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HomeMy WebLinkAbout09-25-1989 - Agenda Packet City Council - regular meetingCITY OF ORONO PUBLIC ATTENDANCE l� MEETING DATE q/J!5k PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print) NAME OR NUMBER ADDRESS PRESENT FOR (from agenda) Lv, � �.MA11�ie.cvS OA', 00ly 3. iY )-Ai I l 0. G ✓ D_ 7 all 2 3 4, j u- 4. 6&11 71 )• -a Ak i z 4 6. 9 .LeJ0 C'Su 1, J 7 i IJ 3 3 l 7 PUBLIC ATTENDANCE CITY OF tPONO MEETING DATE Z PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) 3. 4. 5. 6. 7. 8. 9. 0. 1. 2. 3. 4. S. 6. _ 7. 0. 9. 0. PUBLIC HEARING T fW City:.uncll of the Oty of Oronow", It pupNc hswog to receive citizen In* �, p�p�dbounty goad 116 The�&- pUbjjC hWing ,Nlq bis heW In the Orono COun CM C:hMbors. 1275 Brown Road South. at 7,00 P.m. on Wtember 25. 1989 By. Offtf of 1M C#y Cmncil fs/ Dorothy M HOin City CWk Pwfww SeO� 11(PuDlisheo In The LAW r►d . 108A1 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, SEPTEMBER 25, 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 eo_jtj fined upon request from the Recorder. "v,� MEftc ROLL CALL S EP 2 51989 1. Appointment of Acting Mayor ^ffy Or �2. PUBLIC HEARING - 7:n0 P.M. - Preliminary 11Design - County Road 116/Willow Or 3. CONSENT AGENDA* APPROVAL OF MINUTES * 4. Regular ;fleeting of September 11, 1989 PLANNING COMMISSION COMMENTS - Edward Cohen Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT **APPLICANTS** Immediately after the Council has reviewed your application please sign the three (3) original resolution copies. * 5. #1306 Metropolitan Waste Control Commission, 3286 Ncrth Shore Drive - Conditional Use Permit - Amendment of Filing Deadline - Resolution * 6. #1372 Donald Kempf, 1180 North Arm Drive - Final Subdivision - Resolution * 7. #1411 Sussex Sqaare Development, 3020 Fox Street - Preliminary Subdivision - Table to October 9, 1989 * 8. #1412 Mary Petersen, 384 McCulley Road - A) Road Name Request B) Final Subdivision - Resolution 9. #14�4 Gary Barr, 3034 Casco Point Road - Conditional Use Permit - Resolution * 10. #1439 Lawrence Langhans, 1366 Rest Point Road - Final Conditional Use Permit/Variance - Resolution 11. #1440 First National Bank of the Lakes, 2445 Shadywood Rd - Commercial Site Plan. Review 12. 41441 Don Copley, 1185 Tonkawa Road - Variance - Resolution 13. #.1442 Landschute Group Inc., 375 Leaf Street/3300 Bayside Road - Preliminary Plat Approval - Resolution 14. #1445 Gregory Peterson, 1355 Arbor Street - Conditional Use Permit/Variance - Resolution 15. #1446 Jack Yost, 1515 Green Trees Road - Conditional Use Permit/Variance - Resolution 16. #1447 Lakeview Golf Course, 710 North Sho::e Drive West - Conditional Use Permit - Resolution * 17. #1450 Ward Edwards, 2474 Carman Street - Renewal Variance - Resolution 18. #1451 George & Theresa Bloom, 1374 Rest Point Road - Variance - Resolution AGENDA FOR COUNCIL MEETING SET FOR MONDAY, SEPTEMBER 25, 1989, 7:00 P.M. ZONING ADMINISTRATOR'S REPORT Continued 19. #1454 Bradford W. Reddick, 2b95 Pheasant Road - Variance - Resolution 20. #1456 Robert and Janet Emfield, 2240 Devin Lane, Afte:-the - Fact,Vatriance, Resolution ENGINEER'S REPORT * 21. well/Highway 12 MAYOR/COU?',�t1'• CITY ADMINISTRATOR'S REPORT 22. Hazardous Building Proceedings - ID19 Fagerness Point Road * 23. 1990 Budget fleeting/Budget Presentation * 24. 1990 Mound Fire Contract * 25. Stubb's Bay - Review of Issues * 26. Administrator's Information Highway 12 Feasibility Facilities Rest Point Road/Circle Boat House Clean Up Day Cable TV Rates CITY ATTORNEY'S REPORT LICENSES (27*) BILLS (28*) ADJOURNMENT UPCOMING ISSUES AND EVENTS 09/27 - Budget Meeting - Council/PC Mtg-Facilities 10/09 - Public Hearing - Budget 10/13 - Centennial Ball - Lafayette Club 10/14 - Centennial Program at the Orono High School 10/15 - Family Picnic at Bederwood Park 92189.6 COUNCIL MEETING TO: Councilmember J. Diann Goetten SEP 2 51999 Barbara Peterson Alan Nettles C f OF ORWO FROM: Mark E. Becnhardson, City Administrator DATE: September 2L, 1989 SUBJECT: Acting Mayor for 9/25/89 Meeting It is requested that one of you be appointed as Acting Mayor for the meeting in order to be able to preside at the meeting and sign the appropriate documents that maybe approved at the meeting. PROPOSED MOTION - Moved ty , seconded by , the Orono Council appoints to be Acting Mayor for —tie 9/25/89 Council meeting. Ayes Nays �D 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 SE° 1 8 i(989 amended. / B.) The printed 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 Monday, the day of ,�'�/''.`� 19 % and was thereafter printed and published every Monday, to and including Monday, the __ day of 19—; """'``• '�� A thorized Agent MARIETTA A. STRAUS } r.01 AaY PUF'l10 - MI%NZ:S0TA 3 CARVER COUNTY j Subscribed and sworn to me on this day of By: Notary Public Rate Information (1) lowest classified rate paid by commercial users for compara ble space 69 80 per inch (2) Maximum rate allowed by law far above matter $9 80 per ,-,ch 13) Rate actually charged for above matter $4 86 per inch Each additional successive week $3 24 prr inch TO: Mayor Grabek COUNCIL MEETNG Orono City Councilmembers SEP 2 51989 FROM: Mark E. Bernhardson, City Administrator DATE: September 14, 1989 CITY OF ONNO SUBJ: County Road 116 Attachment: A. Proposed Construction Plans B. County Road 116 Memo-4/5/89 C. Council Minute Excerpts County Road 116-4/10/89 D. Orono Letter to Hennepin County-4/13/89 E. Letter to Gale Harris-9/14/89 F. James Cox's Letter -Received 2/15/80 G. Proposed Resolution H. Comparison of Construction Standards ISSUE - 1. Holding public hearing on the preliminary construction design proposal. 2. Determination as to whether the Council desires to approve the plan as presented and/or amend. INTRODUCTION - The City of Orono Council has c,)ntinued in its opposition to the construction of County Road 116. However, at the April 10, 1989 Meeting, Council directed staff to work with the County regarding the segment in Orono if the portion in Medina is to be constructed. This was done as all of the problems associated with construction of County Road 116 would be there if it was constructed in Medina and not continuing it to at least County Road 6 may in fact worsen the situation. Additionally, the City had proposed an upgrade to the Road in approximately 1994, which would be similar both to Willow, south of the bridge and railroad tracks and also the County 116 segment that is being proposed. The Road was designated as a minor collector to be under Hennepin County's jurisdiction in the City's Comprehensive Plan. On July 26, 198S, the City staff held a public information meeting for abutting -roperty owners to review the large scale plans in order to allow them the opportunity to express concerns and alternativcs to the plans as preliminarily designed. _DISCUSSION - At this point, there have been some suggested changes as noted below: A. Medina border to County Road 6 - In this area, the following changes to the pzopose-1 plans are suggested: The design for the section from County Road 6 north past the first two houses will be urban as opposed to rural. B. CountX Road 6 tc Highway 12 - The proposed changes to the plan in this area include: J1. 0A,11 right-of-way taking will occur on the west side. 2. Work to resolve the dr.-inage problem outlined in Attachment F. in addition to that, the City had noted in its April 13, 1989 letter that the City desired an agreement prohibiting the extension south of Nignway 12 unless the Orono Council agreed. It would be appropriate that this be adopted as part of any resolution related to plan approval. If the project was dor^ with City or City/MSA funds it would cost the City about $310,000. It is antici .,t-,,-d that the City's cost for County Road 116 will be approximate- . r1,000.00. A comparison of road widths is contained in attachment H. The actual travelled portion will be the same, but the shoulders will be paved at a width 4' more on each side than at present. ALTERNATIVES - 1. Hold a public hearing. 2. Adopt Resolution which agrees to the plan with appropriate changes. 3. Amend the plan and adopt it for further changes. 4. Table for further discussion related to issues raised and unresolved at the public hearing. 5. Choose not to adopt the plan. 6. Withdraw from further consideration of the plan. RECOMMENDATION - It is recommended that the plan be adopted with changes already proposed, together with those appropriate changes based on input of the public. PROPOSED MOTION - Moved by , seconded by the Orono Council approves the plans as amended and incorporates that approval in Resolution # , which also incorporates the requirement for an agreement not to have County Road 116 extended south of Highway 12. Ayes , Nays cc: John R. Gerhardson, Public Works Director Mr. Bruce Polaczyk, Hennepin County Dept. of Transportation COMPARISON OF CONSTRUCTION STRANDARDS Willow Drivo. (Medina Border to Highway 12) - Minor Arterial (Orono Comprehensive Plan) Typical Section Travelled Shoulders Paved With Right -of -Way Portion Each f,de Shoulders Rural Section Willow At Present Width of Highway 12 24' 4' 32' 66' City Standards Minimum 80' Minor Arterial 24'* 8' 40' for Two Lane** Municipal State Aid Standards 24' 8' 40' 8C-100 County Proposal 24' Be 40' 80' County Road 116 The proposal will "strit,�" a fog line at the 24' Width Willow Drive South of Railroad Tracks 24' 9' '2' 66' (Collector) *Minimum Paved Width (Chapter 11.33) **Orono Comprehensive Plan (Chapter 7--15) /4 4589.1HD Mayor Crabek 6 Orono Council Members prom: Mark E. Bernhardson, City Administrato�� Date: April 5, 1989 Subject: County Road 116 ATTACnNRNTS - A - County Road 116 Dated 2/15/89 D - Tad Judd Lotter DAtr_d 3/28/89 C - City of Medina Resolution Dated 3/7/89 ISSUE - Determination as to what course of action the City desires to undertake on willow Drive from its north portion down to Highway 12 rhould County construct County Road 116 in Medina. INTRODUCTION - At the Council's February 13, 1989 meeting they adopted a resolution in opposition to the construction of County Road 116. As a follow-up to that, the Council at its February 27th meeting undertook further consideration of the matter es to what the City of Orono should do should county an the matter. Rconstructedoad 116 be regardless s commissioner Tad JudeJudewaspresent at the meetingtposition which several questions were posed to him. DISCUSSION As noted in Attachment H, Commissioner. Jude has indicated that it is his pos?.tion that he will respect the desires regarding County Road 116 of each of the two cities within their respective borders (i.e. if the City of Medina wants County Road 116 constructed, the County will construct it from County Road 55 to the Medina/Orono border; then if Orono wants the County to take over the balance to Highway 12, they would :e3pect that wish or if the City choose not to they would do nothing). Commissioner Jude had ir.di,7ated that he teas also spoken to a group :n nGFosition to County Road 116 of which go under the title "Friend's of --dina". -" has indicated to those individuals that should they desire not -o ha County Road 116 constructed inouncia a•thatnd they express pertheirsuade , lrpc•ition to such to the Medina City r _.ouncil .it would not be Built. 1;,: VNATI:•ES ch,jose to take no action. Ao:cr with construction to County Road 6. ?eglest the construction of County Road 116 ale the way to Highway 12. G.-at an iCreement that if it qoes to Righway 12, the County will not undertake any projects south of Highway 12. Count; Road V 6 A;.ri i 5, 1989 Pays 2 of 2 S. Table for further discussion. RECOMMENDATION It is recommended that if the County does in fact go ahead and construct County Road 116, that the City request the County to place County Road 116 to Highway 12. This is in light of the fact that Orono will be faced with all the traffic concbns and :he City will have to expend funds for the next several years to ' w onstruct the road (i310,000) anyway, and that the City could reduce its co,:ts should the signal light be put in on Highway 12. This conversion of Willow Drive to a county road to Highway 12 is in line with the City's Comprehensive Plan as noted in the February .L9, 1989. This is recommended if the County would enter into an agreement with the City that it :,•ould not extend County Road 116 :.ny further without a City {vitiated request. it is further recommended that the realignment be shifted to t'ao west and that abutting property owners who develop the properties in a planned development arrangement be given credit fog -,he additional right-of-way in determining the density on the propes�v', provided that the right-of-way is granted free of charge to the County. is additionally recommended that the alignment at the intersection irf illow Drive and County Road 6 be Ions so as to minimize the impact on the _.eighb,, ..; . ,..`tinq Willow Drive at that juncture together with resolving the curiirt drainage problem related to Willow Drive. PROPOSED OTION Moved by —, seconded by , that the Council allow Font nucus opposition to the construction of County Road 116, desires that if it is to be constructed in the City of Medina, that it be continued to Highway 12 with an alignment to be worked out between the City and the County. Ayes nays cc: Commissioner Tad Jude Pat Mur;hy, City of Medina TO: Mayor and City Council FRCM: Mirk E. Bernhardson, City Administrator DATE: February 15, 1989 SUBJZCT: County Foad 116 COUNCIL MEMNG Attachments: A. County Road 116 Memo Dated 1/26/89 B. Traffic Count Map C. James Cox Letter Dated 2/I/89 Received 2/15/89 ISSUE - Determination as to what action the City of Orono would Tike to have taken in relationship to County Road 116 should the County gc ahead with this project. INTRODUCTION - The City has transmitted its oposition to the County Road 116 in Medina as noted in Attachment C. At the Council's January 23, 1989 meeting the Council in addition to directing staff to express its oposition %abled consideration of the items related to what Orono would like to have done should the County proceed with County Road 116. DISCUSSION - The summary of issues are noted in Attachment A and in addition are the following issues: Road Classification A review of ton comprehensive plan classified Willow north of Highway 12 as a minor collector. As noted in the definition of that in the comprehensive plan it indicates that it is co be a minimum of 80 feet right-of-way and under the jurisdictional control of Hennepin County. Traffic Counts 1( 987) As or tree 1 sue —of —traffic counts that were raised, the County had indicated that it would go from approximately 1,400-1,900 cars per day to approximately 2,900 cars per day. Most of this traffic would be c--nsolidated from other north/south routes currently exi-ting in Medina and Orono. Even at 2,900, there are several streets in the community that presently exceed that including North Shore Drive (4,400), Shoreline (17,200), Shadywood (11,000 and 6,400), County Six (5,100). It should also be noted that currently Old Crystal Bay Road between Six and 12 carries 3,823 trips per day and North Brown carries 1,911 trips per day. Drainage As noted in Attachment C Mr. Cox has raised a drainage issue that 4e feels should be addressed in any change. Drainage issues that are addressed in Mr. Cox's letter can be addressed at the time of development on the west side of Willow fear County Road 6 or if and when County Road 116 is scheduled to ;e extended tn Highway 12. 1 ALTERNATIVES - 1. Choose to take no action. 2. Agree with full construction to County Road Six 3. Request the construction of 116 all the way to Highway 12. 4. Get an agreement that if it goes to 12 the County will not undertake any projects south of 12. 5. Table for further discussion. RECOMMENDATION - It is recommended that the City of Orono would be financially best off that if the County does go ahead and construct 116 in Medina by having the County take it over to Sighway 12, but that the County execute an agreement that they make no effort to undertake any project for 116 south of Highway 12. PitOPOSED MOTION - Moved by _, seconded by _, that the Council direct staff to minimize the impact of 116 should it be undertaken. Ayes _, Nays _. cc: Pat Murphy, Hennepin County Public Works 2 I_5d9.1 TO: mayor and City Council rn.cm: Mark E. Bernhardson, City Administratoc+'� 1 DATE: January 26, 1989 SUBJECT: County Road 116 Attachments: A. County Road 116 Dated 1/11/99 (Memo Only) B. County Road 116 Draft Resolution ISSUES - Determination as to whether the Council wishes to adopt the attached draft resolution as its statement of opposition to County Road 116 proceeding south of 3ighway 55. INTRODUCTIOt: - At the Council's last nesting they directed staff to indicate the Council's opposition to County Road 116 going forward together with tabling the balance of the issue related to the City's action should the road be constructed. DISCUSSION - In additson to the issues contained in Attachment A is the t that an upgrade to standards similar to that the County would be using on 'willow is contemplated in the City's Capital Budget for about 1995. The estimated cost of this reconstruction was approximately $300,000. Related to this was the potential need for further right-of-way to the west to protect homes on the east and that such be undertaken prior to any development in that area. (As potential acquisition of right-of-way may be required regardless of who reconstructs it, it may be appropriate that the City explore giving the property owners equivalent density credit for the right -cif -way given up in exchange fn• no cost incurred in the right-of-way acquisition. Zf the County were to do the road the only City cost would be half the right-of-way costs.) It may be appropriate that this be dedicated in any planned development or subdivision. Raised at the meeting was the issue of the future location of Highway 12 and its relocation to an upgraded willow. Should Highway 12 stay with the current corridor 116 would continue to provide the feeder to the extent that it presently is proposed. To the extent that Highway 12 would go north of the current location, they Willow/116 would provide an access route to that northerly location. Should it go further south it would serve as part of the conduit for traffic to Highway 12. ALTERNATIVES - Adoption of Resolution a. Adopt the resolution b. Amend and adopt c. Table mayor and C:t? Counci_ psCs: !!ar'c E. Bernha:dson, Cit? Adm:nfst.ator _ DAM January 11, 1989 SDBJEC'T: Count] Road I16 Attachments: A. County Road Ili 1ea0 Dated 1/4/99 B. Letter to Mesiat�.ItS Dated 1/:9/81* ISSUE I. Determination of councils support or opposition regardiz; the proposed upgrade of 116 to to expressed to the Count.! Board. 2. If County 116 goes ahead, e t.-,i"3tocc noas to what actions the City would like the County to IV':':tCDGC'.'ICy - At the Council's ;an AP 1999 Council meeting At that E e issu Count_ Road 116 was used by Council.8ti1g when meeting it was tabled until �oi i� b�noaesent _ndividuals from the County DISCCSSION - Issue 1. - As mentioned at the last meeting the decision is one wi b tse County Hoard And the City of Medina and efforts regarding that in the City of Orono should be directed to either one of those two tOdies or both. it currently is programmed for Sprinq 1990 construction. Issue 2. - The following represent issues the City has discussed v—t7h—e County to determine their position should the County choose to go ahead Ln 116. A. Willow Drive - Medina Birder to Six - Related to this segment are two Lssuess 1. If Council desires County tv take over this section voluntary. (The County feels they have right to acquire without City concurrence.) 2. Once County has acquired jurisdiction the County, at its option, can either construct an improved segment to County Road 6 ar stop at the border. 3. Construction layout - This Mould be construction layout to minimize the impact to the majority of home=.' B. willow Dr_ i� _ Si* - The issues related to this are e o owing: "ded that _.`.e Counc:I adcat the :esoiut:on for transmission to both t:he Cou.:ty 3carl and the C:tf a Medina. PROPCSZ- MCT:O`1 -+loved by , se:.nded by � r adoat Resclstion #_ indicating its 0000si�.ontto�CountluRo3d II6. Ayes _, Nays _ cc: Pat Murphy, e.Gi1i5 � +- 'able. H . 'r _ llow, - c i, �� 12 la. Choose not to participate. ,. «.. •,; take over lb . voluntar it j alloy the Caur._ 2. allow the Cauntl to reccns`__- rel;gn„,ent. 1. Allow the Cjor.tt to under take <. Allow re=onst= action of Willcw Drive into a? lignm� S. Table. ggCp M- ATZON - Issue - it is J rec.mmendeodc'=�atoidot so Cianthe form r of a exrress• o,,cosi.:_on c - sup- � Board. rssolut-.on di_ec•:sd to the Count? the Issue Z. - If the project goes aheaduntie to consider. This fol owing recammendations for t.`.e City is predicated and assuming that the t=a.4fic generated will be at the Medina border and its an of -art at toying to make the best of the situation. a. That sthe :: to Sigtaa_v 12 the county to take ovar the entire etc b. Requ' re the Count*! to reca,�st�uct it' along an alignment that the City aesires. the City to miftimize c. That the County work w l h n,)rth of County Roadt6e impact on the homes P d. Pry $irate it upon the County cc upgrade betiundertak to z,a area gout: of 12 should the bridge uPg- il PROPOSED MGZ:ON Koved by _. Seca�3ed by that the Coc.:the directs Jtaf= to work with Nayst! along the lines of the !t1ff,s recce — 3 C�u-.^ . gad __5 _ Ccc:'�'l ti Ce =ia :cz as toVwnetne: tae ,Country des:!,_s to -=Cj1eSt Zenaepin C3u1ty take aver this on a 7 Ji1nt :Z! basis. 2. Reconstruction - Determining whether tho! :.ouncil desires to have or approve plans of this segment the CJuit'? takes it over. 3. Alignment - Deter=`-- if the Counci'_ desires to have this s constructe3 slightly to the .rest (up to 14') to buffer existing recidwsices on the east wit.out a substantial impact on the undeveloped portion to the west. 4. Richt-of-Wall - Cnl.., the costs entailer: would be 1/2 of :ight-of-way costs. (S19,000 - 2 a 9,500) The rigat-of-war costs between 6 and 12 could be minimized by dedication of RCof for development. S. Hike T:af.ls - As an action a one sided bike path could to ins`a led Rcr about $19,000 of w::i=h the City would pay ha.: . :t should be additionally noted that should the County take over the entire lenght !:am the horde: to gig`taav 12 the :allowing benefits accrue to the City or Orono: 1. Sicnalication at Wii:owls - While this would not guarantee a signal at the point that vehicle warrants for cross traffic are feet, the County would pick up a portion of the light which would otherwise be Orono's (510,000). 2. mSA mileace/7undinc - Should the County take over Willow Drive the City would be able to designate another eortion of that road in the City if it chooses for MSA designation together with using its funding that it gets for other needs in the community. This is particulary in light of the City saving any reconstruction monies for the future for willow. UTMRNATMS "asue 1. Choose to support. Choose to oppose. . C'coose to take no positJn. "noose to table. 2.A. Willcw - Med:ha to Six .i. Choose not to partici?3te. �. Allow County to voluntarily take over the segment. Allow construction of an upgraded segment. Specify alignment for that construction. 2 RESOLDTION IN OPPOSITION TO COUNTr ROAD 116 BEING EXT—ENDED _FROM HIGaWAr 55 TO COQNTr ROAD SIX WHEREAS, the City of Medina has contemplated construction of a north/soulh route from Highway 55 to its southern border in the approximate center of the community, and WHEREAS, the City of Medina under 5,000 population does not qualify for Minnesota State Aid Roads, and WHEREAS, the County has agreed to fund construction of this road through its bonding funds for an -stimated total of S2.9 million, and WHEREAS, the City of Orono having a population over 5,C11 -eceives its ou.• Municipal State aid monies, and WHEREAS, although the County's standards for construction of 116 would be similar to a revision of Willow done by the City, the City is concerned about the negative impact of increased traffic by construction of this route in Medina, and WHERK&S, substantial opposition to this road in Medina was made evident at the Orono Council's consideration of this natter, and WHEREAS, substantial opposition in Orono was generated "o this proposal, and WHEREAS, the City of Orono realizes that the County has lie legal right to designate and/or construct any or all ?ortions - E the road it chooses to in the City of Orono. NOW, THERBPORE BE IT RESOLVED, that the City Council of ie City of Orono goes on record indicating to th^ County Board .,d the City of Medin.z its opposition to construction of County 16 from Highway 55 to County Road Six. Adopted by the City Council of the C' of Orono, znesota at a regular meetin4 held February 13, 1 a, - lt\,- '(.1 :'SST: James R. Grabek, Mayor � �J -otny 4. Bailin, City C erx . � t•rn.a .....__... _ •, .. : = •:;1 ................./ _ :i ,� '''I/••/441.....nq..:. H.Lrb11 �. W\ ..N...�11.I I/I..r1.11., • . � _ ` �v,' .••.I ),IIA • T- �`� •�� � `� I..�r�1 \ 1 r i r i lenl�'� ApyU11 CIASSIfICA110'l`f�•f��t two IIIIIIIIIAL ' .its. • i ;:�_ �. :�•.�'� •� 111111111 InUAr[OIAt1 M1QIK�� i } . .I. •.. /rip rw.\,� =� .. •) - • \ .N� NIAIM MICAIAI •; COLLICICI •� ._ \ _ IJ.11.....nq.ou. �.J 1 I �� Sc(tic rmcaIf i /941641 Is ... •�•_.-.- '-•-•-��-Cit; cF Crcr;o, jilinnesotai?" A ?rinc°pa� Arterial it a c_1'e-separated, high -ac:ty, controlled access highway des:;ne,:, to Move vehicles trough an not within a community. Principal ar-er:als have no local land use ;4yy• The only principal arterial near Orono is that portion of State 7hwav 12 that becomes li-nited-access eas of Orono's eastern boundary .:h Wayzata. ...-EMEDIATE ,RTEVq.'AL An Intermediate Arterial is a controlled -access, derats y nign capacity highway designed to move vehicles between cities in Orono's situation, between the free-s..andinq growth and -state cities west of Orono into the metropolitan area. Intersections controlled. Land use access is intended to be limited to limited and or traffic generators without direct access to residential properties. Art lessHandighwintersectionay 12 is anicharacterist csntermediteareltypicalhof anminor harLezialy collector. JURISDICTION: STATE DE?AR':mE:7T OF TRANSPORTATION RIGHT-OF-WAY WIDTH: Minimum 100 FZ... FOR TWO LANE HIGHWAY IR ARTERIAL A minor Arterial is a controlled access, moderate capacity -yet or highway designed to :Hove vehicles within planning subregions and ;acent subregions. -erial functioning to move, The La-e Minnetonka Rinq Route is a minor -teen adprincipalfly comuters and truck traffic, _ m the western Lake Minnetonka communities into the urbanised areas of Twin Cities. The minor arterial rout:• channels traffic away from Minnetonka to Stat• Highways 1: and 55, and in the near future, to _ree` intersection with Interstate 494 in Plymouth. Land use access e intended to major traffic generators and local street to limited "rsections without direct access to individual residences. ,;URISDICTION: HENNEPIN COUNTY DE?ART.yE:7T OF TRANSPORTATION R:Gi{''-CF-WAY WIDTH:M::7ZYUM 80 =ET ^'JR TWO LANE HIGHWAY :,EC'.0R A Collector street functions to collect traffic from local ••ets and e:ove�it ti4neighborhood activity centers or to intersections use access i minor or i.._eraed.ate areerials. Local land s permted is zegulated as to lc-ation and number with direct access to be :ded whenever alternat4va local street access is available. Intersectior ot:,er collectors are often controlled with signals or with four-way tIgns. Traffic usage is moderate. JURISDICTION: COUNTY OR CITY RIGHT-OF-WAY WIDTH: 60-66 FEET C.%iP 7 -15 1 1 I 1 11 ---- IZZ. -L TL.2� us r STAN t EDZWA �C =�j Y, �FEE 15 f� -1). Crcno Ci Ccur.gi . t A� 4cal"Ye 7 We 'live at 1020 X. Willow Crive (e=st side of Willow, south of Co. cd. 6) . '_'here a-�e two issues I want to cover with the Crcno Council; first, proposed Co. ?d. 116, secc-:d, surface water run-off. _ In r=izard to Co. ?d 116, there are four questions I would like to have answered: 1. Concerrine the intersection of Co. P.d. 6 and Willow Drive -- there are numerous accidents `Mere now, and if Co. ad. 12.6 doubles or triples the nu..,ber of cars, accidents will L^crease a^-rczimately tt.e same ?=curt. What do ycu r. tc do ;I? vC make it safer -- a 4-way Stop? 2. Ccnce~"1ng the 1.^.tersection :f F:.y 12 and 'it.' low Drive -- in the morning and from 2:30 on In the afternoon It is ne7t to : mposslble to ,set on Hwy 12. If traffic doubles or tri^'es, ho-, arc- you going to ha=d_e this additional traffic wlt::o;.•t serious accidents? Do you • eal_ze if a correction is made '�etXeen Hamel and Long L.Ke a tremendous amount of semis and r_ravel trunks will use tis road who presently do not use 'pillow Drive. Can you see semis trying" to _Toss Co. ?d. 6 and get on Hwy 12? Thoy are using 101 and 19 now. �. How are you goinx to control traffic speed" Hight row we have ptople travelin: 50-55 c11es per hour on Willow Drive. Second, regarding surface wa,.cr r-ar-off: We own the land on the Foutheast side of Willow Drive and Cc. Dd.6. This is a f3r_ilf farm that hac been in our family since 1955. We •^•ave ::ad an on-gcin_ water rob''_ea er. cdinx our a d " 1.� from the ?hi11/ps development on Cc-.�Rd. 6, and also from the recent reroutins in water drainage on the west side of Willow between Co. Rd. 6 and Ftwy 12. With Cc. Rd. 116 being wlaened and new ditches cominc in, the ea:;.Lest way for them to net rid of e7cess water is to eun it across our rroperty. C •.-- :. 1�_�� ...-_ .nz=e" a::! MR Ma:: tc wear =3:� ��• :_.:e�� __ s:-e_-e eater rrcb:em :::e west rr== =fie F!::_ s ;r a.lec' `s-e tees wc:,k __ .; :s >• =:: Gerhar,!'sc= 'cr a ; ea-r &=:! S-I-cerz:?, �012: .JI. Willow Drive ..c=r :.ake, Cw. TAD JUDE �a� !^n t_..-- ►H N[ COMMISSION[[ 1 _ s4e-do li 1' APR - 3 . -STUD" .1 •rToa Ij BOARD OF HENNEPIN COVNTI' COMMISSIONERS 2400 GOVERNMENT CIN_ft[ MINNEAP01.I1, MINNESOTA 53487 March 28, 1989 `';i:; .�•:. �`i'; �,�;� .:o: Mark Bernhardson City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Mark: I appreciated the opportunity to discuss the status of County Road 116 on the phone with you. As•I mentioned to you, I will respect and support the official position of the cities through which County koad 116 is proposed to be built. �'" r'''•"``•'y'� "+ It is important to me that county and city work hand in hand regarding transportation and other issues where our responsibilities meet. If the City of Medina continues to formally support County Road 116 on its proposed alignment and design, that will also be my position concerning the City of !Medina. I would expect to respect the position of the City of Orono in a similar fashion. Please let me know if I can be of further asststance to you on this or other issues of concern. Sincerely, lb CITY OF MEDINA, I�f _C �SU RESOLUTION N0. r SC?PORTINC CO. RD. 116 Iv THE CITIES OF ORONO AND MEDINA''•C C 'W?MEAS, the extension of County Road 116 has been on the City of 's C rehensive Plan for many years, and WHERF:S, the construction of County Road 116 will greatly enhance the City of Medina's emergency response capabilities. and WHEREAS, the county's road standards are better than of the City of Medina's, thus providing for Letter traffic and recreation ro i IWEREAS, the maintenance of some existing City of Mew _7� ds will be taken over by the county, and WHEREAS, the City of Medina is under 5,000 population and does not qualify for Minnesota State Aid Roads, and WHEREAS, the construction of County Road 116 will cost S2.4 million, which is more than the City of Medina can afford, and WHERzAS,the City of Orono as well as all cities of the City of Medina's size have more county roads than the City of Medina, and WHEREAS, with t' resolution the City of Medina reaffirms its commitmnt to the construction of :y Road 116, and WHEREAS, Hennepin County has placed the extension of Count.-::<oad 116 on it's lOw road construction plan, WHEREAS, County Road '.!a will end at the City of Orono border if the City of Orono does not permit it to extend further south, and ;%NMEAS, traffic will probably increase on the City of Orono streets, and at the intersection of Willow Drive and Highway 12, and '.?+FMFAS, the City of Medina will support the City of Orono in obtaining a stop light it Willow Drive and Highway 12 if the City of Orono permits County Road 116 to extend to Highway 12. and 4WEAS, the extension, nf County Road 116 is good for the City of Orono for the same reasons as it is for the city of Medina. now '?EREFORE BE IT RESOLVED, that the City Council of Medina goes on record recommending fiat the City of Orono allow County Road 116 to extend to U.S. Highway 12. _'opted by the Council of the City of Medina this _dawr off ��1 eg. --:•ESr:'_ fir: �, ,_� �,..•1`,_ , � � '' � � 1 Clerk -Treasurer MINUTES OF THE ORONO COUNCIL GREETING OF "RIL 10, 1989 COUNTY ROAD 116 C^NTINUED would not be don. The issue Bernhardson was bringing forth for discussion is what Orono will do should the County Road 116 project proceed. It was Bernhardson's understanding that the project was going ahead. If Orono wishes to have any upgrade done within its City limits, they will need to notify the County soon. Mayor Grabek stated that he was still opposed to County Road 116 going ahead at all, 1. it it appears as though it is. In light of that, he did not believe that the City should miss the opportunity to have that portion of the Road that lies in Orono upgraded with County funds. He did not want to burden the taxpayers with the cost of the inevitable upgrade of the Road. He felt it best to ask City Staff to keep the Council abreast of the progress and indicate when it may be appropriate to contact the County. It was moved by Mayor Grabek, seconded by Councilmember Goetten, that while remaining opposed to.the construction of County Road 116 south of Highway 55, the Council directs the Staff to work with the County to have it extended from the Orono/Medina border to Highway 12 if County Road 116 i:.• to be cons`rlicted in Medina. There was a question from t'.ie public: (Tom Haislet) as to whether the upgrade of Cuun -v Road 116 would allow for a stop light to be put on Highway 12? Lc n;iardson replied that such a decision would have to come from MN DOT, not the County. Mayor Grabek asked about possible funding available to upgrade Willow Road south of Highway 1.2. Bernhardson stated that the City has not pushed for that. Councilmember Goetten concurred with Mr. Hais.let in that a stop light was needed at the intersection of Willow a..d Highway 12. City Administrator Bernhardson explained to Mayor Grabek that the City needed to indicate its position on upgrading the Road to Highway 12 as soon as vossible. Councilmember Goetten did not believe that such a decision should be left up to City Administration.council-member Callahan asked for clarification regarding the proposed realignment to the west the.t would be necessary. He asked who wou13 be responsible for condemning the land that would be needed. Bernhardson said that the County does the right-of-way acquisition, but the City wound be responsible for some of the cost. Motion, Ayes=4, Nays=O, Motion passed. COUNTY ROAD 15 BOULEVARC RESTORATION Public Works Director Gerhardson said that in his opinion, it would be in the best interest of the City to put concrete in the boulevard west of Blaine Avenue to the Orono/Spring Park border. The Council had previously agreed to put grass in that area. However, Gerhardson believed that grass would not be maintained and would become an eyesore. Councilmember Goetten said that she understood Gerhardson's reasons for wanting to put concrete in the boulevard, but thought that sod was more suited to Orono's rural character. 12 City of OHONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING PRELIMINARY DESIGN OF COUNTY ROAD 116 (WILLOW DRIVE) FROM HIGHWAY 12 TO MEDINA BORDER WHEREAS, the City of Orono is a rr!,nicipal corporE.;.ion existing under the laws of Minneso..a; an•1 TTHEREAS, the City of Orono .)as been informed that Hennepin County will construct County Road 116 north or Orono in th City of Medina; and WHEREAS, it is in the best interest of the City of Orono to consider extending County Road 116 south to Highway 12. NOW THEREFORE BE IT RESOLVED, that the Orono Council does hereby approve the preliminary design of County Road 116 from Highway 12 north to the Orono/:ledina border. Adopted by the Orono City Council on this 25th d-y of September, 1969 Acting Mayor ATTEST: Doioth� M. Hall.in, City Clerk COUNCIL MEETING MINUTES OF THE REGULAR ORONO COUNCIL MEETING SEP 251989 HELD SEPTEMBER 11. , 1989 ATTENDANCE 7:00 P.M. CITY OF ORONO The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Goetten, Nettles, Peterson and Callahan. The following represented the City staff: City Administrator Bernhardson, Finance Director Kuehn, Building & Zoning Administrator Mabusth, Assistant Planning and Zoning Administrator Gaffron, City Engineer Cook, City Attorney Barrett, and City Recorder Scheffler. SALE OF BONDS RESOLUTION #2691 The Affidavit of Publication and Certificate of Mailing were duly noted. City Administrator Bernhardson said that the City wished to award the bid for the sal- of $2,300,000 of Wi' er and Sewer Revenue Bonds for future improvements to Highwa,r 12. Bernhardson noted that the City had beer, upgraded from a Aa bond rating to Aal. This puts the City of �;rono in the same c'_ assification as the Cities of Edina, St. Louis Park, and Fridle, and the Edina School District. The only rating above Aal is A, -:a, which is held by Hennepin County, Ramsey County and the Cities of Minneapolis and Rochester. Mayor Grabek asked what the City of Orono had done to achieve such an excellent rating? Ms. Carolyn Drude of Ehlers & Associates, replied that it was a combination of e financial health of Orono, the planning that has been done ne past, and the economic factors of the City as a whole_. M5. Drude noted that Moody's nad not given any other City the size of Orono an Aal rating. Drude added that the efforts of the City staff were also responsible for the Aal rating as was the way in which the City Council acted as a body Mayor Grabek complimented the Council acid City Staff for a job well done. Bernhardson added that Carolyn Drude was also deserving of recognition for her assistance in working with the City, as was Tom Kuehn, Finance Director, in light of his effective method of financial reporting. Ms. Drude called the Council's attention to the coupon rates and how competitive they were with one another and with the market. It was moved by Mayor Grabek, seconded by Council.member Goetten, to adopt Resolution #2691 awarding the bid `.o Dean Witter Feynolds, Inc , Prudential-Bache Capital Funding, Shtarson Lehman Hutton, Inc., �iith Barney, Harris Upham & Company, Inc., at a bid price of $2,283,070.00, for the issuance of $2.3 million in bends, at a net interest cost of 6.5101%. Motion, Ayes=5, MINUTES OF THE ORONO COUNCIL MEETING SEPTEMBER 11, 1989 SALE OF BONDS CONTINUED 1 Days=O, Motion passed. CONSENT AGENDA* City Administrator Bernhardson noted that with regard to item #12, Ralph Burgess, Mr. Burgess requested that his application be withdrawn until October 9, to allow him time to revise his proposal. Bernhardson also requested that item #14, Award of Bids for Highway 12 well be tabled. with regard to item #25, Licenses, Bernhardson said that he had received an additional license request for a Special Event ('Parade of Homes for VanEeckout) and asked that it be included for consideration. Councilmember Peterson requested that item #23 be removed. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Consent Agenda, tabling items #12 and #14, including VanEeckout's Special Event license application with the other licenses noted in item #25, and excepting item #23, which was removed and discussed in the order it appears on the agenda. Motion, Ayes=5, Nays=O, Motion passed. APPROVAL OF MINUTES* It was moved by Councilmember Goetten, --econded by Councilmember Peterson, to approve the Minutes of the August 28, 1989 Regular- Council Meeting. PARR COMMISSION COMMENTS* There were no Park Commission comments. PLANNING COMMISSION COMMENTS Planning Commission Representative Johnson was present and indicates; that he no comments at this time. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT: #1428 CLIFFORD OTTEN NORTHEA.IT QUADRANT WILLOW & HWY 12 PUD-REZONING PRELIMINARY SUBDIVISION VACATION RESOLUTION #2692 Mr. Otten was present for this matter. Citv Administrator Bernhardson provided a brief explanation of this application. Building and Zoning Adm4-istrator Mabusth noted that this application included the vacation of Pine Ridge Lane which is in keeping with the City's Comprehensive Plan Amendment. All but 25' of Pine Ridge Lane wi 11 be vacated and the 25' remaining wi 11 serve as an access corridor for Lot 2. 2 MINUTES OF THE ORONO COUNCIL MEETING SEPTEMBER 11, 1989 ZONING FILE #1428-OTTEN CONTINUED Bernhardson said that the proposed access road off of Highway 12 had not yet been approved by MNDOT. In additi.on, the final draft of the water and sewer proposal was not complete. He said that these issues, when finalized could be made a part of the subdividers agreement. Mr. Otten elaborated on the Highway 12 access issue saying that he was only requesting approval. of ingress for west -bound traffic. Otten said that he had met with MNDOT and they had indicated that they would like more time to study that proposal. He said that the District Engineer had suggested that the Council support his proposal, subject to MNDOT's approval. Mayor Grabek asked whether the City considered future development of Highway 12, i.e. Interstate 394, when asking for right-of-way dedication? Mabusth said that the City was asking for an additional 10' of right-of-way from Mr. Otten. She asked City Engineer Cook whether the 10' was for safety ii.iprovements only? Cit} Engineer C,iuk replied that the 10' would only be for safety impruvementi. He said that if 394 were to proceed through Long Ie'" there would be a need for a corridor approxiir?tc.ly 3C0' wide. May,)r (-,rabek asked how wide the prevent �:orridor is? Look mid it was 10( ' . Bernhardson said that technically 394 could not extend west 3eyond 494. More than likely a 4 lane highway would be designed, the question is whether it would have separated crossings with limited access or at grade crossings. He said that he di.i not believe that the funding was available for a "freewa,,• style" desig;i. He said if necessary, 4 lanes could be squeeezec' into a 100 foot width. cook concurred with Bernhardson saying the the old County Road 18 wEs an example of that design. Mayor Grabek suggested that the City consider the improvemen, cf H: ghway 12 as development occurs in th.11. area 'U..• insure that adequate right-of-way is provided. He :zid :Lt woulc: be less "traumatic" for the property owner *i plan for the additional right-of-way at the time of development, rather than having to give up additional land at a later time. Mabusth reminded the Council and Mayor Grabek that Mr. Otten's business structure would be located 110' from the newly defined right -of• -way. Mr. Otten also noted that becauGe Highway 12 was designed as a rural section, there is a significant ditch area that would not be needed if the road is redesigned as an urban section. I MINUTES OF THE ORONO COUNCIL MEETING SEPTE24BER 11, 1989 ZONING FILE #1428-OTTEN CONTINUED Mayor Grabek asked whether the City's Comprehensive Plan addresses the need for additional right-of-way along Highway 12? Bernhardson replied that at the time the Comprehensive Plan Amendment was being drafted, indications were that the problem area for upgrading Highway 12 existed in Downtown Long Lake and east. The City felt that there was adequate area for additioral right-of-way (1001) along Highway 12 located in Orono. He said that it has been difficult to determine from MNDOT hew much right--of-way may be needed. Mayor Grabek said that the City needs to address this and should obtain an answer from MNDOT. Bernhardson said that he would attempt t-) obtain a definitive number from MNDOT. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2692, approving the PUD-Rezoning, Preliminary Subdivision and Vacation for Cl.Lfford Otten, including the support of Mr. Otten's request for an ingress - ` ` of Highway 12 to serve as an access, subject to approval by MNDOT. Motion, Ayes=5, Nay--), Motion passed. #1430 MOR!3E HOMES 4127 OAR STREET VA.RIAMCE RESOI -3N #2693 Mr. David Morse was present for this matter. Mr. and Mrs. Charles Hocnmeyer, abutting property owners; were also present. City Administrator Bernhardson informed the Council and Mayor Grabek that this application involved a request for average lakeshore setback variance to construct a gazebo and deck behind the 75' setback line. 1 n addition, a tram will be constructed ahead of the average lakeshore setback and within the 75' setback area. With regard to hardcover, Bernhardson said that even though hardcover will remain under the allowable percentage in the 75-250' zone, it will slightly exceed the percentage allowed in the 250-500' setback zone. Bernhardson noted that the :Tanning Commission had voted to recommend denial of the gazebo with the roof. Mr. Morse asked that the Council review the application with the gazebo as he initially proposed. He said that the gazebo would not interfere with sight lines. He said that r?ue to the grade dropping 8' the gazebG would be 16' tall, b-it that the walls would only be 8' high. Councilmember Goetten said that she did not object to the concept of the gazebo, but did not like the size of the structure being proposed and would like to see a smaller structure. b,iilding and Zoning Administrator Mabusth clarified that the Planning Commission's objections pertained to the gazebo being to•-) "intense" a. structure for a gazebo and that it appeared more 4 MINUTES OF THE ORONO COUNCIL MEETING SEPTEMBER 11, 1989 ZONING FILE #1430-MORSE HOMES CONTINUTED like a "bunk house". Mr. Morse said that the gazebo would be 12' x 14' and said that was a normal size for a screen porch. Planning Commission Representative Johnson said that a gazebo is generally open on all sides. Mr. Hommeyer. said L!1dt he too was concerned about the mass and size of the gazebo structure being proposed. Mr. Hommeyer said that it wcild be easy to convert the structure being proposed into a 3-season porch by adding windows. He said that it was a large structure to be built in front of the average lakeshore setback line. Councilmember Goetten concurred with Mr. Hommeyer's comments regarding the ease of converting this structure into a 3-season porch. She said that she would approve the other aspects of this application, but that she objected to the gazebo design, Councilmember Nettles asked M. Morse �:,�jw :,(- ,,)uld : ike to have the Council proceed? Mr. Morse said that it was important that he continue building. He s-id that he would accept the Council's vote as the proposed Resolution set forth and that he would bri:7 back a revised plan for the gazebo ,mot a later time. It was moved by Councilmenl)er Nettles, seconded by Councilmember Goetten, to adopt Resolution #2693, approving t:ne construction of the tram and deck, ai,d tabling the portion of the application pertaining to the gazebo. Motion, Ayes=5, Nays=O, Motion passed. #1432 JULIA WHITNEY 4470 FOREST LAKE LANDING VARIANCE RESOLUTION #2694 Ms. Whitney was present for this matter as was her architect, Mr. Randall Supplee. City Administrator Pernhardson explained that Ms. Whitney was requesting approval of a hardcover variance to remodel and construct an addition on her existing residence. Hardcover will be :educed from 33.8% to 31.7% in the 75-250' zone. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2694, approving the the hardcover variance required to construct an addition to an existing residence. Motion, Ayes=5, Nays=O, Motion passed. 5 MINUTES OF THE ORONO COUNCIL MEETING SEPTEMBER 11, 1989 #1437 JOHN IDSTROM 2580 FOX STREET VARIANCE RESOLUTION #2695 Mr. Idstrom was present for this matter. City Administr.tor Bernhardson informed the Council and Mayor. Grabek thdt the applicant wished to construct a barn nearer the front lot line .:hat the principal structure. It was moved r Councilmember Callahan, seconded by Councilmember Peterson, to adopt Resolution #2693, approving the construction of an accessory structurL nearer the front lot line than the existing principal structure Motion, Ayes=5, Nays=O, Mc:tion passed. #1439 LAWRENCE LANGHANS 1366 REST POINT ROAD CONDITIONAL USE PERMIT/VARIANCE RESOLUTION Mr. Langhans was in attendance of this meeting. City Administrator Bernhardson provided a brie' histo:1 of this after -the -fact application for cons -ruction of a deck and retaining walls. Assistant Building and Zoning Administrator Gaffron said that the City staff was recommending appro ral of the retaining walls in that they are necessar- to protict the banks from further erosion. He also said ti,at the remaining foundation walls were serving the same purpose. Mayor Grabek asked Mr. Langhans if he was aw,-re of the fact that a permit was required to construct the dec"I.? Mr. Langhans replied that he did not think a peL:-i.t was required to replace what was there. He said that if he going to put on a new structure he would have applied fo•_ permit. Mayor Grabek asked what measures could be taken by the pity to assure that the deck would not be converted into a 3-season porch? Building and Zoning Administrator 111abusth replied that the deck was a non -conforming structure subject to all pertinent ordinances. Mabusth said that Mr. Langhans or a future owner of the property would have to apply for a building permit and that the Resolution would filed on the chain of title. Councilmember Goetten expressed concerns about the stability of the concrete foundation. City Engineer Cook said that he had not visited the site and could not render an opinion at this time. 6 MINUTES OF THE ORONO COUNCIL MEETING SEPTEMBER 11, 1989 ZONING FILE #1439-LANGHANS CONTINUED Mr. Langhans said that the two remaining side walls are helping to support the foundation. Gaffron said that he had not seen any cracks in the wall or any other indications that the wall was deteriorating. Mr. Robert Bredasen, 1410 Rest Point Ro:id, said there were many structures similar to that of Mr. Langhans in the West Arm Bay. He said that he was in favor of what Mr. Langhans had done and added that it does not interfere with sight lines and it prev-,nts the bank for eroding. He urged the Council to approve Mr. Langhans' application. Mr. George Bloom, 1374 Rest Point Road, said that he too favored Mr. Langhans' proposal due to the roof ana foundation helping to alleviate any further bank erosion. Mr. Bloom also commented that whether or not the deck remains, a railing is necessary as a safety measure due to the steep drop. Councilmember Peterson asked Gaffron whether the Lake returning to a normal level would have any adverse effe.:t on the foundation of the deck? Mr. Langhans replied that the lake level has never been high enough to reach that area. Gaffron agreed, noting the 934' elevation of the pier footings per the topographical survey. Councilmember Peterson said that she had commented to Mr. Langhans that she would like to see screening for the cement foundation. Mi. Langhans said that he would like to plant some vines that would cc,ver the wall. He said that he would be willing to paint it if that was the Council's desire. Mayor Grabel said that the only factor that would give him reason to approve this application is that the damage to the boathouse occured in the 1987 storm. Mayor Grabek said that it .,.•.uld be helpful if the press would make an attempt to one t- a�., inform Orono citizens that permits are regired for doing anything within 0-75' of the take. Mayor Grabek said this 4ould be the first time that he can remember voting in favor of any new structures within 75' of Lake Minnetonka. It was moved by Mayor Grabek, seconded by Councilmemr--r Peterson, to approve the construction of the deck and retaining walls provided that proper screening is used and that at no such time in the future anything f -ther be done in that area. Councilmember Goetten asked that caff examine the stability of the foundal_lon prior to the building permit being issued. Motion, Ayes=5, Nays=O, Motion passed. 7 MINUTES OF THE ORONO COUNCIL MEETING SEPTEMBER 11, 1989 #1442 LANDSCHUTE GROUP INC. 3300 BAISIDE/375 LEAF STREET PRELIMTNARY SUBDIVISION RESOL!.`'i . ON Mr. John Munsen, a potential buyer of 3300 Bayside Road and 375 Leaf Street, was present for this; matter. City Administrator: Bernhardson said that this was a renewal application for a preliminary subdivision. The original application was approved in 1987 and expired in Novemher, 1988. A lot width variance will be required for each lot. Mr. Dale Nyhammer, 3280 Bayside Road, said that he was concerned about the development affecting his pr,vacy and the -reek that runs along Bayside Road. Mr. Nyhammer said that h.� w, s new to the area and had been advised by the previous owner of hip property that there were problems with water flow. Mr. Nyha lmer also said that there were several large trees on the prope--ty to be developed that he would hate to see removed. Mayer frabek informed Mr. Nyhammmer that the City had policies i•, place that protect property owners from increased runoff resulting from newly developed adjacent property. Mayor Grabek also said that property owners had a right to develop their property, but not in such a way that it would negatively impact neighboring properties. Planning and Zoning Administrator Gaffron said that the house sites would be located a good distance from the property lines. Gaffron showed where the driveways would be located on both properties. Mayor Grabek asked Mr. Nyhammer if he was mainly concerned about the closeness of the driveways or the location of the houses? Mr. Nyhammer said that the driveway was a major concern because the culvert problems may worsen. Mr. Wojcik, 3310 Bayside Road, explained that in the winter water in the culvert freezes and in the spring when it thaws, it washes out his driveway. Mr. Wojcik also said that the driveway off of Bayside would be located in such a way that car lights would shine dire::tly 'n his house. He questioned why the driveway could not be brougt-. •D the center. Mr. Munsen clarified . as r. he was not the original owner of the property. He said that he had not talked with the neighboring property owners. Mayor Grabek suggested that Mr. Munsen meet with the neightors to reach an agreement that would be mutually beneficial to all parties. Mr. Munsen said that he would have no problem working out a 8 MINUTES OF THE ORONO COUNCIL MEETING SEPTEMBER 11, 1989 ZONING FILE 31442-LANDP:HUTS GROUP, INC. compromise with the abutting property owners. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to table this application until the September 25, 1989 Council meeting. Motion, Ayes=5, Nays=O, Motion passed. #1443 JOHN SKOGLUND 18F:FOX STREET VARIANCE RESOLUTION #2697 The applicants were present for this matter. City Administrator Bernhardson stated that this was an application for a setback variance for a pool that would be located in front of the principal struct,ire. There were no questions or concerns on the part of the Council or the applicants. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt R^solation #2697, approving the setback variance tc construct a pool in front of the principal residence. Motion, Ayes=5, Nay==O, Motion passed. #1448 KEVIN HAWKINSON 1125 WILLOW DRIVE NORTH PRELIMINARY SUBDIVISION RESOLUTION #2698 The applicants were not present for this matter. City Administrator Bernhardson explained that this application was for a two lot subdivision. Building and %ning Administrator mabus`.�h said t;-t the h4] spoken with the applicant- and they had requested `hat- the Council proceed even though chew were unahle to actend. Mayor Grabek questioned whether the Council could proceed with this application and whether there were any major-ncerns that needed to be addressed? Gafiron said that there had been some discussior by Hennepin County regarding an additional 10' of right-of-,43y they may require as a result of the apgrade of County Road 1 , 6. Ga--f ron said that at xz-is time staff was recommending that the additional 10' right-of-way requested by He:zn,!pin County not be a requirement of the subdivision. Tt was moved by Mayor Grabek, seconded by Councilmember t'et, <es, to adopt Resolution #2698, approving the 2-lot subdi ✓ision for Ke-in and �. ^a Hawkinson. Motion, Ayes 5, Naya 0, Motion passed. 9 MINUTES OF THE ORONO COUNCIL MEETING SEPTE14BER 11, 1989 1429 RAJ�PH BURGESS 2610 WES'_' LAFAYETTE ROAD DENIAL RESOLIITION* It was moved by Councilmember Peterson, an opportunity to revise Motion passed. ENGINEER'S REPORT Councilmember. Goetten, seconded by to table this item to allow t:r. Burgess his proposal. Motion, Ayes=5, Nays=O, REQUEST FOR PAYMENT #2 LIFT STATION 10/43* It was moved by Councilmember Goetten, :corded by Councilmember Peterson, to approve pay request #2 for Albrecht Construction Co. in the amount of $46,739.19. Motion Ayes=5, Nays=O, Motion passed. AWARD OF BIDS - WELL/HIGHWAY 12* It was moved by Councilmember Goetten, seconded by Cou-cilmember Peterson, to table this item as requeste4 by City Administrator Bernhardson. Motion, Ayes=5, Noys=0, Mot; passed. REQUEST FOR PAYMENT #1 1989 SEAL COATING* It was moved by Councilmember Coetter:, seconded by Councilmember Peterson, to approve pa% :equest Al for Allied Blacktop, ins:., in the amount of $66,962.14. Motion, Ayes=5, Nays==0 , "-tic-. p. - sed . MAYOR'S REPORT: Mayor Grabek indicated that he had no report for this meeting. CIII AOMINISTRATOR'S REPORT: 1990 Ckf-,13 TV BUrsG6T RRBiQ',UT!.OW # 16 S a It w s mo ve(I by Councilmember Peterson, seconded by Councilmamoi!r Goetten, to adopt Resolution #2699 giving its approval tv tr,e 1990 Lake Minnetonka Cable Communications Commission's ,.drat. Motion, Ayes=5, Nays=O, Motion passed. LIQUOR ORDINANCE PROPOSED AMENDMENT 75, SECOND SERIES Councilmember "oetten questioned whether 2.5 miles was z reasonable distance requirement.? City Administrator Bernhardson said that the 25 mile requirement was recommended by Chief Kilbo. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to adopt Attachment B as amendment Ordinance 75, Second Series, as an amendment to Ordinance 32, Second Series. Motion, Ayes=S, Nays=O, Motion passed. 10 MINUTES OF THE ORONO COUNCIL MEETING SEPTEMBER 11, 1989 COUNCIL/PLANNING COMMISSION MEETING -FACILITIES SEPTEMBER 14, 1989 City Administrator Bernhardson said that one of the Counc•ilmembers would be unable to attend the meeting as sched led. Bernhardson suggested rescheduling when more is known about the dates available. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to table this item. Motion, Ayes=5, Nays=O, Motion passe: . 1990 BUDGET DATE It was moved by Mayer Grabek, seconded by Councilmember Peterson, that the 1990 budget meeting would be held Wednesday, September 27th at 6:00 p.m. Motion, Ayes=5, Nays=O, Motion passed. NAVARRE REDEVELOPMENT DATE It was moved by Mayor Grabek, seconded by Councilmember Goetten, to have the Navarre Redevelopment meeting on Saturday, November 18, at 9:00 a.m. at the Freshwater Biological. Institute. COMPENSATION ADJUSTMENT-LYLE OMAN* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the salary increase for Lyl- Oman to $13.86 per hour, Step 4 at Level 7 under the Compensation Plan, effective September 1, 1989. Motion, Ayes=5, Nays=O, Motion passed. PROGRESS REPORT RECYCLING FIRST HALF 1989* It was moved by Councilmember Goetten, seconded by Councilmember eterson, to accept the 1st half of 1989 recycling program report. Motion, Ares=5, Nays=O, Motion passed. FALL CLEAN UP DATF Councilmembei it:.cerson asked whether the Fall Clean Up day could be rescheduled so that it would not interfere with Centennial activities scheduled for that same day? It was moved by Mayor Grabek, seconded by Councilmember Peterson, to designate October 21, 1989 as r,rono Fall Clean-up Day. Motion, Ayes=5, Nays=O, Motion passed. ADMINISTRATOR' INFORMATION It was moved by Ccuncilmember Goetten, seconded by Councilmember i sterson, to accept the City Administr-itor's Information reg.rding: Highway 12/Willow Drive; Highway 12 Feasibility; United Way; Assessing Service Status; Golf Course Operation (Letters/Receipts); Summary of Receipts/Disbursements- July; Electronic Funds; Goal Setting Status. Motion, Ayes=5, Nays=O, Motion passed. 11 MINUTES OF THE ORONO COUNCIL MEETING SEPTE1BEB i1, 1989 CITY ATTORNEY'S REPORT: City Attorney Barrett requested an Executive Session. LICENSES* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to appiovt the following licenses: Home Occupation: Thomas German 2640 Watertown Road Special Event: Viking Bassmasters-Fishing Contest North Sho.�e Drive Marina 3220 North Shore Drive September 24, 1989 6:00 a.m. to 2:00 p.m. John LaurE!nt Parade of Homes 1270 French Creek Drive 9/10/89 - 9/24/89 1:00 to 8:00 p.m. VanEeckhost Building Corp. Parade of Homes 2690 Rainey Road 9/10/89 - 9/24/89 1:00 to 8:00 p.m. Motion, Ayes=5, Nays=O, Motion passed. BILLS* It was moved by Counzilmember Goetten, seconded by Councilmember Peterson, to approve payment of the All Funds Accol.i.ts. Motion, Ayes=5, Nays=O, Motion passed. EXECUTIVE SESSION - 8:15 P.H. Mayor Grabek requested that the Council go into an executive session at: 8:15 F).m. ADJOURNMENT 8:37 P.M. It was moved by Ccuncilmember Goetten, seconded by Councilmember Petersen to adjourn tho Regular Council Meeting at 8:37 p.m. Motion, Ayes=5, 9ays=0, Motion passed. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor 12 COUNCIL MEETING SEP 2 51989 CITY OF ORONO To: Mavor ;rabek & Orono Council Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: September 20, 1989 Subject: #1306 Metropolitan Waste Control Commission, 3280/3286 North Shore Drive - Conditional Use Permit/ Variances - Amended Resolution Resolutior #2511 was adopted for thr approval of application #1306 (conditional use permit and setback variances for pumping station installed by MWCC). The s�.ibdivision that created Outlot A was recently approved by the City on August 14, 1989. The original filing deadline date of October 10, 1989 for Resolution #2511 has presented problems in the filing process of the conditional use permit resolution. The City has agreed to amend the original resolution #2511. The enclosed amended resolution is presented for Council action with a new adoption date as of the current date as Outlot A was legally created on August 14, 1989. A RESOLUTION GRANTING VARIANCES TO SECTION 10.20, SUBDIVISION 3 (D) AND SECTION 10.25, SUBDIVISION 6 (B) AND PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (D) GRANTS A CONDITIONAL USE PERMIT FILE #1306 WHEREAS, the Metropolitan Waste Control Commission (hereinafter "the applicant") is the owner of the property located at 3286 North Shore Drive within the City of Orono (hereinafter "City") and legally described as Outlot A, Moellers Addition, Hennepin County, Minnesota, (hereinafter "property"); and WHEREAS, the applicant has made application to the City of Orono to permit the installation of a pumping station/lift station as required by Section 10.20, Subdivision 3 (D), and has applied for additional setback variances per Section 10.20, Subdivision 3 (D) requiring a 40' __ "0% setback variance from the east lot line and a 25' or 50% setback var. ':e from the north line where a 50' setback variance is required from 11 residential lot lines, and per Section 10.20, Subdivision 6 (P) seeks approval of a 25' or 83% street setback variance where 30' is required for the proposed pumping station/lift station, and a rear setback variance of 5' or 17% where a 30' setback is required for the structure. Minnesota: Fnw. THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1306. 2. The property is located in the LR-lC-1 Lakeshore Residential Sub - District requiring a minimum of 1/2 acre in area. 3. The property is approximately 3,099 s.f. or .07 acres. 4. The property is designated as Outlot A and is not intended for residential development but for the exclusive use by the M.W.C_C. as a public utility structure. Page 1 of 5 5. The Orono Planning Commission reviewed this application on October 3, 1988 and recommended approval of proposed setback variarces to Sections 10.20, Subdivision 3 (D) and Section 10.25, Subdivision 6 (B) and per Section 10.20, Subdivision 3 (D) recommends approval of the granting of a conditional use permit for the construction of a pumping station/lift station, based on the following findings: A) The applicant has filed the necessary subdivision application with the City to allow the legal transfer of the out lot to the M.W.C.C. B) The amendment of the original improvement plan (Application #1256) for the upgrading of the existing sewer lines owned by the M.W.C.C. is required and is considered an important, integral part of the proposal. C) The proposed structure will have no major impact on the surrounding residential property nor on the use of the adjacent commercial property. 6. The City Coancil finds that the conditions existing on this pro- perty are Ieculiar to it and do net apply generally to other property in thir. zoning district: that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable 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. 7. The City Counci 1 f inds that granting a conditiona 1 use permi c to allow the installation of a pumping station/lift station will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pise a fire hazard or other danger to neighboring rroperties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above fin,'?ngs, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.2J, Subdivision 3 (D) to permit the construction of a pumping station/life station on the property, and per Section 10.20, Subdivision 3 'D) grants a setback variance from the east lot line of 40' or 80% and a .etback variance from the north lot line of 25' or 50% where a 50' setback is required from all adjacent residential zoned properties, and per Section 10.25, �-,ubdivision 6 (B) grants a street setback variance of 25' or 831 where 30' is required for all structures and a rear setbacx variance of 5' or 17% where a 30' setback is required from the rear lot line, subject to the following conditions: 1. Approval of a structure with a pitched roof with brick facia not to exceed 201x32' per plans by Bonetroo, Rosene, Anderlick & Associates entitled "Orono Interceptor Improvements - Lift Station 44" dated October 19, 1988, conn. 0612. 2. All access to the site must rP vs the private driveway along the west side lot line, no direct access onto County road will be allowed. 3. Any proposed changes in use of this structure or a major intensification in use must be approved by the City of Orono. 4. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (September [5, 1990). 5. Violation of or non-compliance with any of the terms an(' condi- tions of this re volution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor.. 6. The undersigned applicant has reaO, understood and hereby agrees to the terms of this resolution and on behalf of the Metropolitan Waste Control Commission its successors and assigns hereby agrees to th(. recording of this resolution in the chain of title of the property. Page 3 of 5 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 25th day of September, 1989. ATTEST: Dorothy M. Hallin, City Clerk Property Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of September, 1989, by & Dorothy M. Hallin, Acting Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Pudic My Commission Fxpires Page 4 of 5 STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN ) On this day of , 198_ before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )Ss. COUNTY OF HENNEPIN ) On this day of , 198 before me a Notary rublic within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 5 of 5 COUNCIL MEETING SEP 2 51989 CITY OF ORONO 91n• Mciyor vrabek & Orono Council Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: September 20, 1989 Subject: #1372 Donald R. Kempf, 11PO North Arm Dri-e - Final Subdivision - Resolution The applhac fulfilled all conditions set forth in resolution #2590, the resolution that granted approva.1. of the preliminary two lot plat. The accessory structure located on Lot 2, Block 1 has been removed as required by that same resolution. The enclosed resolution aUproving the final plat has been drafted for Council's review and action. A RESOLUTION APPROVING THE "LAT OF LOMA VALLEY FILE NO. 1372 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 con.;idered the application for a subdivision of a two lot plat by Donald P. Kempf, the subdivider; and WHEREAS, the subdivision has been found to meet all standards of the LR-lB zoning district finding that each lot is of a cite an-1 configuration that will allow its use as a single fancily resi0enue to be fully developed without the need of an, - variances; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, includinS 1. Completion of all requirements of Resolution #2590. 2. Dedication on the plat of Drainage and Utility Easements. 3. Dedication on the plat of rights -of -way for a public road shown as Loma Linda Avenue. 4. Dedication tc the City of a drainage easement providing for limitations on tre use of drainageways described therein and shown on the plat as drainage easements. 5. Removal of an accessory structure cn Lot 2, Block 1 as directed by the Council at preliminary approval. 6. Payment to the City of a Park Dedication Fee in the amount of $400.00. 7. Payment to the City for the legal review and filing of the plat easements and covenants in the amount of $150.00. Page 1 of 2 NOW, THEREFORE, BE I'-- RESOLVED that the City Council of the City of Orono hereby approves the plat of Loma Valley, Hennepin County, Minnesota, subject to the following conditions: 1. Future owner of Lot 2, Block 1 shall submit a revised site plan upon application for a building permit for residential construction designating a relocated curb cut moved 25' further west. 2. The aforesaid plat Enall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles' Office on or before March 25, 1990 together with a certified original copy of th-s Resolution. The approval granted by this Resolution sr 1 expire if the plat has not been filed by the date specified a:. r,•. In that event. it will be necessary to file a new applica-,ior, with the City of Orono for subdivision review. Adopted by the City Council of Orono, Minnesota c. this 25th day of September, 1989. ATTEST: Dorcthy M. Hallin, City Clerk STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged be on Lhis 25th day of September, 1989, by & Dorothy M. Hallin, Acting Mayor & City Clerk of the f Orono, a Minnesota municipal corporation and said instrum exec,ited on behalf of the City. Notary Public My Commission Expires Page 2 of 2 5521155 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ 2590 _ TRANSFER ENTERED DEPT. OF PROPERTY TAX 3 PUBLIC RECORDS A RESOLUTION GRANTING i PRELIMINARY APPROVAL OF is / A R 4 1$gq SUBDIVISION APPLICATION FOR HENNEPI NTY t 11 A! DONALD R. 10EMPF On - � DEPUTY or FILE NO. 1372 i WHEREAS, Donald R. Kempf (hereinafter "thf �avplicant") on January 24, 1989 filed a formal subdivision application with the City for a Class II Subdivision, Flat of two lots of the property legally described as follows: The South 199.40' of the Southeast quarter of the Northeast quarter Section 07, Township 117, Range 23, Hennepin County, Minnesota, lying East of County Road 151. Subject to a right-of-way easement over the East 101, the North 101, and the South 101, (hereinafter "the property") and; WHEREAS, after due published and mailed notice i., accordance with Minnesct:a Statues 462.358 et. seq. and the City of Orono Zoning Code, the Orono Planning Commission held a public hearing on February 21, 1989 at wnich times all persons desiring to be heard concerning this application were given the c:Cportunity to speak thereon; and WHEREAS, at their regular meeting he" on March 13, 1989, the Orono City Council considered the subdivision apr ^atlon of the applicant, noting the following findings of fact: 1. The property is located within the LR-lB Single Family Lakeshore Residential Zoning District requiring a minimum of 1 acre of land within each newly crea ed lot. 2. The property contai is a total of approximately 2.5+ acres. 3. The proposed plat contaii:G 2 lots each exceeding the 43,560 s.f. minimum lot area requirement (Lot 1 - 60,212 s.f.; Lot 2 = 58,325 s.f.). 4. Access to Lot 1 shall be .,ia an approved curb cut at North Arm orive. Lot 2 shall be served via Loma Linda Avenue. Lot 2 has 8,4 ^»Ate width along the public roadway providing adequate sighting for the new curb cut. tots meet the recuired 140' width adjacent to the road and at the rear of the front yard setback line. 6. A single family residence can be constructed on all proposed lots without the need for any variances. Page 1 of 4 7. The property assessed for two the applicant. City of ORONO RESOLUTION OF TnE CITY COUNCIL NO. %590 is located within a sewered district and has been ur_•its. No additional sewer payments are required by NOW, THEREFORE DE IT RESOLVED, that based upon one or more of the fin-'in-s noted above, the City Council of the City of Orono hereby approves tr..: i-reliminary plat application of Donald R. per plat drawings by James H. Parker, Registered Land Surveyor Nc. 9235 of Advance Surveying and Engineering Company dated November 8, 1988, revised November 12, 1988, subject to the rollowing conditions: 1. Prior to the issuance of a building permit for new construction on Lot 2, the final filat must be filed with either the Hennepin County Recorder's office or the Registrar's Office. 2. FINAL PLAT SUBMITTALS: The iol lowing list of .final submittals must be submitted to ` d Administrator two weeks prior to t'.a re—:.'. arly scheduled C 1 meeting on the second and `ourth :-*onda,,s o'- the month: A. RECORD PLAT drawings in the forr- of two (2) mflar copies and one (1) copy reduced to '"=200'. Drawing to include: a) Lot lines plP er preliminary survey by Advance Surveying and : -ring Company, James H. Parker, Registered Land Sui v..,.or, '' f November 8, 1988-. --wised November 12, 1988. b) Dedication of "drainage -ility easements" as shown on the above :•cribed preli.i ary surrey stibject to the following mc-4 lone. i. rL •.rainage and utility easement alone st borders of Lot 2 where it has bees :c.• �C waste drainage easements within Lot 1 and ,.,a cn nt': - -red sketch. iii. Dedlc.aGi:.:. of right-of-way of 'Loma Linda and Loma Linda Avenue as shown on the above referer.cei preliminary survey. In addition, the City must ask for additional dedication of ri.3ht-of-way at the northwest quadrant of i o intersection of Loma Linda Avenue and Lor..a Linda, refer to attached sketch. Page 2 of 4 City of oR®No RESOLU i i('F. OF THE CITY COUNCIL NO. 2590 --- B. LEA7�L DOCUMENTS reruired: a) "'itle opini%*gin a:!,, aessed to -..he City. All owners, mortgage holders or others with property interest indicated therein shall sign the 1,;lat and all ocher documents affected by such interest. b) The applicant must provide cert=`=ed copies of all recorded easements currently affecting the property. c) Signed and executed Drainage Easement over drainage easements within Lots 1 and 2 (the area shown as the 30' wide drainageways within Lois 1 and 2). See form attached. C. FEES TO BE PAID: Total Due S?00.00. a) Park dedication fee per _urrent schedule: - Lot t at $ 4 0 0. 0 0 b) Final plat fee = $150.00. c) Legal review . 9 filing fees cF S1.50. 00. == 3. Proposed acc i vti .-b cut at Loma Linda t venue to -serve -Lot -2 to be moved 25' we: to improve sighting r'istance at driveway — intersection. silt to provide a revised site plan upon filing for a building I_ 4. Existing accessory structure on Lot 2 Lj be removed at the time of the issuance of the building hermit or by S,-ptember 1989, whichever occurs first. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 13th y of March, 198y. r � Jame R. Grabe "' r AT F vr'othy i%Ilin, City Clerk �} i Wage 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 25;0 STATE OF MINNESOTA J ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th dry of March , 19 89 , by James R. Grabek & Dorothy M. Hailin, M-vor & City Clezk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. —1 �� I '(I, L I, V, ( e , � - /-/-- - -, (—fly�j' j- Ac, .'� - , Notary Pub is LAl1RIE K �i'�fLER ; r NCCA11 AALK MlNtN!SOLA % hcN14:?1N CCUNTY My cor-.rinion oxp roO.6.93 )/ My Commission Expires Page 4 of 4 WAYNEG-POPHAM RAYMOND A. NAIK R04ER W. SCHNOBRICM DENVER KAUFMAN ROBERT A. MINISH ROLFE A. WOR )EN 6. MARC WFII ff.MEAO BRUCE O. WIL IS G. A08CRT JOIHNSON GARY R. MACOMBC7 ROBCRT S. BURK MUCH V. PIUNKL •, III FRE O CRICK C. BROWN THOMAS K. BERG BRUCE D. MALKERSON JAMES P. STEILCN JAMES S. LOCKHART ALLEN W. MINDCRAKER CLIFFORD M. GREENE O. WILLIAM KAUFMAN PAUL N. T1ETZ MICMAEL O. FREEMAN HOWARD SAM MYERS, III LARRY O. CSPEL JANIC S. MAYERUN THOMAS J. SARRCTT POPHAM, HAIK, SCHNOBRICH & KAUFMAN, LTD. 33U0 PIPER JAPFRAY TOWER JAMES A. PAYNE DAVID A. JONES LEE E. SHEENY ALAIN FRECON LESLIE GILLETTE MICMAEL T. MILAN �MOMAS M. SIPKINS RONERT C, MOILANEN THOMAS IF NELSON THOMAS J. RADIO DAVID L. MASHMALL KATHLEEN M. MARTIN JOHN C. CHILD] DOUGLAS P. SEATON THOMAS E. SA-•NER RICHARD A. KAPLAN BRUCE B. MCPHEETERS SCOTT E. QICMTER PAUL J. LIFISTRO TM SCOTT A. SMITH BRIAN N. JOHNSON DONALD M. LEWIS KENNETH ROSS- DAVID R. STRAND ELIZABETH A. THOMPSO KEITH J. MALLELAND M I NN EAPOL I S, MI NNESOTA 55402 TELEPHONE MARK S. PETERSON ROBERT C. CASTLE TIMOTHY W. KUCK THERESE M. HANKEL 512. 333.4800 CAROL 6. %W^M50N JULIE fLC.MING•WOLrE TELECOPIER BRUCE A. OETERSON DEBORAH A. DYSON 1331 612'3.34-2713 THOMAS C. MICLENHAUSEN ZACMEPY M. JONES 1321 612.334.2781 MICMAEL D. CHRISTENSON J. MICMAEL SCHWARTZ BENSOH K. WMITHET KATHRYN M. WALKER 1311 612-334-2503 TOOD M. JOHNSON GEORGE J. SOCHA JEFFREY P. CAIRNS SHANE R. KELLEY LOUIS P. SH•TH MARK F. TEN ETC- BRUCE H. LITTLE DUANE R. NOECKER SUITE 2400 MARK F. Pr LMA CL IZABETH LEVINE 1200 SEVENTEENTH STREET RUSSELL S. PONCSSA OEC ROWE DENVER. COLORAOO 60202 BRYAN L. CRNWFORD JOHN M. BAKE,: TELEPHONE 303.893-1200 MAYTHEW E. CANON KAPEN M. MANSCM— JOHN W. PROVO SUESAN PACC-SHAPIRO•. TELECOPIER 303-893-2124 JILL 1. FRIEDEF•S LINDA S. FRIEONER PAUL B. JONES ANDREW D. PARKER SUITE 300 SOUTH ELLEN L. MAAS 1800 M STREET. N.W WILLIAM D. HITTLEP WASHINGTON, O.C. 20036 ELLEN SUE RAPPER OF COUNSEL TELEPHONE 202-B28-S300 GREGOPY G. SPOOKER WILLIAM M, OJ ILE, JR. FRED L. IIOPRISON TELECOPIER 202-828-5318 BRIAN W. ON. DIRECT DIAL NUMBER GREGORY G. SCOTT -o+,T•ao o+L•+c•L•o... •o+•••ao o+.• •K •u•a RO]ANNE G. ZAIp ENWLdCR (612) 334-2549 April 15, 1989 Ms. Jeanne Mabusth CITY OF ORONO 1 P. O. Box 66 Crystal Bay, MN 55323 Dear Jeanne: Enclosed and listed below are resolutions which have been filed in abstract property with the County Recorder and returned. Name Resol. No. Doc. No. Date Filed Kemp.:, Donald R. 2590 5521155 April 4, 1989 Ander>-on, Richard 2591 5521156 April 4, 1989 Rhode, Jack 2593 5521157 April 4, j0189 If you have any questions, please feel free to call either me or my secretary, Paula Van. De Laarschot (334-2656). Very truly yours, �p� Nancy E. Husnik Legal Assistant ZPLV3(2) Encs. (3) t as nxasulvd aloe? the Easf line thereof of the S. E. %4 of the N.E. %4 oP Sec. ? T I/7, R. 23 N. SV04 15 t. 1 -- o Easements: - - �...o0 29.11 - 325.44 -- "' o lui , afI / /,,; v Idl c I Q �l W --o — -1 —1- -- — — — — — — — — -T ae.02 i-"iMW and S.t Utility asemu>tf• - '°�LOMA LIHOAAVE. --- 644.477-- :_ S. S9°04' 151, W. 7, 7. //7, R. 23 •........ roe ' I ii_.j 20 --J ,v. 20 25 N 25Uj i uI 1 Qa Uj `N `t m �Q „W ,z - -The East 1/4 COUNCIL MEEtIIG SEP 2 51999 To: Mayor Grabek & Orono Council Members City Administrator Bernhardson CITY OF ORONO From: Jeanne A. Mabusth, Building & Zoning Administrator Date: September 22, 1989 Subject: ##1411 Sussex Square Development, 3020 Fox Street - Preliminary Subdivision - Tabled This application has been tabled pending approval by the Minnehaha Creek Watershed District. The District will review the proposal at their next meeting. COUNCIL MEETING Q SEP 2 51989 CITY OF ORONO To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: September 20, 1989 Subject: 41412 Mary L. Petersen, 384 McCulley Road - A) Road Name Request The Orono staff -ecommends approval of the first choice road name request of the applicant as "Wolverton Place" for the name of the interior plat road. Staff has found no conflict with existing road names witYin the City :nor in the surrounding areas of the adjacent cities. To: Mayor Grabek & Orono Council Members City Administratoi Bernhardson From: Jeanne A. Mabusth, Building & Zoning AdministratoL Date: September 20, 1989 Subject: #1412 Mary L. Petersen, 384 McCulley Road - B) Final Subdivision - Resolutior. The applicant has fulfilled all conditions set forth in resolution #2665 that approved the preliminary plat of five lots. The enclosed resolution approving the fina: plat has been drafted for Council's review and action. The Park Commission reviewed the Planning Commission's request for a 10' wide pedestrian easement running along the east side of the property to the Luce Line. At their August 1, 1989 meeting, the Park Commission voted 5-1 uppusing the request for the public easement. Please review the attached Park Commission minutes. A RESOLUTION "PROVING THE PLAT OF FOXFYRE ESTATES FILE NO. 1412 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered? the application for a subdivision of a plat of five lots .,y Mary L. Petersen, hereinafter the subdivider; and WHEREAS, the subdivision has been found to meet all standards of the RR-lA zoning district f.: nding that each lot is of a size and configuration that will allow its use as a single family residence to be fully developed withcut 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 #2665. 2. Dedication on the slat of drainage and =y easements. 3. Dedication on the plat of rights -of -way for public roaJs shown as Turnham Road and McCulley Road. 4. Creation of a r.ew private road shown on the plat as Outlot B to be knowr henceforth as Wolverton Place. 5. Creation of a future extension road shown on the plat as Outlot A. The subdivider has dedicated to the City a road and utility easement granting to the City permanent access, improvement and utility easements over said out'_ot. Page 1 of 3 6. Concurrent with the creation of the private:: ­id within Outlot B, the subdivider has dedicated to the City a road and utility easement granting to the City permanent access improvement and utility easements over said Qatlot. The subdivider has created non-exclusive ingress/egress drainaqe and utility easements over said outlot in favor of all abutting and/or benefiting lots including a declaration of certain maintenance, covenants wherein each of the abutting and/or benefiting lot owners covenants and agrees to permanently maintain and pay the cost of maintenance for said private road. 7. Dedication to the City of a Flowage & Conservation Easement providing for limitations on the use of wetlands and/or drainageways described therein and shown on the plat as drainage easements. 8. Execution of a S>>bdivider's Agreement providing for inseallation of certain improvements as a condition of subdivision approval. In addition, the subdivider has provided a Letter of Credit written at 150% of the cost of all improvements not completed by the date of final plat approvaj. 9. Payment tc. the City of a Park Dedication Fee in the amount of $300.00. '0. Payment to the City for the legal review and filing of the plat easements and covenants in the amount of $150.00. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby approves the plat of Foxf yre Estates, Hennepin County, Minnesota; subject to the following condition: 1. No building permits for new construction shall be issued until private road has been approved by the City Engineer as providing adequate access for construction and inspection vehicles. 2. 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 March 25, 1990 together with a certified original copy of t'iic Resolution and executed copies of the covenants and easements noted above. Page 2 of 3 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 ^ity of Orono for subdivision review. Adopted by the City Council of the Oro: , Minnesota on this 25th day of September, 1989. ATTEST: Dorothy M. Hallin, City Cle STATE OF MINNESOTA ) 1 ss. COUNTY OF HENOEPIN ) The forgoing instrument was acknowledged before me on this 25th day of Seutember, 1989, by & Dorothy M. Hallin, Acting Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 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Ss IC wOODHKL YEN Lost 3C 23 VVIl1111wN: INS nU FG 1e SO VAtf 51 N. SO I w(K43"Kt 1R EP 3C 33 w.Lllt*O0oAD MK 2C 17 SALE 61 SE A S0 26 OIL WAS to 2040 W/C11tI RD tD •7 33 TANCFv C1 A% SB Sl :000 0004"O►tIAMot AC 33 WTCt HI St SIP 2C 21 Safari to off to fC It; WOODLAlto atSri) Eli is .2 IC 144 vVvt1)VV1jOGIA Wo W/0jA11AVl it) 34 to AI TAH(I!.Ito[ lot Ialt•I11, 011"I 1.1 It. 4t.3 1• SI Wl]•ln;. ANO CIN 10 WOIttt•ttn(to% Vol, SV 11 W11faNAvf Ato -• r• rr 11111110,41 t.I .t :1,11'A i-f J• 1A of Ir.t, ",•If 1 ... • .... to . .. I "'1 . •, Control No, CITY OF ORONO PRIVATE ROADWAY R:QUEST A- The subject of this request is: an existing private roadway, a proposed private roadway which is to be created as a condition of pending subdivision approval. B. The cwner(s) of this Private Roadway and/or all abutting property will be (are) the owner(s) of the following described property: C. The above owner(s) hereby request that this Private Roadway be known by the following name: Choice No. 1 %�� �=/�'%0A) Choice No. 2 Choice Ro. 3 (List three choices in order of preference. The Cite Council will approve a name provided no conflict exists with existing names or naming policy. If all names have a conflict, you w,ll be asked to make new choices. The approved name will be used for all ailing address and official identification purposes.) D. The above owner(s) hereby request the City of Orono to install the following standard street and traffic signs and said owner(s) hereby agree to reimburse the City for all costs of said installation. (Such signing may be required as part of a separate Developer's Agr-ement and/or subdivision request.) standard city street name sign(s) - number required standard "STOP" sign(s) - number required standard traffic sign(s) lescribed below: _ - number required The above owner(s) do hereby a:knowledge the (future) existence of said private road, and that Lr.., City of Orono has no obligation to maintain or service said prtva;.e road, an that the City of Orono does not intend to acquire ..r Open said p e road is a public roadway Signatu-e(s) of owner(s): / `/�_�___� lam' % - - / Date L,.te Da t e ma t o ti. a City of ORONO RESOLUTION OF THE CITY COUNCI L NO. 2665 .A A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A -' - PLAT OF THE PROPERTY LOCATED AT 384 McCULLEY ROAD FILE NO. 1412 WHEREAS, Mary L. Petersen (hereinafter "the applicant") on May 12, 1989 filed a formal subdivision application with the city for a division of a 5 lot residential plat of a property legally described as follows: Refer to Exhibit A attached Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held public hearings on June 19, 1989 and July 17, 1989 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on July 24, 1989 the Orono City Council considered the subdivision application of the applicant, noting the following findings of fact: 1. The property is located within the RR-lA Single Family Rural Residential Zoning District requiring a minimum of 5 acres of dry buildable land, 2 acres of which must be contiguous. 2. Each of the 5 lots within the proposed subdivision satisfies the area and width s,:andards of the zoning district. 3. The property contains a total of approximately 31.5 acres, 2.4 acres consist of wetlands. 4. Lot 2, Block 1 is already developed and will continue to achieve access via Turnham Road. Lot 1, Block 1, Lots 1, 2 & 3, Block 2 will be served by a private road outlot to be constructed by the applicant. Page 1 of 4 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 2665 NOW, THEREFORE BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of Mary L. Petersen per the survey dated May 12, 1989, revised June 29, 1989, by Mark S. Gronberg of Coffin & Gronberg Inc., subject to the following conditions: 1. Applicant to grant conservation and flowage easement over wetland area (defined as a drainage easement) within Lot 1,. Block 1. 2. Applicant to execute private covenants assuring the maintenance and upkeep of private road by future owners of Lot 1, Block 1; Lots 1, 2, & 3, Block 2. Applicant to provide engineering plans for private road serving 4 lots. Such plans to be approved by tie- City engineer prior to construction. No building permits for new construction will be issued until private road has an approved base providing access for construction and inspection vehicles. Applicant shall execute developers agreement and provide a letter of credit (150% of the cost of improvements) to insure the completion of all improvements not completed by final plat approval. 3. Orono Park Commission to make final recommendation to the Council regarding feasibility of a 10' wide pedestrian/walking easement along east side of Lot 3 providing access to Luce Line. City shall not request additional dedication for the extention of Turnham Road to the Luce Line as the City has accepted the DNR's request to discourage more intense public crossover of the Luce Line. FINAL PLAT SUBMITTALS The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: A. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"=200'. Drawing to include: a) Lot lines platted per preliminary survey by Mark S. Gronberg of Coffin & Gronberg Inc., dated May 12, 1989, rev.sed June 29, 1989, with the exception that Outlot C be omitted on final plan. City to further advise regarding designation of a 10' easement along east side of Lot 3 to provide walking access to th_ Luce Line. (Park Commission meeting August 1, 1989). b) Dedication of "draindge and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines - omit along the sides of the lot lines adjacent to wetlands within Lot 1. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2665 dication of rights -of -way as shown on preliminary survey for McCulley Road and Turnham Road. d) Describe wetlands at 956 elevation in angles and bearings and define as drainage easement within Lot 1, Block 2. B. LEGAL DOCUMENTS required: a) Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. Please make sure tt.-.t this title opinion also addresses the lands located in the *orth-Past portion of the plat that has become part of the plat wit:. '.:he lot line rearrangement. b) The applicant must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed Flowage and Conservation Easement over wetlands defined as drainage easements within Lot 1, Block 2. (See sample attached). d) Signed and executed Road and Utilities Easements over Outlots A and B.(See sample attached). e) Signed and executed maintenance covenants for private road over Outlot A. (See sample attached). f) Executed Road name request. Please note that road name approval is a separate process requiring approval by the City prior to final plat approval. Please make sure you provide 3 choices for Councils consideration (see sample attached). C. FEES TO BE PAID: Total Due $600.00 a) Park dedication fee per current schedule: Lots 1, 2 & 3, Block l at 5+ acres each = $100.00 per lot. Total park fee = $300.00 b) Finai plat fee = $150.00 c) Legal .-eview and filing fees of $150.00 Page 3 of 4 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 2665 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 24th day of July, 1989. Edward Call ting Mayor ATT T: Dorothy M allin, City Clerk STATE OF NNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument wa3 acknowledged before me on this 24th day of July, 1989, by Edward Callahan & Dorothy M. Hallin, Acting Mayor & City Clerk of the City of Orono, : Minnesota municipal corporation, and said instrument was executed on behalf of the City, Page 4 of 4 RESOLUTION NO. 2665 Exhibit A LEGAL DESCRIPTIONS: The North 335 feet of the East 684 feet of the Northeast Quarter of the Southwest Quarter of Section 31, Town- ship 118 North, Range 23 West of the 5tn Principal Meridian. ALSO The Northeast Quarter of ;he Southwest Quarter EXCEPT the South 50�feetorth thereof sALSONEXCEPTstheuNortharter 335tfeet of the East 684 feet thereof, ALSO EXCEPT the East 33 :o art the outhwest ng ofuahIIne drawneparallel Ewith Tand a50Dfeet oQuarterf said Northeast Southeasterly, measuredatfright5angles. from raeline idescribedeaserly follows: Beginning at the Southwest corner of Section 31, T7wnshlp 118 North, Range 23 West of the Stn Principal er dean: thence on an assumed Dearing of North 0 degrees 40 minutes 43 seconds West alung the West IIne of the Southwest Quarter of said section a distance of 777.96 feet: thence Northeasterly 1313.29 feet along a tan - curve curve concave to the Southeast, having a radlus of 1532.80 feet and a central angle of 49 degrees O5 minutes 26 seconds: thence North 48 degrees 2a minutes a3 seconds East, tangent to the last -described curve. 2725.85 feet, and said line there terminating, all in Section 31, Township 118 North, Range 23 West of the 5tn Principal Meridian, Hennepin County. Minnesota. FOXFYRE ESTATES fl\i / Ca-4 U: 33 -ovv W- c ......... .. ........ lid .. ,► � I I� _s..l6 l:., ./••rli l!5 jeer ;I .R:?qt A4 Ar And IL .,:'-jIOUTQC 2 L 0 c il! K 9 11-1. -lZV WS-14 is 40 III I .............. ............................ j-7 ORONO PAU COMMISSION MIlTIhG Aug. 1; 1989 MINMS The Park Commission net at 7 Pi( with the folwing in attendance: Flint, yokel, Kelley, Vosgries, lrger and Bradley. Absent: Sweatt and Gilbert. The minutes of the June 27th meeting were approved. In the matter of the request from the Planning Commission fa: review *I the Foxfyrs istates plat, the following were present: Nary L. Petersen, Owner; Gerry Gitke, constractor; and Desyle Peterson, adjoining landover. After examining and dicussing the feasibility of the proposed easement, the following .,otion was made by Kelliiy, second by Vongries: - C;ommisaio■ +opuses the establishment of a public easement from III Turaha■ Read to the Luce Line T rsil for the following reasons: (1) Due to tL. approximately 25 1 .t vertical drop to the Trail, [hare \� caw.be ■o use of such easement without extensive grading; (2) Cre&ting a public easement would invite more than neighborhood use and there is so parking space available an public property; (3) There are public accesses at grade level with public parking at Bederwood Park (2 miles last) and on the West side of McCulley Road (sue mile West); (4) There is an f existing privately -owned trail access used by the neighborhood .2 mile �! lost. The notion passed 5-1. The request for as easement at Bederwood Park for installation of a service cabinet by Northwestern Bell Telephone was discussed and tabled on satins by Vougries. Motion passed. We will ask for Northwestern Bell to consider other sites, and we will check their installation of a similar cabinet at Old Crystal Bay and Watertown Roads. After a brief dilcussioa, the proposed Park Dedication fee schedule was laid over until the text meeting. We are vaiting for a report from the MN League of Muuicipali�ies on the legality of our proposed amendments. Joke Gerhardso• requestfd that we send a representative to the Orono Community luducation Council meeting on August I4th. Les Kelley will attend. Dick Flint asked why last Long Lake Rd. wasn't widened for a bike trail vises blacktopped recently. Gerhardso■ acid the narrowness of part of the right- of-way plus additional c,lato prvented a trail. Flint also asked Gerhardson to check the possibility of using right-of-way on County Roai 6 for a bike trail. The meeting adjou, 9:35 PM. The next meeting is Aug. 29th at 7 PV. Philip G. Bradley Acting Secretary COUNCIL MEETING To: Mayor Grabek & Orono Council Members SEP 251989 City Administrator Bernhardson CITY OF ORONO From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: September 20, 1989 Subject: #1434 Gary Barr, 3034 Casco Point Road - Conditional Use Permit - Resolution Zor'ng District - LR-lC, Single family, lakeshore residential, 1 '2 acre Application - Request for guest house conditional use permit. List of Exhibits Exhibit A - Proposed Resolution Exhibic B - Planning Commission Action Notice of 8/2i/89 Exhibit C - Memo & Exhibits of 8/14/89 Discussion - Please review the memo and exhibits of August 14, 1989. Briefly, the applicant is requesting conditional use permit approval to allow retention of the existing guest house above his ,'stached garage. As noted in the it-:mc, to the Planning c.vmmission, this guest house unit is essentially one room, with a kitchenette and bathroom, arA was permitted to be constructed in 1976. Applicant notes that in the past he has rented out the main house during the winter while he was in Florida. On an occassional basis, he has had someone living in the guest apartment mainly as a security measure while he was out of state. Applicant notes that he has absolutely no intent of renting the guest house in the future and agrees to abide by the four conditions recommended by staff and Planning Commission. Regarding the technical requirements for a guest house conditional use permit, the standards require that" all regular lot requirements be met by the guest house". Applicant has an er, sting lot area of .81 acres in a .5 acre zone. Although he has attempted to purchase the .17 acre vacant parcel immediately west, he has not succeeded to date due to inability of the cui rent owner to provide clear title. Even with that .17 acre, the property would still .02 acres 1?ss than the 1.0 acre requirement. Staff reviewed this issue in the discussion portion of the August 14, 1989 memo. •t i �n;I 4.1►t11 Zoning File #1434 September 20, 1989 Page. 2 Lof Approval of the guest house would also incorporate an additional variance for structure -to -structure setbac.:. A 20' setback between the two buildings would be necessary to accomplish a future subdivision leaving each structure with a 10' setback to the lot line between them. The applicant has no intent of proposing such a division, and the existing location of the garage/guest house 10' from the principal structure would necessitate any number of variances; it is unlikely that a future subdivision would occur. If the guest house use is approved, it would be appropriate to grant the necessary variances to the lot area and structure - to -structure setback requirements. Staff Recomendation - Based on the 3-2 vote recommending approval, staff has drafted a conditional use permit resolution for approval based on the four conditions previously noted. A copy of that resolution draft is attached for Council review. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND VARIANCE PER MUNICIPAL ZONING CODF SECTION 10.20, SUBDIVISION 3 (G) FILE #1434 WHEREAS, Gary Barr (hereinafter "the applicant") is the owner of the property located at 3034 Casco Point Road within the City of Orono (hereinafter "City") and legally descri)-ed as follows: Lot 3, Block 1, Casco Cove,-inepin County, Minnesota (hereinafter "the property"); an;i WHEREAS, the applicant has .:. ed to the City for a conditional use permit and variance to permit the guest house use of an existing dwelling unit constructed above an existiny detached garage on the property, per Municipal Zoning Code Section 10.20, Subdivision 3 (G). NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS .1. This application was reviewed as Zoning File #1434. 2. Ti... property is located in the LR-lC Single Family Lakeshore Residential Zoning District, requiring a minimum lot area of 0.5 acres. 3. On August 21, 1989, the Orono Planning Commission reviewed the application and recommended approval on a vote of 3-2, based upon the following findings: A) In 1976 a building permit and plumbine permit were issued to a previous owner of the property to construct a detached garage including the installation of two plumbinq fixtures in the .garage. 6ubsequent inspection records indicate a temporary dwelling use of the garage during construction of a residence on the property. B) The current property owner (applicant) purchased the property in April 1979 and was not aware that no guest house conditional use permit had been obtained for the dwelling unit above the garage nor did he know that one was required. ' Page 1 of 5 C) applicant's past use of the existing guest house has been to occasionally allow zelatives, friends or acquaintances to live there as a security measure while applicant is out of the state. D) Applicant ncfQs that his future intent would be to never use the dwelling unit as anything other than a guest house and he has no inter' to use it as a rental apartment. E) Municipal Zoning Code Section 10.20, Subdivision 3 (G) requires that a guest house meet all regulai lot requirements. The existing guest house unit is located 10' from the principal residence, hence the 20' setback required in order to potentially place the guest house on a separate conforming lot, would be impossible to obtain. Further, the existing lot area is 0.81 acres in this 0.5 acre zone. Appli ;ant has been unable to purchase a .17 acre parcel te-, his west to increase his property size nearer to the required 1.0 acres in order to meet the guest house lot area requirem nt. F) The existing guest house unit is more than 50' from all property boundaries, hence continued use of the unit as a guest house would have no sia_� icant visual impact on the neighb.jrhood. 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 use on the health, safety and welfare of the community. 5. The City Council finds that granting a conditional use permit to allow continued use of the existing detached dwelling unit above the garage as a guest house will riot be detrimental to the health, safety or welfare of the general public; would nu' adversely affect light, air nor pose a fire hazard or otliu- danger to neighboring properties; nor would it depreciate surrounding property values. The Council further finds that the proposed level of use on the property will be in keeping with the intent and obje.tives of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a conditional use permit and variance per Municipal Zoning Code Section 10.20, Subdivision 3 (G) to permit continued guest house use .,f the existing dwelling unit above the existing detached garao-- on the property which is 0.81 acres in area where 1.0 acres wol,ld normally be required to accommodate a guest house in th- TT,-lC zone, and which guest house is located only 10' from the principal residence where a 201 separation would normally be required between those structures, subject to the following conditions: 1. -rhe guest house may only be used by occupants of the principal residence, and their domestic employees or non- paying guests. 2. The guest house shall not be rented as a separate dwelling unit. 3. Utilities for the guest house shall continue to be metered jointly along with the principal residence. 4. Future rental of the guest house will cause an automatic revocation of this guest house conditional use permit. 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the rer_ording of this resolution in the chain of title of the property. Page 3 of 5 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 25th day of September, 1989. ATTEST: Dorothy M. Hallin, City Clerk Property Owner(s) STATE OF MINNESOTA ) ss. CvUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of September, 1989, by & Dorothy M. Hallin, Acting Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 4 of 5 ZONING FILE NO. 1434 CITY OF ORONO NOTJZE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN �5323 473-7357 Date of Notice: 8/22/89 --------------------------------------------------------------------------- TO: Gary Barr COPIES TO: 3034 Casco Point Road Wayzata, MN 55391 -------------------------------------------------------------------------- TYPE OF APPLICATION: Conditional Use Permit ---------------------------------------------------------------------------- DATE t MEETING: 8/21/89 VOTE: 3 For 2 Against Planning Commission reconmtends the following: Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1. The guest house may only be used by occupants of the principal residence, and their domestic employees or non -paling guest:. 2. The guest house shall not be rented as a serarate dwelling unit. 3. Utilities for the guest house shall continue to be meter•td jointly along with the principal residence. 4. Future rental_ of the guest house will cause an automatic revocation of the guest house conditional use permit. NOTE THAT THE MINORITY OPINION WAS THAT "NO ADEQUATE HARDSHIP WAS DEMONSTRATED". Applicant's next scheduled meeting is confirmed as: City Council Monday, Sc?tember 11, 1989; meeting Starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after r^view and approval by the Planning Commission. 43 To: Planning Commission Chairman Kelly 9 Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: August 14, 1989 Subject: #1434 Gary Barr, 3034 Casco Point Road - Conditional Use Permit - Public Hearing Zoning District - LR-lC, Single family, lakeshore residential, 1/2 acre Application - Request for guest house conditional use permit. Pertinent Code Section - Section 10.20, Subdivision 3 (G): Subdivision 3 - Conditional uses. Within anv R-lA, one family residential district, no structure or land shall be used for the following uses except by a conditional use permit: (G) i. Guest houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. List of Exhibits Exhibit A - Application Exhibit B - Letter of Request Exhibit C - Plat Map Exhibit D - Property Owners List Exhibit E - Survey Exhibit F - Staff Sketch Exhibit G - Original Building Permits/Inspection Slips Pertinent Facts - 1. This house was c•onstrLcted by Gerald Haley in 19'76. The building permit inclu,.ed a detached garage. Plumbing permit was issued in 1976 to allow installation of two plumbing fixtures in the garage. Subsequent inspection slips during construction of the residence indicate that, during construction, the garage initially appear to be full of personal property, then the garage was being lived in during construction. No further mention of the dwelling use of the garage is documented during construction, leading one to conclude tha4-. the garage dwelling use discontinues' once the house was built. Zoning File #1434 August 14, 1989 Page 2 of 3 2. Mr. Barr acquired the property in April 1979. There are no complaints on file regarding the use of the garage area as a dwelling, until the recent variance request. During that variance procedure, neighbor Ian Booth expressed concern about a rental usage of the property. 3. The applicant in his letter of request, Exhibit B, notes that in the past he has occasionally had someone living above the garage as a security measure. He also notes that in the past he has rented out the main house for the winter months while he was wintering in Florida. His future intent would be to maintain the dwelling unit about the garage strictly as a non -rental guest house. 4. Section 10.20, Subdivision 3 (G) requires a conditional use permit for this guest house use. The standards require that "all regular lot requirements shall be met by the guest house". The City in the past has presumed this to mean that there shall be twice the required zoning district acreage, and that sufficient setbacks shall be maintained as if the lot could be potentially split (i.e. where a 10' side setback is required, maintain 20' between the two structures). The existing lot area is .81 acres. .'his is a � acre zone. Applicant is attempting to purchase the 0.17 acre vacant parcel to his immediate west, but has nit succeeded to date. The existing garage/guest house is 10' from ..e principal residence, hence the 20' setback also would be impossible to attain. Discussion - Given the nature of this guest house over the garage which serves the principal residence, the requirement that the guest house meet a double side setback may be inappropriate from the standpoint that the garage structure legally exists in its current location, and cannot readily be moved to meet the setback standard for a guest house. Also, given the existing lot size, it would be impossible to reasonably subdivide the garage/guest house onto a separate parcel. The intent of having the guest house meet all lot requirements is presumably to protect neighboring properties from a high -density development. In this case, the dual purpose of the existing garage structure, coupled with the fact that it is 50' or more from all property lines, would suggest that continued use of the guest house would have no significant visual impact on the neighborhood. Zoning File #1434 August 14, 1989 Page 3 of 3 If this was proposed new construction, staff would have to recommend denial based on the lack of acreage and the need for additional setback. However, for whatever reasons, in 1976 the dwelling unit was allowed to be constructed in the garage, and nothing further was d,,.,e about it. The codes have not changed since the existing guest house was constructed. Staff Recommendation - If Planning Commission finds that it is appropriate to grant the after -the -fact setback and area variances to allow the guest house use to continue, staff would recommend the following conditions: 1. The guest house may only be used by occupants of the principal residence, and their domestic employees or non- paying guests. 2. The guest house shall not be rented as a separate dwelling unit. 3. Utilities for the guest house shall continue to be metered jointly along with the principal residence. 4. Future rer • the guest house will cause an automatic revocation of -lest house conditional use permit. � N�•Z� "'� L^l� I N � c� N • NJ CITY OF NO - GmvERAL '� QSE 'RPPLYCATION --------��----j------ ='-'-------��----------- - - - - - - - - - - - - - - p OPERTY LOCATION / ,e Address 30311 C-ASc o Tr RQ L,1AH 2a T'q Alk) Sf39 / Property Identification Number (P.I.D. ) 20- //7-23 C13 0011qZ/ Please check one - Property K abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. - APPLICANT ---------------------------------Phone (home)-41'2 Name ZA&,, 4 L-?,qnJC Phone (work)S 3 3`7-37t)7 Address 303 N 04rcw PT RZ City GC/ia`fZ47-4 ----------------------------------------------- ------------------- OWNER (if different than applicant) Phone (home) Name Phone Address �t C-4 tv Zip Date Property Acquired I4P2i( /�g (mcnth/year) I (do) (do not) also own the adj,ice-it parcels of land. �'`S - CONDITIONAL USE PERMITS - Renewal Fee - 1/2 Current, Fee After -the -Fact Fee - Double Current Aprlication Fee X $100.00 a) Residential accessory Use $150.00 b) Institutional (church, schoc'., etc.) $150.00 c) Duplex Cre t/Eldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration Grading and filling - designated wetland or floodolain Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75' of Lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS �150.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision $250.00 Rezoning $100.00 Appeals Other - see fee schedula PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential r (specify) ------------------------ -------------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: 60wr4+T+0^ #%t utr_ PLIt""111 Xe1 /dT/N AVc aQ ITT e-AAA SE ^00-It AaCUE 6684C. REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center'348-3271) 3. Stamped, legal- sized envelopes (4?0) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 6. Construction plan, if applicable (see staf- f or requirements). 7. Plat Map. 8. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. ------------------------------------------------------------ --------------- Certification by Zoning Department that Land Use Application is complete. .� Zoning Officials Signature Date. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature / Date 9 OWNERS SIGNATUR$ The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature Date -- ------ ------------------------------------ ----- ----------- Applicant must have all submittals into the Cityoffices 25 days before the Planning Commission Meeting. Planning Commission Meetings are ;geld on the third Monday of each month. Applicants must be presen+, at all scheduled review meetings of the Planning Commission and Council. If an applicant :s unable to attend a scheduled meeting, please make arrangements to have an L,,r authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. ���, l�d..'�i•.C� M►�L—z�ew�t_ �_l �p✓�•G': ,/a,l� _✓�� �ec/IC ----._ ._... ._ f��_C t _1'�•f_-0 �L�10.1�_� �f/1r�G�C--� �n'r✓✓ /G�c:�/Mj�ivt� R.—_— </Y-/L 49Y-�/1te, y•- r*W^4__rn.et ! �ivG ./•v ��o�a�a�Z d/ur.•q -- _.-��t wi✓ �. 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"� is = '�!'!f ­�•:�= �• • �ISi.t`''C��1 '�• �I- ri. ���r•r _-s,•�%!"' =':± - =IQ .u+-,:•F'';: �^ �•y'• r • i. •:a-"1�"� .-•'� �7 oSIiB 7�" �'r r'r._�*.,�3✓aSR- `i4io •=Z •..tea..- �•S7 •�'�j . i K9 pro art<.},� ► • •• �a . t� t - - �..: 1— �.af7f : y -- -.+::r-�+; _-• . �'��'Ts i •��'�'M'.•�'. -.i-`• •f� r r.� a.�:__-�_ t"_"'=�.....r.:� - '�: • •S!-'. f �• �`�:.�J�e r .. jA • �: 9� '� ii1:: t` :172 •' �V �►ir� = ee.t'r:. -- 7 "ter •ate a , y �`� i +'� = •'"i �S` � - - A�r- � - ' AOL vk IG jr 1"'. � � � ' :4j�a• \ "'�""'-"�►-%`ii L✓ ~-3c "+__> �. -• • .. , . - �ir�l�. v i �i!°'!�sa i 20-117-23 34 0020 Carol J. Kelly 3020 Casco Point Road Wayzata, MN 55391 20-117-23 43 0035 John & Susan Mocran 4632 Emerson Ave S. Minneapolis, MN 55409 20-117-27 43 0049 Lawrence Brustad 3309 Casco Circle Wayzata, MN 55391 20-117-23 43 0048 Eckard Muenck 3305 Casco Circle Wayzata, MN 55391 20-117-23 43 0031 Robert Macnie 3135 Casco Circle Wayzata, MN 55391 20-117-23 42 0024 Stephen B. Wilson 3508 Ivy Place Wayzata, MN 55391 20-117-23 42 0022 James & Sherry White 3516 Ivy Place Wayzata, NIN 55391 Rut DAI 12/88 BATCH 001 •, 1 PROP ADDR OWNER NAME `i �`• TAXPAYER c#' NAME/ADDR f I� PROP ADDR OWNER NAME TAXPAYER ffAME/ADDR t. PROP ADDR i�. OWNER NAME TAXPAYER NAME/ADDR l� PROP ADDR ® OWNER NAME TAXPAYER NAME/ADDR PROP ADDR 144 41 OL44ER NAME •: ! 1 TAXPAYER tr NAME/ADDR PROP ADDR i11 iI OWNER NAME l 14. TAXPAYER �• NAME/ADDR i it+r� s 38 20-117-23 42 0004 D A K KLINT DOUGLAS KLINT 3545 IVY PLACE WAYZATA MH 55391 38 20-117-23 42 0032 03F09 IVY PL MARLENE DICK / PERSONAL REP THOMAS 0 COX 3509 IVY PLACE WAYZATA Mll 55391 38 20-117-23 43 0036 03038 CASCO POINT RD I P BOOTH A WIFE IAN P BOOTH 3038 CASCO PT RD WAYZATA MN 55391 38 20-117-23 43 0039 03034 CASCO POINT RD GARY A BARR GARY A BARR 1637 S E 13TH ST FT LAUDERDALE FL 33316 38 20-117-23 43 0043 03277 CASCO CIR LEE GEINERT ETAL LEE GEINERT 3277 CASCO LANE WAYZATA Mil 55391 38 20-117-23 43 0048 03305 CASCO CIR ECKARD MUENCK A WIFE ECKARD MUENCK 3305 CASCO CIRCLE WAYZATA MN 55391 HEf01EP-• COUIITY PROPERTY I kTION SYSTEM PROPERTY OWNER- ,T 38 20-117-23 42 0028 03535 IVY PL T BERNIER A B CLAY-BERNIER T11011AS J BERNIER 8886 PINE BLUFF CT EDEN PRAIRIE tiff 55344 38 _0-117-23 43 0001 031'30 CASCO POINT RD '_ R MIGr,INS A S H RANSOM SAPPY W MIGGINS 3030 CASCO PT RD WAYZATA Mll 55391 38 20-117-23 43 0037 STATE LAND DEPT I 0 1 VIRGINIA A CAPLES BOX 314 OSSEO Mil 55369 38 20-117-23 43 0040 03034 CASCO POINT RD GARY A BARR GARY A BARR 1637 S E 13TH ST FT LAUDERDALE FL 3:316 38 20-117-23 43 0044 03287 CASCO CIR DANA A HALIIRAST DANA A HALMRAST 3287 CASCO CIRCLE WAYZATA Mll 55391 TOTAL BATCH 001 00016 REPOkT 110. PI435401 PAGE 1 38 20-117-23 42 0029 03525 IVY PL S R THOMPSON A J M THOMPSON STEVE14 R A JANICE M THOMPSON 3525 IVY PL WAYZATA Mll 55391 38 20-117--'3 43 0035 03040 CASCO POINT RD J If HOGAN fTAL JOIIN A SUSAtl MOGAN 46:2 ZoLRSOH AVE S MPLS NN 55409 38 20-117-23 43 0038 GARY A BARR GARY A BARR 1637 5 E 13TH ST FT LAUDERDALE FL 33316 38 20-117-23 43 0042 03277 CASCO CIR LEE GEINERT ETAL LEE GEINERT 3277 ':ASCO IANE WAYZATA fill 55391 38 20-117-23 43 0045 03297 CASCO CIR 0 A M OAS DANIEL G A MAOOUNA J OAS 3297 CASCO CIRCLE WAYZATA MN 55391 OVER _. __.ems_---.•.....,,�.., Certiflca Survey for Ga Barr of Lot 3, Block CASCO COVE + Hennepin County, Minnesota 1 if- 10 t I!+ j Scale: 1 = 30' P' U / Date 5-4-88 a o Irun marker I 60 J.X i t .j :. � � i a(.•Z mod`` y. • � d � ii r: .!• i i ' b ,• c �c / � j F t... .l"! d.d n.rk �`';frJS • G�iS7' / 69 ! \ �. �,•I'�,' 1 hereby certify that this J y is a true and correct repre= �. �.►` sentation Of a survey of the boundaries of Lot 3,BIock 1, CASCO COVE, and the location of any a>isting /y La hardcover thereon. It does not ptrport to y4show any other improv•_.nents or encraach- ' ments. COFFiN 6 GRONBERG INC. �,:►tr ar ron erg Lrc. 0� Engineers, i1T53- Land Surveyors and Planners j Long Lake, Minnesota e. i 'ZenG iirC4 NCI. �*� 176. /fOIWl(O • e sJ' g fao+r�.l9. O 0.0 .0 6 7s-Aro .7f; 5eAo " rj.A. d,7oo -r7tP&4o7MWt cV-40-uE 77 -- -- --- -- - -- _ .-- - - -moo � � - ---- i rgA -? ve, .._tact.- .c..c.;:r �w _s.�a.:: •: _s..� - :i.:;: ,.�a•.+e.ry:.- ... _._ �-...,. " u0:�•R►.! tS !'.^r �:^w � !sTl�� Ta=r: �-���,,.T'i7�t s j4�ti:.�a�i i��..«,��y� {� T.'�•�•.t +� �-Q. N� %•y T�ia� '.a 'Y,�P.i��'�:.".j -.r �� �.. ^� li: t ..' � ..: s�.:r� !� s.: .!.. �'��sn�r. .11r7'i� '�'fi.T•-!�viY"`� ��.. j.. tr), .y .. ,. -r rFl. �..�. 1 tr- .K�r :r--_� .. .r �..t'.,._ Sri.. _ ;+Jx�• �- _ .?i. [:�'fw .. �F APPLICATION FOR BUILDING P:kMIT AND aRTIFICATE OF OCCUPANCY VILLAGE OF ORONO, MINNESOTA OIarCTIONs. VACES NUMtCR(D I TMRU 13 MUST RE FILLED IN PENNT 3381 �J aE Prone RERMIT Is ISSUEu IRI.." P—t « r,e.I t SIiE AOOR;S$^ / 7 DATE n � - :1—AI15L OESCRI►r 04 •-MER PARCEI. NUMBER Ja�.l Q V IAW"161 ITO Me S ARCMIrECt INswgl IAdd 111 11.1 His I a BUILDER (Ns„rl IAer,sssl ITO Me 7 TYPE Ozx ♦ eR/// e SIZE OF STRUCTURE a NO. OF STORIES 10 TIMATED T (Ns�r,ll (w,elhI (DwNI 26 s's amd I I COMPLETM DATE 12. PROPERTY DIMENSIONS 13. NO. GOOF PAWL IS (M A60I,t46101 14 TYPE O CONSTRUCTION IS. h'00ERTY AREA la LOST AREA PER FAMILY so FT so FT 117. F T YARD la. REAR YARO IS SIDE YARDS I 1 ACKNOWLEDGEMENT AND SIGNATURE: The undersigned hereby represents upon all of the penalties of few, for the purpose of Inducing the VILLAGE OF ORONO to take the ect•on herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the ordinance of the VILLAGE OF ORONO, the State of Minnesota, and rulings of the Building Department. SIGN&TORE V/ P►aovio SSG. 00 PERMIT FEE , OO STATE FEE .IraaMaa F f E TOTAL Pit Ir ZONING DISTRICT FIRE ZONE 'AOGREGAT% FLOOR AREA rLU04 AREA RATIO MATERIAL FILE WITH OF FSTRE E t PARKING FOOTING FRAMING FINAL CERTIFICATE OF OCCUPANCY ISSUED DATE sY y 9-17-�W 4Z� G _ �1.'A,4.� CI1Y OF r • C..^' SSE a..Y :''JTL7L`Ju PE-VQT Trlsuectiana: ZI a. r "..S F�r..z2 QG •40 Date �• tic ^'aLer_9��5 4 • Z ? �j: die-. �✓ trieYer �L23 •• " S"r Ai'+Cr_' D.l� t aC1:S C I �; aritaicx 1.� �►.� � I SM L Use , !,r. Carb.x DatN Ire t Per_'t Abe 197.10 Man ?aview Fee 91.,g state SLrmharge 27, To SAC Charge .__ 7e7. sa a NA PERTT PFOECor AD7 S'S i4t BI _•�.r_Pivot Owner Afdreiq- 4L A ' 6�.�.�.��"���.. maw - �.---- :i idar .Same as a bodL Phans PRZCTM sac,= zYPfi Bsmt:.Fln Area - . .:`�'L4►fiaArss,�i r�s1 Ikon Fir: ".Width Deoth4f Aiea a 2nd Fir: Width �o _ Depthe • At ' 87"Pp Ind r1� • . iw �• � • S ACTSSOT Sse,r TYPE q *4& -- .• widths Depeh AreaZ�'� %t1 s ,a'i1 Est. crMietion Date—bTAQ, I t 19 i ? ,Lfi' ` ! !'► Est. Ccr tru , Valai,�2 r tat 'ridthdjjAL Dap'.hJAI AMLr 9f'. Lakeshore: Yes— No,—L 2/171M �1 wetlands: Yes_ �, ✓ . PreF. Setbacks: Prmtt,+ Rear Side LO _� Lake, APPLImfr,' JST S.IS�ffr NM Ms i ": 2 fAPIBS OF PLANS DR M TO SCABS, A CEffMCM OF StMIM-1 OF nM L4r, Ah'D IM PLAN PS MN M- 7he tndersignod hsrvbv makes licatian for a b Ud- InS pewit for the wcA described, artaas to do aII work in strict accordance with the ordtwkees v: L`-e city of eiz no and ruiinp of Lie State BuLbum Code Dirisiai, and declares that all facts f0d ivprese: - tatioN stated herein are true Ord correct. SIB ' L'str City Perry I N? . 4618 Contractor Address IIu� Owner6.)Address State License No. City License No. _ GENERAL PERMIT CITY OF ORONO Crystal Bay. Minnesota D 473.7357 Date J 22" 7` Parcel No. Section No. Lot Block Subdivision Plat No. Other Description: 1 hereby agree that, in case a permit is granted, all work which shall be done and all materials which shall be used, shall comply with the City Code of Orono applicable thereto, and shall include all additional specifications as listed below. ✓1 Water Meter: Fee S Seam Hs�hJv (City) Fee S Inman Plumbing Systems: 7� Fee S InttallSewage Disposal Syst. Fee S Install Water Hookup: (r!' )-et S Iowan Water Supply syste Fee S oo SlRnatu�Fto ppUan SAC Fee S Signature of City official State Surtax: Fee S Total AmouriI PaW to City ......... Feu • Code: Wrdt@�Fllr Copy;Cawary-lasiam at's Copy; link-Flnanat Copy: Cold-Applicam s Raearlpt CITY OF ORONO P. 0. BOX 66 CRYSTAL BAY, MINNES01A 55323 BUILDING JOB REPORT ADDRESS__ OWNER! - -- -- a1 CONTRACTOR DATE ��_"._!_Q - PERMIT NO. DESC?IPTION INSPECTION RECORD REP DATE 7- - . ',. -r .�•' 4�• %` .% CITY OF ORONO •• A'• P. 0, BOX 88 . • CRYSTAL BAY, MINNESOTA 56323 BUILDING JOB REPORT ADDRESS OWNER _ _ - ----- - -- CONTRACTOR•— DATE PERMIT NO. - DESCRIPTION -- - / may„, GS�J . /X/GL� �" _7t4dZe -�' -ra -'�wl / INSPECTION RECORD 'I c // REP._ _,-- --- , DATE �' ���`'' INSPECTION COUNCIL MEETING S E P 2 51989 CITY OF ONNO To: Mayor Grabek & Orono Council ME:nbers City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: September 21, 1989 Subject: #1439 Lawrence Langhans, 1366 Rest Point Road - After -the -Fact Conditional Use Permit/Variance - Approval Resolution - Consent Agenda List of Exhibits Exhibit A - Council Action Notice 9/18/89 Exhibit B - Resolution Discussion - At your September llth meeting, Council voted 5-0 to grant conceptual after -the -fact approval for retaining walls and the deck, with specific conditions of approval as follows: 1. Remaining concrete wall face and concrete pier footings m shall be screened with paint, vegetation or other suitable materials. 2. City Engineer to review structural stability of remaining foundation wall. 3. Applicant is advised that future enclosure of the open deck area or the space below it will not be allowed. A resolution for approval is attached. Proposed Motion: Moved by , seconded by , to approve an after -the -fact conditional use permit and variance for Lawrence Langhans at 1366 Rest Point Road per Resolution #i Ayes nays APPLICATION NO. 1439 CITY OF ORONO P.O. Box 66 NOTICE OF COUNCIL ACTION Crystal Bay, M�N�,� 55323 473-7357-----------Date-of-Notice. 9/18/89 ------------;:1 --------- TO: Lawrence Langhans COPIES: 1366 Rest Point Road Mound, MN 55364 TYPE OF APPLICATION: Variance/Conditional Use Permit ------------------------------------------------------------------- DATE OF MEETING: 9/11/89 VOTE: 5 For 0 Against ------------------------------------------------------------------- COUNCIL ACTION - MOTION: Conceptual approval of retaining walls and deck subject to following conditions: 1. Remaining concrete wall face and concrete pier footings shall ba screened with paint, vines or other suitable materials. 2. City Engineer to review structural stability of remaining foundation wall. 3. Applicant is advised that future enclosure of the open deck area or the space below it, will not be allowed. A resolution for approval will be presented to the Council for adoption as a "Consent Agenda" item at the regular meeting of September 25, , 1989. Applicant need not be present. A copy of the resolution will be forwarded to applicant prior to that meeting. If you desire certified copies of the official Council minutes, they are available from the City Recorder or City Clerk after review and approval by the City Council. A RESOLUTION GRANTING AN AFTER -THE -FA "P VARIANCE TO MUNICIPAL ZC ING CODE SECTION 10.22, SUBDIVISIONS 1 a 2 AND SECTION 10.55, SUBDIVISION 8 AND A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE #1439 WHEREAS, Lawrence Langhans (hereinafter "the applicant") is the owner of the property located at 1366 Rest Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 2, Block 1, Rest Point, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has made application to the City of Orono for after -the -fact approval of variances to Municipal Zoning Code Section 10.22, Su, divisions 1 and 2, and Section 10.55, Subdivision 8, and a conditional. use permit per Section 10.03, Subdivision 19, for the construction of retaining walls in the 0-75' lakeshore setback zone where no structure or hardcover is normally allowed, and fu-ther for the construction of a deck located 10' from the lakeshore where no such structure is normally allowed. NOW, THEREFORa, S r IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1439. 2. The property is located in the LR-lB Single Family Lakeshore Res.3ential Zoning District. 3. The Orono Planning Commission reviewed this application on August 21, 1989, and recommended on a vote of 5-0, partial approval of the proposed after -the -fact variance and conditional use permit, making the following findings and recommendations: Page 1 of 6 A) The Planning Commission recommended denial of the after -the -fact variance for the deck construction, finding no hardship demonstrated to justify granting of the necessary hardcover and setback variances. B) The Planning Commission recommended approval of the existing and proposed retaining wall construction, finding that the proposed walls are necessary for ,cotection of the stability of the lakeshore bank while being minor in scope so. as to have an insignificant impact as viewed from the lake. In conjunction with the retaining walls, Planning Commission recommends approval of leaving the pre-existing concrete foundation walls in place but that the wall be capped with a fence or suitable safety barrier. 4. The City Council finds that after -the -fact approval of the proposed deck is justified on the basis that this is a decrease in the intensity of the use as compared to the previously existing boat house structure. This decrease in intensity of use would he generally consistent with policies stated in the City of Orono Comprehensive Management Plan. 5. The special conditions applying to this structure are unique to this property, in that the remaining boat house foundation wall provides a measure of stability to the lakeshore bank. At the same time, that foundation wall is adjacent to the lakeshore and the adjacent steep topography makes it impossible to adequately place fill against the wall to provide for a more suitable blending of contours. 6. The remaining foundation wall creates a steep drop of approximately 10' which would require a railing if the deck was not in place. The deck provides such a railing for safety purposes. 7. The applicant claims he was unaware of the need for permits to remove the pre-existing boat house that was damaged in the 1987 "Super Storm". Applicant also claims that he did not know that repairing retaining walls cr construction of a deck above the remaining boat house foundation required City approval. 8. The City Council finds that removal of the pre-existing boat house and replacement with a deck of identical footprint is justified by the decrease in visual impact from tht- lake, and further finds that there is no increase in hardcover in the 0-75' zone over what was previously existing. Page 2 of 6 9. The City Council finds that regarding the retaining walls, the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance to allow construction of retaining walls would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties, would not merely serve as a convenience to the applicant but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve the stability of the lakeshore bank; 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. 10. The City Council finds that granting a conditional use permit to allow the construction of the proposed retaining walls will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danager to neighboring properties, would not merely serve as a convenience to the applicant but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve the stability of the lakeshore bank; 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. 11. At the regular City Council meeting of September 11, 1989, the City Council voted 5-0 to grant after -the -fact variance and conditional use permit approval for the proposed walls and deck directing City staff to draft a resolution to that effect. CONCLUSIONS, ORDER AND CONDITIONS ,ased upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.55, Subdivision 8 and a conditional use permit per Section 10.03, Subdivision 19 for after -the -fact approval of retaining wall construction in the 0-75' lakeshore setback zone, and further grants after -the -fact approval for similar variances and conditional use permit for construction of a deck located 10' from the lakeshore where no such structure is normally allowed, subject to the following conditions: Page 3 of 6 1. Applicant shall be allowed to complete the retaining walls as shot -in on the attached survey (Exhibit A). Applicant shall provide the City staff with a planting sch%.J-,ile to ind- cate how those wood retaining walls will be screerad by vegt-tation. 2. The City Encir eer shall review the structural stability of the remaining concrete foundation wall. 3. Applicant shall screen the concrete foundation wall and pier footings facing the lake with vegetation ci uy painting the wall to blend in with the surrounding;. 4. Hardcover in the 0-75' zone shall consist solely of the following items: 121xl8' deck 216 s.f. Wood stairs 112 s.f. Upper landing 30 s.f. Lower platform 16 s.f. Rock retaining walls 7 s.f. Wood retaining walls 45 s.f. Total 426 s.f. or 5.5% (area of 0-75' zone = 7,800 s.f.) The applicant is advised that no future additional hardcover will be allowed in the 0-75' zone. 5. The applicant is advised that future enclosure of the open deck area or the space below it, will not be allowed. 6. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit for the retaining walls and deck within one year of the date of Council approval, or this variance will expire on that date (September 25, 1990). 7. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 4 of 6 8. The undue gned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meet_ ; held on the 25th day of September, 1989. ATTEST: Dorothy M. Hallin, City Clerk Property Owner(s) STATE OF MINNESOTA ) �. COUNTY OF' HENN'-PIN ) The foregoing instrument was acknowledged before me on this 25th day of September, 1989, by & Dorothy M. Hallin, Acting Mayor & City Clerk of the City of Orono, a Minnesota mt 1cipal corporation and said instrument was executed on behalf of the City. Notary Public My TO-;;7 qs; on Expires Page 5 of 6 STATE OF MINNESOTA ) /'**N ) ss. COUNTY OF HENNEPIN ) On this day of , 198 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described? in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NCTARY PUBLIC MY COMMISSION EXPIRES STATE OF '•11NNESOTA )ss. COUNTY ;F HENNLIJIN ` -� On this day of _ , 198 , before me a Notary Public within and for said County, personally appeared known to me to be the �,arson(s) described in and who executed the foregoing instrument, and aci:-1ci--jea.jed that he (they) executed the same as his (thei-`e ar: and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 6 of 6 COUNCIL MEET To: Mayor Grabek & Orono Council Members SEP 2 5 198' City Administrator Mark Bernhardson ����y/ AA From: Jeanne A. Mabusth, Building & Zoning AdmirK6lz-d0F4ROW Date: September 21, 1989 Subject: #1440 1st National Bank of the Lakes, 2445 Shadywood Road - Commercial Site Plan Review - Pertinent Ordinance - Section 10.43, Subdivision 2 - "Application." - Commercial site plan review and approval required for expansion of drive-in facility. Additional Exhibits - Exhibit I - Topographic Detail for 1st National Bank of the Lakes Exhibit J - Site Plan dated 8/30/89 Review of Application - Application #1410 was originally accepted as a renewal variance pertaining to a canopy that was proposed located in the south side yard requiring a setback variance. The canopy proposal has been withdrawn. The applicant seeks merely approval of a commercial site plan review for the expansion of the drive- in lanes from 1 to 2 along the south side of the property in addition to installing a neamatic drive-in window for the new lane. Staff has received no negative comments from the most affected adjacent property owner. The Planning Commission unanimously approved the proposed expansion, to two lanes subject to the amended plans received for t",,s review entitled "Topographic Detail" and site plan revised 8/30/89 (Exhibits I & J). The Planning Commission approval was conditioned on the following: 1. Applicant has agreed to provide tire stops at each pp -king stall in the rear parking area. 2. Fire lane to be posted with appropriate signage on the north si4e of the building. 3. Piov.Lue signage at southwest corner of bank giving direction to the users of the teller lanes. 4. Relocate gas meter on the south side of the building to a location approved by the City Inspector. 5. Upon application for a building permit for the neLunatic drive-in banking system, applicant shall provide a typical driveway section for the new driveway are on the south side of the property. 6. Curbing and new retaining wall approved per topographic detail section plans submitted for this review by Mark Gronberg of Coffin & Gronberg Inc. To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Building & Zoning Administrator Mabusth From: Thomas J. Jacobs, Building & Fire Inspector Date: September 7, 1989 Subject: ##1440 1st National Bank of the Lakes, 2445 Shadywood Road •- Commercial Site Plan Review - Application - The applicant is proposing to install an additional lane to the already existing drive-in teller window. Pertinent Ordinances - Section 10.43 - Office and professional business district. Zoning District - The property is located within both B-3 and B- 41 Commercial Zoning District. The predominate zoning district is B-4. Area - The total area of the property is approximately 25,000 s.f. The I3-4 zoning district requires 20,000 s.f. of area. The property is 100 feet wide. The B-4 zoning district requires 100 feet. Permitted Use - The bank has operated from the site since 1964 and is a permitted use within the B-4 zoning district. List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Existing Site Plan Exhibi, E - Resolution No. 1386 Exhibit F - Cook's Letter Exhibit G - Proposed Site Plan Exhibit H - Memo from Tom Jacobs Tabling Application Dated 8/17/89 Commercial Site Plan Review - Setbacks - After reviewing Section 10.61 of the Orono Municipal Code, there is no required setback for roadways to the lot line. Zoning File #1440 September 11, 1989 Page 2 of 4 Parking - Section 10.61, Subdivision 9 (K). Office buildings, pxcfessional offices, banks, savings and institutions. At least one parking space for each 200 s.f. of floor area. Existing Parking Spaces = 26 spaces Required = 2,899.83 s.f./200 = 14.49 or 15 spaces No additicnal parking is proposed in this application. After reviewing the plan and the site, staff recommends that: 1. Concrete curb and gutter should be provided around parking and driveway areas, or tire stops should be provided at each parking space. 2. A plan showing a typical section for the driveway area should be provided. Access - Traffic Flow - Access to the site will be the existing access which will not change. This access was approved by Hennepin County Department of Transportation during the Navarre upgrading of County Road 15. Traffic Flow - Staff recommends the following: 1. Parallel parking be prohibited on the north lot line adjacent to the building. 2. Signs to be installed at the southwest corner directing the driver to wai* for open drive-in teller area. 3. A warning sign to be posted on the southeast corner of the structure denoting merging traffice. Landscaping - The plans show that there will be no additional trees to the site. A green area will be located at the turn into teller area as noted on Exhibit G. Drainage - In Exhibit H, Cook requests additional to.-)og:aphic information along shared southern lot line to define drainage from drive area. Applicant's engineer/surveyor will provide this information by the latter part of this week. The engineer's final review comments will be presented at your meeting. Zoning F_le #1440 September 11, 1989 Page 3 of 4 Building Utilities - Applicant must relocate gas meter on the south side of the building to an approved location and be approved by the City inspector. Building Plans - No building plans are required for this type of improvement. Signage - No new signage has been proposed. Building Code Plan Review - A building permit is require3 for the installatior of the neumatic drive-in banking system and any changes to the teller window area. Fire Code Plan Review - Fire lane signs should be posted on the north side of the lot adjacent to the building. SAC Units - None required. Staff Recommendation - Staff recommends approval of the commercial site plan review based on the following findings: 1. The property is located within both the B-3 and B-4 commercial zoning districts. The total area of the property is approximately 25,000 s.f. The predominate zoning district is B-4 and requires 20,000 s.f. of area. The property is 100' wide and the B-4 zoning district requires 100' width. 2. The bank has operated at the site since 1964. 3. The applicant proposes installing a second remote lane adjacent to the existing one on the south side of the existing structure. 4. The installation of the second remote lane will also necessitate removal of sections of the existing retaining wall and installing a 6" curb along the south property line which will be maintained on the applicant's property. Zoning File #1440 September 11, 1989 Page 4 of 4 5. Access for the bank and the dental office from County Road 19 has been defined in the recent Navarre upgrading of County Road 15 6 19 intersection. 5. Approximately 2,899.83 s.f. in area. Ordinance requires that the bank maintain 15 parking stalls and the bank has maintained a total of approximately 26 stalls. 6. Special conditions and hardships applying to th?s property are particular to such property and immediately adjoining properties. 7. The granting of this application is necessary for the preservation and enjoyment of a substantial property right of the applicant. 8. The use is not detrimental to the public health, safety, or welfare or material injurious to properties in the vacinity. Staff recommends approval of the commercial site plan review subject to the following conditions: 1. Applicant to provide plans showing curb and gutter around parking and driveway areas or tire stops in each parking stall and proposed curb and gutter at new landscaped area. 2. Fire lanes be provided as stated in the fire code plan review. 3. Fire lane signs posted on the north side of the lot line adjacent to the building. Provide signage at southwest corner of bank giving direction to the user of the teller lanes. 4. Install 6" curbing along the southern property line. 5. Relocate gas meter on south side of the building to a location approved by the City inspector. 6. Upon application for a building permit for the neumatic done in the banking system, applicant shall provide a typical driveway section for the driveway area. CITY OF ORONO - VARIANCE APPLICATION :- •�'`� Initial Application Fee $150.00 ($50.00 per each additional variance — a•/ Renewal V- _ance Fee $75.00 (no change f�:om original application) =- After -the -Fact Fees (Double application fee) ----------------------------------------------------------- PROPERTY LOCATION - -y Site Address v?'f5�.� .Ihn.�s�a�r. �l /Ccrf�r C�_vr�.�rr., ���" •TT.�y - Property Identification Number (P.I.D. } 020-//7-.��- Please check one - Property ✓ abstract or torrens? Attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT ""�� Phone (home) Name I-/ it /vim-o:i,L 9,,,< eF rNF 1,*x6-S Phone (work) i'7/ - G//l Address: 2`fi's" .fhadyr,;,-v,{ /ro.a,x- City: C✓n y Z•-,-A,,Zip: r���'••�- --------------------------------------------------------------------------- OWNER (if different than applicant) Phone (home) Name Sa '-, e, Phone (work) Address: City: Zip: Date Property Acquired � 1 9 (month/year) I do (do not) also uwn the adjacent parcels of land.Prpa�,�/�_�_�/ --- ---------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District r Present Use of Property Cd�.hc/��.•►� /",t.•'.t 1 Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ e7O O Describes regues in detail: n,r A47ig eef ptPfr..rr c1i7at-�- LQNL . /T2.a �z C KI �t -i.✓ .+Y� ^.'V�p ft AJ1A,,e�L. .�ry, v /��u� piles�tnf- A �'Gr _ --�—r VARIANCS'�?4R�QOZRB� " � -.. ��r;_..------------------------------------ Lot Area Lot Width Hardcover Setback Variances ( Front to Side Rear) Other IS -ram c�. HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: Tn�z�F� acid.-1,es..l� ��r/✓t-.N �Q�✓� oco. n.� it4.n s: Et iJ /4t�Z.%tG/ ea oJ: /� . Cffv1 u/�,,4./ej� hn. �crZ=# ----------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing complia/pce with Zoning Code Requirements: ,e�.. c.[, ,✓s I�GG�.�.�.,1 �.. tT 2 � . / � .i -E ! it t'+ 41: 'w AW40- ---------------------------------------- - J--------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). 4. Certificate of survey including hardcover calculations as required. 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6. Plat Map (obtained with property owners list). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. --------------------------------------------------------------------------- Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date --------------------- ----------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of :,is/her knowledge. N.�< Applicant's Signature 46�c ✓i[ of •c ,.,C�.s� Lftes ��Date/.E1r% OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property b,, City staff, consultants, agents, Commission members, and Council members for purposes of investiga- tion and verification of this request. / Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commis: ion Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. RUN DATE 06/27/69 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 PRUPERTY OWNERS LIST PAGE 1 BATCH 001 38 20-117-23 11 0002 PROP ADDR OL420 SHADYWOOD RD OWNER NAME BOYAGEUR SERVICE CENTERS TAXPAYER VOfAGEUR SERVICE CENTERS NAME/ADDR CO RD 15 3 17 NAVARRE MN 55392 38 20-117-23 11 0018 PROP ADDR 02455 SHADYN000 RD O RIER NAME PAUl M ENGLUND ETAL TAXPAYER PAUL M i JEANNE M ENGLUND NAME/ADDR PO BOX 448 MOUND MN 55364 38 20-117-23 11 0032 PROP ADDR 00038 ADDRESS UNASSIGNED OWNER NAME 1ST NATL BANK OF NAVARRE TAXPAYER 1ST NATL BATH( OF NAVARRE NAME/ADDR P 0 BOX 123 NAVARRE M!iW- 55392 38 20-117-23 11 0015 02445 SHADYWOOD RD 1ST HATL BANK OF NAVARRE 1ST NATL BANK OF NAVARRE CO ROAD 15 3 CO ROAD 19 NAVARRE MN 55392 38 20-117-23 11 0024 03333 SHORELINE DR MGT COMPANY SUPER VALU STORES INC CORPORATE TAX DEPT PO BOX 990 MPLS I4N 55440 TOTAL BATCH 001 00007 38 20-117-23 11 0017 02455 SHADYWOOD RD JARIBO INC JARIBO INCORPORATED 4545 ENCHANTED PT SHOREWOOD MN 55364 38 20-117-23 11 0026 02500 SHADYWOOD RD THE REGENTS OF THE U OF M U OF MINN REAL ESTATE OFFICE 335 MORRILL HALL 100 CHURC,. ST SE OPLS IIN 55455 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPART NT OF PROPERTY TAXATION, TO T BEST OF MY KNONLEOGE AND BELIEF f' DATE�� ay v qll- •,� ` wtr :Mail rr.w w;YJ�. SI.<.•yry': r�.."•'+. /t-^4'riy. ++ �1PP�► fil•°ift.•iM�. cw.dJ,aw .t1:vJw �•t+Fs i.i. JY:,t �:i.. ..aa.. �: `p}•^• •i•.-•it•Ki11`•f�lvy •i7xr.....y.r-+..,�f�q�T+ Attor=+t5'«.�kh?itItt.bX—z..iti£'S:•_•�.'iA 'T'`i�G`fN'iry��:Ms�.•�.^Y,I�"a��+S!...��F+k'.��.?�1."rt=U.. %•r +...ac!i;Cb':t.'1s»SYs.� v..:Ct�L:".+^.�=l.t"ttYiCS'.ti:i.!<e!�. '�'."'�TT�.Ci.�T^t,'l`ii'�r7r.:•�.!tYSiLLr,R Y;' �: •;�.:.:'c �if.•i'�'. ,pia' r"}' h��t}e%sttt+c.•.'y`� ! `3�+►t�1.�'t+F# 266.61 to r1'i162 _yy, w.. IpefP7 T�-- .HWY. •N..r GO-R9—NO-45-) n�,•��'-�� T �!:"`P:E�i� - �:..o.t °....• ,..e.a ; 't l 7041, di 69 L ° N n•' .LZ Lz � 6 � u • � _ � , ,1 12 �f ''" r I . t y:•�Lt� � i � ✓A�r.w coyE s 101 s': — L=�= n°.i \ 1' � •t S e '�-+' f's'�r. � ••:• � -�°%,'o �ti� - n nw • i• • t '•O'•r _ • d �.. .+(a) oii'_•1 COVE L \-�• ►t'?..\� _ _ IC - _ ' l - •aa it � ' ;3a 6' 1.! .►.� r •I•+O w 0,90 9 /T�f� Sft yet. �(n • '. > L •�.ti- t4 r:. _S.oro bag °►Pot 1971 A4, A°..°1 Photo (� 1 A r o :�• ( fir' (y1) Ile of LOT _'i '"'":. '4'"'•'.. ..\trt �=::. lb �AP �d . �� c �t�:'yf,*�rw�;-r►�+�-. .:yy� '•+• a _ �j . ` ,, • a. YY 1t- J• J �� +�F'•tt �•�i r..t1r =v.o-•..r". - .Y....•. ar-.•.. •.• +ira TJ:.eI trr.•r `1 }AUG 1 71981 U �. •� f'j r, r1• �i��� fiii.�r'Ll -- p CITY OF ORONO Certificate Of .ILT"vCy ''^" ?tS,r, for First Nationul Bank of h:iv F L1�4 lfa �L�j��y i,,, .1 'A �, in Lots 1 and 2, Uock 4, Townsitc of Langdon Park flennepin County, t?innosota / I Stit -dl110 •r� ,i B y / Ii rLTI•wl �� f 0 -4➢ / ff I hereby certi y that JI'Tf is a true and corract representation of a survey of the boundaries of that part of Lots 1 and 2, Block 4, Townsitz: of Langdon / Park, described as follows: Commencing'at a point on tho Northeasterly lino of odic+ Lot 2, a distance of 329.17 feet Southeasterly from the Northeast corner of said Lot 1; thence SouLhweatorly along a line a dis- tance of 16.54 feet to the Southwesterly right-of-wuv line of County Road No. 19, which point is the actual point of beginning of the land to ba deacribed (said above Southwesterly line is described as follows: Com- mencing at a point on tl:o tJortlwasterly line of said Lut 2 a distance of 328.17 foot Sout.heastorly, from the Portheast corner of said Lot 1; thence Southwest- erly a distance of 300 feet to a point distant 242.1117 fiat Southeasterly of a point 100.0 feat East from a point on the West line of said Lot 1 distant 234.0 feet South from the Northwest corner of said Lot 1); thence continue Southwest- erly along the above -described line a distance of 250.0 feet;to a judicial land- mark; thence Northwesterly a distance of 100.0 feet to a judicial landmark; thence Northeasterly a distance of 250.0 feet to a judicial landmark can the Southwesterly right-of-way line of County Road tla. 19; thence Southeasterly along said right-of-way line a di9tanco of 100.0 feet to the point of beginning, and the location of all existing buildings thareon. It does not purport to allow other improvements or enrroachments. / • _'� �� A - Scale: 1" = 40' Gordon R. Coffin Mg'/No. 6064 Date : 6-19-e1 Land Surveyor and Planner 0 . Iron marfer Long Laka, Minnesota 15 City of � 1 36 ���� RESOLUTION OF THE CITY COUNCIL NO. 1386 A RESOLUTION APPROVING A SETBACK VARIANCE FOR THE FIRST NATIONAL BANK OF NAVARRE FOR A PROPERTY LOCATED AT 2445 SHADYWOOD ROAD WHEREAS, the City of Orono is a municipal corporation organized under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statute 412 et. seq. and 462 et. seq. the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, pursuant to Ordinances 32.300 and 35.356 David J. Delaney, president of the First National Bank of Navarre, has applied for a side yard setback variance to permit construction of an overhead canopy structure that will extend to within 3.5' of *he south property line on a property legally described as: That part of Lots 1 and 2, Block 4, Townsite r° Langdon Park, described as follows: Commencing at a pint on the Northeasterly line of said Lot 2, a distance of 328.17 feet Southeasterly from the Northeast corner of said Lot 1; thence Southwesterly along a '_ine a distance of 16.54 feet to the Southwesterly right-of-way line of County Road No. 19, which point is the actual point of beginning of the land to be described (said above Southwesterly line is described as follows: Commencing at a point on the Northeasterly line of said Lot 2 a distance of 328.17 feet Southeasterly from the Northeast corner of said Lot 1; thence Southwesterly a distance of 300 feet to a point distant 242.87 feet Southeasterly of a point 100.0 feet East from a point on the West ine of said Lot 1 distant 234.0 feet South from rthwest corner of said Lot 1); thence continue South along the above -described line a distance of let; to a judicial landmark; the-:e Northwesterly a :e of 100.0 feet to a judicial landmark; thence No. erly a distance of 250.0 feet to a judicial lan,imart Southwesterly right-of-way line of County Roau No thence Southeasterly along said right-of-way line distance of 100.0 feet to the point of beginning. WHEREAS, the City Council has reviewed the application; the recommendations of staff and the Planning Commission and letters and comments by the applicant. Page 1 of 5 ,. 73 ' iiuJ •,R •r��, � City of oro�w: 1 RESOLUTION OF THE CITY COUNCIL NO. 1386 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hetei,y dpPrcvcc the setback variance of David J. Delanev to permit the construction of a canopystructure iii con ••^^}i^n with the ; �.__.... . installation of dual remote lanes for the First National Pink of Navarre based on one or more of the following findings of fact: 1) The property is located within both the B-3 &Aid B-•1 commercial zoning districts. The total area of the property is approximately 25,000 sf; the predominant zoning district, B-4, requires 20,000 sf of area. The property is 100' wide; the B-4 zoning district requires 100' of width. 2) The bank has operated from this site since 1964. 3) The applicant proposes installing a second remote lane adjacent to the existing one on the south :ide of the existing structure. In conjunction with the installation of the second remote lane, a canopy structure will be erected that will extend 15.5' from the bank structure and 3.5' from th side lot line. 4) The proposed canopy structure will req-i i a side setback variance as follows: B-4 Commercial Zoning District requires 15' side setback existing 16.9' - at rear SW corer of bank proposed 3.5 variance '.1.5 or 76% 5) The installation of the second remote lane will also necessitate relocating sections of the existing retaining wall and rebuilding one along the south property line. 6) Ur. Paul Englund, property owner to the south, has submitted a letter dated April 2, 1982, giving his consent to the construction of such a retaining wall, ..:_Uns of which may extend over the shared lot line. Page 2 of 5 City of ORONO- RESOLUTION OF THE CITY COUNCIL NO. 1386 7) Six inch curbing will be installed along the south property line to define the access corridor and prohibit the unsafe use of adjoining access corridors by customers of both the bank a4d dental office. 8) The total plan for the site will include the following additional improvements: a) 6 inch curbing along the front property l;f•a to define a separate entrance and exit for the sit... b) A new traffic flow plan with the required signage. c) Redesign of frorit parking lot as recommended by staff. d) Landscaping along the front lot line specifically small plants in flower boxes. 9) The City Engineer, Glenn Cook, in his review dated April 19, 1982, has approved the e:'.re plan as an acceptable two lane facility. 13) The kirst National Bank of Navarre has stated that contractural obligations will require that their new bank be built by 1985. The proposed improvements will all,-w safe and efficient use of the existing facility for the next three years. 11) The bank structure consists of apprex-mately 3,364 sf in area; ordinance requires that the bank maintain 17 parking stalls. The bank has maintained a total of 22 stalls based on the number of permanent full time and part time employees. 12) The applicants submitted ,wu alterna- 'ins that relocated the dual remct(: izaes to t r of the bank. The rear location:, would have Lequired either the loss of required parking stalls or further encroachment into the property to the south. Page 3 of 5 F I City of OR,ONO RESOLUTION OF THE CITY COUNCIL NO. 1386 13) The dental office on the property to the south is located 10.6' from the shared lot line. Further encroachment by the bank would have created potentially hazardous conditions for the public using both the bank and dental office facilities. 14) The special conditions and hardships applying to this property are peculiar to such property and immediately adjoining properties. 15) The granting of this application is necessary for the preservation and enjoyment of a substantial property right of the applicant. 16) The granting of this proposed variance will not in any warm impair health, safety, comfort, morals or in any o' respect be contrary to the intent of the Zonin- !'. and the Comprehensive land use plan of the Ci , . 17) The granting of this variaz._a will not merely serve as a conveniLnce to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. FURTHERMORE, BE IT RESOLVED that based upon the foregoing findings the City Council approves the setback variance for the construction of an overhead canopy at 2445 Shadywood Road subject to the following conditions: 1) Applicant must redesignate parking stalls in front parking area pet revised plan, Exhibit A. 2) Prior to the is ance of a building permit for the canopy, applicant must submit a copy of the temporary easement agreement between the bank and property owner to ehe south dealing with the encroachme t of the zataining wall and location of second remote lane. 3) Applicant agrees to remove canopy s`-ticture and outer remote i,,ne with island when the ba moves to new location. Page 4 of 5 City of OR,ONO RESOLUTION OF THE CITY COUNCIL NO. 1386 Adopted by the Orono City Council on this 24th day of Mav 1982. �u� William B. Van Nest, Mayor ATTEST: Albe a M. Strpm, Cite C er!c' I have read and understood the above resolution and agree on behalf of myself, President and major shareho:_der of the First National Bank of Navarre as president and sole Owner of Orono Financial Incorporated, a Minnesota Incorporated holdii:•; rompany, holding over 80% of the ownership shares of the First National Bank of Navarre, and on behalf of the remaining shareholders that the use of the above described property may be so regulated by the City of Orono and agree to the filing of a copy of this resolution in the chain of title to the property. David J. Delaney President, First National Bank of Navarre STATE OF MINNESOTA ) Ss. COUNTY OF HENNEnIN ) The foregoing instrument was acknowledged before me this day of _ 1982, by Nctary Publl.c %� Page 5 of 5 Sonest roo C"M 6 Jo^rase ►C "Ohio- C A'� �°""` °° :alsoe+Ccn► OY Rosene 0rn10V A LM:t,. A N"JM ° %reMon. PL 0 Anderlik & .JTpt� At 4K*r P GOKg p rAmras f Nyci ►L. Associates �* C S0WrVc "f MinAn 6 ivYda. P1 Englneers & Architects September 7, 1989 City of Orono Box 66 Crystal Bay, tit 55323 Attn: Tom Jacobs Re: First National Bark 139-1440 Dear Tom: KnM A Oorea'+ P1 V-oar C .y'X� PL PhV J CJtv.er P► RKr6R1'.V POHCL AL f al" C. I6-6+0Y P6 .v R ,VJWrd PL Krmem. / Anorum PC Man D 'J.n:► Pf 4 TAtMYJ1 it Ai WW A i A Jnry A IOG.ICOA. P6 KC M A 0.1Crrarn P1 G*ry P "rOJ'. PL MA A HarUA. P6 wou R oxrt PE clures A VX"G' �tl K. N4 PI RaaeA C Rut -to A. A tro M ►Jwr1.y 111(A3e' r 2AW"r3.V1 9! ^Oral t NNW,. PY Hare' M OKM "a" A PR'P 0 PI '+Wrala A j„1,YpM ,C %1"'+ V YA.1ti1 t PA OJV4 0 Lolkoo OF airC1 J C►wa•+ PC r.-to +Jf W P::;rtm Pb V.srt A kt lj PC We have reviewed the preliminary plan submitted for the Fire;. National Bank of the Lakes. The plan should include the following information for final engineering review. The plan should show wxisting topography on the bank site where construction is proposed. Elevations should ve provi-ed on the bank property and the adjacent property to indicate drainage patterns for the site. The major features (buildings, parking areas) of the adjacent property should be shown. If you have any questions please contact this office. Yours very truly, BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, IN.. Glenn R. Cook GRC:dh Enc1. 2335 West Highway 36 • St. Paul. Minnesota 95113 • 612-636-4600 a - IN 1 I I I 4 I I. 1 o � 4 i FIRST NATIONAL LANK OF THE LAKES SITE PLAN SHEET I OF I NAVARRE.MN e -3C e9 r -0' sm To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Thomas J. Jacobs, Building & Fire Inspector Date: August 17, 1989 Subject: #1440 1st National Bank of the Lakes, 2445 Shadywood Road - Variance/Commercial Site Plan Review - Public Hearing - Tabled On August 17, 1989, I met with Mark Winter, a representative of the First National Bank of the Lakes. During this meeting, we discussed his proposal of a canopy and additional drive-in lane. It was decided at this meeting that additional information would need to be reviewed before the application could continue. It was decided during this meeting that the applicant wishes to table his application until further information is provided and reviewed by the applicant and the City. Topographic Detail for First National Bank of Lhe Lakes in Lots I & 2, [dock 4, Townsite of Langdon Park Hennepin County, Minnesota �0 G� 0 1 \\ A9 qp Exif ey,�d,.i S.3 — 4 9y � onK 1 ,4i /ri/elel/\ e1 f' ray, �� 9 `j,c,•���1 ` ` 7 ••• ` \ r \ /I0'0N'./ rw'A o. y cp1�}1 iy \ . �(�o /f/re d��F� `.. seq. F• /r l�„�F F,1 � c v /r Fjq ,v.. c� ,v e- cr. • Gti.icl_ FX fF// -... FAtT Fn.r k�,vF.tF n.c/ .c c`i ✓F /� L� Scale COFFIN & GRONDFRG, INC. Engineers, Land Surveyors and Planners Lorin Lake, Minnesota i inch = 20 feet Date 9-;2Iron o m9 I ron m marker • Datum Assumed __!•-- Existing contour /9o..) Snn1 PIPVAr inn SEIP— .^_.—G19 FR T i i - S.9 NAvARRE I ; MD 41" Rl FIRST NOTIONAL BANK Or THE LAKES SITE PLAN NSHEET I or I AVARRE. MN • e •ac •e9 COUNCIL MERING SEP 2 51989 CITY OF ORONO To: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Fros: iianne A. Mabusth, Building & Zoning Administrator Date: August 30, 1989 Subject: #1441 Don Copley, 1185 Tonkawa Road - Variances - Public Hearing Zoning Districts - RR-lB approximate area = 28,405 s.f. Pertinent Jrdinance Ia Sect:L.on 10.22, Subdivision 1 - Average lakeshore setback In review of the average lakeshore setback diagran the proposed addition encroachs approximately 1' to 1/2' ?.n front of the average lakeshore setback. Review E: hibit D. Section 10.12, Subdivision 2 - Hardcover variance required within 75-250' setback area. 75-2-n` = 18,678 s.f. allowed = 4,570 s.f. or 25% existing = stair 5,516 s.f. or 29.5% applicant 5,516 s.f. or 24.1% proposed staff = 5,997 s.f. or 32% (24 s.f. added for stet; on lakeside of house sae Exhibit H) applicants proposed = 5,571 s.f. or 26.1% List of Exhibits - Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Average Lakeshore Setback Exhibit E - Hardcover Facts Exhibit F - Survey Exhibit G - Elevations Exhibit H - Lakeside Flevations Exhibit I - Floor Plan Review of Application - The applicant proposes an addition to the east side of the existing residence satisfying the s.i le setbac% standard of the LR-lb zoning district at 101. Per Exhibit D it appears that a portion of the grade level porch and se:-ond stiry balcony projects approximately 1 1/2' in front of the a,,erage lakeshore setback line. The addition projects slicy:,cly in front of the bay window on the lakeside of the house. rf y 1 Zoning File #74-11 August 30, 1989 Page 2 of 2 In review..Qf,}ttej ardo6ver facts it would appear that staffs determinatiod)6 t21e letback areas differ with the applicant's surveyor's calculations. Staff has determined the following areas within the setback zones. 0-75' setback area 9,727 s.f. 75-250' setback area 18,678 s.f. Also note that staff adjusted the proposed hardcover to include the 24 s.f. area of step on lakeside of house. (Review Exhibit H) The proposed addition prov.Ldes for a new living room, dining room and three season porch on the first level and a master bedroom sui•;.e and office on the second level wits balcony on the lakeside. The applicant proposes a major imp?ovement of he property. The hardcover is now shown at a total of 32%. Note there is no hardcover within the 0-75' setback. rea. The City has received no negative comments from the adjacent neighbors. Based on the view windows of the adjacent residences there will be a negligible impact on lakeward views. In consideration of previous actions of the Planning Commission wiLh similar variance requests, the applicant must be asked to remove existing hardcover. Total improvements should be limited to a percentage of hardcover. Options of Action - 1. Denial. If denied Planning Commission should refer to the necessary findings in Section 10.08, Subdivision 3 (B). 2. Approval. :f approved Planning Commissioni may wish to consider the following findings: 1. The encroachment of the average lakeshore setback is minimal at 1 to 1 1/2' and will have no negative impact on the '3keward views of the adjacent residences. 2. There is no hardcover in the 0-75' setback area on the property. J. The proposed total area or size of the residence structure is consistent with the size and area of surrounding residences on adjacent lots of similar size. 4. A significant amount of the runoff created by the hardcover on this property runs to the rear and street side of the yard. Options of Conditions - a. To maintain total hardcover at existing level at 29.51 requiring the removal of 481 s.f. of existing improvements or. b. Limit hardcover to 30 or 31% requiring the removal of 394 s.f. or 207 s.f. of existing hardcover. Zoning 21-. September 1. Page 3 Additional Stal! Comments for September 18, 1989 Planning Commission Motif:; - Additional Eahibil: - Exhibit J - Notice of Punning Commission Action Staff met with the applicant to review staff's hardcover calculations in relation to the actual area of the setback zones. Staff's area calculations were incorrect as they did not include the 33-34 Zeet of steep lakeshore bank located within the 0-75' setback area. Staff would confirm the original calculations presented by applicant's surveyor. The hardcover facts are as follows: 0-75' Setback Area - 9,727.5 s.f. Allowed Hardcover = 0% Existing Hardco•er 0% 75-2501+ Setback Area = 22,827 s.f. Allowed Hardcover 5,706.7 s.f. or 25% Existing Hardcover - 5,516 s.f. or 24.1% Proposed Hardcover = 5,997 s.f. or 26.28* Variance = 290.3 s.f. or 1.2% * 24 s.f. added to original estimate of 5,973 s.f. for overhang area and grade -level walk -out area from patio doors. Applicant has confirmed steps will not be installed as shown in Exhibit H. As noted in the original review, the application involves a slight encroachment of approximately 1-1h' in front of the average lakeshore setback line for the proposed addition to the principal structure. The addition would also require the approval of a hardcover variance within the 75-250' setback area of 290.3 s.f. or 1.2%. Options of Action - 1. Denial of the average lakeshore setback variance of approximately lit feet and a hardcover variance of 1.2%. If denied, Planning Comi,,ission should refer to the necessary findings in Section 10.08, Subdivision 3 (B). 2. Approval. If approved, Planning Commission should refer to the findings noted above as t1:ey are still appropriate in the amended r iew. Options of coadi �_ .,fls of approval: A) Maintain total hardcover at allowed 25%, but approve the average lakeshore setback variance. B) Approve average lakeshore setback variance and hardcover variance of 1.21. Zoning File #1441 September 21, 1989 Page 4 Additional Ccmments and Planning Commission Reccmmeendation - The P Inning Commission unanimously voted to approve the average 1 shore setback variance for approximately 1-1h' but denied the iardcover variance within the 75-250' setback area of. 1.2% asking that the applicant maintain hardcover at 25%. Planning -ommission recc..-nmei.ded that applicant consider removal of portic.i►s of bituminous drive area. The applicant was concerned with the Planning Commission's request that applicant remove! existing paving within the driveway Brea n,.. ng that the width of the driveway was minimal at 10-11' ..n width_ The concrete paved area was surrounded by retaining ,:Palls and would create a major impact on the property if concrete vas to be removed. In addition, Copley noted that this was a necessary area to provide turn -around for vehicles exiting the site. The inclosed resolution has been drafted per the Planning Commission's recommendation. The resolution can be amended if Council wishes to amend the Plennino -ommission's action. A RESOLUTION GRANT'.' A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 FILE #1441 WHEREAS, Donald W. Copley (herAi. '.ie applicant") is the owner of the property located at ll� .4a Road within the City of Orono (hereinafter "City") and A. y described as Tract B, Registered Land Survey #853, Hennepin anty, Minnesota (hereinafter "the uroperty"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 to allow construction of an addition to the existing residence located 1-1Y in front of the average lakeshore setback line and a variance to Section 10.22, Subdivision 2 seeking approval of a hardcover variance within the 75-250' setback area of 29G.3 square feet or 1.2% over the existing hardcover at 5,516 square feet or 24.1%. NOW, THEREFORE, BE IT RASOLVED by the City Council of. Orono, Minnesota: FINDINGS 1. This application was reviewed as Zouing Filc 41441. 2. The property is located Lakeshore Residential Zoning area. The property consists acres. in the LR-lB Si%gle Family District requiring 1 acre in of 28,405 squa -e feet or .65 3. The Orono Planning Commission -viewer' this ac- ication on September 6 1989 and September 18, 1989, and .unEt red approval of the variance applicaticn as amendee `eased upon the following findings A) T'�e encroachment of the avera-e -:i'ci�:shore setback is ml.,3.mal at 1-1�1 and will have no negative impact or, the lake views of the adjacent residences. E` There '.s no hardcover in the 0-75' setbacx area on the pr 7p%�-. ty . Page 1 of 4 C) The proposed total area or size of the residence structure is consistent with the size and area of surrounding residences on adjacent lots of similar size. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and Yelfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS„ ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 1 that would approve the average lakeshore setback variance of 1-1�' for the proposed addition and hereby denies the hardcover variance of an additional 290.3 square feet or 1.2% of additional hardcover within the 75-250' setback area, subject to the following conditions: 1. Applicant shall remove 290.3 square feet or 1.2% of existing hardcover improvements within the 75-250' setback area. Such ;einovals to be confirmed by the Building Inspector at the time of the footing inspection for the new addition. 2. Authorities granted by this resolution run with the property no.- with the applicant, but are permissive only and must be exeicised by application for a building permit_ within one year of the date of Council approval, or this variance will expire on that date (September 25, 1990). Page 2 of 4 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and or behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of t--,'tle of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 25th day of September, 1989. ATTEST: Dorothy M. Hallin, City Clerk Property Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before m;: on this 25th day of September, 1989, by & Doroti-.y H. Hallin, Acting Mayor & City Clerk of the City of Orono, a M-4nnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 3 of 4 RUN DATE 07/25/89 HENIEPIN COUNTY PROPERTY INFORMATION SYSTEN REPORT NO. PI435401 PROPERTY (MINERS LIST PAGE 12 tri BATCH 007 38 08-117-23 13 0006 38 08-117-23 13 0007 38 08-117-23 13 0008 PROP ADOR G1180 MIKAHA RD 01160 TONKAHA RD 01140 TOIMANIA RD NNE MINER NAME SHIRLEY J HENDERSON H T 1111EELER A S J 1111EELER R A K KYLE TAXPAYER SHIRLEY J HENDERSON YI T WHEELER A S J HIIEELER RICHARD A KATHLEEN KYLE NAME/ADDR 1180 TONKAWA ROAD 1160 TOIIKAIIA RD 1140 TON KAHA ROAD LONG LAKE M 55356 LONG LAKE 111 55356 LONG LAKE 14N 55356 38 08-117-23 13 0009 30 00-117-23 13 0010 38 08-117-23 13 0016� 1 FRCP rDDR 01120 TONKAKA RD 00038 ADDRESS UNASSIGNED 01145 TOIACANA RD OWN�,i NAME J A A BENDT MARVIN BOR1104 ETAL G S A DIETZ TAXPAYER .MORN G A ANNE L DENDT MARVIN DOMAN GEORGE A ANN DIETZ NA11E/ADDR 1!20 TONKANIA RD 1000 11IDNIEST PLAZA 1145 TOIKAWA RD �$ v� LONG LAKE IYN 55356 MIS IYN 55402 LONG LAKE M1I 55356 30 08-117-23 13 0017 PROP ADDR 01185 TONKAWA RD MINER 1IAISE D H COPLEY A P A COPLEY TAXPAYER DON A A PATSY A COPLEY NAME/ADDR 1185 TONKAIUI RC WHO LAKE 111 55356 Y 38 08-117-23 13 0018 01205 TONYAIIA RD 111011AS H SHITII A RIFE THOIAS H S111TH 17.05 1011Y.AWA RD LONG LAME [IN 55,?56 TOTAL BATCH 007 00008 I CERTIFY I..AT TI.E FACTS REPRESENTED ARE AN ACCURATE ANC TRUE REPRESENTATION Or IINFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OF TIME HENIEPIN COUNTY DEPARMENT OF PROPERTY TAXATION, TO THE BEST DF HY K11011LEDGE AND BELIEF. J ' DATE 'l,� ,.,L. / �Z'/'i BY '� � Receipt- ' VARIANCE AP TION -- CITY OF ORONO - Initial Application Fee $150.00 - ( $50.00 per each additional variance) -_ _ __- _ vv _ Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) ---------------------------- ------------------------------ PROPERTY LOCATION Site Address P. •operty Identification Number ( P . I . D . ) Plsase check one - Property abstract or _�torrens? Attach legal description to application if not ircluded on required survey. --------------- ----------------- -------------------------------- APPLICANT Phone (home) Name�Phone (work) Addr:�s: '/,%.�. City: <,L:�; �,i,; Zip: ";; J --� -------------- - ---------------------------------------------------------- OWNEP (if different than applicant) Phone (home) Name Phone (work) Address: City: Zip:_ Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. ------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) ------------------------------ --------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in' / '.�� -- •- « ------------------------------------------ VARIANCES REQUIRED Lot Area Lot Width I/ Hardcover Setback Variances ( Front Other Side Rear) �V Lwal. DESCRIPTION:' , I 'rract D, Registered Land Survey Number 8AJl# Lxls'rtN(; HARD SURFACE,: Minnesota. Irr�ue;C 2050 Sq. f t . Driveway 2880 sq. It. I)Prk 1 2 3 sq. ft. Walk 2.20 sq. ft. sited 168 sq. ft. Patio 75 sq. ft. 'I'#•)t.al (lard surface = 5516 sq. ft. 'I'fltal t'er.cen of cov�•rage within 75 to 250 foal setback = 24.1 Percent hRot'oSGU IIARD Sl1RFArC: Proposed House 2828 sq. tt. Drive 2080 sq. ft. Deck 97 sq. tt. shod 168 sq. f t• . IIaRU s:irface = 5g73 sq. ft. Percent of coveraye within 75 to 250 foal sot.back = 2U.1 Porcent Note: No hard surface exists within the 0 to 1% foot setback. PREPAr.ED FOR: ITIFICATE OF -_SURVEY ..w. _._7r., r• a EO6T ELfLATwrI__PNAhE Too i"-Dj �l i;DRAILS 4: HEIGHT OPENINGS vesveee,v e Approved . May Or t• IS RAIL„REQ61RED 'ELIDES .,r•: , CITY OF ORONO BUILDING Fil IT PLAN REVIEW INSPECTOR f/\ DATE � Q/ !� PERMIT NO. n APPROVED AS _ I InMITTED APPROVED WII I I ' �RRECTIONS AS NOTED ❑ NOT APPROVED --- CORRECT & RESUBMIT These comments are for your Information. All work shall be done In full compliance with all applicable building & zoning code to. pulrements Including items not specifically noted in this review. KEEP THIS PLAN SET ON SITE AT ALL TIMES. PROVIDL= ATTIC VENTILATION EQUAL TO 11150TH Ki*[ '. AVEA. IF 50% OR MOHE IS ►'Rq-IVIW':j) Ir; 1JZ:,P 11 PORTION OF NOO - 'U�_.:_' L! t, IS PROVID'cD ``- l-FIT VC91'0S, IF MAY DUCED � 'TO 11300TH ATTIC AREA. --- -- - - - • r.l Y�t�aoAY I � Cy � ► A �!Jr moor, — Abr �, r-T WVING KPOf1 IWM -- — rr-q--F7-oor\- rW\ 1i-J(, APPLiiL..,T.ON MJ. 1441 CITY OF ORONO P.O. Box 66 NOTICE OF PLAWNING CONNISSION A! :TION Crystal Bay, MN 55323 473-7357 Date of Notice: 9/12'89 ---------------------------------------------------------•------------------- TO: Don Copley COPIES: 1185 Tonkawa Road Long Lake, MN 55356 TYPE OF APPLICATION: Variance DATE OF MEETING: 9/6/89 VOTE: 5 For 0 Against Planning Cos ission recc■ ends the following: Tabled for reasons noted below NOTES AND SPECIAL CONDITIONS: Your variance app ication was tabled at your request as you had not received a copy of the staff memo questioni:.n the hardcover calculations on the property. Since that meeting night, have met to resolve staffs area calculations and have determined them to be incorrect. Your application is re -scheduled before the Planning Commission on September 18, 1989. Upon action by the Planning Commission, your application will be scheduled for the regular meeting of the Council on September 25, 1989. Please zontact my office if you have any questions concerning this matter. COUNCIL MEETING To: Mayor Grabek & Orono Council Members SEP 2 51989 City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zonir41r"F4WW Date: September 20, 1989 Subject: #1442 The Landschute Group Inc„ 3300 Bayside Road/375 Leaf St - Preliminary Subdivision - Resolution List of Exhibits Exhibit A - Revised Preliminary Plat Drawings Exhibit B - Notice of Council Action of 9/18/09 Exhibit C - 7/27/d7 Letter from City Engineer Exhibit D - Proposed Resolution Exhibit E - Memo & Exhibits of 9/7/89 Discussion - The applicant has revised the driveway location for Lot 1, centering that driveway on the property. This would appear to eliminate the need to remove trees near neighboring lot lines. City Engineer Glenn Cook briefly reviewed with staff the concerns of the neighbors regarding culvert freeze -yip and staging of driveways only 60' apart. Glenn noted that culverts underneath the driveways on either side of Lot 1 are 18" and 21" respectively, and Glenn recommends a 24" culvert be provided for the new driveway, which would minimize a,y effect this new driveway would have on existing driveway cul-,. arts. Due to the location of the alternate drainfield site for Lot 1, the neighbor to the west may still have concern regarding the driveway location and headlights aim. towards hjs house when vehicles leave Lot 1. The applicant n�_ad to staff that he would be discussing the screening possibilities with that neighbor. Of course, there is nothing in the zoning code that specifically requires such screening. As of this writing, one of the neighbors had noted that the lot corners had not yet been restakeu. Since the property ownees both east and west of Lot 1 are new to the neighborhood since the previous preliminary subdivision approval in 1987, it is appropriate that the lot corners be restaked by the applicant as soon as possible. Staff Recos endatior - A proposed resolution for preliminary plat approval appears as Exhibit D. !�caff would recommend approval. If Council wishes to require specific screening along the driveway for Lot 1 or wishes to condition approval on the centrally located driveway for Lot 1, those conditions could be added to the resolution if you so desire. FILE NO. 1442 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ------------------------------------- NOTiC OF COUNCIL ACTION Date of Notice: 9/18/89 ------------------------------------ TO: The Landschute Group, Inc. COPIES: Maurice R. Taylor, II 2222 Platwood Road 2955 Maplewood Road Minnetonka, MN 55343 Wayzata, MN 55391 TYPE OF APPLICATION: Subdivision -----•-------------------------------------------------------------- DATE OF MEETING: 9/11/89 VOTE: 5 For 0 Against ------------------------------------------------------------------- COUNCIL ACTION - MOTION: Tabled pending discussions between applicant and neighboring property owners regarding driveway access, drainage concerns, and tree preservation. City Engineer will be reviewing culvert sizes and locations. (P revised driveway plan has been submitted by applicant ej of September 15. 1989.) This item is scheduled for further review at the regular Council meeting of Monday, September 25, 1�89. Meeting starts at 7:00 p.m. Please contact staff if you have questions. If you desire certified copies of the official Council minutes, they are available from the City Recorder or City Clerk after review and approval by the City Council. r' f f Bonestroo, Rosen@, Anderllk & Associates, Inc. _ p 2335 W. gunk H1Qhwar 30 St. Paul, MN 55113 612-636.1600 Jl,ly 27, 1-87 City of Orono Box 66 Crvstal Bay, MN 55323 Attn: Mr. Mike Caffron Re: File 4o. 130-1174 Craig Andersun Dear !like, Engineers a Architects . M PL+ r , Iwl+C .ftOWA r, R.wNwr A ,.wb., r I r✓.r r I /.mow l 1 A— r I f.y.. R 1 ...• r, A r•.A • L.I.A•. I•I r...•✓ r L.u. •. r I tw... 1 b+..•.. r , r , Iw.. R...r. r e AI.., 4 if~ II l.r A ,.A, .. ./. Aw/ / Rw...•.. r 1 R.rr.. R ry.l.... r f A—M ,.M.", PI /A~ R A+ww' /! W. ftw C. Cw A. II /•.wl R \I4W. / [ Ar.wA / A•ti+.w. I l A-. A Rw A..i.. L I I N..A R R.Ah I L R.kw C Rrf. A I A r%~&L'4'V 1. Ir ;. r. I r..+,. I I Cho" A e..Ar.. 1 w M h..M •00— We have reviewed the proposed subdivision at 375 Leaf Street for drainage re- quirements. The existing culvert under Leaf Street near the access point for the easterly parcel is 18 inch. We would recommend that a 24 inch culvert be provided at the new driveway lozatioli. The culverts under the existing driveways on either side of the access for the west lot are 18" and 21". We would recommend that a 24 inch culvert be pro- vided at this driveway 314o. The property owner should provide 20 foot vide drainage easements over all wnterways in the subdivision. '.le di:i not complete a hydraulic analysis for the watershed to determine cul- vert Cite. ae •impl;�r obsorved thh existing culverts. If you have anv questions, please contact this office. Yo-1rr fiery truly, RINESTROO, RUSENE, ANDERLIK b ASSOCIATES, IN';. I'lenn R. Cook GRC : 1 i 5374e A RESOLUTION GRANTING PRELIMINARY APPROVAL IF A A PLAT AT 375 LEAF STREOf AND 3300 BAYSIDE ROAD APPLICATION NO. 1442 WHEREAS, The Landschute Group, Inc. (hereinafter "the applicants") on July 27, 1989 filed a formal subdivision application with the City for approval of a two -lot residential plat of property legally described as: All of Lot 12, Auditor's Subdivision Number 203, Hennepin County, Minnesota, EXCEPT that part describ, as follows: Beginning at the southeast corner thereof; thence West along the south line of said Lot 12 a disc- nce of 310 feet; thence North and parallel with the east 1. a of said Lot 12, to the right-of-way line of the Minnesota Western Railroad; thence Southeasterly along the Northerly line of said Lot 12 to the Northeast corner thereof; thence South 80 feet to place of beginning. All of Lot 13, Auditor's Subdivision Number 203, Hennepin County, Minnesota, EXCEPT that part described as follows: Beginning at the Northeast corner thereof; thence West along the North line of said Lot 13 a distance of 310 feet; thence South and parallel with the East line of said Lot 13 a distance of 124.7 feet; thence East and parallel with the North Iine of said Lot 13 a distance of 310 feet; thence North 124.7 feet to place of beginning. All of Lot 18 and the West 121 feet of Lot 16 in Auditor's Subdivision Number 203, Hennepin County, Minnesota (hereinafter "the property") and; WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held a public hearing on August 21, 1989, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meetings held on September 11 and September 25, 1989, the Orono City Council con..idered the subdivision application of The Landschute Group, Inc. noting the following findings of fact: Page 1 of 5 1. The property is located within the LR-lA Single Family Lakeshore Resi.3ential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created 1 at. 2. The property contains a total of approximately 5.82 acres of land. 3. Lot l contains 3.25 total acres of land, of which 2.28 acres of dry buildable land are contiguous with the proposed building site; Lot 2 contains 2.57 total acres of land of which 2.5 acres of dry buildable land are contiguous with the proposed building site. 4. Both Lots 1 and 2 require a variance for lot width at the rear of the 50' front yard setback. Lot 1 contains 121.0 feet in defined width where 200.0 feet in width is required, a variance of 79.0 feet. Lot 2 contains 70.0 feet in defined width where 200.0 feet in width is required, a variance of 130.0 feet. Each lot contains 200 or more feet of width at the proposed house location. 5. Lot 1 will access to Eayside Road (County Road 84) and is subject to a Hennepin. County access permit. Lot 2 will access to Leaf Street and is subject to City approval of the access location. 6. The City will require a 20' wide drainage easement over each of Lots 1 and 2 for the minor creek traversing the lots near their respective road access points. Each driveway -rossing of these drainageways will require installation of a culvert to be approved by the City Engineer. 7. The City wil require a Conservation and Flowage Easement over the designated floodplai:. of "unnamed Tributary to et ebb:, Bay" on Lots 1 and 2. 8. Both Lots 1 and 2 have been demonstrated to contain suitable sites for primary and alternate drainfields to serve the proposed single family residences. 9. Single family residences can be cons'Cructed on both Lots 1 and 2 without the need for further variances. Page 2 of 5 NOW, THEREFORE BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat for The Landschute Group, Inc. at 375 Leaf Street and 3300 Bayside Road per the survey dated July 17, 1987, revised September 21, 1987, revised July 24, 1989 by Theodore D. Remna, Schoell and Madson, Inc. (see Exhibit A attached) subject to the following conditions: 1. A variance will be granted to the 200' lot width standard for Lots 1 and 2. 2. Lot 1 shall access to --zyside Road subject to a Hennepin County access permit. Lc-. 2 shall access to Leaf Street subject to City approval of the access location. 3. A Conservation and Flowage easement document shall be executed for the designated floodplain of "unnamed Tributary to Stubbs Bay" over Lots 1 and 2, and this easement shall be shown on the plat drawings as a drainage easement. 4. No building permits will be issued and no permitted driveway construction or other excavation may be commenced until such time that the primary and alternate drainfield sites have been fenced off to eliminate disturbance of same. (See Exhibit B attached.) 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. 1. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"=200'. Drawing to include: a) Lot lines platted per preliminary survey by Theodore D. Remna dated July 17, 1987, revised September 21, 1987, revised July 24, 1989. b) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. c) Designation and dedication of a 20' drainage easement within each of Lots 1 and 2 near the road access points, and of a drainage easement for the f loodpl ain of the major creek on Lots 1 and 2, ail to be shown as "drainage easements" on the plat. Page 3 of 5 2. LEGAL DOCUMENTS required: a) Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the slat and all other documents affected by such interest. b) The applicant must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed Flowage & Conservation Easement; blank area required description may be filled out as follows "over the drainage easements as shown on the plat of (plat name)". 3. FEES TO BE PAID: Total Due $550.00 a) Park Dedication Fee - 2 new residential lots at 2- acre density = $200.00 per lot. Total $400.00. b) Legal review and filing fees of $150.00. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 25th day of September, 1989. ATTEST: Acting Mayor Dorothy M. Hallin, City Clerk Page 4 of 5 TO: Mayor Grabek and City Council City Administrator Bern'-ardson FROM: Michael P. Gaff ron, Asst Planning & 'Zoning Administrator DATE: September 7, 1989 SUBJECT: #1442 The Landschute Group, Inc., 3300 Bayside Road/375 Leaf Street - Preliminary Subdivision - Resolution Zoning District - LR-lA Single Family Residential 2 Acre Unsewered. Application - 2 lot subdivision of vacant land to create two building sites. List of Exhibits Exhibit A - Planning Commission Action Notice 8/22/89 Exhibit B - Planning Commission Minutes 8/21/89 Exhibit C - Draft Resolution Exhibit D - Memo and Exhibits of 8/17/89 Discussion - Please review the memo and exhibits of 8/17/89. Briefly, this subdivision received previous Council approval in 1987 but was never filed due to the previous applicant's failure to pay the required fees. The prior approval expired on November 9, 1988. The proposal is to split this 5.8 acre parcel into two lots, each exceeding 2 acres in area. Technically, lot width variances are needed for each lot, the hardship being the historic configuration of the property, with 70 feet of frontage on Leaf Street and 121 feet of frontage on Bayside Road. Neighboring property owners have generally expressed opposition to this subdivision, noting concerns about driveway and culvert locations as well as drainage concerns. The City Engineer has reviewed the proposal and has defined the location of the necessary drainage easements to accommodate the two significant drainageways on the property. Neighbors have also requested that trees bordering the property be allowed to remain. Each lot has been shown to have suitable sites for primary and alternate drainfields. Driveways and house sites can be adequately located to avoid conflict with the drainfield sites. The applicant has proposed separate driveway curb cuts for each proposed lo+ Both access locations have adequate sight distance and would n :ause safety problems. Zoning File 11442 September 8, 1989 Page 2 of 2 Planning Commission Recommendation - The Planning Commission voted two in favor, three against on a motion to recommend approval. The Planning Commission members opposed to the subdivision stated the opinion that the subdivision creates two marginal lots but would make one good buildable lot as it now exists. Planning Commission also referred to the need for lot width variances as a justification for denial. Note that when the subdivision was originally reviewed in 1987, Planning Commission at thr.t time voted 4 to 2 for approval, with Council voting 4/0 for approval. Staff Recommendation - Since the need for lot width variances is inherent with the historic shape of this property, that would seem to be a reasonable hardship in staff's opinion for granting of those variances. Although these lots may be somewhat limited due to lot configurations and slopes, each lot contains more than two dry buildable contiguous acres and has met all other standards so that a residence can be constructed without further variances. Staff wo-ild therefore recommend preliminary plat approval per the attached resolution, which is nearly identical to the preliminary plat approval resolution adopted in 1987. Notes Apparently some of the survey stakes placed in 1987 have been removed or disappeared according to the neighboring property owner. Applicant is advised to have them replaced as soon as possible. !?V-I='''rLr ZONING FILE NO. 1442 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 8/22/89 --------------------------------------------------------------------------- TO: The Landschute Group, Inc. COPIES TO: Maurice R, Taylor, II 2222 Platwcod Road 2955 Maplewood Road Minnetonka, MN 55343 Wayzata, MN 55391 TYPE OF APPLICATION: Subdivision ----------------------------------------------------------- DATE OF MEETING: 8/21/89 VOTE: 2 For 3 Against Planning Commission recommends the following: Denial for reasons noted below NOTES AND SPECIAL CONDITIONS: (Motion to approve failed on a vote of 2-3; no further motions were forthcoming.) Members of the Planning Commission voting against the proposal noted the need for variances for lot width for each lot; also expressing an opinion that this subdivision creates two marginal lots but would make one good buildable lot as it now exists. Applicant's next scheduled meeting is confirmed as: City Council Monday, September 11, 1989; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 21, 1989 ZONING PILE #1428-OTTEN CONTINUED follows; 1. Rezoning to PUD within Comprehensive Plan Amendment 2 2. Vacation of Pine Ridge Lane 3. A 6' height variance 4. A temporary access off of Highway 12, a "right -in" only with adequate signage. 5. Construction of the berm with plantings 6. Commercial Site Plan 7. Preliminary Subdivision 8. Utility and Drainage Easements 9. Retention Pond 10. Landscape plan Chairman Kelley asked Mr. Otten :chat days and hours of the day his business would be in operr.tion. Mr. Otten replied L:iat the business is open 7 days per week from Easter to Christmas from daylight to dark. Kelley also asked about security lighting. Mr. Otten said t}.at he had not determined to what degree he would need such lighting. N_abusth suggested that Mr. Otten include that information should be shown on the final lighting plan. Planning Commissioner Johnson asked the applicant when he intended to begin construction? Mr. Otten said that he would begin in the fall. Johnson suggested that the access off of Highway i2 be subject to approval by MNDOT. Kelly agreed to amend his motion to reflect thLt; Cohen seconded. Motion, Ayes-5, Nays-0, Motion passed. #1431 LUCIA MORISON 1540 FOX STREET PRELIMINARY SUBDIVISIOW CLASS II FORMALLY WITEDRANN PUBLIC HEARISG Prior to.this meeting, the application #1431 be withdrawn. 91442 THE; LANDSCHUTE GROUP, INC. 3300 BAYSIDE ROAD/375 LEAF STREET PRffiSMZ�IARZ SUBDIVISION CLASS II PUBLIC HFARING 8:30 P.M. TO 8:40 P.M. \ The Affidavit of Publication and applicant had requested that dulv--xQted. tificate of Mailing were Mr. Munsing was present for this matter. 3 MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 21, 1989 ZONING FILE #1442-LANDSCHUTE GROUP, INC. CONTINUED Assistarr. Planning and Zoning Administrator Gaffron explained that this matter had previously been before the Planning Commission. There have been no changes to that original proposal. Each of the 2 lots will have 2 acres and the drainfield sites have been dedicated. Each lot will be served by a separate driveway. Lot 2 will have a driveway off of Leaf Street, Lot 2 will have an access off of Bayside. Mr. Henry Furchner, 360 Leaf Street, expressed his concern regarding the driveway being installed off of Leaf Street due to the normally wet, marshy conditions that exist in that area. Ms. Sue Olson, 3280 Bayside Road, questioned where tze house and driveway for the lot on Bayside Road would be located. Gaffron said that the driveway had to go to the west of the defined drainfield site. He said that the applicant was proposing to locate the driveway next to the Olson's driveway. Ms. Olson indicated that she would prefer to have the driveway more centrally located. Gaffron showed Ms. Olson where the house was proposed to be located. Ms. Jane Behrman, 340 Leaf Street, asked where the existing house on Leaf Street was located? Gaffron indicated that there were several houses on Leaf Street. Ms. Behrman asked whether the proposed lots would be sewered? Gaffron said that the proposal was for septic systems for both lots. Mr. Olson questioned what type of houses the applicant intended to build? He said that he preferred not to have enormous homes built. Mr. Munsing replied that custom homes ranging in price between $300,000 to $400,000 would be built. Gaffron noted that there would be need for a culvert and a drainage easement would be taken. There were no further comments from the public regarding this matter and the public hearing was closed. Planning Commissioner Bellows indicated that she had not been in favor of this subdivision when previously presented and that opinion had not changed. Planning Commissioner Hanson said that this was not his "favorite" subdivision, but he did not see any reason why it should be denied. Bellows noted that the City prefers not to create flag lots at all and this application would create two. Bellows questioned the buildability of the land and whether it would support two houses. It was moved by Planning Commissioner Johnson, seconded by Planning Commissioner Hanson, to recommend approval of this application for a preliminary subdivision. Motion, Ayes=2, Cohen, Kelley, Bellows, Nay, Motion failed. 4 A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A A PLAT AT 375 LEAP STREET AND 3300 BAYSIDE ROAD APPLICATION NO. 144.2 WHEREAS, The Landschute Group. Inc. (Hereinafter "the applicants") on July 27, 1989 filed a foc=al subdivision application with the City for approval of a two -lot residential plat of property legally described as: All of Lot 12, Auditor's Subdivision Number 203, Hennepin County, Minnesota, EXCEPT that part described as follows: Beginning at the southeast corner thereof; thence West along the south line of said Lot 12 a distance of 310 feet; thenc.s North and parallel with the east line of said Lot 12, to the right-of-way line of the Minnesota Western Railroad; thence Southeasterly along the Northerly )ine of said Lot 12 to the Ncrtheast corner thereof; thei.ce Sc:lith 80 feet to place of beginning. All of Lot 13, Auditor's Subdivision Number 203, Hennepin County, Minnesota, EXCEPT that part described as follows: Beginning at the Northeast corner thereof; thence West along the North line of said Lot 13 a distance of 310 feet; thence South and parallel with the East line of said Lot 13 a distance of 124.7 feet; thence East and parallel with the North line of said Lot 13 a distance of 310 feet; thence North 124.7 feet to place of beginning. All of Lot 18 and the West 121 feet of Lot 16 in Auditor's Subdivision Number 203, Hennepin County, Minnesota (hereinafter "the property") and; WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held a public hearing on August 21, 1989, at whicr, time all persons , -tsiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on September 11, 1989, the Orono City Council considered the subdivision application of The Landschute Group, Inc, noting the following findings of fact: Page 1 of 5 1. The property is located within the LR-lA Single Family Lakeshore Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 5.82 acres of land. 3. Lot 1 contains 3.25 total acres of land, of which 2.28 acres of dry buildable land are contiguous with the proposed building site; Lot 2 contains 2.57 total acres of land of which 2.5 acres of dry buildable land are contiguous with the proposed building site. 4. Both Lots 1 and 2 require a variance for lot width at the rear of the 50' f rcnt yard setback. Lot 1 contains 121.0 feet in nefined width where 200.0 feet i,, width is required, a variance vf 79.0 feet. Lot 2 contains 70.0 feet in defined width where 200.0 feet in width is required, a variance of 130.0 feet. Each lot contains 200 or more feet of width at the pinpo-ed house location. 5. Lot 1 will acce,3s to Bayside Road (County Road 84) and is subject to a Hennepin County access permit. Lot 2 dill access to Leaf Street and is subject to City approval of access location. 6. The City will require a 20' wide drainage easement over each of Lots 1 and 2 for the minor creek traversing the lots near their respective road access points. Each driveway crossing of these drainageways will require installation of a culvert to bD approved by the City Engineer. 7. The City wil require a Conservation and Flowage Easement over the designated floodplain of "unnamed Tributary to Stubbs Bay" on Lots 1 and 2. 8. Both Lots 1 and 2 have been demonstrated to contain suitable sites for primary and alternate drainfiel.ds to serve the proposed single family residences. 9. Single family residences can be constructed on both Lots 1 and 2 without the need for further variances. Page 2 of 5 NOW, THEREFORE BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat for The Landschute Group, Inc. at 375 T,eaf Street and 3300 Bayside Road per the survey dated July 17, 1987, revised September 21, 1987, revised July 24, 1989 by Theodore D. Remna, Schoell and Madson, Inc. (see Exhibit A attached) subject to the following conditions: 1. A variance will be granted to the 200' lot width standard f or Lots 1 and 2. 2. Lot 1 shall access to Bayside Road subject to a Hennepin County access permit. Lot 2 shall access to Leaf Street subject to City approval of the access location. 3. A Conservation and Flowage easement document shall be executed for the designated floodplain of "unnamed Tributary to Stubbs Bay" over Lots 1 and 2, and this easement shall be shown on the plat drawings as a drainage easement. 4. No building permits will be issued and no permitted driveway construction or other excavation may be commenced until such time that the primary and alternate drainfield sites have been fenced off to eliminate disturbance of same. (See Exhibit B attached.) 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 cf the month. 1. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"=200'. Drawing to include: a) Lot lines platted per preliminary survey by Theodore D. Remna dated July 17, 1987, revised September 21, 1987, revised July 24, 1989. b) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. c) Designation and dedication of a 20' drainage easement within each of Lots 1 and 2 near the road access points, and of a drainage easement for the f loodplain of the major creek on Lots 1 and 2, all to be shown as "drainage easements" on the plat. Page 3 of 5 2. LEGAL DOCUMENTS required: a) Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b) The applicant must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed Flowage & Conservation Easement; blank area required description may be .11jed out as follows "over the drainage easements as ;)iown on the plat of (plat name)". 3. FEES TO BE PAID: Total Due $550.00 a) Park Dedication Fee - 2 new residential lots at 2- acre density = $200.00 per lot. Total $400.00. b) Legal review and filing fees of $150.00. .Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this llth day of September, 1989. James R. Grabek, Mayor ATTEST: Dorothy M. Hallin, City C1.3rTc — Page 4 of 5 To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: August 17, 1989 Subject: 01442 The Landschute Inc, 3300 Bayside Rd/375 Leaf St Preliminary Subdivision - Public Hearing Zoning District - LR-lA, Single family lakeshore residential, 2 acre, unsewered Application - 2-lot subdivision of vacant land to create 2 building sites. Note: this proposed subdivision received previous Planning Commission and Council approval in 1987 but was never filed due to the previous applicant's failure to pay the required fees. The prior approval expired on November 9, 1988. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey/Site Plan Exhibit E - Documentation from Previous Approval 1. Staff Memos 2. Planning Commission & Council Minutes 3. Preliminary Plat Resolution #2269 4. Final Plat Resolution #2420 Pertinent Facty - 1. LOT 1 LOT 2 TOZAL Dry Buildable 2.28 ac. 2.50 ac. 4.78 Wetland/Drainageway 0.97 ac. 0.07 ac:. 1.04 ac. Total --------- 3.25 ac. --------- 2.57 ac. --------- 5.82 ac. 2. Each lot has been shown to contain a feasible building site exclusive of primary and alternative drainfield sites with proper setbacks. 3. Proposed Lot 1 will be served by a separate driveway from Bayside Road. That driveway is configured to as to avoid conflict with proposed drainfield sites. Proposed Lot 2 will be served by a separate driveway from Leaf Street, also placed to avoid the drainfield sit s. Note that a share. driveway situation would require a 'airly long easement through either one of the properties. Sight distance is adequate at both locations, hence access safety is not a concern. This plat was previously approved with these separate accesses. Zoning File #1442 August 17, 1989 Page 2 of 2 4. A major creek runs through the northwest portion of the property. The creek and its defined flood plain would be covered under a Conservation and Flowage Easement shown as "proposed drainage easement" on the survey. No construction would be allowed within 26' of the easement boundaries. 5. Both Lots 1 and 2 require a variance for lot width at the rear of the 50' front yard setback. Lot 1 is 121' wide, Lot 2 is 70' wide, both requiring 200' in width. Each lot contains 2001+ of width at the proposed house location. Discussion - This plat re Council approval on May 9, 1988 per the final plat appro% asolution attached. The preliminary plat approval resoliltion is ..iso att.-%ched for your review. Staff has carefully compared the current site plan proposal against that which was originally approved, and finds no changes whatsoever. Except for the noted variances, which are due to the existing property configuration, all other requirements for subdivision appear to be satisfied. The Planning Commission originally reviewed this subdivision in July and August 1987 and recommended on a vote of 4-2 to approve. Minutes of those meetings are attached for your review. Staff Recommendation - Staff again recommends preliminary plat approval per the findings and conditions outlined in Resolution #2269 (deadline dates will be updated). � S•'A?� CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY Site Addr Receipt - 1 Property Identification Number (P.I.D. ) D! • //7. 23./Y • o0047/ Please check one - Property abstract or torrens? ' lr r!G"YL� Attach legal description to application. Fc APPLICANT ------- ------------------------Phone ( home ) .SAS (�3_ ---- a, - -, All L . Y �• j Phone ( work ) S e / Name 72 aozd cln. �-fio c9►=we Address 2?Z22 City: Zip -33----- ----------------------------------------------------- OwvER (if different than applicant) Phone (home) Name Ra4. 0riC. ?FL44 /&r-I Phone (work) z�7'1/ 023� Address: 29SS /p�c�ooa/ �c�_ City: Zip: �534 (attach list if m re than one) -------------------------------------------------------------- EXISTING LAND USE Number of Tax Parcels Development Size y,7_ Acres Dry Land Oak Acres Wet Land Acres Total, all parcels Present Use (check) Residential; no. of units - Other ( specify ) yQC 421(:: / Present Zoning District 4g•/& ----------------------------------------------------------- PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Buildinq Sites: / Existing Units New Units 2 Total Units Proposed Gross Density: Units per Z.9 Acres Minimum Lot Size: Sq Feet Dry Buildable Land Proposed Use: (check) Residential Other (specify) MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Completed Application Form 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 4. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature Date --------------------------------------------------------------------------- 1. Payment of fees (park fees, filing fee, sewer and water assessments). 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete. Zoning Official's Signature Date ------------- ------------------------------------------------------------- FEES Sketch Plan Review (Class I, II & III) $150.00 Preliminary Review (Class I & II Subdivision) 250.00 Preliminary Review (Class III and all non-residential) 300.00 + 20.00/Lot Final Plat Review (Class III) 150.00* *(Plus any legal or engineering charges) ----------------------------------------------------------------- The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant's Signature Date Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend heduled meeting, please make arrangements to have an authorized agent in your place and to advise the Building & Zoning Office of this c:. ►-ior to the meeting. 11,7 R414f �• �� nn xWp!��:.aor..i: it;ir,t.:.: }• . i f/w/,','!) ti +i _ PLACE F .. _ F i. ro w �� a• IL�,�'.. - � � t CYGNET c. zn lit b in.v (u) 5f �,,+ , • z _ F 3 t/jr",,` y 13 ZM 178 Its (7) 16 Af IS `•`. • Wit_ r ILU1. _o. dna'AXIS*) , 1sr y ifiif 117 ff4L! O\ j ,,21 ' s� - +BAVSI©E •—RIT=... .., �60 RO -- NO. 9 �'�-- yam✓ S. No zis� 2L2Z� ! 2I0 i S. �TfELow a' Y• R R. FIE `�`r '4 _ : Y SURVEYOI �,, .. ter— L I:.+ �t► -, =- - iNJRd w: a 21V p nil i Z App - r0i1 ....• ai._ ;�+ ♦s�?s Z s ,rr 386 z? ^,�� rr,.t-;,resins . ..•�2 c::•:�. •--� _,-i;: � / '� u' `0 5 SIT 3 0 n ' 7 I M1 s 0 fill r (�^•If•-1 M?i+C!'-••?'�, pt`r_r!•1•r,.• �.:G!��g•+-••ia ( �•. �irr..+- .i; {Ir,. :�..... 3.::--.. �. .: 1. • • .-•��I N.i., t_. �. �l li. _-:�Ji.•,'3�!��.�/ !}f•�• M. �. �Ir•L:•% f RUN DATE 07/26/89 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 'm. PROPERTY OWNERS LIST PAGE 23 BATCH 007 38 04-117-23 23 0004 lift PROP ADDR 00370 LEAF ST OMER NAME L P STEWART A R M STEWART TAXPAYER LOGAN P A ROBYN M STEWART NAME/ADDR 370 LEAF ST S 1 LONG LAKE MN 55356 ^f¢r 38 04-117-23 23 0007 PROP ADDR 00398 LEAF ST OWNER NAME KATHRYN A ANDERSON TAXPAYER KATHRYN A ANDERSON NAME/ADDR 398 LEAF ST LONG LAKE MN 55356 38 04-117-23 23 0010 PROP ADDR 00400 LEAF ST OWNER NAME E T A S A HILLMAN TAXPAYER TIMOTHY HILLMAN NAME/ADDR 400 LEAF ST LONG LAKE HN 55356 38 05-117-23 14 0001 PROP ADDR 00285 LEAF ST OWNER NAME LEE E SCHACHT TAXPAYER LEE E SCHACHT NAME/ADDR 285 LEAF ST LONG LAKE MN 55356 38 05-117-23 14 0004 It PROP ADDR 00375 LEAF ST OWNER NAME M A C TAYLOR II TAXPAYER MAURICE R TAYLOR NAME/ADDR 2955 MAPLEWOOD RD WAYZATA MN SS391 38 05-117-23 14 0007 PROP ADDR 03200 BAYSIDE RD OWNER MAHE R A T MINKEMA TAXPAYER ROBERT L A TERESA M MINKEMA arNAME/ADDR 3200 BAYSIDE RD WA LONG LAKE HN 55356 38 04-117-23 23 0005 00370 LEAF ST L P STEWART A R M STEWART LOGAN P A ROBYN M STE14ART 370 LEAF ST L014G LAKE HN 55356 38 04-117-23 23 0008 00340 LEAF ST L M BEHRMAN A JANE E BEHRMAN LEIGH 11 A JANE E BEHRMAN 340 LEAF ST LONG LAKE MN 55356 38 04-117-23 23 0021 03180 RIDGEWOOD CIR WILLIAM D LEVERING 11R WILLIAM D LEVERING 3180 RIDGEWOOD CIR LONG LAKE HH 55356 38 05-117-23 14 0002 00265 LEAF ST HARLAN STOCKTON HARLAN STOCKTON 265 LEAF ST LONG LAKE HN 55356 38 05-117-23 14 0005 03280 BAYSIDE RD D J NYHAMMER A S G OLSEN DALE J NYHA11MER/SUSAN OLSEN 3280 BAYSIDE RD LONG LAKE PVI 55356 38 05-117-23 14 0008 03310 BAYSIDE RD J W WOJCIK A K L WOJCIK JOIIN W WOJCIK A KIT L WOJCIK 3310 BAYSIDE RD LAKE LAKE MN 55356 38 04-117-23 Z3 0006 00038 ADDRESS UNASSIGNED L P STEWART A R M STEWART LOGAN P A ROBYN M STEWART 370 LEAF ST ORONO 1V4 55356 38 04-117-23 23 0009 00360 LEAF ST II C FURCHNER JR ETAL IIE14RY FURCHNER 360 LEAF ST LONG LAKE MN 55356 38 05-117-23 11 0005 00095 LEAF ST E C GRAHAM JR ETAL E C GRAHAM JR 95 LEAF ST LONG LAKE MN 55356 38 05-117-23 14 0003 00345 LEAF ST THOMAS H MEYERS IHOMAS MEYERS RT 1 BOX 493 LONG LAKE MN 55356 38 OS-117-23 14 0006 03240 BAYSIDE RD D A B BOYLAN DONALD K BOYLAN 3240 BAYSIDE RD LONG LAKE fiN 55356 38 05-117-23 14 0009 00270 CRESTVIEW AVE DOUGLAS L NASH ET AL DOUGLAS A SHIRLEY NASH 270 CRESTVIEW AVE L017G LAKE MN 55356 4: RUN DATE 17/26/89 BATCH 007 31; 05-117-23 14 0010 PROP ADDR 00038 ADDRESS UNASSIGNED OWNER NAME COUGLAS L NASH ET AL TAXPAYER DOUGLAS A SHIRLEY NASH NAME/ADDR 270 CRESTVIEW AVE LONG LAKE MN 55356 ,� 38 05-117-23 14 0018 PROP ADDR OD290 CRESTVIEW AVE OWNER NAME B A D YOUNG TAXPAYER PATTY L CLAPP NAME/ADDR 290 CRESTVIEW AVE w LONG LAKE MN 55356 38 05-117-23 14 0024 PROP ADOR 00285 CRESTVIEW AVE OWNER NAME RUSSELL ANDERSON TAXPAYER RUSSELL ANDERSON NAME/ADDR 285 CRESTVIEW AVE LONG LAKE MN 55356 ab 38 05-117-23 14 0027 PROP ADDR 00280 TONKA AVE lt OWNER NAME 0 A D QUNELL TAXPAYER DEAN R A DORIAf1N D QUNELL NAME/ADDR 280 TON(A AVE LONG LAKE MN 55356 Ask 38 05-117-23 14 0033 PROP ADOR 00038 ADDRESS UNASSIGNED OWNER NAME BERT L ADDISON ETAL TAXPAYER MRS A L ADDISON NAME/ADDR 3382 BAYSIDE RD LONG LAKE fN 55356 38 05-117-23 14 0036 PROP ADDR 00038 ADDRESS UNASSIGNED OWNER NAME ESTHER M ADDISON TAXPAYER MRS A L ADDISON NAME/ADDR 3382 BAYSIDE RD ' LONG LAKE tirl 55356 HENNEPIN COL4TY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 05-117-23 14 0011 00038 ADDRESS UNASSIGNED DOUGLAS L NASH ET AL DOUGLAS A SHIRLEY NASli 270 CRESTVIEW AVE LONG LAKE HN 55356 38 05-117-23 14 0022 CO265 CRESTVIEW AVE JOIIN E WINTER JOIIN E WINTER 265 CRESTVIEW AVE LONG LAKE fill 55356 38 05-117-23 14 0025 0028S CRESTVIEW AVE C MOSLEY JR A S M MOSLEY CURTIS JR A SHA114ON MiOSLEY 285 CRESTVIEW AVE LONG LAKE MN 55356 38 05-117-23 14 0030 00315 CRL.:TVIEW AVE J01111 L SHANf10N ET AL SI: Al V40A/NAt lK I V E L L 315 CRESTVIEW AVE LCt1G LAKE 114 55356 38 05-117-23 14 0034 00036 ADDRESS UNASSIGNED ESTHER M ADDISON MRS A L ADDISON 3382 BAYSIDE RD LONG LAKE M11 55356 38 05-117-23 14 0037 00038 ADDRESS UNASSIGNED ESTHER M ADDISON MRS A L ADDISON 3382 EAYSIDE RD LONG LAKE fN 55356 REPORT NO. D1435401 PAGE 24 38 05-117-23 14 0017 00038 ADDRESS UNASSIGNED DOUGLAS L NASH ET AL DOUGLAS A SHIRLEY NASH 270 CRESTVIEW AVE LONG LAKE MJ 55356 38 05-117-23 14 0023 00275 CRESTVIEW AVE HAROLC R HANSON ETAL HAROLC R HANSON 275 CRESTVIEW AVE LONG LAKE MN 55356 38 05-117-23 14 0026 00280 TOtAA AVE D A 0 QUIJELL DEAN R A DORIAt1f1 D WIELL 280 T.ONKA AVE LONG LAKE MN 55356 38 05-117-23 14 0031 00325 CRESTVIEW AVE WILLIAft L SULLIVAN WILLIAH L SULLIVAN 325 CRESTVIEW LANE LONG LAKE MN 55356 38 05-117-23 14 0035 \ 03382 BAYSIDE RD A L ADDISON ETAL MRS A L ADDISON - 3302 SAYSIOE RD Ir LOf1G LAKE MN 55356 J 36 05-117-23 14 0039 00340 TONKA AVE KENNETH M DOLLUti BRAD 0 PETERSON 340 T0fIKA AVE LONG LAME Miff 55356 JV RUN CATE 07/26/89 r� BATCH 007 38 05-117-23 14 0040 4 PROP LDOR 00330 TONKA AVE OWNER NAME L L ANDERSON d S A ANDERSON TAXPA(ER LEWIS L S SUSAN A ANCERSON NAME.IADCR 5000 NORTH ARM OR MOUNO MN 55364 ^ 38 05-117-23 14 0043 PROP t,DDR 00300 CRESTVIEW AVE OWNER NAME STEVEN R BEYER TAXPANER STEVEN R BEYER NAME/ADDR 300 CRESTVIEW AVE S LONG LAKE MN 55356 .;; 38 05-117-23 14 0052 PROP ADDR 03390 BAYSIDE RD OMIER 4AME NOBT N i BARBARA HUGE- ET AL . TAXPAY_R ROBERT A BARBARA HUBER NAME/ADDR 3390 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 14 0057 PROP ADDR 00350 CRESTVIEW AVE OWNER NAME ROSE M MADDEN TAXPAYER ROSE M MADDEN NAME/kDDR 350 CRESTVIEW AVE LONG LAKE MN 55356 38 05-117-23 41 0018 y". PROP ADDR 03211 BAYSIDE RD OWNER NkME A J ROBBINS A T L ROBBINS TAXPAYEi ARNOLD J ROBBINS NAME/ADDR 3211 BAYSIDE RD LONG LAKE MN 55356 on PROP ADDR OWNER NIIHE TAXPAYEP TOTAL BATCH 007 )0051 NAME/AE'DR ,y. HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OABJERS LIST 38 05-117-23 14 0041 00320 TONKA AVE L L ANDERSON E S A ANDERSON LEWIS L d SUSAN A ANDERSON 5000 NORTH ARM OR MOUND MN 55364 38 05-117-23 14 0047 03332 BAYSIDE RD INFO RESEARCH ASSOC INC INFO RESEARCH ASSOC INC PO 8152 ROSEVILLE MN 55113 38 05-117-23 14 C055 00240 CRESTVIEII AVE LUCILLE H MELBY LUCILLE H MELBY 240 CRESTVIEW AVE LONG LAKE 1111 55356 36 05-117-23 41 0016 00400 OXFORD RD J C DEMEO d M V DE14E0 JOSEPH C R VICTORIA DEMEO 400 OXFORD RD LONG LAKE MN 55356 38 05-117-23 41 0022 00405 OXFORD RD F DE104ISON SHAM JR ETAL F DEPI141S01J JR 6 JANET S11AH 405 OXFORD ROAD LONG LAKE MN 55356 REPORT NO. PI435401 PAGE 25 r 38 05-117-23 14 0042 00300 TONKA AVE JAMES L PATRIN JAIIES L PATRIN 73 W GEORGE ST PAUL I-VJ SS107 38 05-117-23 14 0048 03348 BAYSIDE RD HARRIET HEIIL HARRIET A MEHL 3348 BAYSIDE RD ROUTE 1 LONG LAKE MN 55356 38 05-117-23 14 0056 00320 CRESTVIEW AVE JOHN F LEHHEYER JOHN F LEHHEYER 320 CRESTVIEW AVE LONG LAKE MIJ 55356 38 05-117-23 41 0017 03225 DAYSIDE RD R D d V 0 SbELDON RONALD B SHELDON PO BOX 61 LONG LAKE MN 55356 38 05-117-23 41 0023 00425 OXFORD RD R L KELLY & G C KELLY RICHARD L E GAY C KELLY 400 OXFORD RD LONG LAKE 1-24 55356 TO: Mayor Grabek Orono Council Members City Administrator Bernhardson FROM: Mich.2pl P. Gaffron, Assistant Panning & Zoning Administrator DATE: September 22, 1987 SUBJ: 01174 Craig Anderson, 375 Leaf Street/3300 Bayside Road - Preliminary Subdivision - Resolution Application - 2 Lot Plat of 5.8 Acre Parcel Zoning District - LR-lA, 2 Acre unsewered List of Exhibits - A - Preliminary Plat drawing dated 9/21/87 revised B - Preliminary Plat approval resolution C - Planning Commission Action Notice 8-19-87 n - rlanning Commission Minutes 8-17-87 E - Memo 6 Exhibits 8-14-87 Pertinent Pacts - Total Area: 5.8163 acres Lot 1: 2.28 acres contiguous Lot 2: 2.50 acres contiguous dry buildable dry bu ldable -Drainfield sites have been tested and approved for each lot. Building envelopes showing required setbacks indicate that residences can be developed on F71ch lot without conflicting with septic sites. -Lot 1 will access to Bayside Road, subject to Hennepin County access permit. Lot 2 will access to Leaf Street. Both driveways are located with adequat-- sight distances and will avoid septic site conflicts. A 24" culvert will be required at the minor creek near each driveway access point. -Applicant will grant a conservation and flowage easement over the designated floodplain for the major creek. The preliminary plat drawii.g designates the additional utility and drainage easements as required. -The unique shape and topography of the property suggest that it is appropriate to grant variances to 'lot width �•t the 50' setback line' for Pach lot: Lot 1 - 200' required, 121' existing; 70' var•,.nce Lot 2 - 200' required, 70' existing; 130' variance Zoning File 01174 September 22, 1987 Pave 2 of 2 Planning Commission Recommendation - Planning Commission on 8-17-87 veted 4-2 to recnonmend approval subject to minor revisions of the interior lot line location to give Lot 1 a more useable building envelope, and subject to showing additional driveway, septic, and setback detail on the preliminary plat drawing, all of which have been completed. The minority Planning Commission opinion was that the lot configuration and topography would create `oo many problems for these 'flag' lots. Staff Recommendation - Staff finds that all conditions and concerns for preliminary plat approval have been satisfactorily addressed. Each lot appears to be quite suitable for development of an unsewered residence. Staff recommends approval per the attached Resolution of Preliminary Plat Approval. 7.ONING PILE NO. 1174 .ATY OF ORONO NOTICE OF PLANNING COMMISSION ACTION 0. Box 66 ry!tal Bay, MN 55323 473-7357 Date of Notice: 8/I9/87 ----------------------------------------------------------------- TO: Craig Anderson COPIES TO: 1565 Orono Oaks Drive bong Fake, :.N 55356 --------------------------------------------------------------- ----------- TYPE OF APPLICATION: YX Subdivision --------------------------------------------------------------- ----------- DATE OF MEETING: 8-17-87 VOTE: 4 For 2 Against Manning Ccmmission recomends the following: XX Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1. Surveyed locations of all perc test and boring holes shall be added to the preliminary plat drawings prior to preliminary plat review by the City Council. Staff to verify that the tested sites have been revised and shown correctly for future reference. 2. Roth driveways shall he re -defined per staff sketch to avoid septic sites. 3. Building envelopes that protect the established septic sites shall he shown on the preliminary plat drawings for future reference. 4. The interior 1 of 1 ine sha 1 1 be moved easterly as shown on staff sketch and shown on the preliminary plat drawing. 5. Subject to drainage and utility easements, drainageway easements and floodplain drainageway easements as shown on the preliminary plat 'rawing. A conservation and flowage easement shall be granted over the flood plain drainaaeway. 6. t'uhject to pavment of park fees per current fee schedule of $200 for each new 2-acre lot. Total park fee = $400. (To be paid if ter nrPliminnry plat approval by Council) 7. Access location onto Leaf Street to be approved by Public works Department prior to driveway construction. 24" culvert required for crossing the drainageway. 8. Access locatic , onto Rayside Road (County Road 84) to be subject to Hennepin rep --!nt of Transportation approval. 24" culvert requir-d for drain:,.,,way crossing. 9. variances are granted for lot width at 50' setback: t.ot. 1 - 200' required, 121, existing; 79' variance Lot 2 - 200' required, 70' existing; 130' variance Items 1 thru 4 must be completed and a revised preliminary plat submitted for staff review prior to this item being scheduled for Council review. Applicant's next scheduled meeting is dependent upon receipt of this additional information. Deadline for the September 14th meeting is September 4th, or September 18th for the September 28th meeting. In all cases, the application must be continued with the submittal of requested information within 90 days or the City will consider the application as formally withdrawn. If the applicant has trouble obtaining additional information, please contact the Zoning Department (473-7357). If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning r-+mmission. MINUTES OP TBE pLANNING COMMISSION MEETING 8E1D AUGUST 17, 1987 01172 BECK CONTINUED placed 27 feet from the lakeshore. The deck pill replace the existing cement stairs paved stepp patio and storage structure located within 75 feet of the lakeshore. The total hardcover to be removed is 509.5 s.f. 1. ..,viding a final reduction of 55.1 s.f. or .5%. She also noted that wetland areas are credited against the hardcover, almost half of the property consists of wetlands. The existing steps and patio are 34' from the lakeshore, and the proposed deck is 27' from the lakeshore. James Beck explained that the deck is designed to provide a safe and e. A ly negotiated access for elderly individuals, which replaces the old patio. There were no comments from the public regarding this matter and the public hearing was closed. it was moved by Cohen, seconded by Chairman Kelley, to recommend approval of the variances per staff recommendation. Motion, Ayes 6, Nays O. t1174 CRAIG K. ANDERSON '375 IMF STREET/3300 BAYSIDE SUBDIVISIOR SECOND REVIEW Craig Anderson was present for this matter. ROAD Assistant Zoning Administrator Gaffron reviewed the preliminary plat drawing submitted by applicant and reviewed the staff sketch recommending to adjust the proposed property line to provide a larger building envelope to- Lot 1 due to the steep slopes in Lot 1. Variances Z. a needed for lot width at 50' setback for both lots. Craig Anderson was agrees?_e to staff's recommended lot line change. There were no comments f; c+a the public regarding this matter. Bellows atated that alt.i.:•.:gh the proposed subdivisic- technically was allowed, --:.e felt it was bad planning to create two flag lots wt. '. would present many problems. She felt the lot would �3� r:,propriate for one house, but would not support .!:t: flag lot subdivison. In response to the questi7- ^_r how this parcel of land's configuration came abcut, 1sr scant Zoning Administrator Gaffron stated that the entire parcel was subdivided it left th?.s tie lnt with two rectangular 5 MINUT•,.S OF THE PLANNING COMMISSION MEETING SRLD AUGUST 17, 1987 11174 ANDERSON CONTINUED lots for access on Bayside Road and Leaf Street. I It was noted that mound systems would be required for both primary and alternative septic sites. It was moved by Johnson, seconded by Chairman Kelley, to recommend approval of the preliminary plat per staff recommendation. Motion, Ayes 4, Nays 2. Bellows and Cohen voted nay. Motion carried. 11177 TODD WATERS 3061 CASCO POINT ROAD APTSR-TBE-tt,,CT CONDITIONAL USE PERMIT/VARIANCE PUBLIC BEA UN9 8:17-8:52 The Affidavit of Publication and Certificate of Mailing was noted. Present for this matter were Todd Waters and Dori Molitor and their Planning Consultant Greg Kopischke. Todd Waters addressed the mist and misconceptions made that led to the need for afte--the-fact conditional use permit/variance. He stated that he never intended to mislead the City regarding his project. Chairman -elley stated that at this point Planning Commissiuh should not point blame, but concentrate on the alternatives to solving these problems. Zoning Administrator Mabusth explained that on May 21, 1987 Council approved variances to the average lakeshore setback for construction c:f a new residence. Neither staff, Planning Commission or Council realised that the one third of the lakeside cf the structure was to be a walkout requiring additional excavation and encroachment into the lakeshore protect-d areas. The major issue is that the excavation inva:.ves major land alterations involving change+ in exit:^; drainage and alteration of the lakeshore bank thnc clearly were not required because of the walkout. he underground tile that carried drainage from r:o :ear to the lakeshore was removed and a swa le alone; '-he north side of the house was installed to maintain rinoff from 5+ acre watershed to east or rear of propert;. Drainage did not drained to the rear basin as original'_ assumed but drained through Water's and neighbors tie north drainage tiles directly to lake. Greg Kopischke submi'.%ot., ahotos of the original lakeshore yard and the -:' condition. He explained the drainage problems tl-,- ,:!-:sted on the property and the proposed plan to so1•re t ;c problems. To: Planning Ccmmis.sion Chairman Kellccy Orono Planning Commission Members City Administrator Rernhardson From: Michael P. Caffron, Asst Planning 6 -oning Administrator Hite: Auqust 14, 19H7 Suhject: 11174 Craiq Andersen, 375 Leaf Street/3300 Dayside Road - Prelimin.iry Plat - Sr-cond Review rast of Exhibits Exhibit A - Revised Preliminary Plat Drawing Exhibit B - Sketch With Staff Recommendations Exhibit C - Memo & Exhibits of 7/15/87 Exhibit D - Planning Commission Minutes of 7/20/87 Discussion - Applicant has provided a relatively complete preliminary plat drawing as of 8/14/87. Proposed dimensions, house sites, septic sites, and driveway locations are shown. The appropriate easements for floodplain, drainageways, and drainage and utilities along lot lines, have been shown. Site Planning - necause this is a very unique property, it is appropriate to address individual site planning during this subdivision review, although in most othor relatively simple plats we would not be as concerned with house and drivcwiy locations. r,ot i - Is the most critical because it contains some unusually steep and a major drainagew-y. The two septic sites as shown on the -to!'f sketch are acceptable and functional, and will not affect any -inhhorinq wells. Neither site will be affected by driveway location, all­hmunh staff suq(7ests that the driveway continue to the house site dirr,ctly north of septic site 2 instead of swinging easterly towards septic si,... i -e staff sketch). 11rdor the applicant's, proposed configuration, the house site is very 1 imi • #-ci by septic to the south, the new lot line to the north-east, and the -mhankment on the northwest. Staff would suggest that the lot line mov ^.1stnrly as shown, leaving approximately 2.3 buildable acres in Lot 1 mn,' huildablA acres in Lot 2. This will give much more flexibility in hn•.,--o rlare!ment on Lot 1 in consideration of the 30' required side setback, hu' •mill not appreciably affect th^ buildability of Lot 2. Contain:: a suh!;t,tntialI inure i'Iexibie huil(linn site, not a4 r • :r t c t , ,I t,.' :; l ope Conn i df-1 .,t i r.n :. Twc, :rl,t i r• ni tf- r. ar- shown ar. r I ,,rri na, which I !,e I ieve i rep, esentat ion of what the site �•.i 1t:ato- intended. On f'hn staf! n-t that for Lot 7., Septic site 1 b:.1n-,`stnd orininil ly and w.l^. suitioil- !or a mclund. Site 2A was originally tested and nt•eded a mot;nd, out was in a swa'e area, and the intent was to ,nc•ve it northerly out of the swa 1 -•. There is a 1 so a good potential to locate another site just west of site 1, but this would have a more restrictina effect on the possible house locations. Again, neither septic Sites 1 and 2. will be affected by driveways IP the driveway is revised per the staff s':etch. Staff Recow ndation - Staff recommends approval of the plat subject to the following conditions and revisions: 1. Surveyed locations of all pert test and boring holes shall be added to the preliminary plat drawings prior to preliminary plat review by the City Council. Staff to verify that the tested sites have been revised and shown correctly for future reference. 2. Both driveways shall be re -defined per staff sketch to avoid septic sites. 3. Building envelopes that protect the established septic sites shall he shown on the preliminary plat drawings for future reference. 4. The interior lot 1 ine sha 1 1 be moved easterly as shown on staff ,ketch and shown on the preliminairy plat drawing. '.',. Subject to drainage and utility easements, drainageway easements and flood plain drainaceway easements as shown on the preliminary plat ,iriwinry. A conservation and flowage easement shall be granted over •h#- flood plain drainaaeway. (,. Suhiect to payment of park fees per current fee schedule of $200 for each new 2-acre lot. Total park fee - $400. 7. Access location onto Leaf Street to be approved by Public works r-r.irtment prior to driveway construction. 24" culvert required for ;•-oasinn the drainageway. 4. ltccesn location onto Dayside Road (County Road 94) to be subject •n 11-nn-pin Department of Transportation approval. 24" culvert rr,quirod for drainaaPway crossing. �. Variances are granted for Iot width at SO' setback: r.ot I - 200' required, 121' existing; 79' variance i.ot 2 - 2n0' required, 70,-xisting; 130' variance so ,MINUTES OP TIRE PLANNING COMMISSION MEETING HELD JULY 20, 1987 t1171 LANi3MARK CONSTRUCTION INC. CONTINUED Staff stated that the LMCD was referring to the usage level of 1 boat per 50' lakeshore for single ownership and that applicant may have been misled by this fact. It was moved by Chairman Kelley, seconded ed by Bellows* to table this application pending P larger detailed site plan. Motion, Ayes 5, Nays 0. 11174 IG ANDERSON STREET AND 3300 BAYSIDE ROAD CLASS II PNMIMINMY SUBDIVISION PUBLIC 9EMING 5:00-Ss21 The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron explained the request to split a 5.7 acre parcel into two building sites of 2-plus acres each. -Lot 1 (west) is anticipated to access from Bayside Road. The proposed house site is to the rear of the lot where it widens out. The lot needs a width variance but does front on a public road. -Lot 2 will access from Leaf Street. The assumed house site is to the rear, overlooking the creek. This lot also needs a width variance. He noted that staff has concerns regarding the septic systems. Soil testing indicates that sound systems will be necessary. Staff is also concerned that the neigboring properties will have relatively little area for alternate septic sites because the southerly portion of Lot 1 (part of this subdivision) will no longer be viable as a potential future acquisition by either neighboring property for use as drainfield. Therefore, staff would suggest that this division may well seal the fate of the City's future determination of need to extend sewers to some properties in the study area east of Crestview. Staff is concerned about the drainage on this property only in that provision must be made to protect significant drainageways that traverse the property. Henry Furchner, 360 Leaf Street, stated he was concerned with disruption of a spawning area in the creek which is DNR protected. Assistant Zoning Administrator Gaffron stated he would check into Mr. Furchner's concern. In response to Bellow's question, Assistant Zoning Administrator Gaffron Ltated he felt comfortable that the 2 lot development could successfully sustain Pound systems, however, would like better defined locations. M ,MINUTES OP THE PLANNING COMOMISSION MEETING HELD JULY 20, 1987 11174 CRAIG ANDERSON CONTINUED Bellows felt that this was a problematic subdivison indicating concern with access and staff's septic concerns noting that there seemed to be many marginal issues. Cohen agreed with Bellows due to the 'speculative' site plan submitted. Assistant Zoning Administrator Gaffron further explained the proposed plan pointing out the req,iired setbacks (per Exhibit J). Planning Commission majority felt the access corridor width was the major issue and that lot width was adequate if all other standards were met. Mr. Furchner, agair, indicated his concern with disruption of the creek and drainage. There were no other comments from.. the public and the Public Hearing was closed. It was moved by Chairman Kelley, seconded by Cohen, to table this application pending additional information and more detailed plan. Motion, Ayes 5, Nays 0. ZONING AMENDMENT STANDARDS FOR ACCESSORY STRUCTURES PUBLIC HEARING 9:07-9:07 The Affidavit of Publication was noted. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Johnson, seconded by Cohen, to table this matter until the August Planning Commission meeting in order to provide more time fur Planning Commission to review the proposed amendment. Motion, Ayes 5, Nays 0. #1056 OLAI HANSON 1390 RAILROAD AVENUE VARIANCE - ADDITIONAL REVIEW It was moved by Chairman Kelley, seconded by Bellows, to cable this matter until the August 17, 1987 meeting per applicant's attorney request. Motion, Ayes 4, Nays 0. (Taylor not present to vote.) 4 U To: Panning Commission Chairman Kelley Ororo Planning Commission Members City A+'!inistrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: July 15, 1987 Subject: 01174 Craig Anderson, "375" Leaf Street/03300" Bays -,de Road - Preliminary Subdivision - Public Hearing Zoning District: LR-lA, 2 acre unsewered (This property is within the defined Stubbs Bay Sewer Study Area) Application - 2 Lot plat of 5.7 acre parcel Proposed Lot 1 (Best): Lot area, gross: 2.85 acres Lot area, net contiguous east of creek: Approximately 2.32 acres Lot width at 50' setback from Bayside Road: 121' (200' required) Proposed Lot 2 (East): Lot area, gross: 2.85 acre:: Lot area, net contiguous east of creek: 2.80 acres Lot width at 50' setback from Leaf Street: 70' (200' required) List of Exhibits Exhibit A - Application Exhibit B - Informative Lotter of Request Exhibit C - Plat Map Exhibit D - Property Owners List Exhibit E - Survey with Proposed Division Line Exhibit F - Topographical Survey Exhibit - Topographical Survey Showing Tested Septic Sites, Anticipated Clouse, and Driveway Locations Exhibit H - Sections of Floodplain Map Exhihi: T - Letter from Neighbor Boylan Exhibic J - Setback Definition Exhibit K - Airphoto Exhibit L - Stubbs Bay Sewer Study Preliminary Information Discussion - I. General Applicant proposes to split :his 5.7 acre parcel into two building sites of, 2 plus acres each. Lot 1 (west) is ,•nticipated to access from Bayside Road. The proposed house site is to the rear of the lot where it widens out. The lot needs a width variance but does front on a public r :adway. Lot 2 will access from Leaf Street. Again, the assumed house site is to the rear, overlooking the creek. This lot also needs a width variance. It. Drainage Drainage is a concern on this property only in that provision must to made to protect significant drainageways that traverse the property. "Stubbs Bay Creek" follows along the northwest lot line of the property. A detailed flood study of the drainage area was done in the 1970's and floodplain elevations have been defined. The City will require granting of a Conservation and Flowage Easement coinciding with the floodplain elevations along the creek. Staff's preliminary review indicate; that lot areas east of the drainage easement will Still exce-ed the required 2.0 acres in area by a wide margin. Both access corridors are traversed by a minor creek/gully leading from a pond east of Leaf Street. Culverts and driveway grading must be approved by the City Engineer to ensure no restrictions in flow through this drainageway. III. Setbacks Based on the Zoning Code definition of rear lot line and rear yard, Exhibit: J indicates the setbacks that will be required for these lots. Iv. Septic Concerns Appl-cant's Engineer has submitted soil testinc, information for p;'imary and alternate sites. The clay soils on the rite aTe mottled at a 2'-3' depth, indicating mound systems wi:l be necessary. we have some erne^rns as follows: a.) Primary site for Lot 2 appears to be within a minor drainage swale from the property tn the nort-east. The alternate site on Lot 2 is a much better site. 4e would prefer to see the primary site moved to a location away from the swale and further back from the sauther ly lot line, since a mou; d in this area will have a potential impact on the soil -water regime of the neighboring properties due to topog .-aphy. b.) The primary site for Lot I is not in a swale but shoul9 also be moved nortnwesterly to reduce its impact on neighboring properties. c.) The alternate sit- for Lot 1 needs tc be better defined so that the orientation and size of the potential system to be installed is known and so that the driveway can be located to avoid this site. v. Septic Concerns In Neighboring Properties Because this property is in the Stubbs Bay Sewer Study Area, it is appropriate to consider what effect, if any, this subdivision will have as to overall septic concerns in the area. There is no question that the two new lots can meet the standards for on -site sewage treatment. Staff does note, however, that the properties at 3280 and 3310 Bayside are each approximately only 0.9 acres in area, and have relatively little area that is potentially suitable for alternate septic systems (see Exhibit L). The southerly portion of Lot 1 will, as of this subdivision, no longer be viable as a pctential future acquisition by either neighboring property for use as drainfield. Staff would suggest that this division may well seal the fate on the City's future determination of need to extend sewers to some properties in the study area _ c of Crestview. Staff Recommendation Staff recommends approval of the 2 lot plat for Craig Anderson subject to the following conditions: 1. Each lot must be at least 2.0 acres in dry buildable area east of the easterly floodplain boundary along the Stubbs Bay Creek. 2. Lot width variances for both lots to be granted. 3. Setbacks per Exhibit J of this memo. 4. Septic sites, liouse locations, driveway locations to be refined in accordance wit'I Item IV above (work with staff on this and resolve prior to Council review for preliminary plat approval). 5. Preliminary plat survey to be completed and submitted prior to Council review for preliminary plat approval. 5. Flowage and Conservation Easement to be granted in accordance with the flodplain boundaries along Stubbs Bay Creek. 7. Grant standard drainage and utility easements along all lot 1 roes. Grant widened drain -le and utility easement for minor creek along Bayside Road. 8. Plat to dedicate 33' for right-of-way for Leaf Street and 33' for right-of-way for Bayside Road if surveyor determines those right-of-ways have never been so dedicated. 3 q. Park fees to be pj id in the amount of S200.00 per new lot (2 lots at S200 each = S400.00 total). 10. Final Driveway and culvert access locations to be approved by City Engineer. 11. Applicant is advised that a driveway permit mus. be obtained from Hennepin County for the Dayside Road (17ounty Road 84) access. 4 CITv OF ORONO city n1 V�,��-C� RESCLUTION OF THE CITY COUNCIL NO. 2269 A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR A PW..T AT 375 LFAF STREET AND 3300 BAYSIDE ROAD APPLICATION NO. 1174 WHEREAS, Craig K. Anderson on June 26, 1987 filed a formal subdivision application with the City for approval of a two -lot residential plat of property legally described as: All of Lot 12, Auditor's Subdivision Number 203, Hennepin County, Minnesota, EXCEPT that part described as follows: Beginning at the southeast corner the:•eof; thence West along the south line of said Lot 12 a distance o� 310 feet, thence North and parallel with the east line of said Lot 12, to the right-of-way line of the Minnesota Western Railroad; thence Southeasterly along the Northerly line of said Lot 12 to the Northeast corner thereon, thence South 80 feet to place of beginning. All of Lot 13, Auditor's Subdivision Number 203, Hennepin County, Minnesota, EXCEPT that part described as follows: Beginning at the Northeast corner thereof; thence West along the North line of said Lot 13 a distance of 310 feet; thence South and parallel with the East line of said Lot 13 a distance of 124.7 feet; thence ;t and parallel with the North line of said Lot 13 a distanr-_ of 310 feet; thence North 124.7 feet to place to beginning. All of Lot 18 and the West 121 feet of mot 16 in Auditor's Subdivision Number 203, Hennepin County, Minnesota (hereinafter "the property") and; WHEREAS, after due published and mailed notice in accordance w, I- t'inncsota Statics 462.353 ct. seq. and the City of Orono Zoning and slatting Codes, the Orono Planning Commission held a public hearing on July 20, 1987, at which time all persons desiring to be heard concerning this application were given the opportunity to speak therecn; and WHEREAS, at their regular meeting held on September 28, 1967, the Orono City Council considered the subdivision application of Crain K. l:nd^rron noting the following findings of fact: 1. The property is located within the LR-lA Single Family Lakcnhcre Residential zoning district requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. Page l of 4 11 City of ORONO RESOLUTION OF THE CITY COUNCIL CITY NO. 2 26 9 ' • • • 2. The property contains a total of approximately 5.82 acres of land. 3. Lot 1 contains 3.25 total acres of land, of which 2.28 acres of dry buildable land are contiguous wi'Ch the proposed building site; Lot 2 contains 2.57 total acres of land of which 2.5 acres of dry buildable land are contiguous with the proposed building site. 4. Both Lots I and 2 require a variance for ?.ot width at the rear of the 50' front yard setback. Lot 1 con�sins 121 0 feet in defined width where 200.0 feet in width is required, a variance of 79.0 feet. Lot 2 contains 70.0 feet in defined width where 200.0 feet in width is required, a variance of 130.0 feet. Each lot contains 200 or more feet cf width at the proposed house location. 5. Lot 1 will access to Bayside Rt _.d (County Road 84 ) and is subject to a Hennepin County access permit. Lot 2 will acres to Leaf Street and is subject to City proval of the access location. 6. The City will require a 20' wig' drainage easement over each of Lots 1 and 2 for ttic minor cr.-.:k traversing the lots near their respective road access points. Each driveway crossing of these drain3geways will require installaiton of a culvert to be approved by the City Engineer. 7. ,hc City will require a Conservation and Flowage Easement over the desiaratcd floo,lplain of "unnamed Tributary to Stubbs Bay" on Lots 1 n:id 2. A. Both Lots 1 and 2 have been demonstrated to contain suitable oitcs for primary and alternate drainfie' `o s_rve the proposed single family residences. 9. Single family residences can be const: n both Lots 1 and 2 without the ne^d fer further variances. NOW, T17EREFORE DE IT RESOLVED, tha L oon one or mor^ of the findings noted above, the City Council City of Orono hcrchv appro vcs the prelininnr} plat for Craig K. erson at 375 Lnaf Strcc-: anti :300 Bayside Road per the survey dated :;ull 17, 1937, rcvisec' Septerher 21, 19R7 by Theodore D. Kemna, Schoell and Madson, Inc. subject to *he following conditions: raac 2 of City of OR.ONO RESOLUTION OF THE CITY COUNCIL • NO. 2269 1. A variance will be granted to the 200' lot width standard for Lots 1 and 2. 2. Lot 1 shall access to Bayside Road subject to a Hennepin County access permit. Lot 2 shall access to Leaf Street subject to City approval of the access location. 3. A Conservation and Flowage easement document shall be executed for the designated floodplain of "unnamed Tributary to Stubbs Bay" over Lots 1 and 2, and this easement shall be shown on the plat drawings as a drainnae easement. 4. No building permits trill be issued and no permitted driveway construction or other ex:avation may be commenced until such time that the primary and alt!rnate drainfield sites have been fenced off to eliminate disturtjnce of same. 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 m ondays of the month: 1. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"=200'. Drawing to include: a) Lot lines platted er preliminary survey by Theodire D. Kemna dated July 17, ' '7 revised September 21, 1987. b) Dedication of "dr, menage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. c) Designation and dedication of a 20' drainage easement within each of Lots 1 a•' 2 near the road access points, and of a drainage easement for the floodplain of the major creek ,n Lots 1 and 2, all to be shown a:, "drainage easements" on he plat. 2. LEGAL DOCUMENTS required: a) Title opinion addressed to the City. All owners, mo-t?age holders or others with property interest indicated therein snall sign the plat and all other documents affected by such interest. Page 3 of 4 cit - �f GRONO RESOL',Mf',� THE CITY COUNCIL NO. _169 •-• • ) The applicant must provide certified copies of all recorded easements currently affecting the property. c.) Signed and executed Conservation & Flowage Easement; blank area requiring description nny be filled out as follows "over the drainage easements as shown on the plat of (plat name)". 3. x sES To BE PAID: Total Due $550.00 ;,) Park Dedication Fee - 2 new residential lots at 2-acre density = $200.00 per lot. Total $400.00. b; Legal review and filing fees of $150.00. Adopted by the City Council of the city of Orono. Minnesota at a regular meeting held September 28,1987. JF_• bPk; 1Nayor A. . F.ST ^� >thy M/iibilin, City Clerx i J Page 4 of 4 V. . City of ORONO RESOLUTION OF THE CITY COU qt-`l ;'"�%f ;? ^ ,r.. *• NO. 2420 :► Ni dw A RESOLUTION APPROVING THE PLAT OF REBECCA WOODS APPLICATION NO. 1174 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 'r,as considered the application for a subdivision. by Craig Anderson, the subdivider; and WHEREAS, the City Council approved Resolution #2269 granting preliminary a. ,�rova1 for a two -lot plat of property located at 375 ea` Street and 3300 Hayside Road; and WHEREAS,. the proposed plat contains two lots exceeding the 2��'a lot re m�icnhmreauirerrent as lot area rmeasureemeiit. Both the -1 at the srearuofet, 3P' front oyard ahutting the respective roadways; and WHEREAS, the subdivision has been fcsnd to meet all standards of the LR-lA zoning district finding that each lot is of a size and ronficuratien chat will allow its use fo, a single family residence to be full develop<-j without the need of any further variances; and WHEREAS, Moth Lots 1 and 2 have been demonstrated to contain suitable sites for primary and alternate drainf:elds to serve the proposed single family residences; and WHEREAS, the subdivider has completed all requirements of the platting regulatio..:' of the City, including: 1. �7�mpletion _ .�f all the requirements of Resolution 2269. 2. Dedication to the City of a Flowage and Conser- ion Easement oro-id:ng for limitations on the use of drainageways 9escribed t.iereir. ar-c curing within Lots 1 and 2. 3. /ment to the City for the legal review and fi.. ing of the pla` eu. •.nts and covenants in the amount r)f $150.00 and ;=r.'k f yes in the amount of $400.00. Page 1 of 2 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2420 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the Cit} of Orono hereby approves the plat of Rebecca Woods, Hennepin County, Minnesota, subject to the following conditions: 1. A variance is hereby granted to the 200' lot width standards for Lots 1 and 2. 2. Lot 1 shall access to Bayside Road subject to a Hennepin Count! access permit. Lot 2 shall access to Leaf Street subject to Cit' approval of the access location. 3. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's Office on or before November 9, 198E together with a cert:_f ied or- ?iha 1 copy of this Resolution ane executed copies of the locume:..s as noted above. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision. review. Dated this 9th day of May, 1988. I ATTF;ST : orothy Hallin', City Clerk r � James\R. Grabek, Mayor ��5 udPbtO� Page 2 j_ COUNCIL *4iG To: Mayor Grabek & Orono Council Members SEP 2 51989 Planning Commission Chairman Kelley p� ORONO Orono Planning Commission Members CITY City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: August 29, 1989 Subject: #1445 Gregory Peterson, 1355 Arbor Street - Conditional Use Permit - Variance - Public Hearing Zoning District - RR-lB, Required = 2 acres Existing 14,000 s.f. Review of lot coverage (accessory structure ordinance amendment) Allowed = 2,100 s.f or 15% Proposed = 2,068 s.f. or 14.7% - (pool area not included because a fence 6' or greater in height is not proposed) Pertinent Ordinances - Section 10.28, Subdividion 5 (B) - Side yard variance required = ltr4 3v proposed = 19' variance = 11' or 37% Section 10.03, Subdivision 10 - Condition Use Permit required for accessory buildings on through lots located in residential districts. Section 10.75, Subdivision 4 (B) - Yards A - Through lots in any districts shall have a required front yard on each street. required = 50' proposed = 24' 9" (Pool structure) variance = 25' 3" or 50% List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Survey Exhibit E - Spec Sheet on Pool Exhibit F - Foundation Plan Exhibit G - Floor Plan Exhibit H - West Elevation Exhibit I - North/South Elevations Exhibit J - Staff Sketch Approximate Structures on Surrounding Lots Location of Principal Zoning File #1445 August 29, 198.9 Page 2 i Review of Application - The applicant proposes construction of an attached 15 x 18' screen porch to the rear or west side of the existing residence and a proposed pool, accessory structure in the rear yard, 10' as required from the proposed porch addition. Total pool area including decking adjacent to pool is 1080 s.f. (actual water area 648 s.f.). Fencing will not be proposed along the pool as the yard is surrounded with fencing. Natural pantings are within this yard and the yard to the south (most impacted by the pool). Please review Exhibit J, 3taff's sketch that locates approximate location of house structures of r.he residences on the surrounding lots. Note that the house to the immediate south is located approximately 20' + from the street right-of-way. Proposed pool is 24' 9" front the Briar street right-of-way. The lot to the immediate north has a principal residence located in line with residence on applicants lot. Per new accessory structure ordinance the proposed pool without fencing meets the required 10' setback for a detached accessory structure. Options of Action - Denial - If application is to be denied please use the necessary findings in Section 10.08, Subdi ision 3 (A). Approval - If approved the following findings or hardships may be considered in your formal recommendation. 1. Proposed pool would be in line with the house on adjacent lot that fronts on Brair Street. 2. The proposed pool meets the required sideyard setback for a pool structure without 6' high or greater fencing. 3. The total lot coverage with addition remains below the allowed 15% at 2,068 s. or 14.7%. 4. The existing principal structure is located 12' 9" from the north side lot line. The proposed addition will be 19' from the north lot line Zoning File #1445 September 20, 1989 Page 3 Additional Comments and Planning Commission Recommendation - The applicant advised that he did indeed intend to install a privacy fence around the proposed pool area. In fact, applicant's insurance company requires a minimum 5' height fence. The Planning Commission advised the applicant of the new lot coverage standards for lots under 1.99 acres and advised that if the height of the fence is to be at 6' or greater, that the area of the pool would be counted against the lot coverage inventory. This improvement would also require variance approval. Applicant advised that he would install fence under 6' in height. The enclosed resolution has been drafted per the Planning Commission's approval recommendation. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) AND SECTION 10.75. SUBDIVISION 4 (B) AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 10 FILE #1445 WHEREAS, Gregory C. Peterson (hereinafter "the applicant") is the owner of the property located at 1355 Arbor Street within the City of Orono (hereinafter "City") and legally described as Lot 2, Block 2, Markville, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has made application to the City of Orono per Section 10.03, Subdivision 10 seeking the approval of a conditional use permit to allow the installation of a pool on the property defined as a through lot and in addition seeks a setback variance to Section 10.75, Subdivision 4 (B) that would require a 50' setback from the rear street lot line, applicant has proposed a 2419" setback requiring approval of a 2513" or 50% setback variance. Per Section 10.2e, Subdivis' on 5 (B), applicant seeks a side setback variance £o. propos--d addition to the rear of the existing residence to be ocated 19' from the north side property line instead of 30' as required by the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1445 2. The property is located in the RR-lB Single Family Rural Residential Zoning District requiring a minimum of 2 acres of dry contiguous land. 3. The roperty is approximately .32 acres or 14,000 square feet and is served by municipal sewer. 4. The Orono Planning Commission reviewed this application on September 6, 1989 and recommended approval the proposed variances per Zoning Code Section .28, Subdivision 5 (B) and Sectin 10.75, Subdivision 4 t,j) and per Section 10.03, Subdivision 10 recommends approval of a conditional use permit based on the following findingE: Page 1 of 4 A) The proposed pool would be in line with the house ort the adjacent lot that fronts on Briar Street. B) The proposed pool meets the required side yard setback for an accessory structure. C) The total lot coverage with the addition remains below the allowed 15% at 2,068 square feet or 14.7%. D) The existing principal structure is located 12'9" from the north side lot line. The proposed addition will be 19' from the north lot line and will not encroach any further into the substandard side yard setback area. S. The City Council finds that the conditions existing on ti:is property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fine hazard or other danger to neignb oring properties; would not merely serve as a convenLence to the applicant, but is necessary to alleviate a denonstrable 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. 6. The! City Council finds that granting a conditional use permit to allow the installation of a pool in the street rear yard will not detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 1C,28, Subdivision 5 (B) and Section 10.75, Subdivision 4 (B), and grants a conditional use permit per Section 10.03, Subdivision 10, to allow the installation of a pool on a through lot to be placed 24'9" from the rear street lot line instead of 50' and a rear addition to the principal structure that will be located 110 from the north side lot line insteaj of 30', subject to the following conditions: Page 2 of 4 1. Per Section 10.03, Subdivision 4 (C) the applicant and/or future owner is placed on notice that if a fence of 6' or greater is installed around the pool, such improvement would require variance approval from the City of Orono. 2. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by appl•:,7ati.on for a building permit for the retaining walls within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (September 25, 1990). 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zcning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 25th day of September, 19F9. ATTEST: Dorothy M. Hallin, City Clerk Property owner(s) STATE OF MINNESOTA ss. COUNTY OF HENNEPIN i The foregoing instrument was acknowledged before me on this 25th day of September, 1989, by & Dorothy M. Hallin, Acting Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 3 of 4. . ce CITY OF ORONO - VABIANCr APPLICATION - initial App11 cat- Cn Fee $1�0. 00 (550.00 per each additicnal var_aac=)J,'J Renewal Variance Fee $75.00 (no change from original applicat-ion) After -the -Fact Fees (Double application fee) PROPERTY LOCATION Site Address 131S t'1t�cr Jr Property Identification Number (P . I . D .) Please check one - Property abstract or %i torrens? _ Attach legal description to application if not included on _ required survey. --_____ ---- ------------�-------------------------- -Done (home) ►� �,1 APPLICANT G C e r �.. Y ILYCc v� Phone (-.for Name k) �►��c- �jc5 _P 53��5 A b�� S�: C�ty: •v C. tAcl (rn lzi� Address: r __ --- OWNER (if different Char. applicant) Phone (home) Phone (work) ame City: ddress: - (mcnt_^./year ) Date Property Acauirsa - I (do) (-(o5 also own the adjacent. parcels of land. - --------------- --------------�--f ---------------------------------------- PRESENT IISE OF PROPERTY - Present Zoning District X Res: denmial Present Use Of Property Other (specify) -------------------------------ted Construction Cosa S DESCRIPTION OF REQUEST Estimated Describe request in detail R�.�r `~ - •n���'; ----------------------------------------------------------------- ---- -- VARIANCES REQUIRED _ Lot Area �( Lot Width Hardcover Setback Variances ( Front Otheri�is X r Sidle Rear) suf—Tf C erg X �tto�L` - I 1 RUN DATE 07/20/89 1 BATCH 004 38 10-117-23 23 0004 PROP ADDR 00038 ADDRESS UNASSIGNED 041ER NAME NED INC ET AL TAXPAYER NED INC NAME/ADDR 1212 E WAYZATA BLVD WAYZATA MN 55391 38 10-117-23 31 0015 PROP ADOR 00038 ADDRESS UNASSIGNED OI,41ER NAME ARLENE L HOPPE TAXPAYER ARLENE HOPPE NAME/ADDR 1295 ARBOR ST CRYSTAL BAY 11N 55323 38 10-117-23 31 0018 PROP ADDR 02170 PROSPECT AVE OWNER NAtIL BOBBY D JOHNSOV A WIFE TAXPAYER BOBBY 7 JOHIfSON NA1fE/ADDR BOX 123 CRYSTAL BAY HN 55323 38 10-117-23 31 0035 PROP ADDR 01295 ARBOR ST OWNER NAME ARLENE L HOPPE TAXPAYER ARLENE L HOPPE NAME/ADDR 1295 ARBOR ST WAYZATA MN 55391 38 10-117-23 31 0048 PROP ADDR 01375 BROWN RO S O144ER NAtIE KURTIS P RAKOS TAXPAYER KURTIS P RAKOS NAItE/ADDR 1380 ARBOR ST WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFL IA.TION SYSTEM REPORT NO. PI435401 PROPERTY OI+NERS LIST PAGE 10 38 10-1)7-23 31 0017 38 10--117-2' 31 0014 02140 PROSPECT AVE 02145 CRYSTAL AVE G F BERGQUIST ETAL G F BERQUIST ETAL GODFREY F BERGQUIST G F BERGQUIST BOX. 125 BOX 125 CRYSTAL BAY MN 55323 CRYSTAL BAY MN 55323 38 10-117-23 31 0016 38 10-117-23 31 0017 02150 PROSPECT AVE 02160 PROSPECT AVE IRENE G WOYTCKE PATRICIA 0 DRUU40ND MARK A A TINA M WHITE PATRICIA D DRUMItOND 2150 PROSPECT AVE 2160 PROSPECT AVE CRYSTAL BAY tN 55323 CRYSTAL BAY MN 55323 38 10-117-23 31 0019 38 10-117-23 '' 1128 02180 PROSPECT AVE 01290 ARBOR FREDERICK W CURTIS STEVEN R BENSON . AL JA11ES G THOMPSON STEVEN R BENSON .AND 4856 ISLAND VIEW DR JILL T DANIELS—BEN'SON MOUND MN 55364 1290 ARBOR ST WAYZATA tN 55391 38 10-117-23 31 0036 38 10-117-23 31 0044 02160 CRYSTAL AVE 01295 BRIAR ST M A J BLUE ALEXANDER ' -.'1TILUCCI ETAL 11ARCUS J A JUDY A BLUE tLEXANDER Z 1NE JENTILUCCI BOX 62 '295 BRIAN S1 CRYSTAL BAY flN 55323 1RYSTAL BAY f11 55323 38 10-117-23 31 0049 38 10-117-23 31 0050 01380 ARDOR ST 01395 BROWN RD DOUGLAS DE MALIGNON C E CAMPION A ASSOC INC DOUGLAS DE MALIGNON PHILIP KALEY BOX 97 1395 BROWN ROAD SO LOIIG LAKE fN 55356 IIAYZATA t41 55391 38 10-117-23 31 0051 38 10-117-23 31 0052 38 10-117-23 31 0053 PROP ADDR 01335 ARBOR ST 01355 ARBOR ST 01380 BRIAR ST OWNER NAItE BARBARA J GARCIA G C PETERSON A J H PETERSON S B BELT ETAL TAXPAYER BARBARA J GARCIA rPrGORY A JULIANNE PETERSON MADEL h BELT NAME/ADDR 1335 ARBOR ST 5 ARBOR ST BOX 162 WAYZATA 1N 55391 eZATA TIN 55391 CRYSTAL BAY tN 553L3 C. lli:� RUN DATE 07/20/89 BATCH 004 38 10-117-23 31 0054 PROP ADDR 01365 ARBOR ST DINER NAI1E J E SUTHERLAND A J GUNION TAXPAYER J E SUTHERL'►1D NAI1E/ADDR 4865 MAIN S; E MAPLE PLAIN MN 55359 38 10-117-23 31 0057 PROP ADDR 01335 BRIAR ST MINER NAIIE HERBERT A SHEPHERD ETAL TAXPAYER IIERBERT A SHEPHERD NAME/ADDR 1335 BRIAR ST MAYZATA MN 55391 38 10-117-23 31 0060 PROP ADDR 00038 ADDRESS UNASSIGNED MANE NAME NTKA CTR OF ARTS 8 EDUCATION TAXPAYER MTKA CTR OF ARTS 8 EDUCATION NAME/ADDR P 0 BOX 158 CRYSTAL BAY HN 55323 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY 0141EP^ LIST 38 10-117-23 31 0063 PROP ADDR 02180 NORTII SHORE DR 011NER NAttE HTKA CTR OF ARIS 8 EDUCATION TAXPAYER MTKA t.'iR OF ARTS 8 EDUCATION NAME/ADDR P O BOX 158 CRYSTAL BAY MN 55323 38 10-11' •'? �? UOSS 01385 AN,-<;' ST ENRI9UE A ! '.',ATIQUE ETAL EtiRIGJE LIBATIQUE 1385 ARBOR :iT WAYZATA MN 55391 38 10-117-73 31 0058 02195 PROSPECT AVE BRIAN L GAHMON PAUL LINDBERG 2195 PROSPECT AVE WAYZATA tiN 55391 38 10-117-23 31 0061 00038 ADCRFSS UNASSIGNED MTKA CTR OF ARTS A EDUCATION I1TKA CTR OF ARTS L EDUCATION P 0 BOX 158 CRYSTAL BAY MN 55323 38 10-117-25 32 0001 02240 NORTH SHORE DR NTKA CTR OF ARTS 8 EDUCATION MTKA CTR OF ARTS 8 EDUCATION P 0 BUY. 15b CRYSTAL BAY MN 55323 REPORT NO. P1435401 PAGE 11 38 10-117-23 31 0056 02140 NORTH SHORE CR DORIS I EISEIKRAMER DORIS I EISEWRAVER 2140 NORTH SHORE OF WAYZATA MN 55391 38 10-117-23 31 0059 01355 BRIAR ST NTKA CTR OF ARTS 8 EDUCATION MTKA CTR OF ARTS A EDUCATION P 0 BOX 158 CRYSTAL BAY MN 55i23 38 10-117-23 -1 0042 00038 ADDRESS UNASSIGNED MTKA CTR OF ARTS 8 EDUCATION MTKA CTR OF ARTS 8 EDUCATION P 0 BOX 158 CRYSTAL BAY MN 55323 TOTAL BATCH 004 00029 I CERTIFY THAT THE FACTS RE^RESENTED ARE AN ACCURATE AND TRUE REPRE',EIITATIUIJ OF=NFORMl.IIOtl AS IT APPEARS THIS DATE ON 711E RECORDS OF THE i1EtlNEPIN COUNTY DEPART.MENi OF PROPERTY TAXATION, TO THE BEST OF MY KN?WLEDGE AND BELIEF. C DATE Lb BY 6• f ru r�r � �,,,• i : pt 1 ,i • • f sth _p_ - 1- � i'.Vy 7µ, � W� • { i . YO T• Y .7�IAG y A■ .3 �•_ I FRENCH •• S r 1 `y S o CN[E �d' MINNE GNKA AVE I `• Cie 17ha lays '1 fl •EK tot : 0 0 H ti �. Y m T s ti.�P c �- Y s ' b- a • 1 CCRiSTALw 01 Jt o. 4 s � (h� (►61 � �'.�-,�� t] a o a � � � mod) � •. ►•[C w Q ya � 1p (ti1) T ' ' 0', � 3 h <e) t p;, , ohm Ittt" a ^48 o < N� S. P,St� 6) _qt_ ORNIE ,a , _ i co) _ G.t. D f K' ie) .31l S! Tiro Nes9arwti ? u 9� •1 60 0 R a e Certificate of Survey for Gregory C. Peterson of Lot 2, Block 2, Markville Hennepin County, Minnesota A/ 89 '20 70'" - . • �w Zy..' /v.a \' o h P o/eleJ Pio/eled Poo/ e ti '�� ° Lr�tiStie9 6 3 h f/orr e h /moo/.lcd 1etk,na 1 V. 6 e.o y.t yGoroye 4 SAedr ° , r. h a: h -37.7 � 0 Q 0 0 1 O Q 0 So I hereby certify that this is a true and correct representation of a survey of the boundaries of Lot 2, Block 2, Markville, the location of all existing buildings thereon, and the proposed location of a 'proposed house and pool thereon. It does not purport to show any othci improvements or encroachments. Date : 7-17-89 Scale: I" = 20' o : Iron marker (set) Bearings shown are assumed COFFIN & /GRONBERG, INC. /- e o Mark S. rn erg Mn. Uic. 1 O�T7T55 Engineers, Land Surveyors, Planners Long Lake, Minnesota a�a . ^ vA! w � A MAX. C C � 5' MAX. 6,_D. MIN. (TYP.) POOL SIZE A B C POOL AREA POOL CAPACITY AT MAX. DEPTH 12' x 24' 12' 24' 3'-6" 288 Sq. Ft. 8.900 Gallons 14' x 26' 14' 26, 3'-6" 364 Sq. Ft. 9,600 Gallons 16' x 32' 16' 22' 3'-6" 512 Sq. Ft. 13,600 Gallons 18' x 36' 18, 36' 3'-6" 648 Sq. Ft. 17,600 Gallons 20' x 40' 20' 40' 3'-6" 800 Sq. Ft. 22,300 Gallons NOTE: NON DIVING POOLS USE OF DIVING EQUIPMENT PROHIBITED NOTE: VERTICAL DIMENSIONS ARE TAKEN FROM LINER BEAD TRACK. Rectangular Non•11op1mr Pool Uinunsions �l L x 1 S-T I N C, V: 0%) 1.1 Q F I\T%E neLE, R,m , �O I sT 114ro CA DT' &Li, b , 40 Z'x IZ-TstC�iD �I JOIST$ - DVL'0. oN 0" ¢T4- tt voSi CIO Ila' tout PIZL 'I! D!t!- Sum oN 32!'1432.''ti 12" FT4. .• _1 � fi _1 ri''. ' �' - S '/q.' 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' �....4._•'r•--' 1 ,`'r�• Nf' �� �'f � , '�1�' 1' �• �. 1. i r .1•�,l, r i ` cC ''' `i ,•fir � 'r�yt = — _ , _ �KM'�x,�, +' '•i( rvL ` • 1 3 �.''' e.r o+ ( t S li �; i 1 � ��.♦' e r ,l+T J f ,1�.' •, r (} .,1• .� •1- � .y r rt� � .1 • .ry 'fir ' ,' r� • ,, • � •�, , ,r •- ! �..�as�a�+-•.-.,.tea •• ! •� M� =nsLr1: •�- S G B I ri XRYSTA !� AVE. 4 Up ; rA9 01) 8� o � PROSPECT AvLr.o cn 20 go o al 3 CSC ---- - -OR COUNCIL MEETING SEP 2 51989 TO: Planning Commis -.,on Chairman Kelley CITY OF ORONO Orono Planning Commission Members City Administrator DeLnh:Llson FROM: Jeanne A. Mabusth, Building & Zoning Administrator DATE: August 30, 1989 SUBJECT: #1446 ML. and Mrs. Jack Yost, 1515 Green Trees Road - Conditional Use Permit/Variance - Public Hearing Pertinent Ordinances - Section 10.22 Subd. 1 and 2. Section 10.55 Subd. 8 Application involves replacement of retaining walls and land alterations within 75 feet of the lake. Section 10.03 Subd. 19. The application also involves land alterations in excess of 100 cubic yards outside of the 75 foot setback area. Review of hardcover 0 - 75 feet Allowed Existing Proposed 75-250 setback area Allowed Existing Proposed 0 800* sq ft or 2.4% 1,361 sq ft or 4% = 13,342.5 sq ft or 25% = 11,513 sq ft or 21.6% = 13,104 sq ft or 24.6% * Please review Exhibits E, F and G. The building permit for the lakeside addition noted on survey, Exhibit F is certified by surveyor at 76 ft. In review of Exhibit G a survey done by the same survey firm but another surveyor confirms that there was only 75 ft from the corner of the existing house, placing the new addition 65 ft from the lake. Note applicants consultant has used the correct base survey for enclosed exhibits. The 75 ft setback mark as shown on all plans is based on the 929.4 elevation. It is not known the exact date the retaining walls were constructed in the lakeshore yard. Some of the wall sections may have existed when the former residence was constructed. Newer sections were constructed without the benefit of a land use or building permit review. List of Exhibits: Exhibit A - application Exhibit B Property owners list Exhibit C - Plat map Exhibit D - Engineer's review Exhibit E - Building permit #4181 Exhibit F - Survey sumbitted with permit dated 3/14/80 - McCombs Knutson Exhibit G - Survey dated 3/11/80 - McCombs Xnutson 1 �if to +� s 'E�hibi�'H}1 Exhibit H-2 Exhibit H-3 Exhibit I - Exhibit J - Exhibit K - - Section - washout area - Section detail - repairs adjacent to foundation wall - Section detail - on planter box, retaining wall cap and sitting fence cap Hardcover fact sheets Location map Map of useable areas in relation to slope areas Exhibit L - Proposed land alterations and location of retaining walls (existing and propos-d) Exhibit N - Drainage plan Exhibit 0 - Slope profiles lakeward Brief Review of application The applicant proposes the complete removal of er'-ting retaining walls that are in a state of Oeterioration as a result of faulty design and installation. DeteriL.ration of the wal.i.s has been hastened along by serious drainage problems and th,-: to back 100 year storms of 2 years ago that created the ma�ol washout. The lakeshore yard is currently in an unusable and unsafe condition. The new retaining wall systems will actually reduce the tiers of retaining walls within the lakeshore yard. The height of the wall is proposed at 2 feet to 8 feet exposed vertical height. Where the grade at the outside of the wall eAceeds 30 inches in height rather than installing a railing per the building code, applicant proposes planter boxes. Positive drainage will be provided with drainage outlets at each side of the lakeshore yard. Note that the retaining wall tiers will be installed with grass. Surface runoff will run over grassed areas to the weep holes at east side and through a filter/trench system at the opposite end draining into a grassed retention area and finally to an existing drainage pipe at the north side of the lakeside yard. The applicant's landscape architect has laid out a system of lath and string line designating the location and height of the proposed wall for members of Council and Planning Commission who visit the site. A visit to this site is most important in order to not only understand the many exhibits submitted for this review but the full intent and purpose of this comprehensive repair project. The City Engineer has completes' the majority of this review. Please review his comments and recommendation in Exhibit D. Additional Staff Comments Staff would recommend that the 240 square feet of the house addition that was approved with permit #4181 with an incorrect survey now be creditod against the hardcover within the 75-250 foot: setback area, resulting now in a slight excess of hardcover at a total of 13,344 sq ft (existing 13,134 + 240) or 25%. Applicant must be advised that any other improvements that require additional hardcover will require future variance a )proval of the amity. Upor. staff's inspection of the site with 2 the landscape architect, it was also noted that railings will not be required for the stair case that descends the steep bank because of the special design of the stairs and the grade on either side not exceeding 30 inches. Much of the existing heavy vegetation that surrounds the lakeshore banks will provide the necessary screening for the walls that will be exposed to the lakeside. Options of Action Denial - If denied, Planning Cor.mission should refer to Section 10.08 Subd. 3 and Section 10.09 Subd. 6 for the necessary findings for denial. Approval - If approved the following -onditi.ons must be considered: 1. Based on Engineer's report the following will be required: A. Retaining ,calls shall be built prior to any landscaping work within the wall, so that wall can act as protective zone from erosion or damage to the exterior banks along the lake. B. Material banked against the outside of the wall should be of a cohesive nature and stabilization fabric should be used within the backfill to prevent errosion. Silt fence will be required at the base of fi led areas where slope is steeper than 4/1. C. Wall sections can not exceed the 956 ei( :ion nor shall F feet of vertical wall be exposed. D. Applicant's contractor/consultant in to arrange for a pre -construction meeting so that an appropriate schedule of inspections can be arranged curing the installation of the retaining wall and drainage system. E. Upon application for a building permit for the retaining walls, applicant's consultants must submit detailed plan on planters and the wall tie back system. 3 Zoning File #1446 Page 4 Additional Comments a Planning Commission Recommendation - Septemhar 19, 1989 The Planning Commission unanimously recommended approval of the conditional use permit/variance application as proposed by applicants finding that the proposed land alterations and drainage improvements within the lakeshore yard of the property to be far superior to the existing failing system. The proposed drainage plan will provide improved treatment for surface run-off now directed over grassed areas before exiting to the lakeshore banks and eventually to the lake. The City Engineer's office has conducted the major review of this application. The enclosed resolution has been drafted per the approval recommendation of the Planning Commission. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 i ' AND SECTION 10.55, SUBDIVISION 8, AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE #1446 WHEREAS, Jack Yost (hereinafter "the applicant") is the owner of the property located at 1515 Green Trees Road within the City of Orono (hereinafter "City") and legally described as Lot 3, Block 1, Green Trees, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has made application to the City of Orono per Section 10.22, Subdivisions 1 and 2 and Sect'_on 10.55, Subdivision 8 and Section 10.03, Subdivision 13 to permit certain grading and filling activities and the insi-&llation of retaining walls within the 0-75' lakeshore setback area vnere nr- such activities or structures are allowed resulting in 1,361 square feet or. 4% of hardcover where 800 square feet or 2.4% exists today. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1446. 2. The property is located in the LR-lA Single Family Lakeshore Residential Zoning District requiring 2 acres in area. 3. The property is approximately 2+ acres in area. 4. The Orono Planning Commission reviewed this application on September 6, 1989 and recommended approval of the proposed variiLnces and conditional use permit as proposed, based on the following findings: A) The existing retaining walls within the lakeshore yard are in a serious state of deterioration and present a hazard to persons who use the yard area. Page 1 of 5 B) The serious erosion of the lakeshore yard results from improper drainage and the back-to-back 100 year storms of. July 1987. C) The treatment of surface run-off will be far superior to the existing quality and level of treatment. D) Much of the existing `Navy vegetation that surrounds the lakeshore banks will provide the necessary screening for the retaining walls that will be exposed to the lakeside. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; 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. 6. The City Council finds that granting a conditional use permit to allow land alterations and the installation of retaining walls within the lakeshore yard of the property will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the E roperty will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS rased upon one or more of the above findings, -:.he Orono City Council hereby grants variar ces to Municipal Zo ping Code Sections 10.22, Subdivisions 1 and 2 and Section 10.55, Subdivision 8, and grants a conditional use permit per Section 10.03, Subdivision 19, to allow certain land alterations and the installation of retaining walls within the 0-75' setback area of the property and additional land alterations in excess of 100 cubic yards within the side yards of the property located within the 75-250' setback area, subject to the following conditions: Page 2 of 5 1. The retaining wall shall be built prior to any landscaping work within the wall, so that wall can act as protective zone from erosion or damage to the exterior banks along the lake. 2. Material banked against the outside of the wall should be of a cohesive nature and stabilization fabric should be used within the backfill to prevent erosion. Silt fence will be required at the base of the filled areas where slope is steeper than 4:1. 3. Wall sections cannot exceed the 956' elevation nor shall 6' of vertical wall be exposed. 4. Applicant's contractor/consultant is to arrange for a pre -construction meeting with the Orono staff so that an appropriate schedule of inspections can be arranged during the installation of the retaining wall and drainage system. 5. Upon application of a building permit for the retaining walls, applicant's consultant must submit detailed plan on planters and the wall tied back system. 6. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit for the retaining walls within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (September 25, 1990). 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. B. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 Adopted by the Orono City Council on this 25th day of September, 1989. ATTEST: Dorothy M. Hallin, City Clerk Property Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of.September, 1989, by & Dorothy M. Hallin, Acting Mal -or & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 4 of 5 CITY OF ORONO - GENERAL LAND USE APPLICATIO ------------------------------------------- PROPERTY LOCATION Site Address IP)1K) (AZE�►-1 DRO M►.' . 3C 1 Property Identification Number (P.I.D. ) 11- 1 (7 - Z3 ZS 00/ 3 ?lease check one - Property abstract or torrens? _ (for Conditional Use Applications only) ription to application if not included Please attach legal desc on required survey. L, cT 3 iS Lx'-u c. t G,'a-Et_�__r�t_ev- S __ _ __ _ APPLICANT ---------------------------------Phone (home) 415 -39 9 ------ NamePhone (work) City RDlJ p _ Address 1 �? 1 � (o2�� 1� TCZ_EE� ELKS; - � -------------------------------------------- - (if different than applicant) Phone (home) Name 5_ l Phone Address C Date Property Acquired -'�G_ ? 9'S 3 (month/year) I AM (do not) also own the, a,- -icent parcels --ofland. -------------= ---------------------------------- - PEES - CONDITIONAL USE PERMITS - Renewal Fee - 1/2 Currdnt Fee After -the -Fact Fee - Double Current Application Fee $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration Grading and filling - designated wetland or floodplain Grading and f i l l ing - 101 cu. l or more —�^ walls within 75' Grading, seawall, retaining of Lakeshore PRD/PID - see fee schedule OTEER APPLICATIONS $150.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision $250.00 Rezoning $100.00 Appeals Other - see fee schedule PRESENT USF 0? PROPERTY Present Zoning District S 106\_iE Far�R resent Usti of Property S436 .E 1 AM\L,_j Residentiai other (specify) --------------------------------------------------------------------------- LiESCRIPTION OF REQUEST Describe request in detail: jZrpAqVZ - gk5TcfLATIQ*3 MS Z1'� E— --------------------------------------------------------------------------- REQUIRF.D SUBMITTALS Completed Application Form. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center'348-3271) 3. Stamped, legal sized envelopes (410) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 6. Construction plan, if applicable (see staff for requirements). 7. Plat Map. 8. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. ---------------------------------------------------------------------------- The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. --------------------------------------------------------------------------- Certification by Zoning Department that Land Use Application is complete. Zoning Officials Signature ------------------------------------ Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. /Applicant's signature �� ;�� .� Date 7�7 �9 c OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature <��'��%�.� Date ---------------------------- --- ----------------------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. RUN DATE 07/25/89 Cz BATCH 004 38 10-117-23 14 0008 PROP ADDR 01050 MILLSTON RD OWNER NAME RODNEY P BURWELL TAXPAYER RODNEY P BURWELL NAME/ADDR 7901 XERXES AVE S SUITE 201 MPLS HN 55431 !� 38 11-117-23 23 Coll PROP ADDR 01485 GREEN TREES RD OWNER NAME R A C THO11AS TAXPAYER RALPH THOMAS A ASSOCIATES F NAME/ADDR 6831 5TH AVE E SUITE 100 SCOTTSDALE AZ 85251 t 38 11-117-23 23 0014 PROP ADDR D1520 GREEN TREES RD OWNER NAME 0 D RYERSE JR A M L RYERSE TAXPAYER DORANCE D RYERSE NAME/ADDR 1520 GREENTREES RD WAYZATA MN 55391 PROP ADDR t. 014IER NAME TAXPAYER TOTAL BATCH NAME/ADDR 004 00009 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 10-117-23 14 0009 01000 MILLSTON RD RODNEY P BURWELL RODNEY P BURWELL 7901 XERXES AVE S SUITE 201 MPLS MN 55431 38 11-117-23 73 r'.ql? 01495 uRE.1: tHEES RD J A WALKER A S S NALKER JAMES A A SHARON S WALKER 1495 GREEN TREES RD WAYZATA MN 55391 38 11-117-23 23 0015 01510 GREEN TREES RD J J 3 J TURNILACER JOHN J A JOA11N TURNBLACER 1510 GREEN TREES RD WAYZATA 144 55391 REPORT NO. PI435401 PAGE 7 10-117-23 14 0010 .00 MILLSTON RD RODNEY P BURNELL RODNEY P BURWELL 7901 XERXES AVE S SUITE 201 MPLS 114 55431 38 11-117-23 23 0013 Olbis GHttN TREES RD JACK 0 YOST & DR1NA YOST JACK 0 YOST 1515 GREEN TREES RD WAYZATA NN 55391 38 11-117-23 23 0018 00038 ADDRESS UNASSIGNED MINISTERS LIFE DEVEL CO 11IIIISTERS LIFE DEVEL CO 3100 N LAKE ST MPLS 121 55416 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF ?ROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. i DATE le" ��� BY 0 CA _ // — //7- IWO,; I 2 stwvty crve � • �, � . w i rN_1 I RL►�l1:) i a1 /o '-D•, ., (a __ z S Z�� r�;r.� 1 r { {e 1 s' �, � ��'S �` � ,.'O. w V i •' W'j: J.��•'T f • r - � \ 7 � 1 �• i ••q f . � r./ J 43 ' fay. .Z / T4 ;REEM TREES RO 1 LOW �[M ACT Isw NO 1 '.1 /� tl 1 •, III 2 � 1 °pi J: j'AIVWCJi. G{•T' r1f• wi.;(.:fyv SMIT ' 8AY A L1ER y':��� u ::•;{. sMfTM 'Ye LAKE INNETnNKA 14 County SE 1 Br1Y .d+ rs .cr . rr.•_. .. .. Hennepin MIN '� •, 1::7Mhl[-' ..: r T,T . r -• 1 10N .._..y.r r1 �1 Bones t roo Ono G Boom= PE JoSeph C ArWerkkvPE riabrRosene :Khafa A unet P PE Rc naro E Twner PE Anderlik & Glf—Iffvs R Coc000n PE Glenn t PE i Associates Thomas E YO,ts PE Pooert G knuncm PE 1 J tiranm L S.mma PE Engineers 51 Architects August 16, 1989 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Jeanne Mabusth Re: 139-1446 Jack Yost Property Storm Damage Repair Dear Jeanne: KtAn A Goroon PE Mcrnad C _yKn PE Pndo J Caswea PE RKhaid W Foster PE James R '.Utand PE Mark D Wacm PE Cona10 C 8u19arot. PE renrrtn P Allmon PE Thomas R AnOerson A I A Jerry A Bouroon PE h A Bacnma- °F Gary F Pyanoer PE MatkA Hanson PE red K F�,7 PE ("'Ma�SiRy!E � 4 nn'�s �--son I i FOttCS �fys'f"'KI AAA I LIO M-Pd+t yl Mcnael r Rautmann PE I ? -H�4-?s Olson Rooeq R Pft e-e PE II H04\aro A �rOrO PE Susan .M I r� C PA Daw O Loskota PE TNxnas W Pete -.on PF Dann 14 on PE • Matk A gC 2 I I , 11989 '-1 -----V J We have reviewed the lake shore resrn:dtion work proposed on the Jack Yost property at 1515 Green Trees Road along Tanager Lake. The retaining wall should be builir prior to any landscaping work within the wall so that the wall can act as a protective zone from erosion or damage to the exterior banks along the lake. The mateiial banked against the outside of the wall should be a soil of cohesive nature and a stabilizatior. fabric should be incorporated within the backfill to prevent erosion. Silt fence should also be required at the base of fill areas where the slope is steeper than 4 to 1. The elevation of the new wall shall not be allowed to exceed the 956.0 elevation and no more than 6 vertical feet of wall shall be exposed. Planters proposed to be built adjacent to the wall in areas in areas where the wall height exceeds 30" should be sufficient for pedestrian restraint to prevent a fall and so handrail should not be required. However, a more detailed plan layout of the plan-_ers should be submitted for review. The storm water drainage control plan incorporates a trend. drain system that intercepts storm water from the roof leaders and directs it to an existing storm holding and drainage area. The drainage of surface water from behind the retaining wall will reduce the pressure loading against the the proposed retaining wall. Page 1 s: 233S West Highway 36 • St. Paul, Minnesota SS113 • 612-636-4600 The location and height of Lhe proposed wdll has been laid out by the landscaper upon the property with lath and stringline for members of the staff or Planning Commission interested in reviewing the proposed improvements at the site. We recommend that staff construction inspection be incorporated ins.o the construction of the retaining wall to insure that the surroui.ding lakeshore area is not jeopardized by the construction. We would recommend that the City approve a concept plan for the restoration work and require detailed plar. of the wall tie back system and the adjacent planters. If you have anv questions, please contact this office. Yours very truly, �BONNEESTR00, RRfUSENNEE,,�ANDERLIK & ASSCCIATES, INC. Michael C. Lynch MCL:df Page 2 -i11dlrg' Permit ArPLICATION FOR CERTIFICATE OF OCCUPANCY 30X 66, CRYSTAL BAY, MN 55323 473.7357 iVING DISTRICT I Ai SITE ADDRESS ncCrQIPTInfu• PROP. ID. RE ZONE VAR. DATE -.ONO. USE DATE OT AREA VIDTH DEPTH t_ 'ROPOSFDSETO_4CK rh,tNT s 4 HEAR LSIDE jLAKE WETLANDS i ACCESS I NEW EXISTING yAGENCY-APPROV. DATE �1 CITY COUNTY 5• ATE r'R. EASEMENT i PERMIT N? 4181 DATE ISSUED EXPIRES �O Yo J/1Q �Y o LOT BLOCK SUBDIVISION ER(Namel (Ad rasa)OO.Bd)( Phone)e — Mist Certify Multi -Family, CommerciallIndustrial Construction PlansNO. FERTARCHITECT/ENGINEER (Firm)(Address) BUILDER (Firm) (Address) (Phone) TYPE OF WORK New < dditlo • Renovate CON^ 1 TYPE BLDG SIZE EST. CONST• VALUATION �MMA. L.116/-3 W a29' Hi. 30� /DD OOC+• RESIOEN IA STORIES B 1 0 3 PERMIT FEES BLDG.PERMIT BDRMSfFLR S / / STATE FEE ra0 DWELL. UNITS 3 GAR. STALLS SEPTIC PLAN REVIEW TT 3 APP DATE PENALTY DE r. DOCK PARK FEE NON RESIO. PROPOSED USE SAC CHARGE xC CLASS. sroRlEs c!>uNCIL TOTAL DUE�D • 00 APP DATE INSPECTION REQUIRED WORK REQUIRING SEPARATE PERMITS FOOTING before Pour FRAMING rough In PLUMBING INSULATION .-- WALLBOARD Be or* Tp.rq MECHANICAL �f WELL -- FINAL before occu0IMV SEPTIC ,vORK BEYOND OR WITHOUT A RE. SEWER -)UIRED INSPECTION WILL BE SUB- WATER - ,rCT TO PENALTY GRADING 9 FILLING — INSPECTION HOURS 473.7357 CALLS • 12 A M INSP. 1 • 4 P.M. CALL 1 - 4 P.M. INSP. NEXT DAY ELECTRICAL from Sure '-f WHITF-FILE GREEN-FINA►ICE CANARY -ANSPECTOR GOLD -RECEIPT PINK -ASSESSOR ACKNOWLEDGEMENT THE UNDERSIGNED HEREBy REQUESTS PERMISSION TO MAKI THE REAL IMPROVEMENTS SPECIFIED, AND DECLAR,i UNDER PENALTY OF LAW ACKNOWLEDGEMENT AND ACCEPT- ANCE OF ALL INFORMATION. CONDITIONS AND REOUIRE• MENTS REPRESENTEO ON THIS DOCUMENT. THE UNDER- SIGNED FURTHER AGREES TO DO ALL WORKS IN STRICT COM- PLIANCE WITH ALL CITY OF ORONO ORDINANCES AND STATE OF MINNESOTA BUILDING CODE REQUIREMENTS. 4 slan.ru.e Data -��RD— Approved ��J i�,, Q. sm- 01V at orawe i 940 Pow ; 60 I �;�� 0 ' ' i 6a 5 ENAL IJ ET E' r. > i E � I Z E,C15TING Uj '� 3 I Q BUILDING) 11 I -,?ET WALL' o LLL JJJ 8 ' (ON LINE) 305 9l -- 1) TOTAL GAL 2) TOTAL NO �a 3) M IIU I M U M j (�XCLu011.]�, 4) AV E 2AGE. 5) LOT DIMEt �� UTILI rY ;y 3` 51 3o -te Lb tiV zs- z� �d 1c S - 'L 1" S' � M mC — AT arwit cjkL ► -LA, s�c-cic�t:� E-MADL e tNAC4"1rtj_t PmMUEPOW"Af: RM 401 Tow..'% Road wjty„ta. MN 55391 473-571 ?4,Vft Ct._bOK C_I4P .'P.Elf\W 1xo UAP SN'MV4. Tr "LL CAP ' 2*fib lfiWQD Fati) 2x %% PIAwK (" Lwvil f1R ) -now WE k.05 •�1s QA't►4 ``-11�1Jtl�sLlt. 2 Y.1 O 91fl IW 6 'b MAu* ►Iou1�- �11.Zist2 �AP7QJ L F.v= ".o (mm ),).� U, • IWO (MRI<.) ... .. E�_ &56.b pp Q�lil�� ltiLEl�SFbi1�� SID1►Jb TO �Itul 11a.sr< � �i Yb'nlx�ct _ rost Ztf_z_� -L CST �^ � . a96�c�����o:�©�a.�^�c������ ���; ice: � ��� a® 401 Townes Road WPVMU. ON S5391 �73571 &At.. s(,Ai;i,.,�i v pa lb oO -T T o i U44ape.Z 10►J A►�C.11oQ, I. ` S-\ 7V `-� 1►�Su�I�T 10N �k •.DeH►.1 � _ 77. `�' \\ �X15t1►-� fDA - •_ MA '--'..�,1�� /CAM jWjj 'M OMOMMUORM ou 401 Townes Pnmi Way.2ta MN SS 1 4735 11 HARDCOVER CALCULATION WORKSHEET �� fifi� _ L&Kt s 'iM,M SETBACK ZONE: (CIRCLE ONE) -i: 75-?5�7' 250-500' S�70-_000' EYISTINGHARDCOVERINZONE - --App A. HOUSE X = 'L1O S.F. LENGTH WIDTH X O S.F. X = O S.F. X 0 S. F. B. GARAGE X 0 S.F. C. DRIVEWAY X = 0 S.F. X = O S.F. D. SIDEWALK tMINS � X 70 = 280 S.F. f to um s m 1 Pw X i�a = O S.F. X = S.F. E. PATIO/6ax-WA61,0 1' ISO' f O O 0 llECK X i0.�A� WWI Ov S. F. 1L1 < e F.LANDSCAPE X = O S.F. O AREAS ' i UNDERLAIN BY X S.F. O O PLASTIC i SHEETING X = A S.F. -� O O j x Q S.F. G. OTHER X = S.F. O �....... �._._� , TOTAL HARDCOVER IN ZONE Am S.F. A ZONE - �� S.F t. TOTAL PROPERTY AREA IN A i FB—LM X 100 = 70loi— I, I HARDCOVER CALMATION WGRKS ,E SETBACK ZONE: (C:FC:.._ ONE) 0-75' 75—?50 Z�0—:�70' Su0—inpp Ec_S_ING --- ----- -- IN ZONEAiDD 771#tt A. HOUSE x = Sl 22 LENGTH WIDTH 4 !L x Ld S, F, o 0 X = Q S.F. C C X = O S.F. 0 O x = U S. F. O 0 B. GARAGE Z (.s x !fQ _ 1640 S.F. O O C. DRIVEWAY x = ?, 015 S.F, It. ( J7IS X D. SIDEWALK lb fSM XS.AM F. O <IPJv� bwait PA %al P k S0 = 110=. -Loa O wv�� X S , F , ? WtM " gjftW w 4x il. O E. �Atf S10t VA%p M�1{±c j x 6 S O/O = O S. F. S. F. Ir0 O ECK W-O, V-S*tti- ► A to x vwp = 0 S.F. 1 32.0 C O o I%AwK A ev. F. LANDSCAPE X = S.F. AREAS UNDERLAIN BY X = S.F. PLASTIC SHEETING %%�n'sis u*LLLAg•9oX S.F. ZO O Pf n �b0�. 1CO < 00 4 IOC OWL r S.F. O 70o !'. cam W mA, * %#A D G. OTHER = 3 0 0 O •"-- x S.F. �--- TOTAL HARDCOVER IN ZONE - _ 1 I S. Ft 1 co TOTAL PROPERTY AREA IN ZONE - f S.F. ulS'ft A = ��Z?j_ x i00 = ply► C-J� t O q y- -S -3 7 0 X r yr. s�,wra� � � `► � r sun aD bra ♦• 1 �. R\P•MPfn I r a 1 , ; i as4v •� ty�` \ • ` 7q F.R.dim •..Raba tl _ FUTURf pool T 4 6ft .N •� � 1 ` Rrf� Mf tY •' e 1 M•IrM -M. (� r \ /'tom ♦ 1-MA V�31' k�. I :» � 11 r1 \ ` I 1 •_ �q� Cl tv"MiLl o► • oµ a wnw Anr% WW%VA:4.ruR `" r �, I 1 • �, 1 �w�s�w ra.ttiAfA••s,rA�w.Ar OFfewm"0% `a i AN r. Pr' CV t p ll 6 a . > W J i3 �n i �S 7 � a c a 0 M AsTE_CZ ���AN� 1 N � ��• r UEEOS /� SS�E.SSt",E/.�T 'UM,PAK - ff;,11 � I M;:II g _.,�..�.. -_ - TA N k N pp", ti L / SUMMON _. .. �.. �. __ \� \ I fig %.Awsh NrttA r r -- - - -- TAND�G�R 1.i�K� PPP" " ___ 30 y � W ppp or \ ,,, ! .. ' 'sue '� � �— � ..� ��` ��• yy� 'g. 3 T UI ` � � �_ �► V\iA1E.R 'T2GL UlA6fbat ,� \� COUNCIL MEETING /4:�, To: Mayor Grabek & Orono Council Members SEP 251989 Planning Commission Chairman Kelley Orono Planning Commission Members CITY Of ORONO City Administrator Bernhardson Prase: Jeanne A. Mabusth, Building & Zoning Administrator Date: August 29, 1989 Subject: #1447 Lakeview Golf of Orono, Inc., 405 North Arm Drive Conditional Use Permit Pertinent Ordinances - Section 10.03, Subdivision 19 - Conditional Use Permi-,: required because land alterations involve filling and grading activities in excess of 100 cubic yards of fill. List of Exhibits - Exhibit A - Application Exhibit B - Prop,rty Owners List Exhibit_ C - Plat Map Exhibit D - Engineer's Review Exhibit E - Tee & Greens Area Adjacent to County :toad 151 Exhibit F - Tee & Greens Area At Intersection of North Arm Drive and County Road l:i_ Exhibit G - Greens Area Centrally Located Within Golf Course Review of Application - The City Engineer has completed the review of the Conditional Use Permit as proposed by Mr. Wenkstern. Mr. Lynch reports no adverse effect on the site drainage. Staff recommends approval of the proposed land alterations based on the following conditions: 1. Applicant to obtain land alteration permit from the City prior to commencement of work. 2. Applicant to provide appropriate erosion control upon commencement of work and until ground cover is restored. Additional Comments and Planning Commission Recommendation - September 19, 1989 The Planning Cor:unission unanimously recommended approval of the conditional use permit as proposed by Lakeview Golf of Orono, Inc. The enclosed resolution has been drafted per the Planning Commission's approval recommendation. A RRgOLUTION GRANTING A COND PIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISIONS 19 6 20 FILE #1447 WHEREAS, Grant Wenkstern of Lakeview Golf of Orono, Inc. (hereinafter "the applicant") has an interest in the property located at 405 North Arm Drive within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit to allow grading work in excess of 100 cubic yards for the purpose of improving or expanding tee and green areas on the golAl course property. NOW, THEREFOR ', BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1447. 2. The property is located in the RR-lB Rural Residential Zoning District. 3. The property is approximately 135 acres in area. 4. On September 6, 1989, the Orono Planning Commission reviewed the applicatin and recommended approval of the land alterations in excess of 100 cubic yards for the purpose of improving or expanding greens and tee areas as proposed based on the following findings: A) The City Engineer, in his report dated August 17, 1989, recommended approval of the land alterations as proposed. B) The proposed land alterations are not located within a designated wetland area. C) The proposed land alterations will have no significant impact on the quality or quantity of run- off to Lake Minnetonka. Page 1 of 4 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. 6. The City Council finds that granting a conditional use permit to allow the proposed land alterations will not be be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property wil.1 be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Secticn 10.03, Subdivisions 19 and 20 to allow grading and filling activities that will improve or expand greens and tee areas within the subject property, subject to the following conditions: 1. Applicant to obtain a land alteration permit from the City prior to commencement of work. 2. Applicant to provide appropriate erosion control upon commencement of work and until ground cover is restored. 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by the installation of the pond within one year of the date of Council approval or the special conditions of this resolution will expire on that date (September 25, 1990). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 2 of 4 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of Lakeview Golf or Orono, Inc. its successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 25th day of September, 1989. ATTEST: Dorothy M. Hallin, City Clerk Property Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of September, 1989, by & Acting Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 3 of 4 Exhibit A The North 5/8 of the West 1/2 of the Southwest 1/4, and that part of the Northeast 1/4 of the Southwest 1/4 lying Southwesterly of County Road 43 (North Aran Drive); also that part cf the South 1/2 of the North 1/2 of the Southwest 1/4 of the Southwest 1/4 lying East of the West 500 Feet thereof, and that Dart of the West 500 feet of the South 1/2 of the North 1/2 of the Southwest 1/4 of the Southwest 1/4 1v;ng South of the North 178.45 feet thereof; also that Dart of Government Lot 3 lying Southwesterly of County Road No. 43 (North Arm Drive) except that part embraced in Registered Land Survey No. 1508; and commencing at a point in the West line of the Southeast 1/, of the Southwest 1/4 a distance of 203 feet North from the Southwest corner thereof, then East 400 feet, then North 100 feet, then East 150 feet, then South 303 feet to the South line of the Southeast 1/4 of the Southwest 1/4, then East to the Southeast corner of the Scuthwest 1/4, then North to the Northeast corner of the Southeast 1/4 of the Southwest 1/4, then West to the Northwest corner thereof, then South to the point of beginning; excluding roads; all the above described property located in Section 6, Township 117 North, Range 23 West of the 5th Principal Meridan. CIT`_' OF ORONO - G=nMAL LAND USE A.PPLI ON --------------------------------------------- PROPERTY LOCATION site Address OS �- lrrm priUe-O�o� 7- .23 3-9, o0-62_ Please check one - Property abstract or X torrens?- (for Condit'_onal use Applications onl•�) Please attach legal description to application if not included on required survey. _____________________________ ------------------------ ----------------- phone ( home) C(� fa) y 7.2 - y SZ9 A''PLICANT KeU�twGol•�- o� Qro��o Inc• res�� �R Phone (work) l�IL 1f7.2 - 3,1 Sq Name Gr•a..� IZ� _L�e„�.S�e�� � ( � .-- Property Ides:cification Numner (P.I.D.) Address 7/G Cit�. y slcur�L zip Ss3�y �' ------------------- OWNER (if different than applicant) Phone (home) Name Phone C. Zip Address Date Property Accuirea C\5L1.7 (month/year) I (do) o not also own the ac:acert parcels of land._______________ ------------------------------------------------------------ FEES - CONDITIONAL USE PERMITS - Renewal Fee - 1/2 Current Fee After -the -Fact Fee - Double Current Appl=cation Fee $100.00 a) Residential accessory Use $150.00 b) Institutional (church, sc col, etc.) $150.00 c) Duples Credit/Bldg $250.00 d) Commercial/=rdustr'_al Use $200.00 f) Land Alteration Grading and filling - designated wetland or floodplain _ Grading and filling - 101 cu. yd. more within Grading, seawall, retaining walls wthin i5' of lakeshore PRD/PT_D - see fee schedule OTHER APPLICATIONS $150.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision $250.00 Rezoning $100.00 Appeals Other - see fee schedule RUN DATE 07/20/89 BATCH 002 36 01-117-24 14 0004 PROP ADDR 00325 CO RD NO 19 OIfNER NAME JAHES A EHLERS & WIFE TAXPAYER JAMES A FHLERS NAME/ADDR 325 COUNTY RD 19 % MOUND HN 55364 36 01-117-24 41 0001 PROP ADDR 04801 NORTH ARM DR OWNER NAME J L LINDER d C K GELINE TAXPAYER JOSEPH LINDER & CAMI GELINE MIME/ADDR 4801 NORTH ARM DR HOUND MN 55364 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 36 01-117-24 14 0005 00425 CO RD NO 19 J C A D L MC CORMICK JOHN C MC CORNICK 425 CO RD NO 19 MOUND MJ 55364 36 01-117-24 41 0002 00505 CO RD 1:0 19 DOROTHY E NELSON SCOTT 8 PATRICIA NELSON 505 LO RD 19 MOUND MN 55364 REPORT tIO. PI435401 PAGE 4 36 01-117-24 14 0004 04870 NORTH ArM OR J J 8 R M LUCKIIIG JEROME J LUCKING 4870 NORTH ARM OR IIOU1ID MIN 55364 36 01-117-24 41 0003 00036 ADDRESS UNASSIGNED HARRY R SMITH ETAL MARK 8 CHRISTINE SASS 22690 M J14RAY qT SHOREWOOD MH 55331 J 36 01-117-24 41 0000 PRO" rR 00605 CO RD NO 19 OWNER ' E N L KECK i C A KECK TAXPAI NEAL L i CAROLE A KECK NAME,.uDR 605 CO RD NO 19 HOUND MN 55364 36 01-117-24 44 0001 PROP ADDR 00705 CO RD NO 19 4 OWNER NAME EDW40 P MEEHAN ET AL TAXPAYER EDMAIND E JUDITH MEEHAN j NAME/ADDR 705 CO RD 19 MOUND MN 55364 1 1 ' 38 06-117-23 23 0005 ' PROD ADDR 04a - NORTH ARM OR M: ' OWNEk AME D 3 L I':ERS TAXPA,•.N DANIEL d LI . IVERSON NAME/ADDR 4640 NORTH 1..:1 DR MOLRID NN 55364 36 01-117-24 41 0011 00635 CO RD N0 19 STEVEN R POSTHUMUS STEVEN 8 DEBBIE POSTHUMIUS 635 COUNTY RD 19 HOU)IC M14 55164 36 01-117-24 44 0002 00805 CO RD NO 19 DUANE C MAtISK ETAL DUANE C MANSK 805 COUNTY RD 19 IKIUND MN 55364 ?A 06-117-23 23 0006 04680 NORTH ARM DR W T R GRAMENTZ & M M GRAMENTZ TIMOTHY d MICHELE GRAMENTZ 4680 NORTII ARM OR 6I MOUND MN 55364 36 01-117-24 41 0012 00665 CO RD NO 1Q G 11 IIEJNA d K M HEJNA GARY M & KATHLEEN M HEJNA 665 CO RD NO 19 MOUND FIN 55364 36 01-117-24 44 0004 00695 CO RD NO 1Q T D RIES d R K , CES THOMAS D RIES d ROBIN K RIES 695 CO RD 19 MOUND MH 55364 38 06-117-23 23 0007 04700 NORTH ARM DR W R d D MAIJAI' RA'eMOND G . DOROTIIY MAIJALA 4700 NORTH ARM DR MOUND MN 55364 f` 38 Oi-117-23 23 0008 38 06-117-23 23 0009 38 06-11;-23 23 0010 PROP AD'irk J.�oi'i ADDRESS UttIASSIGNED 0•4740 NCRT11 ARM DR W 04760 NORTH ARM OR W OLM,,It NM ACMIN !1r VETERANS AFFAIRS J & J HEDBERG ADMIN OF VETERANS AFFAIRS Tk kYf.R NORf!hN F A LINDA OESTREICH JOHN A 6 ,,ANICE HEDBERG NORMSN F d LINDA OESTREICH f1. NAFE/rD9R 4!,,.! t'[ORTM ARM DR 4740 NORTH ARM OR 11 4760 NORTH AP11 DR Mk7JND ►ro 55364 IiOUNO 114 553c4 HOUND Ills 55364 i t PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential k Other (specify) Gold CouCSC_ --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe reauest in 11detail: eens 4, ------------------------------•------------------------------.-----_---------- REQUIRED SUBMITT.LS 1. Completed Application Form. 2. Certified Property Owners List of owners within 3501(you can obtain this list from Hennepin County Department of Finance A-603 Government Center 34871) 3. Stamped, legal sized envelopes (=10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. S. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). S. Construction plan, if applicable (see staff for requirements). 7. Plat Map. 3. As an addendum to this application, please attach a senar.ate list of any other persons you wish notified of this application. ------------------------------------- ------------------------------------- rhe applicant and Property Owner must sian this application. Please remember that your application J.s not complete if the above information has Lot been included. ----- ----------------------------------------------------------------------- I tificati.-: by Zoning Department that Land Use Application is complete. zoning Officials Signature Date --------------------- ------------------- . 'LICANT'S SIGNATURE 'he applicant hereby agrees to provide all information required or -aquested by the Zoning Administrator, agrees to pay all fees and/or :nusua' Lox: -•-ises incurred in review of this application, and certifies that _he i:.,,;r.Nation supplied is true an correct to the best of his/her :nowledge. pplicant's signature ' er,,, ,-Date 7 �4Z / WNERS SIrNATURE he owner hereby acknowledges and agrees to this application and further uthorized reasonable entry onto the property by City staff, consultants, gents, commission members, and Co ncii members for purposes of zvestigation and v Z. ificati= of .hi equegt. Zi� - / a.,,Date G% caner' s signature ,�- - c� -----------------------------------------------------; --------------- .:-plicant must have all submittals into the City offices 25 days before the lanning Commission Meeting. Planning Commission Meetings are held on the gird Monday of each month. Applicants must be present at all scheduled sview meetings of the Planning Commission and Council. If an applicant is .nable to attend a scheduled meeting, please make arrangements to have an uthorized agent attend in your place and advise the Building & Zoning Tice of this change prior to the meting. RUN DATE 07/20/89 k BATCH 002 38 06-117-23 23 0011 PROP ADDR 0035U NORTH SHORE DP W OWNER NAME A V A S L BLAKSTVEDT TAXPAYER ANFIN V BLAKSTVEDT NAME/ADDR 350 H NORTH SHORE DR r MOUND NII 55364 38 06-117-23 24 0008 PROP ADDR 00370 NORTH ARM LA OWNER NAME R A H SMITH TAXPAYER ROSCOE S A HARRIET C SMITH r NAME/ADDR 370 NORTH ARM LANE MOUND MN 55364 38 06-1)7-23 31 0003 PROP ADDR 00440 NORTH ARM DR OWNER NAME R A P STERNAU ( TAXPAYER RENE A PATRICIA STERNAU NAME/ADDR 440 NORTH ARM DR MOUND MN 55364 A 38 06-117-23 31 0006 PROP ADDR 00038 ADDRESS UNASSIGNED OYQIER NAME DAVID E CATLIN TAXPAYER EZZAT MOUSSA NAME/ADDR 7102 TEAKWOOD CIR MAPLE GROVE MN 55369 r 38 06-117-23 32 0002 r PROP ADDR 00405 NORTH ARM OR OWNER NAME LAKEVIEW GOLF OF MTKA INC TAXPAYER LAKEVIEW GOLF OF MTKA INC NAME/ADDR 855 RED OAK LANE ROUND MN 55364 38 06-117-23 33 0003 PROP ADDR 00710 NORTH SHORE DR W OWNER NAME G A V WENKSTERN TAXPAYER GRANT R PIENKSTERN N NAME/ADDR 710 N SHORE DR W MOUND !IN 55364 I � �j 1 (+ a i t HEIINEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 06-117-23 23 0012 04780 NORTH ARM DR W DORATHY FORCIER DORATHY F FORCIER 343 HEATHER LA BSE APT LONG LAKE MN 55356 38 06-117-23 24 0011 00366 NORTH ARM LA M A M LARSON HARK J A M LARSON 366 NORTH ARIL LA MOUND HN 55364 38 06-117-23 31 0004 00036 ADORES`_' UNASSIGNED T J A S J WANNER THONAS J A SUSAN J WANNER 5164 DANENS DR EDINA MN 55435 38 06-117-23 31 0007 00560 NORTH ARI1 DR T A S MAZER THOMAS D A SUSAN S MAZER 560 NORTH AR11 OR MOUND IiN 55364 38 06-117-23 33 0001 OG660 NORTH SHORE DR W J A M BARUTII JAMES E A MARGIE T BARUTH 6b0 NORTH SHORE DR W HOUND f1l 55364 38 06-117-23 33 6004 04700 WEST BRANCH RD JACK D A JUDY A KRAAL JACK D KRAAL 4700 W BRANCH RD MOUND MN 55364 REPORT NO. PI435401 PAGE 5 38 06-117-23 24 0006 04590 NORTH ARM DR W D C OLSON A V S OLSON DONALD C OLSON 4590 NORTH ARM DR W HOUND H1l 55364 38 06-117-23 31 0001 00420 NORTH ARM OR L M OUNSIIORE A B J DUNSMORE LAVERNE M A BARBARA DUNSIK)RE 420 NORTH ARM DRIVE HOUND HN 55364 38 06-117-23 31 0005 00520 NORTH ARM OR P A L HANSSEN PAUL S LEANN HANSSEN 520 NORTH ARM DR MOUND MN 55364 38 06-117-23 31 0009 00500 NORTH ARM OR M D A H J HOY MATTHEW D A HEIDI J HOY 500 NORTH ARM DR MOUND M14 55364 38 06-117-23 33 0002 04760 WEST BRANCH RD R A D IIAAG ROBERT S HAA; 4760 W BRANCH RD MOUND MN 55364 38 06-117-23 33 0005 0OC38 ADDRESS UCJASSIGN�u LAKEVIEN GOLF MTKA LAKEVIEW GOLF OF MTKA INC 855 RED OAK LANE MOUND IIN 55364 0 r 1 RUN DATE 07/20/89 r BATCH 002 38 06-117-23 33 0006 It- PROP ADDR 04680 WEST BRANCH RD ' OWNER NAME JOHN E BAKER TAXPAYER JOH14 E BAKER NAME/ADDR 4680 W BRANCH RD MOUND HN 55364 38 06-117-23 34 0001 PROP ADDR 04580 HEST BRANCH RD OWNER NAME DONNA E HAGER ' TAXPAYER OOtU1A E HAGER (" NAME/ADDR 4580 H BRANCH ROAD MOUND HN 55364 38 06-117-23 42 0005 PROP ADDR 00580 NORTH ARM DR 0144ER NAME B V JOHNSON A P R JOHHSON TAXPAYER BRYCE V A PAULA R JOHNSON NAME/ADDR 580 NORTH ARtt DR MOUND tN 55364 i 38 06-117-23 43 0002 PROP ADDR 00680 NORTH ARM DR OWNER NAME RICHARD D HOLLANDER TAXPAYER RICHARD D HOLLANDER NAME/AOOR 3548 COLFAX AVE S MPLS HN 55408 38 06-117-23 43 0005 PROP ADDR 00710 NORTH ARM DA OWNER NAME JERRY D OLSON ETAL TAXPAYER JERRY D OLSON NAME/ADDR 710 NO ARM DR MOUND MN 55364 I1 F 78 L6-117 23 43 0008 PROP ADDR i : 760 NORTH ....1 DR OWNER NAME WALFRID LARSON ETAL TAXPAYER WILLIAM SCHMITT NAME/ADDR 750 NORTH ARM OR MOUND IN 55364 i HENNEPIN COUNTY PROPERTY IIIFORIIATIO14 SYSTEM PROPERTY GIRDERS L;'-T 38 06-117-23 33 0007 00038 ADDRESS URIASSIGNED LAKEVIEW GOLF OF 11TKA INC LAKEVIEW GOLF OF IITKA IIJC 855 RED OAK LANE MOUND t41 55364 3B 06-117-23 34 0002 00030 ADDRESS UVASSIGNED LAKEVIEW GOLF OF tIItT:ETOtJKA LAKEVIEII GOLF OF IIIIJIJETOtJKA 855 RED OAK LA MOUND MN 55364 30 06-117-23 42 0006 00036 ADDRESS UNASSIGNED VICTORIA ESTATES HOME0IRIERS VICTORIA ESTATES HOFIEOIiNERS C/O THOMAS 11AZER 5b0 NORTH ARM DR MOUND MN 55364 38 06-117-23 43 0003 00700 NORTH ARM DR GREGORY M HARTY GREGORY M HARTY 700 NORTH ARII OR ROUND tRN 55364 38 06-117-23 43 0006 00740 t ORTl1 ARM DR E G E HAGBERG ETAL E G HAGBERG 740 NO ARII DR MOUND tR1 55364 38 06-117-23 43 0009 00770 NORTH ARM DR LARRY W JOEL ET AL LARRY W JOEL 7/0 NORTH ARM RD MOUND IRO 553c,4 'SPORT 110. PI435401 PAGE 6 38 06-117-23 7. 0008 04640 WEST BRAtICH RD M L A J F SCHULTE MICIIAEL L SCHULTE 4640 W BRANCH RD MOUND MN 55364 38 06-117-23 34 0003 04520 WEST ORANCH RD R H HADDEN ETAL R H HAODEIJ 4520 WEST BRANCH RD MOUND t41 55364 38 06-117-23 43 0001 00650 NORTH ARM DR J BRAUCHLE A E SCHOONOVER JEFFREY R BRAUCHLE AND i ELISA M SCHOONOVER t 650 NORTH AR11 DR MOUND MN 55364 38 06-117-23 43 0004 . 00720 NORTH ARM OR J S LEECII A V E LAIS-LEECH J S LEECH A V E LAIS-LEECH 720 NORTH ARM OR HOUND 11N 55364 38 06-117-23 43 0007 00750 NORTH ARM DR 14ILLIAM SCHtIITT W L SCHMIfT 750 N ARII DR MOUND MN 55364 38 06-117-23 43 0010 00780 HORTH ARM DR 0 A CARLS011 A 11 C RAY D A CARLSM! 6 M C RAY 7P5 r.0 ARti OR MOUND tRI 55364 0 RUN DATE 07/20/89 HENNEPIN COUNTY PROPERTY INFOR11ATI014 SISTEM REPORT NO. PI43S401 ( PROPERTY 0N14ERS LIST PAGE 7 BATCH 002 38 06-117-23 43 0012 38 06-117-23 44 0001 38 06-117-23 44 0016 E PROP ADDR 00645 NORTH ARM OR 00790 NORTH ARM DR 00800 NORTH ARM DR OWNER NAME KEITH E WEEKS V H LARSON & S A LARSON R M FRANZEL ET AL TAXPAYER KEITH E WEEKS VINCENT H LARSON RICHARD M FRANZEL ' NAME/ADDR 645 NORTH ARM DR 790 NORTH ARM OR S 800 NORTH ARM DR HOUND HN 55364 MOUND 1114 55364 HOUND IIN 55364 k 38 07-117-23 11 0008 38 07-117-23 12 0001 38 07-117-23 12 0004 PROP ADDR 00835 HINDJAI4IER LA 00038 ADDRESS UNASSIGNED 00000 FOREST APHS LA ._ ..r OWNER NAME 11ARGARET A BLAZEK LAKEVIEW GOLF OF MTKA T':r: R W BONNEIIA d J R BONNEMA TAXPAYER MARGARET A BLAZEK LAKEVIEW GOLF OF MTKA INC ROBERT W & JANIS R BONNEIIA NAME/ADDR 835 WINDJAMMER LANE 855 RED OAK LANE 800 FOREST AR11S LA MOUND MN 55364 HOUND HN 55364 HOUND 1tN 55364 ' 38 07-117-23 12 0005 38 07-117-23 12 0006 38 07-117-23 12 0007 ' PROP ADDR 00830 FOREST ARMS LA 00860 FOREST ARMS LA 00890 FOREST ARMS LA OWNER NAME T K SAMUEL E A SAIIUFI. ROYETTA I MARCOTTE D J FARLEY & E C FARLEY TAXPAYER T K A A SAMUEL ROYETTA I 11ARCOTTE D J FARLEY E E C FARLEY NAME/ADDR 830 FOREST ARMS LANE 860 FOREST ARMS LA 890 FOREST ARMS LA HOUND MH 55364 MOUND 101 55364 ORONO 1TN 55364 38 07-117-23 12 0009 38 07-117-23 12 0010 38 07-117-23 12 0011 1 PROP ADDR 00038 ADDRESS UNASSIGNED 00038 ADDRESS UNASSIGNED 00825 FOREST ARIIS LA OWNER NAME G B BORKOW d M A VOLPE It d 11 IIC ELLIGOTT J d 11 BURC11 TAXPAYER GEORGE BORKOW/MARILYN VOLPE HICHAEL & MARY IIC ELLIGOTT JOHN C & MARION BURCH NAME/ADDR 805 FOREST ARMS LA 815 FOREST ARMS LA 825 FORREST ARHS LA ORONO MN 55364 MOU14D I1N 55364 MOUND tiN 55364 I 38 07-117-23 12 0028 38 07-117-23 12 0029 38 07-117-23 12 0030 �. PROP ADDR 00865 WINDJAMMER LA 00860 NORTH ARM OR 0087L WINDJAKIER LA • OWNER NAME GERALD R HELGREN d WIFE R 8 J DAVISSON IIARY J VOGEL TAXPAYER GERALD R HELGREN RONALD & JUDITH DAVISSON MARY J VOGEL i NAME/ADDR 865 WINDJAMMER LANE 860 N AR11 OR 875 WINDJAIPIER LANE MOUND MN 55364 HOUND 141 55364 MOUND NJ 55364 — f r i C 38 07-117-23 21 0014 38 07-117-23 21 0015 38 07-117-23 22 0014 PROP ADDR 04505 WEST BRANCH RD 00455 WEST BRANCH RD 04625 WEST BRANCH RD OWNER NAHE ROBERT R PAULSEN JANE E KLINE J A S J D RUCF TAXPAYER ROBERT R PAULSEN JANE E KLINE JOHN A d JOYCE D RUCE NAME/ADDR 4505 WEST BRANCH ROAD 4455 WEST BRANCH RD 17950 FAIRHOIIES LA MOlR10 1N 55364 MOUND HN 553b4 WAYZATA 114 55391 r i RUN DATE 07/20/89 BATCH 002 PROP ADDR OWNER NAME TAXPAYER TOTAL BATCH NAME/ADDR A 002 00072 HEHNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 PAGE 8 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEP84EPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE 74)4 BY ,iJ::IJ :. t.. ....ter.. ..�._w.:I.�l•.i `�•�—a�.r '1./. '.- 0I-1I7- of �a- I Bones t roo Otto G 8oneuu. PE Robert W Rothe PE Joseph C Anderl,t. PE BlaRosene RKaod A Lrnef PE PE aKnaro E ivrner PE Anderiik & Associates Jaen ` Cook. PE Glenna Cook PE Thomas E Noyes, PE Robert G Schurmcht. PE Marva L Sorvara, PE Engineers & Architects August 17, 1989 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Jeanne Mabusth Re: 139-1447 Lakeview Golf Course Reconstruction of,), Tees and x Creens v 3 Dear Jeanne: Kenn A Gordon. PE RKhW W Poster PE Donaw C Blrrgardr. PE Jerry A Bourdon. PE Mart A Manson PE Ted K Fed. PE %tcMar1 r Rautmann PE Rooert R PkHene. PE Davd O LOA= PE Thomas W Peterson. PE MKhael C Lynch. PE James R M..xxf PE Kenneth P Anderson PE Ke,rh A vachmann. PE Mart R Roh PE ROOM C RUSSet. A 1 A Thomas E A ngui PE Howard A S&Vwa. PE D~ J Edgerton PE Mart A SM PE Phmp J CasNeu PE Mart D Writ PE Thomas R Anderson, A I A Guy F Rynander PE Cts"I A EnCkSon Leo M F~4Ay Haman M Ohon Susan M EDern, CPA We have reviewed the proposed reconstruction work Lpon greens and tees at the Lakeview Golf Course. The earth work prepared will not adversely affect the site drainage. If you have any questions, please contact this office. Yours very truly, BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC. Michael C. Lynch MCL:df 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 4. Topographic Survey for Lakeview Golf Course in Section 6-117-23 Hennepin County, Minnesota Q \ 1 t 1 PJtow e � \ 1 I / 1 Aso, 10 \ COUNTY 'ROAD [�OAD 6°N 0 . �51 Scale 1 inch = 50 feet COFFIN & GRONBERG, INC. Date 7-26-89 Engineers, Land Surveyors and Planners Datum Mean sea level Long Lake, Minnesota Qvv-- Existing contour --j59EV1 . ' Proposed contour m Topographic Survey.. for Lakeview Golf 'Course in Settion 6-117-23 Hennepin County, Minnesota x 1 II I11 �. �• Ali 10 ly- 1 I1 i q Topographic Survey of Lakeview Golf Course in Section 6-117-23 Hennepin County. Minnesota Scale 1 inch = 50 feet COFFIN 6 GRONBERG, INC. Date 7-26-89 Engineers, Land Surveyors Datum Mean sea level Long Lake, Minnesota _ _Yrf_ _ Existing contour —j— . Proposed contour and Planners COUNCIL MEETING / 7 SEP 2 51989 eo'�To: Mayor Grabek & Orono Council Members CITY OF ORONO Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson ':prom: Jeanne A. Mabusth, Building & Zoning Administrator Date: August 29, 1989 Subject: #1450 Ward E. Edwards, 2474 Carman Street Renewal Variance - Public Hearing Zoning Districts - The building site is located in the LR-lB zoning district.. A portion of the property north of the lagoon is zoned LR-lC-1. Pertinent Ordinances - Sectior. 10.22, Subdivision 1 & Section 10.55, Subdivision 8, request to encroach 75' setback area. allowed = 0 proposed = 50' Section 10.22, Subdivision 2 - hardcover variance within the 0-75' setback area. a. allowed = 0 proposed = 2,960 s.f. or 15.8% 75-250' setback area allowc = 2,813 s.f. or 25% proposed = 3380 s.f. or 36% b. Applicant also seeks an average lakeshore setback variance to lagoon side of roperty refer to attached survey Exhibit F. List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Resolution #1838 Exhibit E - Resolution #1288 Exhibit F - Survey Review of Application - Applicant seeks renewal of varic the above referenced sections of zoning code to construt w residence on the vacant lot. This will be the 2n.i ren ariance of original approved in 1985. (Refer to Exh�.bit )) ,ust recent renewal variance was approved i-i June of 19c,8. iew Exhibit E) Staff recommends approval of the current renewa.L variance application based upon the findings and conditions noted in Resolution #2462. W Zoning File #1450 Page 2 Additional Comments and Planning Commission Recommendation - September 19, 1989 The Planning Commission quest4r�ned the applicant regarding his current building schedule notin< <at this would be the third renewal of this setback variance Iglication. Mr. Edwards advised that he proposed constructi i -his fall. The Planning Commission unanimously approved the 1 -ewa l variance application that would seek approval of an a-.ecage lakeshore setback variance, lakeshore setback variance and hardcover variance within the 0-75' setback area based on the findings and conditions set forth in the enclosed resolution. 9- A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 i 2 FILE #1450 WHEREAS, Ward E. Edwards (hereinaftP•r "the applicant") is the owner of the property located at 2474 Car.,,an Street within thL City of Orono (hereinafter "City") and legally described as follows: Lot 11, Block 6, Townsite of Langdon Park, Hennepin County, Minnesota (hereinafter ''the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.55, Subdivision 8 to allow the construction of a new home located partially within the 0-75' lakeshore setback area where no structures are allnwP'. and requesting a-riance to Section 10.22, Subdivision 2 to low a total of 2," %re fe,jt of hardcover or 15.8% in the 0-75' setback zc he built,=ng site, where no hardcover is allowed, and to a.. 380 square feet of har_, :over or 30.0E in the 75-250' .i are setback zone at the building site, where only 25% hardc.,,sr is normally allowed, and is requesting a variance to the average lakeshore setback from the lagoon on north side of the building site. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: F TNDINGS 1. This application was s_­%iewed -s Zoning File #1450. 2. The portion of --hcs propert ,e used as a building site is located ir: the LR-lB Single Family Lakeshore Residential Zoning District, and the portion of the property north or the lagoon is zoned LR-lC-1, One -Family Lakeshore Residential Sub -District. Page 1 of 6 3. Resolution #1838 adopted by the City Council on August 26, 1985 and Resolution #2462 adopted by the City Council on June 27, 1988 approved the proposed variances based on specific noted findings and subject to specific noted conditions. The applicant has never started construction pursuant to the directives of the variance approvals, and the current variance expired on June 27, 198 . On July 29, 1989, the applicant applied to renew the variances previously granted, with no changes from his original request. 4. The Orono Plaaning Commission reviewed this application on September 6, 1989, and recommended approval of the prop--,:!d variances based upon the following findings: No lot width variance is required since the 125' .Lot width meets 80% or more cf the 140' requirement. B) A number of met`- .)ds can be used in determining the actual percentages of hardcover on the property. i. Based on crediting only the land at the building site, the 0-75' hardcover proposed is 2,960 square feet or 15.8% and in the 75-250' zone is 3,380 square feet or 30.0%. ii. Based on also crediting the northerly portions of the property for the hardcover calculations, 0-75' hardcover is 2,960 square feet or 10.5% and in the 75-250' zone is 3,380 square fz _ or 10.2%. iii. Based on calculating 0-75' and 75-190' from the lagoon, only crediting the Luilding site, and with drainage all directed to tale lagoon, 0-75' lagoon setback hardcover is 14.9% (all existing driveway), in the 75-190' lagoon setback is 34.4%, And in the lakeshore �0' setback is 0%. Applicant should not be penalized for the existing ,!+_iveway hardcover in the lagoon 0-75' zone, and in fact his driveway proposal minimizes the additional driveway hardcover required. Page 2 of 6 r� D) The neighbor's request for the lakeshore setback and average setback variances to allow for the least disruptive sightlines, to maintain uniformity, and the capability to direct all drainage over 100' of relatively flat lawn area, justify the granting of a variance to the lakeshore setback. E) The unique characteristics of the property, i.e. the proposed building site separated from the rest of the property by a lagoon, constitutes a valid hardship to the property. F) The variances can be granted without permanent crediting of the lot area north of the lagoon. 5. The City Council in reviewing this parcel finde *hat the property taken ir. •.s entirety, including area north of the lagoon, meets or --eeds the 1 acre : -)t area requirements for the LR-lB Zor.iag District. 6. The City Council has considered this application including the findings and recomnendat-_ons of the Planning Commission, reports by City staff, com*.gents by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 7. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zo^ing district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardsnip 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 6 M CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.55, Subdivision 8 to allow the construction of a new home located partially within the 0-75' lakeshore setback area where no structures are allowed, and grants a variance to Section 10.22, Subdivision 2 to allow a total of 2,960 square feet of hardcover or 15.8% it the 0-75' setback zone at the building site, where no hardcover is allowed and to allow 3,380 square feet of hardcover or. 30.0% in the 75-250' lakeshore setback zone at the building site, where only 25% hardcover is normally allowed, and grants a variance to Section 10.22, Subdivision 1, to allow encroachment of the average lakeshore setback from the lagoon (or north) side of the building site, subject to the following conditions: 1. All drainage from the proposed house must be directed toward the lagoon to gain the maximum possible infiltration time and distrance. 2. A side grading plan must b , submitted for staff approval �..� prior to issuance of a building permit. 3. Applicant is placed on notice that future additions of hardcover at the building site will not automatically be approved and would likely be subject to removal of equivalent amounts of existing hardcover. 4. Lowest floor elevation must b% 932.5 MSL or higher. 5. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (September 25, 1990). 6. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 4 of 6 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 25th day of September, 1989. ATTEST: Dorothy M. Hallin, City Clerk Property Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of September, 1989, by & Dorothy M. Hallin, Acting Mayor & City Clerk of the city of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 5 of 6 N ,Receipt — ram" CITY OF ORONO - VARIANCE AP TIOi� Initial Application Fee $150.00 ($50.00 per each additional variance) - Reaewai_ Variance Fee 15.00 no change from original application) After -the -Fact Fees (Double application fea) ---- ---- --------------------------- hw ---r- �S C b� PROPERTY LOCATION Site Address � G � �l 2-7CACNC Property Identification Number (P.I.D.) �C W7 Please check one - Property )( abstract or torrens? Attach legal description to application if not included on required survey. _-_----- _ _ ------------------------------- '' l -2 --- Phone ( home )�'�� Q �Z7 � � O APPLICANT Name ujAkb r, Phone 'work)�t�-t��[�_— Address:�.� r cD L &-A/t4wtsT Ci�ty:ST, LcLL(S PAA« -Zip_ 55 T�6---- ---------------------- -------------- OWNER ( if different than applicant) Phone ( hcme ) Name -a is P-S- As A 8QU� _ Phone (work) Address: City: Zip: �+; Date Property Acquired CC-T 4 C'C (month/year I (do)_(do _ot--also _own -the -adjacent -parcels -of- land _-_------_LQS- -_ PRESENT USE OF PROPERTY Present Zoning District Present Use of Property A C/4 A -r LAV D Residential Other (specify) ---- -------c--------- DESCRIPTION OF REQUEST Estimated Construction Cost $ j �r a^ � 1,r6 1V'GC� De scribe request in detail: r A AtA irA R l A -.- /Q 4'u-� -- HACK& TK bi 'Z S' ?=CC T � ------------- VARIANCES REQUIRED Lot Area Setback Variances Oth :r Lot Width ( STI Front Hardcover Side Rear) .11 HARDSHIP Describe undue hardship or practical difficult resulting from strict enf orcement of zoning regulations: tI TTA Cj. ---------------------------------------- ------------------------ aCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements:_ r ACA REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). 4. Certificate of survey including hardcover calculations as required. 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6. Plat Map (obtained with property owners list). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. ---------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above info. --nation has not been included. ---- ----------------------------------------------------------- --,rtification by Zoning Department that Variance Application is complete. "-Zoning Official's Signature Date ---- ----------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. % % �iaj Applicant's Signature �� L�`C� --Date ` ` OWNERS SIGNATURE The owr.er hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investiga- tion and verification of this request. /Q Owntr's Signatur. Date 2-7 L ` e� _---------------------------- --------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Conmiissi.on Meetings are held on the third Monday of each month. Applicants must be present at all scheduled 4- view meetings of the Planning Commission and Council. If an applicant is able to attend a scheduled meeting, please make arrangement- to have an 'authorized agent attend in your place and to advise the building S Zoning Office of this change prior to the meeting. RUN DATE 04/29/85 ' ' HEIOIEPIII COUNTY PROPERTY INFORliATIO11 SYSTl11 REPORT FIO. PI435401 PROPERTY OWNERS LIST PAGE 1 BATCH OOl 38 17-117-23 43 0091 38 17-117-23 43 0092 38 17-117-23 43 0093 PROP ADOR 03496 SHORELINE 5. 034dO SHORELINE DR OWNER NAME DAVID CHARLES BIE DAVID CHARLES DIE L�JjC 4 JOYCA- Sco-L+ Ic TAXPAYER DAVID C BIE - DAVID C BIE NAME/ADDR 1910 SHADYWOOD ROAD 1910 SHADYWOOD ROAD 3 a $ , br 8QLn-1a S PO WAYZATA MN 55391 WAYZATA 11H 55391 WAQ*fA-MN—S5tW N1n/1t-/.�nl"u. z"C tl/V �s if 38 17-117-23 43 0094 38 17-117-23 43 0113 38 17-117-23 43 0114 PROP ADDR 03472 SHORELINE DR 03502 SIORELI14E OR OWNER NAME �6EOQGE. EI?IPER JR DAVID S PETERSO11 GOLOEII VALLEY STATE DAUK TAXPAYER _$FORGE_l-PIPER LOWELL P. IITZLOFF `' ��- 101JELL R ZITZLOFF _ NAME/ADDR 34Z0_SIIORELINE OR 1005 E WAYZATA DLVU 1005 WAYZATA BLVD WAYZATA MN S5391 WAYZATA MII 55391 WAYZATA till 55391 38 20-117-23 12 0001 38 20-117-23 12 0002 38 20-117-23 12 0003 PROP ADDR 02400 CARMAN ST 02416 CARMAN ST OWNER NAME EDNARD T A GLORIA A LEHMAII EDWARD T LEIIIIANi ETA[ EDIIARD T LEIIIIAN ETAL TAXPAYER EDWARD T A GLORIA A LEHMAN EDWARD A GLORIA LEIRIA11 EDWARD A GLORIA LEHMAII HARE/ADDR 2470 CARMEN ST 2470 CARMAN ST 2470 CARHAII ST WAYZATA MH 55391 WAYZATA h11 55391 WAYZATA MII 55391 38 20-117-23 12 0009 38 20-117-23 12 0010 38 20-117-23 12 0027 PROP ADDR _ OMER NAME ELLEN M BUTLER ELLEN H BUTLER WARD E TOWARDS ✓ TAXPAYER LAVERNE A BUTLER LAVERNE A BUTLER WARD E EDIIARDS NAME/AOOR 10685 CTY RD 43 10685 CT'i RD 43 3545 GLENHURST AVE r CHASKA MN 55318 CHASKA MN 55310 ST LOUIS PARK till 55416 38 20-117-23 12 0028 30 20-117-23 12 0033 38 20-117-23 12 0040 PROP ADDR 02480 CARHAII ST 03465 SHORELINE OR 02414 CARMAN ST OWNER NAME RICHARD A EDWARDS ✓ G.P.H. CCIIPA14Y T 1 0 1.I110 TAXPAYER RICHARD A EDWARDS ALECK G OVERSO11 '" TIIOl1AS A LIND i HARE/ADDR CTY RD 15 BOX 127 GA49-ilU65Ett-Ayt 'J 2414 CARHAII ST NAVARRE WI E5392 M?L6-iW ball /�c, tJJ WAYZATA till 55391 38 LI-117-23 12 0041 30 20-117-23 12 0042 30 20-11;'-23 12 0043 PROP ADDR 02470 CARIIA14 ST OWIER NAME EDWARD T LEHMAII A WIFE EDWARD T LEIIIIAN A WIFE EDWARD T LEIIIIAN A WIFE TAXPAYER EDWARD T LEHMAtl EDWARD T LEIRIAt EDWARD T LEIRIAII HAHE/ADDR 2470 CARMAN ST 2470 CARMAti ST 2470 CARHAll ST WAYZATA WI 55391 WAYZATA t0l 55391 WAYZATA till 55391 RUH DATE 04/29/85 BATCH 001 36 20-117-23 12 0048 PROP ADOR OWHER HARE CITY OF OROMO TAXPAYER CITY OF ORONO 11AME/ADDR BOX 66 CRYSTAL BAY 1v1 55323 PROP ADDR OMER NAME TAXPAYER TOTAL BATCH 001 00021 11AME/ADDR HEIOIEPIII COUIITY PROPERTY I11FOMIATIOII SYSTEH PROPERTY OWIIERS LISF 30 20-117-23 12 0049 ETIGAWHIM EDWARD T i GLORIA A LEIIHAN 2470 CARMAN ST WAYZATA HN 55391 38 20-117-23 12 0055 Daryl L Uphoff et al Daryle L Uphoff 2497 Kelly Avenue Excelsior, MN 55331 REPORT 140. PI435401 PAGE 2 38 20-117-23 12 0050 RICHARD A EDWARDS RICIIARO A EDWARDS DOX 127 NAVARRE 1R1 SS39I I CERTIFY THAT THE FACTS REPRESE11TE0 ARE AN ACCURATE AND TRUF REPRESENTATI011 OF IIIFOPIIATIC14 AS IT APPEARS THIS DATE 011 THE RECORDS OF TIIE HE111101111 COU111' O'PARIMENT OF PROPERTY TAXATI011. -0 TIIE BEST OF MY KMOWLEDr, AND F.ELIEYZ4' GATE �]Y s .�% 11 i 10 j V a 7 •1 • 6 • 2 I` • yG •� i ' (, i rl� I� W' �Ii i1., i(�1! i!1�} i � 1{,s� ���) (°��, �i I I��•1! �. • - �- -. I-- i 1� i- �- i - t CC �• __ .� � � { r }• to I� Nt 7 14 Is 16 17 IO ; 19,' 20I21 22 23 124 Q Is ' IS,17 i in! 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A•f,ol Phol 2.0-117 rti . v� • N i _ J Did �.,�-�- City of ORONO RESOLUTION OF THE CITY COUWIL of JON A RZSJLUTION GRANTING A VARIANCE TO WNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 i 2 AND SECTION 10.44, SUBDIVISION 8 - PILE 1932 WHEREAS, Ward E. Edwards (hereinafter 'the applicant') is owner of thu property located at 2474 Carman Street within the City of Orono (hereinafter 'City') and legally described as follows: Lot 11, Block 6, Townsite of Langdon Park (hereinafter *the property'); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.22, Subdivision 1 and 10.55 Subdivision 8 to allow the construction of a new home located partially within the 0-7:;' la'eshore setback area where no structures are allowed, and requesting a variance to Section 10.22, Subdivision 2 to allow a total of 2,960 square feet of hardcover or 15.6% in the 0-75' setback zone at the building site, where no hardcover is allowed and to allow 3,390 square feet of hardcover or 30.0% in the 75-250' lakeshore setback zone at the building site, where only 25• hardcover is normally allowed, and is requesting a variance to the average lakeshcre setback from the lagoon or north side of the building site. HUM, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as zoning file i932. 2. The portion of the property to be used as a building site is located in the LR-1B Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on June 17, 1985, and rt.:ommended approval of the proposed variance based upon r,,.e following findings: A) No permanent crediting of the land north of the lagoon is required. B) No lot width variance is required since the 125' lot width meets 80% or more of the 140' requirement. C) A number of methods can be used in determining the actual percentages of hardcover on the property Page 1 of 5 NEW City of ORONO RESOLUTION OF THE CITY COUNCIL CITY NO. OF R • (1) Based on crediting only the land at the building site, the 0-75' hardcover proposed is 2,960 square feet or 15.8% an;: in the 75-250, zone is 3,380 square feet or 30.0%. (2) eased on also crediting the northerly portions of the property for the hardcover calculations, 0-7 5' hardcover ty ;;,:: is 2,960 square feet or 10.5% and in the 75-250' zone is &RA t, 3,360 square feet or 10.21. (3) 3ased on calculating 0-75' and 75-190, from the lagoon, only crediting the building site, and with drainage all directed to the lagoon,0-75' lagoon setback hardcover is 14.91 (all existing driveway), in the 75- 190' lagoon setback is 34.4%, and in the lakeshore 0-50' setback is 01. D) Applicant should not be penalized for the exist:nq driveway aardcover in the lagoon 0-75' zone, and in fact his 4r`iveway Proposal miniaizes the additional driveway hai�icovar required. wajs E) The neighbors' request for the lakeshore setback and average setback variances to allow for the least disruptive sightlines, to maintain uniformity, and the capability to direct all drainage over 100' of re).-ir;vely flat lawn area, Justify the granting of a variance t + lakeshore setback. P) The unique characteristics of . property i.e. the proposed building site separate+ fro!. the rest of the property by a laq.ocn, constitute a Val. hardship to the property. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by city staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 5 J �'�jam. r4\L�l�`.1 .,`!.c'.r!f�4N';T"l-ay, .~ii'72`�".^. �c , �Y�;J is :3 ��/!v. (�,'•'vV+''.i.�'fT�4 {6��l i.i•v .. !R�bYr�.,. ww RIVAL L City of ORONO RESOLUTION OF THE CITY COUNCIL CITY O. OF ORONO 8. The City Council finds t.i. ditions existing on this property are peculiar :.ai .apply generally to other property in this zoning dib nat granting the variance would not adversely affect t_ anditions, light, air nor pose a fire hazard or other dar._ . to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Ba:.ed upon the above findings, the Gronc :.ity Council her. -,by grants a -affiance to the Municipal Zoning Code Section 10.2., Subdivisi�_ and Section 10.55, Subdivision 8, to allow the construction of a new home located partially within the 0-75' lakeshore setback area where no structures are normally allowed, and grants a variance to Section 10.22, Subdivib:on 2 to allow a total of 2,960 square feet of hardcover (or 15.8%) in thv 0-75' setback zone at the building site wh^re no hardcover is allowec', and to allow 3,380 square ;*et of hardc., per (or 301 } in the 75-250 keshore setback zone at the u .;lding site, where only 25% hardcover .,)rmal-, allowed, jond grants a variance to Section 10.22, Subo.rision 1, to -il'-w encr,achment on the average lakeshore setbac:. :rom the lago�,r. (fir north)side of the building site, subject to the following conditions: 1. All drainage from the proposed hou- must be directed towasd the lagoon to gain the maximum ►• ?-.:.ble infiltration time and distance. 2. A site grading plan mu. Le submitted .'cr s' f approvwl prior to issuance of a bu:idinc; peimit. 3. No fut•ir­ hardcover it allowed on this property in the 0-75' srtbac.< .. )r- on the north side of the lagoon. ;.pplicant is placed on notice that future additions of '.ardcover at the building site will not aut ;.-ati:...:1iy be approved end would likely be subject to removal of equivalent amounts of existing hardcover. Page 3 of 5 E I '. City of ORONO RESOLUTION OF THE CITY COUNCIL CITY NO. OF ORONO 4. Lowest floor elevation must be 932.5 MSL or higher. 5. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (July 8, 1985). 6. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and :hall be punishable as a misdemeanor. 7. The undersigne3 applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his ticrs, successors and assigns, hereby agrees to the of this resolution in the chain of title of the rroperty. Adopted by the Orono City Council on this 8th day of July, 1985. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor - (1) Property owner 2) Property Owner Spouse Spouse 1111'\ �j�trwe�i�ir.�ti.a..y:•�.4i••��4�7�"`f'''?1:4�... • i � . ' :�,,.•��;;�..f,_.�, - . • „►; � 5472790 X_ City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2462 TRAI NFU ENTERED DEPT OF PAROPE', (Y ?AY S PUEt .0 RECORDS Nov 4 =8 A RESOLUTION GRANTING A VARIANCE TO y�U.: MtNN. MUNICIPAL ZONING CODE `v 0EPUTY SECTION 10.22, SUBDIVISIONS 1 i 2 AND SECTION 10.55, SUBDIVISION 8 FILE #1288 WHEREAS, Ward E. Edwards (hereinafter "the applicant") is the owner of the property located at 2474 Carman Street within the City of Orono (hereinafter "City") and legally described as follows: Lot 11, Block 6, Townsite of Langdon Park (hereinafter "the property") ; and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 and 10.55, Subdivision 8 to allow the construction of a new home located partially within the 0-75' lakeshore setback area where no structures are allowed, and requesting a '_"\ri.ance to Section 10.22, Subdivision 2 to allow a total of 2,960 square ;st of hardcover or 15.8$ in the 0-75' setback zone at the building site, `0here no hardcover is allowed and to allow 3,380 square feet of hardcover or 30.0% in the 75-250' lakeshore setback zone at the building site, where only 25% hardcover is normally allowed, and is requesting a variance to the average lakeshore setback from the lagoon or north side of the building site. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1288. 2. The portion of the property to be used as a building site is located in the LR-1B Single Family Lakeshore Residential Zoning District, anr' the portion of the property north of the lagoon is zoned LR-I%-1, One -Family Lakeshore Residential Subdistrict. 3. Resolution #1838 adopted by the City Council on August 26, 1985 approved the proposed variances based on specific noted findings and subject to specific noted conditions. The applicant never started construction pursuant to the variance, and the variance expired on August 26, 1986. On May 13, 1988, the applicant applied tc renew the variances previously granted, with no changes from hi3 original request. Page 1 of 5 City of ORONO TRA -j-''! ZN ERE: GEPT (fF PR,Fei?,Y TAX ? F02jCRF: RESOLUTION OF THE CITY COUNCIL NO. 2462 DER. 4. The Urono Planning Commission reviewed this application on June 6, 1988, and recommended approval of the proposed variances based upon the following findings: A) No lot width variance is required since the 125' lot width meets 80% or more of the 140' requirement. B) A number of methods can be used in determining the actual percentages of hardcover on the property: 1) Based on crediting only the land at the building site, the 0-75' hardcover proposed is 2,960 square feet or 15.88 and in the 75-250' zone is 3,320 square feet or 30.0%. 2) Based on also crediting the northerly portions of the property for the hardcover calculations, 0--75' hardcover is 2,960 square feet or 10.5% and in the 75-250' zone is 3,380 square feet or 10.2%. 3) Based on calculating 0-75' and 75-190' from the lagoon, ,---. only crediting the building site, and with drainage all directed to the lagoon, 0-75' lagoon setback hardcover is 14.9% (all existing driveway), in the 75-190' lagoon setback is 34.4%, and in the lakeshore 0-50' setback is 0%. C) Applicant should not be penalized for the existing driveway hardcover in the lagoon, 0-75' zone, and in fact his driveway proposal minimizes the additional driveway hardcover required. D) The neighbors' request for the lakeshore setback and average setback variances to allow for the least disruptive sightlines, to maintain uniformity, and the capability to direct all drainage over 100' of relatively flat lawn area, justify the granting of a variance to the lakeshore setback. E) The unique characteristics of the property i.e. the proposed building site separated from the rest of the property by a lagoon, constitute a valid hardship to the property. F) The variances can be granted without permanent crediting of lot area north of the lagoon. 5. The City Council in reviewing this parcel finds that the property taken in it.s entirety, including area north of the lagoon, meets or exceeds the 1 acre lot area requirements for the LR-lB Zoning District. �-•� Page 2 of 5 City of 0R0N01ANS. -2 ENTERED i!t( 6 P'L"!CPECOns RESOLUTION OF THE CITY COUNCIL NO. 2462 410 / COUNTY MINN. DEPUTY 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 7. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono i.ty Council hereby grants a variance to Municipal Zoning Code Sections .22, Subdivision 1 and 10.55, Subdivision 8 to allow the construction of d new home located partially wAithin the 0-75' lakeshore setback area where no structures are allowed, and grants a variance to Section 10.22, Subdivision 2 to allow a total of 2,960 square feet of hardcover or 15.8% in the 0-75' setback zone at the building site, where no hardcover is allowed and to allow 3,380 square feet of hardcover or 30.0% in the 75-250' lakeshore setback zone at the building site, where only 25% hardcover is normally allowed, and grants a variance to Section 10.22, Subdivision 1, to allow encroachment on the average lakeshore setback from the lagoon (or north) side of the building site, subject to the following conditions: 1. All drainage from the proposed house must be directed toward the lagoon to gain the maximum possible infiltration time and distance. 2. A site grading plan must be submitted for staff approval prior to issuance of a building permit. 3. Applicant is placed on notice that future additions of hardcover at the building site will not automatically be approved and would likely be subject to removal of equivalent amounts of existing hardcover. 4. Lowest floor elevation must be 932.5 MSL or higher. Page 3 of 5 City of OR(»O RESOLUTION OF THE CITY COUNCIL NO. 2462 5. Authorities granted with this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 27, 1988). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning rode, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant have 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 reso Lotion in the chain of title of the property. '.3640pted*by the Orono City Council on this 27th day of June, 1988. Property James R. Grabek:./Mayor Edward J. Callah}�n, Jr., �- acting Mayor Page 4 of 5 TRANS4F'-R ENTERED DEPf Oi PP.OPERTY UN & PUNLI�RECORDS NOV 4 ]0 IINN DEPLITY 0 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2462 'i'tANSFER EN79ERED DEPT OF TKFUHy 1,V b P',*2UCRECOROS v0 4 IM8 STATE OF MINNESOTA ) ss . L�f�;`lFJE�I OUN;Y- MINN COUNTY OF HENNEPIN ) t �/ DEPUTY On this day of ��,�'i/ , 198Y before me a Notary Public within and fon' said county, personally appeared 1e . known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ■ IMS L BRYANT ®NffNry FMC--MINNESO T A "�. HENNEPIN COUNTY My Commrssron Expires I-,;" ; r� STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) NOTARY PUBLI C- -- �7-�7 (,/1 MY COMMISSION EXPIRES On this day of 198y, before me a Notary Public within and for said County, personally appeared - known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ■ ■ NOTARY PUBLZ12: iMYS L BRYANT low PUBLIC—MINNESOTA NDNW4N COUNTY �� &Mdn* Expans June 9. 1916 MY COMMISSION EXPIRES Page 5 of. 5 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I Dorothy M. Hsllin, 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 proceedi,193 of said City Council at a meeting of said "ity Council held on June 27 19 88 , and that the same is a true and correct copy of said resolution was duly adopted by said City Cot;ncil at said meeting. In Witness Whereof, I have hereunto set my hand and seal :his 28th , day .--f aptember , 19 88 -r-t 0 othy M. allin, City Clerk W �r _ 106* COUNCILSEP2 MEET51989ING To: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley CITY OF ORONO Orono Planning Commission Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: August 30, 1989 Subject: #1451 George & Theresa Bloom , 1374 Rest Point Road Variances - Public Hearing Zoning Districts - RR-lB total area = 28,850 s.f. Pertinent Ordinance Section 10.22, Subdivision 2 - Hardcover 75-2'-) area allowed = 4,700 s.f. or 25% existing = 5,247 s.f.k or 27.91% proposed = 5,967 s.f. or 31.74% increase of 720 s.f. of hardcover * 0-75' hardcover = 1,094 s.f or 10.8% Total existing hardcover on the property is at approximately 38.7% Section 10.24, Subdivision 5 (B) - a. Street setback required = 35' existing = 1.3' (existing) proposed = 33' (northwest corner of proposed garage. Majority of the north side of the garage meets the required 35' setback) b. Side yard setback required = 10' proposed = 5' 3" variance = 419" or 49% List of Exhibits - Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Applicant's Addendum Exhibit E - Hardcover Fact Sheets Exhibit F - Elevations, Floor Plan, Foundation Plan Exhibit G - Cross Section Exhibit H - Survey Review of Application - The applicants seek hardcover, side and street setback variances for a proposed garage addition 30 x 24' that will be attached to the prinicpal structure via a skyway. The skyway design is proposed to save a grouping of mature trees one hundred years of age. The application was originally submitted with a 10' + side variance but applicant was again advised in order to Zoning File #1451 August 30, 1989 Page 2 of 3 save trees that the garage structure should be moved further east at minimum of 5'. As pertinent ordinance section/facts noted above state the majority of the north side of the garage meets the required 35' setback. As applicant's addendum notes, Exhibit D, the house currently has no garage or storage basement. The proposed garage will be of 3 levels with a basement for storage, a grade level garage, and a master bedroom suite on the third floor (review Exhibit G). Discussion of Hardships i Findings - Addendum (Exhibit D) notes the following: 1. There is no garage to serve the existing residence and there is no basement under the exi°,`-,-r residence to provide additional storage area. Applican' -- antly rents a garage across the street for storage of vehicles and equipment. Garage is to be removed next spring. 2. The existing street Rest Point Road does not permit any off street parking. The existing parking area is needed to serve a "visting" family of six children t elderly grandparents. 3. Applicant claims that the majority of the hardcover has been on the property for many years and includes sidewalks, steps, and a retaining wall that extends into the 0-75' area. Additional Comoents - Staff supports applicant's request for a garage finding the setback variances requested to have little impact on the adjacent properties. In fact it is staff's understanding that the neighbor to the immediate eaat will submit a letter in writing supporting applicants request as he too appears to be concerned that this special grouping of trees be saved. The concern in this review is that applicant seeks approval of additional hardcover of 720 s.f. or 3.8% in the 75-250' setback zone. (Total hardcover on site is at 38.7%) In order t be consistent with recommendations made by the Planning Commission with similar, previous reviews, the removal of existing hardcover is demanded. Noting that a third of the area of this property is located in 0-75' setback area, Planning Commission may allow up to 29% or 30% hardcover in the 75-250' zone. A majority of runoff from the excessive hardcover aria flows from the north of the property to the lake through the gentle sloping grassed yard. Applicant may be asked to consider the removal of the pathway that runs along the east side of the pool area down to the concrete steps, although it is not appropriate for the City to tell the apilicant what improvements are to be removed. Zoning File #1451 August 30, 1989 Page 3 of 3 Options of Action - 1. Denial. If denied Planning Commission should refer to Section 10.08, Subdivision for the necessary findings. 2. Approval. If approved your recommendation should contain one or more of the following findings and hardships noted by applicant and staff. Refer to applicant's addendum and the following noted by staff: 1. The property is served by municipal sewer. 2. One third of the total area of this property is located within the 0-75 setback area. 3. The existing drainage pattern of the property provides for positive drainage to the lake over extensive grassed yard. Options of Action - a. Allow no additional increase in hardcover limiting hardcover at 27.9 in 75-250' set.)ack area - or total hardcover at 38.7% (would encourge removals in 0-75' setback area) b. Limit hardcover in 75-250' se .:k area to 29% or 30% increase of 1.19� or 2.1% this wou�._ require removals of existing hardcover in 75-250' zone only. Zoning File #1451 September 21, 1989 Page 4 Additional Co®ents and Planning Comission Recos endation - Additional Exhibits - Exhibit I - Planning Commission Action Notice Exhibit J - Applicant's Addendum Exhibit K - Revised Site Plan The Planning Commission recommended unanimous approval of this setback variance application of the Blooms, but advised applicants that they could not approve a variance for additional hardcover on the property and conditioned approval subject to the total existing hardcover on the property remaining at 38.6%. Please review Exhibits J & K. The Blooms have submitted a revised proposal holding total hardcover at 38.6%. The proposed attached garage has been reduced in size from 241x30' to 221x30' for an increase of 660 s.f. of new structural hardcover. The Blooms propose the removal of 645 s.f. of existing hardcover resulting in the following reductions in the specific setback areas: Existing Proposed 0-75' 1,094 s.f. or 10.8% 1,047 s.f. or 10.4% 75-250' 18,800 s.f. 5,240 s.f. or 27.91% 5,309 s.f. or 28.2% Total Hardcover on Property = 38.6% Applicants have maintained total hardcover at existing percentage. The amended plan is consistent with the Planning Commission's conditional approval. The enclosed resolution has been drafted per the Planning Commission's recommendation. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 5 (B) AND SECTION 10.22, SUBDIVISION 2 F1 .LE #1451 WHEREAS, George & Theresa Bloom (hereinafter "the applicants") are the owners of the property located at 1374 Rest Point Road within the City of Orono (hereinafter "City") and legally described as Lot 1, Block 1, Rest Point, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the Cam: for a variance to Municipal Zoning Code Section 10.22, Subdivi::.' on 2 to allow the construction of an attached garage resulting in an increase of 660 square feet of structural hardcover within the 75-250' setback area with the simultaneous removal of 45 square feet of non-structural hardcover within the 0-75' setback area and 598 square feet of non-structural hardcover in the 75-250' setback area resulting in a final total of 38.6% of hardcover on the property, and per Section 10.24, Subdivision 5 (B) seeks approval of a 32' street setback for the garage where a 35' setback is required resulting in a 3' or 8% setback variance. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoninq File #1451. 2. The property is located Lakeshore Residential Zoning 43,560 square feet in area. acres or 28,850 square feet. in the LR-1B Single Family District requiring 1 acre or The property consists of .66 3. The Orono Planning Commission reviewed this application on September 6, 1989, and recommended approval the proposed variances based upon the following findings: A) The property is served by municipal sewer. B) One-third of the total area of this property is located within the 0-75' setback area. Page 1 of 4 C) The existing drainage patte-, of the property provides for positive drainage .o the lake over extensive grassed yard areas. D) The proposed improvement of the property will not result in an increase in total hardcover. E) The current residence does not have a garage nor a basement area to provide additional storage area. F) The proposed street setback for the attached garage will prevent the cutting into the existing root system of a group of trees well over 100 years old located in the east yard area. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by Cite staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of ..a community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping ;with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one L. more of the findings noted above, the Orono City Council hereby grants variances to Municipal zoning Code Section 10.22, Subdivision 2 and Section 10.24, Subdivision 5 (B) that would F armit the construction of an atti ched garage based on the simultaneous removal of existing nonstructural hardcover on the property as noted above, subject to the following conditions: 1. Applicants shall remove all hardcover, as proposed in amended plan (Exhibit K) at the time of the footing inspection for the proposed garage addition. Page 2 c.z 4 2. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (September 25, 1990). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 25th day of September, 1989. ATTEST: Dorothy M. Hallin, City Clerk Property Owner(s) STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 25th day of September, 1989, by & Dorothy M. Hallin, Acting Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 3 of 4 Receipt- CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional variance Renewal Variance Fee $75.00 (no change from original application After -the -Fact Fees (Double applicatio PROPERTY LOCATION Site Address �7a Ra�� QQi t Rnar1 n fee ) Property Identification Number (P.I.D.) 07-117-2111nn12 Please check one - Property abstract or x torrens? 1 Attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Phone (home) 472-3936 Name Georae & ThprPSa A Llnnm Phone (work) 3' 4 9 An Address 33,e Rest Pni nt RA city: y,Q-Ad Z1p:55F '34------- ----------------= --------------------------------------------- OWNER (if different than applicant) Phone (home) Name Address: City: Phone (work) Zip: Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Single Family Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ Unknewn Describe request in detail: G=rag with hagPmPnt ana �?pA 91 bedroom attached to the hnmP wi ti ' an work Fesseyer. - VARIANCES REQUIRED Lot Area Lot Width x Hardcover Setback Variances (_�_ Front Other )_ Side Rear) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: _ attached io+.torr --------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: See attached letter_ --------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). 4. Certificate of survey including hardcover calculations as required. 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6. Plat Map (obtained with property owners list). 7. As an addendum to this application please attach a separate list of any other persons you wish notifir ` this application. 8. Additional items as may be reques jy City staff. --------------------------------------• --------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date jii i U - 7 1989 OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investiga- tion and verification of this requ St. Owner's Signature Date July 27. 19:3 — _� - - - Applicant must have all submittals into the City offices 25 days befc Planning Commission Meeting. Planning Commission Meetings are held ,ie third Monday of each month. Applicants must be present at all sched -ed review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. RlN JATE J7/2`-,'99 HENNEPIN COUNTY PROPERTY INFORttATION SYSTEM REPORT NO. PI435401 PPOPERTY OWIIERS LIST PAGE 1 BATCH 041 38 07-117-23 32 0034 IT PROP ADDR 01365 REST POINT RD OWNER NAME R W SIGAFOOS ETAL TAXPAYER RALPH A CORA SIGAFOOS NAME/ADDR 1365 REST POINT LANE fr'�1 MAID MN 55364 t 38 07-117-23 32 0060 PROP ADDR 01366 REST POINT RD OWNER NAME LAWRENCE E A HELEN LANGHANS TAXPAYER LAWRENCE E A HELEN LANGHANS NAME/ADDR 1366 REST POINT RD NOLNO HN 55364 38 07-117-23 33 0007 PROP ADDR 01360 REST POINT RD OWNER NAME W A V KRAKE IR TAXPAYER WALTER F A VAOGHN 0 KRAKE NAME/ADDR 1380 REST POINI RD MOUND MYI 55364 PROP ADDR I OWNER NAME TAXPAYER TOTAL BATCH NAME/ADDR 38 07-117-23 32 0037 01375 REST POINT RO M B & L K GERLICIER MICHAEL B & LYt8IE GERLICHER 1375 REST POINT ROAD MOUND Hu 55364 38 07-117-23 32 0061 01371 REST POINT RD ROBERT THARP ET AL KEtBIETH N A RENEE G EGGERT 1371 REST POINT RD MOUND MN 55364 38 07-117-23 33 0011 01385 REST POINT RD SUZANNE R AUSTIN SUZANNE AUSTIN 229 OAKWOOD RD HOPKINS ttI 55343 38 07-117-23 32 0062 R J &MAWETT 001 00019 RICHARD J & MARJORIE A WETT 5515 MALIBU DR EDINA MN 55436 38 07-117-23 32 0038 01373 REST POINT RD K E ANDERSON & A K KRAMER KIRK ANDERSON 1373 REST POINT RD MOUND MN 55364 38 07-117-23 33 0006 01386 REST POINT RD TERRY C SMITH ETAL TERRY C SMITH 1386 REST POINT RD MOUND t8I 55364 38 07-117-23 33 0012 01374 REST P0114T RD G R BLOOM & T A BLOOM GEORGE R & THERESA A BLOOM 1374 REST POINT RD MOUIID Mll 55364 T CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE RERRESENTATIOtI OF I14FORMATICII AS IT APPEARS THIS DATE ON TILE RECORDS OF THE HEtlNEPIU COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE BY `E= 1 C Lots 14,18,19,20and the alleys os shown, SU8*0. OF LOT 14 REST POINT PARK , hays been vacated Doc. Jr 7-k64W I C~ r , r 1 0-7-/VZ3 twEST ABM JVINA I j Zoning Administrator City of Orono PO Box 66 Crustal Bay. r1N 55323 Re: Zoning Variance 1374 Rest Point Read The kindersigned property cvwners submit the following for a request for a variance to construct a garage on our property at the abov►: adaress. In order to get the garage blarlt in a manner that would not severely darnage or destroy a unique clump or group of trees tsee enclosed pictures) W8 are asking for the following variances: SETBACK FROr1 THE ROAD - The distance from the road to the proposed garage is approximately 33 feet at the corner of the proposed garage closest to the house. To move the garage farther back from the street would require cutting into the trees' root system significantly more than the proposed site. The group of trees is over 100 years old and each was planted to celebrate the birth of a child in the family that constru tell the initial home (cabin) on the site. That home has been added to over the years and the loss of the group of trees would represent a significant historical and economic loss. SETBACK FROrl SIDE - For the above reasons .we also request a variance to the north side of the property of 5 feet. HARDCOVER ZONE - For the area of 75-250 feet we presently exceed the 25% requirement (see attached :ur vey and hardcover calculation) and constructing a garage will increase that percentage as shown. We have a hardship in terms of the need for a garage because the existing home does not have a garage or a basement. We have not lived in the home on a year around basis but will be making this our, permanent residence this year. The proposed garage will eliminate the need for outside storage as we would include basement space under the garage. We have been able to rent an existing garage across the road from out home for storage: however, due to its dilapidated condition (see photos) the owner of that garage will be removing it in the spring/summer next year. The existing parking area is blacktopped and serves a regular parking for our visiting family and friends. We have six children and elderly parents who visit on a frequent basis and this parking area permits us to provide off-street parking. The existing street is a very narrow road and does not permit any on -street parking. Huch of the existing hardcover has been on the property for many years (including the sidewalk. steps and retaining walls which extend into the 0-75 feet ?one). We have looked at all of the existing hardcover to determine whether we could remove some: however. any part that might be removed would be insignificant in percentage or would create parking problems ;parking area). If we can provide any additional information please advise. Very truly yours. Li George'R. Bloom ;Ilelresa H. Bloom k 'ram • IIARDCOVER CALC;III.A'1'ION PIORKS11EE'1' (r'FoRGE 13[ 00,vt Setback Zone: (circle one) 0-75' 75-250, 250-500' 500--1000, Existing tlardcovc•r t Total Existing hardcover x 100 ' Itarrlcovcr in 7.onr. Lot Area within Zone i ting _ — .. 100 JT t .. /C. a. House Y. s.f. ����/st7 G.f. length witch , Additional Hardcover to be added in zone: x =• s.f. + i Y s. f Item �i.cn= th width TOTAL s.f. r. s . f . ---- — x o s.(. b. Garage C. Driveway :c -- n.f. T01Al, S.F. TO BE ADDED (7 (2) .. sidewalk. _ G . f . Existing Ita rdcov„T to be removed, If any: d. 37 f Item L. noth x width Q TOTAL s.f. f x x S.f. C. ratio/ .. n4110 s.f. x Q s.f. Dcck o s.f. '. __ x .f. x fo s.f. Landscape � — -- dreas TOTAL S.F. TO DE REMOVED C (3) underlain by plastic Final Hardcover Proposal: sheeting x _ • f • - s.f. (Line (1) + Line (2) -Line (3)) e v ------ — 2o0 ..f. ) /09 O _ 0 ) e /O9Y s.f. (4) I f. Other --_ — Existing To be '=dded To be Removed Final rx, r., y x 4% 7 5. f . Proposed Itardco:•er t r. •• o.f. 109y s.f. (1) Line (�) x 100 fl s.f. x 100 � ��Sf�t� STING HARDCOVER I ., ".:l;:i: _, - d 11ARI)COV1:k CALCULATION WORKS111 1•:'1' �FO�'G( /3eLGi�t Setback Zone: (circle one) 0-75' 75-250• 250-500, 500-1000, Existin Itarc)covcr in 7.on.: . a . (louse .30. / x /G. L .. o 7 .. r . length width ��. 3 x 30. 22.6 S. /Z 7 x .: s.r. 7Y s.f. x .. ,.f. b. Garage x s.f, c. Driveway 7. .-�% ^ _ // / ... f . _ d. Sidewalk -_ •• ! J / J� . f . s.f. x •• _ s.f. c. Patio/ _ X f . Deck I�FCk ---Tp Landscape x A f. areas f!/9t S' F underlriA �t f!% x by plastic Sheeting r. _ o s.f. /,Fr w.+cl1 /GG Y 8 b b f. other 5 x 3 / 5 s. f. ...f. \S-4 STIvG IIARDCOVER It) --OI:E � S2- �� 7 . f . ( 1 ) Existing Ita[dcover t - Total Existing Ilardcovcr x 100 Tot Area Within Zone x 100 •• 77. t Itern Len•Ith x Width TOTAL s.f. 30 x -2X_ 74.0 s.r. _ x ,.f. x n s.f. x TOTAL S.F. TO DE ADDED 72—U (2) Existing Hardcover to be Removed, if any: Itca Len•ath x Width o TOTAI, s.f. x n S.f. x e S.f. x n S.f. x o S.f. TOTAL S.F. TO DE REMOVED O (3) Final (lard/cover Proposal: (Line (1) + Line (2) -Line (3)J a i t 5-2`/7 + 720 _ 0 s.f. (4) _ Existing To be Added To be Removed Final Proposed Hardcover t n - i ,( 7 Line (,) x 100 =r--(--- s f• x F 100 � �/7/t Lof n•c4 ;� :!o• C . /d l�UU 7.f .�� IJ WIN CITY OF ORONO ZONING FILE #1451 P. O. Box 66 Crystal Hay, !III 55323 NOTICE OF PLANNING COMMISSION ACTION 473-7357 Date of Notice: 9/12/89 --------------------------------------------------------------------------- TO: George & Theresa Bloom COPIES TO: 1374 Rest Point Road Mound, MN 55364 TYPE OF APPLICATION: Variance ----------------------------------------------------------- DATE OF MEETING: 9/6/89 VOTE: 5 For 0 Against Planning Commission recomtends the following: Approval subject to conditions noted below: The Planning Commission recommended unanimmmous approval of your variance application subject to the condition that total hardcover on the property remain at 38.7%. Please see that your amended proposal designating existing hardcover to be removed is submitted to the City Offices no later then September 15, 1989 in order to insure the scheduling at the Council meeting of September 25, 1989. Your revised plan should consist of a site plan showing areas of existing hardcover to be removed with the area of each removal specified on that site plan. Confirm that 38.7% hardcover is not exceeded on the site. Applicant's next scheduled meeting is confirmed as: City Council September 25, 1989; meeting starts at 7:00p.m. seotermer 15. 1989. City of Orono P.O. Box 66 Crystal Bay, MN 55323 Re: Zoning File *1451-Variance George & Theresa B'.00m !n accordance With the rianning Commission motion to approve the rMlested set beck variance provided we do not increase the told harlieover on the property this amended proposal is submitted. We will not increase the percentage of hardcover. in constructing the garage by making the following changes.. Reduce Proposed Garage to 22' X 30' ur 660 Sq. Ft. Reduction of Existing Hardcover - Bench Boxes 47 Sq. Ft. Slab/Pellet Walkways 58 Sq. Ft. Blacktop (10' X 36') 360 Sq. Ft. Remove side steps to pool & part of cernent walk IN-Sa. Ft. Total Reduction 645 Sq. Ft. Enclosed is a site plan showing changes indicated in Red. Thank you for your assistance in this matter. Very truly yours r.3eorg k. Boo AA. Bloom COUNCIL MEETING ' SEP 2 51989 iTY OF ORONO To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: September 20, 1989 Subject: #1454 Bradford W. Reddick, 2695 Pheasant Road - Variance - Resolution Zoning District - LR-1B, Single family lakeshore residential, severed Appliu tion - Request for side setback variance of 0.9' to construct attached garage. List of Exhibits Exhibit A - Proposed Resolution Exhibit B - Planning Commission Action Notice of 9/19/89 Exhibit C - Memo & Exhibits of 9/13/89 Discussion Please review the memo and exhibits of September 13, 1989. Briefly, the applicant is requesting a 0.9' side setback variance in order to construct a garage 9.1' from the side lot line where a 10' setback is required. The applicant would prefer to construct the garage addition at the 22' width proposed, noting that the house is not square with the lot lines, which results in the need for a variance. At their September 18th meeting, Planning Commission voted 5-1 to recommend approval. Planning Commissioner Bellows voted nay, being of the opinion that the garage addition could be made narrower in order to eliminate the need for a variance. Staff heco■Qendation - Staff recommends approval per the Planning Commission recommendation. A resolution for approval is attached for Council review. 1�llf�� � lf1 d Tk A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) FILE #1454 WHEREAS, Bradford W. Reddick (hereinafter "the applicant") is the owner of the property located at 2695 Pheasant Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 8, Block 1, Pheasant Lawn, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a detached garage to be located 9.1' from the side lot line where a 10.0' side yard setback is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1454. 2. The property is located in the LR-lB Single Family Lakeshore P.eGiOprclal Zoning District. 3. The Orono Planning Commission reviewed this application on September 18, 1989, and recommended approval of the proposed variance based upon the following findings: A) The existing house is not square with the lot, which forces the garage addition to extend closer to the lot line than the existing house. B) Granting the proposed variance will not cause excessive visual density in the neighborhood. The neighboring adjacent residence is located more than 2C' from the lot line, hence a suitable structure -to - structure setback will be maintained. C) The existing access door adjacent to the garage would have to be eliminated if the 22' wide garage was moved further northward to meet the side setback requirement. Page 1 of 4 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Winicipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of an attached garage addition located 9.1' from the side lot line where a 10' side yard setback is normally required, subject to the following conditions: 1. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (September 25, 1990). 2. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 2 of 4 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 25th day of September, 1989. ATTEST: Dorothy M. Hallin, City Clerk Property Owner(s) STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 25th day of September, 1989, by & Dorothy M. Hallin, Acting Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 3 of 4 CITY OF ORONO ZONING FILE #1454 P. O. Box 66 Crystal Bay, MN 55323 NOTICE OF PLANNING COMMISSION ACTION 473-7357 Date of Notice: 9/19/89 ------------------------------------------------------- -------- TO: Bradford W. Reddick COPIES TO: 2695 Pheasant Road Excelsior, MN 55331 TYPE OF APPLICATION: Variance ----------------------------------------------------------- DATE OF MEETING: 9/19/89 VOTE: 5 For 1 Against Planning Commission recommends the following: Approval as submitted NOTES AND SPECIAL CONDITIONS: Minority opinion: Commissioner Bellows felt that the garage width could be reduced to eliminate the need for the variance. Applicant's next scheduled meeting is confirmed as: City Council Monday September 25, 1989; meeting starts at 7:OOp. m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Proms Michael P. Gaffron, Asst Planning 6 Zoning Administrator Dates September 13, 1989 Subjects #1454 Bradford Reddick, 2695 Pheasant Road - Variance - Public Hearing Zoning District - LR-lB, Single family lakeshore residential, sewered Application - Request for side setback variance to construct attached garage. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Including Proposed Additions Exhibit E - Hardcover Submittal (Pre-existing) Exhibit F - Staff Hardcover Review Exhibit G - Plans Pertinent Facts - 1. Applicant is requesting a side setback variance of approximately 0.9' in order to construct an attached garage addition (10' side setback required, 9.1' proposed). Also underway but not requiring variances would be some dormers, a family room addition to the rear, and residing. Permits have been issued for portions of the work which do not quire a variance. 2. the proposed garage is 22' in width. One alternative to a variance would have been to reduce the width of the garage. Applicant would prefer the 22' width. 3. Applicant notes that the existing house is not square with the lot lines. If it was, the variance request would not have been necessary. Note that the neighboring adjacent residence is 24' from the lot line, leaving a separation between the proposed garage and the neighboring structure of about 38'. Discussion - The main floor plan of the existing house suggests that significant changes would have to be made to that structure in order to attach the garage at its proposed width but further from the lot line. Also, that would eliminate the access door adjacent to the garage. Zoning File #1454 September 13, 1989 Page 2 of 2 Btaff Recommendation - Planning Commission could recommend approval of a 0.9' side setback variance based on the finding that the existing house is not square with the lot which creates a hardship. An additional finding would be that granting of the 0.9' variance will not cause excessive visual density in the neighborhood, since the neighboring residence is more than 20' from the lot line. W��r� TO EGI�r•va'I'� NPCD Fe z ✓A, (.? . MT.s.M *10 CITY OF ORONO - VARIANCE APPLICATION Initial Analication Fee $150.00 ($50.00 per each additional vari: Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) ----------------------------------------------------- PROPERTY LOCATION Site Address Fv r Property Identification Number (P.I.D. ) .Z I - I Please check one - Property abstract or torrens? Attach legal description to application if not included on required survey. -------------------------------------- APPLICANT Phone (home) -41 71 ` 7 7 I S Name Phone h W� Phone (work) L/�! S - • (, yh _ �- -----Address_-ZG�C� _-)�- �.t�.rs �►) -------City_ Ex A%trs- -----Zip_ 57 33 ---- OWNER (if different than applicant) Phone (home) Name Address: Date Property Acquired Phone (work) City: Zip: (month/year) I (do) (do not) also own the adjacent parcels of land. ------------------------------------------------------------ PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) �o DESCRIPTION OF REQUEST Estimated Construction Cost S Describe request in detail: Lot Area Lot Width Setback Variances ( Front v1" Side Other Hardcover Rear) HARDSHIP `, Describe undue hardship or practical 4ifficulty resulting from strict enforcement of zoning regulations: (,(,,,. ,,-Z; :jeN r--?,f4 r j t _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I - - - - - - DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preven ng Code Requirements: ?Lb /-b p compliance with Zoning s. is ---------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#1.0) pre-addressect to each of the names on the above list with no return address (use address labels obtained with property c-dners list). 4. Certificate of survey including hardcover calculations as required. 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6. Plat Map (obtained with property owners list). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additiona. items as may be requested by City staff. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date --------------- ----------------------------------------------------------- APPLICANT"S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is t ue and correct to the best of his/her knowledge. 4 Applicant's Sigaatur .a Date I� _ J OWNERS SIGNATURE The owner hereby ackowled es and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investiga- tion and verification of t re est. Owner's Signature------ - - - --------------=Date----- -- a- -- Applicant must have a submittals into the City offices 25 da s before the Planning Commission M eting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. ` 4 0 25 -0 ; i (8) 22 Pan � � d1sT': • - -y--• � - - - 3��' _ I 13 ..t 15 ��) • Aud Sub f •'i r. V�' `s Q V w aa ♦1 ' r• 1 1, ,4`, •� % .\. �I t1t ,� i 2 r l3Z/6 ` to �• 5 ? °�! !fir ` \ 23 N C� s. 21 20 65 IN 10 �, ' '��li•,��tirl�' ;L t-a54 $ i9 ` �.yI 101. IL 49 ,...�. � � y -- _ _ � r� prod b- ilid r�l �•� _ Port of y q00 �M/� Q 2a l • 'ry i `_; W 2 `rTl) _ ' ' (51) �.^ Lot 10 w v /o • � !o ''� �;I' Al � ,' `' � o ,•,•1. 15 :goose :.t, • f c ..„tL r Zt qT CC RUN DATE 08/21/89 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST BATCH 005 38 21-117-23 23 0010 38 21-117-23 23 0011 !� PROP ADDR 02675 PHEASANT RD 02685 PHEASANT RD OHM R NAME DAVID T HOFFMAN E WIFE B J DONEFF 6 D L DOIIEFF TAXPAYER DAV?"- , HOFFMAN BRYAN A DARCI DONEFF NAME/ADDR 2675 PHEASANT ROAD 2685 PHEASANT RD EXCELSIOR HN 55331 EXCELSIOR MN 55331 1!�: 38 21-117-23 23 0013 {N PROP ADDR 02705 PHEASANT RD ►KNER NAME G i K JOHNSTON TAXPAYER G P A K A JOHNSTON NAME/ADDR 2705 PHEASANT RD S EXCELSIOR HN 55331 4. 38 21-117-23 23 0020 PROP ADDR 02680 PHEASANT RD OMER NAME R P DOLLIFF JR ETAL TAXPAYER ROGER P DOLLIFF JR NAME/ADDR 2680 PHEASANT RD EXCELSIOR HN 55331 38 21-117-23 23 0027 PROP ADDR 02749 KELLY AVE ONNER NAME THOMAS H NAVRATIL 1 TAXPAYER THOMAS H NAVRATIL • NAME/ADDR 2749 KELLY AVE EXCELSIOR MN 55331 co 38 21-117-23 23 0051 ift PROP ADOR 02710 PENCE LA OW DWNER NAME DEAN E TERRY TAXPAYER DEAN E TERRY NAME/ADDR 2710 PENCE LANE EXCELSIOR MN 55331 q " Y lw 38 21-117-23 23 0017 02700 PHEASANT RD MICHAEL J CULLEN ET AL MICIIAEL J CULLEN 2700 PHEASANT ROAD EXCELSIOR MN 55331 38 21-117-23 23 0021 02670 PHEASANT RD RAYMOND E JOHNSON RAYMOND E JOHNSON 2670 PHEASANT RD EXCELSIOR MN 55331 38 21-117-23 23 0028 02745 KELLY AVE R d J STEWART RONALD C R JEAN C STEWART 2745 KELLY AVE EXCELSIOR MN 55331 38 21-117-23 23 0052 02720 PHEASANT RD WILLIAM YALE SMILEY ET AL WILLIAM YALE SMILEY 2720 PHEASANT RD EXCELSIOR MN 55331 REPORT NO. PI435401 PAGE 8 38 21-117-23 23 0012 02695 PHEASANT RD 8 d B REDDICK BRADFORD W REDDICK 2695 PHEASANT RD EXCELSIOR MN 55331 38 21-117-23 23 0019 02690 PHEASANT RD A J d S A DALE ALAN DALE 2690 PHEASANT RD EXCELSIOR MN 55331 38 21-117-23 23 0024 02725 PHEASANT RD LILLIAN K ECKLLRJD YW K E L B WHITWORTH 2725 PHEASANT RD EXCELSIOR MN 55331 38 21-:17-23 23 0029 02701 PENCE LA F E DAILEY d P L DAILEY FRANK LYN d PATRICIA DAILEY 2701 PENCE LA EXCELSIOR MN 55331 TOTAL BATCH 005 00014 a ) 41 ..=lM�.:1a•,21i..�;�1in �. •: �•,. - r_ _ •. j. . r ram-.. �1 �/:?�P I>'•-.Tir-..���1 ,�>r)r:.•a� � �.,::•r• -•1:. � �:..�, -..M .1..•J. - ;,Z „i .f ifs . � r 2't•�� '• �i•��•:•:=:: ,;.'_'.1t �:: 1�. "•I, t fir..-.l �1 i...�y �•aT ti.t 'yL ?f.� ���ca%�e..• !1.:;"�rfr��♦} �,�..a s�f r. ` jt .:.:`.,' . 1 •15�`'_� :� C•��':._•i'`�i�^•� ��•' �rl:,;fr�'aS.c{ ! 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'r.'� . i,- - ', i -:`�' v` y - � - ;', r:T :•7'L.,•*3..,:. - r';,�$3+;tilrs'�n•• •►., . , CERTIFICATE OF OCCUPANCY ' - S.Y .J,, �,��•,y�a ��r ly} yt�.['�Y� �YS• ?'F1`, L' MUST BE OBTAINED j,- S -�.r2r-'''v"R' ' BEFORE BUILDING IS OCCUPIED „ •,�•ti f�'r, •r' .. r Z R PERMIT WILL i r ` EXPIRE Is woR►:s NOT ssaatto w:sN a tto o�r� �c w L� ZO,,Jt P, = ya 0 AAIO ems►- L'-C- �r,� .:�„p , 'noc t. LC t.,,, Yew A A HARDCOVER REGULATIONS AND WoRRSMMT A. HARDCOVER ORDINANCE - In 1975, the Orono City Council adopted an ordinance limiting the percentage of lot area that can be covered with imper7ious surfeces (*hardcover") such as roofs, driveways, sidewalks, etc. on properties located within 1,000 feet of a lake. Studies have shown that sediments, oils, and debris carried into the lake from highly urbanized areas have a detrimental impact on the quality of water in the lake. The intent of Orono's ordinance is to ensure that rainfall run-off will be cleansed by filtering through grassed or vegetated yard areas before entering the lake. B. RARDCCVER SETBACK ZONES - PERCENTAGE ALLOWED I. 0-751: in the area within 75' of the lakeshore, No Hardcover is allowed II. 75-2501: in the portion of the lot located between 7� I and 250' from the lake, 250 of that portion of the lot may be hardcovered. III. 250-5001: in the portion of the lot located between 250' and 500' feet crom the lake 301 of that portion of the lot may be hardcovered. IV. 500-1,0000: in the portion of the lot located between 500' and L,000' feet from the lake 35% of that portion of the lot may be hardcovered. NOTE: ThP3e regulations apply even if you have a lot that does not abut the but is within a lakeshore zoning district. C. HOW TO DETERMINE LOT AREA WITHIrJ EACH SETBACK ZONE (To be used as denominator in all hardcover percentage calculations) I. 0-75' Zone Area - 75' a "Average width of lot in 0-751 zonal l mE pure parallel tr shoreline l 75' x ft. at s.f. (1) (Avg width) Area of 0-75' zone Area �175'or avg lot depth in zone) x/Avg width of lot in 75-250' zone measure parallel to shoreline ) y 175 _ _ft. s.f. (2) wilt?, ) Area of 75-250' zone III. 250••` Qu' Zone Area - (250' or avg lot der i in zone) x/Avg width of lot in 250-500' zonel l measure parallel to shoreline J 250' x ft. s.f. (3) (Avg width) Area of 250-500' zone IV, 500-1,000' Zone Area - (500' or avg lot depth in zone) x/Avg width of lot in 500-1000' zone1 lmeasure parallel to shoreline 1 500, x ft. s.f. (4) (Avg width) Area of 500-1,000' zone " D. EARDCOM CALCMATION BUNK R! �►. s. C. D. a. IN Existing Final Lakeshore axistinq Rardcover Proposed Hardcover Allowsd Setback Lot Xrea Nardcover Percentage Hardcover Percentage Nardeover zone In Z In Zone (a/A)x100 In Zone (D/A)x100 Percentage 0-731 of of • of • 0 • 75-2309 of of • of i 25 • 230-9000 7 sf 1, 7 of " 'r • ! of I.5 , IS • 30 • 500-1000' ` " .y of = of - • - of 1 -7. Z • 35 • %RDCOVER LIMITATIONS ` �►� gyp► / � , o7ir yr rk.� 3p1• ROAD E. OTHER LARESHORE REGULATIC'".'o HARDCOVER INCLUDES: - Structures with roofs - Decks, even if slatted - Sidewalks - Driveways (paved or gravel) - Decorative landscaping areas underlain by plastic sheeting - Tops of retaining walls, rock walls - Any other surface that :fees not allow direct absorption of rainfall into the ground SRC. 10.22, RRCULRTIONS FOR, •LR-1Z', •LR-1A-1•, 'LR-186, •Ls-1C' AND •LR-1C-1• OUN PAKXLT LAZZ82022 RSSIDZRTIAL DISTSICT. Within any "LR—IA•, LR—lA-1•, 'LR-180, `bR-1C', or OLR-1C-1. One Family Lakeshore Residential District the following regulations shall apply: Subd. 1. Lakeshore Set sack Regulations. The set back from the shoreline for lakeshore lots shall be at least 73 feet and no building may be located closer to the shoreline than the average distance from the shoreline of existing residence buildings on adjacent and nearby lots. Subd. 2. Lakeshore Bard Cover Regulations. Within 75 feet of shoreline there shall be ro excavating, filling, hard cover, temporary or permanent structures. Within 75 to 250 feet of the shoreline there shall be no greater than 231 hard cover. Within 230 to 500 feet of the shoreline there shall be no greater than 301 hard cover. Within 500 to 1,000 feet of the shoreline there shall be no greater than 351 hard cover. Subd. 3. Tree Removal Regulatiens. so trees within 75 feet of the shoreline with the diameter of six (6) inches or more shall be removed without first obtaining a permit from the Council. "I'M NEET r,, � To: Mayor Grabek & Orono Council Members SEF 2 519 City Administrator Bernhardson CITY Of ARONn From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: September 21, 1989 Subject: #1456 Robert & Janet Emfield, 2240 Devin Lane After -the -fact Variance - Resolution Zoning District - RR-lB, 2 acre, unsewered Application - Request for after -the -fact structure -to -structure setback variance for detached garage. List of Exhib is Exhibit A - Planning Commission Action Notice of 9/19/89 Exhibit B - Jeanne Mabuscz.'s Memo of 9/20/89 Exhibit C - Michael Gaffron's Background Memo of 9/19/89 Exhibit D - Memo & Exhibits of 9/12/89 Exhibit E - Proposed Resolution Discussion - Please review the memo and exhibits of September 12, 1989 and September 19, 1999. Briefly, the applicants employed a contractor to construct a detached garage in 1984. That garage was built without the required permits, although it apparently was inspected during concurrent construction of a deck on the property. The applicant had twice notified the contractor to obtain the proper permit, which he never did. Some time after the garage was constructed, it was found to be less than the required 10' setback to the principal structure. Staff has had this property on a list of unresolved issues since 1986. Now that the owner is selling the property, both the applicant and the purchasers of the property are requesting that the after -the -fact variance be granted and the issue finally resolved. Planning Commission at their September 18th meeting recommended approval on a vote of 6-0 conditioned on the applicants obtaining the appropriate building permit and waking whatever necessary firewall modifications are needed to the garage based on the existing 5.3' setback. Current and future homeowners would be advised that the detached garage and attached garage must rema-in structurally detached from each other, since connecting those two structures would require a side setback variance to the 30' minimum side setback for principal structures in the 2 acre zone. Staff Recommendation - Staff recommends approval per the Planning Commission recommendation. A resolution for approval is attached. CITY OF ORONO ZONING FILE #1456 P. O. Boa 66 Crystal Bay, MN 55323 NOTICE OF PLANNING COMMISSION ACTION 473-7357 Date of Notice: 9/19/89 --------------------------------------------------------------------------- TO: Robert 6 Janet Emfield COPIES TO: 2056 Shoreline Drive Wayzata, MN 55391 TYPE OF APPLICATION: Variance ----------------------------------------------------------- DATE OF MEETING: 9/18/89 VOTE: 6 For 0 Against Planning Commission recommends the following: Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: Approval of after -the -fact structure setback variance, subject to construction of appropriate firewalls per State Building Code requirements (inspection required). Applicant's next scheduled meeting is confirmed as: City Council Monday September 25, 1989; meeting starts at 7:00p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. To: Micha%31 P. Gaff ron, Asst Planning & Zoning Administrator From: Jeanne A. Mabusth, Building & Zoning Administrator Date: September 20, 1989 Su3ject: 2240 Devin Lane - Background on Detached Garage Please include your memo of September 19, 1989 regarding the above referenced property in the Council packets as additional background on this after -the -fact application. In addition, I would request that you have this memo also sent to the Planning Commission for their information. Once again, thank you for your in-depth review of this matter. To: Jeanne A. Mabusth, Building & Zoning Administrator From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: September 19, 1989 Subject: 2240 Devin Lane - Background on Detached Garage A few of the Planning Commissioners during the review of the Emfield application apparently felt that they should be "slapping a few hands" since the documentation appears to indicate mistakes and lack of follow-up by staff. Although Planning Commission (as merely an advisory body) has no authority to publicly chastise staff, both you and I share the concern that whatever mistakes were made should be rectified and not occur again. To this end, I have reviewed the file and history of events with Inspector Lyle Oman. Lyle indicated that this occurred during his first season as an inspector, and he probably was not aware of the 10' setback requirement. Further, at that time he surmises that when an inspection for the garage footings was requested while he was doing a deck inspection, he presumed that a permit had been issued and it did not occur to him that someone would build a garage without the necessary permits or approvals. He proceeded to do the necessary final inspection over the winter but apparently never became aware that a permit was lacking. Lyle indicated he does not recall what precipitated the December 1985 "Stop Order" although I recall some discussions with Chuc;: Van Eeckhout, who was proposing to build on the next lot to the east, regarding his concern over an apparent lot line setback encroachment of this garage. At any rate, an inspection was made in December 1985, a Stop Order was posted a.id the property owner was notified to call the inspector. The property owned claims to have contacted staff on December 31, 1985 and states that the contractor, Ridgeway Construction, was supposed to have settled the matter. Obviously, they never did and another notice was sent on June 17, 1986 to the property owner. On June 27, 1986, the property owner sent the letter advising that they had again asked their contractor to contact the City to resolve this. There is no further indication in the file that the contractor ever contacted the City. This item has appeared on the City Administrator's PID listing of unresolved issues, for a number of years. In that respect, the issue has not been ignored, but, although not trying to minimize the importance of the issue, because the garage was already built, it is likely that in relation to more pressing day-to-day matters, the issue was not actively pursued. The intent is likely that it would be followed up as time permitted or when new activity occurred on the property. In a situatin such as this, staff's policy has been to issue no new permits until old issues are resolved. 2240 Devin T,ane - Background on Detached Garage September 19, 1989 Page 2 of 2 Since 1984 when this garage was constructed, the Building & Zoning Department has computerized the permittinq process and now "logs in" all inspection records. This tracking system allows immediate verification that the necessary permits have been cbtained and required inspections completed, and provides staff with the ability to minimize oversights such as that which occurred with the Emfield garage. To: Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: September 12, 1989 Subject: #1456 Robert & Janet Emfield, 2240 Devin Lane - After -the -fact Variance - Public Hearing Zoning District - RR-lB, 2 acre, unsewered Application - Request for after -the -fact structure -to -structure setback variance for detached garage. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H - Application - Plat Map - Property Owners List - Survey - Applicants' Letter of - Letter from Mr. & Mrs. - Construction Plans Request Childs (buyers) - Documentation from 1984-1985-1986 Pertinent Facts - 1. This is an after -the -fact application for a variance to construct a detached garage separated from the existing house a distance of approximately 5.3' where a 10' separation is normally required. This garage was constructed in 1984 without the required building permit. Although inspections were apparently done on the garage in conjunction with inspections for a deck which did have a permit, the inspector apparently was unaware that the deck permit had ultimately not included the garage. This was discovered some months later and the property owner war notified. The property owner referred the problem to the builder, who never did resolve the issue. This was again brought to the Emfield's attention recently during the sale of their house, and they are hoping to resolve this in order to finalize the sale. 2. A survey submitted by the garage and deck contractor in 1984 showed a 22'x24' garage with a 10' setback to the principal structure. His drawing was not to scale, and obviously in order to meet side setbacks, the garage ended up less than the required 10' setback from the house. The existing side lot line setback is 12.3' at the northeasterly corner, meeting the 10' side setback for a detached garage (but if this garage was to be attached, would not meet the required 30' side yard setback for an attached garage). Zoning File #1456 September 12, 1989 Page 2 of 2 Discussion - This garage has now existed on the property for 5 years, and appears as an integral and architecturally compatible structure related to the principal residence. To require the structure to be moved to meet required 10' structure -to -structure setback would not seem to be reasonable, although that is one of the City Council's options. Perhaps a more realistic option would be to grant the after - the -fact variance conditioned on an inspection being made to verify that the appropriate fire wall exists in both the attached and detached garages, so that the fire code separation requirements will be met. Note that the applicants have paid the after -the -fact variance double fee as a penalty. Planning Commission is requested to review the letters submitted by the applicants and by Mr. & Mrs. Childs who are in the process of purchasing this property from the Emfields. Staff Reco®endation - Given the unusual circumstances of this application, staff would recommend approval of an after -the -fact structure -to - structure setback variance to allow the existing detached garage to remain in its current location, subject to the following conditions: 1. Applicants shall obtain a building permit and shall make the necessary modifications to the garage to meet minimum fire separation standards (sheet rock interior walls at affected garage corners). 2. Current and future homeowners are advised that the detached garage and attached garage must remain structurally detached from each other. Any future request to attach the two structures will first require obtaining a side setback variance to the 30' mininum side setback standard per the RR-lB zone. Receiat- CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $130.00 ($50.00 per each additional variance) # Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) ----------------------------------------------- ---------- PROPERTY LOCATION /G/� / t��Nf / Site Addr ess �7 V C�U Property Identification Number (P.I.D.) Please check one - Property abstract or !--- torrens? Attach legal description to application if not included on required survey. APPLICANT ----------- T �--------------Phone (home)------- Name (� �� /�. 1��1%' Phone (work ) ��l'r Address hw- /o AJ City: ------------------------------------------------- -7----------------------- OWNER (if different than applicant) Phone (h6me) Name Address: City: Phone (work) Zip: Date Property Acquired (month/year) -----I-(do) do not also own the adjacent parcels of land. ------ --------- ---- ------------- ---------- ------------------------- PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) ------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: ------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances ( Front Other Side Rear) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulatiorL. --------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe u::usual property conditions preventing compliance with Zoning Code Requirements: ----- --------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form -2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). 4. Certificate of survey including hardcover calculations as required. 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6. Plat Map (obtained with property owners list). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. •--------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember Lhat your variance application is not complete if the above information has not been included. --------------------------------------------------------------------------- Certification by 'Zoning Department that Variance Application is complete. Zoning Official's Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all Fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature _ Date OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission membe js,and Counci member for purposes of investiga- tion and verification oregp�st Owner's Signature ���//jj// ' Date ---------------------- Applicant must have all submittal s into he City offices 25 days before the Planning Commission Meeting. Planning ommission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of thi.. change prior to the meeting. to 10 ;4 db. (6) sl•sr. 30. Is•P (53) "-10"; 16) n s �= tl� .... (57) 1p %.a (9) '°� �� �� ill ►)� (22 (z°) = (204 • ice• .� � � i �1" (`_6) "t•�b'• (��;)y�' 1. a x271 ^16: •� . ,• C Tr �f 204.84 3 �7P 41 rl of �. ee / ccn :S(L) Q B A � A w o 0 C OJTLOT LCC, cc,. �� ° o � _ � 6 J e,3. 68 a7s� � 6 A� F r car,. 5 o SBA°45'43"E t;. R I C " �Fo•,;c I (13� (14)2 W 1,S q S 2 3?v 0 ��6 F� -. F 4 s. � L '3�� „oL(rnk �• BRO N RD raj: /1 �4 IN /. n••. 159 �1 V, ` •G dl..` DEV LA �. L. C `�.���. �T;•i, :ly` 6C3° 7 •Si 6.�. 1 7 71 i ! Nr- 2 .0 V I fV •w V ,. / Z) N i 15,044,942,33 Iv ` - 25255 1 14C. ob j:; 6 qS? GV w v, 2 I �' o4 7�, ctc j RUN DATE 08/14/89 BATCH 003 38 03-il7-23 21 0011 PROP ADDR 02200 DEVIN LA OWNER NAME T A S MAJOR TAXPAYER THOMAS S A SUSAN B MAJOR NAME/ADDR 2200 DEVIN LA - LONG LAKE MN 55356 38 03-117-23 22 0001 PROP ADDR 02255 WATERTTYN RD OWNER NAME EARL PLANT TAXPAYER EARL PLANT ;p NAMF/ADDR 2245 WATERTOWN RD LONG LAKE MN 55356 t" 38 03-117-23 22 0017 PROP ADDR 02240 DEVIN LA OWNER NAME R A J ENFIELD TAXPAYER ROBERT M A JANET K EMFIELD NAME/ADDR 2240 DEVIN LANE LONG LAKE MN 55356 38 03-117-23 22 0022 PROP ADDR 00038 ADDRESS UNASSIGNED 1 OWNER NAME KELLEY A KELLEY INC I TAXPAYER KELLEY A KELLEY INC NAME/ADDR S WATERTOWN RD LONG LAKE MN 55356 IIEI414EPI14 COUNTY PROPERTY INFORItA(ION SYSTEM PROPERTY JriNERS LIST TOTAL LABELS BATCH 003 00011 38 U5-117-23 21 0012 02225 DEVIN LA W F HARTFIEL A 11 C HARTFIEL WILLIAM F A HELEN C HARTFIEL 2225 DEVIN LA LONG I.AKE MN 55356 38 03-117-23 22 0002 00038 ADDRESS UNASSIGNED LARL G PLANT EARL. PLANT 2245 HATERT014N RD LONG LAKE MIA 55356 38 03-117-23 22 0018 02265 DEVIN LA B J A D C KOKAL BRUCE J A DIANE C KOKAL 2265 DEVIN LANE LONG LAKE MN 55356 38 34-118-23 33 0056 02245 WATERTOIN RD' RODNEY F KELLEY ETAL JOSEPH E PLANT 2245 WATERTOWN RD LONG LAKE MN 55356 REPORT NO. PI435401 PAGE 5 38 03-117-23 21 0013 00038 ADDRESS UNASSIGNED THE NURSERY IIOIIEO104ERS ASSOC Nt1RSERY 11011E0INERS ASSOC 2280 DEVIN LANE LONG LAKE MN 55364 38 03-117-23 22 0016 02280 LEVIII LA GEORGE A JACKSON ET ALA GEORGE A A JANE L JACKSON I 2260 DF.VTN LANE LONG LAKE FN 55356 �•- '' 38 03-117-23 22 0021� 00038 ADDRESS UNASSIGNED EARL PLANE A WIFE EARL PLAt," �! 2245 SO N.%TERfOWN RD LONG LAKE IV 55356 r TOTAL BATC11 003 00011 a, p I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS TI1T" DATE ON THE RECGRDS OF THE HENNEPIN COUIITY DEPARTMENT OF PROPERTY AXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. I J DATFBY � � . # CENERRA COLLECTION Robert & Janet Emfield 2056 Shoreline Drive Wavzata. Mn. 55391 August 21, 1989 ORONO CITY HALL Building & Zonir,_ P.O. Box 55 Crystal Bay, Mn. 55323 TO THE PLANNING COMMISSION: RE: Application for an After The Fact Variance PROPERTY: 2240 Devin Lane Long Lake, Mn. 5'356 We are ar for an after the factariance for a garage we had built In 1984 we .ttracted with Mr. Bob Ridgway, of Ridgway Cotistruction to build a deck and i garage at our home on Devin Lane in Long La'-. V'� hired Mr. Ridgway in good faith. and trusted that by hiring a licensed contractor, that it w:.s the contractor's obligation to obtain t' necessary permits to complete the job. Apparently Mr. Ridgway d,.0 not get a permit for the garage n%L •aid he apply for a variance. we learned about this in August of 1989. Our hone Devin Lane has been on the market since Feb. 1989. Vte recentl} had an offer on the house. Our realtor went to Orono City Hall to get copy of the house plans and it was brought to tier attention that the garage did not have a variance. consequently, we have a signed purchase agreement on our house but the prospective buyer has made the offer s,lbject to --.,ur:,btainilif a variance. This i.s all very upsetting; to us. We wanJ_- to sell our house. Very honestly we don't know a variance from an easement. We hired a builder because we are not in the building bus.ness. Mr. Ridgway is still insisting that he complied with Orono in 1984. We feel like we are in the middle. Appi-rently he. :_a itut.c!r what he said he did. Hopefully this matter can be resolved quickl,'l as we pl.. to close near the end of the montn. Thank you, � 11 S 12TH S - - • JN POL5 NESOTZ 5"54CJ .. 16121 3o1•e^id Bradley D. and Andrea S. Childs 1766 Humboldt Ave. S. Minneapolis, MN 55403 August 23, 1989 _ _ City of Orono --- —`� Attn.: Jean Mabsuth _ P.O. Box 66 Crystal Bay, MN 55323 Re: Enfield Variance Application, 2240 Devin Lane Dear Council Persons, We have recently signed a purchase agreement on the above mentionned property which is contingent on the City of Orono granting a variance for the existing location of %e detached garage. We would very much like to purchase this property and therefore strongly desire that ^ variance be granted. We feel that the current location of t tached garage enhances the aesthetic appeal as well as the -,lity of the property. Mr. and Mrs. Emfield precisely matched the design ani decor of the detached garage with the other improvements on the property so carefully that the added garage building is virtually indistinguishable from the original building. The glass on the side of the garage wall is aesthetically appealing and wholly consistent with the design of the house. All in all, the detached garage is a marked "positive" for the overall property. Others in the neighborhood must certainly have thought so, or the issue would not have arisen this long after completion of, and extensive use of, the detached garage. It is a perfect blend wish the existing house and to us it appeared from the beginning to have been built all at one time. We therefore respectfully request that :.►e variance he granted, and thank you for your consideration. Yours very truly, Aa.. m ,� .#dtza,�•- 4'Aev Brad _,: •'.rea Childs CC., Mr. and Mrs. Enfield Mimi Ryerse CITY OF ORONO INSPECTION NOTICE PERMIT NO. DATE CALLED IN SCHEDULED COMPLETED TIME :a p ADDRESS Kati o 13,61V)N I E OWNER _ _ CONTR. ` TELEPHONE NO. l orFOOTING ❑ PLUMBING N1 ❑ SITE INSPECTION 1 FRAMING O INSULATION ❑ MECHANICAL O WATER HOOKUP O EXCAV./GRADING/FILLING O WALL 80. O METER SET/TURN ON ❑ LAKESHOREIWETLANDS ❑ LICENSING iolop W O FINAL n' PROGRESS O SEWER HOOKUP O SEPTIC INSTALL. O COMPLAINT U FOLLOW-UP u OEMOL.. ❑ SEPTIC MAINT. n SEPTIC FINAL i Q 0 FIRE PReV. O WELL TEST PUMP O jt COMMENTS: �i yz"5 `14 --,es�— RE s� s , ' o W t � e � .a or O C V�FIK SATISFACTOR I ❑ : PROCEED PHOTO TAKEN O CORRECT WORK i PROCEED }' O CORRECT WORK. CALL FOR REINSPECTION BEFORE COVERING 7 O CORRECT UNSAFE CONDITION WITHIN HOURS INSPEC70H WILL RETURN j O STOP ORDER POSTED. CALL INSPECTOR. i ❑ INSPECTION REOUIREO. CALL TO ARRANGE ACCESS. call for the next inspection 24 hours in advance. OwnarlContr. on site Inspector 473-7357 White Copy/lnsWoor's File Golf' a:upy/Si it, Nulit e 0A I L I IMt CITY OF ORONO CALLED IN INSPECTION NOTICE SCHEDULED PERMIT NO. _ .-_- -- COMPLErED ADDRESS OWNER -------------- CONTR. -- TELEPHONE NO. (l FOOTING (.I PLUMBING RI O SITE INSPECTION D FRAMING ❑ MECHANICAL ❑ EXCAV./GRADING/FILL ING r) INSULATION n WATER HOOKUP ❑ LAKESHOHE/WETLANDS ❑ WAL( BD [T METER SET/TURN ON ❑ LICENSING O FINAL ❑ SEWER HOOKUP ❑ COMPLAINT ❑ PROGRESS ❑ SEPTIC INSTALL. ,W FOLLOW UP LI DEMOL (7 SEPTIC MAINT. ❑ SEPTIC FINAL ❑ FINE PRE V ❑ WELL YES] PUMP ❑ COMMENTS: I-- -1 jZl�[_, ❑ WORK SATISFACTORY PROCEED ❑ PHOTO TAKEN ❑ COHHECI WORK & PROCEED ❑ COHHECF W014K CAL1 FOH HEINSPECTION BEFOHE COVERING ❑ COHHECI UNSAFE CONDIT ION W11 HIN II(-; "'.S INSPECTOH WILL HL TURN. r1STOP OHDEHPOSTED CALLINSPtCTOH INSPECTION REOOI14LD CALL -t O ARRANGE ACCESS call for the next inspection 24 hours in advance. Owner/Contr. on site Inspector , = ►3 L k 473-7357 Wnvte CupyIInspeUut's Folio, Gt)ld Cupy/Site Nuuce a CITY -OF ORONO .f INSPECTION NOTICE PERMIT NO. _ i CALLED IN SCHEDULED COMPLETED ADDRESS OWNER CONTR. TELEPHONE NO. O FOOTING O PLUMBING RI O SITE INSPECTION C FRAMING ❑ MECHANICAL U EXCAV /GRADING/FILLING O INSULATION ❑ WATER HOOKUP ❑ LAKESHLIHE/WETLANDS O WALLeD. n METERSET/TURN ON U LICENSING W ❑ SEWER HOOKUP U COMPLAINT GRESS ❑ SEPTIC INSTALL. 45, FOLLOW UP O DEMOL. O SEPTIC MAINT FT SEPTIC FINAL O FIRE PREV. ❑ WELL TEST PUMP O 2 COMMENTS: nECKAd0__6ACACeA--___ _ W J d d Il W Q R W Z W d cc W O WORK SATISFACTORY PROCEED n PHOTO TAKEN Od ❑ CORRECT WORK 6 PROCEED V O CORRECT WORK. CALL FOR REINSPECTION BEFORE COVERING ❑CORRECT UNSAFE CONDITION WITHIN HOURS INSPECTOR WILL HETURN. ❑ STOP ORDER POSTED. CALL INSPECTOR O INSPECTION REQUIRED. CALL TO ARRANGE ACCESS call for the next inspection 24 hours in advance. Owner/Contr. on site — Inspector 473-7357 While Copy/Ir,t;peclw't de Gold Copy/Sale Nutme CITY OF ORONO CALLED IN -_-_--- INSPECTION NOTICE SCHEDULED _ -- PERMIT NO. COMPLETED ADDRESS _2�74-V 000 rU C OW IE OWNER _ CONTR. TELEPHONE NO. I1 FOOTING LI PLUMBING RI ❑ SITE INSPECTION 1 i FRAMING O PLUMBING FINAL ❑ EXCAV./GRADING/FILLING II INSULATION Fl MECHANICAL ❑ LAKE SHORE/WETLANDS I I WALL BD 11 WATER HOOKUP U LICENSING Il FINAL I I METER SET/TURN ON ❑ COMPLAINT I I PROGRESS Cl SEWER HOOKUP O FOLLOW-UP I I DEMOL TI SEPTIC INSTALL ❑ SEPTIC FINAL I 1 FIRE PREV FI SEPTIC MAINT H FIREPLACE/WOOD BURNER I WELL TEST PUMP ❑ - -_ -_. _ .. . COMMENTS: + S100 LlrnEfZ EbSTE-04 ' G4�rt�G� C'�stR�Ci'G�? �A�rTt-t-�yT_ OPT► " Ci-Os_f? Ta' f' — Vy1 rN %O' se-rgAQ< - -h^4-/e/�� El WORK SATISFACTORY. PROCEED O PHOTO TAKEN I I CORRECT WORK & PROCEED 1) CORRECT WORK. CALL FOR REINSPECTION BEFORE COVERING (I CORRECT UNSAFE CONDITION WITHIN HOURS INSPECTOR WILL RETURN STOP ORDER POSTED CALL INSPECTOR 1 I INSPECTION REQUIRED CALL TO ARRANGE CCESS call for the next inspection 24 hajurs in advance. - Owner/Contr. on site — Inspector } 1 473-7357 While Cully/ IH'1..4 I'S File Gold Copy/Site Nolice CITY of ORONO Post Office Box 66*Crystal Bay, Minnesota 55323•Municipal Offices On the North Store of Lake Minnetonka June 17, 1986 1 Robert Emfield 2240 Devin Lane Long Lake, MN 55356 Re: 2240 Devin Lame - Garage Constructed Without Permit or City Approval Dear Mr. Emfield: An inspection conducted on December 30, 1985 revealed that your detached garage was constucted without a permit. A stop work order was posted on the garage and you were to contact the inspector. In reviewing your file, you have not made any contact with the City. Therefore, I am writing you this letter to notify you that if you do not contact the City Building & Zoning Department on this matter within 7 days of receipt of this letter citations will be issued and the matter turned over to the City Attorney for appropriate legal action. If you have any questions, please feel free to contact me. Sincerely, Thomas J. Jacobs` Building Inspector TJJ/tln cc: Mark E. Bernhardson, City.Administrator Jeanne A. Mabusth, Zoning Administrator Michael P. Gaffron, Assistant Zoning Administrator Lyle Oman, Field Inspector Scott Richter, City Attorney BUILDING ! ZONING — 473.7357 • ADMINISTRATION A FINANCE — 473-7358 • PUBLIC WORKS — 473.7359 ASSESSING 161-z- aka 0 =VIM -I *� mov, C i n• Or GRONO SL i LDING AFTLICATION t.IIILDIKC Pr"IT APPLIC.AT1(1ti Rr.owrr! r!ITS trtr-tnta to be handed in wish Building rermit Application: 1) Building Pt•rn-it Application - to be filled out 6 signed 2) Ytchantcal Per+ait Application 6 Calculation filled out 3) Energy Calculations - filled out 4) Furnish Septic Report 4 Design S) Furnish a Certificate of Survey 6) Furnish A sets of Construction Plans: a) 1 set for City to krep on file l b) 1 set for builder to use on site ..';C PE DAT r:STAItT tt :•TE I 0101" ices-ts Rslot .IT Construction Plans shauld include: a) First floor plan b) rooting A. foundation plan e) rlevations (of all sides) d) gall sections b cross sections -c) Details - stairs and any special connections Tilt ABOL'E INFOWATION MUST BE SUBMITTED BEFORE PLAN RPJILI: IS DONr Lork beyond or without a required inspection will be subject to a penalty SITE A ►D::rSS_ 40 94y/w - t tGAL pt SC4IrI ION. ra0►. Ip 01 LOT BLOC[ SWDIVISIOr YJN6� (Name) (Address) / (Phone) �tZt) 4'6 L'?&VIAI '176 ARCHITECT/ENGINEER — Must Certify Multi -Family. Oo mmerciall &industrial Construction Plans ERT.NO. (Firm) (Address)%,1(Phone) 2 Lcrk — BUILDER (Firm) (Address) (Phone) TYPE OF WORK New Addition IN'Sq5A ONST. TYPE SLOG. SIZE ra0v. L. W. SIDENTIA STORIES B 1ELL. BORMS/FLR ITS R. STALLS SEPTIC R{{IT TT APP. DATE ar/TtT.DOCK v1swN.RESID. PROPOSED USE I[C. 11CIASS. STORIES COUNCIL out APP. DATE �ON RtOtl1RED WOFIK REOVIRING er1-4.... N_ SEPARATE PERM17S ! Nr•+t ry.� I �ar{�IIM ►{wart +rMYMaO {r.•Irr-r .1C...r.C.L • {1.1K SH aa.nrpw,•af. Na.0 JIC14- r.LL Of {Ya r-01 w-IIa -13 In$ alrLr.0 — i-r 1 I.ur •.r .-J r/-10-• Mel-C-L. 6.. RemoJel Renovate EST. CONST. VALUATION H1. 7sr, 3 RETt►R1C5: The undersigned hereby makes application for a building permit for the work described, sgr.es to do all work in strict accordance with the ordinances of the City of Orono and rulings of the State Building Code Division, and declares that all facts and representations stated herein are true and correct. Dare SiEnature CITYof ORONO PERMIT N0. _- 53411 Building Permit DATE ISSUED -7 -3 4(1- AND APPLICATION FOR CERTIFICATE OF OCCUPANCY EXPIRES P.O. BOX 66, CRYSTAL BAY, MN 55323 473-7357 ZONING DISTRICT SITE ADDRESS IIV% L& — LEGAL DESCRIPTION: PROP. ID. en-10 --Z3 2Z CV1"] of nrry RtliirllvmnN FIRE ZONE VAR. DATE COND. USE DATE LOT AREA WIDTH DEPTH PROPOSED SETBACKS F 0' R.SID REA� L.SID Et /l0 LAKE WETLANDS ACCESS NEW EXISTING AGENCY-APPROV. DATE CITY COUNTY STATE MENT REMARKS NER {Name) (Address) (Phone) y -1 ARCHITECT/ENGINEER — Must Certify Multi -Family. Commercial & Industrial Construction Plans ERT.NO (Firm) (Address) (Phone) BUILDER (Firm) (Addrssj, y L (Ph k- TYPE WORK' Ne Addition Remodel Renovate l ,—. L� - CONST. TYPE BLDG. SIZE EST. CONST. VALUATION [�'• / /� (3 O L. W. Ht. `�— (.� r � RESIDENTIAL STORIES B 1 2 3 PERMIT FEES 570 BDRMS/FLR BLDG. PERMIT Z DWELL. UNITS STATE FEE PLAN REVIEW GAR. STALLS SEPTIC ATT. APP. DATE DIET. PENALTY DOCK PARK FEE NON-RESID. PROPOSED USE. SACCHARGE OCC. CLASS. STORIES COUNCIL O� APP DATE TOTAL DUE S3 INSPECTION REQUIRED FOOTING before pour FRAMING rough -in INSULATION WALLBOARD Bef ,re Taping FINAL before occ upa ncv WORK BEYOND OR WITHOUT A RE- IRED INSPECTION WILL BE SUB- JECT TO PENALTY, INSPECTION HOURS 473.7357 CALL8 - 12 A.M. fNSP. 1 - 4 P.M. CALL 1 - 4 P.M. INSP. NEXT DAY 'BORK REQUIRING SEPARATE PERMITS PLUMBING MECHANICAL WELL SEPTIC SEWER WATER GRADING & FILLING ELECTRICAL from State COPY: WHITE —FILE GREEN —FINANCE CANARY —INSPECTOR GOLD —RECEIPT PINK —ASSESSOR ACKNOWLEDUEMENT THE UNDERSIGNED HEREBY REQUESTS PERMISSION TO MAKE THE REAL IMPROVEMENTS SPECIFIED, AND DECLARES UNDER PENALTY OF LAW ACKNOWLEDGEMENT AND ACCEPT ANCE OF ALL INFORMATION, CONDITIONS AND REQUIRE MENTS REPRESENTED ON T1!S DOCUMENT. THE UNDER— SIGNED FURTHER AGREES TO 00 ALL WORKS IN STRICT COM FLIANCE WITH ALL CITY OF ORONO ORDINANCES AND STATE �►OF MOTA BUIL G CODE REQUIREMENTS. �S;gne IN �i Date Approved A Cify of Oronc A RESOLUTION GRANTING AN AFTER -THE -FACT VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 12 FILE #1456 WHEREAS, Robert & Janet Emfield (hereinafter "the applicants") are the owners of the property located at 2240 Devin Lane within the City of Orono (hereinafter "City") and legally described as follows: Lot 5, Block 1, The Nursery, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for an after -the -fact variance to Municipal Zoning Code Section 10.03, Subdivision 12 to permit the construction of a detached garage located 5.3' from the principal residence structure on the property, where a 10' structure -to -structure setback is normally required. NON, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesc•_ , FINDINGS 1. This application was reviewed as Zoning File #1456. 2. The property is located in the RR-1B Single Family F?ural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 18, 1989, and recommended approval of the after -the -fact variance based upon the following findings: A) The garage was constructed without the required building permit, but inspections were made of the garage during its construction while a permitted deck was also being constructed on the property. The property owners were not advised until after the construction was completed that a structure -to - structure setback variance was necessary. Page 1 of B) The structure -to -structure setback requirement of 10' exists for a number of purposes, including aesthetic and visual separation of structures, maintenance of adequate emergency access around structures, and adequate separation between buildings for fire protection purposes. In this instance, the primary and detached structures, being 5.3' apart can be retrofitted with appropriate fire walls for fire protection purposes. The finish design and architecture of the detached garage is identical to the principal structure, hence the structures complement each other. Finally, the 5.3' separation, while being minimal, will allow non -vehicular access around both the detached garage and the principal residence. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the efsect of the after -the -fact variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zrning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience fn the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND Wk. !i'! WS Based upon one or more of the finding? noted above, the Orono City Council hereby grants an after -the -fact variance to Municipal Zoning Coda Section 10.03, Subdivision 12 to permit the construction of a detached garage located 5.3' from the principal residence on the property where a 10' structure -to -structure setback is normally required, subject to the following conts.:.-�-inns : 1. Applicants shall obtain a building permit and shall make the necessary modifications to the garage to meet minimum fire separation standards per the direction of the building inspector. Page 2 of 5 2. Current and future homeowners are advised that the detached garage and attached garage must remain structurally fctached from each other. Any future requests to attach the twc, structures wall first require obtaining a side setback variance to the 30' minimum side setback requirements of the RR-1B zone. 3. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that •te (September 25, 1990). 4. Violation of or non-compl.3nce with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall autor tical ly terminate any authority granted herein, and shall be punishable as a :misdemeanor. 5. The undersigned applicants have read, understood and hereby agree to the term- `_ this r- ,olution and on behalf of themselves, their heir: successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the City r7ouncii of the City of Orono, Minnesota at a regular meeting held on the 25th day of September, 1989. ATTEST: Dorothy M. Hr" i, City Clerk Property Owner(s) Page 3 of 5 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of September, 1989, by Dorothy M. Hallin, Acting Mayor S City Clerk of the City Orono, a Minnesota municipal corporation and said instrument executed on behalf of the City. Notary Public My Commission Expires Page 4 of 5 TO: Mayor and City Council FROM: Mark E. Bernhardson, City AdministratO DATE: Sep;:ember 21, 1989 SUBJECT: Well Bid/ Highway 12 Attachment: A. Well Bid/Highway 12 Dated 9/7/89 ISSUE - 92189.4 COUNCIL MEETINU SLP 2 510, C1 i Y OF ORONO 1. Decision as to whether the test well should be drill-(' on Highway 12. 2. If so, who is awarded the bid. INTRODUCTION - This item was tabled pending resolution of funding of an interim production well which will ultimately be used by the Otten development. This interim well will be available to provide service to the area north of 12 between Willow and Brown until the City well is operational. ALTERNATIVES 1. Award to Key Well. 2. Reje;t all bids. 3. Takr no action. RECOMMENDATION - It is recommended the bid be awarded to Key Well as lowest responsible bidder. PROPOSED MOTION - Moved by _, seconded by _, to award the bid to Key Well as the lowest responsible bidder. Ayes _, Nays cc: John Gerhardson, Public Works Director i 9789.22 14, TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrator DATE: September 7, 1989 SUBJECT: Well/Highway 12 Attachment: A. Well/Highway 12 Memo Dated 8/10/89 B. Bid Tabulation and Cover Letter ISSUE 1. Decision as to whether the bid for the test wells should be drilled on Highway 12. 2. If directed to be drilled, award of bid. INTRODUCTION - In order to develop the well for the Highway 12 it is necessary to undertake test drillings to determine an adequate supply for a 500 gpm well. DISCUSSION - The bid allows for r phases with Phase 5 to be bid in October -November. Phase #1 Test well/Site #1 (Otten) to the Prairio du Chien aquifer. If adequate water is found no further tests will be necessary and Phase 44. Phase #2 Test well/Site #2 to Prairie du Chien. If Phase 1 isn't sufficient r; test at Site 2 (Rebers rear lift station) will be done. If adequate go to Phase #4. Phase #3 Site #1/Test well to Mt. Simon/Hinckley aquifer. While there is adequate water, the test will determine level of radium. Phase #4 Interim "Productior" well. If needed this will be developed to provide water to the area until the Phase #5 well is installed. This well (50 gpm) would be eventually taken over by Cliff Otten. He would contribute to its drilling. As alternatives a.) Cliff Otten could individually drill a well which the City could use and share costs on an interim basis or b.) The City could tap an existing residential well presently owned by Mr. Otten. Phase #5 Municipal Well (500 gpm). This would include drilling a 12" well to the appropriate aquifer determined by the test drillings. While this could be bid and possibly drilled before winter, construction of the pump house and ordering (6 months lead time) and installation of equipment would probably not see completion until June, 1990. ^he proposed low bidder Keys Well and Drilling at $62,500 is substantially under the $89,000 engineer estimate. Actual cost will depend on which phases are needed. ALTERNATIVES 1. Award to Key's Well makir, all but Phase 1 optional dependent on needs. 2. Reject all bids. 3. Table pending resolution of interim production well cost sharing and need. RECOMMENDATION - It is recommended that the bid be awarded to Keys Well as lowest responsible bidder with all but Phase #1 being optional depending on need. (This recommendation may be amended prior to zhe meeting.) PROPOSED MOTION - Moved by _, seconded by _ , the Orono City Council awards the bid for water well test drilling to Keys Well for a bid of $62,590.00 with all but the initial. test drilling to be optional depending on need. cc: Glenn Cook, City Engineer John Gerhardson, Public Works Director oao G. bore rE• fs tt+ A� .'V+x" c 4^AA rt n .o n cn.•.+► •[ JVM R M.Wnd PA. M.Y► n wµl r! `� Rpplys W. E04fR ►L. G ►E. Rc� / •-JVCf % C. rnorr,., a Mwtr:an n 9A Bonest roo .eu�+ C. gnp�r►a P[ r Kran pacrM1 ►! Wry ► h+049 r[ &.1VVA ^ Wfcvi /a Jerry A.X p wson !. MXV R � r[ Cry»s n El[ason Min r I•.r1SOrl /a Rosene R.tn>r0 ! T✓nee r[. ,� K. .cW. r4 R^�en C ,� AlA ur M N.snsY ;Jn7<f C. Curl /[ /e. TromiS i. MS+i rE 3 r+ R. Coon /E. +A ersn T. RJ�mJrrl :Po Anders i k & irp++s ! 1vCyts P! ReOeR R. Pfeffov. 0 s j Cf Svc M Earn G PA wean a scrv,:re r ., or4 c �:>m. I. Associates %4.",m L S*fv" ►f !ncrus W flleran rL. A "?I Engineers & Architet*.s August 10, 1989 - i City of Orono i 1335 Brown Road So - Orono, MN 35323 Res Water Well Test Drilling Orono, M-4 File No. 13948 Dear Mayor and Council Members: Enclosed are the contract documents for the test drilling to find a suitable aquifer for a large capacity =nicipal well and the construction of a small well for temporary use. The sequence of drilling and construction set forth in the specifications is se follows. I. Test Drilling A. Drill a test hole at the primary site (Otten property) to determine if sufficient Prairie -du -Chien is available for a large capacity well. 1. If there is sufficient aquifer available, a water analysis will be taken and the test drilling completed. 2. If aquifer material is not available, a test hole will be drilled on the secondary site (Rebers property). It is intended to drill the secondary site prior to extending the test hole to the Mt. Simon because a) the tit. Simon test hole is approximately $20,000 mo,6e than a Prairie -du -Chien test hole and b) the secondary site is closer to Long Lake's wells where the Prairie -du -Chien is present. B. If Prairie -du -Chien is not present at the secondary site a Mt. Simon test hole will be drilled and a water sampli taken for analysis including radium. Page 2 2335 West Hlchwav 36 • St. Paul. Minnesota 55113 • 612-636-4600 Gap- 8 9 FR I 5 . 15:3 BU"t-- . I KtV L! :+ "ao-_j-- i " I c.. r z, August 10, 1939 City of Orono Water Well Test Drilling Orono, MN Our File No. 13940 II.Production Well A. Construct a 6 inch screened, drift veil on Otten's property for temporary use by the City. a. The well would be located where it would be useful for the planned development. b. A SO GPM submersible pump and a pitless adapter tank will be installed in the well. The tank serves the same purpose as a pressure tank on a domestic well except it is buried in the ground. c. A screened drift well is planned as construction and operation costs are less than a rock well. A rock well could be constructed at the contract unit prices if desized or necessary. If there are any questions or if any changes are desired. please let us know. Yours very truly, BONESTR00, ROSENE, ANDERLIX i ASSOCIATES, INC. Richard W. Foster RVF:df Encl. Page 2 Otto G Bonesuoo PE rim G A aaon. PE. MCNe C Lyncn PE Pneo J cir ed PE Bones t Rotem W Rose", PE Rcnam W FOSW.. PE. James R Marano. PE Mart O. Waal. PE roo oseon C ,v,oen,. PE Conan C Burt9aroe PE Kenne{n P Anpenp, PE Thomas R Anpersan ,1 to . RoSene Zxf ..1 Lr",O"q °E Rtnara E. Tu,nv Pc .el% A 9ouraw PE Yar. A Hznson PE Kean A Bacrmarn °E Nar. R " PE Gary c Rvanoe• PE Chars A EICKSon Anderlik & Jan," C otsw PE riie nn R Coot vE --a K FtM PE :'cnaes i Rauunann PE ROe;en C RUsse. A I A Tndrras E. Arqus. PE Leo PA Pawe'S.v Haman •A C.son Thomas E Nsoyn °E =ccM R PkMer'e Pc He.vara A :XAc'a. PE Susan N Etc— C PA Associates Ropers G Scr-wv, PE =a.d O Los+aa PE Caner J Ea9enon PE 7 1 I ■ Manx+ L SONAW PE Tr'arnas W Peterson. PE Nann, A Sea PE Engineers & Architects September 5, 1989 _ City of Orono Box 66 Sn _ L— Crystal Bay, MN 55323 Re: Water Well Test Drilling Orono, MN Our File No. 13948 Gentlemen: Five bids were received on this project as shown on the bid tabulation. The low bid was from Keys Nell Drilling in the amount of $62,590.00 and was below the Engineer's estimate of $89,000. Keys Well Drilling is a reputable con- tractor and we recommend the contract be awarded to them. The Engineer's estimate based on the proposal quantities is higher than the actual estimated project coat because not all listed quantities or work items will be done. For example, installing a casing and testing of water quality for both a Prairie -du -Chien and a Mt. Simon test well are included in the pro- posal in order to obtain unit prices. Either one or the other would actually be done during the project. The test drilling will be done in three phases as explained in our August 10 letter which is attached for reference. A comparison of the original esti- mated project cost and the estimated project cost based on Keys Well Drill- ing's unit prices is as follows: 1. Orieinal Est; -mated Proiect Costs Phase Test Drilling Production Vell Test Well Primary Site $15,700 $20,900 Test Well Secondary Site 20,800 20,900 Deep Test Well Primary Site 57,400 20,900 2. Estimated Proiect Costs Based on Bid Unit Prices Phase Test Drilling Froduction Well Test Well Primary Site $11,700 $24,900 Test Well Secondary Site 19,500 24,900 Deep Test Well Primary Site 36,500 24,900 Page 1. 29 Estimated Cost $36,600 41.700 78,300 Estimated Cost $36,600 44,400 61,400 2335 West Highway 36 9 St. Paul, Minnesota 55113 • 612-636-4600 City of Orono Orono, KN Re: File No. 13948 September 5, 1989 The large difference in project cost estimates is for the deep Mt. Simon test well, $57,400 v:. $36,500. The unit prices offered by Keys Well Drilling were substantially lower than the other bidders for the deep test well. If the project is completed with either of the first test holes, project costs will be near estimates. Should the third test hole be necessary, .,roject costs will be below 22Z below the estimate. Yours very truly, BONESTR0O, ROSENE, ANDERLIK & ASSOCIATES, INC. r.�Ie, 7��— Richard W. Foster RWF:li Encl. 29 4 F Ono G Bore PE P Bonestroo wxpnC Arm PE &aWao A Lertroelq PE Rosene Rlcnaro E Twnn PE ,or" C Gson PE Ande ^tik & Gcnn R Cu,� PE rr4ye ihos E NoL PE Rooert G 16— PE ' ' 1 1 Associates MJIV. L SC-94 PE Engineers & ArrAltects August 10, 1989 City of Orono 1335 Brown Road So. Orono, MN 55323 Re: Water Well Test Drilling Orono, MN File No. 13948 Dear Mayor and Council Members: aeu, A Croon. PE — M4naee C Lyncn PE Pn&o 1 CASW" PE R,cnaro W Four. PE James R MaLvd. PE mma O SAo&L PE Dona] C. BurgYOL PE sernem P AnoenoL PE Tnomas R .Ar4er✓S A rr Jerry A Bow". PE X&An A aacrana +. PE Cry F P),Uru ff PE Ma+a A runwn. PE Ma,a R kJ-. PE Cn.u,es A Ereu:.n Te,a K Fw a PE Rooen C Ruuea. AJA Leo M Pa. Say AA,ra" t 4auun0n11. PE TnonaL E AnguL PE 1,wtan M O.Scn Rooen R Pfenene. PE "a -No A Srvoo PE S..un M EOHus C PA 0av4 O LDUWU. PE Danes 1 Eogenon PE Tnorews W Pe,eesorL PE. Mara A kp PE Enclosed are the contract documents far the test drilling to find a suitable aquifer for a large capacity municipal wf:ll and the construction of a small well for temporary use. The sequence of drilling and construction set forth in the specifications is as follows. I. Test Dri'ling A. Dril_ a test role at the primary site (Otten property) to determine if sufficient Prairie -du -Chien is available for a large capacity well. 1. If there is sufficient aquifer available, a water analysis will be taken and the test drilling completed. 2. If aquifer material is not available, a test hole wil.l be drilled on the secondary site (Rebers property). It is intended to drill the secondary site prior to extending the test hole to the Mt. Simon because a) the Mt. Simon test hole is approximately $20,000 mo,e than a Prairie -du -Chien test hole and b) the secondary site is closer to Long Lake's wells where the Prairie -du -Chien is present. B. If Prairie -du -Chien is not present at the secondary site a Mt. Simon test hole will be drilled and a water sample taken for analysis including radium. Page 2 2335 West Highway 36 0 St. Paul, Minnesota 55113 • 612-636-4600 August 10, 1989 City of Orono Water Well Test Drilling Crono, MN Our File No. 13948 II.Production Well A. Construct a 6 inch screened, drift well on Otten's property for temporary use by the City. a. The well would be located where it would be useful for the planned development. b. A SO GPM submersible pump and a pitless adapter tank will be installed in the well. The tank serves the same purpose as a pressure tank on a domestic well except it is buried in the ground. c. A screened drift well is planner; as construction and operation costs are less than a rock well. k rock well could be constructed at the contract unit prices if desi,•ed or necessary. If there are any questions or if any changes are desired, please let us know. Yours very truly, BONESTROO, ROSENE, ANDERLIK 6 ASSOCIATES, INC. Richard Y. Foster RYF:df Encl. Page 2 TABULATION OF FIVE LOW BIDS OF FIVE RECEIVED PROPOSAL FOR WATER WELL TEST DRILLING ORONO, MN I hereby certify that this is an PROJECT NO. FILE NO. 13948 exact reproduction of Lids/received. 010 OPENING 10:00 A.M., C.D.S.T., FRIDAY, SEPTEMBER 1, 1989 RMJ . No. 11609 Richard W. Foster, P.E. 1 KEYS WELL i 2 E. H RENNER 3 INGLESIDE 4 BERGESDN 5 MARK TRAUT PROPOSAL ITEM DRILLING t SON CONSTRUCTION CA,WEIL WELLS _ Unit Unit Unit Unit Unit Description Quantity Units Price Total Price Total Price Total Price Total Price Total BASE 910 Item 1 Mobilization, transport equipt. 9 eat'l to project area, set up equipt. at primary well site (ltd. to 10% of Total Base Bid): Item 2 Mobilization i demobilization to each add'l well site, Iten -1 Drill 4 inch test holes, collect samples I analyze It" 4 Mean 4 inch test hole to set 4 inch casing to Prairie -du -Chien BT13948\SEPT89 L S L.S. L.S. 4,000.00 L.S. 7,463.00 L.S. 3,000.00 L— 8,200.00 L.S. 8,550.00 3 Each 500.00 i,590.00 100.00 300.00 600.00 1,800.DO 250.00 750.00 150.00 450.00 720 L.F. 10.00 7,200.00 10.00 7,200.00 6.00 4,320.00 7.00 5,040.00 12.00 8,640.00 245 L.F. 2.00 490.00 4.00 960.00 10.00 2,450.01) 8.DO 1,960.00 11.50 2,817.50 PROPOSAL FOR WATER WELL TEST DRILLING ORONO, MN PAGE 2 PROJECT NO. FILE NO. 13948 1 KEYS WELL S 2 E. H. RENNER 3 INGLESIDE 4 BERGESON 5 MARK TRAUT DRILLING S SON CONSTRUCTION CASWELL WELLS PROPOSAL ITEM Unit Unit Unit Unit Unit Description Quantity Units Price Total Price Total Price Total Price Tate Price Total IteL 5 Ross 4 inch test hole S set 8 inch casing into St. Lawrence 500 L.F. Iteo 6 Drill 8 inch test We into Mt. Siaron 500 L.F. It" 7 set 4 inch casing inside 8 inch using S open hole 625 L.F. It" 8 Drill 4' hole through Mt. Simon 175 L.F. Iten 9 Drill open hole of sufficient size to set o inch production watt casing 210 L.F. j,tM 1O Place 61 using in production welt 2011 L.F. Iten 11 Place 6 inch atsinless steel screen in production well 10 L.F. 5.00 2,500.00 28.00 14,000.00 35.00 17,500.00 18.00 9,000.00 35.00 17,500.00 12.00 6,ODD -00 10.00 5,000.00 25.00 12,500.00 18.50 9,250.00 20.00 10,000.00 6.00 4,950.00 10.00 8,250.00 7.00 5,775.00 10.00 8.250.00 6.00 4,950.00 10.00 1,750.00 15.00 2,625.00 10.00 1,750.00 18.50 3,237.50 20.00 3,500.00 20.00 4,200.00 14.00 2,940.00 10.00 2,100.00 15.00 3,150.00 10.50 2,205.00 1.00 2,200.00 12.00 2,400.OU 10.00 2,000.00 15.00 3.000.00 13.50 2,700.00 120.00 1,200.00 70.00 700.00 145.00 1,450.00 500.00 5,000.00 85.00 850.00 i PNP03AL FOR u►TER WELL TEST DRILLING ORONO, MN PAGE 3 PROJECT R0. - FILE NO, 13948 1 KEYS WELL i 2 E. H. RENNER 3 INGLESIDE 4 BERGESON 5 MARK TRAUT PROPOSAL ITEM DRILLING i SON CONSTRUCTION CASWELL WELLS Unit Unit Unit Unit Unit Description Quantity Units Price Totat price Total Etio Totat Price Total Price Total Itm 12 Place neat cement grout be:veen casings and open holes 46 C.Y. 200.00 9,2DO.00 100.00 4,600.00 200.00 9,ZOO. D0 200.00 9,200.00 275.00 12,650.00 ILM 13 Develop 6 inch welt screen 15 H-s. 110.00 1.650.00 100.00 1,500.00 150.00 2.250.00 95.00 1,425.00 125.00 1,875.00 Itee 14 Install test pump in production well L S L.S. Install test pump in Prairie -du -Chien/ Jordan test well, collect & analyze water sample L S L.S. Itm 16 Install test pump in Mt. simor. test welt, collect i analyze water sample L S L.S. Itw 17 Test pumping of production wall 30 Hrs. L.S. 800.00 L.S. 1,250.00 L.S. 1,450.00 L.S. 500.00 L.S. 650.00 L.S. 900.00 L.S. 750.00 L.S. 1,450.00 L.S. 1.100.00 L.S. 650.00 L.S. 1,000.00 L.S. 920.00 L.S. 1,650.00 L.S. 1,100.00 L.S. 650.00 75.00 2,250.00 40.00 1,200.00 60.00 1,800.00 60.00 1,800.00 45.00 1,350.00 PROPOSAL FOR WATER WELL TEST DRILLING _ ORONO, MN PAGE 4 PROJECT NO. FILE 110. 13948 1 KEYS WELL 9 2 E. N. RENNER 3 INGLESIDE 4 BERGESON 5 MARK TRAUT PROPOSAL ITEM DRILLING _ _ t SON CONSTRUCTION CASWELL WELLS Unit Unit Unit Unit Unit. Description Quantity Units Price Total Price Total Price Total Price Total Price Total item 18 Furnish i install pitless adapter tank; bowl assembly with submersible motor; column check i bleeder valves; concrete pad; electrical controls; t electrical work Ites 19 Furnish & install 2' column pipe and electric cable TOTAL BASE BID BT13948\SEPTB9 L S L.S. L.S. 10, " .00 L.S. 11,438.00 L.S. 8,800.00 L.S. 11,160 DO L.S. 10,200.00 160 L.F. 5.00 800.00 7.00 1,120.00 10.LJ 1,600.00 3.25 520.00 3.75 600.00 $62,590.00 $74,636.00 S82,845.00 S83,642.50 $90,797.5(' PROPOSAL FOR WATER WELL TEST URILLING ORONO, MN PAGE 5 PROJECT MO. FILE NO 13943 1 KEYS WELL i 2 E. H. RENNER 3 INGLESIDE 4 BERGESON 5 MARK TRAUT PROPOSAL ITEM DRILLING L SON CONSTRUCTION CASWELL WELLS Unit Unit Unit Unit Unit Desc iDtign Quantity Units Price dotal Price TotaL Price Total Price Total Price Total •lffffffffffflffff •ff••f •••fff►•►•f ►•f ••••fff••••f••••••1111ffff►1f�f1f►11111f111111111f••••f••111f 11111111111ff1f1111f111f►••1f1f1f ►•fff111f •►•►•f ►1f11f111f BID BOND, CERT. CHECK, CASH DEP. FIRM BY TITLE ADDRESS TELEPHONE N0. 5% 5% 5% 5% 5% KEYS ',r DRILLING E.H. RENNER 9 SONS INGLESIDE ENGR.i BERGERSON-CASWELL MARK J. TRAUT WELL INC. INC. CONSTRUCTION, INC. INC INC. JEFFERY W. KEYS ROGER E. RENNER BRIA4 VAN BEUSEKOM JOHN H. GILBERTSON LON R. HOLLISTER SECRETARY -TREASURER PRESIDENT PRESIDENT VICE PKESIDENT SECRETARY-TFEASURE 413 N. LEXINGTON PKY 15688 JARVIS ST. NW 4920 HWY 55 5115 INDJSTRIAL ST. 151 72ND AVE. SO. ST. PAUL, MN 55104 ELK RIVER, MN 55330 LOREiTO, MN 55357 MAPLE PL%IN, MN ST. C'nUD, MN 55359 56301 (612) 646.7811 (612) 427-6100 (612) 479-1869 (612) 479-3121 (612) 251-5090 i "3141ympw To: Mayor Grabek & Orono Council Members COUNCIL MEETING City Administrator Bernhardson Building & Zoning Administrator Mabusth SEP 2 51989 From: Lyle Oman, Building Inspector CITY OF ORONO Date: September 22, 1989 Subject: 1949 Fagerness Point Road - Hazardous Building Proceedings Staff is requesting that the Council review the above subject property for Hazardous Building Proceedings. After receiving complaints regarding the unsafe condition of the occupied building, staff conducted an inspection which revealed that the building is in a damaged and deteriorated stat^_, is in ar, unsafe condition and has structural deficiencies which constitutes a define hazard. Major items of concern by staff are as follows: House - 1. Failing foundation and improper beam support. 2. Leaking roof causing extensive water damage. 3. Improper electrical wiring. 4. Improperly installed wood stove. Garage - 1. Garage has been damaged by fire. 2. Rotted walls and a collapsing roof. There are four options that can be taken• 1. Table proceedings. 2. Adopt resolution as written. 3. Adopt resolution with amendments. 4. Deny resolution. Staff recommends adopting resolution as is and commencing with Hazardous Building Proceedings. '�Mlln im. �1��f � 6j ;moo A RESOLUTION FINDING A HAZARDOUS BUILDING AND REQUIRING THE SECURING AND REPAIR OF STRUCTURES AT 1949 FAGERNESS POINT ROAD, ORONO WHEREAS, the Ci4.y of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Steven Davis is the fee owner of record of property located at 1949 Fagerness Point Road, Orono, Minnesota, herein referred to as "thF• property", and legally described as follows: Property Identification Number: 18-117-23 14 0016 Lots 23 and 24 including accretions described as follows: commeii%ing at most northerly corner of Lot 24, thence south- westerly to most westerly corner thereof, thence southeasterly at a deflecting angle to the left of 60 degrees 36 minutes to the south line of under the the Linden Avenue said point being the actual point of beginning, thence continued southeasterly on said angle line a distance of 61.05 feat thence northeasterly to a point i.n the extension southerly of east line of Lot 23 :jistance 57.05 feet south from south line of under the Linden Avenue thence northerly along east line of Lot 23 extended to south line of said avenue, thence westerly along said south line to beginning, Fagerness, Hennepin County, Minnesota; and WHEREAS, the -;-4ty Council of the City of Orono, having duly considered the matter pursuant to Minnesota Statutes Sections 463.15 to 463.261, hereby finds that the above described property is uninhabitable and contains unsanitary and hazardous conditions which constitute a public nuisance and which makes this property hazardous to the public health, safety and welfare based on the following findings: 1. Basement wall backplastered over dirt for foundation wall, northwest corner. 2. Basement wall caving in at cellar door. 3. Improper beam support over doorway in basement. 4. Electrical wiring to florescent lights - improper installation (use of light -gage speaker wire). Page 1 of 5 , ►. 5. Wood stove on second floor installed without permit and have proper clearances. 6. Outlet covers missing or broken. 7. Roof leaks and appears that water is ponding around light fixtures. 8. Improper installation of roofing on flat rcof. Rolled roofing used. Water ponding on roof. 9. No flashing installed on roof in valleys. 10. Sheet rock sagging in northwest room due to leaking roof. 11. Water stains around light fixture in kitchen. 12. Water damage to ceiling, northwest corner in bathroom. 13. Bathroom (first floor) water stains ceiling around light fixtures. 14. Water stains around ceiling light f; -es in northwest room, second floor. 15. Mildew on wails and ceilings in nort�iwest corner room, second floor. 16. Improper stairway w-43th to basement. 17. Electrical wiring to light fixture by lake is improperly secured. 18. Rim joist insulation needed. Garage - 19. Roof collapsing on the south side. 20. Wall rotten half way up on the south side giving poor support to the roof. 21. Electrical wiring unsafe. 22. Some damage from fire on August 7, 1989. Page 2 of 5 Building is in a state of deterioration and dilapidation, thus it- is a safety and health hazard pursuant to Minnesota State Building Code/Uniform Building Code, Section 203. Orders to remove or repair the structure were issued by the Building Official on August 30, 1988 and August 21, 1989. These orders have not been complied with. NOW, THEREFORE, BE IT RESOLVED as follows: A) That the City Council of the City of Orono, pursuant to State Statute 463.251, hereby orders the owner(s) to board - up and secure the garage structure within ten (10) days. The City Council further orders that unless corrective action is taken within ten (10) days from the date of service of this order, it will result in the City properly securing the building and the cost thereof will be charged against the real estate as provided in State Statute Section 463.21. B) The City Council of the City of Orono, pursuant to the foregoing findings and in accordance with Minnesota Statutes Sections 463.15 to 463.261 hereby orders the owner(s) of the property to make the following repairs in order to correct the hazardous condition: 1. Remove backplaster which covers dirt and provide proper foundation per Minnesota State Building Code on wall in the northwest corner. 2. Remove al l debris from wal l caved in at cr I lar door and provide proper foundation wall per Minnesota State Building Code. 3. Provide proper beam support over doorway in basement. 4. Remove flourescent light wiring and provide proper wiring to these lights in basement. 5. Remove wood stove/secure permit for installation/install per Minnesota State Building Code. 6. Provide outlet covers for all outlets. Page 3 of 5 4.. 7. Remove existing roof covering and provide new roof covering per Minnesota State Building Code. 8. Provide proper roofing on flat roof. 9. Provide proper flashing in roof valleys —it" the replacement of the roof co, tea: i.ng. 10. Remove sheetrock that is sagging in northwest corner room and replace. 11. Have master electrician check out light fixture in kitchen to verify no fire hazard exists. 12. Remove water damaged sheetrock on ceiling and northwest corner in bathroom and replace. 13. Have master electrician check out ceiling light fixtures in first floor bathroom to verify no fire hazard exists. 14. Have master electrician check ceiling outlet fixtures in northwest room on second floor to verify no fire hazard exists. 15. Remove sheetrock on walls and verify no damage to stud walls in northwest corner room, second floor. 1'r. Remove stairway and provide new opening with proper width to basement stairwell. 17. Have electrician re -install or remove ligth fixtures by lake so that it is properly secured and is not a hazard. 18. Provide rim joist insulation in basement. Garage - 19. Roof collapsing on south side - remove and replace roof structure. 20. Remove rotten wall on south side and replace. Also, replace the roof above. 21. Have master electrician remove all electrical wiring and replace in a safe condition. Page 4 of 5 22. Owner(s) should submit plans on how he is to repair damage caused by fire on August 7, 1989 and must make corrections per Minnesota State Building Code. 23. Owner(s) must maintain property so as not to cause a safety or health hazard. If the repairs are not completed or unless an answer is filed within thirty (30) days from the date of service of this order, the City shall move the District Court for summary enforcement of this order. If an answer is filed to contest the hazardous building action, the matter shall be tried and decided by the District Court. If the order is sustained by the Court, the Court shall affix a time after which the building shall be destroyed or repairer: ar; :et forth in Minnesota Statute Section 463.20. TF. the course judgement is not complied with in the time prestobed, the City may make the repairs, raze or remove the hazardous condition or building or acquire the building and real estate on which the building or hazardous condition is located by eminent domain. The necessary costs of such repairs, razing or removal, including but not limited to attorney fees, witness fees and filing fees shall be a lean against the real estate on which the hazardous condition exists and will be levied against the property as set forth in Minnesota Statutes Section 463.21 and 463.22. That the City Council of the City of Orono hereby authorizes and directs the Mayor, City Clerk, City Attorney, and other officers and employees of the City to take such action, prepare, sign and serve such papers as are necessary to comply with this order and to assess the cost thereof against the real estate described above for collection along with taxes. Adopted by the City Council of the City ci Orono, Minnesota, this 25th day of September, 1989. APPROVED: ATTEST: Dorothy M. Hallin, City Clerk Page 5 of 5 92089.3 .001*� TO: Mayor and City Council }��jj FROM: nark E. Bernhardson, City Administrato���Vt� DATE: September 20, 1989 SUBJECT: 1990 Budget Attachment: A. Commentary to 1990 Budget Guidelines ISSUE - COUNCIL MEET LNG SEP 2 51989 CITY OF ORON 1. Reminder of preliminary Budget discussion meeting 6:00 P.M. WEDNESDAY, SEPTEMBER 27, 1989 (Please bring this memo and attachments plus 1990 Proposed Budget document. Box lunches will be provided.) 2. Presentation of additional information for that meeting. INTRODUCTION - Attachment A provides commentary as to the relation of initial budget guidelines to the proposed budget plus comments on selected division budgets. DISCUSSION - 1he proposed budget levies the maximum allowed under the general fund levy limits. The overall increase in property taxes for '.he City's budget is 6.1%. As the City receives about 10% of *:ie overall property tax a person pays, a person could calculate their increase caused by this proposed budget by multiplying their 1989 property tax bill (less any special assessments) by 1/10 of 1% (.6%). This represents about a $6 increase for each $1,000 of property tax paid (i.e. a $3,000 tax bill would see an $18/year increase.) Each $10,000 reduction in property tax in the budget would translate to about 72¢/$1000 of taxes paid. Failure to levy the general fund levy limit maximum may preclude the City from levying the unlevyed amount in the futu New additions to the budget this year include: a.) Revenue projections for all funds (pgs IV -VI) b.) Two new divisions in the General Fund - Recycling Reimbursables from development (Private Improvements) RECOMMENDATION - It is recommended the Council accept the information presented. PROPOSED MOTION - Moved by , seconded by _, the Orono Council accepts the information in advance of its meeting at 6 P.M., Wednesday, September 27, 1989. Ayes _, Nays — . /000� 11-10'1 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrator DATE: June 20, 1989 SUBJECT: Budget Guidelines 1990 (Revised) Attachment: A. City of Orono Statistical Chart Updated 5/89 ISSUE - Presentation oC general guidelines for Council review, comment and amendment for the upcoming 1990 budget year. INTRODUCTION - As was done last year preliminary guidelines are againnteJ to Council for review and comment In the early part of the budget process. This is done again to solicit from Council priorities, juldelines and issues that they feel are importa:�t for the upcoming budget. The City will undertake the State mandated Truth in Taxation for the first time during the 1990 budget. Iecause of the complex nature of it in implementing it, the State Legislature has modified some of the features and the timeframes for payable 1990. The Governor chose to veto the bill and the time lines to be followed are presently uncertain. To be safe however, the City should set its mill rate by August 10, 1989 and notices will be sent out to the taxpayers as to the impact of that budget during September - October 1999 with public hearings to be held in the October - November timeframe. (This may be altered as the State provides additional information. It may be subject to whether a special session is held.) Because of the levy limits established by the State and the fact that they have twice in the past eight years limited cities to their previous years actual levies, it would be prudent for Orono together with the other cities in the State to levy their maximum in order to retain flexibility in the future. In addition the levy limit establishment for 1990 will be substantially below the anticipated inflation rate. DISCUSSION ECONOMIC OUTLOOr: The United States economy continues to expand at s ower rates although the expected recession -s still not on the horizon. Positive notes have included the decreasing trade deficit because of expanded exports together with efforts to slow down growth through interest rates. The negative signs however, have been inflation rates for 1988 of 4.4t, and anticipated inflation rate for 1989 above 51 with little decrease anticipated for 1990. Recent leading economic indicators continue showing some strength for the continued growth in the economy. Although efforts to slow inflation have also tended to limit economic growth. While the trade deficit has shown improvement in recent months, a worsening of that because of a stronger dollar together with the Federal deficit not being dealt with could bring the TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrat4 DATE: September 19, 1989 SUBJECT: Proposed Budget Commentary on Initial Guidelines (Revised) Dated 6/20/89 The City has net the necessary levies as specified in the orlginal law. Based on the information received from the State Department of Revenue, October 9th has been set for thA -equired Public Hearing. The tudget may either be adopted thr4 avanlnq or tabled urtil the October 23, 1989 meeting. It may bo, i,-L-ient to wait pending any special session. The levy needs t•v he otstified to the County by November 9, 1989. long predicted recession sometime in 1990. Some maintain we are currently going through a rolling recession or de ression as there are sectors of the economy which are hit �or various reasons such as the energy downturn for the last four or five years following downturns in the "rust belt". As is true with the national economy, the Minnesota economy particularly in tho ?Tptrp area has continued to expand. The pro:,lem however, has been a growing sentiment for taxpayer revolt particularily regarding property taxes. The Minnesota Miracle which was initiated in the early '70's, has now become a victim of its own success. The Legislature continues to use bandaids attempting to solve the expenditure driven formulas, particularly in trying to keep taxes down in the Out State area. This complicated system however, has become unpredictable. Property tax reform that was passed in 1088 for 1989 resulted in tax increases, not only in the Metro suburban area, but in the areas Out State that are substantially more than Legislators had anticipated. This caused the 1989 Legislature to moderate these increases by additional State monies beiny poured into property tax relief together with making the levy limits and expenditures as tight as possible for local units of government. This attempt was hoped to have property taxes at a palatable level for 1990 in advance of the 1990 elections. It was anticipated that the 1990 Legislature will work to get money into programs that they have held back on in 189 in hopes of making a positive impression on property taxpayers together with constit-,ent support groups that have not received much during 1989. With the Governor's veto and possible special session which may undertake a substantial change in direction for 1990, this may be significantly altered. Regardless of a sepcial session a significant recession in the latter part of '89 into the early part of '90 may carse substantial problems in funding these relief and expenditure measures. For Orono the tight levy limit is exacerbated by the need for selected expenditure increases during 1990. This will result in a rather tight budget year in '990. A recession may materialize because of higher interest rates, at least in the housinq ector. This could cause a downturn in construction activi_y as could a general recession. Price increases in current items primarily in the energy sector will trar late into unit costs for these products that are higher than the rate of inflation. GOALS - Primary budgetary goals for 1990 include: - Continued utilization of a capital budget framework which may include the following projects for 1990: Old Crystal Bay/Bridge Replacement North Ferndale/MSA Willow Drive/Seal Coming Projects in either 1989 or 1990 !Iegotiations still continue between the Governor ar,d Legislature. A to -get date for a;reement was set for September 30, 1989. If no agrement i. reached there may be no session this fall. If no special Session it is expected that refunds for 1990 will come to property owners in advance of the 1990 election as a result of the regular 1990 Legislative session. The economy continues to grow with fears of an '89 recession significantly diminished. Construction activity in Orono for 1989 is ahead of the same time in 1988. L Frontage Roads - Highway 12 (North/South) Water Tower - Highway 12 City Facilities - Undertaking a facilities improvement and any initial financing of that undertaking. - Continued exploration of user fees. - No new programs requiring additional funding. - Continued control of legal services expenditures. REVEN"Er - - Property tax revenue limits for 1989 .nclude the 33 levy limit cap plus 1/2 growth in the households which for Orono will be about a 3.6% increase. The City is expecting no addition in State Aids. This maybe reduced to as little as 34. - Fees and Charges. It is anticipated that given the inflationary rate that these charges should be increased in the range of 4-54. INVESTMENTS- - The higher interest rates for City investments, which have been over 91 during 1989, may decrease to 83 during 1990 as inflationary pressures lessen. (The City's over all investment return in 1938 was 8.41.) - Intergovernmental revenue will stay at approximately the same plateau. UNDESIGNATED FUND BALANCE - - For the 1989 budget the City placed $100,000 into undesignated reserve for budget expenditures earmarked for the building fund. This was done in partial expectation of mzking a "reserve appeal" for 1990. This avenue for increasing the City's levy base was not continued for 1990. It is recommended however, that another allocation be made for 1990 in case the appeal will be available for 1991. EXPENDITURES - It is anticipated that inflation for 1990 will be in the 48 range. Given the levy limit of 3-3.6% and the funds for current personnel, who are not at their position top step, it is anticipate) that a 2.5-34 increase in salaries will be all that is financially feasable for 1990. This is in light of increases in oil and other energy related expenditures plus increases in health insurance that are anticipated to markedly exceeded the base inflation rate. 3 Currently working to schedule meeting to discuss the tour, design quality issues, financing and site. No new classes of fees are proposed. No additional programs are proposed. Selected efforts have been made regarding the per unit costs together with total costs in non -prosecution areas. more avenues however, are being explored to understand the overall prosecution cost and its control/versus revenues generated. The actual levy limit increase allowed in the General Fund is 4.51. These will be reviewed in October and November. The year to date average interest rate is 8.76%. The City's Local Government Aid is up about 1.9%. The significant increase in 'municipal State Aid maintenance funds over 1989 reflects what the City has been receiving. Because of the transfer of funds to the Dui lding Fund and current direction of tax reform it was decided not to do this at this time. Srl.ry increases are proposed at 38 in the budget at this time. Health Insurance rates are up 12.68. (While the inflation rate the first 6 months of 1989 was at a 4-58 annual rate, the past two months has been at a 1.2% annualized rate.) 3 END OF YEAR BALANCE - During the part five years the actual revenues have exceeded the amount actually expended, by over $200,000. This has bean narrowing every year as we have increased the investment amount to a more realistic figure in the revenue projections. It is anticipated the 1989 difference will be $80,000. The budget for 1990 will have no expectation for any excess. This is particularly true if there is a downturn in building activity together with the anticipated need to start using undesignated balance for facilities improvement. FUND BALANCE Because of the tenor of the Legislature, there is an expectation that undesignated reserves may become a target in upcoming Legislative sessions. In light of this and the need for facilities it would be prudent to designate these monies to the building fund during 1989 in order that they do not become the basis for reductions in the City's ability to levy or limit State Aids. ORGANIZATIONAL STRENGTH The organization is at a high state of productivity and because of tight budgeting has not added personnel since the 1986 Budget. Various task additions or expansions have been discussed at a staff level as possible position areas in the next few years. Some of these tasks may require a full position others combine in various ways for additional positions. Police Supervisor - (The 3rd Lieutenant) (If done within the current authorized strength would not be a substantial cost.) Engineering - In a review of its engineering services, the City may add this function to an existing position, eventually blending it with the Pubiic Works Director position should it chose to lessen reliance on a consulting engineering firm. Administrative Assistance -Tasks in this area would include assistance to the department heads and the administrator in areas of new projects, personnel, labor relations, insurance and management information systems (computers). Clerical Assistance - At a minimum it is anticipated that additional hours will be requited to again strengthen this area. This .gay include assistance in both the general clerical and financial areas. Assessing Function - Because of the growing complexity of the tax system particularly in appraising Orono the current contract Assessor has indicated he does not desire to undertake Orono in the future. Monies that have used to may be need to hire City's own Assessor and The projected difference for 198; is now expected to exceed $150,000 of revenues over expenditures. The transfer of monies to the Building and PIR fund were made in August, 1989. The selection process for an 4n-)louse promotion will commence this fall. The Budget doe: not contemplate an additional position over the present 15.5-16 (dependent on the number :elected by Long Lake of either 2.5 or 3.) No action regarding this proposed in the 1990 Budget. This will be explored during 1990. No action regarding this proposed in the 1990 Budget. This will be explored furing 1990. No addi�ional hours budgeted for 1990 except for the clerical addition possibly in the assessing area. This was budgeted as an in-house position. 4 4 T clerical assistance. As an a1ternativ- he may:)e w.11ino to do a phase out through the end of he year :o that City can transition to an inhouse or nother contract assessor. Other reliable contractors however, may not be available and an inhouse function (perhaps with contracts to selected communities) may be a better alternative than contracting with the County. Plumbing Inspection Assistance - To '_hr extent that the City is require to have a license( master plumber, the City may need to provide this in an alternative way until its inspectors are qualifier+.. This may be done through utilization of summer employment funds as sech a person would also be in,olved in the septic testing program. To the extent that these are new positions the City currently is extremely limited in space within which these additional functions could work. 7unding may also be a limiting factor in progress on these needs. ALTERNATIVES - 1. Discuss jointly giving comments as to additional or altered directions the Council would desire to take during 1990 budget. 2. riscuss these individually with the staff. 3. Table for further discussion. 4. Accept the information as presented. 5. Take no action. RECOMMENDATION - It is recommended that the Council ;ive their individual thoughts to staff regarding budget guidelines and that if appropriate that it be discussed at the first meeting in July. PROPOSED MOTION - `loved by _, seconded by _ that the Council accept the information and present their directions to staff with perhaps tabling of the item for future discussion. Ayes _, Nays S ' -^"'�•7il,t., _r '.i n.,.R .. •r •� H.a�n'ty"'.M'��h�yTs•',' �s It was determined that this will not be required during 1990. Further Budget Comments In addition to the guidelines, the following are comments on particular budget areas. City Council - The primary differences represent the increases in money for the LMCD's milfoil program. Elections - The increase is due to State and muni.-ipal elections in 1990. Assessing - The es`'-ates are for an in-house as:.essor and clerical support. actual figures for in-house or contract may be lower. Legal - The primary cost ?ncreases are related to prosecution. Police - The primary increase is dependent on whether Long Lake decides or, 2.5 or 3 personnel specifically assigned to them for 1990. ?1annir•.g and Zoning - There wi11 be a decrease in the budget for "other consulting by $5,000. Animal Control - The number of contract hours will remain the same. TTEeea aitional publication expenses are for new licensing in 1990 for 1991. Recccliny. - This is a nr.+ division within the budget for 1990. EMT -lit was initially handled through street maintenance Private Improvements - This now budget division represents the costs pa►� to [die City-s contract providers (iegal, Engineering, Planning, etc.) for ;pecific land use and other applications. c,t^n amounts paid f­ these and staff time exceed the fees F id, ­,2se are additionally billed to the application. Special Projects - The primary increase is th,• establishment of a S25,000 contingency for 1990. -his is 'he first contingency budgeted since 1987. This amount cannot bcr used without Council authorization. .. 92289.3 COUNCIL MEETING TO: Mayor and City Council �0 FROM: Mark E. Bernhardson, City Administrate SEP 2 �1989 11 DATE: September 22, 1989 CITY OF ORONO SUBJECT: 1990 Mound Fire Contract Attachment: A. 1990 Fire Contract Budget Proposal ISSUE - Presentation of the draft 1990 fire contract with Mound INTRODUCTION - Attached is the proposed contract for fire services for 1990. Currently staff will be working with Mound on the language for a few minor items in the contract. This is presented to see if you have any comments at this time. It will be presetned for final adoption in late October or November. The budgeted cost under this contract for 1990 is a 2.5% decrease. PROPOSED MOTION - Moved by , seconded by , the Orono Council tables action on this item pending discussion of selected items with the City of Hound. Ayes _, Nays cc: 9'om Kuehn, Finance Director Mel Kilbo, iolice ".nief 1 CITY of MOUMOUND. 1,11NNESOTA iS.itis iJira�U •}i� � t r (612) 472-1155 TO: ALL FIRE CONTRACT CITIES��I FROM: ED SHUKLE, MANAGER DATE: AUGUST 10 RE: 1990 FIRE CONTRACT BUDGET PROPOSAL Enclosed is the 1990 Fire Contract Budget Proposal. It follows the same format and approach as used since 1982 with the exception that we are now using market value instead of assessed value due to recent legislative changes. For your information, the total market value has increased a total of $45,497,500 or 7%. The fire and rescue call hours were up in 1987 for all of the cities and were down in 1988 by 935 call hours or 10%. Capital Outlay reflects t.na following purchases: 1. Fire gear (coats, helmets and spanner belts). 2. Computer overlay projector. In addition, we have included $20,000 in the Equipment Reserve account toward the purchase of a heavy rescue vehicle scheduled for purchase in 1991. 1990 will be the third year of the equipment reserve account. Retaining an annual increase of 10% for the Firemen's Relief Association Fund is also in the 1990 Budget. Current Fire Relief Association By -Laws call for pension benefits of $350 per month. Included within the Chief's salary and Officer's Pay line items is a part-time secretary who will work approximately 24 hours per week performing secretarial duties for the department. The Fire Department is very proud of the q-lality of their equipment and the service they provide. The Cicy of Mound is proud of having such a dedicated group of individuals who volunteer their time for the safety of al) of our citizens in the fire service area. 1 An equal opportunity Employer that does not discriminate on the basis of race. color. national origin, or handicapped status in the admission or access to. or treatment or employment in. its programs and activities. Also enclosed is a copy of the changes made in the actual contract we have with your city and a clean copy for you to fill in, sign and return. Please review this information► and the proposed budget and contact Don Bryce, Fire Chief or myself if you have questions. EJS:fc - PAGE 1 of 1 CITY OF MUTUAL AID N DATE TIME IN SERVICE TIME OUT OF SERVICE ADDRESS TYPE OF CALL TOTAL IIOUI, PER INCIO1 105 4-8-88 146 324 935 Tonkawa Road (Mutual Aid to Long Lake) fire 56 153 5-21-88 0354 0650 Stand By at the Excelsior Fire station fire 60 309 9-19-88 1420 1654 31403 Kingspoint Rd 66 Mutual aid to St. Boni fire 369 11-12-88 759 852 5285 Manchester Drive, Maple Plain fire 18 410 12-25-88 401 741 130 interlachen Lane, Tonka Bay fire 95 Mutual Aid to Excelsior i I I I CITY OF ORONO PAGE 1 of 2 # DATE TIME IN SERVICE TIME OUT OF SERVICE ADDRESS TYPE OF CALL TOTAL HOURS PER INCIDEh 9 1-2-88 2021 20117 3460 Shoreline Blvd fire 25 10 1-6-88 1618 1651 3554.Livingston Ave fire 11 12 1-9-88 1236 1300 Rick's Super Valu parking lot car fire 24 20 1-14-88 604 657 2505 Kelly Ave fire 25 24 1-16-88 2143 2223 111,55 West Branch Rd emergency 22 42 2-1-88 1638 1705 Public Access to Lafayette Bay off old Beach Road fire 16 47 2-8-88 1222 1256 3496 Shoreline Blvd emergency 9 55 2-19-88 1914 2012 3335 Old Crystal Bay Rd emergency 22 57 2-21-88 106 121 3725 Togo Rd emergency 17 58 2-21-88 2057 2148 1375 Cherry Place fire 26 61 2-28-88 0100 0149 4635 Tonkaview Rd fire 13 64 2-29-88 842 915 4635 Tonkaview Rd fire 11 66 3-2-88 1319 1327 1710 Shadywood Rd fire 8 67 3-2-88 1431 1510 1160 North Arm Or fire 11 91 3-29-88 1006 1024 2227 Shadywood fire 10 92 3-30-88 2106 2255 855 Forest Arm Rd fire 23 98 4-2-88 1902 4196 North Shore Drive fire 17 101 4-4-88 1158 1228 3508 Livingston Ave fire 13 103 124 4-5-88 4-27-88 22117 2123 2149 1200 Loma Linda Ave 1880 Shad,:•iood emergency 20 Rd emergency 23 128 1 5-2-88 2033 2043 Co Rd 15 F Co Rd 19 fire 29 140 5-12-88 1829 1925 1905 Concordia St fire 22 148 5-17-88 1342 1440 2585 Dunwoody Ave fire 12 .69 6-1-88 2216 2247 4191 North Shore Drive emergency 21 223 7-7-88 1848 1914 3500 Shoreline Drive fire 19 224 7-9-88 434 449 2795 Shadyw Road fire 18 231 7-12-88 1735 1805 4425 North a Drive fire- 24 232 7-14-88 2043 2110 2709 Walter_ .ort Lane emergency 20 233 7-14-88 2124 2201 Cy. Rd 19 & Crystal Bay Rd emergency 28 234 i 7-14-88 2130 2208 2696 Caroline Ave fire 28 236 7-15-88 17110 1805 North Arm•Launch emergency 22 241 i 7-20-88 1/45 1829 1410 Park Drive 'ire 25 CITY OF ORONO PAGE t " DATE TIME IN SERVICE TIME OUT OF SERVICE ADDRESS TYPE OF CALL TOTAL HOW PER INCIDI 276 8-17-88 1848 1928 2510 Old Beach Road fire 26 297 9-8-88 1205 1240 3025 Casco Pt. Rd fire !1 303 9-12-88 1703 1756 2306 Olive Ave fire 24 311 9-19-88 2329 0010 Casco Pt Rd and Dunwoody Ave fire 30 318 9-24-88 1405 Across from 1921 Fagerness Road fire 15 326 10-4-88 841 9114 3125 Casco Circle fire 11.) 330 10-7-88 1440 1512 3025 Casco Point Rd fire 12 339 10-18-88 1201 1226 3025 Casco Pt Rd fire 9 340 10-18-88 1354 1409 3025 Casco Pt Rd fire 7 350 10-25-88 2049 2108 3860 Shoreline Drive fire 19 368 11-12-88 0044 0136 1055 North Arm Drive fire 13 386 11-30-88 1648 1734 Cty Rd 15, just east of Cty Rd 19 emergency 21 388 12-3-88 2241 2318 1360 Vine Place fire 18 397 12-10-88 1954 4495 Shoreline Blvd fire 21. 400 12-15-88 1303 11100 998 Wildhurst Road fire 9 I I I I I I I A - MARKET VALUE 1989 1989 1938 1988 VALUE PERCENTAGE VALUE PERCENTAGE MINNETONKA BEACH 62361800 8.87% 55605800 8.46% MINNETRISTA 73084500 10.401 64340600 9.79% ORONO 166899200 23.75% 154829000 23.55% SHOREWOOD 12704500 1.81% 11912000 1.81% SPRING PARK 65925800 9.38% 6406330'0 9.75% MOUND 321904400 45.80% 306632000 46.64% 702880200 100.00% 657382700 10C.00% B - FIRE & RESCUE CALL HOURS 1988 1987 1986 MINNETONKA BEACH 435 * 5.14% 541 5.75% 428 5.584; MINNETRISTA 982 * 11.60% 878 9.34% 735 9.58% .ORONO 908 * 10.72% 1285 13.67% 710 9.25% SHOREWOOD 96 * 1.13% 242 2.571 141 1.84% SPRING PARK 1202 * 14.19% 1344 14.29% 1070 13.94% MOUND 4845 * 57.22% 5113 54.38% 4591 59.82% 8468 * 100.00% 9403 100.00% 7675 100.00% * The total Mutual Aid hours in 1988 was 295 (up 117 f rom 1987). Each city was allocated 49 hours for Mutual Aid cal-ls. C - COMBINATION OF MARKET VALUE AND FIRE C.;LL HOURS 14INNFTONKA BEACH MINNETRISTA ORONO SHOREW00D SPRING PARK MOUND MARKET VALUE PERCENTAGE 8.87% 10.40% 23.74% 1.81% 9.38% 45.80% 100.00% 3 YEAR AVERAGE FIRE CALLS 5.49% 10.17% 11.21% 1.85% 14.14% 57.14% INE1614981, FINAL PERCENTAGE 7.1S% 10.29% 17.48% 1.83% 11.76% 51.47% 100.00% 1 9 9 0 F I R E C O N T R A C T M A T E-R I A L 1990 BUDGET RECAP OPERATING COSTS 214290 CAPITAL OUTLAY (EQUIPMENT RESERVE) 20000 FIREMAN'S RELIEF PENSION 64308 TOTAL 1990 FIRE COSTS 298598 1990 COST BREAKDOWN FOR EACH CONTRACTING CITY MINNETONKA BEACH 298598 X 7.18% 21438 MINNETRISTA 298598 X 10.29% 30711 ORONO 298598 X 17.48% 52185 SHOREWOOD 298598 X 1.83% 5462 SPRING PARK 298598 X 11./,% 35120 MOUND 298598 X 51.47% 153683 TOTAL 100.00-b 298598 1989 CAPITAL OUTLAY FIRE EQUIPMENT RESERVE 20000 * This is the third year of the equipment reserve fund. We are setting aside this money for the purchase of a heavy rescue vehicle (scheduled for purchase in 1991). This reserve will allow us to issue either no debt or less debt to acquire the fire vehicle in the future. 1990 BUDGET BREAKDOWN ---------------- RELIEF FIRE DEPT ASSN TRUCK 1990 1989 BUDGET* CONT ------ PAYMENTS -------- COST ------ COST ------ MINNETONKA BEACH ------ 16821 4617 0 21438 20642 MINNETRI�TA 24097 6614 0 30711 31089 ORONO 40946 12.239 0 52185 53425 SHOREWOOD 4285 1176 0 5462 '5509 SPRING PAPr 27556 7564 0 35120 39552 MOUND 120585 33098 ------ ------ 153683 ------ 160209 ------ ------ 234290 64308 0 298598 31C425 * INCLUDES EQUIPMENT RESERVE AREA FIRE SERVICE FUND BALANCE BALANCE JANUARY 1, 1989 1989 REVENUES ESTIMATED 1989 EXPENDITURES ESTIMATED 1989 FUND BALANCE ADD 1990 REVENUE LESS 1990 EXPENDITURES PROJECTED BALANCE DECEMBER 31, 19�,0 126566 229230 -209230 146566 234290 -214290 166566 AREA FIRE SERVICE FUND RECAP OF COSTS BY CITY 1990 1989 1988 MINNETONKA BEACH 21438 20642 22036 MINNETRISTA 30711 31089 30063 ORONO 52185 53425 49647 SHOREWOOD 5462 5509 4051 SPRING PARR 35120 39552 35684 MOUND 153683 160209 157508 298599 310426 298989 AREA FIRE SERVICE 1990 COSTS 1987 20087 29123 53415 3653 35685 156508 298471 WrYA. BELCH M7Rl9sA omt40 SHOFEMOOD SPRltr5 PARK MAOUJO FIRE DEPARTMENT 4170 --------------- 1987 1988 1989 1990 CODE ACTUAL ------ ACTUAL -------- APPROVED -------- PROPOSED -------- ---- 1370 CHIEF'S SALARY & OFFICER'S PAY 12450 12225 14900 26250 1380 DRILL PAY 7486 7327 8000 8000 1390 MONTHLY SALARIES 57723 51683 60000 50000 2100 OFFICE SUPPLIES 0 0 100 200 2140 COPY MACHINE & FEES 110 154 300 350 2200 OPERATING SUPPLIES 9224 11322 9500 12000 2210 MOTOR FUELS 1655 1622 1700 2200 2230 CLEANING SUPPLIES 4 345 200 350 2270 SAFETY SUPPLIES 1496 2395 1500 1500 2280 FIRE PREVENTION (FIRE INSPECTOR) 1046 413 1100 1100 3140- MEDICAL SERVICES 530 129 500 500 3190 GENERAL MAINTENANCE 12000 11599" 12000 14000 3200 PAGERS - FIRE DEPT. 1854 620 6000 6000 3210 POSTAGE 73 73 100 150 3220 TELEPHONE 770 1357 1000 2000 3500 PRINTING 219 212 250 250 3600 WORKER'S COMP. INS. 6772 14361 12300 12000 3610 GEN. LIABILITY INS. 11014 11124 13500 14000 3710 ELECTRICITY 1996 2606 2300 3000 3720 GAS SERVICE 2936 3981 5500 5500 3750 GARBAGE 426 390 380 540 3820 OTHER EQUIP. REPAIR 16557 6828 20000 3.5000 3830 V,,�LDING REPAIR 3352 342 3000 3000 3900 iJ1'►i0 RENTALS 3276 3270 3500 3500 3950 CENTRAL EQUIP. REPAIR 70 171 200 400 FIRE DEPARTMENT --------------- CODE 4100 MISCELLANEOUS 4110 CONFERENCES & SCF S 4130 DUES & SUBSCRIPTIONS 5000 CAPITAL OUTTAY 5150 EQUIPMENT RESERVE TOTAL 4170 1987 1988 1989 1990 ACTUAL ACTUAL APPROVED PROPOSED 174 297 500 500 9846 10798 10000 12000 2006 1877 2000 2000 39915 18701 18900 18000 0 0 20000 20000 2G4980 176222 229230 234290 CONTRACT WITH REVISIONS AND CORRECTIONS JOINT COOPERATIVE AGREEMENT AND CONTRACT FOR FIRE SERVICE 1 THIS AGREEMENT, made and entered into this day of 2 19 , by and between the City of Mound, a 3 municipal corporation of the Cr,unty of Hennepin and State of 4 Minnesota, party of the first part, and the City of 5 , a munici~A1 corporation of the County of 6 Hennepin and State of Mini. :a, party of the second part, 7 WITNESSETH: 8 That, WHEREAS, the City of is 9 des*r%�us of having fire protection service, including but 10 not limited to fire rescue, emergency, and mutual aid 11 service, furnished by the City of Mound Fire Department, and 12 UHEREAS, the City of Mound has the facilities and 13 equipment and is willing and able to provide fire pro-:ection 14 service including nut not limited to fire, rescue, 15 emergency, and mutual aid service, to the City of 16 , and 17 WHEREAS, the City cf Mound has prepared for the City 18 of an annual finan,-Aal budget 19 covering truck bonded indebtedness, Fire equipment capital 20 outlays, annual operating costs and Fireman's Relief 21 Association. 22 NOW, THEREFORE, in coi,sideratior of the premises and 23 the mutual covenants of the parties hereto, it is agreed as 24 follows: 25 1) Definition of terms. For the purpose of 26 this Agreement, the terms in this section shall have the 27 following meanings given to them. 28 A. "Contract year" means - - month period during 29 which fire protection services a,. be rendered or were 30 rendered to the City of by the City of 01 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Mound. The contract year shall commence on January 1 and terminate on the next December 31. B. "Contracting Cities" means any city which is a party to this contract or a similar contract which by its terms is interrelated with this contract for the purposes of determining total cost for the contracting cities are of Minnetonka Beach, Minnetrista, Orono, Shor.wood, Spring Park and Mound. C. "City of Mound Fire Budget" shall include all preliminary estimated and actual costs of operating the Fire Department of the City of Mound for a given contract year, including but not limited to: Chief's Salary & Officer's Pay Fire Drill Pay Salaries Office Supplies Copy :'achine Operating Supplies, General Motor Fuels Cleaning Supplies Safety Supplies Fire Prevention Service Professional Services Audit and Financial Services General Maintenance Communications (Radio Replacement) Postage Telephone Printing Insurance Electricity Gas Service Other Equipment Repair Building Repair 2 65 66 67 68 69 68 70 71 72 73 74 75 76 77 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 99 99 Rental of Equipment Miscellaneous Conferences & Schools Dues & Subscriptions Other Contractual Obligations Capital Outlays Shop & Store Transfer Fireman's Relief Association Payments D. "Fire Service Area" of each contracting city shall be that area within the City shown on Exhibit A attached hereto. 2) Area Protected. In accordance with the other terms and provisions hereof, the City of Mound shall provide fire protection service including but not limited to fire, rescue, emergency and mutual aid service for the City of in the area legally described on Exhibit A (attached), or as shown on the Fire Service Area Map Exhibit B. 3) Level of Service. The City of Mound, through its Fire Department, shall endeavor to protect and save life and property from destruction by fire, including but not limited to fire rescue, emergency and mutual aid service in said area to the same extent as it does within the City of Mound. 4) Administrative Responsibility. The fire protection services rendered to the contracting cities shall be under the sole direction of the City of Mound. The degree of services rendered, the standards of performance, the firing and discipline of the personnel assigned, a.id other matters relating to regulation and policies, shall remain in the control of the City of Mound. Any disputes between the parties to this agreement as to the extent of functions and duties to be rendered hereunder, or the level or manner of performance of stick service, shall be resolved 3 100 by the City Manager of the City of Mound. If the 101 contracting city disagrees with the resolution, it may 102 appeal, within ten twenty --one days, in writing, 103 to the City of Mound asking for arbitration, as provided in 104 paragraph 5 7B. The City Manager of the City of Mound shall 105 submit to the contracting cities a monthly report of 106 services rendered to the contracting city as well as 107 suggestions regarding any changes that may be helpful. 108 5) volunteer Firemen of the City of Mound. 109 Personnel assigned to provide fire protection services in 110 the contracting city shall be volunteer firemen of the City 111 of Mound which City shall assume all obligations with regard 112 to worker's compensation, Fireman's Relief Association, 113 withholding tax, insurance, etc. for such volunteer firemen, 114 if any. The contracting city shall not be required to 115 furnish any of the foregoing fringe benefits or assume any 116 other liability of employment to any employee or other 117 person assigned to duty within the contra--ting city unless 118 the contracting city employs such employee or person 119 directly, independent of this agreement, to provide fire 120 protection services in the contracting city. In such event, 121 all obligations and liabi with respect to employment 122 of such employee or per;. be the complete 123 responsibility of the _:_ng city. No such direct 124 employment shall be ntu:-eel into by the contracting city 125 without first obtaining the wri*:ten approval of the City 126 Manager of the City of Mound. 127 6) Termination. :his agreement shall remain in 128 full force and effect from "anuary 1, 1988 1989, and be 129 renewed annually au+:omati.:ally hereafter for a successive 130 contract year unless cancelled by either party by serving 131 written notice upon the City Clerk of all contracting cities 132 by January first of the current contract year. 133 7) Cost to the City of 4 134 A. Base Cost for and in consideration of rendition of 135 Fire Protection Services under this agreement, the City of 136 shall pay base costs determined by the 137 formula, as illustrated below, for each contract year. 138 1) Assessed-yaiaatien Market Value of the Fire 139 Service Area of Bach Contracting City: The assessed 140 vainatien market value of the Fire Service Area of each 141 contracting city is based on taxes due and payable for the 142 year immediately preceding the budget year. The Source of 143 the assessed-valuatien market value data shall be the 144 official figures of the Hennepin County Assessor's Office. 145 2) Level of Service for Prior Calendar Year. 146 The level of service shall be determined by the number of 147 fire calls, rescue calls and mutual aid calls based on man 148 hours. The formula of market value and 149 levels of service used by the contracting city will 150 incorporate the market value of the year 151 preceding the budget year and the three previous years 152 average of the man hours provided to the contracting city. 153 These will then be balanced equally giving each 154 participating city its percentage share of the budget 155 for the upcoming year. 156 3) By Septeiiber 1 of each year during which this 157 contract remains in effect, the City of Mound shall notify 158 each contracting city of the cost preiiminary estimates for 159 the next contract year. By-Aeteber-i-ef-each-Year,--the-city 160 ef-Heetnd-shall-notify-each-eentraeting-city-of-tl�e-estimated 161 Beets-far-+.he-next-eentraet-year- The final estimated cost 162 shall be paid in equal quarterly installments on January 1, 163 April 1, July 1 and October 1 of the next contract year by 164 the contracting city to the City of Mound. 165 The contracting city understands and agrees 166 that it is impossible to project with complete accuracy the 167 actual costs for labor and equipment as well as the service 5 168 to be required by each city for the forthcoming contract 169 year, and therefore hereby agrees to a yearly audit. to }�A ad�net-the-prier-yeerle-eetimQted-ee't-ef-aerviee-ea-'et }�} forth-abeve-te-the-eetna}-ee�te-incurred-br-the-Eitr-ef }�� Hound---6n-er-before-Apri}-'c-ef-eQeh-7eQr;-the-eitY-ef-Hound }�3 wi}}-tebn}Qte-the-eetne}-east-ef-the-Fire-Bepertment-$ndget }�4 fer-the-prier-centeet-year-end-wi}}-�nbmit-te-cook }�5 ear.treating-city•-Q-enau�er7-ef-ectnQ}-eeeta---the-eetne} 146 eeete-'et-forth-fer-the-prier-eentrQet-rear-meY-Teen}t-in }�� either-Q-ered}t-er-e-debit-te-ouch-eentreeting-city---}f-e }fie 'nrp}ne-ie-Berried-ever-from-the-prier-Yeer--paid-meniee }�9 eha}}-be-p}coed-in-e-reeerve-fend---Seid-reeerve-fend-eke}} }6A be-eeerned-nnti}-e-fend-be}once-egne}-te-ten-percent-f=9$} }8} ef-the-prier-yeer�e-epereting-budget-te-arrived-at---6nee }8� the-re'erroe-fend-}eve}-ie-e9tnb}iehed--the-eentreeting leg eittee-Wi}}-decide-whether-te-reduce-their-annne}-epereting }A4 contribution-te-effect-the-epereting-fund-be}ante-er }95 eantribnte-te-keep-it-et-the-ten-percent-f}A�}-reserve-fend }A6 }eve}---the-fend-may-be-nti}iced-to-pnY-ear-inerenee-fer }g� 'erviee-if-e-mc3eritY-of-Q}}-contracting-eitie'-eppreve---}f lee Q-�e�orit7-doe'-net-eppreve--the-ennne}-ee't-pc�+r+ente-'he}} leg be-paid-in-an-emeant-moo-}ewer-the-}AAA-ef-that-pears-fine} 190 e'timeted-coots---the-a}}eentien-ef-the-credit-er-debit }9} 'hn}}-be-mode-pnr9�ent-te-the-beeie-east-fermn}n-eat-forth 192 abeve- Any surplus carried over from a prior Year is 193 placed in an Equipment Reserve for use in purchasing capital 194 outlay items for the Fire Department. 195 4) In order to facilitate the accounting and 196 reporting of all fire funds, a special Fund called "Area 197 Fire Service Fund" is hereby created. All operating 198 expenses shall come from this fund. Other separate Funds 199 already in existence include, Fire Department Capital 200 Outlay Fund (Equipment Reserve); Firemen's Relief 201 Association Fund; and Fire Truck Bonded Indebtedness Fund. 21 202 Reports on each of these Funds will also be provided to each 203 contracting city by the City of Mound, annually following 204 the contract year. 205 5) If any of the above mentioned Funds, for 206 whatever reason, shall become delinquent and require 207 additional funds prior to the next contract year, each 208 contracting city shall be notified of such shortage in 209 estimated revenue and the contracting parties, by majority 210 of all of the contracting cities shall vote to transfer from 211 the reserve fund or to pay as a part of the current year's 212 quarterly costs set forth in paragraph 3 above. 213 B. Arbitration. If the contrasting city is aggrieved 214 by the determination of the City of Mound as to the alloca- 215 tion of the actual costs of the prior year's service, the 216 contracting city may appeal said determination within 30 217 days after receipt of the City of Mound's audit. Said 218 appeal shall be made in writing and shall be addressed to 219 the City of Mound asking for arbitration by a Board of 220 Arbitration. The Board of Arbitration shall consist o 221 three persons: one to be appointed by the City of Mou.«. 222 to be appointed by the appealing contracting city; and the 223 third to be appointed by the two so selected. The name of 224 each arbitrator selected shall be submitted, in writing, to 225 the other party. In the event that the two arbitrators so 226 selected do not appoint the third arbitrator witnin 15 days 227 after their appointment, the Chief Judge of the District 228 Court of Hennepin County shall have jurisdiction to appoint, 229 upon application of either the City of Mound of the 230 appealing contracting city, the third arbitrator to the 231 Board. The thii3 ;Arbitrator selected shall not be a 232 resident of either contracting city, and shall be a city 233 manager or city administrato-. The arbitrator's expenses 234 and fees, together with other expenses, not including 235 counsel fees, incurred in the conduct of the arbitration, `1 236 shall be divided equally between the parties to the 237 arbitration. Arbitration shall be conducted in accordance 238 with the Uniform Arbitration Act, Chapter 572 of the 239 Minnesota Statutes. Said arbitration shall be binding on 240 both parties. 241 C. Capital Expenditures and/or Interim Increases in 242 the Funds. Not withstanding any of the above, the 243 contracting cities shall have the right to be heard 244 regarding any proposed capital expenditures which are not in 245 the annual estimated cost budget and which exceed $5,000.00 246 and/or interim increases in the Funds not otherwise included 247 in the annual budget. Notice of such proposed and non- 248 budgeted capital expenditures and/or interim increases in 249 Funds shall be in writing to the contracting cities prior to 250 actual expenditures for such items and the contracting 251 cities shall thereafter have ten twenty-one days in which to 252 approve or disapprove the same in writing and if there is no 253 response which disapproves the expenditure, it is agreed 254 that such proposed expenditures may be made and the cost 255 thereof shall be included in that year's budget. 256 D) Fire Department Relief Association. The 257 contracting cities agree that it is important that the 258 volunteer firemen of the City of Mound have a relief 259 association that will provide retirement benefits after 260 retirement to compensate the firemen for all the volunteer 261 hours they contribu':ed. The contracting cities also realize 262 the wisdom of contributing to this fund on a pay as you go 263 basis, The contracting cities also recognize that as 264 retirement levels increase that additional contributions 265 will be required beyond the present 1989 contribution level. 266 The retirement costs paid to the Relief Association shall be 267 considered as a part of the prior years operating costs. 268 The contracting cities amount being paid for relief benefits 269 will be paid until and unless a majority of the contracting 8 270 cities approve increased benefits and increased contribu- 271 tions to the fund. 272 E. Prior Contract. If Mound cancels this contract 273 under the provisions of section jL-6 or if a contracting city 274 cancels the contract for the exr -iss purpose of establishing 275 its own fire department, then th capital expenditure to 276 purchase any capital equipment as provided for in the 277 amendment to the previous contract dated December 2, 1971, 278 and amended December 5, 1978, shall govern the contributing 279 city's capital investment and/or any refunds provided for in 280 the prior contract. 281 Netwithstanding-any-4an"age-herein-te-the P92 eentrary--er-in-prier-eentraets-between-the-parties;-any B63 credit-or-debit-dote-to-e-eentreeting-eity-or-to-the-eity-ef �64 Hettnd-en-aeeettnt-ef-prier-agreements-and-eerttraets-for-fire �65 preteetien-between-the-parties-shah-be-peyebie-in-the-year 296 feilerring-pctrsttant-contract-ettrreHtty-in-feree- CITY OF CITY OF MOUND By: Its Mayor and By: By: Its Mayor and BY: 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 JOINT COOPERATIVE AGREEMENT AND CONTRACT FOR FIRE SERVICE THIS AGREEMENT, made and entered into this day of 19 , by and between the C_ty'of Mound, a municipal corporation of the County ::anneLin and State of Minnescta, party of the first PEL'r, and the City of . a municipa" .orporation of the County of Hennepin and State of Minne:.. a, party of the second part, WITNESSETH: That, WHEREAS, the City of is desirous of having fire protection service, including but not limited to fire, rescue, emergency, and mutual aid sex --ice, furnished by the City of Mound Fire Department, and WHEREAS, the City of Mound has the facilities and equipment and is willing and able to provide fire protection service including but not limited to fire, rescue, emergency, and mutual aid service, to the City of , and WHEREAS, the City of Mound has prepared for the City of an annual financial budget covering truck nonded indebtedness, fire -quipment ca;iital outlays, annual operating costs and Fireman's Relief Association. NOW, THEREFORE, in consideration of the premises and the mutual covenants of the parties hereto, it is agreed as follows: 1) Definition of terms. For the purpose of this Agreement, the terms in this section shall have the following meanings given to them. A. "Contract year" means a 12 month period during which fire protection services are to be rendered or were rendered to the City of _ by the City of 1 31 Mound. The contract year shall commence on January 1 and 32 terminate on the next December 31. 33 B. "Contracting Cities" means any city which is a 34 party to this contract or a similar contract which by its 35 terms is interrelated with this contract for the purposes of 36 determining total cost for the contracting cities of 37 Minnetonka Beach, Minnetrista, Orono, Shorewood, Spring Park 38 and Mound. 39 C. "City of Mound Fire Budget" shall include all 40 preliminary estimated and actual costs of operating the Fire 41 Department of the City of Mound for a given contract year, 42 including but not limited to: 43 Chief's Salary & Offic.er's Pay 44 Fire Drill Pay 45 Salaries 46 Office Supplies 47 Copy Machine 48 Operating Supplies, General 49 Motor Fuels 50 Cleaning Supplies 51 Safety Supplies 52 Fire Prevention Service 53 Professional Services 54 Audit and Financial Services 55 General Maintenance 56 Communications (Radio Replacement) 57 Postage 58 Telephone 59 Printing 60 Insurance of Electricity 62 Gas Service 63 Other Equipment Repair 64 Building Repair 65 66 67 68 69 68 70 71 72 73 74 75 76 77 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 yc Rental of Equipment Miscellaneous Conferences & Schools Dues & Subscriptions Other Contractual Obligations Capital Outlays Shop & Store Transfer Fireman's Relief Association Payments D. "Fire Service Area" of each contracting city shall be that area within the City shown on Exhibit A attached hereto. 2) Area rotected. In accordance with the other terms and provisions hereof, the City of Mound shall provide fire protection service ncluding but not limited to fire, rescue, emergency and mutual aid service for the City of in the area legally described on Exhibit A (attached), or as shown on the Fire Service Area Map Exhibit B. 3) Level of Service. The City of Mound, through its Fire Department, shall endeavor to protect and save life and property from destruction by fire, including but not limited to fire, rescue, emerge -y and mutual aid service in said area to the same e: s it does within the City of Mound. 4) Administrrt, -)onsibility. The fire protection services rende-�Pc. contracting cities shall be under the sole direction o& a City of Mound. The degree of services rendered, the standards of performance, the firing and discipline of the personnel assigned, and other matters relating to regulation and policies, shall remain in the control of the City of Mound. Any disputes between the parties to this agreement as to the extent of functions and duties to be rendered hereunder, or the level or manner of performance of such service, -`i11 be resolved 3 100 by the City Manager of the City of Mound. If the 101 contracting city disagrees wi-ch the resolution, it may 102 appeal, within twenty-one days, in writing, to the City of 103 Mound asking for arbitration, as provided in paragraph 7B. 104 The City Manager of the City of Mound shall submit to the 105 contracting cities a monthly report of services rendered to 106 the contracting city as well as suggestions regarding any 107 changes that may be helpful. 108 5) Volunteer Firemen of the City of Mound. 109 Personnel assigned to provide fire protection services in 110 the contracting city shall be volunteer firemen of the City ill of Mound which City shall assume all obligations with regard 112 to worker's compensation, Fireman's Relief Association, 113 withholding tax, insurance, etc. for such volunteer firemen, 114 if any. The contracting city shall not be required to 115 furnish any of :he foregoing fringe benefits or assume any 116 other liabili of employment to any employee or other 117 person assign to duty within the contracting city unless 118 the contracting city employs such employee or person 119 directly, independent of this agreement, to provide fire 120 protection services in the contracting city. In such event, 121 all obligations and liabilities with respect to employment 122 of such employee or person shall be :.tie complete 123 responsibility of the contracting city. No such direct 124 employment shall be Entered into by the contracting city 125 .without first obtaining the written approval of the City 126 -Manager of the City of Mound. 127 6) Termination. This agreement shall remain in 128 full force and effect from January 1, 1989, and be renewed 129 annually automatically hereafter for a successive contract 130 year unless cancelled by either party by serving written 131 notice upon the City Ctprk of all contracting cities by 132 January first of the current contract year. 133 !) Cost to the City of 4 e 134 A. Base Cost for and in consideration of rendition of 135 Fire Protection. Services under this agreement, the City of 136 shall pay base costs determined by the 137 formula, as illustrated below, for each contract year. 138 1) Market Value of the Fire Service Area of Each 139 Coptractinc City: The market value of the Fire .,ervice Area 140 of each contracting city is based on taxes due and payable 141 for the year immediately preceding the budget year. The 142 Source of the market value date. shall be the official 143 figures of the Hennepin County Assessor's Office. 144 2) Le�,el of Service for Prior Calendar Year. 145 The level of service shall be determined by the number of 146 fire calls, rescue calls and mutual aid calls based on man _4" -s. The formula of market value and levels of service i by the contracting city will incorporate the market 14� iue of the year preceding the budget year and the Lhree 150 previous ;ears average of the man hours provided to the 151 contracting city. These will then be balanced equw,..Ly 152 giving each participating city its percentage share of the 153 budget for t'.%e upcomIag year. 7,5" 3) By September 1 of each year during which this 1 contract remains in effect, the City of Mound shall. notify 156 each contracting city of the cost estimates for t1te next 157 contract year. The final estimated cost shall be paia in 158 equal quarterly installments on January 1, April 1, July 1 159 and October 1 of the n"xt contract year by the contracting 160 -city to the City of Mound. 161 The contracting city under Lands and 162 that it is Lmpossible to project with co_;:iete accurat-y the 163 actual costs for labor and equipment as well as the service 164 to be required by each city fcr the forthcoming contract 165 year, and therefore hereby agues to a yearly audit. Any 166 surplus carried over f om a prior year is placed in an 167 Equipm(-nt Reserve for use in purchasing capital outlay items 5 168 for the Fire Department. 169 4) In crder to facilita,ce the accounting and 170 reporting of all fire funds, a special Fund called "Area 171 Fire Service Fund" is hereby created. All operating 172 expenses shall come from this fund. Other separate Funds 17? already in existence include, Fire Department Capital 174 Outlay Fund (Equipment Reserve); Firemen's Relief 175 Association Fund; and Fire Truck Bonded Indebtedness Fund. 176 Reports on each of these Funds will also be provided to each 177 contracting city by the City of Mound, annually following 178 the contract year. 179 5) If any of the above mentioned Funds, for 180 whatever reason, shall become delinquent and require 181 additional funds prior to the next contract year, each 182 contracting ci' -ball be notified of such shortage in 183 es7timated reve: ;;nd the contracting parties, by majority 184 of all of the contracting cities shall vote to transfer from 185 the reserve fund or to pay as a part of the current year's 186 quarterly costs set forth in paragraph 3 above. 187 B. Arbitration. If the contracting city is aggrieved 188 by the determination of the City of Mound as to the alloca- 189 tion of the actual costs of the prior year's service, the 190 contracting city may appeal said determination within 30 191 days after receipt of the City of Mound's audit. Said 192 appeal shall be made in writing and shall be addressed to 193 the City of Mound asking :or arbitration by a Board of 194 Arbitration. The "hard of Arbitration shall cons-st of 195 three persons: one to be appointed by the City of Mound; one 196 to be appointed by the appealing contracting city; and the 197 third to be appointed by the two so selected The name of 198 each arbitrator se.l��ctsd shall be submitted, Ln writing, to 199 the other parr the event that the two arbitrators sc 200 selected do nc point the third arbitrator within 15 days 201 after their appointment, the Chief Judge -f the Di_;trict 6 202 Court of Hennepin County shall have jurisdiction to appoint, 203 upoi, application of either the City of Mound of the 204 appealing contracting city, the third arbitrator to the 205 Board. The third arbitrator selected shall not be a 206 resident of either contracting city, and shall be a city 207 manager or city administrator. The arbitrator's expenses 208 and fees, together with other expenses, not including 209 counsel fees, incurred in the conduct of the arbitration, 210 shall be divided equally between the parties to the 211 arbitration. Arbitration shall be conducted in accordance 212 with the Uniform Arbitration Act, Chapter 572 of the 213 Minnesata Statutes. Said arbitration shall be binding on 21.4 both parties. 215 C. Capital Expenditures and/or Interim Increases in 216 the Funds. Not withstanding any of above, the 217 contracting cities shall have the right to be heard 218 regarding any proposed capital expenditures which are not in 219 the annual estimated cost budget and which exceed $5,^nG.00 220 and/or interim increases in the Funds not otherwise included 221 in the annual budget. Notice of such proposed and non- 222 budgeted capital expenditures and/or interim increases in 223 Funds shall be in writing to the contracting cities prior to 224 actual expenditures for such items and the contracting 225 cities shall thereafter have twenty-one days in which to 226 approve or disapprove the same in writing and if there is no 227 response which disapproves the expenditure, it is agreed 228 ghat such proposed expenditures may be made and the cost 229 thereof shall be included in that year's budget. 230 D) Fire Department Relief Association. The 231 contracting cities agree that it is important that the 232 volunteer firemen of the City of Mound have a relief 233 associat =)n thy` ill provide retirement benefits after 234 1 ment '-o'compensate the firemen for all the volunteer 235 Y. they contributed. The contracting cities also realize 7 236 the wisdom of contributing to this fund or a pay as you go 237 basis. The contracting cities also recognize that as 238 retirement levels increase that additional contributions 239 will be required beyond the present contribution level. 240 The retirement costs paid to the Relief Association shall be 241 considered as a part of the prior years operating costs. 242 The contracting cities amount being paid for relief benefits 243 will be paid until and unless a majority of the contracting 244 cities approve increased benefits and increased contribu- 245 tions to the fund. 246 E. Prior contract. If Mound cancels this contract 247 under the provisions of section D-6 or if a contracting city 248 cancels the contract for the express purpose of establishing 249 its own fire department, then the capital expenditure to 2:.-0 purchase any capital equipment as provided for in the 251 amendment to the previous contract dated -December 2, 1971, 252 and amended December 5, 1978, shall govern the contributing 253 city's capital investment and/or any refunds provided for in 254 the prior contract. CITY OF By: Its Mayor CITY OF MOUND By: Its Mayor 8 1 and By: and By: PM- Cly of Orono, Minnesota �..a.. ��• � =- l 9 g 9 - / q 90 F11247- 5,E&VICC P1572Pzic TS I � - TO: Mayor Grabek Orono City Councilmembers FROM: Mark E. Bernhardson, City Administrate DATE: September 14, 1989 SUBJ: Stubbs Bay Sewer Attachment: Stubbs Bay Sewer Memo-8/17/89 COUNCIL ME "� Ehi SkF 2 51989 CITY OF ff" ISSUE - 1. Presentation of information to Council related to primary issues raised at the Stubbs Bay Meeting held July 27, 1.989. 2. Establish a date fc,r the next Stubbs Bays meeting which would be with interested residents of the area and the Council. INTRODUCTION - At the Council's August 28, 1989 Council Meeting, Attachment A was presentee' outlining significant issues related to the Stubbs Bay sewer. that had been raised at the July Meeting. DISCUSSION - Issue 1. - Outline of Major Issues A. Inclusion of other areas - 1. Oxford Road - This area was developed at the 2-acLe lakeshore standard in 1978. While sewer could be extended to this area an estimate for this extension has not been made. There are 11 properties in this subdivision and presently there is only one septic system that has had intermittent lems. The Oxford Road area is in part lakeshore property and may have special consideration as to whether or not 4t is incl.. d in the sewer project. 2. Sussex Deveiopment - This is presently being proposed for development. It is at a 2-acre density for a total of 17 residential lots. The topography of this area ray make it expensive to sewer this P as it would need either a deep gravity line or a lift stat. line into the Stubbs Bay sewer to feed into the proposed Stubbo Bay system. 3. Cygnet Place - This area contains 19 developed lots which are predominately 2/3 - 1 acre. It is an area the City may look at for an alternative waste management study in the next 5 years. Topography may make sewering this area expensive. Also there are another 6 lots in between the Stubbs Bay area and Cygnet that could also be looked at. In order to include any of these in the development, the City would need to make a request for MUSA line extension. (Althcugh the Stubbs Bay area is currently not within the MUSA 1 line, it was identified as an area that could be expanded in the Citx�ptCpmprehensive Management Plan.) The impact of adding these units would be an effort to reduce the cost to the existing 82 residential developed lots and the approximate 10 additional potentially build ale vacant lots. The inclusion of Sussex would reduce the cost approximately 15% of the trunk costs or about 7-10% of the overall. Oxford would reduce the per unit trunk cost about 12% and about 6-8% of the total per unit cost. Cygnet Place would reduce the per unit trunk cost by 21% and the total by 10-12%. If these were not included at this time, there is enough capacity in the line to allow for their connection in the future. This would probably be done as a combination of an assessment together with a connection charge into the main. B. City Funding of Any Reserve Charge - As noted in the first item, there will be additional capacity of approximately 250+ units in this line which will be constructed at the minimum size. These together could reduce the total cost by about 25%. As an alternative for each $100,000.00 in reserve capacity the City would take would result in about $1,000.00 per property reduction of those currently in the Stubbs Bay area. (About an 8% reduction in the total cost which ranges from $11,-15,000). If the City chooses nut to fund any portion of the sewer the City may face a forced reduction of special assessments resulting from the appeals process. obviously this could be limited by requiring a certain percentage of appeal waivers to be signed prior to the project being undertaken. C. Potential Rezoning - This area was originally zoned 1 acre and prior to 1975 and when the new standards came in was placed at a 2-acre zoning. The issue is whether the City would consider rezoning the properties in the area to 1 acre (or less) if sewer did come in. The advantage to the property owner is in part to reduce the number of variances that they would need to obtain permits to improve their property, together with allowing some property owners the ability to subdivide their property and to help finance the sewer project. It should be remembered, however, that additional units would have to pay an amount substantially similar in the currently projected figures so there may not be that much gained in subdivision. The related issue is the fact that the City has not done any rezoning in the Crystal Bay area or any other 2 acre zone areas sewered since the 1975 rezoning. In the Crystal Bay area those served by sewers would remain substandard lots even under the 1-acre zoning and therefore there would be few if any lots that would be able to be subdivided. In the Stubbs Bay area there are appro-tmately 9 2-plus acre properties that could subdivide into a:_ 3ditional 9 lots. This would reduce the overall cost by 10%. D. Level of Support - The assumption on the Stubbs Bay project has been that the Council would require a certain level of support as expressed in waiver of assessment prior to undertaking the project. These waivers of assessment initially would express the "top end" over which any amount over that (apart from capitalized interest) would require that new waivers be signed. Due to the nature of the area, it is recommended that a certain percentage of the property owners in the current area sign waivers prior to taking further steps in the process. Not having a certain level of assessment waiver, prior to the date that the project is ordered, would place the City at risk for the special assessment portion being appealed. (The staff is recommending a special assessment level that would not be that much greater than the Crystal Bay area finally was assessed), but this does not insure that this would not be appealed or reduced.) Issue 2 - Next Stubbs Bay Meeting It would be appropriate that the meeting be held in November/December in order for construction to be done next year. In advance of that however, the City could communicate to the residents that they would have to circulate among them elves a petition and get a minimum percentage of persons interested in undertaking the project. The City could request that the assessment waives be signed prior to the ordering of the project. Once the petition is submitted, the Council could have a special meeting to address the questions raised and take any additional questions from the neighbors. ALTERNATIVES issue 1 - 1. Take a position of the Council on each of the items. 2. Table for further discussion. 3. Take no action at this time. Issue 2 - 1. Establish a meeting date. 2. Await establishing a date until after a petition is received. 3. D rect staff to send a letter regarding the level of support needed. 3 RECOMMENDATION - It is recommended that staff send a letter to the affected property owners indicating the tentative meeting date in December, but that a petition signing an assessment waiver at the 60% level of property owners interested in the project must be received prior to a meeting being held. PROPOSED MOTION - Moved by , seconded by , that Council direct staff to send a letter to the abutting property owners outlining the level of support needed in order for the Council and City to further consider this as a project. Ayes , Nays cc: Jeanne A. Mabusth, Building & Zoning Administratoc Michael Gaff.ron, Planning & Zonining Administrator John R. Gerhardson, Public Works Director Glenn Cook, City Engineer 4 81789.11 TO: Mayor and City Council i FROM: Mark E. Bernhardson, City Adr,'.nistrato o� DATE: August 17, 1989 SUBJECT: Stubb's Bay Sewer Meeting Attachment! A. Stubb's Bay Sewer Meeting Questions and Answers ISSUE 1. Presentation of information regarding the Stubb's Bay meeting held July 27, 1989. 2. Establishment of a date for the next Stubb's Bay meeting. INTRODUCTION - At the informational meeting held Jiily 27, 1989, a number of questions were raised. Attachment A was prepared to summarize the questions and answers given at that meeting. In addition, a number of residents of the area who were interested in furthering the development of a sewer desire to have a meeting as soon a possible. DISCUSSION - It is hoped that a meeting regarding Stubb's Bay would again be held in November and at that time the City would be able to respond to questions that were not able to be addressed at the Jull 27t:. meeting. Significant questions to be responded to are: 1. Will the City entertain allowing any other ar, is to be in^luded, such as: a. Oxford Road b. "Fox Bend" Development (Leaf/Bayside) 2. Will the City absorb any reserve charge. 3. Will the properties in the designated area be allowed to change the zoning once s� �t• available in order to help them defray the cost. I: -o, would additional buildable lots created through a rezoning be required to pay a full unit charge. (It should be noted that this gas originally zoned R-lC, 1 acre lot size prior to the 1975 rezoning.) 4. What level of support (%) and waivers of assessment does the C,�lincil desire to be signed prior to undertaking this project. 1 ALTERNATIVES - 1. Establish a date. 2. :respond to the questions. 3. Table for further discussion. 4. Take no action. RECOMMENDATION - It is recommended that the Council table further discussion of the item until its September 25, 1989 meeting. PROPOSED MOTION - Moved . / , se•;onded by , that the Council table further discussion of the item until_its September 25, 1989 meeting. Ayes _, 'lays _ cc: Jeanne A. Mabusth, Building & 'Zoning Administrator Michael P. Gaffr,; Asst. Plarning & Zoning Administrator John R. Ger�-.ardson, Public Works Director Glenn Cook, City Engineer 2 INQUIRIES AND RESPO:43ES STUBBS BAY INFORMATIONAL MEETING JULY 27, 1989 ORONO HIGH SCHOOL AUDITORIUM At the i.nfor,natlonal meeting that was held on July 27, approximately 35 property owners were present together Councilmember T. Diann Gr,etten and members from the sty.. including Michael Gaffron, Glenn Cook, John Gerhardson, Jeanne Mabusth and Mark Bernhardson. Following an introduction by the City Administzator, Michael Gaffron gave an overview of the Waste Management 3r.udy, outlining each or the alternatives and the merits and pitfalls of each of those alternatives. This was followed by a presentation of the sewering option as far as layout and expense presented by Glenn Cook. Following this presentation general questions were taken. The following represents the significant questions ,•-t were raised and responses given to those. (As these are paraphra^ed they may encapsulate two or three questions that were asked together with t' ^ir responses and are not necessarily in the order in whit: the que.,tions were asked.) 1. Is there not a law that requires !hat the property owner be required rn pay only the amount of benefit to the property? Minnesota special assessments are limited to the benefit (increase brought about by the impcovemer.t) to that property. The City is cognizant of this law and is structure j the amount of actual special assessment to be equal to or less than the expected benefit to the great rana_e of properties. The balance of the cost will be covZrE,- -y a connection charge. These is a possibility the connection charge can Lc financed by the City over t.,� same term as the assessment which is expected to be 15 or 20 years. 1 2. What are the costs of the project and what are anticipated to be the financing options. The costs are detailed on the sheet that was handed out, split out between about a $6,500 assessment charge and between $4,200 and $9,700 connection charge. It is anticipated that it would be a 15 to 20 year bond issue. If your total assessment plus connection charge was $10,000 over 15 years that would cost about $670 per year in interest together with an initial interest cost of about $800 which would be decrease over the 15 year period to a final year interest cost in the range of $60.nn. Spread over _ years, the annual principal would go down but the amount of interest paid over that timeperiod would be increased. If your rate is $15,000 just multiply those numbers by 1.5 times the $10,000 number. 3. Are the larger lots subsidizing the smaller lots? To the extent that sewer is going to be installed adjacent to a large lot, a lot with a large frontage actually coets more to serve than L lot with a small frontage. To the extent that sewer is needed the greater number of smaller lots actually, defray the cost for the larger lots. (This is balanced out by splitting the areas between the larger and smaller lots and having the lateral cost for the smaller lots, in this case, being less than for the larger lots.) 4. Aren't there other places, such as Cygnet Place, that in the future will need to have sewer? The City staff has looked at Cygnet Place as far as sewering and what impact that has on this project. It is anticipated that that area will be looked at over the next 5 or 10 years. Whether the area needs sewer would be the subject of a Waste Management Study and will be dependent, not only, on lot size but also topography, soil conditions, water table etc. We looked at it as to how a sewer pipe will be run on an approximate basis. 3 5. Will there not be excess capacity in the line that someone else could use? The minimum diameter line that can be put in according to state requirements would be an 8 inch line? This obviously can serve more than the approximately 100 units in this area. other areas could be hooked into this and utilize this capacity. Staff has discussed the possibil..ty of having a portion of the cost of the excess capacity picked up by the City initially as a reserve charge, to eventually be funded by those who may use the pipe. To the extent that this is done, every $100,000 that the City would set aside as reserve charge would reduce the unit charge by approximately $1,000 per unit based on 100 units. It should be remembered however, that this area will be hooking into the line on Tonkawa Road (Co. Rd. 135) which has "reserve capacity" for this area and for future areas. (All the people along Tonkawa paid for their entire system and there is no anticipation that they would be rebated anything as a result of this improvement.) 6. If you are on a large lot can you stay out of the sewer project? It has been the City's policy to include all properties which are abutting a line. This is done because you now have an option for sanitary disc ;al that you pre.-iously did not have even if you choose not to exercise it. City policy has been that all properties abutting a line hook up in the study area and that they must hook up within 16 months and pay for the improvement. 7. will zoning be changed to help us afford the improvement? In 1975 this area was zoned from the previous 1 acre to 2 acre zone because there was not sewer in the area. This was also done in other areas of the City that did not have sewer, including the Crystal Bay area. That sewer was installed in 1985 and there has been no request by the residents nor any initiative by the City to rezone that area. (It should be noted that even if rezoned to 1 acre standards, the bulk of the lots in the Crystal Bay area would remain substandard.) Should a request for rezoning be considered, the City would have to amend its Comprehensive Plan. Also, to the extent 3 that individual properties were looking for additional hookups that would help decrease the overall unit charge but that property would then have to pay for more units. B. Will a new subdivision, suct as the one being proposed east of Leaf Street, be included in the project? It has not been the policy of the City to include any areas that do not absolutely need sewer. This area is developing to a 2 acre standard and preliminary indications are that it will have adequate conditions for on -site septic systems on each building site. Even if the City were to allow sewering of this area, the topogrvphy of the area would require significant design paramesers that would not result in a substantial reduction in urit lateral cost for the Stubbs Bay project. Inclusion of all those units in the project may reduce the trunk cost by about 20%. (100 units in Stubbs Bay 22, units in "Susse-") 9. Why is the property on Oxford Road being left out? Again, this area was developed to the 2 acre standard and although it is lakeshore property which differentiates it from the property east of Leaf, it is not contemplated to be included as there should be adequate septic systems for this area. Based on general City policy we have not addressed this question to the Council but we will address both this and the question regarding the subdivision. The inclusion of the Oxford property would probably reduce the trunk cost by about 10%. (10 properties) 10. Row soon could a project be undertaken? The project progress is dependent on the level of interest of the neighborhood. If substantial interest is generated this fall and hearings could be held this winter, plans could be drawn this winter and construction begun in the spring. It is important to realize that the Council will probably not undertake this project unless a substantial majority of the property owners are interested in undertakinc this project to the point of agreeing to sign a waiver of appeal on this project. This is a neighborhood problem, and the neighborhood should get together to decide how they want to solve it. (It was mentioned that the current prices are as 4 much as 20% below the normal because of the low lake level, which influences the water table, this however could change within a year to two.) 11. when is the next meeting? It is anticipated that the next meeting will be within t',e next 2 to 3 months. In the meantime we suggest to you, if you have questions about your particular lot that you speak to Michael Gaffron as he has diagrammed each of the lots, and discuss not only set backs as diagrammed but also comments such as soil conditions and slopes. (Some owners indicated that they would like the meeting as soon a possible in order to get this underway.) 12. what Federal or State monies are available for this project? There used to be monies available in the '60's and 170's but with the change in the Federal program these monies are no longer available from the Federal level. The City looked at this for the Crystal Bay project and were not able to get any across-the-board grants. (We forgot to mention that the City was able to get funds individually for people through the C.D.B.G. program, but those are no longer available either.) Today we are not aware of P.C.A. or Lake Minnetonka Conservation District mandating hookups in order to preserve the lake. To the extent that other people around the lake have paid for the cost of hooking up their own sewer it is probably not expected that the L.M.C.D. would do a general assessment to help pay for the small area that is left. (Subsequent to the meeting Michael Gaffron has been in contact with P.C.A. to determine what, if any, grants might be available to help fund this project. P.C.A. has funds available for septic system rehabilitation grants, but only for cities whose overall Citywide average income is below the state median. State median is $17,161. Orono's average income is $30,736. (all 1980 data), hence PCA has indicated Orono would not qualify.) 5 COUNCIL MEETING SEP 2 51989 CITY OF ORONO LIST OF LICENSES FOR COUNCIL APPROVAL FOR MEETING OF September 25, 1989 There are no licenses. CPU Kim Not 14 el ti F ORONO _ •T� . 09/17/89 PR 28 CITY D CS PRREGOR PAYROLL �f'.^ ��x�:�' a�`•V}al ': m1 L.. EMP 4 NAME DPT ABRAHAMSON, FREDERIC 93 ANDERSON. BRUCE L 31 BERNHARDSON, MARK E 12 BERNHARDSON. MARK E 12 SOBZIEN, SUE A 31 BOSMA, JAMIE L 12 BRAUN, ROBERT R 93 BRINKHAUS, JOHN F 42 CHESWICK, GARY 6 31 CHRISTIANSON. SALLY 31 CLARX. MARY M 31 CORNICK. JAMES L 31 ENGLISHIII. IRVING H 31 ERICKSON. DOUGLAS J 93 ERICY,SON- KURT R 31 FISCHENICH. DAN T 31 FRITZLER, 301.4N M 31 GAFFRON, MICHAEL P 3? GERHARDSON, JOHN R 42 GREGOiRY. JAMES D 42 HALLIN, DOROTHY M 12 HANSEN, 5T£VEN C 42 HANSING. CAROL J 31 JACOBS, THOMAS J 33 JACOBS, THOMAS J 33 JOHNS❑N. BRADLEY P 31 KILBC, MELVIN H 31 KNUTSON. CHARLOTTE A 15 KUEHN, THOMAS M :5 KUYPEP.. SCOTT E 31 LINDSTROM DAVID J 93 MASUSTH JEANNE A 33 MILLS JR, WALT:R �f 93 MORAN. MARK F 31 MOROWCZYNSK:, JAMES 31 NAAB, THERESA L 12 OAS, DANIEL ❑ 93 05RIEN RANDY L 92 OMAN, LYLE E 33 QUAST WAYNE A 92 RATHBUN BARRY J 92 SASS. JOHN J 42 SCHAUSS, CHARLES R 31 CHEFF LER . LALIP.Ir K 12 KREEN. DALE S 42 TEFFENHAGEN. RONALD 93 TEVENS, 8ETTV G 53 YTD CURRENT GROSS GROSS 112.50 2ES65.90 37571-54 39687.14 15973.66 9579 05 1770.75 24725.25 26397.20 3272.39 110.50 27887.12 28197 04 635 .25 25120.50 25091.12 26502 .81 24015-67 32145-23 21691.21 19939.62 17561,84 9456.22 25995.61 25995.61 26392,09 32825 28 15951 95 31195.92 7292 91 337.50 27063.79 '992,64 25914.73 31036,66 15995 81 '155 00 1779'.75 19003.59 21Z47 5E 18178 55 19725 43 21685 09 13814.1: 18652.91 19957.00 2811 Al 63,00 1607,16 250.00 2115.Go 886 40 595.55 31 50 130S OD 1468 00 192 96 25.00 1396.94 1832 46 41-25 1364.16 1620 75 1538.95 1287-20 1693.36 1133.91 1'_08.ED 1067.pE 536.83 643.ED 3910.84 1364.16 1888.88 886 40 1798.97 673.16 74,25 1504.97 206 53 1337.29 1364-16 886.40 5Z.50 1011-77 1114 4 1253.54 1066.85 1010.11 1253.73 835,17 962 40 1:10 32 191,63 FIT '. 157.19 327.49 108 .89 f . 67.10 169 45 122.98 22.64 105. 0S 239.83 218 83 228.37 270.31 207.85 243.41 33.96 140,84 94.23 58,67 63,08 782.17 203.75 240,'46 93.89 175.37 86.60 140.06 10 - - 112.11 108,89 166,60 107.02 135,09 111.73 115.12 131.49 101.53 94.21 83,36 .l Yrw ter•-+i••. wy,- r i w^-. r : .. ... •. _'.-: .. .� �. ... .. :..; .�-. r.._.. _�.,�.7y.�. .., _.�.-,.•� t. � .• • _ . � �.l�t_.-y' .+fir..,. .,..�:`_y... �- V.. �!....�• --r _ - y .} ... �.i z:. 4� S f� ��i+-lLh.-j]$ilap �t�t"S �-ti :'r:�*'t.yw�K�t�CT..-"�'�i 09/17/99 PR: 28 C9 PRREGOR CITY QF�:', PAYROLL I YTD CURRENT EMP 4 NAME OFT GRASS GRASS FIT THaATON. 14ARK R 31 23669.45 1299.20 I49,3D TOMCHECK, LAWRENCL F 31 25931.73 1299.Z0 187.02 TOMCZYK. MARE( W 31 2516d.92 1364.17 119-15 WALSH, KEVIN L. 35 28.89- 236.k9 27,73 WALTERS, LINDA G 15 8607,87 804.48 62.50 YEAGER, DONALD C 93 BS5.60 310.50 16.59 -- ---55~ 10] 56 2 ssiasasa�as�R ii■ -8 597 99 s tl��ii�iRR I` • � ^ m J J 1888 CITY Of ORONO CHECK REGISTER 09-25-89 PAGE 1 CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV, R P 0. 1 MESSACE 240199 09/20/99 9,304.00 ROLF E ERICKSON SEPT ASSMT FEE 01-1307-059-11 9.304.00 ' ...... ..._CKS J 208016 09/20/89 11.87 ACRO-MINNESOTA INC OFFICE SUPPLIES 01-4210-039-12 208000 09/20/89 12.19- ACRO-MINNESOTA INC OFFICE SUPPL 01-4210-057-14 208006 09/20/89 12.19 ACRO-MINNESOTA INC OFFICE SUPPLIES 01-4210-057-1/ ' 268000 09/20/89 12.19 ACRO-MINNESOTA INC OFFICE SUPPL 01-4210-059-14 268006 09/20/99 12 19 ACRO-MINNESOTA INC OFFICE SUPPL 01-4210-009-15 `- 268000 09/20/8f 12.50 ACRO-MINNESOTA INC OFFICE SUPP 01-4210-129-31 268008 09/20/89 12 50 ACRO-MIN NE S0 INC OFFICE SUPP 0I-4210-124-33 208005 09/20/89 12.49 ACRO-MINNESOTA INC OFFICE SUPP 01-4210-249-42 77,34 26B011 09/20/89 104, 38 ALL STAR ELECTRIL INSTALL FAN 01-4231-129-31 268014 09/20/89 203.95 ALL STAR ELECTRIC TRAFFIC LOT REPAIR 01-43/2-249-42 ., 268014 09/20/89 98.01 ALL STAR ELECTRIC REPAIR TRAFFIC LOT 01-4342-249-42 486 74 ...... ...-cns 268071 09/20/89 72.67 ANCHOR PAPER COPY PAPER 01-126.-U00-00 72.67 ' ...... ...-LKS ' 258085 09/20/89 120.00 BLACKOWIAK A SONS TRASH HAUL 01-4313-099-17 268045 09/20/89 125.OD BLACKOWIAK & SONS TRASH HAUL CI-1343-290-61 245. 00 - .. 26.... 8063 09/20/99 91 23 SAM BLOOM IRON TUBING 01-4231-290-61 , 91 20 ...... ..._CKs 268081 09/20/89 2,853 60 BURY & CARLSON INC AC WEAR 01-/23':-F49-12 - 2.853.60 ...... 268112 09/20/89 115 GS CHIPPEWA CORP BLACK DIRT 21-4313-590-93 v 145 05 268111 09/20/89 6.87 CITYVIEW PLMBG & HTO 2 ELL SWEAT VALVE 32-4234-549-91 26811/ 09/20/89 14. 17 CITYVIEW PLMBG A HID 2 ELL SWEAT VALVE 73.4234-569-92 51.04 - ...... •u_CKS _ .U7 1 r .. .i>.^.:1@+w:z•RCrB#i�^rit'-xs•T-r+hcX% > i �thCMS.,1�pY>7sMY:�C'RM1TNRR'. E 09/30429 PR 27 CM PR FGOR EMP R NAME DPT mCALLAHAN. EDNARD J 11 GOETTEN. J.DIANN 11 GRABEN. JAMES 11 NETTLES, ALAN R 11 PETERSON. BARBAPA A 11 i td CITY OF.. .. .. .. .. f:_{ PAYROLL YTD CURRENT GROSS GROSS FIT 2175.03 241.67 2175.03 241,67 2700.00 300. 00 2175.03 241. 67 2175.03 241, 67 1 .266.88 1909 CITY OF ORONO CHECK REGISTER 09-25-39 PAGE 2 CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. 8 P 0. 8 MESSAGE 268130 01/20/89 83 49 COLONIAL LIFE INS CO SEPT Il. 01-4152-126-]1 288 p0 09/20/89 132 .66 COLONIAL LIFE INS CO SEPT IH:. 01-4152-129-31 206.1s ...... ..._CKS 268143 09/20/89 4.50 COMMERCIAL LIFE/GRP OCT INS 01-4152-039-12 258143 09/20/1, 2.20 COMMERCIAL LIFE/GRP OCT INS 01-4152-069-15 268143 09/20/89 2.T0 COMMENCIAL LIFE/GRP OCT INS 01-4152-121-31 268143 09/20/89 3.60 COMMERCIAL LIFE/GRP OCT ]OS 01-4152-126-31 268143 09/20/89 9.90 COMMERCIAL LIFE/GRP MY IN5 01-4152-129-31 P 68143 09/20/8B 3.60 COMMERCIAL LIFE/GRP OCT INS 01-4152-124-33 260143 09/20/89 5 40 COMMEPCIAL LIFE/GRP OCI INS 01-4152-249-42 288143 09/20/89 1.08 COMMERCIAL LIFE/GRP OCT INS 22-4152-549-91 268143 09/20/09 1.62 COMMERCIAL LFE/GRP OCT INS 23-4152-569-92 268143 09/20/89 90 COMMERCIAL LIFE/GRP OCT INS 24-4152-S90-93 36 00 . ...... •••_CKS 26t181 09/20/89 39.20 EAST SIDE BEVERAGE BEER 24-4815-591-94 39 20 - 188202 09/20/99 11 58 EMRICH BAKING CO ROLLS 24-4902-591-94 11.58 - 28B212 09/20/89 30.60 " S MESSENGER POSTAGE 01-4321-124-33 30.60 . 288258 09/20/39 121.85 GLENWOOD INGLEWOOD WATER 6 CUPS 01-4231-099-12 121 85 . ... u• •••_CKS 288161 09/20/89 898.00 GOLF CAR MIDWEST SEPT LEASE 74-4331-590-93 896.00 . ...... ..._LKS IB8215 09/20/89 230 J2 GROUP HEALTH INC GET INS 01-4151-121-]1 268225 09/20/89 93 35 GROUP HEALTH INC OCT INS 0.-41S1-126-31 268225 09/20;89 902 23 GROUP HEALTH INC OCT INS 01-415/-129-31 268225 09/20/89 93.35 GROUP HEALTH INC OCT INS 01-4151-124-33 288225 09/20/89 191.00 GROUP HEALTH INC OCT INS 24-4151-590-93 1.516.20 ...... .. -CKS 268284 09/20/B9 3.90 HAPPYS POTATO CHIP CHIPS 74-4802-591-94 1989 CITY OF ORONO CHECK REGISTER 09-25-89 PAGE 3 CHECK N0. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. 9 P 0. 9 MESSAGE 3.90 . ...... ...-cns 28t285 09/20/99 23.75 HENNEPIN CO-OP SEED 10 STRAW BALES 74-4343-590-93 23,75 . ...... 268630 09/20/89 94.29 ICMA RETRMNT CORP ICMA 9-4 TO 9-17 01-4140-039-12 94 78 . ...... ..._cns 268365 09/20/89 60.00 JAMES M MONTGOMERY ANALY22 HATER 72-4345-549-91 so Do - ..._CKS 268395 09/20/89 1.458.30 KOEHNENS STANDARD REPAIR SOD CARS 01-4341-129-31 1.456.30 26 e404 09/20/89 64 40 THE LAKER ADS 01-4322-039-12 211404 09/20/89 238.SS THE LAKER ADS OId322-1T4-33 269404 09/20/89 34.43 THE LAKER ADS 24-4322-412-00 268404 09/20/89 58 73 THE LAKER ADS 24-4322-422-00 268404 09/20/09 26.73 THE LAKER ADS 26-4322-439-00 268404 09/20/89 29 16 THE LAKER ADS 26-4322-439-00 452 00 • ...... ..._cns 268439 09/20/89 16.35 LONG LK FORD TRACTOR REPAIR LAHNMR 01-4342-290-61 260439 09/20/89 22.19 LONG LK FORD TRACTOR OIL 74-4232-590-93 43 54 • ...... ..._CNS 288445 00/20/89 15.00 LYMAN LUMBER MOOD LATH 12-4234-SAS-91 I5.00 . ...... ..._CNS 28 e460 09/20/99 62. l0 MARK VII CISf BEER T4-4815-591-94 62.10 26t462 09/20/89 983 54 MARK' AVARRE 66 AUTO REPAIR 01-4341-129-31 983 54 - ..._cns xae4a4 09/20/89 120. 00 MGFOA LAURIE HRAD MGFO ANNUAL CONF 01-4356-069-15 1989 CITY OF ORONO CHECK REGISTER 09-25-89 PAGE 4 CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIP-ION ACCOUNT NO. INV. 8 P.O 8 MESSAGE 120.00 - .. -CKS zeeua 09/20/09 10.773.to METRO WASTE CONTROL PREPAID MCC OCT 13-1282-000-00 10,113.86 • ...... i68485 09/20/99 36.58 MPLS OXYGEN CO OXYGEN 01-4232-129-31 36 5e - 268486 09/20/89 304 SO MPLS STAR S TRIBUNE BLDG INSPEC AO 01-4323-04-33 304.20 . ...... ...-Crc5 200490 09/20/89 1S 28 MINNEGASCO UTITIES 01-4324-099-17 28B490 09/20/89 4.36 MINNEGASCO UTLITIES 01-4324-129-31 26B490 OB/20/89 222.20 MINNEGASCO UTLI71ES 72-4324-549-91 . Ae490 09/20/99 2,75 MINNEGASCO UTITIES 13-4324-589-92 245.59 ...... •••-CKS 28 N95 09/20/89 1.00 MN BENEFIT ASSN OCT INS 01-4152-129-31 1.00 ...... 268500 09/20/89 15.00 COMM..._CKS MINN CO PAGER EXCHANGE 01-4232-129-31 268500 09/20/89 11.00 MINN COW TELEPHONE 01-4320-12A-31 32.00 ...... •••_CKS 288548 09120119 13.99 NAVARRE HARDWARE MISC SUPPLIES 01-4210-174-33 26b543 09/20/88 140.64 NAVARRE HARDWARE MISC SUPPLIES O1-4232-249-42 288548 09/20/89 56.95 NAVARRE HARDWARE MISC SUPPLIES 01-2342-129-31 288548 09/20/89 IL- NAVARRE HARDWARE MISC SUPPLIES 01-4342-249-42 288548 09/20/89 2.40 NAVARRE HARDWARE MISC SUPPLIES 01-4342-290-61 288548 01,1011, 95.51 NAVARRE HARDWARE MISC SUPPLIES U1-4343-099.17 2OBS48 09/20/89 33.49 HAVANAE HARDWARE MISC SUPPLIES 12-4234 -549-91 288548 01120111 15. 12 NAVARRE HARDWARE MISC SUPPLIES 72-4342-549-91 288548 02/20/IS 3.55 NAVARRE HARDWARE MISC SUPPLIES 73-4232-569-92 258549 09/20/09 83.19 NAVARRE HARDWARE MISC SUPPLIES 74-4342-590-93 444 79 • ...... ..._CKS 26t55B 09/20/89 903.11 NSP SEPT STREET LOT 01-4325-240-42 993.11 - 28es62 09/20/89 so.53 NSP UTILITIES 13-4324-569-92 1989 CITY OF ORONO CHECK REGISTER 09-25-89 PAGE 5 CHECK N0. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. 8 P 0 t MESSAGE 90.53 • ...... ...-CNS 2 e859] 02/20/89 3.830.05 PUBLIC EMPL NET AISN PENA 9-4 TO 9-17 01-2031-000-00 3,830.05 .....• •••-CNS 281817 09/20/89 81 60 PERRYS VENTURES INC INSTALL HITCH 01-4341-249-62 268613 09/20/89 233.86 PERRYS VENTURES INC REPAIR TRUCK I3-4361-589-92 315,20 • 1116LI 01120119 7,50 PERRVS VENTURES INC CPR WASH O1-R3Al-UB-a2 268615 09/20/8. A.25 RERRYS VENTURES INC CAR WASH 12-43A1-5<9-91 268615 09/20/89 5 70 PERRYS VENTURES INC CAP WASH 73-4341-589-92 1].A5 288821 09/20/09 647 00 PHYSICIANS HEALTH OCT INS 01-3872-000-00 268621 09/20/09 497.00 PHYSICIANS HEALTH GET INS O1-4151-039-12 268e 21 09/20/89 382,00 PHYSICIANS HEALTH OCT INS O1d151-069-15 26062L 09/20/89 190.10 PHYSICIANS HEALTH OCT INS O1-4151-121-31 281821 09/20/89 305. 10 PHYSICIANS HEALTH OCT INS 01-8151-128-31 268621 09/20/09 1.068,20 PHYSICIANS HEALTH OCT 1N5 Ol-A151-129-31 258521 09/20/09 306.00 PHYSICIANS HEALTH OCT INS 01-4151-174-33 26SE21 09/20/89 764.00 PHYSICIANS HEALTH OCT INS 01-4151-249-42 26852L 09/20/99 138.00 PHYSICIANS HEALTH OCT INS 72-4151-549-91 28862L 09/20/89 207.00 PHYSICIANS HEALTH OCT INS 73-4151-569-97 4.506.60 2elee2 09/20/89 11. 10 REED CANDY 6 TOBACCO CIG 6 CAM 74-4802-591-94 11 10 281]90 09/20/09 44.65 TONYS PIRA SERV SANDWICHES 74d802-591-94 R165 ...... •••-CRS 2 et2B5 09/20/82 509.02 TWIN CITY STRIPPING HUNTER/TAMARACK 01-4233-269-42 509.02 •••_CNS 2•....• 881I5 09/20/89 56 A8 US WEST COIMUN TELEPHONE 01-4320-129-31 263915 09/20/69 A 02 US WEST COMMON TELEPHONE 01-4320-249-42 2e1915 09/20/99 34.30 US WEST COMMUN DATA PROCESS 01-4355-069-IS 269815 09/20/89 28.0T US WEST COIMUN DATA PROCESS 12-4355-589-91 Y 1989 CITY OF ORONO CHECK REGISTER 09-25-89 PAGE 8 CHECK N0. GATE AMOUNT VENDOR ITEM DESFQPTION ACCOUNT N0. INV. 6 P.O. 6 MESSAGE 268815 09/20/99 /1.59 US WEST COMMUN DATA PP^LESS 23-1355-569-92 y 16/ A5 ...... ... -CKS _ 2et826 09/20/89 -.080.15 WALDOR PUMP REPAIR PUMP ]3-1311-569-92 2,060. IS 2818J5 09/20/89 179.10 WARNING LITES Of MN FLASHES 01-4331-249-12 179 10 ' 28tB11 09/20/89 432 62 WATER PRODUCTS CO DRAINAGE PIPE 01-4233-249-12 432.62 268842 09/20/89 2.336.00 WAYZATA-CITY OF 2ND HALF FIRE 01-4318-133-32 2.330.00 ....., ...-CKS 26eN1 09/20/89 285.00 WAYZATA BAY CAR WASH CAR WASH TICKET 01-4341-129-31 265.00 ... .. ..._CKS 268t66 09/20/89 432. 00 WIDMER BROS FIX WATER LINE T2-43/5-S49-91 132.00 ...... 28 8901 09/20/89 48.00 CAREER TRACK CLASS/MORAN 01-1356-129-01 /8,00 288902 09/20/85 10 00 EQUAL EYES ASSESSOR AD 01-4323-059-14 10 00 • 268203 09/20/89 39.00 MOUND MEDICAL CLINIC HIRE PHY GOMAN 01-1306-12941 39.00 ' 268004 09/20/99 -. 00 NTW FRITZLER 01d380-129-31 00 • 268205 09/20/89 32. 72 SMITH A WESSON PARTS 01-4232-129-31 32.22 288906 09/20/80 9.99 LINEN CENTER DCCP BLIND 01-4343-129-31 9 99 • 201002 09/20/09 73.00 HAROLD PANUSMA POLICE AUCTION 01-3790-000-00 2J 119 26820B 09/20/89 so so FRED FARR FARR REFUND 61436 01-3131-000-00 1999 CITY OF ORONO CHECK NO. DATE AMOUNT 60.50 288909 09/20/89 375.00 371.00 2689LO 09/20/89 3.000.00 3,000.00 2689L1 09/20/89 157.50 157.50 • 269912 09/20/09 3:111.98 3501.94 •••••• 21.075.54 93. IS 3,055.89 3,561.90 956.08 13,uA.ST I.920.51 S5,0<T.T9 CHECK REGISTER 09.25-00 PAGE T VENDOR ITEM DESCRIPTION ACCOUNT NO. INV, 8 P.O. R MESSAGE BURLINGTON NORTHERN 000000 PUBLICORP INC EARL NORWOOD FUND 01 TOTAL FUND 28 TOTAL FUND 26 TOTAL FUND 82 TOTAL FUND 72 TOTAL FUND 73 TOTAL FUND 78 TOTAL TOTAL 5 YR LEASE SIGN 74-4323-590-93 BOND RATING 28-8306-839-00 TIT STUDY 01-4305-039-12 REFUND SEWER UNIT 82-8850-903-00 GENERAL FUND PERM IMPROVE REVOLVING F 1966-76 IMP BOND D S FUN WATER OPERATING FU D SEWER OPERATING FUND GOLF COURSE OPERATING FD •••-CRS COUNCIL MEETING TO: Mayor and City Council � SEP251989 FROM: Mark E. Bernhardson, City Administrate DATE: September 21, 1989 CRY OF MONO SUBJECT: Administrator's Information HIGHWAY 12 FEASIBILITY - We continue to await word from MnDOT District 5 as to the status of the request for a feasibility study for their Central Office. FACILITIES - Based on current schedules it is estimated that a acuities meeting will be held in the latter half of October. I will be in contact with you regarding schedules later. 1342 REST POINT CIRCLE/BOAT HOUSE - The staff has reviewed the boat house that was noted of concern by Councilmembers at the last meeting. A letter will be sent to the property owner regarding the boat house. According to the files no permits were pulled regarding a boat house repair. The enclosed 1975 survey does not designate a boat house structure. CLEAN UP DeY - As requested by the Council fall clean up day has been delayed from October 14 to October 21st. CABLE TV RATES - The attached memo outlines the rates that Triax will be implementing the first part of November. The Federal Communications Act cable TV amendments a few years ago removed the local communities out of the ability to regulate rates. At this time there is nothing either the City nor the Lake Minnetonka Cable Commission can directly do in order to limit this rate increase. It may be appropriate that the Lake Minnetonka Cable Commission together with other: cable franchise administrators work to modify what exis`.s as an unregulated mon000ly. MOODY'S MUNICIPAL CREDIT REPORT - See attachment. 604 2N0 STREET S E. Po BOX n 0 WASECA MN W90 507,835. 5975 FAX NUMBER 50; 8)5 4%7 . 4s mbe? ON094 i0 Y113 Mayor Grabek and City Council Members City of Orono Box 66 Crystal Bay, MN 55323 Dear Mayor Grabek and Council Members: Effective November 1, 1989 the monthly rate for basic cable in Orono will be adjusted - $17.95 per month. we are also adjusting our premium service rates. first premium service, no matter which service it may be, will .9.95, second pay $6.95, third pay $4.95, and the fourth pay $3.95. The discounting of premium services will be a major change. A complete listing of our rates and charges is enclosed with this letter. These rate adjustments are directly affected by increases in expenses. As an operating business in your community, we have been faced with dramatically increased programming costs along with other increases in operating expenses. However, we have elected to continue to provide our customers with the most current and exclusive programming available. Also, since Triax has acquired the cable system in your community, we have opened a new "Customer Service Center" which is manned Monday through Friday from 8:00 am to 7:00 pm. After those hours we have a 24-hour answering service taking customer calls and dispatching local technicians when needed. We have also been in the process of implementing new customer service standards which address: cable picture quality, telephone professionalism, and installation and service efficiency. Triax is working hard to minimize expenses while improving the level of service we provide our customers. We are very proud to be your community's cable television company. If you have any questions, please give me a call at (507) 835-5975. Sincer,' Ric Hanson Regional Manager Enclosure RRsevp TRIAX CABLEVISION CABLE TV RATES AND CHARGES November 1, 1989 Cable Services Basic -------------------- Basic + 1 Premium Service Basic + 2 Premium Services Basic + 3 Premium Services Basic + 4 Premium Services Additional Outlet -------- Remote Control ----------- •• Sales Tax not included in monthly rate. Installation Charges Monthly Rate*• -- $ 17.95 -- 27.90 -- 34.85 -- 39.80 -- 43.75 -- 2.50 -- 3.25 Basic Cable Installation ---------------------------------- $ 45 Reconnect ------------------------------------------------- 25 Additional Outlet Installation ---------------------------- 25 (No charge for one extra outlet done at the time of install.) Premium Service Installation ------------------------------ 15 Transfer/House-to-House----------------------------------- 15 Non -Pay Reconnect ----------------------------------------- 35 (Plus one month in advance.) `.:; ARLEEIIGH C. SMITH&VONA moo Ftimor wayab SmJ~a Wayuta, nvd..m PLAT OF SURVIY a M DIiSO►lw"O►-Q(�WjLLewe A- rA/er 4 SFe.a �r Je Mer.d ft36� daanllW Y falew. Let 1 O Raft Po: n- 0., K • �.�F.. ��. Se.w�a.r.yrLy Y,a aC e..Fl:a w�.f.w wF +� �(ayba .JJ.. w... wtJ tee• to Seat: 1 4D �` • 'e �e1a e• u Z H ca►arJ,a OF &MATM or wnaw 1 ray eaeuy Yr qm 1`_ m.a. a dewr of as wW war r ur wYy r w ttb w dmwa" nmpwV ad Or th, 11r1m a .1r 11r11Jee is aaanad Mtt = 00 1S1a1 IIDL "r► viol I."r MtNNP70NKA Cownrw-La Or NORM 1 r.y erDp W .. 2 s s.iL, la7l aary , Dr w+war , bad lbw aaai Drl ar 1eo.a WI Y a aae.art rvt, YDr W arvq. moody's Municipal Credit Report Orono, Minnesota September 11, 1989 New Issue General Obllgafion/Special Tax Salo: $2,300,000 General Obligation Water and Sewer Revenueflonds,Series1989 dale For bids September I Moody's rating: Act (revised from Act) opinion: Superior resident income levels and housing values, sentative of the high grade security afforded the continued tax base growth, excellent financial posi- city's debt. and are reflected in the revision ofN- don, and to. debt burden are characteristics repre- rating to Aa 1 from Act Ray facts: Estimated per Capita Income, 1985: $23,627 Year -End Debt Service Fund As%of State: 211% Balance as%of Expenditures, F.V. per Capita, 1988: $76.047 1988: 280.3% Residential as %of Total Property Taxes as % of Debt Tax Base, 1988: 90.3% Service Fund Revenue, 1988: 6.5% Average Annual F.V., Growth General ObligationBonds 1984-88: 7.1% Outstanding: $4,050,000 Unemployment Rate. 1988. Debt Burden: 1.6% Hennepin County: 3.2% Payout. Ten Years: 75.3% Year -End Undesigmted General Fund Balance as %of Revenues, 1988: 103.4% update Audited 1988 financial su amens have become $262.000 surplus in that fund's operations for the available since publication of our last report.dated year. The current iuC 4ile anticipated, is larger April 19, 1989. Addition to the already lart Gen. than had been prcjeetpi , !,d u, the inclusion of eul Fund balance were made as the result of a financing for additional improvements. analysis: The City of Orono, locatW approximately 15 miles base, quite suable for a city of7,500 residents, west of Minneapolis m the north shore of Lake continues to grow impressively at araw of 7% Minnetonka, is predominantly a wealthy residential annually over the last five yens. Population, which community. Sociocconomit: indices based on the remained steady inthe 1970s,has also grown some - 1980cemasand mom recent pacapiuincome what in recent years. Commercial development. dam are among the highest in the sure. The tax although not significant in date, is expected to General Obligation/Speclol Tax September 11. 1989 Orono. Minnesota increase as the result of current improvements to Debt position remains favorable despite the size of thecity'smainthoroughfams. the current issue. which exceeds all previously out- Financia0y, the city is in a strong position, with standing debt. Considerable special assessment pre- amplereserves inthe major operating funds. Can- payment has created reserves of nearly tree times servative budgeting resulted in a significant General aunmal debt urviceexpenditures in 1988. General Fund surplus in 1988, adding to a fund balance that property taxes only accounted for 6.5%of Debt exceeds the 1989 General Fund budget. A transfer Service Fond revenues in the year, and cityo.�ials in August 1989 of nearly$2 million into a special anticipate no general levy will be needed for the food for construction of a city hall is not projected current issue. Payment instead is expected to be ro be the ultimate source of financing far the pro- made from a combination of water and sewer rove. jWL Constmcdon is not expected to begin until nues, connection charges. and special assessments 1990. when officials plan to arrange for a lease- against the benefited area. Future borrowing plans purchase agreement. lntenat on the segregated are currently undetermined. funds will continue to accrue to the General Fund. Officials report 1989 performanceshould once again yield a surplus. details of bond Legal Name of Issuer: City of Orono, Call Features: Beginning February 1. 1996. at safe: Minnesota. par' Security: G.O., TILT. Registrar: To be detemum:1. Date of Bonds: September 16,1989. PayingAgem: Tobedetem.ined. Denomination: Integralmuluplesol'S5.000. Delivery: Within 40 days ofrh award. Annual Maturities 2/1(3000) Bond Counsel: Faegre& Berson, Minneapolis. Year Amount Year Amount Financial Officer: Thomas Kuehn. Finance 1903-94 S175 1999 $250 Director. 1995-96 200 2000-01 275 Advisors: Ehlers and Associates. Inc.. 1997.98 225 2002 300 Minneapolis. Interest Rate: To be determined. Auditor: Pannell Kerr l orster, Minneapolis Average Life of Issue: 8.39years. (FY 1988). Interest Payablrs: August 1,1990and semiannu- allythereafter. details of lost Date of Sale: June 10. 1985. Interest Cost: 7.92% comparable Amount: S900,000. Moody's Index: M 8.40% sale: Purchaser. MillerSecurities. rut>ae.e.ea.e....wr.. u.tsrv. rating history: September 1985: Aal August 1974: At June 1985: Act August 1963: A anarya: W. l� c.y.tsare tunny smer'•r..o,sew.mnsa+va�n.�..dna..wa�asv...n..r�s. ws'taam . _.,. General Obllgatlon/Special Tax September 11, 1989 Orono, Minnesota debt factors: Debt Statement as of 9/ 1 /89 (S 00 Bonded debt outstanding Current offering (9/11/89) Gross bonded and direct net debt Overlappingdebt Overall netdebt Ibddl4aYlafammw, Pememrmm Mandy, 19r9Mwicipl, Go—LM—L pre 3W Amount S1,750 2300 $4,050 SX)4 S9324 Security: G.O.. ULT. Payable initially from net connectioncharges and special assessmena at= revenues of water and sews system. Support from expected Defaults: No record found. Debt Ratios Net Per % Median Debt Capita MMedlon F.V. 111M Direct S 534 S 655 0.7 2.0 Overall I= 1.019 1.6 3.1 mMNie reouee�ie PPN u law Role of Retirement Principal Amount %of Amount Due IS000) Total In 5 years S1.395 34.4 In 10 years 3.050 75.3 Use of Proceeds: Various water and sewer CIP/Future Borrowing: Somesmallbondissues improvemu^.Is. possible in 1990.alsoalease-purchase for a mw Structure: This issue. level debt service after initial city hall,expectedtobe$2.75 million. principal payment 1993, rapid payout. Overall. declining debt service. administrative Fmmof Govemment:Five-ma,.bercityccuncil Public Employees: 36 full-time and 13 part-time. factors: including voting mayor. City manager and finance 25 employees enrolled in PFR4 pension plan director appointed. administered by sate: city contributions were $90,209 in 1987 and$91.968 in 1988. property Orono valuation and Assessor's Icx data: Levy/Collection Market % Tax Rate/ Levy %Currem Year A.V.(000) Value(000) Change SI=A.V. (000) Collected 1986-87 $103.552 406.SW 44 $12.07 $1.247 97.7 1987.88 107.415 434.736 6.9 1204 1.293 97.3 1988-89In 14352 491330 10.1 ®9.63 1383 In process Ma,a W Wm+Y. Fva,oyeny W� M&W m 19". mr ,,. unYlodM W. pWq. •EiA i,ulaYW by l9lYmr a d4M1 rsmY lmwl. m W e®md,eeY,rJr NprynY. Te r,sevufdY usY,yYbY W W tpnrv,+. (. p,wyed W aya.vl. :.rdYn,Y rv, md„s,eee W w ppl4lwdmsiigp,9e,Y Weepge4lem 1990.Y.eY,edpa9vry mMemd.iY b� W aTep.wd Yf fW.000Ne beetNPap^Yramdmelw�„up�llaa lY �edetld„bae,eplr�dwi WeNuxm ,r,ua. and IzJ Wuy,mYwm,on rylisner W Fs W W aQse,u ryo,) rr O.sYI W epevy,w (iatVdW tlml die,i,3 m.e,Y. nd abmllgnr�mu4 YQm LSD. ZM 4a39{. General Obligation/Special Tax September 11, 1989 Orono, Minnesota 1988Fa1Valuation: $576.43"1 1988 F.V. per Capita: S76,047 1987Feunintion Rater 83.4% mM1e.v.uagwnm.WRe..wn uk7,.,i. In, n.7ekn.iWY. Ave"ge Annual Growth F.V.,1984-88: 7.1 % 1988 Largest Taxpayers Business OG.T.C. Washington Scientific. Inc. Machine pans manufacturing $69.675 Individual Residential 60.112 Individual Residential 56.743 Wayzata County Club Private club 49,175 Individual Residential 47.328 Veda, Inc. Livestock feedingsystems 46303 MCm7Tu CVmq. economic Population: Orono factors. % Year Population Change 1970 6.787 - 1980 6.945 0.9 1986(ML)© 7.580 10.7 s....w.v.,.e.... a Mma9Wa m 19119eN..s7379. Population and Housing Characteristics: Orono Location: NoMem shore of Lake Minnetonka, approximately 15 miles westof Minneapolis in Hennepin County. Area: 15.6 square miles Population Density: 486persquaremile State U.S. 1980 1980 1980 Population: Medianage 31.8 292 30.0 96 scaool age 23.9 21.2 20.9 5h working age 62.3 59.5 60.7 % 65 snd over 7.7 11.8 113 No. penums/household 2.99 2.74 2.75 Income: Medianfamilyincome $35,223 $21.185 $19" %below poverty level 2.5 9.5 12.5 Percepts income $15378 $7,450 $7313 Housing: 56 owner occupied 89.7 71.66 64.4 • built before 1939 282 33.3 26.1 %built since lutcensu9 19.8 252 259 Owneroccupiedmedianvalue S97,100 SSa.300 $47,300 Median gross rent $354 $236 S2A3 f Occupied housfngunits 2291 - a..sw.a...s.� General Obllgallon/Special Tax September 11. 1989 Orono, Minnesota Per Capita Income: 1979 1985 % Change orotto $15378 S23.627 53.6 Hennepin County 9.403 14.534 54.6 Norms O 7,745 11.518 48.2 m FW .m.. i. Ne am. a Mime.o,� Labor Market Characteristics: Hennepin County Labor Total % Unemployed Year Force Employment County State U.S. 1978 4SZ935 467.621 3.2 3.8 6.1 1979 494,975 478,835 3.3 4.2 5.8 1980 510,113 489,004 4.1 5.9 7.1 1981 526,C85 504,415 4.1 5.5 7.6 1982 528,509 496.442 6.1 7.8 9.7 1983 +O 527,156 492.7)2 6.5 8.2 9.6 19840 558308 532576 4.6 6.3 7.5 198507 585.691 561.605 4.1 6.0 7.2 1996 593,681 570,522 3.9 5.3 7.0 1997 600938 575963 4.2 5.4 6.2 1988 619.735 599,706 3.2 4.0 5.5 6/88M 620309 599,123 3.6 4.1 55 6/89 M 630.637 602.922 4.4 4.9 5.5 swm: t><s.mm.at.l... tIW Wnal.e W sklw... mo+. Ofnl�pay,Wesyv.Ew W U.nrW u Ne lm,J,m�Yiy pW.u. m MmNy Nu m, v.mJly etl"aG Largest Employers Employees Employees 1989 1989 Washington Scientific Industries 360 Woodhiil Cowry Club 114 Waymua Country Club 210 City of Orono 49 Orono l.S.). 278 200 Rich's Super Valu 45 Van Dale, Inc. 181 First National Bank of the Lakes 19 sm,m:mm4J.m L financial Operating funds Financial Performance (fiscal years ended 12/31 $ 000) O factors: % M 1987 1988 ChonQ _ Revenues $3311 $3,274 -1.1 Expenditures 3.015 3.056 1.4 OpentingsurplusM 411 262 -36.3 mf WLLaryJJl4ea,W.�neMSen�W tvJ.ImNifiel..vwlm.NW ul..`aeueU. mmwJ Maury. m Ie.YY. I I f \,91Y n. W.J wpeY .�' J[I Nen. k,ne.l I WN. 6 General ObUgatlon/Special Tax September 11. 1989 Orono, Minnesota 1988 Sources of Revenue % 1988 Items of Fxoenailure % Property taxes 35.7 Publicsafety 41.7 Chargesforservices 19.6 General government 20.5 Intergovernmental 14.9 Debt service 17.5 Interest on invesmsents 11.0 Streeu 110 specialxuessmertm i 9.2 General Fund Financial Pwdfon (fiscal years ended 12/31 $ 000) Cash and invesunenu $2.943 S2,962 Opmung loaw - - Oda rercuent liabilities 144 146 Yeare dcashsurplu9 S2.800 $2.815 Receivables $161 S406 Fund balance $3.0% S3.265 Undesignated fund balance® 2,614 Z845 mn.efaa.,.a,..... ma..maea.a. ampw fw.ewpmry.mug6Ya MIA91w 19r9.A901. 19M 8195C01 ■ m f �§ ! C1INCIL |m� . »Ea +, CPOF a%0 ■ MINUTES OF THE PLANNING COMMISSION MBRTING SEPTEMBER 6, 1969 ATTENDANCE 7:00 P.M. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley; Planning Commissioners Johnson, Cohen, Hanson and Moos. The following represented the City staff: Building and Zoning Administrator Mabusth, Assistant Planning and Zoning Administrator Gaffron and City Recorder Scheffler. Councilmember Goetten was also present. #1411 SUSSES SQUARE DEVELOPMENT 3020 PDX STREET PRBLININARY SUBDIVISION CONTINUATION OF PUBLIC HEARING 8:00 P.M. TO 9:07 P.M. Ms. Nina Wildman was present for this public hearing, as was Mr. Mark Gronberg, her Surveyor/Engineer. The Affidavit of Publication and Certificate of Mailing were duly noted. It was also noted by Building and Zoning Administrator Mabusth that persons shown on the property owners list were re -notified. Building and Zoning Administrator Mabusth explained that the applicant has presented a revised plan showing 17 lots and a through road. Mabusth said that there is no longer a problem with lot width. Mabusth referenced Michael Gaffron's memo regarding the availability of suitable septic sites on each lot. Mark Gronberg explained that the read would be located 26' away from the wetlands. He said that the outlot had been relocated and though they were not in favor of having the outlot, they would conform to the City's policies. He said that ther@ would now be a through street to Leaf Street and he was proponing to have a stop sign at that intersection. He noted that all of the lots would meet the required 200' front width. Gronberg showed approximately where the proposed houses would be located. He said that each lot would be a walkout lot with the exception of Lots 2 and 3. He said that all dry areas shown are to the 100 year flood plain rather than to just the normal flood elevations. Gronberg showed the proposed grading limits for the roadway. He said that he was sticking very closely to the right-of-way with the exception of the area for Lots 2 and 3 where filling will be necessary and the upper corner where excavation for ponding areas will occur. He said that tree removal would be minimal and would occur mainly in the azea of the cul-de-sac. He said that the applicant proposed to plant 10' to 15' spruce trees along the pond extending to the entrance on Leaf Street. Chairman Kelley questioned whether the applicant had sketch plans of the landscaping plant Ms. Wildman replied that she did not have the plans at this time but was working with a landscape architect and would have a plan at a later time. MINUSES OF THE PLANNING COMMISSION MEETING SEPTElBER 6, 1989 ZONING FILE i1411-SUSSEX SQUARE CONTINUED Mr. Gronberg showed four options being considered for entrance gates. Mr. Gronberg provided a detailed explanation of the drainage pattern for the property. He said that the detention pond had such a capacity that 100 year storm water runoff would only raise the level of the pond 1/40. He said that a baffle weir would be installed to improve water quality. Gronberg said that Area 2 was presently a problem because the 1.culvert running west under Leaf Street was plugged and ' e of it being so small, would overflow in a 100 year storm. ras proposing to dig out a much larger holding pond and ;.a. tia storm water into that pond. He said that an attempt would be made to do the road grades in such a way that drainage would remain the same, however, there will be small increases in each watershed area that will be dealt with individually. Gronberg said that there had been concern expressed about over -development of this parcel. He compared the Plat of Farview with the Fox Bend proposal. Mabusth questioned how many of the lots in the Farview subdivision meet the 200' lot width standard? Gronberg replied that there were 6 lots th^t did not meet that standard. W. -th asked Gronberg whether drainage was currently a concern Area 67 Gronberg replied that. drainage in Area 6 has always been a concern but added that {: roblems were likely to occur in very rare instances and that this development will have no impact on Area 6. Gaffron questioned what the status would be of the pond being excavated in the northwest corner? Gronberg answered that the pond would remain dry inbetween storms. Chairman Kelley questioned who would maintain the various baffles and culverts. Gronberg said that usually the homeowner's agreement addresses such issues. Mabusth said that the City would take drainage easements over all of the drainage ways and detention/retention areas. If the Homeowners Association failed to make necessary repairs to the drainage system, the City would have the right to make the necessary repaiis in emergency situations and assess costs against individual homeowners. Chairman Kelley opined that he was in favor of the through road with no right angle or stop sign. Kelley said that it would take less time to go from Leaf Street directly to Fox Street. Kelley eaid that it would also be easier to maintain the through road if it was configured with no right angle. Gronberg said that they would be willing to forego the right angle if the City indicated that preference. Planning Commissioner Johnson concurred with Kelley. He said that the road would only be used by residents of the subdivision and they would probably tend to cut the corner if MINUTES OF THE PLANNING COMMISSION MEETING SEPTEMBER 6, 1989 ZONING FILE 41411—SUSSEX SQUARE CONTINUED there was a right angle. Ms. Wildman explained that she was proposing a stop sign for safety reasons. The Planning Commission addressed the issue of Outlot A and whether or not it should be included in the subdivision. Chairman Kelley asked Dr. Greg Lawton, the only resident with property abutting the proposed Outlot A. Dr. Lawton said that the Outlot would enter his property in the center of the western border of his property. He said that he would be the only person that would benefit from the Outlot as it would allow him to access his property from the west. Mabusth advised Dr. Lawton that in the event he chose to subdivide his property, the City may ask that he provide a connection from Outlot A to Old Crystal Bay Road. Chairman Kelley said that he did not believe that Outlot A was necessary. Planning Commissioner Johnson said that though the Outlot was not necessary, it should be included in the plans. He said that if it was later found to be unnecessary, it could be released. Dr. Lawton said that due to the topography xn the area between Old Crystal Bay Road and the proposed Outlot A, it would not be practical to develop a road through that area. Planning Commissioner Cohen said that there was a discrepancy regarding the proposed lots meeting the required 200' front width. Building & Zoning Administrator Mabusth said that there is adequate frontage and proceeded to define lot width for each lot. Chairman Kelley said that he would like the applicant to submit a landscape plan for the Council and neighboring property owners to review. He also suggested that the applicant also submit a plan for entrance gates/monuments. Mr. Phil Byers, 3083 Farview Lane, said that he was concerned about runoff from Area 3 and 4 draining to Area 5 where it would concentrate from the water coming down the road from the south running through the existing pipe under Fox Street. He said that drainage Area 4 has a 100 year flood level of less than 2' above normal. He questioned whether replacing the existing pipe with a pipe of lesser diameter would have any affect on the rate water passed through. Chairman Kelley advised Mr. Byers of the City's policy that disallows the development of any property to increase the rate of runoff that currently flows from the property. Mr. Byers contended that Ms. Wildman's proposals would not MINUTES OF THE PLANNING COMMISSION MEETING SEPTEMBER 6, 1989 ZONING FILE i1411-SUSSEX SQUARE CONTINUED abide by that policy because the runoff from Areas 4 and 5 will be greater than it is today. Mark Gronberg responded that he was blocking off the 18" culvert and putting in a 12" which would restrict the flow into Farview. Gronberg also noted that a new baffle would be installed which would slow the drainage a bit. Gronberg also stated that the Minnehaha Creek Watershed District is reviewing this proposal. Mabusth noted that only drainage from Area 4 would drain to Area 5 and eventually to Area 6. Mr. George Dixon, 3250 Fox Street, said that after the Planning Commission Meeting in June, a group of neighbors that were concerned about this subdivision got together and hired HAW to draft an alternative plan. Mr. Dixon showed the Planning Commission that proposal. Ms. Ann Mass, 3175 Fox Street, was concerned about drainage and whether it would affect her property. Mr. Gronberg explained that in the case of the 100 year storm, the pond at the southwest corner would rise to the 966 elevation which would be less than the berm at 967'. If the culvert were to plug, then water would flow over at a 967' elevation. He said that the chance of that occuring is remote. Ms. Mass said that what Mr. Gronberg was saying did not accurately reflect what is happening. She said that since she has lived on the property, the water has been up to the road. Gronberg replied that the culvert was half full of gravel and needed to be cleaned out. He said there was another culvert that was completly plugged. It would be the applicant's intention to clean out those culverts. Ms. Mass said that she was also concerned about the runoff carrying lawn fertilizers into Lake Minnetonka. Mr. Joseph Chadwick, expressed his concern about water backing up behind his house and affecting his septic system. Mr. Gronberg responded that the water level would only increase to the property lire of the applicant's property. Dr. Lawton said that the perimeter borders had not yet been defined. Gronberg explained for the benefit of the Planning Commission that this was an "auditor's subdivision" and there was a discrepancy in the legal descriptions being shown. Kelley suggested that the discrepancy .'.e -leared up prior to final approval. Mr. David Mass questioned sr the Minnehaha Creek Watershed District had approved L...s proposal7 Mr. Gronberg replied that it was scheduled for their review on September 21st. Kelley recommended that property owners with drainage concerns attend that meeting. There were no further comments from the public regarding MINUTES OF THE PLANNING COMMISSION MEETING SEPTEMBER 6, 1989 ZONING PILE 81611-SUSSEK SQUARE CONTINUED this matter and the public hearing was closed. It was moved by Planning Commissioner Cohen, seconded by Planning Commissioner Johnson. to recommend approval of this subdivision per staff's recommendations and conditions and that the through street be configured as initially proposed with no right angle or stop sign and that Outlot A be included. Cohen further recommended that the applicant submit copies of a formal landscape plan. Planning Commissioner Johnson recommended that the through road be public rather than private. Mabusth advised Johnson that the Council would be obliged to act in favor of a private road to avoid setting a precedent. Planning Commissioner Cohen informed Johnson that he preferred not to amend his motion. Johnson stated that the only variance involved with this application is on the part of the City. Motion, Ayes-5, Nays-0, Motion passed. i1411 DON COPLEY 1185 TURKANA ROAD VARIANCE PUBLIC HEARING 7:00 P.M. (CONTINUED) The applicant was present for this public hearing. The Affidavit of Publication and Certificate of Mailing were duly noted. Building and Zoning Administrator Mabusth informed the Planning Commission that the applicant was seeking a hardcover variance within the 75-250' setback area and a s ht average lakeshore setback variance. The applicant it oposing to construct a first level 3-season porch and a -ccond level balcony. Mabusth asked Mr. Copley if he had received staff's memo indicating that staff's hardcover calculations varied from that of the applicant's. Mabusth said that the City calculated hardcover to be 32% as opposed to 26.1% as shown by applicant's surveyor. Mabusth noted that the City's calculations included 24 s.f. of stairway. Mr. Copley stated that he did not receive the City-3 information and did not accept the City's calculations. He said that he did not understand how there could such a difference. Chairman Kelley suggested tabling this matter to allow Mr. Copley an opportunity to review the hardcover calculations with the City staff. Kelley questioned whether Mr. Copley's application could be reviewed at the September 18 Planning Commission meeting? There were no comments from the public regarding this matter and the public hearing was continued. It was moved by Chairman Kelley, seconded by Planning Commissioner Hanson, to table this application and continue the public hearing to the September 18, 198S :Manning Commission MINUSES OF THE PLREBING COMMISSION MEETING SEPTEMBER 6, 1989 ZONING PILE t1441-COPLRY CURTIMOED Meeting. Motion, Ayes-5, Nays=O, Motion passed. 41443 JOHN SROGLUND 1840 PDX STREET VARIANCE PUBLIC HEARING 7:05 P.M. TO 7:10 P.M. Mr. and Mrs. Skoglund were present for this matter, as was Mr. Jack Taylor, their Attorney. The Affidavit of Publication and Certificate of Mailing were duly noted. Building and Zoning Administrator Mabusth explained that the applicants were seeking a setback variance to the required setback for accessory structures placed in front of the front line of the existing residence. Mr. Taylor said that the house faces primarily west, even though the designated front lot line faces Fox Street. He said that he understood the City's Code does not allow a front lot line to be designated on a private drive, but that the Skoglund's residence was situated in that way. He said that the proposed pool would be located fairly close to where the previous pool was located when a house was first built on this property. The pool house is needed for the pool and will contain a changing room. Mr. Taylor said that there is no other place to locate the pool house. Mr. Taylor said that the pool house would be well screened by trees from Fox Street. Mr. Taylor said that there would be landscaping and trees planted around the pool on the west side. He said that pool house would be located approximately 100+ feet from Fox Street. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Planning Commissioner Hanson, seconded by Planning Commissioner Johnson, to recommend appro7al of the location of a pool and pool house in the front yard subject to staff's conditions a and b (see JAM memo 8/29/89). Planning Commissioner Cohen noted that the proposal showed the pool house to have two stories. Chairman Kelley said that was due to the slope of the land. Chairman Kelley said that he would like the plantings to be a requirement. Planning Commissioner Hanson amended his motion to reflect that, Planning Commissioner Johnson seconded. Mo:lon, Ayes-5, Nays-0, Motion passed. #1445 GREGORY PETERSON 13SS ARBOR STREET CONDITIONAL USE PERMIT/VARIANCE PUBLIC HEARING 7:10 P.M. TO 7:16 P.M. Mr. and Mrs. Peterson were present for this matter. The Affidavit of Publication and Certificate of Mailing were duly noted. MINUTES OF THE PLANNING COMMISSION MEETING SEPTEMBER 6, 1989 ZONING FILE i1445-GRBGORY PETERSON CONTINUED Building and Zoning Administrator Mabusth explained that the applicant's lived on a through lot and wished to install a pool. Mabusth noted that she had spoken with Mr. Peterson, just before this meeting and he advised her that he planned to put a 6' high fence around the pool. Mabusth said that she informed Mr. Peterson of the City's recent code amendment and that Mr. Peterson decided to construct the fence at a height less than 6'. Mr. Peterson's insurance company required the fence to be at least 5' high. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Planning Commissioner Johnson, seconded by Planning Commissioner Cohen, to recommend approval of an 11' side setback variance and conditional use permit and a 25' front yard setback variance. Planning Commissioner Hanson questioned what sight line impact a 5' fence surrounding the pool would have and whether the Planning Commission favored such an impart? Chairman Kelley replied that as long as the fence was under 6' the Planning Commission could not deny it. Planning Commissioner Johnson asked Mr. Peterson what kind of fence he intended to build? Mr. Peterson said that he would build a stockade fence. Kelley questioned whether the neighbor to the north had any objections to this proposal? Mabusth said that that neighbor had been notified, but had not indicated any objections. Motion, Ayes=4, Hanson, Nay, Motion passed. 11446 JACK YOST 1515 GREEN TREKS ROAD CONDITIONAL USE PERMIT/VARIANCE PUBLIC HEARING 7:27 P.M. TO 7:30 P.M. Mr. Yost was present for this matter, as was Mr. Don Hess, Mr. Yost's consultant. The Affidavit of Publication and Certificate of Mailing were duly noted. Building and Zoning Administrator Mabustn explained that Mr. Yost was proposing to construct new and replace existing retaining walls within the 75' setback area. Specific land alterations outside of the 75' setback area are also proposed. Mabusth said that the City Engineer had done a basic review of this application. Mabusth asked Mr. Hess if he had received a copy of staff's memo and the letter from the City Engineer? Mr. Hess replied that he had received the information and said that he had no problem with the City's recommendations. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Planning Commissioner Cohen, seconded by Chairman Kelley, to recommend approval of the hardcover variance MINUTES OF THE PLANNING COMMISSION MEETING SEPTEMBER 6, 1989 ZONING PILE 41446-YOST CONTINUED and conditional use permit, subject to the requirements set forth in tle City Engineer's report. Motion, Ayes-5, Nays-0, Motion passed. 41447 LAKWIEW GOLF COURSE 710 NORTH SHORE DRIVE WEST CONDITIONAL USE PERMIT PUBLIC SHARING 7:30 P.M. TO 7:32 P.M. M_. Grant Wenkstern, owner, was present for this ma`*er. The Affidavit of Publication and Certificate of Mailing were duly noted. Building and Zoning Administrator Mabusth recommended that Mr. Wenkstern bring in a comprehensive plan showing all of the improvements he intended to make rather than applying for each project individually. There rere no comments from the public regarding this matter and the public hearing was closed. It was moved by Planning Commissioner Johnson, seconded by Chairman Kelley, to recommend approval of the conditional use pe�nit for Lake Golf Course. Motion, Ayes-5, Naysa0, Motion passed. i1449 MICHAEL PIP -ICU 2224 SHADYWOOD ROAD VARIANCE PUBLIC REPJNG 7:33 P.M. (CONTINUED) Mr. Pirich was present for this application. The Affidavit of Publication and Certificate of Mailing were duly noted. Building and Zoning Administrator Mabusth informed the Planning Commission that Mr. Pirich wished to encloses a 12' wide deck area and convert it into a 3-season porch, or just place a roof over it. Mabusth said that in order to do either, an average lakeshore setback variance would be required. Mabusth noted that there is excessive hardcover on this property. She also informed the Planning Commission that the originPl variance approval specified that no side setback variances would be granted. Mabusth said that the staircase does encroach into the side setback area and would require a 10' variance. Mabusth asked Mr. Pirich if he intended to remove the staircase when he enclosed the deck? Mr. Pirich answered that if he removed the staircase, he would have no method of entering his house at the main level. Planning Commissioner Johnson said that there was a walk -out facing the lake, but the staircase was located in the front and was the main access. MINUTES OF THE PLANNING COMMISSION MEETING SEPTEMBER 6, 1989 ZONING PILE i1119-PIRICH CONTINUED Planning Commissioner Cohen questioned whether Mr. Pirich's house met the legal building standards? Mabusth replied that she would need to review the building plans in order to answer that question. Cohen suggested tabling the application until further review could be done. Planning Commissioner Johnson said that he had met with Mr. Pirich earlier and that Mr. Pirich has expressed reservations about bringing his application forward for Planning Commissi review. Johnson suggested to the applicant that he may not wis., to proceed as he was proposing because the deck w�„ld need to be replaced even if he chose to enclose it. Johnson said that there may be other alternatives to alleviate the rotting of the deck other than putting a roof over it. Mr. Pirich requested that the Planning Commission table his application. There were no comments from the public regarding this matter and the public hearing was continued. It was moved by Planning Commissioner Cohen, seconded by Planning Commissioner Hanson, to table this application. Motion, Ayes=5, Nays=0, Motion passed. ►1650 WARD EDWARDS 2476 CARMAN STREET RIDMSNAL VARIANCE PUBLIC HEARING 7:40 P.M. TO 7:41 P.M. The applicant was present for this public hearing. The Affidavit of Publication and Certificate of Mailing were duly noted. Building and Zoning Administrator Mabusth informed the Planning Commission that this was the third time this variance had been renewed and there were no changes from the previous applications. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Planning Commissioner Cohen, seconded by Planning Commissioner .Hanson, to recommend approval of the renewal variance to construct a new residence. Motion, Ayes-5, Nays=0, Motion passed. 11451 GEORGE 6 THERESA BLOOM 1376 REST POINT ROAD VARIANCE PUBLIC HEARING 7:50 P.M. TO 7:56 P.N. Mr. and Mrs. Bloom were present for this matter. The Affidavit of Publication and Certificate of Mailing were V MINUTES OF THE PLANNING COMMISSION MEETING SEPSBUM 6, 1989 ZONING PILE i1451-BLOOM CONITBUED duly noted. Building and Zoning Administrator Mabusth explained that the Blooms were seeking a street setback and side setback variance to construct a garage. Due to the location of a group of mature trees, the applicants are proposing to connect the garage to the house by way of a skyway. Mabusth said that the Building Inspector had reviewed the plans for the skyway and had requested that only minor changes be made to the plan. Mabusth said that the garage will add 720 s.f. of hardcover to the property and will create an exness it the 75-250' setback area. There is also excessive hardco' ar in the 0-75' setback area. Hardcover for the entire property :s at 38.7%. Mr. Bloom noted that he had revised his plan so that there would be no need for the side setback variance. Chairman Kelley questioned whether hardcover within the 75- 250' zone could be reduced? Mr. Bloom responded that he could remove 2 storage boxes that equal 47 s.f., and that there are walkway "rounds" totalling 58 s.f that could also be removed. In addition, Mr. Bloom said that he could remove a 10' strip of asphalt that would represent 360 s.f. of hardcover. Chairman Kelley said that he would be willing to recommend approval of the street setback variance, but would like hardcover to remain at the existing percentage. Mr. Larry Langhans, a neighbor to the north, said that he had no objections to the Bloom's proposal. Be said that the Blooms have never had a garage on their property and felt that they deserved to have one. There were no further comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Planning Commissioner Johnson, to recommend approval of the 2' street setback variance. The hardship being that the Blooms do not have a garage. Total hardcover shall not exceed what is currently existing. Motion, Ayes=S, Nays-0, Motion passed. APPROVAL OF PLANNING COMMISSION MINUTES OP AUGUST 21, 1989 It was moved by Planning Commissioner Hanson, seconded by Planning Commissioner Cohen, to approve the minutes of the August 21, 1989 Planning Commission Meeting. Notion, Ayes-5, Nays-0, Motion passed. PLANNING COMMISSION REPRESENTATIVE It was agreed that Planning Commissioner, Edward Cohen, would represent the Planning Commission at the September 25, 1.989 City Council Meeting. tU NINUTBS OF THE PLANMING COMMISSION l=TING SSPTEKBER 6, 1989 ADJODBNMBBT The September 6, 1989, Planning Commission Meeting adjourned at 9:15 P.M. 11 W Lake Minnetonka Cable Communications Commission 443 OAK STREET • EXCELSIOR, MINNESOTA 55331 • (612) 4745539 Cam? LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION EXECUTIVE COMMITTEE TUESDAY, SEPTEMBER 19, 1989 EXCELSIOR STUDIO A G E N D A I. Call to Order II. Approval of Minutes III. Reports: a) Officers b) Administrator c) Triax IV. 1988 LMCCC Financial Review W.F. Denny (guests) V. Unfinished Business VI. New Business VII. Adjournment MINUTES LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION EXCELSIOR CITY COUNCIL CHAMBERS AUGUST 15, 1939 - 5:00 P.M. FULL COMMISSION MEETING I. CALL TO ORDER Chairman Anderson called the Auy 15, 1989 meeting to order at 5:01 p.m. ROLL CALL Andy Weinzierl - St. Bonifacius Shirley Logelin - St. Bonifacius Bobbi Abdo - Minnetonka. Beach Tim Adams - Orono Barb Peterson - Orono Jim Olds - Excelsior Lesley Huahes-Seamans - Tonka Bay Otto Wilczek - Minnetrista David Stahr - Excelsior Jim Swartwood - Long Lake Tom Anderson - Hamel Jimmie Wright - Greenwood Jerry Schmieg - Victoria Barb Brancel - Shorewood OTHERS PRESENT Jen:iifer Watts - Admin. Ric Hanson - Triax She: Quaas - Recorder II. APPROVAL OF MINUTE-4 MOTION 8.15.89.1; Hughes -Seamans moved, seconded by Brancel, to �1 approve the minutes of July IS, 1989 as written. Motion carried unanimously. III. REPORTS A. OFFICERS - TREASURER MOTION 0.15,89.2_ Olds moved, sec d_d by Brancel, to approve the Just Claims as written on appendix A. Motion carried unanimously. 2nd QUARTER REPORT: Olds presented the 2nd Quarter report to the full Commission. Swartwood asked why there was such a large amount in the unallocated funds. Olds explained that the unallocated funds are used for operating expenses during the first quarter in 1990 until franchise fees are received for the current year. MOTION 8.15,e9.2: Brancel moved, seconded by Swartwood, to accept the 2nd quarter report. Motion carried unanimously. B. ADMINISTRATOR Access: Administrator Watts reported to the Commission that a total of six new pr,:g.-ams had been produced in July. Watts was teaching a video production workshop to 5th and 6th graders who are part of the Explorers program. A four -week workshop on studio production would be offered through the Minnetonka Community Services Program in October. In addition, one-on-one video production training was provided to all interested residents on an on -going basis. LMCCC - PAGE 2 AUGUST 15, 1989 B. ADMINISTRATOR - CONTINUFJ Watts stated that staff has been working with the new computer software programs in the office; one of the first projects wou.d be a new tape inventory system. A second project on the computer would be a newsletter. Watts recommended that a public hearing be held at the November Full Commission meeting to conduct the five year evaluation of the system as required by the franchise. Hanson agreed to have the requested information on the technical evaluation to the Commission by October. Watts and Chairman Anderson will be attending the NATOA Conference in Scottsdale, Arizona the second weekend in September. Watts had sent requests to eight communities asking for a copy of their personnel policies. To -date only one had been returned. Watts hoped to have a rough draft of a policy for the September Executive committee meeting. Watts also stated that due to the number of complaints received up to that time, the executive committee had directed her to contact the legal counsel for the Commission as to how the recent Triax move to Waseca complied with the franchise reeuirement for a local office and phone number. Counsel suggested the Commission send a request to Triax to respond in waiting how they are complying with that section of the franchise. Counsel also suggested the Commission implement a complaint form that would better substantiate when complaints - were received by the Commission and what and when action was tal:ea to correct them by Triax. Watts said a letter had been sent to Triax regarding compliance, and a sample complaint form was before the Commission for approval. MOTION 8.15.89.4: Brancel moved, seconded by Swartwood, to implement the three-part complaint form. Motion carried unanimously. C. TRIAX Ric Hanson of Triax reviewed his monthly report: Homes Passed 11,770 Basic Subscribers 5408 (Net Gain 173) Basic Percentage 45.951 Total Pay Units 3968 (Net Gain 137) Total Pay Percentage 73.37% Hanson stated in regard to the letter from Administrator Watts regarding compliance, the Mound office is open from 8:00 am to 5:00 pm and the local phon-. number now rings automatically to the Regional office. A subscriber can now call the "411" information line and receive the "800" number. Hanson states that "Welcome to Triax Cablevision" informational flyers were being prepared and would be available at local libraries, city halls and other public offices. LMCCC MINUTES - PAGE 7 AUGUST 15, 1989 i •, •:�•• � FpIKK�MV Olds presented tho 1990 proposed budget. tie reviewed the various line items and noted the largest increase was in access employees. Thii was to expand the duties and hours of the access staff. MOTION 8.15.89.-51 Swartwood moved, seconded by Wright, to approve the 1990 proposed budget. Motion carried unanimously. Jim Swartwood, Lesley Hughes -Seamans, Jim Olds, Tim Adams, Tom Anderson and Administrator Watts were appointed to the Long-range Planning Committee. VI. UNFINISHED BUSINESS Awards Competition: Administrator Watts stated that the NATOA competition had a deadline in June and the Slate awards would not be held this year. The Minnesota Community TV Awards are honoring outstanding programming in the state this year. The deadline for entries is September 2, 1989. Watts would like to enter programs for the competition. The competition fee per entry is $10.00 plus a return mailer. MOTION 8,15,89.6; Olds moved, seconded by Stahr, to authorize up to $50.00 to be used for the Minnesota Community TV Awards i-•� for competition of programs. Motion carried unanimously. _J VII. NEW BUSINESS Administrator Watts explained to the Commission that a letter was received from the committee for the Minnesota Community Television Awards asking for financial support. MOTION 8,15,89.7; Olds moved, seconded by Wright, to contribute $50.00 to the Minnesota Community Television Awards. Motion carried unanimously. VIII. ADJOURNMENT MOTION 8.15.89.8: Stahr moved, seconded by Brancel, to adjourn the August 15, 1989 meeting at 6:07 p.m. Motion carried unanimously. Respectfully Submitted, Shelly Quaas Recorder I WG 2ND STREET Si P O BOx 110 WASECA. MN W90 5071805 597S FAX NUMBER 50]18)54%7 TR,aX CABLEVISION September 1, 1989 Lake Minnetonka Cable Commission Ms. Jennifer Watts - Administrator 443 Oak Street Excelsior, MN. 55331 Dear Cable Commission Members: On November 1, 1989, Triax Cablevision will be making a change in programming. The change will be dropping Cable Value Network and replacing this channel with Home Shopping Network. This will be the same programming basically, as it is a merchandise network. Any questions or concerns regarding this change, I would be more than happy to talk to you about this. ,TS11S<erree5111�i r is Hanson Regional Manager RH:pmp R MINUTES OF THE MEETING OF THE SCHOOL BOARD '. OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 5(_P HELD ON AUGUST 14, 1989 The regular meeting of the School Board of Orono Independent S�N66 Strict No. 278 was held on Monday, August 14, 1989. Present: Dave McKown John Maresh Thomas Mich Kitty Crosby Lucie Taylor William Fenholt James Franklin Absent: Don Anderson Dr. Mich reminded the Board that the picnic for summer workers will be held on Wednesday, August 23 at 11:30 a.m. at Schumann Elementary School. Dr. Mich reported that summer projects are nearing completion; that the opening of school workshop will be August 28 with Don Boylan as the faculty speaker and the Board is welcome to attend; that a mentor program will be started this year for new teachers; that there was a fire at the Orono Primary School on the roof and repair work will be done by the roofing company; that congratulations are in order for Pat Headley as she is one of the top nine teachers for the Minnesota Teacher of the Year; that he wanted to draw the Board's attention to two articles in the PIONEER - the one on the construction of the new building and one on parent networking; that he wanted to thank Toni Bergland for her work in producing the school calendar; that Connie Fladeland will be responsible for PER and work will begin on that report in the near future; that a groundbreaking/picture taking session will be held for the new addition but the dedication of the new building will be the actual celebration; that the District has obtained a Fax machine; that 60-70 students will be coming to Orono through open enrollment; that Ruth B. Walsh, wife of Edmund Walsh who is a former School Board member, passed away in August and flowers were sent to the family from the Board of Education; that sympathy is expressed to Delores Peterson and her family in the tragic death of her son. Chad; that sympathy is also expressed to Bob Neumanr in the death of his son-in-law; that Evy Zacher is the 1989-90 president of the Metropolitan Superintendent's Office Personnel Association. UPON MOTION by Kitty Crosby, seconded by Lucie Taylor, the consent agenda was approved as follows: - approved the minutes of the July 10, 1989 annual meeting; - accepted the resignation of J. Whitney Driscoll, middle school science teacher; - accepted the resignation of Donna Jorgenson, half-time high school spanish teacher; - approved the appointment of Denise A. Roth as an EBD teacher for the district; - approved the appointment of Paul A. Stensland as the middle school science teacher; - approved the appointment of Kathleen A. Hiniker as a part-time English teacher at the middle school; - approved the request of Lynda Meador, social worker, for continuation of her leave of absence pending employment of a suitable replacement; - approved the appointment of Joseph C. O'Brien as part-time custodian at the Orono Primary School; - approved the appointment of Karen J. Forsythe as a part-time kindergarten teacher for the district; - approved variance requests for the following students to attend Orono Schools for the 1989-90 school year: Blake Olson, grade 1; Melissa Jorgenson, grade 9; Greer Vogt, grade 10; Benjamin Tierney, kindergarten; Marc Hoffman, grade 11; Kristine Hoffman, grade P; Tiffiney Taylor, grade 8; Vanessa Smith, grade 9; - approved variance requests for the following students to continue their attendance in the Wayzata School Distri:t: Laura Dietz, grade 11; James Ederer, grade 10; Matthew Willes, grade 8; Jessica Humphrey, grade 2; - approved the Activity Fund Report for fourth quarter, 1989; - approved the Activity Fund Annual Report; - directed the Superintendent to approve teacher contracts from August 15, 1989 to September 11, 1989, in order to help assure a full component of qualified teachers for the 1989-90 school year; - accepted the low bid of Meyer Bros. Ooiry for furnishing milk for the 1989-90 school year; - approved the following new fall Comm•nity Education classes: Print Shop, Babysitting, Kinder Music/Piano classes, Wood Carving, Wills and Trusts - How to Avoid Probate, Asset Allocation - Investments Into the 19901s; - approved the following Early Childhood Family Education Program course offerings: Approved by the Board of Education - August 14, 1989 Early Childhood Family Education Classes Parent/Child Classes 1. Play and Learn (12 - 24 month cids): 3 sessions, Saturday am 2. Play and Learn (2 - 5 year olds): 6 sessions, Saturday am or Monday evening 3. Baby F-aytimes (birth - 12 meths): 5 single sessions, Saturday am, weekday am t pm Parent G, y Workshops 4. Mom's _ime-Out: 6 topics covered in single sessioi. on Wednesday am. Special Events 5. "Supet Saturday" Vehicle Fair: Sept. 9, 10 - 12 noon. OPS, entertainment - Bob Gasch, Storytelling 6. Guest Speaker: Or. Robert TenBensel, "Parenting Styles that Work" (date to be determined) 7. 'Hands :n' Holiday Art: parer. -/child activity session Field Tri 8. =lanes and Trains Trip (trolley ride at take Harriot, lunch in the Airport Gbservat_on Area) 9. 'Winnie the Pooh" at Child's F'-ay Theatre 10. Minnesota zoo Orono Early Childhood Family Education Fall Offerings - 1969-90 PARENT/CHILD CLASSES Infants (6-12 months) Tuesdays - 6 sessions Ones Thursdays - 10 sessions Twos Thursdays 6 Fridays - 10 sessions Threes Fridays s Mondays - 10 sessions Fours Mondays - 10 sessions Pre-K Mondays - 10 sessions "Dad and Me" Wednesdays - 4 sessions Play and Learn (2-5)Saturdays am and Mondays pm - 6 sessions Play and Learn (1-2)Saturdays am - 3 sessions Baby Playtimes (birth-12 months) am s pm/5 single sessions "Tuesday Morning Playtimes" -Room open to families/activities PARENT ONLY WORKSHOPS Mom's Time -Out Wednesdays (1st and 3rd) - 6 sessions SPECIAL EVENTS "Super Saturday" Vehicle Fair - Sept.9tn, 10-12 noon, OPS "Kids' Clot} -mod Etc. Sale"- Sept.16th, Schumann Elem. "Super Sat-:. .'loween Party - Oct. 28th, 10-11:30 am OPS Informal up, - •rise-. Visit the "ECFE Family Room" lam s pm) Speaker! Or aouert TenBensel,"Parenting Styles that Work" Making Music Together - Oct. 24th (pm) 6 Oct. 25th (am) Kids in the Kitchen - Nov. 7 (pm) "Hands on" Holiday Art - Nov. 28th Ipm) L Nov. 29th (am) Field Trips Planes and Trains Trip - Tues. 9/19(Airport and Lake Harriot) Winnie the Pooh - Thurs. 10/19 (Child's Play Theatre) Koala Kapers - Tuesday 11/14 (Minnesota tor) Parent/Child Activity Packets - Orientation Parent Lending Library Home visits Newsletters: August(3 pqs.) `-pt.(12 pgs.), and Dec 12-4 pgs.l approved the continued use of the Community Resource Pool for 1989-90, costs to be shared by the Orono Education Fund and Orono Community Education; approved the bills as covered by vouchers 063585 through 063631 and 062990 through 063152. Lucie Taylor reported that she had met with Orpha Erdahl, Pat Shoop and Kay Sause regarding Teacher Meet and Confer and that the meeting was quite productive with emphasis being placed on communication. Kitty Crosby stated that the grounds look beautiful and she wanted to express appreciation to those responsible. Mr. Bob Rego, architect for the new building, provided the Board with an over- view of the plans for the swimming pool/classroom addition and answered questions from the Board/community. Consultants that work with the architects were present and they provided information regarding the structural, mechanical and electrical systems of the new building. Mr. Rego provided the Board with a schedule that will be followed and proposed dates for completion of the project. The Community Education Compliance meeting was held with Toni Bergland, Community Education Director, presenting an overview of the 1988-89 Community Education program and Brian Bergstrom reporting on the summer recreation program. Mrs. Bergland introduced the Advisory Council members that were pre- sent and thanked them for their input/support. UPON MOTION by Lucie Taylor, seconded by Jim Franklin, the School Board approved contracts for the following special personnel: Community Education Director for 1989-90; Assistant Community Education Director for 1989-90; Early Childhood d Family Education Coordinator for 1989-91; Food Service Director for 1989-91; and District Accountant for 1989-91. Dr. Mich officially welcomed Connie Fladeland, principal of the Orono Primary School, and Steven Greenfield, principal of the Orono Nigh School, to the Orono School District. Ms. Fladeland and Dr. Greenfield each addressed the Board regarding their first weeks in the District and extended invitations to the Board members to visit them in their buildings. Bill Fenholt brought to the Board's attention the information in their packets regarding the health insurance rate increases and informed them that, through the negotiations process with the teachers, the district is trying to control some of these costs. Karen Orcutt shared with the Board a brochure entitled "West Suburban Early Intervention" which is the new central intake system for parents of children birth through three years of age who have handicapping conditions. Ms. Orcutt stated that the District is working with the County in meeting these needs and the program is running very well. UPON MOTION Jim Franklin, seconded by Lucie Taylor, the meeting was adjourned. Katherile F. Lro5by, Clerk Approved: ave Mcb cKown, Chairman "2tt��ttYtt CWC "^ BOX 151 . WAYZ A7 A, MINNE507A 55791 . 477-8846 � 0 Cd`AENY C%u6 September 14, 1989 Orono Police Department 445 Willow Drive Long Lake, MN 55356 Attn: Chief of Police Dear Sir, The Wayzata Country Club Golf Shop would like to extend our thanks to Officer Kurt Erickson for his efforts in recovering the stolen golf clubs. Sincerely, J )Ci7u.ti )?' a Homer Martinson / Head Golf Pro ••• ierfr/1r111 d /[1n1nII� < :rL PQEGfMrXARY FIAT Fcle Tl /f 'LANOSCNUTf GROUP, INC. _2222 PLATWOOD J2Q MINN£TONICA, MN 55343 f` W 464 ea. I em OUNTy .64 `*.bl. SOW PA \' 0 I .. ` atd(lR'Nly °C r�. � 'Nfmrne�oiLoh2 --PrimorySrplrt[ocoFfdnlL•-E;,�r_of[utn � ./,rM'L7lfOb/y "'f"'�LAb{eOly s 8• �1 S Ilne ofto l2 LOt I --• N line of Cd) 13 ,f co e >I — f Gne of "e e%tl Coi �9 X Cl ✓\F ,�T�l��/^i I . [ffle rolle,jwll Gre fldf+l3 I � s-Hc 00 Ce I JW I I •]. J i t qs i 3 OC PREPARM BV SCHOELL & MADSON, INC. ENGINEERS • SURVEYORS PCANN67Z5 M1NNET-ONkA OESCaIPT1011 All of Lot 12, auditor's S,boWslon Prus•er 201, hanmDin County• ssl nnesON. EXCEPT that Wn descrlted n folleNs: Beg inn lnq rt ttt souNee+t cgrhar one— lhence I4ft along 1. foutf. 111 or aid Lot 12 a dlsLnce of J10 feet; Chance aortn ind ca nllel rttn tot nt line o1 slid Lot 12, to the rIgnt-of-hay 11" of tha Mlnne+oO AfS+ern Ral hoar; inence Suul neast<rly along the Aartaerly Ilse of tale Lot 12 to lha Aorinnsi corhar thereof; thence South Be feel to Dlsc< of ttglnning. RI1 0l Lot 11. All,.,-, SYtallelslon Aussie, 203. IllCounty, sslmlesota, ESCEP7 that pert descrf pad as full—: kgrlplinq at the aarthai:t corner thareoe; tnenta Aast along cnr North Ili, of sale lot M. distant@ of 110 feet; inence South and Da rat let r1u tM test Ilne of silo tot 17 a distance of IIa,] feet; Nonce Ufl are Parallel mltn tee •trtn I lne or sate lot 19 a distance of 910 feet; thence Aortn I2a.2 Bret to Dlacr of ttgl nn rnn. all of Lol IE IM !ha 1411 121 I., of Lot 16 In auditor's Sumlrlsion Pruett, 201, hrnncptn COwly. Nlnhasota. a, GMIIAL 110TES: 1) o - Dermas Iron et • - Daha:es Iron Mnualnt found. ` . Area - 0enotet prier D01 <. a{ arNs lying Puttied ! designs taa /I oW alaln: Lot 1: 9l.2.0 squar< reef or 2.thc.es. !Y Lot 2: f0S�61. fquan ten o" 2... sves. S) Taw am of property • 259,1S4 aqua re feet or 5.8161 acref. • vaD - Denotes am/ boll nI , .- a perk R•vei to • w aefbia.: //;Its Let /tee en S•pf. 21, /VEy 9) Qev;wd SepFemb•r 14, 191" ♦..Iw+ haw tarn};on or propesad d.•.<wy 1 sawndmryy lepi;e e.4.. bl R vlMd S•pl mbar clS,t90/9 Yo ttsow c4to,sya in dr�vewo� and nri locoilon. J I 1 heresy certify chat tors surrey ., Prepo .near , supra l,loh ana Nat I am a licensed LAW Surveyor Oft, tha taus ar< of tha State of Nlehasotrl • n -• Data: it July 1981 Land Su,tstyor MN tic. Ito. 11006 24 SLry FM rt 'N rwti to H14LH e t 1—, I� - --- -- i N �.l r • l ��- S° I � r I c s- IL"�;.1'AG.tIV(s OF ��� 1 a a i Ft Tku ur+c�c .+w1._ r --�-- - w-7. ac _ sKY- w.Y ter- :,TN i rtc„T 10 U LI Bondeson's cannot guarantee against hu- man error. Contractor to verify all notes• dimensions and conditions: prior to stars of construction and be responsible for the same. Builder or home ownet' to notify Bonde- 112002 Warner Circle sons of any error -or omissions prior to r- _,- r�_ O,O 1.11 A. Henn ,lviw .ut 4 i l20 A.1;i Bondeson's cannot guarantee against hu- man error. Contractor to verify all notes• dimensions and conditions: prior to stars of construction and be responsible for the same. Builder or home ownet' to notify Bonde- 112002 Warner Circle sons of any error -or omissions prior to r- _,- r�_ O,O 1.11 A. Henn ,lviw .ut 4 i l20 A.1;i v4o NM 1 It' 14, x 10 P/-ll_,,"_f,_ w,L? rF- n m Io FIAL;, T Wit; 3 _,F �, 0 �1 2-1) I UTAL WSMMUN: Lot 8, Block I VWAS#Ar LAW Havapin Gounry, Wrmsota AREA 24,376.06 Sq. Ft. 0.5r)4* A� LU —A—. GAII f .n,, f— 0, C. &j Wa - LAM UMNIMRS. 114C. PREPARED FOR: A. 47V L8714 ft-wx)� I.- BRAD REDDICK 30' j-? W, ............ zy'o" i-f- — 24). I FOR Bob -AjMwjv a w eon w � Ewa �s wa 2 2YV r/6'"4c. .4Rco OF770n 4L NT o-� n(O16 fl W THIS ITEM HAS BEEN - . 4o5 oo- RfiCROFILMED _I42_ 101 O�9i eo' P sa . 7 C1 r T o N r 2 i I O to l 1 " 1 C 'Al u T e f' r 1 O 1 ����fis• 2Lo r '1 O f. ' C O Q 173 Cob — No'w' I1'w I MAII wF111 rM M � � nw � an�e[ �YMwrn M � Vww� s1 FM. Ne. rwr.rlLL.rrrwwrrLrlwararr.rw.�.Mrr�. ^n3o a ar. u..w..r...rsl..�w..we ..w. I «+.• « w mmLAND 1! 1 714 Nf a o.....n.�ar. v.000��•a ro of1 Lwa OwI�a1�q�Y.. BENCH MABK Dwr aMr r—P ,w.r N— No.. PREPARED FOR: yV f-/EEL E ,2, Go,vS T. I .. . -. ..... ! --"Sip' ,�!.r`1....r•-. :abyr+--;-r..^�._� �'�dbs7.N::w"HF-".�rim•Te.'sV :�.•e"'.%"!K•'� �t^h."".�. � rr �`1� �'^,!ruFt"" A'• .. - � ... s'• I � y � 6� O `� / �j/j �� ROAO r• `' fit. � � .. ? \ � ',�' �-� E _rr� / ��/ O��r Lro f ; .� ':F;i.'. ?�; J i31'�.y7•Ty,.•�,�,�,-.ma's' �.. ,"t;~ ,XaJ��? '�•' '� - .. - ,� _ ��� — • • NS2'Sf'S9 "E 231.32 Mas. • — — r` I IJ � iN t \ I 462 71 r 'f' v in 2I1 XJ 2 •.oho\� ti�� jit-� rn t. �O zw16.21 II I i ,. I i• srtu It C %. L2. Jr / N 3+1 _ Z06.70 Afros. N37143,42 E — i \Ex G,i'4 \\tNC i Ads A1/� •°lY A rtO acF �3 �x aFsxL. �01-49 9• -�v4-- 4T'A�: _.z = sc:wi tom;' �-,yz 9 :�s�s�rt'�.'.-�-- - -'- `- :'�i. - . - - !�"o�.. ♦ \_ �66 �� A tf• _ _. _ . ,.s=s.va. - _...w�s.a. _, REGULATIONS / - ORONO ORDINANCE PROHIBITS S/ EXCAVATION, FILLING, GRADING, II A� DREDGING, TrFF- REMOVAL OR � /\/ ,4 G EP CONSTRUCTION OF ANY KIND _ WITHIN 75 FT OF ANY SHORELINE —� - WITHIN 26 FT OF ANY WETLANDS PERMITS ARE REQUIRED FOR DOCKS, SEAWALLS, RIPRAP shoreline= _� _ - �' lc cCr, •'I ..t .ram- ' C: •1 Q s S� v lIN6 09 b tiG I i ! 1 I I I I 1 nl hl I i i 'S I ti'8F.'33.50 w 355 0,1 SITE COPY •,,., � R. w EOMBS-KNUTSON ASSOCIATI CITY OF ORONO RUILDING P MIT PLAN REVIEW INSPCCTOR O,TE w 7a ®d ►[RMR NO. L] APPROVED AS SUBMITTED APPROVED WITH CORRECTIONS AS NOTED [] NOT APPROVED — CORRECT & RESUOMIT Tly comm•nla ara fv your Information. An work shall be done 10 commlance NRt all appNroble buMlnR A :oNne coda re menu �nelu fin" Items Mt sp.ol}irally WTM in tbis renew. r✓rFP THIS PLAN SET ON SITE AT ALL TIMES. •hi• .a it and r.• cnrc• .' •( , �ur.r...r .r�! th. hnundnri.• .J. r t, n],,ct I. r,REEN TREE, ••.I •r.. Inry ins tf all huilaing5. nc�r^nn. +••1 11 .1 Oil ••nc r:roc`�I••nt :, if anv, fr7^ nr •• til Itnl. A.; ,,in 14th •fir hi' I••gal d•••.cript inn :,ill Lr• valid upon Ihv ' f I in,t :•f t+• • nI nt . GREEN TREES. - - '!inn. Rrg, tin. 3g3I ho PREPARED FOR S, Irlr. 145_ ROB ERT BURTON 55/� ;1 OWIo/n ,rbl TMt • «II /au„0 r • Mr101n JIr/K,IrI LMM•rf fI/ purfunl R / IOTfat faM NO.,�r1 I Q �OTAI OtIDlr Ltv.-I••Iwc•.Ls D p�lp rl�ahLTtlMI.ILI �LIYC cw :T) • D mT�l .le loss - • U /w 0) OLYOT L7 omoefatp v,YI�MFD I L>tr.LUD� eTWVrL ob 4'1fR{LT) '+TRLLT L e•J.DL r• r• owores DIRLCTIc, or fwtOnr e.D C �JLLAOL ! •ILL -L I KL4` YLT lYRIAGL ORAIY NGL t/) LOT t wW�om% 1R tL DYIY DLYDTL9 GOaXITY bLD Ou,lD y YTIItTT4 DILYLIA4.L 4arfLMNfT9 4LT' LIYL I •MALL OL PROVIDED AO r-•4wil.LD a'Y OLYGw MAI,.tf. - 1•t,M lLLT 4eV O• NIL9 0U LLIT~LIYL 04 LGT OY q ,! a<W -Lty -s• oTwca�- _ � IrtWrr,W ra... \ i !ii rrrial � owi4 up I� W N rat X 4r XXW«r ri rf�rrw• i'`. �NM `u .ra.1 11«yr�w. wla�ilw, N..Ilrulur. 1 i M«. IrW w�ur� Miry« �• „ryQ L. ���/ O` � Ma`w NIW r«rlt� I�it'�� rW«I IIt. M N Oa trar i•N INIWr I. IA Mr. ♦ 1« �I,«.qa frw Ire � I«�.= 1 // s'NI.f «�� � rr r A rNtat%r_Nrtt�N w Nam w^I� �alVrlrirarraw+r�11.X r� i«aini^� tr^r I N D.D /` / / ,YNr✓t «t rw a • rX.Xur .I.Ir. ta�awl t• a .IMa. rly . ti r . ,N. rirrl«a r: rtrl .r N Iarrr r Nr« ,f a.ry, rt X � arr.�. 4 N� r rsla Wtl� �'«�y«�rr•Ir rt. rN.Y ,wl rr t Iltrr it t, N.4 W Il Ialrr 1, wrY r I Ilr N t.a... IWI / / awt.a.n rr-:� Il Nw lt~rOa Wt llrN MlatrN trI tw, r. Nt. IIIr N r111nr N r,tl«. 1 I uM N fK ,i, r .ir. I tt sy w M Ml�iy ra uw rri M aim W. •�. 1. ftNY II frflNl r 11. Irall4 I11. �r lf" .« rwrrt�rw arr/. low ift u ei•i.!''i�u�iaie.�a�� mm tia m •wpt rxxo wFrr,.�a wax y � a rw�►o t.r Apr Mii�l ' pp 9 - - - - - - - - - - - _ - iF:CCc�t-�c ; uwr�a�a • pp- hr \' \ faFNi itltlV.r'W M4Ri�•. l6ici0�wa. �y �Y�. t�ru(Ntua.�aM •v+•Fbs+.welr�,y hr 44 �I � � FIF1wrya�1R}t�MNa`tr«uY�Slaw. w, \ 1�• \ � IMrr�•W Mw �w 1 I � -+S �-: ���i.Yft.'VJ . • \ ffLZ R.TpCQL1 .tt ^; .� •`��; �,, : � to � a l , Ak uSG#tlb�i R Tj - � •ems f l INoQy 24 lw,t— I ki 15 11 ;21 1 PROPOSED HOUN., cr, ho INS_\ A 1 s 7- ,LAKE 'IMMeroMKA -Er m GoRoot L A NO Sul LOW LA __-__-__-_--- � °wl(A s� I -AK - f MlNNe rONKA Certificate of Survey for Robert and Jan Emfield. of Lot 5, Block 1, THE NURSERY Hennepin County, Minnesota "Draincye and AV - II easemenh ••.� I 110 10 hawe r L, +p.5" s 1 i I hereby certify that this is a true and correct represent,tion of a survey of the boundaries of Lot 5, Block 1, THE NURSERY, and of the location of an Px+sting house and existing garage 'hereon, and of the Iocation of the edge of an existing blacktop driveway. It does not purport to show any other i,,-prnvPments or encroachments. COFFIN 8 GRONBERG, INC. Mark S. Gronberg MN. Lic. No. 12755 Engineers, Land Surveyors, Pldnners Long Lake, Minnesota Scale: 1 inch = 40 feet Date August 22, 1989 o Iron marker Bearings shown are those used on the record plat of THE NURSERY