnat come to the site and we take vehicles from the site.I have hired a person to work on the garden itself, but he is not an employee of my business and does not work for my clients. Hanson stated that he views the construction of the additional garage as an intensification of the site and that concerns him.He said that the expansion of the garden does not trouble him,but rather it is an appropriate use of the land. Hanson said that the Code does not work well if it makes no provision for addressing the issue of vehicles being left at the site by employees. Mabusth stated that vehicles are not to be parked on the site. Mabusth suggested that the Home Occupation may be more acceptable if the company vehicles were taken home by the employees rather than stored on this lot.She said that it is the way the applicant's home occupation is conducted that violates the intent of the Ordinance.Mabusth suggested that staff could work with Mr.Ruce to make revisions in the way the business is run. Mr.Laverne Dunsmore,a neighbor,stated that Mr.Ruce's property is beautiful and has been enhanced tremendously. Mr.Jim Steffinson, a neighbor to the west,said,"Steve's Lusiness is unlike any other.He is not a landscaper, he is a gardner and is very low key. iou can talk to any of the neighbors and they will all agree that Mr. Ruce has very little impact on the neighborhood.It is a beautiful area and we would like it to remain." There were no further comments from the public regarding this matter and the public hearing was continued. Bellows indicated that she was only concerned with the trucks and the employees. Kelley indicated that he is concerned about employees going to work at a residential site. It was moved by Planning Commissioner Hanson,seconded by Planning Commissioner Cohen,to table this to allow time for staff to work with the applicant.Motion, Ayes-6, Nays-0, Motion passed. -12 - fA.minutes of APRIL 16, 1990 PLANNING COMMISSION MEETING ZONING FILE #1510-RICHARD BROWN CONTINUED Kelley asked Mr. Brown if he would prefer to table this. Mr.Brown stated that he would like the matter tabled. It was moved by Planning Commissioner Cohen,seconded by Planning Commissioner Hanson, to table this application.Motion, Ayes“6, Nays-0, Motion passed. #1511 CITY OF ORONO 2210 WAYZATA BOULEVARD CONDITIONAL USE PERMIT/VARIANCE PUBLIC HEARING 10:30 P.M. TO 10:32 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Planning Commissioner Johnson,seconded by Planning Commissioner Hanson,to recommend approval of the conditional use permit and a 7'setback variance. Motion, Ayes- 4, Nays-0, Motion passed. #1512 STEVEN RUCE 4625 WEST BRANCH ROAD AFTER-THE-FACT CONDITIONAL USE PERMIT PUBLIC HEARING 8:58 P.M. TO 9:13 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr.Ruce was present for this public hearing. Mabusth reviewed the issues involved with this application. Mabusth suggested that it may be appropriate for Mr. Ruce to apply for a Home Occupation License. Kelley asked Mr. Ruce if the commercial use of this property has intensified since the conditional use permit for the greenhouse was first issued. Mr. Ruce explained, "The garden has two purposes. The terraced area is used for growing plants to sell off-site in my garden business.I'm not a landscaper,I’m a garden designer and in order for me to make the business profitable, I grow the plants I can on the site rather than acquiring them from another source. The second reason for the garden is that I am interested in growing plants that I can cross-pollinate to create different varieties. I tried to make the garden aesthetically pleasing. The only mistake I made is that I did not go through the proper channels to do that. I'm sorry that happened. It was due to my own ignorance more than anything." -11 - LISTING OF EMPLOYEES: NAME; UiKniCmKrfvL ADDRESS: CITY: DATE OF BIRTH:.10/3 L/4i NAME:A^i\! iMvit CITY; DATE OF BIRTH:,0/12/60 NAME:lY^O lV/4^Fig NAME; ADDRESS: ZIP; 5533]CITY: DATE OF BIRTH: NAME; ADDRESS ; 5CLZ I ______ ZIP: SS3(£?' ADDRESS: CITY: DATE OF BIRTH: NAME: ADDRESS ; EjSO Z K ADDRESS ; CITY; feRQQfsl^^i OEKTO. ZIP; vb^43Q CITY;___ DATE OF BIRTH:DATE OF BIRTH: ZIP: ZIP: ZIP; ADDRESS; CITY:ZIP: DATE OF BIRTH: ADDRESS: CITY: DATE OF BIRTH; ZIP; LApplication Date;N\AV29joroved;1990Date License Appro^ Date License Expires; CITY OF ORONO P.O. Box 66, 1335 So Brown Rd Crystal Bay, MN 55323 _ APPLICATION FOR ANNUAL HOME OCCUPATION LICENSE Initial Review Fee - $50.00 Annual Review Fee - $30.00 NAME; \STLVEM 0 . RUCe//PHONE; ADDRESS;^^^CITY;■_ No. of Employees within operation; \3 Provide list of names of employees on back of this application. Type of Business to be Operated;_ _ _ __ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ License may be revoked if any violation occurs.City staff shall have five (5)business days in which to investigate and make a recommendation pursuant to Orono Municipal Code Section 5.02 & 5.03.If a site inspection is required by City staff, the review time will be extended to ten (10) business days.The license application with staff recommendation will be scheduled before the Council at the next regularly scheduled meeting held on the second and fourth Monday of each month. a= = = = = = = = =s = = = = =s = s=ssss===s=ss = = = = = = = = = = = = = = = s==s= = = = = = = = = ==== = ====*= —=““®** ORONO MUNICIPAL CODE REGULATIONS ON HOME OCCUPATIONS PURSUANT TO SECTION 10.20, SUBDIVISION 4 (C) ClTi OF OFOiiQProhibited Home Occupation Practices. FINA^F OFFICEmisuotci,.. 1.It is unlawful for any business operating as a home oc^^^p^'t^ii^ engage in operation wirbout prop***: licenses. i . 2. 3. 4. 5. 6. 41S0190 cool All persons engaged in the business must reside in the dwelling.CD/Ji/W No commercial signs permitted other than signs permitted in the residential zone. No excessive stock in trade may be stored on the premises. Over the counter retail sales is not allowed. Entrance to the home occupation must be gained from within the structure. «=as = =ssssssa=sss=ss=s=*: = =:= = =r=: = =: = = =:sss=s==s=: = sss:=iss==sss3ts=s=»ssssss«=:s*«s*s=»=ssssaE=as»e!asssx5S« The undersigned hereby agrees to the conditions quoted above from the Orono Municipal Code and any additional conditions the City may require. Signature of Applicant;^_ _ FOR CITY USE ONLY:After _ _ following; _ _ _Approval of' License Date; B»—•—— Signature of Zoning Official; Signature of Fire Inspector ;SSB = = = S=BS = BSBfeB = = : application,staff recommends the _ _ _Denial of License _ _ _ _ _ _ _ _ _ __Date;_ _ _ _ _ _. Date;_ _ __ m-^'y ft. I ' ' •i I CITY OF ORONO CityofOROIVO RESOLUTION OF THE CITY COUNCIL NO. 1712 Viol.itioM of or non-conrMnnco with any of the terms and ronditiors of thi r. rcr,ol ut: cr. sha 11 constitute a violation of the r.oning Code, shall autom.itically terminate any authority oranted herein, an<l shall ho pnni.shable as a misdemeanor. 6.The undersigned owi.oi * s read, understood and hereby agrees to the tcj-ms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in t.he chain of title cf the property. Adopted by the Orono City Council on this 10th day of Decenher, 1984. ATTF.ciT; othy HjDorothy HJ Mall in, i:ity CJ^-rk if^rtv F-wrfeTTs)Prop''! ty Property Owner (r.) Property Owner!;) Spouse .Spouse Page 3 of 4 .Vary C. Butler, Mayor Spouse 'city OF ORONO City of ORONO RESOLUTION OF THE CI^Y COUNCIL NO. _ _ _ _ _ _ D.Thf.* City Counci 1 f i n<lr. th.it, ar.int i nq .i Condi ti ona 1 Use Permit to .illow tht« oorrmorc'i.1 ] use of the attached 10' x 25' arernhouso wj^ll not be detrimental to the health# safety or qenr>r.il we 1 f'.'ir*"* ol the public, would not adversely affect light, .lir nor po.*".*' .i fire hazard or other danger to neiqhl>orinq prop'^rties, 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 the above findings, the OronoCity Counci) hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.20, Subd 3(E) to permit the use of an attached 10' x 25' greenhouse for commercial purposes, subject to the following conditions; No retail sales activity may take place on the property. Ail outside storage of materials or equipment must be fenced in such a mannei so ar to screen the stored matcriax from view when observetl from the public street or adjoining lot. As a home ocrup.ntion, the following performance standards further apply; a)Fntranc<* to the nr^'enhouse must be gained from within the house. b)No sign permitted other than those normally allowed in residential districts. c)No employees allowed to work an the site. The structure must conform to all pertinent Building Code requirements. 1. 2. 4 . Page 2 of 4 4960192 City of ORONO resolution Of the city council NO. .JLIU- Tr HUN,NO. ..0 WIIURI^N, S.,ov..n I...;.--in,,wrthln own.:, or .h- -.“•i- citr) »nd 'ei-’llV drscrlbecl asth^ City of Orono (hcrcxnoftf r i I oI iowr : rno nor,.. ,.-H a,-..I 71 / I -“ioV^hwc^ '"/V"? V/cuVn"! "U""' "’ercinattor propctty"); WHEREAS, the .iprHeart ^ gc^oran^attached 10 ’ x 25' ^reihi::"f-^orcr;ri-iaVvr^^ 10.70, cubclivir.ion 3(E). Mi nnf'r-ot.-i: bdivirion 3(E). NOW, THEREFORE, HE IT RE.SOl.VED bV the Ci ty Counci I of Orono, Findinqr. T|„. .-.ivHc... i-n w ... r-H. w..! ..r. r.onh.n FIl.-. No. 380. UHinnriarH-n^l'oVaHU-t. on N,.vrrb...l-.-H >'-■ , h- ..pr,. <■•>. ..... .as •7"'!; ^ ■ eard to taKc place on the thnt r.o rotnw variances would be required, noproperty, that no n nrt.orthe property would be created, and\"hrpropo«l would have no «”«nctu« c'rforn’tl all -‘\nn‘nr.,fct.rs'’‘oVrrnVln,’code. ,r.cat.d in the RR-lh .sin,le Far.lly Rural City Council has ttonsldcred this appUcaH^^ tne lindlnMS ami ■'"'no^rntiTt the applicant and the •««'* reports by sinff and ..fety and welfare of theof the proponed uno on the health, safety an communi /.“ Pnqc 1 of 4 rnftNSF^ CNTERED w'a.fci *1*fA;L*nON )AN IT 1385 /'f iM t UU*«TV MMy. r .... T~- •kinuti ;:! or -rm: lotcm^.r oi«».-o roi.wii. kutinv . m;u> rr.i-miM<Y 10B!i. I’ACnS 1880 STICVKN RUCK Co..ncil..c»bcr I.. Mon.s a,.ccd vUl, »"d thc Pl.nnlna Con^iMio.. in rcords to hSC. s:as»..... level of corrr;c: ej.Tl v:sc frr the property, her oftrr-thr-f.ict. sSsSinlillSpthe City acainst further commcrciality on the property tased on the lew level of com.erci« «.e intended for the picpcity.Kot:cn, ^yes (3)» .»a>s IC). f886 RICHARD RAGAT2 1945 CONCORDIA STREET VARIANCE RESOLUTION 11730*“art: SK :JS;.sv.!r.r.;;i;.ua ^, the C-75' setback rcr.c.Motion, Aye* C3), lay PLANNING FOR MAINTENANCE Mabusth rccorwcnded that the City or HUSlCirAL code ^""Lfwui^'thriiunicipal Ordin.n^^^^ for or.c year who would provide for the first annuei ordinances since the recodification of the code. CouncU.e,.b« CrobcK asked if th. the City an evaluation throughout the year to gee idea of the cost of such a service. ss‘.5a; id';;.:’'.... the Codifiers. (>r thi. ur.t;m.AK riu«»;n nniKrn. kutinv. iir.i.l* l-itnmiAKY i PACr. 4 1853 DCUClJVi'. K 1.1 NT TOM nFKPlKR 4 GARY UARH 3535/35-.5 IVY PIJVCK 4 303^ CArro POINT rdSUBJIVI.* !ON There was no one preront to represent the applicants. Zoning Administrator Kahusth noted that this application is a result of the vacation of Maple Avenue. Counei In-rmhcr 1-. Adars moved, .Acting Mayor’•Frahw rec'cudcu. to aj;*:ovc ..he plat cf a lot line^ 1 carrr.nccnicnt krru:: ar Casco Ceve finding all lots meet the standards cf the I.H-IC zoning districtand that all existing structures meet-tht raguired aetWek* for the •district, with arptoval subject to the condition that the plat he ancndrtl to reflect the City's ownership of that portion of Ivy Larc referred to on the preliminary plat as "to be dedicated as road". Motion, Ayes (3), Kaye (0). 1872 BRECKENRIDGE DEVELOPMENT CORP 1200 OLD CRYSTAL BAY ROAD PINAL SUnniVISION RESOLUTICN I1729*Acting Mayer Frahr. roved. CounciImomber L. Adams seconded, tc adept Resolution 11729, A Resolution Approvino the Plat cf BRECKEKRIDGE.Koticn, Ayes (3), Nays. (0). 1880 STEVEN RUCE 4625 WEST nRANCII ROAD CONDITIONM. USE PERMIT REQUEST FOR REFUND OF , ^ .fAPPLICATION FEE Steven Kucc w.-.r presert. Assistant zoning Administrator Gafficn stated that at the lest Council meeting, Steven Ruce’s application war placed cn Consent Agenda* and was approved but the rcquer.t for the refund of the apj'l ical icn fee w.*:s never addressed. Steven Rucc noted that since his application has such a minimal "commercial" use with no retail sales activity on the property, ho asked Council for a refund of the conditional use permit fee of 5100. Ruce noted that this was also the Planning Commission's recommendation. Acting Mayer Frahm noted that the conditional use permit is protection for the City in order for the City to control the level of commercial use on the property. Frahm noted that a 10 x 25* greenhouse could very easily become a more intense commercial greenhouse with a future owner. City Attorney Radio stated that the fee is to pay for staff time spent in reviewing the application and «lso for the filing of the resolution in the chain of title. dwg. no. 3-12 title:PERSPECTIVE VIEW OF SUN VALLEY CEBU SHOWING PARTS ASSEMBLY date;scale: not to scale rev;dwn : BG. note: model illustrated IS JANCO STANDARD lO'-ll 3/8" FOUNDATION LENGTH VENT SASH ASSEMBLY- P-2^ i!! H-r, GS-' SOCKET^ FOR P-2 PIPE BRACE PART B-J DOOR- FILLER ■CUT OUT C-5 AS SHOWN TO FORM DOORWAY 8" WALL X 2'-6" HIGH tin: ■<r.. ^H 1r f' V f ■ r'- F^/IIOPOS kD , iSU-vv :oy<j / (/s^ *' V /7 •— From: Date: Mayor Grabek & Orono Council MembersCity Administrator Bernhardson Jeanne A. Mabusth, Building &Zoning Administrator July 3,1990 Subject:#1527 Lyndon S. Bill Stubbs, 2555 Fox Street - Variance / ^ '-'S/I 5 1.990 List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Application Addendum Property Owners List Plat Map Peterson's Letter Wetlands Map Septic/House/Site Plan Survey Planning Commission Minutes of 5/21/90 Staff's Sketch/Defined Building Envelope Area for Lot Coverage Considerations Zoning District - RR-lB Pertinent Ordinance - Section 10.28, rural property. Subdivision 5 (B) - Lot area required for Required = 87,120 s.f. or 2.0 acres Existing per Auditors Subd. #229 = 47,908 s.f. or 1.10 acres (exclusive of drainageway - 1.04 acres) Existing per West Lot Line of Foxwood & Foxwood Addn* = 63,598 s.f. 1.46 acres (1.4 acres exclusive of .06 acres of drainageway) Variance = 26,136 s.f. or 30% *Applicant will commence registration of property upon final determination cf the Council. Section 10.55, Subdivision 15 (A)(1) - Drainageway that intersects dry buildable envelope is not classified as flood plain nor defined within the City's designated wetlands (review Exhibit F). This section of code is not applicable. Drainageway will be subtracted from total dry buildable area as set forth above. Zoning File #1527 July 3,1990 Page 2 of 5 Review of Application - Mr. & Mrs. Stubbs have owned Lots 9 and 10, Auditors Subdivision #229 for over 20 years and have applied for a lot area variance to allow property to be offered for public sale. There are 2 drainageways that intersect the property from the north side of Fox Street, the most eastern culvert drains direct to the wetlands, the most western culvert intersects the building envelope (review Exhibit H). Staff has recommended that the drainageway be altered at the time of residential construction so that the drainageway is more defined and does not fan out over the limited dry buildable envelope. There is an unclaimed/unknown corridor of land to the north, west and south of Lots 9 and 10 in Auditors Subdivision #229. Both affected property owners, Dave Peterson to the immedicce west (refer to Exhibit H), and the City of Oro.io have no interest in the lands and would make no claim to it. Mr. Stubbs was advised to delay with a torrence action until final action of the Orono Council. Please review staff's memo dated May 17, 1990 and June 13, 1990 for more detail on this variance review. The application was reviewed at both the May and June meetings of the Planning Commission. The major concern throughout the review has been how to limit the building size on this severely limited building envelope. At the June meeting. Planning Commission members considered defining the area of the dry buildable envelope to the east of the drainageway, refer to Exhibits H and J and allowing structural coverage to be limited to 15% of that area. Staff was originally asked to determine controls on the limitation of the building size of the residential structure on this property (review staff memo dated June 13th). The controls were not acceptable to the Planning Commission as they dealt merely with water usage and adhering to the restrictive setbacks. The Planning Commission wished for more specific controls as to limiting the size of the structure. Members considered using the lot coverage limitation, specifically limiting the area to 15% allowance to the area east of the drainageway as defined in the staff sketch (Exhibit J). The dry buildable envelope is approximately 27,500 s.f. Structural coverage would be limited to approximately 4,122 s.f. In conclusion. Planning Commission determined that the 15% lot coverage control would not be enforceable, and voted to recommend denial. The vote was 4 to deny, 1 to approve, and 1 abstension. The abstension was voted by a member who is interested in purchasing the property as a buildable site. Zoning File #1527 July 3,1990 Page 3 of 5 1.The property is severely restricted by surrounding wetlands and drainageway that intersects the building envelope. 2.Inability of City to develop effective controls to limit size of structure on property. The minority opinion voted to approve based on the following findings: 1.The property was originally zoned 1 acre (R-lC). 2.Based on the topography and location of the residence, there will be no visual impact on the adjacent residential properties to the west. 3.The total property consists of 26 acres, the majority of which is a wetland area providing extensive buffers to east and south. 4.Applicant has demonstrated that a 4 bedroom home can be constructed on the site and meet all required setbacks and also have adequate and suitable area for principal and alternate "conventional" on-site septic systems. Options of Action - 1.Denial based on the finding noted above by the Planning Commission; or 2.Approval. To approve the lot area variance of Lyndon S. Bill Stubbs requiring approval of a 26,136 s.f, or .6 acre or 30% variance based on one or more of the findings noted below: a)There is no additional dry buildable land adjacent to tne property to increase building envelope. b) Adequate and suitable area for on-site septic development has been found in the upper elevations of the property. c)A house can be located on this site meeting all required setbacks from wetlands/drainageway and street. d)The location of the house will provide minimal impact on existing residential development to the west. e)The property was zoned R-lC requiring 1 acre in area at the time the applicants purchased the property 20 years ago. Zoning File #1527 July 3,1990 Page 4 of 5 Approval shall be subject to the following conditions: 1.The future owner must have completed the registration of the property and submitted proof of the Court's action prior to obtaining a building permit for new residential construction. 2.On-site septic areas to be protected during construction as these are the only suitable areas on this proeprty for septic development. 3.Prior to developing detailed site plans and final building plans for this site, future owner/developer shall meet with the Orono Building and Zoning staff so that the special conditions of this variance approval may be reviewed. 4.Upon application for a building permit, the developer shall provide a grading plan for alteration of drainageway. Such plan shall be subject to review and approval by the City Engineer. 5.The following shall be the guidelines for residential construction on this severely limited site: a)Future owner placed on not'that the water use for the residence structure is ted to 600 gallons per day or 4 bedrooms.Resident, must be installed with a meter to determine water use levels.The City will ask that the current owner of the residence submit an annual reading of the meter in June of each year. b)No setback variances are to be granted for the proposed structure. Said structure must meet the 50' setback from the street lot line, and a 26' setback from the drainageway and wetland areas. c)No grading or filling will be allowed within the 26' setback area. All fill resulting from new construction must be stored out of protected area. Applicant to design a house that will provide minimal impact on existing elevations. The only approved excavation to be allowed in the protected area will be the modification to the drainage ditch that intersects the current building site. J Zoning File #1527 July 3,1990 Page 5 of 5 d)All structural improvements of this site shall be limited to 15% of the dry buildable envelope as defined in staff sketch Exhibit J.Structural improvements shall consist of house structure, garage,patio, swimming pool (includes water retention area),and tennis courts with fences in excess of 6'. e)Any others deemed appropriate by the Council, Council Action - To provide conceptual direction to staff so that the appropriate resolution can be drafted for Council review and action at their July 23rd meeting. If it is Council's intention to grant approval, staff must recommend that the applicant's surveyor submit accurate area calculations of dry buildable envelope for accurate determination of 15% lot coverage for property. From: Date: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator May 17,1990 i4. Subject:#1527 Lyndon S. Bill Stubbs, 2555 Fox Street - V*”"iance - Public Hearing Zoning District - RR-lB Pertinent Ordinances - Section 10.28, Subdi^'^ *?ion 5 rural property. (B)- Lot area required for Required = 87,120 s.f. or 2.0 acres Existing per Auditors Subd. #229 = 47,908 s.f. or 1.10 acres Existing per West Lot Line of Foxwood & Foxwood Addn* = 63,598 s.f. or 1.46 acres Variance = 23,522 s.f. or .53 acres *Applicant has commenced torrens action to claim undefined property to north and west. Section 10.55, Subdivision 15 (A)(1) - Drainageway that intersects dry buildable envelope is not classified as flood plain, nor defined within the City's designated wetlands (review Exhibit F). This section cf code is not applicable. Drainageway area will be subtracted from total dry buildable area. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Application Addendum Property Owners List Plat Map Peterson's Letter Exhibit F - Wetlands Map Exhibit G - Septic/House - Site Plan Exhibit H - Survey Zoning File #1527 May 17,1990 Page 2 of 3 Review of Application - As applicant's addendum notes, Mr. & Mrs. Stubbs have owned Lots 9 and 10, Auditors Subdivision #229 for over 20 years and applied for a lot area variance to allow the property to be offered for public sale. With this lot area variance application, there is no definite house plan to review. Applicant has submitted a tentative site plan with septic design information.Gaffron has worked with the on-site evaluator, Mr. Schirmers,and both confirm there is adequate and suitable area for a standard trench system within the higher elevations of the western portions of the property.Note that the house location meets the required 50' street setback, and 26' setback from the designated wetland below the 932' elevation (setbacks based on land acquisitions). There are 2 drainageways that intersect the property from the north side of Fox Street.The most eastern culvert drains to the wetlands.The most western culvert intersects the building envelope. It would be staff's recommendation to allow alterations that would define the drainageway at a deeper depth. Upon inspection after 3 or 4 rainy days,the drainageway appears to fan out within the building envelope.The drainageway must be maintained but it should be redefined to allow proper use of the dry buildable lands.Staff would recommend that upon development of this site for residential use,the future land owner provide land alteration plans to alter drainageway so as not to impact the limited area of the lower dry buildable portion of property. Such alterations must be revised by the City Engineer with the building permit application. Area of this drainageway should be defined at a minimum of 15'; 7 1/2' from the center of the drainageway. As noted above in the factual findings, there is an unclaimed/unknown corridor of land to the west and north of Lots 9 and 10,Auditors Subdivision #229.Both affected property owners, Dave Peterson to the immediate west (refer to Exhibit H), and the City of Orono have no interest in the land corridor and would make no claim to it. Mr. Stubbs was advised to proceed with a torrens action to lay legal claim to the 1/3 acre of dry buildable land. Options of Action Available - A)Denial. If denied, please refer to the necessary findings in the variance section of the zoning code; OR B)Approval. To approve the lot area variance of Lyndon S. Bill Stubbs requiring approval of a 23,522 s.f. or .53 acre variance based on one or more of the findings noted below: Zoning File #1527 May 17,1990 Page 3 of 3 1.There is no additional dry buildable land adjacent to the property to increase building envelope. 2.Adequate and suitable area for on-site septic development has been found in the upper elevations of the property. 3.A house can be located on this site meeting all required setbacks from wetlands and street. 4.The location of the house will provide minimal impact on existing residential development to the west. Approval would be subject to the following conditions: 1.On-site septic areas to be protected during construction as this may be the only suitable area on this property for septic development. OR C) 2.Upon application for a building permit, developer shall provide a grading plan altering drainageway. Such plan shall be subject to review and approval by the City Engineer. 3.Variance application shall not be scheduled for formal action by the Council until torrens action is finalized by courts. "Tab le. Planning Commission requests the tabling of the application until the registration action is completed by the Courts. To;Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From:Jeanne A. Mabusth, Building & Zoning Administrator Date:June 13,1990 Subject:#1527 Lyndon S. Bill Stubbs, 2555 Fox Street - Variance - Continuation of Public Hearing List of Additional Exhibits Exhibit I - Planning Commission Minutes of 5/21/90 Exhibit J - Revised Survey Designating Building Envelope and Drainageway Pertinent Ordinance - Section 10.28, Subdivision 5 (B) - Required = 87,120 s.f. or 2.0 acres Existing Per East Lot Line of Foxwood & Foxwood Addn = 63,598 s.f. 1.46 acres Total Area of Dry Buildable Exclusive of 15' Wide Drainageway = 1.40 acres (1.04 acres per Auditors Subd. # 2 2 9 - area of property prior to finalization of torrens action) Status of Application - The applicant's surveyor has submitted a revised survey designating the drainageway and confirming the dry buildable area exclusive of the drainageway. In addition, the revised plan designates the required building envelope. Staff has also defined a 26' setback from the drainageway re-establishing the west line of the building envelope. Staff was also asked to determine a method to regulate the size of the house within this severely limited building envelope as a future residence will be limited to 4 bedroom (600 gallon per day use level). The septic limitations shall automatically provide controls on the number of bedrooms for a future residence. As for controls on the size of the structure, staff suggests review the following: 1.Future owner placed on notice that the water use for the residence structure is limited to 6U0 gallons per day. Residence must be installed with a meter to determine water use levels. The City will ask that the current owner of the residence submit an annual reading of the meter on approximately June of each year. Zoning Fiel #1527 June 13, 1990 Page 2 of 3 2.No setback variances are to be granted for the proposed structure. Said structure must meet the 50' setback from the street lot line and the 26' setback from the drainageway and the wetland areas. 3.No grading or filling will be allowed within the 26' setback area. Applicant is to design a house that will provide minimal impact on the existing elevations. Based on staff's original memo, please note that the only excavations to be allowed in the protected area will be the modifications to the drainage ditch that intersects the current building site. 4.Prior to drafting final building plans for the site, future owner/developer shall be required to meet with the Orono staff to review the special conditions of this variance approval. 5.Any others deemed appropriate by the Planning Commission. Options of Action - A)Denial.Please refer to the necessary findings in the variance section of the zoning code; or B)Approval of the lot area variance of Lyndon S. Bill Stubbs requiring approval of a 23,522 s.f. or .53 acre variance based on one or more of the following findings: 1.There is no additional dry buildable land adjacent to the property. 2.Adequate and suitable area for on-site septic development has been found in the upper elevations of the property. 3.A house can be located on this site meeting all required setbacks from wetlands and street. 4.The location of the house will provide minimal impact on existing residential development to the west. 5.Although the contiguus dry buildable envelope is limited to 1.4 acres in area, the total property consists of 20+ acres. Zoning File #1527 June 13, 1990 Page 3 of 3 Approval is subject to the following conditions: 1.On-site septic area is to be protected during construction as this may be the only suitable area on the property for septic development. 2.Prior to developing detailed site plans and final building plans for this site, future owner/developer shall meet with the Orono Building & Zoning staff so that the special conditions of this variance approval may be reviewed. 3.Upon application for a building permit, developer shall provide a grading plan altering drainageway. Such a plan shall be subject to review and approval by the City Engineer. 4.Special conditions limiting size and residence structure as recommended above. 5.Other conditions deemed appropriate by the Planning Commission. 6.Variance application shall not be scheduled for formal action by the Council until torrens action is finalized by the courts. ^'7 CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $175.00 U ($50.00 per each additional variance) Renewal Variance Fee $100.00 ^ (no change from original application) After-the-Fact Fees (Double application fee) PROPERTY LOCATION .A ^^^5“ Site Address Property Identification Number (P my OF oRo^o ^ t..m VA/Z6/yK Attach legal description to application if not included on required survey. APPLICANT Phone (home) Name ^-7^/ '/P _ _ _ _ Phone (wor)c) Address;City;Zip;-4 OWNER (if different than applicant) Name _________>,5 ^ ^ ^________ Phone (home) Phone (work) Address;City;Zip; Date Property Acquired (month/year) I (do)(do not) also own the adjacent parcels of land. PRESENT USE OP PROPERTY Present Zoning District Present Use of Property Rfl - I & Residential Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $, Describe request in detail;_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ VARIANCES REQUIRED \y^Lot Area Setback Variances ( Other Lot Width Front _ _Hardcover Side Rear) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ __ DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ REQUIRED SUBMITTALS 1.Completed Application Form 2.uncertified Property Owners List of owners within 150'(you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 3. 4. 5. 6. 7. 348-3271).•XpPlat Map (obtained with property owners list). /Certificate of survey (signed by a licensed surveyor) to include hardcoviejf—efr3rsula.tiQD.a-As. - requ ix e d. /‘Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. Sketches or plans of floor and elevation views. As an addendum to this application,please attach a separate list of any other persons you wish notified of this application. 8.✓^Additional items as may be requested by City staff. YOU ARE REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WORKING COPY (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The Applicant and Property Owner must sign this application.Please remember that your variance application is not complete if the above infonnation has not been included. Certification by Clerical Department that Variance Application is complete. Initialed by Clerical Staff:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ APPLICANT'S SIGNATURE The applicant hereby cigrees 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 ^6 - /Pf*' OWNERS SIGNATURE The owner hereby ackowledges 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 investiga tion and verification of this request. Owner's Signature _ _ _ _ _Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting.Planning Commission Meetings are held on the third Monday of each month.Applicants must be present at all scheduled review meetings of the Planning Commission and Council.If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the BuiJding & Zoning Office of this change prior to the meeting. 0 • 7t I - ; >1 rlirnm jii- X'l (Jtut Cn^Jf^ u^Ac^>sJL ^ Z2L^ «=P^ l4j>. A4.J«^ "■ it^C. C ^>- /C-p^:.'^\A^■'"7^^<'-*7 ■^jih., nMI,1.,,A . M h€L g Si tt O <0 O W __n ° a: § 6 fi aiSssz^1 jj cc a r 'H X U (9 O Ul X X J S Su.225,-;o -I -I 19 in -I ^ in 2<0 O M M o OM o X X m -I M O ^ ^ §12 ^S ui O' o * §gar M Ui 9- N in S O (/) -J 'Oo < < >- in O Z H < Ki5 UJ n in oo ui “ K Ui Sui2 58 0<»-117-25 <♦!00058ACORESS 1 HII.LIAM E OGRAM DEAN R LINOBLOOH 2650 FOX ST WAYZATA MN 5S5CM z q:m«Ui X in «ftei ■" isS-'San:d <T X U. 1- t in9* <n tn </) -1<n CO 0) <Muiffiffil-CNJ o: S 5 w) Z1 D *- l- >- Xo V) 0) a 2 ** in S Xu i »- Ui O UJ ►- M >- < t- ““SD «n < O M K 580 02620 THEO G JAY 2620 WAYZAO CO O O O oilisi O -J U f-4 ^ < o»- ii2> z tn a < o: Ui Ui 2 Oa a o; < a a. Ci-'lu UJ M < •a K a u. o o Ui § M CSi O O' O M O <vOo| 2o < UI Ui in X o M 1- a -J (J O >■ Ui v,”§SX u. u <6-117-25 61FOX STh A 1D3TR0H• A IDSTROMFOX STTA MN 5559158 06-117-25 6600058ADDRESS 1 STATE LAND DEPTCITY OF ORONO ROAD10/1/82ST DEED'J JO 2! pH pH KkZ Z i/> MM iT) ^ -J ^ ^ M z “•"g-M VI u. V> *- O ^»- z 5 o< o a o X M UJ Ui M UJ )£ 1- (/) UJoo< CC N O O « M O *7 “!.X o s iis3 UJ UJ sC < O O €SI X X Ui X > UJ u. u. M CX O O 0 1 o ^ ^SKgg S Ui 2 ^oo M a O K UJ CD O'°?o a or O UJ UJo o o oe9-a z z UJ ♦< < l- fO V o iO Ui X X O -7 fu Z < < Z m £X << UI f-4 Z X ><»> > S 5 M M CO -J (0 < < Kt O.9<t o ac oc fH z58 05-117-25 5500058ADDRESS l STATE LAND DEPTSTATE LAND DEPTCONVEYANCE PENDII58 06-117-25 6102620FOX STJOHN M i SUSANB JOHN A SUSAt; RIN 2620 FOX ST HAYZATA 55558 06-117-25 6502625FOX ST 0 A E PETERSON OAVIO E PETERS0f42625 FOX STREET WAYZATA MN 555O <t KS£3o g|i£?2 og o a < a lu a a.5 h* g K a Ud < > N X ^ gloi O Z ui << >- s. a < ui cc S < Za O »- . sV,' .; mi ■■ ii* . - r. > i"' Pri'SBfe"' « 8P V"f. ®'•' V.’ H''% ^T-; J- ■'f'vl'. M ■■ u ife. =■ li'"' m - V-i- 6!; II fe' m !r.-^* r-- -y .M *■ ^-.<S'-9<?#1527 rV-4 ‘J.d y^s / v7y *^/C<- ,-Ci^ftc-;4w,^rj/w^ T , /. / ./ u' L<i2 fi(i!£^'.ij^';:;ai;.alIi:-i>-.'fl.^._J...cllh^>.-<4^i-L^^-.i..S.u-..A. .lS' -,t-- a .. '..J', 0 < � � 1\ u . 1 .. (I � 3�· �J r er- ( 1 t \,;1 # -"' ; , 'i; . s) r� � r, (" fa � --ct. J "\ O, / / ., ) � X u Cl> .c u tr C: // '·. ;i�0---:t\� I f I J- "1I .o I � � r � (1. J I o-d 'y t,,J ---·r ·--� ?Iv· /�-�s II) I JI ,£ 1. I , er c.,r I I L __ 1 _____ 11 I I, rJ � I \J) I \�1 ,., ,:f I' .a .. ,, • I _:_2_e_:� \ ,,,,-,, y, 0 lr OFONO PLANNING COMMISSION MEETING HELD MAV 21, 1990 ZONING FILE 11524-TRINITY PRE-SCHOOL CONTINUED if the program were offered at less than three hours. It was moved by Moos, seconded by Hanson,- to recommend approval of the conditional use permit for Trinity Lutheran Church for a pre-school program, subject to staff recommendations 1 and 2. Motion, Ayes-6, Nays-0. Motion passed. #1525 WILLIAM & JOAN WROBLEWSKI 630 PARK LANE VARIANCE PUBLIC HEARING 9:06 P.M. TO 9:10 P.M. Joan Wroblewski was present for this matter. The Affidavit of Publication and Certificate of Mailing were duly noted. Gaffron reviewed the information contained in his memo dated May 15,1990. Kelley asked Ms.Wroblewski why she needed the additional porch area. Ms. Wroblewski replied that she would like enough room to be able to sit on the porch. There were no comments from the public regarding this matter and the public hearing was closed. Hanson asked whether it would be possible for the applicants to place a roof over the porch without obtaining variance approval. Gaffron stated that a future variance would be required since the roof would constitute an encroachment of the 35'street setback. It was moved by Johnson, seconded by Moos,to recommend approval of the hardcover variance to construct a concre*-i* addition to the porch slab.Hardcover in the 75-250'zone shcil. be reduced to 45.6%.Motion, Ayes-5. Cohen, Na/.Motion passed. #1527 LYNDON S. (BILL) STUBBS 2555 FOX STREET VARIANCE PUBLIC HEARING 9:11 P.M. TO 9:30 P.M. Mr. Stubbs was present. Mabusth reviewed the information included in her memo dated May 17,1990. Hanson asked, taking into consideration the drainageway that -13 - ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE #1527-STUBBS CONTINUED will run through the property, whether there is sufficient land for a building envelope and septic sites. Mabusth replied that there will not be room to construct a large home, but the lot can sustain a reasonably sized (4 bedroom) residential structure. Kelley asked Mr. Stubbs what hardship he has for requiring a variance to the two-acre standard. :P Mr.Stubbs stated that there is no additional land to acquire.He said there will be no impact on adjacent properties. Bellows asked whether will be necessary. a setback variance to the septic code Gaffron replied that such a variance will need to be granted by staff.He stated that in this case, with the drainfield sites located approximately 15' higher than the marsh area, he has no concerns.He noted that a trench system is recommended for this property. Johnson favored the development of one residential site amongst 26 acres of land. Kelley asked whether restrictions as to building size should be established. Hanson stated that the capacity of the septic system could be used as a guide for the house size. Gaffron suggested that the number of bedrooms allowed for the home be recorded in the chain of title for the property. Bellows expressed concern about the use of bedrooms as a control.She stated that a four-bedroom house could still have 10,000 s.f.Bellows questioned whether it will be possible co sufficiently legislate the development of this lot.She suggested that this may be another parcel of land that is not meant to be developed. Cohen concurred with Bellows. Gaffron noted that there are ways, through the variance process, to regulate the size of the house in accordance with the capacity of the septic systems. He cited a particular application for property on Eastlake Street where that was done. He also noted that septic systems are reviewed whenever permits are requested for additional bedrooms. There were no comments from the public regarding this matter -14 - ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE #1527-STUBBS CONTINUED and the public hearing was closed. Kelley suggested tabling this application to allow time for staff to determine a method to regulate the size of the house on this lot. It was moved by Kelley,seconded by Cohen,to table application #1527.Motion,Ayes-5,Nays-0,Hanson abstained. Motion passed. #1529 JOHN B. THIESSE 3845 BAYSIDE ROAD VARIANCES PUBLIC HEARING 9:32 P.M. TO 9:38 P.M. Mr. Thiesse was present. Gaffron reviewed the information contained in his memo dated May 15, 1990 relating to this application. Hanson asked where the septic system is located on this property. Gaffron explained that it is on the lake side of the house, and when the lake is high, it is below lake level. Hanson expressed concerns regarding the location and questioned whether he could permit further development of the property. Kelley stated that it may ultimately be necessary for Mr. Thiesse to use a holding tank to serve his septic needs until sewer is available.. Gaffron stated that the area for the proposed garage cculd not be used for repairing or replacing the septic system. He noted that the DNR is in the process of revising - . -ulations that will require the City to address the location of the septic system. He said the issue of sewer/septic is si. rate from this application. Mr.Thiesse presented photographs showing his property and the property adjacent to his. .Mr. Thiesse noted that he had talked with Mr.Don Jaques from Hennepin County regarding access onto Bayside Road.Mr.Jaques did not express any concern for Mr.Thiesse's proposal..Mr.Thiesse asked the Planning Commission if they would consider a turn-around area in their motion.He stated that he did not include it in the application because of the existing hardcover, but would like to have it. There were no comments from the public regarding this matter and the public hearing was closed. -15 - July 3,1990 To Honorable Mayor James Grabek & City Council Members; In reference to 2555 Fox Street variance. We purchased this property some 20 years ago - this land has been in one piece for more or less 100 years and was originally purchased when one acre zoning was in affect. We have met the subsequent zoning setbacks and the needed septic system is adequate as the tests show a very suitable gravel base for a conventional system. It is encouraging as the only near neighbor, Dave Peterson, in turn has encouraged us to apply for this variance application and to claim the additional land corridors along the north, south and west of the property. While there is a precedent relating to similar variance approvals for the Ward Ferell property and also Tom Smieja property at 20 Cygnet Place, it would be a hardship to not be able to build on this property as no additional land is available. Due to the positive results of the perc test and topography, we are requesting approval of the building site 2555 Fox Street. L.Bill Stubbs Lillian Stubbs Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson CC-'j?^C!L PilEETiNG jijL 91990 CITY PF o?.orjo From:Jeanne A. Mabusth, Building & Zoning Administrator Date:June 29, 1990 Subject:#1532 Fullerton Properties, Inc., 2225 Sixth Ave. N. - Preliminary Subdivision - Resolution Zoning District -RR-IB Total Area - 36.8 acres List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Application Property Owners List Plat May Cook Report 5/30/90 Gronberg Report 6/11/90 CMP (7-15) - Transportation Section Grading Plan Septic Plan Hennepin Department of Transportation Letter Preliminary Plan Lot Configuration Each of the 13 residential lots satisfies the 2 acre dry contiguous area exclusive of the wetlands (as shown on the preliminary plan) or areas below the 987*,the ordinary high water mark determined by the DNR for Dickey Lake.The shared lot line between Lot 6 and 7 has been moved further north to open up the building and septic envelope for Lot 7.This has no impact on Lot 6 as the building and septic locations are to the extreme east of Lot 6 (review Exhibit I).It will be necessary to grant a lot width variance for Lot 6.Please note this variance has the full support of the reviewing staff.In fact, it has been recommended by the staff. The Planning Commission was asked to consider granting a permanent conditional use permit for the installation of accessory structures on through lots. Lots 1, 2, 4 and 5, Block 1. The Planning Commission was split on this issue. Members who supported staff's suggestion felt that if accessory structures met the required setbacks for principal structures, they saw no need to require a future owner to come back in for a conditional use permit. The setbacks would be as follows: Zoning File #1532 June 29, 1990 Page 2 Lot 1,Block 1 street setback -50'rear street setback,50' side Lot 2, Block 1 -50' rear street setback Lot 4, Block 1 -50' rear street setback Lot 5, Block 1 -50' roar street setback In all cases no accessory structure shall be located in front of the front line of the principal residence. Members in opposition felt that the requirements of the ordinance should not be waived for these specific cases and that each individual must apply for a separate conditional use permit for construction of accessory structures. Septic All septic systems have been found to meet all the current standards of the on-site septic code of the City. The City has been asked to consider special setbacks for structure and septic systems from lakes classified as natural environment by the DNR. The surveyor has been asked to locate the 200' setback from the OHW,987' elevation, for structures and the 150' setback required for all septic systems.Note that Lots 9 and ]0, Block 1 have alternate sites located less than 150' from the OHW.A third site has been selected within each of the lots as a potential alternate site located out of the 150' setback area. Technically, the City cannot ask for the 150' setback at this time.The third site has been selected as a precautionary step for the future owner, on the chance that the DNR shoreline regulations are adopted, alternate site 2 on both Lots 9 and 10 would not be permitted by the DNR. Gaffron has approved septic site locations and proposed designs for on-site sewage treatment systems. (5+ bedroom capacities) Grading, Drainage and Road Plan The preliminary road plans and grading plans have been reviewed by the City Engineer. Please review Exhibit D. His comments have been recorded in the preliminary subdivision resolution providing additional and future directives to the applicant.The grading plan fails to define a swale between the shared lot lines of Lots 2 and 3, Block 2.Applicants final grading plan must define swale.The City will ask for a drainage easement 10' to each side of the shared lot lines of Lots 4 and 5,Block 1,Lots 7 and 8,Block 1,and Lots 2 and 3,Block 2. The area of the detention pond within Lot 7 shall also be designated as a drainage easement on the final plat.The Zoning File #1532 June 29,1990 Page 3 Minnehaha Creek Watershed District has granted conceptual approval of the preliminary plan as proposed. The City is in receipt of the Hennepin County Department of Transportation's review comments (review Exhibit J).The report asks for an additional dedication of 10' of right-of-way along County Road 6, which the City will not honor.This is consistent with the City's previous policy on right-of-way widths for County Road 6.The County approved the separation distrance for Outlot C from the intersection of the County road and Willow.Hansen also notes for future consideration that this section of Willow will serve as a County road and asks that the City obtain an additional 7' of right-of-way for Willow. This the City has asked for as shown on the preliminary plan. Note the City has taken a future extension corridor to the south of the property to serve the future division of the Martinson property.The City Engineer had originally suggested that the City obtain a future extension corridor to County Road 6 near the cul-de-sac at the northeast of the property.Both the Planning Commission and Hennepin County ask that an additional access on County Road 6 not be designated James Cox property. The City staff has met with Mr. Cox to discuss his concerns regarding the granting of additional right-of-way within the property he is to acquire. Outlet A. Mr. Cox's homestead property appears as the exception along the west side of the property (surrounded by Outlet A). Staff has advised that it would not be consistent if the City did not acquire the 7' of additional right-of-way and has agreed to execute a special agreement with Mr. Cox. Such agreement would have the City vacate the unused portion of dedicated right-of-way (7') of Willow Drive pending final resolve of the upgrading of Willow Drive whether as a future County road or an upgraded City road based on MSA standards. During this interim period the City would agree that it has no right to remove special plantings or improved lawn sections located in the newly dedicated right-of- way of 7' . Planning Commission Recommendation The Planning Commission voted unanimous approval of the preliminary plan for the Shadowwood Farm subdivision of Fullerton Properties adopting the conditions of subdivision approval set forth by staff. Because of the three to three vote on the granting of a permanent conditional use permit for accessory structures, the enclosed approval resolution does not address the granting of a permanent conditional use permit for the through lots. The enclosed approval resolution will be amended to include permanent conditiona1 use permit for the through lots if Council votes to do so. ini Zoning File #1532 June 29,1990 Page 3 Minnehaha Creek Watershed District has granted conceptual approval of the {preliminary plan as proposed. The City is in receipt of the Hennepin County Department of Transportation's review comments (review Exhibit J).The report asks for an additional dedication of 10' of right-of-way along County Road 6, which the City will not honor.This is consistent with the City's previous policy on right-of-way widths for County Road 6.The Coui.ty approved the separation distrance for Outlot C from the intersection of the County road and Willow.Hansen also notes for future consideration that this section of Willow will serve as a Councy road and asks that the City obtain an additional 7' oi right-of-way for Willow. This the City has asked for as shovn on the preliminary plan. Note the Civ.y has taken a future extension corridor to the south of the property to serve the future division of the Martinson property.The City Engineer had originally suggested that the City obtain a future extension corridor to County Road 6 near the cul-de-sac at the northeast of the property.Both the Planning Commis.’<ion and Hennepin County ask that an additional access on County Road 6 not be designated James Cox property. The City staff has met with Mr. Cox to discuss his concerns regarding the granting of additional right-of-way within the property he is to acquire, Outlot A.Mr. Cox's homestead property appears as the exception along the west side of the property (surrounded by Outlot A).Staff has advised that it would not be consistent if the City did not acquire the 7' of additional right-of-way and has agreed to execute a special agreement with Mr. Cox. Such agreement would have the City vacate the unused portion of dedicated right-of-way (7*) of Willow Drive pending final resolve of the upgrading of Willow Drive whether as a future County road or an upgraded City road based on MSA standards. During this interim period the City would agree that it has no right to remove special plantings or improved lawn sections located in the newly dedi.cated right-of- way of 7' . Planning ComBission Recommendation The Plannirg Commission voted unanimous approval of the preliminary plan for the Shadowood Farm subdivision of Fullerton Properties adopting the conditions of subdivision approval set forth by staff. Because of the three to three vote on the granting of a permanent conditional use permit for accessory structures, the enclosed approval resolution does not address the granting of a permanent conditional use permit for the through lots. The enclosed approval resolution will be amended to include permanent conditional use permit for the through lots if Council votes to do so. mm. A RBSOLDTIOH GRANTING PRELIMINARY SUBDIVISION APPROVAL OF SHADOWOOD FARM PLAT FOR FULLERTON PROPERTIES, INC. FILE NO. 1532 WHEREAS, Fullerton Properties, Inc. (hereinafter "the applicants") on April 27, 1990 filed a formal subdivision application with the City for a division of 13 lots of a property legally described as follows: Refer to Exhibit A attached (hereinafter "the property") and; WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Subdivision and On-site Septic Codes, the Orono Planning Commission held public hearings on May 21, 1990 and June 18, 1990 at which times all persons desiring to be heard concerning this application were given the opportunity to speal^ thereon; and WHEREAS, at their regular meeting held on July 9, 1990 the Orono City Council considered the subdivision application of the applicant, noting the following findings of fact: 1.The property is located within the RR-lB Single Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2.The property contains a total of approximately 36.8 acres. 5.8 acres are considered wetlands. 3.The proposed plat contains 13 lots each exceeding or meeting the 2 acre dry contiguous minimum lot area requirement. 4.All lots shall be served by private roads to be constructed within the property. The location of the curb cut of the private road that intersects at Willow Drive has been approved by the City Engineer and the Hennepin County Department of Transportation. 5.12 of the 13 lots meet the required 20() feet width at the rear of the front yard setback line. The City staff has asked the Planning Commission and Council to consider a lot width variance for Lot 6 in order to open up the building and septic Page 1 of 7 envelope for Lot 7. Lot 6's building and septic envelopes have been located to the extreme east of the property. There is adequate lot width between Lot 6 and 7 to meet the required 200' width for each of the lots. 6.A single family residence can be constructed on all proposed lots without the need for any variances. 7.Septic testing has confirmed that all 13 lots contain adequate and suitable soils for on site seweage disposal systems to serve 5+ bedroom residences. NOW, THBRSFORE 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 Fullerton Properties, Inc. per plat drawings by Mark S. Gronberg of Coffin & Gronberg, Inc., dated March 1, 1990, revised June 11, 1990, and further grants a variance to the standard that would require all lots have frontage on a public road with the creation of a private road, and further grants a variance to the lot width standard for proposed Lot 6 subject to the following conditions: 1.Prior to the issuance of building permits for new construction, the final plat must be filed with either the Hennepin County Recorder's office or Registrar of Titles, road base installed and approved by City, and, if all necessary lot grading, drainage improvements, water quality structures, and paving of road are not completed by final plat approval, the developers must execute a developer's agreement and post a letter of credit (150% of cost of remaining improvements). 2.The following is a listing of required improvements for this subdivision: a.Private road to be constructed per engineering plan by Mark S. Gronberg dated May 14, 1990 subject to the changes requested by the City Engineer in his report dated May 30, 1990 as follows: 1)Ditch along Willow Drive to be graded in accordance with City standards. 2)Silt fencing should be shown on the grading plan. 3)PVI at Station 8 +00 to be moved to 8 +25 providing flatter grade coming into Tee intersection. Page 2 of 7 The following is a bid security required for the project: 1)5000 cubic yards common excavation at $2.00/cubic yard = $10,000 2)3500 ton Class 5 100%crushed at $8.00/ton = $28,000 3)650 bituminous surfacing at $22.00/ton = $14,300 4)2 acres seeding with 4" topsoil and mulch at $1000/acre = $2000 5)Total * $54,300 6)50% increase =$27,150 7)Total bid security required = $81,450 By Mark Gronberg dated May 14, 1990, revised June 11, 1990. b.Drainage swales and water quality structures as shown in the grading and drainage plans. c.Prior to any land alterations or road construction on this site, the following septic envelopes must be fenced: Lot 1,Block 2 - Septic envelopes 1 and 2 Lot 5,Block 1 - Septic envelope 1 Lot 8,Block 1 - Septic envelopes 1 and 2 3.Execution of agreement with James Cox dealing with interim use of additional right-of-way of Willow Drive and eventual vacation of unused portion of additional right-of-way upon determination of final upgrade of Willow Drive whether by City based on MSA standard or as future County Road 116.Applicant to advise if they wish the City attorney's office to prepare Page of 7 agreement.Applicant shall then agree to pay the cost of City Attorney's time.Applicant has option to prepare agreement for City review and execution. 4.The City has approved the creation of Outlots for the following approved uses; Outlot A - To be legally combined with the James Cox homestead property consistent with previous subdivisions of lot line rearrangements.Upon final subdivision approval, James Cox shall apply for the legal combination of Outlot A with homestead lot.At that point applicant has right to construct accessory structures or use area of Outlot for other permitted accessory uses. Outlot B - Desginated for future road extension to the south. This section of roadway is not to be constructed but is set aside for future road use. Outlot C “ Interior road outlots to be constructed upon final plat approval. 5.The following list of final submittals must be submitted to the zoning administrator 2 weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. Preliminary subdivision approval expires within 1 year of the date of Council approval (July 9, 1991). a.Record plat drawings in the form of (2) mylar copies and (1) copy reduced 1" = 200' . Drawing to include; 1)Lot lines platted per preliminary survey by Mark S.Gronberg dated March 1, 1990, revised June 11, 1990. 2)Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines - omif g the sides of the designated wetlands or lakesn.. Page 4 of 7 3)Designate and dedicate all drainage easements that define drainageway within swales between the shared lot lines of Lots 2 and 3, Block 2, 4 and 5, Block 1 and 7 and 8, Block 1. 4)Define ordinary high water mark of Dickey Lake at 987' elevation. 5)Define area between elevation 987 and 988 as flood plain district. Designate as drainage easements. 6)Wetlands as designated by staff at on-site inspection as wetland area also as drainage easement. b.LEGAL DOCUMENTS required: 1)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. 2)The applicant must provide certified copies of all recorded easements currently affecting the property. 3)Signed and executed Flowage & Conservation Easement over drainage easements that define wetlands, flood plain and Dickey Lake. (See copy enclosed.) 4)Signed and executed developers agreement and letter of credit for construction of the private road and other improvements. (See copy enclosed.) 5)Signed and executed Road and Utilities Easement (see copy enclosed) over Outlet B and C. 6)Signed and executed "Declaration of Private R Easement and Declaration for Maintenance of Same . (See copy enclosed.) Note need to amend for ownership purposes. If it is to be shared ownership, there is need to create a homeowner's association or other vehicle for the multiple ownership. Page 5 of 7 7)Completed "Application for Priva"-e Road Name". (See copy enclosed.) The City is aware is that you have selected a specific name but you should provide other name choices for the two roadways for Council's consideration. FEES TO BE PAID:Total Due $2,700.00 1)Park dedication fee per former schedule; $200.00 for 12 lots at $2,400.00.Please note no charge for Lot 5 that contained former resid*-nce. 2)Final plat fee = $150.00 3)Legal review and filing fees of $150.00 Adopted by the City Cor-.ncil of the City of Orono, Minnesota at a regular meeting held this 9th day of July, 1990. ATTEST: James R. Grabek, Mayor Dorothy M. Vjsllin, City Clerk STATE OF MIKLilSOTA ) COUNTY TtLwMEPiN ss. The foregoing instrument w^s acknowledged beforf- ne on this 9th dw./ of July, 1990, by James R. Grabek ft Dorothy M. Hall in, Mayor & City Clerk of the City of Orono, a Mir ’-^ta munic’pal corporation and said instrument was executed on behal* Ci i*.Expires Page 6 of 7 Exhibit A T.KnAr. DKSCRTPTTON (TAKKN FROM ARSTRAHT OF TTTr.K^ OF PRnPKPTY TO RK SUBDIVIDED: That part of the Southwest Quarter of Section 27, Township 118 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the intersection of the centerline of County 4<oad No. 6 the West ' ine of said Southwest Quarter; thence South along said West line to a point distant 1572.5 feet North from the Southwest corner thereof; thence East at right angles a distance of 324.5 feet; thence South at right angles a distance of 149.5 feet; thence V^est at right angles to the West line of said Southwest Quarter; thence South along said West lin^ a distance of 149.9 feet; t.hence East at right angles a distance of 324.5 feet; thence South at right angles to a point distant 825.00 feet North from the South line of said Southwest Quarter; thence East parallel with said South line to its intersection with the West line of the East 1091.94 feet of said Southwest Quarter; thence North along said West line a d ^nce of 1030.0''feet; thence F t a distance of 56 '"eet; line of i.'ounty Road No. 6; -es. the point of beginning. ce North to the center 4ong said center line to Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson ip From:Jeanne A. Mabusth, Building & Zoning Administrator Date:June 13r 1990 Subject:#1532 Fullerton Properties/ Inc./ 2225 Sixth Ave. N, ‘reliminary Subdivision - Continuation of Public Hearing Zoning District - R-IB Total Area - 36.8 acres Additional List of Exhibits Exhibit I - Cook Report 6/1/90 Exhibit J - CMP 7-15 Exhibit K - CMP Map 14 Exhibit L - Map of Septic & Building Locations Exhibit M - Grading & Drainage Plan Exhibit N - Revised Preliminary Plan Lot Configuration The DNR has staked the OHW for Dickey Lake at the 987' elevation. The Minnehaha Creek Watershed Distict has confirmed that this will also be the elevation of the flood plain. Note the water level of Dickey Lake is still at approximately 985+'. On the final plat Dickey Lake shall be shown at the 987' elevation and wetland area surrounding the 987' elevation as drainage easements. All lots meet the 2 acre dry contiguous area requirement as previously discussed at your May meeting. The shared lot line between 6 and 7 has been moved further north to open up the building and septic envelope for Lot 7. This has no impact on Lot 6 as the obvious building site and septic locations are to the extreme east of the lot. 0 Staff had originally approached the Planning Commission on the issue of a permanent conditional use permit for the installation of accessory structures on the through lots. Lots 1, 2, 4 and 5, Block 1. If this meets with the Planning Commission's approval it should also be noted that all of the pertinent sect’ons of the accessory structure code are applicable and that the following specific setbacks for ;the installation of accessory structures would be applicable; i-:u Zoning File #1532 June 13,1990 Page 2 Lot 1, Block 1 - setback 50' rear street setback, 50* side street Lot 2, Block 1-50' rear street setback Lot 4, Block 1-50' rear street setback Lot 5, Block 1 - 50' rear street setback In all cases no accessory structure shall be located in front of the front line of the principal residence. Septic In dealing with the DNR on the determination of the OHW for the plat, staff was reminded that Dickey Lake is classified as a natural environment lake requiring certain specific setbacks for structure and /ritic systems and although the City has not adopted the shoieJands regulations the City will be required to adopt such regulations within the next 2 to 3 years.Some members may h^:ve been on the Planning Commission when the North Stream Plat was approved.The question of special setbacks for Lydiard Lake classified as a natural environment lake were accepted by the City in the approval of the plat.The surveyor has been aixed to loCu :e the 200' setback from the OHW,987' elevation, for structures, and the 150' setback required for all septic systems.Note that Lots 9 and 10, Block 1 have alternate sites located less than 150' from the OHW.A third site has been selected within each of the lots as a potential alternate site located out of the 150' setback area.Technically the City cannot ask for the 150' setback at this time.The third site has been selected as a precaution for the future owner. Once the DNR shoreland regulations are adopted alternate Site 2 on both Lots 9 and 10 would not be permitted by the DNR.Gaffron has reported that he is satisfied with the septic results and mapping.His only concern is for Lot 8, Block 1.Upon a site inspection, we have observed a dry peat soil with an underlying layer of gray loam that may prove unacceptable for septic drainfield use. Gaffron will meet with the on-site septic evaluator who may have more experience and familiarity with this type of soil. Gaffron adds that the septic envelope can be moved in the proposed house location if necessary. He should be able to provide direction by the time of the Planning Commission meeting. Grading, Drainage and Road Plans There are no major changes in the grading plans originally proposed by applicant. Detention area is now located above the flood plain elevation within Lot 7. Grading limits have been defined within Lot 1, Block 2 and Lots 4 and 5 and Lots 7 and 8, Zoning File #1532 June 13, 1990 Page 3 Block 1 because of the proximity of septic envelopes adjacent to road outlots and proposed drainage improvemnts. The grading plan fails to define a swale between the shared lot lines of Lots 2 and 3, Block 2. Applicants representative should be asked to respond. A minimum drainage easement of 10 feet to each side of shared lot line shall be designated and dedicted between Lots 4 and 5, Block 1, Lots 7 and 8, Block 1 and Lots 2 and 3, Block 2. The detention pend within Lot 7 shall also be designated as a drainage easement. The City Engineer's report has asked for certain modifications in the engineering plans for the road to provide a flatter grade coming into the T intersection of the roadways (PUI at Station 8+00 move to 8 + 25). In that same report, the Engineer calls for a 40' right-of-way width from the center line of Willow Drive for the entire length of the plat. It is based on the directives set forth in the City's Comprehensive Plan. Review Exhibits J and K. Willow Drive is clasified as a minor arterial requiring a total 80' right-of-way width. In addition Cook notes that the drainage ditch along Willow Drive should also be altered in accordance with the City standards. James Cox Property Note the revised plan has excluded Jim Cox's 1 acre homestead property.An outlot has been shown surrounding the exception as originally shown in the Sketch Plan Review.Mr. Cox is not required to join in the plat by designating the entire land holding as a lot. Mr. Cox has been advised that the City must ask for the 7' of additional right-of-way from the outlot. Staff has met with Mr. Cox and he has advised that he would prefer that there be no additional right-of-way taken from the outlot. The City staff has advised that it would not be consistent if the City did not acquire the 7' of additional right-of-way and has agreed to execute a special agreement with Mr. Cox. Such agreement would have the City vacate the unused portion of dedicated right-of-way of Willow Drive pending final resolve of the upgrading of Willow Drive whether as a future County road or an upgraded City road based on MSA standards. During this ir.terim period the City would agree that it has no right to remove special plantings or improved lawn sections located in the newly dedicated right-of-way of 7|. It should also be noted that the outlot area, although designated as an outlot, may be used for the construction of residential accessory structures as outlot will be legally combined with the exception typical of all lot line rearrangements. All accessory structures would receive credit of the principal residence on the exception portion the property. The subdivision chapter requires that when outlots are created, the specific use of these outlots must be defined in the final resolution approving the plat. Pending resolve of the septic issue for Lot 8 staff finds the proposed 13 Zoning Pile #1532June 13, ’''90 Page 4 lot plat to satisfy all standards of the subdivision and on-site septic regulations of the City and grants a lot width variance to Lot 6, Block 1. Staff would recommend approval based on the following conditions: 1.To grant a permanent conditional use permit for accessory structure installations on Lots 1, 2, 4 and 5, Block 1 based on setback envelopes set forth above. 2.Park dedication br ,ad on previous fee schedule - plat filed April 1990 - $200 for 12 lots at $2400. Please note no charge for lot that contained former residents. 3.Execution of agreement with James Cox dealing with interim use of additional right-of-way of Willow Drive and eventual vacation of unused portion of additional right-of- way upon determination of final upgrade of Willow Drive whether by City based on MSA standard or as future County road. 4.Special designation of use of outlots. Outlet A - To be legally combined with the Jim Cox homestead property consistent with previous lot line subdvisions of lot line rearrangements. Upon legal combination applicant has right to construct accessory structure or usa for other permitted accessory uses. Outlet B - Designated for future road extension to the south. Outlet C - Interior road outlots to be constructed upon final plant approval. 5.Applicant to grant road and utility easements over Outlots B and C to the City. 6.Applicants to execute maintenance agreement to assure shared ownership and upkeep of private roads. 7.Applicant to grant drainage easements over all drainage easements shown on the plat. 8.Prior to any land alterations or road construction on this site, the following septic envelopes must be fenced: Lot 1, Block 2 - Septic envelopes 1 and 2 Lot 5, Block 1 - Septic envelope 1 Lot 8, Block 1 - Septic envelopes 1 and 2 To:Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Prom;Jeanne A. Mabusth, F lilding & Zoning Administrator Date:May 18,1990 Subject:#1532 Fullerton Properties, Inc., 2225 6th Avenue No Preliminary Subdivision - Public Hearing Zoning District ~ RR-IB Total Area - 36.8 acres 5.8 acres wetlands 31.0 acres d’'. Proposed plat of 13 lots Density Ratio = 1 unit per 2.3 acres dry buildable 1 unit per 2.8 acres total area Pertinent Ordinance - Chapter 11 - Class III subdivision List of Exhibits Exhibit A Exhibit B Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit -Application -Property Owners List -Plat Map -Cook's Report -Cook's Sketch -Grading - Drainage Plan -Engineering Plans for Road -Preliminary Plan Review of Preliminary Subdivision Application - The applicant has submitted a revised plan showing 13 rural lots, each achieving access via the interior plat road. All lots meet the required lot width to the rear of the 50' front yard setback.Note Lot 4, Block 2 and Lot 10, Block 1 satisfy the lot width off the outlet extension (Outlet A).The outlet adjacent to the original exception on the plat has now been combined as Lot 1, Block 2 (refer to Exhibit H).James Cox has joined in the subdivision application with Fullerton Properties.Existing structures on Lot 5, Block 1 are to be removed.The accessory structure on Lot 1, Block 1 is located 15' from the newly defined lot line and satisfies setbacks for accessory structures 750 to 1,000 s.f. in area.Lots 1,2,4 and 5,Block 1 are considered through lots.Based on the current code requirement,accessory structures will require conditional use approval.Since the intent of the code is to have such structures meet the required setback for principal structures adjacent to roadways.Would the Planning Commission consider granting a conditional use permit for accessory structures for each of the 4 lots if such structures meet the 50' setback from rear of street lot lines? Zoning File #1532 May 18,1990 Page 2 of 3 A future access corridor to the south has been shown and per Planning Conunission's directives, the northern corridor requested by the City Engineer has not been designated. The Hennepin County Department of Transportation will review the plat to determine if additional right-of-way will be sought for County Road 6. The City will ask for 7' of additional right-of-way along Willow Drive to be consistent with previous acquisitions along Willow Drive with other subdivisions. The Planning Commission may remember that Mr. Cox, the owner of Lot 1, Block 1, contested the issue of granting an additional 7' of right-of- way.Staff has not received any additional written material to support his position.Clearly, the City staff must ask for the right-of-way if Mr. Cox wishes to appeal to the Council he may do so. Staff would only request that he state his position in writing. The City will ask for underlying road and utility easements over Outlets A and B and the execution of maintenance covenants to insure regular maintenance and upkeep of road. Dickey Lake shall be designated at the 985.5' elevation. Staff met with the applicant out at the site and staked the perimeters of the adjacent wetlands to Dickey Lake.This area is shown on your preliminary plan defined as edge of wetlands.The applicant is in the process of preparing for the Minnehaha Creek Watershed District review.A copy of the preliminary grading and drainage plan is enclosed in your packets (Exhibit F).As these plans were just received (5/17/90), the City Engineer has not had adequate time to submit his review comments. The applicant has shown 2 road names for the 2 plat roads (Kings Run Drive and Cox Farm Road). Upon preliminary approval, applicant will be asked to provide additional road name choices for the formal road name review by the City. At this point in the review, staff is unable to provide a fina acommendation concerning the septic report submitted for prej.lary approval.Unfortunately,the rains have delayed diagram ing of septic locations on each property.In addition, Gaffron reports in the sections of the septic diagrams submitted, house sites have been shown at a minimal unrealistic size and septic drainfields have not been shown to their full size, nor will some meet the required setback from the lot line when fully shown.He has also noted that he may have to request a lot line change.Gaffron has recommended that we table action on the preliminary plan until he can make - final recommendation to the Planning Commission.He has advised that he will seek direction from the Commission concerning a need to realign the shared lot line between Lots 6 and 7 that would require approval of a lot width variance for Lot 6. ♦•^•T'rrr; VV;-*■•o *■-. .■'V'.'*r ■V-‘'». Zoning File #1532 May 18,1990 Page 3 of 3 Issues to be Resolved At This Point in the Preliialnary Review: 1.Final resolve of outstanding septic issues between staff and on-site septic evaluator. 2.Mr. Cox, as joint applicant, is asked to submit a written statement setting forth his objection to dedicating 7* additional for right-of-way of Willow Drive. 3.What is the Planning Commission's position regarding granting a conditional use permit for accessory structures if setback of 50' for principal structure is met? 4.Report from City Engineer on grading and drainage plan and engineering plans for road. 5.Schedule for removal of existing structures on Lot 5. 6.Other issues raised by Planning Commission. Planning Conmission Action - To table application #1532, providing both applicant and staff additional time to review final submittals and to schedule application for final action before Planning at their June 18th meeting. IV ■*.i V-v'.iV-“i/v ;r .l.i»'• ‘i r>: T»rt-j'■'■ CITY OP ORONO - SUBDIVISION APPLICATIO, PROPERTY LOCATION Site Address #1 *tN.^• \y ^ ■j)i/ riON ^ QrVv^f CITY OF crm^FimCE OfFICE Property Identification Number (P.I.D.)~ X'i2JJo,^ lii iESio coolPlease check one - Property V abstract or torrens? Attach legal description to application APPLICANT Name Pu( C CT9 rJ Phone (home) Phone (work)~ ^I ^ Address: )^V<-c 1*' .bo IlOO City:Ift^ip:2^ nwNii!ii f-lf different than aoolicant)Phone (home) Name Coy <^0-5 *S"\ivvC_oy Phone (work)1 ~ Address: |0>o |s .Vi il 0^^) Dft.City: UoiO*r Zip: 5‘S'S'C, (attach list if more than one)- -i V EXISTING LAND USB Number of Tax Parcels I Development Size t\-0 Acres Dry Land 5 -S -Acres Wet Land Acres Total, all parcels Present Use (check)Residential: no. of units Other (specify) Present Zoning District ^^ PROPOSAL _ _ _ _ _ _ _Division for Tax Purposes _ _ _ _ _ _Lot Line Rearrangement Only (no new building sites) Subdivision for New Bui’ding Sites Number of Building Sites: __^ % Proposed Gross Density: Minimum Lot Size: Proposed Use: (check) Existing Units New Units Total Units Units per ^7 Acres ^ AC4ir sq Feet Dry Buildable Land V.Residential Other (specify). MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1.Completed Application Form 2.Preliminary Plat information on Certificate of Survey. 3.Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348“3271)4.As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ 1. 2. 3. 4. 5. Payment of fees (park fees, filing fee, sewer and water assessments). Signed certificate of survey or mylar copies of formal plat. Title opinion. Easements, Covenants, etc. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete, Zoning Official's Signature__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Date__- - - - - - - - - - FEES Sketch Plan Review (Class I, II & III) Subdivision of a Lot Line Rearrangement Preliminary Review (Class I & II Subdivision) $150.00 250.00 250.00 Preliminary Review (Class III and all non-residential)300.00 + 20.00/Lot Final Plat Review (Class III) ♦(Plus any legal or engineering charges) 150.00* The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant's Signature DateOwner's Signature_ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ ___ _ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are 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 unabl». 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. •jj H Os S3 Mh N O V—m u (3 S -i I -J _i CO < < K ° N O O. S M M o oe < 1 Ik <e lA 2 S ii “r®o UJ Ul o < ^ae V) -J X o uasi UJ a. M > M M 4 -i M X M M t- X I )c aeo M•H (/) eo 7 r fk CM O ••<or-i eea N m o a s i= X UJ Z(0 > £ 4 lO UJ 35§ §l§ 0 Z -J S lAo < X m '^x‘“2x KS§S“z 1 -J X z £ (O M H < O •H Z t*) UJ I -> X M N-M o Z O X U. sO u. 3S o « '"<336 eo Sxo a lo a (A u lA jH a lA lo _i M a<: (M -J -I u I M -J M vO _ S£SSS£ f •^Sy.< X X O I- rHOXO> S o X u a z CO o O UJ o 3£X lA O lA Ut H> UJ X X $imt^l-l O _i -J UJ UJ ? ““bS rs. 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O K C 0 ^ l- M P M ZCM UJ 1 -I X CO < PrH W < •H UJ »!. “ M U» -» U> O M CO CM m o oc IJ 'O o m UJ S l- U) II UJ UJ K W -J UJ UI PSSiK CM ^ a oUJ 4 4 tu II I "· ,'· "' -... - I �-.. I � I •:. I 'c: I I :1 I I I ' I I I � � � - Q_; w :, �� "()' @) . .,,,--,----'- �/ '� I i' . -···•--......... l ... � / �� ,. . • .,.f -� . .,. � � =:P' Bonestroo Rosene Anderlik & Associates Engineers & Architects May 30, 1990 Otto G Booemxx PE. tiooen W ftotene. PE Joieph C Andettt. PE L Sorwju. PE P<n««a E Turner. PE J*mei C Otion. PE. Caenn R Coo*. PE Thomaj E Noy«. PE Hooen G ScJxjTKnt pe Suvm M Ebeon. C PA KMn A Godort PE. aen»d W Poser,PE. OonM C Burgjidt PE Jerry A Boudon.PE M*>*A PUmon.PE TW K.FieW.PE Micnjet T RiUTTvinn. P Roeert R PWMe,PE 0*vid O Los*ou.PE. Thomji W Peterjon.PE Micftjet C Lynm PE Jamn B Mj«rx>. PE Kermetn P Andersjn.PC Mark R.Ml.PE _ PTkkp J Caiwe*. P iwnaet Matww. PE Mark O PE Thortvil « Ardeoork AlA Gary F Ryiander.Pt Mkei a Jenien.PE. L PTiAp Gravel «.PE Pkjmaa A. a Rm^ AlCP Pwtnctv P£. A Encmon Leo M. PaM«Kky Hartan M Oijon '1 1890 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Ms. Jeanne Mabusth Re; File No. 139 - 1532 Fullerton Properties Kings Run Dear Jeanne, We have reviewed the grading plan for the Kings Run subdivision.The right-of- way for Willow Drive should be 40 feet along the entire length of the plat. The ditch along Willow Drive should be graded in accordance with City standards. Silt fencing should be shown on the grading plan. The PVI at Station 8+00 should be moved to 8+25 to provide a flatter grade coming into the tee intersection. The following is the bid secuc.vty required for the project: 5,000 Cu.yds Common excavation @ $2.00/cu.yd. 3,500 Ton Class 5 1002 crushed g $8.00/ton 650 Ton Bituminous surfacing § $22.00/ton 2 Acres Seeding w/4" topsoil & mulch g $1,000.00/Ac. $10,000.00 28,000.00 14,300.00 2.000.J10 $54,300.00 502 Increase 27.150.00 TOTAL BID SECURITY REQUIRED . . . . . . . . . . .$C1,450.3C Please contact this office if you have any questions. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Glenn R. Cook GRC:li WP51 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 COFFIN & GRONBERG. INC. SURVEYING. ENGINEERING AND LAND PLANNING 482-A TAMARACK AVENUE LONG LAKE. MINN. 55368 473.4141 June 11, 1990 J.M. Montgomery,Inc. Ron Quanbeck 545 Indian Mound Wayzata, MN 55391 Dear Ron: Concerning the KINGS RUN project per application No. 90-72 (now to be called SHADOWOOD FARM), the DNR has set the OHW eleva tion at 987.0. Dickey Lake overtops a berm at the creek outlet at 985.94 with a small 4 inch diameter pipe allowing water to run out at an invert elevation of 985.34. On lay 29, 1990, the water el evation was 985.89 or just below the berm, with some water flowing out the 4 inch pipe. These elevations are based on benchmarks used on two other plats on Dickey Lake, and our topography has been adjusted to match those benchmarks. Our earlier drawings were based on a U.S.G.S. benchmark by Orono High School used some years earlier, and gave us readings of 0.7 feet lower. Our proposed storage area is located outside of the floodplain.This is using the 987 elevation which is the higher of the two elevations you wanted to knov;,the OHW by the DNR and the lake outlet elevation. If there are any questions, please contact me. Sincerely, COFFIN & GRONBERG, INC. Mark S. Gronberg MSG/lh JUNE, 1980 TRANSPORTALIi^ '• f 1 R^f-oT-iAl is a qrade-separ a ted , high PBTOriPAL ARTERIAL A principal A^teri vehicles through an arterials have no local land use area, not within a near Orono is that portion of State access. The only = “a!“cess east of Orono’s eastern boundary Highway 12 that becomes limited access wit^ Wayzaea. Arterial is a con t rolled-access , -v...RMi;r)IATE ARTERIAL An Intermediate Arter between cities ;^.e7^1y high cavity h-ghway^designed^to^m^^^. and, i.. Orono* s situation, b metropolitan area. intersections out-state cities west of access is intended to be limited to are limited and , ^^"^j“nect access to residential properties, major traffic generators Arterial through Orono although many State Highway 12 “‘®^^^reristics are typical of a minor arterialaccess and intersection characteris or collector. «.T,or , ,.o„-o.-««r «on."" •1 is a controlled access, moderate capacity MINOR ARTERIAL A Minor \ „ithin planning subregions and street or highway designed to mo ^^^h Route is a minor between adjacent subregion .,;_axiy commuters and truck traffic, arte-ial functioning to move,,L ..,nto the urbanized areas of the western Lake —chann^is traffic away from the Twin Cities.The minor ^tterial r ^future, to Lake Minnetonka estate 494 in Plymouth.Land use access a direct intersection “tP*’ ^traffic generators and local street is intended to be limited to [“i^idual residences, intersections without direct access -o .CRISOICTION:HENNEPIN COUNTV OEPAPTMENT OP TRANSPORTATION ri"IoP-«AV WIOTHi MINIMUM SO EEET POR TWO LANE HICHWAV COLLECTOR A Collector orto'Ltrrsections streeTi and move it Locai land use access is permitted scop signs.Traffic usage is moderate. JURISDICTION:COUNTY OR CITY RIGHT-OF-WAY WIDTH:60-66 FEET CMP 7-15 ^7'IT'tT 5 S y UJ cC UJ O UJ O ^ Z *-3 I— _J UJ <C Z •-♦ Os: •-• s: o oo :Vft' ‘■I'.Pj \ :7 ' - / /\K/ rr-7» •.'. iJ-^':^r;^v:>?'.vV-//' K HENNEPIN May 28, 1990 DEPARTMENT OF PUBUC WORKS Engineering Division 320 Washington Ave, South Hopkins, Minnesota 55343-8468 Phone; (612)935-3381 Mike Reiter Bruce PolaczyV Steve Theis George Glassc iMenson fcelt.'-C Ms. Jeanne Mabusth Building & Zoning Administrator City of Orono P. 0. Box 66 Crystal Bay, MN 55323 Dear Ms. Mabusth: 'S3SS0 RE:Proposed Plat - Kings Run on Dickey Lake CSAH 6, Southeast quadrant of Willow Drive Section 27,Township 118,Range 23 Hennepin County Plat No. 1838 Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and make the following comments: -For future Improvements to this segment of CSAH 6 the developer should dedicate an additional 10 feet of right of way making the right of way 50 feet from the center of CSAH 6. -For the future extension of County Road 116 to TH 12, the developer should dedicate the additional 7 feet of right of way shown along Willow Drive from CSAH 6 to Outlot B Intersection with Willow Drive. -Since this segment of Willow Drive will become part of the Hennepin County roadway system upon completion of the proposed County Road 116 extension south of TH 55, we reviewed the proposed Intersection of Outlot B with Willow Drive. This proposed location, approximately 300 feet south of CSAH 6, Is acceptable to Hennepin County. -All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This Includes, but not limited to, drainage and utility construction, trail development, and landscaping. Contact our Operations Division for utility permit forms. -The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Welgelt. f^cerely.,I , - \ -KJ- au L Dennis L. Hansen, P.E. Transportation Planning Engineer 0LH/LDW:lw HENNEPIN COUNTY on equal opportunity empJover Mayor Grabek & Orono Council MembersPlanning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson 7ccuncil MEETiltG , , ,JUL 01990Jeanne A. Mabusth, Building & Zoning Administrator June 13, 1990 CITY OF OROKO Froa: Date: Subject: #1537 Calvin Presbyterian Church, 177 Glendale Dr. - Conditional Use Permit - Public Hearing Pertinent Ordinance- Section 10.28, Subdivision 3 (A): Conditional Use Permit required for construction of storage/garage detached structure. Structure must be located 50' from surrounding residential lot lines. Required Proposed 100+* from all residential lot lines List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Application Property Owners List Plat Map Menard's Spec Sheet Elevations Survei Review of Current Application - The Church proposes construction of a detached storage/garage structure for the exclusive use of the Church. The structure measures 24' x 24' and will be at a maximum height of 12'.The structure shall be placed at the edge of the Church parking lot as noted above.The structure will be located 100+' from all residential let lines. The City has received no comments from adjacent neighbors.Staff recommends approval of the proposed structure for Calvin Presbyterian Church finding proposal meets all standards of Section 10.28, Subdivision 3 (A)and pertinent sections of the accessory structure ordinance. Zoning File #1537 Page 2 June 29, 1990 Additional Coanents and Planning Commission Recommendation - The Planning Commission voted unanimously to approve the conditional use permit for Calvin Presbyterian Church. Enclosed approval resolution has been drafted for Council's review and action. A RESOLUTION GRANTING A CONDTIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 3 (A) PILE #1537 WHEREAS, Calvin Presbyterian Church (hereinafter "the applicant") owns the property located at 177 Glendale Drive, located within the City of Crono (hereinafter "City") and legally described in Exhibit A, attached (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit to permit the construction of a detached storage/garage, 24'x24', per Municipal Zoning Code Section 10.28, Subdivision 3 (A). NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1.This application was reviewed as Zoning File #1537. 2.The property is located in the RR-IB Rural Residential Zoning District requiring 2 acres of dry contiguous area. The subject property consists of approximately 7.27 acres. 3.On June 18, 1990, the Orono Planning Commission reviewed the application as proposed and recommended approval based on the following findings; A)The structure will be located lOO'-f from all residential lot lines. The ordinance requires a 50' setback. B)The placement of the structure will not result in the loss of existing parking area but will be placed to the south of the existing paved area. C)The structure will be placed in an area that contains existing mature plantings and will provide natural screening to the adjacent residential properties. Page 1 of 3 4.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. 5.The City Council finds that granting a conditional use permit to allow the construction of a detached structure 24'x24' will not be be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.28, Subdivision 3 (A) to permit the construction of a 24'x24' detached garage/storage structure at an approximate height of 12', subject to the following conditions: 1.Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised bj obtaining a building permit within one year of the date of Council approval or the special conditions of this resolution will expire on that date (July 9, 1991). 2.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3.The undersigned representative of Calvin Presbyterian Church has read, understood and hereby agrees to the terms of this resolution and on behalf of the Church its successors and assigns, hereby agrees to the recordino of this resolution in the chain of title of the property. Page 2 of 3 July, 1990 ATTEST: Adopted by the Orono City Council on this 9th Jay of Dorothy M, Hallin, City Clerk James R. Grabek, Mayor Representative of Calvin Presbyterian Church STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of July, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this ) ) ss. ) day of 199 before me a Notary Public within and for said county, personalTy appeared_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, a representative of Calvin Presbyterian Church, known to rr^: 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 3 of 3 EXHIBIT A fmrt of th* followlnf-described property lying South of q line vhlch la porullel to the !!!!! liiiSiilSlili thereof . Tract B""m that part of the Southwest I/4 of Section 3/., flUK, H23W, deacrU-sd as fellows: Coraencing at a point on the West line of aforesaid Southwest 1/4 a distance ef 1018.S75 feet (61-3/4 rods) South of the iKjrthwest comer thereof; thence East and parallel with the North lln- of seld Southwest I/4 a distance of 214 feet (12 rods, 16 feet) to ® said point being the true point of begLrrlrr of the pror-rtv being descrlborf; thence continuing &at J" less, to the true point of beginning. Tract C Lot 1, Block 1, Belle Aire Entetes F-r.rrnrr-ment. CITY OP ORONO - GENERAL LAND PROPERTY LOCATION iSZlff^ (j APfitCATIOS 1 z/' / ' ^WU A%j%jv»L\/\/\fvyf n 01 St?.' 150.00 Site Address /77 /> /^r./ a. ^ A ^ Property Identification Number (P.I.D.)//y'-^ 3 ^ /^OY) j Please attach legal description to application if not included on required survey. APPLICANT Name —- Phone (home) Phone (work) Address City Zip OWNER (if different than applicant)Phone (home) Neune(^^//j^.^Phone Address /7 7 CDr^City /aSSTC, Date Property Acquired (month/year) I (do)(do not) also own the adjacent parcels of land. PEES - CONDITIONAL USE PERMITS - Renewal Fee - 1/2 Current Fee After-the-Fact Fee -.Double Current Application Fee __ _ _$ 50.00 For each variance request with CUP application _ _ _ _$125.00 Residential accessory Use X.$150.00 Institutional (church, school, etc.) _ _ _ _$150.00 Guest House/Guest Apartments _ _ _ _$150.00 Duplex Credit/Bldg _ _ _ _$250.00 Commercial/Industrial Use _ _ _ _$200.00 Land Alteration _ _ _Grading and filling - designated wetland or floodplain _ _ _Grading and filling - 101 cu. yd. or more _ _ _Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS _ _ _ _$200.00 Commercial Site Plan Review (+ consultant fees) _ _ _ _$250.00 Vacation _____ $175.00 Easement Vacation _ _ _ _$ 50.00 Easement Vacation With Subdivision _ _ _ _$250.00 Rezoning (PUD - refer to fee schedule) _ _ _ _$100.00 Appeals ■Other - see fee schedule : 1 PRESENT USE OP PROPERTYPresent Zoning District Present Use of Property CA urcA Residential Other (specify) DESCRIPTION OP REQUEST Describe^request in detail:j^cribe^: T-aeLA / REQUIRED SUBMITTALS 1.Completed Application Form. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271). V 3..Plat Map. 4.^rtificate of survey (signed by a licensed surveyor). 5.Topographic survey (existing and proposed contours)if land alterations involve changes in elevation (grades). 6.Construction plan,if applicable (see staff for requirements). 7.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 OP LARGE DOCUMENTS OR A WORKING COPY (ll'* X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/]\er )yiowledge. 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'81.01 .4 <v. 33 f?ijiQi "!ffT <»> Ml. 19 S (7) 8 -&8J id>. 1 *I38.4J . *« (11)s 1 * 2 (6) - •40.3'139.74 Mi.iiS 3 z [ A1A£ i.;- s (10) 5 (9);: J' I.'O 91 i.-o *5 '.i 1^1.66 j ____14?. 85 SIASSAHC '45. 18 s' ui. — <: J 10 (15) : 1??. 1? 1 J ( 14) ,i4?.ea ■?o :: :2HT(42)s 144 0< 144.01 , 3 o ' (20)9 145.35 4 O 2 (21)9 IA8 146.69 k(22) O S 144.03 (23) o 9 149.37 1 ^ 7 O s / 150.71 % 301.?8 tsaiaasE© Do-It-Yourself Step-By-Step Garage yy Construction Z) 10 Easy Steps to Do-It-Yourself Garage Construction step 1 Consult local building code requiremen'.s tor concrete slab on grade specifications. Step 2 Lay out perimeter of garage using string 'ine and batterboards (see figure 1). Set concrete forms, check lor level and squareness. Place reinforcing mesh and other reinforcement as may be required. Pour, strike and float finish concrete slab. Place anchor bolts into slab with 3‘ of thread projecting from slab. Place m 1-3/4 ' from edge of slab, r from each corner and wall opening, then approximately every 4' on center. (See figure 1). Step 3 Frame walls (see iiugres 2.3 & 4). Note the first stud space in each detail to allow 4’ sheathing joints to fall on studs. Service door and window place ment should oe determined prior to starting to build. (See figure 5) Oil : a « r«9 CaltntfT«9 Te. Om« $.«9 w«:ii I Tifitt* i • ■ tm. »Klt >• 4 f r>.cgl tlw4l' *1 U" • c lien *nc!>0> Buiti ^ ArounO ^^ Fnjuf*? I FOUMDATlOri & 5LAB LAYOUT ).» J- •• A;l«. , wa » Tap T§0»i 2 t 4 Tap ^a'9 S as;#' Figurt 7 TYPICAL SIDE WALL FRAMING Obt. 2 a 4 Tap Pf4ia lAiwiaiai k> Caiand Top b»a«a J To AU0« 0«tfi«p of Platt CnioS«da Wa>i SaaPig.i iT 2* 2 a t2 Haadat t2*l/2-,^' til. At 1>*Cac*» (Tra*<40< .Lit 2 f 4 SbaiHdar Sivg 2 a 4 Paa-cut Siwd Ttaaifd 2 a 4 itm. Plata lata^d S*>ta<r»>ap Ctta C^d Siwd 2«t>2 ‘ To A 'a« Ca»«a» r# Saa r.p I figutt 2 END WALL FflAMlNG (REAR) 0»»« ■ O Utog i»tt t guildl..; wltflK Wlnui f_______ Flguft 4 END WALL FRAMING (FRONT) !»••/€ C4Ch(T»p«4l| —=-n* » • 4 C»P|>I>| U«tf H«. } . } • t Oo« 2 t 4 ShOMida* Siwda each Stdatn 0 1.1/2*1 Cap Wau Tap Ptaia 4 lAaaiMAf T'tA I a I •* Waia>4oa«d g Co*Aa« dtaca Figuft S TYPICAL DOOR & V/INDOW FRAMING Figura € TYPICAL CORNER ASSEMBLY step 4 RAFTERS: Cut birdsmouth and overhang from one end. determine ratter length and cut top angle (see ligure 7). -CHECK FIT • Use as a pattern mark and cut balance of ratters. Set ratters at le" on center. Install ratter lies at 4' on center. (See figure 8). 1 > 8 Rtdgvboardf 2 I 6 Rafter Al 16“ o/c Each (Sea Fig. 8 For End Cut Details) 20’ And Wider Uses 2x6 2x4 Rafter Ties Al 4'o/cEach.(Garages iUnder 20 ) l2 X 6 Ratter Ties Req'd On Garages 20' And Wider Figure 8 ROOF FRAMING DETAIL TRUSSES: Set trusses at 2' on center and brace. Install lateral braces (see figure 9) and trim tails to 1 Figure 9 ROOF TRUSS (OPTIONAL) step 5 Making certain trusses or rafters are plumb and square, apply roof sheathing. Be sure to stagger end joints at least two rafter or truss spaces. Follow edge and end joint spacing recommendations as stamped on sheathing (see figure 8). Step 6 Install garage door, window and service door accord ing to manufacturer ’s directions. Apply soffit and facia (see figure 11). Step 7 Apply garage door jamb, stop and brick mould. (See figure 10). Step 8 Apply roof felt. galv. d - edge and shingles according to manufacturer's directions. Apply soffit and facia (see figure 11). Step 9 Apply siding according to manufacturer s directions. Paint or stain siding, soffit, facia and doors. Sidmg ExI. Sheathing Brick Mould 1x6 Jamb 1 X 4 Slop 2X4 (Flat) Gable End Stud Obi. Top Plate 2-2x12 Header With 1-1/2Spacer Board Garage Ooor HEAD DETAIL 2x4 Shoulder Stud 2x4 Stud-I Garage Ooor Ext. Sheathing ' Siding. Figure 10 JAMB DETAIL Shingles 1/4 AC Plywood Sollll Dbl. 2-X4 Top Plate 7/16 X 12- Lap Siding 1/2" Insulated Sheathing 2x4 Pre-cut Stud At 16" o/c Each Treated 2x4 Btm. Plate Anchor Bolts At 4' o/c Each Figure 11 TYPICAL WALL SECTION Step 10 Sit back and relax knowing yjur vehicles and belongings are securely protected by your new mcnard garage and you did-it-yourself! me. \m .Mi Iran o'""''*»"• '»«'•«"O'*'***"'** ■•nuiaiiont And tBKilicilioni ol mjittnit UU4 10 :onjiiuci *ou "«• gi'JQi ""o jnii/t lixi i>0 mutl *i lixx own nt> «no jit *<^o'r conttouomioi iAc4tnui toocioi o< otMiaiio wiKB tw» i«wn lion ioiw*>"C •’»»«« " roumins N HARMON CONTRACT GLAZING, INC. Major Project Group ^ 9009 Pinehill Lane Suite 200 Houston. TX 77041 713-939-7^38 ‘SThrei‘ie ^y-r CLalO'i^ Pre$^uTtfria>^ SH-0 o __L w-.,..* V N 4 rrV I 2 D o o *• . ! •.' ’v \rt ■. •t . •.. ■*? A ■'t '•••••• ' *• ■ •••■.I • ..X,;: i •’V--‘1 - -' *'■■■ Wl W C*ir at 3WXt3ac31' TIltNftttVl/ f 2 ¥ CV.v.l. A.icV«at U>ii«v OMaLr^li^r n ■;\ i'ur t&« Co1«1q iTubytwlu* ChurebIn tbn SoutbwMt quarter . of Snctloo 34i 7118M, ■- . - . - V . /.V ... T.. ‘V • V ; X-. ; ' Seeiei ■ 1* • lOOlV V Ibt«r .'lky»,19S9 - 0,1 .Iran Barker ' ‘i.- i ,<■ . .. ; ■;. V... ..v\. XT^V- -*•.*•. -■/•■' J7 -: ^ (a .-o-i ^ I r •t '•■•.%*•■-\••<.'■■••" ..•■..■■•'■•,*■.■........................-■' . • .• ■ v-Ar-^.v' v. -A- el •'r< .It; £1 -. • * •. r- ’•" >''■■■ IJ-. -J < -. a o »- d afe ■ y ■:i:. ■••irv i ^ ■«•-.. V-- * 4 - X *'•-*«'■ ■: f\ . ■■:■ :a-V- --■—1.. .! -I:'. 2 uJ J ^CJ . •• • ■ .• •ri ■ ^ ••■ A •■:.r / . f.r ■ •' A'' A 'X' / A-'A A . "•••.••- ;:a-'.v- aC •:/.;> a: cl . ';-C. y ..' \ -•: 1 :..,L'->:.-iK:;..;.■■.'■'■V-::;V.; rnpreaantetion of‘« survey of the bouthlerles of the . -I A ,-.,u ,... •■ Uiro..tracts (iescrllxvj bilou,end of.the locotlonor ell.bulldlnc;*thereon,and eirvialbie eneroecheente/'C. '.1 -' ’ If.any,fron or on said lend..'..'‘r ■'r*'•■,''•■••■•'^*.■.•'•.'.'...........................' V-- '•».(».•■ . r.M M 1asi_a -v-.v.. ■••■.... ,. .'-V All that pert of the followtnp^escrlbed property lylnf 3outh of e line which le coralInl I'tf tke ; Southwest 1/4 of Section 34,.TliaN, B23U, and whloh p- -- - - -- - - -'- •187h»0 feet North of the* Southwaet< conisr thereof j t •'•Mlufe 1S76^reet:Nortb of the Souihuaet coruer-ofaeid Southwest 1/4| thenee.South ale«« said, bbel lire i# ■ Mitf'* 61-3/4 rode South of the Northwest comer of said Southwest l/4j thenee Cast 42 rods! thMe iWtIi t# UM eai^ «< 1n>nB-«nnt 4 aeae eat*W ^ 14...^ ^..6 ... 1*. .A ..t .. r.ek.^. S-e. _aa .. e. • ~ le ^ *aaa. «_i ; V' l i;«px« 4 ilcan; oi.je;siM,i;j ?•■ A-' ,r_. . . , ■ . thence Isst and parallel with the North line of'Said Southwest 1/4 e'dlstsnee'oC.214 reek <12 rode/16 fMlf* 4 ., reec; Mrs or leas, to e point which la dll.feet North of the Souttrllne ■-ITfirnir l/f’/niertd^ tbo Mart, line of said Sautbweei>l/4| thnnea West and perallol with the nforeseid South line'321^23V feel ........... r .. v'--. tmiimcS — -.uvi»:.a- id lasAhweat l/4» tbenee North end parallel with the West line of ssld Southwest 1/* a distenea 6f 810.9> fuSkt heM M>^ less, i* the true point of beflnnli^. •.. a'. .y.r'A" •*•• :V ■*• Blo6k 1, Batin'Aire Eutatna Rearranp<uient. I-V-*. -VCv.:*Ve*>-** • t.,*.V,:J ■ y.v- •■».*;> ‘•.'S; ■; v'.-' >•■/.... -V rr:aA;' ..ACA-aa:--A' ' From: Date: Subject: cGum mEim J'JL 9 1990 Jeanne A. Mabusth, Building & Zoning Admi^isbraijo^.^Q^lQ Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson June 12,1990 #1538 Lauren Born, 1432 Shoreline Drive - Variances - Public Hearing Zoning District - LR-IA Pertinent Ordinance - Section 10.22, Subdivision proposed lakeside deck. Required = 75' Proposed = 34' Variance =41' or 54.6% (review Exhibit 1 - Lakeshore setback for Section 10.22, Subdivision 2 - Hardcover variance required for proposed deck located within 0-75' setback area. A)0-75' Setback Area = 9,267 s.f. No Hardcover Allowed Approved Hardcover w/Application #1350 = 1,973 s.f. or 21% (review Exhibit K) Proposed w/Current Application = 2,135.6 s.f. or 23% (review Exhibit L) B)75-250' Setback Area = 3,929 s.f. Allowed = 982.25 s.f. or 25% Approved Hardcover w/Application #1350 = 628 s.f. or 16% (review Exhibit K) Hardcover Proposed w/Current Application = 735 s.f. or 18.7% (review Exhibit L) Increase in Hardcover = 107 s.f. resulting from Hennepin County DOT request to realign access to property because of safety concerns List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit F G H I J K L M Exhibit N - Exhibit 0 - Exhibit P - Application Property Owners List Plat Map Resolution #2552 Floor Plan Approved with Application #1350 Proposed First Floor (Application #1350) Total Floor Plan Scheme (Application #1350) Lakeside Elevations (Application #1350) Street Side Elevations (Application #1350) Former Hardcover (prior to Application #1350) Hardcover Approved with Application #1350 Hardcover Proposed with Application #1538 Hennepin County Department of Transportation Permit Deck Plans Approved with Building Permit Elevations with Building Permit Building Permit/Check Off List Zoning File #1538June12,1990 Page 2 of 3 Review of Application - On December of 1989, the applicant received approvals for a lot line rearrangement and variances for a proposed addition to the existing residence. The additional areas resulting from the lot line rearrangement with the property to the immediate north resulted in approved hardcover findings. In fact, hardcover was reduced by 6% in both setback areas (refer to Exhibits J & K). The applicant now seeks variance approval for a lakeside deck of approximately 10x12' with a 4x4’ stair structure. At the time the building permit was issued in May 1989, the applicant had revised plans showing a 13x12' deck to the lakeside of the new addition.Please review Exhibits G & H, note the plans approved by the City with Application #1350 never requested nor designated a lakeside deck.Applicant claims that a building permit was issued for a 13x12' deck.Staff has confirmed that the permit did include the the deck structure (refer to Exhibits N, 0 & P). Note the hardcover facts recorded in Exhibit P, the check list, did not reflect the additional hardcover resulting from the proposed deck. The zoning review failed to record encroachment into the 75' setback area and the additional hardcover. Please note that this deck has not been constructed. The applicant now proposes a 10'xl2' deck to the rear of the existing portion of the structure.Neither elevations or plans have been submitted for this current proposal.Staff has advised the applicant of the extreme difficultly in now obtaining approval for this additional improvement. Based on the elevations submitted for the existing structure with Application #1350 (review Exhibit H), it would appear that a simple stair structure would provide access to the lakeshore yard. At least a simple step structure from the older section of the residence was proposed with Application #1350 (review Exhibit H). The increase in hardcover within in the 75-250' area would bring total hardcover up to 735 s.f. or 18.7%, an increase of 2.7%. As noted above, this increase results from the driveway relocation requested by the County for safety reasons. Technically, this does not require variance approval, but the fact that hardcover was maintained at 16% was a positive finding to be made in approving the hardcover variances in the 0-75 setback area. In the original application (#1350) the acquisition of additional land resulted in overall reductions in hardcover in both setback areas. The current proposal shows an increase in the 0-75' setback area of 2% and 2.7% in the 75-250' setback area. Zoning File #1538June 12, 1990 Page 3 of 3 Options of Action - A)Denial. Allow a simple step/stair structure to provide access to the lakeshore yard resulting in no more than 16 s.f. additional hardcover within the 0-75' setback area; or Approval of a limited deck and access stair structure as building permit was issued to applicant on the basis of an access being provided via a deck a:^ access stairs. Limithardcover improvement to 60 s.f. - liurdcover at 21.9% or less; or Approval as proposed by applicant. Additional Coi July 3, 1990 ints and Planning Commission Recommendation - The Planning Commission recommended approval of a stairway from the main floor to grade level at the lakeside of the existing residence. Staff would recommend limiting a landing to 4'x4' with steps at a 9" maximum depth at a 4' width. Mr. Born has been asked to submit additional information to support his position. He still asks Council to consider his request for a deck 10*xl2', with a staircase 4'x4' at approximate total hardcover of 136 s.f. Planning Commission's recommendation as amended by staff would limit hardcover to a total 50' s.f. of hardcover increase. Council Action - To provide conceptual direction to staff so that an appropriate resolution can be drafted for Council's review and action at their July 23rd meeting. ’'pplicant has also been advised by staff to correct the erosion problems noted by the Planning Commission at their June meeting. Staff can confirm that applicant has been able to complete sodding of entire disturbed area created with new construction. Applicant has provided photos of lake and street yards for Council's review. CITY OP ORONO - VARIANCE APPLICATION # f ^ iP .J, Initial Application Fee $175.00 ($50.00 per each additional variance Renewal Variance Fee $100.00 (no change froir original application) After-the-Fact Fees (Double application fee) PROPERTY LOCATION I l)^ ^/_ _ _ Q )•V. O'•i Site Address Property Identification Number (P.I.D.) CITY OF u&L'rAi.->M~L' nccrrcI ut I AWi. 1350200000 #()V rcij 17^. 00VX cult lW II 175.00 VtCEIPT-THTi^K YOU ^ P179410 cool Attach legal description to application if not included on required survey. APPLICANT Name Phone (home) ^ Phone (wor)c) ^£<SL.r'vy^.^ Address; / 3 Cityr^j \/ia A Zip: ^ OWNER (if different than applicant) Name _ _ _ __ _ _ s;Phone (home)_ _ _ Phone (worJc) Address:City:.Zip: Date Property Acquired (month/year) I (do)(do not) also own the adjacent parcels of land PRESENT DSE OP PROPERTY Present Zoning District _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ ___ _ Present Use of Property Sy^o-v>o52^ _ _ _ _ __Other (specify) Residential DESCRIPTION OP REQUEST Estimated Construction Cost $ UC> O Describe request in detail: /0 X /^ ^ ^ -----------------— VARIANCES REQUIRED _ _ _Lot Area Setbacic Variances ( Other Lot Width Front _ _Hardcover Side _ _Rear) HARDSHIPDescribe undue hardship or practical difficulty resulting from strictenforcement of zoning regulations;_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OP ONUSOAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ to include REQUIRED SUBMITTALS 1.Completed Applicatibn Form 2.Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3.Plat Map (obtained with property owners list). 4.Certificate of survey (signed by a licensed surveyor) hardcover calculations as required. 5.Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed, 6.Sketches or plans of floor and elevation views. 7.As an addendum to this application,please attach a separate list of any other persons you wish notified of this application. 8.Additional items as may be requested by City staff. YOU ARB REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR A WORKING COPY (11" X 17“ OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. 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. Certification by Clerical Department that Variance Application is complete. Initialed by Clerical StaffDate_ _ _ _ _ _ _ _ _ _ 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^est of his/her knowledge. _ _ _DateV?2ACA Cj OWNERS SIGNATURE Applicant's Signature (7^x x ^'K V The owner hereby ackowledges and agrees to bis application and further authorizes reasonable entry onto the property by City staff,consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this requ Owner's Signature ( It. \k Date Applicant must have all submittals into the City offices 25 days oefore 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. ci:)_ Al.ti DATE 09/20/88 BATCH 004 PROP ADDR OWNER NAMETAXPAYER NAME/ADOR PROP AOOR OWHER NAMETAXPAYER NAt1E/AOOR PROP ADDR OWNER Hlt1E 38 11-117-?l 22 000401440 SHORELINE DR JAMES P RIVERS ETAL JAMES P RIVERS 1444 SHORELIUE OR WAYZATA tfl 55391 38 11-117-23 22 0010 00038 ADDRESS UNASSIGNEDJP & t1 A RIVERS JAMES P & HARY A RIVERS1444 SUORELIUE DR WAYZATA tfl 55391 TAXPAYER TOTAL BATCH 004 00006 HAt1E1AODR � � � - -� HEmE PIH CCXMT f PROPERTY IHFOAt1ATION SYSTEttPROPERTY OWNERS LIST 38 11-117-23 22 000501442 StlORELIUE DR JANES P RIVERS ETAL JAMES P RIVERS 1444 SIIORELINE OR WAYZATA MN 55391 38 11-117-23 22 001101432 StlORELitlE OR LAUREU E BORH ET Al LAUR EN E BORH 1432 SHORELINE OR WAYZATA NH 55391 REPORT NO. PI435401 38 11-117-23 22 000601444 SHORELINE DR JP l HA RIVERS PAGE 9 JAMES P & t1ARY A RIVERS1444 SHORELINE DR WAYZATA t1N 55391 38 11-117-21 22 001201420 SHORELINE DR D & B HALPER DAVID W HALPER 1420 SHORELINE DR WAYZATA t1N 55391 I CERTIFY lHAT THE FACTS REPRESEttTEO ARE AH ACCURATE ANO TRUE REPRESEHTATIOtl OF IUFORMATIOH AS IT APPEARS THIS DATE ON THE RECORDSOF THE tlEIUIEPIN COUNTY DEPARTMEtH OF PROPERTY TAXATIOH, TO THE BEST OF MY KtlOMLEDGE ANO BELIEF. /ik.f> � DAT� lr11 I Q/2 BY ___ ICII ......... ---�1 -�---- 22 V*- ;.:-^rr -. ‘ • V. ■-• “ - . X/ -- -. •<■• .-••,• .-•.■-is;-. .7*^ - ^...... '•■-{I- ' t'W' ^•‘.WrJ~^VrcIS»ir. . •3-A O U-< \ -GFTY- - OF OROWa City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2552__________ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1, SECTION 10.23, SUBDIVISION 6 (B), AND SECTION 10.22, SUBDIVISION 2 PILE #1350 WHEREAS -aren and Joyce Born (hereinafter "the applicants") are the owners of the property located at 1420 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: See Exhibit A attached, (hereinafter "the property");and WHEREAS, the applicants have applied to the City for variances to the Municipal Zoning Code to permit the construction of an addition to the existing residence requiring a side setbac)c variance at a 24 8 setback where 30' is required [Section 10.23, Subdivision 6 (B)], a lakeshore setback variance at 17' where a 75' setback is required [Section 10.22, Subdivision 1], and a hardcover variance for new construction within the 0- 75' setback area resulting in 1,973 s.f. or 21% of hardcover where 2,563 s.f. or 27% hardcover exists and where none is allowed [Section 10.22, Subdivision 2]... ,^NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1.This application was reviewed as Zoning File #1350. 2. The property is located in the LR-IA Single Family Lakeshore Residential .’loning District requiring 2 acres of area. 3.The property consists of 13,196 s.f. or .3 acres. 4.The Orono Planning Commission reviewed the variance application on November 21, 1988, and recommended approval of the proposed variances based upon the following findings: A)The applicants have acquired additional area adjacent to their property in order to enlarge their severely lihvited property. Page 1 of 4 CVTY - OF QRONQ D-City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2552__________ B)In reviewing the hardcover facts, the applicants have reduced hardcover within the 0-75' and 75-250' setback zones with the proposed improvement on the property: 0-75' Reduction of 6% 75-250' Reduction of 6% C)The major addition to the existing structure will provide no visual impact for the surrounding residential property because of the location of the residential structure to the south and the higher elevations of the property to the north. D)The removal of major concrete areas on the property and replacing it with grass will provide a greater absorptive surface for the run—off received from the north property and the property to the south with excessive hardcover. 5.The City Council has consideied this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. 6.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 subsnannia1 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 a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) granting a 5'2" or 17% side setback variance; per Section 10.22, Subdivision 1 grants a lakeshore setback variance of 58' or 77%; and per Section 10.22, Subdivision 2 grants a hardcover variance within the 0-75' lakeshore protected area of 1,973 s.f. or 21% for a proposed addition to the existing structure, subject to the following conditions: 1.Applicants must obtain a permit from the County Highway Department for the creation of a new curb cut. Page 2 of 4 CITY OF ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2552 2.All hardcover scheduled for removal must be removed prior to the final inspection by the Orono Inspection Department for the new construction. 3.Applicants are placed on notice that if the existing privacy fence is to be removed as a result of this construction, that the relocation of the existing fence or any proposal to install a new fence ^il]- require City approval for fence sections located within the 0-/5 lakeshore protected area. 4.Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (December 12, 1989 ). 5.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. 6.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 4 CITY OF ORONO On this / V City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2552__________ D.-l STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) day of 198^ UU t.UJL£> '■«- before me, a Notary Public within and for said county, personally aopearec^-rri^y?known to me to be the person(s) descifibed in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. R.QERHARDSON ' rUMJC*M<NNESOTA a / ^ > t'l NOTARY PUBLIC /<3 Ai’/^P9 MY COMMISSION EXPIRES STATE OF MINNESOTA ) On this / ^ ) ss. COUNTY OF HENNEPIN ) day of 198 , before me ,a Notary Pybiiic within and for said County,personally appeared^a NotajvPubl: T ne»rson(s ) desc _ _ _ _ _ _ _ _ __kuowtt to mc 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. m&.%sss!!tis&i§}i ----^ NOmRY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 ^ . . <N lD in oj 3t zo M E-* D O COw Di luo 0> U 0) £ 10 •a HI•o Wi 0 U 01u 0) £ 4J o Jj CBc •D i4 O Uo A >« u.zoo< T? ® ■**^^10 CO x: Ot ^^ ID iw x: « o» _ 3 c•^^ucfinos ti4 1 O V c/3 O e o e M Q> BJ 01 O • C *U bi 0/ Xi *» •v •*4 «» > V4 9 U •H « •H t» ^ <0 «d 10 ^ W»4 9 U u U 4j*a o<43aifiO(00>4> o/«oiM*a«a>u •Mtjxmm 2!"oc« 3 J lO 2 c « *> 43 o — w •* (oxiTJ *0 ®x:a'Mf-i o»*o 0) c»®>**-sco c*^ X<030MMC CO^WOOO/-HW roioas«^aiZ43^gi N 0*0 0»OC>.CT 43UJ UOO •. •tMX30«o<a043c X300 —•C/3'^|J'**W 43 «0 U « 5 )4 0)UC033«mV)4JX37 i/> o <<3 x: 0)O O) •H IM O **4 43 x:o CO 43 (M o 44 U CO U O O 2 O O 0)IS 1-3 x: 'o 0) 0) r-js 0) ^i4 r-« 43 CO CO ^ >o 0)£ ox:^ x: u E w a > 43 *o c c x: u 0) x: E . ♦'« > <w CO W. X. *-1 >43 a o 0)o > lU 43 44 c o o O to 0 43 t-i c 0)»H TJ l4 _ o O (U u • r-i 0)o O)• 14 lO C i3 44 o (0 3 0 E *a o.0) -—4 l) ^ 43 10 x: 0) 0) 0)cfl 0)x: x: 0)43 43; !•Q 3 > O. *-4 CO 44 44 k4 <.<*4 n (0 to o o. > 1 i ryi 43 to c 44,•c 43 43 14 ^ 1 c c 0 o u p*(0 to 3 r.u O —< c 43 .H O O ^ U) '0 •^ > 0 0 (0 >3 (M •o T) 5 ; ipH 43 10 0 0)0)>. U 0) 43' ;CD u x: *0 44 »o c C4 44 l4 U XI C:0)c 0) )4 o 0 fO 3 *4« O (0 >0 (0 o >4 O E •O to l4 E rst C 0 3 0 0)C (0 U C »(0 <0 • CO 43 0 3 0) to U 43 ^ o4 >: O (0 43 0)c 0 E 0) G) 0 c (O 0/ to 0)10 jO •o > 43 44 o E «J •o O O O 43 *0 O to >• c 0) cn 44 j 01 ><x: cn ^ to > o o. C <0 <H 43 ••o l4 O to 43 C to )4 U ^0)E X3 0) 43 c U **4 0)O 10 x: 0 to 43 0)*0)43 2 x: 4> z 43 M to 0)(0 E CO O CO 44 43 3 44 TJ 43 44 43 c 0) to ot o to o —< in o wa X x: 0) x:0)to >« to m to a; (0 r» x: 43 0)Z rH (0 TJ o (0 J 43 u 0) >4 0) •c o to 44 3 44 C to x: 0) E 43 r* c u 44 0 O O 10 0)H x: o n * O to 43 43 43 u C 2 c C Cl)Wi CO 3 3 44 S3 •«4 fO 0) C 43 0)c • o l4 0)c *o •»4 ^ to C3» 0)%•O *0 O «H 0) M E •o c x: 0)43 c x:44 0 10 0) 43 m4 43 •u 4->C <0 l4 to >1 O CO 0)43 •H to D 0) 43 V ^ 0) CX O X3 <0 O £ 0) )4 C0 U to to 44 0) 43 •H 0)U 44 £ 0) 1 0) <0 CO u o x:x:o «H 43 x: tn T3 tjj 0)1 O X CJ» X 43 C (0 43 00 c 0)O O U3 Cu3 -4 Q.o>>4 m 10 CO >4 CO • o a •«4 ^ X) O 0) 0)CJ)wO TJ CO 0))4 a C 43 E 43 0)vD • 4j -3 c 43 c 3 •o 01 -o O 0)c to CO 0) 0) C X *0 c o x: 0)14 ro x: O Z r-(0 C 10 U £- =< a, Oi f- c.*3 E ID .J to <~( (0 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 sald'Citv Council at a meeting of said City Council held on_ _ _ _ _ _December I2_ _ _ _^ I9QQ , and that the same is a true adopted by said Cityand correct copy of said resolution was duly Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 13th_ _ _^ day of _ _ _ _ _December_ _ _ _ _ _ _ _ _, I9 88 CskkLy 'Dorothy M. ^allin. City Clerk •;/>••■'■AM M V V ••■.*••' V V- >T•v^^*'.‘ \r* '^:'J> ‘Mi ,u:J •> w..•*r.v M"’< p;*:'•-r. , f • ■'-^•* * #1350 .iM<. .'V ; r' f‘: .-M ■■;. y#;-\ % f 'I 4 J 1 f »>s f c t • ZZr^J* Lzjr«^i. .» «i V ^ <!m90\-y -m^ ■*^ m -I f •“ f 4 % •j '‘’v 7 ^ ii*-; ►^m^ornin #: 1%^■«»»:, 1 ^~1^||- ’ '*- ' >0*^m‘'f>-‘m-:■•«;■■'■*»..iut.,% mm \ · .. \ - ., \ ....·� , ) @1��:::� �-:.. ... �:···-�}"'-.--.... •°'---..,;;;._ ·-:.-_: .. d�� ... . . . -·. _,,....._�-..... -� ... �, . ; i... �-,r�· ____:·,_·.• ._� .... �···��-�J---' L. .-1 • • .,,; � ,. �.-·- �-.:, . " or«>-no ?.iiro<t^.-7iiv9vvc?pi^7^ K-i'^7:il.vyj!Tlgyi -j. i -J s! t'V • V* / 1 0 t-. 4 dla 5VI cl ih"!\A / v' : Prepared rERTIFlCATE LOREN ,V^¥:otSO ^ S A #c i.T Sot til. Hanue 23 "wst of tli« litii 7SLEGAL D8SCRIPTI0NS; EXISTING PARCEL; A strip of land In Covsrnmsnt Lot ;. Section ;;,T.^nsnip i’. T Sottii. Amn<je Principal Meridian, said strip of land having a uniforoi vidth of 60.00 fast and boundad o*. .he aast by tha shora of Laica MinnatonAa and on tno ¥.*st oy tha shora of Mud or Round Lana (so- callad).Tha northerly line of which said 60.00 foot strip of land Is dascrlbad as follows: Beglnnino at a point 505.94 feet southeasterly aeasured along a line which boars South .0 degrees East frow tha meander corner of tha Northeast comer of said Government Lot Ij thence North 67 dagraes 48 minutes East a dlstanco of 14.3 feat more or l«ss to tha shora of LaKa Mlnnatonsaj thence South 67 degrees 48 minutes West a distance of /^7.2^ feet more or less to Liia shora of Hud or Round Laita 'so-called).’“he southerly boundary line of said 60.00 .oot atrip being a Una parallel «th and 60.00 feet southerly from and measured at a r;iht angle to tha northerly Una above scribed land. Excepting from said above described strip the public highway croaslng said tract all according to t.he United States jovernmant survey ths,: iof. Pr^iparty across road not included in this contract. PROPOSED PARCEL I (Land to be added to existing parrel! Tha southeasterly G?.'"’ ^aet of '.ot I: LL irror1in j '."le rerot JeJ ,*'lat. ICERTIFICATE Frepared ^or LOREN #4^20 Parcel area^ Existing parcel area 8,135 sq . ft. “^**^^**^'*j 1 -1 T ^ n fs erf f ^ LEGAL DESCRIPTIONS; gXTSTtNG PARCEL; A «trtp of Land In Govarnmant CoUEfL O - TS* Vaua 0 •« kf,» ttc /3 Sa / f 7 3 ai^ aanqa ;3^PfcBt, of tha Fifth North 67 daqraaa 48 alnutaa East a dtsanca of ..*, 207 77 raat aota or laaa to tharaof. Propartf across road not included in this contract. PROPOSED PARCEL!(Land to ba added to existing parcel’ Tha southeasterly '7.73 feet of Lot : '»loc<.. CHA.:7VFL'ir-orl-.-ii -'.5 th»»',»cordO'J CERTIFICATE OF SURVEY Prepared for • PARCEL AREAS; Existing parcel area Proposed plus old parcel Remaining area of Lot 2 LOREN BORN 8,135 13,196 13,620 LEGAL DESCRIPTIONS; G ^ 7 4T ^ S- ill 3^"*, C Ki5T:so .P>»cti.^'/\--aro =• 73k “ »v rf. 7 7* A strip of land in Government Lot 1, Sect.on 11. Townsnip 117 .Worth, ipifte J3 west of the Fifth I’rlncipal Meridian, said strip of land having a uniform width of 60.00 feet and uounded on the oast by the shore of LaKs MinnetonKa and on the west oy the shore of Mud or Round Laite (so- called).The northerly line of wnich said 60.00 foot strip of land Is described as follows: Beginning at a point 585.3^ feet southeasterly measured along a line which bears South 10 degrees East from the meander corner of the Northeast corner of said Government Lot 1; thence North 67 degrees 48 minutes East a distance of 14.3 feet more or leas to the shore of Laxe MinnetonKa: thence South 67 degrees 40 minutes West a distance of 207.27 feet more or less to the shore of Mud or Round LaKe (so-called). The southerly boundary line of said 60.00 foot strip being a line parallel with and 60.00 feet southerly from and measured at a rioht angle to the northerly line above described land. Excepting from said above described strip the public highway crossing said tract all according to the United States government survey thereof. Hropercy across road not Included in this contract. PROPOSED PARCEL:(Land to bo added to existing parcel) The southeasterly ^7.03 feet of Lot 2. BlocK 1. DRAGONFLY ICLl.. according to the recorded plat thereof, ilcnnepin County, Minnesota. 330 WMhkifMN AvwtM SowOi Hopkim, Minnnott 60343 NrmitNo. S341 LocMion DRIVEWAY OR STREET ENTRANCE PERMIT ANO.IP^^ PROVISIONS «>eaAL PHOviys 2 rav9 Tsttsrstran D«. 3-21-90 XA-n Shor^Hn# Dr.SpMdiont A.O.T.I31D0 R^OMafiot: Aciutl-Ltft.400* Minimum • Lift. .Might .MiV^t. 350^ CM«»kai«MMtf tK a OtmnK6on Joint o s^MUoint * recomiwnded l»1MllW:'l RMimmtnWi Aiiwip; P Surfm □ Culmrt Culvtrt Itngih_____________Culmrt dianwitr____ TVpipfiWiiMifc: Q ConcrMt □ Oituminoui o Ortteek rtquimd 1.OONSTMUCTION SPf OFICATIONS iWithin Ripti r ii I fMiwh r* '^Ir his-.Typt Omign_____ SIDEWALK Typ«--------- SHOULDER Typt----------- BLVD> DITCH Tppmil_2_ Dtpih.Dtptft. t.TRAPPiC CONTROL REOUIWEMEWTS " nr ^*5 1? nr?^nd iilOOStriw) Advano* Warning (20D300StriM) seed or sod Swady Burn (500) Conat\W Day Glo) WBOAtPROVI8IOWS Or? 1‘*Z2* Tiax1-!j:n ’lidth private dri/5*/ay mlocar.ion aoprovod as skctciiadt ss far south as practic-blo. Apron to iiava 10* flares ind jo *.1tU!.i1nous Ino aoncroto within ’V’’). Pi'o.-lltti ba similar to diagram “O" below, withont culvert. DO NOT PLACE CONCRETE ON COUNTY RIOHTOP WAY WITHOUT WRITTEN PERMISSION. IP YOU HAVE ANY QUUTIONS CALL 'DRIVEWAY PERMITS" B3B-33B1 EXT 21B rANT: TVPe*iTOOiMTRUerilOUIIIDtOMIIMTO niBVnilT MATIN PNOM RUNKHNO DOWN DNIVI. '•IIIMONTANT CONITNUCTIWALI to OIVINT matin PNOM INOUUMN. p aalmft In mMkit Aim Cuhartfumiihpd — Omofdalivary____ Final impaction data Orivawoy WM found to ba 0 Satiafactory □Umatitfactory IfifPfftitd **Y REVIEWED BY DATE DESIGN MAINT. APPROVED HENNEPIN COUNTY 8y- S^itliON Data zP'9n if f- -rn *-ii.9MI RMTOIIi 11^ i \•; ^ *N -■wTv -n c:' I. t. a M an# fNMwilir fMMifi: O Vm OMi 0 m aCm •Hii • wiM^ottaoito CM»£ili2A£4ia y.mwmm ■»>II. ^itmUnm » « :i NnnKIto., ^ • 0 MMk 0 w ..«tjrz;•:*-,*•-yg,-.u£. wm m .•«k i (HCinTTTV) Ka., »■_ dint M#iar «NR m9 plMiitMtwMM) •t ♦ .. .-■4- •* I ■• . 9- - -..-.--Hf; 1^-:; ■ '‘ ^. ^ ■> ra rig<i.y' PJ .---------- <U'. •• ll a-.^.i_*v..A.U..--------.. � .( ,ehe,,,,1(: -tC}Et:1/VO /o1 )' 1.J � /k:.� �-L);� q?Ot//1./C �- / / CITY ■UILDINCI OF ORONO IT PLAN REVfEW P�RMIT NO. __ _0 APl'ROVEO AS SUBMITTEJ � APPROVED WITH CO?.R:'.CTIONS AS NCTED0 NOT APPROVED -CORRE'-', &. RES!JB .. 'i IT The e comm�nt, are for your Inform·!,. n. -\1. ,•1('•�· � "": · t, l'l--rwIn ru1 :cm:,liance "rt 111 .:ce> .. :ot>lc , ... ,· -tl-:,-: �. ··•:: ..... : code r,.. Quir�mena inctud,n� 1t�ms r.o! SO!!Cd .( ·:· ,·: ,:-·• r: ,· .: :cw�-.KEEP. THIS PLAN SET ON S: C: .�•ALL T'i ;fs. ,,:.'"3 � 2.."C l 2-..� / / ,.,,,,, A:n<c SPECIAL NOT�SEE A TTAC:-;zc 2:-i::::-;·FOR l�Ofv-r :t--COOE R=---,•····-·•-,.-.. _' ._.,1 .... • :-::..:··•�l •. i ;_:: J ■ r H ii __i \:-',�t:-�:{!: ... t •• �/::-:�: :·•.: �� .. , LCE: o�·cu·PANC'(.· �BTAJNEO ' • G is•ot:CUPIEO' LL EXPIRE .D WITHiN 120 DAYS : :nc'l. r��:� 12� o.-\ 'fS F:.::TY OR ZONING· ·:oN:i ·::-u UPON None:£ __ ... ___ _ t. . . � ·: � .-.· ... . " :. � .. : ... . . . : � .• : .' I �-. ;. . .. ... . · ... : •.i :· .• ; .... , ' e·- ,· .,. -: ;-'::: :(� '.I5F?t1·)/Y!\J-::;.·,·· :.,. �-....... ··�-� ... �_..::• ;:-. .i;,..·, ;, :. ...... �..:, f,:-, ..... � , 00 , •, • • , 't '. 0 , fl I' ; et ,. � : ; r � t O O f :. : 0 t' 0 :-,•� ,._ 0 • r:-'. i:; ,.1·,· 11-1�: '.-•• . . . �. �.C: • :-. ; t l . .0 .. � �-•· .. ,. ,,· •\ . • • ... • •• • • . ' : . .. . · 1,,.,,; : --fltc«$, <STAIRs '& P.o' !:llfil..-.. 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' .. -· r u"^;ls i a§ 1o s \■im ** r I .'r ■ f '■• /' V •t ■■'•■.f ... •c . :i CHEwv OFP I^jXSI^FOR ISSUANCE OF’-ERMITS ADDRESS OR LEGAL DESCRIPTION: PID:_________________ FoS OFFICE USE ONLY v p description of WORK:,aAIA \cv\. zoning RBVIEfI BY:.Ttr BUILDING REVIEN BY: DATE APPROVED:. .DATE APPROVED:^-1-7^ PERMIT ISSUED BY:^_ _ _ _ _ _ _ _ _ _ _ __ _ DATE: fees to be CHARGED: PERMIT PLAN REVIEW STATE SURCHARGE PENALTY SAC Yes. Yes No. No Misc. Fees Calculated By:. SEWER UNIT $_ SEWER CONNECTION _ WATER CONNECTION _ PARK FEE _ SITE INSPECTION _ OTHER (specify) _ Zoning >^strict:_ _ _ _ _ _ZONING CHECK LIST Fire DepartmentPost Office:School District:. Lot Area:_12iillf_^ Width_ _ _ _ _Depth:- - Survey Submitted:YesJ^ No_ _Date of Survey:—^-1?- Proposed Setbacks: Front (Lake):_H Rear (Street):. _Right Side; Left Side:_ Adjacent Structures;_ _ Existing Wetland: Proposed Hardcover: 0-75*' Hardcover Variance Required: YesJ^No- -Date of Council Approval Grading: Staff Approval Date:_ _ _ _ _ __By:- - - -Council Approval Date,^ Septic: Staff Approval Date:__ _ _ ___ _ _By:- - - - zoning File:#_l^£0_Resolution - - -Resolution Date:, piMfmnwfi (in house)- - - - - - - - - - --- - - - - - - - - - - - - - - -- - - --^ To:Mayor Grabek & Orono Council Members City Administrator Bernhardson Froa:Michael P. Gaffron,Asst Planning & Date:July 2,1990 Subject:#1539 David Filkins . 3905 Shoreline hlEEiil^Q / JUL 9!99a Variance - Resolution Zoning District -LR-IC, Single family lakeshore residential, 1/2 acre minimum lot size Application - Request for setback variances to relocate existing detached garage out of right-of-way onto property. List of Exhibits Exhibit A - Planning Commission Action Notice 6/21/90 Exhibit B - Planning Commission Minutes 6/18/90 Exhibit C - Proposed Resolution Exhibit D - Memo =ind Exhibits of 6/13/90 Discussion The applicant has purchased this property with the intent of remodeling it for resale. He notes that the property is not mortgageable because the detached garage is located partially within the right-of-way. He proposes attaching that garage to the house within the property boundary. The Planning Commission reviewed this application from the standpoint of making a bad situation b‘‘tter, realizing that it would be impossible to meet all setback or hardcover requirements. Specific site parameters are as follows: Existing Per P.C. Recommend- tions Required or Allowed Lot Area 4375 s.f.(0.10 ac)Same 21,780 s.f.(0.5 0-75' Hardcover 53%46%0% 75-250' Hardcover 89%89%25% Garage Setbacks: -House 2'(Attached)(Attached) -N. Lot line (Straddles It)4'30' -West Lot line 4' +8'10' -Lake 54' +40*75' -Ngbrs Garage 3.5' +9'10' -Ngbrs House 14'14'10' Zoning File #1539July2,1990 Page 2 The Planning Commission recommendation was viewed as the best alternative of the three concepts depicted in the June 13th memo. Applicants preferred proposal would detach the garage about 2-3' from the house, thereby eliminating the need to recent' i- rooflines. Planning Commission felt that this left a less ' '.uate side setback. In the staff concept, the garage was attached but located further southward in order to yield a more functional backout situation. It is apparent that most of the bituminous hardcover between the house and the street will have to remain in order to provide for adequate turnaround and off-street parking. The Planning Commission recommendation is based on relocation of the existing garage. If for some reason th< t garage could not be moved without destroying it, and a totally new garage was to be built, the additional issue of adequate setback from the neighbor's garage would have to be considered. In that case, staff would recommend that the 10' setback from the neighbor's garage be required, cutting the garage width to 13'. Staff Recoasiendation Staff recommends approval per the Planning Commission recommendation for approval of ''.^pplicants Plan #1" from the memo of June 13, 1990. A resolution is attached for Council review. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.55, SUBDIVISION 8, SECTION 10.22,SUBDIVISIONS 1 AND 2, SECTION 10.25, SUBDIVISION 6(B) AND SECTION 10.03, SUBDIVISION 13 PILE #1539 WHEREAS, David Filkin'3 (hereinaf .er **the applicant") is the owner of the property located at 3905 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A attached (hereinafter "the property");and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2 and 10.55, Subdivision 8 to allow construction of an attached garaqe within 75' of the shoreline,where no structure or hardcover is normally allowed,and a variance to Section 10.25, Subdivision 6 (B) to allow a side yard setbac)c of 8' where a 10' side setbac)c is normally required,and a front (street) yard setbac)c of 4' where a 30' setback is normally required, and a variance to Section 10.03, Subdivision 13 to allow garage doors facing the street to be less than the required 30' from the property line. Minnesota : NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1.This application was reviewed as Zoning File #1539. 2.The property is located in the LR-IC Single t mily Lakeshore Residential Zoning District. 3.The Orono Planning Commission reviewed this application on June 18, 1990, and recommended approval of the proposed variances, on a vote of 4 to 1 with 1 abstention, based upon the following findings: a)Applicant is moving the existing detached garage to a location within the property boundaries, but will not change the footprint dimensions of that garage. b)The proposed relocation and attachment of the garage results in a more conforming situation than the current conditions . c)The applicant can concurrently remove existing hardcover on the property, resulting in a net hardc-^ver decrease in the 0-75' zone from 53^ 46%. Page 1 of 5 d)While the proposed attachment will leave the garage only 9' from the neighbors existing detached garage which is also nonconforming in nature, the attachment leaves a setback from the neighboring residence structure of 14', adequate for fire safety purposes. e)The majority of the lot is in the 0-75' lakeshore setback zone, hence the hardship is that without a variance, applicant would not be able to locate a garage within the property boundaries. 4.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. 5.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.22, Subdivision 1 and 2 and 10.55, Subdivision 8 to permit the relocation cf the existing garage within the 0-75' lakeshore setback zone where no hardcover or structure is normally allowed, and grants variances to Section 10.25, Subdivision 6 (B) to allow a street lot line setback of 4' where a 30' setback is normally required, and a side setback of 8' where a 10' setback is normally required, with such structure being located 40' from the shoreline where a 75' setback is normally required, and grants a variance to Section 10.03, Subdivision 13 co allow a 4' setback for the garage doors facing the street where a 30* setback is normally required, subject to the following conditions: 1.Applicc*nt shall remove hardcover as shown on Exhibit 6 attached, resulting in a reduction from 53% to 46% hardcover in the 0-75' zone. The applicant is advised that an'' 'uture proposals to increase hardcover on the property wi .ot be approved, but might be approved only in conjunc. » with concurrent removals of existing hardcover, resulting In no net increase in hardcover. Page 2 of 5 1990. 2.Applicant shall attach the garage as shown in Exhibit Br and shall install fire walls in the garage as required by the building code» and shall be allowed to revise the roof lines as necessary to eliminate potential roof drainage concerns, subject to staff approval. 3.Applicant is advised that any regrading of the di area within the County right-of-way,requires Hennepin Count,ihway Department approval. 4.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 9, 1991). 5.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. 6.The undersigned applicant read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 9th day of July, ATTEST; Dorothy M. Hallin, City Clerk James P. Grabek, Mayor Property Owner(s) Page 3 of 5 ‘OF ORONO“itm 0. Box 66 Crystal Bay, MN 55323 473-7357 ZONING PILE #1539NOTICE OF PLANNING COMMISSION ACTION Date of Notice: June 21, 1990 TO:David Pilkins 2640 Shannon Mound, MN 55364 COPIES TO: TYPE OP APPLICATION:Variance DATE OF MEETING:June 18,1990 VOTE:4 For 1 Against 1 Abstain Planning Comission recomieri'’5; the following: Ap»:)rovu I subject to conditions noted below NOlrBS AND SPECIAL CONDITIONS: Planning Commission recommended approval of "Applicants Plan #1" as it appeared in the staff memo of 6-13-90, with concurrent hardcover reductions to 46% in the 0-75' zone. Applicant's next scheduled meeting is confirmed as City Council, Monday, July 9, 1990; 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. W- Planning Commission Chairman Kelley Oronc Planning Commission Members City Administrator Bernhardson Froa: Date: Michael P. Gaffron, Asst Planning & Zoning Administrator June 13,1990 Subject:#1539 David Filkins, 3905 Shoreline Drive Variance - Public Hearing Zoning District - LR-IC, Single family lakeshore residential, 1/2 acre minimum lot size Application -Request for setback variances to relocate existing detached garage out of right-of-way onto property. List of Exhibits Exhibit A Exhibit B Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Application Plat Map Property Owners List Survey Existing Hardcover Survey Hardcover Calculations Applicant's Plan #1 Applicant's Plan #2 Staff Concept Plan Pertinent Facts - This 4,375 s.f. (0.10 acre) lakeshore property contains an existing 957 s.f. house and 244 s.f. 1-car garage. The garage is partially located within the right-of-way. Applicant c«ir,-iot obtain a mortgage on the property because the garage is in the right-of-way, hence he proposes to relocate that garage within the property boundaries. Almost the entire lot is within the 0-75' lakeshore setback zone. Existing 0-75' hardcover is 53%. Hardcover within the property in the 75-250' zone is 89%, although that zone is very small and is covered by bituminous driveway. A number of concrete sidewalk and patio areas can be removed to decrease the impact of the revised garage location. The applicant has suggested two propo'^e'^ locations for the garage, each of which entails a sligh* *y different set of variances. Staff has sketched a third concept which will also be discussed. Zoning File #1539 June 13,1990 Page 2 Discussion Applicant's intent is to place the garage within the property boundaries to enable him to sell this currently vacant house. Note that the house sold for $77,000 in 1987, indicating the relatively high value of such a limited property. Applicant's Plan #1 would attach the garage tc the right side of the house, extending back from the main wall of the house 16', but no further, in order to preserve an existing window on the house. This location leaves an 8* side setback, approximately 9' setback from the neighbor's garage, and approximately a 4' setback from the County right-of-way. The garage corner would be about 25' from the curb. With this scheme, there would be additional hardcover necessary within the County right-of-way for a backout apron, and the obvious additional hardcover in the side yard to accomodate the garage. Applicant's Plan #2 would detach the garage approximately 3' from the house, leaving a 5' side lot line setback. This would .'fly leave a 6' setback to the neighbor's detached garage. Setback to the County right-of-way would be approximately with the garage doors approximately 24' from the curbline. Applicant's intent with this Plan would be to meet all building code firewall requirements but eliminate the need to reconstruct roof lines between the house and garage. (Note that in scheme 1, the garage attachment would have left a valley where rain and snow CO. Id accumulate, hence a roof rebuild would be necessary to eliminate that valley). The scheme results in slightly more hardcover than Plan #1. Both Plans 1 and 2 leave a very limited access to the garage by necessitating a tight turning radius. Staff's conceptual sketch moves the garage slightly closer to the lake and attaches the garage, eliminating the window of concern, but yielding a slightly more functional garage entry. In any of the proposals, most of the bituminous and concrete between the house and the street would have to remain, in order to provide a backup apron to allow vehicles to enter the County road traveling forward. With all the schemes, there is an opportunity to remove significant areas of concrete hardcover in order to offset the increases caused by placing the garage within the property. Strictly looking within the property boundaries, applicant's Plan #1 could result in a 290 s.f. net decrease, dropping from 53% to 46%. Zoning File #1539 June 13f 1990 Page 3 Applicant's Plan #2, using almost the same scheme for removals, would redv'-^i hardcover only to 47.6%. The staff conceptual scheme would lower hardcover to 48.1%. In any of the schemes, it would appear that additional hardcover abutting the north end of the house could be eliminated if a suitable backup area can be maintained. However, off street parking availability would suffer. This is an extremely limited site, and in any of the possible plans, portions of the garage attachment will be less than 50* from the shoreline, the staff sketch showing a lake setback of 34*. Significant to note is that none of the 3 schemes proposed require an average lakeshore setback. The 3 existing houses west of this property extend almost to the shoreline. Note that this house and the cne to the immediate west are on the 1990 Tax Books as owned by the State Department of Revenue. Mr. Filkins purchased both properties, and has sold the westerly of the two. In a brief discussion with Dave Zeterstrom of the Hennepin County Highway Department, he indicated that the County would be pleased to have the garage off their right-of-vay, and hoped that the relocation would provide a suitable backup apron so that access is safe. Staff RecoBoiendation Each of the proposed options has good and bad points. Obviously, while none of the required setbacks to lot lines or the lake are satisfied, three existing problems are solved: 1.Increase in setback between existing garage and neighbor's garage. 2.Removal of garage from County right-of-way. 3.Applicant gains abiJity to obtain a mortgage for th property. In addition, as a result of a variance application, the City has the ability to require hardcover decreases in exchange for changes in hardcover on the property. c ^ - I - I /iVL. f Zoning File #1539 June 13, 1990 Page 4 Staff has no strong recommendation for any one of the schemes over another. Planning Commission may wish to have applicant furcher refine his proposal, or you may wish to give applicant certain parameters in which to finalize his plans. Any recommendation for approval should indicate the percentages of hardcover that will be allowed to remain, and may include requirements for removal of specific items. If the detached garage proposal is approved, the building department would require firewalls as necessary. CITY OF OROHO - VMUAHCB APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application^^) r \ ■••—.I cny Oh vosxQ...JJMAfia OFnCE ^ 275M *------ am n. oro.oo.^•=itocsih’T-nm lOtiProperty Identification Number (P.I.D.)/< 7 <^3 ooo^ ;;im30 LX'Ol ftOl.JlOrU Oj/ l4/tv PROPERTY LOCATION Site Address 3^^ C "S Attach legal description to application if not Included on required survey. applicant Name O Pii/. fl CT 1 k. V Phone (home) V7.3. /6c^^ Phone (wor)c) W2l__LLLl Address:■OC-^O Nkuwvjw_ _ _ _ _ _ _City; Y\\q.s^A- - - - -Zip OWNER (if different than applicant) Name S\4f^4x s.-W _ Phone (home) Phone (wor)c) Address:City:,Zip; Date Property Acquired (month/year) I (do)(do not) also own the adjacent parcels of land PRESENT USE OP PROPERTY Present Zoning District Present Use of Property Le-\o Residential Other (specify) DPr*^.TION OP REQUEST Estimated Cons iruction Cost $ SOOP, 'i*»cribe request in detail;3e.e^ VARIANCES REQUIRED Lot Area Lot Width Setback Variances (Front other Hardcover V Side _ _ _Rear) HARDSHIP , . ^Describe undue hardship or practicaj^ difficulty resulting from strict enforcement of zoning regulations;V-P W<tr_ _ _ _ _ _ _ _ _ _ DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements:_ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ __ _ _ _ _ _ _ _ REQUIRED SUBMITTALS 1.Completed Application Form Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6 Sketches or plans of floor and elevation views. ".As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8.Additional items as may be requested by City staff. YOU ARE REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WORKING COPY (ll* X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The Applicant and Property Owner must sign this application.Please remember that your variance application is not conplete if the above information has not been included. Certification by Clerical Department that Variance Application is complete. Initialed by Clerical Staff Date- - - - - - - - -- 2. 3. 4. 5. 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 f^^ payment) and/or consultant expenses incurred in review of ^his applicatlkon, and certifies that the information supplied is true and correct tQT|t^Vvfr®st of his/her knowledge. Applicant's Signature I Date OWNERS SIGNATURE The owner hereby ackowledges 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 investiga tion and verification of this request. Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting.Planning Commission Meetings are held on the third Monday of each month.Applicants must be present at all scheduled review meetings of the Planning Commission and Council.If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. #1 -6' )% ^ May 23. 1990 Orono Planning Commission: I am applying for a hardship variance due t> the fact that Hennepin County widened and improved Shoreline Drive and in doing so encroached unto and through the garage at 3905 ihore- llne Drive. This has created a hardship because it now clouds the title with their new right-of-way and a new mortgage cannot be placed on the property. The garage, as it is now positioned on the property, almost touchs the west side lot line and the County's right-of-way. It also makes it dangerous to enter and exit onto Shoreline Drive. 1 am proposing to attach the garage to the home which would completely solve the title problems connected with the County's right-of-way encroachment and would provide an 8' side setback. It would also create a safer driveway situation. It would also clean up and enhance the overall appearance of the property. Thank you for your consideration. 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VlARD CO^jER calculat \o^i^o ' toNe HAROlover ZONE A rea ARtA 4\'il 2Z10 15-150 ’164 ItA 63% 8')% LEOAL PESCRlPTlONi Ml that part of Lot I, Block 0, Townalt* l.angdon I’atk, rtnacrlbed as followsi Beginning at a point on the North line of said Lot li distant 31;!.76 feet Went of tlie corner of said Lot 2, formed hy the Intersection of the Westerly line of Dun«oody Avenue with the Southerly line Of the County Road as shown on the plat of said Townslte,thenre deflecting to the l"ft, deflection angle !i degrees. 16 minutes a distance of Bd feet mote or less to the shore of Lake Minnetonkat thence Northwesterly along said lake shore a distance of 50 feet more or less to a point on said lake shore on a line deflecting to the left, deflection angle 71 degrees. 57 minutes from a point on said northerly line of said distant 60.60 feet of the point of bi- thenre Northeaster .ilong said line a dlb 57 feet more or le..:. to said North lino "’f i Lot 1; thence East along the North line of i Lot 1 a distance of 60.60 feet to point of beginning. AREA = 4375 sginro feet to 929.4 contour line HoitS hW AtMi. boitJ fr.w *Ua4'f.wiiur _ .— O •t" Denotes iron n-Tnunier.l Denotes cross c^•^.•*!cd ir concrete * 939,7 Denotes existing sp n'.lon |939l Denotes proposed spo, .Mion <--------- Denotes surface drainage Dashed contour lines denotes proposed features Solid contour lines denotes existing features Proposed top ol foundation elevation Proposed bosemei.t floor elevation = Proposed garage floor elevation = BENCH MARK*. ALL-METRO LAND I hartby ctrlify that this turvay, plon or report was praporod by mo or under my directsupervision and that 1 am o duly Registered Land Surveyor unde the lajes of the Stole of Minnesota. J.UjUmJ SURVEYORS 2340 Daniels Street Long Lake,Minnesota 55356 Ph: 475-1433 DATE VlOZ^ SCALE 1 20 ’ BOOK 24- FILE NO. PAGE ^0071 A Lo-r �A IJ -,� ' : '-119 I s / , . ./:::.-;;<t_17�� l-/�coV1.:R.._ •. 0��(:(:-" ... (vJ11·H 11J t-r) .;Z, � >'_22. c..- 6.I x /'3, 7 q,S >e 11,0 ,I X t/,/ II'>< 2-2.:?.-. -717 . =-/JI. -}OB=-� I _,; -2--'l'I CON c. w t.-1::; ; (fl Otv . /·· ,.___ -:. ,· rr) • / 017 CoNC::... I.. tv·:/0 Y:,l.,f,� :-2-t/� (" � 9 � '5� t- ) ( � : r<e> 4 ?( 1.3 ,, ;; :;-� �.-�1i ,1 � )(3 I?; ,Y z 2.-, XlrJ -·· : •• -:, r-. ·-·---� �,, -... -· . �: :� ,>!'!½ -� -· ... , --·-· ·----.. I ?-:-.. s ---------- -?i'3S---� ----· • ,o (7 ------ . --------· CE RTIFICATE OF SURVE Y _______PA\/E FILI^INSPrepared for. ------------ ^Hor4li linr o( € - ZO.T.IIT, WUNTY ROAD 15 Cor>cygle Wrtik ■GO.CS ^J^ELINE DR. (Vner »(UI2 ZOM6 viAa.ou>N«ezoneAREAarea O-T^'4\tl 2210 »04 lfe4 53% r.'jyo Apphov ^'’^^ ^ LEGAI. DESCR IPTION! Ml that part of hot 1. HlocK R, Townelte of hangdoii Park, dpBcrlbed as foil >vs: Beginning at a point on the North line of said hot I. distant tppt Went of l',e corner of said hot 2. formed by tlie Intel sect ion of the Westerly line of Dunwoody Avenue with the Soutlierly line Of the County Road as slioun on tlie plat of said .ownsltei thence deflecting to the left, deflec’ angle 73 degrees 16 minutes a listance of Od fert more or less to the shore of hake Minnetonka; thence -lorthwoste '>y along said lake shore a distance of V.- t eet m i • >r less to a point on said Jake shore on a line .f.'Ctlng to the left, deflection angle >1 degrees, ■.rj'nntes from a point on said Northerly line oi saij h--' I dlstaii'. 60.6H feet West of the point of beginning; thence Northeasterly along said line a distance of 57 ff>et more or Ipak to said North line of said hot I; thence East along the North line of said hot 1 .1 dlstaiK-p >f 60.f.n feet to point of beginning rjiUhV ^ 4376 sqnnre te< t ho 929.4 contour line iioicS dred^ bttvJ Cmoi W4'ti*d«ur ■ o Denotes iron monument Denotes cross chiseled .'n concrete X 939,7 Denotes existing spot elevotlon 19391 Denotes proposed spot elevation <--------- Denotes surface 'tralnage Deshed contour lines denotes proposed features Solid contour lines denotes existing features Proposed top of foundation elevation Proposbd basement floor elevation = Pr0|/0sed garage floor elevation = ■tNtHMARK: ALL-METRO LAND 1 htreby ctrlify Iho* this survey, plon nr report was prepared by me or under my direct supervision and that I am a duly Registereo t 4 Surveyor under the laws of the Stair o<i«L.,to. (StXdCi /}. SURVEYORS 2340 Daniels Street Long Lake, Minnesota 55356 Ph: 475-1433 DATE RED. NO. 1702^ SCALL i 20' BOOK 24- PAGE FILE NO, 5007) A Prepared for CERTIFICATE OF SURVEY PAVE F ILK I NS lin, ,( Sft 20, T.III, R.jj C^T^^ROAD ,5 - StWRELINE zotee llAEOUrVEil ZONE A rea area 0-16'^\•)\Zl\Q 15-ZSO-104 53% 8'J% ApP>->CAr*Ts #2- LELLAJj PESCRIPTlONi Ml tlint part or l,ot I, nirc< 0, Townslte of l.angdon I’arK, tlcncrlbcd as foUowsf Beginning ah n point on the Nortli line or said Lot l< distant .112.75 root Went of the corner of nald Lot 2, formed by the Intersecllon of the Henterly line of Piinwoody Avenue with the Southerly line dt the County Road as shown on the plat of said Townslkei thence deflecting to the left, deflection angle 73 degrees. IG minutes a distance of Od feet more or less to the shore of Lake Minnetonka) thence Northwesterly along nald lake nlioro a distance of 58 feet more or lees to a point on said lake shore on a line deflecting to the left, deflection angle 73 degrees. 57 minutes from a point on nald Northerly line of said Lot I distant GO-GO feet Went of the point of beginning) thence Northeasterly along said line a distance of 57 feet more or lens to said North line of said Lot 1; thence East along the North line of said Lot 1 a dlstninre of 60.G8 feet to point of beglhnlng. AREA •’ 4175 s']uare feet to 929.4 contour line Units hW Art.A<i bastJ fttm‘H*).'!'t»nl«ur GENERAL NOTES o ” e" Denotes iron monument Denotes cross chiseled in concrete Denotes existing spot elevation Denotes proposed spot elevation Denotes surface drainage Dashed contour lines denotes proposed features Solid contour lines dimolos existing features * 939.7 [939] «-------- Proposed top of foundation elevation Proposed basement floor elevotlon ‘ Proposed garage floor elevation - BENCHMARK: ALL-METRO LAND SURVEYORS «d340 Daniels Street Long Lake,Minnesoto 55356 Ph: 475-1433 I hareby ctrtify that this aurvay, plan or rtporl was preparedby me or under my direct supervision and that I am a duly RegisteredLand Surveyor under the lawi of the Stale of Minnesota. J.VljdmJ DATE Gjllho REG NO..1702^ SCALE 1 20' BOOK 24- page FILE NO. •50071 /\ Prepared for CERTIFICATE OF SURVEY PAVE F ILK I NS tine of ?ec. eo.T.IIT, R.23 shoreline VIARD CQvfER CAUCOLAT\Ofi^o S« ClMI^WZ.OM6 WAE.0 COVER lorde AREA area 0-1 t!*4\‘>\tei8 10-Z50*IB'V IM- rs» ciMi or mwnfOE' ■STAFF CoMCePT legal PESGBimOtli Ml tlial part or Lot 1, Dlock 0, Townolte of Langdon Park, dencrlbod as follows! Beginning at a point on tho Nortl! line of said Lot li distant 312.76 reel West of the corner of said Lot 2, formed by the Intprsectlon of the Westerly line of Duiiwoody Avenue wltli the Southerly line Of the County Hoad an shown on the plat of said Townslbe; tlience deflecting to the left, dellectlon angle 73 degrees, 16 minutes a distance of Od feet more or less to the shore of Lake Mlnnetcnkai thence Northwesterly along said lake nhote a dlntanco of 50 feet more or lees to a point on said lake shore on a line deflecting to the left, deflection angle 73 degrees, 57 minutes from a point on salil Nortlierly line of said Lot I distant 60.60 feet West of the point of beginning! thence Northeasterly along said line a distance of 57 feet more or less to said North line Of said Lot Ii thenc" bast along the North line of said Lot 1 a distance of 60.60 feet to point of beginning. 53% AiinA dJ/S sgiinre feet to 929.d contour line WoiES M\ drr.S4 ba\«j mn> «U ‘).4'crdliur Jjjl o Denotes iron monument *t"Denotes cross chiseled in concrete < 939.7 Denotes enisling spot elevation |939j Denotes proposed spot elevotion < --------- Denotes surface drainage Dashed contour lines denotes proposed features Solid contour lines denotes existing features Proposed top of foundation elevation Proposed basement floor elevation = Proposed garage floor elevation - BENCHMARK*. ALL-METRO LAND SURVEYORS 2340 Daniels Street Long Lake, Minnesota 55356 Ph: 475-1433 1 harsby ctrlify that this survey, plan or report was prepared bf me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the Slate of Minnesota. Arpjdm) ijiihoDATE REG. NO..1702^ SCALE 20' BOOK 24- page FILE NO. ^0071 A cmciL mms J'-^L 9 1990 of oFcm Mayor Grabek & Orono Council Members City Administ*^ Bernhardson From:Michael P. Gavr.Dn, Asst Planning &Zoning Administrator Date:July 2,1990 Subject:#1540 Ronald S Julie Prineas, 1920 Shoreline Drive - Variance (Renewal) - Resolution Application - Request for renewal of lot width variance granted in 1989. List of Exhibits Exhibit A - Resolution Exhibit B - Planning Commission Action Notice 6/21/90 Exhibit C - Memo & Exhibits of 6/14/90 Discussion - Applicants are requesting renewal of the lot width variance granted for this long, narrow lakeshore lot. Planning Commission at their June 18th meeting,recommended on a vote of 6-0 to approve the renewal as submitted,finding no changed conditions from the original approval resolution #2650 (attached). Staff Recommendation - Staff recommends approval.A renewal resolution is attached for Council review. A RESOLUTION GRANTING A RENEWAL VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.23r SUBDIVISION 6 (B) PILE #1540 WHEREAS, Ronald and Julie Prineas (hereinafter "the applicants") are the owners of the property located at 1920 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: Per Exhibit "A",attached (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a renewal of variances granted in 1989 per Resolution #2650 to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of a single family residence on a lot of defined width 30' where a defined lot width of 200' is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1.This application was reviewed as Zoning File #1540. 2.The property is located in the LR-IA Single Family Lakeshore Residential Zoning District. 3.The Orono Planning Commission originally reviewed this application #1410 on May 15, 1989, and recommended approval of the proposed variance based upon the following findings: A)The lot area exceeds the minimum 2.0 dry buildable acre requirement. B)A feasible building envelope exists in addition to primary and alternate drainfield sites which have been tested and approved for use. C)The hardship to the property lies in its extreme narrowness at the point where the defined lot width is measured. Furthermore, there is no adjacent land available for purchase that would increase the defined lot width to the 200' minimum standard. Page 1 of 5 Hi 4.The Hennepin County Department of Public Works has verified that the County will approve a private driveway access onto County Road 15. 5.Although the property contains a feasible building site, that site is limited by narrowness of the lot and by the designated drainfield sites, hence careful site planning will be required in developing the property. Therefore, it is appropriate that a diagram of the building envelope and drainfield sites be filed with this resolution to make future potential buyers of the property aware of the site limitations. 6.The City Council originally granted this variance in 1989 per Resolution #2650 and finds no changes from the original findings and conditions of that resolution. 7.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. 8.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. CONCLOSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a renewal variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of a single family residence on this lot of defined width 30' where a 200' defined lot width is normally required for construction of a single family residence, subject to the following conditions; Page 2 of 5 1.Any proposed residence must meet the required minimum setbacks established for the LR-lA zoning district, and must further meet the required setbacks from drainfield sites. 2.A diagram of the building envelope and approved drainfield sites shall be attached to this resolution as Exhibit "B", to advise future potential buyers of the property of the building site limitations. 3.Any proposed residence or development of the property shall meet the hardcover requirements of the LR-IA zoning district. 4. No other zoning variances for development property will be granted. of this 5.The approved access for the property is a single drive way at County Road 15. 6.The standard park fee shall be collected by the City at the time a building permit is issued. 7.Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (July 9, 1991). 8.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. 9.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 I Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 9th day of July, 1990. ATTEST; Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of July, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 STATE OF FLORIDA COUNTY OF DADE ) ss. On this _ _ _ _ _ _ _ _ _ _ _ day of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, 199 before me a Notary Public within and for said county, personally appeared Ronald James Prineas, joint owner, 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 FLORIDA COUNTY OF DADE On this ) ss. day of 199_ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ before me a Notary Public within and for said County, personally appeared Julienne (Julie) Prineas, joint owner 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 CITY OP ORONOP.0. Box 66Crystal Bay, MN 55323473-7357 ZONING FILE 11540NOTICE OP PLANNING COMMISSION ACTIONDate of Notice:June 21,1990 TO:Ronald & Julienne Prineas 4665 North Bay Road Miami Beach, FL 33140 COPIES TO:Christine Larson 1505 Roldridge Lane Wayzata, MN 55391 TYPE OF APPLICATION:Variance (Renewal) DATE OF MEETING:June 18,1990 VOTE:6 For 0 Against Planning Conmission recommends the following: Approval as submitted NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as City Council Monday, July 9, 1990; 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. /u From: Date: Planning Commission Chairman KelleyOrono Planning Commission MembersCity Administrator Bernhardson Michael P. Gaffron, Asst Planning &Zoning Administrator June 14,0 Subject:#1540 Ronald and Julie Prineas, 1920 Shoreline Drive Renewal Variance - Public Hearing Zoning District -LR-IA,Single family lakeshore residential, unsewerd, 2 acre Application - Request for renewal of lot width variance granted in 1989 List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Resolution #2650 Pertinent Pacts - 1,This is merely a renewal of the variance granted by the City in 1989 for this long and narrow lakeshore lot. 2.Conditions of City Council approval included no variance to required LR-IA setbacks, specifications of the building envelope, and no variance to hardcover requirements. The lot was approved for access via a separate driveway to County Road 15. Discussion Please review the findings and conditions of Resolution #2G50, attached. The applicants propose no changes from the original application. Staff Recommendation Staff recommends approval of the renewal lot width variance request for Ronald and Julie Prineas, per the findings an conditions outlined within Resolution #2650. / VRl MED ■9 5 1-*MCWWILt t V M t t U' t-. M I- I V V>2 CIW Of ORONO - VABIAHCB APPLICATIOM Initial Application Fee $175.00 ($50.00 per each additional variant Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double applioation fee) #1540 I PROPERTY LOCATIOR £ UU^^ /'A 4/v- Sit© Address I Property Identification Number vP,x.b.f^_ I 0 f J H ^ 2^ 00 Attach legal description to application if not included on required survey. ^ _Phone (home)^ ^/ APPtlCART ywjc Nfof Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __Phone (vor)c)^^7 ^ ^ Address; W -City;Zioi OWNER (if different than applicant) Name A ,Phone (home) Phone (work) Address t zip:, Date Property Acquired (month/year) 1 (^)-'tdo not) also own the adjacent parcels of land PRESENT DSE OF PROPERTY Present Zoning District ct^/^_ _ _\ \ ^ Present Use of Property u s< .cjry L?r ......................... i)j ^?r i^v.5;’ htiEIPT-wm r0\} ;tl i9iS0 cool ,901 714:: Residential 05/24/9 other (Bpeoify) DESCRIPTION OF PSQUKST Estimated Construction Cost 6___ Describe request in detail; U/fPfN A>c^r' l. VARXAMCSS REQUIRED __ _ I*ot Area Setback variances (, Other __^_ _ _ _ Lot Width Front ___ Hardcover Side Rear) A? 2iL>^0 y r^UlJ: U^lOy Ji Cil^ Couvxul 2.C(t /f(5^ R . felk.'- "NM M V - g 3. - ^ O H E D O ; 1 B MERRILL LVMCM RC«L TVJS ^ TT 'fflADSRZV " "D««crlb« undue htrdship or preotical dlCf49ylty resulting from strict •n#oroam»nt of zonlna reoulationsj _ _N \ . s* L T V IA O DBSCRXPTICm OF UMOSOAL WlOPBRW COMDXTIONS Deaoribe unusual property conditions^cventlng oompllanca with Zoning Code Requirements:,N_/_F_ _ _ _ _■---. . . RBQUIRSD $DBMimLS 1.Completed Application Form w j —-2.Certified Property owners List of owners within l50* (you must obtain this list from Bennepln County Department of Finance A-603 Govt center 348-3271). Plat Map (obtained with property owners list). ^-4.Certificate of survey (signed by a licensed surveyor) to include hardcover oalcuiationa as required. 5.typographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6.Sketches or plans of floor and elevation views. 7.As an addendum to this application* please attach a separate list of any other persons you wish notified of this application. 8.Additional items aa may be requested by City staff. YOU ARJB R2QUIRB0 TO SUPPLY 30 COPIES OP LARGE DCX^OHENTS OR A WORKIHQ COPY (11* X 17* OR SMALLBR) FOR ALL DOCUMENTS SOBNZTTBD. The Applicant and Property Owner must sign this application.Please remember that your variance application ia not coaplete if the above ^3 not been ineltid^'. Certification by Clerical Department that Variance Application ia complete. Initialed by Clerical Staff: Date APPLZCAMT'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 ia true and correct to the best of his/her knowledge. Applioane’B Signature Date OWNERS SZGNATORB The owner hereby aokowledges and agrees to this application and further authorises reasonable entry onto the property by City staff* consultants* agents* Comniseior^em^rs* and Council members for purposes of investiga tion and v%ritiefiGkf(^ this ro<jiiest.^ . Owner's Signatur Date Ai Applicant must have all submiti^idB into the city offices 25 days before the Planning Commission Meeting.Planning Commission Meetings are held on the third Monday of each month.AppXioants muat be present at all scheduled review meetings of the Planning Commission and Counoil.If an applicant ia unable to attend a soheduled meeting* please make arrangements to have an authorised agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. rv 0.) ....... �� -11 1 • 3�' A (I J ..:.�r1: • .:,, ,:i_s, --� s.:.,J!?".:> i .. ,,., '�· ;..v:. �.• �';> o 1“ s s 0 z ui CM UJ V) (/) Z M (3 < < o io < M IM U) »- Z Z Ml eg i-l M M O 1 Z Z Z < UI a z >- z ^ z i-i Z^ -> n z I UI < o o a z ^O -i ^ < O ^ O O < ro O Z Z ^ Z a UI 5 ta °igM in■t in ac in UI M UI o N Z Z■ a <K a ^ <Z • z oIH O <• o ^S OrO O < Z UI -I < o z <VJ (rt t- >-i <Z O NZ O > 225 o A Z UI a Z M UI H 3 •■4 ID *H (U O Z »-o a V) < O M <0 0-1 -4 o < §32 .4 O' Mo z z z O Q “) 1UI < u z ^ CM Z HH a 14 ^»’ 1-4 a z in -1 1- UI tX) 14 UI •• 4 Z CM Z a '•4 S O'CM O O Z 14<r o <4 < o o O UI UI U) 14 UI Z Z UI CM Z 1-4 t-4 o CM UI a a z<d- o z z a CM M o o a d-Z 5 •• UI Zr-i in S z S -4 UI U O ■ a z z 4a a z h- z-4 4 m2 t-* “) “» z 1 Z U U 4 C'. UI M -4 Z >>MM z z z I M Z < O ^ 1 UI 4a a a z I-1 q o UIa 3 o z ‘-I O V) z < *4 UI O N 38100038RONALRONALI960HAYZAM a UI UI in z z a « -H S O' 4 C4 O Z Z r4 z O' a a oa -4___9-14 a z z <-4 O ___I i^ni tH “■ S *M z K 2 uT"^^ 4 UI Ui UI (/) £ o »-•►-I- z ^ UI o u,-8| SS“* _ Z UI5gSg X M Ui Ui M UI ^ V- (/) UI Z UI z > UI Z k- £u a ui u. u. M z o o *2 ^1^1O Vo ^3 r4 b) C9 U UI ^ (M M UI Z > S O Kl UI Z M O 4 sfCM Z ^ z tn 25OO'* *O ►- Kt UI O 0(1) O -I ^ O O _ls§sjl:iai ii z z aa*s? o a $ w lu »- 2 z 7 CM Z < a M^ M z m -I •• UI IX) UI •• Z r to ts5 ^ z S ^ > *o < < ^ 5 z 2 S 2z o °Zi z 2O 14 Ui32S52 V) g Z 1 2 o z 2 2 5 §|ii i|il z 53 -r: CITY OF ORONa City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2650_ _ _ _ _ A RESOLUTION GRAKflNG A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6(B) FILE #1410 WHEREAS, Ronald and Julie Prineas (hereinafter "the applicants") are owners of the property located at 1980 Heritage Drive within the City of Orono (hereinafter "City") and legally described as follows: Per Exhibit and 'A" attached (hereinafter "the property"); WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 6(B) to permit the construction of a single family residence on a lot of defined width 30' where a defined lot width of 200' is normally required. NOW, THEREFORE, BE IT RBSOLVEi.^ by the City Council of Orono, Minnesota: FINDINGS 1.This application was reviewed as Zoning File #1410. 2.The property is ] cated in the LR-IA Single Family LaJceshore Residential Zoning District. 3.The Orono Planning Commission reviewed this application on May 15, 1989, and recommended approval of the proposed variance based upon the following findings: a)The lot area exceeds the minimui:* 2.0 dry buildable acre requirement. b)A feasible building envelope exists in addition to primary and alternate drainfield sites which have been tbsted and approved for use. Page 1 of 5 CITY OF ORONa City of OROrVO RESOLUTION OF THE CITY COUNCIL NO. 2650_________ c)The hardship to the property lies in its extreme narrowness at the point where the defined lot width is measured. Furthermore, there is no adjacent land available for purchase that would increase the defined lot width to the 200' minimum standard. 4.The Hennepin County Department cf Public Works has verified that the County will approve a private driveway access onto County Road 15. 5.Although the property contains a feasible building site, that site is limited by narrowness of the lot *-.*d by the designated drainfield sites, hence careful site planning will be required in developing the property. Therefore, it is appropriate that a diagram of the building envelope and drainfield sites be filed with this resolution to make future potential buyers cf the property aware of the site limitations. 6.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 7.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.23, Subdivision 6(B) to permit the construction of a single family residence on this lot of defined width 30' where a 200 foot defined lot width is normally required for construction of a single family residence, subject to the following conditions: Page 2 of 5 CITY OF ORONO CUy of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2650 I* Any proposed residence must meet the required minimum setbacks established for the LR-IA zoning district, and must further meet the required setbacks from drainfield sites. 2.A diagram of the building envelope and approved drainfield sites shall be attached to this resolution as Exhibit "B", to advise future potential buyers of the property of the building site limitations. 3.Any proposed residence or development of the property shall meet the hardcover requirements of the LR-IA zoning district. 4.No other zoning variances for development of this property will be granted. 5.The approved access for the property is a single driveway at County Road 15. 6.The standard park fee shall be collected by the City at the time a building permit is issued. 7.Authorities gr/irted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 26 , 1990). 8.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. 9.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, and hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 5 City of ORONO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL fSjO. 2650_________ Adopted by the Orono City Council on this 26th day of June,T.989. } ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me on this 26th day of June, 1989, by James R. Grabek and Dorothy M. Hailin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 7 ■ t/_CHdU^K.. Notary R My Commit StOlTTIXpires'' Page 4 of 5 City of OROINO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 2650 STATE OF IfcUMfBSOTA bRb^ COUNTY OF g»WgP^N ) ss On this -■fL day of before me a Notary Public within and for s^d county, personally (CiJ N ^ Ll> 198J2 I Meappeared _______________________ the person(s) described in known to me to be and who executed the foregoing instr^ent,and acknowledged that he (they) executed the same as his (their) free act and deed. / NOTARY /PUBLIC so:a»t MY COMMISSION EXPIRES fUHibf^ STATE OF IIJ lilHllliT?Tiii|. ) bf\b(z )ss. COUNTY OF »WHBF?N ) On this nn day of (I 198^, before me a Notary Public within and for said County, personally appeared 'TiiU£hJkir P^;^/k~AS known to me to be the person(si described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. . ^y/Urtrr NOTARY />UBLIC .NOTArjy PUBLIC, STATE OF FLCRIOA. MT COMMISSION EXPIRES:OCT.::9.I39t. ■ UNOCO THOU NOrAHT ,U«t.iC UNOtMmMilAHS< MY COMMISSION EXPIRES Page 5 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2650_________ Adopted by the Orono City Council on this 26th day of June, '19S9. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me on this 26th day of June, 1989, by James R. Grabek 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. My CommiVsiWTTilx'pi'res' Page 4 of 5 c.r/'-r -"-^ ■ __•;-r.•r^-r*’r:-.. V -. _ .-: .1..^— - JT T~. 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Gaffron, Asst Planning & Zoning Administrator Date:July 2,1990 Subject:#1541 Dr. Roby & Jane Thompson, 1520 Tanglewood Rd - Variance ” Resolution Zoning District - RR-IB, Single family rural residential, 2 acre, unsewered Application - Request for rear setback variance to construct additions to existing residence. List of Exhibits Exhibit A - Resolution /m /onExhibit B - Planning Commission Action Notice 6/21/90 Exhibit C - Planning Commissic. Minutes 6/18/90 Exhibit D - Memo & Exhibits of 6/11/90 Discussion - Please review the memo and exhibits of June 11th. Briefly, the applicants are proposing two small additions, at the north and west sides of the existing residence, both additions being less than 50' from the north lot line. A variance was granted in 1979 to allow the house to be constructed 20' from the north lot line. The house actually was constructed 26' from the north lot line. The proposed expansion leaves a 21.9' north lot line setback. Planning Commission reviewed this application on June 18th, and voted 6-0 for approval as submitted, finding that the current request meets the intent of the variance granted in 1979, and that the fact ‘-s which lead to approval of that variance have no changed. Staff Recommendation - Staff recommends approval per the attached resolution. A RESOIUTION GRANTING A VARIANCE TO KUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) PILE #1541 WHEREAS, Dr. Roby & Jane Thompson (hereinafter "the applicants") are owners of the property located at 1520 Tanglewood Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 1, Tanglewood, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B)to permit the construction of room additions located less than 50' from the rear lot line where a 50' rear yard is normally required . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1.This application was reviewed as Zoning Pile #1541. 2. The property is located in the RR-IB Single Family Rural Residential Zoning District. 3.The Orono Planning Commission reviewed this application on June 18, 1990, and recommended approval of the proposed variance based upon the following findings: A)Variance application #470 was approved in 1979, allowing the house to be constructed 20' from the north lot line.The house was actually constructed 26' from the north lot line. The currently proposed additions will at their closest point be 21.9' from the north lot line, meeting the intent of the original variance approval. B)The original variance was granted because of extremely limited drainfield sites, topogrpahy, and wetland on the site.Neither of the currently proposed additions encroach into existing or potential drainfield sites or wetland areas. Page 1 of 4 C)The property adjacent to the north lot line is owned by the Department of Natural Resources as a preserved wood land, and it is not anticipated that any new construction will occur in that area, hence the visual density of the neighborhood is not an issue. None of the neighboring residences will be able to see the proposed additions. 4.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. 5.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to thie 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 tiie City. CONCLOSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of additions to the existing residence as proposed, such additions being located as near as 21.9' from the north lot line where a 50' rear setback is normally required, subject to the following conditions; 1.Authorities granted by this resolution 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 9, 1991). 2.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 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 9th day of July, 1990. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) STATE OF MINNESOTA ) )ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of July, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) On this day of 199 before me a Notary Public within and for said county, appeared personally 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 UUX9 ____________________ vttijr __________________________________________________»— --------', Notary Public within and for said County, personally appearedknown to me to be" the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4 CITY OP ORONO P. O. Box 66 Crystal Bay, NN 553' 473-7357 ZONING FILE #1541 NOTICE OF PLANNING COMMISSION ACTION Date of Notice:June 21,1990 TO:Dr. Roby & Jane Thc.ipv ./i COPIES TO: Sarah Susanka 2262 West Lake of t'^e Isles Blvd.Mulfinger & Susanka Architects Minneapolis, MN 55405 1501 University Avenue SE Mineapolis, MN 55414 TYPE OP APPLICATION: Variance DATE OP MEETING:June 18,1990 VOTE;6 For 0 Against Planning Commission recommends the following: Approval as submitted NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as City Council, Monday, July 9, 1990; 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. //. Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From:Michael P. Gaffron, Asst Planning & Zoning Administrator Date:June Hr 1990 Subject:#1541 Dr. Roby & Jane Thompson, 1520 Tanglewood Road - Variance - Public Hearing Zoning District - RR-IB, Single family rural residential, 2 acre, unsewered Application - Request for rear setback variance to construct additions to existing residence List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Applicants Description of Request Exhibit E - Site Plan Exhibit F - Survey Exhibit G - Constructions Plans Exhibit H - Documentation from 1979 Variance Request Pertinent Pacts - 1.The applicants are proposing two small additions to expand existing rooms within the residence. The master bedroom expansion is totally within the rear yard, and a portion of the living area expansion also encroaches. 2.The existing house was granted variances to be constructed less than the required 50' from the rear lot line in 1979. That variance request allowed a rear setback of 20' due to severe site limitations of topography and limited drainfield sites. The house actually was constructed about 26' from the north lot line. The nearest point of the proposed bedroom expansion would be 21.9' from the north lot line. 3.Although not cited by the Planning Commission and Council as a justification for granting the rear setback variance in 1979, the fact that the rear line abuts a DNR woodland may have influenced the variance approval, since we would expect no houses being constructed north of the property. 4.The proposed additions do not have any impact on the existing or future drainfield sites, and will not increase the use of the septic system. Zoning File #1541 June 11,1990 Page 2 Discussion Because the original house was not placed as near the north lot line as had been approved, the proposed additions do not encroach within the 20' setback approved in 1979. The status of the DNR wooods has not changed. Neither addition would appear to have any significant impact on drainage or septic systems. The property is heavily wooded, such that the additions will likely never be seen by any neighboring property owner. Although I had indicated to the applicants architect that there were significant issues with this variance in 1979, a search of the files suggests that the issues at that time related to the dry buildable area of the lot (which was created in 1978 under the current 2 acre regulations) and the fact that the property contained significantly more wetlands than had been indicated at the time of subdivision. The wetlands and lot area are not an issue with this application. As of this writing, staff has received no comments from any of the property owners, including the DNR. Staff Recoonendation Please review the hardship and unusual property con^’^-'ons statements presented by the applicants. This site is defi >ly constrained by the topography and alternate drainfield sitt. and the proposed additions are definitely located so as to have the least impact on and be least impacted by the site constraints. If Planning Commission feels the hardships and unique site conditions presented justify the granting of the requested setback variances, a recommendation for approval would be appropriate. I P ri'” CITY OP OLOHD - VARIAHCB APPLICATION Initial Application Fee $175.00 ($50.00 pe ■ each additional variance) Renewal Vafci. ince Fee $100.00 (no chan^from After-the-Fact Fees 4-': i original application) ji s (Double application ree) M -a jL PROPERTY LOCATION Site Address \^ZO TANl^LE^W^OP KCAD_ _ _ _ _ _ _ _ _ _ _ _ Property Identification Number (P.I.D.) 2jb 11 82.33 ^ OOIO ... COOi mjiO:, Attach legal description to application if not included on required survey. APPLICANT Name aU6AMiCA Phone (home) ^*46-0^4-^- Phone (worlc) 31 ^ -303~7 MUUf=nMaeJ?AKOMiTe/STS Address; 1501 UMlVEfg.aiTf AVE. gSB City; MlKJMgAPQU5 Zip; OWNER (if different than applicant) Phone (home) ______ Name f^ce>'Y 4-JASJg TMOMPOOkI Phone (wor)c) Address; ZZi>Z W. LAKE OF0t-V PCity; MIMK1EAPOU5 Zip; S5^Q3 Date Property Acquired _____lO ______________ (month/year) I (do^no^ also own the adjacent parcels of land PRESENT USE OP PROPERTY Present Zoning District \& Present Use of Property PAM IUV_ _ _ _ _ _ _ _ _ _ _ _Other (specify) Residential DESCRIPTION OP REQUEST Estimated Construction Cost $ A-0> OOP Describe request in doitail; PLEA3B ATTAOi-j^iD ---------------------- VARIANCES REQUIRED Lot Area Setback Variances ( Other Lot Width Front _ _Hardcover Side Rear) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; PLEASE 3EE. A'TTA<!2i-4gP_ _ _ _ _ _ _ __ DBSCRIPTION OP DNDSDAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements; PLEASE, agg ATTACMBO_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ REQUIRED SUBMITTALS 1.Completed Application Form 2.Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3.Plat Map (obtained with property owners list). 4.Certificate of survey (signed by a licf 1 surveyor) to include hardcover calculations as required. 5.Topographic survey (existing and proposed elevations)if any changes in existing grade are proposed. 6.Sketches or plans of floor and elevation views. 7.As an addendum to this application,please attach a separate list of any other persons you wish notified of this application. 8.Additional items as may be requested by City staff. YOU ARE REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR_ _ A WORKING COPY (ll" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. 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. Certification by Clerical Department that Variance Application is complete. Initialed by 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 consultant expenses incurred in review of this ^plication, and certifies that the information supplied is true and correct tg thg/best^of his/her knowledge. Applicant's Signature Date w5/;2Z/?g ’ OWNERS SIGNATURE The owner hereby ackowledges 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 investiga tion and verification of this request Owner's Signature Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. I I ) {Z) (2) #1 { I ) ( I ) RUN DATE 05/22/90 BATCH 002 PROP ADDR OHNER NAHE TAXPAYER NAHE/ADOR PROP ADDR OHNER NAME TAXPAYER NA''£/ADDR PROP ADDR OHNER NAME TAXPAYER NAHE/ADDR PROP AOOR OHNER tlAHE TAXPAYER NAHE/ADOR � 26-118-23 31 0002 00038 ADDRESS UNASSIGNED DUNCAN N DAYTON DUNCAN N DAYTON 630 INDIAN HOUND HAYZATA..... 55391 38 26-118-23 32 0010 01520 TANGLEHOOD RD RC JR & JS THOHPSON ROBY C THOHPSON JR 1520 TANGLEHOOO RO LONG LAKE f'l-4 55356 38 26-118-23 32 0014 01460 TANGLEHOOD RD J H BOLTE & J SIMONTON BOLTE JERRY H BOLTE 1460 TANGLEHOOO LONG LAKE t1N 55356 80 26-118-23 24 0002 00080 ADDRESS UNASSIGNED DUNCAN N DAYTON DUNCAN N DAYTON 630 INDIAN MOUND HAYZATA t'fl 55391 HE�EPIN COU-,TY PROPERTY INFORHATION SYSTEH PROPERTY M-,fRS LIST REPORT NO. PI435401 38 26-118-23 31 0011 01075 KNOLL HANOR RD GD CLEVFLANO & K CLEVELAND GEORG£ & KATHLEEN CLEVELAND 1075 KNOLL HANOR RO LONG LAKE MN 55356 38 26-118-23 32 0011 01530 TANGLEHOOD RD A J CECIN & DC CECIN ANTONIO J & DIANE C CECIN 1530 TANGLEHOOD ROAD ORONO t·1'4 55356 38 26-118-23 32 0016 00038 ADDRESS UNASSIGNED WAYNE A HILLER ET AL TANGLEHOOD HOMEOHNERS ASSOC 1520 TANGLEHOOD RD LONG LA'<.E HN 55356 TOTAL BATCH 002 00010 38 26-118-23 31 0012 01100 KNOLL HANOA AD PAGE Z D E KINGtw-4 & R A KINGMAN DE KINGMAN & RR KINGMAN 2436 HuttBOLDT AVES HPLS t'1'4 55405 38 26-118-23 32 0013 01550 SIXTH AVE N J f ANO AH lAHRENCE JAMES f LAHRENCE 1550 6TH AVE N LONG LAKE tfi 5535 80 26-118-23 23 0001 00080 ADDRESS UNASSIGNED DEPT Of NATURAL RESOURCES DEPT OF NATURAL RESOURCES 1200 HARNER RD ST PAUL HI� 5510 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESEtffATION OF INFORMATION AS lT APPEARS THIS DATE ON THE RECORD OF THE HHl�EPHI COUNTY DEPARTM,EN1 OF PROP�¥J;( TAXATION� TQ.. THE BESTOF HY KNOHLEDCE ANO BELIEF. ·--..: 1520 Tanglewood Road P.I.D 2611823320010 DESCRIPTION OF REQUEST When this house was built, back in 1979, a variance was granted allowing the house to be constructed 20' from the north lot line, where a 50' setback normally would have been reauired. The variance we a:e requesting is to renew this variance, al owing two additions to the house to be constructed, one extending the north and west fares of the house to complete the corner, and the other adding a small curved bump out to the west face of the house which encroaches on the required 50' rear setback by 5 feet. (Please see survey). There will be no disturbance of the septic tanks or soils by the proposed additions. HARDSHIP The original variance was granted on this property because of extremely limited septic soils due to the slopes and wetland area. Approximately one third of the existing house is located within the required 50' rear setback, making any additions to this area impossible without a variance. Because of the peculiar shape of the property, almost any addition to the north or west of the existing house would require a variance. When Dr. and Mrs. Thompson purchased the property they were given a certificate of survey showing the house located square to the north property line, and were not notified of the variance granted in order to build the house in its current location. Thus they were unaware of any limitations related to the north property line. As their architect, I was aware that we needed to stay 30' away from the point on the west property line at which the site bumps out to the northwest, and designed the westerly addition with this in mind. DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Due to the peculiar shape of this property, and the location of the existing house with respect to property lines, as noted above almost any addition to the house would require a variance. To the south of the existing house, there is an area of significant slope, with wetlands below. To the east Is the secondary drain field, and the driveway, which cannot be relocated due to this drain field. To the north, as discussed, the house is built within the designated setback a^.. And to the west, due to the unusual shape of the site, there is the appearance of space but 90% of it Is in the designated setback area. (See diagram below.) -+-1--------------------"'....-- -____ ..... --�I � I AL-'T. -I �IC' �t-1Fla.P \ -----.:_\ - --... ' ...._ ..__ ._ - J-- --� ,.,-- - - \ -�----:?'--t----------------< ---...._ -i --- � t- --�-------) ---........_ --- I �I -. - -- - \ \ u.l 01 i, _J I -SITE PLAN 5H0Yv/NG CON6TRhlNI5 p- 1.\ i .■23 • • '■ /-i' '# .ONlNi; VARIANCE ATPLICATION CITY OF ORONO ,,n **.»«y. **<""»**«•-.#/!-7Q I— I • »> TTST OF EXHIBl 1. 2. 4. 5. 6. 7. 8. PROPERTY address - U,,.i ^..erlrtl*. .K.n V* .ho-. o« .tt.ch.- Uhfill JLrj.j .••rrir.i—• •• - ^ applicant - , frr^ // I.3t <’6 /^A/« fjllt. If «|^tlcai.« t* » o—*.r, LIST OF E3CHIB1TS i ftrtirinf I AftlUMlM * I 8 —« UM I 2^ CsrttriMt* «f »«»•? ^ fM Bai« RM«t««8 ^ -^/ •* ^7 I ‘ f ^ .tf lh- 3.OWNER mlttnl S/^7?*(dorfd"^Ir2?sr^»n other .dJacenT ^tcels of l.nd agent ---------------- Milllnt 0—rV / NOTICES V..Mt e*j __L_ preseot zoning use district ---£ R - / d. PRESENT USE ^ ---------------------------------------------------------- u~i ^►■•>«■«<•>--------•"*'''«'•>-------- describe request estimated CO^TOI^IOM c^r i ^ Describe request in detell: /Vve.rr /er.^e.-eJS-^e;.. / v.u, /■■.•v.eee,, / .. sr^r ice r, ,. .r.- /r ^/ * ^ -------- 9.VARLANCE(S) REQUIRED «. a. .k. V' .__« Lot Vt4tk \ Socbock ( - froht —Mor) OthMt 10.Describe UNUSUAL PROPERTY CONDITIONS zj:vr/7 Describe'UND~UE hardship or PRACTICAL DIFFICULTY ~-»*«s »"• •«'••« -•—• •• —“• . -ytr ^'rr /Vg>» __rogut.tloo. /4r /-------z—LlJL-------- - 7/^Je-rj4yrvtt. Trrrr., Jy,rr.,r >r\.4.rtrhf 12.Describe EFFECT OF PROPOSED WORK Mi«hfc.ru« pt*p»Ttx- »m4 m ^ MithkorWi u t«.o»*ii U\^c/^ec^i U ^ ■Vji^ CITY OF ORONO USE n-ANNINC STAFF CO^'^^ENTS & RECOMMENDATIONS EXHIBIT 6 P«g« I KREPARED FOR: a—•-•o" *^*»‘'‘* BY:— #4jie APPLICATION REVIEWED BY: ____ City ___ City lk«tori*»y ____ ei«y yU»»i*«r ^ SDolny A<totnl««r«tor y«rk yMkltc Marks OoerdinstM yMkltr lafaty Dlraetof riitanra Dtrsctar ryi* Cty. BOt l/>an<tw lr.»p*«»of Ii*sy»rtor SPECIAL COMMENTS f f I<y: /f7t .it ii'y^aairf -■■’'"tI < -s** il ftATT^ ? Sa^-josJL^-^ .J,—^ <» Ag f/<•**' ^ y —/iax —.r— STAFFVRECOMMENDATION MEETING or THE ORONO COUNCIL, APRIL 24,19 79 The Chaiir..in wanted to note for the Council that it WAS the consensus of the majority that the proposed project is more esthetic and functional than existing situation.Dissenting vote, McDonald. Could not approve the application because it involved grading and filling within 75* of lakeahore ana the cement slab noted in nemo in reality is a cement seawall. Absention, Hurr. Conditional use permit is part of an overall project (marina license application) that ia still pending. Council Meetine - April 24, 1979 Mayor Van Nest moved, Butler seconded, to approve the conditional use permit request of Windward Marine, 1444 Shoreline Drive, per the Planning Commission recommendations and subject to approval of the City Engineer. Motion, Ayes (4) - Nays (0). Mayor Van Nest moved, Butler seconded, to approve the variance request of Thomas Anmerman, 3458 North Shore Drive, per the Planning Commission recommenda tions of April 2, 1979, subject to a five foot sideyard setback on the northeast per Exhibit 8, and exterior storage to be placed into new garage. Motion, Ayes (4) - Nays (0). Page 16 CONDITIONAL USE PERM 1444 Shoreline Drive (Continued) . 1 VARIANCE 3458 North Shore Oriv 1468 Thomas Anmemaa Butler moved, Hurr seconded, to approve the request for a variance of Peter H. Rennebohm, 1520 Tanglewood • Road, per the Planning Commission recomnendations of a 30 variance (for 20 ft.rear setback) finding hard-reterR( ship vnf topography and limited drainfield site subject to septic system and well location per septic inspector’s recommendations and no building permits until the Tanglewood Road construction standards provide permanent all weather access. Motion, Ayes (4) - Nays (0), VARIANCE 1520j^nglewood Road Renneboha °Iys to".1979.Motion, Aysa (4) - RESOLUTION #1026 Good Shepherd Church /< t^. V7 , I V ’• \ 4'/ Cttl; l^-, li. !v>'®>1 /■%■■'] 1o|i ' ku , X»«v* •< 0 ;■ t'^l-«.• / S 5' /i \ id MINUTES OF A PI-ANNING COMMISSION MEETING HELD ON APRIL 2, 1979 Pag# A It was stated that If the garage was constructed only 3' from the property line a one-hour firewall would have to be constructed and the construction cost would Increase greatly.In further discussion, Mr. Ammerman was asked If he would be willing to place the garage 5' from the property line and he agreed that would be acceptable. Hannah moved to approve the variance application for a 5' side yar’ setback contingent on the exterior storage code being reviewed before Issuance of the building permit and at final Inspection compliance with the zoning code requirements for exterior storage. Motion seconded by Adams. Vote: Ayes (7), Nays (0), Motion passed unanimously. Mr. Rennebohm and his contractor, Mr. Hlrsch, were present, 'his property Is part of the Lawrence Plat which was approved In April, 1978. No problems with wetlands were noted at that time, however, the wetlands are quite extensive. The original request was for a 20' variance to the rear setback, but staff is now requesting a 30' variance so as not to interfere with the alternate dralufleld. Hurr moved to approve the 30' variance request to a 20' ear setback considering the primary and alte le drainfield locations but expressing concern for the lack of two acres dry bulldable land. Motion seconded by Hannah, Vote:Ayes (7), Nays (0). Motion passed unanimously. THOMAS ;iAK 3458 North ^h^ra Dr VARIANCE #468 (Cont.) PETER RENNEBOnt 1520 Tanglewood M. VARIANCE #470 Meeting adjourned at 11:00 P.M.ADJOURNMENT Mayor Grabek & orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Fron: Date: Subject: COmolL MEEWG/iL JUL 9 i990 I (J Jea. ne A. Mabusth, Building S Zoning Admin'J^trat<8”Cf^3 June 14,1990 #1543 Richard Reed, 1000 Old Long Lake Road - After-the-fact Variance - Public Hearing Zoning District - RR-IB Pertinent OrdinMce - Section 10.03, Subdivision 15 (C) - Monuments in excess of allowed 3 in height require height variance approval. Allowed = 3 *5' Proposed = 5' Variance = 1 *5 or 43% List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Photos of Stone Pillar Exhioit E - Certificate of Survey Review of Application - In tie summer of 1989 the Public Works Department noted the construction of a pillar on the subject property that appeared to be in the 66' right-of-way of Old Long I '.ke Road.Old Long Lake Road is not a platted dedicated road.10' of the traveled road encroaches the Reed property.The zoning staff was asked to flag the property with a Stop Work Order so that the matter could be resolved.It was the Public Works Director's original posi'iion that although Old Long Lake Road encroached the property through a perscriptive easement based on the number of years the road had existed and had been maintained by the City,chat the City could lay claim to the traveled road in addition to additional right-of-way required for maintenance purposes.The Public Works Director asked for further review by tUe City Attorney's office.The Attorney advised that the property is torrens and that the City had no legal claim to the road via a perscriptive easement and at the most, the City could claim an interest in the 10' of traveled road that intersects the property and additional right-of-way for purposes of maintenance. In recent discussions with the Public Works Director, he has asked that the pillars be no closer than 10' to the traveled road. 1Zoning File #1543 June 14, IS90 Page 2 of 2 The applicant proposes the installation of four pillars to be installed at the entrances of each curb cut (review Exhibit E), The pillars will be approximately 5' high and 2'3"x2'3" square. The existing pillar has been placed 10' off the traveled road. Upon an inspection of the site, the pillars would appear to create no hazard to the public who use the roadway as they are positioned behind mature, natural screening. Unfortunately staff is unable to locate plan drawings referenced by applicant in his previous correspondence with the Public Works Director, but we have been able to locate the photographs and the survey. Mr. Reed has since advised that he had no formal plan drawings but will provide elevations at our meeting. Options of Action - A)Denial. If denied, please refer to the necessary findings within the variance sections of the code; or B)Approval, allowing the pillars to be installed at the entrance of each drive to be placed at a minimum of 10' from the traveled roadway for Old Long Lake Road. Additional run nt n and Planning CoBBisslon Reconendation Additional Exhibit F - Elevations of Monument and Fencing At the Planning Conunission meeting, the applicant submitted the elevations of proposed monuments and fencing within the street yard. Exhibit F. Fencing will not exceed total height of 3-1/2 feet measured from existing grade. Fencing will link the two inner monuments for a distance of approximately 40'. There was little discussion with the Planning Commis'*'ion's review of this application and unfortunately the vote ended with a split j to 3 vote providing Council with no clear direction. Options of Action Options of action remain the same as set forth for the Planning Commission's review. Please provide necessary conceptual direction for staff so that the appropriate resolution can be drafted and brought back to the July 23rd meeting for formal action by the Council. ' r . CITY OP OROHO - VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee) #1543 PROPERTY LOCATION Site Address___1000 Old liOnq l^ke Road, Wavzata, MN 55391 Property Identification Number (P.I.D.) 35-118-13-0003 Attach legal description to application if not included on required survey. Cirr OF r APPLICANT Name Richard C. Reed Phone (home)473-5049 Phone (work ) 338-5819 Address; 1000 Old Ixing l^ake Road City; Wayzata, MN Zip; 55391 OWNER (if different than applicant) Name Phone (home) Phone (work) Address:City;Zip; Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT OSE OP PROPERTY Present Zoning District Residential Present Use of Property Homestead Residential Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $ 500.00 Describe request in detail; To allow split-stone pillar to be built at a height 60 inches. VARIANCES REQUIRED _ _ _ Lot Area Setback Variances ( Lot Width Front ____ Hardcover Side Rear) Other To allow split-stone pillar to be built at a height of 60 inches. HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: None._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements; None._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ REQUIRED SUBMITTALS 1.Completed Application Form Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. SJcetches or plans of floor and elevation views. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8.Additional items as may be requested by City staff. 2. 3. 4. 5. 6. 7. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR A WORKING COPY (11" X I?" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. 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. Certification by Clerical Department that Variance Application is complete. Initialed by 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 consultant expenses incurred in review of this application, and certifies that the informati^ * supplied is true and correct to,the best of his/>^r Jcnowledge. Applicant's Signature / Date 0 ONNERS SIGHATDItE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council membep^ for purposes of investiga tion and verification of thljfe request. Owner's Signature Date ^ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting.Planning Commission Meetings are held on the third Monday of each month.Applicants must be present at all scheduled review meetings of the Planning Commission and Council.If an applicant is unable to attend a scheduled meeting, please ma)ce arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 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'i : .l ·- •,, \ . .'. 2 ( 'l � 1 t ..) .. ••1 • J -, <>' I :_ tI•• \I •• ... , j I 1; 1 •, ' I : 1 ,4 4‘.-rijr rW' 'ill COUNCIL P/IEEiiNC JUL 9 1990 riTV QF OROf’O y c Mayor Grabek & Orono Council Members City Administrator Bernhardson Froa: Date: Subject: Michael P. Gaffroh, Asst Planning & Zoning Administrator July 3,1990 #1544 Roger & Becky Berry, 1392 Baldur Park Road - Renewal Variance/Conditional Use Permit - Resolution Application - Request for renewal of variances and conditional use permit granted in 1989 for construction of new residence. List of Exhibits Exhibit A - Proposed Resolution Exhibit B - Notice of Planning Commission Action Exhibit C - Memo & Exhibits of 6/14/90 Discussion - The applicants request a renewal of the 2' average lakeshore setback variance and hardcover variance granted in 1989, as well as the variance/conditional use permit for grading within 75' of the lake in the driveway area. Planning Commission reviewed this on June 18th and recommended 6-0 to approve,finding no changes in the proposal, and finding that the originally approved findings and conditions still apply.The applicants noted that as their plans are refined, they may end up decreasing the size of the house. Staff Recononendatlon - Staff would recommend approval per the Planning Commission recommendation, per the attached resolution. I A RE£:OLOTIOIi GRANTING REl!IViU. VARIANCES TO NONICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 S 2 AND SECTION 10.55, SUBDIVISION 8, AND GRANTING A CONDITIONAL USB PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE #1544 WHEREAS, Roger and Becky Berry (hereinafter ”the applicants") are the owners of the property located at 1392 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as follows: Lots 17 and 18, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have made application to the City of Orono for renewal of variances previously granted to permit construction of a new residence to repl'*'''e the existing residence on the property, requiring a variance to Municipal Zoning Code Section 10.22, Subdivision 1 to permit a 2' encroachment past the average lakeshore setback line where no encroachment is normally allowed, and a variance to Section 10.22, Subdivision 2 to allow hardcover in the southerly 0-75' and in the 75-250' zone in excess of the hardcover normally allowed in those zones, and for a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 and variance to Section 10.55, Subdivision 8 to permit the regrading of portions of the property located within the 0-75' lakeshore setback zone where no grading is normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1.This application was reviewed as Zoning File #1544. 2.The property is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3.The property is approximately 0.71 acres in area. Page 1 of 6 4.The Orono Planning Commission reviewed the original application #1363 on January 17, 1989 and February 21, 1989, and recommended approval of the applicants' revised request for variances and a conditional use permit based on the following findings: A)Hardcover is being totally removed from the northerly 0-75' zone and is not increasing in the southerly 0-75' zone. This is a substantial benefit to the property and to the neighborhood in regard to quality of runoff entering Lake Minnetonka. B)The hardcover increase in the 75-250' zone from 26.5% to 31.9% is justified by removals in the 0-75' zone, which yield a reduction from 8.8% to 0% hardcover in the northerly 0-75' zone. All of the proposed hardcover is necessary to preserve the substantial property rights of the owners in developing this property. C)The average lakeshore setback encroachment of 2' is appropriate given that the actual views of the lake enjoyed by neighboring property owners will substantially increase as a result of removal of the existing house. Furthermore, encroachment of the proposed house past the average setback line is necessary to preserve an existing macure oak tree on the property without redesigning the proposed residence. D)The variances requested are consistent with variances granted for upgrade of other residences in the Baldur Park neighborhood in recent years. E)The unique elevated nature of the property in relation to the surrounding properties, suggests that the residence must be located near the highest elevation and further from the road in order to benefit from the northerly view fo the lake, and therefore requires a longer driveway with its associated hardcover. Page 2 of 6 F)Granting of the conditional use permit and variance for grading in the 0-75' zone is necessary to allow applicant to fill in the excavation that will remain after the existing house is removed, with a blending in of the grade to existing contours. The applicants have revised the house plans so that their walkout concept can be developed without the need to change grades from those naturally occuring in the northerly 0-75' zone. In the southerly 0-75' zone, minor grade changes to reconstruct the driveway are necessary to provide a safe and low-hardcover access to the property. 5.The Planning Commission reviewed application #1544 on June 18, 1990 and on a vote of 6-0 recommended approval, finding no changes proposed from the approval granted in Resolution #2587 adopted March 13, 1989. 6.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 properties; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 7.The City Council finds that granting a conditional use permit for the proposed grading in the 0-75' lakeshore setback zone will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will 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. Page 3 Oi. 6 ,L... CONCLUSIONS, ORDER AMD CONDITIONS Based upon one or more of the above findings, the City Council hereby'grants a variance to Municipal Zonin^g Code Section 10.22, Subdivision 1 to allow an encroachment of 2 past the average lakeshore setback zone where no encroachment is normally allowed, and grants a variance to Section 10-22r Subdivision 2 to allow hardcover of 25.1% in the lakeshore setback zone where no hardcover is normally allowed, and allow 31.9% hardcover in the 75-250' setback zone where only 25% hardcover is normally allowed, and grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 and a conditional use permit per Municipal Zoning Code Section Subdivision 19 to allow regrading of the yard areas in ^h® C)-75 lakeshore setback zone where filling and grading is normally allowed, subject to the following conditions: 1.Construction shall adhere to the site pan attached to this resolution as Exhibit A. 2.All hardcover in the northerly 0-75' lakeshore setback zone shall be removed.In the southerly 0-75 lakeshore setback zone, the existing detached j’® f®"'®’'®? and the driveway shall be reconstructed in a manner such that hardcover in that zone shall net exceed 1,893 s.f.In the 75-250’ zone, hardcover shall not exceed 31.9% or 4,9 s.f. The existing detached garage and hardcover surrounding it shall be removed, and a third garage stall shall be attached to the proposed residence per the site plan. Exhibit A. 3.Per applicants' revised proposal, the grading in the northerly 0-75* zone shall be limited to that work necessary only to bring that excavation remaining from the ’^,®'J°^®^ residence back to pre-existing grades conforming shape and slope of the pre-existing topography. No cuts in the 0-75' setback zone have been approved for creation of walkout. In the southerly 0-75' zone, grading is allowed as necessary to minimize the length and slope of \‘>®,'*^i^®':'®y ®® v'?^0-75° the hardcover associated with it. All areas i- • 0 75 zone shall be immediately seeded or sodded aft^-•.etion of grading, and all grading work on the props." ;,.-> i oe subject to erosion control measures as may be 'ea i.y the City. Page 4 of 6 4.The applicant is advised that no additional hardcover will be allowed on this property in excess of that granted with the current variance request, but any future proposal to add hardcover on the property might be approved onl^’ in conjunction with concurrent removals of existing hardcover, resulting in no net increase in hardcover on the property. 5.Applicants are further advised that the traveled portion of Baldur Park Road extends within the property boundaries nd the City may at some future date request additional right-of-way to accommodate that roadway. (Granting of additional right-of-way is not a condition of the current variance approval.) 6.Authorities granted by this resolution run 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 the special conditions of this resolution will expire on that date (July 9, 1991). 7.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. 8.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. July, ATTEST: Adopted by the Orono City Council on this 9th day of 1990. Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 5 of 6 CITY OF ORONO P. O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #1544 NOTICE OP PLANNING COMMISSION ACTION Date of Notice:June 21,1990 TO:Roger & Becky Berry 1392 Baldur Park Road Wayzata, MN 55391 COPIES TO: TYPE OF AT»>LICATION: Variance (Renewal) Conditional Use Permit (Renewal) DATE OF MEETING: June 18, 1990 VOTE: 6 For 0 Against Planning Commission recommends the following: Approval as submitted NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as City Council, Monday, July 9, 1990; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission rinutes, they are available from the City Recorder after review and approval by the Planning Commission. __ Planning Commission Chairman Kelley Oronj Planning Commission Members City Administrator Bernhardson 13 From: Michael P. Gaf:ron, Asst Planning & Zoning Administrator Dates June 14# 1990 Subjects #1544 Roger & Becky Berry, 1392 Baldur Park Road Renewal Variance/Conditional Use Permi*- - Public Hearing Zoning District - LR 1C, ;iingle family lakeshore residential, sewered, 1/ acr»- Application - Application request for renewal of variances and conditional use permit granted in 1989 List of Exhibits Exhibit A -Application Exhibit B •Plat Map Exhibit C -Property Owners List Exhibit D -Resolution #2587 with Approved Site Plan Pertinent Facts - 1.In 1989, the applicants were granted a 2* average lakeshore setback variance, hardcover variances, and variances for grading within 75' of the lake. Applicants are requesting renewal of these variances and conditional use permit. 2.“applicants propose note that the f Applicants have n;. Discussion san ^otprint and site plan, but ay -d up decreasing in size, ded a revised set of plans. Please review the findings and conditions of Resolution #2587, attached. The conditions regarding hardcover and grading on the property are quite detailed, and Planning Commission :vay recall that the originally proposed excavation to create a walkout, was denied. The final approved site plan is attached as Exhibit A of the Resolution. Staff Reacomaendation Staff would recommend approval of the requf and conditional use permit per the conditions Resolution #2587. id variances stated in /%r>- CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee) #luC-4 ] P IPERTY LOCATION Site Address Property Identification Number (P.I.D.) --------Uli Of uRi^O 01 lER 100.00 iASI ft ldl>M Attach legal description to application if not included on required survey. APPLICANT Neune Phone (home) ^7/' o<?cr Phone (work) Address: J\37^ /^A AU City:or^o Zip: S^3f^ OWNER (if differenc than applicant) Name Phone {home) Phone (work) Address:City:Zip: Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Present Use of Property _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ <^6iO. OOP Describe request in detail: iQ^ryzi^s^/ Q-f- l/sr/'^AC^ y 1/6^ VARIANCES REQUIRED Lot Area Lot Width Setback Variances (\y^ Front Other \/^ Hardcover Side Rear) EARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ REQUIRED SUBMITTALS 1. ■ Completed Application Form Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required. Topographic survey (existing and proposed elevations) if any changes in existing are proposed, S)cetches or pl-r“ of floor and elevation views. As an addendum to this application,please attach a separate list of any other you wish notified of this application. 8.Additional items as may be requested by City staff. 2. 3. 4. 5. 6. 7. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR A WORKING ''OPY (aI* X '7- OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. 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. Certification by Clerical Department that Variance Application is complete. Initialed by 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 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 7 Date OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Comm.^ ssion members, and Council members for purposes of investiga tion and verii .cation of this request. Owner's Signature Date n>?v5~~ 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. 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M X M a a«5==so a M o o oa o 5 a N O' _i M o a UI u C" a 2S5§ r Q< B aS^< B < Ui Ui K p i oe o B < 111 OF ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2587_ _ _ _ _ _ A RBSOLDTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 142, AND SECTION 10.55, SUBDIVISION 8, AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE NO. 1363 WHEREAS, Roger & Becky Berry (hereinafter "the applicants") are the owners of the property located at 1392 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as follows: Lots 17 and 18, Block 1, Baldur Park, Hennepin County, Minn-:?sota (hereinafter "the property"); and WHEREAS, the applicant has made applicatio: to the City of Orono to permit the construction of a new residence to replace the existing residence on the property, recuiring a variance to Municipal Zoning Code Section 10.22, Subdivision 1 to permit a 2' encroachment past the average lakeshore setback line where no encroachment is normally allowed, and a variance to Section 10.22, Subdivision 2 to allow hardcover in the southerly 0-75' and in the 75-250' zone in excess of the hardcover normally allowed in those zones, and for a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 and variance to Section 10.55, Subdivision 8 to permit the regrading of portions of the property located within the 0-75' lakeshore setback zone where no grading is normally allowed. Minnesota: NOW, 1.,. ,ORB, BE IT RESOLVED by the City Council of Orono, FINDINGS 1.This application was reviewed as Zoning File #1363. 2.The property is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3.The property is approximately 0.71 acres in area. 4.The Orono Planning Commission reviewed this application on January 17, 1989 and February 21, 1989, and recommended approval of the applicant's revised request for variances and a conditional use permit based on the following findings: Page 1 of 6 City of OROIVO RESOLUTION OF THE CITY COUNCI L NO. 2587__________ A)Hardcover is being totally removed from the northerly 0-75* zone and is not increasing in the southerly 0-75* zone. This is a substantial benefit to the property and to the neighborhood in regard to quality of runoff entering Lake Minnetonka. B)The hardcover increase in the 75-250* zone from 26.5% to 31.9% is justified bv removals in the 0-75* zone, which yield a reduction from 8.8% tc 0% hardcover in the northerly 0-75* zone. All of the proposed hardcover is necessary to preserve the substantial property rights of the owners in developing this property. C)The average lakeshore setback encroachment of 2* is appropriate given that the actual views of the lake enjoyed by neighboring property owners will substantially increase as a result of removal* of the existing house. Furthermore, encroachment of the proposed house past the average setback is necessary to preserve an existing mature oak tree on L.he property without redesigning the proposed residence. D)The variances requested are consistent with variances granted for upgrade of other residences in the Baldur Park neighborhood in recent years. E)The unique elevated nature of the property in relation to the surrounding properties, suggests that the residence must be located near the hiorhest elevation and further from the road in order to benefit from the northerly view of the lake,^ and therefore requires a 1 onger dri v eway with its associated hardcover. F)Granting of the conditional use permit and variance for grading in the 0-75* zone is necessary to allow applicant to fill in the excavation that will remain after the existing house is removed, with a blending in of the grade to existing contours. The applicants have revised the !iouse plans so that their walkout concept can be developed -..-ithout the need to change grades from these naturally occuring in the northerly 0-75' zone. In the southerly 0-75* zone, minor grade changes to reconstruct tne driveway are necessary to provide a safe and low-hardcover access to the property. Page 2 of 6 CITY OF ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2587_ _ _ _ _ _ F The City Council finds that the conditions existing on this Lt adversely affect hazard or other danger to °4s^Yec«^ to alleviate a as a convenience to the necessary to preserve a demonstrable hardship or ^ and would be in keeping witrthe^SFiri?4n7 indent of the Zoning Code and Comprehensive Plan of the City. 6.The City Council finds that |ranting a^condition^^^^ allow the proposed grading in the ° oeneral welfare of the not be detrimental to the heal-h^air'nor pose a fire hazard rr"othW“Tange4\o‘^n^fgh^o^i'ng^p Zoning Code and Comprehensive Plan o^ the City. CONCLUSIONS, ORDER AND CONDITIONS Zoning Code Section 10.55, Subdivision a allow regrading of Municipal Code Se^ion 10.03^ .one where filling and graVnV is’no^lly no? allowed? subject to the following conditions: 1.construction shall adhere to the site plan attached to this resolution as Exhibit A. Page 3 of 6 CITY OF ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2587__________ Ml hardcover in rhe ^oTe.^^’fhi be removed. In the southerly the driveway shall be existing detached garage ""^^^dcover in thft zone shall notnr.ivr.%1 .^v• attached to the proposed residence pe. -he s F 3.Per applicants ""^a” work^LIUtln' o"a'^\o °bri^ :^;artloffe^aL^n\^^Vo^^-he “removed res ?o%%^|r\ph??^°N^”^7ts’'-in\h\^^C-75?^^ethach zcnl have been approved for creation of a walkout. in the southerly 0-75' as°wel 1 Vs the*h\^rdcover minimize ^be length and slope o th^ o-75'^zone shall be immediately associated with it. All areas aradino, and all grading work on ire‘'frore/ty'sta?iTe sub'jecV to e'rosicn Control measures as may be required by the City. 4.The applicant is advised that tL\°a"n%^°regtUr°b'uV-;"fu"u%"y ^hl^IcfvL-^^^Liring-ir^rn^fon the Property. 5.Applicants are further advised t^at the t^veled^p^^^^Bal^ur Park Road extends within ^t-of-wav to accommodate that some future date Ju^^.^r^aris not a condition ofroadway. (Granting of additional right-of way is the current variance approval). 6.Authorities granted by this must-be* lxerlised"by with the owner, but are permissi -ng year of the date of application for a building permit resolution will CoLcil approval, expire on that date (March 13, 19°0). 7.Violation of or a-^icn^of "t\e"z^oning Code, of this resolution shall °^“^anted herein, and shallshall automatically terminate any authority granted nere be punishable as a misdemeanor. Page 4 y.f 6 CITY OF ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2587_________ 8.The undersigned ,^^his® terms of this «%°/“V°%e"eby agrees to the recording of this ^e%=o^^;Uo;%n"the “rht!n^of ^Ui%^f ^the property. MOP..J b, bh. Obbbb City c. .=11 =. bbl. IJbb a.y =1 ».b=b. 19?9 ATTEST: , / Properry OvmeT*(s ) STATE OF MINNESOTA COUNTY OF HENNEPIN ss. The "forecoing instrument was achnowledged^before me on this.1.^ ^-.reaoing insrrumci*w - - -by James R. Grabek & day of A^lA(^C.h\- ---——-—■■■j City of Oronof a Minnesota Dorothy M. Hallin, .^®y°^,*^^^^,-j,st-ument vaa executed on behal- of t emunicipal corporation and said ins.^umen k JrClr//h HEFFLER My ecr-misfp*' Commission Expires page 5 of 6 CITY OF ORONO City of OROIVO resolution of the city council NO. ^587----------------- STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. dav of P/lo.raK . for said cw&in^nd tor saxd be his !their) free act and deed. viY COMMISblUN EXPIRES STATE OF MINNESOTA ) ) ss. COU vTY OF HENNEPIN ) 9 ...... ... — ” - (their) free act ard deed. ^ On a HENNEPIN CO'JNTY My oan¥niatton «xpu«a NOTA TILie my commission i;A.“iKx.o Page 6 of 6 •■I I — — '—^ ^ ^ ']■..............................................X“iT-1-" - —-■.-----T --------' X *T *^ - ^ ^ RMt&(T~ A ^CiCtL , A*o. 2.SB1 " »* p-mct^€ a^_aAiO AS^ -^----------‘Vo - ■“ Vj.V—--------- ^ZA^J Mayor Grabek & Orono Council Members City Administrator Bernhardson CGUfiCIL ?/IEEiiN6 JUL 9 1990 niv HF ORCf’O Proa:Michael P. Gaffron, Asst Planning £ Zoning Administrator Date:July 2,1990 Subiect:#1546 Scott Prochnow, 4075 Highwood Road Renewal Variance ~ Resolution Zoning District - LR-IB, Single family lakeshore residential,1 acra, sewered /6 Appl^ List o" 1 - Request for renewal hardcover variance to construct 1 garage bius Exhibit A “ Resolution . /on Exhibit B - Planning Commission Notice 6/21/90 Exhibit C - Memo and Exhibits of 6/14/90 Discussion The applicant is purchasing this property from the who had been granted a hardcover and setback variance for additions and a detached garage in 1S86. The Akerberg's constructed the residence additions, but never built the garage. The applicant is proposing to construct a garage of the same size and location as proposed and approved previously. Planning Commission reviewed this application at their June 18th meeting, and recommended 6 to 0 to approve as proposed. Staff Recoflusendation Staff recommends approval per the Planning Commission recommendation per the attached resolution. A RESOLUTION GRANTING A RENEWAL VARIANCE TO HUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE #1546 WHEREAS, Scott Prochnow (hereinafter "the applicant") has an interest in the property located at 4075 Highwood Lane within the City of Orono (hereinafter "City") and legally described as follows: Lot 11, Highwood Lake Minnetonka, Hennepin County, Minnesota; (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for renewal of a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a detached garage, which garage wj.ll increase hardcover in 75-250' lakeshore setback zone to 35.9%, where only 25% hardcover is normally allowed, such variance originally granted per Resolution #1991. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1.This application was reviewed as Zoning File #1546. 2.The property is located in the LR-IB Single Family Lakeshore Residential Zoning District. 3.The Orono Planning Commission originally reviewed application #1021 on April 21, 1986, and recommended approval of the proposed variance based upon the following findings; A)The proposed garage will replace an existing c rage which is 1.7 feet from the side lot line and 4.1 feet from the street lot line; the new garage will be located to meet the side setback requirement and nearly meets the required street setback requirement; and the new garage opens to the side, thus creating a safer street access. B)The applicant can remove significant amounts of existing hardcover so that no net increase in hardcover would result; the Planning Commission recommended an increase in hardcover by allowing a 165 square foot area of rock-covered plastic to remian in place in order to maintain adequate basement water protection. Page 1 of 5 4.The property contains 3,604 square feet (34.3%) of existing hardcover in the 75-250' setback zone. The proposed hardcover in the 75-250* zone, including the 165 square feet of gravel over plastic, is 3,769 square feet or 35.9%. 5.There is an existing boathouse in the 0-75' setback zone, which is partially located within the adjacent city alleyway. The total hardcover in the 0-75' setback zone is 544 square feet or 12.4%. 6.On June 18, 1990, the Planning Commission reviewer this request for renewal of the hardcover variance to allow 35.9% in the 75-250' zone, and recommended approval based on the following finding: A)Renewal is requested only for the hardcover variance, because code changes since the original adoption of Resolution #1991 result in no need for the street setback variance for the proposed garage. B)The room additions to the existing residence were completed within the requests of Resolution #1991, and necessary concurrent hardcover removals for that work were completed. C)The current garage size and location proposed are identical to those previously approved in Resolution #1991. 7.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 8.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant,but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 CONCLUSIONS, OIU)ER AND CONDITIONS •upon the above findings, the Orono City Council hereby grants variance to the Municipal Zoning Code Section 10.22, Subdiv.'s - i-n 2 r.o permit the construction of a detached garage,which will re: jlt n an increase in hardcover in the 75-250'lakeshore setback zone from the existing 34.3% to 35.9%,subject to the following conditions: 1.The maximuir hardcover allowed on the property in the 75-250' setback zone is 3,769 square feet or 35.9%. Applicant is advised that any future requests for additional hardcover on the property will not be approved and might be approved only with concurrent removals of equivalent amounts of existing hardcover. 2.The existing boathouse on the property is considered a non- conforming structure by virtue of its location in the 0-75' setback zone and because it is located partially within the City right-of-way,and therefore is subject to the various ordinances pertaining to such structures. 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 9, 1991). 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 cjanted herein, and shall be punishable as a misdemeanor. 5.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 1990. ATTEST: Adopted by the Orono City Council on this 9th day of July» Dorothy M. Hallin, City Clerk Jaires R. Grabek, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 9th day of July, 1990, by James R. Grabek & Dorochy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 4 of 5 CITT OF OROHO P. O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING PILE #1546 NOTICE OP PLANNING COMMISSION ACTION Date of Notice;June 21,1990 TO:Scott Procnnow 3440 North Shore Drive Wayzata, MN 55391 COPIES TO:Jan & Nora Akerberg 4075 Highwood Road Mound, MN 55364 TYPE OP APPLICATION:Variance (Renewal) DATE OF MEETING:June 18,1990 VOTE:6 For 0 Against Planning Commission recommends the following: Approval as submitted NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as City Council, Monday, July 9, 1990; 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. 1 Planning Conunission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson }6 From: Date: Michael P. Gaffron, Asst Planning & Zoning Administrator June 14,1990 Subject:#1546 Scott Prochnow, 4075 Highwood Road Renewal Variance - Public Hearing Zoning District - LR-IB, Single family lakeshore residential,1 acre, sewered Application - Requ-ot for renewal variance to construct detached garage List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Application Plat Map Property Owners List Survey Hardcover Calculations Elevation Views, Proposed Garage Survey from Previous Approval, File #1021 Resolution #1991 Pertinent Facts - 1.The applicant is purchasing this residence from the Ackerberg's, who had received a hardcover and setback variance for a room addition and proposed detached garage in 1986. 2.The applicants constructed the room addition, but did not construct the garage. Mr. Prochnow is requesting to construct the same size garage in the same location, under the same hardcover conditions as previously approved. The original variance approval expired in 1987. 3.Prior to the earlier approval, hardcover in the 75-250* zone was 34.3%. Hardcover approved with that application was an increase to 35.9%. Currently, with the addition and a brick stairway coupled with a few removals that have occurred, existing hardcover appears to be less than the limit imposed by Resolution #1991. Discussion The applicant has provided elevation views for the proposed garage. The storage area above it, with dormer windows, keep this garage in character with the house. zoning File #1546 June 14,1990 Page 2 Since this application was originally approved, the need for a street setback variance for the garage has been eliminated. The code was revised shortly after this approval to allow side accessing garages to be within 10 ’ of the street lot line on a lakeshore lot. Therefore, that variance is no longer necessary. Staff Reconmendation Staff would recommend approval for renewal of the hardcover variance to allow 35.9% hardcover in the 75-250* zone, per the same conditions as previously approved in Resolution #1991. CITir OF ORONO - VARIANCE APPLICATION “Tr’ C-^ f tT I '■■' J yInitial Application Fee $175.00 • " ($50.00 per each additional variance)v ^^/ ^^newal Variance Fee $100.00^- - - - - - --^ ^^(no change trom original”'application) “ After-the-Fact Fees (Double application fee)__________________________________________________________________ /-rrv rff r-OtHin PROPERTY LOCATION iJsMW' ™ g Site Address Vc) 7// V //: o/__________________ ihSK Z^. .T l ..... Property Identification Number (P.I.D.)/ / 7 ? /'''\)5^/W4f Attach legal description to application if not included on required survey. APPLICANT Phone (home)V7/- Name ^n7T~ ^duho^iy /%jc/V>Vc7^>/Phon6 (work) V?/-~76P9 Address; 7Wcj ^hap<^ City; Zip; ^57^/ OWNER (if different than applicant) Phone (home) V72.^ Vg/zy Name ^k <4^_________ Phone (work) Address; /Jh LAyaJ. /2^L^ City; _______Zip; Date Property Acquired _ _ _ _ _ _ _(montn/year) I (do)(do not) also own the adjacent parcels of land. PRESENT USE OP PROPERTY Present Zoning District ^_ _ _ _ _ _ _ _ _ _ _ _ _ _ Present Use of Property /, _ _ _ _ Residential _ _ _ _ _ _ _Other (specify) _ _ _ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OP REQUEST Estimated Construction Cost $ ^— /c)/geo Describe 'jquest in detail; O ce-^kd /2u^,'/c/ VARIANCES REQUIRED '>r.\ •A •^••' ••^‘^ ’ tot Area _____ Lot Wld^fi ; * . * A garde over I Setback Variances (_ _ _Front _ _ _Side X Rear)\ Other , 1I I >-- - - r HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OF DNUSDAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements:^_ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ c^D 4. X V 6. T. 8. REQUIRED SUBMITTALS 1.Completed Application Form Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. S)cetches or plans of floor and elevation views. 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. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR A WORKING COPY (ll* X 17* OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The Applicant and Property Owner must sign this application.Please remember that your variance application is not complete if the eibove information has not been included. ■ ■ II —I—— II I II .■■III* Certification by Clerical Department that Variance Application is complete. Initialed by 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 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. DateApplicant's SignaitMTe ________ OWNERS SIGNATURE The owner hereby ackowledges 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 investiga tion and verification of this request. Owner's Signature ^_ _ _ _ _Date X 2^ ^ ^ 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. ) �'C . "' - ·-1 "�a ,/ ., <..'' ·,··· £ 107 l } I,, I ........ ... , .. 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M UJ > ZP^ X 3 UJ X _ °S“z<fi M 4 UJ O 3 M O (9 O ? £ UJ O Z O 4 M a z £a. o a X M ^ lu sill M UJ ti t- O UJ a UJ X > UJ « t- £ u a to z a ^ o tn CM X UJ 4 o tn fJ- M S 4 Z l-C X UJ « X _ ■ “ s i i SS gss III O O -J 0X4 >a o UJ O'* T Q at 'tt silisSI o .J «J Q K M Ul UJ X O -J -J 3 « -J -J o gto o o o 4 £ X $o 0 4X0O Z UJ 4 4 >- N. ur at UJ INi a o H to X r.2 00 UJ OX 3 0 UJ ° 0 <JT 0 (A 0 g X 4 88 to Z 3 0 In NX X Q tn to X > eg t- 0 1 0 X UJ g K M UJ > Z T^Sgi t^ 4 10 * ea ^ ^9 24*83 • at at N g 3 p Z u 0 ft 0 0 4 2 0 (9 0 4 £0 4 to 0 0 x^ g “2^4 X 4 UJg UJ a &II X UJ ^ X >«^§s K o in u X "i! UJ iH -J >»■ 4 O O 4 0 4X0 O Z UJ 4 4 >- N K 4 UJ X S 4 z a. o t- J •■»« 4 I I' I'v (,O C* (i: Adjacent Property Oimers' A c 2q^1 (we)of jprint name (s) J, r *ay»'>Z|, ^ have reviewed the plans for the proposed improvement or proposed use of the y ^f property located at V:^7r Application No. _ _ _. also referred to as Land Use I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Date 9o Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. #1546SETBACK ZONE: (CIRCLE ONE) Existing H ardcover in Zone 0-75' (T^^) 250-500' 500-1000' A.H ouse , X LENGTH X WIDTH , ?=7'c X 1iH■^S.F. (P X a>S.F. X s S.F. B.Garage X .•-'?r S.F. c.Driveway X 'Z <a fTZXli S.F. X 2<-(a S.F.# D.Sidewalk Lf X 1 II1s.f.(7 X » W7 ^7 a S.F.' f ' X i-/- /. S.F.C^ E.^atio / Deck X a .S.F. F.Landscape AREAS UNDERLAIN BY ✓/X a ■V'5-S.F.(^ X .S.F. PLASTIC SHEETING X S.F. X s S.F. 5-rr/iy ft. Othpo .r X a / /fT V. Total H ardcover TnTAi PonocoTV A qPA IN Zone - TN 7oNP S/3^S.F. rAj /0,€P^^S.F. [T "HI-J/J-> 4m ~ro 0-iTlQO -'% ^■ n- •.s •i •y I ^ -*^-U CITY OF ORONO CityofORO^SKia NO 1991 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22r SUBDIVISION 2 AND SECTION 10.24, SUBDIVISION 5 (B) PILE #1021 WHEREAS, Jan & Nora Akerberg (hereinafter "the applicants") are the owners of the property located at 4075 Highwood Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 11, High'.;ood Lake Minnetonka, Hennepin County, Minnesota; (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.22, Subdivision 2 and 10.24, Subdivision 5 (B) to permit the construction of a room addition and detached garage, which garage will be located 27' from the street lot line where a 35 foot setback is normally required, and which will increase hardcover in 75-250' lakeshore setback zone from 34.3% existing to 35.9%, where only 25% hardcover is normally allowed. Minnesota; NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1.This application was reviewed as Zoning File #1021 2.The property is located in the LR-IB Single Family Lakeshore Residential Zoning District. 3.The Orono Planning Commission reviewed this application on ::Til 21, 1986, and recommended approv’al of the proposed variance .ased upon the following findings: A)The proposed garage will replace an existing garage which is 1.7 feet from the side lot line and 4.1 feet from the street lot line; the new garage will be located to meet the side setback requirement and nearly meets the required street setback requirement; and the new garage opens to the side, thus creating a safer street access. B)The applicant can remove significant amounts of existing hardcover so that no net increase in hardcover would result; the Planning Commission recommended an increase in hardcover by allowing a 165 square foot area of rock-covered plastic to remain in place in order to maintain adequate basement water protection. Page 1 of 4 CITY OF ORONO City of ^ RESOLUTION OF THE CITY NO. 1991 4.The property contains 3,604 square feet (34.3%) of existing hardcover in the 75-250' setback zone. The proposed hardcover in the 75-250' zone, including the 165 square feet of gravel over plastic, is 3,769 square feet or 35.9%. 5.There is an existing boathouse in the 0-75* setback zone, which is partially located within the adjacent City alleyway. The total hardcover in the 0-75' setback zone is 544 square feet or 12.4%. 6.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and ^he effect of the proposed variance on the health, safety and welfare of the community. 7.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 '‘aiiance 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 app1icant,but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Sections 10.22, Subdivision 2 and 10.24, Subdivision 5 (B) to permit the construction of a room addition and detached garage, which garage will be located 27' from the street lot line, and which construction will result in an increase in hardcover in the 75—250' lakeshore setback zone from the existing 34.3% to 35.9%, subject to the following conditions: 1.The maximum hardcover allowed on the property in the 75-250' setback zone is 3,769 square feet or 35.9%. Applicant is advised that any future requests for additional hardcover on the property will not be approved and might be approved only with concurrent removals of equivalent amounts of existing hardcover. 2.The existing boathouse on the property is considered a non- conforming structure by virture of its location in the 0-75' setback zone and because it is located partially within the City right-of-way, and therefore is subject to the various ordinances pertaining to such structures. Page 2 of 4 City of oRoiNjgj na m. ■ItROfl'.®RESOLUTION OF THE CITY COUNC] NO. 1991_ _ _ _ _ 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 (May 12, 1987). 4.Violation of or non-compliance with any of the ter'^i and conditions of this variance shall constitute a violation of the 2oning 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 and on behalf of himseli, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. 1966. / ATTEST: Adopted by the Orono City Council on this 12th day of May, Page 3 of 4 CITY OF JDRONO City of OROIV RESOLUTION OF THE CITY COUNCI NO. 1991 ________ „sl9 & STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) 1986 the*°persbn(^) 'des'^ibed in and who executed instrument,and acknowledged that he (they) executed his (their) free act and deed. NOTARY PUBLIC y .// MY COMMISSION EXPIRES STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) nn this day of -Vi.'Y£__________' before me a Notary Public within and for said County, personal y appeare o.c=i2_r known to me to he tne per^^) Q^bed^~knd who exeblTred the foregoing instriment, a"d acknowledged that he (they) executed the same as hxs (their) free act and deed. NOTARY PUBLIC // ,/98'y my COMMISSION EXPIRES Page 4 of 4 IHIS ITEi H^S BttH MlCROFl®STATE OF MINNESOTA ) ) COUNT! OF HENNEPIN ) ) CITY O' 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 May 12_ _ _ _ _ _ _ _ _ _ _ _. 19 86 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof. I have hereunto set my hand and seal this 2nd day of _ _ _ _June _ _ _ _ _ _ _ _ _ _ _, 19 /. \ ■f M. Hdl'lin, City Clerk (SEAL) Proa: Datie: Subject: Mayor Grabek & Orono Council MembersPlanning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrato 76 June 14,1990 #1547 Metropolitan Waste Control Commission (MWC Intersections of West Ferndale Road & County Roadi Conditional Use Permit - Public Hearing l/iennte 'OL 01990 Zoning District - LR-IA Pertinent Ordinance - Section 10.23, Subdivision 4 (A) - Conditional use permit required for construction of an underground vault to house sewage meter installed on existing sewage force main. List of Exhibits Exhibit A Exhibit B Exhibit Exhibit Exhibit Exhibit Exhibit Application Property Owners List Plat Map Cook's Report dtd 6/13/90 Certificate of Survey Hennepin County DOT Permit Site Plan, Profile, Plan & Sections Review of Application - The MWCC proposes the installation of a meter station within the County Road right-of-way and property owned by the Nature Conservancy at the intersections of West Ferndale Road and County Road 15. The meter station itself will be underground with a control panel installed above existing grade.The City Engineer's report advises that the control panel is the same control panel that was used at the Orono Lift Station.The control panel is 6' in height, 2' in width and 6' long.Cook's report also suggests the need for landscape screening for the control panel.It would be staff's recommendation that if land scaping is to be considered, that special care be given to the type of landscaping so as to not create any sighting problems at the intersection of Ferndale and the County Road. The MWCC is obtaining both temporary and permanent easements from the Nature Conservancy, for the meter station. In reviewing Exhibits F and G, it would appear that a small section of the eastbound right-hand lane will be temporarily removed during construction. The eastbound lane will continue to function through the construction, and as Cook's report also notes, this will not involve any restriction with the use of Ferndale Road. Zoning File #1547June14,1990 Page 2 of 2 Staff Recommendation - Staff recommends approval of the conditional use permit for the MWCC to construct an underground meter vault subject to the MWCC providing appropriate landscape screening that will not ^resent potential hazards to the users of the public roadway and meet the standards of the Hennepin County Department of Transportation. Additional Comments and Planning Commission Recommendation - June 26,1990 Staff has asked the engineering department to confirm the actual size/dimensions of the control panel to be installed in connection with the underground meter vault. The engineering staff has taken photos of the console and the dimensions are as follows: Console = 5’2" high; 6' long; 3^' in depth Physical appearance of the console is weathered of^ a green/gray hue.Please review Exhibit G,specifically the plan, the above ground console will be located just to the south of the right-of-way of County Road 15 within the Nature Conservancy property.The MWCC will be obtaining a permanent easement from the Nature Conservancy for the placement of the console.As landscaping would appear to not create a sighting or safety problem for the users of the public roadway, staff strongly recommends that Council require screening of the console along the north, west and east sides. The console should be placed well enough into the permanent easement area so that landscaping would not be project into the right-of-way of County Road 15. Proposed Motion:Moved by _ _, seconded by _ _, to approve a conditional use permit for the MWCC to construct an underground meter vault and above ground console, 5%' in height, 6 in length,and 3^5' in depth to be placed out of the County road right-of-way and within a permanent easement area within the Nature Conservancy property subject to the following conditions: 1.Evergreen plantings to be planted along the north, east and west sides of console at a minimum height of 5 . 2.Console to be placed solely within Nature Conservancy property providing adequate area for required natural screening and to ensure plantings will not encroach County road right-of-way. 1 CITY OP ORONO - GENERAL LAND USE APPLICAT PROPERTY LOCATION Site Address 1155 Shoreline Drive, Orono #1 547 CITr OF OFOsO 02 LFSvx - fProperty Identification Number (P.I.D.) J ftl' ^ 00.2/^----It, ’VVn.rfx t WWi Please attach legal description to application if not included on required survey. APPLICANT Name Metropolitan Waste Control Commission Phone (home) N/A Phone (work) 222-8423 Address Street Citv St. Paul zio 55101 OWNER (if different than applicant) Name Hennepin County Dept, of Transp. Phone (home) N/A Phone 935-3381 Address 320 Washington Ave. So.City Hopkins Zio 55343 Date Prooertv Acquired (month/year ) I (do not) also own the adjacent parcels of land. PEES - CONDITIONAL USE PERMITS - Renewal Fee - 1/2 Current Fee After-the-Fact Fee - Double Current Application Fee $ 50.00 For each variance request with CUP application $125.00 Residential accessory Use $150.00 Institutional (church, school, etc.) $150.00 Guest House/Guest Apartments $150.00 Duplex Credit/Bldg $250.00 Commercial/Industrial Use $200.00 Land Alteration Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS . _ _ _ _$200.00 Commercial Site Plan Review (+ consultant fees) _ _ _ _$250.00 Vacation _ _ _ _$175.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision _ _ _ _$250.00 Rezoning (PUD - refer to fee schedule) _ _ _ _$100.00 Appeals _ _ _ _Other - see fee schedule PRESENT USB OP PROPERTY Present Zoning District Present Use of Property LR-IA _ _ _Residential Other (specify) Riqht-of-Way DESCRIPTION OP REQUEST Describe request in detail: sewage meter being Installed on existing sewage rorcemain Construction of an underground Vault to house REQUIRED SUBMITTALS 1.Completed Application Form. . 2.Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271). 3.Plat Map. 4.Certificate of survey (signed by a licensed surveyor). 5.Topographic survey (existing and proposed contours)if land alterations involve changes in elevation (grades). 6.Construction plan,if applicable (see staff for requirements). 7.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 OP LARGE DOCUMENTS OR A WORKING COPY (ll* X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please remember that your ?-'ilication 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 t:ime not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies t)^ the information supplied is true and correct to the besi of his/her” knowTe<qe, Applicant's signature Date OWNERS 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 or investigation and verification of this request. Owner's signature refer to attached permit______________ Date _______________________ Applicant must have all submittals into the City offices 25 days before Planning Commission Meeting.Planning Commission Meetings are held on the third Monday of each month.Applicants must be present at all scheduled review meetings of the Planning Commission and Council.If an applicant is unable to attend a scheduled meeting,please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. r* '»V / i I5 ^ M g p a 5 Z G. t-t -I CL < Suj^r ^ ° < r ui O' i-l _J M Kt UJ M X < 2i5£:l5 •H -I «a o i 2aSS °s®r“ain a 5c O' > <0 o o m < M o "> ”J in X o K §“ 8 H. lU CO U X O' M lU -> Z <M a Z u in . g-,i3 K X O U Z f-4 X X V CD < M O W »- csi n Z cv > CO Ui < ro O X Z «-4 Z i w > O' in u0 «n z g|5>5x0 CM uj 2 'f o o < ui <j- Ki a s X (/) ^ C^J X O Ui ih 1 o ^ ^lA N. 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PE Mart A Hanjon. PE *« K F« PE M<^ae^T Raumann. PE tooen R Pfff^fie.PE GavK)C Losaora.PE TNxnaj O’AfWVjn PE Micnaef C LyfKn.PE ;amei « Maiand. PE xennwn P Andfnon.PE Mart »BoPv PE BoOPt C Rusie*.A (A Thomai £Anqui PE HowanJ A SarRxa.PE C5an«t J Edgeroo PE Mark A Sen PE Prkip j Cajwpfl.PE iimaf Manme/.PE Mart O vArtwm PE THomaj R ArtJewi. AIA Gary F Rylanoef.PE MRm B Jeniert.PE L P^«p G>av«< M. PE Rifne C Piumaa AiA Agn«M Rrng.AlCP Jpfry D Pwmcri PE C«<«Onntf PE ChartR5 A EncUon lroM PRM«ttky Hanan M Ohon June 13,1990 City of Orono Box 66 Crystal Bay, Minnesota 55323 Attn; Jeanne Mabusth Re: MVCC Meter Station Our File No. 139-1547 Dear Jeanne: We have reviewed the plan submitted by the MWCC for construction of the Meter Station on County Road 15 and Ferndale Road. The Meter Station will be underground with a control panel mounted above ground. The panel is being removed from the Orono Lift Station site to this location.The City may desire some screening or camouflaging of the control panel. Construction will result in temporary disruption of traffic along County Road 15.The proposed construction would not conflict with the Ferndale Road intersection. Please call if you have any questions. Yours very truly, BONESTROO, ROSENE, ANDERLIK I ASSOCIATES, INC. Glenn R. Cook GRC;dh grc/58 2335 West Highway 36 • St. Paul. Minnesota 55113 • 612-636-4600 HC 8136 f 4] HENNEPIN COUNTY , DEPARTMENT OF TRANSPORTATION 320 Washington Avenue SoutK ^ Hopkins, Minnesota 55343 •t i ■'1 ^■ County Road No.. APPLICATION FOR INSTALLATION OF UTILITIES Permit No. 19077_ MunicipalitN’__OrCHC----------------------------- ^ i LOCATION AND/OR DESCR IPTION OF WORK Application is hereby made for permission to place, construct and thereafter maintpina VoUl t _____________________________________________________________________________________________r-—-------?--------- .I'l acro«^^;;;;;7i;;^yNo._jj ___»ron..«i from approximat ely bU' east or centerline or. J Russel 1 Avenue to aDoro.ximatelv 130* east of centerline Russell Avenue.._ _ _ _ _ _ ___ _ _ NAME of applicant ^•WCC :°ears P'ark Centre, 230 C. 5th Paul, r:i WToT PHon. 222-8423 Party or organization performing work Contractor UPOer bid tO Address zip coda 'city Phone (Business). ftite Phone (Emergency). zip cod* 1.TYPE OF CONSTRUCTION - Submit five copies of detailed print showing type and location of installation. "IQ Underground □ Aerial O Other 2.TYPE OF UNDERGROUND CONDUIT Size Multiduct ----------------------------- Plastic ---------------------------- Corn:rete -________________ Steel ---------------------------- □□□□ Depth □□□ Size Iron Copper Cable 20"Depth 8' lotherl 3.METHOD OF INSTALLING UNDER ROADBEDS □Boring - Jacking - Pneumagopher □oprc:.-rj'.°“:!r?r?aVrrpcgyoT*bf the eastbound rinht-hand lane will nee<j to be removea tc construct vault _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ __— 4 AREA TO BE DISTURBED TRAVELED SURFACE SHOULDER BOULEVARD : S Concrete Bituminous STRUCTURES Q Curb & Gutter Cl Sidewalk D Signals □n Bituminous Gravel Culverts Road Signs Other □□ Sod Field Grass Trees Shrubs MW.. November 1, 1991All work under this permit will be completed on or before ----------------- Date '’’(PERMIT IS VOID AFTER THIS DATE) If work cannot be completed within dates specified, a written request for permission of extension must be made to the Hennepin County Department of Transportation.\ Except for the negligent acts of the Coemty, its agents wd itt\moloyees, the Utility or Permittee shall assume all liabilityExcept for 'tie negligent acts ot the uounty, its agents ana us employees, me wmuy or reninnce -----------“ ' J its agents and its employees, harmless from any and all claims for damages, actions or causes of action arising out of the work to be done the continuing uses by the Permittee,including but not limited tO'the piecing,constructing,reconstructing, maintainingand using of said utmiy under this application and Permit for cor'strucbpn. _ • . < s • (I We) the undersigned, herewith ac t t^rms and conditions of the regulations as la * ^.^wn by the County of Hennepin and agree to fully .0 16 ControT ”co(imi ssion Orqaoizaupn on* - • *a ^ tropoii-WR _v2%atel V f C •« •■ -r:~ '• r.'rM'T - •i. '£. ■ •/»• -..ur'n;.C'Z PERTINENT REGULATrONS 1.All warning devices and barricades shall conform to the Federal Highway Administration s manual on Uniform Traffic Control De vices as amended by the State of Minnesota Manual Supolement. 2.All warning devices, barricades, flagmen and equipment shall be provided by parties or organizations performiog the work. 3.Standard warning devices and barricades shall be placed as designated by the Hennepin County Department of Transportatiors. • 4.Standar 1 warning devices and barricades shall be kept clean and m good repair at all times. 5.Detour routing shall require 72 hours advance notice to the Hennepin County Utility Section.--------------------^ ■:iiV 8.1 E*cava*tor» shall be cribbed, stfeetedand or fenced when necessary or w designed by the Hermepm County Utility Section. 7 InrJcment weathe».shall be reason 4o» delay of protect start or suspensirm of protect as determir>ed by Menrsepin County. " "*- •f,' ------------------------:— ----------------------------------------------OPERAfiONS ' .......................... rr Parmit M Job - Permits or copies shall be kept on the sue of the work while it is m progress in the custody of the individual -r ------------------char^'. and shairbe exhibited upon request rnade by any 'county official. 2 Prowsiorsi an^Spec^ificatioii - These general provisions and specifications shall be considered as lormmg an integral part ot each ________ and every permit .ssued for operations on county roads. The work authorized by this permit shall ba done at such time and m such ______manner as shall be consilient with the safety of the public, and shall conform to aH-iequitementi-aod standards of the County of Hennepin as herein specified. If at any nme it shall be found by the Hennepm County Department pi Transportation that the work IS not being or has no; been propeny performed, the permittee, upon being notified by the superintendent in irv.tir’j. shall im- . . medtetely-T8ke-the necessary steps: at his own expense, tn place the work in condition to conform to said requirements o.‘ start- ____dards. .. _______________ . _-.....................-............ : -■ 3 Annulment - In the event of v^ilful failure or negfect by said permittee or his employees to per«orm and comply with the pi^ scribed conditions, restrictions and regulatiorta, the Department of Transportation may revoke and annul this permit and order said ---------------permittee to remove any and alT'structures or property belonging to said permittee from the legal limits ol the highway or county property. In the event the permittee leaves the highway in a condition needing repair or construction the Hennepm County Depart ment of Transportation may repair such highway and the costs of such repair or construction shall be paid by the permittee. 4 Exacution - The permittee sheir use diligence in the executidn of the worfc ^thorized under tTtli permit in order not to endangec or unnecessarily obstruct travel along the said highway Operations shall be so conducted at all times as to permit safe end reason- ably free travelover the roads within the limits ol the work herein prescribed.All safetymeasuresfor the freemovernentof traffic shall be provided by the permittee at his own cost.________ 5.Conformity to Laws - The installation shall be made m conformity with all applicable laws, regulations and codes covering said in- stallations.All installationsshallbe made m conformity with regulatipnsof govirnrnentalagencieslor the protection.of the public. 6.Removal - If as any timezhe permitted structure or facility shall fail from any e.nise whatsoever, the permittee shall have the sarne removed os repaired within 48 hours alter receipt of written notice todoso. unie*. by reason r'f extraordinary happening the superiruendent may extend such lime limit.- .T~~ ~ 7.Existing Facilitiei - Applicant must protect all existing utility installations. 3.Private Property - The work permit or permit for construction as issued does not m any wey imply an easement on private prop erty. _ 9_ Damage to Roadway__If pavement or roadxvay is damaged, same shall be restored to its original or satisfactory condition, at the __ _^sole expense of the permittee. _ . . — 10.Quality of Work - Finished surface, base and sub-base ol road upon completior, of work shall be at least equal to or better than, specifications or original road. ’ a- .. J f 11.Cutting Treat’= The permission herein granted does not confer upon the permittee the right to cut. remove, o' destroy trees or shruobery within the legal limiu of the highway or relieve permittee from obtaining any consent otherwise required from the owner ol the property adjacent thereto. ... t .- 12.Boring or Jacking - Installation of pipe under roadways, shall be jacked or bored as designated by the Hennepin County Depart ment of Traruportation. 13.Liner or Cesiitg Pipe - Shall be required for 4" or larger conduir.' •i-r- I l't«A '. Ml lie.- I." It»' * ^ ' 'Wl* It -----------14. Pressure Grdiitirir^^aO be requirldis designated by Henriepm County Oeoartment ol Transportation. IS. Dramay - All waterways and lines, ot drainage shall remain-opetaiive.— •' 16„ Pole Anchors - No pole aocl\qn. anchors, braces or other construction on right ol way except by permit authorization. 1 7. Driving Limiutione - No driving onto highway from ditch or driving on shoulders or over curbs where damage will occur. 18.' Lugs oh'Eqinpment - No lij^ shall be used bn equipment traversing road which will damage the road suf f«e. 19.Claen-up - ii ei surface and roadside shall be kept dean. neat and presentable th^ghout construction as ^proved by Hennepm , r-r ’ 'r-La -'-> r ...ajiiso'n* v.'.e.a u...........-...... v-ou,rr,v.-- ,20. Dust Coolrzsl-r Shall be provided upoq-MKzuesi ol the HennepirkCounty Department of Trensportaoon; • •» ,j ' 21.Tr»m arsd Vegaution - Buininq or disking operations and or the use of chemicals to cbnt’rbf b« 'III trees, bnjsh and Other vegeia- . ,^.,.Jioi'IS prohibited wnbquljstior approval trom ih# tuperiniarulem.. • r-oa o^r vr--ri •3-ji» : .bj -t i sc .. - '■ 22 Restoration - It shall be further understood fha» the permittee 'wifi"be-respohsfbfe-fo'K’Waintenance 'rtf'an'y falfurM efuo fb'settle* ment. erosion, lack of vegetatioo growth, rutting, or other |ob related problems for a period ol three (3) years after completion of ..project, 23.Manhol« -7 AII manholes, shut-blf'vaiv covers, etc,, shall be pieced louver than finished grade. I . “CS137 (4-84)HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION 320 Washington Avenue South Hopkins, Minnesota 55343 no19077 V UTILITY PERMIT and SPECIAL PF^VISIONS •KSPECIAL PROVISION r M 1.RESTORATION // •"! BASE Type.CLASS 5 SURFACE 232a AC 85-100 Depth. Prime. Tack_ Depth FULL SHOULDER Type CUSS 2 BOULEVARD Ditch Topsoil 3" Joint CUT OR SAILED Cure_______________ Depth. Width. AS REQUL^JD c.^/tS RL^UliiSD 2-TRAFFIC DIRECTION .. AS PER KINN'ESOTA K^ANUAL ON UKIFORM TRAFFIC CCTITROL DEVICES AS PER ATTACHED PLATE NO. - USE ATTACKED FCETAdLE 3ARP.IIR FUTE 3.REMARKS -VAULT AND HH ELEVATIONS SHALL iE SUCK THAT EXTEiNSIOK CF THE GRADE FRCM C/L WILL NOT CONFLICT WITH FUTURE CONSTRUCTION. -SEE ATTACHED SPECIAL FROVISIONS NO WORK PERMITTED WITHIN ROADWAY SURFACE DURING WINTER. UNLESS "SPECIAL PERMISSION" IS OBTAINED. NO WORK WILL BE PERMITTED ON SATURDAYS. SUNDAYS OR HOLIDAYS. UNLESS "SPECIAL PERMISSION" IS OB TAINED FROM THIS OFFICE. ' It is expressly understood that this permit is conditioned upon replacement or restoration of the roadway to its original or to a satis factory condition. ALL LEGAL REQUIREMENTS SHOWN ON REVERSE SIDE AND ON ATTAr'-'» "SPECIAL PROVISIONS" TO BE COMPLIED WITH. THE DATE WHEN WORK IS COMPLETED MUST BE REPORTED Tl NEPIN COUNTY DEPARTMENT OF TRANS PORTATION PERMIT SECTION. TELEPHONE: 935-3381. Extension 311. LIMITATIONS If the County shall make any improvement or change on all or any part of its right of way upon. over, under or along a county road, and such change or improvement requires the moving or changing of public utility facilities in such right of way, then, in that event, the applicant herein shall, after notice in writing by the County, alter, change, vacate or remove from the county road that part of its facilities necessary to conform to the improvement at its own cost and without any cost to the County APPROVED: HENNEPIN COUNTY HIGHWAY DEPARTMENT / Date y/j.3/90 NOTICE OF COMPLETION OF THE WORK HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION DATE. MAINTENANCE DIVISION-PERMIT SECTION 320 WASHINGTON AVENUE SOUTH HOPKINS. MINNESOTA 55343 Dear Sir: Please be advised that the work authorized under Permit No., issued to___________________________________________________.for work in the City, Township or Village, was completed____________ .Road .and is ready for inspection. (Please complete this form and return it within 24 hours after completion of the work) — ",... SPECIAL PROVISIONS . .-' --■' fROADWAVSURFACE)'**' A.CONCRETE PAVEMENTS --• 1.Openings The opening made m a concrete pavement must be so located that no side is within three (3) feet of a construction joint. If the side of the opening is within three-13) feet of ^onitructfoo joint, the concrete pavement must be removed to the joint. Before breaking the concrete, the slab must first be cut with a concrete saw to a depth of not less than two (2) inches, and the exact location thereof must be approved by the Hennepin Counr/ Department olvTransportation. AT broken concrete must be removed from Site and disposed of. . NO OPENINGS SHALL BE MADE IN PORTLAND CEMENT CONCRETE DURING WINTER MONTHS tXCEPT FOR EMERGENCIES IF OPENING HAS TO BE MADE. ADJACE^ T EDGESWILL HAVE TaSE REMOVED ONE FOOT BEYQND ORIGINAL EXCAVATION IKE FOLLOWING SPRING AND REPLACED BY A PERMANENT PATCH. _• T 2. Backfill and Compaction - .................... _ - ' .v; j -------•»'eO . After.the excavation has been completed, the reQuiremenis for the backfill, i.e.. kind of material, compactior.._etc«.5hall.be the _____same asipecified for the repairs.made forJ'Trenching or Sub surface Operations(See paragraph "C" below),.. . _ . .si i 3.Replacement of Concrete The concrete used for the final surface repair shall consist of 3A42 high early strength concrete-to meet'MinnMqta Depar^tment of Transportation Specification dated 1983, Spec. No. 2301. This concrete to be's'ecured on|^ frocin fommejcial plants which can furnish a mixture that is approved by Hennepin County. The final finish must brTburtip dragged or broomed so'that Ft will match the surface of the adjoining concrete slab, and cured with plastic paper. All construction joints shall be replaced. The fresh concrete patch shall be protected from all traffic contacts for at least 72 hours after it has been finished. ' B.BITUMINOUS PAVEMENTS 1.Openings Vhen necessary to cut openings m Bituminous surfaced roadways, the size of opening and location thereof must conform to ••-,,size and location specified m the permit, or to size-specifieo by Hennepm County. When cutting the opening, the edges are to be cut in a straight line, and-sides tu be smooth and vertical. No ragged edges permitted. Cutting to be done with saw, jack hammer, spades or similar approved tools. All excavated bituminous material to be removed from site and disppsed of. No opea- ings shall be made in bituminous Pavements during Winter months except for emergencies. 2.Backfill and Compaction • ' -c... ..i-i; After the excavation has been completed, the requirements for backfill, i.e.. kind of material, compaction, etc., shall be the „ , same as specified for the repairs made for "Trencning or Sub Surface Operations ,j. (See paragraph *'C" below.) . . •. 3. Replacament of Concrete Basa. j; ’v. ; ;t.t_ «. •; ' '; ‘ i; Ti.' .r~ • r. 5 ; Use procedures listed under A 3. Allow the concrete to cure for 48 hours before-qiacing bituminous materials.. j j ^4,. • 4.Bituminous Tack Coat A tack coat shall be aoplied to all adjacent bituminous and concrete‘f ices before placing the bituminous surface course. 'S'. Restoration of Blacktop . v i • 'mnj ■ : • v i. • i ,J i All blacktop surfaces are to be restored^at soon as possible after backfilling has been completed. Bituminous surfacing material ’ ■ may be obtained from most commercial "Blacktop' plants The kind and grade must be approved by the Hennepin County Department of Transportation, Replacement of the bituminous mater.ai shall be-made in layers not to exceed two 12) inches m depth, each layer to be compacted with an approved roller or vibrahng tamper unless otherwise specially authorized. ‘.•I • ; i t i 3. ..ri ^ j ■ , 6.Damage to Blacktop Any blacktop area which has been scarred by equipment, lugs, cleats, teeth, etc., shall be replaced or repaired as directed by Hennepin County. -J *4 r V C^TRENCHING OR S^B-SURFACE OPERATIONS - 1. Openings' ~ '“** Trencnes for conduits, water, steam, oil and gas pipes, sewers and.other utflitFes placed withir the right of way shall be located as approved by Hennepin County. Trenches for construction along the highway shall not be opened for i' distance of more than ____ 300 feet at any one time, unless especially authorized.' 2.Storage of Excavated Materials T: '^5 ' JO/,*'v -?TC Excavated or othei material shall be placed or stored on the side of the operation farthest'from the traveled roaddnless other wise authorized by Hennepm County, and in sucn manner that there will be no interference with the flow of vyater m ar\y gutter, dram, pipe, culvert, ditcn or other waterway _ 3. Backfill and Compaction _________ _________ _ . ‘ ' -o i. 6 .' r.v *: 'in . - ' r .-,sO After excavation has been comoleted. it may be refilled with the excavated material which has been removed, with the following -!! exceptions:__________________________________ _____ __ _______ _____ __________ __________ If the excavated material consists of mucky, soft or unstable soil, boulders, or large rock, it must be removed and disposed _____of outside the county righujf wdv^and replaced with granular isandy) material.___________.vu -j j -'envc'./; The refilling of the trench shall be done with Class 3 gravel or other approved material compacted by the ordinary compaction method and ’shall follow as-rapidly as possible the placing of sub surface structures and shall be completed m such-'marifier as will conform to the earth shoulder or subgrade or as directed by the Hennepm County Department of Transportation. —4rReplacement of Gravel Base - -------------- -------- - ------ ' -- ~ Th“ I i bi'f shall be replaced with approved material ■jnd-compacted. All compactipn must be,m accordance vvith tJ)e Minna- ••of Transoortation Soecificationtdated 1983. Section 2105 3F? "Ordinary Comoaction Method"" I nan>'i9tajiTt CRCNC wmwtxmt mo. mmar wo.___________ fcookTio* RUSSELL k'fE. 19G77 ■mcrxii covifTT DtrMTKnnr or ruauc vdebs 120 Vathinftoa Av«au» ••utb ■opklBi. niaaasatB SS14S VTXLXTXKS BtCTXOII TtArrzc^ wioni TL* •riso 50 MrH mAme oxaBcnas •iafl* l«a* traffic will ba paraittatf Ouriaf werkia« boura. all athar tiaaa. aball ba Miatatnad at tXaraatrietad traffic ahall ba aaxatainad at all tiaaa.7 ’.*r Laaa claauraa M'^’^tad aaly duriaf tiaa ^riad atatad aa para&tV^***^ jy iagwirad Traffic Central si«nia« aball ba aa )eb aita and praparly placad prior to jab start, palica and raaidanta aball ba aattfiad af prejact. achadulinf and tiaa alaaaat. riapaan aball ba preparly aquipped witb aaata. bard hata. and aipn paddlaa. MCPiAToaT ax<a» a nrrrj^ci ArpomaABCi MSf mtt _ _BCAH OUXbOPXXL _ _CABLt OUXPORX.*._ _SPCCIXI. ZbPLACC XTrurTCRAKCCS The Nanna^in County Departaent of Puolic Works. Traffic Sarvieaa Section will raaeva and raplaea. the cost of which Bhall be reiaburaad by the applicant. GUXUO POSTS _ _ SXCH POSTS The applicant ahall raaeva and replace at hii aspense at per the apecificatiens. SXCItS - The applicant ahall be reepensible for the tiaely reesval and taaporary eettinf of aifna and iaaadiate raplacaaant of aipns daaa«ed. The backfill shall be eeapaetad in accordance with 2451.30 et the Rinnesota Hiahway Departaent Standard Specifleatiena for bishway construction. Danaity ahall be accerdins to the ordinary Ceapaction bathed 210S:3P3. ly utility installations shall ba survayad to inaure correct pl«;eaant within Mannapin County P/w. ly A raprasantativa froa the construction fira and the onaineermB firn shall be available at all tleas for aaerpancy work. Winter Work - Neveaber 15 thru April 15 shall ba considered winter work.Work durlnq thia period ahall ba on a day-to-day basis at the diaeratien of the Mannapin County Miqhway rapraaaatativa. Wall easinqs ahall ba equipped with protective locked cover. CXaOMSfGS _ _Auqarad crossinqs (caslnq required) Casinq ahall ba filled with aaad or pea reek and the aads eaaantad or bricked abut. ____ Open cut approved iCrosaiaq aball ba wade ana-half at a tiaai yrra Curbed area - locate pit at laaat 5 feet behind curb./X**'shall ba tiqht ahaated. bbwwldar area - laeata pit at laaat 10 feat fraa traveled lane.^y Shall ba anew fenced. ^mkrnll ba caatlauoua with )ob praqraas. J . ly It aball ba further uadarataed that VtASTE CONTRCL CCM»will ba'Taspaaaibla for •aiatonanca af any failures due te aattlaaant. erosion, lack of vafatation qrawtb, Tattiaq, ar athar job related prablaaa for a period af throe (3) yaara after cMlatiaa af project^ kaiiaapia Cauaty^^^partaaat mt Public Warka B«:pl •/21/SI COi/'iCd l*j1EE?jXG To:Mayor Grabek & Orono Council Members JUL 9 1990 City Administrator Bernhardson Proa:Michael P. Gaffron, Asst Planning & Zoning 'Ati^kni'stS&ii.^ Date:July 2, 1990 Subject:#1548 Julie S. Jensen, 2700 Ethel Avenue - Variances - Resolution Zoning District - LR-IC, Single family lakeshore residential, h acre, sewered Application - Request for front and side setback variances to construct additions to existing residence. List of Exhibits Exhibit A - Resolution Exhibit B - Planning Commission Action Notice 6/21/90 Exhibit C - Planning Commission Minutes 6/18/90 Exhibit D - Memo & Exhibits of 6/13/90 Discussion *■ Please review the memo and exhibits of June 13th. Briefly, the applicant is proposing to construct a second story above the front portion of the house, and a three season porch and deck to the left side of the rear of the house. The second story requires front and side setback variances, with the deck and screened porch requiring a side setback variance. Planning Commission reviewed this application at their June 18th meeting and recommended approval c" a vote of 6-0, making the following findings: A)The existing house was constructed 18.8' from the front lot line, and 2.8' from the side lot line abutting the alley, hence any upward additions technically require a variance. B)The proposed 3-season porch and deck will continue the 2.8' setback along the left side lot line.The area of this porch had previously been granted a variance in 1976 for a deck in the same location.These additions are adjacent to an undeveloped alley, which contains City water lines but appears to be maintained as part of the yard of the neighboring property owner, C)Approval of the variances will not increase the visual density in the neighborhood, since the nearest neighboring structure is a detached garage 30' away on the other side of the alley. Zoning File #1548 July 2,1990 Page 2 of 2 D)The proposed 2* cantilever over the front of the house, leaving a 16.8* street lot line setback, is generally in line with other residences constructed in the neighborhood, hence granting the variance will not result in a structure out of character with the rest of the neighborhood. E)Even with the proposed additions, the property will meet all hardcover and lot coverage limitations. Planning Commission noted they would support a vacation of the alley should the neighborhood request it. Staff Recomsiendation - Staff recommends approval of the requested variances per the Planning Commission recommendation. A resolution for approval is attached for Council review. A RBSOLDTION GRANTING VARIANCES TO MUNICIPAL ZONING CODS SECTION 10.25, SUBDIVISION 6 (B) PILE #1548 WHEREAS, Julie S. Jensen (hereinafter "the applicant") is the owner of the property located at 2700 Ethel Avenue within the City of Orono (hereinafter "City") and legally described as follows; Lots 13 and 14, Block 2, Casco Heights,Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B)to permit the construction of a second story addition located 2.8' from the side lot line and 16.8' from the street lot line, where a 10' side setback and a 30' street lot line setback are normally required, and construction of a three season porch and deck to be located 2.8' from the side lot line where a 10' side lot line setback is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1.This application was reviewed as Zoning File #1548. 2.The property is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3.The Orono Planning Commission reviewed this application on June 18, 1990, and recommended approval of the proposed variance based upon the following findings: A)The existing house was constructed 18.8' from the front lot line, and 2.8' from the side lot line abutting the alley, hence any upward additions technically require a variance. Page 1 of 4 B)The proposed 3-season porch and deck will continue the 2.8' setback along the left aide lot line. The area of this porch had previously been granted a variance in 1976 for a deck in the same location. These additions are adjacent to an undeveloped alley, which contains City water lines but appears to be maintained as part of the yard of the neighboring property owner. C)Approval of the variances will not increase the visual density in the neighborhood, since the nearest neighboring structure is a detached garage 30' away on the other side of the alley. D)The proposed 2' cantilever over the front of the house, leaving a 16.8' street lot line setback, is generally in line with other residences constructed in the neighborhood, hence granting the variance will not result in a structure out of character with the rest of the neighborhood. E)Even with the proposed additions, the property will meet all hardcover and lot coverage limitations. 4.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. 5.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 4 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a second story addition, three season porch and deck, such additions being located 2.8' from the left side lot line where a 10' setback is normally required, and 16.8' from the street lot line where a 30' street setback is normally required, subject to the following conditions: 1.Authorities granted by this resolution 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 9, 1991). 2.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 9th day of July, 1990. ATTEST; Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 3 of 4 J CITY OF ORONOP. O. Box 66 Crystal Bayr MN 473-7357 55323 ZONIKG FILE «1548 NOTICE OP PLANNING COMMISSION ACTION Date of Notice: June 21» 1990 TO:Julie s. Jensen 2700 Ethel Avenue Wayzata# MN 55391 COPIES TO: TYPE OF APPLICATION: Variance DATE OF MEETING: June 18. 1990 VOTE: 6 For 0 Against Planning Conmission recommends the following: Approval as submitted NOTES AND SPECIAL CONDITIONS: Planning Commission noted that the unimproved alley functions as side yard area and noted that they would look favorably upon vacation of the alley if the adjacent neighbors were to petition for a vacation. Also, it was indicated that the house is in line with others on the street, hence the 2nd story addition will not appear out of place. Applicant's next scheduled meeting is confirmed as City Council, Monday, July 9, 1990; 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. nTosPlanning ComraissiDn Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Fron:Michael P. Gaffron, Asst Planning &Zoning Administrator Dw.ce:June 13,1990 Subject:#1548 Julie S. Jensen, 2700 Ethel Avenue - Variance - Public Hearing Zoning District - LR-IC, Single family lakeshore residential, *5 acre, sewered Application - Request for front and side setback variances to construct additions to existing house. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Pertinent Fa ts - Application Plat Map Property Owners List Survey with Currently Existing Improvements Survey/Site Plan with Proposed Improvements Construction Plans (Footprint) Documentation from 1976 Variance 1.Existing house is 2.8' from the side lot line abutting an alley, where a 15* setback normally would be required. This alley is not improved but does contain City water lines. There is no intent at this time for the City to develop this alley. It appears to be maintained by the neighboring property owner as yard area. 2.Applicant proposes to construct a 3—season porch first story deck, eastward from the existing house, continuing the 2.8’ side setback from the alley.A variance for the first story deck was granted for this in 1976.That deck was built and has since been removed. 3.The existing house is 18.8' from the front lot line,where a 30' setback is normally required.Applicant proposes to construct a second story over the existing first story, with a 2' cantilever over the front of the house. That cantilever would therefore be 16.8'from the street lot line.Again, the portion of this addition would encroach into the 15' side setback. 4.Applicant was recently granted building permits for grade- level decks at the rear of the house.A hardcover review at that time indicated hardcover of 15.1% where 30% would be allowed.The new proposed additions would increase hardcover to 17.3%. Lot coverage by structures would increase to 12.4%, meeting the 15% limit. Zoning File #1548 June 13r 1990 Page 2 of 2 Discnssion - Applicant has not provided an elevation view of the Proposed second story addition, however, a copy of the previous building olan is on file. Staff has not calculated the area of foundation ^bove and bflow grade in order to define the height of although it would appear that the existing, house is ^ the 30^ height limit or just below it, and ® addition could not have a peak height of more existing peak to keep within the necessary h^vl tS be reviewed before a building permit could be The applicant would be well advised to tht proposed second story addition to verify that a height variance will not be required. Although the existing and ?hat^side'*ofis2.6“ from the alleyway, the nearest building to that side of the house is the neighbors' detached garage, away. The proposed additions appear to have no significant Impact on reducing light or open space for any neighboring properties. The additions do not cause any lot coverage or hardcover problems. staff has received no negative ®°““®"ts from any ne^^^^^ The Kauffmans, neighbors to the north, have indicated that they are in support of the application. Staff Recommendation “ Planning Commission should consider whether or not the proposed additions will have a negative Neighborhood. If not, a recommendation based on the existing location of the house in relation to lot lines. /j ; k ‘P:^s:) & e 0-77-tr-«.: CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee) #1^48 ’ PROPERTY LOCATION Site Address J21bb msms-co -r-.f ^y*o^ Property Identification Number (P.I.D.)-IH > Attach legal description to application if not included on required survey. APPLICANT Name OurriSi R i Phone (home) ^1L-~l\93 Phone (wor)c) Address: City: Zip: / OWNER (if deferent than applicant) Name nJUL'ul I. Phone (home) -^"7 ( -I ^ 5 Phone (work) -O- Address: ^Arhe^L City: \A^‘0iLj7rym, Zip:fV\iN\ 653^ I Date Property Acquired C^<LTC^^e.C \.^1 3 _ _ _ _ _ _(month/year) I (do) gdo nop^ also wn the adjacent parcels of land PRESENT USB OP PROPERTY Present Zoning District _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Present Use of Property ______|~fr)fYvP^ • ._________Residential Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $ 30 ono' Describe request in detailyCifu |^)h^ (sj'T A-i? VARIANCES REQUIRED _ _ _ Lot Area _ _ _Lot Width Setback Variances J )(Front ^ _ _Hardcover Side Rear) Other ““^DeLribe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; F iNhLl.^>—"TP 4-0 \\fk^ DBSCRIPTION^OFu^SOMpPROPra^^ compliance with Zoning Code Requirements; required submittals ifli?t BS3"?In^y%fpa??m“t ^i. SoTt ?^n^?^r 348-3271). ^ i:ffii."rbr=.«r,.yon« hardcover calculations as required. ^____ 5.Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6.Sketches or plans of floor and elevation views.^i 7.As an addendum to this application,please attach a separate J o any other persons you wish notified of this application. 8.Additional items as may be requested by City staff. YOU ARE REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WolSlN^O^ (11- X 17- OR SMALLER) FOR ALL DOCUMENTS SOTMIT^_.^_ _ The Apv'icant and Property Owner must sign this remember that vour variance application is not complete if the above Infonnation has not been included._ _ ___ _ _ Certification by Clerical Department that Variance Application is complete. Initialed by Clerical Staff;_ _ ___ _ _ _ _ _ _ _ _ _ _ _zrrr.-f-f_ _ _'_ _ _ _ _ fhf^^llcant^h^^ agrees to provide all i:: rred in review of this application,and certif. es that the ^nforma.io supplied is true and correct to the best of his/her knowledge. Applicant's Signature ^- - -Date - - -- OWNERS SIGNATURE fnr<-h#»rThe owner hereby ackowledges and agrees to this aPPli=/ti°n and furt^ authorises reasonable entry onto the property by City staff,consultants^ agents. Commission members, and Council members for purposes of investiga tion and verification of this request. Owner's Signature - - - - -Date z'ZZ Appliclnt’must have all submittals into the City offices thePlanning Commission Meeting.Planning Commission Wss^ings are held on t^e third Monday of each month.Applicants must be Pt«sent at a 1 i schedu1ed review meetings of the Planning Commission and Council.If ^n applicant 1 unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & -oning Office of this change prior to the meeting. )2) ... •.·• (J) \ ,•, - •4!J,JS#l? "$ $!JD/JI:I.OT I, S?l!IMG /',,.2HD DIYISIOJJ • 'J!l'SSEI.$ -• { OF S?II /Kt; ·,J.OTS I SK> <e is I O O ul O's>•> uj m rlJS o OtOiUi- “i lU K K ><< = «M W lU 111 CO (M ^ < K1 O -i iis Xo Ui m UI(VI UJ u. UI IkOUi O’UI ^o SB o UJ ZUI (_i 41$as- ts 4 >>X (VI 4 O ^ UI M X X UIKl _| UI UI Ui “) UIKl -1 U M If!M I o: -1 _i M < D 3 -« Z M U Q. o. 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'...:. -:L· _:J_.1;_;.:-� -�_:.,:;..;=---- _.... I.._; • .,·-. :· :· ----:;. , .. : •• � �";··· <f''utJt�l',� o �·-�· ------. .... I I ·•·-�·,�--··;.-;., , ... 'u, , ',. "·i I i _..,.. '.: ·' I I� ... I r. E)(J-1,G,'I I - -.. I I fl I a / JcJm^' K.r HthWmim^^ Mb m jecsaswr--mmmm % w E»Mr'^’ ^^25'y;' ^ c c. 7 i a I m it U Is"' i-if wI! 1 1 -irv i-i^rmror ir ion to':...-"on‘-or.tn- -.tnictur- M,w. tu„ ,o. is con., it is stiU f T. u:M <>ocs no^Wt t,. rront vnr.. r;?,.;* rcuirc^^n; of TO* no.- si.U- vnr.1 sctbock icomn-oont vouM. houvx-cr. mnintnin tlK sarv woiili! 1'c ncccss:ir>-: , struct.,rc n.Mition to n io, f.nt is o.:.- so. ft. too snul. .n ;. Vn^Min :.S- si.V vnr.i sotbnct ..hich is short of rc.,mrc<l 10' sctU-icK. •to o,.n this nno.. for uso ...... .. ..the r.-novni of shout •. .nr,c trees in the .ho.-. th.-o ,..o lots .s< conhine.1. -nt -se shouKt conflm this before tnkinr action. riA>«IN(l cmnssim MBTINC - Sove^er IS. 1076 Ksxsu; :rsrx«*o»-" is .nvnllflMc for c!cpnnsl«i. CONCIL MECTINT, - November 22, 1076 3SH :S^S^?,C■H oS S W... po-.. vation of existing trees on said alley. •:!V’rTS OF A rLA.N'NING CaraSSION 'EETIN'G held NOVetBER IS, 1976 - PAGE 4 proposed side yard setback of 6’. She wanted setback to be the required 10*. Ron Grund» ' neifjhbor to the north, not concerned about the side ya.d setback. However, he did object to the proposed location which would extend 15-20' closer to the lake than his home. After their comments were heard, Chaiiwotnar Dunlap stated that this matter would be ccTitinued later in the meeting and that ^tr. Ortenblad would be informed of these concerns. I^ARRD^ ORTENBLAD (Continued) #195) Nona Kuglin, son of the applicant, was present. Tlie Zoning yjministrator stated that the applicant is requesting approval to add a garage to the existing non-conforming lot. Die cars, etc. that he is currently storing outdoors would now be enclosed. Per m>' suggestion, he has agreed to maintain an 84' side yard setback, a 10’ setback from his house and a 22' setback from his property line along Olive Avenue. Proposed garage would be 22’ x 22*. K proposed location would be changed to meet side yard setback, the rear entrance to house would be obstructed. K'oolley moved, Guthrie seconded, to approve variances so as not to obstruct the house entry and no other land is nx^ilable. Motion - Ayes (5), Nays (0). Mr. Jenson was present. He is requesting approval for an audition to their non-conforming structure which docs not m.?et the front and side yard setback requirement. Tlie proposed addition would have no affect on die front yard setback; however, the same 2.8’ side yard setback would be maintained.Hank MUhich stated that the unimproved platted alley between subject prqx?rty and neighbor to the north would tend to provide the necessary distance between stinctures.The addition would be an improvement to the property.No other land is available for expansion.TVo lots are combined. rcv-xl,..McDonald seconded, to approve because of the nrture of the lot, no other land is available, platted alley provides necessary distance between structures, no additional encroachment as proposed addition we ld only be a continuation of existing hoa‘^e lines, ^btir -Ayes (5), Nays (0). EDIVIN KUGLIN 2314 SHADYi^OOD R0.4D VARIANCE - ADO GARAGE TO NON-CONPORMING LOT AND SIDE YARD 8 STREET SETBACK (#196) CURT JENSQN 2700 EITIEL AVENUE VARIANCE • LOT AREA 5 SIDE YARD SETBACK FOR ADDITION TO N0^-CQ^^P0R^fTNG LOT (#197) Tlie Planning Cormission took action on the folliving Work Session items. riie Zoning Administrator stated that the Mondale's arc requesting approv’al to add a 24' x 30' attached garage to tlici existing divelling. The present tiick-undcr garage •.could be used as a recreation room. There wxxild be no in access. All setback requirements would be met. There is no way to expand lot. Guthrie moved, Hannah seconded, to rcccmmcnd approval as m>other l.and is available and all setback requirements will be met. Motion - Ayes (5), Nays (0). GARY F. “ 1965 VARIANCE WIDTH (»198) <OAD CP.ONO COirNCIL MEETING HELD NOVEMBER 22, 1976 The following variances would be required for approval: VARIANCE 2314 Shadywood Road (Continued) 1.Lot area variance - 15,215 sq. ft. 2.Lot width variance - 35 ft. 3.Side yard setback - 1% ft. 4.Roar yard street setback - 8 ft. Planning Commission Meeting - November 15, 1976 Recomnended approval of above variances as no additional land is available and changing proposed location of garage to meet side yard setback would result in obstructing rear entry to house. Also approved rear yard setback variance as 22 would be adequate for parking off the right of way and location would provide necessary 10' between structures. Butler moved, Welsh seconded, to approve the variance requests for Edwin Kuglin, 2314 Shady- wood Road, per the Planning Commission Minutes of November 15, 1976, subject to side yard setback not less than 5'. Motion, Ayes (4) - Nays (0). Henry Muhich, Building 6 Zoning Administrator,vy^ARlANCE statid that Curt Jenson, 2700 Ethel Avenue, is 2700 Ethel Avenue requesting a lot area and side yard setback for #197 an addition on a non-conforming structure.Although Curt Jenson this lot is wide enough, it is still substandard as it does not meet the minimum 1/2 acre (21,780 sq. ft.) area. This lot is only 15,000 sq. ft. in area. The existing structure is non-conforming in that it does not meet the front yard setback requirements of 30* and side yard setback require ment of 10*. Mr. Jenson is requesting approval for an addition to this existing structure.The proposed addition would have no effect on the front yard setback. The addition would, however, maintain the same 2.8* side yard setback.Therefore, two variances would be necessary: 1.Structure addition to a lot that is 6,780 sq. ft. too small in area. 2.Maintain 2.8 ft. side yard setback which is 7.2 ft. short of required 10 ft. setback. The house to the north is located 35 ft. from the Jenson structure which is adequate from the •safety standpoint if the alley is never vacated Tor any other additions.To open this alley for •ISO would require the removal of about four large trees in the alleyway.(Continued) •^PCAiO COUNCIL MEETING MELD NOVEMBER 22, 1976 . eKAMtt ♦•heae two lots as combinaji, !,ut Se should confirw this before taking action. Planning Connlsaion Meeting - Novenber 15, 197« ^s*'SS?r2.9''*t-rthr’u^ISproved"platted alley loct?ed b;tweenV.^operties -o-W ♦■Krt n«r?«>asarv distance between structures.The lot area variance was approved as no adjoining land is available for expansion. Dutler moved, Welsh seconded, to Henrv Muhich, Building & Zoning administrator, stS«d tha. Gary Mondale, 1965 Country Club Road, is reau-sting approval to add a 24 X 30 attacnea garaK tnIir existing dwelling.They currently Cve^a tuck-under garage. Since I this, I have not been able to contact as to what their plans might be existing tunk-under garage. If __ include renovating the existing garage area as additional living quarters or recreation room, I see no big problem here. All setback requl? ments will be met, ^ is no additional Und available to increase either the lot width or ai'<ia. Planning Coft^'’.aniorr neeting - November 15, 1976 Recommended approval as no additional land is available a.rd all setback requirements for the proposed addition would be met. welsh moved, Butler seconded, to uPP”^%^|’* „ vsrlance request for Gary Hondale, j-’®* Coun^^ Club Road, per the Planning commission Minutes ^ of Novenber 15, 1976. Motion, Ayes (4) - Nays Page 14 VARIANCE 2700 Ethel Avenue (Continued) VARIANCE 1965 Country Club Road *198 Gary Mondale Henry M hich, Braiding 6 Ad: ^nistratoi stated .hat Richard Keaveny.. ^425 Shoreline a will be »oving . a drug .sf- * into the building from which thO v.-jper Valu . ve is nw vacating. The identification pylon sign currently being used by Super Valu is ^rger than permitted by our ordinance and also .icroaching thr ront yard setback requirement. , .3^ '»horeli‘-e Drive ft* >34 V^c^v^rd Koaveny (Continued) .r.r-TT Tos .From: Date: Subject: COUf^CIL i*/iE£f JNGMayor Grabc^x & Orono Council MembersOrono Planning Commission Members JUL 9 1990City Administrator Bernhardson Michael P. Gaffron, Asst Planning &OfeiflSOliftator July 2,1990 #1552 Renee & Steven Foster, 1800 Shadywood Road - Variance /i Application - Request for hardcover and lakeshore setback variance for construction of a walkout/patio/hot tub area on lakeside of house. List of Exhibits ^ Exhibit A - Planiiing Commission Action Notice 6/21/90 Exhibit B - Planning Commission Minutes 6/18/90 Exhibit C - Memo & Exhibits of 6/13/90 Discussion - Please review carefully the memo and exhibits of June 13, 1990. This lot was in common ownership with the property at 1810 Shadywood Road and granted u lot area variance to construct a new house in 1985,conditioned on meeting all setback and hardcover requirements.The house was constructed,and^ the initial owners then requested and received a hardcover variance to widen the driveway to a more functional configuration. That variance allowed 35% hardcover in the 75-250' zone. The current applicants, having recently purchased the property, were surprised as was staff to find that currently existing hardcover is 40.5%. The previous owner apparently expanded the driveway in excess of what had been allowed. Pla^./xng Commission rev' I8th meeting, and on a 6 additional hardcover, fi applicants are not at fault, nc t been adhered to and ’ thi' rv plication at their June mmended denial of any that, although the current «/ious hardcover allowance has -xdnning Commission found no justification for granting additional hardcover The improvements proposed include excavation ^-artially within the 0-75' zone, to create a walkout and hot tub/patio area. The applicants propose that the excavation not "daylight" to a gravity runoff situation, and they would provi^ a sump-type drainage system discharging in the 75-250' zone. In general, all of the improvements would be at or below grade, and would meet th«s average lakeshore setback. Zoning File #1552July 2, 1990 Page 2 of 2 Staff Reconendl^tion - If the applicants were to redesign the walkout/patio excavation and improvements to be totally outside the 0-75* zone, the issue of hardcover would still be a concern. Planning Commission did not wish to consider any new improvements, however, unless the applicants could revert the property back to its al wed hardcover of 35%. 1 tin Council would appear to have the following options; 1. Conceptually approve,directing staff to resolution for approval. draft a 2.Approve conditioned on redesign outside the 0-75* zone and/or reduce hardcover to a specified level. 3.Conceptually deny, directing staff to draft a resolution for denial. 4. 5. Table. Other. .po5CIT7 OF ORONOP. O. Box 66 Crystal Bayr MN 473-7357 ZONING FILE #1552 55323 NOTICE OF PLANNING COMMISSION ACTION Date of Notice:June 21,1990 TO:Steven & Renee Foster 1800 Shadywood Road Wayzata, MN 55391 COPIES TO: TYPE OF APPLICATION:Variance DATE OF MEETING:June 18,1990 VOTE:6 For 0 Against Planning Commission recommends the following: Denial for reasons noted below NOTES AND SPECIAL CONDITIONS: Planning Commission reviewed the request for additional hardcover anc grading work to create a walkout patio, and recommended denial based on the history of approvet*' “rd unapproved hardcover increases on the property, anc also noting no work .should be allowed in the 0-75' zone. Planning Curjnlosion did not address the issue of resolving the current hardcover excesses. Applicant's next s»^neduled meeting is confirmed as City Council, Monday, July 9, 1990; meeti/.g 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. Planning Commission Chairman KelleyOrono Planning Commission MembersCity Administrator Bernhardson From:Michael P. Gaffron, Asst Planning & Zoning Administrator Date:June 13,1990 Subject:#1552 Renee & Steven Foster, 1800 Shadywood Road - Variance - Public Hearing Zoning District - LR-IC, Single family lakeshore residential, k acre, sewered Application ~ Request for hardcover and lakeshore setback variance for construction of a walkout/patio/hot tub area on lakeside of house. '.Ci n-rList of Exhibits * Exhibit A - Application Exhibit B - Letter of Request Exhibit C - Plat Map Exhibit D - Property Owners List Exhibit E - Survey with Staff Notations Exhibit F - Proposed Landscaping Plan Exhibit G - Hardcover Review Exhibit H - Resolution #1908 Pertinent Facts - 1.Applicants are proposing to excavate for a proposed walkout door on the lakeside of their existing residence. In conjunction with that walkout excavation, they propose to construct a walled patio below grade, with steps leading back up to grade. A portion of the excavation is in the 0- 75' setback zone. 2.Applicants also propose to expand their existing entry step at the west side of the house. 3.Applicants' initial landscape plan also indicated a stepping stone sidewalk along the right side of the house. This was dropped after applicants discussed the hardcover history of this property with staff. 4.This lot was granted a lot area and width variance in 1985. Conditions of that variance limited the property to 25% hardcover in the 75-250' zone. A house and site plan was submitted which met those conditions and the house was constructed. The purchaser of the new house, James McNaughton, requested additional hardcover to make the driveway functional. A further variance was granted to allow up to 35% hardcover. A review of the hardcover in June 1990 indicates that the existing hardcover in the 75-250' zone is 40.5%. It is apparent that McNaughton constructed driveways larger than was strictly allowed by Resolution #1908. Zoning File #1552June13,1990 Page 2 of 2 5.Existing and proposed hardcover is as follows: 0-75' ; 75-250': Allowed 0 35% (3421 sf) Existing 2.0 40.5% (3950 sf) Proposed 2.3%(133 sf) 42.7%(4170 sf) Discussion - This property is another prime example of the "expanding hardcover syndrome", in which the intentions of the City have not been fulfilled. Although the current applicants had nothing to do with the existing hardcover situation, creating additional hardcover on the property would seem to be questionable. The apparent reason why hardcover currently exceeds 35% is because the driveway was constructed significantly wider than it should have been. This would seem a logical area in which hard cover removals might be considered. The existing declc is not the shape of that originally proposed, but approximates the approved square footage.While the existing declc meets both the 75' setback and the average lakeshore setback,the proposed patio will extend approximately 8' lakeward from the 75' line.The proposed patio area will be below grade, and applicants propose some sort of a french drain system to handle any run-off into it.Perhaps some sort of pump system will be needed.Applicants should seek competent advice on this matter. The City has denied many requests for excavation in the 0- 75' zone to create walkouts in recent years. Does this proposed excavated patio area fall into the same category, or is the fact that it will not be fully excavated to allow a gravity run-off situation but be contained by a surrounding retaining wall, make this a unique case? Staff Recommendation - Please review the attached exhibits, and if possible view the site.If Planning Commission feels that the proposed hardcover increase is justified by a hardship or unique circumstances, then a recommendation for approval migV.t be appropriate. Planning Commission may wish to consider removals of portions of the driveway to reduce the hardcover back to a level more consistent with the previous approvals.Planning Commission may also wish to ask the applicants to revise their plans to avoid any grading work, construction, or retaining walls within the 0-75' zone. 1^To:Planning Conunission Chairman KelleyOrono Planning Commission Members City Administrator Bernhardson From:Michael P. Gaffron, Asst Planning & Zoning Administrator Date:June 13,1990 Subject:#1552 Renee & Steven Foster, 1800 Shadywood Road - Variance - Public Hearing Zoning District - LR-IC, Single family lakeshore residential, *5 acre, sewered Application - Request for hardcover and lakeshore setback variance for construction of a walkout/patio/hot tub area on lakeside of house. : ’T Pr.List of Exhibits ' Exhibit A - r^pplication Exhibit B - Letter of Request Exhibit C - Plat Map Exhibit D - Property Owners List Exhibit E - Survey with Staff Notations Exhibit F - Proposed Landscaping Plan Exhibit G - Hardcover Review Exhibit H - Resolution #1908 Pertinent Pacts - 1.Applicants are proposing to excavate for a proposed walkout door on the lakeside of their existing residence. In conjunction with that walkout excavation, they pxopose to construct a walled patio below grade, with steps leading back up to grade. A portion of the excavation is in the 0- 75' setback zone. 2. 3. 4. Applicants also propose to expand their existing entry step at the west side of the house. Applicants' initial landscape plan also indicated a stepping stone sidewalk along the right side of the house. This was dropped after applicants discussed the hardcover history of this property with staff. This lot was - d a lot area and width variance in 198^. Conditions oi hK variance limited the property to 25% hardcover in ttt; 75-250' zone. A house and site plan was submitted which met those conditions and the house was constructed. The purchaser of the new house, James McNaughton, requested additional hardcover to make the driveway functional. A further variance was granted to allow up to 35% hardcover. A review of the hardcover in June 1990 indicates that the existing hardcover in the 75-250' zone is 40.5%. It is apparent that McNaughton constructed driveways larger than was strictly allowed by Resolution #1908. CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee) PROPERTY LOCATION Site Address /^oo oG 0 Property Identification Number (P.I.D.) fl- i \ co ’Z,Cp_ CITY OF OROtiQ '7K isn01 £3 am' 71 •(SUFT-TFFHS YOU.fii'viso cool m Jir.K 05/25/90 Attach legal description to application if not included on required survey. _____________________________________ APPLICANT Phone (home)—uj---------- Name ^ a / <v - ^ ^ Phone (work) ----- Address; AD ^ n/rrh P>a L City; 0/^^;UQ ----------- ZiP__ OWNER (if different than applicant)Phone (home)^- - - - - - - - - - - Name _________________________________________ Phone (work)_^--------------------------- Address; ____________________________— ---------------------------Zip.^^------------------- Date Property Acquired_______________________________ (raonth/year) I (do not) also own the adDucent parcels of land. PRESENT USE OP PROPERTY Present Zoning District -- - - --- - - - - - - - - - - - -- - - - -- Present Use of Property ___________________________________/^identoa^ ____________Other (specify)________________________ DBSCTIPTIOn"op OEST Estimated Construction Cost - - Describe request in detail; UJs— _______^ ------------------------------------------------------------------------------------------------------------------------------/f/trx /Ay/Ayc VARIANCES REQUIRED Lot Area _ _ _Lot Width X „ Hardcover 'I Setback Variances (_ _ _Front _ _ _Side - - -Rear) Other _ _ _ _ _ ___ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _— - - - - - --—^- - -- !Ii HARDSBXPDescribe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:o^- ^ / >1/yj'^ e-A DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS . u t 4 Describe unusual property conditions preventing compliance with Zoning Code Requirements:A'^A-cr'iO__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ REQUIRED SUBMITTALS 1,Completed Application Form , 2.Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271).^ 1.Plat Map (obtained with property owners list).. , j 4.Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required. . 5.Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6.Sketch's or plans of floor and elevation views.^^4: 7.As an addendum to this application, please attach a separate list ot any other persons you wish notified of this application. 8.Additional items as may be requested by City staff. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR A WORKING COPY (11* X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The Applicant and Property Owner must sign this application.Please remember that your variance application is not complete_if—the— information has not been included._ _ _ Certification by Clerical Department that Variance Application is complete. Initialed by Clerical Staff:_ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _— APPLICANT'S SIGNATURE • j ^ The applicant hereby agrees to provide all information 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 corr^t to y^ehis/her knowledge. Applicant's Signature - - - - - -Date /ffg— The owner hereby ackowledges and agrees to this application ana fur^^ authorizes reasonable entry onto the property by City staff,consultants^ agents. Commission members, and Council members for purposes of investiga tion and verification of this reqi^ty Owner's Signature _ _ _ _ _ _Date Applicant must have all subluttals into the City offices 25 Planning Commission Meeting.Planning Commission are held on the third Monday of each month. Applicants must be present at ^11 sc^e^ 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. \ _ ... , ---------- - { 1) • (9) ........ ·• ....... . . -·· .. : I )1 ;..! ! :• .. :r ...'r :) ♦:..I, �:' : .. : :.,..� :-i; J: -ct.!l..C# �NGP@-------- ewe,: �� '-'" - ,:. RIM DATE 05/Z9/9C BATCH 00Z PROP ADDR �R NAHE TAXPAYER NAl1E/ADDR PROP ADDR <ff.lER NAt1E TAXPAYER NAHE/AODR PROP ADDR �H NAME TAXPAYER NAME/ADDA PROP ADDR C"4NER NAHE TAXPAYER tlAME/AODR 38 17-117-23 21 0007 00038 ADDRESS lMASSIGNED STATE LAND DEPT CITY OF ORONO HARSHLAND PROTECTION/ALS()JfL4 7/27/73 ST DEED 144567 STORM HTR PONDING&FILTRATION 38 17-117-23 21 002401780 SHADYHOOO RD GLENOINE � HARRIS GLENDINE � HARRIS 1780 SHADYHOOD ROAD HAYZATA K" 55391 38 17-117-23 21 0027 01810 SHADYHOOD RD DANIEL E TIBBETTS SB TIBBETTS & J A JAN<E 1810 SHAOYHOOD RO HAYZATA t1N 55391 38 17-117-23 24 001501820 SHADYHOOO RD T & P SCHERBER T L & P P <-,::•ERBER1820 St' .. OYH'.>'>L RO HAvr·. A HN 5�;391 HE�PIN COUNTY PROPERTY JNFORHATION SYSTEH PROPERTY o.4ERS L�ST 38 17-117-23 21 000801795 SHADYHOOD RDl & 0 PILGRAHLEROY & OELPHIE PILGRAH BOX 81 NAVARRE t1N 55392 38 17-117-23 21 0025 01790 SHADYHOOO RD DJ URl!AN & J HURBAN DONALD J & JEAN URBAN 1790 SHADYHOOD RD HAYZATA t1N 55391 38 17-117-23 24 000101825 SHADYHOOO RD ROBERT G RUUD ETAL ROBERT G RWO 1825 SHAOYHOOD RO HAVZATA t1N 55391 TOTAL BATCH 002 00010 REPORT NO. Pl'.435401 38 17-117-23 21 0023 01770 SHADYHOOD RD R & C BLACK PAGE 3 RICHARD & CATHERINE BUCK 1770 SHAOVHOOD RD S HAYZATA t1N 55-391 38 17 �l'.ll-23 21 0026 01800 StiAOYHOOO RD S fl FOSTER & R R FOSTERSH FOSTER & RR FOSTER 1800 SHADYHOOD RO HAYZATA t1N 55391 38 17-117-23 24 000601835 SHAOYHOOD RO DOUGLAS H HAXHELL DOUGLAS H HAXHELL 1835 SHAOYHOOO RO HAYZATA t1N 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COU-,TY DEPARTHENT OF PROPERTY TAXATION, TO THE BEST OF HY KNOWLEDGE ANO ·:�:�Jff P7ev t,;m4 \u ..., I i H !\.? '1� () � ;� I I ! I!: I I I I I 1 I l I i' : I e, IN I I 11'1 I "-I - ! J,� .� I I J Iv < ·t1"1 :g. :u '�. <iO � ·M I c;, � � r' ,, :..i ... , 3 =l :/ 0 � '9 C d) ... --·- ' e � < <( < � ·� <L,i "- () i� � � �� 'y:, ½: ,, Vl fil�-+ f. t 0 "( \ / J "")-a 0 � ("'I � (\) 3 .., l «: j (\_ � j 1 3 I I �: �1 J'-r,,, ,, ·• a i. r1 � �{ - � -- II (I '{ 0 � "-,, � "' vi C) � -' Cl,.. \.11 � � � �. <:) t. c-�� ';, I "1 I I � () �I' •j'• n, .., � 0� ,S • (J"" -\ )<. CJ) �-� f. V\ � � ' � -·-- +- i 0)() 4 <r- � 3 - ��r-J r--- � 0 � i 0 t; { ,\ \.i""" ' I i !G' ' I I ; ...... -=-�- I I : I i ! I I i I I I I I PPON HOlLO (H'PSEPV IHC.Ibi 5.k9. !<»?«JOi 54THE CITY OP ORONO 612-U73-7357 005 HARDCOVCR CALCUUTION HORKSHEET setback ZONE! (circle one ) 0-75' 75-250' 250-500' 50G-1000' Existing Hardcover in Zone ....................?o . ■House length WIDTH ?/ ?/.5- e.Drivl - li SlngWALK—^ I'Y ______________ X _____________X r>cfaL'c( X X S.P 3.F S.P •••»: 3C> > X _ X_____L lOOC,re:.,.J KorS . A75" ! X '•7 /-ii B.>TlO/< UiCK ^ C7 'CAPt X X 2^ X ys-rz JZ30 s.P.'^ S.P. PLAS I i\. /pn s.F, S.P S.Pi i •;5'■V;. X- 1 . • ■^ {1 •' >.•;v•4 itI •■5 I;•• ■I t ■VI • I I ··"'-I .. . : �- -I ... .. ... ,... ca •·' • I ' ' I f •• u, ft ■. -<1 .-s. City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 1908__________ e>^. H- A RESOLUTION GRANTING A VARIANCE TO MUNICIP^ ZONING CODE rFICTION 10.22, SUBDIVISION 2 PILE #996 WHEREAS, James McNaughton (hereinafter "the applicant") is the owner of the property located at 1800 Shadywood Road within'the City of Orono (hereinafter "City") and legally described as follows; Lot 21, Shadywood (hereinafter "property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the paving of a driveway and backup pad which will increase the 75-250' lakeshore hardcover to 36.4%, exceeding the 25% 75-250' hard cover normally allowed. Minnesota; NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1.This application was reviewed as Zoning File #996. 2.The property is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3.The Orono Planning Commission reviewed this application on December 16, 1985, and recommended approval of the proposed variance based upon the following findings; A)This property was granted lot area and lot width variances per Resolution #1718-A on January 14, 1985. No other variances were granted at that time, and the condi tions of Resolution #1718-A specifically noted that all improvements must meet City requirements, and that the hard cover must not exceed 2,280 square feet (25%) in the 75—250 setback zone. B)Upon approval of the building permit for construction of a residence on the property, staff noted the recalculation of lot area by the surveyor which would allow 2,444 square feet of hardcover in the 75-250' setback zone. C)The house was constructed,and gravel driveway was installed in excess of the hardcover limits by the builder. Excelsior Design,prior to applicant's purchase of the property. Page 1 of 4 / -------..r ..5 \■: :f City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 1908_________ D)The applicant's claim that the -grass paver mono-slabs proposed by the builder are not suitable for Minnesota s fevirl cliLtic extremes, and will suffer frost heave and plow disturbance, is a valid claim to the extent that failure of such a system would potentially applicant's vehicles. In addition, the "grass pavers" has not been demonstrated under continuous usage conditions. E)Applicant has a valid hardship from a safety in requesting he be allowed to have a backup pad so he does not have to back out onto County Road 19. F)The requested 75-250' hardcover of 36.4% is not exceptional but is similar to many other properties along Shadywood Road. 4.The City Council has considered this application including the findings and recommendations of the Planning Commission, reportrby City staff, comments by the applicant ®"d the effect of^the proposed variance on the health, safety and welfare of the community. 5.The City Council finds that the conditions orooertv are peculiar to it and do not apply generally to pther Serty in ?hH zoning district, that granting the variance Sould not adversely affect traffic oVopeVty- would pose a fire hazard or other danger to neighboring not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; nicesitry to preserve a substantial property right of the appli cant, and wouCd be in keeping with 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 lu^^d^\\slo;rirp%^mlt will increase the hardcover in the ’5-250 setback zone than 35%, where only 25% hardcover is normally allowed, subject to following conditions: 1.The driveway, backup pad, house, and other hardcover in the 75-250' setback zone shall not exceed 3,421 s.f. or Page 2 of 4 i • ISM Cityof OROIVO RESOLUTION OF THE CITY COUNCIL NO. 1908___________ 2.Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (January 13, 1987). 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 undersianed applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 13th day of Page 3 of 4 vop To; From: Date: Mayor Grabek & Orono Council Members City Administrator Bernhardson COUtiGIl PiimiNGJUL 0 CITY OF Michael P. Gaffron, Asst Planning & Zoning Administrator July 2,1990 Subject:Administrative Appeal, John Wojcik, 3310 Bayside Road Building Permit - Septic Considerations List of Exhibits Exhibit A - Staff Letter to Applicant 6/20/90 Exhibit B - Applicant's Letter to Council 6/26/90 Exhibit C - Pertinent Septic Code Section 12.30, Subdivision 4(E) Exhibit D - Portion of Preliminary Plat of Bayside Woods (adjacent property) Exhibit E - Excerpt Site Plan from Stubbs Bay Study Issue The Septic Code requires staff review of an existing septic system whenever the addition of bedrooms or plumbing fixtures, or a change in the character or intensity of the established use, is proposed. The applicant is proposing to increase the size of his house, by expanding existing bedrooms and adding a bathroom. The existing septic system is functioning adequately, although it is substandard in design and location. The attached excerpt from the Stubbs Bay study indicates that the expansion will encroach into tne only available "future potential drainfield expansion area , and that expansion area is so limited that, even if the room occur, it is questionable whether the drainfield could be suitably upgraded in the area available. Should the proposed house addition be allowed? Discussion In the past, the City has on a number of occasions reviewed similar situations to this one, and in general has endeavored to limit the development of a rural site based on the site s septic capabilities. This 1 acre lot is extremely limited because of steep slopes and intermittent creeks on three sides. The lot is unique and attractive, but has significant septic concerns not found on many other similarly sized lots. The area available for replacement of the existing septic system as shown on Exhibit E, is probably not sufficient to anything more than an interim repair should the existing system fail. Encroachment of that area with room additions would merely such an interim repair would be pushed further southward downhill. I Wojcik July 2, Page 2 1990 On the adjacent property, soil conditions required that a mound system be used. There simply isn't enough area within applicant's property that meets the code criteria for a mound system or even a trench system, if soil conditions allowed. The main question to be answered here is whether allowing the proposed additions will increase the load on the existing substandard septic system, possibly causing it to fail. Staff believes that the additional bathroom will tend to increase the short term rates of flow into the system, while not necessarily increasing the amounts of that flow initially. However, the expansion makes the house that much more liveable by a larger family, and this could ultimately lead to greater amounts of sewage to be treated. If the system fails, while interim solutions might be considered, the ultimate result could be a holding tank system. Because the property is within the Stubbs Bay Study Area, there is a potential for municipal sewer to be provided in the area.Staff is currently working to prepare materials to be sent to the neighborhood to survey the interest for such a project.Obviously, if sewer was provided to this property,the septic issue would be eliminated. The applicant has not provided a survey, since there is no point in spending the money until there is a determination by the Council whether the additions will be allowed. There is a pot.sibility that the proposed additions will be slightly less than the 30' required side setback, which would requir'' a variance. Again, applicant would not request a variance (if necessary) until he has direction from the Council regarding the additions. Options for Action Council would appear to have the following options regarding this property: 1.Approve the additions as proposed. 2.Approve the additions except eliminating the second bathroom. 3.Deny the additions until such time that sewer is available. 4.If full or partial approval is granted, some or all of the following conditions of approval could be considered; a.Require applicant to sign sewer petition/appeal waiver. This does not guarantee sewer will go in, but removes another potential obstacle. Wojcik July 2, Page 3 1990 b.Place applicant on notice that it is likely a holding tank would be required if the system fails, due to limited drainfield expansion area. c.If approval is granted for additions without the second bathroom, require a covenant be filed that owner agrees to not add a second bathroom until City sewer is available. Staff RecoBBiendation This is a case similar in nature to others the City has reviewed in the Stubbs Bay area, where expansion of the house ultimately may increase the need for municipal sewer in the area. For the reasons noted above, staff would hesitate to recommend full approval until such time that City sewer is available.If the sewer ultimately does not occur and the existing system fails,it is unlikely that a conforming septic system could be developed on the lot, and the City would be in the position of having to require a holding tank or having to allow repairs that would need setback and design variances. ^RONO^ -^SasSiSr CITY of ORONO Post Office Box 66 •Crystal Bay. Minnesota 5532?• Municipal Offices On the xWorth Shore of Lake Minnetonka June 20,1990 John Wojcik 3310 Bay-ide Road Long Lake, MN 55356 j^e: Proposed Additions Dear Mr. Wojcik: Tho Building S zoning ^epar^ent is in l°H :L°^ie=^n^°"unr!9:pSlnL^^netiew of ide' application finds the following concerns; 1.A Certificate of Survey is required. The topographic r **vio R;:?vs'de V7 oogs addition is not acceptaole the property, 2.Based on the plat drawing you provided, it v^ur additions mky be less than |?;rbvfrom the side lot line.Again, this mus. =e v-.t.-c . your surveyor. 3.Citv records indicate this house ='t'vjl"/h'^’t^ si?tv lid City codes require that whenever the bedrooms or plumbing fixtures ^5^ expansion or system review the existing system and require expansion alterations if necessary. BUILOI.NG A ZONING - 47J-7357 assessing ADMINISTRATION A H.NANCE - 473-735* KA,\ - 473-0510 PUBLIC WORKS - 473-7359 John Wojcik, 3310 Bayside Road Re: Proposed Additions June 20, 1990 Page 2 of 2 City records indicate your septic system is extremely substandard in relation to current requirements, but was fuctioning during the last inspection in 1988. There is no record of the size of your drainfield, however, records indicate that it is less than 75' from creek in your front yard, and there is very little room on the property in which to expand the system. Furthermore, the addition of the screen porch and deck on the south side of the house will further encroach on the extremely iimi^ec potential area for future drainfield expansion. For this reason, whether or not a setback variance is reauirea, the oroDosed additions will require review and approval by‘the City Council unless you can proviae a meets all current City standards. I. in ^ sewer becomes a reality and your house is served, at that point your septic system will no longer be an issue. We would be happy to meet with you to dicuss your proposed plans and the issues noted above. Please contact me at 473-7357 if you wish to set up a meeting. Michael P. Gaftron, * Asst Planning & Zoning Administrator MPG/tln . . cc: Mark E. Bernhardson, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator 3310 Bayside Road Page 1 of 2 Orono City Council City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 From:John and Kit Wojcik 3310 Bayside Road Long Lake, Minnesota 55356 Home phone: (612) 473-5033 Work (Kit) phone: (612) 936-6110 Date: Re: June 26. 1990 Building Permit Application for 3310 Bayside Road Residence We arc submitting a building permit application to the City of Orono to include the following: 1.Reside house and garage 2. 3. 4. Rcshingle house and garage Replace windows in house Add an addition to the back of the current house (crawl space underneath - no addition to the current basement). If you look at the architectural plan submitted, this area would allow: a) b) porch entryway (in the entryway an opening would be created going directly into the living room rather than entering the house into the kitchen). c)The addition would move the 2nd and 3rd bedrooms in the back of the house out farther to allow a hallway to the existing bathroom (currently public access to the one existing bathroom is either through the master bedroom or through the 2nd and 3rd bedrooms). The remaining area from the 2nd and 3rd bedrooms and the new space created would be combined to then become the new master bedroom area with a small private bath/dressing area and a 2nd L 4 1 '3310 Sayside RoadPage 2 of 2 bedroom. (The small bath in the new master bedroom area woula have basement space under it.) •The current master bedroom would become a den. The house is currently a three bedroom house and would remain so after the restructuring (master bedroom, 2nd bedroom and den/bdrm). So there would be no expanded usage to the current functioning private sewer (two functioning sewer tanks in place). The restructuring would allow us a more modem house with an entryway area that allows main entry directly to the living room area, public access to the current existing bathroom and a mas«er bedroom with a private bath/dressing area. 5.Screenporch and deck addition to the front of the house. axcB^’^r <:^Fnc §12.30 4 Site limitations including soil S:S'^-Eas of the date of adoption of this Section.In such cases, the City shall have authority to approve, conditionally approve or disapprove the proposal. 5. Subdivision proposals may include Alternative Systems for one or more proposed lots. In such cases, the City's review and recommendations shall be forwarded to the Planning Commission and Council for inclusion in the review of the preliminary plat. The Council may approve, conditionally approve oldisapprove of the proposal and may require that the proposed subdivision be redesigned to reduce or eliminate -.he use of Alternative Systems. E. Building Permit Applications. No building permit shall be issued by the City for any new building h^h will be connected to a new on-site system until the ^ite evaluation report and system design specifications as required by the Design Manual have been reviewed and approved by ^he City.No bui any^ permit or plumbing permit shall be issued by the / Lpansion or alteration of a building ^^e connected t^o an / existing on-site system,until such system has been i certified by the City as being in compliance with this Section, A Whenever the addition of bedrooms or plumbing fixtures, or a change ?r?hrcharyter or intensity of the established use xs Proposed, 1 the Citv may require the review and/or replacement, repair, \ aJterati^on o^r expansion of the existing system or any portion^ thereof. F. Subdivision Applications. No subdivision, lot division or replatting for the purpose of creating a new site, which property includes the use of on-site systems, shall be approved by the City until a site evaluation report '®2it- “^and the Design Manual has been revieweo and approved by the Cxt ,and all existing systems have been inspected and certified by y as being in compliance with this Section. 1. Wherever the site evaluation reporu indi- cates slopes in excess of 12%, or percolation rates slower than 60 minutes oer inch, or ground water table less than five feet deep, or soil classifications requiting the use of ^^ternative Systems, the site evaluation report shall also include specific system design specifications as normally required for building perm applications. 2.As part of any subdivision, the owner shall arant to the City in a form approved by the City a perpetual ll entry to allo'w for the future inspection of all ^y^ems, which ?ight of entry may be filed in the chain of title for the property. ORONO CC 494 (4-1-84) :, I V �3I &) J � er. � � .--------....---- .,,· ,, . '. C) •✓ BA^s\t>e' leoA-^ / HO' #4 3310 Bayside Road John Wojcik SHEET C 1/ |i BonestrooRosene Anderlik & Associates Engineers & Architects IbMft W Hoicn*. PE.Micpn C. Anecfn. P| M«rvri L. torvjU. PE ►cMftf I Vnr. Pf /*-nn C OH©«.p« C*nn R.Cook.PS Tnem«E No>ci PC Rooot 0 Scnwncnt P.I town M Ibow CPA A«rua W. Petttt. P£OenUd C Ib(9li0l PIJCrryAioukMA.PI. Mirt A HOmoA.PI 1MK PM PJ Mcnic T AoutmmA. PI. •eOrt » P»c«tnf PJ Oivtd0 LoPou.PJ TnoAMJ W PWMA PI Mi<nMi C lyiVA P| ttfVW P AAOWOA. piI OOft PI(MOOfT C.Mm.A.I> Tnomu I AAQui PI mokuiib a UAfjffl.kf 0%rm I tOQVton. PJ MarkA M«.PI pnao j cmmpi nmM.'Maimx.pj Markovtaatipe G»y P Ryl«nOtf P|Mkn 0 jcTDcn. P|i.PA«BOfM<«.Pf Bcnr C Piumait AIA M PlA® AJC P Jtny O MmitA. P| Ceeoo 0«v*»t PE Cn«nHA intiiioA lmM PMtUy >4aitM< M Oiior COUNCIL MEETING JUL 01990 CITY OF OROm .-p! July 5, 1990 City of Orono Box 66 Crystal Bay, Minnesota 55323 Attni John Gerhardson Re: T.H. #12 Sewer and Water Improvements Our File No. 13939 Dear John: We have received two (2)quotations to complete the restoration work for the above referenced project.Otten Br^'^-hers was the low bidder with a total bid of $53,611.59.We recommend the City award the work to Otten Brothers. If you have any questions please contact me. Yours very truly, BONESTROO, ROSENE, ANDERLIK St ASSOCIATES, INC. Harlan M. Olson HK0:dh 11/64 9A • C* 0<aiil •A17>A^A-4Ann 62790.2To:Mark E. Bernhardson, City Administrator Pro»;John R. Gerhardson, Public Works DirectoiCOIJNCIL MEETING Date:June 27,1990 JUL 91990 Subject:Pay Request #2 - Well #3 pjjy gp On May 10, 1990 I received pay request #2 for Keys Well Drilling,The pay request did not get ag^da for payment approval.The work has been completed and the pay request should be approved. Recommendation - To approve pay request #2 to Keys Well Drilling for an amount of $10,315.10. Proposed Motion - Moved by -----, seconded by 10^ request #2 to Keys Well Drilling for an amount of $10,. .5.10. Ayes _ _, nays _ _. To:Mayor Grabek & Orono Council Members From:Mark E. Bernhardson, City AdministratonvL vJ Forwarded recommending approval. Bonestroo Rosene Anderlik & Associates Engineers & Architects Ono G Bonfvnx) PEPooert W PE C Anoeflik. PE Rcnj/d E Tuinff PE Jiwn C O*ioo. PE Glenn P Coo*. PE Thorvis E Noyn. PE Robftt G Scnunew. PE Wjfvin L Soo(*j PE Kr«i A GonJon. PEW Pb«ff PE OonjX] C Sufgjroi. PE Jerry A BounJon PE VUfk A Hanion PE :«l K EekJ. PE Menaet T Rautmann PE Boom P Pfeffene pe Oav<l O Lovkoia PE Thomai W PWMon PE Menart C L;-ncn. PEjam« R Maiand. PEKennetM P A/xJenon. PE Mark R PbPs. PE PoCert C Pu»«k. A1 A Tnomas £ Angut, PE Mowaia A Sar.tena PE Danirt J Ejjgenon, Vane A^U • Mark D VWIkV PE* *TNxnai P Andewi.AIAGa»y F Pytanoef PE Ma«B Jenven PE L Pn*p Grave)in.PE Cnarei A Enckion Lfo V P*<wv*y Harlan M. Oiion Suvm M Ebtitn C PA=' -a May 8, 1990 City of Orono Box 66 Crystal Bay, Minnesota 55323 Attn: Mr. John Gerhardson Re: Well Number 3 Pay Request Orono, Minnesota File No. 139A9 Dear Mr. Gerhardson: Attached are four pay requests for Orono Well Number Three covers work completed through April 30, 1990. Please take action to pay the contractor the amount due. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. \9i20 The pay request 0 Daryl L. Kirschenman DLK:dh End. dlk/25 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 REQUEST FOR PAYMENT DATE!May 8. 1990 PLACE:Orono, Minnesota PROJECT:Municipal Well No. 3 16" Production Well PROJECT NO.:FILE NO.:139A9 CONTRACTOR: T.i ys Well Drilling Company ADDRESS: 413 North Lexington Parkway FOR PERIOD: From: Apr.1, 1990 To:Apr. 30, 1990 SPECIFIED CONTRACT COMPLETION DATE: St. Paul. MN 55104 REQUEST FOR PAYMENT NO.: June 15. 1990 SUMMARY: 1.Original Contract Amount 2.Change Order - ADDITION 3.Change Order - DEDUCTION 4.Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retalnage 5 Z Sub-Total 5. 6. 7. 8. 9. 10. 11. Less Amount Paid Previously AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: 70.155.00 70.155.00 33.444.00 0.00 33.444.00 1,672.20 31,771.80 21,456.70 10,315.10 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK 6 ASSOCIATES, INC. OWNER APPROVAL: By_ _ _ _ _ _ By_ _ _ _ _ _ Date: PR13949 PROJECT: Mnnlclpal Veil No. 3 16* Production Veil PLACE I_ _ _ _Orono, Minnesota_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ CONTRACTOR! Keys Veil Drilline Company_ _ _ _ _ _ _ _ _ _ PAYMENT NO.: 2f • FILE NO. I_ _ _ _ _13949 DATE!May 8. 1990 STATEMENT OF WORK Contract Item Unit Unit Est'd Quantity Amount Price Quantity To Date To Date L.F. BASE BID II - 16 INCH PRODUCTION WELL Item 1 Hobilization, transporting of materials & equipment & setting up same for construction of 16* production well Item 2 Drill open hole into top of Limestone to set 16” production well casing Item 3 Place 16” casing in open hole Item 4 Place neat cement grout in annulas around 16” production well casing Item 5 Drill 16” open hole through the Limestone and Jordan Item 6 Dynamite for blasting incl. labor for shooting, caps & wire Item 7 Bail Item 8 Furnish, install & remove air compression equipt. for air surging of the well L.S. L.S.$6,000.00 L.F. C.Y. L.F. Lbs. C.Y. Item 9 Air surging of the well Hrs. Item 10 Furnish, Install, & remove test pump for capacity test of well L.S. PR13949 35.00 32.00 200.00 25.00 2.00 40.00 1,000.00 100.00 . 2,500.00 Page 1 L S 160 300 400 L S L S 0.5 $3,000.00 310 10,850.00 9,984.00 4,800.00 190 4,750.00 60.03 PROJECT:Municipal Veil No. 3 16' Production Veil PLACE I_ _ _ _Orono. Minnesota _ _ _ _ _ _ _ _ _ _ _ _ _ _ CONTRACTOR: Keys Veil Drilling Company_ _ _ _ _ _ _ _ _ PAYMENT NO.:. FILE NO.I_ _ DATE: 139^9 May 8. 1990 STATEMENT OF WORK Contract Item Unit Unit Est'd Quantity Amount Price Quantity To Date To Date Item 11 Test pumping Item 12 Televise completed well Item 13 Sterilization of well upon completion, cleanup & weld cap on 16* casing TOTAL BASE BID II - 16* PRODUCTION WELL Hrs L.S L.S 90.00 950.00 1,000.00 100 L S L S $33.A44.00 Page 2 PR13949 PROJECT PAYMENT STATUSCITYtOrono, Minnesota PROJECTi Municipal Well No. 3 - 16" Production Well FILE NO.:13949 CONTRACTOR: Keys Well Drilling Company ORIGINAL CONTRACT AMOUNT $70,155.00 TOTAL CHANGE ORDERS $0.00 REVISED CONTRACT AMOUNT $70,155.00 DATE NO. 1 2 3 CHANGE ORDER DESCRIPTION AMOUNT TOTAL CHANGE ORDERS - ADD $0.00 PROJECT PAYMENT SUMMARY: PAYMENT NO. PERIOD FROM PAYMENT THIS VOUCHER VALUE COMPLETED RETAINAGE Start 4-1-90 3-30-90 4-30-90 $21,456.70 10,315.10 $13,850.00 33,444.00 $1,129.30 1,672.20 TOTAL PAYMENT TO DATE RETAINAGE FOR PAYMENT NO, TOTAL VALUE COMPLETED $31,771.80 1.672.20 $33,444.00 PR13949 if TO: FROM: DATE: 62590.1 Mayor and City Council Mark E. Bernhardson, City AdministratorV June 25,1990 OOIMILJUL 9 1990 CITY OF OROffO SUBJECT: Park Commission Chair Appointment Attachment:A.Park Commission Chair Appointment Memo Dated 5/31/90 ISSUE - Make appointment of an individual to be the Chair of the Park Commission for the balance of 1990. INTRODUCTION - At the Council’s June 11, 1990 meeting Council interviewed the two individuals interested in the position. At that discussion there were options discussed regarding Co-Chairs and also Chair and Vice Chair together with the possibility of creating a promotion "ladder". As noted in the attached memo the two individuals interested are: Alex Vongries Richard Flint Term Expires 12/31/91 12/31/90 ALTERNATIVES - 1.Select. 2.Table for futher consideration. 3.Appointment of a Chair and Vice Chair. 4.Creation of a promotional "ladder". PROPOSED MOTION - Moved by seconded by that Council appoint _as Chair of the Park Commission.Ayes _, Nays _ cc:John Gerhardson, Public Works Director Alex Vongires,4051 Highwood Road, Mound Richard Flint, 1405 Sixth Avenue North, Long Lake u 61490.:^TTTfi^eUr f\ TO:Mayor and City Council FROM:Mark E. Bernhardson, City Administrato DATE:June 14,1990 SUBJECT: Park Commission Chair Appointment Attachment:A.Park Commission Chair Appointment Memo Dated 5/31/90 ISSUE - Make appointment of an individual to be the Chair of the Park Commission for the balance of 1990. INTRODUCTION - At the Council's June 11, 1990 meeting Council interviewed the two individuals interested in the position. At that discussion there were options discussed regarding Co-Chairs and also Chair and Vice Chair together with the possibility of creating a promotion "ladder". As noted in the attached memo the two individuals interested are: Alex Vongries Richard Flint ALTERNATIVES - Term Expires 12/31/91 12/31/90 1.Select. 2.Table for futher consideration. 3.Appointment of a Chair and Vice Chair. 4.Creation of a promotional "ladder". PROPOSED MOTION - Moved by _,seconded by _,that Council appoint as Chair of the Park Commission.Ayes , Nays cc:John Gerhardson, Public Works Director Alex Vongires,4051 Highwood Road, Mound Richai-d Flint, 1405 Sixth Avenue North, Long Lake 53190.2 "AQj4fV\ciL)r A TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrato DATE:May 31,1990 SXTBJECT: Park Conunission Chair Appointment Attachment:A.Park Commission chair Appointment Memo Dated 5/25/90 ISSUE - 1.Interview prospective Chairs for the Park Commission. 2.Make appointment. INTRODUCTION - As noted in Attachment A Phil Bradley, who had been the Chair, has indicated that he would resign as Chair but continue his position on the Park Commission. As a result two individuals on the current Park Commission have expressed their interest in being Chair. DICUSSION - The imlividuals who have indicated their interest in it, whose resumes are attached, are: Alexander Vongries Richard Flint ALTERNATIVES -• 1.Interview. 2.Select. 3.Table for further consideration. RECOMMENDATION -- It is recommended that following the interviews Council table the matter until the June 25, 1990 meeting. V/ if *\ 52590.4HDTo:Mark E. Bernhardson, City Administrator From:John R. Gerhardson, Public Works Director .' Date:May 25,1990 Subject:Park Commission - Chair Appointment In May 1990 Phil Bradley resigned his position as Park Commissio.i Chair effective June 1, 1990. Phil will stay on as a Park Commission Member. Park Commission Members Alex Vongries and Richard Flint have expressed an interest in being Park Commission Chair. I recommend they be scheduled to appear before the Council on June 11, 1990. -7 3), !i'oyr\ 62590.2 cP^4 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrato] DATE:June 25,1990 SUBJECT: Advisory Commission Appointments CSUU MEETING JUL 91990 CITY OF ORCfJO Attachments;A.Advisory Commission Appointments Memo Dated 6/14/90 ISSUE - Determine what process, if any. Council desires regarding future appointments. INTRODUCTION - At the Council's June 25,1990 meeting Attachment A was presented for Council's initial consideration and was subsequently tabled to July 9th meeting. ALTERNATIVES - 1.Accept the information. 2.Adopt. 3.Amend and adopt. 4.Table. 5.Take no action. RECOMMENDATION - It is recommended that the Council accept the procedure outlined in Attachment A. ■/'! PROPOSED MOTION - Moved by seconded by , Council accept the process outlined and direct staff to use that in upcoming appointments. Ayes __, Nays __, lb 53190.3 TO: FROM: DATE: Mayor and City Council > Mark E. Bernhardson, City Adrainistrato^^^A^^ June 14,1990 SUBJECT: Advisory Commission Appointments Attachlll^>nt:A.Planning Commission Appointment Memo Dated 5/24/90 (Memo Only) ISSUE - Delineation of process for future appointments. INTRODUCTION - At Council's May 29, 1990 Council meeting discussion was held regarding the appointments process. It was indicated by the Council that there was not a desire for a formal process, but that there were issues discussed that Councilmembers would like to have addressed. DISCUSSION - Attachment B represents an "informal" process that would be appropriate to both the timely submission of applications together with addressing the necessary level of expectations for cr.'.didates. ALTERNATIVES - 1.Accept the information for consideration. 2.Adopt. 3.Amend and adopt. 4.Table. 5.Take no action. RECOMMENDATION - It is recommended that the Council accept the information and table until the July 9, 1990 meeting for discussion. PROPOSED MOTION - Moved by seconded by Council accept the information and table until the July 9, 1990 meeting.Ayes _, Nays _. 53190.4 CITY OP ORONO ADVISORY BOARD SELECTION PROCESS ADOPTED The following represents an outline of a flexible appointments process that the Council has adopted for guidelines to staff and applicants during the selection for vacancies of its various Boards, 1.When a vacancy occurs or when a term is to expire advertisements will be placed in the City's legal newspaper together with other appropriate notification of the impending vacancies. Advertisements will not be required for appointments of Chair and Vice Chair. 2.Notices will contain a closing date for accepting applications for purposes of administrative ease. The Council by a majority vote can either direct further solicitation of people or indicate by majority vote ones that they will accept after the established application deadline. 3.Applications should be in the form of a letter expressing interest and a resume of experience, particularly experience that may be relevant to the position from individuals who are new to the process. Letters of intent will be requested from incumbents 4.Council will hold interviews at one Council meeting and may extend the interview period if it desires to a subsequent meeting unless a different process is indicated prior to such interviews. 5.Following interviews Council will then decide what appointments they desire to make to the various vacancies. 6.Upon appointment of an individual, the City will send out letters from the Mayor's signature indicating appointment or thanking people for participation in the process. i \ i 51690/5 TO:Mayor and City Council , : FROM:Mark E. Bernhardson, City Administrato^ DATE:May 24,1990 SUBJECT: Planning Commission Appointments I-■nsatHwcujr A Attachments;A.Planning Commission Appointments Memo Dated 5/1/90 B.Petition Dated 5/23/90 C.Ordinance §31, Second Series D.Use Letter Dated 5/23/90 ISSUE 1.Discussion of appointment process 2.Determine if Council desires to appoint two vacancies on the Planning Commission. introduction - At the Council’s March 26, 1990 meeting Council directed stalf to solicite additional applicants to see if there were persons, primarily lakeshore residents, who might be interested in serving on the Planning Commission. As a result ot that, the City received 5 additional applicants, most of whom were interviewed at the May 14, 1990 Council meeting. On May 16, 1990 the staff received a call from Mr. Roll lartin that he had not received the notice, but would be availa..le for the May 29th meeting. Staff requested he be present. in a conversation on May 24, 1990, CounciImember Goetten requested that the issue of appointment process be placed on the agenda in advance of the discussion of the appointments. DISCUSSION Issue 1.Appointment process. has not had a formal appointment process adopted. In informa.l process was used establishing application for the purpose of being able to send out letters of in the packet to Council. Interviews were set for a generally the decision made at the following Council The Council the past an "deadlines" application meeting and meeting. in the past Council has allowed applicants who could not be at an initial meeting to do so later and also applicants for one position to be included with selection process for ''^^^ncies on other Boards after the "deadlines" for those other Boards "here vacancies had occurred. The only effective i,"® actual appointments with Council being aware of which were late applicants and which appeared for interviews. Some cities have formal processes established where others do it on an ad hoc basis. Issue 2. The following individuals have expressed their interest in serving on the Planning Commission; Rural/Urban Jeff Johnson Steve Johnston Candy Rowlette Rollie Martin Ralph Bagley Randy Weestrand -Lakeshore Resident -Lakeshore Resident -Lakeshore Resident -Lakeshore Resident U R R U U R (Subsequent to the meeting of May 14,1990 Ward Edwards requested his name be withdrawn.On May 1 5, 1990 at a visit to City Hall regarding the Park Commission appointment Sherokee Use indicated a possible interest in applying for the Planning Commission.In a follow-up phone conversation this week staff asked if she was interested in applying.As she indicated in her letter she felt it inappropriate to apply after the dealine.) The designations established for the Planning Commission are 2 Urban, 2 Rural, 2 At Large and 1 Lakeshore. The Council guidelines on the matter allow them diversions as they see fit. Designations of current Planning Commission members are; Charles Kelly R Maureen Bellows At Large Ed Cohen At Large James Hanson At Large Sara Moos R (; ALTERNATIVES Issue 1. 1.Continue an informal process on a vacancy by vacancy basis for advisory Boards. 2.Request staff develop a formal process for presentation to Council at the 6/11/90 meeting for advisory boards. 3.Table for further consideration. 4.Take no action. Issue 2. 1.Appoint persons to fill the vacancy. 2.Table for further consideration. PROPOSED MOTION - Moved by _,seconded by _, that Council appoint _ and _as members to serve three year terms on the Planning Commission, these terms will expire March 31,1993. Ayes _, Nays _. Applic?.ntr^'2r- ' only) 1 5190.H TO: FROM: DATE: Mayor and City Council Mark E. Bernhardson, City Administrator May 1,1990 SUBJECT; Planning Commission Interviews Attachment:A.Planning Commission Appointments Memo Dated 4/6/90 B.Letters From Applicants: Candace Rowlette Rollie Martin Ralph Bagley Randy Weestrand ISSUE - 1.Interview persons for Planning Commission 2.Selection of person INTRODUCTION - At the Council's April 9,1990 Council meeting Council requested that additional persons be solicited for Planning Commission.As a response staff placed additional ads in the newspaper to determine if there were persons interested particularly those who were lakeshore residents. DISCUSSION - In addition to the two individuals Jeff Johnson, who is currently an incumbent on the Planning Commission and who may soon become a lakeshore owner together with Steve Johnston, who had applied last year for a position, the City has received the following as applicants: Candace E. Rowlette (Unable to attend 5/14 because of previous commitment) Rollie M. Martin Ralph C. Bagley Randy Weestrand As you will recall you will be appointing two persons from the 6 interested of which Jeff Johnson is an incumbent. In addition the Planning Commission has not had the Planning Commission Chair and Vice Chair officially appointed effective 1 April, 1990 so they request the following persons be appointed: Chair - Charles Kelley Vice Chair - Maureen Bellows ALTERNATIVES - 1.Interview the candidates. 2.Determine if other candidates should be solicited. 3.Appoint two Planning Commissioners. 4.Appoint a Chair and Vice Chair. RECOMMENDATION - It is recommended that following interviews that the Council table the selection of additional Planning Commission members until its May 29th Council meeting, at which time it might have the chance to interview those not able to attend this Council meeting, but that it select and as the Chair and Vice Chair for the Planning Commission for 1 April, 1990 to 31 March, 1991. PROPOSED MOTION - Moved by _, seconded by _, the Council table the selection of additional Planning Commission members until the May 29, 1990 Council meeting. Council appoints _ _ and _ _ and Chair and Vice Chair of the Planning Commission for 1 April, 1990 to 31 March, 1991. Ayes , Nays c J I 62590.3 TO:Mayor and City Council FROM:Mark E. Bernhardson, City Administrato DATE:June 25,1990 COUr^CIL P/IEETING JUL 91990 CITY OF OROfjO SUBJECT: Highway 12 Citizen Task Force Advisory Attachment; A. Highway 12 Citizen Task Force Outline Role B.News Release Regarding Request for Appointment C.Letters of Applicants D.Letter to Applicants Dated 7/5/90 E.Interview Responses (Draft) ISSUE - Determine method to select two individuals to serve on that Task Force. INTRODUCTION - When the process for the Highway 12 Corridor Study was initiated there were three committees set up including the Policy, a Technical and a Citizen Advisory Committee. Attachment A outlines the anticipated role for the Citizen Group. A notice was placed, as noted in Attachment B, in the paper the week of June 25th with a closing date of July 5th for persons interested in that position. The City had received a number of letters of intent prior to that as indicated inAttachment C. DISCUSSION - To date the role for this group is not fully defined however, it is hoped that in the initial meetings with the consultant this month that will be further refined so that the role that the individuals play will be better understood at the meeting at which you make the selection. Given the large number of interested individuals and the substantial agenda for this meeting Attachment D was sent. ALTERNATIVES - 1.Interview the applicants. 2.Request that applicant sumbit written questionnaire response (Attachment E). 3.Screen/select from written or a reduced number of applicants. 4.Table for further consideration. 5.Take no action. 6.Make an appointment. RECOMMENDATION - It is recommended that the selection be based on a reduced pool of applicants (perhaps four for interviews) with those selected for interview being based on written responses. In addition the final selection be tabled until the first meeting in August when the role of this committee will hopefully be better defined. PROPOSED MOTION - Moved by ,seconded by _, that the selection of individu^^^^^tabled ufTFil the first meeting in August when the role of this committee will be better defined.Ayes —, Nays TRUNK HIGHWAY 12 CORRIDOR ADVISORY BOARD Wayzata ro Delano The Minnesota Deoartaent of Transportation (JIN/DOT) has begiin a study to examine the upgrading of TrunJc Highway 12 from Wayzata to Delano. The consulting engineering firm of Howard Needles Tammen & Bergendoff has been hired to assist MN/DOT with this study. A Project Team will be assembled consisting of members of MN/DOT and the consulting firm to complete the necessary documentation for the project. , .To facilitate the project development process and to provide an avenue for input from the communities adjacent to T.H. 12, the formation of the Trunk Highway 12 Corridor Advisory Board has been initiated.This Board will be comprised of three separate groups: The Technical Coinmittee, The Policy Committee, and The Citizens Committee.These groups will meet separately as well as jointly and their ^ responsibilities will overlap somewhat.The general function of each group is outlined below. Technical Committee The Tec.hnical Committee will work directly with the Project Team to identify potential corridor locations and the impacts associated with each alternative.The primary issues that this group will be concerned with include environmental impacts, access, and geometries.In addition to representatives from each community this committee may also have members from other federal, state, and local agencies, such as: the Minnesota Department of Natural Resources, the Federal Highway Administration, the U.S. Fish and Wildlife Service, the Metropolitan Council, and Hennepin and Wright Counties. Policy Committee The primary responsibility of the Policy Committee will be to _ identify how each alternative affects the plans and policies or each municipality. Issues will include conformance with comprehensive plans, and access to business districts. Citizens Committee The Citizens Committee will provide input and reaction to the various alignment alternatives.They will be asked to consider the impacts to schools, parks, pedestrians, and other community factors.They will also serve as a liaison between the Project Teeua and the community at large. NEWS RELEASE The City of Orono is currently seeking applications from residents who are interested in serving on the Highway 12 Citizens Task Force Committee. This Task Force will address the longterm issues of Highway 12 from the citizens viewpoint. Interested residents may apply by sending a brief resume to; Dorothy Hallin, City Clerk, P.O. Box 66, Crystal Bay, MN 55323. Resumes should be received no later than Thursday, July 5,1990 and Council will interview applicants at the July 9,1990 Council meeting. [o]( ^'jUSLEtlD' HTTimf/yjarrCL July 3,1990 JUL 1990 Dorothy Hallin, City Clerk City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Ms. Hallin: I'm writing to express interest in serving on the Highway 12 Citizens Task Force Committee. As background:Ky family and I have been Orono residents since 1986.My interest in serving stems from a desire to preserve the low density residential nature of our community.I'm concerned that commercial development currently underway in Long Lake may eliminate the current roadway as u viable highway corridor.I also would like to encourage the railroad right of way as an alternative corridor site. Occupationally, I'm a 14 year employee of General Mills where I've served several years as a Director of Marketing (consumer) Research and currently am a Director of Marketing. If more detailed background information is desired, please call at 476-6264. Sincerely, Bob Bruce 2205 Abingdon Way Orono, MN 55356 MERCHANT & GOULD June 25, 1990 Ms. Dorothy Hallin City Clerk P.O. Box 66 Crystal Bay, MN 55323 Dear Ms. Hallin: Merchaat, Gould, SRjth, EdeU, Wdtcr&Schicidt Proft'ssionaJ Association Patent, IVademark & Cop)nf(ht Law)ers 3100 Norwesi Center 90 South Seventh Str?et Minneapolis. MinnesoU U.S.A. 55402 FAX 612/332 9081 Telex 290593 M&G Mps 612/332 i300 Direct dial: 336-4633 John D. Gould Phillip H.Smith Robert T Edell Paul A Weller Cecil C.Schmidt John S.Sumners Alan U.Carlson Micheal L.Schwe^man Earl D.Reiland Charles E flolla Dou^as J.Williams Douglas A.Strawbridge Albert L.Underhill D.Randall King Norman P Fnederichs Michael B.Lasky Curtis B.Hamre Michael D.Schumann Michael L.Mau John A.ClifTord Mark J.DiPietro Steven W Lundberg Warren D.Woessner Janet R. Westrom David G Johnson Alan W. Kowalchyk Michael S Shemll Timothy R. Conrad Daniel W McDonald R.Carl Moy Robert C.heed Daniel J.Kiuih Wendy M McDonald Linda M Byrne Mark D.Schuman Randall A Hillson John R Sumner Brian H Batzli David K.Tellekson Hailie A.Finucane JohnJ.Gresens Steven J Jseoueh Paul E.L'acy',------ John L.Knjhl)! Michell^.M.MicheL. Philip PJCaspers Gregory A. Sebald Jane H. Arrett A.James Nelson Robert C.Beck George H.Gates John M.Kelly Gregory .M Thy lor Kristine M.StrudthofT Thomas E.Jorgensen Steven C.Bruess JoelA.Rothfus Mark A.Krull JU.V 2 7 1990 On May 21, 1990, I wrote to Mark Bernhardson and requested that I be included as a member of any groups which are convened to study the Highway 394 corridor.I am enclosing a copy of that letter. This last week, the newspaper indicated that applications are being taken from residents who are interested in serving on the Highway 12 Citizens Task Force Committee.I am writing this letter to restate my interest in serving on that committee. My brief resume would state that I have been a resident of Orono for ten years. I own a fair amount of property in Orono and am interested in the proper development of our city. I am both an engineer and a lawyer. I would devote the consider amount of time which will be .»?ecessary to resolve this issue. Very truly yours, Alan G. Carlson Tcri:^'T^'Enclosure (-OiVN-LlVTK Minn*“3poli« Saint Paul Loa Angeles ■J MERCHANT & GOULD May 21, 1990 Merchant, GonJd, Smith, Edell, Welter & Schmidt Professional Association Patent, Trademark & Copyright La *^ers 3100 Norwest Center 90 South Seventh Street Minneapolis, Minnesota U S A. S5402 FAX 612/332 9081 >Iex 290593 M&G Mps 612/332 5300 Direct dial; 336-4633 John D. Gou'd Phillip H.Smith Robert T Edell Paul A.Welter Cecil C.Schmidt JohnS.Sumners Alan G.Carlson Micheal L.Schw^eman Earl D.Reiland Charles E.Golla Douglas J.Williams Douglas A.Straw-bridge Albert L.Underhill D.Randall King Norman R Friederichs Michael B.Lasky Curtis B.Hamre Michael D.Schumann Michael L.Mau John A.Clifford Mark J.DiPietro Steven W.Lundberg Warren D.Woessner Janet R. Westrom David U Johnson Alan W. Kuwalchvk Michael S. Sherrill Timothy R. Conrad Daniel W. McDonald R.Carl Moy Robert C.Freed Daniel J.Kluth Wendy M.McDonald Lin-'a M.Byrne Mark D.Schuman Randall A.Hillson John P.Sumner Brian II.BaUli David K.Tellekson llallie A.Finucane JohnJ.Gresens Steven J.Keougli PaulE.Lacy John L.Kiioble Michelle M.Michel Philip P Caspers Gregory A. Sebald Jane H. Arrett A.James Nelson Robert C.Beck George II.Gates JohnM.Kelly Gregory M.Thylor Kristine M.Strodthoff Thomas E.Jurgensen Steven C.Bruess Joel A.Rothfus Mark A.Krull Mark Bernhardson City of Orono P.O. Box 66 Crystal Bay, MN 55356 Dear Mark: I am writing to request that I be included as a member of any groups which are convened to study the Highway 394 corridor Very truly yours. Alan G.Carlson AGC:Imb MERCHANT rchanl, Goaid, Smith, ^'d V^///r'“-LSa [L^nfeinonai A«ociation Patent, TVadeniark & Cop>Tight Law}-en f^AY 1990 May 21, 1990 3100 No.-west Center 90 South Seventh Street Minneapolis, Minnesota L’.S.A. 55402 FAX 6I2/C32 9081 •Wex 290593 M&G Mps 6I2'332 5300 Direct dial: 336-4633 John D. Gould Philhp 11.Smith Robert T.Edeil Paul A.Welter Cecil C.Schmidt John S.Sumners Alan G.Carlson Micheal L.Schwegrrsn Earl P.Keiland Charles E.Golla DouglasJ.Williams DouglasA.Strawbiidge Albert L.Underhill D Randall King Norman R Friederichs Michael B.Lasky Curtis B.Hamre MIcnael D.Schumann Michael L.Mau John A Clifford Mark J OiPietru Steven W.Lundberg Warren D.Woessner Janei R. Wesfom David G. Johnson Alan W. Kowalchyk Michael S. Sh Trill Timothy R. Conrad Daniel W. .McDonald R Carl Moy Robert C. Freed D'.niel J. Kluth Wendy M. McDonald Linda ,M. Byrre Mark D. Schumao Randall A. Hillson John P Sumnir Brian II Battli David K. 'Mlekson Haliie A. Finucane John J Gresen> Steven J. Keough Paul E. Lacy John L. Knoble Michelle M. Michel Phiii[ P Caspers Gregory K. Sebaid Jane H Arrelt A.James Nelson Robert C Beck George H.Gates John M.Kelly Gregory M.Thylor Kristine M.Strodthoff Thomas E.Jurgertsen Steven C.Bruess Joel A.Rothfus Mark A llrull Mark Bernhardson City of Orono P,0. Box 66 Crystal Bay, MN 55356 Dear Mark: I am writing to request that I be included as a member of any groups which are convened to study the Highway 394 corridor Very truly yours, Alan G. Carlson AGC:Imb Minneapolis Saint Paul Los Angeles MARK F. ENGEBRETSON2905 Fox Street Long Lake, MN 55356 April 6,1990 Ms. Dorothy Hallin Orono City Clerk City of Orono 1335 South Brown Road Orono, MN 55391 Dear Ms. Hallin: I am writing to express my interest in serving as one of Orono’s representatives on the Highway 12/394 citizen's task force. J grew up in Deephaven, Minnesota, and graduated from Minnetonka High L^chool in 1971, Dartmouth College in 1975 and Harvard Law School in 1978. I joined the Faegre & Benson law firm in 1978, and have practiced in the area of commercial real estate ever since.I have lived in Orono since the fall of 1981, first at 3120 North Shore Drive (with time out for a two year tour of duty with the firm's branch office in Denver), and second, since the summer of 1988, at 2905 Fox Street. My interest in the task force comes from two sources. First, my family and I appreciate very much Orono's natural surroundings, its schools and its approach to development. I have been delinquent in devoting my time and efforts in repayment for the benefits of living in Orono, and the citizen's task force appears to provide a means to start that repayment. "econd, my real estate practice has focused to a large extent on the development of major mixed-use projects in Minnesota and other states. I hope that that background can bring some experience and perspective to the tremendous issues involved in the Highway 12 upgrade and its development implications. If you have any questions, or if I should provide any more information, please call me at work (336-3198) or at home (475-3460). Very truly yours. Mark F. Engebretso MFE/pkk 1547W merchantMquM^ i990 May 21, 1990 Tchant. Gould, Smith, ell. Welter & Schmidt rofesslonal Aisociaiion Patent, Trademark & Copyr.Rht Lawyers 3100 Norwest Center 90 South Seventh Street Minneapolis, Minnesou U.S.A. 55402 FAX 612/332 9081 Telex 290593 MAG Mps 612/332 5300 Direct dial: John D. Gould Phillip H.Smith Robert T.Edell Paul A.Welter Cecil C.Schmidt John S.Sumners Alan G.Carlson Micheal L.Schwegman Earl D.Reiland Charles E.Golla Douglas J.Williams Douglas A.Strawbridge Albert L.Underhill D.Randall King .Norman P Friederichs Michael B Lasky Curtis B.Hamre Michael D.Schumann Michael L.Mau John A.Clifford Mark J.DiPietro Steven W.Lundberg 'Varren D.Woessner Janet R. Westrom David G. Johnson •Alan W, Knwalchyk Michael S.Sherrill Timothy R.Conrad Daniel W.McDonald R.Carl Moy Robert C.Freed Daniel J.Kluth Wendy M McDonald Linda ,M.Byrne Mark D.Schumar Randall A.lliiison John R Sumner Brian H.Battli David K.Tellekson Hallie A.Finucane John J.Gresens Steven J.Keough Paul E.Lacy John L.Knoble Michelle M.Michel Philip P Caspers Gregory A. Sebald Jane H. Arrett A.James Nelson Robert C.Beck George H.Gates John M,Kelly Gregory M.Thylr.r Knstine M.Strodthoff Thomas E.Jurgensen Steven C.Bruess Joel A.Rothfus Mark A.Krull Mark Bernhardson City of Orono P.O. Box 66 Crystal Bay, MN 55356 Dear Mark: I am writing to request that I be included as a member of any groups which are convened to study the Highway 394 corridor, Very truly yours. Alan G. Carlson AGC:Imb MinmMpolis Saint Paul Los An«,*les Michael J. Hilbelink 85 Golden View Drive Long Lake# Minnesota 55356 March 13,1990 Orono City Clerk Dorothy Hallin P.O. Box 66 Crystal Bay, Minn. 55323 Re: Highway 12 Citizen's Task Force To whom it may concern; This letter is to let you know of my interest in serving as one of the representatives on the Highway 12 Citizen's Task Force. I have lived in this area virtually all my life, with the exception of 4 years of college and the first 4 years of marriage. 1 have been involved in real estate sales and developement in this area for the last 10 years.I am very interested as to how the expansion will affect our community.Because of my employment, my hours a very flexible and I am sure would accomodate most any schedule.Please let me know if I can be of further assistance. I will look forward to hearing from you. Daytime number: Evening number: 475-2411 476-1867 MAR 1 4 1990 21 March,1990 900 North Shore Drive West Mound, MN 55364 Ms. Dorothy M. Hallin City Clerk City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Ms. Hallin, I am interested in being appointed to the Highway 12 Corridor Citizen's Group. I have been a resident of Orono for two years. My educational background is in Transportation Engineering and Planning. I am a Registered Engineer and work with private developers and cities on residential, commercial nnd Industrial projects. This background would be an asset to the Corridor Committee. Our home is several miles from Highway 12, so I will be completely impartial. I have the time to devote to the group and look forward to serving. Tliank you for your consideration. Sincerely, Stefmen M. Johnston March 23,1990 City of Orono Box 66 Crystal Bay, Mn.55323 Attn: Dorothy Hall in iiS_ _JBQ^ HAR '2 e 1980 Dear Dorothy, 1 would be interested in being on the citizen advisory committee for Highway //12. I have lived in Orono for 25+ years, am married with one daughter who was in the Orono School system K-12. I have worked for the City of Medina for 6 years. I am interested in keeping informed about things that will affect the future of Orono and its citizens and I believe that all the citizens should be kept informed. Sincerely,Sinc^ely, Sandie Larson 4285 6th Ave. North Long Lake, Hn.55356 473-4643 - Work 473-7492 - Home r ■'4> ••11-r.tA •4 ,**v --•• ••"*•■-■' 5 .MClV.'r ■’•-'i.r**“iT«-.'^>'• UJ)f^'i-24V'TfV -wV f: 12, (j3t^ C|^ 0/V^rv^ P.o. E cfTYOF irT^ ORONO I It lMlHiso '^IjJJ Ji^OXv yw . /Sievv^lovX may 2 1 1990 (5i)/X-CC*ci4g. 9 |VctA.o^|VajfcAZg clWw!. (l^v.^l-fcb^ 1^ ti 5't^^ ^ T^ ^ ■ A^Si A0..; I ^^ ^ .Qd vv-A/>^ Oa *vm) cxtikjAo r VA/>rvOju 'N S^-CJL kX lWc /-t1-, mj:^, ^■oWnJ v V. NAee\pe-n4 3b5S uJi'fre^nDOJNJ ^oA-o O^CMo , A^fJ. SS'gS^ •:•i..j ••••.*• •• •• •.•-ir..-... V. .. . -•• ;* ^'■.•■’...'•\■;••:•^..*; .\;'-•».■..,/•.*••-*; *•"•-.•#...*‘•/.•.•.*•-■... •.:<••.'"•,V.:.-■■. \'-v ^uiD H'i 34o ts ^ ' , 4 -Co 4 7S-4G(J 6 I ^ tcflu'ni — •* -- V*' —Mlii 9 JUi 2 1930 June 29,1990 Dorothy Hallin, City Clerk P.O. Box 56 Crystal Bay, MN 55323 Dear Ms. Hallin; Please accept my application to serve on the Citizens’ Task Force for the Highway 12 Committee. As a homeowner in the area, I am deeply concerned about the issues facing our community and believe that the decisions made about the future of Highway 12 will have a significant impact on this community, our property values and our quality of life. By serving on the committee, I want to represent my views and the views of other concerned homeowners and families. My leadership and communication skills would be an asset to the task force as well as my broad experience in business and real estate. Thank you for accepting my application, opportunity to serve my community. I hope to have the Sincerely, Melanie Rose MELANIE ROSE 1020 N. Brown Road Orono, MN 55356 (616)476-8312 BACKGROUND: -Employed as an Account Executive for AT&T Network Systems -Bachelor’s degree in English from University of California, Master of Education from Harvard University Licensed Realtor with the Relocation Center Realtors Member Greater Minneapolis Area Board of Realtors, Minnesota Association of Realtors and the National Association of Realtors Extensive training in sales, communication skills, negotiation, management and marketing 10 years experience in high technology sales to major corporations. 4 years experience as a public school teacher Instructor for Cardinal Stritch College college degree program Homeowner in Orono.Husband, Dennis Kirby, is also a Realtor with the Relocation Center.3 year old son Russell attends St. David’s School. DONALD C. WILDMAN /45 Spring Hill Road Wayzata. Minnesota 55391 (612)475-0218 d1() July 2, 5 1990 Dorothy Hallin, City Clerk P.O. Box 66 Crystal Bay, MN 55323 Re;highway J2 Citizens Task Force Committee I would be interested in serving on the Citizens Task Force. I believe it is imperative that Orono does its utmost to insure minimum impact from the Highway 12 corrider study on its environment and land values. I have lived in Orono since 1984, am married with a son in Orono High, and am president of Scoville Press, Inc. Thank you. Sincerely, Donald C. Wildman DCW/jal Names to be considered for the Highway Citizens Committee Donald C. Wildman 745 Springhill Rd. Wayzata / Mn.55.191 El Winston 765 Springhill Rd. Wayzata, Mn.55391 Robert Hare 1600 Long Lake Blvd. Orono, Mn. 55356 David Floren 465 Springhill Rd. Wayzata, Mn.55391 Joan Floren 465 Springhill Rd. Wayzata, Mn. 55391 /Ulna- 6 AlCt'-o 11'^ kc ROGER M. a—President MARVIN W. Z£EB-l^/cff Pres./Safes______________________ MARILYN M. ZEEB —Vice President 1589 tlGHWAY 7 JACQUELYN JOHN SON-/Vf^ns^e^HOPKINS. MINNESOTA 55343 KAREN KIMBREL-rA*ve/Coor(//>j«ro/612/933-6216 June 26,1990 Ms. Dorothy Hallin City Clerk P.O. Box 66 Crystal Bay, MN.55323 Dear Ms. Hallin: I would very much like to serve on the Highway 12 Citizens' Task Force. I have listed below a few facts about myself. I have lived in Orono for 12 years.Married and the Father of three girls.I hold a BA deptree in Philosphy and Political Science.My occupation is Travel Agent and I am President of the above company. If I qualify for the Task Force, you can contact me at my business number, 933-6216 or my home in the evenings, 476- 4309. 2905 6th Avenue North Long Lake, Minnesota 55356 J juN 2 7 1990 '€fjr D July 5, 1990 Dear Applicant, The City Council has received applications from 17 persons interested in being appointed to the Highway 12 Citizens Task Force. The Council originally had anticipated interviewing the applicants at the July 9, 1990 Council meeting. However, due to the large number of land use items on that agenda, it is appropriate to delay the interview process. Following the July 9th Council meeting you will be apprised of the process to be utilized. Should you have questions, please feel free to contact me. Sincerely, Mark E. Bernhardson City Administrator MEB/dh Enclosure BfllF HIGHWAY 12 CITIZENS TASK FORCE POSITION QUESTIONNAIRE NAME: ADDRESS: PHONE:HOM;’,BUSINESS 77 1.Summary of education background: 2.Summary of experience background: 3.Wbat interested you about service on the Task Force: 4.Any other pertinent information: 5.When would you usually be available to atter.d meetings Moiidr/ TUftsday Wednesday Thursday Friday A.M.Early P.M.Evening 62990.4 TO:Mayor and City Council FROM:Mark E, Bernhardson, City Adminis»-i.ato DATE:July 5,1990 SUBJECT: 1989 Financial Report /wTav/VG 9 ;ggg QRcm Attachment:A.1989 Financial Report Dated 6/21/90 (Memo Only) B, Status ReporJ-ing Form Dated 6/27/90 C.^ymmar:- for Financial Reporting Publication ISSUE - 1.Provide an opportunity for Council to discuss with staff and our auditors questions they may have regarding the report. 2.Provide a copy to the Council of the submission to the State of the City's F^^jncial Report. 3.Presentation to the Council for approval of the summa-y for publication cts required by State law. INTRODUCTION - At the Council ’s June 25, 1990 Council meeting they were presented with the 1989 Financial Report and management letter under Attachment A as a cover. DISCUSSION - Issue *1 - 1989 Financial P^por t - '• Council received this with the ?/ne 2 5th Counci 1 t. of July 3rd no one had indicated an interest i» , th« auditors in attendance. If there are questions for t tors we would be happy to provide a response at the July 23). ring. Issue #2 - State Reporting Fvorm - The City is required to provide summary information on this State reporting form as presented in Attachment B. The figures derived in that form taken from the '89 Financial Report. Issue #3 - Summary for Publication - State law requires that by July 30 of every year the City must publish a summary of its financial report in the format required by the State in a local newspaper. Attachment C represents that summary for Council ibpproval . ALTERNATIVES - Issue #1 1.Discuss and accept. Issue #2 Issue #3 1.Accept. 2.Discuss. 3.Table for further discussion. 1.Adopt. 2.Amend and adopt. 3.Table for consideration at the July 23, 1990 Council meeting. RECOMMENDATION - It is recommended that the Council after raising any questions they have regarding the financial report, accept the information of the State reporting form and adopt the summary for publication. PROPOSED MOTION - Moved by _, seconded by _, that the Council after discussing any questions they may have regarding the financial report approve the 1989 Summary Financial Report for publication; the 1989 State Financial Reporting Form; and the Independent Auditor's Report as presented in the Comprehensive Annual Financial Report for the year ended December 31, 1989. Ayes __, Nays __. cc; Tom Kuehn, Finance Director 62190. TO: FROM: DATE: Mayor and City Council Mark E. Bernhardson, City Administrat June 21,1990 SUBJECT: 1989 Financial Report Attachment:A.1989 Financial Report B.Pannell Kerr Forster Letter Dated 5/13/90 ISSUE - Providing the Council with the 1989 Financial Report. INTRODUCTION - Attachment A is the financial report for 1989 with Attachment B be.in«‘^ the annual management letter from the Auditors to the Council. DISCUSSION - AS has been done in previous years, the report is presented at one meeting and placed on the agenda for discussion at the next meeting. It is requested that after indicating any questions ^*^r comments ?ou may initially have on the report that if you would like to have the Auditors in attendance at the July 9th meeting, just let staff know by Tuesday, July 3rd. PROPOSED MOTION - Moved by _, seconded by _, the Council acknowledges receipt of the report and tables further discussion of this matter to its July 9th meeting. Ayes _, Nays _. . Ay-0003807 (11-28-89) A Office of the State Auditor City Financial Reporting Form Cities Reporting in Accordance with Generally Accepted Accounting Principles (GAAP) Office of the State Auditor 525 Park Street St. Paul, Minnesota 55103 (612)297-3682 City of Orono For the Year Ended December 31. IsfiS. Please complete this form, per Minnesota Statutes Section 6.74, and return it along with the city's audited financial statement by May 31st ^ city rinancidi ntiporiiny runn For State Use Only City of Orono County of Hennepin Auditing Firm Total Tax Capacity Local Tax Levy Road and Bridge Levy City-owned Enterprise Funds - check those that apply. 31 Water [2 Sewer □ Garbage G Liquor □ Hospital □Nursing Home ©Other (specify)----Golf Course------------- □Electric -------------— ^— --------------------------------- SECTION I - REVENUES This section should include all governmental funds, i.e.. general, special revenue, debt service, capital projects, and expendable trust funds. Population ORS Code Date Received Class Unqualified Opinion _ Yes □ No Special Assessments AMOUNT (omit cents) TAXES (31000)1 .1.211.541 1 Property Taxes including Fiscal Disparities (exciuoe nomesteaa creuiu .................................... .. 2.- 2 Tax Increment District Taxes................................................................................................. 3.- 3 Franchise Taxes - identify (from rrivate oector ......................................................................4.- .. 5.- .. 6.- 7.277,582 7 SPECIAL ASSESSMENTS (36100) (include penalties and interest)......................................................... .. 8.148.564 INTERGOVERNMENTAL REVENUES (33000)^ 9.9 FEDERAL - Community Development Block Grants ................................................................................. .. 10.- .. 11 .4.000 .. 12.168.224 .. 13.167.618 “13 Homestead Credit (incluae Mobile Home ana laconue .......................................................... .. 14.- .. 15.- .. 16.246.966 .. 17.76,390 .. 19.70.187 CHARGES FOR SERVICES (34000).. 23.165.980 23 Genera) Government (include auto registration filing fee)......................................................................... 24.491,53d .. 25.28.434 .. 26.- 27 Garbage Collection (accrual method of accounting is preferred - enterprise funds - page 3)........27 — 28.- .. 29.- 29 Parks and Recreation (include park dedication fees) .................................................................................,,30. ,. 32.125.357 MISCELLANEOUS REVENUES (36200) '433.867 33 Interest Earnings from Investments.....................................‘V ‘‘ wJ .........n " i ‘' n j...........34 71.94534 All Other Revenues (identify)P.roperjty. aala/rfint.^ .Rfif/Reim,. Mlsc,. I'.arK .uea .......... . 35.3.638.193 OTHER FINANCING SOURCES (39000) . 36. 1 -1 ___................................................................................................................... 40________________________40 Transfers from Enterprise i-unas ana mierndi ocrvicc ........................................................................ . 41 _------- 42 TOTAL REVENUES AND OTHER FINANCING SOURCES............................................................................ 42.6,276,554 PI':'-'City Financial Reporting Form SECTION II - EXPENDITURES This section should include all governmental funds and expendable trust funds. I GENERAL GOVERNMENT 141000)............ 1 . AMOUNT (omit cents) 67,363 ............ 2.280.451 ............ 3.308.173 3 General Government - Other (citv hall, elections, etc.).......................................... 4.14-590 4 Capital Outlay for General Government.................................................................................... PUBLIC SAFETY (12000)............ 5.976.545 5 Police and Ambulance - Current Expenditures ................................................................................ 6.45.388 ............ 7.157.803 ............ 8. ............ 9.241.975 9 Other Protection - Current Exp** ........................................................................................................ 10.3.404 STREETS AND HIGHWAYS (43100)............ 11.472.515 11 Street Maintenance and Storm Sewers ........................................................... 12. 10.202 ............ 14.12.025 15 S 'pet Construction - Capital Outlay (include storm sewers)............. .......................... 15. ............ 16. y • jy j 56.211 16 S reel Other Capital Outlay (equipment & buildings).................................................................... SANITATION AND WASTE REMOVAL (EXCLUDE SEWER) (43200) 17 Garbage Collection and Disposal (accrual method of accounting is preferred - enterprise funds -•page 3) 17. ............ 18.- 18 Other Sanitation - Current Expenditures (pest control, street cleaning).................................... ............ 19.- HEALTH (44100)............. 20.- ............. 21 .— CULTURE AND RECREATION (45000)............. 22.22 Libraries - Current Expenditures ...................................................................................................................... 23.- ............. 24.32.961 24 Recreation & Parks - Current Expenditures .................................................................................................. 25.- MISCELLANEOUS EXPENDITURES (46300-49200)... 26.26 Urban Redevelopment, Housing, and Economic Development - Current Expenanures------ ........ 27 ............. 28. ............. 29, ........ 30.325-000 30 Principal Paymen.s - Debt Serv *4 (include Special Assessment Bonds)................... ............. 31 ,- 31 Principal Payments on Other Lon , ‘‘ ...................................................................................................... 32 145.257 ............. 34.34 Unallocated Insurance and Judgments .......................................................................................................... 35 100.427 ............. 36 28.699 37 Capital Project Fund Outlay tor Enterprise runus twaier, sewci, ............................................. 38 TOTAL EXPENDITURES (as shown on combined statements).................................................................. 38 3.288.384 trial A 1 iccc MQonotOTHcn rllMAiMCINu Uoeb 145I4UUJ ............. 39 - 39 Principal Payments - Refunding Issues (payment to escrow agent)........................................ ............. 40 - ............. 41 — 42 Transfers to Enterprise Punas ana internal oervice runus......................................................... ............. 43 2-638.361 44 TOTAL EXPENDITURES AND OTHER FINANCING USES............................................................. -2 • SECTION III - ENTERPRISE FUNDS OPERATING STATEMENT Liquor operotlons are reported on a separate lornfi. (AU 00037) (omit cents) WATER SEWER GARBAGE GOLF 165.041 1 401.693 I 115.211 195.859 !430,322 I 98,302 2 OPERATING fcXPENahb..........................................(30,818)(28,629)16,909 3 OPERATING INCOMc (LUbb)............................ 4 NONOPERATING REVENUES (assessments.24,752 87,965 19 property taxes, grants, interest, etc.).............. 5 NONOPERATING EXPENSES (interest, etc.) ... 6 NET INCOME (LOSS) before operating transfers...... 19.287 17,877 - (25.353)41.459 16.928 ADDITIONAL INFORMATION —- .ft -- _- 9 STATE GRANTS (incl. homestead credit)........._- 10 LOCAL GRANTS................................................ TRANSFERS: 11 Transfers In (from other funds)........................6 - 12 Transfers Out (to other funds)..........................118.835 1 307.131 !_________32913 CAPITAL OUTLAY DURING THE YEAH............ 1.163.570 i 1.136.430 - 14 BORROWING - BONDS.................................... 15 INTEREST AND FISCAL CHARGES 18,894 17,499 _ (included in Operating Statement above).......- 16 DEBT PAID - Bonds........................................... 2.443 - 17 - Other Long-Term Debt................ 18 OUTSTANDING BONDED DEBT-END OF YEAR 19 AMOUNT OF DEPRECIATION (included in 1.163.570 1.136.430 - 36,273 130,525 4,501 Operating Statement above - line 2).............. 20 ACCRUAL BASIS OF ACCOUNTING Yes Yes Yes internal Service « nA*niki^ OP%/CKtllCC 1 _______^____________1 OPERATING REVENUcb........................................ «« rNOPOAYIILlO CVDCfLiCCC )1i 2 OPERATING CArcNoco.......................................... 1 3 OPERATING INCOMc (LUao/................................ 4 NONOPERATING REVENUES (assessments, property taxes, grants, interest, etc.).............. 5 NONOPERATING EXPENSES (interest, etc.) ... 6 NET INCOME (LOSS) before operating transfers...... i 1i ADDITIONAL INFORMATION •» TAVCC j 7 PROP c RT t ................................................................. ft r’ePNC-OA AlTO 9 STATE ‘ S (incl. homestead credit)......... 10 LOCAL C-. ................................................ TRANSFERS; 11 Transfers In (from other funds)........................1 12 Transfers Out (to other funds).......................... A ft A A A a ASi i^i A lOI VC A D 113 CAPITAL OUTLAY DURING THE YEAR............114 BORROWING - BUNOb.................................... 15 INTEREST AND FISCAL CHARGES (included in Operating Statement above)....... Aft OAm ft r» rt16 DEBT PAID - Bonds........................................... 17 - Other Long-Term Debt.............. 18 OUTSTANDING BONDED DEBT-END OF YEAR 19 AMOUNT OF DEPRECIATION (included in 11 iOperating Statement above - line 2).............. 20 ACCRUAL BASIS OF ACCOUNTING (ves or no)............................................................... i -3 - (*) Nec change SECTION V - LIABILITIES, FUND BALANCE AND RETAINED EARNINGS enterprise FUNDS INTERNAL SERVICE FUNDS NON EXPENDABLE TRUST FUNDS total unreserved RETAINED EARNINGS UNRESERVED RETAINED EARNINGS (27200) 954,328 0 -954,328 SECTION VI - BUDGET AND ACTUAL COMPARISON .BUDGET REVENUES ACTUAL REVENUES BUDGET EXPENDITURES ACTUAL EXPENDITURES GENERAL FUND 2.664,565 2.863,897 2.674,190 2.692.871 SPECIAL REVENUE FUNDS 51,140 116,080 132,830 93,743 -4 • . SECTION VII - FINANCIAL HEALTH 1 City Employee Complement Note: Exclude positions paid solely from enterprise funds. Special positions such as seasonal workers are to be reported In the appropriate category, usually part-time employees. If you report “full-time equlvalent“ positions, please note that fact. Full-time 34 Part-time 5 2 Fringe Benefit Costs, City Employees Note: Do not include enterprise fund employees. ^ 400,591 This is (check one) Estimated Actual 3 Total Payroll costs including fringe benefits. City Employees Note: Fringe benefits Include employer contributions for retirement, FICA, employer paid insurance such as health, life and disability benefits, and insurance premiums for unemployment and workers' compensation, the value of post-retirement benefits and other benefits. Do not Include enterprise fund employees. 5 1,453,7^.. 4 Number of Building Permits Issued (Include all categories - residential, commercial and industrial construction) 386 5 Value of Building Permits Issued (Include all categories as above) cl7,578,988 6 Current year Tax collections as a percent of current year levy collected (Do not include delinquent tax) Note: Include all property taxes foi all funds. 96_ . 4 o/„ conformance with the Uniform Chart of Accounts and Minnesota Statutes Section 477A.017. (612 )A73-7357 Finance Officer's Signature Date Phone Number I 5- fyrrAcf^/new7~CITY OF ORONO ANNUAL SUMMARY FINANCIAL REPORT YEAR ENDED DECEMBER 31, 1989 C The purpose of this report is to provide a summary of financial information concerning the City of Orono, Minnesota to interested citizens. The complete financial statements may be examined at the Orono City Office at 1335 Brown Road South. Questions about this report should be directed to Tom Kuehn, Finance Director, telephone (612) 473-7357. The information presented is fr^m the general purpose financial statements of the City for the year ended December 31, 1989 and 1988. The right-hand column shows ^he percentage change in dollars between the two years. Revenues and Expenditures for General Operations (Government Funds) Revenues Taxes Special Assessments Intergovernmental Revenues Charges for Services Other Total Expenditures General Government Public Safety Streets Parks and Recreation Other Capital Outlay Debt Service Total Excess of Revenues Over (Under) Expenditures Other Financing Sources (Uses) Operating Transfers In (Out) - Net Fund Equity, Beginning of Year Fund Equity, End of Year Total 1989 Total 1988 Percent Increase (Decrease) $1,211,541 $1,172,795 3% 277,582 332,163 (16) 683,385 491,432 39 685,952 643,151 7 779,733 687,259 13 3,638,193 3,326,800 9 655,987 627,902 5 1,376,323 1,273,828 li 494,72 366,345 35 32,961 61,582 (47) 95,164 72,450 31 157,687 411,140 (62) 475,520 534,876 (11) 3,288,384 3,348,123 (2) 349,809 (21,323)1,641 ... $5,226,411 $5,247,734 —- $5,576,220 $5,226,411 7% ====■================= = === CITY OF ORONO KEY FINANCIAL HEALTH INDICATORS 1989 1988 1987 Current population 7,379 7,284 7,212 Gross Tax Capacity*$ 14,351,809 $107,414,670 $103 ,551,514 Percent of Property Taxes Collected 96.4%97.2%97.7% City Revenues per capita (governmental funds) $ 493.05 $ 456.73 $447.68 City expenditures per capita (governmental funds) $445.64 $459.65 $426.94 Ratio of Bonded Debt to Tax Capacity (Excludes Revenue Bonds) 11.85%1.89%2.30% Bond Rating Aal Aa Aa Note (*) Gross Tax Capacity replaces assessed value as the basis for extending taxes payable in 1989. (Net Tax Capacity for payable 1990 and subsequent years) . Beginning with 1989 the terminology for Assessed Valuations is replac#».d by Tax Capacity, which is determined in the same manner except using smaller percentages for each property class. The complete financial report available at the Orono finance office includes the detail of this published rep'^-t. M r» I I O ^ ■H eo V U’ H 9^ o U1 Z Vs a o(no* u — w u) u «n o Z ^ i- • 3§5 • 2^2;: V) u « O U2 V 4Jlu a* o oZ >- H S O tl 5§ .i: O = < W 2 >«1 1 m B ■•§M e o c H bs ^ % m m g" tt ^« sc -2 3§ >% Vw a J! H l1 Z i2 O 3 u u» “m o 4J (f a ? 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C K y u) y t. — tf 1° Tl if > u y UJ ^ o o o o 00 n X «x fA r> eo CO »A pn 'O X X o — o X X m ^55 C c ^ e: o JT 2-'' .u • « u u w u X 3 it 4/ — O w — O 46 S « *• C u U M — bt w O C 46 M ^ C ^ ^ — w U.« «w u W 41 4^ o. etz: o O «n ^ C4 rA M Ct (w 2 O 4A eo lA •A 9 —*O' —«9 «t> »A rsi X*9 O' fA JA « it O UJ■z a.u) s < K UJ UJ (/) UJ a 5 u >O •- 3 UJ u O OC «/) z t/>UJ <u. o z ? ‘"SE G °!5 5—— o ' z o< ^b« o ^ w U.U) UJ to « oe to uJ a UJ X H u H — MOO «o X X m v> In«o fcA» •« UJ c i -o CITY OF ORDNO ENTERPRISE FUNDS(XWBINING SEATEMENT OF RE^^TNUE, EXPENSES, AM) QiANGES IN RETAINED EARNDXS Year Ended December 31, 1999 (With Comparative Totals for Year Ended December 31, 1988) Water Operating Ck)lf S&fer Course Operating Operating Totals 1989 1988 Sales and Cost of Sales: Sales $ - $$15,832 $15,832 $13,430 Cost of sales --9,936 9,936 8,866 Gross Profit --5,8%5,896 4,564 Operating Revenue: Metered water sales 163,537 --163,537 184,974 User charges -396,004 -396,004 394,004 Green fees - -80,376 80,376 63,861 Equipment rental --27,465 27,465 19,248 Otter 1,504 5,689 1,474 8,667 10,385 Total Operating Revenue 165,041 401,693 109,315 676,049 672,472 Total Gross Profit and Operating Revenue 165,041 401,693 115,211 681,945 677,036 Operating Expenses: Salaries and wages 41,503 65,688 47,050 154,241 142,685 Retirement contributions 4,909 7,730 4,218 16,857 15,680 Health and life insurance contributions 1,530 2,295 2,312 6,137 4,518 Purchased water 42,603 --42,603 50,527 Sewer disposal charges -163,274 -163,274 209,813 Professional services 2,139 4,178 1,290 7,607 6,404 Operating and neintenance supplies 7,825 4,597 3,117 15,539 17,205 Heat, light, and po>-^r 23,336 10,784 3,565 37,685 04,947 Depreciation 36,273 130,525 4,501 171,299 159,886 Rent, buildings, and equipment --5,856 5,856 6,333 ’'laintenance and repairs 24,274 21,049 8,060 53,383 41,192 Administrative charges from General Fund 890 1,220 1,100 3,210 2,900 Comunications 1,158 1,114 1,210 3,482 3,766 Office supplies 27 25 265 317 248 Printing, publishing, and advertising 239 404 2,769 3,412 2,873 Data processing 2,386 5,294 -7,680 5,719 Insurance 6,096 10,446 12,091 28,633 26,657 Otter expenses 671 1,699 898 3,268 2,110 Total Operating Expenses 195,859 430,322 98,302 724,483 733,463 Operating Income (Loss)(30,818)(28,629)16,909 (42,538)(56,427) (Continued) QTY OF uRaJOENTERPRISE FUNDS (Continued) ODMBININC OF RE.ENJE, EXPENSES, AND CHANGES IN REHLAINED EARNINGS Year Ended Deceraber 31, 1989 (With Ccaiparative Totals for Year Ended December 31, 1988) Nonoperating Revenue (Expense): Interest earned on investments Interest incooe from FWX Interest income from interfund loans Amortization of deferred credits Interest expense Interest expense on interfund loans Revenue bond expense Gain on sale of assets Total Nonopjerating Revenue (E>qjense) NET INOOfE (LOSS) Credit for depreciation on contributed equity Increase in Retained Earnings Retained earnings - beginning of year Retained Earnings - End of Year Golf Water Sewer Course Totals Operating Operating Operating 1989 1988 2A,W5 59,784 19 83,848 35,313 -16,612 16,612 17,320 -977 977 1,222 -9,530 9,530 9,530 (17,917)(17,499)(35,416)(A32) (977)-(977)(1.222) (393)(378)(771)- 707 1,062 1,769 - 5,465 70,088 19 75,572 61,731 $ (25,353) $41,459 $ 16,928 $ 33,034 $5,304 31,332 127,604 254 159,190 150,320 5,979 169,063 17,182 192,224 155,624 127,195 943,738 31,944 1,102,877 947,253 $ 133,174 $1,112,801 $ 49,126 $1,295,101 $1,102,877 DATE:June 15 1990 TO:Mark Bernhardson, City Administrator FROM:Melvin Kilbo, Chief of Police SUBJECT: Police Department Corporate Report ccofiGiL imm JUL 9 1990 PiT/ OF QRCf'O In 1989 we handled 256 motor vehicle accidents of which 64 involved personal injury.We had one fatal accident resulting in two deaths. The driver was charged with criminal vehicular operation, coming to trial in July 1990. The department conducted 4 truck inspection checks, checking 165 veh icles, issuing 39 citations, 149 warnings which require repair or recheck. 23 trucks were taken out of service, several with broken frames, no brakes or similar serious defects. The department's Community Service Officers rendered service to Oro- no, Spring Park, Minnetonka Beach and Long lake, handling 7 dog bites, impounding 73 dogs, rounded up 106 dogs at large and handled 81 mis cellaneous animal calls, ranging from horses to setting live traps for racoons and woodchucks. In January we tested for a second part-time secretary, hiring Sally Christianson who has become a valued employee.In March, Mark Moran was promoted to Orono's second Lieutenant position.In December, the department commenced testing for a third Lieutenant. In other matters the department investigated a second arson at Eddies Restaurant in Long Lake and were successful in changing the curfew law to be the same in all four communities. The D.A.R.E. Proqram with Officer Cornick started January 23, 1990, culminating in a Graduation ceremony for 175 5th araders on March 23, 1990 and clans are underwav for the next season. Officer Friendly - in the person of James Cornick, also conducted a class in the Orono School system in the last weeks of May. The Reserve Officers,18 in number, rendered volunteer service of 3200 hours to the City. TO;Mayor and City Council FROM;Mark E. Bernhardson,City Administrat Forwarded for your information. PROPOSED MOTION - Moved by _,seconded by _,the Council acknowledges receipt of the 1989 Police Annual Report.Ayes _, Nays _. OFFENSES 1985 HOMICIDE RAPE ROBBERY 1986 1 2 1 1987 1968 1989 CLEAR X 1985 100 CLEAR X 1966 CLEAR X 1987 100 100 100 100 CLEAR X CLEAR X 1Q88 1989 100 AGG ASSAULT 5 6 4 2 8 5 100 6 100 4 100 1 50 8 100 BURGLARY 87 64 51 51 39 12 13 10 16 7 14 5 9 9 21 THEFT 286 299 302 284 259 52 18 53 18 35 16 46 16 40 16 MOTOR VEH THEFT 29 21 18 19 26 10 34 12 57 10 55 6 4 7 30 ARSON 1 3 3 4 3 1 100 2 66 2 50 2 67 TOTAL 310 397 380 364 335 81 25 85 22 23 16 62 18 65 20 OTHER ASSAULTS 23 21 35 21 91 20 95 31 89 FC ..GERY 24 20 9 16 12 13 54 14 70 5 56 •43 7 58 FRAUD 47 87 42 66 51 5 10 54 62 31 72 37 56 46 90 STOLEN PIU3P 1 3 6 1 100 3 100 6 100 VANDALISM 191 177 187 167 145 10 5 24 14 19 10 29 100 17 8 WEAPONS 11 5 3 1 8 10 90 5 100 2 66 1 100 5 63 OTHER SEX 12 14 25 7 7 3 25 6 43 7 28 1 14 6 66 NARCOTIC 19 14 104 47 24 15 78 12 86 102 98 47 100 22 92 FAMILY CHILDREN 13 11 6 3 1 10 76 8 73 4 66 3 100 1 100 DWI 131 175 225 276 214 131 100 175 100 225 100 276 100 214 100 LIQUOR LAWS 13 1 67 114 82 9 69 66 99 114 100 82 100 DISORDERLY CONDUCT 105 79 60 49 30 45 42 Z8 35 29 43 49 100 23 61 OTHER 68 93 94 105 87 34 51 53 57 46 53 78 74 70 eo TOTAL PART II 704 6Y6 852 865 708 353 50 379 56 559 67 537 62 524 74 GRAND , TOTAL 1114 1073 1240 1218 1035 437 39 464 43 662 53 669 57 589 57 ARRESTS OTHER THAN TRAFFIC ADULTS 181 444 429 607 473 JUV.39 20 95 128 116 ."rr::-: rrirrir“rd:“E3 i i.i-!—i- j-— • -{^ *■ -. j -i-i-i-j-i ; *—j-,-;-* i- u;----------1- ..„t" -:..j I--------.:j I;" !. -i-------------i •!...........i 13 '- i::;::;. . .1989 ............... CALLS' FOR SERVICE DAY“ OF"^^F,K"'~ ■ - - - - -i- --_ _ —. . .—i . -TOTAL 7015' r* H—-i ; i 20 1'8 16 ., 12 fl lil � � r---CX) °'c.o co co 1 6 � II (., i --i I ---1 I- � 0.0,0 0 -·-----,.. ----·-- •. 0,3.:59 r--- co °''co co co 04.00. . --0:.1'5:� TIME O DAY f -, I I.DI 0 U')N � H.�• � ·r-1; I r r r--- co co CX) °' CX) � lf'1 la ,1 I I CX) co v\ CX) r--.___ CX) M l/1 COi� ) L'"ll ,d• ' i CX) � 2000, J 3,5:9-... ANIMAL CONTROL OFFICER STATISTICS FOR 1989 • ORONO SPRING PARK MINNETONKA BEACH LONG LAKE TOTALS DOG BITES:7 0 0 0 7 IMPOUNDS:56 7 1 9 73 BARKING DOGS:38 14 10 5 74 DOG AT LARGE:79 16 2 9 106 RACOONS:9 2 '2 2 15 CATS:5 3 0 1 9 HORSES:5 0 0 0 5 MISC:40 6 0 6 52 TOTAL:239 48 IS 32 334 •/, 00 D ^ u u ‘•4 U Q) >,C 3 D Z ■3 w 'J c -4 O -*0 U1 H 'J u -H 0> 'J 04 4J U)0) u U 0)V u U)< c 0)>,z J3 *4-1 O T3 U 4H U <0 <0 M V Q> Or-I H O n V 00 •H c fl 0) 4J M-l 0 ^ H O »0 0) ♦o o 44c D W o 01o0) 0)» 00 E-* C CrH 44 OO 44 C04 o^§u V) CO in 2 Uiu, b. O r I C\<= I c; CO Qa: 3 Z CO 0.< JX ><a: LJ Q ca O CO H J D< 0-) in< < Ju ex >- 2 LJ U fX :3 .<a J e- Ci- CO 2 H O E- D< O in ex < H ex <o. OO •c r—( iH i-H CN CNJ 'T I—I CM (V 00 r r o m VC CMo\ o o o o o o o 00 in rr •c* C4 OJ 00 00 VC•c iH rr (N (N 00 <r> 00 J “ D < in in < ex u I H O >« 2 U ou. o a < ex Cl. >* X u o X ex zin M J< Q 2<> in 2 Oex < LU jc Xcu in X CiJ 2 H O 2 Cl] X Q J M u u H O U X< 2 > J 5 ; Cl. Q in < J Xo X)o*-• J >< J X llJ a Xoin 2 I O H < X I H I O I H 1 I Q I 2 I ou<uX Xm fH LD «i3' o VC rH C4 04 in CM •k VC ra ir 8 0) 0)rH •Hc >a n r* ro m o f-H u M b4 in (14 4H < ziX 3 H "J •< cuu X Cl) in inu: X JJ CO U Ui ^ i-i <D N c P ^ D Z ■D w 0 C u 0 CO w *« 0)I»I M ou0« 4J (Q 0)U Li Q) 0)Li to < 9> >,Z o Taa M Li « to K4J OiH H U B) « (Q »H Sto 0) 4J >L4 O 44 H O *0 0) V c po 44 c D toa toc co:» 44 O 44 C o :nc t/)uto uu. o a:u; Q Bz >a;t- UJc. ^ - i tii H U, hi X H sO a o CSL •j) 'O < X ucx I Ao to X < H CX <a H.J D <toto < 2u cx Q I >• I na< Xu. 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Ui X H O H 3 < 2 O COex < H »:] D < CO CO < Ui X f-o >* £ Q >• Hcnu o 3: CO M J< Q 2< CO 2 Oa. < Ui ‘S X Ui CO a u H O U ►-» f-ouex< 2 2 Ui ex Q J M u >• J O VO 00 VO CO 3: 'V' o 3 *- O "X •-> Q 3 >• 3 ex 3 3 O CO (X 3 Po H O H Q 2 < <y . o »d (U V4 (U>ou 0ex VO 00 r* in in c 0 r—Io 4Jto >1 t' 3 ro Ui r- 0a O on Ui ex H O H c4 <N toc *H 3c 0> 9 U M Ui CO U* 3 <<H ex 3 £-• 'O •< H 0. Uiu X 3 CO '-*2 3 ex CC< OFFENSES A LA A A p Offenses Unfounded Known MTKA BEACH 1989 - 1 l? 1 1 14 1 ---------------------------- OTHER ASSAULT ORGEH Y FR/ .. UD HOPEHTY VAND,\LISM h'£1\PONS OTHER SEX NARCOTIC I AMILY CHILDREN DWI LIQUOR LAWS DISORDERLY OTlll:n l'I\HT II TOTJ\L 3 1 1 11 4 2 3 25 Total Offenses 1 11 1 13 -------------- 3 1 1 11 4 2 3 25 Total Offense Cleared by Arrest 100 100 , Number 1 I 1 Cleared by Arre�t Persons Under 1 8 100 100 � Number 1 1 - �--------------------------------------------- 100 1 ·- 100 1 -- 100 11 100 4 25 1 50 1 33 1 -:n,\�JD-TOTAL ____ r ____J.2 ----r----- 1 --------r---38 ------r---- 55 --------- 21 -----r----- 5 ---------- 2 ---- l\flH E�T�i EXCEPT ·TRAFFIC -J\dults 20 Juveniles 7 TOTAL 27 Property Stolen 17,905 Recovered 8,200 tn ® Q) f-i U ki o<^f >,C Poz •o U) 0 c M orow*?0)u i-t fl;u a 4Jw0) uu o O X3w < E C D 0)4-1 ja 44 O 'Oo tH l«4ro ro *e jj a* O iH H U n 0 M fH C 10 0) 44 O 44 H O V 0) »D C Po 44 C D « 0) (0c c £g 44 C O X ww t/2 2. 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I |i I? {2 0 sm s C 2Vm bOc 3 2 1 rH O rH I 2 £ O12'C o m CM VO ^ Si ^ s X r“< I I .2L •E o•os< s "fB 5 o•o •g< •a•o< -3 T3<CM ii To: From: Date: JUL 9 1990 CITY OF CrKCriO Mark Bernhardson, City Administrator John R. Gerhardson, Public Works Director July 3, 1990 Subject: No Parking Resolution - Stubbs Bay Road Attachment A During the discussions for the improvements to the baseball diamond at Bederwood Park it was brought to our attention that the way people were parking on the west side of Stubbs Bay Road was causing a safety hazard. People were parking straight in and not parallel. When people left the park they had to back out onto Stubbs Bay Road. This was being done just below a crest of a hill in a 40 MPH zone. We have determined that there are approximately forty parking space? in the parking lot on the south end of the Park and people should be encouraged to use the parking lot. Therefore, I have drafted a resolution for Council review and approval restricting parking on that side of Stubbs Bay Road adjacent to Bederwood Park. Alternatives 1.Post parallel parking on west side (topography limits it to parallel parking on the east side. If parallel is allowed on west side, the shoulder needs to be upgraded in advance of any future MSA upgrade.) 2.Post "No Parking" west side and/or east side. 3.Expand the parking lot. 4.Post "Private/No Public Parking" on Christine Drive. 5.Combination. 6.Select a temporary option. 7.Take no action. Recommendation Staff has been monitoring the situation and have noted times when people continue to park "head-in" (even while extra spots exist in the parking lot). Jt^’ t I No Parking Resolution July 3,1990 Page 2 Given the width of Stubbs Bay, it would be best not to allow parallel parking on both sides. As such, it is recommended to approve Resolution # _ _ _directing the Public Works Department to post that part of Stubbs Bay Road adjacent to Bederwood Park "No Parking".This will encourage people to park in the parking lot.If the lot consistently overflows, we will then address the issue of expansion.We will continue to monitor the situation as it relates to Christine Drive. Proposed motion:_ _ _ _Moved _ _ _ _2nd to approve Resolution » directing the Public Works Department to post that part of Stubbs Bay Road adjacent to Bederwood Park "No Parking". To:Mayor Grabek and Orono Council Members From:Mark E. Bernhardson, City Administrat Forwarded recommending approval. A RBSOLDTION RESTRICTING PARKING ON PART OF STUBBS BAY ROAD WBEREASr the City of Orono is a municipal organization under the laws of the State of Minnesota; and WHEREAS, the City of Orono has authorized certain improvements to the baseball field at Bederwood Park; and WHEREAS, increased use of the Park has encouraged vehicle parking on Stubbs Bay Road adjacent to the Park; and hazard. WHEREAS, parking in this; manner is creating a safety NOW, THEREFORE, BE IT RESOLVED that the Orono City Council does hereby authorize and direct the Orono Public Works Department to post "No Parking" on the west side of Stubbs Bay Road adjacent to the Bederwood Park a distance of 776.40 feet. Adopted by the City Council at a regular Council meeting July 9, 1990. ATTEST; Dorothy M. Hallin, City Clerk James R. Grabek, Mayor STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of July, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor & City clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 1 of 1 62790.3 .^5/? COUJiSiL TO:Mayor and City Council FROM:Mark E. Bernhardson, City Administrator DATE:June 27,1990 SUBJECT: Facilities Citizens Review Committee JUL 9 1993 ui$& rn V OF OriC?^o ISSUE - Presentation to Council of an update on the Committee. INTRODUCTION - Due to some delays on discussion site plans for the primary site the meeting was cancelled and is rescheduled for July 26,1990. PROPOSED MOTION - Moved by , seconded by that Council accept the information on the Facilities Citizens Review Committee. Ayes _, Nays _. 62790.2 TO:Mayor and City Council FROM:Mark E. Bernhardson, City Administrat DATE:June 27,1990 SUBJECT: Highway 12 Corridor Study ?ilEEliiN6 JUL 91990 CITY OF OROHO Attachment:A.Letters Soliciting Transportation Consultant ISSUES - 1.Presentation to Council of anticipated dates for next Highway 12 Corridor meetings. 2. Presentation to Council of letters to potential transporstation consultants. INTRODUCTION - The meetings that were scheduled for June have been delayed to the regular meeting times. Those dates and times will be as follows: Technical Committee - 1:00 P.M., Tuesday, July 17, 1990 Policy Committee - 5:00 P.M., Wednesday, July 25, 1990 Citizen Task Force - Unscheduled Council will be notified of any changes in these meetings. It is anticipated, as noted in Attachment A, that the consultants will be presenting their information in advance of the next Council meeting (July 23rd) and available for any interviews at those meetings. PROPOSED MOTION - Moved by _,seconded by that the Council accept the information from staff regardTng the Highway 12 corridor and the transporation consultant.Ayes _, Nays _. CITY " CITY OF ORONO Post Office Box 66 • Crystal Bay. Min On the North Shore of Lake Minnetonka fi- June 28, 1990 This letter was mailed to: Bonestroo, Rosene, Anderlik i Assoc. Strgar-Roscoe Fausch, Inc. Barton Aschman Associates, Inc. Subject:Consultant TransportationEngineer - Request for service Dear Mr^-^^6ook, Attachf' olease find a Request for Service for the City of Orono >•. 5 no *cnnsu 11 ing transportation work primarily in conjunctioa with the Minnesota Department of Transportation's Highway 12 corridor selection study. It is requested that, if interested, you would respond with a proposal by Wednesday, July 18, 1990. It is anticipated that in addition to the Request for Service that you make a short presentation of your services and credentials in relationship to this at the Council's Monday, July 23, 1990 Council meeting. inceraly , Mark E. Bernhardson City Administrator MEB/dh Enclosure B' U)ING& ZONING 473-7357 ASSESSING ADMINISTRATION & n.NANCE - 47^7358 FAX-473-0510 PUBUC WORKS - 47>7359 7590.3 TO:Mayor and City Council FROM:Mark E. Bernhardson,City Administrat DATE:July 5,1990 SUBJECT: Stubbs Bay CGUf^CIL JUL 91990 CITY OF ORCf^O INTRODUCTION - While a little progress is being made on finalizing information for the letter to the residents, it will be at least a week or two before it goes out given the current work load. cc:Jean A. Mabusth, Building & Zoning Administrator John R. Gerhardson, Public Works Director Glenn Cook, City Engineer To:Mark Bernhardson, City Administiator From:John R. Gerhardson, Public Works Director Date:June 22,1990 COUrCIL MEETiNGJUL 91990 CITY f)F QROf^O (7^ Subject:Joint Cooperation Agreement - Hennepin County/City of Orono/CDBG So that we may continue receiving Community Development Block Grant (CDBG) funds, we must enter into a Joint Cooperation Agreement with Hennepin County. Hennepin County administrates the CDBG program. Attached for review and approval are the agreement and resolution which require the Mayor and City Administrator signatures. The agreement and resolution are for a three-year term. For 1990 the City of Orono will receive approximately $23,000. Recommendation: To approve the Joint Cooperation Agreement between Hennepin County and the City of Orono and to authorize the Mayor and City Administrator to sign the agreement. Proposed Motion: _ _ _ _ — -e'it- -^ — Cooperation Agreement betweeen Hennepin County and the City of Orono and to authorize the Mayor and City Administrator to sign the agreement. Moved 2nd to approve the Joint TO:Mayor and City Council FROM:Mark E. Bernhardson, City Administrat Forwarded recommending approval. Sjifc A RESOLUTION APPROVING THE JOINT COOPERATION AGREEMENT - COUNTY CONTRACT NO. A04990 BETWEEN HENNEPIN COUNTY AND THE CITY OF ORONO WHEREAS, the City of Orono, Minnesota and the County of Hennepin have in effect a Joint Cooperation Agreement, County Contract No. 70486, for the purposes of qualifying as an Urban County under the United States Department of Housing and Urban Development Community Development Block Grant program; and WHEREAS, the City and the County wish to terminate the current Agreement and execute a new Joint Cooperation Agreement, County Contract No. A04990, to reconstitute Urban Hennepin County for purposes of the Community Development Block Grant program. BE IT RESOLVED, that the current Joint Cooperation Agreement between the City and the County, County Contract No. 70486, be terminated effective September 30,1990, and a new Joint Cooperation Agreeement between the City and the County, County Contract No. A04990, be executed effective October 1, 1990, and that the Mayor and the City Administrator be authorized and directed to sign the Agreement on behalf of the City. The question was on the adoption of the resolution, and upon a vote being duly taken thereon, the following voted in favor thereof; and, the following voted against the same; WHEREUPON SAID RESOLUTION WAS DECLARED DULY PASSED AND ADOPTED THIS 9TH DAY OF JULY, 1990. James R. Grabek, Mayor ATTEST; Dorothy M. Hallin, City Clerk 7K HENNEPIN OFFICE OF PLANNING & DEVELOPMENT Development Planning Unit 822 South Third Street, Suite 310 Minneapolis, MN 55415 (612)348-6418 r-j^»rrvrf li *'1Oil__ _ _ June 20,1990 fjUN 2 2 1990 Mr. Mark E. Bernhardson City Administrator City of Orono P.0. Box 66 Crystal Bay, MN 55323 Dear Mr. Bernhardson: Every three years Hennepin County must be certified by the U.S. Department of Housing and Urban Development as an urban county to continue to receive an annual entitlement grant through the Community Development Block Grant program. The process to gain certification for Fiscal Years 1991, 1992 and 1993 is now underway. The key element in the process is the execution of a Joint Cooperation Agreement between the County and each community therein that wishes to participate in the program and therefore be eligible to undertake important local activities with CDBG funds. The accompanying three copies of the Joint Cooperation Agreer mt for Fiscal Years 1991, 1992 and 1993, Contract Number A04990, is provided for your execution should you elect to remain a participant in the Urban Hennepin County CDBG program for the next three years. A sample resolution for your governing body to pass to authorize execution of the agreement is included for your convenience. A certified copy of the authorizing resolution must be returned with all three copies of the executed agreement by Friday, August 17, 1990 to: Hennepin County Office of Planning and Development 822 South 3rd Street Suite 310 Minneapolis, MN 55415 That date is necessary to assure execution by the County Board and transmittal of a fully executed agreement to HUD by the imposed September 4, 1990 deadline. One will be returned to you by the same date. The new agreement incorporates the amendments that were appended to the last agreement. Also included are several changes to accommodate new requirements directed by HUD, such as emphasizing affirmative action to further fair housing and clarifying the relationship between cooperating communities and the County as subrecipient and recipient. HENNEPIN COUNTY on equal opportunity employer June 20, 1990Page 2 Of most significance is the elimination of the discretionary account. The unexpended funds which made up the account will now be added to the annual basic grant and programmed for use along with the development of the annual program. This change reflects the general improvement in expenditure rate and simplifies program administration. Should your community wish to remain in the Urban Hennepin County CDBG program for Fiscal Years 1991, 1992 and 1993, it need only pass a facsimile of the sample resolution, execute the agreement and return them as instructed. Should it decide not to execute the agreement it would not receive CDBG funding through the Urban Hennepin County program beginning with Fiscal Year 1991. We look forward to your continued participation with us in the CDBG program. Sincerely, bbert Isaacson Planning Supervisor Enclosure cc:HUD John Gerhardson Contract: No. JOINT COOPERATION AGREEIfENT THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, Stat^ of Minnesota, hereinafter referred to as "COUNTY," and the CITY OF _ _ _f)V0Y\b_ _ _ _ _ _ _ _ _, hereinafter referred to as "COOPERATING UNIT," said parties to this Agreement each being governmental units of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471.59; WITNESSETH; COOPERATING UNIT and COUNTY agree that it is desirable and in the interests of their citizens that COUNTY secure Community Development Block Grant funds as an Urban County wi'.hin th^ provisions of the Act as herein defined and, therefore, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions. I.DEFINITIONS The definitions contained in 42 USC 5302 of the Act and 24 CFR Part 570.3 of the Regulations are incorporated herein by reference and made a part hereof, and the terms defined in this section have the meanings given them: A."Act" means Title I of tne Housing and Community Development Act of 1974 as amended (42 U.S.C. 5301 et.seo.). B."Regulations" means the rules and regulations promulgated pursuant to the Act, including but not limited to 24 CFR Part 570. C."HUD" means the United States Department of Housing and Urban Development. D."Cooperating Unit" means any city or town in Hennepin County which has entered into a cooperation agreement which is identical to this Agreement, as well as Hennepin County which is a party to each Agreement. E."Statement of Objectives and Projected Use of Funds" means the document bearing that title or similarly required statements or documents submitted to HUD for authorization to expend the annual grant amount and which is developed by the COUNTY in conjunction with COOPERATING UNITS as part of the Community Development Block Grant program. F."Metropolitan City" means any city located in whole or in part in Hennepin Covinty which is certified by HUD to have a population of 50,000 or more people. II.PURPOSE The purpose of this Agreement is to authorize COUNTY and COOPERATING UNIT to cooperate to undertake, or assist in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing and authorizes COUNTY to carry out these and other eligible activities for the benefit of eligible recipients who reside within the corporate limits of the COOPERATING UNIT which will be funded from annual Community Development Block Grants from Fiscal Years 1991, 1992 and 1993. III.AGREEMENT A.The term of this Agreement is for a period commencing on the effective date of October 1, 1990, terminating no sooner than the end of the program year covered by the Statement of Objectives and Projected Use of Funds for the basic grant amount for the Fiscal Year 1993 as authorized by HUD subsequent to the effective date and for such additional time as may be required for the expenditure of funds granted to the County for such period. B.Notwithstanding any other provision of this Agreement, this Agree ment shall be terminated at the end of the three-year program period during which HUD withdraws its designation of COUNTY as an Urban County under the Act. C.This Agreement shall be executed by the appropriate officers of COOPERATING UNIT and COUNTY pursuant to authority granted them by their respective governing bodies, and a copy of the authorizing resolution and executed Agreement shall be filed promptly by the COOPERATING UNIT in the Hennepin County Office of Planning and Development, and in no event shall the Agreement be filed later than August 17,1990. D.COOPERATING UNIT and COUNTY shall take all actions necessary to assure compliance with the urban county's certification required by Section 104(b) of the Title I of the Housing and Community Develop ment Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Title VIII of the Civil Rights Act of 1968, Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. IV.ACTIVITIES COOPERATING UNIT agrees that awarded grant funds will be used to under take and carry out within the terms of this Agreement certain projects involving one or more of the essential activities eligible for funding under the Act.COUNTY agrees and will assist COOPERATING UNIT in the undertaking of such essential activities by providing the services specified in this Agree ment. The parties mutually agree to comply with all applicable requirements of the Act and the Regulations and other relevant Federal and/or Minnesota statutes or regulations in the use of basic grant amounts. Nothing in this Article shall be construed to lessen or abrogate COUNTY'S responsibility to assume all obligations of an applicant under the Act, including the develop ment of the Statement of Objectives and Projected Use of Funds pursuant to 24 CFR 570.300 et.seq^ A.COOPERATING UNIT further specifically agrees as follows: 1.COOPERATING UNIT will in accord with a COUNTY established schedule prepare and provide to COUNTY, in a prescribed form, an annual request for the use of Community Development Block Grant Funds consistent with this Agreement, program regulations and the Urban Hennepin County Statement of Objectives. 2.COOPERATING UNIT acknowledges that, pursuant to 24 CFR 570.501 (b), it is subject to the same requirements applicable to subrecipients, including the requirement for a written Sub recipient Agreement set forth in 24 CFR 570.503. The Sub- recipient Agreement will cover the implementation requirements for each activity funded pursuant to this Agreement and shall be duly executed with and in a form prescribed by COUNTY. 3.COOPERATING UNIT acknowledges that it is subject to the same subrecipient requirements stated in 2. above in instances where an agency other than itself is undertaking an activity pursuant to this Agreement on behalf of COOPERATING UNIT. In such instances a written Third Party Agreement shall be duly executed between the agency and COOPERATING UNIT in a form •prescribed by COUNTY. 4.COOPERATING UNIT shall implement all activities funded for each annual program pursuant to this Agreement within eighteen (18) months of the authorization by HUD to expend the basic grant amount. (a)Funds for all activities not implemented within eighteen (18)months shall be added to the next annual basic grant amount received by COUNTY and allocated according to the procedures set forth in and comply with all conditions of this Agreement. (b)Implementation period extensions may be granted upon request in cases where the authorized activity has been initiated and/or subject of a binding contract to proceed. 5.COOPERATING UNIT shall use funds provided pursuant to Section V.of this Agreement to undertake no more than three (3) grant funded activities administered by the COOPERATING UNIT. Each activity shall have a budget of at least seventy-five hundred dollars ($7,500), or the total amount of the planning alloca tion of COOPERATING UNIT if less than seventy-five hundred dollars ($7,500). A COOPERATING UNIT may assign less than seventy-five hundred dollars ($7,500) to an activity when the activity is one that is programmed by at least one other COOPERATING UNIT and administered by only one COOPERATING UfUT on behalf of the others, provided that the total activity budget is at least seventy-five hundred dollars ($7,500). r 6. 10. 11. COOPERATING UNIT will take actions necessary to accomplish the community development program and housing assistance goals as contained in the Urban Hennepin County Housing Assistance Plan. COOPERATING UNIT shall ensure that all programs and/or activi ties funded in part or in full by grant funds received pursuant to this Agreement shall be undertaken affirmatively with regard to fair housing, employment and business opportunities for minorities and women. It shall in implementing all programs and/or activities funded by the basic grant amount comply with all applicable Federal and Minnesota Laws, statutes, rules and regulations with regard to civil rights, affirmative action and equal employment opportunities and Administrative Rule issued by the COUNTY. COOPERATING UNIT that does not affirmatively further fair housing within its own jurisdiction or that impedes action by COUNTY to comply with its fair housing certification shall be prohibited from receiving CDBG funding for activities. COOPERATING UNIT shall participate in the citizen participation process as established by COUNTY in compliance with the requirements of the Housing and Community Development Act of 1974, as amended. COOPERATING UNIT shall comply with all of the administrative guidelines of the COUNTY now in effect or as hereafter promul gated. COOPERATING UNIT shall prepare, execute, and cause to be filed all documents protecting the Interests of the parties hereto or any other party of Interest as may be designated by the COUNTY. B.COUNTY further specifically agrees as follows: 1.COUNTY shall prepare and submit to HUD and appropriate review ing agencies on an annual basis all plans, statements and program documents necessary for receipt of a basic grant amount under the Act. 2.COUNTY shall provide, to the maximum extent feasible, technical assistance and coordinating services to COOPERATING Ul^II in the preparation and submission of the request for funding. 3.COUNTY shall provide ongoing technical assistance to COOPERAT ING UNIT to aid COUNTY in fulfilling its responsibility to HUD for accomplishment of the community development program and housing assistance goals. 4.COUNTY shall upon official request by COOPERATING UNIT agree to administer local housing rehabilitation grant programs funded pursuant to the Agreement, provided that COUNTY shall rtceive twelve percent (12%) of the allocation by COOPERATING UNIT to the activity as reimbursement for costs associated with the administration of COOPERATING UNIT activity. 5.COUNTY may, as necessary for clarification and coordination of program administration, develop and implement Administrative Rules consistent with the Act, Regulations and HUD administra tive directives. V.ALLOCATION OF BASIC GRANT AMOUNTS Basic grant amounts received by the COUNTY under the Act shall be allocated as follows: A.COUNTY shall retain ten percent (10%) of the annual basic grant amount for the undertaking of eligible activities. B.The balance of the basic grant amount shall be apportioned by COUNTY to COOPERATING UNITS in accordance with the formula stated in part C of this section for the purpose of allowing the COOPERATING UNITS to make requests for the use of funds so apportioned. The allocation is for planning purposes only and is not a guarantee of funding. C.Each COOPERATING UNIT will use as a target for planning purposes an amount which bears the same ratio to the balance of the basic grant amount as the average of the ratios between: 1.The population of COOPERATING UNIT and the population of all COOPERATING UNITS. 2.The extent of poverty in COOPERATING UNIT and the extent of poverty in all COOPERATING UNITS. ■3.The extent of overcrowded housing by units in COOPERATING UNIT and the extent of overcrowded housing by units in all COOPERAT ING UNITS. 4.In determining the average of the above ratios, the ratio involving the extent of poverty shall be counted twice. It is the intent of this section that said planning allocation utilize the same basic elements for allocation of funds as are set forth in 24 CFR 570.4.The COUNTY shall develop these ratios based upon data to be furnished by HUD.The COUNTY assumes no duty to gather such data independently and assumes no liability for any errors in the data furnished by HUD. In the event COOPERATING UNIT does not request its planning alloca tion, or a portion thereof, the amount not requested shall be added to the next annual basic grant amount received by COUNTY and allocated according to the procedures set forth in and comply with all conditions of this Agreement. VI.FINANCIAL MATTERS Reimbursement to the COOPERATING UNIT for expenditures for the implementation of activities funded under the Act shall be made upon receipt by the COUNTY of Summary of Project Disbursement form and Hennepin County Warrant Request, and supporting documentation. :l ; ^ i All funds received by COUNTY under the Act as reimbursement for payment to COOPERATING UNITS for expenditure local funds for activities funded under the Act shall be deposited in the County Treasury. COOPERATING UNIT and COUNTY shall maintain financial and other records and accounts in accordance with requirements of the Act and Regulations. Such records and accounts will be in such form as to permit reports required of the County to be prepared therefrom and to permit the tracing of grant funds and program income to final expenditure. COOPERATING UNIT and COUNTY agree to make available all records and accounts with respect to matters covered by this Agreement at all reasonable times to their respective personnel and duly authorized federal officials. Such records shall be retained as provided by law, but in no event for a period of less than three years from the last receipt of program income resulting from activity impltnenta- tion. COOPERATING UNIT and COUNTY shall perform all audits as may be required of the basic grant amount and resulting program income as required under the Act and Regulations. COOPERATING UNIT shall inform COUNTY of any income generated by the expenditure of CDBG funds it has received and shall pay to COUNTY all program income generated except as derived from activities with an approved revolving account.When program income is generated by- an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. 1.COUNT/ will retain ten percent (10%) of all program income paid to COUNTY to defray administration expenses. 2.The remaining ninety percent (90%) of the program income paid to COUNTY shall be credited to the grant authority of COOPERAT ING UNIT whose project generated the program income and shall be used for fundable and eligible CDBG activities consistent with this Agreement. 3.-COOPERATING UfllT is authorized to retain program income derived from projects with an approved revolving account provided such income is used only for eligible activities in accordance with all CDBG requirements as they may apply. 4.COOPERATING UNIT shall maintain appropriate records and make reports to COUNTY as may be needed to enable COUNTY to monitor and report to HUD on the use of any program income. 5.Any program income that is on hand or received subsequent to the closeout or change in status of COOPERATING UNIT shall be paid to COUNTY. F.Should an approved activity be determined to represent an ineligible expenditure of grant funds, the COOPERATING UNIT responsible shall reimburse the COUNTY for such ineligible expense. 1.All reimbursements for ineligible expenditures shall be added to the next annu«.i basic grant amount received by COUNTY and allocated according to the procedures set forth in and comply with all conditions of this Agreement unless decreed otherwise by a Federal regulatory body or by final determination of a court of competent jurisdiction. 2.When it is determined by the COUNTY that grant funds have been expended on an eligible activity and through no fault of the COOPERATING UNIT the project fails or is no longer eligible, the return of grant funds shall be reallocated in the same manner as program income in Section VI.E. of this Agreement unless decreed otherwise by a Federal regulatory body or by final determination of a court of competent jurisdiction. VII.REAL PROPERTY ACQUISITION OR IMPROVEMENT The following provisions shall apply to real property acquired or improved in whole or in part using CDBG funds. A.COOPERATING UNIT shall promptly notify COUNTY of any modification or change in the use of real property from that planned at the time of acquisition or improvement including disposition and comply with 24 CFR 570.505. COOPERATING UNIT shall reimburse COUNTY the greater of the actual sale proceeds or an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. Program income generated from the disposition or transfer of property prior to or subsequent to the closeout, change'of status or termination of this Agreement shall be treated as stipulated in Section VI, paragraph E of this Agreement. VIII.METROPOLITAN CITIES Any metropolitan city executing this Agreement shall defer their entitle ment status and become part of Urban Hennepin County. L. m IX.EXECUTION COOPERATING UNIT, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on 19_ _, and pursuant to such approval and the proper County official having signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth. Upon Proper execution, this Agreement will be legally valid and binding. •Assistant County Attorney Date: APPROVED AS TO EXECUTION: Assistant County Attorney Date:_ _ _ _ _ _ _ _ _ _ _ COUNTY OF HENNEPIN, STATE OF MINNESOTA By: Chairman of its County Board Deputy/Associate County Administrator Attest:_ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ Deputy County Auditor CITY OF By: _ _ And: CITY MUST CHECK ONE: The City is organized pursuant to: Plan A Plan B _Charter 62990.1 3-^To:Mark E. Bernhardson, City Administrator C‘tyit'1} From:John R. Gerhardson, Public Works Director ^<S90Date: June 29, 1990 Subject: Publish for Accepting Applications - Public Works t'fT/ OF I have been advised that John Sass, light equipment operator, Public Works Street Department will be retiring late summer or early fall. So that we may begin the hiring process in a timely manner, I would like to advertise now to a cept applications only. We would be able to review applicatiu. s and begin interviewing applicants so that we can have a i >> son on board immediately following John Sass's retiring Recommendation - To approve accepting applications only for maintenance worker position in the Public Works Department. Proposed Motion - Moved by _ _, seconded by _ _, to approve accepting applications only for maintenance worker position in the Public Works Department. Ayes _ _, nays _ _. To:Mayor Grabek & Orono Council Members Prom:Mark E. Bernhardson, City Administrat<^i|^^ Forwarded recommending approval. 7390.1 3c/ TO:Mayor and City Council FROM:Mark E. Bernhai.’son, City Administrato DATE:July 3,1990 SUBJECT: Administrator's Information CGySiSCfL i'/iEOiNf) JUL 9 1990 OF ORCf'O LI^FT STATION 10 AND 43 - The City Attorney has given the authorization to go ahead with LaTour Construction in order to complete the work. It is anticipated it will be completed by September 1990. BIG ISLAND TOUR - The tentative date of July 6, 1990 noon has been cancelled. Counci lme'nh?>rj may want to date and time for a Big Island tour at their July 9th In the meantime staff will schedule an inspection of the within the next two weeks and report back to Council and Commission. at 12:00 select a meeting, facility Planning 1972 SHADYV700D ROAD - A hearing was held on July 2nd for a temporary restraining order. The City was represented by Kathryn Walker with the Nehrings representing themselves. Substantial evidence was given by Dr. James Cooper on behalf of the City together with the neighbors. Judge Baryi Nord took the matter under advisement and it is hoped the City would have a decision within two weeks. That decision would either be to grant a temporary injunction on the basis that the delay and harm to the area and to the ducks for a full-blown trial of six to nine months from now would be problematic. Other dispositions are to either direct that a trial for a permanent injunction together with discovery be held or that the matter would be dismissed. HISTORICAL PLAQUES - As part of the centennial activities historical plaques were proposed for two locations in Orono. Both plaques are not in place on large stones, one near the entrance to the Orono Council Chambers and the other in the southeast corner of Bederwood Park adjacent to Stubbs Bay Road. RECYCLE*^ PAPER - For the past two weeks the City has been working with recycled paper that is 50% recycled and seems to have no problem. The cost of this is $3.70 less per case. GOAL SETTING STATUS - See Attachment A. RECEIPTS AND DISBURSEMENTS - MAY - See Attachment B. WIRE TRANSFERS - See Attachment C. J ^*m0 J , s \ i 6 1 §g i I I I I sssss; M Id n S®*•^ .U ' ' >1-^ u um I•M Bs >1 in I a i ! O o ^•sSo s*s«3 « i-saj 0) *4J2 a 67 si •n ?|i : i V ^ J . 0 o 1 I 'o' a 3•M 0) 04 01 lg 8 lJ 5 I 8u 1 ^ gu I ? 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I 09i®Mno>Oi9 I I CM ® CM © ^ I V I © © r- ® r* o I r-I %«%%« «|%<- I © © o © in © I CM A I m 0-4 © cn m i m ^ • cn I mj §: ? i £ ^ t J! 0 > l4 9 0 0 0 cr 6 44 0 9 9 4C 0 *44 9 9 9 0 9 • e 9 Ko^crcvoA H i4mOU4MHO o o n n iJ O -u •o -u »o V a* V V4 S’. K *0u u o» TJ M B 0) R 19 u u u x: O O <9 O u, JJ (14 U <9 3-« r ^ a. 19 <9 u n u (I) 4) *0 «J T) •O C tJ C V O V O (u n b4 CQ oaon w 2 0 lu 0)u iJ 3 U *J 01 <9 u y. S 19 *J —< •w D w u 0 0) a B 01 Bo o u U-i <X3 o »*J 0» O W in <9 o> .u x: x< 01 u n n u 0 3 •-< "o r. lu ■-< u u .u 3 0) u iJ CU 01 (9 19 u s; o. g COIMIL JUL 9 1990 (’!7Y OP LIST OF LICENSES FOR COUNCIL APPROVAL FOR MEETING OF July 9, 1990_ _ _ _ Special Event: Corn Days Four Mile Foot Race . August 12, 1990- 11:30 - 1:00 Solicitors: Greenpeace Action Door to door solicitation - Contributions Kennel License - Residential - Rodney A. Crawford ate; APPLICATIONPARADES and SPECIAL EVENTS CITY of ORONO, MINNESOTA 55323 crrvcF IORC.-.O ju 19 ^0 Application Number. ame DA n J ddress ■ )^M 5. i . AlN<SJ9 ^ _________ ocation of Parade or Event 10)lxol O ^ “■ JU N 2 9-1990 of Persons and/or Organizations Handling the Event ■...■■.ame lone Numbers » 3~7Q OS*Qi5~^ ate of Event 8~P^9o Hours of Event )-DOP)‘0 aason or Purpose hoOr isurance Coverage \ QQO^ CQQ nount ________________________^_____ smpany _____________________________ 3py of Insurance Certificates to be Submitted with this Application. am aware of all applicable State and other laws regarding Parades and Decial Events and will abide by same. I also agree to hold the City of :ono harmless from all liabilities that may arise directly or indirectly :om the Parade or Special Event approved l^yvjthe grating of this permit. je: $25.00 e Paid: e: ______ jck ______ WN^he grariting of thij Signature of Applicant 19. litials RECOMMENDED: Yes X fice Use Only; marks : ___ r r 1. .w cnvoF ORONO APPLICAT License No. .ICITATION - $20.00 fee CITY OF ORONO 1335 BROWN ROAD SOUTH BOX 66 CRYSTAL BAY, MN 55323 Date Received Date Expires Representative: t . __________________ Phone Address: 3 rjUN '2 2 1S80 Organization: C-,eAcTIOIV____________ Phone /^/j) g7V-03 3 0 ------- Address : Mir.-nL^uirr- A[J S''S"V<rf- /• I PTTv r>c nn-rtvn . Check One: Business Solicitation _ _ _ _ Contribution Solicitation _X_vm5/w- Number of People Solicitating within the City ^0 MuieL TM^ At Provide list of Names of Solicitors on back of this application. Type of Product tc be solicited llarUitU^ / ID 3t So^/^_______________— PERMIT EXPIRES 60 DAYS FROM APPROVAL DATE. POLICE CHIEF SHALL HAVE FIVE (5) BUSINESS DAYS IN WHICH TO INVESTIGATE AND MAKE A RECOMMENDATION PURSUANT TO ORONO MUNICIPAL CODE SECTION 5.30 SUBD 5(a). ORONO MUNICIPAL CODE REGULATIONS ON SOLICITORS Subd. 3. Prohibited Solicitation Practices. A. It is unlawful for any solicitor to engage in solicitation for any unlawful business or organizational purpose or activity. B. It is unlawful for any solicitor to practice harassment, nuisance, theft, deceit, or menacing, troublesome or otherwise unlawful activities during the course of solicitation. C. It is unlawful tor any solicitor to enter, or attempt to gain entrance, to residential premises displaying at such entrance a sign with the words "Peddlers and Solicitors Prohibited" or "Solicitors Prohibited". D. It is unlawful for any solicitor to refuse to leave business premises wl - requested by the owner, leasee, or person in charge thereof. E. It is unlawful for any person to engage in contribution solicitation without completion of licensing or registration as herein provided. F. It is unlawful for any person to engage in business solicitation without a license as herein provided. The undersigned hereby agrees to the conditions quoted above from th.^ Orono Municipal Code and any additioMl requirements the City staff may have. Signature of Applicant: X y/^—C—^ Date: FOR CITY USE ONLY: After review of application, staff recommends the following: _ _ _ _ Approval of application _ _ _ _ Denial of application Signature of City Official:Date : KENNEL LICENSE APPLICATION. Effective January 1, Dt::ember 31, 19 ^0 Owner: l^sProperty Ttddifess; H1 0 S'-£fu^ ‘ (include city and zip) Mailing Address (if different)?_ Vnome) ^10^ " vv rP L (work) lU^IDENTIAL Kennel License Inf•; rmation; $25.00 Ipayment must accompany application) Maximum No. of dogs to be kept at one time; S' (over 6 months of age) Principal Breed 01 cm 30.00 niwoof^ Vu •V< ;SU ilisioO COOi 001 7:0:0^ X71/9C 27.C0 J-.U? y Purpose for more than 2 dogs: Dogs normally kept: inside _kennel structure COMMERCIAL Kennel License Information; $150.00 (payment must accompany application) Name of Business: Business Activities:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (example: boarding, breeding, veterinary care, retail, etc. Normal Business Hours;_ _ _ _ _ _ _ _ _ _ _ _ _ After Hours Contact; (nam-*, _ _ _ _ _ _ '_ _ _ _ _ _ _ _' • (phoi.o) Dog runs/exercise area?. .-ifC, •• _ _ _inside outside both The undersigned ..ereby makes application to the Orono City Council for a Kennel Ticense as specified on this form; the undersigned acknowledges that a kenn«xA.i. license is permissive only and does not grant any authority to violate v ny provision of any City Ordinance or other law or ro a^.ion; the undersigend hereby grants the City permisssion to inspect rrmis prior to license approval and at any other reasonable t license duration; and the unders>_7 .ed agrees to abide by t of Municipal Code Chapter 5.3b including any special cond;.. the City Council as pax v or any kcv^iel license approval. f - i* ' ■•• • ' .. • .................- .-.J. .j .. •. .f>'v'V:‘' : -■■. .-v• I,*.".- r, •■ */.; ■ • -r - - rc-rj,:; •' ' i - ••■. '••• ** ' ' ^ • ,* *. . 'Vi' *1 .' ^v' • ■'.»•■■.••■■'• "• • .. ^ • ~ ... • '. I ■:! COuiisiLJUL 0 1990 36ciTV OF or.oKa- 06,24/90 PR: CB PRREGOR'KRtQOK ✓ . NAME DPT GROSS CURRENT GROSS . ..; V • .>>.• ABRAHAMSON. FREDtP|C ANDERSON, BRUCE L BERNHARDSON. MARK E BOBZIEN. SUE A BOSMA. JAMIE L BOWMAN. ERIK A BRAU't, ROBERT R BRINKHAUS. JOHN F CHESWICK, GARY B CHRISTIANSON. SALLY CORNICK. JAMES L DEMBOUSKI, JAY C ENGLISH III, IRVING ERICKSON. KURT R FISCHENICH. DAN 1 FRITZLER. JOHN M GAFFRON. MICHAEL P GERHARDSON JOHN R GREGORY. JAMET D HALLIN, DOROTHY M HANSEN. STEVEN C HANSING, CAROL J JOHNSON. BRADLEY P JOSTROM. FOREST J KARNITZ RICKY D KILBO. MELVIN H KNUTSON. CHARLOTTE A KUEHN. THOMAS M LINDSTROM. DAVID J MABUSTH. JEANNE A MILLS JR. WALTER H MOK,' . MARK F MOR( ./ClZYNSKI . NAAB. THERESA NELSON. DAVID OAS. DANIEL 0 OBRIEN. RANDY L OMAN. LYLE E PALMER. GREGORY A OUAST. WAYNE A RATH8UN. BARRY J SASS. JOHN J SKREEN. DALE S STEFFENHAGEN. RONALD STEVENS. BETTY G TriOMTON. MARK R TOMCHECK. LAWRENCE F JAMES L TOMCZYK. MARK W VANG. BRUCE L VEE . LINDA S WALSH, KEVIN L Skiu'^PS. LINDA G WECKMAN. STEPHEN YEAGER. DONALD C 93 31 12 31 12 61 93 42 31 31 31 31 31 31 31 31 33 42 42 12 42 31 31 93 31 31 15 15 93 33 93 31 31 12 3b 93 92 33 42 92 92 42 42 93 93 31 31 31 33 12 35 15 33 93 641.27 21534.14 29615 12216 7759 816 29 82 92 00 64 1863 2221 921 501 480 13 58 36 84 46 00 489.27 249 38 18782.79 1391.12 19331.73 1468 00 2862 2C 219.12 20141.96 1802.33 5765.74 1156.11 22418 38 1463 61 18550.C 1364.16 17584.67 1396.64 19263.78 1396 16 17377.65 1338.72 22856.69 1760.80 17566.21 1452.88 14968.40 1153.12 14208.31 1006.59 6808.40 504.44 19539.08 1594.36 572.38 220.88 2755,33 445 68 25499.44 1964.40 11954.66 921.85 24285.11 1870.88 256.50 52.25 21762.00 167' 460 no 13: 1758 133 22T 147 12'921.in 76.50 231.00 13^.7 :C92.84 15379 1271.76 2499 46 1040.56 17704 49 1566.22 13893.41 1092.82 13660.89 1040.82 14059.44 1158.20 14988 15 1154.64 1174.25 162.25 18117.01 1338.16 19190.95 1505.43 18161.25 13440.45 3526 2797 11448.08 466.00 868.90 21 31 1364.16 1095.52 783 180 935 466 76 61 28 04 00 13 55.419.12 % . • - -V . , - : C-.:- •, '’••• ■ t V• *.* *.. / ‘(vH -I- :«.•.•* '• ■;*'■/'»'•*• :; ^•*4 -*r.*’ • • «'*. ••;•'• •■ ■'■Ar:-:‘ «**'rT ^ *’-i .«••». 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O UJ oe ac O az CO CO UJ O *- oe < O o o a. UJ 3 oe -i u. u. u. .J O t- Vz »- 3 »-•o o ou o < at OOUIUJUIUJu. UJUJUJuJUJ :> >>>>>>>>> (D CD 00XXX 3 3 3z z z oo C^^O.'CIL fyiEETING ,'UL 9 1990. f-ir/ np QRom v' . MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ATTENDANCE 7:00 P.M. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley and P.lanning Commissioners Johnson, Bellows, Cohen, Hanson and Moos. The following represented the City Staff: Building and Zoning Administrator Mabusth, Assistant Planning and Zoning Administrator Gaffron, and City Recorder Scheffler. Council Representative was present. #1536 STEVE GARDINER 3770 BAYSIDE ROAD A) VACATION OF PUBLIC RIGHT-OF-WAY B) VARIANCES PUBLIC HEARING 7:00 P.M. TO 7:07 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Gardiner was present for this public hearing. Gaffron reviewed the information regarding this two-part application (see Gaffron’s report dated June 11, 1990). Gaffron noted that it will be necessary for the other adjacent property owners to petition to have the alley vacated. Kelley suggested that the Planning Commission provide Mr. Gardiner with opinions and a possible consensus, but hold the Public Hearing in abeyance until a petition is received. Gaffron stated that he sees no reason for neighborhood opposition to the vacati-.i. and that the matter could proceed to Council with the condition that the petition must be received. Mr. Gardiner stated that he had secured the signature of one of the four property owners and was attempting to obtain the other three. With regard to the variance portion of this application, Gaffron stated that the capacity of the existing septic system is a concern. Kelley asked when City sewer will be installed in that area. Gaffron replied that the City is currently sending letters to all residents in the area to determine how much interest exists for the project. Kelley asked whether staff is recommending approval of Mr. Gardiner's addition without the property having City sev/er. Gaffron replied that the property should have City sewer if the house is to be expanded. Gaffron stated that the applicant - 1 - ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1536-GARDINER CONTINUED preferred to have the Planning Commission's recommendation prior to incurring the expense for septic testing. Mr. Gardiner indicated that he v/ould be willing to his addition plans to make the situation more acceptable. revise Gaffron stated that it is questionable whether the existing septic system will adequately serve the existing residence for a long period of time. There were no comments from the Public and the Public Hearing was continued. Johnson asked whether it would be Hennepin County's decision as to how the alley property would be divided once the vacation occurs. Gaffron said that he had discussed that with a County Surveyor who indicated that normally they would split the property in half. Gaffron also spoke to the City Attorney who recommended that once the entire alley is vacated, the property owners and Hennepin County should determine how the property will be divided. Kelley suggested that since Mr. Gardiner's garage is located on the alley easement that the vacation be approved with the condition that all of the property be acquired by Mr. Gardiner. Hanson stated that it may be necessary to remove the garage. It was the consensus of the Planning Commission that Mr. Gardiner should attempt to obtain the petition from the remaining property owners abutting the alley. Mr. Gardiner should also ask the property owners to the west if they woul''’ agree to give him their half of the alley. With regard to the expansion of the house, the Planning Commission agreed that the property should either have a septic system meeting the current code, or sewer. Gaffron noted that a letter had been received indicating opposition to the City granting setback variances (see the letter from Julie Harren, 175 Landmark Drive, dated June 18, 1990). It was moved by Kelley, seconded by Moos, to table application #1536. Motion, Ayes-6, Nays-0. Motion carried. #1551 ROBERT WAADE 998 WILDHURST TRAIL PRELIMINARY SUBDIVISION PUBLIC HEARING 8:15 P.M. TO 8:20 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. - 2 - ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE 11551-WAADE CONTINUED Mr. and Mrs. Waade, and Bill Rudnicki, applicant's Consultant, v/ere present. Mabusth referred the Plannir , on.niission to a letter she had received from Mr. and Mrs. Ole O\^'uoe, 4450 Forest Lake Landing, dated June 18, 1990, expressing c..nce,.: for the wetland area on the Waade property. Mabusth noted that the wetland will be designated and that building envelopes must meet the standards of City's flood plain-wetlands regulations. She said that the building envelopes must have a minimum of one-half acre of dry, contiguous land. Mabusth informed the Planning Commission that there were several neighbors present this evening. She introduced Barbara Kosch, a representative for the neighborhood. Ms. Kosch stated that she is objecting to the road encroaching on her property, causing trees to be removed. She said that she does not object to the road, but would prefer that it be constructed further south. She said that is the general consensus of the neighbors. Kelley advised the IVaades that he consistently recommends denial of variances for new subdivisions. Kelley also stated that he would not approve the encroachment onto neighboring property owners. Ms. Kosch was confident that the issue of the road location would be resolved to everyone's satisfaction. She stated that the residents are concerned about how they will access the cul- de-sac from their private driveways. Kelley suggested that no further discussion take place until the issues referenced in staff's memo are addressed (see Jeanne Mabusth's memo dated June 13, 1990). It v/as moved by Kelley, seconded by Hanson, to hold the Public Hearing for application #1551 in abeyance until the issues noted by staff are addressed by the applicant. Motion, Ayes-6, Nays-0. Motion carried. #1465 GERALD MCCOURTNEY 1055 FERNDALE ROAD WEST VARIANCES REFERRAL BACK TO PLANNING COMMISSION Mr. and Mrs. McCourtney were present, contractor, Mr. Gerry Wenkus, was also present. The McCourtney's Gaffron showed the Planning Commission the areas of hardcover that currently exist and those areas that have been removed. Gaffron explained >.he McCourtney's revised proposal and noted that a revised survey has been submitted. The survey shows approximately 1% additional lot area and indicates that the house - 3 - ...mORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1465-MCCOURTNEY CONTINUED IS located closer to the road than previously shown. Gaffron reviewed a hardcover suitimary for the property (see Exhibit "B" of Gaffron's memo dated June 14, 1990). Gaffron noted that the applicant wishes to replace sidewalks and construct a terrace where the circular deck had existed. Gaffron stated that a portion of the circular deck v/as within the 0-75' setback zone. Kelley asked Mr. VJenkus if he agreed with the hardcover calculations provided by staff. Mr. Wenkus replied that the figure approved in 1987, 6,424 s.f. was incorrect in that the sidewalks were not included. He said that an additional 400 to 500 square feet should be added, bringing the total square feet to 6,924. Wenkus noted that the addition of the existing hardcover (5,968) plus 592 s.f. for the deck and 500 s.f. for sidewalks v/ould total approximately the same as the 6,924 figure approved in 1987. Kelley asked Gaffron if he agreed with Mr. Wenkus. Gaffron replied t.nat he believed Mr. Wenkus to be correct. He noted that the discrepancy may have resulted from the previous contractor including areas of hardcover that should have been removed, but were not. Mr. McCourtney explained that in addition to replacing the sidewalks and constructing a terrace, he would also like to construct a circular drive that would add 532 s.f. of hardcover. He noted that the hardcover existing in the right-of-way would be removed to offset the driveway hardcover. Mr. V^enkus clarified that there would be a net increase in grass area of 500 s.f. if the turn-around is approved. He said that all but two feet of gravel shoulder would be removed and sod would be placed in that area. Mr. Wenkus stated that the turn around drive was being proposed with safety in mind. He said that the Public Works Director had indicated that the turn around would provide a safer situation for parking and access. Kelley asked Mr. McCourtney whether it was always his intention to have a circular drive on the property. Mr. McCourtney replied that the circular drive was an after thought. Hanson indicated that he would be inclined to vote favorably for the sidewalk and terrace, but due to the amount of hardcover existing on this property, he would only approve the circular drive as long as 6,900 s.f. of hardcover is not exceeded. Johnson concurred with Hanson. He said that he would not - 4 - ORONO PLANNING COMMISSION MELTING HELD JUNE 18, 1990 ZONING FILE #1465-MCCOURTNEY CONTINUED consider exchanging right-of-way for driveway and noted that sod placed so closely to the street may not withstand the wear and tear caused by snow plowing. Kelley indicated that he too agreed v;ith Hanson and Johnson. He said that the size of the house and the existing hardcover were such that he could not approve the circular drive. Cohen advised Mr. McCourtney that the hardcover on the property is already substantial and that he would not approve an increase beyond what exists. Mr. McCourtney stated that the problems that he has encountered stem from the fact that the City's records and his architect's records were wrong. Johnson asked Mr. McCourtney why restoration of the swale area has not occurred. Mr. Wenkus stated that the restoration has been delayed, pending the outcome of the application presently before the Planning Cor .aission. It was moved by Cohen, seconded by Hanson, to recommend that hardcover remain at the same percentage approved in Resolution #2279, as corrected as stated by Mr. Wenkus and Mike Gaffron. Cohen included in his motion that the approximate 6,900 s.f. shall include the terrace which can be constructed in the 0-75' zone, replacing a circular deck. Hanson agreed. Motion, Ayes-6.. Mays-0, Motion carried. #1512 STEVEN RUCE 4625 WEST BRANCH ROAD AFTER-THE-FACT CONDITIONAL USE PERMIT CONTINUATION OF PUBLIC HEARING 7:39 P.M. TO 7:45 P.M. Mr. Ruce was present. Mabusth reviewed her memo dated June 12, 1990 regarding this application. She noted that in response to the Planning Commission's request, staff gave further consideration to controls that could be placed on the home occupation to minimize impact on use of residential yard areas. She stated that staff is recommending that the employees park their personal vehicles in the garage and storage shed on Mr. Ruce's property. Cohen stated that contrary to staff’s beliefs, Mr. Ruce's employees do work on the site. He said that they load and unload the trucks with the plant materials needed for projects. Mabusth noted that in the May review of the application. Planning Commission was well aware of this fact. They tabled the - 5 - ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1512-RUCE CONTINUED application and specifically asked staff to draft appropriate controls for the obvious variance. Mr. Ruce stated that the employees do load the trucks and occasionally remove plants from the garden. He said that the employees are not on the premises for more than 45 minutes. Cohen asked how many people Mr. Ruce currently employs. Mabusth replied that Mr. Ruce has three employees. Kelley asked Mr. Ruce what he is currently storing in the garages on the property. He noted that he had driven by the property recently and had seen vehicles parked outside of the garages. Kelley believed that Mr. Ruce's business constituted an intensification and a conflict with the intent of the Home Occupation Ordinance. Kelley stated that he objected to the employees coming to the site to obtain their vehicles. He said that he would prefer to have the vehicles stored in a structure off-site. Johnson asked v;hether the City would review Mr. Ruce' s business on an annual basis. Mabusth replied that the Home Occupation Ordinance requires an annual review prior to lic€!nsing. She noted that a conditional use permit does not require an annual review. Johnson noted that the neighbors were very supportive of Mr. Ruce's business and that he toe would support Mr. Ruce's application. Kelley asked Mabusth to briefly review the information relating to the greenhouse addition to the rear of the garage. Mabusth noted that the greenhouse had been constructed without a building permit and that it constituted another intensification of the commercial use of this property. Mr. Ruce noted that neither of the greenhouses are heated or cooled and are used only for staged plant storage during the spring and fall. He said that the greenhouses are used approximately 6 weeks a year. Mabusth noted that there is another greenhouse on the property, for which Mr. Ruce sought and obtained proper approval. She recollected that Council had agreed that the greenhouse was a minimal addition to the property and suggested refunding Mr. Ruce's application fee. - 6 - ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1512-RUCE CONTINUED There were no further comments regarding this matter than those expressed by neighbors at the May 21, 1990 Planning Commission meeting. Kelley closed the Public Hearing. Cohen stated that on the one hand, there have been no complaints and the neighbors support Mr. Ruce. However, it is apparent that the business is expanding and that poses a problem because the business is occurring in a residential area. Moos concurred with Cohen. Hanson asked Mr. Ruce if in fact his business is expanding. Mr. Ruce stated that he does not intend to expand the business beyond its present status. Hanson stated that he would be concerned if just one neighbor had objected to the business, however, that is not the case. He did not believe it would be practical to have the vehicles stored off of the property. It was moved by Hanson, seconded by Johnson, to recommend approval of the Conditional Use Permit and Home Occupation variance, including approval of the greenhouse addition to the rear of the garage, subject to staff conditions 1 through 6. Motion, Ayes-4, Kelley, Cohen, Nay. Motion carried. #1527 LYNDON S. (BILL) STUBBS 2555 FOX STREET VARIANCE CONTINUATION OF PUBLIC HEARING 7:55 P.M. TO 8:12 P.M. Mr. Stubbs was present for this matter. Mabusth provided information that had been prepared since the Hay 21, 1990 Public Hearing (see Jeanne Mabusth's memo dated June 13, 1990). Mabusth asked Planning Commission for their response to the development controls staff is recommending fcr this lot. Kelley did not believe that the controls would adequately limit the size of a structure that could be built on the property. Kelley asked Mabusth for the size of the building envelope. Mabusth estimated it to be 1/3 to 1/2 of an acre. She asked Mr. Gronberg if he would approximate the size. Kelley suggested using the new Lot Coverage Ordinance to restrict the structure size within the building envelope. Kelley reconsidered and suggested applying the Lot Coverage Ordinance to the area east of the drainageway. - 7 - ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1527-STUBBS CONTINUED Mabusth asked Mr. Gronberg if he could determine the total area east of the drainageway and then calculate how much 15% of that area will be. Moos stated that she would not be in favor of the variance because it will be difficult to sufficiently limit the development of the property. Cohen, Bellows and Kelley did not believe this property should be developed. Johnson asked whether it would be possible to install a pipe to facilitate drainage rather than having the existing drainageway. Mabusth stated that a pipe posed more problems for maintenance. Mabusth said that at one point staff had considered realigning the drainageway and asked Gaffron if he could elaborate. Gaffron stated that due to the amount of runoff, a pipe would not be as practical as a swale. He said that staff did recommend channelizing the drainageway. Hanson stated that the lot does meet the standards required to be classified as a buildable lot. Hanson questioned whether it is currently accurate to state that 600 gallons of water per day and four bedrooms are one and the same. He suggested that the City may wish to further examine that issue. Hanson also suggested monitoring the amount of water usage with a meter as staff recommended. Kelley and Cohen disagreed with the use of a meter because of a lack of an appropriate penalty should usage exceed 600 gallons. Gronberg reported that the area east of the drainageway is 3/4 of an acre, 15% of which would allow a 4,900 s.f. footprint. Mr. Stubbs noted that the zoning for this parcel at the time he purchased it was one acre. Mabusth recollected that area variances have been approved on the basis that zoning for a given area changed subsequent to the property being purchased and that septic testing confirmed adequate and suitable area for principal and alternate on site sewage disposal systems. In this case, the septic capabilities limit the future residence to four bedrooms or 600 gallons/day use level, Hanson noted that septic testing has indicated that gravel, - 8 - ORONO PLANNING COMMISSION MEETING HELD JUNE 18. 1990 ZONING FILE 11527-STUBBS CONTINUED the most suitable condition for a trench system, exists. Kelley stated that he would like to have the wetland preserved for eternity. Mabusth stated that the City would take a flowage and conservation easement over the wetland for the purpose of preservation. There were no comments from the public regarding this application an the Public Hearing was closed. It was moved by Johnson, seconded by Cohen, to recommend approval of the lot area variance, subject to staff recommendations 1 through 6 and that the Lot Coverage Ordinance be used to limit the development of the property and that it be based on the dry buildable area of 1.40 acres. Kelley asked Johnson if he would include the flowage and conservation easement over the wetlands. Johnson agreed, Cohen seconded. Motion, Johnson, Aye, Nays-4, Hanson abstained, due to his interest in the property. Motion failed. to recommend Lot Coverage drainageway. to 3 bedrooms usage. The prior to the Kelley, Aye, It was moved by Kelley, seconded by Cohen, approval of the lot area variance subject to the Ordinance being used based on the area east of the It is further recommended that the house be limited and that there be no meters used to monitor water hardship is that Mr. Stubbs purchased the property property being zoned as a two-acre parcel. Motion, Nays-4, Hanson abstained. Motion failed. It was moved by Cohen, seconded by Bellows, to recommend denial of the lot area variance. Motion, Ayes-4, Johnson, Nay, Hanson abstained. iMotion carried. #1532 FULLERTON PROPERTIES, INC. 2225 6TH AVENUE NORTH PRELIMINARY SUBDIVISION CONTINUATION OF PUBLIC HEARING 8:22 P.M. TO 8:27 P.M. Mr. Joe Franks, Developer, Mr. Mark Gronberg, Surveyor, and Mr. Tom Haislet. Realtor, were present. Mr. Jim Cox, an owner of property involved in this subdivision, was also present. Mabusth referred the Planning Commission to her memo dated June 13, 1990, for updated information regarding the issues of this subdivision. Mabusth asked the Planning Commission for their opinion of granting a blanket conditional use permit for accessory structures on the four through lots of the plat. The Planning Commission had a divided opinion as to v/hether or not to grant a blanket conditional use permit. - 9 - ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1532-FULLER". PfvOPERTIES CONTINUED There were no addit, li corriments from the public regarding this matter and the Public hearing was closed. It was moved by Kelley, seconded by Bellows, to recommend approval of the Preliminary Subdivision, with the condition that the owners of lots 1, 2, 4 and 5, must individually come before the Planning Commission for a Conditional Use Permit for an accessory structure. Motion, Ayes-3, Cohen, Johnson and Hanson, Nay. Motion failed. It v/as moved by Kelley, seconded by Cohen, to recommend approval of the Preliminary Subdivision for Fullerton Properties, excluding the issue of the accessory structures. Motion, Ayes-6, Nays-0. Motion carried. It was moved by Kelley, seconded by Bellows, to have separate Conditional Use Permit application reviewed by the Planning Commission for accessory structures on lots 1, 2, 4 and 5. Motion, Ayes-3. Hanson, Johnson and Cohen, Nay. Motion failed. #1537 CALVIN PRESBYTERIAN CHURCH 177 GLENDALE DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 8:29 P.M. TO 8:30 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Ms. Joyce Anderson, a representative for Calvin Presbyterian Church, was present. There were no comments from the public regarding this application and the Public Hearing v/as closed. It was moved by Cohen, seconded by Moos, to recommend approval of the Conditional Use Permit for Calvin Presbyterian Church to construct a shed. Motion, Ayes-6, Nays-0. Motion carried. #1538 LAUREN BORN 1432 SHORELINE DRIVE VARIANCES PUBLIC HEARING 8:39 T.M. TO 8:43 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Lauren Born was present. Mabusth reviewed her memo dated June 13, 1990, v/hich provides information regarding the previous and present zoning applications for this property. - 10 - ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1538-BORN CONTINUED There were no comments from the public regarding this application and the Public Hearing was closed. Hanson asked Mr. Born if he v/ouid consider constructing a grade level patio in lieu of the deck. Mabusth noted that a grade level patio would also be included in hardcover calculations. It was moved by Hanson, seconded by Johnson, to recommend approval of the hardcover variances for Lauren Born to construct a 10' X 12' deck with an adjacent stairway, subject to approval by staff. Hanson stated that the hardcover for the stairway is a mute issue because stairs must be provided. Hanson stated age as the hardship for the variance approval. Motion, Ayes-2, Nays-4. Motion failed. It was moved by Kelley, seconded by Hanson, to recommend approval of a stairway from the main floor to ground level. Motion, Ayes-5, Johnson, Nay. Motion carried. Johnson noted that there is currently a significant amount of disturbed soil on the property. Bellows concurred, adding that there is evidence that silt is seeping into the lake. #1539 DAVID FILKINS 3905 SHORELINE DRIVE VARIANCES PUBLIC HEARING 8:45 P.M. TO 9:00 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Filkins was present. Cohen removed application. himself from the discussion this Gaffron explained the reason Mr. Filkins is requesting setback variances to relocate his garage (see Michael Saffron's memo dated June 13, 1990). Gaffron shov;ed the Planning Commission the options available for locating the garage on the property. Kelley asked Mr. Filkins which option he preferred. Mr. Filkins stated that he would prefer to have the garage detached. Kelley noted that if the garage is not attached, a variance would be required to allow the garage to be nearer to the house than 10 feet. Kelley asked Gaffron why mo; • r..>rdcover could not be removed from the lake side of the house. - 11 - ORONO PLANNING COtlMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1539-FILKINS CONTINUED Gaffron noted that a portion of the hardcover shown is a sea wall that is providing erosion control. Johnson asked Mr. Filkins if the County had acquired the additional right-of-way subsequent to the garage being constructed. Mr. Filkins stated that the garage was constructed prior to the additional right-of-way being taken. Gaffron stated that chere is uncertainty as to the sequence of events. He said that the survey does not provide any information confirming v^hen the current right-of-way v/as established. Kelley indicated that he would prefer to have the garage attached to the house to provide maximum distance between rir. Filkins and the neighboring property. Kelley also stated that he would request that as much hardcover as possible be removed from the lake side of the house. Bellows questioned whether it would be possible to relocate the curb cut. Gaffron stated that relocation of the curb cut would be possible. There were no comments from the public regarding this matter and the Public Hearing was closed. It was moved by Hanson, seconded by Kelley, to recommend approval of the side setback variance according to applicant's plan #1. Kelley clarified that the approval recommends that the curb cut be left as is, the garage is to be attached to the right side of the house. He added that hardcover on the lake side of the house and in the northeast corner should be removed to achieve a net reduction in hardcover from 53% to 46%. Motion, Ayes-4, Johnson, Nay, Cohen, abstained. Motion carried. Johnson stated that because the lot is small, any improvements constitute an intensification of the property which he cannot support. #1540 JULIENNE ft RONALD PRINEAS 1980 HERITAGE DRIVE RSNEVJAL VARIANCE PUBLIC HEARING 9:01 P.M. TO 9:02 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Ms. Chris Larsen, 1505 Holdridge Lane, L’ayzata, was present on behalf of the applicants. - 12 - ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1540-PRINEAS CONTINUED There were no coinments from the public application and the Public Hearing was closed. regarding this It was moved by Cohen, seconded by Moos, to recommend approval of the renewal of the lot width variance, subject to the conditions outlined in Resolution #265' . Motion, Ayes-6, Nays-0. Motion carried. #1541 DR. ROBY & JANE THOMPSON 1520 TANGLEXiOOD ROAD VARIANCE PUBLIC HEARING 9:02 P.M. TO 9:04 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Ms. Jane Thompson was present for this Public Hearing. Kelley asked whether anyone is currently living in tne house. Gaffron revie\/ed the information pertaining to this application (see Michael Gaffron's memo dated June 11, 1990). There were no comments from the public regarding this application and the Public Hearing was closed. It was moved by Johnson, seconded by Moos, to recommend approval of the rear setback variance to construct additions to an existing residence. Johnson stated that he believed the proposed setback meets the intent of the original variance granting a 20' setback. Motion, Ayes-6, Nays-0. Motion carried. #1543 RICHARD C. REED 1000 OLD LONG LAKE ROAD VARIANCES PUBLIC HEARING 9:04 P.M. TO 9:05 P.M. The Affidavit of Publication and Certificate of Mailing v/ere duly noted. Mr. Reed v/as present. Mabusth reviewed the information set forth in her memo dated June 14, 1990. Mabusth noted that Old Long Lake Road, which intersects 10' of this property, does not exist as a platted road. She. stated that the Public Works Director has asked that a minimum setback of 10' be maintained from the traveled road. Hanson questioned whether Long Lake Road should be platted at some future date. Mabusth stated that she was uncertain as to how platting - 13 - ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE 11543-REED CONTINUED would impact the registered property. Kelley indicated that he has consistently recoirjnended denial of entrance monuments. There were no comments from the public regarding this application, and the Public Hearing was closed. It was moved by Johnson, seconded by Hanson, to recommend approval of the height variance for monuments in excess of 3.5 feet. Kelley noted that a fence is also being installed between the monuments. Motion, Ayes-3, Kelley, Cohen, Moos, Nay. Motion failed. #1544 ROGER & BECKY BERRY 1392 D*^r.DUR PARK ROAD REHEWAl. CONDITIONAL USE PERMIT/VARIANCES PUBLIC /JIING 9:07 P.M. TO 9:08 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Roger Berry was present. There were no comments from the public regarding this application, and the Public Hearing was closed. It was moved by Hanson, seconded by , to recommend approval of renewing the variances and conditional use permit, per the conditions set forth in Resolution #2587. Motion, Ayes-6, Nays-0. Motion carried. #1545 DAIN & JANET RODHELL 258 CYGNET PLACE VARIANCES PUBLIC HEARING 8:38 P.M. TO 8:39 P.M. It was moved by Kelley, seconded by Cohen, to table application #1545 as requested by the applicants. Motion, Ayes-6, Nays-0. Motion carried, #1546 SCOTT ft SARAH PROCHNOW 4075 .. CmiOOD ROAD RENEWAL VARIANCES PUBLIC HEARING 9:08 P.M. TO 9:09 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Prochnow was present. There were no comments from the public regarding this matter and the Public Hearing was closed. - 14 - ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990ZONING FILE #1546-PROCHNOW CONTINUED It was moved by Cohen, seconded by Hanson, to recommend approval to renew the hardcover variance per the conditions set forth in Resolution #1991. Motion, Ayes-6, Nays-0. Motion carried. #1547 METROPOLITAN V^ASTE CONTROL COMMISSION INTERSECTION OF WEST FERNDALE ROAD & SHORELINE DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 9:09 P.M. TO 9:10 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. A representative Commission was present. for the Metropolitan Waste Control There were no comments from the public regarding this matter and the Public Hearing was closed. It was moved Cohen, seconded by Moos, to recommend approval of the Conditional Use Permit required for construction of an underground vault. Motion, Ayes-6, Nays-0. Motion carried. #1548 JULIA S. JENSEN 2700 ETHEL AVENUE VARIANCES PUBLIC HEARING 9:10 P.M. TO 9:14 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mrs. Jensen v/as present. Gaffron explained the applicant's proposal (see Gaffron's memo dated June 13, 1990). Kelley asked Gaff: n what the ramifications of vacating the alley \/ould be. Gaffron believed that a water line exists within the alley and therefore the City must maintain a utility easement. One of Mrs. Jensen's neighbors presented Acknowledgments from several adjacent property owners. Tne neighbor stated that he and the other neighbors supported Mrs. Jensen's proposal. There \/ere no additional comments from the public and the Public Hearing was closed. Hanson noted that a front yard setback v;ould be required even if the applicant were not proposing the cantilevered design. Hanson suggested addressing the concerns noted by staff regarding height of the structure. - 15 - ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1548>JENSEN CONTINUED Ga^ -n stated that the depth of the house foundation belov/ grade ho^ not been determined. He said the allowed height of the structure v/ill be based on the percentage of foundation that is exposed above ground. Kelley asked Gaffron whether he v/ould recommend tabling this item. Gaffron replied that the height issue would be addressed with the building permit process. Gaffron said that he wanted the applicant to be aware that it may be necessary to apply for a height variance. Kelley stated that the applicants would either have to come back to the Planning Commission for a height variance or re-design the addition. Gaffron informed the applicant that it will be necessary for her to obtain the peak elevations of the addition from her architect. It was moved by Hanson, seconded by Johnson, to recommend approval of the front and side setback variances required to construct an addition. The hardship for the variance is the existing alley and the location of the house on the property. Johnson asked whether the Planning Commission could suggest that the alley vacation be explored. Gaffron stated that the neighbors would have to submit a petition and apply to the City for the vacation. Hanson amended his motion to include a recommendation that the alley be vacated. Johnson, seconded. Motion, Ayes-6, Nays-0. Motion carried. #1549 & #1550 ROD CRAWFORD 4705 NORTH SHORE DRIVE CONDITIONAL USE PERMIT/VARIANCES PUBLIC HEARING 9:20 P.M. to 9:30 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Crav/ford was present Builders/Architects. as v/as Mr. and Mrs. Sch\/art2, his Mabusth explained Mr. Crawford's pxoposal (see Jeanne Mabusth's memo dated June 15, 1990). Mabusth showed the Planning Commission the areas where hardcover is proposed to be added and removed. Kelley asked Mr. Crawford how he intends to control the drainage around the house if the plastic is removed. Kelley noted that due to the steep slope, it would be difficult to prevent any material placed in that area from washing away. - 16 - ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1549 ft 1550-CRAWFORD CONTINUED Mr. Schwartz replied that rock or facilitate drainage. wood chips would Mrs. Schwartz indicated that in her opinion, plastic ground cover created more drainage problems. She stated that if proper grading is done around the house, there should be no problem. Kelley suggested allov/ing the hardcover percentage within the 75-250' setback area to remain as is. Bellows noted that the landscape plan may create an increase in hardcover. Mr. Schwartz stated that the landscaping plan is mainly for the purpose of shov/ing what hardcover is to be removed. Mabusth noted that the applicant has received approval from Hennepin County to relocate the curb cut to a safer location. She said that as a result, a conditional use permit is required because of the fill that must be brought in. Mabusth explained the recommendations of the City Engineer regarding the slope and fencing requirements. Kelley asked whether a grading plan has been submitted. Mabusth stated that she did receive a grading plan, hov/ever, staff is recommend:* ng the amendments set forth in her memo. Bellows stated that a grading and landscape plan should be submitted with the building permit application and that they correspond with the City Engineer's recommendations. There v;ere no comments from the public regarding these applications and the Public Hearing was closed. It was moved by Kelley, seconded by Cohen, to recommend approval of the hardcover, and lakeshore setback variances requested in application #1549 with the follov/ing conditions; The hardcover in the 0-75' setback zone be reduced to 3.4%, and hardcover in the 75-250' area is not to exceed 25%. Approval is also recommended for the conditional use permit, conditioned upon the receipt of landscape and grading plans from the applicant prior to construction. The findings in this application are the topography of the land and the sight lines. Motion, Ayes-5, Nays-0, Johnson aostained. Motion carried. - 17 - ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 #1552 STEVEN & RENEE FOSTER 1800 SHADYV700D ROAD VARIANCES PUBLIC HEARING 9:32 P.M. TO 9:37 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Foster was present for this Public Hearing. Gaffron reviewed the information contained in his memo dated June 13, 1990, pertaining this application. Mr. Foster informed the Planning Commission that he is not intending to proceed with the front walk addition, which would reduce the proposed hardcover by 81 s.f. or 1%. There v/ere no comments from the public regarding this matter and the Public Hearing was closed. It was moved by Hanson, seconded by Cohen, to recommend denial of the variances requested in application #1552. tiotion, Ayes-6, Nays-0. Motion carried. Mr. Foster asked whether the Planning Commission would approve a revised plan. Gaffron asked v/hether the application would be looked upon more favorably if all of the improvements were constructed under the existing deck. Kelley indicated that he would not approve an increase of hardcover for this property. Hanson stated that he objected to creating a walkout situation in this case, which would result in drainage problems. #1533 RICHARD & JULIE MARKLUND 3415 HIGH LANE SKETCH PLAN REVIEV7 •nra-LOT SUBDIVISION Mr. and Mrs. Marklund were present. Kelley stated that from his observations of the property, a great deal of excavation v/ould be required to create an access to the property. Kelley suggested that it may be cost prohibitive to do so because the cost of excavation may be raore than the selling price of the newly created lot. Mr. Marklund stated that he had discussed \;ith staff the option of extending a private road from the existing cul-de-sac at the end of Christine Drive. Kelley stated that though the f'arklund's have the right to use Outlot A, it is questionable whether the City \;ould allow that without Outlot A being developed. With regard to possible septic locations, Mr. stated that he and Steve Schirmers walked the property. - 18 - Marklund He said ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1533-MARKLUND CONTINUED that without performing soil testing, Mr. Schirmers estimated that two sites may exist. Gaffron noted that the present drainage pattern may interfere with one of the building sites. Kelley indicated that extending the outlet would reduce the existing lot to less than an acre. He said that he would not be in favor of that. Mr. Marklund stated that he has discussed a lot line rearrangement with Mr. Almond Kreb that would provide additional area for Lot 1. Hanson asked how access to lot 2 \/ould occur. Kelley stated that it would be necessary to have lot 1 provide a private easeraent to lot 2. Hanson indicated that he would object to such a road configuration. Hanson indicated that he would prefer to see an outlot extending to the west of lot 1. Johnson asked whether staff has considered a road network that v/ould provide access to the Ducharme and Graham property. Ms. Marklund replied that the Ducharme property can achieive access from either High Lane or Watertown Road. Gaffron sketched a road that would be the most practical configuration for connecting the properties in the area. Kelley stated that in his opinion, it would be most practical to locate an oi;-lot along the west side of the property. Kelley noted that iae subdivision may be possible, but that there are several major issues that must be addressed. APPROVAL OF MINUTES-MAY 21, 1990 PLANNING COflMISSION MEETING It was moved by Cohen, seconded by Kelley, to approve the minutes from the May 21, 1990 Planning Commission Meeting. Motion, Ayes-6, Nays-0. Motion carried. • PLANNING COMMISSION REPRESENTATIVE It was agreed the Jeff Johnson would attend the July 9, 1990 Council Meeting as a Planning Commission Representative. ADJOURNMENT It was moved by Kelley, seconded by Cohen, to adjourn the June 18, 1990 Planning Commission Meeting. Motion, Ayes-6, Nays- 0. Motion carried and at 9:50 p.m., the meeting adjourned. - 19 - ■*1 association ofmetropolitanmunicipalities ■JUL 2 1990 June 29, 1990 Mr. Mark Bernhardson City Administrator Box 66 Crystal Bay, MN. 55323 Dear Ma : We want to know what you think, and in order to provide you the direct opportunity to share your input with the AMM Board and staff you are invited to a breakfast meeting on Wednesday, July 18th. at 7:30 A.M. We will be meeting at T. Wrights, 3310 So. Highway 101, Minnetonka, Minnesota. (NW quadrant of Hwy. 101 and Minnetonka Blvd. (Hen. Co. 5) about 2 1/2 miles west of 1-494) This "get-together”, one in a series of area meetings sponsored by the Association of Metropolitan Municipalities (AMM), has several purposes: 1. To provide you with the means to help establish the yearly AMM agenda and work program. Legislative issues raised at this meeting will be forwarded to the appropriate policy committees. 2. To appraise you of major upcoming program and issue priorities as seen by the Board and Staff. 3. To discuss and receive your input with respect to the AMM Mission and Services Task Force Report recommendations which were released at the Annual Meeting and previously mailed to each member city. We expect this to be a very informal gathering with lots of give and take and hope you will attend and share your ideas with us. Please extend this invitation to members of your City Council as well. 183 university avenue east. st. paul, minnesola 55101 (612) 227-4008 This invitation is being sent directly to Mayors, Managers/Administrators and the designated Legislative Contact person for your city. All reservations must be made with Carol Willieuns at 227-4008 by Monday noon July 16, 1990. Most Sincerely, KttAtVN Larry Bakken, AMM President Golden Valley Councilmember Karen Anderson, AMM Boardmember Minnetonka Councilmember Tom Spies, AMM Boardmember Bloomington Councilmember I CITY OF ORONa CITYof ORONO Post Ofrice Box 66* Crystal Bay. Minnesota 55323 • Municipal Office* On the North Shore of Lake Minnetonka June 28, 1990 Mr. Gary Printup P.O. Box 104 Crystal Bay, MN 55323 Re: West Hennepin Human Services Board Appointment Dear Mr. Printup, On behalf of the Orono City Council, I am pleased to inform you of your appointment to the West Hennepin Human Services Board. This action was taken at the June 25, 1990 Council meeting. As the City of Orono’s representative we look forward to your regular attendance at these meetings and that on a semiannual basis you will report back to the Council as to progress that the Board has been making. As you are aware, LaDean McWilliams is the other Orono representative on the Board. Should you have any further questions or comments, please feel free to contact me. Sincerely, City Council West Hennepin Human Services Planning Board LaDean McWilliams BLILOING & ZONING - 473-7357 ASSISSING ADMINISTR-VriON A UNANCK - 473-7358 FAX -473-4>5IO PI BLIt WORKS - 473-7359 i ® I CITY §ORONO CITYofORONO Post Office Box 66«Cry9taI Bay. Minnesota 55323*Municipal Offices On the North Shore of Lake Minnetonka July 3, 1990 Ann Larsen Executive Director Art Center of Minnesota 2240 North Shore Drive Wayzata, MN 55391 Subject: Request for Fu .^ling - Art Center of Minnesota Dear Ann, "he City Council, at its June 25, 1990 Council meeting directed that the Art Center's requests for funding be considered in the budget framework for 1991 and that if they chose to fund any money to the Art Center for '91, they then would consider the '90 request. Our budget process occurs in the late summer and fall of this year. (I anticipate that you received a copy of our June 14th memo regarding the funding request by the Art Center.) It would be helpful, that in addition to the information you have submitted, if you have any more definititive plan objectives or financial information, such would be helpful. ik E. Bernhardson City Administrator MEB/dh cc: Mayor and City Council BUILDING & ZONING - 473-7357 ASSESSING ADMINISTRATION A RNANCE - 473-735H FAX-473-0510 PUBLIC WORKS - 473-7359 Interoffice Memo Date: To: June 29, 1990 Orono City Council City Administrator Mark Bernhardson From: Re: Police Chief Melvin Kilbo Injured Dog report On June 22, 199(3 at approx. 9:58 am, a call came in to the police administrative office. The caller indicated her dog had been hit by a car and felt the dog was suffering terribly. She asked assistance in putting the family dog out of its pain. Carol Hansing, Police Secretary, had answered this phone call, and felt because of the potential need for a regular officer to dispatch" the dog, she gave the call to Officer Cornick, rather than our Community Service Officer. Officer Cornick arrived on the scene shortly and upon finding the dog, he did not .simply shoot the injured animal, but administered what first aid he was able, and transported the dog, with the assistance of CSO, to the Long Lake Vet Clinic. Officer Cornick performed "above and beyond" in this situation. The owner of the dog did not expect the officer to handle the dog in this fashion, and expressed gratitude for the care and support he gave to the family and to the family dog. (see copy of thank you card attached) It should be noted that on several occasions, Officer James Cornick has performed other acts of kindness dealing with wild and domestic animals. As you know, Officer Cornick is the Orono Police Department D.A.R.E. officer and also is "Officer Friendly". L ORONO POLICE DEPARTMENT U£SS. KEY CONTBOL (OCA)CCNT AGEVCY N'ClC CENT (CiGI fl , cVri / , I / I M , N I 0 , 2 , 7 I /, / isaa . DATE REPORTED (KPO) TIM€BPD(TRPI LOCATION GBWO N9B (LGM> Q] / \0.if l?^,a.irzn / I f I S', /OT^\II place COWUinED (Pici cry AP ^ LNBfl MTO SQUAD Ofl BADGE •(SBN) TIME ASIG (TASI TiMEAtW. 1TAB> iiwt llm ticu l;[Oi‘T ,s-y [/I /,Q ,0 ,c |/l i,o , <"r I / TIME CLP tTCl> •,NM tSN UOC UCS rri/i?57l/i ,<7, .p,/Oi.-?l/l3i f.SH ISW UOC UCS Tl/I I l;l I I I I I/I 1 OFFICES S2/ ASST CFF6NSE u 3B WTlAl COMPIAWT ^ //UJu/H^ 6c^ Co pqiNCtPAi ccoE SUSPECT SL'S VICTIM VC report party RP AOMIN ADM offender OFF other OTH MRDCodw P - Piwe R- PiM A - Alarm l-mP«fSon V-ViSiiAl w - w T -0^»t IC uo ARREST•CITATIOH C WARNf. address NAME (lAST.F.fiST, MIDDLE) _______ 1305 Sfx 4 I !«) NAME ILAST. FIRST. MIOOLE) ADDRESS :>Ti PM I .V) •M ,St _____________ OTHER REPORTS if^CLLDEO 70^ inrpcuftd .. Prr3 in»erlo-y 7 i ' ir-p. ej Coniem I A-c^«ni R«y?n l! ___ tnHij«fw:e P?port 7 PN:ic» ‘7 Tjgs Z Comm V*h R«c.l 7 O-fAes-i 7 *W/£ (LAST. FIRST MJOOLEI Rc« Caa! address CITY FH iW| PM,P) /\p (,h'7 . /rjLV^.U^f? TD 0(0< K> I l/if c/f^^c , /Qu: ,/9.i.7icr. /u 7 .:wM _______________ Qti fJtiir/Ari— ' /w \£ 1 '-“'e vcTp '•*-« w *•^^0 COPYTO: Q3]0 0[^ CO AHNY. 0 CITY AHNY 2 COURT Z WP CONS 3 OirxR, CiSPOSITtON; Unfounded ✓ \ Cleaied By Arrest Hel. Other Agency Inaciive Other 62990.2 Mayor and City Council Mark E. Bernhards'^n, City Administratol^^*^ July 5, 1990 SUBJECT; Lake Use Management Attachment: TO: FROM; DATE: A. Memo on 25 year Plan Dated 7/5/90 B. City of Sho»-ewood Letter Dated 6/27/90 ISSUE - Apprise Council of the date of review of Orono's comments together with consulant responses by LMCD Advisory Board. INTRODUCTION - LMCD's Advisory Board met on June 28th to begin review of comments of the cities. During that review they covered comments from Wayzata and Woodland. The Advisory Board has set a meeting for; WEDNESDAY, JULY 11, 1990 at 7;00 P.M. TONKA BAY CITY HALL (The consultant's written comments will not be available until the meeting.) DISCUSSION - It is important that a document that is intended to be the 25 Year Management Plan be abundantly clear within its own bounds as to the intent of the plan. It can not rely on what discussions were in the past as the consultant and the participants in the process may not be available or utilitzed in policy and potential legal discussions of the plan "down the pike". If a reading by someone, whether they were involved in the development process, or not, leads to substantial questions, these need to be clarified in the document. At the June 28th meeting the consultant indicated that participation in the process would have eliminated many questions of the cities. Based however, on some comments at that meeting there is still questions on issues the City raisec. with the "intent of the Plan" as stated by the consultant noc always apparent in reading the plan . It has been my impression that the major thrust of Orono's concern is not to absolutely prevent any growth in use but in fact is to have the LMCD take care of the "unsafe conditions" at the peak times and once that is appropriately handled LMCD can then go on to regulate growth in times that are currently not a problem. RECOMMENDATION - It is recommended thut after Council accept the information to date. I will be attending that meeting. PROPOSED MOTION - Moved by Seconded by that Council accept the information as presented. Ayes Nays _, cc; JoEllen Hurr, Orono LMCD Representative Eugene Strommen, LMCD Executive Director J B/JllF 62990.3 TO: jr and City Ccuncil FROM: Mark E. Bernhardson, City Administrator DATE: July 5, 1990 SUBJECT: Additional Comments Regarding LMCD Public Review Draft INTRODUCTION - The City feels that its previous comments remain appropriate to the plan and that they should be addressed by the Committee and in the document. Additional comments include the following areas: Clarity of Plan - The plan and its intent must be clear and unambiguous on its face. It should not be a plan that requires participation in the process in order to understand or one that leads to multiple interpretations. The consultant may feel that the background of the work sessions and previous drafts would lend clarification to that. A plan however that is going to exist for even 10-11 years, long past the corporate recollection and memory of those who developed it, must be clear to the "unintiated reader". If it is not, it can have substantially different interpretations. One of those ambiguities not abundantly clear in the plan and raised by several of the cities both at this review stage and at the previous review stage, entailed the LMCD's review and comment "authority". It was news to many of us, including people who had been participants in the plan, that the review and comment authority was strictly a voluntary undertaking which each city could choose to undertake or reject. While a reading of the plan with that information can lead one to that conclusion, it was not abundantly clear from the plan. LMCD Authority - While the City may have previously raised the issue of the authority of LMCD to plan, its written support and LMCD's authority in its public comments. It may still however, challenge the appropriateness of implementing some of those objectives. Metro Counci1 Authority and Plan Rev iew - While the consultant may dismiss this as irrelevant, this issue is very central to the plan review process and authority of LMC:>. (I do not feel that the statute cite given in the plan correctly gives Metro Council authority in the matter. It may, in fact, have authority but such would be under 473.16*1 ■ This issue is key for the City and should be for D, not only as it rei-ites to the present review Ian and what changes Metro Council can require be tn the plan, but also future changes in the plan an*- c changes by LMCD would be subject to Metro Council's further review. (The thru*^’- of the City's comments in discussing submission of this document to Metro Council was referring to the "final review submission" by Metro Council not the informational submission back in April.) To illustrate the City's point on clarity of authority there was still confusion on this point as to the exact role Metro Council had in its review at the Advisory Committee, June 28th meeting, when it was not clear by the consultant as to what effect Metro Council and its review would have. Thrust of Pl.^ - The basic tenant of the plan is to develop means of increased regulation as the density increases. The plan however, did not address the following: Basis for Determining Density - The plan does not specifically outline methology used as the basis for determining the density which is central to triggery the reviews. Issues include whether it is: a.) peak density or "average" peak, b.) total acres or "useable" acres, c.) how surveys are done (weekdays, weekends, nights, morning, afternoons, type of weather etc.) Once the consultant is no longer with LMCD does LMCD know how it will be determined. (Page 50 cites the busiest day 2,256 active boats 6.2 density - useable is 5.2. It goes on to state the average peak is 8.0 density but not methodology for determining it.) Active Promotion Versus Regulation - In addition on the thrust of the plan the consultant has indicated the plan is not an active promotion of any powers that currently do not exist for LMCD, but a coordinated effort with LMCD regulating growth. Whenever an agency however, takes on as an objective for action an item, whether they have authority or not, this becomes a goal to which they work to attain. The "promotion" by saying they are going to establish such goals for access is a different thrust than stating that there are these issues out there, there are other "actors" with authority relating to them and that the LMCD will exercise its authority to appropriately control when they come into play. It should also be stated what activities, as far as access points that they specifically do not control. Review Process - Orono did participate in the process and provided substantial comments from August thru February to the initial separate drafts. In fact, the present public review document reflects suggestions made by this city in those reviews. Regardless of whether the city participated or not, the plan still needs to be abundantly clear on points so that those in the future may use it with the clear understanding of those who developed it. Authority Beyond Current LMCD Policy - If the document only encapuslates LMCD's current authority and that the plan in its objectives does not envision LMCD seeking any further authority it should clearly state that. This is not abundantly clear from the reading. In fact, the LMCD would need to attain additional statutory authority to undertake the revenue sources that it is proposing. Data on Density - Unsafe Condition - The plan specifically states on page 40 that over 50% of those boaters identified unsafe situations in the survey. While it goes on to state that they expect such conditions that expectation doesn't make it safe. Limitation on Boat Types - While this may have been discussed and rejected, the City may go on record stating that in fact we disagree and that the plan should include that. 'eXJTi CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD. MINNESOTA 55331 • (612) 474-3236 June 27, 1990 Mr. Gene Strommen Executive Director Lake Minnetonka Conservation District 402 East Lake Street Wayzata, MN. 55391 RE: Long-term Management Plan Dear Mr. Strommen: I am pleased to advise you that the City Council adopted Resolution 52-90 supporting the Long-term Management Plan for the LMCD, with very few reservations. As noted in the Resolution, the City remains concerned that Lake Minnetonka not be over-used. Therefore, it is important that the lake area be determined with the same formula used for other Metro area lakes - which will have the effect of reducingzthe Lake area for planning purposes and the density of watercraft. As noted in the minutes of our meeting, the City Council also believes LMCD representatives should continue to be responsive to the Cities that appoint them; and providing for Recall of represenatives by the cities that appoint them would achieve that. The City also shares many of the concerns raised by other com munities around the lake"; but, Shorewood is more concerned that the LMCD remains the central authority on lake use and access so that this control is not granted to an outside agency that may not represent the cities or Lake Minnetonka community. Shorewood also wants to see the standards and plans completed, as Orono mentioned, as soon as possible. To that end, we also approved the agreement for shoreland management - which I will forward under separate cover. And, we hope to complete work on the other Ordinances, standards and policies controlling the Lake and shoreland as soon as possible so that outside standards are not imposed on us. In summary, the City of Shorewood believes the Long-term Manage ment Plan is a positive step in the planning process for Lake A Residential Community on Lake Minnetonka's South Shore L-w- LMCD June 27, 1990 Page two Minnetonka. It sets forth a workable framework for the many tasks that Lie ahead. We look forward to continued access and input into the process. Thank you very much. truly yours, Laurence E. Whittaker City Admini>»trator 1 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES. JUNE 11. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 5 RFOUEST FOP PARTICIPATION WITH JULY 4 CELEBRATION ..QOST Gagne moved. Brancel seconded, to donate $1000 for Excelsior. July 4 celebration. Motion carried - 5/0. LMCD COMPREHENSIVE PLAN - ROBERT RASCOP RESOLUTION NO. 52-90 Mayor Haugen read a letter from the City of Greenwood which stated that they thought the LMCD Comprehensive Plan was flawed. Robert Rascop presented the LMCD's Comprehensive Plan. He stated they are already a taxing authority. They can levy 1 mill. They propose to extend this tax to all of Hennejsin County and of Carver County. Haugen indicated that many citizens of Shorewood and many of the other lake cities feel this would be double taxation for the lake cities. Rascop said that would not be true. Stover brought up the subject of user fees as another way to tax. Jr. Rascop stated that some sort of boat sticker could also be used but the DNR has said they oppose any agency but the DNR licensing boats. Gagne said that he had read all of the responses and most of them were negative. He felt.however.that as one city out of 14 Shorewood would have to give a little in order to make the LMCD work or another authority would take over from LMCD and diminish City control. Mr Rascop said that the LMCD was not looking for any increased authority over the cities, only enforcement cf the current snoreline provisions. They would like to comment on any variances and make agreements with other agencies for enforcement of existing rules. Haugen felt that the mayors of the vari- us cities were not heard at the LMCD meetings. ^ i t MrnThe mayors thought that there should be a provision for recall or LMCD representatives in the bylaws of the LMCD; so that City's had some control over LMCD pol icies. phi losophy and actions. LMCD is proposing new membership for Hennepin County, Minnehaha Creek Watershed District and Hennepin County Parks. Stover was concerned about Hennepin County having two votes, effectively, as they appoint f.he the Watershed District managers. ... Administrator Whittaker indicated that Shorewood had no problem with any of the regulations and that cooperation among the cities around the lake would be to everyone's benefit. Any further questions for the LMCD should be given to Mr. Whittaker before Monday June 18. 1990. Whittaker advised the Council of the concern other cities have about the DNR determination of lake area, which is used to dete^ine the number oi boats per acre of lake surface. They want the DNR to use the same standard on Minnetonka as other Metropolitan lakes. Motion by Gagne,Stover seconded, to adopt HESOLUTION NQ, A Resolution Approving the Long Range Management Plan of the LMCD. the provision that the LMCD use the same DNR surface standard on Minnetonka as that used on other Metro lakes." Motion carried 5/a on roll call vote. RESOLUTION NO. 52-90 A RESOLUTION APPROVING THE LONG TERM MANAGEMENT PROGRAM FOR LAKE MINNETONKA VJHEREAS, the Lake Minnetonka Conservation District (LMCD) has prepared a draft dated May 1, 1990, for a Long Term Management Program for Lake Minnetonka (Program); and WHEREAS, said Prograun was presented to the Shorewood City Council for review and comment at a regular meeting of the City Council on June 11, 1990; and WHEREAS, the council members have given due consideration to the provisions of said Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorev/ood as follows: 1. That the Long Term Management Program for Lake Minnetonka as proposed by LMCD is hereby approved, subject to the following provision! That LMCD use the same standard for Lake Minnetonka as the DNR uses for other lakes in the metropolitan area in determining the number of boats per acre of lake surface. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of June, 1990. ^ X Jin Haugen^^^yor Laurence E. Whittalcer City Administrator/Clerk Roll CaU Vote! Ayes - Haugen, Brancel, Gagne, Stover, Watten Nays - 0 1 "I CITY I I II^ORONCj CITYof ORONO Popt Office Box 66* Crystal Bay, Minnesota 55323* Municipal Offices On the North Shore of Lake Minnetonka July 5, 1990 Alan & Lorrie Peterson 2075 Watertown Road Long Lake, MN 55356 Dear Mr. & Mrs. Peterson: Thank you for your letter of June 25, 1990. In response to your concerns, I would make the following coinji'cnts: 1. The septic system inspection program fee was assessed on your taxes because it was not paid by the deadline date. The breakdown is as follows; $20.00 (fee for 1989) 20.00 (late penalty) 4.05 (County handling fees + 8% interest) $44.05 Total 2. Although I cannot verify what you were told in 1985, it seems unlikely you were "assuLed" by the City that municipal sewer would be provided to your property. Your property has never been considered for municipal sewer, since it is within Orono's defined rural service area as reflected in 1980 Orono Comprehensive Management Plan. 3. Until December 31, 1986 the MWCC charged the Sewer Availability Charge (SAC) for all new construction in Ornno regardless of the actual availability of (or local intent to provide or not provide) city sewers. Due to efforts by a number of cities including Orono, the MWCC in 1986 revised its procedures to no longer charge the SAC for non-sewered properties, and offered each city the option of refunding previously paid SAC charges for unsewered areas. On February 13, 1989, after much research and consideration, the City Council adopted Resolution #2580 determining that the City will not request refunds for the eligible properties. The reasons for this decision are documented in the attached memo dated January 5, 1989. Bl ILDING A ZONING - 473-7357 ASSESSING ADMINISTRATION & UNANCF - 473-735* KAX-473-0510 PI BLIC WORKS - 473-7359 L Alan & Lorrie Peterson, 2075 Watertown Road July 5, 1990 Page 2 of 2 4. The septic system inspection program is intended to inspect existing conforming systems on a regular (but not yearly) basis. Your system has been inspected in 1985, 1986 and 1988 and is anticipated to be inspected again this yeat. If the City were to charge per each inspection, administrative costs of individual billings would ultimately drive the actual cost of the program upward. The City decided several years ago when the program started to biix each rural homeowner with a septic system on a yearly basis to keep administrative costs as low as possible. The $20.00 yearly fee has not increased since 1980. 5. Only resi'lences with septic systems pay the septic system Inspec* oa program fee. Residences with municipal sewer available pay the sewer utility quarterly charge of $51.15 (or $204.60 per year, 10 times the septic inspection charge). Properties with City sewer paid an assessment for installation of that sewer that typically today is $10,000- $15,000 per lot. Your SAC charge did not pay anything toward their assessment. It paid merely for a right to use MWCC sewer capacity in the future. 6. The current SAC charge is $600.00. Under current MWCC policy, if you paid a SAC charge in the past at a lower rate, if and when sewer is provided to your property you would not be liable for the difference. I hope this has answered your questions. Please feel free to call me at 473-7357 if you have additional concerns. MPG/tln Enclosure - Memo dtd 1/5/89 City Administrator elr^iJ^ardson, cc: Mayor Grabek & Orono Council Members Wii MmmWSsma-S;-S^;!:r ■mMM:m'Kt : % >■;.. J7 ^ ^hm^. W: ..M- K.-';^^ »,*wS:J L‘;'«tss.4^'i:' • r\s ^M0:- m Wi • -.I ii|||lii^l(ltolll Viiip; ORONO COPY ^/S~/SL Ofi/9c CERTIFICATE OF SURVEY FOR STEVEN J. RUCE AND scon LUSE IN WEST BRANCH HILL A SECTION 7-117-23 : S’^E PLAN __ 1. A'i RA-iVE. i: ^ IL,-: Date : B-19-85,rev. 11-26-85 Scale: 1" = 50' 0 : Iron narker f "" • iArLSJXsrLo*{i/i.j.JT feet of the East 203.71 f^et of the Northwest quarter of the Northwest quar ter of Section 7. Township 117, Range 23. Hennepin County, and the location of all existing buildings thereon. It does not purport to snow other im provements or encroachments. COFFIN A GROHBERG, INC. (teg. Gordon R. coffin Reg. No. Engineers A Land Surveyors Long Lake. Minnesota 12755 6054 NEW LEGAL DESCRIPTIONS A. Lot 1, Block 1. WEST BRANCH HILL, £xcept the^ast 60 feet thereof. B. The East 60 feet of Lot l‘. Block I, WEST BRANCIj HILL:. ’ C Xrfe South 168.71 feet of the North 208.71 feet of the East 208.71 feet of the Northwest quarter of the Northwest quarter of Section 7. Tqwn- ' ship 117, Range 23, Hennepin County, Minnesota. D. ROAD PARCEL TO BE DEEDED The North 40 feet of the East 208.71 feet of the Northwest quarter of the Northwest quarter of Section 7, Township 117, Range 23, Hennepin County, Minnesota. • mm . c-. A > • :IHKI wffmmm mmm -m "'^lijir'—r r^-' r-'- ■' ■tK‘\"_ ; '■ V mm n--r- L \W :::■-;■ ) . . ,: (y ) ,..i. S‘\t|p?iaK^ii»ijBBf aig«'iii«pfr.aC 'f/'j'' : /IDISS y-jhiM « sa M M*&M V- ' 'w—^£-;.■.■ •k-iA? «-. A K t t^-^- l^r-* .’gy*ga«^a.yagg''rw V '*•', a X;: #■': e i]s^^ Kt-' ■ 7! <T^''’^/'^ip 1 tl ''a \ ,✓“ /Mtt 0^ gtif -r.rar^5>^ s-jj, 4i __f^.'x SCALE: 11NCH«100 FEET DATE : S-1-S0,«^ *■"» • : MON MANKER DATUM: NOVD>1t2S __^__! udSTMO CONTOUR SHADOWOOD FARM proro Sd suroivision for FULLERTON PROPERTIES he SSS*coui Jty7m?nnesota ( TJMf. ITMaiPTlfli fTSM , Bans* That part of th« SouthM»at Quftrtar of Seotion 27, Township 116 23 Uaat of tha 5th Principal Meridian, descril eraection of the centerl eat thence South aloflf said Meat line to a point distant North follow ' Meet of the 5th Principal Meridian, described aa at the Interaection of the centerline of line of said Southwest Quarter; _^ _ _ _ Ine to a point distant 1672.5 feet North froB tha Southwest curner thereof: thence East at nglea a diatanae of 324.5 feet: thence South at right f 148.6 feet, thence Vest •ng distance o: line of sa: hereof: thence East at right thence South at right angles a ___ - lest at right angles to the West id Southwest Quarter: thence South along said West line a distance of 148.9 feat; thence Bast at right angles a distance of 324.6 feet: thence South at right angles to a point distant 825.00 feet North fro« the South lint of said Southwest Quarter; thence Bast parallel with paid South line to ite interaeoticn with the Ueet line of the Bast 1091.94 feet of aald Southwest Quarter; thence North along aaid Nest line a distance of lO: thenoe last a digtancw of 66.4 feat; thence North line of County Road No. 0: thenoe West along said < the point of beglnninc. 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I j hk tl l| I \ »_S ' W ■'^ . f •i'V'-'' Maag rr-■ y:1 a-: a- ... :: C ' ■ I mm r\a»i»4-ii^^ssafes :f;a»E &' ^rK r^-V; % :r u lADY-WOOD r, Minnesota ^ ^>r" Iioix, nuui\i(j, liHAOING, IREDGIIMG, TREE REMOVAL OR . INSTRUCTION OF ANY KIND Wn>5^ 75 FT OF ANY SHORELINE WITHI\36 FT OF ANY WETLANDS PERIVirte ARl REQUIRED FOR lot arM-- 15W4 sf 75' to 250' \ ereby certify that this is a true and correct representation of a survey of . the boundaries Lot 21, SHADY-V;00D, the location of all existing buildings, if any, thereon, and the propose ation of a proposed building. It does not purport to show any other improvement or encroach- ts,. Le: 1 inch *• ^ feet COFFIN A GRONBERG, INC, A ■ aim-,mmmiifei«’S‘5'«S<'®^ :i ;- ,*!*■ ■ ,-'K ■<iS*v. '■ ■mm::-'mn .■' ■ s ' -^’ iBii m]i Aferr: 1. oc-4*. Ti«-c , SjfiTtM ujltx. ^ C/ICA H* 4c «.mu <Sr«A^C. A4 s» A^£. U//V4- 6£. 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