Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
08-14-1989 - Agenda Packet City Council - regular meeting
COUNCIL PACKET 08/14/89 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 14, 1989, 7:00 P.M. Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Discussion will be held upon request. Memos regarding each of the Agenda items are available in the Public Packet which may be obtained upon request from the Recorder. ROLL CALL 1. 2. CONSENT AGENDA* 7:00 P.M. PUBLIC INFORMATION MEETING - Lift Station #10 Financing 3. Lift Station #10 Financing - Resolution APPROVAL OF MINUTES * 4. Regular Meeting of July 24, 1989 PUBLIC COMMENTS - (Limit 5 Minutes Per Person) 5. John Hollander COUNCIL MEETING AUG 14 1989 CITY OF ORONO ZONING ADMINISTRATOR’S REPORT **APPLICANTS** Immediately after the Council has reviewed your application please sign the three (3) original resolution copies. * 6. #1331 Metro Waste Control Commission, 3290 North Shore Drive - Final Subdivision - Resolution 7. #1424 Windward Marine, 1444 Shoreline Drive - Variance/Commercial Site Plan - Resolution 8. #1425 v:ard Farrell, 3405 Watertown Road - Variance/Subdivision 9. Accessory Structure Ordinance ENINGEER'S REPORT 10. Ordering Plans and Specs - Well #3/Highway 12 11. Pay Request #1 - Lift Station 10/43 MAYOR/COUNCIL REPORT 12. L.M.C.D. Mayor’s Meeting CITY ADMINISTRATOR'S REPORT 13. County Road 51 Parking - Resolution 14. Uniform Curfew 15. LMCD - Comprehensive Plan Drafts - Shoreline - Public Safety 16. Facilities Meeting - Council/Planning Commission 17. Bond Sale - Resolution * 18. Lawsuit Settlement - Art Center * 19. 1990 Budget - Levy Resolution * 20. John Waldron, 1951 Concordia Street - Amend Resolution #2407 to Correct Legal Description - Resolution * 21. Minnesota Cycle Tour * 22. Earl Norwood - Refund Resolution AGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 14, 1989, 7:00 P.M. CITY ADMINISTRATOR'S REPORT Continued * 23. Assessing Services * 24. Authority to Initiate Eminent Domain * 25. Water Conservation - Resolution * 26. Administrator's Information County Road 116 Informational Meeting Stubbs Bay Informational Meeting Deer-Bow/Arrow Permits Milfoil Composting Goose Removal Public Works Garage Fire Summary of Receipts, Disbursements & Balances, June Year to Date Electronic Funds Transfers for July 8 - August 4 CITY ATTORNEY'S REPORT LICENSES (27*) BILLS (^0 V 11 a ADJOURNMENT UPCOMING ISSUES AND EVENTS 08/14 - Lift Station 10/43 Discussion - Council/FC Mtg-Facilities 08/28 - Woodhill Assessment Hearing 08/28 - County Road 15 Lighting Assessment Hearing U9/11 - County Road 116 CITY OF ORONO PUBLIC ATTENDANCE //}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. rtV• *** ' ^oi \L y \MO.)3- 2. /jA//7 ya.^7 s::^./ 3."ni<r Od»yiH*t^ur)’*«•» lo 4.f 5. /^c' 6. 7. 8. 9. 10. LI. L2.■ .3. .4. .5. .6. .7. .8. 9. 10. TO: FROM: DATE: August 8, 1989 SUBJECT: Lift Station #10 Finaiicing 8889.4 Mayor and City Council Mark E. Bernhardson, City AdministratoigQyjUQ^ MESTIHQ A(i6141989 CITirOF Attachment: A- Lift Station #10 and 43/Bid Award Memo Excerpt B. Letter to Residents Dated August 2, 1939 C. Proposed Resolution D. Proposed Ordinance Change to Fee Schedule DISCUSSION - As outlined in Attachment A the project and Lift Station #10 is to replace a for e main with a gravity line. This ALTERNATIVES 1. Finance with co^nec^i.on charge. 2. Finance from opeiations charge. 3. Utilization of a combination. PROPOSED MOTION - Moved by , seconded by _, that the Council adopt connection charges as tlie appropriate method long-term for financing this improvement and adopts Ordinance #_, Second Series to amend the fee schedule to include it as a connection charge. Ayes _, Nays _. ISSUE - Determination as to the method of financing for Lift Station #10. INTRODUCTION - At the Council's May 22, 1989 meeting Council directed that a public information meeting be held regarding the connection charge on Lift Station #10 for August 14, 1989. is done in conjunction with Metro Waste Control Commission's project and increases the capacity in the line to accommodate future growth. It is anticipated that this project will be bonded for over 10 years as noted in anocher item on this agenda. A connection charge to solely finance this would be $1,941.62 per hook up. While the notice went to all people n the district, as you will note in Attachment B, it specifically^ said it was only for vacant land that nad not been developed anc was not paying for a sewer monthly charge. While there is no piedictabi1ity as to when the connection charges will be paid it ij anticipated that over the next 10 or 15 years that a total of 8f connection charges will be paid for \n that time. To the extert that it doesn't, the City could use operational funds to mak-• up the difference and that when the bonds are paid off that t'le connection charges could be used to repay the operational fu*.ds. RECOMMENDATION - It is recommended that the connection charge be es tab 1 i ;4he d in ordinance to finance the project through connection charges and that operational funds be used only as a measure to either make up the necessary cash flow to pay off the bonds or that, if appropriate, it be used to make up the desired share. ^5 Ancferllk & Associates Engl^fKy^i^HM'J i»r.-0 iMmPt W tomim. Pt ^'«vt c AMt^ n •ictwMf M itrvtC r>«A M 0»wt Con.Pt n«AM« I Noyot ft fcMA 0 lf»*#»rW. PI M»w<l taryM. Pf MK A OOMIA Pf iKtm w taoM Pf OenMf C SMeMl. Pf J*»ry A SniMlDrv Pt U«« A Hirmr Pt Ml PM Pt UttM r omam Pt ■eemt pmm. Pf 0m«O IMM Pf. nwAN w Win Pt SMMC LyMl PC iimnc UilMLPC MnrMAP An*fW% PI W« A taP»A«n ft. MMf MiPf. WnC IMHI. AIA TAomMl Angui PC MmMAS vWPC Untmax / IU7 18, 1989 City of Orono Box 66 Cryftftl Boj, Wf S5929 H»i Saaitarx Savor Xaprovaaanta Lift Station 10 Baplacaaont Lift Station 43 Baplacaaont Our FUa No. 13949 Daar Kayor and Councils On Friday, Kay 12, 1989 aaaled bide vara receivad for tho abova rafarancad projact. Tha lov bidder vaa Albracht Kxcavcation, Inc. vith a total baaa bid of $181,640.63. A total of aiz (6) bida vara racaivad. All bide hava boon raviavad and coaqratar chackad. A copy of tha tabulation ia ancloaad for your raviav. Tha folloving ia a auamary of tha bida racaivadi Albracht Ezcav., Znc. Northdala Conat. Co. 0 6 F Contracting, Znc. Brovn 6 Cria Kanko, Inc. G.L. Contracting, Inc. Part I $126,184.40 143,980.00 169,344.30 181.663.23 178.863.24 188,603.40 Part II $33,436.23 38,416.00 73,393.30 38.136.73 74.406.74 91,200.24 Total $181,640.63 204.396.00 233.638.00 239.800.00 233,271.98 279,803.64 Tha City ia propoaing to finance Part I vith connaction chargaa and ravanua fron aavar rataa. Tha connaction charge vill ba laviad againat future unita to ba connected to tha ayatan. Tha City ia propoaing to finance Part II vith funda racaivad fron MVCC for aliainating a lift atation and ravanua fron aavar rataa. Tha MVCC haa agreed to provide approziawtaly $41,000 to tha City of Orono if tha lift atation ia aliainatad. The City vould hava to provide $14,436.23 plua adniniatrativa coata fron tha aavar operating fund to finance Part II. Page 1. 2335 U4wt Highway 3A • St. Paul. Minnesota 55II3 • 612<63A-4600 ..-V -V’’ c;t7 of Orono Orao. KW !•> Pllt No. 13940 fUf 10, 1009 ■ y ■Atiifactorllj and In a tiiMly nannar. ^ $Ibi!^?6S **** *ll>r.cht bcmtlon la tb. If you hav« any quoationt, plaaia contact thli offlct. 1 CITY OF ORONO CITY Post OfTice Box 66«CrysUl Bay, Mi: /Irr7ic0f^^ On the North Shore of Lake Minnetonka August 2t 1989 Dear Orono Resident: As a result of the sewer construction on County Road 19 and County Road 51r the City of Orono will be able to eliminate one of its major sanitary sewer lift stationsr Lift Station #10. The City has contracted with Albrecht Inc. to place a gravity sewer line to by pass Lift Station #10 and provide sufficient capacity for further development. It is the City's intent to finance the project by placing a connection charge to undeveloped properties that were not previously provided a service stub to the property. It is estimated that the conne :tion charge will be $1,971.62. IP YOO ALREADY HAVE SEWER SERVICE OR A SEWER STDB TO YODR PROPERTY YOU WILL NOT HAVE TO PAY THIS CONNECTION CHARGE. There will be a public information meeting at the Orono Council Chambers, 1275 Brown Road South, on August 14, 1989, 7:00 p.m. for those property owners who may be affected by this proposed connection charge. If you have any questions, please feel free to call me at 473-7357. Sincerely, John R. Gerhardson, Public Works Director JRG/tln BUILDING A ZONING - 473-7357 ASSESSING administration a finance - 473-7358 PUBLIC WORKS - 473 7359 ^rrno^evrCL A RESOLUTION ESTABLISHING A CONNECTION CHARGE LIFT STATION #10 BY-PASS ffHERBAS, the City of Orono is a municipal corporation existing under the laws of the State of Minnesota, and WHEREAS, the City of Orono owns, operates and maintains Lift Station #10, and WHEREAS, Lift Station #10 is at an age that complete renovation or replacement is necessary, and WHEREAS, due to the construction and upgrading of the current Orono/Minnetonka Beach interceptor by the Metropolitan Waste Control Commission, the City of Orono is given the opportunity to replace Lift Station #10 with a gravity line, and WHEREAS, the construction of the gravity line will allow for the current and future increased capacity to reduce the overflows of domestic sewage upstream into Lake Minnetonka, and WHEREAS, it is appropriate that properties that have not been served in the past but will be served in the future should pay for the upgrade of the system. NOW, THEREFORE BE IT RESOLVED, that a connection charge be established for the properties upstream from List Station #10 that do not already have a service stub or paid for sewer in the past and that the connection charge shall be $1,971.62 for 1989 and 1990 with a Current Price Index increase each year thereafter. Adopted by the Orono City Council on this 14th day of August, 1989. ATTEST:James R. Grabek, Mayor Dorothy M. Hallin, City Clerx i 8989.9 /l770i0£Vr^ ORDINANCE NUMBER , SECOND SERIES AN ORDINANCE AMENDING ORDINANCE NO. 62, SECOND SERIES ADOPTED JANUARY 9, 1989, AND ENTITLED "1989 PEE SCHEDULE, ALL SANITARY SENER CONNECTION CHARGES.” The City Council of Orono ordains: Ordinance I^umber 62, Second Series adopted January 9, 1989, and entitled ”1989 Fee Schedule, All Sanitary Sewer Connection Charges" is amended to include: ALL SANITARY SEWER CONNECTION CHARGES An additional fee is charged for properties benefitting from 1989 Lift Station 110 By-Pass, as follows (see map for affected area): Property not already having a service stub or paid for sewer in the past. $1,941.62 This ordinance becomes effective upon publication. Passed by the council the 14th day of August, 1989. ATTEST: James R. Grabek, Mayor Dorothy M. Hallin, City Clerk Publish in the Laker and Pioneer newspaper the week of August 21, 1989. HINIITKS OF THE REGULAR OROWO COqUCIL MgTlW; HELD JULY 24, 19S9 ATTENDAMCE 7x00 P.M. The Council met on the above date with the following Beebere present: Acting Mayor Callahan, Conncllaeabers Mettles and Goetten; Counci 1 member Peterson and Mayor Grabek were absent. The following represented the City staffs City Adnlnlstrator Bernhardson, Building fc Zoning Administrator Mabusth, Public Works Director Gerhardson, Police Chief Kilbo, Assistant Planning and Zoning Administrator Gaffron, City Attorney Barrett, City Engineer Cook and City Recorder Scheffler. CONSENT AGENDA* Counci lirember Goetten requested that item #27 be removed from the consent agenda. It was moved by CounciImember Goetten, seconded by CounciImember Netties, to approve the Consent Agenda, with the exception of item #27, which was removed and discussed in the order in which it appears on the agenda. Motion, Ayes*3, Nays*0, Motion passed. RESOLUTION OP CONGRATULATIONS FOR GREG LEMOND RESOLUTION #2663 The City of Orono recognized and congratulated Greg LeMond, a citizen of Orono, for his outstanding achievement of winning the Tour de France bicycle race. It was moved by Acting Mayor Callahan, seconded by CounciImember Nettles, to adopt Resolution #2663. Motion, Ayes“3, Nays*0, Motion passed. PUBLIC INFORMATION MEETING HIGHWAY 12 SAFETY IMPROVEMENT Public Works Director Gerhard»on explained that there had been safety concerns expressed by a,.ea residents. The Minnesota Department of Transportation was present this evening to present a proposal to address the safety issues of Highway 12 from just east of Brown Road to Old Crystal Bay Road. Mark Benson, a representative from MNDOT provided a review of the plan to improve Highway 12. He said that the safety improvements were necessary because of the high rate of accidents that were occurring due to vehicles turning on and off of Highway 12. MN DOT intends to keep the two lane configuration, but provide enough room to provide left turn lanes and install raised concrete channelization. There will also be a controlled access along the entire north side of Highway 12. Mr. Benson noted that the plan being reviewed this evening had been revised from the plan presented to the public in April. There had been a lot of negative feedback regarding realignment of Brown Road to meet with Virginia Avenue. The revision slightly removes the skew in the intersection and puts it in at a right angle with Highway 12. Auci4ae9 f . Mliitl'fB'S* OP THE ORONO COUNCIL MEETING OP JULY 24, 1989 HIGHWAY 12 SAFETY IMPROVEMENT CONTINUED wii 1 no longer be any left access after Virginia Avenue. U*'' ’^r. Lenson explained in detail whether the accesses and channelizations would occur and noted that a U-Turn capability would be provided at the intersection of Willow. This is being done to better serve the businesses on the south side of Highway 12. He also advised that in light of the County Road 116 project/ MNDOT intended to prepare the intersection at Willow and Highway 12 for future signa1ization. Mr. Benson said that the City of Long Lake held a meeting to discuss this proposal and the Mayor had indicated that he would not approve the layout being presented this evening. Mr. Benson said that Long Lake v^anted to see a frontage road either between Willow and Tamarack or between Willow and Brimhall. Mr. Benson said that the project was being delayed until those layouts were prepared and presented to Long Lake. Acting Mayor Callahan and CounciImembers Nettles and Goetten expressed major concerns regarding a U-Turn capability at Willow. They all felt that that Intersection was dangerous in its present state and that allowing vehicJes to U-Turn would increase that condition. Nettles suggested that MNDOT consider delaying the U-Turn until such time that a stop light was installed. Counci1member Goetten asked Mr. Benson whether MNDOT intended to realign Old Long Lake Road. Mr. Benson said that the proposal presented this evening did not include such a plan, but MNDOT is looking at that as a separate issue. Acting Mayor Cailahan questioned whether there would be a need for the U-Turn if the frontage road were constructed as Long Lake is requesting? Mr. Benson said that there would be no U- Turn if there is a frontage road. Mr. Craig Robinson/ a Design Engineer for MNDOT, said that the U-Turns as preposed would be allowed, but the desired route would be for vehicles to turn left at Tamarack and come around. He said that MNDOT expects that signal lights will be warranted at the intersection of 12 and Willow by the time this project is started. Mr. Steve Pflaum said that he lives just off of Willow Drive and is aware of the traffic at that intersection. He said that there was an existing road that allows access to most of the businesses on the south side of 12 and a stub road could be put in to access the remaining businesses. He also observed that the proposal seemed to be designed more in favor of Long Lake than Oronc, specifically in the number of accesses. He suggested that there be another curb cut to allow for a collector road on the north of Highway 12. Acting Mayor Callahan thanked Mr presentation. Ben son for his MINUTES OF THE OROHO COUNCIL MEETING OF JULY 24, 1939 HIGHWAY 12 SEWER/WATBR IMPROVEMENTS PUBLIC HEARING 7:25 P.N. TO 7:30 P.M. RESOLUTION #2668 The Affidavit of Publication was duly no-ed. City Administrator Bernhard, on explained that this project would include construction of water and sewer trunk improvements from Brown Road to just west of Willow. The City does have a j% petition of the property owners between Brown and Willow. City Engineer Cook provided a detailed description of what the project would entail. Bernhardson said that initially the City understood that there would be four property owners participating in this project. However the property owners tp the west of Willow have indicated that they do not wish to participate. Bernhardson said that the City can still go ahead with the project serving only the property owners between Willow and Brown Road. With regard to the Wear property, the City does have other alternatives for that share of the cost. Mr. Albert Yngve, an attorney for two of the land owners west of Willow, submitted an Objection to Improvement Project. Acting Mayor Callahan read the contents of the Objection. There were no further comments fron’ the public and the public hearing was closed. CounciImember Nettles asked to be informed as to the specific reasons that the Ore. Center Properties objected to the improvement project. Mr. Yngve said that the Partnership objected to the proposal because they d'*d not feel that it was necessary to run the sewer line in an up and down fashion in order to avoid Long Lake. The Partnership preferred to see the City of Orono v.ork with the City of Long Lake. City Administrator Bernhardson explained that the City of Orono had tried to reach a resolve with the City of Long Lake to no avail. Bernhardson pointed cut that if Long Lake had been included in this project, the assessment cost for the Oro’^o Center Properties would have increased because there would have been less units to share in the cost. Bernhardson further stated that the City of Orono had been considering the need for a well and new water tower for quite some time. It was moved by CcunciImember Nettles, seconded by CounciImemLer Goetten, to adopt Resolution #2668, awarding the bid to Albrecht Excavating Inc. for the sanitary sewer and water project on Highway 12, per attachment "C. Motion, Ayes*3, Nays*0, M- -ion passed. MINUTES OP THE ORONO COUNCIL MEETING OF JULY 24, 1989 APPPROVAL OF MINUTES^ It was moved by CounciImember Goetten, seconded by Councilmember Nettles, to approve the Minutes of the July 10, 1989 Regular Council Meeting. Motion, Ayes=3, Nays*0, Motion passed. LAKE MINNETONKA CONSERVATION DISTRICT REPORT Mr. Eugene Strommen was present and distributed information clarifying the bidget requirements for the LMCD for 1990. City Administrator Bernhardson informed the Council that he had received a phone call from an Orono resic'nt who expressed concerns regarding the milfoil harvesting. Acting Mayor Callahan asked why the LMCD was in favor of adding 48 boats to Tanager Lake and a 200' dock extending into Lake Minnetonka in the Wayzata area? Mr. Strommen replied that the Minnetonka Boat Works had sufficient shoreline to facilitate such capacity. He said that the majority of the marinas on Lake Minnetonka have a 1:10 ratio; Minnetonka Boat Works had a 1:14 ratio. As to the 200' dock, the Board felt that due to the unusual configurations of the shoreline, the deep water and the amount of density that area is able to handle that Minnetonka Boat Works-Wayzata would be granted a variance allowing for a 200' dock. Councilmember Nettles asked Mr. Strommen how the LMCD separates the aspect of boat storage from the actual usage of those boats on the lake. Mr. Strommen replied that such a concept applied because the request for additional boat storage was for Tanager Lake. CounciImembr Goetten asked whether future reviews of the marinas would occur if circumstances should change? Mr. Strommen responded by saying that every marina had to renew their license on an annual basis. Should any changes arise during any given year, they would be examined at the time of renewal. Goetten said that she was particularly concerned about safety on County Road 15 near the Minnetonka Boat Works. Goetten said that though the County had installed a cross walk, few pecole were using it. Councilmember Netties asked Mr. Strommen for opinion as to the relationship between the LMCD's jurisdiction over the water and a city's land jurisdiction. Nettles Indicated that he would like to have the LMCD approach the respective city when an application is made so to allow that city to provide input and express its concerns. Mr. Strommen replied that the Minnetonka Boat Works had a review before the Planning Commission wherein it was determined that they met the criteria for parking and other such land criteria. Nettles said that the number of parking stalls required was dictated by a formula based on the number of Doat slips. He said that it disturbed him to see green area turned into parking area. He further noted that the City of Orono has, in the past required residents tc remove pools due to MINUTES OF THE OROHO COUNCIL MEETIMG OF JULT 24, 1989 LMCD REPORT COMTIHDBD excessive hardcover near the lakeshore. Mr. Strommen asked if it would be appropriate in such cases to have an exchange of representatives present at key meetings? Nettles replied that he would like to see something more structured than that; he would prefer to have a written policy. CounciImember Goetten stated that if Orono wished to be more strict than the LMCD, it would have to draft an ordinance that would allow Orono to do its own controllii.g. City Attorney Barrett said that the City could draft an ordinance that would pertain to the City's jurisdiction over land use issues. Acting Mayor Callahan questioned how the ratio of 1 boat per 10' of shoreline came to be? Mr. Strommen replied that the general rule for shoreline ratios is 1:50. The 1:10 ratios was adopted sometime back, after many marinas were already in existence. City Administrator Bernhardson suggested that as part of the LMCD's Comprehensive Plan review that a provision could be made to have the LMCD approach an effected city first for a land use review before going before the Board. CounciImember Goetten said that she hoped that other Lake Minnetonka cities become as strict as Orono in regard to shoreland regulations. Acting Mayor Callahan said that he was concerned about the 20% change in the LMCD budget. Callahan also questioned whether there was any return on money being spent for legal services? Mr. Strommen replied that the prosecution service is generating revenue. Callahan asked whether the revenue exceeded or equalled the expenditure. Mr. Strommen answered in the affirmative. Acting Mayor Callahan then asked for more information pertaining to the Orono resident concerned about the milfoil harvesting. Mr. Strommen explained that a resident on Crystal Bay had indicated that there was quite a bit of milfoil weed that had been cut but not picked up by the harvester. The weed was washing up on his shoreline. Mr. Strommen said that he had talked with the harvester contractor who informed him that weeds were not escaping the harvester in large quantities. CouncLImember Goetten asked about the length of time that Mr. Mlxa will act in a consultant capacity. Mr. Strommen replied that his services would be needed through mid-1990, but the LMCD budgeted for his services to extend to the end of 1990. MINUTES OF THE ORONO COUNCIL MEETING OP JULY 24, 1989 LMCD REPORT CONTINUED It was moved by CounciImember Goetten, seconded by CounciImember Nettles, to adopt the 1990 budget for Lake Minnetonka Conservation District as presented. Motion, Ayes=2, Acting Mayor Callahan, Nay, due to the principle of performing an act which serves no purpose. Motion passed. PUBLIC COMMENTS ^ ^ Mr. Arthur Finkelstein indicated that he was the person that had called the City regarding the Eurasian Milfoil washing up on his shoreline. He said he had seen large masses of milfoil moving with the wind from the south side of the lake to the west part of the lake. The mass was approximately 40' long by 15 wide. Mr. Finkelstein said that he was concerned about what to do with the weed and the possibility of the weed drifting back into the lake and reproducing. Ms. Dorothy Finkelstein echoed Mr. Finkelstein's concerns and added that she would be willing to clean up their shoreline if there was something they could do with the weed. Mr. Strommen said that the LMCD would be looking into this matter further. Acting Mayor Callahan suggested that the City staff look into this matter as well. ZONING ADMINISTRATOR'S REPORT: #1316 GARY BARR 3034 CASCO POINT ROAD VARIANCE RESOLUTION #2664 ^ ^ ^ City Administrator Bernhardson stated that the Council had tabled this item at their July 10, 1989 meeting pending Mr. Barr's application with the City for a conditional use permit for guesthouse use. Bernhardson reported that Mr. Barr had filed an application with the City and that the City staff had inspected the property. Assistant Planning and Zoning Administrator Gaffron said that there was no second unit in the main house. There was no evidence that a stove or refrigerator had existed in the lower level. The garage does have plumbing fixtures on the second level. Ms. Laurie Kleppe, representing Mr. Barr, indicated that there were no further questions or concerns regarding this matter. CounciImember Goetten said that she was pleased to see that the applicant had complied with the City requirements. It was moved by CounciImember Goetten, seconded by CounciImember Nettles, to adopt Resolution #2664, approving the setback variance requested to construct a detached garage. Motion, Ayes-3, Nays«0, Motion passed. MINUTES OF THE ORONO COUNCIL MEETING OP JULY 24, 1989 #1412 MARY PETERSEN 384 MCCULLBY ROAD PRELIMINARY SUBDIVISION RESOLUTION #2665 Ms. Mary Petersen was present for this matter. City Administrator Bernhardson provided a brief review of the application. Building and Zoning Administrator Mabusth noted that a petition had been received by the neighbors against the platting of a future through road (Outlot B). Ms. Petersen indicated that she was opposed to the Planning Commission's recommendation to provide a 10' walking path to access the Luce Line Trail. She noted that there was a 28' vertical drop in the location proposed for this access. Mabusth interjected that this proposal was being considered by the Park Commission on August 1, 1989. Mabusth said that there is currently a gravel driveway that already serves as a Luce Line access for 2 of the lots. Ms. Petersen further stated that she was opposed to Outlot B and would prefer to have the road remain a cul-de-sac. She said that at one time there wa^ a through road and because of the difficulties she experienced with that arrangement, she closed the road. Ms. Sherry Menge asked why it was necessary to have Outlot B? Acting Mayor Callahan explained the City's policy regarding the need to plan for future accesses. He assured Ms. Menge and Ms. Petersen that Orono had no plans now or in the near future to develop a through road. Ms. Desyl Peterson said that the City's reasons for requiring a through road with this subdivision did not apply in this particular application. She asked that the City consider the neighbors reques She said that in the event the zoning should change, there would be a need for that property to come before the City for subdivision approval. At that time, the through road could be dedicated. Mr. Jerome O'Brien also expressed his preference to have Outlot B omitted from the City's requirements. Mr. John Menge said that he was concerned about the future through road creating another access onto McCulley Road. Acting Mayor Callahan said that he sympathized with the neighbors, but r. rinded them that Outlot B is not going to be a road or develops •: this time. Councilmc i Goetten asked City Engineer Cook about the safety of the acw ss onto McCulley Road in the event that Outlot B was to be developed. Cook stated that based on stopping sight distance, McCulley Road was designed for 45 to 50 mph speeds. He said that this would be a safe access. CounciImember Goetten MINUTES OF THE ORONO COUNCIL MEETING OF JULY 24, 1989 ZONING FILE #1412-PETKRSEN CONTINUED said that perhaps this matter should be tabled to allow time for the Park Commission review of the foot path. Ms. Petersen indicated that she would prefer that preliminary approval be given at this time so she could proceed. Councilmember Nettles asked about the degree to which Chippewa Lane was developed. Mabusth replied that there were 10 to 11 residences in that area. Nettles said that Outlet B would be an attractive way for those property owners to access McCulley Road. Ms. Petersen said that those residents were tiie same people who signed a petition opposing Outlet B. It was moved by Acting Mayor Callahan, seconded by Councilmember Goetten, to adopt Resolution #2665, approving the preliminary plat for Mary L. Petersen. Motion, Ayes»=3, Nays = 0, Motion passed. #1416 JEFFREY ECCLES 3025 SIXTH AVENUE NORTH VARIANCE RESOLUTION #2666 Mr. Eccles was not present for this matter. City Administrator Bernhardson explained that the applicant was seeking variance approval to construct a garage in a substandard setback. It was moved by Councilmember Nettles, seconded by Acting Mayor Callahan to adopt Resolution #2666, approving the side setback variance to construct an attached garage. Motion, Ayes«3, Nays*0, Motion passed. #1420 KEVIN NORWOOD 1300 VINE PLACE DENIAL RESOLUTION #2667 Mr. Earl Norwood was present for this matter. City Administrator Bernhardson reported that staff had calculated the amount of the sewer assessment refund to be $5,905.84. There have been no previous cases where the City has refunded such assessments. Mr. Norwood said that he had hoped to build a second house on the property and was now unsure as to what he could do with it. Mr. Norwood further said that his attorney indicated that he would have a good case against the City if he was not forwarned about the inability to build once he combined the lots. Councilmember Goetten said that the City had to be careful in regard to future applications such as this, but she felt that a refund was a fair solution to this matter. City Administrator Bernhardson said this application could RINUTES OF THE ORONO COUNCIL MEETING OF JULY 24, 1989 ZONING FILE #1420-NORHOOD CONTINUED be distinguished from similar applications because Mr. Norwood had requested the construction of a garage and was leo*aHy required to combine the lots which precluded him fro.^ subdividing. It was moved by CounciImember Nettles, seconded by Councilmember Goetten, to adopt Resolution #2667, denying the lot area variances requested for a subdivision of 1300 Vine Place. Nettles also moved to refund the appropriate amount for sewer assessment plus interest to Mr. Norwood. He further directed staff to draft a resolution in that regard. Motion, Ayes*3, Nays®0, Motion passed. ACCESSORY STRUCTURE ORDINANCE It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to table this item until the August 14, 1989 Council Meeting, due to a 4/5th vote being required. Motion, Ayes»3, Nays«0, Motion passed. ENGINEER'S REPORT: BIGHNAY 12 SEWER/WATER PROJECT RECEIPT OF PETITION AWARD OP BIDS RESOLUTION #2668 ORDERING PROJECT (Item #3 above) MAYOR/COUNCIL REPORT: Mayor Grabek had asked Bernhardson to report that there had been comments ptinted in the paper from the Long Lake Council Meeting pertaining to the Long Lake sewer plant property. Grabek had a different understanding of the progress. He asked Bernhardson to convey to the Orono Oaks residents that he would be happy to meet with them to discuss this matter. CITY ADMINISTRATOR'S REPORT: COUNTY ROAD 51 PARKING City Administrator Bernhardson requested that this Item be tabled to the August 14, 1989 Council meeting. It was moved by Acting Mayor Callahan, seconded by Councilmember Nettles, to table this item until the August 14, 1989 Council meeting. Motion, Ayes=3, Nays*=0, Motion passed. HOME OCCUPATION LICENSE 2620 KELLY AVENUE Mr. and Mrs. Pritchard were present for this matter and addressed the concerns of the City regarding his home occupation. He also presented a petition that had been signed by 24 of his neighbors indicating that they had no objections to his occupation. Mr. Pritchard said that he had operated this business for six years and was required to obtain and renew his license annually with the State of Minnesota. Be said that he MINUTES OP THE ORONO COUNCIL MEETING OP JULY 24, 1989 HOME OCCUPATION LICENSE-2620 KELLY AVENUE CONTINUED had 2 distributors that met with him for approximately 1 hour between 8:00 and 9:00 a.m. every day. He believed his business generated less traffic than that of persons selling Amway or Tupperware products. He said that he has no commercial signs and has only two chest freezers that he uses to temporarily store the frozen food until it is picked up by his distributors. The vehicles used for distribution are taken home by the distributors with the exception of two trucks that he parks in his driveway. He said that an unusual situation occurred last winter and he had 6 trucks parking in his driveway. Since that time he sold 2 trucks and has only a total of 4 trucks. He said that he would only require an office for 2 hours a day which world not be feasible. CounciImember Goetten asked whether there were any other concerns expressed by the Building Inspector^ Mabusth replied that Mr. Pritchard had addressed each of the specific concerns. She said that the City's Ordinance prohibits a home occupation from having employees and from storing an excessive amount of inventory. Mr. Pritchard's business violates both of these standards. She said that the Ordinance does not deal specifically with this case. City Administrator Bernhardson said that the questions are whether the Home Occupation Ordinance incorporates the general policy of the City and whether Mr. Pritchard meets the standards of the current Ordinance. Bernhardson said that Mr. Pritchard does have delivery trucks coming and going and his business is very noticeable. CounciImember Nettles said that the violation of the Ordinance was that the business was visible from the street. CounciImember Goetten said that she would be willing to approve this license if Mr. Pritchard could alter his business to conform to the Ordinance. She said that the traffic concerned her. Mr. Pritchard said that he would try to minimize the amount of traffic. Acting Mayor Calla^ion said that approval in previous cases such as this have "come back to haunt the City". Bernhardson also explained the precedent setting danger if this application was approved. It was moved by Acting Mayor Callahan, seconded by CounciImember Nettles, to deny this Home Occupation application for 2620 Kelly Avenue. Bernhardson suggested that Mr. Pritchard be allowed a grace period of 120 days to find another alternative tor his business. Motion, Ayes*3, Nays»0, Motion passed. HIGHWAY 12 SAFETY IMPROVEMENT City Administrator Bernhardson requested that this item be tabled until such time that further information is received back from the Minnesota Department of Transportation. 4,4 MINUTES OF THE ORONO COUNCIL MEETING OF JULY 24, 1989 HIGHWAY 12 SAFETY IMPROVEMENT CONTINUED It was moved by CounciImember Goetten, seconded by CounciImember Nettles, to table this item until the August 14, 1989 Council meeting. Motion, Ayes=3, Nays«0, Motion passed. PRIVATE DRIVEWAYS, ROADS AND PUBLIC ROADS CounciImember Goetten said the City needed to define its policy regarding private and public driveways, roadways. It was moved by Acting Mayor Callahan, seconded by CounciImember Nettles, to accept the information presented, congratulate the author, and table this item for further discussion until either the August 14, 1989 or August 28, 1989, Motion, Ayes»3, Nays~0, Motion passed. 1990 BUDGET RESOLUTION City Administrator Bernhardson explained that the City had to meet an August 1st deadline. The City has Identified a levy and expenditure and does not anticipate exceeding that amount. By the 15th of August, the maximum levy must be set. It was moved by Acting Mayor Callahan, seconded by Counci Imember Goetten, that the Council establish $1,514,658 as its maximum tax levy (levy limit base plus special levies) together with establishing $2,925,000 as a maximum General Fund expenditure amount for 1990. These amounts may be amended downward should the City choose by its budget process to so revise, and these amounts are subject to change should the State alter the property tax system for 1990. Ayes»3, Nays«0, Motion passed. TRANSFER OF FUND BALANCE RESOLUTIONS #2669 AND #2670 It was moved by Acting Mayor Callahan, seconded by CounciImember Nettles, to adopt Resolution #2669 transferring the Emergency Contingency Account assets and fund balance from the General Fund to the Permanent Improvement Revolving Fund, effective August 1, 1989, and to adopt Resolution #2670 transferring $1,905,000 from the General Fund to the Building Outlay Fund for buildings capital outlay; and to credit the interest earned in the Building Capital Outlay Fund to the General Fund as a budgeted source of revenue. Motion, Ayes*=3, Nays«0, Motion passed. JOH^’ HOLLANDER Mr. Hollander was not present for this matter. Acting Mayor Callahan requested that in the future items such as this appears under the "public comments" section of the agenda. MINNESOTA CYCLE TOUR Ms. Shares Marcus and Mr. Dennis Smith were present to address the City's concerns that resulted from the previous bike tour that occured in the spring. The problems arose due to the MINUTES OF THE OROHO COUNCIL MEETING OF JULY 24, 1989 MINNESOTA CYCLE TOUR CONTINUED construction on County Road 19 and an increased number of riders. Mr. Smith said that the number of riders for previous tours had never exceeded 1500, but the last tour had approximately 3000 people. He said that measures would be taken to pre-register for this next tour and no more than 2000 participants would be allowed. The start of the race will also change there will more of an even flow of riders throughout the tour. In addition, a command center will be established for the purpose of communicating with the area police and the volunteers. There will also be an increase in the number of volunteers. CounciImember Goetten relayed her experience and disappointment with the previous race. She said that it appeared as though there was no supervision. She said that she would rot be inclined to approve the license. Gcetten said that she observed 4 to 6 cyclists riding abreast and felt that was a very dangerous condition for motorists, as well as the cyclists. Police Chief Kilbo reported the concerns of the Police Chiefs of Wayzata, South Lake and Minnetrista Police Departments. Kilbo said he was concerned about the ability to control that number of riders, and said that he would like to have $300.00 paid in advance to cover overtime wages that will be needed. In addition, adequate signage would need to be posted. Kilbo believed that 2000 cyclists were excessive. Mr. Smith reiterated that there had been no problems with previous rides consisting of 1800 cyclists. Acting Mayor Callahan did not believe it was good policy to have outside forces controlling the activities that occur within the City. CounciImember Nettles suggested issuing bibs with numbers to each rider. The number on the bib would correspond with the registration Information pertaining to that rider. This would allow the Police Department to issue citations to riders that violate the law. Nettles suggested tabling this matter pending receipt of an application. He suggested that the applicants meet with the Police Chiefs and have the volunteers schooled properly. Mr. Smith said that he had no objections to any of the recommendations that had been called for. CounciImember Goetten indicated that she would not be willing to vote favorably no matter what steps were taken on behalf of Wheels and Spokes, Inc. CounciImember Nettles said that provided the Chief of Police Indicated that the tour could proceed safely, he would be willing to approve the license. Acting Mayor Callahan expressed his reservations about Mr. Smith and Ms. Marcus being able to meet the criteria being called for by the City and the various Police Departments. He said he Ik. ,: «... . «.,.K MINUTES OF THE ORONO COUNCIL MEETING OP JULY 24, 1989 MINNESOTA CYCLE TOUR CONTINUED would have to see that each of the specific items were carried out well in advance of the day the tour is scheduled. It was moved by Acting Mayor Callahan, seconded by CounciImember Nettles, to table this matter until the August 14, 1989 Council meeting. Motion, Ayes«2, Goetten, Nay, Motion passed. LIQUOR ORDINANCE-RECONSIDERATION CounciImember Goetten stated that she was opposed to the sale of intoxicating liquor on the 4th of July. It was moved by CoanciImember Goetten, seconded by CounciImember Nettles, to repeal the Ordinance allowing the sale of liquor on July 4th. Motion, Ayes=l, Nays=2, Motion failed. FACILITIES MEETING - COUNCIL/PLANNING COMMISSION* Staff is continuing to find a date that is amenable to everyone. SEASONAL EMPLOYMENT-GOLF COURSE* It was moved by CounciImember Goetten, seconded by CounciImember Nettles, to employ Donald Yeager and Fred Abrahamson as temporary employees at the Orono golf coutse effective July IS, 1989, at a rate of $4.50 per hour. Motion, Ayes»3, Nays*=0, Motion passed. COMPENSATION ADJUSTMENT-TOM KUEHN* It was moved by CounciImember Goetten, seconded by CounclImember Nettles, to adjust Finance Director Tom Kuehn*s compensation to Step III Level 12 at $22,487 per hour effective June 14, 1989. Motion, Ayes«3, Nays“0, Motion passed. COMPENSATION ADJUSTMENT-TOM JACOBS* It was moved by CounciImember Goetten, seconded by CounciImember Nettles, to increase Toro Jacobs' salary from $15.62 to $16.09 per hour effective July 1, 1989. Motion, Ayes*3, Nays«0, Motion passed. COMPENSATION ADJUSTMENT-JAMIE BOSMA* It was moved by CounciImember Goetten, seconded by CounciImember Nettles, to increase Jamie Bosma's salary from $7,946 per hour to $8.39 per hour effective July 1, 1989. Motion, Ayes*3, Nays*0, Motion passed. COMPENSATION ADJUSTMENT-CAROL BANSING* It was moved by CounciImember Goetten, seconded by CounclImember Nettles, to increase Carol Hanslng's salary from $8,907 per hour to $9,418 per hour retroactive to April 12, 1989. Ayes*3, Nays-O, Motion passed. MINUTES OF THE ORONO COUNCIL MEETING OP JULY 24, 1989 ADMINISTRATOR'S INFORMATION Cou"'iImember Goetten expressed her disapproval for a Hennep■ -nty Truck Routing Station. It . moved by Counci Imember Goetten, seconded by CounciImember Nettles, to accept the City Administrator's Information regarding: Crystal Bay Road; St;ibbs Bay Informational Meeting; Highway 12~Long Term Improvements; Hennepir County Truck Routing Station; Telephone System Status; and Regional Transit Board Nomination. Motion, Ayes=3, Nays=0, Motion passed. CITY ATTORNEY'S REPORT: City Attorney Barrett requested an Executive Session. LICENSES* It was moved by CounciImember Goetten, seconded by Councilmember Nettles, to approve the following license: Special Event: Foot Race - Long Lake Corn Days Minnesota Distrance Running Association August 13, 1989 12: - 1:00 p.m. Mot'on, Ayes=3, Nays^O, Motion passed. BILLS* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to approve payment of the All Funds Accounts. Motion, Ayes=3, Nays=0, Motion passed. EXECUTIVE SESSION - 10:25 P.M. City Attorney Barrett requested that the Council go into an executive session at 10:25 p.m. ADJOURNMENT 10:34 P.M. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to adjourn the Regular Council Meeting at 10:34 p.m. Motion. Ayes*3, Nays=0, Motion passed. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr, 8989.3 TO: Mayor and City Council PROM: Mark E. Bernnardson, City Administrat DATE: August 9, 1989 SUBJECT: John Hollander/Request to Speak to Council ^C14 1989 wi-ofaww Mr. Hollander was ill and unable to attend the July 24th Council meeting. He requested that he be placed on the August 14th agenda. 71339.6 '/f iyor and City Council Mark E. Bernhardson, City Administrai 1989 SUBJECT: Mr. John Hollander/Request to Speak to Council Attachmonts: A. John Hollander Letter Dated 5/23/89 B. City of Orono Letter Dated 6/30/89 C. City of Orono Letter Dated 7/11/89 ISSUE - Making available to Mr. John Hollander the opportunity to speak to Council on issues of concern to Mr. Hollander. INTRODUCTION - As noted Mr. Hollander requested the opportunity to speak to the Council at the July 24, 1989 meeting. Attachment C outlines perhaps some of the issues he may discuss although Mr. Hollander has not specifically outlined what issue he will choose to speak to Council about. ALTERNATIVES - 1. Acknowledge. 2. Table for further discussion. 3. Direct staff to research specific issues. RECOMMENDATION - It is recommended that the Council, after Mr. Hollander has had an opportunity to speak, direct staff on any issues that they would choose to have more information on. PROPOSED MOTION - Moved by _, seconded by _, that Council direct staff respond on issues they desire more information. Ayes _, Nays _ . cci Mr. John Hollander, 200 Hollander Road, Wayzata cirv QF QRaWCB 4tt-mhhicot ® CITSr of OKOAO Post Onic* Box 66*Cry«Ul Bay, Minncsou 55323• Municipal OfSca. On the North Shore of Lake Minnetonka TO: John Hollander FROM: Dorothy Hallln, City Clerk DATE: June 30, 1989 SUBJECT: July 24, 1989 Council Meeting This is the reminder that you had requested in regard to your appearance before the Council at their July 24, 1989 meeting. Please notify Mark Bernhardson, City Administrator or myself at 473-7358 before July 12, 1989 if you wish to be placed on the July 24, 1989 agenda. cc: Mark E. Bernhardson, City Administrator BUILDING a ZONING - 473*7317 ASSESSING administration a finance - 473-7353 PUBUC WORKS - 473-73S9 .err tv- . . , i cnrvr ae ^ OFraNO CITl ^ Post OCBcs Box 66•Crystal Bay. Mianssota 55323• Municipal Officaa On thM North Shore of La’* Minnetonka July 11, 1989 Mr. John Hollander 200 Hollander Road Wayzata, MN 55391 Dear Mr. Hollander, On May 23, 1989, you hand delivered a letter to the City indicating that any further intrusions on your property by City Inspectors would be considered to be trespassing by you. The staff has been instructed not to proceed onto your property without specific invitation from yourself or an appropriate search warrant for probable cause. The Cit^ may however continue to make observations from other properties abutting youvs. In our discussion on the 23rd you indicated that you had complaints regarding the wood and tractor storage at 2o0 Hollander Road and also the fence at 335 Hollander Road. I have requested that these be reviewed by the staff and it is ray understanding to the extent that wood is not stacked against the building on the property and is stacked in an orderly manner, such as a firewood stack, it is acceptable. Regarding the tractor, the tractor may only be stored within a building or screened from puDlic. (Please see the attached ordinance section.) Regarding the fence at 335 Hollander Road, the location of the fence is such that it does not present a set-back problem. A six foot high fence is allowed on the side and rear yards behind the front yard line. The problem in your case was a fence request across the front of the property, where such a fence would not be allowed without a request for a variance. In our discussion you also indicated your interest in forming an Orono Homeowners Association. The two issues you indicated were of concern were; development on Willow and Highway 12. You stated that you were not really sure what the issue was on Willow Road, however you did indicate that the concern on Highway 12 was the City's condemnation of Property for a re routing of Highway 12. I reviewed this issue with Mr. William Crawford of MnDOT District 5. He has indicated that selection of BUILDING a ZONLNG - 47 3 7 337 ASSESSING administration a finance - 473-7338 PUBUC WORKS - 473-7339 Mr. John Hollander July 11, 1989 Page 2 the corridors to be studied, the actual selection of a corridor and the eventual acquisition of right of way, should addii.ional right of way be needed, are all responsibilities of the Mir/u^sota Department of Transportation and are not decisions that will be made by the Orono City Council. You did ask whether you would be able to use the Council Chambers for such a meeting. Please contact Dorothy Hallin to make arrangements for such. Finally you had requested an address listing of all city voters. You may do this by contacting the Hennepin County Elections Department at 348-5103 for the list. They can give you the amount that listing would cost. Cit\ MEE/dh Chief Kilbo Jeanne A. Mabusth, Building & Zoning Administrator Enclosure s 10.60 . odorous or solid matter of such quality and quantity as to be readily detectable at any point beyond the lot line of the site on which the use is located. Subd. 7. Vibration. Any use creating periodic earth- shaking vibrations, such as may be created from a drop forge sha^l be prohibited if such vibrations are perceptible beyond the lot line of the site on which the use is located. The standard shall not apply to vibrations created during the process of construction. Subd. 8. Glare or Heat. Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site on which the use is looted. Lighting in all instances shall be diffused or directed awav from "R" Districts and public streets. Subd. 9. Explosives. Any use requiring the storage, utilization or manufacturing of products which could detonation shall be located not less than 400 feet from any District line. Subd. 10. Screening Required. Screening shall be recruired in residential zones where: A. Any off-street parking area which contains more than four parking spaces and is within 30 feet of an adjoining residential lot line, and, B. Where the driveway to a parking area of more than six parking spaces is within 15 feet of an a joining residential lot line. Subd. 11. Screening, Type of. The screening requited herein shall consist of a solid fence or wall le®®^ not less than four feet not mote than five feet in height but shall not extend within 15 feat of any street or driveway opening onto a street. The screening shall be placed along the in case of screening along a street, 15 feet . nianfcina^ of-wav with landscaping (trees, shrubs, grass and other planting) between the screening and the pavement. . a type considered solid if it blocks direct ° iced inapproved by the Planning Commission may also be requireo addition to, or in lieu of, fencing. Subd. 12. Maintenance. In all f so structures, required landscaping and fences shall be maintained as not to be unsightly or present harmful health or safe y conditions. Subd.--:'13.'^Exterior ‘Storage -in -"R" -Districts. In Districts, all mobile materials and equipment shall be stor ORONO CC (4-1-84) 4». . -/• .• S 10.60 within a building or fully _screened to be visible fromwithin a except boats and unoccupied trailers lessadjoining properties, except D commercial pur^Ul'tr.tV'red^^tllhe re« ^ the house and a distance of 10 feet or more from any property line. Source: Ordinance no. 172 Effective Date: 1-1-75 Subd. 14. waste Materials. Waste washed into the Public^atorm H%o £rom the permanent operation and wix- not c solid form rather than adjacent land. Snould lllated and fenced as to be fluid, the storage area sha districts, all waste material, removed from public view Materials not currently in use for debris, refuse, 9«bf9e' g^all le kept in an ss=VariaS,°oTp'o,'»y 1“ „ UJ 1C nrainaae No land shall be developed and _ no use shall be'per>itted ruSoll shall"! or other suitable facility. use Shall fe^"ha!n®;ii«l -d !!!I!gr«sllen^trars^ rhll\ bVlocated"'Sith!n"^^^^^^^^ W two intersecting street right-of-way lines. Subd. 17. ®®‘^^®g^°"ijo®!ctivity beyond*^enclosed areas. trsKM Sv‘?,s the disturbance. SBC. 10.61. SPECIAL PROVISIONS regulations: ORONO CC (4-1-84) —% *t* . r* •.A. - ^-rrr- Proms Date: SubjcJt: Mayor Grabek & Orono Council Members City Administrator Bernhardson COUNCIL MEETING Jeanne A. Mabusth, Building & Zoning Administrator Ay6l41989 CITY OF ORONOAugust 1, 1989 #1331 Metropolitan Waste Control Commission, 3290 North Shore Drive - Final Subdivision - Resolution The applicant has fulfilled all conditions of Resclution #2512 that granted preliminary approval of the subdivision. In addition the applicant has submitted all the necessary drawings and covenants requested by the City in that s£une resolution. The enclosed resolution has been drafted for your consideration and action. A RESOLUTION APPROVING THE PLAT OP MOELLER'S ADDITION FILE NO. 1331 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a plat by the Metropolitan Waste Control Commission, and agency of the Metropolitan Council (hereinafter "the subdivider"); and WHEREAS, the intent of the subdivision is to create an outlet for a future pumping station, the remaining residential lot has been found to meet all of the standards of the LR-IC zoning district finding that it is of a size and configuration that would allow its continued use for single family residential use without the need of any variances; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including; 1. Completion of all the requirements of Resolution #2512. 2. Execution of a restrictive covenant to be filed against Outlot A limiting the use of the outlet for public utility purposes by the applicant. 3. Granting of an access easement to the applicant by the owner of Lot 1, Block 1, Moeller's Addition. 4. Payment to the City for the legal review and filing of the plat, easements and covenants in the aunount of $150.00. NOW, THEREFOR/:, BE IT RESOLVED that the City Council of the City of Orono hereby approves the plat of Moeller's Addition, Hennepin County, Minntsota, subject to the condition that the aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder’s Office or the Registrar of Titles' Office on or before February 14, 1990 together with a certified original copy of this resolution, easements and covenants noted above. Page 1 of 2 The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event/ it will be necessary to file a new application with the City of Orono for subdivision review. Dated this 14th day of August, 1989. ATTEST: Dorothy M, Hallin, City Clerk James R. Grabek, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of August, 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 Tj r'v . • cmf OF ORQNa City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. _ 2512_________ A RESOLUTION GRANTING PRELIMINARY APPROVAL OF THE PLAT OF MOELLER'S ADDITION APPLICATION NO. 1331 WHEREAS^ the Metropolitan Waste Control Commission hereinaftei "applicant", on August 25, 198r filed a Class II subdivision application with the City of Orono, hereinafter "City", for approval of a two lot plat of a property legalIv described on Exhibit A, attached to this resolution and hereinafter referred to as "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 Occober 3, 1988, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on October 10, 1988, the Orono City Council considered the subdivision application of the applicant, noting the following findings of fact: 1. The property is located within the LR“1C-1 Lakeshore Residential Sub-district requiring a minimum of 1/2 acre. 2. The property contains a total of approximately 31,177 s.f. or .71 acres. Lot 1 consists of 28,083 s.f. and Outlet A equals 3,099 s.f. 3. Outlot A is intended only for public utility purposes by the applicant and is not intended for residential development. The approved use of this outlot will hereafter be restricted by an appropriate restrictive covenant filed against the chain of title of the outlot. 4. Access to existing properties and the outlot shall remain via the existing private drive along the west boundary of the property. 5. A single family residence already exists on Lot 1 and is not intended for new residential construction at this time. 6. The existing residence on the lot meets the required setback from the proposed shared lot lines. NOW, THEREFORE BE IT RESOLVED, that based upon either one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application for the Metropolitan Waste Control Commission per plat drawings by Ernest G. Rud of E.G. Rud & ^ons, Inc., Land Surveyors, dated July 19, 1988, and further grants a variance to the continued use of a private driveway for access to the "®wly createa outlot and existing residential lots.- subject to the following conditions. Page 1 of 3 CITY OF ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2512 1. Prior to the issuance of a building permit for the construction of the lift station, the final plat must be filed with either the Hennepin Recorder's Office or the Registrar of Titles Office. 2. 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. The applicant is hereby advised that approval of the preliminary plat is for one year from the date of Council's approval, October 10, 1989. Final Plat Submitt.als A) RECORD PLAT drawings in the form two (2) mylar copies and one (1) copy reduced to 1"=»200'. Drawing to include; 1. Lot lines platted per preliminary survey. 2. Dedication of "drainage and utility easements'* around Lot 1, Block 1, 10' wide along all perimeter property lines and 5' each side of internal property li.ies. B) LEGAL DOCUMENTS required: 1. Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. 2. The applicant must provide certified copies of all recorded easements currently affecting the property. 3. Creation of a restrictive covenant to be filed against the chain of title of the outlot that would specify the exclusive use of the outlot for public utility purposes by the M.W.C.C. The easement should be submitted in a fully executed form, for filing by the City with the plat documents. 4. Executed access easement granted to M.W.C.C. by cv^cr of Lot 1, Block 1, Moeller's Addition. C) FEES TO BE PAID: Total Due $150.00 1. Filing plat and associated easements at $150.00. Page 2 of 3 CITY OF ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL 2512 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 10th day erf October# 1988. 12/Ca/S" . Page 3 of 3 rr i} u RESOLUTION =2512 L ATTACHMENT A Legal Description; The West 15.7 feet of the East 539 feet of that part of Government Lot 1, lying North of Road, all in Section 8. Township 117, Range 23, and all that part of Lot 1, Section 8, Township 117, Range 23 described as follows: Commencing at a point where a line drawn parallel with and distant 539 feet West of the East line of sard Section 8 intersects the Northerly line of County Poac known as Markville and Maple Plain Road? then-e Morth parallel with said Section line 556.0 feet to the shore of Maxwell's Bay, Lake Minnetonka; thence Southv'esterly along the shore of said lake 188.78 feet to a point which is 710.1 feet West of said Section line and also the Northeasterly corner of land con veyed by Deed recorded in Book 488 of Deeds, page 237; thence Southerly along the Easterly line of land so deeded 400 feet to the Northerly line of said County Road, said point being 724 feet West of the Section line; thence Southeasterly along said County Road to the point of commencement, except the West 70 feet thereof. Said 70 feet being measured at a right angle from the Westerly line thereof, except that part of the entire above described premises lying North oZ a line drawn at right angles to the East line of said Section at a point 494.5 feet South of the Meander corner on the East line of said Section, said last described line being desiorated as line "A", and e-.i.jpt that part of the entire abo-’e described premises lying North of a line drawn at right angles to the East line of said Section to a point 394.5 feet South of the Meander corner on the East line of said Section. Also the West 15 feet of the above described premises lying Southerly of the above described line "A". I*- Tv«- <-S STATE OF HIMMESDTA ) ) COUNTT OF HENMEFIK ) ) CITT OF ORONO ) I Dorothy H. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on_ _ _ _ _October 10_ _ _ _ _ _, 19 88 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 18th_ _ _ _, day of _ _ _ _October_ _ _ _ _ _ _ _ _ _ _, 19 88 OoFothy allin. City Clerk (SEAL) f ■ II » ; / i r 1' iteMiii o o ®**»*Bm# 7 fl424 Nindward Narine AU614 1909 Additional Coanents ft Planning Coomiasion Recoimendj August 4, 1989 Page 6 W«row» Additional List of Exhibits - Exhibit Y - Drainage Plan and Plans showing ponding and terming area between lake and parking lot Exhibit Z - Notice of Planning Commission Action Exhibit AA- Hennepin County Report 8/3/89 Planning Conission RecciiiBndation of Approval - Approval is subject to the following conditions: 1. That applicant's access proposal be approved by Hennepin County Transportation Department. 2. That applicant provide a site plan that shows design grades for the project. 3. That applicant provide plans showing ponding and berming area between lake and parking area. 4. That applicant provide automatic sprinkler system in accordance with State Building Code as well as special fire suppression system. 5. That access points be defined with curbing per the City Engineer's recommendation. In event the applicant receives a favorable decision from the Courtsr that he provide the area in question with green area. 7. Soil erosion control be provided and maintained throughout the project until permanent erosicn control is in effect. 8. Th the remaining concrete be removed from the boat launch area and that it be restored to green area. Applicant has provided the following: 1. The site plan that shows the grades and drainage for the project. 2. A plan showing the pond and berming area and a detail of the baffle weir (see Exhibit "Y"). 3. City staff has met with Hennepin County Transportation Department and together reviewed the access. Hennepin County Transportation Department has given preliminary approval# stating that the access proposed is in a much safer location than the #1424 Kmdward Marine Additional Comments & Planning Commission Recommendation August;. Page-7’ existing access as it exists now. Applicant should apply for an access permit from Hennepin County. O 1 »« 9 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.41, SUBDIVISION 5, SECTION 10.41, SUBDIVISION 7 (A) 3, SECTION 10.41, SUBDIVISION 9 (B), SECTION 10.41, SUBDIVISION 10 (D) AND SECTION 10.41, SUBDIVISION 10 (C) FILE #1424 WHEREAS, James P. Rivers of Windward Marine, Inc., (hereinafter "the applicant") is the owner of the property located at 1444 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property"); and WHEREAS, on October 5, 1988, the City approved a commercial site plan and multiple zoning variances for the major upgrading of the commerial marina involving improvement on both the Tanager Lake and Brown's Bay sides of the lake. The applicant has completed the proposed improvements on the Brown's Bay side and has filed a revised commercial site plan and a variance application seeking multiple variances for the relocation and construction of the commercial building on the Tanager Lake sid » that wouid require the following variances: A,Section 10.41, Subdivision 5 - Required parking stalls Required * 77 stalls Existing » 76 stalls Proposed =» 73 stalls Variance * 4 stalls or .05% (Parking area separated by public roadway - Tanager Lake side « 47 stalls; Brown's Bay side « 26) Section 10.41, Subdivision 7 (A) 3 - Variances sought to the required 10' landscaping buffer adjacent to roadway. Required « 50' (maximum allowed break in landscaping for access purposes) Proposed » 60* Variance ■ 10' or 20% Page 1 of 7 ■'W C) Section 10.41, Subdivision 9 (B) - Lakeshore setback required for commercial structure. Required - 75* Existing ■ 55* Proposed ■ 29* Variance ■ 46* or 39% Required side yard setback for commercial structure. Required * 10* Existing « 14* Proposed * 5* (south side yard - adjacent to commercial zone) Variance - 5* or 50% D) Section 10.41, Subdivision 10 (D) - Hardcover variance is required for new construction. Tanager Lake Side: 0-75* Setback Area - 9,000 square feet Allowed * 0* Existing * 8,720 square feet or 96.8% Proposed ■* 6,076 square feet or 67% (Application #1263 - hardcover proposed at 6,376 s.f. or 70%) 75-250* Setback Area - 9,700 square feet Allowed * 25% Existing - 9,700 square feet or 100% Proposed « 8,810 square feet or 90% (Application #1263 - hardcover proposed at 9,110 s.f. or 94%) Total reduction on Tanager Lake side of 3,534 square feet of hardcover (Application #1263 - total reduction in hardcover 2,934 s.f.). HOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: 1. FIHDIH6S This application was reviewed as Zoning File #1424. 2. The property is located in the B-2 Lakeshore Commercial Business District. 3. The Orono Planning Commission reviewed this application on June 17, 1989, and recommended approval of the proposed variances and commercial site plan as proposed based upon the following findings; o Page 2 of 7 » , o A) The total hardcover removed as a result of these improvements will be 3,534 s.f. or 19%. B) The removal of the two existing commercial structures and the replacement of just one structure at 4,500 s.f. as originally approved in Application #1263 will result in a less intense commercial use of this severely limited property. C) The amended proposal will provide far more green area than the original site plan approved with Application #1263. D) The applicant has proposed better treatment of drainage and run-off with the cunended proposal. E) The amended proposal provides the removal of 600 s.f. of additional hardcover than was required to be removed with original land use application #1263. F) The property has sustained a marina use for over 25 years. 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 we.' 'f the community. 5. The City Co 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 3 of 7 o CORCLUSIOHS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants approval of the above referenced variances to permit the relocation and construction of a commercial structure of 4,500 square feet at the property known as Windward Marine, Inc., and in addition, grants approval of the commercial site plan based on plans drawn by Rutledge Construction, Job #J 8060, revised date 6/14/89, subject to the following conditions: 1. Prior to issuing a building permit for the commercial structure and/or issuing a demolition permit for the razing of the existing structure, the following must be completed by the applicant: a) Approval by the City Engineer of final grading and drainage plans for the relocated parking area. b) Applicant shall submit a Developer’s Agreement with a Tietter of Credit written at 150% of the cost of the required improvements to ensure the completion of the landscaping and site Improvements required by the City as a result of the upgrading of this property. 2. All green-space areas to be planted or restored per sice plan by Rutledge Construction, Inc., revised date 8/3/89 - entitled "Drainage Plan". This area includes the 5* buffer along the north and south lot lines adjacent to the residential and commercial properties, the former boat launch area in the southwest corner of the property. 3. Payment of two SAC units at $1,100.00 ($550.00 per current unit charge) with the building permit for the construction of the commercial structure. 4. The 4,500 square foot commercial structure must be provided with an automatic sprinkler system per State Building Code, Appendix E. 5. Appropriate soil erosion control program shall be maintained through the entire project and until permanent erosion control is in effect. 6. Applicant shall provide six "year-round” parking stalls within the proposed parking area to ensure adequate customer parking tpace during winter boat storage months. o Page 4 of 7 P': € 7. Th^ Hennepin Department of Public Works has approved the reloci tion of the curb cut, subject to the following conditions: a) New entrance to be defined by bituminous curbing. b) Existing entrance should be saw-cut or curbed 6-10* from the edge strip from County Road 15. c) New driveway to be between 28-36* wide with 20* radii and shaped to maintain existing drainage pattern. d) An engineer*s drawing reflecting these requirements should accompany the permit application to the County. 8. 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 approv«il, or this varxance will expire on that date (August 14, 1590). 9. 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. 10. 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 5 of 7 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 14th day of August# 1989. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) STATE OP MINNESOTA COUNTY OF HENNEPIN ) SS. ) The foregoing instrument was acknowledged befor# M this 14th day of August, 1989, by James R. Grabek & Corothy M Hallin, Mayor & City Clerk of the City of Orono, a Minnasot municipal corporation and said instrument was executed on bahClf of the City. - ' Notary Public My Commission Expires o Resolution 2 EXHIBIT A T»... ^ rLLJ.i.mit IM I w*ion II ToMflilo It7 «*iwt 23. dfiCTlbfd u follow: Caiwicing it tfl* conw on tft* Hor^ lin* 2*' O Lit nortn im* of sold Go«™t Lot 1 u ooirin. East «•«» * dtstanct ^ « -ooint A-: tntoct contlmiifw SouM 10 doqre** Utt t diitwet of 117.65 foot M Wo ictuol 67 doortts « B?nutei »#n to tno inor« lln# at Unt<;tr L«t: t-rtflct fiortflfriy tlong uld snort I In* to t lint 2Srf^t^s!!™*Sint A-; ^tnc* norm 67 ai^rt** ^6 tinutts *4ft to tn# inor* lin* of Ut* HInottooM: •ntfict^Soutntr'r liono tn* inor* lln* of Lot* Minntion** to • lln* otorind to'^’i 67 d*7r»*i ^6 S^S 67 0«^$ « *inui*i w*it to tn* ictuol oo.nt of S*dinnind: w.icn U«s «rtn%*jt*rir of « lln* flr*-n S!^nM«*Sy fri’LTnorv.^jt.rly lln* <no Its **t«mon* of tn* «oov* o.jcric*o trict. sceorcing to tn* wnr.y tn.rtof. n,., fl/iu*rnQ»nr Lot t «*c-ion M To»njmo M7. a«io* 23. atscriOM IS follows: CztMtneinq it tn* t^inotr cam*r on tn* Nortn lln* of c.Aia *iiisrmanr Lflt I* •-toct*siiiT 10 c4St (iSSiAinq tnt Nortfl lint of S4:i ijjttrnatnt Lot t 4S Ottrrn^ £j$t wfl wtsii 4 Oiitanct of SJ 2r^?IirS *15.« n*;^^!nir?;i^ ri?*?^2rto VAoinl A--\,,rca conttnuind Soutn .0 o*dr**s £jst ijlitanc. of^ w hTitnuijm- fnanj-« ^Aur*i 47 dMrMf 48 ainutts wtst to tnt snort lint of •4/uqtr list; tntnct ncrtntriy ilooQ S4id snort lint to 4 ilnt ffi^f^oi^s^S A-rtn^#~^ «7 fl«ir*.s « oinutes !ist to tn* snor* l.n* of LiM. Mlnn*ton*i: tn«»c**Soucn*r|y lion* tn* snor* lin* of Li** Mlnnttc to • lln* tairind Nortn 67 d*?r**i jd ainutot Cist fn» tn* ri-nra $oucn 57 e*<ir**s ainutts w*st to tn* ictu4l .wint of OOd'^nnind: *xc*ot tn*t ;irt of tn* loov* o*scrjo*o trict unicn lit* no .j ^ ^^"inroriwn tirill*! *itn ino 65 f*«t Soui:i*isc*rly tn* f«rtn»*st*rtr lin* ino jU **t*nsions of tn* ii»v* a«scrio*a trie-, iccomind to W* do»*rm*nt Surv*y tn*r*of. ...... r That oart of Goy*rr**nt Lot 1. S«xlon M. To-nsnio t17. Unqa 23. 0«crl6*d It ctawneing It tT.* ■*«no«- com*r on tn* of Mid ■ rrMMnr Lot I* tn*nc* Soutn tO o*qr*«s £iss fassuoino tn* .tortn ll'i* o* Slid Go»*rra*nt Lot i is oairind Eitt mo u*st) i dlstinc* of 76 .88 mi liitSrSlirS mine* ^67 or,r**s oinutt. East to tra inor, of LM. j snor* to Its lniersiet:»i «im * lln* a**nnd norm 67 aegrtti ^ «inut,i tsst fra* i ooint *ntcn ts on i tin* B*ir>nq Soutn 10 d»d^l md dtsunt 81.29 f**t from tn* ictuil ooint of (wdinninq: ;n*ncc Soutn 67 aoorw* I6 aimitns west to tn* snor* of tn*nc* *ortmi*it*rly ilono m* snor* of Tinid,r Lit* to its inttrsiction wim i lln* soirinq Soutn o7 Oegrtes cmii i^^of mrnS norm 67 dogr**, « oinut.t East to tn* actual mint of mvinnin,. accoromd to tn* Sov*m«*nt Sunr*r tn*rwf. Tx.r «# e.i.m.-r»ant Lot I Saction M ToMismo M7. «mo* 23 d*serib*d as cotmneiod at m* a*ano*r com*r on tn* norm lln* of said liov- •riLit Lot t: m*nc* Soum to otgrees Eiit lassiannd m* norm 11^ of said 2^fi*^‘’m^i«*Mi^m*67**d•^i^is^*^^n. point of Oodinning of tn* land to 0* doseriBoo; tn«K* contirtuing ^tn to ,«.Ji;3?,iri.\i^rMnrB2rinq 67uc*s East to tn* snor* lln* of LaS* H1nn*ton«a; msne* nortnuoiterly along said inor* lin* to m* intonation witn a iln* Ptaring norm o/o*» ir.“atS SsTfrolT-^ point of 0*gsnning; m«ic* Soutn 67 o*gr**s «. -inut.i t**st to m. point of boginning. according to tn* fiow*m- MfTt Surv*r m*r*of. nut port of fa»*n*wit Lot t. Soctlon tt. Townsnto M7. Aang* 23 d*scrio*d as coounc.ng at m* wanasr cnm*r on tn* <^**rr*Mnt Lot t* m*ne* Soum tO o*gr**s East (atsiaing tn* Norm lln* of said Gortmatni Lot t as Pairing East and u**tj a dlstanc* of SrSXtIi J/L^I Wc of Silinlilf m-H:. 67 d*gr**s a« *inut*s East to tn* sn.^ of Las* ninnatonaa; along said snor* 60 f**t. aor* er lass, to an int*rs*ction uim a lin* Pairing norm 6/ s*gi**s « oinutts Cast fra a "jLli"* P*anng S^m U dagraas East ana distant 61.39 f**t fr» m* actual ooint if Ptginning; mane* S«im o7 o*gr**s a« ■*'»««** af Tjamm * LAk* (fonwrlr >lid L4kt): tiwoc# <iortf»^stf ly 4100^ tftt snor* of f4n4gtr Lilt to 4n l/rzfrtwrtion *«iUi 4 lino oooring wJuCl 47 % IS? SintTSigmnlJir m^^^ Nor?n 67 d*gr**s 48 *inur.s East ro m* actual point of Daginning. «:coroio, to m* Sovomoont Survoy tnoroof* '•* . ^f^-raiT-rts- » armmif-m mntmjt»9■ym.ry’ TO: Mayor Grabek & CounciImeinbers Planning Commission Chairman Kelley Planning Cor» issioners City Admini ator Bernhardson Building & Zoning Administrator Mabusth FROM: Thomas J. Jacobs, Building & Fire Inspector DATS: July 13, 1989 SUBJ: #1424 Windward Marine, 1414 Shoreline Drive Commercial Site Plan P.eview/Side Setback Variance Zoning District - B2 Pertinent Ordinances - Section 10.41, B2 Lakeshore Business District Application -* In 1988, the City of Orono gave approval to Windward Marine to build a gazebo building on the Browns Bay side of the property and a 4500 s.f. building on the Tanager Lake side. Construction of the gazebo is complete. The applicant is requesting to change the location of the proposed 4500 s.f. building. They wish to move the structure to the south side of the lot bordering the small parcel of land owned by Minnetonka Boat Works. By moving the structure to this location, the applicant will be allowed more glass area per the building cede and a commercial use will be located farther from the residential zone. The applicant plans to begin construction of this new building in the Fall of 1989. List of Exhibits - Exhibit A -Application for Commercial Site Plan Review Exhibit B -Application for Side Setback Variance Exhibit C -Property Owners List Exhibit D -Certification of Mailing Exhibit E -Plant Map Exhibit F -Public Hearing Notice Exhibit G -Affidavit of Publication Exhibit H -Existing Site Plan Exhibit I -Proposed Site Plan Application #1263 Exhibit J -Proposed Site Plan Application #1424 Exhibit K -Letter from Applicant Exhibit L -Front Elevation Exhibit M -Side Elevation Exhibit N -Floor Plan Exhibit 0 -Request for Review - City Enginef^r Exhibit P -#1263 Memo to Planning Commission Exhibit Q -Resolution #2442 Exhibit R -Planning Commission Mlnjtes Exhibit S -Council Minutes Exhibit T -Hardcover Proposed - Application #1263 Exhibit U -Hardcover Proposed - Application #1424 Exhibit V -Drainage Calculations o Zoning File #1424 July 13r 1989 Page 2 of 5 Exhibit W - City Engineer's Review Exhibit X - Landscaped Areas Variances Lakeshore, Sideyard and Side Landscaping (exhibit J) - Applicant is requesting a variance to this section due to the parking requirenentsr size of structure and size of the lot. A. Sideyard .Setback/Sideyard Landscaping - Required - 10' Proposed - 5' Variance - 5' or 50% Applicant is proposing to move the structure from the north side of the lot to the south side of the lot, eliminating the variance requirement for setback from residential zone. Moving this structure to the south side of the lot has created the need for a variance as stated above. In application #1263, applicant shows parking lot abutting the lot line. By moving the structure to the south side of the lot, applicant is creating a 5' grass area between the lot line and the structure which did not exist with application #1263. B. Lakeshore Setback - Required - 75' Proposed - 29' Variance - 46' or 39% Applicant requests to put this structure on the south side of the lot within the 75' lakeshore setback area. Application #1263 shows this area in which the structure will be located as i,arking area. Therefore there will be no additional hardcover proposed. The only revisions would be that the structure would replace the parking area and a 5' strip of grass area would remain. Hardcover - Applicant is proposing a reduction in hardcover as follows (see exhibit V): Total Area; 0-75 Area: 75-250 Area: 18,700 a.f. 9,000 s.f. 9,700 s.f. Hardcover 0-75' Zone - Existing: 8,720 s.f. Proposed: 6,076 s.f. Zoning File #1424 July 13, 1989 Page 3 of 5 Hardcover 75-250' Zone - Existing:Q,700 s.f. Propose >:«,810 s.f. Total Reduction:3,534 s.f. Applicant will be reducing hardcover within the 0-75* setback zone by removing the boat ramp area and providing a larger grass area between tne lake and the structure# Application #1263, which was approved by Planning Commission and Council, proposed 6,376 s.f. of hardcover within this 0-75* setback area. Applicant is proposing with this application, 6,076 s.f., or a reduction of 300 s.f. Also in application #1263, applicant proposed 9,110 s.f. of hardcover within the 75- 250' area. The applicant now proposes to further reduce L/iis 300 s.f. to 8,8i0 s.f. Hardcover would be reduced a total of 600 s.f. in application #1424 from what was proposed in application #1263. Also note that in phase one, applicant proposed 4,375 s.f. of hardcover on the Browns Bay side. After reviewing this area, applicant has further reduced the hardcover in this area to 3,200 s.f. for a total reduction of 1,175 s.f. of hardcover. The applicant is also propc (sec exhibit "W") in the ' ">nt ya betvven Mr. Rivers and ‘ i C ig to extend hi3 green areas ireas after court settlement ,y is determ.** ned. Parking - Applicant will be ^ .ding the same amount of parking as proposed in application #i>:63 (see exhibit "J" and exhibit "P")# Lot Area/Lot Width - Lot area required in B2 zoning district is < acres, 8,120 s.f. Applicant received variance approval for this lot area/lot width with application #1263, Access will be relocated to the northeast side of the lot. Tr* application #1263, the City Engineer's review indicated that applies '• should decrease the width of the accer o 28* wide, provic more controlled access. The City Ei *.eer also recomn. - that the driveway access points be c' Dlled with bituminous or concrete curb. Drainage - The storm sewer design proposed with the previous plan was submitted. After the City Engineer's review, it was found that the plan will be acceptable and that the majority of the site water shou:.J be directed to the siltation basin. The City Engineer also requested that a site plan be provided which sh.'>ws design grades for the project (exhibit "Y"). o Zoning File #1424 July 13, 1989 Page 4 of 5 Applicant was also directed by staff to apply with the Minnehaha Creek Watershed District for approval of his plan. Building Plans/Preliminary Building Code Review - Applicant is moving the structure to the south side of the lot tc allow for more glass area within the structure. The structure will consist of precast concrete and glass. Screening - Screening will be required around the dumpster as noted in application #1263. Signage - Proposed signage will remain the same as application #1263 (see exhibit "P"). Fire Code Review - A fire lane shall be provided in the front of the building at the doorway. Proper signage must be provided. Also, the area where the fire department connection to the sprinkler system is located must be designated "No Parking - Fire Lane". Sewer and SAC Charges ~ Sewer and SAC charges will remain the same as in application #1263. Landscaping Plans ** Applicant has shown the areas which were made into green areas. Staff has outlined the green areas on exhibit "X". Applicant is proposing to enlarge the green areas by 600 s.f. compared to application #1263 (exhibit "I"). Staff Reconnendaticn - Staff recommends approval of the plan review based on the following: variance/commercial site 1. The proposed structure and operation is not detrimental to the public health, safety and welfare or maternally injurous to the properties or improvements in the vicinity. 2. Applicant is providing better control of drainage on the prcpcj-ty. 3. Applicant has provided a reduction of 600 hardcover from his last proposal, application #1263. i,.f. of Subject to the Following; 1. That remaining concrete from boat launch are.e and restored to oreen area. e removed tMM Zoning File #1424 July 13, 1989 Page 5 of 5 2. il erosion control be provided and maintained throughout whe project until permanent erosion control is in effect. 3. Provide autom^.tic sprinkler system, per State Building Codes, special fire suppression systems appendix. 4. Applicant must provide a site plan that shows design grades for the project. 5. Acce; 5 points be defined with curbing, per the City Engineer's recommendation. 6. In the event applicant receives a favorable declsiOIk from the Courts, that he provide the area in question with green area. 7. That the storm water runoff be controlled with s berm and ponding area between the lake and parking area to be approved by the City Engineer. A plan must be submitted on how this will be done. o M. nCITY OP ORONO ________________--------------- ^^I^OPERTY LOCATION /4-U /i O^ ''Jt-J /<^ "iLAND-»OS2 ARJ^ICATION, ----fOEssi,:a —7 EXHIBIT Site Address (^^4- . CP/Z-oW ,M^/ ' Property Identification Number (P.I.D.) 3 [\-\\1 Please check one - Property _ _ _ _ abstract or (for Conditional Use Applications only) torrens? <so /d Please attach le^al description to application if not included on required survey. APPLICANT Name Phone (home)Pis __________^Phone (work) ■^7? Address 44 £■ |-7/C_ _CityJra>J--J zip 55?-=?/ OWNER (if different than applicant) Name _ _ _ _ _ _ _ _ _ _ _ Address Phone (home) Phone _ _ _ _ City _ _ _ j:m iOpertv Acquired (mcnth/year) (do not) also own the adjacent parcels of land !S - CONDITIONAL USE PERMITS - Renewal Fee - 1/2 Current Fee After-the-Fact Fee - Double Current Application Fee ::;?4$100.00 a)Residential accessory CJse $150.00 b)Institutional (church, school, etc.) ’.icOJ r,?' .■•.v'i rJi$150.00 c)Duplex Credit/Bldg $250.00 d)Commercial/Industrial Use $200.00 f)Land Alteration Grading and filling - designated wetland or floodolain Grading and filling - 101 cu. : or more Grading, seawall, retaining walls within 75' of lakeshore PRD/'PID - see fee schedule ^ $150.00 Commercial Site Plan Review {i 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 ■■ . ifmtM n ■ Recaict:- CITY OP ORONO - VARIANCE APPLICATION k * •"Hi- .IM A Iniwial Appiicaticn Fee $150J^(y ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After-the-Fact Fees (Double application fee) ; I ^.0 _ - r-W' ^JL ---------1 - V vi' i;:; 11 14.. / •Ufa. . vi' siSii siPii PROPERTY LOCATION Site Address ' S' EXHieiTiri ^ _!/ud Property Identification Number (P. I. D. ) S rOK ll ^ liy z-^<to 4 V/ r. 0(j/dPlease check one - Property _ _ _ abstract or X torrens? Attach legal description to application if not included on required survey. APPLICANT Name \ Address: City: Phone (home) ^ )S ^_ _ _ _ _Phone (work) ^77 Zip: OWNER (if different than applicant) Name Phone (home) Phone (work) Address:City :Zip: Date Property Acquired _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ I (do not) also own the adjacent parcels of land. (month/year) PRESENT DSL OP PROPERTY Present Zoning District Present Use of Property s-z^ Residential Other (specify) ^y/VA DESCRIPTION OF REQUEST Estimated Constrnri-i on Cost $_ _ _ _ _ _ . -Xju- 'isC 'Describe request in detail: VARIANCES REQUIRED Lot Area Setback Variances ( Other _ Lot Width Front X _ _ Hardcover Side Rear) 0' # DATA PRIVACY ADVISORY In accordance with M.S. 15.165, "Rights of subjects of data", we would like to inform you that your request for a permit license from the City of Orono cr any of its departments m?y require you to furnish certain private or confidential inform-" ation. You are notified that: 1. 2. The information you furnish will be used to detarnina* your qualification for the permit or license recueste- You may refuse to supply data, but refusal may requirt, that the City deny the permit or license. 3.The information may be shared with otuer local, state or federal agencies to the e.xtent necessary to process the permit or license. 4 . 5. 6. If vour requested permit or I’cense reqites council action to approve, some information raay become public. You have cartian rights under h.S. 15-165 to review private data on yourself. Your full name, and date of birth are requited to process this application or permit. •i First;,, Midtn^ Q Last Addressa/fl ^ rzv:rnh Date of birth «loe~not apply to building/general permits) 47^ _ _ 1 ■ / Pnone .. ••. . I undajifean^^y “® stated above. T7^g nature I -i."- ..i- ■ SSSS.-'.- . •¥C. “V > RUN DATE 02/11/67 BATCH 007 PROP AODR OUHER HAHE TAXPAYER NAHE/AODR -N*»RnP AODR . JUMER NAHE TAXPAYER NAHE/ADOR PROP AOOR OMIER NAME TAXPAYER HAHE/AOOR PROP AOOR OWNER NAME TAXPAYER NAHE/AODR y3 38 11-117-2^ fZ 0004 01440 SH' HE DR JAMES P ETAL JAMES P 1444 SH w^wa HE or UAYZA1A lt4 55391 36 11-117-23 22 0007 J P A H A RIVERS JAMES P A MARY A RIVERS 1444 COUNTY ROAD 15 UAYZATA m 55391 36 11-117-23 22 0011 01432 SHORELlhE OR UUREN E BORN ET AL UUREN E BORN 1432 SHORELINE CR MAYZATA MM 55191 HEItlEPIi: COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OUNERS LIST 30 11-117-23 22 0005 01442 SHORELINE DR JAMES P RIVERS ETAL JAMES P RIVERS 1444 SHORELINE OR HAYZATA MN 55391 36 11-117-23 22 0006 01449 SHORELINE DR 0BER6 BOAT AND SUPPLY NINNETOfKA BOAT UORK P 0 BOX 549 WAYZATA rtl 55391 36 11-117-23 22 0012 01420 SHORELINE DR DAVID J A A1A<E B DUFF D^VID J A AlOIE B DUFF 1420 SHORELINE DR WAYZATA MN 55391 REPORT NO. P1435401 PAGE 22 TOTAL BATCH 007 00009 36 11-117-23 22 0006 01444 SHORELINE DR J P A H A RIVERS JAMES P A MART A RIVERS 1444 COUNTY ROAD 15 UAYZATA MN 55391 36 11-117-23 22 0010 J P A M A RIVERS JAMES P A MARY A RIVER, 1444 COUNTY ROAD 15 WAYZATA rtl 55391 36 11-117-23 22 0013 THE crnr of otono' CITY OF OROir P 0 BOX 66 CRYSTAL BAY MN 55323 xP .fl 4 \f‘ ) () I CERTIFY THAT THE FACTS RFPRESErnEO ARE AN ACCURATE AIO TRUE REPRESEINATION OF INFCHMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PpOPERTT T^XATIONj^O THE BEST OF MY KNOHLEDGE AIO BELIEF. / / vN / O o CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) sa, ) CITY OF ORONO ) I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1424, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 29th day of June, 1989. O JamVe Bbsma ^ ^[424 iXHIBIt , ,•■••'•• • ;.* . *• .•.••••' - . ■' l\.‘-', .'. . •. ’. . • , . . - _•■€.• 'l" -lf25.0JR,r I ITP ..A Il w-.. ^/44 •\ \ Xvv'r, r V ^'*’2 !|S ..Sv lW5- ■■ L’iS'-'v r- *■>-:;;■ . X*'--:y.-. . X-:" tt*4 ■-■■/i--V:"-\- i.* f4 *• •“ ■ 1 '•- . ^ ..; “ .. v! •>.•: . . .• / • • , . . .1 • • ■;"x V- . • .! ., • i- .-»■ • ' 1' -' ’ pM»» •<-; -7, "• .4:^^ .. ••- •••^'•>- *,-• . •■■. ^spfesaisss Y'yy^M.-r2- , .•. - 7 \ -'. -»; *> ...??■ ji-* %* '; “-■• ..*, • r..-r ■ * wi • > ■ *. v. ‘ - - .>' **■ ■•:, Iffll '. -'• ■ / •- r/jr rSh^Aff . *._ ‘ ' • ■• " -'il: c CITY OP ORONO - NOTICE e Planning Commission will hold public hearings in the Council Chambers t 1275 South Brown Road on Monday, July 17, 1989 to review the following land use applications: / 1. #1424 Jim Rivers of 1449 Shoreline Drive has applied for a commercial site plan review and a side setback variance for the construction of a new commercial building on the Tanager Lake side of Windward Marine. 2. #14.?,Ward Ferrell of 3405 Watertown Road seeks an area variance for an undeveloped property owned in common with his residence property for the purpose of constructing a new residence. 3. *1428 Ralph D. Burgess, Jr. of 2610 West Lafayette Road seeks a lardcover variance and condit onal use pei. It and variance for proposed land alterations within the lakeshore protected area for the purpose of constructing a new residence. All persons wishing to be heard will appear at this time. The meeting starts at 7:00 PM. Written comments are solicited. Plans are available for review in the City offices by appointment. City of Orono By: Planning Commission JearySe A. Mabusth, Building & Zoning Administrator To be published the week of July 3, 1989 EXHIBIT PuMahwt m Tlw Lalwr and Plon««r July 3. 19MI Affidavit of Publication state of Minnesota. County of Hennepin. Bill Holm, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound. Min nesota. and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the require ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02. 331A.07. and other applicable laws, as amended. ^. a YiOLAi\\y\A UfjynB.) The printed. «V which is attached was cut from the columns of said newspaper, and was printed and published once each week for_________________successive weeks: It was first published Mond^ <3 day ofthe and was thereafter printed and-published every Monday, to and including Monday. the day of \ every 19_; ; MARIETTA A. STRAUC : A M.,,' uOTASY Fucuc -: _: jta Authorized Agent : VI - Jy ca.t;2R c c j: .ty \ My Cor-un;c^n e,“ re* Ji.-.. 27.1CC0 Subscribed and sworn to me this By: day of Notary Public Rate Information (1) Lowmi d««rf'»d f«t« pnW t»y com-w^cW uMr« for eompim- bio spaco: *9.60 por ind). (2) Maximum rolo aHoMrod by low for obovo mo^. W SO P«;^- ( { (3) Roto octti jHy cborgod for abovo mUtor. $4 SS por Inch. Each oddltlofMi aueooadvo wooh; 13.24 por Inch o m3E_jRATA. -IZ^3 OPOWt' BAY ' A~Y •\T\vj* A.-^. ^ne.^K>'-M -V’» »0 - *Y>" ^ £i > ■" . a WV'"’ * ' V • \ ' •r V>V:\> t \'4 V. . ^ piH| »v 4*eA ;A?*4e».') -<5uh * a - cc»*«r)-------»f/> ,5 ft, *<H»ve %• ceA^Ati -------.o r r. *«*s«> -------^4;., ***e*=^t» C b*Xx£«9-----TC3 >^T. H 4 OC£.t*PAl<.V a?«*M4-c.r'e»>« fu«c>Mu W^£C*>------- —-M ■ARBOOVniAMAS 'TONNAOefl UM«Qe| .....................I-, . ^ • ion ri«««:z!:;::: iv:- ^ ; !£5IS5IUSSr-* •’■ S!?Sin"2r51-:2SS r, M*i«covr*fmi-«i_ -•mto rt?o ‘:i‘is::5r;i!f£?sgs: MMtttoTW I%1,rT^k:'~zzz3:2SS •*" K.;Sc*?j;vfs;iViicf;2S;S' ioi«* luouciNMMoooom -------------------u»Jo.n. «k • # r* «e'-' • It. (I .U| m»a T**^ < "1 .*-N*W ^ * ’ w< 1^ ri» ^ * *?^ . ^tiff lecATion iiiMiiiiIf' I i II% I 11 !ii;li — !l* tfrttrrf tttr B; >>*«?««'* >«*> Ss| 5 iS i S W i!J»»» BUTI.EDQ6 CONSTRUCTION . rr’_______-jiSL^st 4^ m4mw WIMOW&fsIO MAniNB INC. Esl19€9 n .. I /' » June 22, 1989 ■\ Qty of Orono P. O. Box 66 Crystal Bay, MN 55323 In 1988, the City of Orono gave approval to Windward Marine to build a gazebo building on the Brown’s Bay side of its property and a 4500 s.ft. building on the Tannager Lake side. The construction of the gazebo is complete. The hard cover was reduce an additional 1125 s. ft. by planting grass out to the property line. We feel this new building is an asset to Windward Marine and to Orono. We are making a request to change the location of the proposed building on the Tannager Lake side. This change will reduce the hard cover area by 600 sq. ft. This is accomplished by removing the concrete boat ramp and adding additional planting. The reason for this change is to give more space around the new building and existing house. By moving the new building away from the existing house, the building code will allow more glass area and this will give a better looking building. This new location will require a side yard setback variance of 5 feet on the south side. The property on the south side is a small parcel of land owned by Minnetonka Boat Works. This size of this property probably makes it unbuildable and therefore this setback variance will have no effect on their use of this property. It is our plans to began construction of this new building in the fall of 1989. We believe this new building will present a vastly improved appearance to our operation. Sincerely, Jim Rivers mm w c EXHIBITS o Saks, Service, Dockage A Suwage 1444 Shareime Drive Wayzata MN 55J9I (612,-473S249 W m nLL II I? - ) ■ . :_j - a i :/ / i © EXHIBIT G miwm mwm I CITY I OF I ORONO CITYof ORONCn Post Office Box ryHial Bay, MinncHoU* ''i.'VtZJ • Municipal Offices On the North Shore of Lake Minnetonka July 10, 1989 Glenn Cook Bonestroo, Rosene, Anderlik & Associates 2335 West Trunk Highway 36 St. Paul, MN 55113 Re: 1444 Shoreline Drive - Commercial Site Plan Review/Variance Application #1424 Dear Glenn: I am forwarding you the information needed to do a review of the above subject property. As you remember, Mr. Rivers has applied in the past for a commercial site plan review for this project (Application #1263). Mr. Rivers is proposing to change the location of the principal structure from the north side of his lot to the south of his lot. Please review this information. I will be need your written comments by Wednesday, July 12, 1989. incerely Thomas J. Jacobs, Building & Fire Inspector TJJ/tln Bl'U DINC A ZONING - 473 7.15 7 • a OMIMSTR MION A FINANO - 473 7358 • W'Hl 1C WORKS - 473-7359 ASSESSING From: Date: Planning Commission Chairman Kelly Planning Commission Members City Administrator, Mark Bernhardson Tom Jacobs, Building & Fire Inspector May 12, 1988 EXHIBITir Subject: #1263 Windward Marine - 1444 Shoreline Drive - Variance'S- Commercial Site Plan Review List of Exhibits: • Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Section Exhibit D - Notice of Public Hearing Exhibit E - Existing Site Plan/Survey Exhibit F - Proposed Site Plan/Drainage/Landscape Exhibit G - Building Plan Elevations - Tanager Lake 4/18/88 Exhibit H - Building Plan Elevations/Floor - Browns Bay Exhibit I - Engineers Report 3/6/37 Exhibit J - Hennepin County DOT Report 3/24/87 Exhibit K - Hardcover Calculations Exhibit L - Resolution #1865 - Parking Variance Exhibit M - General Permit Sac Charges Pd. Exhibit N - Letter - Calculations Sac Charges on Existing Building Exhibit 0- Letter from the Stare Building Code Division - No Variances to Building Code. Exhibit P - Request for Developmenr Contract Exhibit Q - Commerical Dock License - Orono Exhibit R - Revised Site Plan Exhibit S - Revised Landscape & Drainage Plan This application was submitted to the Planning Commission in March 1987, and tabled at the March 16, 1987 and April 18, 1988 meetings. After appearing at the Planning Commission meeting, the Applicant has revised his plans in attempt to reflect Planning Commissions recommendations. Applicant has reduced the size of his structures from 50 x 100 (5000 s.f.) to 50 X 90 (4500 s.f.). With this proposal the applicant is not increasing the square footage of building space. Applicant has also provided 10' of landscaped area in the front of the building. Applicant has not reconciled the right-of-way matter with Hennepin County, but proposes to provide additional landscaped area in. front of the structure, this will be an additional 11'. Applicant Is requesting varainces to the Orono Municipal Code as follows: 1. 10.41 Subdivision 5 Parking Requirements 2. 10.41 Subdivision 7(A) 2.3 Minimum Landscaping 3. 10.41 Subdivision 9(B) Area, Lot Width, and Yard Requirements Zoning File #1263 Page 2 o 4. 10.41 SubdivisionlO (A,B,C,D) Requirements Lakeshore Setback & Hardcover As stated in other reports, all of these variances exist today. In reviewing the proposal, staff has made the following findings: 1. Zoning District; B-2 Area: Approx. 37,400 s.f. - .85 acre 2. Proposed Existing Use; Marina - Boat Sales, Storage, and Retail Sales. The use of the property will not change and is a permitted use in the B-2 zone. 3. Area; The plan shows the area as 61,650 s.f. This includes the 24,250 s.f. of area in the residential district. This cannot be included without a rezoning request by the applicant. 4. Public Roadway Divides Property; This effects the proposal as A * 10.41, Subdivision 5 Required parking spaces may not be separated by a public roadway. The proposal is requesting parking on both sides of County Road 15. B. 10.41, Subdivision 10 (C) Setback along street. Applicant is requesting a variance to the 50' setback requirement. Proposed on the plan: Required 50' Proposed 10' Variance Proposed in this setback is the 50 (Tanager Lake Side). 40' 80% X 90' building and some parking new structure will setback 2' farther than the existing building which will be removed. 5 ) Parking - Off-Street The Municipal Code requires this type of use to provide provided for each ten boat slips (see Exhibit ). B. A minimum of eight spaces plus one additional space for each 800 s.f. of floor area over 1000 s.f. Applicant has shown 73 parking stalls on his property. This parking is located in three areas as follows: