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03-13-1989 Council Packet
PUBLIC ATTENDANCE CITY OF ORONO PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS NAME OR NUMBER PRESENT FOR (from agenda) i.C^v€.T\S s's'i'ti ■•'■ )o 2.} 9 ^y o -. ■>ryj/iJ 3.{? % # /o S.'Pfc'l:f 5"^ • /gV^C.V.'^V "N ?3iLclcxA C_ >V \ f /4 j/^'45"' -----------/£t»'V :2,5- V.^14d 10.JifZt./f/kn .?>d/ S' '/- /S' 11.■H,^l >^/v'cA ’r^<^ 12.PinonJ /V>1^ l?d. 14. 15. 16. 17. 18. 19. 20. kuJlUUcOO^-^ji, . An/fco-iAJfo YoST^ kietu-O Ay<5T WflTTO/ii-, f\bAi>C)Aj fb ^ Afeov't. (]CR^ ;6 6tMuj^^C=T?eaAi£) -S^vifoY/lAjDvSyT. KJow-d Qf??A. WceiJ'muj.iy, C:^nt,j R:ix [jjeaiJttR'^ tAiPUrUJot^ /-JAi/e /iaPfttL .C:^^AJ^^riLL^wF.D U • \JoaU) 6 l-//1c«L . A' /feuT /DtfM,..' OPmj. C>/?A&tKL hxo t\jbr6iuWa,^iJ0F/^ tiiiujObt. ^ y«^Ltfr\. /KT^etD kJim >l57b6.^, S(P lAm?JD . TW lOmj) A/cr 61 aWo op mrn^ LJ:Si>lmiJ ^O" , It C6ovulO i^ti)<iMfiXo 4 kiooO, C> U 15 (^t^\^/Ay. Ol^ o^&o 7d Ac^r C,' lJo^o f}oc(c.^ HhJ J^o. i^s>rAf^ ho'^ AJr 6tuiv&. 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Ob 7b (\fP^'i^, BP %J0 j fyjgncfJ mt6tD^C) 4/1 \^A'izArA Cdtu!^ Cuid - hlor ^ f^h/cO) Db ChJO 4/0- PiiSiA)f " 057 '75 AfP£oi/fc-,6P ^0 , (ksW/Ro Kh/iboo lOiTH tfOhaJ^. ■O'bCf COhttfl- LuTvRy b^PiAuJtO G/levO[fJi-jpfiaiL)ij- S^ML4>di^ (yr(b\lW, Mmf^o WAujAbt. 'fo{\pPiwtr/^iDtD A Sj\ti^f=Ai-r^y ^fTt/Oj 1^ btf’tmuW \AJtHCM\ N&r(\LL^ 4iL? Lr. Pc&mofJ o hltrvj>6 A(b//tiD . Ob rncx/eo Jo TTWKt /\pff. ^PcAHJiO . R)P. M ~. . , M Jjo. 7b UbLLLoSnu- IjML G)jUt5TlG>A76 Pi£AJi)tiitO. S^^tlPAoW Mi, A L-- mciK/rfi TTme.'Tb ^th/ALuATb STh ^UmA]UiDtO (AiMMD/. hMotJ ^-0 -4n Ob rriouso lo Sciffhl^C-^ I'Mi/i-j POef^^yfJ P-0 12-UJt M Norf^t5M<. Sf A^-D fwMlfiS f^A Ij^uJC;^ Lor rLAfJ, hb SAio l71/\/jy Cm '^^OcMtO . VvAft/jS Id 5f/^v Ok! IBP. i I 4ao AK/fTloVeO, !)b DajO ^-0 pA^m). #ai >WDec|0- A kJ if\(^W, hlj7 2fJ0 4-ofA5SW . Jb n^oOtOj A n/Jiv JD ^-t> ’ 0 I, r Ei^Afefe. //Ia ^^we^ — Lj(^Cxu)guid . 0& ' ''j bb^P ‘4-0 ticS^Jn&b (1\Pb ov/ /5t74 of • A m mojto, kP Oa!o 2 30 A djgo/W' fggrn* POR COUHCIL MBBTIH6 SBT FOR MONDAY, MARCH 13, 1989, 7s00 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. COUNCIL MEETING MAB131989 CITY OF ORONO roll call 1. CONSENT AGENDA* 2. Recognition - Lte Gary Cheswick 3. Introduction - Recycling Coordinator Marge Vigoren APPROVAL 01' mHUTBS * 4. Regular Meeting of February 21, 1989 PLAimiHG COMMISSION COMMENTS - Sara Moos Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) .ft., th. C...CU h.. ,..t application please sign the three (3) original resolution copies. 5. #1363 Roger and Becky Berry, 1392 Baldur Park Road - Variance Resolution « * ^ « _6. #1364 Edwin Gage, 480 Tonkawa Road - Revised Proposal 7. #1371 Robert and Theresa Minkema, 3200 Bayside Road - Variances 8. ♦ 137*2*^Donald Kempf, 1180 North Arm Drive ~ Preliminary Subdivision - Resolution 9. #1377 Richard Anderson, 3980 North Shore Drive - Variance Resolution ^ __10. #1378 Curtis Ostrom, 4605 Watertown Road - Variance . 11. 11379 Wayzata Country Club, 200 Wayzata Boulevard - Conditional Use Permit - Resolution _ 12. #1381 Jack Rhode, 1690 Shadywood Road - Variances - Resolution 13. #1382 John Rogers, 755 Tonkawa Road - Variances * 14. Planned Development Ordinance * 15. Amendment of Drainage Easement, Lot 6, Farview Addition Resolution ENGINEER'S REPORT nator's report 16. Lieutenant Position Appointment 17. MWCC Appointment CITY ADMINISTRATOR'S REPORT 18. George Norling - Request/Lord Fletchers ♦ 19. Fullerton Subdivision, 880 Townline Road Island 20. Year XV C.D.B.G. Program Process 21. Joint Use Dock Licenses - Resolutions 22. Equipment Purchase - Skid Steer Loader 23. Replacement of Postage Machine - Intersection Center A6BHDA FOR COONCIL IIBETIBG SBI FOR MOHDAY, MARCH 13, 1989, 7:00 P.M. CITY ADMIHISTRATOR'S REPORT Continued * 24. Odd/Even Outdoor Water Usage Regulations 25• 20 Years City Einploynient Lt« Cheswick — Resolution 26e Resignation - Assistant Finance Director 27. Girl Scout Week Proclamation - Resolution 20.. Administrator’s Information Stun Gun Highwood Storm Sewer Goal Setting Status CITY ATfORHKT'S ftSPORT ... LICBHSBS (29*) BILLS (30*) ADJOOBMMBNT COUNCIL MEETING (J iMtn MIHUTBS OF THE REGULAR OROHO CODHCIL NBBTIlAITY QC Oilliin held FEBRUARY 27, 1989 WHVnj ATTBHDAHCE 7s00 P.M. ^ . wThe Council met on the above date with the following members present: Mayor Grabek, Coui.cilmembers Nettles, Goetten, Peterson and Callahan. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Public Works Director Gerhardson, City Attorney Barrett, Police Chief Kilbo and City Recorder Scheffler. COHSBHT AGENDA* _CounciImember Goetten requested the removal of items 17, 20, 21, 22 an. 27. CounciImember Peterson requested that items 18 and 23 be removed. It was moved by CounciImember Nettles, seconded by CounciImember Peterson, to approve the Consent Agenda with the exception of items 17, 18, 20, 21, 22, 23 and 27, which were removed and discussed in the order in which they appear on the agenda. Motion, Ayes»5, Nays«0, Motion passed. APPPROVAL OF MIHUTBS* ^ vfas moved by Councilm'imber Nettles, seconded oy councilmember Peterson, to approve the Minutes of the February 1^, 1989 Regular Council Meeting, Motion, Ayes**5, Nays»0, Motion passed. APPROVAL OF MIHUTBS* ^ ^ It was moved by Councilmember Nettles, seconded oy Ccuncilmember Peterson, to approve the Minute:, of the Special Meeting of February 6, 1989. Motion, Ayes»5, Nays*0, Motion passed. lake mihhbtohka cohsbrvatioh district report ^ ^ ^ Ms. Jo Ellen Hurr reported that she was working very hard to raise money for the Eurasian Milfoil project. They have raised $105,000.00 from private individuals. All of the Lake Cities have pledged, however only two have paid. It is important to have a successful fundraising program this year in order o receive matching funds from the Corp of Engineers/DNR next year. The LMCD has sent out a r»,quest for bids to do the necessary work. The problems involved with the low lake level is another area upon which they are focusing. The LMCD is asking multiple dock owners to submit applications for dock extensions. The Comprehensive Plan is moving along. The last shoreland management meeting has been held. There was also a meeting in which Lt. Gary Cheswick attended as a representative of Orono. Ms. Hurr commended Lt. Cheswick for a job It is anticipated that the entire process, including ratification of the Comprehensive Plan, will be completed in May, 1990. Councilmember Goetten inquired as to whether the DNR and Hennepin Parks were financially involved with the milfoil effort. MIHOTBS OF THE OROHO COOHCIL NBETIN6 OF FEBRUARY 27, 1989 LMCD REPORT COHTINUED Ms. Hurr replied that the LMCD had received "expertise" from the DNR, but no commitment of financial contribution. Hennepin Parks has given thought to purchasing a weed cutter to use on area lakes. There will be an upcoming meeting to discuss this possibility. CounciImember Mettle^ asked about restrictions for pumping water from Lake Minnetonk. Ms. Hurr explained that pumping from the lake does not have 4 major impact on the lake level. However, she stated that there may be a policy encouraging persons not to pump from the lake. Ms. Hurr asked for support from the Council and Mayor Grabek regarding her reappointment to the Metropolitan Waste Control Conuiiission. Mr. David Singer asked Ms. Hurr for any information she may have concerning the issue of parking along County Road 51. Ms. Hurr stated that the Comprehensive Plan would address the issue of parking. PUBLIC COMMENTS Mr. George Norling, presented written information to the Mayor regarding a parking lot in Lord Fletcher's area. He also gave information to Counci Imember Goetten from a Mr. Dave Peterson regarding traffic enforcement by the Orono Police Department. There were no further public comments. ZONING ADMINISTRATOR'S REPORT: #1359 DAVID LINDSTROM 1315 ffOODHILL AVENUE VARIANCE RESOLUTION #2582 Mr. Lindstrom was present for this matter. City Administrator Bernhardoon informed the Council that Mr. Lindstrom was seeking a front yard setback variance of 18*9". There were no questions or comments from the applicant, nor the City Council regarding this application. It was moved by Cor.nci Imember Goetten, seconded by CounciImember Nettles, to adopt Resolution #2582, approving the front yard setback variance for David Lindstrom. Motion, Ayes«5, Nays^O, Motion passed. NIOTTBS OF THE OROHO COUNCIL MBBTING OP FEBRUARY 27, 1989 #1369 CHARLES XICKHAFER 1040 TOWIILINE ROAD VARIANCE RESOLUnOH #2583 Mr. Kickhafer was present for this matter. City Administrator Bernhardson briefly explained that this application involved a front yard setback variance for the purposes of constructing an attached garage. The required setback is 100', the applicant is proposing 70*. There were no questions on behalf of the applicant, or the Council. It was moved by Mayor Grabek, seconded by CounciImember Peterson, to adopt Resolution #2583, approving the 30' front yard setback variance for Charles Kickhafer. Motion, Ayes*5, Nays*0, Motion passed. PLANNED DEVELOPMENT ORDINANCE City Administrator Bernhardson reported that he had discussed this matter individually with each CounciImember and Mayor Grabek, with the exception of CounciImember Goetten. There were other issues that he was bringing forth that had not previously been addressed. The Planned Development Ordinance would basically not allow property to be rezoned until a specific development request is submitted for a specific property. The issue of future councils was addressed, as was changes to approved planned developments and undeveloped planned developments. The burden of proof would fall to some degree upon the council to show that any specified requirements of the subdivision are related directly to the development. With a Plan: ed Development zoning, the burden of proof would fall on the proponent to prove that the overall development is an improvement. Bernhardson explained that he had received a letter from a realtor expressing concern about property development and movement in the Highway 12 area. One of the main concerns is where the planned development would be applied. It was Bernhardson's belief that it should start off being limited to the Highway 12 area because that is the area for which the planned development was designed. Mayor Grabek commented that he found a bit more insight into the approach and now felt more comfortable about the concept of planned development. He concurred with Bernhardson that a planned development ordinance should be initiated in the Highway 12 area. It was moved by Mayor Grabek, seconded by CounciImember Goetten, to table this item until the March 13, 1989 Council Meeting. Motion, Ayes*»5, Nays-O, Motion passed. MINUTES OP THE OROHO COUNCIL MEETING OF FEBRUARY 27, 1989 MAYOR'S REPORT: LONG LAKE SEffER PLANT PROPERTY Mayor Grabek stated that he had reviewed the proposed letter to be sent in response to the letter received fro!n Mr. Vande Vegte. The Mayor had no objections in sending the letter as drafted, and expressed his disappointment that the attempts to resolve this matter amicably had not succeeded. He believed that Orono had more financial stability than Long Lake and would be able to weather any annexation proceedings, should they begin. He said that it was a shame that the taxpayers dollars would need to be spent in such a manner, especially since the Council had expended such an effort to resolve the matter another way. It was moved by Mayor Grabek, seconded by CounciImember Nettles, to send the proposed letter and wait for a response. CounciImember Nettles commented that he had talked with residents of Orono Orchard Road and their major concern was the density. They felt %hat an increase in density would greatly alter the characteristic of the street and were opposed to such a proposal. CounciImember Goetten wanted verification that the City Attorney had reviewed the proposed letter and had no objections. City Attorney Barrett indicated that he had no objections. Motion, Ayes"5, Nays«0, Motion passed. CITY ADMINISTRATOR EVALUATION This was an information item. Mayor Grabek indicated that the process of evaluating the City Administrator and determining future goals should be initiated. PLANNING COMMISSION APPOINTMENTS Mayor Grabek questioned whether the persons in question wished to be reappointed. City Administrator Bernhardson responded by saying that the three persons were interested. There has not been any solicitation of any additional persons. CounciImember Peterson asked whether the concern involving the length of service had been resolved. Bernhardson replied that it had been resolved. Mayor Grabek inquired as to the process for notifying the public of the fact that Planning Commission appointments were going to occur. Bernhardson replied that a notice is placed in the paper requesting resumes from interested persons. Interviews would then be scheduled for the March 27, 1989 Council Meeting. Bernhardson pointed out that the appointment process only continued until the end of March. Mayor Grabek suggested that staff make public notice of the appointments for the benefit of any interested persons, and to send a letter to those interested persons already on file. Mayor Grabek asked that this matter be placed on the agenda for the March 13, 1989 Council Meeting. MIHOTBS OP THE OROMO COOHCIL MEBTIRG OF FEBRUARY 27, 1989 JOINT MEETING TOPICS COUHCIL/PLAHHING COMMISSION Mayor Grabek reported that there had been a joint meeting of the Planning Commission and City Council and felt that it was beneficial. Mayor Grabek suggested sending the information from the meeting to the Planning Commission, and invite them to contact any of the CounciImembers, the City Administrator or himself to discuss it. It was moved by Mayor Grabek, seconded by CounciImember Nettles, to send the meeting information and responses to the Planning Commission, asking for their comments and suggestions. CounciImember Goetten questioned whether another joint meeting would be scheduled prior to July. Mayor Grabek agreed that would be beneficial. Motion, Ayes*5, Nays*0, Motion passed. ACTING MAYOR-LENGTH OF APPOINTMENT Mayor Grabek explained his misunderstanding of the length of term allowable by law for the acting mayor. It was moved by Mayor Grabek, seconded by CounciImember Nettles, to appoint CounciImember, Edward Callahan, as Acting Mayor for a one year term. CounciImember Goetten questioned the wording of the recommendation and observed that the one year term for Acting Mayor was not a matter of opinion, but rather a law. She also expressed her frustration over the fact that this issue required several meetings to be properly resolved. Motion, Ayes«U, Councilmember Peterson, Nay, CounciImember Goetten abstained. Motion passed. Councilmember Goetten explained her reason for abstaining to be the lengthy process and number of meetings needed to determine this. She also did not believe that the special meeting called was proper in that the press was not notified. CITY ADMINISTRATOR'S REPORT: COUNTY ROAD 51 PARKING , *City Administrator Bernhardson gave a brief synopsis of the current status and options of action that were being proposed. One option was to eliminate all parking along County Road 51; option two was to widen the shoulder to 10* and provide curbing and a double fog line; removal of 6 parking spots along the critical area to allow pedestrians to walk between cars would be the third option. A fourth option was recently proposed which would involve removal of four parking slots around the curve to improve sight distances. This fourth option arose from David Singer's contact with the County, wherein it was determined that sight distance was minimal at best. Additionally, once the sewer project construction is completed, the State would be asked to do a speed survey in the area. Trespassing on private docks is another issue that was raised. The City is recommending that a City access dock be installed where the fire lane currently exists. The City received a letter from a Mr. Robinson, 34'40 North MIHOTBS of THB ORORO COOHCIL MEBTIHG op FEBRUARY 27, 1989 COUNTY ROAD 51 PARKING CONTINUED Shore Drive, in which he suggested the elimination of boat trailer parking, as opposed to widening the road. Mr. Kenton Carlson, 3498 North Shore Drive, felt that there should be no parking allowed, even though it may be an inconvenience. He explained that the way in which the boat trailers were parked contributed a great deal to the safety problem. He did not believe that the installation of the public dock would alleviate the trespassing problem, but would enhance it. He said that North Shore Drive was a two lane highway and the shoulders were required for emergency purposes. Mr. James Erler, 3448 North Shore Drive, explained that he has twoTgrandchlTdren and is extremely concerned about their safety. He too belirved that eliminating the parking entirely would be a better resolve than the other options presented. Mr. Lou Feqers, 3590 North Shore Drive, expressed his opposTETon to eliminating parking along County Road 51. He said that visitors to his hoiae would not have a place to park. He suggested lowering the speed limit. Mr. David Singer, 3520 North Shore Drive, explained that the parking" issue did not affect him due to space available for parking behind his house. He said he would be willing to allow peih\>na to park on his lawn if necessary. He strongly believed that :*.-afety should come before guest parking. He expressed concern over consequences that may arise should the Council not take a stand at this time. He did not want to see a parking task force, comprised of non-Orono persons, making decisions that directly affect Orono persons. He asked the City to contact the County to inform the DNR and the LMCD that no further parking can occur on County Road 51 due to the safety hazard it creates. Back in 1985 when the on-street parking was being proposed, it was determined that enough room should be provided to permit car doors to be opened without extending into the traffic lane. He said that not only wa here a safety hazard for pedestrians, but also for cars try. ^ to enter into traffic from a parking spot. Eliminating boat trailer parking had been previously discussed but due to constitutional issues, could not legally be done. Ms. Mary Erler, 3448 North Shore Drive, observed that on- streeF"parking on County Road 51 occurred when there were still available parking spaces in the boat access lot. Mr. Tom Anderson, 3550 North Shore Drive, stated that there were more trucks and vans, rather than cars that parked along Co-inty Road 51. This added to the sight distance problem. He agtv i that parking should be eliminated and alternatives found. CounciImember Goetten asked about the feasibility of straightening the road to some degree. Bernhardson did not MINUTBS OF THE OROHO CODHCIL MEBTIIIG OF FBBRDARY 27, 1SG9 COUNTY ROAD 51 PARKING CONTINUED believe straightening would be possible, but widening could occur in conjunction with the sewer project. Mr. Singer interjected that the County had considered such a task, but determined that there was not enough room within the right-of-ways to do so. Mayor Grabek questioned the ramifications of designating that area "no parking". Bernhardson explained that Lake Minnetonka is divided into 5 zones. Each zone must have 1 public access parking spot for every 20 acres of lakeshore. Tne amount of lak<*shore acreage was determined for each zone and parking requirements were assigned accordingly. The concern of eliminating on-street parking would be the possible push to create off-street parking. In order to accomplish this, private land may be requested. Chief Kilbo was present and expressed his opinion of the parking situation to be very risky and serious. Re said it was fortunate that there had not been more serious accidents, even though there had been many near misses. From a public safety standpoint, he would like to see parking banned in that area. CounciImember Goetten asked how many parking spots there were along County Road 51. Mr. Singer responded that there were 28, 50* spaces. Mr. Erler asked what criteria was used for determining parking that would put parking spots ahead of safety issues. Mayor Grabek reiterated Bernhardson's explanation of condemnation of private property. He added however, that nothing takes precedence over the safety, health and welfare of the Ci* ’zens of Orono. He said that caution had to be exercised when a .empting to resolve this safety issue. The City could ask that there be no parking on County Road 51, but not if it meant property owners in that area losing their homes due to condemnation. It was moved by Mayor Grabek, seconded by CounciImember Grabek, to get a formal position from Staff and the City Attorney as to the ramifications of designating County Road 51 a no parking zone. Motion, Ayes«5, Nays»0, Motion passed. COUNTY ROAD 116 City Administrator Bernhardson explained that the Council had previously adopted a position of opposition to County Road 116 being constructed. The issue of how to proceed should the County continue with their efforts was tabled and was the topic for discussion at this time. CounciImember Nettles questioned whether the County had a definite proposal. Bernhardson said the County intended to go ahead even though there were details yet to be determined. Bernhardson recognized County Commissioner, Tad Jude, who was present for this matter. Mayor Grabek indicated that the City should remain open to MIHDTBS OP THE ORONO COUNCIL MEETING OF FEBRUARY 27, 1989 COUNTY ROAD 116 CONTINUED the fact that funding may be available for a road that is already slated for improvement. However, he would prefer to know the plans for County Road 116 before making any decisions. Mr. Gregory Coward, 1950 Heritage Drive, disagreed with Mayor Grabek's position regarding the use of County funding to upgrade Willow, it was his belief that if the City is opposed to County Road 116, that they should stand firm and not allow it at all. He also questioned why County Road 116, locat ;d so far out in the suburbs, managed to uecome a top priority over any other metropolitan county roads. Mayc „ Grabek surmised that the pressure for making County Road 116 a priority came from Medina. In response t*' using County funding, the Mayor agreed that such a stand would be inconsistent. However, it was a reality that Willow Road will be upgraded, with or without Couniy funding. Mr. Ccward believed that upgrading Willow Road would only encourage more traffic. He did not want to see the City turn this community over to the highway departments. Mayor Grabek said that Orono was not being handed over to the highway department. It was necessary to upgrade the roads within the City and to do so as feasibly as possible. He said that it was important to plan ahead and cited the fact that due to poor planning, Orono may be required to foot the bill for a larger sewer system. He did not want to make that same financial mistake with Orono*s roads. He clarified for Hr. Coward that he was indeed opposed to County Road 116. Mr. Coward reiterated his opinion that widening and upgrading Willow would increase traffic. CounciImember Goetten stated that it was not her intention uo turn Orono into another Edina. However, there were some realistic concerns that needed to be addressed, such as safety. She said that Willow Road has always been designated as a minor collector, which means it will probably be used more, and would eventually be a north/south connecting road to Highway 12. She said that Orono had to face the fact that it is ^ growing community and the Council has to face the concerns that growth will bring. Mr. Coward stated ^at until a determination for the Highway 12 Corridor is made, Ordno could not make an accurate decision of what it would want or need to do with Willow. Counci Imember Goetten stated that she agreed wholeheartedly. She said that there was a Highway 12 Task Force that was looking at those very issues. She also suggested that Mr. Coward ask County CoromisFloner Jude for any information that he may have. County Commissioner Jude stated after receiving a letter from the City expressing their opposition to County Road 116 he checked with the County Department of Public Works on the status of this project. He was told that County Road 116 would be built in 1990 and that it would noc extend to County Road 15 because Orono was against that. The road will be constructed using both MmUTBS OF THE OR0NO COONCII. MEBTI1K3 OF FEBRUARY 27, 1989 coomry road ii6 contiiiued rural and urban standards. It is unknown whether there will be a four-way stop at Willow and County Road 6. At the intersection of Willow and Highway 12, a stoplight is possible if traffic counts warrant that. County Coninissioner Jude questioned what was the driving force behind this project. He was infor*ned that Medina was pushing for the road for a north/south corridor for emergency vehicles. It was County Commissioner Jude's opinion that the Road was going through Medina because Medina wanted it; the Road was stopping at Highway 12 because Orono did not want County Road 116 to go beyond that point. Re commented that if Orono really pushed, the Road probably would stop at the border. CounciImember Callahan did not believe tha^ an emergency vehicle access was the main reason for the Roao. It was his opinion that the Road was being constructed solely for the purpose of enhancing access to Lake Minnetonka and County Road 15. He indica^.d that if an emergency vehicle access was their main purpose. Tamarack Drive would lend itself much better to that cause. Callahan concurred with Mr. Coward in that it may be a bit premature to construct County Road 116 due to the uncertain future location of Highway 12 and other such issues. It was his belief that the County was going about this backwards. CounciImember Nettles recollected a previous meeting wherein three representatives from the County were present. As he recalled, the emergency vehicle access purpose of the Road was discussed little, but the "grid layout" of the County road system was mentioned several times. The need for a major north/south road was needed for purposes of form. There was no other justification for constructing the Road other than some of the Medina citizens were requesting it, and there was a desire to have another access to Lake Minnetonka. County Commissioner Jude stated that he would be meeting with a group of concerned Medina citizens. It was his belief that the County would act according to the desires of the Cities of Medina and Orono. He said that he would be happy to represent the position of Orono on both the County Road 51 and County Road 116 issues. Mayor Grabek expressed his belief that there was political pressure motivating the County for construction of County Road 116. County Commissioner Jude reiterated his belief that the majority of Medina was in favor of the Road. Mayor Grabek said that the opinions he had heard from Medina citizens were in opposition to the Read. However, the Medina City Officials were in favor of it. County Commissioner Jude said that he had not been aware of any opposition until just recently. Mayor Grabek asked County Commissioner Jude to keep himself, the Council and City Administrator Bernhardson apprised of any information he may obtain from upcoming meetings or otherwise. County Commissioner Jude agreed to do so. NIVUTBS OP THE OROHO COUKIL MBBTING OF FEBROARY 27, 1989 COUETY ROAD 116 CONTINUED It was moved by Mayor Grabek, seconded by '!ounclImember Peterson# to table any further discussion on County Road 116 at this time. Notion# Ayes^S# Nays*«0, Motion passed. 3399 CRYSTAL BAY ROAD - VALUATION Mr. Jerry Wheeler was present to express his concerns for property values for himself and his neighbors. He referenced a letter received from the City Assessor in response to a letter he had sent questioning the lowering of property values due to the low lake level. Mr. Wheeler and his neighbors wanted to know# prior to appraisals being done, whether the City intended to lower property values because of the inaccessibility to the lake. Mr. Wilde# one of the City's Assessors# responded to Mr. Wheeler# saying that the Assessor's Office did not have the time or interest to examine the bay. Mr. Wilde told Mr. Wheeler that state law prohibited him from using personal judgment in determining values# and that he must solely rely upon comparable values for comparable Orono real estate. Mr. Wheeler felt that there was no other bay other than Black Lake that had "hip-high" mud with 2' of water for 300 yards. Mr. Wheeler and his neighbors were asking the City Council either contact the City Assessor and ask them to look at the properties in question# or explain why they were not entitled to ask to have their properties examined. Mayor Grabek explained that the City has been sensitive to prc '^ms that are environmentally caused. However# he said that the City could open up a pandora's box# if a valuation revision was made for every individual problem that may occur. Mr. Wheeler stated that he found Mr. Wilde's explanation to be unacceptable. Mayor Grabek suggested that there should be another attempt of communication between the Assessor and Mr. Wheeler. Mr. Wheeler pointed out that the reason behind hiring an individual assessor# opposed to using Hennepin County# was to have someone that would be more responsive to the needs of the Orono area. Mr. Wheeler was requesting that someone talk to the Assessor and ask them whether or not they are willing to examine t.1e block in which Mr. Wheeler resides. CounciImember Goetten questioned when Crystal Bay Road would be scheduled for a routine review. City Administrator Bernhardson did not recall. Re added that he had contacted City Assessor# Rolf Erickson# and th^t it was Mr. Erickson's Intention to send a letter of explanation to Mr. Wheeler. Goetten informed Mr. Wheeler that there was a Board of Review that was scheduled specifically to hear the concerns of property owners regarding valuation. M’^ Wheeler responded that he did not want this issue adcrcdsed individually# but rather as a group. He felt that the ent.re neighborhood was impacted# not just his property. Mayor Grabek reiterated his belief that another attempt MmUTBS OP THE OROHO COUNCIL MBBTING OP PBBRDART 27, 1989 3399 CRYSTAL BAY ROAD CONTINDBD Should be made to have Rolf Erickson contact not only Mr. Wheeler, but the other affected residents as well. Mr. Wheeler indicated that would not be necessary. He would prefer to have Mr. Wilde's comments pertaining to the way in which appraisals were done addressed. Mayor Grabek replied that the City would look into this issue further and see to it that Mr. Wheeler receive a proper response. 3572 LIVIN6ST0N-DRAIHA6B Karen Cuff was present for this matter. City Administrator Bernhardson explained that the Cuffs were requesting assistance in correcting a drainage problem that exists on their property. The Cuffs wish to construct a garage on their vacant lot, but would be severely restricted in doing so because of the drainage location. The Cuffs are requesting authorization for the City Engineer to determine the cost of a feasibility study and to obtain clarification from the City Attorney regarding the issue of requiring a petition of 351 of affected property owners. Ms. Cuff had taken pictures showing the property upon which she intended to build a garage. She explained that at one time the City of Orono had dug a trench 18* inco the Cuff property to drain the low spot in the street. Public Works Director Gerhardson had discussed alternate drainage to alleviate the current problem. Rather than using the existing storm drain system in the new development, there is some drainage now occuring behind Cu f*s property on Crystal Place, through a 5* easement on the east side of their property and through the property behind them. Everything north of Cuffs has a downhill grade and would allow for a more economical method of draining the water away from their house. Mayor Grabek questioned the City's responsibility in this type of a situation. City Administrator Bernhardson was not sure about the City's obligations, however this issue was previously reviewed by the City in 1985 and a swale was installed as a solution. The problem now exists because the Cuffs want to build their garage where the swale is located. Bernhardson said that the 35% issue still needed to be researched, but regardless of what was determined, he did not believe that the City would be compelled to do anything. Ms. Cuff said that she had talked with some of her neighbors and they had indicated that if the project could be done with financial reasonableness, they would not object. Mayor Grabek suggested taking whatever steps were necessary to find out the legalities of neighbor participation and any other ramifications that needed be researched- He suggested having the matter resolved by tb »d of April. It was moved by Mayor G' * v, seconded by CounciImerober Nettles, to table this item an<”' . ct Staff to bring forward any lUMUTBS OP TBB ORONO COUNCIL MEETING OF FEBRUARY 27, 1989 3572 LIVIN6ST0N-DRAI1IAGB CONTINUED information they may have by the March 13, 1989, Nays«0, Motion passed. Motion, Ayes«5, SBNBR SERVICB/HIGSilAy 12* It was moved by CounciImember Nettles, seconded by CounciImember Peterson, to direct the Engineer to complete the necessary studies and layout for sewer service to the Rebers' property. Costs for the project when brought forward would eventually be paid by those who would be served by this additional capacity, be it through a connection charge and/or an assessment. Motion, Ayes«5, Nays«0, Motion passed. FACILITIES SITE AHALYSIS CounciImember Goetten questioned whether the site location for the new facility was the only issue at this time? She said that she would have a difficult time determining any costs until the site was determined. City Administrator Bernhardson replied that site location would be discussed at the upcoming meeting. Counci Imember Goetten inquired as to the involvement of the Planning Commission. Bernhardson said that this issue could be discussed at a joint meeting. Mayor Grabek said that the Planning Commission should be kept abreast of this issue. However, he did not feel that a joint meeting should be held to discuss every aspect of the facility site analysis. Goetten believed that the Planning Commission should be involved with this process. CounciImembers Callahan and Nettles concurred with Mayor Grabek in that the Council should do the initial reviews and determinations and then the Planning Commission input should be sought. CounciImember Peterson indicated that she too agreed with Mayor Grabek. It was moved by Mayor Grabek, seconded by CounclImember Nettles, to accept the analysis from Boarman and Associates and table discussion until a special meeting. Motion, Ayes«4, CounciImember Goetten, Nay, Motion passed. INFORMATIONAL MEETING After some discussion, it was determined that it would be best to leave the Informational meeting as scheduled for March 8, 1989. It was moved by Mayor Grabek, seconded by CounciImember y^ttles, to have an informational meeting to review the site analysis work on March 8, 1989. Motion, Ayes»5, Nays*0, Motion passed. 1910 SHADYNOOD ROAD* It was moved by CounciImember Nettles, seconded by CounciImember Peterson, to accept the information concerning 1910 Shadywood Road. Motion, Ayes~5, Nays»0, Motion passed. MINUTES OP THE ORONO COUNCIL MEETING OF FEBRUARY 27, 1989 APPOINTMENT OF PART TIME OFFICER CounciImember Goetten questioned whether a letter had been drafted and presented to Officer Morrow from the City Council. City Administrator Bernhardson stated that he would see to it that thobe Councilmembers who had not signed the letter had an opportunity to do so before presenting the letter to Officer Morrow. CounciImember Peterson questioned the salary at which the new part-time officer would start. Bernhardson explained that the position, as of the January 1, 1989, would involve more than 20 hours a week and consequently a different pay scale. Counci Imember Peterson asked if Mr. Kuyper had been deemed physically and psychologically fit. Chief Kilbo responded that Mr. Kuyper would not be put to work until the written results were received. It was moved by CounciImember Goetten, seconded by Councilmember Callahan, to appoint Scott Kuyper to the position of part time officer on a probationary status at an hourly wage of $9.24 per hour with prorated benefits as established in the plan effective date no sooner than March 1, 1989, or cj soon as practical, conditioned upon being deemed prysically and psychologically fit subject to normal probation for an officer. Motion, Ayes*5, Nays»0, Motion passed. POSITION APPOINTMENT-LIBUTENANT Councilmember Goetten expressed her surprise at this item being placed on the consent agenda. She felt that this was an important issue and had a number of questions. She wanted to know what the additional cost would i»e to add a third lieutenant and whether the person with the second highest score would be selected for that position. City Administrator Bernhardson replied that he was not bringing forward the request for the third lieutenant at this time. He and the Chief had not discussed the aspect of automatically filling that position with this "number two" person . Councilmember Goetten stated that she did not understand the procedure that determined the person that was number one on the list. She wanted to be provided with that information, in addition to the financial ramifications of adding a third lieutenant. Goetten also wanted to know what the percentage of administration versus street activity each lieutenant would perform. She asked whether the lieutenants would be determining the shift rotation and who was currently performing that duty? Bernhardson responded that shift rotation was determined at the beginning of each year by Chief Kilbo. Councilmember Peterson asked for clarification as to the term "lateral organization". Bernhardson explained that thf! chain of command would be "flattened out" by having three MimiTBS OF THB ORORO COUNCIL NSBTIN6 OF FEBRUARY 27, 1989 POSITION APPOINTMENT-LIBUTBNAHT CONTINUED lieutenants that would report to the Chief, one person supervising 12 or 13 people. It would alleviate CounciImember Peterson recollected that this selection process had been done a few years back and asked why those test results were not used in this case. Bernhardson explained that there were additional people eligible this time, that were not the previous time. He did not feel that it would have been accurate to use the test results from two years ago at this time. Bernhardson and the Chief did not feel that the process used two years ago produced the kind of results they were seeking. Chief Kilbo concurred. CounciImember Peterson asked why a person that tested to be number 5 two years ago, finished number one this time around. Chief Kilbo responded that due to the fact that the Police Department was not a c^vil service organization, there was no need to list officers ^y merit. CounciImember Peterson opined that the testing appeared to be more of a **popularity contest". Chief Kilbo disagreed and stated that he had worked with the officers and that it was his job to pick the person that he believes will do the best job. He said that he has to pick someone that will reflect his ideals and standards for the entire police department. CounciImember Peterson expressed her belief that the police department was suffering from low morale and that perhaps an outside source should be sought to evaluate the situation. Chief Kilbo did not agree that there was low morale and sighted the various achievements of the police department over the last year. Councilmember Peterson encouraged Chief Kilbo to increase his communication with his officers. Kilbo stated that his door has always been open. Ms. Heidi Morowczynski, questioned why the shift commander positions were never established as it was suggested they would be? Mayor Grabek questioned whether Ms. Morowczynski*s husband was on duty? She replied that he was not and added that many of the officers were intimidated to speak up and felt they were not heard. Councilmember Goetten assured the Council that she had the highest respect for the person be recommended to fill the vacant lieutenant position. She questioned the term "in basket exercise". Chief Kilbo responded that it i' olved a group of 20 written questions that relate to everyday cvc:urences within the police department. The questions are designed to determine management and leadership qualities. Councilmember Peterson informed Chief Kilbo that she had no problem with his prospective appointment. Her concerns involve the manner in which the determination was made. Ms. Becky Anderson questioned why the prerequisite for NIHUTBS OF THE OROHO COOMCIL MBBTI46 OF FBBROART 21, 1989 POSITION APPOmTMEHT-LIBOTBHMrr CONTIHIIBD testing was changed to allow for certain persons to test. She also questioned the drastic contrast between the scores achieved by the outside testing versus the Chief/Administrator evaluation. Mayor Grabek expressed his belief that the criteria involved in each of these areas were management technics and philosophies and that they should not be discussed in an open meeting. He added that if there were concerns and questions about management's technics, that it would be looked into. He encouraged the Ms. Anderson's and Ms. Morowczynski's husbands to approach management or himself to voice their opinions. Ms. Morowczynski questioned whether coming forth would jeopardize the Officers' job security. She said that was a reason why the officers were afraid to speak out and that they did not trust management. Mayor Grabek stated that the matter would be looked into. CounciImember Goetten said that it was not her intention to question the methods of the City Administrator. However, there were some questions that needed to be discussed. It was moved by CounciImember Goetten, seconded by CounciImember Peterson, to table this item. Mayor Grabek agreed that in lieu of the concerns that had been raised, that tabling was appropriate. Councilroember Callahan did not object to tabling this item, but questioned what it was that needed to be investigated. Mayor Grabek answered that there were certain issues that were brought forth. CounciImember Nettles observed that if the Council was questioning the process, and the two persons that were being asked to supply that information were the persons directly involved with the process, how would the Council go about it? Mayor Grabek said that it would be up to him to sit down with individuals involved and come back to the Council at the next meeting with a recommendation as to how to address the situation. Motion, Ayes*5, Nays»0, Motion passed. EURASIAN MILFOIL-RESOLUTION #2584 CounciImember Goetten asked that a clarification be made as to whether the agreement was to contribute $15,000.00, or up to $15,000.00. It was moved by CounciImember Goetten, seconded by CounciImember Peterson, to amend Resolution #2584 to read "contribute $15,000.00" and to adopt Resolution #2584 for transmission to the Lake Minnetonka Conservation District. Motion, Ayes»5, Nays*0, Motion passed. 1988 SUMMARY OF RECEIPTS, DISBURSEMENTS i BALANCES It was moved by Mayor Grabek, seconded by CounciImember Goetten, to accept the Summary of Receipts, Disbursements and Balances for the Twelve Months Ended December 31, 1968, as presented. Motion, Ayes*5, Nays*0, Motion passed. ENTRANCE SIGNS* ^ ^ wIt wc- moved by CounciImember Nettles, seconded by CounciImember Peterson, to table the Fullerton application for NIMUTBS OF THE OROHO COUNCIL MEETING OF FEBRUARY 27, 1989 ENTRANCE SIGNS CONTINUED center island median until the March 13, 1989 Council Meeting. Ayes«5, Nays»0, Motion passed. LETTERS OF REaxailTION-CHARLOTTB KNUTSON & ROBIN NIKELSON* It was moved by CounciImember Nettles, seconded by CounciImember Peterson, to accept the letters of recognition for Ms. Charlotte Knutson, Sr. Accounting Clerk, and Ms. Robin Mikelson, Asst. Finance Director, for their efforts in the payroll conversion. Motion, Ayes»5, Nays»0, Motion passed. EQUIPMENT PURCBASE PUBLIC NORXS-STREBTS* It was moved by Counci lm<;mber Nettles, seconded by CounciImember Peterson, to approve the purchase of one single axle dump truck from Boyer Ford of Minneapolis for an amount of $40,325.00. ADMINISTRATOR'S INFORMATION* CounciImember Goetten reminded City Administrator Bernhardson that she had requested some clarification and information regarding this. City Administrator Bernhardson acknowledged her request. Goetten wanted assurance that Mr. Ruyper would go through stun gun training prior to using a stun gun. City Administrator Bernh'^rdson assured he would. It was moved by CounciImember Nettles, seconded by CounciImember Peterson, to accept the City Administrator's Information regarding: Stun Gun Training; M.W.C.D. Operations Plan; City Administrator's Vacation; Highwood Sewer; and Metropolitan Waste Control Commission Publication. Motion, Ayes»5, Nays**0, Motion passed. CITY ATTORNEY'S REPORT: There was no report from the City Attorney. LICENSES* It was moved by CounciImember Nettles, seconded by CounciImember Peterson, to approve the following license: Septic System Installer: Don's Backhoe and Excavation 11585 - noth Street Cologne, MN Roto-Rooter Services 14530 27th Avenue North Minneapolis, MN Thompson Plumbing Company 12201 Minnetonka Blvd. Minneapolis, MN Widmer Inc. P. O. Box 219 St. Bonifacius, MN NINDTBS OF THE ORONO GODHCIL MBBTING OP PBBRDARY 27, 1989 Residential Kennel: LICBRSBS COMTimiBD Jerry Johnson Excavation 2445 Morningside Road Long Lake, MN Marilyn Pickard 4607 Watertown Road Long Lake, MM 55356 John Baker 4680 West Branch Road Mound, MN Rollie and Nancy Martin 2675 Shadywood Road Excelsior, MN 55331 Motion, Ayes»5, Nays^O, Motion passed. BILLS* It was moved by CounciImember Nettles, seconded by CounciImember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes«5, Nays«0, Motion passed. ADJODRNMEBT 9x45 P.N. It was moved by CounciImember Peterson, seconded by Mayor Grabek, to adjourn the Regular Council Meeting at 9x45 p.m. Motion, Ayes*5, Nays*0, Motion passed. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek^ Mayor Proa: Data: Subject: COUNCIL MEETING MAR 131909 Michael P. Gaffronr Asst Planning & Zon^^^cflEiORONflo: Mayor Grabek Orono Council Members City Administrator Bernhardson March 6, 1909 *1363 Rog( Variance/C. Becky Berry, 1392 Baldur Park Road - •nal Use Permit - Resolution Soning District - LR-IC, single family, 1/2 acre, sewered Application - Request for variances for hardcover, average lakeshore setback, and conditional use permit/variance for grade changes in 0- 75' lakeshore setback zone. List of Exhibits Exhibit A * Planning Commission Minutes of 2/21/89 Exhibit B - Planning Commission Action Notice of 2/24/39 E:^ibit C - Resolution Exhibit D - Memo 6 Exhibits of 2/14/89 Discussion - Please review the memo and exhibits of February 14, 1989. The applicants are proposing to remove the existing residence structure on the property and replace it with a new home. The original request included moving the new structure further back from the lake than the existing house but not totally out of the 0-75' zone. That was subsequently revised at the direction of Planning Commission to be totally outside the 0-75* setback zone. There is still the need for a variance for an average setback encroachment of 2*, and a hardcover variance in the 75-250' zone. Increasing from 26.5% to 31.9%. This is a double lot, with total area approximately 31,000 s.t. Existing overall hardcover is 6,700 s.f. The original request for 8,296 s.f. was subsequently revised to 6,833 s.f., hence there is a net hardcover increase on the property of 133 s.f. The project is proposed to include a 3-car attached garage and the detached garage near Baldur Park Road will be removed. There is a need to do some minor grading in the 0-75' zone, both north and south, in order to fill in the hole remaining from the foundation of the existing house and blend in the contours, in addition to rebuilding the driveway to minimize both its length and grade slopes. Planning CiimI salon Reconnendatlon At their February 21, 1989 meeting. Planning Commission recommended 6 to 0 to approve the following variances and conditional use permit based on the following findings: Zoning File »I363 March 6, 1989 Page 2 of 2 1- 0%? Ap|^6lne 'hardcover percentages per revised proposal (0-75* north: 75-250*1 31.9%; 0-75* south: 25.1%), finding that 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. Also, the hardcover increase in the 75-250* zone is justified by removals In the 0-75* zone. All of the proposed hardcover is necessary to preserve the substantial property rights of the owners. In order to adhere to these hardcover percentages, the applicants will construct a 3-stall attached garage, remove the existing detached garage, and straighten the driveway. 2. Approval of t '.e average lakeshore setback encroachment of 2* was recommended for approval, finding that the actual views of the lake enjoyed by neighboring property owners will suostantially 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 mature oak tree on the property without redesigning the proposed residence. 3. The conditional use permit and variance to allow regrading of the driveway and filling the old basement excavation to blend into existing contours which will occur in the 0-75* zone, is justified as being a benefit to the property and necessary in order for applicants to develop the property under the hardcover conditions Imposed. 4. The hardships shown and variances requested are consistent with those of neighboring properties which have developed in the immediate neighborhood in recent years. Planning Commission further found that the revised proposal met the spirit and intent of the Planning Commission's prior direction to the applicant. V Staff Rero—endation Staff recommends approval per the Planning Commission recommendation, per the attached resolution. MIHUTBS OF THE PIAinilRG COMMISSIOH MBBTIHG PBBRDARY 21 r 1909 #1363 ROGER & BBCRY BERRY 1392 BALDOR PARR ROAD VARIAHCES CONTINnATION OF PUBLIC S^'AlING 7:05 P.M. - 7:10 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The Commissic ^licant was present for this Ver (Planning •' •'wn was also present at this t . Ass ianring and Zoning Administrator Gaffron informed the Plannii->. emission that the Berry's were bringing forth a revised proposal resulting from the January 17, 1989 Planning Commission Meeting. The house will now be located behind the 0- 75* setback line but will still require an average lakeshore setback variance. In the 73-250' zone, hardcover will be increased from 26.5% to 31.9%. Hardcover in the 0-75' zone on the south side of the property will remain at 25.1%; on the north side, 0-75* zone, hardcover will be reduced to zero. Chairman Kelley questioned the Berrys* proposal for a three- car garage. Mr. Berry clarified that he would be agreeable to add an attached three-car garage and remove the detached garage. Gaffron observed that such a proposal would offer a fairly even trade in hardcover. Kelley expressed his preference for this proposal. Planning Commissioner Cohen concurred, as did Hanson and Moos. Kelley recommended that approval of this application be conditioned upon the removal of the detached garage and straightening the driveway. The Berrys would then be able to build a three-car attached garage. Gaffron explained that only minor grading would be necessary with the revised proposal. This would be accomplished by raising the east end of the house approximately 2*. Grading in the 0-75* zone will be necessary to bring the old basement excavation back to a conforming grade. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Planning Commissioner Hanson, to recommend approval of the hardcover variance as proposed: 0-75 (southside) 25.1%; 0-75 (northside) 0%; and 75-250 31.9%. The existing garage will be removed and a third stall added to the attached garage. The driveway is to be straightened. It was further recommended that a variance and conditional use permit allowing 4.11 ling and grading within 75* of Lake Minnetonka be approved for the driveway reconfiguration and grade restoration at the old basement, along with a 2* average lakeshore setback variance. The hardship in this application is that the applicant met the spirit of the revisions requested by the Planning Commission and has reduced the hardcover within the 0-75 ’ zone and the average lakeshore setback. Bellows questioned the elevation of the existing basement? Mr. 3erry replied that it was approximately 18". She NIHDTBS OF THE FLAinmiG COMMISSION MEETING FEBRUARY 21 r 1989 ZONING FILE #1363-BERRY CONTINUED asked that all of the elevations appear on the plans. Ayes«6, Nays-0, Motion passed. Motion, #1367 STEVE HARRIS 3850 NATERTOffN ROAD CONDITIONAL USE PERMIT It was moved by Chairman Kelley# seconded by Planning Commissioner Bellows to table this item to the March 20, 1989, Planning Commission Meeting, as requested by the applicant. Motion, Ayes>6, Nays»0, Motion passed. #1369 CHARLES KICXHAFER 1040 TOMHLINB ROAD VARIANCE PUBLIC HEARING 7:19 P.M. - 7:20 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicant was present for this matter. Zoning Administrator Mabusth informed the Planning Commission that Mr. Kickhafer was requesting a front street setback variance in order to construct an attached garage. Due to accessory improvements previously made to the rear of the property, placement of the garage to the rear of the house becomes impractica1. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Planning Commissioner Hanson, to recommend approval of this application, granting the 30* front yard setback variance for the purpose of constructing a single story garage 24*x 24*. Mr. Kickhafer*s hardship is that he has no garage and the house was built prior to the 5-acre zoning amendment. Bellows added that the topography of the land was also a hardship. Motion, Ayes*6, Nays»0, Motion passed. #1371 ROBERT 6 TERESA MINKEMA 3200 BAYSIDE ROAD VARIANCES PUBLIC HEARING 7:21 P.M. - 7:25 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Minkema was present for this matter. Assistant Planning and Zoning Administrator Gaffron explained that the Minkemas were in need of front and side street setback variances in order to construct an addition onto their existing residence. There were no comments from the public regarding this matter cm OF OROHO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FIL2 NO. 1363 NOTICE OP PLANNING COMMISSION ACTION Date of Notice: 2/24/89 TO* Roger 6 Becky Berry 1392 Baldur Park Road Wayzata, MN 55391 COPIES TO: Rod Lund Woodridge Corporation 10800 Lyndale Ave S, St 234 Bloomington, MN 55420 TYPE OP APPLICATION* Variance/Conditional Use Permit DATS OP MEETING: 2/21/89 VOTE: 6 For 0 Against Planning Comlsslon reconnenda the following: Approval subject to conditions noted below NO^^ES AMD SPECIAL CONDITIONS: 1. Approve hardcover percentages per revised proposal (0-75* N: 0%; 75-250*: 31.9%; 0-75* S: 25.1%). 2. Construct 3-stall attached garage, remove existing detached garage, straighten driveway. 3. Filling old basement will be allowed in N. 0-75* zone, blend into pre-existing contours. 4. Approve average lakeshore setback encroachment of 2*. 5. Hardships noted: per staff memo of 2/14/89, Option 1; also that revised proposal meets the spirit and intent of prior Pi: ng Commission direction to applicant. Applicant's next scheduled meeting is confirmed as: City Council March 13, 1989; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commi'ision mJrutes, they are available from the City Recorder after review and approval by the Planning Commission. A RBSOUmOH GKAimilG Mni^AL'Mim CC»B SBcnoa 10.22, subdivisions 1 • 2, AND SBCnON 10.55, SDBDIVI810H 8, ^ AND GRANTING A CONDITIONAL OSB PBRNIT PBR SBCnON 10.03, SUBDIVISION 19 PILB NO. 1363 NBFRBAS, Ro^er i Becky Berry (hereinafter "the applicants”) are the owners of vhe property located at 1392 Baldur Park Road within the City of Orono (hereinafter "City") and i. lly described as follows: -i. Lota 17 and 18, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); and WHBRBAS, the applicant has made application to the City of Orono to permit the construction of a new residence to replace 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 norma My ■llowed 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: ■OW, THBRBFORB, BB IT RBSOLVBD by the City Council of Orono# FINDINGS 1. This application was reviewed as Zoning Pile #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 * 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 f lake enjoyed by neighboring property owners will substanti ' ; 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 mature 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 of the lake, and therefore rjquires a longer driveway with its associated hardcover. P) Granting of the conditional use permit and variance for grading in the C-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 occurlng 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. Page 2 of 6 5* The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditioner lightr 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. The City Council finds that granting a conditional use permit to allow 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. COHCLOSIOHS, ORDER AHD COUP .TIOHS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning 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 10.22, Subdivision 2 to allow hardcover of 25.1% in the southerly 0-75* 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 10.03, Subdivision 19 to allow regrading of the yard areas in the 0-75* lakeshore setback zone where filling and grading is normally not allowed, subject to the following conditions: 1, Construction shall adhere to the site plan attahced to this resolution as Exhibit A. Page 3 of 6 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 garage shall be removed and the driveway shall be reconstructed in a manner such that hardcover in that zone shall not exceed 1,093 s.f. In the 75-250* zone, hardcover shall not exceed 31.9% or 4,940 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 removed residence back to pre-existing grades conforming with the shape and slope of the pre-existing topography. No cuts in the 0-75* setback zone have been approved for creation of a walkout. In the southerly 0-75* zone, grading is allowed as necessary to minimize the length and slope of the driveway as well as the hardcover associated with it. All areas in the 0-75* zone she 3 1 be immediately seeded or sodded after completion of grading, and all grading work on the property shall be subject to erosion control measures as may be required by the City. 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 only 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 and 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 variance run with the property not with the owner, 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 (March 13, 1990). 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 termi^te any authority granted herein, and shall be punishable as a misdeiijienor. Page 4 c>f 6 8. The undersigned owner has read, understood and hereby agrees to the terras of this resolution and on behalf of hiraself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. 1989. ATTEST X Adopted by the Orono City Council on this 13th day of March, Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owne^TsT STATE OP MINNESOTA ) ) S3. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this -- - - of _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _, 19_ _, 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 5 of 6 ^^ -:=^ -5= -•A.-7. Planning Commission Chairman Kelly Orono Planning Commission Members*-^ Date: Subject: > - City Administrator Bernhardson ^ Michael P. Gaffron, Asst Planning &“^ning Administrator ' ^ February 14, 1989 " ' ' *\T #1363 Roger & Becky Berry, 1392 Baldur Park Road <o Variance/Conditional Use Permit - Continuation of Public Hearing —.-r -k Zoning Dlatrict - LR-IC, single family, 1/2 acre, sewered Application - Request for variances for hardcover, average lakeshore setback, and conditional use permit/variance for grade changes in C- 75' lakeshore setback zon«. List of Exhibits Exhibit A - Revised Elevation Views Exhibit B “ Revised Site Plan Exhibit C - Revised Hardcover Numbers Exhibit D - Staff's Review of Revised Hardcover Numbers Exhibit E - Planning Commission Minutes of 1/17/89 Exhibit F - Notice of Planning Commission Action of 1/24/89 Exhibit G - Memo & Exhibits of 1/11/89 Pertinent Facts - ‘:?he applicants have revised their site plan as follows: 1. Deck layouts have been revised and the house moved back so there is no encroachment into the 0-75' setback zone. 2. The house has been revised to incorporate multiple levels. The garage has been lowered approximately 2* to make the driveway less sloped. The east end of the house has been raised approximately 2' so that no grading to create a walkout cut in the northerly 0-75' zone is necessary, except that grading necessary to bring the old basement excavation back to a conforming grade with the rest of the property and the new residence. 3. The applicants propose to keep the existing detached garage but remove the excessive hardcover surrounding it, which will result in a slight decrease in overall hardcover on the property from what was originally proposed, per the table below. Zoning File #1363 February 14, 1989 Page 2 of 4 0-75'(S) 75-250* 0-75*(N) 0-75* (N & S) TOTAL H.C. OVERALL % OF LOT S.F. Existing 1,893 (2571%) 4,110 (26.5%) 697 ( 8.8%) S.F. Original Proposal 1,893 (25.1%) 6,043 (39.0%)-^ 362 ( 4.6%)<r S.F. Revised Proposal 1,893 (25.1%) 4,940 (31.9%). 0 (0%)^ S.F. Zone Area *’,548 ,500 ,950 15 7 2,590 (16.7%) 2,255 (14.6%) 6,700 21.6% 8,298 29,8% 1,893 (12.2%)< 6,833 22.0% 15,498 30,998 Net Increase ■ 133 s.f. overall 4. The applicants have placed the house far enough east on the property to allow a future expansion of the two-car attached garage to accomnodate a future third stall while maintaining tne required 10 side setback. Discussion - The elimination of patio and gravel hardcover to the east, west and north of the existing garage, coupled with elimination of a driveway backup apron and narrowing of the driveway leading to the house, ref Its in a net increase of hardcover on the property of 133 s.f. The hardcover is more concentrated in the 75-250* zone under the revised proposal. Note that the tr..e the applicants had wished to save will «nd up approximately 7* from the corner of the house. The applicants had considered cantilevering a portion of the house nearest the tree, but plans submitted as of this writing do not clearly indicate whether that canti levering will occur. Options for Planning ComBission Action - The following are possible courses of action the Planning Commission may wish to follow; 1. Recommend approval per the revised plan. Planning Commission should make specific findings regarding granting the average setback encroachment of 2*, and the additional hardcover in the 75-250* zone. Potential findings could Include: a) Hardcover is being totally removed from the northerly 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 run-off entering Lake Minnetonka. Zoning File #1363 February 14, 1989 Page 3 of 4 b) The hardcover increase in the 75-250' zone is justified by removals in the 0-75' zone. All of the proposed hardcover is necessary to preserve substantial property rights of the owners. c) Average lakeshore setback variance 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 mature oak tree on the property without re-designing 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 of the lake, and therefore requires a longer driveway. f) The plight of the landowners is due to circumstances unique to t-heir property and were not created by the landowner. g) Granting of the variances requested will not alter the essential character of the locality. 2. If Planning Commission wishes to deny the application, opposite findings from those noted above should be included in your recommendation . 3. Table for further information or revision. If this option is chosen. Planning Commission should give applicant clear direction what additional revisions are necessary. If a recommendation for approval is forthcoming. Planning Commission should consider including the following conditions of approval: 1. Removal of all hardcover items noted by applicant as being proposed for removal on the revised plan. 2. Property owner shall be required to grade the area of the removed foundation back to original contours, as verified by the City Engineer. Zoning File #1363 February 14, 1989 Page 4 of 4 3. Applicant is advised that a future proposal for addition of a third stall to the existing garage will require an additional hardcover variance application at the time such addition is proposed. Applicant is further advised that no additional hardcover will be allowed on this property above that granted with this current variance request, but any future proposals to add hardcover on the property will likely be approved only with concurrent removals of existing hardcover. 4. Applicants are further advised that the travelled portion of Baldur Park Road extends within the property boundaries and 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. /\joferH ez^4^o/^ F=^eo^ . '■ ii:..jOemh/ .i. //aooc^sm- a4 ,V ■ ? I'l iW. ------................................... c'A^iuaie. ................7.Fje»tJr ••• w.-f 3°KJhffr^-?n°-'.ST?*^...^ott?.^.__^ ■ “-----------------------!<' d.? .«r J«®-»•*»«» *. — *>• .iV - i . .;rv< dV jf- ~..^ ,s. o y ■^TT*- •*-•' ••; y ‘{t:'^: ••'■.••' .‘it . lir -ttj' - ;!» -----JOjAli- ~ ........ i-t.-.4? f . . ?» . 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AJ€j.t«^e ‘'2 ^ \Ua.^co\Jva. /^t^ejr^r o <s/V(4.A<ie O-T)^' - A->2> -'^i/C-TfeNJT ’.^c- F/COy^ tf«/4/A-4<^ f(«-«»Pos.Au ^’^>1 yo C(kt.i^ MINUTES OP THE PLANNING COMMISSION MEETING JANUARY 17, 1989 ZOmiiG PILE «1362-HAaSER CONTINUED the applicant if he had discussed this proposal with his neighbors? Mr. Hauser replied that he had and the neighbor to the south had no objections. Mr. Schoenwetter explained that the neighbor to the north had no opinion, mainly because he was selling his house and moving to Florida. Bellows commented that the "leap frogging" circumstance was typically considered when reviewing average lakeshore setbacks. She questioned what would happen to the property directly north of Mr. Hauser's. Gaffron depicted the lakeshore setbacks for the properties to the north. Kelley observed that if one were to draw a line between the two houses on the north to the south, it would run out into the lake. The same would occur on the south side. This is typical of properties located on points or peninsula's, as is this property. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Planning Commissioner Cohen, to recommend approval of application #1362, subject to a hardcover reduction of 417 s.f. from whatever source available, and to approve the average lakeshore setback as defined. The hardships of this application would be the property being located on the point and the addition being 160* from the lakenhore. Motion, Ayes«7, Nays»0, Motion passed. ROGER 6 BECKY BERRY BALDOR PARK ROAD VARIANCES HEARING 8:42 P.M. - 8:55 P.N. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicants were present for this matter. As explained by Assistant Planning and Zoning Administrator Gaffron, the Berry's were seeking variances in order to demolish an existing residence and rebuild. Currently the hardcover on the property consists of a detached garage, as well as a driveway that continues uphill to the existing house. The proposal calls for a new residence with a porch, deck and attached garage. The driveway would remain in the same area, but rould become slightly steeper. It is the intention of the Berry's to maintain the detached garage. In order to access the new, attached garage, it ^ " 1 be necessary to raise a portion of the yard by bringing in J.I in the south 0-75' zone. The Berry's are proposing a walk out which will require grading to be done within the north 0-75' zone. One of the reasons the Berry'^ preferred not to locate the house further back to meet the average setback, is to preserve a mature red oak tree. Gaffron said it would be necessary to make a 2' cut in order to achieve the walk-out. Planning Commissioner Bellows expressed her reservations of MINUTES OF THE PLANNING COMMISSION MEETING JANUARY 17, 1989 ZONING FILE «1363-BERRY CONTINUED allowing variances for a new residence. She felt that a walk-out should only occur as a result of the existing topography of the lot, otherwise another plan should be used. This would be especially true if grading in the 0-75* zone were necessary to achieve a walk-out. Mr. Berry explained that the walk-out would not create that much difference than the existing basement. Mr. Rod Lund, the Developer for the Berry's, presented photographs showing the existing residence, gar:^ge and the oak tree. He gave a brief description of what he was proposing v.o accomplish. Planning Commissioner Hanson did not believe the proposed house fit well with the site. Hanson questioned whether the oak tree would survive v.he construction. Mr. Lund had consulted a professional who informed him that the tree would bend toward its roots, hence this tree appeared to have its main roots away from the area to be disturbed. He also had an estimate from a tree service that valued such a tree at $4,400.00. Planning Commissioner Johnson believed that any grading that occurred would threaten the oak tree. Planning Commissioner Brown said that the Planning Commission had been fairly consistent in making new structures conform. Johnson commented that Baldur Park Road was a unique area that seemed to consistently require variances. However, due tc the 3/4 acres that the Berrys had to work with, he did not believe there should be a need for variances. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Planning Commissioner Cohen, seconded by Planning Commissioner Moos, to table this item. Kelley provided some direction for the applicants. The Planning Commission did not want to see any hardcover or cutting and filling on the north side in the 0-75*. Within the 0-75* zone on the south side the attached garage must be offset by removal of the detached garage. Mr. Berry expressed his desire to build a three-car garage if the detached garage had to be removed. Within the 75-250* zone it was the concensus of the Planning Commission not to allow more than 30% hardcover. They also wanted the applicants to adhere to the average lakeshore setback. Bellows informed the applicants that compliance with the Planning Commission’s requests would cause a substantial reduction in the size of the house. Kelley suggested that a footprint be drawn prior to an actual house plan. The applicant questioned the Planning Commission's opinion regarding the walk-out. Kelley stated that they would not allw a walk-out to be cut on the north side if it required grading in the 0-75* zone. The natural contours of the property must remain. Motion, Ayes«7, Nays»0, Motion passed. CITY OF OROHO P.O. Box 66 Crystal Bay, NN 55323 ZONING FILE HO. 1363 NOnCB OF PLAMHIHG CONNISSIOH ACTION 473-7357 Date of Notice: 1/24/09 Roger 6 Becky Berry 1392 Baldur Park Road Wayzata, MN 55391 COPIES TO:Rod Lund Woodridge Corporation 10600 Lyndale Ave S, St 234 Bloomington, MN 55420 '.TPB OF APPLICATION: Variance DATE OF NBBTIN6: 1/17/09 VOTE: 7 For 0 Against Planning Coaaission recoanends the following: Tabled for reasons noted below NOTES AND SPECIAL CONDITIONS: Tabled to allow applicants opportunity to revise proposal, direction given to applicants by Planning Commission: Genera 1 1. Northerly 0-75' Zone: a) Eliminate all hardcover. b) No cut/fill/grading except as necessary to restore old basement excavation to blend with existing grades. 2. Southerly 0-75* Zone: a) Reduce or eliminate hardcover associated with detached garage. Consider replacing detached garage with attached 3-stall garage. 3. 75-250' Zone: a) Meet average setback if possible. b) Limit hardcover to 30% (4,650 s.f.) in 75-250* zone. Applicants' next scheduled meeting is dependent upon receipt of revised proposal. Deadline for the Tuesday, February 21, 1989 meeting is Monday, February 13, 1989 or March 13, 1969 for the March 20, 1969 meeting. In all cases, the application must be continued with the submittal of requested information within 90 days or the City will consider the application as formally withdrawn. If the applicant has trouble obtaining additional Information, please contact the Zoning Department (473-7357). If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. Tto* Planning Commission Chairman Kelly Orono Planning Commission Members City Administrator Bernhardson Proas Michael P, Gaffron, Asst Planning & Zoning Administrator Date: January Hr 1989 Subject: #1363 Roger & Becky Berry, 1392 Baldur Park Road - Variance/CUP - Public Hearing Xoning District - LR-IC, single family, 1/2 acre, sewered Application - Request for variances for hardcover, lakeshore setback, and average lakeshore setback. CUP/variance for grade changes in 0-75* lakeshore setback zone. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit P - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Exhibit K - Exhibit L - Application Plat Map Property Owners List Neighboring Property Owner Acknowledgements Survey With Existing Site Plan Survey With Proposed Site Plan Preliminary Elevation Views Preliminary Floor Plans Proposed Grading Plan Hardcover Calculations Submitted Hardcover Review by Staff Baldur Park Area Variance Listing Pertinent Facts - 1. The property is bordered on the north and south ends by Lake Minnetonka. Per staff calculations, hardcover in the various zones is summarized as follows: 0-75*(S) 75-250* 0-75*(N) TOTAL 0-75* (N 6 S) Existing 1,893 s.f. |25.1%) 4,110 s.f. (26.5%) 697 s.f. ( 8.8%) Proposed 1,893 s.f. (25.1%) 6,043 s.f. (39.0%) 362 s.f. ( 4.6%) Zone Area 7,548 s.f. 15,500 s.f. 7,950 s.f. 2,590 s.f. (16.7%) 2,255 s.f. (14.6%) 15,498 s.f. 2. In the 0-75* zones, there is a net hardcover decrease of 335 s.f. The 75-250* zone, there is a net hardcover increase of 1,933 s.f. Overall, there is a net hardcover increase on the property of 1,598 s.f. Please review Exhibit K for a more detailed layout of hardcover on this property. In the north 0-75* zone, the existing house encroaches 19* into the average setback zone. The proposed residence will encroach approximately 9* into the average setback zone, with decks encroaching approximately 11* into that zone. Zoning File #1363 January Hr 1989 Page 2 of 4 3* The existing residence encroaches approximately 15' into the 0-75' lakeshore setbackr the existing house being 60' from the normal shoreliner with a deck being 59' from the shoreline. The proposed house at its closest point is 69' from the shoreliner with a deck area that averages 65' from the shoreline- The proposed house construction results in a net decrease of structure in the north 0-75' zone. The applicants are aware of the City codes requiring placement of structures to meet required setbacks when starting from scratch. Howeverr their intent in requesting the lakeshore setback variance is to preserve a 24" diameter red oak tree at the southeast corner of the house. Moving the proposed house 10' back to meet the required setbacks would likely result in destruction of that tree. 4. Grading plan. Staff requested a detailed proposed grading plan for this property, along with elevations of all sides of the house, to verify how grad'' will be changed. The new residence will be much larger and sprev -»ut than the existing small house. The applicants are proposing to make some grade changes near the house and in the driveway area to accommodate their house layout. The driveway area will be filled with 1-5* of material in order to even out the slope of the driveway. In the south 0-75* zone, the grading consists of filling above the existing driveway as much as 3', tapering down to original grade about 50* from the shoreline. In the north 0-75* zone, the applicants are proposing cuts of approximately 1-2* starting about 45* from the shoreline and working into the hill. The intent is to create a walkout level. A portion of this proposed cut is already basement area of the existing house, so the actual amount of dirt to be moved in the north 0-75' zone is estimated by staff at between 75 and 100 cubic yards. The City Engineer has been requested to review the proposed grading plan, and his comments are expected to be received prior to the public hearing. Discussion - Again we have before us a request for demolition of an existing small house and construction of a much larger residence on Baldur Park Road. This re-development of the Baldur Park peninsula has been occuring at a steady rate of approximately one residence per year. The current request is familiar in nature, but the property is unique within the Baldur Park area because it is a double lot with average width of just over 125', and a total lot area of almost three-fourths of an acre. The new residence is proposed to sit on top of the hill, which is also unique within Baldur Park, and applicants do not intend to make major changes to the character of the lot. Their main reason for requesting the lakeshore setback variance is that moving the house further south would encroach upon the previously mentioned oak tree, which with the other noted mature trees on the property help to mask the height of structures on the hill. Zoning File #1363 January 11# 1989 Page 3 of 4 Staff has suggested to the builder that the house optionally could be moved further west up to the required 10' side yard setback line# which would allow the possibility of meeting the required 75' lake setback. Due to the jog in the southeast corner of the house# it is likely the tree in question could still be saved. However# moving the house behind the 0-75' line does not appear to negate their need for grading in the 0-75* zone if a walk-out is to be constructed. The main floor of the house is already intended to be about 3* above existing grade in order to minimize the extent of the walk-out cut. In recent years the Planning Commission and City Council have taken a fairly strong stand against outs in shoreline setback zones to create walk outs. A case in point is the Waters' application on Casco Point# in which a walk-out cut (admittedly more severe than that proposed here) was created vithout proper permits and eventually was required to rest^^re to original grade. A second similar situation is the Waldron application on Fagerness P'jint# where the property owner was denied the right to cut down his yard area# in conjunction with necessary shoreline bank repairs# to create a walk-out. The difference# if any# between those requests and the current application is merely a difference in magnitude of the proposed cuts. From a drainage and infiltration standpoint# the walk-out cut should have only a minimal effect on quality or quantity of run-off water entering the lake. In the south 0-75’ zone# the fill to accommodate the revised driveway seems somewhat extensive and the proposed driveway grades are rather severe. Run-off rates may increase. The driveway apron would appear to assume a 10% slope immediately starting at the garage door. The whole garage access situation seems rather questionable. Based on the location of the existing and proposed structures# the average setback encroachment is reduced under the proposed plan# and no significant existing site lines are further restricted by construction of the new house. Regarding hardcover# the numerical effects of the major increases of hardcover on the property are somewhat diminished by the relative size of the property# but the steep slopes tend to make the hardcover increases more significant than on flat lots. Overall hardcovfir on the property increases from 6#700 s.f. to about 6#300 s.f. The amount of structural hardcover on the property is more than doubled. The increase in the 75- 250' zone from 26.5% to 39% is slightly towards the high end of what has typically been approved on Baldur Park. The total proposed hardcover# shown as a percent of the total lot area in hardcover# is proposed at 26.8%# which is very typical of what has occurred on Baldur Park (see Exhibit L). Zoning File #1363 January 11» 1989 Page 4 of 4 There would appear to be a couple cf ways to reduce hardcover on the property to bring it closer to a conforming status. These would include removal of the existing detached garage and associated gravel driveway areas around it. This would eliminate valuable storage space on the property, which could partially be recouped by adding a third garage stall to the proposed attached garage. However, adding a third stall would eliminate the possibility of moving the house further west and south to meet lakeshore setbacks, unless the garage was reoriented in its relation ship with the proposed house. Staff Rern—pindation - Based on the above facts, comments, and observations, staff would make the following recommendations: 1. Applicants should consider moving the proposed house further west and south to attempt to more closely meet the required 75' and average lakeshore setbacks. This requirement would be consistent with past City practice in similar situations. 2. Applicants should consider removal of the existing garage and excessive gravel driveway and reconfiguration of the proposed two-car garage into perhaps a three-car garage in order to reduce the amount of hardcover increase on the property. 3. The proposed cut to create a walk-out in the 0-75* zone would be inconsistent with similar applications which have recently been denied by the City, although the magnitude of this request is relatively minor compared to those other cases. 4. Preservation of mature trees on this property might be considered as a reasonable hardship, because those trees help to soften the potential vertical harshness of this construction as viewed from across the lake. 5. The proposed fill generally occuring in the 75-250’ zone is apparently necessitated by the attempt to raise the house, thereby eliminating a more severe walk-out cut, but resulting in what could be a problem driveway situation. Retaining walls may be appropriate in some areas. The garage could be lowerri a few feet to help the grading situation. Drainage must be directed down the lot lines and not on to neighboring properties. Planning Commission is requested to either make a recommendation to the City Council or to give applicants direction to revise the request and bring back an alternative site plan. CSSt OF OROHO > VUtUUKB APPLICATION 1.5 Initial Application Fee $150.00 a j ^ ($50.00 per each additional variance) mMU ^ Renewal Variance Fee $'5.00 % (no change from original application) // \ After-the-Fact Fees (Double application fee) PROPERTY LOCATIOH Site AddressS>ALL>n/Z^ . ^^ O O ci-y OF jfc^o ^ >rh!'^LE uf* “ i vil i^^OICOOOO Property Identification Number (P.I.D.) ^ " 7^^ SI OCO^ ^ y OFtCs TL Please check one - Property abstract or torrens?FtCEIFT-th^t^K ^QU Attach legal description to application if not included ojr^OJllO iVOi Yii .vV.*- required survey. 12/20/- APPLICANT y0t»’v:i&4p>tYCr ‘ Name Phone (home) _ _ Phone (wcrk) Sfp^y t " c5o.n* Address; 4i/k City; Zip; (if j^ii^e^nt tJ^n_a^^Mn^) ^ ame %<rcte. V S * Phone (home ) 411 O 1 ^ < Name l^fcCkL V S _______________ Phone (work ) ---- Address; I^^Z^ALC^u/Z ^4-IC^.City: C ^ a_______Zip; ^'^3 ^ / Date Property Acquired JuC^v/ \ ^ ^ S (month/year) 1 (do) f(^o^^no^ also own the adjacent parcels of land. KRT USB OF PROPERTY Present Zoning District _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Present Use of Property Residential Other (specify) OBSCRIPTIOH OF REQUEST Estimated Construction Cost $ Describe request in detail;_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ VARIANCES REQUIRED _ _ _ Lot Area Setback Variances ( Lot Width Front v/Hardcover Side Other l-k. Oliy OF OROr^O FIRA^CE OFFICE 01 CE^ 50.00 u,-L.Lf\ ’L r-v. 00 >^ECE:RT-r;^^rJ^ rQU ^lO^ilO COO: Rv: Ti^:( Vii from str*"' ^■wi" M .15 "^V'l Vw ‘j ““SmLribo undue hardship or pStica^ff ^ias« 2. 3. KBQOIBBD SUBMITTMtS 1, Completed Applicati^ Form owners within 150* (you must obtaincertified Property Owners List of owers within lou this list from Hennepin County Department of Finance rS rUoV/-i.v:ns7: in existing grade are proposed. ,4.4.1;;"„“.5rr-.-o' si? v-r _ _ _ _ _ _ _ _ _ _ _ _ 4. 5. 6. 7. 8 information has not been included. - - - - - - c«;nic;;ior;r2^ni;rDe;«;;;;n;"hirv;;n;;rAppiication i» compiet.. zoning Official’s Signature_ __ '^APPLICMW‘8 SI6IM0HB unusual expenses incurred in review the information supplied Date ‘■"'’’’vsi.of this applicationr and certifies that and correct to the best knowledge Applicant's Signature / of his/her Date ^ ^ .cKo.i.d,.. ..a » »»jf v,r s..i. <=. •< in—pp.*- tion and verif ication >of this reopest. Owner's Signature fi ^ JX ___________—____________—--------------- the city 25 days before the i Applicant must have al^l submittals °£ggtingV a^*e^ held on the Planning Commission Meeting. Planning . present at all scheduled third Monday of each month. council? If an applicant is review meetings of the Planning ^f^rar^angements t^ have an unable to attend a scheduled meeting. a Zoning authorized agent attend in your place and to advise Office of this change prior to the meeting. • X »•6 ■* 4/?, Wu MJN OATS ll/19/aa BATCH «0A 36 08-117-13 31 0001 PROP AODR 01400 BAUNJR PARK RO OUNiR NAHC CHARLES B REIO TAXPAYER CHARLES B REID NAHE/AOOR 1400 BALOUR PR RO UAYZATA HN SS391 HENNEPIN COUNTY PROPERTY XNFORHATION SYSTEN PROPERTY OMCRS LIST 30 00-117-23 31 0002 01394 BALOUR PARK RD TERRIS N SADLER TERRIA N SADLER 1396 BALOUR PARK RD HAYZATA HN SS391 REPORT NO. PI435401 PAGE 11 30 06-117-23 31 0003 01392 BALOUR PARK RD R H BERRY IBS BERRY ROGER H A BECKY S BERRY 1392 BALOUR PARK RD HAYZATA MN 55391 PROP AOOR IMflER NAME TAXPAYER NAHE/AOOR PROP AOOR IMCR NAME TAXPAYER NAHE/AOOR PROP AOOR ONNER NAME TAXPAYER NAHE/AOOR PROP ONNER NAME TAXPAYER NAHE/AOOR 30 00-117-23 31 0004 01304 BALOUR PARK RD 0 0 V KEESUNB JR OONALO/VXR6INIA KEESLINB JR 1304 BALOUR PARK RO HAYZATA HN 55391 30 00-117-23 31 0007 00030 ADDRESS (JNASSIGNEO HILLIAH J H FRANKLIN HILLIAH J H FRANKLIN BROAOUAY SALES 1000 H BROAOUAY NPLS HN 55411 30 00-117-23 34 0031 00030 ADDRESS UNASSIGNED PUBLIC ACCOUNTING SERVICES ESTATE OF EDMARO SPINDLER C/O LARKIN. HOFFMAN. DALY 7900 XERXES AVE 8 SUITE 1500 BLOOHINGTON HN 55431 30 00-117-23 31 0005 01376 BALOUR PARK RD UENDY L HEINE ET AL HENDY L HEIHE/THOHAS B HEINE Ate 6HEN E HEINE 1376 BALOUR PARK RD HAYZATA m 55391 30 00-117-23 34 0017 01400 BALOUR PARK RO JAMES P HERNER ET AL JAMES P HERNER 1400 BALOUR PARK ROAO HAYZATA MN 55391 30 00-117-23 34 0032 00030 ADDRESS UNASSIGNED PUBLIC ACCOUNTING SERVICES ESTATE OF EOHARO SPItOLER C/O LARKIN. HOFFMAN. DALY 7900 XERXES AVE S SUITE 1500 BLOOMINGTON ftl 55431 30 00-117-23 31 0006 00030 ADDRESS UNASSIGNED HILLIAH J H FRANKLIN HILLIAH J N FRANKLIN BROAOUAY SALES 1000 H BROAOUAY MPLS m 55411 30 00-117-23 34 0010 91404 BALOUR PARK RO CHARLES AFFIAS CHARLES AFFIAS 2634 JERSEY AVE S ST LOUIS PARK 104 55426 30 00-117-23 34 0033 00030 ADDRESS UNASSIGNED HAROLD R KITCHEN HAROLD KITCHEN BOX 410 NISSUA HN 56460 TOTAL BATCH 004 00012 0 r-T* f V| —t fj r! %J A *•*^ iXMiten 1 (we) Adjacent Frop^ty Owners* Acknowledgeaent Foxm lotJ & C:-' /-» 4SUL / /t'C% Of <£Accent Tc d£) [print name(s) ] ^ [print address] \ 7 /^. t3*7cM^U>cQ/ Pl^ have reviewed the plane for the proposed improveinent or proposed use the property located at Appliqatl-»n No. ____ also referred to as Land Use I (wr nderstand that in executir.«j; this acknowledgeaent, X (we) am (are) not ticked to declare approval or disapproval of the property or use but merely to confirm for the City Council that X (we) am (are) aware of the improvement plans and that the proposed neighbor's pro; ct or use requires Council approval. //-aP -S? Date I^JUJLa i IxSpe^tyaC^if ^ \ /1/2.2-/6 8- 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 A Zoning Office at least 10 days prior to the scheduled meeting date. Vi^ CP ^3) pr2(.'AA u> M W ..... (vyiti-'i p^KOv'A ^CALC f" C't \U "• a' ■tp -■ 4 j;: ■■■^' ."f : :;;i • 4.-‘. •'■ i>U'tT r- f^tti r*>w Oprj. ixyt-j 6^BJ^ « * a \\ \Vi :\ U/Vi^ LCyit^L r C-\IC t < '• 1 /i’’fii / r HARDCOVER RB6UIAT10HS AHD WORXSHBBT rv-.r- J-1 A. HARDCOVgR OHDIWAHCB - In 1975, th« Orono City Council adopted''an ortlnaBca^*ltai'ti«9* tha parcantaga of lot araa that can ba covarad with loparvloua aurfacaa ("hardcovar*) such as roofs, drlvaways, sldawalks, ate. on properties located within 1,000 feat of a lake. Studios hawa shown that sediments, oils, and debris carried into the lake froB highly urbanised areas have a detrimental Impact on the quality of water In the lake. The Intent of Orono's ordinance is to ensure that rainfall run->off will ba claansad by filtering through grassed or vegetated yard areas before entering the lake. B. "HARDCOVgR SETBACK ZONES - PBRCENTAGB ALLOWED Z. 0-75*1 In the area within 75* of the lakeshore. No Hardcover Is allowed (01). ZZ. 75-250*s In the portion of the lot located between 75* and 250* from the lake, 25% of that portion of the lot may be hardcovered. ZZZ. 250-500'x In the portion of the lot located between 250* and 500* feet from the lake 30% of that portion of the lot may be hardcovered. ZV. 500-1,000*1 In the portion of the lot located between 500* and 1,000* feet from the laka 35% of that portion of the lot may be hardcovered. VOTES These regulations apply even if you have a let that does not abut the lake but is within a lakeshore zoning district. C. HOW TO DETBRHIVE LOT AREA WITHIN BACH SETBACK ZONE (To used as denominator In all hardcover percentage calculations) I. 0-75* Zone Area ■ 75 ' X /Average width of lot in 0-75* 2one\ V measure parallel to shoreline / (Avg width) ft. - Area of 0 _ _ _(II = -75. *on. II. 75-250* Zone Area ■ (175*or avg lot depth in zone) x/Avg width of lot in 75-250* sone\ \ measure parallel to shoreline ) (Avg width) ft. - Til. 250-500* Zen. Area - (250* or avg lot depth in zone) x/Avg width of lot in 250-500* zone\ \ measure parallel to shoreline / 250 J/'/i (Avg width) ft. -s.f. (3) Area of 250-500* zone IV. 500-1,000* Zone Area • (500* or avg lot depth in zone) x/Avg width of lot in 500-1000* sons' \ measure parallel to shoreline i 500' (Avg width) .ft. - _ _ _ _ _ _ _ _ _ _s.f. (4) Area of 500-1,000* zone D. HARDCOVER CALCULATION SOMMAHY A. B. L«k«shor« S«tb«ek ZOM 0-75* 75-250* 250-500* 500-1000* .' V . - ^ D.B.P. Lot Atm Za Zono Ezistiag Hardcovor Za Zoao Bxlatlag BArdcovor Porcoatago (B/A)xl00 Piaal Propouad Bardcovar Za Zoaa Bardcovar Parcantaga (D/A)xI00 Allowad Bardcovar Parcantaga / Bt af af _ _ _ _ _sf _ _ _ _ _af _ _ af 'lt> ^ \ ^i4l at % sf 1 _ _ _ _ _ _% _ _ _ _ _af % % _ _ _ _ _af « BABX)C0VBR LIMITATIONS HARDCOVER ZNCLODBSt - Structuraa with roofa - 0acJca« avan if alattad - Sidawalka - Drivawaya (pavad or graval) - bacorativa landacaping araaa undarlain by plaatic ahaating - Topa of ratainlng walla, rock walla - Any cthar aorfaca that doaa not allow diract abaorption of rainfall into tha ground B* OEOR LAIOtSHDlB- u u ^attows 8BCJ‘10.22, RBGUIATZ0R8 POR ■LR-lA*, "LR-lA- I*, "LR-lB", •LR-lC* ARD •LR-lC-1* OVB PAMX&T LAXUBOn RSSZDBITZAL DISTRICT. Rithin any "LR-1A-, LR-lA-1", 'LR-IB*, "LR-IC*, or •LR-lC-1* Ona Paally Lakaahora Raaidantial Oiatriet tha following ragulationa ahall applyi Subd. 1. Lakaahora Sat Back Ragulationa. Tha set back froa tha ahoralina for ,lA*saaBora lota ahall ba at laaat 75 faat and no building may ba locatad oloaar to tha ahoralina than tha avaraga diatanca from tha ahoralina of axiating raaidanca build^nga on adjacant and naarby lota. Subd. 2. Lakaahora Hard Covar Ragulationa. Within 75 faat of ahoralina thara •Ball ba no axcavating, filling, hard covar, tamporary or parmanant atructuraa. Within 75 to 250 faat of tha ahoralina thara ahall ba no graatar than 25% hard covar. With**! 250 to 500 faat of tha ahoralina thara ahall ba no graatar than 30% hard covar. Within 500 to 1,000 faat of the ahoralina thara ahall be no graatar than 35% hard covar. Subd. 3. Tree Removal Regulations. No trees within 75 feet of the shoreline with the diameter of six (6) inches or more shall be removed without first obtaining a permit from tha Council. HAHDCOVER CALCULATION WORKcmppi. .«b.c» .on., (circl. gKlttinq Hardcovr In tni^m •. Rout* l4 n l*ngth width 0 b. Garage X A m c, D* g X _ 9 • K * ■ f X m B f d. Sidewalk X , ■ • • e m f ■1 fl f o Beat a f e. Patio/. •?- 0*4* A BDeck X ■1 • e r e n # f. Landscape »-A -treat underlain by plastic sheeting 'Pr X h 'J m *2 a # f lo . -f . ‘id •• O s ft s V . J X m fl f( f. Other r X m A . 7&%-7 . • X m ' P • A . t.f. total existing hardcover in SONB t.f. (1 /. 0 6 a, f, a.f. t.f. a.f. t.f. > Existing Hardcover t ■ Tn«-«i t_gtal Existing Hardcover x 100 Lot Area Within Zone _ n f•-I. *« Mdltlonal H.rJcov.r to b. ,dj.d .. . . . - - -L£®B- - - Length «Width iR V 7\ - - - - - - - - - --- - - - - - X - - -- - - - - - - - --- - - - X total S.F. to be ADDED Jr / Existing Hardcover to be 4«any t - - -lig* Length «Width —■ , , ivmAL fl - -- - - -—- - - - - - - - -- X - —s=if2j— - - - - - - - - - - - - - - - - - X E^ total s.p. to pj?removed Pinal Hardcover Proooaxi. t.f. *.f'. t.f. (2)| a.f. t.f. a.f. «.f.I (3» ' f»in* ill ♦ Line (2) -Lin* (3)| Existing To be Added Proposed Hardcover I ■ ^ irf44—1 -To b* ResMsved Pinal Mno (4\ X 100 - tin* (11 _t.f,. 100 HARDCOVER CALCULATION WQRKSHfeET »8f*tb«ck lon«t (elrcl« en«) 0*75* / ) 250*500* 500*1000' % H „ . .. . i ‘ iKittina Bardcovr In •• Noufttt length f. tandscapa araaa undarlain by plastic shaatlng _ _ _ _ _ C. Other 0 total eXISTXliO HAHOCOVB width XN XONE *76^^ a.f. txisting Hardcover % . a.f. Total Ixiatinq Hardcover x 100 Lot Area Within Zone a.f.* 100 - Z^.^/) % a.f.Additional Hardcover to be added Iq aonei r • a.f.- - -11*1- - - Length x width ■■ TOTAL e 9 a.f.« a f !•a.f.- 9 b. Oarage Q1a.f. -s —UjeA.7e. , c. Driveway /2 1£4^.£p ».f. - - ri a a 1 . ^7^ a# a a.f.[~~^ rJTAL S.P. TO BB ADDED Existing Hardcover to be Reamved, if (21 d. Sidewalk _ 7.^.0 a.f.any t a.f.Itee Length x Width « TOTAT. ■ 9 \u a.f. dwA#%le ■sAa a m 9 a. Patio/a.f.2^' jT - 9 ■ 7 Ar 'rOa-fDeck a.f.- a.f. /^Q-7.*^ e.f. _ _ _ _ _ a.f. _ _ _ _ _ e.f. __ _ _ _ e.f. _ _ _ _ _ _ a.f. _ _ _ _ _ _ a.f. - ^ a.f. a.f. (1) I ^ \Aj % . i? C-: f TOTAL S.P. TO BB REMOVED Pinal Hardcover Proposali [Line (II ♦ Line (2) *Uno (3)) - < - f'^49:. ^ I ,.f. J4) Existing To be Added To be Reoioved -• ^ - Proposed Hardcover % ■ Final Line (4) x 100 - ^7,11 «.f. . .qq t. <TArrr //Aet:»CO\/fe^ > 1ft«4Lbu<e . ^*7*' SmvM tAM* iOM4m*#m«. 4«uA*mAV • (Sn;«A'^ <*-C«o’'Mb’> * * v«oo • 7r*/» ./. /». t^xn**u jyiMbCMMnt iMiirrkAy *fU>Z\ €> * /*r» a. e * X40 U •'VO (J) r */yo •!•><'/•♦•. (S> • IBf fnirt—-* »0 CMA^r SMiV-it. Q> * t.o /•tM ysy%»zs.i yi n^i t:(. - 1 . ~ ‘ •' 1) : / ;!= 1 Nt^ > .J • ^ "LOP^iU 1350 J22- /ifftOfrcMr^. Sw* 0 /O >rU (LO 47/rr7NC. ft /» ft H ao 'O-->«•■ S.-n-»*/a^s«:f.Ci«-.i*/.'> > lVl«/ft Via.0 * 7t * AJAA.T14 r vi/‘iT /sor"a-7r '. a.S7o,(/*-7>'-'^ PJ--1.V-0*V//0,/. 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A/AU>co«/n^ r>/t tlBO<\U4(2yy«y, ^2- -; 7->rD 2tV 1o Yeu* ^ •/V.ii. v5 ^ 'pTAC RC 0«/»UCL I ,i.*-*/c^*ao • 387C II ■• ^ TDTM- H c ^A6P«s«& otf«<Ai.c /k«^««ry ; »irc*»<*oy» 1 0^78 . 0V4TIWC. f*^**»'^ of fiu^rttny t ij ««p» & ; 5*01 J 4i>> M»ar I Ux*i •j2i2j‘^‘t7oo • t ^ f$*Poim> S»**4C.|K #/w luA t*<«- • I»2 M5»aw CMAMfttlUXt »«««<«• tt4| ! 7t\N-s^i »(^W/ -f etift • i'i 7C /sr^iTOo jT / ^*/c T^/^'for. ^^Ckc/>v 4bt>tU ‘zs I37(» B*MJi'«**-pK..r2b. ^«V03^/5^ 13,i^so • ■• *'____lz^uro |i«^Z »• *• •• /7N/* i'l^oQOt ^ c. /^etGjuoi' rtf rus ^ dr TOT4C^ 7x-»rt>» „r »w,-w V'/^. Uor~A^eA OOs 4<tCA ^eA Atf^wt^X d-erA^iA /o,t>oo (30.0VO 2fcro- Jllt* '- /yoo I. 7yoc> •• i'h-2- *' /4IU .’ ■• •' _ /161 _J^,<0 0 •' " n»i n, i,oo II «r 1106 Mft7 Jl&i no-i- It I. W^B “ /sf%r »' “ /9V5T Cowtoitbi4 /Vsf *'~ “ n^i h^(...............* m< I^*Vi •' »• »• 12,000 if, in ’ %d.o0 ■ . S^Hoo l7,oq7 d»,377 n,^oo /o^5-7£T /C,i/S^ i»IO0S _ 7/^0 /o,ooot 3.7rr> 3,750 3,ezi' J,7V8_ 3,750 *^<750 /0,C.TO 3,r;o (.,37-7 S,c.i-r 2^«/00 _- 5.3'/• «x r/sTj ____— . -'____ Zh^^oi — _ ‘),-7rO 3i.c»%*tt. ■?,6ro ’ ir-)y. ir/zao ZV.2.y.Jf-\TO_ 2,e.r H .flur A 3/. 8J<, a.■3/'. ii.'/y. l.i-V. -?-'7'/« /7>3*/^ |Z.fc*/. IH'-i •/. e>,3ro v-ty _t,JT2 S,8>SO */,6SD 4,167 y,tf06 z.\,y{oo i\<tor> j'u.ao.s '/. 11*0 __i/,l0o _____-zo-o */. ' irto ■•' •• 4..\to ' i,6oo ^ 2.TJT nio ***Ww^e^ 1167 it,,6^0 4,^£BO e,6oo yiro zt..x^y. 37.0 y. _?0. a /. SO.HV-' IS-.-} •/. 3/.y/. y2.3*/. 27 •/. 3^.3'/. 2 7,7 !/• Z1. 8 X 21,/ /^ fr>7 ty.3>4 /<.1 #9W» 1/>Z £iii6 f7'/fc f t»r ^ le to 23. y/. n-i-y. 38.6./4 /I */. ZT */, #9i7 1-1 y. *11^1 21 */. ^ air li'A sz .o */ 20.sv; 3^r7 fJ.iKoftir be _.2.yro f4.6X /7.5'/. /»,»‘-o''26,0*/i 6 ro/t.o/./o;it 23. a>< 2^K' If.3 '/♦ ^^uvy ^(ooU ^'777 I Pi2- ~ ®‘7S'' Ai-io''*ut— S.i 5 /o i*"/. *V/• 7J ’'750' ^ I AfO. x-j.U'/, SO.oVo-----8» 50.>^I “A -raiAt. r.T ,s.<V/, • ,eA^»«.6 Jg,ei •/. -—?»?8.^. */. } V lunt pit ilCiTliW Mayor Grabek Orono Council Members City Administrator Bernhardson COUNCIL MEETING MAR 131989 CITY OF ORONO Froa: Michael P. Gaffron, Asst Planning & Zoning Administrator Dates March 9, 1989 Subjects #1364 Edwin Gage, 480 Tonk^wa Road > Conditional Use Permit/Variance - Second Review Xoaiiig District - LR-IB Application * Construction of 6' wide permanent dock structure located partially in 0-75* setback zone. List of Bxhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Discussion - Letter From Applicant Dated 3/3/89 Secondary Letter From Applicant Dated 3/3/89 Staff Sketch Regarding Structure Jurisdiction Applicant's Alternative "Wide-post" Concept Notice of Council Action of 2/28/89 Council Minutes of 2/13/89 Memo & Exhibits of 2/28/89 This item was tabled at your February 13th meeting at the applicant's request. Applicant has submitted 2 letters. Exhibit A being the justification for the requested 6' walkway width and Exhibit B being what applicant considers a less preferable proposal, submitted in the interest of not losing 2 weeks should the Council ultimately find no means to justify granting the requested variances. Exhibit C is staff's sketch showing applicants concept per his exhibit B letter. Absent soil borings but given probable soil conditions based on the soil survey information, staff would not dispute that the stability would likely be enhanced by increasing the spread of the supports. Exhibit C also defines more clearly the difference between the walkway portion of the proposed structure and the portion which is considered dock. All portions of the proposed structure built where existing grade is below elevation 929,4' are considered as being a dock and are not subject to hardcover standards. The LMCD and DNR would have jurisdiction over docks and the lakebed, and discussions with our LMCD representative have indicated that LMCD (and apparently also the DNR) would prefer a 6* wide dock over dredging of this lagoon area. Also note that railings are not required for the portion of this structure that is considered a dock. The portion of the structure built where existing grade is above elevation 929,4 is subject to City regulation, and would require a railing at any point where the platform is more then 30 ” above grade. Applicant feels that the walkway constructed above elevation 929.4* will have a platform height of less than 30 ” and should not need railings. staff RacoBandation A resolution for variance approval was Included with the February 8th memo. Council has the following options; 1. Grant variance appro/al as requested (draft resolution could be adopted with minor revisions). 2. Approve applicants non-preferred proposal for wide post spacing but 4* platform. Does Council feel th?i^ a variance is necessary to approve this, in light of Council 'l *f t vrective allowing staff to Issue lake stairway permits on a llmie' i».s? 3. Require that both post spacing and platform be no wider than 4', which 1.1 in essence a denial of the variance request. In that case. Council should direct staff to prepare a denial resolution for your next meeting. 4. Other. Applicant may wish to have Council consider alternative decking styles that would eliminate a large percentage of the associated hardcover. u*- gustafson design March 3.1968 Michael Qafhoa Asst Planninj & Zoning Administrator CItyorOrono P. O. Box 63 Crystal Bay, Minnesota 5S323 DaarMr.Qaffron: Please consider this letter the rssubmlsslon of application for Item #1364 Edwin Qage walkway project for the March 13th Council Meeting. At the behest of the Council, we haw explored some altemattws and haw additlonai information to submit We haw consulted with the oonstnjction company which we would hire to install the posts for the dock, and they haw Slated that it is virtually Impossible, with the equipment available, to Install the posts at an angle to increase the stability. Also, the company reiterated Its concern for the long-term stability of the dock with the posts only 4 feet apart; It feels that the bay in question Is probabV very mucky and will not haw vary good stability. We haw reviewsd the Items which will be transported to and Itam the boats and haw reaffirmed that although it Is, in fact possible to get the required items to the shore owr a 44toot dock, the ISOfoot leiigth does impose congestion vrhich leads the owner to ask what other alternatives might be po^ble. The DNR has been contacted to determine If a dredging permit might be possible. The consensus is that there is precedent to support the application and that pro jects of this nature haw been approwd In the recent past Although this may be a viable possibility, Mr. Qage feels that It would haw a r‘*>trl menta l environmental effect on the bay arxi he would prefer to lirrd some oth.. solutloa We haw reviewed other options tor allowing lake access along the propertly line arxi haw concluded that because of the way the bay cuts across the Qage and Nelson property, Itwouldbeimposalbletograntaneasementwlthoutanexoes- siwly detrimental effect on the lake shore area of the Nelson property. Both owners feel that the best long-range solution is for them to haw s epei'a te access to the lake. 1845 Wisconsin Ave. No. Golden Valley. MN 55427 tel (612) 544-4215 WHh tto aboM information, I wmuld Ilka to rasumbit our proposal to ttw Council andaxplainbowtbshanishipaofthocompoaitionandlocationotinatMty.to- gathar with ttw safety factor of a narrow and long dock, givs valid raaaon to grant a variance In this situatioa Further, It would seem to me that this sHuadon Is such lhatitshouldnotcreataadlfncultprecendenttortheCilyadminlstrationtoJus%. I, In fact, have racently submitted plans on another project tor stairs to TanagerB^, and I cannot see that the Qage project would provide me with any substantial ar* gument for requesting variation from the 4-toot standard on that project 4 m,wm ct74' gustafson design March 3,1969 Michael Qamon, Asst Planning A Zoning Administrator CttyofOroro P.O. Box 66 Cry^ Bay. Minnasota 56323 Dear Mr. Qamon: In addMonto my oOwlottw-datad Ms 3,1969, t am submittfng an alternate propoaal to use If It appears me Council is not willing to grant a variance tor the 6 foot walkway. Our proposal would be to build the walkway surface to the existing code limit of 4 toetbuttospreedthepostsaupportingthedockoutsotheywouldbeapprml- matoly 5 toot 6 Inches apart TNsspreadinthspostsshouldpiovidethenecss- aary stability and provide dearancs between the posts to todlitatB c^ng items to the lake shore area. It Is my understanding that mis type of constniction would not require a permit the walkway hard surface would not now, or at any time In the future, be 4 teet as per exIsUng codes. DAQ/ngg 1845 Wisconsin Ave. No. Golden Vatey, MN 55427 tel (612) 544-4215 dT7 OP OROHO P.O. Box €6 Crystal Bay, MN 55323 473-7357 APPLICATION NO. 1364 NOTICE OP COONCIL ACTION Date of Notice: 2/20/89 TOs Edwin Gage COPIESs Gustafson Design 480 Tonkawa Road 1845 Wisconsin Ave N Long Lake, MN 55359 Golden Valley, MN 55427 T»B or APPUCAnOM:Variance/Conditiona1 Use Permit DATS OP MKBTINGi 2/13/89 COONCIL ACTION - NOTIONS VOTE: 4 For 0 Against Tabled at applicant’s request for submittal of further information. (Council's original irotion to approve 6' wide walkway died for lack of a second.) Deadline date for submittal of new information is Monday, March 6th for the March 13th Council meeting, or Monday, March 20th for the March 27th meeting (application may be considered formally withdrawn if information or explanation is not provided). 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. / lUVUtBS OF KB6DIAR OROHO COUHCIL MBBTIliG FEBRUARY 13 r 1989 ZOWIR6 FILE «1334-RBBSRS CORTIRUED was brought forth, ths Council was not certain as to the square footage of the four lots along the northern property line. They also uncertain as to whether there was a need for additional controls with the enlarged building pads. The matter was referred back to the Planning Commission so that they could determine potential impact of construction on the four enlarged building pads. The Planning Commission recommended that the side setback of the no grading/restricted development areas be exoanded from 30* to 40* and found no need for further controls. Councilmember Goetten stated that she had no further concerns regarding this application. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to approve this item. Motion, Ayes-4, Nays-0, Motion passed. #1362 PAUL HAUSER 2801 CASCO POXET ROAD VARXAECBS RBSOLUKOE lain^^ by City Administrator Bernhardson, this was a request for an average lakeshore setback variance. Originally, the applicants were also in need of a hardcover variance, but have since revised their proposal so as to remove 700 s.f. of hardcover, rather than the 417 s.f. recommended by the Planning Commission. The Hausers were oresent for this matter and had no questions or comments. It was moved by Councilmember Nettles, seconded by Councilmember Peterson to adopt Resolution #2577, in accordance with the Planning Commission recommendations. Motion, Ayes*4, Nays-0, Motion passed. #1364 EDiriH GAGE 480 TORKAMA ROAD CORDITZORAL USB PERMIT Assistant Planning and Zoning Administrator Gaffron explained that the applicant was proposing to construct a 6 wide walkway through a wetland and partially within the 0-75 zone. Mr. David Stockdale, the Contractor, explained that the 6* width was preferred because of the length of the walkway. it would offer more stability and more room for passing. Councilmember Goetten expressed her concern about approving 420* of hardcover within the 0-75* zone. She felt it would * precedent to allow new hardcover in that area. She asked vmy it would not be more practical, from a safety standpoint, to build the walkway 4* in width with a railing? Mr. Stockdale said that the railings would have more of a vertical visual impact. HIUDTES of REGOIAR ORONO COOHCIL meeting FBBROART 13, 1989 ZONING PILE #1364-GAGE CONTINUED Councilinember Nettles asked Planning Commissioner Hanson for his input. Hanson explained the process of review performed by the Planning Commission for this particular item, Hanson concurred with the applicant in that 6 feet, with or without a r*4 liner# would b© nor© s©£© than 4 £6©t* N©ttl©s gu©stion©d th© height of th© walkway. Gaffron replied that it would be approximately 4-5 feet above the existing ground, a portion of which is below the 929.4* elevation and considered as lakebed but exposed due to low water levels. However, when the water level o^ ”.ake Minnetonka was restored it would be approximately 2 a e the water. Gaffron went on to say that should the water le al rise to 930* it would be necessary to connect the walkway with a temporary seasonal dock out to the lake. Hanson believed that the code would require a rail for elevations of 4* or more, regardless of the width. CounciImember Peterson felt that it would set a precedent if the Council were to approve a 6* wide dock/walkway. Assistant Planning and Zoning Administrator Gaffron commented on the positioning of the support posts and questioned whether there would be any problem with placing them at more or an angle, rather than straight up and down. It was moved by CounciImember Nettles to adopt this Resolution with the 6 ’ width as recommended by the Planning Commission. There being no second to this motion, it failed. It was moved by CounciImember Goetten, seconded by Councilmember Peterson, to adopt i-^is Resolution, allowing only a 4* width with a railing. Mr. Stockdale at this point requested that this item be tabled. Counci .Imember Goetten withdrew her Motion. It was moved by Acting Mayor Callahan, seconded by Councilmember Peterson to table zhis matter. Motion, Ayes-4, Nays-0# Motion passed. #1366 LOREN BUTTERFIELD 3925 HATERTOHH ROAD CLASS II PRELIMIBARY SUBDIVISION RESOLUTI^MCity Administrator Bernhardson informed the Council that Mr. Butterfield was proposing to divide off a portion of his property on the north side of the Luce Line. He is also requesting a lot combination of property located south of the Luce creation of a 28* outlet corridor which will come within 1 or existing greenhouse buildings. Ne\; information was presented to the Council regarding flowage and conservation easements, waiver of damages and some revisions to the original proposal. Due to the fact that neither the Council nor Staff had an opportunity to review this information, Bernhardson requested tabling at this portion of the application. Assistant Planning and Zoning Administrator Gaffron briefly added that Mr. Butterfield would like to keep Outlot B with Lot l .,v-f-O - r- - ■ 4' -w’-ra '2^"-'“^^^^"^’*''' r>^f^es ~ —;u.t-)? ' 7 ' ^ TO: Mayor Grabek and Council FROM: Michael Gaffron, Asst. Planning & Zoning Administrator DATS: February 8, 1989 SUBJ: #1364 - Edwin Gage, 480 Tonkawa Road Conditional Use Permit/Variance - Resolution Zoning District - LR-IB Application - Construction of a 6* Wide Permanent Dock/Walkway Structure Located Partially in 0-75' Setback Zone. List of Exhibits - A. Notice of Planning Commission Action 1/25/89 B. Planning Commission Minutes 1/17/89 C. Memo and Exhibits of 1/12/89 D. Draft Resolution for Approval Discussion - Please read the memo of January 12, 1989. Briefly, the applicants are requesting approval for a 6' wide permanent walkway that crosses a lakeshore border wetland in order to reach a seasonal dock on the shore of Stubbs Bay. This permanent walkway is necessary because the only way to reach the lakeshore without walking through the wetland is to cross the neighboring property. The 420 s.f. of hardcover that will be added by the permanent 6* wide walkway amounts to 1.8% hardcover in the 0-75' zone. All other hardcover on the property is in the 250-500' zone. Planning Commission Recommendation - The Planning Commission, at their January 17, 1989 Meeting reviewed the proposed walkway and considered the request for the 6’ width. Staff noted that a 4' wide walkway would not have required a zoning application because staff is authorized to approve such structures. Applicant's representative. Dale Gustafson, stated that due to the length of the walkway and the owner's intent to keep it low profile without a railing, the 6' width would offer increased stability given the permanent intent and provide more walking room as a safety measure. The Planning Commission recommendation to approve, based upon the hardship being the safety aspect of the 2 additional feet, passed on a vote of 4 Ayes and 3 Nays. The minority opinion was that sufficient hardship was not shown to justify the excess 2* in width. staff Reconendation - City Engineer, Glenn Cook, reviewed the proposal and found that the proposed permanent walkway and associated hardcover would have no significant impact on the runoff quantity or quality. He recommended that the dock should be constructed high enough to avoid potential obstruction of runoff waters. Staff recommends approval of the proposal per the comments of the City Engineer. A resolution for approval has been drafted should the council wish to approve this application, however, a resolution for denial would be presented at your next meeting if such an action is taken. If approved, the applicant proposes to construct this walkway while the ground is still frozen this winter. A RBSOLtJTION GRANTING A VARIANCE TO HONICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 & 2, AND SECTION 10.55, SUBDIVISION 8, AND A CONDITIONAL USE PERMIT PER SECTION 10.55, SUBDIVISION 10, FILE #1364 WHEREAS, Edwin Gage (hereinafter "the applicant") is the owner of property at 480 Tonkawa Road located within the City of Orono (hereinafter "City") and legally described as follows: Tract A, RLS #1305, Hennepin County, Minnesota, (hereinafter "property"), and WHEREAS, the applicant has applied to the City of Orono for a variance to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2, and 10.55, Subdivision 8; and a Conditional Use Permit per Municipal Zoning Code Section 10.55, Subdivision 10 to permit the construction of a 6* wide permanent walkway through a designated wetland area, located less than 75* from the shoreline where such structures are normally not allowed to exceed 4* in width, and comprising hardcover in the 0-75’ setback zone where hardcover is normally not allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning Pile #1364. 2. The property is located in the LR-IB, Single Family Lakeshore Residential Zoning District. 3. The property is approximately 5 acres in area. 4. The Orono Planning Commission reviewed this application on January 17, 1989, and recommended on a vote of 4 to 3 to approve the proposed variances and conditional use permit for the 6* wide walkway structure based upon the following findings: Page 1 of 5 a. The proposed walkway structure is necessary to provide reasonable access to the usable lakeshore without forcing the property owner to cross neighboring property. b. The structure will maintain a low profile and is not intended to have a railing. c. The 6* width, while 2' in excess of the 4* width normally allowed for such structures, is necessary for safety of the users of the structure, considering the extremely long 175* length of this walkway. d. The structure comprises 1.8% hardcover in the 0-75* setback zone. There is no hardcover existing or proposed in the 75-250* zone. The proposed walkway will have no significant impact on runoff quantity or quality. 5. The City Council finds chat 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 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 w^th the spirit and intent of the Zoning Code and Comprehensi^ ?lan of the City. 6. The City Council finds that granting a conditional use permit to allow the construction of proposed walkway would 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 2 of 5 COMCLaSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a Variance to Municipal Zoning Code Sections 10.22, Subdivisions 1 £.nd 2, and Section 10.55, Subdivision 8, and grants Conditional Use Permit per Municipal Zoning Code Section 10.55, Subdivision 10, to allow construction of the 6* wide walkway structure as proposed, subject to the following conditions: 1. No railings will be allowed on this structure in order that it shall remain as a low profile structure, not highly visible from the lake. 2. The dock shall be constructed at an elevation above the normal high water level to avoid the potential of obstructing any runoff flows. 3. Hardcover in the 0-75* zone is limited to the 1.8% (420 s.f.) associated with this structure in the 0-75* setback zone (abo"e the 929.4 contour line). 4. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be completed within one year of the date of Council approval or the special conditions of this resolution will expire on that date (February 13, 1990). 5. 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. 6. The undersigned owner 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 Adopted by the Orono City Council on this Pebruray, 1989. ATTEST: day of Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me on this _ _ _day of _ _ _ _ _ _ _ _198 , by James R. Grabek and Dorotfiy M. Hallinr Mayor & city ClerlTof 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 ZONING FILE NO. 1364 CITY OF OSONO NOTICE OF PIAHHING COMMISSION ACTION Crystal*Bay, MN 55323 473-7357 Date of Notice: 1/25/89 TOi Edwin Gage COPIES 70: Gustafson Design 480 Tonkawa Road 1845 Wisconsin Ave N Long Lake, MN 55356 Golden Valley, MN 55427_ _ _ _ TYPE OF APPLICATION: Conditional Use Permit DATE OF MEET. Hit 1/17/89 VOTE: 4 For 3 Against Plannljig CoBadasi^ racoaoMnds the following: Approval subject to conditions noted below NOTES AMD SPECIAL CONDITIONS: MOTION: Recommend approval of conditional use permit and variances for work in 0-75* zone including variance to allow 6* wide walkway and its associated hardcover. Applicant's next scheduled meeting is confirmed as: City Council February 13, 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. MINUTES OP THE PLANNING COMMISSION MEETING JANUARY 17, 1989 #1364 BDimi GAGS 480 TOMKAMA HOAD COmiTIOHAL USB PBRMIT/VARIAIICE PUBLICB HBARIHG 9:00 P.M. - 9:10 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Dale Gustafson, a representative for the applicant, was present for this matter. Assistant Planning and Zoning Administrator Gaffron explained that the applicant was seeking approval to construct a 6* wide access/walkway through a wetland area partially in the 0- 75* lakeshore setback zone. Gaffron showed the Planning Commission where the proposed walkway would be located. The 6* width exceeds the 4* standard and would therefore require a 2* variance in addition to a conditional use permit. The walkway would consist of wood and wood posts that would extend approximately 187'. Chairman Kelley asked how the property owners currently accessed the existing dock. Mr. Gustafson said that currently the only way to access the dock is by using a neighboring property. Planning Commissioner Bellows inquired as to the hardship for the 6* width as opposed to the standard 4*. Mr. Gustafson explained that the 6* would offer more stability and would provide more walking room and safety. Gaffron questioned whether railings would be added to the walkway in the future. Mr. Gustafson replied that the owner would rather not install railings. Bellows asked why the walkway did not continue all the way to the seasonal dock as opposed to stopping at the little knoll? She believed there would be a risk of the water level rising, making that area unpassable. Mr. Gustafson stated that to the owner's knowledge, that area had never been under water. Bellows questioned whether there were any future plans to put a gazebo or storage shed in that spot? Mr. Gustafson, replied that the owner had no such intentions. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Planning Commissioner Brown, seconded by Planning Commissioner Hanson, lo recommend approval of application #1364, the hardship being the safety aspect of the ? additional feet. Motion, Ayes«4, Nays-3 (Kelley, Bellows, Cohen), Motion passed. 10 FroBs Date: Subject: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Michael P. Gaffron, Asst Planning 6 Zoning Administrator January 12, 1989 #1364 Edwin Gage, 480 Tonkawa Road - Conditional Use PermitAariance - Public Hearing Zoning District - LR-IB Application - Construction of 6* wide permanent dock structure located partially in 0-75' setback zone. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey fi Site Plan Pertlnratrequesting approval for a permanent dock that crosses a lakeshore border wetland in order to reach a seasonable dock on the shore of Stubbs Bay. The conditional use permit is required because the proposed dock is 6' in width and extends in length within the 0-75' setback zone above the 929.4 shoreline contour. 2. The apparent need for the permanent dock section, which in total is about 175' long, is to provide reasonable walking access across the wetland area which extends to approximately the 931 f proposed pathway shown winding uphill towards the house is intended be a natural pathway, either grass covered or covered in wood chips Where grass will not grow. None of that area is intended to be hardcover. 3. In the 0-75' zone, there is no existing hardcover. The 420 s.f. of hardcover that will be added by construction of this permanent dock will amount to approximately 1.8% hardcover in the 0-75 zone. Additionally, staff would note that there Is virtually no hardcover in the 75-250’ zone on this property. DiscussionCook has reviewed the plan provided, and finds that the proposed permanent dock and associated hardcover ^jj^^'^fhat significant impact on the run-off quantity or quality. He care should be taken to construct the dock at an elevation above the noraal high water level to avoid the potential of obstructing any run-off water. The p an indicates no excavation or grade changes associated structure. The conditional use permit/varianc? then is merely to allow the 6* wide structure in the 0-75' zone where normally we would only allow a 4 wide access stairway or walkway. ®^“^*Staff"r^oramends approval per the comments of the City Engineer. cm OP OROHO - GENERAL LAND USE APPLICATION FR0PBRT7 LOCATION Site Address 460 Tonkawa Road A “■N Property Identification Number (P.I.D.) Please check one - Property abstract or .-------V ^!<CyCtorrens? . w. yr’CI(for Conditional Use Applications only) Please attach legal description to application if not included '- "^ on required survey. APPLICANT Name Gustafson Design V j Address 1845 Wisconsin Ave. No. ::o,; Phone (home) 544«?f7?__" _^Phone (work) 544«421:5-• Ci-uyGolden Vall^ Zip 55427 " (if different than applicant) Name Edwin Gage Address 480 Tonkawa Road Phone (home) 475-5812 Phone 540-5288 Date Property Acquired March 1974 City Orono Zip55356 (month/year) I (dU() (do not) also own the adjacent parcels of land. PEES - CONDITIONAL USB PERMITS - Renewal Pee - 1/2 Current Fee After-the-Fact Pee - Double Current Application Fee _ _ _ _ $100.00 a) Residential accessory Use _ _ _ _ $150.00 b) Institutional (church, school, etc.) _____ $150.00 c) Duplex Credit/Bldg . $250.00 d) Commercial/Industrial Use X $200.00 f) Land Alteration _____ Grading and filling - designated wetlamd or floodplain Grading and filling - 101 cu. yd. or more ! Grading, seawall, retaining walls within 75* . of lakeshore PRD/PID - see fee schedule _ . hi; -x. OTHER APPLiCAnoBS * -- - - -~ - — . .—”' - - - - - - - - - - ' ' • • $150.00 Commercial Site Plan Review (+ consultant fees) :: _ a:. . $250.00 < Vacation nOl - r ; 2^;:':-. .... ... ■... . $150.00 - Easement Vacation.: -1.’ : $ 50.00 Easement Vacation With Subdivision *:.r $250.00 Rezoning « “ . »■ J $100.00 Appeals * .. - • v - - ‘ Other - see fee schedule • .V ,• ‘ FBBSBHT USB OP PROPERTY Present Zoning District Present Use of Property _ _ _ Residential Other (specify) DBSCRIPTZOH OP REQUEST Describe reouest In detail: Construct a permanent dock across marsh to shoreline to provide access to i atce. dock will extend into lb T*o6t setbacK trom snoreiine. REQUIRED SUBMZTTRLS \ 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) St2unpedr legal sized envelopes (#10) pre-addressed to each of the n2unes on the above list with no return address. Certificate of survey. Topographic survey (existing and proposed contours) If land alterations Involve changes In elevation (grades). Construction planr If applicable (see staff for requirements). Plat Map. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. The applicant and Property Owner must sign this application. Please remember that your application la not complete if the above Information has not been Included. Certification by Zoning Department that Land Use Application is complete. Zoning Officials Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Date_ _ _ _ _ _ _ _ _ 1. 2. 3. 4. 5. 6. 7. 8. APPLICAHT’S SZGRATURE The applicant hereby agrees to provide all Information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurre<ri>n re^ew of this application, and certifies that the Information suppled Is And hoTX^ct, to the b^t of his/her & knowledge. Applicant's signature )lfed isAnd fiOTX 2 —-Date OMHERS SIGRATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature __________________________________ Date Applicant must have all'submittals Into the City .offlees 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 rarrangements to have an authorized agent attend In your place and advise the Building & Zoning Office of this change prior to the meeting. , S ” s* B‘ o-^ij 5 $■ ii^ X CS'M9 1 S -- ■•»*•;. .«w k m a •?": >« c< I Ef®W'-v;9**-Wr /r-pr Ji»,e<. i: tr»ei *• teen i! "'" V »77fT-I <-V-» -- ■‘•V •» ■^5 3^^^^ 1A« »i 111 rjsv ^ - - _ |_ _I ^TI 5tf 2 U 3AV U‘‘^ NMNIU I0 5C Vi •: 'i .•^ «Tv ~ - I - " p'f • '5-'' m: RUN DATE 12/22/68 BATCH 002 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY 0»tlERS LIST REPORT NO. Pl<»35<^01 PAGE 5 PROP ADOR ONNER NAME TAXPAYER NAHE/AOOR 38 05*117-23 23 0018 00372 HESTLAKE ST LEO L LEVENS DEAN R MAESER 6972 HICKORY DR N E FRIDLEY m 55432 38 05-117-23 23 0019 00372 HESTLAKE ST LEO L LEVENS DEAN R MAESER 6972 HICKORY DR N E FRIDLEY MN 55432 38 05-117-23 23 0026 00038 ADDRESS UNASSIGNED JOHN D MCDOHfc'LL JOHN D MCDONELL 4045 BAYSIDE RO MAPLE PLAIN 55359 38 05-117-23 23 0027 PROP ADOR 00389 HESTLAKE ST OHNER NAME JANET DONALDSON TAXPAYER JANET DONALDSON NAME/ADDR 389 HEST LAKE ST LONG LAKE HN 55356 38 05-117-23 32 0003 PROP ADOR 00500 TOTKAHA RD OltCR NAME GLEN D NELSON ETAL TAXPAYER DR GLEN D NELSON NAME/ADDR 500 TONKAKA RO LONG LAKE HN 55356 38 05-117-23 32 0006 PROP ADOR 00038 ADDRESS UNASSIGNED OHNER NAME CURTIS L CARLSON TAXPAYER CURTIS L CARLSON NAME/ADDR 550 TONKAHA RO LONG LAKE MN 55356 38 06-117-23 41 0003 PROP ADOR 00038 ADDRESS UNASSIGNED Olt«R NAME VINCENT JOHNSON TAXPAYER VINCENT JOHNSON NAME/ADDR 8106 HIGHHOOO OR Y118 BLOOMINGTON MN 55438 38 05-117-23 32 0001 00420 TOTKAHA RD X I A FLANNERY MICHAEL J FLANNERY 420 TONKAHA ROAD LONG LAKE HN 55356 38 05-117-23 32 0004 00550 TONKAHA RO CURTIS L CARLSON CURTIS L CARLSON 550 TOTKAHA RD LOTJG LAKE HN 55356 38 06-117-23 14 0020 00405 TOTKAHA RD K t C OEDOLPH III KARL t CHRISTINE OEDOLPH 405 TONKAHA RO LONG LAKE TM 55356 38 06-117-23 41 0010 00038 ADDRESS UI4ASSIGNED VINCENT JOHNSON VINCENT JOHNSON 8106 HIGHHOOO OR Y118 BLOOMINGTON MN 55438 38 05-117-23 32 0002 00460 TONKAHA RD EOHIN C GAGE ETAL GAGE EDHIN C 12715 B STATE HHY 55 MPLS MN *55441 38 05-117-23 32 0005 00520 TONKAHA RO PREMIUM SERVICE CORP CARLSON REAL ESTATE CO 3222 PLAZA VII 45 S 7TH ST MPLS TM 55402 38 06-117-23 41 0002 00038 ADDRESS UTiASSIGNEO VINCENT JOHNSON VINCENT *OHNSON 8106 HIGHHOOO DR Y118 BLOOMINGTON MN 55438 38 06-117-23 41 0011 00038 ADDRESS UNASSIGNED VINCETTT JOHNSON VINCENT JOHNSON 8106 HIGHHOOO DR Y118 BLOOMINGTON MN 55438 PROP ADDR OltlER NAME TAXPAYER NAME/ADDR 38 06-117-23 41 0090 00480 PARK AVE TODD E A TERI L HOOD TODD E HOOD 480 PARK AVE LONG LAKE MN 55356 38 06-117-23 41 0092 00473 TOTKAHA RD D L FRITZ APE FRITZ DAVID L FRITZ 473 TONKAHA RO LONG LAKE TM 55356 38 06-117-23 41 0096 04075 OAK ST PHILIP A L RENATA BRADLEY PHILIP A RENATA BRADLEY 4075 OAK ST LONG LAKE TM 55356 RUN DATE 12/22/M BATCH 002 PROP ADOR (MCR NAME TAXPAYER NAME/AODR PROP ADOR ONNER NAHE TAXPAYER NAHE/AOOR SB 06-117-25 61 0097 00699 TONKANA RO M S • R DOMBECK NICHAEL S A ROHANNE DGieECK 699 TONCAHA RO LONG LAKE m 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OMNERS LIST 58 06-117-25 61 0098 00525 TONKANA RO ROGER A KOEHNEN ROGER A KOEHNEN C/O ST BK OF LONG LAKE 1966 N NAVZATA BLVD LONG LAKE MN 55556 REPORT NO. PZ655601 PAGE 6 58 06-117-23 61 0100 00658 LINDEN AVE M D DIETRICK-BLOCKER ET AL H 0 METRIC!'-BLOCKER 658 LINDEN AVE LONG LAKE MN 55356 TOTAL BATCH 002 00021 V..' l4' % ) I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEMIEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION> l6 THE BEST OF MY KNOHLEDGE AND BELIEF. ' ' DATE From: Date: Subject: COUNCIL MEETING NAR131989 Michael P. Gaffron, Asst Planning 6 Zoning Mayor Grabek Orono Council Members City Administrator Bernhardson I :<il II March 6, 1989 #1371 Robert & Teresa Minkema, 3200 Bayside Road - Variance - Resolution Zoning District - LR-IA, single family, 2 acre, unsewered Application - Request for front and side street setback variances to construct additions to existing residence structure. List of Exhibits Exhibit A - Planning Commission Action Notice of 2/24/89 Exhibit B - Planning Commission Minutes of 2/21/89 Exhibit C - Proposed Resolution Exhibit D - Memo & Exhibits of 2/13/89 Discussion - Please review the memo and exhibits of February 13, 1939. The applicant is proposing to construct additions to his existing house, which is located near the front lot line (Bayside Road) and side street lot line (Leaf Street) tiian the required setbacks. Applicant is proposing to construct an addition to the north end of the house, continuing the east line of the existing house, so there will be no further encroachment past the existing 33.8* aide street setback. In the front, the additions will encroach no closer than the existing house. Planning CiMission RecoisMuidation At their February 21, 1989 meeting. Planning Commission voted 6 to 0 to recommend approval of the setback variances for the proposed additions, based on the following findings: 1. The existing residence is located entirely within the required front and side street setbacks, and therefore any additions to the existing residence require a variance. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. 3. Granting of the variance will not alter the essential character of the locality. 4. The special conditions applying to this structure are peculiar to this property. 5. The existing residence is unusually close to the front and aide street lot lines, which is unusual for properties in the LR-IA zoning district generally. Zoning File # 1371 March 6, 1989 Page 2 of 2 6. * ^ (Srhnting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. 7. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the zoning code. 8. The granting of this variance will not merely serve as convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. Staff Rcconindstion Staff recommends approval per the Planning Commission recommendation, per the attached resolution. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 ZONING PILE NO. 1371 NOTICE OF PLANNING COMMISSION ACTION 473-7357 Date of Notice: 2/24/89 Robert & Teresa Minkema 3200 Bayside Road Long Lake, MN 55356 COPIES TO: TYPE OF APPLICATION: Variance DATE OF MEETING: 2/21/89 VOTE: 6 For 0 Against Planning Conaission reconends the following: Approval as submitted. NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as: City Council March 13, 1989; meeting s'-.arts 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. MUfUTBS OP THE PLAHHING COMMISSION MEETING FEBRUARY 21, 1989 ZONING PILE #1363-BERRY CONTINUED asked that all of the elevations appear on the plans. Ayes»6r Nays»0, Motion passed. Motion, #1367 STEVE HARRIS 3850 HATERTOWN ROAD CONDITIONAL USB PERMIT It cjc;: moved by Chairman Kelley, seconded by Planning Commissr' Bellows to table this item to the March 20, 1989, Plannip;. . '‘^mission Meeting, as requested by the applicant. Motion, -iS-e, Nays“0, Motion passed. «13€9 CHARLES KICXHAPER 1040 TOffHLINE ROAD VARIANCE PUBLIC HEARING 7:19 P.M. ->7:20 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicant was present for this matter. Zoning Administrator Mabusth informed the Planning Commission that Mr. Kickhafer was requesting a front street setback variance in order to construct an attached garage. Due to accessory improvements previously made to the rear of the property, placement of the garage to the rear of the house becomes impractical. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Planning Commissioner Hanson, to recommend approval of this application, granting the 30* front yard setback variance for the purpose of constructing a single story garage 24'x 24*. Mr. Kickhafer*s hardship is that he has no garage and the house was built prior to the 5-acre zoning amendment. Bellows added that the topography of the land was also a hardship. Motion, Ayes=6, Nays»0, Motion passed. #1371 ROBERT 6 TERESA MINKEMA 3200 BAYSIDE ROAD VARIANCES PUBLIC HEARING 7:21 P.M. - 7:25 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Minkema was present for this matter. Assistant Planning and Zoning Administrator Gaffron explained that the Minkemas were in need of front and side street setback variances in order to construct an addition onto their existing residence. There were no comments from the public regarding this matter MINUTES OF THE PLANNING COMMISSION MEETING FEBRUARY 21, 1989 ZONING FILE #1371-MINKEMA CONTINUED and the public hearing was closed. It was moved by Planning Commissioner Brown, seconded by Planning Commissioner Cohen, to recommend approval of application #1371, both front and side yard setback variances. The hardship is the location of the existing residence and that there is no ^<3ditional encroachment. Motion, Ayes*6, Nays^O, Motion passed. #1373 DAVE BISS 1635 CONCORDIA STREET CONTITIOHAL USB PERMIT PUBLIC HEARING 7:51 P.M. - 7:57 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicant was present for this matter. Zoning Administrator Mabusth informed the Planning Commission that Mr. Eiss was seeking a conditional use permit and variance for land alterations in the 0-75* setback area. Mr. Eiss's new residence is located within a pre-existing retention area which serves the 1.44 acre watershed, Mr. Bozonie, a neighbor to the south of Mr. Eiss, communicated to the City his understanding of the drainage pattern for the area. Public Works Director Gerhardson has recommended the use of the drainage swale or underground tile because a private drainage system to the south would have a significant impact upon the Trainor property. Gerhardson has confirmed that the existing drainage ditch within the Trainor property is not a public drainage way. Chairman Kelley questioned the number of trees that would need to be removed if a 40* wide swale were installed. Mabusth estimated that many trees would need to be removed. She was unable to specify the exact number. She further added that the City was not in favor of this option, but would prefer the underground drainage tile based on the degree of impact within the lakeshore protected area. Chairman Kelley expressed his preference for option 3 and suggested tabling this item until further information could be reviewed. Because of the urgency in resolving the runoff problem oefore the Spring thaw, it was suggested that this matter be brought directly from the March 20 Planning Commission Meeting to the March 27 Council Meeting. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Planning Commissioner Moos, to table this item until more hydraulic information could be gathered by the applicant and Mr. Zuckman. Mabusth indicated to Mr. Eiss that she would provide him with the criteria needed by the City before the March 20th Planning Commission Meeting. Motion, Ayes«6, Nays»0, Motion passed. A RBSOLOnOH GRMITING VMtIAHCES TO MDIilCIPAL ZOHIHG COOB SBCTIOR 10.23, SDBDITISIOB 6 (B) FILE BO. 1371 r.wn..- '•®****®» Robert Minkena (hereinafter "the applicant") In the owner of the property located at 3200 Bayslde Road within the City of Orono (hereinafter City") and legally described as follows: WHBRBAS, the applicant has applied to the Citv of Oron . Zoning Code Section 10.23, Subdivision 6 *0 © Construction of additions to his exlstlnc residence whii h 8trUt°lot \ine‘’tnd‘’l«®‘’ti**®:.^*'*" ‘"‘’f required 50> setback from the iron: lot llne.^ ^ ^ required 5C setback from the side street Minnesota:BOW, TBBRBFORB, BB IT RBSOLVED by the City Council of Orono, FIBDIB6S 1. This application was reviewed a« Zoning Pile #1371. R;sid’e'’nVal°lffig"D\st^^^^^ ^ Lakeshore PebrJaAr 21°"l9aVfn5^J"® Commission reviewed this application on residence Is located entirely within the ^ street setbacks, and therefore any aditions to the ex;.sting residence require a variance. plight of I he landowner is due to circumstances unique to this property nov created by the landowner. ch.rac®t«"of"?he“"lo«!lty?'‘"‘'“ essential 2;cuU« t?\M“s\/opetty.'“"'' ‘his structure are Page 1 of 4 e. The existing residence is unusually close to the front and side street lot lines, which is unusual for properties in the LR- lA zoning district generally. f. Granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. g. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the zoning code. h. The granting of this variance will not merely serve as convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, co^ents by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. j. 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 haL?d''oV«tJiL*^^*®^ traffic conditions, light, air nor pose a fire <3«nger to neighboring property; would not merely serve .f1 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a applicant; and would be in keeping of the*Cxty^^^'^ intent of the Zoning Code and Comprehensive Plan COHCLOSIOHS, ORDER AMD CONDITIORS "P°" above findings, the Orono City Council hereby to ““"i^ipal Zoning Code Section 10.23, Subdivision 6 (bI will be^locat6d°S?V;“f*^^°1>f^ additions to the existing residence which oii’ir u located 33.8 from the side street lot line where a 50* side street Iron? required, and 18.4' from the front lot line where a 50' front setback is normally required, subject to the following conditions; wilY^cli'ei’^rht (attached herein as Exhibit A) which ?h»n residential additions closer to the affected lot lines than the proposed setbacks will require additional review by the City. Page 2 of 4 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 (March 13,1990). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned 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. 1989. ATTEST: Adopted by the orono City Council on tnis 13th day of March, Dorothy M. Hallln, City Clerk James R. Grabek, Mayor Property Owner(s) STATE OP MINNESOTA ) ) SS. COUNTY OP HENNEPIN ) The foregoing day of instrument was acknowledged before me on this _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _19_ _ _ _ _, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of~the City of Orono, a Minnesota municipal corporatiou and said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 3 of 4 I '<» I TO: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator bernhardson FROM: Michael P. Gaffronr Asst Planning & Zoning Administrator DATS: February 13, 1989 SUBJECT: #137# Robert and Teresa Minkeraa, 3200 Bayside Road - Variance - Public Hearing Zoning District - LR-IA, 2 acre unsewered Application - Request for front and side street setback variances to construct additions to existing residence structure. List of Exhibits Exhibit A Exhibit B Exhibit Exhibit Exhibit Exhibit Application Plat Map Property Owners List Survey Survey with Staff Notations Proposed Floor Plans Pertinent Facts 1. Setbacks: EXISTING Front (South) 10.4* Side Street (East) 33.8* REQUIRED 50* PROPOSED VARIANCE 10.4* (18.4* new) 39.6’ (79%) 33.8* (33.8* new) 16.2* (32%) 2. Applicant is proposing to construct a two story addition to the existing house. The additions extend northerly along the east line of the house, so the setback from the east lot lipe will remain at 33.8*. The proposed addition at the southwest corner of the house apparently is a covered porch area. The applicant has not submitted elevation views of the proposed residence, since those plans apparently have not been drawn up yet. However, the floor plana would indicate the house will be two full stories at a point 18.4* from the south lot line. 3. The proposed garage addition is located entirely within the allowable accessory structure building envelope, and does not require a variance. 4. Area of the property is approximately 1.1 acre. The property is located approximately 1,100* from Stubbs Bay, hence while it is within a lakeshore zone, it is outside the 1,000 foot area under hardcover limitations. Proposed hardcover is only about 8%. Discussion - As of this writing, applicant notes he will be submitting elevation views prior to the Planning Commission meeting along with his building permit application. Procedural Options 1. Recommend approval based on the following findings; A. The existing residence is located entirely within the reguired front and side street setbacks, and th»?refore any additions to the existing residence require a variance. B. The plight of the landowner is due to circumstances unique to his property not created by the landowner. C. Granting of the variance will not alter the essential character of the locality. D. The special conditions applying to this structure are peculiar to this property. E. The existing residence is unusually close to the front and side street lot lines, which is unusual for properties in the LR-IA zoning district generally. F. Granting of the variance is necessary for the preservation and enjoyment of a substantial rignt of the applicant. G. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the zoning code. H. The granting of this variance will merely serve as convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. 2. Recommend denial, by making opposite findings from those noted above. 3. Recommend approval as noted above, with specific conditions the Planning Commission may wish to require. 4. Other. CITI OF OROHO - VWIIMICII APPLICATION u Initial Application Fee $150.00 ($50.00 per each additional variance) f/ ^ ^ . Renewal Variance Fee $75.00 % .xi*^ (no change from original applicationTT^ After-the-Fact Fees (Double application «€ee)i PROPERTY LOCATION Site Address 1^0 SHij^L cL^ ^O cXcL . L OnO /^, M//L/lfLSC . Property Identification Number (P.I.D.) 0^ // 7 ” /V “ O'QO T.i Please check one - Property v/" abstract or _ _ torrens? -VfvAi.' . .-V « V V AtT.ach legal description to application if not included on required survey. APPLICANT Phone (home) V' Name U T^r^esCL A//^/^g^fc>ne (work )^ Address: City: _ Zip? 5^^5 (> OWNER (if different than applicant) Name _ _ _ _ _ _ _ _ _ _ _ _ _ Phone (home) Phon® fwork) Address:City:Zip: Date Property Acquired M CL f'dA- ^ f, & Q (month/year) I (do)((do not^ also own the adjacent parcels of land PRESENT OSB OP PROPERTY Present Zoning District Present Use of Property jlesidential j Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $ • Oo Describe request in detail: /o 5 /'r/lOc^^ cut s^/} (? ^ _ _ _ _ _ _ VARIANCES REQUIRED Lot Area ■r-<^ Lot Width Hardcover Setback Variances ( ^ Front so' /2c'3^ Other _ _ _ _ _ _ .. Side ^Rear) hardship Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; eZy /J/z.//✓/y;./ _________ 'iPtaac/L . /nFsj^ V DBSCRIPTIOH OF OHOSOAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements; Jn/- y.s X d? X<lres_ _ _ _ _ _ _ _ _ _ _ _ _ _ REQUIRED SUBMITTALS 1. Completed Application FOi.^ 2. Certified Property Owners Lis». of owners within 150* (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). 4. Certificate of survey including hardcover calculations as required. 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6. Plat Nap (obtained with property owners list). 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. 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 Zoning Department that Variance Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ APPLICANT*S SIGNATURE The applicant hereby agrees to provide all information requited or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date 'A ‘/'/77^ONNBRS 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. ^ ' y ^ ^ 'C,3 *to RIM DATE OI/17/tf DATCH OM HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST Se 04-117-2S 23 0006 PROP AOOR 00340 LEAF ST (MCR NAME L H BEHRHAN A JANE E BEHRMAN TAXPAYER LEIGH H A JANE E BEHRMAN NAME/AOOR 340 LEAF ST LONG LAKE »M 55354 38 04-117-23 23 0009 00360 LEAF ST H C FURCHNER JR ETAL HENRY FURCHNER 360 LEAF ST LONG LAKE MN 55356 REPORT NO. PI435401 PAGE 20 38 04-117-23 23 0010 00400 LEAF ST E T A S A HILLMAN TIMOTHY HILLMAN 400 LEAF ST LONG LAKE MN 55356 PROP AOOR ONNER NAME TAXPAYER NANE/AOOR PROP AOOR ONNER NAME TAXPAYER NAHE/AOOR 38 04-117-23 32 0005 00038 ADDRESS UNASSIGNEO A 6 CARLSON A S J CARLSON ALAN 0 A SUSAN J CARLSON 3125 FOX ST LONG LAKE MN 55356 38 05-117-23 14 0006 03240 BAYSIOE RO DAB BOYLAN DONALD K BOYLAN 3240 BAYSIOE RO LONG LAKE MN 5S3S4 38 05-117-23 14 0003 00345 LEAF ST THOMAS H MEYERS THOMAS MEYERS RT 1 BOX 493 LONG LAKE MN 55356 38 05-117-23 14 0007 03200 BAYSIOE RO RAT Mir«EMA ROBERT L A TERESA M MINKEMA 3200 BAYSIOE RO LOt» LAKE MN 55356 38 05-117-23 14 n004 00375 LEAF ST MAC TAYLOR II CRAIG K ANDERSON 1565 ORGNO OAKS OR LONG LAKE »M 55356 38 05-117-23 41 0017 03225 BAYSIOE RO R B A V 0 SMELOON RONALD B SHELDON PO BOX 61 LONG LAKE MN 55356 A. ) 38 W5-117-A3 41 0016 PROP AOOR 03221 BAYSIOE RO GrMER NAME A J ROBBINS A ^ L ROBBINS TAXPAYER ARNOLD J ROBBINS NAME/AOOR 3211 BAYSIOE RO LONG LAKE MN 55354 TOTAL BATCH 006 00010 »■ . > I*. I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEI OF HY KNOHLEI fp' 11 -fl 7r X * J-0pp 0 0=^n <L ; • - • .■•,T» • ' »-r-* *•.:V «-. ■- ■ .“V • r- mMi? : ■ ^ '• j-: ■•,••:;* V ■ • ■ • * • • ; . ! ‘ - X"'' ' PrttJ/’ose^ Sfzi3voh» #1371 I—L_ *..•*• ■* ---------1 •xi^-c^r f r' 1 - "-1 »-< "V ••'- ----------------- • >1 »»••* : ^-J 1 _—{ i P v:^•\. r __b ii 1 C l—Iir» ' {1 1? ^•*i # V, i . t* # WW i • ir •• M_____ \ • f* *' ■• ♦$ r — '*" trr:?~ *'rvVrtri\r.“^ • PcoftPSeCi H>/a» flaoA, #13 ’71 r V-*-. ■;^:xv t;7 :• r ofoi:e i^//AJ fl^i:>^ M r > r-» -fli 6 1tr iwy^jiggiaaa^gfe^ i- V . . ■: a re&A)SPt- Sf (i5/'JVu ytcxyrC 3,. ^ Planniii-i, w^-^unission Chairman Kelley Planning Commission Members City Administrator Bernhardson FBON: DATS: Subject: COUNCIL MEETING MAR 131989 Jeanne A. Mabusth, Building & Zoning Administrator CITY OF February 16, 1989 #1372 Donald Kempf, 1180 North Arm Drive - Preliminary Subdivision Class II - Public Hearing «; I I Zoning District: LR-IB Lot Width: Required ■ 140' Lot 1 Proposed ■ 200' Lot 2 - 169' Loma Linda north/south a 200'+ Loma Linda east/west Lot Area: Required « 43,560' Lot 1 • A 212 square feet Lot 2 * 58,325 square feet Review Of Hardcover Lot 1: Area ■ 60,212' square feet Allowed 21,074 square feet or 35% Existing 3,013 square feet or 5% Lot 2: Area ■ 58,325 square feet Allowed - 17,497 square feet or 30% Proposed 30,749 square feet or 6% List of Bxhibits Exhibit A Exhibit B Exhibit Exhibit Exhibit Exhibit Exhibit Application Plat Map Property OwrsiS List Access Permit Hennepin County Plus Sketch Cook's Report Cook's Sketch Preliminary Plan Review of Application , j ^ ^ „Applicant proposes the division of his 3+ aero parcel into two lots. A building permit was issued for the structu^,% on proposed Lot 1 on 4. 1989. Please review Exhibit D, the access permit from Hennepin County that already approves the access location. V-te existing structure on Lot 1 meets all of the required setbacks of the LR-IB Zoning District new division line. The old cabin now located on proposed Lot continues to be a non-conforming uce/structure as once again there is no residence to provide the necessary credit for the accessory structure. The preliminary survey notes that this structure will be removed. It may be appropriate in this review to set a deadline date for the removal, possibly prior to fina^ plat approval. Both proposed lots satisfy all pertinent lot standards for the LR-IB Zoning District. Zoning File #1372 February 16, 1989 Page 2 of 2 ***^^cewer is available to proposed Lot 2 within Loma Linda and Loma Avenue. Property owner has paid for the sewer assessment against the property in^ddit'ion to a sewer unit. The only f "Id made will be a SAC payment at the time the building permit is issued. vacatlra right-of-way for the public Loma Linda and Loma Linda Avenue. The dedicated area sewer lines that are adjacent to the roadway and are now located within the public dedicated right-of-way. In addition, the City must ask for additional right-of-way at the intersection of Loma Linda and Loma Linda Avtnue per Engineer's sketch, Exhibit F Note per preliminary plan that the portion of the roadway still intersects witxiin proposed Lot 2. Access is very poor at the proposed 2w*drite"be drive for Lot 2. City must ask that the curb cut for the new drive be moved at least 25’ further west. Unfortunately ‘he applicant would not be able to take advantage of the higher elevations as the eastern location. The new curb cut will involve more filling for the access drive. “”*“?operty receives drainage f om both the west «"dthe north and serves as a partial retention area before it reaches the that south line of proposed Lot 2. Review Engineer's sketch. Exhibit F, that designates the ^proposed drainage easements. Cook recommends a minimum of 30? s^that drainage can never be restricted City approval. In addition, we must ask the 10' wide easement be continued along the south and east lot lines of proposed Lot 2. An approval recommendation should include the following conditions: 1. Dedication of drainage easements as Sc i V' sketch. Define 30' wide drainage easements within Lot 1 and Lot 2 and continuation of drainage and utility easements 10 wide along the south and east boarders of Lot 2. 2. Dedication of right-of-way at the intersection of Loma Linda Avenue and Loma Linda (triangle with 25 legs ). 3. Proposed access drive/curb cut at Loma Linda ^® 25' further west to improve sighting distance at drive y intersection. 4. Existing cabin on Lot 2 to be removed prior to final plat approval. Zoning File #1372 ^ jAdditional riiMonntn and Planning Coavdsaion RecoBendatlon - March 2, 1989 Page 3 of 3 The applicant agreed to all of the conditions forth by the reviewing staff pertaining to additional dedication of right of "“y* relocating of proposed curb cut serving Lot 2, and dedication of 30 wide drainage easement within Lots 1 and 2. The applicant was concerned with the stiff recommended condition regarding the removal of I**® garage on Lot 2. The applicant asked if the required removal date could be Ihanged to the time of the building permit being Issued for new ^M^identia construction on Lot 2. The Planning Commission agreed to the applicant s request but stated that t^e detached structure must be removed no later than September 1, 1989. The applicant found no problem with the final removal date. The enclosed approving resolution has been drafted per the Planning Commission's recommendation of approval. A RBSOLOnOM GRANTIM6 PRELINIMARY APPROVAL OF A SUBDIVISION APPLICATION FOR DONALD R. KEMPF FILE NO. 1372 WHEREAS, Donald R. Kempf (hereinafter "the applicant") on January 24, 1989 filed a formal subdivision application with the City for a Class II Subdivision, plat of two lots of the property legally described as follows : The South 199.40* of the Southeast quarter of the Northeast quarter of Section 07, Township 117, Range 23, Hennepin County, Minnesota, lying East of County Road 151. Subject to a right-of-way easement over the East 10', the North property") and; 10', and the South 10', (hereinafter "the WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning Code, the Orono Planning Commission held a public hearing on February 21, 1989 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on March 13, 1989, the Orono City Council considered the subdivision application of the applica.^t, noting the following findings of fact: 1. The property is located within the LR-IE Single Family Lakeshore Residential Zoning District requiring a minimum of 1 acre of land within each newly created lot. 2. The property contains a total of approximately 2.5*»' acres. 3. The proposed plat contains 2 lots each exceeding the 43,560 s.f. minimum lot area requirement (Lot 1 » 60,212 s.f.; Lot 2 « 58,325 s.f.). 4. Access to Lot 1 shall f ' via an approved curb cut at North Arm Drive. Lot 2 shall be served via Loma Linda Avenue. Lot 2 has adequate width along the public roadway providing adequate sighting distance for the new curb cut. 5. All lots meet the required 140' width adjacent to the road and at the rear of the front yard setback line. 6. A single family residence can be constructed on all proposed lots without the need for any variances. Page 1 of 4 7. The property is located within a sewered district and has been assessed for two units. No additional sewer payments are required by the applicant. ■CW, THlUtBPORB BB 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 Donald R. Kempf per plat drawings by James H. Parker, Registered Land Surveyor No. 9235 of Advance Surveying and Engineering Company dated November 8, 1988, revised November 12, 1988, subject to the following conditions: 1. Prior to the issuance of a building permit for new construction on Lot 2, the final plat must be filed with either the Hennepin County Recorder's office or the Registrar's Office. 2. FINAL PLAT SUBMITTALS: The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: A. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"“200'. Drawing to Include: a) Lot lines platted per preliminary survey by Advance Surveying and Engineering Company, James H. Parker, Registered Land Surveyor, dated November 8, 1988, revised November 12, 1988. b) Dedication of "drainage and utility easements" as shown on the above described preliminary survey subject to the following modifications: i. Continue 10' wide drainage and utility easement along the south and east borders of Lot 2 where it has been omitted. ii. Designate 30' wide drainage easements within Lot 1 and 2 as shown on attached sketch. iii. Dedication of right-of-way of Loma Linda and Loma Linda Avenue as shown on the above referenced preliminary survey. In addition, the City must ask for additional dedication of right-of-way at the northwest quadrant of the intersection of Loma Linda Avenue and Loma Linda, refer to attached sketch. Page 2 of 4 B. LEGAL DOCUMENTS required; a) 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. b) The applicant must provide certified copies of all recc^rded easements currently affecting the property. c) Signed and executed Drainage Easement over drainage easements within Lots 1 and 2 (the area shown as the 30* wide drainageways within Lots 1 and 2). See form attached. C. FEES TO BE PAID: Total Due $700.00. a) Park dedication fee per current schedule; Lot 2 at $400.00 b) Final plat fee « $150.00. c) Legal review and filing fees of $150.00. 3. Proposed access drive/curb cut at Loma Linda Avenue to serve Lot 2 to be moved 25' further west to improve sighting distance at driveway intersection. Applicant to provide a revised site plan upon filing for a building permit. 4. Existing accessory structure on Lot 2 to be removed at the time of the issuance of the building permit or by September 1, 1989, whichever occurs first. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 13th day of March, 1989. ATTEST: James R. Grabek, Mayor Dorothy M. Hallin, city Clerk Page 3 of 4 STATE OP MINNESOTA ) COUNTY OP HENNEPIN ) ) 88. The foregoing inetrument was acknowledged before me on this __ _ _ of _ _ _ _ _ _ _ _ __ _ _ _ _ » 19_ _ _, by James R. Grabek & Dorothy M. Hallinr Mayor & City Clerk of the City of Oronor a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 4 of 4 Receipt - # "372•5 CITY OF OROHO - SUBDIVISIOH AFPLICATIOIF PROPERTY LOCRTIOH Site Address " UiiMbA At\J ^_________ Property Identification Number (P.I.D.) :l rv -r,- *.*- • WV « V *• Please check one - Property __^^abstra^or _ _ torrens? ■,1. I■.... i Attach legal description to application* A^rC/Ht SO^I) APPLICAET Name T)n A/'A L Phone (home) -4-'70 -14- 4-iT Phone (work)-4“*70 “ ( 4-k Address: Bc City:Zip: riMMgp Mf different: than aoDlicant)Phone (home) N2une Phone (work) Address:City:Zio: (attach list if more than one) EXISTING LAND USB Number of Tax Parcels Development Size Acres Dry Land Acres Wet Land Acres Totalp all parcels Present Use (check)Residential^ no. of units €D KJ Other (soecifv) Present Zoning District PROPOSAL _ _ _ _ _ _ Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Suiwivisi<^^for New Building Sites iOPE.Number of Building Sites: O U fz^ "7X0 d) Existing Units New Units Total Units Proposed Gross Density: Minimum Lot Size: Proposed Use: (check) Units per / ^ Acr^js / ^ Sq Feet Dry Buildable Land ^!^^sidentiall> ""other (specify) NIHIMOM NATBRIAL HBCBSSARY 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 4. StampVdV legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). ^ i 5. 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. Payment of fees (park fees, filing fee, sewer and water assessments). 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. ^_ _ _— FEES Sketch Plan Review (Class I, II & III) Preliminary Review (class I & II Subdivision) $150.00 250.00 Preliminary Review (Class III and all non-residential) ^o^SoAot Final Plat Review (Class III) ♦(Plus any legal or engineering charges) 150.00* Applicant's Sianature^::^^^''^C^v-^^^ Owner's SignatureD®te y Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission third Monday of each month. Applicants must be present at all . review meetings of the Planning Commission and Council. If unable to attend a scheduled meeting, please n^ke * authorized agent attend in your place and to advise the Building 6 Zoning Office of this change prior to the meeting. c-------- RUN DATE 0I/19/S9 BATCH DOS o\ 58 07-117-25 lA OOOA PROD AOOR 01029 LOHA U.OA AVE (MCR NAME R • R KNON TAXPAYER RALPH B KNOX NANE/AOOR 1029 LCHA LINDA AVE HOUND Ml 5536A HEMCPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY QNNERS LIST 56 07-117-25 lA 0007 01025 LOHA LINDA AVE AXEL E SEE6ER ETAL LA VONNE SORENSON 1001 LOHA LINDA HOUND HN 5556A REPORT NO. PIA55A01 PAGE A 58 07-117-25 lA 0008 01001 LOHA LINDA AVE GILMAN 6 SORENSON GILMAN G SORENSON 1001 LOHA LINDA HOUND MN 5536A 58 07-117-25 lA 0012 PROP AOOR 011A5 LOHA LINDA AVE OMCR NAME JEFFERY D JOHNSON ETAL TAXPAYER JEFF 0 JOHNSON NAHE/AOOR 11A5 LOHA LINDA AV HOUND Ml 5536A 58 07-117-25 lA 0015 01155 LOHA LINDA AVE EUGENE GEYEN ETAL EUGENE A GEYEN 1155 LOHA LINDA AVE HOUrO Ml 5536A 38 07-117-25 lA OOIA 00058 ADDRESS UNASSIGNEO D A J KEHPF DONALD R KEHPF BOX 56 NAVARRE HN 55592 PROP ADOR OMCR NAME TAXPAYER NAHE/AOOR PROP AOOR OMCR NAME TAXPAYER NAME/AODR PROP ADDR OMCR NAME TAXPAYER NAME/ADDR 58 07-117-25 lA 0055 01180 ELHHOOO AVE J H LAHBRECHT ET AL JON N LAHBRECHT 1180 ELMRXX) AVE HOUND Ml 5556A 58 07-117-25 lA 0052 01151 NORTH ARM OR R A KUTZ ETAL R A KUTZ 1151 NO ARH DR HOUND Ml 5556A 58 07-117-25 lA 0061 OllAO NORTH ARH DR TIMOTHY L BRO TIMOTHY L BRO llAO NORTH ARH OR MOUND MN 5556A 38 07-117-23 lA 0056 00038 ADDRESS UNASSIGtIED B E A R K 6ARL0CK BRUCE GARLOCK 1179 ELMEXJO AV HOUND Ml 5536A 58 07-117-25 lA 005A 01179 NORTH ARM OR NAN ROCKVAM NORMAN A NANCY ROCKVAM 1179 NORTH ARH DRIVE HOUND MN 5536A 58 07-117-25 lA 0062 01160 NORTH ARH OR RAC GUOHUNSEN RICHARD A CMARLEIC GUOHUNSEN 1160 NORTH ARM DR MOUND rtl 5556A 38 07-117-23 lA 0037 01153 ELMIOOD AVE RICHARD JAMES HEIT RICHARD JAMES HEIT 1155 ELMIOOD AVE HOUND MN 5556A 38 07-117-25 lA 0060 01169 NORTH ARM DR GARY E BEITO ETAL GARY A ROSALIE BEITO 1169 N ARM OR MOUND Ml 5536A 38 07-117-23 lA 006A 01155 NORTH ARH OR HANS 6 A EHILIE E NEILER HANS G A EHILIE E NEILER 1135 NORTH ARH OR MOUND MN 5536A CO to 58 07-117-23 lA 0065 PROP ADDR 01125 NORTH ARM DR OMCR NAME DAVID J A VALERIE J PETERSEN TAXPAYER DAVID J A VALERIE J PETERSEN NAHE/AOOR 1125 NORTH ARM DR MOUND Ml 5536A 38 07-117-25 A1 0006 01205 LOHA LINDA AVE K R HINRICHS ASM HINRICHS KEVIN R P SUZAMC M HINRICHS 1205 LOHA LINDA ORONO Ml 5536A 38 07-117-25 A1 0007 01225 LOHA LINDA AVE EARL E Orr.cY ETAL EARL OTREY 1225 LOHA LINDA AVE HOUND MN 55369 RUN DATE 01/19/89 BATCH DOS HENNEPIN COUNTY PROPERTY INFORHATIOll SYSTEH PROPERTY OI>tCRS LIST REPORT NO. P1AS5A01 PAGE 5 58 07-117-25 A1 0008 PROP ADDR 01295 LONA LINDA AVE OMNER NAME STEVEN H NARTXN TAXPAYER STEVEN N MARTIN NAHE/AODR 1295 LOMA LINDA AVE HOUND MN 55564 58 07-117-25 41 0009 01280 NORTH ARM DR VINCENT C MCCLELLAN VINCENT C MCCLELLAN 1280 NORTH ARM OR MOUND MN 5536<k 58 07-117-25 41 0010 01264 NORTH ARM OR FRANCIS 0 corns ETAL FRANCIS 0 COIBS 1264 NORTH ARM OR MOUND T94 55564 PROP ADDR OltCR NAME TAXPAYER NAME/ADDR PROP ADDR OltCR NAME TAXPAYER NAME/ADDR 58 07-117-25 41 0011 01264 NORTH ARM OR FRANCIS 0 COMBS ETAL FRANCIS 0 COMBS 1264 NORTH ARM DR MOUND 55564 58 07-117-25 41 0014 01245 NORTH ARM DR GEORGE HOVLAND GEORGE HOVLAND 1285 NO ARM DR MOUND Ifl 55564 38 07-117-25 41 0012 01216 NORTH ARM OR R L DURKIN ETAL RICHARD L DURKIN 1216 NO ARM DRIVE MOUND Itl 55564 58 07-117-25 41 0015 01285 NORTH ARM OR GEORGE HOVLAND GEORGE HOVLAND 1285 NORTH ARM DR MOUND IM 55564 ' 117-25 41 0015 NORTH ARM DR ;>KAGERBERG h SKA6ERBER6 12US NORTH ARM DR MOUND MN 55564 58 07-117-23 41 0016 01205 ELMHOOD AVE TAJ REGNIER THOMAS D I JANE REGNIE*. 1205 ELIMOOD AVE MOUND MN 55564 C/0 58 07-117-25 41 0017 PROP ADDR 01265 ELMHOOD AVE OMNER NAME JOIM A PERKINS JR ETAL TAXPAYER JOHN PERKINS NAME/ADDR 1265 EUMOOD AV MOUND MN 55564 58 07-117-23 41 0018 01295 ELMNOOO AVE K J BEVANS ASH SCHMIDT KELLY BEVANS A SUSAN SCHMIDT 1295 ELHNOOD AVE MOUND Itl 55564 50 07-117-25 41 0029 01501 NORTH ARM DR ELIZABETH L DRESSEL ERICK KALLERUP 1301 NORTH ARM DR MOUND MN 55364 58 07-117-23 41 0030 PROP ADDR 01505 ELItlOOO AVE OMNER NAME KEITH E SIMONS/PERSONAL REP TAXPAYER TIMOTHY PLAZXAK NAME/ADDR 1505 ELIMOOO AV MOUND MN 55564 58 07-117-23 41 0076 01254 LOMA LINDA AVE RAJ 6AN.NER RONALD A JANICE GANTNER 1254 LOMA LINOA AVE MOUND Itl 55364 38 07-117-25 41 0087 01210 LOMA LINDA WE DONALD R UDELL ET M DONALD R A CAROLYN UDELL 1210 LOfU LINOA AVE MOUND MN 55564 58 08-117-25 25 0002 PROP ADDR 01180 LOMA LINDA AVE OMNER NAME E 0 SCHUCHMANN ETAL TAXPAYER E 6 SCHUCHMANN NAME/ADDR 1180 LOMA LINOA AVE MOUND Itl 55564 58 08-117-25 25 0005 01190 LOMA LINDA AVE JEFFREY G LYWI JEFFREY G LYNN 71 NO MAIN ST CLARKSTON MI 48016 58 08-117-25 23 0012 01150 LOMA LINDA AVE WILLIAM A BOCKMAItl WILLIAM A BOCKMAItl 1150 LOMA LINDA AV MOUND MN 55364 RUN DATE 01/19/89 BATCH DOS S8 08-117-2S Zl 0015 PROD AOOR 01190 LOHA LINDA AVE OltCR NAME STANLEY H GOLDBERG ETAL TAXPAYER STANLEY GOLDBERG N D NANE/ADDR 7019 TUPA DRIVE HPLS MN fS935 HErtlEPlN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY 0»«IERS LIST 38 08-117-23 23 0019 01160 LOHA LINDA AVE S M GOLODERG ETAL S H GOLDBERG 7019 TUPA DRIVE MPLS W 35935 REPORT NO. PI935901 PAGE 6 38 08-117-23 23 0015 01170 LOMA LINDA AVE LUELLA G GOLDBERG LUELLA G GOLODERG 7019 TUPA DR HPLS HN 55935 PROP AOOR OltCR NAME TAXPAYER NAHE/AOOR PROP AODR OltCR NAME TAXPAYER NAML/AODR PROP ADDR OltCR NAME TAXPAYER NANE/ADDR 38 08-117-23 23 0018 00038 ADDRESS UNASSIGNED STATE LAND DEPT CITY OF ORONO STREET 6/19/70 ST DEED 136853 38 08-117-23 23 0026 01122 LOMA LINDA AVE ROGER L NILLIAHS ROGER L NILLIAHS 815 SN 16TH ST NILLMAR HN 56201 38 08-117-23 32 0006 01230 SPRUCE PL N HYATT HOE H NYATT MOE 825 SO 8TH ST MPLS MN 55909 38 08-117-23 23 0019 01135 LOHA LINDA AVE 0 I P DYE DANIEL M DYE 1135 LOHA LINDA AVE MOUND MN 55369 38 08-117-23 23 0027 01200 LOMA LINDA AVE EDMUND GRIFFIN ET AL DONALD R UDELL 1210 LOHA LINDA AVE MOUND MN 55369 38 08-117-23 32 0007 01290 SPRUCE PL RONALD J DUItl t HIFE RONALD J DUI» 1290 SPRUCE PL/ROUTE 1 MOUND ttl 55369 38 08-117-23 23 0020 01127 LOMA LINDA AVE K H HEDSTER ETAL ALLEN « KATHY BAKKE 1127 LOMA LINDA AV MOUND IM 55369 38 08-117-23 32 0005 01220 LOMA LINDA AVE H NYATT MOE ETAL N WYATT MOE 825 SO 8TH ST MPLS HN 55909 38 08-117-23 32 0008 01250 SPRUCE PL H H HOLFE ETAL H N HOLFE 1250 SPRUCE PLACE MOUND MN 55369 * - <{ PROP AOOR OWNER NAME TAXPAYER NANE/ADDR TOTAL BATCH 003 00098 RUN DATE 01/19/89 BATCH 003 HErtCPIN COUMTT PROPERTY INFORMATION SYSTEM PROPERTY (M4ERS LIST REPORT NO. P1A35901 PAGE 7 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE ..ENNEPIN COWTY DEPARTMENT OF PROPERTY TAXATION, TO THfr BEST OF HY KNOHLEOGE AND BELIEF. lEPARTMENT OF PROPERTY TAXATION, TO T^ f- fV*-.' f • -1 C5>v, f\ RC 8330 HENNEPIN COUNTY PUBLIC WOr.KS 320 Wash noton Avenuo Sr it^ Hopkins, M-f'K'tota t-’ 'V DRIVEWAY OR STREET ENTR^'^RMI T AiMD SPECIAL PROV SPECIAL PROVISIONS Field inspected Location Dave Zstterstromtedby«iiilE_£H irm Drive Speed zone Sight distance; Actual • Left.210* Minimum • Left,35T ___Right .Right Curb to be removed to: ° Construction Joint D Sawed Joint Recommended drainage: □ Surface O Culvert Culvert length -------- “^Se'O'.f reconnended □Inlmums Culvert diameter, i'a ba dat.jrmincd after site grading Type of sidewalk: □ Concrete □ Bituminous a Cutback required 1. CONSTRUCTION SPECIFICATIONS (Within Right-of-Way) Type- Depth. SURFACE CURB Type_CS-Rfl£i Type_ Depth *^1n ■ Design, SIDEWALK Type--------- ___ Depth.. SHOULDER Type______ Depth_____ BLVD • Dl'*' Topsoil. Depth.3'* ♦Seed or Soa ^ TRAFFIC CONTROL REQUIREMENTS Plata #2 Barricades (100 Series) Advance Warning '200-300 Senes)Steady Burn (500) . Cones (28" • Day Glo) SPECIAL PROVISIONS One 14* minimum, 22* maximum width private driveway permitted as drawn. Approach to maintain shoulder pitch (23 grade) within right-of-way. Site to be graded to maintain existing drainage pattern or culvert provided by applicant on-site w^t ditch/swale created accordingly. Entrance must be located as drawn to iik.aI- available sight distances. DO NOT PLACE CONCRETE ON COUNTY Rlf^HT-Oh WAY WiT HOUT V-.<ITTEN PERMISSit IF YOU HAVE ANY QUESTi^^''' S CALL 'ORIVKkvAY PiiRiyiiTS" 93S-3381 EXT 216C 310 I Diagram A j OMKamB -L IMPORTANT: TYPE "a" CONSTRUCT ROUNDCO BERM TO IMFOBTAiVr: CONSTRUCT SWALE TO DIVERT WATER FROM “ pr* :VI£NT WATER FROM RUNNINO naWN SHOULDER. DRIVE. Exlflins Roaih«i^- Pfaca cuhrart In axivting ditch Culvert furnished .A-A. Dete ufdelivery' Final inspection date _1 Driveway was to be ° l- tf »n- □ Ur. Insps. jy REVIEWED BY DATE APPR'^V HENNEPIN COUNT^llBLIc SECTION Date./ J A Jf /v *5^ kWt- % t riaeofJUmi^ai^ 'fSSli?^L»Li fOsterS Stnii 'i, ■ 4 .|.'V'iJ :*.• £Misfing\ Omlllng ,dii444t*4 mm :f w. j|;;. /<Ji/-l >I.'1 i! ■> •9B0 ■s.'i. ,*:. ,:K '.‘‘I 11 f/l .4■■■: /yf I a IT / // ‘1^ 384 ___<ia^ /' ‘I’ ■ ,' 'f ffl vi:f/i''i:i'''! ■i'; .■: ' '•• •.:7i: ..lip'ii --i; I-, - rrirt Pifik i? A .) ■ I'!:;;''!'.,, .l‘‘ ‘ 1-'*.: •? •. I •= *.^::7 i/li Bonestroo Rosene Anderllk & |\J| Associates Engineers & Architects ooo tj- Bonntfoa PE RoOcrt W Rosene. PE. osetin C Anoemk. PC Si-aofonl A. Leinoero. PE Rtcruio E TUmef. PE. Jjoses C. Olion. PE. Glenn ft Cook. PE. Thomji E PE. Rooeft G. SctiunienL PE. Mjfwm L Sorvaia. PE- Kean A. Goeaon. PE. Rktiaro W. Foswf. PE. OonaW C BwgafOL PE Jerry A. Bourdon. PE. Mark A. Hanson. PC. red K. HeM. PE. Micnaei r Rauonann. PE. Roeen R Pfefferie. PE Oavid Q Loskoca. PE momas W Pnerson. PE. Michael C Lynch, PE. James R Maiand. PE Kermem P Anderson. PE. Kean A. Bacnmann. PE. Mark R Rolfs. PE Rooert C. Russck. A i.A. TTwmas E. Angus. PE. Hoxwd A Sanford. PE. Oamei J. Edgertoa PE Mark A. ScifX PE. Philip JL Casvveit. PE Mani O UUMliS. PE Charles A Erickson Leo M Pavneisky Hanan M. Olson Susan M. Ocrun. CPA February 13, 1989 T of Orono Box 66 Crystal Bay, MN 55323 Attn: Jeanne Mabusth Re: 139-1372 Loma Valley Dear Jernne: We have reviewed this preliminary plan for the Loma Valley Subdivision. There are several items that should be modified on the plan. Drainage easements 30 feet wide should be provided through the low areas on each lot. Right of way should be provided at the cormer of Loma I.indr* Avenue and Loma Linda (Triangle with 25' legs). Drainage and utility i-avt-ments 10' wide should be provided adjacent the streets. The driveway access to North Arm Drive (Co. Rd. 151) should be reviewed with Hennepin County. The driveway access to Loma Linda Avenue should be moved west 25 feet if possible to provide improved sight distance. If you have any questions, please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK h ASSOCIATES, INC. Glenn R. Cook GRC:df 0458f 2335 West Hlglr/vay 36 • St. Paul, Minnesota 55113 • 612-636-4600 Mayor Grabek Orono Council Members City Administrator Bernhardson COUNCIL MEETING MAR 13 1933 CITY OF ORONO 9 FroBs Michae^ P. Gaffron, Asst Planning & Zoning Administrator Dates March 8, 1989 Subjects #1377 Richard Anderson, 3980 North Shore Drive - Variance - Resolution Xoning District - LR-IC, h acre, sewered Application - Request for side setback and hardcover variances to remodel and construct additions to existing residence. List of Bschibits Exhibit A - Planning Commission Action Notice of 2/24/89 Exhibit B - Planning Commission Minutes of 2/21/89 Exhibit C - Resolution Exhibit D - Memo & Exhibits of 2/15/89 Discussion - Please review the memo and exhibits of February 15, 1989. The applicant originally was requesting a side setback variance and hardcover variance to construct a 2-story addition at the rear of his house in conjunction with remodeling the existing garage area into a workshop. This would leave the residence with no garage. During discussions at the Planning Commission meeting of February 21, Planning Commission expressed concern that this owner or a future owner would eventually request additional variances for hardcover in order to construct a garage, which Planning Commission felt could possibly be avoided by conditioning approval on retention of the existing attached garage. The applicant agreed to that condition, noting that he hopes to eventually acquire portions of the property to his west which would help offset future hardcover needs. A variance of 0.4* is required to place a new foundation under the existing garage, which is 9.6* from the east side lot line, and the proposed addition to the north of the house will be approximately 9.1* from the west lot line, a variance of 0.9*. Additionally, because the structures on the property are mainly in the 75-250’ lakeshore setback zone, the proposed additions require a hardcover variance to Increase from 24.5% existing to 29.5% proposed. Planning Cii—I salon Rec idation At their meeting of February 21, 1989, Planning Commission recommended approval of the east and west side setback variances, and recommended approval of a hardcover variance for the 75-250* zone, to allow 1,720 s.f. or 28.1% in that zone. This would be accomplished by moving the 85 s.f. shed further northeast into the 250-500* zone. ndationStaff Re Staff recommends approval per the attached resolution, per the Planning Commission recommendation. ZONINti FILE HO. 1377 CITY OF OROHO NOTICE OP PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 2/24/89 TOx Richard Anderson 3980 North Shore Drive Mound, MN 55364 COPIES TOx TYPE OF APPLICATIONx Variance DATE OF MEETINGX 2/21/89 VOTEx 6 For 0 Against Planning CoandLsslon reccMmenda the following x A)uproval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1. Garage to remain as attached, may be rebuilt or upgraded as necessary (side setback variance to allow existing 9.6* recommended for approval). 2. West side setback of 9.1* recommended for approval for 2-story rear addition. 3. Existing shed must move to 250-500* zone. 4. Hardcover in 75-250* zone allowed: Proposed 1,805 s.f. less 85 s.f. shed * 1,720 s.f. (28.1%) Applicant*s next scheduled meeting is confirmed as: City Council March 13, 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. mons or ns piawik cotoassioM nbbthig rmmxt 21« i989 SOVIH FXLB «1375-mCB COTXMUKD hardcover being removed to maintain 27.6% within the 75-250* zone. Hanson based his recommendations upon the fact that Mr. Price's property does not face the main body of Lake Minnetonka. Motion, Ayes«2, Mays-4, Motion failed. Mr. Price asked that the matter be tabled to allow him an opportunity to revise his plan. It was moved by Planning Commissioner Cohen, seconded by Planning Commissioner Bellows, to table this matter. Motion, Ayes-6, Nays-0, Notion passed. «137« cnxs 9MXM 1710 81ADT1IOOO BOAD ▼AHTATBS It was moved by Chairman Kelley, seconded by Planning Commissioner Bellows, to table this item until the March 20, 198 9 Planning Commission Meeting, as requested by the applicant. Motion, Ayes-€, Nays-0, Motion passed. 91377 mZClAID MMDEMSCm 3900 mom SBOHB DHIVB VU1AKB8 PUBLIC BBARIBG 8x05 P.M. - 8:10 P.N. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicants were present for this matter. Assistant Planning and Zoning Administrator Gaffron explained that this application involved a request for side setback and hardcover variances for an addition to applicant's residence. The applicants are proposing a 9.1* side setback, where 10* is required and an increase in hardcover in the 75-250* zone from 24.5% to 29.5%. The Andersens' property dors not abut the lakeshore, but is located within the 75-250* setback zone. Further, the applicant has obtained a building permit to convert the existing garage into a workshop. Gaffron suggested the future possibility of a garage being built to the rear of the house, which would cause another hardcover increase in the 75- 250* zone. However, the applicants have no such plans at this time. Chairman Kelley expressed concern over the inevitability of a garage being constructed behind the house. Mr. Anderson stated that there may be a possibility of trading land with Hennepin County. This would provide him with more land northwest of his house in exchange for front yard land he would give to the County. Planning Commissioner Brown questioned whether there would be any hardcover that could be removed to offset the additional hardcover being requested? Gaffron responded that the driveway would be the only removable hardcover but from a safety standpoint, it should remain intact. Chairman Kelley stated that it would be difficult to WUWJTIS OP THE PUUniW COMaSSIOH JQgT lEC PSUOMT 21, 1939 SOaXK PILE «1277*BICSMD AEDEBSOE CUETIEOED r«coui«nd approval of such an intansificatlon of use for this llBitad parcal. Mr. Andarson said that ha would ba willing to ranova an axisting shad in tha 75-250* satback araa and relocata it alaawhara. Planning Comniissionar Cohan suggastad putting tha workshop into tha addition and laaving tha garaga as is. Mr. Andarsor. said that ha would ba agraaabla to that. Kallay askad that th>a shad ba aovad ovar tha 250* lina. Thara wara no cosanants froai tha public ragarding this mattar and tha public haaring was closad. It aovad by Planning Comaiiasionar Cohan, sacondad by Planning Conaissionar Ranson, to racommand approval of tha variancas raquastad in application #1377, subjact to tha axisting shad locatad within tha 75-250* zona baing movad bahind that lina, allowing an incraasa in hardcovar in that araa to 28%; and to allow tha 0.9* wast sida satback varianca and 0.4* aast sida satback varianca. Motion, Ayas»6, Mays^O, Motion passad. #1373 CDETZ8 08TBOM 4305 WATEETOEE ROAD VAEIAVCB PUBLIC BBAEIE6 8:20 P.M. - 8:35 P.M. Tha Affidavit of Publication and Certificate of Nailing were duly noted. Tha applicant was present for this matter, as was tha property otmar, Mr. Kamil Ogurbil. Zoning Admi*-istrator Mabusth explained that tha applicant was seeking a &ida satback variance for an addition to the southwest corner of tha existing residence. The present location of tha house does not neat the 50* side yard setback. Tha applicant claims that the floor plan of the existing raaidanca is such that the southwest corner would be appropriate for tha addition. Chairman Kallay expressed his concern about tha addition in proximity to tha house to tha west. Ba stated that the house was currently 47*8” from tha side lot line, tha proposed addition would reduce that to 35*7” where 50* was required. Planning Commissioner Brown questioned Nabusth's axprassad concerns pertaining to tha floor plan of tha house. Planning Commissioner Brown believed that the floor plan was not an adequate hardship and that thara wara other iItarnativas. Mr. Ostrom stated that other options ware explored and found tha currant proposal to ba most practical. Planning Commissioner Bellows stated that due to the floor plan being used as a hardship, that tha axisting floor plan should have been included in tha information she received; it was her inclination to table this matter. A KB80LIIT10H GEAMTIM VMXAKB8 TO ■DinCITAL tOnWG CODS 8BCTX0H 10.2S, SUBOIVISICNi C (B)» turn SMcncm 10.22, sobdivisioh 2 riLs n. 1377 k8, Richard Andarson (harainaftar "tha applicant**) ia oanar of tha proparty locatad at 3980 North Shora Driva within tha City of Orono (harainaftar **City**) and legally daacribad as follows: Lot 12, Hickory Rill, Rannapin County, Minnasota (harainaftar **tha proparty**); and VHSSU8, tha applicant has applied to tha City for a varianca to Muni ipal Zoning Coda Saction 10.25, Subdivision 6 (B) to parmit tha construction of additions to an existing residence, which will be located 9.1* frosi tha west lot line and 9.6* from the east lot line, where a 10* aide setback is normally required from both aide lot lines, and a varianca to Saction 10.22, Subdivision 2 to parmit additional hardcover in excess of tha 25% hardcover normally allowed in the 75*250* lakeshore setback sons. ■08, TBBR8FORB, BB IT RB80LVBD by the City Council of Orono, Minnasota: PIBDIMGS 1. This application was reviewed as Zoning Pile #1377, 2. •"ha property is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3. Tha Orono Planning Commission reviewed this application on February 21, 1989, and racommendad approval of the proposed variances based upon the following findings: A) Granting of the east side setoack variance to allow raplacesient of foundation underneath tha existing attached garage will have no additional impact on the neighborhood but will decrease the llkaMhood of a future hardcover variance application to construct a detached garage at the rear of the property. B) Their is little likelihood of tha proparty to tha west being developed with a residence since that proparty is owned by Hennepin County for hl^ ^y purr-»sas, hence tha west side setback varianca has little im on the neighborhood. Page 1 of 4 C) Th« hardcover variance of 3.1% la due to the small aise of the lot and ia necessary to preserve the substantial property rights of the owner. 4. The City Council has considered this application Including the findings and recommendations of the Planning Commlaslonr reports by City staff# comments by the applicant and the effect of the proposed variances 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 sonlng 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 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. COKL08IOHS, omm AID COHDlTIOra Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.25# Subdivision 6 (B) to permit the construction of residential additions being 9.1' from the west side lot line and 9.6* from the east side lot line where 10' side setbacks are normally required# and grants a variance to Section 10.22# Subdivision 2 to allow hardcover of 28.1% in the 75-250' lakeshore setback zone where '^ly 25% hardcover is normally allowed, subject to the following conditions: 1. Applicant shall retain the existing detached garage and may rebuild or upgrade that 1-story garage at It? present location 9.6' from the side lot line. 2. The west side lot line setback variance to allow a 9.1* side setback specifically allows a 2-story addition to be constructed at that location. 3. The existing 85 s.f. storage shed shall be moved within the property boundaries to be located outside the 75-250' lakeshore setback zone. 4. Hardcover on the oroperty shall be limited as follows; a) In tha 75-250' tone which comprises 6,125 s.f in total area, total hardcover shall not exceed 1,720 s.f* or 28.1%, per the atts-hed site plan. The applicant is advised that any future development of the property requiring additional hardcover will not be approved, but might be approved only in conjunction with concurrent removals of existing hardcover in the 75-250' tone resulting in no net increase in hardcover on the property. 5. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be •*«^cised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (March 13, 1990). 6. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the sonlng 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 himself, his heirs, successors and assigns, hereby agrees to the recording of this jrasolution in the chain of title of the property. Adopted by the Orono City Council on this 13th day of March 1989. ATTEST! Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner (s) STATE OP MimiESOTA ) ) ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this of , 19 , by James R. Grabek & DorotKy M. Hallin, Mayor t "City Cl.rk of tK. clt7 of Orono, a Minn.sota municipal corporation and aaid inatrument was ax.cut.d on b.half of tn. City. Notary Public My Commission Expires Page 3 of 4 It VtLtmi Subjects Planning Commiaaion Chairman Kelley Orcno Planning Commiaaion Members City Administrator Bernhardson Michael P, Gaffron, Asst Planning & Zoning Administrator February 15, 1989 #1377 Richard Anderson, 3980 North Shore Drive - Variance - Public Hearing Soniiig Dietrict - LR-IC, H acre, severeo: Application - Request for aide setback and hardcover variances to remodel and construct additions to existing residence. List of Bzhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Application Plat Map Property Owners List Survey Survey with Staff Notations Applicant's Hardcover Calculations with Staff Notes Proposed Floor Plans Pertinent Facte - ^ ^ n ^ .1. Applicant is requesting the hardcover variance to construct a 2-story addition to the rear of his house, in conjunction with remodeling the front portion of his existing residence. A permit to remodel the Interior of the garage into a workshop has already been issued. There will be no garage as a result of this remodeling. ftnrlicant is also requesting a 0.9' side setback variance at the northwest corner of the proposed addition. Applicants surveyor has calculated that the proposed house corner will be about 9.1* fro ne west property line. This is due partially to the angle of the X use in relation to the existing lot line. 2. 3. 4. Although this property does not abut the lakeshore, it is mostly within the 75-250' setback zone. The house, shed, and driveway are all located near the front of the lot within the 75-250' zone hence the undeveloped rear yard does not. benefit the applicant for hardcover purposes. Existing hardcover in the 75-250' zone is approximately 24.51. The proposed additions increase that to 29.5%. As noted above, the applicant will be remodeling the existing garage zo make it into a workshop space. He notes that a future option is to create a garage to the rear of the house, which will require additional driveway hardcover as well as additional land acquisition to his west side. Depending on the actual location of that garage, it could increase the 75-250' hardcover to approximately 40% if the garage is in the 250-500' zone. If the garage was attached to the rear of the house or located near the rear of the house, 75-250 hardcover might ultimate’ reach as high a %. Zoning File #1377 February 15, 1909 Page 2 of 2 5.Applicant notes that his attempts to purchase the property to the Immediate west have failed to date. Tn® •: proj^erty la owned by Hennepin County for highway purposes, and you may recall it was turned down by the City for variances to construct a residence about 3 years ago. The County apparently has some long-term future plan to straighten out the S-curve In County Road 19. However, staff discussions with the County indicate that there is no projected date for such an occurrence, and it may be 20 or 30 years Into the future, given that traffic on this portion of County Road 19 is not expected to Increase significantly in the near future. As a result, applicant is proposing to construct addH-lons to the rear of his house rather than to the front, anticipating that the County will ultimately need some portion of his front yard for roadway purposes. Dieeneeion - Note that applicant’s rear yard rle %t a slope of approximately 10%, just past the 250* setback line, henc^^ la likely that a future garage either be attached to the rear of ^he house or located somewhere (on or either side of) the 250* setback ^ifce. This is a narrow lot, and with the proposed additions, will leave rot quite 10* either side of the residence for future driveway purposes. Applicant’s other option would be tc construct a future garage to the front of the house, which would likely require a front setback variance. The ront yard setback for this zoning district is 30*. For discussion purposes, if the entire lot was considered as being within the 75-250’ zone (which is not consistent with City practice when defining hardcover allowances), the c* rrently proposed additions would end up at approximately 10% hardcover. Options for Plannisg CoMissioii Action - Planning Commission has the following options: 1. Recommend approval based on findings that support such a recommendation. Those findings could include references to the size and shape of t ne lot, the location and skewness of the house in relation to existing lot lines, and the location of the 250' setback line. Additional findings for the 0.9* side setback variance to the ’'••t would include the fact that there is no existing residence on the neighboring property to the west and that property has been denied variances to construct a residence and is now owned by Hennepin County. Planning Commission .^ay wish to address specifically the need for future hardcover associated with a future garage on the property, considering that variances will undoubtably be necessary to construct such a garage. 2. Recommend denial making findings that support denial of the requested variances. 3. Table for further information. 4. Other. CITY OF OROHO - VMtIANCS APPLICATIOH Initial Application Fee $150.00 ($50*00 per each additional variance) Renewal Variance Fee $75.00 (no change i.rom original application) A£ter-the-Fact Pees (Double apnlication fee) # PROPERTY LOCATZOH Site Address /Oar'tL ^ 0<Z 7 Property Identif ication Number (P.I.D.) Please che. k one - Property abstract or _ _ torrens? Attach legal description to application if not included on required survey. APPLICAET Phone (home) 7 / - 9 f/ Name y^p^rro/O_ _ _ _ Phone (work) Address: ~?sgy> Dt- City; _ Zip: OWHBR (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. PRESBHT OSB OP PROPERTY Present Zoning District _ _ _^ ^ f _ _ _ _ _ _ _ _ _ Present Use of Property _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Residential Other (specify) Estimated Construction Cost $ /C> f^ooDBSCRIPTIOH OF RBQOBST ------ Descrile request in detail; ^ ^ 96 -- - VARIABCES RBQOZRBD _ _ _ Lot Area _ _ _ Lot Width Hardcover Setback Variances (_ _ _ Front X* Side _ _ _ Rear) Otner _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ #1377 ““®“crib^Xdue-»Lds^*'or pj^ctici diffixity resulting from strict enforcement of zoning r«>quiariQns i y// -------------- compliance^wi tn Zoning Code Requirements: _^'zr±s..zZ—^/?r- ^-------------- ---- ^________________________________-------- RBQUISEr SUBMITTALS certified Prlperty^IJiuier? List of owners within 150' (you must obtain tSis list from Hennepin County Department of Finance A-603 Govt Center 3. StlmpldV'legal sized envelopes (#10) re's'I' label!!ames on the above list with no return address .use address labels 1: T^plgwlhic survey (existing and proposed elevations) if any changes in existing grade are proposed. any other persons you wish notified of this application. 8. Additional items as>may be requested by ____________________ information has not been included. ___________________________________ Certification by Zoning Department that Variance Application is complete. Zoning Official’s Signature_ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _Ztlt_ _ _ _ _ _ _ _ _ _^ ^i“a^lca”^!!fby agrees to provide »X1 lUfVnhtl requested by the Zoning Administrator, agrees to pay al that re’Tn^for^l^ro! ^s-up^pTild^-is”!!!: ^a'nl*'c‘or?lc\^“trthe^best of his/her knowledge. ^X Applicant's Signature °°^° ----- CTwnl^^JJ^y ackowledges S^^n^lt^rom^r^s ’^fm^s^^rs? and" Co “ ci"l m"e«be"« for purposes of investiga tion and verification of tl^s r^est^^^^ /' owner ’s--------------y^y^^^Date / - f ;;;u;;;7mu;;‘;i;v;7rVu7m7tVai7Tnto t^ City th. Planning Commission Meeting, 7!!ist b7pr!sM all scheduled third Monday of each month. ^'il If an applicant israview meetinas of the Planning Commission and council. ii vv „ SSIb!: ”r attVnd a scheduled meeting, please authorized agent attend in your place and to advise the Buil g Office of this change prior to the meeting. I.’’.-■mt- .....J;' -'» • -J.. ^ V i--.. " ;iF -• /> -i' »V' ■' L ;io S! _ 4 1> —1%5~ ■I F>->. ^\ht /■^ 1 H sr / rv)"\ t k ^1 f»i' -i j* (n ** m»( § p S o) ■’^5 ; v: / !f 5 '^. K«^;! %'S ■ft. (J IK *'»S5 ,1- * ' t ;.l -i' MINNIE mm AVE (0 "••• 1 1 \f* S' A f5 5 0>, « 'd:i • c»t (#jjlLf ‘ MAPLE 1 » 'g;s\ V ^ J9J ® V ' ■"|7<JS. ,0.5 ’t- mJH DATE 01/U/D9 BATCH 004 PMP AMR ONNER H»m. TAXPAr?* NMI^MOR M 07-117-2S 44 OOOt DOOM ADDRESS UNASSIGNEO TQMI OF ORONO TQNN OF ORONO NEMCPIN COUNTY FROFERTV INFORrUTION SYSTEM PROPERTY OMIERS LIST SO 07-117-2S 44 0003 0400S NORTH SHORE OR SUSAN N HALKER SUSAN BXLGER 4005 N SHORE DRIVE HOUND »tl 55364 REPORT NO. PI435401 PACE 26 30 00-117-23 S3 0065 01535 MINNIE AVE MARLON H KOISTINEN ET AL MARLON H KOISTINEN 1535 MIlfllE AVE HOUND m 55364 PROP AOOR OMNER NAME TAXPAYER NAME/AOOR W 06-117-23 33 0066 01545 HllflXE AVE LEROY V RUFF LEROY V RUFF 1545 HlltaE AVE HOUND m 55364 30 00-117-23 33 0067 03950 NORTH SHORE OR JANICE M OLIHAS JANICE H OLIHAS 3950 NO SHORE DR HOUND m 55364 30 00-117-23 33 0060 03970 NORTH SHORE DR SANDRA J MARTIN LISA H HCCiURE 3970 NORTH ^HORE OR HOUND m SS364 U M-117-23 33 0069 PROP AODR 03S90 NORTH SNORE DR OtCR NAME AON CF VETERANS AFFAIRS TAXPAYER RICHARD AWERSON NAME/ADDR 3960 NORTH SHORE DR HOUND Ml 55364 SO 00-117-23 33 0070 03990 NORTH SHORE O'* HEMCPIN COUNTY HENNEPIN COUNTY 30 00-117-23 33 0071 01570 NORTH ARM OR ALICE V NELSON GLORIA J HAGEN 1570 NORTH ARM DR HOUND m 55364 PROP ADOR OMKR NAME TAXPAYER NAME/AOOR 36 00-117-23 33 0072 00036 ADDRESS UNASSIGNEO HEMCPIN CCRJNTY HEtfCPXN COUNTY SO 06-117-23 S3 0073 01560 NORTH ARH OR ROBERT A ANDERSON ETAL DAYTON A TERESA I^RSON 1560 NO ARH DRlv. HOUND Ml 55364 SO 00-117-23 33 0074 01550 NORTH ARM DR MARGARET PELTOLA MARGARET PELTOLA 1550 NORTH ARH OR HOUND Ml SSS64 PROP ADOR ONNER NAME TAXPAYER NAME/AOOR 36 06-117-23 33 0075 01540 NORTH ARM OR NVERL H ROLOSON MYERL H ROLOSON 1540 NORTH ARM DR HOUND MN 55364 SO 17-117-23 22 0009 03995 NORTH SHORE DR CHARLES J MACIOSEK H RICHARD ZUCKMAN 1619 DUPONT AVE S MPLS MN SS40S TOTAL BATCH 006 00014 #1377 r P^oPo£5t: HARDCOVER CALCULATION WORKSHEET SETBACK zone : (CIRCLE ONE) 0-75' <75-25^ 250-500' 500-1000 H ardcover in Zone A. Hnit«!S ft g.p. LENGTH WIDTH 0. Sidewalk E.Patio/Deck p.Landscape AREAS UNDERLAIN BY t . PLASTIC SHEETING 6. Other - X B« Garage _ _ _ _ c. Driveway sui - X - X Total Hardcover in Zone Total Property Area in Zone S.F. s.p* S.F. S.F. S.F. / / <T /S.F." S S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. 3 r.5r -" ^ B B S.F. S X 100 - ^9. _/'O .F. S >/ % y HARDCOVER CALCUUTION WORKSHECT SETBACK ZONE: (CIRCLE ONE) 0-75' (^-25^ Existing Hardcover in Zone A, H ouse _/V ■- X /9. V 3 • 7>, V StF. LENGTH WIDTH S.F. ^JdO, 6 - X 1 at /9. ^- X 3 S.F. y ■. X v5T^m /J. ^/ S.F. . X m S.F. B. Garage _X m S.F. c. D riveway .X m S.F. SUJ /O. 5 X s*.:?m / / D. Sidewalk X m S.F. .. X m S.F. *V»3» X m S.F. Ea Jatio / D eck X S.F. F.Landscape . - X m S.F. AREAS UNDERLAIN BY X m S.F. PLASTIC SHEETING X m S.F. X m S.F. 6. Other X S.F. Total H ardcover IN Zone 7^3 S.F. A /' Total Property Area IN Zone S.F. ;qy ” rv /^o y 3-•m X 100 • : COUNCIL UAR 13 ' CITY OF ORONO /O Zoning File #1378 Page 3 of 4 March 9, 1989 Additional Coaaents a Planning CoHiiaaion Reco*endation List of Additional Rzhibita ^ Exhibit J - Planning Commission Minutes 2/21/89 - Amended Survey - Existing Floor Plan - proposed Floor Plan - Ostrom Letter of March €, 1989 Exhibit K Exhibit L Exhibit M Exhibit N iSweStU thS^threxhibits submitted with the epEllcatlon did not support Major concern centered around the fact that the floor pl*"* submitted for the review did not demonstrate the hardship expressed by applicant. Planning Commission found it difficult to understand applicants claim that the spirit of the "Minnesota Farm Character" architecture would be destroyed with an addition placed on the east or south side of the residence. Please review the additional submittals Exhibit K - N Council review. Mr. Ostrom, applicants contractor has submitted amende survey with revised floor plan showing existing and proposed room locations on -'ach of the floor plan exhibits. Mr. Ostrom denotes the hardships involved with placing additions to the norths south and east. Mr. Ostrom*8 letter (Exhibit H) notes the following hardships: Expansion to the north (County Road 6). ^ w a) Proposed floor plan would not relate to the Kitchen expansion on the north side of the house. b) Nearness to County Road. c) Loss of trees (refer to Exhibit K). 1. 2.Most d) Location of sej^tic system review Exhibit J. Expansion to the east. a) Negative impact on dominate elevation of house, visible side of the housa when approaching from drive. b) Addition would make existing dining room area an interior room with no natural lighting - no views or windows. c) The porch structure would be lost if expanded on the east. Zoning File #1378 Page 4 of 4 March 9, 1989 3. Expansion to the south (meeting the required 50' setback from the side. a) Main entry is located on this side in relation to driveway termination point and the garage location. b) Porch would be destroyed. 4. Expansion to the west as proposed to applicant requires the side yard setback variance of 14* and notes the following findings. a) No major impact on existing trees. b) Existing plantings and shrubs along the west side provide screening year around from adjacent residence. c) Major view windows and house layout of residence^ to west living areas at opposite side of the house - no impact provided from proposed expansion. d) Neio^bor to the west sent a letter stating he had no objection to the addition. (Exhibit E) e) Maintain character of Minnesota Farm Home. Provide owner with a function^tl new floor plan. f) Entrance to house is now located in appropriate location based on existing outside improvements. g) Locatir.i ( f house to the extreme west side of 5 acre lot. h) House already exists with a substandard setback at 47 from west side lot line. Options of Action Avalble to Cooncll a) Denial. Adopting the Planning Commission recommedation. Finding the hardships presented by applicant for Council review still fails to demonstrate sufficent hardship to grant the side setback variance of 14 t*. b) Approval. Based on the hardships and findings setforth by owners representative as set forth in his letter of March 6, 1989. Council Action To give staff conceptual direction so that staff may draft the appropriate resolution for a formal Council action at the Marci 27, 1989 meeting. MINUTBS OF THE PIAMNIEG COHNISSION MEETING FEBRUARY 21, 1989 ZONING FILE il378-OSTROM CONTINUED With respect to Kelley's concerns about the closeness of the neighboring residence# Mr. Ugurbil explained that there was dense vegetation that would screen the addit .on from view. Mr. Ugurbil further added that placing the addition in another location would either interfere with an existing porch or with the natural "Minnesota farm-character" architecture which was a main reason he purchased the house. The Planning Commission, as a whole# c ' jurred with Kelley's views that the addition would encroach too closely to the adjacent property to the west. Planning Commissioner Brown reiterated his belief that there were other alternatives. There were no comments from the public regarding this matter and the public hearing was closed (Planning Commissioner Bellows departed at this time). It was moved by Chairman Kelley# seconded by Planning Commissioner Cohen# to deny the variance for the sideyard setback for #1370# Curtis Ostrom. Motion# Ayes»5# Nays«0, Motion passed. #1379 MATZATA COUNTRY CLUB 200 NAYZATA BLVD. CONDITIONAL USE PERMIT PUBLIC HEARING 8:37 P.M. - 8:38 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicant was present for this matter. It was moved by Planning Commissioner Cohen# seconded by Planning Commissioner Hanson# to recommend approval of this application. Motion# Ayes»5# Nays»0, Motion passed. #1381 JACK RHODE 1690 SHADYMOOD ROAD VARIANCES PUBLIC HEARING 8:39 P.M. - 8:45 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicant was present for this matter. Zoning Administrator Mabusth stated that this application involved a setback for new construction within the 0-75' setback area# as well as a hardcover variance for new construction. Even though there is a reduction in hardcover in the 0-75' zone# variance approval for new construction is required. The proposed structure will be 61* from the lakeshore. The second story# 2-foot wide# deck# will be 59* from the lakeshore. The overall reduction of hardcover in the 0-75' area will be 3%. Chairman Kelley questioned whether the entire existing structure would be removed. Mabusth replied that yes it would MINUTBS of the PLAHNIBG commission meeting PBBROARY 21, 1989 ZONING FILE #1277-RICHARD ANDERSON CONTINUED recommend approval of such an intensification of use for this limited parcel. Mr. Anderson said that he would be willing to remove an existing shed in the 75-250' setback area and relocate it elsewhere. Planning Commissioner Cohen suggested putting the workshop into the addition and leaving the garage as is. Mr. Anderson said that he would be agreeable to that. Kelley asked that the shed be moved over the 250* line. There were no comments from the public regarding this matter aud the public hearing was closed. It moved by Planning Commissioner Cohen, seconded by Planning Commissioner Hanson, to recommend approval of the variances requested in application #1377, subject to shed located within the 75-250' zone being moved behind that line, allowing an increase in hardcover in that area to 28%; and to allow the 0-9* west side setback variance and 0.4' east side setback variance- Motion, Ayes»6, Nays-0, Motion passed. #1378 ClIRTXS OSTROM 4605 ffATERTOim ROAD VARIANCE PUBLIC BEARING 8:20 P.M. - 8:35 P-M. The Affidavit of Publication and Certificate of Mailing were duly noted- The applicant was present for this matter, as was the property owner, Mr. Raunil Ugurbil. Zoning Administrator Mabusth explained that the applicant was seeking a side setback variance for an addition to the southwest corner of the existing residence- The present location of the house does not meet the 50* side yard setback. The applicant claims that the floor plan of the existing residence is such that the southwest corner would be appropriate for tne addition. Chairman Kelley expressed his concern about the addition in prc.ximity to the house to the west. He stated that y*® currently 47*8- from the side lot line, the proposed addition would reduce that to 3y*7*' where 50* was required. Planning Commissioner Brown questioned Mabusth's e;^ressed concerns pertaining to the floor plan of the house. Planning Commissioner Brown believed that the floor plan was not an adequate hardship and that there were other alternatives. Mr. Ostrom stated that other options were explored and current proposal to be most practical. Planning Commissioner Bellows stated that due to the floor plan being used as a hardship, that the existing floor plan should have been included in the information she received; it was her inclination to table this matter. . t_____ ♦VBBV9 WMI 9 MM *% ’MOW IMJ m mu$ untie m *| ■fUlQlMMf n«a Ml 91 rvui' Munn *■ ■M Minn M MMin W «UI I'lmita CI9 «u mum m 91 IMU MU U IttMl 9IM M •MIII4MM4 • •••9 *»* MMM • ■U19HI MUIIU *M«n Haat *:i4*t MM >4 t taH n »*»»4»M a •» aia|44 v» *9 a^* aaaiu 'i •a|aa».« aftaa* a 4a| 9Mat4l9 aa iiM« m4*4 Mittam *n »e •aaaa »ataaa| a| Ma -«ai am I*? a4aa atiM|.i*t |MM|4q 'MMai Ml ><• t»|4 atai aa M M»aaa <4|M a|4« -j fB^faa4it maafl a %W 'aaia ■9 aaittfaa aaaaiu a tta at aa tH%m» *1 •m«|4m ^,,1 • Maa *| ,!i '»»a«aan *aai a t»s 4ma*«* 1: V- 4: aasodob^ 16845 Azure Road Oaaphaven, MN 55391 Curtis R. Ostrom Katha Ann Ostrom (612) 476^72 Kerch 6, 1?59 City of Orono City Council Jeanne Kabusth, suildin^ i Zoning Adninistretor Orono» kir. Dear Council Memberst Mr, Kamil Ugurbil reaidea at and ovma the property located at 4605 Watertown Road. There ere certain faults ‘.vith the •xistlng floor plan he v/ishes to correct at f.;is tice, yet preserve the existing design characteristics of the home and retain the exist* ing large shade trees. The follox^ing la a list of faalts t-fith the existing floor plan. 1, The main entry to the house is through the porch end directly into the ::itch en or dining room, 2. The existing ^citenen is too small, outdated, and directly in the everyday trs-ffic psttern. 5, There Isn't a utility roon on the first floor. 4. The 0\.ncrs wish to have e guest bedroom. The site plan and existing floor plan were studied and various options available to us were explored v;hen designing a core effic ient floor plan that would n=et the Owners needs. The follov/ing la the results of our studies, 1. Expansion to the .lorth, a. The existinr rooms do not relate to a kitchen expansion to the ..'orth side of ^he nouse, b. nearness to County ?.d. 5 c Some large shade trees would be destroyed. d. The septic system would be effected, 2. Expansion to the East. a. The sjnrcetry of the cost prodoclnctc ele*.*atlon of the house would be destroyed, affecting the homes character. This is the cost visible side of the house when driving up the drive way. b. An addition to this side would me he the existing Dining Room an inside room; naming it very daric and with no view or windows; probably against the building code, c. The existing porch would be destroyed. 5* Expansion to the South, a. The main entry should be oi this side of the house. The drivewfty terminates on this aide and the garage is located on this side. b. The existing porch would be destoyed. Design - Construction - Remcxlel Residential * Commercial A. to the 'Vest. a, r.cuuires e iice vari varic.ice allovj er; addition t; ‘.nis side, creating a tv-rcs.ii;:. If Council will -gree with our hsrdshio and rrant a lA*D" vari ance for a distance of 2i'0'* along the :st property line, the Owners needs would be addressed, peroiitting an addition necesasry to provide this hose vitn a ll\*able floor plen. 1. rhe existing Library becones the -usst iedroooi with its own separate bath. The large trees reaain intact and the septic systec is not 8ffeeted. 2. The existing Dining n'.oi becoaes the Library, retaining the existing windows for natural light and unobstrjcted vievis, The syscetry of the house has been preserved, retaining its character. 3. The existir^ porch Is < lined and updated to a iolarius. 4. The sain entry to the ijuse la now C'-ntrally located and enters into a Foyer» providing traffic distribution to all rooDS and the stairway to the second floor. Direct access fron the existing driveway. 5. The bath off the Foyer becocca the first floor Utility room. 6. A new and oodern citchen is provided and Is out of the every day traffic pattern and is adjacent to the new Dining Rood. Jine notices were sent out and no one objected to the addition. Ihicle vegetation screens the '..est side of the house froB the neighbors. The loxaediatc neighbor to the Vi'est sent a letter stating he htd no ob’ectlor. to the sedition, -he site plsn shov.'S the add ition does not affect tne view of this neignoor, nis sight line is in front of tnis "*ou3c v ne proposed sc.dition, there ns in living areas are on the opposite side of the house. bitn the councils perxl.;Sion, we have maintained the character of the house, satisfied the n^eds of the Owners by correcting the problems of r « existing floor plan, end the driveway ter:oinetes at the new front entrance to the horce. We respectfully rccuest you review these materials and conclude that we do indeed have a herdshlp, necessitating the granting of e variance so v;e can proceed with the eddition. Curtis R. Ostrom fS. Mtet Subjectt Planning Conrolsslon Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusthr Building & Zoning Administrator February 15, 1989 #1378 Curtis R. Ostrom, 4605 Waterto%m Road - Variance - Public Hearing Section 10.27, Subdivision 5 (B) - Side setback variance requir'^d for addition at the west and south side of existing residence. 47*8" 35'7" Side Setback Variance: Required • 50* Existing ■ Proposed ■ Variance • - - List of Inhibits ^ Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit 3 - Applicant's Addendum Exhibit :? - Neighbor's Letter Exhibit \ - Elevations Exhibit G - Floor Plan Exhibit H - Septic Inventory Map Exhibit I • Survey Esfview of AppUeatloa - The acplicant's propose the major upgrading of the existing residence conslsting^of tho proposed family room/kitchen addition, interior modlfic.tion., in.t.ll.tlon of n.w windows minll^ proc.rty is locatsd within th. 5 acre zoning district, r.qulrlng a mlnlaw Sf 50* sld. s.tback. McCull.y Farms was platt.d th. zoning standards In 1979. Th. City at that tlm. could hav. ask.d that th. 50' s.tback from th. shar.d lot lln.s of Lots 1 and AV rsallgnsd. Lot 1 doss m..t th. r.qulr.d 5 acr. ar.a “i. 300 width! R.V1.W Exhibit E, th. n.lghbors’ l«ttsr that have no problem with the proposed addition and improvement of the property. Th. applicants add.ndum l.tt.r (Exhibit D) Includ.s th. following hardships and findings: 1. Staff must correct applicant's statemer.t that notes the property was subdivided prior to 5 acre zoning standards. McCulley Farm was subdivided per the 5 acre standards. The location of extreme west side of the 5 acre parcel does create a hardship for the applicant. Zoning File *1378 February 15^ 1989 Page 2 of 2 2. Applicant clains that the interior layout or floor plan of the residence requires that the family room/kifchen be Installed to the west side of this residence. Review Exhibit G, it is not apparent to staff that the kitchen/faraily rorm addition need to be located to the when the dining room is shown to the extreme east of the house. Applicant or applicant's contractor should clarify. It would appear there is adequate separation between the garage and the principal structure to relocate the addition along the south side of the residence. The location of the well and drainfield areas will not impede expansion to south or east (review Exhibit H). Once again we must askf has the applicant considered all available options for the expansion? The addition to the west may be more controlled by architectural planning and design concerns for total complete structure. Planning Commission may determine that this is a valid consideration. Are there other accessory improvements on the south side of the house that have not been noted? Staff observed a fence and plantings. There were no physical/topographic features that were observed at the site inspection. 3. The applicant claims that there would be no detriment to the public health, safety or welfare if the proposed addition was approved. Options of Action Available to Planning Cannlsslon - 1. Approval based on findings and hardships noted in applicant's addendum. 2. Denial finding that the applicant had not demonstrated sufficient or acceptable hardships to necessitate the approval a setback variance in the 5 acre sone. 3. Table the review of the application pending further review by applicant to review all available options for the expansion of the existing residence. ^Z'n R*c*ipt- - VMUJUKi uniaaxtm Xaltial ^Umtion t— >1S0.00 (9SO.OO pax Moh additional varlaaea) tanoMl Varlaneo raa I7S.00 (no oliaiipo fxoa oxipiaal application) Aftax-tha-faot rooa (Oonbla application fan) #1378 19 ■ita dddxaaa A(oO- tO'i-rrPr.-i-' >f. :, fxopaxty Xdantifioatleo Mbax (P.x.o.) 3'- 1'g-S’-* ohaak ona - txopaxty X abatxaot ox_ _toxxana? Attaoh lapal daaoxlption to application iX not iaclodad on xaqnixod aoxvay. Phon« (hoM) ^ ^^ (^ ■ O ‘ M Phoiitt (ifork) (b ^ AddCToat fkt'Xi-'T: ?Z citvt O^T?'->yrp-i sipi_5£3f; <if diXXaxant titan applicant) fhena (Imm ~ - —_ _ _ _ _ _Phono (woxh) ^ Addxaaai'^^>A - i / I c wP«t« Property Acquired _ X ttiV (do not) nlao own tho ndjnoont pnreols of Innda ProsoBt loning Dintriet Prooont Uno of Proporty .'w ; ^ City I OLor-jQ gtB, g-g-g^ Q:£ ~ : J V (aooth/yaaxL) .5 .vV “l izC\ '>■ r t>ir i ■ oi..-:- C -:r Kosidontinl Othor (apoeify) Sstiantod Construction Cost $ ocxj.^ Ooseribo rsgusst in dstnilt u Lot Aron iotbsek Vsrisndss (, Other _ _ _ _ _ Lot Width Front __ nsrdeowor •ido _ _ _hour) s TI-S"-’ '' -=r I Acos.^u '^8 3: Arc CSC A-i imC BABDSHIP Describe undue hardship or practical difficulty resulting from strict *'z~~ 1 J*"” / C •- / enforcement of zoning regulations: DBSCRIPTIOH OF OMOSUAL PROPERTT C0HDITI0H8 Describe unusual property conditions preventing compliance ^wi^ Zoning Code Requirements:/""-^ ^ ;—>c- c r ■- L- -T RBQUISBD SUBMinALS 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 (^ovt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). 4. Certificate of survey including hardcover calculations as required. 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6. Plat Map (obtained with property owners list). 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 C^'y staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature^Date AFFIiICABT'S SlOATinUI The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her Icnowledge. ^ --- Applicant's Signature Date OrnSRS SIGBATOSB The owner hereby ac)cowledges 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 ! / ! <P? 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 maice arrangements to have an authorized agent attend in your place and to advise the Building 4 Zoning Office of this change prior to the meeting. rm ’ •■■■ ■ m V'iv: ■•.f f. . . - •* • '/'■■*. -F’*'! ih-'i-S;: •Jt..-. - /■; ••.•. .:■ , !,I r>fi: -*j t. iv f Ia ff ■>> MM MTE Ol/a/%9 ■ATCM OOS M Sl-lIS-tS tl OOOt AOM OOOM AOORESS IBUSSIMCD CMC* NM« UCHAm O HlUEt TAMPAVER RfCHARO O HILLER MME/AROR iiRQ SNOREHOOO LANE ENCSLSZOR Ml MSI NEMCPXN COUNTY PROPERTY INFONtUTION SV3TEH PROPfRTY OMCRS LIST S6 Sl-118-23 21 0003 04560 NATERTONN RO KIP A NELSON KIP A NELSON 4560 HATERTOMI ROAD HAPLE PLAIN Ml 55359 REPORT NO. P1435401 PAGE 9 36 31-116-23 22 0004 04440 NATERTONN RO R A NARVEY ETAL R06ERT A HARVEY SR 4440 NATERTOMl RO HAPLE PLAIN Ml 55359 OMMR NANE TANPAYU NANE/AOOR PROP AOOR OMCR NANE TAXPAYER NANE/AOOR PROP AOOR OMCR NANE TAXPAYER NANE/AOOR 10 Sl-llO-n 22 0007 04407 NATERTOMl RO NAN PICKARD NICNAEL R PXGKARO 4407 NATERTOMl RO NATERTOMl Ml 55159 10 11-110-21 24 0004 04545 NATERTOMl RO EARL L PREENAN EARL L PREENAN 4545 HATERTOMI RO NAPLE PLAIN Ml 55359 36 11-110-23 21 0003 00425 0E60RAH OR NAN OANCAUSE NARC 6 OANCAUSE 425 0E60RAN OR HAPLE PLAIN Ml 55359 36 31-116-23 24 0004 04405 NATERTOMl RO KANIL UGUR6IL KAHIL UGUR6IL 4405 SO NATERTOMl RO HAPLE PLAIN Ml 55359 TOTAL OATCH 003 00009 36 31-116-23 23 0004 00475 DE60RAN DR J 0 NAIGHT A K H SNEETHAN JANES 6 NAIGHT 475 0E60RAH DRIVE NAPLE PLAIN Ml 55359 36 31-116-23 24 0007 00415 OEDORAH OR TAR OETZ THONAS R OETZ 415 DEOORAH DR HAPLE PLAIN Ml 55359 % 00 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRIC REPRESENTATION OF INFORNATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEMCPIN COUNTY DEPARYNEN5 OP PROPERTY TAXATIONt TO THC^ST OF NY KN0NLED6E AND OELIEry / D ffi. 18845 Azure Road Deephaven, MN 55391 Curtis R. Ostrom Kathe Ann Ostrom (612) 476^72 January 25i 1959 City of Orono Planning Commission Oronoi Mn. -V? -BeBl--Coni»l«slon Members, ■ T'~7" " ■ After reviewing our building permit application» the Building and “• > - ' , Department notified us that a variance application is required.- ; ^ This property is located in the RR-IA Rural Residential zoning district w^;-; -Which requires a ^0* side setback. Our proposed addition is ^5*7' from the side lot line. i..va- T modify the strict enforcement^ of the letter of the law because a unique situation exists, causing an ■“"'‘^“■"'uhdue hardship" _ _ _ _ _ '' ..... - - • j . The hardship is unique to the land in question due to the location of existing buildings. These buildings were, in fact, existing when the aurroundinjT property was subdivided. At that time, the 5®* side yard requirement was not in effect and the existing buildings is now 47,8' Vfrom the aide yard. Mr. Ugurbil purchased the property in 1982. Now he would like to ^upgrade his home to be consistent with valuation of homes built on the surrounding properties. He'wants to add a kitchen/family room addition - that can only be added to the side of the existing home that is in question to the floor plan of the existing structure. It is not possible to. . . . build a kitchen/family room addition anywhere else. Granting a variance for this purpose would not affect the public health, safety, or general •welfare of surrounding property owners. • 3 i=Cr;.Mr. Ugurbil ,conUct.d th..ne«re.t neighbor,:the'prop.rty «h.r.,t%^;^,.>^.^^^ i' requeatSd, Marilyn and Michael Picl»rd.you .can aea from ^ " S^tS^^S^r:letter;:whlch:ia ;enclo8ed:in;;^ submitted :by.4erthey.have ■ ,0bjecUon ^ *aau^ * w vrtii iHcse naterlals and conclude that• • -—»-• -r r v. ^ °»trgn - -r^- .'’iB'^crirrtv-pvW^-'V^’ -7?^r--.; • .*1^, - ■ tSCKbO-! ^6^csl;aat .trw.^srrx-A, t : ».9- rt'f — •• , -.-rt. V*'" »—■ • .» ■ rr* • '■* 1- . -r *iW«fcaK»-»v-v* • ^ * ; Design - Construction - Remodel " ' ‘7 .. Residential - Commercial - . '--i. - #1378 January 24, 1989 To whom this may concern: My neighbor, Kamil Ugurbil, has informed us of his planned renovation at 4605 Watertown Road, Maple Plain, MN 55359. We have examined and discussed the plans, and we understand that a new addition to the house will come within 35ft of our property line at 4607 Watertown Road. We do not have any objections to their planned expansion. Sincerely, lyn and Michaal Pickard . 1 INSPECTION RECORD PUMPOUT RECORD ^ 0 LOCATION ^ SKETCH DATE COMPLIANCE DATE GALLONS » I • t Csr^“7S /Wi/’.SzSzKl <?oQ /^.i£zSjS- AJq A>o7^ ^ C - CONFORMING S - SUBSTANDARD N - NONCONFORMING 'I 7=TI i IIA- «I ;v- •;‘V 1f '— I ! IncHfdi: II WNIMocttieA 21 Oitttnc* from liouM to Mptic tinki. diM. boM, and drainfiald 31 North arrow and ro«l 1 •: - i'SS ■■• ^ m ; ; . ‘U; •M:»•* ■ M: ' ■ ■ i- -sa ^: f • .' ■ .1 r f^rofos^o xt^oH p • ‘ rJi . "I I t CDU'^CiL MEETING i* CITY Of CRONO // Proat Dates Mayor Grabek Orono Council Members City Administrator Bernhardson Michael P. Gaffron, Asst Planning & Zoning Administrator March 1, 1989 Subjects #1379 Wayzata Country Club, 200 Wayzata Boulevard - Conditional Use Permit - Resolution Bouiag District - RR-IB, single family, 2 acre, unsewered Application - Request for a conditional use permit to construct a pond along Fairway #12. List of Exhibits Exhibit A - Notice of Planning Commission Action of 2/24/89 Exhibit B - Planning Commission Minutes of 2/21/89 Exhibit C - Proposed Resolution Exhibit D - Memo & Exhibits of 2/16/89 Discussion Please review the memo and exhibits of February 16, 1989* This is a jf^quest to construct a 100* diameter pond of water depth 3 to 4* along Fairway #12. This is not a designated wetland area. City Engineer Glenn Cook has reviewed the proposal and finds that the proposed pond will increase the water storage on the golf course property and would be a benefit to the watershed. The pond is of such a size (approximately 0.23 acre) that a conservation and flowage easement over the pond would be consistent with past City practice. The spoil site is intended to be the spoils site previously used by the Country Club, south of Wayzata Boulevard in the City of Wayzata. discussions with the Wayzata staff indicated that they have no problem with use of his site. Planning ComBiasion Rer \ i—endation Planning Commission at their February 21, 1989 meeting recommended by a vote of 6 to 0 to approve subject to the four conditions noted in the Notice of Planning Commission Action (Exhibit A). Staff RacoBBandatioB Staff recommends approval per the Planning Commission recommendation and per the attached resolution. ZONING FILE NO.1379 CITY OP OKOHO P.O. Box 66 Crystal Bay» NN 55323 NOTICE OP PLANNING COMMISSION ACTION 473-7357 Date of Notice: 2/24/89 COPIES TO:TOx Way sat a Country Club Attnx Jin Lindblad 200 Wayzata Boulevard West Wayzata, MM 55391 TZPB OP APPLICATIONx Conditional Use Permit DATE OP MBBTINGx 2/21/89 VOTBi 6 For 0 Against Planning rnmmi ssion rei uMends the folloirlngx Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONSi 1. Spoils shall be placed at the applicant's normal fill site In the City of Wayzata. If that site Is not used and some site In Orono Is proposed, the proposed fill site will need further review by the City. 2. The property owner and his grading contractor shall take whatever steps are necessary to Insure that grading and excavation of this site does not adversely affect any other dralnageways In the area due to erosion, etc. The disturbed areas shall be re-vegetated as soon as possible. 3. The property owner shall provide a legal description and grant a Conservation 6 Flowage Easement ovei the 1/4 acre pond to be created and the adjacent 1/2 acre pond. 4. The applicant Is advised to contact the Minnehaha Creek Watershed District to obtain any permit they may require for construction of this pond. Applicant's next r.eduled meeting Is confirmed as: City Council March 13, 1989; meeting starts at 7:00 p.ra. 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. mHUnS OF THB PIANHIHG COHNISSZOH MEETING FEBRUARY 21, 1989 ZOEIK PILE «1378H>8TROM COHTIBUED With respect to Kelley's concerns about the closeness of the neighboring residence, Mr. Ugurbil explained that there was dense vegetation that would *- Ugurbil further added that location would either intr- the natural "Minnesota fax main reason he purchased the t. sen the addition from view. Mr. '^cing the addition in another \th an existing porch or with er” architecture which was a The Planning Commission, as a whole, concurred with Kelley's views that the addition would encroach too closely to the adjacent property to the west. Planning Commissioner Brown reiterated his belief that there were other alternatives. There were no comments from the public regarding this matter and the public hearing was closed (Planning Commissioner Bellows departed at this time). *% Zt was moved by Chairman Kelley, seconded by Planning Ccmmissioner Cohen, to deny the variance for the sideyard setback for #1378, Curtis Ostrom. Motion, Ayes«5, Nays«0, Motion passed. #1379 NATSATA COUETRT CLUB 200 NAYZATA BLVD. COBDZTZOHAL USB PERMIT PUBLIC HEARZVG 8x37 P.N. - 8x38 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicant was present for this matter. Zt was moved by Planning Commissioner Cohen, seconded by Planning Commissioner Hanson, to recommend approval of this application. Motion, Ayes«5, Nays»0, Motion passed. #1381 JACK RHODE 1690 SHADYNOOD ROAD YAiyTBIffTTff PUBLIC HBARZHG 8x39 P.N. * 8x45 P.N. The Affidavit of Publication and Certificate of Nailing were duly noted. The applicant was present for this matter. Zoning Administrator Mabusth stated that this application involved a setback for new construction within the 0*75' setback area, as well as a hardcover variance for new construction. Even though there is a reduction in hardcover in the 0->75* zone, variance approval for new construction is required. The proposed structure will be 61* from the lakeshore. The second story, 2-foot wide, deck, will be 59* from the lakeshore. The overall reduction of hardcover in the 0-75* area will be 3%. Chairman Kelley questioned whether the entire existing structure would be removed. Mabusth replied that yes it would A RBSOLOnOV GRARIHG A COHDITIONAL USB PERMIT PBR MDRICIPAL S0MI1I6 CODE SBCnOE 10.03, SDBDIVI8I0II 19 PILE *1379 WHEREAS, Hayzata Country Club (hereinafter "the applicant”) is the owner of property located at 200 Wayzata Boulevard located within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A (hereinafter the "property"); and WHEREAS, the applicant has applied to the City of Orono for a Conditional Use Permit to permit the excavation of a pond requiring the removal of approximately 2,500 cubic yards of fill, requiring a Conditional Use Permit per Municipal Zoning Code Section 10.03, Subdivisions 19. Minnesota: WOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, PIWDIW6S 1. This application was reviewed as Zoning Pile #1379. 2. The property is located in the RR-IB, Single Family Rural Residential Zoning District. The Country Club operates this golf course under an existing Conditional Use Permit. 3. On February 21, 1989 the Orono Planning Commission reviewed the application and recommended approval as proposed, finding that the proposed pond is not located in a wetland area, and will Increase the water storage on the Golf Course property, thereby providing a general benefit to the watershed. 4. The City Council finds chat granting a conditional use permit to allow the excavation of the proposed pond 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 1 of 4 COKLOSZOHS. ORDER ADD COEDITIOMS V «fon one or more of the above findings, the Orono City SeStlin 10 01^ P*>^ Municipal Zoning CodeSubdivision 19 to permit the construction of a pond along “‘f* *’»irway fl2 of the Hayzata Country Club Golf Course! subject to the following conditions< ^ course, 1. Spoils shall be placed at the applicants regular fill site in the Wayzata. Applicant is advised to obtain whatever permits may be necMsary from the City of Wayzata for the regular fill site, if 1 -4*- l"! “T?**- *"*?. proposed, the proposedfill site will need further review by the City. 2. The property owner and his grading contractors shall take whatever to ensure that grading and excavation of this site adversely affect any other dralnageways in the area due to Hon^as posslblir"^*^^^”* disturbed areas shall be re vegetated as provide a legal description and grant a easement over the 1/4 acre pond to be created and the adjacent 1/2 acre pond. advised to contact the Minnehaha Creek Watershed obtain any permit they may require for construction ofcnxs ponds yiolAtion of or non-compliance with any of the terms and conditions uhall constitute a violation of the Zoning Code, hi tennlnate any authority granted herein, and shallbe punishable as a misdemeanor. 6e The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and asslps, hereby agrees to the recording of this resoluiiu<a in the chain of title of the property. Page 2 of 4 1989. ATTESTt Adopted by the Orono City Cguncil on this 13th day of March, Dorothy M. Hallin, City Clerk Janes R. Grabek, Mayor Property Owner(a) STATE OP MINNESOTA ) , ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this ^ , , f 19_ _, 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 3 of 4 K'"lla. Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson ProMS Michael P. Gaffron, Asst Planning & Zoning Administrator Datmt February 16, 1989 Subjects #1379 Wayzata Country Club, 200 Wayzata Boulevard - Conditional Use Permit - Public Rearing Sonlng District - RR-IB, single family, 2 acre, unsewered application - Request for a conditional use permit to construct a pond along Fairway #12. Application Plat Map Property Owners List Overall Site Plan for This Portion of Golf Couri^^'^ Topographic Survey & Proposed Pond Contours Letter From Staff Dated 1/24/89 Letter From City Engineer Glenn Cook Dated 2/14/89 Memo of 4/10/86 List of Bsdiibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Pertinent Pacts - !• The proposed pond will be just north of an existing pond on Fairway #12, about 350* west of Old Long Lake Road. 2. The pond is fairly high in the watershed, and is to be dug on what is considered as dry ground. This is not a designated wetland area. 3. Based on the proposed grading plan submitted, the pond will have the following dimensions: Average Diameter - 100* Bottom Depth Below Grade • 6* Estimated Normal Water Depth ■ 3-4* Bank Slopes ■ 2:1 below water level, 3:1 above water level Estimated Fill to be Removed « 2,500 cubic yards Proposed Spoil Site - Country Club's fill storage site in Wayzata< on south side of Old Wayzata Boulevard Discussion * Note that this pond was discussed briefly in 1986 as part of the long term plans for upgrading of the golf course, but ultimately was never addressed in any of the resolutions approving projects for Wayzata Country Club. Zoning Pile #1379 February 16, 1989 Page 2 of 2 City Engineer Glenn Cook has reviewed the proposed pond construction and notes that the pond will increase the water storage on the golf course property. This would appear to be a benefit to the watershed. The water area of this pond will be approximately 10,000 s.f. or about Q.23 acres in area. The adjacent pond to the south is approximately 0.5 acre in area. The existing pond was also man-made some years ago, and has not been called out as a designated wetland on City maps, since the base airphotos used for the designated wetland maps pre-date that pond's construction. With a total of approximately 3/4 acre in area. Planning Commisslor should consider requiring the granting of a Conservation 6 Flowage F^asement over these two ponds, which would be consistent with past City practice fox ponds of this size. (The City has generally required a Conservation t Flowage Easement for ponds of 1/4 acre and larger.) Since most ponds of this nature are a benefit to the watershed, it would seem appropriate tc protect them from detrimental changes. The property owner in this case would be expected to provide a legal description for the Flowage £ Conservation Easement. Staff Eecoasmidation - Staff recommends approval of the proposed pond construction, findinc that the proposal meets the general standards for the issuance of i conditional use permit per Municipal Zoning Code Section 10.03, Subdivisior 19 and 20. Staff would further recommend that the following conditions be considered : 1. Spoils shall be placed at the applicant's normal fill site in the City of Wayzata. If that site is not used and some site in Orono proposed, the proposed fill site will need further review by the City 2. The property owner and his grading contractor shall take whatever steps are necessary to insure that grading and excavation of this sit does not adversely affect any other drainageways in the area due t( erosion, etc. The disturbed areas shall be re-vegetated as soon a possible. 3. The property owner shall provide a legal description and grant ^ Conservation & Flowage Easement over the 1/4 acre pond to be create* and the adjacent 1/2 acre pond. 4. The applicant is advised to contact the uinnehaha Creek Watershe> District to obtain any permit they may require for construction o this pond. M-.t: K-4 lAL UHD USB APPLICXT7 OF OROHO - PROPERTT LOCATZOH Sit® Address ___5^CC # iLo / ty Property Identification Number (P.I.0.) Please check one - Property abstract or torrens? (for Conditional Use Applications only)..-•.-Vi,' * *.**-'\Please attach legal description to application if not included on retired survey. . - w^ APFLICABT Phone (home) latl • 3 • V 2 Q ‘. v Name Ci. C 6 Phone (work) Address ^CC Gm/P city •••• -V lU i4r4 ziD S's J 9 /- : r ONIIBR (if different than applicant)Phone (home) Name Phone Address city 2iP Date Prooertv Acouired (month/year) I (do) (do not) also own the adjacent parcels of land. WEES * COBDITIOHAL USB PB8MITS - Renewal Fee - 1/2 Current Fee After-the-Fact Fee * Double Current Application Fee $100.00 a)Residential accessory Use $150.00 b)Institutional (church, sd $150.00 c)Duplex Credit/Bldg $250,00 d)Commercial/Industrial Use X/$200.00 ■f)Land Alteration _ _ _ Grading and filling - designated wetland or '.floodplain C y Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75* of lakeshore PRO/PIO - see fee schedule OTHBR APPLXCAXZOBS $150.00 Commercial Site Plan Review (-f consultant fees) $250.00 Vacation $150.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision ____ $250.00 Rezoning _ _ _ _ $100.00 Appeals _____ Othur - see fee schedule FRBSBR OSB OF FROPBRT7uofi ur' rnuirfiKxz ^ ^ QPresent Zoning District / Q Present Use of Property Residential __________ Other (specify) OBSCRIFTZOB OF BBQDBST ^ ^ j y -m , Describe revest in detail: ON Hoc.a KBQOIBBD SOBNXTZRLS 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) Stamped^ legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address. Certificate of survey. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). Construction plan^ if applicable (see staff for requirements). Plat Map. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 2. 3. 4. 5. 6. 7. 8. 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 Zoning Department that Land Use Application is complete. Zoning Officials Signature _______________________________ Date_____________ APPUCABT*S SIGBATORB The applicant hereby agrees to provide all information required or requested by the Zoning Admini ;rator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her toowLdg.. Applicant's signature I lj(^j _ _ _ ONHBRS SIGBATDBB ^ The owner hereby ac)cnowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. 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 attend a scheduled meeting, please make arrangements to have an o? thV»“ cUg^pri^ t*'o"th/«SSti5g.‘* Building s Zoning 36-118-*23 34 0008 H. Norman Nafstad 460 Old Long Lake Rd. Wayzata, MN 55391 36-118-23 34 0010 Donald 6 June Swanson 4408 HEst 58th Street Minneapolis, MN 55424 36-118-23 34 0015 Jerry A1stead 440 Old Long Lake Road WSyzata, MN 55391 36-118-23 33 0011 David & Jill Robers 30 Myrtlewood Road Hayzata , MN 55391 36-118-23 33 0010 Verena L. Pearson 20 Myrtlewood Wsyzata MN 55391 36-118-23 33 0009 James 6 .Mary Matteson 10 Myrtlewood Road Wayzata, MN / 55391 36-118-23 31 0008/7 Dale K. Warner 375 Wakefield Road Wayzata, MN 55391 36-118-^3 31 0010 John T. Thornton 220 Wakefield. Road Wayzata, MN 55391 36-118-23 31 0011 William Ferril 240 Wakefield Road Wayzata, MN 55391 36-118-23 31 0012 Paul Baszuki Z50 Wakefield Road ;^ayzata, MN 55391 Property Owners List Zoning File #1379 36-118-23 31 0013 Donald Wildroan 280 Wakefield Road Wayzata, MN 55391 36-118-23 31 0014 R. Bruce Earls 320 Wakefield Rd. Wayzata, MN 55391 36-118-23 31 0015 C. Wayne 6 Angie Leneave 360 Wakefield Rd. Wayzata, MN 55391 36-118-23 41 0021 Richard G. WElls 131 Chevy Chase Drive Wayzata,MN 55391 36-118-23 41 0020 Robert & Annette Langford 129 Chevy Chase Road Wayzata, MN 55391 36-118-23 41 0019 Jeffrey Jacobsen 127 Chevy Chase Drive Wayzata, MN 55391 36-118-23 41 0018 imogene M. Rogers 125 Chevy Chase Drive Wayzata, MN 55391 36-118-23 41 0014 Clifford S. Asmhun Jr. 117 Chevy Chase Drive Wayzata,MN 55391 36-118-23 41 0013 " Donald & Marion McConnor 115 Chevy Chase Dr. Wayzata, MN 55391 36-118-23 41*0012 Waldo Nelson 113 Chevy Chase Drive Wayzata,MN 55391 ’ 36-118-23 41 0011 I Thomas L. Curry 111 Chevy Chase Drive W4yzata,MN 55391 36-118-23 44 0009 Gerald Androli 100 Ferndale Green Wayzata, MN 55391 36-118-23 44 0010 Charles Hulse 95 Ferndale Green Wayzata,MN 55391 36-118-23 44 0011 John & Roxanne Powers 85 Ferndale Road Wayzata, MN 55391 36-118-23 44 00144X 00X7 •*^®*^^**” — -_ Bradford t Janie Blankenship 123 Chevy Chase Drive So. 55 Ferndale Green Wayzata,MN 55391 36-118-23 41 0016 Herbert Abramson : 121 Chevy Chase Drive , Wayzata, MN 55391 36-118-23 4i 0015 Jeffrey Wujek ' 119 Chevy Chase Drive ■ Wayzata, MN 55391 Wayzata, MN 55391 36-118-23 14 0011 Leopold Hauser III 475 North Ferndale Road Wayzata,MN 55391 36-118-23 14 0008 Ed 6 Marlys Cohen 519 North Ferndale Rd Wavzata,MN 55391 6-118-23 13 0006 'inothy M. O'Connor OS North Ferndale fayzata^MN 55391 6-118-23 13 0007 laua ?• Becker 07 North Ferndale Road rayzata, MN 55391 6-118-23 13 0008 vonne C. Cooke. 09 No. Ferndale Road ayzatarMN 55391 Property Owners List Cont. Zoning File 36-118-23 13 0009 Edward L.*Delanhanty 511 No. Ferndale Road Wayzata, MN 55391 I 36-118-23 24 0004 I Bruce B. Dayton 1 990 Old Long Lake Road ' Hayzata, MN 55391 ; 36-118-23 24 0007 . Robert Benson Jr. 430 Wakefield Road ! Wayzata, MN 55391 36-118-23 14 0007 H. Glendon Johnson 517 No. Ferndale Road Wayzata, MN 55391 36-118-23 14 0006 Andrew 6 Mary Smith 515 No. Ferndale Road Wayzata,MN 55391 36-118-23 13 0001 Anne B. McCourt 508 Norj^ HcCadden Place Los Angeles, CA 90004 Property Owners List for Wayzata Country Club #1379 36-118-23 32 0003 Bruce & Terry Clark 625 Old Long Lake Road Wayzata, MN 55391 36-118-23 32 0004 Philip McClellan 645 Old Long Lake Road Wayzata, MN 55391 36-118-23 33 0006 Steven Champ1in 50 Myrtlewood Road Wayzata, MN 55391 36-118-23 33 0009 James & Mary Matteson \10 Myrtlewood Road Wayzata, MN 55391 36-118-23 33 0010 Verna Pearson 20 Myrtlewood Road Wayzata, MN 55391 36-118-23 33 0011 Molitor 6 Assoc. 4530 W 77th St Suite 219 Minneapolis, MN 55435 36-118-23 34 0009 H. Norman Nafstad 460 Old Long Lake Road Wayzata, MN 55391 36-118-23 34 0010 Lawrence Wiken 520 Zircon Lane Plymouth, MN 55447 36-118-23 34 0011/12/13/14 H. Norman Nafstad 460 Old Long Lake Road Wayzata, MN 55391 36-118-23 34 0015 Bobby & Martha Drew 440 Old Long Lake Road ^ Wayzata, MN 55391 ^/37^ ^ r* • 2.©o t/ift-iz.. SA-vb, o UWA'TC o ^ q O O ('■? V mu • Mor TMMJ VN€/n rl Wttu ‘ MOT M \“\</^0 ^ \ .Il.j»oroo S" C)p / C? c^ cr^ (^ ■*^ / as >c “iao§^ Oo Oo^o oooo o 9^h,_ U’ a* Fcrr iCO C,i3^° o cirv GRONO CITY«f ORONO pMt OfRoa Box 66«CryatoJ Bay. Minnesota 55323•Mnnidpal OfBcaa On the North Shore of Lahe Minnetonka January 24, 1989 Jama Llndblad, Grounds Superintendent ffayzata Country Club 200 Wayzata Boulevard Wayzata, MM 55391 Re: Proposed Pond on Hole #12 Dear Jim: I have reviewed Zoning Files #935 and #1012 for the purpose of determining whether the pond on Hole #12 was ever approved for construction. You referred to Item 4 (B) of the memo of April 10, 1.86. This memo deals with Application #935 and recommends to the City Council that the pond on Hole #6 and the pond on Hole #12 should be the subject of conditional use permit application #1012 which at that time was on hold pending design work by your engineer. These 2 projects were specifically omitted from Resolution #1977 which resulted from application #935. Application #1012 had been filed on February 20, 1986, and was followed up by my memo of March 11, 1986 to the Planning Commission suggesting that the item be tabled until additional information was submitted for the ponds on Role #12 and #6. Nothing else occurred in that application until January 1987 and at that time had been revised to include just the pond at Hole #6 plus maintenance dredging of ditches between Holes #10, 11 and 12 and between Roles #15 and 18. There was m discussion occurring regarding the pond on Hole #12, and we never received engineering work from you for the pond on Hole #12. Finally, Resolution #2118 that resulted from application #1012, makes no mention of the pond on Hole #12. 2 would also note for the record that our file contains a survey of the proposed pond area on Hole #12 but does not go into detail as far as a design for that pond. I can only conclude that none of the prior approvals included the proposed pond on Role #12, hence a new application should be submitted along with additional engineering work for the proposed pond. If you like# I will be happy to meet with you to go over the application requirements, and my initial reaction is that this will be a relatively routine review, but the scheduling may be problematic if you wish to proceed this winter. / BUILDING a ZONING - 473-73S7 ASSESSING ADMINISTRATION 4 FINANCE - 473-73S8 rUBLIC WORKS > 473-7359 James Lindblad, Wayzata Country Club January 24, 1989 Page 2 of 2 The deadline for applications is this Friday (January 27) for the February Planning Commission meeting# so time is of the essence. Please call me at 473-7357 if you want to meet. Sincerely# ^/eC- Michael P. Gaseron# Asst Planning ft Zoning Administrator MPG/tlncc: Jeanne A. Nabusth# Building ft Zoning Administrator Mark 2. Bernhardson# City Administrator i Bonestroo ^9 Rosene Anderlik & |\|| Associates Engineers & Architects Ooo G. BooMPoa P C •oMR W. IlDMnft PC. jOMpn C. Anoert*. PC. •radtom A. Utubtig, PC. IliduM e. Ikimar. PC. jmntt C Otson. PE Giffin P. CooE PC. niomu C. Noytt. PE ■oMfi a SctMnKfK. PE Manwi L SofvM. PE KMh A Gomofi. PE Mtfiard W. Poor. PE OonMd C. BurgardL PE Jerry A. Bourdoa PE Mart A. Kanioa PE MCPWtLPE MKhad r. Raponartn. PC. RoMfT E Pftffcrie, PE David O loiina.PE T7;jmai VK Marion. PE Mktiaei C Lynm. PE jamai E Maiand. PE Nmain P Andtnon. PE KMti A. ■aenmann. PE Mart E Botfk. PE Bobart C. Runak. AI.A. Thomai E Angut PE HoMord A. Santoro. PE Oamal Ji Edganon, PE Mark A. ima PE. PNHp i Cafwrall. PE Mart Q VMWt. PE Ouilet A. Ertdoon Lae M. PSiwaiiky Harlan M. Oiion Stow M. Oarkrt CPA. February 14, 1989 City of Orono Box 68 Crystal Bay. MN 55323 Attn; Mr. Mike Gaffron Ret 139-1379 Wayzata Country Club Dear Hike: Ve have reviewed the proposed pond construction at the Wayzata Country Club, The pond will increase the water storage on the golf course property. Ve do not see any problems with the proposed construction and recommend the plan be approved. If you have any questions, please contact this office. Yours very truly, BONESTROO. ROSENE. ANDERLIK & ASSOCIATES. INC. Glenn R. Cook GRCtbbr Enclosure 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 Council Michooi I*, cnffron WTli April 10, 1986 MVolutli?'** 200 H. Blvd - COP . Country^ «uV”»c2pt'^%V«r“/^ eurr«ntly proposad by si&‘” ^•t Of ftihlbita A - Application B - Plat Map— • ^ n«|P 0 r own«r« li«t - alnutas l-27-S< Staff mono 1-23-86 2oc.tlon l*iproJlUnt“p?Sjactt‘'prw«^ bv Ihl'S' ***'' *’*• '"vlawad the ■•*t fa« y,,„/oiVn ***! *'?>'*•♦« Country Club for thi and ataff would naka tha VAV V. ‘AVA A-s:.;;; fairway -*3*-5» »ounda at laft aida of.««. «..„4 -":s™.r..;r.s‘siA':;i.Av -if juat aaat* oV tea^ill*^ eonatructad •ffect on dr.?„%;'"or Tit^rahVcf‘"y* •craanad from road. ProV«V.pi ^ " P*^®PO»«d to ba minumum SO* aatback r*ouf?£?*^ location axceada tha .ccaaaory atru^?:?*" a7**a“ Co^^nff/ci^ub? ^ •> - >. C' . ' ■ ■ • '-4* . . *'•/ ^in 9V V zoning Pilo *935 Wnyinta Countri' Club Pago 2 of 2 2) Projoet conplotod 1985 for which staff roeonnonds aftor- tho-fact approval with no further design informationt pond on Sth fairway - not a deaig. wetland - 25* x 75* x 5* deep - slopes ok - 350 cubic yards excavated. 3) Projects completed or underway in 1986 which were approved by Council 1*27-88 and for which a grading peradt has already been issued: a) Rebuild bunkers on hole #8: approximately 1000 cubic yards of fill, all on high ground. b) Extend tee *17: approximately 370 cubic yards of fill, all on high ground. 4) Projects to be reviewed under application 11012t a) Pond on hole 16 - this a designatad wetland. Proposal is to remove 30 years accumulation of silt and debris, leaves, muck, etc. - no plans to widan or to change bank slopes - spoil site is of some concern and will need some protection - staff is requiring a series of surveyed cross - sections (2 or 3) to shew exactly what is proposed - Lindblad notes McCombs Knutson will likely do the survey/design work. b) Pond to be created on hole #12 - this is not a designated wetland - pond is proposed to be approximately 100* diameter, 3-5* deep, located adjacent to (but not contiguous with) the pond created in 1981. Prior to that, this entire area was fairway and bunkers (sand trap). Mill remove approximately 1200 cubic yards of fill - spoil site not determined - soil probably a Glencoe silty clay loam. This is a border to a collection area, probably will have little impact on quality of water leaving watershed, perhaps will even increase storage... Based on the above recommendations, staff recommends approval of a conditional use permit for items 1 (a-d), 2 and 3 (a-b) per the attached resolution, which requires that the proper building permit (for the shelter) and the proper grading permit (for each subsequent year's projects) be obtained prior to commencement of construction. We anticipate that application 11012 for work in the 2 ponds will be presented to the Planning Commission for initial review in Kay or June. f- % «', ■'• .i'-'^-^h k, i^^?9l,.^»at9?rt. ^ ' r'-' - r'js . * »! km*# ;• ^ n: 3^ rV- wm^1^ P?i fi&TJP s.r - :■: 1\ t 5:'«l' ’vVj p. / • f - p® 4*^ V ii I ?“-.ss-...iJ X..,-V»V^,t r’m^pf«Y«#.3r )ii sMv pK^iJT" V^<a*v' * fc>£?V '4- ifK<' » iPM ■ ■-V'^\ ?s 4 ■■* ’' Ait«.«l S -tp- • -iSr^ m SSs ^ itc 1^>**^*» _ji*. ^ - c if ':T-’ fJ-c ?-. J v^t .--^-■•■ -. ■■ .iT'-H- '- - , * 'i^i. !?•'-.*■• —■•- ■ y.•■ '‘i -rffi e»5^;;Si![2' i • ~' • TL*teU*tii fli *>il uv. tk‘ E5i%Tygsiiiis= 4di3 40^^■4620? 4k^* • - 46!20 Ih^4C . '•'■'V ^ . ■ > Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Cin Ot* Jeanne A. Mabusth, Building & Zoning Administrator Datms February 15, 1989 Snbjectt #1381 Jack F. Rhode, 1690 Shadywood Road *- Variances - Public Hearing .tir acres Pertinent Faets/Ordinances - Total Area: Required ■ 21,780 s.f. Existing ■ 17,700 s.f. or Lot Width: Required ■ 100* At Lakeshore - 82.9* or 82% At Building Line ■ 80* or 80% Section 10.22, Subdivision 1 - Lakeshore Setback Variance. Required for new construction outside of defined existing building envelope (beyond existing foundation).r Required ■ 75* Existing Principal Structure ■ 55* Existing Accessory -10* ^ Proposed Principal - 61* Proposed Accessory - 59* (Second level deck extends 2* beyond lake front of principal residence, steps at lower level extend 14**) Variance: Principal Structure » 14* or 18.6% Accessory Structure "16* or 21% Section 10.22, Subdivision 2 - Hardcover variance required within 0- 75* for new construction. Although a reduction of 1.9% or 114 s.f. is proposed, the City must address the need for the variance for the new construction, consistent with previous reviews. Zoning Fll« *1381 Fobruary 15, 1989 Page 2 of 4 Araa within 0-75' - 6,100 s.f. Allowed - 0 s.f. Existing « 926 s.f. or 15.8% Proposed ■ 812 s.f. or 13.3%* * Reduction In hardcover • 114 s.f. or 1.9% Removal of 326 s.f. (review Exhibits E, F, I « L) New Construction Within 0-75' • 177 s.f. of new principal structure 35 s.f. of upper balcony (note hardcover of grade level stairs not Includec because of second story balcony hardcover) Review of hardcover within 75-250', note there Is no need for variance approval. Area - 11,600 s.f. Allowed - 2,900 s.f. or 25% Existing - 2,290 s.f. or 19.7% Proposed « 2,883 s.f. or 24.85% Increase of hardcover - 593 s.f. or 5.1% List of Exhibits Exhibit A - Application Exhibit B - Plat Map - Property Owners List - Applicant's Addendum - Existing Hardcover Inventory - Proposed Hardcover Inventory - Elevations Exhibit C Exhibit D Exhibit E Exhibit F Exhibit 6 Exhibit H - Floor Plans Exhibit I - Staff's Sketch Designating New Construction Within 0-75' Exhibit Exhibit Exhibit Exhibit Setback Area - Palm Variance Application - Staff Sketch - Palm Survey - Site Plan Proposed Hardcover & Removals - Average Lakeshcre Setback Line Exhibit N - Existing Survey ?;oning File #1381 February 15, 1989 Page 3 of 4 Bateiew of Application - The applicant proposes complcite reconstruction of residence structure on the site using only the existing foundation located approximately 61* from the lakeshore setback area. In order to meet the hardcover allowance of 25% within the 75-250' setback area, the applicant proposes the removal of the existing detached garage and a re-location of a trimmed back access drive with backout strip. Approximately 212 s.f. of new structure Is proposed within the 0-75' setback area. Applicant proposes the removal of 326 s.f. in order to offset the excess of hardcover at 15.18% existing. The applicant proposes a total reduction of 114 s.f. of hardcover within the 0-75' setback area. The reconstructed residence will now be totally located behind the 61* setback area with a 2' upper story deck extending another 2' Into the lakeshore protected area at 59'. The previous principal structure was set at 55' with an accessory staircase located 10' from the lakeshore. Zamies for Consideration - 1. Is the proposal consistent with similar Improvement variance applications (review Exhibit J & K)7 In consideration of the Palm application at similar lot area and width standards, the Rhode application has less hardcover than approved In the Palm application. Palms: 0-75' - 17.5% Rhode: 0-75' - 13.3% 75-250' - 29% 75-250' - 24.8% 2, 3. Are there specific features or functions of the Improvement plan that could be Improved upon or amended? Have the improvements in structural setbacks from the lake and hardcover reductions offset the 212 s.f. of new structural hardcover within the 0-75' setback area? Based on the conclusions drawn from the discussions above and the factual findings presented by applicant and staff In the review, the following options of action are available to the Planning Commission: Zoning File *1381 February 15, 1989 Page 4 of 4 A. Denial. If denied, please refer to Section 10.08, Subdivision 3 (A) for the neces.''ry findings for denial. B. Table. The Plai. ing Comnission may determine that the applicant has not explored all options for the expansion/improvement of the property. C. Approval. Based on the factual findings noted by applicant and staff and conclusions from discussions of issues based on the following conditions! 1) All hardcover scheduled for removal must be completed prior to the final inspection by the Building Staff for the new construction. 2) Applicant to provide a Highway Department Permit for the relocated curb cut to the site. 3) Applicant or applicant's architect should, provide the Building Staff with the engineering data or findings that confirm the existing foundation can sustain a 2-story structure (2-story structure is already supported by existing foundation). Zoning File «1381 Additional Cnunta and Planning CoHniasion Racn—ndation * March 3, 1989 The Planning Cominiasion unanimously approved Mr. Rhode's variance application that would allow the total reconstruction of a residence using the existing foundation. The new residence structure would be located 61* (second level deck extends 2* beyond lake front of principal residence at 59') resulting in an improved lakeshore setback from the existing at 55'. The Planning Cosimission's approval was based on the following hardships and findings: 1. Use of existing foundation will result in less of an impact on the lakeshore property. 2. The house was constructed prior to lakeshore setback regulations and standards. 3. The improvement will result in reductions in hardcover in the 0-> 75' setback zone and improved lakeshore setbacks. 4. The proposed improvement of the property will not require an additional variances but will result in the reductions of the intensity of existing variances on the property. Approval was subject to the following conditions: 1. All hardcover scheduled for removal must be completed prior to the final inspection by the Building staff for new construction. 2. Applicant to provide a Highway Department permit for the relocated curb cut to the site. 3. Applicant or applicant's architect shall provide the Building staff with the engineering data or findings that confirm that the existing foundation can sustain a 2-story structure. If at any time it is revealed that the existing foundation cannot sustain the proposed residential structurer applicant will be required to return to the Planning Commission and Council for further consideration. The enclosed resolution has been drafted per the Planning Commission's unanimous recommendation. A RBSOLOnOII 6RAVTIM6 VAMAMCBS TO mmicTPAL I0HHI6 code SBCTXOli 10.22, SUBDIVISIONS 1 i 2 FILB HO. 13S1 WHBBSAS, Jack Rhode (hereinafter ”the applicant”) la owner of the property located at 1690 Shadywood Road within the City of Orono (hereinafter ”Clty”) and legally described as followss Lot 10 and that part of Lot 11 described as followss Beginning at the Northwest corner of said Lot 11? thence Southernly along the Westerly line thereof to the Southwest corner of the North 14* of said Lot 11; thence South 87 degrees, 27 minutes East to the shore of Crystal Bay; thence North along said shore to the North line of said Lot 11; thence West along said lot line to the point of beginning. In Shadywood, Hennepin County, Minnesota (hereinafter "the property”); and WHBRBAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 6 2 to permit the construction of a new principal structure using the existing foundation as the proposed new construction would require approval of a lakeshore setback at 61* Instead of the required 75* and a hardcover variance within the 0- 75* setback area of 812 s.f. or 13.3% where none Is allowed. Minnesota: HOW, TBSRBFORB, BB IT RBSOLVBD by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1381. 2. The property Is located In the LR-IC Single Family Lakeshore Residential Zoning District requiring a 1/2 acre or 21,780 s.f. The property consists of 17,700 s.f. or .41 acres. 3. The Orono Planning Commission reviewed this application on February 21, 1989, and recommended approval of the requested variances based upon the following findings: A) Major upgrading of the property will result In the following changes to existing substandard conditions: Page 1 of 5 C 'S Lakeshore Required Existing Existing Proposed Proposed Variance: Existing Proposed Existing Proposed setback: - 75* Principal Structure - Accessory Structure ■ Principal Structure ■ Accessory Structure - 55* 10* 61* 59* (second level deck extends 2* beyond lakefront of principal residence) Principal Structure Principal Structure Accessory Structure Accessory Structure 20* 14* 65* 16* or 261 or 18.6% or 86% or 21% (second story upper level deck) 2) Hardcover within the 0-75* Setback Area: Allowed - 0 s.f. Existing • 926 s.f. or 15.8% Proposed * 812 s.f. or 13.5% Total Reduction - 2.5% B) The application involves no need for a hardcover variance within the 75-250* setback area as applicant proposes removal of major portions of existing hardcover within the 75-250* setback area. C) The use of the existing foundation will provide less of an impact on the lakeshore property. D) The original structure was placed on the property prior to current standards for lakeshore development. 4. The City Council has considered this application including the findings and recommendations of the Planning Commissiont reports by City staffs comments by the applicant and the effect of the proposed variances on the healthy 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 variances would not adversely affect traffic conditions^ light# air nor pose a fire hazard or other danger to neighboring prdperty; would not merely serve as a convanience 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 COHCLOSIONS, ORDER AlID COHDITIORS Based upon one or more of the findir noted above# the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22# Subdivisions 1 and 2 to permit the construction of a new residence structure using the existing foundation subject to the following conditionsi 1. All hardcover scheduled for removal must be completed prior to the final inspection by the Building staff for the new construction. 2. Applicant to p^’ovide a Highway Department permit for the relocated curb cut to the sltj. 3. Applicant or applicant's architect shall provide the Building staff with the engineering data or findings that confirm the existing foundation can sustain the proposed 2-story structure at the time of application for a building permit. Applicant is hereby advised that# if for any reason unknown at this time# the existing foundation cannot be used# variance application #1381 shall be scheduled for further consideration before both the Planning Commission and the Council. 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 resolution will expire on that date (March 13# 1990). 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 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 I • 1989. ATTESTS Adopted by the Orono City Council on thie 13th day of March, Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Oimer(s) STATE OP MINNESOTA ) ) aa. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this - day of _ _ _ _ _ » 19 . by James R. Grabek ( Dorothy M. Hallin, Mayor ft 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 cm or osoHo - vauuMCB applicati Initial Application Faa $150.00 ($50.00 V •ach additional variance) Renewal Var ^^ance Fee $75.00 (no change from original application) After*the-Fact Fees (Double application fee) PKOPiMnr tocATioa Site Address 9C Property Identification Number (P.I.D.) S 9' /7-//2.3 2./ CcJ/7, Please chec}.- Pr^rarty abstract or *--^torrens? Attach legal .joription to application if not included on required surv«;.v. APPLICANT Name Phone (home) 7/0/ _ _ Phone (work) SS/ SASXS' Zi.X:ixAddress: OWNER (if different than applicant) Name Phone (home) Phone (work) Address:City:Zip: Date Property Acquired (month/year) I (doj ty> also %m the adjacent parcels of land. KHT USB OF PROPBRTT Present Zoning District ^ ^ / CZ. Present Use of Property ________ _____________c^jesldentia^ _ _ _ _ _ _ Other (specify) _ _ _ _ _ _ _ _ _ _ DESCRIPnON OF RB(20BST Estimated uonstructxon Cost $ Describe request in detail : 7^^ VMIANCES RBQOIRBD Lot Area Setback Variances ( Lot Width Front Hardcover Side _ _ _ Rear) other IPUWM8HIF D«iicribe undu« hardship or _ •nforcemsnt of zoning regulations Ci^'CC, ^ practicaL difficulty resulting from strict ■ «- <( rm« • yA/ "^//S DBSCSIPTIoa OF oaosajoi frofbstt cohditiovs Describe unusual property conditions preventing compliance with Zoning Code Requirements t vSdTg^ RBQOIXD SUBMITTRLS 1. Completed Application Form Certified Froperty Owners List of o%mers within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Stamped, legal sized envelopes (110) pre-addressed to each of the names on the above list with no return address (use address labels obtained witJi property owners list). Certificate of survey including hardcover calculations as required. Topographic survey (existing and proposed eleyatiox^s) if any changes in existing grade are proposed. Flat Map (obtained with property owners list). 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 req* >sted by City staff. The Applicant and Property Owner must sign this application. Flease remember that your variance application is not complete if the above information has not been included. Certification by Zoning Department that Variance Application i.s complete. Zoning Official's Signature_______________________Date_________________ 2. 3. 4. 5. €. 7. AFFUCAMT'S 8Z6HATII1I The applicant hereby agrees to provide all informat'.on required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the beat of his/her )cnowledge. ^ Applicant's Signature. ^Date _ ^ OMOERS SIGMATORI The owner hereby ackowledges and agrees to this applicati d further authorizes reasonable entry onto the property by City staff, consultants, agents, Conmdjsion members, and Council members for purposes of investiga tion and verification o^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 ;hird 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. n- in-<3s- mu DATE 11/IO/M UTCH ME 38 17-117-23 21 0004 PROP MNM 01*75 SHADYHOOO RO OMHER KMC RICHARD 0 NQRill A HIFE TAXPAYER RICHARD IIORUH NAHE/AODR 1*75 8HAOYHOOO ROAD HAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OUNERS LIST 30 17-117-23 21 0005 01719 FAGERNESS POINT RD LAUREEN E DARLING LAUREEN E DARLING 1719 FAGERNESS POINT RO GRONO MN 55391 REPORT NO. PI435A01 PAGE 4 30 17-117-23 21 0014 01*50 SHADTNOQO RO K H ROELOFS ETAL K H ROELOFS 1*50 SHAOYNOOD RO HAYZATA MN 55391 FlK)P AOOR OUNER NAME TAXPAYER NAME/AQqg^ 30 17-117-23 21 0015 01*70 SHADYHOOO RO THOMAS R SARENPA ETAL THOMAS R SARENPA 1*70 SHADYHOOO ROAD HAYZATA MN 55391 30 17-117-23 21 001* 01*00 SHADYHOOO RO JOHN G DOLEMAN ETAL JOHN 6 DOLEMAN 1*00 SIUDYHOOD ROAD HAYZATA MN 55391 30 17-117-23 21 0017 01*90 SHADYHOOO RO JACK F RHODE JACK F RHODE 3155 NORTH SHORE DR HAYZATA MN 55391 MOP AODR ^ ONNER NAME TAXPAYER NAME/AODR 38 17-117-23 21 0018 01710 SHADYHOOO RO HARRY L MEYER ETAL DALE C PALM 1710 SHADYHOOO RO HAYZATA MN 55391 30 17-117-23 21 0019 01720 SHADYHOOO RO U A J KEENE UIllIAM H A JANICE H KEENE 1720 SHADYHOOO RO ORONO MN 55391 TOTAL BATCH 002 00008 1 CERTIFY THAT THE FACTS REPRESENTED ARE AH ACCURATE AND TRUE REPRESENTATION OF ItIFORMATtON AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEltlEPlN COUNTY OEPARTMENT OF PROPERTY TAXATION* TO THE BEST OF MY KNOHLEDGE AND BELIEF. DATE # n o i D., /^y^i:>fry' Co/>M'77.cr)i/5 ___gyt^ ____ ’7S'^^.c^^Au:A^ —_____ #13 1 4. HAHDCOVER CALCULATION HORKSHEjT/ SETBACK ZONE: (CIRCLE ONE) J !SO-5g£^ojgC^' Existins Hardcover in Zone A. House ''S’-o x /4ous^ B. 6a RA6S . c. Driveway 0. Sidewalk E.Patio/ . Deck R.Landscape AREAS UNDERLAIN BY PLASTIC SHEETING G. Other LENGTH ^.7 /.3 C90/cdinmr^7ws /CsryT^/M/A^U/^LL. /*3 X K X X X X 77 JL <fO.C m (mCTO width 4.S 7.3 ^3.0 Total Hardcover in Zone - Total Property A rea in Zone Q_9£^ [b]_^^ I.F. /t-2~ /O^________.S.F. S.F. “7 S • P • ^ S‘y^. CO s.p. 9^ . s.p. . s.p. . s.p. . S.F. . S.F. . S.P. . S.Pt . s.p. . s.p. s.p. s.p. s.p. S.F. I~T{ i.,. [T] X 100 /r./g- % HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75’ (^-25QJ/ 250-500' 500-1000' Existing Hardcover in Zone A. House y,o X <0.0 m s.F. LENGTH WIDTH X 9.A m ' ^3 s.p. ».3 X 6.C,S-<7Ss.f.-^ ^o^rrsTpa^7.3 X P.S-m 'C./.AO X m S-R. B. Garage J3.4 X ^0.3 m iS7.7A ».«. c. D riveway •f7.S"X J3.0 7o7.3o X m S.P. D. Sidewalk X /3.0 *7^ S.P. 3.3 X 7^.Ci /9S S.P. X S.P. E. Patio / D eck X m .S.P. F.Landscape - - X S.P. AREAS UNDERUIN BY X S.P. RUSTIC SHEETING X m S.P. /.3 X w7? S.P. ^'9 6. Other X S.P. Total Hardcover in Zone Total Property Area in Zone ».F. (Tl fjl 4[T1 X 100 - ■ HMtnCftVER. <?AL(_ ULPn T10Kib P- ^1^381 /H xr D£o\/c . Fotorc . 1 pi h.2 X 2r*t-. U ~ '1'tO ^>r Pt ♦ 9X HlubE Z.o X E^.o = |<3 1 r ?3 STtP 1-^ II.fl a 13 —^P4 *)TC>1-^ X H-C - i3 1 % i : ^•OR.(VCrt KJ 0 M e. K iC'n e. *■ llVM0 5<.Afe.'v SU£%rlKlo >y K1 ONt 11 ! 1 1 i — . . Total U aa,I:>C^M C.li- ZOVJK 6IQ.5»Ft f/^,[r-A . ROPtR-Tiy AtEA ItO -ZjftKJt tlOO^UTt ftj Ji^ ak'a. ifT *T •ij (ol06 13.3 PWPEMV Irc A IU-26NIL TKKEN PR.OM 'jURMEV BV CORIH <iR»M^EBA #13bl HikROOQVfEl^ CftLCULBTlOMb SCrBACit. xo rJ t. •a-g O FT PR.opag>g.ti Wi.itQCA>/&Tg-J^v^nJlt&->/ Woo^»e 11?.'^' y = <^Sl.O uoo&e 1.0 “7.0 J Ml.O 0.^.1 y V5.0 .= S’U b\t>6WAU^ P'A 3.0 «0 ^ 75.0 \<\,i 'bco i 570.0 nj ^ 10.0 =• *1^-^ 9.0 ig. = 576 ul^MA6cAPl. undlixlixikj fly 6h£ETIM^UONE- Total UAkocovtA i»j xotoe. Tbtnl '^MPU.iy hutR \Ki rows 2663 ^<Fr <A.I \l IpOO^fT L.B 1863 5iTt -r?^ H ^^f00kV^ ^ lA^BS‘’/o fftoPKAry KfteA iu lOUl takcm fmu ^uRieV Os CbFFii4 6AoKista<(' (b ¥ i^ J-SI I V CO % i!|,'-/ ^1 Bl~iiMf'i 1 4i :> Ui «u»u >0 V 5 v: . U.’ !!!'!prrn "l "TTT‘ ;i:1.1 AJ.. 1 !i..l‘.l t: :l ^ i:: , < i ? t tlf .} •: i ' 1 ■ ''; 'i i i ‘ J\ :! '‘I ...1 —i . '.V 1 tdli |~i: o r I y iJ J uJi H: si Q i o #ai38i ELtV^T\«' jJ_____ ^o-o#^7s7«e st»ur>*fc-.‘d' 1 1 tH 00 CO tH UOfc!l\oU rrr J9«vc ^ Ciusrr lU Ar ^ ‘ M-i m Ji—lttU*)t- .. IX* ^ : r-f GO ie* ‘‘ I P'/co^ ; Oec,k.t^^ B.cDRvr2 "1 hTIS n ‘ to RH»3 \lx\'L — a;*' k f Tne ?- UpPtR. . . to »5^y.t2_ liili Wttic SeCOkJD FL25B- ■ sy/OT',*"l^^wvci \ \ \ ^e-K> C-c*^^rt^Cfic{€>» •7S* m. ^f.ttet^f ''' tlO-Ts"* Ar«*L t-S" vaso > ytf,3L<rt3«i^ (Cc r^oyr \W £ca/ ! ^Sodh ttp^rf Let 13 Covfi-«H ^c>ts ^ - 7,5* /^>r€4L — * fif'W’*^- I r /»t/'•» s“^rRT/‘'^**C ’ /‘SAH' /SC oPho^f t^ iilftStCT ctT/icts/fJO r.'^/7A<iL rtrrF aT il A^'/Jicr.7/A'G /7 5/* r - :•• • r*:r» or.* '.■;r‘r: rf .1 ri:r\t'y c! ! I.r I n*!m!.»r i«* of 11. U f n t o^ V .i. .... - r>? 11 0 t:'»rf.h 1* frt * rf miO l.ot : rr«*li i /j? OATBs SDBJs Mayor Grabek * ^ Orono Council Members Planning Commission Chairman Kelley ' Planning Commission Members City Administrator Bernhardson Michael P. Gaffron, Assistant Planning & Zoning Administrator March 9, 1989 fl382 - John and Lois Rogers, 755 Tonkawa Road • Variance Soaing Districts LR-IB, Single Family, One Acre, Sewered Applicaticas Request for Hardcover and Lakeshore Setback variances to attach existing house to existing guesthouse. List of Bxhibi«^ss A* Notice of Planning Commission Action, 2/27/89 B. Planning Commission Minutes, 2/21/89 C. Proposed drainage plan D. Memo and exhibits of February 16, 1989 Diacassioos Please review the memo and exhibits of February 16, 1989. This is a request to attach the main house to the guesthouse on this property with a new room addition. The addition will be over an existing patio area, hence the hardcover increase associated with this addition is minimal. About half of the proposed new structure will be located in the 0-75* setback zone. Also, to help offset the additional hardcover, a shed near the lakeshore deck will be removed. Note that, although the memo of February 16, 1989, discusses a hardcover increase in the 0-75* zone, prior to the Planning Commission Meeting, a revised proposal was submitted which actually results in no increase in 0-75* hardcover. The City Engineer reviewed this site and recommended that a drainage plan be provided by the applicant. The Planning Commission recommended that the plan be required prior to Council review. A plan was submitted and is attached as Exhibit **C”. The City Engineer*s preliminary review of the proposal (which is a pipe proposed to outlet about 40* from the shoreline and on a very steep slope), indicates that this plan does not meet with the City's policies regarding drainage. He stated he could not recommend approval since approval would be inconsistent with past City practices. The applicant has been advised to revise the plan so that either the pipe is omitted or it is redirected to discharge outside the 0-75* setback zone. Planning CoaHisaion Recoaaendation: ^ , At their February 21, 1989 meeting, the Planning Commission recommended on a vote of 3 to 2 to approve the average setback variance and the new structural hardcover in the 0-75* zone in place of existing platform-type hardcover. At that time, the applicant also noted that they would likely be revising the stairway structure to make it safer, and applicant was later advised by staff that a conditional use permit application would be needed for this only if the stairway does not meet the 4* width standards (see Exhibit "A"). The Planning Commission minority opinion was that additional structural hardcover in the 0-75* zone would not be consistent with the policies of the City given the existing percentage of hardcover in that zone. Staff Reon—snil■ tion s Staff has not drafted a resolution for this application because the Planning Commission vote was not unanimous and because the drainage plan remains an issue. If Council wishes to approve the variances for average lakeshore setback, and for replacement of piatform-type hardcover with structural hardcover where hardcover is not allowed, staff would recommend a conceptual approval only be granted, directing staff to draft a resolution for your next meeting, but conditioning conceptual approval on revising the drainage plan to meet with the approval of the City Engineer. ZONING FILE NO. 1382 CITY OF OSOHO P*0* Box 68 Crystal Bay, HN NOTICE OF PLANNING COMMISSION ACTION 55323 473-7357 Date of Notices 2/27/89 John & Lois Rogers 19100 Minnetonka Blvd Deephaven, MN 55345 COPIES TOj Mark Lumry Arteka Corporation 5800 Baker Rd Minnetonka, MN 55345 TYPE OP APPLICATIOMs Variance DATE OP MEETINGS 2/21/89 VOTES 3 For 2 Against Planning Ctwiission recoBBends the followings Approval subject to conditions noted below NOTES AND SPECIAL COHDITIONSs 1. Approval per revised site plan showing no hardcover Increase In 0-75' zone; construction of new structure above existing patio hardcover, with concurrent removal of long shed. Planning Commission suggested that stairway revision should be part of a separate conditional use permit application, however, since the stairway replaces an existing stairway structure. If It Is no wider than 4', and Is of equal or less hardcover than the existing, a conditional use permit application Is not required. 2. Recommended approval of average setback variance. 3. Drainage plan to be submitted for City Engineer review and recommendation prior to Council review. Applicant's next scheduled meeting Is dependent upon receipt of additional Information. Deadline for the March 13th meeting Is March 6, 1989 or March 20th for the March 27, 1989 meeting. If the applicant has trouble obtaining additional information, please contact the Zoning Department (473-7357). If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. MHIUTBS OF THE PIANNI1I6 COMMISSION MEETING FEBRDMY 21, 1989 ZONING FILE «1381-RBODE CONTINUED hm, with the exception of the foundation. She recommended that this application be reviewed with similar considerations as the Johnson application off North Arm Drive, in that approval be conditioned upon the existing foundation being used. The general concensus of the Planning Commission was that they were in favor of the proposed house not extending as close to the lakeshore as the existing house. They were also in favor of the reduction in hardcover in the 0-75' setback area from 15.8% to 13.3%. The new structure would be right on the average lakeshore setback line, and will have an attached garage. The detached garage will be removed. It was moved by Planning Commissioner Hanson, seconded by Planning Commissioner Cohen, to recommend approval of this application granting the lakeshore setback variance required for new construction on the existing foundation. The setback shall be allowed at 59' to accomodate the 2' upper story deck extending into the lakeshore protected area; the main part of the house shall be at 61'. In addition, approval is recommended for the hardcover variance of 13.3%, or 812 s.f., within the 0-75' setback area, with no additional hardcover allowed in that area. Motion, Ayes«5, 'Nays<^, Motion passed. #1382 JOHN ROGERS 755 TONKANA ROAD VARIANCES PUBLIC HEARING 8:47P^- 9:00 P.M. The Affidavtl rif Publication and Certificate of Mailing were duly noted. The applicants were not present for this matter, however, Mr. Mark Lumry of Arteka Corporation, was present on their behalf• Assistant Planning and Zoning Administrator Gaffron informed the Planning Commission that there had been a revision to this proposal. There will be no increase in hardcover in the 0-75' zone due to the removal of an existing storage shed. Mr. Lumry also explained that there would not be any additional terrace area as originally proposed. Chairman Kelley clarified that this application now involved only the conversion of hardcover to structural hardcover and an average lakeshore setback variance. Gaffron agreed. Planning Commissioner Brown asked for clarification as to the average lakeshore setback. Gaffron explained that the house to the south, approximately 200' away would not be affected, to the north, there were only c p buildings. Mr. Lumry mentioned the fact that the existing guest house and main residence were in front of the addition. There is an existing brick retaining wall which would mfinimize the visual impact of the addition from the lake. NXHOTBS of the planning commission meeting FEBRUARY 21, 1989 ZONING FILS #1382-ROGZRS CONTINUED Zoning Administrator Mabusth inquired about the proposed use of an existing garage. Mr. Lumry informed her that the Rogers were planning to convert the garage into a recreational area. Mr. Lumry also noted that at some time the Rogers may wish to rebuild and slightly relocate the existing stairway leading to the lake. It was moved *by Planning Commissioner Brown, seconded by Planning Commissioner Hanson, to recommend approval of the average lakeshore setback variance and hardcover variance in the 0-75' zone. Moos suggested removal of the storage shed so that there will be no net increase in hardcover. Brown incorporated thdt condition into his motion, Hanson seconded. Gaffron mentioned the fact that the City Engineer was requesting a drainage plan. Mr. Lumry said that it was the Rogers' intention to have that information. Brown also included that condition in his motion; Hanson seconded. Motion, Ayes«3, Kelley and Cohen Nay, because they would prefer hardcover in the 0-75* setback area open or removed, as opposed to converted into structural hardcover. Cohen expressed his concern over the potential of being asked bit by bit for more and more hardcover in the future. CONFIRMATION BY PLANNING COMMISSION OF FORMAT/PEOCEDURAL MODIFICATION BY RETIEfflNG STAFF The Planning Commission unanimously agreed to continue with the change in memc format whereby staff would refrain from the use of recommendations when not appropriate. The Planning Commission would monitor the new procedure for the next few months• PLANNING COMMISSION APPROVAL OF JANUARY 17, 1989 MINUTES It was moved by Planning Commissioner Cohen, seconded by Planning Commissioner Hanson, to approve the Minutes of the January 17, 1989 Planning, Commission Meeting. Motion, Ayes*5, Nays«0, Motion passed. PLANNING COMMISSION REPRESENTATIVE It was agreed that Planning Commissioner, Sarah Moos, would represent the Planning Commission at the March 13, 1989 City Council Meeting. ADJOURNMENT The February 21, 1989, Planning Commission Meeting adjourned at 9:05 p.m. i5 f.'16. TO: Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernhardson PRONx Michael P. Gaffron, Asst. Planning & Zoning Administrator DATS: February 16, 1989 Subject: #1382 John & Lois Rogers, 755 TonkavTa Road Variance * Public Hearing Zoning District:LR-IB, Single Family, 1 acre, sewered Application: Request for hardcover and lakeshore setback variances to attach existing house to existing guest house. List Of Bshibits Exhibit A - Application Exhibit B - Applicant's Hardship & Request Statement Exhibit C - Plat Map Exhibit D - Property Owners List Exhibit E - Survey of Entire Property Exhibit F - Site Plan (Large); Including Hardcover Calculations Exhibit G * Architectural Plans Exhibit H - Staff Hardcover Review Exhibit I - Letter From City Engineer Glenn Cook Dated February 15, 1989 Exhibit J * 1963 Correspondence Regarding House Location Pertinent Facts 1. The property contains an existing principal residence and guest house, which are architecturally related, separated only by a concrete patio area. The intent is to attach these two structures with a walkway and garden room, the guest house becoming the owner's master bedroom. 2. The house was constructed in 1964, the location being approved by City officals (note the attached letters of October 1963). 3. Existing hardcover in the 0-75* zone is 21.9%. Although the room addition can be constructed without adding hardcover (since it is over existing concrete patio area), the applicants wish to create a 400 s.f. terrace adjacent to the addition, in the 0-75' zone. This increases hardcover in the 0-75* zone to 24.2%. 4. City Engineer Glenn Cook has reviewed the proposal, and notes that attachment of the two buildings will create a single structure of approximately 175' in length, with potential drainage concerns. Cook recommends that a drainage plan be submitted to indicate how runoff from the hillside will be channeled around the ends of the house. •• «• :* Zoning File #1382 February 16» 1989 Page 2 of 2 5. Technically, this project also requires an average lakeshore setback variance. However, there are no visible residence buildings on the Camp Teko property to the immediate north, and the residence to the south is more then 200* »way. Neither neighboring property will lose any existing lake viewu oecause of this project. Discttsaion Please review the statement of request and hardship submitted by the applicant. Obviously, this residence has some unique features and history, and may well be considered architecturally significant. Since it would be inconsistent for the City to grant variances to increase the percentage of hardcover in the 0-75* zone, the question remains, which areas of hardcover could reasonably be removed to result in at least no net harcover increase in the 0-75* zone, or perhaps even an overall decrease in the 0-75* zone? Referring to the staff hardcover review, the deck near the lake is long and narrow, comprising nearly 900 square feet in area. That deck has two accesses, both via a stairway and a blacktop path that averages 5* in width. Removal of the black*:op path and reverting it to natural vegetation would certainly accomplish an overall alight decrease in hardcover, at the expense of a gradually sloped paved walking pathway. Perhaps the applicants can suggest other hardcover that could be removed in the 0-75* zone if the pathway is not removed. Note that the residence has no attached garage, only a carport. There is a detached storage building that apparently can function as a garage. Options For Planning Commission Action Planning Commission has the following options: 1. Recommend approval based on the hardships noted above and in applicant*s letter of request. If approval is recommended. Planning Commission should address the following concerns and conditions: a. How much hardcover must be removed, if any, from the 0-75* zone, and which items of hardcover should be removed. b. Recommend that applicant provide a drainage plan for review by the City Staff prior to review of this application by the City Council. 2. Planning Commission may wish to recommend only a partial approval, perhaps allowing the addition but disallowing the proposed terrace hardcover. 3. Recommend denial, making findings that support denial. 4. Table for additional info mation. If this action is taken, please give applicant direction as to what additional information is required. 5. Othe r. 32, )/2nM cimr OF OROHO - vuiiabcb application # f _ Initial Application Pee $150.00 J • '' ($50.00 per each additional variant/ _,j v ^ ' Renewal Variance Fee $75.00 (no change from original application) After-the-Pact Pees (Double application fee) PROPBRn LOCATION Site Rnad. Ornno. MN — Pi^operty identification Number (P.I.D.) nq.q_i Please check one - Property /////a PA^XAPP/P^ _J!_ torrens? #714215 Attach legal description to application if not included on -c required survey. _ _ _ _ _ _ _ APPLICANT Mark H. Lumry Phone (home)- - - - - .- v Name mrnnr;.i-ir.n_______________Phone (worr.)(6l2) 73B-9Q00 —T'. 0 jj Addreggi 5800 Baker Road_ _ _ _ _ _City; Minnetoni^a_ _ _ ‘ ONHBR (if different than applicant) Phone (home)(612) 473~4?1Q— Name John E, & r.nis A. Rogers__________ Phone (work)(fii?) »>4fi-aa££---- - - - - - - - - ^ 5^39/ Address: 19100 Minnetonka Blvd. City; Deenhaven- - -Zip; Date Property Acquired March IQ. l^afl_ _ _ _ _ _ __ (month/year) I (3000 (do not) also own the adjacent parcels of land. PRESENT USE OP *'*lOPERTT Present '•->ning District LR^IB- - - - - - - - - - - --- - Present Use of Property _ _ _Residential Residential _ _ _ _Other (specify) _ _ _ _ __ _ _ _ _ _ _ _ _ __ DESCRIPTION OP REQUEST Estimated Construction Cost $_ _ _ _ _ _ Describe request in detail; see attached VARIANCES RBQUIRED _ _ _ Lot Area _ _ _ Lot Width Hardcover Setback Variances (_ _ _ Front _ _ _ Side - - - Rear) Other Lake setback, average setback - . ■— HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; See attachpfl_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DBSCRIPTIOH OP OHUSDAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements; see attached_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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. Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). 4. Certificate of survey including hardcover calculations as required. 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6. Plat Map (obtained with property owners list). 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. 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 Zoning Department that Variance Application is complete. Zoning Official's Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her Icnowledge. ^ ,, Applicant's Signature ^ //Date i V jomnss sicmTDKB The owner hereby ackowledges and agr'ees 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 verificatioD^of^this request. Owner's Signature opL^f this request. Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building 6 Zoning Office of this change prior to the meeting. l^oeNce \jseN^ cescpirricH #1382 1 John E. Roger* end Lola A. Rogers, husband and Mife, as joint tenants 2. YOUR INTEREST IN THE LPND COVERED BY THIS POLICY ISl FEE SIMPLE 3. THE LPND REFERRED TO IN THIS POLICY IS DESCRIBED PS FOLLOUSi Par 11 Pll that part of Lot 1, Pudltor*s Subdivision Number 217, Hennepin County, Minnesota lying Northwesterly of a line drawn parallel with and 130 feet Southeasterly, measured at right angles from the Northwesterly line of said Lot 1, according to the recorded plat thereof, ar-d situate In Hennepin County, Minnesota. Par El Pll that part of Lot 1, Puditor** Subdivision Number 217, Hennepin County, Mlnnesot;'* lying Northwesterly of a line parallel with and 200 feet Southeasterly measured at right angles from the- Northwester;/ line of said lot 1 and lying Southeasterly of a line drav«n parallel with and 130 feet Southeasterly measured at right angles from the Northwesterly line of said Lot 1, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Par 31 The Southeasterly 20 feet of Lot 11, Puditor*s Subdivision Number 207 of Hennepin County, Minnesota, according to the recorded plat thereof, and situate in Hennepin Count>> Minnesota. MINNESOTA TITLE riMr.nii3Uf t/N 1. Description of Request:#1 Construct a 490 S.F. family room addition, replacing existing hardcover surfacing and connecting the existing heme with the detached guest house. The house was designed 25 years ago in 1964 by John Howe, a noted American architect who studied and worked alonpside Frank Lloyd Wright as his closest associate for 27 years unth his death. Wright's influence is evidenced in many of Howe's designs. The home at 755 Tonkawa was originally designed for Mr. and Mrs. George R. Johnson. It was Howe's first project on his own after leaving Taliasen Associates, and was key in bringing him to Minnesota. Not only is it a one-of-a kind unique design, but the construction materials (brick windows, doors, etc.) are all custom made for this project. A major concept of the Wrightian design approach is the marriage of architecture with the site. The location of this home and it's relationship to the surrounding terrain are an important part of the overall design. The existing structures are now part of the site, just like an Oak tree. The family room addition, as well as the guest house, were originally designed as integral parts of the toUl design. The Rogers purchased the home with the understanding that they would work with John Howe to complete this project, his first, and ironically, his last 2. Hardship • The location of the existing home and detached guest house dictate the location of the proposed connecting family room addition which was originally designed as part of the home. Respect for the architectural style and existing circulation patterns require this positioning. 3. Unusual Prop. Conditions The design, location, and positioning of the proposed addition is in direct relationship to the existing unique design character, the historical architectural elements and how they were sited. !SJ v' > >■' '’"’y =/-,s 4fc V •>X4v| •^5 </ #13 \ far-^-ta ''A A R NT 'To?V, TONKA \•o ^ .-> ! •••. •v*».■ -S4«^ <*?*■*»'• ’<7: - ■•... . ;' :•> \..>.' . •:? . '.c: ?■ *-*•* -f ■: ’ • '-ir.» '•••■. -■ ' :’ . :..y . ’ • . h- • • •—• -• *•■!- '»'•• r : . ;■ • . : * y V ■ ' '.'.r - V * •• ' -;yr ^ ' -■ ..> -. .>■ . .. ,^C.VV> *v. r*wy-*vA-^.tr-;^'^.»rr_'l-'^v ••;- IMT '7. •. -*A* OUTLO 'AwT/ir* \ - . i-»-v ;: l.i.* ^ . < . r- w<rr.;B»<*^i ■ J y- • ■ ‘ •- :-.'t.'" ■ V* •• '•^.’^it.;.- ’'- •uV'ir:; •'''y^ MJN OATl oma/%9 HEM4EPXN COUKTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST BATCH DOS PMP AOCM OtCR NMC TAXPAYER NAME/AOOR SB 05-117-23 S3 0001 00445 TOMIANA RO temple ISRAEL OF MIlfCAPOLZS HHPLE ISRAEL OF HIIMEAPOLIS 2324 EMERSON AVE SO MPLS MN 55405 30 05-117-23 33 0003 007S5 TONKAHA RO J t L ROGERS JOHN E ( LOIS A ROGERS 755 TOMCAHA RO LONG LAKE MN 55356 REPORT NO. PI435401 PAGE 7 30 05-117-23 34 0001 00722 TONKAHA RO M F NY6AAR0 A J I EROHANN TOOO R MAUGEN/TERESA RITTEN 722 TONKAHA RO LONG LAKE rM 55356 PROP AOOR OMCR NAME TAXPAYER NAME/AOOR SO 05-117-23 34 0003 00724 TONKAHA RO ROBERT N URSGN ETAL ROBERT H LARSON 724 TONKANA RO LONG LAKE Iff 55354 30 05-117-23 34 0004 00740 TONKAHA RO HARK C GREGERSON HARK C GREGERSON 740 TOMCAHA RD LONG LAKE MN 55356 30 05-117-23 34 0005 00746 TONKAHA RO FRANCES L LARSON FRANCES L LARSON 746 TOrOCAHA RD LONG LAKE MN 55356 PROP AOOR 0»MER NAME TAXPAYER NAME/AOOR 30 05-117-23 34 0004 00750 TOIKAHA RO HENRY E BENSON ETAL HENRY E BENSON 750 TONKAHA RD LONG LAKE N4 55354 30 05-117-23 34 0007 00760 Torn AHA RD ARTHUR J BERTEL30N ET AL ARTHUR J • BETTY H BERTELSON 12017 BURNELL DR MirOETONKA MN 55343 30 05-117-23 34 0000 00770 TONKAHA RD MAUREEN LOUISE LAJOY MAUREEN LOUISE LAJOY 770 TONKAHA RD LONG LAKE m 55354 PROP AOOR OIMER NAME TAXPAYER NAME/AOOR SO 05-117-23 34 0009 00774 TOMCAHA RO AIM C FISHER AIM C FISHER 774 TONKAHA RO LONG LAKE IM 55354 30 00-117-23 21 0001 00001 TONKAHA PD J E A L B MOORE JOHN E t LOURDES B MOORE SOI TONKAHA RO LONG LAKE IM 55354 TOTAL BATCH 003 00011 v) I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTNENT OF PROPERTY TAXATION, TO THE BEST OF MY KNONLEDGE AND BELIEF. DATE #1382 G J A #/3sa 755 7^wrAIA»A JOHN E. ROGERS [i;»f if' •:. ► \o 'V^«----4^----Z_______1 /« '“I ■ f•\;.|'. -ri i. • • •• L • 7 ■ ?•. f- VM-S '. 0-~)S' A STveucTue-G" ScAt-C: /''r t A. 0evtei^ ^ Isa^ T^^uja 0-is, * i A^ttK • n,soo j*A etJc^.cAt,<:t t aaaci %(. sr»^ CM,e'<& X C««>sr?A.6.'> Wx O^I\TluCm VrdfCA.tg' a c b ( F M X X K. L 9 r -i/x A WlK«/2. *//w S /i. W2- ^ox7.r/i. tiviH.t/i. ^•T X iu/a. // KX S'xc^r /ftxic.rA IH K>rA3.y/2./c^: A<7.r>y 0 e*‘27.r ys /•4'. r>3j-/13 - ^ SUtIctOP r>TH It y.r^yy ixi X /ar T s7 PtfCK IK 1A X8/ V yt^tr 2lX> 3.e»23 et 5P»L> y ^X22_ sTAi/?i y y 62- Tt*/c i#fw.»»2Ha } } ^OX ' V<fc4ei^/*^v>x>p * Sh^'C tSjUznr^c^^ * "" AX>T:> T^iA C f /t^\Acte^-r 7-0 /^/evJ ^Aati«o RoOi^ ^blTTOX^ ([^.i<.A«kt.T Aj IS e^fzr/tiC^ HC.^ TW^c# /y'bxpr >< 2SI.C'#4vt »*,ib,TK * 3^9 »-iP. -i «/oo fX, K<^ iF/oPos^ 0-7^'- y^iOa./. Vilo •^ n,rbo * 27.2- *A /Oft-T oor' f yoo *A o< 2.B/< *2 g• ?^o* ; /?<»«•*. ,. yo^too ' Pc^ d^<*4»c»#^rT . CAL jCS f AM^C.ca.vM IC 7^00 jJC. cc. /A.OX, - i^i2o/>oseL. /s 7yc.o 4.-^. die y. ^rr |MC*L«.K^P :>r-iro' ./^o ,:f. ^ o.y C. 7-SO-SO^' *. \ - fc?y/^^^>^. HC S7.^>i - F»0 t0^iC.«*S '3.0^C>-^ P.rDo S 21 .c^ /, H(pO <-c sf. :r Bonestroo Rosene Anderllk & |\j I Associates Engineers ft Architects Oao a toimpott M. Hobut w aoMne. JoMpft C AndtrMt. PE. BradCtM A. LtmfiMq, PE RlcnM E. Ibmcr. PE. James C Onon. PC. Otofin K. Cook. PE. Thomai E. ^«sy«s. PE. MoMrt a SchunOP. PP Marwi L SorvM. PE KMih A. Gomon. PE. nctURi W Poster. PE. OanaM C. lurgaML PC. Jerry A Eourdon. PE. Mart A Haraon. PE 1M K. Pietd. PE. MKtiaei t lauimann. PC ■obert a. PWferie. PE. Oawid O LodBO. PC. Thomas W PE- Mchaet C lynch. PC. James a. Maiarxt PE «wneih P Andnsoa PE. ae«h A, aaovnann. PE Mart a. aoifl. PE aobert C aussek. A.I.A. Thomas E Angm PC. HOPrtrd A. Sarttora PE Darnel J Ed0er«on. PE Mart A. Seax PE PhMp ji CasMea. PC. Mart a MrtHHi PE Charles A. Ehckson Leo M. Powet sky Harlan M. Oion Susan M. Ebemn. C.PA. February IS. 1989 City of Orono Box 66 Crystal Bay. MN 55323 Attn: Mr. Mike Graffron Ret 139 - 1382 Rogers 755 Tonkawa Road Dear Mike: Ve have reviewed the site drainage on the Rogers property, addition will restrict drainage on the property. The proposed home The property owner should provide a drainage swale or culvert to the North Vest to provide drainage. A plan of the proposed drainage system with elevations should be provided. If you have any questions, please contact this office. Yours very truly, BONESTROO, ROSENE. ANDERLIK & ASSOCIATES. INC. Glenn R. Cook GRC:bbr Enclosure 2335 West Highwj^ 36 • St. Psuh Minnesota 55113 • 612-636-4600 % ...... *:i .M I !| JOHNSON a S:a3TLUNO i*'»0 !»*••■ Bull IXNO M i N N CA^OCi S i 33B r«^B OczoDei 2^, 1963 Ml i\en Turnham Village of Orono ?• 0. Box 32 Crystal Bay, Minnesota Dear Ken: I am enclosing herewith a survey showing the proposed location of the house for which I have requested a building permit. This is a topographical survey as you will note and is in 1/3" scale with 2 foot contours. The proposed house layout is also in the same scale and therefore shows fairly accurately the proposed location. The proposed drainfield area is as indicated as is the well site. I am also enclosing a copy of i letter written by Mr. Wilbur Backstrom who owns tlie property immediately to the south of mi' lot. You will note from that letter that he feels the proposed house would be an asset to the community and could not in any way interfere with the enjoyment of his own property. I realize chat the Village of Crono is properly concerned about public health, but you may rest assured that be cause of the experience I have had -n Wayzata, that my personal concern is much greater than that of the Village, As I told you the other day, I intend to obtain the services of a qualified sanitary engineer in laying out a "ystem for sewage disposal-. Hie request for the location I have made may perhaps not be ordinary, but I am satisfied in my own mind that it is not unreasonable. I also sincerely believe that it is consistent with the other houses immediately to the south of this proposed site. I sincerely request, there- V 1?: ■! f •a I 'I ,-S. i .• •• -‘il.: ..-- •■* *'• «»»u > JOHNSON Ok SASTwJNG rf*WC« c. •■€»•*••« MINNfA^Okld 2 V • V ^-p-r Oc-wJor Z9, lSo3 3IS. 7M Tumhaa Village oi Orono ?• O. 30X 32 Czystal Say, JClrnasota Saar xan: A waa indaad ?laasa<i to Jrw.^ .'cu :i.;.«\: a oi tlia co\;;;2Cil and yourseli cu.* l^uild- ixsg Jita and tliat tha Council will an ar.a nli:o -.j«- boc^in constmcnlon U-ua cha n«:wj--—.v buildln^; >4i-.a«n. you know, W3 aro nost anxious no can;ily w^ul'. uno nocjuiran^vcs oi tha Villaga on Orono, ana you .nay rouu aasurol uhau tha pro.^8od aawac:3 oyanas i;.ll ba aaacuaaoa w.vl’* yo^ b«;ircro ax^ final dacisicns are naaa. /To ara as anxious as tha Villaga to hava this work afractivaly. It waa a raal ?laasura to iina than tha officials for tlia Vlllaiga of Orono are not only public spiritad hue ara also raaaonahla individuals. I trust you will tharafora also convay sy appraciation for tl.is consldarata h-ndling of 2By prohlaD to your Council. Vary truly yours G9J/XC Gaorga S. Johnson ■0 ■ •» S •ii ■,Ur- ’rT'*r*:r r:;. . 'y .* ’1 A'OOITiON 'Kt,r SR.ATIOH) TO HOM aa*NO, MiMMBiorA - 40MM M. MOMi, AacMiTtar OP M.H.AHtMA^ JOHM S. R. O G i K 3--:r_ r® V.'. 3889.2 Mayor and City Council t Mark B. Barnhardaon, City Administrato^V^ I March 8, 1989 : Planned Developnent Ordinance I88UB - Council tabled this item to the March 13, 1989 meeting. RBCOMMBNDATIOM - Table to Council's March 27, 1989 meeting. PR0P08ED MOTION - Moved by _, seconded by , to table the Planned Development Ordinance to the March 2T, 1989 Council meeting. Ayes__, Nays__. K DATE: SOBJs Mayor Grabek Orono Council Members Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Zoning Administrator March 9, 1989 Amendment of Drainage Easement, Lot (3059 Farview Lane) List of Exhibits: A. Building Permit 4008 B. Building Permit 4082 C. Drainage Easement Description D. Survey Submitted for Building Permit 4008 E. Current Survey, 3/8/89 Review of Special Request: The current owners of the property are in the process of selling their home. The buyer's mortgage company required an updated survey (review Exhibit "E"). The survey revealed an encroachment of the drainage easement (survey line or straight >ne employed by surveyor to legally define wetlands area - does liot follow actual boundary of wetlands). In staff's recent discussions with attorney's assistant representing the seller, the minimum setback of 20' from the wetlands was also noted (actiual wetlands is placed at 930.27 elevation). Staff reviewed the building permit files finding that permit 4082 (permit issued for raquet ball addition) was issued as an add-on to building permit 4008 for principle residence. The City did not require an updated survey. It would be my guess in 1979, a site inspection was made by staff, confirming a 26* setback from wetlands. Fortunately, for City residents, the current policy of the City requires an updated survey for all structural improvements on a property. The City Attorney has approved the corrective procedures established by the Zoning Staff that would allow the amendment of a drainage easement line, via a quit claim deed (review shaded area on Exhibit "E”). The filing of the deed with the appropriate City resolution, will provide the means for the sellers to clear the title to their property. The seller, or seller's agent, will apply for an after-the- fact variance in order to resolve the issue of a substandard setback of 20 feet from wetlands. The enclosed resolution has been drafted for Council action approving the amendment of the drainage easement boundary within Lot 6, Farview. A KBSOLOTIOV APP10VIK TBB AMUnMVT OF A DMimiSB AAStmrt wmim LOT €, BLOCK 1, FAKFIBW wnUAS, the City of Oronor is a Municipal Corporation, organized and existing under the Laws of the State of Minnesota? and WHBKBA8, the Council of the City of Orono has adopted regulations for the orderly, economic, and safe development of land within the City; and NBBBBAS, per a recent survey of a property located at 3059 Farview Lane, owned by Dennis E. Evans and Mary Jayne Evans (hereinafer "owners"), legally described as Lot 6, Block 1, Farview, •nn-pin County, Minnesota (hereinafter "property") the residence structure was found to encroach 5* into a drainage easement as shown on a survey dated January 5, 1989, revised March 8, 1989, by Theodore D, Kemna, a licensed Land Surveyor (License #17006) of Schoell and Nadson, Inc.; and NBBBBAS, the owners are in the process of selling the property and have been notified by the title company for the perspective buyer that this encroachment represents a serious title problem that must be resolved prior to confirmation of sale; and NBBBBAS, the City has agreed to amend the original survey line of the drainage easement as it affects the property with the granting of a quit claim deed of that portion of the drainage easement involved with the structural encroachment, finding the newly defined easement line does not encroach or have any negative impact on the adjacent wetlands area. BON, THBBBFOBB BB IT RBSOLVBD, that ’he City Council of the City of Orono hereby approves the amendaient of the drainage easement within Lot 6, Block 1, Farview, as described in the legal description prepared by Harold E. Dahlin, licensed Land Surveyor (18414), of Schoell and Madson, Inc., attached to this resolution as Exhibit "A", and hereby grants a quit claim deed that will re lead's or vacate all interest in that portion of the drainage easeme..c to the owners and further directs its Mayor and Clerk to execute the qui*- r'^aim deed. Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held March 13, 1989. James R. Grabek, Mayor ATTEST: Dorothy M. Hallin, City Clerk STATE OF MINNESOTA) )sa. COUNTY OP HENNEPIN) The foregoing instrument was acknowledged before me on this ____ day of _ _ _ _ _ _ _ _ _, 19_, 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. Notary Public My Commission Expires Resolution No EXHIBIT "A' Descrlpt1on For Easewtnt To Be Vacated That part of the drainage easenent over, under and across Lot 6, Block 1, FARYIEU. according to the recorded plat thereof described as follows: CoNMncIng at the most easterly comer of said Lot 6, thence on an assuned bearing of South 23 degrees 48 elnutes 37 seconds West along the easterly line of said Lot 6, a distance of 240.89 feet; thence South 29 degrees 18 ■Inutes 37 seconds West a distance of 50.00 feet; thence South 80 degrees 00 minutes 00 seconds Mest a distance of 64.00 feet to the point of beginning of the land to be described; thence North 10 degrees 00 *1nutes 00 seconds «est a distance of 10.00 feet; thence South 80 degrees 00 minutes 00 seconds «est a distance of 30.00 feet; thence South 10 degrees 00 minutes 00 seconds East a distance of 10.00 feet; thence North 80 degrees 00 minutes 00 second East a distance of 30.00 feet to the point of Harold E. Dahiln Land Surveyor MN Lie. No. 8414 Date: March 6, 1989 ClTYoTORONO BuOding Perniit AWO AmJCATION FOR CERTIFICATE OF OCCUPANCY ££lgXjR;_CRjgTAL BAY, MN S8323 473*7» |2DNINaDISIRICT | SITE ADOWig _ pj t LAOAL OEtCRIFTlON: PROF. 10_______ _______ILOeic 4008 DATE ISSUED 7- expires Fmf 20Nf VAR. OATS eONO.UKOATi tor AREA WfOTM DEPTH PROMO SETIACKS front RJIOE REAR LSlOE LAKE wetlands ACCESS NEW EXISTINO aoencv -afprov .date (PinP) (Adrinid UNLOM l*l^> . TYPE OF WORK Addition ruiointiai OWtLL. UHITI tTomiiQ5©T 3 ■OAMS/fLM simc PimMTPitt SUM. PERMIT STATE FEE fuln review . footing Mart Mur _ FRAMING ratOMt INdULATION WAUAOARO Mara Jmtm final MaiaaatiNaNav WORK Of VONO OR WITHOUT A Rf • OUlRfO INIFtCTION WILL II IU» JiCTTOFINALTY. INWfCTlON HOURS 473.730? CALLS. 13 A.M. lASF. 1.4F.M. CALL I • 4 F.M. IKSF. NIXT OAT WHITO.aiLi WORK REQUIRING SEPARATE PERMITS ^FLUMOINC____________ K mochanical _______ <NILL_________________ XliFTIC_____________ CRAOINO* FILLING. iLICTRICAL fram tiaia cii;ui,y::.:.a«cTORFINK.ASIS3S3R "tCCIPT ACKNOWLEDGEMENT THf UNOiRSIONfO MIRiOV RffOUtfTt FIRMitSION TO N TMI real IMFROVEMENTS VtCIFlIO. ANO OICL4 UNDER FENALTV OF tAW ACXNOWLf OOEMONT ANO ACC ANCE OF ALL INFORMATION, CONOITIONf AIIO REQU MENTi REFRESENTEO ON THIS DOCUMENT. THf UNO HONE0 FURTHER AGREES TO DO ALL WORKS IN STRICT C FLIANCE wmi all CITY OF ORONO OROlNANCSf ANO ST OF MINNE^JASUILOm COOf REQUIREMENTS. RMIaraJJl ClTYorOROWO Pennit OCCUPANCYpiOXttCWY«TA. ..V ^ ,y‘ * -v-ji ^RMiT N9 ■ 4083i6 -• oa«3 473-7387 SITtAOOHtM. A>g«f g»...------ LIOAt OUCNirriON: PIWP.w.. ^-------------«LOCK OAT8 ISSUfP EXPinu ■■ VAN. DAT! rGONO-UMOAn ter.sLS ^ LOT aria |iriOTH~0»TH {{OPWOSITIACKS FRONT R.SIOI RIAR LliOE NfTUNOS I WiW EXISTING AOENCV-AyFROV. qate [COUNTY a^.\ --------('Mnt) Rfflif/rnTis IWECTION REQUIRED --------------.FOOT»«H.l^p,«, ----------- --------------«>AUAOAAOi.l.,Ta»*«, • finau SSTSSSST “NFicnoN MOUAS 493-my I3A41INV. 1.4r? CAU.I. 4 FJfclN».im*TOAV work REQUIRING SEPARATE PERMITS FLUMAIMG . MfCHANICAL IWLt._____ CAAOimOAFIttiwo. ACKNOWLiOOEMENT ‘ TMi AUL .-MOVW.AT. »,a„,0. .*0 OICt^M ^07 ACL .MOAHATWN, COAOITIOM AND MIMTS NimiUNTfO ON THIS OOCIAMNT TMK UMn«. oabhaacm an . tat . o* MmNUOTA tUILOMO COM AiOUMf MINTA akc.ll SAKT lO --------Ma.u —On •» Or«wo DESCRIPTION FOR:DENNIS EVANS T 61300-001 Prepared By: SCHOELL & MADSON, INC. 'll Solli 10SS0 Waysata loulavard MInnatonka, Mn. 95343 Tal. 546-7601 Descilptlon For Easwtnt To Be Vacateo ^ **!? easMMiit over, under and across Lot 6. Block 1,FARVIEM, according to the recorded plat thereof described as follows: CoMMcIng at the eost easterly comer of said Lot 6, thence on an assumed tearing of teuth 23 degrees 48 minutes 37 seconds West along the easterly line of Mid Lot 6. a distance of 240.89 feet; thence South 29 degrees 18 irinutes 37 l^onds Mast a distance of 50.00 feet; thence South 80 degrees 00 minutes W seconds Host a distance of 64.00 feet to the point of teginning of the land to be described; thence North 10 degrees 00 minutes W seconds Most a distance of 10.00 feet; thence South 80 degrees 00 ^n^s 00 seconds test a distance of 30.00 feet; thence South 10 degrees 00 minutes 00 Mconds East a distance of 10.00 feet; thence North 80 ^ms 00 minutes 00 second East a distance of 30.00 feet to the point of Date: March 6. 1989 Harold E. Oahlln Land Surveyor MN Lie. No. 8414 » I • Wvl-OMIi\w M^'tv I K»IVI / 1 / ifk'ITHIN 75 r< OF ANY GHOnELlIvi V / p AVpmfeS FT>pF m WETLANDS \ Mm ^I3d» 6P tJ'C ”f'l*Tw^ \ \ \ \ \ \ \ A /\ /7:M r»^T r . r/-t,r \ \ \ 1 V -! \ \ : ; ■■ 21589.9 Mayor and City Council Nark E. Bernhardsonr City Administrator DATE: March 9, 1989 SUBJECTS Position Appointment - Promotion to Lieutenant Position /6 Attachment:A. Summary of Results - Lieutenant Selection Process ISSUE - Appointment of a replacement to the currently vacant Lieutenant's position, INTOODUCTIOW - The Chief of Police undertook a selection process this past fall for use in determining an appointee to the current vacancy existing in the Lleuteriant's position. The process was composed of several items including an in basket exercise, a group conference exercise, an oral interview, peer rankings done by the Patrol Officers and a candidate evaluation by the Chief of Police and myself. PISCOSSIO!! - The Chief from an organizational standpoint desires to continue this Lieutenant's position and will be presenting a proposal in the next month or two regarding the implementation of a third supervisory position. The Chief has looked at an alternative structure of one Chief supervising one Lieutenant supervising three supervisors who would supervise the shifts. This makes a rather lateral organization that doesn't take advantage of a flat organizational structure with better use of span of control. In addition it would not place the management on the shifts as persons who have full supervisory authority. In addition it would entail the appointment of an additional supervisor over what he currently anticipates in his proposal. The Chief anticipates all three supervisors would be utilized on the street and they would not be three individuals whose sole function would be in the office but would split the administrative duties on a rotating basis among themselves in addition to providing on the street supervision and emergency backup. It is expected that their on the street performance would be done so as an example of leadership in that position. ALTERNATIVES - 1. Appoint. 2. Amend and appoint. 3. Table for further discussion. RECOMMEWDATION - It is recommended that Nark Moran who is the top candidate from the selection process be appointed to the position of Lieutenant. Mark had distinguished himself as a superior performer who has gained excellent experience in a wide range of department activities most through his own initiative. In order for him to be compensated at a rate above the anticipated 1989 3rd year patrol (his present level) he should be placed at the 3rd step for Lieutenant during the probationary period. #• PROPOSED MOTION - Moved by , seconded by _, that Council appoint Nark Moran to the posTtion of Lieutenant at the third step for Level 10. A probationary appointment at this point in accordance with the Personnel Rules for periodic reviews by the Chief of Police and that he be subject to a successful completion of probation one year from the date of appointment effective March 1, 1989. Ayes _, Nays _. ccx Chief Kilbo City Council Janes Gcabekr Mayor DhTEz March 13, 1989 80BJBCT: Police Department: Position Appointment Because of the discussions that took place during our February 27, 1989 Council meeting concerning the Police Department and the selection process for a second lieutenant ’s position, I committed to analyze the situation and report back to the Council at the March 13, 1989 meeting. After thorough discussions with our City Administrator, Chief of Police, Police Lieutenant, all department heads and most of our CounciImembers, I have come to the following conclusions and recommendations: 1. The organizational structure proposed by the Chief of Police is one of many forma that could be incorporated to facilitate proper management and supervision. Even though the proposed form may be, in some cases, unpopular, I believe it is the Chief’s managerial responsibility to choose the one he believes is the most appropriate. The performance of the department will be the judge of his decision. 2. The selection process seemed to be logical and thorough and provided a means for the Chief to select an appropriately qualified lieutenant. I believe the details explanation of the process and feedback mechanism was too extensive. The individual aspects of the proces;' communicated the decision instead of the Chief. This has been corrected. 3. The question of low morale and the need for outside evaluation, I believe at this time need no additional action. Prom my discussions, I feel the appointment of an additional lieutenant, with the assistance of our Senior Lieutenant will provide additional supervision and an additional layer of supervisors to filter concerns and questions to the Chief. RECOMMENDATIONS 1. The City Administrator initiate a memo and personally address with each department head the policies and procedures established to address greivances and appeals for non-managerial situations. Also a discussion with Council would be appropriate to address the grievance procedures and how to manage such information. 2. The approval to appoint the second of three lieutenant positions should be voted on by the Council along with instruction to move quickly to fill the third lieutenant position. 3. Continued monitoring of the Police Department’s policies# procedures# management# and police officers performance should be emphasized by the City Administrator# Mayor and Council within normal managerial chain of command. 3889.3 n TO: Mayor euid City Council FBOM: Nark B. Bernhardsonr City Administrator DATBi March 8, 1989 80BJKT: MMCC Appointment Attachment: A. JoEllen Hurr Letter Dated 2/24/89 B. Metropolitan Council Notice Dated 3/7/89 ISSOE - Determine if Council desires to individually or colle*ctively endorse JoEllen Hurr for the postion. INTRODDCTION - At the last meeting JoEllen Hurr requested the Council's support for her reappointment to the Metropolitan Waste Control Commission (MWCC). The issue is whether Council wanted to do a collective endorsement. ALTERNATIVES 1. Direct staff to transmit an endorsement of JoEllen Hurr on behalf of the Council. 2. Choose to send individual letters. RECOMMENDATION - It is recommended that staff be directed to submit a letter of support for JoEllen Hurr's candidacy on behalf of the City. PROPOSED MOTION - Moved by _, seconded by that Council directs staff to submit a letter of support for JoEllen Hurr# on behalf of the City# for reappointment to the Metropolitan Waste Control Commission. Ayes _, Nays _. February 24.1989 i:|. ^/(T7»CM(\CVr A IL Dear I bive aemd four years as your representative on the Metropolitan Waste Control My area covers 68 cities and townships in the southwestern suburbs of Hennepin County. I hope you have received iny ooatnunications conoeminc projects and iteins of specific interest to our *'iMrorked hard to change the SAC charge In rural areas and also to clean up Lake Minnetonka. I am the only Republican on the MWCC and while sewers we non-partisan, it is important to have both political parties on a Commission that spends over 15*1 miUion doUars of the publics money. No other Republicans have appi.ed for the MWCC The legisiators from my district are 22 IR and 3 DPL. Governor Rudy Perpich has given his support to my reappointment to the MWCC 1 would appreciate a letter of support from you as soon as possible, it should be addressed to: Steve Keefe Metro Council 230 East Fifth Street St. Paul, MN 55101 If you have any questions, please call me at 471-9801. Thank you, Jo Ellen Hurr P5. I was out of town at a sludge meeting when the commission voted to hold the budget and I do live in a sewer district. metropolitan council Mears Ptirk CefUrt. 230 East Fifth Street. St March 7, 1989 Dear Local GovcmiDcnt Key Contact: Our Metropolitan Agencies Appolntnents Conmlttee will be holding four public ■eatings in April to hear stateaents from candidates and on behalf of candidates who wish to be appointed to the ■etropolitan agencies—the Metropolitan lihste Control CooBlsalon, the Regional Transit Board and the Metropolitan Parka and Open Space Conmisslon. The public and local elected officials are invited to attend and participate in the neetinga. Following the meetings, the oonmittee will suboit its recommendationa to the Council, which will appoint the agency laeBbers. In ■aking its recomendations, the committee will consider evidence of the candidate's ooamitment to regularly communicate on issues before the agency with Council members, legislators and local elected officials in the district. Currently thet*e are vacancies in four districts in each of the three metropolitan agencies. These vacancies are in the following districts: District E, Anoka County and the Hennepin County communities of Dayton, Champlin, Maple Grove and Plymouth; District F, Robbinsdale, Golden Valley, St. Louis Park, Edina, Riohi'ield and Bloomington; District G, suburban Hennepin County, Scott and Carver Counties, and the cities of Burnsville and Lakeville; and District H, Dakota County, Washington County south of Hwy. 36 and the Highland Park area of St. Paul. Each of the four public meetings will begin at 7 P»m.; their dates and locations are as follows: Dist. F Apr. 6 Edina City HaU 4801 W. 50th St. Edina, MN Dist. Q Apr. 12 Blaine City Hall 9150 Central Av. ME BUine, MH Dist. E Apr. 11 Chaska City Hall 1 City Hall Plaza Chaska, MM Dist. H Apr. 18 Metropolitan oouncil Chambers Hears Park Centre 230 E. Fifth St. St. Paul, HN I hope you will participate in this process and assist us in selecting the members of the metropolitan agencies. For more information or to receive applications for candidacy, call Sandi Lindstrom of the Council's staff at 291-6390. Sincerely,ifn'1;: ••l!| MAR-8 '9^9 .} Steve Keefe Chair Enclosure: Metropolitan Agencies District Map I ►••• • —— a MM* UlMIWUMMn 4 r«M444f la ■ • Mvt a tMUM* la wur«4 • \4 rw—l MMMrt ■ SShMIUM 14 UmSSEi >i 4 —t—a lauafaMJ ar^MnatMiaa a*«v :kOwP as 44?»mtat uwnu at MiUMMa niLt— at mm P*m —awi aaMsaaiMMa ai iMtiat atwiaa •a-twMM at at MaafatMtr County Boundary M— Municipal Boundary ------Township Boundary N CO -ou.»*c:c _____1 _____IS22I el t4044t *"«Batna« • •tail I— •€• I »a«4atoa wiaaaaa [] CASvjw CO cal«nI I »i*i4 r» I ai\f*N Jl».. * I r I ii-. fit, , ■ larctviiU •>Mt 0 WASMINaTON CO I aMiaikka .rpS Hntaaataa atitma OAHOTA CO I--------rHujaiaMt aa»»4a J aaaaifHU ^ lama vMLaa anawwf 1 t T 1 1 .aiO'*iaaa«ai.a l*»a.a| 1 1 >aaw4 fW *1 1 -J1 AAMSIV CO PaSITi•taSiTiiM I •tkta ai«M»t :..a.Qaaa ra«aa <aci<i.uc |*«t|a(oac I J ■ OINW: A am ■ Jut G Cm 0 AfSiur Cunnln^isM 1 ^MeCsnsn F MsrtiMihon a JollsnHuw H Brucs Bsuwswn Noir Tbs sighi dMrtdi on Mi IMP MI diMa M fOM: Oiflrtot A. 0MB V2: B 3-T. C Ad: B i-tO: I. M: F. 1M2: Q. 13-14; H. 1S-1B SopismOsf 1933 I ol MO Ceunei FuSNeMon No 3l0ar-040 TOs Mayor and City Council FBGHs Nark E. Berahardson, City Administrator DATES March 1, 1989 3189.4 COUNCM. i??En!l6 i*‘AP 13 ii:3 jITY 07 77 *•*7 SUBJECTS George Norling - Request Regarding Lord Fletchers Attachments A. Mr. Norllng's Letter Dated 2/21/89 Received 2/27/89 B. Tom Barrett's Opinion Regarding the Matter Dated 3/10/89 C. Map of Area ISSUES 1. Providing information to the Council regarding a pending land use issue in the City of Spring Park. 2. Providing information regarding legal rights the City of Orono has in the matter. 3. Determination by the Council of a response to the request made by Mr. Norling. INTRODUCTION - As noted in Attachment A, Mr. Nor ling has set forth some of the facts related to a pending land use matter in the City of Spring Park. At isso« is the potential rezoning of property that currently is zonec* idential. This property did have an old single family resi .ci*ce located on the property. Lord Fletchers purchased this property, removed the house in 1988 and graded out the area together with apparent tree removal and placing materials for a parking lot. The City of Spring Park indicated that they can not use this for a parking lot until the issue of rezoning had been determined by the Council. The Spring Park Planning Commission considered it at their February 8, 1989 meeting and voted to recommend denial. This had been originally scheduled for the Spring Park Council meeting of March 6th but at the request of the proponent has been delayed until their March 20, 1989 meeting. DISCUSSION “ Nr. Norling in his letter raises a number of issues regarding the parking use and more generally the increasing level of activities at Lord Fletchers. As noted in Attachment B a City can review and comment on the land use in another community when the abutting City has submitted a Comprehensive Plan Amendment request and the Metropolian Council has determined it to be a major amendment requiring the implementation of the Comprehensive Plan process. Apart from this the City of Orono has no legal standing in the matter with another City. The City of Spring Park is sovereign in the control of its land use matters apart from its 'Comprhensive Plan process. While the City of Orono could submit a position on the matter, this type of activity could be expected from other communities regarding land use in Orono. To date, apart from Comprehensive Plan issues there has been no comment from any other communities regarding land use in the City of Orono or Orono making comments on their land use in at least the last several years. POLICE ENFORCEMENT - The City's contract for police service with the City of Spring Park indicates that enforcement w’11 be at the same level as that performed in Orono. When it comes to zoning matters the City of Orono Police Department only gets involved to the extent that the department in charge of zoning requests their assistance. The City of Spring Park does their own zoning with being itilized only on a request basis. While problems may be generated by certain activities the City of Spring Park in 1986 specifically contracted for the number of personnel to be raised from 3 to 4 to handle any additional police business. The cost of this was borne entirely by the City of Spring Park. (Additionally it should be noted that to the extent that the tax base in Spring Park grows (and Lord Fletchers is a significant factor in their tax base) this could have a possible decreasing effect on Orono's costs provided there are no increases brought about by the total cost of the budget.) The issue of number of persons inside the building is one generally handled by the Fire Department and the Police Department will only become involved upon their request for assistance. The letter additionally raises the issue of a large assembly ordinance and its enforcement. The City of Spring Park does not have such an ordinance and these ordinances generally apply to events other than those that normally cover a commercial property. PARKING - As Mr. Norling outlines in his letter, one of the reasons that Lord Fletchers is looking at undertaking this project was to consolidate parking that has been a problem in the neighborhood. It is Hr. Norling's feeling that this will not do anything to alleviate the situation but only provide further parking spots for additional people at Lord Fletchers. It is our understanding, at this point, that the City of Spring Park will be expanding No Parking on streets in the vicinity of Lord Fletchers to help curb the problem and encourage persons to use the shuttle service to parking at the old Advance Machine lot. ALTERNATIVES 1. Indicate that the City is not in a position to take any formal action on the matter. 2. Councilmembers could transmit their opinions in letter form to the City of Spring Park. 3. Councilmembecs could individually express their opinions regarding this matter to members of the Spring Park Council. 4. Table for further discussion. RECOMMENDATION - It is recommended that the Council stay abreast o^ the matter in Spring Park but that not being in the position o. the persons making the decision and therefore having all the information and ramifications being their responsibility together with the fact that the City has no legal right to comment on the matter, that should individual CounciImembers choose to communicate their feelings regarding this matter to Councilmembers in Spring Park that they should do so, but not take a formal position in this matter unless and until such time as requested to do so in a review and comment as part of the Comprehensive Plan Amendment. cc: George Norling, 3800 Dickson Extension City of Spring Park hTmttiwecr / Village of Orono and it's Police Dept Orono# Mn. * 2/21/89 i- To the'mayor. Chief of Police, city council, planning com mission and administration. REf' Sprihg 'ParK rezoning effecting the Orono residents and / ‘•'‘property' owners. *'' - Dear Orono representatives and law enforcement We reside at 3800 Dickson Extension, Spring Park of Orono). mn. (Village In November of 1988 at 3781 Sunset Drive, Spring Park, Mn. (City of Spring Park) a contractor hired by Lord Fletchers of the Lake, demolished a house and garage, large Maple trees and top soil were stripped. A major excavation was performed to change the grade, lowering the elevation of almost the entire lot by approximatly 8 feet. Excavated material was loaded and hauled from site using large traxcavator and end dump type trucks. Driveway or parking lot base material (1" minus limestone) was installed. This production was the con struction of a new parking lot addition and a expansion of a already existing parking lot built in aproximatly 1980 to ac- coraidate Fletchers facilities. During this constrution my neighbors and I contacted the City of Spring Park administration. We asked that the construction be stopped and inquired about proper permits. We were informed that no additional permits were needed, other than a demolition permit, and despite improper zoning the city would allow cont inuation of construction. We were also informed an agreement of non use was made until the zoning is changed. This does not change the fact that a parking j.ot . es now exist on a residential zoned lot with only a demolition permit issued. Many Orono residents and property owners including myself aro subject to drastic property depreciation, along witli the effects of loss of privacy, increase in tresjpassing, littering, theft, traffic, after hours disturbance and the tampering of our environment, such as unfiltered water shed, run off into the wot lands and air polution. ; , 1 4.;. • , /(, 11 u . 11 i! ' ; • ‘ • Cont. At the February 8th Spring Park planning commission meeting ( refer to City of Spring Park, Spring Park, Mn. agenda public hearing and planning/park commission dated 2/3/1989 copy at tached and also previously sent to Orono city offices ) I asked the City of Spring Park representatives and Mr.Allan Bell ( Manager of Fletchers ) if an impact study of the effects from a parking lot on the neighborhood had been completed. The commission expressed that they had no intention and if a study was to be completed it would be up to Fletchers wt their cost. The question of capacity at Fletchers out doors as well as in doors needs to be taken into consideration, keeping in mind out side decking is also a structure, is there a large assem bly ordinance? Who determines and enforces? Is the large assem- blys on summer weekends dangerous? At whos expense will it be when the police protection has to be increased? These are just some of the questions that need to be answered. It is my understanding that Fletchers has been allowed to expand their facilities in the past and recently outside as well as inside to accomidate more customers. It is my opinion that parking and traffic problems should have been taken into con sideration long ago. The problem was created when Fletchers allowed their business activity to expand beyond the true cap acity of their facility at the expense of the neighborhood. They created the problem and their argument that a zone change enabling 15 more cars to park will alleviate problems asso ciated with customers parading back and forth to remote park ing lots, illegal parking and neighborhood nuisances is ridi culous. Fletchers could probably fill up 20 more acres of parking if it surrounded their establishment. The Spring Park planning commission voted down the proposal of rezoning and parking lot on 2/8/89, but on 3/6/1989 the City council votes. As per my phone conversation on 2/8/89 with Orono City ad ministrator, Mr. Mark Bernhartson, the city did not know if it was or was not in a position to help the many effected Orono residents and property owners.; I am not convinced that the city of Orono and its police department does not have 4* • position, right and obligation to help the peop^le of Orono* I , .. ■. . . I • *. • ' • We want to see residential zoning left alone. The people responsible for this illegal parking lot should replant and restore the land to insure privacy to the - neighborhood *. The i‘- operation of Fletchers should be clearly contained within the,- bounds of its present zoning. The. residents<r&hould ha^ve res.- idential neighborhood type atmosphere, especially for the children and strict police enforcement to protect^from Fletchers fall out. V . >:r, ' r C6nt. ■ ’ • ■* • . ; • • }•»■ ,. • * * ’ I ■ ' r' . ; ■ ■ : (3) Also take into concideration if we do not take time to weigh out the problem now there will be future expansion of Fletchers, costing all the tax payers of Orono. Please find attached some statements from people in the area who are concerned (Spring Park and Orono) and correspondence with the City of Spring Park. Wei will wait for your response de^gelA Penny Norling cc- Neighbors cc- Lindquist & Venum Attorney at Law cc- Hickock & Assoc,( on Minnehaha Creek water shed) cc- Fire Marshall Mr. Kovln Larson Hickock & Associates 2/21/09 RE: Proposed parking lot at 3701 Sunset Drive, Spring Park, Mn Rezoninej application to accomidate Fletchers o^ the Lake. Dear.Mr. Larson,' I We talked several times on the phone regarding the hard surface run off of a already existing parking lot at 3781 Sunset Drive. Tn my opinion was illegally Installed. Please find enclosed copies of letters sent to the City of Spring Park and Village of Orono, expressing my concerns as to environmental effects. We also do not have city viator and our supply is furnished by our own well. • ' ' S''‘ - ''"V ’ r would appreciate any out put that you may have in regards to the feasibility of safe run off and on the requirements you may have, such as, retention pond, rip rap filters, wear type baffle systems and erosion cont »jl. Thank You Ceorerc Norling cc- City of Orono. cc- City of Spring Park. cc- Lindquist and Venum, Attorneys at Law ». •> .• • ’ .. • r . r • 1 •». . 2/21/89 RE: Capacity limits of larqo assemblios at I'lctchccu of the Lake Mr. Jerry Pabbs Area Fire Marshall Dear Mr. Babbs. '’ • It is my understanding as per our conversation on 2/7/89 that you will inform me of the formula used to determine the outdoor public capacity as well as indoor normally '^ed on large ass emblies . As you know wo arc offcctod by the ridiculously large crowds of people tliat patroni/.o Fletchers on summer weekends. Please find enclosed epoies of letters sent to the city of Spring Park and Village of Orono e.xprossinq my concerns to possible dangerous situations. I await your response 5i4ci?rol George Norling cc- City of Spring Park. cc- Orono .ind it'.s pol.ic:e department. ccT. PinjcIquist, andj yc,pum Attorneys at Law. cc- Neighbors. (I M ' I •• . » i L. . ♦ ( . February 21,1989 city of Spring Park Spring Park, Mn. 55384 REt February 8, 1989 public hearing on rezoning 3781 Sunset Drive, Spring Park, Mn. to accomidate Lord Fletchers of the Lake, facilities. Dear Planning commission, counclT'Tnembers and administration. In my previous letter dated 2/3/89 I think the position I have taken is clear - we do not agree to any zone change and resent the already constructed parking lot that has been installed with a demolition permit only. As I have expressed at the 2/8/89 planning commission meeting will there be a impact study on the increasing effects of property depreciation, loss of privacy, increase in tresspassing, littering, theft, traffic, after hours disturbance and the tampering of our environment, such as noise polution, unfiltered water shed run off into the wet lands and air polution, if Fletchers is allowed future expansion. Are the large crowds at Fletchers on a summer weekend in violation of a large assembly ordinance? Who determines and enforces? Are they dangerous? The capacity should be , considered outside as well as inside keeping in mind outside decking is a structure. It is my understanding that Fletchers has been allowed to expand their facilities in the past and recently outside and inside to accomidate more customers. Why wasn't the parking problem taken into consideration long ago? As Mr. Keagie ex plains in his letter to you (11/29/88) the problem was created when Fletchers allowed their business activity to expand beyo » the true capacity of their facility at the expense of the neigh borhood. I also agree that they created the problem and argument that a zone change enabling 15 more cars to park will alleviate problems associated with customers parading back and forth to remote parking lot, illegal parking and neighborhood nuisances is ridiculous. Fletchers could probably fill up 20 acres of parking lot if it surrounded theU ;establishment. ' ' > ■ ' • ' '/ 'w ' jAt the 2/8/89 planning commission hearing Mr. Shavlik (chair person) tried to convince us that Fletchers are very successful and have been nice to work with. At that time he voted in favor of rezoning and said we shouldn* t,. knock success..-, Cont. •. i 1 •!; ■ h . • ( i. ii. 1 • In response to this T feni that Mr. Shavlik did not understaao that the people at the mcctinq and of the neighborhood do not have a problem with Fletchers success but are concerned with the disrespect to the community. Fletchers may successful but at our expense. The fact that Fletchers representatives are nice to vork with is admirable but there still remains pro* blems and questions unanswered. We thank the majority of the city planning commission for your realistic c‘c*ncidc?ration and voting NO to rezoning. We also want the people rosponsibln ft'r the installation of the illegal parking lot to replant and restore the land to insure privacy to the ncigttborhooci. The operation of Fletchers should be clearly contained within the bounds of it's present zoning. The residents should have a residential neighborhood type atmosphere especially for the children and strict police enforcement to protect from Fletchers fall out City council members should also vote NO for rezoning and face the already existing problems rather than letting them worsen by expansion of commercial zoning. Many people in the village of Orono are also effected by your doclsioni?. I h.ivo recently sent the Village of Orono a letter informing them of our c:oni*erns and recent happenings. Yours Truly George Penny Norllng. C oc- City of Orono and its Police Oept. • cc- Neighbors. cc* Lindquist and Venum Attorneys at Lav. cc- llickock and Assoc (Minneh.nha creek watershed) cc- Fire Marshall * ’ * 1^- '*'■ <•-. -t' • i-4 . . '.1/ . ; J ' ,■ V ). 1.. j' CITY OF SPRING PARK SPRING PARK, MINNESOTA • ‘ ■" AGENDA PUBLIC HEARING AND • * - PiANNlNG/PARK COMMISSION ' ' February. 8. 1989 1. CALL TO ORDER > > i ^ . 2. ROLL CALL * - OATH* OF-OFFICE .»"Shale Nyberg • . • .*U :i: ■ ert: ■ ; j- i ’s^ 3. ADOPT AGENDA .J . r ' I , ^ *•! !'.o * 4. OPEN PU8LIC HEARING «LuC>..; i;.ye:ii* Notice Mas published In the Laker Newspaper and notice was sent to the property owners within 350 feet. NOTICE OF PU8LIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Spring Park will hold a public hearing on Wednesday, February 8, 1989 at 7:30 p.m. at the City Hall, 4349 Warren Ave. on a rezoning proposal for the following described property: 3781 Sunset Drive PID 17-117-23-31-0007 The east 82 feet of lot 21, GUST S. JOHNSON'S ADDITION This hearing is pursuant.to an application submitted by William 0. Naegele to rezone the above property from R-1 to C-1 for the purpose of creating an additional parking lot to accummodate Lord Fletcher's of the Lake facilities. All comments, written and oral, will be heard at the above time and place. DISCUSSION & COMMENTS - Letter - Ron Keagle CLOSE PUBLIC HEARING OPEN REGULAR MEETING 5. PLANNING COMMISSION a) Recommendation - Re: Rezoning - 3781 Sunset Drive b) Re-draft of Nuisance Ordinance 6. PARK COMMISSION a) Gene Shavlik 7. MISCELLANEOUS Report or> Beautification CSAH 15 a) Minutes - January 11, 23 & 30th b) Appointments for 1989.m. 8. APPROVE MINUTES 9. ADJOURNMENT 'U wi.' ► 11 PERHIT NO, CITY OF SPRING PARK SPRING pap :', :4INWES0TA laaiOUTIOM PERMIT APPLICATION owc R yn^L/'A. A ^ V t c'DATE /< - ADDRESS 3.30/ CONTRACTOR ^^-cl v -2,^ ( C_>. Location of proposed daaolltlon: STREET ADDRESS - I ^ PUT TELEPHONE ^ TELEPHONE . .>*-* I PARCEL PIN \7^h7'i^^ x. ZONING Type of bolldlnd to be dtaoXiahad: .1 , '< Signatiira of Qwnar_ J] rLKp fjpK. M#ICCdtc. Sll^bt^issuad^^*"* ***^ *** dlBconnectad and Inapactad before poniuLi . SEWERWATER /vg UTIUTY SUPr*. NINNSGASCq OTHER - ? 1/7/NSP ' TlT^ building INSFECTOn I I yi »..*» ...J,. i I • •• _ ,4: I. 'r‘'* "*• P <• 1 ••■»r .*»•>» * • • / 1 - . , [ipH «.»-• .. . *1 —•• - / *. , i t lit.ms #tat« of ^linitrooto. County of ____.................................. CJ T V _______^of_^P*!M..?ARK_ Office of _..?i'JJd’ngJj!]5.pec lgr_ KBuilMud permit IN CONJIDERATION OF The mtetnents «nd repmentattoos nude by— _____B n .l_Qj J1g£fl&Ie. and . IdMA^.U-roruslfuitii-lon. ____________; hei|(ht in feet-------------- --------- -cubic feet; —------------- ™-iquire feet, upon that __________; pUt or addition )..? *11 _ in________appiiiation therefor duly filed in this office, which application is hereby made a part hereof, PERMISSION iS HEREBY GRANTED To uid............JLlll-.O^HaEgelfi -------------------------------------------------------------------------------------------“ DENOL1SH _ -__________• building described as follows: kind of construction,0 ----------- WOOD FRAP*- HOUSE__________________________L_____________________________________________ __- front or width in feet - ....................... —; side ot length in feet— numUr of stories ---------------- ; contents ------------------—------- tract of land described as follows: Lot ------------------Block — _ _ 3781 Sunset JDrive___________________________________________ w hich traa is of the sire and area specified in said application. Tliis permit <5 gran^d upon the express conditions that said owner and h_. contfia.*tv agents, workers and employees, shill comply in all respects w iih the ordinances of the -----------—..........— ofP*rk . ; that it does not cover the use of public property, such as suects, sidewalks, alleys, ere. for which special permits roust be secured; and that n does not cover the following: ------------------------------------------- -..................- -................ (Elmri.*! work. pliwbii«. hwina. pUMfin#. «e . if lutb dirf« bt ) for which spct ial permits mutt he secured. Given under the hand of the . ®'*!' " 9. •"^ ^ ........ of said-C Ujf 0 f. hg Pd cl and its corporate seal and attested by its .. U.?/!________ _____this—i.liL--------------day of_DtLilb£X_.— --------------——-19-AB— Arrest:___;.... ...... , ___I,..!.,. .....__ __ ,11^Jiil7jcLixg-lo&: I i Page 1 Ron Keagle 3629 Sunset Dr. Spring Park, MN 55384 l.i- •iiiitt . I . ’ .* , ■ ••'•I l.ii. ' Fet>ruary 27*. 1989, , , r '"f. ' »• '. . :i’: ■’ ri-. rv K ; i ii > oc Sprin^g s- « i . . 3 ring Park# MN 55384 ;■ .»• ■ . , h( • • 1 M ' f To the City Council# Planning Commission# and administration: !i > •Re- Lord Fletchers expansion vs. Neighborhood# *•. i ! ’ V ' i 1 ‘ . .5 ’ J * ^ ,and Planning Commission meeting of February 8. — ■ i r 1 i ^ • 1 , Gentlemen# The outpouring of sentiment xpressed at the meeting ind* .rates that Lord Fletchers already has an adverse impact on the surrounding neighborhood. Everyone agrees that a pcoblem exists# but actually there are two problems to consider; the one that already exists# and the additional one that will flow from your grafting them a zone change. An expanding Lord Fletchers has a negative impact on our property values and residential tranquility# whether by expanding their commercial site# or by overflowing their disturbance into our neighborhood. Either way it is bad for us. It is true that they need more parking. In fact they need about one hundred a-ddltional sp^c•~^ to accommodate their teeming patronage. And if their popularity keeps soaring they may need a hundred more * cwo years. Their business potential is limited onlj^ by their tacking capacity, and I’m sure that they would take all they .an get. At the moment, Mr. Bell wants to get fourteen more spaces jy having us believe that it will solve the problem that he bis already imposed upor. neighborhood. And at the same is completing a renovation and multiple additions that will substantially Increase the capacity of his complex. With this larger facility# he’ll reed still i^c^e parking space. This currently proposed increment of additional oi site parking will simply result in a somewhat larger and more obtrusive Lur‘i ♦ I'. • ' I ..Fletchers. It is ..nlikely to cause even a short tei'ii rr.ductioii in overflow, especially when considering the busin‘»«!s expanding e/fpcc of those new additions. Page 2 The bigger they get, the more it depresses surrounding property VI lues, and the easier it becomes for them to acquire stilJ ^re land, and request that it be re-zoned for their purpose. If you say yes this time, they will have the added advantage of that - *ecedent. I find it disturbing that some of those on the Planning Commission felt that the two basic problems that I have previously stated are unrelated; as if our'protests‘could be discounted as not being pertinent to the issue of re-zoning. I hope that before a final vote is taken, you all will see just how interrelated the two issues actually are. Mr. Bell himself has linked them by his ar viont that problem number two is a solution to problem number -'ne He says that he*s looking everywhere for a solution, but he refuses to look at the root of the issue, and that is his determination to increase his business. And this of course is directly opposed to our interests for all the easons that have been discussed. This proposed re-zoning is NOT a solution to the nuisance i'nanating from Lord Fletchers. It is merely disguised as such. Thank you for your thoughtful consideration of this matter. Sincerely, 1 » '* , ' '.n' . .'I* *: 1' • t ’ : <*’ii ■> - * • { " ' I ' • • j I. • r»'. »*i. ’»•■* •! • 111 i • ' .!• I * if '''ill" . ' 1 ■> '• I ini ■ I , . ’ • !'V i n •' r' I I > 1 - • r ; ' i r , *1 • /* ! ’ ;. jm,* •* i * ... -------------------------- /^1/i- ............ ................. i^JL: L^&<aJi^^ «J. ^'/f/j9id*t«t.AJ^ ^4Mi>o ^^Uj .^U^UcUi^ '-Z/t..&yrtJ ^~J.— (?“ / 4^ . ......„^.;------- 7/J<JL, a/UL, O^AdJt^^ 2^ ----- aJ u/ui' Jo^^tJ^rt^ _.. ----- \) rOlAfit/ify. ^‘Ci/Ad^ ^Utti^ioC <U>^.y.^^aLi ------- x^09TuJ&Ltie^?t4J .jd^tJ t^dCi/nc^ .x^*-UU^ .iutru^^........... ,jL^ .a/>4%tJ^ _________ <-^ ^ /<C<-^ *^.U^Ucu---- . •— ------ ... ^f'Kj/iyUdJ i.o»-»^ .<•<<*« ---- <>^ a^ a./%d.et*^ ...... ,jt^;^9.Jh^taA.r?7Jl/rt:6. . '.__________— u^ry\/>a.£:^ d^Ou .A><C?lLA^j4uai^., b^-^4i*S:^.O^cAijnio<lAL <,^(UU^ ^^UCOyUU ^ a-a^a^tJf.d4U^. a^aC /tjtjt^ '^JU^ . , . ............. ^f.-ir/^-9-n.dl/z^ <s*- /uj U^ ^ --------------- yfCuJ^^ u'jLoUcc X. */veJw6Acj/ .^-^^<'^i-^6^~j . i/UAy^ ij OJi ^yOuayt^ j'n^^^ .S:..\...—-------1 y:&a<i^n^'Ca^ oA^/U a^r^• (<yt a.£/^i/€^ ^ j..........— ^ -------1 • i^alSuyk) ^'TM £Aa'^fA£4^ jy^dlBflF-j. C^(TftU . ---------r A/Zdaiy ~C^U.j^ ^~A.^oa ^Sm4/„,— _:_i.’.ii_.^ Page 1 Ren Keagle 3829 Sunset Dr. Spring Park# MN.55384 , November 2^# 1988 City of Spring Park Spring Pari# NN.55384 To the City Council# Planning Comaiaeion# and Adminetrationi Rl- Illegal parking lot. Oentleeen # not convinced that Lord Fletcher*a deeolition permit granted ^them the right to re-grade their lot to auit any ehim# The permit certainly doea require re-grading aa neceaaary to prevent drainage problema and fill dangeroua holea. but doea not (X believe)^ grant permiaaion for unlimited grade changea to fulfill other purpoaea. In apite of improper zoning# vhat they have produced on their parcel ia obvioualy a parking lot conatructed under the pretext of poat demolition grading. They have gone ahead and inatalled their contemplated Improvement vithout any permit and against zoning. Their agreement not to use it aa a parking lot until it ia properly zoned ia beaide the point. • X reaide .loae to Lord Fletcher*a# and can aaaure you that their 0p^zation has become a conaiderable nuiaance vith their patrons endlessly parading back and forth.to their, remote parking. Assuming that Lord Fletcher*s is aware of this adverse impact# they will no doubt argue that a change in zoning to increase their on site parking will alleviate problema associated with remote parking. But to put thla matter into perspective# X would suggest that the problem waa created when they allowed their buaineaa activity to expand beyond the true capacity of their facility at the expense of the neighborhood. They created the problem# and I don't want to aee.,.^hem get awffy^wUh.tta*ng ,it aa ammunition for an argument to further burden ua with the effr»cta of expanding* their commercial zone. .li . • They could prolably fill up twenty more acres of parking lot if It surrounded their establishment, with this reality in mind. I'm quite distirbed at their seemingly heavy handed approach to the politics of this current expansion. I want to see their operation clearly contained within the bounds of its present zoning, and I'm deeply concerned as to vhat your position will 1e on this and future proposed expansion of it. I would appreciate no;ification of any public hearings or meetings regarding this matter. Thank you Sincerely Ion Keagl \ I I *- i 1 To ^ lom it aay concern (especially neighbors to Lord Fletchers Pest lurant)» Duri ig the nearly 10 years (10/76 to 8/86) that ve resided at 3/81 Sunaet Drive, Spring Park, Nn.» ve experienced nuMerotts probleoa vlth our ieeediate neighbors (Fletchers parking lot and restaurant). Wher ve first moved in ve vere haunted vith litter, mostly beet bottles in our yard. The vorst vas the noise from the parking lot especially early morning hours. People also packed in the front yard and behind our house. Spring of 1979 or 1980 Fletchers came to us about building a parking lot next to our house on a lot they had purchased* The lot had a small house and garage on it. Fletchers prom ised us a privacy fence and the lot vould be used for employee parking only. The parking lot vas put in but the problems voraened, instsad of improving as ve vere led to believe. The parking vas not restricted to employees only and the traffic vas in and out continually, mostly at high spesda causing a major dust problem. We could not allow our children to play in their ovn front yard because of this. In May of 1983 a voman vas brutally beaten in the parking lot next to our house, she vas heard screaming and ve had to call the police to help. Because of horn honking, many fights and noise ve vere forced to call the police repeat edly. Our attempt to paint the house vas even interrupted by an employee of Fletchers who sprayed rocks and dust at us vith his car which caused us more time and work. Nr, Alan Bell said he vould take care of the problem and then invited us over for a free Sunday brunch. We lived vith this for 1C years and sympathize with the neigh bors of Fletchers. Our excitement of our first home vas quickly destroyed soon after the parking lot vas built, our children vere deprived of a normal residential neighborhood atmosphere. We also hope that Fletchers is not'*'? alloved to expand their parking on to 3781 Sunset Drive at the sake of the neighborhood. Sincerely \ wifne & Jaciae Davis city of Spring Park Spring Park, NM February 8, 1909 Dear Council Membera, Even though X am not a resident of Spring Park, I do live within 4 blocks of Lord Fletchers Restaurant. Z am not In favor of granting re-zonlng the east 82 faet of lot 21 for additional parking facilities. My husband and I have been at Lord fletchers during the sommer months. On the weekend evenings It Is so crowded that there Is standing room only Inside and outside on the deck area. You are packed In shoulder to shoulder, there Is no room to sit or walk. The noise leavel Is un-barable, the rest rooms are Inadaqulte for the number of people. If you are to allow them to have additional parking^ tha building and grounds would not be large enough to accomodate the additional clientele. When Lord Fletchers has Special Events (brass bands • the coco hutter contest) we can hear them out side In our yard. X feel for any Immediate neighbors of the restaurant. X would not want to put up with the noise, traffic, and littering problem that generates from Lord Fletchers clientele. Sincerely, Karen Cuff 3572 Livingston Ave Orono, MN 55391 Ted & Nancy Ahcenh< Itz 3801 Sunset Drive Spring Park, MN 55:84 These are Ted and ny concerns: Decrease in property values. Continued encroachment by Lord Fletcher's, expanding parking lots further into the residential neighborhood. Increased noise from the proposed zoning change sight, traveling down the small roadway to our property line. Increased late night disturbances. Concerned with the sequence of events leading up to the zoning change proposal, first obtaining the property, stripping the trees, ar.d laying the gravel... before applying for a zoning change. Who woulc want to buy or lease property as a residence without any trees? Ideally, Lord Fletcher's, or the persons responsible for this should replant and restore the property, returning the land to its original value. We are concerned property owners and we encourage the council members to vote in the best interest of the residents of Spring Park, VOTE NO FOR THE ZONING CHANGE. February 1909Citj of Si»ring P«rk Spring Pork, Ulnnoooto B*: N«wlr «tm«tniet«d parking lot nt 3781 Bunoot Dr It. ond soning chongo* r Dos Sirn: Thlo lottor in to Infono yon that wo will not a«ry,to any nono ohangaa and raaant tha parkin* lot that haa boan In raoantly. Lard Platehor'a parkini lot haa baon a probla« for nany yoaro. Wo oppoao thlo aonln* chango aa wall ao tho parking lot. Wo nppraelato your taking tho aaighbor’a tIowo la eonaldaratloa. Thnnk jron. Slneoroly* (Morgo Ra Olnoa^ Juanita J» Gbaasoo 3760 Tag# Road Warsatf Mlnnooota 33391 w February 8, 1989Plar'^.lng CouieiioDCity ef Spring Park Spring Park, Minneaota Re] Reionlng prepeeal 3701 Sunaei DriTe PID 17-117-23 31 0007 The Beat 82 feet of Lot 21, Ouat S,Johnaen'a Ad4n» I an a reaidant of Oreno and Jay property abate thla property an the Beat aide. Thia abutting property haa already been all but «ade ralueleai and I au aura If the current parcel in queation ia reaoned it would put an end to any reeidential uae ef ny property. Very ainoorely yeura* W.lttr K. Jarl ^ 37tO Togo Road Wayiata, Uinneaota 33391 5 4 * I 3 V ►y r ' 4-; city of Spring Park Spring Park# Mn. 55304 REs Newly constructed parking lot at 3701 Sunset Driwe and zoning change. ^ Dear sieiwbers of the city council# planning commisaion and administration. . . ..j . I M . This letter is to inform you that we will noc ugree to any zone changes and resent the parking lot that is already con structed In front of our property. Lord Fletchers parking lot has been a problem for us In many ways such as# trespassing# noise# late night/early morning partying# theft, ect. Wo have resided at 3000 Dickson Extension, Spring Park# Mn. for approximately 12 years. Geor^ & Penny Norling p0.vMi(4.^ io~^ ' __— . pcy\ tXzf____ ffyoi- isx/-^ . ^-O \fisi)iy^ c.^'-rVii— ,C<J?V‘'*^ c\jL.j2Ajt.C.WL/t^^i ^ <U^X ^ o6iryji^> 1-e i •op**^ Kh>Sii^..,jOufncl^_____ .0^•-c<_ r?v4^ o4^Ue>.^^ _________________ , Ji. ci<Dv?t jftiojB'^. :6^K<?-<ti*jJ^ Uao<n«\. ___^____ ,,-^B^'^i, . a-£c^t-^^J ^hs VtC>- ^ /________________^___ 5ov->r^ O.'flOv^ Vioy { 1/1 (?^ ' ^ <^.\p^‘^~i Ql^..,.. . :^'A<>- ^Jrtstj&OiJ^iSjL .^iy... --------------------------------------- Hf ".-7----- \o^0vl-«v- C©a*e vr* IS c\ \ Sc . +iV? e o o^ ' *cl4'^/ \r«s^/fL.c:)ri:*or&>w. '______ ^ ^0w^vv^uv'i4y t hd>p^^,fcv ‘ 1^.bq^ , Sfoc^5\\ ao^c\\>AS^ 1^15 '/Wv\Aci(^>W)e^‘^ PoPHAM, Haik .Schnobrich & Kaufman .Ltd . MEMORANDUM BY MESSENGER TO: FROM: DATE: RE: Mark Bernhardson, City Administrator City of Orono Thomas J. March 10, 1989 ^ George Norling—Request Regarding Lord Fletchers _ _ ___ _ __ Mark, as we discussed earlier, I have receiv* Mr. Nor ling's Ic^tev. The City of Orono does not have authority to impose or enforce zoning regulations in the C-.ty of Spring Park. Although the City of Orono is free to express its concerns to the City of Spring Park, it is not free to direct the focuj of police enforcement of Spring Park's zoning code. ZSRP342 i&ii rr :',|v •• ■ • • V •■ .• ■ r'-: /IrrfOSM^enrr ^ I J | |l - [T---------- Co.R4No.Sr i^Tsr-rwT- J^Part of |.ot^Blocfc llTowi^tt ttt Uwgdoii Pwfc vijj^Qg OF SPItINO W 1 / ^ viCuice ofowono Oi! ... \.- • ' ^1 . !»• '^4 i— (i*)i y t T J fc: V *.* /) jf2j J MAR I 31989 li/ 5^3^3 uOjl. X^AJf'^T^i-^ CA_^Wi>X-^ ^ "fcJ^i^ ~t/U (_j^\o ^ t/CdZ 7t-^^--'<f--'ti^-'^;>*-^--'^«-'<-^^ C^i-<^ (Lt^ gi-fUy tLc'^ UL^l^<^ Co*^-<^ ,t.uSLU^. v^U. 4f>-^ (r^_^ U ^inLJU^ u^ ^ ^ ■ 'ck t-<j Ay-^ r ^1.0-n^l C\J ^<rfr3f/ Tei Mayor Grabek Orono Council Members Promt John R. Gerhardson,Public Works Director Detet March 9, 1989 Subjects Intersection Center Island Townline Road COUNCIL WFFTiniG '!Tv ftr staff has met with Mr. Joe Franks of Fullerton Properties, off Townline Road, regarding there proposed center island Intersection. We advised Mr. Franks that there were enough concerns for us to recommend denial. Mr. Franks requested more time to research our concerns. Recommendation - To table this application for a center island intersection for the Fullerton Properties, 880 Townllne Road, to the March 27, 1989 Council meeting. Proposed Motion -___Moved, 2nd, to table this application for a center island intersection for the FulJerton Properties, 880 Townllne Road, to the March 27, 1989 Council meeting. TO:Mayor Grabek and Council Members ▼ FROM:John R. Gerhardson, Public Works Director :i DATE:March 9, 1989 SUBJ:Public Hearing Date Year XV Community Development Block Grant Program COUNCIL j» •r' %•••“. Each year th^ City of Orono receives funds from the Community Development Block Grant Program. The funds are made available from HDD through Hennepin County Planning and Development, which administers the program. In the past, the funds have been used for park development, Dutch Elm disease tree removal, removal of architectural barriers at City buildings and polling places, housing rehabilitation, comprehensive planning studies, and sewer assessments, just to name a few. Last year the City designated the funds to three separate projects* Highway 12 Corridor Study, Housing Rehabilitation and the Westonka Intervention. One of the requirements for receiving the funds is to conduct a public hearing to obtain citizen input. Attached for your review is a draft Public Hearing Notice with suggested programs for year XV. I would appreciate any comments you may have regarding the proposed projects for year XV. Recommendation - To conduct a public hearing on April 10, 1989, at 7:00 p.m., to receive citizen input for designation of funds for year XV of the Community Development Block Grant Program. Proposed Notion ~ _ _ _ _ moved, _ _ _ _ _ _ seconded, to desigxT^ AprTjTlO, T989, 7:00 p.m. to conduct a public hearing to determine the use of Block Grant funds for year year XV. NO'iICE OF PUBLIC HEARING YEAR XV (1989) URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM OronoNotic* Is hsrsby glvsn thmc ths city of - - ---- - - - - - - - - - - - - - cooporaclon with Honnspin County, pursuant to Title I of tho Housing and CooBHunity Davalopmant Act of 1974, m wndad. is holding^a^public hearing on^ the Orono Coxinci.1 Chambers - 1275 Brown Road South_ _ _ _ _ _ _ _ The public hearing is on the housing and coanunlty development needs of the city and Urban Hennepin County. Che Urban Hennepin county Comunicy Develop ment Block Grant Program Statement of Objectives, and the proposed use of the Year XV Urban Hennepin County Community Development Block Grant Program Planning Allocation of S 23,976 by the city. The Statement of Objectives consists of seven program areas, basically: (1) Administration, to maximize program benefit and effectively administer program funds; (2) Housing, to rehabilitate and assist In the development of housing which la affordable to low- and moderate-Income households; (3) Neighborhood Revitalization, to maintain and preserve viable neighborhoods through concen trated community development activities; (4) Public Facilities, to improve existing and assist in the development of new public facilities which benefit low- and OKMierate-income persona; (5) Economic Development, to provide financial assistance to businesses which will provide or retain employment to the benefit of low- and moderate-income persons; (6) Public Services, to expand and improve the quantity and quality of public services available to low- and moderate-income persons; and (7) ResK»val of Architectural Barriers, to remove material and architectural barriers which restrict the mobility and accessibility of elderly or handicapped persons. The city of Orono Is proposing to undertake the following activities with Year XV Urban Hennepin County CDBG funds starting about July 1. 1989: Activity Budget Rehabilitation of Private Prop, 8,500 Hwy 12 Corridor Study $ 14,476 8 1,000Westonka Intervention For additional Information on the proposed activities, level of funding, program objectives and performance, contact the city of Orono or the Hennepin County Office of Planning and Development at 348-6418. The public hearing Is being held pursuant of MS 471.59. Mayor Grabek & Orono Council Members City Administrator Mark Bernhardson 3289.IHD COUNCIL MEETING Michael P. Gaffront Asst Planning 6 Zoning Administrator ^1 ) March 2, 1989 CITY OF ProBi Datex Subjects 1989 Joint Use Dock Licenses Attached are applications and proposed resolutions for 1989 Joint Use Dock Licenses for the following organizations: Poxhill Homeoiimers* Association Navarre Cover Homeowners' Association Rhode/Enlow/Linda1 Sandy Beach Shores Walters Port Homeowners' Association Minnetonka Power Squadron Victoria Estates Homeo«mers' Association Forest Arms Country Club Addition Homeowners' Association All of the applications indicate no changes from previous numbers of slips approved. There have been no complaints filed regarding any of the Joint Use Docks in use. The only change in dock configurations from previous years is for Sandy Beach Shoresr which is consolidating two docks into one within the allowed dock use area. This should have no effect on neighboring lakeshore property owners. Staff recommencis approval of the eight 1989 Joint Use Dock Licenses per the attached resolutions. PROPOSED NOTIONt Moved by , seconded by _ , to approve Joint Use Dock Licenses for the 1989 license year for: Foxhlll Homeowners' Association# Navarre Cover Homeowners' Association# Rhode/Enlow/Lindal# Sandy Beach Shores# Halters Port Homeowners' Association# Minnetonka Power Squadron# Victoria Estates Homeowners' Association# and Forest Arms Country Club Addition Homeowners' Association per the resolutions drafted by staff. Ayes _ _, nays _ _. FOR THB RBSOLUTZOa DIRBCnilG STAFF TO IS80B A JOIHT 08B DOCK LICKJ8S TO FOXHILL HGMEONHSRS ASSOCIATIOW SUBJECT TO CONDITIONS NOTED HEREIN PERIOD OF JANUARY 1, 1989 TO DECEMBER 31,1989 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutesr State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other nembers of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rightc of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Page 1 of 2 Thi* mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHBRBASf Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHXUA8, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more familiesr which regulations include the annual licensing of Joint Ose Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHBRSAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, HOW, THBRBFORB, BB IT RBSOLVBD, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 13th Jay of March, 1989. James R. Grabek, Mayor ATTEST; Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) sa. COUNTY OF HENNEPIN ) The foregoing instrument %na acknowledged before me on this 13th day of March, 1989, by James R. Grabek & Dorothy M. Hallin, Mayor ft 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 2 of 2 CITY OP ORONO EXHIBIT A RBSOLOnOR HO. __ COWDITIOH8 OF 18SOAHCB FOR ANNUAL JOINT USB DOCK LICENSE I. LICENSEES Foxhill Homeowners Association Dock Address! 1801 Shoreline Drive Agents Wayne Gustafson Address s 1000 Heritage Lane# Wayzata# MN 55391 Licensee iss unincorporated homeowner's group idi! incorporated homeowner's association unincorporated club or recreation group _ _ _ _ incorporated club or recreation group other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _— II. License Period - January 1, 1989 to December 31« 1989 BOAT DENSITY The number of in-place boat slips^ lifts and buoys shall not exceed the number shown on the attached plan# Exhibit Br and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plans Bay Smith' s Transient (Day use c«ily> Slips Permanent Moorage Slips Boat Lifts Sub-Totals Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Exhibit A RMolution No. Pag* 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5,42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by^the City. 1. The maximum number of slips or moorings to be licensed in the future shall not exceed 16 provided that for any given year, the license shall be issued for no more than 1 boat per residence in the Poxhill Subdivision according to the findings set forth in the Resolution 1042 adopted by the City Council of the City of Orono on the 12th day of June, 1979. 2. Winter storage of dock parts and sections shall be permitted on Out lot #1 between the time the dock is removed from the lake in the fall and June 1st of the following year. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. •* 9 zxn OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19 (association) FOX^ill HOMEOWN£RSr“AS&eciATION ANNUAL JOINT USE DOCK LICENSE ^PLICATION Pursuant to brono Municipal Code Section5.42 Date Form Sent by^City Staff January 20, 1989 ■•lynSCE jFrlCB Ol J£,v CASH TL Date Application Returned to City _ _ _ _ _ _ _ _ Fee Recived $ _ _ _ _ _ _ _ _ _ By Emplovee^Bg^ ':0U 02:15 Section 5.42 Subdivision 2. LICENSE REQUIRED - It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in...joint use (of any laJceshore property) without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY FEBRUARY 1 OF THE LICENSE YEAR. ASSOCIATION INFORMATION 1. Association title or name (if any) /} 2. La)ce r^/y^L/A/j^_ _ _ _ _ _Bay 3. Person responsible for this application: Name/^y^»7g^/!^ ^c^<779 ‘^'E0A/ _ _Phone ^3^2 3 Mailing AddressZjLy . ^779 Relationship to association /y1 Page 1 of 5 1^. Association Is (check ap2«llcsble Iteics): unlncori'-cratcd homeovner's group, incorporated Hca»ovner*8 Association, unincorporated cltib or recreation group. Incorporated club or xecreation group. 5« Principal purpose of Joint use dock la (cheek applicable items): provide boat nooring and lake aeeass for residential property. __ provide svlanning access, beach, or offshore dock. provide a club-or association gathering place for activities. 6. Dock is located on (check applicable item): one member's private property. X easement or oxitlot ovned in common. ___property leased by the gxoup/assoelatlon. property ovned by the group/association. 7. List Dock location and ovnershlp information: street cddresa f^Qt ^Oi^ /? legal property description PXO » listed property ovner(s) 8. Names of abutting lakeshore property owners: (North/West) /)/IC.IG (Name Address) (South/EaSt (/// </rr^./y /T^C (Name Address) Names of other affected property owners: (N^[dress) (attach sheet if necessary) 2 of 5 lLS’-rr.;'ce Ccverire - Tiie Jointly usei dock is insured by one of tne f*cllovln«: ___property evner’s hon!ecvner*8 policy. peporate group/ossocietion ovned policy, list the folloving inl'onBation: ina\ired FoiHiLL /-CS A6^CC/name of name of inaiirance carrier Fr.QTT^ DAi ^ !A/^. F.c' name of insurance agency < - Fc . policy no. 6^L^Q771^F_ _ _ _ _ _effective date of coverage J^/ amount of coverage; Public liability, per person, per occurence $ Public liability, per occurence t FCOfQCQ Security and policing of the Jointly used dock and property is provided by (check applicable items): __ fencing, security lighting, property ovner*a presence. ____ contract security service, other (specify) DOOC IHFORHATIOH 11. List Dock Use Area Sx^eclficatiuns: Width of shoreline; '2^7. ft. Length of main dock from shore; /4^ ft. Dock setbacks from side property lines at shore; 20 ft- and 2 Q ft. 12* Dock Conatruetlon (cheek applicable items): (X. seasonal dock (relocated or replaced each year). permanent piling vlth seasonal deck. permanent piling and decking. •wooden decking. metal decking. 13. List Dock Accessories: Humber of fire extinguishers a-valleble at the dock CtJi^ C// ^PiC/4 DOP-T" Number of life preservers available at the dock _ _ _ Qa/ _ _ _ _ _ _ _ 14. List number of slips in each category ("slips'* includes boat lifts): Transient (day use on.ly) slips . Transient (day use) off-shore buoys Permanent moorage slips /.?_ _ _ Dry storage (rack) slips _ _ _ _ _ _ _ Permanent moorage off-shore buoys . Kaximum munber of boats at the dock 13 15* Li&t number of off-street parking spaces available for users of the Joint use - dock. Perlcing, if provided must not be separated from the dock by any public road. spaces. 3 of 5 ERDSIOr? Aro SEDIMSNTATIOH CCCTHOL 16. Siior«llne is protected by (check spplicable iteins): stone rip rep. _ _vood seavall. _ _metal seawall. _ _concrete seawall. grass and vegetation only, other (specify) —_ 17. Depth of water at shoreline Is ft; at 50 ft. out Is at 100 ft. out la / REQDZRED ATTACHMENTS The following must accompany this application: A. DOaC PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout 1 dimensions of all docks, slips and buoys. If off-street parking, dry stora*;^ or other on-land functions are intended, these also should be sho«m on the plan. B.DNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. e A certified copy of the by-la%rs or agreement for joint use. Note: This2. copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in Q ^ (state year) and on file with the City." C{T^^ICH] Cf/^. ^ Applicant * s initials C. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. A statement as to the total number of members in the club or association. jcj members. 3. A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in 7^7^ (state year) and oh file with the City." Applicant's initials Page 4 of 5 D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application fee according to the current City Fee Schedule. RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip* lift, dry stack, or buoy slips 0 $2.00 each TOTAL DUE THIS APPLICATION 20.00 LATE FEB - Renewals Applications for renewal of licenses shall be made no later than February 1 of the license year. The City shall not accept renewal license applications received aft^ February 1 unless the applicatio_n is accompanied by a late fee of $25.00. REVIEW PROCEDURE 'when . conpl.te application is received, the application will be j^eviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant * hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. S icried 4^^ Date ^ Page 5 cf 5 4 f I I , I T I 6e^< I r I 1 Bisrr2.Le^ 17^ it>_I 5 a/</2>c«L ~1 I PH2B- rn-V-TT~T 5cy•« I r jA/<>Usr j I r I ~A Fok4m-c. Doct: 12^ FOR THB RBSOliOTIOa D1RBCT1M6 STAFF TO IS80B A JOm USB DOCK LICBHSB TO BAVARRB COVE BCMBGMBBRS ASSOCIATION 8DBJBCT TO COBDITIOIIS KOTBD HBRBIB PERIOD OF JAVDART Ir 1989 TO DBCBMBBR 31«1989 _ _ _ _the City of Orono, hereinafter "City** is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the Cityi and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesotaj and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, ®1^ which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare? and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial Biarinas or residential owners? WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common wltn all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Page 1 of 2 This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lalce such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and imSRBAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WBBRBAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when facilities are used and maintained by three or more families# which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and 1ISBRU8# the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an an. ual Joint Use Dock License described on Exhibit A attached# ■OW# TBBRBPORB, BB IT RBSOLVBD# that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 13th day of March, 1989. James R. Grabek# Mayor ATTEST; Dorothy M. Hallin# City Clerk STATE OF MINNESOTA ) ) SS. COUNTY OP HENNEPIN ) , ^ ^ wThe foregoing instrument was acknowledged before me on this 13th day of March# 1989, by Jamec R. Grabek & Dorothy M. Rallln# Mayor 8 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 2 of 2 CITY or 0R0«0 EXHIBIT A RBSOLUnOH HO. _ CONDITIONS OF ISSOAMCE FOR ANHOAL JOINT OSH DOCK LICENSE I. LICBNSEEs Navarre Cove Homeowners Association Dock Address: 2505 Kelly ^enue Agent: Tom Dahl ddressi 2499 Kelly Avenue, Excelsior, MN 55331 Licensee is:unincorporated homeowner’s group XX incorporated homeowner’s association unincorporated club or recreation group - - incorporated club or recreation group other _ _ _ _ _ -— - - - License Period - January 1, 1989 to December 31, 1989 II. BOAT DENSITY o"r\^Trt:rUr\ license. Authorized Boat Density per attached plan: Bay ______^arman^_^^^^^^_ Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY same Exhibit A Resolution No., Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. "NONE" V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. .’V f. • ^ • 1 f« V 0R080 Eo asvmL'^ • • • • eis 43 m i m mm . ^ ^ *1^ 13/41 SwaS: .‘T 8 . ;98^ ‘P^ fZersoi. .V®------------ P&*. A^ITA /e j#H r ^7< '■ /4f/^-' /♦*t- ' /♦«- ' 1907-C>\ •* r OF ORONO P.O. BOX 66 CRYSTAL BAY, I 473-7357 r;N i '!I@S0V7'LICENSE YEAR 19 553:I JN30l9e9 :l^ 1 1 fagaoeiation) NAVARRE COVE HdMEO^Efe ASSOCIATION ANNUAL JOINT DSE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code section 5.42 Date Form Sent by-* City sfcaff January 20, 19^ / -Z? -iPfDate Application Returned to City_ Fee Recived 5 _ _ _ _ _ _ _ _— Employee:iia^ :-F vx ^i.v -jrr*' _ _ _ _ ■“ .'•* - _ J ' r / 'I-' .1. • - »" # IlfS/S.‘ \JV* w sectioii 5.42 Subdivision 2. LICENSE REQOIRED - It is unlawful for any l^oip oMssIciation of persons or more than two^ nu^.r, whether incorporated or not) to engage or Participate in...joint use (of any lakeshore property) without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICMIOH, KQOIRED ATTACHMENT? ‘'’D LICENSE APPLICATION FEE TO THE CITY CLERK BY FEBRUARY ’ HE LICENSE YEAR. ASSOCIATION INFORMATION 1. Association title or name (if any)- 2. T..V. _ _ _ _ _ _ _Bay - - - - - - - - - - - - - - 3. Person responsible for this application: ^ ,ho„. ^7/-aFfgNameM4H- Relationship to .«.nf?<.tion . Mailing Address^ Page 1 of 5 5- AsioclBtlon Is (check applicsble Itenrs): ___uaincori ’crotcd hoineovner's group. incorpoPBted Homeovner's Association. ^ _unincorporated club or recreation group. _incorporated club or recreation group. Principal purpoae of Joint use dock is (check applicable iteas); ^ provide boat mooring and lake acceas for residential property. _provide aviaming aceeaa, beach| or offshore dock. provide a club-cr association gathering place for activities. Dock is located on (check applicable item): one member*a private property. eaaesBnt or outlet ovned in common. _property leased by the group/association. property ovned by the group/aaaociation. List Dock location and ovnershlp information: PiD # 'OOV'y ^ Ht.4 P*op.rty ovn,r(.) ^ 6. 7. street address 8. Mnmes of abutting lakeshore property 0>^ers: (North/We St) (South/East) ig lakeshore property orders: / . ^ /• 232,/ ~ (Name + Address)/V STST/ Ar: (Nam* * Addre.s) Nanas of other affected property owners: ^ j ~ ^,A/y- _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _^, (Nana -f'Adtiress) (attach sheet If necessary) 2 of 5 Ir.s\;rr.;'ce Ccver?£e - The Jointly usei docit is insured "by one cf the fcl^ovln»i: ^property ovner's homec*wner's policy, neparate group/associetion ovned policy, list the follovins inl’onsation: yy ) ^ . Abtimf 7^ name of insured __________ sans of insoirance carrier . Tumw of insurance agency TDolicy no. 03 7^^fi^^^ective date of coverage ______ ancunt of coverage; Public liability, per person, per occurence $ A <sso ^• Public liability, ter occurence Security and policing of the Jointly used dock and property Is provided by (check applicable itecs): _ _fencing. _ _security lighting. A^property ovner's presence. contract security service, other (speclfjO DOCK mPORMATIoy 11. List Dock Use Area Specifications: Width of shoreline;ft. Length of main dock fxora shore; Dock setbacks from side property lines at shore; 12. Dock Construction (cheek applicable items): _ _ seasonal dock (relocated or replaced each year). _ _permanent piling with aeascnal deck. permanent piling and decking. _ _wooden decking. _ _metal decking. 13, List Dock Accessories: Number of fire extinguishers availeble at the dock Number of 3 fe preservers available at the dock 2^ 14. List ouBiber of slips In each category (’’slips" includes boat lifts): Transient (day use only) s3J.ps ^ . Transient(da^' use) off-shore buoys Pemanent ooorage slips _ Permanent mooraffe off-shore buoys Dry storage (rack) slips CP Permanent moorage off-shore b\ioys _ Maximum number of boats at the dock s 15. List number of off-street parking spaces available for users of the Joint use dock. Pari^ng, if provided must not be separated from the dock by any public road. spaces. 3 of 5 11 SROSIOa AND SEDIfOTATIOH CCfCTOL 16, Siiorallne is protected by {check ar-pll cable Iteaa); stone rip rap. vood seawall. ___metal seawall. ^ grass and vegetation only, other (specify) __ 17. Depth of water at shoreline is ^ ft; at 50 ft. oxit Is at 100 ft. out la ,?Q. ^ concrete seawall. REgqZSEO ATTACHMENTS The following must accompany this application: A. DOCK PLAN “ ALL APPLICATIONS A dock plan, dra%m to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shoim on the plan. B.ONINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. A certified copy of the by-la%#s or agreement for joint use. Note: This2. copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock to be operated under the same by-laws or agreement originally made in /yfO ita year) and on file with the City." Applicant's initials C. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. A s^tement as to the total number of members in the cl*ib or association. ^ members. 3. A certified copy of the articles of incorporation and by-1 »s of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articlM of incorporation and/or by-laws as originally made or last amended in (state year) and bn file with the Applicant's initials Page 4 of 5 ^ • • ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Uso Dock License Application fee according to the current City Fee Schedule. RENENAL JOINT USE FEE, pr« PLUS SLIP FEE for each moorage slip, lift or buoy sll TOTAL DUE THIS APPLICATIO’ • year •anent - 'ck, 0 each 20.00 LATE FEE - Renewals Applications for renewal of licenses shall be made no later than February 1 of the license year. The City shall not accept renewal license applications received after February 1 unless the application is accompanied by a late fee of $25.001 REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant * hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter ipon the property at any reasonable time to perform safety and cc^e compliance inspections. Signed Date Page 5 of 5 * »•* s. yo‘ ^^ • *• »• « /4/»-4 f4ff ^O ifiZ - RBSOUinOH DlRBCnVG STAFF TO I8S0B A JOimr USB DOCK LICBH8B TO TBB OWKRS OF PROPBRTT LOCATD AT 3155 VOKTH SBOBB DKIVB, 3185 BOKTH SBORB DIUVB, AMD 1406 BOBM*S POINT ROAD SUBJECT TO COBDITXORS NOTBD HBRBIB FOR TBB PERIOD OF JABUARY 1, 1989 TO DBCBNBBR 31, 1989 WBERBAS, the City of Orono, hereinafter "City” is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to t^he extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each rip.^rian owner. Page 1 of 2 This mutual right of anjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHBRBASv Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHBJIXA8, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and mnnSAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, ■on, THSRBPORB, BB IT RBSOLVBD, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Oronc at their meeting on the 13th day of March, 1989. James R. Grabek, Mayor ATTEST* Dorothy M. Hallin, City Clerk STATE OP MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 13th day of March, 1989, by James R. Grabek ( Dorothy M. Hallin, Mayor 8 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 2 of 2 CITT OF OROWO EXHIBIT A RBSOLDTIOH HO. CONDITIONS OF ISSDAHCE FOR ANNUAL JOINT USE DOCK LICENSE I.LICENSEE: Property owners of 3155 North Shore Drive, 3185 North Shore Drive and 1406 Bohn's Point Road Dock Address: 3155 North Shore Drive Agent: Jack F. Rhode Address: 3155 North Shore Drive, Nayzata, NN 55391 Licensee is: XX unincorporated homeowner's group incorporated homeowner's association unincorporated club or recreation group incorporated club or recreation group other License Period - January 1, 1989 to December 31, 1989 II. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Crystal Transient (Day use only) Slips 0 Permanent Moorage Slips 3 Boat Lifts 0 Sub-Total: Slips at Dock 3 Offshore Buoys Q Maximum Boats in Water 3 Maximum Boats per prior license MAXIMUM BOAT DENSITY Exhibit A Resolution No. Page 2 Exceeding this maxlnum boat density# or exceeding the number of permitted slips# lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorised by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. This license is granted subject to the findings and conditions set forth in Resolution #1212 of the City Council# summarized as follows: a) The three properties to which this Joint Use Dock License is granted are described as follows: 1. (P.I.D. #09-117-23 33 0001) "That part of Gov't Lot 1 lying East of the West 442.93 feet thereof and North of the South 1058.3 feet thereof and South of Registered Land Survey No. 269" (3155 North Shore Drive) ii. (P.I.D. #09-117-23 33 0015) "Tract 1 and the West 28.5 feet of Tract H# Registered Land Survey No. 269" (1406 Bohn's Point Road) lii. (P.I.D. #09-117-23 33 0016) "Tract G and that part of Tract H lying East of the West 28.5 feet thereof# Registered Land Survey No. 269" (3*?5 North Shore Drive) b) There shall be only one dock allowed on the Rhode lot (P.I.D. 09-117-23 33 0001) which dock shall be no greater than 100 feet in length# and which dock must be constructed in accordance with all applicable City and LMCD ordinances# and which dock is intended to serve only the owners and their successors of the 3 properties described in a) above. c) On the Rhode lot (P.I.D. 09-117-23 33 0001) either attached to the dock# moored in front of the lot or located on the lot# there may not be at any time more than three watercraft# as defined by the LMCD# either docked# moored# or stored. Exhibit A Resolution No. Page 3 d) The three watercraft allowed nay be owned only by the owners of the properties decribed in a) above. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Mirnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities •^11 deem necessary from time to time in the public interest. S fSjS^cU> /1S6» ' 3 s*->«»s /98~? ' 3. nss'B / CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19 SR (association) JACg F. RHODE ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Coda Section 5.42 Data Fora Sant by^City Staff Data Application Returned to Citv _ _ _ _ _ _ Fee Racivad $ _ _ _ _ _ _ _ _ _ By Employee^f^^X Section 5.42 Subdivision 2. LICENSE ^QUIRED - It is unlawful for any (gz. :p or association of parsons or families, more than two in number, whether incorporated or not) to engage or participate in. •. jeijitr use,^ (of any laJceshore property) without first having obtained a llicaneeL'.'!.- therefor from the City. . .1’:“!?^^'' . i - • •• »i 1 - - . - - .f * w \ V PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, -REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY .CLERX“BY.,. '* - FEBRUARY 1 OF THE LICENSE YEAR. "" -fw "c'* 02.-: ^ ASSOCIATION INFORMATION 1. Association title or name (if any) 2. Lake _ _ _ _Bay 3. Person responsible for this application: Name J3 ' Mailing Address Relationship to association 77j^ Page 1 of 5 k. Association is (cheek apiflieable Itess}: Y uaincori^rated hoineoiiner*s group, incorporated Eomeovner's Association, unincorporated eliib or recreation group. _incorporated club or recreation group. 5. Principal purpose of Joint use dock is (check applicable items): V provide boat oDoring and lake access for residential property, provide svinming access, beach, or offshore dock. _provide a club-or association gathering place for activities. 6. Dock is located on (check applicable item): w«a^«r*s private property. eaaesMnt or outlot ovned in common. _property leased by the group/association. property ovned by the group/association. 7. List Dock location and ovnership information: itpeet eaar«t« T/STJfyj:rs9/ legal property description_ _ _ piD ♦ Z3 SS 0^0/ listed property ovcer(s) 8. Names of abutting lakeshore proparty owners: ^ (Name + Address) S/*cm' vj- -^ I (Name ^ Address) Names of other affected property owners: (Name Addressk(Name + Address) (attach sheet if necassary) 77A^>^^ 0^ A/20*€ZT:/ 2 of 5 9 . 0^ 13 Irsurr.rce Ccver^je - Tiie Jointly usei docic is insured cy one of ths fcllovin^j: ___property cvner's hOT«ecvner*s rolicy. ___ separate group/association ovned policy. list the folloving inl'onsatian: name of Insured name of insurance carrier ^ ^ aaae of Insurance agency y C policy DO. ^^7 effective date of coverage aacunt of coverage; Public liability, per person, per occurence $ 3OCf, (chedc eppllcable Itess): rovlded by fencing. _security lighting. Y property oveer's presence. contract security service, other (8pecifi^^ DOCK IHFORHATIOy 11. List Dock Use Area Specifications: Width of shoreline; /30 ft. Length of aaia docic fron shore; ft. Dock setbecke from side property lines at shore; ft. and ft. 12. Dock usTiStructlon (cheek applicable items Y seasc :al dock (relocated or replaced each year). _permanent piling vlth aeescnel deck. _ _permanent piling and decking. Y vDoden decking. metal decking. 13. List Dock Accessories: Utanber of fire extinguishers available at the dock ^7________________________ number of life preservers available at the dock 14* List number of slips in each category ("slips” Includes boat lifts): Transiant (day use only) slips . Transient(ds; use) off-shore btioys Fexnanent moorage slips ^ Pemanant moorage off-shore buoys Dry storage (rack) slips ________Maximum number of boats st the dock 15 • List number of off-street parking spaces available for users of the Joint use - dock. Paricing, if provided must not be separated from the dock by any public ^ spaces . 3 of 5 S»SIO?? Arm SZDIMrnTATIOH CC??rHOL 16. Siorallne is protected by (check aipli cable iteaa): y stone rip rap. ___'wood seaval'.. ___seawall. _________concrete seawall. y grass and vegetation only, other (specify) — .4. 4 *7^ .17. Depth of water at shoreline is ^ ft; at 50 « -a-» at 100 ft. out is ? . KEQUZSED ATTACHMENTS The following must accompany this application: A. DOCK PLAN •» ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. ■. ONINCOyOHyED cyops or as^ia«ohs ’l! A^^^py^Se naneranTiiaUin^ddresaes of_all members and/or slip users,. A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-la%« or agreement ^iginally made in (state year) and on file with the City." Ay^ 2. Applicant's initials C.IMCOHPORATEP CLUBS OR ASSOCIATIONS J///1 1. A Ust of the names, mailing addresses and titles of all corporation officers- A statement as to the total number of members in the club or association.2. 3. members. A certified copy of the articles of incorporation and by-laws of the corporation, Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in (state year) and oh file with the City." _ _ _ _ _ _ Applicant's initials Page 4 of 5 D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Us« Dock License Application fee according to the current City Fee Schedule. RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy J? slips % $2.00 each TOTAL DUE THIS APPLICATION 20.00 LATE FEE - Renewals Applications for renewal of licenses shall be made no later than February 1 of the license year. The City shall not accept renewal license applications received after February 1 unless the application is accompanied by a late fee of $25.00. REVIEW PROCEDURE * • When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Pl^mning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant * hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. S ianed<^Date Page 5 of 5 RBSOLOnOK DIRBCmK STAFF TO IS80B A JOIMT G8S DOCK LICBN8B TO SAHDT BBACH FLAGS 8UBJBCT TO COMDITIOHS HOTBD HBSBIH FOR THB FBRIOD OF JASOARY 1, 1989 TO DBCBIBBR 31,1989 WHBRBAS# the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and NHBRBA8, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHBPBAS, the regulation of the navigable waters Involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of tlie public rights and equal protection from activity on or near the public waters and on the land within the City which. If unregulated, may be detrimental to the public health, safety and general welfare; and WHBRBAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any Interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone. Including those who assert the commonlaw rights of riparian owners, whether ot. not they be commercial marinas or residential owners; RHBRBAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and Is shared by riparian owners and the public generally, no one riparian o%mer has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally Is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes In common with all other riparian owners. This right Is a right not only to members of the public but the right to each riparian owner. Page 1 of 2 This mutual right of enjoymant which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHBRnSr Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHBRBASf the City has adopted reasonable regulations regarvling the construction and use of lakeshore and dock facilities when such facilities are used and maincained by three or more families# which regulations include the annual licensing of Joint Qse Docks pursuant to Section 5.42 of the Orono Municipal Code; and IT" '*UA8# the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, ■OW# THBRBFOM, BB IT RBSOLVBD# that the City Council of the City of Orono hereby directs the Staff to issue a Joint Dae Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 13th day of March, 1989. James R. Grabek, Mayor ATTEST; Dorothy M. Hallin, City Clerk STATf OP MINNESOTA ) ^ ) 'ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of March, 1989, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota runicipal corporation and said Instrument was executed on behalf of the City Notary Public My Conuaission Expires Page 2 of 2 CITY or OROHO BniBIT A RSSQLUnOH no. _ COHDITIONS OF ISSOANCB FOR ANNUAL JOINT USB DOCK LICENSE I. LICENSEE: Sandy Beach Place Dock Address: 3995 North Shore Drive Agent: H* Richard Zuckman Address: 1819 Dupont Avenue South* Minneapolis* MM 55403 License Period - January 1* 1989 to Dsceaiber 31* 1989 II. BOAT DENSITY The number of in-place boat slips* lifts and buoys shall not exceed the number shown on the attached plan* Exhibit B* and in accordance with Resolution 938* in no case shall the number of authorized boat slips* lifts* or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay West Arm_ _ _ Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Exhibit A Resolution No. Page 2 Exceeding this naximum boat denaityf or exceeding the number of permitted slips# lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be aa shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. The seven approved slips are for the exclusive use of the residents/renters of Sandy Beach Shores. 2. City may require written approval from abutting and affected property owners for each annual license review. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution# but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City an^^ other competent regulatory authorities shall deem necessary from t. o time in the public interest. C^TY OF ORONO p.O. BOX $6 ' CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19 taaaociation) SAND*. BEACH SHOftES" -lif-—-2-1-^---------hiL :ii'/i ANNUAL JOINT DSE DOCK LICENSE APPLICATION PnyiiAnti Qrono Municipal Code S€Ctiofl 5.42 Date For» Sent by*City staff January 20, X989 >.'VV Date Application Returned to City Fee Recived $ 3V Ti 3^.0( By Employee,'3(1 Section 5.42 Subdivision 2. LICENSE yiQUIRED - It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in. ..jo^t use (of any lalceshore property) without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY FEBRUARY 1 OF THE LICENSE YEAR. ASSOCIATION INFORMATION 1. Association title or name (if any) 2. Lake m-VKa _ _ _ _ _ _ _ _ _ _ Bay lUest _ _ _ _ _ _ _ _ _ 3. Person responsible for this application: ZockrAart Phone ui. 3m *^000 V>i3*T7"QM8S_ Mailing Address N>Jc So rt\n S5MQ3 — Relationship to association Pags 1 of 5 k. Association Is (check applicable Iteics): 5. 7. UwvVs_uaincon-crated homeovner's group. _incorporated Homeovner's Association. _unincorporated club or recreation group* _incorporated club or recreation group* Principal puii?ose of Joint use dock is (cheek applicable items): ^ provide boat mooring and lake access for residential property* provide avlasning access^ beach, or offshore dock, provide a elub^r association getherii ; place for activities* 6. Dock la located on (check applicable item): cue ujmei‘1 private property* easement or outlot ovned in eonaon* property leased by the group/association* property ovned by the group/associatlon. List Dock location and ovnership information: .idre.. No Shgre Dr________________ legal property description H* —22—OOQ ---- i r------> i 4 *5 Gv« UA ^.Sf«n,Ta«<*nsKie^*1 w.vi. torv\ard< SecH, E. No PID ♦ So mt.s ^ in* ^ SWore N.vJ. uJ* •^be^.»^ listed property ovner(s) . — 8. Name* of abutting lakeshore property owners: <Morth/w««t> '^.\qgf HOPS SWate ^r. -------------- (Name + Address) (South/East) H. £\SS ^lo3S ^ ■■ (Name ^ Address) Names of other affected property owners: (Name *f Addres^ (attach sheet if necessary) 2 of 5 .V i;s--rr.;-ce Ccve«£e - T!ie Jointly usei ioni is Insursd ^>y one of tee follovln«: prop«i*'v ovner's hon»cvner*s policy. ^ peparate group/ossocietion cvned policy, list the folioviag inl’oriBation; nmmm of iDSUTed - nenr of Ineurmice e.rrier \nS Ce. Ho naae of Insurance agency A^ene-4. policy no. rs>~U7.aU0 7-________effective date of coveres* bhfi^— KKunt of coverage; Public lietility, per person, per occurence i \,000|00p P^lic liability, per occurence i \iQQQlQQQ Security end policing of the jointly used dock and property li provided by (check epplicable iteas}: _fencing. eecurity lighting. property ovner*e presence. contract security service, other (speclfjO DOaC mPDRMATIOH 11. List Dock use Area Specifications: Width of shoreline; \ftSft. Length of main dock from shore; 5lo Dock setbacks from side property lines at shore; 5Q *t. and 3Q 12. Dock Construction (cheek epplicable iteas): K seasonal dock (relocated or repleeed each year). permanent piling with seascn,sl deck. _ permanent piUng and decking. ^ wooden decking. metal decking. List Dock Accessories: Number of fire extinguishers available et the dock Number of life preservers available at the dock __ J ft. ft. 14. Ust number of slips in each category (’’slips" includes boat lifts): Transient (day use only) slips Q . Transient (dsj^ use) off-shore buoys _. Permanent moorage slips 1_______. Permanent moorage off-shore buoys Q * Dry storage (rack) slips Q______. Maximum number of boats at the dock __3__. 15. Ust number of off-street parking spaces available for users of the joint use • dock. Parking, if provided must not be separated from the dock by any public road. 7A spaces. 3 of 5 .« .• EnOSIO!? AKD SSDIMSNTATIOH CCIfTH)! 16. Siiorellne is protected by (check arpUcable Iteins): stone rip rap. vood seaval'.. metal seawall. concrete seawall, grass and vegetation only, other (specify) ^3n(j 17* Depth of water at shoreline Is O ft; at 50 ft. out is (o^ ; at 100 ft. out Is iS" . nCQOXBED ATTACHMENTS The following Bust accompany this application: A. DOCK PLAN » ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this 'property, the side property lines and the location, layout and dimensions of axl docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. a. c. 2. DNINCORPORATED CROOPS OR ASSOCIATIONS 1. A list of the nasMS and mailing addresses of all members and/or slip users. A certified copy of the by-la%#s or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in (state year) and on file with the City." Applicant's initials INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, sailing addresses and titles of all corporation officers. 2. A statement as to the total number of members in the club or association. members. 3. A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a rene%«l application and o\ir joint use dock is to be operated under the sasM articles of incorporation and/or by-laws as originally made or last amended in_ _ _ _ _ _(state year) and on file with the City." Applicant * s initials Page 4 of 5 D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint 0«« Dock Lic«n»« Application fee according to the current City Sch«dul«. REMENA& JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy H slips I $2.00 each TOTAL DUE THIS APPLICATION 20.00 ^^.00 LATE FEE - Rene%ials Applications for renewal of licenses shall be made no later than February 1 of the license year. The City shall not accept license aaallcations received after February 1 unless the application is accompanied by a lata fee or $25.00. REVIEW PROCEDURE When a conplete application is received, the application will be reviewed by the City Council and, in the case of new or applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.41 of the Orono Municipal Code, the applicant • hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed^Date Page 5 of 5 H»'»| rt WCHfsW ZUCKMKN msoumcm oibbctiik; staff to ISSUE A JOIST USB DOCK LICBHSB TO NALTBR'S PORT NAIUTBRABCB i HIPROVBMBBT A8SOCIATIOB SUBJECT TO COBDITIORS NOTJD BBRBIB FOR THB FBRIOO OF JAEUART 1989 TO DBCBfBBR 31, 1989 WHBRBAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an «J®rclse of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone. Including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHBRBAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Page 1 of 2 This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHBRBA8# Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHBRBAS# the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, WOW, THBRBPORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 13th day of March, 1989. ATTEST* James R. Grabek, Mayor Dorothy M. Hallin, City Clerk STATE OP MINNESOTA ) COUNTY OF HENNEPIN ss. The foregoing instrument was acknowledged before me on this 13th day of March, 1989, by James R. Grabek 8 Dorothy M. Hallin, Mayor 6 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 2 of 2 cm OF OROIIO EXHIBIT A RBSOLDTIOH HO. COHDITIONS OF ISSUANCE FOR ANNUAL JOINT P8E DOCK LICENSE I. LICENSEE: Walter's Port Maintenance « Improvement Association Dock Address: 2699/2701 Kelly Avenue Agent: Charles E. Garrity Address: 2701 Kelly Avenue, Excelsior, MN 55331 Licensee is: XX unincorporated homeowner's group incoriorated homeowner's association unincorporated club or recreation group _ _ _ _ incorporated club or recreation group _ _ _ _ other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ II. License Period - January 1, 1989 to December 31, 1989 BOAT DENSITY ^ The number of in-place boat slips, lifts and buoys shall not exceed the nut )er shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Carman Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT Exhibit A RMolution Mo. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be s ibjeet to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. Variances granted for 1989i a) West property line (extension of west line of Lot 2, Block 2, Walter's Port) - 10* required, zero setback proposed b) Southeast property line (extension of southeast line of Outlot 2, Walter's Port) - 10' required, zero setback proposed 2. The five slips are approved for use by the following properties located in the plat of Walter's Port: Slip 1 - Lot 2, Block 2 2, Block 2 1, Block 2 1, Block 1 5, Block 3 (part of Lot 1, Carman Bay Heights) Slip 2 - Lot Slip 3 - Lot Slip 4 - Lot Slip 5 - Lot 3. City must be notified immediately of any change in use or configiiT tion of the dock. 4. A1 )oats permanently moored at this joint use dock must be registc d to the applicant property owners. 5. Lot 5, Block 3 (part of Lot 1, Carman Bay Heights) is allowed four boats maximum (1 of lagoon, 3 at outer lakeshore). V. Nothing In this license shall confer upon any person for the benefit of any property any vested r<ght to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. RESOL JN.# *— ••» • ...— • •. - — • M UACv OM CooTuoT Ooc_K »-S,M0OT ^ ■-- £-a V« r.&T^v> RvPt\f WIL • * 9 CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR ly faagoeiation) WALTERS PORT riA'lNTENA^E AND IMPROVEMENT ASSOCIATION -r .,jal joiot dse dock license application Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by^City staff January 20, 1989 •"-■I ■j5v ' Vv -■v V ZrtiX Date Application Returned to CityjJf2iS9 ___________ Fee Recited $ _ _ _ _ _ _ _ _ _ _ By Employee Tf Section 5.42 Subdivision 2. LICENSE REQUIRED - It Is unlawful for any /group or association of persons or families, more than t%io in number, whether incorporated or not) to engage or participate in...joint use (of any lakeshore property) without first having obtained a license therefor from the City. PLEASE CC3MPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY UARY 1 CF THE LICENSE YEAR. ASSOCIATTON INFORMATION 1. Association title or name (if any) 4 2. Lake _ _ _ _ _ _ _ _ _ _Bay_ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ '. Person responsible for this application; Name _ _ _ _Phone 0-9^t?oc(^_ _ _ _ Hailing Address l7oJ fa?7/y Ac____^ x. C^li* /^a/ h - ^7/-mi Relationship to association. Page 1 of 5 U. A®»cclatlon Is (check api»licfible iteaa): unincori ’Crated homeovner ’s group. ___ incorporated Homeovner'a Association. _unincorporated club or recreation groi^. _incorporated club or recreation group. 5. Principal purpose of Joint use dock is (check applicable items): provide boat mooring and lake access for residential pxoperty. _provide svianing access, beech, or offshore dock. provide a club-or association gathering piece for activities. 6. Dock is located on (check applicable item): _one member’s private property. jL eaaenent or outlet ovned in coanon. property leased by the group/assoclstlon. property ovned by the group/associatlon. 7. List Dock location and ovnership information: ^ ■tnet ediireas_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ legal property description_ PID # ' _____ listed property ovner(s) 8. Names of abutting lakeshore property owners: (North/We St)__________ C>h} ----- (South/East) (Name + Address) (Aj/y\ 7 (Name *(• Address) Names of other affected property owners: l/>>^ / (Name Address) (&^^ach sheet if necessary) 2 of 5 Ir.surr.:'ce Ccverige - Tiie Joint:y usei dock is Insur-d Tsy one of tr.e follovin^: ^Tijoperty cwier's honiecvner's policy. pepnrate group/ossocietion ovned policy, list the folloviag Isl’ormation: naiae of insured C name of insurance carrier naaie of insurance agency _9 /c/^irSaUy'J-,' policy no. effective date of coverage ) )fj aecuat of coverage; Public liebillty, per person, per occurence % t |A1.Public liability, per occurence Security and policing of the Jointly used dock and property is provided by (check applicable Iteas): fencing. f- security lighting. ^ property ovner's presence, contract security service, other (speclfjO _________ DOCK IHFOBHATIOV ft / 11. List Dock Use Area Specifications: Width of shoreline; _____ Length of nain dock fron shore; Dock setbacks from side property lines at shore; _ _ _ _ _ _ft. and 12* Dock Construction (check appliceble items, _ seasonal dock (relocated or replaced each year). permanent piling with aeaacnal deck. perreanent piling and decking. wooden decking. _ _metal decking. 13. List Dock Accessories: Runber of fire extinguishers aveileble at the dock Number of life preservers available at the dock _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ft. ft 14. List number of slips in each category ('*sllps” includes boat lifts): Transient (day use only) slips . Transient(daj' use) off-shore buoys __ Permanent moorage slips ^ Permanent moorage off-shore buoys _____ Dry storage (reck) slips . Maximum number of boats at the dock 5^ 15. List number of off-street parking spaces available for users of the Joint use - dock. Parlcing, if provided must not be separated from the dock by any public road. spaces. 3 of 5 • f ,0 £rOSIO:i AMD SEDIMSNTATIOH CCSTROL r 16. Siiorsllne is protected by (cheek sr.plicable itea:s): stone rip rap. _ _vood seawal'.. metal seavall. _ _concrete seawall. grass and vegetation only, other (speciTy) 17. Depth of water at shoreline Is 3- ft; at 50 ft. out is ; at 100 ft. out is . KBQOUtED ATTACHMENTS The following snist accompany this application! A.PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. (\' d ^ ^ONIWCORPORATEP 6A00PS OR ASSOCIATIONS 1. 2. A list of the nasMS and sailing addri of all mesibers and/or slip users. A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a rene%ial application and our joint use dock is to be operated under the same by-la%#s or agreement originally made in (st^e year) and on file with the City.** Applicant's initials C. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names. Bailing addresses and titles of all corporation officers. 2. A statement as to the total number of members in the club or association. 3.A certified copy of the articles cf incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: ''This is a rensMl application and our joint use dock Is to be operated under the same articles of incorporation and/or by-laws as originally swde or last amended in (state year) and on file with the City." _ _ _ _ _ _ Applicant's initials Page 4 of 5 D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application fee according to the current City Fee Schedule. RENEWAL JOINT USE FEE, per year $*. 20.00 PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy ^ slips 9 $2.00 each $in ^ / TOTAL DUE THIS APPLICATION $ LATE FEE - Renewals Applications for renewal of licenses shall be made no later than February 1 of the license year. The City shall not accept renewal license applications received afteF February 1 unless the application Is accompanied by a late fee of $25.00. REVIEW PRCXTEDURE When a con^lete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant * hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Date V <3 H I Page 5 of 5 i3l. ___!________________iJ^h tf.___ ^_________>^^.^./ ____-5^ 2L.i (($ /Vt/7. }^ “Z.7W /f»f//y 4c//" / ^L- / .? Ia/!tI L fihQ ^7f-9S9 ______^4^^: . y^lk ^Av^ T^iUi^___________________ <>7/0 t^fi'lJ^A^ ^ y7/-0^t RESOLUTION. H .... u^Ci.ooM CooTuoT tJoc-K . VJI.M OUT .*•R\P MU RBSOLCnOH DIRBCrniG STAFF TO ISSUB A JOIST USB DOCK LICBNSB TO VICTORIA ESTATES HONBOmBRS ASSOCIATZOH SUBJECT TO COHDXTIOSS NOTED HERBIS FOR THE PERIOD OF JASUARY 1# 1989 TO DBCBMBBR 31, 1989 WBBRBA8, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the Ciry? and MHBRBAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; a.'^d MHBRBAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights ard equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and MHBRBAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as tc residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against Interference by anynne, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; MHBRBAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Page 1 of 2 boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and NHBRXAS, Lake Minnetonka Is capable of substantial beneficial and MHBRBA8# the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities are used and maintained by three or more famlliesr wnicn regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHBRBASr the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached# ■ON, TBBRBFORB, BB IT RBSOLVBD, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 13th day of March# 1989. James R. Grabek# Mayor ATTEST: Dorothy M. Hallin# City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of March# 1989# by James R. Grabek 6 Dorothy M. Hallin# ■ 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 2 of 2 CITY OF OROHO EXHIBIT A RBS01.DTI0H HO. _ CONDITIONS OP ISSOANCE FOR ANNUAL JOINT USB DOCK LICENSE I.LICENSEE: Victoria Estates Homeowners Association Dock Address: 540 North Arm Drive Agent: Thomas D. Mazer Address: 560 North Arm Drive, Mound, MN 55364 Licensee is: unincorporated homeowner•s group XX incorporated homeowner's association unincorporated club or recreation group _ _ _ _ incorporated club or recreation gr*{)up other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ License Period - January 1, 1989 to December 31, 1989 II. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay North Arm Transient (Day use only) Slips Perr:jt.s>^nt Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Exhibit A Resolution No*, Page 2 Exceeding this naximum boat density# or exceeding the number of permitted slips# lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by t>»i« license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. Six slips are approved for Victoria Estates Homeowners Association for 1989 subject to the stipulations set forth in Resolution 1962 dated December 18# 1978. 2. All boats permanently moored at this Joint Use Dock must be regiewered to the applicant property o%mers. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution# but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. •* 9 CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19 m raagoeiation) VICTORIA ESTATES^HOMEOWNERS ASSOCIATION ANNUAL JOINT USE DOCK LICENSE yPL ^^ATION Pursuant to Orono Miinicipal Code ** ci-jn 5.42 Date Form Sent by^City Staff January 20, 1989 f JrV^i.viTr CFFICE .JlFzCOOCO 01 OEH 32. OC FHECS Ti___IL Date Application Returned to City Fes Recived S ^ ■ Cjt>_ _ _ _ _ By Employee YOU ^ cvV-i <vi 'Hi- .'•*. .*■» Section 5.42 Subdivision 2- LICENSE REQUIRED - It is unl«4. . for any (gxoup or association of persons or families, more than t%icr mR number, whether incorporated or not) to engage or participate in.-.joint use (of any lakeshore property) without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY FEBRUARY 1 OF THE LICEl’SE YEAR. ASSOCIATION INFORMATION 1. Association title or name (if » *v) \//^7b/^/A 2 • Lakes Bay kJo/ZTH 3. Person responsible for this application: Name’^TtLuA? k'zS/l. _Phone 72-7/1^7- - - - - - - - - - Mailing Address ^LO OO/^ Relationship to association _ _ _ _ _ _ _ _ xdge 1 of 5 U. Association is (check applicable iteirs): ___ unincon-crotcd homeovner's 6. >( incorporated Homeowner's Association, xmlncorporated cliib or recreation group. ___ incorporated club or recreation group. 5. Principal purpose of Joint use dock is (check applicable items): ^ provide boat mooring and lake access for residential propert/. ___provide swimming access, beach, or offshore dock. provide a club-or association gathering place for activities. Dock is located on (check applicable item); ___one member's private property. ^ easement or outlet owned in common. ___property leased by the group/association. ___property owned by the group/association. 7. List Dock location and ownership information: street cddi-ess _________________ legal property description (^v^rupr l/.'c^giA £~sT:A-rrS._ PID « ' ________ ^ listed property owner(s) j/icrpg.(A. 8. Names of abutting lakeshore property owners; (North/WeSt) (Name ^ Address) (South/East) (Name -** Address) Names of other affected property owners; (Name + Address) (attach sheet if necessary) 2 of 5 Ir.S'-rr..'ce Ccver^re - The Jointly -^ei dock is Insured hy one of the fcllovind: I ___property evner's honseevner's policy. separate fjroup/ossociction owned policy, list the follovins inl’onr^tion: name of insxarcd _______________________________________________________________ name of insurance carrier name of insurance agency policy no. _ _ _ _ _ _ _ _ _ AAtejz/o,i.<j F^h(cY effective date of coverage amount of coverage; Public liability, par person, per occurence Public liability, per occurence $__________ Security and policing of the Jointly used dock and property is provided by (check applicable items): fencing.security lighting. ^ property owner's presence. contract security service, other (specify) DOCK DtFORHATION 11. List Dock Use Area Specifications: Width of shoreline; L>CO t f-* Length of main dock from shore; ^ ft Dock setbacks from side property lines at shore; P-OO ft. and QOO - ft. 12. Dock Construction (check applicable items); _ _ seasonal dock (relocated or replaced each year). _ _ permanent piling with seasonal deck. ^ permanent piling and decking. ^ wooden decking. _ _ metal decking. 13. List Dock Accessories: Number of fire extinguishers evaileble at the dock Number of life preservers available at the dock a 14. List number of slips in each category ("slips" Includes boat lifts): Transient (day use only) slips . Transient (day use) off-shore buoys Permanent moorage slips ______. Permanent moorage off-shore buoys Dry storage (rack) slips . Maximum number of boats at the dock / 15. List number of off-street parking spaces available for users of the Joint use - dock. Parlcing, if provided must not be separated from the dock by any public road. spaces. 3 of 5 EPOSIO:} AND SZDIMTTrATIOM CCMTKOL 16. Saoreline is protected by (check arpilcable items): stone rip rap. _____ vood seaval*.. _____ metal seavall. grass and vegetation only, other (specify) 17. Depth of vatcr at shoreline is_ _ _ft; at 50 is at 100 ft. out is _____. concrete seavall. REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be sho%m on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2. A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the followin: statement: "This is a renewal application and our joint use dock under the same by-laws or agreement originally made in "year) and on file with the City." Appliciint's initials C. INCORPORATED CLUBS OR ASSOCIATIONS followino^ 1. 2. 3. A list of the names, mailing addresses and titles of corporation officers. A S tement as to the total number of members in the club or association, members. A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and o\ir joint use dock is to be operated under the same articles nof incorporation and/or by-laws as origipc^ly made or last amended iWC 3 (state year) and on file with the Applicant's initials Page 4 of 5 D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application fee according to the current City Fee Schedule. RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slio, lift, dry stack, or buoy ^ slips § $2.CO each ~ f TOTAL DUE THIS APPLICATION 20.00 rz LATE FEE - Renewals Applications for renewal of licenses shall be made no later than February 1 of the license year. The City shall not accept renewal license applications received after February 1 unless the application is accompanied by a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pas i upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant * hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable,^tdtlH5^to perform safety and code compliance inspections. Signe Date I-20-QV Page 5 of 5 RESOLUTIOH DIRBCTIIIG STAFF TO ISSUE A JOIST USE DOCK LICENSE TO FOREST ARMS COUNTRY CLUB ADDITION HOMEONNERS ASSOCIATION, INC. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1989 TO DECEMBER 31, 1989 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City? and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota? and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare? and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners? WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Page 1 of 2 This mutual right of enjoyment which is shared by riparian owners and the public generally Includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHBRBASr Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHBRBASy the City has adopted reasonable regulations regarding the construction and use of iakeshore and dock facilities when such facilities are used and maintained by three or more familiesr which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHBBBASf the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached^ ■Oil, THBRBFORBf BB IT RBSOLVBDf that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 13th day of March, 1989. ATTEST:James R. Grabek, Mayor Dorothy M. Hallin, City Clerk STATE OP MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of March, 1989, by James R. Grabek 6 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 2 of 2 CITY OF ORCWO EXHIBIT A RBSOLUTIOH NO. CONDITIONS OP ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I.LICENSEE: Forest Arms Country Club Addition Homeowners Association, Inc. Dock Address: 4245 Forest L?ke Drive Agent: C. James Lange Address: 970 Forest Arms Lane, Mound, MN 55364 Licensee is:unincorporated homeowner's group XX incorporated homeowner's association _ _]] unincorporated club or recreation group _ _ _ Incorporated club or recreation group other _ _ _ License Period - January 1, 1989 to December 31, 1989 II. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Forest Lake Transient (Day use only) Slips - Permanent Moorage Slips 14 Boat Lifts - Sub-Total: Slips at Dock 14 Offshore Buoys - Maximum Boars in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY 14 ■EBSajB saune Exhibit A Resolution No._ _ _ _ Page 2 Exceeding this maximum boat density, or exceeding the number of permitted sUps, lifts or buoys is a violation of this license en^ject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. The Purchase Agreement by and between the City of Orono and the Forest Arms Country Club Addition Homeowners Association, Inc. will permit a maximum of 14 slips. The City will approve 14 slips for this license year based on the number of developed interior lots within the subject plat. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. t CITY OF ORONO p.O. BOX 66 CRYSTAL BAY, MN 55: 473-7351 LICENSE YEAR 19 JA.V / T iSS9 (association) FOR£ST ARMS-€eOKTRY C^B ADDN HOMEOWNERS AfifiDfTATTnM ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal c "*e Section 5.42 Date Form Sent br*City Staff January 20, 1989 Date Application Returned to City / - 2 Fee Recived _ _ _ _ _ _ _ _ _ By Employee-?W^^ r*- • --"r Trr.-r . .1 ■ i(.i. jUzCvOOO n_ ^ECE:!^T-'hir^K YOU ... I .. ■ « I * ! t ^ •r a _ j J i. w V * \ V i I JLV • Section 5.42 Subdivision 2. LICENSE REQUIRED - It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in — joint use (of any lakeshore property) without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY .CLERK BY FEBRUARY 1 OF THE LICENSE YEAR. ASSOCIATION INFORMATION 1. Association title or n2une (if any) 2. Lake _ _ _ _ _ _ _Bay ^_ _ _ _ _ _ 3. Person responsible for this application: Name^^j^Phone Mailing Address Relationship to association Page 1 of 5 k. Association is (check applicnble itecs): . c- unincorr-crated honieovner's g^up. ty^'^incorporated Homeowner ’s Association. \2nlncorporated cliib or recreation group, incorporated club or recreation greup. 5. Principal purpose of joint use dock is (check applicable items): provide it mooring and lake access for residential property, _jX^*rovlde svlmming access^ beach, or offshore dock. ^✓^rovlde a club-or association gathering place for activities. 6. Dock is located on (check applicable item): one member’s private property. ___easement or otxtlot owned in common. property leased by the group/association. /^property owned by the group/cssociation. 7. List Dock location and ownership inforr-ation; street address I / 4. "y______& ^______ / legal property description PID # listed property owner(s) 8. Names of abutting lakeshore property owners; (North/WeSt)^ 1 (South/East) (Name + Address) (Name + Address) Names of other affected property owners: ^/a (N2une + Address) (attach sheet if necessary) 2 of 5 Ccver^je - T;ie Jointly '^eJ doc!-; is insured =y ons of the follovins; property cvner's honjccvner's policy, separate sroup/associsticn cvned policy, list the follovirs inl’orelation; name of insured Ar ^ T^ As^on. — name of insurance carrier 1. name of insurance eeency "J'lZxh'L ^' —-------------------—--------------- policy no. .s- effective date of coverage ^ S.zSj aaount of coverage; Public lietlllty, per person, per occurence $ ff3xa Public liability, per occurence Security and policirig of the jointly used dock and property is pro\^ded by (check applicable items): /^fencing. ^^ecurity lighting. _^'roperty owner's presence. _ _contract security service, other (specify) __ _ _ _ _ _ _ _ _ _ ___ DOCK IKFORMATIOS 11. List Dock Use Area Specifications; Width of shoreline; -? f*- Length of main dock from shore; / Dock setbacks from side propei-ty lines at shore;ft. and y ^ 12. D^ck Construction (check applicable items): Seasonal dock (relocated or replaced each year). permanent piling with seasonal deck. _ _ permanent piling and decking. "wooden decking. _ _metal decking. j/s 13. List Ittck Accessories; Number of fire extinguishers available at the dock Nisnber of life preservers available at the dock _ 14. List number of slips in each category ("slips” includes boat lifts): Transient (day use only) slips . Transient (day use) off-shore buoys Permanent moorage slips / *4 Permanent moorage off-shore buoys — Dry storage (rack) slips Maximum nuriber of boats at the dock 15. List number of off-street parking spaces available for users of the Joint ^e dock. Parking, if provided must not be separated from the dock by any public roed. spaces. 3 of 5 ft ft EPOSION SZDIMEOTATIOH CCI^HOL 16. Snorsllne is protected by (check applicable iteins): > _ _ stone rip rap. _ _vood seavar.. _ _metal seawall. _ _concrete seawall. ^ grass and vegetation only, other (specify) _ _ _ _ _ _ ... ii.i. 17, Depth of water at shoreline is ^ / ft; at 50 Is y ; at 100 ft. out is 'J . —7^— REQUIRED ATTACHMENT The following miist accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout ana dimensions of all k. ocks, slips and buoys. If off-street parking, dry storage or other on-land functions aire intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. 2. A list of the names and mailing addresses of all members and/or slip users. e A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be i>perated under the same by-laws or agreement originally made in / ^ Jp “K (statcuyeeu:) and on file with the City."istat^; 4^Applicant's initials C. INCORPORATED CLUBS Ok ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. 3. \ statement as to the total number of members in the club or association. /*/ members. A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in (state year) and oh file with the Applicant's initials y Page 4 of 5 D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application fee according to the current City Fee Schedule. RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy slips 8 $2.00 each / TOTAL DUE THIS APPLICATION 20.00 jJ (■. Itj LATE FEE - Renewals Applications for renewal of licenses shall be made no later than February 1 of the license year. The City shall not accept renewal license applications received after February 1 unless the application is accompanied by a late fee of $25.00. REVIEW PROCEDURE When a complete applica.ion is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Counc■j will pass upon t’e application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant * hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety code compliance 'nspections. Date /- 2^ r^. Page 5 of 5 FBSOLUTIOM DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO MINNETONKA POffER SQUADRON SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1989 TO DECEMBER 31, 1989 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the Ci^y of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner iray have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Page 1 of 2 This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and IIHBRBASr Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WBBRBASr the City has adopted reasonable regulations regt.rding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHBRBAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, HOW, TBBRBFORB, BB IT RBSOLVBD, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 13th day of March, 1989. ATTEST: James R. Grabek, Mayor Dorothy M. Hallin, City Clerk STATE OP MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of March, 1989, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 2 of 2 CITY OP ORONO EXHIBIT A RBSOLUTIOH NO. CONDITIONS OP ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I.LICENSEE: Minnetonka Power Squadron Dock Address; Big Island, Record Lot #5 Agent: Dennis G. Peterson Address: 15120 Gleason Lake Drive, Plymouth, MN 55447 Licensee is: _ _ _ _ unincorporated homeowner's group _ _ _ _ incorporated homeowner's association _ _ _ _ unincorporated club or recreation *roup XX incorporated club or recreation group other _ _ _ _ _ _ _ _ __ License Period - January 1, 1989 to December 31, 1989 II. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Lower Lake Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY 45 s CSSS ass Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. '^SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. •* r CITY OF ORONO ^ p.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19 £2 faasQCiation) MINNETONKA POWER SOHAHRON ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 I 0 Date Form Sent by^City Staff January 20. 198^^ Date Application Returned to City Fee Recived $ ZO^^ By Employee Sertion 5.42 Subdivision 2. LICENSE REQUIRED - It is unlawful for any (croup or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in...30int use (of any lakeshore property) without first having obtained a license therefor from the City. vr -'mw PLEASE COMPLETE ALL ITEMS AND SULMIT SIGNED APPLICATION, REQUI^D ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK^ JX vv.0 FEBRUARY 1 OF THE LICENSE YEAR. Oi jS’ri '^0 ASSOCIATION INFORMATION "l 2^,iv :kC! '‘2 ' t k 0 1. Association title or name {if ar.v) /U)/J^gr 1 2. t.alce _ _ _ _ _ _ _3av - - - - - -- 3. Person responsible for this application: ,/Wa//s /C e^--rZr-^^jO Phone i> fA. - 4l3 - 037 3 _(hjJName Mailing Address 75^4.0 CC j^UjtuTH /^AJ— Relationship to association^_____f________ ■■ ■— Page 1 of 5 k. 5. 6. 7. Association Is (check appllcnble iteics}: unincorr-crated homeovner’s groun. incorporated Homeovner’s Association, unincorporated club or recreation group. X incorporated club or recreation group. Prlncipa± purpose of joint use dock la (check applicable items); provide boat nooring and lake access for residential property. _____ provide sviaming access, beach, or offshore dock. provide a club-or association gathering place for activities. Dock is located on (check applicable item): _____ one iReaber*8 private property. _____ easement or outlet ouned in common. _property lesaed by the group/aaaociation. )( property owned by the group/asaociation. List Dock location and ownership information: street address (jOTT legal property description_ _ _ _ piD « ajL-117-33 W T/2ArT- A ClS. listed property ow'ner(s) ^(%\\ADi^0A) 8. Names of abutting lakeshore property owners: (North/West) _ _ _ _ _ _ _ _ __ (Name •(* Address) (South/East) (Name <f Address) Names of other affected property owners: (Name + Address)(attach sheet if necessary) 2 of 5 Ir.surr.;'ce Ccver?£e - Tiie used dock is insured "by one of the fcllovin^: ___property ovner's honiecvner's policy. peperate grou.j/ossocietion owned policy, list the follovias inl'ormation: ^ name of insured IaJ^}6TQAJ fa)\)€:^ U4>D^OaJ name of insurance carrier ______________ name of insurance agency \a16&T ^iAj5 Ufi/1g6^ policy no. If^l* [S343 o_________effective date of coverage ____________ amount of coverage; Public liability, per person, per occurence P\*llc liability, per occurence $_________ Security and policing of the Jointly used dock and property is provided by (check applicable items}: _ _fencing. security lighting. property owner's presence. _ _ contract security service, other (specify) IPCK PlPDPHATION 11. List Dock Use Area Specifications: Width of shoreline; ft. Length of mein dock from shore; / Dock setbacks from side property lines at shore; OO ft. and -2^ 12* Dock Construction (check applicable items): ^ seasonal dock (relocated or replaced each year). _ _permanent piling with seasonal decl^. _ _ permanent piling and decking. _ _wooden decking. _ _metal decking. ft. ft. 13. List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock _ 14. List number of slips in each category Includes liwat li^s): Transient (day use only) slips sient (day use) off-shore buoys . Permanent moorage slips ~ - Perraane-i-^ «iOorage off-shore buoys — . Dry storage (rack) slips ~. Maximum number of boats at the dock . 15. List number of off-street parking spaces available for users of the Joint use • dock. Parlcing, If provided must not be separated from the dock by any public road. O spaces. 3 of 5 .« .« EPOSIO:; AND SEDIMr^TTATIOH CCHTHOL 16. Siioreline is protected by (check applicable iteaa): stone rip rap. ___vood seaval ’.. ____ metal seawall. grass and vegetation only, other (specify) 17. Depth of water at shoreline is I __ ft; at 50 ft. out is —J —j at 100 ft. out is 5 . concrete seawall. AlufiyAAt REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN « ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shorn on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS *1. A list of the names and mailing addresses of all members and/or slip users. 2. A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in _______ (state year) and on file with the City.** Applicant's initials C. INCORPORATED CLUBS OR ASSOCIATIONS 1. 2. 3. A list of the names, sailing addresses and titles of all corporation officers. statement as to the total number of members in the club or assocxation. members. A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: **This is a renewal application and our joint use dock is to be operated under the same arti^es of incorporation and/or by-laws as originally made or last amended in /t6/ (state year) and oh file with themApplicant's initials Page 4 of 5 D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application fee according to the current City Fee Schedule. RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack. 20.00 or buoy O slips % $2.00 each/ V— TOTAL DUE THIS APPLICATION $, LATE FEE “ Renewals Applications for renewal of licenses shall be made no later than Februarv 1 of the license year. The City shall not accept renewal license"applications received after February 1 unless the application is accompanied by a late fee of $25.0^. REVIEW PROCEDURE When a con?)lete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5-42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Date \/ Page 5 of 5 mcunvs coMMirrn COMMANDER Thoma« F. Ro«tM. N 11i40UptonAw*mj«a Bloofflingtan, MN 99431 Ejimu U m Oiftear LVC Rogar E. Arant, M 4S20 W. Covantiy Road Mkvtalonfea. MN 99349 EduoaSonal Odlear U/C Robaft SUarna. AP 1030 ghofaina 0n«« Wkyzata. MN 99301 AdmMatmtlva Offlcar U/C Oary a Niaaan, AP 6721 Ihf^ Cuivo Edan Prairta. MN 99344 LVC Jmia K. Roaainl. S 11140 Uplon Awnua a Bkjommgian. MN 99431 Traaauior WC Oaonta a Paia«aaa JN 19120 Olaaaon Lal« Ortva Plymoulti. MN 99447 laiai OavM L Fithar. AP 3094 Bryant A¥anua a Mtnnaaooaai MN 99400 lal/U Martyn A. Joltnaon. AP 8094 Erta Sour Ctiannasaan. MN 99317 lal/U Marrt J. Pataraon. AP 4722 1M FiiF HMa Road Minnalonlia. MN 99346 lat/LI Dougiaa T. Wtwt« 8 0006 Ra«wt Court SW. Edan Praviai, MN 99344 , LAW OFFICER LI Btadlay a Harman. 8 5930 Bimini Ortva Mnnalonlia. MN 99343 Commandar Franklyn £. Cnurcnat, JN 3260 Bonna Poini Lana Wayzata. AN 99301 V ■ Jll k Minnetok «.^PowER Squadron A UNIT or TNt ff UNITED STATES POWEN SQUAOflONS SAIL and POWER BOATING s}h\A\es.! A-biJy^^S'es ^ COUNCIL MEETING i3 iC;3 5|TY ftJT ' 21489:iHb" Tq; Mark E. Bernhardson, City Administrator Proas John R. Gerhardson, Public Works Director Date: February 14, 1989 Subjects Equipment Purchase Public Works For 1989, Public Works Streets budgeted for snow removal equipment attachments to allow City personnel to clean tlie sidewalks in Navarre which were constructed in 1988 due to the County Road 15 reconstruction project. The attachments that were proposed are specialized in that they can be used for only one thing, that being now removal on sidewalks. Historically, we have always attempted to not purchase equipment of a special nature if there were other options available. For the winter of 1988-1989 we have contracted the snow removal of the sidewalks and have determined that the equipment used by the contractor is much more efficient than the type of attachments proposed by the City. The type of equipment used by the contractor is what is called a skid steer loader (bobcat). This type of equipment is very expensive when purchasing new. I have checked on used equipment. There are used skid steer loaders available for at or near the price of the attachments budgeted for in 1989. Other uses of this type of equipment are skating rink maintenance snow removal from around fire hydrants, lift stations, parking lots as well as park maintenance and street maintenance in addition to sidewalk maintenance. $8,000 was budgeted for attachments for 1989. Recommendation - To authorize the Public Works Director to obtain a minimum of two informal quotes for a us,d skid steer loader and to present the costs to Council at a future Council meeting. Proposed Motion -Moved,2nd, to authorize the Public Works Director to obtain a minimum of two informal quotes for a used skid steer loader and to present the costs to Council at a future Council meeting. TO* Mark E. Bernharddon, City Administrator FBOHs Dorothy Hallin, City Clerk Tom Kuehn, Finance Directs : 3889.4 ^3 C0U»|0 . S'EPTIHG v.a;^ ii siTY or :r.r:: OAXBi March 8, 1989 SOBJBCTt Raplacemt ->f Hailing Machine The current mode. ge machine is one which the City has had 5?f ’** "®*= for sometime. TheCity Clerk and clerical staff have reviewed curr snt viable models available from Pitney Bowes and International Mailing Systems complete with on-site demonstrations. Quotations requested have been recceived# The models reviewed would greatly speed up the mailing process, have an electronic scale for better accuracy and postage savings and provide for charging the postage by department at the time of use. None of these features are on our current model. The costs for the new system would be for the purchase or lease of the equipment (purchase recommended); rental of the register (not available for purchase); and a service agreement. The two models IMS 307AS and Pitney Bowes 6276 cost comparison follows: ^ Purchase Less trade in of current P.B. International Mailing $5,406.00 N/A Net Capital Outlay $5,406.0^. Cost recovery of capital outlay over 60 months Pitney Bowes $5,104.00 (130.00) $4,974.00 Register rental Service agreement TOTAL COST $ 410.00/Yr $ 90.10/Mo $ 36.00/Mo $ 34.17/Mo $160.27/Mo $ 593.00/Yr $ 82.90/Mo $ 47.217MO $ 49.42/Mo $179.57/Mo Estimated total cost over 60 month capital outlay recovery period $9,616.20 $10,774.20 The Pitney Bowes has a one time capital outlay cost advantage of $432.00 including the trade-in of the current model, but has annual cost disadvantages of $135.00 for register rental and $183.00 for the service contract. Therefore the first year cost advantage is only $114.00 ($432.00 - $ 135.00 - $183.00) and the five year cost projection is $1,158.00 higher for the Pitney Bowes ($10,774.20) vs the IMS ($9,616.20). Based on the total cost, together with the fact that the IMS was deemed easier to use by staff it is our recommendation to purchase the IMS model 307AS, at a cost of $5,406.00, from the Improvement and Equipment Outlay Fund with the cost to be recovered through a user charge to the various departments over a five year period. The Improvement and Equipment Outlay Fund will be monitored to determine if a budget amendment is needed in late 1989. TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrator Forwarded recommending approval. PROPOSED MOTION - Moved by seconded by to approve purchase from International Mailing System of an IMS Model 307AS mailing system at a cost of $5,406.00 based on total cost over five years. The purchase, from Improvement and Equipment Outlay Fund monies, is to be recovered from the various user departments over a five year period. Ayes _, Nays _. O 3889.1 TO: Mayor and City Council PROM: Mark E. Bernhardson, City Adrainistrato DATE: March 8, 1989 ft) SUBJECT: Odd/Even Outdoor Water Usage Regulations CdUHOIL CITY OF iF -■ Attachments: A. Ordinance #53, 2nd Series, Water Use Control Ordinance B. Resolution #2479, Adopting a Manadtory Odd/Even Watering Ban Outdoors C. Resolution #2496, Removing Restrictions as of September 15, 1988 but Re-Imposing them April 15, 1989 ISSUE - Determine if Council desires to have the odd/even outdoor water usage regulations become effective on April 15, 1989. DISCUSSION - As you may recall Council adopted Attachment A and Attachment B, on July 25, 1988. On September 12, 1988 Council adopted Attachment C removing these restrictions until April 15, 1989. ALTERNATIVES - 1. Table for further discussion. 2. Reconsider. 3. Repeal. 4. Leave as is. RECOMMENDATION - It is recommended thi»t this item be tabled . Council ’s March 27, 1989 meeting and Council make any comments they may have to the City Administrator prior to that meeting. PROPOSED MOTION - Moved by __, seconded by __, to table this * tern until the March 27, 1989 Council meeting and that Council make any comments they may have to the City Administrator to that meeting. Ayes __, Nays __. • * *. k »fw* *' • ORDINANCE NO.SECOND SERI ^ A WATER USE CONTROL ORDINANCE REGULATING THE USE OF WATER DURING PERIODS OF WATER SHORTAGE ^ 1 The City Council of the City of Orono ordains as followsi 3.'10_ _ _ _ _ _ is amended by adding the followingSection language : Section 1. Purpose. In order to avoid a water shortage due to inadequate capacity in water systems, to ensure an adequate water supply for fire protection, to protect the environment of Lake Minnetonka, to ensure the protection of subterranean aquifers, to maintain the quality of domestic water supplies, and to protect the general health, safety and welfare of the residents, the following regulations on non-essential water uses shall apply during periods of water shortages. Section 2. Implementation of Restrictions. Whenever the City Council shall determine that a shortage of water threatens the Ciiy, it may enact by resolution the restrictions for non-essential water use set forth in this ordinance. The resolution shall become effective 24 hours after passage and publication. The resolution shall contain the following information: (1) uses of water that will be restricted; (2) types of water supply which will be restricted, such as the public water system, private wells, lake or other surface water system; (3) times during which the restriction will apply; (4) whether the use restrictions will apply to all property in the City or will vary depending upon location or identification of property; (5) when the restrictions will be implemented and when they will terminate; and whether the restrictions will be voluntary or involuntary. Notice, (6) Section 3. Whenever the City Council enacts the restrictions in this ordinance, it shall take such action as is reasonably practicable to notify the general public of the restrictions. The notice shall be posted on the City's bulletin board and shall be published in the local newspaper. The notice s’.iall include the information described in Section 2 (1-6). 1 Section 4. Types of Water Suonly. The restrictions in this ordinance shall, at the discretion of the City Council, apply to the public water system, private wells, lake or other surface water systems, or any combination thereof. Section 5. Restrictions. During a water shortage the City Council may order one or any combination of the following restrictions; (1) a complete or partial ban on water use for watering lawns, trees and shrubs, irrigation, car washing, filling swimming pools, air conditioning, other uses determined by the City to be non-essential, or any combination thereof. (2) an odd/even watering ban in which residents of addresses ending in an even digit may water on even-numbered calendar days and residents of addresses ending in an odd digit may water on odd-numbered calendar days; (3) a limitation of water use for specified hours of the day; (4) a voluntary or involuntary restriction; (5) a use restriction applicable to or part of the City or based on land use or prc^.rsxvy identification; and (6) any other appropriate restriction. Newly seeded or sodded lawns shall be exempt from these provisions for a period of 30 days after installation, although no new seeding or sodding may begin after any applicable water use restriction is instituted. delegates to the City Administrator or his designee the water ise ban of muLc? sprinkling ban or a complete in the oLnfon of public system in Orono whenin the opinion of the Administrator or his designee that municinal suoofv^fS?'^" endLger Ihfsupply for domestic sanitation and/or fire protection purposes This would require ratification by resolution at the Councilnext regularly scheduled Council meeting. council s next Section 6. Termination. Any water use restrictions imposed by the Council during a water shortage shall terminate by resolution of the City Council. -2- Section 7. Effective Date. This ordinance shall be in full force and effect upon its passaqe and publication. ADOPTED this 25th day of of 4_ _ _ _ Ayes and July f 1988 by a vote Nays. Mayc^ I City Clerk 5087j -3- ^GtE=^'' ■ QRONO City of OROJN jlrrftcimeor^ RESOLUTION OF THE CITY COUNCI NO. 2479 A RESOLUTION ADOPTING A MANDATORY ODD/EVEN WATERING BAN OUTDOORS REGARDLESS OF SOURCE OF SUPPLY THROUGHOUT THE COMMUNITY WHEREAS, the City of Orono has a significant ongoing concern regarding its water resources; and WHEREAS, the City of Orono has reflected that concern in its adoption of Ordinance 53, of the Second Series as an amendment to the code Section 3.10; and WHEREA . the precipitation for 1988 is significantly below normal as was 1987; and WHEREAS, recent rains have helped alleviate some of the concern, however, there is still a substantial concern for the longterm situation. NOW, THEREFORE EE IT RESOLVED, that in accordance with Ordinance 53, Second Series the Orono City Council adopts a mandatory odd/even watering ban outdoors regardless of source of supply including lake or wells throughout the community to be in effect until further notice. The exception to this ban is use of water for seeded and sodded lawns as outlined in Ordinance 53, Second Series, Section 5 and is effective upon the Ordinance publication. Adopted by the Orono City Council on this 25th day of July, 1988. OF OHONa city of OROINC /Irruttesr d. RESOLUTION OF THE CITY COUNCIL NO.2496 A RESOLUTIOH REMOVING THE RESTRICTIONS OP THE ODD/BVEN REGULATIONS EFFECTIVE SEPTEMBER 15, 1988, BUT RE-IMPOSING THEM APRIL 15, 1989 WHEREAS, the City of Orono adopted Ordinance 53, Second Series, to regulate the outdoor use of water, regardless of source; and WHEREAS, on July 25, 1988, the Council adopted Resolution 2479, implementing an odd/even water regulation in the community regardless of source of water; and WHEREAS, the City did such because of significant dry conditions; and WHEREAS, subsequent to those restrictions being put into effect, substantial rains were seen in the area, and with the end of summer, the demand for water is markedly decreased; and WHEREAS, the City still maintains a concern for its on-going water resources. NOW, THEREFORE BE IT RESOLVED that the City of Orono appeals its odd/even outdoor water usage regulations, effective September 15, 1988; and FURTHER BE IT RESOLVED that the City re-imposes these regulations on April 15, 1989. 1988. Adopted by the Orono City Council on this 12th day of September, allin. City Clerk Jame^ R. GrabekT^ayoF TO: PROM: DATE: Mayor and City Council John R. Gerhardson, Acting City Administ• i-or March 10, 1989 nr rr .. »r i ^4 ^ . SUBJECT: Resolution of Recognition Lieutenant Gary Cheswick Attachment: A. Proposed Resolution Lt. Gary Cheswick of the police department has been employed by the City of Orono for twenty years. It is appropriate that we recognize the number of years of dedicated service that Gary has given to the City of Orono, therefore a resolution has been prepared for Council approval and presentation. RECOMMENDATION - That the Council approve Resolution #2586 recognizing twenty years of service to the City of Orono by Lt. Gary Cheswick. PROPOSED MOTION - Moved by seconded by __, to approve Resolution f 2586 recognizing twenty years of service to the City of Orono by Lt. Gary Cheswick. Ayes __, Nays • A RESOLUTION OP RECOGNITION LIEUTENANT GARY CT.ESWICK and WHEREAS, the City of Orono is a municipal coLporation; WHEREAS, the City does take the opportunity to recognize its outstanding employees; and WHEREAS, Gary B. Cheswick became a police officer with the Minnetrista Police Department in October, 1968; and WHEREAS, Gary B. Cheswick became an Orono Police Officer in February, 1979; and WHEREAS, Gary B. Cheswick was promoted to the rank of Sergeant with the Orono Police Department on March 14, 1983; and WHEREAS, Gary B. Cheswick was promoted to the rank of Lieutenant with the Orono Police Department on October 1, 1986; and WHEREAS, Gary B. Cheswick has consistently performed his duty in an exemplary manner; and WHEREAS, Gary B. Cheswick has received many commendations from the Department and letters of support from the citizens. NOW, THEREFORE, BE IT RESOLVED, that the Orono City Council recognizes the twenty years of faithful service to the City and its citizens by this resolution. Adopted by the Orono City Council on this 13th day of March, 1989. ATTEST:James R. Grabek, Mayor Dorothy M. Hallin, City Clerk Orono Adds Two New Police Officers 1 Orono village recently added •wo new polire officers to its department, bringing its force to a strength of six men. Offi cer John Jensen changed from nis Spring Park police uniform to Orono> Dec. 14 and Offi cer Cary Cheswick joined the ranks I'eb. 1. Jensen. 26. is single and is Jie son of Mr: • and Mrs. Leslie JenstiLol Mound. He is a 1960 gradual' of Mound High School'and sj^t nve ym in Jbe Aii» Force worit- iof in chaplain services ad- mimstraUoit Following his stint in. the service^ Jensen was emplosrecl aa a semi-truck driver fbr National PoodStores in Hopkina and'was a member M the. Mound Police* Re lerve tor dnd .jfeact He was * em- ^ JlNS|»irArared'Id "re place Witlia ns Kearioi* who re signed-from the rocce:in Dm cemher^ td---accept ' private employments’^. > r . <i A former Buffalo. Minn., re sident and a Buffalo High School graduate, he is mar-- ried and the father of one| child. He was formerly em ployed by Pinkerton Security. Guard and Cass Screw Co., Minneapolis. Cheswick. a Robbinsdaie resMent, attended North Heo- nepid Junior College, spent three years in the army and wu a member of the Minne- trista Police Reserse from. Octobe' 196t 'ontU be waa hired by Orono. Both officers will receive their required police training at either the Bureau of Crimi- naf' Apprehensioo (BCA) or the-Suburban Police Academy^ (SPA) this spring. The F and SPA are accredited po training ’centers in the roppUtanarear \^r- f from a applicants,^ i U "f . - \ ^ V.\ ■ V ' & \i JOHNJINSEN J Wizard of Id/By Brant Parker and Johnny Hart ri(5VV COf*B r Wve 12? Vtfc<5)c 43 T& <s^r4 /INP IN 20 re^P^r I<?l4'^1»u V^UPlfeU W^NT 12? V<t?PK F2?p THe .•^HePN/Vt&NT FiTP-Y0AfZ=r ^:lilPiNrw^ ' s . i •*! ;y; 4 '• . 4^VCi^ C>0C\^X>iim ]>• ' ■ ■'^■m — ««■ 3389.5 COUNCIL MEETING J«AR 131S3D CITY OF ORONOTO: Mark E. Bernhardson, City Administrator FROM: Tom Kuehn, Finance Director ' DATS: March 3, 1989 SUBJECT: Resignation of Assistant Finance Director On March 1, Robin Mikelson, Assistant Finance Director, gave notice of resignation of her position with the City to be effective March 16, 1989. Robin has been with the City since December, 1986 and has added to the efficiency and productivity of the Finance Department. We will miss her expertise. We wish her well in her new endeavors. As she has been employed less than three years she is not eligible for severance pay but will be compensated for any earned annual leave. I have started the process of employing a replacement and will have a recommendation as soon as practical. TO: FROM: Mayor and City Council Mark E. Bernhardson, City Administrat^ Forwarded recommending approval. PROPOSED MOTION - Moved by __, seconded by __, to accept the resignation of Assistant Finance Director Robin Mikelson effective March 16, 1989 and to authorize filling the position as soon as practical. Ayes__, Nays __. 3389.2 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrat DATE: March 3, 1989 SUBJECT: Girl Scout Week Proclamation -- > ••it w . Attachment: A, Proposed Resolution 7 Adoption of a resolution to proclaim the week of March 12th through the 18th as Girl Scout Week in tne City of Orono. DISUCSSION - This year the Girl Scouts are celebrating their 77th regonition of this achievement staff recommends that the attached resolution be adopted and that the week of March 12-18, 1989 be pr< claimed Girl Scout Week in the Citv of Orono ALTERNATIVES - 1. Adopt the proposed resolution. 2. Amend and adopt proposed resolution. 3. Choose not to adopt. 4. Table until a future meeting. RECOMMENDATION - It is recommended that the attached resolution be adopted. PROPOSED MOTION - Moved by __, seconded by __, that the Council adopt Resolution #_ proclaiming the week of March 12-18, 1989, as Girl Scout Week in the City of Orono. Ayes _, Nays _. cc: Chris Purington Director of Outreach in the Work Place Greater Minneapolis Girl Scout Council 5601 Brooklyn Boulevard Minneapolis, MN 55429-3074 3389.3 • ' ■: ‘ GIRL SCOOT WEEKr MARCH 12-18, 1989 WHEREAS, Girl Scouts of the U.S.A. recognized that today's girls will be tomorrow's leaders; and WHEREAS, Girl Scouts of the U.S.A. is the largest voluntary organization for girls in the world and draws upon a large resource of positive adult role models; and WHEREAS, the Girl Scout Movement continues to emphasize leadership and personal and career development for girls; and WHEREAS, our community and world will be the direct beneficiaries of the skilled young women who are Girl Scouts. NOW, THEREFORE BE IT RESOLVED, the City Council urges the citizens of Orono to support the Girl Scouts in their endeavors; by proclaiming the week of March 12-18, 1989, Girl Scout Week in the City of Orono. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held March 13, 1989. C James R. Grabek, Mayor ATTEST: Dorothy M. Hallin, City Clerk 3iu89.4 Mayor and City CouncilTO: FROM: DATS: SUBJECT: Administrator's Information John R. Gerhardson, Acting City Admini 7.‘'r*:oc March 10, 1989 . . . . ... . i: : STUN GUN - See attach»?d information. HIGm^OOD STORM Si^ER - Due to conflicts in scheduling the City Engineer and myself should be able to meet with Mr. Saurer during the week of March 13, 1989. GOAL SETTING STATUS - See attached information. NOI! Publication complies with all legislative standards as of date of copyright. Janu ary 1986, including chapter 1227 of California statutes of 1985. NOTICE: CHECK YOUR LOCAL LAWS TO DETERMINE THE LEGALITY OF CARRYING A NOVA IN YOUR AREA. TO VALiDATE WARRANTY; DETACH AND RETURN MAIL TO; NOVA TECHNOLOGIES. INC 2207 BRAKER LANE AUSTIN, TX 78758 NOVA XR-5000 & NOVA SPIRIT CONTACT PROBES SAFETY TEST PROBES SWITCH NO. 4.162.515 OWNER'S MANUAL CUPYRIGHI 1967 NOVA TECHNOl OGtES INC CONTENTS NOVA TECHNOLOGIES. INC. 2207 BRAKER LANE AUSTIN. TX 70758 INSTALLING AND REPLACING BATTERY: XR 5000 BATTERY RECHARGING XR 5000 POWER SOURCE XR 5000 APPnOVEl. BATTERIES XR 5000 Pf<WER SOURCE NOVA SPIRIT BAT TERY REPLACEMENT NOVA SPIRIT lESlING: XR 5000 & SPIRII MOW YOUR NOVA WORKS PROPER ME I HOD lO HOLD YOUR NOVA MOSI EFEECIIVE APPLICAIION POINTS EH EC IS mOM HIE NOVA WARNING PROPER USE FOR PERSONAL SAFETY WARRANTY VALIDATION 4 4 5 6 7 B 9 3 10 n 12 3 15 INSTALLING AND REPLACING BATTERY: XR-5000 1 Use an approved 9 voll Nickel-Cadmium battery onlyl 2. Be sure to place a lull charge or« battery prtor to tnstalling or attempting to use your unit. (Follow instructions on battery ) 3. Remove battery cover plate (located on the bottom ol the unit) by sliding it to either side 4. Hold the device so that your lingers and body are away Irom the contact probes—and well away Irom the switch 5. Snap ballery ontn battery clips 6. Place ballery in battery compartment with wires stretched Hat along Ihe inner wall. 7. Replace ballery cover YOUR XR-5000 IS NOW FULLY OPFRATIONAL. HOWEVER. PLEASE READ THE ENTIRE INSTRUCTION MANUAL BEFORE ATTEMPTING TO OPERATE luUR XR-50001 BATTERY RECHARGING: XR-5000 IN ORDER TO INSURE PROPER FUNCTIONING OF YOUR XR-5000. YOU MUST KEEP THE BATTERY CHARGED ACCORD ING TO THE INSTRUCTIONS PROVIDEDI II you don i use your XR 5000 except lo lost lire it on a daily basis, the Nl CAD battery should be recharged every 7 days You may test fire the unit (approx Vi to '/» seconds) once daily to insure the battery is working Testing Ihe unit more than once daily will reduce battery capacity, and require charging the ballery more Ircquonlly TEST FIRING THE XR-5000 FOR MORE THAN V4 TO Vt SECONDS AT A TIME MAY CAUSE DAMAGE TO THE UNII. ALWAYS RECHARGE THE BATTERY AFTER USING I ME XR-5000 TO DEFEND YOURSELF. To properly recharge Ihe ballery. follow these steps: 1. Remove ballery Irom unit (see INSTALLING AND REPLACING BATTERY) 2. Use a recommended battery charger lor the ballery you are using. 3 Pul Ihe ballery on charge according lo Ihe instructions ol Ihe manufacturer. The average memory battery time is 12-14 hours. The average non-memory ballery lime is 0 hours POWER SOURCE: XR-5000 The NOVA XR 5000 s only source ol power Is a rechargeable 7.2 volt ballery (commonly Known as a 9 voll ballery.) This rechargeable Ni-Cad battery is Ihe only type suitable lor use in the NOVA XR-5000 This ballery delivers Ihe necessary current while operating, with almost no voltage drop. Other types, including Car bon and Alkaline batteries, sutler a voltage drop resulting in tower output voltage and slower pulse rales Either of these problems may prevent your XR-5000 Horn operating ellectively The Ni Cad battery delivers lull voltage output until a recharge is necessary NOVA Technologies. Inc . its' aiilhoiired disliibiilnrs and dealers have available a non-memory Ni-Cad ballery package This is quite an improvement over Ihe standard Ni-Cad battery which, having a memory, requires total discharge prior lo recharging Do not leave your NOVA XR 5000 exposed lo extreme lemperalurcs Exlremo heal or cold build up such as can bo ex perienced in an uriallendod vninclo can disctiarge a battery lo dangerously low levels APPROVED BATTERIES: XR-5000 Approved batteries are; t GE NICAD rechargeable 2. Eveready NICAO rechargeable 3 Mallory NICAD rechargeable 4. Sanyo NICAO rechargeable NOVA Technologies. Inc has tested most jinmonly available bat leries. Only the live batteries listed in tins section provide arlcquate power lor use in the NOVA XR-5000 Wliile other batteries may pro vide sullicient power lor arcing across the test probes, they may not provide adequate power lor incapacitation POWER SOURCE: NOVA SPIRIT The NOVA Spirit utilizes a specialty designed. 9 volt Lithium battery as its' only acceptable power source This battery is not rechargeable and should be properly discarded alter its uselui lile. The 9 volt Lithium battery represents a “non-maintenance" power source. It has a shell lile (il not activated) ul 5 years when stored at ambient temperatures ol 75 degrees lahrenheil. The battery is capable ol producing sullicient power lor approximately 30 minutes ol use. The battery delivers the necessary current lor proper opera tion while experiencing virtually no drop in voltage Other types ol batteries may sutler a voltage drop resulting in lower voltage output and a slower pulse rale. Either ol these problems may prevent your NOVA Spirit Irom operating ellectively. The only acceptable 9 volt lithium battery is available through NOVA technologies, Inc . its authorized distributors and dealers. Other lithium batteries should not he subsliluled as they may not meet crilicnl specilicalions necessary to assure proper lunclioning ol the unit BATTERY REPLACEMENT: NOVA SPIRIT Each NOVA Spiril comes equipped with a 9 volt Lit‘’*um battery When replacement is necessary; 1. Obtain a recommended battery through NOVA Technologies. Ir>c. or one ol their authorized distributors or dealers 2. Hold the device so that your fingers and body are away from the contact probes—and well away from the switch. 3. Remove the battery cover plate by pressing it down and sliding it to the side (it will only go one way.) 4. Remove existing battery (do not incinerate alter discarding) and replace with an approved Lithium battery. 5. Make sure that the visible battery contact points match up with the contact springs in the battery housing of the device The device will not operate if the battery is installed backwardsi 6. Replace the battery cover plate by lightly pressing down on the battery and slidirrg the cover on. The springs in the frousing will automallcatly force the battery against the cover plate to hold it in place. 7. Do not remove the battery unnecessarily Althougti theia are r\o wires to break, battery removal could cause the spring type con tacts to lose tension. 8. Alter replacing the battery, test the unit to insure its operation. CAUTION: READ AND FOLLOW ALL INSTRUCTIONS NOTED ON THE LITHIUM BATTERY. Do not attempt to charge a lithium battery Pro|)crly discard it after its ellective use Do not use any battery other than those recommended by NOVA Technologies. Inc. TESTING: XR-5000 & SPIRIT Make certain that no part ol your hand or body is closer to the contact probes than the switch and safety zone plate (a distance ol approx. I'/t*'.) Getting closer than this to the contact probes may result in your receiving a shock. When you press the switch, a charge wilt fire across the test probes The unit will continue to lire as long as you hold the switch in. and will cease firing the moment you release the switch and allow it to return to the normal position. Fire a test charge ol only '/• to second duration. Do not lire the unit across the test probes lor more than '/» sec ond Firing continuous blasts can image the unit and void your warranty. (The XR-5000 and Spirit will not be damaged by firing the charge into an assailant through the contact probes even If you fired continuous blasts.) NOTICE: Refer to "EFFECTS FROM THE NOVA" lor actual usage. HOW YOUR NOVA WORKS When applied to a subject, the NOVA inleiiupis the tiny neurological impulses lhal travel through the body to control and direct voluntary muscle movement When a subject's neuromuscular system is overpowered and corv trolled by the NOVA, ho experiences disorienlalion, loss ol balance and usually remains in a somewhat passive condition lor a short time alter contact has ceased, allowing you the lime to escape and contact the proper authorities 9 Your NOVA achieves the desired eileci using elecirical discharge levels less than those already recognized as sale, nonlnjurious and nonlethal by medical and scientific communities. The NOVA discharges ^.n equivalent current of about .003 amps. The electric disci large by the unit has been tested, and is not enough to harm a person with either heart trouble or a pacemaker. The NOVA design leaves a cosmetic trace similar to two tiny mos quito bites, as evidence of use, but otherwise causes no cuts, burns, bruises or broken bones. Your NOVA is also efleclive through many layers of clothtng, in cluding leather jackets. The NOVA fires no dangerous projectiles, instead it requires direct contact with the body to repel or incapacitate an attacker. This leature causes the device to be defensive in nature and impractical lor offensive use. PROPER METHOD TO HOLD YOUR NOVA Hold the NOVA so you are activating the switch with your Index finger and your thumb extends around the unit. This provides you with a firm grip amd makes it difficult lor an opponent to knock the unit out Ql your hand. Do not hold the unit with your thumb on the activating switch This method will provide an incomplete grip and tlie unit can easily be knocked from your hand Itie NOVA should be held close to the user's body until the assailant moves close enough for contact You can then apply the NOVA. You should never thrust the NOVA at an attacker. MOST EFFECTIVE APPLICATION POINTS Althougli you may appty your NOVA to any part of the body lor a repelling ellect, the NOVA is unique in its’ ability to immobilize your attacker so that you may have lime to gel away safety. Seme areas are more efleclive tor you to touch Ilian others I As your first choice, touch the muscles that join the sides of the neck to the shoulders. Touch muscular areas rather than either fatty or bony areas Clothing does not usually matter so long as it is not over one-hall (Vj") thick 3 The areas most rapidly immobilized will be from the contact point and down on the body 4 If you are attacked from behind, you can either (a) reach around and touch them or (b) touch any part of them you can see or reach A try In avoid using the NOVA on the liead of your assailant I insioe uf>i’tn siioutDtiuiacN ? DtLOW mu rAoL EFFECTS FROM THE NOVA It siiould be noted llial one may bo able lo pievoni an attack by “test arcing" the device, thus causing a visual or psychological deterrent. Contacting the assailant with a short blast ol V* lo second dura tion will startle an attacker, cause minor muscle contractions and have a repelling effect. A moderate length contact blast of 1 to 4 seconds wilt begin lo relax the voluntary skeletal muscles, this can cause an attacker lo fall lo the ground and result In some mental contusion. It may make an assailant unwillirrg lo continue an attack, but he may be able lo gel up almost immediately. A full contact blast of 5 to 7 seconds can immobilize an attacker lo fall lo the ground and leave them weak and dazed tor some minutes. Afterwards there are no cuts, bruises, or permanent injury. However, there may be two red friction abrasion identification marks, similar to insect biles, which wilt disappear in lime NOTICE: Any contact blaat lasting over 1 second Is likely to cause your assailant to fall. If you do not help them down, the fall may Injure them CAUTION: The NOVA is effective on the majority of assailants. However, some individuals may have a high tolerance for elecliicily and may not be immobilized by the NOVA. WARNING: PROPER USE FOR PERSONAL SAFETY Tho use ol tfiis dovico for any purjroso olhor Ilian sell dolonse may conslilule a crime under itie law. The NOVA is not a handgun. Do not attempt lo defend yourself against an armed attacker. Allhougti the NOVA is non lethal and impractical lor offensive use. it is still a weapon and should be treated with respect. You are generally justified in u :ing force against another only when you believe you are in imminent danger and must protect yourself against ariolher s use or allempled use of unlawful force. You are justified lo use a NOVA only when your use ol force is juslified under ail applicable Local. Slate and Federal laws. The misuse of lliis device could result in criminal and/or civil penalties Do not lire the NOVA into large metal objects (metal window frames, metal lawn chairs, refrigerators, etc.), doing so can cause a kick back" which can give you a shock. If you must see the NOVA fire into something lay a small metal kitchen knife on a non conductive surface (wood, etc ). hold the NOVA so the contact probes are about '/i" from the object and lire a short V« to '/i second charge. NOTICE: When tiring the NOVA across the lest probes you will hear the loud snapping sound ol an electrical discharge You will not hear this sound when the contact probes are pressed against an attacker and the electrical charge is entering his body. Don't be alarmed at the lack ol sound under these condi tions, the NOVA will still be doing its job. Be cautious when operating the unit when either it. or your hands are wet While water won't arnplily the oulpul ol the NOVA, it is a conductor ol eleciricily and may carry the charge from the contact prulres lo your fiand CAUTION: The open spark of NOVA products can ignlle llamrnable liquids and gases. Exercise caution it llnmiiiable materials are suspected Do not use around llamrnable materials, vapors or anywhere you would not use a camera llashbulli. Keep away from children The NOVA is ric toy. Do carry the NOVA in your hand when in a p bly dangerous environment Keep it on your nighlsland when i. ?d and in your pocket, purse or somewliere witliin easy reacli at i other limes. Physical contact with the prot>es is necessary to acliieve the desired elleci Do reapply the NOVA on an attacker li necessary lor your salety WARRANTY LIMITATIONS Consumer units used loi LAW EMI ORCEMENI witl mv.itidate warranty LIMITED WARRANTY Nova Technologies Inc wa>ranit llils (Moducl to be lie* liom (teleclive maiefiai m tacloiy woikmanship and agieos <o lepaii at lepiaca such ptoducis wtacti. under normal use and setvico. drsctoie Iho delect lo be lire laull ol out maimlacluring. with no charge lor patls and service II we ore unablo lo repair or mplaco the products, we wVI make a rotund ol Iho purchai^e puce Our obligation uitder this watianiy Is lintiled to lepaking. replacing or making lelutto ol any product which proves to be deloctive waliin 2 years trorr the dale ot origiriai puichase To legislei a claim under iho provisions ol this warianly. return the pioduci to Nova lechnotogios. Inc . 2207 Biaket lane. Austin, TX IB/SS along wdh prool ol purchase (to- eluding dale ol purchoset. postage prepaid akmg wtth a check or money order lor seven dullBis and lilly cents lor postage arrd liandUrtg All waiianites implied by law aia hereby limiied to a period ol 2 years, and Uie provIsMais ol the wartaniy are expressly In keu ol arty oitier watranlies expressed or Imphed The purchaser r,groes to assume aH llobOrty tor any damages and bodily Injury which may losuli liorr. itie use or misuse ol Ihe prrtduci by Iho purchaser, and the rameikes p'ovtded lor In this warianly are eipressly in lieu ol any rllier hobiliiy Itova Technologies, toe may hove including mcidenlal or consequenlial dartiages Some slates do nol allow Ihe exclusion or bmiiallon ol incidenial or consequential damages, so Ihe above Hmilalion ry exclusion may nol apply to you No loprescnlolive ol Nova Teclinoiogros. Inc or any other peison Is auitiorl/ed to exiertd llte liobtiiiy ol Itova Tachnotogies. toe to connection with Ihe sale ol as product beyond the terms hereol This warianly givos you specilic legal im|IiIs. and you may have otlter nglils vrhich vary horn slala to slate BUYER S NAME: ADDRESS:_____ CITY:_________ PHONE(). PLEASE FILL OUT AGE STATE;. OCCUPATION:. DATE PURCHASED WHERE PURCHASED DEAIER S NAME:_______ ADDRESS _____________ CITY ___ STATE _ INTEROFFICE MEMO DATE: February 4, 1985 TO: Tom Radio FROM: Sgt. Gary Cheswick SUBJECT: Stun Gun Enclosed you will find information pertaining to the Nova 5000 Stun Gun. This device is presently being used by other federal and local law enforcement departments, and is currently being studied by the Orono Police Department After reading enclosed information from other law enforcement departments, and the findings from attorney and the doctors, we feel it would be a good alternative to the use of physical force when it becomes necessary. A sample policy pertaining to the use of the stun gun is enclosed. Let us know if you feel its guidelines cover its use and communicate with us on your findings. .nteroffice Memo 85-039 DATE; March 26, 1985 • TO; All Officers FROM; Chief Kilbo SUBJECT; City Manager New City Manager as of May 1st is Mark Bernards on, who is now the assistant manager of Edina. Interoffice Memo 85-040 DATE March 26, 1985 TO: All Officers FROM; Chief Kilbo SUBJECT: Stun Gun The Stun Gun is now approved for use. Streicher Guns has guarenteed price to those who wish to buy one for $44.95. Interoffic 4enio 85-0 42 DATE: March 28, 1985 TO: All Officers FROM: Cl.ief Kilbo SUBJECT: Stun Guns Now that the Nova Stun Guns are appr .ed for use, please make out a separate ICR each time the unit is used. Interoffic Memo 85-046 DATE: April 9, 1985 TO: All Personnel FROM: Chief Kilbo SUBJECT: Department Meeting There will be a mandatory *?Dartment meeting April 16, 1985 at 1400 hours. Agenda te.. - tively as follows: Fair Labor Standards Act and its impact Nova 5000 Training Crappie Contest 4-20 Easy Run 4-28 ORONO POLICE DEPARTMENT - DEPARTMENT MJ^.i.^AL 500.12(A) Purpose; The purpose of this Order is to establish guide lines for officers when using electronic device in an official capacity. Authorization A. Sworn officers in an on-duty capacity may carry an electronic device when such a device has been approved for use by the Chief of Police. Carrying an electronic device '.s optional: however, any officer who elects to carry such a device may do so only after receiving training on its use. B. The Nova XR-5000 (stun gun) manufactured by Nova Technologies, is hereby authorized for use by Orono Police Officers. The stun gun is a non-lethal hand held device that has a power source consisting of a 9 volt battery. Conditions of Use A. The stun gun may be employed by an officer against another person without that person’s consent in situations where the use of reasonable force is authorized consistent with M.S.S. 609.06, and then only when that person is physically resisting the officer’s efforts, or in in the act of assaulting another person. 1. M.S.S. 609.06 - AUTHORIZED USE OF FORCE Reasonable force may be used upon or toward the person of another without their consent when the following circumstances exist or the actor reasonably believes them to exist: a. When used by a public officer or one assisting him under his direction; (1) In effecting a lawful arrest, or (2) In the execution of legal process: or’ (3) In enforcing an orde;' of the court; or (4) In executing any other duty imposed upof? hinv t/ law .......... B. The stun gun may be used to subdue animals for the purpose of animal control. Th-« ?tun gun may be emplo*/ed as a warning device but only in circumstance? Justifying the authorized use of force. TACTICAL USE B. C. The stun gun shall not be used on or about the head area of any person. The ideal application point is any area of the torso immediately above the belt; however, appli cation is effective anywhere on the body, including the arms and legs. To immobilize a subject, a full charge of 2-3 seconds should be sufficient to cause disorient ation, loss of balance and leave him/her weak and dazed for 2-3 minutes. 1. A short <*arge of 1/4 to 1/2 second duration should startle the subject, cause muscle contractions and have a r«5pelling affect. 2. A moderate charge of 1-2 seconds can stun a subject, cause muscl*^ spcsms , some mental confusion and make him/hfir unwilling t^ cc^n- tlnue an attack, D. When the *^tun gun is at full charge the subject fe.ould be supported by the officer and :tssisted to the ground to prevent injury from sfaxling, E. After utilizing the stun gun, an oif<cer shall immediately restrain the subject while ne/she is still disoriented. POSb’ USE Whenever the stun ^un is use upon person *37 witho , his/her consent, the officer using e d<=»vi •*: responsible to submit a written report prior to off du‘_v V?;.ere an officer is uncblc due to injury to complete a report prior to rroing off duty, the report shp'l be r.ade at the eari st possible time thereafter, and submitted on an incident report lorm. memorandum 84-5? TO: ALL OFFICERS FROM: CHIEF DON DAVIS DATE: DECEMBER 19, 1984 RE: SPECIAL ORCER 16 Attached Is a copy of Special Order No. 16 on the use of electronic weapons 1e: the Nova XR-5000 stun gun. It Is Intended that effective December 20, 1984, a limited number of officers will be allowed to earn' the weapon for purposes of field testing In those situations which may require the use of reasonable force. Officers selected must have attended a one nour training session on the use of the device and provide the XR-5000 he/she will be using. At this time, thr department wi 1 not be pfchasing stun guns, carrying cases or the required oattenes. The officers who will Initially be authorized to carry the XR-5C00 are: Christensen, Eckman, Penaz, T. Peterson, Riley and Roehl. It should be noted that the device and Its potential use have been evaluated by Dr. Patrick Lllja, North Memorial Medical Center and James Larson, City Attorney. DEDtkb POADh 0009 12i20il5 10/17/04 RR AA hMPOL • OOOA 12i25:45 10/17/B4 FROH: STANLEY E. MClRRIS, DIRECTOR U.S. MARSHALS SERVICE TOi ALL U.S. MARSHALS AND SUBOFFICES ALL OPERATIONAL DIVISIONS SUBJt XR-5000 STUN CUN NEW INFORMATION C0NCER:{ING THE USE OF THE STUN GUN HAS BEEN developed since SUBJECT SOP HAS TRANSMITTED HI YOU IN AUGUST 1904. * CONTAINING NEU INFORNATiSn UNDERLINED. THE 80f IN AUGUST IS HEREBY RESCINDED. FOLLOVIMC PROCEDURES FOR THE USE OF THE XR-5000 STUN CUN ARE TO BE MADE AVAILABLE TO ALL USHS PERSONNEL WHO HAY USE THE CUN IN THE COURSE OF THEIR DUTIES. IT IS THE RESPONbIBILITY OF THE U S MARSHALS TO INSURE THAT ALL PERSONNEL UNDER THEIR SUPERVISION ARE AWARE OF THESE PROCEDURES. viaiun nivt . . »# • ; • STANDARD OPERATING PROCEDURES FOR USE OF THE XR-nOOO STUN GUN FOR USMS PERSONNEL ALL U.S. MAR OFFICES Hp^VINC ANY OFFICER USING THE XR-5000 STUN GUN WILL IMPL iMT THE FOLLOWING.SOP <STANDARD OPERATING PROCEDURES) IMMEDIATELY. THE SOP CONTAINED HEREIN MAY NOT BE ABRIDCE^IN ANY HAY| HOWEVER, U.S. MARSHALS HAY **'D REQUIREMENTS OR CONTRAINTS CONSISTENT WITH THE NEEDS OF HIS/HER DISTRICT. 1. READ THE INSTRUCTIONS WHICH COME WITH THE XR-5000 STUN CUN. 2. USE VOLT RECHARGEABLE NICKEL-CADMIUM BATTERY ONLY, MALLORY • OR C.E. BATTERIES ARE RECOMMENDED.. . 3. BE SURE THE BATTERY IS FULLY CHARGED. FOLLOW THE BATTERY MANUFACTURER’S DIRECTIONS. THE BATTERY SHOULD BE CHARGED EVERY NINE OR TEN DAYS ONLY. BE SURE BATTERY 18 WELL DRAINED OF POWER BEFORE RECHARGING. CHARGE BATTERY TEN TO TWELVE HOURS. 4. FIRE A TEST CHARGE OF 1/2 fo ONE SECOND DURATION BEFORE EACH DAY'S USE TO DETERMINE THE GUN IS READY FOR USE. KEEP HANDS AND BODY AWAY FROM CONTACT AND TEST PROBES. WHEN THE BATTERY IS FULLY CHARGED,. A BI.AST OF TWO TO THR£E SECONDS IS SUFFICIENT TO IMMOBILIZE AN<ATTACK' CAUSE DISORIENTATION, AND I CAVE HIM WtA.< AND DAZED FOR SEVERAL K /UlCS. A SHORTER BLAST OP A BATTER';' ^ . THAN EUILY CHARGED WILL CAUSE PROF ORTIONALlLE5C RLTULTS >HE STUN CUN IS USED ON A SUBJCCT, A BLAST EQUAL TO THREE 5 S WITH A FULLY CHARGED BATTERY SHOULD BE EMFLOrED. X«i#iw owiM wtiMU r%uor UUi • ESPECIALLY CAREFUL WHEN REMOVING OR INSERTIN'' THE BATTERY AND WHEN PLACING IT OR REMOVING IT FROM ITS . .STER OR POCKET. Dl NUT USE THE GUN k..£N IT OR YOUR HANDS ARC WET. 7. THE STUN GUN IS A DEFENSIVE WEAPON. IT IS NOT TO BE USED IN ANY MANNER EXCEPT IN CONTROLLING A BELICERENT AND VIOLENT SUBJECT. 8. THE OLDER MODELS OF THE STUN GUN SHOULD NOT BE USED IN WET \ CONDITIONS (RAIN, HEAVY DEW, ETC.) AS THEY ARE SUBJECT TO SHORTING AND CAUSING MILD SHOCKS TO THE USERS. 9. THE STUN GUN WILL OPERATE THROUGH CLOTHING AND HEAVY COATS. THE GUN MUST BE HELD TIGHTLY AGAINST THE BODY OF THE SUBJECT WHILE BEING USED. IT IS MOST EFFECTIVE WHEN USED IN THE AREA OF THE UPPER BODY. DO NOT APPLY THE STUN CUN TO THE MEAD OF A SUBJECT. 10. AT THE SAME TIME THE STUN CUN IS APPLIED, THE USER SHOULD TAKE A FIRM HOLD AROUND THE SUBJECT TO KEEP HIM FROM FALLING AND INJURINP-HIMSELF. THE ELECTRICAL SflOCK FROM THE GUN IS NOT 1RANSM1TTABLE AND HILL NOT SHOCK THE USER THROUGH THE SUBJECT. THE BEST APPROACH IS FROM THE REAR--GRADBING THE SUBJECT AROUND THE UPPER TORSO WHILE APPLYING THE STUM GUN TO HIS SIDE OR BACK. THIS WILL ALLOW THE USER TO LAY THE SUBJEGT DOWN WITHOUT HARM TO HIMSELF. t 11. THE BUTT PLATE ON THE CUN WHERE THE BATTERY IB INSERTED DOES NOT STAY IN PLACE WELL AND JHOULD BE TAPED. 12. A FULL REPORT WILL BE SUBMITTED TO THE ASSOCIATE DIRECTOR FOR OPERATIONS, U.S. MARSHALS SERVICE, WITH A COPY TO nAT, TRAINING, IN THE EVENT OF ANY USE OF THE XR-5000 STUN GUN BY A MEMBER OF THE MARSHALS SERVICE. THE REFORT WILL BE SUBMITTED BY THE PERSON USING THE CUN THROUGH THE CHIEF DEPUTY AND THE U.S. MARSHAL IN THE DISTRICT WHERE THE GUN WAS USED. THE REPORT WILL PE IN WRITING AND CONTAIN ALL THE ESSENTIAL ELEMENTS OF INCIDENT, INCLUDING THE f'v LOWING: A. NAME AND POSITIO- DP THE USER. B. TIME AND DATE OF EV^NT. C. NAME OF*THE SUBJECT. D. LOCATION OF THE INCIDENT. E. DESCRIPTION OF THE INCIDENT. F. SPECIFIC REASON FOR USING THE STUN CUN, E.G., SUBJECT'S USE OP SUPERIOR FORCE (GUN, KNIFE, CLUB, ETC.), EXCESSIVE BELIGERENCE AMD VIOLENCE (HITTING, KICKING, f ETC. >9 NUMBER OF SUBJECTS, OR ANY COMBINATION.OF REASONS. * • . 13. PARAGRAPH DELETED. 14. IN THE EVENT OF AN INCIDENT WHERE THE STUN CUN IS USED IN ROUTE FROM ONE DISTRICT TO ANOTHER,* THE USER WILL MAKE HIS REPORT IMMEDIATELY UPON ARRIVING AT HIS DESTINATION. HE WILL MAKE HIS REPORT TO THE ADO THROUGH THE CHIEF DEPUTY AND U.S. MARSHAL IN 1HE DISTRICT OF MIS EARLIEST OFFICIAL STOP. COPIES OF THE REPORT WTLL BE FORWARDED BY THE U.S, MARSHAL TO THE MARSHALS IN THE DISTRICT TO WHICH THE USER IS ASSIGNED, THE DISTRICT IN WHICH THE INCIDENT TOOK PLACE, AND ANY OTHER DISTRICT THAT MAY 'jIAVE A NEED TO KNOW. WHERE TRANSPORTATION OF PRISONERS IS INVOLVED, THE REPORT MUST BE HY^DE IN THE DISTRICT OF THE FIRST SCHEDULED STOP. %'V.I QQHL SBITUU cm cr dDC *87 910 - 1987 Council Strategic Planning Short IKum Objective *88 910 • 1988 Short Term Objective *89 STD - 1989 Short Term Objective Ml QOM.MaBi 1. OONiJNI'lY OEVELOPMQir IMK B. cm MKDgSHMOR 1 Mff 1988 - 30 APRIL 1989 (SJBCTIVB5 CWVPT 4/20/88 5/01/88 5/31/88 6/30/88 7/29/88 8/30/88 9/15/88 Revised for *89 Goal Setting 9/30/88 10/31/88 11/30/88 12/28/88 1/31/89 2/28/89 OKDB SnODS *87 910 Highway 12 A. Ooiqprehensive Plan Amendbnent 12 (5/87) Receive back from Met Council 5/15/88 Extension to 5/15 granted to Metro Council oUowing 4/8/88 meeting re: Urban la.«l demands 5/12/88 approved by Metro Council Metro Council Finad plan approval 6A5/88 Final Council approval 5/23/88 Zoning Amendments - Draft 6A5/88 <• Planning Coonission 7/1/88 consideration - Council consideration 8/10/88 Contracted with Shardlow 5/23/88 Draft from Shardlow to Council tc PC - 6/27/88 7/6/88 work session on draft 8/1/88 to be 2nd work session scheAiled 8/17/88 Public Hearing - P.C. recommendation to Council. Anticipate Council 10/10 10/10/88reviewed by Council - Anticipate 11/28tabled - To present again 1/9 1/9/89 Council requested iixlividual discussions (Held 1/16 - 1/31) 2r'27/89 Council again considers > to 3/13 mtg OOM. MBi 1. OONfJNm DeVELGPMENT cont. (BncnvB DHDB 8BM0B *88 910 *89 STO B. Corridor Selection Stidy Negotiations on utilities (L^ Lake-Medina) Ad Hoc Task Force Oonplete Phase 1 Proposed 1991 Inprovement Received Itr ':roai Medina ret aoce sewer/negotiations 6/24/88 Itesponded with letter 7/21/88 to Medina 10/1/88 Ad Hoc Task Force - 1st ■e-'ting 5A9/88 5/19/88 Meeting held 7/18/88 Meeting held 8/10/88 Meeting held - Reps to contact MtOot 9/19/88 Meeting h?ld - »Oot Diet. 5 present Re: naxiflun upgrade In current corridor 10/17 Highwy 12 Meeting of Mayors - prep for meeting with Transportation OoHeissioner 11/16/88 Meeting with »MX7r Oomissioner held Anticipate 1/89 meeting with Oannissioner/ Task Force in vicinity - CurrenUy attaspting to set date. ]/9/89 Unofficial Dist 5 ranks Highway 12 as #2 new construction priority 2/9/89 MhDOT conversation indicated plM not final - will contact us %fhsn ready Receipt of initial response to 1/9/89 Council 1/9/89 Council directs response - Staff to meet with MiDCT. 1/24/89 Meeting with MnDOT/Long Lake Navarre Redevelopmmt *88 STO *89 STO Engage consultants - Planning - Legal Initiate Goal/Objective Setting process 10 be determined 10/1/88 3/25/88 requested quotation from J. Shardlow regarding cost to do master plan development for area. 7/11/88 proposal adopted 10/88 Base/Background work being done 12/22/88 Planner/Staff held otg - Anticipate Council presentation 3/89. Oonplete Master Plan Study Determine Strategy to Implement f^xisidei' HRA formation Solicite ideeis/proposals Commoice if Decide to do 7/89 8/89 6/15/88 9/1/88 2/88 Bequest Attorney outline process required to establish 3/1/88 received outlines for establishment of HRA. Staff reviewing for coonent OON. ABA OBJBmVBS CtfOflS SHOOS 1. OOtONITY DEVELGPMEirr cont. *87 STO Oounty IS Developnent •88 STO •89 SIO '87 STO Oonnunity Transportation Plan *88 STO Determine desired 5/30/88 local aocawpanying iiqprovenents Financing plan 5/30/88 Oon¥)lete construction 12/1/Q8 Specied assesanent hearing 7/89 Refine capital improvement 7/1/88 program prior to 89 budget Determine bridge replacement B/1/88 program Issue of lighting to 2/22/88 Council meeting 2/22/88 Council considers lighting 5/23/88 Council approves lifting Conceptual approval 12/14/87 Financial revision propos^ 2/22/88 3/28/88 tabled to 5/23/88 5/23/88 approved financing Tb connence 4/15/88 All curb & gutter pavLtg & lights completed. Spring *89 balance of sidewalks and restoration Delay to project completion 8/11/88 meeting reviewed revised draft Proposal included in revised draft capical budget. Request for funding needs to be developed/subnitted. Anticipate bridge bonding request to 2/89 Council meeting '89 STO Continued analysis Public/Private 8/89 Evaluate Cty 116 7/1/88 1/23/89 3/17/88 received request from Medina 4/25/88 Council electa not to support Resolution 11/28/88 - Cty/Medina revised 116 to stop at Cty 6 rather than 12. Cty willing to go balance. 1/9/89 - 1/23/89 Council considers options Council to indicate opposition to Oounty Board. Tabled issue of City action if Oounty goes ahead to 2/27/89 meeting 2/27/89 discussed issue and again tables GOHL AREA OBJHCnVES DMS snaos 1. GOWflNm CeVELCPMENT cent. '87 STO Stom Hater Management Plan '88 STO '89 STO Oonn Dev - Direction and progress *88 STO •89 STO Review advisory/Policy bodies role/Mepecvisibili ties Review & revise as necesseu^y staff/advieory/policy body process for development review 6 execution working towards service & results oriented "No Surprises" process Enhance effective control on marinas 7/88 4/11/38 presented to Council. To be reviewed by Planning OoniLissian 11/88 Anticipate 7/11/88 dlsr jsion with Oouncil/PC reps. Tabled to 8/8/88 meeting Rescheduled for 11/88 89 Annual schedule to include 2 dates 2/6/89 (Mon, evening) and 7/29/89 (Sat. morning) 12/88 1/9/89 Council directs Marina Committee establishment for 1989. 1/23/89 Council tables to 2/6/89 Joint mtg. 2/6/89 Not discussed. Additional info to 3/27/89 meeting 2. QIVIRQMCIIIAL PROTBCnON •87 STO Stubbs Bay •88 STO •89 STO Conplete needs assessment Project feasibility Review Revised Feasibility 2/88 5/88 10/88 Determine assesanent area interest Financing options Determine 8/88 10/88 12/88 Anticipate needs assessment oonplet-ion 2/88 2/22/88 Information preseited Submitted request for feasibility update cost Feasibility study approved 6/13/88 Anticipate bo 11/29 meeting - Chmged tu 2/27/89. 1/20/89 Stall' .sviews significant issues with Attorney. 8/8/88 meeting - Council received Consider develc^ment moratorium 2/89 qng.Mn 2. QWTiattefaL PHTIBCnCN cont. CBJBCTiVm DMISS dlMRJB Solid VastB Management '89 SID If torpor la to - Initiate project - Project bid - CDrr«iunoB project - iissess project - Cmplete project 3/89 4/89 10/89 10/89 .\S3*taa recycling efforts to goal 6/88 Assess other avenues to meet goals 6/88 Including local oc*nposting Curbside Recycling 10/88 Review regulations regarding solid waste City in oonjunction with West Hennepin met '87 goal Qirrently exploring costs of selected curbside pick up - 8/17/88 staff has tour with potMitial contractors Presented to Council 10/10 10/24/88 Council directs initiation 12/12/88 contractor selected - \nticipate start prior to 2/89. 1/28/89 Containers distributed 2/1/89 Program connences 3/89 Review organized oollection if needed 9/89 QQHL ARA 3. GRSANIZXnGNAL DEVH/PMOTT 1989 Budget Process 1989 Legislative Program Team Building 4. SERVaCE DELIVERY •87 STO Facilities Study •88 SPO c&ncnvEs Dims 91MUB Oonmence 7/88 8/11/88 meeting held - *89 revisions Ocnplete 9/88 ;^roved 9/12/88 Assessment Board of Review 4/88 4/27/88 initial meeting held. Anticipate conclusion on 5/9/88 5/19/88 Board concluded Capit2d budget Adoption 8/88 Budiet Adoption 9/26/88 7/11/88 1989 Budget message/ Guidelines to Oo^-ncil Budget meeting set for 9/20/88 Budget adoption/mill rate to 10/10/88 10/10/88 Mill rate adopted 10/24/88 Budget adopted Ooraplete 12/88 10/88 Received Mfi policies At 11/28 meeting tabled to 12/12 12/12/88 Adopted Staff 1V88 Council - Consider Formats 2/89 Undertake if desired 3/89 Ph^lse II Con^letion 6/88 Tto Planning Coomisrlon for review 5/18/88 Site criteria to Council 9/26/88 Criteria/3rd site, adopted 10/10/88 Anticipated to 2/13/89 meeting Draft an2tlysis received 2/27/89 with follow i?) 3/8/89 informal meeting Inpleraent any reconnendations 7/88 GQM. MBOI OBJBCnVB DKES snaos 4. SEIVICZ ceUVEFOr cent. *87 910 Lang Range Financial Policy •89 910 Draft policy to Council 7/88 5. BOHUf RESOURCES Golf Course Aniisal Control Conpensation Council adoption Developnwit ot business strati Evaluate program 8/88 7/87 8/88 Explore Perfcxmance Incentive as addendixn to oontienaatlan plan 8/88 6. MARXETHC OoBBunity Information/ Newsletter Mayor's Articles Evaluation of system Ongoing 8/88 2/22/88 Initial draft capital budget discussed 10/10/88 Initied investment guidelines presented. Tb 11/14 for final review. A^ted inveataent guideline 12/12/88 1/31/89 City receives CSOA certificate for 1987 Financial Report Extended service to Long Lake/Spring Park/Minnetonka Beach-1988 Renewed aU 1 C.>r 1989 Formal plan to 2/88 Formal plan and adjustments presented 2/22/88 3/25/88 plan adopted 4/12/86 ooqp worth report submitted to State Subnitted 1989 plan to 12A2/88 1/9/89 Adopted '89 program Mayors's Article format to continue to 8/88 for next evaluation 8/22/88 Submitted review to Council 8/22/68 Council directs continuance of system , t , . w- LIST OP LICENSES FOR COUNCIL APPROVAL FOR MEF.riNG OP March 13, 1989 Septic System Installers -Elmer J. Peterson Co R. R. 1^2- Box 226 Delano, MN 55328 Sullivan’s Services, Inc 3660 Hvo* 101 South Wayzata, MN 55391 McCarty Water & Waste 6250 12 West Maple Plain, MN 55359 Daves Excavatings 6355 County Road 50 Carver, MN 55315 Home Occupation License (Secretarial Service) Marge Rossing (Marmet Secretarial) 130 Cygnet Place - Posi omce oox CITYof ORONO Crys^oi Bay, Minnesota 55323 SEPTIC SYSTEM INSTALLERS LICENSE APPLICATION BUILDLNC 4 ZONING - 473*7357 ASSESSLNG All questions must be answered. License fee, bond, certificate of insurance, and evidence of MPCA Certification or Home Sewage Treatment Workshop attendence must accompany this application. All applications are subject to a ten (10) day approval period. 1. 2. 3. 4. Business or trade name Business address Business phone Zlner J. Peterson Co. 471.8151 ?..R.y2 3ox 22S - Delano. liU 55323 972-2420Residei.ee phone Name of applicant or company representative holding MP-CA-v^i irr certification Alfred BraegeL-rrann ‘ Jaunes 3raegelnann - * '-•..-.-.a.'} " 5.InstallerType of certification held: _x Site evaluator _ _System designer PujttBer ^7 Tf Is this a Provisional Certificate? 6. Cert if icate If no Certificate is held, provide evidence of atteiidatice'"'at one of the On-Site Sewage Treatment Workshops held immediately prior the current construction season. 7.Have ou ever held a Septic System Installer license Orono before? Most recent year 19^3 8.Have you ever had a license revoked? Where? no When? 10. Do you do Municipal Sewer hook-ups? Yes_ 'Ou pump out septic tanks? Yes_x No i - P SUBMITTALS REQUIRED: X iC/P X 1. $25.00 license application fee. 2. $2000,00 license and permit bond naming City of Orono as obligee. Tne State Plumbers Bond will not be accepted. 3. $10-50-100,000 minimum Certificate of Insurance. 4. Copy of current MPCA Certificate or evidence of attendence at On-Site Sewage Treatment Workshop held immediately prior to current construction season. LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED. List persons other than applicant who kre apply for permits under your license. ../c authorik^d^y yo\ CITY USE jNLY The undersigned hereby makes ak.£.-ication ‘■ne City of Orono, Minnesota, for license to ir rtall repair septic systems, and/or pump out septic tan..s, s’J:ject to the laws of the State of Minnesota and the Ordinances of the City_of Oateyj^<!!^ S^/ Applicants Signatur e^^^^^^^^^^^/^xT^r Staff reconunendatioiT^Approva3/^*C!^ Denial Reason for denial: —-- - City Council Action* Date license mailed Date ^ Date Approved Denied GIT Y of ORONO Crystal Bay, Minnesota 55323 BUILDING <& ZONING - 473-7357 assessing SEPTIC SYSTEM INSTALLERS LICENSE APPLICATION ' All questions must be answer.^d. License fee, bond, certificate of insurance, and evidence of MPCA Certification or Horae Sewage Treatment Workshop attendencs must accompany this application. All applications are subject to a ten (10) day approval period. 1. Business or trade name 2. Business address 3. Business phone _ _ _ Residence phone 4. Name of applicant company representative holding MPCA certification j I r» j/*>. Installer_ _ _PumperType of certification held: _ _ _ _ _ _ Site evaluator _ _ _System designer -7-7<a Is this a Provisional Certificatei? Certificate No. f If no Certificate is held, provide one of the On-Site Sewage Treatment prior to the current construction se ^ of attendance.at., .03 held immediately L'i i'V 8. 10. Have Eou ever held a Septic System xnstaller license in.- ;rv Orono before? Most recent year /9'3"t .. —, i/ ^ ^ _ _ _ _ _ Have you ever had a license revoked? ju C When?_ _ _- -' Where? Do you do Municipal Sewer hook-ups? Yesj. Do you pump out septic tanks? Yes No •rru u. SOBMITTALS RnQOIRFD: 1. $25.00 license application fee. y 2. $2000.00 license and permit bond naming City of Orono as ^ obligee. The State Plumbers Bond will not be accepted. y 3. $10-50-100,000 minimum Certificate of Insurance. ly 4. Copy of cur ent MPCA Certificate o.r evidence of ?-»-tendence at On-Site sewage Treatment Workshop held immediately prior to . urrent construction season. LICENSES WILL NOT BE PROCESSED UNTIL ALL .^TEMS ARE SUBMITTED. :ty ;e rLY List persons other than applicant who are autl c «.zed by apply for permits under your license _ __ •cu 0 ■ci^ ofThe undersigned hereby makes application to the' City of Orono, Minnesota, for license to install and repair septic systems, and/or pump out septic tanks, suoject to the laws of the state of Minnesota and the Ordinor yfit t)f the City of or. AO. ^ ■ I / , Date .Jp- _ _ _.^PF1 ican15 Signature Staff recommendation Reason for denial: __ City Council Action Date license mailed Denial oau. 7.-7 i-6-9 Date Approved Denied CITTof OB«)NO Post Office Box b6 a Crystal Bay. Minnesota 55323 BUILDING 4 ZONING - 473-7357 assessing ■■'(i mar -71989 i9ia m All questions must be answered. License frr , ' hnnd , rrrt-j f i1 of insurance, and evidence of MPCA Certificatior^^Jf Home bew^qe J Treatment Workshop attendence must accompany \‘l\ i i ip^i I Mil 11 iii All applications are subject to a ten (10) day approval period. 1. Business or trade name Wg-lerH- WcL^-tc 2. Business address (p$.50 hkvU- IJ^ 3. Business phone _ _ _ Residence phone ^T7-S33P\ Name of applicanj^^r company ^representative holding MPCA certification / Type of certification held: _ _ _ _ _ _ Site evaluator _ _ _System designer Is this a Provisional Certificate? X PumperInstaller nc Certificate No. 7. If no Certificate is held, provide evidence of attendance at one of the On-Site Sewage Treatment Workshops held immediately prior to the current construction season. _ _ Have you ever held a Septic System Inatalh sr license iir,.-‘v;rj Orono before? _ _ _ Most recent year _ _ _ _ 8.Have you ever had a license revoked? pQ Where? When?I ■ Do you do Municipal Sewer hook-ups? Yes rr*-' .*•1 10. Do you pump out septic tanks? Yes A :ty 32 ‘ILY SUBMITTALS REQUIRED: $25.00 license application fee. -f11^ $2000.00 license and permit bond naming City of Orono as obligee. The State Plumbers Bond will not be accepted. ^J^^-^^0-50-100,000 minimum Certificate of Insurance. //15. 4. Copy of current MPCA Certificate or evidence of attendence at On-Site Sewage Treatment Workshop hf>ld__immediateiy~- - prior to current construction season. /^s\ i»^rc4. LICENSES WILL NOT BE PROCESSED UNTIL A^ ITEMS ARE SUBMITTED. List persons other than applicant who are authorized by you to apply for permits under your license _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The undersigned hereby makes application to the City of Orono, Minnesota, for license to install and repair septic systems, and/or pump out septic tanks, subject to the laws of the State of Minnesota and the Ordinances of the City of Orono./ / Date Applicants Signature Staff recommendatioi Reason for denial: City Council Action' Data license mailed Approval Denial Date 3-0-09 (/ Date Approved Denied ITYof ORONO Post — Crystal Bay, Minnesota 55323 SEP'T’IC SYSTEM INSTALLERS license application ■ applications are suDjec^Ai-u « Business or trade name /'l*Wg.*S — Business address Business phone ^^ /.o Residence phone 6. 7. 8. Name of applicai^ or .company representative holding MPCA.n,^ certification W/m .h Type of certification held: V ,vSite evaluator _ _^Systeinsigner ^ iTthis a Provisional^rtificate? - - certificate TO no rot-T i f icate is held, provide evidence of attendance at oL of^the On-Site Sewage Treatnent Workshops held immediate y prior to the current construction season. Have you ever held a Septic System Installer license in Orono before? /1/Vt Most recent year - - - - Have you ev_r had a license revoked?/il^ When? - - - -- Where? \ Do you do Municipal Sewer hook-ups? Yes X . No______ _ _ NO V10. Do you pump out septic tanks? Yes O u — 15 fuU “iC-o *. r * SUBMITTALS REQUIRED: /iQ'H25.00 license application fee. ^^^ct2^2QQQ.Q0 license and permit - - «^bligee. The State Plumbers Bond wz.ll not be accepte^ Fzy dSi/3?^10-50-100,000 minimum Certificate of Insurance. —yAflicoDv of current MPCA Certificate or evidence or attenaence-^^—= On-Site Sewage Treatment Workshop held immediately prior to cxirrent construction season. LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED. 0 CITY OP ORONO P.O. Box 66, 133 Crystal Bay, MN So Brown Rd 55323 Acplication Pats; ^ ^ ^9 Date License Approved; Date License Expires: APMICATIO n 'pOR annual home occupation ilCEHSB - FEEj ?30.00 NAME: Jj It ,Y<.i it Si.f i' !^ ADDRESS/; /O . ^ CIT^ :-C^-J/yC- - - - ^ JJ ' ^ ,No. of Employees within operation:__/_ _ _ _ ' 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 on the second and fourth Monday of each month. “ —-lia** ORONO MUNICIPAL CODE REGULATIONS ON HOME OCCUPATIONS-, . .,.. PURSUANT TO SECTION 10.20, SUBDIVISION 4 (C) isBacasa ;V Prohibited Home Occupation Practices. 1. VuvA :i-30.0^: 2. 3. 4. 5. 6. It is unlawful for any business operating as a home occupation to engage in op^ '.tion without proper licenses. . .. All persons engaged in the business must reside in the dwelling. 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 -iur;: ----- 7. uj/u=> -r^ r'« ; f CB PRREQOft y oj^s^rf ■ i wiroFOhJ*.; 3 YTD CURRENT 4 9 NAME DPT GROSS GROSS i } 0 ANDERS0r4, BRUCE L 31 7356.98 1466.45 i 7 BERNHARbSON, MARK E 12 10720.40 2044.08 0 BOeZlEN, SUE A 31 4432.30 882.41!»BOSMA, JAMIE L 12 2546.93 494.13trBRINKHAUS, JOHN F 42 7499.21 1619.15 t 1 CHESUICK, GARY B 31 7281.52 1460.56>;•CHRISTIANSON, SALLY 31 792 00 192.00 13 CORNICK, JAMES L 31 6845.64 1443.66 — M ENGLISHIIl, IRVING H 31 6729.93 1334.23 13 ERICKSON, KURT R 31 6738.27 1429.38 13 FISCHENICH, DAN T 31 6485.50 1325.97 ’7 FRITZLER, JOHN M 31 7001 90 1392.31 1tl SAFFRON, MICHAEL P 33 6231 87 1250.03 19 GERHARbSON, JOHN R 42 “8397707-~ T684';'2S“~r o GREGORY, JAMES D 42 6374.93 1504.14 HALLIN, DOROTHY M 12 5500.01 1103.20 HANSEN, STEVEN C 42 5245.03 968.90 ■ **1 HANSING, CAROL J 31 2552.61 494.44 JACOBS, THOMAS J 33 6231.84 1250.01••n JOHNSON, BRADLEY P 31 ''6861.45 “1417 rot •’P KILBO, MELVIN H 31 9037.60 1812.60 77 KNUTSON, CHARLOTTE A 15 4399.65 862.41 ;■«KUEHN, THOMAS M 15 8456.77 1696.32 ?o MABUSTH, JEANNE A 33 7466 59 1497.68 .10 MIKELSON, ROBIN A 15 4459.85 394.56 MORAN, -RARK F 31 7944.86““ 1467.t0 — r.2 1 MOROWCZYNSKI, JAMES 31 8372.79 1392.31 '1 NAAB, THERESA L 12 4355.09 838.29 M OBRIEN, RANOf L 92 5122 20 1279.78 J3 OMAN, LYLE E 33 5225.17 1048.08 13 QUAST, WAYNE A 92 5693.36 1169.56 17 RATHBUN, BARRY J 92 "5254.37 Tati.79 jn SASS, JOHN J 42 5792.00 1366.43 .79 SCHAUSS, CHARLES R 31 5529.40 1117.30 «io SCHEFFLER, LAURIE K 12 3704.52 ■740.86 1 *SKREEN, DALE S 42 5522.68 1327.56 4?STEFFENHACEN, RONALD 93 5508.72 1104.96 • 1 tHdriTON', MARK R 31 5963702 “1255.3T-" 41 TOMCHECK, LAURENCE F 31 6216.94 1299.32 -1'.T0MC2YK, MARK W 31 6654.26 1318.17 .13 1 7 WALSH, KEVIN L 35 868.71 212.76 M io _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _49,728.70 1 3"1 '. ll r, -♦ aatsaxBstteaBxaEBB _ _ _ _ _ _ _ _ _ _ _ __ 5 •■ ■% •M SS3CI ; 03/31/80 PR: b . CM PRRfcGOiry^ . / r - \jX^■-VWCA-»4 ..___ * YTD CURRENTNAMEDPTGROSSGROSS Call mHmM, tDlMRD J 1 1 785.01 841.67 GOETTEN,'J.blANN 1 i T25.01 241.67 GRABEK, JAMES t 1 900.00 300.00 NfTTLgS, _AL.AM_R . .-725 ._01 ^ , 241.67PETERSON, BARBARA A 1 1 725.01 241.67 • - - - - - ._ .—- - - - - - -1^266.66 40 41 42 4J 44 4U *47 4U 49 90 SI 92 43 94 39 96 cr PAYF 1989 CITY OF ORONO CHECK REGISTER 03-13-89 PACE 1 V CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. • r:078014 03/08/89 858.09 ALL STAR ELECTRIC 1988 PAYABLE 01-8040-000-00 258.09 • i ^ i ■078030 03/08/89 19.43 AT 6 T INFO SYSTEM DAT/TPROCESSTNC “^1-4340-039-T8 078030 03/08/89 19.43 AT * T INFO SYSTEM DATA PROCESSING 01-4340-059-14 !•078030 03/68/89 19.43 AT * T INFO SYSTEM DATA PROCESSING 01-4340-069-15 to;078030 03/08/89 38.50 AT 4 T INFO SYSTEM DATA PROCESSING 01-4340-189-31 lit'078030 03/08/89 19.43 AT 4 T INFO SYSTEM DATA PROCESSING 01-4340-174-33 !»*078030 03/08/89 19.43 AT 4 T INFO SYSTEM DATA PROCESSING 01-4340-2-. 18 *««-CK8 _ _ _9 I:*.•••-CKS 078034 078034 03/08/89 03/08/89 388.50 136.00 “464TB0 ANCHOR PAPER ANCHOR PAPER COPIER PAPER COPIER PAPER •ui 078038 078038 "-r 03/08/89 03/08/89 - - - - - - 078048 9- 078048 ij •r’ 1». *«•••• 03/08/89 03/08/89 81.00 81.18 48.T8' 78.00 8.00 ■&0700 V ANDERSON-BRUCE ANOERSON-BRUCE HEETINCS MILEAGE 01-1861-000-00 01-4810-189-31 01-4356-189-31 01-4381-189-31 •••-CK8’_ _ _ _ _?■ •••-CKS A8PLUND COFFEE ASPLUND COFFEE 1* ;•'* 078070 078070 03/08/89 03/08/89 8,549.94 2,569.^4 • BOARMAN 6 ASSOCIATES BOARHAN 6 ASSOCIATES MEETING EXP MEETING EXP SPACE STUDY SPACE STUDY 01-4388-189-31 01-4388-189-31 •••-CK8 *4' 15-4306-650-00 15-4399-650-00 •••-CKS 078187 03/08/89 078188 03/08/89 378.00 378.00 • 44.00 44.00 • COFFIN GRONBERG BOUNDARY SURVEY CONCEPT MICROFILM OTHER CONSULTING 01-4305-800-41 01-4306-174-33 •••-CKS T78f^ 078157 03/08/B9 TTS'.TS 179.73 • 03/08/89 855.00 855 00 • nCOPY DUP PR TNCr OAHLGREN SHAROLOU FEB “COPIES PLANNING CONSULTING 01-4810-189-31 •••-CKS' 01-4306-174-33 •••-CKS t989 CITY OF ORONO CHECK NO. DATE AMOUNT CHECK REGISTER VENDOR ITEM DESCRIPTION 03-13-69 PACE E ACCOUNT NO. INV. t P.O. t MESSAGE i_ __^7818?_ “ 072189 03/08/89, 03/06/89 30.00 „ 45.00 75.00 • E H RENNER * SONS E H RENNER i SONS WELL SCHOOL CAFFRON_ _ _01-4356-174-33 UELL SCHOOL OMAN' 01-4356-174-33 •••-CKS 078872 072272 072272 072272 078275 0Y2275 078875 072875 072875 03/08/89 03/08/89 03/08/89 03/08/89 072280 078303 03/08/89 03/08/89 "03/08/89 03/08/89 03/08/89 77.46 24.84 37.28 12. 12 443.55 93.35 "541. 20“ 93.35 191.00 C 4 K_SERVICES^ G « K SERVICES C 6 K SERVICES G 6 K SERVICES 151.70 • CROUP HEALTH INC GROUP HEALTH INC CROUI^EALTH INC CROUP HEALTH INC CROUP HEALTH INC MAINT BLDGS CLOTHINC CLOTHING CLOTHING HOSP MAR HOSP MAR HOSP MAR HOSP MAR HOSP MAR 1 ,762.45 • 03/08/69 94.83 HACH CHEMICAL CO . . . . .. . . TESTING KIT 01-4343^129-31^ 78-4281-549-91 73- 4221-569-98 74- 4821-590-93 444-CKS 01-4151-181-31 01-4151-126-31 01-415f-189-3r 01-4151-174-33 74-4151-590-93 •••-CKS 78-4234-549-91 03/06/89 374.50 374.50 • •••-CKS 'hENfrcTY“Fl?rDlV~‘3AN CHAlfCCB'“OT -435r-oeo^T8r’ •••-CKS" 072305 072306 072330 03/08/89 16.35 16.35 • 03/06/69 39.03 39.03 • HENN CTY DEPT TAX POSTAGE 01-4381-040-13 •••-CK8 03/06/69 66.67 66.87 • HENN CTY SHERIFF DPT JAN BOOKING 01-4356-060-16 ICMA RETRMNT CORP 1CMA"2/26 “T0 375 •••-CK8 Oi-4r4o^::W9^i2" •**-CK8 072363 072363 072397 _03/ 08/89 03/68/89" 03/08/89 92 00_ _ 20.16 112.16 * 60.69 TOM JACOBS TOli JACOBS KUEHN-THOMAG MILEAGE MILEAGE MILEAGE FEB 01-4381-174-33 "01-438 1‘-T74-33' 01-4381-069-15 6*»-CK8 1989 CITY OF ORONO CHECK NO. DATE CHECK REGISTER AHOUNT VENDOR ITEM DESCRIPTION 03-13-89 PAGE 3 ACCOUNT NO. INV. • P.O. • MESSAGE 072397 072397 072404 03/08/89 03/08/89 03/08/89 10.99 5.50 KUEHN-TH0MA8 KUEHN-THOMAS 77.18 • 55.89 55.89 THE LAKER MILEAGE FEB MILEAGE FEB 01-4381-174-33 73-4381-569-92 •••-CKS _ _ _ _1 ROAD RESTRICTIONS 01-4322-249-42 •••-CKS 078435 03/08/89 3.78 LOG IB -SUITE ■355”labels 0 r^4210-174-33 17 072435 03/08/89 20.42 LOG IS -SUITE 300 LABELS 01-4210-895-65 * ^ 072435 03/08/89 492.91 LOG IS -SUITE 300 LOGIS ADMIN JAN 01-4352-069-15 tz 072435 03/08/89 197.17 LOG IS -SUITE 300 LOGIS ADMIN JAN 01-4352-129-3T 072435 03/08/89 246.47 LOG IS -SUITE 300 LOGIS AOMIN JAN 01-4352-174-33 :i 072435 03/08/89 6,782.00 LOGIS -SUITE 300 CLASS 2 ASMNT 01-4354-069-15 072435 03/08/89 411.93 LOG 18 —SUITE “300 DATA PROCESSIN6 JAN 01-4355-069-15 072435 03/08/89 702.59 LOGIS -SUITE 300 DATA PROCESSING JAN 01-4355-129-31 *■9 072435 03/08/89 321.35 LOGIS -SUITE 300 DATA PROCESSING JAN 01-4355-174-33 ms Zr 072435 072435 072435 03/08/89 03/08/89 03/08/89 66.71 - - - 81.33 26.36 "LOGIS'- SUITE 300 " LOGIS - SUITE 300 LOGIS - SUITE 300 1988 payable LOGIS ADMIN JAN DATA PROCESSING JAN 72-2040-000-'00' 72-4352-549-91 72-4355-549-91 £»( >• 072435 03/08/89 193.31 LOGIS - SUITE^OO 1988 payable 73-2040-000-00 072435 03/08/89 165.14 LOGIS - SUITE 300 LOGIS ADMIN JAN 73-4352-569-92 072435 03/08/89 54.22 LOGIS - SUITE 300 DATA PROCESSING JAN 73-4355-569-92 9.76S 69 • •••-CK8 072437 -072^37^ 03/08/89 03/08/89 68.31 69.14 137.45 • CITY OF LONG LAKE CITY OF LONG LAKE DEC FEB FLASHER MAXNT L8 HARRINTN 01-4325-249-42 73-4344-569-98 •••-CK8 072439 03/08/89 6.21 6.21 « LONG LK FORD TRACTOR '07244T 072441 T3708/89' 03/08/89 ■072"4§'9~ 072459 07246T 072467 5370 878T 03/08/89 ■03708/89 03/08/89 ■tt:7s 16.50 28.25 « ■VT115^r.38^— 15.61 1,176.93 • 195.30 97.85 rONC LAKE”TIRE LONG LAKE TIRE EQUIP PARTS “MAINT AUTO MAINT MISC EQUIP 01-4232-249-42 01-4341-290-6! 01-4342-249-42 •••-CKS •••-CK8 ■MACQUEEN EQUIPMENT MACQUEEN EQUIPMENT MED CTH HEALTH CARE MED CTR HEALTH CARE EQUIP PARTS EQUIP PARTS HOSP INS MAR H08P INS MAR 01-4232-849-48 01-4232-249-42 •••-CK8 01-4151-039-18 01-4151-069-15 t«l • «Ol I4I 1989 CITY OF ORONO CHECK REGISTER AMOUNT VENDOR ITEM DESCRIPTION 03-13-89 PACE 4 ACCOUNT NO. INV. t P.O. • MESSAGE 07253S /i i i»!078467 03/08/89 97.85 MED CTR HEALTH CARE H08P INS MAR 01-4151-186-31 ; 3'078467 . 03/08/89 191.01 MED CTR HEALTH CARE H08P INS MAP 01-4151-174-33 078467 03/08/89 888.86 MED CTR HEALTH CARE HOSP INS MAR 01-4151-849-48 078467 03/08/89 888.86 MED CTR HEALTH CARE HOSP INS MAR 01-4151-889-48 078467 03/08/89 888.86-MED CTR HEALTH CARE HOSP INS MAR 01-4151-889-48 871.87 * !1 •'w««-CKS 07847A 03/08/89 10,773.86 METRO U^ iTE CONTROL MARCH SERVICE 73-1888-000-00 i‘«i 10,773.86 * 14 Mt •••-CKS 078485 03/08/89 89.40 MPLS OXYGEN CO ‘UTILITIES 01-^384-849-48 'it' he 89.40 * it* ’-0; i*'' 9«*-CR8 078490 03/08/89 81.08 MINNECASCO UTILITIES 01-4384-189-31 6T'e.'490 03/08/89 563.51 MINNECA8C0 UTILITIES 78-4384-549-91 078490 03/08/89 39.91 MINNEGASCO UTILITIES 73-4384-569-98 .34 _ 684.50 • Its \Z7 ««*-CKS fit.078495 03/08/89 7.00 ““mN BENEFIT assn LIFE INS 01-4158-186-31 ■ iii as' 7.00 • •ai''^••-CKS 31 1«;078498 03/08/89 138.17 MN CELLULAR TELE TELEPHONE 01-4380-189-31 138.17 • 03/08/89 34.56 34.56 * MOROUCZYNSKI/JAMES MILEAGE 01-4381-189-31 »••-CKS 072574 <0 078568 03/08/89 483767 NSP UTILITIES 01=4384-099-17 -- 078568 03/08/89 195.86 N8P UTILITIES 01-4384-189-31 078568 03/08/89 8.75 NSP UTILITIES 01-4384-175-34 078568 03/08/69 196.16 NSP UTILITIES 01-4384-849-48 ‘47 078568 03/08/89 19.91 NSP UTILITIES 01-4384-890-61 078568 03/06/89 1,309.89 NSP UTILITIES 78-4384-549-91 •4»078568 03/06/89 684.59 NSP UTILITIES"73=4384-569=98 t:078568 03/08/89 68.94 NSP UTILITIES 74-4384-590-93 03/08/89 8,897.79 • 569T06 “ 369.00 * OrFICE PROD OF MN SOiJNDENCLOSER ««*-CKS 14-4540-686=00 1989 CITY OF ORONO CHECK REGISTER 03-13-89 PAGE 5 CHECK NO . DATE AHOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. 8 P.O. • MESSAGE ; i ******•••-CKS : it J 072597 03/08/89 9.00 PUBLIC EHPL RET ASSN LIFE INS 01-4152-129-31 s i 9.00 •1 7 71 a •••-CKS 4 VJ • G 072621 03/08/89 762.00 PHYSICIANS HEALTH Hosp Ins mar O1-3872-OO0-OO ’ 072621 03/08/89 497.00 PHYSICIANS HEALTH HOSP INS MAR 01-4151-039-12 ir r 072621 03/08/89 306.00 PHYSICIANS HEALTH HOSP INS MAR 01-4151-069-15 tr 07265:03/08/89 2^0.10 ■ PHYSICIANS HEALTH H08P"ntNS~MAR 01-4151-126-31 17 ! 4 072621 03/08/89 1,213.30 PHYSICIANS HEALTH HOSP INS MAR 01-4151-129-31 072621 03/08/89 306.00 PHYSICIANS HEALTH HOSP INS MAR 01-4151-174-33 _ _?- 072621 03/08/89 879.00 PHYSICIANS HEALTH HOSP INS MAR 01-4151-249-42 Z 072621 03/08/89 92.00 PHYSICIANS HEALTH HOSP INS MAR 72-4151-549-91 : »072621 03/08/89 138.00 PHYSICIANS HEALTH HOSP INS MAR 73-4151-569-92 4 4,483.4<r“*Z: 07Z6SB 072628 0726S9 078628 072688 072628 072628 0786^8' 072628 072628 072631 072638 •••-CK8 03/08/89 03/08/89 03/08/89 ^3/08^9 03/08/89* 03/08/89 03/08/89 03/08/89 1,136 11,^64. SS7, 384. 348. 03/08/89 03/08/89 41 86 SO 26 336 94 14.588 40 59 1 0 85 so_ 57 90 70 W 58 30 39 • POPHAM HAIK 6 ASSOC POFHAn HAIK 6 A880C "POPriArt"KA!K~6“»8SOC~ POPHAH HAIK f ASSOC POPHAH HAIK 6 ASSOC POPHAH HAIK VASSOC POPHAH HAIK * ASSOC POPHAH HAIK 6 ASSOC POPHAH HAX K * ASSOC POPHAH HAIK 6 ASSOC POPHAH HAIK 6 ASSOC LEGAL LEGAL "XEGAt: LEGAL LEGAL LEGAL LEGAL LEGAL 1.EGAL LEGAL LEGAL RETAINER JAN PR08ECUTN JAN ■C0N80LT JAN~ CONSULT JAN CONSULT JAN CONSULT JAN CONSULT JAN CONSULT JAN CONSULT“JAN CONSULT JAN CONSULT JAN 01-4301-080-16 01-4302-080-16 "01^303-080=T6 01-4303-840-71 24-4303-408-00 24-4399-414-00 24-4399-^15-00 24-4399-452-00 24-4399^57-00 24-4399-458-00 73-4303-569-92 •««-CK8 03/08/89 1,617.00 1,617.00 m POLKA DOT RECYCLING FEB SERVICE 01-4392-295-65 •••-CK8 03/0fl/8T 70T0G— 70.00 • PRAT RI ^OFFSET ■POST CARDS "01-4210-174-33 072658 ■«««-CK8 03/08/89 7.00 T700 • R C INDENTIFICATIONS ID CARDS 01-4221-129-31 072675 •••-CK8 03/08/89 3,627.67 3,627.67 • ROLLINS OIL CO GASOLINE 01-1260-000-00 «*«-CKS 1989 CITY or ORONO CHECK NO_ _ AMOUNT CHECK REGISTER VENDOR ITEM DESCRIPTION 03-13-69 PAGE 6 ACCOUNT NO. XNV. # P.O. t MESSAGE 1 078749 03/06/69___ 94.35. . _8TREICHER8 BATTERIES 01-4232-189-31 94.35 • <««*.CK8 •072751 03/08/89 407.70 SUNDIAL BLDG SERVICE FEB SERVICE 01-4349-099-17 •072751 03/06/69 868.60 SUNDIAL BLDG SERVICE FEB SERVICE 01-4349-129-31 ‘t 690.30 * ••<••••«««-CK8 078615 03/06/89 49.09 US WEST COMMUN TELEPHONE 01-4380-039-18 t 078815 03/06/89 49.09 US WEST COMMUN TELEPHONE 01-4380-059-14 It 078615 03/08/89 ^84.55 US WEST COMMUN TELEPHONE 01-4380-069-15 ■T 078815 03/08/89'119.88 US WEST COMMUN TELEPHONE 01-4380-189-31 t 078815 03/08/89 59.00 US WEST COMMUN TELEPHONE 01-4380-189-31 078815 03/08/89 49.09 US WEST COMMUN Telephone 01-A380-174-33 i:078615 03/08/89 64.71 US WEST COMMUN TELEPHONE 01-4380-175-34 078815 03/08/89 49.09 US WEST COMMUN TELEPHONE 01-4380-849-48 •u 078815 03/08/89 9.81 US WEST COMMUN TELEPHONE 78-4380-549-91 078815 03/08/89 14.73 US WEST COMMUN TELEPHONE 73-4320-569-98 34 078815 03/08/89 51 .87 US WEST COMMUN TELEPHONE 74-4320-590-93 24 078615 03/08/89 86.60 US WEST COMMUN TE' EPHONE 74-4380-S9(T-93 19 078615 03/08/89 111.84 US WEST COMMUN Al-vERTISING V4-4383-590-93 .;_ _^67e^7S_*_ _ : s: »«*-CK8 9 ■078640 03/C8/89 88 00 WAYZATA AUT0~SERV EQUIP PARTS - 01-4838-849-48 .i M 88.00 • **072641 03/06/89 57.93 -WATER PRODUCTS'CO - EQUIP PARTS-78-4237S-S49-91 IS le 57.93 • 3?••****■ ***-CK8 SP 072875 oUso09Vo<o8 25 WRIGHT HENN ELECTRIC UTILITIES 01-4384-849-48 8.85 •1 1 4 . ' 42 •••-CK8 43 ! 44 072901 03/08/69 38.71 CHANNING BETE CO BOOKS 1 01-4840-189-31 4S 36.71 •( 4« 47 078908 03/08/89 879.99 BEST BUY SANYO VCR 01-4560-189-31 J 4t 078508 03/08/89 59 99 BEST BUY CAMCORDER CASE 01-4560-189-31 078908 03/08/89 319.00 BEST BUV HaGN T9 REMOTE ■ 01-4560-189^1 ir 078908 03/08/89 868.00 BEST BUY MAGN CAMCORDER 01-4560-189-31 1* 546_^98 •_ _ _ • - 078903 03/08/89 84.34 TELEDYNE TOTAL POWER OIL DIG FLYWHL < 01-4238-849-48 i.84.34 • •3 5«072904 03/08/89 320.85 WHEELER LUMBER DOMED POSTS 01-8040-000-00 1989 CITY OF ORONO CHECK NO. DATE 072904 . 3' 072905 072906 072906 072906“ lai 7j-072907 ■072908 - -67290^ |i_ _ _ _ _ _072910 '»• 072911 03/08/89 03/08/89 03/08/89 03/08/89 03/08/89 03/08/89 03/08/89 T370I/89 “037^/89” 03/08/89“ AHOUNT CHECK REGISTER VENDOR ITEM DESCRIPTION 366.00 UHEELER LUMBER DOMED POSTS 03-13-89 PAGE 7 ACCOUNT NO. INV. 8 P.O. » MESSAGE 12-2040-000-00 105.00 105.00 • ROBERT L INNES .50 30.00 1 .50 32.00 • ■2oToO ~ 20.00 * HEAT N CLOU HEAT N CL^U HEAT N CLOU “HUT4TCt2AL~CL£RKS“ AND SNOWPLOW SIDEWALK^ RUFUND RUFUNO RUFUND 01-4331-249-42 01-2222-000-00 01-3133-000-00 01-3517-000-00 25.20 25.20 « 15.00 • FISCHENICH DAN “RATHBUN BARRY' 189.00 189.00 « r/B79.80 1,579.80 • NCSAUUA “HUR“ ORD COD I FTER“I NC 44,524.34 366.00 ■ 369.00“ 2,569.64 _ 951.15 2,516.21 12,284.98 455.77 FUND 01 FUND 12 FUND 14 FUND 15 FUND ^4 FUND 72 FUND 73 FUND 74 TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL CCERK8~CERTIFICATI0N ffr=43ff0^30-12 MILEAGE SCHOOL "01-4381^129-3 r "73-43S6-569-92 UATERUCRK8 SCHOOL ■72-'43S6-549^T X RECODIFICATION “ST no 1 •=4306-299-72 »*,-CKS GENERAL FUND PARK FUND IMPROVE 4 EQUIP OUTLAY BUILONG CAPITAL OUTLAY F PERM IMPROVE REVOLVING F water OPERatING FUND SEWER OPERATING FUND GOLF COURSE OPERATING FD 64,037.09 TOTAL ACCOUNTING REPORT GEHUNIS FINANCIAL SYSTEM 03/0B/B9 PAGE 1 I > — USER 00 1909 CITY OF ORONO r NUMBER OF REPORTS,1 1 UPDATE DESCRIPTIONS 0 FINANCIAL REPORTS 1* ;e NUMBER OF UPDATES 0 SUMMARY FILE 0 SCHEDULED RUN DATE 000000 i: 1 • NUMBER OF RECORDS PAYROLL A REPORT DATE 000000 «ie LEVEL 1 095 BENEFIT ACCRUAL Itt LEVEL fi 0 ACTIVITY REPORT 0 ACTIVITY REPORTS Ita (14 MS LEVEL 3 0 CHECK REGISTER 3 SCHEDULED RUN DATE 030889 !•LEVEL 4 0 TRIAL BALANCE 0 REPORt DATET"031369 t7 19 LEVEL 5 es BALANCE SHEET 0 IS jte LEVEL 6 0 REVENUE STATEMENT 0 PAYROLL POSTING OATES 000000 Itt . ... |ss »LEVEL 7 0 OPERATING STATEMENT 0 000000 isi LEVEL 8 0 BUDGET WORKSHEETS _ _ _ 0 I". >s tt1 LEVEL 9 0 CLEAR-CURR-MONTH 0 000000 'as LEVEL 0 8 CITY FILE OPTION 0 060000 •a:J PROJECT DEPART.. ’X lai TOTAL 9B4 CHART OF ACCOUNTS 1 l»4 MO. CHECK RECONCILE 0 >as ias YEAR TO DATE PERIOD oe :S7 tt I BUDGET RECORDS CREATED 0 J9t 140i 4t iss' »4t 1 <44 ! ut|1 !-•1 i47 Urn (4S. Uo itt IBS B4 — .fr _r 1989 CITY OF ORONO CHECK REGISTER AMOUNT ITEM DESCRIPTION ACCOUNT NO. INV. 02-88-09 PACE I • P.O. • MESSAGEraHC840103/03/89 100.00 100.00 * POSTMASTER POSTAGE PARKS SURVEY 01-4321-299-72 MANUAL A » 1 • HC8402 03/03/89 740.00 740.00 • IRS IRS LEVY UAHLSTROM 01-3790-000-00 MANUAL Yr— a t • •••-CK8 1-HC8404 03/03/89 344.15 1ST BANK LAKES FICA 1/23 TO 2/5 01-4142-039-12 MANUAL HC8404 03/03/89 246.78 1ST BANK LAKES FICA 1/23 TO 2/5 01-4142-069-15 MANUAL i'*HC8404 03/03/89 1 1 21 1ST BANK LAKES FICA 1/23 TO 2/5 01-4142-099-17 MANUAL !«»HC8404 03/03/09 30.67 18T BANK LAKES FICA 1/23 TO 2/5 01-4142-111-31 MANUAL HC8404 03/03/89 108.71 1ST BANK LAKES FICA 1/23 TO 2/5 01-4142-115-31 MANUAL !'*. HC8404 03/03/89 35.53 1ST BANK LAKES FICA 1/23 TO 2/5 01-4142-121-31 MANUAL !’*HC8404 03/03/89 16.83 1ST BANK LAKES FICA 1/23 TO 2/5 01-4142-126-31 MANUAL 't?HC8404 03/03/89 425 65 1ST BANK LAKES FICA 1/23 TO 2/5 01-4142-174-33 MANUAL !'«HC8404 03/03/89 2 33 1ST BANK LAKES FICA 1/23 TO 2/5 01-4142-185-35 MANUAL HC8404 03/03/89 473 23 1ST BANK LAKES FICA 1/23 TO 2/5 01-4142-249-42 MANUAL lie1 HC8404 03/03/89 33.35 1ST BANK LAKES FICA 1/23 TO 2/5 01-4142-290-61 MANUAL lit HC8404 03/03/89 96.01 18T BANK LAKES FICA 1/23 TO 2/5 72-4142-549-91 MANUAL lU;HC8404 03/03/89 154.58 1ST BANK LAKES FICA 1/23 TO 2/5 73-4142-569-92 MANUAL u HC8404 03/03/89 95.63 1ST BANK LAKES FICA 1/23 TO 2/5 74-4142-590-93 MANUAL 13<2.0^5.44 • it HC8405 03/03/89 137.50 PEOPLES BK LAKELAND BOND COUPON 42-2222-000-00 MANUAL 137.50 •—V ■ 2f HC8406 03 •C3 -e9 30 00 ST OF THE REGION CONFERENCE 01-4356-020-11 MANUAL ao 30 00 • -IS ■t' ■ •'i. iZ i«.HC8407 03/03/89 50.00 50.00 • POSTMASTER POSTAGE 01-4321-299-72 MANUAL t»-ijaa' tac HC8408 HC04O8 03/03/89 03/03/89 107.09 139.65 IMPERA 1/23 TO 2/5 PCRA 1/23 TO 2/5 01-4141-039-12 01-4141-069-15 MANUAL MANUAL taT HC8408 03/03/09 6.35 PCRA PCRA 1/23 TO 2/5 01-4141-099-17 MANUAL at HCB408 03/03/09 1,480.71 PERA PERA 1/23 TO 2/5 01-4141-111-31 MANUAL at)HG64^0j8_03/03/89 .. . .59.67 „ .PERA _ _PERA 1/23 TO 2/5 01-4141-115-31 MANUAL i4C,HC6408 03/03/89 434 33 PERA PERA 1/23 TO 2/5 01-41411-121-31 MANUAL 41 HC8408 03/03/89 634 09 PERA PERA 1/23 TO 2/5 01-4141-126-31 MANUAL i4a'HC8408 03/03/89 240 88 PERA PERA 1/23 TO 2/5 0,-4141-174-33 MANUAL 143*"'HC8408 03/03/89 267.80 PERA PERA 1/23 TO 2/5 01-4141-249-42 MANUAL 44>HC8408 03/03/89 18.87 PERA PERA 1/23 TO 2/5 01-4141-290-61 MANUAL _ _ _HC840e._ _.03/03/89 54,79 PERA PERA 1/23 TO 2/5 72-4141-549-91 MANUAL 4C 1 HC840e 03/03/89 87 48 PERA PERA 1/23 to 2/5 73-4141-569-92 MANUAL HC8408 03/03/89 54.12 PERA PERA 1/23 TO 2/5 74-4141-590-93 MANUAL ue 3.506 63 * •4» »C HC8409 03/03/89 10.00 COMM OF REV JAN SALES TAX 01-3500-000-00 MANUAL HC840_9 . .03/03/89 13.00 COMM OF REV JAN SALES TAX _ _72-2222-000-00 MANUAL %z 3Z 23.00 •(: 54 ******_ _ _ _ _ _ _ _ *»*-CKS ac ••HC8411 03/03/89 oo4-1ST BANK LAKES FICA 2/6 TO 2/19 01-4142-020-11 MANUAL •t'f 1989 CITY OF ORONO CHECK REGISTER 02-26-89 PAGE 2 CHECK NO JDM^_ _ AHOUNT VENDOR __ _ITEM DESCRIPTION .ACCOUNT NO. INV - P O- « MESSAGE _ _^ HC84I 1 03/03/89 333.S3 1ST BANK LAKES FICA 2/6 TO 2/19 01-4142-039-12 MANUAL z HC8411 jQ3ZII3/agL.05 1ST BANK lakes _FICA 2/6 TO 2/19 91-4142-069-15 MANUAL HC8411 03/03/89 13.03 1ST BANK LAKES FICA 2/6 TO 2/19 01-4142-099-17 MANUAL HC841 1 03/03/89 ai .22 1ST BANK LAKES FICA 2/6 TO 2/19 01-4142-111-31 MANUAL « f HC8411 03/03/89 103.17 1ST BANK LAKES FICA 2/6 TO 2/19 01-4142-115-31 MANUAL I • HC8411 03/03/89 36.84 1ST BANK LAKES FICA 2/6 TO 2/19 01-4142-121-31 MANUAL — HC8411 0-’/03/89 16.66 1ST BANK LAKES FICA 2/6 TO 2/19 01-4142-126-31 MANUAL •3 \ 1 _ _ _ttCB.4JJ_ _ _ 440 08 1 ST BANK LAKES FICA 2/6 TO 2/19 01-4142-174-33 MANUAL 1 Z HC8411 03/03/89 2.33 1ST BANK LAKES FICA 2/6 TO 2/19 01-4142-185-35 MANUAL ta HC8411 03/03/89 480.61 1ST BANK LAKES FICA 2/6 TO 2/19 01-4142-249-42 MANUAL * 4 ■ « HC8411 03/03/89 51 S3 1ST BANK LAKES FICA 2/6 TO 2/19 01-4142-290-61 MANUAL * • !• HC8411 03/03/89 89.03 18T BANK LAKES FICA £/6 TO 2/19 72-4142-549-91 MAIAJAl.17 HC8411 03/03/89 166.73 1ST BANK LAKES FICA 2/6 TO 2/19 73-4142-569-92 MANUAL 16 141 _ _ _HC84L1—_ 03/03/89 9S.63 1ST BANK LAKES FICA 2/6 TO 2/19 _ _74^41.42-5 9P-J93 _MANUAL 2,119.44 • •••-CKS U' 241 HC8413 03/03/89 2.00 UNIV OF MN TRANSCRIPT 01-4210-039-12 MANUAL Ml #918.00 *,zm— 1 JtTI •••-CKS JO) ZZi HC8416 03/03/89 375.00 GOVMT TRAINING CONFERENCE 01-4356-129-31 MANUAL Jji 375.00 •J4* 39 •••-CKS —5k 8,193.71 FUND 01 TOTAL GENERAL FUND 137 50 FUND 42 TOTAL 1966-76 INF BONO 0/5 FUN 46) 253.63 FUND 72 TOTAL WATER OPERATING FUND >'! 408.79 FUND 73 TOTAL SEWER OPERATING FUND 42l 845.38 FUND 74 TOTAL GOLF COURSE OPERATING FD 44 9,839.01 TOTAL 46 46 47t 46) ‘•j»o< *•1 Ml S4> 59 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - ««l aV 901 SO. •li •J - —- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mt -ti •41 1909 CITY OF ORONO CHECK REGISTER 01-31-89 PACE f J AMOUNT VENDOR ITEM DE3.CR1P11.QN ACCOUNT NO. INV.• P.O. • MESSAGE - ! M HC8373 __^ - 02/27/89 e.oo a. 00 m GOLDEN VALLEY CC MEETING 01-4356-129-31 MANUAL ♦ 3 3 _« It 1* It •••-CKS « 7 • 1 ■ A , n 1 HC8375 HC8375 02/27/09 02/27/89 OP/PT^AO 819.78 14.00 152.^17L- FIRST BANK LAKES FIRST BANK LAKES F1R8T _flANK J-AKE3_ _ _ _ _ _ FICA 88 ACCRUED FICA JAN FICA t-0-89 _ _ _ _ _ _ 01-2032-000-00 01-4142-020-11 _ _fll-4i42-Q3SL=ie_- 01-4142-069-15 01-4142-111-31 01-4142-115-31. MANUAL 1 ’, MANUAL M. MANUAt_ _ _ _L'4J 01 ■1 ai HC8375 HC837S 02/27/89 02/27/89 1 1 0 78 53.03 66 83_ FIRST BANK LAKES FIRST BANK LAKES FIRST BANK LAKES FICA 1-8-89 FICA 1-8-89 FICA 1=9-69 MANUAL MANUAL 14 15 IS 3 4 HC837S HC8373 02/27/89 02/27/89 18.54 15.38 FIRST BANK LAKES FIRST BANK LAKES FIRST BANK LAKES FICA 1-8-89 FICA 1-8-89 FICA l-e-89 _ . 01-4142-181-31 01-4142-126-31 _ _ _ftl -41.42rlT.4=33 ^ - 01-4142-249-42 01-4142-290-61 72-2032-000-00 MANUAL MANUAL MANUAL . *st 'SI . 301 3 MrA"?7^Oe/27/89 - _ _ _ _218*50 _MANUAL MANUAL MANUAL 2t, r m HC837S HC8375 02/27/89 02/27/89 OP yP7/AO 244 56 33 23 79.07 FIRST BANK LAKES FIRST BANK LAKES FIRST BANK LAKES FICA 1-8-89 FICA 1-8-89 J=^JCA-^B8-ACCRUED ZZ 13 ‘ £4, 19- • 0 t _Dv.»w7w MC837S HC837S vc.r c f F Q-V 02/27/89 02/27/89 OP/P7/B9 79.07 84.09 B4.09 FIRST BANK LAKES FIRST BANK LAKES FIRST BANK LAKES _ _ _ FICA 1-8-89 FICA 88 ACCRUED AICA 1--8--B9. 72- 4142-549-91 73- 2032-000-00 73-41_4Er569~9fi MANUAL MANUAL MANUAL Ml ar- m a .4' MC8373 HC837S 02/27/89 02/27/89 46 43 46 43 2.165 98 • FIRST BANK LAKES FIRST BANK LAKES FICA 88 ACCRUED FICA 1-8-89 74-2032-000-00 74-4142-590-93 MANUAL MANUAL sot 11 32i M 9 mmmrnm* ••P-CKS >3 -»v 7 . .. . ._ . « __ _ ___. . - - -~0r-4^T-0^9-72 01-432’-059-14 01-4321-069=15 MANUAL MANUAL MANUAL sr M 9^ O HC337-' HC8377 02/27/89 02/27/89 02/.27/39 76 50 663.00 51 90 POSTMASTER POSTMASTER POSTMASTER . . POSTAGE POSTAGE ^postage. 3S. 4 % ■ 1 HC8377 MC8377 02/27/89 02/27/89 51.00 8 50 AAfl 00 m POSTMASTER POSTMASTER POLTAGE POSTAGE 01-4321-174-33 01-4321-249-42 MANUAL MANUAL 4U 43t 441 AMI 4' 9 4 HC8378 ur* ^ 02/27/89 90 52 147 78 postmaster postmaster POSTAGE ^POSTAGE _ 72- 4321* *91 73- 4321 - »>i»-92 MANUAL MANUAL 4EI 4#. 4T 441 i. VC/C r/^V 246.30 ♦90 HC838Q HC8380 HC8380 HC338I Hcsiaa .MCa282_ _0a/27/89. 02/27/89 02/27/89 60 00 • _720 00-„_ 720 00 720 00 _ PQSTHASTER POSTAGE POSTAGE POSTMASTER BRM PERMIT_ _ POSTAGE POSTAGE POSTAGE _ _01-4306-a99r72_—_HANUAU_ 01:^321-1.29-31 01-4321-129-31 01-4321-129-31 _,1ANUAL_ MANUAL MANUAL sa. 02/27/09 HC8T93 _HCa384 02/27/89 -02/27/89 .02/27/09 -_Q2/27/89 SO 00 _50.-00_*- 5 00 ._2S2 JIO _ 2S7 00 ♦ 120.00 120.00 • . A6 .65 - HOTEL SOFITEL LMC CONF NEW OFFICER 01-4356-020-11 MANUAL COMM REV SALES TAX COMM REV SALES TAX GOVT TRAINING SV BYRNE WILLIAMS DEC SALES TAX DEC SALES TAX ELECTED 0FFL_C0NF REFUND 01-3500-000-00 72-2222-000-00 .0ir.4_356-020-J 1_ 0l-3502-Cy;-M MANUAL ___MANUAL.. MANUAL J1ANWAI---- LL 3 * ‘ »* i-' ^ tai 1^ uiI 1989 CITY OF ORONO „CH!ICK_^O^D^TE______»HOUNT CHECK REGISTER _VEHD0R _ _ _ _ _ _ _ _ITEM DESCRIPTION. 01-31-89 PACE ACCOUNT NO. INV. » P.Q. » HE3SACE 16.65 • HC3385 02/37/89 100.00 100.00 * LEAGUE MN CTS Ttt; 77 HC8387 MC8387 HC8387 02/27/'89 02/27/89 02/27/89 HC8387 MC838T Jica3a:r_ HC8387 HC8387 -Hta387_ MCe387 MC0387 MC8387 02/27/89 02/27/89 .02/27/81 02/27/89 02/27/89 _.02/27/8.9 — 02/27/89 02/27/89 -02/27/B9__ 02/2T/89 96 89 2.117.25 • ___L8T_BANK^J_AKES 1ST BANK LAKES 18T BANK LAKES _15T.^BANK_LAKES. 1ST BANK LAKES 18T BANK LAKES _L8T.BANK LAKES 1ST BANK LAKES 1ST BANK LAKES 1ST BANK LAKES 18T BANK LAKES 1ST BANK LAKES _15T_BANK LAKES 1ST BANK LAKES HC8388 HCS388 -MC8388- MCS388 HC8388 MC83S8 02/27/09 02/27/89 _02/27/89_ 02/27/89 02/27/89 02/27/89 3.92 25 _ _ _.JIO . 37.78 1 05 _J.U39_ - PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH MC8388 02/27/09 16.20 PETTY CASH 12 HC8308 02/27/89 7.00 PETTY CASH 3J _ __02/27/89 2.50 J*ETTY_CA8M 14 HC0308 02/27/89 11.97 PETTY CASH IS HC0308 02/27/89 5.72 PETTY CASH.•>MC0308 02/27/09 1 20 PETTY CASH 98 7T • HC8389 02/27/89 ._ _ _ _ _B5.00_POSTMASTER HC8309 02/27/89 a 50 POSTMASTER**HC8389 02/27/89 59 50 POSTMASTER . HC838.9 02/27/89 .... 17_0.00 POSTMASTER HC8389 02/27/89 302.50 POSTMASTER 44<HC8309 02/27/89 199 50 POSTMASTER *5 050. 00 • .*1.•I HCS392 HC0392 .HCS392 HC3392 HC8392 J1C8392.. HC8392 HC8392 02/27/09 02/27/09 02/27/89 _ 02/27/89 02/27/09 02/27/89„_ 02/27/89 02/27/09 1,533.10 92.67 _ 62.69. . 911.67 37 02 _270 67__, 319 96 123.65 PUBL PUBL PUBL PUBL PUBL PUBL PUBL PUBL EMP RET EMP RET EMP RET EMP RET EMP RET EMP RET EMP RET EMP RET ASSN ASSN ASSN ASSN ASSN ASSN ASSN ASSN LMC CONF NEW OFFICER 01-9356-020-11 MANUAL 5« 7 ? FICA 1/9 JTO 1/22.01-9192-039-12 •••-CKS MANUAL * to 1 • 12 PICA 1/9 TO 1/22 PICA 1/9 TO 1/22 PICA 1/9 TO 1/22 01-9192-069-15 01-9192-099-17 01-9192-111-31 MANUAL MANUAL MANUAL 13 14 !<• 14 PICA 1/9 TO 1/22 01-9192-115-31 MANUAL IT PICA 1/9 TO 1/22 01-9192-121-31 MANUAL If t« PICA 1/9 TO 1/22 _Q1-41R2-126t11_ _ _ _ _ _. _ _BANWAL_ _ PICA 1/9 TO 1/22 01-9192-179-33 MANUAL Z- FICA !/9 TO 1/22 01-9192-105-35 MANUAL tt i: PICA 1/9 TO 1/22 01-9192-299-92 MANUAL 44 PICA 1/9 TO 1/22 01-9192-290-61 MANUAL »9 PICA 1/9 TO 1/22 72-9192-599-91 MANUAL Z4 17 PICA. 1/9 JT0_l/22_ _ _..J73-4192^569^2_ _ _ _ _ MANUAL 2m PICA 1/9 TO 1/22 79-9192-590-93 MANUAL 9C 3Z PARTS 01-9232-129-31 MANUAL SJ POSTAGE 01-9321-059-19 MANUAL POSTAGE 01-9321-069-15 _MANUAL_ _ __ _3* POSTAGE 01-9321-129-31 MANUAL 3' POSTAGE 01-9321-179-33 MANUAL 74 MAINT AUTO 01-9391-299-92 MANUAL MEETING 01-9356-129-31 MANUAL 4 1 MEETING 01-9356-299-92 MANUAL 4t 4J PARKING 01-9381-129-31 MANUAL 44 MEETING EXP 01-9382-020-11 MANUAL 48 MEETING EXP 01-9382-090-13 MANUAL 44 4? __POSTACE _ _ .73-9321-569-92 MANUAL 444 POSTAGE 01-9321-039-12 MANUAL 44- 90 »1 92 POSTAGE 01-9321-059-19 MANUAL POSTAGE 01-9321-069-15 MANUAL 99 93 POSTAGE 01-9321-179-33 MANUAL 94 POSTAGE 01-9321-295-65 MANUAL ■ 7 POSTAGE 01-9321-299-72 MANUAL 94 • 0- •••-CKS 41 44' 99 44' PERA 88 ACCRUED 01-2031-000-00 MANUAL «9 PERA 1-0-09 01-9191-039-12 MANUAL •7 PERA 1-0-09 _ _.01-9191-069-15 _ __MANUAL 04 PERA 1-0-09 01-9191-111-31 MANUAL tm PERA 1-0-09 01-9191-115-31 MANUAL 7; PERA 1-0-09 01-9191-121-31 MANUAL 72 PERA 1-0-09 01-9191-126-31 MANUAL f.ll PERA 1-0-09 01-9191-179-33 MANUAL 74 .il’' 2«l ‘•I -*> CITY OF ORONO CHECK NO. DATE__ CHECK REGISTER JiMQUHlL.__VENDOR______-ITEtLOESCFLIETlOK 01-31-09 PACE ACCOUNT NO. INV » P.Q. » MESSAGE HC0392 02/87/89 138 40 PUBL EMP RET ASSN PERA 1-0-89 I 3!MOATQP 02/27/89 tA A1 _ .PUBL- EMP RET ASSN PERA J-0-09 . ■ 4 t HC0392 02/27/09 44.75 PUBL EMP RET ASSN PERA 00 ACCRUED ,*!MC0392 02/27/89 44.75 PUBL EMP RET ASSN PERA 1-0-09 i«!MC8392 08/27/89 47.59 PUBL EMP RET ASSN PERA 80 ACCRUED i"!HC6392 02/27/09 47.59 PUBL EMP RET ASSN PERA 1-0-09 HC8392 08/27/09 26.27 PUBL EMP RET ASSN PERA 08 ACCRUED Isi 02/27/A9 PA P7 __PUBL EMP RET ASSN.PERA l-a-09_ _ _ ■H 3.696.16 « ij 86.20 PERA PERA 1/9 TO 1/28 M J.HC0393 02/27/09 4.22 PERA PERA 1/9 TO 1/82 14 HC0393 02/27/09 1 .41 PERA PERA 1/9 TO 1/22 tti HC0393.08/87/89 136.62 PERA _ _ _ PERA 1/9 TO J/22'•*HC0393 02/27/89 6.35 PERA PERA 1/9 TO 1/22 HC0393 02/27/89 1.528.90 PERA PERA 1/9 TO 1/22 HC8393 02/27/89 61.76 PERA PERA 1/9 TO 1/22 !’•!HC8393 02/27/89 459.02 PERA PERA 1/9 TO 1/22 sol HC0393 02/27/09 608.09 PERA PERA 1/9 TO 1/22 Sli MCH34^08/27/89 209 03 J»ERA _ _ _ _ _PCRA.l/7_T0.1/22 “1 HC0393 02/27/89 227.14 PERA PERA 1/9 TO 1/22 S3i MC6393 02/27/89 29.60 PERA PERA 1/9 TO 1/22 14(HC8393 02/27/89 58.85 PERA _ __ _PERA 1/9 TO 1/22 HC6393 02/27/89 120.88 PERA PERA 1/9 TO 1/22 -•MC8393 02/27/89 54.80 PERA PERA 1/9 TO 1/22 27 3.65? A7 « rm HC0394 02/27/09 036.50 PERRYS AUTO BODY 1908 PAYABLE 036.50 • 31! IS HC8395 02/87/89 118.50 BUSINESS ED SERV SCHOOL ■”l ur«iq«OP/P7/89 118.50 BUSINESS ED SERV SCHOOL 341 J91 237.00 • >•-HC8396 __O2Z27/09_4J5il_JAMES SPINNER __REFUND 01-4141-849-42 -Q.I-4141-290r6L 72-2031-000-00 72-4141-549-91 J?3r2Qitzi)OP^O_ 73- 4141-569-92 74- 2031-000-00 _74-414L-59.0^1 01-4141-039-18 01-4141 01-4141 .ftL-4141 01-4141 01-4141 01-4141 •040-13 '059-14 •OMrlS. •099-17 •1 11-31 •1 15-31 01-4141 01-4141 JLL=4.L41; •121-31 •126-31 •174-33 01-4141 01-4141 72-4141 73- 4141 74- 4141 -249-42 -290-61 !541::9!_ -569-92 -590-93 4.50 • MrA147 oey&7/a9 JlC03ia. JlCfi395.. ..O2/f27Z09_ „fl2/£I/a9.. j 4.S0_ 4 50 « AS O^W _ ALBERL JW1SER. 150.00 • jzsajio __ _ FOSTHASTPR. ___C QUAliY_. REFUND _______________ .POSTAGE___ ..EASMENT CRYSTAL..BAY_ 750.00 • 15,166.63 761.00 __746.8L - 297 04 1 0, 991. 40 _ FUND 01 TOTAL FUND 72 TOTAL FUNQ 73JTQTAL FUND 74 TOTAL general fund WATER OPERATING FUND SEWER OPERATING FUND _ GOLF COURSE OPERATING __T0TAL MANUAL _ _MANUAL. MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL JHANUAL. MANUAL MANUAL MANUAL MANUAL MANUAL J1ANUAL. MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL II MANUAL ||?; MANUAL S«l ly fot at. u> IA> SSI am sn am am a» 341 01-2040-000-00 MANUAL tr 23 om 4fN 01-4356-069-15 MANUAL 4li 4«l 491 01-4356-174-33 MANUAL _^ 01-3130-000-00 MANUAL 4«) 47^ 4«< 01-3130-000-00 MANUAL 4»i Ml • V 01-4306-899-72 MANUAL Ml »41 9B sai 01-4900-299-78 Ml _ MANUAL_ _ _ ***-CK8 ail ax! ex* 441 SSI “si TSI m *«» „ > .. of UIVJ75U \‘ . 3689.5 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administratojp DATE: March 6, 1989 SUBJECT: 1988 Legal Costs Attachments: A. Summary of Legal Costs by Major Catagory for 1988 B. Prosectuion Costs Dated 10/10/88 Attached p-.ease find a delineation of legal expenses for the 1987 budget and actual, and actual for 1988 together with the 1989 budget. In addition are listed expenditures in other categories for 1988, The categories of the revolving fund, the improvement fund, plus building/zoning and hazardous buildings are reimbursable from other sources. As you will note on the Attachment from October we had projected prosecution fees to be about $121,700 and they actually were $121,682. We had projected fines to be $126,000 and the resultant total was $ 139,800. It should also be noted that if one were to add the budgeted figures for General Fund Legal together with the jailing fees, subtract out the Court fines, the budgeted net cost to the City would have been $41,700. Based on the actual General Fund Legal costs together with jailing fees the net total after court fines was $41,234. 1988 SUMMARY LEGAL COSTS MAJOR CATAGORIBS i 1987 ACTUAL BUDGET 1988 EST. ACTUAL ACTUAL 1989 r .DGET RETAINER 10,090 10,500 13,920 13,609 14,640 PROSECUTION 78,822 52,50r 315,000 121,682 120,000 GENERAL CONSULTING 37,637 21,000 22,000 21,751 24,000 ELECTIONS ---184 - STREETS 1,105 500 500 -500 POLICE 929 1,500 1,000 684 1,500 BLDG/ZONING 1,916 1,200 800 76 800 Other Than General Parks 0 Water 5 Sewer 295 Golf 104 0 0 207.92 0 Permanent Improvement Revolving 85 Improvement Fund Building/Zoning Chargable Hazardous Buildings GRAND TOTAL f 4,739 5,632 10,828 9,016 188,428 1987 ACTUAL 1988 BUDGET 1988 ACTUAL 1989 BUDGET Court Fines 102,058 65,000 139,800 95,000 Jailing Fees 21,787 19,500 23,048 est 20,700 Net Estimate 50,228 41,700 41,234 87,140 101088 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrato DATE: October 10, 1988 SUBJECT: Citations, Fine Review and Legal Prosecution Costs ISSUE - Providing information to Council regarding increased fine revenues and costs, INTRODUCTION - During the 1989 Budget discussions Council requested a review of information on fines and related costs. DISCUSSION - The following represents ^ recap of statistics 1985-1987 together with an estimate for 1988 based on the first 6 months information. Citations Issued Fine/Forfeitures Received by Orono Prosecution Costs Legal Hourly Rata 1985 1,548 $ 60,755 $ 41,756 1986 1,728 $ 84,147 $ 45,752 $60 1987 2,534 $102,058 $ 78,822 $70/80 (Atty/ Sr. Atty) 1988 (Est) 3,300 $126,000 $121,700 $80/85 The primary driving force for the increased costs has been the excellent efforts of the Police department together with an increasing (though still relatively small) amount of citations by other departments. (The number of Part I and Part II crimes has not increased substantially between 1985 and 1986 but was up about 22% in 1987.) Since 1985 the number of citations issued are estimated through the end of 1988 to have increased 113% with revenues up 107%, which reflects little if any increase in th® fines generated per ticket. The City for a considerable period of time had oeen charged a substantially lower rate for prosecution than the normal billing rate the Attorneys used. This has been adjusted in the past 2 1/2 years. Had the rates been adjusted in one lump sum in 1985 the City’s prosecution costs as a percentage of fines received would be about the same as anticipated for 1988. Tne shift to local prosecution of gross misdemeanor has not had a significant effect on the increase. ALTERNATIVES 1. Accept 2. Suggest further research 3. Table for further discussion RECOMMENDATION - Accept the information as presented recognizing the increased enforcement efforts of the City, indicating any additional information provided. cc: Tom Kuehn, Finance Director Mel Kilbo, Police Chief MIHUTBS OF THE PLANNING COMMISSION MEETING FEBRUARY 21, 1989 ATTENDANCE 7:00 P.M. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley, Planning Commissioners Bellows, Cohen, Hanson and Moos. Planning Commissioner Brown arrived at 7:05 p.m. The following represented the City staff: Building and Zoning Administrator Mabusth, Assistant Planning and Zoning Administrator Gaffron and City Recorder Scheffler. Council Representative J. Diann Goetten attended. #1368 THOMAS E. MCNELLIS 315 6 355 WOOOHILL ROAD SUBDIVISION OF A LOT LINE REARRANGEMENT PUBLIC HEARING 7:00 P.M. - 7:02 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicant was present for this matter. Assistant Planning and Zoning Administrator Gaffron explained that Mr. McNellis was requesting approval of a lot line rearrangement that was required as a condition of approval of a previous variance application. The lot line rearrangement will alleviate the need for a variance to the 50' front setback from the east lot line. There were no comments from the public regardi’^'^ this matter and the public hearing was closed. It was moved by Planning Commissioner Be. ^ws, seconded Planning Commissioner Cohen, to recommend approval of a subdivision of a lot line rearrangement for Mr. Thomas McNellis. Motion Ayes=*5, Nays=0, Motion passed. #1370 D. STRELOW/J. SISK 4330 & 4340 NORTH SHORE DRIVE SUBDIVISION OF A LOT LINE REARRANGEMENT PUBLIC HEARING 7:15 P.M. - 7:18 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Jeff Sisk was present for this matter. Zoning Administrator Mabusth explained that the lot line rearrangement was being proposed to allow the Sisk property a riparian lot classification. Mr. Sisk was advised by Staff that subdivisions, strictly for the purpose of riparian access, were unlikely, unless the property met the required lot width at the shoreline. Mr. Sisk filed the application based upon previous conditions of the property that would have implied previous riparian status. The DNR confirmed that dredging had occurred in the past, and that in 1964, a permit was issued to the owners of Lot 4 to fill 20’. The City of Orono, the Watershed District and MINUTES OP THE PLANNING COMMISSION MEETING FEBRUARY 21, 1989 ZONING PILE #1370-STRELOW/SISK CONTINUED DNR, however, view applications based upon existing conditions. This application does not reflect the improvement of an existing riparian property. Mr. Sisk indicated that he would prefer tabling this item until he had an opportunity to review the new information noted in the staff review with his attorney. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Planning Commissioner Bellows to table this application. Motion, Ayes=6, Nays*0, Motion passed. #1372 DONALD KBMPP 1180 NORTH ARM DRIVE CLASS II PRELIMINARY SUBDIVISION PUBLIC HEARING 7:42 P.M. - 7:45 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicant was present for this matter. Zoning Administrator Mabusch gave a brief description of Mr. Kempf's proposal for a Class II, Preliminary Subdivision. The construction of a residence has already begun on Lot 1, and access has been approved by Hennepin County. The status of the nonconforming structure on Lot 2 must be addressed in this subdivision review. The City Engineer has recommended that a 30* drainage easement be taken through the existing drainage way that comes in from the north and west. Mabusth further stated that the proposed access drive/curb cut at Loma Linda Avenue be moved 25* further west to improve sighting distance. There is also a portion of the travelled roadway that still is not within defined the right-of-way and the City Engineer is recommending that a 25* legged triangle be taken as additional right-of-way. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Planning Commissioner Cohen, to recommend approval of this application with the flowage and drainage easements as set forth by the City Engineer on Lots 1 and 2; the dedication of the right-of-way on Lot 2 at the south quadrant; the proposed access/curb cut at Loma Linda Avenue be moved 25* to the west to improve the sight line distance; and the existing cabin on Lot 2 shall be removed at the time a building permit is issued or September 1, 1989, whichever may occur first. Motion, Ayes=6, Nays=0, Motion passed. MINUTES OP THE PLANNING COMMISSION MEETING FEBRUARY 21, 1989 #1374 FRESHWATER FOUNDATION 2500 SHADYWOOD ROAD SUBDIVISION OF A LOT LINE REARRANGEMENT It was moved by Chairman Kelley, seconded by Planning Commissioner Bellows, to table this item until the March 20, 1989 Planning Commission Meeting, pending complete notification of abutting property owners. Motion, Ayes=6, Nays=0, Motion passed. #1380 GEORGE PARTRIDGE 625 SPRING HILL ROAD VACATION OF ROAD RIGHT-OF-WAY PUBLIC HEARING 8:00 P.M. - 8:02 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicants were present for this matter, as was Mr. Bill Rottschaefer, the applicants' attorney. Zoning Administrator Mabusth explained that this application involved a 40' right-of-way currently owned by Hennepin County. It is common practice that whenever County roads are vacated, that the right-of-way reverts back to the local jurisdiction. Mr. Rottschaefer reported that the County had indicated that they no longer had any interest in the property. The County required a request from the City of Orono to have the right-of- way transferred to the City. 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 Moos, to recommend approval of this application for a vacation of road right-of-way. Motion, Ayes=6, Nays=0, Motion passed. #1359 DAVID LINDSTROM 1315 WOODHJLL AVENUE VARIANCES-REVIEW OF AMENDED SITE PLAN Mr. David Lindstrom was present for this matter. Zoning Administrator Mabusth reminded the Planning Commission that they had approved a separation setback variance by a 4 to 3 vote at their last meeting. The applicant heed'^d the minority advice and has revised his original proposal. Only a front street setback variance will be required. It was moved by Planning Commissioner Cohen, seconded by Planning Commissioner Bellows, to recommend approval of the front street setback variance for the purpose of constructing an addition. Motion, Ayes=»6, Nays=*0, Motion passed. MINUTES OF THE PLANNING COMMISSION MEETING FEBRUARY 21, 1989 #1363 ROGER 6 BECKY BERRY 1392 BALDUR PARK ROAD VARIANCES CONTINUATION OF PUBLIC HEARING 7:05 P.M. - 7:10 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicant was present for this matter (Planning Commissioner Brown was also present at this time). Assistant Planning and Zoning Administrator Gaffron informed the Planning Commission that the Berry’s were bringing forth a revised proposal resulting from the January 17, 1989 Planning Commission Meeting. The house will now be located behind the 0- 75' setback line but will still require an average lakeshore setback variance. In the 75-250' zone, hardcover will be increased from 26.5% tD 31.9%. Hardcover in the 0-75' zone on the south side of the property will remain at 25.1%; on the north side, 0-75' zone, hardcover will be reduced to zero. Chairman Kelley questioned the Berrys' proposal for a three- car garage. Mr. Berry clarified that he would be agreeable to add an attached three-car garage and remove the detached garage. Gaffron observed that such a proposal would offer a fairly even trade in hardcover. Kelley expressed his preference for this proposal. Planning Commissioner Cohen concurred, as did Hanson and Moos. Kelley recommended that approval of this application be conditioned upon the removal of the detached garage and straightening the driveway. The Berrys would then be able to build a three-car attached garage. Gaffron explained that only minor grading would be necessary with the revised proposal. This would be accomplished by raising the east end of the house approximately 2'. Grading in the 0-75' zone will be necessary to br?i.g the old basement excavation back to a conforming grade. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Planning Commissioner Hanson, to recommend approval of the hardcover variance as proposed: 0-75 (southside) 25.1%; 0-75 (northside) 0%; and 75-250 31.9%. The existing garage will be removed and a third stall added to the attached garage. The driveway is to be straightened. It was further recommended that a variance and conditional use permit allowing filling and grading within 75' of Lake Minnetonka be approved for the driveway reconfiguration and grade restoration at the old basement, along with a 2' average lakeshore setback variance. The hardship in this application is that the applicant met the spirit of the revisions requested by the Planning Commission and has reduced the hardcover within the 0-75' zone and the average lakeshore setback. Bellows questioned the elevation of the existing basement? Mr. Berry replied that it was approximately 18". She MINUTES OP THE PLANNING COMMISSION MEETING FEBRUARY 21, 1989 ZONING PILE #1363“BERRY CONTINUED asked that all of the elevations appear on the plans. Ayes®6, Nays=0, Motion passed. Motion, #1367 STEVE HARRIS 3850 WATERTOWN ROAD CONDITIONAL USE PERMIT It was moved by Chairman Kelley, seconded by Planning Commissioner Bellows to table this item to the March 20, 1989, Planning Commission Meeting, as requested by the applicant. Motion, Ayes=6, Nays=0, Motion passed. #1369 CHARLES KICKHAFER 1040 TOWNLINE ROAD VARIANCE PUBLIC HEARING 7:19 P.M. - 7:20 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicant was present for this matter. Zoning Administrator Mabusth informed the Planning Commission that Mr. Kickhafer was requesting a front street setback variance in order to construct an attached garage. Due to accessory improvements previously made to the rear of the property, placement of t^e garage to the rear of the house becomes impractical. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Planning Commissioner Hanson, to recommend approval of this application, granting the 30' front yard setback variance for the purpose of constructing a single story garage 24'x 24'. Mr. Kickhafer s hardship is that he has no garage and the house was built prior to the 5-acre zoning amendment. Bellows added that the topography of the land was also a hardship. Motion, Ayes=6, Nays=0, Motion passed. #1371 ROBERT & TERESA MINKEMA 3200 BAYSIDE ROAD VARIANCES PUBLIC HEARING 7:21 P.M. - 7:25 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Minkema was present for this matter. Assistant Planning and Zoning Administrator Gaffron explained that the Minkemas were in need of front and side street setback variances in order to construct an addition onto their existing residence. There were no comments from the public regarding this matter MINUTES OF THE PLANNING COMMISSION MEETING FEBRUARY 21, 1989 ZONING FILE #1371-MINKEMA CONTINUED and the public hearing was closed. It was moved by Planning Commissioner Brown, seconded by Planning Commissioner Cohen, to recommend approval of application #1371, both front and side yard setback variances. The hardship is the location of the existing residence a’*d that there is no additional encroachment. Motion, Ayes=6, Na -*0, Motion passed. #1373 DAVE EISS 1635 CONCORDIA STREET CONDITIONAL USB PERMIT PUBLIC HEARING 7:51 P.M. - 7:57 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicant was present for this matter. Zoning Administrator Mabusth informed the Planning Commission that Mr. Eiss was seeking a conditional use permit and variance for land alterations in the 0-75' setback area. Mr. Eiss's new residence is located within a pre-existing retention area which serves the 1.44 acre watershed. Mr. Bozonie, a neighbor to the south of Mr. Eiss, communicated to the City his understanding of the drainage pattern for the o ea. Public Works Director Gerhard on has recommended the use of the drainage swale or underground <ile because a private drainage system to the south would havvj a significant impact upon the Trainor property. Gerhardson has confirmed that the existing drainage ditch within the Trainor property is not a public drainage way. Chairman Kelley questioned the number of trees that would need to be removed if a 4 ’ ide swale were installed. Mabusth estimated that many trees would need to be removed. She was unable to specify the exact number. She further added that the City was not in favor of this option, but would prefer the underground drainage tile based on the degree of impact within the lakeshore protected area. Chairman Kelley expressed his preference for option 3 and suggested tabling this item until further information could be reviewed. Because of the urgency in resolving the runoff problem before t^ Spring thaw, it was suggested that this matter be brought '»ctly from the March 20 Planning Commission Meeting to the Marcii 27 Council Meeting. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, secc ed by Planning Commissioner Moos, to table this item until more hydr-^nlic informa ion could be gathered by the applicant and Mr. ’/ ^n. Mabu indicated to Mr. Eiss that she would provide him v n .he cri a needed by the City before the March 20th Planning Comn. jion Meeting. Motion, Ayes=6, Nays=0, Motion passed. MINUTBS OF THE PLANNING COMMISSION MEETING FEBRUARY 21, 1989 #1375 DAVE PRICE 2914 CASCO POINT ROAD VARIANCES PUBLIC HEARING 7:26 P.M. - 7:40 P.M. The Affidavit of Publication and Certificata of Mailing were duly noted. The applicant was present for this matter. Mr. Price was requesting an average setback variance and hardcover variance for the purpose of constructing an addition. Assistant Planning and Zoning Administrator stated that the addition would be behind an existing garage and partially over an existing patio. Hardcover in the 75-250’ would increase from 27.6% to 30.0%. Chairman Kelley commented that the neighboring property to the west would not be visually impacted by the proposed addition. The property to the east would be somewhat impacted. Gaffron mentioned that the addition would interfere with their view of the neck of the lagoon. Mr. Price explained his hardship to be the need for more living space due to a growing family. Further, the existing kitchen area is located on the lower level of the house. Planning Commissioner Brown observed that a portion of the house already extended 18’ beyond the average lakeshore setback line. The proposed addition would only extend 12’ beyond the line. Kelley stated that the intent of the code regarding average lakeshore setbacks is to protect the views of the lake enjoyed by neighboring property owners. Gaffron confirmed that the City had not received any communications from Mr. Price s neighbor to the east. Mr. Price stated that he had not discussed his proposal with that neighbor. Planning Commissioner Brown questioned the possibility of hardcover removal to compensate for the hardcover being added in the 75-250’ zone. He suggested removal of the patio. Planning Commissioner Bellows expressed the difficulty involved with this application because the structure already extends beyond the average lakeshore setback and has 27.6% hardcover in the 75-250’ zone. She believed that should approval be recommended, the reasons for doing so be very explicit. Planning Commissioner Hanson noted for the record that even though Mr. Price's home was lakeshore property, the addition would not pose a negative visual effect, which is the foundation of purpose of the average lakeshore setback requirement. It was moved by Planning Commissioner Hanson, seconded by Planning Commissioner Brown, to recommend approval of application #1375, for an average lakeshore setback variance to construct an addition to the existing residence. Approval is conditioned*upon MINUTES OP THE PLANNING COMMISSION MEETING FEBRUARY 21, 1989 ZONING FILE 11375-PRICE CONTINUED hardcover being removed to maintain 27.6% within the 75-250' zone. Hanson based his recommendations upon the fact that Mr. Price's property does not face the main body of Lake Minnetonka. Motion, Ayes=2, Nays=4, Motion failed. Mr. Price asked that the matter be tabled to allow him an opportunity to revise his plan. It was moved by Planning Commissioner Cohen, seconded by Planning Commissioner Bellows, to table this matter. Motion, Ayes*6, Nays*0, Motion passed. #1376 CHRIS PALM 1710 SHADYWOOD ROAD VARIANCES It was moved by Chairman Kelley, seconded by Planning Commissioner Bellows, to table this item until the March 20, 1989 Planning Commission Meeting, as requested by the applicant. Motion, Ayes=6, Nays=0, Motion passed. #1377 RICHARD ANDERSON 3980 NORTH SHORE DRIVE VARIANCES PUBLIC HEARING 8:05 P.M. - 8:. The Affidavit of Publicat-... duly noted. ’'d Certificate of Mailing were The applicants were present for this matter. Assistant Planning and Zoning Administrator Gaffron explained that this application involved a request for side setback and hardcover varian::es for an addition to applicant's residence. The applicants are proposing a 9.1' side setback, where 10' is required and an increase in hardcover in the 75-250* zone from 24.5% to 29.5%. The Andersons* property does not abut t*- lakeshore, but is located within the 75-250* setback zone. I er, the applicant has obtained a building permit to convert ti. existing garage into a workr^hop. Gaffron suggested the future possibility of a garage L<.mg built to the rear of the house, which would cause another hardcover increase in the 75- 250* zone. However, the applicants have no such plans at this time. Chairman Kelley expressed concern over the inevitability of a garage being constructed behind the house. Mr. Anderson stated that there may be a possibility of trading land with Hennepin County. This would provide him with more land northwest of his house in exchange for front yard land he would give to the County Planning Commissioner Brown questioned whether there would be any hardcover that could be removed to offset the additional hardcover being requested? Gaffron responded that the driveway would be the only removable hardcover but from a safety standpoint, it should remain intact. Chairman Kelley stared that it would be difficult to MINUTES OF THE PLANNING COMMISSION MEETING FEBRUARY 21, 1989 ZONING FILE #1277-RICHARD ANDERSON CONTINUED recommend approval of such an intensification of use for this limited parcel. Mr. Anderson said that he would be willing to remove an existing shed in the 75-250' setback area and relocate it elsewhere. Planning Commissioner Cohen suggested putting the workshop into the addition and leaving the garage as is. Mr. Anderson said that he would be agreeable to that. Kelley asked that the shed be moved over the 250* line. There were no comments from the public regarding this matter and the public hearing was closed. It moved by Planning Commissioner Cohen, seconded by Planning Commissioner Hanson, to recommend approval of the variances requested in application #1377, subject to the existing shed located within the 75-250' zone being moved behind that line, allowing an increase in hardcover in that area to 28%; and to allow the 0.9' west side setback variance and 0.4' east side setback variance. Motion, Ayes=6, Nays=*0, Motion passed. #1378 CURTIS OSTROM 4605 WATERTOWN ROAD VARIANCE PUBLIC HEARING 8:20 P.M. - 8:35 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicant was present for this matter, as was the property owner, Mr. Kamil Ugurbil. Zoning Administrator Mabusth explained that the applicant was seeking a side setback variance for an addition to the southwest corner of the existing residence. The present location of the house does not meet the 50' side yard setback. The applicant claims that the floor plan of the existing residence is such that the southwest corner would be appropriate for the addition. Chairman Kelley expressed his concern about the addition in proximity to the house to the west. He stated that the house was currently 47*8" from the side lot line, the proposed addition would reduce that to 35*7" where 50* was required. Planning Commissioner Brown questioned Mabusth's expressed concerns pertaining to the floor plan of the house. Planning Commissioner Brown believed that the floor plan was not an adequate hardship and that there were other alternatives. Mr. Ostrom stated that other options were explored and found the current proposal to be most practical. Planning Commissioner Bellows stated that due co the floor plan being used as a hardship, that the existing floor plan should have been included in the information she received; it was her inclination to table this matter. HINUTBS OP THE PIANMING COMMISSION MEETING FEBRUARY 21, 1989 ZONING FILE #1378~OSTROM CONTINUED With respect to Kelley's concerns about the closeness of the neighboring residence, Mr. Ugurbil explained that there was dense vegetation that would screen the addition from view. Mr. Ugurbil further added that placing the addition in another location would either interfere with an existing porch or with the natural "Minnesota farm-character" architecture which was a main reason he purchased the house. The Planning Commission, as a whole, concurred with Kelley's views that the addition would encroach too closely to the adjacent property to the west. Planning Commissioner Brown reiterated his belief that there were other alternatives. There were no comments from the public regarding this matter and the public hearing was closed (Planning Commissioner Bellows departed at this time). It was moved by Chairman Kelley, seconded by Planning Commissioner Cohen, to deny the variance for the sideyard setback for #1378, Curtis Ostrom. Motion, Ayes=5, Nays=0, Motion passed. #1379 WAYZATA COUNTRY CLUB 200 WAYZATA BLVD. CONDITIONAL USB PERMIT PUBLIC HEARING 8:37 P.M. - 8:38 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicant was present for this matter. It was moved by Planning Commissioner Cohen, seconded by Planning Commissioner Hanson, to recommend approval of this application. Motion, Ayes = 5, Nays*»0, Motion passed. #1381 JACK RHODE 1690 SHADYWOOD ROAD VARIANCES PUBLIC HEARING 8:39 P.M. - 8:45 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicant was present for this matter. Zoning Administrator Mabusth stated that this application involved a setback for new construction within the 0-75' setback area, as well as a hardcover variance for new construction. Even though there is a reduction in hardcover in the 0-75' zone, variance approval for new construction is required. The proposed structure will be 61' from the lakeshore. The second story, 2-foot wide, deck, will be 59' from the lakeshore. The overall reduction of hardcover in the 0-75' area will be 3%. Chairman Kelley questioned whether the entire existing structure would be removed. Mabusth replied that yes it would MINUTES OF THE PLANNING COMMISSION MEETING FEBRUARY 21, 1989 ZONING FILE «1381-RBODE CONTINUED be, with the exception of the foundation. She recommended that this application be reviewed with similar considerations as the Johnson application off North Arm Drive, in that approval be conditioned upon the existing foundation being used. The general concensus of the Plar'''ing Commission was that they were in favor of the proposed house not extending as close to the lakeshore as the existing house. They were also in favor of the reduction in hardcover in the 0-75* setback area from 15.8% to 13.3%. The new structure would be right on the average lakeshore setback line, and will have an attached garage. The detached garage will be removed. It was moved by Planning Commissioner Hanson, seconded by Planning Commissioner Cohen, to recommend approval of this application granting the lakeshore setback variance required for new construction on the existing foundation. The setback shall be allowed at 59* to accomodate the 2* upper story deck extending into the lakeshore protected area; the main part of the house shall be at 61*. In addition, approval is recommended for the hardcover variance of 13.3%, or 812 s.f., within the 0-75 setback area, with no additional hardcover allowed in that area. Motion, Ayes=5, Nays=0, Motion passed. #1382 JOHN ROGERS 755 TONKANA ROAD VARIANCES PUBLIC HEARING 8:47 P.M. - 9:00 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicants were not present for this matter, however, Mr. Mark Lumry of Arteka Corporation, was present on their behalf . Assistant Planning and Zoning Administrator Gaffron informed the Planning Commission that there had been a revision to this proposal. There will be increase in hardcover in the 0-75* zone due to the removal of an existing storage shed. Mr. Lumry also explained that there would not be any additional terrace area as originally proposed. Chairman Kelley clarified that this applif on now involved only the conversion of hardcover to structure .ardcover a*^d an average lakeshore setback variance. Gaffron agreed. Planning Commissioner Brown asked for clarification as to the average lakeshore setback. Gaffron explained that the house to the south, approximately 200* away would not be affected, to the north, there were only camp buildings- Mr. Lumry mentioned the fact that the existing guest house and mam residence were in front of the addition. There is an existing brick retaining wall which would minimize the visual impact of the addition from the lake. MINUTES OP THE PLANNING COMMISSION MEETING FEBRUARY 21, 1989 ZONING PILE #1382-'ROGERS CONTINUED Zoning Administrator Mabusth inquired about the proposed use of an existing garage. Mr. Lumry informed her that the Rogers were planning to convert the garage into a recreational area. Mr. Lumry also noted that at some time the Rogers may wish to rebuild and slightly relocate the existing stairway leading to the lake. It was moved by Planning Commissioner Brown, seconded by Planning Commissioner Hanson, to recommend approval of the average lakeshore setback variance and hardcover variance in the 0-75* zone. Moos suggested removal of the storage shed so that there will be no net increase in hardcover. Brown incorporated that condition into his motion, Hanson seconded. Gaffron mentioned the fact that the City Engineer was requesting a drainage plan. Mr. Lumry said that it was the Rogers' intention to have that information. Brown also included that condition in his motion; Hanson seconded. Motion, Ayes»3, Kelley and Cohen Nay, because they would prefer hardcover in the 0-75* setback area open or removed, as opposed to converted into structural hardcover. Cohen expressed his concern over the potential of being asked bit by bit for more and more hardcover in the future. CONFIRMATION BY PLANNING COMMISSION OF FORMAT/PROCEDURAL MODIFICATION BY REVIEWING STAFF The Planning Commission unanimously agreed to continue with the change in memo format whereby staff would refrain from the use of recommendations when not appropriate. The Planning Commission would monitor the new procedure for the next few months . PLANNING COMMISSION APPROVAL OF JANUARY 17, 1989 MINUTES It was moved by Planning Commissioner Cohen, seconded by Planning Commissioner Hanson, to approve the Minutes of the January 17, 1989 Planning Commission Meeting. Motion, Ayes=5, Nays*0, Motion passed. PLANNING COMMISSION REPRESENTATIVE It was agreed that Planning Commissioner, Sarah Moos, would represent the Planning Commission at the March 13, 1989 City Council Meeting. ADJOURNMENT The February 21, 1989, Planning Commission Meeting adjourned at 9:05 p.m. CrTY' OF OROwa CITYofORONO Post Office Box 66«Cry8Ul Bay. MinncaoU 55323• Municipal Offices On the North Shore of Lake Minnetonka March 8, 1989 Planning Commission Members: At the joint meeting on Febraury 6, 1989, you expressed a number of concerns regarding the relationship between the Planning Commission and Council and also commenting and raising questions regarding Council and staff actions. At that meeting I indicated that I would have the issues reviewed and that a joint meeting would be set up to further disucss these issues. As a basis for a joint meeting I have attached a review and comment to the major issues raised by the Pl~nning Commission developed by staff and reviewed by Council at cheir February 27, 1989 meeting. I wouli like to set a joint meeting of the two bodies in the near future in order that we may continue the dialogue on these issues. In addition to the issues from the past meeting, I would like to also again address the issues of Planning Commission responsibilities and scope together with reaction from the Planning Commission on Marina Licensing. I would strcngly encourage each of you to review this and call either myself. CounciImembers Peterson, Goetten, Nettles or Callahan or any members of the staff regarding the issues addressed or any other questions or issues that you may have. cc: City Council Mark E. Bernhardson, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator Michael P. Gaffron, Asst. Planning & Zoning Admin. BUILDING A ZONING - 473-7357 ASSESSING ADMINISTRATION A FINANCE - 473-7358 PUBLIC WORKS - 473-7359 CITV^; ORONO CITY of ORONO Post Office Bos 66*CryaUl Bay. MinnaaoU S5323*Maiudpal Officea On the North Shore of Lake Minnetonka March 7, 1989 Mr, Jerry Uheeler 3399 Crystal Bay Road Uayzata, tIN 55391 Dear Mr. Ulheeler: The Orono Assessor's Office considers all factors, Including water level and weeds, that affect the market value of properties in our city. When the market changes, as shown by actual sales, we change our values. Please remember that our statutory period of sales lags the current assessment date by over one year. This is why the tax system is slow to respond to market changes. Thank you for the information that you have supplied for yourself and your neighbors. If you find any direct market sales showing the effect of water level and weeds, please share them with us. Hennepin County will be mailing Orono 1989 property valuation notices in late April. If you or your neighbors have questions reguarding your classification or valuation please call after you receive your notice. Sincerely, ■1^4 hi. Rolf E. A. Erickson City Assessor cc: Mark Bernhardson, Orono City Administrator BUILDING a ZONING - 473-7357 assessing ADMINISTRATION 4 FINANCE - 473-7358 PUBLIC WORKS - 47 3-7359 LAKE MINNETONKA CONSERVATION DISTRICT 473-7033 L.M.C.D. MEETING SCHEDULE March 1989 Wednesday 3- 8-89 Advisory Committee on Shoreland Protection Study Draft 7:00 p.ra., Tonka Bay Village Hall Saturday 3-11-89 Special Meeting, Board of Directors, Low Water Multiple Dock Licensees 7:30 a.m.. Tonka Bay Village Hall Wednesday 3-15-89 Pre-Bid Conference, Eurasian Water Milfoil Harvesting 2:00 p.m., LMCD Office, Wayzata Friday 3-17-89 Eurasian Water Milfoil Task Force 8:30 a.m.. Freshwater Foundation, Navarre Saturday 3-18-89 Water Structures & Environment Committee 7:30 a.m., LMCD Office, Wayzata Monday 3-27-89 Bid Opening, Eurasian Water Milfoil Harvesting Contract 2:00 p.m., LMCD Office, Wayzata Monday 3“27-89 Lake Use Committee 4:30 p.m., LMCD Office, Wayzata Wednesday 3-29-89 Regular Meeting, Board of Directors 7:30 p.m., Tonka Bay Village Hall 3-2-89 ' ' (^R - B " LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS SPECIAL TEMPORARY LOW WATER VARIANCE MEETING 7:30 a.ra., Saturday, March 11, 1989 Tonka Bay Village Hall AGENDA 1. Call to Order 2. Roll Call 3. Multiple dock licensee requests for temporary low water variances 4. Review of Temporary Low Water draft for Code amendment 5. Adjournment 3-2-89 i NEWSLETTER ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 (NDFrPrNnrNCF ,• l ONC. LAKT MAPLF PLAIN MEDINA MINNETONKA BLAEH OHONO 685 OLD CRYSTAL BAY ROAD LONG LAKL MINNLSOTA 55356 ORONO SCHOOL BOARD David McKown, Chaimuu:479-1692 Don Anderson. Vice Chainnan 479-1810 Lucie Taylor, Treasurer 473-1189 Kiny Crosuy, Clerk 478-6037 Jin» Franklin, Direcior 479-2130 John Maresh. Director 475-3197 473 7313 MARCH, 1989 ISSUE NO. 7 Administrative Notes In the recent special edition of the Newsletter you received a good deal of information about the upcoming bond referendum election. Rather than my rep>eating the urgent need for the proposed facilities and the accompanying benefits of linking the Elementary and Middle School buildings together for maximum use of each, I have found a straightforward and clear statement of the issue. The following unsolicited editorial was wTitten by Orono High School student Nick Coult and appeared in the February 8 edition of the school newspaper. Inside The ■Aouarium. Dr. Thomas B. Mich Superintendent Minimum car insurance for a male between the ages of 16 and 25 costs S .60 per month. The cheapest apartments rent for about S150 per month. A person living a very' spartan, solitary' life could survive on S20 per month of groceries. But for just $ .86 per month, the Orono School District could have a full-size pool plus 9 additional classrooms! The proposed addition connecting the Middle School and Schumann Elementary' school buildings would cost about S2.7 million dollars, resulting in a miniscule S .86 per month in property taxes for the average value home in the Orono district. And, as the number of lesidents living in the district increases in the next few years, the average tax per householi' will go even lower because of more i taxpavers living in the district. j The pool would provide a center of reaeation for the I entire community of Orono, along v\ith providing life saving training for students at Orono and giving the students a chance 3 have, for the first time ever at Orono, a competitive swim team. During school hours, the pool would be operated by the school, and after school hours and during the summer it would be run by the Community. nation Office, which would have its rrtain office relocated from the High School basement to the entrance of the new addition. The 45'x75' pool (6 lanes) would be just the right size for swim meets. Along with the pool would come 9 well-needed classrooms. Space is very limited in the Elementary and Middle Schools, and vsith enrollment projected to go up in the next 5 years, the new classrooms will be esscniia’ 1 ne pla is for this addition are still tentative, and the whole pl?in will be thrown away if it is voted down in the sped.il bond election March 21. The school has been lacking a good center of physical recreation for years, and a swinuning pool would exactly fit the bUl. Don’t let down the school by voting it dowm. The district has alwav's needed a pool and will definitely need those new classrooms in the near future. So go out and vote YES March 21! Rock On, A Rock’n Rollin' Revue March 16 7:30 pm - MS Gym Featuring 23 All Time Pop Hits by the Seventh &: Eighth Grade Vocal Students Guidance At A Glance Education Night The six hig-h schools of ihe Western Suburbs h.ive coordinated a Career Education Night to be held on March 13,1989, al Hopkins High School. The prograiT. for the evening is diversified to accommodate the many interests of both students and adults. The presenters are of the highest caliber and will discuss not only career opportunities, but also the paths that lead to these opportunities. It is our goal to have all students and adults in transition avail themselves of this excellent information . Tt^pistraHon Completed Registration ior 1989-90 school year has been completed at the High School. You will receive a copy of your students schedule near the end of the the school year. If you wish to make any changes on the schedule it must be done by June 15, 1989. Ninth grade students wiil also receive a copy of their three year plan w'hich was submitted at the time they registered. Upcoming Test Dates SAT May 6 Registrabon Deadline March 31 ACT April 15 Registrabon Deadline March 17 National Honor Society* Selc ‘tion Process Begins Orono High School iii soon be starting the process of selecting the new members of the Nabonal Honor Societv' for 1988*89. No application is necessar}'. Membership is the highest honor that Orono High School can bestow upon those students w'ho have exhibited exemplary academic and personal qualities TTie following guidelines are used by the Orono High School faculty to select members of the Nabonal Honor Societv'. 1. Only juniors and seniors are eligible. Students who are early graduates or semester drops are not eligible. 2. One must have a cumulabve grade point average of at least a B (3.00). 3. j^ll students considered must consent to be rated by teachers and sign a release to that effect. 4. One must have been in attendance full time for a minimum of two quarters as a residency requirement. 5. Four factors are used to determine which students from the list of eligible candidates will finally become members. The\* are scholarship, character, service, and leadership . 6. The faculty rates students on character, service, and leadership and this is combined with the student s cumulative grade point average representing the fourth factor, scholarship. To be further considered, a candidate must be rated by at least five faculy members. " A numerical formula is used to combine the rabngs and grade point average into a composite four digit score. S. A cut point is used. All junior or senior candidates meeting or exceeding this cut point will be inducted into the .\abonal Honor Socieri' during ceremonies in the auditonum on May 16,19S9. .Advanced Plarement Tests Orono High Schixil stuoents arc eligible to take the College Board s .Advanceq Placement Te.;ts m a wide range of subiect 2 areas. Currently they are available in 15 disciplines. Tests normally given at Orono are English, German, and Spanish. Students have also taken the Calculus test in the past. They are administered in May of each year. Students who do well may be eligible to get undergraduate credit and/or advanced standing at the college they eventually attend. Normally students who take these tests are currently enrolled in AP classes at the High School, however, they are open to anyone who feels they have the necessary background. The cost is $57 for each. They must be ordered well in advance of the test date. Students enrolled in an AP class will be asked if they are interested. Other students should see Mr. Wasbotten in the guidance office no later than March 23. Attention Oronn High School Seniors The Orono School District and local scholarship a pplications are currently available in the High School Guidance Office. Application period runs from March 1 to March 23, 1989. Awa.ds are available for both college bound and vocationally oriented students. Seniors who have attended Orono are eligible to apply for consideration. Award night is scheduled for May 16th this year. All Seniors are strongly encouraged to apply. It takes one minute. How *88 Scholarship Winners are Using Their Awards Once again we would like tv thank all of the individuals and organizations w'ho sponsored scholarships or contributed monies to the Orono District Scholarship Fund. We thought you would like to know how your monies are being used by our students as they pursue their post secondary education. Following are schools currently being attended by the recipients from the graduating class of 1988: Augustana College Bethel College Bowdoin CbDege Carieton College Columbia CoD^ Cornell College CoDege of St Benedict College of St Thomas Florida A ic M Univ'ersity Grinnell College Gustavus Adolphus College Hamline Universit>’ Hennepin Tech Ctr. North HopeCibllege Iowa State University Macalester College Mankato Sta e University Nonnandale Comm, College St Qoud State University St John's University St Marv's CoUege - Winona StOlafCoUege Taylor University University of California - San Diego Univeisitv-' of Minnesota - Duluth University of Minnesota - Institute of Technology Uni versit)' of Minnesota - Twin Gtiss University of Stockholm Univ'ersity of Vermont Univ'ersity of Wisconsin - Madison University of Wisconsin - River Falls Commissioner ’s Review and Comment on Proposed School Addition Prior to any proposed construction project over $400,000, a school district must submit information to the Commissioner of Education. The Commissioner then reviews the material and responds in a Review and Comment report" Included in the information submitted are the areas and population to be served, need for the facility, a detailed description of the proposed construction, anticipated benefit and manner of financing the project. While the response from the commissioner is being published officially in the Pioneer newspaper, as required by law, some of our school patrons may not have seen it. For this reason we are reproducing below the report in its entirety: Description of the Proposed Project Independent School District 278, Orono Public Schools, proposes to construct a 2-story classroom and swimming pool addition between the Orono Middle and Schumann Elementary Schools. An interior passageway between both schools will be provided. The construct ;on is needed to accommodate growing enrollment ard changes in the educational program. Crowded conditions now prevail in both schools. The proposed interior passageway between the buildings will be beneficial for students using both buildings. The sv.'imming pool will provide a much needed additional physical education station. The pool will also serve the community education program by making facilities more readily available. The total cost of the proposed construction is estimated at $2,695,000. The district will finance the construction from the sale of bonds pending voter approval. Currently, the district does not have any bonded debt. Review and Comment Statement Based on the Department's analysis of the district's required documentation and other pertinent information from sources of the Department of Education, the Commissioner of Education judges the proposed construction to be educationally and economically advisable. The need to expand present facilities is well documented. The proposed construction will provide educational benefits for the overall community. Educational program accessibility and quality will be much improved on a long term basis. Additional Information is Available Persons desiring additional information regarding this proposal should contact the schoo* district superintendent's office. Dr. Ruth E. Randall Commissioner of Education Parent-Student Careers Night "What Happens After High School? Straight Talk About Your Future” is the theme for a special evening for students in grades 8 through 12, their parents and also Adults in Transition. This event will take place at Hopkins Senior High School, 2400 Lindbergn Drive, Minnetonka starting at 7:15 pm on March 13. The main speaker will be Marlene Palkovich, National Researcher on Futures. Special guests will be Tad Jude, Hennepin County Commissioner and Dennis Kosloski, Oly^.pic Medal Winner in Wrestling. Marlene Palkovich is an Information/Curriculum Specialist with the Minnesota Curriculum Services Center (MCSO in WWte Bear Lake Minnesota. Her duties with that organization consist of training and curriculum development in the area of Jo. v.*eking and Keeping Skills, Futures of Work and Workers, Stress Management and Team Building, Staff Development activities for the ANTI System in the State of Minnesota. She is also a private management consultant and has her own company - Palkovich & Associates. Marlene is highly sought after for sessions directed toward developing human resources within organizations. She h. lelivered over 2000 high energy workshops and training sessions in the State and throughout the country and abroad. The program will consist of the following: 25 Career Speakers Career Information: Special Interest Topics Evaluating Careers: How To Get A Job Paying for School: Long-Range Planning Future Careers: What ’s Hot, VN^at's Not? Parent’s Role in Career Planning After High School Where Should 1 Go To School? How Do I Make A Career Choice? The evening is sponsored by Intermediate District 287/HT)-Career Education Department and Hopkins, Minnetonka, Orono, St. Louis Park, Wayzata, and Westonka Counselors. If you have questions, please call Betty Beach at 473-5472.__________________________ National Middle Level Education Week March 12 -18,1989 The Orono Middle School marks its twenty-first year with celebration of National Middle Level Education Week, March 12-18,1989. Several Orono Middle School staff have served on the board of the Minnesota Association of Middle Level Educators and have been active at both the regional and national levels. Middle schools do a better job of addressing the needs of adolescents than do other schools, according to a study by the Association for Supervision and Curriculum Development. The A^ID found that middle schcK>ls were the most likely of all organizational structures to use approaches ’’that attempt to respond to the particularly stressful physical, intellectual, and social needs” of lO-to-14-year-olds. Actwitif Calendar Board Rez’iciv District Activiries 3/1 Continuing Education Mlg., MS Room 110 3/3 No School Kdgn only, Kdgn Conferences 3/8 No School, Elementary, Conferences 3/9 No School,Elementary, Conferences 3/10 "in School, Elementary, IS/MS, Conferences 3/13 Board Meeting, MS Vocal Music Room.............7:00 3/14 N'CA Validation Team in all buildings 3/23 Thir j Quarter Ends 3/24 No School, Spring Break Begins, through 3/31 Elementary Activities 3/2 Cheepskate PTA Family Fun Night ..................6:00 3/3 No School Kdgn. only, Kdgn Conferences 3/8 No School, Elemental^', Conferences 3/9 No School,Elementar)’, Conferences 3/10 .* .0 School, Elementary, IS/N4S, Conferences 3/18 ECFE Teddy Bear Picnic, SE.............................11:00 3/21 Primary & Elem. March B.D. Party Intcrmediatc/Middle School Acrivities 3/6 IS PAC Meeting................................................7:15 3/7 IS/MS Conferences..........................................5:00 3/9 IS/MS Conferences..........................................5:00 3/10 No School, IS/MS 3/14 MS PAC Meeting..............................................7:30 3/16 IS/MS Choir Concert, MS C\tti.........................7:30 3/17 IS/MS Choir Assembly 3/20 Grade 4 to En\nronmental Learning Center 3/21 MS CAPS Day 3/22 Grade 5 Project Day 3 /24 No School, Spring Break Begins, through 3/31 High School Activities 3/2 Hockey - State 3/4 Boys Basketball - 6AA 3/9 HS V^ariet)' Show, Auditorium ..........................7:30 Girls Basf tball - State 3/10 HS Variety Show, Auditorium ...........................7:30 3/14 6AA Regional Choir Contest.............................2:00 Boys Basketball - State 3/24 No School, Spring Break Begins, through 3/31 Regular Meeting - January 9,1989 • Approved the following variance requests: Heather Winters, grade 12 to attend Westonka Schools; Angela House, grade 11 to attend Wayzata Schools; Todd Huber, grade 11 to attend Orono Schools. • Accepted the resignation of Kent Winter, high school principal, effective July 1,1989. • Accepted the resignation of Marlene C. Drevlow effective inunediately. • Expressed appreciation to Dr. Kent Winter for the years of dedicated leadership/service to Orono High School stating that because of his leadership, O»ono High School has always been held in high regard. • Agreed to indemnify Alfred Hoskins (designated Asbestos Hazard Emergency Response Act person) for any activity undertaken in the performance, dubes and responsibilibes as mandated by the federal AHERA Act. • Engaged Faegre & Benson as consultant to assist the school district in complying with Seebon 89 of the Federal Tax Reform Act. Regular Meeting - January 23,1989 • Approved the following variance request: Ted Sharp, grade 7 to Orono Schools. • Accepted the resignabon of Darlyne Whitman, primary school principal, effective June 9,1989. • Approved the cooks' contract for 1988-90. • Approved resolubon call for an eleebon on general obiigabon school building bonds. • Approved a special informabonal meebng on the school fadlibesbond eleebon for March 21,1989,830 pm. • Engaged Springsteds as bond consultant and Briggs and Morgan as bond attorney for the schcol facilities bond eleebon. • Approved the 1989-90 school calendar. • Approved the 1989-90 Orono High Ichool Registrabon Guide as proposed. Orono Elementary Stu<3ents Experience Young Audiences Performance Ort Monday, March 20th, kindergarten through 3rd grade students from Orono Elementary in Long Lake and Maple Plain will have the unique experience of involvement in a performance by professional arbsts from the Young Audiences of Minnesota roster. Young ■Audiences is an organization dedicated to bringing live professional arts programming to children in their schools. Now in its 26th season. Young Audiences of Minnesota sponsors over 500 performances, w'orkshops and residencies for over 100,000 students each year. 4 The students w'ill see and hear the Chamber Brass Players perform. Opening wdth a fanfare, the Chamber Brass Players will demonstrate how the "Golden Brass" has been used for centuries around the w'orld. Music from the towers and village greens of German towms, the American parade, the fox hunt, the race track, the Joplin rags and traditional bugle calls will all be p>erformed. Highlighbng this program is a demonstration of how' to create a homemade ougle. This program is funded by the Orono Education Fund. Kim Fragodl Elemcntan' Music Teacher Orono Youth Basketball 232 boys and girls, in grades kindergarten through 8th, participated in the Orono Youth Basketball Program- The program was sponsored by Orono Conununity Education and the Orono Basketball Boosters. The program included separate in-house leagues for kindergarten-first grade boys and girls, second grade boys, second/third grade girls, fourth/fifth grade girls, third/fourth grade boys, and fifth/sixth grade boys. There was also travel teams for fifth grade girls, and sixth, seventh, and eighth grade boys. Thank you to the many volunteer coaches and coordinators. Without their energy, enthusiasm, and support the program would not be the success that it is. Spartan Shoot-out On Saturday, January 14 the Orono Basketball Boosters and Orono Community Education sponsored a free-throw fund raiser. Girls and boys in kindergarten through twelfth grade went out and got pledges. They then each shot 100 free throws. Prizes were given out Lr those who brought in more than S25 in pledge money or who made the most free throws for each grade level. Over S2,000 was raised to help support the basketball program. These individuals won the awards for making the most free throws: Kindergarten Craig Haw'kinson, Amanda Brindley Firs’ Jrade Charlie Nelson, Maureen Massey Second Grade Chad Echols, Kelly Fedie TK* d Grade Graig Gorder, Jodie Reiser Fourth Grade Sean Kangrga, Susie Erickson Fifth Grade Derek Manning, Megan Alford Sixth Grade Scott Emmack Seventh Grade Ryan Kullberg Eighth Grade Chris Smith Ninth Grade Matt Alshouse Tenth Grade Mike Ke». Eleventh Grade Bryce Blanski ^•velfth Grade Dan O'Reilly, Aut a Pettis SI 00 in Pledges; Justin Stattman Graig Gorder Seth Victorsen Peter Dingmann Matt Toomey Overall Winner: Gra; l Gctder, 3rd Grade, 84 out of 100 Participant in the Orono Basketball Program First Annual Orono Basketball Tournament The Orono Basketball Boosters and Orono Community Education will be sponsoring a boys basketball tournament for grades 6th, 7th, and 8th grade on March 11 and 12. The tounuiment w'ill be held at the Orono High School and the Orono Middle School. Teams from area communities and out-state communities are participating. The public is invited to attend. BUS DRIVERS NEEDED MUST BE 18 YEARS OLD SPORT DRIVERS: S6HR. 2 HOURS GUARANTEED ROUTE DRIVERS: S6.70 HR START, 2 HOURS GUARANTEED CALL: HANUS BUS CO. 475-0038 School Board Election - May 16 Filing Dates: March 7 First day to file for office March 21 Last day to file for office May 15 Last day to apply for absentee ballot May 16 Annual School Board ELECTION DAY Polling Places: Orono Primary School Schunuinn Elementary School Candidate Qualifications: 7 am - 8 pm 7 am - 8 pm 1. 21 or more years of age at beginning of the term of office. 2. A citizen of the United States. 3. A resident of the school district for 30 days previous to the election. Absentee Voting Any person who is otherwise eligible may vote by absentee ballot for the following reasons: 1. a physical disability that prevents his/her going to the polls or voting in the voting booth at the polls; 2. his/her religious discipline make him/her unable to appear at the polling place at the time the election is held; or, 3. he/she expects to be absent from the district at the time of election. How to Apply for an Absentee Ballot An application for an absentee ballot may be submitted at any time not less than one day before the date of the election. The application for the absentee ballot must be made either in person or by mail to the Clerk of Independent School District "278, District Office, 6S5 Old Cr\'stal Bay Road, Long Lake, MN 55356, phone 473-7313. When the application has been signed and received by the Clerk of the school district, the Qerk will remit the ballot to the qualified applicant by mail or the applicant may personally pick up the ballot in the District Office. The marked absentee l^llot must be received via the U5. mail or hand delivered before the polls close the day of the election. Voter Fli|»ibility An eligible voter for a school district election shall be a person who at the time of the elections: 1. is 18 or nwre years of age; 2. is a citizen of the United States; 3. is a resident of the school district; and, 4. has resided in Minnesota for 20 days. Excerpts from Minnesota 211B.10 A person may not display campaign material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within a polling place or within 100 feet of the building in which a polling place is situated on primary or election day to vote for or refrain from voting for a candidate or ballot question. A person may not provide political badges, political buttons, or other political iirsignia to be worn at or about the polling place on the day of a primary or election. A political badge, political button, or political insignia may not be worn at or about the polling place on primary or election day. A person may not broadcast, circulate, or distribute campaign material, or cause campaign material to be broadcast, circulated, or distributed on the day of a primary or election. This subdivision does not modify or repeal section 7. Excerpt from Minnesota Stahitf 210A.03 ’ Any person or committee who shall publish, issue, post or circulate, or cause to be published, issued, posted, or circulated, otherwise than in a newspaper, as provided in section 210A.05, subdivision 1, any literature, campaign materials or any publication, including but not limited to cards, pamphlets, flyers, signs, banners, leaflets, tending to influence voters at any primary or election which fails to bear on the face thereof the name and address of the author, the name of the candidate in whose behalf the same is published, issued, posted, or circulated, and the name and address of any other person or committee causing the same tc be published, issued, posted, or circulated, shall be guilty of a misdemeanor; provided another herein contained shall be construed as modifying or rep>ealing any of the provision of section 210A.04." g NEWSLETTER AOMINimUTION OmCf MS OLD CRYSTAL BAY HOAD NOflTM LOMC LAKE. MINNISOTA SS35C 0*9- U S YOJJAGl PAID uvig H*MII NO 17 C.ty 0* urono P.O. Box 60 =-3=3 Crvstsl Bav MN MINUTES OF THE MEETING OF THE SCHOOL BOARD OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON FEBRUARY 13, 1989 The regular meeting of the School Board of Orono Independent School District No. 278 was held on Monday, February 13, 1989. Present: Dave McKown Don Anderson Kitty Crosby James Franklin John Maresh (arrived at 8:00 p.m.) Lucie Taylor Thomas Mich William Fenholt Kitty Crosby requested that discussion of salaries of election judges be added to the agenda. UPON MOTION by Lucie Taylor, seconded by Don Anderson, the consent agenda was approved as follows: - approved the minutes of the January 23, 1989 regular meeting; - approved Terri Lambert's request for a maternity disability leave to com mence on April 3, 1989 for the remainder of the 1988-89 school year; - accepted the resignation of Raymond Bentz, high school custodian, effec tive June 30, 1989; - accepted the resignation of Pauline Nadeau, middle school cashier, effec tive January 27, 1989; - approved the appointment of Marsha Noll as middle school cashier beginning January 30, 1989; - approved the bills as covered by vouchers 062044 through 062181 and 061324 through 061407. Dr. Mich stated that Orono teachers Vern Linn, George Johnson, Jan Jacobson, Terri Lambert, Ron Nelson, Herb Carruthers, and Kristen Powell were invited to make a presentation on the science cluster program to representatives from thir teen districts at Hennepin Technical Institute; that six rock bands (composed of students from Orono High School) presented concerts during the mods at the high school last week and raised $730 for the Minneapolis House of Charity; that congratulations are in order for the girls gymnastics team which placed second in the conference; that on February 16 there will be a meeting with legislators at Mound^estonka and Bill Fenholt and Jim Franklin will represent our district; that Orono will receive only a 1.2% increase in 1989-90 and zero in 1990-91 according to the Governors' budget/plan and that the editorial in the MINNEAPOLIS STAR TRIBUNE on this issue is misleading and that many metropolitan districts will be receiving far less than the paper quoted or according to the Governor's budget; that a group of parents. Parents for Orono Education, are working to support the referenoum and Mrs. Jackie Anderson is chairing that group with the help of Peg Swanson who chaired this group curing the last referendum and he expressed appreciation to them for their work in this area; that a special edition newsletter will go out to all residents of the district next Friday regarding information about the referendum; that he wanted to draw the Board's attention to an editorial in the high school newspaper Inside the Aquariurn regarding the upcoming referendum and because it is so well written, he is requesting permission to use the article in the next regular edition of the District Newsletter; that he also wanted the Board to be aware that the middle School has now started a newsletter called The Whachamaca. 1 it and a copy is in the information items; that he was passing out information that would fami liarize the Board with the process that will be followed in the search for a high school principal. Don Anderson informed the Board that Nathan Miller is representing Orono in the state wrestling tournament. Lucie Taylor stated that there are three gymnasts that made section 6AA - Gretchen Craven, Sarah Levering and Sarah Brown. Lucie Taylor reported on the Teacher Meet and Confer was held on January 25 with the specialists from the district regarding scheduling and personnel. Another meeting has been requested and the date was set for April 18 at 4:00 p.m. Jackie Anderson read a letter to the Board from the Orono Education Fund commit tee in which they pledged unanimous support of the upcoming referendum. Member Kitty Crosby adoption: introduced the following resolution and moved its RESOLUTION CALLING FOR AN ELECTION ON GENERAL OBLIGATION SCHOOL BUILDING BONDS AND REPEALING AN EARLIER RESOLUTION A. WHEREAS, Minnesota Statutes, Chapter 205A, has subjected Independent School District Nusiber 278, Minnesota (the "District"), to Minnesota's general election law,* and B. WHEREAS, it is desirable in so complying to repeal a resolution adopted on January 23, 1989, and to adopt in its stead this resolution! MOW, THEREFORE, BE IT RESOLVED by the School Board of Independent School District Number 278, Minnesota, as follows! 1. Finding. This School Board has investigated the facts and does hereby find, determine and declare that it is necessary and expedient for the District to finance the acquisition and betterment of school facilities by the issuance of its general obligation bonds (the "Project”). 2. Election. Subject to the Commissioner of Education's review and comment on the Project as required by Minnesota Statutes, Section 121.15, which will be published at least twenty (20) but not more than sixty (60) days before any referendum on the issuance of bonds to finance the Project or solicitation of bids to construct the Project, the proposition of issuing general obligation bonds for said purpose shall be submitted to the qualified electors of the District at a special election to be held on March 21, 1989. Said election shall be held between the hours of 7:00 o'clock A.M. and 8:00 o'clock P.M. The precincts, polling places and election judges for said election shall be those set forth in a separate resolution adopted this day. 3. Notice and Ballot. The Clerk is hereby authorized and directed to post and publish according to law a^ Notice of Special Election, and to prepare ballots for use at said election, which notice and ballots shall be in substantially the following form: NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN that a special election will be held In and for Independent School District No. 278 (Orono), Hennepin County, Minnesota, on March 21, 1989, between the hours of 7:00 o*clock a.m. and 8:00 o'clock p.m., at which time the following question will be submitted: “Shall Independent School District No. 278 (Orono) be authorized to issue its fully registered general obligation bonds in the principal amount not to exceed $2,695,000 to finance the acquisition and betterment of school facilities?" The District has recently established separate precincts and polling places as required by a recent law. A qualified elector of the District may cast his or her ballot only at the poling place for the precinct in which he or she resides. Precinct maps are available for public inspection at the District's offices in Orono, Minnesota. Precinct 1 consists of all of the cities of Long Lake and Minnetonka Beach and those portions of the cities of Orono, Medina and Wayzata which are in the District. The polling place for Precinct 1 is the Schumann Elementary School in Orono, Minnesota. Precinct 2 consists of all of the city of Maple Plain and that portion of the city of Independence which is in the District. The polling place for Precinct 2 is the Orono Primary School in Maple Plain, Minnesota Dated: February 13, 1989 BY ORDER OF THE SCHOOL BOARD OF INDEPENDENT SCHOOL DISTRICT NO. 278 (ORONO) OFFICIAL ELECTION BALLOT MARCH 21, 1989 INDEPENDENT SCHOOL DISTRICT NO. 278 (ORONO) HENNEPIN COUNTY, MINNESOTA "SHALL INDEPENDENT SCHOOL DISTRICT NO. 278 (ORONO) BE AUTHORIZED TO ISSUE ITS FULLY REGISTERED GENERAL OBLIGATION BONDS IN THE PRINCIPAL AMOUNT NOT TO EXCEED $2,695,000 TO FINANCE THE ACQUISITION AND BETTERMENT OF SCHOOL FACILITIES?" INSTRUCTION TO VOTERS: If you wish to vote in favor of the above proposition, mark a cross (X) in the square before the word "YES". If you wish to vote against the above proposition, mark a cross (X) in the square before the word "NO". (NOTE; On the back of each ballot shall be printed the words "Official Ballot", the date of the election and lines for the initials of the judges.) 4. Election Procedure; Canvass. Said election shall be held and conducted in accordance with the statutes of the State of Minnesota applicable, including Minnesota Statutes, Chapter 205A, and the School Board shall meet as required by law for the purpose of canvassing said election and declaring the results thereof. 5. Review and Comment. Not less than twenty (20) days nor more than sixty (60) days before said election the ClerJc of the District shall cause to be published in a legal newspaper of general circulation in the area the review and comment of the Commissioner of Education furnished to the District pursuant to Minnesota Statutes, Section 121.15, and any information supplementary to such review and comment shall be available for public scrutiny at the central administrative office of the District. 6. Repeal of Prior Resolution. The resolution of the School Board adopted on January 23, 1989, entitled, "Resolution Calling for an Election or. General Obligation School Building Bonds," is hereby repealed. The motion for the adoption of the foregoing resolution was duly seconded by member Pnn AnHpr«nn_ _ _ _ _ _ and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Crosby, Taylor, Franklin, Anderson, McKown and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA COUNTY or HENNEPIN I, the undersigned, being the duly qualified and acting Clerk of Independent School District Number 278, Minnesota (the "District"), DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the School Board of the District duly called and held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and correct transcript therefrom insofar as the same relates to the calling of an election on the proposed issuance of general obligation bonds to be used for the acquisition and betterment of school facilities. WITNESS my hand as such Clerk this 1.^ day of ebiluiML 1989. / Cler UPON MOTION by Kitty Crosby, seconded by Lucie Taylor, the Board of Education reversed these two motions as the precincts, polling places, and judges need to be established prior to the motion calling for the election according to the election laws. Member Kitty Crosby adoption: introduced the following resolution and moved its RESOLUTION ESTABLISHING THE BOUNDARIES OF ELECTION PRECINCTS, DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES A. WHEREAS, Minnesota Statutes, Chapter 205A, was enacted in 1987, governing elections of independent school districts held after July 1, 1988, and subjecting such elections to the Minnesota election law as far as practicable; and B. WHEREAS, Independent School District Number 278, with offices in Orono, Hennepin County, Minnesota (the "District"), will hold its first election subject to the new law on March 21, 1989; and C. WHEREAS, the new law requires that there be only one polling place per precinct, and it is necessary and desirable that the District have two polling places; and D. WHEREAS, the District must establish the boundaries of the election precincts, designate the polling places for each precinct and appoint election judges for each precinct; and E. WHEREAS, precincts and polling places will be the same for all succeeding elections unless and until changed by this School Board: NOW, THEREFORE, BE IT RESOLVED by the School Board of Independent School District Number 278, Minnesota, as follows: 1. Election Precincts. The area of the District is hereby established and set into t%ro election precincts, to be known as "Precinct 1" and "Precinct 2". The School Board hereby establishes and sets the boundaries of Precinct 1 to be those boundaries which cause the area of Precinct 1 to encompass and consist of the area of all of the cities of Long Lake and Minnetonka Beach and those portions of the cities of Orono, Medina and Wayzata which are in the District. The School Board hereby establishes and sets the boundaries of Precinct 2 to be those boundaries which cause the area of Precinct 2 to encompass and consist of the area of all of the city of Maple Plain and that portion of the city of Independence which is in the District. 2. Maps. The Clerk shall prepare and file with the County Auditor of Hennepin County, and with the Secretary of State and the State Planning Commissioner if required by law, maps showing the correct boundaries of each election precinct, and shall retain copies of the precinct maps for public inspection. For every election held in the District the election judges shall be furnished precinct maps. 3. Polling Placys. Thg School Board haraby de8l9nates and satt the polling placa for Precinct 1 to ba the Schumann Elementary School in Orono, Minnesota. The School Board hereby designates and sets the polling placa for Precinct 2 to be the Orono Primary School in Maple Plain, Minnesota. Each of said polling places is within its precinct, and complies with the requirements of the Minnesota election law. 4. Election Judges. After establishing that said persons are qualified and eligible to be election judges under the Minnesota election law, the School Board hereby appoints the follovv:.; <iersons (being at least three in number for each precincti ^^'tion judges for Precincts 1 and 2, respecti.. ^ ollows: Precinct 1 Precinct 2 Ken Turnham. Head Eli^rflnn .Tnrfgg Deanne Preston Judith Davies Ruth Elslni^er Bobbl Abdo Lois Johnson Betty Stevens Elajme HalidIn Elaine Goldsmith Sharon .iechavlcn Cherry Stubbs Jeanne Sorenson Carol Strassbure Deborah Henthorne Pat Hasse Two alternate Judges: Laura Miller and Bernice Breltbarth The motion for the adoption of the foregoing resolution was duly second... member Lucie jayior and, after full discussion thereof and up vote being taken thereon, the following voted in favor thereof: Crosbv, Taylor, Franklin, Anderson, McKown and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA COUNTY OF HENNEPIN I, the undersigned, being the duly qualified and acting Clerk of Independent School District Number 278, Minnesota (the "District"), DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the School Board of the District duly called and held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and correct transcript therefrom insofar as the same relates to the establishment of the boundaries of election precincts, designation of polling places and appointment of election judges. WITNESS my hand as such Clerk this I day of 1989.U ( Dr. Mich explained that the setting up of the precincts is being done as man dated by state law. UPON MOTION by Kitty Cro-by, seconded by Don Ander^’ n, the Board of Educal'on approved the appointment of Mrs. Marge Gasch and Evy Zacher to assist the clerk in preparing for and running the March 21, 1j89 referendum election. Member Kitty Crosby introduced the following resolution and moved its adoption; RESOLUTION ESTABLISHING OATES FOR FILING AFFIDAVITS OF CANDIDACY 1. 2. 3. 4. The period for filing affidavits of candidacy for the office of school board member of Independent School District No. -^^ll begin on March 7, 1989 and shall close on M^rch <1, 1989. An affi. candidacy must be filed in the office of the school district cleric anc . s2 filing fee paid prior to 5:00 o'clock p,r. on March 21, 1989. The clerk is hereby authorized and directed to cause notice of said filing dates to be published in the PIONEER, the official newspaper of the district, at least two weeks prior to the first day to file affidavits of candidacy. The clerk is hereby authorized and directed to cause not^'e of said filing dates to be posted at the administrative offices of the -hool district at least ten days prior to the first day to file affidavits of candidacy. The notice of said filing r!atej shall be in substantially the following NOTICE OF FILING OATES FOR ELECTION TO THE SCHOOL BOARD INDEPENDENT SCHOOL DISTRICT NO. 278 NOTICE IS HEREBY GIVEN that the period for filing affidavits of candidacy for the office of school board member of Independent School District No. 278 shall begin on March 7, 1989 and shall close at 5:00 o'clock p.m. on March 21, 1989. The general election shall be held on Tuesday, May 16, 1989. At that election, two members will be elected to the School Board for terms of three years each. Affidavits of candidacy are available from the school district clerk, 685 Old Crystal Bay Rd., Long Lake, MN. The filing fee for this office is $2. A can- didate for this office must be an eligible voter, must be 21 years of age or more on a.-nming office, must have been a resident of the school district from which the candidate seeks election for 30 days before the general election, and must have no other affidavit on file for any other office at the same primary or next ensuing general election. The affidavits of candidacy must be filed in the office of the school district clerk and the filing fee paid prior to 5:00 o'clock p.m. on March 21, 1989. Date: February 13, 1989 BY ORDER OF THE SCHOOL BOARD leripe 05. Katherii(i« p. Crosby, Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Lnr-tP Tavior and, after full discussion thereof and upon a vote being taken thereori, the following voted In favor thereof: CFOsby, Taylor, Franklin, Anderson, McKown and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. UPON MOTION by Kitty Crosby, seconded by Lucie Taylor, the Board of Education approved June 12 - 29, 1989 as the dates for the operation of the 1989 sumner school program. UPON MOTION by Lucie Taylor, seconded by Kitty Crosby, the Board of Education approved the recommended guidelines for the development of a school day schedule presented by the School Day Schedule Task Force as follows: RECOMMENDATIONS OF THE SCHOOL DAY SCHEDULE TASK FORCE TO THE ORONO BOARD OF EDUCATION 1. Of Immediate concern is a combination of elementary and high school students on the same bus. The Task Force highly encourages the Board to address this issue this school year (1988-89). 2. It is recommended that the School Board explore other transportation grade configurations and to plan bus routes differently but efficiently within limitations. 3. If possible, there should be no nix of students on a bus, e.g. elementary with high school; middle school with high school; etc. If this is not possible, then the concept of monitors on busses should be explored. 4. The school day schedule should be established with the high school beginning first, intermediate school/middle school second and elementary third. 5. Any schedule changes for next year should not negatively impact teacher pre paration time nor extend their supervisory duties. 6. Any schedule changes must be established in a timely fashion so the com munity can be notified of the public hearing prior to the final establish ment of the schedule, and prior to the closing of the school year. 7. The Board should recieve the packet of materials provided for the task force which summarized the survey results and, further, the task force encourages the Board to pay particular attention to parent, teacher, and principal comments. 8. The Task Force encourages the Board to continue to be sensitive to the needs of families requiring day ^are and their need for timely notification of schedule changes. 9. The Task Force asks that the Board encourage the highest level of safety and concern for the well-being of children on the part of the transporation company. 10. The Task Force recommends that no schedule changes take place this academic year. UPON MOTION by Kitty Crosby, seconded by Lucie Taylor, the Board of Education established the salaries for election judges at $5.00 per hour. UPON MOTION by Lucie Taylor, seconded by Kitty Crosby, the Board of Education authorized administration to seek bids and replace the gymnasium floor at the Orono Primary School. Karen Orcutt, Special Education Director, reported to the Board on special edu cation eligibility criteria, both state and local, for LD, EMH and E/BD programs in Minnesota and the issues surrounding this eligibility criteria. I” her report, Ms. Orcutt provided information to the Board about Orono's use of eligi bility criteria in the programs in our district. UPON MOTION by John Maresh, seconded by Jim Franklin, the meeting was adjourned. Approved: Katherir^T. Crosby, Clerk .0... Dave McKown, Chairman I; ffi Maxx:h 2,1989 TO: Mayors, Managers, and Clerks FROM: Lynda J. Woi^f^^^xecutive Assistant to the Executive Director RE: LMC 1989 Legislative Action Conference - March 29 ors Now is the time to re Action Conference w------------ , . „ n i Radisson Hotel on Kellogg Boulevard in St. Paul. such as: ** Senator Doug Johnson *♦ Representative Robert Vanasek *♦ Senator Roger Moe ♦* Senator John Bernhagen •* Representative Todd Otis ** Senator Don Moe ♦* Representative Wayne Simoneau ** Senator Lar^ Pogemiller •* Representative Rich O’Connor •* Senator Bob Lessard •• Representative Willard Munger The morning sessions are dedicated to hearii^ from our state leaders and their ideas for changes in state bw. In the afternoon, there are concurrent sessions on comparable worth, tax increment finance, pension issues, affordable housmg, and solid waste. cin issues with your legisUtors. Please call your legislators and request an appointment with them during this time. You will also want to ‘hem to attend the League’s reception for city officials and legislators back at the hotel at 5:30 pm. The League’s Le^lative Conference will provide you with irnportant information on legislative issues. So don’t delay, register today! League of Minnesota Cities, 183 University Avenue East, St. Paul, MN 55101-2526, (612) 227-5600 lUU Revised schedule for legislative conference 9:30 • 10:00 am 10:00 -10:30 am 10:30 -10:45 am 10:45 - Noon 10:45 • 11:15 am 11:15 -11:45 am Noon 1:30 pm **Cliai2enges for Cities in the 1989 Legislative Session'* Presidential Address — James Scheibel, LMC president councO president, St. Paul Property Tax Issues The architect of Mhinesola ’s new property tax law will comment on what future property tax changes may be in store for ddes. Senator Doug Johnson, chair. Senate Committee on Taxes City 0£6dal Panel: MiDie MacLeod, coundimember. Moorhead Timothy Madi^, dty manager, Waseca James Miller, dty manager, Minnetonka Thomas Slaggie, mayor, Winona Moderator: James Scheibel Break Major Pending Legislative Issues Representative Vanasek and Senator Moe will address solid and hazardous waste, surface and underground water projection, pay equity, transportation, and the "Year of the Cities" legislative initiatives. Representative Robert Vanasek, speaker of the House Senator Roger Moe, Senate majority leader City oChdal panel will follow Luncheon — Governor Rudy Perpich Gnvited) Concurrent Sessions: Comparable Worth Senator Ember Reichgott (invited) Avhra Breen, executive director. Legislative Commission on the Economic Status of Women Moderator —Gary Bastian, coundimember, Maplewood Pending legislation. S.F. 130. would establish that failure to implement a comparable worth plan is an unfair discriminatory practice based upon sex. Senator Ember Reiengott is invited to talk about S.F. 130 and the likelihood of any comparable worth legislation passing this session. Also invited is Aviva Breen, executive director of the Legislative Commission on the Economic Status of Women. Tax Increment Finance Senator John Bemhagen, member, Senate Committee on Economic Development and Housing Representative Todd Otis, chair. House E 'onomic Devel opment and Housing Committee Moderator —Steve Quam, mayor, RichSeld Senator John Bemhagen and Representative Todd Otis win discuss their views on tax increment financing, and economic development in genenl. and if they intend to pursue TIF legislation. Pension Issues Senator Don Moe, chair. Senate Governmental Opera tions Committee 2:15 • 2:30 pm 2:30 • 3:30 pm 3:30 “ 5:30 pm 5:30 pm Representative Wayne Simoneau, chair. House Gove". mental Operations Conunittee Moderator—BQl Bassett, dty manager, Mankato Win legislation be introduced to change actuhal assump tions, lengthen amortization periods and make benefit improvements in the Public Employers Retirement Asso ciation (PERA) general and polire and fire fimds? Senator Moe and Representative Simoneau win inform dty officials of changes they feel are necessary to make the PERA system better. Break Concurrent Sessions: Affordable Housing Jerrold Boardman, president. Minnesota Association of Local Housing Finance Agendes (MALHFA) and HRA Director. Bloomington David Schultz, president. Minnesota Chapter of the National Association of Housing and Redevelopment Offi cials and Executive Director of the Winona HI^ Senator Larry Pogemilier Representative Richard O’Connor, chair. House Housing Division of Financial Insitudons and Housing Conunittee Moderator—Bruce Nordquist. Richfield HRA Loss of federal funds for housing have combined with loss of tax advantages for investors in low- and moderate- income housing to make preservation of affordable housing a major problem for cities across the state. This session wQI address the concerns of dties as viewed by the Governor’s Commission on Affordable Housing in the 1990s and look ahead to legislative propo.^als to meet those needs. Solid Waste Senator Bob Lossard. member. Senate Committee on Environment and Natural f’.esources Representative Willard Mune r, Chair. House Committee on Environment 4nd Natural Resources Will the Legislature mandate volume based collection and curbside recycling, a sales tav «« collection services, or a state-wide tipping ice for so* ’’c? Inv d to speak are Senator Lessard and Re Atative Monger to discuss these important issues. City Day on the Hill City offit^ should make appointments with their legisla tors to discuss pending legislation of importance to ddes. Copies of the League’s policies will be available at the conference to use during your discussions. Reception for City OfiBdala and Legislators The League will invite all legislators to attend. We request, however, tliat you personally invite your legisla tor and arrange to meet him/her at the reception. m a UUJ LMC 1989 Legislative Conference Wednesday, March 29, 1989 Radisson St. Paul Hotel 11 East Kellogg Blvd. St. Paul, Minnesota 55101 Name Name Name Registration .(Please print or type) _ Title __________ _ Title __________ Title Registration fee: $55.00 advance, $65.00 on-site. Advance Registration Deadline -- Wednesday, March 22, 1989. Check enclosed in the amount of $__________________ Fee includes conference registration, luncheon, and evening reception with legislators invited. Mail to League of Minnesota Cities, 183 University Avenue East, St. Paul, MN 55101. i R.idisson' Hotel Sl Paul V aV ii k.lluo; ONd. " ^ M. r«L M.N SSIOI (tl!l ORGANIZATION League of Minnesota Cities FUNCTION 1989 Legislative Conference Au ncouESTS ’Ml A80VE caooe MUST BE AECEivco IT March 14. 1989 DONT FORGET— MAKE CHECK OR MONEY ORDER PAYABLE TO RADISSON HOTEL ST PAUL DO NOT SEND CURRENCY OATES March 28-29. 1989_________ Please reserve accorDmodaiions tor NAMP COMPANY Pnnl or Type iAStannRPSS r<MST riTv STATE r'PCODE RHARiNr. nnnM mith NO . tCRtiONS Signature Phone NUMBPR II 1 ucn ’>*cat 1 Ah arrival Ituf month oat T(AA CHECK OUT TIME 12 00 PM AMAi.A, OAU OlPARIuRf OAll ACCOMMODATIONS WILL NOT BE CONFIRMED WITHOUT A CHECK FOR THE 1st NIGHT S DEPOSIT OR USE YOUR AMEX OR DINERS CLUB CREDIT CARD « TO GUARANTEE YOUR RESERVATION. YOU WILL BE CHARGED FOR THE 1st NIGHT IF RESERVATIONS ARE NOT CANCELED 4 8 HOURS PRIOR TO ARRIVAL. CREDIT CARD a □ AMEX □ DINERS CLUB □ VISA □ MASTERCARD EXPIRATION DATE (^..EAbE CmCCA On E> PLEASE CHECK PREFERRED ACCOMMODATIONS SPECIAL REDUCED RATES FOR MEMBERS ONLY _$58.00 SINGLE ________$68.00 DOUBLE (2 People) IF RATE REQUESTED iS NOT AVAILABLE NEAREST AVAILABLE RATE WILL BE ASSIGNED THERE IS AN ADDITIONAL Si2 00 CHARGE FOR THE Tm RQ OR FOC'TM OCCUPANT IN EACH ROOM RATES ARE SUBJECT TO APPLICABLE TAXES NO Charge FOR CHILDREN UNDER 18 OCCUPYING THE SAME ROOM AS PARENTS 110 22 1 9 <r<^' _4 — ^<?t . • *• ■v'£-rtUa£A 5^ i: < •; ... i ; . **• - i''v, k •<'=-.; ■; ■ •*.■ * * 'J :-W . * fi';-'- ' .. ^ • V 4* V/ .. V. / • ’ ■ ' ■ ,<ry-. .v>- .: •"r - r.• :.•.■ ■:. ••■ . ••• ci'^ ^ce^S StZ iCfCSoKj TUom T(OJ^ Al Ct/^^ '\J Thyllis eFiteyer t 1 /ff9 *• * ■-: .liSfe^V>inrVKa /%/ =r. 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'••>•■ r' ■'..•.•■ »' '.^ ■ ■ % ■: :r’:^-,. k:W m'M Certificate Survey ^ 1 3 7 J LEGAL DESCRIPTION r^; R - H s Lot K AUDITOR'S SUBDIVISION NUMBER 203. according to tha recanted plat thereof. Hennepin County, Nlnnniota. t .<r0^t* mm T 0cn6\t‘» \fo(\ mot\ufflfi(\\ maftt<i R.L^. ■4^ • Dc.noW«* iron Btonumtn^ ?£sunA ►rtV Bearmc^'a ta&eci on aSk<;.uiiU£A (ia\a / tmm m» Itm mntif,ftm,«r rtpttt mm pnpmm4 Ar *• or Mier er mpormioo ond Kmt I om o /hfiotmod Lmd <>L »» StHo of mnoornta. OotoJilL Hoeittrotiofiotafntwn MmOor 17549 i..Scale.'. 1 iftcl\ s 40 fce,\ \MW- m-SW44' »"E. e»AY5\tiE n».oo- ROAD** r7T> 'feui^ ikeantykn Lounlu Owl i(M (M. at €»t or. KL tA Get's T.in,R.l^. frotnaoaal Land Sr¥oifon m.m: : . ■-• ^: IP r£Uf5nU7 >«550C ‘/4r£S /M7. nt./am,a Lom,m>. sssse (6e>9&3-ei56 Bob liTlinkema DrafteAkr^: Ve.Oak', i-n-a^) 9^\i Cn T 3ok hL. if mm: m'- I '1 : : :; : ' :■ •. ■ . "■■'■: ■ ■ ■ m 1: > Is ^ ;. i i 5, ■ ^ y ■ :' ' ■• ■ •- 'V - -V. >” '■■ -V '■^■^ . ; ■ ■• ■■ '- m: ■ ■ ■ ’f'-' :■'v^. , ^ ^.-. , "■■ • ‘•t I hmby ««rtify th*t thl. i« « t™ North M foot of ■«!«» Lot; th.no. South 07 d.QrMa 27 minutw EMt.to tt. following d..crib«l lin.: S»«-ly of . lin. dr«n par.11.1 with »d distant 71.2 fMt Northerly, ahora of Cry.tal B«y Lak. Minn.tonka; and that part 2, y addition to th. County of Hannapin in tha. Township of Orono, tha location of all buildings, if any, •Nota: Baarings shown ara shown on tha plat of “Shady wood* and tha Mortharly llna of tha abova dascribad proparty is assunad to ba dascribad in ralation to said plat baarings. Seals: 1 inch - 20 faat Data : January 13, 1986 o : Danotas iron sMrkar corriN a grombesg, ihc. /.Mark. S. Gronbarg Lie. 12755 Gordon R. Coffin Lie. No. 6064 ..Encfinaars, Land Survayors, Plannars :.0iOngJLaka, Ninnaaota it--- :• SCALE: t" » 20' DATE : 12-31-86 0 : Iron marker I hereby certify that this is a true and correct representation of a survey of the boundaries of all of Lot 10 and that part of Lot 11 described as follows: Beginning at the Northwest comer of said Lot 11; thence Southerly along the Westerly line thereof to the Southwest corner of the North 14 feet of said Lot 11; thence SouthiS?'degrees 27. minutes East to the shore of Crystal Bay; thence North along said shore to the North line of said Lot 11; thence West along said lot line to the point of beginning, in Shadywood, and the location of all existing build'ngs thereon. It does not purport to show other improvements or encroachments. COFFIN > 6RCNBERG, INC. Note: Bearings shown are shown on the plat of "Shady Wood" and the Southerly line of the above described property is assumed to be described in relation to said plat bearings. Mark S. Gronberg Lie !tof^127S5 Engineers, Land Surveyors & Planners Long Lake, Minnesota \1 'mm V"-'» mm,‘V