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W 6P AMe£5 lAJin^ [^7 bb wteoLT) Ai As5 A)//U/y. '0Tb C©mo^^eP. . , pb m^g£) rD ^/^ys / CWact ^ J^2% bb ^6P 3% 3--2^ t^yCSo, Geg-Z/y. il'^/ ijeMiJifiiL— ''3T mVtp LcXii^, ^P ^O5-~0 ^ ; . ~SwD A- Lim.16 fflWfV, fC rmm 43t> tov-Sa/WAJA- PUBLIC ATTENDANCE A CITY OF MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS NAME OR NUMBER PRESENT FOR (from agenda 1.^ /JV 2. \]j?J\y\ n J9Si M./V. ^ /y^zr 1*^1 *9 s "i' K ^ ^ i.< /. r o ^jy '-^ /yo& -C.Ci/1 Qi^XPi Pr. C a 7 ** 1677 5. /y/Ll'TSi n^lOO^ZllcO (X>ei-L<c, —■—7 * ? T 3.*^ S ^ A<V*H W-o ->c^ 9^.^ /*+<>/ 7. VOTV1 / AlhwjUs^U.i ^ 1 (b-'j'iirLi' ---------/L,.^------------------ 9. h\(^C^dn^ rhu VlL } 7.A ’J.h^T Z 'f'- H '7 . //^ aJ. ^t^u/alc. 11. AU o^: ^jr4ou«ei2_ 1 1a .^ 1------------------- 12. 0.v>^rrv f'T- , g MHoo £K>»tk‘w,'UA ----------------------------------- --------------------------- 13. 14. 15. 16. 17. 18. 19. 20. AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JUNE 12, 1989, 7:00 P.M, (♦) Aste k items are considered to be routine items to be enac’. * upon by one motion by the City Council under the Consent Item* on the agenda. Discussion will be held upon request. Memos regarding each of the Agenda items are available in the Public Packet which may be obtained upon request from the Recorder. ROLL CALL 1. CONSENT AGENDA* APPROVAL OF MINUTES * 2. Regular Meeting of May 22, 1989 CITy OF * 3. Reconvened Board of Review Meeting of May 24, 1989 * COUNCIL MEETING JUN 121989 WHO LAKE MINNETONKA CONSERVATION DISTRICT - Eugene Strommen 4.a. Eurasian Water Milfoil b. Comprehensive Management Plan for Lake Minnetonka PLANNING COMMISSION COMMENTS - Sara Moos Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT **APPLICANTS** Immediately after the Council has reviewed your application please sign the three (3) original resolution copies. 5. 6- 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. #1326 Wayzata Country Club, 200 Wayzata Boulevard - Subdivision - Preliminary Plat Approval - Resolution #1391 Terry Sadler, 1395 Baldur Park Read - CUP/Variance - Resolution #1397 Art Center of Minnesota, 2180/224i) North Shore Drive - Lot Line Rearrangement - Resolution #1401 John Fiebelkorn, 2730/2740 Shadywood Road - Lot Line Rearrangement - Final Approval - Resolution #1402 John Lehmeyer, 323 Crestview Avenue - Variance - Resolution #1403 3205, 3215, 3255 and 3265 Crystal Bay Road - CUP/Variance - Resolutions #1404 John Miklethun/Harold Haug, 1385 Cherry Place - Variance - Resolution #1406 Dennis Kumlin, 2665 Fox Street - Preliminary Subdivision - Resolution #1407 Leopold Hauser, 475 Ferndale Road North - Subdivision - Preliminary Plat Approval #1408 Smith Bay Marina, 1955 Shoreline Drive - Renewal Variances #1409 Jann/Renee Olsten, 3090 Farview - Conditional Use Permit - Resolution #1410 Julie Prineas, 1980 Heritage Drive - ‘/ariance ENGINEER'S REPORT 17. Livingston Avenue Drainage 18. 1989 Seal Coat Bid Award AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JUNE 12, 1989, 7:00 P.M. MAYOR/COUNCIL REPORT 19. City Administrator Terras of Contract 20. Subcoraraittee Members - Oral Status Reports - J. Diann Goetten - Lake Access - Alan Nettles - Lake Use - Jeanne Mabusth - On Shore Related Facilities Ltennial Permanent o)CITY ADMINISTRATOR'S REPORT 22.. Facility Site Tour Arrangement 23. Eiiplbyee Recognition Program Minnesota Liquor Statute Goals and Objectives "26. City Administrator Draft 89-90 Goal Setting 27. Facsimile Machine Transfer of Funds M.S.A. Construction Fund to Improvement Revolving Fund 1990 Preliminary Budget Gu’‘uelines Administrator's Information 1950 Shorelire Drive 1972 Shadywood Road Bicycle Race Legislative Summary - Senator Gen Olson's Letter 4555 Wayzata Boulevard/Train Accident Summary of Receipts/Disbursement - April Year to Date Electronic Funds Transfers 28. 29. 30. CITY ATTORNEY'S REPORT LICENSES (31*) BILLS (32*) ADJOURNMENT MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 22, 1989 nxwcii meet H# JUN18I989 ciry OP ORONO ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, CounciImembers Nettles, Goetten and Peterson; CounciImember Callahan was absent. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Public Works Director Gerhardson, Assistant Planning and Zoning Administrator Gaffron, City Attorney Barrett, City Engineer Cook, Police Chief Kilbo and City Recorder Scheffler. CONSENT AGENDA* CounciImember Peterson requested the removal of item #23 from the consent agenda. It was moved by CounciImember Goetten, seconded by CounciImember Peterson, to approve the Consent Agenda, with the exception of item #23 which was removed and discussed in the order it appeared on the agenda. Motion, Ayes=4, Nays=0, Motion passed. APPPROVAL OP MINUTES* It was moved by CounciImember Goetten, seconded by Councilmember Peterson, to approve the Minutes of the May 8, 1989 Regular Council Meeting. Motion, Ayes»4, Nays-0, Motion passed. APPROVAL OP MINUTTS-BOARD OP REVIEW* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Minutes of the May 11, 1989 Board of Review Meeting. Motion, Ayes»4, Nays=0, Motion passed. LAKE MINNETONKA CONSERVATION DISTRICT REPORT: There was no LMCD Report as Representative, JoEllen Hurr, was unable to attend the meeting. Mayor Grabek indicated that he had been contacted by the Mayor of Greenwood concerning the St. Alban's Bay Marina. Mayor Grabek also mentioned that he wished to address the issue of the amount of shoreline over which ^he LMCD wanted to have jurisdiction. He wanted to get an opinion from the Council and pass that information along to Representative Hurr. PUBLIC COMMENTS: There were no comments from the public. 3WT33M JIOMU03 KIIIOTES OF THE ORONO COUNCIL MEETING OF MAT 22, 1989 t ^ usk^mskTRATOR'S REPORT: #1396 MINNETONKA BOAT WORKS 1449 SHORELINE DRIVE CONDITIONAL OSB PERMITAARIANCE RESOLUTION #2638 Mr. Irwin Jacobs, owner of the Minnetonka Boat Works, was present as was Ms. Beth Whittaker, a representative of the Minnetonka Boat Works. City Administrator Bernhardson said that this item was conceptually approved at the previous Council Meeting. Staff was bringing forth the Resolution and a revised plan that was also previously approved. Mr. Jacobs indicated that he had no objections to the Resolution and was confident that the plan as approved would be mutually satisfying. Councilmember Nettles stated that he discussed this matter with Councilmember Callahan and found that Callahan shared his concerns regarding safety of County Road 15 and increased lake density. Nettles said he determined that Cillahan's vote in favor of this application was based on his feeling that the City Council did not have jurisdiction to regulate docks. Nettles said that he had reviewed the case of "Welch v. The City of Orono" and though the City lost, under Minn. Stat. 412.221, subd. 12, Orono does have the power to regulate dock location, length and other reasonable regulations that extend into Lake Minnetonka. Nettles was authorized by Callahan to speak on his behalf and indicate th^t he wanted more time to evaluate this application. Nettles said that Callahan shared his concern that the way in which the City was relating with the LMCD on this application was not ideal. In his opinion, the City was responding to the LMCD's authorization for the number of docks granted to Minnetonka Boat Works and the City was supposed to react to that authorization from a land use standpoint. He said that he would like a more coordinated effort with the LMCD. Nettles clarified that his reservations had no relation to the applicant personally, or his ability to do a good job. He felt that the City could not ask for a better developer than Mr. Jacobs. Councilmember Nettles said he was concerned that the City was stacking uses to an already congested area. In his opinion the City would be adding uses beyond that area's capacity to safely handle them. He also did not want to see the City add more commercial conce.itration along Highway 15. He feared that the Highway Department would at some point request that Highway 15 be expanded and upgraded. Additionally, Nettles was concerned about the City's consistency in relation 'co this application and the safety issue regarding County Road 51. He also noted that the City is on record as being opposed to the Regional Park, due in part to the City's belief that there is already overuse of MINUTES OP THE ORONO COUNCIL MEETING OP MAY 22, 1989 ZONING PILE #1J96-MINNBT0NKA BOAT WORKS CONTINUED Lake Minnetonka. Mr. Jacobs* application, if approved, would add 48 large boats to that use. In conclusion. Nettles said that he had received a call from a citizen congratulating him on his stand against this application. Nettles proposed that in lieu of acting on this application that it either be tabled until CounciImerober Callahan was present to express his views, or that a moratorium be placed on new or expansion of existing commercial marinas on the lake until a sufficient ordinance i*ddressing these concerns could be drafted and adopted. It was moved by CounciImember Nettles to propose a moratorium on new or expansion of existing commercial marinas until such time that an ordinance is drafted to deal with the statutory power the City has to regulate piers, docks and wharfs under that statute. Mayor Grabek suggested that the other CounciImembers be given the opportunity to discuss the application. Mayor Grabek opined that Nettles' concern for safety was somewhat unfounded. It was his belief that this development would improve the safety of Highway 15 from what currently exists. He noted that the aspect of parking and pedest*ians made the City's concerns for County Road 51 comparable to County Road 15. He said that Mr. Jacobs was trying to eliminate the parking and pedestrian traffic along County Road 15. whicn the Mayor believed was the real safety problem. Mayor Grabek said that having a designated cross-walk would improve the situation. In response to Nettles concern of increased density, Mayor Grabek replied that this marina had i -? lowest density of any marina area. Grabek noted that thei . was also the benefit of the amenities being provided. Mayor Grabek stated that in his opinion the development would be an improvement to the City and the safety along that entire stretch of road. Mayor Grabek said that he was not in favor of a moratorium and did not feel that the City should sacrifice the opportunity to improve the lakeshore and the commercial establishments existing in the area. He said that the City did not want to depress development and improvement of property, but would rather promote it. Mayor Grabek said that this was an opportunity for <:ity improvement in exchange for 40 boat slips. Mayor Grabek told Nettles that use of the term "big boats" was inappropriate. CounciImember Peterson expressed her concerns regarding the parking plan being proposed and the runoff and retention basin. Peterson said that she would not oppose an increase of parking stalls to 52, but objected to a proposal for 68. Peterson noted the City Engineer's recommendation concerning the use of limestone in surface pavement. Mr. Jacobs interjected that he was very flexible and was being as specific as necessary for the benefit of the Council. Mr. Jacobs reminded the Council that he is a resident in that MINUTES OF THE OROMO COUNCIL MEETING OF MAY 22, 1989 ZONING FILE 11396-MINNETONKA BOAT WORKS CONTINUED area and would not make a proposal that would increase congestion or safety risks. Jacobs noted that there were more people in that area at one time today, than there are boaters to his marina on any given day. He said that he paid the Orono Police Department over $300.00 to have police patrol of that area during the weekend. Ms. Whittaker confirmed that in addition to the security personnel 5 days a week, Minnetonka Boat Works has had Orono Police on hand for weekends. She said that people had to be removed from the parking lot and no parking areas. CounciImember Nettles did not disagree that the situation was bad at this time, his concerns stem from adding to the existing congestion. Mr. Jacobs asked Nettles why he believed the development would add to the congestion? Nettles cited the factor of 1/3 of the new slips, or 14 boats, would add to the number of boats and boaters already using the facility. Jacobs argued that with the addition of 14 boats there would still be less congestion due to the elimination of illegal parking and pedestrians in that area. Furthermore, Jacobs advised Nettles that he was providing a loading dock that would limit the amount of crossings of Highway 15. Jacobs cited the Boat Works Marina in Wayzata as an example saying that there is far more traffic in and out of that area, but there have been no incidents of any kind in 2 1/2 years. Jacobs said that he woulc be spending more to develop this marina than he would get back. The development was not for the purpose of being a money-making venture, but rather to improve an eyesore. He said he wants to see the project done right and hoped to set the standards for neighboring marinas. Mayor Grabek interjected that Mr. Jacobs was trying to cJean up more than half of that area and did not understand how the area would not be improved once Mr. Jacobs' proposals were implemented. CounciImember Goetten said that she had always had concerns regarding docks and the City's jurisdiction. She appreciated the work an research that CounciImember Nettles had put forth, but was not in favor of moratoriums, especially since the Council was in the midst of this application and had given conceptual approval. However, she felt that the City could still be looking at the issue of marinas and docks. Goetten said that the City has been supportive of the LMCD for quite some time and she did not want to have one set of standards for the LMCD and another for the City. She preferred to see the two entities work together. She said the last thing the City would want would be for the DNR or Met Council to take control over the lake. She felt that this matter could be worked through and that approval could be given to Mr. Jacobs without further delay. Mr. Robert Paige wondered whether the Council was aware that the major part of the congestion came from the area farther down County Road 15 where parking was allowed. Mayor Grabek replied that it was indeed a source for Mr. Jacobs' problems and that the City had been working on that problem for 5 years. Grabek MINUTBS OP THE ORONO COUNCIL KEBTING OP MAY 22, l!l89 ZONING PILE 11396-MINNETONKA BOAT WORKS CONTINUED informed Mr. Paige that if that area was designated "No Parking" the City would be further limiting access to Lake Minnetonka. He noted that the City was successful in eliminating parking on the corner. Mayor Grabek concurred with CounciImember Goetten*s concerns about placing a moratorium on marinas, especially in the midst of an application. Mayor Grabek reminded the Council that CounciImember Nettles* motion for a moratorium was still on the floor. There being no second to CounciImember Nettles motion, the motion failed. It was moved by Mayor Grabek, seconded by CounciImember Peterson, to adopt Resolution #2638, approving the Conditional Use Permit/Variances requested, providing that staff address CounciImember Peterson's concerns regarding parking and drainage and that the City Engineer approve the final surfacing of the parking area. Motion, Ayes*3, Nettles, Nay, Motion passed. #1334 SIDNEY REBERS ROAD NAME REQUEST City Administrator Bernhardson informed the Council that Mr. Re'^ers was seeking approval of a street name for his subdivision. Mr. Rebers* first choice was "Sugarwood Drive". His second choice is "Sugarbush Drive". Councilmember Goetten said that it was refreshing to have a different name. It was moved by Councilmember Goetten, seconded by Councilmember Peterson to approve Sidney Rebers* request to name the road serving the plat of "Sugar Woods" as Sugarwood Drive. Motion, Ayes*»4, Nays»0, Motion passed. ACCESSORY STRUCTURE ORDINANCE AMENDMENT City Administrator Bernhardson explained that the process to amend the Accessory Structure Ordinance had begun two years ago. Currently residential zones require that any proposed accessory structure with floor space exceeding 1,000 s.f. obtain a variance. Following several applications for accessory structure variances, it was suggested that it would be more appropriate to gauge the size of the accessory structure in relation to the lot area. The Planning Commission has drafted an amendment that would allow one oversized accessory structure based on footprint area. The structure must be within the permitted use for the property and the number of such structures is limited to one. As the lot size increases, so does the allowable size of an accessory structure. This issue of limitation based on lot size is excluded for pools, tennis courts, etc. Any new oversize accessory structures must meet the 30* minimum setback from rear and side yards and must be behind the front line of the house. Bernhardson said that the City has delayed one application for an accessory structure variance and another such application is MINUTES OF THE ORONO COUNCIL MEETING OF NAY 22, 1989 ACCESSORY STRUCTURE ORDINANCE AMENDMENT CONTINUED pending. Assistant Planning and Zoning Administrator Gaffron said that staff has been reviewing the Planning Commission draft in an attempt to find any loopholes that may exist. The Building Inspector has indicated that the 1,040 s.f. limit may ause conflicts with the building code. The main reason the Planning Commission chose 1,040 s.f. is that would allow fo a 26* x 40* structure which is a standard size. However, staff would prefer to use 1,000 s.f. as the limit to avoid any conflict with building code thresholds. Gaffron said that staff was contemplating whether placing a limitation on the number of stories of an accessory structure would also be appropriate. Mayor Grabek questioned whether the amendment would prohibit a 5-acre property to have a rambler-style residence and a barn. Gaffron claiified that a horse barn was excluded from the 30* height restriction in the existing code. CounciImember Goetten said that the Council was always cautious when attempting something new. She believed that this amendment was necessary. Gaffron depicted some potential situations that may arise using "generic" lots to show the Council how the amendment will be utilized. Goetten said that she was especially concerned about the smaller lots and the lakeshore lots. CounciImember Peterson asked for clarification regarding buildings with a footprint under 120 s.f. as being excluded from the calculation of total accessory structure footprint areas. Gaffron replied that it was the Planning Coirunisslon*s intention to allow residents to have storage for items, rather than having them out in the open. Peterson asked whether a person would be able to have as many sheds as he/she desired? Gaffron indicated that the Planning Commission did not wish to limit the number of accessory structures. Zoning Administrator Mabusth noted also that building permits were not required for such small structures; only zoning reviews were required to assure that the structures conform to the setbacks. Mayor Grabek questioned whether staff was comfortable with the proposed amendment? Mabusth and Gaffron concurred that some "fine-tuning" still needed to be done. Counci Imember Goetten indicated that the proposal was a good start and asked staff to convey that to the Planning Commission. It was moved by Mayor Grabek, seconded by CounclImember Nettles, to table this item. Motion, Ayes«4, Nays»0, Motion passed. MINUTES OP THE ORONO COUNCIL MEETING OP MAY 22, 1989 ENGINEER'S REPORT: LIPT STATION #10/#43 - BID AWARD City Administrator Bernhardson apprised the Council that six bids had been received for the combined projects for lift station #43 and #10. The lowest bid was $181,640.65 and there would be an additional 25% added to that to cover legal and engineering, and administrative fees. The total would be substanially less than the $275,000 estimated cost for the project. City Engineer Cook gave a brief synopsis of what the project would entail. The funding for part II of the project would come from revenue funding. There would be two options for funding part I of the project. Option one would be to fund 25% of the cost through the sewer operating fund, which would amount to $39,250.00. This would be a 20 year payback on the operation of the lift station. The remaining cost of the system, $117,700.00 would come from future service connections in that district at the cost of $1,407.00 per unit. Option 2 would involve charging 50% back to the revenue fund and the connection charge would pick up the balance, which would be $980.00 per unit. CounciImember Goetten questioned whether public hearings were required for these projects. Bernhardson replied that the City was not ordering a special assessment. There would be a connection charge which had no statutory need for a public hearing. Bernhardson said that it would be appropriate to hold some form of public information meeting . He noted that this would only apply to undeveloped property and would not affect those already hooked up to sewer. Goetten replied that even though the property was not developed, it was still privately owned. Cook interjected that a fee ordinance amendment would be required to establish the connection charge. Mayor Grabek surmised that the Council would vote just on approving the low bid. Cook said that staff would recommend that the bid be awarded to Albrecht Excavation, Inc. He said he has worked with the contractor on other projects and felt confident that they would do a satisfactory job. It was moved by Mayor Grabek, seconded by CounciImember Nettles, to accept Albrecht as the lowest bid on the project. Motion, Ayes»4, Nays=*0, Motion passed. It was moved by Mayor Grabek, seconded by CounciImember :ten, to table the method of financing the project until such 1 that the owners of the affected propety could be notified. A ion, Ayes«4, Nays=0, Motion passed. UTILITIES HIGHWAY 12 - BIDS AND SPECIFICATIONS City Engineer Cook indicated that the City was seeking approval of the plans and specifications to advertise bids for the sanitary sewer and water main along Highway 12 to serve the Rebers and Otten subdivision. Cook explained that after meeting MIliUTES OP THE ORONO COUNCIL MEETING OP MAY 22, 1989 UTILITIES HIGHWAY 12 CONTINUED with all parties concerned it was determined that the mains should run parallel to Highway 12. By doing so, the line could be constructed at this time without any major impact on the properties. Cook provided a description of what the project would involve. He asked for authorization to take bids on this project on the 30th of June at 11:00 a.m. It was moved by Mayor Grabek, seconded by CounciImember Goetten, to give approval to take bids on the date and time indicated. Motion, Ayes=4, Nays*0, Motion passed. MAYOR/COUNCIL REPORT: CITY ADMINISTRATOR'S EVALUATION AMD CONTRACT Mayor Grabek said that he preferred to discuss the City Administrator's performance over the past year in an Executive Session. The renewal and terms of the contract would be tabled this evening and discussed at the June 12, 1989 Council Meeting. It was moved by Mayor Grabek, seconded by CounciImember Nettles, to discuss the personal evaluation of the City Administrator in an Executive Session, and table discussion pertaining to the Contract until the June 12, 1989 Council Meeting. Motion, Ayes»4, Nays»0, Motion passed. WEST HENNEPIN HUMAN SERVICES* It was moved by CounciImember Goetten, seconded by Counci Imember Peterson, to appoint Mr. Marc McCabe as one of its two primary representatives to the West Hennepin Human Services Board. Motion, Ayes»4, Nays«0, Motion passed. WAYZATA COMMUNITY EDUCATION REPRESENTATIVE* It was moved by Counci1member Goetten, seconded by CounciImember Peterson, to direct staff to work with the Wayzata School District to have them determine if there are other interested parties to serve on that Board. Motion, Ayes=4, Nays«0, Motion passed. CITY ADMINISTRATOR'S REPORT: STUBBS BAY SEWER City Administrator Bernhardson explained that this project had been a consideration of the City for some time. The Council was being provided with some additional information concerning what had been done to date, project layout, financing possibilities, and to examine the process for determining whether to proceed with the project. Bernhardson said he had received a letter from Mr. and Mrs. Robert Minkema, residents in the area, who were faced with a dilemma regarding replacement of a failing septic system. It would cost the Minkema's approximately $2,000 to $4,000 to temporarily upgrade their system or $10,000 to install a new mound system. There are other residents in the area that are experiencing the same problems. Last summer, the City Engineer did an update to the feasibility study to see if MINUTBS OF THE ORONO COUNCIL MEETING OF MAY 22, 1989 STUBBS BAT SEWER CONTINUED the cost of the project could be lowered. Bernhardson said that looking at the combination of assessment connection charges and reserve charges, the City could obtain financing through a user fee. Bernhardson was not sure that was the most productive way to approach the financing issue. He said that it would be best to hold a public meeting of the residents in July to update them and see what level of interest existed. Assistant Planning and Zoning Administrator Gaffron reported that there were septic systems in the Stubbs Bay area that were problems. The combination of small lots and clay soils contributed to the problems. After studying the area, it was his opinion that sewer was the best permanent solution. Gaffron that the City should proceed with the preliminary phase of a public meeting to apprise the residents of the information determined from the feasibility study. Mr. Minkema expressed his need to have some specific direction from the Council as to what they might expect. He said that the cost of the sewer project was rather substantial. He did not want to invest $10,000 to install a new septic system and then be required shortly thereafter to hook up to sewer. He said their house was the last house in the study. He said he could not wait six months to find out how the City intends to proceed. Mayor Grabek asked Mr. Minkema what consequences would result from waiting six months. Mr. Minkema replied that their present system has failed and he was in the process of replacing it with three tanks for a shallow trench system. Grabek commented that there was no easy way to do this. He questioned whether the Minkemas could pump the present system. Gaffron noted that there was another property in the area that was in the same situation and that pumping the system would be possible. Grabek asked if it would be possible to allow persons Installing new septic systems to alleviate a health ar.d safety problem an extension of time required to hook up to sewer? Gaffron noted that there is always concern on the part of those persons who hook up on schedule regarding those that have not. CounciImember Peterson asked if it would be possible to eliminate the Minkemas from the project entirely due to the location of their house. Mayor Grabek questioned how long the project would take once the public meeting had occurred? Cook estimated that hookup probably would not occur until September, 1990. Gaffron noted that the City has been allowing minimal septic system repairs to occur in the Stubbs Bay study area rather than requiring full- scale repairs since the area was under study. Grabek suggested discussing such an alternative with the Minkemas as well as the possibility of an extension of hookup time. It was moved by Mayor Grabek, seconded by CounclImember Nettles, to establi h July 27, 1989 as public meeting with staff MINUTES OP THE ORONO COUNCII MEETING OP MAY 22, 1989 STUBBS BAY SEWER CONTINUED and residents with public notice being sent to all property owners in the proposed and abutting areas for the project. Motion, Ayes*4, Nays*0, Motion passed. FACILITY SITE ANALYSIS City Administrator Bernhardson said that in response to CounciImember Callahan's request he had received information regarding the use of Site A for City Hall and Police and Site C tor Public Works. Site preparation of this option would be $317,750.00. Included in this figure is an amount necessary to provide screening and road systems betwr.en the facilities. In regard to touring other city facilities, Bernhardson estimated that it would take 4 hours to do a bus tour of some specific sites. A weekday is proposed for the tour so that the sites to be observed would be open and functioning. TELEPHONE SYSTEM-REQUEST POR PROPOSAL City Administrator Bernhardson asked for authorization to seek request for proposal for a new phone system. The current system is outdated and restrictive. This is not a budgeted item, and $10,000 to $12,000 would need to be allocated. The phone system could be moved to another location for an additional $1500 to $2000. Counci Imember Peterson indicated that she did not want to allocate any funds until proposals were reviewed. It was moved by Mayor Grabek, seconded by CounciImember Goetten, to authorize staff to take to qualified vendors the request for proposal for a new phone system. Staff is further directed to bring back the analyzed request for proposal with a recommendation. Motion, Ayes»4, Nays«0, Motion passed. POLICE SUPERVISORY IMPLEMENTATION City Administrator Bernhardson reported that Chief Kilbo had provided 5 options for implementing a third supervisor. Chief Kilbo's recommendation is to delay this implementation until October to allow further "inside" personnel to develop and allow time for thf. econd supervisor who was recently appointed to develop and uc operating efficiently in his position. Mayor Grabek indicated that he agreed with Kilbo's recommendation. CounciImember Goetten said that she was not in favor of expending $50,000 to select someone from outside. Courici Imember Peterson questioned why there seemed to be a sense of urgency when this i atter was initially presented to the Council and now the recommendation was for a 6 month delay? Chief Kilbo replied that October was an arbitrary month, but felt that if the process began at that time, the new supervisor could begin by January 1, 1990. He added that if everything progressed MINUTES OF THE ORONO COUNCIL MEETING OP MAY 22, 1989 POLICE SUPERVISORY IMPLEMENTATION CONTINUED more rapidly, he would be happy to adjust accordingly. CounciImember Nettles questioned whether option 2 would utilize the same process used for selecting the second supervisory position? Kilbo replied that the process would be very similar. It was moved by Mayor Grabek, seconded by CounciImember Nettles, to accept the information from the Police Chief regarding his implementation plan for the third supervisor. Motion, Ayes*3, Peterson, Nay due to the further delay. Mayor Grabek took this opportunity to commend the Police Department for their efforts regarding a medical emergency involving Ms. Charlotte Hill. She wrote a letter to the City indicating that the responding Police Officers had saved her life. ACCESSORY STRUCTURE MORATORIUM City Administrator Bernhardson presented an interim ordinance drafted by the City Attorney. Bernhardson said that the recommendation is for a 90-day duration period. CounciImember Goetten asked if a moratorium was required with every ordinance amendment. She expressed her dislike of moratoriums and questioned whether this particular one was necessary? Zoning Administrator Mabusth interjected that the moratorium should have been placed on accessory structures two years ago. Goetten concurred with Mabusth adding that it seemed senseless to propose a moratorium when the amendment was only weeks from adoption. City Attorney Barrett explained that the reason for proposing a moratorium would be in the event an applicant had rights under the existing ordinal ce, the City could not deny the application. He said that the City did not have the right to delay an applicant merely on the premise of an upcoming ordinance amendment. A moratorium allows the City to legally delay an action pending an ordinance amendment. Barrett further explained that if the City delayed an application which in some form resulted in damage to the applicant, the City could be sued if a moratorium did not exist. It was moved by Mayor Grabek, seconded by CounciImember Nettles, to table this matter to the June 12, 1989 Council Meeting. Motion, Ayes=4, Nays=0, Motion passed. LIVINGSTON AVENUE DRAINAGE City Administrator Bernhardson provided a brief review of this application. The results of the feasibility study were presented at the April 24, 1989 Council Meeting and Ms. Cuff received information to take back to her neighbors. Since that time, those residents have made a proposal for above-ground drainage at a much lesser cost and submitted a petition to the MINUTES OF THE ORONO COUNCIL MEETING OF MAY 22, 1989 LIVINGSTON AVENUE DRAINAGE CONTINUED City. The Cuffs are concerned about above-ground drainage due to the possibility that the runoff may be contaminated. Ms. Cuff said that she would be more comfortable if she knew that the runoff was clean. She said that the majority of the neighbors preferred the over-ground drainage and were concerned about cost and the required easements involved with the underground project. Mayor Grabek asked about the agreement regarding payment of the feasibility study? Bernhardson informed him that should the storm sewer project be abandoned, the Cuff's would pay for half of the study. Mayor Grabek suggested tabling this matter until the Cuff's and the City obtained more information regarding each proposal. Mr. Curt Thostenson said that he was concerned about the Impact that either proposal would have on residents at the end of the drainage area. City Engineer Cook replied that the water would run across the rack and down into a ditch on the north side of the tracks. Mr. Robert Paige asked where the storm sewer would be located between Livingston and Navarre Avenues? Cook replied that it would run north to Crystal Place and then west across the railroad tracks. It was moved by Mayor Grabek, seconded by CounciImember Nettles, to table this matter. Motion, Ayes«4, Nays«0, Motion passed. PLANNING COMMISSION/COUNCIL JOINT MEETING NAVARRE This was a reminder of the upcoming joint meeting on June 1, 1989, at 6:00 p.m. BOARD OF REVIEW RECONVENE MEETING MAY 24, 1989, 7:00 P.M.* It was moved by CounciImember Goetten, seconded by CounciImember Peterson, to accept the information regarding the Board of Review reconvening date at 7:00 p.m.. May 24, 1989. Ayes*4, Nays«0, Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by CounciImember Goetten, seconded by CounciImember Peterson, to accept the City Administrator's Information regarding: Highway 12-Safety Improvement; 1972 Shadywood Road; Spring Managers Conference; Highwood Storm Sewer; Ferndale Marsh Fire; Camp Teko; Spring Clean Up; Metro WasteA^eekend Construction; and 4460 North Shore Drive. Motion, Ayes='4, Nays*=0, Motion passed. MINUTES OF THE ORONO COUNCIL MEETING OP MAY 22, 1989 CITY ATTORNEY'S REPORT: There was no report from the City Attorney, however, City Attorney Barrett requested an Executive Session. LICENSES CounciImember Peterson questioned the procedure required to obtain a license from the City. She cited the Wheels and Spokes event in particular as being poorly planned. It was moved by CounciImember Peterson, seconded by Mayor Grabek, to approve the following licenses: Septic System Installer: A-1 Rootmaster 7502 Hudson Blvd. Lake Elmo American Sewer & Water Route 3, 193A Buffalo Sv/edlund Septic Services 9520 Lake Town Road Chaska Garbage & Refuse Collectors: Blackowiak & Son 1195 Sunnyfield Road N Mound East Tonka Sanitation P. 0. Box 242 Long Lake Special Event:Wheels & Spokes, Inc. Bicycle Ride Sunday, May 21, 1989 Motion, Ayes*4, Nays=0, Motion passed. BILLS* It was moved by CounciImember Goetten, seconded by CounciImember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes=»4, Nays=0, Motion passed. EXECUTIVE SESSION - 8:50 P.M. City Attorney Barrett requested that the Council go into an executive session at 8:50 p.m. ADJOURNMENT 9:30 P.M. It was moved by Mayor Grabek, seconded by CounciImember Nettles, to adjourn the Regular Council Meeting at 9:30 p.m. Motion, Ayes*4, Nays=0, Motion passed. MINUTES OF THE ORONO COUNCIL MEETING OP MAY 22, 1989 ATTEST: Dorothy M. Ha 11 in. City Clerk James R. Grabek, Mayor Wapala cWc . BOX l-.l • VVAVZATA. MINNESOTA • 47 J HH4h June 9, 1989 Members of the City Council City of Orono P.O. Box 66 133j South Brown Road Crystal Bay, MN 55323 Re: Application of Wayzata Country Club for Subdivision of Land (Application No. 1326) Dear Members of the City Council: On May 15, 1989, Wayzata Country Club appeared before the Planning Commission in connection with the above-referenced application. Over a ten-month period of time, Wayzata Country Club has worked closely with the City staff and has addressed every concern raised by the City staff in connection with the application. Despite our efforts, the application was disapproved by the Planning Commission with no explanation of its decision other than a reluctance to approve any more "flag lots" in Orono. This rationale does not appear to be entirely credible in light of the fact that such lots are often created in Orono; (the previous matter approved by the Planning Commission at that meeting was, In fact, action that resulted in the creation of a "flag lot). he Wayzata Country Club has invested a significant amount of money and time in working with the City and in addressing the staffs con­ cerns. We are troubled by the Planning Commission's decision. In light of Wayzata Country Club's agreement to conform to the staff's recommendations regarding drainage, septic system, structure location and other similar issues, I do not believe there is any rational basis for the denial of the application. In my own mind, such a denial would not only be arbitrary, but would result in dissimilar treatment of applicants who are similarly situated. Such a decision would certainly resuJt in substantial losses to the Wayzata Country Club. Members of the City Council Page 2 June 9, 1989 I am aware of the subdivision application of our neighbor, Mr. Hauser. Mr. Hauser's application is not related to our application, and each application must stand or fall on its own merits. Our application may have failed in part because of pressure brought to bear on the City by Mr. Hauser in connection with his subdivision request. Our attorneys have advised me that grounding a City decision upon such opposition is contrary to Minnesota law and I would therefore hope that Mr. Hauser's application would not be a factor in the council's consideration of our application. I would like to again express the willingness of the Wayzata Country Club to conform to the recommendations of the City staff. If there are any issues that have not been addressed to the satisfaction of the City, I would request that Jean Mabusth or Mike Gaffron contact me as soon as possible so that the Wayzata Country Club may have an adequate opportunity to address any remaining concerns of the City. Very truly yours, B. Ferris JBF:ml 1455B cc: Jean Mabusth Mike Gaffron Mayor Grabek & Orono Council Members City Administrator Bernhardson Prcn: Date: Subject: COUNCIL MEETING JMN 121989 CITY OF ORONO Michael P. Gaffron, Asst Planning & Zoning Adminiocrator June 8, 1989 #1326 Ronald Lauer/Wayzata Country Club (Access off North Fern^ale Road) Preliminary Plat Approval - Resolution Zoning District ~ RR-IR, single family, 2 acre, unsewered Application - Split off a 2.8 acre buildable lot from a portion of the Country Club property. Access to be via existing private easement road. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Discussion - Draft Resolution - Preliminary Plat Approval Proposed Subdivision (survey & plat map) Final Grading/Drainage/Site Plan City Engineer Letter Dated 5/12/89 Planning Commission Minutes of 5/15/89, 4/17/89, 3/20/89, 10/17/88, 9/19/88 Planning Commission Action Notices of 5/23/89, 4/18/89, 3/27/89, 10/21^88, 9/21/88 Staff Memos of 5/11/8 /13/89, 3/16/89, 10/10/88, 9/14/88 Letters from City Engineer Dated 3/30/89, 3/21/89, 9/9/88 Letters from Neighboring Property Owners, Applicant, Applicant's Consultants: 1. Schoell & Madson 5/3/89 2. Schoell & Madson 4/7/89 3. Mertz (attorney for Lauer) 4/6/89 4. Maloney (attorney for Wayzata Country Club) 4/6/89 5. Hauser (475 No. Ferndale) 3/18/89 6. Wayzata Country Club/Downey 3/15/89, 3/23/89 7. Schoell & Madson 2/22/89 8. Simmons (139 Chevy Chase) 10/7/88 9. Hakanson-Anderson (septic plan) 8/2/88 Misc. Staff Memo Exhibits: 1. Application 2. Plat Map 3. Property Owners List 4. Area Topographic Compilation 5. Documentation from 1977 City Approval, Plat of "Fairway View" The applicant is Ronald D. Lauer, to whom the property owner, Wayzata Country Club, is intending to sell a buildable 2.8 acre lot. Zoning File #1326 June 8r 1989 Page 2 of 4 This application was submitted in August 1988. Initial reviews by the Planning Commission were shaped to a great degree by the input from surrounding property owners, who voiced great concern about the effect this development would have on their properties. Drainage was the prime concern voiced by residents of the Chevy Chase area to the south. The driveway access from the private road, along with drainage, were the concerns of the neighbor immediately to the east, Hauser. DRAINA6B ISSUE - In response to the drainage concerns. Planning Commission required that the applicant submit a site plan showing existing and proposed grades. Also, after his review of this information, the City Engineer recommended that a drainage retention basin be constructed at the south end of the property, not only to mitigate any potential additional run-off due to development of this lot, but to retain run-off from a significant portion of the golf course property. The intent of the retention basin is to collect run-off and discharge it at a controlled rate, so that Chevy Chase properties will not get all the run-off at once. The City Engineer has reviewed the proposed retention basin and has made one change, raising the height of the berm by 1* and slightly increasing the temporary storage capacity. With this revision, he has recommended approval. ACCESS ISSUE - Regarding the access, there is an existing private road abutting the proposed building lot, that serves the plat of "Fairway View" approximately 1/4 mile to the west. This private road currently serves 8 existing residences. This road is not platted as an outlot for most of its length, but exists merely on easements. It was obviously the intent of the City when the plat of Fairway View was approved in 1977, that a private outlot road corridor should be dedicated as properties along the actual roadway subdivided. The City is requiring dedication of a 25' outlot for the southerly half of this private road along the north boundary of the entire Country Club parcel being subdivided. The proposed driveway leading from the private road to the proposed house has been a concern of property owner Hauser to the east, since it will run adjacent to his back yard. He is concerned about the removal of trees to create a driveway within the 60* corridor, and feels that such a driveway will reduce the value of his existing residence, which he is in the process of selling an'^ subdividing to construct a new home further south (Application #1407). Zoning File #1326 June 8, 1989 Page 3 of 4 Planning Commission Recomirendation - At their May 15th meeting, some Planning Commission members suggested that the driveway access location onto the private road is unsafe, hence that may be the reasoning for the 2-4 vote on a motion to approve the plat. One Planning Commissioner felt that this proposal should not be allowed unless the private road is upgraded, citing the City's reluctance in past similar situations to force upgrading of private roadways as showing limited foresight. Staff would not necessarily disagree with that opinion, but would also note the extreme difficulties in requiring multiple property owners to agree to granting road dedications and upgr- ig private roads that pre-exist current platting ordinances. The Planning Commission also indicated that if Lauer and the Country Club could come to an agreement with Hauser regarding combining their proposed subdivisions, giving Lauer direct access to North Ferndale Road through Hauser's property. Planning Commission would consider that in a favorable light. The applicants have not come to an agreement with Hauser, and at this point each party wis es to proceed with their developments separately. The Planning Commission's second motion on May 15th was to table. There being no second, the motion died. No further motions were presented, hence the application is moved forward to the City Council with somewhat clouded direction from the Planning Commission. Staff Recommendation - The applicants have provided all information requested by the Planning Commission, and have shown to the satisfaction of the staff and the City Engineer that this development will have no detrimental drainage impact on neighboring properties, and should actually alleviate some of the existing drainage problems. Additionally, applicant has stated his intent to disrupt as few trees as possible in creating driveway access that is safe and functional. Primary and alternate drainfield sites have been tested and approved for mound systems. There are two variances inherent in this proposal: 1. Lot width variance: Proposed * 60' Required * 200' Variance * 140' 2. Variance for lack of frontage on a public roadway variance is granted for virtually every new subdivision the City served by a private roads). Zoning File #1326 June 8r 1989 Page 4 of 4 Staff recommends approval of the above noted variances. Staff further recommends preliminary plat approval, finding that all other requirements for a subdivision in the RR-IB zone are met by this proposal. Absent any apparent preference by the applicants, staff recommends that the larger 11.2 acre parcel be designated as Lot 1 and the new building site as Lot 2. The conditions of approval proposed within the failed Planning Commission recommendation motion, but which staff recommends for inclusion in the resolution for approval, are as follows: 1. Applicant shall construct the retention basin per the City Engineer's approval as a first condition to issuance of a building permit for a house on the property. This basin shall be completed at the time of initial foundation excavation on the property. Proper erosion controls shall be in place. The necessary drainage easement for this basin shall be shown in the final plat drawings. A drainage easement shall be granted over the retention basin. 2. Any changes to the house footprint for Lot 2 prior to issuance of the building permit will require a revised site grading plan which must be approved by the City Engineer prior to issuance of the building permit. 3. Dedication of 25' outlot corridor along the north side of Parcel 36-118-23 14 0010, for private roadway purposes, to be shown as Outlots A and B. 4. The road outlots shall be subject to an underlying road and utility easement granted to the City. 5. City to grant the 140' variance for lot width for Lot 2 and the inherent variance for lack of frontage on a public roadway for Lots 1 and 2. 6. The standard park fee of $300.00 for the new lots shall be paid as part of the final subdivision fees. 7. Standard drain»^ge and utilities easements shall be shown on the plat drawings. The remaining dry buildable defined lot area after exclusion of the 0.35 acre retention pond drainage easement and 25' road outlot (+ .05 acre) is 2.4 acres, exceeding the 2.0 acre minimum requirement. A resolution for preliminary plat approval it, attached for Council review. A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR A PLAT FOR WAYZATA COUNTRY CLUB AT 200 WAYZATA BOULEVARD FILE NO. 1326 WHEREAS, Ronald D. Lauer on behalf of the Wayzata Country Club (hereinafter "the applicant") on August 11, 1988 filed a formal subdivision application with the City for approval of a two-lot residential plat of property legally described as follows; The west 930 feet of the south half of the southeast quarter of the northeast quarter. Section 36, Township 118, Range 23, situated in Hennepin County, Minnesota (hereinafter "the property") and; WHEREAS, after due published and mailed notice in accordance with Minnrisota Statues 462.358 et. seq. and the City of Orono Zoning and Flatting Codes, the Orono Planning Commission held a public hearing on September 19, 1988 and October 17, 1988 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 June 12, 1989 the Orono City Council considered the subdivision a-'plication of Wayzata Country Club and Ronald Lauer, noting the following findings of fact: 1. The property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 14 acres, all of which is considered dry buildable lands. 3. The proposed plat contains 2 lots, each exceeding the 2.0 acre minimum lot area requirement. 4. The single new lot proposed for construction of a single family residence is 2.8 acres in total area or 2.4 acres in defined area after exclusion of private road outlot and detention basin easement areas, and requires a variance for defined lot width, being 60' in defined width where a 200* defined width is normally required. Page 1 of 5 5. Similarly, the proposed building lot and the remaining 11-acre lot require a variance to the requirement of frontage on a public roadway, the lots abutting and being served by a private easement roadway. 6. The proposed new building site is served by an existing private easement roadway which is sufficient to provide safe and functional access for the proposed new building lot. 7. It is intended that the privately owned easement roadway continue to be privately maintained. The City will require that the applicants dedicate an outlet over the northerly 25* of the property for private road use, and that the standard road and utility easement over that portion of the private road be executed. 8. The applicants are hereby advised that future subdivision of the property to create additional building sites may result in the City requiring an upgrading of the private roadway to current private road standards. 9. A drainage detention basin to be constructed within the property will be subject to a drainage easement. 10. The proposed new 2.8 acre building site has been demonstrated to contain suitable sites for primary and alternate drainfields to serve the proposed single family residence. The remaining 11.2 acre parcel exceeds 5 acres in area and is not required to be tested for drainfield sites. 11. A single family residence can be constructed on the new 2.8 acre lot without the need for further variances. NOW, THEREFORE BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat for Wayzata Country Club and Ronald Lauer at 200 Wayzata Boulevard per the survey by James R. Hill, Inc. dated May 21, 1988, attached hereto as Exhibit A, subject to the following conditions: 1. The 11.2 acre parcel shall be designated on the plat drawings as Lot 1. The proposed 2.8 acre building site shall be shown on the plat drawings as Lot 2. A 25* wide outlot corridor along the northerly 25* of the property shall be designated on the plat as Outlets A and B, being adjacent to Lots 1 and 2. Page 2 uf 5 2. The applicants shall grant the standards underlying road and utility easements for Outlots A and B, to be filed with the plat. 3. Lot 2 shall gain public access via a private driveway onto Outlot A and the existing private easement roadway leading to North Ferndale Road. Any proposed driveway access point for either Lots 1 or 2 shall be subject to the approval of the Public Works Director. 4. A variance will be granted for Lots 1 and 2 which do not front on a public roadway as required. Also, a variance will be granted for lot width for Lot 2, to allow a 60* defined lot width where a 200* lot width is normally required. 5. Standard drainage and utility easements shall be shown on the plat along lot lines, being 10* in width along perimeter lot lines and 5* in width along interior lot lines. 6. Applicant shall construct the detention basin per the Citi Engineer*s approval as a first condition to issuance of a building permit for a house on the property. This basin shall be completed at the time of initial foundation excavation on the property, and shall be approved by the City Engineer prior to construction of footings for the proposed residence. Proper erosion controls shall be maintained in place during construction of the detention basin. All disturbed areas snail be seeded or sodded immediately after completion of the detention basin. 7. A drainage easement shall be dedicated over the boundaries of the detention basin to be constructed within Lots 1 and 2. The boundaries of this easement shall be shown on the plat drawings as a drainage easement. 8. Payment of standard park fees of $200.00 for Lot 2 and $100.00 for Lot 1. At such future time that Lot 1 is further subdivided, credit for previously paid park fee shall be granted per the provisions of the City of Orono ordinances. Page 3 of 5 ?• Any proposed changes to the house footprint from the site plan attached hereto as Exhibit B will require a revised site grading plan approval by the City Engineer prior to issuance of the building permit. 10. Prior to issuance of a building permit, the applicant shall fence off the primary and alternate dralnfield sites using standard snow fence at a minimum height of 3*, in order to avoid damage to the dralnfield sites by construction traffic. 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 Jcimes R. Hill, Inc., attached as Exhibit A hereto, as modified by City staff. b) Dedication of "drainage and utility easements" 10* wide along all perimeter property lines and 5* each side of internal property lines. c) Designation and dedication of the detention basin area as a drainage easement on the plat. 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 recorded easements currently affecting the property. c) Signed and executed drainage easement. Blank area requiring description may be filled out as follows: "over the drainage easements as shown on the plat of (plat n2une) " . Page 4 of 5 d) Signed and executed Road and Utilities Easement over the private road outlots. C. FEES TO BE PAID; Total Due $600.00. a) Park dedication fee per current schedule: 1 new residential lot at 2 acre density * $200.00 per lot. One new residential lot at 5+ acre density « $100.00 per lot. Total « $300.00. b) Final plat fee * $150.00. c) Legal review and filing fees of $150.00. Adopted by the City Council of the City of Oronor Minnesota at a regular meeting held this 12th day of June, 1989. ATTEST: James R. Grabek, Mayor Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 12th day of June, 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 5 of 5 3 m • • • •✓' 'i*-:h=-!T_i t i 1 1 1v‘ ”'*• t » i,/.'i •4*Xj ; ‘1 !r’ ;^ :'i,. . '• • f -J e < i- C. 4-3j . ^i -c" / 1 iJ J /'j /\A ^ ^,j.- ^ j ^ .'V- J ___w [V^ ■ t^ilirV ^ m" •<<>% % 6^'S .^ V" MANOR .40 5 28 ^ 27 . / -"^ txi ■ -, •^* i *-‘'. I i <:-^-^ ,I 26 M 25 - /:j << o iJ Ui (D tl 3K J“l P Bones troo Rosene Anderllk & Associates Engineers & Architects Ono G Ocxiewott #Doe*t W Kovene PE joieon C Anopfi* PE Botanta a Lmsef^ pe PcrvM £ Tuffiff PE C 0<V5n P£ &nn « Cot*. PE Tnomjl £ PE B oom G Scm^nt PE M«vin L SorvM PE ««n A GiMon PE »cnaia w Fottei PE Conm C 9u>9«iat PE Jpnv A Buu-xr PE M«k A HjKnon P£ >0 » PE Menial T B*o»m«nn PC Boorr R PE Obwk J O loMXJ PE Tnomij w Pennon. P£ May 12. l98.< City of Orono Box 66 Crystal Bay, MN 55323 Attn: Mr. Mike Gaffron Re: File No. 139 1326 Vayzata Country Club Menjet C Lvnen PC R Mjund PE Kennetn P Anoenon PE KMn A a*cntT«nn PE VUtk R «0R1 PE ROOM C RuJte*. AI A ThoPUt E ArtXil HowmM a Dirtei J Eogertnn M«.t A Sao PE Pt*« j C«A«ff PC Men O \Mi»v PE Tnomu R Anoeaon A i A Gjfy P Ryunoe. P£ Cn»iM A Enc>tKjr tjeo M P*p«n«y M Onon mnesm » W J J b Dear Mike, We have reviewed the proposed retention basin on the Wayzata ^ncry Club sub­ division. We would recommend that the ponding area be raised o.ie-half foot to provide additional storage. The overflow weir would be at elevation 976.0 and the top of berm would be at 977.5. This work could be compelted without significant impact on the vege­ tation in the area. The additional ponding in the area would greatly reduce the runoff conditions that occurred this past spring during the snow melt. If you have any questions, please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Glenn R. Cook GRC:li 2335 West Highway 36 • St. Paul. Minnesota 55113 • 612-^36-4600 MXHUTBS op the PLANNIKG commission meeting may 15, 1989 -TV w i #1326 HATZATA COUNTRY CLUB 200 HAYZATA BOULEVARD PRELIMINARY SUBDIVISION CLASS III CONTINUATION OF PUBLIC HEARING 7:50 P.M. TO 8:30 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Ronald Lauer was present for this matter, as was Mr. John Downey, President of the Wayzata Country Club. Assistant Planning and zoning Administrator Gaffron reviewed the status of this application. The grading plan showing the proposed house and circle driveway has been submitted and reviewed by the City Engineer. The City Engineer has indicated that the proposal is suitable, but recommended that water draining from the house site should run in both directions around the mound septic system. The retention basin design has also been received. The basin would collect the runcff and would store it for a short period before it would runoff through a small pipe at a controlled rate. The City Engineer has recommended that the top of the swale and the berm be raisod slightly to allow for more storage capacity. Mr. A1 Greig, Chevy Chase Drive, said that there would be a problem with the proposed drainage plan and retention basin. He questioned whether the pipe would effectively drain the water. He was especially concerned about the pipe silting in or freezing closed. Chairman Kelley asked Mr. Greig for his opinion as to a solution to the drainage problem. He explained to Mr. Greig that Mr. Lauer and the Country Club had worked very hard to satisfy the City and the residents of Chevy Chase Drive. He told Mr. Greig that the City of Orono would take a flowage and conservation easement over the property. Should the City receive any complaints about the drainage in that area, the City would try to solve the problem and charge the expenses back to the homeowner. Mr. Greig asked Kelley who would be responsible for any water damage that may occur to his property? Kelley asked Mr. Greig if water presently drained through his property? Mr. Greig replied that it did not because the present drainage system allowed the water to drain across the Golf Course property over to Mr. Simmons yard. He said that the berm would border on his property and would stop about 30' from the subdivided lot. Gaffron interjected that the City Engineer's recommendation for the retention pond is such that it should not stay full of water. Gaffron said that Mr. Greig's concerns should be discussed before the City Council with the City Engineer present to answer specific questions. Mr. Jim MacKinnon, Mr.. Greig's Attorney, questioned why the City Engineer had not addressed the issue of ground water? Kelley asked whether the residents would prefer to have slow or rapid runoff? Kelley said that the neighbors had indicated initially that they preferred slow runoff. Mr. MacKinnon said MINUTES OF THE PLANNING COMMISSION MEETING MAY 15, 1989 ZONING FILE ♦1326-WAY2ATA COUNTRY CLUB CONTINUED that the neighbors did not want any adverse effect from the development of Mr. Lauer's property. Bellows interjected that it was the City's policy when dealing with subdivisions to require the property owner to rectify any drainage problems that may occur on his own property. Bellows added that it would be impossible for the City to anticipate every possible condition that may occur. She said that the long standing drainage problem for the residents of Chevy Chase Drive needs to be addressed with the City of Orono, not Mr. Lauer and the Wayzata Country Club. Bellows opined that und rlying the drainage concern was the fact that most residents object to development occuring in their neighborhood. Bellows said that the residents of Chevy Chase Drive had very legitimate drainage problems that they should not have to deal with. Planning Commissioner Cohen stated that it was well and good that Mr. Lauer remedy drainage problems on his own property, but questioned whether in doing so he might not adversely impact other properties. Bellows replied that the drainage information that had been submitted indicated that there would be no increase in drainage on neighboring properties. She said that information was all that they had to go on. Chairman Kelley said that issues such as the construction of the retention basin, the requirement that a grading plan be submitted prior to issuance of the building permit, and dedication of a 25* outlot along the north side of the parcel still needed to ^e considered. Additionally, the applicant is seeking approval of a 140* lot width variance and the inherent variance for lack of frontage on a public roadway. Kelley said that if it were not for the variance request, the City would have no reasonable justification for a denial since the proposed division meets all other requirements. Planning Commissioner Bellows indicated that she wished to discuss the road issue. She said that the driveways being constructed off of North Ferndale are inadequate to serve the number of houses they are proposed to serve. She was not in favor of allowing this subdivision to occur without substantial improvement to the roadway off of North Ferndale. Planning Commissioner Cohen said that the road access is close to the mailboxes and is a safety hazard. Mr. Lauer indicated that the mailboxes were at least 150 yards from the mailboxes. Mr. Leo Hauser interjected with a proposal to place an access off of North Ferndale through his property, rather than using the existing substandard roadway. He said that the City Engineer had the opportunity to look at that location and had indicated that there would be no safety problems. Kelley questioned whether Mr. Hauser had discussed this proposal with Mr. Lauer? Mr. Hauser replied that it had been briefly discussed. Mr. Lauer noted that Mr. Hauser's proposal would create more hardcover and consequently more drainage problems. Mr. Hauser replied that the vegetation in that area was very thick and would alleviate any potential runoff problem. MINUTES OP THE PLANNING COMMISSION MEETING MAY 15r 1989 ZONING FILE #1326-flAYZATA COUNTRY CLUB CONTINUED Chairman Kelley asked Mr. Hauser if he intended to give his land to Mr. Laue-? Mr. Haus-r indicated that he would be willing to give Mr. Lauei the portion of his property in exchange for the northerly portion of Mr. Lauer's property. Ms. Meredith Howell, M’-. Hauser's real estate agent, indicated that Mr. Hauser's proposal would benefit everyone. Mrs. Hauser said that she wanted to save all of the existing vegetation that blocks their view of the golf course. Chairman Kelley asked Mr. Lauer if he was willing to take advantage of the good faith proposal of Mr. Hauser, or if he wanted to proceed with his application as originally proposed? Mr. Lauer replied that he was willing to discuss the alternate proposal with Mr. Hauser, but he did not want to be committed to proceed in that manner. Kelley noted that Mr. Hauser's proposal would eliminate the need for Mr. Lauer to obtain variance approval for frontage on a public road. The Planning Commission as a whole indicated that they would prefer to see Mr. Lauer proceed with Mr. Hauser's proposal, with the exception of Planning Commissioner Hanson. Hanson said that the matter should be moved on to Council rather than being tabled and requiring Mr. Lauer to appear again before the Planning Commission. There were no further comments from the public regarding this matter and the public hearing was closed. It was moved by Planning Commissioner Hanson, seconded by Planning Commissioner Brown, to recoiamend approval of the proposed subdivision, subject to: 1. Construction of a retention basin per the City Engineer's plan or a plan submitted by the property owner that has been approved by the City Engineer. 2. Submission of a revised site grading plan to be approved by the City Engineer. 3. Dedication of the 25' outlot corridor. 4. anting of the underlying road and utility easements. 5. Granting the variance for the lot width, in relation to the frontage and front yard setback. 6. The payment of park fees. 7. Standard drainage and utilities easements being shown on the plat drawings. Gaffron suggested that a flowage and conservation easement be taken over the retention basin. Hanson agreed to included that provision in his n,otion, Brown seconded. Gaffron ,sked whether \ MIHUTBS OF THE PLANNING COMMISSION MEETING MAY 15, 1989 ZONING FILE #1326-WAYZATA COONTRY CLUB CONTINUED the ground water issue and potential storm sewer for Chevy Chase Drive be mentioned as a separate issue to be considered at a later date? Hanson indicated that he did not want to include that in his motion. Motion, Ayes*2, Nays*4. Motion failed. It was moved by Chairman Kelley, seconded by Planning Commissioner Cohen, to table application #1326, pending negotiation between the applicant and Mr. Hauser. Planning Commissioner Hanson stated that tabling this application was totally inappropriate in the sense that it constrains the property owner. Brown asked whether there was any way to keep the application moving forward, but allow Mr. Lauer the opportunity to negotiate with Mr. Hauser? Hanson said that was the intent of his motion and added that tabling the matter "put Mr. Hauser in the driver seat". Gaffron suggested that the Planning Commission make a recommendation for denial which would allow Mr. Lauer to proceed to Council. Chairman Kelley w .hdrew his motion. Mr. Lauer asked whether the requirements of addressing the drainage problem would still exist if he agreed to Mr. Hauser's proposal? Kelley replied that runoff from his lot could not be increased. Mr. Greig asked whether the failed motion included extending the berm into the Golf Course? Kelley replied that the motion included the City Engineer's recommendations. No further motions were forthcoming. #1391 TERRY SADLER 1396 BALDUR PARK ROAD CONDITIONAL USB PERMIT CONTINUATION OF PUBLIC HFARING 8s52 P.M. TO 8s57 P.M, Mr. Sadler was present for this matter. Assistant Planning and Zoning Administrator Gaffron informed the Planning Commission that Mr. Sadler was proposing to build a retaining wall along the east side of his property. The retaining wall would be located 40' from the shoreline. The City Engineer requested that the wall be cut back. Chairman Kelley opined that Mr. Sadler's proposal was in excess of what was necessary. Planning Commissioner Brown asked Mr. Sadler why he preferred to build the wall longer than the City Engineer recommended? Mr. Sadler explained that his proposal would provide more flat surface for his yard and would better direct water away from his neighbor's property. Gaffron said that the City Engineer's proposal minimized the amount of fill in the 0-*?5' zone and would be less precedent-setting. 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 based upon the City Engineer's recommendations. The hardship for NIHUTBS OF THE PLANNING COMMISSION MEETING APRIL 17, 1989 ZONING FILE #1396-MINNETONKA BOAT WORKS pertaining to dock access, fire extinguishers, electrical equipment, floats, hoses and hose stations, be required. Motion, Ayes*3, Kelley, Moos and Cohen, Nay. #1326 NATZATA COUNTRY CLUB 200 HATZATA BOULEVARD CLASS II PRELIMINARY SUBDIVISION CONTINUATION OF PUBLIC HEARING 7:17 P.M. TO 7:53 P.M. Mr. John Downey, General Manager of Wayzata Country Club, was present for this matter, as was Mr. Ponald Lauer. Assistant Planning and Zoning Administrator Gaffron reported that he had received information verifying that Wayzata Country Club does have the right to cross the properties to the east to access North Ferndale Road. The Country Club also verified by letter that they are a party to the application. A revised conceptual site plan was also provided showing the house location. Also, a general grading plan was submitted and the City Engineer, after reviewing the plan, has indicated that an additional swale will be neces'^ary. Gaffron reminded the Planning Commission and pu’^’ic that the house plan was only conceptual, not actual. C e the final house footprint is determined, it would be necessary to have the City Engineer review it before a building permit could be issued. Chairman Kelley asked why Mr. Lauer was not required to provide a final house plan at this time, given the sensitivity of the drainage issue. Gaffron stated that such a provision was not required with a subdivision application. Kelley asked how the pubic will remain informed of the revisions proposed by the developer? Gaffron stated that once the subdivision i& approved, the public would not be notified of site plan/grading plan revisions that meet code requirements. Kelley asked how the City would protect the residents who may be impacted by this development? Gaffron stated that they would have to rely upon the conditions set forth in the resolution of approval and filed with the chain of title that specifically states that the City Engineer must approve the final plan. Gaffron stated that the Applicant's Engineer is in the process of designing a retention area to take the water not only from Mr. Lauer's house, but also from other areas of the Golf Course. Kelley commented that such a plan had not been presented to the Planning Commission. Gaffron said that staff had recently observed the drainage f -cern and found it to be different than the existing topography would dictate. Based on staff's observations, the City Engineer has revised his recommendation and so informed the Applicant's Engineer. Kelley said that it was very important that the Planning Commission and public have the opportunity to see what is being proposed. Planning Commissioner Cohen expressed his concern over the easement the Golf Course has to access North Ferndale Road. Gaffron said that there is a 16-1/2' easement on either side of the Country Club's north property line that is granted to the MINUTES OF THE PLANNING COMMISSION MEETING MAY 15, 1989 ZONING FILE #1326-WAY2ATA COONTRY CLUB CONTINUED the ground water issue and potential storm sewer for Chevy Chase Drive be mentioned as a separate issue to be considered at a later date? Hanson indicated that he did not want to include that in his motion. Motion, Ayes«2, Nays»4. Motion failed. It was moved by Chairman Kelley, seconded by Planning Commissioner Cohen, to table application #1326, pending negotiation between the applicant and Mr. Hauser. Planning Commissioner Hanson stated that tabling this application was totally inappropriate in the sense that it constrains the property owner. Brown asked whether there was any way to keep the application moving forward, but allow Mr. Lauer the opportunity to negotiate with Mr. Hauser? Hanson said that was the intent of his motion and added that tabling the matter "put Mr. Hauser in the driver seat". Gaffron suggested that the Planning Commission make a recommendation for denial which would allow Mr. Lauer to proceed to Council. Chairman Kelley withdrew his motion. Mr. Lauer asked whether the requirements of addressing the drainage problem would still exist if he agreed to Mr. Hauser's proposal? Kelley replied that runoff from his lot could not be increased. Mr. Greig asked whether the failed motion included extending the berm into the Golf Course? Kelley replied that the motion included the City Engineer's recommendations. No further motions were forthcoming. #1391 TERRY SADLER 1396 BALDUR PARK ROAD CONDITIONAL USB PERMIT CONTINUATION OP PUBLIC HEARING 8:52 P.M. TO 8:57 P.M. Mr. Sadler was present for this matter. Assistant Planning and Zoning Administrator Gaffron informed the Planning Commission that Mr. Sadler was proposing to build a retaining wall along the east side of his property. The retaining wall would be located 40' from the shoreline. The City Engineer requested that the wall be cut back. Chairman Kelley opined that Mr. Sadler's proposal was in excess of what was necessary. Planning Commissioner Brown asked hr. Sadler why he preferred to build the wall longer than the City Engineer recommended? Mr. Sadler explained that his proposal would provide more flat surface for his yard and would better direct water away from his neighbor's property. Gaffron said that the City Engineer's proposal minimized the amount of fill in the 0-75' zone and would be less precedent-setting. 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 based upon the City Engineer’s recommendations. The hardship for MINUTBS OP THE PLAHNIEG COMNISSIOH HEETIHG APR^L 17, 1989 ZONISG PILE #1326-WAYZATA COUNTRY CLUB CONTINUED various property owners for current and future owners and development of the properties in that area. The City is asking that a 25' private road outlot be provided with this application as part of the final plat. Mr. Hauser asked if he would be required to provide property for a road outlot? Zoning Administrator Mabusth answered that when Mr. Hauser came to the City requesting a subdivision, the City would ask him to provide an easement. The outlot would remain under the ownership of the property owner and the City would only take the underlying road and utility easements. Mr. A1 Greig had pictures showing the drainage pattern through his property and his neighbors' properties from the Golf Course. Mr. Greig expressed his concern of increased runoff due to the development of the property Mr. Lauer is pu.“chasing. He believed that once the brush and ground cover is removed that there will be nothing to soak up the water. He said he was against having a retention pond put in behind his property because it could overflow and create a channel of water that would run through his property. Mr. Greig recollected that at the time the Golf Course was being developed, a holj was dug behind his property that was approximately 30 feet wide and 4 to 5 feet deep. He said that hole is now filled in with silt and other materials that have been deposited as a result of runoff. Chairman Kelley explained that Wayzata Country Club has the right to subdivide. He said that the Planning Commission is trying to protect the property owners by not allowing any magnification of the existing runoff problems. He said that legally they could not prevent the subdivision from occurring, they could only protect the neighbors downstream. Mr. Leo Hauser asked what the City int^'nded to do to indemnify the property owners against any damage that may occur as a result of this subdivision and development. Be said he wanted to see it in writing from the City. Assistant Planning and Zoning Administrator Gaffron stated that the City Staff concurs with the City Engineer's recommendation that approval be based on the submittal of a plan that will show the runoff will be held back and dispersed at a slower pace. Gaffron stated that there are variances being requested with this subdivision application. A variance will be required for the property having no direct frontage on a public road. Additionally, the lot is flag shaped and does not meet the required 200' width. Gaffron suggested that the variances may provide the Planning Commission with mere control over other related aspects. Chairman Kelley questioned the hardship for the 140* lot width variance. Gaffron said that the location of the existing green and tee would be a hardship. MINUTES OF THE PLANNING COMMISSION MEETING APRIL 17, 1989 ZONING PILE #1326-WAY2ATA COUNTRY CLUB Mr. Downey said that the Country Club has been trying to comply with the requests from the City. He asked that the City's request for an additional 8' easement for the outlot be addressed. Kelley asked him how he would address the concerns expressed by Mr. Greig, Mr. Hauser and Mr. Simmons. Mr. Downey said that it was his understanding that Mr. Lauer intended to leave most of the property in a natural state. Mr. Downey said that once the subdivision is approved, the drainage problem would become Mr. Lauer's responsibility. Planning Commissioner Johnson interjected that it was his understanding that the Golf Course would participate in the construction of the retention pond. Mr. Simmons said that he did not understand how the subdivision could be approved without the City reviewing the actual house plans. Kelley concurred with Mr. Simmons adding that since this was such a sensitive area, it would be important to have more information as to the feasibility of what is being proposed. He said the fact that the City Engineer has revised his plan twice makes him even more leary. Planning Commissioniir Cohen said that he had understood that Mr. Lauer was building a "spec" house, and did not intend to live on the property. Cohen further expressed his concern over the construction destroying the private road which serves his property. He was also concerned about the access being located so close to the Golf Course. Mr. Lauer indicated that at this time he had not made a final decision as to whether he would live on the property or sell it. Mr. Brooke Nelson said that he had seen previous subdivisions approved and conditions changed after-the-fact that impacted surrounding properties. He wanted something more definite presented to him before this subdivision was approved. Kelley asked Gaffron what specific requirements should be requested from the applicant prior to proceeding with development of this property. Gaffron said that City Staff would like to see the retention basin design reviewed and approved by the City Engineer, Gaffron said that the remainder of this app x^ation could be presented to the Council, unless the Planning Commission preferred to have the matter come back before them again. Kelley asked if the actual grading plan for the proposed house would be provided. Mr. Lauer said that he had a 100' x 40* square in which the house is to be built so the grading plan can be determined. Kelley said that since the footprint and size of the house will be known, the runoff can be determined. He would like to see specific plans for grading and the retention pond on not only Mr. Louer's property, but the Wayzata Country Club property as well. Kelley said that the City would take a flowage and conservation easement across the pond. Kelley said that by taking the easement, the City can go in and remedy any problems with the pond and assess the costs involved back to the property MINUTBS OF THE PLANNING CONCUSSION MEETING APRIL 17, 1989 ZONING FILE 11326-WAYZATA COUNTRY cLUB owner. There were no further 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 table this item until the appropriate grading plans are submitted along with the plans for the retention pond. Planning Commissioner Johnson indicated that since this matter had come before the Planning Commission three times, he did not wish to see it again. He felt that the Wayzata Country Club should participate in this matter. Motion, Ayes«5, Johnson, Nay, Motion passed. #1367 STEVEN HARRIS 3850 WATERTOWN ROAD CONDITIONAL USE PERMIT CONTINUATION OF PUBLIC HEARING 8:10 P.N. TO 8:25 P.M. Mr. Harris was present for this matter. Zoning Administrator Mabusth explained that Mr. Harris was seeking a Conditional iJse Permit to install a pond 100* in diameter and 4* deep. The pond could be classified as a decorative pond with a secondary purpose of providing drainage of moisture content of soils surrounding the pond area. Mr. Harris proposes putting a fence around the pond to prevent his horses from interfering with the function of the pond. He intends to immediately seed the banks. The pond will not change the existing drainage, but rather will provide greater retention. Chairman Kelley inquired as to where the spoils would be placed? Mabusth was not certain, but the applicant indicated that he intended to keep them on his property. Chairman Kelley asked if it would be necessary for the City to take a drainage and flowage easement for the pond? Mabusth stated that the pond was such a local retention area that such an easement may not be necessary. Kelley said that should the property ever be subdivided, the City may wish to have the easement. He also suggested that the City be consistent with its easement policy. Planning Commissioner Johnson questioned the City's possible maintenance liability that may result from taking a drainage easement. Mr. Robert Taylor informed the Planning Commission that in the best of his knowledge, there was an underlying draintile in the area of Mr. Harris' proposed pond. He questioned whether a pond was the proper approach to a drainage problem and expressed concern over the area reverting into a swamp that would back up onto his property. Mr. Loren Butterfield interjected that the draintile ran under his prope^ •./ all the way to the Luce Line. Mr. Harris noted that if the draintile was there and functioning the grass in that area would not be consistently wet MIHDTBS OP THE PLANNING COMMISSION MEETING MARCH 20, 1989 #1326 1AYZATA COUNTRY CLUB 200 NAYZAZA BOULEVARD CLASS IX PRELIMINARY SUBDIVISION CONTINUATION OF PUBLIC HEARING 8:30 P.M. TO 9:00 P.N« The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Ronald Lauer was present for this matter. Assistant Planning and Zoning Administrator Gaffron explained that he had received the hydrologic analysis and had talked with the City Engineer with regard to drainage. It was the City Engineer's opinion that drainage could be effectively handled if a retention basin was installed. A retention basin would hold back more runoff than the development of this property would create. Gaffron stated that the property at 139 Chevy Chase would be the most affected and would need the most protec* Ion. The basin would allow for a slower discharge of water in the case of a major storm, rather than allowing water to freely run down the slope onto the properties below. Assistant Planning and Zoning Administrator Gaffron stated that he still needed to receive a site plan and drainage plan from Mr. Lauer. Gaffron showed th^. Planning Commission the plan he had pieced together depicting the proposed foot print of the house. This was done to get a better idea of the conflicts of the house location to the septic system location. In so doing, it was determined that there would be conflicts. Due to steep topography, it would be likely that the house would be a walkout at the south end. Grading will need to be done to put in a turn around driveway and this would bring forth questions as to how that grading would affect drainage on neighboring properties. Gaffron said there were still many site planning questions to be answered before a building permit would be issued. Kelley believed that those issues needed to be solved before the subdivision occurs. Assistant Planning and Zoning Administrator Gaffron said that he had received a copy of a proposed easement that provides the applicant with legal access to the property. The City would ask that half of a 50* outlot be created for a future road. There is currently a private road that is split between the properties to the north and south of the private easement road that serves the 5 or 6 houses in that area. Bellows asked why the road would not be public if there will now be 7 houses on it. Gaffron stated that when that particular subdivision had been done, the road was allowed to be a private road. Mr. Brooke Nelson asked about the results from the soil testing done on the property. Gaffron informed him that the soils were clay loams and due to that and seasonal high water tables, the property would require mound systems. Chairman Kelley asked Mr. Lauer if the City had received MUIOTBS OF THE PLANNING COMMISSION MEETING MARCH 20, 1989 ZONING FILE #1326-MATZATR CODHTRT CLUB CONTINUED written confirmation from the Wayzata Country Club indicating their support for Mr. Lauer's proposal. Gaffron replied that he had not received such a letter. Kelley stated that he would have a hard time going forward without that information and reminded Mr. Lauer that providing that information was a requirement. Planning Commissioner Bellows stated that Mr. Lauer had not provided an adeyiate site and drainage plan. She said that what little information she had received, had been compiled by staff. Mr. Lauer explained that he was merely trying to buy this property from the Wayzata Country Club and was not ready to build this time. Therefore, he did not have specific grading and drainage plans since there was no specific house plan. could focus on the basic grading issues without needing a full scale architectural plan. Mr. Brooke Nelson, 141 Chevy Chase Drive, presented a letter Hauser. He also expressed his own concerns regarding dr*?J.nage from the property Mr. Lauer is purchasing. Be encouraged the Planning Commission and the City Staff to visit the Chevy Chase properties during times of peak runoff. Mr Nelson explained the drainage pattern that occurred when he first ® small trench alongthe side of his house to facilitate the drainage to the street. However, since that time, the road was raised and the lot in house was filled in and graded. A culvert was installed, incorrectly in his opinion, under his driveway and consequently his driveway is sinking. He said that any runoff from Mr. Lauer s would aggravate that situation. Kelley asked his opinion of the retention pond being installed for the purposes of slowing runoff? Mr. Nelson said that he would be in works. He questioned where the liability would lie if it did not work. Kelley believed that any recourse would have to come from the property owner, not the City of Plarm?n» Chase Drive, informed thePiannxng Commission of his understanding of the current drainage pattern. He said that there was once a 14* pile of dirt on the lot across from his house and Mr. Nelson. It was finally graded, but was left in such a way that it is higher than the road. As a result, water that once ran into that area, now cannot. It was hardcover on Mr. Lauer’s property, once it ih.f runoff of that property rather ground. He said that the current runoff is such that it runs in a stream that is 10' to 12' wide and 1' deep, and runs for three or four days. He reiterated Mr. to have persons from the City witness this Mnoff first band. Mr. Greig also stated that the water table in about and added to the problem. He was concerned aoout the retention pond raising the water table even higher. r,„ Kelley informed Mr. Nelson and Mr. Greig that Hr. Lauer was not responsible for solving their existing drainage mHOTES OP THB PIAKimiG COMMISSIOH MEETING MARCH 20, 1989 ^niiTHG FILE #1326-WAyZATA COOHTRY CLUB CONTINUED His only responsibility is not to exaggerate the existing condition. There were no i. -her comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Planning re^ir«ents"'pr\^^^^^^ requested* bj^'the “AVnninrCommission are met? Motion, Ayes-4, Nays-0, Motion passed. #1366 T-nenw BOTTBRPIELD 3925 WATERTOWN ROAD preliminary subdivision reconsideration of conditions of T-la^ t-iarMr. Butterfield was present for this matter. Assistant Planning and Zoning Administrator Gaffron reminded the Planninrcommission that they had Butterfield's application for subdivision. Since that time, Mr. h, working wltk ' «“",”t«rio”twith the easements for wetlands and setbacks. Mr. Buttertieia was requesting clarifies' ion on the scions recommendation that no structures be allowed LinI? Af :er the Planning Commission review. f verification from the DNR that the easement t° «°|S the Lu Line was a public easement and not for Mr. Butterrieia on±y jiris ssr.trnV.To\i:r«."“o s: L^"".‘o”\n-rniKtr;o th^ it does not extend to Lot 2. Kelley observed that in the Mr Butterfield sold Lot 2r there would be no way to access it. Zoning Administrator Mabusth stated that an j have to be granted from Lot 1 or Outlet B to a®®*®® 2* Lllows statid that she was opposed to 9 of the Luce Line, even though that is currently being done. Mr Butterfield stated that he did not understand why, if he had 5 ^cres of land, hrcould not have an accessory structure. Allows clarified that the Planning ‘^°”“i-,®®^^°“^uce Line^ for\‘‘he Sr retirements that he had to meet to retain his agriculture status. Planning Commissioner Johnson recollected ** concerned aboGt the possibility of a ^®®i'^®"®® '■ 2 south of the Luce Line. However, he concurreo tr. Ltterfield, in that it seemed ridiculous to disallow ... r. any accessory structures south of the Luce Line. mHDTBS OF THE PL21NNING COMMISSION MEETING OCTOBT2R 17, 1988 ZONING FILE #1323-PAPAS CONTINITTD It was moved by Planning Commission member Hanson., seconded by Planning Commission member Bellows, to recommend approval of this application, per staff recommendations. Hanson cited the hardship as being the fact that there was no other reasonable location in which to build the deck. Motion, Ayes-2, Nays-5. Mr. Papas asked what harm a deck would have with regard to runoff. Kelley replied that th^ comprehensive plan called for preservation of Lake Minnetonka. The best way to do that is to control the quality md quantity of the runoff into the Lake bv leaving the ground uncoTjered so it can absorb as much water possible. Kelley added that the Planning Commission was just a recommending body for the City Council. The City Council can overturn any recommendation from the Planning Commission. Planning Commission member Bellows asked Papas if there was any way that the deck could be built off to the side. Gaffron stated that there was approximately 18* from the east side lot line to the house. Mr. Papas stated that there really was no room there. Bellows asked how many feet above grade was the deck? Gaffron replied approximately 1-1/2*. Bellows suggested building the deck without a rail, then only the hardcover variance would be necessary. It was moved by Planning Commission member Cohen, seconded by Planning Commission member Brown, to recommend denial of this application, because of the need to be consistent when dealing with hardcover in the 0-75* zone. Motion, Ayes»5, Hanson and Bellows Nay, Motion passed. #1326 RONALD D. LADER 200 MAYZATA BOULEVARD CLASS II PRELIMINARY SUBDIVISION CONTINUATION OF PUBLIC HEARING The Affidavit of- Publication and Certificate of Mailing were duly noted. The applicant was present for this matter. Asistant Planning & Zoning Administrator Gaffron explained that this application involved the creation of a 2-acre building site from a portion of the Wayzata Country Club property. Chairman Kelley stated that the most important issue with this application was drainage. He asked Gaffron to show where drainage occurred. Kelley then asked where the runoff went once it passed the south lot line. Gaffron stated that some drainage occured to the west and some to the south. Bellows and Cohen disagreed, stating they believed the drainage flowed east. Gaffron stated that the drainage running off of the property could be channeled so it would not have a significant effect on the Hauser property. MIHUTBS OF THE PLANNIEO COMMISSIOH MEETIHG OCTOBER 17, 1988 ZONING FILE #1326~RONALD LATTER CONTIinTED Mr. Leo Hauser explained the curreix. drainage patterns and conditions. He stated that the landscaping ^jr Mr. Lauer's house would increase the runoff from melting. This wculd push drainage water further into his property and make it very.wet and Tarshy. He is opposed to this happening. Mr. Lauer stated that Mr. Hauser would have problems from his own property because of the slope. Mr. Hauser responded that he had owned the property for 17 years and axj not have any significant problems to date. He said that any fill brought in on the Lauer lot, would cause more water to gather on his property. Chairman Kelley asked Mr. Lauer what he proposed to do tc prevent a more rapid flow from running off of his property? Mr. Lauer stated that he had no proposal at this time, but did not understand vhy the .and could not be contoured so that the water would flow more to the west, rather than flowing onto the Hauser property. Kelley informed Mr. Lauer that there could be no increase in runoff lue to the building of the house or any accessory structures. Mr. Albert C. Greig, stated that he had lived at 137 Che , y Chase Drive since June, 1955, and had watched the entire area, including the golf course, develop. Mr. Greig explained his understanding of the drainage in the area. He stated that the contours were changed when the golf course was built. He said that the concerns of Mr. Simmons, Mr. Hauser, Mr. Nelson and himself involve the fact that Mr. Lauer's house will be built at an elevation so as to overlook the golf course. This would involve a 24* depth of fill. The add on of the septic mound would bri the fill within 2*“ th* ar property line. The vegetation currently in that Ipi .ter runoff to a degree. Once the fill is brought in a grade increased, there will . Compassion member Johnson inou. egetation is remo^ *d and tJ .ncrease in runoff. Planning as to whether Mr. Greig had a current runcff problem on his property? Mr. Greig stated that the drainage currently runs across the rear of his property. Kelley agreed with Mr. Greig's concerns. Planning Commission member Cohen asked whether the private access would become a public road. Assistant Planning and Zoning Administrator Gaffron replied that the applicant had not discussed that with the parties that own and maintain that road. Mr. Lauer stated that he would be buying the road from the Wayz=»***^ ^^cuntry Club. Planning Commission member asked M^. Tauer whether he had a purchase agreement? Mr. Lauer stated at he did and it was contingent upon the approval of his applies It was moved by Chairman Kelley, seconded by ^nning Commission member Bellows, to table this application pending further review and more detailed assessment of the problems on MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 17, 1988 ZONING PILE 31326~RONALD LAUER CONTINUED the property. With regard to the drainage^ an independent hydrologist would need to be hired to provide a plan for drainage control. Kelley also requested grading plans and site plans so that the actual runoff can be determined. The issue of the road would also need to be addressed and Kelley asked that a representative from the Wayzata Country Club be present the next time this matter was ^3 the Planning Commission. Mrs. Hauser indicated that she was concerned about the road and private taking out all of the vegetation that currently acts as a buffer for their property. Cohen added that safety would be a major factor should the road become a public road. Motion. Ayes=7r Nays^O, Motion passed. NOTE: Mr. Greig’s information was accepted by staff for use as exhibits for this application. #1329 THOMAS MCNELLIS 355 WOODHILL ROAD VARIANCBS-SBCOND REVIEW The applicant was present for this matter. A brief review of this application was given by Assistant Planning and Zoning Administrator Gaffron. He stated that a front setback variance was required. The applicant has revised his proposal by changing the deck and garage, in addition to moving the location of the house slightly further south. The requires only a variance for the front setback which will be 37 rather than the required 50'. There will no longer be an encroachment into the wetland setback area, but applicant requests that the City allow cantilevering of the deck into the 26* wetland setback. Chairman Kelley inquired as to the number of houses that built to the north of this property. Gaffron bhat ..here is currently one house, with a potential fox one more. Kelley asked the applicant whether the access read was private or public. Mr. McNellis replied tnat the road was a served the old Pillsbury home that is now owned by John Prudden. Kelley asked about the remainder of the road that connects with Woodhill. Gaffron stated that Woodhill Poad owned by Woodhill Country Club. Kelley asked Whether the applicant had any agreement with the owners of the construction equipment should damage the road. Mr. McNellis responded that he would be responsible for repairing the road if it was damaged. Planning Commission member Bellows asked how many acres Mr Prudden owned. Mr. McNellis replied that he had a little over 8 acres. Bellows observed that there could be 4 houses built in that location. .’^elley asked how far the building envelope was from the MINUTES OP THE PLANNING COMMISSION MEETING SEPTEMBER 19 r 1988 ATTENDANCE 7:00 P,M. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley, * Johnson, Bellows, Cohen and Hanson. The following represented the City staff: Building fi Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, Planning Consultant John Shardlow and City Recorder Scheffler. Council Representative Grabek attended and CounciImember Goetten was also present. #1326 RONALD D. LAOER __ ................... " - - - 200 WAYZATA BOULEVARD CLASS II PRELIMINARY SUBDIVISION PUBLIC HEARING 8:15 P-M-8:19 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicant was not present for this matter. Planning Commission member Johnson stated that he would like to vote on this matter. Chairman Kelley disagreed and stated that there would be some debate involved with this matter. Bellows suggested hearing the public comments. Kelley disagreed and stated that the applicant should be present. One person from the public indicated that a would be willing to come back at any time to participate in the discussion of this matter. Anr^ther gentleman indicated that he would be out of town for the October 3rd Planning Commission meeting, but he could attend the October 17th meeting. Another concerned party inquired as to how many meetings the applicant could miss. Kelley reiterated his belief that it would not be effective to have the public comments of record without the applicant being present. y T>€r3 wepB-T)o copsismts the judSJ, Lc rpgrffSingtirll It was moved by Chairman Kelley, seconded by Planning Commission member Hanson, to table #1326 until the October 17, 1988 Planning Commission Meeting. Motion, Ayes»5, Nays»0, Motion passed. • - . #1328 HOWARD B. JOHNSON 1635 6 1675 CONCORDIA STREET SUBDIVISION OP A LOT LINE REARRANGEMENT CLASS I • 7 , . PUBLIC HEARING 7:45 P.M. - 7:50 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. “I ^ - . r ' The applicant was present for this matter. . Assistant Planning and Zoning Administrator Gaffron explained that this matter involved changing an existing lot JE APPLICATION NO. 1326 wayzata, MN 55391_ _ _ _ _ _ _ _ _ _ _ _ _ _^f^l!!.?!!:."!!-!!!:-_ _ _ _ _ _ _ TYPE OP APPLICATION: Subdivision _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DAra'oriiiiii^GT __!-!°f-l---------________ C rVlfi?*»^OAJ pA'/Ur^N PlanniJig CommissioD motion was as follows: x Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: house on the property. This basin would be required to Ind cSnlervItioflL^em^'ent sTa"ll be granted over the retention basin. ^' peLi^wi 11 reqi^ire a° revise°d’'K^ grlding^plarwhich ™ust b® approved by™he City Engineer prior to issuance of the buildxng permit. 3. Dedication of 25' outlot corridor along the north side of Parcel 36- 118-23 14 0010, for private roadway purposes. 4. The road outlot shall be subject to an underlying road and utility easement granted to the City. 5. City to grant the 140- variance for lot width and the inherent variance for lack of frontage on a public roadway. 6. The standard park fee of $200.00 for the new lot shall be paid as part of the final subdivision fees. 7. Standard drainage and utilities easements shall be shown on the plat drawings. Since this motion failed on a vote 2-4, ^t^th^ w'h\\"app^^^^^ “rIlir/n^d'ati\^n^^o/reSiaT= T^e r7as^{s ^for the ^^Tlt^ue^lf"/ niS loaV/drivevfay^iutlot v"s!^acces!i^g° tc“the existing easement road. Applicant's next scheduled meeting is confirmed as: City Council Monday June 12, 1989; meeting starts at 7:00 p.m. Notice of Planning Coininission Action May 23, 1989 Page 2 of 2 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. It is City staff*s understanding that Mr. Hauser and Mr, Lauer or representatives of the Country Club intend to discuss options for combining their subdivisions for mutual benefit. If this occurs, resulting in a substantially revised layout, the proposal will likely be referred by the Council back to the Planning Commission for review. The next Planning Commission meeting is scheduled for Monday, June 19th at 7:00 p.m. Please contact staff no later than Monday, June 5th regarding your intentions. CITY OP OROMO P.O. Box 66 Crystal Bay, MN 55323 ZONING PILE NO. 1326 NOTICE OP PLANNING COMMISSION ACTION 473-7357 Date of Notice; 4/18/89 Ronald Lauer 80 Gideons Point Road Tonka Bay, MN 55331 COPIES TO:John Downey Wayzata Country Club ^ ^00 Wayzata Blvd^ P.O. ITT j Wayzata, MN 55391 \^\ TYPE OP APPLICATION: Subdivision DATE OP MEETING: 4/17/89 VOTE: 5 For 1 Against Planning Commission recommends the following: Tabled for reasons noted below NOTES AND SPECIAL CONDITIONS: Planning Commission chose to table this request until the design for the drainage retention basin and house grading plan have been submitted and received approval of the City Engineer. Minority opinion - Commissioner Jeff Johnson felt that the items requested did not need further Planning Commission review. Additional information is requested, as follows: 1. drainage retention basin plan; 2. site grading plan. Applicant's next scheduled meeting is dependent upon receipt of additional Information. Deadline for the May 15th meeting is Monday, May 1, 1989 (in order to allow adequate time for review prior to 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. ZONING PILE NO. 1326 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 NOTICE OP PLANNING COMMISSION ACTION 473-7357 Date of Notice: 3/27/89 Ron Lauer 80 Gideons Pt Rd Tonka Bay, MN 55331 COPIES TO: Wav^aua Country Club • 200 Wayzata Blvd P.O. Box 171 Wayzata, MN 55391 Attn: John Downey TYPE OF APPLICATION: Subdivision DATE OF MEETING:3/20/89 VOTE: 4 For 0 Against Planning Commission recommends the following: Tabled for reasons noted below NOTES AND SPECIAL CONDITIONS: Additional information required as follows: 1. Verification that Wayzata Country Club is application (verification was received on 3/23/89). 2. Grading and drainage plan: a party to the a) Provide detailed design and location plan for retention basin per Glenn Cook's letter of 3/23/89 (attached). The City's intent is that 50% of the run-off from a 100-year storm must be retained. You should be considering the entire watershed flowing through this property. Please have your engineer contact City Engineer Glenn Cook directly if you have questions. b) Since your construction plans and proposed house location are not final, staff agrees that it is of limited value to require a detailed grading plan for some specific house that may never be built. However, for the interim and for the Planning Commission meeting, you should provide a conceptual grading and drainage plan based on the probable house and driveway location, showing drainage arrows. The intent, of course, is that all additional ^ ’.nage resulting from development of the new lot would be r • .‘ted to the retention basin. Note that, prior to a building per4_t being issued, you would have to submit a detailed grading plan showing changes in contours around the proposed house and driveway. 3. Provide documentation that verifies Wayzata Country Club's rights of access over the property(s) directly east of the lot as noted on Exhibit A attached. Does Wayzata Country Club have the right to develop new lots that use this private easement access? Provide copies of the easements currently in effect. CITY OP OBOm P.O. Box 66 Crystal Bay, MN 55323 ZONING FILE NO. 1326 NOTICE OF PLANNING COMMISSION ACTION 473-7357 Date of Notice: 10/21 TO:Rnnald D. Lauer COPIES TO: Wayzata Country Club 8U Gideons Point "^oad P.O. Box 151 Tonka Bay, MN 55331 Wayzata, MN 55391 TYPE OF APPLICATION: Subdivision DATE OF MEETING: 10/17/88 VOTE: 6 For 0 Against Planning Commission recommends the following: Tabled for reasons noted below NOTES AND SPECIAL CONDITIONS: A number of neighboring property owners were in attendance at meeting and expressed great concern regarding the Impact on neighborh drainage that development of this lot may have. Planning Commission tat the subdivision application, requesting the following information: / 1. Applicant to provide a hyrologic analysis of the drainage patte ^ in the neighborhood that may be affected by development on t proposed lot. (Please contact staff regarding specifics on this.) 2. Provide a site plan and grading plan for the proposed residence be constructed. 3. Address who owns the private roadway and specify what **»seir agreements are or will be in place to effect that access. 4. Provide a letter or other documentation from the Wayzata Cour Club that they are a willing party to this application. Applicant’s next scheduled meeting is dependent upon receipt additional Information. Deadline for the November 21, 1988 meeting November 11, 1988 or December 9, 1988 for the December 19, 1988 meeting If the applicant has trouble obtaining additional information, pit contact the Zoning Department (473-7357). I'' i-e certified copies of ' he official Planning Commiss mi*. are available from the City Recorder after review approv«^_ wy the Planning Commission. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 Z0NIH6 FILE HO. #1326 NOTICE OF PLANNING COMMISSION ACTION Date of Notice: 9-21-88 TO: Ronald D. Lauer 80 Gideons Point Road Tonka Bay, MN 55331 COPIES TO: Wayzata Country Club P.O. Box 151 Wayzata, MN 55391 TYPE OF APPLICATION: Subdivision DATE OF MEETING: 9-19-88 VOTE: 5 For 0 Against Planning Comnission recommends the following: Tabled for reasons noted below NOTES AND SPECIAL CONDITIONS: Applicant was not present. A number of neighboring property owners were present to comment on the proposal. Their comments were not heard due to the absence of the applicant, however, this item was rescheduled for review at the Planning Commission meeting on Monday, October 17, 1988. That meeting starts at 7:00 p.m. Please advise City staff at 473-7357 if you or your representative cannot attend that meeting. Applicant's next scheduled meeting is confirmed as: Planning Commission October 17, 1988; meeting starts at 7:00p.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. We are still awaiting receipt of the topographic survey for this property. Please submit same no later than October 7, 1988. Mayor Grabek S Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Eernhardson zAr.iE] \ From:Michael P, Gaffron, Asst Planning & Zoning Administrator Date:May 11, 1989 Subject:#1326 Wayzata Country Club, 200 Wayzata Blvd ~ Preliminary Subdivision - Continuation of Public Hearing Zoning District - RR-IB Application - Split off a 2.8 acre parcel from golf course (4th review). List of Exhibits Exhibit A - Proposed Grading and Drainage Plan Exhibit B - Letter of Transmi ,tal from Applicant's Engineer Exhibit C - City Engineer's Written Comments (not received as of this writing Exhibit D - Planning Commission Action Notice of 4/18/89 ExMbit E - Planning Commission Minutes of 4/17/89 Exhibit F - Memo of 4/13/89 Discussion - The applicant's engineers have submitted a revised house site grading plan, and a design for the proposed detention basin to control run-off from the approximately 12 acre drainage area that affects the south end of this property. The proposed basin is designed to disturb as few existing trees as possible, and will provide the necessary detention to reduce the impact of intense rainfall and snowmelt events on the neighboring properties to the south. It is expected that even with the development of a house on this property, the proposed detention basin will provide better run-off control than exists now to protect the neighboring properties. City Engir^er Glenn Cook has indicated some minor revisions to the basin ' itlec elevativns», but generally feels It is a suitable desicn. Regarding the house grading and drainage plan, the City Engineer's comments were that the plan is acceptable with the condition that drainage from the driveway and easterly half of the roof be directed south along the east lot line and diverted around the drainfield sites to eliminate the potential for run­ off affecting the sewage treatment mound. Staff Recommendation - Staff recommends approval of the proposed subaivision, and recommends that Planning Commission recommend preliminary plat approval subject to the following conditions: Zoning File #1326 May 11, 1989 r«ge 2 of 2 1. Applicant shall construct the retention basin per the City Engineer's approval as a first condition to issuance of a building permit for a house on the property. This basin would be required to be completed at the time of initial foundation excavation on the property. Proper erosion controls shall be in place. The necessary drainage easement for this basin shall be shown in the final plat drawings. 2. Any changes to the house footprint prior to issuance of the building permit will require a revised site grading plan which must be approved by the City Engineer prior to issuance of the building permit. 3. Dedication of 25* outlot corridor along the north side of Parcel 36-118-23 14 0010, for private roadway purposes. 4. The road outlot shall be subject to an underlying road and utility easement granted to the City. 5. City to grant the 140* variance for lot width and the inherent variance for lack of frontage on a public roadway. 6. The standard park fee of $200.00 for the new lot shall be paid as part of the final subdivision fees. 7. Standard drainage and utilities easements shall be shown on the plat drawings. 5^ -- ? 10.• . C I wo 'AO A- ' A .C.; : /I To; Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: April 13r 1989 Suiject: #1326 Wayzata Country Club/Ronald D. Lauer, 200 Wayzata Subdivision - Continuation of Public Hearing Zoning District - RR-IB Application - Split off a 2.8 acre parcel from golf course (3rd review). List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E • Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Exhibit K - Discussion - Letters of 3/15/89 - 3/22/89 Letter From Neighbor Hauser (475 North Ferndale Rd) Submitted at Planning Commission of 3/20/89 Letter from City Engineer 3/21/89 Staff Sketch of Drainage Patterns Observed on Site 3/27/89 Letter from City Engineer 3/30/89 Letter from Applicant's Attorney 4/6/89 Regarding Access Letter from Wayzata Country Club Attorney 4/6/89 Regarding Access Letter from Applicant's Engineer 4/7/89 Revised Conceptual Site/Grading I Ian Notice b" "'•anning Commission Action 3/27/89 Memo « Exhibits of 3/16/89 At the meeting of March 20, 1989, Planning Commission tabled this application pending additional information per the Notice of Planning Commission Action dated 3/27/89. The applicants have provided additional information as follows: 1. Both the applicant's attorney and the Wayzata Country Club attorney have provided substantial information, including existing easements, which verify that this property ca:"^^ legally access North Ferndale Road. 2. The Country Club has provided a letter of verification that they are a party to the application. 3. i*pplicants have provide a revised concepV ;:.i grading plan and revi« conceptual house foot print. The City Engineer has reviewed the site grading plan for the house location and feels that with a minor revision to channelize drainage southerly along the east lot line by creating a swale, the neighboring properties will not incur any additional drainage from development of this property. Zoning File #1326 April 13, 1989 Page 2 of 3 The applicant’s engineer has also been in touch with City Engineer Glenn Cook regarding design and development of a retention basin at the arrln'/S: .'/r7nVVu-.4*£fVvVnV, Xa'J'nSSfeyJiVy* vY.'AJfy* lli! actual drainage patterns in the area. This led the City Engineer to revise his previous recommendation for the design and location of the retention basin. The applicant’s engineer is currently in th^ process of designing that retention area but anticipates that the design work will not be completed until approximately April 20th. Not' -hat Glenn's comments of March 30th indicate that the retention pond on ^ Wayzata Country Club property should be designed sufficient to improve tne overall drainage system for the area, handling more than just created by development of a single new residence. Additionally, Glenn suggests that improvement of the swale on the Brooke Nelson pronev^” vfll eliminate the standing water on the Nelson and Simmons properti-5' cugh the current applicants would not necessary be re:»ponsib. king those neighborhood drainage improvements. Staff Recomu;«Ion - Based on the recommendation of the City Engineer and the information provided regarding house site grading, access easements, and property owner's verification that the Country Club supports the subdivision, staff recommends that Planning Commission recommend preliminary plat approval subject to the following conditions: 1. Applicant shall construct a retention basin per the City Engineer's recommendation as a first condition to issuance of a building permit for a house on the property. This basin would be required to be completed a‘ the time of initial foundation excavation on the property. Proper erosion controls shall be in place. The necessary drainage easement for this basin shall be shown in the final plat drawings. 2. Applicant shall submit a final house site grading plan prior to issuance of a builc^-ng permit, which must be approved by the City Engineer prior to issuanc- of the building permit. 3. Dedication of 25' outlot corridor along the north side of Parctl 36-118-23 14 0010, for private roadway purposes. City to ’lant the 140* variance for lot width and the inherent variance for lack of frontage * r. a public roadway. 5. The standard ■ a of $200.00 for the new lot shall be pal# as p«^t of the final subdivision fees. 6. Standard drainage and utilities easements shall be shown cn the plat drawirts. Zoning File #1326 April 13, 1989 Page 3 of 3 7. The road outlot shall be subject to an underlying road and utility easement granted to the City. If Planning Commission prefers, this application could be recommended for approval with the stipulation that it not be presented to Council for preliminary plat approval until the City Engineer has reviewed and approved the plans for the proposed retention basin. Staff would anticipate that this wi'l not hold up the applicant any later than the May 8th Council meeting at which preliminary plat approval would be requested under a normal schedule. Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson 5. From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: March 16, 1989 Subject: #1326 Ronald D. Lauer/Wayzata Country Club, 200 Wayzata BlT;d - Class II Preliminary Subdivision - Continuation of Public Hearing Zoning District - RR-IB Application - Split off a 2.8 acre building site from country club property. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit P - Exhibit G - Exhibit H - Exhibit I - Notice of Planning Commission Action of 10/21/88 Planning Commission Minutes of 9/19/88, 10/17/88 Letter from Neighboring Property Owner Simmons Hydrologic Study by Applicant's Engineer Preliminary Site Plan Submitted by Applicant Flood Insurance Map Excerpt Site Plan Data Compilation by Staff Area Topographic Compilation by Staff Memo & Exhibits of 10/10/88 Pertinent Facts - 1. This item was tabled by the Planning Commission on October 17, 1988 pending receipt of the following information; 1) Hydrologic analysis of the effects of development of thit property. 2) Site plan and grading plan. 3) Information regarding access to the property. 4) Verification that Wayzata Country Club is a willing party to the application. 2. Item 1 has been provided. The City Engineer's comments have not been received as of this writing. The information suggests that the impact to the neighboring property to the south will be minimal, but any new impact resulting from the development can be eliminated by construction of a drainage retention basin at the south end of the lot, which would collect and release slowly the run-off from any major storms. Staff has compiled a topographic survey of the area which generally indicates drainage patterns to the south. T le topographic map generally verifies the comments made by Mr. Sijimons in his letter attached as Exhibit C. Zoning File #1326 March 16, 1989 Page 2 of 3 3. A preliminary site plan showing the driveway and house location was submitted by the applicant. Staff compiled the septic information house plan, and topographic survey onto a single drawing, and notec specific conflicts regarding the proposal. In general, the proposec location of che house conflicts with the septic syst^im and the generally proposed location for a basin also conflicts with the drain- field sites. However, it is staff's opinion that with careful anc informed site planning, these conflicts can be resolved. 4. A grading plan has not been submitted. Staff would note that wher comparing the proposed house to the existing contours, we would expect a walkout to the south of the house, but foresee major filllnc necessary in the area of the circle driveway, which may affect th«r neighboring property. It will be incximbent upon the applicant to makt some sense out of the site plan and show that the neighboring property to the east will be protected from run-off when a building permit is applied for. 5. With appropriate setbacks and careful construction, staff would expect no surface or ground water impact from the mound drainfield systems. 6. Applicant as of this writing has not submitted signatures from the Wayzata Country Club nor documented the access issue, although these were promised to be submitted two days prior to this writing. Applicant is advised through this memo to submit that informatlor immediately. Diacosslon - Please review the staff recommendation of September 14th. Staff recommended approval, conditioned on the plat drawings Including a 25* road outlot corridor along the north boundary of the existing country club parcel, dedicated for private roadway purposes. This will provide the next link in the private roadway serving the addition known as "Fairway View" tc the west. Note also that a variance must be granted for lot width, since this is a "flag" lot. The standard drainage and utility easements would have to be show*', on the plat drawings, and the new lot would be subject to a park fee of ^200.00. Additional easements would be requested if the City requires that a retention basin be constructed on this property. -HP ^ /S c.ot^t,errCi. Zoning File #1326 March 16, 1989 Page 3 of 3 Absent the City Engineer's final comments regarding drainage concerna# it is staff’s opinion that the proposed lot is a viable building site* However, careful site planning will be necessary to ensure that conflicts between the house, driveway, septic system, and the grading associated with those components, does not conflict with each other nor cause problems for neighboring property. Staff would suggest that a condition of plat approval be the requirement for a final grading plan prior to Issuance of a building permit, such plan to be reviewed and approved by the City Engineer. Also, Planning Commission may wish to recommend that the retention basin and associated easement be completed prior to issuance of a building permit. Staff Reel iwndation - Staff recommends approval the following conditions: of the preliminary subdivision tubject to 1. Dedication of 25' corridor along the north side of parcel 36-118- 23 14 0010, for private roadway purposes. 2. Grant the 140' variance for lot width and the inherent variance for lack of frontage on a public roadway. ^ ^ 3. Per the City Engineer's, pending recommendation, applicant shall construct a retention basin on the propertyto issuance of a building permit for a house on the property, and grant the necessary , drainage easement for same in-the final plat drawings . — 4. Applicant shall submit a final site grading plan prior to issuance of a building permit, which must be reviewed and approved by the C..ty Engineer prior to issuance of a building permit. 5. The standard park fee of $200.00 shall be paid as part of the final subdivision fees. 6. Standard drainage and utility easement shall be shown on the plat drawings. 7. The road outlet shall be subject to an underlying road and utility easement granted to the City. As a final note, the drainage concerns expressed by the neighbors regarding development of this property may very well be legitimate concerns, however, creation of the retention basin on this property would be expected to alleviate any intensification of the problem as a result of development of this property. If in fact there is a drainage problem in the neighborhood prior to development of this property, the appropriate method for solving that would be for the residents to petition for a neighborhood drainage study independent of this subdivision approval. To: Planning Conunission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Proa: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: October 10r 1988 Subject: #1326 Wayzata Country Club/Ronald D. Lauer, North Ferndale Road - Class II Preliminary Subdivision - Continuation of Public Heari; Application - Split off a 2.8 acre building site from the northeast corner of the Wayzata Country Club property. Zoning District - RR-IB, Single Family, 2 Acre, Unsewered Mote - This item was tabled at your September 19th meeting because applicant was not present. A number of neighboring property owners were present and their comments were not heard, but the application was re-scheduled for this October 17th meeting. List of Exhibits Exhibit A - Topographic Survey Submitted 9/26/88 Exhibit B - Notice of Planning Commission Action 9/21/88 Exhibit C - Memo & Exhibits of 9/14/88 Discussion - Please review the memo and exhibits of September 14, 1988. The topographic survey provided for the property indicates that in the more steeply sloped areas, drainage is generally to the south, and should, not cause any unusual drainage concerns for neighboring property owners. The staff recommendation for approval in the September 14th memo still holds, except that applicant has satisfied Condition #3 by providing the appropriate topographic map. 6*0 ^1 Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Frca: Mi'^hael P. Gaffron, Asst Planning & Zoning Administrator Date: September 14, 1988 Sabiect: #1326 Wayzata Country Club/Ronald D. Lauer, North Ferndale Road - Class II Preliminary Subdivision - Public Hearing Application - Split off a 2.8 acre building site from the northeast corner of the Wayzata Country Club property. Zoning District - RR-IB, Single Family, 2 Acre, Unsewered List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H - Application - ^lat Map - "roperty Owners List - Letter From City Engineer Glenn Cook - Survey of Proposed Subdivision - Air Photo - Lot Diagram Indicating Required Setbacks - Septic Site Diagram HOTS: The most feasible access for viewing this proposed lot is from the private road going from North Pemdale Ro?d ••.•astward along the north edge of the golf course property (please refer to the plat map). Pertinent Facts - 1. 2. 3. Proposed lot size is 2.8 acres, all of which would appear to be dry buildable from City wetland maps. The property has a general downward slope from the north to the south, and it appeLs the probable building site will be located along that main drainageway, hence careful site planning will be needed. City staff has requested a topographic survey of this drainage concerns, however, that topographic survey has bee" submitted as of this writing. Applicant notes that such a sur ey should be completed by the end of this week. 6. 7. ■•i Zoning File #1326 September 14, 1988 Page 2 of 3 centrally on the lot along the east boundary line. (See Exhibit F Both the primary and alternate sites require mound systems, and th slopes at the proposed sites range from 2% to 4%, well within tr acceptable range for mound systems. 5. The general drainag- direction within the area of the mound site would appear visual 1; to be parallel to the east lot line, henc neither the proposed house development nor proposed septic syster should have Iny runoff effect on the neighboring Hauser property t the east. care will have to be taken to direct surface drainfield sites, and given the proposed house location on the sept, design plan, the location of the drainfield sites places a relativel severe restriction on the proposed house location. .\gain, carefu site planning will be nece^^sary to insure that the natural flow c overland drainage in addition to the run-off from the hous development does not affect the septic system. Note that the proposed division creates a "flag" type lot# with corridor 60' in width running about 230' before the lot widens ou. This requires a lot width variance, since the defined width of thi property will be 60' where a 200* width is normally required. Not also that the lot is 320' in east/west width at its widest point ar actually contains more than 2 acres in just the area south of th narrow corridor. 8. AS you can see from the plat map, staff has sketched in the l°=atic of the private easement road which currently serves eight tota residents. This would be the ninth residence served by that roa< Staff has sketched in on your plat map the location of that would note that the private road is approximately 2,100 in length t the end of the loop at the west end. Staff would also n<3te that th parcel from which this lot is to be the ’citv^ width and comprises i„»te roaopportunity to initiate an appropriate dedication pSiposes on this 14 acre parcel. Staff would recommend that th LvLoper be required in his proposed plat to show a “ wide by 93 long outlot at the north side of the property for private roa pur/oses. Note that the survey indicates that private easements exi. presumably for access purposes to neighboring P^°P®’[^^®®' , ^ corridor 16.5' south and north of the north lot line question. Also note that the plat of Fairway Vi®w to the we®t has plat road outlot width of SO' on the north/south P°^,V,°”'Throutlc the east/west portion. That plat was completed in 1977. The °“tlc road parcel on the plat of Fairway View is currently owned by th owner of Lot 5. Zoning File #1326 September 14, 1988 Page 3 of 3 Discussion - On the air photo, attached as Exhibit F, I have drawn in the approximate boundaries of the proposed parcel. You can see the Hauser residence under construction just to the east of the narrow portion of the proposed lot (these air photos were taken about 1970). This proposed lot would appear to meet the minimum requirements for subdivision, the only variance being the lot width variance due to the flag lot configuration. The normal setbacks would be required as shown in Exhibit G. Staff Reconendation - Staff would recommend approval of the proposed subdivision subject to the following condil*ons: 1. The plat drawings shall include the entire parcel listed as P.I.D. #36-118-23 14 0010, and shall show a 25' corridor along the north line of that parcel as Outlet A, to be dedicated for private roadway purposes. This is consistent with previous plat approvals in similar situations, and consistent with recent plat approvals on "Lydiard Road" a few blocks north of this property. 2. Variance to be granted for lot width. 3. Prior to Council preliminary plat review, applicants shall provide a topographic map for site planning purposes and to verify drainage patterns that affect or will be affected by the development of this property. 4. The standard Park Fee of $200 per the current fee schedule will be collected as part of the final subdivision fees. 5. The standard Drainage & Utility Easements shall be shown on the plat drawings. fl Bonestroo Rosene Anderlik & Assor’-^tes Ono G aoofwoQ PE. aooert W BoMfift PE -os«y< C Anoeo* PE iticnn A P£ ?cn»a E “E jjmei C Oiion. PE Otnn « Coo*^ PE TNyrui E 'vJovei P£ a»m G Scnuncnt PE M*vm L iorvMi, PE *Mn A Goioon PE Picnadj W Eo«» PE Conau C 9kPq«tK. PE -ffrv A Bowoon PE Man A Hanson P« ’« K F«l PE \*cnaa ‘ Baumann pe BDOcn B Pfmm PE □avKi O Lottou. PE rnoma* m Ptwron pe M<cnaei C l^n Pt ;am« B Matw p& •cennnn p Ancenon PE <p«n A Sacnmaon PE Mani » Bb»l PE *00«t C Bliispn A I A rnomas E Angul PE HowMid A San<onx PE Oan«« 1 6<J9em5n PE. Mam A >« PE Ptsp® j CaiwM PE Mara O 0«H. PE ’>iomai 8 AnoefVjn A Qanv E 9y<ana«f “E Cnar« A EfCPSon LPO M Pavk«iuy Hanan M Onon Susan M Eberan CJ>A Engineers & Aro p?cts March 30. 1989 City of Orono Box 66 Crystal Bay. MN 55323 Attn: Mike Gaffron Re: 139-1326 Vayzata Country Club Dear Mike: . 4 i w H We observed the drainage in the Chevy Chase area on Tuesday. March 28, 1989. The vater was flowing fairly heavy from the Vayzata Country Club across the Simmons and Nelson property to Pond F. There is approximatly 13 acres that flow through a swale on the Nelson property. The swale is not adequate to handle the flow and should be reconstructed. Improvement of the swale will allow water to flow more freelv and eliminate the standing water on the Nelson and Simmons property. Ve would recommend construction of a ponding area on the Vayzata Country Club property. The pond would slow the rate of runoff but the volume of runoff would not change significantly. If the swale on the Nelson property is improved the overall drainage system for the area will be better. The construction of a pond on the Vayzata Coui.try Club property «ould not significantly affect the ground water elevation in the area. The water in the pond would be there less then 6 hours for a 100 year storm event. If you have any questions please contact this office. Yours very truly, BONESTOOO, ROSENE. ANDERLIK & ASSOCIATES. INC. Glenn R. Cook GRC:df Enel. 2335 West Highway 36 • St. Paul. Minnesota 55113 • 612-636-4600 M '*'• -1 ^ ,C Bonestroo Rosene Anderiik & Associates OBo G aonraoa ■bowt w RLtene pg JOiton C Anoer* PE inooia A LffTWAj ®£ «icn»0 E ’Urpf P£ Jjmw C Oi»n PE Onn # Coo*. PE Tmotui £ Novel "E EDOeB G Scfwcnt PE Marvin t SoPvaM PE Kenn A Go Ricnjia w Po«e» pe □on«0 C autgaOL PE Jerry A Souroon PE Mart A i-unvjn »E «a K Few PE Munaei T 9auonann P£ BBOerr » prenene PE Oavw u uottoca. pe Thomai W Ptanon *E Mc»iaef C Lyncn PE jamet R Maww. PE Kennem P Anoervsn P£ Keicn A Bocnmarm pe Mark R Kofi PE Rooert C Ruwe« * i a nwmai E^rigui PE HowW^J>ij(0. PE PTkPO J Caivvek PE Mark O vMKi PE. Tborrvij R Anoenon A UK Gary F Ryianoer PE Chanet A Enckion Leo M Paweriky Harlan M OUon Suian M EDetkn C PA Engineers & Architects March 21. 1989 City of Orono 1335 Bcoen Road So. Orono. MM 55323 Attn: Mike Gaffron Re: 139-1326 Vayzata Country Club Dear Mike: Ve have reviewed the hydralic calculations submitted on the Vayzata Country Club Subdivision. There is currently a problem with drainage to the south of this subdivision. Ve would recommend that the runoff from this site be reduced below the existing condition. Ve would recoounend that a ponding area be created near the southwest comer of the site. The ponding area should be capable of storing 50 percent of the runoff from a 100 year storm. The constriction of a berm along the south line to elevation 978 as shown would provide the aesired storage. The berm should continue onto the golf course property as well. Ve should also have drains to this area. a plan indicating the portion of the golf course that If you have any questions please contact this office. Yours very truly, BONESTROO. ROSENE. ANDERLIK & ASSOCIATES, INC. Glenn R. Cook GRC:df 2335 West Highway 36 • St. Paul. Minnesota 55113 • 612<636-4600 a* »*^—^** I . t.. *.* * '•% <;-• ■'ll«^ ^ i VJ! \!i N^ ^ ?i ^ d ^ 'I ^^ w 9 A 3 (O ■o O) i III IpI : ti: -,•■■ ;. ' . •_ „ '. ■• , r -~- . _ . •. :■■' ■ •';■ “••.«• ••■.■ ^• ,- -.: /. ■»• — ■ r*r.. ■- ■TC'- 1 • ’■ . . i .- . . •'. ■ *:-•;■■ • ■ " i." ■(■■;. 3V-? 'j^.: '■ - ■■-■■■■ ■■ ■ ■ ■■■ • rsr;. ■■p-K' '•r ;-*■... . .r-. •■■ •. ■ ■ tr *=^'3' -f —' Oao a BooMtroa Rooert W Rotcoc. f*C joMor C Anoeriik. PE. Snatom A LRtnowg. PE. Rtcnani E. Hpner. PE. jjm« C. 0<ian. PE- Q*nn « C oop. "E. mofTijf E ^•oyel. PE. •oMft a soHinKm. PE. Marvm L Sonau. PE Kmn A GoMon. pe •icnjfO w Poitef. PE Oon««0 C. Sufgwat. PE Jerry A B oua MA. PE. Merit A Manion, PE. TM ic. P<e»d-PE Thomei W. Ptwnon. PE MJcne«< C Lyncn. PE J»net t. MMfxL PE Kermtm P Anoencn. PE Keicfi A. Becnmenn. PE uam a..st>ai.£L OtMfm A Enckson LfO M. Pawetiky Herten M Oiion Suien M Etwfttn Mere A $e« riyriiU.r lii »■ ■ ■ llMll H i . Ill II ■ ■ ■■M MKAMI T i*ui«k7AlI» ■oecft • Oawid a u t s V,h3»P^ E jAngy> PJS Bonestroo Rosene Anderlik & Associates Engineers ft Architects September 9, 1988 City of Orono Box 66 Crystal Bay. MN 55323 Attnt Mike Gaffron Rat 139-1326 Ronald Lauer 200 Vayzata Boulevard Dear Miket Ve have ma^’e a preliminary reviev of the proposed Wayzata Country Club subdivision. In walking the site we observed no aerious site problems that would prohibit development. The site generally drops from the north to the south with modest slopes. (1-lOZ) The site drainage generally follows the same pattern with a slight concentration to the west central part of the site. Ve would recommend that topography be provided for the site as the proposed home would be located ulong the main drainage way. It appears that some protection of the on-site system would be necessary. If you have any questions, please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Glenn R. Cook GRCici 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 8CHOELL & M AD80N, INC. ENGINEEPS • SURVEYORS • PLANNERS SOIL TESTING 10S00 WAYZATA BCULEVARO • MINJNETOMKA. N/«si BS3A3-OAaS (B1S| S4S-7S01 • FAX IBISl S4S-9GSa May 3. 1989 Mr. Mike Gaffron City Planner - Orono P. 0. Box 66 Crystal Bay, MN 55323 r-i Subject:Lauer Homes, Inc. Site Drainage Basin Deign and Site Grading Dear Mike: Enclosed for your review and comments Is the proposed grading and drainage plan and hydrology calculations for the subject project. Included on the grading and drainage plan fs the detention basin required by the City. Prior to designing this basin, we re-surveyed the proposed basin area and discovered a large stand of 8" plus diameter trees located In the most feasible spot to construct the basin, i.i order to keep storm water runoff from continually ponding In this stand of trees, we designed the basin In such a manner that ponding would occur only during the more Intense storms (10 year return frequency or greater). To minimize ponding In the stand of trees, the detention basin design volume Is somewhat less than the volume suggested by Glen Cook. He feel, however, that the proposed basin p vides a viable solution to your concerns. A summary of the hydrology analysis Is as follows: I.Method of Analysis: Soil Conservation Service TR-55 Tabular Hydrograph using a 24-hour storm event. A. Drainage Area: 11.81 acres. B. Curve No.: 61, Golf Course, woods and brush II. 10-Year Frequency Storm Design: Precipitation - 4.3 Inches Peak Inflow to Basin - 9.0 cfs Peak Outflow to South - 2.4 cfs Water Level In Basin - 975.8 Maximum Volume of Hater Detained In Basin - 13,000 cubic feet APRRMATTVe ACTION • EQUAL aPPOPTlJNmr' EMPLOYER 8CHOBL1. & MA080IM, INC. Mr. Mike Saffron -2-May 3. 1989 III. 100-Year Frequency Storm Design; A. Precipitation - 6.0 Inches B. Peak Inflow to Basin - 18.0 cfs C. Peak Outflow to South - 10.2 cfs D. Hiter Level In Basin 976.36 E. Mixlmum Volume of Water Detained In Basin - 19>166 cubic feet Mike, please note that the proposed detention basin will alter the i;x1sting site drainage patterns. The effect of this change could cause damage to the existing tree stand, resulting In a future stand of "dead and unhealthy" trees. Presently, there Is field evidence that the existing stand of trees Is located In a low, wet area and that during Intense storms, standing water may be present. However, It would be very difficult, nearly Impossible, to predict the future effects that the proposed basin will have on those trees. If you have any questions or connents, please feel free to give me a call. Very truly yours, SCHOELL S MADSON, iNC. John Karwacki, P.E. JRK/cJ end. cc: Ron Lauer 8CHOELL & MAD80N, INC. ENGINEERS • SURVEYORS • PLANNERS SOIL TESTING lOaSSO WAYZATA BCULEVAflO • MfStfSiETOfNJKA. vIN Sa3A3-Saaa (SIS) 543-7601 • FAX (B1S| 546-9065 April 7, 1989 r. A .-M w ■ J ~ Mr. Mike Gaffron City Planner City of Orono Orono, MN. Subject: Proposed Lot Sub-Division for Ron Lauer Homes Dear Mike, Enclosed for your review is a preliminary lot grading and drainage plan for the subject property. The plan presently shows the proposed house grading but does not include the drainase basin. On Thursday, April 6, I discussed with Glen Cook the drainage improvements that would be required by the City. The improvements we dis­ cussed are quite different from what was originally requested and will require additional design and possibly some field survey. Before proceeding with work on the larger basin I need to discuss the project ^'ith Mr. Lauer who will be back in Minneapolis on Tuesday. We would appreciate that this project be included on the April 17th planning commission agenda. We will be submitting to you a complete Grading and Drainage Plan as soon as possible Thank you for your cooperation. If you have any questions or comments please feel free to give me a call. Very truly yours, SCHOE^rf. & MADSON,INC. ohn Karwacki JK:pk enclosure AFFIRMATTVe ACTOM • EOUAU OPPORTUfSiTTV eMPUOYER A Thomas Wuhst , PA CuMTiS A PCAASON PA JAMCS 0 Lapson . pa Thomas ^ unocpwooo . pa . C pai O M MCPTZ Rooch j ^euLOws LAW omcES WuRST, Pearson , Larson , Underwood & Mertz * HCkUOlMa •■OrCBSIOMAt. AASOOa TIOM* MOO riPST SANK place west MINNEAPOLIS. MINNESOTA 55A02 f • « <> 'V'CLCPHONK (Sid 33S a «00 <eu'l 33S 21 ^ April 6, 1989 I; ‘V' • Mr. Michael P. Gaffron Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Subdivision Pile No. 1326 Ronald D. Lauer/Wayzata Country Club r V •I o ] i X-3 Dear Mr. Gaffron; This office represents Ronald D. Lauer. This letter is in response to your recent request for information concerning the easement which runs from the proposed Ron Lauer subdivision easterly to the public road. Mr. Lauer has obtained a Title Insurance Commitment from the Title Insurance Company of Minnesota for the subject property. For your reference I enclose Endorsement #4 to Title Commitment No. H 596450 P. You will note that the legal description on Endorsement #4 includes an easement for road purposes over the northerly 16 1/2 feet of the property which abuts the proposed Lauer subdivision on the east. While I have not spoken to the people at the Title Insurance Company specifically regarding this matter, it is my understanding that the company's decision to insure the easement is based uoon document number 3003392 which is on file with the Hennepin County Recorder. For your reference I enclose a photocopy of that document. Very truly yours, WURST, PEARSON, LARSON, UNDERWOOD & MERTZ _ _ _ _ ___ (j-,^ 'hi Craig M. Mertz J CMM:lkg Enclosure cc: Mr. Ronald D. Lauer 1 ^ 6 lOHN p ■noN MSTTN A. wnta m JOHN M. fAAJAM MCMAIIO It HAMStN (■bom •. rtomoM hoBOir a «mn Booorr p vuoi otTM A uiarr •OUST I. wHmocs lUYMOWO At. LAUa THOMAi R UNO lOKM K nOUT UMl U tAlliJl WniiAM I IBM* a MumiAM n«i»iw wAmm L Auat lOMM U POMBI CMABUB P. OOHm QUiMTIM r. fONMWI ibtOim M. MSAIMT |AMI R. HMLUB ■ L-l—T N. UU tioo. It—(____ l■illi■r■ t. PBCN m>MB« W OA^TOW |OHM A. M10MUS AMCMAlt A. fTWH <<(11. A. WltCA«T •V1LUAM ). MOOV tOKN M. AtlMU THOMAS S- PRASSa lOMH A. GRIAAfTAO OUC S AHOdlSOtt DAV10 R. SU9CM DAVTO C. ORORUO KONRAO {. PRaORMANN LARRY HBG JOHN I aWART JONH 0. Roar RATWJBi A. MUONn JOHN M. ROMRCt TH0A4AS R. WtLHlUtY PAUL L LAHORY omt a. harroon no L MOU PAtnOR A. RRmtON mcnam. a, Twmpo UMOA C. JCHWARTT URM R PLATT bAPiD p Ruitoa PAT« (HOWIRS ■CIURO A. ROM FREDRIKSON & BYRON A PROFESSIO.NAL association 1 100 INTERNATIONAL CENTRE 900 SECOND AVENUE SOUTH MINNE.APOUS, MINNESOTA 55402 3397 TELEX 290S69 FREDRIKSON MW telecopier (6121 347 ror? TELEPHONE i6121 347 7000 WRITER S DIRECT DIAL ORROORT P RAtlKM utARON R. nuns RORRRT R. RANtM HAL R MOROAH MARY i. RANLM LARRY 0 NAUU CUHTW I CVTtIR RAHDY R. PVANJ WPVA I iAHOtRS MARY P RAUMAN IMtlLAM I. POLTY RORSRr C. iOUVlRT JR- SAtON C ROOT iahora yaroir rodrau MARY I. TTRAKD LYNN M. OAROIN JOHN P WURM RICHARD 0 YWRiAN OANtn. I MAIRTtNS MJIAM HAROALAH-COHKUH NANCY I ONRRA RONOA P RAYtR RRAOUY P L lYVIRSOX ITtVtN N UCR ANN M LAOO NAN^T D MM MARY ANNt COUOVYC JON C NUCXLU JOAN I KLtIN CATHSRlNt A. RUOtNICK ORSOORY G. PRSfTAO DAVID R. MARSMAU BOBSHT I JTtYVART P CMFT TAYLOR CTKTHiA 0 snucdR PRANCtJ P MALM TODD A. WONO JAY L. RIM kROT (. CARLSON JAY M QUAM WtUS I WRIGHT iltll IPRSI (612) 347-7073 April 6, 1989 OP COUNIRL HAROLD M. PRRORIMON IARL P COLRORM rarl p onaonRm HAND DELIVERED Mr, Michael Gaffron Assistant Planning and Zoning Administrator City of Orono P.O. BCac 66 1335 South Brown Road Crystal Bay, MN 55323 Re:Application for Subdivision by Ron Lauer and the Wayzata Country Club Dear Mr. Gaf. on: As requested by Charles F. Diessner, enclosed is a copy of the following: A.Title Commitment No. H 596450 F issued by Title Insurance Company of Minnesota together with endorsements thereto Numbered 1 through 1, inclusive; B.Trustee’s Deed dated April 2, 1956, filed April 26, 1956, in the office of the Hennepin County Recorder in Book 2085 of Deeds, page 352, as Document No. 3003391; C.Quit Claim Deed dated April 25, 1956, filed April 26, 1956, in the office of the Hennepin County Recorder in Book 2085 of Deeds, page 356, as Document No. 3003392; D.Easement Agreement dated August 8, 1956, filed September 12, 1956, in the office of the Hennepin Courty Recorder in Book 2103 of Deeds, page 252, as Documeiit •' 3028744; and E.Warrant ! dated December 4, 1985, filed Decembe ., 1985, in the office of the Hennepin County Recorder as Document No. 5061350. FREDRIKSON & BYRON A PROPtSSJONA; ASSOCUT10N Mr. Michael Gaffron Page 2 April 6, 1989 This will confirm that the enclosed documentation fulfills Special Condition No. 3 in the Notice of Planning Commission Action dated March 27, 1989. comments, please call me. If you have any questions or Very truly yours. znn Hagen Maloiu Legal Assistant JHM/wsc Enclosures cc: John Downey, Wayzata Country Club Charles F. Diessner Leopold A. Hauser, III 475 North Ferndale Road Wayzata, MN 55391 473-1173 —. To; Oroao Planning Commission 1275 Brown Road So. Orono, Minnesota March 18. 1989 iAr-.-;. 1 X'5 Dear Planning Commission Members Unfortunately. I had been scheduled for a speech in Kansas several months ago and therefore will be unable to personally attend your March 20th meeting, which is of great importance to me. However, via this letter, I would like to share with you my concerns and opposition to the proposed subdivision, which you will be considering in Action Item #1326. 1. When buying ray property in 1972 from the Bowman family, original owners of the Wayzata Country Club property, I was assured that I would be bordering the golf course with it's view, etc. and therefore positioned my home close to the west line to take full advantage of same. This proposed subdivision would totally reduce my privacy and cars would be going right by my swimming pool. 2.As my wife, Helen, and I have arrived at the empty-nest stage in our lives, we have been considering building a small home on the 2 acres south of our present homesite within our current acreage. Therefore any change of bordering the WCC and possible water problems from such a proposed subdivision endangers the build- ability and future value of that area. 3, The proposed house site, driveway and circle being so close to my west lot line will push run-off/drainage onto my property. 4. The current rough terrain and natural coverage facilitates slow melting/run-off, which with the proposed house, driveway, circle, sewage mounds and any amount of landscaping would be lost and promote fast fast melting/run-off/flooding that would push loads of water all at once onto my property and down into Chevy Chase. Thank you in advance for reading and considering the above during item #1326. If you each knew this area in the spring time as well as my neighbors and I do, you would indeed be sharing the same concerns and opposition as we are to this proposal Gratefully, AJULJ..Q\^ Bagzata '"Ol/NTRY CV'J* March 15. 1989 c:- i /i.' «-/- * ■> VAr. Orono Planning, Commission City of Orono P.O. Box 66 Crystal Bay, MN 55323 RE: Mr. Ron Lauer Zoning File No. 1326 Dear Commissioners. As per your request of October 21. 1988, this letter is to authorize Mr. Ron Lauer to represent the Wayzata Country Club in the subdivision of land -----your Zoning File //1326. Please be assured that the Club is a willing party to this application. If you have any question." ‘n regara to this matter, please contact me at 47 3-884^. Sincerely yours, jJhn A. Downey General Manager TRY O'.' A' c. March 22, 1989 Mr. Michael P. Gaffron Orono Planoing Commission City of Orono P.O. Box 66 Crystal Bay, MN 55323 RE? Mr. Ron Lauer Zoning File No. 1326 Dear Mr. Gaffron, As per your request of October 21, 1988, this letter is to authorize Mr. Ron Lauer to represent the Wayzata Country Club in the subdivision of land-----your Zoning File //1326. Please be assured that the Club is a willing party to this application. It is my understanding that this subdivision will come before the Planning Commission at their April 17th meecing. A me-uber representing the Club will be at this meeting to answer any questions the Commission may have in regard to this matter. If you have any questions ir^ regard to this matter, please contact me at 473-8846. Sincerely yours. John A. Downey\ General Manager! 8CHOELL & MA080N, INC. ENGINEERS • SURVEYORS • PLANNERS SOIL TESTING 10SB0 WAYZATA BOULEVAPtO • MINJNETONKA. MN SS3A3-04ea (eiaq s^tboi • fax (bis) S4e-eoss February 22, 1989 Mr. Mike Gaffron, City Planner City of Orono P.O. Box 66 Crystal Bay, HN 55323 r ^ Subject:Lauer Hom^-, Inc. Site Adjacent to the Wayzata Country Club Dear Mr. Gaffron: Enclosed for your review and comment are the calculations and recommendations for storm water management on the subject site. Using Information gathered from a site visit, and my telephone conversation with you, we are recommending that a retention ar«a be provided on the site. This basin would retain the additional storm water runoff from construction of a new home and entrance drive. General Design Criteria A. Soil conservation service curve number methods were used to calculate runoff volumes from a 100 year, 24 hour, 5.9 Inch rainfall event. B. Existing and proposed site runoff volumes were calculated. The difference between them Indicates the recommended storage. C. Storage required: 3,000 cubic feet. D. The basin would be drained by percolation Into the ground. E. During extremely Intense storms, the basin will fill to capacity and overflow can be expected. The overflow would represent the existing runoff that now leaves the site. The runoff from the hard surface areas would remain In the basin. F. Minimize construction disturbance to existing site. AFFJRMATtVe ACTON • EQUAL OPPORTUNTTV EIS/IPLOYeR 8CHOELL. & MAD80N. INC. Mr. Mike Gaffron -2-February 22, 1989 Ron Lauer of Lauer Homes has directed Schoell & Madson to conduct a detailed topography survey of an area within the site for the new basin. The area chosen Is a "low" area and construction of a basin would have a minimum impact on the natural "setting". After the survey Is completed, we will design a basin and submit the plan to you. It Is our opinion that the recommended basin addresses your drainage concerns and those of the neighbors. It Is also my opinion that even withou- a basin, the Impact of the proposed house and entrance drive would have a very minimal effect on the downstream low areas and swamps. If you have any questions or comments, please feel free to give me a call. Very truly yours, SCHOELL 4 MADSON, INC? I • Jy • > » John Karwacki, P E. JRK/cj end. cc; Mr. Ron Lauer, Lauer Homes, Inc. ref: Proposal 1326 Ronald Lauer Octoot- 07, 1988 Mr. Chuck Kelly 2720 White Oak Circle Long Lake, Mn. 55356 ocri2i^ i' _ _ _ _ _ _ _ _ _ _ Although I was in attendance at your last scheduled meeting on this subject, I will be unable to attend -he October 17 Planning Commission meeting at wich you are ogain scheduled to discuss this proposed subdivision. This letter I trust will serve in my absence. My home is located on Chevy Chase Drive and is described as lot 20, Hill-O-Way Manor, the northern border of which is common to a portion of Mr. Lauer's southern property line. I am concerned principally about drainage, both above ground and below, and the impact that the proposed subdivision and development of this property will have on water flowing in our direction. At present ground water from both the pro­ posed subdivision, and that portion of the golf course in general, flows to the south into the northern portion of my property and that of my neighbor to the west. It then moves east collecting in a low area of tall grass on my property before turning south again forming a stream which flows between my property and my neighbor to the east. Ultimately the water crosses my neighbors front yard near the street and ends up in a neighborhood pond. Though I do not and would not want to mow to the northern edge of my property, to the extent that I do mow what is my back yard, I am prevented by saturated soil from mowing as far back as I normally would until well into mowing season each spring. Additionally, owing to water problems in our basement which have developed in just the past two years, we have taken the rather dramatic step of actually cementing up what had been a door to the outside from our basement. What was a walkout when we moved in, is no longer because the changing drainage and water table patterns in our particular area would no longer permit it to reasonably exist. The subdivision and subsequent development of this property involving grade and contour changes we are certain would increase the rate and amount of water flowing in our direct­ ion increasing our problem and those of our neighbors. With­ out significant rerouting or reshaping of grades in this area, ie: significant expense to us, we do -ot think that those of us on Chevy Chase can handle any more runoff than that which we are now managing to live with. page two I served on the Wayzata Planning Commission in the mid seventys and walked many '!sites" as I am sure you have as well. The difficult part of your community service is remembering what you saw and understanding what you saw as you look at the drawings on the piece of paper. Our hope is that as you consider the proposal on the plat maps before the commission that you will picture the elevations that you saw in your walk and consider what changing those will do to those of us "downstream" Thanks for serving on the Planning Commission and for your consideration in this matter. Sinc&rely yours. iimmons •-J m Hakanson Anderson Assoc, Inc i Engineers, Surveyors Landscape Architects August 2, 1988 EXHlpiT I'l Lauer Homes Attn: Ron Lauer 1212 E. Wayzata Blvd. Wayzata, MN 55391 Dear Ron: AM At your request, a site evaluation to determine soil suitability for on-site sewage treatment was performed at part of the Southeast 1/4 of the Northeast 1/4 of Section 36, Township 118, Range 23 in Hennepin County, Minnesota. Standard methods of percolation testing were employed. Elevations are relative to an assumed elevation of 100.0 based at the top of a nail at ground level on the east property line (see enclosed sketch). This report includes: 1. 2. 3. 4 . 5. Soil boring logs * Percolation test results Testhole location and septic system configuration sketch Septic system design specifications Discussion and recommendations. The soil boring logs show that sandy loam surface soils oveilie sandy loam to sandy clay loam subsurface soil horizons. Soil mottling begins at 2.7 to 3.0 tS9t depth at the boreholes. Soil mottles (spots of contrasting coIPbr) are accepted indicators of periodic saturation in soils. Ground water was not encountered. Percolation test results are a^ follows: Hole Elevation Depth (inches) Soil Texture at Bottom of Hole Percolation Rate (min/in) P-1 104.3 18 Sandy loam 12 P-2 103.9 12 Sandy loam 16 P-3 103.0 12 Sandy ■.• iiro 26 F-4 101.8 24 Sandy loam 19 P-5 100.9 12 Sandy loam 26 P-6 100.0 24 222 Monre Anoka. MInnestvta 55303 612/427-5860 Sandy loam 24 Eugene |. Hakanson. PE. James M. Winter. LS. Lawrence G Koshak. PE. Peter R. Raatikka, PE. Ron Lauer August 2, 1988 Page Two The measured percolation rates are consistent with the texture of the soil materials in which the percolation tests were run. The City of Orono requires at least three feet elevation difference between the bottom of the filter rock of a septic system and ground water or indication of periodic soil saturation such as soil mottling. To meet this requirement, a mound septic system recommended at this site. The mound is designed to serve a four bedroom house. Design -ge flow is 600 gallons per day. With a design infiltration rate of 1.2 gallons effluent per square foot per day for the medium sand fill material of the mound, the required rock bed area of the mound is 500 square feet. 600 gal/day t 1.2 gal/ft^/day * 500 ft^ A rock bed 10.0 feet wide by 50.0 feet long provides the needed area. A minimum of one foot (1.0') of medium sand should be constructed below the rock bed. The pressure distribution syst f the mound consists of Schedule 40 PVC plastic pipe. The suppxj ipe should slope back towards the pumping chamber so that it drains after the mound is dosed. The laterals are 1.5 inch inside diameter pipes. The laterals should have 1/4 inch diameter holes drilled at a spacing of J.O feet. The laterals should be assembled to the manifold so that the holes point downwards into the rock bed. The distal ends of the laterals should be drilled horizontally in the end cap near the crown of the pipe to facilitate air venting. A submersible effluent pump capable of delivering at least 37.5 gallons per minute against a tctal dynamic head of at least 14.1 feet should be selected. Headlosses are calculated as follows: 1. Vertical headless of 8.0 ^eet between pump discharge (approx, elev. 98.0) and manifold (approx, elev. 103.8) 2. Friction loss of 0.9 feet in 40 feet of supply pipe (2.3 feet per 100 feet 2.0 inch inch I.D. plastic pipe at 37.5 gpm flow), 3. Friction loss of 0.2 feet in pipe fittings equal to 25 percent of friction loss in supply pipe, 4. Five feet (5.0') to account for losses in distribution network. Hr. Ron Lauer August 2, 1988 Page Three If as-built elevations are different from those above, headloss should be recalculated to ensure proper pump selection. The pump should be rigged with mercury float switches to dose about 150 gallons of effluent to the mound. An additional mercury float switch should be installed on a separate c'.rcuit to an alarm device to warn of pump failure. The mercury switches should he rigged to allow 600 gallons reserve capacity in the pumping chamber. All electrical connections should be watertight. The two septic tanks should have at least 1000 gallons capacity each. The pumping chamber should have at least 1250 gallons capacity. ^ It is recommended that a water meter be installed to monitor water use. The meter should be hooked to the water system such that exterior sillcocks are excluded. The water meter should be read periodically to ensure that the design capacity of the septic system is not exceeded. ^ It is highly recommended that the installer of this septic system holds an Individual Sewage Treatment Systems Certificate for installation issued by the Minnesota Pollution Control Agency, The sole pu^ose of soils data contained herein is evaluation of soil suitability for on-site absorption of septic tank effluent at the test site. Although soil texture and horizonation information and groundwater elevation data may be helpful for the setting of basement elevations at this site, we cannot warrant any such inter­ pretations or use of this data for other purposes. If you have any questions about information contained in this report, please feel free to contact me. Sincerely, KAKANSON ANDERSON ASSOCIATES, INC. Gary J.^athbun, /ckl Enclosures File: 1828.01 Soil Scientist .-i* 13 J- s: CITY OF ORORO - SUBDIVISIOH APPLICATION —’ PROPERTY LOCATION \ Site Address Wayzata Country Club_ _ _ _ -^;0 Property Identification Number (P.I.D.) _ _ _ Please check one - Property _^ abstract or Attach legal description to application. rorrens? A tfriiLC L.J** wi ^ jZviaL’L’OOO 01 :sc. n 2C-C ,'vfJ£IP7-?>4.VA :Ci! CCOl .Vi 03/1 . APPLICANT Phone (home) '541-4949 N2une Ronald D. Lauer Phone (work) 473-0314 Address: 80 Gideons Pt. Rd.City: Tonka Bav Zip: 55331 OWNER (if different than applicant)Phone (home} Neune Phone (work) Address:City:Zip: (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Develooment Size Acres Dry Land \cres Wet Land Acres Totals all parcels Present Use (check)Residential; no.of units Other (specify) Present Zonina District PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites: Proposed Gross Density: Minimum Lot Size: Proposed Use: (check) Existing Units New Units Total Units Units per _ _ 2 Sq Feet Dry Bui.. Residential Other (. cify) Land NXHUCOM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Completed Application Form Preliminary P3it information on Certificate of Survey. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Stamped, legal sized envelopes (#lu) pre-addressed to each of the names on the above list with no return address (use address labels 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. 2. 3. 4. 5. Certification by Zoning Department that Prelimin.^ry Plat Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _^_ Date' ~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 anu Letter or Credit. Certification by Zoning Department that Final Plat Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _- Date_ _ _ _ _ _ _ __ PEES _ _ _ Sketch Plan Review (Class I, II & III) _ _ _ Preliminary Review (Class I & II Subdivision) _ _ _ Preliminary Review (Class III and all non-residential) _ _ _ Final Plat Review (Class III) - - - ♦(Plus any legal or engineering charges) - The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Plamning Commission and Council necessary to process this application and further agrees to pay all ad^i^ional fees established by ordinance. $150.00 250.00 300.00 + 20.00/Lot 150.00* Applicant's Signature Date e-//~ rs: 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. I'/? ■^■-■>Tr-' 1 '5^ : i »4^ »»«•.’ V «.. t «.■/>; : w*» w«*J \ 5 W^ V1 t w *- ,./Xfe ^ i!.0 \ ■VSCCi! »» ^y<.i*!g»;E~ ____L a> ^ »t'i»JL' ^ AM o «• 3 . /» n/ -J Cfw -fit- V \' McCOMBS-KNUTSON ASSOCIATES, INC. CONSUinwC ENGINIIRS ■ LANO SURVIVORS ■ SITC RLARRCRS January 6, 1977 Nr. Hank Muhich City of Orono P.O. Box 66 Crystal Bay, MN 55323 Subject: Fairway View Subdivision Dear Hank: At your request, we have reviewed the subject subdivision. Our review included a site visit on January 6, 1977. Based on our review, there are no major problems with the proposal as submitted. As such, we recommend approval. Ho». iver, we wish to mention the following points: 1.The first stretch of Outlot A, that portion abuttin. the north property line, only includes a 30 foot easement for roadway access. Since access to the property on the north will be through the same roadway leading to the proposed subdivision, we would anticipate that an additional roadway easement will be obtained when that property is developed. Therefore, the 30 foot easement should pose no problems. 2.We believe that the proposal will not result in any drainage problems. Further, there is a need for drainage easements. 3.Grading alterations, accordinc to the developer, are expected to be rather minor. Perhaps the most noticeable will be the clearing and grading associated with construction of the access roadway. 4. Acreages for the various lots are described in the attached correspondence from the developer's surveyor If you should )i'**^e any questions, please advise Very truly yours. McCDMBS-KNUTSON ASSOCIATES, INC, JfTi 7 VILLAGE ■(...Greg F^ank, P.E. I7>K» OLSON MCMOMIAL Mir.MWAy. MINNEAPOLIS. MINNtSOVA 00441 rCLCPHONE (0171 059 3/00 72 north MAIN STRrrT HUTCHINSON. MINNESOTA 00300 TELEPMONF 10171 R9/R079 SOUTHWEST CNC.INEERlNC. OlViSION. MARSHALL. MINNESOTA 0079R TELEPHONE I0OT1 037 SATO •- V i. JU , --f - Mayor Grabek & Orono Council Members City Administrator Bernhardson COUNCIL JUN 181989 cmroFONONo o Proas Michael P. Gaffron, Asst Planning & Zoning Administrator Dates June ^ 1989 Subject: #1391 Terry Sadler, 1396 Baldur Park Road - Variance/Conditional Use Permit - Resolution Soiling District - LR-IC Application - Request for variance and conditional use permit to construct retaining walls and place fill partially within 0- 75* lakeshore setback. List of Exhibits Exhibit A - Proposed Resolution Exhibit B - Planning Commission Action Notice of 5/16/89 Exhibit C - Memo 6 Exhibits of 4/13/89 Discussion - Please review the memo and exhibits of April 13, 198S. The applicant's lakeshore yard drops steeply to the side lot line, making the yard area difficult to maintain and limiting its usefulness. The applicant wishes to construct a length of retaining wall along the side lot line, and fill behind it to create a more level yard area. The proposal calls for a retaining wall to extend from near the house up to a point 40* from the shoreline, the wall being approximately 95* in length and the portion of it more than 2* high being approximately 25* long. Approximately 60-80 cubic yards of fill would be placed behind the wall. City Engineer Glenn Cook reviewed the site and the proposal, and felt that approval of the wall as proposed would be somewhat Inconsistent with past City practice regarding changes to grade within the 75* setback zone. Glenn recommended that the wall be extended to a point 80* from the lakeshore at full height, and then tapered to the ground in the next 10*, to a point 70* from the shoreline. This would reduce by approximately 1/3 the total eunount of fill to be brought in. The applicant feels that Glenn's recommended plan will not accomplish applicant's goals, but will merely move the steep, non-maintainable slope further out from his house. Glenn also suggested that it would be appropriate for the adjacent neighbor to place a few inches of fill near his house to provide a positive grade away from his house to the lake. Sadler feels that construction of the wall per Glenn's recommendation will also not help to alleviate run-off from Sadler's property to that of his neighbor. Zoning File #1391 June 6, 1989 Page 2 of 2 Planning Commission at their meeting of May 15th voted 6-0 to recommend approval subject to the recommendations of the City Engineer. Planning Commission felt that the wall as modified by the City Engineer wuuld not be visually obstrusive, and that the magnitude of grade change proposed was minimal and necessary to provide for safe maintenance of the property. Planning Commission did not condition approval on any specific screening requirements. Staff would note that with the wall up against the lot line, any screening of the wall would have to occur on the neighbor's property. With Glenn's recommendation, the wall ends very near the neighbor's deck, and vegetative screening would not be necessary. Staff Rerr—enilation - Although applicant has stated he feels the Engineer's proposal does not accomplish applicant's objectives, staff would recommend approval per the Engineer's recommendation as providing the least disruption near the shoreline. However, if Council feels applicant's proposal has merit, Council should consider whether screening is necessary for the lengthened wall, and if so whether the wall should be moved back into the property in order to allow room for shrubs to be planted on the low side. A resolution reflecting the Planning Commission and Engineer's recommendation is attached for Council review. Staff would further recommend that Council visit this site to get a first-hand look at the situation. A RBSOLDTIOif GR^JITIIiG A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 & 2 AND SECTION 10.55, SUBDIVISION 8, AND GRANTING A CONDITIONAL USB PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE #1391 WHEREAS, Terry Sadler (hereinafter "the applicant") is the owner of the property located at 1396 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 16, Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); a.id WHEREAS, the applicant has made application to the City of Orono to permit construction of a retaining wall and placement of fill within the 0-75* lakeshore setback zone, requiring a variance to Municipal Zoning Code Sectj.ons 10.22 Subdivision 1 and 2 and 10.55, Subdivision 8, and a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1391. 2. The property is located in the ,LR-1C Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 15, 1989 and recommended approval of the proposed variances and conditional use permit, per the recommendations of the City Engineer, based on the following findings: A) The applicant's proposal included a retaining wall constructed along the lot line to a point as close as 40* to the shoreline, with fill being placed as close as 35* from the shoreline. The City Engineer recommended that the wall be no closer than 70* from the shoreline with fill no closer than approximately 45* to the shoreline. Page 1 of 5 B) The Planning Commission finds that the City Engineer's recommended modifications to the proposal provide a plan that is more consistent with past City practice regarding fill in lakeshore areas, while still providing applicant with the ability to improve his property by increasing its maintainability and usefulness. C) The Planning Commission finds that the retaining wall as originally proposed by applicant is not strictly necessary to accomplish the applicant's objectives. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties* would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council finds that granting a conditional use permit to allow the retaining wall and fill 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. COHCLOSIONS, ORDER AMD 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 and 2 and Section 10.55, Subdivision 8, and grants a conditional use permit per Section 10.03, Subdivision 19, to permit the construction of a retaining wall and placement of fill within the 0-75' lakeshore setback zone where no such walls or fill are normally allowed, subject to the following conditions: Page 2 of 5 1. The retaining wall shall extend no closer than 70' from the shoreline» per the recommendations of the City Engineer. 2. Fill to be placed on the property shall extend no closer than 40' from the shoreline. 3. Applicant shall generally adhere to the grading and retaining wall plan attached hereto as Exhibit A. 4. Only clean fill as defined in the Zoning Code shall be placed on the property. 5. Suitable erosion controls shall be maintained in place during the grading and filling process. The disturbed yard area shall be seeded or sodded immediately after grading is completed. 6. 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 land alteration permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (June 12, 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 terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. 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 Adopted by the Orono City Council on this 12th day of Juner 1989. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) STATE OP MINNESOTA ^ ) COUNTY OF HENNEPIN ) 3S. The foregoing instrximent was rknowledged before me on this 12th day of June, 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 Ciwy. Notary Public My Commission Expires Page 4 of 5 CITY OP ORONO P.O. Sox 66 Crystal MN TO: 3idler laldur Park Road Wayzata, MN 55391 ZONING PILE NO. 1391 NOTICE OP PLANNING COMMISSION ACTION 55323 473-7357 Date of Notice: 5/16/89 COPIES TO: TYPE OF APPLICATION: Variance/Conditional Use Permit DATE OF MEETING: 5/15/89 Vory; 6 For 0 Against Planning Commission recommeitis the follotring: Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: Planning Commission recommended approval per th• .commendations of the City Engineer (copy attached). Applicant's next scheduled meeting is confirmed as: City Council Monday, Jun« 12, 1989; meeting starts at 7:00 p.m. If you wish to submit additional information for Council review, please submit it by Tuesday, June 6, 1989 for inclusion in the Council packet. 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. //. To: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Proa: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: April 13, 1989 Subject: #1391 Terry Sadler, 1396 Baldur Park Road - Conditional Use Permit - Public Hearing Zoning District - LR-IC, Single family, unsewered Application - Request for variance and conditional use permit to construe retaining walls in 0-75' lakeshore setback. List of Exhibits Exhibit A Exhibit B Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit exhibit n C D E F G H I T- Pertinent Code - Application - Plat Map - Property Owners List - Applicant's Letter of Request - Survey - Side View (note scale) and Staff Sketch (note scale) - Construction Diagram - Hardcover Calculation b> Applicant - Documentation From 1981 & 1984 Drainage Discussions Sections - Section 10.55, Subdivisions 8 & 10 (a portion of this retaining wal is in the area below elevation 931.5, within the "flood fringe") Section 10.22, Subdivision 2 (hardcover in 0-75' zone) Pertinent Facts - 1. Applicant proposes to construct a retaining wall ranging from 6" t 60" in height along his easterly lot line. The wall is intended to b approximately 95' in length. The portion of wall exceed ig 2’ i height will be approximately 25' in length. The wall will be jus inside the lot line. 2. The applicant's house was constructed in 1984 after being granted !<• area and width variances. One of the concerns with that applicatlc was giving attention to drainage and grading on the east side of th property to protect the neighboring residence. When applicant buil the house, it was apparently suggested by staff that a retaining wal might be appropriate since the main portion of the house drainage wa naturally directed towards the neighbors deck area. The solutio reached at that time was a swale about 10' in from the lot line at th crest of the slope, keeping most of the run-off on applicant' property but posing problems for mowing and maintenance of the law due to the steep bank. Zoning File #1391 April 13, 1989 Page 2 of 3 3. It is clear that low elevations on the neighbors' property cause him potential basement water problems due to run-off from applicant's property. The neighbors entire lakeshore yard appears to be between elevation 930 and 931, very near lake level. Construction of the retaining wall as proposed, along with a swale just in from applicant's lot line at the top of the wall, will help direct drainage away from the neighboring property. In order to accomplish this, a portion of th retaining wall will have to be located in the 0-75' zori6 • 4. City Engineer Glenn Cook has reviewed the site with the applicant and suggests that the wall be shortened up somewhat from applicant's proposal. The applicant feels that shortening it to the extent suggested by the Engineer may not solve the maintenance problems associated with mowing such a steep dropoff. Discosslon - As part of construction of this residence in 1984, applicant did some necessary grading in the 0-75' zone to protect neighboring property from drainage problems, however that grading was not completely effective in keeping drainage off the neighbors' property, and resulted in a steep bank applicant has a problem mowing. Th© issue in this case is whether the City will allow structure and fill in the 0-75' lakeshore setback zone. The Engineer feels that the area where the -^all is proposed at 3' to 5' in height can be moved back to approximately the setback of the neighbors' deck, to help reduce the visual impact of the wall. This will leave a somewhat angled slope rather than the uniform slope from side to side that the applicant hopes to obtain. The other concern visually, is that if the wall is just inside the lot line as proposed, it cannot be adequately screened by the applicant since any bushes he would plant would be on the neighbors' property. Also, where the retaining wall exceeds 30" above the lower grade, there is the concern that some type of shrubbery should be planted as a barrier to keep people from walking off the edge. Applicant notes in his letter of request that with the wall in place he will then be able to plant trees along the lot line without blocking his view. As the grades currently run, he could not expect trees to grow on the slope that exists, and would have to place them from 5 to 15' int%- the lot at the crest of the existing slope. ^ Applicant will not be at the meeting due to business conflicts, but requests your review of the application since he is attempting to coordinate obtaining fill from the Berrys, who are going to be constructing a new residence directly west of the applicant this spring. Holding the application back for a month may eliminate his opportunity to obtain excess fill from the Berry project. Zoning File #1391 April 13, 1989 Page 3 of 3 Staff Re idation - The Planning Commxssion is requested to address the following issues: 1. Is the retaining wall acceptable in the 0-75* zone? 2. Should the retaining wall be placed back far enough from the lo* line that it can be screened by vegetation, or will it be visual 1: unobtrusive so that such screening is not necessary, given that it ii perpendicular to the shoreline? 3. Based on the drainage concerns involved, can Planning Commissior justify differentiating this fill and wall from past 0-75* zont grading applications, (many of which have been turned down)? Isn’t this situation substantially different than the requests to cut down £ yard and build walls to create a walkout situation? m Bonestroo Rosene Anderlik & Associates Engineers A Architects One G acrifUroo “f toben a »»E wwfi C ^nOffh* P£ Bradib'd A L^»nc«fij »E E Tur^'W I 9 Cook Of rhomaj E Nov« *’E aoopft G Wfnxwtr; »f Marw !. Vwau ^E Urtb A Go*Oor OE Ibcrufd a <=o«ef PE Oonna c Bu'qaiOl PE JP»<% A aouiooo PE A Maovj" PE r«l K Fifto Pf Mcriapt ' Paucmanri PE SnopfT 9 PVf^pnp PE DavH} O LO%»ma PE rhomai w Pmnon pe Vtenae' C PE R MaUnd PE <CpmW> P Arvjrfvio PE kev' A Bat'^mann p E Mant « Riwh PE *»f*1 C Rum« a I A Thomas £ Anqu\ P£ ■-ATwanj A Wnooi PE Oan*t j fjtftmyy og Mart A seiD PE Phasp j CassA*# PE Mart o \AaM<\ p£ ’■►'Omas R Andmon A Gary E RsAandet PE Chanps A E'lCASon cco M PatM«isJiv Hanan M Ohon knar M EbPrtrs C PA April 13. 1989 City of Orono Box 66 Crystal Bay. MN 55323 Attn: Mr. Mike Gaffron Re: File No. 139-1391 Terry Sadler Dear Mike. We have reviewed the Terry Sadler application at 1396 Baldur Park. The application is for the construction of a retaining wall and placement of fill. A portion of the construction is proposed in the 0-25 foot lakeshore area. We would recommend that the retaining wall be extended to a point 80' from the lake shore at full height and then tapered to the ground in the next 10 feet. The filling should be allowed to match the wall with some grading in the 0-75 foot area to improve the yard area. The property owner should be required to place silt fence and sod the area immediately after the grading is completed. The filling will reduce the rate of runoff slightly with no change in the water quality running to the lake. If you have any questions, please contact this office. Yours very truly. BONESTROO. ROSENE. ANDERLIK & ASSOCIATES. INC. Glenn R. Cook GRC:li 2335 West Highway 36 • St. Paul, Minnesota 55113 • 6T2-636-4600 ZONING PILE NO. 1391 CITY OP ORONO NOTICE OP PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 4/18/89 TO: Terry Sadler 1396 Baldur Park Road Wayzata, MN 55391 COPIES TO: TYPE OF APPLICATION: Variance/Conditional Use Permit DATE OF MEETING: 4/17/89 VOTE: 6 For 0 Against Planning Cofladasion recomends the following: Tabled for reasons noted below NOTES AND SPECIAL CONDITIONS: Despite your request for review in your absence. Planning Commission members who had visited the prop-».rty had specific questions regarding the project and felt it was necessary that you be present. Applicant’s next scheduled meeting is confirmed as: Planning Commission Monday, May 15, 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. CITY OF ORONO - GENERAL j PROPERTY LOCATION i! W Site Address Pj^4Zid /2,r . Propervy Identification Number (P.I.D.) UT /4 Pr/a/3 Please check one - Property abstract or (for Conditional Use Applications only) torrensZ Please attach legal description to application if not included on required survey. APPLICANT Phone (home) H 7^ ”76^ 3 Name Phone (work) Address lYfC fiAU\y:i^ pA2lt City Li'Ay zaTa zipKiV^»i*» OWNER (if different than applicant)Phone (home) Name Phone Address City Zip Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL OSE PERMITS - Renewal Fee - 1/2 Current Fee -the-Fact Fee - 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 ^^200^^^)Land Alteration Grading and filling - designated wetland or floodplain ____ Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS _ _ _ _ $150.00 Commercial Site Plan Review (+ consultant fees) _ _ _ _ $250.00 Vacation _____ $150.00 Easement Vacation ______ $ 50.00 Easement Vacation With Subdivision _______ $250.00 Rezoning _ _ _ _ $100.00 Appeals _ _ _ _ Other - see fee schedule PRESENT USE OF PROPERTY Present Zoning District Present Use of Property _ _ Residential Other (specify)_ DBSCRIPWOHbOFrEBQTO detail: Cc U\rLL<J ------— RBQUIRBD SUBNITTRLS 1. Completed Application Form 2. 3. 4. 5. 6. 7. 8. ratif ied List of owners within 350' (^ou can obtain this list f^oTHe/neprn /ounty Department of Finance A-603 Government iJS^pedriegil^’ sized envelopes (#10) pre-addressed to each of the names on the above list with no return address. Topo^graph\c^surVe^^ and proposed contours) if land alterations involve changes in elevation (grades). Construction plan, if applicable (see staff for requirements). As^an^addendum to this application, please attach a separate list of any other persons you wish notified of this application^_______________ not been included. _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _-—— CertIficItlorbrzonInrDepartoent that Land Use Application is complete. Zoning Officials Signature _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _-~rm knowledge. Applicant's signature /> /Y)\_A'V'iL Date Date /'• ? / 0.^ISr'? investigation and verification of this request. Owner's signature ~yT-YV-^ _________^ _____________ ADoIIcInVmust'hlvVall submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Itffi Mond^of each month. Applicants must be P'f review meetings of the Planning Commission and Council. If an applicant iunable Lo attend a scheduled meeting, please make arrangements to «ave an authorized agent attend in your place,and advise the Building & zoning jOffice of this change prior to the meeting. l-AKE■M- in-as os M o «» ^ M o M CK >o ec O HC OK 0 5 lu ^2* 5§“ 1 _i «• <oa > aeI oe a ui ONCfl «2* w> o ae aac Ui A Q >ss 22“ UJ :ii x;l« a t- ae < Ui M N o O' > O »o < at ^ i M P z zo|5m O ^ -i -I a^3 -</) (S OB 0 < IH UJ U. Ui X <Nj a: «i o Ji ^g'^SS"^ a> o>s.sii-* ro ^ -i < O /) ^ -J o o ^ 0 5';;;::; M A < 5 > M at <K A < M Ui u. 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Sadler 1396 Baldur Park Road Wayzata, MN. 55391 Mike Gaffron Assistant Planning and Zoning Administrator Planning Committee Members First I would like to apologize for not being able to meet with you and explain better the request that I*m making. The nature of my work has kept me away from home since the first of the year. I would like to construct a retaining wall along my property line for the following reasons. First, the slope is steep making it difficult to maintain especially to mow. Second, the run off pools in my neighbors yard and by eliminating this slope will help him considerably. Third, this will improve the esthetics of my yard and also permit the addition of trees along the lot line without blocking my view. I understand your concern for the protection of the seventy five foot set back. However I believe that the gradual slope that this will create will be more conducive to the absorption of rain fall than the steep grade that now exist. I hope my reasoning is sound and look forward for your imput and approval. Thank you, CL y.C'IA/L'i Terris M. Sadler Lk you. >-5 - is ft11. Vo • •Sf^~T- --f r'-!* ---------- ------ - ^• --..»-.'';tr ■>-**■' JiJi.. v»->.‘‘‘ ' ir-^. ** 'i I ■ .1-. 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''■'. :'■ ■ J>V‘^r3r:r:':^,--v • “ -•—w W;W.-iffTp .. „^v ..jr. 52*= •WiiiSa —■■ ■;: ;•.-----—*^ct :nstJt2esai^ - *o>fi5y( ' -»f tVir- t==c5SSS^ , . t. ^ .■_ '<K w».,..- , Mp Vk«, • • • ^ .... •- • .*v. i._*' •_ J . : rci_ — '"7-'•• • v^\ ■* -V- .- V7 .. t'•' •.*-■. f ■ ' . » - • ............................................................. ■■ • •N, . ‘— r '* '* ! •-- •- x-^.-Ui • ; ■ ! !! ^ I I > X J' _* • *-••' ..:’A «r d -J § € .i. I I t i 1f 1 ■I ■ . i -..-. 1 ..1 i 1I 1 • * *• ■ ■* ■ •* ,r * '.j y- V, \r.. ■, . -»-v. . i l4 'O 6 << tr;;? ?:«.■. rjr.* i Q I- 02 2 1 r- a 0 to ^ 5 •o ! O I -1' Qi HARDCOVER CALCULATION HORKSHEEL—, SETBACK ZONE: (CIRCLE ONE) 0-7S' ^-25^ 250-500' 500-1000' Existine Hardcover in Zone A. Ho«i« E.Patio/Deck r.Lanoscare areas UNOERUIN BV , . PLASTIC SHEETING s. Other LENGTH B. Oarage c. D rivehay _ 0. SlOEMALK K' ■iZ. 31 \ IL MIDTH X X X______ X X x_£k X ^ _ UL . X X . X______ X _ . X __± X__± FjM nf^ . S.P. . S.P. S.F. S.F. S.F. S.F. S.F. S.F. 10 V S.F. __________ S.F. S.F. . S.F. S.F. S.F. S.F. S.F, S.F. Total Hardcover in Zone - s.p. (~a 1 Total Property Area in Zone - ^ ’ _ s.p. I BI [T] 361-/ »inn- JC.^; % HARDCOVER CALCULATION WOrvKSHEET SETBACK ZONE: (CIRCLE ONE) Existing Hardcover in Zone A. House B. Garage . c. Driveway D. wiOeWALK E. Patio/ Deck F.Landscape areas UNDERLAIN BY , . PLASTIC SHEETING G. Other LENGTH X X X X 7^50' |®^50^^0.Jfl|0'X o y 1 WIDTH Total Hardcover in Zone Total Property Area in Zone « S.F. . S.F. _ S.F. - S.F. _ S.F. . S.F. . S.F. . S.F. . S.F. . S.F. S.F. S.F. S.F. S.F. S.F. S.F. \C.,0 3 S.F. \L .0 3 S.F. (T1 >9^ _ S.F. T1 \T] I-i[i] 391^ X100 - /P. VA % GENERAL PERMIT CITY OF ORONO P.O.BOX M CRYSTAL BAY, MINNESOTA 55323 (612)473-7357 owiK-r *T^cc.v| _______ < on tractor _ _ __ City License No. _________________________ CITY PI KMIT NO. .. 741S Date Address Address £rl State License No. REMARKS AND SPECIAL CONDITIONS PERMIT T>'PI AND FI E; ^QNFW □ ADDITION □ REPAIR On Site Septic System Water Well Few S Water Me ter f Size I l-'ew S Meter g Remuie #Mechanical Equipment Fee S Municipal Water ('oniiection riCripper FI Fee S MovingyLifting Buildings Fee S Land Alteration (F.scavatiun. Grading. Filling, etc.) p. .. 1 t»a. Muna'fpal .Sewer ronneclion Fee S n Mvr- nr*..%i n Ofitor _1 wr % MWee SAC Oiarge Fee S A^te^lhc-^act Investigation F.»e S acknowlld (;lment TOTAL Tt<* h»fvbv arlinowtoean »f Uilt IlHilltd ptiwii. lAcIwdwit tctpunf «l ail ipaclal tnfoimauen. lamia. candlUaMa or labulfamania wiltiM abaaa. Tilt Mailtmawtil uMlrtaianila and a^tta iindtr dtnallt of taw UMi mia ptimii la lUlcUv Mmliad l« moet lo Hit woth. wiMtp at havtottwitol ^ttintd; tkat Hila »of«lt dan not pool Mp aoHiartdr la da watli or atdvtuaa BdoMni aadataia pnaui fdtataia; and diat iMa dtnall data nal •■m oaMMillt la tiatott mw ptatKoa al anp atp aMtaaatt at Slaw law. mlt at itdolaitaa. AU watk diad to «0M to aitoci famtotoina wito ad atp atdtoPKaa. todldtag aodaa awd/at feaoMi dapamwawi walaliaaa. awd toad to totowt la totottdaa. todtatai at lalacllaa to Ilia Olt. State Survhartte: Total Amount Paid to City Fee < « Fee t ^ ani watd fa toiadtwaiL tot awdttaidatd aptta io tarrati la to Ml idolaHoa of Hit rowdlllaaa of Signatun* of Applicant This permit is not valid until the proper fee is paid and it is approved by an authorized City OlTiciul_ Signature of City Offii, ( ude niiite fil«<*afy C'aiwy Jnipcviof 1 Cogp Rnk Mnani'eI’lipy l.i4il Apflt<a"l‘* tt^vipi OATf riMt CITY OF ORONO called in INSFECTION NOTICE KCHiouLEo FERMITNO----------------------- coMALiTEO ----------------- -------- ADDRESS P------- OWNER -------CONTR. TELEPHONE NO. n fOOTINC □ FRAMING □ INSULATION a MALL 80 □ FINAL □ l>AOCReSS □ DEMOL □ FIRE PHEV c plumoingai n mechanical n MATER MOOKU8 □ METfR SET/TURN ON n SEMER M00RU8 Cl SEPTIC INSTALL □ SEPTIC MAINT C MELL TEST PUMP J LAKESMOHE/MITLANOS □ LICENSINC. □ COMPLAINT 0 FOLLOW U® □ SEPTIC FINAL□ FiREPLACE/WOOOiURNtN□ cir^ ^7T1) >tli , |Tl>i ‘h r~A^Q. .0. C^^\J j2 7"^ ~ '7"S ^7-.?L ' nphoto taken□ mork satisfactory proceed □ CoSSicT MOrI c IlL FOn°REINSPECTlON 9^^0"^ ih TUHNn correct UNSAFE CONDITION MITMIN HOURS INSPECTOR MILL HITUHN □ stop ORDER POSTED CALL INSPECTOR □ inspection PEOUlRED CALL TO ARRANGE ACCESS call for tha ..eat inspaction 24 hours in advance. Owner/Contr on site------------------- Inspector ---------------------------------------------------------------473*7357 Mhii» Copy innwciu* i E >ip r«ii«l CiiOV'Sui* Nonce Cmditioiiftl Vi« Ptndc " _ Subdivision, Prsliainnfx _ Subdivision, Final OMWCIL ACTIOII Vots: ^ For __ Agsinst Abstsntion HOTIOIf_rscoansnd approval of your lot srca and lot width subjsct to the fiadinos snd ****iijinsJ punning Cowlssion rscomwsndstion to Council snclossd for your rovlsv. lSSSSSSS»SSiS*iS<ii<SiSSSSStSSiSSSSSSS»S<>tiSi>iS»S»MSS><liiSi»»S<^s»iiiiSSSSSSSSSSSa DEADLINE ttlTE Doesmbsr 14, 1982 ______ ^ — ^or subnietsl of nsir Inforaseion (sppllcseion nay bs eonsldtrsd •; fonnslly vithdratm if infomseion or sxplsnaeion is not providsd). - N for Vork Psznit _ for work to bsgin _ for uork to bs appliestion eonplstad Jl^ MQfUC PERMITS ARE REQUIRED • eontset Building Inspector before beginning work. _ VARIANCE APPROVAL is limited to the extent shown on approved plans. ^ «»at change plana. VsrIsr-e authority expires one year after approval, _ wNDITlOwAL USE APPROVAL expires upon change of ownership or use, or on deadline date specified above. „ PRELIMINARY SUBDIVISION APPROVAL - Applicant must provide all information and/or improvements required for final approval. Contact Zoning Administrator. _ FINAL SUBDIVISION APPROVAL • Applicant must havt drawings, resolution end all ocher requiicd documencs recorded, with certification of such recording recumed to rha City by deadline date. Certified copies of official City Council Minutes may be obtained by contacting the City Clerk. Allow at least three weeks from meeting date. I••S' li« r.nt - Tt S;r«:52n*KSSIrt gf.5d%i “thrfou2-in5 tiSdUST^" ' ■ «i;t5K'3.$:ti»’ortS: n,l,hbo*ho^. 3 . ».r. i. no .ddltionax land avallabXa to co»bln. with aubj«ct property. *« ‘ - sr.v?s »- -5.s5rd ;s^ iss auch approvax i. subject to th. foXXowin, 2 - NO setback variances wiXX be granted to the required building envelope. .^a.w3i,.ie* - sj^sssrr^bSnotr'siSf ..tb.ck ’ ■ fSJSi,h%irc;sr-lutt‘’2xi""ieSrde;dSo^ a'SSuSnii’rlgh? SfV- lor BaXdur Park Road. 6 - At the tlise of th. buiXdlng pXan* ahouXd bo given to the drainage along the east banks of the sites for new dock line. ' -vii ■1 ' »*al M i- ^ Prom: Date: Subject: COUNCIL JUN i: CITY OF Jeanne A. Mabusth, Building & Zoning Administrator April 13, 1989 #1397 Art Center of Minnesota, 2240 North Shore Drive Subdivision of a Lot Line Rearrangement - Public Heari Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson •etii /g )89 MHO Total Area « 272,137 s.f. or 6.248 acres. Property consists of separa independent parcels. Pertinent Ordinances - Section 11.03, Definition 65 (C) - Subdivision of a Lot li rearrangement. Subdivision required because property do not me required lot standards of RR-IB zoning districts. Required * 2 acres Existing Lot 5 = 13,760 s.f. or .315 acres (Lot 5, parcel PIN 10-117-23-31 0062) Proposed Parcel B * 27,600 s.f. or .634 acres. (expanded building envelope of existing Lot 5) Proposed Parcel A =* 244,537 s.f. or 5.614 acres Section 10.03, Subdivision 15 (B) - Side yard setback for a accessc structure. Required = 10* Existing » 29* (east line of existing Lot 6} Proposed = 1*+ Variance = 9* or 90% Section 10.28, Subdivision (fl) - Side yard P9‘**'^**<3ks pr-fncip struct Required = 30* Existing = 9* (from west lot line of exis. ..*g Lot 5) Proposed * 36*11** (setback from proposed lot line) ^ Section 10.20, Subdivision 3 (A) - Required setback r scho> structures: Required * 50* Proposed ^ 51.49* Section 10.60, Subdivision 10 - Screening required if rking within 30* of a residential lot line for parking of m e than vehicles. Section 10.61, Subdivision 5 (A) - Parking on a residential ot cann be within required yard area but can be within 10* of a s s or re. lot line. Zoning File #1397 April 13, 1989 Page 2 of 5 List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Exhibit K - Application Property Owners List Plat Map Council Minutes of 6/29/78 Restrictive Covenant Proposal for Metes & Bounds Division Cook’s Report of 5/12/89 Staff’s Sketch - Parking Floor Plan Enrollment Information Survey of Subdivision Review of Application - As part of the sale of the old Hill School, the Art Center has agreed to divide off additi '>nal areas of the total property to support the new single family residential use. The application will be reviewed in two phases. The first phase will deal with the required standards and impact of the new division lines upon existing improvements as part of the lot line rearrangement subdivision review, and the second will cover a partial commercial site plan review for the existing Art Center to determine impact on existing improvements as they support the school/community center use. Lot Line Rearr2uigement - Once again it is important to remind the Planning Commission that the Art Center would have the legal right to sell Lot 5 without the need of any City approvals. It is the Art Center's desire to provide additional area for the new owner's single family use. It is not a subdivision to create a new buildable site, b't merely a rearrangement of lot lines. Original Lot 5 has been doubled in area but still does not meet the required 2 acres. As proposed, all required setbacks are satisfied from the new lot lines for the Hill School parcel (referred to on your survey as Parcel B). Staff has concern with the minimal 1’ setback of the tennis court from the west side lot line of Parcel B, Staff must recommend that a 10’ setback from the tennis court be maintained. The lot line must be realigned along uhe east side of the tennis court n'-oviding a minimum 10’ setback resulting in a 27.86’ side setback for the proposed single family structure on Parcel B. The main school structure meets the required 50’ setback from the new division line. The future owner of Parcel B should be advised that prior to the occupancy of the structure the single family residence must b^ connected to available municipal sewer. Zoning Pile #1397 April 13, 1989 Page 3 of 5 All existing gravelled parking areas on Fircel B must be removed within the required 50* front street yard area and within 10* of the north side lot line. Portions of gravelled area may be retained for access drive but cannot continue to be used for parking purposes. During the review of the conditional use permit for the duplex use, a restrictive covenant was noted that was filed against the chain of title of the Art Center property (review Exhibit E). The covenant was required as a control over all future building expansion for the total property of the Art Center. It is not clear why the City requested the covenant nor is it clear why the combination of all the separate parcels was not required as the code itself under the conditional use permit for schools would require City review and approval of all expansion of the facility. Clearly the restrictive covenant places undue restriction on the new owner of proposed Parcel B. The City is comfortable with the existing controls on the Art Center school use based on the existing ordinances. Staff sees no need for the restrictive covenant to remain. Planning Commission may have other opinions on this matter, hut it would be staff's recommendation that we ask the Attorney who represents the Art Center to prepare the appropriate documents that would extinguish the covenant on all the separate parcels. The City Attorney will review the document. Please review Exhibit F, if the City is to accept a Metes & Bounds division for the lot line rearrangement, we will require that the format of the subdivision be presented as proposed with the four parcels (A through D). The subdivision approval will be conditioned on the appropriate combinations. Options of Act.^ on - 1. Denial. Please refer to Section 11.02, Subdivision 10 for the necessary findings. 2. Approval based on the following conditions: A) Two substandard parcels created by this metes and bounds division to be combined with primary use par* jIs. B) All gravelled parking area located within required yard areas and within 10* of a side lot line to cease use. Parking subject to all the rules and regulations set forth under Section 10.61 of the zoning code. C) Future owner cf single family residence lot is hereby advised that beca\‘se of the substandard side setback approved with this lot line rearrangement, that no future additions to the west side of the structure shall be approved. All new construction must meet the setback standards of the RR-lB zoning district. D) Prior to the issuance of the Certificate of Occupancy for the conversion of the existing jchool structure to a single family residence, the property must be connected to municipal sewer. Zoning File #1397 April 13, 1989 Page 4 of 5 E) North/south lot line as it intersects existing Lot 6 to be realigned providing a minimuTi 7.0* setback for the existing tennis court, iBipact of Lot Line Rearrangement on Ibclsting Improvements that Support the Art Center - As the memo noted above, the required 50* setback has been maintained to the newly proposed division line. The tennis court will be located 10* from the 2unended lot line. Please review Glenn Cook*s report. The subdivision has a major impact on the existing parking. Seventy-two parking stalls serve the current school/community service use. The subdivision will result in a loss of 22, leaving the Art Center with only 50 useable stalls. 22 in the northeast parking area, 28 in the southwest parking area. The parking needs of the Art Center based on the joint school and community center type use may be compared as follows: A) Section 10.61, Subdivision 10 (D) - Schools. 1 Parking space per 7 students. Based on the student enrollment information submitted by the Art Center for the 87-88 and 88 fall season, the average number of students would be approximately 80 per day. 12 staff required (80/7). 1 Parking space per each three clads rooms. Exhibit I, the floor plan of the Art Center, based on the 11 class rooms and the gallery to be credited as 2 class rooms, there would be a total of 13. 13 * 4.3 or 5 stalls. Total Stalls Required for School Use = 17 stalls B) Section 10.bl. Subdivision 10 (G) - Community/private club us^. Minimum Required » 10 spaces Spaces Required for each 300 s.f, of Area over 2,000 of Building Area * 63 spaces (19,021/300) Total Spaces Required » 73 spaces The City will ask that 10 additional spaces be added to repx lost with the lot line rearrangement. the 22 Screening must be provided along southern bou»„»7ery of northeast parking area. Per Section 10.60, Subdivision 11 a parking area exceeds 4 stalls and is located 30* from a residentia. : line, screening mi'st be provided. Zoning File #1397 April 13r 1989 Page 5 of 5 The following conditions should be added to the above approval; P) The Art Center must provide 10 additional stalls within the southwest parking area. Staff suggests September 1, 1989 deadline for the installation of the 10 stalls. G) Per Section 10.60, Subdivision 10, screening to be provided along southern boundary of parking area adjacent to Briar Street. Zoning File #1397 Additional Comments & Planning Commission Recommendation - 6/9/89 Additional Exhibits - ExkiJyit L - Planning Commission Minutes of 4/17/89 Exhibit M - Letter from Art Center's Attorney Exhibit N - Termination of Restrictive Covenant between City and Art Center Exhibit 0 - Revised Survey for the Lot Line Rearrangement Exhibit P - Ann Stover Letter Dated 6/2/89 structure to the west has provided the fcr^.. staff and as set f parking lot has been showing a total of unacceptable for they Please review Exhibit 0, thn amended site plan and revised : vey of the lot line rearrangement, note that all directives of tn'^ Planning Commission's approval have been satisfied. The lot lines have been r sted so that the 10' side setback from the tennis court has i *n realized. The principal structure is now located 27'1" from the proposed lot line and will require a variance setback of 2'11" (original setback of principal lot line of Lot 5 was 8'). The surveyor ■ he legal descriptions as rjquested by the staff sketch (Exhibit F). The -d in the northeast parking lot area • alls. Staff has found 8 stalls o not satisfy the standards for manuerability requiring a minimum of 25' aisle separation between parking stalls. Elimination of the 8 stalls will still provide 35 stalls for a total of 62 stalls. Staff had asked for a total of 60 stalls. Screening and fencing has been shown along the north boundary of the residential property, screening the residential property from the commercial parking area. The approval resolution reflects the special conditions of subdivision approval noted above, i.e. future owner to connect to municipal sewer upon issuance of Certificate of Occup-^ncy upon con csion to single family use, notice to future owner that all new construction must meet zoning standards for single family use in the RR-IB zoning district, determination as to appropriate method and document to terminate restrictive covenant oh property limiting all future development - original document was never filed against title of the property. Please review Exhibit P, tho Executive Director's letter asks that Letter of Credit not be required by the Art Center as a condition of this approval. The Council may wish to waive the requirement until the propose^ deadline date of .September 1, 1989 when all such improvements a ^ i o be completely installed. If at that time the improvements nave not been iii?called, the Art Center will be responsible for pro\ ’ding the City with a Letter of Credit. A representative of th- ^pi.fcant will be present at your meeting to discuss this natter in more detail. The applicant's attorney has also advised that they will be happy to execute an access and utility easement in favor of the County and the County has confirmed that they will supply the appropriate legal description to complete the execution of the ease^t^ent. The enclosed resolution approving the U:' line rearrangement has beei^ enclosed for your review and action. A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION OF A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 2180/2240 NORTH SHORE DRIVE FILE NO. 1397 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, th*.' City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City? and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by the Art Center of Minnesota (hereinafter "the subdivider") of properties legally described as follows: Exhibit A, attached (hereinafter "the property")? and WHEREAS, the subdivider has completed all requirements of the City for a metes and bounds subdivision of a lot line rearrangement for division and combination purposes. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the metes and bounds division of a lot line rearrangement for the Art Center of Minnesota as shown on the Certificate of Survey by Paul A. Johnson of McCombs, Frank, Roos Associates, Inc. revised May 23, 1989 and attached to this resolution, subject to the following conditions; 1. Upon approval of this subdivision by the City Council, the subdivider shall apply to the City for the legal combination for tax purposes of the following properties as described in the above referenced survey of the metes and bounds division of the lot line rearrangement: Parcel A to be combined with Parcel B Parcel C to be combined with Parcel D Page 1 of 3 2. Prior to the Issuance of the Certificate of Occupancy for the conversion of the existing school structure to a single family residence on combined Parcels A and B, the property must be connected to municipal sewer. 3. All new construction on the newly created parcels must meet the setback standards of the RR-lB zoning district and all other pertinent sections of the Orono Zoning Code. 4. Parking for the Art Center on combined Parcels C and D are hereby approved as amended on the official site plan approved by the City Council with this subdivision application and that based on staff's amendment to the plan, the total number of stalls approved and provided with this review remain at 'S2 stalls. 5. All parking, screening/fencing, and re-adjustment of exterior lighting to be completed by the subdivider by September 1, 1989. If subdivider fails to complete the necessary improvements by the deadline date, the subdivider will be responsible for furnishing the City with a Letter of Credit to cover 150% of the cost of these required improvements. 6. The subdivider shall provide the City with an executed road and utility easement to be granted to the Hennepin County Department of Transportation. 7. The aforesaid division as shown on the attached Certificate of Survey shall be filed by the City of Orono with the Hennepin County Recorder's office and Registrar of Titles office on or before December 12, 1989 together with a certified original copy of this resolution and other covenants and easements required by this subdivision approval. The approval granted by this Resolution shall expired if the division has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Page 2 of 3 Adopted by the City Ccancil of Orono, Minnesota, this 12th day of June, 1989. ATTEST: torothy M. Hallin, City Clerk James R. Grabek, Mayor STATE OP MINNESOTA ) ) ss • COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of June, 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 3 ft a :hh:. • r • ” . ■ , V . - V . •- u-i:.*--Zv . '^Cil .-- :r.-, .-.'.n - CITY OP ORONO - SUBDIVISIOH APPLICATION PROPERTY LOCATION r_r Site Address ^hoc^ ^ C)rOy)0 Property Identification Number (P.I.D.) _ _ ___ _ _ _ _ _ _ _ _ Please check one - Property abstract or . torrens? CT.mat an Rouodrv^ 5or»/<?y Lois /r)ftrk\^i lU an J part ^ Attach legal description to j^p-pT-TrawT Phone (home) B) N2une ^rJ tj vL^rpf^"nri"Cpf^r ’j III^aJ Phone (work) ^7^- 7^^ /------- Address: MD A'.-k11^ Sh::r^J>- City.JjjMS^dl — ZiptfSL^J.__ OWNER (if different than applicant)Phone (home) 1.1GUUt? ! f 1 1 I / IV. 1 C Address; iSPrfy\€^ / » y City;Zip; (attach list if more than one) EXISTING LAND USE Number of Tax Parcels C? Development Size Acres Acres Dry Land Wet Land parcels/. H ,<Acres Totalr all Present Use (check)Residential; no.of units 2 Other (specify)Mri Cprrhe^r^ Present Zoning District PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites 2y Existing Units ^ ShifJ n New UnitsNumber of Building Sites; 2^Total Units Z’, 1 fi - S'. ncrrj Proposed Grosfi Density; iv,el fi - P Unite per Minimum Lot Size; Proposed Use; (check) Acres r07 Sq Feet Dry Buildable Land(^^c*/ / Residential - Other (specify) f^rr r^n'hrr' #1397 _ 'I .'> “r“r""“_" . ■f ”ji ' - w ji • . —«», .• ftj LI'*' i j.- - CITY OP ORONO - SUBDIVISIOH APPLICATION PROPERTY LOCATION Site Address 0_ _^tiOrC^ ^^ ^ OrOt^j) Property Identification Number (P.I.D.) Please check one - Property iX abstract or tX torrens? C./nal ^ ^rs/^i Lois anJ pari ^ Attach legal description to ® xppt.tcanT Phone (home) ^ Name ^“*^rv\rJ vl^tr<j»^470f:^"• ^ri~C(>f^r^ IPaJ, Phone (work) ^~7j^-‘~73^ f Address; ACt MD A,',-<■!^ ShcrfTJ>. 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XX^ o X i-l O K X X X X ., X 3 3 X > 0 X < < X < X XXX oo < X u O Z X < < ?- N X < X XXXo X X X X o »- % K (i ^ V 0 « CM m X X CM X < 1 o o I- rH < X I <-• 0 M Mm >SJ “S <0 i! X »- < X N • ^ ^ V, rt , \1‘. '■ I i^ r "’ i. J 1,-i.r ^VRBGULAR MEETING OP THE ORONO COUNCIL, JUNE 29, 1978 v*^T' • ; Planhing Commission Meeting - June 12, 1978 information meeting held - no public response. . Planning Commission recommends approval of conditional V use permit expansion for new building addition as proposed subject to on-site system coraplJance as noted in letter by Mike Gaffron dated June 1, 1978. •A-: Council Meeting - June 29, 1978 •'• '•'Page 12 ** CONDlTZOIttL. USE PERM 2240 North Shore Dri (Continued) , Mrs. Hock, Mrs. were present to Johnston, and Mr. Avchen, architect, discuss their application. It was noted that there was no one representing property owners present to hear this particular proposal. Mayor Van Nest and the. individual Councilmembers voiced concerns with increased traffic and parkinq problems, and also future expansion that might overwhelm the area in the ensuing years if this proposed addition is approved. ' proposed addition would add 150 students a week to our present 850 students per week. Mayor Van Nest commented that it would seem reasonable to request a traffic projection and estimated volumes study Including solutions and also some means to control future expansion. Paurus TOved, Mayor Van Nest seconded, to approve ^e conditional use permit for the Minnetonka Center of Arts & Education, 2240 North Shore t Ive, subject to: V- “iV- 1. 2. Staff to craft conservi'tion easement or some other vehicle to preclude future additional buildings or expansion. Applicant to submit traffic projections and estimated volume report, including approved parking solution by the City Council. V- ' V 3. Planning Commission recommendation on compliance to septic system requirements. Motion, Ayes (5) - Nays (0). Mr. Alan Olson, City Planner, entered into the record the variance request of John Uran, Big Island, dated May 17, 1978, which states: The applicant wishes to construct a now home on Big Island. The property consists of seven separate parcels under common ownership surrounded by platted undeveloped public roads. Total acreage 1.65 acres. Variance required: Section 34.842, 0.35 acre - 17% VARIANCE Big Island *393 John Uran (Continued) 4 . 1 i -.-rtf V’'s§Sx. :r- i \>v. BESTKCCnVE COVBWANT :^^>. -V- ‘.'i ■-V ■■:rv' THIS Auoust INDENTURE, made and entered into this _______f 1978# by and between Mimut^owky ewnfrir q a*^innesota corporation# lierelnalrer.re a public' corporation dnde]^,theArts t Bducarion » as the brantor7 and ine City of Orono, laws of the State of Minnesota# hereinafter referred-^to^asjthe^^ . . WITNESSETH: TmBRBAS# Grantor is the owner of the following described property situated in Hennepin County, Minnesota, to-wit: tax parcel5f;>?i;j^:; 38-41310-5210: S 459 FT OF E 474.5 FT OP GOVT LOTS EXCEPT ROAD “and A*’, tax parcels 38-42520-7500, 8000, 8500, 9000, 9500: LOTS 2, 3, ;4, 5#.v;vj;g^^^ S 6, BLOCK 3, MARK- LLE, T' »i. VfVi,v ^ WHEREAS Grantor desires that a portion of the above''described land be subject to a restrictive covenant as set forth in detailhereirt-^'^^7;- after, all for the benefit of the Grantcr and the Grantee, and' '4 WHEREAS, Grantor does not intend that the public should have any Interest in the above land by virtue of this venture or otherwise, except as hereinafter set forth. NOW THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt whereof by the Grantor is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey unto the Grantee the negative covenant to restrict Grantor, its successors and assigns, to limit and preclude the use of the above desorbed property as follows: JF-II 1. No structure shall be constructed, erected or placed upon or above the Affected Lands except for those atructures in existence on the date of this indenture, or structures which replace the existing atructures, or those new stru .urea shown as Exhibits A, B, and C attached for which the City Council on June 29, 1978, granted a conditional use permit. In addition to any other redmedy the Grantee may have, the covenants and restrictions herein may be enforced by ;njunction. The provisions of this restrictive covenant shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. UJ \|V V •srii.' IS _2l^•• < H </> Q2C^ rr e'8»i(fi p/c>NrS-- 1 <® ta <J _£J1LTTS< oti 5 J L8 uoeuv s zs , »8 <;i ir -M- 09 ■s i/) 091 k/| tS} s c c — 25 * CnI 09 P o8 X0$l r- r•o ^ , 091 *2rm u So o] Pi S’ • V. .• .^; '% ‘ %?ir- :■ a "tk . ;,i' '^R- ?9 ' \t 9S*°* M-C/JO^OS" WW^. ''^ r //ji/N.-, 7^—H i 0 n 1 n^o 5i Z’* ii*i ! ^OP . . •:!'■•' ; ■ •i > - ‘ ■ l/li Bonestroo Rosene Andcriik & Associates Engineers & Architects Ono G 8cr<«n» PE Pooen W ftwoe. PE JOiey' C PE A PE R<ra« £ Tuffw PE JJfTW C OlJOn PE Gieon » Coo«. PE Thomas £ Mo\«i PE Boocn G ScnufiKht PE Ma^vm L Sofvau PE i(eith A Gordon. PE PKhairi W Fosift PE OofUKS C Botginx. PE Jffry A dr, iTOon PE Mark M Ha-isch PE r«J K F«W PE r Raormann PE (ftibeii « Pfffffrif PE Ctv^ O LiOSkau. PE Thomas Prterson Pt M<hac< C Lytxn PE James » Maiaoo PE Kenneth P Arxjefson PE Ke«h A Bathmann PE Mark P Rorfl P£ Rooett C Pussek A i A Thomas E Angui PE Howard A Santera. PE Oar«ei J Edger jn PE Mart A Seo Pt Ph*o J Caswe«. PE Mark O VtM>i PE Thomas R Anderson A O.- - ■ R,‘vx>er PE Chane •« .• Tkson Leo M . hv*- dry Haiian M Oson Sutwi •/ :Ottkn C PA April 12, 1989 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Ms. Jeanne Mabusth Re: File No. 139-1397 Arts Center Dear Jeanne, We have reviewed the proposed subdivision on the Arts Center of Minnesota property on North Shore Drive. The subdivision will require removal of the parking on Parcel B and reorganization of the parking on Parcel A. There are 24 parking spaces that will be removed as a part of the subdivi­ sion. This will leave the Arts Center of Minnesota with 48 spaces. The number of spaces required would be determined based on use. The Arts Center currently functions between a community center and a school. Using this criteria, it appears that 45 to 75 parking spaces are required. We would recommend that an additional 10 spaces be provided on Parcel A. If you have axt/ questions, please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK i ASSOCIATES, INC. Glenn R. Cook GRC:li 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 A >* (Krn \y A o O \/ + ?S5^ —* •7'v —/ v3^ •©aiQ A\3tV 7 % T» V \f J N \ + 9i-Airr J cil . \imvF ^ - l£^a tL ' T •^IQ rA3M 7 k <r-20‘-2“-^ X hiJvij ti•£ ^0 . D X tL. S3'i0I^3l.•.8-^r------ k^^+^aotn& - ^sayni-331 f rvA ^ . 7 yo'-o". i m / i iE y 7> ’«ii Pit —r\ r■ ^ > 27gJ? 1/p 1C k7LL 6- it= CD u n§ <17 \J"u 1 ?? 1 7A 3 X 5: T^ v9 3 D OlXid 2 \i /V \/ 7?» '4>cn -V. I*.Oi^ \1/ co «kl o* /\ p CA V /*s Q«•210/ N. )o«> ”5“ Vi rs 00 /\ 0 1%ra«o V ____L D / /I /V UJ 02 n oc Ckro> 1 3 CO <<N \l/3 1^ -<a 2 ii U" n- r L__S VI ^C o 0, <r 3;-^^ ul 2| U u] CL 5 <u t D. u y -Ti /Tin 3s 1L''1 “~P\ 0 2 F 2s 1 n pi LU U 7^ u lAT lU c^ & /\ rs (\l \/ c»o k» J \y ! s> ? y\W jJ/ •O ^ • 0Q> 7 # W1 f O«• nv]0 D -4 cO D d /f >K* X Vi N ‘ ^ , ' X fs. I oo »N \ 0 1 X ro V r ___L UJ I__S CL ~i 3 0) X C U) 3a. n z o V DC CD < 4^„i--.?A uJ s|u w ^1 1 it -t 3H<1 2k Ckr ycL < a C t a S < m /Tin 2s gjrv- ■X P. :£ <u. m la hr i,3'-i> ai CU (L flAT S-* fP a 0 lU cC C/1 -:2 a ti. !\ tL r\ ru u V\A ■:) v> '^/ V/7^ N> ■> /\ ?o4r- > ^ I OQi \i/ BE 7^ .Si v> :^-7^ c Si \/ A nsn vD D D M.irtp III I i';a /?rt - a] . //}j!sjajfSai<K^ ____ \ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 >7 iB 19 20 21 22 23 24 25 26 27 28 29 30 Jl 32 33 34 35 36 i7 30 39 40 /fi?fail FAU n UJ/NTdF. r LOiNTB/L u. U! fall If FALL // iF LOlMl6fL. I- - . LO/A!7(: A n -- ■5PfUN (, i 4?y^ % 5LsPu rt 3/i, \jFMhki 73I Q f^Z yp 6 nr/fc A,V'V .^1 f^yp 4m •'7 // 5 -~-b / V 9) a. fi '-Fi /? 2 2 2 2 2 2i 2; 2! 2' 31 3 3; 3: 3- 3^ 3< 3; 3f 3"; 4( MINUTES OP THE PLANNING COMMISSION MEETING APRIL 17, 1989 ATTENDANCE 7:00 P.M. The Orono Planning Conunission met on the above date with the following members present: Chairman Kelley; Planning Commission members Johnson, Cohen, Hanson and Moos. Planning Commission member Brown arrived at 7:15 p.m. The following represented the City staff; Building and Zoning Administrator Mabusth, Assistant Planning and Zoning Administrator Gaffron, Public Works Director Gerhardson, City Engineer Representative Olson and City Recorder Scheffler. Council Representative Alan Nettles attended and CounciImember Goetten was also present. CONSENT AGENDA It was moved by Chairman Kelley, seconded by Planning Commissioner Johnson, to approve the consent agenda. Motion, Ayes=®5, Nays=0, Motion passed. #1397 THE ART CENTER OP MINNESOTA 2180 & 2240 NORTH SHORE DRIVE _ _ CLASS I SUBDIVISION - LOT LINE REARRANGEMENT PUBLIC HEARING 7:00 P.M. TO 7:13 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Ms. Mary Smith was present as a representative for the Art Center. Zoning Administrator Mabusth stated that the Art Center was seeking a subdivision of a lot line rearrangement as part of the sale of the Old Hill School. Lot 5 will be doubled in size from 13,760 s.f. to 27,600 s.f. Staff is recommending that a 10* setback be maintained from the tennis court to the new division line rather than 1* as being proposed. The Art Center will lose 22 parking stalls as a result of the subdivision, which will leave them with 50. The City Engineer has indicated that he would be comfortable with 60 parking stalls and staff is recommending that 10 additional stalls within the southwest parking area be provided now and will reserve the right to request more if needed. Chairman Kelley expressed his concern of continued use of the parking area to the rear of the Old Hill School. It was his belief that parking in that area would continue and cause trespassing upon the property which would then be used as a single family residence. Ms. Smith indicated that there was a possible option of allowing the lease of the tennis court in exchange for available parking in the rear of the Old Hill School. Kelley informed Ms. Smith that the City would not allow commercial parking on residential property. Planning Commissioners Moos and Johnson concurred that the tennis court be 10* from the side lot line. Planning Commissioners Hanson and Cohen questioned whether the tennis court should be removed. Ms. Smith stated that it would be a MIHUTES OP THE PLANNING COMMISSION MEETING APRIL 17, 1989 ZONING PILE #1397-THE ART CENT OF MINNESOTA financial hardship for the Art Center to remove the tennis court. Kelley said that the financial aspect of an application cannot be considered. Hanson said that consideration should be given as to whether it would be practical to do a lot line rearrangement around a dilapidated tennis court. There vere 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 recommend approval of application #1397 as follows: 1. Approve the lot line rearrangement. 2. The standard side yard setback of 10' for an accesso.vy structure must be met. 3. Approve a principal structure. 2.8* side yard setback variance for a 4. Screening for parking on the north side of the property should be in the form of a physical impediment so as to move the traffic flow up to the north. 5. The parking areas located within required yard areas must be removed and the issue of the existing lamp post must be reviewed as to placement and light direction. 6. The future owner of the Old Hill School property should be put on notice that no new structural expansion shall be approved to the west side of the structure because of the substandard setback. 7. Prior to the issuance of the certificate of occupancy, the school structure must be connected to the municipal sewer system. 8. There should be a dedication of a 33* right-of-way along North Shore Drive from the Art Center. The hardship for approval is the location of the tennis court in relation to the Old Hill School. Chairman Kelley amended his motion to include a recommendation that the City Council address the issue of extinguishing the restrictive covenant filed against chain of title for the Art Center, Planning Commissioner Johnson seconded the amendment. Motion, Ayes=5, Nays=»0, Motion passed. V. OWE'i NELSON PHILLIP A. COLE t MARK N. STAGEBERO t ROGER V. STAGEBERO GLENN R. KESSEL • THOMAS E. PETERSON THOMAS R. JACOBSON • | t RICHARD A. LINO t THOMAS D. JENSEN t TED E. SULLIVAN • t ROBYN N. MOSCHET THOMAS F. DOUGHERTY KAY NORD HUNT* RICHAR.D L. PLAOENS PAUL C. PETERSON JOHN P. LOMMEN (1927.1988) Lommen, Nelson, Cole & Stageberg, P.A, ATTORNEYS AT LAW 1100 TCP TOWER 121 SOimi EIGHTH STREET • MINNEAPOLIS, MINNESOTA SM02 TELEPHONE (612) MMIJI MinncMU WA15 Um 1«0-7S2.4297 FAX (612) 3JM064 SOUTHSIDE OFFICE PU^ZA. SUITE 2A 1810 CRECT\1EW DRIVE • HUDSON. WISCONSIN M0I6 TELEPHONE (7U) 3864217 Tw Oiy Line (612) O640M PAX (715) 3864219 REPLY TO: Minneapolis Officc June 1, 1989 LYLE R. FREVERT THOMAS J. NIEMIEC t MICHAEL P. SHROYER RAUL A. OASTEAZORO. JR. EHRICH L. KOCH TODD J. THUN JUDY L. HALLETT JAMES R. ANDREEN SHERRI D. ULLAND MARGIE R. DOOAS KATHRYN H. DAVIS JAMES C. SEARLS DAVID J. DOSEDEL WENDY A. WEBER GARY O. PONTIUS RANDALL E. BENNETT* DEBRA L. McBRIDE I HudfoaOflWc • A«imtii«d in .Mioncu a anJ Wi»c»>iHio t CeniOcd Onl Tnal Sp^culiM City of Orono P.O. Box 66 Crystal Bay, MN 55323 Attention; Jeanne Mabusth, Zoning Administrator. Dear Ms. Mabusth: This letter will serve to confirm our telephone conversation of May 31, 1989 regarding the 33-foot easement for County Road 15 in front of the Art Center's property. The Art Center will be willing to give an easement to the County for road and utility purposes upon receipt from the Highway Department of a legal description of the roadway. I request that you contact whoever you have been dealing with at the County to provide us with that legal description for the 33 feet. Very truly yours, LOMMEM^, NELSON^ C0LE & STAGEBERG, P.A. V. Owen Nelson VON/rfc cc: Art Center of Minnesota Attention: Ann Stover Lommen, Nelson, Cole & Stageberg, P.A, ATTORNEYS AT LA^ V. OWF.N hf .i.son |*K»Li.lf A. COLii f Roona V. sTAOcariRC markn. stagebero » OI.ESN R. KBSSEL • THOMAS C. PCTCRSOM THOMAS R. JACOBSON • \ t RICHARD A. LIND t THOMAS D. JENSEN t TED 0. SULLIVAN * t ROBYN N. MOSCHET THOMAS J». DOUGHERTY RAY NORU hunt • RICHARD I- PLAOr.SS l-AUL C. PUTERSON JOHN R LOLIMEN (I'Ji7.H*«) ntWTCF TOVfcTJJ. 12: SOUIH EJOl-rm SIUEET • MINNEAPOLIS. MINNESOTA JMo2 TELBrHONb (*12) Minnoou WATS Lio* l-«00-7j:-<»7 SOUTHSIDE OPFICC PLAZA. SUm 2A 1^111 CACSTVICW ORG’C • HUDSO.N. VilSCONSiN J WI6 TT-UIPHONR tJlS) M6J2I7 City Line (612) ORM65 F/VX (7I5J JM.C19 REPLY TO; Minneapolis Officc May lly 1989 LYLC R.PREVGRT THOMAS J. MEMlECt MICHAEL P. SHROYEU RAUL A. Oa .STBa 7.ORO. R. BHRICH L. KOCH TODD J. THUN VJOY \„ MALI.ETT JA.MtS R. ANOREEN SHPRRI D. IH.I.AND MARGIE n. BOUAS KATHRYN H. DAVIS JAMES C. 55ARLS DAVID J. DOSEDGL WBNDY A. WC3CR OaRY D. PONTIUS RANDAI.I. I». niiNNRTT * UEERA L. McBRlUE { HuJwMOffW* * Admrttcd tn .MinrK«e<.a srM NViicoiiIa t Ce>A<r.«<iCivUTri*lSitc<.al.M VTA PAX Popham/Haik^^Schnobri-h & Kaufman, Ltd. 3300 Piper Jaffray Tower Minneapolis, Minnesota 55402 Rq: Art Center of Minnesota v. City of Orono Our File No. A-64342 Dear M.r Barrett: Enclosed olease find Termination of Restrictive Covenant in the above matter for your review on beha.’’ of the City of Orono. Please let us know if there are any corrections or changes to the Termination of the Restrictive Covenant agreement. Very truly yours, ^EN, NEL^vN^ COLE & STAGEBERG, P.A. .Mu*. ^ Glenn R. Kessel GRK;sjf Enc. cc; Mary Smith TERMINATION OF RESTRICTIVE COVENANT V. This Termination Agreement made and entered into this 1989, by and between Art Center of Minnesota, & Education, day of formerly known as Minnetonka Center of Arts & Education, a Minnesota non-profit corporation, hereinafter referred to as the "Grantor'*, and the City of Orono, a public corporation under the laws of the State of Minnesota, hereinafter referred to as the "Grantee". RECITALS WHEREAS, Grantor is the owner of the following described property situated in Hennepin County, Minnesota, to wit! Lots 2, 3, 4, 5 and 6, Block 3, Markville, according to the recorded plat thereof, Hennepin County, Minnesota, and that part of Government Lot 5, Section 10, Township 117, Range 23, described as beginning at the southeast corner of said Government Lot 5; thence North along the east line of said Lot 5 a distance of 459 feet; thence West parallel with the south line of said Government Lot 5 a distance of 474.5 feet; thence South parallel with the East line of said Lot 5, a distance of 459 feet to the south line of said Lot 5; thence east along the south line of said Lot 5 a distance of 474.5 feet to the point of beginning; WHEREAS, Grantor entered into an Indenture of a Restrictive Covenant dated August 7, 1978 with Grantee, which contained certain restrictive covenants affecting property situated in Hennepin County, Minnesota, described in said agreement as follows: Tax parcel 38-41310-5210: S 459 FT OF E 474.5 FT OF GOVT LOTS EXCEPT ROAD and tax parcels 33-42520-7500, 8000, 8500, 9000, 9500; LOTS 2, 3, 4, 5, & 6, BLOCK 3, MARKVILLE; WHEREAS, said Restrictive Covenant Indenture was not filed for record with the Hennepin County Recorder's office or the Registrar of Titles for Hennepin County, Minnesota; and WHEREAS, both Grantor and Grantee believe it is in the best interests of the public and the parties hereto to terminate said Restrictive Covenant Indenture; NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, the parties agree as follows: The Restrictive Covenant Indenture agreement dated August 7, 1978 by and between Grantor and Grantee is hereby terminated. ART CENTER OF MINNESOTA, formerly known as MINNETONKA CENTER OF ARTS & EDUCATION CITY OF ORONO Its President Its Mayor Its o^ijf MimneF"Min STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) } 89 The foregoing was acknowledged before me this 1989, by day of Presidenxf”of 'Art Center of Minnesota, formerly known as Minnetonka Center of Arts & Education, a Minnesota non-profit corporation, on behalf of the corporation. the Notary Public STATE OF MINNESOTA ) COUNTY OF HENNEPIN B8. The foregoing was acknowledged before me this _ _ _ _ _ _ _, 1989, by _ _ _ day of and , the Mayor and City Manager, respectively, of the City of Orono, a public corporation under the laws of the State of Minnesota, on behalf of the corporation. Notary public This Instrument Was Drafted Byi Lommen, Nelson, Cole ^ Stageberg, P.A. 1100 TCF Tower Minneapolis, Minnesota 55402 p Q ART CENTER of Minnesota 2240 North Shore Drive • Wayzaia. MN 55391 • (612) 473-7361 June 2, 1989 I r_-. f - . N \ I — - - - !) I U'\\. JUN - 5 City of Orono P. O. Box 66 Crystal Bay, 55323 Attention: Jeanne Mabusth, Zoning Mninistrator Dear Ms. Mabusth: Biis letter is in response to the Developer's Agreement viiich was returned to your office this afternoon cilong with the other documents requested by the City to enable us to be presented at the June 12th Council meeting. According to page 3 of the Develc^)er's Agreement, item 5, the Developer is to furnish a Letter of Credit to ensure performance of the work in the amount of 150% of the anticipated development costs. It is ny iitpression that this Developer's Agreem^t is genercLLly used by rather large construction firms vho have significant amounts of money invested toward the oorpletion of a project as well as large sums at risk should the development not ocxne to a satisfactory conclusion. It is certainly to the benefit of the public that the City should ascertain that any builder have significant edited, available to finish a construction project. However, the Art Center project is quite a snail issue cxxipared to the scale witli which you generally operate. Iherefore, I would request that the City rescind that portion of the Developer's Agreement requiring Art Center to provide a Letter of Credit. CXir costs are slight, materials being purchased at a wholesale price, and construction being done by our volunteers. I would appreciate hearing from the Council or its r^resentative as soon as possible regarding this request so that we may still appear before you at the June 12 City Council meeting. Many thanks for your consideration, Sihceo^J-y TflLS^ tlvB" UUSctcii flS/fr Mayor Grabek & Orono Council Members City Administrator Bernhardson Prom: Michael P. Gaffron, Asst Pla Dates June 6, 1989 i-ng & Zoning Admin COUNCIL MEETING ^ JUN 121989 CITY OF ORONOministrator Subject: #1401 John & Nancy Feibelkorn/Douglas Dunsheath & Mary Sonnack, 2730/2740 Shadywood Road - Subdivision of a Lot Line Rearrangement - Resolution Zoning District - LR-IB Application - Lot line rearrangement to place accessory building within the Feibelkorn property. .at of Exhibits Exhibit A - Proposed Resolution-' xhibit B - Notice of Planning Couunission Action 5/22/89 xhibit C - Memo & Exhibits of 5/11/89 Dxii;.>r uSsion ~ Please review the memo and exhibits of May 11, 1989. Briefly, the Feibelkorns have removed the pool and spa, and are proposing a lot line rearrangement which creates the required 10* side setback to the small storage building south of the house. As a result of the lot line rearrangement, the hardcover distribution on the two properties changes slightly, the Feibelkorn percentages decreasing slightly and the Dunsheath percentages increasing slightly. There is no actual new hardcover being proposed. The existing 8'x8* storage building was constructed tr house the pool equipment, but now will be used instead to store lawn equipment and to screen garbage cans. That structure is approximately 9.5* from the existing Feibelkorn residence. .t their May 15th meeting. Planning Commission voted 6-0 to lero ’-mend approval of the proposed lot line rearrangement, finding that the new lot line will maintain the required side setbacks for existing structures on both properties, and recommended approval of the existing 9.5* setback between the house and the storage shed, finding that that shed has a permanent foundation and could not easily be moved to meet the required setback. Staff Recommendation - Staff would recommend a, proval of the proposed lot line rearrangement, and approval of the setback variance between the existing house and storage building. All requirements for subdivision have been met, including the necessary signatures on the survey copies. Resolutions for approval are attached. A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION OP A LOT LINE REARRANGEMENT AT 2739/2740 SHADYWOOD ROAD FILE NO. 1401 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by John and Nancy Feibelkorn and Douglas Dunsheath and Mary Sonnack (hereinafter "the subdividers") of properties legally described as follows: Tracts C & D, Registered Land Surv- County, Minnesota (hereinafter "the prc ’To. 420, Hennepin ty"); and WHEREAS, the subdividers have completed all requirements of the City for metes and bounds subdivision of a lot line rearrangement for division and combination purposes. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the metes and bounds division of a lot line rearrangement for John and Nancy Feibelkorn and Douglas Dunsheath and Mary Sonnack as shown on the Certificate of Survey by W. Brov;n Land Surveying Inc. dated December 9, 1988 and revised May 26, 1989 and attached to this resolution, subject to the following conditions: 1. Upon approval of this subdivision by the City Council of Orono, the owner of Tract C, RiiS No. 420 must apply to the City for legal combination for tax purposes with Parcel 1 as described in the survey noted above. 2. The aforesaid division as shown on the attached Certificate of Survey shall be filed by the City of Orono with the Hennepin County Recorder's office on or before December 12, 1989 together with a certified original copy of this resolution. Page 1 of 2 The approval granted by this Resolution shall expired if the division has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of Orono, Minnesota, this 12th day of June, 1989. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor STATE OP MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of June, 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 A RESOLUTION GRANTING AN AFTKR-THB-PACT VARIANCE TO NUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 12 FILE #1401 WHEREAS, John and Nancy Feibelkorn (hereinafter "the applicants") are the owners of the property located at 2730 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follo')^: Tract Cr Registered Land Survey No. 420, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for an after-the-fact variance to Municipal Zoning Code Section 10.03, Subdivision 12 to permit the construction of a permanent storage structure located 9.5* from the existing residence where a 10* structure-to-structure setba^. c is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS 1. This application was reviewed as Zoning File #1401. 2. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 15, 1989 in conjunction with a proposed lot line rearrangement to make the accessory storage building in question conforming to the required side lot line setback, and recommended approval of thi:^ structure-to-structure setback variance based upon the following findings: A) The storage building has a permanent foundation which makes it impossible to move without rebuilding the foundation. D) The structure has no significant impact on neighboring properties. Page 1 of 4 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in thir zoning district; that granting ’_he variance wculd not ad/ersely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would nor merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants an after-the-fact variance to the Municipal Zoning Code Section 10.03, Subdivision 12 to permit construction of the 64 square foot storage shed located 9.5* from the existing residence where a 10* structure-to-structure setback is normally required, subject to the following conditions: 1. Authorities granted by this resolution run with the property not with the applicants, but are permissive only. Violation of or non-compliance with any of the terms 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. 2. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 2 of 4 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 12th day of June, 1989. ATTEST: Dorothy M. Hallinr 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 12th day of June, 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 3 of 4 Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson / Prom: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: May 11, 1989 Subject: #1401 John & Nancy Feibelkorn/Douglas Dunsheath & Mary Sonnack, 2730/2740 Shadywood Road - Subdivision - Lot Line Rearrangement - Public Hearing Zoning District - LR-lBr Single family lakeshore residential, 1 acre, sewered Application - Lot line rearrangement to place accessory building within the Feibelkorn property. List of Exhibits Exhibit A Exhibit B Exhibit Exhibit Exhibit Exhibit Application Plat Map Property Owners List Survey of Proposed Division Hardcover Review of 2730 Shadywood Road Hardcover Review of 2740 Shadywood Road Pertinent Pacts - 1. The FeiLjlkorns were denied after-the-fact approval to keep the pool and spa built in the 0-75* setback zone. They have removed those structures and are in the process of restoring the property. 2. The current request is a lot line rearrangement to add approximately 2,422 square feet to the Feibelkorn property, so that the storage shed and trash container screen area will be within the Feibelkorn property. The proposed lot line will leave the required 10’ side setback for this structure. Note that this s ucture was less than 12C square feet in area and did nou require a building permit, but is required to meet the zoning setbacks. 3. Hardcover percentages on the two properties will change slightly due to this land transfer, as follows: 2730 ,Shadywood Road Pre-Existing Einal 0-75*. . . . . . . . . . . .10.9%_ _ _ _ _ _ _ _9.7% 75-250*. . . . ... . . .- 70.0%_ _ _ _ _ _ _62.7% 2740 Shad^/wood Road Pre-Existing Final 0-75*_ _ _ _ _ _ _ _ _ _ _ _4.3%_ _ _ _ _ _ _ _4.5% 75-250*._ _ _ _ _ _ _ _ _ _21.5%_ _ _ _ _ _ _ _22.3% Zoning File #1401 May 11, 1989 Page 2 of 2 City Engineer Glenn Cook has reviewed the proposed division and had no objection to it. He notes that the restoration of the Feibelkorn lakeshore yard should include either immediate sodding or placement of erosion control silt barriers to reduce the possibility of sediment reaching the lake if heavy rains occur. Discussion - From the hardcover review, this proposal does not have a significant numerical impact on 2740 Shadywood Road and does not appear to make that property's hardcover exceed the 25% limit in the 75-250' zone. For 2730 Shadywood Road, the additional area acquired (which is mostly non-hardcover) has a visible numerical effect by slightly decreasing hardcover percentages. Be reminded that no additional hardcover will be constructed on either property, this is merely a juggling of percentages. Note that the storage shed as constructed is about 9' from the Feibelkorn residence. Technically, that storage building should bo 10' from the house. The structure appears to have a substantial foundation and at this point would be potentially expensive to move. Planning Commission has the options of either granting an after-the-fact variance of 1', or require the applicants to move it. Staff would recommend granting the variance, subject to the interior wall of the shed complying with building code fire wall requirements. Note also that the old boat house at 2740 Shadywood Road will maintain the required 10' setback from the extended new lot line. Staff Recommendation - Staff would recommend approval of the proposed lot line rearrangement, and approval of the setback variance between the existing house and storage building. (Note; Staff has on file a copy of the purchase agreement between the Feibelkorns and their neighbors, Mr. Dunsheath and Ms. Sonnack, indicating that both sets of property owners are willing parties to this subdivision.) C 'oA -TO :.2 6.-. ^ 14 01 CITY OP ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION Site Address2730 Shadywood Road, Excelsior, Minnesota 55331-9599 Property Identification Number (P.I.D.) 21-117-23~24~0033 Please check one - Property _ _ _ abstract or X torrens? Attach legal description to application. APPLICANT Name Phone (home)471-9640 Nancy L. Fiebelkom and John L. Fiebelkom_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Phone (work) 542-0527_ _ _ _ _ AddressShadywood Road_ _ _ _ _City; Excelsior_ _ _ _ Zip; 55331 -9699 OWNER (if different than applicant) * Name Phone (home) Phone (work) Address:City;Zip: (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size Present Use (check) Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify)_ _ _ _ _ _ _ Present Zoning District I.R-1B PROPOSAL _ _ _ _ _ _ _ Division for Tax Purposes XX Lot Line Rearrangement Only (no new building sites) _ _ _ _ _ _ Subdivision for New Building Sites 2Number of Building Sites; Proposed Gross Density; Minimum Lot Size: Proposed Use; (check) Existing Units New Units Total Units Units per _ _ Acres Sq Feet Dry Buildable Land Residential Other (specify)_ _ _ _ _ _ _ _ PLEASE SEE ATTACHED SLiPPORTING MATERIAL WHICH t -tereBY INCORPORATED INTO IHIS APPLICATION BY REFEi^ENCE. MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Completed Application Form Preliminary Plat information on Certificate of Survey. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 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). As an addendum to this application, please atvach a separate list of any other persons you wish notified of this application. 2. 3. 4. 5. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ _ 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 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ _ 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) 300.00 + 20.00/Lot Final Plat Review (Class III) ♦(Plus any legal or engineering charges) 150.00* The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all addi^^i'OTat-<ees established by ordinance. Applicant's Signature Owner's Signature Date Date Date A-yAH ml^i'ta/i^'i^^ offices 25 tiays Planning Commission Meetings are held on the Cate A-p jCJ ^ 3 l J ^ ^ ^ ^ ^ 25^ays berore tneApplicant must hav'e ^ai Planning Commission risking.- 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. SUPPORTING MATERIAL FOR SUBDIVISION APPLICATION PROPERTY LOCATION Fiebelkorn Parc3l; Site Address: 2730 Shadywood Road Property Identification Number: 21-117-23-24-0033 The Property is Registered ("Torrens") Land. The legal description of the property is Tract C, Registered Land Survey No. 420, files of the Registrar of Titles, Hennepin County, Minnesota. Dunsheath Parcel: Site Address: 2740 Shadywood Road Property Identification Number: 21-117-23-24-0034 The Property is Registered ("Torrens") Land. The legal description of this parcel is attached hereto as Exhibit A. APPLICANTS John L. Fiebelkorn and Nancy L. Fiebelkorn 2730 Shadywood Road Orono, Minnesota 55331 Home Phone No.: 471-9640 Office Phone No.: Douglas J. Dunsheath and Mary D. Sonnack 2740 Shadywood Road Excelsior, Minnesota 55331 Home Phone No.: 471-9363 Office Phone No.: (Please send a copy of all correspondence to: Larry J. Berg, Fredrikson & Byron, P.A., 1100 International Centre, 900 Second Avenue South, Minneapolis, Minnesota 55402-3397.) 2215r - 1 - OWNERS Fiebelkorn Parcel: J / ‘i John L. Fiebelkorn and Nancy L. Fiebelkorn 2730 Shadywood Road Orono, Minnesota 55331 Home Phone No.: 471-9640 Office Phone No.: Dunsheath Parcel: Douglas J. Dunsheath and Mary D. Sonnack 2740 Shadywocd Road Excelsior, Minnesota 55331 Home Phone No.: 471-9363 Office Phone No.: EXISTING LAND USE Present Use of Parcels: Single Family Residential Present Zoning District: LR-IB PROPOSAL Applicants propose a lot line rearrangement to provide the Fiebelkorns with additional usable land and to enable them to maintain a pool equipment shed which encroaches slightly upon the Dunsheath Parcel. When the Fiebelkorns purchased their parcel, the Dunsheaths and Fiebelkorns believed that a refuse container structure owned and used by the Dunsheaths encroached slightly upon the Fiebelkorn Parcel. The Dunsheaths requested permission cf the Fiebelkorns to main*-ain that structure and the Fiebelkorns' consent was given. Lcter the Fiebelkorns constructed the subject pool equipment shed on their side of that structure. When a survey of the Fiebelkorn Parcel was later prepared, the Applicants discovered the true location of the respective property boundaries. The Dunsheaths and Fiebelkorns had been in error; the garbage container structure was completely on the Di^sheath Parcel, and the pool equipment structure that the Fiebelkorns had constructed encroached slightly upon the Dunsheath Parcel. - 2 - REQUIRED SUBMITTALS Attached to tnis Application is a certified "Property Owners List" showing the owners within 350 feet of Applicants' Property. Also enclosed are stamped legal size envelopes pre-addressed to each of the names shown on the above-referenced "Property Owners List". Also attached is a certificate of survey showing the proposed lot line rearrangement. FEES The fee for the Preliminary Review of this Application is $250.00. APPLICANTS' SIGNATURE The Applicants hereby agree to provide all information required or requested by the Zoning Administrator, agree to pay all fees and/or usual expenses incurred review of this Application, and certify that the information supp'lTe'd-IrSv.true and correct to the best of their knowledge. ^ Applicants' Signatures: Fiebelkorn Fiebelkorn Maryy D*. 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[Oj£^A^'di 2^50. =1^1,2. i^/<7-’t^c^ /<3*/y-j-.z^^ 2-c> j] ■V-S' % FffJA:^ '"- 7f '2TP' /JfcAj^_______ _______yo'^jE.______?oxT~y // >/9 fo^CM S~rfePs >.77'/?.3 x_V T> • c>uA<-/ /20 >'37^ •*Cv'o>' SW? 4/.___ ___SW«^-NUst< __~7PH^Oi l j «----T)t*^P <tA S3^_zL______' 53777=77,/7b -/~:g./,s*/T~^s-t/n6,| ^5S*f7-?i)T3r,’>sV >^gZ.3Vd \er/t/4<, \ COUNCIL MEETING ^ Mayor Grabek & Orono Council Members City Administrator Bernhardson jyu 121989 crrr OF ORONO From: Michael P. Gaffronr Asst Planning & Zoning Administrator Date: June 5, 1989 Subject: #1402 John Lehmeyer, 320 Crestview Avenue - Variance - Resolution Zoning District - LR-lA Application - Request for rear setback and structure-to-structure setback variances to construct/re-build deck. List of Exhibits Exhibit A - Proposed Resolution Exhibit B - Notice of Planning Commission Action 5/16/89 Exhibit C - Memo & Exhibits of 5/10/89 Discussion - Please review the memo and exhibits of May 10, 1989. Applicant is requesting a rear setback variance and structure-to- structure setback variance to replace a deck wiiich previously existed on the property, but which was removed to accommodate a pool which is now gone. Applicant intends to replace the remainder of his deck and stairway in kind. The Planning Commission at their May 15th meeting recommended 6-0 to approve, finding no impact on neighboring properties, with the condition that the interior garage wall adjacent to the deck be sheet rocked to create a fire wall, and that the portions of deck and stairway within 10' of the garage may never be enclosed either above or below the deck platform. Staff Recommendation - Staff recommends approval per the Planning Commission recommendation, per the attached resolution. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 (B), AND SECTION 10.03, SUBDIVISION 12 PILE #1402 ffHEREAS, John Lehmeyer (hereinafter "the applicant") is the owner of the property located at 320 Crestview Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lots 2, 3, 4, and the north 40.0 feet of Lot 5, all within Block 6, "Bayside Addition to Lake Minnetonka", Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of a deck to be located 28* from the rear lot line where a 50* rear yard setback is normally required, and a variance to Section 10.03, Subdivision 12 to allow the attached deck to extend to a distance less than the required 10* from the existing detached garage. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1402. 2. The property is located in the LR-lA Single Family Lakeshore Residential Zoning District. 3. The Oiono Planning Commission reviewed this application on May 15, 1989 and recommended approval of the proposed variances based upon the following findings: A) The proposed deck will have no significant impact on neighboring properties. B) The proposed deck replaces in kind a deck that had previously been removed to accommodate a swimming pool which itself now has been removed. Applicant intends to also replace in kind the existing deck, including an access stairway 4* from the garage. Page 1 of 4 C) The proposed deck in coni’unction with construction of a fire wall in the adjacent detached garage will not pose a fire hazard to the property. The proposed deck has a platform height of 6*, normally requiring maintenance of a 10* setback from other structures. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect tf 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 zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the 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 Cit^. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.23, Subdivision 6 (B) to allow construction of a deck 28* from the rear lot line where a 50* rear yard setback is normally required, and grants a variance to Section 10.03, Subdivision 12 to allow the deck to be 8* from the detached garage with a stairway extending to a distance of 4* from the detached garage where a 10* setback is normally required, subject to the following conditions: 1. The portions of deck and stairway within 10* of the garage may never be enclosed either above or below the deck platform. 2. A suitable fire wall shall be constructed within the existing detached garage per building code requirements. 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 12, 1990). Page 2 of 4 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 12th day of June, 1989. ATTEST: 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 12th day of June, 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 3 of 4 ZONING PILE NO. 1402 NOTICE OP PLANNING COMMISSION ACTION 473-7357 Date of Notice: 5/16/89 COPIES TO: CITY OF ORONO P.O. Box 66 TO: John Lehmeyer 320 Crestview Avenue Long Lake, MN 55356 TYPE OP APPLICATION: Variance DATE OF MEETING: 5/15/89 VOTE: Planning Commission recommends the following: Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: Le Firewall must be provided in garage* 2. Portions of deck within 10* of garage may never be enclosed either above or below the deck platform. Applicant's next scheduled meeting is confirmed as: City Council Monday, June 12, 1989; meeting starts at 7:00 p.m. you desire certified copies of the official Planning Commission available from the City Recorder after review and approval by the Planning Commission. To: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Proa: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: May 10, 1989 Subject: #1402 John Lehmeyer, 320 Crestview Avenue - Variance - Public Hearing Zoning District - LR-IA Application - Request for rear setback and structure-to-scructure setback variances to construct/re-buil'i deck. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Hardcover Calculations by Staff Pertinent Facts - 1. The applicant previously had an elevated deck in the same location as is now proposed, but was required to remove that deck when he installed an above ground pool in 1983, to maintain the required 10' setback from the deck to the pool water surface. 2. Applicant has removed the pool and wishes to reconstruct the deck. The deck will be 28* from the rear lot line where a 50* rear setback is normally required. Also, the deck will be approximately 8* from the detached garage, with a stairway extending as close as 4* from the detached garage. Applicant is proposing to replace the existing deck in kind, and the new portion would just extend that deck further to the rear, at the same 6* platform height. 3. With the addition of the 40* lot parcel south of the house that was the subject of a recent lot line rearrangement, applicant's hardcover is just under the 35% hardcover limit for the property. No hardcover variance is necessary. Discussion - The applicant's house has a shallow basement, hence the main floor level is 5-6* above normal grade. There has always been walkway and deck connecting the side entry next to the driveway with the rear patio door, and a stairway leading to grade next to the garage. That deck and stairway exist now and are proposed to be re-built in exactly in the same location. Zoning File #1402 May 11, 1989 Page 2 of 2 When applicants built an above ground pool in 1983, they were required to remove an approximately 8* wide section of deck which they are proposing to replace. That removal was required by the City to avoid the temptation for people jumping off the deck into the pool. This is a normal requirement for all pools when they are adjacent to «*levated decks or other house extensions. Either the pool maintains a 10* setback or the deck must come off. Regarding the visual impact on the neighborhood, the property directly to the rear of the house is bisected by Stubb*s Bay Creek and would not be buildable, hence it is unlikely that this deck will have a visual impact on the property to the rear. Also, applicant plans to eventually acquire another 16* portion of a car' :ay to the rear of the lot. In addition to the rear setback variance, replacement of this 8*x21* deck section will place the deck itself approximately 8* from the garage and the stairway approximately 4* from the garage (in its existing location). Applicant feels that maintaining the required 10* setback is not feasible since the garage and the house are only 12* apart and he must have a 4* walkway or access to the house entrances. Applicant has no problem with the idea of leaving the decks merely as open structure, and would agree to a condition that a fire wall be constructed in the garage adjacent to the deck area. A fire wall is simply layers of sheet rock which would slow the rate of fire progression from garage to deck if there was a fire in the garage. Staff RecoHBendatlon -* Staff would recommend approval of the rear setback variance finding that the proposed deck will have no significant impact on neighboring properties and will replace in kind a deck that had previously been removed. Regarding the proposed structure-to-structure setback variance, there certainly seems justification to allow replacement of the existing deck in kind, and Planning Commission must determine if the new deck portion being 8* from +*he garage with a platform height of 6*, is acceptable, if a fire wall is provided in the garage. Staff would not object to such an approval but would recommend the following condition; 1. The portions cf deck within 10* of the garage may never be enclosed either above or below the deck platform. wV -O CITY OP ORONO - VARIANCE APPLICATIO Initial Application Fee $150.00 ^ ($50.00 per each additional variSiSe) Renewal Variance Fee $75.00 ' ^ (no change from original application) After-the-Fact Fees (Double application fee) PROPERTY LOCATION Site Address (1 j2 /C'cd _ _ _ _ _ _ _ _ _ _ Property Identification Number (P.I.D.) 0)^11 ^ J ^ Please check one - Property ^ abstract or _ _ torrens? Attach legal description to application if not included on required survey. APPLICANT Name n tr I8 LelvJrie/r/Z Phone (home) _ _ Phone (work) Addr e s s;, (2icr\ > TO i? CO City; Zip; OWNER (if different than applicant) Name ^ . Phone (home) Address; Phone (work) City;Zip; Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels cf land. PRESENT OSE OP PROPERTY Present Zoning District Present Use of Property DESCRIPTION OP REQUEST ^Sstimated Construction Cost $^ Describe request in detail; /^d>h>tT70Al _____ VARIANCES REQUIRED _ _ _ Lot Area Setback Variances ( Other Lot Width Front _ _ Hardcover Side ^ Rear) HARDSHIP Def ribe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:^_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OP ONUSUAL PROPERTT CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements :_ _ _ _ _ __ __ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ REQUIRED SUBMITTALS 1. Completed Application Form Certified Property Owners List of owners within 150* (you must o>^tain this list from Hennepin County Department of Finance A-603 Govt ' inter 348-3271). Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the ^lhove list with no return address (use address labels obt;’'.ned with property owners list). Certificate of survey including hardcover calculations as required. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. Plat 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. Additional items as may be requested by City staff. 2. 3. 4. 5. 6. 7. 8. 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 JJ'^ministrator, agrees to^ pay all fees and/or unusual expenses ■’icurred review of this application, and certifies that the informatio*- knowledge. Applicant's Sign 3 true and correct to the best of his/her Date ^ OWNERS SIGNATURE ^ ^ u The owner hereby acxowledges and agrees to thi- application ana further authorizes reasonable entry onto the prop-*rty by City staff, consultants, agents. Commission members, and Council iL2:rners for purposes of investiga­ tion and verification of this request. Owner's Signature Date Applicant must have all submittals into the City offices 25 I’ays before the Planning Commission Meeting. Planning Comr-^slon Meetings are held on the third Monday of each month. 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I^;x2-</)-^(B>^2.i\ .... ____ ^ 2« 2-0S. . . /I/ <2^ Di?-(14C C2 I >/ii^__ EuDd Cj2->-2-C)^2^0 jC=--------e=-^ ^ 2-*=^ ^/ 2'2.S‘^'’ ,.o------ ^ ^-xo—!----------------------------------------------------------------^------------^_y --------------------- -- _________ -==- COUNCIL MEETING JW 121909 cmroFORONO /O To: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Jeanne A. Mabusth, ^'lilding & Zoning Administrator Date: May 12, 1989 Subject: #1403 Erger/Wolfe/Schupp/Anderson - Crystal Bay Rd - Conditional Use Permit/Variance - Public Hearing The City Engineer has conducted the total review of this application because his review comments would have full control over the final implication of the restoration of the lakeshore banks. Please review his attached report (Exhibit A). List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E Exhibit F Cook's Report 5/11/89 Application Property Owners List Schupp Restoration Plan Erger/Anderson Restoration Plan Wolfe Restoration Plan Additional Coonnents and Planning Ccamission Reconmiendation - June 6, 1989 The Planning Commission unanimously moved to approve the variance/conditional use permit application subject to the City Engineer's report. The Planning Commission recommendation did include a reservation concerning the Erger and Wolfe properties in regard to the City Engineer's condition that the exposed wall be limited to 3'. The Planning Commission felt it appropriate in light of past applications dealing with erosion from the 1987 storm that the City work with the applicants to determine, upon completion of the road, what a feasible height of exposure would be. Staff has drafted three separate resolutions for the multiple properties involved in the application to facilitate the filing of the conditional use permit. A RESOLUTION GRANriNG A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.55f SUBDIVISION 8 AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE #1403 WHEREAS, Timothy R. Schupp and Richard A. Anderson (hereinafter "the applicants") are the owners of the properties located at 3215 and 3205 Crystal Bay Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the properties"); and WHEREAS, the applicants have made application to the City of Orono to permit land alterations that involve filling within the 0-75* lakeshore protected area, where none is allowed per Municipal Code Section 10.55, Subdivision 8, and because the filling involves more than 100 cubic yards, a conditional use permit is required per Section 10.03, Subivision 19. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning Pile #1403 2. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 15, 1989 and recommended approval of the variance and conditional use permit as proposed by applicants, based on the following findings: A) The land alterations requiring fill within the lakeshore protected area resulted from a severe storm that eroded the original lake bank and stairs to the lakeshore. B) The repairs are necessary to conpiete the restoration of the road bed adjacent to the lakeshore property. Page 1 of 5 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditionSf light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council finds that granting a conditional use permit to allow the land alterations as proposed will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.55, Subdivision 8 to allow filling w*thin the lakeshore protected area, and per Municipal Zoning Cod Section 10.03, Subdivision 19 grants a c;*>ditional use permit vo allow filling in excess of 100 cubic yards within the lakeshore protected area, subject to the following conditions; 1. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit for the retaining walls within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (June 12, 1990). 2. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 2 of 5 3. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 12th day of June, 1989. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) TTATE op MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of June, 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 Corr.iLiion Expires Page 3 of 5 EXHIBIT A P.I.H. 17-117-23 41 0010 Lot 1, Block 2, Townsite of Langdon Park, commencing on the southwesterly line of Lot 1 at a point distance 213.14 feet northwesterly from the intersection of the southwesterly line of Lot 1 extended and the northwesterly line of right-of-way of Great Northern Railroad, thence northeasterly at an angle to the right of «2 degrees 55 minutes a distance of 180 feet ^:o the actual point of beginning of the tract to be hereinafter described thence continuing on last described course 60 feet, thence southeasterly 263.2 feet to a point in the northwesterly line of said railroad right-of-way, distance 140 feet northeasterly of its intersection with the southwesterly line of Lot 1 extended, thence southwesterly along said right-of- way line 35 feet, thence northwesterly 247.7 feet to the actual point of beginning also all that tract of land lying between the above described tract and Lake Minnetonka and between the easterly and westerly lines of said tract extended, Hennepin County, Minnesota; AND P.I.H. 17-117-23 41 0011 Lot 1, Block 2, Townsite of Langdon Park, commencing at t.he point of intersection of the northwesterly line of the Great Northern Railway right-of-way with the southwesterly line of Lot 1 extended, thence northwesterly 213.14 feet along said lot line, thence northeasterly 240 feet at an angle of 82 degrees 55 minutes to the right to the actual point of beginning of the land to be described, thence southeasterly 263.02 feet to a point in the northwesterly line of said right-of-way distance 140 feet northeasterly from initial point of beginning, thence northeasterly along said right-of-way line to the east line of Lot 1, thence north along said east line of Lot 1 to lakeshoro, thence southwesterly along said lakeshore to a point in the northwesterly extension of the line running from the actual point of beginning to said point in the northwesterly line of said railroad right-of-way distance 140 feet northeasterly from initial point of beginning, thence southeasterly to beginning, Townsite of Langdon Park, Hennepin County, Minnesota. A RESOLUTION APPROVING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 8 AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE #1403 WHEREAS, C. William Wolfe (hereinafter "the applicant") is the owner of the property located at 3255 Crystal Bay Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant has made application to the City of Orono to permit land alterations that involve filling within the 0-75* lakeshore protected area, where none is allowed per Municipal Code Section 10.55, Subdivision 8, and because the filling involves more than 100 cubic yards, a conditional use permit is required per Section 10.03, Subivision 19. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This ai ■'cation was reviewed as Zoning File #1403 2. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 15, 1989 and recommended approval of an amend proposal approving the variance and conditional use permit, based on the following findings: A) The land alterations requiring fill within the lakeshore protected area resulte*.^ from a severe storm that eroded the original lake bank and access stairs to the lakeshore. B) The repairs are necessary to complete the restoration of the road bed adjacent .vv the lakeshore property. Page 1 of 4 4. The City Council finds that the conditions existing on this property are peculiar to it and do nc ; apply generally to other property in this zoning district; that granting the variance vould 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 with the spi.;it and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council finds that granting a conditional use permit to allow the land alterations as proposed will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council her^-by grants a variance to Municipal Zoning Code Sections 10.55, Subdivision 8 to allow filling within the lakeshore protected area, and per Municipal Zoning C?de Section 10.03, Subdivision 19 grants a conditional use permit to all'^w filling in excess of 100 cubic vards within the lake-ihore protected area, subject to the following conditions; 1. City staff to work with applicant to resolve maximum height for exposure of retaining wall installed within adjacent road bed and the access stair to lake to be redesigned so that proposed retaining wall is not necessary. 2. 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 for the rcraining \ ills within one year of the date of Council approval, or the special conditions of this resolution w;i . I expire on that date (June 12, 1990). Page 2 of 4 3. 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 author**-y 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. Adopted by the Orono City Council on this 12th day of June, 1989. ATTEST! Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) STATE OP MINNESOTA ) ) COUNTY OP HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 12th day of June, 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 3 of 4 EXHIBIT A P.I.H. 17-117-23 41 0012 Lot 1, Block 2, Townsite of Langdon Park, that part of Lot 1 and of Northern Avenue now vacated described as beginning at the point of Intersection of the northernly right-of-way line rf Great Northern Railroad Company with the southernly extension of the dividing line between Lots 1 and 2, thence northwesterly along said line a distance of 213.14 feet, thence northeasterly deflecting right 82 degrees 55 minutes a distance of 90 feet, thence southeasterly In a straight line to a point In the northerly right-of-way line of said Great Northern Railroad Company which point is 52.5 feet northeasterly measured along said northerly right-of-way line from the point of beginning, thence southwesterly along said northerly right-of-way line 52.5 feet to the actual point of beginning, also that tract of land lying between the northerly line of the above described land and the shore of Lake Minnetonka and between the northwesterly extension of the easterly and westerly lines thereof, Townsite of Langdon Park, Hennepin County, Minnesota. A VARIARCB TO miHICIPAL ZONING CODE SECTION 10.55t SUBDIVISION 8 AND GRANTING A CONDITIONAL USB PERMIT PER SECTION 10.03r SUBDIVISION 19 PILE #1403 WHEREAS, Leroy J. Erger (hereinafter "the applicant") is the owner of the property located at 3265 Crystal Bay Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit Ar attached (hereinafter "the property"); and WHEREAS, the applicant has made application to the City of Orono to pemit land alterations that involve filling within the 0-75' lakeshore protected area, where none is allowed per Municipal Code Section 10.55, Subdivision 8, and because the filling involves more than 100 cubic yards, a conditional use permit is required per Section 10.03, Subivislon 19. MOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS 1. This application was reviewed as Zoning File #1403 2. The property is located in the LR-lC Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 15, J989 and recommended approval of an amended proposal approving the variance and conditional use permit, based on the following findings; A) 'ihe land alterations requiring fill within the lakeshore protected area resulted from a severe storm that eroded the original lake bank and access stairs to the lakeshore. B) The repairs are necessary to complete the restoration of Jbhe road bed adjacent to the lakeshore property. Page 1 of 4 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring 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 pro»^,irty right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council finds that granting a conditional use permit to allow the land alterations as proposed will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.55, Subdivision 8 to allow filling within the lakeshore protected area, and per Municipal Zoning Code Section 10.03, Subdivision 19 grants a conditional use permit to allow filling in excess of 100 cubic yards within the lakeshore fc^rotected area, subject to the following conditions: 1. City staff to work with applicant to resolve maximum height for exposure of retaining wall installed within adjacent road bed. 2. 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 for the retaining walls within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (June 12, 1990). Page 2 of 4 3. 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. 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. Adopted by the Orono City Council on this 12th day of June, 1989. ATTEST: 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 12th day of June, 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 3 of 4 EXHIBIT A P.I.H. 17-117-23 41 0014 Lot 2, Block 2, Townsite of Langdon Park, and the northeasterly 60 feet Including adjacent vacated street, Hennepin County, Minnesota. I/]I Bonestroo Rosene Anderlik & Associates Engineers & Architects Ono O Bon«BDa PC (tooen W itotfne PE joitpn C Anaefiik PE BrMtofO A Lemt»*g, PE fhcnjra E Tufne* PE Jam« C Oijon PE Glenn 9 Coo«- PE Tnoftuj £ No>«v PE snoeti G ScnuncnJ, PE VUrvm L iorifju P£ Keen a GoxMn PE ihcnjuj \U Foitef PE Don*> C Bu-gan* PE jeny A Bounjon PE Mark A H«nton PE >0 K PE MKMei r Paumanr. PE Sooen R P^flene. PE Oavid O Loikou. PE Thomai W «Menon PE Mrnae* C lyrxn PE jamn tf Mauno PE Kenrytn P Amltnon PE Keen A Bacnmann PE Vlan, R RoRv PE Roce*t C RuiiCfc AIA Thomaj E atkjuv PE Howani A San*o»d. PE Oan*< J E<jgenon. PE Mark A $e« PE pn*p j Caswee PE Mark O PE rnotrun ‘i *na* “n A i A Gary f fytx Cnanei A Erckion teo M Paaietiky Harta- M Ohon Soi»i M Eeenin C PA f May 11, 1989 City of Orono Box 66 Crystal Bay. MN 55323 Attn: Jeanne Mabusth Re: 139-1403 Crystal Bay Road Storm Damage Repair Dear Jeanne: We have reviewed the lakeshore restoration work proposed on the Wolfe (3255 Crystal Bay Rd.), Schupp (3215 Crystal Bay Rd.) and Erger (3265 Crystal Bay Rd.) property. The exposed wall should not exceed three feet in height along the Wolfe and Erger property. We would recommend that the stairway on the Wolfe property be modified to provide a single landing area similar to the Erger submittal. This would eliminate the retaining walls shown by the property owner. The landscaping proposed on the Wolfe and Erger property should help to camouflage the wall as well as provide bank stabilization. We would recommend more coniferous plantings with adequate vertical height to break up the wall during the winter months. We would recommend that the City approve a concept plan for the restoration work and then require a more detailed plan of the stairway construction, plantings, erosion control during construction and time schedule. If you have any questions, please contact this office. Yours very truly. BONESTROO. ROSENE. ANDERLIK & ASSOCIATES. INC. Glenn R. Cook GRC:ci 2335 West Highway 36 • St. Paul. Minnesota 55113 • 612-636-4600 CIT7 OF OROHO - GRNERAL LAND USB APPLI PROPERTY LOCATION 0 Sii-e Address ^ Property Identification Number (P.I.D.) _ _ _ _ Please check one - Property abstract or K-torrens? (for Conditional Use Applications only) Please attach legal description to application if not inclj^e^^^y — on required survey. ^ Name Address etc/d Phone (home) y ^ Phone (work) City C^P'O^Cf Zip CC;^/ ^ ONNER (if different than applicant) Name _ _ _ _A^J _ _ _ _ Address Phone (home) Phone _ _ _ _ City _ _ _ Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USB PERMITS - Renewal Fee - 1/2 Current Fee After--the-Fact $100.00 Fee - a) $150.00 b) $150.00 c) $250.00 d) $200.00 f) PRD/PID - see ; I Tlmw Comnercial/Industrial Use Land Alteration ■ .. .C r • !. L. *1 .. W' V 9 V — i.'» V • etc.r,-| • V A£CX I- i't V .-IlX ivn.: r-’d: /v : 7;: ■‘‘i; ■ Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75* of lakeshore OTHER APPLICATIONS _ _ _ _ $150.00 Commercial Site Plan Review (+ consultant fees) _ _ _ _ $250.00 Vacation _ _ _ _ $150.00 Easement Vacation _ _ _ _ $ 50.00 Easement Vacation With Subdivision _ _ _ _ $250.00 Rezoning _ _ _ _ $100.00 Appeals _ _ _ _ Other - see fee schedule PRESENT r Pre£ F PROPERTY oning District ■LkF! Present ’se of Property CSesid^tial^ Other (specify) DESCRIPnOH OP REQUEST ^ L / ^ >5?^ A/ Describe request in »,.ail: (O"o<r>y/ Jif .W . REQUIRED SUBNITTRIiS 1. K^ompleted Application Form. 2. Certified Property Owners List of owners within 350* (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 3. Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 6. Construction plan, if applicable (see staff for requirements). 7. Plat Map. 8. 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 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_________________ 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 nest of his/her )cnowledge. Applicant's signature .Date rjees to this application and further , OWNERS SIGNATURE The owner hereby acknowledgers a authorized reasonable entry onto thb^property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and ^ Owner's signature n,^''Z?'— 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 advise the Building & Zoning Office of this change prior to the meeting. CERTIFICATE OP NAILING STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO ) 8S. ) ) I Jamie Bosma of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1403 Richard Andersen was mailed to the attached list of property owners. In Witness Whereef, I have hereunto set my hand and sea"* this 25th day of May, 1989. Jamib Bosma, Secretary #1403 Property Owners List for Application #1403. Within 350* of 3205, 3215, 3255 & 3265 Crystal Bay Road. 17-117-23 41 0009 DuWayne L. Schibilla 3235 Crystal Bay Road Wayzata, MN 55391 17-117-23 41 0013 Mark C. Zagaria 1526 21st Ave. N E Rochester, MN 55904 17-117-23 41 0015 Thomas E. McCue 3285 Crystal Bay Road Wayzata, MN 55391 17-117-23 41 0016 Robert Hegerman 3309 Crystal Bay Road Wayzata, MN 55391 17-117-23 41 0003 Jayne Paasch 2150 Kenwood Way Wayzata, MN 55391 17-117-23 41 0002/3 Donna E. Kabanuk 6931 Dallas Road Minneapolis, MN 55430 17-117-23 41 0004 Star & Tribune Emp Credit UN 425 Portland Ave. Minneapolis, MN 55188 17-117-23 41 0005/6 Paul Holmberg 17881 9th Ave. N.E. Poulsbo, WA 98370 '«.»*■ '•',;».<»•/•. J COUNCIL MEETING Mayor Grabek & Orono Council Members City Administrator Bernhardson JUN 121989 Wrtmi Date: Subject: Michael P. Gaffron, Asst Planning & Zon June t, 1989 #1404 John Miklethun/Harold Haug, 1385 Cherry Place - Variance - Resolution Soning Dietrict - LR-IB, Single family lakeshore residential, 1 acre. Application - Lot area variance to construct single family residence. List of Exhibits Exhibit A - Proposed Resolution Exhibit B - Notice of Planning Commission Action 5/16/89 Exhibit C - Memo & Exhibits of 5/9/89 Discossion - Please review the memo and exhibits of May 9, 1989. This is a request to allow construction of a single feunily residence on a lot of 0.456 acres where 1.0 acres is normally required. No other variances are necessary in order to construct a house on this property. The Planning Commission reviewed this application at their meeting of May 15, 1989 and recommended 6-0 to approve, finding that: A) Municipal sewer is available and has been assessed to the property. B) A house existed on the property since prior to 1956. That house was removed in 1986. C) There is an existing well on the property. D) The proposed house easily meets the allowable hardcover limitation. E) All setbacks from lot lines are met. P) At just under 1/2 acre, this lot at 19,873 square feet is about average for the neighborhood, in which existing developed lots range from 11,500 square feet to 40,000 square feet in area, and in which the average lot size is 20,764 square feet. ^ G) This lot is typical of buildable lot sizes granted variances in contemporary times in the LR-IB zone. H) No additional land is available. u Zoning File #1404 June 6, 1989 Page 2 of 2 Staff R<idaticn - Staff recommends approval per the Planning Commission recommendationr per the attached resolutionf which notes the following conditions of approval: 1. Well pit shall be filled and made non-hazardous as part of the house construction and prior to issuance of the Certificate of Occupancy. 2. No further variances to be granted for this property. 3. Driveway access location to be reviewed and approved by Public Works Director. 4. Standard $225.00 sewer unit charge to be paid at the time of building permit issuance. A RBSOLOTION GRAMTIIIG A VARIANCE TO NIINICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) FILE #1404 WHEREAS, John D. Miklethun (hereinafter "the applicant") has an Interest in the property located at 1385 Cherry Place within the City of Orono (hereinafter "City") and legally described as fellows: Tract B, Registered Land Survey No. 615, Piles of the Registrar of Titles, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municxpal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a single family residence on a lot of 0.456 acres (19,873 square feet) in area, where a lot size of 1.0 acres (43,560 square feet) is normally required for construction of a single family residence. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1404. 2. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 15, 1989 and recommended approval of the proposed variance based upon the following findings: A) Municipal sewer is available and has been assessed to the property. B) A hous<^ Isted on the property since prior to 1956. Tha+ :e was removed in 1986. C) There is an existing well on the property. Page 1 of 5 D) The proposed development of the property falls well within the requirements for limitation of hardcover on the property. E) The proposed residence meets all required lot line setbacks. F) The lot size is typical of the neighborhood, being 19,873 square feet or 0.456 acres. The range in neighboring developed lot sizes is from 11,500 square feet to 40,000 square feet, with an average of 20,764 square feet. G) This lot is typical of buildable lot sizes granted variances in contemporary times in the LR-IB zone. H) No additional land is available. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant^ and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a single family residence on this lot of 0.456 acre where a lot size of 1.0 acre is normally required for construction of a single faunily residence, subject to the following conditions: Page 2 of 5 1. The existing well pit shall be filled and made non- hazardous as part of the house construction and prior to issuance of the Certificate of Occupancy. 2. No further variances shall be granted for this property. 3. Driveway access location shall be reviewed and approved by the Public Works Director prior to driveway installation. 4. The standard $225.00 sewer unit charge shall be paid at the time the building permit is issued. 5. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 12, 1990). 6. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 12th day of June, 1989. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Applicant(s) Page 3 of 5 STATE OF MINNESOTA ) ) SS. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of June, 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 4 of 5 CITY OF OROHO P.O. Box 66 Crystal Bay, MN 55323 ZONING FILE NO. 1404 NOTICE OF PLANNING COMMISSION ACTION 473-7357 Date of Notice: 5/16/89 TO:John D. Miklethun COPIES TO: Harold K. Haug 218 Glenmoor Lane 6804 Hillside Lane Long Lake, MN 55356 Edina, MN 55435 TYPE OF APPLICATION: Variance DATE OF MEETING: 5/15/89 VOTE: 6 For 0 Against Planning CoBBisslon reconnends the follGfwing: Approval as submitted NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as: City Council Monday, June 12, 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 appro'^al by the Planning Commission. To: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Proa: Michael P, Gaffron, Asst Planning & Zoning Administrator Date: May 9, 1989 Subject: #1404 John Miklethun/Harold Haug, 1385 Cherry Place - Variance - Public Hearing Zoning District - LR-IB, Single family lakeshore residential, 1 acre. Application - Lot area variance to construct single family residence. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Hardcover Calculation Exhibit F - Original Subdivision (1956) Exhibit G - Council Minutes of 11/12/56 Pertinent Pacts - 1. Lot Area Required * 1 acre, 43,560 s.f. Lot Area Existing = 0.456 acres, 19,873 s.f. 2. Municipal sewer is available and has been assessed to the property. 3. A house existed on the property since prior to 1956. That house was removed in 1986. 4. There is an existing well on the property. Adjacent to the well is a well pit which is in a hazardous condition and must be filled in. It is anticipated that the tanks, etc. that are located in the well pit will be relocated to the basement of the proposed house. 5. The applicants have provided proposed hardcover calculations indicating that in this 250-500* zone, where 30% hardcover would normally be allowed, the proposed house and driveway will comprise 16% hardcover, being well within the requirements. 6. Because this is a corner lot, the setbacks from **Spruce Place** and Cherry Place would be 35*, with 10* setbacks required from the west and north lot lines, residence meets all required setbacks. The proposed Zoning File #1404 May 9, 1989 Page 2 of 2 7. In lot area, this lot is typical of the neighborhood. The average lot size of the immediate neighbors who were notified of this application (see plat map) is 20,764 s.f. The range in neighboring lot sizes is 11,500 s.f. up to 40,000 s.f. 8. This lot is typical of buildable lot sizes granted variances in contemporary times in the LR-IB zone. Discussion “ This lot was created through a subdivision approved by the City Council in 1956, that created Tracts A, B and C (see 1956 survey). That subdivision separated the pre-existing house and its garage, which was remodeled into a full scale residence. The house on this property fell into disrepair in the early 1980s and after much effort by the inspections department, the house was demolished in 1986. No discussions regarding future buildability of the site have been documented. This would appear to be a very reasonable building site, and the neighbor directly to the west is pleased that the construction of the new residence will be located so as to maximize open space between the new house and the neighbor's house. It is anticipated that the existing well would continue to be used. Staff Recn—r nd ation - Staff would recommend approval of the lot area variance at 1385 Cherry Place, subject to the following conditions: 1. Well pit shall be filled and made non-hazardous as part of the hcuse construction and prior to issuance of the Certificate of Occupancy. 2. No further variances to be granted for this property. 3. Driveway access location to be reviewed and approved by Public Works Director. 4. Standard $225.00 sewer unit charge to be paid at the tima of building permit issuance. / W M. . . . — 7 —jtl-tjv-* i 'f CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After-the-Fact Fees (Double application fee) 1404 PROPERTY LOCATION Site Address wi / » i. A u'l’wA'-v ■L Jw. - i.'V vvO ^>i i5?.\ ?5. Property Identification Number (P.I.D.) O? - / /"? - 2.33Z99 9 rui ^ :ooi :^01 Please check one - Property abstract or torrens?V-T/' i Attach legal description to application if not included on required survey. APPLICANT Phone (home) V74 ^ N2une ^OHl^ X^. /^) KL£"7"H Phone (work) Address; 2&’L^7Jr^00^. L>A/\/^City; L^0N&' Zip; OWNER (if different than applicant) Phone (home) •* Name Hil) K . _ _ _ _ _ _ Phone (work) 2if ^ L ^ Address; City; £~(^/A/7^ Zip; S~S'y3 Date Property Acquired _ _ _ _ _ _ _ _( ^ Q_ _ _ _ (month/year) I (do)<^|^ not^also own the adjacent parcels of land. PRESENT OSE OP PROPERTY Present Zoning District _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Present Use of Property Residential Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $ Describe request in detail; VARIANCES REQUIRED \/^ Lot Area Setback Variances ( Other Lot Width Front _ _ Hardcover Side Rear) EARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations_ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OF OHUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements_ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ REQUIRED SUBMITTALS /^l. Completed Application Form Certified Property Owners List of owners within 150* (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 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). Certificate of survey including hardcover calculations as required. TnpngripKic survey (existing and proposed elevations) if any changes in existing grade are proposed. Plat 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. Additional items as may be requested by City staff. X2. 3. ^4. 5. A.6. 7. 8. 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 knowledge. /O // Appl;-»cant * s Signature 1 Date _ OWNERS SIGNATURE / * ^ The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the propefity by City staff, consultants, agents. Commission members, and Council members for purposes of investiga ­ tion and verification of this request. Owner's Signature Date '4/i^/n Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting i t Ls si IP ^ -I U M lA O < < i-l o oe DC ^ M M Uia“'33as •8 &sg M M Khh ag-g ‘’i8 1S«»3;;'a <r < < !h S 8 O iU UJ 2 S o I -I M in ^aiMg >■ fc fc J w SagSS iS.xS, i 55§* O II) Ul III Q o> ^ ^ II) 2«S^^8§m e u u ^ X sa s I ?pPa s*<>aa i T““go a </) o> _ M UJ Ui IM Z sSiilsg 8 s 8 gas?: « O U .1^ K) M O < < M oe si o < t ^ 8S?nS8;:i A.s^ O “-.88 M a < < «^x2 M oe a o N IX -I -I s«ii tt oe oc SglUUJ ^ K) W l/>s s < II) g .j K) < Ul 8 X a II) M33 1=oSS;^8S ac a et agz^< N M O O _J N a ^ . .K) < a « <« ^ m Ul Sg “ln“*a rl^SSSe p< u ►- z « _ 3r^S « oX pX l-.s X < UJ M 5< go ^ I u LAND SURVEYORS JlttXtf (^0iUSt(X€. Pxe4. 8713 OllPONT AVENUE SOUTH BtOOMINOrON. MiNN. 55420 808 2084 ^1404:''HAROLD K. MAUG Scale: 1"=30' NOTE: Area is 19,873 Square feet or 0.456 Acres. U] <5! is boundaries oYthMand^liilve des^ correct representation of a survey of the and all visible encroachme.L if any location of all buildings, if a.,y, thereon of Apr i 1 f»o*n or on sai^ and. Dated this 14th day HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 500-1000' Existing H ardcover in Zone A. H ouse ^ x _____• '/S'OQ LENGTH E. Patio / D eck F.Landscape AREAS underlain BY , . plastic sheeting G. Other - S.F, WIDTH B. G arage 2. V c. D riveway , X X X X X . - X D. Sidewalk X X X - X - X X X #1404 'Z2. ?-Z S.F. S.F. ^S.F. 75“ _ S.F. _ S.F. _ S.F. . S.F. . S.F. . S.F. . S.F. S.F. S.F. S.F. S.F. Total Hardcover in Zone - Total Property Area in Zone - _ _ ^ 3Oj3 ^ [Y[ Iij73 X 100 3093 S.F. ( U. ^73 S.F.B IL Description! , . . xi. ^ Lots 5 and 6, Block 12, Saga Hill Reriaed, Hennepin County, Minnesota; and that '.’part of the HE 1/4 of the SE 1/4 of Section 7, and Lot 4, Section 8, T117H, ' X^eoiEBBneing at the SW corner of Lot 7/Block 11, of Saga Hill ReTiaed, Hennepin - Coimty,VMlxm j MW corner of Lot I,' Block 4, "Crystal Bay View", _ /•■'Hennepln^^unty, Minnesota;'thence W to road; thence Hly along road to.SW ooriMT •--s^iei^i" * 40»--- ^ 'S»totar "r Ov^* I -Iron mrker - " '/ ; •* ?V-Hotel Reg. No. 1342‘ This* '^at is to be uaed only for study purposes by the Orono Planning ' . Coimnlselon and Council. It shows the proposed divlalon of the property owned by Mr. "Ted" ^taixwell in Saga Hill Rerlsod. Moot of Tract C is now being used as a public road and should be deeded to the Village for that purpose. ; •r.Tract A has an area of 12,500 sq. ft. Mlniaon area for new platting is. 15,000 /’sq. ft. However, Lot 6 of the original platting, and which forms a part of this survey, is only 11,000 sq. ft. ' Ibrcel B contains 19,500 sq. ft. w_ _.♦ • village of Orono Crystal Bay,Minnesota. Minutes of raeetlng held In the Village Hall on November I2th,I966,7:30 Pm * Present; H n.Ross,Mayor;R.C.Bagley,K.Tumnam,R.Neddermeyer,E.OWood,Trustee*‘ G.A.Hanson,As8essor;A.G. Stinson,Foreman;G-erald Ross,Constable -A. O.E. Johnson,Clerk. * ^ Minutes of meeting held on October 22,1956,were approved. A report from the County Park Committee was discussed by. Council , - Moved by Turnham,seconded by Bagley,that we secure further Information froa * Secry.Nelson of the Hennepin County League of Towns Aliun.as to the present _ status and his recomendatlon before further action by Council,Motion approved Petition of Mrs.Maud A.Johnson and others,relatlve vacatlor of a portion of Portland Place,Saga Hill Revised,was dlscussed.One of co-slgners of this petition had agreed to an easement for George Heathcock for access to his property,but so far this had not been taken care of.Until this Is done no further action will be taken by Council and Atty.Gratnwol,representing Mra.Johnson,will be so notified. [Council approved the purchase of 15 tons of rock salt for sanding purposes qio?a?IorsSLltt;rbriel?2i.e1uvorvedf" Bay.caee^on the lowest On motion of Neddermeyer,seconded by Turnham,tne. granting of subdivision of property of Clegg F.Maxwell located on West Arm on County Road 43 was approved. ' Messrs.Nelson and Olson,residents of Livingston Ave.at Navarre,were present complaining of vandalism by minors and requested the Installation of a street light In that locality and the possibility of Increased police supervision.The Installation of a street light was taken under advisement and Constable Ross will confe^^wlth Deputy Sheriffs for Increased policing supervision. Trustee Bagley reported that a public meeting has been called to convene School at 8:00 on November 28th by tne Orono Taxpayers Assn.The Village council will be invited to attend and participate In the discussion involved. Tne appointment of a village attorney,to replace John Plllsbury.was dlscuse.d and Council agreed to Invite Norman Newhall to attend our next meeting for a conference before any definite appointment Is made. On motion,seconded and approved,Verified Accts.Nos.556 thro 620 were passed for clearance of current bills. t)elng no further business to come before the meeting,upon motion duly made,seconded and carried,the meeting adjourned. O.E.Jonnson,Clerk. 3^' Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson COUNaL MEETING JUH 121989 CITY OF ORONO r Date: Subject: Jeanne A. Mabusth, Building & Zoning Administrator May 11, 1989 ♦1406 Dennis Kumlin, 2665 Pox Street - Preliminary Subdivision - Public Hearing Review of Application - Applicant has filed a renewal preliminary subdivision application of a three-lot plat (original application #1047 received preliminary approval from the Council on August 11, 1986). Preliminary approval expired August 11, 1987. Applicant proposes no changes from original subdivision application. Zoning District - RJR-IB Application - Subdivision plat three lots Area: Total ■ 7.49 acres Wet ■ .21 acres Dry ■ 7.28 acres (all lots contain required 2 acres oi dry contiguous land) List of Exhibits - Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I - Application Property Owners List Plat Map Planning Commission Minutes of 7/21/86 Resolution #2031 Additional Information for Septic Design on Lot 2 Survey Confirming Separation from Wetlands Staff Memo of 7/16/86 Preliminary Plat Please review Resolution #2031, Exhibit H, that set forth the findings and conditions for preliminary approval of the original three-lot plat. Condition #1 of that resolution that required additional septic design information and confirmation of the 75* setback from wetlands for Lot 2 has been satisfied by applicant (review Exhibits P & G). Zoning Filfe #i;406 Nay 11, 1989 ’0 YM3 Mr. Kumlin has advised staff that he is concerned that the Trees To Be plat now provides a through road configuration involving his prope.‘^y. Although this will not require additional dedication of road right-of-way for Mr. Kumlin# he is still concerned with the impact upon his residential lots to the east by the potential through road. As far as staff can determine the only impact or change resulting from the subdivision to the south will be the question of the standards originally approved for the private road serving Nr. Kumlin's three lot plat. The standards were set at a minimum because they were to only serve three lots and the City had made a decision not to acquire additional right-of-way to the southern lot line. The minimum standards approved for the private road were as follows: 24* Base 20*3" Bituminous Covering (bituminous curbs 20* finished width between curbs) 40* Finished Cul-de-sac Prior to scheduling the subdivision before the Council# staff will meet with the applicant to determine what# if any# the through road configuration will have on the original standards approved for his private road (cul-de-sac 400* length). Except for Conditions 1 and 9 of the enclosed approving resolution# all remaining conditions are applicable for this review. Staff will be able to provide more information regarding any cha^ges to the original standards approved for road construction by our meeting night. Zoning File #1406 Additional Comments and Planning Commission Recommendation June 8, 1989 The applicant sought clarification on the status of his plat road serving three lots now that the Trees To Be plat provided a future connection or loop road to County Road 84. Staff advised that there was no intention on the part of the City to create a through road at this point or in the foreseeable future. The applicant advised that the developer of the Trees To Be plat had stated that the through road would be installed as soon as the larger lot to the east was developed. Once again staff advised the applicant that this was never a condition of the subdivision approval of the Trees To Be plat. At the time of the preliminary approval of the original three lot plat application in 1986, it was not the City's intention to acquire additional right-of-way through to the southern lot line and the specifications and standards for the private road construction were set at minimal levels: 24* base 20* paved surface - curb required (20' finished width between curbs) 40* paved cul-de-sac The Engineer has reviewed the current subdivision application in light of the potential for a future through road and now requests that the standards for the construction of the road be upgraded as follows: Urban Section - Paved road with curb - 28* paved surface (finished width between curbs) Cul-de-sac - 40* paved Rural Section 24* pflved surface; 3* shoulders Cul-de-sac - 40* paved The applicant will be given the choice of selecting either the rural or the urban section for the roadway serving three lots. The preliminary subdivision resolution has been written providing the available options to the applicant. The City Engineer will be present at the meeting to answer any questions the applicant may have concerning request for upgraded standards. The Planning Commission recommended unanimous approval of the three-lot plat application of Dennis F. Kumlin. The enclosed resolution has been drafted per the findings and conditions of the Planning Commission's recommendation. A RBSOLDTION 6RAHTING PRELIMINARY PLAT APPROVAL OF A PROPERTY LOCATED AT 2665 POX STREET FILE NO. 1406 WHEREASr Dennis F. Kumlinr on April 21, 1989 filed a formal subdivision application with the City for approval of a three lot plat of a property legally described as Lot 2, Block 1, Foxwood, Hennepin County, Minnesota (hereinafter "the property")? and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on May 15, 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 June 12, 1989, the Orono City Council consMered the subdivision application of Dennis F. Kumlin (hereinafter "the applicant"), noting the following findings of fact: 1. The property is located within the RR-lB Single Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 7,49 acres - .54 acres of wetlands and 6.95 acres of dry. Each lot satisfies the standards of 2 acres of dry contiguous land. I 3. All three lots shall be served by a private road that will reduce the number of curb cuts onto Fox Street. 4. Each lot cannot meet the required 2^' of frontage along a public road. 5. The access location of the private road onto Fox Street has been found to satisfy all sighting standards for a 35 mile per hour road. 6. A single family residence can be constructed on Lots 1 and 2 without the need for further variances. Page 1 of 4 7. Septic testing has confirmed that Lot 3 has adequate and suitable area for future septic expansion needs. 8. Septic testing has confirmed that Lots 1 and 2 have adequate and suitable area for both the principal and alternate drainfields meeting all standards of Orono's 0n~ Site Septic Codes. MClf, THBRBPORB BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of Dennis P. Kumlin involving the property located at 2665 Fox Street per the preliminary plat drawings by Coffin and Gronberg, Inc., dated August 22, 1984, revised July 18, 1986, and further grants a width variance for Lots 2 and 3 as the lots do not meet the required width at the 50* front setback line, subject to the following conditions: 1. Applicant to grant access and utility easements over private road outlot (draft copy submitted by applicant). 2. Applicant to submit proof that private covenants will ensure future upkeep and maintenance of private road (draft copy submitted by applicant). 3. Access to Lots 1, 2, and 3 must be via private road. No direct access onto Fox Street allowed. 4. Applicant has following options regarding specifications/standards for private road construction: Rural Section - 24* paved width 3* shoulders 40* paved width cul-de-sac OR Urban Section - 28* finished width between curbs 40* paved cul-de-sac 5. Applicant*s to execute a Developer*s Agreement and post appropriate security for all road improvements not completed by the final plat approval (see sample enclosed). 6. City to ask for a Flowage and Conservation Easement over wetlands area (draft copy submitted by applicant). Page 2 of 4 7. Prior to the installation of the private road, all engineering plans and specifications for the private road must be reviewed and approved by the City Engineer. 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"*20C*. Drawing to include; a) Lot lines platted per preliminary survey. b) Dedication of "drainage and utility easements" 10* wide along all perimeter property lines and 5* each side of internal property lines - omit along wetlands in Lot 3; c) Wetland areas to be designated as drainage easements on the plat and to be described in angles and bearings. 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 recorded easements currently affecting the property. c) Signed and executed Flowage & Conservation Easement, Road & Utility Easement, Private Covenants for Road Maintenance and Upkeep, Developer's Agreement plus Letter of Credit for all outstanding impj;ovemen'.s not completed (Letter of Credit to be written at 150% of the cost of the outstanding improvements). C. FEES TO BE PAID; Total Due $1,300.00 a) Park dedication fee per current schedule; $200.00 for each newly created lot » $400.00 Page 3 of 4 b) Engineer review and inspection fees per current schedule at $600.00. b) Final plat fee of $150.00. c) Filing fee for mylars, plat resolution, covenants and easements at $150.00. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 12th of June, 1989. Jsunes 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 12th day of June, 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 4 of 4 pc*Receipt - CITY OF OROHO - SOBDIVISIOH APPLI PROPERTY LOCATION Site AddresF /h Z(eCc=><^ FC>)C S> w=- :P: c^1-1 n - 2^?:r.v Property Ide.'it ifi cation Number (P.I.D.) Please check one - Property abstract or _ _ toriens? i i :et! 3. ’3TAL -*:c. :•<3H ' w f -r.-; - - V « \Attach legal description to application. _______________________r.' APPLICANT Pi. (home)%i -A* - j I V • : • Name D £/U A/ I 5 F L/Phone (work) Address: JIf. C. ^ Fo'L Tcity: Q^O'^_ Zip: OWNER (if different than applicant) Ncune __ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ Phone (home) Phone (work) Address:City: (attach list if more than one) EXISTING LAND OSE Number of Tax Parcels Development Size Present Use (check) Acres Dry Land Acres Wet Land Acres Totalr all parcels Residential; no. of units Other (specify)_ _ _ _ _ _ _ Present Zoning District^ PROPOSAL Division for Tax Purposes ^ Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites: Proposed Gross Density: Minimum Lot Size: Proposed Use: (check) Existing Units New Units Total Units Units per _ _ Acres Sq Feet Dry Buildable Land Residential Other (specify)__ _ _ _ _ _ _ 2. 3. 4. nihuiom material hbcessary for complete prelimirary applicatioh 1. Completsd Applies*tion Form Preliminary Plat information on Certificate of S"' '®y- Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 343“3271)stamped, ’legal sized envelopes (#10) pre-addressed to each the names on the above list with no return address (use address labels obtained with property owners list). n 5, As an addendum to this application, please attach a separate list o£ ‘ any other persons you wish notified of this application. Certification by Zoning Department that Preliminary Plat Application is complete• Zoning Official's Signature__ _ _ _ _ ___ _ _ _ _ _ _ _ _ Date Pa^ent'of fees (park fees, filing fee, sewer and water assessments). Signed certificate of survey or mylar copies of formal plat. Title opinion. Easements, Covenants, etc. Developers Agreement and Letter of Credit. Certification by Zoning Department that Pinal Plat Application is complete, Zoning Official's Signature_ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ __— 1 2. 3. 4. 5. FEES $150.00 250.00 Sketch Plan Review (Class I, II & III) Preliminary Review (Class I & II Subdivision) Preliminary Review (Class III and all non-residential) 300.00 +20.00/Lot Final Plat Review (Class III) ♦(Plus any legal or engineering charges) 150.00^ Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant's Signature Owner's Signature Date Date Applicant must have all submittals into the City offices ft Pl2mning Commission Meeting. Planning Commission Meetings days before the are held on the third Monday of each month. Applicants must be present at review meetings of the Planning Commission and Council. If an applicant is ssir'i ‘.'ir" .v-nrirytu^'s . s*.!.. Office of this change prior to the meeting. CBRTIFICftn! OP NKILIII6 STATE OP miTOESOTA ) ) COOHTT OP HEimEPIB ) ) CITY OP OROIR> ) #1406 B I Janie Boaaa of the City of Orono, Hennepin Countyp Minnesota, do hereby certify that a Notice of Public Hearing concerning the aatter of #1406 Dennis Kumlin was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 25th day of May, 1989. s 78 S I* -..oo f • > > 8 « # I. »-o e K K 4dim -a S2i 8^^.- H M sefgfcS* 5i*’gsai *1sill M 9 3 « 8 8.^8C> 4( u. .>tn lu o <<si M m N <« «• > fsl > (M ^ 4 O O O M z ssssSi K p4 8 K\ ♦ M li. !32 88 M Ml 55Sir 882 O O •“"‘if sssi :l i M s N Is it i Iz a u zM Is I S— II. ‘TxSSk-'j ;8m-« j i OOK.^ >llll I o 8 8« Z z I. 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Ui M M « ^ giss staa 6 I- ’/f Zoning File #1047 August 5r 1986 Page 3 or 3 TliS !TIS m 8£IS Additional Comments and Planning Commission Recommendation The application provided a revised preliminary plat as requested by staff realigning the shared lot line of Lots 2 and 3 providing room for the future private driveway to the obvious house site to the south of Lot 2 and the septic test sites (see Exhibit D). In addition, the surveyor has expanded the wetland area on Lot 2 to more clearly reflect what actually exists on the site. Prior to final approval, applicant’s septic site evaluator must submit a revised site plan coiifirming test site area of Lot 2 meets required 75 feet setback from newly designated wetland and because of the topography (steep slopes) within septic test area of Lot 2, the evaluator must submit a septic design for the proposed mound system. Stiff has prepared the enclosed resolution that recommends preliminary approval of the 3 lot plat application of Dennis Kumlin subject to the finding and conditions set forth by the Planning Commission. Zoning File #1047 July 16, 1986 Page 2 of 2 iTis m J£i3immts Septic testing confirms each lot satisfies the septic standards. Staff i most concerned with the configuration of lot 2 in regard to the propose location c: all improvements and the obvious location of the driveway t the home site to the higher elevation to the south. Staff has asked tha the shared lot line be realigned to provide adequate area for the futur drive (see exhibit D). Staff has also inspected the designated wetlands area within lot 2 and ha determined after further consultation with the surveyor's field crew tha the wetland must be expanded along the western edge approximately 50' t 75'. Gronberg has confirmed that this would increase the wetlands area t approximately .45 to .5 acres within lot 2. Lot 2 would still maintain th required 2 acres of dry contiguous land. Staff has advised that th wetlands should be designated at the 931.5 elevation. Gronberg has state that the revised plans may be ready for our meeting but at a minimum he ha assured me that the wetlands area would be confirmed for our review. Staff RecooBDendation ~ To approve the 3 lot subdivision and variance application of Dennis Kumli finding all lot standards of the RR-IB district and standards of existin code have been satisfied. Approval is subject to the following conditions 1. Provide revised preliminary plan providing additional area to wes of septic test sites on lot 2 for future driveway. 2. Designate wetlands in lot 2 at 931.5 elevations and confirm tota wet area within lot 2. 3. Payment of Park fee at $400.00 ($200.00 for each newly create lot). 4. Wetland to be designated as drainage easements on the plat wit angles & bearings - City to request a conservation and flowag easement over wetlands. 5. City to ask for granting of road and utility easement over privat road outlot. 6. Applicant to execute Maintenance agreement for future upkeep o private road. 7. All access must be from private road outlot. No dii®pct access ont Fox Street allowed. ^ 8. Applicant must sucmit road name choices for new private road. 9. Private road to be constructed per following standards: 24* base 20* paved surface - curb required (20* finished width betwee: curbs) 40* paved cul-de-sac 7^ Mayor Butler Mark Bernhardson, City Administrator Orono Council Members Planning Commission Members ^!S l7!iD FROM: Jeanne A. Mabusth, Zoning Administrator DATE: July 16, 1986 SUBJ: #1047 Dennis Kumlin, 2665 Fox Street - Preliminary Subdivision Applicant was granted preliminary approval of a 2 lot plat of the subject property on October 15, 1984 - application expired October 15, 1985 (review exhibit H). Zoning District - RR-IB Current Application - a) Subdivision - Plat - 3 Lots Area: Total ■ 7.49 acres Wet ■ .21 acres Dry ■ 7.28 acres b) Variance to required lot width along public road by proposing use of a private road to serve all three lots. List of Exhibits ~ A - Application B - Property Owners List C - Plat Map D - Staff sketch E - Watershed Drainage Patterns F - Wetlands mapping (elevations) G - Watershed Designations H - Section 11.33 Subd. 4 I - Former Plat J - Current Preliminary Plan Review of Ciirrent Application - Mr. Kumlin has applied for a subdivision of 3 lots now served by a private road. The lots all appear to satisfy lot standards of the RR-IB zoning district. The existing structures on lot 3 satisfy all setback requirements. The access location for the now private road satisfies all safety standards. In consideration of the enclosed wetlands mapping of the area (exhibits E,F & G) the City sees no need to acquire future corridors to south or west. Applicant should be advised that per Section 11.33 Subd. 4 (see exhibit H), a private road must be installed per standards set forth in subdivision code. Staff will suggest that in light of the three lot density and the limited area to be served that the following standards be applied: 24* base 20* 3 inch bituminous covering (bituminous curbs - 20* finished width between curbs) 40* finished cul-de-sac Culvert size at Fox Street to be reviewed by City Engineer :) - ^ I SITE PLAN FOR DENNIS KUP.IN OF PROPOSED LOT 2 3J<. Zi ' i Date : 8-8-86 Scale: I" = 50' 2^0 't '/VU7i/JAJpV TV rH*S''7s"‘ SEEN mOHlIilED SYSTEM DESIGN FOR DENNIS KUMLIN OF PROPOSED LOT 2 1. Percolation RatP, Type of System. 7.2 minutes per inch on the primary site. Pres! 2. Proposed Flow Rate. 3 bedrooms 0 150 G.P.D. * 450 G.P.D. 3. Mound Rock Bed Area Needed. 0.83 factor(using 12” of clean sand under the rock) x 450 G.P.D. = 375 Sq. Ft. = 10 feet wide by 37.5 feet long, 4. Dike Width Requirements. 1.52 basal width factor x lO'wlde rock bed » 15.2 feet minus the 10 foot bed = 5.2 feet on the downslope side. However, for a 3:1 slope minimum needed for a 3 foot high mound on an approximate 8% sideslope on the downstream side, 12 feet ia needed so the 3:1 requirement controls. ■= 5. Septic Tanks. Two septic tanks, the first of at least 1000 gallons and the second of at least 750 gallons are needed. In addition, a third pumping tank is needed to house the pump needed for pressure distribution. An alarm device is also needed to warn of pump failure. 6. Distribution. Distribution is to be by pressure through 3 perforated laterals spaced 40 inches apart in the rock bed. 7. Additional Information. All construction and materials should adhere to the provisions of the City of Orono. The alternate area must remain undisturbed should it ever be needed for use. The proposed driveway should be kept to the west as far as possible and runoff should be diverted from the drainfield area. If any other information is needed, please contact me. Sincerely, PERCOR, INC. Mark S. Gronberg ^ PCA certified CITY" OF ORONa City of OROINO RESOLUTION OF THE CITY COUNCIL “fjHSWjHS-BEH MSROFlUffii) 9 The DroDerty is surrounded by extensive wetland areas to the e Ld sout?" ^hfreviewing staff has determined that fu^ U would not be appropriate or feasible through this property. sow THEREFORE, BE IT RESOLVED that based upon either one or m approve “?heTel^m?nl/y pla^ further grants a street frontage variance for Lots 2 and 3 subject following conditions: 1. Prior to final plat approval, applicant's st^veyor must^ septic design for mound syste- on Lot 2 and confirm 75 foot separat between wetlands and proposed septic area, 2. Applicant to grant access ana utility easements over private r outlet (see form enclosed). 3 Applicant to submit proof that private covenants fiture^upkeep and maintenance of private road (sample enclosed your consideration). 4. Access to Lots 1, 2 and 3 must be via private road. No dir access onto Fox Street allowed. 5. Applicant must submit choices for name of private road prior final^plat approval for Council's review and recommendation (see f enclosed). 6 Private road to be constructed per standards 11,33, staff recommends the following based on limited to e this road: 20' paved surface - curb required (20' finished width betw curbs) 40* paved cul-de-sac 7. Applicant must execute a Developer's appropriate security for all road improvements not completed by fi. plat approval (see sample enclosed). 8. City to as)c a for a Flowage S Conservation Easement over wetla area. Page 2 of 3 CITY OF QRONa City of MS SEz^ RESOLUTION OF THE CITY COI NO.2031 following list of final submittals must be submitted . Zoning Administrator two weeks prior to the regularly scheduled Counci meeting on the second and fourth Mondays of the month: Final Submittals 1. RECORD PLAT drawings in the form of two (2) mylar copies and one (1 additional copy reduced to 1"«200*. Drawing to include: a) lot lines platted per preliminary survey; b) dedication of "drainage and utility easements" 10* wide along al perimeter property lines and 5* each side of internal property lines except omit at lakeshore; c) wetland areas to be designated as drainage easements on the pla and to be described in angles and bearings. 2. LEGAL DOCUMENTS required: a) Title opinion addressed to the City. All owners, mortgage holder or others with property interest indicated therein shall sign the pla and all other documents affected by such interest; b) The applicant must provide certified copies of all records easements currently affecting the property; c) Excecuted Conservation & Plowage Easement, Road & Utilit Easement, permanent covenants for upkeep of road. 3. FEES TO BE PAID: Total Due $1,150.00 A. Park Dedication Fees per current schedule, calculated as follows: $200.00 per each newly created lot at $400.00 B. Engineering review and inspection fees per current schedule: at $600.00 C. Final plat fee: $150.00 Adopted by the Orono City Council on this 11th Day of August 1986 ATTE y'Dotothy M./^llin, City Clerk Mary C. Butler, Mayor Page 3 of 3 \ QTT OF aRQNO City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 2031 _________ro ii£s m B£M KSfililiO A RBSOLUTION GRANTING PRELIMINARY PLAT APPROVED FOR A PROPERTY LOCATED AT 2665 FOX STREET APPLICATION NO. 1047 WHEREAS, Dennis F. Kumlin, on June 26, 1986, filed a for subdivision application with the City for approval of a three lot plat c property legally described as Lot 2, Block 1, Foxwood, Hennepin Coun Minnesota, (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance v. Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning Subdivision Codes, the Crono Planning Commission held a public hearing July 21, 1986, at which time all persons desiring to be heard concern this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on August 13, 1986, Orono City Council considered the subdivision application of Dennis Kumlin, (hereinafter "the applicant”), citing the following findings: FINDINGS 1. The property is located within the RR-lB Rural Residential Zon District requiring a minimum of 2 acres of dry contiguous land wit each newly created lot. 2. The property consists of a total 7.49 acres - .54 acres of wetl and 6.95 acres of dry. Each lot satisfies the two acres of contiguous land standand. 3. All three lots shall be served by a private road that will red the number of curb cuts onto Fox Street but each lot cannot meet required 200 feet of frontage along a public road. 5. The access location of the private road onto Fox Street has b found to satisfy all sighting standards for a 35 MPH road. 6. A single family residence can be constructed on Lots 1 anc without the need of further variances. 7. Septic testing has confirmed that Lot 3 has adequate . .^tai area for future septic expansion needs. 8. Septic testing has confirmed that Lots 1 and 2 have adequate . suitable area for both a principal and alternate drainfield, meet all standards of Orono's On-site Septic Code. Page 1 of 3 TSS ilO HJ5 BE£Ji K,Wll%g MIHDTES OP THE PLAHNING COMMISSION MEETING HELD JDLY 21, 1986 ATTENDANCB 7:30 P.MTbe Orono Planning C uimission met on the f the following nemoers presenc; Chairman Kelle Assistant Zoning Administrator Gaffron, and Ci Recorder Peterson. Mayor Butler was also present. NOTE: Planning Commission member Taylor was excused fr /n047^DENHIS KUMLIN ( 2W5 POX STREET PRELIMIHARY SUBDIVISIOK PUBLIC HEARING ’^ Publication and Certificate of Mailit was noted. Zoning Administrator Mabusth explained the tue plan now reflects the redesignated wetland area. Bast on the area, the proposal meets the 2-acre lot standar the wetland based on the redesignated wetland area. Dennis Kumlin was present for this matter and stated Y had no problem with the redesignated wetland area. No one was present from the public regarding this matte and the public hearing was closed. It was moved by Goetten, seconded by Chairman Kelley, t recommend approval per staff recommendation and subject to the new septic design being submitted prior to tf August 11, 1986 Council meeting. Motion, Ayes 6, Naj 0. #1058 PROPOSED COffPRl^HENSIVB PLAN AMENDMENT TO INCLUDE CERTAIN AREAS WITHIN MDSA-MSSR BOUNDARY PUBLIC HEARING 9:38 - 9:39The Affidavit of Publication was noted. D. Brian Fulmer, 3505 Wayzata Blvd., was present this matter. COUNai MEETING Pros: Date: Subject: JUN 121989 CITYOFORONO Michael P. Gaffron, Asst Planning & Zoning Administrator June 9, 1989 Mayor Grabek & Orono Council Members City Administrator Bernh?-dron #1407 Leopold & Helen Hauser, 475 North Ferndale Rd - Preliminary Plat Approval Soning District RR-iB, single family, unsewered Application' - Request to divide off a 2 acre parcel from existing 5.5 acres, for construction of a new residence. List of Exhibits Exhibit A - Letter from Applicant Regarding Driveway Location Request Exhibit B - Planning Commission Minutes of 5/15/89 Exhibit C - Notice of Planning Commission Action of 5/22/89 Exhibit D - Memo * Exhibits of 5/12/89 Discussion Applicants own a 5.5 acre parcel (exclusive of . ight-of-way of North Ferndale Road), from which they request to divide a 2 acre building site to construct a new residence. This proposed division is adjacent to and immediately east of the proposed Wayzata Country Club subdivision. Mr. & Mrs. Hauser intend to sell their existing residence within proposed Lot .1 and construct a new residence on proposed Lot 2. Applicants' property ^ tains the sou^’herly half of a “rivate easement rc*i whic^ rves the plat of Fairway View approximately 1/4 to west, as well as 3 additional residences. As i' se with the adjacent Wayzata Country Club subdivision, .s recommending tha a 25' private road outlot be platted g the north boundary of Lot 1. The standard underlying i^aa and utility easement would be required for this private road outlot. The outlot and road would remain in pr v ite ownership and continue to oe privately maintained. Ownership of this cutlot would logically stay with the owner of the adjacent proposed Lot 1. This outlot would be approximately 0.2 acres in area, the area of Lot 1 being decreased to approximately 3.3 acres. The existing residence on proposed Lot 1 will then be 64* from th^ north lot line. An alternate drainfield site has been ted ' and approved for the existing residence. Both primary an ,ternate drain— field sites have been tested and approve. .r the proposed building site. Lot 2. The City Engineer has reviewed the proposed plat and expressed recommendations regarding drainage and driveway access. /3 3HIT33M J!3H ’J90 i%wJyVfibZonin Jun Page 2 of 4 DRAIHAGB ISSUE - Similar to the Wayzata Country Club proposal, contributes run-off to properties to the south. The cm Engineer has recommended that a small detention basin be P at the southwest corner of Lot 2, to collect run-off from the Hauser property and discharge it at a controlled rate. The Planning Commission recommendation included the condition that the detention basin be designed by applies engineer and reviewed and approved by ^he City Engineer p -ior t rnnnr.<l preliminary plat approval. In discussions with the applicants after the Planning Commission "'®®bing of May 15tn, this application was scheduled for the Ju"® anticiMting a potential reconfiguration of the property by combining this subdivision with that of ?°""*^howevM^^Such a proposal does not now appear to be forthcoming, however, specific issues regarding the need for new roads etc., affected the parameters of design for the desired detention basin, hence a detention basin has not yet been designed. Council may wish to table this application and approval of the detention basin design, or could |° “bead with preliminary plat approval. Note also that the easement for such a basin would be excluded from the 2 a^re lot area hence the proposed dividing line would have to move slightly northward, perhaps 10-15 feet, to maintain the 2 acre minimum. DRIVENAY ACCESS ISSUE - In his review of the site, the City Engineer has jeco^ended that a shared driveway access serve both Lots 1 and 2. Such an access would moat logically use ®^^®V^\f^m.'^ved^fSrthe^point onto North Ferndale Road, which ^ould be moved f^^^her south to avoid the need for an easement across Lot 1. From a consistent policy standpoint, it would be appropriate for these two lots to share one access curb cut. 'ihe applicants have submitted a sketch and a '®^ reques. expressing their desire for a separatemid-way along the east line of Lot 2. J^eir reasons for such a request include privacy, topography and ease of. maintenance concerns, and their hope to create the least disruption of the property. The proposed driveway would avoid conflict with drainfield sites. Note also that from a ®>9ht dist^ -e stan point, the proposed entrance is a very safe l°®“bion, but does add one more access point that Ferndale traffic must contend with. Zoning File #1407 June 8, 1989 Page 3 of 4 Planning CGamisalon Recommendation - On May 15, 1989, the Planning Commission voted 6-0 to recommend approval of the proposed plat with the following conditions; 1. Driveway access to North Ferndale Road shall be via a shared driveway between Lots 1 and 2 or from a new private road outlot if the Hauser and Wayzata Country Club subdivisions are combined. 2. A retention basin shall be constructed per the City Engineer's recommendation within Lot 2. This basin shall be designed by applicant's engineer and reviewed and approved by the City Engineer prior to Council preliminary plat approval. The basin shall be constructed as part of the initial construction work on the property. A drainage easement shall be granted over the basin. (Notes proposed division line must move northward to maintain 2.0 acres in Lot 2 exclusive of drainage easement.) 3. On the plat drawings, 33' of right-of-way for North Ferndale Roa. shall be dedicated as public roadway. Additionally, a 25' private road outlot along the north boundary of the property shall be shown on the plat for private road purposes. The standard road and utility easement shall be granted over the outlot private roadway. 4. Lot 2 will be subject to a $200.00 park fee per the current fee schedule. 5. Applicant shall submit a site grading plan for the house prior to issuance of a building permit, which must be approved by the City Engineer, prior to issuance of the building permit. 6. Standard drainage and utility easements shall be shown on the plat drawings. Staff Recommendation - Staff would recommend approval per the Planning Comm.ission recommendation. The two remaining issues to be considered by Council prior to adoption of a preliminary plat approval resolution are: 1. Should the retention basin design be submitted and approved by the City Engineer prior to adoption of the preliminary plat approval resolution, or should such design be required prior to final plat approval? Zoning Pile #1407 June 8# 1989 Page 4 of 4 2. Determine whether a separate driveway access will be allowed for Lot 2. Note that if a separate access is not granted, applicants may ask Council to allow a shifting of the new division line slightly northward so that the existing driveway access is bisected by the division line, thereby avoiding an access easement between Lots 1 and 2. A resolution will be drafted for your next mee^ if Council so directs. Leopold A. Hauser» III 475 North Ferndale Road Wayzata, MN 55391 473-1173 To: Orono City Council Re: Sub-division of our lot Helen and I would like our driveway to enter off Ferndale in the approximate center of our east/Ferndale lot line. This would avoid having to disrupt the current N.E. corner straight lot lines as pictured. Also we wouldn't have to cut down large full grown trees in that N.E. corner of.the lot and the space between the current driveway and N.E. corner. As the elevation lines indicate, there is quite a slope off to the south from the current driveway. Sharing a split driveway opening there would mean an uphill grade to the entrance. In the winter, snow melting in the day would run off onto the south section and freeze up at night, causing us uphill slipping when exiting, etc. from this new lot. This center driveway would also add privacy to both homes and eleminate the hassle of coordinating two separate snow-plowing contractors during the winter. Such center entry onto Ferndale was considered to be safe 6y both Glen and Mike, when they were on location. Thank you in advance for considering this pr'^posal. As 18 year residents and tax payers in Orono, we both appreciate you putting yourself>in oar shoes. Gratefully, MINUTES OP THE PLANNING COMMISSION MEETING MAT 15, 1989 ZONING FILE #1406-KUMLIN CONTINUED if it was developed. Gaffron noted that there be through road only if the City or the property owners deemed it necessary. Gaffron said that there was no intent for a through road in the foreseeable future. Mr. Ray Jaques, owner of Lot 2 in the Trees to Be subdivision, questioned what effect the future development of the larger eastern lot in the Trees to Be plat would have on the potential for the through road being constructed? Gaffron replied that there would be no effect. There were no further comments from the public regarding this matter and the public hearing was closed. It was moved by Planning Commissioner Cohen, seconded by Planning Commissioner Bellows, to recommend approval of the preliminary subdivision application. Cohen did express concern regarding access onto County Road 84. Motion, Ayes*6, Nays*0, Motion passed. #1407 LEOPOLD HAUSER 475 FERNDALE ROAD NORTH PRELIMINART SUBDIVISION CLASS II PUBLIC HEARING 8:40 P.M. TO 8:50 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. and Mrs. Hauser were present for this public hearing, as was their realtor, Meredith Howell. Assistant Planning and Zoning Administrator Gaffron explained that Mr. Hauser was proposing to subdivide his 5.5 acres of property into 2 lots. The Hauser's residence is located on the proposed Lot 1 and would meet the required setbacks. Both primary and alternate septic sites have been determined for the proposed Lot 2. The applicant would prefer to have a separate driveway access to Ferndale Road. However, the City Engineer has recommended that the drivf^way be shared. He did indicate that sight distance would not be a problem if separate driveways were constructed. The plat would show a 33' right-of-way dedication for North Ferndale Road and the City would ask that a 25' private road outlot along the north end of the property be dedicated. The City Engineer has further recommended that a retention basin be designed for the southwest corner of Lot 2. Mr. Greig commented that he did not believe that Mr. Hauser's proposal would create a problem with drainage. Mrs. Hauser co^ented that the Keesling lot line was more contiguous with their property and that drainage would not affect Mr. Greig's property. Mr. Hauser asked if he and Mr. Lauer reach an agreement if he could take the width of the driveway from Lot 1 and add it to Lot 27 Kelley indicated that approval would be conditioned upon KEHOTBS OF THB PLANNING COMMISSIOH MEETING MAY 15, 1*^89 ZONING FILE #1407-HAOSER CONTINUED there being at least 2 acres of dry-buildable land for Lot 2. There were no further comments from the public regarding this matter and the public hearing was closed. Planning Commissioner Cohen asked for clarification regarding the 25* outlet dedication. Kelley explained that the entire lot is being subdivided and the 25’ would allow for future upgrading of the private road. It was moved by Planning Commissioner Hanson, seconded by Planning Commissioner Cohen, to recommend approval of the proposed subdivision subject to the following conditions: 1. Driveway access t ' North Ferndale Hoad be by way of a shared driveway and/or access off of a proposed outlot. 2. A retention basin be constructed in accordance with the City Engineer's recommendations. 3. That 33* of right-of-way for North Ferndale Road be dedicated as public roadway and that a 25* road outlot along the north boundary be shown on the plat map for private road purposes. 4. Lot 2 shall be subject to the standard park fee of $200.00. 5. The applicant shall provide a site grading plan for the proposed house on Lot 2 prior to issuance of the building permit. 6. Standard drainage and utility easements shalJ be shown on the plat map. Kelley questioned whether the standard draina *nd utility easement would include the retention pond? Gaf ..n suggested making that an additional condition. Hanson amended his motion to include the requirement that a flowage anr. conservation easement be taken for the retention pond, Cohen seconded. Ns. Howell asked whether the shared driveway would be preferred in the event Mr. Lauer agrees to Mr. Hauser's proposal for access to Lauer's property? Kelley replied that would be preferred. Mr. Hauser expressed his concern that such an access may interfere with existing trees. Mr. Hauser expressed his confusion regarding the intent of condition #1 of Hanson's motion. Hanson clarified that it was his intention to allow Mr. Hauser the option of slightly adjusting the lot line so the new driveway could be accessed from the old driveway. Kelley explained that the shared driveway would be preferred to avoid any additional curb cuts onto North Ferndale Road. Motion, Ayes«6, Nays»0, Motion passed. \ \ CITY OF OROHO P.O. Box 66 Crystal Bay, MN ZONING PILE NO. 1407 NOTICE OF PLANNING COMMISSION ACTION 55323 473-7357 Date of Notice: 5/22/89 Leopold Hauser 475 Ferndale Rd N Wayzata, MN 55391 COPIES TO:Meredith Howell Merrill Lynch Realty 315 East Lake St Wayzata, MN 55391 TYPE OF APPLICATION: Subdivision DATE OF MBBTING: 5/15/89 VOTE: 6 For 0 Against Planning Coandsalon recoHaends the following: Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1. Driveway access to North Ferndale Road shall be via a shared driveway between Lots 1 and 2, or from a new private road outlot if the Hauser and Wayzata Country Club subdivisions are combined. 2. A retention basin shall be constructed per the City Engineer's recommendation within Lot 2. This basin shall be designed by applicant's engineer and reviewed and approved by the City Engineer prior to Council preliminary plat approval. The basin shall be constructed as part of the initial construction work on the property. A Conservation and Flowage Easement shall be granted over the basin. 3. On the plat drawings, 33' of right-of-way for North Ferndale Road shall be dedicated as public roadway. Additionally, a 25' private road outlot along the north boundary of the property shall be shown on the plat for private *oad purposes. The standard road and utility easement shall be granted over the outlot priva^^ roadway. 4. Lot 2 will be subject to a $203.00 park fee per the current fee schedule. 5. Applicant shall submit a site grading plan for the house prior to issuance of a building permit, which must be approved by 'e City Engineer, prior to issuance of the building permit. 6. Standard drainage and utility easements shall be shown on the plat drawings. Applicant's next scheduled meeting is confirmed as: City Council Monday, June 12, 1989; meeting starts at 7:00 p.m. If you desire certified copies of tbp official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. It is City staff's understanding that Mr. Hauser and representatives of the Country Club Intend to discuss options for combining the subdivisions for mutual benefit. If this occurs, resulting in a substantially revised layout, the proposal will likely be referred back to the Planning Commission for review. The next Planning Commission meeting is scheduled for Monday, June 19th at 7:00 p.m. Please contact staff no later than Monday, June 5th regarding your intentions. To: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson FroBs Michael P. Gaffron# Asst Planning & Zoning Administrator Date: May 12, 1989 Subject: #1407 Leopold & Helen Hauser, 475 North Ferndale Rd - Preliminary Subdivision - Public Hearing Zoning District - RR-xB Application - Split off a 2-acre lot to build a new residence. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey/Preliminary Plat Drawing Pertinent Pacts - 1. This property is adjacent to and directly east of the Wayzata Country Club subdivision. 2. The entire property is 5.5 acres in area. Proposed Lot 1, with the existing house, is 3.5 acres. Lot 2, the proposed new lot, is 2.0 acres. 3. Septic system testing indicates suitable sites for mound systems on the propot&d i^ew lot. Alternate site testing for the existing house found suitable soils for a trench-type system if the existing system ever needs to be replaced. 4. The proposed house site is centered in the north half of the proposed lot. The house will generally be uphill from the sewage treatment sites. There should be no problem locating a well on this site, due to the approximately 150* setback from the existing house's septic system. 5. The applicant would prefer to have a separate acceus point to Ferndale Road. City Engineer Glenn Cook has looked at the site and notes that, while a safe driveway access could be located almost anywhere along the east line of Lot 2, the City generally prefers to create shared driveways where possible. He is recommending a shared driveway. 6. On the plat, 33* of right-of-way should be dedicated for public roadway for North Ferndale Road. Zoning File #1407 May 12r 1989 Page 2 of 3 7. 8. 9. Additionally, as we are doing with the Wayzata County Club subdivision, a 25* private road outlot should be dedicated on the plat for the private road along the north end of the property. This 25* out lot would provide a corridor for the southerly half of that existing road. The north lot line would then still be approximately be 65* from the existing house. City Engineer Clenn Cook has walked the site of the new lot, and feels that isite has drainage concerns similar to the Wayzata Country Club subdivision. Glenn is recommending that a retention basin be provided near the southwest corner of Lot 2, where a natural basin now exists, in order to allow drainage to leave the site at a controlled rate. As in the Wayzata Country Club subdivision, the development of Lot 2 with a new house and driveway is not expected to significantly change the amount of drainage leaving the property, and construction of a retention basin will to a certain extent decrease the pre-existing drainage problems for the neighbors to the south. Staff early on explored the possibility of serving both the Wayzata Country Club lot and this proposed lot via a new private road between Lots 1 and 2. Because this area is being developed to its densest potential development under current zoning standards, and because both new lots hav > access from either public or private roads, there seems be no good reason to create such a short new road to serve just one or two residences. City codes would certainly not require such a road. Furthermore, creation of such a road would not be feasible without destroying the sepcic system sites for the Wayzata Country Club lot, e <<rould impact the most appropriate building site for the Hf ^er lot. Based on these considerations, staff feels there is no good reason to further consider a new private read in this area. Discussion - Lots 1 and 2 both meet t^. quired acreage and lot width standards of the RR-IB zoning dlo^-xct. Septic testing has found suitable drainfield sites. The City Engineer is addressing drainage concerns in his review of the proDOsal^ and is recommending that a’"** • ' r«'nt have his er.gineer design a retention basin based on mini: 'iquirements tc be determined by the City Engineer. New acceu »ads are not necessary. Dedication for existing public and {..:vate roads is recessary as part of the platting process. The City is re .ommending that a shared driveway between Lots 1 and 2 be developed rather than a separate driveway for Lot 2* Zoning File #1407 May 12, 1989 Page 3 of 3 In general, this proposal appears to meet all requirements of the subdivision ordinance. Staff Recoaaiendation - Staff recommends approval of the proposed division subject to the following conditions: 1. Driveway access to North Ferndale Road shall be via a shared driveway between Lots 1 and 2. 2. A retention basin shall be constructed per the City Engineer's recommendation within Lot 2. This basin shall be designed by applicant's engineer and reviewed and approved by the City Engineer prior to Council preliminary plat approval. The basin shall be constructed as part of the init- construction work on the property. 3. On the plat drawings, 33' of right-of-way for North Ferndale Road shall be dedicated as public roadway. Additionally, a 25' private road outlet along the north boundary of the property shall be shown on the plat for private road purposes. The standard road and utility easement shall be granted over the outlet private roadway. 4. Lot 2 will be subject to a $200.00 park fee per the current fee schedule. 5. Applicant shall submit a s: to grading plan for the house prior to issuance of a building permit, which must be approved by the City Engineer, prior to issuance of the building permit. 6. Standard drainage and utility sements shall be shown on the plat drawings. In your recommendation. Planning Commission has the option to require that the retention basin be designed and approved by the City Engineer pric/ to your recommendation, or you could make a recommendation for approval subject to that plan being approved prior to preliminary plat review by the Council. In total impact of this development on neighboring properties, this proposal differs very litt? ®rom the Wayzata Country Club situation. It is staff's opinion the City has responded to concerns of the neighboring property owners adequately. CITY OF OROHO - SUBDIVISION APPLICATION ^ PROPERTY LOCATION Site Address 475 Ferndale Rnni-; Nnrth_______ / . ^ ,/i .r'A rdimjL ' • .*J t ; j -f Property Identification Number (P.I.D.) 36-118-23-14-0011 Please check one - Property ^_ abstract or_ _t'-^rrens? Attach legal description to application. APPLICANT Name MerscJith Howell Phone (hom**! 47c;.?^At; Phone (work) 473-3000 Address;31S East Lake Street______ OWNER (if different than applicant) Name Leopcid and Helen Hau:ser Cityry^x:Zip. ^^39^ Phone (home)^U2: Phone (work) Address: __North city: (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Dev- iopment Size Present Use (check 1 5,50 3uS^L Acres Dry Land Acres Wet Land Acres Total, all par^A.s Residential; no. of units Other (specify)_ _ _ _ _ _ _ Present Zoning District RR 1-B PRO^i XXX Di ision for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Nvimber of Building Sites:1 Proposed Gross Density: Minimtim Loi. Size: Proposed Use; (check) Existing Units New Units Total Units Units per q.50 Acres Sq Fe^L Drv Buildable La; Reside, tiai Or.he- (w^.>ecify)_ _ _ _ _ MINIMOM MATERIAL NECESSARY FOR C( 1. Completed Application Form Preliminary Plat information on C/^ific^Me of B 1 Certified Property Owners List or owner^TLthin 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 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). 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. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature^_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ 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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ 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) 300.00 + 20.00/Lot Final Plat Review (Class III) ♦(Plus any legal or engineering charges) 150.00* The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessew to process this application and further agrees to pay all additional est/iblished by ordinange. Applicant's Signature Date Owner's Signature A . 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. 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Mabusth, Building & Zoning Administrator Date: May 12, 1989 Subject: #1408 Smith Bay Marina & Yacht Club, Inc,, 1955 Shoreline Drive - Renewal Variances & Commercial Site Plan Review - Public Hearing Resolution #2190 that approved the original variance and commercial site plan application for Smith Bay Marina and Yacht Club expired on June 8, 1988. The only change proposed by applicant is a reduction in the total floor area of the clubhouse. The footprint of 30*x40* remains the same. The two- story with roof deck has been trimmed back to a one-story structure. Original height of previous clubhouse structure was 25*. Current proposal shows a maximum 16* height to the peak of the clerestory. Pertinent Ordinances - The major upgrading of the marina property requires the review of all pertinent code standards of the B-2 zone. Although the improvements result in a less intense use of this severely limited property, all new improvements require variance approval. A. Section 10.41, Subdivision 10 (A) - Lakeshore setback. Principal Structure; Required « 75* Existing « 9* Proposed « 50* Variance * 25* or 33.3%; Existing 66* or 88% Deck Structure Connecting to Existing Dock; Required = 75* Existing = 0* Proposed = 0* at 929.4 elevation Variance “75* or 100% B. Section 10.41, Subdivision 10 (B) residential used property. Principal Structure; Required = 50* Existing » 14* Proposed ** 40' Variance « lo* or 20%; Existing - Side setback to 36* or 72% Zoning File #1408 May 12, 1989 YTO C. Section 10.41, Subdivision 10 (C) - Street setback. Principal Structure: Required = 50* Existing ■ 70* Proposed * 50* No variance required. D. Section 10.41, Subdivision 10 (D) - Hardcover. Total Area * 31,117 s.f. 0-75* Setback Area * 25,017 s.f. Allowed ■ 0% Existing « 18,428 s.f. or 73.6% Proposed * 15,862 s.f. or 63.4% (10% improvement in hardcover) 75-250* Setback Area - 5,100 s.f. Allowed » 1,275 s.f. Existing » 5,100 s.f. Proposed « 5,100 s.f. (No change) E. Section 10.41, Subdivision 9 - Lot area. Required ■ 2 acres or 87,120 s.f. Existing ■ .71 acres or 31,117 s.f. Variance * 1.3 acres or 56,628 s.f. F. Section 10.41, Subdivision 9 - Setback for parking from street lot line. Required Existing Proposed Variance > 30* « 0* -= 10* = 20* or 66.6%; Existing = 0* or 100% G. Section 10.41, Subdivision 5 (A) - Parking requirements - 6 stalls per 10 slips. 79 slips » 48 parking stalls Required » 43 stalls Proposed ■* 42 stalls Variance = 6 stalls H. Section 10.22, Subdivision 1 - Setback variance from lakeshore for accessory structure (fence along Shoreline Drive). Required ■ 75* Proposed ■ 43* Variance =32* or 43% Zoning File #1408 May 12, 1989 Page 3 of 4 List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit P - Exhibit G - Exhibit H - Exhibit I - Exhibit J-1 Exhibit J-2 Exhibit K - Exhibit L - Exhibit M - Exhibit N - Exhibit 0 - Exhibit P - Application Property Owners List Resolution #2194 Resolution #2306 • M.C.W.D. Permit - 87-78 Previous Elevation of Clubhouse Typical Section - Water Quality Filter Sea Wall - Typical Section Engineering Design/Standards for Treatment Facility - Cook's Report of 5/14/87 - Cook's Original Sketch for Treatment of Run-off Site Plan - Total Marina Detailed Site Plan of Land Use Area Newspaper Article L.M.C.D. Letter Current/Revised Floor Plan Elevations Status of Application - On November 23, 1987, the Council approved a sea wall in place of rip-rapping as originally proposed by the applicant. At the time of the construction of the sea wall, the water quality treatment facility was installed as directed by the City in the original variance review for the total improvement of the marina (review Exhibits G, H, and I). The area behind the sea wall has been lined with a filter fabric and backfilled with crushed limestone. Weep poles have been placed 18" apart in the sea wall to accommodate drainage through the filter area. The M.C.W.D. conditioned approval on the rock backfilled to be of limestone, as they feel limestone has the capacity to absorb petrolium products. Glenn Cook has reviewed the information submitted for the current review and finds it to be completely acceptable. In fact, he comments that it is far better than the one he originally recommended (review Exhibits J-1 and J-2). The applicant has completely reconstructed the docks, obtaining the appropriate building permit with penalty fee. One structure remains serving as the current business office. The structure will remain until the clubhouse has been installed. The Certificate of Occupancy will not be issued until the structure is removed. As noted above, the new clubhouse will be only 16' high measured to the peak of the clerestory. The 40'x30' footprint has been maintained requiring the same setback approvals as in the original variance application review. Zoning File #1408 May 11, 1989 Page 4 of 4 Review Exhibit M, the revised site plan shows landscaping rilong the west side of the deck and grassed area and shrubs within the green space area to the east side of the clubhouse. The existing plantings (along the west side of the marina property) will be maintained. Planning Commission to advise if additional plantings or more detailed schedule should be provided with the developer's agreement upon application for a building permit. Staff has been asked to review with the L.M.C.D., the Smith Bay Marina's plans to sell boat slips as "condo sales". Mr. Strommen has submitted a copy of a letter sent to Toberman Management on March 16, 1989. He advises that he has had no response. The City will ask that all issues raised in that letter be resolved prior to offering such sales to the public. The City has never received an updated copy of the site plan locating the sea wall along the shoreline. Prior to scheduling the application before the Council, the City must receive a copy of the updated site plan locating the sea wall, the limestone rock area, green space areas, landscaping - applicant should provide a planting schedule with the landscape plan to be included with the required developer's agreement. Staff would ask that the Planning Commission review Resolution #2194, reviewing the required variances. The findings are still applicable for this current review. The conditions of approval as listed in the resolution should be amended as follows: Remove 1 (A), 1 (B), 4, and 7 (th<$ boat sales/ship store use was never established at 1960 Shoreline Drive eliminating potential of cross-over). Staff would add to the improvements being included under the developer's agreement, the landscape plan and planting schedule. It is not clear in reviewing the previous file and the current proposal whether the sale of gas is planned by the current marina. If it is not planned, the gas tanks must be removed. If the sale of gas is to be resumed, tne City will require the appropriate Inspections of the tanks. Zoning File #1408 June 8, 1989 Additional Comments and Planning Commission Recommendation - Additional Exhibits Exhibit Q - Glenn Cook's Report Dated 5/12/89 Exhibit R - Engineer's Signed Copy of Retaining Wall Design Exhibit S - Planting Schedule & Site Plan Locating Plantings Exhibit T - Final Site Plan Locating All Improvements The applicant has submitted all additional information and exhibits conditioned upon the Planning Commission's approval recommendation. The final site plan (Exhibit T) has been revised locating sea wall, walkways along sea wall, and signage. The planting schedu”'^ and site plan locating the plantings have been submitted and t closed in your packet as Exhibit S. Staff can confirm that the applicant proposes to continue to sell gasoline at the site. The tanks were inspected. Applicant will submit copies of the inspection report for the City files. Retaining wall design has been signed by a registered engineer. The City Engineer is working with the applicant to complete the necessary Information for resolve of storm water design computations. It is interesting to note that in the M.C.W.D. permit for the retaining wall, storm water design computations were not asked for as they felt the proposal could only be an improvement over the existing improvements. Note that there is a reduction in the hardcover within the 0-75' setback area. Glenn will submit his final comments on the storm water design as soon as the applicant's engineer is able to complete his report. Staff does not feel it necessary to delay action on the application and has drafted the approval resolution based on the condition that staff will not issue a building permit for new construction until the City Engineer has submitted a written report approving the storm water design computations/plan. Both the Planning Commission and the Council representative asked that the review of this conditional u'^e permit and variance application, specifically the variance involving the sub-standard parking, no longer condition approval on the over-flow parking being allowed in the municipal parking lot area. Planning Commission once again noted that the standard for the industry is 30% maximum usage of slips at any one time. Based on that standard, only 24 slips out of the 79 would ever be used at any one time. 42 parking stalls would certainly satisfy 24 slip users. It should also be noted that in the earlier license review of this marina, the over-flow parking at the municipal parking lot was imparative because of the boat sales operation and fishing rental units that existed under the previous ownerships with Sailors World and Paul's Landing. The present marina use involves only the rental of slips. The enclosed approving resolution has been drafted excluding any reference to the credit of the municipal parking lot for over-flow use and approval is conditioned on final approval by the Ity Engineer of the storm water design computations. A RBSOLtJTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.41, SUBDIVISION 10 (A),(B),(C),(D), SECTION 10.41, SUBDIVISION 9 SECTION 10.41, SUBDIVISION 5 (A) SECTION 10.22, SUBDIVISION 1, AND PER SECTION 10.41, SUBDIVISION 2 APRPOVBS THE COMMERCIAL SITE PLAN FOR SMITH'S BAT MARINA AND YACHT CLUB, INC., PILE #1408 WHEREAS, Smith's Bay Marina, Inc., a Minnesota Corporation (hereinafter "the applicant") has an interest in the property located at 1955 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached WHEREAS, the applicant proposes the construction of a principal structure and major restoration of the marina property and has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1 to permit fencing 43* from the lalceshore instead of the required 75'; Section 10.41, Subdivision 5 (A) to permit parking stalls for 42 vehicles instead of the required 48 stalls; Section 10.41, Subdivision 9 to permit parking 10* from the street lot line instead of the required 30*; Section 10.41, Subdivision 10 (A; to perm.^ t the p rincipal structure to be built 50* from the shoreline Instead of the required 75*; Section 10.41, Subdivision 10 (B) to permit the principal structure to be built 40* from the site lot line adjacent to a residential zone instead of the required 50*; Section 10.41, Subdivision 10 (D) to permit 15,862 square feet or 63.4% of hardcover (actual reduction of 10% over existing hard­ cover at 73.6%) within 75* of the lake where no hardcover is allowed and to permit hardcover to remain at 5,100 square feet or 300% over the allowed amount of hardcover at 1,275 square feet or 25%; and per Section 10.41, Subdivision 2 seeks approval of a commercial site plan for the complete restoration of the marina property. HOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS 1. This application was reviewed as Zoning Pile #1408. Page 1 of 5 2. The property is located in the B-2 Lakeshore Business Zoning District. 3. The Orono Planning Commission reviewed this application listed above and the commercial site plan for the complete restoration of the subject property on May 15, 1989 and recommended approval of the proposed variances based upon the following findings: A) The lot is not deep or large enough to allow structures to meet required setbacks. B) The majority of the property is located within the lakeshore protected area where no hardcover or structure is allowed. C) The property has been used as a commercial marina for over 40 years and was recently rezoned to B-2 in 1975. D) The proposed improvements provide a reduction of 10% in overall hardcover in addition to improving quality of storm water run-off prior to entering the lake. E) The majority of the improvements provide for a major reduction in hardcover immediately adjacent to the shoreline. F) Access to site and parking areas have creatly been improved with the proposed single structure making for a more efficient use of the severely limited land area. 4. The City Council has consi -red this application including the findings and recomr- * Nations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of th" community. Page 2 of 5 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the 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. COHCLUSIONSf ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants the variances as set forth above and approves the commercial site plan dated November 1, 1988, revised January 20, 1989 by Advance Surveying and Engineering Company for Smith's Bay Marina and Yacht Club, Inc., subject to the following conditions: 1. Owner to execute a Developer's Agreement and post a Letter of Credit with the City to ensure the following improvements are installed: A) City Engineer to approve drainage/surface water treatment plan per final plans by Sathre Bergquist. B) Paving of parking area, lighting, signage, and installation of grassed area per plans by E.O.S. Corporation of Excelsior, Minnesota dated January 10, 1989. 2. The executed Developer's Agreement and Letter of Credit (amount to be 150% of the cost of required improvements) must be submitted to the City prior to application for a building permit for new principal structure. The City Engineer shall review total improvement costs prior to submittal of Letter of Credit. 3. Erosion control shall be employed at all times on the site during the time of construction of the principal structure. Page 3 of 5 4. Demolition permits are required for all buildings to be removed. Such permits must be obtained by applicant at the time a permit is issued for new construction, A Certificate of Occupancy will not be issued for the new structure until all buildings designated for removal have been razed. Applicant may continue to use existing structure up to the time the Certificate of Occupancy is to be issued. 5. Owner/applicant is hereby advised that at the time an application for building permit is submitted to the City, the Orono staff shall evaluate the proposed improvement and uses of the property per standards adopted by the Metropolitan Waste Control Commission in the determination of the Service Availability Charges to be collected with the issuance of a building per.'iit for the new construction, 6. 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 appro val, or this variance will expire on that date (June 12, 1990). 7. 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, ard shall be punishable as a misdemeanor. 0. The undersigned applicant on behalf of the Smith's Bay Marina and Yacht Club, Inc. has read, understood and hereby aireey to the terms of this resolution and on its heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnes ta at a regular meeting held on the 12th day of June, 1989. ATTEST: Dorothy M. Hal.''in. City Clerk James R. Grabek, Mayor Applicant(s) Page *4 of 5 EXHIBIT A Commencing at the intersection of the North line of Central Avenue extended Easterly with Easterly right-of-way line of County Road No. 7 thence Northeasterly 42 degrees 15 minutes East 120.05 feet to actual point of beginning thence South 57 degrees 45 minutes East 29.04 feet thence North 37 degrees 50 minutes East 130 feet to the intersection of North line of Grand Avenue extended Easterly thence North 59 degrees 45 minutes West 18 feet thence Southwesterly 42 degrees 15 minutes West 131.05 feet to beginning including accretionsr, "ORA PARK" ON LAKE MINNETONKA", Hennepin County, Minnesota, (hereinafter "the property"); and necaipt:- CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional varianc Renewal Variance Fee $75.00 (no change from original application) After-the-Fact Fees (Double application fee) PROPERTY LOCATION Site Address 1955 Shoreline Drlva Property Identification Number (P.I.O.) _ _ _ Please check one - Property _ _ abstract or #1408 torrens? Attach legal description to application if not included on required survey. APPLICANT Phone (home)_ _ _ _ _ _ _ _ N£une SMITH BAY MARINA & YACHT CLUB. INC. Phone (work) S42-naq __________________________ City; Wavzata ______Address :Zip; . - il- ^ W u'v OWNER (if different than applicant) Name GERALD E. TOBERMAN Phone (home). • : Phone (work) 542-1X89 r Address: 1460 Interchange Tower Date Property Acquired City; Minneapolis Zip; 55426 12/31/88__________________ (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USB OF PROPERTY Present Zoning District_ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Present Use of Property __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Residential _ _ _ _ _ _ _ Other (specify) _ _ _ _ _ _ _ _ _ _ DESCRIPTION OF REQUEST Estimated Construction Cost $ 6S.nnn.nn Describe reque** in detail; VARIANCES REQUIREli Lot Area Lot Width Setback Variances ( Other X Front _ _ Hardcover Side X Rear) HARDSHIP . - . . Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:. . .. . . . . . . . .. . . . . . . . . . . . . DBSCRIPTIOH of DHUSOAL property conditions . j Describe unusual property conditions preventing compliance with Zoning Code Requirements:_ _ ___ _ _ _ _ _ __ _ ,-- -- -- - REQUIRED SUBMITTALS 1. Completed Application Form ^ i 2 Certified Property Owners List of owners within 150 (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 3. StampedV 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). ^ i 7. As an addendum to this application, please attach a separate list ot any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this 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^_ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ __ _ _ _ _ _ _—_ _ _ _ _ _- APPLICANT'S SIGNATURE , j The applicant hereby agrees to provide all information req requested by the Zoning Administrator, agrees to pay all ^ff?. 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 __ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - OWNERS SIGNATURE , , . _ • The owner hereby aclcowledges and agrees to this authorizes reasonable entry onto the property by City staff, ' agents. Commission members, and Council members for purposes of investiga tion and verification of this request. Ovmer's Signature C-. —-j- - - - _ _ _ 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 is review meetings of the Planning Commission and Council. If a" ®PP^^“"' “ unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building s g Office of this change prior to the meeting. CITY OF ORONO (> CBRTIPICATB OF STATE OP MINNESOTA ) ) COUNTY OP HENNEPIN ) S8. I Jamie Bosma of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Rearing concerning the matter of #1408 Smith Bay Marina was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 25th day of May, 1989. e Bosma, Secretary 38 10-117-23 31 CQOl GHCPGE f ROV6GNO 2010 i hCREtlNE ORI VE WAYZA.'i'HN 553SI 38 10- 11 7-23 31 0C02 JCHN T SPENCE 2040 ^0 SHCRP OR | WAYZATA MU 55391 O 38 10-117-23 31 CC89 DANIEL CREAR 1980 SPATES AVE kAYZATi MN 55391 38 10-117-23 42 COOS A G ASCHENBECK JR 1930 SHORELINE DRIVE teAYZATA MN 55391 38 lC-117-23 42 0015 H TQURANGEAU 2060 SPATES AVE. WAYZATA MN 55391 38 lC-117-23 42 0022 CRAIG OLSON 1960 SHORaiNE OR WAYZATA HN 55391 38 10-117-23 31 0C90 RICHARD V STINSON 2040 SPATES AVE hAYZATA MN 55391 38 10-117-23 42 0007 AL/M NETTLES C ANNE NETTLE 1940 SHORELINE OR QRONO NN 55391 38 10-117-23 42 0016 RONALC J PRINEAS 1980 HEPI TAGE DR WAYZATA MN 55391 TOTAL LABELS BATCH 003 OOC 38 10-117-23 21 0CC8 MARIETTA h ANDERSON 2055 SPATES AVE WAYZATA HN 55391 38 10-117-23 31 UDo4 STATE LAND DEPT 38 10-117-23 31 0095 TERRY 0 MORSE 2C80 SPATES AVE CPONQ MN 55391 38 10-117-23 31 009o HARRIET SPATES TORANGEAU 2060 SPATES AVE WAYZATA MN 55391 * ( L e GERALD D. TOBERMAN INTERCHAC';' TOWER SUITE 146C MINNEAPOLIS, MN 55426 28 10-117-23 42 0017 LYLE VICKERHAN INTERLACHEN LA EXCELS ICR MR 55331 23 10-117-23 42 J014 SAILORS WORLD BCX 176 CRYSTAL BAY MN 55323 38 10-117-23 4-2 0021 CANIEL CREAR 1980 SPATES AVE WAYZATA MN 55391 CITY OT ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. ___^94 ~ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.41, SUBDIVISION 10 (A)(B)(D), SUBDIVISION 9, SUBDIVISION 5 (A) AND SECTION 10.22, SUBDIVISION 1 AND PER SECTION 10.41, SUBDIVISION 2 APPROVES THE COMMERICAL SITE PLAN FOR SMITH'S BAY MARINA AND YACHT CLUB, INC. PILE 91142 WHEREAS, Smith's Bay Marina, Inc. ‘.Hereinafter "the applicant") has an interest in the property located at 1955 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: Commencing at the intersection of the North line of Central Avenue extended Easterly with Easterly right-of-way line of County Road No. 7 thence Northeasterly 42 degrees 15 minutes East 120.05 feet to actual point of beginning thence South 57 degrees 45 minutes East 29.04 feet thence North 37 degrees 50 minutes East 130 feet to the intersection of North line of Grand Avenue extended Easterly thence North 59 degrees 45 minutes West 18 feet thence Southwesterly 42 degrees 15 minutes West 131.05 feet to beginning including accretions, "ORA PARK" ON LAKE MINNETONKA", Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the applicant proposes the construction of a principal structure and major ^storation of the marina property and has applied tc the City for variances to Municipal Zoning Code Sections 10.22, Subdivision 1 to permit fencing 10 feet from the lakeshore instead of the required 75 feet, 10.41, Subdivision 5 (A) to permit parking stalls for 42 vehicles instead of the required 48 stalls, Section 10.41, Subdivision 9 to permit parking 10 feet from the street lot line instead of the required 30 feet, Section .41, Subdivision 10 (A) to permit the principal structure to be built 50 feet from the shoreline instead of the required 75 feet, Subdivision 10 (E) to permit the principal structure to be built 40 feet from the side lot line adjacent to a residential zone instead of the required 50 feet. Subdivision 10 (D) to permit 15,862 s.f. or 63.4% ol hardcover (actual reduction of 10% over existing hardcover at 73.6%) withir 75 feet of the lake where no hardcover is allowed and to permit hardcove to remain at 5,100 s.f. or 300% over the allowed amount of hardcover a 1,275 s.f. or 25% and per Section 10.41, Subdivision 2 seeks approval of : commerical site plan for the complete restoration of a marina property. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono Page 1 of 5 citv OP OHONO c.City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 2194 ___________ FiemiNGS 1. This application was reviewed as Zoning File #1142. 2. The property is located in the B-2 Lakeshore Business Zoning District. 3. The Orono Planning Commission reviewed this application listed above and the commercial site plan for the complete restoration of the subject propei.ty on May 18, 1987, and recommended approval of the proposed variances based upon the following findings: A) The lot is not deep or large enough to allow structures to meet required setbacks. B) The majority of the property is located within the lakeshore protected area where no hardcover or structure is allowed. C) The property has been used as a commercial marina for over 40 years and was recently rezoned to B-2 in 1975. D) The proposed improvements provide a reduction of 10% in overall hardcover in addition to improving quality of storm water runoff prior to entering lake. E) The majority of improvements provide for a major reduction in hardcover immediately adjacent to shoreline. F) Access to site and parking areas have ^een greatly improved with a proposed single structure making for a more efficient use of the severely limited land area. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed 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 zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the 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 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2194 CONCLUSIONS. ORDER AND CONDITIONS 'BTsed upon one or more of the above findings, the Orono Cit Council hereby grants the variances as set forth above and approves th commercial site plan dated April 20, 1987 by R.L. Wuornos and Associate for Smith's Bay Marina & Yacht Club, Inc., subject to the followir. conditions: 1. Owner to execute a Developer’s Agreement and post a letter c credit with the City to insure the following improvements ar installed by August 31, 1988. a) Drainage/surface water treatment improvements per final plai approved by the M.C.W.D. and City of Orono — the City would as that an unde^-ground drainage tile system be located and its ui reviewed as part of that improvement. b) Paving of parking area, lighting, signage, and installatic of grassed area per plans by R.L. Wuornos and Associates date 4/20/87. c) Reconstruction of dock adjacent to shoreline in conjunctic with shoreline restoration ~ areas of dock located above th 929.4 elevation not to exceed a 6 feet width. d) To construct a six feet high privacy fence along the wes side lot line adjacent to the public access. 2. The executed Developer’s Agreement and letter of credit (amount t be 150% of the cost of requirement improvements) must be submitted t the City prior tc application for a building permit for new principa structure. City Engineer shall review total estimate of improvemer costs prior to submittal of letter of credit. 3. Erosion control shall be employed at all times on the site durir the time of the construction of the principal structure and t. shoreline restoration. 4. Owner/applicant shall apply for a building permit with penalty f for commercial dock constructed prior to his ownership of t property. 5. Demolition permits are required for all buildings to be remove Such permits must be obtained by applicant at the time a permit issued for new construction, A certificate of occupancy will not issued for the new structure until all buildings designated f- removal have been razed. 6. Owner/applicant is hereby advised that at the time an applicati for building permit is submitted to the City, the Orono staff sha evaluate the proposed improvement and uses of the property p( standards adopted by Metropolitan Waste Control Commission in t.' determination of Service Availability Charges to be collected with tl issuance of a building permit. Page 3 of 5 m city of ORONO'^i,? ■"”Tr ;-il,.,. ., ......t 5- g 7. Owfi«r shall reimburse the City of Orono for til# #Mt of th« installation of a striped crosswalk within the right-of-way of County aoad 15. •• Attthoritias granted with this resolution run with tho proporty tot with the applicant, but are permissive only and must bo oxoroiaod by application for a building permit within one year of the data of Council approval, or this approval will expire on that date (June B, 1MB). 9. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the soning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 10. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, Ms heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 8th day of June, 1987. bthy /Rallin, City Clerk Jamels R, Grabex, Mayor Property Owner(s) Smithes Bay Marina, Inc. Page 4 of 5 -f *• City of ORONO RESOLUTION OF THE CITY COUNCIL MO. 2194__________ STATE OP MINNESOTA ) ) as. COUNTY OF HENNEPIN ) On this _ _ _ _ _ _ _ _ _ _ __ day of _ _ _ _^_ _ _ _ _ _ _ _ _ _» before ise a Notary Public within and for said county, personally appeared __ _ _ _ _ _ _ __ _ __ _ _ ___ _ _ _ _ _ _ _ known to me to be the person(sl described In and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this ^ - _ _ _ _ _ _ _ _ — a/Jotary PubiiJ^witMn and fgrjp said County, personally appeared known to me to be the 'person (s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. n198/, before me NOTARY PUotic 7. /7J9 MY COMMISSION EXPIRSa_ _ _ _ _ _ _ Page 5 of 5 ----------'I. ; • f,*«.» 1 •(,I ic — minsI^OIA J!rN!"^PIt4 CC’TJfY My «nniml'.ilon 7, IV 89 COUN . MINNESOTA HENNEPIN CITY OF ORONO I Dorothy N. Hallin, City Cleric of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have oonpared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution In the Minutes of the proceedings of said City Council at a neetlng of said City Council held on_ _ _ _ _ _ _ _June 8_ _ _ _ _ _ _, 19 87 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 15th , day of _ _ _ _Ju^y_ _ _ _ _ _ _ _ _ _ _ _ _, 1987_ _ _, allin, City Clerk (SEAL) City of OROIVO ;V.'/RESOLUTION OF THE CITY COWCIL NO. 2306_ _ _ _ _ A RSSOLOTIOV GRAMTHRS A CONDITIOKAL OS2 PIRMXT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVI8ZON 19 AND A VARIANCE PER MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 8 PILE 91215 WHEREAS, Gerald E. Toberman (hereinafter "the applicant") is ch owner of Smith Bay Marina located at 1955 Shoreline Drive within the Cit of Orono (hereinafter "City") and legally described as follows: Commencing at the intersection of the North line of Central Avenu extended Easterly with Easterly right-of-way line of County Road No. thence Northeasterly 42 degrees 15 minutes East 120.05 feet to actua point of beginning thence South 57 degrees 45 minutes East 29.04 fee thence North 37 degrees 50 minutes East 130 feet to the intersectic of North line of Grand Avenue extended Easterly thence North 5 degrees 45 minutes West 18 feet nee Southwesterly 42 degrees 1 minutes West 131.05 feet to begin: including accretions, "ORA PARI ON LAKE MINNETONKA", Hennepin ^junty, Minnesota (hereinafte "property"); and WHEREAS, the applicant has made application to the City of Oror per Section 10.03, Subdivision 19 and Section 10.55, Subdivision 8 t permit installation of 280 lineal feet of seawall adjacent to the shorelin of the Smith Bay Marina. Minnesota ; NOW, THEREFORE, BE IT RESOLVED by the City Council of Oronc FINDINGS 1. This application was reviewed as Zoning File #1215. 2. The property is located in the B-2, Lakeshore Commercial Zonir District. 3. The property is approximately 0.71 acre in area. 4. The Orono Planning Commission reviewed this application c November 16, 1987, and recommended approval of the propose conditional use permit and variance as proposed based on the followir findings : A) Seawall will allow maximum use of limited land area f: parking and storage. Page 1 of 4 rr rr City of OnONO RESOLUTION OF THE CITY COUNCIL NO. 2306__________ B) Watercraft can be closer to service area and sewage pumplnc facility. C) Rip rap would require more land area to allow for the required slope from parking area to lake. D) The water quality/filtering plan is acceptable and maj require less maintenance over rip rap filtering plan because wave action is eliminated. E) The site is a non-natural feature of the shoreline as property was created with filling. F) The projection of this site from natural shoreline presents unique erosion problems — seawall is the most effective method. 5. The City Council finds that the conditions existing on this pro ­ perty are peculiar to it and do not apply generally to other propert: in this zoning district; that granting the variance would nov adversely affect traffic conditions, light, air nor pose a fire hazarc or other danger to neighboring properties; would not merely serve as c convenience to the applicant, but is necessary to alleviate a demon­ strable hardship or difficulty; is necessary to preserve a substantia- property right of the applicant; and would be in keeping spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that granting a conditional use permit tc allow the installation of the seawall will not be detrimental to th€ health, safety or general welfare of the public, would not adversel: affect light, air nor pose a fire hazard or other danger tc neighboring properties, nor will it depreciate surrounding propert, values and that the proposed level of use of the property will be ii keeping with the intent and objectives of the Zoning Code anc Comprehensive Plan of the City. CONCLOSIONSr ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono Cit: Council hereby grants a variance to Municipal Zoning Coda Section 10.55 Subdivision 8 and per Section 10.03, Subdivision 19 grants a conditiona. use permit for the installation of seawall adjacent to the shor3.».ine oi Smith Bay Marina, subject to the following conditions; 1. Treated wood to be used for topping of steel seawall shall be approved by the City inspection staff. Page 2 of 4 •y j City of OROrVO RESOLUTION OF THE CITY COUNCIL NO. 2306_ _ _ _ _ 2. A building permit must be obtained from City prior to th installation of seawall and new dock structure. Such dock shall mee all fire code regulations. Plana of dock structure must be aubmitte to the City for approval by the Council prior to building permit beir issued by Building Department. 3. In no case shall the installation of the seawall result in reclamation of land areas below the 929.4 «ievation but shall t Placed at the "normal shoreline" elevation as shown on Exhibit P, Sit Plan Locating Retaining Wall, included in Orono Council Packets fc November 23, 1987 meeting. 4. Authorities granted by this resolution run with the property m with the applicant, but are permissive only and must be ^ application for a building permit within one year of the date c Council approval, or the special conditions of this resolution wil expire on that date (November 23, 1988). 5. Violation of or non-compliance with any of the terms and cond. tions of this resolution shall constitute a violation of the zoni: code, shall automatically terminate any authority granted herein, a. shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agre to the terms of this resolution and on behalf of himself , Ms heir successors and assigns, hereby agrees to the recording or tn resolution in the chain of title of the property. Adopted by the Orono City Council on this 23rd day of Novembe rothy M^Hallin, City Clerk Property Owner(s) JamV R, GralTekr-^ayor Page 3 of 4 mmp City of OROINO RESOLUTION OF THE CITY COUNCIL NO. __2306 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) ss. On this g day of D 198j before me a Notary Public within and for said county# personally appeared <?. _ _ _ _ _ _ _ _ _ _ known to me to be the personTs)describedIn and who executed the foregoing instrument, and acknowledged that he (they) executed the s^une as his (their) free act and deed. lY PUBLIC MY COMMISSION STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of 198 , before me a Notary Public within and for said County, personally appeared _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 ^5^ OV* MIIMIMEHAHA CREEK WATERSHED DISTRICT P.O. Box 387, Wayzata. MinnasoU 55391 MMmOFIMIMiaBt OaMU H. Coctwan. ^ •Albert' Lahnuw • John E Stomas CamNo 0. Andre • jamee H Spenaley • flchart R MWer • Mchaei R Cairoi OEC' f Permit Application No: 87-78 December 14, 1987 Owner: Smiths Bay Yacht Club/Toberman Mgmt. 1460 Interchange Tower Minneapolis MN 55426 Location: City of Orono, Sec lODBC, Smiths Bay, Lake Minnetonka Purpose: Dredge to remove 4,020 cubic yards of soil for navigational access in a commercial marina and 280 lineal feet of steel sheet pile seawall. Dear Sirs: Receipt is acknowledged for the following which you have submitted as part of the above permit application: 1. Structural analysis of the proposed seawall by an engineer registered in the State of Minnesota. 2. Review and approval by the DNR, received October 6, 1987. This plan and letter are in accordance with the action taken by the Board of Managers on June 18, 1987 in reference to the above permit. This letter is your permit from the Minnehaha Creek Watershed District. Permit approval is base^ upon the following exhibits: 1. 2. 3. 4. 5. 6. 7. Permit Application 87-78, received April 15, 1987. DNR Permit application. Typical cross section and plans showing the dredging limits, prepared by C. Reep, dated April 7, 1987. Typical cross sections of the proposed seawall, dated May 13, 1987, prepared by C. Reep. Revised site plan and cross sections, prepared by C. Reep, dated May 13, 1987. Structural analysis of the proposed seawall by an engineer registered in the State of Minnesota. Review and approval by the DNR, received October 6, 1987. Permit Application No.: Page Two 87-73 This permit is valid for one year. If construction Is not complete within one (1) year, an extension must be requested. Please contact the District at 473-4224 when the project Is about to commence so an Inspector may view the work In progress. EUGENE A. HICKOK AND ASSOCIATES Engineers for the District cc: Board L. Smith Cliff Reep 0. Boudreau, DNR City of Orono Date of Issue * i' WATER QUALITY FILTER TYPICAL SECTION CMionf Rmp 475-1B1B SMITHS BAY YACHT CLUB 18B20 IArM%mMNS5381 5/13/87 SHEET 60F6 SEAWALL TYPICAL SECTION SMITHS BAY YACHT CLUB dftordRMp 475*1816 Shorairw and OavBlopmanc ConsiAant 16820 Edgev««ou Av WayxMa MN 5539* 5/13/87 SHEET 5 OF 5 *1 OF AHC^OR. -S>F£E.r P/lB WALL.- CZ.>»y So/CYMi'^(TM CRM€L BFCkF/U.^ FFF£ £AFWiU4FP)FT MerWOO i>F!JTH e>AY /ArcA <LLue>' -JUNE f7 Jf87 ' J:*l e.XkUfi. i'^ns' pcF ^ » 3*" fi^*0>33 sour£M4-Met>CLFf. 4*0 c. s 3n» r»*" u^i> Pi.» /*7 Tor or W^tc ftaroKic. utui MiiLC Vz/.ir DKKCPfJC ilNK. fz*.s‘ ✓ » 120 rcjp &'* rcF 4 ~ o* F** 1.0 c. » ^oo^(-. FMuiog. z'OF i\u$. t~OAb SctKcMARCit. i ' %, ’ z(IIP'>.33 * 7<, pit : 7lm-h2CHF)%3\ * iFipsf /JSCZti).- ZCSST)') * ~mptA <-Uig. XSPO /’© ’ X 210 pit _ , Pg) a ^lS‘((»i')-^Z10 • ^3 pit * i^p)~2c. 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J'/s"*f » Soemz/s » /Zoo * *4-/ " fc (//» /*•/ 74' Leno TKehTCO poue., /s-o' s/jf/Aio U>/K_J ’ ' f. -:r-' BonestroOf ffos^no, Anderlik & Associates, Inc, 2335 W, Trunlr Highway 35 St Paul, MN 55113 512’535 ‘4500 May 14, 1987 Engineers A Architects CJ»mC Bo>m$nio. f E. tlobrrt W Kmrm. H t. C Amirrtit, f t. atmt/or4 A Lrmtbrr,. P E. KKhtMi E. TWwr. P.E. Jitma C CMkm. f‘ E. City of Orono Box 66 Crystal Bay. MN 55323 Attn: Ms. Jeanne Mabusth Re: File No. 139-1142 Smith Bay Marina Ckim H- Cook. P E Eruk A. Ounkm. H t rkommt k. Mom. P t- HKhord W ko%trr. P E Moktn C. P E. Morvm L. iunom. P E. OtMwMC EontoMit. PE Jtrrf A. Bt.li/Ooit. PE Mart A. HooHOt. P E T/OE FtHO. P E. MirAarf T. Maarawaa. P E ftobm M. PfrJJrrtr. Pt Uo/tO O LoUotm. P E. Thoom Of Pntnoo. P.E. Mo ko/tC. Lymk. P E. korm L. O'Mo. P E. Jmmti B. MoMoO. P E. kroMtk P AmBnoo. PE. knik A Bmkotooo. PE. kto/k B. Botfk P E. Bobm C. BtasH. A.I.A. ntooHU E. .-tatai. P E. Stoll L. rotatg. P E CkorOt A Intktoo Leo M Pooeitiy Horton M. Obaa Staon M. Ek/rtot Dear Jeanne, We have reviewed the site plan submitted on the Smith Bay area. The plan as submitted is acceptable with provisions added for controlling the site runoff. We have shown a preliminary layout for controlling the runoff with filter drain outlets into Lake Minnetonka. This is not the only option but an ex­ ample of what we would recommend. The developer should develop his own silta- tion basin and outlet controls along with hydraulic calculations. The plan should then be submitted to the Minnehaha Creek Watershed for approval. The parking lot layout will allow for adequate movement through the site. We have shown 25' turning radi or the plan which would be more than necessary for the average vehicle. We would expect that most boat launchings will occur at off peak hours and be completed by the operator. The parking area<^ should be surfaced with materials other than lime rock. The rock surfacing creates a dust which silts up the grass ponding areas. The parking lots should be constructed with a porous paving block if hardcover is a concern. The parking lots should be paved with bicuminous surfacing if the hardcover is noi. a problem. If you have any questions, please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Glenn R. Cook GRC:li 3775e i*-- 31^I i. t n * *yiii:.^^. I ’ ■■■. *tj'- ' .-H."- g| r^l* ^ Vii ■ ? ■&• Is ll*Sp;tf Ifp ;5 | |I>«:8J5 '•§'8 2_ »*<^,J5 rKj;mi f^ii i> m?'. CS « • v< >* % ?fl f-r'vS^' *!^’i ^o*mm ip- ^W :Tl~#gi ?:FAw!rtycJ twy Qyxsxyc^xkT»ygg Q<^^ $ lltliS^iS V\ / I _______ r: --'^ 3 •»,;w n S ^ bo ®r: k>•1 ^ Io1 0 > ii|!^“t||2 >'8 ,i c c ^ ^8 •; 3 *g ^-C 3:*i til«li* o 0 CQ . « C 0.0 7K Cl e §|l|!i.=s|f Pli'|i|i1ili■S ° „ '*• ■« ‘t ^ :a i a . -S ‘i «t «M ^ *M O O O ^Uir -Sli^g >* _ ^^3 -ill 181 " <a* ** PO«^0^;S>^ O « ^ KflO.S ^c i,(2 g '^•a.25 ® S « - ^5 I 81 8 g o s 5 *«|JS, l||,l!■fllUli^r2*5.<'s^S- - mS a 3M 5 liiill!!fl!i|■ •’il-siisa i-syii \wM\ 51 9-2.S S] I w LAKE MINNETONKA CONSERVATION DISTRICT 402 EAST LAKE STREET March 14. 1989 WAYZATA. MINNESOTA 55391 TELEPHONE 612/473 7033 eUOENS n. STROMMCN. EXECUTIVE OIRECtOR eOAEO MCMBCnS JoEHvm L Mum CHufr Oro'*" Thomfl* Mwok*. Vlc« Chair Mouofi Jan nof»-vliilir>l. Snriolniy Mlnnriniihn Bancli Mark WrTsilufwI. Daasurar Way> ala Marvin Riotlln Ibnkn Boy David CociHnn Oraaitwood Albart O r o«lor OaapHavan James N Oralharol Encdaior Ron Kraornar Spilnq Park John Lewtnnn Mlnnr>lilsla John O Molinka Vlrlorlo Robert K PItlsbury Minitnlnrika Roliorl Mnnrop Slr<U'*wo4Hl Rolmii F Skroum WDodlnnd Mr. Gerald Toberman SMITH BAY MARINA AND YACHT CLUB, 1460 Interchange Tower 600 South County Road 18 Minneapolis, MN 55>26 INC. Dear Mr. Wobe^an, We recently became aware of your public advertisement relating to the sale of condominium Interests In Smith Bay Marina & Yacht Club. Certain representations In your advertisement cause us considerable concern. We find it necessary to advise and caution you In regard to the limitations with which you might offer an investment Interest in this marina, these limitations including: 1. Your Interest in riparian property and current dock licenses do not entitle your marina to a specific number of boat slips or specific dock design. 2. Any such interests in the number of slips or dock design are subject to reduction or modification in the future by LHCD as the public Interest may reasonably require. 3. Purchase of memberships In the Smith Bay Yacht Club Associ- tlon giving owners a perpetually renewable designated boat slip . . . and a place on the Lake for a boat as long as he marina operates ... is further specifically limited by the Smith Bay Marina Findings as ordered by the Board on 27 April 1988 which sets 1997 as a limit on certain designated slips per the enclosed Order. We further advise caution in any representation to your purcliasers, that your representations are thoroughly evaluated to ensure no misrepresentations as to the nature of the Interest being purchased. We trust you are as Interested In making a successful venture of your new plan as we are seeing It be successful. Everyone benefits by attractive operations on Lake Minnetonka. Please advise us of your understanding of our concerns, and any exceptions you would make to them as we have pointed out to you at this time. Sincerely, 'ugene RT^troinraen Executive Director l/|i Bonestroo Rosene Anderllk & |\J| Associates Engifwers A Architects Ono G Bonrama (•€. Sdcen W ftneoe. n Mepii C Anaem. PS Br«J»5fO A uurveetg. PE ihcrma E njmet. PE Jtmn C <>nn PE Glenn « Coo*. PE THomei £ Noyei PE •DCwft G Scnumcnt PE Mjfwi L SorwM PE Keen A Gooon PE ■ich»o w Poaet. PE Oonju C Bu<9iRt. PE Jerry A Bomoon PE Mm a HMKn *E lEo K PMI PE Me naet r Raumenn PE Booeit» PHeWWe. .»E OaMd O UMkou PE fnorrwf W l^ierwn PE Micnaei C i^ncn PE ijmei t MMna PE Kennetr P Anoenon PE Keen a Bacnmann PE mm » Boft. PE ■oeen C auuep a i a Tno»n« E An^uL PE Howna A SMDM. PE Oanaei J Ed9emm PE Mm a Se«L PE Pniip j Cjsvmm PE mm O VMM PE Tnom»$ • .Anoersm AIA Gary P ByMnorf PE CnjrtM A EncKson Leo M PlMOnky H«ttn M Ohon Suun M Ebenri. c PA tUy 12, 1989 City of Orono Box 66 Crystal Bay. MN 55323 Attnt Ms. Jeanne Mabusth Ret File No. 139 1215 Smiths Bay Yacht Club Dear Jeanne. We have reviewed the storm water runoff filtration system proposed for the Smith's Bay Yacht Club. The design concept is good but we will need a plan along with storm water design computations to complete our review. The retaining wall design should be signed by a registered engineer should also show the walkways along the retaining walls. If you have any questions, please contact this office. Yours very truly. BONESTROO. ROSENE. ANDERLIK & ASSOCIATES. INC. The plan Glenn R. Cook GRCili 2335 West Highway 36 • St. Paul. Minnesota 55113 • 612-636-4600 / REVIEW OF CALCULATIONS FOR DESIGN OF ANCHOR SHEET PILE WALL FOR SMITH'S BAY YACHT CLUB 1955 SHORELINE DRIVE ORONO,-MN 55391 BAKXE KOPP BALLOU A McFARLIN. INC. CONSULTING ENGINEERS MINNEAPOLIS, MN 55401 Registration No. 14516 R % / Planting Schedule For Smiths Bay Marina & Yacht Club 1. Ij" - 2” Summit Ash 2. Ij" - 2" Summit Asn 3. li” - 2" Summit Ash 4. li" - 2” Summit Ash 5. 18" diameter Hughes Juniper and Anthony Water Spirea (pot size) 6. 18" diameter Hughes Juniper and Anthony Water Spirea (pot size) 7. Gold Drop Potentilla 8. 18" diameter Hughes Juniper and Anthony Water Spirea (pot size) all along the walkway. 9. Mock Orange 10. Mock Orange 11. Maney Juniper(pot size) and purple leaf sand cherry (pot size). All plantings will be done in the fall of 1989 after the building construction and blacktopping are completed. Vern Larsen Property Manager vS- ^ A /Vfu^ £4^,/s.saT COUHai MEETING / ^ Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson JUN 121989 cirroF Prom: Date: Subject: Jeanne A. Mabusth, Building & Zoning Administrator May 12, 1989 #1409 Jann & Renee Oslten, 3090 Farview Lane - Conditional Use Permit - Public Hearing Please review Exhibit A, Glenn Cook's report reviewing the proposed land alteration conditional use permit. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Cook's Report 5/11/89 Application Property Owners List Plat Map Lot Survey Exhibit? - Elevations Prior to Lot Development Exhibit G - Proposed Grading Plan Exhibit H - Building Permit Survey Additional Comments and Planning Commission Recosmendation June 6, 1989 Brian Butterfield, the applicants' contractor, advised that approximately 200 cubic yards of the excavated earth would be used to distribute within 4-6" on the north side of the driveway and around the septic system area. The entire area would be reseeded in addition to the plantings as shown on the attached exhibit. As filling only involved the matter of top soil for reseeding, it did not seem appropriate to ask for an amended topographic map. Butterfield was also advised to use extreme caution in the placing of fill around the septic area. Gaffron confirmed that he had been in contact with Butterfield to discuss filling and advised that he had recommended the filling around the septic site area. The Planning Commission unanimously recommended approval of the conditional use permit. The enclosed resolution has been drafted for your review and action. A RSSOI.UnON GRANTING A CONDTIONAL USB PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 PILE #1409 WHEREAS, Jann and Renee Olsten (hereinafter "the applicants") are the owners of the property located at 3090 Farview Lane within the City of Orono (hereinafter "City") and legally described as Lot 2, Bloclc 2, Farview, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicants have applied to the City of Orono for a conditional use permit to permit land alterations involving excavation, filling, and the installation of retaining walls on the property per Municipal Zoning Code Section 10.03, Subdivision 19. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1409. 2. The property is located in the RR-IB Rural Residential Zoning District requiring 2 acres in area. The property consists of 2+ acres. 3. On May 15, 1989, the Orono Planning Commission reviewed the application as proposed and recommended approval based on one or more of the following findings: A) The proposed land alterations on the property will have no negative impact on the existing drainage patterns nor will there be a change in drainage. B) The level area on the lot would be increased with the proposed alterations allowing more surface run-off to percolate into the soils. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicants and the affect of the proposed use on the health, safety, and welfare of the community. Page 1 of 4 5. The City Council finds that granting a conditional use permit to allow land alterations in excess of 100 cubic yards will not be be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit excavations, filling, and the installation of retaining walls involving land alterations in excess of 100 cubic yards, subject to the following conditions: 1« Adequate erosion control to be provided as soon as the excavation work commences and is to remain on site until ground cover is restored. 2. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval or the special conditions of this resolution will expire on that date (June 12, 1990). 3. Violation of or non-compliance wxth any of the terms and conditions of this resolution shall Cv. isti'. it *, s. violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned owners have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 2 of 4 Adopted by the Oror.o City Council on this 12th day of June, 1989. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) ~ -- STATE OF MINNESOTA ) ) 8S. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of June, 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 3 of 4 Bonestroo Rosene Anderlik & Associates Engineers & Architects May 11, 1989 O do G Bonntioa PE RDO«fT W Boiwie ®E joiepft C Andefiik PE Br.vAxa A Lef«»»g. PE E Tumef PE Jawj C Orton. PE Glenn R Cook. PE Thomai E Noyw PE Rooen G Scn»«nt. PE Mmnn L Sonou. PE Keen a Gordon PE (hctijra w fovet. PE Donald C BoigiiOt PE ;efry A Bourdon PE Man A Hamon PE Ted K Fe« PE Mcnaer T Rautmarw PE RDOert R PTWfetie. PE David O LoOou PE Thomas W Peterson PE Vkhaei C Lyntn PE James R Maiand PE Kenneth P ArxSerson PE Ke<h A Sacrmarvi PE Man R RoRv PE Rooert C Russek AIA Thomas E Angus PE Howard A SarKOrO. PE Danei J Edgerton PE Man A Seo. PE Phi«0 J Caswee. PE Man o Muatts PE Thomas R Anderson AIA Gary P Ryiander PE Chanes A Encuscn Leo M Pawersky Haiun M Olson Susan M Ebeiw CPA City of Orono Box 66 Crystal Bay. MN 55323 Attn: Jeanne Mabusth Re: 139-1A09 Jann & Renee Olsten Dear Jeanne: Ve have reviewed the proposed lot grading on the Olsten property on Farview Lane. The proposed plan would not result in any significant change in drainage. It is difficult to determine from the drawings ;.ubmitted where the excavated material will be placed on the site. The property owner should submit an amended drawing clearly outlining the existing and proposed contours in fill areas. The entire site should be restored as soon as possible after the excavation work is completed. The level area on the lot would be increased with the proposed construction allowing more water to percolate into the soil. We would recommend that the regrading of the property be approved. If you have any questions, please contact this office. Yours very truly, BONESTROO. ROSENE. ANDERLIK & ASSOCIATES, INC. Glenn R. Cook GRC:ci 2335 West Highway 36 • St. Paul. Minnesota 55113 • 612-636-4600 CITY OP ORONO - GEHERAL LAHD USE APPLICATION PROPERTY LOCATION Site Address 3 OO PcCi L'j.un 1IZ2)9 Property Identification Number (P.I.D.) Please check one - Property ✓abstract or (for Conditional Use Applications only) torrens? f-rr^ .::\;.VCCCC 01 JcV Please attach legal description to application if not included;/; 200,i on required survey. YDU APPLICANT Phone (home) Name •* Oli-fieo Phone (work) Address City Zip ONNER (if different than applicant)Phone (home) Ncure Phone Address City Zip Date Property Accruired (month/year) I (do) (do not) also own the adjacent parcels of land. PEES - CONDITIONAL USE PERMITS - Renewal Fee - 1/2 Current Fee After-the-Fact Fee - Double Current Application Fee $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 y $200.00 f)Land Alteration Grading and filling - designated wetland or floodplain Grading and filling - 101 cu- yd. or more Grading, seawall, retaining walls within 75* of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS _ _ _ _ $150.00 Commercial Site Plan Review (+ consultant fees) _ _ _ _ $250.00 Vacation _ _ _ _ $150.00 Easement Vacation _ _ _ _ $ 50.00 Easement Vacation With Subdivision _ _ _ _ $250.00 Rezoning _ _ _ _ $100.00 Appeals _ _ _ _ Other - see fee schedule PRESSNT USB OF PROPERTY Present Zoning District Present Use of Property _ _ _ Residential Other (specify)_ DBSCRIPnOH OF REQUEST Describe request in detail: r. SBQUIRBD SUBMITTALS y. Completed Application Form. Certified Property Owners List of owners within 350* (you can obtain this list from Hennepin County Department of Finance A-60 3 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. y- y. 5. 6. y. y 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____________ APPLICANT'S SIGNATURE ^ ^ The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees aui/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^" —^ OWNERS SIGNATURE , . . The owner hereby ackho^edges 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 hai(re all submittals into the City offices 25 days before the Planning Commissilm Meeting. Planning Commission Meetings are held on the third Monday of ea^ month. Applicants must be present -t all scheduled 'review meetings of the Planning Commission and Council *^plicant is unable to attend a scheduled meeting, please make nrr;: - '^*5 to have an authorized agent attend in your place and advise the & Zoning Office of this change prior to the meeting. c CERTIPICATB OF MAILING STATE OP MINNESOTA ) ) COUNTY OF HENNEPIN ) S3. ) CITY OF ORONO ) I Jamie ’’osma of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1409 Jann & Renee Olsten was maixed to the attached list of property owners. In Witness Whereof# I have hereunto set my hand and seal this 25th day of May, 1989. 4 Jame Bosma, Secretary ,.3.r-; ;-^-‘ '>-”J-h v.“:^>;f '.vv t tT" *•■'.’ .'*, X • »tv'^ ''u7- vir^<;k^-/i^-v ;i5f^-?vr-*VV* , ;,;:*',*ivV : »::• i*..-.' uv*4» -I ->'• i»^! '7 ^ V ■:’O .Wx. .. , —»i:>, ••'4 r.,-.7T- '• ■■ "--r: .fc. r 7r> :;*-f: r^r—?>■ , , •. 4^4.04^ -....._. .1 ^ ^ a- 44S9i . N 51 :*•:•» /U;u:i;’- ;•, 3,',C.rS I - . J v^^xV 'v • ■X 'rv’ -. 'i’•-••'ri vo w if^ i 4 . "K* w.. ' >/ ''s. >.m -,, kt::^ 'x '»'x. 'x,^ H - -«fc- ) - •‘x y.. S:^0 ~si m0^vm 0.A '^^121989 Mayor Grabek and Council City Administrator Bernhardson ^^OHOHo FROM: Michael Gaffronr Asst. Planning & Zoning Admin. DATS: June 6, 1989 SDBJ: #14lO“Ron and Julie Prineas, 1980 Heritage Drive Variance - Resolution Application - Request for lot width variance in order to construct a single family residence. Zoning District - LR-IA, 2 acre unsewered List of Exhibits - Exhibit A - Planning Commission Minutes 5/15/89 Exhibit B - Notice of Planning Commission Action 5/19/89 Exhibit C - Letter from Hennepin County re: Road Access Exhibit D - Alternate Drainfield Site Location & Definition of Buildable Envelope Exhibit E - Memo and exhibits of 5/11/89 Exhibit F - Draft Resolution Discnssion - Please review the memo and exhibits of 5/11/89, and the Planning Commission Minutes. Briefly, applicants have a narrow, separate 2-acre parcel adjacent to their homestead lot. The request is a lot width variance in order to sell the narrow lot as a separate building site. The applicants have provided the necessary septic testing information to show that two drainfield sites exist on the property. A possible third drainfield site, to the rear of the property (west), has not been tested, but would also likely prove suitable for a mound system, as do the two tested sites. The lot has legal access and frontage on County Road 15, and has 20* of lakeshore. At the Planning Commission public hearing, access became an issue because neighboring property owners expressed concern about the safety of a new driveway access onto County Road 15. It was suggested by the neighboring property owners that an access to the rear, via Heritage Drive, be considered. After much discussion, the Planning Co: jtission voted 5-0 (with one abstension due to a potential conflict of interest) to recommend approval of the 170* lot width variance, conditioned on the following: 1 1, Anv proposed residence structure must meet the required septic envelope setbacks. 2. No new *’riveway access to Cpunty Road 15. Applicant must find alternative access, via a shared driveway with neighbor or an easement to the rear of the property. 3. review. Complete remaining septic testing prior to Council The Planning Commission suggested that applicant construct a long driveway through the homestead parcel on an existing 20* road easement abutting the railroad right-of-way. Alternatively, the Planning Commission suggested that applicants gain access for the narrow lot by sharing the existing driveway of the neighbors to the south. The applicants requested a letter from Hennepin County regarding access to County Road 15 directly. The County indicated they have absolutely no problem with an access driveway being constructed for this property. In a follow-up discussion with Dave Zetterstrom of Hennepin County, he indicated that construction of a new driveway would function essentially as a shared entrance, while providing better sight distance than the existing intersection of Heritage Drive with County 15. Additionally, staff would note that due to topographical concerns, it would be costly to construct a 500 foot long driveway to serve the proposed building slta from Heritage Drive, and such a driveway would have a significant detrimental effect on two of the three potential dralnfield sites on the property. For all of the above-noted reasons, staff would recommend that a direct access to County Road 15 be approved. Finally, note that the conceptually proposed house is oriented so that the garage faces one of the alternate dralnfield sites. Since this is only a conceptual proposal to show that a house could feasibly be placed within the building envelope, staff would expect that any house proposed for the property would be subject to more thorough site planning to insure an appropriate layout. Note that the Planning Commission did not feel it was strictly necessary to do a lot line rearrangement to make the potential building envelope larger, although staff suggested this as a potential benefit to the property. Of course, any potential buyer of the property would have to make themselves aware of the limited building envelope. A copy of the building envelope diagram should be filed in the chain of title with any approval resolution that is adopted. Staff Recoamiendation - Staff would recommend approval of the 170* variance to the 200* lot width requirement, finding that the property exceeds the 2-acre minimum lot area requir, and finding that % feasible building envelope exists in addition to primary and alternate drainfield sites. The hardship in this case is the existing' layout of the lot in relationship to its road frontage and the fact that there is no available land adjacent to the point from which lot widths are measured. Staff would recommend the following conditions if variance approval is granted: 1. Building envelope and drainfield site diagram shall be filed in the chain of title with a copy of the approval resolution. 2. Approval of a direct driveway access to County Road 15. 3. Any proposed residence must meet the required setbacks of the LR-IA zoning district and not conflict with septic system setbacks. 4. Payment of the standard park fee when a building permit is issued. NIMUTBS OP THE PLANNING COMMISSION MEETING MAY 15, 1989 ZONING FILE 11408-SMITH BAT MARINA CONTINUED accessory structure of 32*. Approval is conditioned upon a planting schedule with specific planting identification being presented to the City Council. Mabusth asked the applicant about the existence of an underground gas tank and asked the applicant to provide the City with such information. Kelley added that provision to his motion. Bellows seconded. Kelley added that the City should be very strict when dealing with gas tanks being placed near the lakeshore. Motion, Ayes»5, Nays«0, Cohen abstained. Motion passed. #1409 JANN 8 RENEE OLSTEN 3090 FARVIEN LAME CONDITIONAL USE PERMIT PUBLIC HEARING 9:42 P.M. TO 9:45 P.M. The Affidavit of Publication and Certificate of Mailing we^3 duly noted. The applicant was present for this public hearing, as was the applicant's contractor, Mr. Brian Butterfield. Zoning Administrator Mabusth explained that the land alteration conditional use permit was required because the work is being done after the issuance of the building permit. Mabusth asked the contractor whether the excavated dirt would be distributed and seeded? Mr. Butterfield replied that there would be approximately 200 yards that would be distributed on site and seeded. Mabusth asked how many yards of fill would be required to achieve the 4” to 6 ” indicated on the landscaping plan? Mr. Butcerfield said approximately 200 cubic yards would be used to grade on the north side of the driveway and around the septic sysr.em. Mabusth reminded Mr. Butterfield to use special care with filling in drainfield area. Gaffron noted that he had advised owners to fill around the drainfield. Mr. Butterfield said that he had tracks on his bob cat. 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. Motion, Ayes»6, Nays«0, Motion passed. #1410 JULIE PRINEAS 1980 HERITAGE DRIVE VARIANCES PUBLIC HEARING 9:47 P.M. TO 10:10 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. and Mrs. Prineas were present for this matter. Assistant Planning and Zoning Administrator Gaffron MINUTES OF THE PLANNING COMMISSION MEETING MAY 15, 1989 ZONING FILE #1410-PRINEAS CONTINUED explained that the applicants were seeking a lot width variance. The standard for the LR-IA, 2 acre zoning district is 200* and the defined width of this lot at the 50* setback from County Road 15 is only 30*. The applicants will require a 170* variance. Gaffron said that the applicants were required to provide septic testing to show where the house and drainfield sites will be. The site evaluator initially proposed to place two drainfield sites west of the house where the lot has the most width. However, during the testing, it was determined that there would be room for only one sy<~tem at that site and additional testing would be needed to find a suitable second alternate site. Gaffron said that the building envelope would be very limited when taking the drainfield sites and setbacks into consideration. Staff is recommending that the building limitations be eased by having a minor subdivision done to add a triangle of the applicants* adjacent property. The lot line rearrangement would increase the building envelope by 80%. The applicants* lot containing their residence has a separate tax identification number and is in excess of 2 acres. The lot line rearrangement would not create pny substandard setbacks for the existing principal structure. Chairman Kelley questioned whether this lot had riparian rights? Gaffron replied that the applicants would give up *:heir riparian access to the existing house. Chairman Kelley asked the Prineases if they would object to including the triange of the property with the new lot? Mr. Keith Nelson, Mr. and Mrs. Prineas* Attorney, said that Mr. and Mrs. Prineas preferred to proceed with the lot width variance as proposed. He said that the parcel has always existed as is. Secondly, the Prineas*s homestead parcel is a bit over 3 acres and any new owner would not requiie a variance to board a horse. Mr. Nelson said that placing a house further back on the new lot would detract from the existing views of any adjacent property. Kelley said that the Planning Commission was only trying to provide the applicants with an option that would create a sufficient building envelope. He said that the City would not likely approve a variance for constructing a residence on the new lot. Gaffron noted that the designated wetland would take away from the lot area for most zoning purposes and would possibly take away from the zoning requirement for horses. Assistant Planning and Zoning Administrator Gaffron said that the access for this lot is proposed off of County Road 15. The applicants have received approval from Hennepin County for this access. Mr. and Mrs. Robert Stierna, of 1930 Shoreline Drive, indicated that they were concerned about the access. He said that he had a oroposed agreement from the previous owners of the applicants* prc;'erty. The agreement would extinguish an easement that exists along the back 20* of the lot. Mr. Stierna said that the easement extended from the railrod to Arbor Street and runs MINDTBS OF THE PLANNIH6 COMMISSION MEETING MAY 15, 1989 ZONING PILE «1410-PRINBAS CONTINUED across their property as well. Ms. Carol Laguey, the applicants' real estate agent, provided a brief history regarding the easement. She said that once Heritage Drive was put through, there was no longer a need for the easement. She sa..d that the applicants* parcel was designed to access off of County Road 15. She said that if the easement were used, the access would be over 450' in length. Planning Commissioner Bellows said that she would prefer to see the access occur somewhere other than County Road 15. Ms. Laquey asked if the City would be willing to maintain Railroad Avenue. Bellows replied that this would be no different than any other subdivision and that an outlot designation would be required. Kelley pointed out that the applicants were not subdividing. Bellows commented that in any event, accessing off of County Road 15 was a bad idea. Gaffron said that accessing in another location may interfere with the septic sites. Planning Commissioner Brown questioned whether it would be possible to share a driveway with the Stearns? The Stiernas indicated that they would be in favor of such a proposal. It was moved by Ci.airman Kelley, seconded by Planning Commissioner Cohen, to recommend approval of this application provided that there be no additional access off of County Road 15. Mr. Nelson disagreed with such a proposal saying that it made the application contingent upon the neighbors' approval. Motion, Ayes«5, Nays«0, Hanson abstained. (Planning Commissioner Hanson departed at this time). REVIEW OF REVISED WORDING - ZONING CODE AMENDMENTS Planning Commissioner Cohen questioned the wording of sections of these amendments for the sake of clarity. In Section 1(c)(2), the heading should be revised to read "Oversized accessory structures are regulated by the following table:" (Planning Commissioner Bellows departed at this time.) Section 1(c)(3)(c) should clarify that the covenants and agreement be "in writing". Also, sentence structure with no change in meaning was changed in Section l(c)(3)(c)i and iii. Section 1(c)(4) was revised to refer to any required yard as defined for each zoning district, to clarify the intent and meaning. Section 2 was revised by changing the sentence structure and adding the words "total area", "combined footprint", and "all principal and accessory structures", to clarify the intents and meanings of these phrases. It was moved by Chairman Kelley, seconded by Planning ' ' CITY OF ORONO P.O. Box Co Crystal Bay, MN 55323 zoimiG nu so. «i4id NOTICE OF PLAMNIH6 C0M1IZ88X0« ACROS 473-7357 Date p£ Noticet 05/19/f TO:Ron & Julie Prineas COPIES TO: 1980 Heritage Drive Wayzata, MN 55391 TYPE OF APPLICATION: Variance iMlTE OF MEETING: 5/15/89 VOTE: 5 For 0 Against 1 Abstain Planning ComiiLission recommends the following: Approval subject to conditions noted below NOTES AND JPECIA;« CONDITIONS: Planning Commission recommended approval of the requested 170* 1 width variance, with the following conditions; 1. Any proposed residence structure must meet the required lot 1: c,snd septic envelope setbacks. 2. No new driveway access to County Road 15. Applicant must fi alternative access, via a shared driveway with neighbor or an easement the rear of the property. 3. Complete remaining septic testing prioi to Council review. Applicant's next scheduled meeting is confirmed as: City Council Monday, June 12, 1989; meeting starts at 7:00p.m. If you desire ertified copies of the official Planning Commissi minutes, they are available from the City Recorder after review a approVw 1 by the Planning Commission. HENNEHN . C DEPARTt. icNT OF PUBLIC WORKS Operations Division 320 Washington Ave. South Hopkins, Minnesota 55343-8468 Phone: (612) 935-3381 .UN - 5 June 2, 1989 Mr. Ron Prineas 1920 Heritage Drive Wayzata, Minnesota 53391 Re: Access to County Road 15 Dear Sir: At your request we have reviewed the access froe your site onto County State Aid Highway (CSAH) 15. Since the visibility Is practically unlimited and the proposed driveway would abut an existing private driveway. In effect functioning as a shared entrance, Hennepin County will allow access at that location. Although access Is usually denied when a parcel abuts w -Ity street. In this Instance the access to CSAH 15 seems reasonable, given the alternatives. Please call with any further questions. Sincerely, David K.^Uerstrom Entrance Permit Coordinator DKZ:pl cc: Mike Caffron, City of Orono HENNEPIN COUNTY on equal opportunity employer £///. D ;«,.V' § •I «-4 c •H & 0 S^ IS «i-l c X O 0*0 •H ^ c «M W 10 O 10 <H u > o N 5 ^ ^ V 0.V -r c J3*U S *t a o 0 cn c U pH o n %TJ - «M n -H i4 o O 10 o V pH n 4J u 4J -HO •H n -o j: E h VI 9 41 O << •MM 41 O U * (0 « 41 pHM o a 10 C pH M3 M 41 a *a 0 VI M -P* *«H *o <0 a D> VI g <1 « e X C»M ^ •M O 01 «M p-i x: o g 41 m a 91 <H O O <M pH 41 rH O •M NO» P m ^7« C ♦H M ^ « M ai >a •O O 4i M 0« 41 01 Oa o u • O 3 U o 3^ a z JC V 41 9 «N 9 c o « P V) 4.> n o M P V) 3 tpj: p V] C 41 C •H C *o >*e-H c p^ o z 3-S . \C >1^ ^4> J pH C ».- H - / -H O O 41 01 41 O 89 n ^ ..1 p (.’ tJ» o P -p< I.) ^ a *1 CJ •8. *-■ c . c *J £ •• TJ ct c tu 6 «o o a p u? »M m To: Mayor Grabek 6 Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: May Hr 1989 Subject: #1410 Julie Prineas, 1980 Heritage Drive - Variance - Public Hearing I Zoning District - LR-IA, Single family lakeshore residential# 2 acre# unsevered Application - Request for lot width variance to construct a single feunily residence* List of Exhibits Exhibit A Exhibit B Exhibit Exhibit Exhibit Exhibit Exhibit C D E P G H Application Plat Map Property Owners List Survey Survey with Staff Notations Access Approval from Hennepin County Wetlands Air Photo Pertinent Facts - 1* Lot Area - 2.05 acres. 2. Defined lot width at the 50' setback from County Road 15 is 30' where 200' width is required. 3. Staff has required applicant to provide a conceptual site plan indicating the house location# as well as a site evaluation for septic system construction# to verify that this is a buildable lot. 4. Applicant has provided a site evaluation report which generally indicates that a mound system is required on the property. The primary site would be located west of the proposed house site. The site evaluator had orlgln^lj^ indicated that the primary and alternate sites would both be west of the house# however after discussions regarding required setbacks and the width of the mound due to slope constraints# it was determined that a second alternate site should be tested. There are two feasible locations# one being at the far west end of the lot# the other being east of the house site. Testing is currently underway for this secondary site and due to sandy soils anticipated# there is a slight possibility that one of the two alternate sites would be suitable for trenches. Either site could be expected to support a mound system. Zoning File #1410 May 11, 1989 Page 2 of 3 5. Based on the drainfield sites, and the required 30* side setbacks, an odd shaped building envelope of approximately 7,200 s.f. would be available and still leave adequate setback to the mound sites. 6. Because of the location of the mound sites, required setbacks, and narrowness of the property, the proposed building envelope is extremely limited and will require cautious site planning to develop a residence. 7. The proposed house site is at a high point on the lot, and drainage generally would flow away from the house and away from neighboring residences towards two natural wetland areas to the southwest and northeast of the property. The drainage impact of this development would be minimal. 8. Note that the applicant also owns an adjacent 3-acre dc ^eloped parcel. Both the existing house and the lot for which a variance is requested exceed the 2 acre requirement. The existing house has a tested alternate drainfield site. Allowing this lot width variance and granting buildability to the parcel in question will not limit the sepcic capabilities for the existing residence property. 9. Hennepin County has indicated they will approve a driveway access at County Road 15 for the subject property (see the attached memo from Dave Zetterstrom). DiBcassion - The applicant and her surveyor have suggested a conceptual house location and design for purposes of discussion. Since applicant's intent is to either sell the entire 5-acre property as a single unit or sell off the house and extra lot separately, we are certainly not bound to this specific site plan. Also note that, since one of the likely drainfield sites is directly east of the building envelope, the garage certainly could not be oriented as shown on the survey and still maintain driveway setbacks from the drainfield area. Certainly this specific house plan could be re-oriented to eliminate any conflict, and it is most lik \y that a different house entirely will be constructed on this Iw ; if the variance is approved. Note that at its widest point, the lot is less than the 200* required lot width. An option which applicant would prefer to avoid, is a lot line rearrangement to give the subject property more acreage. A schematic to accomplish that is shown in Exhibit E. Note that by adding 5,000 s.f. to the lot the potential usable building envelope is practically doubled. Zoning File #1410 May 11, 1989 Page 3 of 3 Staff Reco—endation Given the septic system and site information provided, a modest single family residence can be developed on this long, narrow lot subject to the some extreme site limitations. However, the buildability of the lot would be significantly enhanced by adding a fairly small portion of adjacent land near the proposed building envelope. The Planning Commission may wish to consider the following options: 1. Recommend approval of the defined 170* lot width variance, with the condition that any proposed residence must meet the required lot line and septic envelope setbacks. 2. Recommend approval subject to a lot line rearrangement which opens up the building envelope, such as shown in Exhibit E, 2md again require that all setbacks be met. 3. Recommend denial based on the limited building envelope available. 4. Other. CITY OF ORONO - VARIANCE APPLICATION - Initial Application Fee $150.00 ($50.00 per each additional vari^ST JK Renewal Variance Fee $75.00 '"W Jjl ' v'l u-iA' i5(- (no change from original application) - After-the-Fact Fees (Double application fee) PROPERTY LOCATION ^ Site Address ( \)(D1^ ^SssS / c?-O^ /O vS" Property Identification Number (P.I.D.) \(D II ^cO Pi OO / L/> Please check one - Property V^^bstract or _ _ _ torrens? Attach legal description to application if not included on required survey. APPLICANT Phone (home)_ _ _^X3 ~ (DO^^y^ Name ^DLfJE^ ^/l //XJ^^/^S_ _ _ _ _ Phone (work) Address: / f gO iT/iaC^ /V City: LU Zip: OWNER (if different than applicant) Phone (home)_ _ _ _ _ _ _ _ _ __ Namci _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone (work)_ _ _ Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ City:_ _ _ _ _ _ _ _ _ _Zip:_ _ _ _ _ _ _ Date Property Acquired J V / ^ _ _ _ _ _ (month/year) ^ rM/ice^— iMdo) i(do not) also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District ^ ^_ _ _ _ _ _ _ _ _ _ _ _ _ __ Present Use of Property _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ __ Residential _ _ _ _ _ _ _ Other (specify) _ _ ___ _ _ _ _ _ _ _ _ DESCRIPTION OF REQUEST Estimated Construction Cost $ Q(OC Describe request in detail: ~ A ^S. fsJ(f <f* ^___ < //^ AJr<^7^^ v\ cx OU U-»/67“>/ VARIANCES REQUIRED _ _ _ _ Lot Area v Lot Width _ _ _ Hardcover % Setback Variances ( Front _ _ _ Side Rear) Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; \,.}.\~rrr_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DESCRIPTION OF UNUSXIAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Recruirements; S :s ^ u } > AT~f4_ _ _ _ _ _ _ _ _ _ _ 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 compli te. 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 expe'-^es incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. ^ . _ _ _ _ _ _ Date *~1 i.O I I _ _ _Applicant's Signature OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga­ tion and verification of this request. Owner's Signature Date h(aiI?1 Applicant must have all sxibmittals into the City offices 25 days before the Planning Connnission 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. 0^o h \ s s h alii ISa ui «S|32S§ M K Z Z UJ M M M M 3 I « OE QC < _ 5S‘-*'Si r •’■•5<e o a X »- JjgSSS UI s«c®*O O M 4<O M »4 M ^ < Z MO w\ M SpSs_g M K V} iH O o a o z N K» UJ VS sa>= o ^gs< X » iaS ^ M SoS iSi <« M -I •H 3 <0 < Ko|ui ;; ?p!S:SSS M Ui Ui lAsgssg1 O X X < _ S3“Si I UI <o _ a o X H ''S^^oSi sl:iil slili e X X X0 a -) “» 5* M m a p X M ^g«2o}g 1 iiifi ''3SSo;30« O U lA >a 9> Mm o z z rl z o rH tH 9>a I i o 9 5 S ^ ^ a o ^ » I hi li|I aS!Sl: ^§-!p NX a M j 3 a UI ^ _N X UI ^ N 2 ^ a H h 9 * 1* ^ W A ^ SoH!*^5 a o a a z ixih- Sx §« M U s'LSo’s^S «2-|l| m o X Z z X O' _ a a ia® Hi a si 3*S!? 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I * • '* '• ••■ > V -;» l:f f‘' •■■ = 1^'-ul! jf ^ •-i- . .■•* .i.K'Pt^ ■>imM m i§ ■'.? •• Jmi SmBBW'?: p wracaiii*1 ‘liiiiiliiiii pi'll:! 11 isa .V. v V; rrf 5:'\> Ia’. ;, llpll 11111 itfel iliiim :P ■illl.’.^ kv t v'lig U; rsPv^3 ^ s? ;s! il*i SfalEvj ^liii ilillf i yS :-51 ii ^m¥m I' i|iimm Miitiiliiiiiiil IM ^i b?n5!r--: ,i CSETr " :ih*i ^ -rcAl ••jUKi: ■v::'c .■-.!/;:'-a'};■ •■ r-;■•:•: -h ■ v-CT; m A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6(B) FILE #1410 WHEREAS, Ronald and Julie Prineas (hereinafter "the applicants") are owners of the property located at 1980 Heritap Drive within the City of Orono (hereinafter "City") and legally described as follows: Per Exhibit "A" attached (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 30.23, Subdivision 6'B) to permit the construction of a single family residence on a lot of defined width 30' where a defined lot width of 200 is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #14’0. 2. The property is located in the LR-IA Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 15, 1989, and recommended approval of the proposed variance based upon the following findings: a) The lot area exceeds the minimum 2.0 dry buildable acre requirement. b) A feasible building envelope exists in addition to primary and alternate drainfield sites which have been tested and approved for use. Page 1 of 5 c) The hardship to the property lies in its extreme narrowness at the point where the defined lot width is measured. Furthermorer there is no adjacent land available for purchase that would increase the defined lot width to the 200' minimum standard. 4. The Hennepin County Department of Public Works has verified that the County will approve a private driv3Wi.y access onto County Road 15. 5. Although the property contains a feasible building siter that site is limited by narrowness of the lot and by the designated drainfield sites, hence careful site planning will be required in developing the property. Therefore, it is appropriate that a diagram of the building envelope and drainfield sites be filed with this resolution to make future potential buyers of the property aware of the site limitations. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 7. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district? that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant? and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.23, Subdivision 6(B) to permit the construction of a single family residence on this lot of defined width 30* where a 200 foot defined lot width is normally required for construction of a single family residence, subject to the following conditions: Page 2 of 5 1. Any proposed residence must meet the required minimum setbacks established for the LR-IA zoning district, and must further meet the required setbacks from drainfield si*' s. 2. A diagram of the building envelope and approved drainfield sites shall be attached to this resolution as Exhibit "B", to advise future potential buyers of the property of the building site limitations. 3. Any proposed residence or development of the property shall meet the hardcover requirements of the LR-IA zoning district. 4. No other zoning variances for development of this property will be granted. 5. The approved access for the property is a single driveway at County Road 15. 6. The standard park fee shall be collected by the City at the time a building permit is issued. 7. Authorities 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 (June 12, 1990). 8. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 9. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, and hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 5 Adopted by the Orono City Council on this 1989. day of ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor STATE OF MINNESOTA) ) 8 8 • COUNTY OP HENNEPIN) The foregoing instrument was acknowledged before me on this day of _ _ _ _ _ _ _ _ _, _ _ _ _ _/ 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 Page 4 of 4 /7 o To: Mayor Grabek & Orono Council Members Fron: John R. Gerhardson, Public Works Director UReH MEETING JUN 121989 Date: June 8, 1989 QflY Q|T QKQUQ Subject: Livingston Avenue Drainage - 3572 Livingston Avenue At the May 22, 1989 Council meeting. Council was presented with a petition from neighbors of 3572 Livingston Avenue requesting an above ground drainage system rather than an under­ ground storm sewer. The reason being an above ground system would not be so costly to construct. In addition to the petition received. Council also received information from Karen Cuff, 3572 Livingston Avenue, indicating that there is ground contamination on her property due to being the receiver of storm water from the surrounding neighborhood. After the May 22nd Council meeting. City Engineer Glenn Cook and I met with Karen Cuff to discuss the matter. The results of that meeting are that Karen Cuff is requesting soil testing be conducted on her property to confirm the ground contamination due to the storm water running across the top of the around, depositing contaminates from neighborhood run-off. It is also Karen's opinion that the City should perform and pay for the soil tests. I have discussed this matter with Mr. Tom Barrett, City Attorney and it is his opinion that the City is not responsible for performing or paying for soil testing. The City Engineer is determining the cost of the soil testing. Karen Cuff will be in attendance at the meeting to discuss this matter. o June 12, 1989 City of Orono Information sheet on contact persons and companies for testing of soil and our dog. Twin City Testing: Chemical Analysis, Jim Nelson 645-3601 (soil testing) Organic Chemical Dept, Fred Deroos 645-3601, (dioxen on animals) EPA (Dept, of Agriculture): Wayne Dally 296-6121, (EPA testing for sights) Larry Hust 623-5325, (EPA Toxicolligist) Paul, in the Legal Dept for EPA (RE: case in Maple Grove 3 years ago in reference to existing water way over private property and over fertilization. Could not reasonably maintain property in lu of over fertilizing of property) Information still needed for proper testing: Average cimounts of pesticides and herbicides found in non-run of property in area. Average amounts of the above listed chemicals found in dogs, and there toxic leavels. (this needs to be obtained from Larry Stowe at the University of Minnesota 625-7755) He is out of the country untill next week. We would like to be involved with all aspects of the testing of our property. As far as our dog is concerned, I personaly will check out additional information in samples for testing and work directly through Long Lake Vet. Clinic, Dr. Hartinick. Some testing may not be able to be perfonned without causing loss of life to our dog. This will not be permitted! Fred Deroos from Twin City Testing recommended that we should start with pesticide testing. This is much less costly and more easily traced. Measured* in parts per million. Herbicides are measured in parts per billion to parts per trillion. He is the best source for information on testing that I have spoke with. The EPA is using Twin City Testing as their contract lab for animals such as ducks, fish, and rodents for chemical analysis on contaminated'animals and their dioxen leavels on testing to over exposure in specific areas. Thank you. Mark & Karen Cuff 3572 Livingston Ave Wayzata, MN 55391 o /? Bonestroo ROsene Anderlik & Associates Engineers & Architects June 6, 1989 Otto G. Bone aroa PE Room w Roicrw. PE Joiepo C AnderWt. PE Braa/oxa A PE RicnmJ E TijfPtr. PE Jamn C Odoa PE. Glenn » Cook. PE Tfxxnji £ Noyet PE. Rooen G Scnuxnt PE. Mjrvm L SofVM. PE Keen A Goxtoa PE RKnmj w Foster. PE OonM C. BurgarOL PE. Jerry A Boumon. PE Mart A Hanton PE red K F«kl PE Mcnaei r Rautmann. PC. Rocert R Ptwene. PE OaMd O Lottoca. PE Thofnas w nnenon. PE. MWiaet C tynen PE. JamM R /AMana PE. Kennetft P Anoenon. PE Keen A Bacrvnana PE Mart R RotfJ. PE RobenC Ruuefc. AlA Thomaj E Anguv PE Hwvaia A SanRM. PE Oanei Edgenoa PE. Mart A Se*i PE Ph*p J. Caswea. PE Mart O V(Mi PE TNxnaj R Andenon. AlA Gary F Ryianoef PE. Charles A Er<kson LeoM PaMienity Hartan M Oiaxi Susan M Eben>n. C PA COUNai MEETING JUN 121989 CITYOFORONOCity of Orono 1335 Brown Road So. Orono. MN 55323 Attn: John Gerhardson Ret 1989 Seal Coat File No. 13947 Dear Johnt Bids were received on the 1989 Seal Coat project on Friday June 2. 1989. following Is a summary of the bids received. The Allied Blacktop Astech Corp. Bituminous Roadways $68,200.40 $69,656.00 $88,470.00 Ve have checked and tabulated bids received. Ve would recommend that the project be awarded to Allied Blacktop for the low bid amount of $68,200.40. If you have any questions please contact this office. Yours very truly. BONESTROO, ROSENE. ANDERLIK & ASSOCIATES. INC. Glenn R. Cook GRCtdf 2335 West Highway 36 • St. Paul, Minnesota 55TI3 • 612-636-4600 e ^m •» I Mlin 'J- o SI:; : & - . iu » s ti u 2 g 5 S o o 3^ £ S •^i’: i]\i ce ^ 3 UJ 8 S S 1 “ 8 S S 8 8 Sf»- S rM a 5 u a i - s ^ • u “ •» 0 « • g fe • a ■ 2 M *1* c ^ S S ^ S 5u ^ u u1 ^ ^ = i “ a - ** 3 <Ni ^ PO W I £ t w < U < O (S ^ s U> 3 5 “ 3 V « < O X I g o s CB CC. l/t 3 Ui 3 M «A S §ii 2 ^ a M M 8-!. S IM Ui -j oe >. J: 8a ^ < Vu>'' s s3cMUllCILIIEEnMI/f ■M TO: raOH: DATS: Mayor and City Council Mark E- Bernhardson, City Administratorv]*^^ May 30, 1989 JUN121989 CITY OF ORONO SOBJBCT: City Administrator - Terms of Contract Attachment! A. Current City Administrator Contract B. Proposed Language for Appendix D ISSUE - Determination of terms for contract extension. INTRODUCTION - At the Council's May 26, 1989, meeting they requested that I propose terms that I would like to see amended in the contract. Attachment B provides in the four areas outlined; Contract length Change of notification from 60 to 45 days Severance pay at 3 months gross pay for the fifth year Salary PROPOSED MOTION - Moved by , seconded by _, that the Council adopt Appendix D as amende'3” contract extension for the City Administrator's contract for 1 May, 1989 to 30 April, 1990. Ayes _, Nays _. I I k omm 10 YTio APPBMDIl D The basic contract between the City is further amended effective 1 May 1989 in the following manner: SECTION II TERM A. The original 4 year term of the contract is extended for a period of 1 year to 30 April 1990. C. The employee may resign only after 45 days prior notice in writing unless this time requirement is waived by the City Council. SECTION III TERMINATION AND SEVERANCE B. For the fifth year of the contract from 1 May 1989 to 30 April 1990 the terms listed in paragraph 1 of this subsection shall apply with the following addition: Three months gross salary including all insurance benefits, if involuntary termination takes place during the fifth year of employment. SECTION IV SALARY B. The salary effective 1 May 1989 shall be increased to $ _ _ _ _ _ Amended this day of June, 1989. ATTEST: For the City of Orono Its Mayor <iity Clerk Employee Mark E. Bernhardson 6189.4 TOt Mark E. Bernhardson, City Administrator FBOMi Dorothy Hallin, City Clerk DATSs June 1, 1989 SOBJSCTs Employee Recognition Program ^3 EEITIIQ 121989 cmr OF oRiMo Attachments: A. Employee Recognition Survey B. Breakdown of Employees by 5 year Anniversary Dates ISSUE - Initiation of a program to recognize employee's length of service with the City. DISCUSSION - As you are aware the City currently recognizes employees for outstanding accomplishments but the City has no program to recognize individual employees relating to their length of service with the City. Attachment A is a survey from 13 municipalities which list recognition programs along with other employee activities. Attachment B is a current list of employee anniversary dates brokendown by 5 year anniversary dates starting in 1989 through 1994. RECOMMENDATION - It is recommended that the City of Orono develop a policy for employee recognition which would recognize employees length of service at 5 year intervals. This recognition could include a Resolution presented to the employee at a regular Council meeting or presented to the employee by the department head. In addition if the City at some future time has its logo made into a lapel pin the length of service could be noted on a special lapel pin and presented to the employee. TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrator Forwarded recommending approval. k A i i a Ik o« fi:2 I 8 [ m>,cS :3ll? 41 “i- •5^*1 •?1s Iq ft I 4i 3 •9 I S E|is ii s I ? s “ w v> • « u 8sl « ih 1 •1o« S8 1 ♦ 5a1*1 1 ||8 S M *i ^ • s 1 5 a r-t S8 Cert5-10durl! «• o 1 1 ISs 1 j:5 2>• trt j. J, i 8 6 b i«i I •895 3|s is'% & 88ir «U 4J u I’llil 11! I ■ ■o »u I , a a* 8 ^s|s|!fAlliaipsSlg c 9 • d ii JO ^ 9 * Q B"” *0 ^ 8^"^®S3 sIIiiIj eoj Aaai® ;a-8 hi l|S S5' “'6III Is. ! 3 ll1*3 ;ll 2 ^sl §3 1 ',! a 3**5 ir ttS 81 s I i *8 I I I S S i om « kft 0 M i3 wv « d.fj ^ 4J je o tit (0 H ^ > -w a 1 «<0 » o (0 c c u «-H m u m c x: jQX MHO >1 E iH o j: « «) o o ^ o g c I w H 6 4i § *• ‘ Svu 1 0 «H ■ U « .i. J I ' ■H « 0) *0 (7 o ^ :,o c JB <M O >0 • -H 4J «W O C O' c o 4J 10 (N n> 0 o U) o to a E <« >»§ i“ll aJ 5 I •ss la 4J •& <2 5- jtj» ? !l "»i tlf Ifm m 3^7. ili*2 O I 111 I® - a. & tiU II- " I a gk; 6189.5 BREAKDOWN OF EMPLOYEES BY 5 YEAR ANNIVERSARY DATES Years of Service 1989 Theresa L. Naab 5 Charlotte A. Knutson 15 Gary B. Cheswick 20 John M. Fritzler 10 Lyle E. Oman 5 John F. Brinkhaus 10 John J. Sass 10 Ronald E. Steffenhagen 15 1990 Mark E. Bernhardson 5 Dorothy M. Hallin 20 Melvin H. Kilbo 15 Irving H. English III 5 Kurt R. Erickson 10 Carol J. Hansing 10 Mark W. Tomczyk 10 James D. Gregory 15 1991 Jamie L. Bosma 5 Thomas M. Kuehn 15 James L. Cornick 5 Bradley P, Johnson 10 Mark F. Moran 5 James Morowczynski 10 Mark R. Thornton 5 Lawrence F. Tomcheck 5 John R. Gerhardson 25 Dale S. Skreen 15 Wayne A. Quast 10 1992 Dan T. Fischenich 5 Charles R. Schauss 5 Kevin L Walsh 5 Thomas J. Jacobs 15 Steven C. Hansen 15 1993 Laurie K, Scheffler 5 Bruce L. Anderson 15 Sue A. Bobzien 10 James S. Morrow 5 Peter B. Palmer 5 Michael B. Carlson 5 Jeanne A. Mabusth 15 Michael P, Gaffron 10 Randy L. O'Brien 5 Barry J. Rathbun 5 1994 Linda G. Walters 5 Sally L. Christianson 5 S ott E. Kuyper 5 years Hire Date 09/04/84 03/11/74 02/01/69 04/02/79 04/23/84 02/05/79 07/16/79 03/18/74 05/01/85 09/14/70 01/02/75 02/11/85 01/15/80 04/12/80 11/17/80 09/29/75 02/28/86 06/14/76 01/02/86 01/01/81 08/14/86 01/01/81 01/27/86 04/07/86 05/02/66 10/11/76 03/16/81 07/01/87 10/26/87 08/10/87 05/31/77 11/14/77 07/11/88 03/01/78 08/18/83 01/15/88 01/16/88 05/30/88 09/15/78 10/31/83 07/13/88 07/06/88 04/03/89 Ol/lU/89 03/15/89 6789.1 cP 4 TO: Mark E. Bernhardson, City Administrator FROM: Dorothy Hallin, City Clerk DATS: June 1, 1989 SUBJECT: Changes in Minnesota Liquor Statute COUNai MEETING JUN 121989 CITYOFORONO Attachments: A. Popham Haik Letter Dated 5/9/89 B. Exec’PI'S from Current City Code ISSUE - Determine wnether Council wants to amend the liquor ordinance to incorporate changes in the Minnesota Liquor Statute outlined in Attachment A, DISCUSSION - In March of 1987 Council amended the ordinance relating to intoxicating and non-intoxicating liquor licensing and regulations to incorporate the issuance of an off-sale liquor license after the sale of the municipal off-sale liquor store. As noted in Attachemnt A changes in the Minnesota Liquor Statutes allows, among other things, for an off-sale store to be open on New Years Day and the 4th of July and extends the hours of Sunday sale of intoxicating liquor to 1:00 A.M., Monday. Chief Kilbo states he has no conflict with these changes. RECOMMENDATION - It is recommended that Council review these changes and table this item to the June 26, 1989 meeting. If the Council desires to amend the current ordinance such change would have to be published in the official newspaper the week of July 3, 1989 in order to allow off-sale liquor on July 4th of this year. PROPOSED MOTION - Moved by _, seconded by _, to table this item until the June 26, 1989 meeting. Ayes _, Nays _. TO: FROM : Mayor and City Council John R. Gerhardson, Acting City Administrator Forwarded recommending approval. jia«uo3 POPHAM, HAIK, SCHNOBRICH & KAUFMAI)4;jJj:C 3300 PIPER JATFRAY TOWER DLFC A. MICMAKL T MAAC WMITCHCAO THOMAS M. ■4Sol8:iW YTI5o-:-5 kAV It. MACOMBCP THOMAS J. WATNK O. AOPMAM • AVMONO A. HAl A <*OOKR W. SCHHOBM.ICM OCNVCP SAUrMAH . ' AOSCRT A. MIH'SH NOLrC A. WOROCN O. M^wq WMI^TCHCAO BAl O. OAAV NOBCRT S. auMH MUOM V. ALUNACTT, III rNCOCRiCA c. srown Thomas n. scno • RUCC O. malhCRSON JAMCS R. STKICCN JAMKS a. LOCKHART ALLCN W. HINOKRAKCR CLirrORO M. ORCKHC O. WILLIAM HAUrMAN RAUL H. riCTZ MICHAKL O. rRCCMAH HOWARD SAM MTCRS. Ill LARRY O. KSRCL JANH a. MAYCRON THOMAS J. BARRCTT UAMCS A. PAVMC OAVIO A. JOHCS LCK C. SMCCHY ALAIN PRCCON LCSLIC OiLLCTTC MiCHACL T. MILAN THOMAS M. SIRKINa MOILANCN NCLSON RADIO D avid l. hashmall NATHLCCN M. martin JOHN C CHILDS DOUOLAS R. SCATON THOMAS C. SANNCR R ichard a. HARLAN BRUCC a. McR hCCTCRS SCOTT t. RiCHTCR RAUL J. LINSTROTH SCOTT A. SMITH BRIAN N. JOHNSON DONALD M. LCWIS RCNNCTH ROSS* OAVIO R. strand clizabcth a. Thompson hcith j. HALLKLANO MINNEAPOLIS, MINNESOTA 55*»02 'ELCRHONC 612-333-4800 TCLtCORiCR 1331 6'2-334-27i3 1321 6I2-334-278I 1311 6I2-334-2S03 TTHGiHnevr / It 1m KOCH SWANS Mt-TCR TH0Mif4<a. MICLI ^&hri CL scTn MICHJ J. Mit^ACL SCl TOCDfM. JOHNSON JCrrl SUITE 2400 1200 SCVCNTCC nTh street CCNVCR. COLORADO 80202 TCLERHONC 303-Se3-i200 telecopier 303-aa3-2ie4 SUITE 300 south leoo M street, n.w. WA9HINOTON, O.C. 20038 TELEPHONE 202-B2a-S300 TELECOPIER 202-82a-S3ia DIRECT DIAL NUMBER -caiWfIff , LCUiS P. smith BRUCE H. little MARK r. PALMA ■USSELL S. RONESSA BR tan L. CRAwrORO MATTHEW E. DAMON JOHN W. RROVO JILL I. PRiEOERB RAUL a. JONES ELLEN L. MAAS William O. hiTTLER ELLEN SUE PARKER OREOORT O. BROOKER william m. OJILE, JR. BRIAN W. OHM ORCOORT O. SCOTT ROS anne O. ZaioEnweBER ^ iiini' i~ Tf II c/cK OUANli a. RuaCHER ELIZABETH LEVINE DEE ROWE JOHN M. baker SUESAN RACE-SHAP iRO** LINDA S. PRIEDNER ANDREW D. PARKER OP COUNSCL PREO L. MORRISON • OH'ttCQ ohlt *h >(>«• 334-2549 May 9, 1989 Ms. Dorothy Hallin City of Orono P. 0. Box 66 Crystal Bay, MN 55323 .* RE: Changes in *.he Minnesota Liquor Statutes Dear Dorothy: Enclosed please find a copy of Senate File No. 358 amending portions of the Minnesota liquor statutes. This bill was signed by Governor Perpich on April 24, 1989, but the effective date varies for the different provisions. Section 1 of the bill amends Minnesota Statute S 340A.402. It deletes the original language denying a retail liquor license to a person convicted of a violation of state, federal or local laws governing the manufacture, sale, distribution or possession for sale or distribution of liquor within five years of the license application. The amendment states that no new retail license can be issued to such an individual and gives the municipality the right to refuse to renew an existing license of a person in the same instance. Please note that the term ”intoxicating or nonintoxicating malt liquors" has been replaced with the term "alcoholic beverage." This amendment was effective April 24, 1989. Minnesota Statute S340A.504, Subds. 2 and 3 has been amended to extend Sunday sale of intoxicating liquor by one hour, until 1 a.m. Monday. Subd. 4 of the same statute has been amended to allow the sale of intoxicating liquor by an off-sale licensee on January 1 and July 4. Both the amendments are effective as of April 24, 1989. The final amendment pertinent to the City is the addition to Minnesota Statute S 340A.510. Malt liquor may also be included when an off-sale licensee offers samples within the liquor store. The quantity of the malt liquor is limited to less than 100 millileters per variety per customer. This provision is effective August 1, 1989. Should you have any questions, please contact me. Very truly yours. Na icy E. 'Husnik Legal Assistant :plv/847 Enc. c: Mark Bernhardson (w/enc.) Chief Melvin Kilbo (w/enc.) Thomas Barrett, Esq. CHAPTER No. 49 S.F. No. 358 AN ACT Distributed By Secretary of the SENATE Room 231, State Capito SLPaul, 296-2343 •• r . V. ■> V.■ relating to liquor; clarifying license eligibility; changing.the time .of sale on certain holidays; ~allowing’for.the dispensing of samples of ualt liquor• .' repealing bond; requirement for retail licensees; Tauthoriting theitown'board of Canosia township to ~ issue an off-sale license; amending Minnesota Statutes .. — 1988, ■ sectio“ns 340A.402;'340A.405,. subdivision 1; . ^ ..J 340A.504, “subdivisions’2, 3, and 4;~and~340A.510; — _ repealing Minnesota Statutes 1988, section 340A.412, __ —subdivision:1:. • _ c;;. yC- , . __ _ BE IT • ENACTED" ByIthF. legislature' OF; THE, STa'te;OF.*MIMNESOTA: — ^ 1C.-*.7"' ‘^Section l".i>Minnesota-Statutes‘1988, section 340A.402, is‘C -- -•. • -rrnj:- - -- r 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 340A.402 .(PERSONS ELIGIBLE. J ZL • — : “IT'-' > • i --•* ~iHA.an? roFP«;nMC pr.TCTnr.p. 1 f i No retail' license may* be^issued; too ' ‘-i (1) a person not' a citizen of the* United States or a c resident alien;% ^ • (2) a person under 21 years of.age; * * . ^ ^ (3) a-person-who-within-fire-yeors-of-the-iicense appircation-has-been-convicted-of-a-wiiiftti-vioiafcion-of-a federai-or-state-iaw-or-iocai-ordtnance-goYerning-fche manufactttreT-onieT-distrtbtttionr-or-possession-for-saie-or dsstrtbtttionr-of-intoxzcattng-or-nonintoxtcating-Bait-iiqttotsr t4t a person who has had an intoxicating liquor or nonintoxicating liquor license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than CHAPTER No. 49 S.F. No. 358 1 five percent of the* capital stock of a corporation licensee, as 2 a partner or otherwise, in the premises or in the business 3 conducted thereon, or to a corporation, partnership, 4 association, enterprise, business, or firm n which any such 5 person is in any manner interested; or 6 f5f (4) a person not of good moral character and repute. 7 In addition, no new retail license may be issued to, and 8 the governing body of a municipality may refuse to renew the 9 license of, a person who, within five years of the license application, has been convicted of a willful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic beverage. Sec. 2. Minnesota Statutes 1988, section 340A.405, subdivision 1, is amended to read: Subdivision 1. [CITIES.] A city may issue with the approval of the commissioner, an^off-sale intoxicating liquor license to an exclusive liquor store or to a drugstore. Cstres 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 of-fche-fsrst-eiass-may-aiso-issae-Qn-off-saie-iieense-to-a generai-food-sfeorer .A city of the first class mav issue an off-sale license~to a~qcneral~food store €o which an off-sale license had been issued'on-the effective date of this section. Sec. 3..'Minnesota Statutes 1988, section 340A.S04, subdivision 2, is amended to read: — Subd. 2. (INTOXICATING LIQUOR; ON-SALE.] No sale of intoxicating liquor consumption on the licensed premises may be made: - I (1) between 1:00 a.m. and 8:00 a.m. on the days of •eesday I Monday through Saturday; (2) between-i2T9B-midnighfc-and-0T98-OTmT-on-MondaysT after 1:00’ a.m. on Sundays, except as provided by subdivision 3; f4> (3) between 8:00 p.m. on December 24 and 8:00 a.m. on Deciimber 25, e.'cept as provided by subdivision 3. Sec. 4. Minnesota Statutes 1988, section 340A.504, subdivision 3, is amended to read; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 CHAPTER No. 49 S.F. No 358 Subd. 3. (INTOXICATING LIQUOR; SUNDAY SALES; ON-SALE.) (a) A restaurant/ club/ bowling center/ or hotel with a seating capacity for at least 30 persons and which holds an on-sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 12:00 noon on Sundays and i2*r99-midnight-on Sundays ItOO a.m. on Mondays. (b) The governing body of a municipality may after one public hearing by ordinance permit a restaurant/ hotel/ bowling center/ or club to sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 10:00 a.m. on Sundays and i2-r90-midnight-on-Sttndaya 1:00 a.m. on Mondays/ provided that the licensee is in conformance with the Minnesota clean air act. (c) An establishment serving intoxicating liquor on Sundays must obtain a Sunday license. The license must be issued by the governing body of the municipality for a period of one year/ and the.fee for the license may .not exceed $200. (d) A municipality may'issue a Sunday intoxicating liquor license*"only if authorized to do so by the voters of the municipality: v^ir^ on the'question at a* general or special election.'* ■ • « '7- - -“7“ ‘ (e) An election conducted in'a"town on.the question of the issuance by the county of Sunday sales licenses to establishments located in the town must be held on the day of the annual election of town officers. (f) Voter approval is not required for licenses issued by the metropolitan- airports commission or common carrier licenses issued by the commissioner. Common carriers serving' intoxicating liquor on Sunday must obtain a Sunday license from the commissioner at an annual fee of $50, plus $5 for each duplicate. Sec. 5. Minnesota Statutes 1988, section 340A.504, subdivision 4, is amended to read: Subd. 4. (INTOXICATING LIQUOR; OFF-SALE.) No sale of intoxicating liquor may be made by an off-sale licensee: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 CHAPTER No. 49 S.F. No. 358 (1) on Sundays; (2) before 8:00 a.m. on Monday through Saturday; (3) after 10:00 p.m. on Monday through Saturday at an establishment located in a city other than a city of the first class or within a city located within 15 miles of a city of the first class in the same county; (4) after 8:00 p.m. on Monday through Thursday and after 10:00 p.m. on Friday and Saturday at an establishment located in a city of the first class or within a city located within 15 miles of a city of the fir class in the same county, provided that an establishment may sell intoxicating liquor until 10:00 p.m. on December 31 and July 3, and on the day preceding Thanksgiving day, unless otherwise prohibited under clause (1); (5) on-New-years-Bayr-January-ir f6t“on-independenee-BayT-Jttiy-4r on Thanksgiving Day; • « fBf (6) on Christmas Day,*December 25; cr f9t (7) after 8:00 p.m.jon*Christmas Ev tceraber 24. — Sec. 6. _Minnesota;Statutes- 1988,"' section 340A.510, is amendedrtO‘rea(i:i":/N5V-.vJ3;;7^ .T.. ’ ' »-^340A'510 '(wine" SAMPLES?)'= '_. c -T". c::..—*•. - ■- - * Off-sale licenses’and-municipal liquor stores may provide samples of malt liquor, ne,** liqueurs, and cordials wljich the licensee or municipal. ].iquor store currently has in stock and is offering for salt* to th*^ general public without obtaining an additional license, provided the wine, liqueur, and cordial samples are dispensed at no,cjiarge'and consumed on the licensed premises during the permitted hours of off-sale in a quantity less than 100 milliliters of malt liquor per variety per customer, 50 milliliters of wine per variety per customer and 25 milliliters of liqueur or cordial per variety per customer. Sec. 7. (OFF-SALE LICENSE; CANOSIA TOWNSHIP.) Notwithstanding any other provision of law, the town board of Canosia townshit> in St. Louis county may issue an off-sale intoxicating liquor license to an exclusive liquor store with the approval off the commissioner off public safety. A license CHAPTER No. 49 S.K No. 358 1 under this section is governed by all provisions of Minnesota 2 Statutes, chanter 340A, e.xceot as otherwjge provided in this .3 section. 4 Sec. 8. [REPEALER.] 5 Minnesota Statutes 19B8, section 340A.412, subdivision 1, 6 is repealed. 7 Sec. 9. (EFFECTIVE DATE.] 8 Section S is effective the dav following final enactment. 9 Section 7 is eCgective on approval by the Canosia town board and 10 comi'liance with Minnesota Statutes, section 645.021. »il ^ ^ Trs’’ . ^ • 1C IS... ~ ' W- — ■- -“T * •. TCIL_ _ _• .. _ _ •v---V ' * f . —- — 7 ■ ..r:- . -t • - -- - - - --• _ ■a'i. CHAPTER No. 49 S.F. No. 358 Thu enactment of the Senate and House of Representatives ia properly enrolled. Jerome M. Hughes Pruukiu of iA« Stitam. l/Lui.olp Robert Vanasek Spomkir of tho Houtt of Rtpnuiuaavtt. Passed the Senate on April 17r 1989 Patrick E. Flahaven Sttrttary of tK$ Stnatt. Filed on 1989. Joan nnderson Growe Sterrmry of Smu. ORDINANCE NUMBER , SECOND SERIES AN ORDINANCE AMENDING ORDINANCE CHAPTER A, SECTION SUBDIVISION 8, ADOPTED MARCH 17, 1987, AND ENTITLED AN RELATING TO INTOXICATING AND IION-INTOXICATING LIQOOR LICENSING AND REGULATION The City Council of the City of Orono ordains: Ordinance Chapter 4, Section 4.02 Subdivision 8 adopted March 17 , 1987 , and entitled "An 0rd inance re1 a11 ng to intoxicating and Non-Intoxi cationg Liquor Licensing and Regulation" is amended to read: Subd. 8. Persons Disqualified. In addition to any other provision of law, no person shall qualify under this Chapter who has been convicted within five years the license application of violating any law relating to the manufLture, sale or distribution of "^oxicating malt liquor, liquor or wine, or whose license therefor has been revoked within such period of time or within five years of the license application. person qualify who has not attained the State established legal drinking age. This ordinance becomes effective upon adoption and publication on January 18, 1988. Passed by the Council this 11th day of January, 1988. Jam^ R. Grabek, Mayor ^ Published in the Laker and Pioneer newspaper on the 18th day of January, 1988. 4.32. HOURS AND DAYS OF LIQUOR SALES*■gsip Subd. 1. On-sale. No on-sale of liquor shall iiad# . between 1:00 o'clock A.M. on Sunday, nor until 8:00 o'olocll 1: on Monday, nor after 8:00 o'clock P.M. on December 24* RO OfK sale of liquor shall be made between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M. on any weekday or Saturday. Subd. 2. Off'Sale. :-saIe of liquor shall ba made before 8:00 o'clock A.M. oc ufter 8:00 o'clock P.M. of any day, except Friday and Saturday on which days may be made until 10:00 o'clock P.M. No off-sale shall be made on New Year's Day, January 1; Independence Day, July 4; Thanksgiving Day; or Christmas Day, December 25; but on the evenings preceding such days, if the sale of liquor is not otherwise prohibited on such evenings, off-sales may be made until 10:00 o'clock .M. SEC- 4.33. SUNDAY SALES. Notwithstanding an; .ng herein to the contrary, a Sunday on-sale license may be iss .ed to hotels, motels and restaurants, as herein defined, which have on-sale liquor licenses, to serve liquor between the hours of 10:00 o'clock A.M. and 12:0ta o'clock midnight on Sundays in conjunction with the serving of food, provided that the licensee establishment is in conformance with the Minnesota Clean Indoor Air Act. SBC. 4.34. UNLAWFUL ACTS (LIQUOR). For the purpose of this Section, refer to Section 4.16 and 4.17. (Sections 4.35 through 4.39, inclusive, reserved for future expansion.) ORONO cr Subd. 17, No sale of liquor shall be made to or in guest rooms of hotels, unless the rules of such hotels provide for service of food in guest rooms, and unless the sale accompanies and is incident to the regular service of meals to guests therein. OFF-SALE LIQUOR AND WINE Subd. 18. An off-sale licensee may provide samples of wine, liqueurs, and cordials which the licensee currently has in stock and is offered to the general public without obtaining an additional license providing that the wine, liqueur, and cordial samples are dispensed at no charge and consumed on a licensed premise during the permitted hours of off-sale in a quantity less than 50 milliliters of wine per variety per customer, and 25 milliliters of liqueur or cordial per variety per customer. Subd. 19. No off-sale licensee, his agent or employee shall deliver any intoxicating liquor to or at any place or premises without obtaining a receipt therefor, signed by the person receiving such liquor and bearing the time, date and place of delivery. Such receipts shall be kept in the files of the licensee for a period of one year and such files and receipts shall be available for inspection by the license examiner or designated employee at all hours during which the licensed premises is open for business. Subd. 20. No off-sale establishment may be located within 500 feet of an institution of public education whose primary purpose is education of individuals in grades kindergarten through 12th grade. Subd. 21. No off-sale establishment may be located closer than 1/2 mile from the off-sale premise licensed in the City of Orono with a maximum of two off-sale lironses issued in the City. o 6289. TO: FROM: DATE: Mayor and City Council Mark E. Bernhardson, City Administrator June 2, 1989 ^ounai Mime JUN121989 ^OFOROHO SUBJECT: Highway 12 Goals and Objectives ^■1 >»■ » . Attachment:A. Mr. Robert Bruce Letter Dated 5/16/89 B. Response Letter to Mr. Bruce Dated 6/5/89 ISSUE - 1. Presentation of information regarding Mr. Bruce's concerns regarding Highway 12 objectives. 2. Presentation of information regarding Highway 12*s feasibility study possibilities. INTRODUCTION - Mr. Robert Bruce h-^d transmitted the attached letter to the City outlining his concerns regarding Highway 12. DISCUSSION - As noted in the attached letter the primary reason for focus on funding and process at this point is that objectives regarding a future Highway 12 in what ever alignment it goes would not be feasible without the appropriate funding to start the process. While not a requirement for it the required part of the early planning public reivew and comment of goal and objectives would be an appropriate request to be made to the Minnesota Department of Transportation District 5 should such a study be undertaken. Currently there is no indication as to whether MnDOT Central Office will be able to fund the feasibility study or not, it is anticipated that some word will be received after the first of July. An additional issue raised is development that limits use of the current corridor. Currently there is about 100 feet of right of way within which a narrow four lane could be constructed. The City, however, would probably not be able to undertake the necessary moratorium to limit development should a 2 or 300 foot corridor be required. It is not anticipated at this point that use of a corridor much over 120 feet would be a feasible alternative within the current corridor. ALTERNATIVES 1. Request the Department of Transportation to include this step as part of the feasibility study process. izVty objectives for the study. 3. Table. RECOMMENDATION - It is recommended that the Coucil direct Staff to send a letter to MnDOT District 5 requesting that such a goals and objectives review for both City and public comment be a step to be included in the feasibility process. PROPOSED MOTION - Moved by , seconded by , that the Orono Council thank Mr. Bruce for "his concerns and directs staff to send a letter to MnDOT District 5 to request the review of goals and objectives by the public be a step as part of the feasibility study. Ayes , Nays cc; John R. Gernhardson, Public Works Director Glenn Cook, City Engineer CITY OF ORONO CITY of ORONO Post Office Box 66*Crystal Bay, BiinneooU 56323•Municipal OfBe« On the North Shore of Lake Minnetonka June 12, 1989 Mr. Bob Bruce 2205 Abingdon Way Long Lake, MN 55356 Dear Mr. Bruce, Thank you very much for your letter that we received on May 31, 1989, regarding Highway 12. The questions you raise regarding the place at which objectives become part of the process are most appropriate. The reason the focus has been on funding and process up to this point rather than objectives relates to the fact that without the funding there would be no process within which the goals and objectives would be considered. Once there is some indication that it will be going forward, then the appropriate place for the issue that you raise will be included in the early planning with the feasibility study. It would be helpful if you would give me a call at your convenience, so that I may better understand some of the objectives you have outlined. I will be on vacation from June 5th through the 15th h t please feel free to give me a call af^er that. It is my recommendation at this point that we send a letter to MnDOT District 5, who will be in charge of the planning effort should it be commenced, and request that there be appropriate ability for public review and comment in the establishment of the study's goals and objectives. Sincerely, Mark E. Bernhardson City Administrator MEB/dh BUILDING A ZONING - 473 7357 • assessing ADMINISTRATION A FINANCE - 473 7358 PUBLIC WORKS - 473^359 May 16, 1989 Mr. Mark Bernhardson, Orono City Administrator 1335 South Brown Road Orono, MN 55323 Dear Mr. Bernhardson: I'm writing with regard to the Highway 12 corridor evaluation and planning now underway. It Is my impression that to date little citizen Input has been solicited particularly from Orono residents. Of the recent meetings of the Corridor ^ask Force, I've attended, primarily elected officials and MN DOT tngineers have debated the topic and initiated next steps. In addition, developnent objectives and priorities were not discussed, rather, funding and MN DOT project protocol received the task forces attention. This raises two concerns: The meetings avoid the more difficult and critical priority and objective setting process which should proceed MN DOTS study of corridor placement. Citizen concerns should guide the study not be ^ raised as complaints to a finished MN DOT corridor plan. / Orono Is essentially a residential community and as such It^eTtizens are less organized in communicating their priorities. Given this situation rm concerned that during the planning stage Long Lake business district priorities will be heard and adversely effect near In Orono as a residential area. Below are what I feel should be Orono*s priorities for the planning process. The purpose In my writing Is to determine whether these priorities are the same as that represented as the Cities at planning sessions and to advocate these points of view. 1 In placement of the near In Highway corridor, residential should be considered the primary development priority, not business development or the current Business District. First priority should be place on the current roadway or adjacent property for any ?”oad upgrade. Development that diminishes or prevents the current roadway from being the primary site should be checked or held until a corridor is selected. 5100C:31 -2- 4. Planning should also consider the railroad and adjacent property as ^ already similar zoning and use as the Highway, and therefore a priority corridor alternative. 5. The corridor should attempt to preserve all wildlife and wetlands. If particular, the Luce Line should be protected as park area. Any information on Orono's agenda with regard to the long term development of Highway 12 as well as your guidance on how citizens can influence the process would be greatly appreciated. Sincerely, Bob Bruce 2205 Abingdon Way Orono, MN 55356 5100C:32 52589.2 TOl FROM: DATE: Mayor and City Council Mark E. Bernhardson, City Administrat^^^^ May 25, 1989 SOBJBCT: 1989-90 Administrator's Goal Setting JUN12I989 ory»owiiD Attachment: A. Draft '89-*90 Goal Setting ISSUE - Presentation of a draft for Council adoption for the 1 May, 1989 to 30 April, 1990. INTRODUCTION - Attachment A is a combination of objectives that are continuing from the previous period together with additions based on what is anticipated in the upcoming year. Any further additions can be discussed on the June 12, 1989 meeting for further addition and adoption. ALTERNATIVES 1. Discuss and adopt. 2. Amend and adopt. 3. Table. RECOMMENDATION - It is recommended that the Council after discussing and amending the document as they feel appropriate, adopt it for the goal setting of the next year. PROPOSED MOTION - Moved by _, seconded by _, that the Council adopt Attachment A (as amended) as a goal setting for the City Administrator for 1 May, 1989 to 30 April, 1990. Ayes , Nays I 0^0 9 900 00 ^ o o o o o o o o o o s s s I § 11 §P ^ ^ >>> O O O CD g 8 S ^ ^ I I! 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I S 21 I, «w«s Mayor Grabek & Orono Council Members City Administrator Bernhardson COUNCIL MEETRir 7 JUN121989 CITY OF ORONO Proas Jeanne A. Mabusth, Building & Zoning Administrator Dates June 8, 1989 Subjects Request to Purchase Facsimile Machine Staff wishes to thank Barb Peterson for putting as in contact with the Harris/3M Sales Office. Of all the other fax vendors, only one other salt.s representative took the time to visit our office to discuss our individual needs and potential level of use. The professionalism demonstrated by the sales representative, Kirk Larson, and his clear presentation of the various lines of fax machines was impressive. Council can be assured that once the equipment is purchased, Harris/3M will provide steady and reliable customer service - sometimes a more important feature for the City than the original selection and purchase of the equipment. Mr. Larson has reviewed our needs and has submitted a written recommendation which has been enclosed for your consideration. Please review the clip taken from a recent publication commenting on the firm's reputation for excellent customer service. Staff recommends the purchase of the Harris/3M 2250. Price offered - $2,165.00. Warranty - 90 days. Guaranteed maintenance agreement, quotved in his written recommendation - $290.00 per year (in the original meeting with staff it was quoted at $218.00 per year, :he G.S.A. discount may not have been considered). Staff will speak with Mr. Larson for clarification on the fee. Note the first service period is for a 15 month period. Total cost of fax unit plus installation: Harris/3M 2250 $2,16*= PO U.S. West installation of line to b* 'Iding 3 0 Installation within building (Harris, 3M) Maintenance contract (optional) $2,297.00* ♦ Price does not include the maintenance contract. nm YTI3 Harns/3M Document Products. Inc. 7801 Metro Parkway Suite 101 Minneapolis. Minnesota 55425 612/854-0042 HARRIS/3M May 31, 1989 Jeanne Mabusth City of Orono P.O. Box 66 Crystal Bay. m 55323 Dear Jeanne: This is the information you requested concerning Harris/3M Facsimile systems as per our conversation on Tuesday, May 23. If you'll recall, we discussed your facsimile needs at length and determined that the Harris/3M 2250 would best fit your needs. The Harris/3M 22 50 is an easy fax to operate; yet it has numerous advanced features which will meet the City of Orono's needs for man^/ years into the future. Like most facsimiles, the Harris/3M 2250 utilizes a thermographic printing process. Copies received on the 2250 are very high in qu.ility and the paper will retain the image for a minimum of five years if stored under normal office conditions. Because the thermographic roll of paper is the only supply required, both supply and maintenance costs are kept to a minimum. Some of the features include: AUTOMATIC DIALING'7FDIAL__ 2250 can store up to 100 autodial to basis and 70 on a coded speed dial basis, icai.y redial up to eight times at time intervals a. Also, the one toucn keys can be programmed for numbers; 30 Tne 2250 c of up to si an "alternal i selection" for transmitting to locations which utilize more than one fax system. 2. AUTOMATIC PAPER CUTTER » The 2250 automatically cuts the received copy to the exact size of the originals, elimins*-!ng the guesswork as well as labor time associated with cutting eacii 3. AUTOMATIC DOCUMENT FEEDFR - The forty page automatic document feeder allow'you to send larger reports . 4. CLOSED USER GROUP - Not only does this eliminate wrong number receptions , but also prohibits unauthorized '' of your equipment and prevents "junk mail" transmissions from tying *>ur lines. 5. TEL/FAX AUTOMATIC SWITCHING WITH VOICE MESSA .f a person accidently ..bonalized voice messagereaches your fax, the 22bu will activate a which instructs the caller on how to reach your switchboard or how to transmit a document. M-. Jeanne Mabusth Page 2 M^y 31, 1989 t * 6. BROADCASTING - This time and labor saving feature allows you to transml t the same documents to more than one location. The 2250 scans the documents Into Its memory. While the operator walks away with his/her originals, the 2250 calls up each desired location (up to 100) and transmits. OUT OF PAPER RECEIVE___________________ - If the 2250 runs out cf paper, documents are not lost, but rece'lved Into memory. Simply drop In a roll of paper and the 2250 automatically prints out your Important messages. 8. WIDE SCANNING - The 2250 has the ability to scan ll"xl7” plans or computer printouts and automatically reduces them to the standard 8-1'2" width for the receiving fax. 9. CUSTOMER SUPPORT CENTER - The Harr1s/3M diagnostic center Is available 24 hours a day for our customers. This Is more than a toll-free number used to dispatch a technician. The Model 2250 Is equipped with a remote diagnostics feature which enables the CSC to actually "work on" your fax system over the phone lines. Over 40% of all service calls are resolved within four minutes on the phone line. Please see the enclosed brochure which describes our Customer Support Center more In depth. 10. DIRECT ON-SITE SERVICE - Harr1s/3M provides direct on-site service from technicians committed only to fax. Harr1s/3M's downtime average Is only four hours. 11. HARR1S/3M COMMITMENT - By purchasing your fax through Harr1s/3M, you are worki ng‘di rectly with a distributor that has been Involved with fax for over 15 years. This means that If you require service and support a few years down the road, you may rest assured that we are still Involved with fax and are not selling a different brand. Local office product dealerships are not necessarily committed to carry just one brand of fax nor are they forced to make a long run commitment to one particular brand. The Harr1s/3M 2250 Is normally priced at $2,895.00 but Is available to the City of Orono for only $2,165.00. The system comes with a 90 warranty and Gua»*anteed Maintenance Agreements are available for only $2" ..00 per year. GMA's cover all parts, labor and travel time In the event service Is required. When the GMA Is purchased upfront with the fax, a 15-month service period Is created. Installation Is available for $98.00. Ms. Jeanne MaDusth Page 3 May 31, 1989 Tnank you Jeanne, for your interest in Harris/3M Facsimile. I can be reached through ( 612 ) 854-U042 to answer any questions or if additional information is required. Sincerely , HARRIS/3M DOCUMENT PRODUCTS INC. Kirk Larson Facsimile Representative :cs Enc. SHORT TAKES SMIU, TOU'M M CONSUMM VltfTI .V< watch thopp«rs ir the ;ir:kt biush uf purch«s«. Th<rc’> *h amatmif differ­ ence between having a video vatnera get them on the spot and interviewing them tie months after they ve bought the product.' says Eleanor Holtzman. ciimg the most unusual aspect of Cunsumcf * - No. Consumer Vent# isn't a video surveiUance ter* vice (or catching ihopIKt ers—it’s a New York City marketing rcseifch firm that buttonholes shoppers as they leave stores, mails, end even • movie theaters. Their mis- I lion: Tu give (9p marketing •>'^•*.15 and rviearchers an un- .mshed video view of the . n.sumer while he still has , the newiy a<.quifed product in his hoi 111 tic hands The minicani records body lan­ guage and captures *Jie inter­ action between farjy mem­ bers as thev d:>cuss their purchase. On lixannn foi I home t--mu‘s n'.3ruf;c*urcr last ..jf exjrr.pie Holtxman iiejord 3 threeteam tjuuide a Cr»i:v Eddie store in White Plains. N Y. Prom­ ised a gift cenificjie to the store as they emerged bom shopping, consumers lined up to revesi <n or.-camcra ■'jiterviews ' what they had ‘•■.uqht and why The video jded new irsights about .nc ^^roduct “A few people don t want sayl Holizman. "hut you get some who would never show up at a locus group " Executives at Tnstar Pictures-CBS Inc were so intrigued when they saw moviegoers reactions to previews of ar. upcoming film ..:at Ihry sal through all JU Hii^r Views And they changed the r -ovie's ad­ vertising. We won t make the siaiistica: market re­ search report obsolete." says Molumof, ‘but seeing itung^ lirsi hard is power­ ful » ■USINUS.TO-SIfSINlSt stow times for smoll componies? Managers at small eompms art esubona ibM Ml busvMts outlook. accofdiMtoiftt AniifkHlIiiiMilM BusintssC&natclndcs.Tte1fiMxrti^tliMf1^ Mrd-quarter imtrttt rgtci aid optnttfig cottt. lioni wnh reduced demand for goods and lervkta. bovemodt Mny eiccuiives fair a ilowdown in Iht economy. The fMfiony index measures finaneint costs, demand for goods and aer imafl (100 em^ytfs or Ina) eompanies. Tops in customer service E<Ktyto4r hn ibaiit LL. B mu'i «g» twwf iir«c« ofgwiitrtWi to Wyrw CTO U . dwCw(omtrS«WtbWilvuhSamS*i1«|t.M. says there are a miiMber of Other compamtt worth hMpins in eye on this yew beemise of their customer ^rviet. Among them: WMc Lsk Ypplik of Gewrrt Milte: Abbott Laborstoriet: Tbne-Ue Books: Grist Flah. Software* iQd Kuris/SM. It's not what you soy... U s how you look that mitieri when miking a first tama* Sion. Kcording to a survey of more than U.OOO ex^dvm bv Motiviuo.-ul Systems, s New Jersey consuUirg firm, the report sistes that 72% of the executives quesdonM say they are likely to be tnOueftced primarily by non verba, appearance, attitude, and bodv 'languagt when first meet­ ing someone. Also, lh«* /vey reports. 15% feel a per­ son’s tone of voice is ■<: .nost important (actor tn fomung the first impression Limited dongers of cor phones The safety advantages of cellular phones outweigh their hasarrfs. says the American Automobile Association. The trre saved reporting accidents, e.v.ergercies. and drunk drvers with the phone makes up for the potentiai dingers of Ulk 'g on the phone while driving SuU. AAA officials caution ceiiular phone owners no: to use phones in heavy mrfic. to mrve to the slow lane when on the phone, keep conversations brief, and. if possible, pull off the road when nuking a call. Where the sales ore More thar. 70% of U S. manufacturvig mdustnes will have rising soles this year, according to the Commerce Depirt- ment'i J989 U.S. Irtdustnal Oytlooh. Among the biggest areas of predicted growth; the space industry, computer software, clectronjc daubases. metal cu:;L*'.g maahunes. and serrucnnductors Too hot to hondle? If you are k ^ing to expand outside the L 5 . be cart.ui before entervig Cenirii and South Amencari merket*—or so concludes Frost fit Sullivan in its Co)*ntr /•ortcoiti, analysis of political ftsks abroad. The rc*-»ons? The area's high nsk for political revolt, its (alter.ig econorrjes. and wf.ik currences. Bolivj. however, is considered the one bright spot in the region. Other tr< ubied areas around the world include sub-Saharan Africa (wuh the potential excepuon of Zimbabwe), the PfuluPmes Malaysia and Algeria Briefs:The Iniernatiorul Customer Service Assn is sobnurvg en­ tries for Its Award of Excellence, presented to companies in nunulaaonng and nonmanufactunng induatnes Dead- Ime for submiiung applications June 26 T989- ICSA DIE Wacker Dr . Sui'.e 60C Chicago, lU 60001 US MA-AurMeN^ 6889.1 ')9 '^121389 DATS: John R. Gerhardaon, Acting City Administrator Tom Kuehn, Finance Director-/7^^^. % June 8, 1989 WrorauBto SUBJKTx Transfer of Funds - Municipal State Aid Construction Fund to Permanent Improvement Revolving Fund When the County Road 15 street improvement project was begun by Hennepin County in Navarre the City of Orono provided funding for its share from the Permanent Improvement Revolving Fund (P.I.R. Fund) with the expectation of reimbursement for these costs from the General Fund and the Municipal State Aid Construction Fund (M.S.A. Fund). In January of this year the City passed Resolution #2574 (copy attached) to request that the Commissioner of Highways approve the appropriation from the City's Municipal State Aid street funds of $200,000 to apply toward the construction costs of County Road 15. The request was approved and we have received 95% or $190,000, which has been deposited in the M.S.A. Construction Fund. This amount should be tra»*sferred to the P.I.R. Fund as reimbursement for the monies expended in 1988 for this project. The balance of $10,000 will also need to be transferred when it is received. TO: Mayor and City Council FROM: John R. Gerhardaon, Acting City Administrator4^^ Forwarded recommending approval. PROPOSED MOTION - Moved by _, seconded by , to transfer $190,000 from the Municipal State Aid ConatrucTlon Fund to the Permanent Improvement Revolving Fund as reimbursement for monies expended for the County Road 15 street improvement project in the Navarre area. Ayes __, Nays __. C, Y QRONa city of ORONO RESOLUTION OF THE CITY COUNCJL NO. 2574___________ RBSOLOnOK ____ APPROPRIATIOH OF MOHICIPAL STATS-AID FUWDS TO C.S.A.H. 15 WHEMASr it has been deemed advisable and necessary for the City of Orono to participate in the cost of a construction project located on C-S-A.H. 15 within the limits of said municipality# and WHBREASv said construction project has been approved by the Department of Highways and identified in its records as S.A,P. No. 152-020-06. NOW# THSUFORBr BE IT RESOLVED by the City Council of Orono# Minnesota that we do hereby appropriate from our Municipal State-Aid Street Funds the sum of $200,000.0 0 to apply toward the construction of said project and request the Commissioner of Highways to approve this authorization. January Adopted by the Orono City Council on this 1989. 23rdday of ATTEST z). TOrotnyny M./Ha llin. City Cleric / tr^r /A Edward Callahan# Jr.# Actin^gr Mayor Page 1 of 1 COUNCIL MEETING / JUN121989 CITYOFONONOTOi Mayor and City Council rnON: Mark E. Bernhardson, City Administrator DATS: May 22, 1989 SUBJECT: Budget Guidelines 1990 Attachment: A- City of Orono Statistical Chart Updated 5/89 ISSUE - Presentation of general guidelines for Council review, comment and amendment for the upcoming 1990 budget year. INTRODUCTION - As was done last year preliminary guidelines are again presented to Council for review and comment in the early part of the budget process. This is done again to solicit from Council priorities, guidelines and issues that they feel are important for the upcoming budget. The City will undertake the State mandated Truth in Taxation for the first time during the 1990 budget. Because of the complex nature of it in implementing it, the State Legislature has modified some of the features and the timeframes for payable 1990. (This information is dependent on whether the Governor signed the tax bill or chose to veto it.) The City does however, have to set its mill rate by September 15, 1989 and notices will be sent out to the taxpayers as to the impact of that budget during November 1989 with public hearings to be held in the November - December timeframe. Because of the levy limits established by the State and the fact that they have twice in the past eight years limited cities to their previous years actual levies, it would be prudent for Orono together with the other cities in the State to levy their maximum in order to retain flexibility in the future. In addition the levy limit establishment for 1990 will be substantially below the anticipated inflation rate. ■CUSSION - .^OMIC OUTLOOK - The United States economy continues to expand at slower rates although the expected recession is still not on the horizon. Positive notes have included the decreasing trade deficit because of expanded exports together with efforts to slow down growth through interest rates. The negative signs however, have been inflation rates for 1988 of 4.4%, and anticipated inflation rate for 1989 above 5% with little decrease anticipated for 1900. Recent leading economic indicators continue showing some strength for the continued growth in the economy. Although efforts to slow inflatioii have also tended to limit economic growth. While the trade deficit has shown improvement in recent months, a worsening of that because of a stronger dollar together with the Federal deficit not being dealt with could bring the long predicted recession sometime In 1990. Some maintain we are currently going through a rolling recession or depression as rs of the economy which are hit for various the energy downturn for the last four or five years following downturns in the "rust belt”. As is true with the national economy, the Minnesota economy particularly in the Metro area has continued to expand. The problem however, has been a growing sentiment for taxpayer revolt particularily regarding property taxes. The Minnesota Miracle which was initiated in the early *70's, has now become a victim of its own success. The Legislature continues to use bindaids attempting to solve tLe expenditure driven formulas, particularly in trying to keep taxes down in the Out State area. This complicated system however, has become unpredictable. Property tax reform that was passed in 1988 for 1989 resulted in tax increases, not only in the Metro suburban area, but in the areas Out State that sre substantially moi.e than Legislators had anticipated. This caused the 1989 Legislature to moderate these increases by additional State monies being poured into property tax relief together with making the levy limits and expenditures as tight as possible for local units of government. This attempt is hoped to have property taxes at a palatable level for 1990 in advance of the 1990 elections. It is anticipated that the 1990 Legislature will work to get money into programs that they have held back on in *89 in hopes of making a positive impression on property taxpayers together with constituent support groups that have not received much during 1989. A significant recession .'n the latter part of *89 into the early part of '90 may cause substantial problems in funding these relief and expenditure measures. For Orono the tight levy xlmit is exacerbated by the need for selected expenditure increases during 1990. This will result in a rather tight budget year in 1990. A recession may material ir'* because of higher interest rates, at least in the housing secto This could cause a downturn in construction activity as could . general recession. Price increases in current items primarily ir. the energy sector will translate into unit costs for thes3 products that are higher than the rate of inflation. GOALS - Primary budgetary goals for 1990 include: - Continued utilization of a capital budget framework which may include the following projects for 1990: Old Crystal Bay/Bridge Replacement North FernJale/MSA Willow Drive/Seal Coating Projects in either 1989 or 1990 Frontage Roads - Highway 12 {North/South) Water Tower - Highway 12 City Facilities - Undertaking a facilities improvement and any initial financing of that undertaking. - Continued exploration of user fees. - No new programs requiring additional funding. - Continued control of legal services expenditures. REVENUES - - Property tax revenue limits for 1989 include the 3% levy limit cap plus 1/2 growth in the households which for Orono will be about a 3,6% increase. The City is expecting no addition in State Aids. - Fees and Charges. It is anticipated that given the inflationary rate that these charges should be increased in the range of 4-5%. INVESTMENTS- - The higher interest rates for City investments, which have been over 9% during 1989, m-'v decrease to 8% during 1990 as inflationary pressures lessen. - Intergovernmental revenue will stay at approximately the same plateau. UNDESIGNATED FUND BALANCE - - For the 1989 budget the City placed $100,000 into undesignated reserve for budget expenditures earmarked for the building fund. This was done in partial expectation of making a "reserve appeal" for 1990. This avenue for increasing the City's levy base was not continued for 1990. It is recommended that another allocation be made for 1990 in case the appeal will be available for 1991. EXPENDITURES - It is anticipated that inflation for 1990 will be in the 4% range. Given the levy limit of 3.6% and the funds for current personnel, who are not at their position top step, it is anticipated that a 2.5-3% increase in salaries will be all that is financially feasable for 1990. This is in light of increases in oil and other energy related expenditures plus increases in health insurance that are anticipated to markedly exceeded the base inflation rate. END OF YEAR BALANCE - During the past five years the actual revenues have exceeded the amount actually expended, by over $200,000. This has been narrowing every year as we have increased the investment amount to a more realistic figure in the revenue projections. It is anticipated the 1989 difference will be $80,000. The budget for 1990 will have no expectation for any excess. This is particularly true if there is a downturn in a possible downturn in building activity together with the anticipated need to start using undesignated balance for facilities improvement. FUND BALANCE Because of the tenor of the Legislature, there is an expectation that undesignated reserves may become a target in upcoming Legislative sessions. In light of this and the need for facilities it would be prudent to designate these monies to the building fund during 1989 in order that they do not become the basis for reductions in the City’s ability to levy or limit State Aids. ORGANIZATIONAL STRENGTH The organization is at a high state of productivity and because of tight ':>udgeting has not added personnel since the 1986 Budget. Various task additions or expansions have been discussed at a staff level as possible position areas in the next few years. Some of these tasks may require a full position others combine in various ways for additional positions. Police Supervisor - (The 3rd Lieutenant) (If done within the current authorized strength would not be a substantial coat.) Engineering - In a review of its engineering services, the City may add this function to an existing position, eventually blending it with the Public Works Director position. Administrative Assistant -Tasks in this area would Include assistance to the department heads and the administrator in areas of new projects, personnel, labor relations, insurance and manag«^3'enc information systems (computers). Clerical Assistance - At a minimum it is anticipated that additional hours would be required to again strengthen this area. This may include assistance in both the general clerical and financial areas. Assessing Function - Because of the growing complexity of the tax system particularly in appraising Orono there is some indication that the contract Assessor may choose not to undertake Orono in the future. Monies that have contracted to him may be need to hire City’s own Assessor and clerical assistance. As an alternative it is anticipated that the price for this service for 1990 may go up by as much as 20%. Other reliable contractors may not oe available and an inhouse function (perhaps with contracts to selected communities) may be a better alternative than contracting with the County. Plumbing Inspection Assistant - To the extent that the City is required to have a licensed master plumber, the City may need to provide this in an alternative way until its inspectors are qualified. This may be done through utilization of summer employment funds as such a person would also be involved in the septic testing program. To the extent that these are new positions the City does not currently have the space within which these additional functions could work. Funding may be a limiting factor in progress on these needs. ALTERNATIVES - 1. Discuss jointly giving comments as to additional or altered directions the Council would desire to take during 1990 budget. 2. Discuss these individually with the staff. 3. Table for further discussion. 4. Accept the information as presented. 5. Take no action. RECOMMENDATION - It is recommended that the Council give their individual thoughts to staff regarding budget guidelines and that if appropriate that it be discussed at the first meeting in July. PROPOSED MOTION - Moved by _, seconded by _ that the Council accept the information and present their directions to staff with perhaps tabling of the item for future discussion. Ayes , Nays - mntncMi tmn Bn(t«4 It/tt */t« tmamM S/M t/M l/t» t/OT I/N •/M l/tt «/M rMIKTIOM 1900 1901 IMl 1901 1904 1909 1904 1907 1900 1/1/09 1909 4/1 1990 MOO faoalaUu foutoC 41S0 4140 i S100>9TM Oaaautai 19T0 ITOO t MM Total 111/111 4010 4909 0941 Ton T119 1140 7110 7170 7440 • a TIM TOM 0900- 0 7700 -9900 Matto Ooaoal*4010 MH>TOM 7171 Till 7104 t TOM 7000 1 14/11 t 4 Oa. at OouioO 1490 1904 IWO 1941 Bat 1 10101■oaaahoJOo OoaoooitO Ml 1910 1041 1079 Total tll/lll nil 1141 un S4U 14T4 1970 MIO MOO f mi am 9M0 t oatio Caoool. T«tal4/1 14T1 1474 7714 1 MM noo OcoifloO 1191 1149 1940 19M M19 1 Moloyoaat/ Notto Cooooll f att I 4T0 .900 I ON 000 14/11 Oo. of 1IOu 9tlawy 0109a M 11 St 49 M SO 44 09 40 1911 1 90 40 90/yt ou Cuat Oo.10 M so 41 S9 94 M to 44 1911 t 49 1101 44 49 Ruliutlal 4 valw tl.SM 1.000 4.010 •§i11.0 0.1 tl.l 0.0 fll.OI 1 9.4 0.0 0.0 0.0/f*IMlUoool 1 f Woo/Otbat Oo.0 1 1 0 1 s 0 1 1 in 1 101 1 1/yrrttlu•o.u *•a 0.01 o.m 0 0.9 o.a (.11 ♦O.a (01 o.a O.a iNUltOMl 1 Oaultl/ Oa.IM m no m 199 170 no no no 11941 • 1 IM 1091 190 JM/ytMOltluo t taloo 1.410 t.no l.OT l.T 0.19T 1.0 9.1 9.0 l.T 14.01 a.o 11.41 a.o 9IMUltosI1 iauaai«ot/Tur Oayabla lit ballt la IMl , Ita u IMS talMl 1•• Nattat talao-actul m.io M0.41 141.9 m.t MO.11 119.70 401.71 491.0 470 1 IMlllaul-iatlula 414.79 444 1 911 tOO.M •• T ! ??- (itMlloaal-CitiMt* Taa Ca^Mlty - kctaal bUMta iBpMdltatM % CMitf* C«h UU«* t TMal >CtMl t e«Mla«l«« t Tatal CoiMiiltf Ot«v«k S In ■■■nlnMa (at. «a« •MiitJi (mauy llStl tM«t Caaaaaar frlaa Mu lew (’•■r-Mci ts.a 101.1 100.SI 101.0 101.s 11.M ■«lta«M« to iru eaMatts aO/oafMlo M 111 , UO.l ISO 14.10 l.ltl 1.491 t.ni 1.011 1.750 1.911 1.M7 a. Ill 1.401 •1.711 a.oi 17 19.4 1.7 9.1 0.1 f.i 17.0 1.4 0 1 10.1(01 4t 1.07 a.ia a.ai . .1 1.40 a.97 1.141 11.199 1.4M 1.411 t.TOi i.m 1.11 t.ito 1 n.f 11.4 0.9 If 0.4 -O.J 19.9 9.4 1 l.Ot a.a • • l.Ot 1.1 1.4 a a a.i 1.0 1.0 1.0 1 i 1 t 1.0 1.0 11.09 14.1 a.o a.i a.o 1.0 0 4.9 4.1 4 4 ■o* oorateo Cutraota total (COt a Ou OroM Orowtli ■ Oo* Cutrut Orouat Oaovto mtkoat Cuttaata 10.1 11 11.1 IS.l Camlatlao Oroatk ottb Cutraata Cuoolatlao Orcatb MUtut Cuttaata Otooucr taa laaraaaa 0.9 10.4 Caulatiao Oroatfe OoOoattu la latattaaaraatotal rooOlao »MMl Or-wtli Lata latwttattnioaatal raoOlat Oat arooortr Taa Oroatb (laat latatfitiniua alatlao otoota attlMat Cuttaata ••“*7.0 •.1 1 - 4 !•*9.4 4.1 f.7 0.9 0.7 ut 1 9.0 4 4.1 9.4 4.1 1.0 0.0 0.9 (9.0 9.0 I.M 1.04 t.OTIootl 1 1.10 a.is 1.0 i.n l.OKootl 1 1.01 t.Ol 4.0 10.9 11.1 0.4 10.7 4.7 1 7.1 4 l.ij 1.0 I.N J t.oa 1.10 1.7 •1 ■obotltatlM 0.7 •1 t OMboUtoUbfl 1.97 1.70 1.70101 i.Tiiei 1.99 I.M 1.71 t.tlloMI t 1 71 1.01 10 ‘ 101 taoloOu Tu U too rloMl Olaoulty Mlutuota 10a aoBMlatiao otooa»«T taa ftoata Ootaou 1900 aaO 1900 la MtlutaO II.Til to bo lOM tbu taaMlatlao *Cauoaity Otootb* IbaorabalO ftoatb ao4 9191 II.9TI abu aOJutauta aro aaOo taa aabatttotiat 9*o90Ttr taa ■ aawou tu raOacaO lataaaoaoaaoaatal raauua. ottbau that tauu. oropatty taa ftoatb Im .(* blybu 11.00 to 1.011 tbu ftoatb aoolO yroOltt. 9u 1900 tbo ftoJootoO ftofortr taa fioath la 1.90 eoayaraO to 1.91 e iiiiiialty Otouh. OU oOtaatlof tu lua at latot- founoMotal rovoout !■ 1.99 to 1.91. lutUM out a.It to ftatlOo utlu tat laay Holt naaiu. artcoeu a TO* Mayor and City Council FSOMs Mark E. Bernhardson, City Administrator DATE. 30, 1989 SUBJR ..'istrator*s Information 53039.8 COUNCIL MET?"' JUN 121989 CITY OF ORONu 3^ 1950 SHORELINE DRIVE - Todate the City has heard nothing back from the owner regarding the furtherance of an agreement on the matter. 1972 SHADYWOOD ROAD - The Animal Control Officer continues to undertake efforts to determine if the resident is in violation of the City's ordinance regarding waterfowl feedjng. BICYCLE RACE - WHEELS AND SPOKES MAY 25, 198 9 - Attached please find a letter sent by Chief Kilbo relating to the problems that were created by this event. Staff will be carefully reviewing this matter before recommending issuance of another license for this group. LEGISLATIVE SUMMARY - SENATOR GEN OLSON - Attached please find Senator Olson's inTl '!al summary to the 1989 Legislative session. 4555 WAYZATA BoaLEVAWTRAiN ACCIDENT - A train accident occured at the private crossing next to this address by an individual who was backir' his car across the railroad t’*acks and became stuch. The ixidiv^o al did not realize a train was coming and the vehicle was hit i.» the rear by an oncoming east bound train. The train had alread started to apply :ts brakes and although both people were injured t''^ accident could have been much worse. There were extenuating v.U mst^nces in this accident that may not speak to the safety and grade of this private crossing. SUMMARY OF RECEIPTS/DISBURSEMENTS - APRIL YEAR TO DATE See attachment. ELECTRONIC .TRANSFERS - See attachment. Opono Police P.O. Box 86 Crystal Bay» MN S5323 445 Willow Drive Long Uke. MN 55356 M.H. Kiibo Chief of Police Administration 473-771C Non-Emergency 544-95 1. Emergency 91: May 24, 1989 Sherry Markus 2717 40th Avenue South Minneapolis, Minnesota 55406 Dear Miss Markus, REF: Orono case 89-2528 The bicycle tour on May 21, 1989 was not a very successful event. Our officers indicated that it was obvious that there had been little or no planning as the bicycle riders had incom­ plete maps and the only indicators showing bicyclists where to go were arrows drawn in chalk on the pavement. Our officers found no officials posted anywhere to direct bicyclists which resulted in packs of bicyclists riding through the area. Hennepin County Sheriffs Radio received so manv com­ plaints from the public regarding bicyclists disrupting traf­ fic that they simply logged them. Our officers had to call in three additional Reserve Officers to handle the problem at the construction site at Countv Roads 51 and 19. It is the officers opinion that this race caused a great deal of danger both to the bicyclists and the o\iblic. The decision to let the bicyclists go by the construction zone on County 19 was stopped by the construction people as they felt it was unsafe, We had approximately 100 bicyclists who had to be restrained and it was not possible to go through there. At approximately 2:00 p.m. a Mr. Smith who stated he was an attorney for Wheels and Spokes, contacted our officers and was upset and agressive and abusive towards the officer, and insisted on going through the area. Access was denied. At the council meeting on the 22nd, several council persons spoke of the various problems: bicyclists going 5 to 6 abreast blocking an entire lane, they also questioned the numbers of bi­ cyclists involved, the fact that they blocked intersections for considerable periods of time and they questioned how many bikes had been involved. Serving North Lake Minnetonka Communities of Orono. Long Lake. Minnetonka Beach and Spring Park I age 2. They also indicated that the permit fee will have to be looked at as it did not coroe anywhere close to meetincr expenses for the City. I hope this gives you some idea of the concerns of both the Police Department and City Council of Orono, and that you will t^e proper steps to change the operating procedure in case you might desire to go through the City of Orono again. Many things will need to be improved upon before this tour will be welcome in Orono in the future. Sincerely, Melvin Kilbo Chief of Police MKrcjh GEN OLSON AMiftant Minority Leader Senator. Dutrict 43 133 State Office Building St Paul. Minnesota 55155 (612) 296-1282 home: 6750 County Road 110 West Mound. Minnesota 55364 (612) 472-3306 May 30, 1989 i I JUN- Li'iL Senate State of Minnesota Mark Bernhardson, City Manager City of Orono Box 66 Crystal Bay, MN 55323 Dear Mark: The League of Minnesota Cities does a good job of informing you of the status and effect of legislation in their Cities Bulletin. If you have questions or would like further information about any bills, do not hesitate to call my office. Rapidly escalating property taxes, particularly in the metro area, have commanded much attention this year. Again this year, the education funding bill will cause major property tax increases - $563 million or an 18% increase. In an effort to protect themselves through the 1990 elections, the DFL majority scraped together every cent they could for property tax relief - all for the first year of the biennium. Higher value residential property and commercial and industrial property will not feel that relief in 1990. In Hennepin County they will experience double digit increases. In 1991 they will get a double whammy. Imposing strict levy limits on cities and counties continues to be the tactic used to control property taxes. Levies will be limited again to three percent increase for the general fund. A bill that some expressed concern about requiring special elections to fill vacancies on city councils did not receive a hearing. An election bill that did pass (S.F. 553/H.F. 630) provides for automatic recounts for close elections at the local level and addresses who will pay specific costs when the recount is optional. The Education Funding bill restricted levy referendum to one a year to be held only on the first Tuesday after the first Monday in November. There was an undercurrent about moving all local elections (including school boards) to November in the odd-numbered years. Don't be surprised if there is a strong push for that change next year. <0^ ? COMMITTEES • Education • Environment & Natural Resources • Local & Urban Government • Public Utilities & Energy • Education Funding Division SERVING: Oeephaven, Eden Prairie (portions oO. Excelsior. Greenwood, Long Lake. Minnetonka (portions oO, Minnetonka Beach. Minnetrista. Mound, Orono. St. Bonifadus, Shorewood, Spring Park. Tonka Bay and Woodland May 30, 1989 Page 2 The State Departments Appropriations Bill (the traditional garbage bill) left the Senate only 98 pages long and was the cleanest I’ve seen in my seven years here. It had only one dissenting vote. It included my bill funding Eurasian water milfoil education, control and research efforts at $500,000. The bill came back from Conference Committee 341 pages long. It cut Eurasian water milfoil funding back to $250,000 and added, among other things, authorization for Hennepin Parks to issue $1.7 million in general obligation bonds for the Lake Minnetonka Regional Park and funds to pay principal and interest. You may remember that along with condemnation authority for that park in last year’s State Departments bill, another very controversial issue was the loan forgiveness for the sewer separation in Minneapolis, St. Paul and South St. Paul, which was a reneging on an earlier agreement. Part of last year’s agreement was that Minneapolis would instead bond for the Great River Road Project, and St. Paul would bond for the Como Park Conservatory instead of seeking state funds. This year’s bill provides grants to pay principal and interest due on bonds for those projects. These are just a few tidbits from a bill crafted by legislators who delight in thumbing their noses at the process. As you probably know, the Supreme Court has agreed to an expedited hearing (bypassing the Court of Appeals) of the case challenging the constitutionality of the 1988 State Departments bill on both the single subject and special law provisions of our state constitution. Their acceptance of the case is a good sign. We need their action to restore a modicum of discipline to the legislative process. The case should be heard later this summer. This is not a comprehensive overview, just a few thoughts on issues I have been close to this session. 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"Sfeo IP ■ m miD^CT^O^CJi ^liD tM m fn ^ fH 9k ni-4 § ifi A 'll z D O o o• o o o» ir> o o o* ir> 00 o o o m ON <N 00 Ss COI s M » u M 8si» §se MD S I h zn M Oli I o £ O K hi (0 «0 •J c <0 CQ to 0> 4J AJ 0^a cr W| rJ £ to (U Jl< <0 c <0 CQ to <p JJ <D 3 tr u 10 £ to d) Ji£ 10 c 10 n to to c u <0 0) tn u <0 <L> C (0 c (0 0 4J to 0> u 0 Z to 0) J< (0 •J c 10 0 4J to (0 at to -TJ 0 u lu to 4J O;U 0> 0 d>C 4J XJ o> c 0* c 0>u SM E 3 E —^ JJ 0) 0 u 0 u 0 0 0 to O4 0)OJ o> 0 S »D 0 to <U a 0)OJ CXi u to c 0 —< <0 to to O'*'^ to *D 10 'W <0 Dri fO <0 0 < 0 at •'H to JZ to a hi •-< 4J 10 -H O 1—t 0) <D to u E to u E 10 to 0 CM Qj 0>0 0-^3 0 <0 tu •-H U u u U Qj ui 0 x: 0 ^c 0 OJ U-l L4 (U u 0 0 0 C *0 E (U 0 0> >-i 0)•iH 01 E 0 w 6 to E 3 to to a; wi u 0 O *D e 'w *a E cu <0 0)3 a 3 uu.4J 0 0 d) 0 d> j: -u «u *j flJ CJ AJ 0^ U 0 0 to »u to »Dcc0 c U u 0 4J c E 01 bi 0 'D to 01 0 'U *0 3 -H to to Jj to Eu u OJ <0 E u 0) 0> CLtw d> c to CO O4 u £ 0)O4 u to 0 to x:z 3 U 0^3 3 (0 ^a; *a 0 0 <4J 4-> U U 4J ^ to U AJ c 0) a u <U <0 3 O'<D to to a; o;C 0 3 0)3z E a<Z E E ^ U »-< ISJ *o D 0 On ON a\ON GO 00 CO 00 \\\\ 0 0 0 <N rn ro H \\<m in m 10 Q 0 0 0 0 COUNCIUIIEEnifG JUII12I989 CITYOFORONO LIST OF LICENSCS FOR COUNCIL APPROVAL FOR MEETING OP * 12, 1989 Garbage and Refuse Co-lector - Baldy Sanitation Inc, 5906 Henry Street Maple Plain Septic System Installer -Quickway Exc. Co Route 3, Box 3 Rockford Hayes Excavating Route 1, Box 202 Montrose License Year _ _ _ _ Date Received Fee Paid Initials 72^) CITY OF 0R090 p.o. Box 66 Crystal Bay, MN' 55323 473*73^57^^^^ wT*^k GARBAGE 6 REFUSE COLLECTOR'S LICEHSE APPLICATIOH The undersigned wishes to operate the indicated business in the City of Orono and herewith makes application for a license to do so. Boeiness/Fin __ _ . _ _ Address ——V _ Tcity) yr>n (Street) Business Phone Humber (State)p Code) ^-7^, a.3 P ? i^plicant's Name Address ^ a c. (Street) Phone Number a? f_5 (City)(State) (Zip Cqde);r qj-^q r./V^/vi£ OFFICE 9 WWW _ Check One:Individual _ _ _ _ Partnership \/^ porpora^on Number of Vehicles to be used in Orono /_ _ _ _ _ _ _ _ _ __ IfECEIPT-mHK YOUdu^cco coot !<oi ro^ Description of Vehicles (attached list if more): Loaded Loaded Year Mfgr. Gross Wt. Rear Axle wt. Sire/Yards License Number t/v ^prj V i’7Z i Z. General area of City served __ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ Schedule of Collection charges/ dates - - - - - - - - - - - - - - - - - - - - - - - - Approximate number of customers in Orono _ _ _ _ _ _ _ _ _ ___ _ _ _ __ Location of dumping area .. IN ORDER FOR THIS APPLICATIOH TO BE CONPLETE, YOU MUST ENCLOSE THE FOLLONIlWs Surety bond in the amount of $1,000. Proof of insurance in the amo|»t of $100,000-$300,000-$50,000, and 10-daj cancellation clause, jymual fee is a $30.00 flat rate fee, plus $lS/truck, and a $30.00 transfer^feeJif^applicableK I am the owner and operator of the above business and I have paid all license foes and taxes required by law. The above information is correct. — FOB CITY OSB ONLY: After review of application, staff recommends: % Approval _ _ _ _ _ Denial _ _ _ _ _ Other (specify) ^ c*^f- - - - - - Signature of/City Official Date crrYof OR xo Crysul Bay, MinnaaoU 55323 SEPTIC SYSTEM INSTALLERS LICENSE APPLICATION BUILDING k ZONING - 473-7357 assessing All questions must be answered. License fee, bond, certificate of insurance, and evidence of MPCA Certification or Home Sewage Treatment Workshop attendance must accompany this application. All applications are subject to a ten (10) day approval period- Business or trade name /^.uO »1. 2. 3. Business address ?T ^ /?f^‘ Business phone ^77- $0^7 Residence phone 4.Name of applican certification 5.Type of certifies ^ Site evaluator company .r^re sent yVL,o^0 * resentative holding MPCA held:Installer Pumper oxte _ _Systcm designer Is this a Provisional Certificate? A/c> Certificate No^^47^ t:s7 6.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. 7.Have you ever held a Septic System Installer license in Orono before? VrS Most recent year %% _ 8.Have you ever had a license revoked? When? Where? _ _ _ Do you do Municipal Sewer hook-ups? Yes K No X No 10. Do you pump out septic tanks? Yes^IjIIzOCOOO SUBMITTALS REQUIRED: ^1. $25.00 license application fee. .‘■iLA 'i • V — i J — y V •» V ^ “7^2. $2000.00 license and permit bond naming City of Orono as obligee. The State Plumbers Bond will not be accepted. $10-50-100,000 minimum Certificate of Insurance. Copy of current MPCA Certificate or evidence of attendence at On-Site Sewage Treatment Workshop held immediately prior to current construction season. - f LICENSES WILL NOT BE PROCESSED UNTIL ALL 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 Ordij|ances of th^ gity of Orono. Date S' 17' y i AppUsaats Sianature / " CITY USE ONLY Staff recommendatio^ Approva^^ Reason for denia^.; - --— City Council Action Date license mailed □ate y~a9 Date Approved Denied CITYof ORONO Poi4 OfflOB 00» ^ Crystal Bay. Minn««»ta 55323 BUILDLNG A ZONING - 473-7357 assesslng SEPTIC SYSTEM INSTALLERl license application All questions must Home Sewage ence mus^ All applications are subject to a ten uu» aay t-t' 1. 2. 3. 4. 5. 6. 7, 8. Business or trade name Business address 2.^ Business phone ^02^ 3S^l/_ Residence phone - - - - - - - Name of applicant^or company repr^entative holding MPCA certification a ^------------------- Type of certification held: ^ ^ , prior to the currert construction season. Have you ever held a Septic System I.ns^al^r license -in Orono before? Most recent year ./? fK Have you ever had a license revoked? When? - - - -- Where? Do you do Municipal Sewer hooK-ups? Yes Yes __10*^ Do you pump out septic tanks? SUBMITTALS REQUIRED;— -r City of or'oit. 2. .. State Plumbers Bond will be accepted. T <in —*?n —100 000 minimum Certificate of Insurance. ^ T.-/-70 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. re authorised by j^ou apply^forpIrS^runder ylS^^licensa + /^ou to fie AO >4c/« Date The undersigned hereby makes application ^t^^jaLicorono. Minnesota, for install and repair septic systems, and/or pump out septic tanks, ‘ ^itv ofof the State of Minnesota and the Ordinances of the City, of Orono. ^ J- ! 3 Applicants Signature ^ City.of :iTY :SE DNLY Staff recommendation ^'^Approval^^ Reason for denial; _ Council Action license mailed Denial Date City Date Date Approved Denied 05/28/89 PR CB PRREGOR cwwiunnK JIM 121989 OIYJffY^ivlOMbNO PAYROLL REGISTER NAME ANDERSON. BRUCE L BERNHAROSON, MARK E BOBZIEN, SUE A BOSMA. JAMIE L BOYLAN, STEVEN D BRA' . ROBERT R BRIi ^AUS. JOHN F CHEbwICK. GARY B CHRISTIANSON. SALLY CLARK. MARY M CORNICK, JAMES L ENGLISHIII. IRVING H ERICKSON. KURT R FISCHENICH. DAN T FRITZLER, JOHN M GAFFRON. MICHAEL P GERHARDSON. JOHN R GREGORY. JAMES D HALLIN. DOROTHY M HANSEN. STEVEN C HANSING. CAROL J JACOBS. THOMAS J JOHNSON. BRADLEY P KILBO. MELVIN H KNUTSON, CHARLOTTE A KUEHN, THOMAS M KUYPER. SCOTT E LINDSTROM. DAVID J MABUSTH, JEANNE A MILLS JR. WALTER H MORAN. MARK F MOROWCZYNSKI. JAMES NAAB, THERESA L OAS. DANIEL 0 OBRIEN. RANDY L OMAN. LYLE E QUASI. WAYME A RATH8UN. BARRY J SASS. JOHN J SCHAUSS. CHARLES R SCHEFFLER. LAURIE K SKREEN. DALE S STEFFENHAGEN. RONALD STEVENS. BETTY G THOMTON. MARK R TOMCHECK. LAWRENCE F TOMCZYK, MARK W YTD CURRENT DPT GROSS GROSS 31 16749.69 1364 16 12 23734 88 2044.08 31 9768 86 886.40 12 5570 18 544.30 93 171.01 102.13 93 290 25 180.00 42 15471.14 1308.00 31 16121.20 1468 00 31 1808.07 120 60 31 84 50 84 50 31 17075.35 2038.12 31 16325 84 1827 43 31 15545 80 1376 95 31 15224.51 1417.75 -^l 15994.49 1458.80 J3 13795.81 1256.10 42 18598.27 1693.37 42 13430.11 1084.80 12 12178.02 1108.80 42 10367.66 1216.39 31 5434.00 514.45 33 13795.72 1256.08 31 16045.79 1754.65 31 20006.80 1821.60 15 9736.07 886.40 15 18717.86 1704.24 31 3528 30 728.87 93 65.25 42.75 33 16529.09 1504.95 93 638.88 197.13 31 16277.96 1337.28 31 18245.50 1920.07 12 9732.84 886.40 93 540 00 182.50 92 10838.47 959.96 33 11569.08 1053.36 92 12707.23 1195.08 92 11211 41 851.76 42 12167 64 973.60 31 12872.60 1388.19 12 8274.66 753.44 42 11832.84 973.60 93 12194.76 1110.32 93 882.01 288.75 31 14339.58 1615.88 31 15238.50 1896.02 31 15155.36 1398.26 V2 M&M w ytio NAME WALSH. KEVIN L WALTERS. LINDA G CITY OF C.^ONO payroll register DPT YTD CURRENTGRG^.j GROSS •I 35 2967 03 361.12 1153217.84 804 48 52.941 87 1 c 6.1: c 06/30/89 PR CM PRREGOR CITY OF ORONO PAYROLL REGISTER NAME CALLAHAN. EDWARD J GOETTEN. J.DIANN 3RABEK, JAMES NETTLES. ALAN R PETERSON. 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(MCMCMIMCNCMCMCMCMCMCNCMCMCMCMCM I I I I ) I I I • I I • I • • ■ OOOOOOOOOOOOOr»C~r>~ o)o»«cyicr)CT)cj>o>o>cj)a>a*o»oiA® I I I I I I I I I • I I • I • • ®««WMMMM»««««««« <M CM CM CM CM CM (M CM CM CM CM CM CM CM *M CM I I I I I I I I I I I I • I I Iinmininminminininininintninin S3338S38SSSSS3S3 »_• M »-M-41-« M l-M-l »-> l-l H4 •-« C-l »M U.U.ll.U.U.U.U.ll.U.U.U.U.U.U.U>k^ zzzzzzzzzzzzzzzz (/) c/> CO c/t c/1 </)(/)(/)(/)(/)(/) tn </)(/) c/H/y IWCeooooaooaoooeooocotocoeocoeooaao OOOOOOOOOOOOOOOO CDIOCOIOCOCOCDCDCOCDCDCOCDCOCOCOOOOOOOOOOOOOOOOO ooooooooooooooooooaomoooooaaaao OOOOOCJCJOOOOOOOOO tiiiitnmutii s in®Or».wnnf^«»toO(iSLOf^inin<M >«oOCMcn®<M®^r<«acoco>M«r»CM ^C)0>M«MCO^WCMCD«>CM-4(OCnM CM CMCMin Mf-l®0-H-C n CM -* 'C 01-« CM*H-M f»C^ «« coco ®inm® ^ cocn® ior« (0<^ CM CO CO .'ic I oo. aijLACC fVlech^ j COUNOL MEETING JUN 121989 CITYOFORONO . ^5 Mayor Grabek & Orono Council Members City Administrator Bernhardson ^omt ueanne A. Mabusth, Building & Zoning Administrator Date:June 8, 1989 O Subject: Notification of Joint Meeting - June 1, 1989 In his absence# the City Administrator has asked that I review the issue of prior notice of the joint meeting in consideration of the poor attendance at that meeting. A copy of the City Administrator's memo was included in the Council packets for the May 22nd meeting of the Council. Staff has determined that the only persons to receive copies of that memo were the five Council meters. All persons cc: on the memo never received copies. At a staff meeting on Tuesday, May 30, 1989, it was realized that Planning Commission members had not received notification and the clerical staff was immediately advised to make phone contact with each of the Planning Commission members. Of the seven member Planning Commission, three members were in attendance, and of the five Council members, two were in attendance and three absent. (Only one member provided prior notice to the City of an inability to attend the joint meeting.) cc: Dorothy M. Hallin, City Clerk Teri L. Naab, Deputy Clerk Laurie Scheffler, City Recorder Jamie Bosma, Secretary 51089.8 TO; Mayor and City Council PROM: Mark E. Bernhardson, City Administrate DATS: May 10, 1989 SUBJECT: Joint Planning Commission/Council Meeting - Navarre ISSUE - Reminder of the upcoming joint meeting on June 1, 1989, at 6:00 P.M. (box lunches will be provided). cc: John Shardlow, Dalgren, Schardlow, Uban Jeanne A. Mabusth, Building & Zoning Administrator Michael P. Gaffron, Asst. Planning & Zoning Administrator Planning Commission Members O MINUTES OF THE PLANNING COMMISSION MSBT11I6 MET IS* 1M9 ATTENDANCE 7:00 P.N. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley; Planning Commissioners Brown, Cohen, Hanson and Mooa. Planning Commissioner Bellows arrived at 7:15 p-m. The following represented the City staff: Building and Zoning Adniniatrator Mabusth, Assistant Planning and Zoning Administrator Gaffron and City Recorder Scheffler. Council Representative Edward Callahanf Jr. was also in attendance* #1401 JOHN PIEBELKORM 2730 a 2740 SHADYMOOD ROAD SUBDIVISION OF A LOT LINE REARRANGEMENT CLASS I PUBLIC BEARING 7:00 P.M. TO 7:10 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Fiobelkorn was present for this matter. Assistant Planning and Zoning Administrator Gaffron informed the Planning Commission that the purpose of the lot line rearrangement was to provide a 10' side setback for the storage shed, which presently encroaches on the Dunsheath property. The lot line rearrangement would give the Fiebelkorns more property in the 0-75* zone, as well as the 75-250', and would slightly change the hardcover percentages for both properties. Hardcover would decrease for 2730 Shadywood Road to 9.7'* in the 0-75* zone and 62.7% in the 75-250* zone. The hardcover percentages for 2740 Shadywood Road would increase to 4.5% in the 0-75' zone and 22.3% in the 75-250* zone. Gaffron noted that the shed was constructed recently and is located 9' from the Fiebelkorn's house. Gaffron questioned whether it would be more reasonable to grant a 1* variance and require an adequate firewall in the shed or move the shed to meet the required 10* setback from the house. Chairman Kelley asked Mr. Fiebelkorn if it would be possible to move the shed. Mr. Fiebelkorn replied that the shed was not on a floating slab and would therefore be difficult to move. 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, including the setback variance for the shed. Planning Commissioner Hanson asked Mr. Fiebelkorn if he intended to keep the storage shed? Mr. Fiebelkorn replied that it was his intention to keep the shed. Motion, Ayes=5, Nays=0, Motion passed. MINUTES OP THE PLANNING COMMISSION MEETING MAY 15 r 1989 #1405 THOMAS COLWELL 2640 NORTH SHORE DRIVE PRELIMINARY SUBDIVISION CLASS III PUBLIC HEARING 7:15 P.M. TO 7:50 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. and Mrs. Colwell were present for this matter. Zoning Administrator Mabusth explained that the Colwell property consisted of just under 20 acres, which would be subdivided into lots containing no less than 2 acres of dry, contiguous land. Lot 1 contains 8.8 dry, contiguous acres; Lot 2 contains 2 acres and Lot 3 has approximately 2.48 dry, contiguous land. On-site septic system locations have been approved, and the placement of the driveway for the property must be given extra consideration due to the location of the septic test areas for Lot 3 and the alternate septic site for Lot 2. Testing indicates that mound systems would be necessary. A new septic system to serve the existing house on Lot 2 has to be installed as a condition of the subdivision. The present system is substandard and has been noted to be failing. Mabusth said that the issue of access in this subdivision was unique. The City's current policy of requiring a private road at a three lot density is in conflict with certain sections of subdivision regulations and the Comprehensive Plan. The Comprehensive Plan indicates that a driveway would serve up to three lots. The Platting Code recommends that if a subdivision is presented showing a private road serving up to three lots, then the private road must be designated as an outlet. The code gives no clear direction that would indicate that this specific subdivision has to be served by a private road. The applicant is proposing that Lots 2 and 3 be served by an existing driveway off of County Road 51. They are also proposing that a new curb cut be made in the corridor that abuts County Road 84 to serv'> Lot 1. Mabusth said that the City had many concerns regarding such a proposal mainly due to the possibility that Lot 1 could be subdivided in the future. If Lot 1 were subdivided. Lot 2 would have to achieve access from a future private road that would serve the Lot 1 subdivision. Planning Commissioner Cohen asked whether Lot 2 could be subdivided? Mabusth replied that neither 2 nor 3 could be subdivided. Mabusth added that there was a question of whether Lot 3 contained the contiguous, dry buildable area. She said because of the 30* wide access easement that intersected Lot 3 that the lot line must be realigned between Lots 3 and 1 in order to ensure that there are in fact 2 acres. Planning Commissioner Bellows said that she preferred not to create a land-locked lot and suggested that the easement be be given an outlot designation. MINUTES OP THE PLANNING COMMISSION MEETING MAY 15, 1989 ZONING PILE #1405>COIMELL CONTINUED Planning Commissioner Hanson suggested that the applicant have his developer prepare a site plan depicting the various directions suggested by the Planning Commission and Staff. Planning Commissioner Brown asked Mr. Colwell for his opinion regarding only one access off of County Road 51. Mr. Colwell said that he would rather have the access off of County Road 84. He said that portion of land would lend Itself well for an access. Planning Commissioner Bellows indicated that as a general rule she would prefer to avoid accessing off of County Road 84. However, due to the topography of this property, she would not object. Planning Commissioner Moos said that she was not in favor of curb cuts, but did not see a y other options available. Planning Commissioners Hanson and Cohen concurred with Bellows. Chairman Kelley summarized for the applicant that the Planning Commission would agree to an access off of County Roads 84 and 51. The Planning Commission would like to see an outlot placed across Lot 3 to serve Lot 2, and obtain enough dry, buildable land on the east side of the outlot to make a building lot. Chairman Kelley asked about the side setbacks for the principal structure. Mabusth replied that it is 25* from the proposed lot line and that the code requires a 30* side setback. Mr. Colwell was asked to define the use of the accessory structure as the structure as proposed presented a problem for the City. The accessory structure has been placed on a lot that does not contain a principal residence. Mr. Colwell said that the structure was mainly used for storage and that he would prefer to have it located on Lot 1. It was the general concensus of the Planning C^jmmission that the principal structure meet the required setbacks, especially due to the new subdivision. Planning Commissioner Brown suggested that the lot line be rearranged to allow for the setbacks. Kelley said that Mr. Colwell could opt to rearrange the lot line, move the barn or tear it down. Mabusth noted that a condition would be placed on subdivision approval requiring the applicant to apply for a building permit for Lot 1 within one year, or the accessory structure must be removed. Bellows suggested that the accessory structure be required to meet the standards set forth in the ordinance amendment rather than the standards indicated within the present ordinance. Mr. Colwell asked how far from the Lot 2 lot line the accessory structure would need to be? Mabusth replied that it would need to be 10* from the lot line. Mrs. Colwell asked what the setback requirement would be for the barn to remain in Lot 1. Mabusth replied that it would have to be 10* from that lot line as well. Bellows questioned why the lot line could not be moved so that the house had its proper setback and the barn/garage could remain within its required 10*. Mabusth stated that the house would have to be 30* from the east side lot line. Kelley observed that by moving the lot line 5* to the east, the barn and the house would meet their required setbacks. Mabusth advised that there is adequate separation to satisfy setbacks, the question is the accessory structure and MINUTES OP THE PLANNING COMMISSION MEETING MAY 15, 1989 ZONING PILE #1405~COLWBLL CONTINUED how shall we reserve the temporary status of the structure. Mr. Robert Gumnit, a property owner to the north, expressed his concern regarding the proposed access off of County Road 84. He questioned whether a detailed study had been dune in the location where the driveway would be installed. Hr- said that area was 8’to 10' below the County Road and there are wetlands that may be affected. The proposed driveway area serves as access to the marsh and the open area beyond. There is also a culvert in the area and the driveway may affect drainage. Mr. Gumnit requested that the applicant have a detailed study regarding the impact the driveway may have on the area. Kelley informed Mr. Gumnit that the driveway would have to meet the 26' setback from the 932 levation. Zoning Administrator Mabusth pointed out the fact that Hennepin County had approved the access off of County Road 84. Kelley added that a silt fence could be installed to prevent runoff into the marsh. Kelley said that preservation of the wetlands was part of the Comprehensive Plan. 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 table application #1405. Motion, Ayes=6, Nays»0, Motion passed. #1406 DENNIS KUMLIN 2665 POX STREET PRELIMINARY SUBDIVISION CLASS III RENEWAL APPLICATION PUBLIC HEARING 8:30 P.M. TO 8:40 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Kumlin was present for this matter. Zoning Administrator Mabusth informed the Planning Commission that there had been no changes in Mr. Kumlin's request, nor the City's code. The original septic information had been provided along with a detailed site plan showing setback location from the wetland on Lot 2. The only change that has occurred since the original application is the "Trees to Be" subdivision has created a designated through road to connect to Mr. Kumlin's outlot. The City Engineer has recommended that the change in road construction standards be discussed with the applicant. Mabusth noted that Mr. Kumlin was present at the public hearing for the Trees to Be subdivision and had voiced his concern about the through road adjacent to his property. Mr. Kumlin apologized and explained the reason for delaying the subdivision. He said that Rainey Anderson had indicated that sne would be willing to assist financially with the through road MIHUTBS OF THB ] BNIIIG COMMISSION MEETING MAY 15, 1989 ZONING PILE «1406-KUMLIN CONTINUED if it was developed. Gaffron noted that there be through road only if the City or the property owners deemed it necessary. Gaffron said that there was no intent for a through road in the foreseeable future. Mr. Ray Jaques, owner of Lot 2 in the Trees to Be subdivision, questior'^d what effect the future development of the larger eastern lot i.' the Trees to Be plat would have on the potential for the thiough road being constructed? Gaffron replied that there would be no effect. There were no further comments from the public regarding this matter and the public hearing was closed. It was moved by Planning Commissioner Cohen, seconded by Planning Commissioner Bellows, to recommend approval of the preliminary subdivision application. Cohen did express concern regarding access onto County Road 84. Motion, Ayes®6, Nays*0, Motion passed. #1407 LEOPOLD BAOSBR 475 FERNDALE ROAD NORTH PRELIMINARY SUBDIVISION CLASS II PUBLIC HEARING 8:40 P.M. TO 8:50 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. and Mrs. Hauser were present for this public hearing, as was their realtor, Meredith Howell. Assistant Planning and Zoning Administrator Gaffron explained that Mr. Hauser was proposing to subdivide his 5.5 acres of property into 2 lots. The Hauser's residence is located on the proposed Lot 1 and would meet the required setbacks. Both primary and alternate septic sites have been determined for the proposed Lot 2. The applicant would prefer to have a separate driveway access to Ferndale Road. However, the City Engineer has recommended that the driveway be shared. He did indicate that sight distance would not be a problem if separate driveways were constructed. The plat would show a 33* right-of-way dedication for North Ferndale Road and the City would ask that a 25* private road outlot along the north end of the property be dedicated. The City Engineer has further recommended that a retention basin be designed for the southwest corner of Lot 2. Mr. Greig commented that he did not believe that Mr, Hauser's proposal would create a problem with drainage. Mrs. Hauser commented that the Keesling lot line was more contiguous with their property and that drainage would not affect Mr. Greig*s property. Mr. Hauser asked if he and Mr. Lauer reach an agreement if he could take the width of the driveway from Lot 1 and add it to Lot 2? Kelley indicated that approval would be conditioned upon MIHOTBS OF THE PLANNING COMMISSION MEETING MAY 15, 1989 ZONING PILE #1407-HAOSBR CONTINUED there being at least 2 acres of dry-buildable land for Lot 2. There were no further comments from the public regarding this matter and the public hearing was closed. Planning Commissioner Cohen asked for clarification regarding the 25' outlot dedication. Kelley explained that the entire lot is being subdivided and the 25* would allow for future upgrading of the private road. It was moved by Planning Commissioner Hanson, seconded by Planning Commissioner Cohen, to recommend approval of the proposed subdivision subject to the following conditions: 1. Driveway access to North Ferndale Road be by way of a shared driveway and/or access off of a proposed outlot. 2. A retention basin be constructed in accordance with the City Engineer's recommendations. 3. That 33' of right-<:f-way for North Ferndale Road be dedicated as public roadway and that a 25' road outlot along the north boundary be shown on the plat map for private road purposes. 4. Lot 2 shall be subject to the standard park fee of $200.00. 5. The applicant shall provide a site grading plan for the proposed house on Lot 2 prior to issuance of the building permit. 6. Standard drainage and utility easements shall be shown on t^e plat map. Kelley questioned whether the standard drainage and utility easement would include the retention pond? Gaffron suagested making that an additional condition. Hanson amended his motion to include the requirement that a flowage and conservation easement be taken for the retention pond, Cohen seconded, Howell 3sked whether the shared driveway would be preferred in the event Mr. Lauer agrees to Mr. Hauser's proposal for access to Lauer's property? Kelley replied that would be preferred. Mr. Hauser expressed his concern that such an access may interfere with existing trees. Mr. Hauser expressed his confusion regarding the intent of condition #1 of Hanson's motion. Hanson clarified that it was his intention to allow Mr. Hauser the option of slightly adjusting the lot line so the new driveway could be accessed from the old driveway, Kelley explained that the shared driveway would be preferred to avoid any additional curb cuts onto North Ferndale Road. Motion, Ayes=»6, Nays«0, Motion passed. MINUTES OF THE PLANNING COMMISSION MEETING MAY 15, 1989 #1326 WAYZATA COUNTRY CLUB 200 WAYZATA BOULEVARD PRELIMINARY SUBDIVISION CLASS III CONTINT^ATION OP PUBLIC HEARING 7:50 P.M. TO 8:30 P.M. The Affidavit of Publ c^^ion and Certificate of Mailing were duly noted. Mr. Ronald Lauer p’-esent for this matter, as was Mr. John Downey, President of the Wayzata Country Club. Assistant Planning and Zoning Administrator Gaffron reviewed the status of this application. The grading plan showing the proposed house and circle driveway has been submitted and reviewed by the City Engineer. The City Engineer has ^ n cated that the proposal is suitable, but recommended .at water draining from the house site should run in both directions around the mound septic system. The retention basin design has also been received. The basin would collect the runoff and would store it for a short period before it would runoff through a small pipe at a controlled rate. The City Engineer has recommended that the top of the swale and the berm be raised slightly to allow for more storage capacity. Mr. Al Greig, Chevy Chase Drive, said that there would be a problem with the proposed drainage plan and retention basin. He questioned whether the pipe would effectively drain the water. He was especially concerned about the pipe silting in or freezing closed. Chairman Kelley asked Mr. Greig for his opinion as to a solution to the drainage problem. He explained to Mr. Greig that Mr. Lauer and the Country Club had worked very hard to satisfy the City and the residents of Chevy Chase Drive. He told Mr. Greig that the City of Orono would take a flowage and conservation easement over the property. Should the City receive any complaints about the drainage in that area, the City would try to solve the problem and charge the expenses back to the homeowner. Mr. Greig asked Kelley who would be responsible for any water damage that may occur to his property? Kelley asked Mr. Greig if water presently drained through his property? Mr. Greig replied that it did not because the present drainara system allowe the water to drain across the Golf Course property over to Mr. .. .mmons yard. He said that the berm would border on his property and would stop about 30' from the subdivided lot. Gaffron interjected that the City Engineer's recommendation for the retention pond is such that it should not stay full of water. Gaffron said that Mr. Greig's concerns should be discussed before the City Council with the City Engineer present to answer specific questions. Mr. Jim MacKinnon, Mr. Greig's Attorney, questioned why the City Engineer had not addressed the issue of ground water? Kelley asked whether the residents would prefer to have slow or rapid runoff? Kelley said that the neighbors had indicated initially that they preferred slow runoff. Mr. MacKinnon said MTNUTSS OP THE PLANNING COMMISSION MEETING MAY 15, 1989 ZONING PILE #1326-WAY2ATA COUNTRY CLUB CONTINUED that the neighbors did not want any adverse effect from the development of Mr. Lauer's property. Bellows interjected that it was the City’s policy when dealing with subdivisions to require the property owner to rectify any drainage problems that may occur on his own property. Bellows added that it would be impossible for the City to anticipate every possible condition that may occur. She said that the long standing drainage problem for the residents of Chevy Chase Drive needs to be addressed with the City of Orono, not Mr. Lauer and the Wayzata Country Club, Bellows opined that underlying the drainage concern was the fact that most residents object to development occuring in their neighborhood. Bellows said that the residents of Chevy Chase Drive had very legitimate drainage problems that they should not have to deal with. Planning Commissioner Cohen stated that it was well and good that Mr. Lauer remedy drainage problems on his own property, but questioned whether in doing so he might not adversely impact other properties. Bellows replied that the drainage information that had been submitted Indicated that there would be no increase in drainage on neighboring properties. She said that information was all that they had to go on. Chairman Kelley said that issues such as the construction of the retention basin, the requirement that a grading plan be submitted prior to issuance of the building permit, and dedication of a 25' outlet along the north side of the parcel still needed to be considered. Additionally, the applicant is seeking approval of a 140' lot width variance and the inherent variance for lack of frontage on a public roadway, Kelley said that f it were not for the variance request, the City would have no reasonable justification for a denial since the proposed division meets all other requirements. Planning Commissioner Bellows indicated that she wished to discuss the road issue. She said that the driveways being constructed off of North Ferndale are inadequate to serve the number of houses they are proposed to serve. She was not in favor of allowing this subdivision to occur without substantial improvement: to the roadway off of North Ferndale. Planning Commissioner Cohen said that the road access is close to the mailboxes and is a safety hazard. Mr. Lauer indicated that the mailboxes were at least 150 yards from the mailboxes. Mr. Leo Kauser interjected with a proposal to place an access off of North Ferndale through his property, rather than using the existing substandard roadway. He said that the City Engineer had the opportunity to look at that location and had indicated that there would be no safety problems. Kelley questioned whether Mr. Hauser had discussed this prcposal with Mr. Lauer? Mr. Hauser replied that it had been briefly discussed. Mr. Lauer noted that Mr. Hauser's proposal would create more hardcover and consequently more drainage problems. Mr. Hauser replied that the vegetation in that area was very thick #:nd would alleviate any potential runoff problem. MimTES OP TUP FLAHHIIK C0NNI88I0* «BTI«G IM ZOHIIK PILE »1326-WAYZATA COUNTRY CLUB CONTINDID Chairman Kelley asked Mr. Hauser if he intended to giV# bie land to Mr. Lauer? Mr. Hauser indicated that he would be willing to give Mr. Lauer the portion of his property in exchange for the northerly portion* of Mr. Lauer*s property. Ms. Meredith Howell* Hr. Hauser's real estate agent, indicated that Mr. Haueer'e proposal would benefit everyone. Mrs. Hauser said that she wanted to save all of the existing vegetation that blocks their view of the golf course. Chairman Kelley asked Mr. Lauer if he was willing to take advantage of the good faith proposal of Mr. Hauser, or if he wanted to proceed with his application as originally proposed? Mr. Lauer replied that he was willing to discuss the alternate proposal with Mr. Hauser, but he did not want to be committed to proceed in that manner. Kelley noted that Mr. Hauser's proposal would eliminate the need for Mr. Lauer to obtain variance approval for frontage on a public road. The Planning Commission as a whole indicated that they would prefer to see Mr. Lauer proceed with Mr. Hauser’s proposal, with the exception of Planning Commissioner Hanson. Hanson said that the matter should be moved on to Council rather than being tabled and requiring Mt. Lauer to appear again oefore the Planning Commission. There were no further comments from the public regarding this matter and the public henring was closed. It was moved by Planning Commissioner Hanson, seconded by Planning Commissioner Brown, to recommend approval of the proposed subdivision, subject to: 1. Construction of a retention basin per the City Engineer's plan or a plan submitted by the property owner that has been approved by the City Engineer. 2. Submission of a revised site grading plan to be approved by the City Engineer. 3. Dedication of the 25* outlet corridor. 4. Granting of the underlying road and utility easements. 5. Granting the variance for the lot width, in relation to the frontage and front yard setback. 6. The payment of park fees. 7 Standard drainage and utilities easements being shown on the plat drawings. Gaffron nuggested that a flowaqe and conservation easement be taken over the retention basin. Hanson agreed to included :hat provision in his motion. Brown seconded. Gaffron asked whether NIHUTES OF THE PIAHMIMG COMMISSION MEETING NAT 15, 1989 ZONING PILE #1326-MAYZATA COUNTRY CLUB CONTINUED the ground water issue and potential storm sewer for Chevy Chase Drive be mentioned as a separate issue to be considered at a later date? Hanson indicated that he did not want to include that in his motion. Motion, Ayes*2, Nays«4. Motion failed. It was moved by Chairman Kelley, seconded by Planning Commissioner Cohen, to table application #1326, pending negotiation between the applicant and Mr. Hauser. Planning Commissioner Hanson stated that tabling this application was totally inappropriate in the sense that it constrains the property owner. Brown asked whether there was any way to keep the application moving forward, but allow Mr. Lauer the opportunity to negotiate with Hr. Hauser? Hanson said that was the intent of his motion and added that tabling the matter "put Mr. Hauser in the driver seat". Gaffron suggested that the Planning Commission make a recommendation for denial which would allow Mr, Lauer to proceed to Council. Chairman Kelley withdrew his motion. Mr. Lauer asked whether the requirements of addressing the drainage problem would still exist if he agreed to Mr. Hauser's proposal? Kelley replied that runoff from his lot could not be increased. Mr. Greig asked whether the failed motion included extending the berm into the Golf Course? Kelley replied that the motion included the City Engineer's recommendations. No further motions were forthcoming. #1391 TERRY SADLER 1396 BALDUR PARK ROAD C08n>ITI0NAL USB PERMIT CONTINUATION OP PUBLIC HEARING 8:52 P.M. TO 8:57 P.M. Mr. Sadler was present for this matter. Assistant Planning and Zoning Administrator Gaffron informed the Planning Commission that Mr. Sadler was proposing to build a retaining wall along the east side of his property. The retaining wall wou ’d be located 40' from the shoreline. City Engineer requested that the wall be cut back. Chairman Kelley opined that Mr. Sadler’s proposal was in excess of what was 'cessary. Planning Commissioner Brown asked Mr. Sadler why he preferred to build the wall longer thaii the City Engineer recommended? Mr. Sadler explained that his proposal would provide more flat surface for his yard and would better direct water away from his neighbor's property. Gaffron said that the City Engineer's proposal minimized the amount of fill in the 0-75 ’ zone and would be less precedent-setting. 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 based upon the City Engineer's reconunendations. The hardship for MIHOTRS Ot THE PLANNING COMMISSION NBR1N6 ■m ZONING PILE tl391-SADLBR CONTINDED the application is the slope of the property within 0-75 ’ of the lake. Mr. Sadler explained that there would be en area that would sweep out and asked whether he could fill it in? Kelley replied that the City Engineer's recommendation were to be followed. Kelley suggested to Mr. Sadler that he ask his neighbor to attend the Council meeting to express his concerns regarding drainage onto his property. Motionr Ayes«6r Nays*0, Motion passed. #1399 HOMEONMERS* ASSOCIATION OF MCCOLL'Y FARM DEBORAH DRIVE VARIANCE PUBLIC HEARING 8:57 P.M. TO 9:00 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Several iriembers of the McCulley Farm Homeowners* Association were present. Zoning Administrator Mabusth reviewed this application saying that the request was for a cul-de-sac length variance. The proposal is for a 1,600* cul-de-sac where the maximum allowed is 1,000 ft. Mabusth said that McCulley Road was platted and is on record showing the cul-de-sac. The City asked that a future loop extension to McCulley Roaj be provided, but during the final plat phase of the subdivision application the developer opted to go with a through road and the cul-de-sac was never constructed. Eight of the 9 homeowners are requesting the cul- de-sac in order to eliminate the road from being used as a by­ pass. The residents would like to blacktop the road but fear by doing so traffic speeds would increase. Mr. Michael Pierce, 480 Deborah Drive, ob-^ects to the cul- de-sac. He said that he had bought his property 7 years ago and that the through road existed at that time. He preferred to exit from the epd of the road being proposed for cul-de-sac. He believed that allowing the only access to be onto County Road 6 to be a safety hazard. A representative of the residents favoring the cul-de-sac d that there would be no change in response time for the Maple in Fire Department. The Orono Police indicated that the cul- sac would only slightly increase response time. He said that c, Cheswick has confirmed that Deborah Drive is being used as a cut-off. He said that 7 of the 9 homes have children ranging in age from 1 to 15 who use the road for bicycles, etc, Kelley asked whether the 8 residents in favor had so indicated in writing? The Representative answered negatively. Kelley suggested that the residents go through the Homeowners* Association prior to seeking approval from the City. He said that the Homeowners' Association vote would carry weight when the application was being considered by the Planning Commission and Council. MmUTES OP THE PLANNING COMMISSION MEETING MAY 15, 1989 ZONING FILE «1399-MCCULLEY FARM HOMEOWNERS' ASSOC. CONTINUED It was moved by Chairman Kelley, seconded by Planning Commissioner Moos, to table this item until such time that the Homeowners' Association comes back before the Planning Commission with a vote. #1400 CHARLES & SANDRA LARSON 4285 SIXTH AVENUE NORTH VARIANCE PUBLIC HEARING 9:02 P.N. TO 9:10 P.N. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. and Mrs. Larson were present for this public hearing. Zoning Administrator Mabusth explained that the Larsons were seeking an area variance for an accessory structure 2,225 s.f. Mabusth corrected the lot size to be between 5 to 6 acres. This would allow for a structure 2,200 s.f. in size, based upon the current code amendment. Chairman Kelley said that this matter should be tabled until the City Council made a determination regarding adoption of the Accessory Structure Ordinance Amendment. Mabusth noted that the Amendment would be brought before the Council at their May 22nd meeting. Kelley questioned whether the applicant had been informed of the Ordinance Amendment. Mabusth indicated that her memo, a copy of which was sent to the applicants, contained that information. Mrs. Larson said that she was not aware of the what the Amendment entailed. She asked how the Amendment would affect their application? Mabusth replied that if approved, the Larsons would not need a variance. Mrs. Larson questioned whether a moratorium had in fact been placed on accessory structures, and if so, did it pertain to accessory structures in general or just oversized structures? Mabusth replied that it pertained to accessory struct 4res in general and that she did not know if the City legally had a moratorium until the Council passed an ordinance. Kelley interjected that if the Larsons forced the issue and requested the Planning Commission to act on their application, he would deny it. He asked Mrs. Larson if she preferred to have the Planning Commission table the application or vote to recommend approval or denial. Mrs. Larson replied that they could table the application. 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 table application #1400. Motion, Ayes«6, NaysaO, Motion passed. MIHUTBS OF THE PLANNING COMMISSION MEETING MAY 15, 1989 #1402 JOHN LBHMEYBR 320 CRBSTVIEN AVENUE VARIANCE PUBLIC HEARING 9:15 P.M. TO 9:20 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr, Lehmeyer was present for this matter. Assistant Planning and Zoning Administrator Gaffron explained ti.at the Lehmeyers previously had a ^eck located as currently proposed. The City required the Lehmeyers to remove the deck some years ago when a pool was built next to it, to avoid any potential safety problems and meet the 10' setback requirement. The applicant has since removed the pool and would now like to replace the deck. In order to re-build the deck, the applicant will require a 22' rear setback variance in addition to a structure-to-structure variance. Chairman Kelley questioned how far the garage was from the lot line. Gaffron replied that it was 15' to 20' from the lot line. Planning Commissioner Bellows indicated that her only concern with this request pertained to fire safety. Gaffron suggested that providinq a firewall in the garage could be a condition of approval. Bellows questioned whether there was a way to locate the stairs so they would meet the 10' setback? Gaffron replied that was not possible because there was only a 12' separation between the corner of the house and the garage. 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 Hanson, to recommend approval of the rear setback variance, conditioned upon a firewall being constructed in the garage and that the portion of the deck within 10' of the garage remain open above and below the deck platform. Motion, Ayes=6, Nays=0, Motion passed. #1403 RICHARD ANDERSON, 3205 CRYSTAL BAY ROAD TIMOTHY SCHUPP, 3215 CRYSTAL BAY ROAD, C.W. WOLFE, 3255 CRYSTAL BAY ROAD, LEROY ERGBR, 3265 CRYSTAL BAY ROAD CONDITIONAL USB PERMIT PUBLIC HEARING 7:10 P.M. TO 7:15 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted (Planning Commissioner Bellows arrived at this time). Mr. Timothy Schupp and Ms. Jean Wolfe were present for this matter. Zoning Administrator Mabusth reported that the City Engineer had approved Schupp's proposal, and was recommending that both MINUTES OF THE PLANNING COMMISSION MEETING MAY 15, 1989 ZONING FILE #1403-CRYSTAL BAY ROAD CONTINUED the Erger and Wolfe properties be limited to 3' of exposed wall. He requested that the Wolfe's construct their access stairway to resemble Erger's. Chairman Kelley questioned whether the applicants had received the City Engineer's recommendations? Mabusth advised that the staff recommendations never were sent to the applicatns prior to this meeting. The City Engineer wanted to proceed with the restoration of Crystal Bay Road and then have the property owners submit more finite plans. Restoration of the private property cannot begin until the City completes the restoration of the roadway. Kelley asked why this application was being brought before the Planning Commission at this time? Mabusth replied that the City Engineer was providing the Planning Commission with the opportunity to see how the restoration would occur. She said that the City Engineer had conceptually approved the proposals and felt there was no need to delay the application. Mrs. Wolfe said that she did not have any objections to the City Engineer's recommendations, but wanted the opportunity to discuss the length of the stairs. It was moved by Chairman Kelley, seconded by Planning Commissioner Moos, to recommend approval of the Conditional Use Permit/Variance requested for application #1403. Planning Commissioner Hanson questioned whether at this time it was feasible or realistic to establish a 3’ limitation, but rather to wait until wall is installed and final restoration of private property commences. These applicants should be provided with the same consideration used for other storm damaged properties. Motion, Ayes=6, Nays=0, Motion passed. #1404 JOHN MIKLETHUN & HAROLD HAUG 1385 CHERRY PLACE VARIANCES PUBLIC HEARING 9:20 P.M. TO 9:23 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicant was present for this public hearing. Assistant Planning and Zoning Administrator Gaffron informed the Planning Commission that this was a request for a lot area variance. The property is approximately half an acre and is located in the one acre zoning district. Municipal sewer is available and at one time there was a house on the property but it was removed a few years ago. There is an existing well that will be used once the new residence is constructed. Adjacent to the well is a well pit that must be filled. The applicant is proposing to construct a fairly large home with a driveway off of Cherry Place. Hardcover will only be 16% where 30% is allowed. This is a corner lot requiring 35' setbacks from Cherry Place and Spruce Place, and 10' setbacks from the west and north lot lines. The proposed house meets all these setbacks. MINUTES OP THE PLANNING COMMISSION MEBTIliG MAY 15, 1989 ZONING FILE #1404-MIKLETHUN/BAUG CONTINUED Chairman Kelley questioned whether the lot area was consistent for the neighborhood. Gaffron repliedthat it was. 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 recommend approval of the lot area variance, per staff recommendation. The hardship in this application is that the sewer was previously assessed and a house previously existed on this property, and that the lot area is consistent with neighboring properties. Motion, Ayes=6, Nays*0, Motion passed. #1408 SMITH BAY MARINA 1955 SHORELINE DRIVE RENEWAL VARIANCES PUBLIC HEARING 9:25 P.M. TO 9:35 P.M. The Affidavit of Prblication and Certific te of Mailing were duly noted. Mr. Toberman was present for this public hearing. Zoning Administrator Mabusth reviewed all of the variances required even though the applicant's proposal involved a less intense use of the property. The lakeshore setback for the existing principal structure is currently 9' and the applicant is proposing 50'. The lakeshore setback for a deck structure connecting to an existing dock is proposed at O' and the current dock is O'. A side setback to the residential used property is currently 14' and the proposed structure is at 40'. The street setback for the principal structure will not require a variance. There will be a decrease in hardcover in the 0-75 setback area from 73.6% to 63.4%. Hardcover in the ‘^5-250' setback area will not change. A 1.3 acre lot area vari nee will be required, as will a 20' setback variance for parking from street lot line. The parking requirement is 6 stalls per 10 slips. The applicant's proposal for 79 slips requires 48 parking stalls, the request is for 42. Chairman Kelley asked whether the LMCD had approved the request for 79 slips. Mabusth replied that Smith Bay Marina had been approved for 79 slips last year and that number had not changed with this year's application. Kelley noted that if the applicant w»s required to have 48 parking stalls, the hardcover percentages would increase. Mabusth commented that this Marina was allowed to use the Municipal parking lot for overflow parking, Zoning Administrator Mabusth said that the applicanv was also seeking approval of a 32' setback variance from lakeshore for an accessory structure. This variance would apply to the proposed fence along Shoreline Drive. Chairman Kelley asked about the applicant's proposal for MINUTES OP THE PLANNING COMMISSION MEETING MAY 15, 1989 ZONING PILE #1408-SMITH BAY MARINA CONTINUED signage and landscaping. Mabusth replied that the proposal was included in the Planning Commission packets. She added that there would be no plantings in the 10’ buffer area due to sight distance problems it may create. She suggested t.hat the applicant provide an updated plan showing the exact lo::ation of the seawall and the proposed landscaping. Chairman Kelley inquired as to the curb cuts off of County Road 15. Mabusth said that only two would remain and added that the entire parking area would be blacktopped. Planning Commissioner Bellows expressed her desire to see an updated site plan. The applicant replied that they would work with the City to achieve satisfactory landscaping results. He further stated that he would prefer to keep any plantings from the edge of Shoreline Drive. Chairman Kelley que<sticned whether allowing parking in the municipal lot would not create a pedestrian safety problem. M’. Toberman replied that there :;hould not be any overflow from the main parking lot. Council Representative Callahan, suggested that the aspect of municipaj. parking should not in any way be tied into this application. There were no comments from the public regarding this matter and the public hearing was closed. Planning Commissioner Bellows indicated that she was in favor of the improvements proposed for this property. She was concerned about the status of site plan. Mabusth replied that a planting schedule would be tied into the landscaping plan. It was moved by Chairman Kelley, seconded by Planning Commissioner Bellows, to recommend approval as follows: 1. Approval of the lakeshore setback variance of 25'? 2. approval of the deck structure connection to existing dock variance of 75’? 3. approval of the principal structure side setback to a residential use variance of 10'; 4. approval of the hardcover reduction within 0-75' setback area to 63.4% and no change in the 75-250’ setback area? 5. approval of a lot area variance of 1.3 acres; 6. approval of side setback variance for parking from street lot line of 20'? 7. approval of a parking stall variance of 6 stalls? and 8. approval of setback variance from lakeshore for MINUTES OF THE PLANNING COMMISSION MEETING MAY 15, 1989 ZONING FILE #1408-SMITH BAY MARINA CONTINUED accessory structure of 32'. Approval is conditioned upon a planting schedule with specific planting identification being presented to the City Council. Mabusth asked the applicant about the existence of an underground gas tank and asked the applicant to provide the City with such information. Kelley added that provision to his motion. Bellows seconded. Kelley added that the City should be very strict when dealing with gas tanks being placed near the lakeshore. Motion, Ayes=5, Nays=0, Cohen abstained. Motion passed. #1409 JANN ft RENEE OLSTEN 3090 FARVIEN LAME CONDITIONAL USE PERMIT PUBLIC HEARING 9:42 P.M. TO 9:45 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicant was present for this public hearing, as was the applicant's contractor, Mr. Brian Butterfield. Zoning Administrator Mabusth explained that the land alteration conditional use permit was required because the work is being done after the issuance of the building permit. Mabusth asked the contractor whether the excavated dirt would be distributed and seeded? Mr. Butterfield replied that there -ould be approximately 200 yards that would be distributed on site and seeded. Mabusth asked how many yards of fill would be required to achieve the 4" to 6" indicated on the landscaping plan? Mr. Butterfield said approximately 200 cubic yards would be used to grade on the *^orth side of the driveway and around the septic system. Mabusti. reminded Mr. Butterfield to use special care with filling in oraiiifield area. Gaffron noted that he had advised owners to fill around the drainfield. Mr. Butterfield said that he had tracks on his bob cat. There were no comments from the public regarding this matter and the public hearing was closed. %■ It was moved by Ch^rman Kelley, seconded by Planning Commissioner Cohen, to recommend approval of this application. Motion, Ayes=6, Nays=0, Motion passed. #1410 JULIE PRINEAS 1980 HERITAGE DRIVE VARIANCES PUBLIC HEARING 9:47 P.M. TO 10:10 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. and Mrs. Prineas were present for this matter. Assistant Planning and Zoning Administrator Gaffron MINUTES OF THE PLANNING COMMISSION MEETING MAY 15, 1989 ZONING PILE #1410-PRINBAS CONTINUED explained that the applicants were seeking a lot width variance. The standard for the LR-IA, 2 acre zoning district is 200' and the defined width of this lot at the 50' setback fr^m County Road 15 is only 30'. The applicants will require - '’variance. Gaffron said that the applicants were required e septic resting to snow where the house and drainfielu will be. The site evaluator initially proposed to place tv.v^ cirainfield sites west of the house where the lot has the most width. However, during the testing, it was determined that there would be room for only one system at that site and additional testing would be needed to find a suitable second alternate site. Gaffron said that the building envelope would be very limited when taking the drainfield sites and setbacks into consideration. Staff is recommending that the building limitations be eased by having a minor subdivision done to add a triangle of the applicants' adjacent property. The lot line rearrangement would increase the building envelope by 80%. The applicants' lot containing their residence has a separate tax identification number and is in excess of 2 acres. The lot line rearrange tent would not create any substandard setbacks for the existing principal Structure- Chairman Kelley questioned whether this lot had riparian rights? Gaffron replied that the applicants would give up their riparian access to the exi.sting house. Chairman Kelley asked the Prineases if they would object to including the triange of the property with the new lot? Mr. Keith Nelson, Mr. and Mrs. Prineas' Attorney, said that Mr. and Mrs. Prineas preferred to proceed with the lot width variance as proposed. He said that the parcel has always existed as is. Secondly, the Prineas's homestead parcel is a bit over 3 acres and any now owner would not require a variance to board a horse. Mr. Nelson said that placing a house further back on the new lot would detract from the existing views of any adjacent property. Kelley said that the Planning Commission was only trying to provide the applicants with an option that would create a sufficient building envelope. He said that the City would not likely approve a variance for constructing a residence on the new lot. Gaffron noted that the designated wetland would take away from the lou area for most zoning purposes and would possibly take away from the zoning requirement for horses. Assistant Planning and Zoning Administrator Gaffron said that the access for this lot is proposed off of County Road 15. The applicants have received approval from Hennepin County for this access. Mr. and Mrs. Robert Stierna, of 1930 Shoreline Drive, indicated that they were concerned about the access. He said that he had a proposed agreement from the previous owners of the applicants* property. The agreement would extinguish an easement that exists along the back 20' of the lot. Mr. Stierna said that the easement extended from the railrod to Arbor Street and runs mmi i imnnns of tbb puunnaG commissi(» wnt iwB'aMi iy' #• SP pf?v »i:"; I*-V. m ' f ■' mXM PILE #1410~PRII1BAS COHTIMUBD Across their pr ?perty as well. Ms. Carol Lagu< real estate agent, provided a brief histc •SSeaent. She said that once Heritage Drive there was no longer a need for the easement. ai^Iicatits* parcel was designed to access off __ _____ She Said *\t if the easement were used# the access wouid be o 450* in Aw..gth. 3? «rasast;- Planning Commissioner Bellows said that she would prefer to see the access occur somewhere other than County Road 15. Ms. Laquey asked if the City would be willing to maintain Railroad Avenue. Bellows replied that this would be no different than any other subdivision and that an outlet designation would be required. Kelley pointed out that the applicants were not subdividing. Bellows commented that in any event, accessing off of County Road 15 was a bad idea. Caffron said that accessing in another location may interfere with the septic sites. Planning Commissioner Brown questioned whether it would be possible to share a driveway with the Stearns? The Stiernas indicated that they would be in favor of such a proposal. It was moved by Chairman Kelley, seconded by Planning Cominissioner Cohen, to recommend approval of this application provided that there be no additional accajs off of County Road 15. Mr. Nelson disagreed with such a proposal saying that it made the application contingent upon the neighbors' approval. Motion, Ayes*®5, Nays=0, Hanson abstained. (Plannincr Commissioner Hanson departed at this time). REVIEW OF REVISED WORDING - ZONING CODE AMENDMENTS Planning Commissioner Cohen ques^icned the wording of sections of thess amendments for the sake of claxity. In Section 1(c)(2), the heading should be revised to read "Oversized accessory structurej are regulated by the following tables " (Planning Commissioner Bellows departed at this time.) Section 1(c)(3)(c) should clarify that the covenants and agreement be "in writing ” Also, sentence structure with no change in meaning was changed in Section l(c)(3)'c)i and iii . Section l(cM4) was revised to refer to any required yard as defined for each zoning district , to clarify the intent and meaning . Section 2 was revised by changing the sentence structure and adding the words "tota l area", "combined footprint", ai.d principal and accessory structures", clarify the intents’” and meanings of these phrases. It was moved by Chairnian Kelley,by Planning MINUTES OP THE PLANNING COMMISSION MEETING MAY 15, 1989 ZONING AMENDMENT REVISIONS CONTINUED Commissioner Cohen, to recommend approval of the Zoning Code Amendments as corrected. Motion, Ayes=*4.- Nay5:=*0, Motion passed. PLANNING COMMISSION APPROVAL OF APRIL 17, 1989 MINUTES It was moved by Chairman Kelley, seconded by Planning Commissioner Moos, to approve the Minutes of the Planning Commission Meeting of April 17, 1989. Motion, Ayes=4, Nays»0, Motion passed. PLANNING COMMISSION REPRESENTATIVE It was agreed that Planning Commission member, Sarah Moos, would represent the Planning Commission at the June 12, 1989 City Council Meeting. ADJOURNMENT The May 15, 1989, Planning Commission Meeting adjourned at 10:20 p.m. LAKE MINNETONKA CONSERVATION DISTRICT MEETING NOTICE ADVISORY COMMITTEE ,-----------—-t iiUii ^ •'JUW-5-S9 I'lll 1!V • 7i00 p.m., Wednesday, June 14, 1989 Tonka Bay City Hall Detailed agenda and attachments will follow Please RSVP yt lane ^egrets only Thank you! 6-2-89 LAKE MINNETONKA CONSERVATION DISTRICT ADVISORY COMMITTEE Minutes 7:30 pm. Wed., May 10, 1989, Torka Bay Villacje Hall Present: LMCD Directors Tom Reese. Chair; Jan Boswinkel, Minnetonka Beach; Jim Grathwol, Excelsior; Tom Martinson, Wayiata; Bob Rascop, Shorewood; Norm Paurus, former LMCD Chair; Tim Marr, Suburban Hennepin Parks Dist­ rict; Nels Nelson, Barr Engineering; Frank Mixa, Consultant; Dave Arndorfer, Arndorfer Associates; Gene Strommen, Executive Director; MINUTES REVIEW. The meeting minutes of A/12/89 were corrected per the report given by Grathwol, noting that the violation tags were issued in HENNEPIN COUNTY of which 30,000 were issued by the Water Patrol, the balance of the 650,000 being for all other county violations, other than boating. Minnesota violation counts were not a part of this report. Lt. Peterson was asked to re-verify his state­ ment that 80Z of Water Patrol tags issued in 1988 were to laxe residents between the ages of 18 to 26 years. It was thought this migh; refer to a specific type of violation rather than among all violations combined. Tim Marr, Hennepin Parks, was also noted to be present at the A/12/89 meeting. There being no further additions or corrections, the minutes were accepted as presented. PROJECT SCHEDULE, PROGRESS REPORT. Arndorfer reviewed the schedule of accomplish­ ments as summarized through May 9, 1989. Billing was reported as follows: Recreational Use Monitoring (winter program report) $ 3,764 Natural Environment Study (Wetlands Subcommittee paper) A,790 SlibrelahdiManagement (aesthetics working paper. Upland Environmental Protection and Onshore Working papers) 2,883 Stakeholders Studies (Intergovernmental Working paper) 595 Lake Access Study (research exploration with outdoor recreation specialist.?, materials prep for sub-comm.) 1,725 TOTAL AMOUNT BILLED THRU 5/9/89 $13,757 Grathwol moved, Boswinkel seconded that the committee recommend payment approval to the LMCD Board. The motion carried. SUBCOMMITTEE MEETING SCHEDULE FOR JUNE. Onshore Facilities Lake Use Advisory Committee Lake Access Intergovernmental Upland Protection Water Quality Thurs II Wed. Thurs To be The following were confirmed: , 6/8, site to be confirmed, 9:00 am 5/8, Tonka Bay City Hall 7:00 b/lA, " " " " 7:00 6/lA, " " '* " 7:00 arranged for June (working papers pm pm pm in preparation) II II WETLANDS MANAGEMENT FLAN. Arndorfer pointed out in his introdttetory overview that LMCD does not have explicit authority over wetlands. It has some policies, ac petitioned for wetland impri em^nts, but is not a CENTRAL REGULATORY PLAYER A the management of wetlanos. If it desires to expand its positlc”. it must determine with the other regulatory agencies (DNR, MCWD, Corps of i neers) how it would involve xtself. It could also encourage communities to h; higher standards for wetland protection. Greenwood and Excelsior were noted as cities which do not have wetland ordinances. Proulems discussed b.^ought out the following: * The MCWD and MN DNR have the major role in enforcement for the permits they issue and following up on them. (MCWD is moving to improve their position by licensing contractors who dredge per a proposal under review.) LMCD Advisory Commitcee, Minutes, 5/10/89, P. 2 Problems (continued): * Dredging for lake access is supported by common law permitting dredging for navigational rights of riparian property owners. A suggestion for getting a legal opinion on "navigational rights" was deemed not practical considering the far-reaching history which would likely be involved in arriving at a definition. The U S Army Corps of Engineers was thought to be a possibility to assist with their definition. * The immediate need appears to be that of having a technical specialist available t^' the responsible governmental units ^— MN DNR, MCWD and LMCD — to inspect dredging projects on a cooperative arrangement among these agencies. * An appropriate LMCD outcome to the Wetland Management study would be that of adopting a declaration to get active in assuring wetland dredging controls are enforced. Nelson made note of suggested changes to the draft of the Wetland Management Plan as presented to the Advisory Committee, the 20 page draft to be revised and re-submitted upon incorporating the suggested changes. NEXT MEETING. Wednesday, June 14 at 7:00 pm. Tonka Bay City Hall, with the On-shore Related Facilities draft to be discussed. The meeting was adjourned at 9:10 pm. Executive Director * KW' -'-jM REPORT TO THE May, 1? mm I^^Hvairoar,:. llW recreational faclliti ».-■ • A^cdty Conni11ee attendees. iliaA^!i#iSiqMnoii/a. d «b mohiioring complat The data are being analyzed for an Interim report to '"1 Committee. Plans for summer 1989 surveys are under review.^^.^e will be aerial counts of boats because of the ' m iRKi i^O counting the boats so that we will have record of low voter ,Tv„ ■m .’"l^^^eWmlnary FUheriee Management Plan has been sent to the printer and willi C, vlthln the next two weeks. The Preliminary Wetlands Managemont'i;^;-] the Advisory Committee at the May 10th meeting, begin in June. - ^ / v:_.: ^ ■ Water "4a . c sAFtn Preliminary Public Safety Plan Is being re-written the Advisory Committee, Orono and DNR enforcement. iii^ ■ ■■•;;■, to Incorporate comments Sipi|l^Dv MANAGEMENT regulation has been approved by the Advisory Conunittee. It is being Pf for printing and distribation. Onshore Related Facilities will have its last meeting In June. Upland Environmental 44 vftCOtection has been largely covered by ocher subconuni ctees, hut it will have ,one meeting in June to address the remaining issues. &■: ■ STAKEHOLDERS STUDIES Intergovernmental Relations Subcommittee beg: addresses how the various agencies active on W‘- l^etings begin, it would serve the LMCD well possible attend the meetings ns meeting in June. This topic the lake Interrelate. Wlien the to have as many directors as 4:':LAKE ACCESS STUDY ^4 Both the Lake Access and Lake Use Subcommlttoe.*? are .active. The access to th*^ / /lake for boating is being reviewed to determine the level of management [44^ / ' j'jlasired. Lake use is being reviewed to find methods to reduce user conflicts lake and to assure continued traditional uses. ^14 PLAN DEVELOPMENT Mo vpr^ i® scheduled in this aie.i .mcil luCor in the project mm.4'.IP MANAGEMENT PLAN STATUS NATURAL ENVIRONMENT STUDY Fisheries Wetlands Water Quality PUBLIC SAFETY SHORELAND MANAGEMENT Shoreland Regulation Onshore Facilities Upland Protection STAKEHOLDERS STUDIES Intergovernmental Institutional Funding LAKE ACCESS STUDY Lake Use Lake Access Subcommittee Complete Complete Begins in June Complete Complete One remaining meeting Begins and ends in June Begins in June Begins in July Begins in October Continue through August Continue through September Preliminary Plan At printer Final revision Final revision Final revision To Ad Comm in June To Ad Comm in July 30-Day Meeting Schedule Onshore Facilities Lake Use Advisory Committee Lake Access Intergovernmental Upland Protection Water Quality June 8, 9:00 am, site to be arranged June 8, 7:00 pm Tonka Bay City Hall June 14, 7:00 pm Tonka Bay City Hall June 15, 7:00 pm Tonka Bay City Hall To be arranged in June To be arranged in June To be arranged in June LAKE MINNETONKA CONSERVATION DISTRICT 473-7033 L.M.C.D. MEETING SCHEDULE June 1989 . " Thursday 6- 8-89 Onshore Facilities Subcommittee of Advisory Conmlttee 9:00 a.m.» site to be announced Lake Use Subcommittee of Advisory Committee 7:00 p.m., Tonka Bay Village Hall Saturday 6-10-89 Water Structures & Environment Committee 7:30 a.m.» LMCD Office, Wayzata Lake Inspection - Water Structures and Lake Use Committees 8:15 a.m., Wayzata depot docks Wednesday 6-14-89 Advisory Committee 7:00 p.m., Tonka Bay Village Hall Thursday 6-15-89 Lake Access Subcommittee of Advisory Committee 7;00 p.m., Tonka Bay Village Hall Friday 6-.’6-89 Eurasian Water Milfoil Task Force 8:30 a.m., Sasha's/Minnetonka Boat Works, Wayzata Monday 6-19-89 La'.e Use Committee 4:10 p.m., LMCD Office, Wayzata Wednesday 6-28-89 Public Hearing: Cardinal Cove Homeowners Association New Dock License 7:00 p.m., Tonka Bay Village Hall Regular Meeting, Board of Directors 7:30 p.m., Tonka Bay Village Hall To be announced Upland Environmental Protection Subcommittee of Advisory Committee Water Quality Subcommittee of Advisory Committe Intergovernmental Subcommittee of Advisory Committee 6-2-89 May 1989 Sat Sun Sat Sun Thu Sat Sat Sun Thu Fri Sat Sun 6 7 13 14 18 20 20-21 21 25 26 27 28 Mon 29 June 1989 LAKE MINNETONKA CONSERVATION DISTRICT 473-7033 EVENTS SCHEDULE May through June 1989 Consolidated races: II tt lower lake 10:30 am, upper lake Water Club West Marine: Consolidated races: 9:30 am, lower lake 1:30 pm, 9:30 am, 9:30 am, 1:30 pm, 3:30 pm 2:0u pm, upper lake. 9:30 am, 1:30 pm, lower lake; 6:15 pro, lower lake 10:00 am, 9:30 am, 2:00 pm, lower lake 2:00 pm, upper lake Boat show at Sunsets 10:00 am, 1:30 pm, lower lake; 2:00 pm, upper lake 6:15 pm, lower lake 6:00 pm, lower lake 10:0C am, 10:00, 2:00 pm 10:00 am, 1:30 pm, lower » lower; 2:00 pa, upper lake; 10:30 am, upper MN-WI Pro-am Bass Tourney 6:30-2:30 Maxwell Bay Marina Consolidated races:10:00 am, lower lake, 10:30 am, upper lake Thu 1 Fri 2 Sat 3 Sun 4 Mon Wed Thu Fri Sat Sun Mon Wed Sun Mon Wed Thu Fri Sat Sun Mon Wed 5 7 8 9 10 11 12 14 Thu 15 Fri 16 Sa' 19 21 22 23 ^4 25 26 28 Conrolidated races: Minnetonka Bass Club Minnetonka Crossing Consolidated races: 6:15 pm, lower lake 6:00 pm, lower lake 10 am, 12:30, 2:00 pm, lower lake, 2:00 upper lake 10 am, 1:30 pm, lower lake; 10:30 upper lake American Scholarship Foundation Bass Tournament Consolidated races: • I M Mound City Days Consolidated races: M II 6:30 pm, lower lake 6:00 pm, 6:15 pm, 6 pm, lower lake, 6:30 pm, upper lake 10 am, 12:30, 2:00 pm, lower lake; 2:00 pm upper 10 am, 1:30, 5:00 pm, lower lake: 10:30 am upper lower lak? lower lake II II 6:30 pm, upper lake lower lake; 2:00 upper lake Tnu 29 Fri 30 6;30 pm, 6:00 pm, Wednesday Night Bass Tournaments Consolidated races: 6:15 pm, " " 6:00 pm, " •' 10 am,* 12:30, 2:00 pm, Westonka I'lDA Assoc. ^ Consolidated races; 10 am, 1:30 pm, lower lake; 10:30 am, upper lake •’ '' 6:30 pm, lower lake " ** 6 pm, lower lake; 6:30 pm, upper lake Wednesday Night Bass Tournaments Consolidated races: 6:15 pm, lower lake " " 6:00 pm, lower lake " *' 10 am, 2:00 pm, lower lake; 2:00 pm, upper lake " " 10 am, 1:30 pm, ” " ; 10:30 am, upper lake ” " 6:30 pm, lower lake *' " 6 pm, lower lake; 6:3U pm upper lake Wednesday Bass Tournaments Consolidated races: 6:15 pm, lower lake '* " 6:00 pm, luwer lake MUIMNEHAHA CREEK WATERSHED DISTRICT P.O. Sox 387, Wayzata, Minnesota 55391 MMH WMimBW: Camit 0. Andra. • AlL«t L Litanan • John E. Thomas JanwiflSiNnsity • WdunI a MMar • Robort 0. i^tickson • C. Wbodrow Lom UU ■INMCTOW May 31, 1989 TO: REt Intarested Citizena 1988 Annual Report Dear Sir or Madaa: Enclosed is a copy of the Annual Report of the Minnehaha Creek Watershed District for 1988. Should you have any questions regarding the District*a activities, please feel free to contact any member of the Board of Managers. Very truly yours. Minnehaha Creek Watershed District ZRSVei5(3) MINNER^HA CREEK WATERSHED DTSTRTrT ANNUAL REPORT FOR 1988 May, 1989 rf: i- % m- -■:-i :tM. 'Yftlif-- |C” i'v .h' fif' b H This Annual Report of the Minriehaha Creek Watershed District provides a summary of the major activities ot the Board of Managers during 1988. Any person wlsliing addit tonal information is encouraged to cont^ict any individual manager. THg-IIMIAfiERS AWD HEETIHG INFORMATION As of December 1988, the Managers of the Minnehaha Cr#®k ^ Watershed District were as follows: Camille D. Andre 10401 Cedar Lake Road Apartment 419 Minnetonka, MN 55343 Tern iBfif March t, I Robert Erickson 2800 McKenzie Pt. Road Wayzata, MN 55391 Albert L. Lehman 3604 West Su-rise Drive Minnetonka, .-IN 55345 T«ni lifii Nateli $, 1 ■. -.fri Tarali^ Narok •• I RIk-:- C. Woodrow Love P. O. Box 524 Excelsior, MN 55331 Richard R. Miller 5340 Hollywood Road Edina, MN 55436 James R. Spensley 5117 Chicago Avenue Minneapolis, MN 55417 sarsif Tana BsylMiMarch I. um "'■.T-Sfc'S piSM John E. Thomas 6326 Smithtown Road Excelsior, MM 55331 March Term ttapit^g March •« The present officers are: James R. Spensley C. Woodrow Love John E. Thomas Albert L. Lehman President Vice President Secretary Treasurer During 1988, twelve regular meetings were held by the Managers on the third Thursday of every vtantn at 7:30 p.m. In order to make the meetings of the Managers more accessible to ill residents of the District, the Managers meet in odd-numbered months at the St. Louis Park City Hall, and in even-numbered months at the Wayzata City Hall. -I-.---I The Managers exchanged information with other gove units affected by the programs and policies of the Distr honored requests to attend meetings of municipal, county ife.-.;,; ■.ms. ^-1 mis-mm Isstseed the Olitrlc•isee. ' PM receiirli? eiippect ^ em jl^iryf^aCi^hty Boacde.of , Co^: The Managers continvied organizations concerned with Miller served on the Eurasibi BoStd Of Managers hear ; a rej the take Ilieiietonka Conserve weiHi. Manager tehiaan and th< ^echnicai Coiyiroittec of the H< 4a^tlog uniform erosion cont Iflirticipated in the activiti ^ the ^Minnesota Association ration of the annua 1 s«f ' '^.■y fT ■:: j^hhsoclatioh. tisld Pecsmbet 2 • The Managers supplied -- - - -- - - - - - ... - - - - reports to interested citizens and to public officials throughout^;; the District* Copies of the 1987 report were filed with the Minnesoca Water Resources Board# the Department of Natural Resources# the Boards of county Commissioners of Hennepin and lA/ ■ ,nv Carver Counties# and with State Senators and Representatives from the area within the District. MMIIT APPLICATXQHS 9k 'W 111 ■V-' 1; The District recei ed 167 permit applications during 1988. ^ach application was reviewed :n detail for compliance with the District*s rules. Applications were received for projects such as dredging» shoreline erosion protection, stream and lake crossings# wetland and floodplain alteration, and stormwater management plans for site development. Prior to action on the applications, the District staff spent considerable effort with city staff and/or applicants to bring some of the proposed projects into District rules. A summary of the permits reviewed by the Boar i i ' 1988 is attacned to this report, showing the project locdtion anu typ^v ■''f application received. As in previous years, a large majoiity of the applications received were from the Lake Minnetonka portion of the watershed district, reflecting the continuing urbanization of this area of the District. All permits issued by the District require compliance wi? applicable municipal ordinances and, if the permit involves docking on Lake Minnetonka, the applicable ordinances of the L ... Minnetonka <Jon.servation District. In addition, permits issued oy „ 2 the watershed district require compliance with any applicable rules of the Minnesota Department of Natural Resources. The Board of Managers also took action as necessary concerning complaints, permit violations, and activities which had been undertaker without a required permit from the District. HYDROLOGIC DATA COr.T.KCTTQll The District continued its Hydrologic Data Collection Program during 1988. The data for 1987 \^ere published in the Annual Hydrologic Data Report in July 1938. This is a comprehensive program, which, along with data from other agencies, has formed a long-term data bank for use in managing the water resources of the District, particularly Lake Minnetonka and the Minn apolis city lakes. Copies of this report were submitted to the Minnesota Board of Water and Soil Resources, the Metropolitan Council, the Minnesota Pollution Control Agency, the Department of Natural Resources, the Fresh Water Biological Institute, and local government officials, citizens* groups, and interested citizens. No major changes in water quality occurred during 1987 in Lake Minnetonka, and stream quality in the District also remained essentially unchanged from the prior year mhmshTms pah ahd cphtbql. MIHMETOWKA ELEVATIOHS/MIHNI RE fGRAY’S BAYl AMD LAKg HAHA CRECT 1 During 1988, the District operated the Headwaters Control Structure at Gray's Bay i. r the management policy and operational plan as reapproved by the Department of Natural Resources in March 1986. At the end of 1988, the District submitted an application to the Department of Natural Resources to renew the permit for the control structure. The District also solicited comments on the application from cities, counties, and other interested agencies or parties. The Lake Minnetonka Conservation District submitted a coiTuaent in December 1988, asking the District to develop a fragment barrier device for the outlet of the control structure in order to prevent the dissemination of the Eurasian Water Milfoil. The Board of Managers directed the District Engineer to study and develop a proposal for such a device for the outlet. Due to exceptionally low precipitation during 1988, and abnormally dry conditions throughout the summer, the level of Lake Minnetonka remained low and the control structure r “iined closed throughout the year. Lake Minnetonka reached a ,;.w elevatio' ■ 926.00 on November 3, and a high elevation of 928.20 April Due to the low lake level (below the established uicCharge .evation of 928.6), no discharge from the Headwaters Coni >1 Structure occurred. The Managers continued to rely heavily upon participation of each of the municipalities on Minnehaha Creek in recording creek elevations and fiows and reporting that data to the -3- District. The District prepared monthly summaries of this data during the open water season and made the summaries available to interested municipalities and citizens. The assistance of each of the municipalities is invaluable to the District in making the necessary operational adjustments to accomplish the management objectives of the Headwaters Control Structure. PLAmUHG: CHAPTER 509 The District solicited and received comments from municipalities concerning its draft of the Chapter 509 Surface Water Management Plan in January and February 1988. The District also held several meetings with representatives of Hennepin County to develop an agreement with the County concerning the financing of the Capital Improvement Program in the District’s 509 plan. At the end of December 1988, the District was awaiting f*--' approval of the 509 plan, including the financing d. jment, from the Hennepin County Board of Commissioners. ST. LQOIS PARK BETI.I.Y TAB BRMRDTAT. AfTTIOM PIAH p.n^.wing a series of meetings in late 1987 between Manager Spor i representatives from the U.S. Environmental Pro A^gency, the Minnesota Pollution Control Agency, the Minr. epartment of Natural Resources, and the City St. Louis concerning the Reilly Tar Remedial Action Pie the Districc .esolved in January 1988 to recommend the dischoj.ge from the Plan’s gradient control wells into the City of Minneapolis chain of lakes. The Board of Managers recommended this alternative based upon the understanding that the underv»ater outlet into the Minneapolis chain of lakes v^ould be subjected to a testing regimen sufficient to assure the public that the discharged water is safe. The Board understood that the proposed discharge from these gradient control wells would meet drinking water standards and is many times cleaner than stormwater run-off. The Minneapolis Park Board engaged an independent consultant to address citizen concerns about the level of polyaromatic hydrocarbons in the discharge from the gradient control wells. At the end of 1988, the Minneapolis Park Board was still considerirg these questions. STCIDY TO REVISK THF nTS’TRlCT’R Following a report from the District Engineer concerning probleros in ©rforcement of ».itie District’s dredging rule, the Board of Manangers formed a committee in September 1988 to study the District’s rules and to consider any appropriate amendments. The Rules "ommittee met on several occasions in 1988, and began to devel uraft amendments to the dredging rule and to consider a proposal to license dredoing contractors operating within the District. These proposals v*ere still under consideration at the end of 1988. -4- REAUTHORI2ATIOH OF DISTRICT POLICY COWrKPMTIIG DllKnflTIIG PERMITS The Board of Managers noted the extensive requests for dredging permits and the low level of Lake Minnetonka during the summer of 1988. On July 21, 1988, the Board re-authorized a resolution previously adopted on June 18, 1987, to permit dredging in limited circumstances without prior Board approval. Following a review of the issues and procedures concerning dredging permits, the Board authorized the District Engineer from July 21, 1988, to October 1, 1988, to issue dredging permits for commercial and residential properties without prior Board approval if the application meets all applicable criteria of the District’s rules, and in addition, meets all of the following standards: 1. Any required DNR permit or approval has been issued; 2. The purpose of the dredging is to maintain a depth of water necessary for navigational access; 3. The volume of dredged material to be removed does not exceed 10% of the volume removed under the most recent DNR or Minnehaha Creek Watershed District dredging permit issued for the site and the area to be dredged does not exceed 10% of the area most recently dredged under such a permit. The Engineer may allow dredging exceeding these percentages where necessary for reasonable navigational access if such dredging represents the minimal impact solution; and 4. Approvals granted under this resolution shall be reported to the Board of Managers at the next regular meeting following the Engineer's approval. Approvals under this resolution are to be issued only once for a specific site. DISTRICT PI AMD COBCFItllR At the request of the City of Shorewood and the Village of Tonka Bay, the District studied the feasibility of various alternative remedies to a persistent drainage problem at the intersection of Glenn Road and County Road 19. The District Engineer issued a hydrologic analysis in June 1988 which recommended a number of drainage improvements in this subwatershed area. Managers Love, Erickson, and Spensley attended a joint meeting on August 16 of the Tonka Bay and Shorewood city councils to discuss the project. Following this meeting,the District Engineer prepared, at the request of Tonka Bay, a work plan to expand the hydrologic analysis to include the subwatershed which is tributary to the Manitou Park area in Tonka Bay. The drainage improvements in this area were still under consideration at the end of 1988. -5- The City of Minneapolis met with the Board of ?'?anaycrs in November 1988 to review plans for storm sewer and paving projects near the intersection of 42nd Street and Bloomington Avenue, and Sibley Park. The Board acknowledged that a permit would not be required for the first phase of the project, but that one would be required for subsequent phases which include connecting the Sibley Park Pond and a projected 15th Avenue outlet to Minnehaha Creek. Managers Spensley and Miller and the District Engineer met with Minneapolis Public Works staff on several occasions at the end of 1988 to discuss the District's concerns about the feasibility of the proposed operating plan and the need to consider alternative downstream improvements. The Board's monitoring and review of this project will continue in 1989. Manager Spensley attended a meeting on July 27 with representatives of the Minnesota Department of Transportation to discuss the scoping document for the Environmental Impact Statement regarding improvements to I>35W. Manager Spensley expressed concern about the stormwater management and water quality impact of the proposed project, and the proper application of the District's rules. Manager Spensley continued to discuss concerns and alternative solutions through the remainder of 1988 with local government officials and citizens. Monitoring of this project will continue in 1989. The District worked with the Cities of Orono and Long Lake, Hennepin County, and other interested parties to develop a successful application for a Clean Water Partnership Grant with the Minnesota Pollution Control Agency to abate non-point source pollution of Long Lake. 1989 BV As required by law, the Managers held a duly noticed public hearing on September 15, 1988 concerning the proposed budgets for the District's Administrative Fund, Water Maintenance and Repair Fund, and Survey and Data Acquisition Fund. Following the public hearing, the Managers adopted budgets for 1989 for these funds and certified tax levies to Hennepin and Carver counties for collection. FTWAIiCIAL R] The financial scords of the District are kept by a certified public accountant. All financial transactions are recorded in the minutes of the District's meetings. The Treasurer of the District maintained separate records for the following four funds in 1988: (1) The Administrative Fund; (2) The Management Planning Fund; (3) The Water Maintenance and Repair Fund; and (4) The Survey and Data Acquisition Fund. Records for each of these funds include the dates and amounts of all expenditures, the names of individuals receiving payment, and the purposes for which payment is made. -6- The official depository for the District is the Wayzata State Bank, in Wayzata, Minnesota. During 1988, the financial records of the District were audited for the year 1987 and a copy of the audit was filed with the State Auditor for the State of Minnesota in April, 1988. Respectfully submitted. James R. Spensley, President Board of Managers cf the Minnehaha Creek Watershed District ZRSV564 -7- RUDY PERPICH GOVERNOR State of Mtvivesota Office of the Governor ST. PAUL 55155 April 24, 1989 Jo Ellen Hurr 930 Partenwood Road Long Lake, Minnesota Dear Ms. Hurr: 55356 Congratulations I I am delighted to appoint you to the Citizen’s Advisory Committee to the Minnesota Environment and Natural Resources Trust Fund. Your willingness to accept the responsibility of service to the State of Minnesota is much appreciated. I have always believed that Minnesota’s destiny should be shaped by its most creative and experienced citizens, and you can take great personal pride in being eunong this prestigious group. As we approach the decade of the 1990s, many challenges face us. But with confidence and innovation, and by taking what is already the best in Minnesota and making it even better, our state will continue to strengthen and grow as a leader — and as a standard setter — in all areas. I look forward to working with you in the coming months and years to create jobs and a better society for all of our people. My best wishes to you for many rewards in your efforts as a member of the Citizen’s Advisory Committee to the Minnesota Environment and Natural Resources Trust Fund. Sincerely, )Y PE Governor AN EQUAL OPPORTUNITY EMPLOYER STATE OF k DEPARTMENT OF NATURAL RESOURCES 500 LAFAYEHE ROAD. ST. PAUL. MINNESOTA 55155-4037 OFFICE OF THE COMMISSIONER May 16.1989 ^ MINNESOTA. \ 19W /V' DNR INFORMATION (612' 296 6157 n Ms. JoEUen Harr Member, Citizen ’s Advisory Committee Minnesota Future Resources Commission 930 Partenwood Road Long Lake, Minnesota 55356 Dear Ms. H uit: Let me offer my congratulations on your recent appointment to the Minnesota Future Resource Commission, Citizens Advisory Committee. We at DNR, look forward to working closely with you and other members of the MFRC Advisory Committee as the committee begins its important task of guiding legislative planning and budgedng for future natural resource initiatives. As we move into the 1990 ’s, Minnesotans are becoming increasingly concerned about natural re.source issues; issues that affect nearly every aspect of our daily lives. Issues ranging from groundwater contamination to the "greenhouse effect" have stirred public interest and emotions as never before. Recent passage of the Minnesota Environment and Natural Resources Trust Fund (by over a 77% margin) bears witness to this fact, and to the willingness of Minnesotans to assist in resolving environmental issues. DNR public opinion research, likewise, shows growing concern over fish and wildlife habitat, water quality, air and water pollution, and a variety of other natural resource and environmental issues. Your experiences as Chair and Director of the Lake Minnetonka Conservation District, and as a member of the Metro Waste Control Commission, have prepared you well for the formidable challenge that lies ahead. I am confident that the MFRC’s distinguished Citizen ’s Advisory Committee can and will make a difference in helping shape natural resources policy and direction in the years to come. Minnesota is poised at a time of tremendous challenge and opportunity. The Minnesota Future Resources Commission process can help us to deal effectively and responsibly with the many complex and far-ranging natural resource issues facing Minnesota today. The DNR stands ready to assist you in this important task. Again, let me offer my congratulations and best wishes. Yours tnily, «eph N. Alexander, Commissioner AN EQUAL OPPORTUNITY EMPLOYER '■'*41 ' %<» £ Post Offle* Bw il On the mmmmu Mrs. Bill Fox 109S FBriidalB Road Bast Bayxata, m 55391 Rai Davelopmant Limitations - 1095 Fernda'e Road West Dear Mrs. Pox, ■■-■r.v At the Orono Board of Review on May 24 , 1 989, you indicated, as part of your presentation, that you niay someday like to build a new house on the property, but had been told that you are severly limited in what you could do and a new structure would have to be moved back substantially behind the other buildings and it would ruin the view from the property. As you may be aware the City has a 75 foot setback for all new construction of houses on the lakeshore. In addition the City has an average lakeshore setback where any structure should not be built forward of that. Over the past several years there have been a number of houses that have replaced existing structures on a property and generally these have been required to meet both the 75 foot and the average setback, any exceptions to these standards would have required variance approvals from the City. A brief review of your property and those of your neighbors indicates where those limitations would impact the buildability of your property. While it does result in movement behind your existing structure and would limit some of the views that you currently enjoy of the lake. It would not however, totally limit the views that you would have and would probably improve the views of your neighbors along the lake. Any interest in building forward of those lines would require a variance from the City Council in order to undertake such construction. Please feel free to contact members of our Building and Zoning staff to further discuss your property and similar cases that the Council has previously considered. It is hoped that this Information has been helpful to you. Lincerel mL. Mk E. Bernhardson City Administrator Mayor and City Council Jeanne A. Mabusth, Building & Zoning Administrator Michael P. Gaffron, Asst. Planning & Zoning Admin. BUILDING a ZONING - 473*7357 • assessing ADMLMSTRAriON & FINANCF - 4 7J 7 35H PUBLIC V'ORKS 473-7 359 ■■-Trv»'v 'fllsi. ' A -r ?5e? %:k ■ 'ii^. .• li;;. - Sa ie** %h ?ytv.jce •crf^w« . • l:1?r fe|£ ¥\V ;- ■ "Siii JSK rv' ;. «P'& »?ii. *«✓ ;N», rfv ■ IP' ■■ ‘-'1 li fepp; '* It-' !%■ V.’ N .-y' • ''-•* VT ■*. ~^y '-^J -v —vV>y/ .'•> . . ''-'WMAr«c/Tr-«><iafe# W'-^V..-' / J^and Suri/tffy Jm «r svTNiy? : v>mt •Al« lii « . :*r.'. «o-r»c*. J^W3«\^^i9l5 •! a' , o:' - v. »5i* V\i. ,v* -*• .:••> «f r:«ir>^^4gir:^ l£at .. Tf.*v:.-. ny.w;y «r <*»< "«• ir?2, irj^r or' '3^,7 o. .<??*«».~jsa iis S9uV:v9ftta»ji^ oMiw&tn* nf« U» .•■inV'i >J* ■*'V rne>95iiAq or iKLa 5Wif, mvliMUjW i'-' •k, .,- ; l—^llw.aii^ 1-.'^ VTO •n-».-i .n« •.■W.'on r’J*‘.; '•^ >een nsawM «• oxoo;-*, VI Xyyvni r*.:rv»? »9oyviC5.co*^o?^^jywroa^ r^yj-mg 1 “^': d.J. 'Za. Ourvovor ofi<I ro-w • t<»'\ ' t'-i ■. -.'Sv-v vs m ■ '^'y ■p’--. - t I':' . ^\^:--■ ,1. ......I.. ....J.AWM*1W .. ...:v. r-^v; ■ •• May 22. 1989 Mr. andMrs. Charles E. Larson 4285 6th Ave. North Long Lake, Minnesota 55356 File 11400 e RE: Memo from city on planning commission meeting, 5/±5/89 As the above mentioned memo requested this is our answer in writing as to which option we wish to take regarding our application. Since the minutes should reflect that we agreed to the tabling of our application, it is unclear why this is required in writing. So in writing, we are saying that we agree to the tabling of action on File i?1400 while council is adopting an ordinace amendment. I would also like to add for Mr. Kelley and the rest of the planning commission that it is not the action of the planning commission that the "disappointment” was for. Their action was of course the only action that could have been done in this situation. I work for the planning & zoning department of a neighboring city, so am aware of the procedures that such things must go through. I would hope that this amendment could be acted on quickly as this is the building season and I am sure that there are many of us who would like to proceed as soon as possible. cc: Mayor Grabek and Councilmembers | Chairman Kelley and Planning Commissioners Mark Bernhardson, City Administrator Michael Gaffron, Assistant Planning & Zoning Administrator DIVISION OF STATE FIRE MARSHAL V^KETHOUSt 2#» EAST STM STREET S» PMJL. MINNESOTA 85H** raXPHONE; rS12) 296-7r STATE OF MINNESOTA DEPARTMENT OF PUBUC SAFETY May 23, 1989 Chief Melvin Kilbo Orono Police Department P*0. Box 86 Crystal Bay, MN 55323 Dear Chief Kilbo, Personally, and on behalf of the Minnesota State Fire Marshal Division, 1 wish to thank you for the assistance your department provided in the recent arson Investiga . ion which led to the arrest of John Flaherty. Specifically, I wish to commend Lt. Mark Moran and Officers Kurt Erickson. James Morowcsynskl, and Chuck Schauss. Since the first fire at Eddy’s Malt Shop was reported on December 31 , 1988, these officers worked in a most diligent and professional manner to bring this investigation to a conclu­ sion. Deputy St.te Fire M.rsh.l-InvestIgator Denise DeHars has indicated that she received the fullest cooperation of Che department and Che above officers in conducting this investigation. The tireless efforts of your officers not only led to the arrest of Mr. Flahert •. but to Che two professional "torches" who were hired Co set the fires. Hs. DeHars indicates chat with­ out the hard work of your officers, this case may not have ended in such a positive manner. One of the goals of our Division Is to Increase the cooperative relation­ ship with law enforcement agencies. This case certainly Indicates that such a relationship exists In Orono, which Is beneficial to both our agencies, as well as tc the public we serve. , If this office can ever be of assistance to your de^rtraent, please feel free to contact us at any time. My best wishes for your continued good work Sincerely,Sincerely, a David E. Kne/elkamp Chief Investigator DEK:pb cc: Tom Brace. State Fire Marshal Denise DeMars AN EQUAL OPPORTUNITY EMPLOYER OMtlON OF STATE FIRE MMISHAL MAAKCT HOUSE EMEASr 8TH SIHEET tT. MU. MMNESOTA S»lOf mEM«INE: («12» SM-TMl STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY Hay 23, 1989 Lt* Mark Moran Orono Police Department P.O. Box 86 Cryttal Bay, HN 55323 Dear Mark, 1 would like to personally thank and commend you for your efforts in aaaisting our office in the recent ar<^on investigation involving Iddy'i Malt Shop. '4® Deputy State Fire Marshal-Investigator Denise OeHars has indicstod to 0i that your diligence and persistence, as well as your attention to dotdilt was responsible for keeping this case alive for the past five aontliif resulting in the arrest of three individuals. The professional and diligent manner in which you and the other officers involved in this case conducted yourselves 1$ certainly a credit to you and your department. One of my goals is to increase the cooperation between the Fire Marshal Division and local law enforcement agencies. This investigation is a prime example of how, by working together, we can effectively pursue arson inves* tigations. Again, Mark, thanks for your good work. 1 wish you the very best in your new role as Supervisor, Please feel free to call if I can ever be of assistance to you. Sincerely, David E. Kne Chief Invest DEK:pb w AN EQUAL OPPORTUNITY EMPLOYER DIVISiON OF STATE FffiE MAHSHAL n market house 2tOEAST 5Th STREET 9t RHJL MWMESOTA 5S101 PHONE; (6t 2) 29fr 7641 STATE OF MINNESOTA DEPARTMENT OF PUBUC SAFETY May 23, 1989 O Officer Kurt Erickson Orono Foi e Department P.O. Box s>o Crystal Bay, MN 55323 Dear Kurt, I would like to personally thank and commend you for your efforts in inves­ tigating the recent arson fire at Eddy's Malt Shop, which led to the arrest ot three suspects. Denise DeHars, Deputy State Fire Ma r s ha 1-1 nve s t iga t o x:, indicates to roe that your previous training and experience in the fire service led to the dis­ covery of the second fire at Eddy's so quickly that it could be extin- quished before valuable evidence was destroyed. The positive samples and the identifying of accelerants used in that January 12th fire played an Integral part in the successful conclusion of this investigation. 1 have long felt that you possess excellent investigative skills, Kurt, and this proves that once again I am correct. One ^f my goals is to strengthen the cooperation that exists between our agency and local law enforcement agercies. This investigation certainly indicates that chat attitude exists in Orono and has resulted in the com­ pletion of an excellent investigation. Keep up the good work, Kurt. If 1 can be of any assistance to you at any time, please feel free to call. Sincerely, David E. Knefelkamp Chief Investigator DEK:pb C AN EQUAL OPPORTUNITY EMPLOYER OIVttlON OF STATE FME MARSHAL MAPKET MOuSt 28SEAST 5TH street ST RAUL. MMNESOTA S6101 TEIAPMONC (612)296 TMI fB STATE OF MINNESOTA DEPARTMENT OF PUBUC SAFETY May 23, 1989 Officer James Morowczynski Orono Police Department P.0. Box 86 Crystal Bay, MN 55323 Otar Jim, 1 would like to persona , ly thank and commend you for your efforts in ChA investigation of the recent arson at Eddy's Malt Shop. Deputy State Fire Marshal Denise DeMars has been most complimentary In llAE remarks about how your persistence and diligence in this investigation uncovered crucial pieces of evidence. This also kept the investigotion ongoing during it's five month period. Your assistance in the execution of the search warrant on Greg Melina also resulted in obtaining evidence very necessary to the successful prosecution of this case. One of my goals is to improve the cooperation that now exists between the State Fire Marshal Division and local law enforcement agencies. This investigation certainly is an example of how agencies can work together for our mutual benefit, as well as to benefit the public we serve. Again, Jim, thank you for your assistance in this matter. If our agency can be of any further assistance to you at any time, please feel free to contact me. Sincerely, David C. Knwfelkamp Chief Inve^igator DEK:pb AN EQUAL opportunity EMPLOYER OMMMormnn iMMiNCTMOUti atutriTMtiNifT . MkA. MW«tOIA M101 STATE OF mNNCSOTA DCFAimWfT OF PUBLIC SAFETY May 2J, t9$9 Offlctr Chuck Schautt Orono Follca Dc^artauiit F.O. Box 86 Crystal Eayt FN 95323 Oaar Chuck, I would Ilka to parsoaally thank and cowaand you for your afforts in tha racant arson invastIgation of Eddy's Malt Shop* Daputy Stata Firs Marshal-lnvastIgator Oanlsa DaMars has indlcatad to aa chat your asslstanca In this aattar, spacifically In tha axacution of tha saarch warrant, warn aost halpful. Savaral placas of vary valuabla avidanca wara uncovarad with your afforts. You and tha othar Orono offlcars Involvad in this casa dlsplayad a vary profassional daaaanor and workad vary diligantly to rasolva this casa. Va cartalnly appraclata your afforr . Ona of ay goals is to Incraasa tha cooparation that axlsts batwaan tha Stata Flra Marshal Division and local law anforcaaant aganclas. This casa is a priaa axaapla of ' w that cooparation can banafit our aganclas, as wall as tha public wa sat/a. Hy bast wishas for your continuad good work. Sincaraly, . David B« KMfalkaap Chiaf Invaftigator DEKspb m EQUAL OPPORTurarv employer o © DATE: JUNE 2, 1989 TO: MAYOR GRABEK AND ORONO CITY COUNCIL FROM: MEL KILBO, CHIEF OF POLICE SUBJECT: LONG LAKE ARSON INVESTIGATION As you are aware, on 5-10-89, this department arrested John Charles Flaherty -for first degree arson, along with another party, with a warrant outstanding for a third party. The purpose of this memo is to bring to your attention the excellent work performed by the following groups of people. First of all let me commend Fire Chief Rick Perry and the Long Lake Fire Department. Without their fast response and expertise in extinguishing a fire with suspected arson was very instrumental in preserving the evidence that led to the arrests. Lt. Mark Moran responded to the first fire with a response time of 2 minutes. Officer Kurt Erickson, while patrolling on 1-2-89, smelled smoke as he was on patrol in the area of the Hamburger Shop. He spotted smoke coming from the eaves and immediately contacted the Long Lake Fire Department, who for a second time put the fire out without disturbing the evidence. I also wish tc commend the investigation commenced by Lt. Mark Moran, Officer James Morowczynski, Miss Denise DeMars of the State Fire Marshalls Office, who spend in excess of 200 hours working on the investigation. As you may be aware, two Minnetonka officers, Sgt. Mike Carlson and Det. Gary Cayo, being aware of the fire, were . jt instrumental in bringing about the last piece of evidence needed. Officer James Morowczynski and Officer Chuck Schauss assisted Minnetonka on a search warrant of a Minnetonka residence which turned up further evidence of a conspiracy to commit arson. Robert Salitros of the Hennepin County Sheriffs Department assisted us in the final steps of the investigation and was instrumental in bringing about the fraud charges. As you are well aware the investigation took from the first of the year until 5-10-89 to bring charges. It might be interesting for the council to consider that according to quoted figures, one out of ten arson cases are ever charged out, therefore I bring to the councils attention the excellent work involved by the people mentioned. On 12-31-89 at 9:04 in the evening, Orono Officers were advised of a fire at Eddy's Hamburger and Malt Shop located at 2315 West Way- zata Blvd. in Long Lake. They arrived on the scene and 2 minutes later, observed smoke coming out of the upper portions of the build­ ing. The witness and party who had notified radio was identified as A Douglas Strelow of Mound, Minn. He was working in the rear portion of the building that houses Eddy's Restaurant, a business known as Tonka Transmission. The fire department arrived on the scene quickly and put the fire out. Upon investigation, we found that it was in fact an arson situation as an elaborate system of trailers "material used to spread the fire" and flamable liquids were spread with inten­ tion to spread the fire all through the rear of the restaurant. This department commenced investigation along with the State Fire Marshall. On 1-12-89 at approximately 1:00 am. Officer Kurt Erickson of this partment was patroling near Eddy's and observed smoke coming up fronS^ the eaves, rapidly called the fire department, established the fact just like in the first fire there was no forced entry into the build­ ing and asked the dire department to very carefully put the fire out. Upon investigation we found a petroleum product had been poured into the office area, on the desks and throughout the place, and again arson was suspected. Again the fire marshall and Orono Officers started an investigation. The suspect that developed early in the in­ vestigation was the owner, John Charles Flaherty who lives at 500 No. Stubbs Bay Road in Orono. This department along with the BCA and the State Fire Marshall and Hennepin County Crime Lab commenced an^inves­ tigation into the fire. Approximately 200 plus hours went into the investigation of the arson, executing a number of search warrants the restaurant as well as the business "teen center" that was current­ ly being set up by Mr. Flaherty. There were a number of motives and r m L J leads that were followed up to indicate that the owner was in fact the logical suspect. This department received a tip via crime line that le us to a suspect who was interviewed as to his involvement, however, it was not sufficient at this time to warrant issue by the County Attor­ neys Office. The investigation came to a standstill at several points, until May 9, I''89, at which time we received information from the Minnetonka Police department, that they had responded to a domestic abuse call and that one of the people involved in the domestic abuse indicated that he knew something about a fire in Long Lake. It was established through questioning that one of the two brothers Involved in the domestic knew the suspect that we had earlier interviewed as as a result of the crime line. After interviewing and obtaining statements from both brothers, we ascertained that one of the brothers had consipred with John Flaherty on the second arson attempt on Jan­ uary 12, 1989. They described Mr. Flaherty, the car he was driving and advised that they were offered $5,000 to set the fire. They had met a number of times mapping out the business place on a blackboard that they had in their home, still in their possession were the kero­ sene and gasoline mixture in a car, that they had used in the fire. A search warrant was obtained for a residence in Minnetonka and Off­ icers found the blackboard used as well as several gasoline cans that were taken into custody. At 2:33 in the afternoon on May 10, 1989, this department arrested John Charles Fladierty at his residence, for probable cause, first degree arson. He is currently being held in the Hennepin County Jail pending formal charging by the County Attorneys Office. c ERIC P. CANTON 2495 WILLOW DRIVE HAMEL. MINNESOTA 55340 O o city of Orono Police Department May 22,1989 445 Willow Drive Long Lake. MN 55356 To Whom It Hay Concern: Thanks for the extraordinarily prompt service rendered on Sunday, May 21st.I accidentally locked my keys in my car at St. Martin's By The Lake Episcopal Church. Following a call to 911,an officer of the Orono Police Department responded within 5 minutes and had me on my way.The service was friendly and courteous. Bly compliments to the officer and to the system for so prompt a reply. Very truly yours. Eric P. Canton EPC/Jd O-Oyf^-ti The following 9 pages were three separate mylar pages with no reference to sequence. rcafe i‘iuu ujm itt BiAiuiAau^ / / / :- f«ralUl 4o unco^ Lotfc*^ -I ^ ^ \ \ \'f{0^ 461.0 ■SW’li lira o{ Lo+6 <■*. * * -' • • lan« •nd B, R«glat*r«d ^nd Survey Mo. 9t c« Registrar of Titles. County of Hennepin, pflr^ of Lot Six (6) lylriQ Southwoato . lino drawn across said lot parallol to feet Northeastorly from the SouthwaattD. le of said lot. Auditor's Subdivision 56s Hennepin County, Minnesota, according wo the nap or plat thereof on file and of •r .r 0 To: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bemhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: May 11, 1989 Subject: #1410 Julie Prineas, 1980 Heritage Drive - - - Variance - Public Hearing Zoning District - LR-lAr Single family lakeshore residential, 2 acre, unsewered Application - Request for lot width variance to construct a single family residence. List of Badiibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Survey with Staff Notations Exhibit P - Access Approval from Hennepin County Exhibit G - Wetlands Air Photo •* H ** P lA€^1 Pertinent Facts - 1. Lot Area * 2.05 acres. 2. Defined lot width at the 50' setback from County Road 15 is 30' where 200' width is required. 3. Staff has required applicant to provide a conceptual site plan indicating the house location, as well as a site evaluation for septic system construction, to verify that this is a buildable lot. 4. Applicant has provided a site evaluation report which generally Indicates that a mound system is required on the property. The primary site would be located west of the proposed house site. The site evaluator had Indicated that the primary :md alternate sites would both be west of the house, however after discussions regarding required setbacks and the width of the mound due to slope constraints, it was determined that a second alternate site should be tested. There are two feasible locations, one being at the far west end of the lot, the other being east of the house site. Testing is currently underway for this secondary site and due to sandy soils anticipated, there is a slight possibility that one of the two alternate sites would be suitable for trenches. Either site could be expected to support a mound system. • -•-• • - . '• a. , i ^iC2%‘'^ " •> c^’ *> .' rtr" > "' >* M->f<^;»-':- ■t«'*?*.‘7—T^"'* 'f* T , ■ ^ , .- »V** -‘ ■ - -» •■ - •-.-Afc-lu.rtJA—U V:*. saacs >- '-.c-.‘r::j -'V --i! -r. , \.4.. •V- ' . 5 «! J S?i'^ K.c,'- :. 1?^^■ • ;-^w^_ ■• -■ -cv.^-<- •., * • ' ••• !S5KS5sii'’ ||;-j rH -is 34 ^ -h > • -Bi9 It vamuBi^ -Pi . ■ ",,'^. Vi,,) --------;-'7-r»'IT:'*■■'••-■’'''-^'-♦-i^'^'*'--■^'im • «s!^ i; m ^ I' '“ii . :'* ♦•■-V - '* ■.•--■'.••■•■■'-.a; . - f , -£.' 4» - 'tt,:;^^ ‘,ji»A»- » sgs®;.3Bs: ? HE —I- V - - —, , X -'•Wirt ti' ‘if«1 misiiiiii® ®iMi Ml ’ 1 111 SbS i^^^?===?f7i?3ficL^ rc^rll i «:r3 r?;=T\ i I S ; S nil.- ■ - ■-*-«-• '-; ■^l-..^iESSi3SS2Sf M ;r% g^WtliKl^iailMiaiBi ;1v : r- —~'^'--.-i ^iPllMl^r^ii^SiLi E-4 d -* -____' ->r*-; r/a ' *2*. ' \ . tc CITY OF ORONO P.O. Box 66 Crystal Bay, MN ZONING PILE NO. 1401 NOTICE OF PLANNING COMMISSION ACTION 55323 473-7357 Date of Notice: 5/22/89 John & Nancy Fiebelkorn 2730 Shadywood Road Excelsior, MN 55331-9599 COPIES TO:Douglas Dunsheath Nary Sonnack 2740 Shadywood Road Excelsior, MN 55331 Larry J. Berg Fredrikson £ Byron, P.A. 1100 International Ctr 900 Second Avenue So Minneapolis, MN 55402-3397 TYPE OF APPLICATION: Variance/Subdivision DATE OF MEETING: 5/15/89 VOTE: 6 For 0 Against Planning Cosimission recoamends the following: Approval as submitted NOTES AND SPECIAL CONDITIONS: Planning Commission recommended approval of the proposed lot line rearremgement and the variance to allow the existing storage building to remain at 9.5* from the house. Please have your surveyor verify with the Hennepin County Torrens Office that they will accept the proposed metes and bounds descriptions for this registered property. Your subdivision of a let line rearrangement will be presented for final approval by the City Council upon receipt of the following: 1. Provide three copies of a Certificate of Survey per the preliminary survey dated December 9, 1988 by W. Brown Land Surveying, Inc. On the drawing, provide signature lines for all property owners with an interest in the subject properties (spouses, etc.; signature lines must be signed), the Mayor, City_Clerk, and date of final approval. 2. Provide one copy of the survey at a scale of 1" » 200' for City records• 3. Upo'i final approval of the subdivision, the owners of Tract C, RLS 420, shall complete legal combination forms at the City offices for combination with Parcel 1. All final submittals must be submitted to this office 10 days before the meeting at which Council will grant final subdivision approval. The Council meets on the second and forth Monday of the month. Regular meetings are re-scheduled if they conflict with a national holiday. Upcoming Council meetings scheduled for June 12th, June 26th, and July 10th. 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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 12th day of June, 1989. ATTEST! Dorothy M. Hallin, City Cleric James R. Grabek, Mayor Property Owner(s) STATE OP MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of June, 1989, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instr\iment was executed on behalf of the City. Notary Public My Commission Expires Page 3 of 4 CUSTOMER TRANSMITTAL/JOB SHEET . nCEPT microfilm, INC. i .7 REPUBLIC AVE. MINNEAPOLIS, MINNESOTA 55426 (612) 920-881,' ■'AX (612) 920-5113 RUSH: DATE: rep: JASON P. POI: P/UP: _ _ _ _ __ Company: CITY OF ORONO Bill To: 1335 Brown Rd. Orono, MN 55323 Teri Naab FAX #: FOR CUSTOMER USE Start Date: Req. Date: Ongoing: Volume: SHIP To: CITY OF ORONO 1335 Bro%m Rd. Orono, MM 55323 Contact: Teri Naab Phone #: 612-473-7357 FOR PRODUCTION USE ONLY PROJECT DESCRIPTION Job Number: COTNCP Job Name: COUNCIL PACKETS Clerical Study: Doc. Type:8 1/2 X 11 Type of Service: 16mm roll jacket X 35mm roll jacket other cartdge card Duplicates of each: ONE cartdge16mm roll jacket X 35mro roll other jacket card Doc. Propping: Paper clips, folders Titling/Labeling:ORONO (yr filmed) COUNSIL PACKETS 1/3/89 1/1 SAMPLE LABEL (See Attached) Filming Inst: Planetary (32x) Header Up FILM IN ORDER! Disposition of Original Documents: •Destroy*in 30 days: Itetiirn to customer: XXX (ASAP) Pick up/Delivery: CMI - Front Desk On call. o FILMING - Planetary 32x CANON* o DATA ENTRY - Bold type in JM o JACKETS - 5 channel o DUPS - 1 Diazo white stripe Nor bcA/£- Caid RUI DATE oa/lO/M BATCH 006 PROP ADOR (WNER NAHE TAXPATER NAHE/AOOR 96 36-116-E9 16 0001 0055S FERNDALE RO N T N DONALDSON ET AL T M A K C DOIULDSON 55S FERNDALE RD N NAYZATA HN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 36-118-E3 16 0006 00565 FERNDALE RD N JERRY E MARTIN A WIFE JERRY A JANET MARTIN 565 N FERIOALE ROAD NAYZATA MN 55391 REPORT NO. PI63S601 PACE 11 36 36-118-FT 16 0005 00525 FERNDALE RD N ALVERA B HENDRICKSON ALVERA B HENDRICKSON 525 N FERNDALE ROAD NAYZATA NN 55391 38 36-116-23 16 0006 PROP ADOR 00515 FERNDALE RD N ONNER NAME A A M SMITH TAXPAYER ANDREN J A MARY H SMITH NAME/ADDR 515 NO FERNDALE NAYZATA MN 55391 38 36-116-23 16 0007 00517 FERNDALE RD N H 6 JOHNSON ETAL H 6LEND0N JOHNSON 517 NO FERIOALE RO NAYZATA MN 55391 38 36-118-23 16 0010 NAYZATA COUNTRY CLUB NAYZATA COUNTRY CLUB P 0 BOX 151 NAYZATA m 55391 38 36-115-23 16 0011 PROP ADOR 00675 FERMIALE RO N ONNER NAME LEOPOLD A HAUSER 111 ETAL TAXPAYER LEOPOLD HAUSER III NAHE/AOOR 675 NO FERIOALE RD NAYZATA MN 55391 38 36-118-23 61 0001 00395 FERNDALE RD N PERCY N KEESL1N6 P N KEESLIN6 395 FERIDALE RD N NAYZATA HN 55391 38 36-118-23 61 0002 00365 FERNDALE RD N DAP CHASE JR DONALD A PATRICIA CHASE JR 365 FERIAIALE NAYZATA MN 55391 PROP ADOR OWNER NAME TAXPAYER NAME/ADDR 38 36-118-<^3 61 0003 00375 FERNDALE RO N N C POHTILU ETAL WILLIAM C POHTILLA 375 N FERIOALE NAYZATA MN 55391 38 36-118-23 61 ^A22 00133 CHEVY OUSE DR A A E STENART ANDREW A ELLEN STEWART JR 133 CHEVY CHASE OR NAYZATA MN 55391 SO 36-118-23 61 0023 00135 CHEVY CHASE DR ROBERT B HONE ETAL ROBERT B HONE MD 135 CHEVY CHASE DR NAYZATA 104 55391 PROP ADOR OWNER NAME TAXPAYER NAME/ADDR PROP ADOR OWNER NAME TAXPAYER NAME/ADDR 38 36-118-23 61 0026 00137 CHEVY CHASE DR ALBERT C GREI6 ETAL ALBERT C 6RE16 137 CHEVY CHASE DR NAYZATA Itl 55391 38 36-110-23 61 0027 00163 CHEVY CHASE DR STATE LAND DEPT CITY OF ORONO PARK 6/13/79 ST DEED 156755 38 36-118-23 61 0025 00139 CHEVY CHASE DR R 6 SIMMONS ALP SIMMONS ROBERT 6 A LINDA P SIMMONS 139 CHEVY CHASE DR NAYZATA MN 55391 38 36-110-23 61 0061 00128 CHEVY CHASE DR H P ALLEN A L S ALLEN HAROLD P ALLEN 120 CHEVY CHASE DR NAYZATA 191 55391 30 36-118-23 61 0026 00161 CHEVY CHASE DR BROOKE T NELSON ETAL BROOKE T NELSEN 161 CHEVY CHASE DRIVE NAYZATA 194 55391 30 96-118-23 61 0062 00132 CHEVY CHASE DR STATE LAND DEPT CITY OF ORONO PARK 6/13/79 SO 156755 r^iV • :r fi'j k “' 5 ' ^ I. xZ .‘ T: z i j* > '^ /; y^>A't -'4 Or t' 1»<BW«>I iB H>-^^ ,4 k .I s r -_-L. r "i fl" * if“1 1 " ! s* ^S^\ *1 _£! 9 : ’1 urM>0 S •S'flTl?: X7 ULiiimp. hW vulT ■ '**'» > IP nt . 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Ina of aaii Lot 5 a diocanca of 859 faat: h« line of sa of 878.5 raat tj parallal vlth ' said Lot 5t < I tha ( of .1 point of bapinnliv. 117. 6««a 25. itoeeltad a Lot 5« Uanea UrU alaaf ica of 859 fnati Uanoa Haas parallal atU »t 5 a dlataaca of 878.5 raat< uc 5. a dlataaca of 859 faat 1llna thanca eaat alone tha aoatb Una of aald Lot 5 a JWll PRINTPH MAR231989 And of tha locatlona of ail bulldlnfa. thacaon. and all vlalbla • if any. froa or on said land. As suf <- jr aa, or undar ay dlract a^varvlalon. thia 23rd day of Narcb, MeCOMBh MM BOOS MS0CU1V, INC. I«d Surrayor, IU«i. B.«. Ro. 10.30 I—MOtawYomicTsuKavnionANOTMAT 1 sm~a oulv Moiana-■ a ________ • . IB LAMB auavcvoa UOMSB TMA ia M n« tub arATana ■ N^MaOTflBa PCMNinW a1—D>iD MMNUOTA. ■ /------1 isa60.3n)/iM.N Bohm ■v Plymc .WNSS447 nM 8«M,o-«010 .\r^RIMASRS HiVISKMA OSTS OOMH. BOUkJDARY AURVE.Y OF 2-4. l_OT LOTA 2-4., BU.K a.MARKVIL-UE 0 H^«T OF 4ioVT jOT 5 . i.ecT/Okl io.Tin,R23 r - A J1 PRE.PAREO FOR-. 2A4 'tita 1 ART6 CCMTE.R OF” aiiCNO. ■ a&B) 1 MIMK.eSOTA |r :x 'iflB mB :mimy' m§i .-.y ■'C • ■ imm ^Hyy-yyp-m ' s :m^v ■; „. s,. 4 ^ .PS '..P, SSPhP ■ -i iSi yMP -^5 IF:'V . 1fe^. . M;.: :: . • io'v *v i’“-^"'I^"ii^i»- Kisrsn ’ ^ "" i —•: •■rv'’»-' F.ui.v ^;2ii liisfiiili F’»i *^a-» m.0f 77^' * T ’*•• '* '’-T* ■ . ff —• • V' - /■ (^ C4-lf7-t^ • ... r'-:a^ ■ t.,._ .'^' --.'ifJav--; -■>.";. :...>., ’^■' '■■■'■. Mr- SfSIpSi :ifeif «Si' ;~T-- -':?sA^0r ■■•- ■■ • .T,. •• ■ L 4S jo mm wm'-i mm m '■ ■ '■■• -. r'■'. :;i5: iass; i mi iffg' /-». r vi- 3" surrMi* YAditcilii CLUBfiM^ a -.uW . ■ : .■ 7-- ,-r. H ■■';:■■ •' ■ i—" .-... • '’^■ Hi STTBPLIII FLOOR HiBf < ••• ."i- V’^.v ' ■ •'''■ . '.v'i,,.- ■ '.■.. .' SlilTH'SBAY MARINA & YACHT CLUB CLUBHOUSE SbSS SSSELm “ ^’^38 ' ■.. •■' ^ -S- ■■ 'v • ■'. t * ••> ,' ■ ^''■/ ' ■ ' ’• OttBRlOR ELEVATIONS > . ■( S2i.*“ ®IS A2 n '^l ■ ft- ■^1 n i' 'i S il h H uL ■/*r ■■'-;i; ^ ,•*?" /\ -V' Mii^iliLii r “ > f » -■>.-<» !■ :-:S' . m The Harris/5M ,-50 Facsimile MEMORY CAPABILITY MAKES TOUR BUSINESS COMMUNICATIONS EASIER, FASTER, MORE ACCURATE Memory capability adds powernil, productive features We've integrated to^'s most sophisticated lacsimiie technologies with a powerfiii 2S6K memory to bring you the Harris/3M 2250. This advanced facsimile system lets you store up to 15 letter-size documents in its memory. It can then be prc^rammed to send any combination of documents to any combination of receiving units immediately —or later when long distance telephone rates are lowest. These sequential broadcast and delayed transmission features make yror business communications taster, smoother and more cost effective. The memory also accepts and stores incoming transmissions should the Hatris/3M 2250 run out of print paper. A visual alarm te"s you there is a stored transmission waiting to be printed. The 2250 holds the transmission in memory until the paper supply is replaced. Battery-powered backup system If electrical power is interrupted, the Harris/3M 2250's banery- powered backup sywm automatically takes over and saves any incoming or outgoing documents that are stored in memory. The backup system also preserves programmed commands, such as delay send. Error-free transmission (CCITT ECM) The Harris/3M 2250 features a sophisticated electronic monitoring system that guarantees complete, accurate transmissions. This system lets sending and receiving units talk to each other and correct any communication errors. Sophisticated gray scale captures details A 16-shade gray scale captures the subtle details of each transmission. Every type of document you send—photographs, line art or text—comes through clean, crisp and clear every time. voice message is telephoneline ] transmit a facsimile, press start now. If you want to talk with someone, please dial (phone number)." This feature is as simple to operate as a standard answering machine. Relay broadcast reduces long distance time and costs You simply make one call to a Harris/3M memory-equipped facsimile, which then, relays your transmission to as many as 100 ire provides clear instructions When a call comes in. the Harris/3M 2250 determines if it is from another facsimile or if it is being placed by a person. If the call is n B f I B * receiving units. This feature eliminates the need to make multiple long distance calls and reduces operator time. Closed user group and confldet provide security wrben you need it The Hairis/3M 2250 offers two advanced capabilities that keep proprier . information in the right hands. A closed user group feature allows you to select which fecsimile machines are able to receive your facsimile transmissions or send messa^s to your machine. TTiis eliminates wrong number receptions, prohibits unauthorized use of your equipment and prevents “junk mail” transmissions from tying up your lines. And a confidential transmission feature lets you transmit messages to "mailboxes" of other Harris/3M memory-equipped facsimile units. Receiving units will prim your transmission only after the correct password is entered. Programmable tiKmory acconunodales up to 100 telephone numbers You can store up to 100 telephone numbers in the Harris/3M 2250's memory, and 30 of those numbers can be assigned one- touch keys and dialed by pushing a single bunon. The other 70 numbers can be speed-dialed using a two-digit code. This feature makes your business communications faster and more convenient. The 2250 alsv offc; automatic redialing. If the number you coll is busy, the Harris/jivi 2250 keeps trying that number until it gets through. Altemate call sclectioa The Harris/3 M 2250 can be programmed to automatically dial an alternate number if it receivesa busy signal. This feature can be programmed on the first six one-touch keys. RS-232C digital port provides four functional modes The Harrisy3M 2250 is equipped with an RS-232C external digital port, which allows you to operate in four modes. The external modem mode allows you to use ceruin digital fecilities for fecsimile transmissions. The digital output mode also lets you use existing lines and provides a ws^ to output or print scanned fecsimile data. The ACSII primer mode allows the Harris/3M 2250 to operate as an output printer for personal computers, teleterminals and word processors. The encryption mode lets you connect the equipment needed to send and receive coded messages. Don’t forget the other productivity enhancing 2250 features The Harris/3M 2250 is loaded with state-of-the-art feamres. such as delay sending, delay polling, multi-receive polling, activity reports, cut-to-size paper capability and more. These benefits will be an excellent addition to any t~'------ -■-------^----- delivery of printed information