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01-13-1986 - Agenda Packet City Council - city council
MINUTES OF THE REGULAR ORONO COUNCIL, MEETING HELD JANUARY 13, 1986 ATTEW DANCE 7:00 PM c awsEn r AGENDA* Th.? Orono Council met on the above date with the following members present: Acting Mayor Adams, Councilmembers Grabek, Frahm, and Hammerel. Mayor Butler was absent. The following represented the City staff: City Administrator Bernhardson, Public works Coordinator Gerhardson, Assistant Zoning Administrator Gaffron, Chief Kilbo, and City Recorder Peterson. City Attorney Tom Barrett was also present. City Administrator Bernhardson requested that Item #17 (Zoning Application #992 - City of Orono) be removed from the Consent Agenda. Tt was moved by C Frahm, seconded by C Hammerel, to approve the Consent Agenda* as amended. Motion, Ayes 4, Nays 0. APPROVAL OF MINUTES* It was moved by Councilmember Frahm, seconded by Counci 1 member Hammerel, to apprc e the Minutes of the regular Council meeting on Decem.. er 9, 1985. Motion, Ayes 4, Nays 0. OATH OF OFFICE It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the Minutes of the special Council meeting on December 23, 1985. Motion, Ayes 4, Nays 0. City Administrator Bernhardson administered the Oath of Office to n,.�,-'y appointed Police Officers Brian Patrick Clark and :a- Leroy Cornick Jr. PARK COMM1SSTON CONKENTS There were no comments from the Park Commission. LAKE MINNETONKA CONSERVATION DISTRICT REPORT: LAKE. MINNETONKA USE AND ACCESS - JON ELAM City Administrator Bernhardson introduced Jon Elam, currently Director Administration with the Metropolitan Council. Mr. Elam was representing the Lake Minnetonka Conservation District regarding commit.tment of parking slots in relationship to the 1983 Task Force. City Administrator Bernhardson noted per his memo that the Metro Council currently has a task force studying the issue and additionally the DNR has purchased au access at Kings Point and are looking at others in the area. 1 MINUTES OF THE REGULAR ORONO COUNCIL MW?TING HELD JANUARY 13, 1986 LAKE. MINNETONKA USE AND ACCESS continued Jon Elam noted that a few years ago the a task force report indicated that there should be one parking spot per every 20 acres of Lakeshore, which totals to approximately 700 parking spots which were divided into five zones. He noted that Orono falls within Zone ] of of which 139 parking spots were identified as a desirable goal. Mr. Elam stated that it is his opinion that there are currently many more than 700 parking spots on the lake. He encouraged the Council to try and identify the current number of parking spots in Orono. fie reported that the DNR has money committed to purchasing access areas which he stated should instead be spent on upgrading existing accesses and providing off -street parking. Councilmember Frahm stated that even if they identified the 119 parking spots he felt that would not be efficient, that the issue is more accesses on the lake, and unt.i 1 they have a f irm committment that if the 139 spot were identified there would be no need for an additional access, he personally would not. vote for Orono to spend any more money on this issue. Kent Carlson, 3498 North Shore Drive, was present and stated he has concerns of the costs involved from the residents for more parking spots, and the liability if someone is injured while trespassing on his property to get to the lake. He noted that limitations should be made to regulate a safe use of the lake. Counr_ilmember Frahm stated that the DNR has not even addressed the safety issue on the lake. Scott Prochnow, 1444 North Shore Drive, was present and stated that there currently is a big problem with litter from users of the lake both in winter and summer and he is also concerned about intos..ir_ated boaters. Dan Regan, 3410 North Shore Drive, was present and noted some of the trends of parking and use of lake which have steadily increased in the past few years. Harold Brouelette, 3470 North Shore Drive, was present and stated that he felt a fee s, .-)uld be charged to use the lake just as a fee is charged for admission to State Parks. N MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 13, 1986 LAKE MINNETONKA USE AND ACCESS continued It was moved by Acting Mayor Adams, seconded by Councilmember Hammerel, to approve staff's recommendation directing staff to explore the feasability of off -site parking and report back on January 27th on that alternative. Motion, Ayes 3, Nays 1. Councilmember Frahm voted nay stating that no money should be spent unti 1 a committment is made by DNR as previously stated. RESIDENTIAL BOAT DOCK ALLOWANCE - JOELLEN HURR LMCD Representative JoEllen Hurr requested input from the Council on their concerns regarding the proposed ordinance relating to limitations on boats. Councilmember Grabek stated that he felt imposing a fee created a penalty to taxpaying lakeshore property owners. In addition, he felt that by requiring property owners to prove ownership for more than four boats and pay a fee would not solve the problem of renting dock slips. Council agreed with Councilmember Grabek's opinion and directed LMCD representative Hurr tj work to have the ordinance amended to eliminate the requirement of registering boats with the LMCD and utilizing current state and federal registrations. The limitation of boats owned by the property owners would be enforced only by complaint. PLANNING COMMISSION COMMENTS Planning Commission member J. Diann Goetten was present and had no comments at this time. PUBLIC COMMENTS There were no comments from the public at this time. ZONING ADMINISTRATOR'S REPORT: l852 WILLIAM GREGORY* 1410 SHORELINE DRIVE CONDITIONAL. USE PERMIT It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to table this matter per applicant's request until August when the City may have more appropriate information for dealing with this issue based on development to date of the Comprehensive Storm Water Management Plan. Mct.ion, Ayes 4, Nays 0. MINUTES OF THE. REGULAR ORONO COUNCIL MEETING HELD JANUARY 13, 1986 #945 R.J. BAUMAN 1040 TONKAWA ROAD CONDITIONAL USE PERMIT RESOLUTION #1901 City Administrator Bernhardson explained the request for a conditional use permit for. grubbing/replanting & landscape work in lakeshore bank. #987 R.J. BAUMAId 1040 TONKAWA ROAD VARIANCE RESOLUTIOA Mr. & Mrs. Robert J. Bauman were present for this matter. Mr. Bauman stated he reviewed staff's memo arc] had no problem with it. Councilmember Frahm stated that he felt the drafted resolution should incorporate City Engineer Cook's comments as listed in staff's memo. It was moved by Councilmember Frahm, seconded by Co,incilmember Hammerel, to adopt Resolution #1901 incorporating City Engineer Cook's comments. Motion, Ayes 4, Nays 0. Mr. & Mrs. Robert J. Bauman were present for this matter. City Administrator Bernhardson explained the request for average lakeshore setbacks and hardcover variances to construct an enclosed swimming pool. He noted that the applicant is willing to trade-off existing hardcover in the 75-250' to remain at 39.4% hardcover which is still in excess of the allowed hardcover. Assistant Zoning Administrator Gaffron noted that at the Planning Commission meeting, Loth adjacent neighbors, (Noe lt.ing, 1060 Tonkaw;. and Casch, 1030 Tonkawa ) expressed concern of encroachment, however Planning Commission felt that any encroachment would be minimal. Planning Commission member Goetten stated that although she was the minority on the Planning Commission, she felt there was no hardship involved and that there would be a view encroachment problem. Acting Mayor Adams stated that he thought there would be a sight problem from the property to the north. Councilmember Hammerel felt that the sight problem would be very minimal. 4 MINUTES OF THE REGULAR ORONO COUNC i I, MEF.TI NG 11FJ,D .JANUARY 13, 1986 #987 R.J. BAUMAN continued Counci lmember Frahm stated tha•: he felt unc.umfortable because of the neighbors objections. He also had problems with approving the hardcover, variance even though there was a trade-off involved. Mr. Bauman noted that the • would be no more hardcover than exists now after the `- -ade-of f is made. Fie stated that he felt that the propused plan does not encroach upon the neighbors views and he explained his interpretation of the average setback as it related to the shoreline. Assistant Zoning Administrator Gaffron agreed that there were several ways to interpret the average setback line in this case. Mr. Bauman stated that regarding the hardship question, it would depend on whether one considered not being able to have a swimming pool was a hardship. He noted that because of the property layout, there was no other site for the pool. City Administrator Bernhardson recommended tabling this matter for two weeks to 1) review the interpretation of the code regarding average setbacks, 2) contact neighbors regarding their position, and 3) explore alternative sites with applicant. It was roved by Councilmember Hammerel, seconded by Councilmember Grabek, to table this matter until the Januarf 27th Council meeting per City Administrator Bernherdson's recommendation. Motion, Ayes 4, trays 0. #979 DONALD C. WILD14AN 260 WAAF..FIELD ROAD AFTER -THE -FACT VARIANCE RESOLUTION #1902 City Administrator Bernhardson explained the request for in after -the -fact 3' side setback variance for a tennis court which was constructed without a building permit by the previous owner, Donald C. Wildman. lie noted that the tennis court was constructed over the secondary septic system site, which if the primary site failed there would be no secondary site. A new site on the property has now been located. Donald C. Wildman was not present for this matter. It was moved by Councilmember Hammerel, seconded by Act.inq Mayor Adams, to adopt Resolution #1902 approving the after -the -fact side setback variance. Motion, Ayes 4, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY .13, 1986 #980 RICHARD M. REAVENY 1982 JOHN C. LAMBIN 3423 SHORELINE DRIVE 3405 SHORELINE DRIVE A) PRELIMINARY SUBDIVISION CONDITIONAL USE PERMIT AND B) REQUEST FOR BUILDING PERMIT COMMERCIAL SITE PLAN PRIOR TO FINAL PLAT APFROVAL City Administrator noted that City Attorney Slatz, per her memo, has advised that a building permit can not be issued prior to final subdivision of which applicant's have been informed. Richard M. Keaveny, John C. Larnibin, and Joe Gorecki were present for this matter. City Administrator Bernhardson explained the proposed plan regarding the dedication of right-of-way on County Rd. 15 a:-,d discussion with the County Highway Department regarding access and right-of-way. He noted that there would need to he a variance i.r. number of required parking stalls of approximately 15 stalls. City Administrator Bernhardson stated that Mr. Keaveny was concerned about who would pay for the cost cf relocation of signs and lights due to the dedication of right-of-way, which staff does not have an answer on as yet. City AdministratorBernhardson's stated that another issue is Keaveny's plan to increase his selling floor area which would create an additional demand for 6 parking stalls which staff recommends addressing at that time. Counci l exp: essed concerns or, the parking limitations being that some of the parking stalls were in the rear lcwer lot which is not as accessible. Mr. Keaveny stated that the proposed plat included rebuilding access stairs with adequate signage rrom the rear parking lot. City Administrator Bernhardson stated that staff does not feel that there will be a problem with parking. John Lambin stated that based cn ownership of other fast food restauzant.s, he estimates that 60% of the business would be drive-thru and felt that the parking would be adequate. fie also noted that the solution to elimination of exhaust fumes is regular cleaning maintenance to the exhaust r1stem. It was moved by Councilmember Grabek, seconded by Aging Mayon Adams, to approve the preliminary subdivision per staff's and Planning Commission's recommendations and conceptual approval of the commercial site plan. Motion, Ayes 4, Nays 0. 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 13, 1986 #983 WALTER H. PEr'BERTON 3580 NORTH SHORE DRIVE VARIANCE RESOLUTION #1903 City Administrator Bernhardson explained the request to remove an existing cabin and replace with a new home and tuck -under g&rage, which requires a lot area and lot width variance in addition to hardcover, side setback, and average setback variances. Assistant Zoning Administrator Gaffron explained the proposed plan and Planning Commission's recommendations. Ile noted that the hardcover variance in the C-75' would be a :naxi.mum of 20% with 23' encroachment of structure within the 75' setback. Councilmember Hammere1 felt that anything on this property would be an improvement. Walter and Marilyn Pemberton were present for this matter. Mr. Pemberton noted that the adjacent neighbors, Pegers, were in support of the propo5td Flans. It was moved by Councilmember Grabek, seconded by Acting Mayor Adams, to adopt Resolution #1903 granting variances as Eubmitted. Motion, Ayes 3, Nays 1. Councilmember Frahm voted nay stating there was too much hardcover. #968 JAMES E. MERTES 3237 CASCO CIRCLE VARIANCE RBSOLUTION #1904 Applicants James and Ruthmary Mertes were present for ,..his matter. Also present were Douglas Smith, current owner of the p:oper.ty and 1-is attorney, Jeff Brauchle. City Administrator Bernhardson explained the request for a renewal of lot area and width variance. He noted that this item was tabled at :he December 9th Council meeting pending a survey showing the location of the adjacent house to the south and the revision of the proposed resolution stipulating a 20' setback between the proposed house and the house to the south. Attorney Jeff Brauchle stated that he found no ordinance which requires a 20' set -back between the housos and felt the applicants should not be burdened because the adjacent house is only 6' from the lot line. He noted that this is an important issue because it aeffects the si ze of house that can be bui lt. Ile noted that. he MINUTES OF THE REGULAR ORONO COUNCIh MEETING HELD JANUARY 13, 1986 8 JAMES E. MERTES continued didn't feel it was legal or fair. City Attorney Barrett. stated that it was their opinion that Council has the authority to impose this condition per Section 10.08 Subdivision 3 because the applicant is seeking a variance. Assistant Zoning Administrator Gaffron noted another request. for consideration by applicant tc remove a dead willow tree by the lakeshore in addition to removal of the other three willows because they are messy trees, and replace with some other trees. Warren and Christine Bi.elke, 3241 Casco Circle, we� present and stated that they strongly oppose tr building of a house on this substandard lot as do the i.. neighbors. They also expressed concern r: garding the plans for the existing garage on the prop--r`y. Council. advised the Bielke's that they g::.jnt lot area and lot width variances to lots that are similar in size with the neighboring lots. Mr.. Mertes stated that they plan to leave the garage as is but re -side to match proposed house. Councilmember Frahm stated that he would like to see the house plans not just a building envelope. Mr. Mertes stated that they did not want to invest the expense involved in designing a house until the lot area and lot width variances were granted. He assured the Counci 1 that it would conf crm with their code and be a nice house for the area. It was moved by Councilmember Hammerel, seconded by Acting Mayor Adams, to adopt Resolution #1904 approving the variances, amending the drafted resolution to eliminate condition #1 requiring 20' house to house setback; approve the removal of the one dead willow tree; and that the survey would become an exhibit to the resolution. Motion, Ayes 4, Nays 0. #989 HENNEPIN C01N'r" QP"TMENT OF TRANSPORTATION* HENDRICKSON PUBLIC .-CESS ,CONDITIONAL USE PERMIT '.RSOLUTION #1905 It was moved by Councilmember Fral:m, seconded by Councilmember Hammerel, to adopt Resolution #1905 approving a conditional use permit for installatior 3f a seawall at. the Hendrickson Public Access. Motion, Ayes 4, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIh MEETING HELD JANUARY 13, 1986 #992 CITY OF ORONO COUNTY ROAD 15 AT SPATES AVENUE CONDITIONAL, USI? PERMIT RESOLUTION #1906 On behalf of George Rovegno, the property owner abutting the access to the south, City Administrator Bernhardson indicated to the Council that Mr. Rovegno considers the access a public nuisance in that he continues to have problems with trespassing and litter and other debris being deposited on his property. City Administrator Bernhardson indicated that staff would review the situation to see what. cot:ld be done to address the concerns but staff recommended the upgrade to improve the access safety. It was moved Councilmember approving the of the Spates 0. #995 .-TOE DURDA/JOAN ANTHONY 3115-3135 NORTH SHORE DRIVE CONDITIONAL USE PERMIT RESOLUTION #1907 by Councilmember Frahm, seconded by Hammerel, t) adopt Resolution #1906 conditional use permit for the alteration Avenue Lake Access. Motion, Ayes 4, Nays City Administrator Bernhardson explained the request for a joint conditional use permit to repair a seawall and permit the removal of some trees within the 0-75'. He noted that they are currently dredging .in the lagoon and have obtained tie necessary permits required. Representing t ,e applicants' was Clifford Reep and stated that app icants' are aware of staff's .recommended conditions. It was moved by Acting Mayor Adams, seconded by Councilmember F�.ahm, to adopt Resolution $1907 approving the conditional use pe.mit as presented. Motion, Ayes 4, Nays 0. #996 JAMES MCNAUGHTON 1800 SHADYWOOD ROAD VARIANCE RESOLUTION #1908 City Administrator Bernhardson explainer: the request for a variance to allow 36.4% hardcover in the 75--.50' zone (rather than the 259 allowed) to pave �,.iveway and backup apron. He noted that when the house was built a year ago the plan proposed construction of "grass paver" or a "strip" driveway in order to meet the hardcover requirements. He ktat.ed that applicant now claims that the proposed type of driveway would not be M MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 13, 1986 #996 JAMES MCNAUGHTON continued suitable undcr a fu' 1-year usage and in this climate. James McNaughton was present for this matter and stated that the original proposal was not designed for permanent daily use. He also noted the need for a turn around for safe access onto Shadywood Road. Assistant Zoning Administrator 'Saffron further explained the new proposed plan, noting that applicant had demonstrated he could install j paved driveway which would increase hardcover to just under 35%. Councilmember .Frahm stated that he felt stronqly about not granting additional variances, especially regarding hardcover, to new pro sects like this one which were previously granted a variance to be allowed to be built. It was moved by C:unci.lm.ember Hammerel, seconded t,y Councilmember Grabek to adopt Resolution #1908 approving the variance P' loreing a maximum of 35% hardcover. Motion, Ayes " Jays 1. Councilmember Frahm voted nay based on his p.,evious comments. #997 EUGENE ROSENTHAL* 640 TONKAWA ROAD PRELIMINARY SUBDIVISION It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the preliminary subditiision as proposed. Motion, Ayes 4 Nays 0. #998 MAUREEN S. BELLOWS* 265 BROWN ROAD SOUTH PRELIMINARY SUBDIVIS-ON Charles a-d Maureen Bellows were present for this matter. It was moved by Counci lmemLer Fra' m, seconded by Councilmember Hammerel, to approve the preliminary subdivision as proposed. Motion, Ayes 4, Nays 0. #1000 WILLIAM WEAR 2160 WAYZATA BOUIVVARD VARIANCE RESOLUTION C1ty Admiri.strator Bernhardscn explained the request for a variance to add additional signage for shopping center use. William wear was present for this matter. He stated that he is requesting to put a 21' sign by the East driveway for a tenant which proposes a time and temperature sign which lists the tenants name also. 10 MINUTES OF THE REGULAR ORONO COUNCIL. MEETING HELD JANUARY 13, 1986 11 000 W I I.1. I AM WEAR continued Acting Mayor Adams stated that he felt there was too much signage already and that the current signage plan in that area is disorganzied and feels adversel• about adding another sign. Mr. Wear stated that the previous signage plan was obviously not adequate and that thc. tenants are entitled to bpi able to identify themselves. He noted that the problem is that there are two sides to the building. Councilmember Grabek stated that the drawing of the proposed sign was not adequate to base approval on. Acting Mayor Adams stated that he felt the existing sign sh:,uld be redesigned to meet the applicants needs. It was -tioved by Councilmember Grabek, seconded by Counrilmember Frahm, to table this request for further detail and study. Motion, Ayes 4, Nays 0. #1001 CHARLES GARRITY 2701 KELLY AVENUE VARIANCE RESOLUTION 11909 City Admir,i.strato. Bernhardson explained the request to bus ' d a new home on an establ i ::':ed residenti& l lot. The variant -es inc.:.ude: a) 38% lot area b) 25'side setback variance for the garage c) 8% hardcover variance ire the 250-1.00' 2.one which staff feels that because in t.he75- 250' zone there is only 18% hardcover, it would be an adequate tr:.de-o f. The total hardcover world bc- less -han the alloweu. ci.,rles and Arlene Garrity were present for this matte ano stated they ha•re no problem with Planning Com.:Jssion`s recommendati�.:ns. Assistant Zoning Administrator Gaffron stated that the neighbors have no objection to the proposed plan. It was moved by Ac..ing Mayor Adams, seconded by Councilmember Hammerel, to adopt Rr,olution #1.909 as drafted per Planning Commission- -ec mmendations. Motion, Ayes 4, Nays 0. #1002 CARPENTERS CON T./MRS. P.C. LYMAN 825 OLD CRYSTAL. BAY ROAD SOUTH CONDITIONAL. USE PERMIT RESOLUTION i1910 City Administrator Bernhardson explained the request to construct an addition to an existing quest houses for 11 MINUTES OF Th 3EC)ULAR ORONO COUNCIL MEETING HELD JANUARY 13, 1986 #1002 CARPENTERS CONST./MRS. P.C. LYMAN continued which there is no conditional use permiton file. He noted that there are no variances associated with the proposed addition, and the guest house meets all City requirements to be issued a Conditional Use Pc ;r. It was moved by Counc member Frahm, seconded by Councilmember Grabek t-) 4 opt Resolution #1910 granting a conditional use 91it for the guest house. Motion, ves 4, Nays 0. CITY ENGINERR'S REPORT: City Engineer Glenn Cook was not present.. CHANGE ORDER #'1 MALLOW DRIVE* It was moved by Councilmember Frahm, seconded by Councilmember Iiammerel, to approve Change Order #1 from Wm. Mueller F, Sons, Inc. for Willow Drive and Crystal Bay Road Overlay which allows an extension of time for project completion from October 5, 1985 to June 15, 1986. Motion, Pyes 4, Nays 0. !OR' S ESTIMATE # 3 * N. a uXXR i SONS, INC. It was moved by ,uncilmember Frahm, seconded by Councilmember Ham.to approve Payment #3 to wm. M;:eller & Sons, .nc. in the amount of $2,722.85 for 1a;llow Drive and Old Crystal Bay Road Overlay. Motion, Ayes 4, Nays 0. MAYOR'S REPORT: 1986 APPOTN114ENTS* RESOLUTION #1911 CAHLE TV REPORT It was moved by Counc:iImember Frahm, seconded by Councilmember ltammerel, that the Council adopt Resolution #1911 establishing appointments for 1986. Motion, ayes 4, Nays 0. There wa no Cable TV report at this time. CITY ADMINISTRATOR'S REPORT: ORDI NAW'M AMY.NDMRNTS! ::usmary 198E Fee Schedule It. was moved by Councilmember Frahm, seconded by Councilmember Hammerel, that the Council adopt for publication purposes the attached 1986 Summary Fee Schedule Or,,inance. Motion, Ayes 4, Nays 0. Parade and S}x •d' Events Ordinance - It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, this issue be tabled until the JAnuary 27, 1986 meeting. Motion, Ayes 4, Nays 0. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 13, 1986 COMPREHENSIVE STORM WATER MANAGEMENT PLAN City Administrator Bernhardson reveiwed his memo iegardiny the Comprehensive Storm Water Management Plan. It was moved by Acting Mayor Adams, seconded by Councilmember Fammerel, that Council direst staff to develop a request for proposal and obtain a quotaticr or quotations as deemed appropriate for contracting such work. Motion, Ayes 4, Nays 0. MARINA LICENSING AND LAND USE It was moved by Acting .tayor Adams, seconded by Councilmember Frahm, that the Council direct staff to prepare the appropriate zoning ordinance to regulate war.inas urder a conditi,,nal use permit and that ordinance be placed on the February 19th Planning Commission agenda for heir consideration. Motion, Ayes 4, Nays 0. LIQUOR STORE OPERATIONS City Administrator Bernhardson reviewed his memo regarding Liquor Store Operations with the Council. It was moved by Councilmember Grabek, seconded by Acting Mayor Adams, City Council adopt the quarterly business target and business strategy plan with the provisions set forth Ly staff for review when targets are not met. Motion, Ayes 4, Nays 0. RSGY.VELOPMENT* It. was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to accept City Administrator Hernhardson's memo regarding Community Development and Redevelopment as submitted. Motion, Ayes 4, Nays 0. PURCHASES* 1/2 Ton Pickup/Plow and One Ton 4 Wheel. Drive/Dump Body i Plow - It was move(3 by Councilmember Frahm, seconded by Counci lmembcr Hammerel, that the Council aprorove purchase of a 1/2 ton 4 wheel drive pickup and a one ton 4 wheel drive with dump body and plow for. Street department. which is within the amount budgeted for such vehicles in the 1986 Budget. Motion, Ayes 4, Nays 0. 1/2 Ton Pickup and Aluminum Topper - It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, that the Council approve purchase of a 1986 four wheel drive 1/2 ton pickup with topper for Building 6 zoning department which is within the amount budgeted for such a vehicle in the 1986 Budget. Motion, Ayes 4, Nays 0. MINUTeS OF THE REGUI.AR ORONO COUNCIL MEETING HKLD JANUARY 13, 1986 PURCHASES* continued 2 Way Radios - It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve purchase of four two- way radios for a total of $3,290.00 as within the approved 1986 budget for Street department. Motion, Ayes 4, Nays 0. NON -SUFFICIENT FUND CHECK WRITE OFF* RESOLUTION #1912 It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to adopt Resolution #1912 declaring certain N.S.F. checks and charges uncollectable and removing them from the City accounts effective December 31, '985. Motion, Ayes 4, Nays 0. ANNUAL TRANSFERS AND INTERFUND LOAN PAYMENTS* It. was moved by Councilmember Frahm, seconded by Councilmember Hammerel, that the interfund operating transfers and loan payments be approved as proposed, effective December 3.1, 1985. Motion, Ayes 4, Nayc. 0. BUDGETARY INFORMATION* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, that the Council accept the information provided by staff. Motion, Ayes 4, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to accept City Administrator Bernhardson's Information report regarding: Crystal Bay Appeals, Community Development Block Grant Program, Continental Telephone, A.R.I., tong Lake/Medina Library, County Road 15, and Gregq Griffiths. Notion, Ayes 4, Nays 0. CITY ATTORNEY'S REPORT: City Administrator. Bernhardson requested that Council enter into Executive Session at this time. LICENSES* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the following License: Charitable Gamblinq License - Navarre Lanes (Site) 3425 Shoreline Drive Pull -Tabs.- Northwest Tonka Lions (Applicant) Motion, Ayfs 4, 11.0. Box 201 Mound, MN 55364 Nays 0. 4 MiNUTEG OF THE RBGT9LAR ORONO COUNCIL MEETING HELD JANUARY 13, 1986 BILLS It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve payment of the All Funds Accounts and Liquor Store Accounts. Motion, Ayes 4, Nays 0. ADJOURNMENT 10:31 PM It was moved by Councilmember Grabek, seconded by Councilmember Frahm, to adjourn the regular Council meeting at 1C:31 PM. Motion, Ayes 4, Nays 0. ATT ST : J Do othy M. 1-1 in, City Clerk Tim A ms, Acting Mayor 15 AGENDA FOR COUNCIL MEETING 5E'P FOR MONDAY, JANUARY 13, 1986, 7:00 P.M. (*) Asterisk items are con3idered to be routine items one motion by the City Council under the Consent Discussion will be held upon request. ROLL CALL 1. CONSENT A TENDA* APPROVAL OF MINUTES * 2. Regular Meeting * +. Special Meeting of :`--:.ember 8, 1985 of �je.ember 23, 1995 to be enacted upon b Item* on the agenda OATH OF OFFICE It. Brian Clark, Police Officer 5. James C ornick, Jr., Police Officer PARK COMMISSION COMMENTS LAKE MINNETONKA CONSER`✓ATION DISTRICT REPORT 6. Lake klinr.,-tonka Use and Access - Jon Elam 7. Residential hock Boat Allowance - JoEllen Hurr PLANNING COMMISSION COMMENTS - J. Diann Goetten Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT * 8. #852 William Gregory, 1419 Shoreline Drive - Conditional Use Permit 9. #945 R. J Bauman, 1040 Tonkawa Road - Conditional Use Permit Resolution 10. #987 R. J. Bauman, 1040 Tonkawa Road - Variance - Resolution 11. #979 Donald C. Wildman, 280 Wakefield Road - After the Fact Variance Resolution 12. #990 Richard M. Keaveny, 3423 Shoreline Drive A) Preliminary Subdivision B) Request for Building Permit Prior to Final Plat ,Approval 13. #942 John C. Lamhin, 3405 Shoreline Drive - Conditional Use Permit and Commercial Site Plan Review `.4. #983 Walter H. Pemberton, 3580 North Shore Drive - Variance - Resoluti 1S. #989 .lames E. Mertes, 3237 Cisco Circle - Variance - Resolution *16. #989 Hennepin County Department of Transportation - Ilendrickson Publi Access - Conditional Use Permit - Resolution *17. #992 City of Orono - County Road 15 at Spate:, Avenue - Conditional Use Permit - Resolution 14. 0995 Joe Durda/Joan Anthony 3115-3135 North Shore Drive - Conditional Use Permit - Resolution 19. #996 James McNaughton, 1800 Shadywood Road - Variance - Resolution *20. #997 Eugene Rosenthal, 643 Tonkawa Road - Preliminary Subdivision *21. #998 Maureen S. Beliows, 265 Brown Road South - Preliminary Subdivision 22. 41000 William Wear, 2161 Wayzata Boulevard - Variance - Resolution ?3. #1001 Charles Garrity, 2701 Kelly Avenue - Variance - Resolution 24. # 1002 Carpenters Const/Mrs. F. C. Lyman, 825 Old Cryst it Bay Roar? South - Conditional Use Permit - Resolution CITf ENGINEER'S REPORT *25. Change Order #1 Willow Drive *26. Contractor's Estimate #3 ►+illiam Mueller & Son AGENDA FOR COUNCPL MFIETING :;LT I•OR MONDAY, JANUARY 13, 1986, 7:00 Y.M. MAYOR'S REPORT *27. 1986 Appointments - Resolution CABLE TV REPORT CITY ADMINISTRATOR'S REPORT *28. Ordinances Amendments - Summary 1986 Fee Schedule (Passed 12/23/85 Meeting) - Spelial Events 29. Comprehensive Storm Water Management Plan 31. Marinas 31. Liquor Store Operations *32. Redevelopment *33: Purchases - 1/2 Ton Pickup/Plow and One Ton 4 Wheel Drive/Dump Body b Plow - 1/2 Ton Pickup and Aluminum Topper -- 2 Way Radios *34. Non -Sufficient Fund Check Write Off - Resolution *35. Annual Transfers and T.nterfund Loan Payments *36. Budgetary Information *37. Administrator's Information Crystal Bay Sewer Appeals ?QBG Program Contel A.R.I. Long Lake/Medina Library County Road 15 Gregg Griffiths CITY ATTORNEY'S REPORT LICENSES (18 * ) BILLS (19*) A DJ OU RNM ENT MINUTES OF THE REGULAR ORONO COUNCII. MEETING HFLD DECEMBER 9, 1985 ATTENDANCE 7:01 PM The Orono Council met on the above date with the ��(i t+ following members present: Mayor Butler, Councilmember.-, i.rU�y��„ Mik�llli� Frahm, Adams, Hammerel, and Grabek. The following represented the Ci4y staff: City Administrator Bernhardson, Public Works Coordinator Gerhardson, Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and City Recorder ITY OF OPORV Peterson. City Attorney Blatz and City Engineer Cook were also present. CONSENT AGENDA* It was moved by Councilmembei Frahm, seconded by Counciln,Jraber Hammerel, to approve the Consent Agenda* subject t-) the following changes: Addition of. Item Vs 26, 27, 28, 29, 30 6 31 to Consent Agenda Removal of Item Cs 32 and 33 from consent Agenda upon request by Mayor Butler. Motion, Ayes 5, Nays 0. APPROVAL OF MINUTES* It was moved by Councilmember Frahm, seconded by Councilmember liammere 1 , to approve the Minutes of the November 25, 1985 Council meeting as submitted. Motion, Ayes 5, Nays 0. LAKE MINNETONKA CONSERVATION DISTRICT REPORT: LMCD ORDINANCE - NUMBER OF BOATS AT RESIDENTIAL LOTS City Administrator Beritha.dson reviewed the first reading of LMCD's ordinanc -elati.ng to the number of beats per dock and their peri!d.t regulations. Councilmember Grabek stated that he felt the property owner should be allowed the current maximum of four boats as long as they are registered to the property owner. He stated that the LMCD would not actively enforce tr.is ordinance, only upon complaint. He stated that it would impose a burden upon the lakeshore property owners and that the lakeshore taxpayers should not have to pay another fee. In addition, he felt that issuance of the permit should be based upon proof cf ownership registrations, not based upon a decision made solely by the Executive Director. Counci i.«ember Frahm stated that he agreed with the intent of the ordinance, but felt that it would be difficult to enforce. Mayor Butler stated that a property owner should not have to justify to they LMCD why they own mare than one boat per 50 feet of lake.:hore. MINUTES OF THE RECULAR ORONO COUNCIL MEETING HELD DECEMBER 9, 1985 LMCD ORDINANCE continued It was moved by Councilmember Crabek, seconded by Mayor Butler, to direct Orono's LMCD representative to vote against this ordinance and transmit the Council's concerns relating to the fee being required and decision being mace by the Executive Director. Motion, Ages 5, Nays, 0. Councilmember Grabs�k stated that he wished to speak out, for the record, reqarding the hMCD Executive Director in order fcr things to be changed. PLANNING COMMISSION COMMENTS Planning Commission member Paul Taylor was present and had no comments at this time. PUBLIC COMMENTS There were no comments from the public at this time. ZONING ADMINISTRATOR'S REPORT: #852 WILLIAM GREGORY* 1410 SHORELINE DRIVE Upon applicant's request, it was roved by Councilmember Frahm, seconded by Counci.lmr-mber Hammerel, to table this matter until the ,January 13, 1986 Council meeting. Motion, Ayes 5, Nays 0. #973 STEVEN RUCE/SCOTT LUSF* 4625-4665 NEST BRANCH ROAD I.OT LINE REARRANGEMENT -- FINAL APPROVAL RESOLUTION 11891 Steven Ruce was present for this mat.to . It was moved by Councilmember Frahm, securded by Councilmember Hammerel, to adopt Resolution 01991 approving a metres and bounds subdivision of a lot line rearrangement for Steven J. Ruce and Scott R. I,use. Motion, Ayes 5, Nays 0. #929 LYLE E. RAHN 1146 WILDHURST TRAIL CONDITIONAL USH PERMIT RESOLUTION 11892 City Administrator Bernhardson explained the request for a conditional use permit and variance for continued use of the existing quest house. Lyle Rahn was present for this matter end stated he had read staff's proposed resolution and basically found no problem with it.. He noted that the quest house does not obstruct views and *hat no neighbors object to the continued use of the guest hc-us-. Mayor But '. er stated that she f e I t removal of the structure would be more detrimental than leaving it as is. 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 9, 1985 #929 LYLE E. RAHN continued Councilmember Frahm stated that he felt this application should be treated as a new conditional use application not referencing the previous records. It was moved by Councilmember Hammerel, seconded by Mayor ilutler, to adopt. Resolution #1892 approving the Conditional Use Permit and Variance for continued use of a quest house as recommended by staff. Motion, Ayes 5, Nays 0. #980 RICHARD M. KRAVENY #982 JOHN C. LA14BIN 3423 SHORELINE DRIVE 3405 SHORELINE DRIVE PRELIMINARY SUBDIVISION CONDITIONAL USE PERMIT AND REQUEST FOR BUILDING PERMIT COMMERCIAL SITE PLAN REVIEW Ul on staff request, it was moved by Mayor Butler, seconded by Councilmember Adams, to table these matters urtil the January 13, 1986 Council meeting. Motion, Ayes 5, Nays 0. #986 GEORGE ROVBGNO* 2010 SHORELINE DRIVE VARIANCE/CONDITIONAL USE PERMIT RESOLUTION #1893 OF DENIAL It. was moved by Ccur--ilmember Frahm, seconded by Councilmember Hammere , to approve Resolution #1893 denying Mr. Rovegno's request for a variance and conditional use permit for construction of a fence. Motion, Ayes 5, Nays 0. #988 JAMES E. MERTFS 3237 CASCO CIRCLE: RENEWAh VARIANCE, RESOLUTION City Administrator Bernhardson explained the request for renewal. of a lot area and lot width variances previously qr.-anted in February 1984. Councilmember Frahm stated that applicant should be put on notice that no further setback variances would be granted to thi:; property. Rosemary and Jim M(•rtes were present for this matter. Mr. Mertes stated that they have not yet designed a home fer the lot but are considerinq a 2-story 35 footwide home. Mayor Butler stated that in additic•n to maintaining the required 10' side setbacks, she felt 20' between the adjacent. house acid new residence should also be maintained. Mr. Mertes stated that by maintaining 20' between the adjacent house ar 3 proposed home would require him to build a home less than 35' wide as planned MINUTES OF TELL REGULAR ORONO COUNCIL MEETING HELD DECEMBER 9, 1985 #988 JAMES E. MERTES continued Council stated that they would like the survey to include the location of the house to the south. It. was moved by Councilmember Hammerel, seconded by Counci,nlember Adams, to table this matter until thc• January 13, 1986 meeting in order to amend tho resolution incorporating the 20' setback between homes and pending a survey with location of adjacent house to the south. Motion, Ayes 5, Nays 0. #994 FRANK KOKESH 4100 WATERTOWN ROAD CONDITIONAL USE PERMIT RESOLUTION 11894 City Administrator Bernhardson explained the —st for a conditional use permit for a public riding Representing the applicant's was their attorney, Liu oberhauser. He noted that. the applicant `:as never rented horses to the public and has had a maximum : f 5 full-time employees. He stated that applicant felt that review of the condtional u3e permit annually was unnecessary. Zoning Administrator Mabusth stated that the Planning Commission recommended annual review in orJer for the city to keep tabs on the operation. It was moved by Councilmenber Frahm, peconded by Mayor Butler, to a,lopt Resolution 11834 approving the conditional use permit and variance for a public riding stable subject to the following conditions: 1. The total number of full and part time employees hired by the applicant's to assist in the commercial horse operation shall not exceed the level cf 5 employees except for events covered by a Special Events permit. 2. Horses maintained on property shall not exceed the number allowed per Section 10.27 Subd. 4(A). Motion, Ayes 5, Nays 0. CITY ENC:INEER'S REIN)RT: CONTRACTOR'S EST.11rLATE 15 A.R.I. CONTRACT : NG I16C . It was moved by Mayor 3ut ler, seconded by Counci Isweber Frahm, to approve the Request for Payment #s from A.R.I. Contracting Inc. in the amount of $3h,887.a9 for Cry3tal Ray Sanitary Sewer improvements. Motion, byes Nays 0. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 9, 1985 CONTRACTOR'S ESTIMATE #2 MM. WELLER i SONS INC. It was move(' by Mayor Butler, seconded by Councilmember Hammerel., to approve the Request for Payment #2 from Wm. Mue 1 ler & Sons Inc. in the amount of $61 , 108.55 f or. Willow Drive and Crystal. Bay Road Overlay. Motion, Ayes 5, Nays 0. CHANGE ORDER #5 CRYSTAL BAY SSNER PROJECT City Administrator Bernhardson explained the need for Change Order M5 in order to allow the capability to provide emergency power to the lift station. He noted that this item should have been anticipated and provided for in the specifications, but waE riot. MAYOR'S REPORT GABLE TV REPORT: RATS INCREASE• Ciry Engineer Cook recommended approval of this change order. It was moved by Mayor Butler, seconded by Councilmember ?rahm, that the Council approve Change Order 05 for the Crystal Bay Sewer P►-oj act 85-1 in the amount of $3,622.50. Motion, Ayes 5, Nays 0. Mayor Butler had nothing to report at this time. It was moved by Councilmember Frahm, seconded by Councilmember Harrmerel, that the City Council of Orono accept the information as transmitted. Motion, Ayes 5, Nays 0. CABLE TV PUBLI,, ACCESS* It was moved by Councilmember Frahm, seconded by Counciimember. Hammerel, that the Council accept the information as transmitter; to Council without furthe► action. Motion, Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT: HIGHW(.)Ut.> Ac'CFSS RK SOLUTION 1 1 89'.i Fo: Lowing a brief Ccunci 1 discussion, it was moved by Councilmember Grabek, seconded by Mayor Butler, that the City Council adopt Resclution 11895 limiting the access of motorized vehicles on the Highwood access between Lots 23 and 24, Highwcod Lake Minnetonka. Motion, Ayes 5, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 9, 1985 SUBURBAN HENNEPIN COUNTY PARK DISTRICT PRESENTATION AND NOERENBERG PARR Representing the Suburban Hennepin Regional Park District. were Marty Jessen, Neil Weber, and Bob Wicklund. Mr. Jess_ n explained the background cf the Park District's tructure noting that Minneapolis is no longer a pz-t of the Park District. He reported the significant `hanges within the past year. Mr. Jessen ( esented a proposed site plan for Nuerenberg Park. At this poi , a short slide and sound presentation w&s made regarr _i� j tl, - makeup and budget of ti ! Park Reserve. 1535 BOHN'S POINT ROAD Hepresentii Mr. Ulrich was his project consultant, John Noble. 'mini: rat.or Bernhardson icviewed staff's memo ,g th height of bui. lding. He noted that based on is ct rent code, the building is in conformance baseo t.n the mean" height. Zoning Admin tratur Mabust.h noted that regarding the issue of grac q and filling, a landscape plan will be submitted. al. g with an application for an after -the - fact conditio 1 use permit to the Planning Commission at their Janu, y meeting. Councilmember lams stated that he felt a maximum height should be ad( essed in the ordinance rather than a "mean" height. Zoning Adminis Bator Mnbusth stated that she felt being more restrict 4e in height might tend to dictate the size and desig of homes. M.L. and Virg.nia Sweatt, 3225 Bohn's Point Lane, were present for this matter. Mrs. Sweatt stated that she felt the height. and massiveness of the structure does not conform with the spirit of Bohn's Point. She believes the City !should have maximum size restrictions. Councilmember Hammerel stated he felt projects this size should be presented before the Council for review before issuance of a building permit even though they conform with existinq wile. It was moved by Counci lmemter Grabek, seconded by Mayor Butler, to accept the information from staff regarding the Ulrich property and continue to maintain a vigilance of the property. Motion, Ayes 5, Nays A. 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 9, 1985 LI ,—t0CP STORE. OPERATIONS City Administrator Bernhardson reviewed with the Council staf f's memo regarding the liquor store operations and the strategic business pla► or 1986. It. was moves] by Mayor Butler, seconded by Councilmember Hammerel, that the Council take under advisement the information 5iven by staff and that the item be placed on the agenda for January 13, 1986 for discussion. Motion, Ayes 5, Nays 0. LAKE MINNETONKA USE AND ACCESS City Administrator Bernhardson reported on the direction taken by the Metro Council Task Force which is recommending that nc additional access points be established on Lake Minnetonka should the communities involved provide the necessary 700 secured parking spots. It was moved gay Mayor Butler, seconded by Councilmember Adams, that the staff be directed to express counci l's direction regarding Lake Minnetonka use and access at the appropriate meetinq between now --id . the January 13, 1986 meeting. Motion, Ayes 5, Nays 0. M�NNY.HAHA CREEK WATERSHED - LAKE MINNETONKA LAKE LEVEL POLICY It was moved by Mayor Butler, seconded by Councilmember Hammerel, that, staff transmit to the Minnehaha Creek Watershed District the Cournci11s concerns and recomm )dat.io,ns as it relates to their _xisting lake level .ontrol. policy in preparation for its renewal. Motion, Ayes 5, Nays 0. HEALTH INSURANCE City Administrator Bernhardson reviewed s•_.aff recommendations for non -union health insurance for 1986. CITY VEHIC'LK PO IACY It was moved by Councilmember Adams, seconded by r'ounci l member Grabak, to approve Recommendation A and table Recommendations B & C for further discussion. Motion, Ayes `.,Nays 0. It was moved by Councilmember Adams, seconded by Councilmember Iiammere 1 , to adopt the pc 1 icy statement regart_ ing use of City owned vehicles as presented. Motion, Ayes 5, Nays 0. PLANNING COMMISSION AND PARK C(N U SS I ON APPOINTMENTS FOR 1906 City Administrator Bernhardson reported that Planning Commission members Kelley, Taylor, and Sime's terms were up and Park Commission member Lester Kel ley's term is Llp. He noted the potential candidates listed in his menK7 . 7 MINUTES OF THE. REGULAR ORONO COUNCIL MEETING 0FLD DECEMBER 9, 1985. APPOINTMENTS FOR 1966 continued Mayor Butler stated that she felt uncomfortable with re- apr)ointing Plunning Commission member Si.me. She noted that she felt Mr. Sime uses his position as a Planning Commission membcF r as a launching pad for other outside endeavors. She stated that she would like an opportunity to interview other interested candidates. ALBERTA STROM RESOLUTION # 1896 It was moved by Councilmember Hammerel, seconded by Councilmember Adams, to table this matter until the January 27, 1986 Council meeting for the opportunity to interview other interested candidates. Motion, Ayes 5, Ways 0. It was moved by ►i-lay :tier, seconded by Councilmember Grabek, that the -no City Council extends its condolences to the far,ii ly of Alberta ?,trom on her death by adoption of Resolution 01896. Motion, Ayes 5, hays 0. MUNICIPAL STATE AID DESIGNATION* RESOLUTIONS #1897, #1898, #1899 It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, that Council adopt Resolutions #1897, #1898, and #1899 eEtablishing the appropriate Municipal State Aid road designation effective January 1, 1986. Motion, Ayes 5, Nays 0. Rr.VRNUR SHARING* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the transfer of $18,561.55 from the Revenue Sharing pund to the Improvement and Equipment Outlay Fund for reimbursement of 1985 budgeted expenditures. Motion, Ayes 5. Nays 0. COMMUNICATION EQUIPMENT* It was moved by Councilmember Frahm, reconded by Councilmember. Hammerel, that the Orono City Council approve the expenditure of $12,845, a $644 increase over the amount budgeted in 1986 for computer communications equipment. Motion, Ayes 5, Nays 0. RQUIPMSNT AND MATERIAL SPEC 1986* It. was moved by Councilmember Frahm, se ded by Councilmember Hammerel, that. Council appijve the specifications and documents for furnishing equipment and material for the year 1S86. Motion, Ayes r,, Nays 0. SQUAD CAR PURCHASE* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, that the City Council approve acceptance of the bid award of Hennepin County to Southda le Ford for purchase in 1986 for 3 squad cars. Motion, Ayes 5, Nays 0. [, MINUTES OF THE REGULAR ORONO COUNCIL. MEETING HELD DECEMBER 9, 1985 METRO WASTE CONTROL/* ORONO INTERCEPTOR PROJECT It. was moved by Councilmember Frahm, seconded by CountA l,nember Hammerel, that the City Council accept the information from staff relating to the MWCC/Orono Intcrc-eptor. Motion, Ayes 5, Nays 0. 198E CITY FEE SCHEDULE - ORDINANCE It was moved by Councilmember Adams, seconded by Councilmember Frahm, to table this matter until the December 23, 1985 special meeting. Motion, Ares 5, Nays U. 1986 SALARY ZSCHEDULE RESOLUTION #1.900 City Administrator Bernhardson requested that the six liquor store employees and salari.es be deleted from the salary schedule to be reviewed at a later date. It was moved by Mayor Butler, seconded by Councilmember Adam., to approve the 1986 Salary Schedule as amended. Motion, Ayes 5, Nays 0. SPECIAL COUNCIL MEETINGY It was moved by Councilmember Frahm, seconded by Ccuncilmember Hammerel, the City Council has beer, informed of the special meeting seat for December 23, 1985 at 5:00 PM,. Motion, Ayes 5, Nayes 0. POLICE OFFICER EMPLOYMSNT* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, that the Administrator be given the authority to employ the following individuals that meet all the City's criteria on the dates listed in memo: Brian Clark James Cornick, Jr. Mary M. Hensel Mark Thomton Motion, Ayes 5, Nays 0. SENATOR DAVID DURENBERGER'S STAFF VISIT* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, the City Council has been informed that Senator Dave Durenberger's staff will be available to the City and the public for discussion regarding matters handled on the federal level on Thursday, December 12, 1985 from 1:30 to 4:00 PM in the Council Chambers. Motion, Ayes 5, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to accept City Administrator Bernhardson's information report regarding: Crystal Bay Sewer, C.D.B.G Special Assessments Program, Hardcover, Administrator's Goal Setting, Golf Course, and Stubbs Day School. Motion, Ayes 5, Nays 0. i MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBF.R 9, 1985 CITY ATTORNEY'S REPORT City Attorney Blatc stated that she will be on vacation during the month of January and will be unable to attend the two council meetings, but, the City will be appropriately represented. LICENSE* It w-is moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the following license: Mr. & Mrs. Frank Kokesh - Nome Occupation License 4.100 Watertown Road Sell by Mail Order/Telephone - Tack, silk, etc. Motion, Ayes 5, Nays 0. BILLS* It was moved by Councilmember Frahm, seconded by Ccunci imember Hammere 1, to approve payment of the A1. 1 Funds Accounts and Liquor Store Accounts. Motion, Ayes 5, Nays 0. ADJOUR.NMEW It was Moved by Mayor Butler, seconded by Councilmember Grabek, to adjourn the regular Council meeting at. 10:21 PM. Motion, Ayeri 5, Nays 0. ATZ EST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor z MINUTES OF THE SPECIAL ORONO COUNCIL MEETING HELD DF,CE14BFR 23, 1985 t ANC � 5 : J 5 PM (, � :0 The Orono Counci l met on the above + ite with the followi.nq members present: Mayor Butler, 'ouncilmembers 13 1n16 Grabek, Frahm, and Hammerel. Counci member Adams arrives] at 5:17 PM. The following repres,nted the City staff: City Administrator Bernnardson and Public Works fTvof Coordinator Ger.hardson. CONSENT AGENDA* It was moved by Councilmember Frahm, seconded by Councilmem',er Hammerel, to approve the Consent Agenda* as submitt d. Motion, Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT: 1986 INSURANCE BIDS After a )rief presentation by City Administrator Bernhard! n together with questions from the Council, it was mox-d by Councilmember Grabek, seconded by council nember Frahm, that the City Council award insuran a bids to the firms listed in Schedule A as follows Lea _ie of Minn. Ins. Trust -Package Ins. $63,865 E.B.A. - Workers Comp. $36,864 Cro�they - Liquor Liability $8,750 Har..ford - Boiler Insurance $174 UF&C - Crime $822 Apple Valley - Agent. of Records Fee 'jai, 350 Motion, Ayes 4, Naves 0. 1986 APPOINTMENTS The Councilmembers reveiwed the list of proposed appointments. It was suggested that the following additions bt- made; Charles Kelley, Planning Commission Chairman Paul Taylor, Planninq Commission Vice -Chairman Mary Butler, Southwest Sanitary Sewtr District_ Gary Phl qer, Alternate Attorney Tim Adam:, Acting Mayor It was moved by Councilmember Grabek, seconded by Councilmember Frahm, that City Council direct staff to prepare the appropriate resolution for adoption at. the January 13, 1986 meeting setting forth appointments for 1986. Motion, Ayes 4, Nays 0. Councilmember Adams not votinq. CRYSTAL HAY SEWER PROJECT City Administrator Bernhardson requested this item be placed on the agenda for discussion. The followinq uutlininq cif an agreement to adjust contract ir. exchange for claims on the project. It was moved by Councilmember Frahm, seconded by Councilmember Adams, that the proposAl j9s presented he agreed to. Motion, Ayes -), Nays 0. miNu,rhS OF THF: SPECIAL GRONO COUNCIL MEETING HELD DECEMBER 23, 1985 I.MCD BOATS AT RESIDENTIAI. DOCKS* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, that Council accept City Administrator Bernhardson's memo regarding LMCD's proposed ordinance for number of boats at residential docks. Motion, Ayes 4, Nays 0. 1986 FEE SCHEDULE* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, that Ordinance No. 17, Second Series be adopted setting forth the fee schedule for 1986. Note that the updated dog license fee will not take effect until 1987. Motion, Ayes 4, Nays 0. CHLORINATOR PURCHASE* It was moved b- Councilmember Frahm, seconded by Councilmember Hammerel, that the City Council approve emergency purchase of a chlorinator for the Water Plant from Vessco Company in 1985, not to exceed $1,100.00. Motion, Ayes 4, Nays 0. REFUND PAYMENT OF CERTIFIED UTILITY PAYMENT* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, that the City Council approve refund of $30.00 from the Sewer Operating Fund to Helen Winkle, to avoid double payment of a certified utility bill.. Motion, Ayes 4, Nays 0. 1986 SCHEDULE FOR ATTENDANCE AT PLANNING COMMISSION MEETINGS* It was moved by Councilmember Frahm, seconded by Councilmember. Hammerel, to approve the schedule for Council Members' attendance at Planning Commission meetings for 1986 as submitted. Motion, Ayes 4, Nays 0. LICENSES* BILLS* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the following license: Home Occupation - Dennis Krump 25 North Stubbs Bay Road Motion, Ayes 4, Nays 0. It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, co approve payment of the All Funds Accounts and Liquor Store Accounts. Motion, Ayes 4, Nays 0. ADJOURNMENT 5:35 PM It was moved by Councilmember Hammerel, seconded by Councilmember Frahm, to adjourn the special Council meeting at 5:35 PM. Motion, Ayes 5, Nays 0. ATTEST: t)orc,thy M. Hallin, City Clerk Mary C. Butler, Mayor 2 1786.1 TO: Mayor and City Council 1,. FROM: Mark Bernhardson, City Administrato 41110 A011141. MEETING DATE: January 7, 1936 SUBJECT: Lake Minnetonka Use and Access j"k 19 1- } 'Y E NOW;) INTRODUCTION In an effort to forestall additional accesses in certain portions of the lake the Lake 1innetonka Task Force was developed in 1982 and delivered a report in 1983 regarding use of the lake detailing several recommendations on how to improve safe use and access on the lake. That document which placed Orono in 4 o- the 5 zones had a number of recommendations, but the principle focus was obtaining commitment of 700 of the 1172 spots available ,c or near existing public accesses. To date approximately 200 meet the reliable criteria that was outlined by the DNR (as now adopted by LMCD, who has taken offer the role as counz�er for letermining number of slots). Far the most part these recommendations have lay dormant until this summer. As you may rec311 the "proration" of the 700 slots indicated a total of 139 parking spots should be available in zone 1, the only zone for which Orono had indicated available parking in the Task Force report. Of these, 60 currently are on the existing iiendrickson/North Arm access site with the balance coming from off-street parking on North Shore, Shadywood, Fagerness Point etc. (See attached diagram) Earlier this summer residents on North Shore Drive east of Hendrickson bridge came in with a petition requesting that parking be banned entirely along there, due to public safety problems related to the parking. we worked through the sumrmr�r to see if we could ameliorate some of those concerns. earlier this summer LmCP became active in obtaining the commitment for the 703 slots by adopting criteria they felt appropriate for these spots together with making a concerted effort to get the communities to commit these total slots. (On heha 1 f of LMC,), Jon Elam will be making a presentation in order to encourage Orono's commitment of the needed balance from in zone 1.) Additionally due to DNR's desire to gain additional access particularly in zones 3 and 5, they purchased the King's Point site which caused concerns as it relates to land use in Minnetrista. The Governor's Executive Council directed the Metro Council to undertake a Task Force study as it relates to general use on thA lake. The Metro Council report is expected to be put out in the March -April time frame. The present direction towar,] which they are w,)rking, its rommitment of the 700 slots. If all the commit_mont is not currently made they are anticipat,�d to �r'e��rnm nd that money be used to obtain the 700 slots around the existing public access sites and that no additional public access sites on the lake be made. One of the questions however, is the ability or control that Metro Council's recommendations are going to have on DNR's ability to develop either the si,e they have currently purchased or other sites around the lake in which they r7an obtain a willing huy,�r. ISSUES The principle issues as they relate generally are as follows: 1. Numbers on the lake during peak periods generally 2. Numbers on the lake in specific areas 3. Unsafe boating practices 4. Burden of costs related to use 5. Ingress and egress to and from the lake pa ticularly for free access users At the time of the 183 Task Force the Orono Council was desirous to commit these slots. Because of related problems and the fact that commitment of these slots may not guarantee that there will not be additional usage on the lake, the Council to this point has been reluctant to commit the slots. ALTERNATIVES The following represent the major alternatives that the Council could take. While these are discrete alt=rnatives there may be s,)me combination possible. 1. No Commitment - This is the status quo alternative and runs the risk of Orono appearing uncooperative as it relates to pressure for additional public access on the :ake. However, the potential for public safety problems associated with on street parking together with the fact that there has not been a great demonstrated need, apart from 6 or 8 time during the year, for parking outside of. the Hendrickson bridge site together would be appropriate rationale for no commitment. 2. Promote Moderate Expansion On -Site - As you may be aware the ilenTlriTson access site has approximately 61 spots on it an,l there is the possibility that they could make a small expans i%)n to the west to add a few more spot:, although we do not have a definite number this would yield. 3. Commitment of_U to 79 On -:street Parkin Slots in Zone�1 �- Within 1500 feet there are approximatey'75 to 85 parking slats available that meet the 10X50 standard. As you will note by the streets on the diagram, this on - street parking can cause pedestrian/bicycle,'vehicular conflict; results in poor turn -around to get back to the site and has s,_.ie 1of the boat traffic going onto residential streets in the. c,)mmunity. Additionally it results in 2 trespassing on private docks and other public safety conflicts especially on 51 east of the bridge. rf the commitment were to be made, we woul-1 then undertake to determine what additional costs that would be associated with grading; possible expansion of 51 to reduce the pedestrian/bike/vehicular conflict; stripping; etc. 4. Develcopmert of Off-Site/Off -Street Parking - As noted in the attached liagram, ther? arp sites that are tax forfeit that the City owns within 1500 feet of the access. Staff. is currently exploring to see if it is technically feasible for development cf parking slots, not only as overflow parking for HendrickE.on site, but potentially for an alternative use, such as ,lark and ride. While this could be a problem and potential burden on 5 or 6 property owners, together - with some drainage and stormwater ponding concerns, it wou.Ld get the parking off the street. Obviously anything done in this regard mould require funding from outside sources and we are currently exploring those also. 5. Additional. Access for Small Boats - One of the a1ter riatives-was that if additional parking in the zone could not be found then an additional access for small boats be developed. At present we are unaware of any sites that this would be possible, 6. Staged Commitment - Since there does not appear to be an demd in total. for 700 spots at any one time, it may be appropriate tt.at with any of these alternatives that the City only commit a portion of those spots in a prorated manner to meet actual demand. It is noted in the 1984 Biocentrics report done by DNR that the maximum number of free puhl is access users was only 325, less than half the total 700 slots that are being requested for commitment. 7. Secure Spots With A Contingency -':his alternative would make any commitment contingent on things such as, but not limited to: No additional public access on the lake institution of fees for lake use No additional increase in lake activity RECOMMENDATION It. , recommended that the staff explore further alternative number 4 with additional information brought back at the January 27th meeting. Additionally it is proposed that a public hearing regarding the public access, be held on F-^bruary 10, 1986, and that the appropriate property owners be contacted for this public hearing. The notice should indicate generally which direction the City would like to go on it. It is felt that a recommendation of staff at this point should the alternative nunber 4 be feasible is follows: 3 - Cnc.ouragtt alternative num')er 2 for some of the parking - Develop number 4 only to the extent that there is avai lahle outside funding and that any development on the site minimize the impacts on abuttirg neighbors - That thLs development be contingent cn no additional accss on the lake together with institution of a user fee for all persons using the lake. - -.hat the development of sites be staged to accomodate. existing deman'. Shoul.j you have further que ions or comments, please fee._ free to contact ine. PROrGSEC MOTION - Moved by , seconded by , that staff be directed to explore the feasibil°ty of off -site parking and report tack on January 27th on that alternative. Additionally thar a puhlic hearing he set for February 10, 1986, regarding commitment of the parking slots around Hendrickson bridge. Ayes Nays /2 SEC. 8 , T. //7, R. 23 . ,11 L A KE �1 �wA�rN t„ MINNE T-ONKA to vv A / .0. soot, op 0 9,00 polo .' _. � � �' Ili `L. ., '• w,s•K.. �. wN ' ` , ,..=`•.N .. ".a'�.`r•'?_� YM'LtYf�'i �ti to ,rt' •1� � ,1 \.� � � • : `�C EMIR'/ f � 1! O;r� ,1J '�� � , ` M Y i i , 'wliryo " ' 4., . . �L ' �Gf�. , •' i 'i O Mt NNE TaNKA tip* M E T R O P O L I T A N C O U N C I L Suite 300 Metro Square Building, Saint Paul, Minnesota 55101 0*E: December 31, 1985 TO: Metropolitan Council Task Force on Lake Minnetonka jqN 2 i Lake Minnetonka Municipal Governments )� Lake Minnetonka Conservation District T v ff FROM: Arne Stefferud SUBJECT: Calculations Used for Determining 1,17, Car-Trailar ?ark ing Spaces in 1983 Lake Minnetonka Task Force Report Many of you have asked how the 1983 Lake Minnetonka Ta,," Force determined that there was a total of 1,172 car -trailer parking spaces within 1,500 feet of existing public access situ. In the fall of M2, DNR staff counted spaces at existing publi: access sites. They counted: - Car -trailer spaces on publicly owned i ., adjacent to launch ramps. - Spaces on publicly owned land within 1,500 feet of launch ramps that was used for car -trailer Parking. They also estimated available street parking of car -trailer spaces by measuring the length )f streets or county roa, within a 1,500 foot radius of existing public ramps that was available for parking hasea on the absence of posted regulations. The lineal feet measurements for each road/street wa, _ .,ed by 50 (the length of one car -trailer parking space) to determine the nurru>er of space it street parking. The calculation for street parking aid not factor out potentially unusable spaces due 'Ln narrow road width, lack goad shoulders, or presence o' driveways and private property that would negate the use of some portions of a streetor road for car -trailer parking. (See * on bottom of Table 2.) .ihe lot parking and street parking calculations were checked oy Frank Mixa (Lake Minnetonka Conservation District) and adJustments were incorporated into the final calculations. Table 1 is the estimate that was developed. I've added "che city location of each access, names of roads/streets that werE measured and the zrne location for each public boat access in the table to wha was originally published on Jan. 6, 1983. .able 2 illustrates the number of spaces counted in lots and the linear mea- surement,L f roads/streets ithin 1.,500 `eet of Existing pubic boat access sites. SA3808-PHOPNI 12.13.35 Table 1 ESTIMATE OF PARING SPACES AVAILAPtE ON WEEKENDS WITH N) HOURLY RESTRICTIONS (January 6, 1983) Total Street Parking* Roads./Streets Free Spaces in Oft Sit;, Lots On Site Spaces for Car and Trailer Measured for Car within 1,500 ft. for Car a^' Trailer Zone City _..:cess Name Public Lot with • 1,500 feet and Trailer Parking Public Lot Private -ot Location Mound Cooks Bay 37 car only 129 Co. Rd. 110 5 Minnetrisla Phelps Bay 30 Cit, streets 4 Spring Park Spring Park 12 car only Bay 19 car/trailer 64 Co. Rds. 15 60 122 4 and 125 Orono Hendricksun 60 car/trailer 109 Co. Rd. 51 (North Arm) Wayzata Wayzata 3 car/trailer 177 Co. Rd. 16 2 (Arlington) Wayzata Grays Bay 24 car/trailer 70 Hwy, 101 2 Causeway Minnetonka Grays Bay Dam 11 car only 116 City streets - ` 19 car/trailer Deephaven Carson Bay City streets 27 pay for non-residents 3 of Deephaven 80 free (60 Deephaven City Ha '*•; 20 Deephaven Elementar, School; handwritten notation) Minnetrista Williams 90 City streets TJLd]S 60 car only 785 27 pay 122 125 car/trailer crr/*railer 140 free GRAND TOTAL 1,172 _-a./trailer spat, a no parking fee was r.harged *Street parking calculated on a 50 foot per car- and trailer space basis. —In a 1, . to the Metropolitan Council, from Deephaven Mayor Charles Watson (dated Dec. 9. 1985;, the mayor i atc_ that spaces at the Deephaven City V meet the definition of reliable parking and should have been counted -n the Report of the Lake Minnetr..,;4 Task Force (June 1983) as "rel.,-ic." Bayed on the handwritten rotation from the Jan. 6, 1983 table, it appears that those spaces should he taunted as reliable. The .city intends to file the spaces with the LMCD under its parking standarCs. The 20 spaces at Deephaven Elementary Schoo' ,nave been made available or. an informal basis on weekends, when school was in -^ pion and during the _ek as well during summer vacation. The school district would have to decide whether it wants to commit Spaces to ,ar-Limier parking un[•Lr the LMCD standards. Note: See Tabl! 2 for calculations used to develop this table. Access City Site hmoe Mound Cooks Bay Minnetrista Phelps ;Say Spring Park Spring Park Bay Orono Hendrickson (North Ara) Wayzata Wayzata (Arlington) Wayzi.ta Grays Bay Causeway Minnetonka Grays Bay Dam Or Site free _ °.:b i is Lot Parking Spaces 37 caw only 10 cat railer (a) 4 car/trailer (a) 12 car only 19 car/trailer 60 car/trailer 3 car/trailer 24 car/trailer 11 car only 19 car/trailer Table 2 CAiCUTATIONS FOR ESTIMATE O. PARKING SPACES AYAILAELE ON WEEKENDS WITH NO HOURLY RESTRICTIONS kJanuary 6, 1983) _Street Farkinq in linear feet* Within 1.000 ft. Within 1.500 ft. Radius of Access Radius of Access 1,750 (b 4,950 (b) 375 (c; 1.750 (c) 62' (d) 2,625 (d) 100 (b) 7SO (b) 100 (a) Mwj (=) 1,000 (b) 1,400 (b) 1,200 (a) 1 700 (a) 375 (b) 3,600 (a) 6,000 (a) 625 (b) 750 (b) 175 (c) 175 (c) 1,250 (a) 3,500 (a) Parking Spaces in Off Site Lots Within 1,500 ft. Radius of Access Public Public Private Free Pam Fr (9) 30 (cI) 10 (c2) 20 (d) 50 (e) 12 (f) Reworks (a) No .ra`•)er Parkin gy Satur- days, Sundays, holidays (b) One side of street parking (c) Two sides of street parking (d) Street parking with restric- tions on hours (a) Unpaved (b) Two sides of street parking (a) One siu, of street parting along Hwy. 125 (b) 0ce side of street parking along Hwy. 15 (c) Tonta overflow marked, weekends and holidays only (1) car/trailer spaces (2) car only spaces (d) Putt tial car/trailer diagonal parking on Tani;a property ie) Potential car/trainer spaces at Advanca Machines, signed a-. prioate (f) Potential s.ar/trailer spaces behind 'flowers by Helen' retail shop (g) Hennepin Co. overflow lot. 48,00O sq. f'. off site pub- lic lot; outiide of 1,500 radius lot. close at 9 P.M. ia) One Side of street parking fb) Two sides of street parki,#g (a) Two sides of street parking (b) One side of street parking (c) Street parking with restrictions on hours ;j Two sides of street parting Access City Site Name Oeephaven Carson Bay Minnetrista William's Street On Site Free Public l.ot Parking ' .acrs Table 2 (Continued) CALCULATIONS FOR ESTIMATE OF PARKIN" SPACES AVAILABLE ON WEEKENDS WITH NO HOURLY 'RICTIONS (January 6, 1983) Street Parking in Linear Feet"_ Within 1,000 ft. Within 1,500 ft. Radius of Access Radius of Access 2.900 (b) 500 (a) 500 (a) 1,000 (b) 2,H%0 (b) Par.:tngg Spaces in Off Site Lats !:.thin 1,500 ft. Radius of Au Public Public Private Free Pay 80 27 (a) Now*s (a) Car/trailer parking approxi- nately 530 linear feet. permit required; available free to Oeephaven residents, &50.00 to non-residents *Based on absence of posted regulations. However, parking may not always be feasible due to road width, lack of road shoulDers, driveways and private property. DATE: TO: CC: FROM: M E T R O P O L I T A N C 0 U N C I L Suite 300 Metro Square Bu;lding, Saint Paul, Minnesota 55101 December 31, 1985 Lake Minnetonka Municipal Governments Lake Minnetonka Conservation District Hennepin County Dept. of Transportation Minnesota Dept. of Natural Resources Minnehaha Creek Watershed District JAN z 1 Patrick Scully, Chairman Metropolitan Council Task Force on Lake Minnetonka SUBJECT: Planning Approach Data and Schedule Arne Stefferud and Bill Lester, Metropolitan Council staff, have completed their meetings with you regarding the "planning approach" resolution the task force adopted on Nov. 25. There has been general acceptance of the approach be.:ause it gives municipal governments the opportunity to plan for public access sites (existing or future) and associated car -trailer parking to meet the recommended goals of the 1983 task force report. Other Planning Data On Dec. 19, we mailed copes of the Biocentric, Inc., research results on Lake Minnetonka surface usage and a list of potential boat access sites. the Depart- ment of Natural Resources (DNR) evaluated in zones 3 and 5 of the 'ake. These wi'l be discussed at meetings with DNR staff on Jan. 7 and 9. In addition to this data, the Minnehaha Creek Watershed District has asked that we mail you a copy of their "Proposed Rules" (enclosed). These would be used by the district to evaluate permits for boat access improvements or the crea- tion of new boat access sites. We've also enclosed a copy of the "Report of the Lake Minnetonka Task Force" (June 1983), which contains specific recom- mendations for public boat access (pages 3-18) and shore access (pages 19-21). This is the document, along with the LMCD parking standards that defines what reliable car -trailer parking is. It also contains detailed recommendations for public access improvements and new access sites in each zone. Planning Methodolo y and issues In our discussions with you, there were several questions raised regarding this "planning approach." We've restated them here for the benefit of everyone. What's the "product" of this planning effort? The product is a plan composed of proposals from municipalities and Hennepin County that indicates n m the goal of 700 reliable car -trailer spaces, broken down by lake zone, associated w th each existing and future 2 public boat access sites can be met. The plan should also include pro- posals for improving nine shore access areas as described on pages 19-20 of the 198- task force report. Since each municipality has powers to control land use, each municipality has an opportunity to make proposals. A compilation of proposals becomes the document.which will be reviewed via a public hearing process. Municipalities within each zone are encouraged to confer with each othe- on their proposals, prior to submitting Uiem to the Metropolitan Council Task Force on Lake Minnetonka. Following is a list of municipalities which have 'akeshore in one or -lore zones. Municipality Zone(s) of Lakesnore Deephaven 2, 3 Excelsior 3 Greenwood 3 Minnetonka 2 Minnetonka Beach 1, 3, 4 Minnetrista 1, 4, 5 Mound 1, 4, 5 Orono 1, 2. 3 Shorewood 3, 4, 5 Spring Park 1, 4 Tonka Bay 3, 4 Victoria 5 Wayzata 2 Woodland 2 Hennepin County owns three public boat access sites, and some shore acc' areas. They also own county roads which have been used for on -street car - trailer parking. What's their role in this planning process? Wit' regard to the boat and shore access sites, Hennepin County should develop proposals for improving those sites as recommended by the 1983 Lake Minnetonka Task Force. For example, county staff have already submitted a plan for a sea wall project at the Hendrickson access which can be used as a make• -ready dock. With regard to on -street parking along county roads, municipalities should work with County Dept. of Transportation staff to define problems and pro- pose solutions to providing safe on -street car--traller parking for public boat access facilities and adequate signage. 3. There has been car -trailer parking that's been provided beyond a 1,500 foot radius of boat access sites. Should this be proposed at all? Since it's an alternative, it should be considered. The 1983 task force recommended that car -trailer parking be provided within 1,500 feet. Yet, land use developw * patterns have precluded and/or made it extremely costly to provide ca- .railer parking within 1,500 feet of some boat access sites. Boa' s have used car -trailer parking areas beyond a 1,500 foot radius, ar. will continue to use them if that's the only alternative available. Like any standard, variance from it should be brought forward for public discussion. 3 A solution to this problem has been suggested, in which a make-ready dock is placed within 1,500 feet of a parking area. The boat, launched some- where else, is driven to this make-ready dock where the rest of the boating group gets on board. Obviously, this solution only works when there are two boat/car operators in a boating group. Yet, it does help meet some of the demand for the small recreation craft/fishing boat access to the lake. Consideration will be given for considering such variances, perhaps with appropriate "discounting" in counting toward the goal of 700 reliable spaces. 4. Is each municipality required to make a proposal? No. This planning process is voluntary. It recognizes the legal authority municipal governments have in determining land uses. It's being offered to provide municipal governments an opportunity to exercise that legal author- ity to plan land use by coming up with viable solutions to implement the recommendations for public boat access and shore access of the 1983 Lake Minnetonka Task Force. 5. When sthn;,ld the proposals be submitted to the Metropolitan Council? The planning schedule calls for publication of the compiled proposals on Jan. 31, 1986 and distribution to libraries, city halls, etc. for public hearing purposes. The hearings are tentatively scheduled for Feb. 20-24. Metropolitan Council staff will duplicate these proposals and bind them into one document on Jan. 31. Consequently, we -eed to receive your proposals by 4:30 p.m. on Thursday, Jan. 30, 1986. Please su5mit your proposals on 8-1/2" x 11" white paper. 6. What should municipalities do to extend the timeframe for submitting proposals? Please call Jack Mauritz at 291-6602 by 12 noon on Thursday, Jan. 23, 1986. The task force will have to decide whether an extension should be granter. and if so, how long the extension should be. The planning schedule is based on submitting a report to the Executive Council by April 1, 1986. SA3829-PHOPNI 12.31.85 1886.1 TO: Mayer and City Council � FROM: Mark Btrnhardson, City AdministratOP C) DATE: January 8, 1986 SUBJECT: i,MCD Residential Dock Boat Allowance As you may be aware the LMCD has had a second reading on the ordinance that was discussed at our December 9th Council meeting relating to limitations on the boats. The Council instructed Orono's L.MCD representative to vote against the second reading of the ordinance which she did. It is her desire to come forward to discuss the issue with you. In attempting to understand the new ordinance and within my understanding of the new ordinance, the following are permitted: A. If lakeshore 176 feet or over, up to 4 boats* are allowed, rental is not an issue and it can be 4 different owners none of whom are the riparian owner. B. If 126 - 1.75 feet 3 boats are permitted, rental is not an issue and the 3 owners can be different than the riparian owner. C. Up to 125 feet of lakeshore - 2 boats - could be rented to 2 different owners neither of which is riparian owner. - 3 or 4 boats •- owner must prove ownership of all boats registered to the resident and have a permit for such. +). "Slips" for any number of boats not qualifying as "water craft: could be used/rented and be in compliance with the ordinance. In conjunction with this a review of Orono's ordinance (which apart from LMCn does not put a limitation on the number of boats as the function of lakeshore frontage) would permit any of the following combinations for boats at a dock. - 1 to 2 owners - this is legal under Orono's ordinance and would require no additional permits even if the slips wero rented to persons other than the riparian owner. 3 or more owners - this would require a joint use dock permit from the City of Orono whether or not they are renters. - Lf more than 3 of the apots are rented this would qualify as a husiness use an ther fore would be nrohihited under Orono's zoning ordinance a.3 not an authorized use in a residential zone. —his understanding is arrived at by combining our current marina Joint use dock ordinances with oar zoning ordinance. The zoning ordinance does not specifically address it, but since the marina does discuss what qualifies as a business use under that ordinance it would most probably establish the threshold for declaring a business use in a residential zone. The enforcement by the City staff however up to this point has been different with the City staff interpretation being that any time there has I e 2n a rental, that it's business use and it is not allowed. ISSUES - As identified by the Council last time the issues that are problematic in the proposed LMCD ordinance are as follows: - The need to furnish proof of ownership and a permit fee paid for people who are docking their own boats. - That this permit must be approved by the LMCD Executive Director. 'ldditional ly as an issue there seems to be some disparity as to who can or can not rent based on lakeshore size and the fact that it the person with up to 125 feet desires to have more than 2 boats at his oL her dock, then all the boats must be registered to that person where as someone over 176 feet can rent up to four slips. RECOMMT.NDAT I ON To address some of these issues and to perhaps strengthen what is apparently the intent of LMCD it is recommended that the following ideas be explored for incorporation in an LMCD ordinance: - Require that all watercraft that are at a dock be currently registered with either the state or appropriate federal numbers and registration. This would also apply to any boats being used on Lake Minnetonka. (This would not apply at marinas, but would apply to any boats from the marinas used on the lake outside the marina.) - That differentiations for the number of boats at the docks he addressed on 3 issues - numher per front footage - number of owners - rental - it is suggest^d that at a minimum any 2 boats must be regist.erel to the: owner and if the intent is to get at a ronta I requ i re that i 1 1 �x»ts at the dock b- lung to the )wne r . - Estahlish a permit for anytime that a boat is parked at a deck for more than 24 hours in any 2 week period. - Enforce on a complaint basis any of the following: - ?3xceeding the appropriate number at the dock - Boat,; not r. ,istered to the owner if so required (Should there be an hour limition requirement, the complaint be investigated on 2 seperate occasions to determine if those boats are there and if so, the appropriate warning or ticket should be issued.) This proposal has not been discussed in depth with the LMCD representative at this point, but if this is an amenable direction hopeful y the City could work towards having this as the implemented policy of the LMCD. * LMCr)'s definition of boats ("watercraft) over 16 feet in length or 11HP or more motors. PROPOSED MOTION - Moved by , !: coned by , that the LMCD representative work to have the ordinance amendeJ to eliminate those issues of concern to the Orono City Council. Ayes , Nays cc: Jon Elam JoEllen Hurr ORDINANCE NO. AN ORDINANCE RELATING TO THE NUMBER OF WATERCRAFT WHICH MAY 13E KEPT AT ANY DOCK OR MOORING FACILITY; AMENDING LMCD CODE SECTION 3.02, SURD. 9 AND 10 The Board of Directors of the Lake Minnetonka Conservation District ordains: Section 1. I.MCD Code Section 3.02, Subdivision 9 is amended to read as follows: Subd. 9. Shoreline :-!quirements. a) General Rule. No new docks or mooring areas other-- tetr-ce reieo--ao�✓ iall be constructed or established which provide ..e for or are used for mooring or docking a ctreatt. number of watercraft than one for ear-' ',0 feet of continuous shoreline in exis- tence on h 3, 1978 unless authorized to do so b special dens _y percnitpursuant to Section 3.081. When measurements determining the number of watercraft allowed result in the provision of a fractional watercraft, any fraction up to and including one-half () shall be disregarded, and fractions over one-half ( ) shall al-lew be counted as one additional wa'.:ercra.ft. b) Special Rule for Sites in Existence on August 30, 1978. Unless a greater number is au-thor-ize-d by the rov�ians of �ara ra h a a'love, up to fear -et ewer two watercraft may be kept at any cock or mooring facility Mhieh- i-:-etise+iae--irr-cr�tnpi-itzr►c--atth--t-#ria e e d e - tare}- the - the - 3oceri--kettc� - n s e eentrol- & x +-r--*,nd which is located on a site (as defined in Section 3 . (' 1 ) which in was in existence on August 30, 1978. _ c) Special Rule foi Sites Established After August 30, 1978. Unless a�re�ter nu e author�zeU 1by the pr.ov is ons of paragraph aabove, uj do fear-er f. ? two watercraft may be kept at any dock or mooring e1, facile which- fr-ot�+ex�ri�sr--ice-coy-1-i�c--«fth this -cede enc-�ri-the-re�e�iremt'-t--tire•-�-}end ane--ewthorit�►-�trd which is located on a site (as defined in Section. 3.01) established after August 30, 1978, provided there is a residence on the site and the dock and docking rights in are owned solely by the residents of that site, d) AdAitiona1 Watercraft A11uwance for Watercraft Owned by Residents. 'Three or foui watercraft may be kept at docks or moorings describe in paragraphs or c above if all watercraft are ciwne- d b- and registered to the residents o-r-thee site and are for the sole use of the residents, provided a boat storage permit is secured from the Executive Di- e tor. Nn such permit be require - of docks having �a multiple or commercial dock license under section 3.08. i) Application. Application for a boat storage prmit shall be made an� nu--aTly or forms �rov ded the Executive Director.. The applica- tion shall iinclud- a certified statement that a1 boats stormsunder the permit are for the so P use of the residents of the property, a record- that all the boats are registered and `he boas registrations are in the names of residents an all other information deemed ne sar by the F.xecut vA Dire tor to determine whether or not the propose. Dc c is in compliance with FT'Is'_c`o3e. ii) Fee._ The ermit application _shall be accompaniedy a fEe ot, 10. iii) Granting of Permit. The Executive hirector_-shall � grunt the permii--if information provided shows that the do-ck will tic n compliance with the code. if the Executive Director ruses to issue a permit, he shall state the reasons therefor to the app icant in writing_ iv) Renewal. A new _permit, is required when any change occ>>rs for which the permit was gran- ted Sectio.. 2. LMCD Code Section 3.02, Subdivision 10 is amended by deleting the following: l5nbd :--1�;---Rio-pc►raer--=nn�-e_ c}} r-rent-r--c+t-}ee�e fer-the-eEerege-ef-boat '-e,r-watereraft-e.iY-epee-t' -within leek-acre-er�+�-at�he+eLr-efi-�rmr�i,l`-e�eekaj-c .vid- ed�-heweverT-that-r�neh-space-near-be-rented-er-3, nfa wete.rerr:f *-awned-br-residents-ef -the-npartr+enteT sncti-" ? This enactment shall he reevaluated and reaf fl'rm shall terminate two years from _ is a ec:tiv-e c ate. This Tent is in affect from and after its passage and pvi.licatiu. rordance with the enabling act of the District. It i5. en -,t a majority vote of all they members of the Board and ha- ..he cat- of an ordinance. Adopted by the Lake. Minnetonka Conservation. District Hoard of Directors this — day of _ , 19—,_.. Chairman ATTEST: Frank M xa, Execut ve Director Dated of publication: ____ XXXXWESTWOOD PLANNI, .i & ENGINEEPING COMPANY January P, 19ii(j fir. Mark Bernhardson City of Orono P.O. Box �6 Crystal L.y, MN 553-3 RE: Mr. and Mrs. William Gregory Wetland Alteration City file No. 852 Dear Mr. Bernhacdson: As per ycir suggestir : daring ou. phone conversation of January 2, 19,:, and on behalf of Mr. Qnd Mrs. William Gregory, we respectfully request tabli ,y of any act -:on on this project until such a time as the City has completed its storm water management plan. We understand that information gathered a- 1rt of this plan will be used by Council in their consideratiun of the Grego wetland alteration r"quest. The r me we discussed we,- 'hat the Caty'a rla', Would probably be completo in Cal. of 1986. This would allow the. (Iregory's .,d"qua. ,. fir shop_ they rt. eive approval, to proceed wit, winter c ., -tior, Please keep us info ,red as to the status of the f it%'s - •1 and wher -re will be before. the CC►ncil. ink you. r .rely, VFSfWOOD FLAN""'IC & LNGINrERING COMPANY Greg Kopisi:hke GK:H' CC: MI,. I''ld tjgv 411lidm ^, r% fir! wAYJA11% WYllVAND. „th", APOtAS Y-„NFSUTA S9,4M 14'7- MOtNS To: Orono Cour.ci l Members From: f4ich:iel P . Gaff.ron, Assistant 'Lollj.iA Administrator Date: January 9, 1986 4 Subject: #945 Robert J. Nauman, 1040 Tonkawa Road - Conditional Use Pernit Resolution Applic ion Grubbing/rep,a-k:ting & land -cape w,)rk on lakeshore bank. List ( bits L, I A - Appi. caticr Exhi. t D - Plat Map Exhibit C - Property Owners List Exhibit U - Landscape Plan Exh'! i E Survey F - Staff Memos of 8/12/85 & 9/5/89 Minutes of 8/19/85 (P.C.) & 9/9/85 & 9/23/85 (Council.) Uxh.ibit G - Draft Resolution The applicant appeare6 before the Council last September preposinq to do wcrk on the lakeshore bank, in ord. to remove stumps and poison ivy. At the September 5 meeting. Council, tabled this i.tcm for further staff review Shortly after that tab? � 1q, staff rip+ gill the City Engineer and the applicant. to review the pr<, sed work and t,. drainage concerns on the property. T:. results of tha liscu&sior we that the overland dra' from the north side of the huu.,,. wclild be lowed to fan out rather : Create a swal.e; that the drainage from the south side of the house wou slightly swaled and a low retaining wall constructed near the property to keep run-off away from the neighboring house; an-1 that the applicant would retain a p --fes• - nal l.andscar-e firm tc• design a comprehensiv•s plan -)r the 1 akeshf . and The desi been submitte and is been reviewed by City Engineer, Glenn Cook, wi e following comments: 1. The plan does address the City's concerns i;s far as stability of the slope arl shoreline. Acco-ling to • !.e designer, the ground cover types were s Aected for their elope stbilizing capabilities. The rock wa l,. (rip -rap) at the base of the s lc-e should adequate lv protect the hank from further wave and ice erosion: 2. The rip -rap should be continued to t.hc. north property line to protect the entire lekeE;hore ba•' 3. Note that the slope Just n• i of the steps has a gap in the rip - rap and rock wall in order f: -iowmobiles to acc.e,s th^ 1,3ke. It would be prudent for the applicant to at least rip -rap up to the NORW level to protect the shorel i.n., in this area. 4. Note that the north end of the bank, where a number of mat trees exist, is proposed to remain (:itouched. Basei on Glenn's comments, staff wo.ii _ re,:omme-' approval of the C'onditionaI Use Permit for t' ; work per the at.tachetl -lution. s CITY OF ORONO GENERAL LAND USE APPLICATION .-------------------------------. ------ - - --1--- ----- PROPERTY LOCATION Site Address j 0 1/0 1 JVIrg RD OXO!"y / / Propertv Identification Number (P.I.D.) D 0"1l/- c2 3 Z3 0 013 Please check one - Is the proF,erty abstract or. torrens? (for Conditional Use Applications only) Please attach legal description application if not included on required survey. ------------------------------------------•--------------------------------- APPLICANT ` / Name -1= �� %%r� �/ Phone "7 7/ Mailing Address 10 �0 %0/0"PWA /fOf" `o/olc 4/fL JJ�/� ---------------------------------------------------------------------------- OWNER Name I( J 9/±yt7h A - Phone 07/ — 3 7 q? Mailing Addres-a Date Property Acquired ^_ %Fly tmonth/year) I (do) -do no _also cwn the adjacent parcels of land. - ----- FEES - CONDITIONAL USE PEF'''TS X $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Uuplex Credit./Bldg $250.00 d) Commercial/Indu:.trial Use $200.00 f) Land Alteratior, trading, filling) PRD/PID - se,� fcc schedule Other Applications $250.00 Vaca ',)n $256.00 Rezoi,ing / ®(' i•.+ ,gi4W,,44- A p p e a 1 s HENNEPIN COL)NTY PINS SYSTEM kUN DATE. 12/18/94 REPORT NO P14-i4801 LAB'--L.5 6ATCH uul 30007 Other - see fee schedulf, PRESENT USE OF PROPERTY Present 'Zoning District Present Use of Property Residential C`th�=r (specify) D• • OF • 0....J REQUIRED SUBMITTALS i. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtain s list from Hennepin County Department of Finance A-603 Government Center 3-ti-3271 ) 3. Stamped, legal sized envelopes ( #10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. f ;-ruction plans, if applicable. 6. Plat Map. ----------------------------•-----------------------------------•---------- The Applicant and Property Owner must sign this application. Please re -ember that your application is not comple`.e if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agreestopayallfees and/or unusual. expenses incurred i.n review of this application, and certifies that the information z,.:E ;)lied is true and correct to the best Qj his/her knowledge. Applica.it's signature � ----- Date 4� --�— OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasc.nable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this reque t. Owner's signature Date ------------------- Applicant must. `ial�e all submittals into the City offices 25 days before the Planning Commis; ion Meet inq. Planning Commission Meetings are held on the third Monday of each month. .h' 3 T 2,2 ea ,. E a •sT s� `. a V 7 Yw 3 �• l7J � , a i • � � t.t yc; -51 a ►0 EAST • { 4t', p �)07 4w # 13 CASf 00 •AStt )7 �r 6� X o/ �� % •. / SOT itCA \\ <0 y. , M ;-n a LOT 18 j> ~ • i 3t E t%o 61 Vile is LOT 17 ° tie' E i ~ LOT IS r t'i-� --- Part of LOT 15 b 00 5 - t ti 5. 66 +, e I _ Sid J Ait47 CARL.WO/ f4) 4. 1 •vet• l!) feu �• / i lot 1; a e ,a • � r RUN DATE I2/18/84 BATCH 001 38 08-117-23 13 0,''vl 06 PROP ADDR 01065 TOM<AWA RD Oi*!ER NAME HAROLD L CONRAD ETAL TAXPAYER HAROLD L COM AD NAME/ADDR i065 TOtN AWA ?D 4w LONG LAKE MN 55356 A, 38 08-117-23 13 0014 PROP ADDR 01020 TONKAWA RD CSdNtER NAME JiiRGEN STIELOW TAXPAYER JURGEN STIEL014 NAME/ADDR 1020 TOtW AWA RD LONG LAKE MN 55356 38 08-117-23 13 0020 FROP ADDR 01070 TONKAWA RD Ct*,ER NAME THOMAS A PATRICIA RYAN .�. TAXPAYER THOMAS A PATRICIA RYAN NAME/ADDR 1060 TONKAWA RD LONG LAKE MN 55356 38 08-117-23 24 0004 Carl D & R Marian Parten Carl & R h, Parten 1025 Tonkawa Rd Long Lake, MN. 55356 A- HENNEPIN COUNTY FPOPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 OE-117-23 13 0002 V 075 TONKAWA RD JEROME W DIELTZ ETAL JEROME W DIELTZ 1075 TONKAWA RD LONG LAKE MN 55356 34� 08-117-23 13 0015 01030 TONKAWA RD MARJORIE F GASCH ROBERT H GASCH 1030 TONKAWA ROAD LONG LAME MN 55356 REPORT NO. PI435411 PAGE 11 38 08-117-23 13 0013 01040 TONKAWA RD FLORENCE L LARSON ROBERT J A JOAN C FALIMAN 1040 TOW..AWA ROAP ORONO MN 55354 38 08-117-23 13 0019 01060 TONKAWA RJ THOMAS A PATRICIA RYAN GEPTRUD E NOELTING 1060 TONKAWA RD LONG LAKE MN 55356 38 68-117-23 24 0002 Daniel C & Ruth M Parten TOTAL BATCH 001 00007 Daniel & Ruth Parten 529 Janalyn Cir Golden Valley MN 55416 38 08-117-23 24 0005 Carl D & R M Patten Carl & R. M.Parten 1025 Tonkawa Rd Long Lake, MN. 55356 I CERTIFY THAT THE FACTS REPRESP;TED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY /TAXAT , TO THE MST OF MY KtMLEDGE AND BELIEF DATE ' r 1F # :�45 sl met, tiff ..•. l +1 T 1.1 � .. r� `x, ,�,. rVA#945 L4 In �J I ♦ Od e, , .Ir _ per .r' J L AKESHORE �] �*GTi�iia v � D p 0 ULATIOns S O CNA fMBITS In t :�. FILLING. GAAOIWAi� �� GING. TREE R`Mf.?VAL OFi TRUCT101V OF ANY KINDrK 75 FT OF ANY SHOAEUNE `—AO26 FT O� ANY WETLANDS fTS ARE R"rUJIRED FORKS, SEAWALLS. RIPRAP C;I� IDENTIFICATION OF PREMISES RFQUIREC e' ;ess:s srJii sr+sptareo, ' ;fIfy Visible And Legible From The street Fronting The Prop" To: Planning Commission From: Michael P. Gaffron, Assistant 'Zoning Administrator Date: August 12, 1985 Subject: #945 Robert J. Bauman, 1040 Tonkawa Road - Conditional Use Permit Application - Remove stumps, work with lakeshore bank area. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners L';t Exhibit. D - Survey/Site Plan heavy equipment within 20' The applicant wishes to "clea up" his, shoreline area using a backhoe to remove stumps and poison ivy. While no changes in grade are proposed from the existing steep banks, backhoe working this shoreline will certainly have an effect on the g�.3und cover and could open up the so4l to erosion. Staff's purpose in bringing his application is to set z:,�,me standards and restrictions on how the lake:.iore work will be done to ensure that no sediment enters thsn. lake as a ref:ilt. of the project. Staff would suggest the following measures be incorporated into any motion for approval: 1. A silt fence must be placed at the shoreline and remain, in place during the entire project to eliminate possible sediment run-off into the lake. 2. City staff must be notified at least 24 hours prior to the work commencing. 3. The backhoe work shall take place in a period of time not to exceed 48 hours. 4, The disturbed areas s'iall be re -sodded within 48 hours of com- pletioa of the backhoe work. Sod shall be staked as necessary to ensure it holds on the steep bank areas. 5. No grade changes are anticipated or propo-,_ as part (f this project., and none are approved. It is ,ikely that least one dead tree will be removed, the specific tree :overhanging the dock area. I would suggest that the Planning Commission members visit this site and talk with the applicant regarding his project, in order to get an idea of the extent of work proposed. Note for the record that the applicant is constructing two a:.ditions to the house, for which permits were issued based on hardcover trade-offs prior to the Council directive that such trade-offs must be a variance application. To: Orono Council Members From: Michael P. Gaffron, Assistant Zoning Administrator Date: September 5, 1985 Subject: #945 Robert J. Bauman, 1040 Tonkawa Road - Conditional Use Permit Application - Remove stumps, work iakeshore bank area. List of Exhibits Exhibit A - Application Exhibit H - Plat Map Exhibit C - Property Owners List Exhibi., . - Survey/Site Plan with heavy equipment within 20' of The applicant wishes to "clean up" his shorelir,(a g a backhoe to remove stumps and poison ivy. While no changes in (,r°ic+e are proposed from the existing steep banks, a backhoe working this shoreline will certainly have an effect on ti,e ground cover and could or..)e"i up the soil to erosion. Staff's purpose in bringing this application is to set some standards and restrictions on how the iakeshore work will be done Ito ensure that no sediment enters the lake as a result of the project. Planning Commissio r,)ted that the applicant had placed tiles on either side of the house (see sketch). On the north side, the tile serves only as a footing drain which discharges groundwater to the Lakeshore bank. Staff has no problem with this the since it collects no surface water and discharges only clean groundwater. On the south side, the ti le had been intended to accept surface drainage to carry it away from the ne=ghbori:ig property directly to the .iakeshore. AI._ .)cant has removed this the at the City's direction and now plans to construct. a swale instead. After the last big rain, staff and applicant noted that the property to the north discharges 1 arge amounts of water unto applicants property. He is requesting to also build a swale on the north side to handle this. Staff would suggest the following measures be incorporated into any motion for approval: 1. A silt fence must be placed at the shoreline and remain in place during the entire project to eliminate possible sediment run-off into the lake. 2. City staff must be notified at least 24 hours prior to the work commencing. 3. The backhoe, work shal.► take place in a period of time not to exceed 48 hours. Zoning File #945 September 5, 1985 Page 2 of 2 4. Ail disturbed areas within the 75' iakeshore setback area shail be re -sodded within 48 hours of completion of the work. Sod shall be staked as necessary to Ensure it holds on the steep bank areas. 5. No lakeshore bank grade changes are a-'icipated or proposed as part of this project, and none are approved. Two dead trees will be removed, the tree overhanging the dock area, and a dead maple centered on r-he property and about 20'-30' back from the lakeshore. 'dote for the record that the applicant is constructing two additions to the house, fc which permits were issued based on hardcover trade-offs prior to the Council directive that such trade-offs must be a variance application. A draft resolutic.. s attached. i MINUTES OF TUE PLANNING COlihiSSION MEETING I-_LD 'US. .0, 19?15. PAGE 4 #941-0946-1951 2739 SHADYWOOD RD. continued Zoning Administrator Mabus .h stated tnat the Li CD considers this a grandf - aired situ&,ion and that the ' -•t:ks are legal because they isted prior to the creati >f the LMCD. Mabusth also stated that the LMCD recommend: 50 feet of lakeshore per boa4 but would corsider ,.ariances for a minim,im of 10 feet for one boat. Mr. Ogle stated that a "grandfathereti" clause should pertain to the original owner oi." y and �ot be sold off. There were no other comme from the public and the public hearing was closed. Chairman Callahan felt that Mr. Ogle 's statements regarding parking problems should be considered. It was moved by Callahan, seconded by Goetten, to recommend granting the Conditiona. Use Permit's to use as 3 non- conforming use sub je,;t tc C king be allowed on property they don't own and alloy g one boat per non -adjacent landowners. Motion, Ayes ,) 1ays (2). Sime and McDonald voted nay for reasons of 1imi tir ; one boat ;)er owner creates a hardship. q#P94!55R.J BAUM" T(V ANA ROAD CONDITI _.IAI, US% I .RMIT PUBLIC NEARING 8:53 - 9z03 Aist. Zoning Administrator raffr.)n noted tt ertificate of mailin ind the affidavit of poll-li.cation. Mr. Robert J. Bauman was prese. is matter. Mr. Bauman state ' at he waits to cle �i, 'u<.reline area using a backhve to remove tree stump;, inn an ivy wh; h requires a conditional use permit. Mr. Bauman stated - at he will com;'y to all of staff's reccr..-., lotions as listed in th •-r report. Asst. Zoni: i Administrato^ -at tron indicated an issu-a regarding '.he dr.ainege pipes, Mr. Bauman stated that there is a surface drainage problem that n down tr. the No-�ltings ,-roperty and that tht.? pipe is jus . _,, nq t_h�u: ` nvw. The Noel, )gs, 1060 Tonk„.qa; !feud, stated that now that the fence is unere, there is no drai.,iage p--�lem. Jurgen Stielc(:, 1020 Tonkawa Road, stated 0h3t he didr :_ i ike seeing matt a trees taken down. It was moved by Sime, seconded by Gc• -ten, tc rec;oamsand approval of the Conditional Use Permit object to applicsnt complying with the five conditions re mends-d by staff and that s- of f wi 11 review and wor with aok . ir_a -c -..irding the tirainageon the north lot line. Motion, P ;6), Nays (0). MINUTES OF THE REGULAR ORONO COUNCII, MEETING HELD SEPTEMBER 9, 1985. I'G 6 #941,#946,/951 — 2739 SIIADYWOOD ROAD continued City Administrator Bernhardson stated staff's recommend- ation to .add another condition to the proposed resolutions, being that if any change in the dock structure should occur it must be approved as a new conditional use permit. Council and staff decided to amend the proposed resolutions to read under Condition #2 "Applicant/owner is limited to the mooring of one boat." (No length is specified) It was moved by Acting Mayor Frahm, seconded by Counci lmember Grabek, to approve Resolutions #1846, #1847, #1848, incorporating the two previous stated amendments. Motion, Ayes (3), Nays (0). Mr. Thimmish indicated he wished to move his dock over to accoma(late one large slip. Council instructed staff to monitor the moving of his dock. Council also instructed staff to record the current lengths of the docks there. Cii45 R.J. BAUMAN 1040 TONRAWA ROAD CONDITIONAL USE PERMTT RESOLUTION R.J. Bauman was present for this matter. Also present was G. Noel.ting, 1060 Tonkawa Road. City Administrator Bernhardson explained the initial request to remove a couple dead trees within 20' of the shoreline. Bernhardson stated that there is a hardcover issue and concerns regarding the drainage. Ass 'Zoning Administrator Gaffron explained the purposeof the P:.isting tile on the north side of the house. Gaffron noted that there is a problem dealing with the drainage from the neighboring property. Gaffron stated another concern was the possible adverse effects to the lakeshore bank by removing the dead tree stumps. City Engineer Cook agreed with Asst.. Zoning Administrator Gaffron's concerns and the possible need for rip -rap along the shoreline. Asst. Zoning Administrator Gaffron stated that they have not determined the best method for controlling the drainage. Staffs recommendation is to table this matter for two weeks in order to identify the issues. it was moved by Councilmember Grabek, seconded by Acting Mayor Frahm, to table this matter until the next Council meeting, but to permit. Mr. Bauman to cut down the dead trees leaving the stumps and vegetation untouched at this time. Motion, Aye's (3), Nays (0). MINUTES ON THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 23, 1985 PAGE 2 #930 SHAVER/TEARSE* 1080 FERNDALE ROAD WEST VARIANCE AMENDMENT TO RESOLUTION #1792 It was moved by Frahm, seconded by Adams, to adopt Resolution #1792 as amended granting a setback variance to permit the construction of a principal residence 30.8 feet from the rear lot line. Motion, Ayes 4, Nays 0. �j 45 R.J. BAUMAN* CONDITIONAL USE PERMIT RESOLUTION It was moved by Frahm, seconded by Adams, to continue this matter until the October 7, 1985 :ouncil meeting. Motion, Ayes 4, Nays 0. #960 LAKEVIEW Gt,LF COURSE 409 NORTH ARM DRIVE VARIANCE RESOLUTION #1160 #964 S'TEPHEN 6 880 PARTRNWOOD VARIANCE Grant Wenkstern was present for this matter. City Administrator Bernhardson explained the request to construct a 2240 s.f. (1120 s.f. each of two levels) storage building whereas a variance is required to allow an accessory structure in excess of 1000 s. f . , which will be located 50' from a lot line. It was moved by Hammerel, seconded by Frahm, to adopt Resolution #1860 as drafted granting the variance. Motion, Ayes 4, Nays 0. JAN WATSON ROAD RESOLUTION #1861 City Administrator. Bernhardson explained the request for a variance of hardcover_ tradeoff. The proposed hardcover tradeoff would decrease the existing hardcover from 39.1% to 38.8% (50 s.f.). It was moved by Frahm, seconded by Adams, to 4dopt Resolution #1861 approving the hardcover variance. Motion, Ayes 4, Nays 0. #965 JOHN S. PILLSBURY JR. 1260 BRACKETTS POINT ROAD VARIANCE AND CONDITIONAI. USE PERMIT RESOLUTION #1862 Katherine and John S. Pillsbury Jr. were present for this matter. Also present was applicant's architect. planner, Herb Baldwin. City of OROINO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE AND CONDITIONAL USE PERMIT TO MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 8 FILE #945 WHEREAS, Robert J. Lauman (hereinafter "the applicant")_ is the owner of the property located at 1040 Tonkawa Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 10 and that part of Lot 9 lying Northerly of the following described line and its Easterly and Westerly extensions: Beginning at the point of intersection of the Westerly line of said Lot 9 with a line drawn parallel with and 140 feet South, measured at right angles, from the North line of said Lot 10; thence East along said parallel line 35 feet; thence deflecting left 4 degrees to an intersection with a line drawn parallel with and 111 feet South, measured at right angles, from said Norta line of Lot 10; thence Fast along said last -described parallel line to the Easterly line of said Lot 9, and t.hei e ending, all in Auditor's Subd.ivi ;ion Number 217, Hennepin County, Minnesota according to the )corded plat thereof: the `4ortherly line of said Lot 10 is mark d by Judicial Landr:arks set ,-ursuant to Torrens Case No. 17306, iereinafter "property"); and WHEREAS, the applicant has made application to the City of Orono to permit the removal of slumps and certain trees, using heavy equipment and to permit a general landscaping of the lakeshore bank, and to perform minor grading work for drainage purposes on the south side of the property, all within the 0-75' lakeshore setback area, where per Municipal Code Section 1.0.55, Subdivision 8, grading and filling is generally prohibited. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #445. 2. The property is located in the L,R-113 Sinqle Family Lakeshore Residential Zoning District. 3. The property is approximately 1.85 acre In area. Paqe l of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. Tho Orono Planning Commission reviewed this application on August 19, 1985, and recommended approval of a variance Lo Municipal Zoning Code Section 10.55, Subdivision 8, to allow grading and backhoe work, including removal of two dead trees, within 75' of the lakeshore; and recommended approval of a conditional use permit for such :York per Section 10.03, Subdivision 19 and 20, subject to the fciilowing conditions: A) A silt fence must be placed at the shoreline and remain in place during the entire project to eliminate possible sediment run-off into the lake. B) City staff must be notified at least 24 hours prior to the work commencing. C) The backhoe work shall take place in a period of time not to exceed 48 hours. D) All disturbed areas within the 75' lakeshore setback area shall be replanted or re -sodded within 48 hours of completion of the work. Sod shall be staked as necessary to ensure it holds on the steep bank areas. E) No lakeshore bank grade changes area anticipated or proposed as part of this project, and none are approved. 5. The City Council reviewed this proposal on September 9, 1985 and requested the applicant and staff to further review the proposed work, in consideration of the steep bank slope and high potential for bank erosion during the grading work. 6. The applicant subsequently has submitted a professional land- scape plan for the work on the lakeshore bank, which plan in- cludes rock rip -rap and a rock wall, and numerous plantings with wood chip mulch. 7., The grading work for drainage purposes along the south side of the house is necessary to protect the property to the south from excessive run-off. B. 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 preser- e a substantial property right of the appli- cant; and would be in keepincl with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 9. The City Council finds that granting a conditional. use permit to the applicant for the proposed grading and backhoe work would not be detrimental to the health, safety or general welfare of the public, nor will it depreciate surrounding property values and the level of use of the property limited by the pertinent sections for non -conforming uses within the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDI':IONS Based upon the above findings, the OrDno City Council hereby grants a variance to Municipal. Zoning Code Section 10.55, Subdivision 8 to allow grading and relandscaping, including removal of two dead trees, within 75' of the lakeshore, and g•.ants a conditional use permit per Section 10.03, Subdivision 19 F 20 for such work, subject to the following conditions: 1. Proper erosion controls must be placed at the shoreline and remain in place during the entire project to eliminate possible sediment run-off into the lake. 2. City staff shall be notified at least 24 hours prior to the commencement of the work. 3. The backhoe and landscaping work at the shoreline shall take place in a pariod of time not to exceed 48 hours, and the applicantshall monitor weather conditions and perform the work _.n a timely manner so as to avoid having unprotected lakeshore banks during any significant rainfall events. 4. All disturbed areas within the 75' lak-shore setback area shall he re -sodded or replanted within 48 -G of completion of the work. Sod shall be staked as necessary sure it holds on the steep bank areas. 5. No lakeshore bank grade changes are anticipated or proposed for this project, and none are approved. 6. 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 Cz)unci 1 approval, or this variance will expire on that date (January 13, 1987). 7. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning rc,de, shall automatically terminate any authority granted herein, and shell. k,e punishable as a misdemeanor. Page 3 of 5 City of ORONO RESOLUT!^N OF THE CITY COUNCIL NO. 8. The undersigned ap)licant has read, understood and hereby agrees to the terms of -,his resolution and on behalf of himself, his heirs, successors a,,id assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the irono City Council on this 13th day of January, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mavor (1) Property Owner City of ORONi RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTL ) ss. COUNTY OF HENNEPIN ) On this _ _ day of. __ �, 1986 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 , 1986, before r-,e a Notary Public within and for said County, personally appeared _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 5 of 5 TO: Counc i 1 FROM: Michael P. Gaffron, Assi ant `boning Administrator 1" DATE: January 9, 1986 SUBJECT: #987 - Robert J. Bauman, 1040 Tonkawa, toad - Variance. - Resolution APPLICATION - Request for average setbacks and hardcover variances to construct an enclosed swimming pool. ZONING DISTRICT - LR-1B LIST OF EXHIBITS A - Application B - Plat Map C - Property Owners List >K- Survey with proposed pool (SEE. E- Survey prior to currently permitted additions including hardcover calculatwons F - Survey showing rev.sed driveway and adjacent houses. G - Plans, elevations of proposed pool. H - Staff memo's of 11-14-85 and 12-11-85. I - Planning Commission minutes of 11.-18-85 and 12-16-85. J - Letter from neighbor to the north. The applicant is proposing to construct an enclosed swimming pool on the lake side of his home, requiring variances to the average lakeshore setback and to the hardcover regulations. Mr. Bauman is proposing hardcover tradeoffs which will result in no net increase in hardcover in the 75-250' setback zone. In Spring of 1985, the ,_,)plicant was issued permits for the construction of a garage addition and small room addition with hardcover tradeoffs, prior to the Council's directive that all such tradeoffs over the 25% limit are subject to a variance application. These additions are nearing completion and the excess hardcover has been removed. The applicant has also relocated his driveway within the last year. As a result of the need to revise grades in front of the new garage, and in anticipation of this application for the pool with hardcover tradeoffs, the applicant had the driveway apron redesigned so there would be a net decrease in hardcover nearly equivalent to the area of the proposed pool. At the advice of staff, applicant insta 1 led the new driveway apron last. fa 1 1 prior to f reezeup, to ensure safe access to the house. At this point, if applicant removed the 205 s.f.. of plastic remaining at the north side of the house, he could add the pool structure with no net increase in hardcover from what was there originally when he bought the property. -- Pre-existing 75-250' hardcover = 9150 s.f. or 39.4% Zoni^g File #987 ,January 9, 1986 Page 2 - Final proposed 75-250' hardcover = 9150 s.f. or 39.4% - Tradeof f s include removal of excess dri veway and removal of plastic under rock on north side of house. The other variance requested for the pool is for average setback. The pool structure will encroach approximately 15' into the average setback zone. Applicant has provided ele- ation drawings to show the height and configuration of the structure showing it will be no higher than the floor level of the existing deck. The neighbor to the north has expressed some concern about the sight lines and views which would be encroached upon (see exhibit J). In your site inspection you should view the subject property fror the neighboring property to ascertain the effect of the proposed structure on the views, and also note the location of the fence on the north boundary. Also, looking at the most current survey, Exhibit F, note the relative locations of nearby houses. The proposed pool addition protrudes 16' further out than the existing "office" extension on the lake side of the house. A portion r the top of the new pool structure wi_11 be used as a deck area. )te that the plans are inr.orrectly drawn, according to the applicant, and the portion of room near the pool indentation will not be constructed, and the "future deck" shown by the architect will not be constructed. The applicant noted the existing grades and expects only minimal grading arc ind the pool foundation will be necessary. Although both adjacent neighbors have expressed opposition to the proposal, the Planning Commission, at their December meeting, voted 5- 1 to recommend approval of the requested variances, finding that: 1. Applicant has a hardship in that there is no other feasible location for the pool addition. 2. The addition as designed will not substantially encroach on the lake views of neighboring property owners. 3. The applicant has shown that he can remove existing hardcover so that there is no net. resulting increase in hardcover in the 75-250' zone. A resolution reflecting the Planning Commission recommendation is attached for your review. CITY OF ORONO - VARIANCE APPLICATION 11 ✓ (. r�.,., ., '� Initial Applic:-,tion Fee $150.00 ($50.00 per each additional. project:) After -the -Fact Fees (Double application fee) ----------------------- --------------------------------------------------- PROPERTY LOCATION ��tt , /�i ry 1 f /i , / Site Address 1VLf 0 ��N/l ��/f g l/ 1...) QA" U Property Identification Number (P.I.D.) Please check one -- Is the property abstract or torrens? Please attach legal description to application if not included on required survey. ----------------- APPLICANT"7 Q Name `7 � Phone / t'� -/ Ll (, Mailing Address _1 O if T 0 sy A P Lcwc /14rt -----------------------------------------------------------------------5-5 33-C OWN= Name Phone Mailing Address Date Property Acquired � A7 5 S' (month /year) I (do) do not also own the a,:Jacent parcels of land. ------- ---- ------------ -------------------------------------------- - PRESENT USE OF PROPERTY F Present .Zoning District �'L�-7�-� - 4% Present Use of Property Residential Other (specify) -- - - - DESCRIPTION OF REQUEST EstimatedConstr•a,�tion Cost $ y S "T Desc_ ibe request in detail: �`�C.n' f/�L'�-u�� 04, --------------------------------------------------------------------------- VARIANCBS RBQUIRBD . IN Lot Area Lot Width Setback Variances ( Front Other Hardcover le Rear) 1 Pt . �`Ckc�t4' lil• ---------------------- (OVER) HARDSHIP Describe undue hardship or. enforcement 1 zoning. regu practical difficulty resulting frurrt strict at�cns,_ - DRSCRIPTION OF UNUSL:.L PROPERTY CONDITIONS Describe unusual property conditions preventing comps 'a., :e with Zoning Code Requi rement.� : HQUIRED SUBMITTALS 1. Completed Application Form. 2. Ceitif ied Property Cwners LJ'st of owners within 150' (you can obtain this list f rom 'Iennepir County Department of Finance A-603 Government Center 348-3271. ) 3. Stamped, lega 1 sued envelopes (110 ) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including harc?cover calculations as required. 5. Plat Map. ------------------------------ ------------------------------------------- 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. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agreesto payallfeesand/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of,44s/her kiwledge. A �aI �j, Applicant's signature J' m "y'"�__ Date OWNERS SIGNATPURE The owner hereby acknowledges and agrees to this applicat.ior and further authorizes 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 signs-turp i \ � '�uyy''P'71 Data l � IA, Applicant must have all submittals into the City offices 25 days before the Planninq Commiss.onMeet.inq. Planninq CommistionMeetingsare held on the third Monday of each month. w '.� Z�Z d� ♦. ocl j Z r x 3(1) W tit x ; FAST w J' M2� W rt•ri ��j:7 ''i s + t t ,� `•i : S45 ew ss�.0 ` M•!o l , LOT 18 I \ i1 Si !L E Igo • N �! LUT 17 LOT Ifa - - 4e• `r,O* f tt Of LOT IS 00 rr, \ ' (5) ' A • i y,- 5 • Lo �y jan c • t All �1 �� • . / A . j CARl W0 D S ' ovv ,��� ,*-j,4 (Las a '� �E, t , •' 7�. i �,` �e4-76 q� Lit � � r 3 SO E 7 140 00, j y T d ll` RUN DATE 12/18/84 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. P1435411 PROPERTY OWNERS LIST PAGE 1 BATCH 001 38 08-117-23 13 0001 PROP ADDR 01065 TMO(AWA RD OWNER NAME HAROLD L CONRAD ETAL TAXPAYER HAROLD L CONRAD NAME/ADDR 1065 TONKAWA RD LONG LAKE MN 55356 38 03-117-Z3 13 0014 PROP ADDR 01020 TONKAWA RD M14ER NAME JURGEN STIELOW TAXPAYER JU,RGEN STIELOW t:AhE/ADDR 1020 TOt1KAWA RD LONG LAKE "7 i 55356 38 08-1.17-23 13 0020 PRCP ADDR 01070 TONKAWA RD CLTIER NAME THOMAS A PATRICIA RYAN TAXPAYER THOMAS A PATRICIA «TAN NAME/ADDR 1060 TO•.KAWA RD LONG LAKE tot 553S6 38 08-117-23 24 0004 Carl D & R Marian Parten Carl & R M Parten 1025 Tonkawa Rd Long Lake, MN. 55356 38 08-117-23 13 0002 0107S TONKAWA RD JEPOME W DIELTZ ETAL JEROK2 W DIELTZ 107f. TOWAWA RD LONG LAKE MN S5356 38 08-117-23 13 0015 01030 TMO:AWA RD MARJORIE F GASCH ROBERT H GASCH 1030 TM4(AWA ROAD LONG LAKE MN 55356 38 08-117-23 13 0013 01040 TONKAWA RD FLORENCE L LAR.SON ROBERT J A JOAN C BAUTAN 1040 TONKAWA ROAD ORONO MN 55364 38 08-117-23 11 0014 01060 TONKAWA RD THOMAS A PATRICIA RYAN GERTAU) E NOELTING 1060 TONKAWA RD LONG LAME MN 55356 38 08-117-23 24 0002 Daniel C & Ruth M Parten TOTAL BATCH 001 Coco? Daniel & Ruth Parten 52.9 Janalyn Cir Golden Valley MN 55416 38 03-117-23 24 0005 Carl D & R t, Patten Carl & R. 11.Parten 1025 Tonkawa Rd Long Lake, MN. 55356 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORD: OF THE HENNEPIN COUNTY DEPARTMENT Of PROPERTY TAXAT TO THE BEST OF MY KNOWLEDGE AND BELIEF. ' i If DATE t � L. Of 4 ro 0 of ft", .40 ON egg 0 *&4w. qwwo-, w or- .0 am wt a5 75 OE S PAN GJ \GP�EOE Ole P\0.�1o°t',s 1 PEEN\oE��� �1 ot\GE PO �« k M 1 rN i•# a f+• V3 r, ao M k nse+sJ , M• 1... �{yI Ndp°�4Y o dtl•M� a. r •�tI P2 s7 Q � LAKESHM s V*T ANDS REGULATIONS ORONO ORDIf PFK**B;TS EXCAVATION. " 7ADING. DREDGING. TRc- -jVAL OR CONSTRUCTION (x ANY KIND WITHIN 75 FT OF ANY SHOPELINE WITHIN 26 FT O� ANY WETLANDS PERMITS ARE REQUIRED FOR COCKS. SEAWALLS. RIPRAP IDEMTIFICATION 10& PREMISES REQUIRED I J,'iy Vmbk Ana Loewe from Tt, Street Fmj% The Proosay rw./Llyl �RIOA' BYO! • • !.: >!N 'ey r '4 �pl7llAPtl w 0. Me Ott• •M Oal'11 eW Pin lOruef: pprpppw r ;ew- so �' eic teM') aitl � #'• - ,� K e✓ nwt rwc i�~� #.— -71 -..11 it. c 4 ZAMA& i= ,ft S qft an qm6r" vow WO 'a"'� � �`v�.ati F Z;L .r.�err�rs . � ..... o�...ne. Mil1�E T@NKA D�Sfe@ nrwa rr�rna •...u..kna�s w Oak w..r .. ,�+...�.wr. rr .nor • r w ,. �esr .o. ■aa rru ��•-^ . • a� w urn a � 51 MANv x s -Z * 5% 1 .................... IC ------------ ---------- IL V! L o q b To: Planning Commission From: Michael P. Gaffron, Assistant Zoning Administrator Date: December 11, 1981, Subject: #987, Robert Bauman, 1040 Tonkawa Road - Variance - Second Review LIST OF EXHIBITS A - Appiication B - Plat Map C - Property Owners Lis.- D- Survey with prcposed pool - (staff revised to show consistency with plans submitted) E - Survey prior to currently permitted additions including hardcover calculations F' - Survey showing revised driveway and adjacent houses G - Plans, Elevations of proposed pool if - Staff memo of 11-14-8 I - Plannning Commission >>inutes, 11-18-85 J - Preliminary Lakeshore Landscape Plan The applicant has submitted plans and elevations for the proposed pool as you requested at the November meeting. As describes previously ty the applicant, the roof of the pool addition will be the sane level :.as the existing deck. A portion of the pool addition roc f will be used as deck. The pool addition will extend 16' furthei c;ut from the protruding room on the lake side of the house. The proposed plans submitted show the "footprint" of the pool addition slightly revised f -om the original survey. It will cover 85 additional square fctt of currently non-hardcovered area, and eliminates a portion of the 205 square feet previously proposed as trade-off, hence we actually need to remove 290 square feet of hardcover of which only 1.65 square feet is available plastic for removal. 1.25 square fe_e_t must be removed elsewhere on the__property. Note that the plans also show a 10' x 12' future deck which would require additional hardcover removal. Where does applicant propose to remove the additional hardcover? Staff has flagged the corners of the pool addition as proposed. We suggest that the Planning Commission members view the property from both the Noelt.ing's and the Gasch's properties in order to envision the extent of actual view encroachment which would be caused by the pool addition. Applicant has provided a preliminary lakeshore landscape propoc� , and will be submitting additional landscape elevation i:�Ninys for review of his application 0945 (for work on the lakeshore) at your January meetinq. Zoning File #987 December 11, 1985 Page 2 of 2 Basel on the submitted naterial, Planning Commission is requested to recc rmend approval or denial of the variances for the pool additic. to allow tradeoffs in hardcover (remain at previously existing 39.4% in 75-250' zone) and to average Lake- shore setback. In order to recommend approval, possible findings include: 1. Applicant has a har_iship in that there is no other feasible location for the addition. 2. The addition will not substantially encroach on the lake views of neighboring property owners. 3. The applicant has shown that he can remove existing hardcover so that there is no net resulting increase in hardcover To recommend denial, possible findings might include: 1. No hardship exists 2.Excessive encroachment into lakeshore views of neighbors. 3. Excessive hardcover with no way to decrease to within reasonable allowances. TO: Planning Commission FROM: Michael P. Gaffron, Assist—' Zoning Administrat( DATE: November 14, 1985 SUBJECT: #987, Robert J. Bauman, 1040 Tonkawa Road - Variance ZONING DISTRICT - LR-lB, Single Family Lakeshore Residential, 1-acre APPLICATION - Request for average setback and hardcover variances to construct an enclosed swimming pool. LIST OF EXHIBITS A - Application B - Plat Map C - Property Jwners List D - Survey with Proposed Pool E- Survey prior to currently permitted additions including hardcover calculations. F - Survey showing revised driveway and adjacent houses The applicant is proposing to construct an enclosed swimming pool on the lake side of his home, requiring variances to the average lakeshore setback and to the hardcover regulations. Mr. Bauman is proposing hardcover tradeoffs which will result in no net increase in hardcover in the 75-250' setback zone. You will recall that the applicant appeared before you in August requesting permission to work on the lakeshore bank. The Council tabled that application pending applicant's submittal of a professionally done landscape plan for the bank area, since it is steep and likely subject to erosion if distrubed. That applicantion has not yet been completed. Also be reminded that the applicant was issued permits for the construction of a garage addition and small room addition with hardcover tradeoffs prior to the Council's directive that all such tradeoffs over the 25% limit are subject to a variance application. These additions are nearing completion and the excess hardcover has been removed. The applicant has relocat ' his driveway within the last year. Also, as a result of the need tr evise grades in front of the new garage, and in anticipation of this application for the pool with hardcover tradeoffs, the applicant had the driveway apron redesigned so t.herc would be a net decrease in hard ;over nearly equivalent to the area of the proposed pool. At the advice of staff, applicant has installed the new driveway apron this fall prior to freezeup, to ensure safe access to the house. At this point, if applicantremoved the 205 s.f. of plastic at the north side of the house, he could add the pool structure with no net increase in hardcover from what was there originally when he bought the property. The other variance requested for the pool is for average setback. The pool structure will encroach approximately 15' intothe average setback zone. Applicant has not provided elevation drawings to show the height or cony iguration of the structure but he has stated it will be no higher than the floor level of the existing deck. The neighbor to the north has exi.ressed some concern about the sight lines and views which would be encroached upon. In your site inspection you should view the subject property from the neighboring property to ascertain the effect of the proposed structure on the views, and also note the location of the fence on the north boi•nda ry. Also, looking at the most current survey, Exhibit F, note the relative locations of nearby nouses. Any recommendation for approval should discuss the hardcover tradeoffs, and the justification for granting the average setback variance. UTES OF THE PLANNING COMMISSION MEETING HELD DECF.MBER 16, 1985. PACE 5 ir83 WALTER H. PEMBERTON 1. To limit the fill in the 0-75' zone to only that necessary to accomodate the garage and driveway back-up apron. 2. The proposed house must meet all specifications of the Building Inspector of the City of Orono. If the house changes in proportion, the applicant must come back for review by the Planning Commission and Council. 3. Applicant must inform the City of the date of which the fill will be delivered to the lot. 4. Front deck must remain as an open deck - it cannot be enclosed. `i. Staff to secure proper erosion ccntrol. Mr. Pemberton qua-stioned if no fill is required, because of the push back of the garage, will staff still have to monitor. Kelley stated that yes, the City still should be notified at trat. point. Motion, Ayes 4, Nays 2. Chairman Callahan opposed the motion because the lot is too small for the proposed house and garage, and the variances could be eliminated if the applicant were to build only on the existing f .)undation. McDonald also opposed the motion based on the same findings as Chairman Callahan and also the City should maintain a mix of housing, ali income levels and family sizes. OBFRT J . BAONAl1 C)TONKAWA ROAD VARIANCE SECOND REVIEW Robert and Joan Baursan were present. Bob Gasch of 2960 Fox Street and Marqe Gasch of 1030 Tonkawa Road were also present j -m the public. ,scant: Zoning Administrator Gaffron presented the mission with a letter submitted by the Marge Gasch which ,.,,airman Callahan react ibit B). Kelley clarified that there is no nea0d for a hardcover variance be(-ause of the trade-offs done for a previous appli- cation and the only vari+a►.cA needed is fcr average lakeshore setback. MINUTES OF E PLANNING COMMISSION MEFTIN.! HELD Di:CEMBER 16, 1985. PAGE 6 #987 ROBERT J. BAUMAN Marge Gasch stated that whe t., variance is granted the Commission must find a hardship. She can find no hardship for building an indoor swimm,ng prol. Mr. Bauman explained the pool addition was designed this way because of the e-xisting slope of the land. Their hardship is that they have 4 small children who all love the 'iter, and cannot swim in the lake during the winter. The L«xe at the end of the dock area is much too deep for children of this age. The reason for putting the pool on that side of the house is that. it will be used for entertainment a. d the lower level is designed for that purpose. If the pool was located on the other side of the house, you would have to enter the pool area by going outdoors. The other solution would be access through the garages which contain power tools, etc. Just because no one else has a pool in the area, does that mean one cannot 1 ve a pool? Some of the homes in the area have tennis courts, or gyms etc. Chairman Callahan noted, for the record, that Marge Gasch is correct in her comment regardin7 the other neighbors in opposition. The Noltinqs were present at the last meeting tc, express their opposition. Goetten asked the applicant why the variances were not requested when grade changes were applied for in August of 1985. If everything had been done together, the Commission may have a Letter urderstanding of what is going on with the property. Mr. Bauman noted that his family has livc I there for just over a year. when they originally starte,.: the additions, staff was able to make trade-offs with hardcover, thus eliminating the need for extra variances. At that time the pool was a long range goal, r.fter the first portion of the construction was done. Assistant Zoning Administrator Gaffren suggested at the time the garages were built, the applicants come in for a variance for the pool. It was moved by Taylor, seconded by Kelley, to recommend approval for Robert J. Bauman for a variance to the average Lakeshore setback for the pool addition based on the followinq findings: 1. There is no other feasible location on the property for the pool addition. 2. The way the pool is beinq designed dc•es not suhst:antually encroach or the neighborinq properties. MINUTES OF THE PLANNING COMMISSION MEETING HELD DF.CFMBER 16, 1985. PAGE 7 #987 ROBERT J. BAUMAN 3. The appl icant has shown that. the hardcover can be removed so there is no net increase in the hardcover in the 75-250' setback zone. Condition of approval is based on having the necessary land- scape plans available at the January 13th, 1986 meeting. Motion, Ayes 5, Nays 1.. (.)etten opposed the motion findings there is no hardship for the applicant, encroachment into the average lakeshore setback line causing sighting problems for the neighbors, and there may be more requested variances on this property for the future. #989 HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION HENDRICKSON ACCESS CONDITIONAL USE PERMIT SECOND REVIEW CONTINUATION OF PUBLIC HEARING 11:10-11:16 PM Zoning Administrator Mabusth noted the affidavit of publication and certificate of mailing. No one was present for .his application. Zoning Administrator Mabusth stated that Police Chief, Melvin Ki.lbo, has received no complaints on the lack of satalites, trash cans, and lighting. He would not suggest any additional cleats to be provided because this is not the function of the landing, only to provide access for boats to get in and out. McDonald felt that now is the time to reque:,c lighting for boaters for the health, safety and welfare of citizens. There presently is no lighting at this landing. Kelley opposed the lighting because it would only increase more traffic cc, g and going at all hours of the night. one of our anain goal is to control. intense use of the lake. Zoning Administrator Mabusth noted some of the major problems are not enough parking, traffic backed up on County Road 51, and no handicapped parking available (to be installed next year). It. was moved by Kelley, seconded by Sme, to recommend approval of the conditional use permit application of the Hennepin County Department of Transportation for a proposed sea wall of approximately 126 feet in length along the shore- line, adjacent to the Hendrickson boat ramp subject to the fol lowing conditions: MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 18, 1985. PAGE 2 #983 PEMBE'RTON continued Commission members questioned the possibility of the house being centered on the lot to meet the 10' side setback. Marilyn Pemberton stated the house could be centered but the garage could not be because of the necessary 22' needed to back out. Walter Pemberton stated that the ether adjacent neighbor, Don Lamont of 3570 North Shore Dri-e, was unable to be present but had no objections to a house being built. McDonald felt that the plans were too ambitious for the size of the lot and that the existing structu. •hould be used. She noted that the only variances she wouj.ci be willing to recommend would be lot and width area variances. Taylor, Kelley, and Goetten, felt that the request to build new residence was appropriate. Taylor agreed with the intent to minimize the hardcover by centering the house. Kelley proposed a combination of the optional site plans4 submitted as follows: 5' variance for the garage 20% hardcover variance in 0-75' 27% hardcover variance in 75-250' removal of deck if necessary to center house fill and grading - to be reviewed with staff lot area <:nd lot width variances It was moved t matter until approval upon Kelley's prev Kelley, seconded by McDonald, to table the! the December 16th meeting for conceptual; the submission of one sit#- plan based on� ous proposal. Motion, Ayes 6, Nays 0. i t987 ROBERT J. BAUMAN 0 4 0 TONICAWA ROAD VARIANCE PUBLIC HEARING 8:19 - 8:52 Chairman Callahan explained the request for average setba and hardcover variances to construct an enclosed pool. Chairman Callahan read into the record a letter from Jurgen Sti.elow of 1020 Tonkawa Road opposing to an average setback variance being granted. The letter also noted an "assortment of unattractive" vehicles in sight on the property. Mr. 6 Mrs. Bob Bauman were present for this matter. Mr.'; Bauman, referring t.othe unattractive vehicles, stated that; after the garage is finished being constructed, which should; have been done two months ago, the vehicles will be stored inside the garage. i I a 1 MINUT';S OF Till: PLANNING COMMISSION MEETING IIELD NOVEMBF:R 18, 1985. PAGE 3 i987 BADMAN continued Mr. Bauman stated conforms with the properties. that he felt that the proposed plan average setback based on all the area Assistant Zoning Administrator Gaff ron pointed out that the average setback is determined by the two adjacent properties only and, as shown in Exhibit E, does not conform with the average setback. Gertrude Noelting,1060 Tonkawa Road, was present and stated the proposed pool would be "ugly" from an outside view and felt it would diminish the value of her property. She stated that there is space to place the pool in another area. Marge Gasch, 1030 Tonkawa Road, was present and stated the pool would encroach upon their sight line and would effect their property value. She invited the Planning Commission to visit her home to view the sight problem. Taylor stated an aesthetic landscape plan should submitted. Chairman Callahan stated that elevation plan should also be submitted. Commission discussed various options for placement of deck and pool building. The Commission generally felt that the hardcover trade-off variance would not he a problem. There were no other persons present to speak on this matter and the public hearing was closed. it was moved by Chairman Callahan, seconded table this matter pending landscape, site, and elevation plans. Motion, Ayes 6, Nays #988 JAMES E. ?*RRTES 3237 CASCO CIRCLE by Goetten, to pool building, 0. VARIANCE PUBLIC HF.ARINC, 8:52 - 9:15 ,Tim and Ruthmary Mertes were present for this matter. Chairman Callahan explained the request for renewal of a lot width and lot area variance, which was previosly granted to owner, Douglas Smith, in February 1984 per Resolut ion 01.607. Doug Smith was present for this matter and stated that the applicant's, Mr. & Mrs. James Mertes, bought this property contingent upon renewal of these variances. Jane it Jack Remien, 3235 Casco Circle, were present for this matter. Jane Remien stated that they were unhappy about this becauziF! the lot i.s too small, as is their lot. December 15, 1985 Tot Orono Planning Commission Fromt Marjorie F. Gasch HEt Variance for 1040 Tonkawa Road We have lived in our home (1030 Tonkawa Road, just north of the Bauman's) for 30 years. We expect our home to be in the family for many years to come. We are concerned about the application for a variance at 1040 Tonkawa road and its effect on our property. While we have no objections to a pool on that property, we are opposed to the granting of a var%ante for a pool structure beyond the site -line. our opposition is based on the followingt 1. A variance is granted because of a hardship. What is the hardship in "nls application? 2- About six months ago the Baumans built a large addition on tho west side of their home for a studio and additional garages. If an enclosed pool was important to them, then that site should have been considered. 3. Four of the adjacent neighbors are opposed to the variance. To my knowledge, no neigh', --,or h&s stated sucport of it. 4. There is no other enclosed. pool In. this neighborhood. Thank ,you for your consideration of our concerns regarding this variance. J. q4';4L 6 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 S 2 FILE #987 WHEREAS, Robert J. Nauman (hereinafter "the applicant") is the owner of the property located at 1.040 Tonkawa Road within the City of Orono (hereinafter "City") and legally described as follows: Lot .10 and that part of Lot 9 lying Northerly of the following described line and its Easterly and Westerly extensions: Beginning at the point of intersection of the Westerly line of said Lot 9 with a line drawn parallel with and 140 feet South, measured at right angles, from the North line of said Lot 10; thence East along said parallel line 35 feet; thence deflecting left 4 degrees to an intersection with a line drawn parallel with and 111 feet South, measured at right angles, from said North line of Lot 10; thence East along said last. -described parallel line to the Easterly line of said Lot 9, and there ending, all in Auditor's Subdivision Numbor 217, Hennepin County, Minnesota according to the recorded plat thereof: the Northerly line of said Lot 10 is marked by Judicial Landmarks set pursuant to Torrens Case No. 17306, (hereinafter "property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 to permit the construction of an attached enclosed pool which will en- croach 15' into the average lakeshorF setback, and a variance to Section 10.22, Subdivision 2 to allow 39.4% hardcover in the 75-250' lakeshore setback Tone where only 25% hardcover is normally allowed. V.inn(,scta : NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #987. 2. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on N vemher 18 and December 16, 1985, and recommended approval of the proposed variances based upon the following findi!,qs: A) Applicant has a hardship in that there is no other feasible location for the pool addition. Page 1 of 4 C1t,yT of ORONO RESOLUTION OF THE CITY COUNCIL NO. B) The addition as designed will not substantially encroach on the lake views of neighboring property owners. C) The applicant has shown that he can remove existing hardcover so that there is no net resulting increase in hardcover, maintaining the pre-existing hardcover of 9,150 s.f. or 39.4% in the 75-250' setback zone. D) The proposed pool structure meets all other side and lakeshore setbacks of the LR-1B zoning district. 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 appli- cant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Flan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivision 1 to permit the construction of an attached enclosed pool which will encroach 15' into the average lakeshore setback, and a variance to Section 10.22, Subdivision 2 to allow 39.4% hardcover in the 75-250' setback zone where only 25% hardcover is normally allowed, subject to the following conditions: 1. Applicant shall remove 205 square feet of plastic sheeting from underneath the rock on the north side of the house in addition to the 623 square feet of blacktop already removed in order to compensate for the 828 square feet. of additional hard- cover created by the pool structure. Such plastic sheeting removal shall occur prior to final inspection of the pool structure. 2. Applicant shall submit revist�d pool structure plans coinciding with the survey showing an 181x46' addition, prior to issuance of a building permit. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. T:,is approval is specifically for a one story structure extendin, from the basement level of the house, and any future addition of a story above the pool level will require a new variance application. This condition does not prohibit applicant from using the roof of the pool structure as a deck with standard 36" mailing, but does prohibit enclosing of such deck. 4. Excavated material from the pool addition shall not be spread in the 0-75' lakeshore setback zone, and grading around the pool addition shall be limited to that necessary for the construction. 5. Authorities granted by this variance run with the property not with the-.7,plicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (January 13, 1,987). 6. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a v'olation 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 anj 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 t. e of the property. Adopted by the Orono City Council on this 1.3th day of January, 1986. ATTEST: Dorothy M. iiallin, City Clerk Mary C. Butler, Mayor (1) Property Owner Page 3 of 4 City of ORONO RESC_UTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) ss. COUNTY OF HENNEP:N ) On this _ _ day of , 1986 before me a Notary Public within and for said county, personally appeared __ known to me to be the person(s) cescribed 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 , 1986, 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 foregoinginGt.rument, and acknowledged that. he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 • To: Mayor Butler, Mark Bernhardson, City Admi nistra Lor ti ri� 14 1 -7 Orono Council Members /r From: Jeanne A. MaLusth, Zoning Admiinistrator ' �. i7oom" Date: January 7, 10,86 Subject: #979 Donald C. Wildman, 280 Wakefield Road - After -the -Fact Side Setback Variance for Accessory Structure Zoning District - RR-1B Area - 2+ Acres Application - Side Setback permit. Required = 10' Existing = 7' Variance = 3' cr 'CO% List of Exhibits for Tennis Court - Constructed without building Exhibit A Application Exhibit B - Plat Map Exhibit C - Property Owners I_,ist Exhibit D - Septic Report Exhibit E - Gaffron's review Exhibit F - SL.vey 11/30/83 Review of Application The tennis court was constructed for Donald C. Wildman sometime in 1984. The City has no record of a building permit being issued for the accessary structure. Mr. Wildman has sold the property a-- -ved to an- other residence within Orono. The substandard setback of t_ .finis court was never rea 1 i zed unt i 1 the most of f.ected neighbor had a su_ ey done of their property and were informed of the substa-lard setback at each corner of the tennis court. The current owner, Lloyd P. Johnson of 280 Wakefield Road, has asked that Wildman file the appropriate applications in order to address this matter. The current survey confirms the substandard setback of 7 feet from the lot line at both southern corners. The survey also confirms that the tennis court. was constructed over the alternate septic test area. The applicant has submitted additional septic testing confirming suitable area for septic expansion to the east of the house. Planninq Commission recommends approval of the after -the -fact setback variance application of Donald C. Wildman based on the following findings: 1. Most affected neighbor has not appeared in opposition to the location of tennis court.. 2. Suitable area for septic expansion has been located on property. Approval is subject to the condition that the applicant obtain after - the -fact "penalty" permit: for tennis court at $237.25. (Reqular fee* at $144.75, penalty feet at $92.50. ) The unclosed resolution has been drafted per the Planning Commission recommendation. CCity of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RE OLUTION GRANTING AN AFTER--THE-FACT VARIANCE TO MUNTCIPPL ZONING CODE SECTION SUBDIVISION 15 (F) FI' E #979 WHEREAS, Lloyd P. Tohnson (hereinaf.trr "the owner") has an interest in the property located at 280 Wakefiel6 Road within the City of Orono (hereinafter "City") !nd legally described as Lot 4, Block 1 Wakefield Farms Secund Additi)n, (hereinafter "property); and WHEREAS, Donald C. Wildman (hereinafter "the applicant") applied to the City for an aft�r-the-fact variance to Municipal Zoning Code Section 10.03, Subdivi ion 15 (F) to approve a tennis court constructed without a buildin permit located 7 feet at both southern corners from a side lot line stead of the required 1.0 feet. NOW, THEREFORE, BE RESOLVED by the City Council of Orono, Minnesota: 'INDINGS 1. This application was i viewed as Zoning File i979. 2. The property is locate! in the RR-113 Rural Residential Zoning District. 3. The Orono Planning C'ommi.ssion reviewed this application on December 16, 1985, and recommended approval of the proposed variance based upon the following finding;: A) Most affected neighbor has not. appeared in opposition to the location of the tennis court.. B) Substandard setback is only found at corners of the tennis court. C) Suitable area for septic expansion has been located on property. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by _ity staff, comments by the applicant and the effect of the proposed variance un the heal',h, safety and welfare of the community. Page 1 of City- of ORONO RESOLUTION OF THE CITY COUNCIL NO. 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 zoninq district; that granting the variance would not adversely a`f traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not Merely serves 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 appli- cant; and would be in keeping with the spirit and intent of the Zoning Cade and Comprehensive Pla.. of th City. CONCLUSIONS, ORDER AND COME OHS Based upon the above findings, the Orono City Council hereby grants an after -the -fact variance to the Municipal Zoning Code Section 10.03, Subdivision 15 (F) to allow a tennis court constructed without a building permit located 7 feet at both southern corners from a side lot line ins*,ead of the required 10 feet, subject to the following conditions: 1. Applicant must obtain a penalty building permit for con- struction c.,f the tennis court at a fee of �237.25. 2. Violation of or non-compliance with any of the terms conditions of this variance shall constitute a violation of zoning code, shall automa•.ically terminate any authority granted herein, and shall be puni!..,able as a misdemeanor. ?. 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 tt:e property. Adopted by the Orono City Council on t.t s 13th clay of January, 19P6. ATTEST: Dorothy M. tiallin, City Clerk 1 Property Owner :_ Mary C. Put ler, Mayor Page 2 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of v 1986 before me a Notai- blic within and for said county, personally appeared known to me to be the nerson(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 COWiISSION EXPIR" STATE ( .INNESOTA ) )ss. COUNTY CF FiENNEPTN ) On this day of , 1986, before me a Notary Public within and for said C p- finally appeared k wn 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 COMMISSaON EXPIRES Rage 3 of 3 CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per eac;► u( _t_onal pro ect) After -the -Fact Fees (Double application fee) ------------------------------------•----------------------------------- PROPERTY ;,OCATION ..ice Address �,� `` }/1''� <<��J'�i ly.Zi/R i • Property Identification Number (P. I. D. ) � � • �L! --� � �/-U��/ j' Please check one -- Is t a property /- abstract or torrens? Please attach legal description to application if not included pn required survey. S.aYp ---------------------------------•-------- _ 3 S __ 3 --- --�------- APPLICANT 2 NamePhone 4mai 1 inn Ad ress ' S_ -1e ►�s %� L� / ( �` �'� t s r : / -1-=-- --------- -- --------------------- Name Mailing Address Phone All- Tox ZV Z,�-• J 1 Date Property Acquired — (month/year) I (do) CD also own the adjacent parcels of land. -------------------------------------------------------------------------- PR- SENT USE OF PROPERI t Present Zoning District - �T #079 Present Use of Property Residenti Other (specify) - - - DESCRIPTION OF REQUESTEst.imatedConstruction C• st �/4r_gl. Descr -.------------------------------------------------------------------------- VARIANCES REQUIRED Lot Area I,ot Width Hardcover Setback Variance:. t Front i-- Side Rear) Other (OVER) HARDSHIP Describe undue hardship or practical difficult resulting from strict er)forcement rf zoning regulations: % t- -------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Descri.be unusual pro 7 rty conditions prev -iti.ng com liance w}�h Zoning Cope Re uir �fnis : ,w- c' 71j c- �i�% ,Il c' Cam_ PedDry f' Ctt� .' f�� 2' ' '/.' re y CAI; Y % A, *T lL rtl•_5 �_�� -ellfll _rL.'__ PPi__Jr�li�_T/•�-_ REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certif ied Property Owi.,srs List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no retLrn address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. The Applicant and Property Owner must sign thi. .pplication. Please remember that your variance: application is not complete if the above information has not been included. ----------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fe?-' and; or unusual expenses incurred in review of this application, and certifies th,.t the information supplied is true and coirect to the bust of his/hei i,_,ledge. Applicant's signature Date ' f OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, <--,-sultants, agents, commission members, and Council members for purposes of ostigation and %erification of this request. %- i , Owner's signature V(.,4Tr1�;,'7l{_T �S i -----------------------------------------------�--------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Coi„mission Meet inq. Planning Commission Meetings are held on the third Monday of each month. o� U X 25 Mr3 . `t d va it - 000!5 ` a+ J' WAK F N OC E tEID�FARM 0 "AY 2 AI � � �, ..�`'rO.�.D ,,, fir. .��► fi ,, � - � _ N 1 (g� o• � � 4 N s,. a .� P • t c Sz31 � N ��. os y N •s h '`� is �'-4 O Ne; � 04 � � ,�- -- x 00 310 4 r SUMMIT •� :.c. 2 Ar Pt1Mt DATE 09/23!85 BATCH 003 35 36-118-23 31 0011 PROP ADDR 00240 WAKEFIELD RD OVNTR NAME W t E FERRIL TAXPAYER WILLIAM A ELEANOR FEPRIL NAHE/ADDR 240 WAKEFIELD ROAD a* OPOttO MN 55391 dft 3.8 36-118-23 31 0014 PROP ADDR 003,20 WAKEFIELD RD MIER NAME FRANCIS T SIERMEIER TAXPAYER FFA!;CIS T BIEPMEIER jo, NAHE/ADDR 320 WAKEFIELD RD WAYZATA MN 55391 39 36-118-23 42 0003 PPOP ADDR OWI:ER NAME WAYZATA COUNTRY CLUB TAXPAYER. WAYZATA C WNTRY CLUB NAVE/ADDR PO BOX 151 WAYZATA MRt 55391 Am HV RIEPIN COUNTY PPOPEPTY INFOPMATION SYSTEM PROPERTY 0401EPS LIST 38 36-118--23 31 0012 00250 WAKEFIELD PO PAUL BASZUCKI PAUL BASZUCKI 250 WAKEFIELD PO WAYZATA MN 55391 38 36-118-23 31 0015 00360 WAKEFIELD PO C A A LENEAVE C WAYNE A ANGIE A LENEAVE 2725 VAGAL'OND LANE MPLS MN 55447 TOTAL BATCH 003 00007 REPORT NO. P1435401 PAGE 4 38 36-118-23 31 0013 00Z60 WAKEFIELD RD L A R JOHTr50N LLOYD P A ROSALI ID 6 "tr ..•;7N 280 WAKEFIELD RD WAYZATA MN 55391 38 36-118-23 31 0017 00375 WAKEFIELD PO D K A A C WARNER DALE K A ANN C WARNER 375 WAKEFIELD RO WAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE All ACCURATE AND TRUE REPPESENTATION OF INFCPMATION AS IT APPEARS THIS DATE ON THE RfCOPrS OF THE HENNEPIN COUttTY DEPARTMENT OF PPOPERTJ T#ttATI TOJ THE BEST OF MY KNOWLEDGE AND BELIEF. _ DATE ��" "' Y 12-9-85 SITE EVALUATION REPORT FOR DONALD WILDMAN Or LOT 4, BLOCK 1, WAKEFIELD FARMS SECOND ADDITION ORONO. MINNESOTA On November 30, 1985 one so i 1 boring was taken to the northeast of the existing drainfield area to see if sandy soils were present like those found previously on much of this lot. The soil boring contained as follows: Depth(feet) Material 0.0-0.5 Black Loam 0.5-1.3 Dark Brown Sandy Loam 1.3-5.5 Brown Sandy Loam 5.5-6.0 Brown Clay Loam No mottled soil or water table. Thus, the soils found were much the same as those before and this area near the new soil boring would support a future drainfield site if ever needed. Sincerely, PERCOR, )NC. Mark S. Gronberg PCA certified TO: Jeanne A. Mabusth FROM: Michael P. Gaffron, Assistant 7.oniny Administor DATL: December 9, 1985 SUBJECT: #979 - Donald Wildruan, 280 WaMefieid Road - Alternate Drain. ield Site When the Wildman's constructed the tennis court, they effectively lost the future use of ,eir previously tested and approved alternate drainfield site. we are now in receipt of a soil boring log indicating that suitable undisturbed soils exist directly east of the house for use as future drainfield. This is an area of relatively sandy soils, and while we could Expect no problems with the existing septic system for many years, there is room to replace the system should it ever become necessary. Certificateof Survey for Donald C. Wildman of Lot 4, Block 1, WAKEFIELD FARMS SECOND ADDITION Nennepir, County, Minnesota h(e3f 35-D.o0" 11 - -. �5,9 rr '1 y CK; eSoh 533.45 At - Orr . ! siI Trr loe^ x 17 . I ell SG ' 1 To: Fr(xm: Date: Mayor Butler Mark E. Bernhardson, City Administrator Orono Council Members Jeanne A. Mabusth, Zoning Administrator January 9, 1986 Subject: #980 Richard Keaveny, 3423 Shoreline Drive - A) Preliminary Subdivision - Second Review List of Exhibits Exhibit A - Cook's Letter of 12/5/85 Exhibit B - Zetterstrohm's Letter of 1/8/86 Exhibit C - County Sketch Sta - and both applicants met with the County Highway Department to discuss the possiblity of relocating the curb/right-of-way line along the Keaveny property in what we had hoped was an innovative approach to the -.ccess/safety/parking issue. Lambin's site planner advised that the access If Kelly was out after the 16.5' of ght-of-way was developed - placing the access 3 feet from intersection. The County was asked to consider reducing the taper so that the Kelly Avenue access would be still usable and by controlling the most eastern access to Keaveny site (shared ii,gress with restaurant) and by cutting back on the right-of-way dedication to the west, Keaveny could maintain the current number of parking space. The County has submitted a wri , cen response to the City's proposal, i.. iort.unately, denying our request. Please review Zetterstrohm's letter of 1/8/86 (Exhibit. B). The County will approve an egress only access on Shoreline Dri, f, as far west from the intersection of Kelly and (7ounty Road 15. They recur wend diagonal parking on Keaveny site if traffic flow is to be one way - ingress at shared access with restaurant and egress only at middle access (see Exhibit. C). Note the most western retail. use has been cited in the recommendation asking for ingress only at the west end and diagonal parking on west lot. The majority of these recommendations hove no bearing on the current subdivision review. The applicant, Keaveny has agreed to proceed with the division and accepts the dedication of additional right-of-way. Once again the applicant asks Council to address the following issues: 1. Who is financially responsible for the installation of signs and light posts and other improvements that result from the County's upgradinq of County Road 1.5? Staff is unable to give direction on this question until many other issues are first resolved by the City (example: potential of tax increment finance district, public/private! cost share, special, assessment). There are many alternatives available that will be considered by the City but we are ur-able to respond at. this tine. Zoning File 0980 January 9, 1986 Page 2 The C must deal with a more comprehensive approach rather than an individual response. We will. he dealing with several property owners affecteC by the County's upgrading of County Road 15 in the future and hope to establish an equitable policy for all.. 2. How will. the reduction in parking affect future and existing uses on his property? Staff has reviewed both existing and potential parking on the site (review City Engineer's sketch - Exhibit C) as follows: North Parking Area: a) Prior to County Road 15 Improvement Stalls Area Existing Required Liquor Store 1,056 s.f. 7 7 Drug Store 4,500 s.f. 33 30 Total 40 37 b) After County Road 15 Improvement (Possible loss of 20 parking stalls resulting from dedicat4on of right-of-way) Existing = 20 Required = 37 Cook advises that there may not be enough room to redesign for diagonal parking providing more efficient layout and picking up of additional spaces without an accurate survey relating to additional r-*•ht- of-way demand. Staff is unable to give accurate direction but possible that Keaveny will. lose a total of 20 spaces. Keaveny asks Council for direction concerning his plan to increase his selling floor area 1,000 s.f. This will create an additional. demand for 6 parkings stalls: Drug Store 5,` :: s.f. = 36 Liquor Store .1,056 s.f. = 7 43 Stalls Required 40 Stalls Available Prior to County Road Improvement 20 Stalls Available After County Road Improvement zoning File #980 January 9, 1986 Page 3 Keaveny has also asked that we address his plan to complete a western addition to his existing structure that will involve 2,600 s.f. of potential retail area for new use: Drug Store (with addn. retail area) 5,500 s.f. = 36 Liquor Store 1,056 s.f. = 7 Addition 2,600 3.f. = 17 60 Required 20 Existing After Improvement South Parking Area: - Serving bowling alley in basement of Keaveny Building Per Section 1.0.61 (M) 1 Alley Requires 6 Spaces 10 Alleys Existing Requires 60 Spaces Existing 61 Spaces Based on Expansion of Eastern Edge of Parking Lot Staff is not aware of any parking problems on the Keaveny E 'te - the loss of 20 spaces is severe. in consideration of a total future c'_emand for 120 (60 from upper levels and 60 fc. `� -ling alley) with a potential for 81 spaces. The southern parking lot ,ot used by customers using upper levels probably because of poor cona.1,A on of acre-s stairs to upper levels and lack of signage advising of available parking area to rear. The southern parking lot has never been used to full capcaity. Staff has no knowledge of new use proposed for. 2,600 s.f, addition and finds it difficult to make any recommer-lation concerning parking needs for this use. With the 1,000 s.f. commercial expansion within the drug store, the total. parking demand of 104 spaces with 81 existing spaces does not ,ppear a problem. Staff has responded to the effects of specific improvements of the Keaveny site in relation to the demands of the zoning code. The applicant ,Oust weight or coT'.sider the pros and eons or benefits he introduces restaurant demands, increas- in retail ciru(a area or, it addition. The applicant must make the 'ci s ion. Staff would suggest the following conditions be added to Planning Commissioi, recommendation for preliminary subdivision approval: 1. Applicant is placed on notice that the rear pc._kiny lot must be expanded to provide max -mum 51 stalls per City Engineer's sketch at P time the commercial expansion is planned for drug store. 2. Rebuild access stairs from rear park ng lot and provide adequate signage advising of addi-ional parking area to rear of building before Certificate of Occupancy is issue(] for restaurant. Zoning File #980 January 9, 1986 Page 4 Planning Commission Conditions: 1. Access onto Kelly Avenue must be closed off prior to final plat approval. 2. Future owner of Lot 2 must connect to municipal water. 3. Owner/applicant must either relocate loading berth or future owner of :: 2 grant easement. to Lot 1. for use of loading dock area. 4. Payment of park fee of $250.00 for newly created Lot 2. 5. Dedication of additional right -cif -way for County Road 15 per preliminary road plans of Heanepin County and as approved by the City of Or -no. An v NWom N Now" Pt .T33S 9// 7t.�. 11M..11w.q 36 _ -- Nh.Jltnd.A ,rmM.+ f',. '44' .w..A 53/13 Nw/we I. rw,wr.. P t Ptrt...6/1 ;36-*600 December 5; 1985 Clt4 of Orotlr Box 66 Crystal Ba-. , MN j 523 Attn: Me. je,iline Mabusth Re: File No. 139 Keaven- Property Dear Jeanne, t.w. V /' f A,, 1 K. Ar•d 11 ,.nl. Y, f/.•Mn t. N. M4ntw ! 1.wad ► t terry .i N.Iw •.arlt. f• I AWA i A 'Ir.nuv. Pt Iw,w/J. Pf Nw hw', r NYYItw..nw I' f N.A.! .i tyrAaM ,', hind D. Laa.4r. P t (AMAM A t - MWANO At (At'.•. We have -ev-,e, the a. •ble pa I on the Keaveny property. We looked at It►e best pax%ib.e layout which is 9U degree Prrking. +-•e parking atea between Co. Rd. 15 and the 'ruilding presently has 40 spaces. C1. Rd. 15 right-of-way acquisition will reduce the number o* spaces to 20. ►rM erea south of the building presently has about 47 spaces. This arA.a .:ou expanded to 61 st ver!, easi, y. The expansion would require some add 1 gur icing near h l,y Avenue. If you have questions, please contact this office. . I_ruly, ), ROSRNE, ANL,FRI.1K 6 ASSUCIATE3, II, ern R. r:,ok GKC : 1 i t/c 1 . 2291d , DEPARTMENT OF TRANSPORTATION 320 Washington Av, South = Hopkins, Minnesota 55343 +.;Si• HENNEPIN JJ-3381 1Y 935-6433 January 8, 1986 J nne Mabusth of Orono P.J. Box 66 Crystal Bay, Minnesota 55423 RE: Keaveriy/Lambin Site on C_ Jeanne: As you requested, tie have inquired about relocating the curb/right-of-way line along the frontage of the above site to better accommodate the proposed restaurant. Upon discussing the situation with Ted Hoffman, Hennepin County Deign Engineer, we have four-i that no changes can be made. The 35:1 taper is a standard design to provide good traffic flow id is part of the plan alread; 3pprovL-d by MN/DOT t:tate Aid and the City of Orono. Moreover, changing this design would not only require re -reviews and approvals but would not serve the storing public nea-ly as we,l. HL-over, the concept of , ,hared "enter or'y" entrance between the restaurant and .?tall sites, with app.-opriate diage.r.-, parking on the retail site anti one-way circulation has some merit. :f this proposal can be arranged in conjunction with the access easement for _ne 1,,quor store and the addition&, right-of-way dedication along Shoreline, Hennepin County will permit ,n "W t only" driveway frc- the restaurant onto ', ?rel�!ne approximately stra 't out from the drive-u;, winrlow(see enclosed The plan, then, should show(,rom e,,.-., west): 1) A 24 foot *'de exit on!) Shoreline as far west as practicable from Melly Avenue. 2' A 30 foot wide enter only between the restaurant a,io retail Sit 3) 2 %gr al parking for the retail site 4) Ar exit only in the midule of the retail site 5) Diagonal parking in the opposite direction on the west ret 41, lot. 6) An enter only at the far west end. HENNEPIN COUNTY cin rtquai upponunitv employer 7) All constructionireconstruction in existiny an0 future rigr,t- of-way in bituminous - no new concrete. 8) An indication of no landscape damage liability for anything placed within future right-of-way. We hope these items meet with municipal approval and will finally resolve the problems in this area. When the municipal concerns have been addressed, a permit must be processed from this office for the work in CSAH 15 right-of-way. if there are further questions, please call. Yours,truly, David K. Zetterstrom Entrance Permit Coordinator DKZ/sjb cc: P. B. Murphy, Hennepin Countv "aintenance Engiree W. A. Matsumoto, Traffic Oaei ons Englrtcr Encl. 8 �O a d i z—s—eL PIBG. a HTG. I= pA�G WAY 1 ELK. 1 r i- - - - - - - - ----- 1 b BLK I -$-BR. d BLK. -s- a ILK. JIMMIES MUNGE ----- - --- -- 30Q' PARKING LANE G V 17q `j�77�76 TO: Mayor Butler Mark Bernhardson, City Administrator Orono Council Member3 FROM: Jeanne A. Mabusth, Zoning Administrator i.va. DATE: January 9, 1986 SUBJ: #982 John C. Lambin, 3405 Shoreline Drive Commercial Site Plan & Conditional Use Permit Review of Revised Plan - Second Review Plan to be reviewed at Council Meeting Mr. 1.ar,.:b.-n wi 11 be present to answer any quest:, on you may have on the exhaust system. It is his opinion that the unit to be used is the best available and that the key to good performance is regular cleaning maintenar--e. The applicant will present a revised plan designating a 24 foot wide egress only near the intersection of Kelly and Shoreline - on Shoreline with no direct access onto Kelly. Ingress of 30 feet will. be shared with Keaveny site. Parkinq will be revised to accomodate new access location. Fi+7al approval w.i.11 require that both Lambin & Keaveny execute an agreement providing for additional parking spaces within south parking lot to rear of structures providing required 17 total spaces. Council can only grant conceptual approval of restaurant use and commercial site plan at this stage of the review. Formal approval shall be granted at the time the pi at receives final approval. TO: Mayor Butler Mark Bernhardson, City Adi.iinistrator Orono Council Members FROM: Jeanne A. Mabusth, Building & Zoning Administrator DATE: January 9, 1986 SUBJ: B Request for Building Permit for Lot 2 (proposed site of chicken restaurant) Prior to Final Plat Approval The City Attorney in her memo of 12/23/85 advised that our code_ does not permit the granting of variances speci`ically excluding the Ci ty's power to grant .,ar_ j ances to procedural provisions of Chapter 11. Please review the subject memo from Kathleen Blatz. The applicants, both Lambin and Keaveny, have been advised of the City's position on this matter. JAM/pp POPHAM. HAIK, SCHNGBRICH, KAUFMAN 6 DOTY. LTD, r-IEMOltACJDUM E40 _ D TO: City Administrator Mark Bernhardson L FROM: City AtAttorneyCITY OF ORONO DATE: December 23, 1985 RE: Granting of a Building Permit Prior to Final Subdivision Approval ISSUE: The City has requested that our office render an opinion as to whether or not the City may issue a building permit prior to final subdivision approval. ANALYo I S : Orono City's Code, Section 11.10, Subd. 1, provides that no building permit may be issued by the City for the construction of any building, structure or improvement to the land in the proposed subdivision until all the requirements in Chapter 11 have been completed, including thy; official recording of the final subdivision ,)lat, Subdivision 1 continue,; to state that when specifically authorized by Chapter 11 and approved by the Council, permits may be issued for the constructions of certain improvements such as roams, utilities .ind drainage structures. The language in Section 11.10, Subd. 1, is very narrow, providing for '-.ho issuance of permits only in a few circumstances. The i.:suancF! of a building pormi t is not specifically mentioned and, theriiforµ, could not b,r issued until the final subdivigion has been approve —I and filed. The i- .;u.r then revolve!, around whether or ,ot the applicant uviy approach thH City Council for a variance to the requirements set forth in Section 11.10, Subd. I. Sec-1-ion 11.02, Subd. l0, allows the City to grant. variances when it finds an extraordinary hardship or practical difficu:ty would result from the strict compliant with the provi,;io.is; of Chapter 11. Subdivision 10(a), however, doC.. exclude procedlir.,il provisions of the chapter from the I'ity's power Lo 1rant variant-, ,. Thy:+ ex,-,ct language reads as follows: Subd. 10. Variances. A. Standards. Where the City finds that extraordinary hardships or practical difficulties may result from strict compliance with the provisions of this Chapter, other than the procedural provisions, and,the purposes of this Chapter may be served to a greater extent by an alternative proposal, the City may approve variances to this Chapter so that substantial justice may be done and the public interest secured, provided that such a varian.e shall not ha-e the effect of nullifying the intent and purpose of this Chapter; and further provided the City shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case ... (emphasis added). Given tr,-� fact that the issuance of a building permit, as outlined in Section 11.10, is a procedural requirement, it would not come under the variance powers of the City Council. Furthermore, it could be argued that even if a variance could be issued, the Council would have a difficult time arriving at a legal rationale for supporting the building permit issuance. Specifically, the City would have to look at whether or not the variance would be based on characteristics unique to the property and not applicable generally to other property and whether or not the hardship caused by the withholding of the variance would be due more to the particular physical surroundings versus a hardship based strictly on the inconvenience to the subdivider. If you have any further questions about this matter, please du nr.)t: ,, ;.a. . to give me a call. KABfjk 3908e 2.. 1�- To: Orono Council Members 11 From: Michael P. Gaffron, Assistant Zoning Admini-s�t.r�.�z}�^_1 Date: January 7, 1986 Subject: #9t13 Walter & Marilyn Pemberton, 3580 North Shore Drive - Variance Zoning District - LR-lC, 1/2 Acre Application - Remove existing cabin, replace with new home and tuck -under garage. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Series of Alternate Proposals Exhibit E - Final Proposal (Per Planning Commission Recommendation) Exhibit F - Memos 10/10/85, 11/13/85, 12/11/85; .:inutes 10/21/85, 11/18/85, 12/16/85; Notice 1/2/86 Exhibit G - 1973 Division Action Exhibit H - 1976 Variance Denial Brief History of the Property Prior to 1973, Lots 6 and 7, "Bal.dur Park," were combined for tax purposes a-' included a residence on Lot 6 (3570 North Shore Drive) and a cabin on L,.. 7 (3580 North Shore Drive). Council action in June 1973 allowed the combined lots to be split, and Lot 7 with the cabin was sold off. In 1976, a prospective buyer of Lot 7, Mr. Frank Slawson, requested a variance to add on to the cabin, which would approximately double the hardcover on the lot. That \,ariance was denied. The Pemberton's acquired the property about 1981 and it has been used only as a summer cabin while they have owned it. Proposal The Pemberton', wise, to remove the existing cabin and replace it with a year-round residence and garage. Virtually any work on the property requires variances due to the proximity to lakeshore and the small 1•)t ark-4 (1.1,130 s.f. includes road). This item first went to the Planning Ccmmision on October 21, 1935, proposing s 40'x24' house with detached 22'x25' garage and a lengthy drive- way (see Exhibit D). This proposal would have required extensive variances, including over 30* 0-75' hardcover (see memo of 10/10/85). Tt,e Planning Commission moved to table this item to allow applicant to revise the proposal co decrease the extent of variances required. The item was brought back to Planning Commission in November with a number of revised site plans, each with 't.s unique tradeoffs. At -his point., the Planning Commission directed applicant to adhere to the following guidelines (and tabled again until December): - 0-75' hardcover (north) - m.ixi.mum 20% - Tuck -under garage left setback - 5' (5' variance) - Remainder of house left setback - 10' (no variance) - Limit fill in 0-75' only to minimal. amounts - Meat avorage street setback Zoning Fi lea 01, January 7, '41936 Page 2 of i At the Decmoer Planning Commission meeting, a site plan was presented which met all tt►e requirements the; Planning-ommiss_on had requested except a 1' deck encroachment into the average street setback. The Planning Commission voted 4 to 2 to recommend approval as follows (see Exhibit E): 1. I,ot area/lot width variance granted. 2. Left side yard setback - 5' garage, 10' house (tuck -under garage configuration). 3. 0-75' hardcover: 20% maximu►n 23' encroachment of structure into 75' setback. 4. 75-250' hardcover: 52% maximum. 5. Average street setback: 1' variance (corner of house 28' from assumed R.O.W.; deck 20' from assumed R.O.W.). 6. Deck may not be enclosed. 7. Applicant to notify staff immediately prior to any grading work in 0-77' setback area. 8. Applicant to maintain erosion control measures on property during construction. y_ Site plan subject to further review if final plans indicate substantial changes from approved site plan. 10. House must meet building .:.)de requireme►. s. The minority opinion of the Planning Commission was that the proposal was too extensive for this lot and the variances needed could be reduced or eliminated using a di.ffeient house configuration. Ple?se re-,,.- a previous memos and minutes relating to this appl tion. The applican- ,iave refired their proposal to the minimum hardcover possible while sti l 1 maintaining their concept of un A -frame type ho-se with garage at the rear to preserve their soothe ly lake -ws. Any further re::trictiors would likely require a different house/ga: 'driveway concept than what they are rpquvst.inq. Both neighbors have con, ted they e gc°nera l 1 y in favor of the Pembert on's proposal as opposed to what is ..ere now. Note that this application i-- similar to this application of rick Carl (3658 North Shore Drive) which allowed a 50' setback and additional 0-75' hardcover; and to that of Theordore Anderson at. 1940 uhadvwoud Road, next to the Coffee Bridge, again allowing new additions and hardcover in the 0- 75' zone. A resolution reflectinq the Planninq Commission recomme:►dations is -ttached :or your review. CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per Each additional pr(.ject) After -the -Fact FLes (Double application fee) -------------------------------------------------------------------------- PROPERTY LOCATION Site A-3 d r c s s�/��� Property Identification Number (P.I.D.) L,2 1 Please check one -- is the property (/" abstract or orrens? Please attach legal description, tc appl•ic-ation if not included on required survey. -- - ----- ------ ----- ------- APPLICANT Na.,iie i��T�, ��� 'D/' Phone Q.3-1- ( 3 Mailing Address 4� �i�t vle ---------------- CNER--------------------------------------------- Name /���1Gh'(, _ _.. Phone Mailing Address -i-q7P/: �,'yT7 Ted,✓• Pate Property Acquired l�--� (month/year) I ( do not also own the adjacent parcels ------------------------------------._---------- PRESENT USE OF PROPERTY - Prese.•,t ?,oninq Dist Present Use of F :1perty Rr!sidentia1 ,7 Other (specify) --------_______---__------ ------------------------ 4 �r--- --7 OESC:RI:K'TION OF REQUEST Estimated Consti :.ction Cost S if ©t�-VAft De. cribe request. in Detail: fflA_. VANIAi1CNS REQUIRED I.ot Arco Lot Width Hardcover Setback Variances ( Front Side hear` J t 1, (OVLR) HARDSHIP Describe undue hardship or practical difficulty resulting f:-om strict enforcement of zoning regulations- ------------------------------------------------------------------------ DESCRIPTION OF UNUSUAL. PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zo y-4/% Requirements:%gl"/�?� �'c'cit�f'r', �i�rl �r?�..� aZS•_ SUBMITTALS 1. Cc,. ,.feted Apt '.cation Form. 2. Certified Property Owne, s Li t of owners within 15u' (you can obtain this list from Hennepin County Departmui,t of Finance A-603 Government. Center 348-3271 ) 3. Stamped, legal sized envelopes (110) pre-addressP-i to eac, of the names c , the above list with no .return address. 4. Certificate of survey including hardcover -:u:ations Ps required. -� 5. Plat Map. Tsie Applica and ^roperty Owner must sign this .application. r-ease remember that: your iance appl. Lion is not complete if the above in'_ rmation has not been include:u. APPLI C:AN".' ' ,', SIGNATURE T e appla it ' ei• ayr(_.F!s to provide a? : informaticn re,,._red or requested by the Zr, niny Ad, •_ sttcror, agrees to p, y all fees and/or u -:: - :iJ expenses incur aci in ievi ow of this appl ication, and certif ies ".hat tha infuir,.z ` ion supplied is •. •� and cc -rect to the bast of h�11 h r knoleda,or - Applicant's s',natu~e late��r" OWNERS 1ICHA:'URE The owner hereby acknowledges i .' agrees t(tt;is ar-•licat.ion ar.d fui ,F!r at,thorizes reasonable ent y onto the pr --y by Cit, s*,,f`, consult s, agents, commission nembors, and Council r.;f.. s for purpob•,: investig,at. ,,n and ver.ificr' ion of /th{ :, rc, est . ,•� Owner' sic•r..�turf L �!_�-�� Appliri must have all air.:m.tt. is �.nto tie city off ic^ Planning Cc,n.,nission Meet i- ulanninq Cc,,.., i scion Meet inq, Monday of etach month. / } ie-s bef -)re thi- s hni-i on the third RLN DATE 09/20/85 BATCH 005 38 08-117-23 34 0001 PROP ADDR 01dIER NAME HENNFPIN MINTY TAXPAYER HENN COUNTY NAME/ADCR 38 08 117-23 34 OOZO PROP ADDR 03580 NORTH SHORE OR OWNER NAt:E PERCY C GOBEL ETAL TAXPAYER WALTER PEMBERTON NAME/ADDR 4567 GAYW000 DRIVE MINNETONKA MN 55343 38 08-117-23 34 0025 PROP ADDR OWNER NAME EDWARD H SPINDLER TAXPAYER ESTATE 0! EDWARD SPINDLER NAME/ADDR C/O LARKIN. HOFFMAN, DALY 7900 XERXES AVE S SUITE 1500 BLOOMINGTON MN 55431 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM VOPERTY 06NERS LIST 38 08-117•-23 34 0011 C3605 NORTH FHORE DR L!:'PENCE A JONES S WIFE LAWRENCE L ARDELL JONES 3605 NORTH SHORE DR WAYZATA MN 55391 38 08-117-23 34 0022 03590 NORTH SHORE DR L A M FEGERS V'PILYN E FEGERS 3590 NOPTH SHORE DRIVE WAYZATA MN 55391 38 08-117-23 34 0055 03550 NORTH SHORE DR T i A ARNOLOY THOMAS E ARNOIDY 3550 NORTH SHOPE DR ORONO MN 55391 REPORT NO, PI435401 PAGE 9 38 08-117-23 34 0019 03570 NORTH SHORE OR DONALD JEROME LAMONI 0014ALD J LAMONT 70 NORTH 51,DPE OR ORONO MN 5539: 38 06-117-23 34 0023 03598 WIRTH SHORE OR L 6 LA BRESH ETAL LESLIE 6 LA BRESH 4575 WAYZATA BLVD MAPLE °LAIN MN SS359 38 08-117-23 34 0056 03587 NORTH SHORE DR ROtaLD L CHRISTENSEN 4 WIFE RONALD i MAYM H CHRISTENSEN 3587 NORTH SHORE OR WAYZATA MN 55391 7-6 08-11'-2i W 0059 38 08-117-23 43 0011 PROP ADDR 01428 BALDUt PARK RD 03540 NORTH SHORE DR OUNER NAt1E G i H ROTH JAMES R PETTIPIECE ETAL TAXPAYER GUENTHER R ROTH JAMES R PETTIPIECE T,'AL EATCH 005 00011 NAME/ADDR 4603 ELLEPOALE RD 3540 NORTH SHORE DRIVE MINNETONKA MN 55343 WAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN V JRATE AND TRUE REPRESENTATION Of INFORMATION AS IT APPEAP5 T1— DATE ON THE RECORDS OF THE HENNEPiN COUNTY DEPARTMENT Of PROPERTY TAXAT ,_TO THE BEST OF MY KNOWLEDGE AND BELIEF. OAT i Y • � NZ � � 1��/� l y it �A,• 40 { ApgPTwl of lAO 2AIoct 1, 36 %1i�Z 777 4005�, crysool Day vk•. n34C 1- ! 1 '7 M 17 72 rt if i c ate of Survey for Walter Ii. Pemitiorlon of Lut 7, 01.-.ck 2, Bj:dur Park Hennepin County, Rirr—soti ro'53- 0 CP I N IF k Pao P0 z A L. 1— T5' 5,.. I hereby certify that this Is a true and correct represent- 1tiom of a survey of the boundarii.,. Lot 7, Block 2, 11181dur Park, the location Of All existing buildings, if any, thereon, and the I. proposed !Ocatlon of a 'Af !J0 Proposedhouse, garage. and driveway. It does not purport to show any other improvements or encroachments. COFFIN & fiRUNDERG, INL. Mark S. Gronb rq C —17, —N. 7 12-7 5' —5 Gordon R. Coffin Lic. No. 6064 Engineers and Land Surveyor, LAKE Tony Lake, Minnesota MINNf TON&'A Scale: I inch - 20 feet Date September 25. 1965 iron marker Pftf*ted c", ��Pj3 HARDCOVER CALCULATIONS Staff Review OF'tC�lNAL f'�Pc+� L. 0-75' North Lot Area - 4,180 s.f. Existing (portion of cabin) = 160 s.f. = 3.8% Proposed: (Portion of house & deck) = 230 s.f. (Garage) = 550 s.f. (Driveway) = 610 s.f. ------------ Total = 1,390 s.f. or 33.2% 75-250' Middle I.ot Area = 3,140 s.f. Existing: (Cabin) = 500 s.f.. (Driveway) = 140 s.f. Total = 640 s.f. or 20.4% Proposed: (House) - 720 s.f. (Driveway) = 580 s.f. (Deck)* = 300 s.f. ------------ Total = 1,600 s.f. or 51.0% *Not included in submitted calculations; perhaps proposing special deck treatment...? 0-75' South (Same as submitted calculations - all hardcover is county road pavement or a small segment of driveway. No changes proposed.) i Certifl("ALP ,f Surrey for Walter It Pemt!vrton of lot /, hock 2. Ualdur tar*, lie nve1)1n to unty. Hi nrn rr A ..Cl � � 1 N �.m 9�� L j4 / r 9jG ,� 1) NOUSt MtAeW----f`1 eAlt . %.•s / � � p /'ce.wti PwoP �Irup (,Arr s.-.wwea w; Z) G 4OAe ! 2 1 x z 4 ce.. a s str/ n w,4 , K. To .7 a r z z 1 a a I.— T5 c . / N..tA..►It..l7 .L►nG'► •y, ti`pyCS 2 I,S r sAt/4t.-r rMru.ruK, �1r � •fi. G) 0.7S r I�I.etXa9JCC• 1 S t /347 32 7 ie s 7 1qjO 2 5D' ra+e+� �eve2 r r. 1 S 0 1'N �OR 34.1 f (f D.-a s Mna �r {{ I..► T5' i.r►. ♦ ! I - G7i.:� ; 4. ro-.,s I f '�. jS►., tk..•t..ry el...l.. 13 (off I . that th` s _ (br orrect represent- ey of the bourdariesBaldur /`� y�'+, '�r•'i, �� 3c�•7 ^�� Park, �.exlstingbuilQnnys, i,•%r 3►t r•J'.' and thej'_"=; -• garage, and e es not purport 1•�• 4!'1- r �/90 s f� °ry r improvements cr r"O x �; i2-1 3St r „ yl• , .� . -r1 RG, IRC. its 7 uwt4Vrr 'C Ok Cunt RF g Llc. N� / N^ AAAPcrvrre. rs•,so' _ , r n Lc. Nu. FO�o4 "I wLAKE rr ,.o. i..4r. ,�..� ,(,and Surveyors ,y — esota / y ht:NNC?c71YKA Sale: I Inch - 20 feet Date September 25, 1965 o Iron marker rrc f••:.ed Co►%O, ---�N E.•st,nq C.,, �e .n. t `l /A,T w,hrN .. Sty• rfr, r;r.q• .'/. ahrC. 1� hU.r.uu✓c�c - r, .s' 32'7 N'1.•,% r 1r Alt T Ae rTvkhe * A,. r 1 % ♦ � [r•.., i\� �.tl (Rnpwt. trn.0 r�.'( ;nr !� --• r (. /,) : rAt Ss"l.�lK L• i 1,••11e.�11 r r ., •�( S . x, ,n••r !•'CnC pale, 4 Certificate of Survoy for Natter if. Pembcrtno of Ict 1, block 2. Baldur Par, e+lp tlenne,•in County, Minncsota h A' J ��r „6 1 � T�``T p� ,rape 1 c r K) N / / t v sy ur r �j�rd` cPr�v eJ�G F^f pa t'Y ,I 1� •�� • k C?''C%�'� 'L t'K 4 � r' t i ► `o L.. t 5' S.. r �Rb I r,ereby certify that thli �• .� „�' , is a true and correct represent- ' ation of a survey of the boundaries / 7✓ �� '.� Lot 7, Block 2, 841dur Park, the ; ✓� '+� location of all existing buildings, It any, thereon, and the ,�'•� >:, ,,, proposed lou:ion . f a0.+�f; Proposed house, garage, and iriveway. It does ^ut purpotl to show any other Improvements r '/ �,p.0 *� rys•, en-roachments. "t { COFFIN 8 GRONBERG, INC. MirK S. Gronberg Lic. No. 12,55 a Gordon R. Coffin Lic, Nc. 6064 �J AK! fnginpers and Land Surveyor; L. / v l.arg Lake, Minnesota f MINNET0MYA Scale I inch . 20 feet Date Septembe^ 25, '9pr 0 Iron marker �' rWPo.t[t .an .eon E, of -I c"u #�� 3 `1C�i h Xf � 1 it / z that this sett represent - of the boundarW oldur Part, the xistlnp bulldings, and the of a _r— arage. and not purport Q Improvements or INC. +to @r llc. No. 1275 lic, No. 6064 Al d Surveyor, ota 1G141 cr` S '• :o feet .,..-.<. 5. 1985 o Iron marker -L+ID- r 06ed Cord++,r• 1..'?of f., ff3 C"+.., vt'rtlflfate of survey for 1 \ 1 Waiter 11. Vcmbertor' of lot 7, Ulock 2. Ualdur Par,. / Hennepin Cuunty, HlnneSoto IIrS7i�ti!1' •,fit>t t nv> _ 1> c•r n.! ,4f..b J k,vc, c:r1.'r.wtr� r i'f"0 'TZ� K �e /1 flt r9NMt / if,. K n.IT BE 1/ , ro*f" f. %re s /'r.•r'. L /y't C'R ?.S•C•LUlL"R ',HAf`� FSt13t M�4 Nn•n( NrtAwft..ty steal..• L, �- ?S N/L(-`6OVe'40I S °,, -7> -:=5 2ir� N„rtc,ra-✓ram /i f P cRMu 3 � rAd K rc��r r�Hs j'Cora :At IS /`+0Y('-c'1 BAeK _k4,4. �J f,. n / N f)'r•• L A,Y E / Y MINHETOMA i \ t ../K.... tewi rN i' "�, .�.qwl hr,.A G) j't`'(' '�'+fiAPK 7 � .N '.r►�V+ rr" iC' i•Pf►T+ - F��x t Gs•�c:t• c v CertIflcate of Survey (oy Wait e• t:. Pemberton RyS o nHennepir County, MBnnesotaart �f rr � e. � M4 is 4 ♦.Y. 6•IAh6 S%•7 r , vIV blr-L N180 le / � �� / �s isa' tJ•tae�v�r PA-4 4 r I 2 AU /b 1.-1N0 /... 1 � , ,'�S..tA•ati•,ly �1..•l... tf7 ` o i Hereby rtify th s • i .�✓� .� :'"�'•. is a true d cor represent - ation of a r f the bounuarir: � �t<'a ���, • '�,, Lot 1, Block. 6aldur Park, the A location a:; existing buildings, ! ys r''_•, :f any, ereon, an,' the k °ram proposed location c, a is 1 a�p•'.y/ t C proposed house, garage, and driveway, It does not purport to shave any other Improvements or encroachments, j "ram COFFIR 6 GRONDLRG, INC. Mark S. Gronberg L1C. No. 12755 Gordon R. Coffin Lic. No, 6064 % LAKE and Land Surveyors Lake, Minnesota % MINNfI"ONkA Scale. 1 Inch - 20 feet Date September 25, 1985 o !run marker '-d1- Proposed c"t•u, i so � A) n r Tlm% r ON A.0 . jw ZONING PITY.. 00. `1 8 3 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.0 Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 1/2/86 ----------------------------------------------------------------------- TO: Walter & Marilyn Pemberton COPIES TO: 4567 Gaywood Roa3 Minnetonka, MN 55343 TYPE OF APPLICATION: XX Va iance ---------------------------- ----------------------------------------- Date of Meeting: 12/16/85 Vote: 4 For 2 Against Planning Commission recommerls the following: XX Approval: Subject to c nditions noted below NOTES AND SPECIAL CONDITION!: 1. Left side yard setback •- 5' garage, 10' house (tuckunder garage configuration). 2. 0-75' hardcover: 20% max mum. 3. 75--250' hardcover: 52% v ximum. 4. Aver -age street setback: 1' variance (corner of house 28' from assumed R.O.W.; deck 20' from assumed R.O.W. ). 5. Lot area/lot width varian e1rar.ted. 6. Deck may not be ?closed. 7. Applicant to notify staff i if-Aiately prior to any grading work in 0-75' setback area. 8. Applicant to maintain eros.)n control measures on property during construction. 9. Site plan subD-ct to f.urt'ier review if final plans indicate sub- stantial changes from approved site plan. 10. house must meet building code requirements. Plani.i.ng Commission noted the small size of the lot as a viable hardship. This item will be scheduled for Council action on January 13, 1986. ----------------------------------------------------------------.------ Applicant's next scheduled meeting is confirmed as: Council January 13, 1986 If the applicant has trouble obtaining additional information, please contact the Zoning Department (473-7357). if you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning commission. MI HUT}.; OF THE' PLANNJ NG COMMISSION MEETING HELD DrCE:MBF.R 16, 1.985. PAGE 4 1979 DONALD C. WILDMAN 280 WAKEFIXLD ROAD AFTER-TIIE-FACT SIDE. SETBACK VARIANCE CONTINUATION OF PUBLIC HEARING 11:16 - 11:20 PM No one present for this application. It. was moved by Sime, seconded by McDonald, to recommend approval of the after -the -fact setback variance application of Donald C. Wildman based on the following findings: 1. Most affected n�:ighbor has not appeared in opposition to the location of tennis court. 2. Suitable area for septic expansion has been located on property. Approval is subject to the condition that applicant obtain after -the -fact "penalty" permit for tennis court at $237.25. Motion, Ayes 6, Nays 0. WALTER 6 MARILYN PEMBERTON NORTH SHORE DRIVE. VARIANCES THIRD REVIEW Assistant Zoning Administrator Gaffron noted the affidavit of publication and ce—ificate of mailing. Walter and Marilyn Pemberton were present. Lou and Marilyn Fegers of 3590 North Sh,)re Dr.ve were present from, the public-. Kelley stated his concern for approving this application woen the proposed house does rot meet the City and State Building Code. Assistant Zoning Administrator Gaffron noted the reason this type of house does not meet code, per Building Inspector Tom Jacob's memo, it that it cannot be inspected because it is panelized construction and wall sections are already con- structed before they arrive on the site. Mr. Pemberton explained that this type of house comes as a shell. The electrical, plumbing etc. is not included, thus it can be inspected because everything is not enclosed. It was moved by Kelley, seconded by Sime, to recommend approval for Walter and Marilyn Pemberton for the following variances: side yard setback for garage only of 51, hardcover variance of 20' in the 0-75' zone, hardcover variance of 2`, % in 75-2 n' ,( and an average str et set- back for the deck only of I' t)ased on the rest ric ve lot size ze and subject to the fol lowi: q conditions: MINUTES OF THE PLAFNING COMMISSION MFP,TING IIELU DECFABER 16, 1985. PACE. 5 #983 WALTER If. PEMBERTON 1. To limit the: fill :n the 0-75' zone to only that necessary to accomodate the garage, and driveway back-up apron. 2. The proposed house must meet all specifications of the Building Inspector of the City of Orono. If the house changes in proportion, the applicant must come back for review by the Planning Commission and Council. 3. Applicant must inform the City of the date of which the fi i i will be delivered to the lot. 4. Front (leek must remain as an open deck - it cannot be enclosed. 5. Staff to secure proper erosion control. Mr. Pemberton questioned if no fill is required, because of the push back of the garage, will staff Ftill have to monitor. Kelle_ stated that yes, the Citv_ still should be notified at that point. Motion, Ayes 4, Nuys .'_. Chairman Callahan opposed the motion because the lot is too small for the proposed house and garage, and the variances could be eliminated if the applicant were to build only on the existing foundation. McDonald also opp-)sed the motion based on the same findings as Chairman Callahan and also the City should maintain a mix of housing, all incone levels and family sizes. 1987 ROBE3RT ,.J . RAUMAN 1040 TGNK:AWA ROAD VARIANCE. SECOND REVIEW Robert and Joan Bauman were present. Bob Gasch of 2960 Fox Street and Marge Gasch of 1030 Tonkawa Road were also present from the public. Assistant Zoninq Administrator Gaffron presented the Commission with a letter submitted by the Marge Gasch which Chairman Callahan read (Exhibit B). Kelley clarified that there is no need for a hardcover variance because of the trade-offs done for a previous appli- ation and the only variance needed is for average Lakeshore setback. To: Planning Commission Members From: Michael P. Gaffron, Assistant Zoning Administrator Date: December 11, 1985 Subject: #983 Walter & Marilyn Pemberton, 3580 N.)rth Shore _ive - Variance - Third Review L. ., . of Exhibits Exhibit A - Planning Commission Minutes of 11/18/85 Exhibit B - Notice to Applicant of 11/21/85 Exhibit C - Revised Proposal Meeting General Guidelines Stated by Planning Commission or. 11/18/85 Exhibit b - Conceptual Sketch of Proposed House With Neighboring Houses (not to scale) Exhibit E - Memo From Tom Jacobs, Building Inspector The applicants have given consideration t-i a number of proposals and the one before you falls within the general quidelines set up by the Planning Commission at your November meeting, as follows: ?. House 24'x44'; garage tuckunder off -set 5'x2.0'; driveway with backup apron. House set. 3' back from existir front line (and 3' behind Fegers). 2.. House portion ends up 10' from lot line and 16.5' from Fegers house. Garage poi t.ion ends up 5' from lot line and 11' from corner of Feger's house. 3. No average Lakeshore setback variance required on north side. 4. Deck in front encroaches only l' into average street setback, and is 20' from assumed P.O.W. line, and 33' frc,m edge of pavement. House is 28' from assumed R.U.W.; 41' from edge of pavement. Since our yard setback requirement does not specify where to measure when the street. lot line does not exist, and defines yard area required as 30' in this case, and the aien betwcon the deck an(- the pavement is 33' of open space with no structure, doesn't the deck actually meet the yard re- quirement? 5. Plan recuires minimal fill/cut in 0-75' setback zone. 6. Hardcover limits set t,y Planning Commission at November meeting are not exceeded. (Calculations at upper right of survey.) Two further items of note: first, from the stz -,)oint of consistent action, your recommendation on this application wii.l likely affect your recommendation on the Meline/LaBresh appli, ion two doors down (#999). Secondly, I am informed by Building Insps _t:or, Tom Jacobs, that the panelized construction building proposed has not been approved by the State Building Code Division as meeting SBC/ICBO standards. The builder, David Nelson (Woodmark Homes), has not to our knowledge provided the information to the State that is needed to gain Staid c:ippi Gval. Unless the con st.ruction method is granted approval by the State, the proposed house will not, be approved fo-- construction in Orono. Hence, there is a possibility that, a different home will. ultimately be placed on the site. Because of the "building-sp, review of this lot to (late, it is likely that a house of a difff iotpr.i.nt" conf iquration would require another variance applicatie, ZONING FILE NO. 983 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 11/21/85 ---------------------------------------------------------------------- TO: Walter & Marilyn Pemberton COPIES TO: 4567 Gaywood Road Mirinetonka, MN 55343 TYPE OF APPLICATION: XX Variance -------------------------------------------------------------------- Date of Meeting: 11/18/85 Vote: 6 For 0 Against Planning Commission recommends the following: XX Tabled: For reasons noted below NOTES AND SPECIAL CONDITIONS: Subject to submittal of a revised plan under the following conditions: 1. (Granting lot area and lot width variances.) 2. 5' setback to Fegers lot for garage (tuckunder). 3. 10' setback for remainder of house. 4. Maximum 0-75' hardcover of 20%. 5. Maximum 75-250' hardcover of 52.3%. 6. Limit fill in 0-75' to only that necessary to accomodate garage and driveway backup apron. 7. If necessary to accomodate driveway, remove portions of right side deck. 8. General Planning Commission direction was to meet the average setback with the front 8' deck. If front of house is in line with Fegers house, a 4' wide front deck would meet the average setback. The question remains, what is the point at which we measure the front setback? The edge of pavement? The edge of the actual road easement? Flow wide is the County Road easement on your property? (Note 8' deck as proposed is 31' from pave- ment, 18-19' from assumed R.O.W. line between adjacent lot pins, and 1-2' closer to road than Lament's house.) This i.s certain to he an item for discussion. Finally, to confirm, we .,l 11 meet in this office to discuss the next steps at 2:00 P.M. on Tues, lay, 'vovember 26, 1985. Zoning File #983 Notice of Planning Commission Action November 21, 1985 Page 2 of 2 ----------------------------------------------------------------------- Applicant's next scheduled meeting is confirmed as: Planning Commission December 16, 1985 If the applicant has trouble obtaining additional information, pease contact the Zoning Department (473-7357). Tf You desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the P!.-�nniny Commission. MINUTES OF THI: PI.ANNTNG COMMISSION MEETING HELD NOVEMBER 18, 1985. PAGE. 1 ATTENDANCE 7:32 PM CONSENT AGENDA* The Orono Planning Commission met on the above date with the following members present: Chairman Callahan, Rovegno, Goetten, Kelley, McDonald, and Taylor. Sime was absent. The followingi represented the City staff: Building and Zoning Administrator MLbusth, Assistant Zoning Administrator Gaffron, and City Recorder Peterson. It. was moved by McDonald, seconded by Goetten, to approve the Consent Agenda* as submitted. Motion, Ayes 6, Nays 0. i929 LYLE RAHN 1146 WILDHURST TRAII. CONDITIONAL USE PERMIT THIRD REVIEW Chairman Callahan explained the request for a conditional use permit for guest cabin usage subject to the hardcover being made as :conforming as is feasible and applicant addressing the drainage problems both of which have been submitted in Exhibits B & C. Lyle Rahn was present for this matter and stated he had no objections to staff's recommendations. It was moved by Rovegno, seconded by McDonald, to recommend approval of the conditional use permit subject to staff's recommendations. Motion, Ayes 6, Nays 0. � i 9 8 3 WALTER If. PEMBERTON 3580 NORTH SHORE. DRIVE VARIANCE - SECOND REVIEW Chairman Callahan explained the request to build a new house and noted the four optional site plans submitted in order to reduce the degree of variances needed. Walter & Marilyn Pemberton were present for this matter. Marilyn Pemberton stated that they had the existing structurf- inspection which was found to be totally out of code wi' 3 bad foundation making it unuseable. She noted that t' in problem was the need for 22' to back a normal car out ti, larage. Assistant Zoning Administrator Gaffron reviewed the four optional site plans with the commission. Lou a•:d Marilyn Fegers, 3590 Shoreline Drive, <ere present and stated that their concerns were the possibility of grading being done between the two houses and that the proposed house will stay in line with theirs. They stated they had no object ions to a new residence being constructed which would improve the area. Marilyn Pemberton stated that the shape And style of the proposed house conforms aesthetically with the lot size. MINUTES OF THE PLANNING COMMISSION MEETING HP:I.0 NOVEMBER 18, 1985. PAGE 2 i983 PEM13ERTON continued Commission meii;hers ques,..ioned the possibility of hous being centered on the ?ot to meet t-he 10' side setback. Marilyn Pemberton stal-.-a the hous. 3uld be centered but the garage could not be because of the necessary 22' needed t back out. Walter Pemt;erton stated that the other adjacent neighbor, Don Lamont of 3570 North Shore Drive, was unable to be present but had no objections to a house being built. McDonald felt that the plans were too ambitious for the siz of the lot and that the existing structure should be used She noted that the only variances ,ihe would be willing t recommend would be lot and width area variances. Taylor, Kelley, and Goetten, felt that the request to build new residence was appropriate. Taylor agrc >d with the intent to minimize the hardcover b centering the house. Kelley proposed a combination of the optional site pl submitted as follows: 5' variance for the garage 20% hardcover variance in 0-75' 27% hardcover variance in 75-250' removal of deck if necessary to center house fill and rra�Jing - to be reviewed with staff lot area and lot width variances It was moved by Kelley, seconded by McDonald, to table t matter until the December 16th meeting for conceptua approval upon the submission of one site plan based Kelley's pre-,ious proposal. Motion, Ayes 6, Nays 0. 1987 ROBERT J. BADMAN 1040 TONKAWA ROAD VARIANCE PUBLIC HEARING 8;19 8:52 Chairman Callahan explained the request for average setba and hardcover variances to construct an enclosed pool. Chairman Callahan read into the reco-.l ;I letter from Jurg Stielow of 1020 Tonkawa Road opposing an average setba variance being granted. The letter also noted "assortment of unattractive" vehicles in sight on t property. Mr. 6 Mrs. Bob Bauman were present for this matter. M Bauman, referring to the unattractive vehicles, stated th ;after the garage is finished being constructed, which shou leave been done two months ago, the vehicles will be stor inside the garage. c TO: rlanning Commission Members From: Michael P. Gaffron, Assistant Zoning Administrator Date: November 13, 1985 Subject: #983 Walter 11. Pemberton, 3580 North Shore Drive - Variance - Second Review List of Ezhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Survey - Existing Improvements Exhibit E - 10/10/85 Staff Memo and Addendum Exhibit F - Minutes of Planning Commission Meeting 10/21/85 Exhibit G - Original Proposal With Hardcover Calculations Exhibit H - Revisr!d Proposals 1, 2 and 3 Exhibit I 1973 Division Documentation Fxhibit J - 1976 Variance Denial Documentation The Pembertons have presented a number of optional site plans in order to reduce the degree of variances granted. You will recall that the appli- cants value their southerly view across North Shore Drive and do not wish to have a front -loading garage (which would reduce hardcover in the 0-75' zone). The options proposed now do cut down the magnitude of 0-75' hard- co.-r originally requested, but require some setback tradeoffs. We now have 3 revised proposals to consider. The following table compares them to the original proposal: Ro,quired 1. I,ot Area 21,780 a.f. 2. Lot Width 100, 3. Hardcover 0-75' 0% 4. Hardcover 75-250' 250 Left Side Setback 10, 6. Avg. SNtt:ack (N) no encroachment 7. nvq. Setback (S)• no encroachment 9. Pill/Grading/Structure in 0-75' none allowed 9. /ill below 931.5' none allowed •See next payr Existing Proposed original Proposed O lion 1 Proposed Proposed Option 2 . lion 11,130 s.f. 49.9' - _ 3.80 33.2• 32.7% 32.71 17% 20.41 51.0% 47.5• 47.51 52.31 6.51 10, 6.5' 9' house 4' no 23' ?5' 5' garage i5' encroachment no encroa no 5' deck 5' deck 5' deck ",' dec encroachment portions of all of detached portion of same as portion existing garage, portion house, Option 1 house, ma structure of house i garage, nvme much fir driveway, major fill filling none yen none r.('ne none Zoning File #983 November 13, 1985 Page 2 * Note that since Fegers does not own Lakeshore on the south side of County Road 51, the south "average setback" necessarily stems from the required 30' setback and the relative conformity with the neighboring residences, all of which are less than 30' from the R.O.W. line. In reviewing the options, note that Options 1 and 2 make use of an attached garage but vary the setbacks to the west lot line to provide greater backup area. Option 3 uses a tuck-un;ler garage exiting to the east, requiring raising the main floor about 5' and requiring a 4' setback to the west line, but does reduce the 0-75' hardcover needed. Virtually all the proposals show a deck k_,n the front side which will be closer to the road than the adjacent houses, and the proposals all show the house (and adjacent houses) less than the required 30' to the right-of-way line. in each proposal, the applicant would request that the deck be considered as non -hardcover; the Council has not granted this status in the past for decks over 18" off the ground such as proposed in Option 3. Note also the history of this property. A Mr. Perry Gobei owned 3570 and 3580 North Shore Driv,_ prior to 1973. Prior to Gobel's ownership, Lot 6 (3570) and Lot 7 (3580) had been combined for tax purposes, and Gobel bought the two as "a house and guest house". In 1973 Gobel sold the guest house (3580) and realized they were considered one property. fie went before the Council, and was allowed to re -separate the two lots, in order to consum- mate the sale. Note ghat virtually no record of •:'-ie artual review discussions appear in the minutes. The consequences of that action were manifested in the variance application referred to by Commissioner McDonald at your October meeting. She noted this property had been denied variances for a small addition in 1976. Staff has located the documentation for this variance application, and it is attached in the Exhibits. Note that the Council at that time did recommend that the applicant submit a revised proposal to build "up" in- stead of "out". No garage was apparent in the plans at that time. Tt Pemberton proposal appears to exceed the variances requested in 1976. The Planning Commission is requested to review the documentation and the options presented, and consider the following: 1.. Should variances be granted? Is there a hardship to justify granting of variances? 2. If so, what maqnitude of variances is acceptable? 3. Do any of the proposed options fit within the framework for which you would grant variances? 4. Are the property right-, of the Pembertons and of the neighbors protected? Planning Commission has the option to recommend approval, denial or taoling of this application. If you choose to table pendinq additions revisions of the site plan, you should give clear and concise direction to the applicant as to what limits or boundaries you will recommend as acceptable for the various variances required. Any motion to recommend approval should c,numerate the hardships present and address each of the variances allowed. A recommendation for denial would have to detail the specific r-asons, lack of hardship, etc. i MINUTES ON TilE PLANNING COMMISSION MELTING HELD OCTOBER 21, 1905. PAGE 10 1978 McENENY continued Zoning Administrator Mabusth noted that a clause in the resolution approving Kelly Cove stated "Out lot A may never be used for future residential construction, but shall remain as an open space area as density credit for existing duplex units...". McDonald stated that she felt by granting this variance they would be setting a precedent for "open space". There were no persons present objecting and the public hearing was closed. It was moved by Chairman Callahan, seconded by Kelley, to deny the variance application. Motion, Ayes 4, Nays 2. Rovegno and Sime voted nay. Rovegno voted nay stating he felt it was a reasonable request and that it would be more appropriate to park the cars indoors rather than in view outside. Sime voted nay stating that denying solely because of the previous "open space" clause was not taking a realistic view point. 9 WALTER H. PEMBERTON NORTH SHORE. DRIVE VARIANCE PUBLIC HEARING 10:26 - 10:50 The Cert i f ik,ate of noted. mailing and affidavit of publication was The purpose of the public hearing was to consider a request to remove an existing cabin and replace with a Pew home and detached garage. The following 7 variances are required for the proposed site plan: lot area, lot width, hardcover, average setback, conditional use permit for filling, lakeshore setback, and front setback. Assistant Zoning Administrator Caffron reviewed the proposed site plan. Goctten questioned' by the driveway and garage needed to be located in the bac,. of the house, rather than the road side. Mr. & Mrs. Walter Pemberton were present for this natter. Mrs. Pemberton stated the reason for the driveway and garage location was for aest.hetic reasons and to conform with the neighboring two houses. Chairman Callahan questioned the buildability of this extremely difficult lot. The Pembert.on's builder was present and stated the proposed plan could be done. MINUTES OF THE PLANNING COMMISSION M-LETING 111%D OCTOBER 21, 1985. PAGE 11 #983 PEMBERTON continued Chairman Callahan rioted that he felt the proposed location of the garage would interfere with the neighbors' (regers ) view of the lake. Callahan suggested tabling this :natter for applicant's to make adjustments to the proposal. McDon.31d noted that a previous application to build a house on this same lot was denied in total. Mr. Pemberton stated that the Feger.s has no objection to the proposal as long as they don't get any closer to their property. Kelley stated he had trouble with the amount of proposed hardcover. The Flanning Commission discussed other options for the location of the garage. It was moved by McDonald, seconded by Sime, to table this matter for applicant's to revise their plan. Motion, Ayes 6, Nays 0. #986 GEORGE ROVEGNO 2010 SHORELINE DRIVE VARIANCE Mr.. 6 Mrs. George Rovegno were present for this matter. George Rovegrio stepped down from the Planning Commission for this matter. Chaiman Callahan explainer'_ the application for a variance to allow an existing 5 foot fence to remain where normally only a 3-1/2 foot high fence is allowed. Callahan read a letter of opposition to the variance being granted from Delany J. Stinson on behalf of Richard V. Stinson of 2040 Spates Ave. Roveqno stated that he still believes that the fence was erected legally and noted that the fence was erected to solve some serious problems which he felt it has done. Roveqno stated, at this time, he is willing to re --locate the fence at the lathe line (posted by the city) and make the fence 3 feet high for the f irst 30 feet from the access for safety reasons. Roveqno noted t -he City has not yet placed the posts along the south side as promised. LaDean McWilliams of Crystal Bay was present and stated she was opposed of granting the variance for th«^ many reasons stated at previous meetings. Katherine Quady of Crystal Bay was present and stated she sympathizes with Mr. Rovegno's problems but felt the fence obstructed public view. To: Pianning Comm.i: Members From: Michael P. Gaffron, Assistant. Zoning Administrator Date: October 10, 1985 Subject: #983 Walter H. Pemberton, 3580 North Shore Drive - Variance Zoning District - LR-lC, .i/2 Acre Application - Remove existing cabin, replace with new home and detached garage. At least 7 variances are required for the proposed site plan. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey 6 Site Pidn Exhibit E - Hardcover Calculations - Submitted Exhibit F - Hardccver Calculations - Staff Review The applicant is request.inq i number of variances in order to remove an existing cabin on this property and replace it with a house and detached garage. Based on the proposed site plan (Exhih.it D) the following variances are necessary: 1. I.ot Area Required = 21,780 s.f. (0.5 acre) *Existing 1.1,130 s.f. gross excluding lake (0.26 acre) Variance 10,650 s.f. or 49% variance * Note that this area includes the county road, which has an easement riqht-of-way over the property. The easement corridor is 66' on the plat maps; the actual blacktop width is W. 2. Lot_ Width Required = 100' Existing = 49 ' Variance = 50 3. Hardcover (See Exhibits E and F) 0-75' North I..ot Area = 4,180 s.f. Existing = 160 s.f. = 3.8N Proposed - 1,390 s.f. - 33.2% Ailowed - 0 s.f.. - 0% 75-250' (middle) Lot. Area = 3,140 s.f. Existing - 640 s.f. - 20.4t Proposed - 1,600 s.f. - 51J% Allowed - 785 s.f. - 25% 0-75' South Lot Area - 3,810 s.f. Fx ssttinng-�1,840 s.f. - 48.3% Proposers - No change ( Hardcover is county road pavement) Zoning Fiie #983 October 10, 1985 Page 2 4. Average Setback Proposed garage extends 23' into average lakeshore setback zone - potentially has a major impact. on views for neighbor to the east. 5. The proposed garage would require fill in the 0-75' setback area and appears to include filling below the 931.5 elevation (flood plain). Depth of fill would appear '-o range from 0' to 5', mainly to slope away from the garage foundation. Technically, the filling requires a conditional use permit review, and fill below 931.5' re- quires MCWD review and approval. 6. The proposed garage is "structure" within the 0-75 setback area, requiring a variance since no structure is allowed (lakeshore set..ack variance also, requesting 30' rather than 75'). 7. Front Setback Required = 30' Existing = 25' from assumed R.O.W. line = 39' from edge of pavement Proposed = same as existing Also, note deck on road side of house; if it is at mair -)or level, the deck is a non -encroachment or: the yard; but might echnicaliy encroach on the southerly average lakeshore setback. The magnitude of the requested variances suggests that perhaps a plan incorporating a home with attached garage, built higher rather than out- ward, would be more appropriate for this property. For comparison, note the following variances which were granted to I,ou F-?gers in remodeling his home next door: Granted Fegers J-75' Haitic.-over (north) 5.01k 75-250' Hardcover 56.8% Average Setback 8' Lakeshore Setback 63, Requested Normal Pemberton limit 33.2% 08 51.0% 25% 23' no encroachment 30' 75' min. Aithouqh the applicant. has not really identified any hardships to the property, the obvious "hardship" property condition is the extremely limited size of the lot and the proximity of the shoreline. There are no other apparent. unusual conditions; in fact, the lot is typical of small akeshcre lots in this neighborhood in which small cabins have been r.e- pi,.ced by year-round residences. Staff would recommend that planning Commission review the requested variances, And determine whether there is justification to grant them. You may wis"i to table if the applicant is interested in revising the proposal so that ,less extensive variances Are required. kiti1 e P i�� #983 - Addend, 10/15/85 Mrs. Pemberton has submitted a revised proposal which decreases the north 0-75' hardcover request from 33.2% to 26%. This is accomplished by placing a tuck -under garage in the basement, entering from the north side of the house and still requiring a rather lengthy cri✓eway. There is essentially nc change in the 75-250' setback zone. However, the applicant reque is that the 18" high deck be allowed as non -hardcover, and will c , whatever the City requires to make it non -hardcover. Recall t it the Council has stated that only low decks will be given spe ial consideration because of the low potentiai for storage und(,r `hc-.. The revised plan give a structural setback of about 58' from the iakeshore rather t. an 30' with the original proposal. There would be no average c:etback variance needed under this option and likely no fill in "he Flood Plain Zone (below 9.31.51). However, in order to make the plan workable will require a sub- stantial driveway cu;. whit potentially could affect the neighboring garage. Also, the driveway would be fairly steep. The applicants have statf that they would like to construct a "A" -frame house, and a gat qe on the street side would not preserve their routherly view ' the lane across the County Road. X1I14UTES OF .A HEM M1, 1P. T!PG i LLD TfAY i� , 1973 Page 0 Butler i.. A, Welsh seconded, to approve th.• DIVISION division of Vivid Harrison, 105 Oroiu. Orchar<, M Orono Orchard Road Road. liassengalo moved, 11olsh soconecd, to amend tho motion to require Mr. 11arriscn to part S1 o` the row land valuo for Village park dcvolopmc.nt. Motion, Ayas (4) - Nays (1). Councilman Dorn May. Butler moved, Welsh seconded, to approve tl.j Harrison division as amondcd. Uotion, Ayor, (5) - flays (0)� The variance for Derhardus was held over VARIA?10E until tho Juno 11, 1973 m2ating. Benhardus Butler moved, tlasscngalo scconclod, to cpprovo VAr UJICy 11111 varianco. The Council rcconizcd 1150 11ildhurst Trail 6.:it no ci?c'.itional land could bo purchased iu r :et oilier codo roquiromonts end that tho nu--bor of square foot of land that now exists is about equal to ono acre. Motion, Ayos (5) - Vays (0). Barn moved, Butlor seconded, to approve tho DIVIS10:1 1,7011u�nary plat for Roy Starkey, subject to 3545 girth Avonuo North '%�hJ 1;;oi;ozad road bcing dono on a rir,4t enClc L.,t;runco to County Rona ' and the plat must thou this so that tho Co�.ucil will Ynocr that tho '•S" curve has boon oliminatcd. Hennepin Cotmty must cubnit co4:aonts to tho Villago staff on this; plat. ;Ir. Gznrhoy r:,uat r:ovu the onsomci-t for t tuv road S' r.a: to trio south so U,.t it trill croato a EU' sido yard sutl)nck. Vivo percont of tho rc:► land valz: Is to ba collected for Village park purposes. t1otion, Ayes (5) - Nays (0). C:ii' ^r rovcd, Volsh seconded, to nr.provo Vl.►1I1'MICI; ry tlondale vr:rianco in accordance with 196S Country Club Road 1. :ton's :fay 11, 1973 mono to Council. it.;tion, Ayes (5) - Mays (0). r.utler trovod Welsh seconded, to Fnprovo tho Vf'',IIAMZ Loll;( of 3106 North Sl:ore Drive. 3100 North Shoro Drive tlotioa, Ayos (5) . flays (0). I1c'sh movod, Corn sc cndcd, to Epprovo tiro DIVISICt:I I,. ,Ocrt Uir.tc.,i division. Motion, lAycs (5) - 740 Brown Road Nort% (0) . Cutler moved, Welsh seconded, to a Provo the DIVISIM 4 VMUi��CE Perry Gebel division and va: uncc y rcroC:ti . ng 3570 & 3SL0 1lortli Slid, a the difficulitica encountered as MAcd iii l;r. Drive t1•,r',t(),0:; W :;ao to Planning Cor. Asn'.�►,i d, ted 'hy 31, 1973. Notion, Ay�-:; (S) - 1' ,ys (0). I"�I(.�J4UJ G: A PL';JLI.A iGEETI1:G liL'LD 'VkY 21 , 1 J73 Palo 4 I;r. C;;:.a also c::,?rc5,-.cd a dcsi.o to hooLup VARIANCL to r-jalcipal sc:rur. B01111 (Continued) raurv..a coved, Ku11Gcrg seconded, t it a w, icnco for lot size and width be Crantcd, conditioned on the applicant's coiv ormanco slith tho 10' side yard sctbacl: rcquircncnt T.-.air►taininC a ,,ctbach that is n line tli . ad j o::n•1n-, loto . ::ot is n, f.ycs (6) - 3 (0)• 4.0 Prrvrtts r..ovcd, nyc..,o sccond_-d, th -.t the DIVISION ` � .r..;►lo division" of P -Yco! 3170, be crprovcd ilinton �.� ticcc::dat_cc Frith S^.:;ic� ��.C21 �f ti.� nnrca. Nition, f.ycs (0) - I}ay ; (0). fir. Cobol c::plaincl to the FlaaninC Co_.iission DIVISION' $ VARIANCE t/.nt tr ca ho sole] the Ls.st houso oa Lot 7 Gobol c his L..oporty r-a c•naaultcd t::c Viilarc end th / re-:,na�cd that it to CCn .cctcd to the c,- _--. U/ cccplying with this request, }:c. / Cv::o1 felt that ho had cat ell the ViilaCa / rcd:ai►c;:.anta. Now that h. iz :tolling his o:i Lot 6, Ito fcwnd that Lot 6 G 7 are o.� sarccl and r�t13t bo dividc:i. Bcc •�.ao c tho sizo of Lots 6 S 7, f ctinG C1 ::aaA,)3 i::lt that tho Fl.,aning'Cormi Sion should tha proprty cnd as:: our loL 1 cou►:ocl io» his cc: ::nts Lc:.'o o cny roco:. won ation Is 1� ,1) C�1tl•.ria roved, 117orso sccondc;l, that -ho ADJOUIU434ENT i )c: t in,r be ad journcd at 10:10 P.H. Ayca (6) - flays (0) . RcLpcctfully submittal, Dexter J. Marston Zoning Administrator TO: Jim Cosby rnoM: Dexter Marston DATE: May 2S, 1073 "113JLCT: Variance R Division - Perry Gobcl - 3570 4 35ho Korth Shore Dr. I ,.„3 consulted with 1.1r. Wlitchcad reFarcling this matter and because cc i;'lcxityy of the sit"ation a1,d the time• limitatiois.Mr. C �1 I;c. 1J},itch^ad suCt;esiccd tl►rt the• matter be forwardcJ to the scil if it was arrcezA)le to the Plunnin►; Commis%2011. ; havo e' �Jactt-d those who «ero pre -..eat at the 1;1%t 1'/unning Commission mcetin" they acre ut;cceniolc to t11i5 sul;gc�tiui. r, Planning Cm.-missioa tk;;bcir. r. G:•1: Doxtcr J. Karston. Zoning Admin'str.tr )r MITI% Nay 210 1973 SUBJECT: Variance 8 Division • Perry Gobel • ::-70.3Sg0 North :hero Dr fir. Cobol was tho owner of Lots 6 $ 7 in Buldu: P;.irk. Lot3 6 6 7 we=•c ec.:-Anod for tau pu^posca to create Parcel 01So boforo Mr� ;obel I�.jhasod this property. This property was loser:.bed as ;.. 'ing one cno and ono Quest houso. The guest house was re-vodelod and sold by fir. C;Dbol and ac:t ho hrs a buyer for the hou-;o and he needs a iivision to const--7iyo the :;alo. The cabin and :hs house are located c. _i sc;arcto lots (Lots 6 R 7). Lots 6 C 7 aro each 509 wido and :pp ;oxir-ately :.0,000 sq. ft. in area. t%Zch is aiU ificantly less than th requiremeal-9 for a h acre F3z:a of tho not hborina Aots are ci ilar in s'zs to the pproposed 109000 sc� . ft. lots, although diroc ly east of Parcel 4150 is c lot •tN :a 209000 sq. ft. IT I5 DESIRED THAT THE PROPM TES AT 3670 and 3tBO NORTH SHORE DRIVE, EACH VrE ICH FEE ON SEPERATE LOTS, EZ SEPER` E UNIT , AND PAY THEIR TAXES AED ODLIGATIONF SET .RATELY ACCfl.':yIUG TO THEIR ItIDIVIDUAL VALUL:. r ` Case INO. Fee_I VILLAGE Or. O two Date Land 1Ise Ay)plication Street Location of Proporty 70 -r Legal Description of Property:_ V) v(el 141J70 r) f Vta�y{ MlueT: r•v.� n�)i'\ CG r 1r..: 1i`c.r.r%ir �' S =---R , '1maJ Phone Type of Rogllest: PezoninR _ Conditional 11se Permit A variance Other i Subdivision Apnrnval Description of Requcst:_ C G11b`' — NP scant ;l�lcr Please draw or attach a sketch of proposed structure shoe -ring; the following;: 1. Indicnte ,North G. Dineniions of nroposcd structure 2. Location on Lot 7. Proposal setbacks 3. Adjacent Street Names g. Zoninr in force in this aran 4. Location setback .and use of adjacent existing builOinn S. Distalncos but-ieon Any proposed structures and structures on adjacent property Frilibit Subc;itte(l: 'Ini) or�p:lit showing the property nfi ,.te.I find .all lamas wi0in 100' of the Lound;.rie:; or talc Property affected y proposed clianl;a. (5 conies) Abstractors or attorneys certification listing the na-r.cs and address of the c.iners of the land within 3()0' of the boundaries of the nroperty requesting the chnnno or retoning as those 'lanes nppear on the recor-is of the County Auditor of Hennonin county. Petition showing 50% of property owners within iotf' favoring, rezoninj or variance. I U11oUi1n(! to be t1II'tl C;I rono logy Inslreetion Uept.` ..d.ainis trrltor council .inginoor ?lanninr, Comae. rounci1 �Y licant Ontified Pecommr.n,lr►t ic1n,:: nato GY I'dephons- 17A'; ; , Village of Orono hl,t Office Ibex 1AWryxtal Bay, Minnestto fiCia'Mehlunwipul Whom On the North Shore of Lake Minnetonka September 15, 1976 Mr. Frank Slawson 263S Shannon Lane Mound, "Iinnesota 5S304 Re: 3530 North Shore Drive Variance - Lot Area i; Width Dear W. Slawson. On September 13, 1976, your variance application wati before the Council for {final consideration. At this time, the Council denied this variance because of encroacluwnt m the 75' lakeshore setback. However, they did suggest that you sulmtit a revised Proposal for a second story or an addition which would not encroach the 7S' l eshore setback. If you have arty questions, please call. Sincerely, Henry F . Mth i ch Zoning A" ctministrator i MI: be RESOLUTION NO. 710 RESOLUTION DENYING APPLICATION FOR VARIANCE FOR PROPERTY AT 3580 NORTH SHORE DRIVE WHEREAS, Frank Slawson has applied for variances to lot area and lot width for an addition to a residence on a substand- ard lot located at 3580 North Shore Drive, and WHEREAS, the City Council and Planning Commission have reviewed the application, NOW, THEREFORE, BE IT RESOLVED: 1. That the application for the variance for lot area and lot width be denied. 2. That the proposed addition would result in extremely dense conditions of twelve feet between the main structures on both sides of the subject residence. 3. That part of the proposed addition would be built within the 75 foot lakeshore setback restriction of the Orono ordinz.nces resulting in additional non -filtered storm water runoff =nto Lake Minnetonka. 4. That there is no unique hardship to justify a granting of a variance. The foregoing resolution was adopted by the City Council of the City of Orono by a vote of three ayes and 0 nays on September 13, 1976. l,C o ert L. Searles, Mayor ATTEST: 14 All WaTtr enson Clerk/A Vinistrator A IL 3 ucLu b,.i '1'l;J tHI:R 13, 19-16 Page 3 Commission asked staff to send a letter to the Park (gun Club reques.tincl that a representative appear suggesting that it is to their advantage to present their own case for approval of their conditional use permit. Planning Commissicn Meeting - September 7, 1976 Tabled so Gun Club could submit to writing days and hours of operation, and a site plan showing practical physical sound barrier that might be installed (planting, berms, ::encos, etc.) Suggested to Mr. Daniels trat he notify any other objecting neighbors of the next Planning Commission meeting when this request would again be up for consideration. Paurus moved, Butler seconded, to adopt Resolution 0710, A Resolution To Deny Lot Area And Width For Addition To Residence On Substandard Lot, for Frank Slawson, 3580 North Shore Drive, because the proposed addition would result in extremely dense conditions (12' between main structures on both sides of subject residence) and part of the proposed addition would be built within the 75' lakeshore setback requirement resulting in additional non -filtered storm water runoff into Lake Minnetonka. The City Council also reRuested the Building & Zoning Administrator to inform the applicant to submit another plan. tiotion, Ayes (3) Nays (0). Paurus moved, Butler seconded, to approve the request for Harry Skrypec, 3675 North Shore Drive, for riprap, on condition that: 1. Standard customary rock of 12" diameter or more be used. 2. Documentation of approval of other interested agencies. Motion, Ayes (3) - Nays (0). !ienry11uhich, Building & Zoning Administrator, stated that Robert Johr3on, 1121 Elmwood Avenue, is requesting a lot area and width variance. Lot Area I,ot Width Required, T -"140" Subject Lot 25,900 100, iariance Request 17,660 401 Lots 4 & 5 are listen under John Keller on our property owners list, so f1r. Johnson is probably purchasing this pror.)erty through a contract for deed. CONDITIONAL USE PEPTUT 3660 Sixth Avenue North (Continued) RESOLUTION 0710 3580 North Shore Drive t161 RIPRAP 3675 North Shore Drive #163 VARIANCE 1121 Elmwood Avenue 14164 (Continued) `MINUTES OF A PLANNING t:(tHISSION MEETING HELD SI P U- 113ER 70 1976 - PAGE 3 Don Maas, President of the Park Gun Club, was present and PAR}( GUN CLllB apologized for not having a representative at the August 16, 3660 SIXTH AX1]NU- N. 1976, meeting. Also present were Mr. $ Mrs. Grandstand and CONDITIONAL USE PERMIT Howard Soost. Mr. Maas stated that the days of operation REVIEW OF EXISTING during the week had been Tuesday and Thursday. This year, OPERATION however, they added Wednesday to allow more hours of shooting for their 150-200 members. They are also op—i some Sundays for organized shoots from 1-5 p.m. League shooting is finished for il,,"s year, but there are a few special turkey shoots schedulec' for later this year. Red i.'aniels was also present and expressed his dissatisfac- tion with the hours and days of operation and the amount of noise resulting from this shooting . Ile felt that the activity at the Park Gum Club had increased tliis year with more days of shooting and longer hours. Mr. Grandstand stated that the Park Gun Club has been at its present location since 19S1. He understands Mr. Daniel's complaint, but fees that only one complaint in 2S year is a good record. Van Nest moved, Hannah seconded, to table this application to allow the Park Gum Club to sumbit in writing a proposal indicating their schedule of days and hours for the next 12 months and any potential things that could be done to alleviate these problems, such as developing some type of buffer. Motion - Ayes (7), Nays (0). Pesek moved, Guthrie seconded, to deny this variance on the FRANK SLA basis that the lot is too small resulting in ^, r congestion, 3S80 NO SHORE DRIVE the setback between strictures would not be ad�.,,.ate, and the V A - LOT AREA proposed addition would extend into the 75' lakeshore setback PSI FOR ADDITION TO requirement. Motion -Ayres (7) , Kays (0) . ICES DE\Cr ( SU$STAYDARD L()T Hank Aihich explained that this riprap project had been HARRY SKRYPFC started without a permit and that a stop work order had 367S NOIMI 9-DRF. DRIVE been issued. Also, the rock that was used is smaller than [U PRAP the size i-e have recononended. Van Nest moored, Hosfield seconded, to recommend approval on the condition that rock used for this riprap be 12" or more in diameter as recommended by the II R and MCM, and that the applicant get the approval of the IINR and other agencies before continuing this project. Motion - Ayes (7) , stays (0) . Mr. Johnson wa,; present and stated to the Commission that ROBERT JQFf he was requesting renewal of a variance that was approved 1121 EL KU( ,VF4R, in 1972 which was subject to the approval of the Village VARIA.WCF - U7T AREA Engineer. tor. Johnson stated that the area is sewered hirMI and he purchased the property in 1974 through a contract for deed. TO: Dick Benson, City Administrator 61. FR(M: !lank IMuliich, Zoning Administrator DATE: August 12, 1976 SUBJECT: Frank :Slawson - 3580 'forth Shore nrive Variance - Lot Area f Ividth to Add to House on Existing Non -Conforming Lot and Lakeshore Setback Kim or Eileen llawkinson are the owners of the property. Although the property is in a sewered area, the sewer has never been connected. I don't know if the house was ever used as a year-round residence as it appears to be somewhat small for that (696 sq. ft.). Although this district is zoned 1/2 acre, this parcel and lots 6 and 8 on either side of it are extremely small. In fact, the area of the larger portion of the sub)'ect lot is only 7,SSO sq. ft. in area (about 1/6 acre). This lot is SO' wide rather than the 100' required. The existing &elling is only about 1.2' from the existing neighbor's home to the southwest. If the proposed addition is approved, this setback would also be only about 12' from the existing house to the northeast. Part of the existing house lies within the 7S' lakeshore setback requirement. Part of the newly proposed addition would also lie within the 75' setback require- nent. I believe an addition like this would result in extremely dense conditions. Mr. Slawson is making this proposal as I belietire he is interested in purchasing the property providing he obtains Council approval of the variances requested. PLANNING COWU SSIGN FETING - September 7, 1976 Recoaalanded denial because the proposed addition would result in extremely dense conditions (12' between main structures on both sides of subject residence and part of the proposed addition would be built within the 7S' lakeshore setback requiremient resulting in additional non -filtered storm water runoff into Lake Minnetonka. CIMWIL METING - September 13, 1976 Denied variance but suggested revised proposal could be submitted for reconsideration. CITY OF ORONO, MINNESM Cundit-ional Use and variance Application# LOCATION OF PFCPOSAL (or property) Address vc- I"4al Desc riptior, o -7 40c c k- La APPLICAUr 16, -s 6,r) -it , Phone Address f,2 e, It I) e) /1-4- a r)e /) (C< < 11 1 %LMR Nam n, ty f-'11,11til klaaLi'luwphone # Address -15ko Wc Present Zonirig Present Use Zoning OrdirOnce Section Relating to rtxpaest 7. TYPE OF TEU=r Caidit 1 use var =- I Wetlands Variance FOR CITTICIAL USE CNLY Cbxy:il action Date Denied SePcify Ordiname FaqUxenmts le �Z—zlz e�,7 7 Explzi-n rt-q, st Relative to Requirenents oV I I Av m- �ua- - -44� Y,40-./ em .,:P-nt of 17 ' rL •JAL ESSARY FOP st befitted 1 week prior to Council P")) v-e go , Applicatia, carpleted 4.' Ahgtxacto Is ficate of Property Plat Map Section. , 00� r art, Owners WithiA 30 Ft 3. Curvey (Sketch in proposal) 5. $30.00 Fee Date kz-� L3 t uzr' -� - , r . r: E13^07 s�mp ref, paMANo P��/ \TMR Lu�irwd# ,elephone !<,...:...i r OF PROPERTY OF Kim Hawkinson LOCATtO" 3580 North Shore Drive. Orono, Mn DUCRteeo As FOLLOWS Lot 7. Block 2. Baldur Park, Hennepin County, ?On y ��w'or 1 w , Iwo • Denoke, Iron mor%ump-nt. O #161 yb �• a v . C MVWAT= Or LOCATION Or tiU1mam; 011TIMATI Or SLUVn i Aereby cnUly"no_ ___ t9 __. _ 1 here+} cerhty that oa 02_.2 _117yc 1 taede s survey of the toc- -can of the huddtnRt.) cn the phone i }ur,etcct the propene deticrtt�td a the ti Meese /ip dei� Conway�c+�eny sad bov the locettwn of utet hutldln{Is) ir, n e correct represtntalmm of sued "W"V. etaly pose eia the .hove pl., of ROY J. HAftSt M. M GeSys RI is %Ur?VFWWV "0 [iyYi +.•-•�� • . • • or . City of ORONO RESOLUTION OF THE CITY COUNCIL NO. :SOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22. SUBDIVISION 1 6 2, 10.25, SUBDIVISION 6 (B) AND 10.55, SUBDIVISION 8 FI= E 1983 WHEREAS, Mr. & Mrs. Walte emberton (he:einafter "the applicants") are the owners of the property located at 3580 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot 7, Block 2, Baldur Park (hereinafter "property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal 'Zoning Code Sections 10.22, Subdivision 1 and 10.55, Su'::livision 8 to allow the construction of a single family resi.dencc located 52' from the shoreline where a 75' setback is normally required; a variance to Section 10.22, Subdivision 2 and 10.55, Subdivision 8 to allow hardcover in excess of the Oft --rurally allowed in the f -75' lakeshore setback zone and in excess -. he 25% normally allowed in the 75-250' lakeshore setback zone; and variances to Section 10.25, Subdiv ! Sion 6 (B) to lot area (11,130 s.f. existing where 21,780 s.f. is normally required), lot width (49.9' existing where 100' is normally required), side setback (5' proposed for tuck - under garage portion where 10' is normally required), and street setback (28' proposed for house, 20' proposed for deck, where a 30' street yard setback is normally required). Minnesota: NOW, THEREFORE, BE IT RESOLVED by tht City Council of Orono, F I ND I NG; 1. This application was reviewed as Zoning File #983. ;. The pro,?(•rty is located in the. LR- lC Si nq le Family Lakeshore Resident4A'l 'boning District. 3. The o Planning Commission reviewed. this application on October 21, November 18, and December 16, 1985, and recommended approv:� 1 of the proposed variances based upon the fol l ,-wing findings: A) The property is 49.9 feet in width asnci 11,130 square feet in area inc•ludinq the right-of-way of e'c.,ur.ty Road 51. Page 1 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. B) There is an existing 660 squa foot cabin on the property, which cabin is approximately 6.5' from the side line and encroaching 15' into the 0-75' setback area. (_) The property has been assessed for and is connected to the municipal sewer system. The property is served by an existing private well. D) The property is subject to 75' lakeshore setbacks both front and rear.. It is virtually impossible to rebuild on the property without hardcover variances. E) The configuration of the proposed house and lot is such that the tuck -under garage portion, in order to provide sufficient room for cars to back out and enter safely onto County Road 51, requires a 5' west side setback, and will encro,:h 23' into the 0- 75' setback zone. F) Th.- zoning code does not specify a required setback from a road easement; the proposed hoLje is located 7' behind the average street setback and the proposed open: deck on the street side encroaches only 1' into the average street setback of the adjacent hou:-es. G) The configuratic^ th,- proposed house is such that there it no encroacl.i ., the average lakeshore setback of the adjacent. houses. H) The configuration o,. the house and driveway as related to the existing topography of t?ie lot is such that only minor gradinq work will be nec^ssary in the 0-75' setback zone. I) The tuck -under garage configuration with proposed 7' wide driveway minimizes the hardcover while maintaining the applicant's concept of an acceptable home on thc: property. J) The applicant's har'-'hips are that thc. lot. is very sma11 and there is no adjac. and available for acquisition. 4. The City Council has co. idered 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. Paqe 2 of 5 (Jity of ORONO RESOLUTION OF THE CITY COUNCIL NO. 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 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 tLe Zoning Coen and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Sections 10.22, Subdivision 1 and 10.55, Subdivision 8 to allow the construction of a single family residence located 52' from the shoreline where a 75' setback is normally required; a variance to Section 10.22, Subdivision 2 and 10.55, Subdivision 8 to allow hardcover of 20% in the 0-75' lakeshore setback zone and 52% in the 75-250' Lakeshore setback zone; and variances to Section 10.25, Subdivision 6 (B) for a lot area of 11,130 square feet, for a lot width of 49.9', for a side setback of 5' for tuck -under garage portion, and for a street setback of 28' for house and 20' for deck, measured from the af- -umed right-of-way line, subject to the following conditions: . Hardcover in the 0-75' setback zone shall not exceed 20% or 836 square feet. Hardcover in the 75-250' setback zone shall not exceed 52% or 1,633 square feet. 2. The entire structure, except for the extension of the tuck - under garage, shall meet the require( 1.0' side setbacks. The tuck -under garage extension shall be set' -k at Ieast. 5 feet from the side prorertl line. 3. The deck shall not be enclosed but may consist of a platform at the floor level of the first story, with standard height railing. 4. The applicant or ipplic.ant's contractor shall notify City staff immediately prior to commencinq any grading or filling within the 0-75' setback zone. Such grading shall -sist only of the grading necessary to accommodate the structure and drive- way as determined by staff. 5. Applicant shall maintain proper erosion controls during constriction. 6. House construction must meet staridards of the State Building Code. Page 3 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL. NO. 7. Any changes to the site plin resulting in the need for additional or more extensive variances shall be subject to City review. 8. 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 dat _ of Council approval, or this variance will. expire on that date (January 13, 1987). 9. Violation of or non-compliance with any of the terms and conditi.oIi- of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 10. The undersigned applicant has read, understood and hc.�--y agrees to the terms of this ,-esolution and on behalf of himself, his heir, successors -d >ssigns, hereby agrees to the recording of this resolution in ae (-' in of title of the property. Adopted by the Orono City Council on this 13th day of January, 1986. ATTEST e Dorothv M. Hallin, City Clerk Aary C. Butler, Mayor (1) Property Owner Page 4 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) :s . COUNTY OF HENNEPIN ) On this _ _ day of _ 1986 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 ) this day of , 1986, before me 3 Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that. he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC:���' MY COMMISSION EXPIRES Page 5 of 5 A'+uGY, MEE 11MG TO: Cit Council FROM: Michael. P. Gaffron, Assistant 'Zoning Adminit.r for DATE: January 7, 1986 SUBJECT: #988, James E. Mertes, 3237 Casco Circle - Variance Renewal List of Exhibits A - Survey showing adjacent house to the south B - 20' setbacks constraints (sketch) C - Revised resolution D - Minutes of 12-9-85 Council Meeting E - Mabusth memo 1-6-86 F - 12-3-85 staff memo and exhibits This item was tabled by ouncil on December 9, 1985 so that a survey showing the adjacent house to the south could be provided, and to revise the proposed resolution by stipulating a 20' setback between the Mertes construction and the house to the south. Exhibits A and B show the effect of this restriction. Note also that a further condition has been placed in the resolution, that the property owner is responsible for the costs of sewer and water connections, including the creation of stubs where necessary. Applicant requested that staff review other previous applications similar to his regarding the more restrictive setback. Per Jeanne Mabusth's memo of 1-6-86, the City has not placed this type of restriction on similar properties in recent. history (1983-84-85). Note on the survey I have shown the customary location of the average setback line. Applicant requests that this survey become an exhibit to the resolution so that there is no quc-tion later on. W. Brown La 4 Surveying, Inc. 501 West 78th Street s WOODROW A. BROWN, R L S Bloomington, Minnesota 5542 �? President (612) 881-0047<.� F' LAKE SURVEY FOR: S MIT BUILDERS �\ MINNETONKA Jti�3 ELEV. FE8 27,1985 o \� 59.0 PROPERTY DESCRIPTION Lot 18, and that part ^f vacated S..rorAA Lake Shore Drive ly ig in Lot 18 �{/ls • i SPRING PARK ADDIT N, according to the recorded' Minnesotatthereof, V 4c4TFo LIIV'LE Hennepin Coun o �qKE �7- /� \� i s�oRF Qjqj SCALE 140 i Q M S • O •IRON MON.PoA„ 10 't by \ .g �• r0 �• (91.5) Denotes Proposed Elevation �D �+ a0 ` �P0 �h �; 89.7 Denotes Existing Elevation �o i ,^'`� Proposed Garage Floor Elevation= 92.0 Proposed Top of Block Elevation- 92.4 o Proposed Basement Floor Elevation-84.4 oo s 0 Proposed Walk out Elevation= 84.4 ♦_ PP ffl, BENCHMARK: Spike in Power Pole at N.W. Cor. \ qs 0i of Lot 18 - 100.00 \ I hereby certify that this sketch plan or report was prepared by me or under my direct supervision and that I am a duly registered land surveyor under the lags of the State of Minnesota. ')dte: March 4,_1985 Reg. No. 1:...j wo 6-45 7,'21 to, rA,o. l•- 0 r V7 Jr r !L� pq-'""C` k� 323 Oct 4-toje It 7.2' !►. Z MINUTES OF THE REGULAR ORONO COUNCTI. !4I:I?'!']NC HELD DECEMBER 90 1985 #929 LYI.F. E. HAHN continued CounCi lmember Frahm stated that he felt this application should be treated as a new conditional use application not referencing the previous records. It. was moved by Councilmember Iiammerel, seconded by Mayor Butler, to adopt Resolution #1892 approving the Conditional Use Permit and Variance for continued use of a guest house as recommended by staff. Motion, Ayes 5, N.3ys 0. #980 RICHARD M. KEAVZNY #982 JOHN C. hAMBIN 3423 SHORELINE DRIVE 3405 SHORELINE DRIVE PRi;LIMINARY SUBDIVISION CONDITIONAL USE PERMIT AND REQUEST FOR BUILDING PERMIT COMMERCIAL SITE PLAN REVIEW Upon staff request, it was moved by Mayor Butler, seconded by Councilmember Adams, to table these matters until the January 13, 1986 Council meeting. Motion, Ayes 5, Nays 0. #906 GEORGE ROVEGNO* 2010 SHORELINE DRIVE VARIANCE/CONDITIONAL USE PERMIT RESOLUTION #1893 OF DENIAL It was moved by Councilmember Frahm, seconded by Councilmember Iiammerel, to approve Resolution #1893 denying Mr. Rovegno's request for a variance andl conditional use permit for construction of a fence. Motion, Ayes r�, Nays 0. �FCIASCO AMES E. MERTES CIRCLE RENEWAL VARIANCE RESOLUTION e City Administrator Bernhardson explained the request for renewal of a lot area and lot wi.lth variances previously qranted in February 1984. Councilmember Frahm stated that applicant should be put on notice that no further setback variances would be granted to this property. Rosemary and Jim Mertes were present for this matter. Mr. Mertes stated that they have not yet designed a home for the lot but are cons.iderir.g a 2-story 35 foot wide home. Mayor Butler stated that in addition to maintaining the required 10' side setbacks, she felt 20' be':ween the adjacent house and new residence shoulc' also be maintained. Mr. Mertes stated that by maintaining 20' between tile adjacent house and proposed home would require hint to build a home less than 35' wide as planned. I MINUTES OF THE RE:GUT.AR ORONO COUNCIL MEPTIN(; nVI,) UH(.EM11ER 9, 1985 #988 JAMES E. MERTES continued Council stated that they would like the survey to include the location of the house to the south. It was moved by Councilmember Hammerel, seconded Councilmember Adams, to table this matter until January 13, 1986 meeting in order to amend t, resolution incorporating the 20' setback between homes and pending a survey with location of adjacent house to the south. Motion, Ayes 5, Nays 0. #994 FRANK KOKESH 4100 WATERTOWN ROAD CONDITIONAL USE PERMIT RESOLUTION #1894 City Administrator Bernhardson explainer the request for a conditional use permit for a public riding stable. Representing the applicant's was their attorney, Lou Oberhauser. He noted that the applicant has nover rented horses to the public and has had a maximum of 5 full-time employees. lie stated that applicant felt that review of the condtional use permit annually was unnecessary. Zoning Administrator Mabusth stated that the Planning Commission recommended annual review in order for the city to keep tabs on the operation. It was moved by Cour.ci:member Frahm, seconded by Mayor Butler, to adopt Resolution #1894 approving the conditio.al use permit and varian., for a public riding stable subject to the following conditions: 1. The total number of full and part time employees hired by the applicant's to assist in the commercial horse operation shall not exceed the level of 5 employees except for events covered by a Special Events permit. 2. Horses maintained on property s�- ^t exceed the number allowed per Section 10.27 CA). Motion, Ayes 5, Nays 0. CITY ENGINEER'S REPORT: CONTRA."TOR'S ESTIMATE #5 A.R.I. CONTRACTING INC. It was moored by Mayor Butler, seconded by Counci lmer^ber Frahm, to approve the Request for Payment. 05 from A.R.I. Contracting Inc. in the amount of `?35,887.89 for Crystil Bay Sanitary Sewer. improvE-ments. Motion, Ayes Nay 0. 4 To: Mark Bernhardson, City Administrator From: Jeanne A. Mabusth, Zoning Administrator Date: January 6, 1986 .bject: Review of Variance Applications 1.983-85 1. Approvals that required more restrictive lot standards in application dealing with substandard lot widths. 2. Approvals that would require more restrictive standards than zoning code. 1. In review of the current variance files dealing with substandard lot widths, I can find nothing in the conditions of approval that would hare placed more restrictive setback standards for a given lot. In the 1980 Lorge application in- volving sewered lots in common ownership, Council did consider establishing more restrictive setback standards for the undeveloped lot in order to offset the substandard side setback of the developed lot. The Lorge application was denied and the Courts in r-versing Council's directive never rhquircu the more resticti.ve side setback b»t in fact the house has been placed 23 +/- feet from the Kane r , - 4 ice. In another common ownership appl -ation in 1982, William Smiley, Council asked that common owner realign the shared lot line because the existing house was less than 10 feet from shared lot line. In variance applications involving commonly owned lots where setback standards are substandard on developsA lot, it would appear Council asks for lot line rearrangrnent subdivisions rather than ask for the more restrictive setback. In lot width variance applications dealir-1 with individual/separate lots, the City has not asked for more restrictive setbacks to offset substandard d(- •gym^^t or adja- cent lots.. 2. 7n reviewing all variance applications __ce 1983, I can find no conditi-n of approval that would establish more restrictive stand,.rds over the minimum standards set forth in zoning code. The trend has been to establish less restrictive framework for development to take place. To: Orono Counci] Members From: Michael P. Gaffron, Assistant Zoning Administratir Date: December 3, 1985 Subject: #988 fames E. Mertes, 3237 ;co Circle - Variance (Renewal) Zoning District - LR-lC (1/2 acre minimum area, 100' minimum width) AT 'ication - Renewal Lot Width/Lot. Area Variance List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners Lip' Exhibit D - Survey Exhibit E - Resolution #1607, Dated February 27, 1984 Exhibit F - Minutes, Documents, Etc. Leading to Resolution #1637 Exhibit G - Planning Commission Minutes of 11/18/85 Variances Requested a) Lot Area - Required = 21,780 s.f. 80* Area = 17,424 s.f. Existing = 16,748 s.f. or 77% Variance = 5,032 s.f. or 23% b) Lot Width - Required = 100' 80% Width = 80' Existing = 55' Variarce - 45' or 45% Th"s property was granted lot width and lot area variances in February 1984 per Resolution No. 1607 (attached). The -ariances expired at the end of one year and the owner, Douglas Smith, ne submitted a completed and acceptable building permit application. h since then has h.=d the property for sale -end the current .Iicant, games E. Mertes, is applying for a renewal variance. This property (Lot 18) was originally owned in common with tt tw" lots `._o the north (Lots 1.6 amd 17, which are now combined). As a rest., of e common ownership study the City changed its policy on c mon ownership lots in sewered zones, and Lased on the individual merit. Lot :8, the lot area and width vari-1,ces were granted. A brief review of the ise.ues, disregar-iinq the nrevicus common owner- ship status, is as follows: 1. Lot Area is 16,748 s.f. or 77% of the required 21, PA. (half- acro ► . 2. Lot width is 55' or 55% of the required 100' width. Z -ning File #9R9 L :Ambe 3, 1985 Pa ,f., 2 of 4 3. The app]ic.aut is proposing no variances to the hardcover limita- tion, and ff?c= is 1-,e can build within the 25% lin- Antion. Note that the previous applicant., Doug Smith, submitted a survey/site plan which showed approximately 40% hardcover, but was never followed up. Note that in order to meet the 25% i'mit, the house will have t., be fairly close to the r..;ad and/or the existing garage wi 11 have to be used. 4. The existing gar,ige is non -conforming in that it lies partially within the right-c.:-way of Casco (7. rcie. The structure is s'_iil in good condition ar(, fu :'.onai. I she applicant was forced to remove the r_,arage to a 4 t cr.c-.re conforming on the property, the hardcover would neces:,ar-i,, .�nc,rease because of the additional driveway needed; perhaps increasing the needed hard^ovr• over the 25% limit. 5. No setback variances are requested for the new conjtruction. F. City water in the street but !10 , `ub was ever provided to the property, since -,t the time Aty wji Ones were installed, it was not a:,ticirated this lot won d be h 1.. A $580 water unit charge must be paid, and the owner 1 be nsible for the connection to he C_ t_y li7, ?. 7. Cit ewe.. is vailabie on the lake side of the property, how- ever, t}., stub on oot 13 ,,,as used by the house on Lots 1 and 17 accordir ty as-huil (:rawings, again not anticit.,,ting that Lot 18 woulr' uildable. A new stub and connect::on would have to be provides, 1F rote also '' -+ the sewer unit charge for Lot 18 will be $1,4 25 initial un . .l:arge, $165 for L.S: 06 bypass, $1,067 for L.S. -)rcemain, per Resolution 01854). (This amount would be increase $1,569 if building permit is not applied for by Decf . r 3.1, 1R81.1 Tr not provided proposed site plar., but is aware of the hav Lack limitations of the lot. reviewc,A this application at L. .►ir Novemb, r mec Aed apprc , 1 (5-1 vote) of tii lot width and area var.ia., On ti;e folIowii ;ndinys and conditions: P:KDINGS 1. Thi- .p-Il' Cation was t vi owed as Zoni nq File No. 988. 2. The property is l,;ca+.ed in the LR-lC `>ingle Fami ly Lakeshore Residential Zoning District. The property was in common ownership wi., u,Itiguous Lots 16 and 17, -ring Park, E rior tc, 1967 t h nc iigh ' ^'' hen current owner nou ; las a.,ith, pure, .•sad the proper ry. I,o, .a 17 a row ie-ja 1 1 y cr; ined. Zoning File #988 December 3, 1985 Page 3 c E 4 4. Section 10.03, subdivision 6 (A) (1) of the Municipal Zoning Cole provides for development of lots of record held in separate ownership since prior to the effective date of the zoning regulation, provi._ad a lot of record meets 80% of t).e required lot area and lot width and has municipal sewer available. S. Prior to December 19. 1 93; the City Council always required that when two or more lots were owne(. �n common, each lot must individually meet or exceed the requirements of the Zoning Code befor any of the lots can be built upon and that two or more substandard lots owned in common must be combined so that the resulting combined lot meets the requirements of the Zonin., Code before the lots can be built upon. 6. Upon completion of a 6 month City-wide rev of the common ownership issue, on December 19, 1983, the City approved , oposed amendment of the muni.cipa . co.-7 that would permit all substandarc, ..ndeveloped lots within the seweLed gas of the City regardless of the ownership of these lots, the some- s' inc:ards for review. 7. The property is 16,748 square 0+ of the . squired area. The property is consistent in area with _:.er loped lots within a total developed neighLorho od of 33 lots. 8. The property merAsures 55 feet in lot width and is approximately 5 feet -port of the narrowest lots in the 33 lot Casco Circle neigh`)orhood at 60 eet. 9. No available land - lots are c e, eloped on both sides of property. 10 The p.L,)ert;l is served .jith sr�wer and water. I1, A hous and improvem,_nts eaz be cc-istructe," without the need for additional va iances. 12. By grantir -i this variance chere will nu ne-gative effect on the pu' ' icy health, safety and welf.rre. 13 ay granting this variance it is consistent. with the development f�f the C. 14. By granting this varia___.e there sthou » need for future hardcover and setback variances. 15. Thy, special conditior- applyi.nU the pat -eel of land in au-:!stion are peculiar t^ ruch property or immediacEly ddjoininq property. I6. The .ond.itions not apply generally to other land or structures in the district in wh 2h .;aid land is located. 17. The gran'.inq of the application Is necessary for the liresei- atio, ind enjoyment of a substantial property right of the applicant. Zonino File #988 Decem. er 3, 1985 Page 4 of 4 18. The granting of the proposed variances will not in any way impair the health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. 19. T t the granting of such variances will not merely serve as a con- vt--:,ie• e to the applicant, but is necessary to alleviate demonstrable hardship or. difficulty. 0. This application is a renewal of variances granted on February 27, 1984, and the findings stated in the approval resolution (Resolution No. 1607) were acceptable at that time and are still valid. Staff recommends the following conditions &re appropriate: The detached garage located within the right-of-way of Casco Circle is nor, -conforming structure and subject to all pertine,it municipal ordin-.__.s for non -conforming structures. 2. The only variances granted with this approval are lot width and lot area. No other variances are granted. 3. Applicant is hereby advised that in approving the development of this substandard property that all future improvements must meet the current standards of the code and that a future Council might not. app:,ve any improvements to the property that require a variance. 4. Applicant sha]i pay the appropriate water u-'4- charge, sewer connection fees, and park fee at the t1me that a building -it is issued. A resolution for approval is attached for CCJL.ICi�'., review. Suggested Motion: approval of lot area and lut width variances in order to constrt•ct. a residence on property located at 3237 Casco Circle per the resol, on drafted by staff. Motion:_ _ Seconded Vote: ror, Against CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each a;,ditional project)r" After -the -Fact Fees (Double application fee) -- -----------------------•---------------------- ---- - -- - -- - -- PROPERTY LOCATION Site Address 3 2 3 SC' ? } 1 r le - Property Identification Number (P. I . D.) •7711, Please check one -- Is the property abstract or torrens? Please attach legal description to application if not included on required survey. -------------------------------------------------------------------------- APPLICANT w — Uj 3 / �' G % Name y� ^, r/�-%tom Phone — 4-7 / _ Mailing Address S� C.G� it AT -------------------------------------------- --------------------- 5^s� Name " I ��_ Phone Mailing it, ddr s Date Property Acquired �^��`_ / / (month/year) I idwi (do not) also own the adjacent parcels of land. -------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning Distr_-( Present Use of Property Residential _ Other (specify) -----------------------------------------------------------------------•--- DESCRIPTION OF REQUEST Estimated Construction Cost $� Describe request in detail: -------------------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Width � Hardcover rt'�114 Setback Variances ( Front. Side Rear) Other (OVER) HARDSHIP Describe undue enforcement- . pf l , ., rti • 1 ) k% ( I ) t 1- hardship or practical difficulty resulting from strict zonkng regulations: 4 , ,! --------------------------------------- ------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual propert! conditions preventing compliance with Zoning Code Requi,remen st ---------------------------------------------------------------------------- REQUIRED SUBMITTALS Z a -1(-7 - 2-3 13 C� 13 0 Completed Application Form. (21 Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Depari_ment cif Finance A-603 Government Center _348-3271 ) Stamped, legal sized envelopes (010) pre -addressed to each of the names on the above list with no return address. Certificate of survey including hardcover calculations as required. �r Plat Map. -------------------------------•------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not ccmp.ete if the above information has not been included. --------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requestea by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certif,' e,s that the information supp? ied is true and correct to the best f�_",is/h .kno ledge. Applicant's signature Date /Q &4 ! ® OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, conanission members, and Council members for purposes of investigation and verificatio"f -this request. Owner's signature �� _`-� �M a�"� Date -.-------.—..e--.--..---.—..— ..—--- J7.------•---------.---------..------------.-.—.--------.-- Applicant must have all submittals into they City offices e5 days bpfor, PIanninq Commission Meeting. Planning Commission Meetings are heI<? un the. l Monday of each month. RUN DATE 10/16/85 BATCH 001 33 20-117-23 43 0010 nOOP ADDP. 03243 CASCO CIR OWt ER NAME JAMES H RICIIAPDS & WIFE TAXPAYER JAMcS H RICHARDS NAME/ADDR 3243 CASCO CIRCLE 10ORCNO Mil 55391 ` 38 :0-117-23 43 0015 PROP ADOP 03,233 CASCO CIR 0''>:(ER NAME D M SPILSETH & P D SPILSETH TAXPAYER DAVID M SPILSETH NAME/ADDR 3233 CASCO CIRCLE WAIZATA MN 55301 38 ."S-117-23 43 0050 PROP DDCR 0324. CASCO CIR 0>:^+ER NAME T & S CCPSCN TAXPAYER THOMAS R & SHERRY A CORSON NAME/ADDR. 3241 CASCO CIR C!:ONO MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWI:ERS LIST 33 20-117-23 43 0.,11 DOUGLAS H SMITH Y~ DOUGLAS H SMIT'l / 3203 E CALHOLIA PYAY MPLS MN 55� 08 HFNNEPIN LLUNTY PINS SYSTEM RUN DATE 1C/16/85 PEP,;RT NO P I4-i4du1 38 20-117-23 43 0016 03231 CASCO CIR K D HANSON & S K HANSON KIETH 0 & SkNDP.A K HANSON 3231 CASCO CIRCLE WAYZATA MN 55391 REPORT 40. PI435401 PAGE I 38 20-117-23 43 0014 03235 CASCO CIR C JAC,. REMIEN JR ETAL JACK C REMIEN JR 3235 CASCO CIR( LE WAIZATA MN 5_391 38 20-117-23 43 0030 THE CASCO CO THE CASCO COMPANY ROCERT 0 M'.CHIE 3135 CA,C7 CIR WA(ZATA MI 55391 TvfAL BATCH 001 00007 #9,88 I CERTIFY THAT THE FATS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFCRMATION AS IT APPEARS THIS DATE CN THE RFrv^0-5 OF THE HEHNEPIN COUNTY DEPARTMENT OF FR ERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. GATE �li I 0 By I cortifirnte or survey for Thostui K. Johnsen of Lot lh, Spring Park Honnepin County, Minnesota 0 scale: 1" !a)' Date . t>- V—t! 1 0 . Iran rmrker EXHIBIT �. ,f t qC �� 1• f� I I hereby certify that this is a true and correct repre- s5ntation of a survey of the bviu:daries of Lot 18, Spring Park, Zts.ereun, !ie location of all existin8 buildings ,yo and ttu pruposud location of „ ;rc-posed bt.11iine. It does not pur- icrt tc show otl..:r imprcvrrients or ercroaciumnts. ��� r^^.: IO��� _L�-,fa/►.'i('C�. �P. f�MsrJ�O f fir. :. a w�' i dO,Q ' C FF I N r(. , I NC . ise,.. ._ -�, rut r. n. in Re F ark :.. .:rt.!,t_.t.rg iWt,. ;,and Surv-i) c rs and elrnnerb ;'ht ► f :lurvey ^or J. .iic:wr: "Uthill OCT 2 119�3 :,Uts lh, 17, find 1F, Spring park J `t� r lernppin County, tinnesota CITY OF 0R : r. • s y ;W 4 o or 0 J ••-?• r _ 'tea.. top•or, B/ ,rt: ice« tE �i:z-•�y i orvt-y certif, that this is a tr .c :,id eor.-^et repr!aiarrtat1c.r. c•C el :^ Jrvev of th^ tc,md•r_R, of :,ntE 16, 17, prAl 1F3, ,prir,� Firk, all the lard, in- tr • � -,. •+-', ::,' twat^ the ter, r.'- .r %atorly line .. -...� ttirJ le.twe,en th-,! Nc,rt'.-rlq line of said .Jot tc sy ii' it ce • oT••;, and heinp -Art of ,,.• -• �pr•t'. -n Ahn -•, w.•..t or ti".e ,tn t'rinriNsl „rw, , -err! ►3• tha 1—i tion of all CJ Tents. h. Coffin ibR/ NG. h 4 ° u ouz- w rrr a nil ,'le+ finer �r v r c-r fir' :wke, ".l nvm?ota ly of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1607 GRANTING VARIA%k�ES TO MUNICIPAL ZONING CODE SECTIONS 34.552 — FILE 761 Whereas, Douglas H. Smith (hereafter "applicant") is the owner of a property located at 3237 Casco Ci..:ie within the City of Orono (hereafter "City") and legally described as follows: Lot lk, Spring Park, also ail the land including the vacated highway, Lake Shore Drive, lying between the Northeasterly line of said lot and the shore of Lake Minnetonka and between the Northwesterly and Southeasterly lines of said Lot i8 extended Northeasterly to said lake shore, and being part of Government Lot 5, Section 20, Township 117 North, Range 23 West of the 5th Principal Meridian, and also indicated on the plat of said Spring Park, (hereafter "property"), and Whereas, the applicant has applied to the City for variances to municipal zoning code section 14.552 to permit the construction of a new residence on a property that is 16,748 squire feet in area or 77% of the n;:;timum area required of 2.1,7.gO square feet or half acre and the width of the property is 55 feet or 55% of the required i.0c.1 feet of lot width. Minnesota: Now, Therefore Be It r)esolveci by the City Council of Orono, FINDINGS 1. This ac, ' ; `ion was reviewed as zoning file No. 761. 2. The propert, is 1,:cated in the LR--lC Single family Lakeshore Residential Zoning District. 3. The property was in common ownership with contiguous iots 16 and 17, Spc ing Park prior to 1957 through 1.977 when the applicant purchased the property. Lots :5 and 1' are now legally combined. 4. Section 31.202 of the Mui�icipai Zoning Code provides for development of lots of record held in separate ownership since prior to the effective date of the zoning reyuiation, provided a lot of record meets Rtlt cf the required lot . rya and lot width. 5. The City Coe,nci 1 has Always required that when two oz more• lots Arn ownt�d in common, each lot moist iniividoally City of ORON( ) RESOLUTION OF THE CITY COUNCIL NO. 1607 w meet or exceed the requirements of the Zoninq Code before any of the lots can be !)jilt upon and *-hat two or more substar,dard lots owned in common most be combined so that the resulting combined lot meets the requirements of the Zoning Codr ')efore the lots c,-:n be built upon. ri. Upon c.7mpletion of a r; month City wide review of the common ownership issue, on December 19, i9931 the City approved a proposed amendment of the municipal code trit w.-)uid permit all substandard undeveloped lti)ts within the sewered areas of the City regardless of the ownership of these lots, the same standards for review. 7_ The property is 16,74P square feet or 77% of the required area. The property is consistent in area with 7 other developed lots within a tota developed neighborhood of 33 lots. 8. The property measures 55 feet in lot width and is approximately 5 feet short of the narrowest lots in the 33 lot Casco Circle neighborhood at 5O feet. 9. The Orono Planning Commission reviewed this application on October 14, 1981, and a majority of its memuers recommende(+-,)praval of the variances as proposed based upon the fol ^g findings: a) *'o available ' an,J - lots are devel•-)^ed :-;� both :aides of property. b) The property is served with sewer and w-.ce-. c) The prcaose1 house and improvements can b% nstructed wLthout the need for A�?Jitional variance. d. Applicant putchAse:'. property n )t krowinn the Existing ordinance limitations on dev-1ripment of the property. t) Variance is being granted des, ite the current ordinance c,emanls tv,.ause P1Anning Commission anticipAtes resolu- tion and amendmen� -)f the ordinance. f) ,.y grAntinq this variance there wf.il b- r.^ negative c.f f_Prt on tl.re piihl it heart,: , safety in( w ..!ate. g) Ay grnntiri 0-hi vAciarr•r if is cwi!r_istent w.trt the de.., Iripmrnt. , f the .irr-*+. City of ORONO RESOLUTION OF THE CITY COUNCI'_ N O. -- IL 6 0 7,------ ^v granting this varirinr:o t,tere si-101.11d be no need for e harAcover arid setback variances. '►e: Special conditions apFlying to the structure of 1 d it .jestion a pec.uiiar to such property _r immedia adjoining prop rty. j) The conditions do not ail, y generally to other 16nd or structures in the district in which said land is locates!, k) The granting of the application is necess — for t.,e prese.vation and enj-.;�ment of a substantial property right of the applicant. 1) The granting of the propof: ' •iariances will in anyw impair the health, safeu ^•,mfort, m:irals, or r a iy other re:;pect be contrary to the intent of the :zoning Code. m) Thet he granting c L' such variances will not merely serve as a cc,;,reniencE-, t,. the applicant, but is n�cess&r;` tc: alleviate demonstrahic hardship or difficult,. minority opinion of the Plannir,g _ommissi-n in Lhe ecomr;endatior, .:_.atPd that they woul.l have no prc.t.l'-M in ;om- idir, app;-ov.ai of the proposed va• ince APP1=`�a` it :ire •:ommon owr.er,,hip iss-,e was re^..olv,-o by the C i ' y and the necessary amendment of the o 1—once a 'nroved. ll. he pity council has consider ;i this applicat, incIudi;,., findings and recommend,.'..",;s of the Planninq Co-im4ss�on, reports by Cite staff., coc,.,;ent,; by the owner and the effect of the proposed vj-i;-.nce on they health, ,afety and welfare rt the communit 12. They City C-unciI f,nris that the cc ions Pxi$tir- ,, this pr•-perty are P culiar to it and c' applygenerv' to othe ,property tF is z-,nir • distric•.: that gra.•tiiin 1.ie v', ian(-^s .r1d nvt adversely cffe::' traffic c" 1'ti'ns, gilt, air nor pose a fire iiaz`-d or other to neighbor Irv. "..'ropf.,rty; wo, 1 ' rot mer • serve � c 4'nience to the ow, r r, 'u t i-, n• —ssary tr alievi demons.rable hard%!,ip or di`iico. i. nocess. preserve a subrtanti.,i propert) riq'i of the owner; and would be ,n )�nq with tht spirit iind Intent of the 7-ning tulle an('. rump,(. 'e,)' �ieP plan of the City. City of ORONO RESOLUTION OF THE CITY COUNCIL NO 1607 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Zoning Ordinance Section 34.552 to permit the construction of a new residence on a property 16,748 square feet in area or 77% of the required 21,780 square feet (1/2 acre) and with a lot width of 55 feet or 55% of the required i0(3 feet of lot width subject to the following conditions: 1. The detached g; age located withir. the rignt of way of Casco Circle is a no, c nforming structure and subject to all pertinent municipal ordinarices for nonconforming structures. 2. No other variances are granted or permitted for this structure. 3. '\pplicant is hereby advised that in approving the de-v opment of th_: substandard property that all future improvements must meet the current standards of the code and that a future Council may not approve any improvement to the property that requires a variance. 4. Authorities granted by this variance run with the property riot with the owner, but are perm'ssive only and must be exercised by application for a building permit within one year o' the date of Council approval or this variance will expire on that date February 27, 1985). 5. Violation of or noncompliance 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 puni",hable as a misdemeanor. r. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and o�, behalf of himself, his heirs, successors and assigns, hereby agrees to the recor(ling of tl;is resolution in the chain of title of the property. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1607 Adopted by the Orono City Council on this 27th day of February, 1984. ATTEST: CITY OF OR^NO City Clerk-- Mayor Thomas Frahm, Acting Mayor ';:perroH-Owner�s) (2) 7roperty `Owner(s) Property -wners(s)- STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) On this J iday of % )1 ' 1, , ` ' , 19S,-/ , before me a Notary Publ c wthin and for said County, personally appeared C��____�•� known to me to_ b��the person(s) described in and w�io executed tfie-T regoing instrument, and acknowledged the+t he (they) executed the same as his (their) free act and deed. ,. (1hO) t 1! MINMIN NES4TA NOTARY l�B ICE- -tfCnAR`t Pi1811C VIP NENWIN VAIN11' My Gomm+x o++ Eollm 33n 19. 1994 / f �. e M . n h • •. M/ lNf.1'!•V1.4bu/��N!✓V�''i � ��' � ;: �' ( L .1. 7T REJ. MY COMMISSION MS TO: Walter R. Benson, City Administrator FROM: Jeanne A. Mabusth, Zoning Administrator DATE: January 3, 1984 SUBJECT: #761 - Douglas Smith - 3237 Casco Circle - Variance - Resolution At your I,')-.,(�mber 14, 1983 meeting, Council directed staff to submit the following .formation: 1. The property (Lot 18) has never been assessed a sewer nor water unit. Review the enclosed "As -Built" plans. The lot was not assigned a water nor sewer stub connection. 2. The original owner, McNeal, had a mortgage on all three lots. Tuthill paid off that mortgage in December, 1973. Lot 18 was sold to Doug Smith in 1977. Tuti.ill placed a new mortgage on Lots 16 & 17 in 1979. 3. Both Tuthill and Smith have never initiated tax abatement proceedings on neither Tuthill's part for Lots 16, 17 & 18 nor on Smith's part for Lot 1.8. 4. There is no record of a letter on file from Smith in regard to the buildability of Lot 1.8; only his comment on the face of the variance application that he purchased the lot from Tuthill in 1977 for the purpose of constructing a future home. 5. If ^ouncil wishes to pursue the claim of the applicant that similar variances have been granted by the City, you may ask for that at your meeting of January 9, 1984. The information was not submitted by the applicant after the November 14, 1983 meeting, nor did staff pursue the foll.owup response. I am sure the applicant would be able to cite these cases at your meeting and staff would be able to provide the background information if the subject applications were acted on within the last seven years. 6. How does Lot 18 rank in regard to the other developed lots on Casco Circle? Based on staff's current survey of common ownership lots and undeveloped lots within the zoning districts, Lot 18 ranks as follows: Area - Lot 18 - 18,748 sq. ft. or 77* Width- Lot 1.8 - 55 ' or. 552 Totai Casco Point area - 223 developed lot at 100% 57 or 26% are within 60%-80% of area required #761 Douglas Smith January 3, 1984 Page 2 Casco Circle neighborhood Total developed lots - 33 or 100% 7 lots or. 21.5% are within 60%-80% of area reguired 18 lots or 54.5% at or over ,ni.nimum lot area 7 lots or 21.5% are within 80%-100% of required lot area 1 lot or 3% within 40%-60% of required lot area Review the width of. 14 developed lots that surround Lot 18 - see plat map enclosed. Lot 18 - 55' or 55'is 8 lots or 57% satisfy width requirements of zoning district 1 lot or 7% within 80%-100% of lot width required 5 lots or 36% within 60%-80% of lot width required No lots within the 14 lot sample were under 60% of lot width requirement. Council has been asked to act on the Smith variance application at your meeting of January 9, 1984. The City has resolved and proposed amendments in the review process for substandard lots held in common onwership within the sewered areas of the City. In consideration of the findings setforth in the Planning Commission's majority opinion recommendation and in light of the direction to tho Council in the recommendation of the minority of the Planning Commission members, staff has drafted a recommendation of variance approval for your review. A copy of this memo and resolution will be sent to the applicant for his review and comments prior to the January 9, 1984 meeting. The City Attorney should advise -f the City is able to act formally on the Smith application until the ordinance is officially amended by the March 1, 1984 recodification deadline. REGULAR MEETING OF THE ORONO COUNCIL, NOVEMI;EI2 14, 1983. PAGE 4 #7f;1 DOUGLA S SMITII 3237 CASCO CIRCLE VARIANCE Douglas Smith .and Mr. arid ML s. were pry -_cent. Councilmember Frahm noted that there is a common ownership problem and that he would not be able to act on the application until the City has finished their common ownership study and has set some s"andards. Douglas Smith stated that delaying woui.: prevent construction. Smith noted that the City has had ample time to solve the common ownership issue. Mr. Tuthill noted that when he sold the lot to Mr . Smith that tie was under the impression that it was buildable. Tuthill noted that there is nothing specific in the zoning code which addresses the common ownership issue or problem. Major Butler read the sections from the zoning code whir'o the City bases its position on lots of common ownership. Mr. Tuthill stated that no where in that section does it mention anything about common cwnershir-. Mayor Butler noted the zoning fir the neighborhood which is half -acre and stated that the lot meets only 3/4 of the zoning requirements. Planning Commission Represer,`_ative Goetten stated that in her opini.-)n she f.eIt that the Planning Commission was trying to help Mr. Smith by approving at this time because they had hoped that resolution of the common ownership issue would be forthcoming. Councilmember Frahm noted that other people are waiting for the Council's decision regarding common ownership and not just the Smiths. Mr. Smith stated that when he purchased t.h, lot that he figured it was buildable and that he is paying taxes on a buildable lot. City Attorney Malkerson asked if this lot has been charged for a sewer unit and asked if there was a stub? Zoning Administrator Mabusth stated no that the lot has riot bcen charged for a sewer unit and that she wasn't sure if :-here was a stub available or not? Councilmember Frahm asked about a lot line rearrangement? REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 14, 1983. PAGE 5 1761 DOUGLAS SMITH Mr. 'Tuthill stated that he has sold his house as it stands and that a lot line rearrangement wouldn't be possible. Councilmember Harimerel noted that it was not unanimous approval by the Planning Commission and noted Callahan's comments which essentially meant that the common ownership issue had to be dealt. with first. Councilmember Grabek suggested setting the date earlier for resolution of the common ownership issue from,, January 1 to their December 12 meeting. Grabek noted that it is not fair to the citizens of Orono by delaying this common ownership issue. Councilmember Grabek moved, Councilmember Adams seconded, to table Douglas Smith's application p -nding more information and that the Smith application be brought back to Council on December 12 tur action based on the additional information. Grabek asked for the following information to be submitted: 1. Additional information on the sewer and taxation of sewer units. 2. What percentile this lot falls into with the surrounding neighborhood. 3. How m--)rtgages are held in common ownership situations? 4. If this !ot has a sewer stub available and how it was treated in the past. 5. Whether or not there was any tax abatement proceedings. �. Whether or not there was any correspondence from the present owner about the status of this lot, whether or not it was buildable. In applicants letter, it states that similar variances have been granted and that the applicant should identify which ones those were so that staff can investigate those to see if a precedent has been set. Motion, Ayes (5), Nays (0). Zoning Administrator Mabusth stated that all other work on zoning applications would have to cease until after the first of the year in order to allow adequate staff time on the common ownership issue. REGULAR MEF,r1NG OF THE ORONO COUNCIL, NOVEMBER 14, 1983. PAGE. (' #761 DOUGLAS SMITH Councilmember Grabek moved that. the common ownership issue be solved by the December 12, 1983 meeting. Mayor Butler asked if it was fair to hold up the rest of the community. Councilmember Grabek moved, Councilmember Adams seconded, to withdraw his former motion and moved to have the common ownership issue solved by January 9, 1984, Council meeting, and at that same meeting to act on the Smith application. Motion, Ayes (5) , Nays (0) . City Attorney Malkerson stated that the Council should ask if Mr. Smith wishes to have the Council act on his application at the December 12 meeting or table it at that time until the January 9, 1984, meeting after the common ownership issue has been resolved. Douglas Smith stated that he didn't wish to answer that at this time. Councilmember Ac4oms asked for a memo from City Administrator ,son on how the Building & Zoning Department woula set their priorities so that they can accomplish this (foal. 1765 RUDOLPII HOCH 875 PARTENWOOD LANE VARIANCE. RESOLUTION 1157a Zoning Administrator Mabusth stated that the Hach's had signed off on the resolut:,)n. Mayor Butler moved, Councilmember Hammerel seconded, to approve Resolution #1578, A Resolution Granting A Variance To Ordinance 173, to permit construction of a 60' length clock to be located 0' from tho extended side property line. Motion, Ayes (5), Nays (0). #779 DONALD MAAS/ PARR GUN CLUB 3660 SIXTH AVE. NO. CONDITIONAL USE PERMIT RESOLUTION 41579 Donald Naas was present. aning Administrator Mabu�th noted that staff had answered all the Council's questions from the last meeting concerning th., gun club use. Councilmember Hammered_ mooted, Councilmember Frahm seconded, to approve Resolution #1579, A Resolution Granting A Conditional Use Permit to Municipal Zoninq Code Section 34.821 and 32.400. M,)Lion, Ayes (5), Nays (0) . Donald Maas asked about the quit claim deed and that if the road was vacated at s.imAtime in the future, world it automatically come back to the gun club. TO: Walter R. Benson, City Administrator FROM: Jeanne A. Mabusth, Zoning Administrator DATE: November 10, 1983 SUBJECT: #761 - Duuglas If. Smith - 3237 Casco Circle - %'-iriarice Zoning District - LR-IC Application: a) Lot area Required - 21,780 sq. ft. (100% required) Required - 17,424 sq. ft. (80% required) Existing - 16,748 sq. ft. or 77% Variance - 5,032 sq. ft. or 23% (100% required) Variance - 676 sq. ft. or 3.9% (80% required) b) Lot width Required - 100' (100% required) Required - 80' (80% required) Existing - 55' Variance - 45' or 45% (100% required) Variance - 25' or 31% (80% required) List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Lot survey Exhibit L - Zoning code reference - common ownership Exhibit F - J. Richard Tuthill letter - July 19, 1983 Exhibit G - D. Smith letter - August 2, 1983 Exhibit Ii - Attorney's letter - August 25, 1983 Exhibit I - Zoning Administrator's letter - August. 29, 1983 Exhibit J - Zoning Administrator's letter - August 30, 1983 Exhibit K - Planning Commission minutes - July 18, 1983 Exhibit L - Planning Commission minutes - September 19, 1983 Exhibit M - Survey of Lots 16, 17, & 18 Exhibit N - Site Plan - Lot 18 Exhibit O - Building elevations Mr. Smith's application was accepted as a lot area and lot width variance application for a single, separate lot. Staff worked with the applicant's contractor in the preliminary work on the application. In review of the formal application, the applicant himself notes the original ownership pattern of L.ot 18. fie advises on the face of this application that he purchasc-d the lot. From Richard Iruthil l in 1977 (owner of. Lots 16 & 17) . #761 - Douglas H. Smith Noveml.2r 10, 1983 Page 2 Lot 18 is still maintained as part of the Tuthill yard. A detached garage once used by the main house is located on Lot 18. Both the applicant and Tuthill claim they knew nothing_ of the limitations of the ordinance. Remember, the ordinance has been in effect since 1967. Tuthill purchased all three lots in 1971. The applicant has been advised of the City's common ownership study and the final resolution of that study within the next few months. The applicant was advised that if the Planning Commission were to act now on the application, they would have to deny the application and that they would prefer tabling the application until the stud;: is completed. I should add, this was conveyed to the applicant's contractor at the first review meeting in July. Since that first meeting, Smith's attorney has had contact with the City asking for action on the application. Both applicants, Doug Smith and the Richard Tuthills,were present at the Planning Commission meeting in October. Review Exhibit M. The Tuthill house is located 11.6' from Lot 18 boundary. I have no confirmation as to the setback of the residence on Lot 19; although, the owner has stated the house is approximately 6 feet from the shared lot line. Review the lot survey of the Casco Circle neighborhood. The lot appears to be 5' less in width than other comparable lots on the Circle. The applicant has provided a site plan showing the proposed residence meetin all setback and hardcover standards. I would suggest that Council once again ask applicar` he would agre.2 to request tabling of the application until the City's common ownership study is completed. If not, you must act giving conceptual direction to staff to draft the necessary resolution. First, do you have enouqh information to act? For example: what is the area of Lots 16 & 17? would a lot line rearrangement be feasible? is th.�.s lot consistent with the pattern of the surrounding developed lots? Sewer and water are available. Lot 18 never received a unit charge, only a footage charge. If Council acts to approve the Smith variance application, they may use the majority opinion (4-3) of the Planning Commission as follows: to approve a lot area variance (100% standard) of 5,032 sq. ft. or 23% and a lot width variance (1.00% standard) of 45' or 45% for Doug Smith to permit construction of a new residence on a property located at 3237 Casco Circle based on the following findings: #761 - Douglas H. Smith November 10, 1983 Page 3 1. No available land - lots are developed on both sides 2. Sewer and water are available 3. House and improvements to be constructed without need for additional variances 4. Applicant purchased property not knowing the ordinance limitations on development of Lot 18 5. Variance being granted despite the common ownership issue 6. By granting this variance, there will be no negative effect on the public health, safety and welfare 7. By granting this variance, it is consistent with the development of the I area 8. By granting this variance, there should be no need for future hardcover and setback variances 9. Planning Commission would L-he to note that the garage is a non- conforming structure and subject to all pertinent oi:dinances 10. The special conditions appl_•ing to the structure �--f iand in question ire peculiar to such property or immediately ac.juining property 11. The conditions do not apply generally to other land or structures in the district and which said land is located 12. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant 13. The granting of the proposed variance will. not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the zoning code 14. That the granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty If Council cannot act to recommend approval., you have two alternatives of action: 1. Adopt minority opinion of the rlanning Commission and vote to deny the variance application of Doug Smith for a lot held in common ownership that is 5,032 sq. ft. or 23� under required 21,780 sq. ft. or 100% in area and 45 feet. or 45% undccr required 100' or 100% in lot width based on the following findin(Is: #761 - Douglas Ii. Smith November 10, 1983 Page 4 a) The City has an established policy and ordinance in effect that must be enforced b) Common ownership study must be resolved before variance can be considered c) The granting of the proposed variance will be contrary to the intent of the zoning code and the City Comprehensive Plan d) That the granting of such a variance will serve as a convenience to the applicant and there is no evidence of dem)nstrable hardship or difficulty 2. Call for a moratorium on all lot area and lot width variance applications involving common ownership question until City has completed the common ownership study. The City Attorney has advised that. this can be done at any time. in the calling for a moratorium. the Smith variance applicants may be "le;gally tabled". MINUTES OP riE PLANNING COMMISSION MEET;NG HELD OCTOBER 17, 1983 ATTENDANCE 7:30 p.m. The P1,7nninq Commission met on the above date. The following members were present: Chairman Rovegno, Goetten, McDonald, Sime, Callahan and Adams. Planning Commission member Kelley was absent. Counc:1Representative Hammerel was present. Zoning Administrator Mabusth represented City staff. /#761 COW -ALAS SMITH 32.37 CASCO CIRCLE VARIANCE Douglas Smith was present. Dick and Mary Tuthill of 3241 Casco Circle and Jane Rexiien of 3?35 Casco Circle were :resent from the audie.ice. Zoning Adminis- trator Mabusth re,, iewed with the Planning Commission the history of *he Smith application. Mabusth noted that tt e Smith application involves common ownership in the LR-lC zorind district. Goetten asked why the applicant hadn't thought of a lot line rearrangement of the two lots which would solve the common ownership problem. Di,-k Tuthill of 3241 Cascc Circle noted that Lcts 15 and 17 are combined. Jane Remien of 3235C�1/21 c e noted that the corner of Mr. Smith's lot if om her house an0 stated that she was opposeriance request. Remien noted that regardless of the common o+:,iership is:�uc that the lot still doesn't meet current standards. Callahan noted that there are -vmmon ownership standards in effect now and until the Ci �.y can revise those standards that the Planning Commission should follow the current standards. Callahan noted that in following the current standards that he would have a problem apprcviny the variance. Sime stated that he didn't feel that the ccmmcn ownership issue made a big difference but that the lot by itself doesn't comply with the current standards and noted that he would have trouble appieving a variance for such a substandard lot. McDonald noted that the Planning Commission should follow the current common ownership issues. Adams stated that the common ownership issue wasn't a big problem and if tho lot was held in single separatt ownership that the variance would be a reasonable request. Adams stated that he felt that the lot .ras buildable. MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 17, 1983 PAGE 2 #761 DOUGLAS SMITH Goetten noted that the common ownership issue must be dealt with before considering the variance request. Goetten stated that if this lot was sing?-eparate ownership that the variance request .d be reasonable and would not have a negative effect on the existing neig'-I- ,rhood . Callahan agr _ that the lot is buildab?e if the common ownership issue was solved. Sime stated that when the owner purchased the lot the common ownership wasn't a problem and the owner wasn't able to foresee the common ownership in the future. Mabusth stated that Smith purchased the let from Tuthill in 1977 and that the common ownership was in t.ffect at the time of sale. Rovegne noted that if the common ownership hadn't been a problem that the application probably wouldn't have any trouble receiving variance approval. Adams moved to approve a variance request made by Douglas Smi'-h based on the 100% standards with a lot area variance of 5,032 sf or 23% lot area and let width 45% based on the following findings: 1. No available land - lots are developed on both sides. 2. Sewer and water are available. 3 House and improvements to be constructed without. need for additional variances. 4. Applicant purchased property .lot knowzn:l that the ordinance limitations on development of Lot 18. 5. Variance being granted uespite the common ownership issue_. By granting this variance there will be no negative. effect on the public health, safety and welfare. B, granting this variance it is cc,nsistent with the development of the area. A. By granting this variance there should be no need for future hardcover and setback variances. 9. Planning Commission would like to note that the garage is a non conform.ng structure and subject to all pertinent ordinances. 10. The special conditions applying to the structure of land in question are pec-ul iar to such property or immediately adjoinii,l property. MINUTES OF THE PLANNING COMMISSION MEETING HELD OCTOBER 17, 1983 PAGE 3 #7161 DOUGLAS SMITH 11. The conditions do not apply generally to other landor structures in the district and which said land is located. 12.. the granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. 13. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. 14. That the granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficult. Rovegno seconded. Vote: Ayes (4), Nays (2). Minority Opinions - Callahan and McDonald - Callahan noted that the Planning Commission is looking at the common ownership issue backwards and the City has an ordinance ineffect that theCommission should follow. Callahan stated that the common ownership issue must be solved before granting a variance. McDonald agreed with Callahan and she noted that there is some neighbor opposition and that the common ownership issue should be solved first. #782 OLE OVERBOE "468 FOREST LAKE LANDING VARIANCE Mr. and Mrs. Overboe were present. Mabusth noted t.hat the applicant is asking for a variance to place a detached garage in their limited front yard. Callahan asked if granting this variance would be an obstacle in the future if they plan cn constructing a house on the other lot. Adams mov—i to approve Ole Overbees request for a variance fvr a detached garage to be placed 2' from the given right of way, 15' from the side and 38' from the travelled road based on the following findings: 1. Location of house on lot. 2. Substandard width 55' existing - zoning district Standards asks for 140' of width. 3 There is no additional land available. 4. The house has existed for 15+ years. MINUTES OF THE: PLANNING COMMI`';ION MEETING OF SEPTEMBER 19, 1983. PAGE A_7.61) DOUGLAS SMITH 3231 CASCO CIRCLE VARIANCE Mabusth noted that Douglas Smith notified her and asked that his application be tabled. Sime moved to table Douglas Smith's application per applicant's request. McDonald seconded. Vote: Ayes (7), Nays (0). #771 LARRY GRABILL 1350 REST POINT LANE VARIANCE Larry Grabill was present. Sime moved to approve the hardcover and setback variance application of Larry Grabill permitting an increase of 7% of hardcover within the 0-75' setback area and an increase of 3% in hardcover within the 75'- 2 50' setback area and to approve a 4' side yard setback variance and a 39' lakeshore setback variance to permit construction of a new residence per revised plan dated September 13, 198?, Exhibit A, based on the following: 1. The revised plan will permit construction further removed from the lakeshore rather than 26' as proposed in original plan. 2. The property could never be developed to meet_ current standards of the LR-IB zoning district. 3. A year-round residence has existed on the site for over 30 years. 4. There is no available vacant land to be combined with property. 5. The property is sewered. Approval is subject to the following conditions: 1. Applicant to locate new structure so that garage will abutt existing pavement. 2. No new structure may be located within the 0-75' protected area - this includes decking, patios, walkways. 3. No future variance will be granted to this severely limited property. Adams seconded. Vote: Ayes (7), Nays (0). REGULAR MEETING OF THE ORONO COUNCIL EIEiIA) FEBRUARY 27, 1984 PAGE: 2 #803 TIM ADAMS 1810 WEST FARM ROAD CONDITIONAL USE PERMIT RESOLUTION #1606 Councilmember Adams stepped down from his :'ounci1 seat to address the Council as an applicant. Acting Mayor Frahm moved, Councilmember I-iammerel seconded, to approve Resolution #1606, A Resolution Approving a Conditional Use Permit Per Municipal Zoning Code Section 31.700, to permit construction of a pond. Motion, Ayes (3), Nays (0). Tim Adams returned to his seat as Councilmember. 6766 DOUGLAS SMITH 3237 CASCO CIRCLE VARIANCE RESOLUTION #1607 Douglas Smith was present. Acting Mayor Frahm asked what the status of Lots 16 and 17 were. Zoning Administrator Mabusth stated that Lots 16 and 17 are legally combined. Acting Mayor Frahm stated that "Lots 16 and 17 are legally combined" should be added to finding #3 in the Resol ut'i,-n . Acting Mayor Frahm moved, Councilmember Hammerel seconded, to approve Resolution #1607, 1, Resolution Granting A Variances to Municipal 7.oninq Code Section 34.552, to permit construction of a new residence, subject to amending finding $3. Motion, Ayes (4), Nays (0). LEASE. AGREEMENT LAKEVIEW GOLF COURSE Acting Mayor Frahm moved, CouncilrT her Adams seconded, to approve the lease agree, : for the Lakeview Golf Course handicapped _cess for elections. Motion, Ayes (4), Nays (0). ADVERTISE FOR BTDS HANDICAPPED ACCESS PRECINCT #3 Acting Mayor Frahm moved, Councilmember Grabek seconded, to authorize staff toadvertise for bids for the handicap accessibility improvements for the Lakeview Golf Course for precinct 13. Motion, Ayes (4), Nays (0). HENNEPIN COUNTY ROAD #15 REPORT Councilmember Adams announced the Hennepin County Board Meetinq on March 22, 1984. REGULAR MEETING OF THE OR-1;, COUNCIL, JANUARY 9, 1984. PAGE .' LAKE MINNETONKA CONSERVATION DIST. There were no1.,ake Minnetonka Conservation District comments. Mayor Butler noted the 1984 schedule of the LMCD and that they are still meeting in restaurants. PLANNING COMMISSION COMMENTS Planning Commission Representative Goetten had no comments. PUBLIC COMMENTS The public present had no comments. rJ:;iaOUGLAS SMITH 3237 CASCO CIRCLE VARIANCE RESOLUTION Douglas Smith was not present. Councilmember Hammerel moved, Councilmember Adams seconded, to table the Douglas Smith application until the applicant can be present. Motion, Ayes (5), Nays (0). #802 JOHN MUNSELL 4100 NORTH SHORE DRIVE VARIANCE RESOLUTION #1596 John Munsell was present. Mayor Butler moved, Councilmember Grabek seconded, to approve Resolution 01596, A Resolution Granting Variances to Municipal 'Zoning Code Sections 34.452 to permit the construction of a new residence. Motion, Ayes (5), hays (0). #798 NORTH SHORE DRIVE MARINA 3222 NORTH SHORE DRIVE CONCEPTUAL REVIEW OF PROPOSED REZONING Larry Hork and Bruce Douglas, Hork's attorney, were present. Zoning Administrator Mabusth stated that. she had brought the application back to Council for more Council direction. Councilmember Frahm stated that he didn't want to see any more dockage and that he wanted to see more restrictions on the on -land boat storaqe. Frahm statedthatnaturalbufferingsshould be a requirement. on both the lakeshore and street side and that hardcover should be controlled. Frahm stated that the B--i Tore may not have all those requirements or controls. Councilmember Frahm stated that if they City just. rezones Hork's property that the City would get pressure from Chaska Marini to rezone their property t c)c, . TO: Planning Commission Members FROM: Jeanne A. Mabusth, Zoning Administrator DATE: September 13, 1983 SUBJECT: #761 - Douglas Smith - 3237 Casco Circle - Variance Application rescheduled before the Planning Commission at the request of the applicant. Application - Variance - T,ot Area - Lot Width a) Lot Area Required - 21,780 sq. ft. (100% Required) Required - 17,424 sq. ft. (80% Required) Existing - 16,748 sq. ft. or 77% Variance - 5,032 sq. ft. or 23% (100% required) Variance - 676 sq. ft. or 3.9% (80% required) b) Lot Width Required - 100' (100% Required) Required - 80' (80% Required) Existing - 55' Variance - 45' or 45`b (100% Required) Variance - 25' or 31% (80% Required) List of Exhibits Exhibit A - Lot Width & Lot Area Study Exhibit B - Tuthill letter - July 19, 1983 Exhibit C - Smith letter - August 2, 1983 Exhibit D - Brouchle letter - August 25, 1983 Exhibit E - Zoning Administrator's letter - August 29, 1983 Exhibit F - Zoning Administrator's letter - August 30, 1983 Exhibit G - Current Survey with Smith Application Exhibit H - Tuthill Survey dated June 1, 1973 Exhibit I - Planning Commission minutes - July 18, 1983 Please review the exchanges in correspondence between property owners (present and past), attorney and the Zoning Administrator. Mr. Smith's secretary called to ask that his application be rescheduled on the Planning Commission agenda. I assume for a recommendation, not a tabling. If the applicant seeks action, you must act on the application and send it can to Council. If we are asked to review the question of a common ownership of Lots 16, 17, & 18, Spring Park, then I feel additional information is required. #761 - Douglas Smith September 13, 1983 Page 2 What is the total area of Lets 16 & 17? Where is the principal structure on combined Lots 16 & 17 in relation to the shared lot line between Lots 1.7 & 18? What is the setback from that line? Is a lot line rearrangement feasible? Would a lot line rearrangement bring their property into size and width conformance with the surrounding properties? Review Exhibit A. Is this lot consistent with the pattern of surrounding developed lots? Sewer and water are available to the property but Lot 18 never received a unit assessment, only footage charge If it is the Planning Commission's opinion that this additional informa- tion is not necessary because the existing ordinances clearly define your course of action, finding comhinec: Lots 16 & 17 will not provide adequate area or width for Lot 18 to s-, ;_sfy 100% of the standards of the LR-IC zoning district. Planning Commission may act to deny the application finding the following standards cannot be upheld for approval of this variance: a) the special conditions applying to the structure of land in question are peculiar: to such property or immediately adjoining property; and b) the conditions do not apply generally to other land or structures in the district in which said land is located; and c) the granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant; and d) the granting of the proposed variance will not in any way impair. health,-afet�, comfort, metals, or in any other respect be contrary to the intent of the Zoning Code; and e) that the granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. And direct Council to call for a moratorium on all lot area and lot width variances involving common ownership question until the City's study is completed and amendment of ordinances determined. If Planning Commission is of the opinion that there is sufficient information available to act on the application, you may cons -:der the following findings: 1. No available land - lots developed on either side 2. Sewer and water are available 3. House and improvements to be constructed without the need of additional variances 4. Applicant purchased proporty not knowing of ord.inancti Limitation:; on development of Lot 18. #761 - Douglas Smith September 13, 1983 Page 3 or Planning Commission cannot maker a determination because it lacks additional information on Lots 16 & 17, specifically a survey showing the existing house location and setback from shared prcper--y line. I would advise that you only ask for this information if you feel a lot line rearrangement is appropriate. You may find the applicant will refuse this request since he has no control over combined Lots 16 & 17. MINU'CF.S of THE PLANNING COMMISSION Mt:F;'nNG OF .JULY 18, 1983. parle 11 ''I.RICH (CONT) Mabusth stated that she had never been made aware of any other alternatives to muskrat problems from the DNR. She noted that this seawall method was an acceptable method to the DNR. Callah n noted that the Council minutes of. July 28, 1990 reflet-;t that there are no other methods for th muskrat proble. Goetten moved to table William Ulrich's application pending receipt of input from the City Engineer, the DNR's "other methods", and the neighbors. Goetten would like to inspect the other sites in Orono that have seawalls to see if the seawall solved the problem. Also for staf f to check out the drainageway. M-7Donald seconder). Vote: Ayes (4) , Nays (1) . Adams minority ,pinion - Adams noted that he felt that the problem Mr. Ulrich has with the muskrats is very urgent. He noted that Mr. Ulrich has a very well ``ought out plan eliminating the safety problem he has on his property and to table the application may be creating a safety hazard. Anyone can step into one of the muskrat holes and break a leg or a small child could fall into one of those and drown. Mr. Ulrich stated that he did fill in the holes caused by the muskrat:;. 1751 DCUGLAS SMITH 32.37 CASCO CIRCLE: VARIANCE Mabusth noted that when she took the appl ication in it appeared to be a simple lot of separate record and it .lid not meet_ 818 of the standards. t41nile doing the review she found a problem of -ommon ownership. Two neighbors were present for this application. Jane Remienand Pat Spilseth. The builder was present for Douglas Smith. Sime aske,.l i f thero wasn't a common cr-wnership problem would staff have any other problems with this application. Mabusth stated that if this was a lot of separate record, staff would still have a problem with this application. Goetten asked the neighbors if they had any comments. Pat Spilseth stated that she would be opposed to this v,ar i.ance appl ication becauss,� their lots are so c-lose together and the noise level could be bad. 1-ano Remien st-atPd that she too would be opp(se,l to the ,rar i , orv-e appl icitiun hee..ause of the lots being so close together. She stated if the lot isn't rilht size how ,an you justify buildinv7 on it? KINUTES OF THE PLANNING COMMISSION MEETING OF JULY 18, 198" page 12 'SMITH (CONT) The agent for the applicant was advise_'. of th,�� common ownership study being conducted currently by the City and that the Planning Commission would have to recommend tabling Smith's application until that study was completed. Mabusth advised that Smith should be given the opportunity to address the issue with staff and Planning Commission. Sime moved to table Douglas Smith's variance application pending resolution of common ownership question and ask that the appl icant please attend the next Planning Commission meeting. Adams seconded. Vote: Ayes (5), Nays (0). #762 THOMAS CORSON 4195 HIGHMOOD ROAD VARIANCE Mr. and Mrs. Corson were present. Mabusth reviewed with the Planning Commission Mr. Corson's request of a setback variance for a detached garage. He wishes to keep the same setback of the existing garage which is 9.6' and to put up a 32' x 24' detached garage in its place. Mabusth noted the applicants hardships as the severe slope and several mature trees. Goetten asked the appl icant why he needed such a large garage? Applicant stated that he would like to put a double garage next to a single one used for a hobby shop. His basement_ is non existent and so its because of that. No plumbing will he installed. Callahan moved to approve the street setback variance application of Thomas Corson to permit the construction of a 32' x 2.4' det_ache.l garage based on the following findings and hardsh-ps: 1. Slope of land to the south of the proposed garage. 2. Location of a mature oak and several small trees. 3. Proposed setback will allow use of existing gravel turnaround and cut down on additional hardcover. Approval is subject to the following conditions: 1. Doors of garage must face away from the street. 2. T+irnaruund to be maintained on the site - no backin7 out onto Highwood Road. Sime seconded. Vote: Ayes (5), Nays (0). TO: Planning Commission FROM: Jeanne A. Mabusth, Zoning Administrator DATE: July 14, 1983 SUBJECT: 0761 Douglas H. Smith, 3237 Casco Circle - Variance - Lot Area & Lot Width Zoning District -- LR-lC Application - a) Lot Area Required _ 21,780 sf (100% Required) Required = 17,424 sf (80% Required) Existing = 16,748 sf or 77% Variance = 5,032 sf. or 23% (100% required) Variance = 676 sf or 3.9% (80% required) b) Lot Width Required = 100' Required = 80' Existing = 55' Variance = 45' Variance = 25' (100% Required) (80% Required) or 450 (100% Required) or 3;% (80% Required) This application was accepted on the basis that the lot of separate record dial not meet 80% of the lot standards required for the LR-lC zoning district. In reviewing the site and the exi.stinq improvements on Lot 18, one cannot help but notice a previous use/ownership connection between combined Lots 16 and 17 to the immediate north. The lot is still maintained as part of the yard. I reviewed the tax roles back to 1979 and found that Douglas Smith is the owner of Lot 18. The applicant/owner confirms the sale in 1977. I checked tax files on Lots 16 and 17 and found the enclosed deed f.,c the sale of all three lots to J. Richard Tuthill in June of 1971. Plarning Commission has the following options in review of this application: 1) To table pending resolution of common ownership question; - I'm sure we'll have an unhappy applicant as he is ready to build. Please note that in his addendum to the application, he openly .reveals that Lot 18 was separated from Lots 16 and 17 in 1977. The LR-IC zoning district was created in 1967. The applicant has demonstrated complete openness in his responses to the inform4 tion sought in the applicani-in. Once again revit::w enclosed Ordinances 31.201 and 31.202. Our applicant could not understand why he had to apply for a variance because he did not meet the 6)� standard. Tha common ownership question will compound that difficulty even more. Hopefully, I will get the opportunity to explain the common owners>hip issue I)r iur to the meeting. .3L J I Ldsc:u i-ircie Variance Page 2 2) To act ,.he variance application for a lot of separate record per the staff survey of vacant lakeshore lots held eithL in common ownership or separate ownership eased on the following findings: a) Staff accepted the application believing it waC merely for a tot area and width variance. b) The proposed development of Lot 18 as a single residential unit is consistent with surrounding pattern of neighborhood development. c) The proposed application does not require any variances. d) Existing garage should be noted as a non- conforming structure and subject to all pertinent ordinances. 3) To deny the lot area and lot widt.h variance application finding Lot 16, originally held in common ownership with Lots 16 and 17 prior to 1971, does not meet the required 100% of all lot standards of the LR-lC zoning district. Viis is a difficult one for both staff and Planning Commission.. 1 would strongly suggest you go with option 1 and push for resolution of the common ownership issue. MINUTES ON THE PLANNING COMMISSION MEETING HELD NOVEMBER 18, 1985. PAGE 3 Mr. 8.3umacn stated that lie felt that the proposed pl.,In conforms with the average setback based on all the area properties. Assistant Zoji .ng Administrator Gaffron pointed out that the average setback is determined by the two adjacent properties only and, as shown in Exhibit E, does not conform with the average setback. Gertrude Noelt.ing, 1060 Tonkawa Road, was present and stated the proposed pool would be "l,gly" from an outside view and felt it wou 4 "Tizin?-sh the value of tier property. She stated that) there space to place the pool in another area. Marge Gasch, 1030 Tonkawa Road, was present and stated the pool would encroach upon their sight line and would effect their property value. She invited the Planning Commission to visit her home to view the sight problem. Taylor stated an aesthetic landscape plan should be submitted. Chairman Callahan stated that elevation plan should also be submitted. Commission discussed various options for pla—meat of deck and pool uiiding. The Commission generally felt that the hardcover trade-off variance would not be a problem. There were no other persons present to speak on this matter and the public hearing was closed. It was moved by Chairman Callahan+, seconded by Goeften, to table this matter pendinc landscape, site, pool building, and elevation plans. Mot n, Ayes 6, Nays 0. f T #988 JAMES E. MERTES 32a7 CASCO CIRCLE VAR I ANC'E PUBLIC HEARING 8:52 - 9:15 Jim and Ruthmary Mertes were present for this matter.. Chairman Callahan explained the request for renewal of a lot width and lot area variance, which wa.s previosly granted to owner, Douglas Smith, in February 1984 per Resolution #1607. Doug Smith was present for this matter and stated that the applicant's, Mr. 6 Mrs. James Mertes, bought this property contingent upon renewal of these variances. Jana & Jack Rermien, 3235 Casco Circle, were present for this matter. Jane Remien stated that thr.y were unhappy about this because the l,t is too small, .is is their lot. MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMHER 18, 1.985. PAGE 4 Tom Colson, 3241 Casco Circle, was present and stated that the lot in question was not consistent with the other lots in the area. He also stated that the existing garage on the lot should be removed whether the variance is granted or not. Mr. Corson felt that the original variance should not have been granted being this lot is only 54' in width. Jim Mertes stated that they Eelt they would not have a problem meeting the setbacks and hardcover requirements. Goetten stated that the `.ire Casco Point area is a high intense residential a: She noted that the lot size was consistent with the aL ilthough it would be one of the smallest lots. Tom Corson stated that they would be making a crowded situation even more crowded. Ile q-1estioned the initial intent of the ordinance requiring a 100' lot width. Chairman Callahan stated that the lot was intended to provide a residence and the hardship is that there is no other adjacent property available. :here were no more comments from the public and the public hearing was closed. It was moved by Rovegno, seconded by Goetten, to recommend renewal of the lot width and lot area variances noting that the Issues (1-7 ) and Findings (1-19 ) , prepared by staf f , were found to be sufficient. Motion, Ayes 5, Nays 1. Kelley voted nay stating it would be overbuilt for lot size. 1989 HENNEPIN COUNTY DEPT. OF TRANSPORTATION HENDRICKSON ACCESS CONDITIONAI, USE. PERMIT PUBLIC HEARING 11:40 -11:50 IIennepin County pro, oses dredging approximately a 20' xl26' wide corridor, removing 4.5' of lake botton along the edge of the Hendrickson boat ramp, and constructing a 126' long seawall along the sides of the inplace boat ramp. There were no persons present regarding this matte. this time. Planning Commission table this matter until the December 16th meeting. f990 WARD FERRELL 3411-3415 WATERTOWN ROAD VARIANCE PUBLIC HH"I NG 9:29 - 9:37 Applicant requests lot area/lot width variances to construct homes on two substandard vacant commonly -owned lots adjacent to the exisit.ing residence at 3405 Watertown Road. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE #988 4HEREAS, James E. Mertes (hereinafter "the applicant") has an interest in the property located at 3237 Casco Circle within the City of Orono (hereinafter "City") and iegally described as follows: I.ot 18, Spring Park, also all the land including the vacated highway, Lake Shore Drive, lying between the Northeasterly line of said lot and the shore of Lake Minnetonka and between the Northwesteriy and Southeasterly lines of said Lot 18 extended Northeasterly to said lake shore, a ' being part of Government Lot 6, Section 20, Township 117 North, Range 23 West of the 5th Principal Meridian, and also indicated on the plat of said Spring Park, (hereinafter "property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a new residence on a property that is 16,742 square feet in area or 77% of the minimum area required of 21,780 square feet or half acre and the width of the property is 55 feet -)r 55% of the required 100 feet of lot width. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the C4_t•,,, Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #988. 2. The property is located in the I,R-1C Single Family-,akeshore Residential Zoning District. 3. The property was in common ownership with contiguous Lots 16 and 17, Spring Park prior to 1967 through 1977 when the current owner, Douglas Smith, parchased the property. Lots 16 and 17 are now iegally combined. 4. Section 10.03, Subdivision 6 (A) (1) of the Municipal Zoning Code provides for development of lots of record held in separate ownership since prior to the effective date of the zoning regula- tion, provided a lot of record meets 80% of the required lot area and lot width and has municipal sewer available. Page 1 of 5 City of ORONO RESOLUTION OF THE. CITY COUNCIL N O. _ - --- 5. Prior to December 19, 1983, the City Council always required that when two or more lots were owned in common, each lot must individually meet or exceed the requirements of the Zoning Code before any of the lots can be built upon and that two or more substandard lots owned in common must be combined so that the resulting combined lot meets the rquirements of the Zoning Code before the lots can be built upon. 6. Upon completion of a 6 month City wide review of the common ownership issue, o:-i December 19, 1983, the City approved a pro- posed amendment of the municipal code that would permit all substandard undeveloped lots within the sewered areas of. the City regardless of the ownership of these lots, the same standards for review. 7. The property is 16,748 square feet or 77e of the required area. The property is consistent in area with 7 other developed :,ts within a total developed neighborhood of 33 lots. 8. The property measures 55 feet in lot width and is approxi- mately 5 feet short of the narrowest lots in the 33 lot Casco Circle neighborhood at 60 feet. 9. The Orono Planning Commission reviewed this application on November 18, 1985, and a majorit•, of its members recommended approval of the variances as proposed based upon the following findings: A) No available land - lots are developed on both sides of property. B) The property is served with sewer and water. C) A house and improvements can be constructed without the need for additional variances. D) By granting this variance there will be no negative effect on the public health. safety and welfare. F.) By granting this variance it is consistent with the development of the area. F) By granting this variance there should be no need for future hardcover and setback variances. �) The special conditions applyinq to the parcel of land in question are peculiar to such property or immediateJy ad- joining property. Fa g c 2 <) f Cite of ORONO RESOLUTION OF THE CITY COUNCIL NC. 11) The conditions do not apply generally to other land or structures in the district .in which said land is located. I) The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. J) The granting of the proposed variances will not in anyway impair the l ealth safety, comfort, morals, or in any other respect by ccntrary to the intent of the Zoning Code. K) That the granting of such variances will not merely serve as a convenience to t.ne applicant, but is necessary to alleviate demonstrable hardship or difficulty. 10. This application is a renewal of variances granted on February 27, 1984, and the findings stated in that, approval resolution (No. 1607) were acceptable at that time and are still valid. 11. The City Council has considered this application including the findings and rec:ommen-lations of the Planning Commission, reports by City staff, cor ments by the owner and the effect of the proposed variances on he health, safety and welfare of the conununity. 12. The City Council find:. 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 affec 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; ;_s necessary to preserve a substantial property right of the appli- cant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to the Municipal Zoning Code Section 10.25, Sub- division 6 (B) to permit the construction of a new residence on a property 16,748 square feetin area or 77% of the. required 21,700 square feet (112 acre) and with a lot. width of 55 f�-,et. or 55% of the required 100 feet of lot width subject to the following conditions: 1. All new construction at 3237 Casco Circle shall meet a 20' side setback from the adjacent structure to the south, per F.xh i hi t. A attached, exrtapt that they standard :ion -encroachments such as chimneys, etc. (per 7.oninq Code Sect ion 10.03, :,uh�li vision 15) sha 1 1 t)c measured f rom the 201 house -to -house setback line rather than the normal 10' side setback line. Page I of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2. The detached garage located within the right-of-way of Casco Circle is a non -conforming structure and subject to all pertinent municipal ordinances for non -conforming structures. 3. The only variances granted with this approval are lot area and lot width. No other variances are granted. 4. Applicant is hereby advised that in approving the development of this substandard property that all future improvements must meet the current standards of the code and that a future Council might not approve any improvement to the property that requires a variance. 5. Applicant shall pay the appropriate water unit charge, sewer connection fees, and park fee at the time that a building permit is issued. 6. The property owner shall bear all costs of connection to the municipal sewer and water, including the installation of new stubs to serve the property, if required. 7. .Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (December 9, 1986). B. Violation of or non-compliance lith any of the terms and conditions of this variance small constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 9. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors, and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 13th day of January, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary C. T?utler, Mayor �Property Ownf_r roperty Owner I'age 4 caf 5 City of ORONO RESOLUTION OF THE CITY COUN ;IL NO. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this _ day of _ 1986 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 DiY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this _ day of , 1986, before me i Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 5 of 5 To: Mayar Butler Mark E. Bernhardson, City Administrator.; , )� Orono Council Members From: Jeanne A. Mabusth, Zoninq Administrator Date: January 7, 1986 , Subject: #989 Hennepin County Highway Department of Transportation - Hendrickson Access - Conditional U:,e Permit Pertinent Ordinance Section 10.03, Subdivision 19 - Conditional Use Permit to Install Seawall List of Exhibits Exhibit A - Application Exhibit B - Map Exhibit C - Property Owners List Exhibit D - Hennepin County's Letter of 11/15/85 Exhibit E - Anchorage Elevation Exhibit F - General Plan Exhibit G - Ault Letter of 12/4/85 Exhibit If - M.C.W.D. Permit Exhibit I - LMCD Approval Letter Hennepin County proposes dredging approximately 20'xl26' wide corridor, removing 4.5' of lake botton along the edge of c,,e Hendrickson boat ramp - see Exhibit F. A seawall will be constructed along the sides of the inplace boat ramp and continue for a distance of 63 feet along each side of shoreline for a total distance of 126 feet. The seawal I will be constructed of steel and topped with treated timber. Timbc_,r must be treated with pentachlorophenol not chromated copper drsenat-. Dredged material will not be used for backf i l l; granular fill will be used as backf4l]. Mr. Ault advises that dredging is required to obtain navigable clearance adjacent to proposed seawall - prevent stacking out in bay area creating traffic problems. Dredginq will also involve the removal of existing rip -rap adjacent to shore. Harlon Olson of Bonestroo, P.nderlik Inc. (engineering consultant's for City) has reviewed the plans and confirms the structural stability of seawal].. The DNR, M.C.W.D. and LMCD have all approved the project. Lights are not proposed with this project but may be considered as an independent project sometime in the future. Planning Commission recommends approval of the conditional use application for the Hennepin County Department. of Transportation for a proposed seawall of approximately 126 feet in length along the shoreline, adjacent to the Hendrickson boat ramp subject to the following conditions: I. Penta.chlorophenol treated timbers to be used in construction. 2. Granular fill can only be used for backfill - dredged material to be removed from site. 3. A geotexti le filter fabric to be used behind they metal seawa 1 1. The enclosed resolution has been drafted to inrludo the necessary findings and conditions. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDTIONAL USE PERMIT PrR MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE. #989 WHEREAS, the Hennepin County Highway Department of Transportation (hereinafter "the applicant") has applied to the City of Orono (hereinafter "the �City") for a conditional use permit per Section 10.03, Subdivision 19 to permit the installation of a seawall at the Hendrickson Public Access. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, FINDINGS 1. This application was reviewed as Zoning File #989. 2. The property is located in the LR-lC Lakeshore Residential Zoning District. 3. On December 16, 1985, the Orono Planning Commission reviewed the application and recommended approval of the conditional use pei t based on the following findings: A) The proposed seawall will replace existing rip -rap that has not provided adequate erosion control along shoreline of heavily used access. B) The proposed seawall and dredging will facilitate access to and from lake. 4. The City Counci 1 has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of 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 a]. 1 o� T the instal 1 at. i on of 126 feet of seawall wi 1 1 not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property wi 11 he in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Page 1 of 3 C� itv- (W ORONO RESOLUTION OF THE CITY COUNCIL NO. C NCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a Conditional Use Permit per. Municipal Zoning Code Section 10.03, Subdivision 19 to permit the installation of 126 feet of seawall, subject to the following conditions: 1. Pentachlor.ophenol. treated timbers to be used in construction. 2. Granular fill. can only be used for backfill - "hedged material to be removed from site. 3. A geotexti.le filter fabric to be used behind the metal. sea- wall. 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. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 13th day of January, 1986. ATTEST: Dorothy M. fiallin, City Clerk Mary C. Butler, Mayor (1) Property Owner Prier 2 cif 3 C"ity of ORONO RESOLUTION OF THE CITY COUNCIL A NO. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this _ ____ day of _ ____ _ `_ i^, 1986 before me a Notary Public within and for said county, personally appeared known to me to be the persusi(s) described in and who executed the foregoing instrument and acknowledged that he (they) executed the same as his (thcrir) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE ()F M1 NNESOTA ) )ss. COUNTY OF HENNEPIN ) On tnis day of , 1986, before me a Not-- Publ c w1i�n and for said County, personally appeared known to me to be the perk de8cri.bed in and who execut_ed she foregoinginstrument, and nowlodged that he (they) executed the same as his (their) free act an,i (iced. NOTARY PUBLIC MY C'OMMISSI0N EXPIRES Page 3 of 3 CITY OF ORONU 8 9 GENERAI. LAND USE APPLICATION PROPERTY LOCATION Site Address 071_( Property Identification Number (r.I.D.) Please check one -- Is the property abstract or torrens7 (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. t',PPLICANT Name ,�����, n l 1 - d1 1.-.,.r — f.)4Phone '__ M.iiling-Address-� c�_�'LjLL ]`t!'J--/� �c___�• -------------------- �t Name 4Y C hUnf Mai l ioq Address Date Proper v Acquire<: (month/year) I (do) (do not; also own the a._j,:ent parcels of land. FBI. - CONDITIMOAL USX 2MITS $100.00 a) Residential accessory Use $150.00 ►, Tr-'Stitutional (church, school, etc.) $150.00 t) Dlplex Credit/Bldg $250.00 d) Commercial/Industrial Use ✓ $200.00 f-) Land Alteration (gradinq, filling) PRD/PID - see fee schedule Other Applications $250.00 Vpcation $250.00 Rezonin(; $ 100.00 f ppea l s Other - see fee schedule PRESENT USE OF Pitt RTY Present Zoning District _ Present Use of Property — Residential Other (specify) ------------------------------------------------------------•--------------- DESCRIPTION OF REQUEST Describe request in ietail: ti d, ",..7 AL" 2- FEQUIF-W SUBMITTALS 1. Completed Applicat 'orm. 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, le al sized envelopes (t10) pre-ad,3ressed to each of the name!. on the above list with no return address. 4. Certificate of survey. 5. Construction plans, if applicable. 6. Plat Map. The Applicant and Property Ow, r must sign this api.-ication. Please remember that. your :application is r.o complete if the abo,.e information has not been irr-1 uded . --------------------------------------------------------------------------- APPLICANT'S SIGNATT' a The applicant hereby grees to provide all information required or requested by the Zoning Administra,or, 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 b?st of his/her knowledge. Applicant's signature — 4URPS SIGNATURE Date The owner hereby acknowlt-3(.-�,-- •JA agrees to this application and further authorizes reasonable entr} :.0 the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owr,r's signature _.__ Date -- Applicant mtjst have all submittals into the City offi,..•es 25 clays befor- the Planning Commission Meeting. Panning Commission Meet ings are held on tht ird Monday of each month. 151�, 119 7 l. 51 "'i PRING 51 .125 Fox ST t _ 84 i ORONC I MINNE T\0 19 SEAWALL 51-7258 7t e:l C7 v � 08-117-23 34 0001 Hennepin County Hennepin County 08-117-23 34 0002 Hennepin County Hennepin County Hennepin County Dcpartmont of 'i -,,nsportation Hendrickson Access 08-117-23 34 0005 Hennepin County Hennepin County 08-117-23 34 0006 Hennepin County Hennepin County 08-117-23 34 0010 Sylvester & Waida Van Hove 3619 No Shore Drive Wayzata, MN 55391 08-117-23 34 0011 Lawrence & Ardell Jones 3605 No Shore Drive Wayzata.MN 55391 08-1I7-23 34 0003 08-117-23 34 0007 08-117-23 34 0035 Hennepin County Glen L. Hendrickson City of Orono Hennepin County 3645 No Shore Drive P.O. Box b6 Wayzata, MN 55391 Crystal Bay, MN 55323 08-117-23 34 0004 08-117-23 34 0008 08-117-23 34 0050 Hennepin County Zvi & Miriam Liberman Al & Donna Hagen Hennepin County 3324 Gettysbura Avenue So. 3655 No Shore Drive St. Lo,ais Park, MN 55426 Wayzata, MN 55391 08-117-23 34 0053 Rex L. Ressler 3683 No Shore Drive Way_. ta, MN 55391 08-117-23 34 0054 Glenn & Donna Upton 3685 No Shore Drive Wayzata, MN 55391 08-117-23 34 0009 Iry Paster 4300 Robbins Landing Robbinsdale, MN 55422 n8-117-23 34 0— Warren E. Berg 3669 No Shore Drive Wayzata, MN 55391 08--11-1-23 34 0052 'carry Skrypec 3675 No Shore Drive Wayzata, hLN 55391 U DEPARTMENT OF TRANSPORTATION [T 320 Washington Av. South z Hopkins, Minnesota 55343-84681 L �' fiENNEPIN 935-3381 TTY 935-6433 #989 October 15, 1985 L� CITYY O , I'%�, Ms. Jeanne A. Mabusth Building and Zoning Administrator City of irono Box 66 Crystal Bay, Minnesota, 55323 COUNTY PROJECT 8456, CSAH 51 PROPOSED SEAWALL CONSTRUCTION AT HENDRICKSON ALCESS, NORTH ARM OF LAKE MINNETONKA ONR P.A. NO. 866109 Dear Ms. Mabusth: Enclosed for your review are plans for seawall construction at the Hendrickson access un the North Arm of Lake Minnetonka. The project is scheduled for a late fall, 1985 letting with construction in the spring of 1986. Should you have any questions, please contact -- Sincerely, i 1-4mes E. Ault, P.E. Hydraulics Engineer JEA:mak Enclosure HENNEPIN COUNTY an equal opp~thy QmPtovrr a 0 0 rn m m m m D r_.. n Z r�- v� O N r- N D p RI � p O Ri co c n L4 O I �o m V) — o m G7 c7 G7 G-) C7 C- m "PI n C ) v) Ci m -•+ � ,1 p r ^ n -T1 rn t rn �o D � CVO LNr\L lV,l1'41VL_ HENDRIC CH AN AP4Rp1[I1iAT VIEDGINC L ol CS !'�L ACf T IIA�A/ �� i SEAWALL 'RCxaA-t - ���\,_ �:►�;-� ;,�;� �•� � .� �` � o RCP + e ; 1 • o, / _LR ; 'SEA T ►T - OP�SF ROPOSFD sPIL \\'4 SEGENERAL PLANC WAY Imp"ACi 5Pll.Lol PLATE 6' x4• x r 6, x6, xi TREATE: S4S. PLATE -3' ItiFLACE 511. CURB " r STRUL'JRA: TJ 6 rPt' x r r2' _NG DATA _.a SABLE CLAYS 4' SPG. 4• o T - Z 5TRUr7uRAL TUBIW. — 6• x4• x .• (D) 2 GR S d F ('D • MIRE ROPE 5 (TR OF G)(D-W = 9-'• ______ �� L (M-M) - 3 10 GR LS d F; (M-w) £COMP. PEAT(M-M) --} i••x!2" BAR 16 GR LS (M) r\C 7 A T DEPARTMENT OF TRANSPORTATION ; `= 320 Washington Av. South HENNEPIN Hopkins, Minnesota 55343-8468 ��A,504r 935-3381 TTY 935-6433 December 4, 1985 Ms. Jeanne A. Mabusth Zoning Administrator City of Orono P.O. Box 86 Crystal Bay, Minnesota, 55323 PROljSED SEAWALL AT HENDRICKSON ACCESS; NORTH ARM OF LAKE MINNETONKA. (ZONING FILE #989) Dear Ms. Mabusth: We have reviewed the notice of planning commission action for the above project which was sent November 20, 1985. The proposed dredging is for removal of existing riprap and to obtain sufficient depth for navigational clearance adjacent to the proposed seawall. Dredged material will not be deposited in back of the seawall. Granular backfill will be used. The dredged material will be taken from the site. We have filed a permit application with the DNR. Installation of lights is not included in this contract. However, this 4..ssue could be considered under a separate contract. Most likely this would be arranged directly with Northern States Power Company. We do not have any monies budgeted for this item at the present time Should you have any additional questions, please contact me. Sincerely, 4James E. Ault, P.E. Hydraulics Engineer JEA,mak HENNEPIN COUNTY an equal opportunifv employer vAW ^�F11 r 1.1� C51985 MI I `' iED MINNEHAHA CREEK` fact rlM�t►oMca WATERSHED DISTRICT P.t '3ox 3SP Wayzata, Minnesota 55391 M1MNiso►. P .i. BOARD OF MANWIS David H Cochran Pies . Albert L I ehmao • Ju^,n F Thomas M c gar! q Carroll .Camille 0 Andle .James B M Mr'ethy -James R SPensley Permit Application No: 85-173 Date: November 27, 1985 Owner: Nenrepin Co. LOT 320 Washington Ave. So. Hopkins, MN 55343 Location: City of Orono, Sec. BCDD, North Arm - Lake Minnetonka Purpose: Replace an existing timber seawall with a metal wall and perform dredging to facilitate access to the Hendrickson public access. Dear Mr. Ault: At the regular'y scheduled November 21, 1985 meeting of the Board of Managers, the subject permit application was reviewed along with the following exhibits: 1. Permit Application 85-173. 2. Cover letter dated October 15, 1985 signed by J. Ault, Hennepin Co. Hydraulics En- peer. 3. Request for _,vnents from the DNR, dated September 25, 1985. 4. Specification_ for the project dated September 10, 1985 prepared by Hennepin Co. 5. Title and plan sheet for the project, dated November 1, 1985 prepared by Hennepin Co. The Board approved the permit application with the conditions that: 1. A gec;textile filter fabric be used behind the metal seawall. 2. Granular fill only be used as backfili behind the wall. The Board further recommended that vertical wooden bumpers be provided along the seawall to prevent and reduce damage to moored boats. This permit is valid for one year. If construction is not complete within one (I) year, an extension must be requested. Please contact the District at 473-4224 when this project is about to commence so an inspector may view the work in progress. EUGENE A. HICKOK AND ASSOCIATES Engine for th Di rt cc: Board / G. Macomber �_� J. Boudreau, DNR M cha 1 A. Pa r, _-,elty of Orono Date of Issu J bt � LAKE MINNETONKA. CONSERVATION DISTRICT L M(:%) 402 EAS T LAKE S 1 HEE T WAYZATA, MINNESOTA 55391 TELEPHONE 6121473 7033 SOAROIAEMlERS Hobert Tipton Brown. Chairman (3 r e e nwood Flobri, P Hascop. Vice Chnirmar, Shorewood JoFaam Hurt. Secretary Urono Jon Flarti. Treasurer Mound Edward 0 Bauman h,nka Bay Donald F Boynton Minnetonka Peach Frank de Monchau■ Mmneirisla Rich 1 J (3:1,wood .,.,ephnvPn Audrey Gisvold Wayzata Ron Kinerner Spring Pnik Rot)orl K PdlgbUry Mmnelomka Hoborl " Slocum Woodland Richard J Soderberg Victoria Carl " Wetsser E •celsior FRANK MIXA. EXECUTIVE UIRECIOR December 16, 1985 James E. Ault, F.E. Hennepin DoT 320 Washington Ave. S. Hopkins, MN 55343-8468 Dear Jim: Subj: County Project 8456 - Seawall, Hendrickson Access The District has reviewed county maintenance plans at Hendrickson's Access on North Arm, in- cluding construction of a seawall. The Board has appoved the project with the recom- mendation that the r-ounty include provision for some type of male, eady accommodations at the site. Sincerely, 1,AKE MINNETONKA CONSERVATION DISTRICT ,5g � Ma. 4 >/I, - �-_ — Frank Mixa Fxercutive Director jm c City of Orono To: Mayor Butler, , I�" Mark Bernhardson, City Administrator r Orono Council Members From: Jeanne A. Mabusth, Zoning Administrator Date: January 6, 1986 Subject: #992 City of Orono - Cot ty Road and Spates Avenue - Conditional Use Permit and Variance Pertinent Ordiances: Section 10.03, Subdivision 19 - Conditional Use Permit required for land alteration Section 10.55, Subdivision 8 - Variance required to fill or grade within 75 feet of lakeshore List of Exhibits Exhibit A - Property Owners Dist Exhibit B - Certificate of Mailing Exhibit C - Affidavit of Publication Exhibit D - Sketch of bake Access Exhibit E - Road Profile Exhibit F - Elevations Review of Project The City proposes upgrading the Spates Avenue lake access. Fill will be placed within the 14 foot wide access in order to raise and level out the elevations up to Count Road 15 approach. Cars will no longer haves to accelerate up the severe lope to get out onto County Road. A level stopping area will be maintained for safe use. The total amouizt of fill to be installed will. equal appr:;ximat.ely 44 to 50 cubic yards of f i 11. Note the proposed and existing elevations on road profile (13% slope off lake and leveling to 1% slope at road inter- section). Staff is working with marina owner to east side of access to remove both LP tanks and any other obstructions deemed hazardous for sighting. Judy Boudreau of the DNR has advised that a permit is not required because fill will not be placed below the 929.4 elevation. Jim Mahady of the M.C.W.D. advises our engin. -r that formal permitting may not be necessary and because of the limited amount of fill may be administratively permit.t—I within the next two days. Planning Commission recommends approval of the City of Orono's appli- cation for a condi.ional use permit and variance to permit filling and grading within 75 feet of the lakeshore based on the following findings: 1. Imprrvement will result in greater safety for users of lake access. 2. Improvement. will facilitate access off lake. Zoning File #992 January 6, 1985 Page 2 of 2 Conditions of approval: 1. Staff to work with marina operator to remove all obstacles deemed obstructions to sighting. 2. City to use all necessary erosion control measures prior to and after improvement. The enclosed resolution has been drafted to incorporate these findings and conditions. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOI.UIION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.5%, SUBDIVISION 8; AND A COND'ITIONAL USE P MIT TO MUNICIPAL 40NING CODE SECTION 10.U.f, SUBDIVISION 19 FILE 1992 WHEREAS, The City of Orono (herein -after "the City") has mane application for a variance per Section 10.55, Subdivision 8 to fill and grade within 75 feet of the lakeshore and per Section 10.03, Subdivision 19 -ks a conditional use permit for the alteration of the Spates Avenue Lake ,ess located within the City of Orono. NOW, T}. "REFORE, BE IT RF.:XLJE.D by the City Counci 1 of Orono, MinneS a' FINDINGS 1. This application was reviewed as Zoning File t992. 2. The property is located in the LR-lA Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on December 1.6, 1985, and recommended approval of the proposed variance to permit grading and filling within 75 feet of the 3akeshore per Section 10.55, Subdivision 8; and recommended app> >val of a conditional use permit for the alteration of the lake access per Section 10.03, Subdivision 19 based on the following findings: A) The proposed improvement will result in greater safety for users of the lake access. 10 The proposed improvement will facilitate _access off la.e. 4. The City Council finds that the conditions existing on this property Are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adverFely affect trsffic conditions, light, air nor pose a fire hezard or other clanger to neighboring properties,; would i.-1. merely serve as a convenience to the City, but is necessary to allevi_,te a demcnstrable hardship or difficulty; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Pagf- 1 of 4 of O R ONO ' RESOLUTION OF T':,' G, r COUNCIL NO. 5. The City Council finds that granting . ~•ciiditional use permit tc, - flow the alteration of the 1 ke acceLs v.-ill not be detrimental to th health, safety or general welfare of the public, would not adversely affect 1,ig1;t, air nor pose a fire hazard or other danger to neighboring properties, nor will it eciate surrounding property values and that the continued use of property will be in k-eping with the : ntent and ob jectivcs of the Zining Cc,de a::d Com_ r sive P l aii of the City. CONCLUSIONS, ORDrR &N[i "ONUZT10m. Based upon one or more of 'r.. above ('ridings, the Orono City Counci I hereby grants a variance: t 'unicipa 1 Zoning Code Section 10.55, .;ul-iivis.ion ^ t: allow grad filling within 75 feet of the 1ake:s and grants a condit-i( permit per Section 10.03, ...-. _-o IQ to Pei sit trr_ alteratii_ ti >.lic access subi-rt to the fol v.. ig conditionu: 1. Ci'; to use all necessary erosion c ,1 measures prior to and after improvement. 2. City tc -ork with ad ,, _ ator in order to remove a l l -hj,cacles det.ned hazardo ci public access. 3. uthorit.ies gr3ntr, y ].,,n run with t-.z property not wAh the ;►r,al' ---nt, ►.u,-i:s.,v only and Rtust b.- exercised by p1ic.*' ;'.r a bui.i kWit within one • -r �,L the date of .c,,!lnc l a, firs-val, or t.h- spt : iz,_ cuditi_ons of tr.. b resolution wi 1 1 ?XPjrL on tr, +t d to (jar..ary 13, 1987). 4, Violation of or no -coir -,i iar.c:e w: th any of the t gars and conditions of this resolution sha' ' cons*itute a vi.c lation of the zoninq --ode, shall automatically termi.rate any authority granted he' 1. and a`iall he punishable as a misdemeanor. 5. .hP ondersign applicant has read, a zderstoud and he r:e`:Y -pee to t' rrs of s resol ut i,,n and on behalf of hi mn- t f , is success, . s asrl signs, he- Ly agrees tc the i . c r of :s r, -.olution in the cha: . of title of the property. Pig •fie - of 4 City of ORONO RESOLUTION Of T14E CITY COUNCIL NO. Adopted b, the Orono City Council on this 13th dsy of January, 1986. ATTEST s norothy M. Hall!: City Clerk- Ma_, C. Butler, Mayor () Property Owner -1aq(`• 1 .)f 4 C%ity Of ORONO MINNESOTA ss. CC',NTY OF HENNEPIN RESOLUTION OF THE CITY COUNCIL NO. On this day of _ 1986 before me a Notary Publics within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and ack. -fledged that he (they) executed the same as his (their) free ac`_ and dee,'— NOTARY PUBLIC MY COMMISSION EY.PIRE STA12E OF MINNESOTA ) )ss. COTINTY OF HENNEPIN ) On this _ da )f , 1986, before me a Notary nub. within anu for said County, personally appeared _ known to me to be the persons) described in and_ w_io executed the foiegoinginstrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ,RY PUBLIC MY CUM.MiSSIUN EXPIRES Page 4 of 4 t'l 10-117-23 42 0012 E. Robie Wayne 4418 Ellerdale Rd. Minnetonka, MN 55343 10-117-23 31 0096 Harriet Spates Torangeau 2060 Central Ave. Wayzata, MN 55391 10- '-23 42 0006 Ronald Prineas 1980 Heritage Dr. Wayzata, MN 55391 10-117-23 31 0089 Daniel Crear 1980 Spates Ave Wayzata, MN 55391 10-117-23 31 0090 Richaid Stinson 2040 Central Ave. Wayzata,MN 55391 10--117-23 31 0001 r. George F. Rovegno 1010 Shoreline Dr. Wayzata, MN 55391 10-117-23 31 C002 John T. Spence 2040 N. Shore Dr. Wayzata, MN 55391 10-111-23 31 0008 Helen Bowers 2055 Spates Ave. Wayzata, MN 55391 10-117-23 42 0005 1930 Shoreline: Dr. Wayzata, MN 55391 10.117--,3 42 0007 Kenneth G Flsie Harter 1940 Shoreline Dr. Wayzi�ta, MN 55391 f• STATE OF MINNESCTA ) COUNTY OF HENNEPIN CITY OF ORONO ) I, Amy Klaers, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning 0992 was mailed to the attached l' st of property of. ->w•ners on November 7, 1985. In Witness Whereof , I have hereunto scat my hand and seal on this seventhday of November. Amy C;IT o OTICE he Ptannwiy t; omrrisq on will holo r riijbl�r, Nearing In the Cour(!l Charrtrrs at 1275 South Bruwu Rood on Monday. November 1e tHaS for the public review pt the forowlnp Irtd use applications, I No 967 Ro4a1 J. ealttrtert, 1040 Tonkews Road—/lydoover end avwapa Ytflaahore set- back vW*x:es to coretruot art arrctoa id sw+m mtnp pool Z. No..90 James Ei MpItx. 3237 Chao Ciao --het area and bt truth valMrtoea to ooM struat a new residence. kI 3 No. Oft Wentepet fxrpeRrtrna d X Trrtopertal,on. twe Awe" icanty lbw 61 beirMn Road ti ab t CoutNy RW 13b)--CadltwrW use pinny for construction of eeerwe/, I . 4 No, 440 Ward Ferree, 341143415 WNW tweet Read— Lot wee and wi ffafl misiwse'!o runeMuct rwWnow an per. p.M�wr�ii�tnah. +sat�)t�ti+l 76 Ahw�Mi�learrrstlofair .nOt grs111��tirMtirt 76' rt+ arc v a Ns, 992 Cay of Orera fyey jepea 1!i at t. fteeta torw wri�eymi ux (trat�ltp tttl/Ait6 7fi teat d f�fi NtarMv `` at glte ptiYllc aooeee, i Trall�owa' low nnitlr ad ffF shim 4 No JAM Fqm* tt4ttadt Ituo Mralsrlon Road—Alww WO we Venal fur own-mago A" stime 01merm"M 4. ^a p OW% wr.: elf to be toad will Mean at 0111 r. W NNW corrrarnfa We $060ted. Porto we evadeeae kv revNw In the city oftiose Oily at Orono by WCAwtattNewn tAritult ►. r3arfron A- ent Zomno Ad/Nnietratc.r inlb L.Y. utd PeterAm wow. a. low NOV 8 CST ,_r --. I `. u�ON err 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 re- quirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. B ► The printed 1 ,y Al& b Jr7ce/ which is attached was cut from the columns of said newspaper, and was printed and published once each week for successive weeks It was firM published Tuesday, the day ofC� 19 0 and was thereafter printed and published every Tuestiay, to and including Tuesday, the day of . 19 Authorized Agent Subscribed and sworn to me on this 6 day of Or V, , 1. rr Fly A/ - Ae_ . r , Notary Public gate ln/ormotion (1) Lwwst dfeeemad rate Dal' by ; ,r•nwt ref uaera for utrn{rrabM sf7.cs $6 ttio oer wwh f?I MstaettON rate Mtowed by tar for aexrre +wtta 64 13 piny rneh t3) Rate ar' UNk rttirpsd Id atorxe matter 64 1',11 piny dW-h f ar_tl 'N"t a ial we ceiwAve W"t* 6:: r,- per -W.?, m ._ � .,. 1 .... _ j. _. i T _.�.._.,.,.- �-�...�- ...�_.. �-----__.,_....._.-_.�-�--_ .�_.. .. ._--......... _._. __�,�r�..__�..,,� ff f f � � � i i � { � • • 'n` -• � '* � ! !' � } � . ___,.�... _ ... � �,...._... .._.__ _ , _ _ .. .;,.. _ _.. _._ � _._ _ _.._ _...__ _ _, .. � _�_._._.._ _. _._..... _._..._ . _, f _. _ _.. �.._ .___. �` � -� { � �; � � � � • ' � � ` ( i �� r _ i _ t_ _ -_ - -- '�`T'�------__� i ! [:•�•CTi:.�. "lC'hE. �`.:�tFa�... Ai5•)__ �tC. I -�-`--..��. f' ,..hM51ASiai: FACA■L6P3• 1 �. . - � Tc Mayor Butler, Mark Bernhardson, City Administrator 1 I� Orono Council Members From: Jeanne A. Mahusth, 'Zoning Administrator Date: January 8, 1986 Subject.: #995 Joe Durda & Joan Anthony 3115 & 3135 North Shore Drive - Condi.t.onal use Permit and Permit or approval to remove trees ov,ar 6 inches in diameter within 79 feet of lakeshore. Zoning District - L,R-111 Pertinent Ordinances Section 10.03, Subdivision 19 - repair of seawall required cone i_iona use permit. Section 10.22, Su), livision 3 - permit or Council approval. re- quired for removal of mature trees within 75 feet of lakeshore. List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Seawall - Steel Sheet Preliminary Exhibit E - DNR Permit Exhibit F - M.C.W.D. Approvai Exhibit G - Sketch of Lagocn Area The applicants propose maintenance dredging of existing ]ago-i and channel area that is shared by both properties. 1550 cubic yards of fill is to be dredged and removed from site. The wooden seawall on Durda's side of the channel, approximately 224 fees in length will be removed and replaced with rip rap. Durda plans to rip rap 617 lineal feet of additional , line to prevent further eiosion i-to lagoon. Durda plans to con—' • ct a permanent deck within lagoon. Mrs. Anthony wi l l replace deteriorating wocclen seawal l of 114 feet with steel. sheeting seawall - see Exhibit D. Three of t.h "our mature e: in question have been removed because they were leaning over one house creating a hazard for the owners. The coae says that Council. must qrant permits for the removal. of trees within 75 feet of the lakeshore. In the absence of a formal procedur�!, Planninq Commission recommends approval because of the safety factor an,l in addition has conditioned approval on the owner planting replacements (at least three (3) with three inch diameters) within his lakeshore. Zonis - File #995 Janua.-y 8, 1986 Page 2 of 2 Planning Commission recommends approval. at (31.1-17, North Shore Drive) of a conditional use permit for repair of existing seawall and the remove' of four mature trees within the Lakeshore yard of 3135 north Shore Drive based on the following findings: 1. The e,istinq seawall is det.erioratinq and creating a potential hazard to navigation and erosion problems. 2. The trees were in a hazardous condition and posed a threat of p--operty damage. 3. DN:2 & M.C.w.D. the application. Conditions of approve are A, tol.lows: 1. Dredged materia_ is to be removed from site. 2. Durda to plant. three (3) trees with 3 inch diameters within lake pore yard. 3. Applicants tc obtaii; buil.dinq permits for seawall and permanent dock. 4. Applicant to Provide appropriate erosion control at time Of seawall. construction - specifically within sough of lagoon. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTIN,. A CONDT7t' -? PER141T PER MUNIC 11ING CODE SELTI ON 10.0.1, :!;ION 19 AND A PERMIT PER MUN1_ ZONING CODE SECTION 10..'.. , SU_,JTVISION FILL NO. 995 WHEREAS, Joe Durda and Joan J. Anthony (herei.. fter. "the ?Pt :�icants") are the respective owners of the properties located at 3135 ad 3115 North Shore Drive wi'Lhin the City of Orono (hereinafter "City') and legal' y described as follows: 3135 North Shore Drive - Tract A RLS No. 1113 1.5 Nort`: Shore Drive - Tracts A&$ RLS No. 269 (hereinatt-r "propei. -xe^') ard, W,.,RR`AS, the applicants have applied to the City o` Orono fcr a Conditional Use Permit to permit the repair of a sea wall at 3115 North Shore Drivc. per M•nicipal Zoning Code Sect 10 n3, Subdivision 19 and per Section 10.22, 'uudivision 3 seeks permis3 c,n to remo••r four mature trees within 75 feet * the lake at 3135 North Shc.ce Drive. NOW, THEREFORE, BE IT RESOLvEC 5y the City Counc: 1 of Orono, Minnesota: F7D7 NGS '. This applicat4on was reviewed as Z-jaiing File 4995. 2. Th- property �s located ..,i tc.e LR-113 Lakeshota Residential. Distri. . 3. on December ) 6, 1983, the Oro*,o PI rrir y Commission reviewed the appli, -+ ion as proposed and recommender approva 1 bssoci on the following t it ,sings: a) The existing sea wall at 3115 'North .-if-tore Drive deteriorated 4nd pr'sf,s a hazard tr navigatior and craates ern- proL�lcros. b) The trees were in a haz,—'4o+.,x cond ion nd posed a threat of damage to principal reside • .3131) North ''� -e Drive. c ) DNR and NCWD havo .-approved tt. ! project.. 1';io 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the 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 the repair of a sea wall an-] permission to remove four mature trees within 75 feet of the lakeshore wi'.1 not be detrimental to the health, safety r general welfare of the public, would not adversely affect light, tir 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 sed u^on one or more of the above findings, the Oi ono City Council hereby grant:. a Conditional Use Permit per Municipal Zoning Section 10.03, Subdivision 19 to permit the repair of a sea wall at 3115 North Shore Drive and per Section 10.22, Subdivision 3,approves the remova'_ of four mature trees within 75 feet of the lakeshore, subject to the fol',owing conditions: 1. Dredged material to be removed from site. 2. owner of property locate: at 3135 must plant three, three inch diameter trees within lakeshoi yard by June 15, 1986. 3. Applicants to obtain bi,ilding permits for sea wail and permanent dock. 4. Erosion control to be provided at mouth of lagoon prior to repair of sea wall. 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall cc.nstitut.e a violation of the zoning code, shall automatically terminate any authority granted here- in, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolu- tion in the chain of title of the property. Page 2 of 4 �,ity of ORONO RESOLUTION OF THE CITY COUNCIL NO. Adopted by the Orono Cil: y Council on this 12th day of November, 1985. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor (1) Property Owner 2) Property Owner Page 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MI14NESOTA ) ss. COUNTY OF HENNEPIN ) On this _ di y of before me a Notary Public wi hin appeared the person(s) described in an, instrument, and acknowledged tha his (their) free act and deed. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) 1986 and for said county, personally known to me to be 3 who executed the foregoing he (they) executed the same as NOTARY PUBLIC hY COMMISSION EXPIREF On this day o_ , 1986, 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 I'age 4 of 4 i CITY OF ORONO 995 GENERAL LAND USE APPLICATION --------------------------------------------------------------------------•- PROPERTY LOCATION Site Address 3115 North Shore Drive, Orono Property Identification Number (P.I.D. ) 0911723320013 RLS 269 Tract A & 8 Please check one - Is the property abstract or X,torrens? (for_ Conditional Use Applications only) Please attach legal des ription to application if not included on required survey. ------------------------------ ------------------------------------------- APPLICANT Name Clifford Reep Phone 475-1816 Mailing Address 16820 Edgf -)od Avenue, Wayzata, MN 55391 --------------------- -------- --------------------------------------------- OWNER Name Joan Anthony Phone 471-9451 Mailing Address 3115 North shore Drive, Orono,MN 55391 Date Property Acquired — _ (month/year) I (do) (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- PEES - CONDITIONAL USE. PERMITS $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bl.dg $250.00 d) Commercial/Industrial Us(-. $200.00 Oand Alteration (grading, filling) PRD/PID - see fee schedule Other Applications $250.00 Vacation $250.00 Rezoning Appeals Other - see fee schedule PRESENT USE OF PROPERTY, Present Zoning District LR-18 Present Use of Property :jingle -family Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST 0Urd0. S1de 6' iHec s To b c i' a Nt o ✓ c d J ry ,,, c4j ur IC 42' <<` aMc ( cans.• Twawd Tl.. k -*L4i r- e4 wt/r Describe request in detail: b'' "�Iilwced ol���:�o�It �'01 bee' , rod Remove existing deteriorated wooden seawall and replace with a steel sheet pile directly behind the existing wall. The new wall will be constructed first, then the old wall will be remove. ino;ipr to prevent the possible erosion of the shoreline durring construction. -------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certif ied Property Owners List of owners within 350' (you can obtain this lisv- from Hennepin County Department of Finance A-603Government Center 348-3271) 3. Stamped, legal sized envelopes (ii10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. Certified R.L.S. acceptable, as per our conversation on September 5, 1985 5. Construction plans, if applicable. 6. Plat Map. -------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has nct been included. -------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agreestopayallfeesand/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best '^f 1 -s/h knowledge. Applicant's signature rr <�1(7i, "•� Date �� OWNERL SIGNATURE The owner hereby acknowledges and agrees to this application a -A further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation eiid verification of thi request. Owner's signature �,�.; � '� Date Pr ------------------------------ F---------- ---------------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetingsare held on the third Monday of each month. - t �� `t'K '� "- 21 C,C • r'c-� '.1 i s ' - � ._ 27 \ � V o' \ `• fir. h0 a 15 71 f 10' �65.59 30 -� �-' ch R.. ti o 5 a hot/ `���' •>•' oronodo • �j, ir or 40 v t o y ^!7 - _ `gyporAso l \� �5p � I • � 6 � •��tt (� r A I �� 1� 6 �- ';: o e No. I i i 3 ; M h. I. V' H' �. N w s r4 �E o• 6s,� rt�•sfE J<w ��'vw,� KS 100 o rao �J'L 2x �o + .a.. •JLM :� I JLM •�s JLY S "-v Z)0) (17Ao) rl� *j. a, i o i1Z24) a ` E i:40J PUN DATE 09/05/85 BATCH 007 3? 09-117-23 32 0006 PROP ADDR 03090 NCRTH SHOPE DR CS^:ER NAVE BETTY E COLLINS TAX,PAYEP. BETTY E STHER t11',ME/ADDR 3090 NORTH SHOE OR WAYZATA t:'d 55391 38 09-117-23 32 0009 PPOP AD,R 03130 t,C!?TH St:OPE DR M,.;EP NAME H J PENNER ETAL TAXPAYEP MERMAN J REN?!ER K,'J1E/A0DR 31CO NORTH SHCRE DR WAYZATA MN 55391 38 09-117-23 32 0013 PROP ADDR 03115 1.2P.TH SHORE CR O::NER NAVE JOAN J ANTHONY TAXPAYER JOAN J ANTHONY NAME/AOOR 3115 NORTH SHOPE DRIVE WAYZATA MN 55391 r 38 09-117-23 32 0016 P70P ADGR 03105 NORTH 5110RE OR O:,NER NAME V J P LUN'D:UIST ETAL TAXPAYER VIPGIL J P LLIMQUIST NAME/ADDR 4805 SUI:NtiSIDE MPLS MN 5542 33 n9-1I7-23 33 0001 i PROP ADDR 03155 NCP.TH SHORE OR Ow"'EER NAME JACK F PHODE TAXPAYER JACK, F RHODE NAME/ADDR 3740 IDS TOWER Aft MPLS MN 55402 .� 38 09-117-23 33 0013 PROP ADDP 03145 NORTH SHORE DR 0:0:EP Nkt:E J A S CUSSE TA'r.PAYER JC'.it4 B OR SUSAN M BUSSE NAPE/ADDR 3145 NO77H SHORE OR WAYZATA Yd1 55391 r HENNEPIN COUNTY PROPERTY INFOPMATION SYSTFM PROPERTY OWNEPS LIST 38 09-117-23 32 0007 03120 NORTH SHORE OR K R HARTER ETAL MARK A CAROL ENGEBREISON 3120 N!1PTH SHOPE DR WAYZATA MN 55391 38 09-117-23 32 0010 03186 NORTH SHORE DR DON G BCHN ETAL OCN G BCt'N 3136 NOPTH SHORE DR WAYZATA MN 55391 38 09-117-23 32 0014 03095 NOF.TH SHORE DR PUS�ELL C HEOLLRiD R WIFE RU';SELL C HEDLU'.7D 97 WCCOLANJ CIPCLE MPLS MN 55424 38 09-117-23 32 0018 03135 NOP.TH SHOPE DR GEOe?GE J DECK JP GE09GE J BECK JP C"0 HOME L "ITY 9109-739 P 0 BOX 80L, WALNUT CREE4' -A 94596 18 09-1I7-23 33 0002 01430 BOHNS POINT PO V'1 J LAUER ET AL TRUSTEES WILLIAM J LAUER 15409 WAYZATA RLVD WAYZATA M:1 55391 38 09-117-23 33 0016 031AS NCRTH SHORE DR T A S ENLOW THO"AS C 9 SUSAN S ENLOW 31C:S N SHOPE OP ORC1t0 M1 SS391 PEPOPT NO. PI435401 PAGE 22 38 09-117-23 32 0008 03160 NORTH SHORE DR ACHES STETLER CHARLES W STETLER 3160 NCRTH SHORE DRIVE WAYZATA MH 55391 38 09-117-23 32 0011 03188 NORTH SHORE OR T O ALBERS A R P TOUPHAT TEPEt.CE D & ROXAt^tE ALSEPS 3182 NORTH SHOPE DR WAYZATA MI 55391 38 09-117-23 32 0015 03085 NOPTH SHORE DR CEPTIL E OLSON CEPTIL OLSON 2420 HENNEPIN AVE MPLS 1^1 55405 38 09-117-23 32 0020 03070 NORTH SHOPE OR S A J WEINER STANFORD A WEINEP 3070 t[OPTH SHCPE DR WAYZATA MN 553?1 39 09-117-23 33 0009 03175 NCRTH SHOE OR FREDERICK T MILLER, FPEDERICK T MILLER. 3175 NORTH SH^RE DR OP.ONO M1 55391 TOTAL BATCH 007 00017 99m OATE 09/05i85 HEfNEPIN COUNTY PPOPERTY INF(`PMATION SYSTEM REPORT N0. PI435401 PPOPEPTY OWNEP.S LIST PAGE Z3 BATCH 007 #99 5 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE RErPESENTATION OF INFOPMATION AS IT APPEARS THIS DATE Cfl THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PRCqERTY TAXATION. TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE 5Y In in ro The new standard of quality for light weight steel -heet piling for permanent and temporary structures that speeds work and reduces costs. L-'- S P Superior Piling, Inc. ..front the People wh(� know — --W I steel '.,h(-,t �)iiing test MA'M • STOPS EROSION • RECLAIM WASHED OUT PROPERTY • RE-ESTABLISH PROPERTY LINES • KEEP OUT MUSKRATS AND PESTS • BEAUTY AND DURABILITY INCREASES PROPERTY VALUES IN STOCI _ ►rOR IMMEDIATE PICK-UP Super Piling Deadmen Cut to your Exact lengths Variety of structural shapes Cap Angles in stock Stocked in various sizes - Fabrication Tie Rods Complete fabricating facility #4, #5, #6, #7 size rods for your convenience SOME TYPICAL APPLICATIONS 'Trench Shoring Bridge and Culvert Retaining Walls Wing Walls Groin Walls for Shoreline Protection Beach Erosion Erosion Control Earth Darn Core Seawalls and Boat Slips Left -in -Place Dikes and Levees Concrete Forms Ditch Check Dams Cofferdams Spillway and Machinery Foundation Flood Control Bridge Decking SPECIFICATIONS �t`•t 0M. l Wgl fSa Ft + Wgt �L+n Ft Sac Mod FI WRW SUPER 'I- 7 ga 1 9 6 14 4 2 67 SUPER 8- 8 ga l 88 1.3 1' 2 6 SUPE9 10 - 10 ga 72 108 2 SUPER 12 - 12 ga 56 j 84 1 65 Superior DISTRIBUTED BY Piling, Inc ..- _16k ESTIMATING CHART No. of No. of Pits Wall Feet Pilq Wall Feet 1 1 50 20 3000 2 300 30 4500 3 4 50 40 6000 4 600 5 750 50 9000 6 900 70_ 10500 7 1050 80 12000 8 1200 90 13500 9 1350 10 1500 100 15000 MATr" T,' IL i t STOCK r:ll rill m PROTECTED WATERS PERMIT P.A. rmsb.r fOTA TO BE RECORDED WITH A .-n! of Nakr a peuIRrcns 7 THE COUNTY RECORDER p,!rsuant to Ninnesota Sta.uies, Chapter 10'i, and on the basis of ststesents and inforeation contsinto in t' ;ersit application, letters, gaps, and plans submitted by the applicant and other- supporting data, all of mhi• are made a part hereof by reference, PERMISSION IS HEREBY GNANIIO to the applicant named below to change the cours, c•,rrent, nr miss section of the folis•wing: Prstected haler �.� �— County —-_--� - •__.._ _Lake, Minnetonka 27-133P (Crystal Bay 021) Hennepin Name Of Applicant ~— —��- — Telephone Number (include Ares Code, Joe Durda and Joan Anthony (612) 448-6789 Address (No. A Street. VD. Bon No., City. State, lip Code)� '135 No. Shore Drive and 3115 No. Shore Drive., Orono, M. 55391 Autherited to: A. Maintenance dredge 155E cu. yds. of silt from exi.iting lagoon and charnel; rem^vm 214 fret of wooden spa wall, riprap 617 lineal feet of shoreline, corintruct permanent drr'k: it. Construct 114 foot steel -sheeting retaining wall for TITLE REGI STRATIGN all as indicated in application and plans recrttved August S. 198r. Purpose of Permit:_._.._,_ Nevi ational access and erosion protection I Preporty Described as: SPy SECT. 9, T117N, R23101, Specif ir_al lye 1 I Date of peroit-Tapiration Novesrnber 30, County A. RLS 11113 Tract A Bs See attached t..Xi�.l;,}jQ Hennepin As Indicated (5): (if applicable) As Indicated (9): (i1 aGpl:;af;lr) The Ordinary VNA 11ligh Water Level - 929.4 `tGVD,1919 this permit is granted subject to the followinq GfNIRAt and SPtC1A1 PROVISIONS: 1986 GI N(NAl. PNott 1 S I ON S I. Ibis permit is permissive only and stall not rtlesse the persittee free any liability cr obli7at!on ispeae by Ninnesots Statutvs. federal taw nr ioral ordinances relating H ereto and shall remain in force subject t all conditions and limitations nor or hereafter imposed by law. 7. 40 thong* shall be made, without written otraisslon previously obtained frog the Commissioner of Natural Rtsnurtes in the disensions, capacity or location of any items of work authorited hereunder. J. the ptraittet shall grant access to tSt site at all reasonable tiers dir:ng and after construction to suthorjte renr-;entativts of the Commissioner of Natural Resources for inspection of the work awtharirrd hereunder, .. Ihis pereal say be terminated by the Commissioner of Natural Resources at any time he dress i" ee-ossory for the censtrvation of the water resources of the state, or in the interest of public health and welfart, or fo- vielatinn of may of the provisions of this sit, unit's otherwise provided in the Special Provisions. S, %c•- +►wrflen mock authorized under this permit shall be coayleted on or bef-art the do,# sftcified above unle- trro!natrl at htrein,fttr provided, Upon written request to the CCtntttiortr by the Peroittet, stating t►• reason therefore, an extension of time say be obtained. i. the e.,avation of -toll autherired hertin shall net he cons!rued to include the removal of organic eetter(s i-dicated &bevel uAle-ts the area from which -tnrh .fgantt estter is removed, is isp*rvizus, _r is staled by the atPl:iation ••f bentonite after excavation. !. ;n all cases where the doing by the permitter of anything sutic•rited by this permit shall involve tbt taking. using, or damaging of any property rights or interests of any other person or persons, or of any pmblicly eon#. lands or imprevesents thereon or interests therein, the persittoo, before pre-ooding therewith, shall O tsi= 11-e written consent of all persons, agencies, or authorities concerned. sod shall a:.ii.irt all property. r►ght% and i^ferett-t nerelsory therefore. a, Ihi; i.re,o i, permit%1vt only. Of, liability shall b* imposed upon or incurred by the relate r.f s;nnestts any �f its :ffirers, oq*nta or oop h yots, officially or personally, on ate'junt of the grant,-tg hers*f or c a.ro,.r.t 4 any iaoaae t.1 any person or property yes+acting from any sit or esisfira of the persittoo r• a, of 0% agents. ►slloyees. or C^nfrortnrs rel ling to ary matter hereunder. twin Permit -th*ll net to torscrvr a% eslOpp irig or Iisit!no any legal d ais$ or right of rt►on of at, it perion other than the state against the pors:ttet, its aq-nt%, eaployees, er contractor;, for any damage or injury resulting from any such act or osilsion, •%tcppi.tg or limit inq any legal cl&is or right of action of the state against the permitter, its agents, • ?ytes, or contractors fir violation of or failure to Coop Iy with the permit or applicable provisions of tar. No pit orIaI excavated by authority of this permit nor eat orial from otter %our(a, except as spec IFiad herein, shall be plated on any portion of the bed of said waters which lies below(as indicated above)if applitoble. anv e+tensinn of the su-fact of said water% resulting from rock authorized by this permit shall become protected waters and legit oper and unobstructed for use by the public. this permit shall r►cost tffertive on the Oat@ it is recorded in yvr County in the Offi t of the Recorder. Provided, :no worli affecting protected *&ties authorized heroin shs:. not to commenced until a Notice of Permit he. been con_picuously postrl at the construction site and a copy of the recorded permit is posted on or near the premises upon which such s.rrk is conducted. A Notice of Permit will be ko atd by the Commissioner upon k;i receipt of a Certified copy of the recorded permit. All go -moral and sp-cial r�rovisiun% of this permit shall bind the persittee, his hairs and assigns and sho!l run with IN- land After the completion of the project authorised. prrs►tlee shall supply the Department of NaLurol Resources with p otographx of the project area. Perini+tee shall maintain the m_:Rorited project in a stable and safe corditid.s. At &ny time the Comsissinner finds that the protect is •,kje.t to instability, creates a navigation hataed. hrt become a Public nuisance. or has follon into a state ±f disrepair, he shall order the owner to rt7air tl,e ;reject within & specified time. 7rosissientr's nrder tersina:i.iq this permit say also require the persittee, at 11.% own •apense, to remove wl the time specified in said orde••, any authorized project constructed under this peralt and, if applicable, &r nauth^rived project in violation r, this -lormit. Said Order shall also require the permitter to restore, if weceseary, the protected water% or beds thereof t,) the condition eaisting before the unsuthorired activity. chit pen tt does not obviate any requiets•nt for federal as%ewt from the tl S Corps e! frginters, 1135 U.S. post Office and custoe House, St. Paul, Minnesota 55 01. A(C1At PROVISIONS The permit too shall comply with all rules, regulations, requirements or standards of the Minnesota Pollution Control Ageni-y and other applicahl-e federal, s ate or local agencies. Permatter shall ensure that the contractor has received arl nughly understands all conditions of this permit. Frosion control measures shall be adequately designed for the site charactiaristics. They tray inrlctde staked haybales, diversion channels, sediment ponds, or sediscent fences. They shall be installed prior to r,mmencecment and tasintainirg throughout protect. All exposed soil shall he restoced (by seeding and mulching or sodding and staking) within 72 houts of rompletinn of project. Foreveted materials shall not be deposited or stored along side the protected water in a scanner where the materials can be redeposited into the protected water by reasonable etsper-ted high stator or atoms runoff. WSCOF - MSNNFNA►IA CRlrElt MSD - CITY or oftow) - LAKE "INNF.TONKA C.D. - blENIIIEPiN SWCD - JlM IONPAD, C.U. - ST. PAUL WATERS - LAKE FR'fe(uted at St. Peal, Ainnesota 1 ofrlt 411 of _�t!s�tAfILP1eC this _/B 41da y of —ri►ed and sworn to before se this ConNISSIriNt 1f!f 414111501A r4PARINfNl Of NATIMA1 11SOUNtIS day of :eemissierr a+piresc i����j.� NYUmrlaed SitsnmtYrs othry I wbic Sileattse• Mer!t L,4kesmoe - R tonal H dr.0 I.?J iat. u +stake t h�: IS, aq . e.N•KrM•.+�NIrMMwVwv. ✓• MY: w i MIIVNEHAHA CREEK -' I' l�K� MIMNFTOIM. WATERSHED DISTRICT- P.O. Box 387, Wayzata, Minnesota 55391 Mr11N[SOT� BOARD OF MANAGERS: David H Cochran. Res - Albert L Lehman . John E Thomas Camille D Andre . James © McWethy . James R Spensley - Richard R Miller Permit Application "- 85-127 Date: December 20, 1985 Owner: Joe Dc Joan Anthony 3135 No. Shore Drive 3115 No. Shore Drive Orono, MN 55391 Orono, MN 55391 Location: City of Orono, Sec. 9CCA, existing lagoon connected to Crystal Bay - Lake Minnetonku Purpose: Maintenance dredging of an existing channel and lagoon, removal of 224 lineal feet of deteriorating wooden seawall aid replace with 114 feet of steel sheetpile and 727 lineal feet of rip rap shoreline a-osion oror ctior Dear Mr. Durda: Receipt is acknowledged frr 1) a letter from Joan Anthony dated November 5, 1985, received December 19, 1985 and 2) a copy of DNR Permit 86-607, dated November 18, 1985. These documents are in accordance with the action taken by the Board of Managers on August 22, 1985 in reference to Vie above permit. This letter is your permit from the MCWD. Permit approval is based upon the following exhibits: 1. Permit Application 85-127. 2. Two site location maps unsigned, undated. 3. Results of a probe investigation showing depth to silt bottom ind hard bottom. 4. dross sections at the probe stations dated August 5, 1985 signed by C. Reep. 5. Typical detail showing the steel sheet pile seawall and rip rap cross section in the channel area. 6. Typical cross section for the rip rap propo5F in the lagoon area. 7. Site mr-p of the project location tied to prc rty lines dated August 5, 1985 prepared by Cliff Reep. 8. Letter from District dated August 27, 1985, requesting additional in"ormation. 9. ! ter from Joan Anthony dated November 5, 1985 received December 19, 1985. 10. Copy of DNR Permit 86-6647 dated November 18. 1985. This permit is valid for one (1) year. if construction is not complete withir .e (1) year, a, extension is required. Please contact the Oi,trict at 47'422.4 when this project is about to commence so an inspector may view the work ' rogress. EUGENE A. HICKOK AND ASSOCIATES Engine r� fo the 9)stri,lJ cc: Board G. Macomber J. Boudreau, DNR Michael A. Pa zer, P.E� City of Orono C. Reep 1.,2 - � B. Niccum Date of issue t !I 1 � •� .1 ! ti y�f. LIt•Y.w'..L tty Mv+er �rIC, llltwils bf,t �• % 1 / i Amp t � 'tt to �.( f+r.r~.R.,. ram,+., , j F•� A Ci .� R.N Ror! R a1Ifltle, . • s - t i�crrsp, rl '-�-- }____•-__`____iL- :}3 ._..u_ +ss---`v-'--•�=-=+r __�'�� ---—j _,w Si' 14 WI) Ir 4 } tAv . s.r, f . f" . 20' To Orono Council Members 1 r, From: Michael P. Gaffron, Assistant Zoning Administratok ! Date: January 6, 1986 Subject: #996 James McNaughton, 1800 Shadywood Road - Variance Zoning District - LR-lC, 1/2 Acre Application - Hardcover variance to pave driveway and backup apron, List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Sketch of Request by Owner Exhibit E - Sketch to Scale by Staff (On Surv(_y) Exhibit F - Hardcover Calculations Exhibit G - Staff Lettef to Builder 9/27/85 Exhibi'.. H - Resolution #1718-A Exhibit I - Duane Barth's Letter of. November 1984 Exhibit J - Planning Commission Minutes, 12/16/85 You will recall that the vacant lot at 1800 Shadywood Road was allowed to be built upon per Variance Resolution #1718-A approximately one year ago. The new home is substantially completed now. However, the new owner, Mr. McNaughton, is requesting a valiance to allow 36.4% hardcover in the 75-250' setback zone (rather than the 25% allowed) in order to construct a paved driveway rather than the "grass paver" or "strip" driveway, which was originally proposed in order to meet the hardcover requirements. Remember that developer, Duane Barth, in the original lc _. area and width variance application, stated that he could meet the hardcover requirements by using an alternative type driveway. Mr. McNaughton now claims the "grass pavers" will not be suitable under a full -year usage situation and in this climate, which may in fact be true. Staff knows of no location in the area that has installed "grass pavers", hence we have little to go on as far as their suitability for driveway purp^ses. At this point, the driveway is graveled approximately in the con- figuration Mr. McNaughton would like to pave. The gravel was placed with- out staff review and the applicant was notified after its placement that it exceeded the hardcover requirements. The applicant was given the option to remove the gravel and adhere to the 25% limit or to leave it in place temporarily (thru the winter) pending the result. of his variance appli- cation. Given the fact that a lot area and lot width varia;, F was granted less than a year ago, and that the original applicant was very aware of the City's hardcover concerns and requirements, is there a hardship shown now that would justify a variance? (NOTE: in Resolution #1718-A note that hardcover is limited to 2280 s.f. or ?58. The surveyor's subsequent. calculation showed that the lot is sl ight.ly larger than original I calculated by staff and 15% is 2444 s.f. ) Zoning File #k996 January 6, 1986 Page 2 of 2 Planning Commission, at their December meeting, recommended 5-1 to approve a variance to allow 35% hardcover in the 75-250' setback zone, in order for the applicant to hav( u minimual driveway and turnaround pad for safety purposes. The minority opinion was that variances were granted to lot area and width only a year E•go and further variances are not justified. The Planning Commission was uni:nimous in the opinion that future applica- tions involving unusual or untried technology in order to meet City re- quirements should be scrutinized thoroughly before approval. A resolution reflecting th..! Planning Commission recommendation is attached for your review. Coun-7il may wish to explore the alternative of a "strip" driveway, which was oric.inally proposed by the developer. CITY OF 0.111NO - VARIANCE APPLICATION r' Initial A�... iation Fe $150.00 $50.00 per each additional project) After-the-i ,r Fees (Double application fee) -------- ---------------------------------------------------------------- PROPERTY 4,1CATION Site Address ,'('l> d / ,�•� /�l',q-� ' 0' -W�; Property Identification Number (P.I.D.) J& Please check one -- Is the property abs t torrens? Please attach legal description to application if not included on required survey. -------------------------------------------------------------------------- APPLICANT Name J�9/r1,C,5 IV Phone Mailing Address /Ap<i a.yd -------------------- �5..�1/_-------------------------- OWNER Name Mailing Address .'C}0 Date Property Acquired S (month/year) I (do)do no also own the adjacent parcels of land. --------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District L If- c . Present Use of Property liesidentia Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $_; 3.,0T7,e3n Describe request in detail: VARIANCES REQUIRED Lot Area Lot width 1,/ Hardcover Setback Variances ( Front. Side Rear) Other --------------------------------------------------------------------------- (OVUR) HARDSHIP Describe undue hardship or practicajdi,fficy lty resultin from strict e,nf//orc/�ment of zoning regulations:, Hl /-c✓ lC�> .��//r'/A'C � �/�i if/f'/-, rif :Y � f/�/.•;, .':� � ". 9 ��/ i' y /�' �xlJ/ .. %i Z,� .'�ti�... t�ell,'lC'—�%%/%//���f' C/lf c %�l/%fIc_✓,f'icj.i'�i�%!r'• DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS /` } Describe unusual, pert y con iitions preventing compliance wi, h Zon i ng Code - Requirements: , S w, Cc - / /� t✓ /� c' c'',,yWle- --------------------------------------------------------------------------- R-E--QUUIRED SUBMITTALS i`1.,.,.,Completed Application Form. Rv.� 2. Certified Property Owners Lis of owners within 150' (you can obtain this list from Hennepin County Departmei .oi Finance A-603 Government Center 348-3271) 21 Stamped, legal sized envelope: (N10) pre -addressed to each of the names on the above list with no return ad ress. 4. Certificate of survey includ ng hardcover calculations as required. & 5. Plat Map. ------------------------------------------------------------------------- The Applicant and Property Owner m t sign this application. Please remember that your variance application is r, complete if the above information has not been included. ---------------------------------- --------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to prow: le all information required or requested by the Zoning Administrator, agrees to I. iy 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 o his/her knowl dge. Applicant's signature �.�-- '� Date S SIGNATURE ✓ 61 The owner hereby acknowledges 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 investigation and verification of -this re uest. � ';f Owner's signature - / �.' /r/,- �'�' _ Date --------------- �.fw..--'V..... /r ..-.--� --y-.. ..- ,..rr►�---.,-'r.. -- - •�- --►-- 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. rL ; 4 - - MAPLEGAT10 I N L 4� 6 i 9.9. 12 s C - tit C1% , 14� 30 ° r - '� p 1�1000,) 1 �'_ �,_ ,• '���._moo _ 15 •°. (1) O� CL O (7-5\) 20 1 ►i! 17 Gc--raL-1 6' loirull is kp `�hr-61 V-c` 1Z6 . l shad Vwond ?Icl I Ali llyziu �� aI� a y ��, &)OLv ar(c !'f 1790 u�ooc� !� I/l)a y �a�a , ✓i� � �I�gp sr�a wow w P6 Ica, LIDL �� t I 38 Rig IJ 66• 1ct atia = 15474 sf it +� 1'r_ 'f 4♦ L...yPR �:.. 'r _ r,s�I�. -•,� l�l$0± ...r S _ .'' . „� p►'".y�r�f.� Z .i 4'i.•dr.i�''� `.r.� _ ra. , `-.r.v(.:�•1 - t}a�� -� " CuKtc+.r:`t POC,rn: i. Ur, vtW►y 07. q8- -. 31. 43' _ - 19. Y S' - - .54 8.? 24S.8o• 75' to ?_W prm = 977A ;f LAKESHORE REGULATIONS AND HARDCOVER SEC. 10.22. REGULATIONS FOR "L12-1A", "I.R-lA-101 "LR-lC" AND "LR-1C-l" ON1; FAMILY I.AKESHORE RY.SIDI NTIAL DISTRICT. Within any "LR-IA", "I,R-lA-1", "LR-lB", "LR-lC", or "LR-1C-1" One Family Lakeshore Residential. District the following regulations shall apply: Subd. 1. Lakeshcre Set Back Regulations. The set back from the --horPline for lakeshore lots shall be at least 75 feet and no building may be located :loser to the shoreline than the average distance from the shoreline of existing residence buildings on adjacent and nearby lots. Subd. 2. Lakeshore Hard Cover Regulations. Within 75 feet of shoreline there shall be no excavating, filling, hard cover, temporary or permanent structures. Within 75 to 250 feet of the shoreline there sha 1 be no greater than 25% hard cover. Within 250 to 500 feet of the shoreline there shall be no greater than 30% hard cover. Wit;iin 500 to 1,000 feet of the shoreline there shall be no greater than 35% hard cover. Subd. 3. Tree :(er oval Regulations. No trees within 75 feet of the shoreline wit)+ the diameter of six (5) inches or more shall be removed without first obtaining a Kermit from the Council. HARDCOVER LIMITATIONS 0-75' Zone - 0% Hardcover allowed 75-250' Zone - 253 Hardcover allowed 250-500' Zone - 30% Hardcover allowed 5G -1000' Zone - 35% Hardcover allowed Percentage of hardcover for each zone is calculated as follows: Are,of Hardcover in zone (su. ft.) Percentage of X 100 = Area of l,)t hardcover in zone in zone (sq. ft.) NOTE: Measure setback distances perpendicular to the shoreline, not along the lot line. ORONO HARDCOVER CALCULATION WORKSHEET LAKESHORE A. Existing B. Existing C. Existing D. Proposed E. Proposed F. Ai ;:,red SETBACK lot area hardcover hardcover percentage hardcover hardcover percentage hardcover ZONE in zone in zone [ (B!--one x 1001 in one I (D.A) x 1001 percen. F 0-, ;5-2 sn l' �o0' Dire s. Sf - s f 41 11751, _ _sf /o fir' Sf sf 3ssLl S �t'R.oPo:tO, sf sf J /4 S E U) S E G t3 Y 5 -ri F P7 a` "/ 0 0 35 ng Lot Area in Zone - includes the total square footage of dry buildable land the specified zone. b. zxisting Hardcover in Zone - includes the square footage of existing roofs, decks, sidewalks, driveways (gravel or paved) and other rain -impervious surfaces within the sp• `ied zone. C. Existing Hardcover Percentage - divide the number in B by the number in A �7 ip11 by D. Proposed Hardcover in Zone - includes the existing hardcover plus all prolpo_ :itionai hardcover. E. Proposed Hardcover Percentages - divide the number in D by the number in A and multiply by 1_). F. Allowed Hardcover Percentages - if the percentages in column E for any setback zone exceed the allowed percentages in column F, you should contact the Zoning Department at 473-7357 to discuss the possibilities of obtaining a variance. Generally, if a concurrent removal of exist nq hardcover matches the additional hardcover proposed, resulting in no net inc use c` h-rdcover in a specified zone, a variance may not be necessary. StA�" %f J�r�CLADc:. K c�Eertj3T�l3y r�trr ,rne,)p � fors Ivor /t.ociame, t,/ CITY of ORONO Nntit Offire Box 660('rv%Lal flay. Minns -sow !)53239Mu wipal Offices On the North Shore of Lake Minnetonka September 27, 1985 Duane Barth Excelsicr C gn 2385 Shadywood Road Box 15 Navarre, MN 55392 Re: Items to be resolved prior to issuance of Certificate of Occupancy 1800 Shadywood Road Dear Mr. Barth, A reveiw of the file on 1800 Shadywoo3 Road indicates a number of items that muc� b, resolved before the City can - ssue a Certificate of Occupanc, : 1. Resolution 1718-A of the City Council approved 1800 as a building site subject to strict compliance with the hardcover ordinance. You represented that the driveway would be constructed of porous "grass pavers" in order to meet the 25% hardcover limit. My inspection on 9/25/85 revealed that a gravel driveway and backup apron has been installed, which in itself constitutes 1800 s.f. of hardcover. Added to the house, front stoop, and deck, thy. total hardcover on the property now is approximately 3700 or 38%, in direct violation of the hardcover ordinance. At this point, you would appear to have two options: A) Remove tLe gr..vel. and replace with a porous type non -hardcover pavement; or B) Immediately make application to amend the previous variance approval. There is no guarantee that an additional variance will be approved, Lut you have the right to apply. 2. Your fireplace contractor must obtain a permit for the third fireplace. 3. You must submit evidence tha a utility easement for the sewer manhole serving the two properties has been filed in the chain of title of the property on which the manhole is located. Rt`ltF)IN(; & JONING 471-7157 q ADMINISTRA LION A FINA-MI - 473.7358 • h Rl t( WORKS 473-7359 ASSESSING Duane Barth September 27, 1.985 Page 2 4. The 3 original copies of the Resolution for this property (#1718-A) have never been signed by the owner. We only have Mrs. Johnstone's signature osi one xerox copy of the resolution for 1810 Shadywood Road. As of /25/85, the Hennepin County Tax Records indicate the property owner as K.P. Properties Inc./Donald Peterson, hence Mr. Pc erson or an authorized agent of K.P. Properties must sign t'e resolutions. A Certificate of Occ•-,panr resolved. Please contac cc:Donald Peterson K.P. Properties, Inc. 32 Interlachen Court Tonka Bay, MN 55331 not be issued until these matters are f you have questions. Sincerely Michael P. Garton Assistant Zo ing Administrator Lyle Oman, Field Inspector Tom Jacobs, Building Inspe for Jeanne A. Mabusth, Buildiri & Zoning Administrator 1800 Shadywood Roa' file #874 Zoning file City Of ORONO RESOLUTION OF THE CITY COUNCIL NO. I -118-„ GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (II) FILE i874 WHEREAS, Mrs. Donald Johnstone and Duane Barth (hereafter "the applicants") have an interest in the property located at 1800 Shadywood Road within the City of Orono (hereafter "City") and legally described as follows: Lot 21, Shadywood (hereafter "property"), and WHEREAS, the applic--ts have applied to the City for a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to allow the construction of a residence on a lot with 15,100 square feet in area or 69% of t)a required 21,780 square feet, and approve a lot width of 60 feet or 60% of the required 100 foot lot width. NOW THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed .:s part of zoning file no. 874. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District. 3. The proposal can meet all hardcover requirements of the LR-1C zoning district. 4. The proposed house and improvements can be constructed without the need for additional variances. 5. Property tax records indicate the lot has been valued and assessed as a separate lot. 6. The applicant acquired the property prior to the effective date of the current zoning standards, and has continuously held it as a separate lot. 7. No other land is availahlo - lots are developed on both sides of the property. 111 :(. I •,f s City of. ®,ONO RESOLUTION OF THE CITY COUNCIL 8. The property has been assessed for City sewer. 9. The property has been assessed for City water and was assessed a separate water unit. 10. The lot area of 15,100 square feet is consistent with many other properties in the neighborhood and is equivalent to or larger than 11 of 25 existing building sites in the neighborhood. 11. The lot width of 60 feet is equivalent to or larger than 10 of 25 existing lots in the neighborhood. 12. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the aplicant and the effect of the proposed variance on the health, safety and welfare of the community. 13. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other properly in t,,is 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 I'ased upon the above findings, the Orono City Council hereby grants a variance to Municipal Code Section 10.25, Subdivision 6 (I3) to permit the construction of a residence on a property with 15,100 square feet in area instead of the required 21,780 square feet, and approve a lot width of 60 feet instead of the required 100 foot lot width, subject to the following conditions: 1. Maximum hardcover of Lot 21 is to be 2,280 square feet including roofs, decks, driveways, sidt,wa 1 ks, ratios, terraces, and the like. pace 2 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1718--.. _>plicants shall bear the expense of bringing sewer and water stubs to the property if no stubs exist. 3. Applicants shall pay a park fee for this new lot in the amount of $430.00. 4. The $225.00 sewer plant charge is to be paid with other standard charges when a ;wilding permit is issued. 5. Applicants are hereby advised that in approving the development of this substandard property that all future improvements must meet the current standards of the code and that a future Council may not approve any improvement to the property that requires a variance. 6. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (January 14, 1986). 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. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council on this 14tt day of January, 1985. ATTEST: Dorothy M. }iall in, City Clerk Mary C. Butler, Mayur TIC 1 ovi.I ty Owner pale j ,_,f i ..... ` . . 1385 Shadywood !toad .,.....,y ..._ . Navarre, MN. Gy! '/ , 1�' / /� r'NG 1 �' � r b Orono Planning Commission Orono City Hall 1335 So. Brown Road Orono, MN. Planning Commission Members: I have applied for a building permit for construction of a new home on Lot 21 Shadywood Addition which is lo- cated adjacent to 1810 Shadywood Road. This building permit application has been ref,�rred to the Planning Commission for recommendation because the lot which was platted in 1928 no longer meets the minimum lot size requirement of the new subdivision ordinance which was eubsequently passed by the Orono City Council. 'There are seven 60 foot lots in a row in this area which are all belOW the size required by the new subdiviaion or- dinance and have homes constructed on them. Some of these homes were constructed or remodeled after the adoption of the new ordinance but permits were ,ranted because the lots were existing before the new ordinance was adopted. Most of these existing homes located north of the prop- erty in question cannot meet the minimum ground cover re- quirement of the new ordinance. The construction on the lot lying immediately adjacent to this site greatly ex- ceeds the ground coverage requirement of the subdivision ordinance being almost double the coverage proposed on our lots. I have purchased Mr. and Mrs. Donald Johnstone's home on lot 22 and the adjacent lot 21. This purchase is contingent upon my receiving a building permit for construction of a new home on lot 21. If this permit is not granted it will be economically unfeasable for me to m_•:L the Johnstone's asking price for the two lots. It is my intent, if the sale is closed, to build a new, quality home on lot 21 and to re- model the existing home on lot 22. Both of these homes will feature quality construction and will be designed with ex- eriors which will be a credit to the neighborhood. I have remodeled and constructed many homes in the Lake Minnetonka area which have been attractive improvements to the neighbor- hoods. This can be attested to by many of my pr.eviotz_s customers and neighbors of these home owners. This project will also be an attractive addition to the neighborhood. The construction which we propose will meet all of the set- back requirements of your new ordinance and will also meet the ground cover requirement in the 75 to 250 foot zone which was previously questioned at your last meeting. These two lots are the largest of the seven 60 foot lots in the immed- iate area. A summary of our building proposal follows: Lot 21 Lot size 15,000 sf Lot size 75' to 250' zone 9,120 sf Proposed building size 1,839 sf Proposed decorative porous 235.4 sf paving block driveway 428 sf X 55% Total ground coverage 2,074 sf = 22.7'/ 25% maximum allowed in ordinance , 2280 sf T n t- 7') Lot size 17,000 sf Lot size 75' to 250' zone 11.,100 sf House addition 940 sf Existing house in 75' to 250' zone 534 sf Proposed decorative porous 349 sf paving block driveway 635 sf X 55% Total ground coverage to 250' zone 1,825 sf a 1.6.4% 25% maximum allowed in ordinance = 2775 sf 2.,775 sf As can be seen from the site plan submitted with this letter we can meet all setback requirements for any pr.opesed con- structiou as well as maximum allowed ground coverage as re- quired in your new subdivision ordinance. The only item in question is allowing the building to proceed on lots which are below the size required for new subdivisions. Since these lots are larger than any of the 50 foot iots north of them on which homes were built or r;,modeled and since the lots have been platted prior to the adoption of your newest zoning and subdivision ordinance we feel that it would be a definite, discriminatory hardship on the Johnstone's to deny the building permits on either lot:. The Johnstone's purchased these two separate building lots at different times and have purposely maintained the separation of properties from a tax standpoint as well as assessments. They have paid non homestead real estate taxes for the past 40 years on lot 21 and have paid a full a�,essment for sewer and water mains on both lots. The plant service charge for lot 21 will be paid at the time of issuance of the building permit which is normal proceedure. Based on the previously stated facts we respectfully requeG' your approval of this application for building permit on lot 21 and the subsequent permit for remodeling of lot 22. Thatzk you for your considerat n. Duane Barth, �Xcelsior Design and Developement Inc. ' ,�►ti r.r*. 1.''icate ^'' Svrvr+v • Z Q L.st..� 4..�s. _ ��- ?fad! -%. A . ltoyt . - Y � �;- '-ot:: 11 sr.,! 22. Sha^yvoo,' • `1 " ';rinepin i,3unty, 711nne3ot3 - . aoo • n) S3 S LSA 1 , � 21 0 S i N 72 ,. • •C � I � y � x v; 215 a i herety certify tr.at this iF a t: ue arrs c�-rrtc ;. represea";dl :. :) a sun ey of tat bourxiarisa of Lots ')1 i.nd " ), Saadyscod, and We 1aoattar. j4 ell rr.; st-ing p-Ailaisgs theivon. :t does not purport to soar atrer lr.rr�veaeats ar eoetta:raae-ta. Scala r 1 1.0ch - LO feet Date : June 12 198U. AD'• ••:•� z^ ••••. • :�-v• C : iron sar►er ww; i -,Pd &L 10, Ma I a �0 Matt S. Grouber= irg. no. 1714c anginsa rs and Land Spa "Ywf Long Lake, Kinnesots MINUTES OF THE PLANNING COMMISSION MEETING 11ELD DECEMI3P.R 16, 1985. PAGE 10 iZSHADYWOOD MES MCNAUGHTON ROAD VARIANCE PUBLIC HEARING 9:42-10:03 PM Assistant 'Zoning publication and Administrator. Gaffron noted the affidavit of certificate of mailing. James and Carmen McNaughton were present for the application. There were no other members from the public present the heariny. Chairman Callahan clarified that this is the property that was recently divided by Johnstone/Barth. Goetten noted that this is the reason why she was opposed to the subdivision in the first. place. Now the property needs a hardcover variance for the driveway. Sime noted that approval of the subdivision was based upon the condition that the developer install the driveway as proposed to the Planning Commission. Mr. McNaughton cited that the originally approved driveway was a "mono slab", which has been proven not suited for this climate. The alternative is nothing which could erode very fast because of the terrain of the lot. Also, there should be some sort of turnaround provided so one does not have to back out onto County Road 19. It was explained by Assistant Zoning Administrator Gaffron that the builder had installed a gravel drive. when staff found this out, the builder was notified that this was not approved and would have to be removed or would require a variance. To date a Certificate of Occupancy has not been issued but since the McNaughtons are the current owners they would be the ones this would affect. McDonald noted that new owners should not be penalized because of mistakes made by previous owners and this should be addressed at a joint Planning Commission and Council meeting. It was moved by Kelley, seconded by McDonald, to recommend approval a hardcover variance for James McNaughton to pave driveway and backup apron subject to reducing the hardcover to 35% within the 75-250' zone. Motion, Ayes 5, Nays 1. Goetten opposed the motion based on her opposition to the original legal sub,livision of the property. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE #996 WHEREAS, James McNaughtrn (hereinafter "the applicant") is the owner of the property located at 1800 Shadywood Road within thn City of Orono (hereinafter "City") and legally described as follows: Lot 21., Shadywood (hereinafter "property"); and WHEREAS, the appl-icant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the paving of a driveway and backup pad which will increase the 75-250' lakeshor.e hardcover to 36.4%, exceeding the 25% 75-250' hard- cover normally allowed. Minnesota: NOW, THERFFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This upplicatiun was reviewed as Zoning File #996. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on December 16, 1985, and recommended afpr-va 1 of the proposed variance rased upon the following findin(r-- A) This property was granted lot area and lot width variances per Resolution 01718-A on January 1.4, 1985. No other variances were granted at that time, and the condi- tions of Resolutson #1718-A specifically noted that all improvements must meet City requirements, and that the hard- cover must not exceed 2,280 square feet (25%) in the 75-250' setback zone. B) Upon approval of the building permit for construt-tion of a residence on the property, staff noted the recalculation cf lot z.rea by the surve-or which would allow 2,444 square feet. of hardcover in the 75-250' setback zone. C) The house was constructed, and gr.Ivel driveway Was instal led in excess of the hardcover 1.imits by the builder, Fxcelsior Desicin, prior to ar.plicant's purchase of the property. Page 1 of 4 (�itVT of ORONO RESOLUTION OF THE CITY COUNCIL NO. D) The applicant's claim that. the "grass paver" mono -slabs prolosed by the builder are not suitable for Minnesota's severe climatic extremes, and will suffer frost heave and plow disturbance, is a valid claim to th,2 _xtent 'Chat failure of such a system would potentially cause dam. to applicant's veh.cles. In addition, Lhe permeability _he "grass pavers" has not been demonstrated under continuous usage conditions. E) Applicant has a valid hardship from a safety standpoint in requesting tie be allowed to have a backup pad so he does not have to back out r-!to County Road 19. F) The requested 75-250' hardcover of 36.4% is not exceptional but is similar to many other properties along Shadywood Road. 4. The City CrI it has considered this application including the findings ... recommendations of the Planning Commission, ref-rts by City staff, comments by the applicant and the effect I,f e proposed variance on the health, safety and welfare of the c,Immun i ty . 5. The City Council finds that the conditions existing on this props,ty are peculiar to it and do not apply generally to other ,rope ty in this zoning district; tY.at granting the variance w.J•ild not adversely affect traffic conditions, light, air nor 1�uc.e 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 appli- cant; and would be in keeni.rg with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above finding he Orono City Council hereby grants a variance to the Municip, toning Code Section ? 0.22, Subdivision 2 to permit the paving of a driveway and backup pad 'rhich will increase the hardcover in the 75-'50' setback zone to not more than 35%, where only 25% hardcover is normal)-, allowed, subject to the following conditions: 1. The driveway, backup p.-d, house, anti other hardcover in the 75-250' setback zone shall n exceed 3,421 9.f. or 35t. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2. Au'_horities 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 r—mit within one year of the date of Council approval, or this i ance will expire on that date (January 13, 1987). 3. t'= lation of or non-,—mpliance with any of the terms and cond is of this variance shall constitute a violation of the zoni..,, .ode, 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 a2signs, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council c- this 13th day of January, 1986. ATTEST: Dorothy M. Hall-n, City Clerk Mary C Butler, Mayor (1) Pror)erty Owner Pace 3 of 4 City of ORONO c- - ION 0!- THE CITY COUNCIL NO. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) 0n this _ day of before me a Notary Public within and for said county, appeared known the person(s) described in and who executed the instrument, and acknowledged that he (they) executed his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) _-f 1986 . personal ly to me to be foregoing the same as On this day of , 19 3, before me a Notary Public within and for said County, personally appeared _ __ _ known to me to be the person(s)—descriS in ynd who execut-ed the foregoing i nstrument, end acknowledged that he (they) executed the same as his (:heir_) free act and de-e6. NOTAFY PUBLIC MY COF ' "SION FXPIRE;S Page 4 of To: From: Date: Subject: Mayor Butler Mark Bernhardson, City Administrator Orono Council Members Jeanne A. Mabusth, Zoning Administrator January 2, 1986 #997 Eugene G. Rosenthal, 640 Tonkawa Road - Preliminary Subdivision Zoning District - LR-lB Area - 4.37 Dry 1.02 Wet 5.39 Total Acreage Application - Subdivision - Plat - 2 Lots - Renewal original subdivision application received preliminary approval from Council on 5/14/84 (see Exhibit E) List of Exhibits Exhibit A - Application Exhibit B - Addendum Exhibit C - Plat Map Exhibit D - Property Owners List Exhibit E - Council Minutes of 5/14/84 Exhibit F - Rosenthal Letter of 5/7/84 Exhibit G - Hennepin County Highway 4/24/84 Exhibit H - Plat Departm,-: L's Letter of The applicant proposes a division of his homestead lot totaling 5.39 acres. Both lots as proposed satisfy the standards of the T--lB Zoning District. There is adequate sewer capacity to serve the new residential unit. Applicant has advi3ed that new lot wi . be served by manhole (MH 15-11) along the north lct line of riparian lot. Applicant will provide the necessary easement in favor of new owner. The property has already been assessod 2 sewer units. The staff has recommended approval of the County's request for an additional. 7 feet of right-of-way to cover any future inprove;aent of the road along this severly curved section. Access to the new lot line must be located between 75 feet and 90 feet west of the shared lot line. An access permit is required by the County prior to construction. A park fee of $200 is requested for creation of 2+ acre lot. Staff Recommendation To approve the 2 lot plat of Eugene Rosenthal based on the following findings: Zoning File #997 January 2, 1986 Page 2 of 2 1. All Standards of LR-lB 'boning District have been satisfied. 2. Property has been assessed 2 sewer units. 3. Adequate sewer capacity to serve an additional dwelling unit. Approval is based on the following conditions: 1. Dedication of additional 7 feet of right-of-way for County Road 135 - approving a total right-of-way of 80 feet along curved section of roadway. 2. Access to new lot must follow guidelines of Hennepin County Highway Department - 75 feet to 90 feet west of shared lot line. 3. Access permit must be obtained from Hennepin County Highway Department prior to application for building permit. 4. Newly created lot is non riparian to Lake Minnetonka and has no riparian rights. >n #9 Date Rec'd By �T� b Fee Rec' d p,Od CITY OF ORONO 97 It d� SUBDIVISION APPLICATION FORM ------------------------------- APPLICANT Name Eaaene CG. Roy Mailing Address f�1 )Ik'I ';a K PPR BRTY Name E(,ie11Z &. (\OSenhof J Mailing Address (vyo To�Ak-';Wa PC( �l (Attach list if more than one) ------------------------- Telephone y 71 - 908'1 d . Llm Q I.3ke ,IG, .5-s 3s 6 Telephone --------------------------------------------------------------------------- PROPERTY LOCATION Street Address CYU R(- Property Identification No. (P.I.D. ) 05 - i (7 - -2 3 33 Ooipq 61Co N o Complete Legal Description to be attached to application -----------------------------------------------------------------•------- .rXISTING LAND USE Number of Tax Parcels Development Size Acres Dry Land "01 Acres Wet Land y,37 Acres Total, all parcels Present Use (check) Residential; no. of units Other (specify) Present Zoning District -------------------------------------------------------------------------- PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) r_ Subdivision for New Building Sites Number of Building Sites: l Existing Units New Units Total Units Proposed Gross Density Units per .L Acres Minimum I.ot Size: 0 Square Feet Dry Buildable Land c - P w I vf- Proposed Use: (che,-.k) ,,- Residential Other (specify) _-------------------------------------------------------------------------- (OVER) MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY AP CA N 1. Application Completed 9. 2. Preliminary Plat information on Certificate of Survey. 7 3. Certified Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature Date -------------------------------------------------------------------------- MINIMQM MATERIAL NECESSARY FOR COMPLETE FINAL PLAT APPLICATION 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 acceptable form of security. Certification by Zoning Department that Final Plat Application is complete. Zoning Officials Signature Date Sketch Plan Review (Class I, II & III) $150.00 Preliminary Review (Class I & II Subdivisions) $250.00 Preliminary Review $300.00 plus (Class III and all non-residential) 20.00/lot Final Plat Review (Class III) $150.00* *(Plus any --------------------------------------------------------- legal or engineering charges) ----------------- Applicant has read the above and 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 Owner's Slynatur(3 Date Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are usually held on the third Monday of each month. 05-111 (0?) 1 4 3.-- 11, W997 so 1 (j�tiy. ti ' FLU �O 00 ,,• is � 1r •., ►..,^ ;` 1`r' 7 Y*:l •Sri � ��: ` low - tv '4 ! • 7 r � , + i a� or— ' ► ., NORTH iRM ,eA RUN DATE 11/07/85 r BATCH 001 38 05-117-23 32 0003 PROP ADDR 00500 TONKAWA RD OWNER NAME GLEN D NELSON ETAL TAXPAYER CR GLEN D NELSON N_*HE1ADDR 500 TONKAWA RD LONG LAKE MN 55356 HENNEPIN COUNTY PROPERTY INFCI -TON SYSTEM PR0--RTY OWNERS LIS, 38 05-117-23 32 0004 00550 TONKAWA RD CURTIS L CARLSON CURTIS L CARLSON 550 TONKAWA RD LONG LAKE MN 55356 REPOPT NO. PI4354-03 PAGE 1 38 05-117-23 32 0005 00520 TONKAWA RD PREMIUM SERVICE CORP CARLSON CCMPANIES INC 12755 HWf 55 % TAX. DEPT MPLS MN 55,441 33 05-117-23 32 0006 38 05-117-23 33 0001 38 05-117-23 33 0002 PROP ADDR 00645 TONKAWA RD OWNER NAME CURTIS L CARLSON TLMPLE ISRAEL OF MINNEAPOLIS TEMPLE ISRAEL OF MINNEAPOLIS TAXPAYER C1,9TIS L CARLSCN TEMPLE ISRAEL OF MIWNEAPOLIS TEMPLE ISRAEL OF MINNEAPOLIS NAME/ADDR 550 TOtK AWA RD 2324 EMERSON AVE SO 2324 EMEP.SON AVE SO LONG LAKE MN 55356 MPLS MH 55405 MPLS MN 55405 r 38 05-117-23 33 0004 38 05-117-23 33 0005 38 05-117-23 33 0008 PROP ADDR 00640 TONKAWA RD 00650 TONKAWA RD 00678 TOth'AWA RD OWNER NAME E G ROSENTHAL/N L ROSENTHAL FRRMER W ADAIR ETAL OAPEL J LEIPOLD TAXPAYER EUGENE G R NANCY L ROSENTHAL FREMER ADAIR DAREL J LEIPOLD NAME/ADDR 640 TONKA14A ROAD 650 TU:"(AWA ROAD 678 TONKAWA RD LONG LAKE tR! 55356 LONG LAKE MN 356 LONG LAKE M: 55356 38 05-117-23 33 0009 38 CS-117-23 33 0010 38 05-117-23 33 0016 PPOP ADDR 00670 TONKAWA RD 00% TONKAWA F0 00666 TCNKAWA RD r OWNER NAME GEORGE L TORKELSON ETAL MEN A LEE DO!:ALO W LINDALL TAXPAYER GEORGE L TORKELSON MELirtDA LEE DONALD IINDALL NAME/ACDR 670 TONX AWA RD 680 TOth'AWA RD 666 TONKAWA LONG LAKE MN 55356 LONG LAKE MN 5r,356 LONG LAVE MN 55356 #99 7 38 06-117-23 41 0072 38 06-117-23 41 0080 38 06-117-23 41 0031 PRCP ADOP. 04030 ELM ST 00615 MINNETOtsU HGLD LA OW`:-cR NAME ADM VETERANS AFFAIRS RICHARD WRIGHT KAREN FULLER TAXPAYER M 5795 RICHAPO WRIGHT KAREN FULLER NAME/ADDR CRAIG D HOLM 615 MTKA HIGHLAND LANE 4749 WELCOME AVE H 4033 ELM ST LONG LAKE M1 55356 CRYSTAL MN 55429 LONG LAKE M! 55356 38 06-117-23 41 0091 38 06-117-23 44 0003 38 06-117-23 44 0004 PROP ADDR 00601 MINNETONKA HGLD LA 00650 MINNETONKA HGLD LA 00680 MINNETONKA HGLD LA OWNER NAME C CURTIS LEE i WIFE D W JANES 3 G A JANES i BRADLEY HAYS/PATRICIA HAYS TAXPAYER C CURTIS LEE DENNIS W JANES T BRADLEY 3 PATRICIA HAYS NAME/ADDR 601 MIN!dETOtKA HIGHLAND LANE 650 MINNETMKA HIGHLAND LN 680 MINNETM,A HIGHLAND LA LONG LAKE MN 55356 ORONO MN 55356 LOt4G LAKE M! 55356 RUN DATE 11/07/85 BATCH 001 36 06-117-23 44 0005 PROP .ADDR 00649 MIHNETOWA HGLD LA CL^:ER NAME JAMES P HENNINGFR ETAL TA\PAYER JAMES P HENNINGFR NAME/ADDR 649 MINNETOt1KA HGLNOS LONG LAKE MN 55356 r 38 06-117-23 41 0098 PROP ADDR OWNER NAME ROGER A KOEHNEN TAXPAYER ROGER A KOEHNEN NAME;ADDR C/O ST BK OF LONG LAKE 1964 W WAYZATA BLVD LONG LAKE MN 55356 A 01 HENNEPIN-OV?NTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST TOTAL BATCH 001 00019 REPORT NC. PIti354Ci PA(vF #99'7 I CERTIFY THAT THE FALTo o.VES•ENTED ARE AN ACCURATE AND TRUE PEPPESFNTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECu,JS OF THE HENNEPIN COUNTY DEPARTMENT OF PR FRT' TAXATION. TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE } BY MINUTES OF THE REGULAR COUNCII. MEETING HELD MAY 14, 1984 PAGK 3 re #816 LAKE MINNETONKA HOMES 155 WILLOW DRIVE SOUTH PRELIMINARY SUBDIVISION #823 NORTh SHORE 2IVE MARINA 3222 NORTH SHORE DRIVE REZONING ORD. 1ANCE SETBACK VARIANCE RESOLUTION 82 EUl?AM ROEE,, 640 TONKAWA ROAD PRELIMINARY SUI ' I. 1826 NELLIST/SCHAPRR 3800 WAYZATA BOULEVARD CONDITIONAL USE PERM11 Richard Conry was present. Zoning Administrator Mabusth noted that this proposal meets all the septic and Rf?-lB zoning district standards. Mabusth stated that he thi 2plans that Council received were access conce )t clans showing that these lots could be served by in erior roads. Counc lmember Adams noted that any other roads in this subdi✓ision will be private. Adams stated that the only- road to be public is Countryside Drive. Cr,,, ilniember Adams moved, Councilmember Hammerel seco! iecl, to direct staff to draft a resolution appro •ing phase II of Countryside Manor for action at their 4ay 30, 1984, mr,eting. Motion, Ayes (5) , Nays (0). Larry E -k was not present. City At • v Malkerson suggest d tabling this until. the appl. or an agent can be resent. Council ember Adams moved, Counci.lmember Hammerel seconde, to table the North Shore Drive Marina varianct Application until the owner/agent can be present. Motion, Ayes (5), Nays (0). I Zoning Administrator Mabusth stated that the applica .ts will not be present and that they want the Council to act on their applicati(.i. Mayor Butler moved, Councilmemi.)er t'_ahm seconded, to approve the preliminary subdivi�'-n and directed staff to draft a resolution. Motion, Ayes (5), Nays (0). G1, 1 Nellist and William S=ha-er were present. Cot ilmember Grabek noted that Mr. Nellist 's wife is his secretary but that he does not feel that he has a conflict of interest. Glenn Nellist asked that the Council approve the elmination of the residential unit becau -�e no one has lived there for years. Nellist stated that it would be almost impossible to find someone who would want to live there. lz�l Le "1171 D WY OF QRO'No- NENNEPiN j U DEPARTMENT OF TRANSPORTATION 320 Washington Av. Sou. h Hawkins, Mir )neso pia 55343 935-3381 TTY 935-6433 Ms. Jeanne Mabusth Z(,- administrator Cit; c;, Orono P. 0. Box 60 Crystal Bay, Finnesota 55323 Dear Ms. Mabusth: April L4 , , 984 RE Proposed Plat - "Eugenr Nancy Rosenthal" CSAH 135 SE of Mi nne tonkz , i J K ands Lane Section 5, Tnwn�nip 117, ii€ -.we 23 Henrepi►; County Plat No. 11,'.2 Review and Recommendat ion^ Minnesota Statutes 503.02 X'1-03, "lats and Surveys, require County review of proposed plats :,.,utting County r ads. We rcviewea the to plat and found it acceptable wicli consideration of these cor itions. or anv future r --ov..Anent v) .1 135 ti ,.e-uelrvc. juld dedicate an dditionel 7 fc right of y along CSAH 135, mat.ng the right of way 40 feet from the center o, CSAH 135. -Although no poir . rropos:e west::, 1� lot meets the sight 'istance requirements fr.. st , 35 rra i speed limit, the safest and best locztion to avoid Uie embankme ;, -_jd ands is between 75 feet and 90 feet west f the easter'tj lc-,, line. -Any :yew acc • to a county r quires an approved Hennepin County entrance permit be° wriist uction. See our Maintenance Divisicn Vor entrance -All p- . i within County right of way requiree an approved utility perms •,ring -construction. ",ils includes ►rut is not limit- '.o, drL.; c v; cii;etruction, trail deg opment, and landscaping. our Maint.:, . i :; or utility per.: form.. -The .;e doper must restore all areas disturbed d,i,ring cons%ruction within County right of way. Flease direct ai,_ response or questions to Les WeiLelt. ._ncerelv .1 a M. Wol ' P. E. Chip!'", Planni:ig and Programming J WAX: pl HI NN"'IN �,OUNTY .?qual -,pporiuruty employer �0- SURVEY F-OR Ej -" AND NANCY ROSENTHAL 'T 1, P4RTFN'S P')INT FIRST DIVISION 9 AW44 iw 4 . . .... .. '4%D • 1q0 ?* %I *# 4 41 • Acee -XI t renre,-ect.i: n ),- thf- I'M-Idu-los of a)� 1, P�,rtenfq Point Firat t1A UJ!"al - 41 "rq1te(An "." .' !�. , 179 "f :"i 10 1-1 .; ?79, '�U?.L) 17--d nm-mnt u' ',!;e Ncrtnuu3t'. corner fp*t Amet mLong- e-Ac line !rur, "Irot r.e1't*onec monlay&.t.t, ti-rorzir,- to ire of tho COLP.ky **order In -.%nd aesid County, end the lo.vtiun of all It does not ivur-jort to show otter 1-inrovementa oe er(,roarhnev :�Oh=: it. COFFIN CO., !%X. 71 e. Mark S. Urnc) rp •12755 1 .1,n,C '',arvcvrnrs and ;'l&nn,,r,. PLAT OF SURVEY FOR EUGENE AND NANCY ROSENTHA OF LOT 1, PARTEN'S POIA;T FIRST DIVISION fym—d.�W-r EJ" 6L Of Me It --We-sf- 51691 17. Af P, F'y ee T.+.[ W off'* 4 T hereby r,3rt:-.� t!j-.t 'him i.; it tr-,ir and rorr:rrt re-)re!,prLAt'-'n t-ourl '(.rt- Jrt -)!' wFLa!rt; Lwtt., P:-iLV% rm'..j b;u, ' a . .. Aciti In the office thA Court,; herordor 3! SA- Hen?leoln r,.-,uy.t) -ind ri,'l 4L., :.: a .'.A;jr!j.k .-11 of said lot and by anotner �udiciijl morumart 10LO.-' foot &trt ailon. e,-ic life* the plAt — reof 'm Me or of record -Ir. the offir' 0 of thn County if cor4der In -.nd for au ea sting LeJLP,21, 3 road, end a driveway thereon. It does not mir-w)rt to 9hou other 3rm 1" : 1 incr 100 !'yet 2-9-84 • + b fill n 1 • Ju-11c1q; 1,,n(-4r#trk 0 Imn inrkar TO: C j Counci 1 =}'Fc1Aa11 not i FROM: Michael P. Gaffron DATE: January 7, 1986 SUBJ: ##998 - Maureen S. Bellows, 265 Brown Road South Preliminary Subdivision Zoning District - RR-lB - 2 Acre Application - 2 Lot Residential Subdivision List of Exhibits: A - Application B - Plat Map C - Property Owners List D - Survey E - Air Photo with Wetlands Designation Total Area = 7.09 ores Contiguous; Dry Buildable = 4.22 acres Proposed Lot "A" = 2.17 acres Proposed Lot "B" = 2.05 acres (with existing house) The applicants are planning to construct their new home on the northerly portion of this property in approximately the location of the existing shed. They plan to retain the house and property on Lot B and rent out that house for a period of years to help finance the new construction, then demolish the old house. Because Orono Code generally does not allow a rental house on the same lot as the principal structure, a subdivision is in order. Applicant notes that she is proposing to use a shared driveway and has discussed with the County the possibility of moving the existing driveway access further north where the grade will be f' .. 'ter for a safer access point. You imay reca 11 that the County . luested an extra 7' of right-of-way be dedicated on the Krogness Plat in 1982, which the Planning Commission at that time denied, noting that Brown Road is classified in the Community Management Plan as a collector street and that the existing 66' width was appropriate. Since the County currently has no plans to expand Brown Road according to Les Weigeit of the Planning Office, a 33' dedication is appropriate. You will note that the proposed division line contains a number of angles in order to ac.comodate the 30' side setback required while maintaining primary and alternate drai.nfield sites for both lots, and keeping 2 acres of contiguous dry buildable l,lnd for each lot. Both lots exceed the 200' required width at the building site and both ots have adequate soils and area for primary and alternate dra,nfield sites. Zoning File #998 January 7, 1986 Page 2 The wetland/buildable land boundary was established by the applicant's soil scientist, Steve Shirmers, based on observed soil types, vegetation, and topography, and verified by staff. Althou,, the airphoto wetland maps indicate a somewhat larger area of Hamel soils, actual borings on the site along with the 2' contour map have verified that the wetland map is incorrect. Also note that Long Lake Creek passes through the property. City Engineer Glenn Cook has reviewed the project and the watershed to determine the extent of flood plain, and recommends the edge of the wetland conservation and flowage easement be established at the 935' contour, which closely coincides with the dry buildable line. Staff has no other concerns relating to the Bellows Plat. Planning- Commission at their December 16th meeting voted 6-0 to adopt the following recommendation: To recommend preliminary plat approval of the two -lot plat of Maureen Bellows finding that the proposed subdivision meets all septic standards set forth in the Orono On -Site Code and meets the standards of the RR-1B zoning district, and that each lot is of a size and configuration that will allow the construction of a single family residence without the need of setback variances, such approval is subject to the following conditions: 1. Dedication of the standard drainage and utility easements along the property lines. 2. Wetlands to be a?scribed on the plat as drainage easements and dedicated to the public - a conservationand flowage easement shall. be required over, under, and across the wetlands. 3. Proposed home and all accessory structures on Lot 1 must meet all. setback standards of the RR-.1B zoning district., 4. Applicant must obtain access permits from Hennepin County prior to relocation the driveway. This is to be a shared driveway, serving both lots. 5. Dedication on the plat of a 33' corridor for sight -of - way for Brown Road. 6. Park Dedication Fee c-f $200 for the 4.98 acre newly created lot. Council is requested to grant preliminary approval per the above recommendation. Date Rec'd By t J ITV 250 ''i Fee Rec'd CITY OF ORONO !� i Fe _ SUBDIVISION APPLICATION FO C'_'�Ji', -----------------------------------C--l-'------------------------ -- ------ APPLICANT Name *F��mgw es�5 Telephone 41*-�% Mai 1 i n q AA�ddd�dree�ss 2&e eKA4j P0. L04co Lml � (Q PROPERTY Name r _ Telephone OWNER Mailing Address (Attach list if more than one) -----------•--------------------------------------------------------------- PROPERTY LOCATION Street Address 9b. Property Identification No. (P.I.D- eb C15 III Z3 4!�COCWOL-A --Complete Legal Description to be attached to application ----------------------���' - ------ ------------------- EXISTING LAND USE Number of Tax Parcels Development Size 4151 Acres Dry Land Acres Wet Land Acres Total, all parcels Present Use (check) �/ _ Residential; no. of units Other (specify) Present Zoning District --------------------------------------------------------------------------- PROPOSAL Division fur Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for 14ew Building Sites Number of Building Sites: Existinq Units -T New Units Total Units '��6 Proposed Cross Density Z Units per 3_1Acres Minimum Lot Size: 8���� Square Feet Dry Buildable t---- Land Proposed Use: (check) Residential other (specify) -------------------------------------------------------------------------- (OVER) MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Application Completed 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. Certification by 'Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature — Date -------------------------------------------------------------------------- MINIMUM MATERIAL NECESSARY FOR COMPLETE FINAL PLAT APPLICATION 1. Payment of fees (park fees, filing fee, sewer and wat ssessments) 2. Signed certificate of survey or myl o A. m t. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and acceptable form of security. Certification by Zoning Department that Final Plat Application is complete. Zoning Officials Signature Date _ -------------------------------------------------------------------------- FEES Sketch Plan Review (Class I, II & I1I) $150.00 ✓ Preliminary Review (Class I & II Subdivisions) $250.00 Preliminary Review $300.00 plus (Class III and all non --residential) 20.00/lot Final Plat Review (Class III) $150.00* *(Plus any -----------------------------------------------------------------------•--- legal or engineering charges) Applicant has read the above and hereby agrees to provide all information required or requested by the Zoning Administrator, Cit*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 V-U " Owner's Signature _.eV1_aAZ_____Date?A. Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are usually held on the third Monday of each month. RUN DATE 07/30/85 BATCH 009 38 03-117-23 12 0002 PROP ADOR OWNER NAME CARGILL MAC MILLAN JR ETAL TAXPAYER LOf.GRIDGE ASSOCIATES NAME/ADDR X D E BILLBE DEPT 28 P 0 BOX 9300 MPLS MN 55440 36 03-117-23 13 0005 PROP ADDR 01995 FOX RIDGE RD MNER NAME R A B HACK TAXPAYER RAYMOND H HACK ,- NAME/AOnR 1995 FOX RIDGE RD LONG LAKE MN 55356 38 03-117.23 21 0022 PROP ADOR 00195 BP%M RD S OWNER NAME L M 3 C S JOHNSON TAXPAYER L M i C 5 JOHNSON NAME/ADDR 195 BROWN RD S LONG LAKE MT1 55356 38 03-117-23 24 0006 PROP ADOR 02150 ABINGOON WAY OWNER NAME D A WALKER A R L WALKER TA,' -.`ER DALE WALKER i REBECCA WALKER NAhI/ADDR 9540 YUKON AVE SO BLOOMINGTON MN 55438 A HENNEPIN COUNTY PROPERTY INFORMATION SrSiEM PROPERTY OWNERS LIST 38 03-117-23 12 0011 00140 BROWN RD S D t L COLEMAN JR DOUGLAS R COLEMAN JR 140 S BROWN RD LONG LAKE MN 55356 38 03-117-23 13 0011 01960 FOX RIDGE RD DALE R LANGFORD i WIFE DALE P LANGFORD 1960 FOX RIDGE RD LONG LAME MN 55356 38 03-117-23 24 0001 00265 BROWN RD S M i C BELLOWS JR CHARLES i MAUREEN BELLOWS JR 265 BROWN RD SO LONG LAKE MN 55356 TOTAL ";TCH 009 00010 REPORT NO. PI435401 PAGE 16 38 03-117-23 13 0002 00300 BROWN RD S JOHN C OOUTHIT ETAL JOHN C DOUTHIT RT I BOX 162 LONG LAKE MN 55356 38 03-117-23 21 0021 00185 BROWN RD S C i J KROGNESS CHARLES & JEAN KROGNESS 185 BROWN RD S LONG LAKE MN 55356 36 03-117-23 24 00L3 OG325 BROWN RD S MICHAEL T GUSTAFSON ET AL CECIL H BELL 325 SOUTH BROWN RD OR0110 MN 55356 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE ANC TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF RTY AXATION. TO THE BEST OF MY KNOWLEDGE AND BELTLf. DATE ��1 1, � 7 BY K, 7 _- MINUTES OF THE PLANNING COMMIS ;!'_)N MEETING HELD DECEMBER 16, 1985. PAGE 2 #997 EUGENE G. ROSENTHAL 640 TONKAWA ROAD PxXL1MINARY SUBDIVISION PUBLIC HEARING 7:45-7:48 PM Zoning Administrator Mabusth nc ad the affidavit of publication an.1 certificate of mailing. Cene and Nancy Rosenthal were present. There was no one ,r. e nt from the pui. '-c for the heari.rig. Goettan asked the applicants if there is a riparian access. Zoning Administrator Mabusth stated that this is a non - riparian lot. Also, the County will receive an addition 7` of right-of-way, totaling 801, because of the sharp curve. It Y._ s moved by Kelley, seconded by Goetten, to recommend approval of the preliminary 2 lot subdivision for Eugene Rosenthal based on the following conditions: 1. Dedication of additional 7 feet of right-of-way for County Road 135 - ap-proving a total right-of-way of 80 feet along curved section of roadway. 2. Access to new lot must follow guidelines of Hennepin county Highway Department - 75 feet to 90 feet west of shared lot line. Access permit mug 'i,e obtained from Hennepin County Highway Department . to application for building permit. 4. The newly created lot has no riparian rights. Motion, Ayes 6, Nays 0. go�AURFEN S. nELLOWS UTH BROWN ROAD PRELIMINARY SUBDIVISIO. PUBLIC HEARING 8:03-8:(j8 PM Assistant Zonirg Administrator Gaffron noted the affidavit of publlcL.tion and certificate of mailing. Mr. Bellows was presen*. There was no one present from ti'e public for the hearing. Assistant Zoning Administrator Gaffron noted that he nad rec-ived ;_ letter from an adjacc..t property gt lort..ipq the pro)ect which C'.tairman Callahan read (Exhibit A). Kelley . ated That h.� does not card for the meandering lot 1: leg. MINUTES OF THE PLANNING COMMTSSION MEETING HELD DECEMBER 16, 1985. PAGE 3 t' ' 3 MAUREEN S. BELLOWS Assistant :..,niny Admini sti-ator Gaf f i on noted the reason for t:. ;eandering lot lines was to fit the septic system and alternate system ' lito the lots. It was roved by '' ..1 ley, seconded by McDonald, to rr.commend app, for the preliminary subdivision of Maureen S. Bel. .nding that the proposed subdiv;si meets all Sept- ar lards set forth in the Orono On-S__ ! Code and meets IL stardarl% of the RR-1B zoning district, and I t eac:i lot is of a s, - and configuration that will allow construction of a sing?e family residence without the neeu .,L setback variances, such approva is subject to the following conditions: 1. Dedication of the standard drainage and util easements along all property lines. 2. Wetlands to be described on the pli 3s drainage easements and dedicated to the public - nserv..' ion and flowage easement shall required ove under, arl across the wetlands. 3. Prc .wed ome and all accessory structures on Lot 1 must meet, all standards of t:ie RR-lB zoninq distict. 4. Al.olicant must or+.din access permits "rom Hennepin Cour, prior to relocation of the drivewa,. This is to be c aced driveway, serving both Jots. Dell,Lion on the plat of a 33' corridor for i tght- oF-way or Brovn Road. o. 'ark Dedication Fee of $200 for trie 4.98 acre r. * ' y created }. Motion, Ayes 6. ..ys 0. 0967 a -,9i.8 IOHN B. InSTROM '2580 FOX STREET PRELIMINARY SUBDIVISION 6 CONDIT'7NAL USE PERMIT CONTINUATION IF PUBLIC HEl ING No -)nr was F _esent for hi; applic tion. It wa-• e• by C. airman Callahan, seconded by ^ime to table this . -at Ion. Motion, eye-, E ; Nays Q. TOPOGRAPHC SURVEY FOR MAUREEN BELLOWS :N THE NW 1/4 OF SECTION 3-117-23 LUCE i _.+mil ti."�� d�l.�./If r•n�r„ 3CALE IN FEET :LTE XCCMSER r. t984 *UM MEAN SEA LE WiL XNDTES IRGN MONUMENT BEARINGS SWJJWN ARE AS„AMC^ COFFIN 9 GRON©ERG, INC EM�.urEERS, SNRVEYEAS. PLANNERS LONG LAKE, NOWSOTA TRPiI LINE , oo w u `rd To: Mayor Butler Mark E. Bernhardson, City Administrator Orono Council Members From: Jeanne A. Mabusth, Zoning Administrator Date: January 7, 1986 Subject: #1000 William Wear, 2160 Wayzata Blvd. - Variance Zoning District - B-1 Application - Variance for additional signage for shopping center use. Pertinent Ordinances 1. Section 10.61, Subdivi: _on 3 (A) - no sign shall exceed 50 s.` and signage area in B-1 zone shall be limited to 1 s.f. per 1 foot o: frontage. 2. Section 10.61, Subdivision 3 (B) - signage area limited to 4 s.f. per 1 lineal foot of building frontage and 1 s.f. for each foot of front yard not occupied by building. 3. Section 10.61, Subdivision 3 (D) - height limitation for signs within B-1 zone. List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Council Minutes of 9/13/82 Exhibit D - Survey Exhibit E - Sketch of Sign Review of Signage Applications for 2160 Wayzata Boulevard In 1980, Bill Wear, the owner of the property, received approval for a variance application for the erection of a 30' high sign requiring setback and height variances. In that review, the City determined that B-1 standards were not feasible for the existing shopping renter use. B-3 signage allowance standards were used in that review as a more appropriate comparison. Approved Signage Plan of 1980: A) Highway sign 51x10' = 50 s.f. r) ID plaques 2'x9'x4 = 72 s.f. C) Building signage (letters 2' high, each user allowed 12' length) 10x24' s.f. = 240 s.f. ------------- Total Existing = 362 s.f. Allowed with B-3 = 380 s.f. Allowed with B-1 = 200 s.f. In August of 1982, Wear applied for a variance co permit the installation of a 20 foot high pylon sign, 61x7' or 42 s.f. : n area. The sign was to be installed for Q Petroleum and within 1 year the variance approval expired because the sign was not installed. Zoning File #1000 January 7, 1986 Page 2 Current Application Wear now seeks approval for an independent - directory type sign to advertise new Mexican restaurant and another new use. Be has used a temporary mobile sign but finds this has not been effective in announcing new restaurant use. The existing pylon - directory sign is at maximum use level. The new sign is to serve as an additional directory source. Application is as follows: Sign Location Allowed = 10' Proposed =27' to east of tree - next to large bolder at most eastern access Height of Sign Allowed = 22' Pro osed = 21' Area of Sign Proposed = 38 s.f. Total Existing Signage = 362 s.f. Total Proposed Signage = 400 s.f. Allowed B-1 = 200 s.f. Allowed B-3 = 380 s.f. Applicant should be advised of need to limit signage for site to these 2 directory signs. City will not approve a separate pylon sign for gas station use. Gas station would be asked to use new sig>; for ad- vertising. This review should also place limit on future :ign area allowance for the new directory sign. There is additional room for approximately 3 (51x216") signs for a total of 39 s.f. or 40 s.f. Appli- cant's total allowance for all exterior signage would be as follows: All Highway sign 51x10' = 50 s.f. B) ID plaque 2'x4'x4 = 72 s.f. C) Building signage (letters 2' high by 12' each use allowed 1 = 1Ox24 s.f.) = 240 s.f. D) Directory sign - limited to = 78 ------------ s.f. 440 s.f. Allowed B-3 380 s.f. Allowed B-1 200 s.f. Zoning File #1000 January 7, 1986 Page 3 Planning Commission Recommendation To approve 78 s.f. of additional signage for the Orono Shopping Center based on the following findings: 1. The location, height and size of sign will not impair the safety and welfare of the public. 2. The current zoning standards are not compatible with demands of shopping center use. Approval is based on the following conditions: 1. All exterior signage is to be restricted to areas approved by City - building signage and 2 directory signs. 2. All other independent signs in front island or landscape zone are to be removed. Temporary sign permits are required for the use of portable signs on property. Such signs must be stored inside when not in legal use. 3. Applicant to provide updated landscape plan for 86 spring season. The enclosed resolution has been drafted per Planning Commission recommendation. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.61, SUBDIVISION 3 (A) FILE #1000 WHEREAS, William Wear (hereinafter "the applicant") is the owner of the property located at 2160 Wayzata Boulevard within the City of Orono (hereinafter "City") and legally described as follows: Section 34, Township 118, Range 23: Commencing at a point in Northerly line of State Highway No. 12 distance 149.05 feet Easterly as measured along said Northerly line from West line of East 1/2 of Northwest 1/4 thence North 2 degrees, 41 minutes, 23 seconds East distance of 334.52 feet; thence South 87 degrees, 18 minutes, 37 seconds East distance 20C feet; thence South 2 degrees, 41 minutes, 23 seconds West to Northerly line of said highway; thence Westerly along said Northerly line to beginning (P.I.D.: 34-118-23 21 0002), (hereinafter "she property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.61, Subdivision 3 (A) to permit the installation of a directory sign that will add 78 square feet of signage requiring a variance to the total signage allowance for the property at 200 square feet and approving total signage at 440 square feet. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1000. 2. The property is located in the B-1 Commercial Zoning District. 3. The Orono Planning Commission reviewed this application on December 16, 1985, and recommended approval of the proposed variance based upon the following findings: A) The location, height and size of the directory sign will not impair sighting at the accesses to the shopping center and poses no hazard to the safety of the general public. B) The applicable B-1 zoning standards are not compatible with existing shopping center use. 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. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL Rej 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 appli- cant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.61, Subdivision 3 (A) to permit the installation of a directory sign that will add 78 square feet of signage requiring a variance to the total signage allowance for the property at 200 square feet and approving total signage at 440 square feet, subject to the following conditions: 1. All exterior signage on the property is restricted as follows: a) Building Signage = 240 s.f. b) Highway Sign + ID Plaque = 122 s.f. c) Directory Sign = 78 s.f. 440 s.f. allowed signage 2. All additional signs in front island or landscape zone are be removed. Temporary sign permits are required for the use portable signs and such signs must be stored within structur. when not in legal use. 3. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit wit-hin one year of the date of Council approval, or this variance will expire on that date (January 13, 1987). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5. 1,ie 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 13th day of January, 1986. ATTEST: Dorothy M. Hallin, City 'Lerk Mary C. Butler, Mayor (1) Property Owner Page 3 of 4 City of OR,ONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this _ day of __, 1986 before me a Notary Public within and for said county, personally appea ed 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 EXPIRE STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 1986, 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 F:XYI RF,S rage 4 of 4 CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional project) After -the -Fact Fees (Double application fee) -----------------------------------------------------• ------------------ PROPERTY LOCATION. Site Tiddress :�/G v 5/dd Property Identification Number (P.I.D.) y-%/g-a/ 000:;� Please check one -- Is the property abstract ory torrens? Please attach legal description to application if not included on required survey. -------------------------------------------------------------------------- APPLICANT Name /,f/i//iA AA -I- nga-d.,_ t.ae-,gL R Phone y 7 3— 70ol -7 Mailing Address epO , &zr 346 A0.,✓42 A./H Name "I, It 1pj#64< L41,4.d t Phone Art 7 3 70 417 Mailing Address Di2 /,3o,rl 3OG A-✓Ald .[,a�j i1-1 N Date Property Acquired / 9 G 7 (month/year) I (do) (do not) also own the adjacent parcels of land. ------- ---- --------------------------- ---- PRESENT USE OF PROPERTY - -- ------------- Present Zoning District Present Use of Property �p17i4r / Rientiai Other (specify) ----------------------------------------------------------------------�•---- DESCRIPTION OF REQUEST Estimated Construction Cost $s So 0.0 Describe request in detail: 5,a V,w c a- nioT 41(1-o ✓.+I't -------------------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances ( Front Side Rear) Other -------------------------------------------------------------------------- (OVER) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: yd7- gam, g.4&7- --------------------------------------------------------------------------- DF.SCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusualpr.operty conditions preventing compliance with Zoning Code Requirements: _ REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified r --operty Owne: s List of owners within 150' (you can obtain this list from Hennep.L County Department of Finance A-603 Government Center 348-3271 ) 3. Stamped, 1,-q ze-1 envelopes (#10) pre -addressed to each of the names on the above list -,o return address. 4. Certificate c• r-.urvey inc'uding hardcover calculations as required. 5. Plat Map. -------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not compl-:tc if the above information has not been included. --------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all f ,es and/or unusual expenses incurred in review of this application., �F:nd certifies that the information supplied is true and correct to the best of his/her. knowledge. Applicant's signature �,�L�y_=-`��L'�/�-r' Date 81 OWNERS SIGNATURE ThL- owner hereby acknowledges 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 investigation and verification of this request. owner's signature �....�-��-- - Date /�- i s �+ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meet inqs are hell on the third Monday of each month. ---he- LVman r(�. 405 Z) . GO I oc� D r. Lo cv5 Lak. , M(u s35b Lnriq LaGa :bcc I r-x- ior', � n C Lncq La Cc , mn) C DEPT OF PROPERTY TAXATION 1 CERTIIV '•HAT THE FACTS REPRESENTED ON THIS A-dOb GOVERNMENT ClNTt11 CERTIFICATE ARE AN ACCURATE AND TRUE AE/11E- lENTATION Of INFORMATION AS 17 APPEARS THIS DATE OA THE RECORD! OF TH! HENNE►IN COUNTY MINNEAPOLI$1 MR al;4ei FINANCE DIVISION, TO TN! 0E97 OF rV AHOYI {E AND S. LIE/ ,.� HEMNE/IN CO. DIP". l 19T TILEF') DATE �Y , FEE OWNER TAX PAYER / pP RTY 0 S 1 D MAILING ADDRESS - _ 49 ry (� }-NETnr41� 111. FOR t �- -'1� j...o t►Ic� Pic BLS --___ _ _._. __ ..... - _.._ ___ . _ _._ ___ RE tilt 1% a 1Iv kr ILJ 1aul. k�:wi.v %.kJV..L ♦1., .,.,i ♦....0 a. .. Jr • 1 rivL—J— s Mr. Thomas Sarenpa was present. Butler moved, Adams seconded to approve the side setback of 3.5' and hardcover variance. Motion, Ayes (5) -- Nays (0) . t696 HILDUR HOLLANDER 250 Hollander Road Preliminary Subdivision 'XV69a M1'.RVIN SEIBOLD 1699 North Farm Road Variance i V'1699 WILLIAM WEAR 2169 Wayzata Blvd. Variance Zoning ministrator Mabusth reviewed for the Counc_ a Preliminary Subdivision application of Mrs. tiildur tollander. Mrs. Hollander was present. Van Nest moved, Hurr seconded, to approve tae preliminary subdivision per Planning Commis- sion's recommendations subject to staffs inspecting the possibility of a private driveway easement through lot 3 and 4 to serve lot 5, council is concerned with direct access to Ccunty Road 6 off lot 5. Motion, Ayes (5) - Nays (0). Mr. Marvin Seibold and his attorney Mr. Bob Mitchell was present for this application. Councilmember Tim Adams wanted it stated in the record that he was a partner in the farm that Mr. Seibold purchased and he did not feel he had a conflict of interest, if anyone on the council felt he did, he would step down. Council saw no problem and decided it would be acceptable for councilmember Adams to stay seated at the council table. Van Nest moved, Butler seconded, to approve a 30' lakeshore width variance for lot 6 blk 1 subject to the filing of an amended Flowage c 1 Conservation easement permitting constructio.t of a joint or single residential dock per L.M.C.D. standards. Applicant is to work with staff in determining the best method of reaching shoreline with limited use of hardcover. Dockage limited to two slips. Motion, '',yes (�) - Nays (0) . Councilmember Adams abstained. (1). Mr. Kevin Gonyea representing Q Petroleum was present. Zoning Administrator Mabusth reviewed the variance application with the council. TAX EXEMPT APPLICATION 525 Leaf Street WATER TOWER CHANGE ORDER it Hurr moved, Butler seconded, to approve a 42 sf. sign area varaince approving a 20' high pylon sign located 27' off of Highway 12. The sigh may not exceed (;' X 7' in area. This approval is subject to the following conditions. 1) Property limited to 2 individual signs (directory signs 30' high and Q Petroleum sign 20' high) 2) Update on landscape plan summer of 1983. 3) City will require a temporary sign permit whenever the temporary mobile sign was in use on the site - must be store,', inside when not in use. Motion, Ayes (5) - Nays (0) . Van Nest moved, Frahm seconded, to respond to the state requesting a hear;ng and to delay approval till such time staff can research the file and determine the use of the building. Motion, Ayes (5) - Mays (U) . Adams moved, Hurr seconded, to approve the change order 11 for extension of time until the 17th of Septenber. Motion, Ayes (5) - Nays (0). RESOLUTION 11414 Navarre Utility & Street Improvements CITY ASSESSOR Butler moved, Hurr seconded, to approve Resolution #1414 accepting the Navarre Utility & Street Improvements specs and plans subject to attorneys making changes on the contract reserving tre City the right to award or not to award the co;itract. Motion, byes (5) - Nays (0) . Mayor VanNest reviewed the assessor contract with the County. The City is now in the second year of the assessment contract and if the City decides to get_ their own assessor we will h7ve a time of duplication before Hennepin County has fulfiled its current contract. Van blest moved, Butler seconded to have City Administrator Benson draft a resolution stating the City Council desires not to renew the contract with the County for anything past the term of the existing contract and that the Council is instructing our staff to proceed with a study and a recommendation to the Council as to how it is PIPS 1 4M i EXt;T1rICs 'tTdE�S „ / / i :V� _, / NA ff ---r----rT^ r.M., tv 0 ,1j: IV - s L I .: #1000 (JTi L L 1] /' 7 To: Mayor 3atler, 1 Mark Bernhardson, City Administrator Orono Council Members From: Jeanne A. Mabusth, Zoning Administrator Date: January 2, 1985 Subject: #1001 Charles Garrity, 2701 Kelly Avenue - Variances Zoning District - LR-lB Application - Request to build new home on established residential lot. Pertinent Ordinances Section 10.24, Subdivision 5 (B) - lot area a) Area Required = 43,560 s.f. Existing = 26,800 s.f. Variance - 16,760 s.f. or 38% Section 10.24, Subdivision 5 (B) - side yard adjacent to street Required = 35' Setback of Developed Residence = 15' (20' side setback variance approved 7/12/82) Proposed = 10' Variance = 25' or 71% Section 10.22, Subdivision 2 - hardcover variance 250-500' setback area 8% variance required (to review hardcover breakdown review Exhibit F) Allowed 1,800 s.f. or 30% Proposed = 2,278 s.f. or 38% List of Exhibits Exhibit A - Application Exhibit �B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey For 1982 Review Exhibit E - Applicant's Hardcover Fact Sheet Exhibit F - Staff's Hardcover Fact Sheet Exhibit G - Council Minutes of 7/12/82 Exhibit I1 - Map of Hardcover. Breakdown Exhibit I - Survey The current owner of the property proposes construction of a new residence on Lot 1, Plock 2 Walters Port. The original residence (Scott Ellis house) has been demolished - house was constructed in 1902. The property is served with both municipal sewer and water. The lot size (,Approximately 26,800 s.f.) is consistent with surrounding Walters Port and Kelly Avenue properties. The City approved a side street setback variance of 20 feet and lotarea variance in July of. 1982 for Jerome Carlson. The original. house (Ellis) had 2 curb cuts. Zoning File #1001 January 3, 1985 Page 2 Review Exhibit D. The 1982 application proposed a single access onto Walters Port. The current application proposes an access off Kelly Avenue. The City will ask that 1 curb cut be approved for new project. Public Works Coordinator has approved the Kelly Avenue access location. The applicant seeks a hardcover variance within the 250-500' zone of 8%. Note the old survey of 1982 and current survey do not designate old drive from Kelly Avenue access and parking area. At the Planning Commission meeting, applicant confirmed that a gravel drive and parking area does exist under the snow. Staff would suggest that there already exists an excess of hardcover within 250-500' zone at approximately 33 to 34 percent (3% to 4%). The applicant proposes 18% of hardcover improvements within the 75-250' zone. The excess of hardcover in the 250-500' zone is balanced out with additional allowance within the 75-250' zone. Applicant should be advised of the need to limit improvements to property that create hardcover in the future. In addition, it should be noted that excess in hardcover is located in zone furthest away from lakeshore. The side setback variance will allow the new owner to save the same mature trees referred t�., in 1982 application. Planning Commission Recommendation To approve a lot area variance of 38%, a side/street setback variance of 25 feet or 71% and a hardcover variance of 8% within the 250-500' zone based on the following findings: 1. The property has contained a residence since 1902. 2. Sewer and water is available and has been assessed and paid. 3. Previous residence was located 15 feet from Walters Port Road. 4. To relocate house further west would require the loss of several mature trees. 5. Excess in hardcover is located in zone furthest away from lakeshore. Approval is subject to the following conditions: 1. Applicant is placed on notice that no additional hardcover will be approved within 75-250' setback area based on the excess approved within 250-500' setback area. 2. Applicant is hereby advised that a future Council may not approve setback or hardcover variances in consideration of the total hardcover and current approved location of house on property. C lt.y' of URONO RESOLUTION) OF THE CITY COUNCIL NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) AND SECTION 10.22, SUBDIVISION 2 FILE #1001 WHERE,gS, Charles Garrity (hereinafter "the applicant") is the owner of the property located at 2701 Kelly Avenue within the City of Orono (hereinafter "City") and legally described as Lot 1, Block 2 Walters Port (hereinafter "try- roperty"); and WHEREAS, the applicant has applied to the City for variances to Municipal 'Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a new residence on property that contains approxi- mately 26,800 s.f. in area instead of the required 43,560 s.f., to be placed 10 feet from the street/side yard instead of the required 35 feet, and to permit a hardcover excess of 8% allowing a total of 38% in hardcover over the allowed level of 30% within the 250-500 foot setback area per Section 10.22, Subdivision 2. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1001. 2. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on December 16, 1.985, and recommended approval. of the proposed variances based upon the following findings: A) The property has contained a residence since 1902. B) Sewer and water are available and has been assessed and paid. C) Previous residence was located 15 feet from Walter Port Road right-of-way. D) To relocate house further west in order to meat required side/street setback would result in the loss of several mature trees. Pago 1 (if 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. E) Excess in hardcover on the property is located in setback zone furthest away from lakeshore. 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 cs a convenience to the applicant, but is necessary to allevia}c a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the appli- cant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Municipal 'zoning Code Sections 10.24, Subdivision 5 (B) and 10.22, Subdivision 2 to permit the construction of a princi- pal structure on a lot that contains 26,800 s.f. instead of the re- quired 43,560 s.f. in area, located 10 feet from the side/street lot line instead of the required 35 foot setback, and to approve an excess of 8% in hardcover allowing a total of 38% hardcover over the allowed level of 30% within the 250-500' setback area. 1. Applicant is placed on notice that additional hardcover within the 75-250' setback area wi 1 1 not be approved based on the 8% excess approved within the 250-500' setback area. 2. Applicant is hereby advised that a future Council may not approve setback or hardcover variances in consideration of the total hardcover and current approved location of house on property. 3. Authorities granted by these variances run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (January 13, 1987). Page 2 of 4 City of OR,ONO RESOLUTION OF THE CITY COUNCIL NO. 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. S. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors an:9 assigns, hereby agrees to the recording of this resolution in tha chain of title of the property. Adopted by the Orano City Council on this 13th day of January, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor (1) Property Owner Page 3 of 4 City of ORON %:. RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of _ _, 1986 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 ) Or. this day of _, 1986, before me a Notary Public within and for said County, pers_na lly appeared _ known to me to be the person(s) described in and who executed the foiegoinginstrument. and acknowledged that he (they) executed the same as his ,their) f r:-�e act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES �! Page 4 of 4 CITY OF ORONO - VARIANCE APPLICATION yo 00 Initial Application Fee $150.00 ($50.00 per each additional project) After -the -Fact Fees (Double application fee) PROPERTY LOCATION Site Address (%C'� ��. At k Property Identification Number (P.I.D. ) /J% - 1 .7 Please check one -- Is the property abstract or torrens7 yu Please attach legal description to application if not included on required survey. -------------------------------------------------------------------------- APPLICANT ti-c°1�r5� Name CAAvlit 4194lkA`i l�i;'/'�f % Phone 4�3- v211 ('4,00�_..+w.� �/ v L - 7�J41�, 1. 4-�?/, Mailing Address 243� /��,/7,c-��,- /'�/s�( /�?,-rti./.N�/f,�/, Name Phone Mailing Address Date Property Acquired _Lei- y (month/year) I (do) (do not) also own the adjacent parcels of land. ------------------------------------------------- --- -- ------------ PRESENT USE OF PROPERTY J L Present Zoninq District ' FBI Present se of Property _ Residc-ntial Other (specify) DESCRIPTION OF REQUEST - - Estimated Construction Cost $2—h; (200 Describe request in detail: ---------------------_--------------------_------------------------------- VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances ( Front S;de Rear) Other ------------------------------------------------------------------- (OVER) HARDSHIP Describe enforc ,1ue hardship or practical v i... ieuIty resuItinq from strict zoning regulations: �/'!' s,:'i•. v' �c t DESCRIPTION OF UNUSUAL PROPERTY CONDIT:ONS Describe unusual property conditions reventing compliance with Zoning Code Requirements: ( "' °- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603Government Center 348-3271) 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. --------------------------------------------------------------------------- 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. --------------------------------------- ----------------------------------- "PLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to payall-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 sign,iture Date 1 ` C OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry ( -i the property by City staff, consultants, aqents, commission members, a., uncil members for purposes of investigation and verification of this req, Owner's signature % — )ate -------------------------------------------------------------------------- Applicant must have all submittals into the City offices 25 days hefore the Planning Commission Meeting. Planninq Commission Meet in(,;,; are held on the third Monday of each month. \\ a of r � 7�M•.,.et y� - wa lb 42 t � zz •� s-4 + � O j y y ` Ilk ti • - /// �} ' S,f' ay ,'e :r t •` y i"t� ,!`I- . - 4r• �.• � •!► ai•y i O t 14 O/Vk q .� 6. CC E 01 _ 3k-- _.��___�_ .��� •,, ,, - 23 LAKE A/1� futu's RUN DATE 11/22/85 BATCH 003 38 20-117-23 14 0007 ,. PROP ADDR 0-1695 KELLY AVE C'NER NAME S A H KAPLAN TAXPAYER SHELDON KAPLAN NAME/ADDR 2695 KELLY AVE EXCELSICR MN 55331 4W 38 21-117-23 23 0033 PROP ADDR 02700 VELLY AVE C14NEP NtME MARVEL M RIZE TAXPAYER MARVEL RICE NAME/ADDR 2700 KELLY AVE EXCELSICR Mtt 55331 38 21-117-23 23 0040 �'CP ACOR 02701 KELLY AVE O::NEP NAME MICHAEL J PLUHM TAXPAYER. CHARLES E GARRITY NAME/ADCR. 2932 NORTHVIEW RO MI!TIETO'":A BEACH MN 55361 38 21-117-23 23 0043 PPOP ADDR 02705 WALTERS PORT LA do, C::NER NAME DONALD W NELSON ETAL TAXPAYER DONAL.D W NELSON NAME/ADDR RT 2 EXCELSICR MN 55331 P 38 21-117-23 23 004, PROP ADDR 0::`:ER NAME ENVIP.ONMENTAL PLANNING TAXPA`''R E!1VIP.ON'1-rNT4L PLANNING ':NC NAME/ADDR 4530 ICS CENTER MPLS MLJ 55402 r f HEt87EPIN COUNTY PROPERTY IN,ORMATION SYSTEM PROPERTY OWNERS LIST 38 21-117-23 23 0028 02745 KELLY AVE A A J STEWART RONALD C A JEA14 C STEWART 2745 KELLY AVE EXCELSIOR Mt4 55331 38 21-117-23 23 003, 02710 KELLY AVE LEE R MUKELWITZ A WIFE LEE P MUNW.ELWITZ 2710 KELLY AVE EXCELSIOR MN 55331 38 21-117-23 23 0041 02699 KELLY AVE RICHARD T CRIST ETAL RICHARD T CRIST 2699 KELLY AVE EXCELSIOR MN 55331 38 21-117-23 23 0046 MICHAEL 6 PLUHM MICHAEL G PLUHi 2710 WALTERS PORT W EXCELSIOR VN 55331 TOTAL BATCH 003 00013 REPORT NO. P14354CI PAGE 7 38 21-117-23 23 0029 02701 PENCE LA F E DAILEY A P L DAILEY FRANK.LYN A PATRICIA DAILEY 2701 PENCE LA OROt4O t81 55331 38 21-117-23 23 0039 02702 WALTERS PORT LA MICHAEL 6 PLUHM JOHN 'YOUNT 2702 WALTERS PQRT OROtlJ tr4 55 38 21-117-23 23 0042 02703 WALTERS PORT LA WILLIAM H REESE JR A WIFE WILLIAM ii REESE JR 2703 WALTERS POPT LAttE EXCELSIOR t'.N 55331 38 21-117-23 23 0047 MICHAEL 6 PLUHM JOHN YOL44T 2702 WALTERS PORT OROt70 t^4 55331 PV4 DATE 11/22/85 HENNEPIN COUNTY PROPERTY INFORMATION SYSTE►'. REPORT NO. PI435401 PROPERTY OWNERS LIST PAGE 8 BATCH 003 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCUPATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECCPDS OF THE HENNEPIN COUNTY 9EPARTMENT OF,PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. �, s DATE i EXHIBIT r: - r _ � .r use<i hers{ MCI CI f,' C� A 4 11 " � s ao��a•�. Roc ' �.� ., �.,��� r.o• J,., .t• �01v,9•.fi _ tib1� - t house anOt _ 4, E,4 `►,E � 15 t �d h , �y 1^ a 0 ?S mne rs 1�8 !t �p 15lJO # f r! �.+r: r.•t.nt •t �•1•At a D✓t/of j I All r firertlfy t';.At t 'F'.. �,M �i t ! t. �a fit.. ••'. a`1,,q�Q b •'_ .. j L• '1.,: 1 JLj•,t t: v r�r I,r.J rl ., va•r LAKESHOPE REGULATION'S AND IIARDCOVI:R n `_ I SEC. 10.22. REGULATIONS, FOR-LR-lA", "LR-lA-l-, "LR-lI3", "T,R-IC" AND "LR-IC-1" ONE FAMILY LAKE.SHORE RESIDENTIAL DISTRICT. Within any "LR-lA", %R-IA-1", "I.R-lB", "LR-lC", or "LR-1C-l" One Family Lakeshore Residential District the following regulations shall apply: Subd. 1. Lakeshore Set Back Pegulations. The set back from the shoreline for lakeshore lots shall be at least 75 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 Hard Cover Regulations. Within 75 feet of shoreline there shall be no excavating, filling, Yard cover, temporary or permanent structures. Within 75 to 250 feet of the shoreline there shall be no greater than 25% hard cov,?r. Within 250 to 500 feet of the shoreline there shall be no greater than 30% hard cover. Within 500 to 1,000 feet of the shoreline there shall be no greater than 35% hard cover. Subd. 3. Tree Removal Regulations. No trees within 75 feet of the shoreline with the diameter of six (6) inches or more shall be remove6 without first obtaining a permit from the Council. HARDCOVER LIMITATIONS 0-75' Zone - 0% Hardcover allowed 75-250' Zo:le - 25% Hardcover allowed 250-500' Zone - 30% Hardcover allowed 500-1000' Zone - 25% Hardcover allowed Percentage of hardcover for each zone is calculated as follows: Area of hardcover Zr�r��7 in zone (sq . ft.) Percentage of Area of lot X i hardcover in zone in zone (so. ft.) NOTE: Measure setback distances perpendicular to the shoreline, not along the lot line. �v�Gr Eli ORONO HARDCOVER CALCULATION WORKSHEPT LAKESHORE A. Existing B. Existinq C. Existing hardcover D. Proposed E. Proposed hardcover. F. Allowed SETBACK lot area hardcover Percentage hardcover per hardcover ZONE in zone in zone [ (B.A) x 1001 in zone [ (D.A) x 100J percenta-y- 0-75' �S���C) �f C' F,r L oo sf '? % 0 /�-- 75-250' �t % sf /: 5`� sf �% , i�7 ��� sf % 25 - ---- 250-500' �' C�t� sf CV sf �o�'y�"> sf 5 1I 9co 30 500-1000' �� cf sf °� sf n�o 35 i Directions: A. Existing Lot Area in Zone - includes the total square footage of dry builda4le land within the specified zone. B. Existing Hardcover in Zone - includes the square footage of existing roofs, decks, sidewalks, driveways (gravel or paved) and other rain -impervious surfaces within the specified zone. C. Existing Hardcover Percentage - divide the number in B by the number in A and multiply by IC7. D. Proposed hardcover in Zone - includes the existing hardcover plus all proposed additional hardcover. E. Proposed Hardcover Percentages - divide the number in D by the number in A and multiply by 1^3. F. Allowed Hardcover Percentages - if the percentages in column E for any setback zone exceed the allowed percentages in column F, you should contact the Zoning Department at 473-7357 to discuss the possibilities of obtaining a variance. Generally, if a :oncurrent removal of existing hardcover matches the additional. hardcover proposed, resulting in no net increase of hardcover in a specified zone, a variance may not be necessary. Zone Area 0-75' 2,500 s.f. allowed 0% 75-250' 18,300 s.f. allowed 25% 250-500' 6,000 s.f. allowed 30% HARDCOVER FACT SHEET Zoning File #1001 HARDCOVER Allowed Existing C 4,575 s.f. 1,137 s.f.* or 6.2% Proposed E 3,317 s.f.*** or 18% 1,800 s.f. 1,247 s.f** 2,278 s.f.**** or 20.7% or 38% (Staff questions final calculation because survey fails to specify existing drive and parking area of Ellis property) * House = 742.1 s.f. 1/2 Garage = 222.5 s.f. Portion Paved Area = 175.0 s.f. ------------ 1,136.6 s.f. ** Paved Area = 1,024.0 s.f. 1/2 Garage - 222.5 s.f. s. . *** House - 2,317.3 s.f. Portion of Garage - 232.0 s.f. (1/2 of 10x24) = 120 (14 x 8) = 112 Garage 767.7 s.f. 1/2 of Large Gravel Area (41.5 x 37) ------------ 3,317.0 s.f. TOTAL **** Garage - 1,128.0 s.f. Gravel Area - 1,142.7 s.f. 1/2 (41.5 x 37) - 767.7 s.f. 15 x 25 - 375.0 s.f. -------------- 2,270.7 s.f. Mayor Van Nest moved, Hurr seconded, to table the Gibbs' application and to hold a special Council meeting at the Gibbs property on Friday, July 6,1982 at 9:00 A.M., in case of rain, the meeting will be held Tuesday, July 20, 1982 at 9:00 A. M. to view the access. Motion, Ayes (4) - Nays (0) . I/eVAR I ANCE 2701 Kelly Avenue #688 Jerome Carlson ".oning Administrator Mabusth reviewed with the City Coun^il the variancerequest of Jerome Carlson, 2701 Kelly Avenue. Mr. Carlson, Mrs. Ellis, and Mr. Reese were present. Mayor Van Nest moved, Hurr seconded, to approve the variance request of Jerome Carlson, 2701 Kelly Avenue, per the Planning Commission recommendal-ons, subject to the curb -cut being on Walter's Port Lane only; a permit to be issued for moving the present house to Spring Park. Hardship is due to the topography of the area. Motion, Ayes (4) - rays (0). VARIANCE 1374 Rest Point Road #689 Larry Langhans Zoning Administrator Mabusth reviewed with the City Council the request of Larry Langhans, 1374 Rest Point Road, for a variance. Mr. Langhans was present. Hurr moved, Frahm seconded, to approve the variance request of Larry Langhans, 1366 Rest Point Road, per the Planning Commission recommendations, subject to new building site in the rear have no riparian rights to Lake Minnetonka. Motion, Ayes (4) - Nays (0) VARIANCE 2794 Casco Point Road #691 Todd Robideau Zoning Administrator Mabusth reviewed with the City Council the request for a variance of Todd Robideau, 2794 Casco Point Road. Mr. Robideau was not present. g4.Lr H DESCRIPTION Lot Ir Block 2, WALTER; PORT I Or , Bencn work. lop of hydrant S E comer Lydior4 6 Co Rd 19 , L E Iry 944 83 y i X-f to on " A' To: Orono Council Members From: Michael P. Gaffron, Assistant Zoning Administrator Date: January 6, 1986 Subject: #1002 Mrs. F.C. Lyman, 825 South Old Crystal Say R"ad - Conditional Use Permit Zoning District - LR-lA - 2-Acre Rural Residential Applic-atic - Conditional Use Permit for proposed addition to guest/caretakers house. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey The applicant is requestini to construct a bedroom and bathroom addition to the existing caretaker house on this 20-plus acre property. No existing conditional use permitis on file for the structure. The caretaker house meets the 30' side setback requirement, and the proposed addition will create no encroachments. There is adequate area on the property to meet all septic_ system needs. The requirement for an additional 2-acres of dry buildable, in addition to the 2 acres for the main house, is adequately met. Please review the plat map section attached and note the location of the principal residence and the caretaker house and barn. The proposal appears to meet all. requirements of Section 10.20, Subdivision 3 (G) for a guest house conditional use permit. At their December meeting, Planning Commission recommended approval subject to the structure never being_ rented out. A resolution for approval is attached. -,/Q `.T /� be CITY OF ORONO GENERAL LAND USE APPLICATION --------------------------------------------------------------------------- PROPERTY LOCATION Site Address =25-x,.L-11 c:�,� C:��`�"IAA t3AY W_D 9/ Oi / Property Identification Number (P.I.D.) ,22-/'f-„?,3 Z/ Please check one - Is the property ✓ abstract or torrens? (for Conditional Use Applications only) Please attach legal descr;ption to application if not included on required survey. APPLICANT Name �, �'. LYN-�t�1 Phone Mailing Address . r, S it t"1 c,►-1) «.f5:pa64 i�-b,L41 jTZ --b�_ ----------------------------•----------------------------------------------- OWNER � Name kg', V . C. L`titw Phone 4-73 " E iL 44" Mailing Address �l`� ,� ,J;11 (?��� y �� 1a�4�1 ��� ��4. 4'Tl4 Date Property Acquired H S) (month/year) I (do) (do not) also own t.e adjacent parcels of land. ----------------------------------------------------------------------------- FEES - CONDITIONAL USE PERMITS $100.00 a)` Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Sldq $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration (grading, filling) PRD/PID - see fee schedule Other Applications $250.00 Vacation 2 $250.00 Rezoning #100 f a $100.00 Appeals Other - see fee schedule PRESENT USE OF PROPERTY Present Zoning District Present Use of Property _ Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe req-,est in detail: ,.zy c'�,�n:S1L1�AL L'i.� 1 prL�L1 L`N ThL_ C4r-k 1As<e;7 *2 le 4f S'L0i-f 4SL4 /1►l� AilL� ett lli�i.if: ,Ahr 1 n ru -rr, 1-r _ _--- -------------------------------------------------------------------------- RNQUIRBD SUBMITTALS 1. Completed Application Form. 2. Certif ied Property Owners List of owners within 350' ( you can sin this list from Hennepin County Department of Finance A-603 Government Cenc-er 348-3271) 3. Stamped, legal sized envelopes (i10) pre -addressed to each of the names on -he above list with no return address. 4. Certificate of survey. 5. Construction plans, if applicable. 6. Plat Map. The Applicant ar operty Owner must s -hat your application is not complete i.xc' led. AP'PL,'CANT' S SIGNATURE ------------------------------------- ;n this application. Please . member if the above information has not been 1-eo ague: "icant hereby agrees to provide all information required or requested by th.- Zonxng Administrator, agrees to pay all fees and/or unusual expenses incurred in reviewof this application, and certifies that the information supplied -'s true and correct to the hest of his/her knowledge. Applicant's signature } -� _�_ Date jr 4 OWN]MS SIGNATURE The owner hereby ar_knowlec-iges and acirces to this application and further authorizes reasonable: Entry onto thy• pri�perty by City staff, consultants, agents, commission members, and Cot members for purposes of investi7ation and verification of this request. owner's signature J ,t,4 J .:_. -'1(.t c {.-<� Date ---------------------------------------- ---------------------------------- Applicant must have all submittals into the City offices 2'; days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. M h k MG .11lq Ak- UP 1W 4 10 2 '16 elf) k-mom— Ll ILI ram^ ,I Aloe (746) 6A al y Iu LOT 27 P, RUN DATE 11/15/85 ob BATCH 005 38 04-117-23 33 0008 aw PROP ADDR 03059 FARVIEW LA OWNER NAME 0 E EVANS A M J EVANS TAXPAYER DENNIS E A MART' J EVANS AAME/ADDR 3059 FARVIEW LANE All ORONO MN 55323 r 38 04-117-23 34 0003 FLOP ADDR OI,7IER NAME FARVIEW PROPERTIES TA','PAYE9 FARVIEW PROPERTIES r NAt'•E/ADDR 18104 MINTIETONKA BLVD WAYZATA MN 55391 r 38 04-117-23 34 0009 PROP ADDR 02935 FARVIEW LA OWNER NAME SHIRLEY J BILLIGMEIER TAXPAYER, SHIRLEI 1ILLIGMEIER NAf:E/ADDR 2935 FA,.JIEW LANE LONG LAKE MN 55356 ON 38 04-117-23 43 0005 PROP ADDR 00760 OLD CRYSTAL BAY RD S Ik OWNER NAME CHARLES 0 KALLESTAD TAXPAYER EDWARD E STRICKLAND NAMEYADCR 780 OLD CRYSTAL BAY RD SO WAYZATA MN 55391 r 38 04-117-23 43 0008 s, PROP tl1 00820 OLD CRYSTAL DAY RD S OWNER G A B MUST TAXPAI GEORGE A MUST NAME/ 1165 5TH AVE r NEW YORK NY 10029 38 09-117-23 12 0003 PROP ADDR MIIER NAME L G CARP -ENTER ETAL TAXPAYER LEONARD 6 CARPENTER !LIME/ADDR 15500 WAYZATA BLVD APT 1020 WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 04-117-23 33 0009 03051 FARVIEW LA GERALD J HARISEN GERALD J HANSEN 3051 FARVIEW LANE LONG LAKE Ill 55356 38 04-117-23 34 0007 02905 FOX ST K F A E V DANIELS KENNETH F DANIELS 2905 FOX ST LONG LAKE MN 55356 38 04-117-23 34 0010 02927 FARVIEW LA J A S PRUDDEN JOHN D PRUDDEN 2927 FARVIEW LANE LONG LAKE MN 55356 38 04-117-23 43 C006 00780 OLD CRYSTAL BAY RD S CHARLES O KALLESTAD EDIIARD E STRICKLAND 780 OLD CRYSTAL BAY RD SO WAYZATA MN 55391 38 09-117-223 12 0001 6 A B MUST GEORGE A A BRIDGET HOST 1165 5TH AVE NEW YORK NY 10029 38 09-117-23 2I 0001 00825 OLD CRYSTAL BAY RD S CLARA C LYMAN CLARA C LYMAN 825 OLD CRYSTAL BAY RD WAYZATA MN 55391 REPORT NO. P1435401 PAGE 10 38 04-117-23 34 0002 02879 FARVIEW LA W A J HABERER WYMAN 0 A JANICE M HADERER 2879 FARVIEW LANE LONG LAKE MN 55356 38 04-117-23 34 0008 02943 FARVIEW LA M N NICOLL S M K, NICOLL MATTHEW N 41COLL 2943 FARVIEW LA LONG LAKE MN 55356 38 4-117-23 34 0014 03000 FARVIEW IA L A D MCGRATH LAPRY WC GRATH 3060 FARVIEW LN ORONO MN 55356 38 04-117-23 43 0007 00790 OLD CRYSTAL DAY RD S ARTHUR M BLAIR ETAL ARTHUR BLD.IR 710 OLD CRYSTAL BAY RD WAYZATA Jul 55391 38 09-117-23 12 0002 00840 OLD CRYSTAI BAY RD S A J ELLIS A J ELLIS 640 CRYSTAL BAY RD WAYZATA MN 55391 38 09-117-23 21 0004 LEONARD G CARPENTER LEONARD 6 CARPENTER 15500 WAYZATA BLVD APT 1020 WAYZATA I*i 55391 RUN DATE 11/15/85 BATCH 005 38 09-117-23 21 0005 r, PROP ADDR 00825 OLD CRYSTAL BAY RD S OWNER NAME CLARA C LYMAN TAXPAYER CLARA C LYMAN NAME/ADDR 8:5 OLD CRYSTAL BAY RD WAYZATA rN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY 0WNERS LIST 38 09-117-23 21 0006 00905 OLD CRYSTAL BAY RD S L 6 CARPENTER ET AL LEONARD 6 cArPENTER 15500 WAYZATA BLVD APT 1020 WAYZATA MN 55391 TOTAL BATCH #10Oc °SPORT NO. PI435401 PAGE 11 005 OOL20 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 OEPARTMEHT OF PROPERTY T TION. THE REST OF MY KNOWLEDGE ANJ BELIEF. / DATE -►- Y �/` Certiticate of Survey for the F.C. L17nan Estate 1.1 %ections 449-117-23 Hennepin County, MinnesotR 1 ZY 1 q tf- a Lo%Aso a K• _ ± 'a•"i � boo^ I Gr'.:.6 4C R •dp.,r# ,. �lir.apI� I Eoof lwa of5" j. -.+ou/rr /soap of Shi l• of Sm 9-..7.h Los! ,,,.t e � eF Se,� 1 44r. Qp S � h0r-,by certify that this 15 a true a-td z:crreCt renresentatic-, of a Survey �f an existing house and barn :n relatien to a S6uthPriv line of the following legal description. ComN i 6i uwERfi. mc. Date i i -20-85 rrk S.rerg 1:.13o T Scale: 1" r 10;), Gordon R. Coffin Llc.lk3. 6f164 Engineer. 6 Land Surveyors Lo-1g Lake, Min-lesota Lt6AL DESCRIPPON :Tat r••11 .9 Lot 15, z •"art"> , Sasalatalaa ra, !)0, tondo Ccn..ep .� Oewr+w•t Let 1, Le NNrthN sp lel laa:ll�•), 1.toa M-91 fast 3o,. I at an boost ].. ar adz roar.- it ton !a-. lir of .'a Gooaraaaat let 7• teaaae isoc the firth it. of am :4t 7 . ai<;arre •r tb! to to the We idy Y •.Sd lot 1; lhaot11hva La < at.r a.ca d ahoy '.M t•et JIM d .014 a )02.R3 fact to tta Wrc_;q.: .oryr d astd Lws] tateaee car•••..:eM torte a1-- W vortb and t®ate c. lion d Aptly a, Sate 11% !Seat 23. . diatom. d 216.7 toot too a•,nr •tersoceten .1ta tea Ya prt+atiaa d t. 6oath Ile. d La )a sr. •taw ratteyd t„altar•o oeya9t/ So►:iKdo 4. 2)0 Ramona Coant7. ai n+r•::•; too.- fast •P N_=yr'r haaadan ism or tatd Lot )a ar nt•ast. w-of to Oka 110041y►. Mgt na^'or of said id lot : dowleacyrl- also;! 'A. •wc.n•lr at so it•a of .aY Let 34 to a poufs 1071.0 fast 3.attarl/. aHaety sb V et ♦ton at taLE Lot )r tar dr eatpslrt lure•! rro the ref-.r #soap Lot Ja, ehaawe Woter:P v!�•rtI Al aasr•aaw a�anaao to ah riot rry last Nacrthed coaria, i''y'.foot: tIr"Me IS 4400.lot Veto rl7. N!1<: tt c(t aaarNo Y� ataat.a to ta. rltbt fro 1. vasr +o, <ee-a- a dl.tabaa of 12/. S lost; thane. 5�"eGe-.t•t 1, oo e • to of to W is wttk a radly W." toot, a auto. or I..). font N ton poles of eeeepoad carve ta4r• sorahwaeaw! 1Kt tin . radtw d 212.si rant, a Uataaw ar✓X 52t(.�ot�elaf :<.+• N the sas!+t.tarlr la a otratsht Ilr, taa W% to ON" loot door:: tWhof.e• IM . - d 2.a9 Coat to the 3eatlrrly Ito of ofaaaea" Section a; salads. Mort ■:o 4 the SO.Lh 11as d sold '. ttlo, WS. 29 font. as2a ions ataorit.a II'•:e: e•iwt t . Bvetowt a•ra.r Gwaa�awt Lot 1 ]- -1a lorded 6; t••a<. Sootr•..otpr:p Nfiactt as 75 1%- 11 xLe".. to th. Wt traa -add :apt se.erawd C01CN, a dtsea.ca or l0.) toot, those- sw•alfaoserls d.'^ert:et lS �ate.terHo 21 .daft.. tc the left from sold lot N«r2a4 ooarae. • d:ttaras at IT. feat: thwnr. 5-A'm`otpr1p aet'l.wtlad 21 to :`t rlpu ."rod said loot d•eerit.d teamy a /tataha. etdO ,ICNO :0 dammed or :•so to t-p a:oro of lacw.l:,a 6.7, :ahw .aaaebaaha, War. •'+'soy alb-- :b ahorw at SSW oc lo to itt lr►eraaceto pith a ltr Yt•ri7 sectr:arl7 parallel with too Loat 11" of shaoa aa4tord Gwearaarac sal! Soottoo 9. fr.. a Pettit boo" south N 32 ass `a Volt io1 d]atant 166.o toot .ton th. Pnlat of boo K dads!■! aD NOefs eow-et his MrvIv* e-r rot-rrad to awl design�Y tb d.trribe! sren para11e1 vlch the LK it" d oata r =yi tYeuce b•.r_.t teach 12 do r'••eraaw.4 Las 7 to r!lqq point fray -•!i •^.t e!' etwe i uo.us aid Npoaf. loot add tiotaat 76h.M :• -psi+llr,s; t:.•Me North .2 % a avass •0 Nr., ia.: 16.. foot to CN P-lat d b.sirtas saw ira Nmwited osvr w: . hatrikrtar N.Ssytas am referrot to o •Los T.- astltirts fraa sacs. dcwr]bei pro.!tad, tl.. tollorl•es d-pertbod trot, !Hasa b oo ea 1. raterrea tc ae tM •e.npded tract•) %r 11 hosl,miaf at wa saga point of N dhow Nwerle••a; the•to S-Lb 82 dogrooa 13 ala,aea felt, at; Howie Soffit` 35 aKroo. c5 ""too boat, 191.4 tot; theac. :as:t- l3 dpsra•a r 57 ataw_.a Wet 16" 65 toot; them- !path 5 doervoo 73 raaa:..:oat. 2t5 fast, at or 1.e0 t• the -hart of 11t.wi1's hw, L•• N:aart%a A. tb.dra SMuthooat4r:7 •loaf the a. of sold 11". to .n ..-M.-setldr. with Sold Ray I• i..rptdaawYw d- Abod; tya. forth alo..a sal] 'L'y I• t. Its I.tor.ertioo with *am "M f• N Moe:aaw.- d•ac bid; it.-. forte l2 da teo•e Sa kiaatee a:iA_d. Gat aloes aaia 'Llv I 7x.76 foot it the silos orbooty W ALSO, -l-% :.sot of 'tw--T :sot 7 in S.ct:.a t. Ta.taatp 117 -rtb, bony. 23 W.wt of tag ate prsaeipal Widiaf+, e•.er:b.d as f.:lw.: lssiaa]as wr •point wins aa:•.l-after d.slawat•d SOPoi.t •A' 322.41 foot Loath .f tbo aaa•eh :too;.. tad •a7 fowl fast rf M. Gat 11y of sold Goe-rre.t ;sot 7; three sow" <±•_ 11• t•nt, Na.' -; abode Sasth W-fit` f..r. 2S..• evt; tbeaaa Lath li•- 77• West( 267 .o tb...*-I ww in d waL" of th. apaet of 1-r4 Do e- ri, Batt. :t•__'j fa.t. .67.91 feet; eboanalkw-M a1•-a5• �+wt• -t•-• a Perth err-13• G.t, 111.t t«r, t..eeoe so.tr. ]1•.d.• .tat, 20 tho.00 Stull" !I'- S•-)T- spat. 16:..3 ro-t; tha- 'r:th a•.1±•. �ito.1• foots VW du- Soatb to W ob-, of rl.-:1 to Lk. '• r. A.r WN,,.N .otariv "Is i! .%lo to M intoiYo.t.- ":u • i1rN1L to 1•_21• voo,. for t,.• a.t..aAV* at ofyft n d., t l,•-pa 4•rta . t to lh. aebl: palls at aeaiYLnc. 7R tM ;ur;owe fr•sains d.acription: te] :Toe =oat li.w bt tm •fors.. O tc.•lp , Lot 7 1h o.id S.cti.a t. T c'.ip "7 !!cosh• pars. I] blast of th. !V. •ri..cipa. Nariai•.. L. aato..� La b. ter" a:,d Sd..ti� ller, ""• t•1 Tpo rc lot d..lpratad r point -A• !a the aafe �t ira to}pa� 89 2Ni-•c't at H,• daeeription ..• ter. preperep oosoorA_ 4oear•�S.' tpr tee Gp>aletr t. C�epontaw h.:a.as one zt•, y &v.. irtotter 7a, etf. bpt+-oa Oka Ifs t.op Y•i2a• r'bl Seaw tM Gat W;.- 0.4 7Ntrset of ft rl.. :.t•, d•y.U-C, HS •p !11•a -rr roccrd ih th. ofttce at rM kqubr M 1peeA. w>selc `.. ca a.vood.<r I.C. Liao, Le a- :..S o! D-efty MINUTES OF THE PLANNING COMMISSION MEETING 1frLD DECEMBF.R 16, 1985. PAGE 14 #1002 S. F.C. LYMAN TH OLD CRYSTAL BAY ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 11:03-11:10 PM Assist t Zoninq Administrator Gaffron noted the affidavit of public, -ion and certificate of mailing. Fred C. Royle, builder, was present to represent the appli- cant. No one was present from the public for the hearing. It was Goetten moved, seconded by Sime, to recommend approval of a conditional use permit for Mrs. F.C. Lyman to construct a guest house finding the proposal meets all the requirements of Section 10.20, Subdivision 3 (G) and subject to the standard requirement that the structure may not be rented out. Motion, Ayes 6, Nays 0. RESOLUTION OF 1986 CALANDER It was moved by Chairman Callanan, seconded by Goetten, to schedule the February Planning Commission meeting for February 18th, 1986. APPROVAL OF MINUTES It was moved by Chairman Callahan, seconded by Goetten, to approve the minutes of November 18, 1985 Planning Commission meeting as submitted. Motion, Ayes 6, Nays 0. COUNCIL MEETING REPRESENTATIVE Goetten volunteered to attend the January 13th, 1986 Council meeting to represent the Planning Commission. City of OR,ONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODS SECTION 10.20, SUBDIVISION 3 (G) FILE #1002 WHEREAS, Mrs. F. C. Lyman (hereinafter "the applicant") is the owner of the property located at 825 South Old Crystal Bay Road located within the City of Orono (hereinafter "City") and legally described as follows: (Per Exhibit "A" attached); also known as P.I.D. #09-117-23 21 0001; (hereinafter "property"); and WHEREAS, the applicant has applied to the City for a Conditional Use Permit to permit the construction of additions to the existing guent house structure per Municipal :,oning 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 #1002. 2. The property is 1_c—ited in the LR-lA Single Family Lakeshore Residential Zoning Distrirt. 3. The property consists of approximately 20 acres of dry buildable land, containing a main residence plus the quest house in question. The guest house has not previously been granted a formal ronditi.onal use permit. 4. The existing guest. house with the proposed additions meets all the requirements for a guest house use per Municipal Zoning Code Section 1.0.20, Subdivi..ion 3 (G), and meets all lot area and setback requirements. 5. On December 16, 1985, the Oreno Planning Commission reviewed the application as proposed and recommended approval subject_ to the the condition that the guest house may never be used as a rental unit. 6. 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 effect of the proposed use on the health, safety and welfare of the community. Page 1 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 7. The City Counci 1 f inds that granting a Conditional Use Permit to allow the guest house use and proposed additions will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.20, Subdivision 3 (G) to permit the guest house use of and additions to the existing guest house structure located at 825 South Old Crystal Bay Road, subject to the following conditions: 1. The guest house shall never be rented out and may not be considered as a rental unit. 2. Violation of or non-cu.-pliance with any of the terms and condi- tions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned appli;:ant 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 1.3th day of January, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor (1) Property Owner Page 2 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of f 1986 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 (thFy) 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 _, 1986, before me a Notary Public within and for said County, personally appeared known to me to be the persons) 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 3 of 3 That part of Lot 35, in Auditor's LEGAL DESG . T ION Subdivision No. 230, Hennepin County 14innasota, and of Goverruoont Lot 7. In Section 9, Township 117, Nnnro 23, described as follows: Beginning, at a joint 302.91 feet South of the Korth lino and 462 feet West of the East line of said Government Lot 7; thence East parallel with the North line of said Lot 7 a distance of 462 feet to the East line of said Lot 7; thence North along the East lino of said Government Lot 7 a distance of 302.81 feet to the Northeast corner of said Lot; thence cort!nuing North along the North and South center line of Section 4, Township 117, Range 23, a distance of 216.7 feet to an intersection with the Easterly extension of the South line of Lot 34 in above mentioned Auditor's Sub:ivision Ire. 230 Hennepin County Kinnsaota; thence Westerly alocg the Southerly boundary fine of said Lot 34 and extension thereof to the South- west corner of said lot ; thence Southerl. along the extension of the 47ost line of said Lot 34 to a point 1071.18 feet Southerly, eeasured along the West line of said Lot 34 and the extension thereof from the Northireat corner of said Lot 34, thence Westerly defloctiag �1 derrees 06 minutes to the 03terlyi defle^_ght tin 2 ast degggreese30cmiautealto.thefeet; righttfr melastttdescribed course a distance of 124.65 feet; thence Southwesterly on a tangential crave to the left with a radius 389.66 feet; a distance of 193.75 feet to the point of compound curve; thence Sc++thwesterlyLon a tangential curve to the left with a radius of 212.81 feet, a distance or✓ 0.52 feet; thence Southwesterly in a straight line, tangent to said last described curve, a distance of 2.e9 feet to the Southerly line of aforesaid Section 4• thence .test along the r: line of said Section, 285.29 feet, said last described point being the .iutheast corner of Government Lot 1 in said Section 4• t�.ence Southwesterly deflecting 35 degrees 17 minutes to the left from said last described tour::, a distance of 110.3 feet; thence Southwesterly deflecting 45 de rues 24 minutes to the left from said last described course, a distance of 115 feet; thence Southwesterly deflcting 21 degrees 40 minutes to • 4 right from said last described course, a distance of 174 'set, pore of ,_ to the shore of Maxwell'; Bay, Lake Minnetonka, thence Southeasterly alo . the shore of said lake to its intersection with a line running Southerly parallel with the East lire of above mentioned Government Lot 7 in sai: Section 9, from a point bearing South 12 degreoa 54 minutes 40 seconds West ani distant n66.76 feet from the point of beginning, said last described course being hereinafter referred to and designated as "Line X"; thence Vcrth parallel with the East line of raid Goverment Lot 7 to said point tearin; South l,' degrees 54 minutes 40 seconds tied and distant 766.76 feet frzm said point of beginning; thence Ncrth 12 decrees 54 minutes r seconds cast '766.76 feet to the point of beginning said last described c rse being hereinafter designated and reforrod to as "Line Y"; excepting f ..m above desc '' 1 premises, the following described tract, (Hereinafter sometime referr, to as the "excepted tract") to -wit: Beginning at the an— point of begginning as above described; thence South 82 degrees 13 minutes West, i50.2 feet; thence South 35 degrees C5 mir::tas West, 194.4 feet; thence South 13 degrees 57 minutes West 167.65 feet; thence South 5 derreea 23 onuses ;;est, 265 feet, more or Tess to th:: shore of Maxwell's Bay, Lake Xinneton%a, thence Southeasterly along the shore of said lake to an Intersection with sail "Line X" hereinatov- described; thence North along said "Line X" to its intersection with sai "Line Y" as hereinabovo ascribed; thence North 12 degrees 54 tint: es 40,second3 East along said "Line Y". 756.76 fact to the point of beri.niagr ALSO That part of Geverrutent Lot 7 in Section 9, Township 117 North, Range 23 West of the Sth Principal Meridian, describe_' as follouar .Beginning at a point being hereinafter designated as point "t." 302.01 feet South of the North line znd 4C2 feet West of the East line cf said Government Lot 7; thence South 62e- 13' West, 290.2 feet; thence South 350-05' West. 194.4 feet; thence South 130- S7' West; 1C7.65 feet to the actual point of beginning of the tract of land. tc to cescribed; thence North 130-57' East, 167.65 feet; thence''North'35e-05' _.�.t. 194,4 feet; thence North LV-13' Eait. 193.2 feet; thence'South 310-07' -' West. 261.39 feet; thence South 130-25'-37" West, 161.65 feet; thence ;c::h 90-32'-3C" west, 266.14 feet; thence due South to the shore cf Maxwell Ley, Lake Vinne:onka; thence Westerly along' said shoreline to an intersection v:th a line Lear_:ng South 5°-23' West* f mma the actual,ipoint of',rarinning; thence North 50-23' Last to the actual point of beginning. For the Fur,^rose of the foregoing description. U ) The Sast line of the aforesaid Covernment Lot 7 in said Section 9, Township j17 !tort.,. Ranee ?3 West of the 'th Principal Meridian, is ascuru:J to be a due Ncrth and South line11 (-) The rcint designated es point "A" is the came ycjnt lwt.;the rpin� of PeRirnin of the description of the property convoyekt to, d Loonar!icG. ��erptntcr crd Geraldine K. Carpenter. husband end �,ife by Trur.ta,,O Dee'datgd' Sc^.tester 76. 1936. between Charles Moon Velle, et,'a} isstTr�atei unOcr t`�r Lint 11411 and Testament of Charion 1). Velie. dcceo�etl, and vaidlCAIIh!>ntcr4:, filed !cr record in the office �:f tt.c F.egi:trr of lcedtz of flcnn pit CoitIty, }'.ir.netcta, on November 10. 193[, in Coo}. 144� I leed9, pare :J3. tc' E �P L Lt-r (c'Iv - A -;5 /so�w�ieoa, Ko�.e, TY�uf � �r _14tiud, Jicc._ .2335 V. 7.. ,A 36 sf. n. d AM 55113 PA.... 61.2 - 600 December 30, 1985 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Mr. John Gerhardson Re: Willow Drive Overlay - MSAP 152-101-07 Old Crystal Bay Rd. Overlay - MSAP 152-102-08 Our File No. 13922 Dear John: nr ., r, Noenrax P f N„hrn N Rr,.rnr, P f. 1~01 ( 4ndrrhi, Pf. 74w(/.xd 4. 1 r hWg. P f NH burr! f I rn.n. P. E lr.ar.( IN�.,n, Pf. Olrnn N f —A, P f Anrh 4 (iwdnn, P1 roh-03 f lv.w. P.L Onhd,d N. fuun. Pf Rahrrr U S."Arne Ar, P E Heron L..5—via, P f. OUPW4 ( Rrrprdr. P f AVI), 4 &orlon, P f Afwf 4 11.44M. P I Afx'her( I RIYI.Wnn. P E RvMrr R Pfrffrrk. P.L. Ib.rd O. Ladwr., P.E. (Aw1r+4. E,"W. I r.. AI Paw6hr flwfrn M. (man You will find enclosed Change Order No. 1 which al'ows for an extension of time for the project noted above. State approval of plans was not received until 6 weeks after the contractor was to begin, and with the early winter the contractor was not able to complete the project. We thought it in the best interest of the project to delay placement of the Old Crystal Bay Overlay until spring and recommend that Change Order No. 1 be approved . Yours very truly, BONESTROO, ROSENE, ANDERLIK 6 ASSOCIATES, INC. Glenn R. Cook GRC:mb Enc1. 2642d CHANGE ORDER DATE: December 27, 1985 PLACE: Orono, Minnesota PROJECT: Willow Drive, Old Crystal Bay Road Overlay PILE NO.: 13922 PROJECT NO: 13922 CONTRACTOR: Wm. Mueller Sons, Inc.., 831 Park Ave., Hamburg, Mn. 55339 CHANGE ORDER NO: 1 DESCRIPTION OF WORk: Extension of time for project completion from October 5, 1985 to June 15, 1986. Est'd Change Order Item Unit Price Quantity Time Rstension Time W CUME IN DOLLAR AMT. Extension in time unly-Total Change Order No. 1 ..... Original Contract Amount $232,826.74 Previous Change Orders 0.00 MAN GE ANGE ORDER NO. 1 Extension in Time Only 0.00 REVISED CONTRACT AMOUNT........ $2: .74 Total _ Amount $0.00 $0.00 Approved by: Wm. Mueller 6 Sons, Inc. By Recommended for Approval by: BONESTR00, ROSENE, ANDERLIK r ASSOCIATES, !'-" Approved by: ('it- of Orono, Minnesota dy _ . __. � Mayor B1._ Clerk Date: Distribution: 1 - City 2 - Contractor 1 - Engineer 264 3d A /3o�rtl�Mo, KoSIIts, �^I hr�>�iii �'i ��.�.acric.�ed, JKc. N Rnvwf. /'t. nw�wnsa^'� .r Y�ir�s i 1 1., 14 ( -4 n k'hh. P t 2339 V. 9..—L .rY.�..y 36 - N.n,n,,.d 1 1,.". P 1. P 1 M—.....& 56ff3 1u'yr, ( 01... �. P. PA.... 6f2 - 636-4600 January 2, 1986 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Mr. John Gerhardson Ire: Willow Drive & Old Crystal Bay Road Our File No. 13922 Dear John: 1 JAN-6W f: '1 Y OF Okdrl J (.bnn R (m{, P t Arlrh 4 Gn,don. P 1 l hr. W1 t No fff. P t R,rh.rd N tu((n. P t. Rohr,f G .IMrww h(. ➢ t 'Nan iw L So,r.A/. Pt Lhlw.h! ( Bar(Ndl. P 1 lfr,r A Nwdun, P L .Nara 4 I awum. P t !fd A Iw1d. P !. .W h.f11 Rwewvwn. P.L Ruhr,( R plef1w., P f rh",d 0 l.unhura, P 1 ( AaNfn A. ErkkAM 1 M tf ➢.whh r )r.!(aw N. MO. We reco®nend payment of Request for Payment No. 3 to Wm. Mueller 5 Sons, Inc. in amount of $2,722.85 for she project noted above. Yours vc y truly, BONESTROO, ROSENE, ANGERLIK d ASSOCIATES, INC. 0�01 e-414e� Mi hae 1 C . Lynch MCL:mb EncI. 21tJId REQUEST FOR PAYMbNT DATE: January-,_1.986 _ Fot. P: PLACE: Orono, Minnesota _ From: Nov. 30,.985 To Dec. 30, 1985 P OJE,,T:Willov Drive Overlay -Old '.�jstal Bay Rd. Overlay SPECIFIED CONTRACT PROJF 3.:MSAP 152-101-07,152-'f'2-08 FILE NO.: 13922 COMPLETION DATE: CONW.,m_tOR: Wm. Mueller b Sons Inc. October 5, 1985 ADDRESS: Park Ave. Hamburg, Mn. 55339 REQUEST FOR PAYMENT NO.: 3 SUMMARY: 1. Oiiginal Contract Amount 2. Change Ordet - ADDITION 3. Change Order - DEDUCTION 4. Revised Contract A.miunt 5. Value Completed Lo Date F. Material on Hand 7. Amount Earwd S. Less Retainage _ _ 5 9. sr )- * itaI 10. Less .Amount Paid Previ 11. AMOUNT DUE TI;I3 FEQUF.ST FOR PA' t,. XTR APP.KJVAL : AY IN;- r A e 3 $ 232,826.74 232,826.74 99.111.44 $ 0.00 $ 99,111.44 $ 4,955.57 �- $ 94,155.87 i 91,433.02 $ 2.722.05 ,,ec oimnendel for Approval by: BONESTROO, ROSENE, ANDERLIK 6 ASSOCIATES, INC. Approved Ry. Ws N!u Z Sony r &tractor By., 026 3d Project: Willow Dr. Overlay, Old Crystal Ba_; Rd. Overlay Orono, Mn. MSAP 152-101-07, 152-102-08 C_nteactor: Wm. Mu ller 6 Sons, Inc. STATEMENT OF WORK Item No. Contract Item Unit PART I - WILLOW DRIVE OVERLAY - MSAP 152-1C1-07 2104.505 Remove bituminous pavement S.Y. 2104.521 Salvage pipe culvert L.F. 2212.501 Aggregate base, Cl. 5 (100% crushed) T. 2212.501 Aggregate base, 111. 5 (100% cru►.hed) drivevays T. 2231 .01 Bituminous paLchi►:g mixture T. 22.31.507 Joint and crack filler Lbs. 0231.601 Roadglass reinforcement (D%;viyn SP-1) S.F. 2331.504 ,itum. mat'l for mixture T. 2331.504 Lavelir.;, course mi::ture T. 2341.504 Bitum. mat'1 for mixture T. 2341.508 We47iag cours mixture T. 2357.502 Bitun. mat' 1 for tack coat Gat.; . 2501.511 12" CMP pipe culvet:: (�1 auge) L.F. 2501.511 lc P pipe culvert (: ;auge) L.F. 7501.511 15" CMP pipe culvert (7 gauge) L.F. 2503.571 Install pipe culvert (Design SP-2) L.E. Unit Price Paymeui No: j File No: 13922 Date: Jan. 1, 1986 Est'd Quantity Amount uantity To Date To Date $4.00 60 85 $340.00 2.nO 240 341.5 683.00 9.10 150 150 1,365.00 9.10 150 115.82 1,053.96 5 sn 94 5,170.00 800 720.00 1.70 2,500 2,846 4,838.20 200.00 8 5.9 1,180.00 10.30 250 118 1,215.40 200.00 153 161.18 32,236.00 10.30 2,550 2,686.25 27,668.38 0.90 1,5CO 1,450 1,305.00 24.00 60 26.00 t.) 64 1,664.L, 26.0" 60 18.00 241 341.5 6,147.00 Pa„e 1 0263d Projec-• Willow Dr. Overlay, Old Crystal Bay Rd. Overlay Orono, Mn. MSAP 152-101-07, 152-102-08 Contractor: Wm. Mueller & Sons, Inc. STATEMENT OF WORK Unit Item No. Cont, t Item Unit Price PART I - WILLOW DRIVE OVERLAY - MSAP 152-191-07 - CONT'D 2554.501 Traffic barrier Des. A-8307 L.F. $18.00 2575.505 Sod with 3" topsoil S.Y. 2.80 0564.603 4" wide broken line, ye " ow paint L.F. 0.051 0564.603 4" wide sali� line, white p :.n't L.F. 0.051 0564.603 4" wide solid line, yellow paint L.F. 0.0 1 TOTAL PART 'i..... t....T II - OLD CRYSTAL BA" ROAD OVERLAY - MSAP 152-10'-08 2101.502 Clearing Ea. $35.00 2101.507 Grubbing Ea. 35.00 2104.505 Remove bituminous pavement S.Y. 4.00 2104.521 Salvage pipe culvert L.F. 2.00 2105.501 Ditch a ration C.Y. 3.50 2105.525 Topsoil borrow C.Y. 14.00 2112.501 Subgrade preparation S.Y. 1.70 72.501 Aggregate base, Cl. 5 (100% crushed) :. 9.10 2212.501 Aggregate ba 5 (100% crushe driveway T. 9.10 2221.501 Aggregate shouldering Cl. 5 (100% crushed) T. 9.10 2231.501 Bitum. patching mixture T. 55.00 Payment No: 3 File No: 13922 Date: Jan. 1, 1986 Est'd Quantity Amount Quantity To Date To Date 110 500 6,630 13,260 .,000 $85,585.94 40 30 $1,050.00 40 30 1,050.00 50 47 188.00 180 276.00 1,`00 925 3,237.50 600 450 150 150 1,365.00 50 2,350 150 48 2,640.00 Page 2. 0263d Project: Willow Dr. Overlay, Old Crystal Bay Rd. Overlay 0 io, Mn. MSAP 152-101-07, 152-102-08 Contractor. Wm. Mueller b Sons, Inc. STATEMENT OF WORK Payment No: 3 File No: 13922 Date: Jan. 1, 1986 Unit Est'd Quantity Amount Item No. Contract Item Unit Price Quantity To Date To Date PART II - OLD CRYSTAL BAY ROAD OVERLAY - MSAP '".-102-08 - O'ONT'D 2231.507 Joint & crack filler Lbs. $0.90 1,3r0 0231.601 Roadglass reinforcement (Design SP-1) S.F. 1.70 3,700 2331.504 Bitum. mat'l for mixture 1. 200.00 13 2331.504 Leveling course mixture T. 10.30 250 2341.504 Bitum. mat'l for mixture 'r. 200.00 155 2341.508 Binder course mixture T. 10.10 80 2341.508 Wearing course mixture T. 10.30 2,500 2357.502 Bitum. mat'l for tack coat Vials. 0.90 1,500 2501.511 12" CMP pipe culvert (14 gauge) L.F. 24.00 60 15 $360.00 2501.511 15" CMP pipe culvert (14 gauge) F. 26.00 60 2501.511 18" CMP pipe culvert (14 gauge) L.F. 28.00 60 20 560.00 2501.'" 24" CMP pipe culvert k 14 gauge) L.F. 30.00 60 2503.571 Install pipe culvert (Design SP-2) L.F. 18.00 180 138 2,484.00 2511.501 Rand�im rip rap, C1. II C.Y. 45.00 6 7 315.00 2511.515 Geotextile filter S.Y. 2.50 10 2535.501 Bituminous curb L.F. 2.00 400 2554.501 Traffic barrier Des. A-8307 L.F. 18.00 110 Vi75.531 Tw O side deeding Ac. 250.00 3.5 Pago i 0263d Project: Willow Dr. Overlay, Old Crystal Bay Rd. Overlay payment No: 3 Orono, Mn. MSAP 152-101-07, 152-102-08 File No: 13922 Contractor: Wm. Mueller S Sons, Inc. Dare: .Jan. 1, 1986 STATEMENT OF WORK Unit Est'd Quantity Amount Item No. Contract Item Onit Price Quantity To Date To Date PART II - OLD CRYSTAL BAY ROAD OVERLAY - MSAP 152-102-OR - CONT'D 2575.502 Seed, Mixture 5 I.bs. $3.00 210 2575.511 Mulch material, Type I T. 150.00 7 2575.519 Disc anchoring Ac. 150.00 3.5 2575.505 Sod with 3" topsoil S.Y. 2.80 500 0564.603 4" wide broken line, yellow paint L.F. 0.0 i 9,950 0564.603 4" wide solid line, white paint L.F. 0.051 19,900 0564.603 4" wide solid line, yellow paint L.F. 0.051 10,000 TOTAL PART II..... TOTAL PART I - WILLOW DRIVE OVERLAY TOTAL PART Il - OLD CRYSTAL BAY RD.CVERLAY TOTAI. WORK COMPLETED TO DATE....... $13,525.50 $85,585.94 13,525.50 $99,111.44 Page 4. 0263d TO: Mayor and City Council FROM: Mark Bernhardson, City Administrat" $1 DATE: January 8, 1986 SUBJECT: 1986 Appointments As a follow up to uur December 91,h and 23rd meetings the beginning of the year appointments are attached for your ratification. The only appointment that subsequently needs to be mad- would appointment of the one position on the Planning Commission. We have explored the interest of some of the names that we had presented with you and will be bringing these forward for a short interview or interest statement at the ,Tanuary 27th meeting. PROPOSED MOTION - Moved by , seconded by , that the Council a-iopt Resolution # — establishing appointments for 1986. Ayes Nays City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION DESIGNATING APPOINTMENTS FOR THE YEAR 1986 BE IT RESOLVED by the City Council of the City of Orono, Minnesota, that the appointments and designations for :he year 1986 are as follows: APPOINTMENT/DESIGMATIOM Acting Mayor Planning Commission Council.member Park Commission Chairman Planning Commission Chairman Planning Commission Vice -Chairman Human Rights Chairman Representative to Lake Minnetonka Corsei:yation District Representative to Association of Metropa'itan Municipalities Lead Attorney City Attorney Firm Lead Engineer City Engineering Firm Health Officer Auditor Fiscal Agents Official Newspaper Official Depositories 1986 Tim Adams Alternate Barba a Peterson Charles Kelly Paul Taylor Sandy Welsh JoEllen Hurr Mary Butler Kathleen Blatz Popham, Haik, Schnobrich, Kaufman and Doty Glenn Cook Bonestroo, Rosene, Anderlik and Associates .Mound Medical Clinic Pannell, Kerr, Forster Ehlers & Associates The Laker and Pioneer First National Banks of: The Lake (Navarre) Wayzata Minnetonka Minneapolis St. Paul Wayzata Bank & Trust Company Merrill, Lynch, Pierce, Fenner and Smith, Inc. F & [!/Marquette National Bank American National Bank & Trust Company of St. Paul Midland National Hank of Minneapolis National City Bank of Minneapolis Norwest Sank Minneapolis Twin City Federal Savings & Loan City of ORONO RESOLUTION OF THE CITY COUNCIL NO. APPOINTMENT/DESIGNATION Official Depositories Continued Weed Inspector Assistant Weed Inspector Transportation Committee Civil Defense Director H-nnepin Emergency Communication Organi;:ation West Henneoin Human Services Plannina Southwest unitary 5ewec I tr.:t Suburban Health Nursing S, Ice MWCC - Area C - Sewer Serv'_ce Advisory Board MCWD - Painter's Creek & Katrine/ Advisory Committee TV Committee (2 plus Alternate) Mayor's Association Suburban Rate Authority West Tonka Senior C tizens Alternate Attorney 1986 Offerman & Company, Inc. Bank cf America, San Francisco, California Piper, Jaffray & Hopwood, Wayzata Dain Bosworth, Inc., Minneapolis Mary Butler John R. Gerhardson Tim Adams Melvin Kilbo Meli,in Kilbo Sue Morrison LaDean McWilliams Marc McCabe (Alternate) Mary Butler Mary Butler Mary Butler Tim Adams Mary Butler (Al rnate' Tom Frahm 'ri m Adams Mary Butler (Alternate) Mary Butler Mary Butler John R. Gerhardson (Alternate) Tom Frahm Gary Phelger Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held January 13, 1986. Mary C. Butler, 'Mayor ATTEST: Dorothy M. Ilafl`i �,' City Crerk 1886.3 f TO: Mayor and City Council FROM: Mark Bernhardso. '_:ty Administratof lwl- DATE: January 8, 1986 SUBJECT: Ordinance Amendments Attached please find information on the following ordinances: SUMMARY 1986 FEE SCHEDULE - In order to save the expense of puhIishing the entire ees for 1986, attached is a summary that must be approved by the Council for publ icatior. of the changes for 1986. �aOPOSED MOTION - Moved by , seconded by that the C� lnci 1 adopt for publication purposes the attached 1986 Summary Fee Schedule Ordinance. Ales ,. Nays PARADE AND SPECIAL EVEN):,, :RDINANCE - This was discussed at the November 23rd meetinq and tabled unti i this meeting. It is recommended that we table this to the January 27th meeting to allow for more appropriate time for discussion. PORPOSED MOTION - Moved by , seconded by , this issue be tabled until the January 27, 19_86 meeting. Ayes Nays ORDINANCE NUKBSR 17, SECOND SERIES AN ORDINANCE ESTABLISHING 1986 FEE SCHEDULE The following is the the official summary of the Ordinance Number 17, Second Series, approved by the ,ity Council of the City of Orono on December 23, 1985: The City of Orono 1986 Fee Schedule has been amended and updated. A printed copy of the ordinance is available for inspection by any person at the Offic^ of the City Clerk. Adopted by the council this 13th day of Jauuary, 1986. Mary C. Butler, Mayor ATTEST: Dorothy M. Hallin City lerk��� Publish -id in the Laker and Pi newspaper the week of January ,.(3, 1996. '986.5 ,r i!A"-� TO: Mayer and City Council IQ FROM: Mark I3arnnardson, City Administrator nATS: January 9, 1996 SUBJECT: Comprehensive Storm Water Management Plan I NTR%j uIJCT I 0-I As has bee.i mentioned in rec(-•,t weeks it seems appropriate that in ord z -)• the City to 1 ik its overall. comprehensive manage, of p13n goals with things such as zoning ordinance together with providing the framework to make important land use decisi is such aL�; conditional use permits, variances etc. that it should embark on development of its mandated comprehensive storm water management plan in the near term. The ~,ue is raised for your discussion at this point in ordei: to gain your comm(�nts and any directi-)n that you would desire to undertake. If you desire to engage in this, the following would he undertake . 1. Staff would develop the equivalent of a request for pt -)posa 1 in order to out 1 i r,� what the City would like to obtain from development of such a pl -n. (It is anticipated that the actual Management tlan would requi-- development by an outside source eit;;er Bonestroo or some other firm who has done work in this area. This RFP not only to guide the study but also to obtain a quotation as to price of work.; 2. Once pr i,:e of such a is known we could then make a judgeme;it whether i- ,uld undertake it in 1986 or. not. At: pri-sent thec arr, no funds budgeted f(>r this and they would be requireu to be taken either out ')f conti,.gency or budgetary rt�serve. 3. Upon approval. to 90 ahead with such a st.dy -taff would no(-jtiate a contract and a time table wit 'lr� appropri.a vendor in order to ensure appropriate. ^omp I'- t i or, RECOMM!'NflATI0 N It is recommr�nde(.'A that th( --:)un.,i 1 d4.rect r' )f f to undertake during -he next_ I months devAl.opir~nt of the appropriate document. in order to solicit quotations for C velopment c: a comprehensive storm way er m,-.nag^,nc:, : pljn. PROPOS":,D MOTION - Moveu by , ser ;nded by , t.hat Cour-c: i 1 iiref-t staff to 0-�vel.op r,:-,): St fur pcoposaZ and ot,-, in a quotation or Iu-It �,,)na az rlEe:lied appr oprijt for contracting of. -,uch wr)rk. Ayes —' Nsyg _ TO: Mayor and City Council FROM: Mark BernhardF City Administrator` _ ,,ATE: January 9, 19 SUBJECT: Marie. Licensing and Land Use As you will re our october 21, 1985, meetinq the is- of doing away wi.',.h ing was explored for ccmmercial marin, a4 we were not achi satisfactory results with the process. In a cursory review o� _hp issu;: athleen Elatz has indicated that while dealing with the marina_> strictly through land use may grant them some property rights they nor -ally would not have under 1iconsing that hecause of the diffi(. 1ty in dealing with the licensing process that on valance it is probably worth the attempt. in order to implement this change it woul,3 necessitate a zon..ny rirlinan:e amendment of the 8-2 district in order tt, classi` -nost rs )ciated with marinas as conditional uses in order Ive the cond; 'on3l use control and then once th': is in place . ,2al the portions of the marina licens:ng yet lea4t thi, joint use dock icersing in place. It is anticipated teat abse.nt objections an:] concarn : the part of the Councilmembers that this will be presentee as a zonin-t .mendment at the ^ebruary Planning Commission mer:ing any ought back either the last meeting in February or the first meotirg in Marc::: to the Council for its consideration, if the Planning commission has acted on it by that time. Shoul l t-his not achieve the hoped for c iul.ts -after a 2 year per io t is recomme-' d that the City then look ,it a license q pr(.. Sur. again to s<e ii that s'io..ld be reinstituted in a soannpr ' er..` than is current.11 none. REC . M IF"iDATIO'l Staff recommendation is that Council 61rec, an amemm nt to the zoninq ordinan^e he nlac r, front of the Planni , ',.)m,nission for their consideration at February meeting. "RUPoS!'O MOTION - 'love(i t)y s?cninied by , that Cu;:nci 1 -11rPct staff to prepare the approp.iate zoning fiance to regulate marinas under a cc,,iditlonal :s-� perms,, i•i that ordinance ,e place:i on ' `•,e T'ebrL -y 19th ^l.inning k.o,omission agenda for their c nsi (19r at ion. f`�.' i-s W_, Ndys -� 1986.3 `.'O: Mayor and City Council �N PROM: Mark Rer nhard son, City Admin+.strat V - DATE: January 9, 19861� -, SUBJECT: Liquor Store Operations INTRODUCTION As you may recall at the December 9th meeting the staff presented the Council with the business strategy plan for 1986 for the liquor store. At that time it was requested that in addition to the recommendation for decisions that the staff present quarterly targets to be met as decision points during the year 1986 and that failing to meet those that staff should bring the issue back to the Council. The appropriate targets are enclosed and as you will note on the net profi target which really represents the key is that a $6,000 loss will be projected for the first quarter, but given the nature of the business, profit projection in subsequent quarters, will result in a break even by the first 6 months and a net profit shown of $12,000 by the end of the year. 1985 LIQUOR OPERATIONS Preliminary indications placed liquor sales for 1985 at approximately 58 above the 1984 level. The preliminary estimates for net income, however, places the 1985 operations at approximately $5,000 loss. Detailed figures for 1985 should be available by our January 24th meeting. The bulk of the loss for the operation was in the first quarter and the following 3 quarters showed a slight net income for the opera -ion. CONTINUED OPERATIONS As you will note below we are making a suustantial change in one of the areas that we can most directly control, that being personnel services, by reducing on th•� average of $5,000 a quarter in personnel time by reducing tie number of people on staff during slow periods without reducing service to the customer. This ,exults in placing 2 of our full time employees on a half time basis and pro -rate their benefits for such. Additionally it necessitates cutting back hours of part time individuals. This schedule has been reviewed with all the employees and is presently in effect. Should sales demand indicate a need for additional staffing, we will make those adjustments in the schedule as we go, should sales be up markedly. Additionally it should he noted in discussions of potential disposition of the liquor store that should appropriate targets not be met that since the City does not own any real estate associated with the operation that it may not be able to negotiate sale of the business to other parties but may be required to go out and solicit bids. This would have a decided effect on the City's ability to sell it to the employees. RECOMMENDATION The staff recommends Council adopting for 1986 the quarterly targets set forward and that the staff will bring back to the Council the question of the liquor store operation any quarter in 1986 that the appropraite net income figures not be obtained. Additionally staff will bring back for discussion the operation if a profit or loss for 1986 be substantially less than the $5,000 lose that is currently projected. PROPOSED MOTION - Moved by _, seconded by __, City Council adopt the quarterly business target and business strategy plan with the provisions set forth by the staff for -?view when targets are not met. Ayes _, Nays _ Memo 085-46 Page 1 of 3 To: Mark Bernhardson, City Administrator From: Tom Kuehn, Finance Director. -rmr. Date: January 9, 1986 ' Subject: Monthly Liquor Store Sales Reports - November anti December 1985 Attached are the monthly reports for the November and December liquor store sales for 1983, 1984 and 1985. Sales for the major categories of liquor, wine, and beer are shown. Each category is divided by the number of sales to arrive at an average sale price. The total monthly sales include the mix and miscellaneous sales as well as liquor, beer and wine sales. The total gross sales is divided by the total customer count for the month to show an average gross sale per customer. Gross sales for the twelve months ended 12-31-85 are $446,122 compared to $426,329 for the same period of 1984. The increase of $19,793 is 4.6% over last year. Gross sales in 1985 exceeded the previous year for eight of the last nine months. A comparison of total gross sales by month through December is shown below for 1983, 1984 and 1985 along with the total customer count and the average sale per customer for the twelve month period. TOTAL GROSS SALES Month 1983 1984 1985 January $ 26,719 S 27,650 $ 24,684 February 23,319 26,904 23,373 March 27,873 32,626 26,500 April 33,623 31,572 32,249 May 37,315 38,565 43,534 June 44,153 45,001 42,879 July 54,244 43,270 50,193 August 47,427 42,807 48,451 September 38,086 31,329 35,384 October 34,895 30,864 34,608 November 33,258 30,961 37,833 December 50,333 44,700 46,434 _-_----- TOTALS (12 Months) -------- $451,245 -------- $426,329 $446,122 TOTAL Customer Count 53,668 49,568 48,536 Avg. Sale per Customer $8.41 $8.60 $9.19 �r Memo 485-46 Page 2 of 3 MONTHLY LIQUOR STORE OPERATING REPORT 1983 1984 1985 November Liquor Sales $13,568 $11,664 $14,653 Sales Count 1,783 1,530 1,718 Avg. Sale Price $7.61 $7.63 $8.53 Nine Sales $8,720 $8,854 $11,177 Sales Count 1,671 1,610 2,236 Avg. Sale Price $5.22 $5.50 $5.00 Beer Sales $10,284 $9,790 $11,259 Sales Count 2,265 2,121 2,036 Avg. Sale Price $4.54 $4.62 $5.53 Total Gross Sales $33,258 $30t961 $37,833 Total Customer Count 3,911 3,535 3,888 Avg. Sale Per Customer $8.50 $8.76 $9.73 Momu ►8b-46 Vt Page 3 of 3 MONTHLY LIQUOR STORE OPERATING REPORT 1983 1984 1985 December Liquor Sales $21,196 $19,037 $18,013 Sales Count 2,719 2,208 11889 Avg. Sale Price $7.80 $8.63 $9.54 Wine Sales $15,309 $13,677 $15,388 Sales Count 2,742 2,432 2,724 Avg. Sale Price $5.58 $5.63 $5.65 Beer Sales $12,717 $11,112 $11,870 Sales Count 2,644 2,219 2,351 Avg. Sale Price $4.81 $5.01 $5.05 Total Gross Sales $50,333 $44,780 $46,434 Total Customer Count 4,956 4,019 4,011 Avg. Sale Per Customer $10.16 $11.15 $11.58 1963 MARCH ($6441) JUNE ($1185) SEPT 10,905 DEC 17, 483 PLUS INVESTMENT AND OTHER INCOME 3720 21.203 CITY OF ORONO LIQUOR OPERATIONS '86 QUARTERLY TARGETS NET INCOME 1984 ($3746) ($918) 3187 5365 3753_ 9118 1985 ($8850) ($8592) 1986 ($5357) $435 (8404) 3630 (7000)eat 9900 2000 eat 2200 (5000) 12,100 - CITY OF ORONO LIQUOR OPERATIONS '86 QUARTERLY TARGETS NET SALES 1983 1984 1985 1986 MARCH $76,012 (17.1) $85,16 (20.3) $73,456 (16.9) $83,000 (17.5) JUNE 190,115 (42.7) 199,485 (47.6) 189,145 (43.7) 214,000 (45) SEPT 327,858 (73.7) 314,P9 (75) 318,237 (73.4) 350,000 (74) DEC 444,510 419,509 433,000 475.000 J� 1386.2 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator DATE: January 3, 1986 SUBJECT: Community Development and Redevelopment INTRODUCTION - While a significant amount of land remains unr_ev-e3-open_ in the City of Orono and building perm'ts are continuing at a level higher today than they have been in the early eighties, there are areas in Orono that were developed prior to World War II that are beginning to show their age, both residential and commercial. Much of this has come about due to lack of either economic ability, economic incentive or a desire to keep the property in improved shape. As noted in attachment 1 there are a number of things that have been developed over the years which Orono could employ to improve some of these run-down areas, should it desire. To date the City has engaged in certain activities which could be considered redevelopement. These include: a) Hazardous Buildin s Proceedings - Efforts to improve the qua rty of buil ings in the community when they reach a stage that t'. ey are no longer usable in their present condition. b) Sewer and Water - While done principally for env onme�otect on and public safety improvemert, these have to some iegree promoted improvement .n existing structures nd also allowed for additional development that wou13 not have otherwise taken place. (Schlee nevelopment is an example.) c) Private Economic Value - Over the last 18 years part Ccuia Zy Orono7ea noticed that because of the economic value of principally Lakeshore property there has been spot redevelopment done solely with private money on the lake. This has generally resulted in old structures in poor condition being removed and replaced with much higher priced and generally more attractive buildings. d) CDBG Bousin Rehab Grant Program - on a modest scale the City has been ut lizing CDBG monies to improve the condition of the housing stock in Orono. Given the potential need for some redevelopment it is appropriate at this time for the Council and staff to discuss the directions they desire to go. This comprehensive review is undertaken in order to determine: a.) Activities the City should undertake b.) The type of redevelopment the City desires in the selected areas(both commercial and or residential) C.) The level of City involvement (A comprehensive approach that might have the kind of spill over benefits that the staff is reviewing is the Star City Program. This progran has been developed by the State to provide teccFinical assistance to qualifying communities, principally for economic Aevelopment. Since however redevelopment and economic development, utilize similar tools, qualifying for the program may provide some benefit in the area of needed technical assistance.) At present, it is questionable if the primary funding tools including tax increment bonding, industrial revenue bonds and municipal tax exempt bond issues generally will be available upon passage of the tax reform on the Federal level. Over the next few months this may have a decided impact on the redevelopment Orono is able to engage in. It should be noted however, that this may not be as serious an impediment as it once was considered. There have been some taxable issues that have been recently placed by public agencies that have resulted in interest rates not dissimilar and in some cases lower (because of the methods used) than a traditional tax exempt bond. (This is due in part to arbitrage rules not being applicable to taxable bond issues of public agencies.) Community Develop�mee t and�Rede velo ment Strategy- As mentioned Tt—Ti approprlale at tfis time to un ertak^ a review ci th, direction the City wants to undertake regarding its community development together with any redevelopment that it desires to take. Once Council has discussed and decided the direction that they want to go, staff will then be able to more definitely explore the work in each of tite target areas selected to determine what is appropriate. Attached you will find an example of some preliminary directions for the Navarre area. RECOMMENDATION - It is recommended that at the Council's January P71W. meeting that the Council generally discuss the area and give staff an indication preliminar ly of what things they feel are appropriate to be undertaken. Based on that, staff will do the following (included are staf f's recommendations for directions). a) Develoement of General Strategy. - It is suggested that In eacF oT tFe major areas 6e low the following levels of activity be engaged in - Commercial Areas - The City engage in re3evefopmenE, acting as a catalyst to promote private efforts together with working on a master plan to dovetail with County 15 improvements. - Hange of Housi_g OpEortunities - Given the fact that many oT the more marg CnaI residential structures are in the community presently are the only means of affordable housing that the City should in the next 2 years develop a stategy for doing something regarding affordable housing. In part the rehab grants have helped accomplish this purpose, but some of the housing is getting to the point it is no longer economically viable to fix -up and it may be appropriate in some areas to look at sponsoring development of more affordable housing whin may include areas such as the Highway 12 corridor area or Navarre. bi Navarre Area/Commercial Area - In this area it is r acommena?d-t a�-staTI engage in a review of the tax increment possibilities, working together as a catalyst to develop a plan for the entire area over the next six months. c) Highway_12 Corridor Stuff - That as an element of this comprehens.ve review, look is to see what if any thing is appropriate for municipal involvement in the development of that area, particularly as it may relate to a range of hr••sing opportunities. 1386.4 CITY OF ORONO NAVARRE REDEVELOPMENT Target Area Goals Improve economic viability of retail trade in area Improve traffic safety and integrate with County 15 improvements Improve parking Improve pedestrian flow Improve aesthetic of the built environment_ Possible expansion of commercial retail areas Promote desired development in area Level of Involvement Master planning Leadership Public amenities Public street improvements Face lift Time Table/Process 1. Property inventory and analysis Financial Condition of structures 3/30/86 2. Determine desire to change area Commence meetings 3 through 5/86 3. Development of Plan Goals and Objectives Development of Direction in Plan 7/86 Declaration of Tax Increment District 8/87 (if viable) 4. Evaluation and Reassessment l Estimated Costs X. Predevelopment Staff Plannin4 Consultant Financial Consultant Legal/Declaration of District S. Upon. District Declaration Legal B.)nd i rq Developer 1386.3 ATTACHMENT 1 CITY OF ORONO REDEVELOPMENT STRATEGY Potential Goals - The following represent potential is that may appropriate for any development or cc unity or redevelopment in Orono. - Improvement L. ne economic viability of existing commercial retail areas. - Provide for the overall economic expansion in the community resulting in improvement of existing areas. - 4ttraction of desirable business or quasi public institutions that the City deems desirable. - Improvement in the quality and range of opportunities for housing in the community. STRATEGIES The following represents the strategy issues that need to be discussed relating to direction the City will undertake on this issue. A. LEVEL OF INVOLVEMENT - In addition to perhaps an overall goal which may nc ude things such as economic rejuvenation, the following represent the levels of involvement that a community may take generally or on a project by project basis. 1. Catalyst - The City provides the necessary time, leaders-M6 and perhaps planning assistance in order that the desired redevelopment happens through strictly private financing. 2. U grade PublicIImpr�oovements - The City promotes a facei�� area through-t-e utilizatior of selected public-aprovements that will either prom or dovetail with improvements in the private area. 3. vaster Area Planning - The City develop a plan to pcovir r en area's redevelopment 4. Financing/Undertaken External Redevelopment - Under- take tie lace f t of the private tacill[ies-together with add'tion of not only traditional public improvements but also public amenities such as boulevard improvement, trees, benches etc. as found in some of the redevelopments such as Glen Lake area In Minnetonka, SBth and France in Edina etc. 5. Financing/Building of Private Facilities - The City help-Tinancc new of replacement rrrivate-b-uiTdings in the area in order to have a significant improvement in the area. These are t'.: typeq of activities that have generally he found in Minneapotiq; St. Paul, Long Lake 6. Area Redesign and Redirection - This is where a —__—_ master plan is deve_lope—d ana —takes a new direction for the area, changing what was perhaps a residential or small commercial area and transforming it into something different, such as a significant office, industrial commercial or multipule residential hub. This often entails the development of an entire group of buil6ings and putting in and financing of the new direction. Again this has been seen in areas principally older areas such as the central cities. None of these levels are necessarily exclusive and can be used as being appropriate within each areas. B. Area Targeting - As part of the strategy and in addition to -I the eveTof Involvement, the City needs to take a comprehensive look at the areas in whic� it does want to become involved based on criteria it feels appropriate but it would take public involvement. C. Means to Achieve 1. Financial Tools - Tax Increment Districts - Revenue Bonds - Community Development Grants - Special Assessments - Community Redevelopment District - Public Tax Monies - Municipal State Aid Private Donations Economic/Private Development Star Cities Program City Surp-us Investment D. Development of Redevelopment Policy Non -Financial Tools - Community Leadership - Land Use Planning - Amenable Zoning on Subdivision Regulation - Master Planning - Strategic Planning/ Process - Public Improvements The following represent steps needed in development and redevelopment policy. 1. Development of general strategic direction 2. Setting goals and objectives policy 1. Target areas: a. level of involvement h. tools of development c. implement redevelopment plans C. Evaluation and redirection 33 To: Mark Bernhardson, City Administrator l�.l From: John R. Gerhardson, Public Works Coordinator , Date: January 2, 1986 Subject: Street Department Vehicle Replacement Purchase For 1986, the Street Department proposed replacement of one compact pickup and one 3/4 ton 4 wheel drive pickup. It was determined that a 1/2 ton 4 wheel drive pickup would serve as a better vehicle to replace the compact pickup and that a one ton 4 wheel drive with a dump body would serve as a better' vehicle to replace the 3/4 ton 4 wheel drive. As in the past we participated in the Hennepin County Cooperative Purchasing to obtain the best prices. Bids were tabulated and it was determined that Viking Chevrolet was the lowest responsible bidder for a 1/2 ton 4 wheel drive pickup and that Minneapolis GMC was the lowest responsible bidder for a one ton 4 wheel drive with a dump body. The vehicle bid prices ar as follows: 1/2 ton 4 wheel drive pickup . . . . . .$ 10,597.05 one ton 4 wheel drive with dump body. . . 17,543.18 and plow It is recommended that the purchase of the above vehicles be approved for the Street Department. TO: Mayor and City Council FROM: Mark E. Bernhardson, City AdministratogN Forwarded recommending approval as replacement vehicles. PROPOSED MOTION - Moved by _, Seconded by _ that the Council approve purchase of a 1/2 ton 4 wheel drive pickup and a one ton 4 whee'. drive with dump body and plow for Street department which is within the amount budgeted for such vehicles in the 1986 Budget. Ayes Nays _ To: Mark Bernhardson, City Administrator From: John R. Gerhardson, Public Works Coordinator Date: January 2, 1986 Subject: Building Inspection Vehicle Replacement Purchase For 1986, the Building and Zoning Department proposed replacing the 1980 Ford Fairmont inspection vehicle. It was determined that a 1/2 ton 4 wheel drive pickup would serve as a better inspection vehicle. As in the past, we participated in the Hennepin County Cooperative Purchasing to obtain the beat price. Bids were tabulated and it was determined that Viking Chevrolet was the lowest r,,sponsible bidder. The base vehicle hid price and necessary attachments are as follows: One 1/2 ton 4 wheel drive pickup. . . . . . . .$ 10,167.05 One aluminum topper . . . . . . . . . . . . . . . . 275.00 310,462.05 It is recommended that the purchase of one 1/2 ton 4 wheel drive pickup and topper be approved for the Building and Zoning Department. TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administratott Forwarded recommending approval as replacement vehicles. PROPOSED MOTION - Moved by Seconded by _, that the Council approve purchase of a 1986 four wheel drive 112 ton pickup with topper for Building and Zoning department which is within the amount budgeted for such a vehicle in the 1986 Budget. Ayes _ , Nays __ To: Mark L,ninhardson, City Administrator From: John R. Gerhardson, Public Works Coordinator Date: December 30, 1985 Subject: Two -Way Radio Replacement Purchase The Street Department budgeted for replacement of four two- way radios in the 1986 budget. The replacement is necessary because the units to be replaced were purchased in the mid 1960's and are now obsolete. They are the tube type radio and are difficult if not impossible to service, and the wiring inside and outside is deteriorating. I have received a quote from Motorola Communications for replacement of the four units @ $822.50 each installed for a total of $3,290.00. It is my recommendaton to purchase the above for an amount not to exceed $3,290.00. This is a budgeted amount. TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator' Forward recommending approval. PROPOSED MOTION - Moved by _, seconded by __ to approve purchase of four two-way radios for a total of $3,290.00 as within the approved 1986 budget for Street Department. Ayes __, Nays Memo 485-47 s To: Mark E. Barnhardson, City Administrator Pros: Tom Kuehn, Finance Director Dates January 9, 1986 Subject: Uncollectable N.S.F. Checks - 1984 The attached resolution lists all uncollected N.S.F. checks from the year 1984. All uncollectable N.S.F. checks from years prior to 1984 have been previously written off. During 1984 there was a total of $1,441.43 in N.S.F. checks charged back to the liquor store and $29.54 in returner' credit card charges. Of these amounts $1,297.12 has been collected to date. This leaves an uncollected balance of $144.31 in N.S.F. checks and $29.54 in credit card charges. Since these checks are now at least one year old it is recommended that they be written off as uncollectable. TO: Mayor and City Council .i I FROM: Mark Bernhardson, City Administrat+ I\ Forwarded recommending approval. PROPOSED MOTION: It was moved by , seconded by to adopt Resolution eso ut on declaring certain N.S.F. checks and charges uncollectable anU removing them from the City accounts effective December 31, 1985. Motion, Ayes _, Nays A RESOLUTION DECLAIRING CERTAIN CHECKS AND CHARGES CTABLE AND REMOVING THEM FROM THE CITY ACCOUNTS As of December 31, 1985, the City Council of the City of Orono, Minnesota hereby declares the following checks uncollectable and directs the removal of same from the appropriate City accounts. Liquor Store Checks and Credit Card Charges: Christopher S. ward (6) $ 36.17 David F. Mross (2) 55.00 Vern Torgeson 39.70 Nancy K. Korpal 13.44 TOTAL CHECKS $ 144.31 R.J. Hansen (charge) 29.54 TOTAL $ 173.85 Adopted by the City Council of the City of Orono, Minnesota, t a regular meeting held January 13, 1986. Mary C. Butler, Mayor ATTESTt Dorothy M. Hal in, City Clcrk Memo 885-48 7r� l � TO: Mark E. Bernhardson, City Administrator FRONT Tom Ruehn, Finance Director DATE: January 10, 1986 1 SUBJECT: 1985 Interfund Transfers and Loan Payments At the end of each year it is necessary to transfer monies between certain funds for the purpose of providing support as budgeted or for repayment of outstanding loans, as scheduled. The necessary transactions for 1985 are listed below. FUNDS FROM TO AMOUNT PURPOSE Liquor Operating General $ 5,006.00 Annual operating transfer - scheduled amount was $30,000. If profits allow, the balance will be transfered in 1986. General Imp 6 Equip Outlay 39, 737.00 Annual operating transfer for capital equipment, new and replacement. General Bldg Cap Project 20,009.00 Annual operating transfers for buildings -eplacement Sewer Operating 1966-76 15,981.00 Repayment of Metro Special Assessment Waste Control debt credits 12 of 6 - balance o/s 12/31/85 $63,988. General Imp 6 Equip Outlay 6,726.00 Budgeted loan payment (print $5,1'., int $1552) for street dept tractor/loader/backhoe - payment 15 of 7 - balance o/s 12/31/85 $16,348. General imp h ,:quip Outlay 4,650.00 Budgeted loan payment (print 53,607, int $1,043) for street dep, dump truck - payment 13 of 5 - balance o/s 12i31/85 $7,986. l 7UNDS AMOUNT PURPOSE .uat--r Operating Sewer Operating 4, 397.00 Budgeted loan payment (print $2, 443, int $ 1 , 954) for water tower refurbishing - payment 44 of 10 - blanace o/s 12/31/85 $17,101. It is recommended that the transfers and loan payments be approved effective December 31, 1985. TU; Mayor and City Council t "OM: Mark Bernhardson, City Administratolll,��1''1�b `t� . :,rwarded recommending approval. PROPOSED MOTION - Moved by _, seconded by , that the interfund operating transfers and loan payments be approved as proposed, effective December 31, 1985. Ayes _, Nays 2 1986.4 TO: Mayor and City Council / FROM: Mark Bernhardson, City Administrator DATB: January 9, 1986 SUBJWT: Budgetary Information Attached is a chart of some information developed in response to a budgetary request providing information on some items of community development from 1980 onward. With some projections as to number of buildings and population in year 2005. At your convenience I would be happy to review some of the information containe,i thereon as it relates both to community development and also ongoing year to year budgetary growth, PROPOSED MOTION - Moved by , seconded by , that the Council accept the information proviTed by staff. Ay —es , Nays f7749 OOOr iRWa Ix0 19tl Ix} IN) Ix1 INS Ixb 19P, • IMi __•-•^+•--Y 1490 ropolitlm Mria am xx I •;+O-f:)t Un.wrN »fo IfN %»° bt.] NA iw5 6911 f0)1 rl S\ l!w I T)10 b,0 f..a tV0 ,VR i1w 9t�w wrtr. fwela NA NA I KA ir.m fuWr N Mw[N I'm 3N0 rw.iinl04 IwPP.ir40 .1 w I Mil ra. tl Ilml 2211 2111 3311 2413 2w1 112I I }x. »01 }•.9 :a« },1. 1:5c ' IrPtr. cire3l 1.23w lw! I z{00 :foo 4gler�t/ rtn o.mclt iA I ica {oo ss n x x l w w ., x o xnr M rrlwrr nM. I IL. cmct. whir A 10 30 a] Is a. I x a .1 N N tl wawnt b] 1 vaw ta.x0 ).{M 4M. OAM 10.M It.. 0.0 •A LO Iwlllml I M/CeMr waav[ 0 I 1 0 1 1 I l 1 1 1 1 I/ye i vuw - 1.110 .1N - ..w .1n1 .1. .100 .]ea .AO M .M uuuwa Pie.: eat[ lx 11. 21. zl9 !x ]A I !SO xo 1M zN zw )M.'r• we,t.nn. v.1m $1.00 P.M Lu l.fo s.m ).9 r t'I 2.1 ].f 1.. ra: alma - buvv�bv [ r.r.e.. n[ a Ilt Ia 1N31 it. m txs vulva lal llla`� I Iwt wcaieM Sw Iefi.Uml w.W Yah M.. ».l N.l 15.1 IM.1 iW.SS 1 101.. IOf.1 109.f1 lII,q IM.t I vllllma I Ovaprt we9ctw r I.m 1.a9} l.$)1 t.i11 1.1x 1.^]} z.ix ..1 Sq l.d C.)caRlw \ 1VfE1 1.1{S I Ytml r LN: 31.)M LaCi 1.11! Ll . Co�.vlt1 6ta.N I e.aiutM M t.oi I., 1.. 2.0 3.0 2-0 1.9 I 1.4 1-0 1.6 1.0 14 G[wt\ Ilrlvry xa C .�[ trte. IW. 11• 9• 3. ni :.1\ ..N ..09 S.0\ I LI21 I M Nrv1[. funlpc[a l.9 TCta ICry . M tKme L[aw� I M Cmtc.ct A. 6.01 t.l. IO.I\ S.i\ c.wlitlw c[e.ti 1.> 9.1 10.4 6.9 lO.f 13.1 Nwubtly Qmtn ;.flxl • L[o.A iV.mt �'mtort. 1986.1 TO- and City Council K PROMr Mars Bernhardson, City Adminirtrato�l`t' o i . DATEt January 9, 1986 SUBJECT: Administrator's Information CRYSTAL BAY APPEALS As you may be aware our attorneys from Popham Haik made an appearance on a motion by the plaintiff's attorney January 2nd to remand consideration of the assessment back to the Council. Orono's position in that brief is that it is properly before the judge and that it would not be appropriate to now send it back to the Council. A decision on that motion has not yet been rendered. Additionally it should be noted that the appraiser will be starting to do his work in preparation for the court suit, however, the type of appraisal to be done does not involve access to the appropriate structures. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Through the deadline of the end of the year there were a total of 9 sewer connection grants approved for a total $13,246.00. The City had allocated approximately $35,900 for this activity, however, this was not in total used with approximately $21,754.90 reverting back to the County. They will now place this money in their discretionary account for reallocation back on a as need basis. Presently we are without a decision from HUD as to whether we will be allowed to undertake our special assessments grant program for 1986, for which we allocated about $25,000. If we are given the go ahead on the project we will additionally apply and attempt to get at a minimum the $21,754.00 that were turned back to the County in order to apply to the special assessment grants under this program. CONTINENTAL TELEPHONE As you may be aware them arc residents In the southwestern portion of the community that are served by the Continental Telephone Syste., whi.-h also serves Mound. he you may also be aware Mound is exploring a possibility of taking over the Continental System within r boundries. We are not sure what affect ttii^ will have on ' rono residents of the system since Mound will most ptobabi got be taking over t' Orono and Minnetrista segments of the system. We will be , oring this activity and if it looks appropriate, see if Continental will either chow Mound to take over the Orono portion of the system if Mound is interoated or if Northwestern Bell expresses an Interest in Mound's portion of the system if they wi:l take oronn's in addition, A.R.I. The agreement discussed with the Councilmembers regarding the A.R.I. contract at our December 23rd meeting has been signed by the contractor. The contract containted the appropriate release language regarding claims under the contract. LONG LAKE/MEDINA LIBRARY Just a note that the tong Lake and Medina libraries, despite the earlier pessimism, will be allowed to remain open thru 1986 as a result of the Librar .ioarl coming forward with an increased fee schedule which will generate the funds needed to keep the two facilities open, we are presently awaiting word as to what the temporary location of the Long Lake Library will be once they will have to vacate their current property. COUNTY ROAD 15 As noted in the attached capital improvements program for Hennepin County the only change from before is that they have budgeted monies in 1988 for acquisition of right-of-way on County Road 15, but the actual construction will not be funded until 1989. In brief discussions with selected County officials they indicated that it is rather doubtful that we will be Able to move the project up z we are competing for funds ..ith other communities, who ..re assuming their priorities are firm, and unless we can demonstrate a need above and beyond that of their projects that the project will not be able to be moved forward. GREGG GRIFFITHS Mr. Griffiths the officer who was injured last February on the Arcola bridge and has not, apart from a short duration, been on the job, has accepted a new postion with an investigation firm and has submitted his resignation a rective December 19, 1985. ,/ LIST OF LICENSES FOR COUNCIL APPROVAL FOR MEETING OF January 13, 1986 Charitable Gambling License - Navarre Lanes (Site) Pull -Tabs 3425 Shoreline Drive Northwest Tonka Lions (Applicant) P.O. Box 201 Mound, MN 55364 Minnesota Charitable Gambling Control Board roR ROARD u5[ Oklr 900 Summit State Bank Building 310 4th Avenue South Minneapolis, MN 53415 (612) 341-7676 GAMBLING LICENSE APPLICATION (Class A, B, or C) INSTRUCTIONS, 1. PRIM OR TYPE. 2. Bring completed application to local governing body, obtain signature and date a ell ropiee, and leave goldenrod copy. Applicant keep. pink copy ..it send. resasnir,g copies In .bore address. Chan . 'on inform d hi rT. of Application, n m U Close A - fee $100.00 (Bingo, Romeo, Paddlewheels, ti tvatede, Pull -lab.) © Class B - 'ea S 50.00 (Raffle., Paddlewheel., lipboarde, Pull -Tabs) ❑ Class C - fee S 50.00 (Bing. only) Pholve checks payable tot Minnesota Cho rite a Gast, linu Control Alallesnt (Official, legal nose of organization) Business Address City` State, Zip County lke1 Lreas Telephone Nude federal I.D. Naba P � ,r, Type of Urgerulzation- ❑ fraternal ❑ Veterans ❑ Religious [DOther Nonprofit Organization Type of Organization Charter Internstlonal ❑ National ❑ State r a?-- years in Nuaer of Articles of A' Existence iin Minnesota) i Incorporation (if incorporated) Location Mere Articles are filed „ Yee No 1. Does organization have a dues structure, X nioner of active ,aebere Zf . Has organization bow previously licensed by the Board± If yea, lve dote ' . Has license ever been dented, suspended or revoked? If yes cheek ell tint apply: ❑Dented 05uspended ORevoleal A. to organization exeapt frost payesnt of U.S. incises to., If yea, attach copy of letter declaring ii.seeption. Is Organization tax exeapt Iron paysent of i tieowt. to.T If yea, etteeh copy of letter declaring ex. tlon. Site Aside... City, State, Zip - N Cutmty lea No . Arc all gaabllng activities conducted at the above site? If no, cowplete a saps - rate applicstion fare for each site ae a separate licence is issued for each e 2. la site located withincity/taco Laitst y. Does organization m the site were grating activity will be r•.,iduct hli If no, attach copy of the le..._ for the Bite. e... r N. (if Too. or real) Address City, State, zip Addreea city, State, Zip The10,000 fidelity bond required by Mirrtesets Statutes 349.09 hoe been obtained. [sapeny Ness Bead Nebo .• / i' I41 Nsse of Or en,rition's officers and Titles b. d. CS4)DOOI-01 (12/BA) ront,nued on Page 2 Minnesota Charitable Gambling Control Board GAMBLING LICENSE APPLICATION (Class A, B, or C) GAMBLING SITE AUTHORIZATION By my signature below, local law enforcement officers or syents of the Board are hereby authorized to enter upon the site, at any time gambling is being conducted, to observe the gambling and to enforce the law for any unauthorized game or practice. BANK RECORDS AUTHORIZATION By my signature below, the Board is hereby authorized to inspect the bank records of the Gereral Gambling Bank Account whenever necessary to fulfili requirements of current g.abli rules and lam. iv /v( Are,VVf 07 S::vil iew-- c! v4(, 9. W .'„- — OATH I hereby declare that 1. I have read this application and all information submitted to the Board; 2. All information submitted is true, accurate, and complete; 5. all other required Information has been fully disclosed; A. 1 am the chief executive officer of the organization; 5. I assume full responsibility for the fair and lawful operation of all activities to be c.,:.daetedi 6. 1 •ill familiarize myself with the lams of the State of Minnesota respecting gambling and rules of the Board and agree, if licensed, to abide by thou laws and rule@, including amendments thereto. ACKNOWLEDGEMENT OE Norm BY LOCAL GOVERNING BODY I t arkn..Iedge receipt of a copy of this application. By acknowledging receipt, I adm,- ..ving been served with notice that this application will be reviewed by the Charitable Gambling Control Board and if approved by the Board, will become effective 70 days from the date of receipt (noted belom), unless a resolution of the local governing body is passed which specifically disallow. such activity and a copy of that resolution to received by the Charitable Gambling Control Board within 70 days of the below noted date. LQCAt GOVERNINGY Hass of Local Governing Body Signstuh of hraon Receiving Application ORGANIZATION Dwt* Received (This le date from which the 70 day Name of Representative for G061inq License Applicant ""Mal bsline) (serv,nq n.tice) 471- , ni j® l tiz/Ba) Mite - Board Canny - Board Pink - Applit Goldenrod - Governing (data .---v) Al-..,,-, Z Body CITY 0° )4140 P A T ioo ,U� �029PS Y-T-1 • - - - - - K - D NAM 1[v GROSS 7431S EKP/ALLO ANOERSO'4 41. 31 36319.32 1541.23 HERNHAROSO YE 12 23277.12 1592.31 HOBZIEN SA 31 16137.20 643.29 HRINER CA 30 168.00 0000 BRINKHAUS JF 42 32252.78 1134.64 BURMASTER ND 31 34939.49 1273.34 CARLSON JJ 92 30G46.30 1124.S4 CHECK JM 30 130.35 0.00 CHESNICK G8 31 35473.25 1253.44 EUMUNOS P 93 318.75 3.30 EHRENBERG OL 90 15000.05 551.94 ENGLISH 11 IH 31 21035.D8 805.72 ERICKSON OJ 33 2030040 0.00 ERICKSON KR 31 38506.34 ll52.32 FRITZLER JM 31 36363.72 1419.07 GAFFRON MP 13 27086,63 1004.S4 GALLO OE 33 686.51 0.00 GCRHAROSON JR 42 33414.28 1442.S2 GREGORY JO 42 21013.88 1004.08 GRIFFITHS GE 31 11041.49 212.57 HALLIN OM 12 22098.60 917.52 HANSEN SC 42 24416.D2 461.12 HANSING CJ 31 6934.50 292.05 HENNING JP 30 1408039 0.00 HIGOS PA 90 15192.55 593.J3 JACOBS YJ 33 21783,69 465.36 JOHNS RJ 90 0.00 0.00 JOHNSON iP St 33319.43 1152.32 KIL80 MH 31 39555.D4 1470.90 KIRNYCZUK M 311 35091.12 1152.S2 KLAERS A8 12 1509.20 I39.30 KNUTSON CA 15 18587.65 523.02 KRIMMCL IL 33 0.00 0.00 KUFHN TM 15 35)00.56 1333.29 LATIIN JC 15 22049.27 H17.52 MABUSTH JA 33 33S32.48 1221.50 MANUEL CM 30 6540.28 274.40 MCGOYAN LR )0 28350.56 1051.52 MORONCZYNS J 31 34318.68 1173.33 MROSS FT St 21026.21 741.04 44AB TL 12 166489LO 693.d7 OAS JO 33 556.00 3.00 OMAN LE 33 16824.00 624.00 PALMER Pq $I 421.23 3.00 PE ARSON SC 31 35117.48 1152.52 Pf TLRSON 'L 12 421).22 253.11 PETERS04 Ry )3 1076.00 3.00 PROMO 9J 12 3220J3 0.30 OUAST WA 42 25660.28 i1i.43 ROYCRAFT GE 33 0030 1010 SASS JJ 41 24502.42 461012 CITY .)F )RONU P A Y Y-1-1 • - - - - - E1�L-VD NAME )IV GROSS SR3SS EXPIALLO SLLLNER CL )3 0.00 9.00 SELSTAO ER )3 0000 0.00 SIEVERS RC 33 1375.00 113.JO SKREEN OS 42 24302090 961.13 SLIGO SR 93 2165olO 0.D0 SMITH JR 32 25291*39 944029 STEFFENHAG RE 33 2536S.04 963.35 STEVENS HG 33 2777,41 0.00 THIES MR 30 3375*51 100.00 TOMC2YK MN 31 34172,88 1206.34 VOVTCKE SM 31 63.25 O.DO COUNT GRAND 399612.BA i SA1) 00044 FOTAL 00062 TOTAL F3TAL FICA TAX GROSS = 229023oS6 EMPLOYERS Fl: A = GROUP HEALTH B = PHYSICSAN63 4EALTH PLAN C = BLUE CROSS/3LUE SHIELD D = MEDICAL CENTER PLAN E = PRUDENTIAL F = COORO. HEALTH CARE G = MINNESOTA 140 H = TRANS-AMERI:A O:C. I = BANKEKS Lt=E J = MUTUAL SEKVICES K = MUTUAL OF 014AHA L = EMPLOYEEIS 3ENE=IT M = AETNA N = NTCOLLCT EITEL 0 = LEAGUE OF ZITIES = HEALTH CAR? 14I1T ACCt. 141SSING M03P C3)E °3R 5014E C41.6 CITY OF �OF Oi0N0 P A Ja.dt/uBiP a44. f!/ T-T_) EY'L-N0 AM )IV GROSS )A)SS EAPVAL AOAMS T 11 220.00 220.00 BUTLER MC It 275.00 ?75.00 FRAHM T it 220.00 220.00 GRABEK J 11 220.00 220.00 HAMMEREL J It 220.00 220.00 :OUNT �AANO 19155000 >AI) 00705 TOTAL 00005 TOTAL t OTAL FICA TAX GROSS = .00 _N>LOT ERS A = GROUP HEALTH B = PHYSICIANOS HEALTH PLAY I C = BLUE CROSS13LUE SHIELD D = MEDICAL CEITEI 'LAN E = PRUDENTIAL F = COORO. HEALTH CARE G = MINNESOTA HMO H = TRANS-AMERI:A O:C. I = BANKERS LI=E J = MUTUAL SERVICES K = MUTUAL OF )MAHA L = EMPLOTEEOS BENE°IT M = AETNA N = NICOLLET EITEL 0 = LEAGUE OF :ITIES Z = HEALTH C W MAIYT ACCT. MISSING HOSP CO)E F)Il SOME EII'L'S t l 1 l l l l IOG3 CITT OF a :MCCA NO. SATE N-FS/2 01/02/e6 ICISF2 91/021B6 M:FSF3 91/02,66 M:rST4 91/02/86 9:1515 61102/86 M: FS76 ■LI02186 M:/516 01/02,96 M: FSF6 01/02/91 NZ 1516 01/021A6 M:1517 91/02/66 N-ISri e1/02/66 N:ISII 01102186 M: 1571 6I/G2/66 N:rsra 01/02116 9C7576 O1/02/66 Mc ?Sys 91/02/86 ":?Sys 01/02,86 M:rSta 01/02/06 M:1aT4 01102186 KIM 01/42/86 N:ISTS 01/02IR6 MC ?Ste 01/02/86 me-T516 91/02/56 N:nre 411021:. 4-15410 41/02/86 McraAG 61/92/N N:r54/ 01/02/66 "CrS81 41/02106 Nase3 rtn2/46 AMOUNT 2.00 3.012.90 3,050.29 . 23.70 23.T0 . 1t.30 12.10 . 516.42 316.42 . 54.64 1.09- 1 T0.91 3.52- 224.1T . 111.13 1.00- 1.4a3.46 21dT- 1.4a3.N 194. FF 19.63 211.57 43.32 =22.24 48.64 22.62 41.43 1.F3 5.15 .61 Be4.00 6.56 4.55 13.90 . 39.66 1.214.66 ..109.66 . L.]55.53 36.333.53 . rr3.24 1CR RE ISTIN 6CN08 MR SESCRVTIa COMA REV/ALES to SALES TAX NO N COOP SEW/ALES ES SALES ILA NO N LTLE DUN RILCASC Ea OACOBS RELEASE CAPITAL CUT GIST star PW.CA a IONS COVEN Lie 064:M 6416GS COVER Lie 012: a IGGS COWER star Fa CA 6419;5 CODER WINE Disc ED PRILl1PO LIS •WCW EO PRILL20`1 LIG RIM ED PRILLIPI WINE PU4CM EO FMILLIFS MINE 11$C POSTMASTER POSTAGE POSTMASTER INTLEE POSTMASTER POSTASE POSTMASTER POETA:E POSTMASTER POSTASE POSTRASTER PNIAEE POSTMASTER POSTROE POSTMASTER POSTeet POSTMASTER POSIAU POSTRASTER POSTAGE POSTMASTER IOSilat POSTMASTER Pa TALE POSTMASTER POSTAGE A 9 4 ATOM UTILIfl-S A 6 A IEIITAL RENT ARK :OAT SWR/eI1 COAST FUND 01 TONL GENE44L FUND 12-31-61 FAGS 1 ACCOUNT V0. 1RW. a F.O. 8 N1 :J441 91-3566-NO-00 .4MU.1 11-2222-so*-OR PANUNL 01-4341-114-53 RA AL 41-4341-IF4-31 RAWII )I-4112-SI S-16 .Haft 11-4814-111-18 "ANNUAL 11-4411-5I5-16 NAw" 11-4912-315-IU MANUAL n-•si r5u-14 MANUAL -48to-OIS-14 NNyAL 21-4411-511-11 NAwK II-4612-515-19 .4 at 11-4413-511-18 MAwK 41-4321-631-12 MANUAL 61-0321-N1-14 ..Nuft 21-0321-069-15 MANUAL 01-4321-129-31 .ARPft 21-4321-11•-33 R1wat 6/-432t-249-4t ANNUAL 13-4321-30I-66 R4RUft •s-43n-4s:-66 NNw A. 12-4322-5•1-91 NAwAL 13-4321-549-12 RaMUx 14-•321-516-94 .6MUft .. -r45 81-4321-6A-12 MAw.L 11-4321-110-33 NAN.ft 11-6324-SIS-96 .NNU4L Tf-Qat-all->8 MNW.L ••.-CRS 4>-1a at-4az-44 Haw" ...-COS Its% :11T OF MORO I NC( M]. D4I[ 4451MT SSSUIJ 01/08/06 36.65 315118 61/O6/66 I6.SS 511910 91/0909, 16.1$ Or 3is015 01166196 66.23 315013 01/08/84 14.15 U sells 61/1D/LL I6.65 • 149.58 3S1114 01/O6/66 35.02 361f10 61/06/86 ST.58 • US014 01/04/96 649.55 256.15 . • uu.. 3154t9 01/08/86 4l.to It 41.24 SSSOIY 01/08/86 25. r9 • 23./9 lS3021 01/04/0. 10.15 S%SOtr 01/08/66 2.17 • 353021 OI/08/66 42.14 3650?1 01/64/96 63.10 365021 01/OR/66 184.22 • SSS O21 01/08/86 29.02 1.1127 a toa/A6 160.68 SSS921 01/06/86 11.20 it 3650?Y 0110R1N6 14.03 Sss32r 01/09/86 37.97 3i302/ 01/06186 31.19 565321 0110./66 17.64 609.35 • uuu 3.5139 01/06/66 1.10 JL 3i5430 01/03/81 2.70 ]SS 030 Ol/10/66 9.OD 13.56 t siso:l OI/O6/66 5.35 3iS031 01/08/es 6.33 • 9.r1 315939 OI/OR/66 55.19 365033 01/08/86 6.98 60.00 :ME[l 1L6141ER OENDOR ITE1 3ELC411I13N SIB INFO STSTE4 441 OFF EQUIP AT&T INFO SISTER NMI OFF LOUIP At tT INFO STSIEO NI I=F EAJIP AT&T TWO SISTER MIT Yr EOO1P NST two SISTER R41 OFF EQUIP AIGT IWC SISIEN "It 3FF EOUIF ALL STAG ELECTRIC Nil Its: EQUIP ALL STAR ELECTRIC MOT SLOS/ORDS ALL'IA6 ELECTRIC Not WER PLI ARERICAN S•EC31 PRIG OFF SJP>LtES AMERICAN LINER "IT 3.3'./6NJ3 APPLE VALLEY ASENCI APPLE VALL1 AGENCY APPLE VALLEV AGENCY APPLE PALLET ASENCS APPLE VALLEY 96ENC1 APPLE VALLEY ASEIICY APPLE VALLEY AGENCY APPLE VALLEY AGEVCV VALE VALLI AGENCY APPLE VALLEY A;EVCV APPLE VALLEY A3EMCV APPLE VALLV A;EMCF AT L 1 IMF1 SISIEN AT L T INF3 SISTER AT G 1 INFO SYSTEM AT G T COMN AT 9 T COMB O3494EN3 COMP 03RCREMi CORP OORUERS CORP M344VENS COMP VOR94E115 can. VOROVENS COMP VOINRENS CORP OSRVRi RS COOP NORQERS can. VOA(MENs CORP MORNMEMS CORP V3M(4E0; CORP TELE-43VE TEL'P43ME TELE•439E TELEP40NE TELEP431E EARL F AROEMSON ASS. ST IVY SIIP EARL F ASOEN6ON ASSC JFIL SIS MIT SOP 12-31-.5 PAGE I ACCOWIT W. I". I P.O. 4 R1.SN. al-4a46-3sY-12 01-4:10-OSf-l4 01-4.40-069-is 01-4440-111-11 61-4s66-1r4-11 81-4 ]40-24f-42 11-4142-249-42 91-4343-121-11 12-4345-549-91 11-4210 29-31 71-4343-115-90 Ol-4153-039-1i 01-4153-069-15 01-4153-121-51 31-4153-126-31 01-4153-129-31 01-4153-114-33 01-4155-241-42 21-4153-290-61 71-4I55-515-JO 12-4153-S49-91 13-4153-569-92 14-4153-590-11 12-4324-549-91 /3-4128-669-92 r4-4320-590-45 81-4320-439-12 45-0329-432-G0 O1-42]3-24Y-42 .i IH1 CI), of "ORO CRT:A acalstCN -NL.I 40. 3ATE 450JRr MOON IITO )ESCA1011e01 • .u.0 • USK6 61/0418. 53.03 RLAC.a6IAa L SONS Oat 016419,01 365945 6I/0919" 30.00 sLACAONIAs a seat "I #0619Mat 86.30 . • ..•... • 343I90 el/Oa/RR 166.32 cos, POWER s E6IIR clit-M 3J4CCESS 146.32 315114 sires/66 44.44 CNA.IR FUOLISMIN6 .Ars/-JIL • 40.48 ASSIZE e1/0a/86 631.20 C3F1IN eRe99ER0 Ofoct :044ULT 651.00 • SSSI31 D1106/e6 Ser.70 COMMERCIAL GL3a ONE JAIRFMAL SERU ISHII el/Oa/s6 223.60 COMMERCIAL RL34 %%I JRa1Tat IAL SERs 611.30 SS5162 01108/66 I59.Ss COPY OUR N IN: 0-- it --LIES 3"1%2 01/ea/a6 27.13 Carl DUO n IN: 07• SJ--LIES 3"162 01/0,196 159.54 CORE Our F9 Luc 0-- sJ--LIES Or 3151%2 01/04/6. ISI.Sa- CORT )DR " to: 0-- SOILIES SSS142 01/08/06 19.59 COPS 10P q IN^_ 0-= sJ•-LIES 3Ss162 at/e6/a6 3.35 COPT )Ur PR INC D-F SJ-.LIES • SS5142 Olf^ lab 252.2F COPT OW PR 14: ef- Sl--LIES 355162 III J/66 41.6/ call Our n INC a-- sip -LIES 55a142 01/08/86 19.19 Call 3Jr R IN: 02- SJ--LIES • 3.51*2 03/08146 2.10 call JAM Pt INC 0=F SJ--LIES 365I42 61/06/96 f.SS Carl OUR rt IR: 3-- SJ••LIES 521J0 • uu.0 • 1SSlG3 01/6N66 I.SII.51 DAY )ISTRItiTING CO SSA -Jtco 3GSI61 01/OAJsi 21.60. DAT )ISTRIIJTIN6 CO 421 61T 363163 ClAsr66 22.55 OAT )ISTRItirl9G CD oil •JR:1 or 1,517.32 ...... We 363107 "•/tlA6 I.S29.45 EAST SIDE IE6E4AGE I. -ER V4C4 5$5167 u1r06r66 56.40- EAST SIDE JCOER46E fat try ks 1.475.05 P I2-JI-+'. RAbI ACCOUNT W. 1•N. a ..G. A •u-]RY 91-t 311-all-11 Fl-6961-515-% ..stet 6.-•x]2-26r6z •. -as et-oarx-1H-62 65-6]e6-R ]T-00 9/-4349-099-1I 01-4349-129-51 31-42ts-031-12 61-6219-051-16 01-6212-061-I2 01-4210-019-11 01-4210-069-15 91-62t0-121-31 e1-•119-I14-33 m-ulo-z•r.z ll-ttl9-SI5-16 IT-6 T1 h5.9-A 1Y 623t-xrlr I1-oat s-Sls-96 71-6416-S15-9e Ft-4529-515-90 11-44IS-ur16 II-6916-515-99 •• .Cas ....Cos Aids ^I1a Jr )mama :NL:. 41411IL4 1i-.I•x, qbL • :.(CA 9a. 9f IE 44JWT 0."00. II!• )ESCRIP)134 6CCOJ%I W. 11Y. • •.e. . .•S>6A ...... ••..... 3s21,41 Wall%, I90..1 E]ES RG GO-C C4tS oil US: EOJII 19O.S0 Aa ...... ...-us ssiu) 0I/01/1. 3.434.60 Not, E E4I:ASJ1 4SSE5)nG SLAYAa 0l-•Li-3/•-1• 3.030.00 . ...... ....... • 36523i 0t/44/0s 1.12 OCMJIME PARIS C0 E2Y1•/PtLUCEff U-4232-129-31 34525h 01/00/8b 169.21 SAWINE PASTS :0 CM-I-TS/ACCESS 91-4232-201-42 U5256 21/0"al 2.35 GEMJI SC PARTS C2 EfYIaI PTfIACK IS /S-4r S2-f6t 1z • 111.36 • .•.... •..-CRS SIMS OI/Gi/i. 3r.05 G-E•4000 tIZLCA033 JIILITIES 01-4324-619-11 • s1.OS u.0 • •.. -Ca; • 3:5312 130.10 6 6 ( SERVICES SEA IIIG AIP U-4r2t-26l-•l, IMF?oils"$& 01/0U4L 14.0E 6 1 . SERVICES fr •1r sw Of-4r 13-N9-42 01/06/66 G a r SERVICES 1.)GI343 KMT 11-1343-019-Ir M222 3SSZ12 11/01/0L 93.10 23.60 G 1 4 SERVICES nUi/ss )S 411 U-43.3-.41 )SS2)2 01/06/04 21.60 G 1 I SEROUS S3 4" 91 $-4221-.IMq 3Sf2rQ 01/00/46 %.49 G 1 4 SERVICES JAILt SIS 1N1 iW I2-4343- • SSS212 6 a t SERVICES OLiNG405 MT OL3 rt-4A)-04FR .-1212 91104/16 01J4f264 1.40 •1.49 G a 4 SERVCCS JEKII RG 4" 33-6214-5AI-11 • 01/04/14 6 a 4 SERVICES YIL 545 MIT SJe r}4234-569-92 BRIM BRIM 01108/96 A.N •.10 G a A SERVICES 3L56/S43S 4h1 r1-4341-1e9-5z 555212 D1I00/46 13.10 6 4 ( SERVICES Yi44I I: lPP I•-4221-590-13 • 367.16 .eo. ...-(C • ]iiMO 01/08/46 13. N4[N CARP I: 4L C0 JAIL if! RNI SW 22-42f•-H9-91 10J9] ' ...-CAS ..••u U5303 01/09/86 50.43 NE11 CRY no Ila 001 SJ••LIf2 01-121 h051-t• 313103 O1/04I0S 4z1.s3 N111 CTI no )EV J1IL :4:ES 09-4150-040-16 612.30 •..{RS ... u. 355323 01/94/8. 94.15 n30:EM6t lE9 NE4M I:4P EI•LATEE U-412S-129-31 11.96 loss .11\ Of ORU90 :NEC4 4LGlst(S /2.10-41 0'" 9 I : 9E:1 60. SA'T AVW. 111009 IICR 3r 3CilPi1M ACCOUNT W. INC. P P.O. 9 PL HArv! • 343330 01/09/66 7I.9P I:M RC IRM9f :DN IC++ li/l♦ IO twig 21-AI•+-Of+-12 R .9i . • 3S 3lSS ^Itcs/86 A2.95 111I0STATE WTEOT ESJI•1-1t/&[Offs 61-9932-19+-42 • 42.15 • uu.• u•-CRS • SSS312 9'.JOa/a. %.As JD.xfi Auto SNOOLI -au1•f •f t/ACtttY 01-0132-121-31 • 341312 sk/69196 149.79 JOMOS auto SUPPL\ El6i •/•f Y/ACC-SS 41-4232-219-91 3SS312 9110818. I9.95 JONIS AUTO SUPPLT Caul•/•f1/ACCESS N-9t12-IN-91 266.21) . • ]L SSTs •lioals. 21.3S J1N95341 PPG CO sfoAC simi CY 11-sill-SSY9 • 21.33 . 3i139/ 6114614. .11 Kim -UPC. IA.JE JIIL SIB MIT STOP 12-4234-N9-91 • .T9 • • ...... .. .CS! • • Sal . K1E9T-f9OMS M/lrt SC SEC 45 91-A361-639-12 30 2 Sii Hl 61/J1/0RJ96 6R/R6 5s.'s10 aJENI-TNOMS MG E4GE DEC 43 I1-936-K9-IS ♦ 36$191 61/68/56 2.35 RJf.Rs-T" MI NIL,A5E DEC 45 9I-A 3al-I P-U • 3633-37 01/01/66 T.$1 RJEMI-fNOMfS MIL`_saT me as R-6261-349-91 3SS391 01/PA/o6 11.21 KYE49-f.OMS MILEAGE DEC 65 T3-9]61-54+-+T f 11.1f • I SiS+OA 01/09/06 I34.40 t91 -ARC+ ANiKf {SIUG I/ -Ali l-51l-99 I SA.AO • • USA" I1/48/66 I.I80.i0 MARS PIS MST 2EER +J\CN 11-NIS-Sty-9U 36SAO 01/09/86 66.40- MASK III MST 6O1 ACf Il-0016-SIS-96 "So" 0I/09/s& 162.00 NA9K All MST MIS PJACM q-162I-515-99 • 1.499.13 1 35S U} 0IN3/66 109.89 Mlilut 6M ARRE 16 Ml 0JU i0111� 91-4SAT-119-J1 609.09 3649/9 61J69/9i 13.464.13 Rifto VAST- C"I" SAC 1'OIfTEJ 01-696^-}93-/1 a lUA 'ITV OF OROMO :AE.4 REGIStCR 12.31-A% PAGE :47;4 N2. URIC A13JMT VENDOR TIER IES1 .+IIOM ACCOJNI NO. INV. A A.O. A R SiA4A 13.464. a ...... ....W 3SSO43 01/00/86 42.00 MILLER 0AV13 :J OYNU-O51- 42.30 3iSIS5 111/0006 21.40 PALS OMIGEV CO MIT IRS: EQUIP JI-4342-249-62 29.40 - u.u• u•-CA! 1i S490 01/O4/ie 122.34 AIANE6ASC0 UTILITIES 1-.374-I29-31 325132 01/08/8e 426.42 RI M4EGMSCO UTILITIES 2 4324-549-91 3.i920 01/01/11e 59.04 141W?GASCO UIILEIt CS FS-NN-s61-9) 60F.93 3SS533 61/08/46 6s..0 01301.E Mar:O E11G IVC NOT 'IS: E44IP 03-4342-249-42 SSS333 01.00/Re 2/.15 MORSL. RADIO ENG INC -Of III: EQUIP F7-4142-349-91 362333 9l)t' **.to ROSILE RADIO ERG INC AO3 AIR-. E6JIP 13-4142-569-92 136.29 ....CA! ...... 35SSSN U1/00/116 104.63 ATKA REFMIG)A: MIT Its: EWip SI-11A 2-515-90 104.69 •AN CRJ 353540 0110413, 2.722.35 OM RJELLER A SOP SI -.015t 23.451?-351-00 2.127.9s . ....CRT 3.S54S 01/09/86 387.17 MIVA44E AUTO ■EP4I4 RIT RlT3 EQUIP Ot-4341-174-33 3S2515 91/08/4, 41.9s MAV44RE AUTO RE -Alf NOT UTO EQUIP `/-Aii/-za9-a2 4A 349.53 .... CIS ni541 01/04/86 31.06 MAVAI%E MAEOV44E A136PSOS AZT SUP 11-4231-699-I1 us"s 01/04/96 I/.S3 NAVAIRE NARORA4E eLW41t3S ART W . -A231-190-L1 IN 365549 91/06/66 59.49 NAVARRE MARQNARE E6JIPFPTS/4CCESS 0.- 1-tzs-31 3:5545 81/00/e6 76.02 NAVARRE MAt WARE EaJIPP.TS/ACCESS 01-4232-249-4. 3.5545 111/96/06 •2.64 NAVARRE NARCMARE 9L36/S1135 AZT SIN 31-4233-SIS-99 35534S 111190046 9.45 MlVAR4E HARDWARE COUI•PPTS/ACCESS FZ-4I5, i99-41 Si554A 0119411116 13.29 NAVARRE W443MIRE ESUV/PTS/ACCESS 15.4 t 9 '21 r 335549 QA6/06 12.66 NAV44RE MA40.44E EOUIPPITSIACCESS H^• "a-- 201.24 • ouu AN I IH5 :ITT 01 ONPMU ]nick .ESISTEA iT-sl-65 PAGE _1__( 10. GATE k\OJNf $,%Ban IfE\ 3ESCRIPTION &CCOU\I No. fall. a P.O. 1 9ESS16L I 3SS559 01/04/06 yK.61 ASP UTILITILS 61-1324-t11-1I 363359 S1/06/86 Ii5.21 ASP UTILIIIE3 01-6126-129-31 3S3359 01106/86 2Sa.56 MSP UTt-ITI:S 01-6T26-19-6S359 01/044 11.20 "Sp UTILITIES 0/-U21-190-L1 U339 01/041&/96 l31.20 lisp YflLi r[ ES 11-6326-515-96 U1 34331 OI/9s/66 1.321.99 MSP OT MIMES /2-6324-519-11 3$5359 •1/06/RL 165.16 NSP OTILIf1_i IS-13i1-}L9-92 313559 01 /06/Rb 264.55 ASP Off L/fi[S Ill-612L-S61-92 • U53.1 92 /06/66 26.15 ASP UTILITTEl H-63N-]99-9! 3..11.10 . 91 ...... •.._C\S ISS569 01/0, 56.11 NOPTIMESTE94 SELL TE.7•101t 61-1329-031-12 an 365569 01/06/S. 46.11 NORHOESTESN BELL TELE•951E 91-13B9-O59-11 - 365569 OI/06 a6 33.10 MSRTNMESTCNN BELL TELEPIBIE 61-6320-069-1$ U5565 alfoa.96 120.20 NDRTIMESTEIN SELL Ti LEPN6ME 91-6326-121-31 0 355569 01/04186 66.19 WAT40ESTUS BELL TELEP96R( 01-6329-136-33 365569 •Silo/a6 ".it NORIIMESTRE BELL T:LEP9NL 61-H2O-249-62 353569 01/08/66 .99 WRTNMESIE91 BELL IELEP49IE 15, 432"32-00 36iSN OI/OB/66 13.22 MOREIMESTeIr BELL T-L'•630L 72.4329-149-11 $5b5 O1/00/46 19.61 A09 HYE 51(U 9EtL tEL. 60AE T}1320-569-a2 -.5569 61/0U96 $3.19 NORIIMESTERr BELL ICLE•.SNE 11-11T9-319-93 365563 93/9UBA 119.96 NOAT9MESi CAN BELL UOERTISINS 11-1323-510-93 666.52 36S331 01/09/66 59..6 PEA& P_R1 12116 t0 12129 O1-6111-631-12 U 5$11 01/06/46 3.49 P-NA PEAS 12116 10 12/29 91-6311-OH-I3 35554/ Walla, 3.66 PENA PL49 12/16 TO 12/79 91-4U1-OS9-/4 Sass92 Ot/04/66 101.]0 PEY P.-RA 12fis to 12121 at- 191-6469-IS 365592 OUWa& 10.i0 PERA 1e44 12/U To INN 91-U 6i -911-I3 3S5TIl 01/04/46 1.040.)2 P.-M PENR 12116 TO IN 29 It-9111-111-31 U5511 WGUS& 34.75 PENA P;to 42116 To 1L21 11-6141-I15-31 sss i92 01/08/80 299.11 PENA PEAL 12,16 to 1LS9 all-611t-121-31 U SS9T 91I06/86 166.23 Pi" PEtA -tits t0 12/29 11-6111-126-31 355592 Ul'OUS6 I12.21 PER& IENo 12116 TO 12121 01-6161-U1-33 USSfI O1/09/66 213.31 PENN P-49 tallM ro 12/29 91-114I-219-.2 365592 UI/06/86 S2.22 PENA PEat 1211. TO U121 al-6 N1-290-.1 U5591 11/06/66 120.39 PEA& PEAS 12116 TO IV21 •1-1iH-S1l-H 36sS31 01/02/06 97.36 PENA .;to I2I16 TO IL29 4161-319-11 U5591 01/69/96 131.23 PERA PIIA 12/l& TO 12121 73-6161-569-92 365532 01/0&/86 1S.93 PEAR PE04 H/11 10 12121 h-1H1-l10-93 2.900.31 . .0 u. ..._CRS • 3i3601 Ol/0B/84 9.36 PEAISON/ST:6E■ MIL -HE 01-4391-129-31 9.Ub • u.... •...CMS 365611 01/08/86 IOI.JS PEPSt COLAf IOP OTLi Aft PJi:N II-H2O-515-q 1H5 :ITT Of ORONO ]NEC! AL6[SfLR :1Eti NJ. .16TE AMOUNT 'CROOK li£N IEiCRIPTIOI � IA3.13 354511 U1/00/06 3.00 PERtls DEC- 4DZI $t "IT Alto IT3.00 Ssi511 01/08156 $5.30 CLNEI J `f£RSDN CO SWAIN CONSI 05.00 TO 315623 01/04/06 1.009.96 P2•N Alt a Assoc L-14L t°TAIMER 3SSez4 01/08/86 6.232.20 POP". "AIR A ASSOC C3011 A-P 16S629 01/08/66 169.50 POP..N MAIM S ASSOC CDM Stltf Skis21 01/00/86 *?.Do POPHAM MA16 a Assoc C31SOLf 365629 01/09196 259.50 PO^.AM NAIL a ASSOC CONSULT 35S620 01/08/06 10.S0 POPHAM Malt A ASSOC C3MS0LT 33S629 Ol/00/06 419.50 POP9AR Man a 455oc algal 12 CKR 365626 01/00/06 1.213.25 POPHAM "A It a . ;Jc CONSJLT 365'29 WWII. 700.30 POPNHf "All a .00 COMSOLT IN 3f 6z, Ol/U6/86 1.610.32 POPHAM "Alt A aS.00 C21ISJ0 36Pit9 01/06/0, 325..0 POPHAM MAIN a ASSOC CGISJLT 36ib29 03/09/96 al.OG POPHAM NAIL a ASSOC CONTACT 16.323.33 355633 01/09/9+ 30.00 PttltlE OF -SET PIT& •JIL 3i5554 01/09/46 30.00 PRAIRIE WSET Ptfi •JIL 60.90 365$i3 WWII, 5,0 R C INDENTITI]ATIONS 0° SJ••LIES 5.;0 - KID 36S066 01/00/06 15.00 RETti NGER IMOS OIL JtILlltESM 15.30 - � u.u. 3S56]] OI/OY/06 36.30 S93A:Y3GD ILL AURNCR 11il";N)S "I 36.00 Ji5109 01/00/06 ot.is SPRIIG MIL- CENTER SIR-' 2'VELOPMCMT 565133 01/00/36 22.25 SPRIIG 41" CENTER $TA•• SEYELOPREMT 355209 01/00/06 14.90 SPRIIG MILL CENTER STA•P OEIELOPNENT 355f09 01/08/06 14.00 SPRING ■1LL CENTER SfA.. 3E9ELDMIENT 315709 0I/09/86 14.00 SPAIN$ MILL CENTER Slag. 3.-.Vm .RERT 355209 WOMAN 14.16 SPORN 01" CENTER SIR-- DEIELO w 12-31-01 ICE SUN! W. (NY. ! •. U. I 4iS.b! Ihaa-ab9- 12 N 4S-4S31-432-00 •. uCR: at-4301-480-IA 01-4392-040-16 ot-4303-222-16 91-5303-IT4-33 11-4303-249-42 n-.303-29h62 n-.v3-m-n Ob.305-0.2-0 41-4303-042-00 49-.303-432-00 11-9303-515-90 11-4303-590-93 ....CMS 01-4322-031-12 01-4322-124-33 21-42(0-129-31 •..-CMS 7M4120-590-93 01-4343-049-11 D+-6 sfa-Os9-+z 81-.3%-I:9-s1 OT-A 3S6-2A9-A2 11-.]%-SIS-9A Ili. CTIT Of ORO\C I :4EJI %a. 041E ♦ 3:ifll 01/0418. f 3.3129 01/08/86 365290 01/o8/se 363140 01/09/4. 36S262 U1/08/96 35Sr40 01/08/96 31,Srlf UI/08/66 33SI16 01/08/96 .... • 3f5119 01/06/.. 0 ..•... SfSr.l JI/0i/86 365711 01/09/86 3SS/95 01/08/06 SST's a"Oslo. SlS 413 01/08/86 ...... 36181r 91/04/86 u•u• . 365421 01/09/86 :RE:C ALSISTEM 443J11 YE RDOR I/C4 )EfCR1 Pt1011 t 21.S0 229.50 0191-.-ETR3-C4EM DIST. ST3 of STOP 229.5a 2.SS4.21 IT ItEA-ST 93S lisp 4LD3 2]141 SM M0 2.554.2r 965.92 Dos STIEIC4ER Mass d:441\3 'YP 46.25 DO% STREIC4ER SJRS •.-A91I2 A" 3.33 304 SIREICiEft SUs3 d011•/•TS/ACCESS 79.06 DON SrOCIC4ER SJa3 1101YI.r S/ACCESS t.n1.23 2.720.15 T.JVE DIST C2 iLEA •Ji CR 1.60- THWE DIST CO ear tEr 2.r14.SS . 293.17 T44:f OIL :2 on LEWS 293.93 161.23 Till :ITY d11E :3 "TV- YJRCM 1.34- TdIM CITY disc CO die )ISC 159.96 . 33.SO UII°)IRS DILIRITED dEatT93 616.10 UWIRMS UNLIMITED 9-AS1s6 650.20 . 100.00 UAeAM LAND issr RER9EtS41P 109.3E 129.S9 YES3:0 INC Re? dslwa PLMT 09.54 IO.S2 0ILL46E CNEYRD,ET C441-1-116MCCit '2-31-65 Y94L I i_C 6U\1 MJ. I6Y. • Y.J. • a .e .. r2-4214-l49-11 01-1061-215-I3 0r 4t21-121-S1 flM ztl -1}tII Q-1t 3}-1i9-)l p-4}3}-12t31 I1-4812-itYla n-4613-MI-18 01-4221-126-31 01-4221-129-31 DIM JSI-931-12 I2-4345-5.1-91 91-4212-249-41 llfa :ITf OF OROMJ • :+L:a NO. CARE 31343a 01/061e6 • • S•S a. 01/09196 3i5954 01/01/6. • uu.. • li ii as 01/Of/A4 • ...... 3i 3f li 01/ad/en • • 33ff15 ul/ueles • uA... • 3U5109 0l/0e/0. • 3"IIOI 01/04/86 • 335302 01/ad/96 • 3.5903 31/e9/96 as J V Ul/Ud/06 as 33530f 6I/06/04 0O 3Sf/3e 0110913, MI/517 01/09/66 x:1i91 01/04/86 Yl :a RL.1 sI_A 14116t 0C vn 0A IIER 3E3EAIPTI OM ]6.]0 Y\9 VI94 IOF; NC COYV RE REAL 36.00 31.t" 1.ITC dEA. AAIML CO ARIMAL :ARE 311.3. 441,: sulk ANIMAL :O 4411446 -41ROL 350.11 56.00 VICMEA ORYi "1 9.I4/GR" 56.00 11.20 VRI0.1 MEM E._URIC YTI.ITIES 1L?6 299.93 21EILER INC E001•1.IS/ACCESS 299.93 Il-31.05 PAGE ACCOVMT 90. 1". • F.0. 9 MESSAGE ...-LA 125.40 Iv.TT FIRMS PITS •JOE O1-6122-OS1-I4 126.90 IIS.50 PAAa MICOUET OMEN "USULT 01-•3K-12?-:1 I1S.50 123.16 PETER FARM]A TRIP EMa 01-4320-119-31 129.36 2.190.00 AM •OL OEQUITMRI 214ER :O46ULT a1-4326-129-31 2.100.00 5.303.30 OAMLIRER SIARSLOY oHEO :34SUL7 01-.39h6.0-TI 5.000.08 62.33 019E RESCUE IVC EOJI./•TS/ACCESS 21-4?32-12r 31 62.3E $95.30 SJLLIVAWS SEWI SARIUIR COME •r 4531-432-ta SVS.00 219.11 SI TREAS IS TO FICA 12F16 To 12129 51-4162-039-1I 5.39 ST TRIMS SS •2 FICA WIG TO 12129 0l-U•2-HO-i3 ....CA . ••KR CA 1 I345 Carl Or OROIIJ f Ae:a ra. JArr N'IS•I 01/09/56 4. Tsar Ol/0a/86 ",Tsar 01/0A/a6 f ":Tsar U1/06186 N:rill Ol/08/66 0'155i OI/0a/96 AFssl 01/06/8• ":?so? 0//oe/as 4.1541 01/Oa/96 NJF55T 01/04/6. N: I551 0l/0a/AG a all a 4OUN1 G.61 176.50 12.12 65. J• 26S.66 353.95 61. T6 99.SO 3s.69 121.54 /6.03 I.SS2.61 50:6.2.1A 272z.95 100.90 5H•6.3• 9.3]6.10 3.204.16 1.430.55 975.23 11.159.51 -NEC, AEGISIER if RoOR ITE9 JESCRVTION $I MEAS SS FJ FLCA 12116 TO 12129 SI TAEAS Si FO FICA 12116 TO 12129 $1 IAEAS SS FJ FICA 12116 TO 12119 ST MEAS SS VJ FI:A 12116 TO IV29 ST MEAS SD FJ FTCl 1211, r0 12129 ST MEAS sl FJ Fla 12116 TO 12129 Sr TAEAS AS FJ F1:1 12116 TD 12/29 $T WAS SS FJ -1C4 17116 TO 12/29 ST MEAS AS FJ FICA 12116 TO la/29 ST I9EAS SS FJ 1I:4 12116 TO IV29 ST MEAS SS F3 FICA 12116 TO 12/19 FJIO 01 TOT II rJND 25 TOTAL FJVO 91 TOTAL FORD 45 TOTAL Pilo it TOTAL FORD F2 TOTAL FJVO 13 TOTAL FIND 11 TOTAL TOTAL I2-31-6, PAGE ACCiU99 Ma. IRG. i I.O. A L.SAG' 61-11•z-099-1• RANW i1-91 •a-iH-15 Ri1W1 01-NAT-Y 99-11 RARYA tl-1112-I1S-)) RAWA 01-11•a-Il•-3) RARu1 11-6Ma-Ml-iz RANYA O-N62-T90-N RARUI 11-94.2-315-11 R11A0 12-9142-s49-91 R& 13-91.2-561-92 RA%usrUA 14-N{2-590-9) R1441 GF NM. AL Mn A AM. GTROV ARE CONS FUN PER* •AOVE REVOLVING F I 2-EC ARM SSW FUR MEN I0 FUND WATER 0PERAIIG FUND $EGEt 0 0"ATING IN 63,F :OJ ISE OPERATING TO Lill :III OF M441 ONEC■ MINISTER 81-13-41 •.6t i :1ECC MB. DATE 14DJNI itw O. IIER nuetN10N AC03VNT W. INV. J. I M' S.. K• • 013803 Ol/0N/86 30.6o ATOM R:09E6S41F 91-6300-121-31 36.Do . 0 ....•. ....C'a 01102S O1/01/66 SS.30 AN SOCIELTT I43 SEC 4ERGER6NI0 61-1568-126-31 6 55.86 u•u. •..-L6. f O13021 Otto,/$. 174.90 A6MLE VALLET ASENCT 92ILEt INS Ol-13R-0N9-/1 IF1.00 f also?% St/01/8b 49.00 AN OATS■ WORKS ASSN R_RIERS410 6T-1 )N6-91t 11 49.00 6 _ •....• •..-Ili f 013163 Ot/09/8. 3.60 C3MERCIAL LIFE IRS LIFE INS 01-61S2-039-12 013143 61/09/86 2.10 COMERCIAL LIFE IRS LIFE IK 91-6252-669-IS O13133 O1/01/86 1.60 UMERC IAt Lli[ 45 LVE INS 11-4152-I21 31 f 013163 01/0914. 2.10 COMERCIAL LIFE In LIFE INS "•1S2-126-31 013161 01/09/8b 9.00 COMMERCIAL LIFE INS LIFE INS et 4152-129-31 0151.3 RI/09/Se 3.60 COMMERCIAL LIFE INS LIFE INS 01-6952-116-33 • 015143 01/01/66 5.40 COMMERCIAL LIFE INS LIFE INS 6bN N-219-1i Ot3163 01/09/86 .90 COMMERCIAL LIFE INS LIF_ INS 01-6152-290-61 U13163 01/01/Sb 3.60 COMMERCIAL LIFE INS LIFE INS R-1I12-915-90 • 013133 Oltolls, I.DS COMMERCIAL LIFE INS L3FL INS 72-6152-5.9-91 0131.3 01/09/5b 1.62 COMMERCIAL LIFE INS LIFE INi T3-6152-569-92 o13113 01/09/46 .10 COMMERCIAL LIFE INS LIFE INS Fh N52-S90-13 • 36.90 • O1326h 01/09/9. T5.10 63Vi FINAN:E 3FF ASN l99S 4E63ER SN[M 0I-1 l66-069-15 75.10 . • • OlS21i 01/0114e 160.S9 ,ROW HEAUH INC NE4LI1 INS 31-1151-126-31 01S2TS U1/09/86 206.38 6ROJ• MERLIN IN..- NEALIV I13 01-6151-129-51 3I3215 0I/09/83 68.15 GROW HEALTH INC MEALTN INS 61-1I51-11M33 • 013295 01/09/46 165.99 GROJ- STALIN tVC WWI INS 11-41SI-598-93 661.11 • Liu•• u.-CM• 0112F2 Ot/09/86 69.35 RED :IR HEALTH CARE NEALTt INS 61-6152-039-12 • 013211 01/09/Gb 61.35 NED :TR HEALTH CARL HEALTH INS 01-12S1-069-1$ 613211 61/84/86 61.85 MED CTR HEALTH CARE NEALTN INS 01-1151-126-31 OI3231 01/03/86 14i.01 NED :Ill HEALTH CARE HEALTH INS 01-4*51-1F6-33 • 0132/1 01101/86 292.32 RED :IR HEALTH CARE NEALTN t%S G1-4151-249-42 013217 81/0916s 69.85 RED CIA HEALTH CARE NEALTN INS 1b 1151-515--^' GL3211 011OWS6 58.40 RED :IN HEALTH CARE NEALTN 1M5 12-6151-S69-91 • 01327T 61/09,86 S1.Sl RED :Ill HEALTH CASE WWI INS 13.6161-S69-92 1J66 city Or ORJ11B f _ti:< rp. 7GrE f u u u f 615291 al/09/Bb 1 01 SJ8, el/e9/16 913396 01/04/6. 9 ! 0135.1 el/09/Bb 6133a3 01/09106 o13619 01/09/96 1 •u u• ! a1s1;3 Bvot/1• Y uuu Y 01 SaD9 01101/86 1 •u u• 015902 UI/0.196 t 01 N10 ot/09/e6 t i 713asb at/O9fa6 � u•u• 01 S•)1 91/09/66 t ouu 0t 1•)1 01/09/16 :NE:9 RLGISCe p-I1-9G Hbt a1009! Yf N001 ItE1 3E3CIf IfIN eCC OJNT ND. IrT. • •.p. • 1F Si G:r. flp1.•t ` F. SLR NENI CI! CUES PfRC •.45L8141P 31-9304-121-3I 50.09 •.•-r0s 11.15 INTL CITT ISUM GSSN 1a0431•ir JL:: 91-4241-019-12 6T.T0 INTL MY 1~ GSSN 1a0Ct1R1Jlci 11-0210-1tt-St 81.51 . GO.i9- INTL C006 LO1 012LS 1-19E1591P 11-•300-184-33 6/.00 INTL COOT -SLOG OFSLS 0'11:4S4t• 01-4.399-174-31 60.311 INTL COW-ILOG O<BLS 6_44r8S11P 01+9341-17M33 60.00 22.us /N JGCOB3 NIL' -AGE 01-4361-114-51 22.55 •w-C a) 1.391.91 SUS/N ELT.TRa%lcs IMAM% 4G046 OUT 91-•569-11t-31 1 •891.9i ±, T1v.00 L40CtYSG ES OS GIST 1ST LYR96 REMER34P 11-N0/-e21-II 2.241.08 So.00 11 G•OG 1996 K"$E1SAII 01-• Hf-D6t-is 10.32 15.91 RGSUSIN-JE•NNE E3JI•/•131GCCE SS J1-1)3I-I)•-1! 15.99 5.30 REf10 AREA MGM GSSN REROER111I 01-4180-039-12 5.08 11e312•lf VETO VAST: CNTROL JIN 9i 1NCC 73-1212 00o-Ee 11.312.10 ( 1196 City OF 000%0 SNECt RL6ISI=i 01-15-06 PAGE YECt 13. DATE 913DNT VE%DOA IfE% )ESCR[PfIO% ACC3INt NI. .IV. 9 '.0. 1 ", iAa f 0139V2 01/01/86 3.00 MINI ASS" 'IVIL DEE MERIE4341P 11-4381-t 13-33 3.00 013035 91/09/R6 7.03 MR BENEFIT ISSN NEALtN INS 91-6151-126-31 1.00 IT ...... •• t • 015526 O1/O3/B6 10.00 MINNESOTA FYI %ENS 80093/•ERIOICLS 01-6269-039-12 10.50 Ol3l3) 01/09/86 11.579.15 CITY OF MJJMD I.T OEM FIRE SERI 91-4317-132-32 12.379.13 • ...... ...-Ct: • 1135a1 01/09/86 50.89 MO &FAR CH.TR IC80 M]MERS4IP 21-63010-IT6-35 S0.30 • ...... •u.[RS • 013563 O1/O +I ee 62.AS MORTIMESTEIN SELL T[LE-B01E 01-6329-123-36 62a . .....• ....... 213311 61,09/8. 75.000.09 MORIIEST BAIR MILS %A %0435 OJE 2/I/96 62-0610-902-00 013571 01/0+/8e ?10.000.06 NORAESI BARK RMLS %A 30033 W.- 2/l/86 91-9410-903-00 • 013511 Il/0+/86 4.KS.2S HOMIEST $419 NILS NA I9T 3JE 1/1/86 U-6620-102-00 213571 OI/09/0. 28,113.73 %3RIEST FAIR NILS NA INT IJE 2/1/36 92-6629-963-00 i1Sa11 0110-196 2F.15 HOMIEST BAIR NILS NA ASE%f EVE 211/86 62-6631-962-00 511.264.65 013621 01/01/p6 622.I4 P1VfICIA%S HEALTH H`ALf. INS 01-SR12-608-00 013621 OI/0+/e6 145.49 PHYSICIANS HEALTH HEALtW 993 01-4151-039-I2 • 013621 01/03/R6 165.36 PHYSICIANS MEALY" HV LLN 113 91-615i-93Y 12 OI S621 J//09/ne '.S.S6 PHTIICIAIS HEALTH MEAL(I INS pl-q R-039-13 013621 OLI09/tl6 160.39 PMTSICIAO. HEALTH HE6Lf1 INS 91-6I51-121-31 • 113621 01/09/86 99.51 PHTSICIANS WEALTH MVILTY INS 91-6151-126-)I 313621 01/09/86 1.223.96 PHYSIC[AMS MEALY" MY LfM INS 81-4151-129-3I 013621 01/09/06 265.S6 PHYSICIANS HEALTH WEALTH INS 61-6111-119-l3 • OI3621 01/99/96 593.96 PHYSICIANS HEAL•• HEALII ITS 61-6151-261-62 213921 0I/99/66 145.99 PHYSICIANS MEAL MC W4 INS 61-6151-218-61 OU521 01/09/96 391.SS IATSICIANS MEALI HEALTH OK YI-•131-5\5-96 • 013621 O1/09/6e 10.26 PHYSICIANS MEALIH MEALtN INS 19-615t-S69-91 013621 @1109/96 347.30 PHYSICIANS WEALTH NEALIH IRS TY 6I51-569-92 3.936.89 • •u u. .. -CI. I196 C9fT of 001"a CHEL. Mo. DATE 213613 01/09116 O136.3 01/09/ai V 013643 010.14. 13a6S 00.19. /66 013613 O11/a91a6 N 013643 a./R6 011613 0tio1/09/a6 TV • 0u 412 81/0 0TIS%? Olfe. ,6 1%3992 O1/01/66 • }/3911 O1/J006 013992 al/03186 013102 01/a9166 • 01315) 01/09/86 • 313385 01/04/96 ♦ OI3tOr ♦ 013908 ol/G"a6 21190V 01/01/0. • 013910 01/0914. • 0139ll 01/04/86 • u•u• H"1582 01/09/86 • O}F592 OI/e9/a6 H'7581 01/09,86 ✓ 41/09/86 • • 61/04/06 �. 01104/66 O1/09/86 • NCI592 0l/0.186 A9lUTI ta.IF 22.12 21.44 3.10 23.11 5.97 5.11 •9.60 66.50 259. TS 39.T5 53.10 I1.f0 3).25 SSL T] i.30 OEDI RESISTLO 6LKDOR IFER /;SCRIPIIM PKUJ;MIIAL LIFE INS PRUDEOIAL LIP' It$ PRUDENTIAL LIFE 143 PNUOENTIAL LIFE 1V1 PaUD; of IAt Lt.- INS PAODENTIAt LIP; INS PRUDENTIAL LIN; INS NAFLKTA-CITY aF NAIEKTA-Cllf OF NATEKVA-CITE 0T VAVERTA-CITY IF VIIl/iA-CITY OF MATIAM-CITY OF VENT -LE LTC 8.-al VEHICLE LIC 4e 81 VEHICLt LIC R.-Of VEHICLE LIC A6-ar VEHICLE LIC 66-61 VEHICLE LIC 66-6/ H.-ST34KA CNM90 CM PERSERS41P CCOONT W. INV. 6 -.0. • 61 ;,A, OP9152-6A9-10 et -a 132-1 R-11 at-1192-121-SI 91-•I52-1N-12 TI-N52-O75-ro n-1152-519-n If-11S2-%1-9t 61-9 )13-IT1-3] ai-1 lT !-219-12 at-63e3-»a-at T+-Ue}.519-91 r3-qa)-u9-9z IM Na!-390-93 at-439e-028-11 10.00 MP!i 1i86 RHEA SAIP R-6300-]f9-II 33.00 25.00 OdM T.._IS M]NS; lBNV 0t-13e0-I15-31 I5.00 60.00 M CNTEF tr POLICE RE113E4S4tP 01-1340-129-31 69.00 121.00 MS9LINGTOR 00ATNERT OLD; ICIIAL 01-1332-099-1i 120.00 20.30 Wl 04 Sir[ TRRT REMERSNIP 21-1361-LF1-S3 20.30 3500 TWO% PUO_CINS O]OKSPCRIOOCLS 01-4240-116-35 35.10 C.% 26.13 L%CIf N C IDS 01-9153-029-11 96MUAL 13t.92 LOCIT VC [is 31-41% -039-I1 MANUAL 126.51 LRCIF a C gas Ot-115Y649-15 MNUALL 2.SIO.96 LOCIT RC INS 01-4153-121-31 MANUAL 3.606.78 LMCIT VC 1115 01-4153-126-31 MANUAL 12.095.46 LICIT NC ITS 31-41S3-129-3/ RAMDAL 2,083.31 THUS VC INS II-11153-114-33 MANUAL 9.119.55 LRC1f NC ITS 81-4153-219-12 RAMUAL I+9f CItT Of o00rJ C 1E:{ N]. OAtC I H:1f 1! OI/BY/!s a:I5a2 61/Ov/9e M-lf 9t O1/a\/Bn 9:ISB2 OI/01/ah O:ISH 0I/0 +/96 YC ISf\ 01/OY/9h 5:1590 611011eb 4:1545 01/09/66 e H:1596 01131/96 N tilifl 01/a1/16 H-1569 01/09/96 H:1393 31/00/66 8 4'1540 O1/0+/6 H919] at/W /86 H-i591 OI/a9/\b l H:7511 elfoil66 9-t391 at/01/S6 A71sti of/al/e6 l H:iis. 01101/eb 4I1592 al/0'119. � u•u• :YECA ALAI,•:• 19JJYT NENOM TfEN 1Ei:AtritM 9e1. {I L\Cll Y ITS 931.51 LOCif W: 145 1006.56 LICIT Y: Iti 1.463.21 LICIT Y: tH 410.16 LOCEf Y: l91 56064.OB 155d8 156.00 - 2/.01 21.19 54.18 - 9.Si 1.56 SO.i0 50.a0 - 1.4l9.90 29.59- 1..58.21 . 1..00.50 z9.eD- 1..11.80 1. V 0.11 29.10- 401.10 10.21- L 9SL b9 • I65.13- 196.13 Sa.291.99 S1/.269.65 6.311.09 1. T 2e.29 14.267.68 1.054.50 196,171.09 00 HEr. CY9A COLL OEM : IIE° HEM t 41EF V•S AN s3LLUTI2O 2D9N E3 P41LLIPS ED MILLIN JONNSON BATS JOHNSON O105 O'lALttl Will OJALITT MINE OUALI IT WIIE QUALITY MIME FECILESS WINE FEEILESS AT ME FIND DI TOTAL FIND 42 TOTAL FIND 71 TOTAL FIND 12 TOT4: FIND 71 TOTAL FIND 19 TOTAL TOTAL COO:/i:400LS C311 SC{OAs :MF S:IJAa F3S[ASE :OM' S:IOA was: 'WCA YIN! JISC NINE 'YICN YIN: SISC L14 'Jt-4 Lis als: Olv' 'WCH WINE 313C 40197 'Jtcd Mimi JISC ACCOHI M. 169. • il-a15]-190-N YNN4 II-61S3-SIS-9U AAMY•L NMYJL 7bY4113-391-91 1 11F569-9J AMU•L 16-.IS Yf9�93 AA•bA\ • .-(45 O1-1556-/iM SJ AAWAL 31-4354-039-1Z 01MI•L 21-9356.119-31 NAMYIL 01-4321-129-11 AAYJAL q-a%-%Ml? L4JLL 4912-513-99 AA%UAl '-9 at 3-SIS-Ye AY9Y•L n-aBl2-sfs-9c A•Nu •. II-a913-515-90 A•yLL Il-IAL-SI i-YY gYJLL II-HII-S15-9L LhJLL rl-ael2-v3-YY iBW AL tl-IIl 5-515-9/ AAWLL i1-NR-SI S-9U a•1wLL 11-. e1 ]-515-90 AA\aLL 4EME4AL F=0 I966-16 SPEC ASSANT FUND L19JOA OFENITIM FUND - 1Yi iC PUBLIC ATTENDANCE I CITY OF ORONO Cou nc,I MEETING DATE I I � 90 PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUR 'R NAME (please print) ADDRESS PRESENT FOR (from agenda) pia ( r A Ju CORN,<k -1a 17dv Haw Dr 354yfj �.._u_ Yee r' , � ,L, ado ,r./juCCN cef At ,Iyf ,`. O'ro Tg0trAWA Rb yd�� / . q AAsw IZ� c�501Is U PUBLIC ATTENDANCE L CITY OF ORONO COZ( •X<-, _ MEETi "fE j z j fr(-, PLEASE FT ')UT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORD,. NAME OR NUMBER NAME jpAease print) ADDRESS PRESENT FOR (from agenda) tl u' oo �N Pal # _ ----- �irlEs /!1°NAu�Ntn�/ �+L1.i�fu 6. r, i �. s� .A,r- - -+rope-�-^✓� li. u- 13. B. ib._- 17. 18. T nfo r ff, a-1- 1 orl rn.a .:.� —t:+e prtfEtiNiia INTER OFFICE MEMO DATE: January 6, 1986 TO: Mark Bernhardson, City Administrator FROM: Mel Ki ')o, Chief of Police SUBJECT: Request for internship The department has received a request for an internship from Mr. James Scutt Morrow, 1020 Xene Lane in Plymouth, Minnesota. He is 23 years old, has been a student of criminoloav at the University of Minnesota in Duluth and is a graduate of Wavzata Senior High in 1981. This inter:. period would run June, Julv and August of 1986. It is a part of :. ; law enforcement program. It us understood that the intern^,nip will not creates position, that Mr. Morrow will not be an employee and is not promised a nosit.!,,n. I would reauest permission to put Mr. Morrow on as an intern for June, July and August of 1986. TO: Mel Kilbo, Chief of Police FROM: Mark Bernhardson, City AdministratoP V The above reque for an internship at no cost is approved. December 2.,, 1985 Melvin Kilbo Chief of Police P.O. Box 86 Crystal Bay, MN 55323 Dear Chief Kilbo: 0*North Medical Transportation 1 Services i IA, Wea, P mono u,rW2 On the evening of December 21, members of your staff assisted Mike Parrish and Paul Knutsen of our ground ambulance staff. This was a situation in which Mr. North Robert Weiskoph, a patient at Twin Birch, suffered AI'Itdre a cardiac arrest secondary to aspiration of a foreign body. After Mr. Weiskoph was stabilized, your staff MMN 1 tA'247i l9 further assisted us in delivering him to th, hospital O M IAW328-MV by securing the lancing site a: water patrol. Mike Bacchetti, flight nurse, and I assumed the care of Mr. Weiskoph and delivered him to the emergency department at North Memorial. Mr. Weiskoph was admitted to the ICU in a stable, but comatose condition. As of last evening, his condition had not changed, probably due to the lack of oxyven through his arrest. He was made HNR. I would like to ask you to extend our thank you to North your staff for the much valued assistance in caring Ambulance for this gentleman. There are so m.,ny times we have occasion to work with your fine staff that it often becomes "just another part of the job", yet I would like to reinforce that it is the degree of cooperation that has evolved over the years that makes all of our ts•,r- just a bit easier. It is that cooperation that gi..s us a better chance of being of benefit to patients like Mr. Weiskoph, occasionally being able to help offer them a prolonged and productive life. Again, thank you to you and your staff. If there is any way we can be of further assistance, please feel free to contact us. I have enclosed my card for your North reference. MedlVan ��'/ Sincerely yours, 1 J f y7 11 Flight Paramedic North Air Care s0, V JC/bat A b . ..,A Mx T MMt+•Y M1MO,wi (rKr MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 16, 1985. PAGE 1 ATTENDANCE 7:15 PM The Orono Planning Commission met on the above date with the following members present: Chairman Callahan, Goetten, McDonald and Kelley. The following members arrived at 7:25 PM: Sime and Taylor. Rovegno was absent. The following re. -esented the City staff: City Administrator Bernhardson, Building and Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron and City Recorder Naab. ZONING AMENDMENT PUBLIC HEARING - 7:17 PM Zoning Administrator Mabusth noted the affidavit of publica- tion and the certificate of mailing. 510.03, Subdivision 9 (D) It was moved by Chairman Callahan, seconded by Kelley, to with approval of 510.03, Subdivision 9 (D) to allow staff to amend so as to address the problem of the lakeshore lots that are split by a road. Motion, Ayes 4, Nays 0. 510.03, Subdivision 18 (A) It was moved by Kelley, seconded by Sims, to review S10.Oi, Subdivision 18 (A) i (B). Staff to review ordinance and advise Planning Commission as to the need for this section. Motion, Ayes 4, Nays 0. 510.03, Subdivision 21 It was moved by Chairman Callahan, seconded by Sims, to amend this section to read as follows: •. serving such a building. Any moveme•.t of 100 cubic yards or more shall be referred by the Building Inspector to the Planning Commission and Council for action in accordance wi:.h this Chapter.' Sime suggested that this section be re -drafted so that staff has more discretion so as not to have to direct everything to Pianning Commission and Council and eliminate costly delays. It was moved by Chairman Callahan, seconded by Guetten, to amend to read as follows: `Any unusual earth filling, removal or grading proposed by a builder shall be referred by the Building Inspector to t1 , Planning Commission and Council for action in accordance with this Chapter. ?]Qrmajlv earth Motion, Ayes 6, Nays 0. MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 16, 1985. PAGE 2 6997 EUGENE G. ROSENTHAL 660 TOMRAMA ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 7:45-7:48 PM Zoning Administrator Mabusth noted the affidavit of publication and certificate of mailing. Gene and Nancy Rosenthal were present. There was no one present from the public for the hearing. Goetten asked the applicants if there is a riparian access. Zoning Administrator Mabusth stated that this is a non - riparian lot. Also, the County will receive an addition 7' of right-of-way, totaling 801, because of the sharp curve. It was moved by Kelley, seconded by Goetten, to recommend approval of the preliminary 2 lot subdivision for Eugene Rosenthal based on the following conditions: 1. Dedication of additional 7 feet of right-of-way for County Road 135 - approving a total right-of-way of 80 feet along curved section of roadway. 2. Access to new lot must follow guidelines of Hennepin County Highway Department - 75 feet to 90 feet west of shared lot line. 3. Access permit must be obtained from Hennepin County Highway Department prior to application for building permit. C. The newly created lot has no riparian rights. Motion, Ayes 6, Nays 0. 6990 NAURREM S. BELLOWS 265 SOUTH BROW ROAD PRELIMINARY SUBDIVISION PUBLIC BRARING 8:03-6:06 PM Assictant Zoning Administrator Gaffron noted the affidavit of publication and certificate of mailing. Mr. Bel lows was present. There was no one present from the public for the hearing. Assistant Zoning Administrator Gaffron noted that he had received a letter from an adjacent property supporting the project whicn Chairman Callahan read (Exhibit A). Kelley stated that he does not care for the meandering lot lines. MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 16 1985. PAGE 3 1998 MAUREEN S. BELLOWS Assistant Zoning Administrator Gaffron noted the reason for the meandering lot lines was to fit the septic system and alternate system into the lots. It was moved by Kelley, seconded by McDonald, to recommend approval for the preliminary subdivision of Maureen S. Bellows finding that the proposed subdivision meets all septic standards set forth in the. Orono On -Site Code and meets the standards of the RR-1B zoning district, and that each lot is of a size and configuration that will allow the construction of a single family residence without the need of setback variances, such approval is subject to the following conditions: 1. Dedication of the standard drainage and utility easements along all property lines. 2. wetlands to be described on the plat as drainage easements and dedicated to the public - a conservation and flowage easement shall be required over, under, and across the wetlands. 3. Proposed home and all accessory structures on Lot 1 must meet all setback standards of the RR-IB zoning distict. 4. Applicant must obtain access permits from Hennepin County prior to relocation of the driveway. This is to be a shared driveway, serving both lots. 5. Dedication on the plat of a 33' corridor for right- of-way for Brown Road. 6. Park Dedication Fee of $200 for the 4.98 acre newly created lot. Motion, Ayes 6, Nays 0. #967 i #968 JOHN S. IDSTROM 2500 FOX STREET PRELIMINARY SUBDIVISION i CONDITIONAL USE PERMIT CONTINUATION OF rJBLIC HEARING No one was present for this application. It was moved by Chairman Callahan, seconded by Sime to table this application. Motion, Ayes 6, Mays 0. MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 16, 1985. Pi -GE 4 #979 DONALD C. WILDMAN 280 WAKEFIELD ROAD APTER-THE-PACT SIDE SETBACK VARIANCE CONTINUATION OF PUBLIC HEARING 11:16 - 11:20 PM No one present for this application. It was moved by Sims, seconded t, McDonald, to recommend approval of the after -the -fact setback variance application of Donald C. Wildman based on the following findings: 1. Most affected neighbor has not appeared in opposition to the location of tennis court. 2. Suitable area for septic expansion has been located on property. Approval is subject to the condition that applicant obtain after -the -fact "penalty" permit for tennis court at $237.25. Motion, Ayes 6, Nays 0. #983 WALTER i MARILYN PEMBERTON 3580 WORTH SHORE DRIVE VARIA'"t:RS THIRD ARVIEW Assistant Zoning Adminintre-or Gaffron noted the affiaivit of publication and certif to of mailing. Walter and Marilyn Pemoerton were present. Lou and Marilyn Fegers of 3590 North Shore Drive were present from the public. Kelley stated his concern for approving this application -en the proposed house does not meet the City and State Building Code. Assistant Zoning Administrator Gaffron noted the reason this type of house does not meet code, per Building Inspector Tom Jacob's memo, it that it cannot be inspected because it is penalized cons ruction and wall sections are already con- structed before they arrive on the site. Mr. Pemberton explained that this type of house comes as a she,: The electrical, plumbing etc. is not included, thus it can be inspected because everything is not enclosed. It was moved by Kelley, seconded by Sime, to recommend apprcval for Walter and Marilyn Pemberton for the following variances: side yard setback for garage only of 5', hardcover yr farce of 20e in the 0-75' zone, hardcover variance of $ in 75-150' zone, and an average street set- back for the _ck only of 1' based on the restrictive lot size and ant ject to the following conditions: MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBBR 16, 1985. PAGE 5 1983 WALTER H. PEMBERTON 1. To limit the fill in the 0-75' zone to only that necessary to accomodate the garage and driveway back-up apron. 2. The proposed house must meet all specifications of the Building Inspector of the City of Orono. If the house changes in proportion, the applicant must come back for review by the Planning Commission and Council. 3. Applicant must inform the City of the date of which the fill will be delivered to the lot. 4. Front deck must remain as an open deck - it cannot be enclosed. 5. Staff to secure proper erosion control. Mr. Pemberton questioned if no fill is required, because of the push back of the garage, will staff still have to monitor. Kelley stated that yes, the City still should be notified at that point. Motion, Ayes 4, Nays 2. Chairman Callahan opposed the motion because the lot is too small for the proposed house and garage, and the variances could be eliminated if the applicant were to build only on the existing foundation. McDonald also opposed the motion based on the same findings as Chairman Callahan and also the City should maintain a mix of housing, all income levels and family sizes. 4987 ROBERT J. BAUMAN 1040 TONKANA ROAD VARIANCE SECOND REVIEW Robert and Joan Bauman were present. Bob Gasch of 291;0 Fox Street and Marge Gasch of 1030 Tonkawa Road were also present from the public. Assistant Zoning Administrator Gaffron presented the Commission with a letter submitted by the Marge Gasch which Chairman Callahan read (Exhibit B). Kelley clarified that there is no need for a hardcover variance because of the trade-offs done for a pre•:ious appli- cation and the only variance needed is for average lakeshore setback. MINUTES OF THE PT.ANNING COMMISSION M, f.O DECEMBER 16, 1985. PAGE 6 4987 ROBERT J. BAUMAN Marge Gasch stated that when a variance is gra ted the Commission must find a hardship. She can find no hardship for building an indoor swimming pool. Mr. Bauman explained the pool addition was designed this way because of the existing slope of the land. Their hardship is that they have 4 small children who all love the water, and cannot swim in the lake during the winter. The lake at the end of the lock area is much too deep for children of this age. The reason for putting the pool on that side of the house is that is will be used for entertainment :nd the lower level is designed for that purpose. If the pool was located on the other side of the house, you would have to enter the pool area by going outdoors. The o'cher solution would be access through the garages which contain power tools, etc. Just because no one else has a pool in the area, does that mean r Ie cannot have a pool? Some of the homes in the area have tennis courts, or gyms etc. Chairman Callahan noted, for the record, that Marge Gasch is correct in her comment regarding the other neighbors in opposition. The Noltings were present at the last meeting to express their opposition. Goetten asked the applicant why the variances were not requestc.: when grade changes were applied for in August of 1985. If everything had been done together, the Commission may have a better understanding of what is going on with the property. Mr. Bauman noted that his family has lived there for just over a year. When they originally started the additions, staff was able to make trade-offs with hardcover, thus eliminating the need for extra variances. At that time the pool was a long range g" '. after the first portion of the construction was done. .. sistant Zoning Administrator Gaffron suggested at the ti^e the garages were built, the applicants come in for a variance for the pool. It was moved by Taylor, seconded by Kelley, to recommend approval fnr Robert J. Bauman for a variance to the average lakesho setback for the pool addition based on the followin., .indings: 1. There is no other feasible location on the property for the pool addition. 2. The way the pool is being designed does not Pubstantually encroach on the neighborinq properties. MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 16, 1985. PAGE 7 1987 ROBERT J. BAUMAN 3. The applicant has shown that the hardcover can be removed so there is no net increase in the hardcover in the 75-250' setback zone. Condition of approval is based on having the necessary land- scape plans available at the January 13th, 1986 meeting. Moticn Ayes 5, Nays 1. Go tten unposed the motion findings there is no hardship for the applicant, encroachment into the average lakeshore aback line causing sighting problems for the neighbors, and there may be more requested variances on this property for the future. 989 HENNEPIn JUNTY DF�kRTMWf OF TRANSPORTATION BENDRICKSOV ACL'FSS CONDITIONA_ UFE PERMIT SECOND REVIEW CONTINUATION OF PUBLIC HEARING 11:10-11.:16 PM Ong Administrator Mabusth noted the affidavit of .ication and certificate of mailing. .+o one was present for this application. Zoning Administrator Mabusth stated that Police Chief, Melvin Kilbo, has received no complaints on the lack of satalites, trash cans, and lighting. would not suggest any additional cleats to be prov' because this is not the function of the landing, only to _ wide access for boats to get in and out. McDonald felt that now is the time to request lighting for boaters for the healt:' safety and welfare of citizens. There presently is no M, 'ing at this landing. Kelley oppose' the lighting heca,:se it would only increase more traffic c ding and going at all hours of the night. One of our main goals is to control intense use o. the lake. Zoning Adm!n:strator Mabusth noted some of the major problems are not enough parking, �raff'c hacked up i County Road 51, and no handicapped parking available (to be installed next yea.). It w.s .novea by Kelley, seconded by Sime, to re^-mm4nd approval of the ^odditional use permi. applicatton if the Hrcuepin County Department of Tr;nsportetion for a proposed sea wall of approximately ' feet in length &long the shore- line, adjacen' to the Hendrickson boat ramp subject to the to] lowir7 condLt:ons: MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 16, 1985. PAGE 8 #989 HENNEPIN COUNTY DEPARTMENT OF T^ANSPORTATION 1. Pentachlo: .i.nol treated timbers to be used in constr,-'-.ion. 2. Granular fill - n only be used for backfill - dredged material to . moved from site. 3. A q .ie filter fabric to be used behind '-,e metal ae.. Motion, Ayes 5, :` , a 1. McDonald opposed the motion because she w-uld like to request that at least one light be located at the ramp for the health, safety and welfare of all citizens. She added that there is new subdued lighting available from NSP. 8942 CITY OF ORONO CM "TY ROAD 15. AND SPATES AVENUE C , ITI0N.'1L .. 8 P-A' IT AND VARIANCE ^)NTINUATION OF PUBL, BEARING 7:51-8:02 PM Zoning .Amini.strator Mabusth noted the affidavit of publica- tion and certificate of mailing. Chairman Callahan erl_aineo that .his application involves the access next to Paul's L� ,1-ng at the end of Spates Avenue. The City is seeking to meke the access safer :,y filling and raising -he grade to the ^ounty Road. Zoning Administra Mabusth cl.--i.fied that the proposed slope will be a s. ht? steeper slope than the existing, however, it wl11 b- m- grt Ioa'ed with idequate stopping area at the top. Assistant Zonir, A3tinistr+tor Gaffrun stated that. the LP tanks located at Paul's Landing wil, be removed •s soon as Panl's Landirq has cea:. a be in operation (Dec...:. or 1985). It was moved by Goetten, seconded by McDonald, to recommend approval of the.ty of Orono's application for a conditional use permit and variance to permit filling and gradio-: within 75 feet of the lakeshore based on th.; following fi. ' -s: 1. Improvement will result in greater safet,• users of :eke access. 2. Improve gent will facilit,te access owf lake. Conditions of a• -i: 1. Staff t ..,.k with marina opet_tor tc remove a.I oostacles deemed obstructions to sighting, r clflcally the LP tank. 2. Ci•y to use al necessary erosion co:,trol measures prior t: and after imprm ment. MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 16, 1985. PAGE 9 #995 JOE DURDA/JOAN ANTHONY 3135-3115 NORTH SHORE DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 9:15 - 9:42 PM Zoning Administrator Mabusth noted the affidavit of publication and certificate of mailing. Clifford Reep was present to represent the applicants. There was no one present from the public for the hearing. Mr. Reep explained the reason for this application is aethetics, }�ecause the shoreline has eroded due to animal action, and need for dock structure within the lagoon for the boat. The wooden sea wall has deteriorated to the point of almost collapse. Dedging to be done will be about 2 1/2 feet to a depth of 4 feet (925.4 maximum aIlowed by DNR). 1550 cubic yards of fill. will be removed from the site. Durda proposes to construct a dock in the lagoon and the LMCD has approved the permit for this dock (6x32'). Kelley asked hew big the replacement trees wili be. Sime noted that the trees which are being requested to be removed definitely are a hazard. 3" diameter trees should be an adequate replacement. It was moved by Taylor, seconded by Sime, to recommend approval for Joe Durda and Joan Anthony of a conditional use permit for repair of existing sea wall and the removal of four mature trees within the lakeshore based on the following findings: 1. The existing sea wall is deteriorating and creating potential navigable hazards and erosion problems. 2. The trees are in a hazardous condition and pose a threat of property damage. 3. DNR has already approved the permit for the dock in the lagoon area. Conditions of approval are as follows: 1. Dredged material is to be remvoed from site in the manner of past, practice. 2. Durda to plant three (3) 3" trees within lakeshore. 3. Applicant to obtain building permit for sea wall. 4. Applicant to obtain a building permit from the City for the permanent dock. 5. Erosion control while building sea wall. under the supervision of the City st,�tff. Mot icn, Ayes 6, Nays; 0. MINUTES OF THE PLANNING COMMISSION MEETING HELD DECF24BER 16, 1985. PAGE 10 #996 JAMES MCNAUGHTON 1800 SHADYWOOD ROAD VARIANCE PUBLIC HEARING 9:42-10:03 PM Assistant Zoning Administrator Gaffron noted the affidavit of publication and certificate of mailing. James and Carmen McNaughton were present for the application. There were no other members from the public present the hearing. Chairman Callahan clarified that this is the property that was recently divided by Johnstone/Barth. Goetten noted that this is the reason why she was opposed to the subdivision in the first place. Now the property needs a hardcover variance for the driveway. Sime noted that approval of the subdivision was based upon the condition that the developer install the driveway as proposed to the Planning Commission. Mr. McNaughton cited that the originally approved driveway was a "mono slab", which has been proven not suited for this climate. The alternative is nothing which could erode very fast because of the terrain of the lot. Also, there should be some sort of turnaround provided so one does not have to back out onto County Road 19. It was explained by Assistant Zoning Administrator Gaffron that the builder had installed a gravel. drive. When staff found this out, the builder was notified that this was not approved and would have to be removed or would require a variance. To date a Certificate of occupancy has not been issued but since the McNaughtons are the current owners they would be the ones this would affect. McDonald noted that new owners should not be penalized because of mistakes made by previous owners and this should be addressed at a joint Planning Commission and Council meeting. It was moved by Kelley, seconded by McDona : d, to recommend approval a hardcover variance for James McNaughton to pave driveway and backup apron subject to reducinq the hardcover to 35% within the 75-250' zone. Motion, Ayes 5, Nays 1. Goetten opposed the motion based on her opposition to the original legal subdivision of the property. MINUTES OF THE PLANNING COMMISSION MEETING HELD P'.CF.MBER 16, 1985. PAGE 11 i999 EVAN R. MELINF. 3598 NORTH SHORE DRIVE VARIANCES PUBLIC HEARING 10:03-10:34 PM Assistant Zoning Administrator Gaffron noted the affidavit of publication and certificate of mailing. Even Meline and his associate Bennett G. Belden were present. for this application. Lou and Marilyn Fegers of 3590 North Shore Drive were present for the pubi-c hearing. Mr. Moline commented that the foundation is still remaining because they felt by capping the foundation through the winter it may not shift as much. Also, this should eliminate water running into the foundation in the spring. Mr. Fegers congratulated the applicants un their achievement of tearing down the old house. He had no opposition at this point to the proposed house. Mr. Meline continued to explain that property to the west is currently owned by the Hennepin County Department of Tran- sportion. He has tried for months to acquire this property or a portion of it. This is still pending. At this point there is no plan for a garage, which may be considered if additional land is acquired. Currently, owner would have to back out onto County Road 51, but there is a shoulder which extends out so as not to back directly outinto a lane of traffic. Kelley suggested that should additional land be acquired, perhaps the garage could be located on the Fegers side, thus both properties would have a backup and construct a 1/2 moon - shaped drive at the end to eliminate backing onto County Road 51. It was moved by Chairman Callahan, ser—ded by Sime, to recommend to table application for a varia "or Evan Meline until the February Flanning Commission nq until the applicant has the information he is waiting -r. Motion, Ayes 6, Nays 0. #1000 WIIJAAM WEAR 2160 WAYZATA BOULEVARD VARIANCE PUBLIC HEARING .10:34-10:40 PM Zoninq Administrator Mabusth noted the affidavit of publication and certificate of mailing. William wear was present for this appiicat ic,n. Tht're was no one pt esent from the public for the hearing. MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 16, 1985. PAGE 12 #1000 WILLIA14 WEAR It was moved by Sime, seconded by Goetten, to recommend approval of a variance for William Wear for a 78 s.f. of additional signage for. the Orono Shopping Center based on the following findings: 1. The location, height and size of sign will not impair the safety and welfare of the public. 2. The current zoning standards are not compatible with demands of sho*)ping center use. A- proval is b.3sed on the foilowinq conditions: 1.. All exterior signaqe is to be restricted to areas approved by City - building signage and 2 directory signs. 2. All other independent signs in front island or landscape zone are to be removed. Temporary sign permits are required for the use of protabl.e signs on property. Such signs must be stored inside when not in legal use. 3. Applicant to provide update landscape plan for 1986 spring season. Motion, Ayes 6, Nays 0. #1001 CHARLES GARRITY 2701 KELLY AVENUE VARIANCES PUBLIC HEARING 10:40-11:03 PM Zoning Administrator Mabusth noted the affidavit of publication and certificate of mailing. Charles Garrity was present. William Dunkley of 2709 Walters Port was present for the public hearing. Zoning Administrator. Mabusth explained the applicant needs an area variance, setback variance And hardcover variance. She noted that there is a gravel drive that enters off Kelly Avenue which is not shown on either survey, thus creating an existing excess o: hardcover on the property. This gravel drive is already included in the calc,jlations (38% proposed - 8• over). The blacktop c,ominq in from Walters Port will be removed. MINUTES OF THE PLANNING COMMISSION MEETING HELD DECF24BER 16, 1985. PAGE 11001 CHARLES GARRITY Mr. Garrity established that there will be a 4 car garage. His family has currently 3 drivers and they have a boat, which they would prefer to store in the garage ratter than on the property. The house has been placed in this position (thus requ4.ring the side yard setback) because of mature trees which they are tryinq to save. Goetten concurred that th- garage could be cut down to reduce the hardcover percentages. Kelley agreed with Goetten, stating that applicant can build whatever size house/garage he wants as long as he stays within the Ci.ty's standards. 7oning Administrator Mabusth stated that would only force the applicant into moving the house further into the 75-250' cone, not forcing him to change the size of the house and forcing him closer to the lake. It was moved by Kelley, seconded by Taylor, to recommend approval for a lct area variance of 38%, a side/street set- back variance of 25 feet or 71% and a hardcover variance of 88 within the 250-500' zone for Charles Garrity based on the following findings: 1. The property has contained a residence since 1902. 2. Sewer and water on the property is available and has been assessed and paid tor. 3. Previous residence was located 15 feet from Walters Port Road. 4. To relocate house further west would require the loss of several mature trees. Approval is subject to the following conditions: 1. Applicant is hereby advised that a future Council may not approve setback or hardcover variances for this property in consideration of the total hardcover and location of house on property. 2. The applicant is put on notice that no additional hardcover he placed in the 75-250' zone. Motion, Ayes 5, Nays 1. Goetten apposed the motion fee inq the garage could be cut down, thus reducing the need for variances. MINUTES OF THE PLANNING COMMISSION MEETING HI -'ID DECEMBER 16, 1985. PAGE 14 41.002 MRS. F.C. LYMAN 825 SOUTH OLD CRYSTAL BAY ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 11:03-11:10 PM Assistant Zoning Administrator Gaffron noted the affidavit of publication and certificate of mailing. Fred C. Royle, builder, was present to represent the appli- cant. No one was present from the public for the hearing. It was Goetten moved, seconded by Sime, to recommend approval of a conditional use permit for Mrs. F.C. Lyman to construct a guest house finding the proposal meets all the requirements of Section 10.20, Subdivision 3 (G) and subject to the standard requirement that the structure may not be rented out. Motion, Ayes 6, Nays 0. RESOLUTION OF 1986 CALANDER It was moved by Chairman Callahan, seconded by Goetten, to schedule the February Planning Commission meeting for February 18th, 1986. APPROVAL OF MINUTES It was moved by Chairman Callahan, seconded by Goetten, to approve the minutes of November 18, 1985 Planning Commission meeting as submitted. Moticn, Ayes 6, Nay COUNCIL MEETING RENRESBNTATIVB Goetten volunteered to attend the January 13th, 1986 Council meeting to r-oresent the Planning Commission. EXHIBIT..71 L DEC 16 to 1995 Fox Ridge Road Long Lake, Minnesota 55356 December 13, 1985 Orono Planning Commission 1335 S. Brown Road Crystal Bay, MN 55323 I ,side at 1995 Fox Ridge Road and our property is across Brown Road from the Bellows residence at 265 Brown Road. I "eve seen the plans for the subdivision and am in agreement it's a good idea. The current driveway to the Bellows property is at the crest of a hill on Brown Road and I'm especially in favor of moving the entrance to the subdivision further north. Sin rely, Paonon Hack December 15, 1985 To! Orono Planning Commission Proms Marjorie F. Gasch 8Es Variance for 1040 Tonkawa Road We have lived. in -,..4r hOTe (1030 Tonkawa Road, just north of the Bauman's) for 30 years. We expect our home to be in the family for many years to come. We are ^)ncerned about the application for a variance at 1040 Tonkawa Road and its effect on our property. While we have no objections to a pool on that property, we are opposed to the grunting of a variance for a pool structure beyond the site -line. Our opposition is based on the followingt 1. A variance is granted because of a hardship. What is the hardship in this application? 2. About six months ago the Baumann built a large addition on the west side of their home for a studio and additional garages. If an enclosed pool was important to them, then that site should have beer. considered. 3. Four of the adjacent neighbors al- opposed to the variance. To my knowledge, no neighbor has vtated suop-_jrt of it. 4. There is no ether enclosed pool in this neighborhood. Thank you fir your consideration of --ir concerns regarding this vFari --e. 1 Wife /nCt1k` }�t►'!� �Cc:�C.' `7,fLt )17Lf n [.L`I1 I )',i mu, X, I I t�Y„c•� /� )mot d .. TO: Pu :iN 1 NG CO!'.: UA MEMBERS FROri: MARY BUTLER' DATE: 7 jAiiUARY 1 Jf;u SUBJECT: REASONS BEHIND THE HIGHWAY 12 CORRIDOR STUDY Some of you might recall the initial c:onversat;ons that the Staff had several months ago with Mr. Cliff Otten regarding his desire to relocate his nusery business to lar^er within Orono. Further, he wanted 'o maintain close proximity to his current operation in Long Lake. Any znd all of h4s proposal required C-U-P or rezoning, major changes to current land use configurations. As a result of the discussions generated amongst the Council members at that: time, it became apparent to the Council that some serious thinking needed to be done regarding the Highway 12 areas of the city. Some of the givens that we had at hand at trre time included: the creation of increased tr°ff c as a result of the upgrading of 12 to 394; realizatian of the. demdnas _riat would follow the hiway upgrade; a desire to be prepared for any increased development pressure rather then reecting in a panic mode.; some degree of common sense regarding the existing zoning in that area. What I hope to achieve as a result of this study is a well defined, articulate set of development standards and principles that clearly delineates the wishes of the community. I would like to see us do any development 'our' way, rather than at the whim of some judge. The end result of the study could very well be to retain everything as it now is, (i doubt that) but we will all be getter served with an up-to-date review of snare very desireable property and a realistic approach to what will happen ir the future. Whiie I have not heard any voices decrying the current philosophy, the Coop. Plan is subject to constant review and updating. For the area in question, the time is right now. �� ', 9Vy4'rgpi.,•.. FSa1t- i0.P i +I4 y�quo (ueR I .MO i4iub vlels rI rK li Y M .t1t10. w4oii7 n Ila& Sao _ 14�•l IIIS-9 _ - 26-° —gyp ��%� IoSy�.ltYtiwd•e�lGvue q' a�uNr✓s (.�i y1wTaN b' �. T• w) S!T AW WIN°bW4L-Oft4 'ra�• YL"APaVi 1JO1w+�L .#/00/