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06-09-1986 Council Packet
I MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 ATTENDANCE 7:04 P.N. The Orono Council met on the above date with the following members present: Acting Mayor Adams, Councilmembers Grabek, Frahm, and Hammerel. Mayor. Butler was absent due to illness. The following represented the City staff: City Administrator Bernhardson, Public Works Coordinator Gerhardson, Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Blatz was also present. CONSENT AGENDA* It was moved by Councilmember Frahm, secon&,.,d by Councilmember Hammerel, to approve the Consent Agenda* as submitted. Motion, Ayes 4, Nays 0. APPROVAL OF MINUTES' It was roved by Councilmember Frahm, seconded by Counci lmember lammerel, to approve the minutes of the May 27, 1986 Council Meeting as suL• i tted. ""otion, Ayes 4, Nays 0. It was moved by Councilmember :Frahm, seconded by Councilmember Hammerel, tc approve the m:nutes of the 1986 board of Review Meeting held on May 27, 1986 as submitted. Motion, Aye:. 4, Nays 0. PARK COMMISSION COMMENTS There were no comments from the ''ark Commission at this time. PLANNING COMMISSION COMMENTS Planning Commission member J. Diann Goett.en 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: i990 WARD FERRELL 3405 WATERTOWN ROAD VARIANCE DENIAL RESOLUTION City Administrator Bernhardson reviewed the three options in this applic:at.ion: 1. Adept denial Resolution are draft�-i. 2. Table the matter indefinitely jpoa request by appleiant.. 3. Allow the applicant.. to revise his application to a 1-additional-building-site request. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 #99U :::.aD FERRELI, continued Ward Ferrell. and his attorney, Jerry Rice, were present for this matter. Mr. Rice stated that he is familiar with the area in question because he lives in the area and also holds a contract for deed on property across the road from applciant's. He stated that he has researched the matter and feels there is a substantial issue of equitable estoppel involved and that. this lb a special situation based on an old promise by a Mayor. He stated that Mr. Ferrell is prepared to proceed with a legal suit if necessary. Councilmember Frahm asked applicant if he wanted the Council to act on the request. for three lots, not considering any alternatives. Mr. Fccrell stated that was correct. Mr. Rice stated that they would be agreeable to Council tabling the request in order. for Council to think about it. City Attorney Blatz wanted the record clarified regarding the apparent. conversation between Mr. Ferrell and Planning Commission member VanNesr_, she noted that the record was researched and found no indication that word was given to Mr. Ferrell that hE, could plat his property accordingly and the code would not apply to I II, m. She also noted that there is case law whereas the court ruled that regardless of indications made by a past council, the current council must upho> >e ordinances. Mr. Rice clarified that he was referrir.y to the word given by Mayor Ross when Mr. Ferrell platted his property. Acting Mayor Adams stated that he was always told ti_at one council can not. bind future councils. It. was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve the denial resolution as drafted to be adopted June 9, 1986. At this point, Mr. Ferrell and his attorney were given the opportunity to request tabling this matter to reconsider the request for 2 additional houses. Mr. Rice stated that he would like the matter tabled in order for him to consult with his client, Mr. Ferrell. City Attorney Blatz stated that she would recommend tabling the matter if the Council's intent is to allow applicant to modify his application for 1 additional. house to be constructed on his property. 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1.986 #990 WARD FERRELL continued Councilmember Frahm withdrew his motion. It was moved by Councilmember iammerel, seconded by Councilmember Adams, to table this matter at this time. Motion, Ayes 4, days 0. #991 A #1018 WILLIAM J. ULRICH 1535 i 1595 BOHN'S POINT ROAD AFTER -THE -FACT CONDITIONAL USE PERMITS RESOLUTION #2004 City Administrator Bernhardson reviewed the conditional use permits and variances and the drafted resolution addressing the following items: berms are limited to 3- 1/2' with no fences on them, staff has devised standards for the drainfi.eld anJ the plan will be approved in accordance with those standards, alteration of the lagoon, fill between the the two prop- rt ies, and letter of credit and developers agreement has been secured. Staff recommends adoption of the resolution. He noted that Planning Commission will review the requests for a geothermal system and extension of seawall in lagoon at their June 16th meeting. Present represent'ng applicant were: Attorney Gregory Halbert, Surveyor Mark Gronberg, and Engineer Don Brauer. Mr. Halbert stated that they have reviewed the proposed resolution and request amendment of Condition #t3 being that the former on Lot 2 must be removed by July 1, 1986. fie stated that they a-e =currently using the house for s'Caring materials, housing and sanitation facilities for the laborers, therefore requesting that they allow the house to remain until September 1, 1986 subject to keeping the property neat and orderly. Staff stated that they had no problem with that request. City Administrator Bernhardson noted that they have not received any more complaints regarding the construction hours. It was moved by Acting Mayor Adams, seconded by Councilmember Hammerel, to adopt Resolution 02004 approving the after -the -fact conditional use permits and varian_e Amending the date on Condition 03 to September 1., 1986. Motio>>, Ayes 4, Nays 0. M aftw MINUTES OF THE REGULAR ORONO COUNCIL. MEETING HP,LD JUNE 9, 1986 #1011 EXCELSIOR BAY YACHT CLUB DEERING ISLAND CONDITIONAL USE PERMIT AND VARIANCE City Administrator Bernhardson reported that staff received word that the owner of Deering Island is withdrawing the application and will be sending a letter to that effect. fie recommended tabling the application until it is formally withdrawn. It was moved by Councilmember Hammerel, seconded by Councilmember Grabek, to table the Excelsior Bay Yacht Club application ac. this time. Motion, Ayes 4, Nays 0. #1015 ERVIN RAW.4* 755/763 NORTH FERNDALE ROAD FINAL SUBDIVISION RESOLUTION #2005 It was moved Councilmember approving the Nays 0. #1017 MORRIS & JACKIE NELSON 1900 SHORELINE DRIVE ZONING ANMD14F SIT by Councilmember Frahm, seconded by Hammerel, to adopt Resolution #2005 Plat of I,ydiard Hills. Motion, Ayes 4, City Administrator Bernhardson explained the proposed Zoning Amendment to create a Bed & Breakfast (B&B) conditional use permit within a residential district issues being ).)concept of B&B in the community 2) and the specifics of B&B. He noted that Morris & Jackie Nelson are listed as the zoning amendment applicants, however, it is a zoning amendment general and generic to the community and not specifically to their property and application. nPpending on the outcome of this Council meeting, they may be taking their conditional use permit application before the Planning Commission. At this time, Councilmember Frahm removed himself from the Council because he has been involved with business talks with Morris Nelson. He noted that he has voiced his feelings regarding B&B use in previous discussions. Councilmember Grabek stated that he felt a B&B was not an appropriate use in a residential community and does not benefit the community. He was concerned with how the city would control and limit B&B's. He noted that if this use were approved, he felt that she proprietors should be experienced in this area and their financial background should be reviewed. He noted that this was his own personal unsolicited opinion. 4 MINUT3S OIa THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1.986 #10.17 MORRIS & JACKIE NELSON continued Acting Mayor Adams stated that he felt the require:.'. conditional use permit would control the B&B. Fie noted that he felt reluctant to vote on a zoning amendment with only three members of the Council. City Attorney Blatz stated that any ordinance must be enacted by a majority vote of the entire Council, which would be three members i.e. three positive votes in order to pass. Councilmember Hammerel stated that he felt Orono is the type of place for a B&B and adds charm to the neighborhood. Acting Mayor Adams stated tnat there should be alternative uses for large homes in residential areas. He stated that he would like Mayor Butler's input and would like to do more research himself. Pauline Bouchard, 1860 Shoreline Dr., presented 89 signatures of Orono residents stating their opposition to the proposed B&B establishments in residential areas. She stated that she personally objected to having a B&B next door and stated that in her opinion it would have to run seven days a week (rather than the proposed weekends only) in order to support the business which would make it just like a motel. Acting Mayor Adams asked if they would support a B&B use if certain conditions were imposed. Pauline Bouchard stated "No, it was too open-ended". It was moved by Acting Mayor Adams, seconded by Councilmember. Hammerel, to table this matter at. this time. (Staff to set appropriate date) Motion, Ayes 3, Nays 0. #1020 SUBURBAN HENNEPIN REGIONAL, PARR DISTRICT 2865 NORTH SHORT: DRIVE — NOERENBERG MEMORIAL PARK CONDITIONAL. USE PERMIT Representi.ig Suburban Hennepin Regi 1 Park District were: Marty Jessen, Commissioners Ne_ ber & Shirley Bonine, Director of Natural Resources Ad Weaver, Bob Wicklund and Deb Bartels, and Don King City Administrator Bernhardson stated that Noerenberq Park is a permitted use in the residential area but because of the uniqueness of the park the city has already required a conditional use permit. The Park District is to make their presentation regarding the master plan development of the park. 5 MINUTES OF THE REGULAR ORONO COUNCII. MEETING 11FLD .JUNE 90, 1986 #1020 SUB. HENN. REG. PARK DISTRICT continued Acting Mayor Adams stated that he would like to publicly thank and recognize the four Orono residents who served on the Noerenl,erg Park Advisory Committee for their efforts and time put into this plan. They are: J. Diann Goetten, Barb Peterson, JoEll.en Hurr, and George Rector. Marty Jessen and Deb Bartels made their presentation of the proposed plan. Mr. Jessen noted that the only area in which there is a discrepancy from the criteria set forth in the Orono City code is related to the hardcover within the 0-75' area. They are proposing an additional slight increase of 0.3% of hardcover which would be for widening the existing brick path. Fie stated that according to the current attendance figures (which they consider the park is very under utilized at this time), they predict the annual attendance in 1990 would be approximately 19,000, this increase is partially based on the proposed extended season. He noted that it was not their intent to attract large crowds but they would like to provide high quality services and facilities. Mr. Jessen stated that the plan cc.n.sist.s of three phases of development: 1) Memorial arbor, landscape plantings, site utilities, water distribution, and parking lot. 2) Visitor center, pathways, garden trellis and plantings. 3) water feature, wall garden at entrance, fountain sculpture and other architectural features. Fie stated that funding for the improvements beyond phase 1 are currently not available and depend on funding of contributions etc. They would like approval on the entire plan at this time. Public Comments Mr. 6 Mrs. George Grooms, 3065 North Shore Drive - They understood that this plan was turned down by the Planning Commission and wondered why it was still under consideration. Mr. Grooms stated that he believed Lora Hoppe would not have approved of the plan and it was not her intent, her intent was to have a few ladies visiting on occasion and a plan of this size is not necessary for that intent. Pat & Jim Mitchel.], 2685 North Shore Drive - She stated that there was no need for a building when the park is used only 3 months of the year, and no need for the blacktop parking lot. Jim Mitchell noted that the will states that the park "not present problems for neighbors". In addition, he noted that the Planning Commission denied the plan dukes to the proposed intensification of use. 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1=s, #1020 SUB. HENN. REG. PARR DISTRICT continued Piann Goetten - She stated that the bu.i lding is mainly for the maintenance personnel and storage of smaller equipment and also for restroom facilities. She also not(..d that Ray Forde, who has a lifetime estate, is in total support of the plan. She noted that the paved parking lot is necessary due to the maintenance involved in repairing the ruts created during rainy weather. Mary Ann Kienzler, 1200 Old Crystal. Bay Pd. - She stated that she was in support of the plan and thought that it was a wonderful place for children to learn. Jack & Kathy Swenson, 31.20 North Shore Drive - Jack Swenson stated that he agreed with the Plann'.ng Commission's findings regarding the intensification of use and that the par . beautiful as is and saw no need to spend 1.2 million to change. Kathy Swenson stated that currently there is a big problem with boats clocking and there is no attempt to control. Marty Jessen agreed that there was a problem with boats and that they intend to utilize the park rangers more to control. JoEllen Ilurr, LMCD representative on the Noerenberg :'ark Committee - She stated than she felt the plan presented was a good one and is within the intent of the Hoppe will. She stated that the Hennepin Park District is a good neighbor and that this is not a zoning issue except for the 0."% hardcover issue. `r' Tim Traff, 2683 North Shore Drive - He state.' that he resented the presentation given, is opposed to the plan and it sh uld be left as is. The question was brought up regarding use of tax money for the park. Bob Wicklund stated that tax money has not. officially been eliminated, but based on the Hoppe endowment for the park, there is no need or intent to use tax money for this project. Patricia Roberts, 2683 North Shore Dtive -• Stec- stated that she objected to the proposed usage and the 25,00n annual visitor (mid 1990's) prediction. A resident questioned why the Park District was advertisinq a garden party in which music and refreshments would be provided when the plan has not been qiven approval yet and when they are not allowed to serve food at the park. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 i1020 SUB. HENN. REG. PARR DISTRICT continued Mr. Jessen staged that it s merely the annual garden party, the food consisted tea and rookies, the music is usually a harpist Etc:. The purpose of the garden party was to basically recreate the atmosphere of a tea party that was held when the Noeret,bergs lived there. Public comments closed. Counci lmemb ,r Harrmere 1 stated that he has lived in this area for 31 years and felt that the park was underused .and that the residents just do not want a park for the publics' use. He noted that the current attendance is 9,000 visitors annually and nobody even notices them. He agreed that there was a problem with boaters but does not know what they can do about it other than having a full time officer standing guard. Cuuw:cilmember Grabek stated that he objected to the additional parking on north side which could potentially lead to Cuture expansion of the north side. He stated that he ftlt the park was currently underused however, there should be limitations can the use such as no overflow pecking. He noted that the park district do-:�s a good jol, of maintaining their parks. Acting Mayor Adams stated that he was opposeJ, to the 50 blacktop parking spaces and i^lt they should start with half that amount of spaces and review the need at a later date, such as when the visitor center is built. Mr. Jessen stated that they felt the need for 50 spaces was already there but they could consider other alternatives to '- ,u blacktop such as grass crete etc. Counci lme,nber Frahm stated that the proposed overf low Barking on the north side would require grading and is not neea-('. He also noted that there was an obvious need for equipment storage. In addition, he noes riot feel that anything should be sold i.e brochures, books, info-mation etc. He also stated that it was Lora Hoppe's intent to protect the neighbors but it was also her intent to have the general public come and r.ee the gardens. Counci lmember Grabek stated that he agreed with eliminating sales of any kind. Referring to the garden party, he stated that. the Park District has .tlways actor responsibly on the few small functions given. 8 MINUTES ON THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 #1020 :SUB. HENN. REG. PARK DISTRICT continued City Administrator Bernhardson noted that the only thing r-quired was the hardcover variance and that, apart from the regrading, the conditional use request is more voluntary on the Park District's part, and any subsequent changes or plans would actually be a voluntary review on their part. It was moved by Acting Mayor Adams, seconded by Counci.lmember Grabek, to approve the plan as presented with the following stipulations and limitations: 1. Limit parking on the north side to 10-12 gravel spaces (as shown) with no additional site grading for expanded parking. 2. Limitation of initial parking on the south side to 2E spaces and the Park District consider alternatives to blacktop for that parking. 3. No sales of goods or services. 4. Proposed building to remain at same size and exter_�or as presented when built. 5. Parking needs be reviewed at the time the building is built, but not to exceed the total of 50 spaces as originally proposed. Motion, Ayes 4, Nays 0. #1022 CHARLES A. SCHALL 605 PARK LANE VARIANCE RESOLUTION City Administrator Bernhardsci reported that the objecting neignbors have engaged .egal counsel in this matter. Their Pt-jrney, James McKinnon, McKinnon, Standke, and Greene, submitted a letter requesting that the Council table this matter as he had a conflict. Acting Mayor Adams read the letter into the record (copy attached). Charles and Marilyn Schall were present and stated that they objected t,., tabling this matter because they started the proceedings in April and the Planning Commission already tabled it one time. Mr. Schall stated that he would be unable to attend the July Council meetings. City Administrator Bernhardson stated that this matter would be scheduled for the June 23rd Council meeting. Mr. Schall stated that he would be able to attend that meeting but still subjected to tab:ing the application. 9 %00 MINUTE, OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 #1022 SCHALL continued Councilmember Frahm stated that he felt the} -should table the matter in consideration of Attorney Mcftinnon's request to avoid the potentiality of a legal case. It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to table this matter until the June 23rd Council meeting. Motion, Ayes 4, Nays 0. Staff was instructed to inform the neighbors that action will be taken on June 23rd with or without their representation. #1023 ROLLA i NANCY MARTIN 2675 SBADYWOOD ROAD VARIANCE RESOLUTION #2006 Rolla & Nancy Martin were present for this matter. Mr. Martin reviewed the proposed plan to co.struct. a bedr(om addition which would increase the hardcover in the 75- 250' -rea by 0.3%. fie rioted the the existing decking, which was included in the hardcover does not have plastic under it. It was moved by Councilmember H3mmerel, seconded by Councilmember Grabek, to adopt Resolution #2006 approving the hardcover variance. Motion, Ayes 4, Nays 0. #1027 MKS. PHILLIP PILLSBURY 1200 BRACKETTS POINT ROAD VARIANCE Present representing the applicant were Attorney Steve f laum, Architect William Scott, and Landscape Designer Damon Farber. City Administrator Bernhardson explained the request for a 2-1/2' height variance for a 6' high section of brick wall that is adjacent to Bracketts Point Road and Cty. Rd. 15. Damon Farber stated that the reason for the 6' wall. is mainly for aesthetic purposes as well as health and safety. He stated that the corner is busy, dangerous, and noisy. He noted that. their preference is to be consist.ant. i.e. entire wall 3-1/2' or entire wall 6' in height . Steve Pf.laum pointed out the areas in which the variance was needed not.inq that in some area they can construct the 6' wall without a variance. He noted that traffic can be, heard in the h-)use with windows closed as well be seen. In addition, vehicle headlights shine directly in the house at night. fie :stated that 10 MINUTES OF THE RE.GUI.AR OPONr COUNCIL MEETING HELD JUNE 9, 1986 #1027 PILLSBURY continued evergreen problems. object co plantings would help but would create other IL was also noted that none of the neighbors the wall, Acting Mayor Adams stated 'hat he fe?-t the proposed wall was very attractive however, the Council must cors-ider all other wall requests that may follow this request if it were approved. He stated that he would likf .-.o find a solucii n within the ordinance and that a %a l 1. is not the only solution to the headlight problem. Planning Commission member Goetten stated that she voted in favor of the wail because because of the unique situation and headlight, problem. It was moved by Acting Mayor Adams, seconded by Councilmember Hammerel, to approve the height variance along County Rd. 15 to the driveway, and deny the height variance along Bracketts Point Rd. Proponent indi::iated they would like to reconsider their design in light of Council's comments. No further action taken. #1028 LEN RRCHICES 2613 CASCO POINT ROAD VARIANCE RESOLUTION #2007 Leonard and Mary Ann Bachkos we:-e present for th:a matter. City Administrator Bernhardson explained the minor variance requests to construct an ,ddit.zon a) i8 (91 s.f.) hardcover increase in the 75-250' area b) 0.5 feet side setback variance on the west side of house. It was noted that there wa�i no hardcover availablex for trade-off. It was moved by Councilmember Hammerel, seconded by Acting Mayor Adams, to adopt hesolution #2007 as drafted approving the variances. Motion, Ayes 4, nays 0. #1029 LEO CI.IFFORD* 4760 NORTH SHORE DRIVE VARIANCE (RENEWAL) RESOLUTION #2006 It was moved by Cuuncilmember Frahm, seconded by Councilmember Hammerel, to adopt Resolution 02008 approving renewal of lotarea/lot n dth variances. Motion, Ayers 4, Nays 0. W MINUTE:: OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 #1030 CHARLES D. DOLLAR 1810 LAKEVIEW TERRACE: VARIANCE RESOLUTION #2009 Charles Dollar w, present for this matter. City Administrate Bernhardson explained the request for a side yard setback variance to construct an addition 16.5' from the lot line. Acting Mayor Adams stated that this is an interesting specific situation in that there is really no other place for an addition and he had no problem with it. It was moved by Councilmember Frahm, seconded by Acting Mayor Adams, to adopt Resolution #2009 approving the variance as proposed. Motion, Ayes 4, Nays 0. #1031 MARK HUNSLEY 3464 EASTLAKE STREET VARIANCE RESOLUTION #2010 Mark Hunsley was present for this matter. #1032 BRIAN FULMER 3505 WAYZATA BLVD. VARIANCE RESOLUTION City Administrator. Bernhardson explai 3 the request for hardcover variarces 0-75' - 1.2% anc. 75-250' - 2.9% to construct a patio. It was noted that this request is similar to the request approved on the two lots immediately adjacent. It was moved by Councilmember Grabek, seconded by Councilmember Frahm, to adopt Resolution #2010 approving the variance requests. Motion, Ayes 4, Nays 0. Upon recommenuation of staff, it was moved by Acting Mayor Adams, seconded by Councilmember Fiammerel, to table t -_s matter until the June 23rd Council meets.r.g. Motion, Ayes 3, Nays 1. Councilmember Frahm voted ray. #1033 ROYAL J. UOSSETT 2795 PHEASANT ROA) VARIANCE RESOLUTION Mr. Dossett was present for this max..er. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 #1033 DO ;ETT continued City Administrator Bernhardson explained the request for hardcover variances a) 0-75' - 3.4% (total 4.4%) b)75- 250' - 0.3% (total 26.7%) for construction of a screen porch and patio. Mr. Dossett stated that the screen porch was necessary because the mosquitos and bees make the area unu-aijle otherwise. He indicated the need for a sidewalk around the house because grass is unable to grow because of the shade. He noted that the house can not be seen from the lake and that there would be no run-off to the lake. Acting Mayor Adams stated that he w s concerned with the hardcover in the 0-75' and felt the Council should view this property. Councilmember Frahm stated that he foundno hzrdship involved. It was mo%%• d by Acting Mayor Adams, seconded by Councilme r hammerel, to table this matter to find additional ways to eliminate the hardcover. Motion, Ayes 4, Nays 0. 1986 JOINT USE DOCK LICENSE* MINNE`I'ONKA POWER SQUADRON RESOLUTION #2011 It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to adopt Resolution N 2011 approving a Joint Use Dock License to Minnetonka Power Squadron for the period of January 1, 1986 to December 31, 1986 and to waive the late fee, finding that the lateness of the application, was an administrative oversight and not intentional. Motion, Ayes 4, Nays 0. MAYO.c REPORT: ADMINISTRATOR'S GOAL SETTING i COMPENSATION REVIEW Due to Mayor Butler's absence, no action was taken cn this matter. CABLE TV REPORT: MAY - ORONO SCRIPT* It was moved by Councilmember Frahm, seconded t,y Councilmember Hammerel, to accept information presented regarding cable T.V. oroduc;tion "Lake Minnetonka News". Motion, Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT: a, MINUTES OF TI1E REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 LES KELLEY PRIVATE ROAD VARIANCE APPEAL OF ADMINISTRATIVE DECISION Mr. Lester Kelley was present for this matter. City Administrator Bernhardson explained Mr. Kelley's request to construct an 18' paved surface read in the Kelley Green Subdivision instead of the 24' wide road as required. PLIblic Works Coordinator GF rhardson stated that. an 18' wide road would allow no parking on the road. He recommended at least a 24' wide base. Councilmember Frahm stated that his only concern was allowing enough room for emergency vehicles. It was noted that there was real ly no need for parking on the road because of the lot sizes. It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to allow a 20' wide paved surface with a 24' wide base. Motion, Ayes 4, Nays 0. WAYZATA INSPECTIONS CONTRACT It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to accept staff's information regarding the pending contract between Wayzata and Orono for building inspection services for approximately a year's duration. Motion, eyes 4, Nays 0. ANIMAI. CONTROL SERVICES* It was moved by Councilmember Frahm, seconded by Counci 1member Hammerel, to accept staf is information regarding animal control services and this item be tabled to June 23, 1.986 at which time Council will address the issue of animal control services and award a contract for the balance of the year. Motion, Ayes 4, Nays 0. AKERBERG RIGHT-OF-WAY PERMIT* RESOLUTION #2012 It was moved by Ccunciilmember Frahm, seconded by Councilmember Ham•-ierel, to approve the right. -of -way permit for the property at 4075 Highwood Road for adoption of Resolution 02012. Motion, Ayes 4, Nays 0. 1.985 POLICE REPORT It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to accept the, 1985 Orono Police Operations statistical report. Motion, Ayes 4, nasy 0. 14 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 POST OFFICE LEASE* VANEECRHOUT SEWER* It was moved by Councilmember Frahm, seconded by Councilmember fiammerel, to ratify the lease with the U.S. Postal Service and authorize the City Administrator to sign such agreement. Motion, Ayes 4, Nays 0. It was moves? by Councilmember Frahm, seconded by Councilmember. Hammerel, tv accept staff's information regarding the request for sewer services to the VanEeckhout prop ..ty. Motion, Ayes 4, Nays 0. BOARD OF REVEIW RECONVENING* JUNE 11, 1986 - 7:00 P.M. It was moved by Councilmember Frahm, seconded by Councilmember fiammerel, to acknowledge the reconvening date of the Board of Review for June 11, 1986 at 7:00 P.M. Motion, Ayes 4, Nays 0. REFUND OF SUBDIVISION FEE FOR MICHAEL ROBINSON* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the refund of the subdivision application fee to Michael Robinson (Application #i1024) per staff recommendation in the amount of $177.28. Motion, Ayes 4, Nays 0. RSPlA�.".MENT OF FLOORING-* ORONO GOLF COURSE It was moved by Councilmember Frahm, seconded by Councilmember fiammerel, to authorize the replacement of bathroom f loors at the Orono Golf Course by West Tonka Interiors in the amoun* of a610.6F. Motion, Ayes 4, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Counci 1m;!mbE.r Frahm, seconded by Councilmember Hammerel, to accr_pt staf f's information regarding Bohn's Point. Motion, Ayes 4, Nays 0. CITY ATTORNEY'S REPORT: City Attorney B1- z had nothing to report at this time. LICENSES* It was moved ,, Councilmember Frahm, secoc.3ed by Councilmember Hammerel, to approve the following lice-ses: Septic System I.istal_ers - Volkenant 6 Sons, Inc. Duane Ritter Exc. Coppin Plumbing Quickway Exc. Co. 15 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HN.LD JUNE 9, 1986 iCENSES* continued BILLS* Special. Event - Smuckler Corp . Parade of Homes at 2780 L' Etoi le .a Nord on September 9, . qH 3-8 p.m. weeklays/1-6 p.m. weekends Liquor License - Jimmies Lour.•e Set-up License - Spring Hill Center Off -Sale - James P. hill, Little Oak Market\ On -Sale - Grant R. wenkstern, Lakeview Golf Course Robert D. Bennett, Mexican Eatery Motion, Ayes 4, Nays 0. It was moved by Counci.lmember Frahm, seconded by Counci linember Hammere 1 , to approve payment of the All Funds Accounts and Liquor Store Accounts. Motion, Ayes 4, Nays 0. ADJOURNMENT 10:2.0 P.K. It was moved by Councilmember Frahm, seconded by Acting Mayor Adams, to adjourn the regular Council meeting at 10:20 P.M. Motion, Ayes 4, Nays 0. i ATTAST: D thy M., lli , City Clerk 1 r r. Mary C. Byt er, 14ayor 16 MACKINNON, 3TANDKE & GREENE, LTD. LAW OFFICES 1 771 7 NiGHWAY 7 MINNE TONKA. MINNE SOTA 55:34 ETING JAMf. ``-.. n MACK INNCNJ ROEIERT A STANOKE MARK E GREENE VUNJpE 6112 DANIELS GPEENSTEIN June 1986 � EMCC OAMMErER , p+4•322+ MY OF ORONO Mayor and Council Members City of Orono Crystal Bay, MN 55323 Re: Application #1022 Charles A. Schap This letter is to request that you table your action on the above matter until your next meeting. Betty Rudd contacted me on Friday, June 6, 1986 to ask me to investigate the situation and advise her regarding her legal rights. She did so believing that final action woa-La be on June 16, 1906. I would appreciate this short extension of time Sr. chat I can do the work necessary to adequately represent the i:'.erests of my client. Very truly yours, &ACKINNO J, STA14DKE & 7; "ENE, LTD. �/Wx� ' James-' D. MacKinnon D'i/VB AGENDA FOR COUNCIL MEETING SET FOR MONDAY JUNE 9, 1986, 7:00 P.M. (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Counc i 1 under the Consent Item* on the agenda. Discussion will be held upon request. ROLL CALL OOUNC41L MEETING 1. CONSENT AGENDA* JUN 9 - 1986 APPROVAL OF MINUTES 11��rr l�C� * 2. Regular Meeting of May 27, 1986 �ATY OF ITU wn * 3. 1986 Board oL Review Meeting of May 27, 1986 PARR COMMISSION COMMENTS PLANNING COMMISSION COMMENTS - J. Diann Goettin Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 4. #990 Ward Ferrell, 3405 Watertown Road - Variance - Denial Resolution 5. #991 and #1018 William J. Ulrich, 1535 and 1595 Bohn's Point Road - After the Fact_ Conditional Use Permits - Resolution 6. 1011 Fxcelsior Bay Yacht. Club, Deering Island - Conditional Use Permit and Variance * 7. #1015 Ervin Kamm, 755/763 North Ferndale Road - Final Subdivision - Resolution 8. #1017 Morris & Jackie Nelson, 1900 Shoreline Drive - zoning Amenr'rr.(nt 10. #1020 Suburban Hennepin Regional Park District, 2865 North Shore Drive (Noerenberg Park) - Conditional Use Permit 11. #1022 Charles A. Schall., 605 Park Lane - Variance - Resolution 12. #1023 Rolla M. Martin, 2675 Shadywood Road - Variance - Revolution 13. #1027 Mrs. Phillip Pillsbury, 1200 Bracketts Point Road - Variance 14. #1028 Len Bachkes, 281.3 Casco Point Road - Variance - Resolution *15. •1029 Leo Clifford, 4760 North Shore Drive - Variance (Renewal) - :cesolution 16. #1030 Charles D. Dollar, 1810 Lakeview Terrace - Variance - Resolution 17. #1031 Mark Hunsley, 3464 Eastlake Street - Variance - Resolution 18. #1032 Brian Fulmer, 3505 Wayzata Boulevard - Variance - Resolution 1.9. #1033 Royal Dossett, 2795 Pheasant Road - Variance - Resolution *20. 1986 Joint Use Dock License - Minnetonka Power Squadron MAYOR'S REPORT 21. Administrator's Goal. Setting and Compensation Review CABLE TV REPORT *22. May - Orono Script CITY ADMINISTRATOR'S REPORT 23. Les Kelley - Private Road Variance - Appeal of Administrative Decisinn 24. Wayzata Inspections Contract *25. Animal Control Services *?�,. Akr,rberg Riglt-of-Way Permit. AGENDA FOR COUNCIL !MEETING SET FOR MONDAY .JUNE 9, 1986, 7:80 P.M. CITY ADMINISTRATOR'S REPORT Continued 27. 1985 Police Report *28. Post Office Lease *29. VanEeckhout Sewer *30. Board of Review Reconvening June 11, 1986, 7:00 J.M. *31. Refund of Subdivision Fee for Michael Robinson *32. Replacement of Flooring at Golf Course *13 Administrator's Information Bohn's Point CITY ATI`ORNEY' S REPORT LICENSES (34* BILLS (35*) ADJOURNMENT COUNCIL MEETING JUN 9 -1986 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 27, 1986 ATTENDANCE 8:28 P.M. 1iT1 OF PROW The Orono Council met on the above date with the following members present: Mayor Butler, Councilmembers Grabek, Frahm, Adams, and Hammerel. The following represented the City staff: City Administrator Bernhardson, Public Works Coordinator Gerhardson, Building and Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Barrett was also present. CONSENT AGENDA* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the Consent Agenda* as submitted. Motion, Ayes 5, Nays 0. APPROVAL OF MINUTES* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the Minutes of the regular May 12, 1986 Council Meeting as submitted. Motion, Ayes 5, Nays 0. PUBLIC COMMENTS There were no comments from the public at this time. ZONING ADMINISTRATOR'S REPORT: #990 WARD FERRELL 3405 WATERTOWN ROAD VARIANCE - DENIAL RESOLUTION Mr. Ferrell was present and requested that this matter be tabled because his attorney was unable to attend this meeting. It was moved by Councilmember Adams, seconded by Councilmember Grabek, to table this matter until the June 9th Council meeting. Motion, Ayes 5, Nays 0. #991 AND #1018 WILLIAM J. ULRICH* 1535 AND 1595 BOHN'S POINT ROAD AFTER -THE -FACT CONDITION!,L USE PERMITS Upon staff recommendation, it was moved by Councilmember Frahm, seconded by Councilmember Iammerel, to table this matter until the June 9th Council meeting pending -litional inforration. Motion, Ayes 5, Nays 0. #999 BELDEN/MELINE 3598 NORTH CHORE DRIVE VARIANCE - DENIAL RESOLUTION I)ue to the fact that the applicant's, Benn Belden and Evan Me1ine, were not presen_, Assistant Zoning Administrator Gaffron recommended that t:jis matter be tabled for a month and he will notify applicants. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 27, 198' #999 BELDEN/MELINE continued It was moved by Counc 11ber Frahm, seconded by Councilms--mber Grabek, to _ .j,le this matter until t` June 23, 1986 Council. meeting. Motion, Ayes 5, Nays 0. #1010 DUANE HALL 1860 SHADYWOOD ROAD PRELIMINARY SUBDIVISION - DENIAL RESOLUTION Because Duane Hall was not present, Zoning Administrator Mabusth recommended that this matter be tabled. She also recommended that Mr. Hall be advised to seek legal counsel. It was moved by Councilmember Grabek, seconded by Mayor Butler, to table this matter until the June 23, 1986 Council meeting and direct staff to advise applicant to seek legal counsel for this reveiw. Motion, Ayes 5, Nays 0. #1011 EXCELSIOR BAY YACHT CLUB* DEERING ISLAND CONDITIONAL USE PERMIT AND VARIPNCE Upon staff recommendation, it was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to table this matter until the June 9, 1986 Council meeting. r" tion, Ayes 5, Nays 0. ZONING AMENDMENT Zoning Administrator Mabusth reviewed with the Council the proposel Zoning Amendment changes. Some of the items discussed were: a) Not allowing fences within 75' of the lakeshore on lots divided by a major thoroughfare. b) Major change proposed would not allow 3-1/2 foot fences within 75 feet of the lake with the exception of lockt:,oxes. c) Sto0;pi l ing - regulate by 1) not. allowing more than 101; of f i 11 to be stockpi led OR 2) amount to be allowed based on fo,.ndation footprint size. Staff to re vif.,w and determ ne. (1) Berm:; - definit -)l, and controls. e) Mean height should be addressed. Staff to revise the proposed Zoning Amendment to reflect. C'ouncil's concerns and bring the amendment back for Council review at their June 23rd meeting. MINUTES OF THE REGULAR ORONO COUNCIL. MEETING HELD MAY 27, 1966 BIG ISLAND* LOT AREA VARIANCES RESOLUTION #1997 - #2002 MAYOR'S REPORT: CABLE TV REPORT: It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to adopt the following I.,aaolutions approving Lot Area Variances for properties on Big Island: Resolution #1997-Record Lot No. 11, V. William Melin Resolution #1999-Record Lot No. 28, J.W. Vanderhoof Resolution #1999-Record Lot No. 41, Sr_river/Burch Resolution #2000-Record Lot No. 36, Stephen O'Gara Resolution #2001-Record Lot No. 40, D.W. Pratt Resolution #2002-Record Lot No. 14, D.J. Kilbane Motion, Ayes 5, Nays 0. Mayor Butler had nothing to report at this time. There was no Cable TV Report at tnis time. CITY ADMINISTRATOR'S REPORT: BOHN'S POINT PETITION City Administrator Bernhardson reported on a petition regarding construction noise on Bohn's Point related to the Ulrich construction. It was moved by Councilmember Hammerel seconded by Mayor Butler, to accept staff's information related to the petition presented by the residents on Bohn's Point. Motion, Ayes 5, Nays 0. ED LRM" - NOTICE OF CLAIM City Administrator Bernhardson reported on the claim for water installation from Mr. Ed Lehman and after reviewing t - matter, staff's recommendation is that the City has no _lability in this matter. Ed Lehman was present and explaia,_d his recollection of the conversation with Public works Coordinator Gerhardson and stated that the City should stand behind an employee's statement. Due to the fact that. there was an. apparent misunderstanding and that the bill is a year and a half overdue, it was moved by :ounciImember Grabek, seconded by Councilmember Adams, to authorize payment of up to $5C0 (staff to oetermine amount and contact Mr. Lehman). Met'on, Ayes 5, Nays 0. I MINUTES OF THE REGULAR ORONO COUNCIL MF:I.-ITING HELD MAY 27, 1986 TRAFFIC SAFETY AWARD - MINNESOTA SAFETY COUNCIL It was moved by Mayor Butler, seconded by Councilmember Hammerel, to accept- the Traffic Safety Award and commend those within the C, - who have promoted safety, not only during 1985 but, )ughout the years. Motion, Ayes 5, Nays 0. POLICE I. '.IVI•: FUNDING UTILITY RATE: STUDY City Administrator Bernhardson reviewed the recommendation to undertake a donation for private events and that the money be used to train and equip the Police Reservists. -t was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve the recommendation for utilization of this means to fund equipment and training for the Police Reservists. Motion, Ayes 5, Nays 0. City Administrator Bernhardson reviewed the water & Sewer. Rate Study with the Council. It was moved by Mayor Butler, seconded by Councilmember Adams, that the Council approve the recommendation of staff fcr the 1986 Sewer & Water rates effective beginning the 3rd quarter of 198b. Motion, Ayes 5, Nays 0. LaDean McWilliams, 1130 Wi.l.low Drive, mentioned tre reduction rate system that the City of Long Lake is currently using. City Administrator Bernhardson stated that staff will review it. HIGHWAY 12 STUDY TOUR - JUNE 2, 1986 - 6:30 P.M. Council accepted the scheduled Highway 12 Study Tour to be held on June 2, 1.986 at 6:30 P.M. RAILROAD CROSSING - STUBBS BAY ROAD* AGREEMENT AND RESOLUTION #2003 It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, that the City Council adopt Resolution 02003 giving it's approval to the installation of new standardized equipment at the crossing of Burlington Northern tracks at Stubbs Bay Road. Motion, Ayes 5, Nays 0. SETTLEMENT ARTHUR PRIES?, It w.3s moved by Mayoy Butler, seconded by Councilmember Frahm. the City Council approve the payment of $1,490.00 to A ur Priesz, Jr. as the City was in receipt of a holu n.ess agreement. Motion, Ayes 5, Nays 0. 4 F G.numr,u N1EF-1ING JUH J -1986 1986 BOARD OF R-VIEW, MAY 27, 1986',_PTV- The 5. Timothy Schoen, 41 Wi 1 low Dr i ve - Property I.D. 33- 1 18-23 44 0031. Mr. Schoen stated this is a new house and the 1986 market value has keen placed at $)11.,700. He stated that the house cost $82,500 to build. Erickso stated he would review the property. 6. Grant Wenkstern owner of Lakeview Golf Of Minnetonka, Inc., 710 North Shore Drive - Property I.D.'s 06-117-23 '32 0002, 07- 11.7-23 12 0001, 06-11--23 33 0005, 06-117-23 33 0007 and 06-117- 23 34 0002. Mr. Wenkstern wanted to know how the golf courses were valued. lie stated that Hennepin County Assessor's office had set standards t value all the golf courses in the County. He stated that hi _,perty had received an increase of 132%. Mayor Butler reque;. the definition of. Recreational Value from the Assessor. Er ickzoo state(.' he felt the issue of Recreational Value should be settled in the Courts. 7. Karen Ziminski, 1195 Brown Road North - Property I.D. 27-118- 23 31 0006. Mrs. 7.iminski stated the property was purchased in April of 19b.. for $275,000, the 1986 market value is now $291,100. Dave. :i'_de stated he had reviewed the property in 1985 after an abatement had been filed and he would review the 1986 valuation. 8. Patrick Wolfe, 2871 Casco Point Road - Property i.D. 20-117- 23 31 0056. Mr. Wolfe stated he had removed an old house and constructed a new house. He stated that tnere is a public easement to the lake adjoining his property which is a detriment to his property. He noted that there should be some adjustment in the value because of this problem. Dave Wilde stated that up to a 5% depreciation would be allowable on the total value in this situation. Council. stated they would adopt a 5% depreciation on the total value of the property and will. consider other comparable property's valuation. 9. Bill Wyatt, 4235 . ixth Avenue North - Property I.D. 31-118-23 12 r,3013. Dave Wilde sated this property is located in the 1/4 of the City that was physically inspected this year and that construction on this property has been incomplete for a number of years and now that it is completed explains ' ringing it up to full value. 10. Marion Gray, 2065 Webber Hills Road - Property I.U. 03-117- 23 34 0026. Requested a revalualt'_on of her property. 11. Scott Coldsmith, 265 Old Crystal Bay North - Property I.D. 33-118-2.3 31 6011. Mr.. Goldsmith stated his property consiste-I of 8 acres with partial construction on the property. He stated that he felt the partial construction was valued too high. 12. Al Hi lde, Jr., 220 Northgate Road - Property I.D. 36-118-23 41 0051. The Board noted that they had received a letter from Mr. Hi lde regarding his valuation. The Council instructed the 'Assessor to contact Mr. Hilde and report hack to the Council. 2 It was moved by Councilmember Frahm, seconded by Mayor Butler to instruct the Assessor to review all of the properties that were presented before the Board tonight and to report his findings to the Baord on Wednesday, June 11, 1986, at 7:00 P.M. 'ryes 5, Nays 0 It was moved by Councilmember Frahm, seconded by Mayor Butler to close the 1986 Board of Review at 8:15 P.M. and reconvene Wednesday, June 11, 1986, at 7:00 P.M. Ayes 5, Nays 0. Mary C. ATTEST: Dorothy M. Hallin, City (",ark R COUNCIL W-FTING J UN 9 - 19$6 To: Orono Council Members From: Michael P. Gaffron, Assistant Zoning Administrator Date: May 21, 1986 Subject: #990 Ward Ferrell 3405 Watertown Road - Variances - Denial Resolution At -cached is a resolution for denial of the variances requested by Mr. Ferrell to construct 2 additional houses on his property. The Council's procedural options are as follows: 1. Adopt the denial resolution as drafted. In this case, Mr. Ferrell would have to wait 6 months before he could reapply for the variances, if he so wish{-1. per Section 10.08, Subdivision 5. 2. Table the application indefinitely. This would be advisable only if the applicant requests a tabling based on additional substantial evidence he wishes to present. 3. Allow the applicant to revise his application to a 1- additional-building-site request, if he wishes, which some members of Council have indicated would be looked upon more favorably. In this case, Council could either cease action on the denial resolution, or adopt a revised denial resolution which denies the 2-additional lot request but finds that the revised request is a change of conditions which was recommended for approval by the Orono Planning Commission at their February 18, 1986 meeting, hence, the 6-month reapplication moratorium would be waived. Allowing such a revision of the application does not commit the Council to approving the 1- additional lot request. Staff would recommend that if applicant 0 wish to revise his request, the application be referred -k to the Planning Commission for further review. Staff would suggest the following language be incorporated into the resolution as item #41 if you choose Option 1 above: 41. At the City Council meeting of May 27, 1986, the applicant was advised of the options to a) table if he has additional substantial evidence to submit; or b) to revise his application to request only 1-additional lot on the 2.9 acre parcel instead of 2-additional lots; or c) choose neither and waive any right to further review of this application by the City Council. The applicant chose to waive further Council review of the application. A RESOLUTION DENYING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE. NO. 990 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq. the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, Ward Ferrell (hereinafter "the applicant") is the owner of property located at 3405 Watertown Road within the City of Orono and legally described as follows: PARCEL 3. That part of the Southeast 1/4 Df Section 32, Township 118N, Range 23W, described as follows: Commencing at a point on the South line of said Southeast quarter, 50 rods West of the Southeast corner thereof; thence West along said South line 263 feet; thence North at right angles to said South line to the public road; thence Southeasterly :long said road to a point directly North of the poini of beginning; thence South to the point of beginning. (Also known as P.I.D. #32-118-23 44 0009); and That part of the Southeast 1/4 of Section 32, Towiirhip 118N, Range 23W, described as follows: Commencing at a point on the South line of said Southeast quarter, 50 rods West of thy. Southeast corner thereof; thence North 6 rods to the center of the public road; thence Southeasterly along said road to the South line of said Section 32; thence West to the point of beginning; excluding the public road. (Also known as P.I.D. #32- 118-23 44 0010); and PARCEL 2 That part of the Southeast quarter of Section 32, Township 118N, Range 23W, described as follows: beginning at a point on the South line of said Southeast quarter, 1088 feet West of the Southeast corner thereof; thence West along said South line 140 feet; thence North at right angles to said South line to the public road; thence Southeasterly along said road to its intersection with a line drawn North through the point of beginning at right angles to the South line of said Southeast quarter; thence South to the point of beginning. (Also known as P.I.D. #32-118-23 44 0008); and Page 1 of 9 PARCEL 3 That part of the Southeast quarter of Section 32, Township 118N, Range 23W, described as follows: Beginning at a point on the South line of said Southeast quarter, 1228 feet west of the Southeast corner thereof; thence west along said South line 140 feet; thence North at right angles to said South line to the public road; thence Southeasterly along said road to its intersection with a line drawn North through the point of beginning at right angles to the South line of said Southeast quarter; thence South to the point of beginning. (Also known as P.I.D. #32-118-23 44 0007); and WHEREAS, for discussion purposes the property has been defined as 3 separate parcels as described above and per Exhibit A attached; and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a principal residence structure on a lot containing approximately 1.04 acres or 52% of the required 2.0 acres in area and 140 feet or 70% of the required 200 feet of lot width (Parcel 3); and to further permit the construction of a principal residence structure on a lot containing approximately 0.85 acres or 42.5% of the required 2.0 acres in area and 140 feet or 70% of the required 200 feet of lot width (Parcel 2); and requesting Council approval per Zoning Code Suction 10.03, Subdivision 6 (C) to separate non -conforming, undeveloped, substandard, contiguous, unsewered lots of record under common ownership, which separation would result in individual building sites not satisfying the lot area and lot width standards of the Zoning Chapter of the Orono Muncipal Code; and WHEREAS, the City Council has reviewed the application; the recommendations of staff and the Planning Commission; comments of the neighboring property owners; and materials and comments made by the applicant and applicant's attorney. NOW, THEREFORE BE IT RESOLVED, tha-. the City Council of tY.e City of Orono hereby denies the requested lot area and lot width variances and denies the request to separate the commonly owned lots for the property ?ee-ribed above based upon one or more of the following findings of fact concerning this property: FINDINGS 1. As of January 1, 1975, the property has been zoned RR-lB, Rural Residential Zoning District, requiring a minimum lot size of �.0 acres in area and 200 feet minimum width. Based on the required performance standards for the RR-1B toning district, the proposed use of the property for 2 new residential building sites in addition the one existing building site would require the following variances: Page 2 of 9 Parcel 1 (with existing house) a) Lot Area Required == 2.0 acres Existing = 1.01 acres or 50.5% Variance = 0.99 acres or 43.5% Parcel 2 (vacant) a) Lot Area Required = 2.0 acres Existing = 0.85 acres or 42.5% Variance _ 1.15 acres or 57.5% b) Lot Width Required = 200 feet Existing = 140 feet or 70% Variance = 60 feet or 30% Parcel 3 (vacant a) Lot Area Required = 2.0 acres Existing = 1.04 acres or 52% Variance = 0.96 acres or 48% b) Lot Width Required = 200 feet Existing = 140 feet or 70% Variance = 60 feet. or 30% 2. The property consists of 4 separate tax parcels which are contiguous and which are owned in common by the applicant. The property in total contains approximately 2.90 acres and has a width in excess of 500 feet, in both respects meeting the area and width requirements for the single existing residence on the property. 3. Prior to January 1, 1975, the property was zoned R-lC, effective since September 14, 1.967, a residential zone requiring a minimum of 1 acre in area and 140 feet minimum width. 4. Prior to September 14, 1967, the property was included within the "Stubbs Bay Zoning District", effective since July 10, 1950, a residential zone requiring a minimum building lot size of 1 acre in area. 5. The applicant purchased the property in August 1948. 6. Prior to 1958, the property was undivided and contained approximately 4.19 acres and contained only the residence located at 3425 Watertown Road. Paae 3 of 9 7. On September 221 1958, the City Council approved the request of Mr. Ferrell to construct a second residence on the undivided property. The request was granted subject to approval of the Planning Commission. Subsequently, Mr. Ferrell was issued a building permit to construct a new residence on 6ctober 13, 1958, which residence is now known as 3405 Watertown Road. 8. Sometime during 1958-1959, Mr. Ferrell subdivided the property �.o that 3425 Watertown Road was contained within a separate 1.29 acre parcel, the new house at 3405 Watertown Road was located on a 1.01 acre parcel (Parcel 1 per attached Exhibit A), and 2 additional parcels (Parcels 2 and 3 per Exhibit A) were created between 3405 and 3425 Watertown Road. 9. Mr. Ferrell has retained ownership of Parcels 1, 2 and 3 since their creation as a result of the 1958-59 subdivision. 10. On March 18, 1985, Mr. Fer ;. 1 requested City staff to accept a variance application for approval to construct a new home on Parcel 3. At staff's recommendation, Ferrell submitted the application as a zoning appeal in order to be granted a timely review and recommendation by the Planning Commission without submitting the complete survey and soil testing information required. 11. Pursuant to the zoning appeal application, the Planning Commission held a Public Hearing on this matter, Application No. 903, on April 15, 1985. The Planning Commission confirmed that many variances were necessary in order to build on either of Parcels 2 r 3 and the Planning Commission gave the applicant the general direction that Planning Commission would likely only recommend approval of one new house, and only if Parcels 2 and 3 were combined. 12. The zoning appeal was reviewed by the City Council on May 28, 198.5, and the Council affirmed staff's interpretation of the zoning code that many variances would be necessary in order to build on both vacant lots, and at that meeting certain individual Council members stated they would likely consider one additional building site but not two. 13. On October 9, 1.985, Mr. Ferrell submitted a formal application for variances to build new homes on Parcels 2 and 3. The Planning Commission held a public hearing on the matter on November 18, 1985, and tabled the application pending submittal of additional required survey and soil testing information for the existing house on Parcel 1. 14. On February 18, 1986, the Planning Commission again reviewed the c,orapleted application. The Planning Commission unanimously recommended denial of 2 new building sites but recommended approval of 1 new building site using the combined Parcels 2 and 3. Page 4 of 9 15. The City Council -eviewed the application on March 10, 1.986, tabling it untP. April 14, 1986 for final action. On April 14, 1986, the City Council directed staff to draft a resolution of denial based on the following findings: a) The extent of the variances requested is excessive for the RR-lB zoning district. b) Given the history of septic system problems in the City of Orono and surrounding Lake Minnetonka, a density of 3 septic systems on 2.9 acres in a district where 6 acres is required for 3 septic systems, is excessive. c) Because the property is currently used as conforming residential building site, the applicant would not be deprived of a reasonable use of the property. d) Applicant has not demonstrated sufficient hardships to justify granting of the requested variances. At the April 14, 1986 Council meeting the applicant noted his attorney could not be present at the meeting. The applicant was sked if he wished to have the matter tabled until his attorney �.as present. Applicant waived his right to have his attorney present. 16. The applicant maintains that he divided the property in 1958-59 at the request of then Mayor Herb Ross. Because the zoning code iopted in 1950 allowed only one residence per building lot, Mayor xoss would have been legally bound to require that a division be completed in order to allow the new house which was permitted in 1958. 17. The applicant maintains that the property was divided in a manner such that new homes could be built on each of Parcels 2 and 3 according to City codes at the time of division. In fact, Parcel 2 does not and never did contain the 1 acre in area required under previous zoning of the property. 18. The applicant has provided soil testing, proposed septic system designs, and proposed site plans for each of Parcels 2 and 3 which indicate that technically, septic systems can be provided to serve a residence on each of Parcels 2 and 3, meeting the required sanitary setbacks. However, technical feasibility is not the only criteria considered by the City in reviewing variance applications, and in this case and other similar cases, the City has also considered, as a matter of policy, the potential adverse effect of higher density housing on the quality of Lake Minnetonka and the potential adverse effect on the general health, safety, and welfare. Page 5 of 9 19. The applicant maintains that when th-- zoning was proposed to b- changed from R-1C (1 acre) to RR-lB ( 2 acre) in L974, he attended the public hearings and was told that his lots would still be buildable under the new zoning. This occurrence has not been documented by the ,., dlic"nt nor c in it be verified by the City. Whether or not it occurred, the Zoning Code adopted by the City Council would be binding. Mr. Ferrell was notified in writing by the City in 1981, upon inquiry, that under the current code, no building permits for a new house would be issued, and that no basis existed for the granting of variances. 20. The 1967 Zoning Code,which designated the property as R-lC, 1 acre, 140 foot w:.dth, stated as follows regarding existing lots of record: 31.200. Existing Lots. A lot of record existing upon September 14, 1967 Wne effective date of tLe Zoning Code) under single separate ownership in a "R" Residential District, which does not meet the requirements of the Zoning Code as to area or width may be uti;izei:: for a single family detached dwelling purpose provided th �_t in the judgment of the Council such use does not adversely affect public health or safety. Single separate owner- ship includes joint ownership by not more than two persons. The 1967 Code dial not discuss common ownership properties nor did it differentiate between sewered and unsewered lots of record. However, by using the term "Single Separate ownership", it implied that other types of ownership would be treated differently but did not define in what way. Under this code, the applicant would have been allowed to build on Parcel 3. without a variance because the lot met the standards of the R-lC zoning district. Parcel 2 would have required a lot area variance in order to be legally buildable. 21. The Zoning Code adopted January 1, 3.975, which declared the property to be ztone3 RR-lB, 2 Acre Single Family Residential, stated as follows regarding existing lots of record: 31.201. Ex..sting Lots. A lot of record existing upon January 1, 1975 (the effective date of the Zoning Code) under single separate ownership in an "R" District, which does not meet the requirements of the Zoning Code as to area or width may be utilized fo:- a single family detached dwelling purpose provided that in the judg,!. nt of the Council such use does not adversely affect public health or safety and the following requirements are met: 31.203. In "R" districts of Greater Than One Acre. A tot of record in any "R" District in the City in excess of one acre, which does not meet the requirements of this Zonirg Code a:.; to area or width only, may be utilized for single family letached dwelling purposes if the Council finds: Page 6 of 9 1) it is at least one acre in size, and the average width of the lot is at '_east 100 feet; and 2) it is either served by public sanitary sewer or meets all the septic system requirements of the City or other governmental body; and 3) it otherwise meets the requirements of this or other applicable ordinances. Under this Code, the Council, at their option, could have granted a lot area variance for a tot of single separate ownership, but the Code again did not specifically discuss an, standards for the separation of con,_ _)nly owned lots. 22. City policy regarding the separation of unsewered, undeveloped substandard, contiguous lots in common ownership was clearly defined by an action of the City Council in 1981, in which the separation of a developed 1.4 acre lot fr--,t:i the adjacent vacant 1.7 acre, 120.3 foot wide vacant lot in the LP -IA 2-acre, 200 foot width, unsewered zone was denied. (Application Nc,. 635, Council action to deny on October 26, 1981, based on: a) lack of demonstrated hardship; b) no as-'tary sewer available; c) insufficient area; d) insufficient wi 23. the 1984 Zoning Code amendments included the addition of Section 1.0.03, Subdivision 6 (C), which prohibited the "transfer or sale of non -conforming, undeveloped lots not served by public sanitary sewer, aligned in a contiguous arrangement, undivided by a public or private road or road easer- rt and under same or common ownership" unless specifically approved by the City Council , or un le , - the resulting lots satisfy the area and width requirements of th .oniaa C__ ie. No performance standards for approval of such transfers )car in the code. At least 13 properties or groups of properties in a situation lar to Ferrells with a high potential for request of similar ances h;-ve been identified within the City of Orono. 25. Since ,anuary 1, 1.975, when the 2 acre RR-lB zoning district became effective, no permits have been issued for new residences on commonly owned substandard lots in the RR-lB district. Of 153 new resid,•nvr� permits issued in the RR-lB district from 1/1/75 to 5/l/86, 145 permits have been issued for conformi.na lots, 7 permits have been issued for substandard lots of record in single separate ownership due to the inability of applicants to combine or acquire additional land to create conforming lots, and 1 permit was issued to demolish and rebuild on a substandard single separate ownership lot where a house was already existing. The City of Orono has consistently denied pe-mi.ts for substandard lots owned in common with adjacent developed in the RR-lB district. Page 7 of 9 26. The •:ity Council has always, required that. when ta.o or more unsewered lots are owned `n common, each lot must individually meet or exceed the requirements of she Zoning Code before an. i )F the lots can be built, upon and that two or more substandard lots owned in common must be combined so that the resultinq combined lot meets the requirements of the "honing Code before the lore can be built upon. Z 1. The granting of such a variance would require amending the many sections of the Comprehensive Plan that govern the rural development. Df the City. The City of Orono has been consistent in requiring a minimum of two acres for a buildable lot in the rural areas of the City where there is no sewer service. 28. In review of the factual findings noted above, the City finds that to establish a precedent that would allow severely substandard lots to be developed to be in complete conflict with the established environmental standards for rural development within the City and to be detrimental to the public, health, safety and welfare. The City also looks to the broader., environmental principals and goals setforth in its Community Management Plan and the intent of the specific zoning district when dealing with matters related the public, health, safety and welfare. Issues involving the public health, safety and welfare are not only resolved in securing the obvious traffic and drainag- concerns of surro- -ing property owners but the City also must prov..ie its citizens %, a designated nd approved optimum level of density, open space and quality of life. 29. ThE granting of such a variance would require the rezoning of the property to an urban lot size in addition to requiring the ext,�nsion of City service. Lo the property to maintain a suitable level of fire protection. 30., The gran. ing v': such a variance, would require the extension of City water and Fewer to maintain the standards setforth in the Orono Zoning Code and Comprehensive Plan - an urban sized lot. 31. In granting such a variance, Council. would abandon a longstanding, consistent policy in consideration of the buildability of substandard lots !ender common ownershiT-. and thoreby establish an adverse precedent. 32. Denial of the subject ve.riances would nor stitute a taking of property or loss of substantial value becaue rcels 2 and 3 have always had value and have been used as required a.ea for the residence on Parcel 1. 33. The intent of the application is contrary to the letter and intent of the Orono Comprehensive Plan. Page 8 of 9 34. The-riances would have an adverse effect upon the health, safety and welfare of the community for the reasons outlined herein. 35. The amount of light and air in the neighborhood would be diminished by adding a structure on the substandard lot. 36. The values of surrounding properties will be adversely affected. 37. There are no special con�itions applying to the land in question which are peculiar to the land or immediately adjoining property. 38. The granting of the application, is not necessary for the preservation and enjoyment of a substantial property right of the applicant. 39. The granting of the variances will serve mainly as a convenience to the pplicant, and is not necessary to alleviate demonstrable bardsh p - difficulty. 40. In order +o put everyone on notice that the above referenced substandard _ -; in common ownership must remain under common ownership to mai.cain the existing_ house as a conforming use, Council hereby directs the City staff to file such notice against the properties legally described herein. Adopted by the City Council o`_ the City of Orono, Minnesota, at a regular meeting held May 27, 1986. '"'TEST, Dorothy Hallin, City Clerk Mary C. Butle Page 9 of 9 -4'ayor -1 ZONING FILE NO(990 / CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Da,e of Notice: 5/28/86 ----------------------------------------------------------------- TO: Ward Ferrell COPIES: 3405 Watertown Road Long Lake, MN 55356 TYPE OF APPLICATION: XX 1rariance -------------------------- -------------------------------------- Date of Meeting: 5/27/86 Vote: 5 For 0 Against COUNCIL ACTION - MOTION: Table at applicant's request until the Monday, June 9, 1986 Council meeting. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder or City Clerk after review and approval by the Planning Commission. lb GGUNC6! .. MEF-TING JUN 9 -1986 To: Mayor Butler Mark E. Bernhardson, City Administrator r%y'�'M RI Orono Council Members `=I' ` L� �"' From: Jeanne A. Mabusth, Zoning A�I,rinistrator Dat.,: June 3, 1986 Subject: #991 & 1018 William J. Ulrich, 1535 & 1595 Bohn's Point Road - Conditional Use Permits & Variances - Resolution List of Exhibits Exhibit A - Cook's Report on Fcundation Drains Dated 6/2/86 Exhibit B - Drain Tile Plan by Mark Gronberg Exhibit C - Resolution Per Cook's recommended controls, applicant's plan must meet the following criteria: 1. 3 feet of impervious soils must be installed between the ground surface and foundation drain 10 feet out around the house to prevent contamination of sure ce run-off from above. 2. Outlet to drainfield must be at 930.5 elevation not at 929.8 elevation as shown in appli --it's plan. 3. Drainfield must maintain 10 feet setback from lakeshore. 4. Plan should provide an overflow provision for peak flows. A RESOLUTION GRANTING AFTER -THE -FACT CONDTIONAL USE PERMITS AND VARIANCE TO MUNICIPAL ZONING CODE SECTIONS 10.03, SUBDIVISION 9 10.21, SUBDIVISION 2 AND SECTION 10.55, SUBDIVISION 8 FILE #991 5 1018 WHEREAS, William J. Ulrich (hereinafter "the applicant") is the owner of the properties located at 1535 and 1595 Bohn's Point Road within the City of Orono (hereinafter "City") and 'legally described as Lots 1 & 2, Lydiard's Park, Lake Minnetonka, (hereinafter "property"); and WHEREAS, the applicant has applied to the Cit, of Orono per Municipal Zoning Code Section 10.03, Subdivision 19 for after -the -fact and proposed conditional use permits to allow the completion of certain land alterations on the property not authorized under Builcing Permit No. 5737 or a conditional use permit and per Municipal Zoning Code Sections 10.21, Subdivision 2 and Section 10.55, Subivisioi, 8 seeks variances to permit after -the -fact and proposed land altertions within 75 feet of the shoreline of Lake Minnetonka. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning Files #991 and #1018. 2. The properties are located in the ;,R-lB, Lakeshore Residential District. 3. The prope�cies consist of approximately 7.64 total acres in area. 4. The land alterations, approved with the grading plans on August 26, 1985 with the issuance of the building permit for a new residence on Lot 2, Lydiard's Park, Lake Minnetonka, did not include the land alterations reviewed under the current applications. 5. The City has completed a comprehensive review of both after - the -fact Applications 991. and 1018 defining ez-h of the major land alterations as specific areas for considcra, on as follows: Area 1- Alteraticn of "lagoon area" located within 75 feet of lakeshere The area has been regraded with 3 to 6 inches of top soil. in preparation for seeding. Page 1 of 6 Area 2 - Two trenches 2 feet wide have been constructed from the foundation at approximately the 933 elevation and extend to witl- n 75 feet of the lake. The trenchs consist of PVC pipe su_roun(3ed with crushed rock with a silt fabric barrier over gravel. Applicant wishes to discharge underground drainage into the lake. Area 3 - Applicant proposes 6 feet high berms along the street lot line of the property. Area 4 - Applicant has placed from 4' to 8' of fill within a 100' by 360' corridor located along the shared lot lint of Lots 1 5 2 Lydiard's Park. 6. The Orono Planning Commission reviewed this application on April 21, 1386, and recommended approval of the after -the -fact variances for land alterations performed wiI- yin 75 feet of the lake and for the proposed installation of a y_ound water drain - field placed 10 feet from the shoreline per Municpal Zoning Code Section 10.21, Subdivision 2 and Section 10.55, Subdivision 8 and recommended approval of certain after -the -fact and proposed conditional use permits to permit the fill to remain along the shoreline (Area 1) and along the shared lot line (Area 4) and to install a foundation ground water drainfield (Area 2) and denied applicant's request to berm along the street lot line of Lot 2 Lydiard's Park (Area 3) based on the following findings: A) The 6 feet high berms are not compatible with surrounding neighborhood. The property is located off a limited use road that serves an old established lakeshore neighborhood on a small peninsula. B) The six feet berms would destroy the natural open yard appearance and ambiance of this neighborhood. C) The use or locating of solid, privacy walls or fences on lakeshore lots is limited because the intent and standards of Orono's code is to preserve the view of the lake for all lakeshore property owners. D) The applicant has failed to demonstrate the need for screening from noise or lights and has only stated that the berms would provide privacy. 7. The Orono Council at their meeting of May 12, 1986 conceptually adopted the Planning Commission recommendation and in addition advised the applicant that 3 1/2 foot berms would be permitted along the street lot line (Area 3) finding such i-pr.ovement. compatible with the intent and purpose of the iicipal Zoning Code Chapter as set forth in Section 10.01. Page 2 of 6 8. At that same meeting the Orono City Council directed staff to prepare a resolution of approval for Applications 991 and 1018 and to include the following findings in that resolution: A) The alterations proposed in the lagoon area (Area 1) involved no major changes in elevations or in local drainage. This type of filling is typical where new ground cover is to be installed. Applicant maintained adequate erosion control thoughout entire restoration. B) The alterations proposed within 75 feet of the lake to permit the installation of the foundation ground water drainfield as proposed in plan by Mark S. Gronberg referred to as Drain Tile Details (Area 2 ) and as amended by Glenn Cookireport dated June 2, 1986 is found to be superior to drainage allowed to surface on ground to collect sediment, fertilizers and other debris. C) The berming along Bohn's Point Road right-of-way (Area 3) as approved by Council will be consistent with the height of all allowed man-made improvements along the street lot line of lakeshore lots adjacent to minor thoroughfares and such improvement would be consisten-� with the intent and guidelines for all development within lakeshore residential districts. D) The filling within the corridor along the shared lot line of the property (Area 4) provides more uniZorm or flatter grades providing a more suitable treatment area for surface drainage rather than the more extreme elevations approved at the time the building permit was approved. The east 1/3 of the property now drains to a pond before entering the main lake. 9. The City Council finds that the conditions existing on this property are peculiar to 1.t and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to pzeserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 3 of 6 10. The City Council finds that granting a conditional use permit to allow the land alterations as noted above 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 amended level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findi.nas, the Orono City Council hereby grants variances to N.unicipal Zoning Code Section 10.21, Subdivision 2 and Section 10.55, Subdivision 8 and grants conditional. use permits per Section 10.03, Subdivision 19 to permit the land alterations as amended and noted above on the property subject to the following conditions: 1. A fence or wall can not be installed within berm area along street lot line. 2. The public right-of-way of Bohn's Point Road must be completely restored by July 1, 1986. 3. The former residence on Lot 2, I,ydiard's Park must be completely removed by July 1, 1986. 4. Drain Tile Plan by Mark Gronberg is approved by the City subject to the outlet elevation being raised to 930.5 elevation and drainfield cannot be closer than 10 feet from lakeshore. 5. Applicant to execute a Developer's Agreement and submit an acceptable form of security prior to the issuance of a land alteration permit by the City to assure the completion of the following improvements: A) Removal of all excess soils not to be used in final grading of. property - applicant t,�- determine approximate amount of cubic yards to be remove B) Preparation of enti:a disturbed area for planting. C) Cost of seed or sod for restoration of entire disturbed area. 6. Applicant must alter existing berms to approved height of 1/2 fee*_ along the street lot line by September 15, 1986. Page 4 of 6 7. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (June 9, 1937). 8. 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 stall be punishable as a misdemeanor. 9. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and c- 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 9th day of Jule, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Property Owners Page 5 of 6 Bonestroo, Rosene, Anderlik & Associates, Inc. 2335 W. Trunk Highway 36 St. Paul, MN 55113 612.636.4600 June 2, 1986 City of Orono Box e6 Crystal Bay, MN 55323 Attn: Ms. Jeanne Mabusth a Engineers & Architects Re: File No. 139 - 1018 Ulrich Pear Jeanne, Oran G. Ikmsvou. P. F. NOV'I N. Kwrnr. P.E. Jowph C. Andrrld, PE Nrddlord A. Lrmhrr . P L Ric hued E. Jarner, P.E. Jams C. LNwn. PC Glenn R. CooA. P E. A nth A. Gordon. P.L. lhum I L. Aolr., P.E. R,, Amd W. l our•. P.E. Rohrer G. Srh—hr, PC Mdr.ln L. swwrlo, P.F. Donald C. 8uriardr, P.E. Jr— A. Buardon, PC .Nark A. Honwrr, P.E. I rd A. Fwhl. P. F. A!u Awl T Kamrrwnn, P F K..}err N ls—ul 0. Lwkald. P l.. I honrp N'. Parson, P.E. Aha hoe/C. Llna A, P,L A'arrn L. Ndim P F Jr s R. Mulend. P. F. ArnnNh P. Anrlrson, P.E. Amh A. A,Nhmmnn, P.L. S1dr4 R golfs. P E. Robrri C. N"ek, A.I.A. I hwruu L. AnXul. P.E. U "Il L Younc, P L. Chm[s A. Ern k uwn teo M Por'bky Ildrhrn .K Oban Sawn Af. Lhrrhn We have reviewed the question of discharging foundation drains directly to a lake or other body of water. The concerns to be addressed are water quantity and water quality similar to surface water m ;ement. The quantity of water which would be discharged by constructing a pipe to the lake would generally ` greater than discharging onto the ground surface. The rate of discharge wo,._k definitely be faste This problem could be resolved by constructing a drainfield system near the end of the pipe at the shoreline to allow the water to filter more slo,aly into the lake. The water quality would generally be a:: good or better through a foundation drain system discharging directly to the lake. Water discharged onto the ground surface would have an opportunity to collect sediment, fertilizers aid other debris prior to running into the lake. The City currently has Ordinance 3.20 "Rules and Regulations Relating to Sew- erage Service" Subsection 5C. which prohibits the discharge of foundation drains into the sanitary sewer. We would not a need for a new ordinance but would recommend that the City adopt a polic; which allows the discharge of footing drains into a lake or other body of water provided the following 4ontrols are established: 1. Three feet of impervious soils be provided between the ground surface and the foundation drain within 10 feet of the house foundation walls. 2. The outlet end of the drain be set at elevation 930.5 in the case of Lake Minnetonka or one foot above the normal water elevation for other bodies of water. 5467d Page i - 30 Year Anniversary City of Orono Orono, MN Re: File No. 1311 June 2, 1986 3. A dra:infieLd be constructed near the outlet but not closer than 10 feet from the lake or body of water. The drainfield should have an overflow provision for peak flows. The adoption o! this policy for foundation drains would result in an improve- ment in the qua.ity of water draining into a lake or other body of water. If you have any questions, please contact this office. Yours very truly, BONESTR00, ROSEXE, ANDERLIK 6 ASSOCIATES, INC. A Glenn R. Cook GRC:li Page 2. 546 7d � ' � \ ? MPPt.& �I ��! • Off' � � . .! :.wHitei cAk. .01 HAM IAA �1n ! rl � � \ • .''4 O;.Ac� OAK , i • j ^ GATE N �dM''=ih • r � 1A Z by XAT 1,0X r 4 H TiM chv. -AWAL L Acioj h LF AKc. T' KAL, At.,� y P44N rA T - r- It It tlr^H TIL* 4° cc - C; cv,; Flir.6 56�, ri� AGE cyst-. 0:-AVEL. FILL tvco Dj`'PUVI`' j W 3 04m� ' U <' YEAi", ' 4_P-Y 9:9.4 COUNCIL MEETING TO: Mayor Butler JU�J 9 -19�G Orono Council Members FROM: Jeanne A. Mabusth, Zoning Administrator Xy OF no DATV:: June 5, 1986 SUBJ: #LJ11 Excelsior Bay Yacht Club Inc., Deering Island - Conditional Use Permit and Variance At the Council meeting of May 12, 1986, Council asked for the City Attorney's opinion on the following issues: 1. Is a for profit club eligible for a conditional use permit under the current code if it meets the standards set forth in Section -').31? Resp,,nse: Vie code is not clear and should be amended if Council's cention is for commercial or "for profit" clubs to qualify u:,der the day use recreational areas. Blatz has reviewed the intent and public policy contained in the RS code and specificially notes Section 10.30, Subdiv -'...-)n 3 C which cites examples of approved users - private, non-p Lit groups such as scouts, churches and the YMCA/YWCA. The applicant would not appear to fall under this category. 2. Does the applicant need to apply for an area variance with a property classified as a conforming record lot per Section 10.31, Subdivision 6 E? Response: Blatz notes the following points: a) The day recreation use is not listed am • the conditional or permitted "one family" uses automa — pally gran* d (or grandfathered) to a conforming lot. this spec lc use is not a "one family" use anal is subject to full review of Council. b) Application must meet all conditions listed under Section 10.31, Subdivision 3 C before a conditional use permit can be grant,l - the area standard cannot be satisfied, therefore, applicant must apply for a variance and Council must ma),- a finding that the area can support the proposer' It- -el c se. 3. Does the _icant need to apply for a dock license under Se,~tion 5.42e Does the code also set a minimum boat slip allowance? Zoning " le #1011 June 5, 1986 Page 2 of 3 Response: The day use conditional use permit requires all applicants to obtain dock licenses (sepcifically joint use dock licenses) from the City and LMCD on an annual basis. The code does not establish minimum boat slip allowances. The code clearly delegates, to Council, the responsibility to determine what use level will have less ' )act or adverse effects on the public welfare, but in no case boat slips shall not exceed one slip per 50 feet of shoreline. Planning Coaanission's Review of Application Clearly, the Planning Commission viewed the application, as amended, as an acceptable day use recreational area and safe use lev(' for Deering Island. The application satisfied all standards except for the 5 acres area requirement. The Planning Commission failed to address whether the Excelsior bay Yacht Club qualified as an applicant. The c—nmercial or for profit aspect of the application was certainly a known factor. At the Planning Commission meeting of March 17th, members were asked to consider the following: 1. Is the proposed use in conflict with the original intent of the R.S. District?... with Orono's Comprehensive Plan? long established pclicies encouraging eventual public .)wnership of the islands as recreational resources for general lake users .. limited private seasonal recreational use would be allowed to continue indefinitely subject to strict conformance with special heal h and safety standards". 2. Is the proposed use consistant with other Day Use Recreation facilities within the City i.e. Power Squadron, Vets Camp, ...? 3. :is Day Use Recreational Area use allowed as a new use ... or only permitted as a continued existing use as long as use satisfies standards? The intent of the publ •olicy for Orono's island districts was never addressed by the Planning Commission nor did they address whether the applicant qualified under Section 10.30, Subdivision 3 C as a private, non-profit group such as scouts, churches and the YMCA/YWCA. Zoning File #1011 June 5, 1986 Page 3 of 3 The Planning Commission's review centered around the property. Deering Island, and the City's obligation regarding the property's classification as conforming_ lot in light. of the area discrepancy. The Planning Commission felt assured that the controls placed on the use of the island guaranteed the public safety and welfare. At a meeting held with the applicant. on June 3rd, staff was advised that ..xcelsior Bay Yacht Club had no ownership rights in the island and that Paul Scherber was the sole owner of the property. Scherber is offering his property for the use of the Commodor Club as a day use recreation area. Paul Scherber is really the applicant and not the yacht club. Staff would ask Council that the application be referred back to the Planning Commission for direction on the fallowing: 1. Does this applicant qualify under the present code for the day use recreation area? 2. What is the intent of th RS District and Comprehensive Pla.. regarding the island areas of the City? 3. Does the fact that Deering Island is owned by another entity and .iot the Club create special concerns"? a) proposed improvement for Club? b) desire of private owner to use island for private use? 4. What type of license should be required for maintenance of slips that would temporarily serve to store or moor members boats? Joint use or business use license? MEMORANDUM TO: City Council FROM: City Attorney DATE: June 3, 1986 RE: Excelsior Bay Yacht Club Application for Conditional Use Permit. and Variance I. ISSUE The Excelsior Bay Yacht Club has applied for a conditional use permit and variance in order to provide a day -use recreational area on Deering Island. In reviewing the application, the City Council and staff has requested a legal opinion on the following issues: 1. Is the Excelsior Bay Yacht Club, a for -profit corporation, eligible for a conditional use permit under the City Code if it meets the conditions set forth in 510.31? 2. Given the fact that Deering Island is,2.65 acres, does the Excelsior Bay Yacht Club need to apply for a variance? 3. If granted a conditional use permit and a variance, would Excelsior Bay need to apply for a dock license under 55.42 of the City Code? II. ANALYSIS A. Public Policy Section 10.31 of the Orono City Code provides for the establishment of 'RS' Seasonal Recreational Districts on the three Lake Minnetonka islands within Orono. The Code specifically recognizes that because of the location of the islands special probl, s exist relating to the provision of public services and traffic. While the Code does allow for several uses of the islands, the language of S10.31 states that as long as the usages remain 'minimal, public health and safety is reasonably maintained'. It is against this background that the Citing Zoning Ordinances have developed to allow for three permitted uses and six conditional uses in an RS District. The conditional use brought into question by the applicant is set forth in 510.31, Subd. 3C. Section 10.31, Subd. 3C, provides for a "day -use recreation area" and the conditions under which such a permit may be granted by the City. Subdivision 3C describes such a recreational area as: Land or structures owned or used by any private club, association or group of unrelated individuals as a regular meeting place for group activities including without limitation boating activities, swimming, fishing, picnicing, athletic fields, nature trails and other day use. The section goes on to illustrate the City's intention of what is included under this description. ...This category includes day use scout, church, Y:MC1. or YWCA camps, private non-profit park and boating groups, clubs or associations The applicant in this instance, Excelsior Bay Yacht Club, is a for -profit club that offers its members a three prong dues structure: $100.00 for a social membership; $350.00 for a Commodore Club membership; and $1,000.00 for corporate membership. The Commodore Club is open to 300 charter members and its list of privileges includes the "exclusive use of Dee-ing Island recreation area". The City Code sections pertaining to the purpose of a RS District and the day -use recreation conditional use do not specifically exclude commercial for -profit clubs or associations from operating a day -use recreational area within an RS District. Nevertheless, an argument can be made that the City never intended that such a use be permitted on the island. Specifically supportive of such an argument is the fact that the examples set forth in 510.30, Subd. 3C, of what groups would fall within the category are limited to private, nor, -profit groups such as scouts, churches, and the YMCA/YWCA. Excelsior Bay Yacht Club, Incorporated does not fall within this general category. The Council, therefore, needs to determine whet::er or not it is in the best interest of the community and consistent with public policy to allow a commercial for -profit club to utilize the island for the purposes outlined above. -2- A. Variance The second issue to be addressed is the applicant's need to apply for a variance given the fact that Deering Island is only 2.65 acres. Section 10.31, Subd. 6, 3(1), specifically states that the minimum dry buildable record lot area required for approval of a day -use recreation area conditional use permit without a variance is 5.0 acres. Section 11.31, Subd. T , o7F_ the Code as adopted classifies Deering Island as a conforming record lot with a dry buildable area of 6.5 acres per owner. A conforming lot is defined as a lot he ing a minimum of 5.0 acres per owner. A conforming lot under the Code may be used for any one -family permitted or conditional use in the RS District as set forth in the Code. Subdivision 6F of the same section sets forth the substandard -buildable lot inventory. A substandare-- buildable lot is determined by the Code to b,.. less than 5.0 acres per owner and is eligible to be used or two of the three oermitted uses without having to ob.iin a variance: 1) one -family seasonal recreational use and 2) a single permitted seasonal dwelling. Deering Island was not surveyed at the time the RS District definitions for a -onforming or substandard lot were adopted. Th: 'np.. Int has recently had an updated boundary surv. one which confirms that the dry buildable area of the island is 2.65 arras. Given the significant variati,.:, in the acreage (47%), it is my opinion that the Council needs to treat the island as a substandard lot under §10.31, Subd. 6F. The Coun^ills purpose in adopting the land use plan is to protect the health, safety and welfare of the community and, therefore, it is obligated to recognize the facts presented to it and is not bound by incorrect data, albeit codified at `' present time. This determination does not have an effect on the need for the applicaors to request a conditional use permit for the recreational use of the island. The "day -use" is not listed among the conditional or permitted uses that a conforming lot is assured of b,-ing granted. The on: , uses that are specifically allowed are those relaL_ng to "one -family" uses such as principal dwellings and private guest cat:.ins. The day -use recreational ar.-�a conditional use is not a 'one -family - use and, therefore, it is subject to the fill review of Council. Finally, thr c' e,,ant language in the day -use section instructs t' Council :hat: 1510 A conditional use permi* may be u3ed for a day -use recreational area pr(_.vl�ed the applicant demonstrates and the Council finds that the property is large enough to support the pro -Dosed use without adverse effects upon the lake, ;pon the lard or wetlands, upon neighboring or nearby properties... Section 10.31, Subd. 3C, goes on to list other conditions that must be met before the conditional use can be authorized. Such criteria must be reviewed and applied to the application before the Council. Regardless of whether the island is conforming or substandard, the final granting of a day -use conditional use permit is totally within the jurisdiction of the City Council. 3. Dock ing One of the requirements codified under a day -use recreational area conditional use permit section is that the holder of the c-)rditional use permit obtain a dock license from the Cil end from LMCD on an annual basis. The conditional use permit would thereby be conditioned on the recipient's strict adherence to all of the conditions set forth in the dock license. It is important to note that the day -use recreation area conditional use standards states that the number of license boat slips shall not exceed one slip per 50 feet of shoreline. In no instance, does the code set a minimum boat slip allowance. Rather,'the docking requirements, as with all other conditions, are to be based on the Council's detcrminati.on cf what can be allowed without adverse effects on the community. III. CONCLUSIONS AND RECOMMENDATIONS A. The Council needs to review the Excelsior Bay Yacat Club, Incorporated's application in light of the public policy conta4aed in the Code. Based on the Council's review and de!armination, the Code should be amended to more clearly reflect the Council's intention of whether or nct far -profit businesses and clubs are within the scope of a day -use conditional use as p_--mitted by the Code. B. The applicant needs to obtain a variance and a conditional use permit. In judging the effect of a conditional use permit on the community, the City Council cannot ignore the fact that the island is approximately one-half the size needed to be a MEC KAB/jk 4798e conforming lot. Furthermore, oven if the island was conforming with the minimum ct 5.G acres, Council approval of a day -use recreational area conditional use is still required. This review process would provide Council with the opportunity to attAr!h conditions and regulati—s to the conditional use permit tc,at are necesv- . to promote the health, safety and welfare of the cc. s<<unity. Finally it is :recommended, that the Code Le amended to reflect the island's actual dry buildahle area. C. A conditional use permit would .seed to be conditioned on the applicant obtaining an annual dock license from the City and LMCD and meetic, all of the requirements set forth therein. The City Council should instruct the City staff to continue working with the applicant on the dock license if a conditional use permit is granted. -5- COUNCIL, WESTING JUN 9 -1986 TO: Or-)ro Council �� FRO14: Michael P. Gaffron '.;)TY Jf OHM DATE: June 5, 1986 SOBJ: #1015 Ervin F. K,_.-m Jr., 755/763 Nc `_h Ferrdale Road - Final Subdit LOP Resolutuion The applicant has completed all requ?renents of the Preliminar Subdivision Approva Resolution No. 1989. A resolution of t1 final plat approval is attached for Council approval. LYDIMiD HILLS •i L FEE 1N YONUYE;�T )*,V ARE ASSUYEO .�jyy.. i i Ga0NSERG, INC. LAJ% SURVETORS, PLAI. li 1i1 ` J ifs � C LL Ci (,( f J f A RESOLUTION APPROVING THE PLAT OF LYDIARD HILLS FILE NO. 1015 WHEREAS, the City of Orono is a municipal corporation organized and existing %ender the laws of the State of Minnesota; and WHEREAT , the City Council of the City of Orono has adopted sub- division regulati,+i,- for the orderly, economic and safe development of land within thr, City; and WHEREAS, the City Council has considered the app..ication for a subdivision plat by Ervin F. Kamm, Jr. the subdivider; and WHEREAS, Lot 2 of the subdivision requires a variance to the put' is street frontage requirement, containing 75 feet of frontage where 206 _eet of frontage is normally required, and Lot 1 of the subdivision requires a street frontage variance because it has no frontage on a public street but fronts on a private road; and WHEREAS, the subdivision has been found to meet all other standards of the RR-lB zoning district finding that each lot is of a size and configuration that will all its use as a single family residence to be fully developed without them • oPd of any further variances; and WHEREAS, the subdivide� ias completed all requirements of the platting regulations of the City, including: 1. Completion of all the requirements of Resolution No. 1989. 2. Dedication on the plat of right cf way for public street shown as North Ferndale Road. 3. Payment to the City of a Park Dedication Fee in the amount of $200.00. 4. Payment to the City for the legal review and filing of the p1At, easements and covenants in the amount of $75.00. NOW, THEREFORE, BE IT RRSOT.VED that the City Council of the City of Orono hereby approves the p= of Lydiard Hills, Hennepin County, Minnesota; subject to the following conditions: 1. Lot 2 shall access onto North Ferndale Road at a location to be approved by the Public Works Department. Page 1 of 2 2. Setbacks and yard requ= cements for Lot 2 shall be as shown on the preliminary plat drawina:- - file with the City. 3. The aforesaid plat gall be filed by the City of Orono wi.—. the Hennepin County Recorder's Office on or before December 9, i:86 together with a certified original copy of this Resolution. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Dated this 9th day of June, 1986. ATTEST Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Page 2 of 2 '�Tll�f PTO: Orono City Council COl���!a � PROM: Jeanne A. Mabusth, Zoning Administrator. JuN 9 -1986 DATE: June 2, 1986 "ITY OF W)" SOBJ: #1017 Morris & Jackie Nelson, 1900 Shoreline Drive - Zoning Amendment/Conditional Use Permit Zoning District - LR-lA Approximate Area - 3.3 Acres Application - Zoning Amendment to create a Bed & Breakfast Conditional Use Permit within a residential district Li:.t of Exhibits - A - Council minutes of 1/14/85 B - Current Application C - Applicant's addendum D - Property owners' list E - Plat map F - Excelsior resolution approving CUP at 201 Mill Street G - Hastings Ordinance H - Planning Commission Minutes of 4/21/86 I - Bouchard letter J - Coward letter Background Information on Proposed Bed & Breakfast Amendment Review exhibit A, in the final resolve of the Kaul's appeals application in January of 1985, Council directed staff to schedule a public hearing for the formal amendment of the code allowing a B & B use as a conditional use. it was unfortunate that the Kaul's were denied all reward after all the hard work that was put into the preparation of the application. The Nelsons propose the same level of use and seek an amendment of the code. The Nelsons will maintain this residence as their homestead - review Exhibit C. Six bedrooms will be available for guests of the B & B. Meals will not be served from their kitchen - "continental breakfast" menu only. Personal family laundry will. be done in home laundry - all guest laundry will be done commercially. The Nelsons will manage the operation without the assistance of employees. The specific B&B operation of the Nelson's within the residence at 1900 Shoreline Drive shall be tabled until the amendment is effective. The following are excerpts from a memo drafted for the Council's review of the Kau 1 application that will serve as background and a reminder of the issues and concerns raised in our first considerations: The subject property is the former. Alden Anderson homestead. In 1981, the City denied Anderson's variance application that proposed the separation of his substandard rural lots. The code requires four acres of dry contiguous land, the property contains r. Zoning File #1017 June 2, 1986 Page 2 of 7 approximately 3.3 acres of dry contiguous land. Since that variance review the Andersons have moved out of the house -- the house has been vacant for over 2-1/2 years. The Andersons have had the house offered for sale for at least four years . Reports from persons seeking information on the property confirm the house will require major repairs if it is to remain in its present state and not be torn down. Are there adverse effects on the character of this residential neighborhood as a result of this use. a. External appearance will not change except for the appearance of guo.sts in yard or at dock but in the performance of associated residential like uses. Remember the house contain:- 9 potential and if used to the "maximum potential, family unit" could sustain 18+ permanent members instead of the intermittant week -end use of the B&B guests. b. Septic use will be comparable to 1.0 member family use. Laundry will be done commercially. There is adequate area for more drainfields. In 1985 staff contacted two cities that have approved B&Bs. Stillwater allows theirs via a Conditional Use Permit in what they classify as an R-2 or duplex zone. A district that has predominantly large older homes. The Stillwater staff had reported that after the first B&B was approved at an 8 bedroom use (not primary residence for owner) that they never received a complaint from the neighbors and that those they heard from said they wouldn't even know a B&B operated within the residence. A second request for a B&B was approved in late 183 without any objections. The City is considering limiting the total number of B&Bs to four for the district. Excelsior allowed their B&B via a Conditional Use Permit because the use satisfied performance standards established for use of designated historic structures. I have enclosed the resolution that approved the use at 201 Mill Street. In our recent review, staff learned that the City of Hastings recently amended their code allowing a B&B use in a multiple dwelling zone (duplex) as a permitted use - similar to the Stillwater code (review Exhibit G). The Planning Commission felt that. the Hastings code provided excellent direction for Orono's amendment but that Orono allo4 a B&B via a conditional use permit. Staff rechecked with other governmental agencies that would have to either inspect (annual inspections) or license such facilities. A B&B is classified as a Lodging House by both State and Hennepin County "where " Zoning File #1017 June 2, 1986 Page 3 of 7 sleeping accomodations are furnished to the public as regular rooms, for periods of one week or more, and provide no morp, than 7 guest rooms to the public". Hennepin County would require a license :or such use and conduct annual inspections of the facility. Prior to the issuance of a building permit by the City, Hennepin County's Environmental Health Specialist must renew and approve all plans for B&B facilities. The State Fire Marshall will inspect the premises to ,ssure that all State Fire Code Standards are upheld. the facility must be approved by the Fire Marshall before it is open to the public. As the B&B will not provide meals, the more restrictive standards for the licensing of the kitchen facilities is not required by the Board of Health or Hennepin County. In 1985 Council directed staff to draft an amendment of the zoning code that would allow B&B use as a conditional use permit rather than as a permitted use requiring a license. The City Attorney advised that licensing would not address the land use concerns of such a use. A conditional use permit can be "as restrictive as the City wants". A conditional use permit can be reviewed at specified times - controls can be best assured as conditions of approving resolutions rather than as a permitted use under licensing. The following issues were compi lF ' by staff from Counci l's directive of 1985 for Planning Commission's cons_ierati_on: Performance Standards for Bed & Breakfast Use A) Zoning District 1) Are all zones suitable for B&B use 2) Are existing controls within each district adequate Ex: hardcover alone would deter a B&B use on an established substandard lot in LR-lC and LR-iB Applicant would have no hardcover problems B) Area - 1) Lot must meet all area and width standards 2) Lot must meet 150% of lot standards Current application would satisfy either 1 or 2 C) Ownership/Residency - 1) Owner occupied 2) Full time live in manager Staff recommends owner occupancy/primary residence D) Access - 1) Safe access - more intense use require approval or County 2) Access cannot be shared with other residential Must have separate/independent access drive Applicant has separate access - should be reviewed by either City by County Zoning File #I1017 June 2, 1986 Page 4 of 7 E) Sanitary Facilities - 1) Adequate sewer - possible need to pay additional sewer unit or SAC charge 2) Confirm on site septic capability at full level of operation Applicant must submit septic tests to assure compliance F) Parking - 1) Off street parking space for each guest room screened from public view - In 1,R districts applicant must provide hardcover inventory G) Signage - 1) Additional signage limits outside of Section 10.61 Subdivision 2 A,B, C 2) No commercial signs advertising B&B use, no special lighting except for low to grade safety lights H) Conditional Use Permit is not transferable to new owners - 1) B&B use must be licensed and routinely inspected by all appropriate agencies - City must receive copies of all licenses and inspection reports J) Conditional Use Permit must be approved annually. K) Structure must be inspected by Building Dept. of Orono to assure all pertinent fire code and building code standards are met. L) Appropriateness of Facility - Age of Structure - Size of Structure 1) Must structure be of a specific age, design, or size 2) What about limits on rooms for guests no matter the size of the structure, area of property, etc. M) What about prohibition of children's use of facility or is this best addressed in a resolution and with each specific case. N) If property has an approved B&B use what specific allowed residential uses should be denied to owners: a) other accessory uses b) other conditional uses c) public gatherings d) riparian rights of guests Or are these once again best addressed in each resolution with each specific case. P) Setbacks from lot line for B&B guest use activities (games, courts, picnic area, etc.) 30 feet, 40 feet, 50 feet Zoning File #1017 June 2, 1986 Page 5 of 7 Many of the items noted above may be best addressed with each specific application as suggepted by the City Attorney in 1985. The amendment should provide specific standards regarding: 1. 't.ppropriateness of facility - historic 2. Arpa - lot width standards 3. Ownership/occupied - non -transferable - annual renewal 4. Signage & lighting 5. Parking - access - screenilig 6. Sanitary facilities/water supply 7. Specific allowed residential uses denied to B&B use 8. Setbacks for all B&B activities from side & rear lot lines Applicant should submit their own covenants for the use of their home by guests concerning use of alcohol, pets, children, guests allowed per room, meals, etc. Staff prepared the following draft with multiple options for the Planning Commission's consideration at their meeting of May 19, 1986: AMEND SEC'1- -.',N 10.20, SUBDIVISION 3 BY ADDING Th" FOLLOWING CONDITIONAL USE 0 - Bed & Breakfast Owner/resident of an existing residence/dwelling may provide quest rooms for the purpose of overnight lodging for financial compensation by reservation only, and where no provision is made for cooking in any guest rooms and re,qular meals are not provided on the premises and in which ingress and egress to and from all guest rooms is through the principal residence/dwelling. The following standards shall govern all Bed & Breakfast operations within the City: Planning Commission amended the underlined section to read as follows: No mea:.s other than a light breakfast shall be provided on the premises. 1. The property must (select most suitable option): a) satisfy all applicable lot standards for the given zoning district b) satisfy 150% of al l applicable lot standards for the given zoning district c) satisfy all applicable lot standards for the given zoning district in addition to meeting the area ratio of 1/5, 1/4, 1/3 acre per guest room .. . but in no case shall the number of guest rooms exceed 6, 7, 8 Zoning File #1017 June 2, 1986 Page 6 of 7 Planning Commission selected the following option: The property must satisfy all applicable lot standards for the given zoning district in addition to meeting the area ratio of 1/4 acre per guest room, but in no case shall the number of guest i oc-ns exceed 6. 2. The facility shall be -owner occupied and serve as the principal residence of owner. 3. Acces:: to the property must not be shared with adjacent residential properties. Each guest room must be provided with one off street parking stall/space, sc .ened from adjacent residential lot lines. Planning Commission amended by adding the following: such screening to 'e of natural plantings. 4. No on -nice commercial s i gnage or lighting shall be allowed. All signage is limited to residential signs allowed under Section 10.61, Subdivision 2. A, B & C. Planning Commission amended by adding or lighting. 5. The Bed & Breakfast operation shall have a state license (lodging), and comply with all applicable standards of the State Uniform Building Code and State Fire Code. 6. A conditional use permit must be issued annually for a Bed & Breakfast operation. This permit is not transferable to a new owner. 7. All Bed & Breakfast Quest use activities must be located 30', 40', 50' from adjacent lot Lines. Planning Commission chose the 50' setback standard. 8. Sanitary facilities shall be adequate to handle the proposed level of usage. Where municipal sewers are not available for conne-tion, it shall be the responsibility of the applicant to demonstrate that the existing on -site sewage treatment facilities meet standards of the Orono On -Site Sewage Treatment Code for the proposed level of usage. In addition, applicant shall demonstrate that a suitable al.terna, drainfield site exists on the property. 9. An updated floor plan must be maintained by owner designating the following: a) location of guest rooms b) location of guest bathrooms c) location of resident bedrooms d) location of resident bathrooms Zoning File #1017 June 2, 1986 Page 7 of 7 9. (continued) Planning Commission amended by adding the following: Applicants must submit landscape plan, site plan locating all improvements and guest activities and an updated floor plan designating the following: 10. A property that has an established Bed & Breakfast shall not be permitted the following accessory or conditional uses: a) home occupation b) guest apartment or guest houses c) animal units must be satisfied by area outside of the area already credited for Bed & Breakfast use. Planning Commission amended by adding the following: and animals shal be maintained by owner/resident only. Council Action - To direct staff to prepare the ordinance amendment for publication, such amendment to be effective upon the date of publication. If members wish to deny, the following findings must be able to be made: 1. Proposed amendment is not in the best interest for the physical development of the City. 2. Negative impact on residential neighborhoods. 3. Potential hazard to the public, health, and welfare. 4. Detrimental effect on surrounding property values. MLNUTES 01" THE REGULAR ORONO COUNCIL MR1.1-I NG }1}:1.0 JANUARY 1 4 , 1 911'_> PAGE, 7 1878 THOMAS & KRISTI KA111, 1.900 SHORELINE DRIVE APPEALS PETITION Thomas and Krist: Kaul were present. Neighbor Pauline Bouchard of 1860 Shoreline Drive was also present. Kristi Kaul explained that she and her husband would like `_o restore the home at 1900 Shoreline Drive. Kaul noted that they would like to start a traditional bed and breakfast (hereafter B & B) operation in their home. Kaul stated that a B & B operation is when guests come and stay in your home just overnight or for a few days. Kau] explained that she could start a day care in her own home, but that the day care use would be a more intense use of the property. Kristi Kaul noted that the home has 7 bedrooms, but they are only requesting that 5 bedrooms be used for the B & B use. Kaul stated that they would restrict the maximum number of guests to 10. Kaul stated that the guests come on weekends during the summer and fall. Kaul stated that they expect 10 house guests per week. Kau]. noted that their B & B use would be registered in the National Bed and Breakfast Registry. Kaul explained that guests come after 5 p.m. and leave by 11 a.m, which leaves little time for yard or lake use. Kau] pres, ' ed a survey to the Council regarding B & B uses and % . the neighbors thought of the B & R use in their neighborhood in Stillwater. Kaul stated that the neighbors are objecting to things that would not be happening. Kaul noted t.,at there are a lot of misunderstandings about B & B's. Kaul explained that they are willing to do whatever the City wishes as far as licensing or permits. Kaul stated that they would be willing to let the City review their license every year so that iL` any neighbors have any complaints that things can be cleared up right away. Kristi Kaul stated that many of the B & B's that are in operation around Lake Minnetonka and surrounding communities did not even check with the City to get permission because they did not feel it was necessary. Kaul stated that neighbors have not complained about them and only a fey: people even know they exist. Mayor Butler noted that she was in favor of the application and asked staff how the City could approve this use. Zoning Administrator Mabusth stated that first the City would have to deny the appeals p:tition finding the Home Occupation Section of the code not applicable fora B & B use. CITY OF ORONO F �� ENERRL`` I AND SE AA-ICAT9N PROPERTY LOCATION Site Addre _ Property Identification Number (P.I.D. ) /6-/l7-01, 00/ff Please check one - Is the property abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. ----------------------------------------------------------------------------- APPLICANT Name F.(acki, / !,elsv-- Phone 19L7!- 4z56' Mailing Address 4lo,y' L�Druu�i /Qowd //(o, f�i ±% 00W"v OWNER Name �(a/e,� /9.i,dcrso,.. Phone oe/y- 'OF791 Mailing A:?i..ess If.56 e.S;Eorel1. l�.�• (�rw.e.o� �/N Date Property Acquired (month/year) I (do) (do not) also own the 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 Creeit/Blu.• $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration Grading and filling - 101 cu. yd. -r more Seawall, retaining walls w' in 75' of lakeshore PRD/PID - see fee schedule A&�A. _ OTHER APPLICATIONS $150.00 Commercial -it.e Plan Review (+ consultant fees) $250.00 Vacation $150.00 Iasement Vacation `e $ 50.00 Easement Vacation With Subdivision ne OTHER APPLICATIONS - CONT. $250.00 Rezonina $200.00 Appeals Other - see fee schedule -------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) -----------------------••--------------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 3501(you can obtain "his list from Hennepin County Department of Finance A-603 Government rernter 348-3271) 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names, on *he above list with no return address. Certificate of survey. 5. Construction plan, if applicable. Plat-------------------------f' - --` -- ---- `=------------� - The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. --- Z ----------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's sign.,t.ure Data T OWNERS SIGNATURE The owner hereby acknowledges and agrees to t.iis application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. owner's signatur �;� Date ------------------ ----------------------------------- I ----------------------- Applicant must have all submittals into the City of`ices 25 days before the flanninq Commission Meeting. Planning Commission moct-ings are held on the third Monday of each month. G jt f Jackie and Morris Nelson live in the Hamel area, married twelve years, and have a three year old daughter, Amy Christine. We are originally from the Fargo area and moved to the Minneapolis area tw+-lve years ago. We have lived in Hamel for nine years. Jackie is employed by the Roc':ford School District where-: she has been a sixth grade teacher for eleven years. She is a graduate of Moorhead State University with an education degree specializing in reading and art. Jackie has coauthored a book on the history of Wright County. This book is used by many area schools and is in its third edition. Two of Jackie's learning centers have been pub- lished by Instructor Magazine. Jackie is a watercolor artist. She particula. y enjoys painting realistic nature settings. Her works hang in the homes of friends and family e.s well as our own. Jackie enjoys collecting novelty watches, a hobby which she shares with her students. She also collects bears. Morris is a computer and communication specialist with Rosemount, Inc. where he has been employed for the past V. eight years. His responsibilities include assisting others within the company to use and communicate with computers to analyze data which helps Rosemount maintain its leadership in its industries. Rosemount is a high-tech manufacturing company specializing in industrial and aerospace measurement devices. Morris' favorite pastimes matting and framing Jackie's popular and classical music. include photography, and artwork. He also enjoys Both .-ackie and Morris enjoy restoring antiques. Our home is ',L;nished with many of these items. Restoring a piece of furniture to its original condition is a satisfying experience. Restoring the "Blue House" would be an equally satisfy- ing experience. Sharing it as a Bed and Breakfast Inn will allow others to appreciate its beauty. Morris and Jackie Nelson Bread and Breakfast Inn Plans Our goal is to restore the house back to its original splendor which will be enjoyed by many people in the future like others have in the past. Two new inns have opened in the metro area: the Christopher Inn in Excelsior and the Burwell House in Minnetonka Mills. As you can see, the demand exists and what a beautiful addition this Victorian home will be. Our bed and breakfast inn would be a private home in which we will allow people to be our guests for a fee by pre reservation. Visitors to a bread and breakfast inn are looking for a unique traveling experience with a dose of romance, history of the area and elegance. House guests who stay at a B and B are looking for a quiet and romantic home as a retreat or place to celebrate a special occasion such as a honeymoon, anniversary or birthday. They enjoy a quiet night's sleep and awake to a hearty continental breakfast (rolls, fresh fruit, coffee, tea). The home will. be decorated in the art of house when the architect designed it. Antiques with a flair of modern conveniences is what makes a bread and breakfast so popular. The goal of the innkeepers is to present a friendly atmosphere to the guests. We are ooth in the people busi- ness which adds an extra asset to is project. we feel. our goal is also to set our guests on n adventurous path to explore the community (restaurants, boating, art centers, museums, sports facilities, etc.). Morris and Jackie Nelson Bread and Breakfast Inn Plans 1. We intend to convert the third floor to be our personal living area with bedrooms and private bath. 2. The second floor which has six bedrooms will each have facilities and be used by our guests. 3. The first floor kitchen, living room, dining room, and varanda would be shared by our family and guests. 4. A hearty continental breakfast would be served to our guests (coffee, tea, fruit, rolls, etc.). 5. We would have six off st.-,!et parking spots behind the garage and on the south side of the water tower. Natural screening of buildings and vegetation exists so cars would not be seen by neighbors or passersby. 6. Laundry services will be used. Personal items will be laundered at the site. 7. We plan to have a dock available for family use. We would refer our guests to local businesses who desire access to the lake. 8. We will follow the necessary state and local codes to insure the safety and welfare of our guests. MEL RUN DATE 02/12/86 _ BATCH 005 38 10-117-23 13 0016 PROP ADDR 01105 HERITAGE LA OWNER NAME FOXHILL ASSN TAXPAYER FOXHILL ASSN NAME/ADDR 1150 HERITAGE LA WA17-ATA YN 55391 38 10-117-23 42 0004 PROP ADDR 01860 SHORELINE DR C'-'NER NAME T J I P M BOUCHARD TAXPAYER THOMAS J BOUiCHARD JR NAME/ADDR 1860 SHORELINE DR WAYZATA M!t 55391 39 10-117-23 42 0007 PROP ADDR 01940 SHORELINE DR O'.'NER NAME ELSIE R HARTER TAXPAYER ELSIE R HARTER tIAME/ADDR 1940 5HORELINE DR OP.ONO MN 55391 38 10-117-23 42 0017 PRCP ADDR O:-:NER NAME JOHN WRIGHT ET AL TAXPAYER LYLE VICKERMAN ?.AME/ADDR INTERLRCHEN LA EXCELSIOR MN 55331 PPOP ADDR O'-NER NAME TAXPAYER TOTAL BATCH 005 00012 NAME/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY O'.NERS LIST 38 10-117-23 42 0002 01930 SHORELINE DR A L ANOERSON i H M ANDERSON ALDEN L i HELEN M ANDERSON 1830 SHORELINE DRIVE WAYZATA MN 55391 38 10-117-23 42 0005 01930 SHORELINE OR A G ASCHENL'ECK JR ETAL A G ASCHEtIBECK JR 1930 SHORELINE DRIVE WAYZATA M4 55391 38 10-117-23 42 0014 01955 SHORELINE DR SAILORS WORLD SAILORS VQRLD BOX 176 CR'iSTAL BAY MN 55323 10-117-23 42 0018 �:900 SHORELINE OR A L AN"JERSON ETAL ALDEN ANDERSON 19JO SHORELINE DRIVE WAYZATA P^J 55391 REPORT NO. PI435401 PAGE 9 38 10-117-23 42 0003 L A JACK ETAL DONNA JACK SMITH 4168 ADAIR 94 R03BINSDALE M`J 55422 73 10-117-23 42 0006 01980 HERITAGE DR RONALD J PRINEAS i WIFE RONALD J PRINEAS 1930 HERITAGE DRIVE WAYZATA`SN 55391 38 10-117-23 42 0016 RONALD J PRINEAS ETAL R3NALD J PRINEAS 19n0 HERITAGE DR WAYZATA i?i 55391 38 10-117-23 42 0019 01950 HERITAGE DR W GREGCRY COWARD JR W GREGORY COWARD JR 144 HU"TTERS LA WILLIANSVILLE NY 1 L RESOLUT IG;1 t40. 84- 31 RESOLUTION OF THE EXCELSIOR CITY COUNCIL GRANTING A CONDITIONAL USE PERMIT TO ALLOW AND PERMIT PROPERTY AT 201 MILL STREET TO BE USED AS A BED AND BREAKFAST INN WHEREAS, the City of Excelsior has received an application for a conditional use permit- to allow and permit property described as Lots 1 through 8, Wilcox Subdivision I.ot 62 and part of Lot 64, Auditor's Subei . 120 to be used as a bed and breakfast inn limited to not more than 10 guest rooms, and WHEREAS, a published notice or hearing of said application has been had and a hearing held before the Planning Commission of the City of Excelsior on September 10, 1984, and the council of the City of Excelsior has received the recommendation of the Planning Commission in reFzrd to the application, and WHEREAS, the City Council has considered the application and the interests (If the public and other matter: involving such requested use; NOW, THE:RE:FtlRE, BE 1T RESOLVED by the City Council Of the Cite of Excelsior that a conditional use is hereby granted co ;Vuthorize th:, property described as Lots I through 8, Wilcox Subdivision Lot 62 and part of Lot 64, Auditor's Subd. 120 to be used nri a bed and breakfast inn limited to a facility of not more than 10 guest rooms .ubject, however, to the following terms and condlt.ons: 1. That there: be a minimum of 13 spaces made available for parking cars on the property. 2. No exterior changes are to be made to the Icuilding. 3. Off -building signage shall be limited to 25 squa,- feet and on -building signabe shall be limited to 100 square _,,es. 4. Kitchen IaciIIties may be maintained on the premises. 5. The seci,nd buildini; located on the premise's may be con- tinued to be used ns a residence dwelling. Page 2 6. The site plan attached to this conditional use permit is hereby approved and is incorporated herein and included as part of the limiting terms of this conditional use permit. This conditional use permit shall be effective on and after November 15, 1984. Upon vote being taken there were 5 yeas and 0 nays. Attest: i T Adopted by tiie Excelsior City Council September 17, 1984. br O:'JI INCE I10. IC44 lf-7 :D S7,n.I::,3 AN 0MIMICE OF 711E CI'1Y OI' 1111.71'IMS A1EIMIJ� Sr7C'I'I01 10.02 OF i11r FIASrIMS CITY DUDE BY DEFII,rII13 TIE; `iR:FILS "RED NZ) 13Re.1LCFAST" AID "13.:D A`a BRF.AI{FAST UNIT", AID AIIEIDIir, S')CTI01 10.12 SU13DIVISIOA 2 OF THE 1 AS'I'I ns CITY CODE BY ALL III43 d-M ND IIRFN;FASI' E.5 ABLISIi'1 UrS AS A PE:MIT ED USA IN At`I R-2 Z011 E. IC' I`I' O:DAIII—ED, by the City Council of the City of Eiaztings as follaws: Section 10.02 of the Hastings City Code is hereby a:�ended to add the following: Subdivision 33. The term "bed and breakfast" means an owner or manager occupied di-mlling in which a roon or room are rented on a nightly basis for periods of less than a s,,ek. ?IeLls ;nay or may not be provided. Subdivision 34. The term "ixd and breakfast unit" r.�eans a room or group of roms formitx] a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purges. Section 10.12 Subdivision 2 of the Hastings City Code is hereby &-ended to add the following: Subsection F.- 3ed and Breaxfa:;t lodging facilities provided the following criteria are adhered to: A) That the facility shall be part of a formlly de.;ignated local, state, or national historical structure. ,/(2) That a maximzi of ten bed and breakfast units may be established in a structure. (3) That the facility shall have a state license (hotel and food), and ca,jily with building and fire mies as may b*, required or applicable. /(�4) That the facility shall be owner or manager cupied. 5) .That the facility shall have a mini,nun size -)t 2,500 gross :ware feet. (6) That all bed and breakfast units shall be established within the principle structure. ,/(7) That not rare than the equivalent of two full tirae persons shall be eaployed by the bed and breakfast facility who are not residents of the structure. (8) That dining and other facilities small not be open to the pu:)lic but shall be used exclusively by the registered guests and residents unless allowed as a separate pe edited or sivcial use. ✓(9) That one offstreet parking space :hall be provided for the hoc:ti plus one space for each bed and bre4fast unit. (10)That not more than one identificaton sign not exceeding two sq.ft. in area .Tav be attacl:e d to each wall which faces a street. ✓(11)That the lot on wh:.ch a bed and breakfast facility is proposed shall have a miniriun area of 7,000 sq. ft.plus 1,000 sq. ft. for each unit in excels of five units. (12)That bed and breakfast establisli-irms shali apply for and be granted a permit fran the ::onim3 Office upon review by the Planning Ccmiission and kiproval by the City Council prior to catrencenent of the operation. VIOLATION A MISDE1' ?. Every person violates a Secti. subdivision, Paragraph or Prc this Chapter when they perform an act thereby prchibited or deL- .lawful, or fails to act when such failure is thereby prohibited ,fared unlawful, and upon conviction thereof, shall be txMishea as for a mi:;deueanor, except as otherwi.;e stated in specific provisi3n.:.c hereof. Adopted by the City Council of the City of !la:;tings this 1 B_ day of February , 19 86. This ordinance shall be effective upon passage and seven days after publication. 3Y I.,uAnn Stoffel, Mayor A7MST: / Gary E. rytity Administrator/Clerk y MINUTES OF THE PLANNING COMMISSION MEETING HELD APRI?, 21, 1986 #1014 BIG ISLAND VETERAN'S CAMP continued temporary facilities be provided, garbage cuilection done daily, and provide city with proof of insurance. Motion, Ayes 6, Nays 0. NOTE: Commission member Callahan left the meeting at this time. #1016 MARTHA J. HAENY 1978 SHADYWOOD ROAD VARIANCE PUBLIC HEARING It was moved by McDonald, seconded by Chairman Kelley, to table this matter upon staff recommendation. Motion, Ayes 5, Nays 0. #Ioq7 MORRIS & JACKIE NELSON 1900 SHORELINE DRIVE CONDI`PIONAL USE PERMIT PUBLIC HEARING 9:55 - 10:14 The Affidavit was noted. of Publication and Certificate of Mailing Chairman Kelley read into the record letters received from Thomas & Pauline Bouchard, 1860 Shoreline Dr.; and Kathy & Greg Coward, 1950 L..•ritage Lane, stating their objections to the proposed Bed & Breakfast use. Morris & Jackie Nelson were present for this matter. Mrs. Nelson stated that they have bean researching the possibilty of operating a B&B for a few years, and have also stayed at many B&B's in the past. Chairman Kelley suggested that the Planning Commission consider whether a B&B is an appropriate use in this area and 11the conditions to be set upon the use before addressin,, his specific application. McDonald stated that sho felt this would be a commercial use in a residential area. Bellows stated that she felt this would be the ideal house for a B&B in a unique location and would be unfair to deem it a commercial use. She noted that R&B's typically do not allow child -An and are very quiet operations. Rovegno reminded the Commission that this use was previously approved conceptually by the Council at this same location and suggested addressing the issue as such. 12 MINUTES OF TILE PLANNING COMMISSION MEETING HELD APRIL 21, 1986 #1017 NELSON continued Chairman Kelley stated he agreed with Bellows and Rovegno, that this property is uniquely situated so that it is screened from the residential area, and should proceed on the assumption that this use is appropriate. Zoning Administrator Mabusth stated that an amendment to the zoni- code must be done setting performance standai She submitted an example of an amendment from th :y rf Hastings. Chairman Kelley stated that standards should be developed be -.-ore acting on this application. Staff was given conceptual approval based on the Council mi. ---es from 1/14/85. Planning Commission will submit the written comments to staff before the May Planning Comm: in meeting for action of an amendment. It was moved by Chairman Kelley, seconded by McDonald, to continue this appli-;atien until the May 19, 1986 Planning Commission meeting. #1020 SUBURBAN HENNEPIN REGIONAL PARK DISTRICT 2865 NORTH SHORE DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 11:30 - 12:15 The Affidavit of Publication and.Certificate of Mailing was noted. Representing the Suburban Hennepin Regional Park District were Marty Jessen, Bob Wicklund, and Deborah Bartels. Mr. Jesse,, sxplained the request for a conditional use permit approval to improve and enhance the Noerenberg Memorial County Park. He explained that in 1972 the district acquired the property by gift from Laura Hoppe in her will. The will container several conditions, some of which were a specif.L name of the park, required removal of house and erect in its place a memorial arbor with a plaque dedicated to her parents, the use of the park (south - a floral display (jarden/north -- maintained in its natural state called the Noerenberg Nature Area), specific in limiting use i.e. no picnicing, no camping, and no boat access. He noted that the will was completely silent in addressing strictures or improvements unless they are incompatible with the general floral display. 1.3 April 18, 1986 1860 Shorelinr� Drive Wayzata, MN. 55391 Planning Commission City of Orono Dear Commission Members: RE: Petition for conditional use permit to operate a bpd end breakfast establishment at 1860 Shoreline Drive As the property owners residing adjacent to the subject property, we oppose any official decision which would Eventually 611ow for the use of the residence at 1900 Shoreline Drive as a bed and breakfast (B & B) establishment. Regardless of what such an establishment is called, and regardless of any promises which the operators might make, it is still a commercial establishment, with all the usually attendant problems of noise, traffic, signs, parking and inquiries frci customers seeking direction Ours is a residential neighborhood which would like to keep that way. There is already an excess of commercialism, particularly for those of us who reside near the intersection of Sh.reline Drive and Spates Avenue. Any official city action authorizing the e©tablishmment of a B & 3 would only allow that commercialism to encroach even closer to our property. As to the question which was posed last year when a similar request was made, about what the City should do about its old houses, there are alternatives which do not necessitate commercialization of such properties. City officials are not elected to make decisions which benefit individual property owners Pt the expense of their neighbors, particularly not when the property can be used as a single family residence. Allowing operation of a B & B at 1900 Shoreline Drive would undoubtedly affect negatively the value of our property and therefore should not be approved. We thank you for the opportunity to express our views encouraging the maintenance of the unique and desireable residential character of our neighborhood . Sincerely yours, Thomas and Pauline Bouchard V: 3 v /rye April 18, 1986 Planning Commission City of Orono P.O. Box 66 Crystal Bay, MN 55323 Re: Commercial Use of Single Family Residences as Motels/Restaurants Zoning Ame:Idment Application #1017 Dear Members of the Commission: Please permit us to again raise our concerns and objections to the City of Orono's permitting single family residences to be used as motels/restaurants. In our view Orono is a unique cc inity, and it is that unique- ness that induced us to purchase our home. It is unique not only visually and statistically (witness its "country roads", low density housing, wetlands, an: limited commercial develop- ment), but also because it has taken specific action to preserve its uniqueness. This is something other communities have not done. Examples? Orono took upon itself the task of on -site sewage treatment management, thereby preserving its rural size lots. Another? Orono has attempted to keep County Rd. 15 a two lane road, thereby protecting all those homeowners, their property values, and t:ie character of the City'-- lake frontage. In short, Orono is unique because it has made. an effort to pre- serve its main characteristic (rural -like single family residency). Now, is this proposed amendment by itself equivalent to widening County Rd. 15? Obviously not. But that doc not mean that there cannot be longer -term implications and unfor °n results that will follow from approval. And it does not i that Orono officials should feel at all obliged to be accommodating with a plan that is, no matter how you cut it, the opposite of what single family residency is all about. We note that when this diseus:�ion was last brought up, there was considerable material developed about where a "B&B" would fit into the existing; community. A "B&B" was called "quasi- conmercial". "Continental Breakfast", not meals, would be served. Pe,-)ple using the facilities would be "guests". We are reminded of the joke about the woman who wan asked �,y a man if she would sleep with him for, first, one million dollars (yes she would), I. Planning Commission - Page 2 then for half a million dollars (she still would), and finally for one hundred dollars (no she wouldn't, what kind of a woman did he think she was?). In our view these euphemisms avoid the main point. If you accept a buck, it's commerce; if you eat food, it's a meal; and if you pay for a bed, you're a customer. And if you have these things, you have a motel, not a family residence. This proposed amendment would put that motel in a single- family, residential neighborhood. It would deny the residents of that neighborhood the zoning protection they thought they purchased when they bought their homes. It would visit upon those neighbors the risk of lower property values (they cer- tainly won't go up, folks), the auditional noise, lights, and traffic that attend commerce, and forever reduce, however mar- ginally, some of the special uniqueness of Orono. One last issue we would like to address is the community's concern for the preservation of its older homes. We certainly cannot provide any ready answers to this problem. However, we would like to point out that, in our opinion, with apologies to everyone concerned, the house at 1900 Shoreline Drive does not warrant special concern. With extensive repairs, it will once again become a nice home for a single family. All i.t will take is a price that reflects the current condition of the home. We do not understand why Orono should become involved in this real estate transaction. We are sorry for the -length of this letter. However, we believe that this proposed amendment is not in our interests, those of our neighborhood, nor those of the larger Orono ccmmunity. Approval of an amendment which has the effect of changing the character of a neighborhood should only be granted when there are clear and unchallenged reasons for doing so. In tl'_s case approval is just plain unnecessary. Sincerely. Kathy`) athy and Greg Coward Owners of 1950 Heritage Drive :0—loll May 27, 1986 Dear Neighbor and Orono Resident The Orono City Council will be considering adoption of an ordinance to permit the operation of bed and breakfast (B & B) establishments in areas zoned R- 1 , at its June 9th meeting we vehemently oppose this ordinance and hope you will loin us in defeating it The enclosed card is provided for your convenience Buyers of the property at 1900 Shoreline Drive are hoping to convert the house to a B & B They have gone to the Planning Commission which has recommended adoption of an ordinance which would permit the operation of such establishments They plan to convert 6 of the bedrooms to B & B guest rooms to accomodate 12 people and will have to provide a parking lot to accommodate the traffic We oppose the adoption of such an ordinance because it has the effect of allowing for the operation of commercial establishments in areas zoned for single family residential use. Those of us who have bought property in Orono because of its rural character do not wish to see that character destroyed in our neighborhood, nor in any others in the City. The establishment of a commercial enterprise right in the middle of our neighborhood violates the very principle of rural preservation. Undoubtedly, it will also reduce the value of neighboring properties. We feel that it is important that the ordinance be defeated If it passes, then anyone who wants to operate a B & B will merely have to request a conditional use permit from the Planning Commission. In the case of the property at 1900 Shoreline Drive, the Commission is already on record as favoring its conversion to a B & B If we are successful in defeating the ordinance, it will be that much more difficult for anyone to attempt a similar change in other Orono neighborhoods. To date, the matter of converting residential property to commercial use has not been widely discussed in our community. Those who are opposed to a change in zoning practices which would allow conversion to high traffic commercial establishments in residential neighborhoods either don't know the issue has been raised, or have not had adequate opportunity to voice their opposition. Here is your chance to be heard Won't you )oin us in petitioning the City Council to defeat the ordinance Because of lack of time and the difficulties of going door-to-door, we have provided a postage paid card which you can use to express your opposition. Please sign the enclosed card and mail it at your earliest convenience. It must be received by June 7 to be counted. Feel free to call Tom or Pauline Bouchard if you have any questions regardir: s City action, or if you wish to discuss the matter further We will present the card:: h a list of all signers' names to the Council at the June 9th meeting It would be most h,,lpful if you could attend the meeting and address the Council in person We would hate to see this ordinance passed because of citizen disi.,tsi -st Sincerely yours, -T,. 4 l' Thomas and Pauline Bouchard 1860 Shoreline Drive 475-3342 Oreg and Cathy Coward 1950 Heritage Urine owners 1 June 9, 1986 To: Orono City Council From Orono Residents Re: Proposed Ordinance to Permit Operation of Bed and Breakfa_a Establishments in Areas Zoned R-1 The attached list contains the names of 22 Orono residents who have signed a statement in opposition to the adoption of the above -referenced ordinance. The signatures of these residents are contained on the bundle of cards which ate being delivered to the Council simultaneously with this statement. This statement is presented to the Council at its meeting of June 9, 1996, by Pauline Bouchard, 1960 Shoreline Drive., on behalf of the citizens of Orono who oppose adoption of the above -referenced ordinance. Name Number Street James M Eesley 1449 Bay Ridge Rd James H Leslie 1461 Bay Ridge Rd Rick Hollenkamp 1513 Bay Ridge Rd Edgar J. McDonald 3265 Bohn's Point Ln Nancy Solomonson 1480 Bohn s Point Rd Bruce Solomonson 1480 Bohn's Point Rd Katherine Kalweit 1540 Bohn's Point Rd George W Kalweit 1540 Bohn's Point Rd Roger Swanstrom 1580 Bohn's Point Rd Betty Swanstrom 1580 Bohn's Point Rd Connie Sween 1600 Bohn s Point Rd Tom Sween 1600 Bohn's Point Rd Margene B. Fox 1645 Bohn's Point Rd David K Fox 1645 Bohn's Pc.int Rd L. W. Anderson 1500 Brach, * Point Rd Robert Emf field 2240 Devii, L Oe Jan Emf field 2240 Devin Lane Thomas Willoughby 2315 Devin Lane Judith Willoughby 2315 Devin Lane Katherine Tschtda 1300 Fox St Bob Tschida 1300 Fox St, George Capp 1465 Fox St Lynda Capp 1465 Fox St Katherine S. Tearse 1520 Fox St Whitney MacMillan 1560 Fox St Pauline Mad1lIlan 1620 Fox St William L. Waldron 1880 Fox St G. Harris 2195 French Lake Rd W. Sinkier 2195 French Lake Rd W1I1tam Sexton 1495 r�reen Trees Rd Sherman Sm I th 1905 Heritage Dr. Geraldine Smith 1905 Heritage Dr. Juice Prineas 1980 Heritage Dr Ronald J. Prineas 1980 Heritage Dr Wayne L. Gustafson 1000 Heritage Ln Linda Gustafson 1000 Heritage Ln Donald Condon 1025 Heritage Ln Owen A. Parr 1 190 Heritage Ln Charles Curtis Lee 601 Minnetonka Highland Ln Name Donald B Chase Patricia Chase Mrs Louis J Cooke Mary Smith Judith Vars Ann Lawson Joan M. Strand Richard E. Strand Richard J Lyman Mrs. H. P Eisenkrarner Mrs. Duane Luke Mr. Duane Luke Charles R. Pihl Tim Traff Mrs. James A. Ross WI 1 I !am J. Lauer Mrs. E. C Brown Edward C. Brown John Skartvedt Shirley J. Hake John P. Hake C. Decker Velie Chris Smith Richai , Evans Margaret H. Evans K. J. Lindsay Margaret Jaros Kevin Jaros Mr. Colebert L. Andrus Mrs. C. L Andrus Susan Stoker H. B. Stoker George H Partridge Patricia M Partridge Donald C Wildman Nina Wildman James R Gagne Tori Lowe R E VanDerNalllen Number Street 365 N Ferndale Rd 365 N. Ferndale Rd 509 N. Ferndale Rd 515 N. Ferndale Rd 575 N. Ferndale Rd 635 N. Ferndale Rd 645 N. Ferndale Rd 645 N. Ferndale Rd 715 N. Ferndale Rd 2140 No. Shore Dr 2465 No. Shore Dr. 2--4e5 No Shore Dr 2605 No. Shore Dr. 2683 No. Shore Dr 3017 No. Shore Dr 3165 No. Shore Dr. 355 No. Stubbs Bay Rd 355 No. Stubbs Bay Rd 2135 Sh?v 1 in Dr. 2145 ShevIIn Dr. 2145 ShevIIn Dr. 1307 Shore I ine Dr. 1307 Shoreline Dr. 1491 Shoreline Dr 1491 Shoreline Dr. 2058 Shore I I ne Dr. 2080 Shoreline Dr. 2080 Shore I i ne Dr. 680 So. Brown Rd. 680 So Brown Rd 465 Soring Hill Pc 465 Spring Hill Rd 625 Spring Hill Rd 625 Spring Hi I l Rd 745 Spring HiI1 Rd 745 Spring Hill Rd 755 Spring HiII Rd 755 Spring Hill Rd 2025 Webber Hi I Is Rd Name_ _ Number_ Street C. T. Rilev� 2040 Webber HiIIs Rd John G. Cashmore 2075 Webber Hi l is Rd Mrs. J. D. Cashmore 2075 Webber Hills Rd Sar4 Moos 2160 Webber Hi I is Rd Tina Ritchie 2180 Webber Hills Rd Wint Ritchie 2180 Webber Hills Rd Richard J. McFarland 2185 Webber Hllis Rd Aiexandei ..jery 450 Woodhi i I Rd, Helen Ouery 450 Woodhill Rd To: Orono Council Members From: Michael P. Gaffron, Assistant Zoning Administr i''4 i Date: June 5, 1986 Subject: #1020 Suburban Hennepin Regional Park District 2685 North Snore Dr:_ve - Conditional Use Permit APPLICATfON - Conditional Use Permit approval f-r the Noerenberg Park Master Plan LIST OF EXHIBITS Exhibit A - Memo & Exhibit; of 4/18/86 Including: - Application - Plat Map - Property Owners Lift - Hardcover Calculations Exhibit. B - Planning Commission Minutes 4/21/86 Exhibit - - James Mitchell (neighbor) Letter of 4/17/86 Exhibit D - Hennepin County DOT Letter of 4/25/86 Exhibit E - Glenn Cook Letter of 4/30/86 Exhibit F - Memo of 5/16/86, Including: - Final Report of the Noerenberg Memorial Park Advisory Committee - August 5, 1985 - Ccpy of the Hoppe Will - Minutes of the Advisory Committee 11/29/84 With Letters Regarding Interpretation of the Will ibit G - Planning Commission Minutes 5/19/86 Exhibit H - Master Plan Marty Jessen and Deborah Bartels will be making a presentation to you of the Master Plan for Noerenberg Memorial Park. To Briefly Recap the Application: In 1972, Hennepin Counc; Pa..: District acquired the Noerenberg Park property as a gift and beque: t for the late Lora N. Hopp-. Her will stipulated certain conditions regarding the use of the :and and fundL which were part of the bequest. An early development :ommittee met it 4 to develop plans for the park property consistent with the will 'iese plans we:: never implemented. A second advisory Comm:. is formed in 1984, at which time the Park District sought a court r to intF•rpret the will. Specific findings were made by the Court, and the Advisory Committee proceede' to develop plans for development of thf Park according to the defined interpretations of the will. From Orono, the Advisory Committee included J. Diane Goetten, Barb Peterson, JoEllen Hurr, and George Rector. Zoning File #1.020 June 5, 1.986 Page 2 of 3 The plan presented to you now is the result of the work of the Advisory Committee. The Park District has applied for a conditional use permit for the Park improvements, even though "public -owned parks" are a Permitted use in the LR-lA . ning District in which Noerenberg Park is located. It has been the on -going policy of the City of. Orono to require a conditional use permit for Noerenberg because its use has been and will continue to be perhaps less passive than that of the typical un-staffed municipal nark or playground found in Orono. Also, a small var.ance for hardcover in the 0-75' setback zone is requested. The Planning Commission was asked to review the Master Plain proposal, and found in general that the land use issues of hardcover, drainage, access, utilities, landscaping and scr-ening were all well- addret=sed in the Master Plan. However, some Planning Commission member:- felt that the visitor center and the 50-car parking lot would `ead to an intensification of the use of the park greater than they f,:.t was warranted, hence, the Planning Commission voted 4-2 to re,c,--u,-end rejection of the concept of the visitor center and parking lot. The Planning Commission made no findings of fact nor did they references any ccde 6ection in meking this rec( mendation. Frum the meetings staff has geld with the Park District representatives, staff feels that the anticipated ust ` the park will not be as intersive as percei•.•?d by the rlanning Commission. The park is intended t-) be residential in nature, a low-key use with improvements inct.ided to provide - tter facility for current users, mainly garden clubs, student grou.s, and weddings. Note that although the Planning ,ommis-io felt that a 50-car parking lot is "over'All", t. - park real: y has r.,. parking facility to speak of now, and incurs continuing maintenanc- costs in repairing their grassy field parking area as it now exits. Note that the visitor center is intended tc include: - A classroom %, ; tl, maximum capacity of 80 (typical expected to be 40-50) inter,-ed as a place to learn about the unique aspects of the park nri.ot to touring the grourds. - A "reception" area for floral and interpretive displays, with d small area for selling books, *naps, and art related to the park. Note that the park, as part of the requirements of the will, may sell no food on the premises, and no weddi- 3 receptions may be hell on the premises. The restroom area provided is slightly oversized to allow for weddings p�rties to do final makeup touch up, etc. - An office area is provided for the park stagy., and a garden maintenance area completes the visitor center. Note that all the above functions have previously been done out o- the garage on the property, which will be removed. Zoning File #1020 June 5, 1986 Page 3 of 3 The Planning Commission was concerned upon hearing a Park District estimate of a maximum capacity of 25,000 visitcrs to the Park anticipated after a few years. The Park District feels that a more realistic number of their expected users is perhaps 15,000 per year after 5 years. Please review the attached m=at�--rials and exhibits, and keep in mind the land use concerns over which the City has jurisdiction 4n this application. To: Planning Commi on From: Michas. . -afrrun, Is--iL,.ant Zoning Administrator Date: April 18, 1986 Subject: #1020 Suburban Hennepin Regi.ona' Park District, 2685 North Shore Drive - Conditional Use Permit - Public Hearing APPLICATION - Conditional Use Permit-. approval for the N,jerenberg Park Master Plan LIST OF EXHIBITS A- Application B- Plat Map C- Property Owners List D- hardcover Calculations E- Master Plan Deborah Bartels and Marty Jessen of the Park District will be making a presentation of the Master Plan for the Noerenberg Memorial Park. I would make the following preliminary comments: 1- North side of Co. Rd. 51 - proposal, includes relocation of the driveway about 100' east of its present location, and significant regrading of the hill in that area to make it suitable for overflow parking. The driveway will bp continue to be gravel; the overflow parking is intended to be grass covere The house here was connected to sewer in 1975. 2- Changes on the south side of Co. Rd. 51 appear to be more intensive, and include: a) Relocation of the entrance driveway b) Construction of a new 50-car bituminous parking lot c) Removai of the existing garage/storage building d) Construction of a new visitor cen'er e) Construction of a Memorial Arbor f) Construction of approximately 1/2 mile of pathways through ..he grounc?s. 3- Hardcover review - please note the hardcover calculations provided by the applicant. Because of the relatively large acreage within the park, the hardcover percentages are quite sm�-1 1. Note the portions of the trail system located within 75' of the lakeshore are for the most part located on relatively flat areas where they will have an insignificant effect on the runoff. The gazebo and pumphouse are pre-existing structures. The 0-75' hardcover prop sed is 5% on the south side of Co. Rd. 51, which translates to 0.9% over e entire property. 75-250' hardcover is 6% south of 51 or 2.5% overall. 4- Drainage review - Ci~,, Engineer Glenn Cook has reviewed the grading and drainage plans, and wil. 3e putting his comments in writing. To summarize, it appears that virtually ill of the runoff from the visitor #1020 April 18, 1986 Page 2 of 2 center and parking lot will. be directed toward a holding pond area next to Co. Rd. 51 which will provide excellent tre?t-^ient of runoff waters. The bulk of the f low is overland with one stretch of storm drain to be created. Glenn's main concern in the drainage plan was that the pond have an overflow swale or culvert perhaps to the southwest, so that under unusual f lood conditions the high water level will stay at least 3' below the County Road elevation. 5- Access - the entrances to the north and sout`i portions of the property will. be moved to the east as previously no,. d, and will be opposite each other. I have requested t} .t Hennepin County DOT review this but no response yet. 6- Utilities - there is no City water in this area, hence a new well is intended to be installed at the east end of the visitor center. Building Inspector Tom Jacobs in his preliminary review of the plans noted that the visitor center would likely require a sprinkler system and some type of water storage facility. Sewer - Public Works Director John Gerhardson informs me that a sewer stu;; is available but is located on the north id--� of Co. Rd. 51 which will require approval of Hennepin DOT for the ci .ss.L of the road. Also, the sewer line in this area is owned by the MWCC, so tree connection will require MWCC approval, as well as City of Orono approval because this is still considered an "unsewered" zone in Oro- Comprehensive Plan. An additional question yet to be answered is what assessment, if any, should be paid for the use of this stub. Jahn also suggested that an inventory of existing storm sewer and culverts serving the property be provided. 7- Landscape/Screening - please review the landscape plan submitted. The planting schedule would appear to provide natu_al vegetation screening around the perimeter of both north and south parking areas. Please he reminded that the park is located in the RR-113 Single Family Residential zone. While "parks" are a Permitted use is RR-lB, the multi- use facility to he provided at Noerenberg Park requires additional review, and the Conditional Use Permit is the appropriate method for review. In looking at the ure aspect of this project, consider that the visitor center includes a classroom; that there is a "sales" booth pl.azined, probably for books, pamphlets, art prints, etc.; and that the facility has in the past and will. likely continue to be used for weddings. The facilities suggest that larger groups, garden clubs, school field trips, etc. might he likely users of the facilities. The Planning ^ommission might request that the applicants elaborate on the expected intensity and types of users of the prop,crty. ",PPLICATION FOR A CONDITIONAL USE PERMIT TO THE CITY OF ORONO FOR NOERENBERG ME140RIAL COUNTY PARK Submitted March 28, 1986 by Suburban Hennepin Regional Park District 12615 County Road 9 Pl,,--,-" Minnesota 55441 HENNEPINPA_ RK,S Suburban Hennepin Regional Park District 12615 County Road 9 P.O. Box 41320 Plymouth, MN 56441 (812M59-9000 TABLE OF CONTENTS Permit Application Legal Description Certified Property Owners List Hardcover Calculations Half Section Map Page 1 3 4 6 back cover CITY OF ORONO GENERAL LAND USE APPLICATION klD,;p ------------------------- --------------------------------- PROPnTT LOCATION Site Address 2865 NORTH SHORE DRIVE, WAYZATA Property Identification Number (P.I.D. ) 09-117-23-24-0001 Please check one - is the property X abstract or _ torrens (for Conditional Use Applications on-ry*l-- Please attach legal description to application if not included required survey. -------------------------------------------------------------------------- APPLICANT Name Suburban Hennepin Regional Park D i str i cphone 559-9000 Mailing Address 12615 Co. Rd. 9, Plymouth, MN 55441 ----�-.--�.-..--------------------------------------------------------------------- 014WER .4 Name Suburban Hennepin Regional Park Districphone 559-9000 Mailing Address 12615 Co. Rd. 9, Plymouth, MN 55441 Date Property Acquired March, 1972 (month/year) I (deh (do not) also own the adjacent parcels of land. -------------------------------------------------------------------------- FEES - CONDITIONAL USE PERMITS $100.00 a) Residentizi accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg ,X .$250.00 d) Commercial/Industrial Use _ $200.00 f) Land Alteration (grading, filling) PRD/PID - see fee schedule Other Applications $250.00 Vacation $250.00 Rezoning $100.00 Appeals Other - see fee schedule v 1 PRESENT USE OF PROPERTY tti t /. Present Zoning District LRAWLakeshorf: Resnential Present Use of Property X Residential (North Parcel ) x Other (specify) County Park --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Suburban Hennepin Regional Park District seeks a conditional use permit and approval for the Describe request in detail: Master Plan for Noerenberg Memorial County Park Development of the parcel south of Co. Rd. 51 includes a 50-car bituminous parking lot, a visitorslcenter with terrace and walled garden, a memorial arbor, a' pool, a pond, numero floral gardens and other landscape plantings connected by brick or limestone paths. The -parcel -north -of Co. Rd. 51 will be a nature sanctuar with a navel road with 12 gravel REQUIRED SUBMITTALS Park nng spaces Tor v i s i tors and a large rowed area for overflow parking from the gardens. 1. Completed Application Form. 2. Certif ied Property owners List of owners within 350' (you can obtain this 3 is from Hennepin County Department of Finance A-603 Govern;nent Center 348-3271 3. Stamped, legal sized envelopes (1)10) pre -addressed to each of the names on th above list with no return address. 4. Certificate of survey. 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 not beer included. ---------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of hi, /her nowledge. Applicent's signature Date March 28, 1986 Director, Dep tme t if Planning & Engineering OWNERS SIGNATURE The owner hereby a-.knowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Coyncil members for purposes of investigation and verification of this quest4/ // Owner's signature 1z Date March 28, tg86 Dii rccto_r—,epar en of./ anning L Enyineeriny ----•--------------------------------- ------------------------------------ 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. (•� fo �� '�� ra•u -r r �yF NOERENBERG EMORIAL C �' S. ; COUNTY Z'� PARK ,t �' c sc \` N 0 E R ENBEM MORIAL LTi 4i r _GO ca RG 3 ,➢ L �.61 a _ COUNTY PARK S� ocomn 41 44 44 � N RUN DATE 03/21/86 BATCH 032 38 09-117-23 12 0003 FPOP ADDR �;:`:ER NAME L G CARPENTER ETAL TA', -:PAYER LEONARD G CARPENTER NAME/ADDR 15500 WAYZATA BLVD APT 1020 WAYZATA HN 55391 38 09-117-23 14 0001 FROP ADDR 01100 OLD CRYSTAL BAY RD S 01:NER NAME WALTER H WHITE A WIFE TAXPAYER WALTER H WHITE NAME/ADDR 1100 OLD CRYSTAL BAY RD WAYZATA MN 55391 38 09-117-23 24 0001 PROP ADDR 02865 NORTH SHORE DR 0::`:ER NAME HENN CO PARK RESERVE DIST TAXPAYER HENN CO PARK RESERVE DIST NAME/ADDR RTE 1 BOX 2% MAPLE PLAIN MN 55359 38 09-117-23 32 0003 PRC -.,R 03020 NORTH SHORE DR 01.1:ER HAVE PATRICIA H ARACHTINGI TAXPAYER JACK R SWENSON NAME/ADDR 3020 NORTH SHORE DRIVE ORONO MH 55391 PROP ADDR 0:.^:ER NAME TAXPAYER TOTAL BATCH NAME/ADDR 002 00012 HENNEPIN mom PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 09-117-23 13 0004 E N DAYION 3 S A DAYTON EDWARD N DAYTON 1150 OLD CRYSTAL DAY RD WAYZATA MN 55391 38 09-117-23 14 0002 02640 NORTH SHOPE DR IRWIN L JACOBS IRN114 L JACOBS 1700 SHORELINE OR WAYZATA M14 55391 38 09-117-23 24 0002 02840 NORTH SHORE OR LORA N HOPPE RAY FORDE 2840 NORTH SHORE OR WAYZATA NN 55391 38 09-117-23 42 OOC•. 02685 NORTH SHORE DP J A MITCHELL 6 P M MITCHELL JAMES A MITCHELL 2685 NORTH SHORE DR S ORONO t" 55391 REPORT NO. P1435401 ` PAGE 3 38 09-117-23 13 0006 01020 CLO CRYSTAL BAY RD S KENDALL ELLIS KENDALL ELLIS 1020 OLD CR76TAL BAY RD WAYZATA MN 55391 38 09-117-23 21 0006 00905 OLD CRYSTAL DAY RD S L G CARPENTER ET AL LEONARD G CARPENTER 15500 WAYZATA BLVD AFT IC20 WAYZATA MN 55391 38 09-117-23 32 0002 03017 NORTH SHORE DR r.- HELEN D ROSS HELEN DEAVER ROSS C/0 IST NATL BK OF MPLS P 0 BOX A700 MPLS MN 55480 38 09-117-23 42 W 5 02683 NORTH SNORE DR TIMOTHY L TRAFF TIMOTHY L TRAFF 2683 NORTH SHORE OR WAYZATA MN 55391 r RUN DATE 03/21/86 -BATCH 002 38 09-117-23 13 0007 J & M Kienzler James & Mariann Kienzler 'k 1200 Old Crystal Bay Rd S Wayzata, MN 55391 r r r HENNEPIN COUNTY PPChIERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 09-117-23 42 0007 Cliff F Traff Jr Cliff F Traff Jr 18450 Maple Ri -e Rd Wayzata, W D:,391 REPORT NO. PI433401 PA" 4 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PR RTY AXATION9 TO THE BEST OF MY KNOWLEDGE AND BELIEF DATE% BY Hoerenberg Memorial County Park Legal Description That part of Government Lot 2 and 3 lying northeasterly of Noe _erg Channel and that part of Government Lot 4 and 8 lying northerly of Highway No. 51 and 1-ing westerly of Highway No. 84, all in Section 9, Township 117, Range 23, 1,-iepin County,11innesota. A' ) : That part of Government Lot 4 described as beginning at the intersection of the west line of Government Lot 4 and centerline of County Road No. 51; thence southwestly along said centerline 390.0 feet; thence southerly to a point on the shore of Lake Minnetonka 322.5 feet easterly as measured along said shoreline from the southwest corner of said Government Lot 4; thence westerly along said shoreline 322.5 feet to the southwest corner of said Government Lot 4; thence North along the west line of said Government Lot 4 to the point of beginning. All in Section 9, Township 117, Rarge 23. Also Except: T fat part of Governnei+t Lot 3 described as commencing a the an assumed bearing of North 9 east line of said Section 9, a degrees 54 minutes I seconds degrees 28 minutes 49 seconds degrees 32 minutes 27 seconds degrees 38 minutes 02 seconds degrees 58 minutes 30 seconds degrees 01 minutes 30 seconds of beginning of the land to be 30 seconds East a distance of seconds West a distance seconds East a distance seconds a distance of 98. East a distance of 158.81 East a distance of 112.0 fe and that part of Government Lot 8, if any, southeast corner of said Section 9, thence on degrees 39 minute, 57 seconds East along the distance of 1323.63 feet, thence South 89 West a distance of 324.00 feet; thence North 5A West a distance of 1268.51 feet; thence North I West a distance of 859.20 feet; thence North 7. West a distance of 472.14 feet; thence North 00 East a distance of 194.14 feet, thence Ncrth 87 West a distance of 13.0 feet to the actual point described; thence North 00 degrees 58 minutes 82.0 feet; thence North 87 degrees 01 minutes 30 0 +yet; thence "forth 00 degrees 58 ninutes 30 feet; thence South 88 degrees 28 minutes 30 thence South 5 degrees 09 minutes 15 seconds hence South 87 degrees utes 30 seconds cDual point of beginnir Y `+ KI 1 � t ORONO HARDCOVER CALCULATION WORKSHEET Lakeshore A. Existing R. Existing C. Existing D. Proposed E. Proposed F. Ailc.+ed Setback lot area hard.over hardcover hardcover hardco•-r hardcover zone in zone in L.;ne percer !ge in zone percentage percentage 0-75' North 483,544 s.f. s.f. 0% 0 s.f. 0% Scuts, 114,394 s.f. 2,000 s.f. 1.7% 5,598 s.f. 5% 07. TOTAL 597,938 s.f. 2,000 s.f. .3% 5,598 s.f. .9; 75-250' North 8-3.482 s.f. 11,750 s.f. 1.4% 12,009 s.f. 1.4% South 247,;94 s.f. 000 s.f. 14,788 s.f. 6Z 251 TOTAL 1,080,876 s.f. iz,750 s.f. 1.-% 1.,797 s.f. 2.5% 250-500' North 968,688 s.f. 4,225 s.f. .4% 5,600 s.f. ti South 301,2n9 s.f. 10,375 s.f. 3-4% 46,895 s.f. 15.%,Z 30; TOTAL 1,269,897 s.f. 14,606 s.f. 1.1% 52,495 s.f. 4% 500-1000' North 234,331 s.f. i,A50 s.f. .6% 3,175 s.f. 1.3% South 33,092 s.f. s.f. 0> -- s.f. 01. 35; TOTAL 267,423 s.f. 1,450 s.f. .5% 3,175 s.f. 1.2% 3.20.86 � � 1 MINUTES OF THE PLANWI'NG "OMMISSION MEETING 1E. - APR-L 21, 1996 #IC NELSON continued Chairman Kelley stated he agreed with Pell, is and Rovegno, that this property is unique' y sit-_, ,ted so that it is screened from the :esidentia area, and should proceed on the assumption that this -.►se is appropriate. Zoninq Adminiet:atoz Mabusth stated that an amendment to the zoning c:ode rust be a-): a setting performance standards. Shy Eubmitted z example of an amendment from the C...' of Hastings. Chairman Kelley s*_ -ed that standards should be developed bef:;re ac' .ig on this application. Staff waG an conceptual approval based on the Council minutes _ . _ . i/19, 5. Planning ^ -mission will submit their written comments to sta.f re the May Planning Commission meeting for act' -or amendment. It was mov a by Chairmi. , K,,Iley, seconded by McDonald, t �)ntt nue !.is application until t,' May 19, le 16 P.L..:.ning Comm i ssion meeting. Cwto-LOUABAN HENNEF ,ONAL PARR DISTRICT 2865 NORTH SHORE DRIT CONDITIONAL USE PERMIT PUBLIC HEARING 11i30 - 12:15 The Affida f Publication and.CertiZicate of Mailiag was noted. -c ig the Suburban Hennepin Regional Parx ere Marty Jessen Bob Wicklund, and Deborah explained the request for a ccnditior.. . use twit--,---oN , 1. to i.. T -ovf- and enhance the Noerenberg "WI—ric t U. t- Paz He explained that in 1972 the district acq.ired the oerty by gift from Laura Hoppe in her will. The w' J1.1 container. several conditions, some of which were a specif'ed name of the park, re. -tired removal of hou�P and erect in its place a memoria i arbnc with a plaque dedicated to her parents, the use of the park (south - a f loral display garden/north - maint-pined in its natural state called t'.e Ne z nb-2rg -.ature Area), -;►,er"fic in limiting use dicni.:in3, no camping, �a- i boat access. He i ,at the will wns ::t;- F ely i -:nt in addressing �r .Mures or improvement.. gas th are incompatib wi:.zi the general f loial dis,)lay. 3 14INUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 21, 1986 #1020 SUB. HENN. REG. PARR DIST. continued Deborah Bartels made a presentation of the proposed master plan which included a 2600 s.f. "visitor center" to be used for restrooms, classroom to accomodate school groups and weddings, and information center. She noted a few of the changes being the relocation of the entrance dri• -.way, construction of a new Memorial Arhor, construction of pathways through grounds, and a bituminuous parking lot (with proper plantings for screening per will). She noted that some grading will be necessary and they will acquire the proper permits. McDonald voiced some disagreement with the intent of the will as it relates to the proposed pla-.s. The Planning Commission questioned the need for a bituminous parking* lot as opposed to the grass area. Mr. Jessen stated that it is need `or maintenance re—ons and to accommodate the hand. ?ped. He noted -1 the overflow parking across the street will remain 71razs. He also noted that,, per the will, there is no fee for parking or admitt. In response to questions the omission, Mr. Jessen stated that they are currently boc:..ed throughout the summer for weddings and that the monies receivee from this function is kept in a separate fund to be used to maintain Noerenberg Park only. Mr. & Mrs. Jack Swenson, stated they had some concerns with the plans for the northern nature area which they feel would result in more activity and al �-o boats anchoring and comi.ng ashore which is clearly ag.,.inst the --ills' intent. Mx. Jessen stated t� - -hey intend to -y anc control that problem, whicn , so currently exists, by using the serv. ces of the Park Rangers. McDonald questioned why they should develop the area that is going to create problems anr: require policing, again stating her feeling that t.As is not the wills' intent. David Fox, 1645 Bohn's Point stated that he felt improving the parkins, area ,ai--a no practical purpose and would simpl- invite me . oeople to Orono. "-.airman Kplley read into the record 3 letter from James A. Mitc'- ., 2865 North Shore Drive stating their concern r.-%d recommendatior.s to maintain the "pastoral setting". 14 j h. .::S OF THE PLANNING COMMISSION MEETING HELD APRIL 21, L986 #1020 SUB. HENN. REG. PARK DIST. continued r.Iarilyn Schal 1, 605 Park Lane, stated her concern was that the proposal seemed to be a complete overhaul of the park. Kathy Swenson, 3020 North Shore Drive, stated that she felt the plan did not maintain the intent of Orono's natural setting by commercializing the rural area. Stan Rudd, 601 Park Lane, noted an interest in the park by Ray Forde. Mr. Jessen stated they are aware of Mr. Forde's life estate or: two acres within the northern ar?a and intend to honor as such. There were no more comments from the public and the public hearing was closed. Bellows stated she felt it was a very ambitious landscape plan and finds little support in favor. 5Iie suggested a greenhouse type of plan and that the structure should be more of an open pavillion. McDonald stated she was against having a "brick" building in a rural park. Rovegno stated that the lard use issue should be addressed ^nd suggested the entire plan be sent to the Park Commission and Poloce Dept. for review. He also stated that he felt the wedding aspect created the need for the hardcover parking lot. Chairman Kelley stated that he fe the plans were ambitious concerning the hardcover 1, o the south and felt that it should be limited to 25 p, -,ing spots. He does not feel a building should be ac'- -sseC 'or classroom needs or sales and should be an _ n she.'. 9r. Ile also stated he was not disagreeable to the gene. 1 upgrading but had concerns about the increased use. Zoning Administrator Mabusth suggested tabling nis matter in order to provide the Planning Commissioni ith more background (i.e. comments from the Park Comm, ion and Planning _ommission member Goetten who servts on this specific park committee) and cle-ificati.on c the will. .+as it-,11yed ny Chairman Kelley, secorded by McDonald, cable this matter pending clarification of the will and the district court interpretation of the will, chief Ki lbo to review, and notification of this proposal to Commissioner Robb, and staff to rev-1 ew the matter with the Orono Park Commission. I•lotion, ayes 5, Nays 0. 15 JAMES A. MITCHELL 2685 North Shore Drive Orono, Minnesota 55391 April. 17, 1986 Planning ComRiission City of Orono 1275 South Brova Road Orono, NN 55391 Dear Commissioners: Subject: 11020 Noerenberg Memorial County Park. We will be c of town on Monday, April 21, and therefore are unable to attend the public hearing on Noerenberg Park. We do however want to comment on this application. We live at 2685 North Shore Drive, on the lot immediately adjacent to the east side of the park. Thus we are very personally concerned with the developme-it which is being proposed. We believe that Mrs. Noerenberg's intent in donating this park to the county is clear. She wished to make a space available where residents oi- the county could go to enjoy nature. This might take the form of looking at beautiful flowers or pastoral woodlands. We have serious questions about whether the lurQe facilities which are being proposed are appropriate in a rural residen- tial area. If these buildings are constructed, we believe it essent4.1 that their exterior be consistent with the pastoral setting in which they are located. Of even greater si.gnifican-.- to us is the proposed parking lot. We believe that it is appropriate fo:. the park to include a facility for parking, anti think h: r 50 spaces is not excessive. However, we feel very si '..�ly that this parking lot should not impair our enjoytier c our property nor impose on the rural character of our neighborhood. We strongly urge you to require a berm whit-h would screen the parking lot from our view, andia series of lantiIl s to further enhance the rural nature of the park and screen the devel9pment from us (;nd us from the users of the park). -2- We very much appreciate your attention to our request. Our intention is not to interfere with the public's enjoyment of the park. We do want to preserve the rural character of our neighborhood and the park, consistent with Mrs. Noerenberg's desires and those of the residents of this area. Thank you. TW Jim, Pat and David Mitchell HENNEPIN LM April 25, 1986 DEPARTMENT OF TRANSPORTATION 320 Washington Av. South Hopkins, Mi,'inesota 55343-8468 935-3381 7 ''35-6433 Mr. Michael Gaf f ron Assistant Zoning Adr.inistrater City of Orono P. C. Box 66 Crystal Baj, EQi 55343 Dear fir. Gaffron: PE: Proposed Mlaster Plan - Noerenberg flenorial County Park - CSAH 51/64 South of 51 - West of CSAH 84 Section 9, Township 117, Range 23 Hennepin County flo. 1386 Review and Rewmmendaticrs E We reviewed the above tr a: ter Plan and make the f ollaiing comments: - he additional right-of-way required by Hennepin County at this time alor:g CSAH 51 in the area of this plan. - For future improvements to CSAH 84, the develci-er should dedicate an additional 7 feet of right-of-way along CSAH 84 m kirg the rirtt-of-way 40 feet from t-he center of CSAH 84. - LTe proposed locations of the revised north and south entrzr:ces are acceptable to the Hennepin County Dept. of Transportation. - Any new access onto a county road or a revision to an existing acce.j_ requires an approvea Hennepin County entrance permit before beginning any construction. See the Vairtenance Division of the Hennepin County Dept. of Transportation for entrance permit fonds. - The existing driveway Entrances mList be rEmoved and restored co Herne pin County -ta:rdar& by the developer. - F11 Proposed construction within County rici:t of way requires an approved utility per::it prior to beginning cor.;truction. This includes, but is not lir,ited to, drainage and utility: construction, trail 6evelol:ment, and lancscat:irg. See our Maintenance Division for utility pentit forms. HENNEPIN COUNTY an equal opportunity employer M. Gaffr%.., April 25, 1986 Page 2 - The developer roust restore all areas disturbed during corrtructicn within County right of way. Please direct any response or questions to Les Weigelt. Sincerely, z/ 'ZZ.-ly David W. Schmidt, P.E. Traffic and Transportation Planning UVJS/LLW :nr Bonestroo, Rosene, Anderlik & Associates, Inc. 2335 W. Trunk Highway 36 St. Paul, MN 55113 612.636-4600 April 30, 1986 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Mike Gaf`-en Engineers & Architects Re: 139-1020 Noerenberg Gardens Dear Mike: Uun G. Rawnow. P. L. kuvwr. P.E Ju ph CM. /weph Awdrrl�A, Y L Rlar/urd A I .hrrg' P L. kw Awd L. rrrwrr. P.E. l.mo C. Ubx . Y.L. MAY ? Gbnw R. C'auf. P. E A nth A. Gwdwt. P E. TAe..w L. Nuyn, P.E RerAwd W. fa.le., P.E- RaAerl G, SrlwwaA/. P.E. Mer.w L. SorrwN. P.E. ..D*aId C. Aws"l. P.E. 44try A. Rawdus. P.E. A41k A. H&www, P.E. Tk X. FmV. P.E. Mirbd T. Rwimew . P.E. Rubw R P/y%rlr. P.L. Do..d 4lr. LwAaue.. P.L. Thames W. Powum, P.E. A/w'Awd C. LywrA. P.E. A.rrw L. WAS. P. E. 1~ R. AfelmW, P.E. Af~k P. ANdWI , P.E. AM A. &ONMw, P.E. Mw* R. AWi. P.E. RobM C. Rus rk. A.LA. TAomm E. Apr.. P.E. S.wl L. Twew,. P.L. CAw ks A. LnrLww Len Al. ft-rWy Hrdm M. ob w S.ww M. EL,rda We have reviewed the site plans for the Noerenberg Gardens deg-1c,;�men_ and would recommend the following alterations. The ponds adjacent to County Road 51 should be provided with an outlot at ele- vation 932.5 which is three feet below the elevation of County Road _' This could be accomplished by piping or by swale construction. The parr._ ` should be constructed to carry the water along the curb line. The parking area north of County Road 51 should be more descriptive as to the surface, type and number of parking spaces. If you have any questions please conta, nis office. Yours very truly, BONESTROO, ROSENR, ANDERLIK & ASSOCIATES, INC. Glenn R. Cook GLR/aes 4759d 30 Year Anniversary TO: Mayor Butler Mark E. Bernhardson, City Administrator Planning Commission Orono Councilmembers FROM: Michael P. Gaffron, Assist -it Zoning Administrator DATE: May 16, 1986 SUBJ: #1020 Suburban Hennepin Regional Park District - Noerenberg Park - Continued Public Hearing NOTE: Please refer to the information contained in your April 21 Packet. ",'di tiona 1 Information: -The Orono Park Commission did not meet prior to your May 19 meeting. However, Park Commission Chairman Barb Peterson, who was on the County Park committee involved in planning of Noerenberg Park, will be present to address your concerns. -Police Chief Kilbo has reviewed the plans, and his only request is that the pedestrian crossing be adequately stripc.' and signs installed. -The Park District has been -orking with the Watershed District regard':Zg the grading ,,.ans. -I have enclosed the following documents which should give ycu a better background regarding the park property: -final report of the Noerenberg Memorial County Park Advisory Committee - August 5, 1985 -copy of will -minutes of the Advisory Committee 11/29/84 with letterL regarding interpretation of the will Note that the Advisory Committee spent `wo entire meetings regarding the interpretation of the will, and I'm sure Dianne Goetten and Barb Peterson will confirm for you that the intent cf the will is being carried out in the plan in front of you. i .could request that the Planning Commission address the land use issues within the purview of the City's authority to review. The City Attorney has stated that the intent of the will is essentially a legal matter and that we should review the proposed park plans as they relate to our codes and the land use issues involved. HENNEPIN PARKS November 27, 1985 Suburban Hennepin Mr. Mark 1''ernhardson, City Administrator Regional Pork District Cityrrof Orono 12615 County Rood 9 Box U 6 PO go. 41320 Plymouth, MN 55441 Crystal Bay, MN 55-23 IaMphw (61215 59 9000 Board of Commissioners Dear Mr, Bernhards,-n: Duval Loh,,aho G000lden VuUey G Enclosed please find - copy of the final report of the 564y A. Somme Noerenberg Citizens Advisory CenunittEe. This report represents "`°fhQ Map4 P'la;, the future plans for the development and operation of the park. luddhS Anda,on It was adopted by the Board of Par,, District Co=,4ssioners of 61i.....l """, the Suburban Hennepin Regional Park District on November 7, 19()'S. "'sSt L% .,PUA We would like it to be reviewed by the City of Orono and to NKhola,Eobh receive con-ept approval so that we may continue with more detailed planning and ultimately the cevelopment of the c st4KPw facilities described here. Nd ww.. Mound Based on earlier conversations with yoa, I unde^stand that the Vern ° plan will need to go befure the Orono Planning Comr7iss'on and ,';n seuehwyto0— perhaps the Park and Recreation Cocm►ission for review, before Road consideration by the City Council. Please advise us as to the schedule of meetings that ;,u would like us to appear at and as to any additional information that might be useful to the City in its review. rYF have also enclosed a Noerenbern Memorial County Park Master Plan nap. it is the Pa.': District's desire to ,•eceive approval for '.oe )lan in total, although it will not be develL,,,ed in one phase. Once approval has been received, we will develop the necessary iinancirg and specific site plan to proceed to construction. We anticipate that the total plan will be developed over a number of years, however, it is im t.ant that the entire concept be approved now, so that )roceed w th our planning in an order,; fashion. We look forward tc hearing from you as to the schedule of presentations to the City of Orono. Sincerely, 1 Marty J se Assoc at Superintendent ErJosures: Report and Map r;NAL REPORT OF THE ;OERENBFRG MEMORIAL COUNTY PARK ADVISORY COMMITTEE AUGUST 5, 1985 01 Table of Contents Paae I. Letter o. iansmital 4 II. Detailed Cost Estimate 6 III. Introduction 7 A. The Gift and Will 7 d. Court Order 7 C. Previ_is Planning 9 D. The Current Advisory Commit' ee IV, The Area South of County Road 51 11 A. Theme: "Estate Gardens jf Lake Minnetonka" 1. Why ..tit ardens % 11 2. Background of Estate Sardens '" 3 Elements of are garden �3 6. ConcP"t P;an for Noerenterg h,ef-zria '-unt- Park "A TY.aditional Estate Garden" 14 1. Design Considerations and Site Analysis 14 a. Open, Sunny Areas 14 b. Low, diet Areas 14 c. Cpen Understory with MaL Canopy 14 d. High Poi-ts 15 2. Major Components of tnE Plan 15 a. Entry 15 b. Vi , i+,ir Cen, r 16 c. Forma. Garden 16 d. V -.iicured Grounds 17 e. Natural Area 17 f. Evergreen. Buffer 18 3. Memorial Arbor 18 h Gazebo 18 i, Maintenance Services 1P_ J. Irrigation Sy:tem le 3. Capital %ridir2 18 4. Site Plan 2C C. Operations Plan 21 1. TA►gpt Aud 4ices _1 2. Programs 21 3. Public Hours of the Estate Gar('.en 22 St, 2^ 5. Opp. rating Budget 2;3 Table of Contents V. The Area North of County Road 51 24 A. Theme: "The Noerenberg Nature Area" 24 B. Concept Plan for the Noerenberg Nature Area 24 1. Major Components 24 a. Landscape Plantings 24 b. Hiking Trail 24 c. Parking Access 25 d. Obervation "Blind" 25 2. Capital Funding for the Nature Area 25 C. Operations Plan 25 03 OFFICE -- FRESHWATER FOUNDATION 25�V SHADY` kX)D ROAD - BOX 4 RICHARD G. GRAY, SR. NAVARRE AINNESOTA 5519: TELEPH('• E 612i471-e142 TO: Board of Commissioners Hennepin County Park Reserve District FROM: Noerenberg Memorial County Park Citizen's Advisory Committee DATE: August 5, 19R5 SUBJ : Approval of Final Garden Layout The Advisory Committee met seven times during the past nine Mk -.ths to -,ws der facts, alternatives, and solutions to the Tong -range development vi the c;.aT4,(-'tns and land donated to the Park District in 1972 by Mrs. Lora Hoppe. Our consideratior,s and conclusions are as follows: 1. The Park District is indeed fortunate to have in its possession -,kith a priceless piece 3f property on Lake Minnetonka, and every effor' should be made to preserve and enhance the property in accorr,,ar-ce with Mrs. Hoppe's will. 2. A theme of an old-fashioned estate garden modeled after Mr. Edmund Phelp's many Lake Minnetonka landscaped gardens and grounds was deemed proper- for the further development of the property south of Highw,jy 51. 3. A strong position was taken by this committee that no picnicking, launching or landing of boats on the shoreline, or any dockage or other facilities be constructed on the shoreline. 4. The committee concurs with and applauds the decision of the Board of Commissioners that $1, 200, 000 of the sums left under Mrs. Hoppe's will be kept intact as principal and only income from this base sum be used for maintenance and improvements. 5. The committee concurs that a good use for monies in excess of $1, 200, 000 be for improvements to basic su-Pport services for tt-.e park, in anticipation of later major redevelopments of the gardens and grounds as monies are available. 6. The committee does not believe the construction of a visitor's center warrants top priority, but other items under Phase I of the cost estimate dated 5 August, 1985 be implemei od and completed with the exception that the water distribution syst,�,n be implemented only to the extent monies are available to do so. �1. 3oard of Commissioners August 5, 1985 Page Two 7. Phase II of the master plan per the cost estimate of 5 August should proceed only when earned income exceeds maintenance costs annually. When an improvement item is commenced, it should also include work from other items that makes it possible for the item in question to become a completed entity. S. Phase III is too far in the future for the committee to react at this time. 9. The land north of Highway 51 should be kept undeveloped until a master- plan is devised. Perhaps it is proper to appoint another citizen's committee to advise on that parcel when timely to do so. 10. The committee commends the Park Reserve staff for its excellent cooperation, planning, and execution. Ntarty Jessen has been a most tive staff coordinator. RICH -G 74`1' i rri'f3fr/ Committee Members: / ANN DOERR DORTHEA FISH J. DIANN GOETTEN MICKEY GOLDMAN MIKE HEGER JOELLEN HURR BARB KAERWER BOB KOJETIN BOB MUGAAS BARB PETERSON GLEN RAY GEORGE RECTOR TONI RILEY HANK SERWAT v o NOERENBERG MEMORIAL COUNTY PARK Revised Cost Estimate - 5 August 1985 1. This consists of an updated cost estimate for the basic support services as discussed in the Draft Report of March 14, 1985. 50 Car Parking Lot $ 43,662 1800 Square Feet Visitor Center 180,000 Water Distribution System 100,000 Memorial Arbor - 832 Square Feet 23,870 Utilities 30,000 Plantings (east side of property) 25,000 TOTAL 3402, 57 2. Features which should be developed to provide a minimal, but useable display garden. Grading and Demolition 14,923 Terrace, Walls and Steps at Visitor Center 11,649 Brick Pathways Walls and Steps Trellis in Garden TOTAL Plantings for Remainder of Property (including floral display areas) TOTAL OF DEVELOPMENT IN NO. 1 AND NO. 2 95,069 19,656 3,30C �4, 55 -_ $123,887 77T.-M76- 3. Additional features which would complete the development as indicated on the plans. Arbor at Visitor Center $ 13,200 Walled Garden Curb Edging in Garden Limestone Pathway with Steps Water Feature Exterior Fence and Gate Screen Gazebo Lake Edge Rip -Rap 3 0, 000 1,400 10,000 100,000 52,500 3,000 4,000 SUB -TOTAL $214,1 0 TOTAL TO COMPLETE DEVELOPMENT AS SHOWN ON PLANS $8851116 NOTE: These estimated costs represent construction costs in 1985 dollars only; and do not include fees, charges and contingency. 06 III. INTRODUCTION A. The Gift and Will In 1972 the Hennepin County Park Reserve District acquired property in the City of Orono, adjacent to Lake Minnetonka, as a gift and bequest from the late Lora N. Hoppe. Indicated in her will were several stipulations regarding the use of the land. Included were the following: o The area shall be known as Noerenberg Memorial County Park, establishing a memorial park in memory of Frederick and Johanna Noerenberg, parents of Mrs. Hoppe. o The land shall be operated and devoted to public park purposes as an arboretum for flowers, shrubs, and trees. o Tne land shall not be used for picnic purposes, for camping, for boat or watercraft launching, or any uses incompatible with that of a general display garden. o The house on the property shall be demolished and a memorial arbor erected with a plaque commemorating the Noerenbergs. o The area north cf County Road 51 should be operated and managed in its approximate natural state as a place wherein wild fowl and other wild game be allowed to congregate on the land as a natural area. o Earnings of the funds, also given to tie District, should be used for the purpose of maintenance. Q. Court Order While the will specifically prohibited certai'i things, and explicitly is 7 directed others it also left many items to interpretation. In 1975 the District sought a court order interpreting and defining authorized uses of the funds given it by Mrs. Hoppe. The court directed: o That the Hennepin County Park Reserve District is directed, as trustee, to apply the real property devised to it by said decedent to the use of that of a general iisplay garden as specified in the Will of Lora N. Hoppe o That the Hennepin County Park Reserve District is directed, as trustee, to maintain the personal property received by it from the estate of Lora N. Hoppe in a segregated account and shall administer the same in trust upon the following terms and conditions: - To apply so much of the trust principal and/or net income therefrom as riay be reasonable and necessary to develop and maintain the general disply garden as described in the Last Will of the decedent - In the event that the trustee finds it reasonable to do so, to expand the land area devoted to such general display garden usage by acquisition of adjoining lands by application of such portions of the princ d/or net income of the trust as determined by the tr, a to be necessary for that purpose u -Ihat the Hennepin County Park Reserve District, as trustee, in regard to said trust, is hereby vested with full powers of asset sale, investment and retention as specified in Minnesota I)tatutes paragraph 501.125, enabling said trustee to properly 00 administer and apply the trust assets in its possession to the uses and purposes set forth herein and in the Will of Lora N. Hoppe, dated March 23, 1970. With this clarification, the ?istrict Board has, as a matter of policy, determined that $1.2 million of the fund should be retained as principal The earnings from investment will be used to finance ongoing operations of the park. C. Previous Planning In 1974, an advisory committee was established to develop a plan for this area that would be consistent with the will and make availaL'e to the publ4 a bea-tiful and educational place to visit. The committee developed a concept plan, but due to various problems the plan was never implemented. D. The Current Advisory Committee - 1985 The present Committee was established in October of 1984 in order to complete the task of developing a plan for the park. In regard to this task, the Committee was charged with the following responsibilities: o to advise District staff in the review of the ori;'nal Master Plan for the park. o recommend appropriate chdages in the plan and establish a long term working plan for preservation, improvement and maintenance of the Park. o to recommend appropriate funding strategies for the development of the park according to the plan that the Comn:ittee recommends. The membership of the Committee, in order to represent the various interests associated with the park, included individuals from various t) j backgrounds and community interests. Committee members were selected from the following areas of interest: o Horticulture o Individuals i Recreation o Neighbors o Friends of Mrs. Hoppe o City of Orono o Lake Minnetonka Community The committee met as a whole on several occasions to carry out their task. This report is a result of their concentrated effort and represents general consensus of what the Committee determined best for the District and for the citizens of the area while consistent with the interpretations of Mrs. Hoppe's will. The Committee's deliberations included the following: o Review of Mrs. Hoppe's will and court -der and discussion of how the Park could be developed and operated within the sp'!rit of the will. o Review of the 1978 Plan prepared for the Park o Inventory of other gardens in the Metropolitan Area o Discussion of poter•tial themes. o Presentations by Ray Ford, the Noerenberg's Gardener, and Arla Lindberg, currently the gardener for the Hennepin Co,nty Park Reserve District at the park regarding their percc)tion of current operations and future development. o Review of the history and importance of estate gardens in the Lake Minnetonka area and Eddie Phelps role in the planning and development of these gardens. 10 o Review of two distinctly different ncepts for developing the area south of County Road 51 utilizing the theme of Estate Gardens of Lake Minnetonka. o Review of a concept for utilizing the area north of County Road 51 as a "Nature Area." Because of the two distinct areas of the park as specified in the will this Report is also divided into two distinct sections. IV. THE AREA SOUTH OF COUNTY ROAD 51. A. THEME: "ESTATE GARDENS OF LAKE MINNETONKA" 1. Why Estate Gardens? In discussing themes for the garden, the Committee was guided by two objectives. First the Committee felt that it was important to provide a garden that would not duplicate the efforts of other gardens in the metropolitan area. In addition, the Committee saw the park as an area that should provide an educational as well as recreational experience for those who visited. In considering these goals, the Committee considere6 a variety of possibile themes, including the following: o Victorian o Olo English o Winter garden o Minnesota Native Plants o Estate Garden of these themes, the Estate Garden theme generated majority support from the committee. Advantages of the Estate Garden theme include: o It will not duplicate the efforts of other gardens in the Metropolitan area. o Estate gardens are a signifcant and historical feature of the Lake Minnetonka area. o Eddie J. Phelps, a nationally known landscape architect, designed many of the estate gardens in the area and lived in Wayzata. Mr. Phelps was one of the first landscape architects in the Metropolitan area and had a major impact on the profession's growth in the area. 2. Background of Estate Garder;s Estate gardens are an interesting part of the history of the Lake Minnetonka area. Many residents of the area, had elaborate gardens designed for their estates. The gardens both incicated and graced tr- style of those living around Lake Minnetonka. An important figure in this fascination with elegant and expansive gardens was Edmund J. Phelps, a loi,al landscape architect known nationwide for his. work. Phelps worked in the area from approximately 1925-1950. His work can be found in the Twin Cities, Duluth, Chicago and Washington, D.C., as well as the states of Massachusetts, Connecticut, and Tennesee. A list of his clients indicates that he worked with some of the more prominent citizens in the Lake Minnetonka area. Phelps played a significant role in the development ;.J the profession of landscape architecture, and the Estate Gardens represent a substantial element of his work. The Committee feels that this theme establishes a tribute to Phelps and his work on the "Estate Gardens of Lake Minnetonka." The University of Minnesota has a scholarship in landscape architecture caller the "Edmund J. Phelps Memorial Scholarship." 12 Funding for the scholarship fund came from some of Phelps' clients in the Lake Minnetonka area. 3. Elements of an Estate Garden The completed garden of an estate incorporated many elements that worked together as a whole to bring about a total design. Elements representative of estate gardens in general included the following list. Phelps incorporated these elements into the gardens he did in the area. o Geometric forms and fancifLl garden shapes such as a four leaf clover o Borders of the gardens and lawns were often hedges o Color coordinated gardens o Architectural structures as focal ,, ints of the garden area su_,, as gates, gazebos, garden houses o Rose gardens o Perrenial gardens c Uarden walls or hedges as enclosures that define "outdoor" rooms o Water features such as pools and fountains o Large canopy trees o Highly manicured lawns In developing gardens incorporating these elements, Phelps paid particular attention to proportion, or the relationship of one element to another. Phelps was concerned with "the scale with which one tt.ing is related to another, the house with _ lawn, the gazebo with the rose garden, the pool with the terrace or the steps with the %al 1 . " It is the Committee's (iesi re to continue this i V tradition of "proportion" with the Nuerenberg site This concept of spatial relationships can be seen in the proposed plan fur the garden in the tra—ition from the visitor center to the forma floral display area, to the manicured estate grounds, to the natural edges of the estate. Thz )Ian includes several E,er►ent:. architecture as focal point, on the estate including the visitor center and memorial arbor, the lakPsidE gazebo and the grape arbor. AddiJ onal architectural features are antici, `.ed including a pool, faun*dins, benches and observation platforms. B. CONCEPT PLAN FOR NOERE14BERG MEMORIAL COUNTY PARK - "A TRADITIONAL ESTATE GARDEN" 1. Design Considerations anu Situ Analysis In looking at the vegetation and topography of the W oerenberg site with the intent to develop an estate garden, Special consideration was given to the following features or characteristics of the land: a. Open, Sunny Areas: Up to five large a eas of this type are evident on the site. Their specific features range from goc,J to poor soil, flat to sloping terrain, major relationship to the lake as opposed to that of the road, existing gardens tc natural area. Suggested uses, depending on particular area, could include gardens, lawns, parking or water features. b. Low;_ Wet Areas: The land characterized by this feature is close to the road and is rcc.asionally flooded. Suggested use is extensive planting of low maintenance plant riaterials and for a possible natural water feature. c. __�0 en Understor�:with Mature CaWhile such of the _ _ n....ofir. vegetation of this type is close to the lake, some of it does extend north to the roars. These areas include mature trees, steep slopes, and a wi )w allee. It is recommended that no major constriction occur within the dripli es of the tree Possible uses could include shade plantings and/or manicured lawns creating the feel;ng of wide open spaces with paths for circulation and bencher. for sitting. d. High Points: There are four high points in the park, each with unique characteristics. They are potential sites for areas overlooking t� formal garden, the ,est of the estate or the lake. 2. Major Components of the Plan In looking at the existing features of the Noerenberg site and the design elements of estate gardens discussed previously, two distinctly different concept plans were developed. The first of these, "A Traditional Estate Garden," is recommended. A second "Modified Estate Garden" concept with a long drive through the park with parking near the channel was also considered. The "Traditional" concept is recommended by the Committee. It includes the following elements a features: a. Entry: In a traditional estate garden, the entry was important as it gave 'ints of the garden to come. In this concept, the driveway is short with entrance thru a "grand gate" indicating the "elegance" of what is to fo+low. The drive and entry takes the visitor to t _ visitor center first, as it would take a quest to the home. Landscape plantings near the entrance and along Lr-e road to the east will add to the "grand gate" entrance to the Estate. I The present entry point would be retained with another pillar added to the east creating separate entrance and exit gates. Additional landscape plantings would be added to enhance the "grand gate" feeling. The perking area would be limited to space for 50 cars. Bike and "walk in" access would also be available at this point. The drive and parking area are limited in size to minimize "hard cover" on the site. b. Visitor Center: A visitor center of approximately 1,800 square fee proposed. It will be the first thing experienced by visitors coming into the garden off of County Road 51. The center should include a lobby and reception area, and a classroom/lounge capable of accommodating up to 80 people. Restrooms, a small office and area for storage area provided. An outside patio is also anticipated. The architectural style should recall that of the former house that should also be replicated in the memorial arbor. c. Formal Garden: The formal garden starts from the visitor center. Several key characteristics anticipated in the formal garden include: o A carefully designed sequence of experiences o Enclosures and intimate spaces o Formal beds in geometric designs with color schemes o Views to other architectural features, the manicured grounds, and the lake o Use of garden structures: benches, arbors, walls, terrace, pools an' fountains lv Special consideration will be given to selecting plant materials and garden features that will be of interest on a year-round basis. Plant materials that hold fruit over winter or with color or texture of interest in the winter will be considered in developing specific plai!s for projects to occur within the formal garden area. d. Manicured Grounds: The visitor, after spending time in the formal garden, would then proceed to the manicured lawn area. Characteristics of this area include: o Mowed lawns under large canopy trees o Shrub massings for color and texture o Blankets of early blooming or shade tolerant flowers in the lawn o Crisp edges o Paths and benches as architectural features e. Natural Area: The visitor experience from the manicured grounds then proceeds to the natural area at the edge of the Estate. Characteristics include: o Recreated forms of natural plant communities requiring low ma4,iLenance o Paths and observation platforms allowing viewing of the Estate and Lake An added benefit of this area of the site would be to provide a vegetative and visual 'Duffer from the Lake channel and road that it borders. 1r f. Evergreen Buffer: Consistent with Mrs. Hoppe's will the area east of the parking lot to the boundary of the park will be planted with evergreens to buffer the neighbor to the east. The mass of plantings will also include other plant materials to add color and texture of interest. g. Memorial Arbor: The existing arbor should be removed and replaced with one replicating the architectural style of the house. Specifically, the memorial arbor should recall the feeling of the porch and utilize the pillars salvaged when the house was razed. h. Gazebo: The boathouse/gazebo is being restored in 1985. The top story will be a pleasant place to rest with panoramic views of the Lake, formal garden, and the remainder of the Estate. i. Maintenance Services: A small work area and storage space is provided as part of the visitor center building. The storage of most maintenance equipment and large materials and supplies will be 4n the main barn across County Road 51. J. Irrigation System: The water distribution system will require some improven as the existing system is antiquated and a maintenance pry em.. 3. Capital Funding Capital funding for the development of the Estate Garden will come from several sources. Earnings from the funds given by Mrs. Hoppe in excess of annual operating costs as well as principal in excess of $1.2 M will be used for development projects. in addition, the District will seek contributions from individuals, organizations, Ib .- foundations, and corporations to finance the d-elopment of the park, particularly for sponsorship of specific eatures (fountains, pools, plaza, etc.) as calleo for in the concs_Y* clan. Preliminary Cost Estimates for '-he basic facilities of the plan (based on 1985 construction) are as follows: o 50 Car Parking Lot, paved $ 43,662 o 1600 Square Feet Visitor Center 180,000 o Water Distribution System. 100,000 o Memorial Arbor 23,870 o 'Utilities 30,000 a Plantings (east side of property) 25,000 Total $402,532 These estimates are for the item identified only and do not include extensive site work, landscaping, or related work. In addition to the items listed above as first priority for development to provide basic service to park visitors and to comply - with specific provisions of the will, a variety of other development is also anticipated. Items contemplated include walkways, fountains, planting beds, walls, benches, and pools. No specific cost estimates are given as the design, size, and scale Ar-a not nnu Aatarmi narl Approximately $130,000 of principal in the Noerenburg Fund is available for capital improvements. That, plus approximately $55,000 of excess earnings °rom 1985, can be immediately available for construction of the above. 1j all re lot �' \ �,;,;..u.Y.dY'S _• _,•,.'- - _$ FYyrC - -,�,,,��„ �!!.e W ' • _ - _ -.. colwTT wow[ m' w C. OPERATIONS PLAN 1. Target Audiences The District has the opportunity to focus the programs and services it offers at the Estate Gardens at various target groups. Target groups include garden clubs and other horticultural groups, school groups, and senior citizen groups. By focusing on the specific interests of these groups a clientele will be developed. Educational and historical displays, exhibits, tours, and c,ther programs des-•ibing estate gardens, the Noerenberg Estate and the lifestyle of the Lake Minnetonka Area will be developed. Public use of the area will include general public strolling through the Estate with the visitor center as the focal point at which the visitor will get a general orientation and/or specific information on the Estate. 2. Programs There are many programs that could be incorporated into the Estate Garden to provide for more pleasurable and educational experiences for visitors of all types. Possibilities include: o Slide presentation regarding estate gardens of the past; highlighting unique features of several gardens Displays and classes for flora? arranging, drawing, art, etc. o History of Eddie Phelps and other formal landscape architects and their work in the Lake Minnetonka area o History and pictures of the Noerenberg home and its original garden and lifestyle in cooperation with existing historical societies. o Explanation of the layout and development of the Estate in the past and current plan o Planned guided tours through the Estate with interpretation directed at the history of the garden and the estate gardens of the Lake area o Public events celebrating the gardens of the past o Selected private affairs such as weddings Program efforts will be adapted to the specific target groups. For instance, a garden club could incorporate into their visit to the Estate a presentation by one of the gardeners about the various types of flowers in the garden and how they were cared for by Ray Ford. A school group could focus on the history of the garden with special activities designed especially for that group by a park programmer. 3. Public Hours of the Estate Garden Proposed hours for the park: Peak Season (May through October) 8 a.m. - 9 p.m. - Daily Off Season (November - April) 9 a.m. - 5 p.m. - Weekends/Holidays 4. Staff Staff will be needed in the following areas: Attendants: A number of seasonal employees will be necessary to assure the smooth operation of the park. These positions include garden attendants, and visitor center receptionists. 122 Fees and Charges: These could include special program fees, -Pntals, etc. It is recommended that there be no parking fee tecaus.. Mrs. Hoppe gave sufficient funds to finance the public's ceneral use and enjoyment of the Estate. Gifts, Contributions and Sale of Materials: Additional gifts may be possible for specific projects. Examples may include a book on the Estate Gardens of Lake Minnetonka for sale in the visitor center, exhibits or displays, or the sale of art work related to the Garden. Y. THE AREA NORTH OF COUNTY ROAD 51 A. THEME: "THE NOERENBERG NATURE AREA" In her will, Mrs. Hoppe indicated that the land, north of County Road 51, should be "managed in its approximate natural state as a place wherein wild fowl and other wild game will be allowed to congregate on this land as a natural area..." Attention must be given to how this area will be developed and maintained. B. CONCEPT PLAN FOR THE NOERENBERG NATURE AREA 1. Major Components a. Landscape Plantings Natural plant communities will be enhanced here with emphasis on color and texture for visu6 nterest as well as their ability to attract wildlife. b. Hiking Trail A hiking trail will be developed out to the point. It's emphasis will be on enhancing the natural feeling of the area without violating the wild character. 24 Program Staff: On a part-time basis, program personnel will be responsible for public and group reservation programs. This will include guiding tours, coordinating large special events, designing special programs for groups, etc. Maintendnce: Currently, three seasonal maintenance staff are needed to maintain the Estate, one of which is a permanent part time "lead -gardener." It is not anticipated that additional maintenance personnel will be required if this plan is implemented. Security: The Estate will require security personnel. This will be accomplished through seasonal rangers hired specifically for the Noerenberg Memorial County Park. Schedules will be dictated by visitor patterns and will include both the garden and Nature Area portions of the Estate. Propagation- Plantings for the garden would be annually propagated in the District nursery, therefore eliminating the need for a large greenhouse as proposed in the previous Master Pl an. 5. Operating Budget The operating budget for the Noerenberg Memorial County Park will come from three primary sources: Interest from Trust Fund As specified in the will, earnings from the trust will be used primarily for maintenance purposes. According to the court order it appears to be appropriate to use principal for operating programs, however it is the intent of the Committee that the principal oe conserved to provide adequate earrings to finance future operating costs.. c. Parking and Access A 12 car gravel parking lot is planned with additional overflow parking on a grass tirface. d. Obervation Focal Point The northwest corner of the main barn should be utilized as an area to observe wildlife and the lake beyond. Special plantings should be planned near this area so as to attract wildlife for viewing by Nature Area visitors. Much of the remainder of the barn will be used as space to store maintenance equipment and materials to carry out maintenance functions. 2. Capital Funding for the Nature Area Capital costs for this portion of the Park will be minimal. Preliminary cost estimates are as follows: o 12 car parking lot 5,000 o Modifications to the barn 15,000 o Trail deve pment 5,000 o Landscare plantings 25,000 TOTAL $50,000 C. OPE:RATIONS PLAN The Nature Area will be open the same hours as the Estate Garden. Most nisifirs will use the arfi "on their own" without staff assistance. Limited programming could include: guided wildflower walks and early m;,rning b:rd-watching. Staffing will consist of maintenance and ,.ecurt .y pers r•P . Both will be done by personnel hired for the Estate Garden portion of the site. -�; -j NQFJ iE:Nl rl:RG tILMOR 1 AL COUNTY PAR iADVI30RY COMMITTEE MEETING NOVEMD F 229, 1904 4a00 P.M. Pr esient: Richard Gray, Chairman Elob l,ojetin J. Dianriei Goett_en Mrs. James Fish LOrbara Fourwer Absent: Mickey Gol. dm4+n Mrs. henry Doerr JcEl len Hur r HMPRD Staff: Marty Jossen Don King Judy McDowell Glen Fray Georgo Rectcr Mike Heger Bob Murgas Barb Peterson Toni Rilay Hank Gerwat Dick Gray opencd the meet: ng -ti: ; ;. rr i r q 1. he commi ttew to a zories of letters; between hire. el , F::..» Bennett, an attorney providing legal advice on his interpretation of the intent of Lora Hoppe'a will. (Cory attached). Gray r viE•wed the letters for the rom.m4.ttea, foc•..rsing on the following points, %r.•de by Mr. Bennett: 1. The two separate portions of tho part: were designated fcr two eparAte u%ws. The north portion is clearly intended to be a game refuge and shots l d be developed at; such. Gray mentioned a f ac i 1 i tv in New Yorks that had been succFssfully developed into a bird observation area for the public whiles remaining in its natural stt+tV. This was accomplished throt..rgh thf� use of large pli ctUre windows and microphones that al 1 owe d the visitors to hear a5 well a.s see the birds, yet provided a buffer between them. 2. Unly earnings of the funds should be used for maintenanrie of the park -- with principal retained for investment. '.. No re.:trictions in the wr1: were defined as to where the funds could bees invested. However, M..�r r. y .Jr:!,sen stated that the District has legal re�itrictianr, ass to where it can invest. 4. "Maintenv was defined to include modest improvements. Bennett refer to 4lalVing pzath=�, labelinq of pl.:%ntse and signs •:j�j cs:; J Doating was Llearly not intended a part ' t:he part:. ac:tivitiou. This includes butt, launc_ri, iq and docking. F. The type of garden was not Lpecified in the will. A single +.;.c,m,.! gordun would h+_, appr apr i at a As would any combi na+ i onss of "thumr�l " 7. Although raising large amounit:, of money for the pe;rk;occ :rf improving the park: was not contemp 1 •ate 6 in tho will, Dennett i against it as it could re:.,ul t in a cha e of character in the park. Gray summarized this section by stinting that the will clearly i ntendod Nourenberg Park to be ca .Although well -kept place to visit. Comment m on th, interpretation ai the will centered cin whE�4' -ar f and i nu for the perk: _as i nd i catud in the will would be enaugh provide -for a well -maintained park:. OLOeStinns included: Could county funds be !iS0171^ Couid basic fc-r.ci1it-ies Zuch I�B is parking lot or restrooms be constructed from the earnings'' Jeasen stated that earnings could be 31 '4,000/year. Operating E" nse s in 1905 total A77, 000. Is the interpretation too narrow'? Glen Ray stated that Dennett's interpretation of the will sec:,med to be in conflict with th interpretation of the ,-original committee. !art+y Suggested that further efforts r interpr-etat.ir:rn be investigated. lip requested that members of the committee take- time to review the will and Heynnett's interpretation t•hemselvrsa. He aisra suggestc?d that the county gain additional insight into the intent of the will by wav of an inter-pretation by the CULWIty Attorrey's office. r rretktp.. Home Dr'!nnnstrati on._-Gardcc Mike Heg4r made a presentation on the Home Demonstration Gardens current 1 y being developed at. the: University of Minnesota Landscape Arboretum. The philosophy of the gardens is to display small garden spaces that homeowners can eiasi l y relate to. Themes included fruits and vegetables, kitchen herbs, dwarf and ,mall growing pi _rrts, wild-f 1 c:,wers, vtc. It wasi stated that the, concept cf they Home Demonstration garden was alsr_.) coiiceived iiy the original Noerenberq Comer ttee prior to th.i Arboretum's beginning iti> plans. Gray opened cep discussion for ideas from the committee as to themes thcai. might be incorporated into tho gardens. Ideas included: Victorian Old English Minnesota native? plant,, Winter g Arden Estate gardens; It was suggested that resources for thv garden planning and design be an individual or firm of national significance. Jvs�:en 7A1pgest0d that th*"I& terms be defined for they next meeting in ortivr thy, -At a distinction bra madQ bi-tween them. Oeveral IandmarIr. gardens rof erred to dur-iriy the diT.cussi included: - William b ra. Vir'ainia = colonial. early American _gardens of French influence, very formal. Winston Churchill's home, England -- emphasis on greens, very typical of English countryside; public allowed to walk: a,iywhere. No Al :orrection was made in the Nov. 1 minutes referring to J. Diann Goetten's report to the committee on City of Orono :zoning standards. Omitted from the report was a statement indicating that standards pertaining to hardcover and ►etbacks may be waived by obtaining a variance from the city. 21•t meeting: Thursdi,/, December 27, 4 p.m. Freshwater Eiolotaicctl Institute CNErcrn Rnhard G CIO Sr Cna,rman p, Richard S Caldecon Vr(r Chairman Ger"Fe 1 Pennock VKr Cha"n"I'l [rndw, G AAhur It . Se(crrah N' Duncan MJCMdIan. 1/eawrer Dr I~ph P Rowhon, iresrdrnl Directors: Srwae D Andrrws Ir November 7, 1984 Erndw, G Arthul. It Roger [ Baker N'Jham M Baler Raymond D. Bia(k W,11,am M. Bwrken Dr Thomas E Brunrhu Mrs Herbed VN' Buscher Mr. Russell M. Bennett or Rrchard5 Caldecott Gray, Plant, Mooty, Mooty >; Bennett µis Benton I Caw DamelC Chabot 3400 City Center Henry Doerr Minneapolis, h1N 55402 Krngsle� Foster Richard G Gray. Sr James [ Helland. Jr. Dear Russ: Mrs John 0 Irvine h FRESHWATER FOUNDATION 2500 �hadywood Road, P. O. BOK 90 Navarre. Minnesota 55392 (612) 471-8407 Of I~p T ling I'm chairman of the Noerenberg Mc rrorial County Park Advisory Committee. V. Duncan MacMillan DavrdI McLaughlin This committee is newly formed for the express purpose of advising the C'harlesM Moos Hennepin County Park Reserve District regarding the further development [Ali yf mcwrnan George T Pennock of the Noerenberg property on Lake Minnetonka under the terms of the Mr, Wdl,amG Ph-ugn will of Lora N. Hoppe. Dr Dean K R.zer RobMt% Ed Searles The committee is determined to follow the explicit intent of M. !':)pp( Mr, Ed..ard R Llcomb P � Thomas[ earner unde ner will. We therefore would appreciate your legai opinion as Mrs Vsardr F whraton to the wording of the will, and - even more important - her intent when making the gift under the will. As I see it, the "North" property is clearly for the purpose of a game refuge and should be "developed" as such. She foresaw the charging of admission and using the revenues for "conc'.ucting" the game refuge. Question 1: What constitutes "coed -ting?" The "South" property poses lots of should be a pubic park for garden an arboretum, which is "a place for It's not clear to what extent certain the monies can be used. questions. It's clear the property purposes, utilitzing the concept of s: ientific and educational growing." uses can be applied, nor just how Question 2: Can only "earnings" of the funds be used? Dc,es this imply no principal can be used? Question 3: Are there any restrictions, implied or otherwise, on how or where the funds can be invested? Question 4: Can the earnings be used o±X for "maintenance," or can some sort of improvements be done, other than maintenance? 15rhat are the limits of "improvements?" Question 5: Can a boat dock be installed on the shoreline to be used by visitors coming by boat, but not launching boats? Mr. Russell hi. Bennett November 7, 19B4 Page Two Question 6: Can the "garden" be a special one, even to the extreme of having only one species of planting? Can it be only a "winter" garden, or only an "iris" garden, for instance?" Question 7: Can funds other than Mrs. Hoppe's be used to expand or improve the property? Could "millions" be publicly raised and spent on the property? It bothers me that the character of the property could be circumvented by the use of outside money. Your written opinions, addressed to the committee, would be appreciated. It may be I have not listed all pertinent questions that should be raised. Please feel free to add any other opinions that would be helpful to the committee to clarify any areas of interpretation regarding the language and/or intent of the will. Thanks. R 9 1st . 1 L Richard G. Gray, Sr. nh I WILL CF I.OI,_ N. HOPPE I, LORA N. IIOPPE, whose full name is Lora Noerenberg Hoppe, of Hennepin County, Minnesota, make and declare this my will, and I revoke all wills and codicils made by me prior to the date of this will. ARTICLE ONE I direct my executors, hereinafter named, to pay all of my funeral expenses, expenses of last illness, claims allowed in the adminis- tration of my estate, federal and state income and gift taxes owed by me at the time of my death, expenses of the administration of my estate and all death taxes of any character (including interest and penalties) imposed by reason of my death with respect to any property treated as a part of my taxable estate for purposes of any such tax. My executors shall not recover any portion of any such taxes from the recipient of any part of the property constituting my taxable estate whether disposed of by this will or not. ARTICLE TWO I give the following legacies tr• those of the following persons who survive me: A. To my sister-in-law, CLl1N.A S1LlITIi (Mrs. Archie K. Smith) now living in Willmar, Minnesota, if she survives me, the sum of Five Thousand Dollars ($5, 000. 00). B. To GUSTAV DELCOUMT, of 1\1huteapolis, 11[inne nota, if he survives me, one thousand (1, 000) shards of Grain Belt Preweries, Inc. capital stock. r J C. To AR'1'fIUR IIAR'fisItT, of hiiruleuroiis, linnesota, if he --; survivesi me, one thousand (1, 000) s'iares of Grain I iAt Breweries, Inc, capital stock. If fie does not survive me, then I give said shares to his wife, hLUItA IIARTERT, if she survives me. �J D. To the UNIVERSITY OF MIN\ESOTA, for museum purposes, all specimens of moose, ducks and other birds now contained in my home on Crystal Bay, Lake Minnetonka. E. To ARTHUR IUnRTERT, FLOILk HARTERT, and EVELYN STANIUS, jointly and absolutely, or to the survivors or survivor of them, all of my furniture and household goods, personal effects and ornaments, excluding therefrom, however, those small remembrance items disposed of by a list left with my attorney, Henry W. Haverstock. F. To RAY FORDS, if he survives me, any and all automobiles and all tools, machinery and contents of the outbuildings on my homestead propertyngn Crystal Bay and Maxwell Bay, Lake Minnetonka, abso- lutely,/one thousand (1, 000) shares of Grain Belt Breweries, Inc. capital stock. G. To ELVERA ERICKSON, of Mound, Minnesota, five hundred (500) shares of twain Belt Breweries, Inc. capital stock if she is in my employ at the time of my death. H. Except to the extent, if any, that I have made gifts or suggested gifts under this Article and under ARTICLE TIiREE to relatives, I have not made and do not make any provision for any other gifts to them. ARTICLE THREE I have left with my attorney, HENRY W. HAVERSTOCK, a memorandum dated April 8, 1968, containing directions as to disposition of certain items, and I direct my executors to carry out my wishes as expressed in that memo- randum, except only that the gift to MARGARET DELCOURT shall be stricken therefrom, and I have added a gift to CLARENCE STELLMACHER to said memorandum. ARTICLE FOUR A. I give, devise and bequeath all of my real estate in Section 9, �- 10� Township 117, Range 23, Hennepin County, Minnesota, North of the center line of County Road No. 51, at Lake Minnetonka, subject to a life estate in �-� favor of RAY F0111DE in two and sixty one hundredths (2. 60) acres thereof C described 'is follows: .�j Commencing at the intersection of the center line of County Road -.0 No. 51 with the center line of French Road, so-called; thence Westerly along said County Road to the West line of Lot Four (4); thence Forth to the Northwest corner of said Lot Four (4); thence East on the line of said Lot hour (4) to the center line of said 0 French Road, so-called; thence Southerly along said French Road to beginning, Section 9, Townsliip 117, Range 23, Hennepin County, Minnesota. whereon is situated the dwelling house in which said RAY FORDE now lives, to MINNESOTA CHAPTER of THE NATURE CONSERVIUNCY, INC., a charitable corporation, with the request that the same be operated and managed in its approximate natural state as a place whereon wild fowl and other wild game will be allowed to congregate on this land as a natural area. It is my hope and expectation that the MINNESOTA CHAPTER of THE NATURE CONSERVANCY, INC, shall maintain and operate this property on an admissions basis or by other proper and suitable method, if compatible with the stated use, whereby sufficient revenue will be obtained for the conduct of a game refuge area. If the devise and bequest under this Paragraph A u.' ARTICLE FOUR set forth above to MINNESOTA CHAPTER of THE NATURE CONSERVANCY, INC., a cha: itable corporation, is not acceptable to it, then I give, devise and bequeath said property to HENNEPIN COUNTY PARK RESERVE DISTRICT upon the same terms and conditions as set forth herein - above. If the devise and bequest to HENNEPIN COUNTY PARI{ RESERVE DISTRICT is not acceptable to it, then I direct my executors to cause a charitable corporation to be organized, with a perpetual charter, to receive the devise and bequest under this Paragraph A of ARTICLE FOUR, upon the same terms and for the same pui poses a:; set forth hereinabove, said corporation to be known as "NOERENBF:RG NATURE AREA, INCORPORATED or other suitable name incorporating the words "NOERENBERG NATURE AREA, and such corporation shall be authorized by its articles and by --laws to receive said devise and bequest and administer the same as a nature area in the same general manner as provided above in this Paragraph A of ARTICLE POUR, for the use of the public under such rules and regulations as said charitable corporation shall prescribe, for public purposes. B. I give, devise avid bequeath all the residue of my personal property and LL.1 of my real estate in Section 9, Township 117, Mange 23, Hennepin County, Minnesota, South of the center line of County Road No. 51 and located adjacent to and along Crystal Bay, Lake Minnetonka, to IIENNEPIN COUNTY PARK RESERVE DISTRICT, absolutely, as a special gift and bequest to be known as "Noerenberg Memorial County Park Gift, " for the purpose of establishing a memorial park in memory of my father, 'Fredc _ C. Noerenberg, and my mother, Johanna Noerenberg, to be known as "Noerenberg Memorial County Park, " pursuant to the provisions of Chapter 512 of the Laws of Minnesota for the year 1961 and other applicable laws of the State of Minnesota coveri, ; the establishment of public parks. Said land shall be operated and devoted to Fublic park purposes as an arboretum for flowers,. shrubs and trees, with suitable pathway , and decorative features. I direct that the said HENNEPIN COUNTY PA11K RESERVE DISTRICT, in utilizing this Crystal Bay area for general display garden purposes, use the earnings of the funds which are given herein to the District for the purpose of maintenance of that area. This indication as to use shall not imply any authority whatsoever in the District to use the land for picnic purposes, for camping, for boat or water craft launching, or for any uses incompatible with that of a general display garden area.. I request that RAY F O1:DE, if living at the time of my death, be employed as superintendent of this garden area on Crystal Bay. I request that the IIENNEPIN COUNTTY PARK RESERVE DISTRICT plant evergreens and other suitable shrubs indigenous to our climate in that area of the property described under this Paragraph B of ARTICLE FOUR which is South of County Highway I and East of the present dwelling house and extending East from the house as far as the line of the Webster property on the East of this land. It is my hope that the District will thereby improve aad beautify the area for Lne purposes above stated. I direct that my executors shall Dave the dwelling; house on said land demolished as soon after my death as possible, and have erected on the site where the dwelling stood a suitable arbor of modest design, wherein or whereon a plaque shall be placed which shall be engraved with the following sentiment: "Noerenberg Memorial County Park Is Dedicated to the Use of the Public in Memory of the Frederick and Johanna Noerenberg Family Who Once Lived Here. " If the devise and bequest as set forth under this Paragraph B c' ARTICLE FOUR is not acceptable to said HEIN1"EPIN COUNTY PARK RESERVE DISTRICT, then I direct that my executors shall cause a charitable corporation to be organized with a perpetual charter, to receive this devise and bequest. Such corporation shall be named "NOER9NBERG MEMORIAL PARK, INCORPORATED, " or a suitable name incorporating the words "NOERENBERG MEMORIAL PARK, " and shall be authorized by its articles of incorporation and by-laws to receive said residue of my estate, real and personal, and administer the same for public park and recreational purposes in the same general manner as yet forth under this Paragraph B, all to the end that the public shall be entitled to use said land freely for the purpose i indicated ribov e. ARTICLE FIVE I nominate ART11OR IIARTERT and HENRY W. HAVERSTOCK as executors of this my will. I request that none of my executors be required to furnish bond as executor ill excess of the sum of Twenty-five -5- 'i hOUSand Dollars ($25, 000. 00). If either of the persons named as executor be deceased or be unable for other reasori to serve as an executor, then the remaining executor shall act as sole executor, subject to the qualification that if said HENRY W. HAVERSTOCK be unable to serve, then LARRY R. IIENNEXIAN, in the first instance, or some other member of the firm of Cant, Haverstock, Gray, Plant & Mooty shall be - ppointed as executor in place and instead of said HENRY W. HAVERSTOCK. IN TESTIMONY WHEREOF, I have on this J day of March, 1970, hereunto set my hand and seal. The foregoing instrument, consisting of six (6) pages of typewritten matter, was on this day of March, 1970, signed at the end thereof and on the margin of the first five (5) pages of typewriting by the above named LOR.A N. HOPPE. in the presence of us and each of us, and the same was by her declared and published as her will in the presence of us and each of us, and at her request and in her presence and in the presence of each other we have this day hereunto subscribed our names as attesting witness iereto. IL L�..� ���LS.ilf tCC 't Residingat Residing at �%:• ;:,_J . / `;/, . :7�.•_ Residing at -6- GRAY, PLANT, MOOTY, 1\400TY & BE-NNE-17 NOV 13 1984 A /AOt NCII&NI► INCLUDING 0IIO.[&.IOr AL ASSOCIATION& ..oao • cA«• D. •,.r•ni »trw.. r..l •.toe. n••..r•.•I Ir Yt•roar• e••rct .... rr• ,• . r•• IUY(, r00••. r00•• . •a rrt t•, • •. r •.w. arr a .••• rrcr•ra • .......... .•.w. r .a.r.,Je. w•[r[ . e•a• J..w . r00•• .YO.(. C •faOfr r{a Vlr • rOOt• •rt»..D . rp0•l,J•- •V••[l\ r •t YratT J.r[a 1 VYO[ C arrlOr .. •C•w0CDC• ••f •«(r J •w•Olw t0—:0 J Cw\Vr.w. Je Jar•.(• J •[•l• J.r(•.IrOr.OY .•utt •.J•(• erC r•.D r •\Irt �. .r\a rnr ( •raa rOr rr(rwat • •.ratrr.w JOr• J.rl. cuw•n a •o•nu»e aw% . «o••ow •,i r.•O • 00.... JOrr O w•»•rt ..act a 41—II-Co e..ro • .u.. It&ra•lr .awr e•.re . .•.+(•. Jw J.YY . O.OVCw Jer« l e•O.[• O.rr. t. Go.. "I rl•taa CIO— C C... rOr.6 0..au• a.ro.l• • .w•w.or re..• J ... Jorw ...r,la rt• . ro a+w teat C. r tal• Jo-Y r .rcroa e•rr[. • .raaY.• Mr. Richard G. Gray, Chairman Noerenberg Memorial Advisory Committee 2500 Shadywood Road P.O. Box 90 Navarre, Minnesota Dear Dick: LAW OFPICES 3400 CITY CENTER THIRTY-THREE SOVIfI SIXTH STREET MINWEAPOLIS• MNNESOTA 55402 TCLEPHONE 612.343-2900 TELF.COPIER 612 • 333.0066 TWX 910.576-2776 1650 UNITED BANK TOu'I:R 3300 NORTH CENTRAL AWNUE PHOF.NIX,ARiZONA 85012 TELEPHONE 602 • M-696: REPLY TO MINNEAPOLIS OFF'ICLS DIRECT DIAL (612) 343-2848 Sr. County Park 55392 November 9, 1984 p•vr. w r00•• lOrnrO • tOww•, l•. •row.l . •oJa[ ro.. «o • rt •• wg01 •or•fa. D C . •rf•.. .r\al.r O •ta.w ..rl• r wOat .. •wpw[r • .• . J..0 • uu •trT • r Y.rYa •V&.r \ •f4.\ Or [OVr.al JOrw a •w[rr w0•[•• t. »[at.re O•Vr J • rp •O.l •• • .•lrr •wl [ ••Arat• o.vro r co•rr ••l •raw • [,.[ __ Y rc r.ta c [tor o..re C •..a• •..•... ► .ata r.r •w.tl • .O••t A Cl•yt yw.IIN N Y.•••n.v I wanted to write an additional letter to my last letter of November 8 to try to answer the questions you have raised in your letter of November 7. FirSL of all, now that I see your stationery, I would feel even more strongly that you have e,n excellent committee. I had that feeling before, but I di' It realize there were so many outstanding people on it. Seconcaly, you are correct that the North property is clearly for the purpose of a game refuge and should be developed as such. Mrs. Hoppe had no objection to using revenues for "condo-- ting a game refuge", but I am not. ex :tly sure what is included in conducting a game refuge area. I would think it would be reason- able to provide feeding stations for wild fowl and other wild game. I would think that if it is indicated by conservationists, it would be appropriate to fence the area to protect the wild game nests from certain kind of predators. I would think that it would not include extensive construction of buildings for artifi- cial breeding of game or wild fowl. While this is done in certain Mr. Richard G. Gray, S- Page Two November 9, 1984 parts of the country, I have the impression that this portion of her Will reft-red to "approximate natural state". To me an approximate natural state does not mean that turn it into a hiqh-producing game farm. Question 2 - You are correct that only earnings of the funds can be used. In my mind, this means thatno principal can be used. Question 3 - No, there are no restrictions on whe: the funds can r)e invested. That is in the discretion of th nnepin County Park Reserve District. Therefore, they cou-:d, for ex_,,ple, invest in high -yield items to make as much income as possible. They could also invest in low income yield items, ,although T would not see much purpose in doing that since you can't s;:_nd principal. In any event, that is a decision that would be up to them. The instrument intentionally doe,not put limitations on how that is accomplished. Question 4 - Can the earnings be useu only for "mainten- ance", cr can some sort of improver t3 tine done other than mainten- ance? In .•y mind, thf- earnings only can be use., for maintenance and no principal may be used for maintenance. l.o-..z:�ver, I think that if there i at might be termed excess earnings, meaninr, more funds ava_.aole than are c.rrently being used for the project, `he - would be nothing wrong under the Will 1, making modest improve- hie'.- that carry out her intent. As I said in my last letter, I chink the addition of walking paths or modest :mproveme,its that woi.i.d improve the quiet enjoyment of the place would be in order. Tha: would include signs, for Example, or labeling of different ':'ont' or bushes so the p�jblic could be educated thereby. Question 5 - Can a boat dock be installed on the shoreline to be used by visitors r-ming by boat, but not launching boats? In rr,y mind, the answer o this one is clearly "no". The reason being thin was discusser'. with Mrs. Poppe, a--3 she felt, as did we, that it would be impossible to enforce it in the senFe that you wouldn't know which people were coming to use it for the intended purpose and which people were .,jming just to have a place to land and have a picnic, or a beer party, or whatever. Mrs. Hoppe was very anxious that the general ch.iracl:.er of the area not be :-hanged, and she was particularly sensitiv,- the views of Mr. 6 MrE. Leonard Carpenter, her neighbors. also had conservation ideas similar to Mrs. Hoppe. i remember pointinq out to her specifically that unless she wanted to have the Part, Reserve District pay for a full time watchman, or other enforcement procedures, it would be very difficult to have a dock or bouy area that would accommodate true nature lovers coming to the park, as distinquished from people who wanted to come there ft,r an all-night party, or worse. Mr. Richard Page Three November 9, G. Gray, Sr. 1984 Question 6 - The Will of garden that the Park Reserve It could be a winter garden or tion of both or several gardens. on this subject. certainly contemplated any type District might want to put in. a summer garden or some combina- I feel the Will is quite open Question 7 - The Will did not contemplate --hat additional gifts would be solicited or accepted for the property. While tuition could be charged on the Noith part, she did not contemplate any cellars being publicly raised. The reason being that she felt that with acceptance of such dollars, would come a change in the general character of the neighborhood. Ohe did not want to do anything that would cause undue traffic, either by water or by land. She didn't even want the parking lot to be a problem for the neighbors. It would be my opinion that the use of outside money would be a mistake. The program would have to comply with ie terms of her Will, but I don't think it would make it a better place. I hope the abo••3 is helpf-,jl to you and yojr committee. Very best perfonc-1 regards, Russell M. Bennett RMB. mp N O v - 91984 GRAY, PLANT, N100T`I•, MOUTY K BI-- \-tiErr pit; na , I4""a • o•e/MLee«....C1YP Je .0100190,110rM •11,00ut.0"s .• a `• ••• LAW OFFICES _._.t.ro. • e•••cr .••.ra• .. ..o..• • ...-. ..tor+ e.r.ct o w.., .a•r., too••. teen • •a.....,. . 3400 CITY CENTER o...o ..00 r ae.w., ,•. , •.r...r o ••.• .••c r.s- • curr.ro... ••c •••• . .•r•a •. _t _ •.•t. • ••oo•a ... r w... . •u r., �•. suet+c . e•l. THIRTY-THREE SOL-f}i SIXTH STREET eto•aa . •o�.t .o..ro •••rt•• •o-+. ••ee.. •re•t. c otaoar ••o•.o.eaf• o...o a •urrtw.• ra\.•+ • .ee•• .•c..•o . «oo•a.u• MINNEAPO:AS, MWNESOTA 55402 � `\'•- �••a + •.ewc. u.I' •• woaala r etrrc•. e.••.o. • ac..etoa. I•rt• . a.rea .•...tI ..r•ea. TEL[PHONE 612.343-2800 ..•.•. "r•o+ —t a ,.rt• • •... ae..wo C.......... -It. I • •t•t. •�•.. . u e•. er eour•ta rf• o. s.re..•e. .•ucc ..uea• TELECOPMR 612.333.0080 .o... .wa rr •o •a •. . «r\u.a •.c .•we r •ur•.. wna.•r a . auor 71VX 910.576-2778 w..+ + r.•. •.•re -• .t o we•f •. . ••t•+ r.•.r..... of .c. r e.a.. w.\•.•+ c w..• a •ow•. wo ♦orw .. r't• a..r.•a... re..o+ •••r•.r .•+ +t t •.•a a. ..c...e • •o.... Corr o ws.•.t D•.•O . co•.t ...cc a .►.s Q o..•o ..na• 1650 UNITED BANK TOWLI? •'c..c. • t• �. e na.er .•.aor o...o . e.•.to.+• 3300 NORTH CENTRAL AVENVI* - V c• uo+r a ewoucr er+ c ••w a• o •..I* o...e .. ecr.t•+ .a.. r ra•..a PHOENIX. ARIZONA 6501: •f•e• • ...t. . •rw..« •y.....•N to... a c... 6.ar. ..r o.t• • ••.r w+ •re«.• e••V YO •tor.• . TC4C�NOvL !0I • Sn-ltO fli lNf. . M:.,er .e•t.. t « e•re .. Y.M• ... ....w .. Y..•.• .. r.....w ,,orr . r•c. res • .00a uo... a•+ rota r r ,a. •orr r ..c ro.• •.w•..• • •a....r . e•r.t\ • •rVlr•+ •+•\.•• •Or. Yr pw•.. Y. •..••• .n m•.rN•. REPLY TO MINNEAPOLIS OFFICES DIRECT DIAL ( 612) 343-2848 November 8, 1984 Noerenberg Memorial Park Advisory Committee Fresh Water Biological Institute Box 90 Navarre, Minnesota 55392 Attention: Dick Gray TO WHOM IT MAY CONCERN: Our law office represented Mrs. Hoppe during her life time and Henry Haverstock of this office had occasion to draw her Will which established the Noerenberg Memorial Park. It is m� opinion that the will speaks for itself and that the language contained therein is very specific as to what Mrs. Hoppe wanted and what she did not want. On several occasions she and Mr. Haverstock invited me into their joint presence to understand the general outline of her estate plan. I recall tha she was very adament that she did not want any overnight campi. , picnicers, boa_ launchings or anything tl,t would cause a large amount of traffic, either by water nr by road. She did not want docks or bouy anchorage or any kind of activity that would put a strain on her concept of a quiet, contemplative nature -oriented "quiet place". She was interested in trees, shrubs and flowers. She wzs not interested in loud noises, rock concerts, picnicers whe left debree and maintenance problems or people whose primary interest was using the lake or using boat -type facilities. She wanted it to be a place for people who appreciated birds and flowe and quiet. areas. '•',ale this idea may seem unique in this day and age, nevertheles_ that is what she wanted and she was very firm about it. Page Two November 8, 1984 She left the resi6u of her estate to the Hennepin County Park Reserve District as an endowment to finance the maintenance of her grounds and to remove the existing structure. When she said "earnings", she meant exactly that, i.e., that the earnings, meaning the interest and income cff of the endowment, could be used to maintain the area. This would include, in my view, main- tenance of existing structures other than the house such as the gazeLo. But it would not include invadi,g principal for permanent improvements. If there is excess income, it could certainly be used for creating paths, quiet areas, new planting, etc., and preventive -type maintenance on existing shrubbery, flowers and trees. From what little I know of it, it sounds like your Advisory Committee Task Force is a well -diversified community group of good citizens. Its input should be very helpful to the Park Reserve District in fulfilling Mrs. Hoppe's wishes. Very ltruly yours, Russell M. Bennett RMB/mp MINUTES OF THE: PLANNING COMMISSION MELTING HELD MAY 19, 1986 ZONING AMENDMENT/#1017 NELSON continued 4. No on -site commercial signage or 1 i ght-ing sha l allowed. `_i. Staff to clean-up language to meet code requirements. G . As proposed. 7. All Berl & Breakfast guest use activities must be located 50' from adjacent lot lines. 8. As proposed. 9. Addition of requiring a site plan for landscaping and all improvements. 1.0. a) No additional home occupation - accessory use b) As proposed. c) Animal units must be owned by resident owner only Motion, Ayes 4, Nays 2. McDonald and Callahan voted nay stating that they were not in favor of Bed & Breakfast use in a residential area in Orono. B) Conditional Use Permit for Bed & Breakfast Use No one was present from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Taylor, to table this matter pending Council action on the proposed Zoning Amendment. Motion, Ayes 6, Nays 0. #1020 SUBURBAN HENNEPIN REGIO1":L PARR DISTRICT 2865 NORTH SHORE DRIVE CONDITIONAL USE PERMIT CONTINUED PtikT•IC HEARING Present from the Sukurban Hennepin Regional Pazk District were Commissioner Bill Boynton, Marty Jessen, Bob Wicklund, Neil Weber, and Deborah Bartels. It was noted that Diann Goetten and Park Commission Chairman Barb Peterson were present, both served on the County Park committee involved in planning of Noerenberg Park. Goetten noted that as a member of the County Park committee, that a great deal of effort and planning was done to come up with the proposed plan and comply with the intent of the will. Assistant Zoning Adminis`rator Gaffron reviewed the land use issues in which the Planninq Commission is to deal with as follows: 3 MINUTES OF THL PLANNING COMMISSION MELTING HELD 14AY 19, 1986 / #1020 SUBURBAN HENNEPIN PARK DISTRICT continued Hardcover_ 0-75' - p) oposed 3.5% (trail, existing gazebo & pumphouse) less limestone paths if found to be permeable - proposed hardcover 1.7% - 0% allowed 75-250' (south side of 51) - proposed 4.1% (steps, trails, momorial arbor, portion of parking lot) - 25% allowed 250-500' - proposed 16% (visitor center & parking lot) - allowed 30% Planning Commission felt comfortable with the proposed hardcover. Drainage Assistant Zoning Administrator Gaffron reviewed the proposed grading and stated that the City Engineer finds no major problems. It was r ted that all drainage will go into the wetland and that no fill will be removed or brought in to site. Planning Commission found no problems with drainage. Parking Parking on south side of Cty. Rd. 51 - proposed blacktop parking lot for 50 cars. Taylor stated that he felt that the suggested need to increase the size of the lot. was a byproduct ofi intensification of use. Goetten stated that the existing parking area is not adequate and intensification was not an issue when planning. Mr. Wicklund stated that - the plan was just to improve the existing lot. George Grooms, 3065 North Shore Drive, stated that he has never seen more than 30 cars, mostly during weddings at the park. Jim Mitchell., 2865 North Shore Drive, concurred with Mr. Grooms' statement. intensification & Wedding Issue McDonald indicated that she felt the welding issue was a commercial use. 4 MINUTES OF THE PLANNING COMMISSION MEETING HELD MAY 19, 1986 #1020 SUBURBAN HENNEPIN PARK DISTRICT continued Taylor stated that the wedding use should be addressed as opposed to the general public's appreciation and enjoyment of the park. He felt the increased size of parking lot was to accomodate the weddings. Goetten stated that the committee did address weddings as a use, but the proposed improved parking area was because of the general daily use. Chairman Kelley questioned whether the wedding use, which seems to be rising, would interfere with the general use of the public. Mr. Wicklund stated that the park is not exclusively reserved for a wedding, the public is still able to enjoy the park. Deborah Bartels stated that they project 25,000 visitors per year in 2-3 years in comparison to the present 8,400 annual visitors. Goetten stated that the committee felt that the 25,00.0 visitor estimate was high and would be more in line with 12,000 visitors per year. Planning Commission majority agreed that the intent of the proposal was a significant intensification and again questioned the intent of the will. Mr. Jessen stated that the extent of development of <,Tardens is up to the discretion of the Park District except for the things specifically prohibited in the will. In reference to the north side, he stated that there will be no changes other than a trail and a small • ' . gravel parking lot. Jack Swenson, 3020 North Shore Drive, stated that he is concerned about opening an access on the north side. Goetten addressed the intent and reed for a visitor renter being a place for workers and a central location for +:ducating the visitors. She noted that they hoped the building would be used during the winter months also. Duane Brodersen, 3625 North Shore Drive, stated that he felt the weddings during prime -time would discourage people from the intended use and creates a negative aspect and intrusion. MINUTES OF THE PLANNING COMMISSION MEETING HELD MAY 19, 1986 IIpZp .UBURBAN IIENNEPI14 PARK DISTRICT continued Neil Webber stated that the educational aspect of the park is very critical because this particular park is a very unique situation and the public should be made aware of it. IIe stated that their concerns also include density and that the 25,000 annual visitor number is not a "goal" just a potential number. It was moved by Callahan, seconded by McDonald, recommend to reject the proposal specifically in connection with the concept of the visitor center and parking lot. Motion, Ayes 4, Nays 2. Goetten and Bellows voted nay. #1022 CHARLES A. 605 PARK LANE VARIANCE - SECOND SCHALL REVIEW Charles and Marilyn Schall were present for this matter along with their contractor, Marty Bethke. Assistant 'Zoning Administrator Gaffron noted that the applicant and neighbor were not able to reach a compromising solution. He explained the proposed plan which consisted of an entry addition and a garage with a second story storage room area. The garage addition is proposed at 7.7' from side setback, 3.5' from street setback, and proposed at 20' in height (30' allowed). He noted that hardcover trade-offs would create a sma11 F decrease in existing hardcover. Stan & Betty Rudd, 601 Park Lane, were present for this matter. Mr. Rudd stated that they were agreeable to a; garage addition 15' in height. lie submitted photos. Mr. Bethke stated that an addition at 15' height would create an unusable space above garage. It was noted in Assistant 'Zoning Administrator Gaffron's memo that Chief Kilbo felt that the proposed access to garage is no more nsafe than the existing situation. Bellows stated that she felt some of the hardcover proposed to be removed for trade-off should be krNpt for back-up apron to provide safety. Mr. 5chall stated that the proposed room above garage addition will be uses as a second bedroo because the existing house is only 1-1/2 bedroorls. 6 J UN 9 -1996 To: Orono Council Members From: Michael P. Gaffron, Assistant Zoning Administrat� r � ',J Date: June 5, 1986 Subject: #1022, Charles A. Schall, 605 Park Lane - variance - Resolution List cif Exhibits A- Final Proposal As Recommended For Approval by Planning Commission B- Planning Commission Minutes 5/1111,-�6 C- Planning Commission Minutes 4/21/86 D- Memo to Planning Commission Dated 5/lb/u6 E- Memo & Exhibits to Planning Commission Dated 4/16/86 Please review the memos, exhibits, and minutes attached. Biiefly, the applicants wish to replace their existing 1-car end - loading garage with a 2-car side -loading garage with a room above it to be used as a second bedroom and for storage space. They al wish to construct a new entryway on the south side of the house. During the Planning Commission review of the application, the neighbor to the immediate north objected to the height of the proposed addition because it would limit sunlight to their deck above the garage, and would create a "closed -in" feeling. A review of the neighbors deck area by staff could not substantiate that sunlight would be screened by the addition, although staff did recognize that the addition will change the perceived "openness" of the neighboring property. The applicants and neighbors spent a month reviewing possible revisions of the proposal which would be acceptable to both parties. No compromise was reached. Planning Commission at their 5/19/86 meeting acted upon the original applications voting 4-2 to approve the original garage proposal as submitted, with a revised entry plan moving it further west to avoid the existing well, with concurrent removal of the front sidewalk and lakeshore yard rockbed hardcover, but allowing them to maintain the entire existing dri eway hardcover as a backup apron. Zoning File #1022 June 5, 1986 Page 2 of 2 To sumarize the variances requested: Additional Existing Proposed 1) 0-75' 167.5 s.f. - Hardcover or 4.1% 2) 75-250' 2220 s.f. 430 s.f. Hardcover or 48.8% or 9.5% 3) Right. Side Setback: Required = 10' Ioposed = 7.7' variance = 2.3' or 23% 4) Street Setback: Required = 35' Proposeu' = 3.5' (existing = 1.71) Variance = 31.5' or 90% Removals Final Proposed Hardcover 65 s.f. or 102.5 s.f. 1.6% or 2.5% (net reduction) 274 s.f. 2376 s.f. 6.0,b or 52.2% (3.4% increase) A reso-_tion reflecting the Planning Commission recommendation is attached for your review. Staff would strongly recommend inclusion of the condition that this and future additions above the garage may be no higher than that proposed at this time, given that side setback requirements and the height limitations are provided in the Zoning Code to preserve the amount of light, air, and open space in a neighborhood, and a side setback variance is being granted. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE. SECTIONS 10.22, SUBDIVISION 2 AND 10.24, SUBDIVISION 5 FILE #1022 WHEREAS, Charles A. Schall. (hereinafter "the applicant") is the owner of the property located at 605 Park Lane within the City of Orono (hereinafter "City") and legally described as follows: Lot 15, Block 6, Minnetonka Summit Park, fiennepin County, Minnesota, except that part of said lot lyinr. South of a line drawn parallel with and distant 55 feet. Southerly of the North line of said lot; (hereinafter "the property">- and WHEREAS, the applicant has applied to the City for a variance to Municipal 'Zoning Code Section 10.22, Subdivision 2 to increase hardcover in the 75-250' lakeshore setback zone from 48.8% to 52.2% where cnly 25% hardcov r is normally allowed, and a variance to Section 10.24, Subdi•:i.s.ion 5 (B) to allow construction of a side - loading attached garage which will be located 7.7 feet frc;m the side lot line where a 10 foot set-ack normally required, and located 3.5 feet from the street lot line ere a 35 foot setback is normally required. NOW, TE.EREFORE, BE IT RESOLVED by the City Council of Orono, ,.innesota FINDINGS 1. This application was reviewed as Zoning File #1022. 2. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 19, 1986, and recommended approval of the proposed variance based upon the fol.lowirg findings: A) The proposed side -loading garage is poten• ally safer than the existing end -loading garage, althouyii this is a very low -traffic. street. B) The proposed garage will provide a greater setback from the street than the existing garage. Page 1 of 5 C) There is no other location on the property in which to construct a 2-car garage due to the required 10 foot separation between structures and the close proximity of the house to the south, which is only 0.5 feet from the lot line. D) The Orono Zoning* Code grants no specific view or sun- light rights to the neighboring property owners as regards the street yard of their property. E) The 2nd-story room over the garage is reasonable considering the small size of the lot, and is preferable to a horizontal expansion of the house which would create additional hardcover. F) The applicant has rit-ised the entryway proposal to meet the wel' setback requirements. G) For safety purposes it is real fable to allow the applicant to keep the entire existing paved parking apron in order to provide a backup area to avoid backing out into the street. H) No other land is available for ap, ...ant to purchase in order to make his property more conforming. I) There is existing hardcover in the 0-75' and 75-250' setback zones which can be removed to partially offset the proposed additional hardcover. ecz.use one of the general purposes of sideyard setback and requirements in the Zoning Code is to maximize the amount c, n space, air, and sunlight in a neighborhood, it is al. iate to restrict the height of this garage addition, given ht -.setback variance allowed. 5. The City Council has considered this application includin the findings and recommendations of the Planning Commissic;: report by City staff, comments by the applicant and comments; 1 the put Lic, and the effect of the proposed variance on the health, safety and welfare of the community. 6. The City Council finds that the conditions existing .in thiec property are peculiar to it and Oo not apply generally to other proper—, in this zoning district; tt.c granting the variance would not at rsely affect traffic conditions, light, air nor pose a fire 1 r.ard or other danger to neighboring property; would not merely serve as a convenience to the applicai—, 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 Cit3. Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Co n cil hereby grants a variance to the Municipal Zoning Code Sec ..on 10.22, Subdivision? 2 to increase hardcover in the 75-250' 'Lakeshore setback zone from 48.8% to 52.2% where only 25% hardcover is normally allowed, and a variance to Section 10.24, Subdivision 5 (B) to allow construction of side -loading attached garage which will be located 7.7 feet from the side 1--t lir e where a 10 toot setback is normally required, and locate 3.5 feet from the s'--eet lot 'ne where a 35 foot setback is normally required, subject to :.ne following condP ions: 1. This approval is granted only for the garage/upper room addition proposed at this time, with roof peak approximately 3 feet below the peak of the existing -ocf of the house. Extention of the garage/upper room peak height above that ght approved with this application is prohibited. 2. Prior to fina.L inspection and o..cupancy of the proposed additions, applicant shall remove the following items of existing hardcover: Front Sidewalk - 69 s.f. Portion of Existing Dr' vc. ay Pavenr t - 49 s.f. Plastic Under Rock Beds in Lakeshore Yard - 221 E.f.. 3. The hardcover on the property is limited as follows: 0-75' setback zone: Haruc 'er may not exceed 102.5 s.f. or 2.5% 75-250' setback zone: Hardcover i limited to ` fo1iowiric; .iterns - HouL,� With Garage and Entryway (with short sidewalk) Driveway and Bac Aup Aaron Sidewalk Deck- 1,450 s.F. 599 s.f. 217 s.f. _.10 s.f. ------------ ?,37' s.f. or 52.2% 1pplicant is advised that any future development of the property which will create additional hardcover will not be approved, and might be approved only with concurrent remivals of exis ng hardcover resulting in no r^r increase of hardcover. Page ;s of 5 4. Nuti,orities granted i.. - s .riance run with the property not wir.h the applicant, :.-uc are �)ermiss;.ve only and must be exerr:ised by application for a building perm4' within one year of tr,_ date €-4 Council approval, or thi.� sari ce will expire on that date (June 9, 1987). S. V:io' dtion of or lion-compl= :ncc- with any of "he terms and conditions of this variance shall-stitute a violation of t'ie zond ng code, shall. automatically te.,minate any authority granted herein, ar,,: shall be punishable as a misdemeanor. 6. The un,!u.- c;igned applicant has read, understood and hereby agrees 4-c the terms of this resolution and on behalf of himself, his heirs, successors and .ssigns, hereby agrees to the ,recording of this resolution in thy. chain of title of the property. Ad- -ted by the Orono City Counc,.l on tiiis 9th day of June, 1986. ATTEST: Do, y M, Hal :n, City Clerk Mary C. V.,cler, Mayor Pr,-, Ow r Patje 4 " 5 `e -S \ Co qo s L7 %OvpUCANT 4'7- r? N ca 4W F y Al -$ C. e,x . A 'c9 ?o.�: r mil• i ��• A Loke AIM ntfcnk,2 14 bi>/'nw s �w p # lik- U -e D a Ve � MINUTES OF THE PLANNING COMMISSION MF.ETINC HELD MAY 19, 1986 #1020 SUBURBAN HENNEPIN PARK DISTRICT continued Neil weber stated that the educational aspect of the park is eery critical because this particular park is a very unique situation and the public should be made aware of it. He stated that their concerns also include density and that the 25,000 annual visitor number is not a "gDal" just a potential number. It was moved oy Callahan, seconded by McDonald, recommend to reject the proposal spe:.:ifically in connecti 1 with the concept of the visitor center and parking lot. Motion, Ayes 4, Nays 2. Goetten and --4-�-- Be-1 oted nay. #1022 C&�tRLBS A. SCHALL 605 PARR LANE VARIANCE - SECOND REVIEW Charles_aifd Marilyn Schall were present for this matter _ along with their contractor, Marty Bethke. Assistant Toning Administrator Gaff ron noted that the applicant and neighbor were not able to reach a compromising solution. He explained the proposed plan which consisted of ari entry additio:i and a garage with a second story storage room; area.. the garage addition is proposed at 7.7' from side setback, 3.5' from :street setback, and proposed at 2(" 4n height (30' allowed). He noted that hardcover trade-offs woulc: create a small decrease in exi .ting hardcover. Stan & Betty Rudd, 601 Park Lane,. were present for this matter. Mr. Rudd stated that they wlr r.e agreeable to a g.-ii Age 4ddition 15' in height. He submitted photos. Mr. Bethke stated that an addition at 15' heiq_ht wol..1d crea*e an unusable space above garage. It w.: noted in Asslstan' '.ing Administrator Gaffron's memo that Chief Kilbo fe.' that the proposeu access to -lrage is no more unsaf(: .,an the existi.nq situation. Bel ? ws stated that s;'i.i! felt some of the hardcover -c used to be remov`d for trade-off should be kept for ba, -up apron to provide safety. Mr. 6chall stat,�d than t,ie r!r-)posed room above garage addition will be used is r. s ,cond bedroom because' the existing house is only .l i :edroons. 11 MINUTES OF THE PLANNING COW41SSION MEETING HELD MAY 19, 1986 #1022 SCHALL continued It was moved by Callahan, seconded by McDonald, to recommend approval of the proposed plan with the back-up apron hardcover to remain. Motion, Ayes 4, Nays 2. Bellows and Kelley voted nay. Bellows stated that she recognizes the hardship but felt the applicant bought in to the situation and that the area is already very much overbuilt. 41023 ROLLA M. MARTIN 2675 SHADYWOOD ROAD VARIANCES PUBLIC HEARING 10:15 - 10:19 The Affidavit of Publication and Certificate of Mailing was noted. Rolla and Nancy Martin were present for this matter. Assistant Zoning Administrator Gaffron explained the the request for a hardcover variance to construct a bedroom addition in the 75-250' area which would increase the hardcover from 26.8% to 27.1%, nc h- -dcover trade-off is proposed. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by McDonald, to recommend approval as proposed. Motion, Ayes 6, Nays 0. #1025 EDWARD P. HENRICH 4115 HIGHWOOD ROAD VARIANCES PUBLIC HEARING 7:41 - 7:42 The Affidavit of Publication and Certificate of Mailing was noted. No one was present from the public regarding this matter and the public hearing was closed. Edward and Phyllis Henrich were present and requested that this application be tabled. It was moved by Chairman Kelley, seconded by McDcaald to table this matter at this time. Motion, Ayes 6, Nays 0. #1027 PHILLtP PILLSBURI 1200 BRACKETTS POINT ROAD VARIANCES PUBLIC: HEARING 10:20 - 10:35 The Affidavit of Publication and Certificate of It ing aas no`( MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 21, 1986 #1021 JAN & NORA ACKERBERG 4075 HIGHNOOD ROAD VARIANCES PUBLIC HEARING 12:32 - 12:35 A.M. The Affidavit of Publication and Certificate of Mailing was noted. Nora Ackerberg was present for this matter. Assistant Zoning Administrator Gaffron explained the request to add hardcover with concurr,.:>nt hardcover removal all within the 75-250' setback zones. No one was Present from the public regarding this matte and the public hearing was closed. Chairman Kelley stated he found no prob: e:n with this request, and felt that he would rather grant the additional hardcover (gravel over plastic) near the house so no basement water problems would result. It was moved by Chairman Kelley, seconded by F.ovegno, to recommend approval of the hardcover variance increase of approximately 150 s.f. Motion, Ayes 5, Nays 0. <;02;;2"S �A. SCHALL 605 -PARK LANE VARIAHCB PUBLIC HEARING 12:35 - 1:01 A.M. The Affidavit of Publication and Certificate of Mailing was noted. Mr. & Mrs. Charles Schall were present for this matter along with their builder, Marty Bethke. Assistant Zoning Administrator Gaffron explained the request for hardcover and setback variances to construct a new attached garage, 2nd story room and entryway. The proposed 22'x22' garage will be 7.7' from the north lot line, and about 3.5' from the street. Existing hardcover in the 75-250' zone is 48.8% and would increase 8.5% with the proposed addition, however with the potential of 9.0% in hardcover removals there would be a net decrease in overall hardcover. He pointed out the areas in which coul.0 be removed as hardcover. Bellows stated because of the concurrent hardcc,!er removal that hardcover is not a major issue. She stated that she felt the access to the garage as proposed would be extremely difficult. In addition, shz� felt there was no hardship involved in needing the second story room above the garage which would affect. the adjacent n-ighbor by shading their deck. 16 MINUTES OF THE. PLANNING COMMISSION MEETING HELD APRIL 21, 1981, #'1022 SCHALL continued Mr. Schall stated that there are similar situated garages in that area that seem to have no problem with access. Taylor also expressed the lack of hardship involved in needing the second story room. Mr. SCILall sated that they need the extra room for storage basically because there is no roam on the lot for a storage shed. Marty Bethke stated that the extra room above the garage i.e. extra neight is mainly for roof line aesthetics to the house. He noted ghat it is not a full story, it would only be 3' higher on the outside. Rovegno asked Zoning Administrator Mabusth if the applicant already had the garage, would there be a variance involved to au,-' a second story. Zoning Administrator Mabusth stated that they would issue a building permit and she woulc, have to consult with the City Attorney to see if they could legally place a condition rest.rictinq them from adding a second story. Stan & Bette Rudd, 601 Park Lane (adjacent property owner on both sides c_ applicant), were present for this matter. Mrs. Rudd stated thai: them were not opposed to the garage addition, but feel ,that the second story would spoil the value of their house and would take away the little sunlight they have for their deck and totally block their view„ She stated that the house is too bin a house fo:- the lit. Mr. Rudd stated he felt they would be a potenti� fire hazard involve because of the closeness of the houses. There were no other comments from the public and the public hearing was closed. Because of the neighbors rightsi and opposition to the second story proposal, it was moved by Bellows, seconded by Chairman Kelley, to table this matter for the applicant and neighbor to try and work out a sol l2tion. Motion, Ayer, 5, Nays 0. APPROVAL OF MINUTES It was moved by Taylor, seconded by Bellows, to approve the Minutes of the March 17, 1986 Planning Commission meeting as submi'-ted. Motion, Ayes 6, Nays 0. TO: Planning Commission FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: May 16, 1986 SUBJ: #1022 Charles A. Schail, 605 Park Lane - Variance - Second Review NOTE: Please refer to your April 21 packet material for this item. Planning Commission tabled this item to allow applicants and ighbors to consider a compromise to the height and extent of the second floor room/storage addition over the proposed garage. Staff met with the affected parties on Wednesday, May 14, and no conclusions were reached, although additional alternatives were discussed. A solution might be worked out in time for the May 19 meeting. Any information submitted to staff Monday will be delivered to you at the meeting. A review of the site, and walking on the neighbor's deck, indicates Lo me that the neighbors concerns are mainly esthetic, i.e. they wil 1 feel "penned in" if a vt- hi--ti addition is constructed; they will lose view of the lai.e t�:.d of Park Lane although this view is minimal now; and there is a potential for midwinter partial loss of sunshine to the deck if the existing roof line of S&-ills home is continued. To: Planning Commission From: Michael P. Gaffron, Assistant Zoning Administrator Date: April, 16, 1_,'6 Subject: #1022, Charles A. Schall, 605 Park Lane - Variance - Public Hearing ZONING DISTRICT- LR-1B APPLICATION- Hardcover and setback variances to construct a :.2%.., attached garage, 2nd s�_ory room and entryway. LIST OF EXHIBITS A- Application B- Plat Map C- Property Owners List D- Elevations, Layout of Building E- Proposed Additions (Survey) F- Existinq Hardcover (Surrey) G- Hardcover Proposed Additions and Potential Removals H- Hardcover Calculations Existing Hardcover 0-75'=4% (No changes proposed) Existing Hardcover 75-250'=48.8% Proposed Additional -250' Hardcover = 8.6% Potential 75-250' HarGt.;OVer Removals =..).02 (Potential Slight Net Decrease in overall Hardcover) This is a 0.19 acre lakeshore property with a small existing house and attached 1-car garage exiting directly to the street. The existing garage is 1.7 feet from the right-of-way of Park Lane. There also is an adjacent parking apron on the south side of the garage. Because f the small lot area and the existing sidewalks, deck, paved areas, rock beds with plastic, e'._., the hardcover on this property is quite extensive. T. existing house is 3.6' from the north 1ot line, and about 10-12 from the neighboring house. Applicant is requesting to add a 22'x22' attacned c arage on +-tie street side of the house, loading from the south side, plus a 5'xl.6' entryway on the south side of the house. The new garage is proposed to include a 2nd story room, and wi 11 be 7.7' from the north lot line, and about 3.5' from 'the street, both technically requiring setback variances. Applicant has not specified which (if any) items of existing hardcover will be removed; however, I have reviewed the existing hardcover and find that there are substantial areas that can potentially be removed in order to offset the increases. This 's, of course, an item for Planning Commission to discuss with the applicant. FURTHER ITEMS FOR DISCUSSION: 1 ;) Is the property 1-irge enough to -i' stifv vai iances for a major new MEMO #1022 Charles A. Sc2,alj April 16, 1986 Page 2 of 2 structural addition? How wi1.1 the 2-story garage addition affect neighboring properties? 2) Note that while this is a very low t.-affic area, the side -loading garage will make egrec-- frcm the property easier, but what about ma;-i.ng the sharp U-turn into a south facing garage? 3) The 51x16' entryway as proposed will be only 1' away from the well. State Vaal Code requires a 3' setback `rom well to structures or overhangs for maintenance purposes. Staff would not recommend a variance to this requi--rrent. without specific approval from the Minnesota Health DeparLi„ent Inspec�'or. Perhaps the entry can be redesigned. In making a recommendation to the Council on this request, consider the above information and consider whether there are demonstrated hrirdships justifying the granting of the requested variances. CITY OF �� ONO - VARIANCE A, `I,ICATIO �--:- _ Initial Application Fee $150.00 ($50.00 per each additional -iriance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) ------------------------------------ - -- -- -- -- - ------- PROPERTY LOCATIOV Site r a -ess (oOS r�AP-06- `..d M w A Property Identification Number (P.I.D. ) Or.-117-23 'J1 Ooc(� Please check one -- Is the property ,/abstract or torrens? Please attach legal description to application if net included on required survey. APPLICAN% Name �f� ,er £S d �!y�} LCr Phone !t L - �W-0 Mailing Address -------------------------------------------------------------------- ---- OWNER Name SEE '.9,13a ✓E Phone Mailirg Address Date Property Acquired s- zl: (wonth/y ' ) I EW (do not) 'so own the adjacent parcels of land. ---------------------------------------------------------------------------- PRESENT' USE OF PROPERTY Present Zoning Di str- .-t Present Use of Prupttty Residential ether (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $_,4vgd Describe request n detail: Q , .71 xLo VARIANCES [tEQUiIRED Lot Ared Lot Width V Hardcover Setback Variances ( Front Side Rear; Other ------------------------- (OVER) HARDSHIP Describe undue hardship or practi enforcement of aone�nq regulations: 1 difficulty resulting from strict 1 ;. -,-PTION OF PROPERTY •CONDITIONS Describe unus4 -)r.operty conditions preventing compliance with Zoning Code Requirements: rs,.a. dA:Mr-� REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners withi; ' 50' (you can obtain this list from Hennepin County Department of Finance A-60.) Government Center 348-3271) 3. Stamped, legal sized envelopes (A10) pre -addressed to each of the names on t' above list with no return address. 4. . rti'.. ,ate of survey includi 4 hardcover calculati-nz; a.: - -uired. 5. Plat Map. Th : Applicant and Property C ...r sign this application. Please remember hat your variance applicatic;, ;s not -in. --te if the above information has not .,een included. APPLICANT'S SIGNATURE The applicant hercoy agree: :.o . vi .a all irf, mation re -lured or reques' !•-1 by the Zoning Admini r.'_rater, agre s t.o pa•, alp. fees and/or unusual expenses .incurred in revi . w of th' application, ar.d c`;-t if ies that the information supplie.. i. -rue and corre^•t to the be! of his/her knowledge. � rjt Applicant's si5 ature , .�d-.--- Date 3-30-kr- OWNERS SIGNATURE Tha owner hereby acknowledges ai gree to t:>;.-- applicat-on and furtner authorizes reasonable entry onto ten: prcerty by City staff, consu' Rnts, agents, commission members, and Co-, -,c4 ' members for purpo. f investiga4 i in and verificat: n of /�/�s re .,eat. 9 Owner's signature ,�1-�d _ Date 3'>=_:�6 -------------------- Applicant i..ast have all ju`imit'als into +. a+ City off.i--s 25 day,- oefor. = Plannirq Commission Meet nq . rlanning Cc-trni ss ; c,n M 7eti n are held on th, Monday of each mirth. LAKESHORE SETBACK ZONE 0-75' 75-250' 250-500' 500-1000' Directions: A. Existing lot area in zone sf Sei HA-AbCOUt`�< ORONO HARDCOVER CALCULATION WORKSHEET B. rxistinq hardcover in zone s f. C. Existing D. Proposed E. Proposed hardcover hardcover hardcover percentage percentage HBI.A) x 100) in zone ( (D?A) x 100) v — _ L s f i 0 it t/i s f j; Z s f -; 3 yr, : v/ to s f sf sf %o sf zo �j sf sf sf F. Allowed hardcover percentage_ 0 ',!, 3f. --- 35 A. Existing Lot Area in Zone - includes the total square footage of dry buildable land within the specified zone. B. Existing Hardcover in Zone - includes the square footage of exi-ting roofs, decks, sidewalks, driveways (gravel or paved) and other rain -impervious surfaces ithin the specified zone. C. Existing Hardcover Percentage - divide the number in B by t:,,> -imber in A and multiply by 101. D. Proposed Hardcover in Zone - includes the existing hardcover .'us all proposed additional hardcover. E. Proposed hardcover Percentages - divide the number in D by the number in A and multiply by F. Allowed Hardcover Percentages - if the percentages in colu^tn 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 existing nardcover matches the additional hardcover proposed, resulting in no net increase of hardcover in a specified zone, variance may not be necessary. ja 1 6 ■' i L N 4 APR CITY C, �! I ' • 'J x r� � rO . fin: � ��' •ya �ia ,� • r L�V� i l • r RUN DATE 04/01/86 r BATCH 007 33 06-117-Z3 41 0001 PROP AA / M NAME C;:�vER NAME STANLEY H RUDD ETAL TAXPAYER STANLEY H PUDD t.'AME:'ADOR 601 PARK LANE LONG LAYF MN 55356 38 06-117-23 41 0047 PROP ADOR 00583 PARK LA OWNER NAME THOMAS C JETZER TAXPAYER THOMAS C JETZER NAME/ADDP. 583 PARK LANE LONG LAKE HN 55356 38 06-117-23 41 0050 PROP ADOR 00607 PARK LA / C'.":ER NAPE BETTE DAE RUDD V// TAXPAYER STANLEY H RUDD KAME/ADDR 601 PARK LANE LONG LAKE MN 55356 38 06-117-23 41 0036 MOP ADDR O0584 PARK LA C'.0iER N4ME STATE LAND DEPT T-'.-:PAYER STATE LAND DEPT NAME/ACDR CC!lVEYAN`lE PENDING 38 06-117-23 44 0015 PROP ADCR CLZNER NAME T BPADLEY HAYS ET AL TAXPAYER T BRAOLEY 3 PATRICIA HAYS LAME/ACDR 680 MINNETONKA HIGHLAND LA LONG LAKE HN 55356 HEFJNEPIr4 COU4TY PROPERTY INFORMATION SYSTEM PPCPERTY DWlNEPS LIST 38 06-117-Z3 41 0045 00567 PARK LA AUDREY 0VEPOY AUDP.EY O! EPCi 567 PARK LANE LONG LAKE MH 55356 38 06-117-23 41 0048 00601 PARK LA STANLEY H RUDD ETAL ✓ STANLEY H PUDD 601 PAFK LANE LO'4G LAKE MN 55356 39 06-117-23 41 0084 00594 PARK LA HUMAN LAUE E WIFE LAUE HERMAN 594 PARK LANE LONG LAKE MN 55356 38 06-117-23 44 0005 00649 MINNETONK A HGLD LA JAMES P HENNINGER ETAL JAMES P HENNIN'ER 649 MIHNETOt«!A H.'.LtlDS LONS LAKE MN 55356 TOTAL BATCH 007 00013 PEPORT HO. PI435401 PAGE 12 34. 06-117-23 41 0046 00577 PARK LA GOPOON D FOSTER JR GORDON 0 FOSTER JP 577 PARK LANE LONG LAKE MN 55756 38 06-177-23 41 0049 00605 PARK LA CHARLES A SCHALL R WIFE CNAP.LES A SCHALL 605 PARK LANE LONZ LAKE MH 55356 38 06-117-23 41 0085 00584 PARK LA STATE LAND DEPT STATE LAND DEPT CONVEYANCE PEtZDING 38 06-117-^,3 44 C014 00630 PARK LA / H d M VOGT V/ HAROLD G VOGT 630 PARK LA14E LONG LASE HN 55356 UTY G� �� :.-r E'L E vat. l a iJ NLL-) n'\P.1N FL0oR iN-r�-� n�D f .NT c�c smar) 4- ice D I- QK Q�� L,.► G T t--v" 'C ss.Rv� c� LNTRANCi. t 31 I� V A IV r 440s7 Cin QY Qa o t, L- 1 7:1 r_ � p r F •' n�, 1,T'Ll ?, NEW Cs po ry 0 &A,Tie y G tJ :• ���� �.; �, t r` ,� , � !,^PO ' rc-P)f v.•,-I,r .tom ors 1-c>CArr7Cf6 ,C�117.71 �={.i,,� . oli - • -4 t � % � tI.l. ;v ^,c t> C.)CL-L • , ATr �Opll PIC ell lip i t ' 34.0' t /gyp S 7 • A41- � tj N 1 ••��•. 11 � � •, i •,, '^'+�� j tom• . �o Ts" ,c 1 1 No ra j 92 86' i L .. G, tti.• . t �A r f1. f s 37'f h� t�����i off► � r.ra b: • IJ, .!""""+-,-.. �+. •f' ' , 11. s � �' .. � o. Or r. h ®l 'CO 11 i z Rm Ip/+,e K LAN r Rom- G ,� �PcesrrG it ` � CO�• S $ � , � " /. � °/ v / in �I ,otCovF i� �� Ga�GF �.�Z , 3 x 2►. G. � = Z�.lp TO j 1) E cry. C 3 KZc,.}+•CYOe $� _ / / o "z C.('*,eCam" - NFT ,gib©T�L s Z$o AJ e T tt j AIP-D C.Iavt wC /V T Iub 7e�N 4 t.. r rnt t D = s e3o S :�' . = �ir S. `► �s l L4 �s /4 t� n I T/GIN 4- L O s-.� - �130 ; 4' = 4Q • IS • I I TICV A S 94—SYu V A4445- 8 . FAo 3 r Z3 = !o9 Z C. • e,-,e "S'i //N G. A oe V rvb,- 'H &OL"Oej X I 1 S , r. 4"b GoN lr% - J rew,-S ►eEwLbVA B L� C w*-oc*Z W e4*r T'i G = Ce S s :7". 0 MACKINNON, STANOKE & GREENE, LTD. LAW OFFICES 1 771 7 HIGHWAY 7 MINNETONKA. MINNESOTA 55345 .1AME6 ❑ MACKINNON COUNCIL MEETING ROBERTA STANOKE MARK E GREENE JUN g OANIEL8GREENSTLIN June 9 t986 [)Es1P ERIC C OAMME' 1 I / E L FP.+ •1 -1221 C!'Y OF ORM, Mayor and Council Members City of Orono Crystal Bay, MN 55323 Re: Application #1022 Charles A. Schall This letter is to request that _ou table your action on the above matter until your next meeting. Betty Rudd contacted me on Friday, June 6, 1986 to ask me to investigate the situation and advise her regarding Ler legal rights. She did so believing that final action would be on June 16, 1986. I v old appreciate this short extension of time so that I can do t work necessary to adequately represent the interests of my client. very trul yours, MACKINNO , STANDKE & REENE, LTD. James--'D. MacKinnon JDM/VB JUN 9 -1986 TO: Orono City Council y� FROM: Michael P. Gaffron GiT OfC QRVNO DATE: June 2, 1986 SOBJ: #1023 Rolla & Nancy Martin, 2675 Shadywood Road - Variance - Resolution Please refer to Planning Commission memo and exhibits of 5/14/86 (attached) Applicants are requesting hardcover variance to increase hardcover slightly in the 75-250' zone. Planning Commission recommended 6-0 to approve with no trade-off required, at their 5/19/86 meeting. A resolution reflecting the P1, _ng Commission recommendation is attached for your review. To: Planning Commission Members From: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: May 14, 1986 Subject: #1023 Rolla & Nancy Martin, 2675 Shadwood Road - Variance Zoning District - LR-lB Application - Hardcover variance to construct a bedroom addition List of Exhibits Exhibit A - Application Exhibit. B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Plans, Elevations of Proposed Addition Existing 0-75' Hardcover = 0% Proposed 0-75' Hardcover = 0% Existing 75-250' Hardcover = 26.8% Proposed 75-250' Hardcover = 27.1% The applicants are requesting to construct a small addition which will increase the 75-250' hardcover from 26.8% existing to 27.1% proposed. The existing 0-75' hardcover is 0%. The hard- cover on the property is mainly in the form of house, driveway and concrete patio areas with decks over. The requested increase is fairly minor, only 90 square feet or 0.3%. Although no trade- off is proposed, if a trade-off were required, the most likely area would be to remove a 6.5' x 14' section of the asphalt backup apron. Staff recommends approval of the variance as proposed. CITY OF ORONO - VARIANCE APPLICATION—— - Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) PROPERTY LOCATION Site Address S =' - Property Identification Number (P.I.D. ) 2Hr7-23 Please check one -- Is the property abstract or torrens? Please attach legal description to application if not included on required survey. -------------------------------------------------------------------------- APPLICANT Name J�cf � N 4- /i I uLq iJ f,',,T I N Phone (o /z 41 2 l D 73 L Mailing Address „? C 75s !1 H!'Y 1(,e4d — Name C :� Phone� -__ wC 7 3 Mailing Address Jo�) O yb1ol-It+e_�. /�1 PL WF►pKvu ' Date Property Acquires' �� Z to (month/year ) c7 y I (do) do not) also own the adjacent u�3Ty j parcels of land. OF w�•t+( -------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential per (specify) --------------------------------------- DESCRIPTION OF REQUEST ---------------------------------- Estimated Construction Cost $ c Desribe request in detail: NA.'<4 te, c_T aN A i J AD II^J 16 roc e s -------------------------------------------------------------------------- VARIANCZS RNQUIRED Lot Area I.ot Width �L Hardcover Setback Variances ( Front Side Rear) Other c- 'IV (OVER) i Hl'?t!�HIP •scribe undue hardship or practical diff'culty re4ulti g om s r anforipement .of zoning regulat?itns: - i �, 1� L,,.xe J1 FZ /�U /' /_" _L"Gt� /i eJ li .t D :./ S /., ,1Jt'� e. DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing 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-603 Government Center 348-3271) 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey 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. -------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to prov the Zoning Administrator, agrees t in review of this application, and'cQ� and correct to the best of hdifU Applicant's signature OWNERS SIGNATURE / all formation required or requested by a e and/or unusual expenses incurred s at information supplied is true w Date 11 The owner hereby acknowledge$ agrc s to this application and further authorizes reasonable entry o h ro erty by City staff, consultants, agents, commission members, ur ,' mbers for purposes of investigation and verification of this /. G F4— Owner's signature ` Date '% � --------------------------- --- -------------------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. 25 2-4 b AA c fit I -IV 41 22 4j. A G�jlp a•� _ f � CS Or 20 IA T. 17 16 15 114 22 let Part of Lot 13 . A 20 act, 19 (14) S 4co 5 N my 29 15 N 12 500 N.!for dood of so* f fear$ -4r*. j�s _ j` R-L-S'G. MINSETONKA PUN DATE 08/27/85 ATCH 004 S8 21-117-23 23 0019 PROP ADDR 02690 PHEASANT PD C1.9:ER NAME A J E S A DALE TAXPAYER ALAN DALE WANE/ADDR 2690 PHEASANT RD EXCELSIOR MN 55331 38 21-117-23 23 0022 PROP ADDR 0:.660 PHEASANT RD C.:NER NAME L R JERPDAK A L M JERPBAK TAXPAYER '-LOYD JERPBl.K/LINDA JERPOAK NA`:E/ADCR 2660 PEASANT RD ORCNO MN 55331 38 21-117-23 24 0046 PROP ADDR 02630 SHAOYWOOD RD 0:=t:rR NAME VERI:CN E TUKUA ETAL TAXPAYER VEPNON E TUX UA NAME/ADDR 268D SHADYWOOD RD EXCELSIOR MH 55331 38 21-117-23 24 0055 PROP ADOR 02693 SHADYWOOD RD OL, .ER NAINE K 0 L P E C14APMAN TAXPAYER E LO::ELL S LOIS ARNESON NAME/;COR 2693 SHADIWOOD RD EXCELSIOR MN 55331 HENNEPIN COUNTY PROPERTY :NF .IATION SYSTEM PROPERTY OWNERS L- 38 21-117-23 23 0020 02680 PHEASANT RD R P DOLLIFF JR ETAL ROGER P DOLLIFF JR 2660 PHEASANT RD EXCELSIOR MN 55331 38 21-117-23 23 0023 OZ655 SEADYWO00 RD R R & P A ELLER RIC4APD A PATRICE ELLER 2655 SHADY WOOD ROAD ORO.10 MN 55331 38 21-117-23 24 0052 01670 MAPLERIDGE LA P i A LITTLE IV PHILIP IV A AMANDA S LITTLE 2670 MAPLE RID-iE .A ORONO MN 55331 38 21-117-23 24 0056 K 0 i P E CHAPMAN KENNETH 0 CHAPMAN 2695 ffAOYUVM ROAD EXC-STOR M 55331 REPORT NO. PI435401 PAGE 10 38 21-117-23 23 0021 02670 FHEASANT RD RAYMOND E JOHNSCH RAYMOND E J01iNSC!1 2670 PHEASANT RD EXCELSIOR MN 55331 38 21-117-23 23 0050 02685 SHADYUCCO PO PAUL T WOBEL ETAL PAUL T WRODEL 2GC5 SHADWOOD PO EXCELSIOR MH 55331 38 21-117-23 24 0053 02675 SHADYWOOD RD PICIiAP.D N BREUSTEDT ETAL RICHUD H BREUSTEDT 2675 SHADYW000 RD EXCELSIOR MH 55331 TOTAL BATCH 004 00011 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AWD TRUE REPRESENTATION OF INFOPMATION AS IT APPEARS TtiIS DATE ON TILE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION) TO THE BEST OF MY KNOWLEDGE AtM BELIEF._ / N % / /;. DA # 1!0 �;3 r-� Certificateof Survey for Rolla Martin f Tract A. Registered Land Survey No. 1453 Hennepin County, Minnesota q• / 75 foof / Sefback lint I � nG ny vattg AP /f B� w / /� a,� r, � �• +ate;. q , \ • h. � �, �A. ?' ✓oat retu;n'no � . �- ;� wank 22' ^V h a7, a X L w c EYisfiq y '♦ � C fiaideo✓cr Zone Aren n`^f 011. O" 0-75 16;?00!1f-'r1 iia. f'KePn:+'L 27% 76W10 .4' 75-7S0 29,/001s�.{> :�Q t�G�TRON f The-c is-vfieni/ 0 srncd wooden s+�%wri/k toe 0 -75jeo1 kone, oerfis go, fo 6e removed 71 I hereby certify that this is a true and correct representation of a survey of the boundaries of Tract A, Registered Land Survey No. 1453, files of Registrar of Titles, County of Hennepin, and of the location of all buildings, if any thereon, and f the proposed location of a proposed tennis court. It does not purport to show any other improve- ments or encroachments. Scale: 1 inch 30 feet Date September 7, 1985 COsFFF_IN & GRU..dERG, INC, o I.on marker Mark S. Gronberg Reg. No. 12755 Gordon R. Coffin Reg. No. 6064 Engineers and Land Surveyors Lcng Lake, Minnesota # 1023 _ � 1 4 7- 4 L.- -777: . ........ OF J-F Zil -j I Rf,4e E r_f: j, fq7, c - i i L f ` -r - - - ---- -- - - '�' � r,�' 1 -� - --�• ____ —a•�-� r�..'_.. .;:.;ram:.. 0 ai.• :'11t, '4LITAll" ! r I cnN� �d•�ctti 5•u' r rtt n c Ott .00 Q'a` � 1 tl 10 C .4 �r1NT �n1 ice) 1 4-- . �e�etcy •�! ,L r, N r, a M \ • .n PT Top , S r T 1 4 �` C h'•� 101 �jT t (r ' atiotJO 'Fftf^ll A,_L #10 3 I � _ I C. t - C' ,s % w I f•.: r Y r A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE #1023 WHEREAS, Rolla and Nancy Martin (hereinafter "the applicants") are the owners of the property located at 2675 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: Tract A, Registered Land Survey No. 1453, files of Registrar of Titles, Hennepin County, Minnesota, (hereinafter "property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a room addition which will increase hard- cover in the 75-250' lakeshore ,.etback zone from 26.8% to 27.1% where a maximum of 25% hardcover is normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zurina File 01,023. 2. The property is located in the LR-lB Single family Lakesaore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 19, 1986, and recommended approval of the proposed variance based upon the following findings: A) Applicant has 0% hardcover in the 0-75' setback zone. B) No existing hardcover on the property is readily available for concurrent removal as a tradeoff. 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 3 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a room addition which will increase hardcover in the 75-250' setback zone from 26.8% to 27.1% where only 25% hardcover is normally allowed, subject to the following conditions: 1. The maximum allowable hardcover on this property is 7,890 square feet or 27.1%. The applicant is advised that any future improvements or the property which would result in additional hardcover will not be approved, and might be approved only with concurrent removals of existing hardcover. 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 9, 1987). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable a misdemeanor. 4. The undersigned applicant has read, understood .nd 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 _esolution in the chain of title of the property. Adopted by thc- Orono City Council on this 9th day of June, •:. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Property Owners Page 2 of 3 0 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 ) On this day of If1986, 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, ind acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLI MY COMMISSION EXPIRES Page 3 of 3 414 f ING To: Mayor Butler JUN 9 - 11186 Mark E. Bernhardson, City Administrator Orono Council Members ITY OF VIR140 Planning Commission Members From: Jeanne A. Mabusth, Zoning Administrator Date: June 5, 1986 Subject: #1027 Mrs. i,hillip Pillsbury, 1200 Bracketts Point Road Variance Zoning District - LR-lA Pertinent Ordinance: Section 10.03, Subdivision 15 (C) (D) Application: a) height variance of 2 1 /2' for section of wall that is adjacent to Bracket;-- Point Road - approximately 100 feet Allowed = 3 1 ?et Proposed = 6 Variance = 2 1/2 feet or 41% List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Picture of Wall Exhibit E - Landscape Plan Exhibit F - Elevation - Southeast Exhibit G - Staff Sketch (Based on existing survey) Review of Application The applicant proposes installation of a 6 foot high "serpentine" brick wall within the street yards adjacent to Bracketts Point Road and County Road 15. The portions of the wall located within the street yard (within 50' of the street lot line) adjacent to Bracketts Point Road is in violation of the height allowance for walls. The section of new stockade fence that will link the wall with existing stockade fence is located in the side yard (beginning at the 50 foot setback line) and is permitted. Zoning File #1027 June 5, 1986 Page 2 of 3 A solid, privacy fence has been located along the yard adjacent to the intersection and County Road for mart' years. If you are familiar with the subject intersection you will realize that there are no visibility or safety concerns. A privacy fence has never existed along the Bracketts Point yard or at least for no more than 40' from the intersection. The architect has advised that the "serpentine like" wall was originally designed and built under the direction of Thomas Jefferson for the University of Virginia campus. It is a unique structure; a structure that any community would welcome because of its beauty and grandeur. Staff has advised the applicant's representative that the location and height of fences and walls on lakeshore properties have become highly charged issues for our City. The architects ask that you consider the uniqueness of the structure and the need to maintain the integrity of the design and to preserve the overall landscape theme for this odd shaped street yard. If you approve this application consider the following findings: 1. The location and height of the fence will create no hazards to safety or sighting problems for users of County Road 15 or Bracketts Point Road. 2. The property is located on a busy curved section of a county road requiring screening from noise and car lights along the minor roadway. 3. A fence in excess of 3 1/2 feet has been located adjacent to the county road and Bracketts Point Road for many years on this property. 4. The structure is unique and to decrease the height or cut back on length would destroy the integrity of the structure. 5. The serpentine wall is unique and would be considered an asset to the community. If you deny this application consider the following findings: 1. To approve a 6 foot high fence along the street yard of a minor roadway would establish a negative precedent with similar reviews. 2. Applicant has not demonstrated sufficient hardship. 3. Natural screening can provide the same effect. Zoning File #1027 June 5, 1986 Page 3 of 3 Additional Comments and Planning Commission Recommendation A motion to approve the height variance failed by a vote of 4 to 2. Members failed to formally vote to deny the Pillsbury application but the intent of the majority wa. clear. The applicant's representatives were well warned that privacy fences and walls are highly sensitive issues - especially for the past year. The majority recommended natural pl,ntings in place of 6 feet high walls. The "bricking in" effect of Lakeshore lots does not meet the intent of the Code or Comprehensive Plan. The miLority confirmed the need to screen the property from noise and lights in consideration of the curve �n County Road 15 as it approaches Bracketts Point Road going eastward. The Pillsbury lot has been defined as a "tight lot" requiring special landscaping and properly placed screening to offset the only location for the house in the lakeshore yard and the unique -ngles of intersecting roadways. The applicant has indeed demonstrated physical hardships. Council Action: To give staff conceptual direction in order to prepare the appropriate resolution for Council action at your next meeting. CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) ---------------------------------------------------------------------------- PROPERTY LOCATION Site Address 1200 6racketts Point Road Property Identification Number (P.I.D. ) 11-117-23-32-0001 Please check Dne - Is the property abstract or r torrens? Please attac.i legal description to application if not included on required survey. APPLICANT Name Mrs. Philip 11. Pillsbury Phone 473-8682 Mailing Address 300 Hest Ferndale Road, Wayzata, Minnesota 55391 ---------------------------------------------------------------------------- OWNER Name Mrs. Philip 11, Pillsbury Phone 473-8682 Mailing Address 300 West Ferndale Road, tdayzata, Minnesota 55391 Date Property Acquired May 1 , 1986 (month/year) I (do) do not) also own the adjacent parcels of land. -------------7==------------------ -- -- - - ------- PRESENT USE OF PROPERTY Present Zoning District LA -I •a ii 7 Present Use of Property Residential _ Residential Other (s: cify) DESCRIPTION OF REQUEST Estimated Construct4.on Cost $ 700,000 Describe request in detail: Height variance for proposed location of screen wall within rear/street/yar3 VARIANC-'S REQUIRED Lot Area Lot Width Hardcover Setback Variances ( Front Side X Rear' Other ---------------------------------------------------------------------------- HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zonin r, ulations: Ileadlinhts and noise from cars and trucks on County Road 1 w��� shine di rec-iT onouse - - - - - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - •- - ---------------- DESCRIPTION OF UNUSUAL PrhvPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: Lot borders on County road 15. Small size of lot restricts ,:fing house in a more favorable oca ion. ---------------------------------------•------------------------------------ REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of cwners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal -31.zed envelop-s (#10) pre -addressed to each of the names on the above list with n( _eturn address. 4. Certificate of survey including hz, ,cover calculations as required. 5. Plat Map. The Applicant and Pro _y Owner must sign this application. "Please remembe- that your variance application is not complete if the above informat-an as not been included. ----------------------- APPLICANT'; SIGNATURE The applicri hereby agrees to provide all information require;l or requeste-? )y h-� Zoning Administrator, agrees to pay all fees anJ/or unusual incurred in review of this application, and certifies that the infor:-:at (tn supplied is true and correct to the best of his/her knowlee7e. Mrs ; I W. Pillsbury Applicant's Signature _ �,ti�_ ___- Date L. OWKER:v SIGNATURE By: Stephen R. Pflaum, Attorney -in -Fact The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry t-nto the property by City staff, consultants, agents, Commission members, and Council me, -s for purposes of investiga- tion and verification of this request. Owner's Signature Date •--------------------------------------------------------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planninq Commission Meetings are held on the third Monday of each month. RUN DATE 04/30/86 BATCH 005 38 11-117-23 23 0003 PROP ADDR 01471 SHORELINE OR C�,NER NAME R H EVANS TAXPAYER R H EVANS 1AME/ADDR 1491 SHORELINE DRIVE WAYZATA MN 55391 38 11-117-23 32 0010 PROP ADDR 01265 BRACKETTS POINT RD 0.^DER NAME MICHAEL E LYN.`i III i WIFE TAXPAYER MICHAEL i JORJA LYNN III NAME/ADDR 1265 ERACKETTS POINT WAYZATA t?l 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 11-117-23 32 0018 Thomas & Ella Crosby -t-)mas & Ella Crosby 20 Bracketts Pcint Rd 4ayzata, MN 55391 38 11-117-23 23 0016 01480 GREEN TREES RD C i PLATOU CARL i SUSAN PLATOU 1480 GREEN TREES RD WAYZATA MN 55391 33 11-117-23 32 OC13 COPII3IE GRIFFITH PILLSBLRIY CORI►.RIE G PILLS311RY 1300 TCF TO,EP h:PLS MN 55402 REPORT NO. P2435401 PACE 9 38 11-117-23 32 0001 01200 BRACKETTS POINT RD CORINNE GRIFFITH PILLSBUPY CORINNE G PILLr,GURY 1300 TCF TOWER MaLS M 554C2 TOTAL BATCH COS 000.^+5 I CERTIFY THAT THE FACTS PEPRSENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFCRMATIO,t AS IT APPEARS THIS DATE CV THE RECORDS OF THE HEl:1IEPIN COU 1TY OErAPThLIJ 'E PROPERTY TAXATI TO Tj BEST OF MY K14OWLEDGE AND BELIEF. DATE �S'y J yVhit - ��I sc� Fti i � � o �s� F9 , qn i � •'' '' n „�N ` Ou in ro 071 IV k O+i M bZ 9S 5 r- J s �► ges doc Coo fit `Q . gins f►/ o 00 r'n r 2 — ^ a L*ZZ ,01.9WON 19419 ) N • xj. 02'7 S . I'm . Jliwl�a�,Yui ' i In I d"fino. w.7•.. ..... rp... „ "+Y+w •1w.lyv Y.1.r pr IOJ .4Pkh.AVd4k '•ti1) .ems.. :we.rnw � + q W-•�.V-ywM . •►w �� , •� irk .�� w ... +•w !.•A '.wig 0-6 •r.. .. wew •..ww e,w,f • 4D.V. ��r �r1.�-wMrMfA tirwr +r • r �crf'M �j Iu �ww .rw 'l..��. •. •. 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M—RT .� `4 LNOSC APE RJW a 3 • ..y 6fr OVALS i U 1 J 341 Wo 7 I 331 ir JQ toe s ei R` \ tip, ; ? ` 357 f Al 33, �t IL e r Z� -' i O �2 L - SO b%-V0r.n%NO'.IS a3s �� L j 1e Maya E -7 i 1 ss; rN F v It, pp' J I r4e 2 ' •v'waG 'T ck Qi� \ 3b 7 Inc V GpS��ct 3A '24 00 a i / I see +, r l S Id7 .f.s ,cEc_' � f G s♦ d � G1 r i p` 3aJ j APPsoK f J � A J `i X - SEprraL Q �� •�o�rao.d 33 J S36 r Q LLB • A"tIC i obiYneo ry i � b M4F n u►: / G �� M +$ 7'_ D 4 N1 � 0 0 ..►, �. i SSS SSb SSS / Vl i N v SS 4 ` x 53 �. 4+� x 33 9 � i l ass r; `J \ {,v.Z i,i 1 3;f / � COUNCIL WETING JUN 9 -1986 To: Orono Council Members 1-f,TY OF Pitt From: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: June 2, 1986 Subject: #1028 Len Bachkes, 2813 Casco Point Road - Variance Resolution See Planning Commission Memo i Exhibits of 5/15/86 (attached) Planning Commission, at their May 19th meeting, recommended 6-0 to approve the variances for hardcover and side setback as presented, finding that: 1. the side setback variance is necessary only for a small portion of the addition because the existing house is not parallel with the side lot line, 2. no hardcover is available for tradeoff. A resolution reflecting the Planning Commission recommendation is attached for your review. To: Planning Commission Members From: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: May 15, 1986 Subject: #1028 Len Bachkes, 2813 Casco Point Road - Variance Zoning District - LR-lC Application - Hardcover and side setback variances to construct addition to home. List of E.chibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Hardcover Review Exhibit F - Floor Plans Exhibit G - Letter to Applicant 4/2.4/86 0-75' Hardcover = Approx. 300 s.f. = 6% (no change proposed) 75-250' Hardcover: Existing = 2,361 s.f. = 26.0% Proposed = 2,696 s.f. = 29.7% (1% = 91 s.f.) The applicants are requesting variances in order to construct an addition to the west side of their home. A hard- cover variance is requested as shown above, and staff notes that there do not appear to be any substantial hardcover items that could be reasonably removed as a tradeoff. Secondly, a side setback variance of 0.5 feet is requested, leaving a 9.5 foot setback (5% variance) on the west side of the house. The hardcover in the 0-75' zone consists of a set of stairs (r,�cessary for lake access with the steep bank) and a small Boathouse. The boathouse is a non -conforming structure and subject to the pertinent ordinances. The neighbor to the west has not made any comments to date regarding this project. Note that the setback variance is for just the northwest corner of the addition. CITY OF ORONO - VARIANCE APPLICATION Wi Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) --------------------------------------------------------------------------- PROPERTY LOCATION Site Address -2 0 k -) �� ��� C�c,,, _T tr*�� (�' c t-�. � 1,L Ss ?5 Property Identification Number (P.I.D. ) 0-117-23 32- o(7( 2 Please check one - Is the property abstract or torrens? Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Name c=' -JL- —Z Phone c1 3 3 - v 7 9 & , Mailing Address 3� v oti, l�-c:,�-�1 c d 4 1 �. c�, S� 3 `4�C - T ----- r r r r r r r r r r r r r r r r r r- r--- r r r- r r r- r r-- r r r r r r- r- r- r--- r r r- r r r r- r--- r- r r r r- OWNER Name t, jmac.. Phone �% �� - tf.27 % Mailing A_ ess .�u ( 3 Ca-� �-c� 9c'---x Z Date Property Acquired (month/year) I (do) do not) als own the adjacent parcels of land. PRESENT USE OF PROPERTY -------------- - --- -- - - llb-- ------�- Present Zcning District �C Present Use of Property 'Residential Other (specify) ---------• ------------------------- ------------------------------------ DESCRIPTIC OF REQUEST Estimated Construction Cost $ S4et.►n Describe request in detail: y�r��oy`�X'��iL�€ .se7r c e W� C/l. ocoC — TZ;) Co- -' 7-R- <. C -T' "Wb1&w4,-Q t T-n- L-,!�tj n/u (1, 4kx-t -------------------------------------- ------------------------------------- VARIAMCES REQUIRED Lot Area Lot Width Setback Variances ( Front Other Hardcover _>c',' Side Rear) HARDSHIP Describe undue hards, p or practical difficulty resulting from strict enforc.-ment of zoning regulations: ----------- --------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing 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 Couity Department of Finance A-603 Gevt Center 348-3271). Z3. 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 hu.dcover calculations as required. 5. -!at 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 applicanthereby agrees to provide all information required cr requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best cf his/her knowledge. Applicant's Signature X ,DWIdERS SIGNATURE Date X The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investiga- tion and verification of this request. Owner's Signature _ Date X _ ------------------------------------------------------------------------------- Applicant must have all submittals into the City offices 25 clays before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. OVE '-**ASTER C _ I i CA5CIL ti FOtNT RQ I �70 • N . to 9 4lf'w, • 1 1 0 p pi • 1 3f ',z'•: Div.):� 31 C, s ., 0 3100 .ej ' 320e �' j• 2000 d �J ay .• . o S �' -0, A,k ,t, a, zop,a .y /VO of S CASCO CIO •s3 Co+ Q" fk 9, prj , `'.3(15) •q /y .%, tii to (�o r ��c! • �29 ���I,if -�z� a `b; 07, 1, 10 '.� Wessell S s f 5 ► _ r AST d9 �,� � , o / � .tsar c��„�t � •�• \l� 3i �,�� ` elk °^ o c • i> ti ..�j' l��v Zp1 ' 3 .3ri51 •Q ` * arL0 r 4 30�%AL �e�!S'11 .. isjp9 �' i ♦ /31' 3�\` .h 2 °t^ o'ei 46� �• . - Ul 92, ro \ ` � �. J 3 -,� �,, " � 9 �•� S . �° k y AGE\ , • . �. . 112_ ;•�.\M Z5 e f ,�°s lam•) 'll)•1e <<�� 4�,F �i�, VQ * '6< �` �• A s, .3Oy ire 111 ` r 4 �... 1 e� •. �5 3! �•:3 �. t 1 •,•�� .fit ^�. - !� 35. A a 4•; Ilia 37 �Ia� • -! t I ' • •►� t �,' .. 8 N2 ' c F i l/ f •.. 101 , i�a • Dt ° r�. � 110 �: � e• � • La S' 10 H . Dom: of�jM _ 10 107 �!7 ( . foe !e 104 �. p 94 APOW e • •�' 9 rF Jam$ �y r i;. � ti0 .� ,B9 1 • , PUN DATE 05/02/1^b r LATCH 009 33 20-117-P3 23 OC:4 Ok PROP ADDR 02801 C..SCO POINT RD 0141ER NAME AUDREY C HUNTER TAXPAYER CHARLES R JUNES NAME/ADDR 28^i CASC,l PT RD r OF '— 55391 Oft 38 L )-117-23 32 0006 PROP ADDR 02824 CASCO POINT PD OW,4ER NAME '+IRT:.y I JOHNSON TA::PATER MIRIAM I JOr,:, ..1 Alft NAME/ADDR 24Z-+ CASCO POI1 7 .AYZATA MN 55391 ,3 20-117-23 32 0011 FROP ADDP )2815 ':ASCO POINT RD O1?1L: F r i C SCANLON *► :AXPAYE ENE A CATHERINE SCANLO' NAME/A, 2815 CASCO POINT ROAD ORONO MN 5 , [91 18 20-117-23 32 0014 PPCP ADOR 0280i CASCO PO!ta. RD /► 01Y''1 NAME R A J MACKENZIE TAa?tYER REED K MACKENZIE !-",ME/ADDR ?807 CASCO PT RD WAYZATA MN 5S391 vow PROP ADDR OL.2+ER NAME TAXPAYE' TO' :- ^H NAME/ADDR !'-NNEPIN COU11TY PROPERTY INFOPMATION SYSTEM PROPERTY OWNERS LIST 38 20-117-23 32 0:04 02818 CASC. )INT RD RCBERT M EMFIELD ;a WIFE DALE R RAASCH 2818 CASCO POINT PD WAYZATA M11 : c ..,; 38 20-117-23 32 0009 02821 CASCO POI:1T RD J A M WOOD JOHN M WOOD "8,1 CASCO POINT RD ORONO MN 5E391 38 Z3 32 0012 0z8:. -SCO POINY RD L L 4 KES LEO.WO i MARY ANN BACHKES 2813 CASCO (JIKT RD WAYZATA MN 55391 38 20-1.:-23 32 0015 0^805 CASCO POINT RD R; d H FROMMELT A WIFE ROt.ER H FRS"MELT 2805 CASC( RD WAYZATA M4 -�r'9j FPORT NO. GI43S401 PAGE 18 38 20-117-23 32 0005 02818 CASCO POINT PD Rr•- EMFIEID i WIFE I- ?AASCH . CASCO POINT RD WAYZATA 124 557�?I 38 20-1`_'-23 32 0010 028'7 CASCO POINT RD M S STROM ETAL W S ERICKLEY 4 C M BRICKLEf 2817 CASCO PT RD WAYZATA MN 55.:,1 38 20.117-23 32 0013 02811 CASr.O POINT RD GWENDOLYN C ROSS GWEN L P^SS 2811 CA`i0 F,INT RD WAYZAT.. MN 5°391 38 20-117 ' s2 0016 02800 CASCO POINT RD P FOX - ! 4ERFURTH REAL EST THOMAS B KING 2800 CASCO P'1INT ROAD WAYZATA "41 i91 Certificate of Survey for Leonard P. Bachkes of Lot 121, Spring Park Hennepin County, Minnesota I hereby certify that th1. Is true and correct repres^nta an of t ez uV of thr ! boundaries of Lot 121 in Spri+ k and all the unplatL•ad lanc_, and tl.. rtir-. of Lake Shore Avenue vacated lying br`•aeen lot 121 of Spring Park, and the sip_ ',rez of said lot projected to Lake Minnet xa, according to plat thereof on f-le or ,r record in the or ice of the Register of Deeds in and fo• 3id County and of the loc- ation of all buildings thereon. It. noes not purport to Show other im^m ^went:: ,r ^ncroachm-nts. GORDON R. COFFIN CO., INC. Mark S. Gronberg f:_g. No. 12755 Gordon: R. Coff' Heg. No. 6064 EngirTers Land Surveyor s Long Lake, Minnesota Scale: 1 inch = 40 feet Date Au,gv,t 11, 1984 o Troy: Barker jW t 610 ' � 1 J _61TY OF ORONC r �r �.t marl P. as"Kpa tier, +;:in cc%ity, "Vr.ne .:ert'_ f, , hat thin i, t r-r* . cprenart.%t' :n Gf• 3 3ta 4. c,• F.s of .s'. 121 :n .Erin.; ;urplatt•-� :a:iC, art: t r •. f*%orc vacated :y: ° . Spring ►ark, and the t,. ::aid i-rt pro4ect•ed tj L_,ire III—, z �dintt to the ;.�.s. :here--f or. • r— )rd in the c-f' 1"-e o!' the ve!s '.n and for said .-,unty.ar..: _ - at.:0' -i all hVi)- "CJ th-t'Eon. n*,t purport t . Troy ether encroactmwAts . -;';Kxjti rt. :Of FIN CO., '1t. Mark Z. .:^cot-.rg Neg. Gordon A. Cu*fin fits. *o. £�;t Eng' e3 and Lana SurvAfe'r Long Ka, r.nrernta Seale: 1 inch = 47 feet Cat a Aggunt 13, 1984 3 Iron •,arker w . P r ..ta iav, •,:fftle�:•• f jo: vim. ;1dry -:� t'ti21 :s S[D/ • �a % J ? Yet. L J L'sir ' 1cio . ./ AL < < I =751 f' "Y Lut r.s z rt 110 E3 "751 75-- act -#,Ae17Cou�e HARDCOVER CALCULATIONS 2813 Casco Point Road 0-75' Hardcover Existing = 300 s.f. or 6%, no changes proposed 75-250' hardcover Existing: House 22.3 x 44.4 = 990 4 x 8 deck/cover = 32 Sidewalk 3 x 77 = 231 Playhouse 4 x 6 = 24 Garage 20.2 x 20.2 = 408 6 x 10.1 = 61 Gravel 17 x 15 - 425 (Driveway + Parking) 20 x 6.5 = 130 Plastic near House 3 x 20 +/- 60 ------------ TOTAL 2,361 s.f. 75-250' Lot Area = 168 x 54 = 9,072 s.f. 2,361/9,072 = 26.0% 25% Allowed Proposed Addition: (32 x 8) + (12.4 x 8) = 256 + 99 = 355 s.f. Remove +/- 20 sf. PIis-ic - 20 s.f. Existing Hardcover +2,361 s.f. Proposed Addition + 355 s.f. ------------- 2,696 s.f. 2,696/9,072 = i9.7% I v W-1 A-U IA I IAXW)� 1�0 eozo ;Pl fdor F-W, NI M>-nwlC, 44005XI-, Q let 14CW—N PINNe", ROOM V4 __ 44 ►• - us�v vi• �1h r .1 '�'1'eG F - �,t $"— '�'�1> r I1'� y ���.,. -71 i lz Q I� � � I }' iF � !i�(�ET �,.�Y.L1►�--'--w!=c+R�'� 1$.1t,— ^ i� Z Q i i aC6 !/60 I � � ! 1 � i ; �� tT � ; I � ; , I ,,�I��;i �, � ; � c�iiv w ,y�I,,,, �+ �►•+�r•1 ' ; �Z EPJ j � • I G�ugs fio�RLLL I •;ult� g� __ ,_ _ _ -- � G ' , w MLV41 ,' I c�at�►t, `�k try cone* VV �1. ,i1� �lt�'U•<. �LtArt�if'MJ I�` %�w.^wbc-.•�w,:sat. c. _d4]!� ` �� n`►Z ' i;�le(L:s F F : E�hk�;<.• Z� 21+e ;r / �.+rrsiA&"TO kILAQ I- 4 m� t 7 '• ` /Wri1t�M f 4 ?X4cT+tir 7'CIM ^SZ5'rFb./'QFJ► �i7'Y RAL nfor� ..' y►,cP,HT /It;2rZ,nc:c_P.l!,,, ,, ti_f.=A-n4iSPLIW ^.y •JJ �DiNN.G i p" ssrcwss:T - 1-yI"i�7Y@ WOWS +V r'r — I i�XS Fes.='PaSa> QrzmoLt�-"Ke, �3y l�-#J � NTs'Q'r ..At► J %A644 i %Ac NiCE< J �� �/4 4 h.f 4 -ez77 4*F 991— 2C.eo CITY of 0R0N0 PL— Ake ix,x 66•Crysuil Bay, Minnesoui ;j:,;1 3eMunicipa' i "fixes On the .North Sho, of Lake frfinnetorka April 24. 1986 Mr. Len Bachkes 2813 Casco Point Raod Wayzata, MN 55391 RE: Proposed Ad,3ition Dear Mr. Bachkes: We received an application for y-ur proposed addition on 4-18-C6. The application is incomplete in as muci, -is hardcover calculations were not submitted. On 4-24-86 I made a site inspection of the property to review the hardcover. Based on my notes (attached) the existing hardcover in the 75-250' setback z-ne is at 26.0% where only 25% is allowed, and with the addition will increase to 29.7%. In order to construct the addition, yoc will have to be granted a variance icy the City Council. Your other alte..iative is to remove an amount of existing hardcover so that you don't exceed the 25% li::;it, i.e. you would have to end up with no more than 2268 square feet of hardcover in the 75-250' zone. The other concern I have is that your survey does not define the side setback on the west side of the house. It shows the fence pretty much on the line, and in the field I measured 17'8" from the existing house to the fence, just a few inches short but nevertheless less t.,an the 16, required to put in an 8' addition. Yo-r surveyor wi12. have to stake the lot line at that point so the setback can be verified. Please contact me as soon as possible t,_ discuss this and determine how you wish to proceed. Time is of the essence if you want to apply for a variance. I would need the application Ly ,.00n, Tuesday. April 29, in order to schedule a pub? is hearing for the May 19 Pianrni.ig Commission meeting. You would have final decl s4.-)n from the City Council no sooner than June 9. Sincere Michael P. Gaf on Assis}ink Zoning Admi tra+or encl: V4riance Application cc: Richard Rindahl Triple R Construction 3708 Tonkawood Road M.nnetonka, MN 55345 hw(:A JoNING A + t� , s ADMINISIR4 ION! FINANCF - 473-731;8 • N HLICWORKS - 4731359 V,\1 SSIN(i COFFIN & I-RONBERG, INC. SURVEYING, E141001W 10 AND LAND PLANNING 462-A TAMARACK AVENUE LONG LAKE, MINN. 66366 •73.4141 5-'14-b.-, Mr, Mike Gaffron City of Orono P.O. Box 65 Crysta' Bay, MN 55233 Dear Mike: Mrs. Leonard Bachkes requested that we figure distances from t'-' rthwest corner of the: house and a proposed.-iorthwest corner of an addit ;o the westerly property line. We have computed the northwest house corner to be 17.4 feet from the westerly line as mea, d at right angles, and the northwest corner of an 8 foot wide addition to L. 9.5 fe,`. s measu-ed at right angles to said westerly line of the lot. Sincerely, COFFIN b GRONBERG, INC. Mark S. Gren erg, P.E, 8, L.S. :c: Mrs. ec nard Bachkes z, r I ` NAY I E Iq A RESOLUTION GRxtNTING A VARIANCE. TO MUNi:IPAL ZONING Cr )r: SEC" - `N 10.27, SUBr ,SIGN 2 AND SEC', iN 10.2 , F' ,1VISION 6 (13 ) FI1 ? J" WHEREAS, Len Rate'^'- :hereinafter "the applicant") is the owner of the property loc 2813 Casco Point Road vithin the City of '-ono (hereinafter "C�ty legally described as follows: Lot 121, Spring Park: He...aepin Cou, y; Minrie-,ota, and all the unpl__ted land and that part of Lake Shcre Avenue vacated lying between the side lines of said lot projected to 'ake t,innetonka according to the plat thereof on file or of recoi- in the office cf the Registrar of Deeds in and for said County, (hereinafter "toe property"); and WHEREAS, the applicant has applied o t s City for a v- -iance L.- Municipal Zoning Code Sect ',)n 10.22, Subdivision 2 t< _it the .;.nst_L_;tiorn of an addition wnich will increase hardccve.1 rom 26.0% to 29.7% in the 75-250' setback zone where `v 25% hard- cover is normally allowed; and a variance to 10.25, Subdi%.ksion 6 (B) in order to construct the additions within 9.5 feet of the sip:- lut line wher+. a 10 foo -..tb.k is normally required. Mi nnes(. La : NOW, THEREFORE, BE I r RESOLVED by ": _ City Council of Orono, F. :.INGS 1. This application aas re,. we3 % Zoning Fi: #1028. 2. The property s located in the LR-lC Single Family Lakeshore Residential ZDnii. ; Distri^.t. The Orono Planning Commiss- eviewed this applica4 . on on May 19, 1986, and recommended al of the proposed v" r . = nce based upon the fol icwing f indin. I,) The side setb-c variance '.5' 1 necessary only foil 4ma11 portion of the addition ausf the house side .14ne of the existing house is not parAllet with the lot lii. B) No items of existing : zdcover r � readily F^esible for removal as a hardco% .r t ra�ieof f . of 4 4. The City Council has considered this application including the findings and rep mmendations 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 n(,y. pose a fire hazard or other danger -o 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 Comprehnnsi.ve Plan of the City. CONCLUSIONS, ORVIR AND CONDITIONS Based upon the above findi.gs, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.25, Subdivision 6 (B) to permit the construction of an addition which will increase hardcover in the 75- 250' setback zone from 26.0% to 29.7% where only 25% hardcover is normally allowed and which will be constructed 9.id feet from the side lot line where a 1.0 foot setback is normally requAr.ed, subject to the following conditi_o 1. The :nydcover on this property in the 75-250' setback zone shall not exceed 2,696 s.f. or 29.7%, and the applicant is placed on notice that any future improvements to the property which constitute additional hardcover will not be approved, and might be approved only with concurrent removals of existing hardcover.. 2. Applicant is advised that the boa )kse structure at the lakeshcre is a non -conforming structuc, I is subject to the pertinent ordinances. Applicant is furt1ci advised that the existing hardcover in the 0-75' setback zone is about 300 sr, are feet or 6%, and no additional structures or hardcover are all..4ed in the 0•-75' setback zone without approval of the City Council. 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. within one year of the date of Council. approval, or this variance will expire on that date (June 9, 1987). Page 2 of 4 41 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant nas 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 9th day of June, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Property Owners Page 3 of 4 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On t h i s _ _ _ d a y of +, 19 R 6 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 h(-� (they) executed the sane as his (their) free act and deed. NOTARY PUBLIC MY C'-'.% ylISSION 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)�descri.bed in and who executed the foregoinginstrument, and acknowledged that lie (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 FEETING J UN To: Orono Council Members � OsF From: Michael P. Gaffron, Assistant Planning & 'Zoning Administrator Date: June 2, 1986 Subject: #1029 I.eo Clifford, 4760 North Shore Drive - Variance Renewal - Resolution Please refer to the Planning Commission Menu and Exhibits of May 12, 1986 (attached). Applicants are requesting renewal. of lot area/lot width variances granted in 1984 per Resolution No. 1698. There are no changes from the original application. The original approval expired on 11/13/85 because the applicants did not apply for a building permit within the one year time limit allowed. Planning Commission reviewed this application on May 19, 1986, and recommended approval, 6-0, finding that the findings of fact and conditions of Resolution 1698 are still appropriate. A resolution of approval is attached for your review. To: Planning Commission Members &rom: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: 12., 1986 Subject: #.Lu2: ) Clifford, 4760 North Shore Drive - Variance Renewal Zoning District - LR-lB Application - Renewal of lot area/lot width variances to build on 0.39 acre lot. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Council Resolution No. 1698 Exhibit F - Letter to Applicant 11/25/85 Exhibit G - Staff Memo of 11/2/84 Exhibit Fi - Planning Commission Minutes of 10/22/84 This is a request to renew lot area and lot width variances for this 0.39 acre property. The memo of 1.1/2/84 (Exhibit G) and Resolution No. 1698 (Exhibit E) detail the previous Planning Commission and Council action regarding this property. The original variance approval expired at the end of one year on November 13, 1985. Staff would recommend approval per the previous findings as follows: 1. No other adjacent land is available to be combined with the pfoperty. 2. Sewer is available and the property has been assessed for footage and one sewer unit. 3. This lot is consistent with the existing development pattern of the neighborhood. 4. There appear to be no other alternative uses of the property. 5. The building envelope for this lot with standard setbacks of the LR-1B zoning district is sufficient to develop a residence and the ordinary driveways and appurtenant improvements while still meeting hardcover rf-qui rement.s. CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $15040'($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) --------------------------------------------------------------------------- PROPERTY LOCATION Site Address _T % rr Property Identification Number (P.I.D. Please check one - Is the property /"abstract or *orrens? Please attach legal description to application if not included on required survey. APPLICANT ------------------------- - --- - - - - ---- — w Name �"� , .1( hone % Mailing Address % �, _�+ ,� ;�_:,,;`'_ -.. �.1• 1.L�L _,?�,Ty ------------------------------------------------------------------------ OWNER j _ Name ) i . _ _ � ;.- � �- � f • � -ti,-� Phone Mailing Address Date Property Acquired (; 7 (month/year) I (do) t(do not also own the adjacent parcels of land. - ---------------- -------------------------------------------------------- --- PRESEtI'!' USE OF PROPERTY Present Zoning District �. Present L-, of Property 1,--- Residential other (specify) --------------------------------------------------------------------------- DF.SCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: �rs�._'.S�t �,�-�.___e1- w=AA --_------------------------------------------------------------------------ VARIANCES REQUIRED Lot Area Lot Width Setback Variances ( Front Hardcover Side Rear) Other --------------------------------------------------------------------------- mz c\j 4 111)01 S` i. A �4 2 4 4P !40!T. Ja ?o 04 \Z v a: 4 3 N! 4 14•� `' �� y' fl � F �� lZi N � t � r .1-3 4 Iad pToor Dor 79, S ?f -4t �71 (58) 414C ?RfITANA 6.6 v 'o, . COVE N v, ?4 ? S..Yl j 76 1 k * fl 3-1 LO'S 14,1f3,19,20and the olleyl of shomm , SUB'D OF LOT 14 REST POINT PARK,hove been vocated A,-'OC " 736A-)4 Alp owl 0 )A. 4 •r RUN DATE 09/28/84 r BATCH 003 38 07-117-23 23 0015 PROP ADDR 04765 TONKAVIEW LA OWNER NAME STATE LAND DEPT TAXPAYER PAUL V CAMPBELL NAHE/ADDR 14630 181ST PLACE N E WOODINVILLE WA 98072 38 07-117-23 32 0011 PROP ADDR OWNER NAME LEO D CLIFFORD ET TAXPAYER LEO A HEILA CLIFFORD NAME/ADDR 3185 PREIST LANE MOUND MN 55364 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 07-117-23 32 0009 04736 NORTH SHORE OR L J SCHERBER ETAL CAROL 0 EDWARDSON 4736 NORTH SHORE OR MUND MN 55364 38 07-117-23 32 0012 04784 NORTH SHORE DR LUCILLE M OLSON IUCILLE M OLSON 4784 NORTH SHORE DR MOUND MN 55364 REPORT NO. P2435401 PAGE 5 38 07-117-23 32 0010 047SO NORTH SNORE DR JAMS R THOMSON ETAL JAMES THOMSON 4'50 NORTH SHORE OR HOUND MI 55364 38 07-117-23 32 0013 STATE LAND DEPT I 0 A VIRGIt.IA A CAPLFS PO BOX 314 OSSEO M1 55369 r 38 07-117-23 32 00^11 38 07-117-23 32 0022 38 07-117-23 32 0057 PROP ADDR 04755 NORTH SHORE DR 04775 NORTH SHONE DR 04755 TOtf(AVIEW LA OWtJER NAME ROBERT T CARLSON ETAL W A KPAHL ETAL 0 A K LUNDQUIST /► TAXPAYER MICHAEL L COLBERT AND WALTER A KRAHL LELAND A PATRICIA MARTINFAU NAME/ADDR RICHARD J KRUGER CO RD 19 4755 TONKAVIEW LANE 4755 N SHORE OR MOt.FRU MH 55364 ORONO MN 55364 MOUND MN 55364 I► PROP ADDR OWNER NAME TAXPAYER TOTAL BATCH 003 000G9 NAttE/ADDR ok a -c-)q I CERTIFY THAT THE FACTS REPRESENTED APE All ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECM D5 OF THE HEMIEPIN COUNTY DEPARTMENT OF PRO RTY TAXATION. TO THE BEST Pk OF MY KNOWLEDGE BELIEF. / DATE ow Certificate of 5u-vpy for Lee Clifford of Lott S 6 b, Block 1, Bergclui t and Wick lind'. Dark Hennepin County, M A6,4&4y P'w 0/.Ay (At AKI. Co R AI* M pld+ yh 1 I hereby certify tha* this is a f—it- and corre-' re"p- ros*ntation of a survey of the boun,iartas nf I,ots 5 and 6. Block 3, "Bergquist and Wicklund's Nark, Hennepin Co. Minn.", and of the location of at huitciinc-is,if anv, t he.renn. It does not purport to Rh<+u , t her improve- ments o encroechmort:-. ("ORI)ON 4. CoFF' J 4 INC. ;ral!►' 1 fne-h 441 It -at Date o [son m4rker Mark S. Gronberq Reg. No. 1 7S5 Gordon R. t of ! ; n Re1j . mo. bnb4 Engineer-P anti Lend Survevnrs City of ORONO RESOLUTION OF THE CITY COUNCIL NO. -----169P- A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SLBDIVISION 5 (8) ZONING FILE NO. 873 WHEREAS, Leo and Nei 1 a Clifford (hereafter "the appIicant ") is otint-r of the property located &t 4760 North Shore Drive within the Cit., of Orono (hereafter "City") and legally described a� +olir-ws: Lots S and 6, block T. 1:4ergquist and Wict:lund's Park: (hr-reafter "proport-y") , :i.nd WHEREAS, the F ppl i cant teas applied to the City for a variance to Municipal Zariing Code Secti Si!.2'4, Subdivision 5 (0) to approve the construction of a re once on a substandard lot of area 17,0'70 sq-_tare feet where 47,,,60 square feet of area i s requi red, and width of l f-)G feet whore a lot width of 140 feat iu required. NOW, THEREFOF:E BE IT RESOLVED by th? Cite Council of Orono, Mi nnesot o : FINDINGS 1 . Th i S app l i c.at i on was r ^v i ewcd as Zoning File No. 8-73. The props•rty is lncatc-d in the LR-1B Single Family Lal,?shore Zcninq Vi atrict. 1 hc:� Orono i''1 anni nq Commission rcvi owed this application on October 22. 1934, and recommended .approviz1 of the prop-3sed v,?ri Anse based upon th& following findingcs a) No other adjacent 1,And is available to be combined with the property. b) Sewer is available rind the (property has bren issosscd for foot,agr, .and cncr --rswur unit. 1-tile 1 of •1 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 161-18 c) This lct is consistent with the e:;ist.ing development pattern of the neighborhood. 4. 'There appc.--,r to be no other alternative uses of the property. The hui1ding envelope for this lot with standard setbaci::s if the LR-lb or inq district is sufficient to develop a residence an the ordinary driveways and appurtenant improvements while still meeting hardcover requirements. 6. The City Council has considered this application including the findings and ru,commendations of the Planning Commission, reports by City staff, comments by the owner and the effect of the proposed variance on the health, safety and wclfcAre of the community. 7. The City Council finds that the conditions e::isting 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, cir nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the owner, but. is necessary to alleviate a demonstrable hardship or dif- ficulty; is necessary to preserve a substantial property right of the owner-; and would be in keeping with the spirit z.nd intent of the Zoning Code and • Comprehensive Pl. n of the City. CONCLUSIONS, ORDER nND CONDITIC,NS Eased upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.24, LUbdivision 5 (E) to approve the construction of a residence on a €Ubstanderd lot of area 17,0 :r square feet where 40,560 square feet of area is required, and a lot width of 100 feet where a lot width of 140 feet is required, subject to the following conditions: 1. Payment of $225.00 sewer unit charge with the building permit. 2. Dedication of the platted portions of County Road 19. No setback or hardcover variances will be granted. Maximum hardcover on the lot to be 5,109 squares fret fir Ir':s including building,, driveways, p.,tins, decks, etc. Page 2 of 4 amity of ORONO RESOLUTION OF THE CITY COUNCIL No. Access ^ the property is to be gained via u }improved Furl: Avenue to the north on-I.n Tonkaview Lane. 4. Payment of standard building permit fees including SAC and park dedication fee at the time t::e permit is issued. 5. Authorities granted by this variance run with t.ie property not; with t:.-e owner. but are permissive only and must be exercised W, application for a building permit within one year of thr, d=)tce o,f Council approval, or this variance will exoir-- on that da~e (November 13, 1985). f�. Violation of or nnc o+npl i ance with any of the terms and renditions of this v-nriz.nce shall constitute a vio!ation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigrn^d owner has read, understood and hers-y acirees t.e the tern,z of this resolution and on behalf of himself, his he-irs, s:ucccssors and assigns, hereby agrees to Lt,r-.- record.nr3 f lhii: rc-solution in the chi+.in of title of th(1 property. (idoptr,J by the Orono City Council cn this 13th day of November , 1984. ATTEST: Uorctthy M. H�+1 1 i n, ~City Cler► _ MC. ^ i r , Mayer Mar (1) MProper f' �� t 1 �,••s Leo & Neila Clifford 3185 Priest Lane Mound, MN 55364 CITY of OW;, 10 ('ust Uf l Wx 66*Crystal Hay, Minnewnta Yj-32'3•Municipal ()frUM On the iVurth Shf ol" Lake Minnetonka November 25, 1985 Re: Vacant lot @ 4760 North Shore Drive - Expiration of Variance Dear Mr. & Mrs. Clifford: The lot area and lot width variance for your property at 4760 North Shore Drive has expired as of. November 13, 1985. Munici.pa: Zoning Code Section 10.08, Subdivision 8 states that "Variance shall expire one year after the date of Council approval if not used. Any change in use of the property will require a new variance". A renewal variance applicati(, r Est be approved before the City can issue permits on this property. As you will recall, this is about a 2-month process, and will require the standard application fees to to paid again. You have the option of re -applying now or waiting until you or a potential buyer are ready to build. Unfortunately, no provision exists for granting of a "permanent" variance, hence there is always a slight risk that a future variance renewal would not be granted. I would anticipate that with the current Planning Commission end Council, a renewal variance application would be granted with J'ttle or no discussion. Please contact me if you have any questions. 7 am enclosing a variance application form for your convenience if you wish to reapply in the rear future. Sincerely Michael P. Gaff n;� Assistant Zoning Administrator Enclosure WILDINGR ZONING - 473-7337 • 4I)MINIS71tA770N! FINANCE 473-7358 • PURL.W WORKS - 473.7339 ASSMING Tot Orono Council Members From: Michael P. Gaffron, Assistant Zoning Administrator Dater November 2, 1984 Subjects #873 Leo °, Nei l a Clifford, 4760 Nor r_h Shore Drive - Vari Dance Zoning District --- LR-1B Application - Lot Area/Lot Width Variance To Create A Eui Lot A) Lot. Area Required - 43,560 s.f. or 1 acre Existing - 17,0 C► s.f. or 0.39 acre B) Lot Width Required - 140' Existing - 100' List of Exhibits: Exhibit A -- Application Exhibit R - Property Owners List Exhibit C - Plat Map Exhibit 1) - Survey Exhibit E - Planning Commission Minutes n+ 1()/2-':184 Ile This is a request to have a 0.39 acre lot declared as a buildable site. The lot fronts on County Road 19 near the curve heading north, and due to the steep slope up to the bUllding site and the proximity to the curve, access would be gained via the unimproved Park AvenLte onto Tc)nl aview Lane. The (). '9 acre lot would appc-ar to be consistent with existing building sites in the immediate vicinitys 4736 North Shore Drive - c'►. 47 acre +/- 4750 North Shore Drive - U.42' acre +/- This Application. . . . . 4760 North Shore Drive - 0..Z9 acre +1- 4784 North Shore Drive 0.37 acre +!- I.D. Caples Application. 4798 North Shore Drive - 1_).41 acre +/- Recent development : r, the genpr al ar F'a has teen on comb i npd lots o+ 1).6, (-).6, and 1.0 There is no additional adjacent land with which to combine this property, and vacation of a portion of Part Avenue would effectively landlock other properties. The property has been as,:e sled for- a single sp:+er unit and fnot Age. The plant UrIl t charge rF-mains to he paid. it sewer stub is available to the propor ty .At Nr.r th :�hor e Drive. 1 Meeting the required building setbacks would leave a building envelope of about E30' x 100', or 8400 square feet. The majority of the property falls within the 250' - 500' setback zone where 30 hardcover would be allowed. A residence and driveway could easily be constructed meeting the hardcover standards.. Planning Commission recommended approval of a lot area and lot width variance based on the following findings: 1. No other adjacent land is a.vailablF- - Sewer is available and the property has been assessed for footage and one sewer unit. 3. The lot fits into they general e:;isting development pattern of the immediate neighborhood. The variances requested are quite similar to and consistent with those approved for Harry Brocl::opp on WildhUrst 1rai1 and Robert Haapala on Dahl Road earlier this year. A resolution for approval is attached. MINUTES OF THE PLANNING COMMISSION MFFTING HELD OCTOBFR 22, 1984. PAGE 7 �#873 LEO CLIFFORD 0 NORTH SHORE DRIVE VARIANCE PUBLIC HEARING 8:50 PM Leo Clifford was present. Assistant Zoning Administrator saffron noted the certificate of mailing and the affidavit of publication. Chairperson Goetten closed the public hearing at 8:51 p.m. since no one was present in the audience for this public hearing. Assistant Zoning Administrator Gaffron stated that the Clifford's want their lot declared buildable. Callahan moved, Sime seconded, to recommend approval lot area and lot width variance based on the following findings: 1. No other adjacent land is available. 2. Sewer i s available and has been assessed for one sewer unit and footage. 3. T-is iot fits : the the pattern of the existing neighborhood. Motion, Ayes (7), Nays (0). #874 DUANE BARTH i MRS D. JOHNSTONE 1810 SBADYWOOD RC IAD VARIANCE PUBLIC HEARING 9:03 - 9:46 PM Duane Barth and Mrs. D. Johnstone were present. Assistant Zoning Administrator Gaffron noted the certificate of mr.iling and the affidavit of publication. Chairperson Goetten announced that now was the time and place for the public heari �'ttrt concerning a variance for Barth and Johnstone. following were present for this public hearing: Don Peterson of 32 Interlachen Court 'gave & Holly Eiss of 1790 Shadywood Road .iar,les Pyle of 1820 Shadywood Road Mrs. Johnstone stated that she has always paid separate taxes thinking that someday they would be able to build on this lot. Johnstone stated that they have paid a lot more taxes because they are separate lots. Johnstone stated that they have paid the sewer and water assessments for this lot too. Assistant Zoning Administrator Gaffron stated that the lot was charged a sewer lateral charge. A RESOLUTION GRANTING A V. RIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) FILE #1029 WHEREAS, I.e� and Nei.la Clifford (hereinafter "the applicants") are the owners of the property located at 4760 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: Lots 5 and 6, Block 3, Bergquist and Wicklund's Park, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to approve the construction of a residence on a substandard lot of area 17,030 square feet where 43,560 square feet of area is required, and width of 100 feet where a lot width of 140 feet is required. NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1029. 2. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District. 3. This is a renewal application for variances granted previously by the Council on November 13, 1984 per Resolution No. 1698 of record. The approval granted with that Resolution expired on November 1.3, 1985 because the applicants failed to apply for a building permit within the one-year time limit. 4. The Orono Planning Commission reviewed this application on May 19, 1986, and recommended approval of the proposed variance based upon the following findings: A) No other adjacent land is available to be combined wit'. the property. B) Sewer is available and the property has been :assessed for footage and one sewer unit. Page 1 of 4 C) This lot is consistent with the existing development pattern of the neighborhood. D) The findings of fact of Resolution 1E98 are still appropriate. 5. There appear to be no other alternative uses of the property. 6. The building envelope for this lot with standard setbacks of the LR-lB Zoning District is sufficient to develop a residence and the ordinary driveways and appurtenant improvements while still meeting hardcover requirements. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports :I City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 8. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.24, Subdivision 5 (B) to approve the construction of a residence on a substandard lot of area 17,030 square feet where 43,560 square feet of area is required, and a lot width of 100 feet where a lot width of 14C feet. is required, subject to the following conditions: 1. Payment of $225.00 sewer unit charge with the building permit. 2. Dedication of the platted portions of County Road 19. 3. No setback or hardcover variances will be granted. Maximum hardcover on the lot to be 5,109 square feet or less including buildings, driveways, patios, decks, etc-. Page 2 of. 4 4. Access to the property is to be gained via unimproved Park Avenue to the north onto Tonkaview Lane. 5. Payment of standard building permir fees including SAC and park dedication fee at the time the permit i, issued. 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 (June 9, 1987). 7. Violation of or non-compliance ,..th 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 a3 a misdemeanor. 8. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hei-oby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 9th day of June, 1986. ATTEST: Dorothy M. Hallin, City Clark Mary 17. Butler, Mayor Property Owners Page 3 of 4 STATE OF MINNESOTA ) Ss. COUNTY OF HENNEPIN ) On this d a y of 1 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, bef.oro me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 l(0 "UNCIL MEETING To: Orono Council Members WY OF ORONO From: Michael P. Gaffron, I11 Assistant Planning & Zoning Administratc.i Date: June 4, 1986 Subject: #1030 Charles D. Dollar, 1810 Lakeview Terrace - Variance - Resolution Please see Planning Commission Memo and Exhibits of 5/14/86. The applicant is requesting a side setback variance to construct a master bedroom addition. Planning Commission at their May 19, 1986 meeting recommended 6-0 to approve, finding that topography and the layout of the existing house preclude an addition to the rear of the house. Planning Commission also noted that there apr-ared to be good natural screening which would make the addition less noticeable. A resolution reflecting the Planning Commission recommendation is attached for your review. 0 To: � Planning Commission Members From: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: May 14, 1986 Subject: #1030 Charles D. Dollar, 1810 Lakeview Terrace - Vari.ance - Public Hearing Zoning District - LR-lA - 2-acre, unsewered Application - Side setback variance to construct a room addition Existing Proposed Reg_uired Variance Sidesetback 29.9' 16.5' 30' 13.5' or 45% List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Neighboring Property Owner Acknowledgement Exhibit E - Survey Exhibit F - Floor. Plan The applicants are requesting a variance to the side setback requirement in order to construct an addition to their existing home. They note that it is not feasible to add to the rear based on the layout of the existing house. Existing trees will screen the addition from the neighboring property. This property is in the LR-lA Zoning District but is located more than 1000' from the lakeshore, hence it is not subject to haZdcover regulations. Note that the applicants also own an adjacent 2.39 acre parcel in addition to the 1.0 acre with the house. The septic system servinq the property is functioning adequately. Although there is a lot of water on the property since this has been a very wet spring, none of the overland run- off observed on the property appeared to be sewage. There is enough area on the property to expand o-z replace the septic: system if ever required. The neighboring property owner has acknowledged having been apprised of the applica. .'s plans, and has not made any comments to staff. pr, L.,,7 V/ , - ,�_. CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per cacti additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) --------------- ----------------------------------------------------------- PROPERTY LOCATION Site Address 1810 Lakeview Terrace, Long Lake, Minnesota 55356 Property Identification Number (P . I . D.) _L7-118-23 43 0005 Please chick one - Is the property _ abstract or XXX torrens? Please attach legal description to application if not included on required survey. lot 1, block 4, in Long Lake Country Club Addition ---------------------------------------------------------------------------- APPLICANT Name Charles U. D(j,1lar Phone 473-2840 Mailing Address 181U Lakeview Terrace, Long Lake, Mtn 55356 OWNER Name Charles D. Dollar and Kathleen A. Kensy Phone 473-2840 Mailing Address 1810 Lakeview -race, Long Lake, MN 55356 Date Property Acquired (month,/Year) I Phi) (do not) also own the adjacent rc of --,.----.�-.-------.----.--...----�.----- a - T--r- PRESENT USE OF PROPERTY Present Zoning District !ko- 1A Present Use of Property Residential other (specify) ------------------------------------------ DESCRIPTION OF REQUEST Estimated Construction Cost. $ 25.000 Describe request in detail: b t T -7 D "j --------------------------------------------------------------------------- VARIANCES RRQUiRED Lot Area Lot. width Hardcc�ier Setback Variances ( Front 'X' Side Rear) Other 11ARDSD I P Describe undue hardship or practice, :fficulty resultinq from strict enforcement of zoning regulations:_inab! lity to put on additional bedroom ------------------- --------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements:�only direction in which we can make addition ---------------------------------------------------------------------------- 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-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (01.0) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including Hardcover calculations as required. S. 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, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's SignatureL-4Date April 28, 1986 OWNERS SIGNATURE The owner hereby ackowledges and agrees to this appl `ion and further authorizes reasonable entry onto the property by City f, consultants, agents, Commission members, and Council members for pu s of investiga- tion and verification of this request. Owner's Signature �a{i_.th.*� _�' �!`�gY Date Aril 28, 1986 s Applicant rrust have rill submittals into the City offices 25 days before the Planning Commission Meeting. Planning ComrriF:slon Meetings are held on the third Monday of each month. PUN DATE 04/25/86 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPOPT NO. PI435401 PROPERTY OWNERS LIST PAGE 8 BATCH 004 38 27-118-23 41 0002 PPOP ADDR 01805 SIXTH AVE N OWNER NAME R R OLSON ETAL TAXPAYER R R OLSON NAME/ADDR 1305 6TH AVE NO LONG LAKE MN 55356 38 27-118-23 42 0017 PROP ADDR 01920 COUNTRY CLUB RD OUNER NAME K i D CARLSTEN TAXPAYER. FEITH 0 i DEBORAH M CARLSTEN NOHE/ADDR 1020 COUNTRY CLUB RD LONG LAKE MN 55356 3_ 27-118-23 43 0005 PPOP ADCR 01830 LAKEVIEW TER OWNER NAI:E CIIARLES D DOLLAR ETAL TAXPAYER CHARLES D DOLLAR NAME/ACOR 1810 LAKEVIEW CR LONG LAKE MN 55356 38 27-118-23 43 0008 PROP AGOR CWNEP. N4ME CHARLES D DCLLAR TAXPAYER CHARLES 0 DOLLAR NAME/ADDR 1810 LAKEVIEW TERRACE LONG LAKE Mt4 55356 PROP ADDR OW14ER NAME TAXPAYER TOTAL BATCH 004 00012 NAME/ADDR 38 27-118-23 42 0012 01820 LAKEVIEW TER MERRILL B SWAIISON ETAL MERRILL B SWAI7SON 1820 LAKEVIEW TERRACE LONG LAKE tiN 55356 38 27-118-23 43 .002 01925 CC'MTRY CLUB RD G i L FREL-EN CLEN1t G i LOIS E FREOEEN 1925 COUNTRY CLUB RD LONG LAKE MN 55356 38 27-118-23 43 0006 01802 LAKEVIEW TER KENT B WINTER ETAL KENT 8 WINTER 1802 LAFEVIFW TERR LONG LAKE f24 55356 38 27-118-23 43 0009 KATHLEEN A KENSY KATHLEEN A KENSY 1810 LAKEVIEW TERRACE LONG LAKE M11 55356 38 27-116-23 42 0016 01845 LAKEVIFW TER JANET K ASKE JANET ASKE 1C45 LAKEVIEW TERRACE LONG LAVE MN 55356 38 27-118-23 43 0003 01803 LAKEVIEW TEP JOHN ' SUNDEEN ETAL Ja:41 L SUNOEAN 1803 LAKEVTEW TERRACE LOttG LAKE MN 55356 38 27-118-23 43 0007 01800 LAKEVIEW TER EDWIN A BEDELL ETAL EDWIN A B[DEL: co 1800 LAKEVIE: PACE LONG LAKE Y. 7356 38 27-118-73 01810 WEST FARM 43 OC17 RD T i M ADAMS TIMOTHY i MARY S ADAMS 1601 WEST FARM ROAD Lr-?6 LAVE M4 5535F Adjacent Property owners' Acknowledgement Form I (we) have reviewed the plans for the proposed improvement or proposed use of the property located at'S/ also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare appro r disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the pro- posed neighbor's project or use rea»ires City Council approval. Propert owner Date Property ,,Pwner ,)642e6 Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building i. Zoning Office at least 10 days prior to the scheduled meeting date. #1030 Cortii Iccte of Survw • ,or Charley D. Dollar • of Lot I, u l oci, 4, Long '_aKL- Courr Lr y Club Add i t i on Ileinr.,pin Cc)unty, M;nnesuta 0 tis 2eR prepo:ed i \ - - Pole Shed Dqrll I% 0 30.E / I hFrebv certify that this is a true and ,.orrect representation of a survy of the \ / �ti Southwesterly line of Lot 1, block 4, Long \ 2' Lake Country Club Addition, the location of three existing buildings thereon and the uro- posed location of a proposed addition relative to said Southwesterly line. It does not purport 1 to show other improvem(3nt-, ,)r encroachments. / 4 kale: t" = 50' Date 5 - I - 86 o Ir d# 1 ark0 /f 3 COFFIN & GRONKRG, 114C. M,iri S. Grenber'A ►tey Ro. 1Giti5 Enq!neert ind Land Survpvors Long I_ako,, M;nnesota :o ' o PANY AUv• Y. I eh ..r N zt) !4f LAKE C0� �D WOLS f .11 - J � •• s s, �:' 3 a L L~t •, Ali LONG 2 (16) 1 . . , / Ir � � f . ' COUNTRY '°'aee� COUNTR : •:. W 14 2 - _ ac, 1So• •• 3 38c 24 22 e'' 20 ^' ' .i, �,� B .3 Vc.. •w `AK 0 JF AMA 23 31 NE , i r s 16 4r• .tea Mr. ^ '� _ ji t t• wv TT wFulm-1 c_. _... T 1 1 •_. a 1 V.t L¢.'�Ifw Wf LT01T'RC♦!•1.1 *, *:. J .kr.,c,ob L►c.r-i j E I '.� � y f �• F"< •�. "/er:� � - . emu. [ �. .. � . TPoo .> - 4a_, of •. -_ __. _.._ -4 owl :. T H _ ! nL s r •rl _ 1 • •� s '1 • eit m, W ij .• •aw t' k i A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 (B) FILE #1030 WHEREAS, Charles D. Dollar (hereinafter "the applicant") is the owner of the property located at 1810 Lakeview Terrace within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 4, Long Lake Country Club Addition, Hennepin County, Minnesota, (hereinafter "the property"); any'. WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of a room addition extending to a point 16.5 feet from the side lot line where a 30 foot side yard setback is normally required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1030. 2. The property is located in the LR-lA Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this applicat `_on on May 19, 1986, and recommended approval of the proposed vai •nce based upon the following findings: A) Topography and layout of the existing house preclude an addition to the rear where a variance would not be necessary. B) Natural screening exists which will make the addition unobtrusive in the neighborhood. 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. Pam, 1 of 3 5. The City Counci 1 finds that the conditions exi::ting on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby gran'.:s a variance to the Municipal Zoning Code Section 10.23, Subdivision, 6 (B) to permit the construction of a room addition extending to a point 16.5 feet from the side lot line where a 30 foot side yard setback is normally required, subject to the following conditions: 1. Authorities granted by this variance run with the property not wit`i the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 9, 1987). 2. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 9th day of June, "96. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Property Owner(s) Page 2 c>f STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) On this _ d a y of , 1986 before me a Notary Public within and for said county, personally apF,>-,ared 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 me a Notary Public within and tor 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 3 of 3 /7 TO: Orono Council JUid 9 —1 ?G 'Ji " Y ,F F .��� 40 FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: June 5, 1986 SUBJ: #1031 Mark Hunsley, 3464 Eastlake Street - Variance Resolution Please Review the Planning Commission Memo and Exhibits of 5/14/86 (attached) Applicar. are requesting hardcover variances in 0-75' and 75-250' to construct a patio, similar to the requests of Monge and Asplund on the two lots immediately adjacent. Planning Commission at their 5/19/86 meeting recommended 6-0 to approve, finding that the request is generally consistent with those approved for the two neighbors, and that there is no other feasible location for a patio on the property overlooking the lakeshore. Staff would note that the low flat topogr-.phy of this lakeshore yard will allow for good absorbtion of runoff. Staff recommends approval per the attached resolution reflecting the Planning Commission recommendation. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.55. SUBDIVISION 8 FILE #1031 WHEREAS, Mark Hunsley (hereinafter "the applicant") is the owner of the property located at 3464 Eastlake Street within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 1, Bayside Beach, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Cede Section 10.22, Subdivision 2 and Section 10.55, Subdivision 8 to permit the construction of a br;ck patio partially located within the 0-75' lakeshore setback zone where no structure or hardcover is allowed constituting 1.2% hardcover in that zone, and partially located within the 75-250' setback zone, increasing hardcover within that zone from 30.0% to 32.9% where only 25% hardcover is normally allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1031. 2. The property is located in the LR-lA Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 19, 1986, and recommended approval of the proposed variance based upon the following findings: a) The proposed location is the only feasible location to place a patio on the property which will overlook the lake. b) The request is consistent with the requests approved for the two other properties in this subdivision. 4. The applicants have a hardship based on the small lot size (0.46 acre in a 2-acre zone), which unusual y small lakeshore lot was allowed by the City to be created in order to reduce the intense use of Stubbs Bay by the marina which previously occupied the property. Page I of 4 5. The property in the 75-250' lakeshore setback zone, contains only the driveway, sidewalks and house as hardcover, constituting 3,811 square feet or 30.0% hardcover. This amount of hardcover, although exceeding normal limits, is necessary to the safe and reasonable use of the property. Because of the low elevation in relatijn to the Lake level, the residence has no baseme..t, hence increased bulk and hardcover above ground was necessary to construct a suitable residence on this property. 6. No hardcover currently exists in tle 0-75' setback zone. The proposed patio wil l encroach 5' into ;he -5' setback, creating approximat . , 88 square feet of hardcover, or 1..2t; in. the 0-75' zone. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staf. . comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 8. The City Council finds that r.he conditions existing on this property aro peculiar to it and do not apply generally to other property ir. this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire ia? 1 or other danger to neighboring property; would nit merely s, as a convenience to the applicant, but is necessary to al..eviate 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 Comprehensi-re Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Rased upon the above findings, vne Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivision 2 anu Section 10.55, Subdivision 8 to permit the ;truction of a :;rick patio partially located within the 0-75' 'jack zone, where r -+rdcover or W ructure is normally allowed, and constituting 88 s. 1..2% hardco-.,er in the zone, and partially located within the setback zone, increasing hardcover in that zone to 4,187 s.f. 2.9% whcr. only 25% is normally allowed, subject to t, follow..nq conditiu.• .: 1. The portion of patio to ho constructed in the 0-75' setback zone shall encroach no more the;, 5' into the 75' lakeshore set- back and shall consti � i•t�_- no more than 88 s.f. or 1.2% hardcover. No additional :iardcover is allowed in the. 0-75' setback zone. rage 2 of 4 2. Tt:e following hardcover areas are approved for this property in the 75-250' setback zone: House and Garage - 2,286 s.f. Sidewalk - 96 s.f. driveway - 1,435 s.f. Patio Addition - 370 s.f. -------------- 4,187 s.f. or 32.9% 3. .ftotal improvement of the property is limited to the hardcL ,.pr amoants describe in N2 above, and the owner of the proper, �t is hereby advised that the City will not approve any future i.n'iprove:ients which increase hardcover, and if such improvements ari proposed they might be approved only with concurrent removals of existing hardcover. 4. Authorit`.,-s granted by this variance run with the property not with the applicant, but are permissive only and -rust be exercised by appl.cation for a building permit within one rear of the date of Council approval, or this variance will expire on that date (June 9, 1987). 5. Violation of or non-cor, ' iance w- ._h a. Y cf the terms and conditions of this varian a bt.._.il constitute ,•aolation of the zoning code, shall automatic -ally terminate ; , authority granted herein, and shall be punishable ac, a misdemeanor. 6. The undt signed applicant nas read, understood and hereby agrees to the terms of this resc.`ution 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 -ourci 1 on this 9th day of June, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Property owner (s ; Pa g c:., 3 c, f. To: Planning Commission Members From: Michael P. Gaffrort, Assistant Planning & Zoning Administrator Date: May 14, 1986 Subject: #1031 Mr. & Mrs. Mark Hunsley, 3464 Eastlake Street - Vari7ince Zoning District - LR-lA Application - n juest for variant -s to construct a patio tia l ly within 0-75' setback and exceeding 75- hardcover limitations. List of Exhibits Exhibit A - Application Ex.:ibit B - Plat Map Exhibit C - Picperty Owners List Exhibit D - Hardcover Worksheet & Staff Calculations F.xhib;t E - Survey Applicants are requesting hardcover variances in the 0-75' and 75-250' setback zones in order to construct an 18'x22' brick patio next to their home. The patio pr osed will contain 396 square feet with approximately 62 s, a feet of sidewalk. Approximately 88 sgrire feet of the pat o is proposed to be in the 0-75' setback zore. I have recalculated the lot areas (see Exhibit D), and Yis I on my calculations, the 0-75' hardcover will increase from 0% existing to 1.2% proposed. In the 75-250' zone, existing hardcover is 3,817 square feet or 30.0%, with the proposed additional 370 square feet bringing it up t- 4,187 squats feet- r 32.9%. You wil . recall. similar- applications for the two adjacent houses. At 3444 Eastlake Street, the Monges were allowed a total of 130 square feet or 1.7% hardcover i.-i the 0-75' zone and 4,018 square feet or 40.0% hardcover in the 75-250' zone per Resolution No. 1837. At 3424 k,4stlake St? -et, Randy Asplund was allowed 5 square feet or 0.1% hir'^.,ver In the 0-75' zone and 3,572 square feet or 31.7% in the 9' zone per Resolution No. 1820. This application would i-ev 6.p be gene:•A1l.y consistent with what was approved on adjac:er. r 1:r,7re r4-.ies (5 6r`"'04 006 UAODSH iP, - No fq7ft-I Pt'43/B[.e L 0C4-r7ON e'N H-10e Dr4C . / , ., . , - - -. r / , ( 4'' M - "/ C� �7 / / `-) v f O 7 ` CI7t'Y OF ORONO - V1�RIA4CE1 APPLICATION --/ % � e/c�' 'f W. Initial Application Fee $15^ 11.01 pe." each additional variance) Renewal Variance Fee $75.06 -ile from original application) After -the -Fact Fees (Double application foe) 5 Or) ------------------------------------------------------------------------- PROPERTY LOCATION 1� Site Address 3464 E. Lake St. Long Lake, Mn. 55356 Property Identification Number (P.I.D.) 05-117-23 13 0042 Please check one -- Is the property abstract or �e _ torrens? Please attach legal description to application if not included c. required survey. -------------------------------------------------------------------------- APPLICANT Name Mr. & Mrs. Mark Hunsley Phone 475-4036 Mailing Address 3464 h. Lake St. Long Lake, Mn. 55356 Name Mr. & hrs. Mark Hunsley Phone 475-4036 Mailing Address 3464 L. Lake St. Long Lake, Mn. 55356 Date Property Acquired Jk y 1964 (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District 1031 ' W W Present Use of Property Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ SOO Describe request in detail: paati�o �apRroximately 181 x 2 to the side door. ina an interlocking brick acent to the nouse wi-ui a 7 • wrslr ---------------------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Width A, Hardcover Setback Variances ( x Fronc Side :ear) Other ---------------------------------------•- --------------------------------- (OVER) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: 'rye have an inability to have outside patio or walkway. We feel a need to have entry area hn-o ouse no in grass. -------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requ?rements: Please see attached sheet ----------------------------------------------------------.--------------- REQUIRRD SUBMITTALS 1. Completed Application Form. 2. pert Pied Property Owners List of owners within 150' (you can obtain this list )m Hennepin County Department of Finance A-603 Government Center.348-3271) 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey 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. ---------------------------------------------------•---------------------- APPLICANT'S SIGNATURE The Applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature G�2f %� � �C` Date 'i1'v?� • OWNERS SIGNATURE The own(: 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`2 1 . a-;,W % t!' > ���6 {`J Date - dam- ----------------------.--------------------------------------------------- Applicant must. have all submittals into the City offices 25 days before the Planning Commission Meeting. Planninq Commission Meetings are held on the third Monday of each month. DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS: 1. This property was subdivided with the help of the Village of Orono in 1981 to allow 3 building sites on this immediate area. Lot 1 has approximately 47% of the primary lot square footage within the 75 ft. lake setback which cannot have ground cover. This leaves tight area remaining. 2. Because of wrap around shoreline the proposed patio would have only approximately 88 sq. feet within the 75 ft. limit and this would not be imposing on anyone because of tucking behind the bay window and the fact that this lot is against County Rd. 84. 3. Because of flat ground all runoff from patio and sidewalk would absorb into the ground and not down directly to the lake. LAKESHORE SETBACK ZONE 0-75' 75-250' 250-500' 50C-1000' ORQNO HARDCOVER CALCULATION WORKSHEET A. Existing B. E-tisting lot area hardcover in zone in zone C. Existing hardcover percentage [ (B .A) x 1001 D. Proposed hardcover in zone gy5_7 sf D sf % _ sf E. Proposed hardcover percentage [(D?A) x 1001 1S8 t l sf Y3 1 Z sf z'% 2 70 �/770 sf 30.0 G ..F sf sf D/ 0 sf Sf F. Allowed hardcover percentage 0 ' 2 5 '/ ` /0 30 -'-, Directions: OS4E* STA"FA co4,CC U 4A770MJ04 EnXII. o A. Existing Let Area in Zone - includes the total square footage of dry buildable land within the specified zone. B. Existing Hardcover in Zone - includes the square footage of existing roofs, decks, sidewalks, driveways (eravel 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 100. D. Proposed Hardcover in Zone - includes the existing hardcover plus all proposed additional hardcover. E. Prcposed Hardcover Percentages - divide the number in D by the number in A and multiply by 100. 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 Zon`.q Department at 473-7357 .o discuss the possibilities of obtaining a variance. Generally, if a concurrent 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. rd LAKESHORE REGULATIONS AND HARDCOVER SEC. 10.22. REGULATIONS FOR "LR-lA-, "LR-lA-1-, "LR-1B", "LR-lC" AND-LR-lC-1" ONE FAMILY LAKESHORE RESIDENTIAL DISTRICT. Within any "LR-lA", "LR-lA-1", "LR-lB", %R-lC", or "LR-lC-1" One Family Lakeshore Residential District the following regulations shall apply: Subd. 1. Lakeshore Set Back Regulations. 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, hard cover, temporary or permanent structures. Within 75 to 250 feet of the shoreline there shall be no greater than 258 hard cover. Within 250 to 500 feet of the shoreline there shall be no greater than 30% hard .over. 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 removed without first obtaining a permit from the Council. HARDCOVER LIMITATIONS t ie P OVA 1 0-75' Zone - 0% Hardcover allowed 75-250' Zone - 258 Hardcover allowed 250-500' Zone - 30% Hardcover allowed 500-1000' Zone - 35% Hardcover allowed Percentage of hardcover for each zone is calculated as follows: Area of hardcover in zone (sq. ft.) Area of lot in zone (sq. ft.) NOTE: Measure perpendicular not along the X 100 - Percentage of hardcover in zone setback distances to the shoreline, lot line. LAM MINNE VW• riaAW#Aw�w Va vt&t •ter, for Tri-Roolots Ventures of Lot 1. Block 10 baysido Reach ^'9?•+o ,,, \ 7f r-� 1 ` .- J� � I hereby certify that this is a true and correot reprosentaties of a survey of the boundaries of the following described property: Lot 1. Block 1. Bysido Beach# and of the proposed location of the prrooppoosed building. It soea slot purport to show improvements or oncronts. Scale - 1 inch: 50 foot Date July 23. 1984 o iron marker if •I�:IY {ARM w� /1-l1-If. N / L0VORA 11"Mrs uw "WOO /iOIt &owr ell.IS Oad Me rO-' 4F of OAW .i tJ•'. re, Gordon R - Coffin 00.9 its. -'Kark 5. Gronborg eg 5 Gordon R. Coffin Rog. 0606h inginoors and Land surveyors Long Lake. MY #1031 39 C 114 74 37 34585 r i S9�dC 0,36 3 3 loo 5 32 0 25 411 v �i I I ti�V � 3 13 -�_27 23 b Q-A 5 10 \r If, 16-0 3 3 97 13 i/o 04 0 rj IF Ns- Z OA 46 17 % it 10i 9 .)0;4 mAoil f-co ro- --ft �4 C13.) 14 t RUN DATE 05/02/86 ETCH 005 38 05-117-23 13 0012 PROP ADDR 0342-1 BAYSIDE RD OWJ:ER NAME R i W AN'DERSON TAXPAYER ROSERT F i WEND Y S ANDERSON !:AME/At)DR 34CO BAYSIDE RD LC`:G LAKE MH 55356 38 05-117-23 13 0021 PROP ADDR C:;NER NAME V H LARSON ETAL TAXPAYER VINCENT H LARSO14 NAME/ADDR 25404 LAKE ROAD BAY VILLAGE OHI0 44140 ' 38 05-117-23 13 0043 PROP ADDR 03444 EASTLAKE ST ='lZR NAME D A MONGE A N A MON: E TAXPAYER DEAN A S NANCY A MONGE NAME AZOR 3444 EAST LAKE ST S LONG LAKE MN 55356 38 OS-117-23 1 '046 PROP ADDR O:;N1c-R NAME D A MONGE S N A MONGE TAXPAYER DEAN A S NANCY A MC!tGE NAME/AGOR 3444 E LAKE ST S LO!:G LAKE MN 55356 HENNEPIN COUNTY PROPERTY INFOPMATION SYSTEM PROPERTY =,ERS LIST 38 05-117-23 13 0013 03440 BAYSIDE RD MABEL M ROSS ETAL RICHARD A SUSAN HOIUM 3440 BAYSIDE RD LO!.G LAKE MN 55356 38 05-117-23 13 0030 03400 BAYSIDE RD BOBBY J MEYERS ETAL B : MEYERS 3400 BAYSIDE RD LO!:G LAKE MN 55356 38 05-117-23 13 0044 03424 EASTLAKE ST J t C MC CLEARY !!'MES K MC CLEARY ,4 E LAKE ST LONG LAKl t',N 55372 TOTAL BATCH 005 00010 REPORT NO. PI435401 PACE 9 38 OS-117-23 13 0014 03470 BAYSIDE RD DARYL R CARLSON ET AL DARYL R CARLSON 3470 BAYSIDE RD ORONO MN 55356 38 07-117-23 13 0042 03464 EASTLAYE ST M A N HUNSLEY MARK ♦ HUNSLEY 3464 E LAKE ST LONG LAKE MN 55356 38 05-117-23 13 0045 DARYL R CARLSON ET AL DARYL R CARL`_ `: 3470 BAYSIDE CAD ORONO tt`4 55356 I CERTIFY THAT THE FACTS REPRESENTED APE AN ACCURATE AND TRUE REPRESENTATION OF INFGPMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROP TY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE BY #1031 HARDCOVER CALCULATIONS 3464 Eastlake S t 0-75' Area = 7,318 s.f. Existing Hardcover = 0 s.f.or 08 Proposed Hardcover Portion of Patio = 88 s.f. or 1.2% 75-250' Area = 12,735 s.f. Existing Hardcover: House:(32x48)+(6xl3)+(20x30)+(lOx4)+(8x4) = 2,286 s.f. Sidewalk: (20x4)+(4x4) = 96 s.f. Driveway: (23x35)+(20xl6.5)+(25xl2) = 1,435 s.f. (NOTE: 700 s.f. of driveway on common lot is not i,;cluded in these calculations) Existing 75-250' Hardcover = 3,817 s.f. or 30.U% Proposed Hardcover Patio Addition = 370 s.f. 370 + 3,817 = 4, 7 s.f. or 32.9% 4 �>Sz 5 �*1140- .3" LAKE 11I NNE TONKA IN I hereby certify that this is a true and correct representat; of survey of the boundaries of the following described property Lot 1, Block 1, Bayside Beach, any.. of the proposed location of the proposed building. It does ni I To: Mayor Butler Mark E. BernLardson, City Administrator JUN 9 - 102(� Orono Council Members Planning Commission Members :����'Y OF From: Jeanne P.. Mabusth, Zoring Administrator 1'7 Date: June 4, 1986 Subject: #1032 Brian Fulmer, 3505 Wayzata Boulev; 1 - Variance To Highway 12 Moratorium (Ordi.ance No. 13, Secor.l Series) Application - Variance to moratorium because applicant seek:; an amendment of Comprehensive Plan (M.U.S.A. Line) by seeking sewer service for property located within defined rural area. List of Exhibits �-xnibit A - Application �.chibi B - Plat Map Exhib; C - Property Owners List Exhi1>: D - Staff Memo & Exhibits Exhibit E - Applicant's Letter of 4/22/86 Exhibit F - berhardson's Memo of 4/18/86 Exhibit G - Council Minutes of 4/28/` Exhibit II - oection of Ordinance 13, -.:ond Series The Fulmers have never proceeded with the major in'r-oversee : of the kennel as approved by Council in July of 1984 because req- red scdtic tests confirmed the site could not provide adequate or suitable area for the additional drainfield area (review Exhib.,t D). Since 1984, the site has had a.,other limitation placed on the only available ::.rea with the construction of tt,e interceptor line in the front ya:.;. In early April, the Fulmer's residence ias destroyed by fire. This last incident has forced the applicant to make a major decision as far as rebuilding and remaining .'n their present locatioa.. At to �i.r April 28th - -�ti_ng, with a vot - of 3 to 2, Council a} ro-cd sewer service to the Fulmer's property .o serve the proposed ,.ime.cial use advising staff to commence the formal application ocedure with the Metro Waste Commission. ..f you review Fulmer's letter, Exhibit E, he a,'',;ised that an ind 1ridual hook-up is feasible based on estimated costs - note the spec or the proposed installation were furnished by the Waste Commi. 'an staff. The sewering of this property, located at the extreme west of our study corridor, wil' present special zonir•g consideratiors with our 3ighway 12 Study far as land use and sewer boundaries are cor..erned . Zoni-ig File #10' ? Juiie 4, 1986 Page 2 of 3 The minority of 2 were against Fulmer's petition especially when the planning study is not yet complete. They noted the following concerns: 1. )cngerous precedent tc begin after the long struggle the City had to deter all local service to the interceptor line. Planning study should ue completed before we make such decisions. 3. Applicants were advised in 19 net th- site was seve ply limited for the proposed interisification in uae - L:he cost'' 31 use permit was granted because the Council was Ivised to could pravide the additional septic Fria. Ordinance 13 notes that t: rollovir:^ findings must be made before the Planning Commission ca. -ake a recxnmendation of approval: ;. is the pror- snl contrar, intent of the Comprehensive Flan? Z. Is the proposal compatible wi zoning and ._icial -ontrol amendments b(-ing considered City in our planning ALudy" 3. Will this prop.)sal safety or welfare of ti rlanni.- Coauission Cflaa rt -se impact on t tie health, , ,tridation and Additional. Staff The ma* . � b u of the - ; tommisG felt _ council had ai: .ads, iao,, see' Elie issue <..acring Ful! is propf-,y and that the moratprium var`. ante for ti1F.r part becomes a routine procedural rev..ew. Courici_ . d alieedy made a determination. he minority di.agretd zad oted against tre variance �q;3e- t and voiced strong (support of tb,4 ri:.:►ority positio ° the Council. Tn a vott. of 3 tn, 2, Planning Commission voted to rec�,mmenC Apprc cf ' ulmer'�. variance - ppli^a'-ion b,� Id on the .Lindini,: 1. t ;s a .que situat 1. F•ulnic:'s reruta _ion in the ope:-ation of hi.s kennel business i a excellent anu the City must ::ooparste or as, ' -t in t.eeping the Fulmers in th-- Zommunity. 'Zoning -Pile #1932 JLne 4; 198(, Page 3 of 3 3. The request to sewer would .;t be contrary to the Comprehensive roman as the City has r.eccntly sewered other severly limited rural defined areas with sewer and such a reques� can be included in a comprehensive amendment of the M.U.S.A. Line. Staff has drafted an approving resolution per the 'irect'_ves of the Planking Commission recommendation. Mr. Fulmer, in a rece- visit to the City offices, submitted an updated survey of his property enclosed for your review. fie reminded stafc that Rusol:<rion No. 1654 granting a conditional use permit for the expansion of the kennel had expired. The resolution does no specify a deadl' - date but Serti. r, .09, Subdivision 8 does statt .at permits ar. /- lid for orit- y In addition, if a renewal is needed that renew 1 must be prier to the deadline - in this case August 1985. Fulmer re;rnin-qed staff t1n7?t the planni tu,'-• was to commence in September of that year and soon after the at Ful,ner seeks Council. direction regarding the following cc .. 11 Council cxtend the expiration date of his conditional mit or .nust he file a new conditional use permit? Does the r ratni u,n have any affect on building permits .sued for comme;cia1 es approved under a valid conditional use permit? 'c. Enclosures ..esolution #1654 Survey Dated 4/30/P6 A RESOLU'PION GxcANTING a \ NRIANCE TO ORDIMANC 13, SECTION 2 k ...LE #1032 WHEREAS, D. Br4an Fulmer (herei.nafter "the applicant") is the owner of the property located at 3505 Wayzata Boulevard within the City of Orono (hereinafter "City") and legally described as that par'L of the Southwest quarter of the northeast quarter of Section 32., Township 118 North, Range 23 west of the 5th principal meridian, lying north of the northerly right of way line of the Burlington Nurthern Railroad, (hereinafter "*'a :operty"); and WHEREAS, the =ippl; s-s?,t has applied to the City for a variance to Ordinance 1_s, ^(:ti.on 2, that prohibits any resident located within the defined boundaries of the limited development d.� trict from seeking an amendment of the Comprehensive DevelO-T-ent Plan without first obtaining the required variance. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS i.. This application was reviewed as Zoning File #1032. 2. The property is located in the RR-1B Rural Residential. Zoning LAstrict. 3. The Orono Planning Commission reviewed this application on May 19, 1986, and T'Pcom; .led approval of the proposed variance based upon t' follcwing . ndings: ti) The applicant's property presents _j unique situation and is not t;of the surrounding large acred lots. B) r"he a):rl i.cant's reputation in she operation of his ccmmc vial ke.inel is excel: ent and the City wishes to coope — to in keening such an asset v in the community. C) The request to sewe ;ld n,-'. be found contrary to the Comprehensive Plan .s t Aty has approved sewer for other severely limited areas within the defined rural. areas of the City based on criteria set forth in CMP-6-44. D) Applicant's site evaluator has r-,ovided extensive septic test, data that confirms there is ,o suitable area on the site for sartic expansion to serve both the kennel. operation and the residence. Page} 1 of 4 E) The M.W.C.C. in 1985 installed an interceptor line through the applicant's property that placed additional limitations on the only available land for septic expansion. F) The applicant's property is surrounded by rF ' lroad and highway right-of-way and an extensive wetland, sere is no adjacent suitable land available for septic expansion. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City stc-F f , 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 distri(,; 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 spirt 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 Ordinance 13, Section 2, to allow the applicant to apply for art amendment of the Comprehensive Plan by connectinq to the M.W.C.C. sewer line that intersects his property, subject to the following conditions: 1. Prior to obt ..ing a sewer connection permit from the City of Orono, the applicant must s,2bmit engineering plans for review and approval by M.W.C.C. and the City of Orono. 2. Authorities granted by this variance run v.it..h the property not with the applicant, but are permissive -)nly and must be exercised by application for a sewer connection permit withii. or.: year of the date of. Council approval, or this variance will. expire on that date (June 9, 1987). 3. Violation of or non-compliance with any of the terms and, conditionr- --%f this variance shall constitute a violation of the code, shr utomatica11y terminate any authority granteO herein, and sha 1 punishable as a misdomc--anor.. Page 2 of 4 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution on behalf of himself, his heirs, successors and assigns. Adopted by the Orono City Council on this 9th day of June, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Property Owner(s) Page 3 of 4 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 ) On this day of , 1986, before me a Notary Public within and for said County, personally appeared __ _ known to me ro be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the saute as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 Certif'cate of Survey for Donald Brian Fulmc. in the Northeast quarter of Section 32-118-23 Hennepin County, Minnesota u - 2m - 8 I hereby certify that this of the boundaries of that of Section 32, Township 118 North, Range 23 West of the 5th Principal Meridian, lying North of the Northerly right-of-way line of the Burlington Northern Railroad, \� the location of all buildings, if any, thereon, and the proposed location of a proposed kennel. It does not purport to show any other improvements or encroachm- ts. COFFIN & GRONBERG, INC. Scale: 1 inch = 100 feet Mark S. Gronberg 14N. Lic. No. 12755 Date April 30, 1986 Gordon R. Coffin MN. Lic. No. 6064 o Iron marker Engineers, Land Surveyors, Planners es Spot elevation (assumed datum) Long Lake, Minnesota City of ORONO RESOLUTION OF THE CITY COUNCIL NO. -- 1654 - GRANTING A COMDITIONAL USE PERMIT re.R MUNICIPAL 7.ONING CODE SECTION 10.03 SUBDIVISION 5 .AND APPROVING VARIANCES TO SECTION 10.03 SURD 5 (D), (Ei) AND (J) - FILE #834 WHEREAS, Brian and Cath-, Fulmer (hereafter "applicants") are the owners of a property located at 3505 Wayzata Boulevard and legally described as that part of the :oouthwest quarter of the northeast quarter of Section 32, Township 118 North, Range 23 west of the 5th principal meridian, lying north of the northe.ly right of way line of the Burlingtor. Northerrl Railroad, (hereafter "the property"); and WHEREAS, the applicants have applied to the City of Orono (hereafter "City") for a conditional use permit per Section 10.03 Subdivision. 5 ar,d for variances to Section 10.03 Subdivisic.. ;D) , (H) and (J) to allow the continued use and expansion of the boarding kenr.el ..peratior, ar.:i the construction of a 96' x 122' commercial kenr,el structure or. "he residential property. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: 1. The application was reviewed as ")nir.g File No. 834. 2. The property is located in the RR-lB, rural residential zoning district. 3. The property consists of approximately 9 acres, 3 acres of which appear to be dry, contiguous land. 4. Prior to the establishment of city wide zoning districts in 1967, the property contained a primary residence and a separate commercial kennel operation that cunsisted of an office building, kennel structure and outdoor run area. 5. A commercial kennel has been in continuous operation or, the property for over 35 years. 6. On November 14, 1977, Council granted a conditional use permit to Dog House Boarding Kennel, Inc. approving the continued use of a commercial ooarding kennel on the residential property. pacae 1 o f 7 u City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1654 7. The plan approved by Council in 1977 for ti,: improvement of the property was found to not involve an expansio• 3r intensification of the non conforming commercial use. The m,:rovements were as follows: a) structural repairs and Lenovatior, of the receiving,/OLf?ce building b) concrete floor installed in gare,e area of office building c) existing kennel strL tune and open run areas to be upgraded and enlarged and new open, run areas to be installed 8. Council conditioned approval of. the 1977 conditional use permit or. the following: a) accessory commercial use recognized as boarding kennel and size of the structures would limit the boaruing of .30 dogs b) no dogs may be sold for experimental usp c) kennel was to operate and be open to the public under normal business hours d) waste material from anim-Als housed on the premises was to be disposed of in an accepted method so as not to endanger the public health, safety and welfare 9. Since 197'i, the applicants have continued to provide the lc.;al community with a much needed sarvice. Their many customers continue to be in full support of the Dog House Kennel. 10. Some of the neighboring property ownerF 1, ve advised the City cf proble s from the barkiuy ` �'"gs in the n eun or kennel area and have pe,ltioned the City to see if the applicants could work out a schedule of operation that would decrease the noise problems. 11. In recent years, the applicants have been plagued with vandalism culminating last Labor Da%- weekend (Sept. 1983) in the strychnine poisoning of eleven boa -ding canine guests. Three of the eleven dogs died. The owners continue to suffer with repeated vandalisms involving the knnr.els or their personal property. page 2 of 7 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. -- 1 L_ - 12. The applicants have applied to the City for a conditior.a� use permit to construct a single enclosed kennel structure 95' .x 122' (11,700 sf.) that will enclose all kc el and oiler; rnn areas providing the much needed security for the facility ar-' a noise barrier for the surrounding residential property e, 13. The more efficient layout and use of the commercial area will .31low a- expansion :r, the boarding r-acii tie!i from the original 60 pets to a reasonable number of animals, considering their size and type, which may be safely 3r.d properly kept in ar. 11,700 sq. ft.. ke,.i.el structure according to air. applicable State and Federal standards. 14. The interior of t►-.e structure is do_:.;igncei for specfic commercial ke!ir,el use but the exterior of the structure suggests a more rustic, residential motiff and could serve at some future date as an accessory, hobby structure fci the i.te. 15. Council apprc • vat iar;ces to the followin,; sub sections of Sect.on 10.01 slbdivision 5: D. Whenever a lawful nor. -conforming structure shall have beer. maged by fire, f- A, explosion, earthquake, war, riot, or act of c, , it may be rec ucted wit',in twelve (12) months after such calamity, unless th. c; q� to the ouilding or s�.ructure is seventy- five percent (75%) or more of its fair narket value as shown on the assessme;.t records at the time of damage, ir, which case the whole thereof s:,all be demolished, and any cor.struction thereafter shall e for a use ir, accordance with the pr isrons of this Zoning Chapter. H. Normal mainter.a-ce of a building or other structure contair. ng or related to a lawful non -conforming use is permi ted, including necessary non-structural repairs and i- ^ider,tal alterations which do not extend or intensify the nc ^onfot Ang use .3. Apply to "Users" Orly. The nor, --conforming use provisions of the Zoning Chapter apply only to the use to which land and buildings are put, and do not apply to situations where iocrtion or het jht of structures, lot size or other factors not i;,volving tt.,: use of the premise prevent strict conformanc with the requirements of tF - Zoning Ch >r. 'Where, I—wever, such a s'tuation existed legally under the pr iL r appl i ible law, the Cou;,c i l wi 11 nt.ur..-easonabl y regj: re strict comyi ianc e and will generally look with favL•r or, granting of a variance under Section 10.08. City of ORONO RESOI TION OF THE CITY COUNCIL ,V0. _ 1654-- Counc: 3 appr,)val is based on the fc findings: 1. The viopose:d improvement will provide greats: ety and much needed security for the animals kept o,i the pr. .ises. 2. Thr i,ew structure will provide a noise barrier for the surrounding residentiz! property owners. 3. Neighbor -i have voiced complete support of the enclosed kennel structure. 4. The proposed exp? i in thf- roardi,;g capabilities oL the k, -,el structure will . t plt.ce undue haiusr'p or: the existingj septic facility becausr the arimal wastes are mauled from the site on a regular pick up basis. 5. A kennel has beer, in opera' .,)r, or, this propel ty for ov :5 v-ars. 6. Th°•tee is no increase it he area used for commercial „peratio, 1;•.L Inclosed kennel covers the same area as the existing kennels and run arras. 7. The property is physically screened and isr_)fated fr surrounding residential properties ty wetlands on east, t&ilro.. rio' of 14ay on south, road right of way or. west and north. B. Acress to the kennel area is via 3. H ghway J and not t'zrouCh res'llential. neighbr hood roads. 9. The Ci..; has received no negative comments from the F :ding property owners notified during the review of app-icat 1 . Nc. 741. 10 the City Council his con: :_dered th s applicat...n includir he findings ai..: recommendation:, of the Planning Commission, re, s by staff aiA -;,rrments of the applicant and the effect of the proposed use , the health, satety at.,' •-jelfare of the community. ?1. The City Coan.. finds that granting a Co;,dit.i%_na; _J:e Permit to _low the construction of at, enclosed commerci- --a str .tur, as proposed will not be detrimental to the i, sa:ety or general welfare of the put' ic, aoul-1 not advers, , -iftect light, air nor pose a fire hazard or ether danger to reighborinr; Fioperties, nor will A depreciate surrounding property values and that the ctru(t:u- .;;d t' :canner in ,ich the property is t^ be used to be in -Pping with the intent and o'ojectives of the 4at,_r.) Code and C -- ,, PF, sive rlan -)f the City. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. -1654 ._ 12. The City Cour.cil finds that granting variances for the proposed commercial use of the residential property is necessary to alleviate a demonstrable hardship, is necessary to preserve a substantive property right of the owner and would be ir, keeping with the spirit and intent of the rural residential zoning district, Zonir.g Cooe ar.d Comprehensive Plar, of the City. CONCLUE10N, ORDER AND CONDITIONS Based upo,. one or more of the above fir;dings, the Orcno City Council hereby grants a conditional use permit per Section 10.03 Subdivisior. 5 and variances to subsectior.s D, H ar.d J of that same Municipal Zoning Code section to allow the continue .se ar.d expansion of the boarding kennel or eration and the cor.structior, of a 96' x 122' ker;r.el structure on the property located at 3505 Wayzata Boulevard subject to the followin- conditions: 1. The b:.ardir,g kernel operation shall be lim ted to the housir.g of a reaso able :,umber of animals, in consideration. of their size and type, as may be safely ar.d properly kept within. an 11,700 sq. ft. kernel structure according to all applicable :Mate and Federal standards but in no event shall the number of animals exceed 150. 2. Prior to the issuance of a building permit, the a; i icant must provide ar, updated survey designating the wetlands area ar,d c firming the required 26 feet setback from the wetlands. yor should confirm dry, contiguous land exclusive of road i iy of way ai.d wetlands. 3. All new construction, must meet all pertinent standards of the State Building Code. 4. Provide a quit claim deed to the State for right of way for U.S. Highway 12 that encroaches the property. 5. Signage and parking needs to be reviewed by staff with building permit application. 6. No other variances are granted or permitted for this applicatior,. 7. This permit shall be automatically reviewed by the City within a year from the approval date of this resolution to assure that the boarding kennel has operated within the framework of the terms and conditions set forth in this resolution ar,d that the City MAY impose additior,al conditions as may be needed in the future in pd<ic `i O f r city o� OR ONO RESOLUTION OF THE CITY COUNCIL NO. 1fi:z4------ order to protect the public health, safety and welfare. Applicants further agree to waive ariy ights to object to such other conditions if after a complete and full hearing the City Council determines that such condition is necessary to protect the public, health, safety and welfare. y R. Violation of or non-compliance with ony of the terms and conditions of this resolution shall coast c :te a •.;,)latior, of the Zoning Code, shall automatically terminate any ithority granted herein, and shall be punishable as a :misdemeanor. 9. The undersigned owne-s have read, understood ani hereby agree to the terms of this resolution and on behalf of themself, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 91h day of July, 1984. ATTF.$T : erta M .trom, City Clerk Dorothy M iiallin, City Clerk Property Owner(s) �- Property Owner(s) (3) rP opeffy Owner (s`)-� CITY OF ORONO Mary Bu , Mayor City of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) on this Si day of Al 0 ST" , 1984, before me a Notary Punlic wit in — and E r said County, personally appeared r u i-M 1�' known to me to e—e the person(s) describt in grid who executed the foregoing instrument, and acknowledged that hp (they) executed the same as his (their) free act and deed. HENNEPIN COUNTY NOTARY PUBLIC JuM t1,14.',r MY COMMISSI(7N-EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) sT On this L 1 day of V(-Ll='►^ , 1984, before me a Notary Public within and �- sal d County, personally appeared CA t. known to me to Fe the pperson(described T—ri—'ar+ a who execute'�c the foregoing instrumert, and acknowledged that he (they) executed the same as his (their) free act and deed. -NOTARY PUBLIC WCHAEL P. GAFF „jNOTAkY PUBLIC - MINNf.J�HENNEPIN COUNTQQMy Co^ mission E■Cires June t tJ V Ai C` l 9 8 7 MY COMM IISSSi_N-EXPIRES ,a:;e 7 of 7 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) Dorothy M. Hallin, City Clerk of the CLty of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original r,-ccrL'' of resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on JU1V 9-, 19 84_ and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my Land and seal this 34 day of August lg 84 Ae (SEAL) This document is being recorded for the benefit of the City of Orono per Minnesota Statutes•386.77. ftMS*Xj&x .key*AAx City Attorney Leslie Gil`ir,tte, State Deed Tax Due Hereon: Exempt This instrument was drafted t.;y: City of Orono P.O. Box 66 Crystal Bay, MN 1;f—. CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 (1V0.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application. fee) --------------------------------------------------------------------------- PROPERTY LOCATION Site Address 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 Name �.►ra,J/CW't _ �`���.wV._ Phone A-k3 • c'1�Z..�c, Mailing Address ---------------------------------------------------------------------------- OWNER Name .Y�Q-���"Mr^ 1 i- a �1 Phone Mailing Address �f ,�;�•� �?-3�; % r�,:,c .. �S3S Date Property Acquired I�'�- (month/y ) I (do) (do not) also own the adjac p el soat - - - - - - - - - - - - - - ----W= - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: --------------------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances ( Front Side Rear) Other --------------------------------------------------------------------------- HARDSHIP Describe undae hardship or practical enforcement of zoning regulations:_ difficulty resulting from strict --------------------------------------------------------------------------- DI:SCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing 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-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certifi7ate 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 al..ove information has riot been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature �.`� :-1At Isi.4 . - Date Z`; OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council. members for purposes of investiga- tion and verification of this request.. .,yI��� Owner's Signature _.,:`-e�rx8A, Date 2"A�%�t_w{_ ------------------------- --------------------------------------------- Applicant must have all submittals into the City offices 25 days b-fore the Planning Commission Meeting. Planninq Commission Meetings are held on the third Monday of each month. �p l03,� r CC Lor Lc- i� - m 1 m �N ZZ a O 12 cr" a orcm �• ' Z I tea• SEC 2�, T IIH, R 2 3 � 10, }iv T QC (0 G� ``� RFS• t„ 1 I P�� ---- 94 my i ar J Y I C E•19 ' I q 1 W K io S.,} rim n 011 tl4 z4 0 0 `•:�w' : it LJ To: Ur i an f-ul mer ar,d Joanne Mabuuth From: Mich,-4-1 P. Gafiron, Assi ant Zoning Administrator Date,: Septembur : o, 1904 Subjert: Soil And Site Conditions For Dog House Fennel Proposal Res Septic SystemT, - Site west of garage slab is not nearly big enough for mound or any system. - Garage slab is over existing d_rain_fie_ld serving the house! My official recommendation is that the garage slab be removed. - because of 75' well setback, there is vary little alternate drainfield potential at this site, and what little there is should be preserved for alternate site to servo c::isting house. - Site east of proposed kennel was bared by Schermers and found to be fill material over peat/organic soils. Water table on 9/1 /84 was at _ +/- during the driest time this yEar. Schermers noted that the soil was mottled to the surfa_e and likely would be saturated to very near surface in the E�pring. He indicated he would riot want to recommend even a mound without a Getter 1nowledge of the high seasonal �jater table, probably by monitoring a number of iospect.on weI17. for a year. -- In a conversation with Dr. James L. Anderson of the U. of M. Agrcul tore E>: tensi on Service, he suggested that the e:: i st i ng kennel system be investigated +urther to determine how well it is fur=tioning, and relate it's affluent gluality in the tank: to what might be found with .1 hLiMan waste load. - Our code requi res• e;: t e n s i v t, l y detai I ed �:-, i to and .oi 1 ,-?valuations" on fill Soils, and where peat soils are encountered, would allow a rsystem ui,der only the most e:: treme conditions due to e:: i st i ng lot conf_i gi_!rat on. The City is under nc obligation to 'approve a systr-7 on these uoi 1 s. If a system was allowed, it would be subject to metering cif inflows and periodic groundwater quality testing. I do not believe the City should allow a new system to be constructed for a new or e::panded e.eso unless the minimum acceptable soil conditions e::ist, so that we aren't creating a new prat1em where none appears to e::ist now. - As for the existing kennel system, we have boon repeately told that no animal fecal materials are introduced into the system, and that the only discharge is from spraying out the kennel stalls and from dog wash water, hence we would c,:;pect a 1LA intensity effluent which might not form a sludge or a biomat. If th;s 15 found to be tht, case, and no apparont problems with groundwater :duality or liquid volume di•po5al are noted, I would feel fairly comfortable in .allowing this type of a sy .tem to br, installed for the kennel for the existing type of use, without the human sewage? element, i.e. can't hook up zin ap,-krt(nent to i t . 1 W - Holding tant,:s^ Code estates "Holding tai,k: i shal l be considered for systCTs _only if there are no other alternatives and it can be shown that their installation will eliminate a public health or pollution hazard." - Dased on the information at hand, I must conclude that the sit, - conditions Rio not appear siiitaable for installation of a septic System the City could confidently expect to function satisfactorily. The code and past practice and policy would nc)t allow a holding tank to serve a new dwelling unit in a location where municipal sewers sire not pending. A t:ennel "graywater" system serving the property now should be investigated further to determine whether it could be safely escpanded or moved to allow construction and use of the proposed t•ennel building. GouN�f 2K�ttT-oF-wa-� ^� 10 • ' .4, as JG 77 l • , r "�4 ;IX - �� �. ter• •. • :T..r.. �. r _ � .-. �;, p-a _ J���.. - �.+... •�.. - '� •• t a•*+ .1 K . • • i• Jt. ' �� t ' t; l l{ � � I. r :._ a., �. .-. : .,y s �j-'. •': ., , i a.. 1J1' .....{K, .. ^t:,,�1 ,� -• � - a• ".'� t1 t gL4R the doog Ouse boarding kennels, inc. 3505 wayzata blvd. * long lake, inn o 55356 - 5121473 9026 • Brian & f-.,,thy former TY4 T- %..:� FYI - CX.:" -1.21 �- -A =F-- we4-- NKZ-., Gvv-i Qt--> Or L C- t4pw-jvc C, nov4l P-x-.mI'4 C-4-- nwnber AE31a Gr r i . Ur�1:�ai p�t?-� ��� '� C�_`�h:. C,1���;C� f�1�j l,J� ►dA�lf � '�E� '�+►'..`iCMsa M F3�y '� t�'�-', vJ��-L.. E �11 L. �`c' fi�.1`� F�.1 �.t; z►•1 'Q1dC F'�VQ E 17•�cC �U �1 L.. cy-n z imtv , � . � .. , "q'!L�►J AKF' �cYt��►-.i... , �`�:� �`-�`�.�=ems drJ`4tb� �...�� tom' s�viZ.,. Fcq,"�N- c c cxt ►� (, t s c-ccr c%= I�ifb11-..�.i..� G�� t i t.. 1--.+�1E �rl � ` i t �t."SZ.;= P4���f,� •,C.'� j� r:�L i c:!= --,sti ,�c-c �c-�1E► ,�; rt� Nth �,.Y'n-tea 13� `�i 1=1�`r r_-� -Tio N14 F,�,�m J v (�1: � �._-;j►�,�.lt_�'� f-� C�.!►hC�-,�JV "�����1��r�� �t•��1' �T`�1--� ""�1- W tti� �v P�� �. ► P rv�c r. ►. , an iG+�._►-1►-�1.. A C�C-Q�u`::P �.� f-a�f-� YV`�=�" a..} (? �jt, r-, 1 �,c� �iJP•��.. 1 ,� C�� P� �-�v►�`� W i�-�� P..sJP1�•�l� rs�. Tiw'�C M ��2�"-. L,JN>,^� �. R3 M�`� ���t� 'Ql•it 1--1 roc .. � Mf � rSC� �.�'� ��� pl�,�r� :� tr11 �-.l_... �, ' ,: �� �--�� � L� `. ME r'�1YV�P►r-SU `r..���-1 ��-v T..`a t,�1�v�'�t r� - Py.'� "��C.�k-r-�1C.,Y3-t_. F't, •L.F��:.`�'� _ �4�kt,=- L_C�ry 1 L"�s� UC • 1�..Y� .; �.Y"-� � Er-�; � �;f' c�.'�'.. �.�•�lr �,�1F.�t 1�:�•�'�s� h1��,c:.� i '. . � `�-:J`{�� ��L7 C�`'t�l_S7 �r.Ll �V� 1 .i �� �� :� � �Q..�`�L►`� r-�-,10 CIF= =5 M:� ` :)C '� eS F3 A'\CjY.V- r`.cM� a 4188E . 8 4i� luiiis . Bit TO: Mayor and City Council APR 319uu FROM: Mark Rernhardson, City Administrator N0 DATE: April 18, 19(s6 SUBJECT: Brian Fulmer - "rog house", 3507 Wayzata Boulevard INTROr)UCTION - As you may reca11 Mr. Fulmer has been in fjnce at our Highway 12 corridor study meetings with two issues that relate to the development of this property that was approved back in July 1984. These issues are as follows: Septic/Sewer - FUllowing approval of the conditional use permit it was determined that the site is not able to have a septic system on it that would accomodate the commercial development that has been approved. Therefore he is exploring the possibility of beinc able to sewer the property through the new Maple Plair_-Long Lake interceptor line. it has been determined that it is technically feasible anC in order for Mr. Fulmer to stay on the property he feels he will need to sewer the property. Zoning/Conditional Use - An issue t1r. Fulmer has alluded to is the fact that the zoning, in that its a residential property with a conditional use permit to allow the Dog House Kennels, has been problematic in getting financing. It's my understanding that this is no longer a significant issue. Additionally as you may be aware there was a significant fire in the house/residence of Mr. Fulmer 3 weeks ago and there has been significant damage to it. He is presently living in the mobile facility that was approved by the Council at their April 14, 1986 meeting. Mr. Fu:-:per is at a decision point in which he n^eds to determine what heP will do with this facility. 1. S1 WER HOOKUP - If the City allows Mr. Fulmer to hookup to- the sewer and MWCC concurs he wi 11 then go ahead and get a contractor: to repair his house this year and go ahead with plans this year and next year to construct the commercial building that was previously approved. (The City may need to review those approvals 2. NO SEWER HOOKUP - If the City dec 1 i nes to approve the hookup`of this facility to the sewer Mr. Fulmer feels he will need to move to a different. sate in order to develop his hu 3inoss. 1�� Three issues of concern in relationship to this request are as follows: 1. Maple Plain/Long Lake interceptor Iiookkups - fhe permit that was issued for construction limits line so that no new residential units can be hookup to the line in Orono. This is not however, a new residential unit and is more of a commercial facility. 2. Alternate Uses - Once this property is sewered it would be difficult to prevent any other use on the property from utilizing the sewer. 3. variance to Moratorium - In order to allow the hookup and reconstruction it would therefore require that q variance :he granted to the moratorium ordinance which would requiL� Council approval. ?F:CO11MF NDATION - It is staff's recommendation that the City of Urono approve tie,hookup to the Maple Plain interceptor and that they communicate a request to h]etro Waste ,ontrol Commission in order for that to be accomplished. It is felt that this is the most appropriate use of the property given its severe restraints and that the issue of zoning should be dealt with during the Highway 12 corridor study process in order to maximize control on the actual use of the property apart_ from the ability to have sewer. PROPOSED MOTION - Moved by , seconded by , City Council rlirect the staff to request Metro Waste Control Commission allow the Dog House property to be hookup to the Maple Plain/Long Lake interceptor line. Ayes Nays CC: Brian Fulmer MINUTES OF TIIE REGULAR ORONO COUNCII. MEF.TIN,: HELD APRIL 28, 1986 ADMINISTRATOR'S REPORT: VPYEECRHOUT - SEPTIC/SEWER City Administrator Bernh-:irdexplained the request from Mr. Charles VanEeckhout. Mr. VanEeckhout owns a 3.75 acre parcel north of Long Lake on North Brown Road' and had inquired about the possibility of hooking up to Long Lake sewer back in February, at which time staff told him it was the City's policy not to allow sewer hook-up if septic was available. Based on research done. by Mr. VanEeckhout, he feels that septic is not a viable possibility for that property and again requests consideration of sewer hook-up. Mr. Charles VanEeckhout was present for this matter and stated that based on Steve Schirmers' evaluation it is a very undesirable site for an on -site disposal system. The system would have to be upstream from the house creating a pumping problem, and perc tests revealed very bad soil. He stated that it was a very difficult site and would probably require some variances even with a mound system. Iie feels the most feasible solution is to hook-up to the Newer system. Assistant 'Zoning Administrator Gaffron noted that this was in fact a questionable site and recommends further testing. City Administrator Bernhardson noted the differences in this request and the Stebbins request and that if this, request were approved staff would recommend the property stay at the same density. He stated that he did not feel that whether it was an Orono or Long lake unit was not a substantial issue. Councilmember Frahm voiced concerns regarding the City protecting itself from the possibilities of a future subdivision of that property. However, he was not comfortable with putting an on -site system on this lakeshore property if it is questionable. It was moved by Councilmember Grabek, seconded by Councilmember Frahm, to instruct staff tc- contact Long Lake requesting one sewer unit and if thf.-- are denied that further analysis for a mound system ,,,-uld have to be done. Motion, Ayes 5, Pays U. 3507 NA?ZATl► BLVD. City Administrator Bernhardson explained that following approval of the conditional use permit back in July 1984 it has been determined that the site is not able to have r septic system that will accomodate the commercial use .4 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 28, 1986 FULMER continued and the Fulmer's are requesting approval to sewer the property through the new Maple Plain -Long Lake interceptor. He noted that this would require a variance to the Ilwy.. 12 Corridor Study Moratorium. Brian Fulmer was present for this matter and stated that they are at a decision point to determine what to do with his facility, if they are unable to connect to sewer they may have to relocate the business. Assistant Zon.ing Administrator Gaffron reviewed the topographical problems with the property. Mayor Butler restated she would like to see tt_e Fulmer's commercial a;id residential use continue. It was coved by Councilmember Ilammerel, seconded by Councilmember Adams, that City Council direct staff to request Metro Waste Control Commission allow the property at 3507 Wayzata Blvd. to be hooked -up to the Maple Plain/Long Lake interceptor line. Motion, Ayes 3, Nays 2. Councilmembers Frahm and Grabek voted nay. Councilmember Frahm stated that when the City was forced to have the interceptor put in, it was the intent not to hav(, anyone hookup to it and feels by allowing this it would be setting a precedent. 116 stated that he would like the Hwy. 12 corridor study to be completed before considering it. in addition, he noted that when the Fulmer's made application £or the conditional use permit they were advised that the property was not large enough and now feels that the business is outgrowing the property. FACILITIES ASSESSMENT City Administrator Bernhardson reviewed the facilities assessment and noted th. t Present facilities must hc.,,)kup to city sewer soon. He coquested the Council to voice any issues or concerns. Mayor Butler inquired about sites to relocate the commercial use out of a residential area. City Administrator Bernhardsor listed several sites for consideration. Ile noted that they were residential areas but less dense than the Crystal Bay location. He noted that they would like to provide a location to accomodate all the departments together. LaDean McWilliams stated her desire to get some funds for historical preservation of the present Council Chambers. URi�I11:.:1Ci; :I'), ] 3, :',econd Series; i%:1 ORDINANCE ESTABLISIIIiIG A MORATORIUM Ott T11E GRANTING OF BUILDIIIG PEP -ZITS, LAND SUBDIVISIONS, REZONIMG APPLICATIONS, CONDITIOUAL Oil SPECIAL USE PLR14ITS, VARIANCES, OR OTHER AUTHORITY FOR ADDITIONAL DEVELOPMENT I,1 THE HIGMIAY 12 CORRIDOR AREA AS DESCRIBED HEREIN. THE CITY OF OR0I10 ORDAI"S: The Municipal Code of the City of Orona is amended by adding Ordinance No. 13, Second Ser4cs: SECTION 1. Statement of Polite. The City Council finds that the City is presently faced with the pcc:�ential of numerous appli::ctions for development in the Highway 12 Corridor Area of Orono, which potential has raised new concern for issues such as the most appropriate use of the land; the compatibility of low density residential development with commercial development; the interrelationship between development and highway accessibility; and, the provision of municipal services to +, e area. The City is in the process of reevaluating its Comprehensive Plan, Zoning Ordinance, and other official controls, as they relate to the development of the Highway 12 Corridor. The Council finds that there is an overwhelming probability that land use controls and zoning provisions :;ill need to be updated and revised as they of.ply to the Highway 12 Corridor Area. The Council also finds that such amending is a process that cannot be accomplished until a detailed study has been completed and hearing held. During this interim period, it is desirable that the Council establish guides for the benefit of those who wish to uevelop property in order to bring atout savings in public and private expenditures and to provide to the public guides to fut:ire City action. The Council df!_ermin,�39 that there is an urgency involved because of the need tc control development during the interim period so that the henefits of prover planning gill not be lost, to prevent development which may add to the public burden, and to preserve the scatu<, quo pending adoption of t.,ase measures so that the Cit�- will not be impaired in its ability :o effectuate the Purposes an( - goals of these planning efforts. Since enactment of an am,.ndment will indoubtedly modify existing regulations concerning permitted lend use and soninq performance standard.,, the granting of various coning and permit applications during this interim period would be detrimental to the effectuation of the Cumprehonsive Plan and contrary to the purpose of the zoning enabling art, Finn^c,:,t7 ;tatutos 55462.351 et seq. ThQ Council turth,r t indc that it wuuld bQ unwise, improper and unjust to allow individual development to occur during this study period to avoid discrimination and unfair advantage to a few to the detriment of the entire City. 'therefore, the Council's a0d staff s, authority to grant permits or approve QYlications described herein shall not be exercised during the limited term of this ordinance, except as provided in_section 6. SECTION 2. Restrictions on the Granting of Permits and Applications. No building permits for new ccnstruction or total replacement, land subdivision applications, rezoning applications, conditional or special use permits, variances or other authority for additional development in the Highway 12 Corridor Area described in Section 4 shall be granted for any purpose which would be inconsistent with the intent of this ordinance, including but not limited to: A. Single Family Dwellings; B. Duplexes; and C. Commercial Development of any sort. SECTION 3. Excal ions. Because of the Highway 12 Corridor location and nature of existing development in the restricted area, the City Council hereby grants blanket exception and variance from the provisions of this Moratorium to allow issuance of building permits and/or conditional use permits for the following word;, finding after extensive review and study that such limited exceptions would not adversely affect the status quo, and would therefore not be contrary to the intent and purpose of this Moratorium: A. Building Permits for interior remodeling and renovation of oxisting dwellings or existing residential. accessory :structures; B. Building Permits for new residential accessory structures or additions to existing residential accessory structures except that no variances ;hall be permitted; C. Building Permits for int-:for remodeling and renovation of existing iwmmercial buildings or accessory structures. SECTION 4. Restricted Area. That portion of the City of. Orono that shall be Subject to the restrictions of this Ordinance is all the land... , . 1 it, K 1 sh:CTIOtJ ouration. Thi_; urdinanc�-, :ball expire October 7 _ , 1gt3G, wits.out Council action, or it i,iay be repealed earlier if the Council determines that the requisite studies have been completed and adopted and that appropriate evaluation and action, including any necessary revisions of the Zoning Coda, have been finalized. The duration of this ordinance may be extended by adoption of a uubsequent ordinance. SI7"CTION G. variances. The Council may grant a variar. to this Ordinance if the Council finds after careful review of al:: the facts that a proposal is not contrary to the intent of the Comprehensive Community Management Plan, that it is compatible o::;th the zoning and official control amendments being considered by the City, and that it does not adversely impact the health, safety or welfare of the citizens. puildinq Permits granted under_ this sec �z1 be reviewed b the st.aff_prior to C_i� Council consideration Buil ing Permits need not be referee-3 to tiaannning Commission tar review. SECTION 7. Separability. y. Every section, provision, or part of this ordinance is declared separable from every other section, provision, or part; and if any section, provision or part thereof or action taken hereunder shall be held invalid, it shall not G_fect any otter section, provision or part. SECTIOU 8. This Ordinance shall be published in the Lake Minnetonka Sun and shall be effective immediately upon publication. Adopted by the City Council of the City of Orono on the 7th day of bcto)cr , 1985, by a vote of 5 ayes and 0 _ nays. 3402e Publish week of October 14, 1985 �x'S n teary Butlet Mayor -3- 1:XII1111T A 41-JES 6 11r)UNUS 1)L•SCRIPF101 OF PK,?i i) T 11. 12 1)Fv1:1.OpM►;NT ARF,A AREA I Commencing at the southeast corner of Section 32, T118N, R23W, Hennepin County, Minnesota; thence north along the east line of Section 32 to the north right-of-way line of the Burlinton Northern Railroad; thence northeast along the north right-of-way line of the railroad to the south line of Section 29; thence westerly 255+ feet along said south line to the intersection of Co. Rd. 6; thence N 260 33' 54" E 175.58 feet; thence N 150 49' 10" E - 74.84 feet to the PC of a curve deflecting to the east R 98.46 feet and central angle 740 35' 44"; thence along said curve 128.19 feet thence N 890 35' 06" W 510.70 feet to the PC of a curve deflecting; to the north R 538.30 cent--1 angle 260 59' 03"; thence along said curve 253.52 feet; thence N 630 25' 51": E 489.41 feet to a curve deflecting to the south R 5729.61 feet central angle 80 11' 06"; Licence along seid curve 188.92 feet to the east line of the southwest i/4; thence south a':ng; said east line to the southeast corner of the Southwest 1/4 of Section 29; thence east along the nor*.h line of the northeast 1/4 of Section 32 to the shore of Lake Classen; thence sou herly along the shore of Lake Classen to the most southerly point of Lake Classen ill Section 3' `pence easterly to thu> easy i'ne of the northeast 1A of Section 32; thence southeast along the shore of Lake Classen to the most eastern part of Lake t,Iasscn in Section 33; thence northwesterly along the shore of Lake Classen to the north line of Section 33; thence easterly along t±ie south line of Section 28 to the southwest corner of the southeast 1/4 of the southwest. 1/4 of Section 28; thence north along the west line of the southeast 1/4 of the southwest 1/4 r.o the northwest corner; thence cast along the north line of the southeast 1/4 of the southwest 1/4 of Section 28 to a point 430' west of Pa; 0515d r the cast line; thence north parallel with the east line to the centerline of Co. Rd. 6; thence easterly along the centerline of Co. Rd. 6 to the east line of Section 28; thence south along the east line to the southeast corner of Section 28; thence continuing south along the west line of Section 34 673.531; thence easterly 33 feet to the northwest corner of Outlot A Ringerswood Addi- tion; thence easterly 56.96 feet to a curve deflecting to the south R 350 central angle 150 30'; thence along the curve 94.68 feet; thence south 740 33' 08" E. 274.17 feet to a curve deflecting to the north R 258.81 central angle 560 40' 01"; thence 255.97 along the curve; thence N 480 46' 51" 38.33 feet; thence S 00 23' 53" E 314.63 feet; thence south 880 51' 13" east 590 feet; thence north 00 23' 53" W 960 feet along the west line of the northeast 1/4 of the northwest 1/4 to the northwest corner; thence along the north line of the northeast 1/4 of the northwest 1/4 to the northeast comer of the northwest 1/4 of Section 34; thence south along the east line of the northwest 1/4 to the centerline of T.H. 12; thence northwesterly along the centerline of T.H. 12 to the west line of the southeast 1/4 of the northwest 1/4 of Section 4; thence north 165+ feet along the west line of the southeast 1/4 of the northwest '.`* to the nortl,%,,est corner; thence west along the south line of the northwest 1/4 of the northwest 1/4 to the Uuuthwest corner; Lhence south 11 feet along the east line of the southeast 1%4 of the northeast 1/4 of Section 33; thence west 66 rods parallel and 11 feet south of the n,-)rth line of the southeast 1/4 of the northeast 1/4; thence south 66 rods west of and parallel to the east line of the southeast 1/4 of the northeast 1/4 to the south line of the north 1/2 of Section 33; thence west along th, utn line to the southwest corner of the northwest 1/4 of Section 33, T118, R23 west and there terminating. 051')d r AREA II Commencing at a point on the northeasterly right-of-way line of the Burl- ington Northern Railroad and the west line of the southeast 1/4 of the south- east 1/4 of Section 35 T118N, R N23W Hennepin County, Minnesota; thence north- westerly along the northeasterly right-of-way line to the southerly right-of- way line of the Electric Short Line Railroad; thence easterly along the south- erly right-of-way line of said railroad to the southwesterly line of T.H. 12; thenca southeasterly along said highway right-of-way line to a point distant 385 feet north from the south line of the southeast 1/4; thence west parallel with and 385 feet north of said south line to the west line of the southeast 1/4 of the southeast 1/4; thence south 29.7 feet along said west line to the point of beginning and thc-e terminating. AREA III Commencing at a point on the southerly right-of-woy line of the Electric Short Line Railroad and the west lice of Section 36, T118, Range 23W Hennepin County, Minnesota; thence easterly ilong said southerly right-of-way line 3f the railroad to ,he northwest corner of R.L.S. No. 446; thence southerly 986.45 feet along the westerly line of R.L.S. No. 446 to the northerly right- of-way line of T.H. 12; thence northwesterly along the northeasterly right-of- way line of T.H. 12 to the southerly rii;ht-of-way line of the Electric Short. Line Railroad; thence easterly along said southerly line to the point of be- ginning and there terminating. Page 3. 0515d ARFA IV Commencing at the northeast corner of Section 2, T117N, R23W; thence west 850+ feet along the north line of Seccion 2 to the northeasterly right -of -ray line of the burlington Northern Railroad; thence southeasterly along the northeasterly right-of-way line of the Burlington Northern Railroad to thk. east line of Section 2; thence north 600+ feet along the east _one to the northeast corner of Section 2 ane there terminating. Page 4. 0 515d UGUN';1L WITING Zb: Orono Council Members JUN 9 -198u From: Michael P. Gaffron, Assistant. Planning & Zoning Administrator MY OF CRONO Date: June 5, 1986 Subject: #1033 Royal J. Dossett, 2795 Pheasant Road •- Variance Resolution Please review the Planning Commission memo and exhibits of 5,'15/86 (attached), also the notice of Planning Commission action and sketch dated 5/23/86 (attached) and Planning Commission minutes of 5/19/86. Applicant is requesting hardcover variances for both 0-75' and 75-250' setback zones, and proposing structure (screen porch) partially within 0-75' zone, also an average setback variance. Planning Commission reviewed the application on 5/19/86, and recommended approval of the screen porch and a portion of the patio as shown on the 5/23/86 sketch. Planning Commission felt that the sidewalk and deck leading to the side door were unneccessary and not just-ified. The revised variances as recommeneed by Planning Commission are as follows: 0-75' 1) Structure in 0-75' zone 2) Hardcover: Existing = 100 s.f. (steps to lake) = 1% Additional propc;sed per Planning Commission recommendation = 380 s.f. = 3.4% TOTAL :n 0-75' = 4.4% 75-250' Existi_nq Hardcover 6,456 s.f. = 26.4% Proposed hardcover per Planning Commission recommendation = +52 s.f. = 6,548 s.f. = 26.7% A resc.lution ref ecting the Planning Commission recommendation is attach, for your review. Regarding the request to eliminate the requirement of a full survey of the property, staff would recommend acceptance of the verification by a s•irveyor of the hardcover percentages and Lakeshore setbacks of the existing and proposed structures prior to issuance of permits. (Any discrepancy would be returned to Council for review.) ZONING FILE NO. 1033 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 5/23/86 -------------------------------------------------------------------------- TO: COPIES TO: Royal J. Dossett 2795 Pheasant Road Excelsior, MN 55331 ------------------------------------------------------- ------------------- TYPE OF APPLICATION: Variance --------------------------------------------------------------------------- Date of Meeting: 5-19-86 Vote: 5 For 0 Against Planning Commission recommends the following: Approval: Subject to conditions noted below NOTIM %ND SPECIAL CONDITIONS: Recommended approval of porch and partial patio hardcover as shown in attached exhibit. --------------------------------------------------------------------------- Applicant's next scheduled meeting is confirmed as: Council June 9, 1986 If the applicant has trouble obtaining additional information, please contact the Zoning Department (473-7357). If you desire cr_rtified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. ZONING FILL: NO. 1 0 3 3 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 5/23/86 --------------------------------------------------------------------------- TO: COPIES TO: Royal J. Dossett 2795 Pheasant Road Excelsior, MN 55331 --------------------------------------------------------------------------- TYPE OF APPLICATION: Variance ---------------------------------------------------------------------------- Date of Meeting: 5-19-86 Vote: 5 For 0 Against Planning Cimmission recommends the following: Approval: Subject to conditions noted below NOTES AND SPECIAL CONDITIONS: Recommended approval of porch and partial patio hardcover as shown in attached exhibit. --------------------------------------------------------------------------- Applicant's next scheduled meeting is confirmed as: Council June 9, 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 frc *he City Recorder after review and approval by the Planning Commission. I To: Planning Commission Members From: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: May 15, 1986 Subject: #1033 Royal J. Dossett, 2795 Pheasant Road - Variance Zoning District - LR-1B Application - Request to add structure and hardco- er exceeding limits in the 0-75' setback zone, average setback variance. Lot Area = 44,590 s.f. = 1.02 acre Existing 0-75' Hardcover = 0-1% (steps to lake) Proposed Additional 0-75' Hardcover = 514 s.f. = 4.5% Existing 75-250' Hardcover = 6,456 s.f. = 26.3% Proposed 75-250' Hardcover = 6,669 s.f. = 27.2% Proposed Structure in 0-75' = 101x10' Glassed-2n Porch List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Photos Exhibit E - Letter of Request Regarding Survey Exhibit F - Hardcover Calculations Exhibit G - Site Plan Exhibit H - Relationship to Neighboring Homes Exhibit I Relationship to Lake (cross-section) Exhibit J - Yloor Plan Exhibit K - Elevation Sketch Exhibit L - Letters Fr-m Neighbors The applicant is req,. _sting to construct a patio and porch onto his existing home. The axisting house is 77' from the lakeshore, hence any usable space created will require variances for structure (porch) in the 0-75' zone, hardcover variances in both 0-75' and 75- 25%-.4' zones, and an average setback variance. First, note that the house sits 15-20' above the lake on the flat terrace with a steep bank to the lakeshore. 'the neighboring house to the east is slightly closer to the lake (Exhibit H), and sits at a lower level.. A thick growth of pine trees will serve to screen the proposed addition from this residen,:e. On the west side, the neighboring house is setback perhaps 100' and would not have any view of the porch addition. Both neighbors have submitted letters of support of the proposal. Next note in your site inspection the location of doom on the lake side of the house. One set cf doors was recently installea, the other Set has always been there. There apparently has never beer, a terrace or patio onto which the doors opened out. Zoning File #1033 May 15, 1986 Page 2 of 2 The house sits upon the approximate drainage break of the property. If the applicant maintains a system of gutters directing all roof drainage to the north, the only run-off moving to the lake on the south side would be generated within the 0-75' zone. In recent applications, the Council has allowed minor encroachments into the 0-75' zone: #1006 Palm, 1710 Shadywood Road - approved additional structure in place of existing patio hardcover, not to be any closer to the lake than existing hardcover. 0-75' hardcover 17.5%. 4983 Pemberton, 3580 North Shore Drive - approved new structure and hardcover in 0-75' zone. 0-75' hardcover 20%. # 9 4 3 Purdy, 1975 Eagerness Point Road - approved additional 72 s.f. of structural hardcover with concurrent major removals of other 0-75' hardcover (reduction from 24.3% to 13.9%). #932 Edwards, 2474 Carman Street - approved variances for a new residence to be constructed partially within the 0-75' setback area based on 1) surface drainage naturally graded away from the lake, and 2) lakeshore at both front and rear of property so that neighbors requested that location of new house conform to the existing houses for view purposes. 0-75' hardcover 15.8%. #920 Fegers, 3590 North Shore Drive - approved variances to allow a deck and screen porch of 123 square feet in 0-75' setback area with concurrent removals of 0-75' hardcover resulting in no net 0-75' hardcover increase. Approval 0-75' hardcover 3.2%. #907 Bigham, 1545 Long Lake Boulevard - allowed to increase 0- 75' structural hardcover from 1.9% to 3.3% due to location of existing house. These are applications from 1/l/85 to the present. Additional similar applications have been approved prior to that. date. In order to recommend approval of the Dossett variance requests, you should make appropriate findings justifying that approval. In regards to the request to eliminate the requirement of a full sLrvey, staff would feel comfortable with a verification of the hard- covor and side and lakeshore setbacks of the existing and proposed structures. CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Pact Fees (Double application fee) --------------------------------------------------------------------------- PROPERTY LOCATION Site Address o2�50- uh , Property Identification Number (P.I.D.) OOOoZ. Please check one - Is the property abstract or —z— torrens? Please attach legal description to application if not included on required survey. APPLICANT Name Mailing Address -------------------------------------------- OWNER Name S (I ""ti Mailing Address Phone 4 �� %� ��•. ,A� WV - Date Property Acquired %Ol %S (month/year) I (do) do not also own the adjacent parcels of land. ------------ i--------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District Present Use of Property_ Residential Other (specify) ------------------------------------- ------------------------------------ DESCRIPTION OF REQUEST Estimated Construction Cost $ -JflJ ,2 Describe request in detail: ��+fia �� -� j)�l(� / - %� Av.`i __ --T -------------------------------------------------------------------- VARIANCES RRQUIRED Lot Area Lot Width J Hardcover Setback Variances ( Front Side Rear) Other r 75 --------------------------------------------------------------------------- HARDSHIP Describe undue hardship or practical di ficult7 resulting from str.ct enforcement of zoning regulations: 'h� --------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: ►;.��.,. h� a� ''/=�ACI�- ��R G --------------------------------------------------------------------------- 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-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 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. --------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. c Applicant's Signature Date -;�1- OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investiga- tion and verification o;this request. Owner's Signature /*N4 ) Date �h F Applicant must have all ubm ttals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. lfO i • � . p,` �. y•f �'OYTIOT 3�•' a � r,,,•��'. .' . to �S i � R - ,PORT Ckq 41 .1(� � it A •'v `r, '� � � ,� "�ti ICE ;`\ /• :` A N m a r H E/ G;i r s Lt �1 _\ R.L.S. N • ' • �r '� - ,f h he Sao ti y N. I �� - ch RLN DATE 05/08./36 BATCH 006 38 21-117-23 23 0014 PROP ADDR 011N—=R N:,ME PHEASANT LAW HOMT=4FlS TAXPAYER PHEASANT LAWN HOMEO:.?:EPS NAME/ADOR 2760 PLEASfJNT RD i^ EXCELSIOR t24 55331 38 21-117-23 32 0001 PRO? ..07R 02791 PHEASANT R0 W ER NAME L tt A L C SLIF.MET TAXPAYER LELA:10 N SLAZOET NAI:_/ACDR 2791 PHEA3A11T RD EXCELSIOR R'.N 55331 r 33 21-117-23 32 C004 PROP ACC? 02800 PHEASANT RD C: `:ER NAME CAROL H BURGESS �- TAXPAYER CAROL H BURGESS NAME/AnDR 2800 P1iFASANT RD EXCELSIOR MN 55331 P"CIEPIN COUNTY PACPEPTY INFORMATION SYSTEM PROPERTY LIST 38 21-117-23 23 0015 CZ760 PHEASANT RD ED:4ARD M MA11ONEY ETAL EDWARD M MAHONEY 2760 PHEASANT ROAD EXCELSIOR MN 55331 38 21-117-23 32 0002 02795 PHEASANT PO ROYAL J DOSSETT E WIFE POYAL R SYNNEVA DO'-z:;ETT 745 PHEASANT ROAC EXCELSIOR MN 553=1 38 21-117-23 32 0005 02739 PHEASANT RD PAUL L PCHLE ETAL PAUL L FOHLE 2789 PHEASANT RD RR 2 EXCELSIOR 111 55331 C-0 oil 0 REPORT PO. PI435401 PAGE 12 38 21-117-23 23 0081- 027E5 PHEASANT RD STEPHEN L BAK.KE ETAL STEPHEN L BAK.KE 2765 PHEASANT PO EXCELSIOR mvi 55331 ,8 21-117-23 32 0003 02799 PHEASANT PD ELMER J MARTIt1SON ELMER J MARTIN50H 2799 PHEASANT RD EXCELSIOR MN 55331 TOTAL BAT;Y 006 00003 I CERTIFY THAT rNE FACTS REPRESENTED ARE AN ACCURATE AND TRVE REPRESENTATION OF INFORMATION AS IT APFEAPS THIS DATE Ott THE o7ECORDS OF THE H.t21EPIN COUNTY CEPAPTKENT OF PROPEP.TY JAXATION, Tp j}iE BEST OF MY KNVALEDGE kN`3=ELICF. /. / } -"-.Yl / DAT6-- -/ T // f9 7 April 29, 1986 Planning Commission City of Orono Due to the high estimated cost r` ^ full survey (to $850), I would like to appeal to the Commission to rely mewhat the requirement:; involved in seeking a particular variance. Oi:r house sets back 77' from high lake level. The 0-75' area is 150' wide, and currently has 0% hardeove.•. The house was built arcund 1943 and may or may not have had walks, patios, etc. in the past (we tore out some aging flagstcne once). The area is well -screened by spruce and other trees on both east and west property lines. The two egresseo '.7 the lakeside, kitchen (new) and dining room (original), currently step out onto grass. There is marginal opporturity to use the '.akeside due to either wet grass, mosquitoes, or bees, or all of these. And L ;re is a great deal of tracking into the house from the lakeside. We would like to add a three -season (unheated) porch and patio covering approximately 5% of the 0-75% area. The neighbors on either side (lots 10 and 12) have no objections. The current hardcover and proposed hardcover are approximately as follows: current 0-75' 0% 75-250 261 250-315 5% proposed 5% 26% ( about 20% 5% ( of 75'-315' area Enc)rlsed is a e cti,.a of a plat, plus a sketch of the , operty showing existing liar -er erd variance desired. Dimensions are from existing iron corners NE, SE, SW, and existing iron stakes along east property line. Due to the large land .r^.a and conservative existing hardcover, and since the variance only affe,:ts the 0-75' area, we would like to request the Commission only require certification of: 1. setback from lakeshore to hcus 2. approximate irrent hardcover �,Rgc" :"he major costs of a survey would be 1) confirming the existing corners, a moot Fcint since it is the setback from actual lakeshore that is of concern and not from property lines, and 2) sliver -accurate hardcover measurements (especially ,'..,iveway), again a moot point since hardcover beyond 75' is conservative and not eirectly involved in the variant..:. I appeal to your sense of reasonableness. If the proposed variance is reasonable, and a full survey can 1— waived, I will submit a fz)rmal application for variance and hire a surveyor to _:,urn .nd certify setback dimensions and hardco% percentages. Thank you for you,- ottprtion. if Royal J Donsett 6)3 2795 Pheasant Rd Excelsior, MN 55'13l 471-9252 (home), 471-0240 (of r) ORONO HARDCOVER CALCULATION WORKSHEET LAKESHORE A. Existing B. Existing C. Existing D. Proposed E. Proposed F. allowed SETBACK lot area hardcover hardcover hardcover hardcover hardcover ZONE in zone in zone percentage in zone percentage percentage ((B.A) x 1001 _(D.A) x 1001 0-75' sf sf O % J sf 7� 0' 245 sf �i� sf o G►`'h� sf�in..� �o L5 `i 7 5-25' — 25t - _ 00' 4 � sf �d� sf % Sdf'�-C s f 30 500-1000sf sf °� sf_ r/o 35 PLC Directions: A. Existing Lot Area in Zo.. - includes the total square footage of dry buildable land within the specified zone. B. Existing Hardcover in Zone - includes the square footage of existing roofs, decks, sidewalks, driveways (travel or paved) and other rain -impervious surfaces a thin the specified zone. C. Existing Hardcover Percentage - divide the number in B by the number in A and multiply by i 0. D. Proposed Har'^over in Zone. - includes the existing hardcover plus all proposed additional hardcover. E. Proposed Hardcover Percen'.a^es - divide the number in D by the number in A and multiply by F. Allowed Hardcover Percent-g-s - 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 existing hardcover matches the additional hardcover proposed, resulting in no net increase of hardcover in a specified zone, a variance may not be necessary. #1033 t04 it So7bi as Sb�d Y� =d6� �. Vp,ria�,ce 00 sb S 4 = 4•b�� #1033 i� AGO n[ 1,j tpl . +�oxro}_213� 5bi : bjk*. � irk D•� vc �.45�� z as zs0 CXi,t l n v 7SX►So = 1J N? E S 31 v�� S Sb' 771 ► ��- c' 2 V4 a.h f /F4 to _. lvev% iotop AV ,C ,1 L� r�( ZZ h _ 45 4 24' 0 g3e• lejeI Lc. k�G 1 V- h-tee. �.0 s4 z� � �.�. of, iiiiii 11 700,01� Z4,--- 6 *'1 174- C- q�ikc� la�� # 1033 �� 4 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 & 2 AND SECTION 10.55, SUBDIVISION 8 FILE #1033 WHEREAS, Royal J. Dossett (hereinafter "the applicant") is the owner of the property located at 2795 Pheasant Road within the City of Orono (hereinafter "City") and legally described us follows: Lot 11, Block 1, Pheasant Dawn, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the applicant has appliE, to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 and 2 to permit t'le construction of a screen porch, drPck, and patio which ronstitue structure in the 0-75 foot lakeshor�_- setback zone where no .tructure is normally allowed, and increasing hardcover in the 0-75' setback zone from 18 to 5.5% where no hard -,vei is normally allowed, and increasing hardcover in the 75-250' setback zone from 26.4% t_-1 27.2% where only 25% hardcover is normally allowed, and which .-ill extend closer to the lake than the averac _ stance to the lake of the adjacent properties. NOW, THEREFORE, BE IT RESOIVED by the City CQu. cil of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1033. The property is located in the I.R-lB Single Family Lakeshore ,sidential Zoning District. 3. The Orono Planning Commission reviewed this application on May 19, 1986, and recommended partial approval of the proposed - ariances based upon the following findings! A) The screen porch as proposed will not encrcic, y views enjoyed '_)y the neighboring property owners. l-he neighboring property owners have expressed their support for the proposal. R) The majority of the drainage from the existing house away from the lake andonto the 75 -250' setback zone. applicant maintains a gutter system dire^ting roof drainage to the 75-250' setback zone, t.h:! only ru,.af f moving directly toward the lake will be that generated n the 0-75' setback zone. Page 1 of 4 C) The screen porch d a portion of the patio are reasonable to allow the applicant enjoyment of his lakeshore yard, but the sidewalk and small deck near the west entry door area is unnecessary and not justifie. 4. Applicant's hardship is the location of the existing house which was constructed prior to the 75 foot setback requirement. 5. The City Council has considered this application including the findir ; anc recommendations of the Planning Commission, reports b} ,ity staff, comments y the apl cant and the effect of the proposed variance on the health, safery and welfare of the community. 6. Tne City Council finds that the conditions existing on this property are peculiar to it a±- do not apply generally to other property in this zoning di. Pict; that g, Titing the variance would not adversely affect traffic condi_ _ns, light, air nor pose a fire hazard or other danger to neighboring property; would not merely rve as a conveni -ice 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 ut the Zoning Code and C:ompreher 've Plan of the City. CONCLUSSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances, as amer'ed herein., to the Municipal Zoning Code Section 10.22, Subdivi.!-ion 1. t permit the construction of a screen porch located 65' from the lakt. hone where a 75' setback is r.-rmally required, and which screen porch is located closer to the n eline than the average di tance fom the shoreline of the _,acent residences; and grant:; variances to Sections 10.22 Subdivis`.on 2 and 10.55, Su' -)division 8 to allow an i crease in hardcover from 1% to 4.4% and allow structure within the 0-75' lakeshore setback zone, and to allow as increase in hardcover in the 75-250' lakeshore setback zone from 26.4% to 26.7%, subject to the following conditions: 1. Hardcover permitted in the 0-75 100 :, f . - stairway to lake 100 s.f. - 101x10' portion of 280 s.f. - pati,.-) and deck of to 7reen porch and foot setback is limited to: screen porch apE_ -)ximately 101x28' adjacent parallel to house 480 s.f. TOTAL or 4.4% hardcover, as shown an Exhibit A attached Page 2 of 4 r 2. Hardcover permitted in the -250' setback zone is as follows: House 2,0 . s.f. Driveway 3, ,.80 3.f. Shed 501 ..f. Pz- +. io/Deck 60 s.f. -� -st Entry ^,,..cps 32 s.f. 6,548 s.f. or 26.7% Hardcover, as shown on FxhLb,.t A attached. 3. Applicant i:; advised that any future proposed additions which result in increased hardcover o,. the property will not be approved, and might be approved only with concurrent removals of exist ag hardcover salting in no net increase in hardcover. 4. App' cant provide verification, certified by a s_ eyor, the < ing lakeshore setback of the existing house and of the haL'dcoveL percentages on the property, prior to the issuance of a building per-.-.i.t. 5„ Authorities granted by this variance run with the property not with the applicant, but are permissive only and must F-xercised by application for a build' ng permit within one year '.ie date of Cot- '_ approval, or this variance will expire on fiat date (Jung. 5, 1987). Violation of or non-compliai.ce 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 puniEhable as a misdemeanor. 7. The un,:Qrsigned applicant he, mad, understood and hereby agreef, to the terms of this reso 1 ut n and on b ^ha 1 f of himae 1 f , .lie rr: a� ccessors and assigns, hereby agrees to the xecurdar• a: thi solution in the chain of title of the prep, .t-,•. Adopted by the Orono City Council on this 9th day of June, 1986. ATTF ST Dorothy N. Hallir., City� -k Mary ( Bu;,ler, Mayor Prurprty nwner(s) -- Page I of 4 I X �,jdhr'!L MUIING To: Orono Council Members JUN From: Michael P. Gaffron, �r�11 �I: �� Assistant Planning & Zoning Administ-ator Date: June 2; 1986 Subject: 1986 Joint Use Dock License - Minnetonka Power Squadron List of Exhibits Exhibit A - '986 Joint U ick License Application Exhibit B - 1985 Joint Us )ck License Application (for reference) Exhibit C - Yt;-DOSC-d 1986 Joint Use Dorx License Resolution The Power Sq; rl L� guesting a 1986 Joint Use Dock License, with no changes fiv.;w previous licenses granted. The applicant is again for a total of 45 slips, which are lai" out on 12 docks. We have received no complaints regarding the Power Squadron operation. The property continues to be well -maintained and meets the City's sanitary requirements. Staff recommends approval of. the 1986 Joint Use D4 K License for the Minnetonka Power Squadron per the attacred resolution. Mr. Snook as) ed whether the City would waive the $25.00 late fee. I told him a,• wr,-1 I have to requE_ this of the Council. The late fee was not inc l.i. -i with the application fees submitted. Staff wuuld recommend waiving the late fee for this ?replication ba3ed on the points brought up in Mr. Snook's letter of request. ip r � (� _� �r �, � MINNETONKA POWER SQUADkW ------____ _____J A UNIT OF 1"H[ UNIT[O STATES POWER {OUAORONE May 30, 11)86 City of Orono P.O. Box 66 Crystal Bay, MN 55323 ATTENTION: Mr. Mike Gaffron, Assistant Zoning AdminVitrator REFERENCE: 1986 Joint -Use Docks License Application for Minnetonka Power Squadron Dear Mr. Gaffron. Enclosed is the Application iur- 1986 Joint -Use Dock License for the Minne- tonka Power Squadron together with my personal check for the applicable fee ,f $110.00. As I indicated on the application :here is no change from the information for our 1985 joint -use dock license. Although this application was mails ment, somehow it was mislaid on my attention. You indicated in oL be possible for the city council to application. In a timely manner by your depart - end and has just recently come to elephone conversation that it might wai,,f- the $25.00 late fev for thi In view of the nature of our organization, the excellent working relation- ship that we have always enjoyed with the City of Orono, and the fact that our lateness is an administrative oversight rat' -or than an intentional disregard for your licensing ordinance, I respectfully request that the City waive the late payment fee on this application. If the City Council finds that they are unwilling to waive the fee, please let me know and I will forward it to you. Thank ,, ou for your assistance in this matter. Sincerely, Rvcvzo Mhuietonka Power Squadron Robert W . Snook (507) 263-3911 CITY OF ORONO LICENSE Y171AR 19 P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 association) ANNUAL JO` USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff, /-3 -f'6 Date Application Returned to City J— ,3a - g6 o-r7 ice q (2-0 Fee Recived $ r By Employee---` ' - gZ Section 5.42 Subdivision 2. LICENSE REQUIRED - It is unlawful for any (group or association of persons or families, more than two in numbez, whether incorporated or not) to engage or"participate in ... joint u.se (uf any lakeshore property) without first having obtained a licens•s therefor from the City. PLEKSE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY FEBRUARY 1 OF THE LICENSE YEAR. . ASSOCIATION INFORMATIG.: 1. HP Hp� i Association title or name (if any) Take _Bay - Prirson responsible for this application: Name w _ . Phone SID% 2 6 3 - 3� Mailing Address%y' Yff2y '/I' /�'Xi. �lG��.i,/l�fi✓I F?lationship to association__ I 4. Acsocintior. is (,--heck an11licWle items): _ unlncorj�orntcd homea-vrier's grou .,,. incorporated Homeowner's Association. unincorporated club or recreation group. incorporated club or recreation group. 5. Princij�al purpose of joint use dock is (check applicable iteaxs;+: provide boat mooring and lake access for residential property. provide swimming recess, beach, or offshore dock. provide a club or association gethering plece for activities. 6. Dock is located on (check applicable item): one member's private property. easement or outlot owned in common. property leEsed by the group/associetion. property owned by the group/associetion. 7. List D)ck location and ownership information: street cddress SIG �5 Lc.+�!�> ��2�►�fl �vT i� � __ legal property description �;� T f- L.S 1 2-9! PIDl�GZ- listed property oumer(s) 8. Names of abutting lakeshore property owners: North (Name + Address) (So/East)Cr- . P/4grs (Name + Address) Names of other affected property owners: (Name + Address) (attach she-t if n-cessar,-'� 2 of 5 ('::vur, -e - T: e SC.i ;cr er`� ow::er's .:o:,:ccwner's ?'off ic,, separate L� ,:,,/essoci.r_tion owned .�i:_t the followin;; information: name of insured nante of insursnce carrier name cf insarsince ogency policy no. effective date of coverage amount of coverage; i'ublic liatil'_t;, per person, per oc,_;urence 5 Pub1'.e liability, :er occurence $ 1D' Security and _policing o, the jointly used dock and 1-roperty is provided by (check eppl.iceble items): _ fencing. _ security lighting. proper,;; owner's presence. contract security, service. other (specify) DOCK IIVCWTIOX 11. List Dock Use Area Specificatiuns: Width of shoreline; ft. :..matt; of main dc(sic from shore; ft. Dock setbacks from side pr-)Dert;/ lines at shore; ft. and ft. 12• Dock Construction (check applicable items): _ seasonal dock (relocated or replaced each year). permanent piling With seascnel deck. permanent piling and decking. Wooden decking. _ metal deckirg. 13. List Dock Accessor!es: Number of fire extinguishers evaileb.e at tie deck Number of life preservers available Rt the dock 19' List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips Transient(da;; use) off -shore buoys Permanent moorage slips Permanent moorage off -shore buoys Dry storage (rack) slips Maximum number of boats at the dock ' 5. List number of off-street Narking spaces available for users of the joint use dock. Parking, '.f ;provided must not be selarsted from the dock by any public rood. daces. 3 of 5 Ei0510:1i ANi) S,,DIMF,'PI'i+'I'T0N CC'•,^'H(a 16. Siiurallne 's protected (ct:eck a .�-iceole il.ena): _ stone rSI) rap- wood seawa1.. rietel sen al I- curicrete seRwall. grass and vegetation only. other (specify) 17. Depth of water at shoreline is ft; at 50 ft. out is ; a;. 100 ft. out is REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on -land functiins are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2. A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in (state year) and on file with the City.` Applicant's init:. is C. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. A statement as tn the total number of members in the club or association. • members. 3. A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by --laws as originally made or l,,st amended in (state year' and on file with the City." Applicant's initials Paae 4 o` 5 D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application fee according to the current City Fee Schedule. RENEWAL JOINT USE FEk., per year $ 20.00 PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy --� S slips @ $2.00 each $ 90.00 TOTAL DUE THIS APPLICATION $ IUD -DO LATE FEE - Renewals Applications for renewal of licenses shall be made no later than February 1 of the license year. The City shall not accept renewal license applications received after February 1 unless the application is accompanied by a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also h,y the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJEC— nOC ',.Y BE INS`: %LLED AND/OR OPENED FOR USE ONLY UPON APPROVAL i dE LICENSE BY U`E CITY COUNCIL. ' Pursuant to Section 5.42 of pie Orono Municipal Code, the applicant hereby requests the Orono Ci:r, Council to review this Joint Use Dock • License Application, and agrees and authorize- the City of Orono and the City's employees anA agents to enter upo he property at any reasonable time to perform safety and code c,-mpliance inspections. Signed R 111rp-_Date S"lb -JG Parle 5 of 5 CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 (association; ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff 12-31-84 LICENSE YEAR 19 85 Date Application Returned to City % /-� Fee Recived $ by Em to ee .� Section 5.42 Subdivision 2. LICENSE REQUIRED - Ic is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) without first having obtained a license therefor fr-,r the City. PLEASE COMPLETE ALL ITEMS AND SULMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY FEBRUARY 1 OF THE LICENSE YEAR. ASSOCIATION INFORMATION 1. Association title or name (if any)_ M;NNETONKA POWER SQUADkON 2. Lake MINNETONKA UV BIG ISLAND 3. Person responsible for this application: (507) 263-3911 Business Name R. W. SNOOK ,.__Phone_ (6122) 929-4453 Home Mailing Address_ 5628 JOHNSON DRIVE, MPLS, MN 55436 Relationship to associa`, ion - MEMBER-- LIAISON OFFIEEK Page 1 of 5 4. A!�socint'AoP i. ;,lic ble items): unircc:ri.rrutcd `o!;eov-ner's grou.1. incorporuted Homeo:mer's Association. unincorporated club or recreation group. incorporated club or r-crestion group. 5. Frincilal_ p:upo-�c of joint use dock is (check arplicable items): provide boat mooring and lake access for residential property. rovide swi:tunirk; vcccss, beach, or offshore do ,k. X provide a clues or association setheriag plece for Rctivities. 6. Dock is located on (check applicable item): one member's primte property. easement or outlot owned in common. property leesed by the group/essocietion. X ;roperty owned by the group/association. 7. List Dock location and ownership information: street cddress BIG ISLAND legal property descr'_�,,tion PIG i listed property owner(s) 8. Names of abutting "_keshore ;)roperty owners: (North/west) ABUTTING CHANNEL (Name + Address) (South/East) PARK AREA (Name + Address) Names of other affected property owners: N/A (Name + Address) (ttttactt sheet if necessary) 2 o 1' 5 9 m e Ji , . _ ' . na -., ' t.:e f^! .ovine: Sf,.! f �IiSI�. Oni. Ci: _ s:v�;�ei-;.;; :v,-:se•.lr:. :so:.;ec «rr l.l� ;.o: icy'. X septirwe icon uv'ne! -i�J- i,he followini; informbl.iurs: name of insured MINNETONKA POWER SQUADRON :same of ilssurence carrier SAFECO INSURANCE name cf insarnnce e-es,cy iJElSOiv AGENCY T policy no. _ effective dnte of coverage LURRENT e'ncunt of coverage; blic .�.1eLi1'_,,,,', i••:r r,crs:;n. ier occuren.:e $ • Fubl'c :'_ability; l.er occurence $ 1,000,000 10 • Security and nol.icing o: t'sse jointly use:_ k oral Pr-j;.•c_-ty is i,rovided by (cneck appliceble items): fencing. security lighting. X proper:;; ovmer's present. '"ART -TIME) �. contract securit; service. other 'eheciry; DOCK IPiFGMATION 11. List Dock Use Area Specificrativns: W'Ldt.n of shoreline; - f't . Lengti. of ssai a doc,ic frow shore; ft. Dock setbacks frons side property lines sL shore; :t. and ft. 12. Dock Construction (check api !,.'pie i 1 cros ). X seasonal deck (relc:,csted--e',laccd ef,ch year). —_ permanent p1linC with seasonal deck. _ perTmanesn, and decking. wooden decking. metal decKir:"-. 13 "Ast Doc',AccesEories: Number .- fire extinguishers eve.ilable ut the dock GN BOATS AS REQUIRED Number of life preservers avellabl.e at the deck ON BOATS AS REQUIRED 14 List r.umber of sill,, in each Category ("s, :s" includes boat lifts): Trans ier t (day use on)y) al ps 45 . '±•ransient(day use) off-r.nore buoys 'rmenant moorage slji j T f-r-nanent n^ ,err of r -shore biy-ye Dry storage (rec:c) s ins MHxiirisun niunber of beats at the do•.,k 45 List nur.a:Qr of off-street }larking spaces-val'at•le for users of the joint uric lock. Yanking, !f }provided must not. be =. •ar..:,ed 4'roni the sj,>ck by any publi, mad. N/A enacts. • �1<)S!0.. A'!f7c S*-1lKM; AT!0E C( i.;7Tho l 16, 3nurzline .'.s Uy (c+.eci: a. i icyi,..e : te,i,r.): X stone rile rah,. i wcid : enwai . meLal senwa: 1. concrete seawall. _ gi-sa and vegetetion only. other (ci:ec-ify) ^_ 17• L*-, . of water at ,rclJne is 0 0t; at 50 ft. out is 20_; at 100 : t. out is REQUIRED ATTACK, .'S The following roust accompany this appiication: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the `,oreline width of this property, the side property lines and the location, layout and dimen::ions of all docks, slips and buoys. If off-street parkin?, dry storage or other on -land function:: are intended, these also should be shown on the plan. SAME AS LAST YEAR. P. UNINCORPORATED GROUPS Of ASSOCIATIL..+S 1. A list of the names and mailing addresses of all membv d/or slip users. 2. A certified copy of the by-laws or a3a _..ent for joint Note: T!.is cc:py is not required if the applicant init_.,ls anti certifies the following Ltatement: ",is i,: a reir-wal applicat.un and our joint use dock is to be operated urd..a the same i`y Ikws or agreement originally made in (state year) ar-A on fil k.Ltis the City." Appli. is init:.als C. I14CORPORATED "BS OR ASSOCIATIONS 1. list 01 le r-i is, mailing ad,' -sses and titles cr all corporhti_;• ' A statement a 1..0 the total number of members in the club c..- as-> .ation. Oo members. • 3. A ci;cop-, cf the articles e• incorporation and by-laws of he corporation. Nate: These are not rcauirc.d if the rpplicant initials an,-tifies the followin, went: "This is a renewal -lication and our jt _ use dock is to ae ope red ender the same articles of • _ peration and/or by-laws as originally made or last amended i:, 1984 (state year) and r•n fiie with ti,e Li_y. Applican_'. -.nit +l.s ,'aac, 1 5 D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application fee according to the current City Fee Schedule. RENEWAL MINIMUM JOINT USE FEE, per year $ WAR 10.00_ PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy 45 slips @ $2.00 each $ 90.00 TOTAL DUE THIS APPLICATION $ 100.00 LATE FEE - Renewals Applications for renewal of license, shall be mace no later than February 1 of the license year. The City shall not accept renewal license applications received after February 1 unless the application is accompanied by a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the appli— tion will be reviewed by the City Council and, in the case of n,,- d or unusual applications, also by the planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock .License Application. 7!,id agrees and authorizes the City of Orono and the City's employe, jr,' agents to enter upon the property at any reasonable time to {e►; ~safety and code compliance inspections. S igned t/ IV _ / _. _ --Date ` �/— J I'a(p. S c6! 5 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO MINNETONKA POWER SQUADRON SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 198F TO DECEMBER 31, 1986 WHEREAS, the City of Orono, ioreinafter "City" is a municipal corporation organized and existing under the laws cf the State of Minnesota and has the authority and re.sponsibil4ty under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent. jurisdiction Ter th-� primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota- and WHEREAS, the regulation of the navagable waters involves an exercise of police p-wer of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; d WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate tine property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoininq their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights -)f riparian .)wnprs, whether or not they be commercial marinas or residential owners; WHEREAS, as to lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can b,� no dispute, but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the F _olic.• but the right to each riparian owner. Page 1 of This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capabl,� of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursiant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to .3et forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint usc- Dock License described on Exhibit. A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dor-k License according to the facts and conditions noted on Exhibit h attached. Adopted by the City Council of the City of Orono at their meeting on the 9th day of June, 1986. ATTEST: Dorothy M. Hallin City Clerk Mary C. Butler, Mayor Paget of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCL FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Minnetonka Power Squadron Dock Address: Big Island, Record I.ot #5 Agent: Robert W. Snook Address: 5628 Johnson Drive, Minneapolis, MN 55436 Licensee is: unincorporated homeowner's group incorporated homeowner's association unincorporated club or recreation group XX incorporated club or recreation group other License Period - January 1; 1986 to December 31, 1986 II. BOi�T DENSITY The number of in -place boat slips, lifts and buoys sha' 1 not exceed the nu-.iber shown on the attached plan, Exhibit b, and i.n accordance 1.1jith itesolution 938, in no case shall the number of authorized boat slips, lifts, or buoys -xceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Lower Lake Transient (Day use only) Slips 45 Permanent Moorage Slips - Foat Lifts - .pub -Total: Slips at Dock 45 Offshore Buoys - Maximum Boats in Water 45 Maximum Boats per prior license 45 MAXIMUM IOAT DENSITY - J Exhibit A Resolution No. Page 2 Exceeding this maxiin,,,m boat density, or exceeding the number of permitted slips, .lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. •III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit R. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. None V. Nothing in this license shell confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by tnis resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordindnces as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. S ti•w it •.a p Trod o - . 1 1943 Dr¢o%zC/ x1y /e e'y. : S ��'� f o 1 t 601. 4t t ;�13t o -s RL . Q •.-% S. Nss'SsY 1�,«• - �'fr',. 1 Drell 1 IV INTERP.RETATIVE.DRAWING•OF BIG ISLAND FACILITY w Scale I" - 200' t i �g II t D 1 M M 1294 Cs) 6 • ��� D' �� is i ' S �\ S V A L V E R to COUNTY NENNE-P!r � � (Nvr+ta�c• l yt3 C.'i LW r AR��r COIL AREA C'�R�R7yI7Y DLVEL )p4-.Nf Highway 12 Corridor Navarre Reeievelopment nviranmental Protection owl SETTING CITY OF OWWU AM PWM E. RMOIWIMt of C17T ADNIN1b'".1fiAi% 5-1-86 40 4-4-87 (-nnx P1 VFS 't>All:S i omplete Study 6/15./86 Develop. -Adopt wwk program. 7/30/86 to initiate any changes Complete required U/31/86 implementation Tentative goals/objectives 7/30; 86 Planning Review 8/30,/86 A.iopt eLoject direction 10, 36 Work on C ty 15 development 7/ 89 5 , , ,is BaZ Vevt... assesstmnt 5/86 Project Feasibility 8/86 If Appropriate Project consideration 11/86 Project bid 11/86 C i m pence Project 4/87 Assess Project 8/87 Complete Project 11/87 .rystal BaY Complete project 71,86 DRAFT 3/28/86 5/ I@/" WA. tli iob Meeting to fina:mu pan direction 5/3J worRing Wltn West':XIKA Chamber Area fcx ba :mess Mee tirwy 5/30 nu progresz 5, 30 construction recommenced To establisr. inspection tour following completijn Complete appeals prcress 12/96 0Rc NIZATifJt3A1, Dt:VF:LOPh"r Kanag-nr•nt Team t'ni. Setting Council Goal Setting Legis-ttive Policy S`R 1C8 DELIVERY Business Strategy Planning TOW RESOURCES MARKED% Fa-- i lit r=•s assessment 1981 WorK plar:;'staff 11/86 1986 staff development 1�-12;8fi Strategic plan review 6-8/86 Policy body orientation 1i87 (New meabrers) D+evPlop 1987 program 10.86 P O11 c" 51,86 Financial strategy 5; 6t, Golf Ccxrrs,� C86 auiidiny and Zoning 7'86 Utilities 8/86 Streets S/M Assessment to Council 4/86 Council direction 6,96 -'o%ensation Develop./Adopt 6/ 86 Comparanle Worth Comaenoe irpLe renta`is n 136 Corp, -rate m+municat�on City Adn,:i-�rstrator Report - Pape r 61,96 - Cagle TV 5;186 5l30 draft underway 5/30 draft underway 5/33 draft ir-;Faway s/86 draf t to zourh i i 5/30 developing cost, financing and site information 6 2 received peeiiainary Comparable Worth results need to refine. Development of plan delayed to 8/ 86 i '66 amm ervoed 4/86 oosmerpoW "486.5 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrato�►it-�� DATE: June 4, 1986 SUBJECT: Cable T.V. JUN J -198U I-ITv OF NINO Attached please find the script from the May cable T.V. production of "Lake Minnetonka News." Please feel free to make comments or give suggestions for future material. PROPOSED MOTION - Moved by ^_, seconded by , to accept information presented regarding ^able T.V. production "Lake Minnetonka News." Ayes ^_, Nays _ f" 1.S btV/ Lu i14 QtWNU KLO 1 LLIV 13 3r' ►ULu 3Uv1l OL KLLL 1 V 1146 � tIlUlA I 1 UN N I I CES a y Cam z THAT WILL BE USED FOR TAX PURPOSES IN 1997. TESTIONS OR COMMENTS CAN BE DIRECtED TO ORONO CITY ASSESSOR;, ROLF ERICKSON OR DAVE WILDE AT 473-10044. PLEASE GIVE BOTH YOUP WORK AND HOME TELEPHONE NUMBERS WHEN LEAVING A MESSAGE. IF YOU ` RlE STILL NO] SAT I SF I Ell , YOU SHOULD APPEAR AT THE ORONO'S BOARD OF REVIEW AT E:00 P.M., TUESDAY, MAY 27TH TO APPEAL THE VALUATION -IN FRONT OF THE ORONO CITY Col tI THI MEETI !ILL HELD AT� ORA. COUN A 1 5 SOUT BRO!' Oi`.D THE R , R CITY COUNCIL MEETING WILL BE HELD FOLLOWING THE BOARD OF REVIEMI DUE TO THE MONDAY HOLIDAY, DEAN: W2 CS DEAN) _ LAST FALL ORS),. UNDERTOOK A STUDY OF THE CURREN[ 7.0NING AND (Ready Caml SS�f3ET►j-- LAND USE IN A CORR i DOR ALONG H I GH'IAY 12 BETI-!EEN COUNTY ROAD 6 AND THE RAILROAD TRACKS. THE P!!?P C►SE OF THE STUDY RYAS TO DETERMINE THE APPROPRIATENESS OF THE CURRENT LONING AND TO SEE IF OTHER ALTERNATIVES EXIST. lfr7URK-s7l�wm OUR OF AREA �! I /JUNE HELD FO THE COi NC t i ANn FLGl1LA1 OMM ON MEMBERS SEC6NDj SHOULD YOU HAVE ANY OUESTIONS OR COMMENTS, PLEASE FEEL FREE TO CALL THE OPONO CITY HALL AT 473-7357. CONCLUDING A 28 YEAR CAREER, ASSISIANT POLICE CHIEF W I,N ION BURNASTER RETIRED FROM THE ORONO CITY APRIL 30TH, A GOING AVAY PARTY WILL BE HELD FOR CHIEF BL'RMASTER ON JUNE J4TH, AND THOSE INTE°ESTED IN ATTENDING SHOULD CONTACT CHIEF MEL KILBO AT '173-77108 BEV: CAM1 SS BEV FOR THE YEAR ENDING DECEMBE° '1ST 1935, THE CITY OF ORONO Ready Cam2 WS BEV TOOK IN A TOTAL OF 5.7 MILLION !)OLLA.RS I'll PECE I PTS, EXPENDING JUST OVER FIVE MILLION DOLLARS 10 COVER EYPENSES, 19`T5 PRODUCED POSIIIVE RESULTS FOR THE CITY'S CASH BQLAINCES AND RESERVES, H01,41EVER, 1936 RESULTS 'r!ILL PRUBABLY BE SUBSIANIIALLY LESS BECAUSE OF THL W-.1NTURN IN THE INTFpEST RATES ON INVESTMENTS, RESIDENTS OF ORONO ADZE REMINDED THAT ]HEY NEED TO TAKE OUT THE APPROPRIATE BU I L!1I NG PERM I I S PHEN THEY CONSTRUCT NEI` BUILDINGS, REMODEL EXISTING BUILDINGS, OR FAKE ADDITIONS TO EXISTING BUILDINGS. cAM' WS BE_V THE SPRING CLEAT; UP HELD MAY THIRD AND TENTH, RESULTED IN heady Caml CS DEr,4 ENOUGH COLLECTED REFUSE TO FILL 12 DUMPSTERS THAT WERE SIX, FEET TALL, SIX FEET WIDE AND 20 FEET LONG hiD 11HICH CAN CARRY UP TO IEN TONS APILCE, 4-!HILE IHIS REPRESENTS A LOT OF JUNK CLEANED OUI FROM HOPES, EVERYONE IS STRONGLY ENCOURAGED TO PARTICIPATE IN TI IE j�j„CLEAN UP, ' S A GOOD OPPORTUN I I Y TO GE I RID OF MANY UNYPI'aTFT THINGS THAT ARE OTHERWISE DIFFICULT TO DISCARD IN TlE NORMAL READY UEM SOLID WASTE COI.!..ECIION. t ETING ,i Uid 9 -198G To: Marc Bernhardson, City Administrator i�, From: John R. Gerhardson, Public Works Coordinator 1,i TY 3F Date* June 5, 1986 Subject: Appeal of Administrative Decision In August 1978. the City of Orono rpproved the Kelley Green Subdivision. Ti-, re has been •,o progress on this subdivisison to date and as per the Developer's Agreemert the applicant was not required to const:ru,�t a private road until such time as building permits were needed for the two remaining lots. Mr. Lester Kelley has sold the two remaining lots and is ready to proceed with construction of the road. we have advised Mr. Kel ley that the oad must be constructed according to the current standards as outlived in Section 11.33 of the Oror,o Municipal Code (see attached). Mr. Kellev has presented a petition signed by all property owners in the Kelley Green Subdivision requesting an 18' paved surface instead of the 24' wide as required. Mr. Kelley and the other property owners feel that it is not necessary to have a 24' wide paved surface in such a small Fubdivision. Mr. Kelley is appealing our adm.inistrat.ive decision. Staff. recommends Council concur with staff decision. Ayes, Nays. To: Mayor Butler and Orono Council Members From: Mark E. Bernhardson, City Administrator Forwardcd recommending concurrance with staff decision. i 9 11.32 facilities, pedestrian traffic, or uti'' es. A cul-de-sac shall be provided at the end of a permanent L.2a and street in accordance with the Cit•Is construction :standards and specifications. For greater conv ience to traffic and more effective police and fire protection ,ermanent dead-end streets shall, in gene_al, be discourages -nd where allowed be limited in length in accordance with the design standards of this Chapter. SEC, 11.33. DESIGN STANDARDS. Subd. 1. General. In order to provide for roads of suitable location, width, and improvement to accommodate prospective traffic and afford sati.;factory access to police, firefight_ag, snc)w removal, sanitation, and road maintenance equipment, and to coordinate roads so -s to compose a convenient system and avoid undue hardships to djoining prope _ies, the following design standard. for roads ara hereby require6: A. Road Surfacing and Improvements. After the sewer and water utilities have been installed by the subdiv ',r, the subdivider shall construct all road pavement, Should,-rs, drair•age improvements and structures, curbs, cul-de-sacs, and sidewalks in conformance with all construction standards and specifications adopted by the City and shall be incorporated into the const-j :ion plans required to be uubmitted to the subdivider for final-bdivision approval. B. Right -of. -Way. Rights -of -way shall be in accordance with the following performance standard: 1. Minimum Right -of -Way Widtl' . Principal Arterial Intermediate Arterial Minor Arterial Collector Local Parkway Cul-de-sacs As recommended by the State Department of Transportation 80 70 feet 50 feet 100 feet 50 feet radius 2. Rights -of -way are needed for future roadways in the opinion of the City. 3. Rights -of -way widths or addit al widths in existing rights -of -way in excess of the standards designated in this Chapter when, due to topography, additional width is necessary to provide adequate earth slopes. Such slopes shall not be in excess of three to one. ORONO CC 46o (4-1-84) S 11.33 Subd. 2. Railroads and Limited Access Roadways. Railroad rights -of -way and limited access roadways where ,o located as to affect the subdivision of adjoining lands shall be treated as follows: A. In residential dictrfcts a buffer strip at least 25 feet in depth in addition to the normal depth of the lot required in the district shall be provided adjacent to the railroad right-of-way or limited access roadway. B. In -iistricts zoned for business, commercial, or industrial u.;es the nearest street extending parallel or approximately parallel to the railroad shall be at a sufficient distance therefrom to ensure suitable depth for commercial or industrial sites. C: Streets parall.-1 to the railroad when intersec'Ling a street which crosses railroad at grade shall be at a distance of at least 150 feet from the railroad right-of-way. Such distance shall be determined with due consideration or the minimum distance required for future separation of grades by means of appropriate approach gradients. D. Streets crossing the railroads shall be avoided. SuLd 3. Intersections. A. Streets shall be laid out so as to intersect as nearly as possinle at right angles. A proposed intersection of two (2) new streets at an angle or less than seventy-five (75) degrees shall not be acceptable. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least one hundred (100) feet therefrom. Not more than two (2) streets shall intersect at any one point unless specifically approved by the City. B. Proposed new intersections along one side of an existing street shall coincide with any existing intersections on the opposite LA de of such street. Intersection jogs with center- line offsets of less than 150 feet shall not be permitted, except where the intersected street has separated dual drives without median breaks at either intersection. where streets intersect major streets, their alignment shall b,- continuous. Intersection of arterial roadways shall be at least eight hundred (800) feet apart. C. Minimum curb radius at the intersection of two (2) local :streets shall be at least fifteen (15) feet; and minimum curb radius at an intersection involving P collector street or local streets in a commercial or industrial area shall be at least twenty-five (25) feet. Alley intersections and abrupt changes in alignment within a block shall have the corners cut off in accordance with standard engineering prac' '^e to perm;.t safe vehicular movement. ORONO CC 4K1. (4-1-84) I S 11.33 D. Tntersect ions shall be designed with a flat stopping area of at least thirty (30) feet in a residential area and sixty (60) feet in a commercial or industrial area. The stopping area shall be designed to provide a maximum grade of two (2) percent. E. Where any street intersection: will involve earth bank: or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the subdivider shall cut such ground and/or vegetation (including trees) in connection with the ;r 2.3ing of the right-of-way to the extent deemed necessary by the City to provide an adequate sight distance. r. The crown of all streets, including intersections, shall be three percent (3%) or less. Subd. 4. Typical Section. The typical section indicated herein is as determined for a Clay Subgrade (A-6 Soil Classifica- tion) and may be subject to change. Soil borings may be required to be determined by the City. Private Street - Residential Units R.O.W.* M.P.W.** 3-6 50' 24' Over 7 50' 28' Public Street - Residential Units R.O.W.* M.P.W.** 3-10 50' 28' "ection 8" Class 5 100% crushed 3" 2341 Bituminous Surface 8" Cla,-*s 5 100% crushed 3" 2341 Aituminous Surface Section 8" Class 5 100% crushed 3" 2341 Bituminous Surface Over 10 50' 32' 3" Class 5 100% crushed 3" 2341 Bituminous Surface Maximum cul-de-sac length - 1,000' Maximum number of units on cul-de-sac - 10 Public Street - Commercial or Tndustrial Units R.O.W.* M.?'.W.** Section i+ 7032' 8" Class 4 8" Class 5 100% crushed 4" 2341 Bituminous surface * Right -of -Way Width ** Minimum Paved Width ORONO CC 4t" T (4-1-84) S 11.33 Subd. 5. Horizontal and Vertical Control. Functional Design Vertical Control Horizontal Control Class Speed Maximum Gradient Minimum Radius Private Street- 30 MPH 12% 275' (residential) Public Street- 30 MPH 10% 275' (residential) Public Street- 40 MPH 88 400' (com. & ind.) Source: City Code Effective Date: 4-1-84 (Sections 11.34 through 11.39, inclusive, reserved for future expansion.) ORONO CC 463 (4-1-84) r ,. ., U 2 ►— • 3 Y- Gisnensinns viewn art JRt�rs Sa.Own is ass.y'+ed. Alt lots shown are a c+ini s i a or ird4 reby certify that tits rlat ++as ,rvfared �v 4 , ry iirptt smervtsiMs nc is '=G :ir, a duly r•eiisterA Lar:: S,;rveya� in,* VA lays ':; the, State o• "irsssnots. l ,zf06� a. _ Sil3 .a�'u r.� / /C.4%tte q— '1rG- crc a -� f`'tr 7850 2 M,iy 1986 City Council City of Orono 1335 Brown Road South Orono, MN 55323 Ref: Kelley Green Honorable Mayor and City Council: We the undersigned are owners of record or purchasa agreement holders for all of Kelley Green in its entirety, including Block One, Lots 1 and 2, and Block Two, Lots 1 an(? 2. We collectively hold sole interest in these lots. We hereby request acceptance by the city of a roadway design for the subject property having permanent street surfacing of an 18 foot width. This is in place of the 24 foot width stated for residential private roads as a part of the city's 1984 road development guidelines. Insofar as this is a private road serving manly these four private residences, we believe an 18 foot paved road more than adequately meets our requirements. Further it is our intention that this level of roadway improvement will better enhance the character of the suhdivsion that we currently enjoy. We request that this petition be considered and approached in such a manner as to not compromise construction scheduled to begin on two of these lots 2 June 1986. Accordingly we fully expect that installation of the roadway base can proceed prior to final resolution of this matter. Respectfully submitted by the undersigned: 9 JJG mes M. Eger .Kellyr A. Shau ssy r�\ $lock 1, Lot Block 1, Lot 2 Lester S. Kelley T :Vr19go4 Mack Block 2, Lot 1 Block 2, t. 6486.1 TO: Mayor and City C,)unc i 1 FROM: Mark Bernhardson, City Administrator' DATE: June 4, 1986 SUBJECT: Wayzata Inspections Contract :Gib-N!".I� FETING JUN 9 _ IJ OF N. IO As mentioned at the last Council meeting the Cities of Orono and Wayzata have had discussions regarding Orono providing certain inspection services to Wayzata. This resulted from the fact that Wayzata Inspector has resigned to go to Hopkins. Wayzata ,foes have a person in their Public Works Department who has taken the basic courses for a Level I certification, however they do not have the certification yet to be the City's Building official. A contract between the two communities would utilize Orono's Chief Building Official as Wayzata's and that person will be doing substantial work during the first of the three phase contract. During all these phases Wayzata's Inspector will be doing inspections in Orono to both cover the additional load that Orono's Inspector is taking on together with giving the person additional experience. Orono will be charging Wayzata appropriate fees which are in line witli the contracts Orono has with Spring Park and Minnetonka Beach. It is anticipated that this contract will only last a year and that Orono's most active involvement ' 11 be the first six months, with a stepped back involvement for three months and a very minimal role for the last three months. Al Orsen, the City Manager of Wayzata, has presented this to his Council at their Tuesday night meeting and has been given the go ahead. The Cities will be negotiating a final contract in the next two weeks and will probably be bringing it back at the June 23, 1986 meeting for your ratification. We request any input you may have on this arrangement or concerns you may have at this time. PROPOSED MOTION - Moved by , seconded by _ , to accept staff's information regarding the pending contract between Wayzata and Orono for building inspection services for approximately a year's duration. Ayes , Nays 6486.2 TO: Mayor and City Council FROM: Mark Bernhardson, City Admini DATE: June 4, 1986 SUBJECT: Animal Control Services trato�, FTIHG Juid 9 —11986 2I "Y OF P"INO At the end of April White Bear Lake Animal no longer had the contract with Minneapolis and with Minneapolis currently working to develop their own inhouse animal control services. Since the end of May White Bear has not been providing service or responding to our calls for service and as of June 3, 1986 the Police Department sent a 10 day cancellation of contract notice to them. To replace that service staff is soliciting .nformation from Midwest Animal Control, which is a new firm, that is attempting to take over some of the contractual work from White Bear. They have indicated that they will provide services at the same rate as White Bear. Our concern with this organization is that they are fairly new to the business and their detention facilities are either in Minneapolis where White Bear's were on a space available only basis or if no space available theLe with veterinarians on the east side of St. Paul. This could become problematic because of the distance involved to retrive the animals for our residents. An additional alternative staff is exploring is an individual who does contract service to the cities of Champlin and Corcoran and provides boarding services in Corcoran. This person's rates are lower and it is our intent to look carefully at this alternative. PROPOSED MOTION - Moved by , seconded by , to accept staf Ps information regarding animate control services and this item be tabled to June 23, 1986 at which time Council will address the issue of animal control services and award a contract for the balance of the year. Ayes Nays 52186.3 TO: Mayor. and City Counc i 1 J? �� U J U[4 9 -1986 ��r9 FROM: Mark Bernhardson, City Administrator OITY OF 010 DATE: June 4, 1986 SUBJECT: Akerberg Right Of Way Permit As you will recall at the May 12, 1986 meeting Akerberg's desired to do a rearrangement and have a hardcover variance for construction and a placement of a garage. During the review it was determined that they had a nonconforming structure in the 0- 75 foot setback and that a portion of the structure sat on a public right of way. Attacned please find the appropriate resolution for a permit to allow that structure to remain on the right of way until such time as it is deemed appropriate to remove or falls into a state of disrepair and must be ordered to be removed. PROPOSED MOTION - Moved by , seconded by _, to approve the right of way permit for the property at 4075 Highwood Road for adoption of Resolution #_ Ayes __, Nays A RESOLUTION ALLOWING ENCROACHMENT OF A BOATHOUSE ONTO A PUBLIC ALLEY 4075 HIGHWOOD ROAD WHEREAS, Jan and Nora Ackerberg (hereinafter "the applicant") are the owners of the property located at 4075 Highwood Road with'n the City of Orono (hereinafter "City"); and WHEREAS, existing on the applicant's property is a boat house that is partially on a public alley adajcent to 4075 Highwood Road; and WHEREAS, the boathouse is a non -conforming structure as per Section 10.03, Subdivision 4 of the Orono Municipal Code; and WHEREAS, the Orono City staff has determined that the encroachment of the boat house onto the al ley does not deter public access at this time. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council does hereby authorize the existance of the boat house on the public alley until such time that any of the conditions in Section 10.03, Subdivision 4 of the Orono Municipal Code occur or the Council determines that it is a detriment to its access or right of way. FUTHER, LET IT BE RESOLVED that this permit does not create any property right of the building owner as it relates to the right of way or the City of Orono's right, thereto. Adopted by the O no City Council o:, this 9th day of June, 1986. Ayes, Nays ATTEST: ",orothy M. Hallin, City Clerk Mary C. Butler, Mayor Property Owner(s) 6586.1 a -7 TO: Mayor and City Council COUNCIL MEETING FROM: mark Bernharason, City Administrato� JUiJ DATE: June 5, 1936 SUBJECT: 1985 Police Operations Attached is a summary of both the statistics from the Criminal Justice Information System for the City of Orono and also for the entire Orono Police operation including Long Lake, Spring Park and Minnetonka Beach together with the computer printout and Summary of Operations for the entire Police Department for '85. As you will note over the years the number of actual offences has gone from a total of a little over a 1,000 in 1980 up to as high as 1,600 in 1981 and then dropping back into the 1,100 or 1,290 range during the last three years. For the most part clearance rates by arrests have remained relatively constant in a range for Part 1 of`enses of 14% to 23% for Orono and 17 to 25% for the operation in total. For Part 2 offense clearance by arrest for Orono range has been from 39 to 52s in the overal.i police operation range has been from 33 to almost 60%. The reason for the clearance rates difference between Part 1 and Part 2 is that among other things DWI falls in the Part 2 range and the vast majority of those are arrests. It maybe of additional interest that since Spring Park has joined the contLact in 1981 Orono generally makes up about 50 to 55% of the total. Part 1 and Part 2 crimes with Long Lake between 17 and 20%; Minnetonka Beach ranging between 3 1/2 to 6% and Spring Park hetween 14 and 23%. For 1985 the budgeted share versus offense report (which do not ^,)nstitute total p ,ce service activities) are as follows: City Percent of Percent of Total '85 Budget Part 1 and 2 offenses Orono 50. 1% i 3 . 5+% Tong Lake 21.2% 19.''k Minnetonka BF,ach 5.2% 3.8% Spring Park 23.4% 22.8i As noted in the 185 figurt�s the f,)rmula which bases the (iistrihution on population and valuation; does not produce results significantly different from what the totals of the offences reported. Should you hive any further qur,tion:; or comments please feel free to Aisc-uss them with mr_. POLICE. STATISTICAI. 1980 - 1985 CITY OF ORONO ORONO POLICE TOTAL Known or Clearance Known or Clearance Reported Actual By Arrest. Reported Actual By Arrest Offenses Offenses % Offenses Offenses % 1980 Part I 359 358 18% Part II 415 403 41% 1981* Part I 335 324 18% Part II 564 530 52% 1982 Part I 295 266 15% Part II 474 437 47% 19e3 Part. I 238 223 17.9% Part II 458 441 47.64 1984 Part I 210 197 22.81 Part II 387 365 60.84 1985 Part I 199 19- 14% Part II 405 399 394 * Spring Park entered Contract in 1981. 468 467 18% 580 567 40% 625 607 17% 1077 1009 33% 599 561 17% 845 785 49% 426 400 16.7• 805 "1;,9 47.8% 390 370 21.3% 683 644 59.5• 319 309 25• 707 705 39• COMBINFI) OPERATIGNS Offenses Unfounded F?::. SES Known srder ape obbery 1 ssault 5 ,.irgl ary 89 2 arcer,y 293 7 ato Theft 30 1 art I Total 319 10 Total Total of'ense_ -- (,'le, -.red by Arrest 0f.'fenses Clearer. by Arrest-) ?err-or:s 'tender � "dumber 5 87 286 29 MCI 100% 100% 13% ' 8% 34% 25% 5 12 52 0 ' 1 .f rsc,.. 1 1 1 100% 1 orgery 24 24 54% 13 raud 47 47 1.0% 5 andalism 193 2 191 5% 10 1 2 11 11 90 % 10 a capons ,ther Sex 12 12 25% 3 arcoV — 19 19 78% 15 gamily hildren 13 13 76% 10 ,dT 131 131 ( 100% 13" i ;uor Laws 13 13 69% 33 5 sorderly 108 105 42% 45 2 3 'agrancy 70 66 51% 3-: 15 10 ,�hcr ,art IZ 707 2 705 �50% 353 4 33 ,rai:d Total 1126 12 1114 39% 437 i 3 39 N. r r� sts Except Traffic Aoults 181 Juveniles 3_ TOTAL 220 UCRX-1010 RETURN 'A' OFFENSES AND CLEA AGENCY: MH0211590 0 y POPULATION: 6,897 OFFENSES KNOWN OR - REFORTED PC MURDER/NON--NEG........ 0 RAPE TOTAt............ 0 FORCIBLE........... 0 ATTENPTED.......... 0 ROEBFRY TOTAL......... 0 KNIFE//CUTTING...... 0 OTHER WEAPON....... 0 STRCN*'!- ;P.`T......... 0 ASSAULT TOTAL......... 2 GUN. ..... 1 KNIFE/CUTTING...... 0 OTHER WEAPON....... 0 HANDS,FEET,ETC..... 1 s BURGLARY TOTAL........ 33 -+► FORCED ENTRY. .... 32 UNLAWFUL ENTRY..... 14 • ATTEMPTED.......... 7 LARCENY TOTAL. ..... 131 AUTO THEFT TOTAL.,..., 13 AUTOS. ...... 5 • TRUCKS/BUSES....... 1 OTHER VEHICLES..... 7 1 ARSON ................. 0 PART i TOTAL W/O ARSON 1f$ • PART 1 TOTAL W/ ARSON. 199 OTHER ASSAULTS. .. 22 FORGERY/COUNTERFEIT... 7 10 EMBEZZLEMENT ...... STOLEN PROPERTY....... 1 VANDALISM ............. 122 ..... PRGPOITUTT.ON.... 0 OTHER «X OFFENSES. 5 NARCOTICS TOTAL....... 15 ` GA?"3LING TOTAL........ 0 FAMILY/CHILDREN....... 7 D.U.I .......... 92 —LIQUOR LAWS........... 5 DRUNKENNESS ........... 0 DISORDFQLY............ 60 VAGRANCY ... 0 OTHER (EX.TRAFFIC).... 48 PART 2 TOTAL.......... 405 GRAND TOTAL 690 MINHESaTA CRIMINAL JUSTICE REPORTING SYSTEM JOBSTREAM: CJRPS201 FROCRAM: CJRP0019 ..UNFOUNDED..... TC! AL .COMPLAINTS.... ACTUAL CRLME T...........'! " .. `rrr..L R!Tr 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 2b 0 0 1 le 0 o e a 0 0 0 0 0 0 1 14 1 1 �2- i5t 3 1 31 449 0 0 14 202 0 0 7 101 1 2 129 1,870 7 1 12 ,, 173 0 0 S 72 0 0 1 14 4 1 86 0 0 0 0 2 4 195 2,827 2 4 195 2,827 4 1 21 304 T+ 0 7 101 0 0 12 173 0 ] 0 0 0 1 14 1 120 1,739 0 ;, 9 130 0 0 0 0 0 0 5 72 0 6 15 217 0 0 0 0 0 O 7 101 0 0 92 1,333 0 O 5 72 0 0 0 0 1 1 59 855 0 0 0 0 4 2 46 666 1 6 399 5,785 1 10 594 81612 PAGE. 1 RUN DATE: 02/lei/8f REPORT PERIOD' JA4 - DEC. 1785 TOTAL OFFENSES CLEAPED BY A►PEST CLEA'�EG ST ARREST PERSONS UNDER 18 Ye-,meFR FCT......... Njl"f E2 0 0 0 • 0 0 • • 0 0 0 • 0 0 • • 0 0 0 • 0 0 0 0 0 0 0 • 0 0 0 0 0 9 8 0 100 2 0 • 100 1 0 • e o • • 0 0 0 • 100 1 0 • 1, 6 i 1 9 3 0 • 7 1 7 1 28 2 6 • 12 1S 1 2 41 5 • 0 60 3 0 • 100 1 0 • 16 1 8 • 0 0 0 8 14 23 1 3 14 29 1 3 5% 12 0 • 1 c 14 1 41 5 8 • 0 O d e lea 1 100 1 a 10 1 2 66 6 22 2 0 0 a • 20 1 ^ • 86 13 • 0 C • 71 100 92 • so 2 0 0 W • 44 ?_5 t 2 0 0 • 52 24 ;' 8 51 214 4 19 3t 233 3 22 . TOTAL PERSONS ARRESTED THIS PERIOD FOR ALL OFFENSES EXCEPT TRA C ADULTS III JUVENILES • ae POUNI"It. MEETING JUN 9 -1Q86 TO: Mayor Butler Mark Bernhardson, City Administrator ('� City Council Members FROM: John R. Gerhardson, Public Works Coordinator DATE: June 4, 1986 SOBJ: Crystal Bay Post Office Lease As you are aware, the City owns the building housing the Crystal Bay Post Office. As it is renewal time, it is necessary to enter into an agreement with the postal service similar to the agreements in the past. The only change in the leas- agreement is that rather than a 30 day notice by either party, k, are both required to give 180 days notice. Also attached is a resolution authorizing the City Administrator to sign the lease agreement. PROPOSED MOTION: Moved by , seconded by Y , to ratify the lease with the U.S. Postal Service and authori: the City Administrator to sign such agreement. Ayes _, Nays _ TO: Mayor and City Council s, FROM: Mark Bernhardson, City Administrato Forwarded recommending approval. UNITED STATES POSTAL. SERVICE Field Real Estate & Bullding3 Office Po,t Office Box 59069 St. Paul, MN 55159-0068 CER4:BD-P:MLJacobson:mlj City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 RE: Postal Facility Crystal Bay, MN 55323-9998 New Lease Agreement Dear Lessors: `ems i i' ; MAY 1 5 I(W t May 14, 1986 Enclosed are copies of the new month -to -month lease agreement for the Postal facility located in your building at Crystal Bay, MN. This lease provides for a monthly rental of $450.00, with an effective rental date of January 1, 1987. Please insert the legal description of this property in Paragraph 1 of the Lease. If this lease is acceptable, please date and sign it at the bottom, and have a witness attest to your signature. We will need an enabling resolution indicating who has the authority to sign oi. behalf of the City. A sample resolution is enclosed for your use. PS Form 7417-A, General Conditions, is attached hereto and mane a part of this lease. Rental checks will be made payable as indicated in Paragraph 3. PS r'orms 7319-13, 7319-C and 7426 are also enclosed for r ., completion. Please complete all forms in duplicate where indicated by the red X's, and return ALL copies to this office in the envelope which we have provided. After this lease is accepted by the Contracting Officer for the Postal Service, the original will be forwarded to you. If you have any questions, please feel free to contact me at the address above or at 612-293-3390. Sincerely, •1 BRIAN D. TREBER Real Estate Specialist Encls. PS Forms 7417, 7417-A, 7319-B, 7319-C, 7426, Envl. Enabling Resolution 5'! U S GOVFRrJMF OJT PRINtING GI FILE 1965--11.19 117 U.S Postal Service SHORT FORM LEASE BDT/mlj Main Office, Station, Branch, Etc. Main Past office THE UNDERSIGNED, hereinafter called the Lesscr, hereby leases to the United States Postal Service, hereinafter called th't Postal Service, the premises hereinafter described, pursuant to tit" terms and conditions described herein and contained in PS Form 7417 A. Gen,:rat Conditions to Short Form Lcase, attached hereto. 1. Location. The premises are located at l 05 _South Brown Rc). (Nar iticr and Srreetl CRYSTAL BAY HENNEPIN MT NF.SOTA 5ti323-999R — __- (City) (County) (State) (ZIP f 4) upon which is or will he located a (?ne_ story brkAlk building and which property contains or will contain areas, spaces, improvements, and appurtenances as follows' Area Dimensions Net Sq. Feet Area D,mensio,ls_ Net Sq. Feet First Floor 2,67"X 40.33' 914 Driveway Platform' Perk.ng and 'daneuverin VehicleStorage;A,) ,,j Other'Ursinbr/ LflJ t 5'/ 2. Terms. In each case., two (2) of the following paragraphs "A,'' " B,•• and 'C•• must be deleted. Month-tO-Month. This is a month-to-ty tenancy for an indefinite pertcd beginning Ta ;�ili .ry 190:7and A may be terminated at anv turie by t giving t"ItIt fr thirty days written notice.; any such notice given by Lessor to be directed to the Contracting Officer giving 180 days notice. _ __ 11Ijill3prm. To have and to hold said premises with its appurtenances for a term of _ 1 months be .inning 19 --- and ending _ , 19 _ al Service may terminate this agreement at any time by giving thirty days written notice. to the L:-ssor Bement may be renewed, at the option of the Postal Service, for the following separate and consecutive terms ana at the `ollowit:g monthly rovided notice be given in writing to the Lessor at least 30 days before the end of the fried tern anJ each ienevval tear, provited herein. L!il onths _ -- Per Moplrit firma No. ofMontta iPrr akJnth RentoL No of Months r t y Ib.l $ 1c ! $ _ _ tic Renewal To have and to hold the said premises with its appurtenances for a term of one Year beginning 1311MCK . Thereafter this agreement shall renew itself from year to year unless the Lessor gives written notice of terrmnetion thirty days before the eod ,qj imennual term, delivered to the Contracting Officer The Postal Service may tern• late this agreement at any time by giving thirty days written notice 1' essor. 3. Rental. The Postal Service shall pay thr. Lessor monthly rental of S450. 00 payable a! the end of each month Rent for part of a month shall be prorated Rent checks shall be merle payable to CITY OF ORONO 4 Lessor, as part of the rental consideration !hall furnish the following utilities, services, and equipment Heating, plumbing, 1 ight i n4 and electrical systems. Lessor shall pay for water and sewerage service. 5 Other Provisions. The following additional provisions, modifications, riders, layoub and or forms were agn•ed upon prior to execution and inaik• a part hereof paragraph 8 - Claims and Disputes Clause (May 1983) is attached hereto and made part of this lease. LISPS shall pay for fuel and power if separately metered for Postal consumption. CtSPS also responsible for snow and trash removal, and custodial service for Postal skace. 6 The following paragraphs were deleted before signtng paragraphs 2B (1) , 28 (2) and ZC. 7 The undersigned J, nmpieted and attached hereto Form 7319 f3, Hepresentations and Certifications, and Form 7319-C, Representations and Certifications (f3 Jata) EXECUTED BY LESS{�H _____ 19 __ ACCEPTANCE BY POSTAL SERVICE 19 _ BVLL,____.___-_.—_._—__._—_ —__�.___.�__ BY --- - -----—(Sr!Maturel (Stgnetunr) CITY OF ORONO R. BR(K_E DAVISON__ — (Print cir r pe Nenteand T,tim) 41-6008585 Titledlanager, Real Estate Branch _ Idenhtyi No Box 66 ,—�- fcwltrac ring Oft er) Field Real Estate & Blsga. Office Addren�•O. Andr»,, P. U. Box 69069 Crystal Bay, tJQet_55323-0066 ( 61R 473-7357 Paragraph CLAIMS AND DISPUTES (MAY 1903) ( a ) This contract is subject to the Contract Disputes Act of 1970 (P.L. 95-563, 41 USC 601-613). (b) All disputes arising under or relating to this contract shall be resolved under this clause. References to a Disputes clause in other clauses of this contract shall be understood to be references to this Claims and Disputes clause. (c) ( i ) 'Claim,' as used in this clause, means a Written denand or assertion by one of the parties seeking, as a legal right, the payment of money, adjustment or in':rpretation of contract terms, o_ other relief arising under uc relating to this contract. w. (ii) A voucher, invoice, or request for payment that is not in dispute when submitted is not a claim under the Act. However, where such submission is subsequently not acted upon in a reasonable tine, or disputed either as to liability or amount, it may be converted to a claim under the Act. (iii) A claim by the contractor shall be made in }+riting and submitted to the contracting officer for.decision. A claim by the Postal Service against the contractor shall be in the lorit. of a deci'sio,, l,y the contracting officer. (d) For contractor claims of more than $50,000, the contractor shall submit with the claim a certification that: (i) the claim is made in good faith] (ii) supporting data are accurate and complete to the best of the contractor's knowledge and beliefs and (iii) the amount requested accurately reflects the contract adjustment for -,.hick the contractor believes the Postal Service is liable. If the contractor is an individual, the certification shall be executed by that individual. If the contractor is not an individual, the certification shall be executed by a senior company official in charge at the contractor's plant or location involved; or by an officer or general partner of the con- tractor having overall responsibility for the conduct of the contractor's affairs. Claims less than $50,000 need not be certified. (e) Any claim which is not disposed of by agreement shall be decided by tt-4 contracting officer who shall issue a decision in writing and shall mail or Otherwise furnish a copy of the decision to the contractor. For contractor claims over $50,000, the contracting officer must decide the claim within 60 days or notify the contractor of the date when the decinion gill be made. Par con- tractor claims of $50,000 or less, the contracting officer must render a decision within 60 days. The contracting officer's decision shall be final and conclusive and not subject to review by any forum, tribunal, or government agency unless: (i) The contractor appwals such decision to the Postal Service Board of Contract AFpeals within 90 days after the date the --itractor receives the contracting officer's final decisions or (ii) The contractor brings an action directly un the claim in the United States Claims Court within 12 months after the date tLe contractor receives the contracting officer's final decision. (f) The auL:io,:ty -f the contracting officer under the Act does not extend to claims or disputes which other agenciea are expressly authorized by statute or regulation to decide. (9) The Postal Service shall pay interest on the amount found due on a ccntrsctor'e clai:- from th• .itto th- contrsc►_inn ,•/rfc.r roe-0—a tk- clAIM (properly cettified, if required, in accordance with d, above), or from the date payment would otherwise be due, if that date is later, until the date of payment. Simple interest will be paid at the rate, established by the Cer•etary of the Treasury, which is applicable when the contracting officer receives the claim and then at the rate fixed by the Secretary for each successive six-month period in which the claim is pending. ( h ) Except as the parties may otherwise agree, pending final r solution of a claim by the contractor arisinc, under the contract, the contractor shall proceed diligently with the performance of, the contract in accordance with the contracting officer's decision. GENERAL CONDITIONS TO SHORT FORM LEASE I. Lessor's Successors. the terms and provisions of this lease and the conditions herein shall bind the Lessor, and his heirs, executors, administrators, successors, and assigns. 2. Applicable Codes and Ordinances. The Lessor, as part of the rental consideration, aluecs to comply with all codes and ordinances applicable to the ownership and operation of the building in which the rented space is situated and, at his own expense, to obtain all necessary permits and related items. 3. Officials Not to Benefit. (July, 1971) No member of or dele- gate to Congress, or resident Commissioner shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 4. Covenant Against Contingent Fees. The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or under- standing for a commission, percentage, brokerage, or contin- gent fee, excepting bona fide employees or bona fide r.stab- lished commercial or selling agencies maintained by the Lessor for the purpose of securing business. For breach or violation of this warranty the Postal Service shall have the right to annul this lease without liability or in its discretion to deduct from the rental price or consideration, or otherwise recover, the full amount of such commissions, percentage, brokerage or contingent fee. (Licensed real estate agents of brokers having listings on property for rent, in accordance with general busi- ness practice, and who have not obtained such licenses for the sole purpose of effecting this lease, may be considered as bona fide employees or agencies within the exception contained in this clause.) S. Alterations. The Postal Service may make alterations, attach fixtures or signs and erect structures in or upon the premises, all of which shall be the property of the Postal Service and, if the Lessor requests, within 30 days before termination of the Lease, the Postal Service will repair promptly or provide the Lessor payment in lieu thereof for any damage caused by its removal of such property. Examination of Records (afar 1978) (This clause is applicable only if the total arrrnrrnt of this contract is in excess of $0,000 and it was entered into io,c negotiation.) (a)1he Lessor agrees that the Postmaster General or am of his duly authorized mpresenatives shall, until expiration of 3 years after final payment under this contract, or (it any specified rim. periods for particular records, whichever expires cachet, have access to and the right to examine any directly pertinent books, documents, papers, and records M the Lessor involving transactions related to this contract. Ib1The Lessor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Postmaster Gcneral or any of his duly author- ized representatives shall, until cxpirati it of 3 years after final payment under the subcontract, or of any specified time periods for particular records, whichever expires earlier, have access to and the right to examine any directly pertinent books, documents, papers, and records of such suhcnntrarcior, FS Form 7417-A, Aline 11W (p. r of 41 involving transactions related to the subs ontract. Tire teen "subcontract" as used in this clause excludes: (1) purchase orders not exceeding $10,000 and(.) subcontracts or purchase orders for public utility services at rate's established for uni- form applicability to the general public. 7. Recording. This agreement shall be recorded at the expense of the Lessor, upon the request of the Postal Service Contracting Officer, said expense shall include all regr-ired fees. 8. Maintenance; Fitness for Use. The Lessor shall, except as other- ssise specified and except for damage resulting from the act or negligence of Postal Service agents or employees, main- tain the demised premises in good repair and tenantable con- dition. If the leased premises or any part thereof become unfit for use for the purposes for which leased, the Lessor shall put the same in satisfactory condition, as determined by the Postal Service, for the purposes for which leased. If he fails to make repairs or otherwise restore the premises to tenantable condi- tion within a reasonable time after receipt of notice from the Contracting Officer, the Postal Service shall have the right to perform the work, by contract or otherwise, and withhold the cost thereof from payments due or to become due under this contract. In addition, for any period the premises or any part .hereof are unfit for the purposes for which leased, the rental shall be abated in proportion to the area determined by the Postal Service to have been rendered unavailable by reason of such condition. Unfitness for use does not include subsequent unsuitability arising from such matters as design, size or loca- tion of the building. During the continuance of the lease, the interior of the building, including but not limited to, the walls and ceilings, shall be repainted at least once every five (S) years unless required more often because of damage from fire or other casualty, or unless the five year period is specifically extended :.i writing by the Contracting Officer. The Lessor shall designate on Form 7426 emergency main- tenance repairmen for ehxtrial, plumbing. heating, ventilating and air conditioning emergencies or other emergencies (win- dow, doors, locks, etc.) that may be called in the event of an emergency situation involving maintenance of the property andlor equipment when the Lessor or his designated agent cannot be contacted within a reasonable time. 9. Destruction of Premises. Notwithstanding the provisions of Clause 8, if the premisci be destroyed by fire or other casualty, this lease shall immediately terminate. 10. Notice of Requirement for Certification of NonseVepted Facilities. the Lessor is cautioned as follows: By sgvning the offer, the Lessor will be deemed to have signed anti agreed to the provisions of the "Certification (A Nonsegregated Facilities' included in this solicitation. The certification pro- vides that the Lessor does not maintain sir provide for his employees facilities which are segregated on a basis of race, creed, color, or national origin, whether such facilities are segregated by directhie or on a de facto basis. The certification also provides that he will not maintain such segregated facili- ties. Failute of a Lessoor to agree to the Certification of Non- segregated I acilities will render his offer ineligible for accep- tance if the payments thereunder exceed 110,O00 and the contract rs not othemiw exempt from the provisions of the Fqual Oppt.irtunity clause. 11. Equal Opportunity. t i he following clause n applicable unless this contract Is exempt undet the rules, regulations, and rele- vant orders of the Secretary of Labor (4) CI -It. ch. 60).) During the performance of this contract, the Lessor agrees as follows: (a) The Lessor will not discriminate against any employee or applicant for employment because of race, color, religion. age, sex tit national origin. l he Lessor will take affirmative action to ensure that applicants are employed, and that eru- ployces are treated during employment without regard to their race, color, religion, age, sex or national origin. Such action shall include, but not be limited to, the following' Employ- ment, upgrading, demotion, or transfer; recruitment or re- cruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Lessor agrees to post in con- spicuous places, available to employees and applicants for employment notices to be provided by the Contracting Offi- cer setting forth the provisions of this Equal Opportunity clause. (b)The Lessor will, in all solicitations or advertisements for employees placed by or on behalf of the Lessor, state that all qualified applicants will receive consideration for employme, without regard to race, rotor, religion, age, sex or nations: origin. (c) The Lessor will send to each labor union or tcpresentatise of workers with which he has a collective bargaining agree- ment or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the labor union or workers' representative of the Lessor's:ommit- ments under this Equal Opportunity clause, and shall post copies of the notice in conspicuous places available to em- ployees and applicants for employment. (d) The Lessor will comply will all provisions of Fxecutive Order No. 11246 of September 24. 1965, and of the rules. regulations, and relevant orders of the Secretary of Labor. (e) The Lessor will lurnish at! information and reports required by Executive Order No. It 246 of September 24. 1965, and by the rules and regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigating to ascertain compliance with such rules. regulations. and orders. M In the event of the Lessor's noncompliance with the Fqual • Opportunity clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended, in whole or in part, and the Lessor may be declared ineligible for further Government contracts in accordance with procedures authorized in Lxecutive Order No. 11246 of September 24. 1965, and such other sanctiuns may be imposed and remedies invoked as provided in F xecu- live Order No. 11246 of September 24. 1965. or by rule, regulation; or order of the Secretary of Labor. nr as other- wise provided by law. (g) The Lessor will include the provisions of paragraph (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or ciders of the Secretary of Labor issued pursuant to section 204 of Lxecutwe Order No. 11246 of September 24. 1965, so that such provisions will be binding upon each subcontractor or vendor. The Lessor will take such action with respect to any subcontract or purchase order a• the contracting agency may direct as a means tit enforcing such provisions. including sanctions for noncom. ptiencc Nnyided, howevrr•• f"hat in the event the I rssor becomes involved in, tit a threatened v ith, IitigatiHin with a suhsxontractor or vend,u as a result cal such durction by the cuntracting agency, thr Less•ir ma) rcyuesl the United States to enter into such litigation it, protect the interests of the ('mled States. 2. Overtime. (a► the Lcssor shall not require or permit any laborer or mechanic in any workweek in which he is employed on any work under this Agreement to work i,. xcess of 8 hours in any calendar day or in excess of 40 hours in such vorkweek on work subject to the provisions of the Contract work Hours and Safety Standards Act (40 U.S.C. 327-333) unless sdcl, laborer or mechanic receives compensable at a rate not less than one and one-half times his basic rate of pay for all such hours worked in excess of 8 hours in any calendar day or in excess of 40 hours in such workweek, whichever is the greater number of overtime hours. The "basic rate of pay", as used in this clause, shall be the amount paid per hour, exclusive of the Lessor's contribution or cost for fringe bene- fits and any cash payment made in lieu of providing fringe benefits, or the basic hourly rate contained in the wage deter- mination (if applicable), whichever is greater. I b) In the event of any violation of the provisions of paragraph (a), tit_ L:suor shall be Gable to any affected employee for any amounts due, and to the Postal Service for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer car mechanic employed in violation of the provisium of paragraph (a) in the sum of $10 for each calendar day on which such employee was required or per - mined to be employed on such work in excess of 8 hours or to excess of the standard workweek of 40 hours without pay- ment of the overtime wages required by paragraph (a). ((;) Ilie Contracting Officer may withhold from the Lessor, from any moneys payable ...let the lease, such sums as may adnimistiatively be dcterm.rzd to be necessary to satisfy any liabilities of the Lessor for unpaid wages and liquidated damages. 13. Health and Safety Standards. (a) To the extent this a, trmt is , or construction. alteration, and,`or repair, including , ..sting and decorating, the Lessor shall not require any laborer or mechanic employed in the performance of this agreement to wurk in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety as determined under standards promulgated by the Secretary of Labor under the authority of 40 U.S.C. 333 (see 29 CF'R Part 1518). ibi In the event it is determined that the Lessor has faded to comply with this provision regarding health and safety stan- dards, the Postal Service, in its discretion, may cancel this agreement, ,ontract for the balance of the work or term, and charre to .he Lessor the additional cost, if any, incurred thercry. 14. Subcontract Provisiortt. The Lessor agrees to insert the Over- time clause, the Health and Safety Clause and this Subcontract Provisions clause in all subcontracts hereunder and to require their inclusion in all subcontracts of lower tier. The term "Lessor" as used in these clauses in any subcontract shall be deemed to refer to the subcontractot. 15. Assisaasent of Contract and Chios (May 1972) (a) Except as otherwise provided beicw, neither this contract nor any interest in or claims for moneys due or Ito become due under this contract, may be transferred or assigned by the I. essor no any other party. (b► li this contract provxles for payments aWegating $1.000 tic more, claims for moneys due car to become due the Lessor Irum the Postal Service under this contract may be assigned ro a hank, trust company, or other financing institution, including PS Form 7417-A, .April 1983 Ip 2 of 41 I any Federal lending agency, and may thereattcr he further assigned and reassigned to any such institution. Any such assignment or reassignment %ball cover all amounts payahlc under this contract and not already paid, and shall not be made to more than tine party except that any such assign- ment or reassignment may be made to .inc party as agent or trustee for two tir more participating in such Financ- ing. No assignment or reassignment will be rccogptzcd as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with a true copy of the instrument of assignment, is filed with: 0) the Contracting Officer; (ir) the surety or sureties upon the bond or bonds, if any, in connection with this contract: and (till the disbursing officer, if any, designated in this contract to make payment, and the Contracting Officer has acknowledged the assignment in writing. (c) The Postal Service :nay at its discretion recognize a trans- fer of this contract inAdental to the transfer of all of the L• ssor's assets or all that part of the Lessor's assets involved in t. c performance of tkis contract. Id) Assignment of this contract or any interest in or claims for moneys due or to income due under this contract other than in accordance with the provisions of this clause shall be grounds for annulment of this contract at the option of the Postal Service. The rights and remedies of the Postal Service under this clause arc not exclusive and shall be in addition to any other rights and remedies provided At law or under this contract. 16. Mortpyee s Agreement. If there is now, in will be, a mortgage on the premises, the Lessor shall, if icqutsted to to so, furnish a mortgagee's subordination agreement on Form 7450. 17. Equipment. Utilities and Services. Unless otherwise specified herein, the Lemur shall furnish suitable flag staff, proper post office sign and a ten -pound multi -purpose fire extinguisher for ail class fires, as well as other equipment as may be speci- 5ed. lie shall keep all such furnished items in good condition, except that the Postal Service shall be responsible for re- charging and shell pressure testing the tire extinguisher with the Lessor remaining responnible for repair and replacement. 19. Sublease. The Postal Service may sublet all of any part of the premises or assign this lease but shall not tic icheved from any obligation under this lease by reason of any subletting or assignment. 19. Lamm Obligations. The Lessor's obligations in regard to the services provided in the Short 1•orm Lease are further defined as follows: (a) If fuel is furnished Lessor shall furnish heating system of sufficient site and capacity to provide uniform Icrnperaturc in all portions of the demised ptemiws in accordance w ith con tractual requirements, and it not specifically specified in the tontractual rcquuements, to furnish a heating system of suf- ficient size and capacity to provide uniform temperature of 65 degrees I . in all portions of the demised pienuses, together with all fuel and filters required for proper opetation of the system during the continuance of the lease. (b) If heat is furnished I rssur syrees to rnamtain uniform heating temperature in all portions ul the denitsed picinim s in accordance with contractual icquiicments dunng the tonnn uanve of the Ieasc. and to turmsh necessary liliers I ❑less otherwise specified in rise contractual rc•quirvoicnts, urutotni heating temperature of 65 degrees I shill he provided in all portams of the drm"A-d premrsi•s durint• the ronunu.imc of the kssc Ic) If neither fuel nor heat is furnished Lessor shall Gurnish heating system of sufficient site and capacity to provide uniform tempciaturc in all portions of the demised premises in accordance with contractual requirements, and if not specifically specified in the contractual requirements, to furnish a heating system of sufficient size and carrscity to provide uniform temperature of 65 degrees F. in all portions of the denrked premises, together with all filters rcq-4rcd for proper operation of the system during the continuance of the (case. id) If light is furnished -Lessor agrees to provide and install light fixtures in accordance with contractual icquirememz and during the continuance of the lease shall provide and install all needed replacement parts including, but not limited Io, necessary fluorescent tubes and incandescent lamps, as well as paying all lighting bills. (e) If light is not furnished and fluorescent lights ate used - Lessor agrees to provide and install light fixtures in accordance with contractual requirements and to provide and replace during ,he continuance of the lease all replacement ballasts as needed. (f) If power is furnished - Lessor agrees to furnish and pay for all rower during continuance of the lease. (g) li water is furnished -Lessor agrees to furnish and pay for all water during continuance of the lease. (h) If sewerage service is furnished Lessor agrees to furnish and pay for sewage service luring continuance of the lease. (0 If air conditioning equipment is furnished- Lessor agrees to furnish air conditioning equipment in accordance with con- tractual requirements, servicing of said equipment, including, but not limited to, the replacement of necessary refrigerant and filters as required for proper operation of the equipment. ij) If air conditioning is furnished -Lessor agrees to furnish air conditioning equipment in accordance with contrac- tual requirements, servicing of said equipment, including. but not limited to, the replacement of necessary filters and refrigerant as required for proper operation of the equip- ment, together with power, water and other services for its operation. 20. Payment for Labor and Material. If the Lessor is required to furnish a Labor and Material Payment Bond, Form 7414-F, in connection with this Lease, he agrees to post at the job sue in a prominent place, a photostat or certified copy of 1 orm 7414-L, where it can easily be seen by all persons who have furnished, or have been requested to furnish labor, matc- rfal. or both, used of reasonably required for use in the per- furmance of this Lease. 21. Clean Air and Water (July 1975) (Applicable only if /i) offer exceeds $100,000, or (it) the offer is for an indefinite griant/ty and it indicates that orders for estimated gwntiNrs will exceed M9.000 in ant- pear, or (iii) a facility to be used is listed on rhr EPA List of Viola►ing Facilities due to a erfminal corrvic- ravf, or (iv) the contract is not otherwise exempt.) 1 he Contractor agrees as follows: tit To comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 U.S.C. 1857, et seq., as a amended by Public Law 91604) and Section 306 of the Fed- eral Water Pollution Control Act 133 U.S.C. 1251. as amended b% Public Law 92•500), respectively, and all regnlatiuns and guidelines issued thereunder. t ist I hat no portion of the work required by this contract will he performed in a facility listed on the Fnvironmental Prolet- sun 1pcncy 4FPA► Lirr of Nwlating Facilities on the date %hen tbis contract was awarded. unless and until the UPA removes the name of such facility from such lisliryt. PS Fenn 7417-A, Api d 190 fp. 3 of 41 (e) To»i(; promptly the Contracting officer of receipt of any cornuiunication from the EPA indicating that any facility pn Posed for or in use under this contract is under considers - don to be listed on the EPA List of Violating Facilities. (d) To insert the substance (i) of any Clean Air and Water Certification contained in this solicitation and (ii) of the provisions of this clause into every nonexempt subcontract, including this paragraph, ar.d to take such steps as the Postal Service may direct as a means of enforcing these provisions. (e) That in the event the Contractor fails to comply with in the above requirements, his right to perform may be can. celed, terminated for default, or suspended for such failure, in whole or in part. (Environmental Protection Agency reguiotlona implementing the provisions for listing prescribed by the referenced statutes may be found at 40 CFR Part 13.) PS Fwm 7417-A, Apra 198 } 41.. 4 of 41 4. oPo r. 4-10) I +rows ITS POSTALSr.RVICE PJll r' of REPRESENTATIONS AND CERTIFICATIONS 1 1 (Business Uata/ Name end Address of Offeror (No. and Street, Apt /Suite No., City, County, State and ZIP t 41 die natrt.r, nr Order No City of Orono P.O. Box 66 iTlte of Offer i)tder Crystal Bay, NN 55323-0066 Z The U.S. postal Servi.:a is Cooper)Ung with Other Agencies of the Federal Govarnrn ent the Collecting of Oats, CuoLern,rty Contract Awards The Offeror is Requested to Check the Appropriate Block Ul Contained on This Form NOTE: Oilers MUST set forth full, aCeurate and complete information as required by this solicitation (including attachments). The penalty for making false statements in offers is prescribed in f8 U.S.0 1001 Definitions SMALL BUSINESS CONCERN. A small business .oncern for the purposes of Postal Service procurement is a :oncern, including its affiliates, which is independently owned and operated, is not dominant in the field of opera tions in which it is submitting an offer, and is of a size consistent with t1- -tandards set forth by SBA in CFR Part 121, or if no stanuard has been established, then of a size employing not more than 500 employees. (Also see PCM Section 1, Part 7.) 2. MINORITY BUSINESS ENTERPRISE. A minority Nosiness enterprit.c is a concern of which at least 51 percent owned by, and of which the management and daily b siness opeiafions are controlled by, one or more mem• bes of a minority group. (for the purpose of this defini tlo 10 -ity group members are United States citizens whc 3ck Americans, Hispanic Americans, Native Amer,, Asian -Pacific Americans, or Asiamindian Americans. "Native Americans" means American Indians. Eskimos, Aleuts, or native Hawaiians. "Asian -Pacific Americans"' means those whose origins are in Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands, the Northern Mariana Islands, Laos, Kampuchea, or Taiwan. 'Asian - Indian Americans" rreents those whose origins are in India, Pakistan, or Bangladesh ) & WOMAN -OWNED BUSINESS. A woman owned bush nets is i business y; irh is at least 51 percent owned, con trolled, and operated by a woman or women. Controlled is Mine(' as cx-fircismg the power to make policy decisions. Operated ned as actively involved in the day to day manage 4. LABOR SURPLUS AREA. A geographical area which at the time of award is either a section of concentrated un- employment of underemployment, a persistent labor surplus area, of a substantial labor surplus area, as defined in this paragraph. la) Section of concentrated unemployment or underem- ployment means appropriate sections of States or labor areas so classifieu by the Secretary of Labor. Ib) Persistent labor surplus area means an area which is classified by the Department of Labor as an area of substantial and persistent labor surplus (also called Area of Substantial and Persistent Unemployment) and is listed as such by that Department in conjunction with its publication Arta Trends in LniplerYntent and ('nr ni pit i l lifen r (c) Substantial labor surplus area means an area which is classified by the Department of labor as an area of substantial labor surplus (also called Area of Substan fiat Unemployment) and which is listed as such by that Department in conjunction with its publication Area Trends in /: mplinvment and I'nemph!t•ment. 5. LABOR SURPLUS AREA CONCERN. A firm which will pert( •m or cause to be performed a substantial pro portion of a contract in a labor surplus area. 6. EDUCATIONAL OR OTHER NON ;;�ROFITORGAN I- ZATION. Any corporation, founda_ _ , trust, or other in stitution operated for scientific or educational puf-ores, not organised for profit, no part of the -let earr,%it of whicn inures to the profits of any private shareholdei of individual r'ke i. se 11A.—, of •1 a Cnlln..r,n., L11—Lr• a Ar 1—t.le f— the Cntity Cul—ieeiasn This rlffe. ? Y f I ,t 1)'n TV pe or eus,ness Labor Surplus (,.ea Woman Owned Bus ness Small Business Educational (it Other Nun Profit Uigarnzation Minority Business Enterprise None of the Above Apply to This Entity OF ,riled Neme and CITY OF U11a)N0 F� Fares, 731", wo i Viis Company R•prowntativs S,griature ar-f Date rogf,* f DESIGNATION OF EMERGENCY REPAIR PERSONNEL Return two completed, signed copies of this form to: Field Real Estate & Buildings Office o. 0. Box 69069 St. Paul, MN 55169-0069 Postal unit ---------- --- MAIN POST OFFICE Street Address--^---- 1355 South Brown Road CrtV, State, ZIP Code CRYSTAL HAY, MN 55323 i 1 Ccm act the tollowing repair personnel for emergency repairs for those services J.it are my fasponsibility under the terms of the lease, when 1 (or ny anent) �odr d Telephone No car. got be reached after a reasonable period of time at --� For Name t Roofingi - Structural I Address: Emergencies- (0 Check it Not AppbcebW For Narte_ Electrical _ Emerg Gies Address: check if.-Vor nnpncabbl I For i Name Plumbing Emergancies Address : lCheck if Not AppAcable) For H-titlnq, Name: Ventu, , ind - -- --- Afr Condlc,urnng Address: Emergencies --- — - (0 Check If Not App/aceble) Fo- Other Name :----`- Emergencws (Windows, Duors, Locks, Etc.) Address: (0 fleet If Nor AoWa<rawe) rhrs jotter ,s not :mended to. nor does ,t +n anywev, increase my raw, ,s;; ,irt,at as owne, for apmt wrownerl of the prat»rty to the xtupent the U 5 Postai serv.ce _0 Code 6 Tel e hp one No.; Area Code & Telephone No.: Area Code & Telephone No.: Area Cole & Tel�hone No Area Code & Telepf,one No.: Sign Original and Copy nature of Owner or wr+er's A(w it ENABLING RESOLUTION 1,9 , have been authorized to sign all agreements between the United States Postal Service and City of Orono, and therefore an authorized to enter into an agreement to lease building space for use by the Post Office known as Hain Post Office, located in Crystal Say, MN. k Signature 111c- Title Date The above named i.ndiv iai ;as he -en appointed to enter into and sign all agreements in regards . the Postal quarters mentioned above for the City of Orono. k _ Signature, Treasurer Date r REPRESE VTA'TIONS AND CERTIFICATIONS I Page OI l LISPS Solicitation No. NAME dt ADDRESS OF OFFEROR t:rystai Bay, The offeror makes the T liowi to of Offer representations d certifications as a part of the• offer identified above. (Check and complete all applicable boxes or blocks. The term 'offer' means bid when the procurement is ads -erased. INSTRUCTIONS and proposal where the procurement is negotiated-) NOTI.'. - Offers must sct forth full, acrurate, and -- nplete information as required by this solicitation (including attach. menns). The penalry far making false statements in coffers is prescribed in 18 U.S.C. 1001. TYPE OF He .operates is an Oindividual, (]partnership, Ojoint venture, Ocorporation, Of nonp• ofit organization incorporated ORGANIZATION in the State of MinnPAnta 2. REGULAR DEALER/ (Check only for supply contracts where •kt •ffer a-ceeds $10.000.) MANUFACTURER He is a Oregu!ar dealer in, Ornanulacta•er of- the supplies offered. y (A parent company is defined as one which either irons or eonfrob the activities and basic business policies of the orferor. To own another company means the parent company owns more than 30% of the voting rights in tha: com- pany. To control another company, ownership is not required, the parent company firrnulates, determines, (r vetoes tasic business policy decisions of that company.) This control may be exercised through the use of dominant minority voring right, use of proxy voting, contractual arrangements or otherwise. PARENT is the offeror owned or controlled by a parent company? ❑ Yes ❑ No COMPANY If the answer is 'Yes', the offeror must complete parts a, b, d c. if the answer is 'No' complete only put d. & (The Employers Identification Number (I.D. is) is defined as the Federal Social Security No. used on Employers EMPLOYER Quarterly Federal Tax Return, US Dreasury Form 941.) iD NUMBER al Name of Parent Company b) Main Office Address of Pasent Co. (Na, Strat, City, i State d ZIP Code) 0 Parent Co. ID No. i d) Offeror's ID No. 4. The offeror hereby certifies that each end product, except any end products he has listed below, ,s a domestic source end product (as defined, in the clause entitled "Bhty American Act') and that components of unknown origin have BUY AMERICAN been consideted to have been mimed, produced or manuf- -turgid outside the United States. CERTIFICATE Excluded End Products _ ____ __ Country of Origin (Check only if offer exceeds 310.000 in amount.) He ❑ has, ❑ has not, participated in a previous contract or subcontract subject to the Equal Opportunity cLuse EQUAL herein, the clause oti&ally contained in Section 301 of Executive Utdet No. 10925, or the clause contained in Section OPP0K711NiiY 201 of Executive Order No. 11114; he ❑ has, ❑has not, filed all required compliance reports; and representations indicaU gt submission of required compliance reports, signed by proposed subcontractors, will be obtained prior to sub- contract awards. (Dire above representerion need nor be submitted in color., ,chon with e(ontracts which or exempt/loom the Equal Opportunity clause.) 1.3 EQUAL 1 (Check only ff offer exceeds $50,000 and offeror has 30 emplovees or more./ The offeror ,epR that (a► he O has developed and has on We. []has not developed and dues not have on OPPORTUNITY We. at each establishn,.... affirmative action programs as required t•y the rules and regulations of the Secretary of AFFIRMAT" YI: (,.sbm (41 CER 60,1 and 60-11, ur (bf he Uhas not previously had contracts cob► ,;t to the written affirmation action ACTION i Pf,Wa+n requi•emeat of the rules and regulation% of the Secretary of Libor. PROGRAM (The abawe representation need not he submitted in connectitot with cvaNats which ,see exempt from rho Equal Opportunity clause). 6486.3 41ti P4. WSTING TO: Mayor and City Council Juil 9 -1986 FROM: Mark Bernhardson, City Administrator N DATE: June 4, 1986 SUBJECT: VanEeckhout Sewer As you are aware we have sent our response letter to Long Lake on their original denial for provision of service to the VanEeckhout property, indicating that the City would be willing to enter into an agreement to allay the City of Long Lake's concerns regarding any possible descrimination of service as it relates to Orono residents. This item was reconsidered at the Long Lake Council meeting on Tuesday, June 3, 1986 and it is our present understanding that the request was again denied. Staff is presently awaiting a letter and once that letter is in hand staff will see what, if any, al-ternatives there are for further service exploration with the City of Long Lake. PROPOSED MOTION - Muved by , seconded by , to accept staff's information regarding the request for sewer s. •i s to the VanEeckhout property. Ayes , Nays 53086.6 J TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator DATE: May 30, 1986 UV-11- AIMING SUBJECT: Reconvened Board of Review - 7:60 P.M., Wednesday, June 11, 1986 Just a reminder that the Board of Review with be reconvening at the time and date listed above to consider the 11 preseriters from the Board of Review meeting on May 27, 1986, together with 1 person who a letter. Rolf Erickson and Dave Wilde will be presenting a fact sheet and recommendation on each of the properties and Council will be considering those in order at that time. If you have any questions or comments, please feel free to (-jnIta::t mr�. PROPOSED MOTION - Moved by , seconded by _ , to acknowledge the reconvening date of the Board of Review for June 11, 1986. Ayes Nays P.S. Attached please fines recommendations from Rolf Ei-ickson and Dave Wilde together with ` written information from Lakeview Golf Course. cc: Rolf Erickson 0 TO: Orono Mayor & City Council- N.cnbers FROM: Rolf Erickson & David Wilde Date: June 6, 1986 RE: City Board of Review Imformation Attached is the imformation on the properties that were presented to you at the Board of Review. Please note that we t-:,ve not finished all the review work. We will attempt to supply you with the imformation on these as we complete it. We will also have comparison material on the golf courses when the County Assessor's office completes it. Orono 1986 Board of Review Recommendations The following work has been completed by June 6, 1986. Recommendations are found in the same line as the Property ID . John Hollander Current Value Recommenr' 25-118-23 43 0009 25000 30000 25-118-23 43 0011 35000 30000 25-118-23-43 0019 152800 No Change 2;:-117-23 44 0005 51400 No Change As of June 5, 1986 we have not been able to contact Mr. Holander. We have made repeated attempts to call him with no success. Recommend no further changes. Land changes are to equalize values. Jane Slaughter 30-118-23-31-0002 32000 No Change The property division has bc. requested and will be for this ax year. As soon as we receive- the paperwork, we will complete the division. The naw value will reflect the amount of land transferred the neighboring house.. Alan McDowell 1105 Ferndale Rd. W Current value Recommend 02-117-23 44 0010 897400 No Change The property was puruchased August 1983 for $825,000. New hour was built on old foundations. Refer to your sales book for the sale of 1055 W Ferndale Rd. PIDN 02 117 23 43 0022. Sold January, 1985 - 700000. Timothy Schoen Current value Recommend 33-118-23 44 0031 111,700 100,100 New construction 1986. Reviewed and reclassified house from AA to AAA (next lower classification). Owner notified and agrees. Grant Wenkstern Lakeview Golf of Mtka. Inc. 06-117-23 32 0002 06-117-23 13 0005 06-117-23 33 0007 06-117-23 34 0002 07-117-23 12 0001 See attached charts. C &0040-d ?; U Current value Recommend 634,400 No Change 8300 No Change 8300 No Change 10000 No Change 5900 No Change N Karen & Richard Ziminsky 1095 Brown Rd. N Current value Recommend 27-118-23 31 0006 291,100 275,000 Recalculated Structure. Checked land and lowered $10,000. Property sold April, 1985 for 275,000. Recommend re uction to sale price. Pat Wolfe Current value Recommend 20-117-23 31 0056 374100 354200 Property located next a public access. Recommend a reduction bayed on adverse influence of beach. Attempted to meet with Mr. Wolf but he will be out of town until June 6, 1986. Will try to meet with him next weeK. 8i11 Wyatt • Current value Recommend 31 118 23 12 0013 122600 122600 Recalculated structure and checked land value for equilization . Note 5 acre vacant parcels on Deborah Dr. consistently sell for $50,000. Ref. sale 650 Minnetonka Highlands- ;.gold 11-85 1ell 00()n RESIDENTIAL SALES DATA ADDRESS 650 Minnetonka High] PIG # 6 117 23 44 3 CITY OF ORONO LAKE NAME Mtka-north Arm PROPERTY DESCRIPTION MARKET DATA LAND: Land Area 43560 Sale Amount . .3 160000 Topography Shoreline BUILDING: Year Built 1977 Story Height 2oo Ground Floor Area 1328 Gross Bldg Area 2272 Garage Sq. Ft. Att 816 Water-1 Sewer-3 Gas=4 0 190600 Fireplace Bathse (full) 1 (3/4) 2 (1/21) 1 % Finished Basement .6 Central A. C.= 1 1 Lineal Ft. Walkout 0 Comments: Sale Date 11 85 Eff. Front Footage 0 Effective t/FF 0 Seller Janes, Dennis Buyer berg,john & Sharon EXTRAS: Porch GP=1 SP=2 2 Deck Sq . Ft 84 Information Source: File Submited By: City Assessor Date: 86-03-23 Donald rk Marcia Gray Current value Recommend 03-117-23 34 e6 187400 177200 Reviewed and recalculated structure. Checked land value and found it equitable with neighborhood. Ref. Sale of 2275 Webber Hills Rd- Sold 11 84 157000 Ref. Save of 2085 Webber Hills Rd- Sold 5 85 155000 SALE PROPERTY MUNIC: 38 ORONO - - - - SEC: 3 00: 33 SUFFIX: 4 PURCHASER AND LEGAL DESCRIPTION STREET ADDRESS MARESH,alANE & JOHN 3 117 23 33 4 2275 WEBBER HILLS ROAD L3 B1 WEBBER HILLS SALE PRICE: $ 157000 DATE: NOV. 1984 LAND AREA: 67982SO FT 1.54ACRES LAKESHORE? LAKE NAME: GROUND FLOOR: 1608 % BSM'T FIN: 0.88 #FIREPLACES: 2 2ND & 3RD FL.: 0 BATHS: #IFULL 01-3/4 #0-1/2 GOA: 1608 BEDROOMS -MAIN: 3 OTHER ERS: 2 W.O.(L1N.FT.): i COMMENTS YEAR BUILT do TYPE OF BUILDING 1970 RAMBLER FIN.: DEED TYPE: WARRANTY DEED CENTRAL AIR 0 0ARPGE: l ATT - - - T 0 T A L S IJR 4 - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - T0TAL5r0R33---------- ------ - ---- - - ----- T GTALS FOP - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PHOTO OF SUBJECT u1 7 '-ALE PROPERTY - - - - MUN I C : 30 ORONO -- -- SEC: 3 - - of) : 34 - - - - SUFFIX: 24 PURCHASER ;;ND LEGAL DESCRIPTION STREET ADDRESS BUTTERFIELD,LOREN&PATRICI 3 117 23 24 24 2085 WEBBER HILLS RD L7 63 WEIBER HILLS SALE PPIGE- S 155000 DATE: MAY �85 LAND AREA: 44648SQ FT 1.02ACRFS LAKESHORE? N LAVL NAME: GROUND FLOOR: 2166 % BSM'T FIN: 25.00 #FIREPLACES: 2 2ND & 3RD FL.: 8 BATHS: #2FULL M1-3/4 #0-1i2 GBA: 2166 BEDROOMS -MAIN: 3 OTHER BRS: 1 W.O.(LIN.FT.): 4 COMMENTS 10.375 INT YEAR BUILT & TYPE OF BUILDING 1972 RAMBLER FIN.. DEED . YPE : WARRP DEED CEN-rF,,'- AIR 0 GARAGE : J ATT - - - T 0 T A L S FOR 24 - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - --- TOTALSFOR 24----------- - - - - -------- - - - - -- - - - T 0 T A L S FOR 3 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I PMOTO OF SUBJECT V Scott Goldsmith Current value Recommend 33-118-23 31 0011 56700 460 Footings only on .pan 2, 1986. Value corrcetud to iltlect the amount of structure compl►te on that date. Ai Hilde Coirrent value Recommend 36-118-23 41 00b1 A800 Change Property purchased for $344.000 85. reaiew:ng other prop& ties In the ar..A wi 1r. In, on J� o, 19€6. see attached ct. 0 , R E S I D E N 'r I A A_ J D A T A ADDRESS 220 Northgate Rd PIv M 36 118 23 41 51 CITY OF ORONO LAKE NAME PPI PERTY DESCRIPTION MARKET DATA LANDS Land Area 7649.Q9849 Tapogra -hy Shore 1 ; . , BUILDING: 'mar Built 1985 cory Height 100 4round F1 oor Area 21-18�- Gross Bldg Aria 2082 Garage Sq. Ft. Att 55z Water-1 Sewer-3 Gas=4 0 EXTRAS i Firepl avc-w 3 Porct, is;- --I SP-2 Deck Sq . Ft 0 Bathes (full) 1 (Ls/4) 1 (1/2) 1 X Finished Basement .6 Central A, C.- 1 1 Liner' Ft. Walkout O Commer. _ i t Sale Amount . .s 344000 Sale Date 6 85 Eff. Front Footage 0 Effective rlFF 0 Seller & icLe Construction C Buyer 7, Al & Jayne AF"=--h......'S VALUATION iota! Valuation 19 $273900 EMV Buildin,3 EMV Land Information Sources File Submited Byr City Assessor per• . = 86-0 -27 ,JORTHGATE PARTNERSHIP PIDM NAMESTORIESQUALITY GFA GEA 1984 1985 1986 SALE DATE AMT 36 118 23 41 0047 ACKMAN 1.5 2 2520 3036 274800 294800 306500 36 118 23 41 0048 LAZERE 1.75 3 2172 3026 208300 22830r i400 9 82 227000 36 118 23 41 0049 STELE I.5 2 1950 3109 220000 24000C 0400 7 65 310000 36 118 23 41 0050 PEARCE 1 3 2056 2056 204000 2420OG ._j1600 9 84 335000 36 118 23 41 0051 HILDE 1 2 2042 2082 40000 273900 284800 6 85 344000 36 118 23 41 0052 CL'1'F ON 36 118 23 41 0054 CCt-1<-al 35 I13 23 44 0016 W,:,I. 4 i 3 1864 1864 191000 ,uO 2151400 3 S4 215000 36 11_ 23 44 0017 HEWITT 1 3 1996 1996 201000 221000 229900 5 81 238600 36 11�O 23 44 0018 COMMON c DATE. TO. FROM'. SUEJECT: F,;;reisal of . -lf (.our!cs the 1 ',nr,Es%'Ac r, �;c.ct lc. 19H, As! esS„tI t :1, 1 1►.� iG� , lr, F rEDcrat c . fc r tt•C Inc.! i:. E c sr-,;- hE',t"E. i i. Lc;"ty /,SsfssG'''s OfficE cocrdinttet ar, EfIn!", tc,,.erd Er, i:EC aS-SeSsr=-'t of calf courser. This effort cu,.1.ty StEf` arr►s•,ser: ar.c ell City assessors whoSE jurisdictions included ta,at,lE S;,lf courses. else, F.S. 273.112, wl�,ic► controls the con sideratlor, utilized ir. tt,e veluctior. of ; .is type Cf property WES revier,ed carefully tt',t assistance of the cc•urt,y attorney's office. ThE crclysis involved. a re�ie„ of eaO, course and t►,eir rh sictl character- iStiCs. A brief C.„tl ire C` tr.C- StEr•S ir::1,.EC are as f►rllo:::: Tts base vElu. Cf the uclr.,rcveO tCreec_ i!, etch CC,urSE W!S eStat'is►•e. a. «`.. This +_s e).tracted fro: - a-. ar.a1ysis of agricuItureI VZIU(- used ir: va1UInc f a r r Iar,.''. ir, Hennepin CG..rty'. 1r,E reason; for beginning tr.ith EG value: is sdtr. 4 of V.S. 27:.1.2 rJ:ich stews tt,et assessor-5 Shall r,ot Cfr,sider tt•e influence of cor,�,_rci&l, ir,d,,strial, resiCential develo-,—r.t an: their effect or, value wl-;en valuing golf courses. To the initial value of S9E: per acre w-as added the cost of creer.s, fairways, s;,r-161er systems, clue h:-usES, tennis cC.:rts, swirr-irg p4^15 ane other i!;rc,%e, Arts. For eor,Listaney, uniforr. ratir, of factors influCnCinL value WES utilized or, eat►'. course. Size, lc=atior, to r:q-uiation certers, d:Sigr,, E: are just a few of t►_se factors. The rating sheet is er,cicse fur ,yCur infcr!-!tior,. This ir,formatic- is being pro? idEd to each Co-:-is!icner in ar, effort to . ir,fcr- you of the action. thPt has beer, talon. It Wauld tc less ther accurate to say anything ott,-r thar, tf,e ,OMnErs of the golf co'Jrses affected t,ave a Serious concern regarding the irpact cf this assessment. The information attached pro%ides a summary of the criteria, rethadOoyy, er,d results of this effort. In rr,- opinion., t►,e value derived from tt,is r-ethoC:• iog), is both reaso►,'_!'lE er•d EGuitat•le. !r fact, t►-is htS recently beer, used as t►,e t-!Os for settler-cr.t of a Court petitior on V.( Mir.iland. Elul. PItNE� OTA OPEN SPACE PROPERTY TAX LAW Lars 1969, Chapter 1115 (M.S. 273.1111) Subdivision 1. This section way be cited -s the "Minnesota Open Space Property lax 1.aw." Subd. 2. The present general system of ad valorem property taxation in the Ststn of Mir.nesot dues nct provide an e.;uitable basis for the taxation of crrta.n private outdoor recreational, open space and Farb land property and has resulted in excessive taxes on some of these lands. Therefore, it is hereby declared that the public policy of this state would be best served by equalizing tax burdens upon private outdoor, recreatie-ial, cpan space and park land within that state through spprepriate taxini measures to encourage private development of these lar..ls which would othv wise Nava Qo be provided by goverrasental a,:thority. Sub,:. 3. Real estate shall b* entitled to valuation and tax defersent ur-Ser this section only if it is. (a) actively and exclusively devoted to golf or skiirg recreational use or ales and other ret'restional uses carried on at such golf or sizing establishment; ,b) five acres in sirs ov acre; and (c) (1) operated by private individuals and open to the public; or (2) operated by firms or cc�rpprations for the �-onefit of employees cr jaescs, or (3) operated by -,ivate Clubs having a membership of SO or more. Subd. 4. T'he value of any real estate described in subdivision 3 shall upon timely a,,^plication by the owner, in d.tie tanner provided in subdivision 6, be determined solely with re erencr to its apFroprsste pr;vste outdoor, recreational open space ar.d ;ark land ciassificaticn and value notwithstaridir;j Minnesota Statutes 1967. Sections 272.03, Subdivision g, and 273.11. In deter¢ining each value for sd valorem tax purpcses the assessor shall not consider the value such real estate would have if it asre converted to com- mercial, Industrial. residential or seasonal residential use. Subd. S. The oxfessor shall, however, make a separate detersinatioi of the market val_* of such real estate. Tl+e tax based upon the appropriate sill rate applicable to such property In the taxing.listrict stall to recorded on the property assessment records. Subd. 6. Application for deferrent of taxes and assessment under t1riis secti:m sl:all be made at least 60 days prior to January 2 of each year. Such application shall he filed with the assessor cf the taxing district in which the real property is located on such form as any be prescribed by the Commissioner of Taxation. The assessor may requsre proof by affidavit cr otherwise that the property qualifies under subdivision S. Subd. 7. When real property which is being, or has been, valued and assessed under this section is sold or no longer qualif;esundcr subdivision 3, the portion solJ or the port -en which ro longer qualifies under subdivision 3 shall be subject to additional tames. in the amount equal tv the difference between the taxes determined in accordance with subdivision 4, and the mac mt e, ierra-.rd under subdivision 5, provided, how- ever. that the amount determined under subdivision S shall not be greater than it would have bten had *.he actual bona f.Je sale price of the real property at or aims length transaction been used in lie., of the market value determined under subdivision S. such additional eases shall be extended against the property on the tax list for the current year. provided, however, that no interest or penalties shall o* levied on such additional taxes if timely ps14, and provided further, that such additional taxes shall only " Ievied with respect to the last seven years thatthe said property has been valued and assessed under this section. Subd. B. The tax isrosed by this section shall be a lien: upon the rroperty assess*4 to the saw extort and for the seas duration as other taxes imposed 4an property within this state. The tax sl-all oe annually ex- tended by the county auditor and shall be collected and fistributed in the ranner trovided by law for the coilec..on and distribution of other 1-rorerty taxes. Subd. 9. Tei; section shall sprty assessments fir tat rurporei gale beginnii:g in 1970 used to determine taxes payable :ri 1971. "crwv Commissioner of Taxation Forts 132 APPI.11ATION FOR VALUATION AN9 TAX DEFERMENT OF PRIVATE OUTDOOR RECREATIONAL, OPEN SPACE AND PARK LANDS Lars 1969, Chapter 113S (M.S. 273.112) To Assessor, County of State of Minnesota. being first duly sworn, deposes and says that he is/are the owner(s), or a duly authoritod officer of such owner(s), of the following described real estate situated in the of , in said County of , State of Minnesota: Affkant herewith requests that the aforesaid real estate be valued in the forthcoming assessment and that taxes based on any such higher valusticm be deferred enter the provisions of the Minnesota Open Space Property Tax Lam, Laws 1969. Chap- ter 113S. In support of this request rffiant submits that the conditions of use and of ownership of the above described property does, as he -*in provided, sent all of the requirements of this act. 1. The above described real estate is actively and exclusively devoted to golf or skiing recreational use or uses m.ui other recreational uses carried on at such golf or skiing establishment. "Yes" or ..W. 2. The above described real property consists of five or more acres. "fvs" or "No" 3. All of the above described real estate :s operated in accordance •1% the requirements of this law and Is: (a) Operated by private individuals and open to the public. 'Yes" or "No" i or (b) operated by firms and corporations for the benefits of eaploytes or guests. "Yes" or 1740" i or (c) operated ',e Tivate clubs having a membership of $0 or core. "Yes" or "No" 1 hereby declare that I have .sad the provisions of this set and that the information contained in this application is, to the best of my knowledge, true and correct. 1 further agree to provide information relating to the operation, use or the sale of any portion of the real estate described heroin which wo%.Id cause this property to be no longer eligible for the deferment of taxes under provisions of the law. Subscribed and sworn to before sax this day of 19 STATEMW OF ASSESSOR S1 W"T,-t 14nt Male 00 oMaa ewta' s Am ss 1 eartify that 1 have reviewed the sforegoing application and e.i,jn due conslderation do herewith Aram - am (cross Out one) such request for considers' ion in assessment for the year beginning January 2, 19 Application for "to most of valuation with respect to taxes peyable wider the provision of this act shall be filed annually on or before November 3rd of the year prior to the assessment date on which such teats ere based. SITE EVALUATION CRITERIA Location Vehicular Access - The ability to reach the course easily from all portions of the market area is a primary element in the success of any recreational facility. Pedestrian Access - This is directly related to adjacent lan,+ use and whether there are people living and working in the area who can walk to the course. This is more of a bonus than a major factor in overall feasibility. Urban Suitability - What affect will the course have on the city and its growth pattern? Is a golf course compatible with existing land use patterns, parts, or projected community and regional plans? Exposure - The visibility of the course and facilities to the general public. This can be a strong element in the marketability of the course. also,' will the green space afforded by a golf course have a maximur: impact upon the city and its image? Design Factors Size:Overall - Is there sufficient gross acreage to support a quality golf facility; 18 or 27-holes? Size::UsablF - Are there portions of the site which cannot be used for golf due to sc;ls, topography, deed restrictions, easements, drainage, etc. �hape:Orientation - Will the site layout, fairway orientation, safety of play, etc.? in questic;n lend itselt to a proper golf sequence of roles, flow of traffic and Topo.graphy - Rolling or undulating land is an asse* to a golf•coursE providing visual interest and range of challenges. Sevpre topography can be wasteful, costly and frustrating for the average player while a flat site is bland and monotonous. Trees - Mature trees and plant materials provide much of the character of any golf course. They provide scale, background and framing for greens and fairways and are a primary factor in providing a more challenging and enjoyable experience for the golfer. Overall Golf Quality - Every golf course has its own image; held by its regular go:Ters and presented to its visitors. This quality is a composite of all the atove factors and yet, in the case of a golf course, the whole is more than the sum of its parts. This quality is an intangible factor, hard to quantify or measure in hard numbers, yet is an overriding factor in site consideration. and we have given it a corresponding weight in the evaluation process. The character of the land forms the basis for any course. is the site somewhat small, the cost higher, or harder to get to? Perhaps any or all of these concerns may be outweighted by the presence of a lake, stream or particularly interesting topography or natural feature which will give the course unique character. Maintenance Turf - The ability of the topsoil to maintain a good turf cover. Drainage - Involvt- possible siltation and erosion resulting from flooding caused from co;:ditions up -stream from the site. Also refers to the ability to drain water from the site. Watering System - Manual to fully automated, sprinklered greens to fully sprinklered course. Accessibility - The ability to get maintenance equipment to all sit,- area'.. - i0P GOLF CGu;.SE !70 ACRES, 16 Hole if Course with 0-e Highest Possible S::cre cf y''J Points using 50.50/Acre as the Value of Lard Suitable f;,r a GDlf Course Land: 170 Acres S950/Acre • I-prove;eras: 18 Greens 0 S80,000 = (5.0,000!green represents the esti-ated cost tn ccnstruct the tcp qua1it., e,-j1f cCurse) Total f 13 Grcers = say IE1,GC 51 .440.0-- �1,6�,I C (' rjroFn Tnis value per Green is used as the E:se to Calculate an Cpen Space `value fcr r.a:h Golf CcJrse. PAR 3 AND MINI 9 �"LE GOLF COURSES 3i Acres X 950/Acre = S 28.500 9 Greens X S`_C',GOO/Green S 450,GJ0 say ,�r� f ID 06-117--23-32-0002; 06-117-23-33-0005; Of,-117-�3-- -0007; U7-117-23-12-0001 h1UN I C Orono NAME: Lakeview 0 U F- d z u- 4J W V) W Q V W Ln X } Z W Q CRITERIA WEIGHT 9 8 7 6 5 4� 3 2 1 SCORE Loca ti on Wei ht x Rae ! = Sc o're Access 10 ; X I 40 Urban Suitability 20 6 X + ! IX 120 30 I Exposure DESIGN Size } 6 ! ; X i 1 i X 24 21 Shape/Orientation ` 1� Topography 8 i X — 48 Trees 7 X 14 Overall Golf Quality 10 X 30 AINTENANLE - CONDITION 8 , ' X Turf _ 40 Drainage 7 1 X 35 Watering System - 4 X 35 Accessibility X ( 24 OTAL SCORE I 100 I , I ' 461 ; sepre (Lakeview) 461 .5122 X 89000 per hop Perfect score 300 (perfect cour W ) X 18 holes = 820600 tentative 1987 taxable lard value, NAME: DATE: I.D.0 / ADDRESS: 4 OCCUPAPlCY 5 BUILDING C! ASS BUILDING QUALITY 6 EXTERIOR WALL 7 NUMBER STORIES HEIGHT SAVERAGE FLOOR ARE' 9 AVERAGE PERIMETER 10 EFFECTIVE AGE A LIFE EXPECTANCY CONDITION AREA 11 BASE SQ. FT. COST 12 HEAT VEN', COOLING 13 ELEVATOR DEDUCT. 14 MISCELLANEOUS 15 T OTA L 16NO. STO MULTIPLIER 17 HT/STn JLTlPLIER :SFLR AR&/PER MULTP 19COMBINED MULTPLIER FINAL CAL` 'IONS 20REFINED SQ ri" COST 21 ZURRENT COST MOLT 22 LOCAL MULTIPLIER 23 FINAL SQ FT COST 24 AREA 25 AREA X COST 26 LUMP SUMS 27 REPLACE `lttNT COST 28 DEPRECIATION 29DEPRECIATION AMOUN 30 DEPRECIATED COST TOTAL DEPRECIATED ROUNDED VALUE LAKEVIEW COLF APPRAISER: R ERICKSON 1-2-86 6 117 23 32 0002 3ECTIGN 1 SECTION 2 SECTION 3 SECTION 4 COUNTRY CLUB BSMT GARAGE STORAGE D LOW COST WOOD 1 12 1080 1^^n 142 17 45 AVERAGE 1080 1980 1120 880 32.04 20 15.5 9 0 0 0 0 32.04 20 15.5 9 1.00 1.00 1.00 1 .Ol, 1.06 1.00 1.00 1.00 1.10 1.00 1.00 1.00 1.16 1.00 1.10 1.00 37.15 20.OU 1_.51; 9.00 1.0? 1.00 1.00 1.00 1.11 1.00 1.00 1.00 44,12 20.00 15.50 9.00 1080 1990 1120 680 -??651 39600 17360 7920 47651 3...100 17360 7920 .25 .25 .60 11913 9900 0 4752 35738 29700 17360 3169 85966 96000 VALUATION HISTORY LAKEVIP GOLF 1985 TAXABLE LAND BL -�G TOTAL 06 117 23 3.. 0002 310100 40100 378200 04 117 23 33 0005 4400 4400 06 117 23 31 0007 4400 4400 07 117 23 12 0001 1700 2700 321600 '700 1986 TAXABL: LAND V_DG R 06 17 ?3 32 0002 548400 86000 634400 06 117 23 33 0005 8300 8300 06 117 23 33 0007 8300 8300 07 117 23 12 0001 5900 5900 1985 DEFERRED LAND BLDG TOTAL 430800 68100 498900 6100 6100 5700 5700 5400 5400 4 8000 68',00 516100 1986 i�EFERRED LAND BLDG TOTAL 625000 8E,O0 711060 9500 9500 9500 9500 6700 6700 570900 86000 656900 650700 86000 736700 �w - a LAKLVIE-W GOLF OF N11N r-.,rC)NKA. INC. N014111 ARM s! LAKE JnNNETC) K 1 MOUND. MINN. TELEPHONES: - CLUBHOUSE GIL 2-3459 RESIDENCE GR, 2-2906 June 5, 1986 Members, Board of Review City of Orono This is the infor mation ahead of time to review for your meeting on Wed., June 110 concerning Lakeview Golf of Orono,Inc. Recreational Value. Sincerely Yours, -P-�x - 41 Grant R. Wenkstern ?resident; Lakeview Golf of Orono;lnc. 1986 ems CM:RSE AS:f.Y,4F.':T t'INS � aah n: Open Space out I:tag Total Value Per Open Space Building Course Acreage rr.ons Land Value Value_ -'a two Stlre Green Land Value value ' Burl 218.67 IN 42S.8no 1214,900 'S54.In" 483 47.763 859.700 143.)no Oavcona 145.19 IR 121,400 342.190 563.600 3:2 31.842 573.200 577.nOO Edenvaif 105.91 IN 317.500 67.400 164.900 491 44.455 872.100 1:1,000 EJina 125.i1 IN 1.000.2011 '',:. 90 1.751.400 711 70.310 1.265.600 1,304,or . Elm Creek 67.11 IN ,. .100 9).400 254.600 I 343 11,0474 681.700 100.200 Golden Valley 144.49 11 919.000 1.157.000 2.076,000 1 709 70.112 1.142,000 1.047.000 Hampton Hills 146.42 18 )00,900 129,100 43u.000 323 31.941 574,900 1:6.300 Holly dale 125.28 IA 337.100 57,400 194.500 411 40.46:3 1;1,600 60,)nn interlachen 190.13 IA 1,301.500 527.500 1.835.000 734 72.584 1.306,500 067.000 Lafayette 1.5.45 1 456.000 1.050.000 1.506.000 Gil 60.421 543.8n0 1.042.600 Lakeview 135.56 1-13:1.600 68.100 389.700 5�! r:S,SAB din wnA rat n++n Minneapolis 152.02 In 1.700,00n 275.000 1,975.0M1 7nK 10,013 1,14n,100 507000 ylnnewta Valley 141.15 IN 9 ATof)()37n.000 I-' "."0 68) h7,S4. 1,11S.T00 519,dnn Minnetonka 116.50 IN 214.7n0 4tlI.in) 705.100 �� hn! S9.S)1 I.n71,hOn 771.nnn uak Rad:e 149.70 1" 9t-5.100 825.60n Lp9q.7nn ( L'1 1 71_892 1.294.100 1.4SO.not) ul)nplc Mils 167.23 1r 531.500 315.(M 1.10A.501) 557 55.081 V41,51Ju ,11.0011 Rolling Green 213.84 • .141 4 472.700 517.400 1.010.100 6)tl 63.091 1.135.6M) 708.,On Si,amrrck 191.98 Itl 3 30. 000 91.000 421.000 4)) 4:.819 710,700 M9.h1u) SunJance 155.62 ° 213,.nn 147.6n0 371.000 inn 29,hh7 534.nn0 256,non '=av_ata 216.h0 I-1 I•01.q.000 1.57H.000 2.627.400 719 71.101 1.274.89O 1 551.eiN) �.•oJh.all 192.95 I8 817,9011 725.600 11543.500 MA 75.947 1,)67.000 528,60n PAR 3, 9 HOLE COCRAS Cedar dills 39.81 9 lob. 9Of) 20.Mo 126.900 331 Havlen Hills 35.0 S 50.700 101.200 153.900 335 Jo:nrr Dale 72.51 9 2SO,700 4)S ':orundale 27.35 u 1_'4,900 53.900 278.800 1 557 FrJ Oa► 21.67 9 54.1)00 45.000 99.0(x) 310 Total valJe ' ,053.00a Pg • I,oso,ron � G 933.200 w L t,5h9,600 V � ?It, Ono •o 2,309,000 7n1,1�0 �3 191000 1° 2.173:500 /t I,5Ah,boo vwJ6, f�On 111 i 1,147.SOOre - n I,7a5.SO 1 . IM 2.600r 2.7:4,900 S i 1,502,S00 ✓I 1 , 04:4, 3or, I) R..0.30t; '04 7on00n // > 1.1+ )1 ,.4(y) 7 1.895.600 is 3 14.412 175,:DO 20.000 195.400 19,729 177.400 133.400 3ii,000 25.616 230.600 --- ;tn,i�m 3:,807 295.300 53.9nn 349,100 18.256 164,300 47.400 211.700 273.111 TAXFS; IISTING, ASSESSMENT assessments levied at any time by a county or district court under the provisions of chaptc r 116A. History: EA1967 c 60 s 1-13; 1969 c 1039 s 1-9; 1973 c 311 s 15; 1973 c 450 s 1; 1973 c 582 s 3; 1976 c 2 s 94, 93; 1976 c 134 s 78; 1977 c 307 s 29; 1917 c 423 art 3 s 4; 1980 c 437 s 2; 1980 c 497 s 1; 1980 c 560 s 4; 1982 c 523 srt 22 s 1-3; 1983 c 222 s 8; 1984 c S93 s 16.17 273.112 PRIVATE oL-rDOOR RECREATIONAL, OPEN SPACE AND PARK LAND TAX. Subdivision 1. This section may be cited as the "Minnesota Open Space Property Tax Law." Subd. 2. The present general system of ad valorem property taxation in the state of Minnesota does not provide an equitable basis for the taxation of certain private outdoor recreational, open space and park land property and has resulted in excessive taxes on some of these lands. Therefore, it is hereby declared that the public policy of this state would be best served by equalizing tax burdecs upon private outdoor, recreational, open space and park land within this state through appropriate taxing measures to encourage private development of these lands which would otherwise have to be provided by governmental authority. Subd. 3. Real estate shall be entitled to valuation and tax deferment under this section only if it is: (a) actively and exclusively devoted to golf, skiing or archery or firearms range recreational use or uses and other recreational uses carried on at the establishment; (b) five acres in size or more, except in the case of an archery or firearms range; and (c) (1) operated by private individuals and open to the public; or (2) operated by firms or corporations for the 1xnefit of employees or guests, of (3) operated by private clubs having a membership of 50 or more. - i' Subd. 4. The value of any real estate described in subdivision 3 shall upon timely application by the owner, in the manner provided in subdivision 6, be ' L. determined solely with reference to its appropriate private outdoor, recreational, open space and park land classification and value notwithstanding MicnesMa Statutes 1967, Sec!ions 272,03, Subdivision g, and 273.11. In determining such,-''. value for d valorem tax purposes the assessor shall not consider the value such real 4.-. estate would have if it were converted to commercial, industrial, residential or seasonal residential ust. Subd. S. The assessor shall, however, make a separate determination of the market value of such real estate. The tax based upon the appropriate mill rate applicable to such property in the taxing district sha'1 be recorded on the property t assessment records. y -t Subd 6. Application for deferment of taxes and assessment under this section shall be made at least 60 days pnor to January 2 of each year. Such application shall be filed with the assessor of the taxing district in which the real property is, located on such form as may be prmcnbed by the commissioner of revenue. The assessor may require proof by affidavit or otherwise that the property qualifies under subdivision 3. SuW 7. When real property which is bang, or has been, valued and assessed under this section no longer qualifies under subdivision 3, the portion which no`A longer qualifies shall be subject to additional taxes, in the amount equal to the difference between the taxes determined .n Accordance with suhdivision 4, and the amount detrrmi;ved under subdivision S, provided, however, that the amour determined under subdivision 5 shall not be greater than it would have been had the actual bona fide sale price of the real property at an arms length transaction been used in lieu of the market value determined under subdivision 5. The additional taxes shall be extended against the property on the tax list for the current year, provided, howe%er, that no interest or penalties shall be levied on the additional taxes if timely paid, and provided further, that the additional taxes shall only be le%icd with respect to the last seen years that the property has been valued and assessed under this section. Subd. 8. The tax imposed by this section shall be a lien upon the property assessed to the same extent and for the same duration as other taxes imposed upon property within this state. The tax shall be annually extended by the county auditor and shall be collected and distributed in the manner prodded by law for the collection and distribution of other property taxes. Subd. 9. This section shall apply to assessments for tax purposes made beginning in 1970 used to detennire taxes payable in 1971. Subd 10. When title to real property qualifying under subdivision 3 is transferred, no additional taxes shall be extended against the property if (a) the property continues to qualify pursuant to subdivision 3 and (b) the purchaser files an application for continued deferment of taxes pursuant to subdivision 6 within 30 days after the sale. History: 1969 c 1135 s 1; 1973 c 582 s 3; 1SpI981 c I art 2 s S; 1983 c 222 s 9,10 273.115 STATE PAID WETLANDS CREDIT. Subdivision 1. The county auditor shall annually reduce the tax liability of each owner of wetlands exempt from property taxation pursuant to section 272.02, subdivision 1, clause (10), by an amount equal to one-half of one percent of the average level of estimated market value of an acre of tillable land in the township, city or unorganized territory in which the qualifying wetland is located, multiplied by the number of acres of wetlands he owns. Any excess of credit over tax liability shall not be raid to the property owner but shall be applied to the tax liability of the owner of the wetlands for any parcel he owns which is contiguous to the parcel %ontaining the wetlands. Subd. 2. The total amounts of credits allowed pursuant to subdivision I and the total amounts of revenue lost as a result of the exemption pros idcd in section 272.02, subdivision 1, clause (15), shall be submitted by the county auditor to the commissioner of revenue as part of the abstracts of tax lists required to be filed with the commissioner under the provisions of section 275.29. The amount of revenue Inst as a result of the exemption shill be computed each year by apply ins the current mill rates of the taxing jurisdictions in which the wetland% are located to the assessed valuation of the wetlands for purposes of taxes levied in 1979, payable in 1980 Provided that payment to the county for lo-t revei.ue shall not be less than the revenue which would have been received in taxes if the wetlands had an assessed value of S5 per acre. The commissioner of revenue shall review such certifications to determine their accuracy. He may make such changes in the certification as he may decm necessary or return a certification to the county auditor for corrections Subd 3. payment shall be made according to the procedure provided in section 273 13, subdivmon 153, fur the purpose of rehlaring re%inue Kist as a result of the exemption provide I in w—ion ,7, o". subdivision 1, clause (15), and the credit pro%ic,..d in this-.rctiov No. 209 Tax Court Oichaid Cartlens Country Club, Inc., Respondent, 49904 vs. The Commir.sioner of Revenue, Pelator. S Y 1. L A b U S Yctka, J. %ndorsod Filed May 30, 1980 John McCarthy, Clerk Minnesota Supreme Court 1. Under the tlinnerota Open Space Property Tax Law, Minn. Stat. S 273.112 (1976), the Dakota County Assessor may not de- termine that the open space value per acre for rill golf courses in rakota Ccunty is equal. 2. The tax court's formula for determining the open spice value is reasonable in this case. Affirmed. Heard before Shrrnn, C.J., Yrtka and Scutt, JJ., and con- sidcred znd deci6od by the court en Lanc. O P 1 N 1 O N YLIKA, Justice. This case eerie( -iris the valuatirn of the Orchard Gardens Country Cltib, Inc. ("Orchard Gardens") property pursuant to the llinnr!�Ma Oprn r)•ace Property Tax Law, )1inn. Stnt. S 273.112 (1976). As of Junua:y 2, 1977, the Dakota County Ano;rnsor placed a r.tirket vr•lue of $ 3, 500 pez ace c on th. Orchard Gar dens pror- vi ty .1110 all `01,011 rpace" value of $7, ;;00 I)cr acre on the r..11tic I�ropvrty.I Orchard Cardrioi le(joe;tcd the h:►).otn County Itoard 1 I'ur 19'75, 11►r :►r:r.e!:1.c�r h.id I,I.ir•1•tl a n�.�rl:at v:11t1tr t•f v?,:Uf► tnt 111v pi-p ►ert.y. 1'o) )nwil�►I npisenl r. by Ort hai i) Gartleiv.., III(- tax a of 1;c1u,-,li-,ation tv tcIt) cr' , oth vitIuations, hut. the board dcclincd to do so. Orchard Garden!, then opi,valed the board derision to the Cu-vtmissioner of Revenue, who denied orchard Gardens' re- quest for a lower valuation of the property. The commissioner's order of October 25, 1977, was appealed by Orchard Gardens to the tax court. By order dated January 10, 1979, the tax cot►rt offirrcd the market value of $3,500, but reduced the open space value to $1,184 per acre. The Conu-issioner of Revenue petiliwted for and received a writ of certiorari. V.'e affirm. The issues involved in this appeal are: 1. noes the Minnesota Open Space Property Tax Law, Minn. Stat. S 273.112 (1978), allow the Dakota County Assessor to determine that the open space value per acre for all golf courses In Dakota County is equal? 2. Did the tax court properly conclude that the open space value must t+c directly proportional to the estimated market value set by the Ca?cota County assessor :or Inch Self course? Orchard Garcicns Country Club, Inc., owns approximately 35 acres of land in Burnsville, Dakota County, which Jr. operated as a nine -hole par three golf course. The City of Burnsville • has zoned the land single family residential and issued a F-pe- vial use permit for a golf course. The Dakota County Assessor placed an estir.atect va0--et value of $3,500 per acre on the land, plus a value of $10,000 for a pro shop and machine shed located on the 1, The value placed on the buildings ha:, ncvrr been in dj- le, .l►id the $3,500 market vrtlue Jr. not now disputed by an% of the partics. 1 (Continued court ordered it reduction of the• fair market value as of Janunry 9, 1975, to S],l.f•0 per art,- ,en(i lite jecrcatin►tal (nr open sracc) vilut. to $),000 pee- acrr. This oanuary 11, 1977, order of thr tax court wAs Slot alprealed, but tilt: decinivt► did not Addresn the ],-crl i!:scrc rrenc,"ted hrrr and it: therefore not detcaminitive of th?n cose. - 2 - a She controversy i n this oppval cvnici s around the S2,200 per acre designated as the omen space value for Orchard Gardens and all other golf courser. in Vahota Co►►nty. The ars•esrot pincrd a value of $2,200 on each acre of golf course land in the county dcsl,i to the fact that the CS ir• rated mar kct val uc•s varied from a low of $3,500 per acre to a high of $6,500 her acre. The assessor testified that recent sales of golf courses Were used as a base for determining market values. lie stated that current use was therefore a r•ajor factor in determining the market values, but that zoning was also a consideration. The tax court found that the open space value had been arbitrarily set at $2,200 for each acre of golf course lard. The court conclu.3vd that the open space value should be directly proportional to the n.arkrt value of the land and dcternined the Orchard f,ardens open space value as follows: (open space value ) $6,50C (highest mar- ket value ) (Orchard Gardens market value ) x $3,500 = $1,184 (Orchard Gardens open space value) The Commissioner of Revenue contests heath the tax court's method of computing the open space value and its findinc that the open space value for all golf courses r•ay not be equal. 1. The pertinent portions of the Minnesota Olen space Property Tax Law are: SuWlvision 1. Thir scetic.n rrav be citccl as the "11:nncsota Open F-pace r'rrperty Tax Law." Subd. 2. The pi-rsent general system of ad valorem property tt►arttion in the state of Min- nesota does not provide an ecluit.ablc basis: for the taxation of certain hrivftte outdoor recroa- tional. Oren r.hace nr►d rack lnnd property and has resulted in excrsnive inxes on vuste of these )nods. Therefore, it is 1►rrel)y ctcclared that thr I+ublic policy of this date be iJest nerved by rdttnlizing tax burdens trron private outdoor, recrrnlional, open space itnt' rnrk land vAIhin this► %talc. tht-ittgh approl-re t.r+xittr uK,,surt•a to enrourage private duvclol+ien'nt cif lbvse lsonds: which votild Mherwite have to be rnvilled by governmrnial nuthovity. - 3 - Y Subd. 3. Roal ustate shall br cntitlrcl to valuation and tax clefcime►►t under this section only if it is: (a) ,actively and exclusively clevoted to golf or skiing recreational u::r or uses and other recreational uses carried on at such golf or skiing establishment; (b) five acres in size or more; and (c) O) ciiu•rated by private individuals and omen to the public; or (2) c-Aerated by firms or corporations for the benefit of crrployees or guests; or (3) operated by private clubs having a membership of 50 or more. Subd. 4. The value of any real estate described in subdivision 3 shall upon timely application by the owner, in the manner pru- vided in subdivision 6, be determined solely with reference to its appropriate private out- door, recreational, open space and park land classification and value notwithstanding Min- nesota Statutes 1967, Sections 272.03, Sub- division 8, and 273.11. In determining such value for ad valorem tax purposes the assessor shall not consider the value such real estate would have if it were converted to corrrercial, industrial, residential or seasonal residential use. Subd. 5. The assessor shall, however, make a separate determination of the market value of such real estate. The tax based upon the appro- priate mill rate applicable to such property in the taxing district shall be recorded on the property assessment records. Minn. Stat. 5 273.112, subd. 1-5 (1978). There is no question that Orchard Gardens falls within the scope of subdivision 3 and iK t1,ur rr►t i t leri to preferential tax treatment under this statute. The issue here is how the preferential treatmnt may be implemented consistent with the leginlntive intent and Min- nesota law. Ilse relater is eco rrct in ttatiny that the determination of lvgir.lntivr intent is for rill pl-acticisl purposes confined to a rending of thr statute since the avnilnble lrgiclative hir.lusy revealr• nothing pvatinrnt to the+ Jt;sue hrrtr. The re- lntcsr r.rques that tha ciricrminrstivc stnlulory is •th* publiet pelbw 44 this state. voul,d be Most krrved by equalizing - 4 - tax bu)dens upan private outdoor, recreational, open !.pace and park land Within this state thrcuyh ef;ropriate taxing measures to encourage private development of these lands • ' '." Minn. Stat. S 273.112, sided. 2 (1970). Vie fact that all recreational lands in Dakota County have linen valued for open space at $2,200 per acre, relator argues, shows that the assessor has piolcrly carried out his duty to equalize the tax burden on such lands. The valuation of the assessor is prira facie valid, and the burden of proof rests upon the party asserting that his property has been inequitably assessed. Red O►,l Stores, Inc. v. Corvnissioner of Taxation, 264 Minn. 1, 117 N.V1.2d 401 (1962); Schleiff v. County —of Free- born, 231 tUnn. 389, 43 17.11.2d 265 (1950) . Relator contends that respondent has not rlet its burden of proof to show ineq- uitable assessrent because larger and better equipped golf courses pay larger taxes than Orchard Gardens. Those courses have more acreage and buildings with higher values than the small Orchard Gardens pro shop. Respondent argues that the uniform $2,200 per acre valua- tion is invalid ;% a matter of law. First, Orchard Gardens contends that the Open Space Property Tax Law does not con- template such an across-the-board valuation. Respondent fo- cuses on the statutory language which provides that open space valuation shrill "he determined solely with reference to it-; ap- proprinto private (Nutdoor, recreational, open space f►nd yark land c)assif!cat ion and value * * *." Minn. Stat. S 273.112, subd. 4 (19713). Vc, ag)re with respondent that the reference to "appropriate open !%p:wc clanniffeat ion and value" strongly suggcstcs the lrg- isl.lturr intcndr►1 their to be several elannes of open space 1AIA 0110 r(cotinisrri thet 011o11 al,nr'!, h:►R diffcri►►.) vtrlaes. Rinse auhitivision 3 in effect limits the classes of property - 5 - a to vlpich the statute is applicable to private -,ol, and skiing r_-Aablishweiits, it is reasonable to believe the legislature envisioned varying values of gulf courses. Respondent relies additionally on the cast, of In re Teti- tion of ilamri v. State, 255 llirin. G4, 95 N.W 20 649 (1959). In that case, the petitioner's property was assessed at 341 of Its market value, but similar property was assessed at 28-401 of its market value. We held that discrimination in the irposi- tion of the tax burden resulting from systematic, arbitrary, or intentional un-leivaluation of same property as compared to other property of the f.ar.c Class violates the uniformity clause of the llinnesota Constitution and the equal protection clause of U.S. Const. A-icnd. XIV. Id., 255 Flinn. at 70, 95 N.w.2d at 654-55. The uniformity clause is presently found at Flinn. Const. Art. X, Sec. and Frovides that "Taxes shall be uniform upon the same c'ass of subjects • 4 *." + stated the following in explanation of the uniformity clause: The right to uniformity and equality is the right to equal treatc.ent in thit apportionment of the tax burden. Unifoi►rity of taxation does not permit the systematic, arbitrary, or intentional valuation of the property of one or a few tax- payers at a substantially higher valuation than that placed on other property of the same class. Neither does uniformity permit the adoption of an arbitrary yardstick of valuation for all prop- erties which ignores their differences in bctual market value. Id., 255 Flinn. at 70, 95 N.t:_2d at 654. For this last proposi.ion, �,c cited Cumberland Coal Co. v. Board of Revision of Tay Assesr-ments, 284 U.S. 23 (1931). In that case, all coal in tht- same tounthip had been assessed at the same valuation regardless of the duality of the coal and the accessibility of tht- coal to market. 7hr Supieme Couit foiind that thin plan of n-.r.c-Pgwvnt was systematic r,nd )ntcn-- Ooiial duppite the belief of the autt-orities in it.t validity. Id. at 9S. The ct,utt held hint the petitioneirt were entitled M+ a 11 to a rvadjur,tment of the of their coal eo r-s to put the assessments ulion a basis of eclnality Vjth clue regard to dif- fer�nces in actual value. In this case, the Dakota County Ar.- syssor has placed a value on all yolf course land tw•ithuut re- gard to actual value, much as all caul in a township w,i! sessed at one value. The tax court observed that by placing an arbitrary value on all lands used for golf courses, the more elaborate .end so- phisticated golf courses would Lear an artifically lower share of the tax burden while the less elaborate course must pay a higher share. This observation is true des,ite the fact that the more sophisticated courses will pay more due to their more elaborate buildings and grater acreage. The result of the assessor's $2,200 per acre across-the-board valuation is thus inimical to the spirit of the uniformity clause. We affirm the tax court's conclusion that applying the $2,200 per acre valuation to all golf course properties is tmrtsetount to the adoption of at arbitrary yardstick of valuation contrary to the Intent of the statute and Minnesota law. 2. The tax court. detomined the open space value for Orchard Gardena to be $1,181 per acre. This figure cr.ts de- rived by finding the ratio betweon the highest rarket value for a Dakota County golf course and the open space value and then ari•lying the ratio to the ;3,500 per acre market value of Orchard Gardener. The tag. rourt'r .-method mikes. the open space value directly proportional to the rti.irl.et value. The relator coirtrnds that the tax cous t 's r,lethod of de- teratining the opett space vai%le ir, contr.1tj- to the statutory Iar►e�et«eft that t In ck-turrnininst such value lopes rlaicel for ad vAlos ell lax ► tit i-onen the Ar r.C•r.r.or r:ha l) not chn- siik.r tier• valrre etch t(-a) catutcr Mould have if it wi-re convreted to Coulm-If-141). iuclustrinl, renidential or settnoli'll reaident ial lice. Mime. itat. f Y!?.l)2, cub+1. 4 09701. fiance the nsr:r••r~or - 7 - taken 7or,iny i1110 oc4701,111t in d(1c•rminin(j the markc. value, Clio relatc)). Ir(3ues, ,any open :.;pace vaItic based on marl.et value inur.t necessarily tale into account the valuo of the land for alterna- tive coaancrcial or residential us,c-s. Respondent states that the tax courC's method Jr. a prac- tical and simple sol4iion to a very corp)icated taxing problem# and we agree. The purpose of the statute is to assure that tee- reational lands will not be taxed of their full value for develop- ment purposes, but rather at their value for recreational pur- poseal sea as to encourage retention of the lands as recreational foollitiers. The tax court's method of determining open space value by taking a percentage of market value does reflect the difference between recreational value And t^.arket value of the land at its highest and best use. The assessor r^trst, of course, be permitted some Iceway in arr;-,;ing at an open space valuation, but in this case, the tax courr's method is a res"onable way of ir,.plementing the statutory purpose and must be affirmed. Affirmed. t =M Property Taxation of _Certain ^• en S act Prc —rtv (Private Golf Clubs) ws of Minnesota 1986, Chapter 412 (S.F. 1950) limits the application of the -yen Space Property Tax law to faciiitics that do not discriminate r he basis c�i sex. The "Minnesota Open Space Property Tax Law" (M.S. 273.112) provides a "preferential property tax treatment" for curtain private outdoor recreational and open space property. In determining the value for ad valorem tax purposes, the assessor must not consider the value s»ch real estate would have if it were converted to commercial, industrial, residential or seasonal residential use. In other words, it cannot be taxed at its "higheF and best" use but rather must be valued for its present recreational use as loi.g as the property continues to qualify for ti"A s treatment. If it ceases to qualify, a penalty is itr.posed equal to additional taxes for the cur nt year and previous seven years. A section -by -section summary ri Chapter 412 is as follows: Section I amends the criteria for eligibility by providing that in order to qualify for the valuation and tax deferment under the Open 'race Property Tax Law, a private club cannot discriminate in membership requirements or selection on the basis of sex. It further provides that in the case of real estate devoted to golf, the pro- pe:ty must be made available for use without discrimination during the time when the facility is open to use by the public or by its members, except that use for golf may be restricted on the basis of sex no more frequently than one, or part of one, weekend each month and no more than two, or part of two, weekdays each week for each sex. A private club could therefore continue to have one weekend per month set aside for an "All Men's Weekend". The same is true on the two weekday limitations per week. (This two day limitation could be a combination of 2 mornings - i.e. Wednesday and Friday AM, 2 afternoons - i.e. Tuesday and Thursday, and two evenings - i.e. Wednesday and Thursday.) Any tournaments or special events that are not open to the public nnr to members of the club are exempt from the discrimination +-rovisions. "Dist rimination" as !!fed in ..kis section, t:cans a pattern or course of conduct and not linked to an isolated incident. Section 2 deletes an obsolete reference. Section 3 provides that in the case of property operated by these private clubs, the taxpayer must submit an affidavit or other written verification that the bylaws or rules and regulations of the club meet the eli :ility requirements. The signed affidavit shall be sufficient demonst— Ion of eligibility for the assessor unless the county attorney determines wise. Therefore, it is not necessary for the assessor to "audit" the books of the private club to determine whether or not the club is eligible. Page 2 Section 3 further provides that the county assessor shall refer any questions to the count• attorney regarding the eligibility for the open space property tax treatment. The taxpayer shall furnish any infot-matien which the county attorney feels is necessary to determine if the club is el'gible for the valuation and deferment under this section. If it is brought to the attention of the assessor that a taxpayer feels that a golf club is discriminating, the assessor should notify the county attorney of the complaint and let the county attorney investi- gate it. Section 4 provides that if real property ceases to qualify because of failure to comply with prohibitions a£i:nst discrimination on the basis of sex, the real property is not sub ect to xnv r''itional taxes imposed by this section. Without this provision the following would have happened. Minnesota Statutes 273.112, subdivision 7 provides that when property no longer qualifies for the valuation and deferment under this section, additional taxes are levied for the t-urrent year and with respect to the last seven years. The additional taxes are eoual to the difference between what the property would have paid had it not been eligible for this deferment and the amount it actually paid. The county asses or keeps two separate values for each year on this property, so the addi- tional tax amounts are easy to determine. Section S contains the effective date. The assessor of any taxing district that contains property that has received the Open Space property tax deferment for taxes payable in 1986 shall notify the taxpayer of the additional requirements impc.sed by this act by May 1, 1986. In order to qualify for the valuation and deferment for the 1986 assessment, the taxpayer of the property operated by private clubs must submit an affidavit or other written verification to the assessor by October 1, 1986 stzting that the bylaws or rules and regulations of the private club will melt the eligibility provisions of this act by December 31, 1986. The private club does not have to meet these discrimination requirements for the 1966 calendar year. However, if they wish to qualify for the 1986 assessment for taxes payable 1987, they must meet the cri<<rir by December 31, 1986. It is felt that the affidavit that is submitted by October 1, 1986 will suffice for the 1986 assessment (which, in a sense, is a retroactive date) and will also be proof of the January 1, 1987 assessment for taxes payable 1988. f n W—): Mayor Butler Mark Bernhardson, City Administrator .` s' �`IC Orono Council Members FROM: Jeanne A. Mabusth, Zoning Administrator DATE: June 5, 1986 SUBJ: Request for Refund of Subdivision Application Fee - Aop'cation $1024 - Michael Robinson The applicant has asked that his proposed 2 lot subdivision application be withdrawn and requests a refund. The application was tabled at the Planning Commission meeting of May 19, 1986 at the applicant's request. Staff recommends the following refund: Application Fee $250.00 Publication charge for $1.0.22 publication of hearing notice Staff time in preparation of memo, 37.50 typing and copying Site Inspection 25.00 $72.72 Refund $177.28 FETING TO: Mark Bernhardson, City Administrator JUN "7 - l9c'6 FROM: John R. Gerhardson, Public Works Coordinator �` ' � '197 �,4"1'�79 DATE: June 4, 1986 SOHJ: Bathroom Floor Replacement - Orono Golf Course For 1986, we proposed replacement of the bathroom f loors at the Orono Goli Course. We have received two informal quotes for the replacement as follows: Carpet City, Hopkins - ;962.00 West Tonka Interiors, Navarre - $610.68 It is staff recommendation to have West Tonka Interiors do the work. p" TO: Mayor and City Council FROM: Mark Bernhardson, City Admini.s+_ratof Forwarded recommending approval.. 64 36.4 3-5 TO: Mayor and City Council FROM: Mark Bernhardson, City Admini�-trato lAft DATE: June 4, 1986 SUBJECT: Administrator's Information BOHN'S POINT J UN 0 - 1986 Currently staff', efforts in working an arrangement to voluntarily regulate the noise problem at the Ulrich property apparently are successful as no further complaints have been received from the neighbors. Staff will be monitoring the situation on an occasional basis and should there be further complaints, staff will work with Ulrich's people to try to rectify them. PROPOSED MOTION - Moved by _ , seconded by , to accept staf f's information regarding Bohn's Point. Ayes Nays • LIST OF LICENSES FOR COUNCIL APPROVAL FOR MEETING OF June 9, 1986 Septic System Installers - Volkenant and Sons, Inc 1030 County Road Duane Ritter Exc. 7120 Vernon Coppin Plumbing 8201 Couty Road 26 Quickway Exc. Co. cglw�'t EE-t1NG JU14 9 -1?86 �rry OF NOW Special Event - Parade of Homes - September 9, 1986 3 - 8 p.m. weekdays and 1 - 6 p.m. weekends Smuckler Corporation 7625 Metro Blvd 4150 Edina, MN 55435 Location of event: 'i8O L'Etoile de Nord Liquor License - Jimmies Lounge 3380 Shoreline Drive Set Up License - Spring Hill Center 725 County Road 6 Off Sale - James P. Hill • Little Oak Market 2160 Wayzata Blvd On Sale -- Grant R. Wenkstern Lakeview Golf Course 405 North Arm Drive Robert D. Bennett Mexican Eatery 2160 Wayzata Blvd 1'(Al Office Ik)x 6G cM of• 4RONO CITY USE ONLY ("rystal Bay. hlmnesoUl'6323 BUILDING d ZONING — 473.7357 ASSESSING SEPTIC SYSTEM INSTALLERS LICENSE APPLICATION All questions must be answered. License fee, bond, certificate of insurance, and evidence of MPCA Certification or.Home Sewage Treatment Workshop attendance must accompany this application. All applications are subject to a ten (10) day approval period. 1. Business or trade name Llo Jt4�,,J A ti / *r �_ ,,,- w c_ 2. Business address / b 2, r , ram,{ er g 3. Business phone -7C - /.y'-I-J _ Residence phone 4. Name of applicant or company representative holding MPCA certif ication 11, 1, -L e ( "zt- 5. Type of certification held: A Installer ,r Pumper _r_ Site evaluator /C System designer Is this a Provisional Certificate? Certificate No. S 7 1 6. If no Certificate is held, provide evidence of attendance at one of the On -Site Sewage Treatment Workshops held immediatel) prior to the current construction season. 7. Have you ever held a Septic System Installer license in Orono before? Most recent year B. have you ever had a license revoked? When? Where? SUBMITTALS REQUIRED• 1. $25.00 license application fee. 2. $2000.00 iicanse and permit bond naming City of Orono as obligee. The State Plumbers Bond will not be accepted. 3. $10-50-100,000 minimum Certificate of Insurance. 4. Copy of ,urrer.t MPCA Certif icate or evidence of attendence at On -Ste Sewage Treatment Workshop held immediately pricer to cur:.ent_ construction sr..ason. LICEN;ES tiILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED. List persons other than applicant who are authorized by you to apply for permits under your license The undersigned hereby makes application to the C%ty of Orono, Minnesota, for license to install and repair septic systems, and/or pump out septic tanks, subject to thn laws of "he State of Minnesota and the Ordinances of the C;ty of Orono. Daate mil. Applicants Signature r,(-- Staff recommendation Approval �C_ Denial _ Date ,_5 Reason for denial: City Council Action Hate Approved Denied Date license mailed CA"T Of ORONO Crystal Kay, Minnexota MN12:1 SEPTIC SYSTEM INSTALLERS LICE-4SE APPLICATION IiUI1.MNG A ZONING - 473 7357 ASSESSING All questions must be answered. License fee, bond, certificate of insurance, and evidence of MPCA Certification or Home Sewage Treatment Workshop attendence must accompany this application. All applications are subject to a.ten (10) da approval period. 1. Business or trade name /ziR t 2. Business address 3. Business phonel��,T•" ( l�/" Residence phone y 4. Name of applicant -or company present t4ve holding MPCA certification 5. Type of certification held: Installer PumpZO Site evaluator System designer Is this a ProvisionaY Certificate?!'� Certificate:�=� / 7''� _ 6. If no Certificate is held, provide evidence of attendance at one of the On -Site Sewage Treatment Workshops held immediatel; prior to the current construction season. 7. Have you ever held a Septic System Installer license in Orono before? � Most recent year ,� S 8. Have you ever had a license revoked? When? Where? 4. Do you do Municipal Sewer hook-ups? Yes-4_ No SUBMITTALS REQUIRED: 1. $25.00 license application fee. 2. $2000.00 license and permit bond naming City of Orono as obligee. The State Plumber, Bond will not be accepted. 3. $10-50-100,000 minimum Certificate of Insurance. 4. Copy of current MPCA Certificate or evidence of attendence at On -Site Sewage Treatment Workshop held immediately prior to current construction season. LICENSES WILL NOT UE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED. List persons other than applicant who "e _horded by you to apply for permits under your license/ The undersigned hereby makes application to the City of Or(.,no, Minnesota, for license to install and repair septic systems, and/or pump out septic tanks, subject to the laws of the State of Minnesota and the Ordinances of the City of Orono. Date f�'" 1 / � Applicants Signature Staff recommendation Approval ?!C_ Denial Date 77_ F3 CTTY Reason for denial: USE City Council Action D.ste _Approved �~ be-nied ONLY Data license mailt,(l i ®tom of 0R0J%1 �� SEPTIC SYSTEM INSTALLERS T (:ryRtnlltay,Mintjcnoua:ti►�'L:I LICENSE 11P�'LICATION MAY 7 9 i9�,6 BUILDING & %ONIN j - 473-7357 nSStSSING LJ .__ All questions must be answered. ,. bond ,_-certificate of insurance, and evidence of MPCA Certification or Home Sewage Treatment Workshop attendance must accompany this application. All applicat;ins are subject to a ten (10) day approval period. 1. Business or trade name `--o opl,\ Q4 n- iKn 2. Business address o\ 3. Business phone 41aa3\ko 1, Residence phone L _lk'C Wo 4. Name of applicant or company representative holding MPCA certification � 4ykzl_ 'Q 5. Type of certification held: Lo"Installer Pumper Site evaluator System designer Is this, a Provisional Certificate? Certificate No. 6. If no .-crtificate is held, provide evidence of attendance at one of the On -Site Sewage Treatment Workshops held immediate) prior to the currant construction season. 7. have you ever held a Septic System Inwiler license in ;...j_ Orono before? ✓ Most recent year 8. Have you ever had a 1 icen ;e revoked? ' ,(� `kD TV.hen Where? �. Do you do Municipal Sewer hook-ups? Yes SUBMITTALS REQUIRED: [/ 1. $25.00 license application fee. 2. $2000.00 license and permit bond naming City of Orono as obligee. The State Plumbers Bond will not be accepted. 3. $10-50-100,000 minimum Certificate of Insurance. 4. Copy of current MPCA Certificate or evidence of attendence at On -Site Sewage Treatment Workshop held immediately pr ur to current construction season. LICENSES WILL NOT BE PROCESSED UNTIL ALL 'T",MS ARE SUBMITTED. List persons other than applicant who are authorized by you to apply for permits under your license The undersigned hereby makes application to the City of. Orono, Minnesota, for license to install and repair septic systems, and/or pump out septic tanks, subject to the laws of the State of Minnesota and the Ordinances of the City of Orono. Date 11� 194C, Applicants Signature Staff recommendation Ar-proval Denial Date CITY Reason for denial: _ USE. City Council Action Date _—_ Allprovc,d `___ Denied ONT,Y Date i icense mailed _ Staff recommendation CITY Reason for denial: USE City Council Action ONLY Date license mailed Cpnl lly, Mint SI SYSTEM INSTALLERS (.I�of ORONLICENSE AFPLICiTION RUII DIN(; A ZONING - 473.7357 ASSESSING All questions must be answered. License fee, bond, certificate of insurance, and evidence of MPCA Certification, or Home Sewage Treatment Workshop attendence must accompany this application. All applications are subject to a ten (10) day approval period. 1. Business or trade name I 2. Business address f 3. Business phone 417- SO'7 7 Residence phone 4. Name of applicant -or company representative holding MPCA certification -vM'e<, �� �•''�-' 5. Type of certification held: Installer Pumper Site evaluator System designer is this a Provisional Certificate? Certificate No. ,tom 6. If no Certificate is held, provide evidence of attendance at one of the On -Site Sewage Treatment Workshops held imm •iatel5 prior to the current construction season. 7. Have you ever held a St•rjtic System InstAIler license in Orono before? y=_ Most Ic^ent year 8. Have you ever had a license revoked. o wh Where? �. Do you do Municipal Sewer rook -ups? Yes No _ SUBMITTALS REQUIRED: �l. $25.00 license application fee. �:! LJ1. � r�.F Kern-�� �- r 2. $2000.00 license and permit bond naming City of Orono as o 4gee. Tt, State Flumbe Bond will not be accepted. 3. $1u-50-100,L J minimum C ':ficate of Insurance. i]Z/4. Copy of current. MPCA Certificate or evidence of attendence at On -Site Sewage Treatment Workshop held immediately prior to current construction season. LICENSES WILL NOT BE PROCESSED UNTII, ALL ITEMS ARE SUBMITTED. List persons other than applicant who are authorized by you to apply for permits under your license The undersigned hereby makes application to the City of Orono, Minnesota, for license to install and repair septic :systems, And/or pump out septic, tanks, subject to the laws of the State of Minnesotl-i and the Ordinances of the City of Orono. � •-_.� � Date (�-- 2 �' Applicants Signature ` I Date c _ _ ` ••t Approval _ \ Drni Data Approve De n i ca �__ ,_. - -- . _ a APPLICATION (fu/L_Pr ..J 2 PARADES and SPECIAL EVENTS CITY of ORONO, MINNESOTA 55323 Date: 5-21 19 8C Application Number • Name Smuckler Corporation Address 7625 Metro Blvd. 1/50 .£J,tia Alt--i Location of Parade or Event 2780 L'Etoile de Nord Orono, MN. Name of Persons and/or Organizations Handling the Event &&s Builders Assoc_ation _ Phone Numbers •$6r?��6I, Date of Event 9/7 1986 Hours of Event_, P_m• to 8p.m. weekdays 1p.m. to 6p.m. weekends Reason or Purpose Parade of Homes Insurance Coverage Comprehensive General Liability Amount $500,000 Company Maryland Casualty Copy of Insurance Certificates t . be Submitted with this Application. I am aware of all applicable State and other laws regarding Parades and Special Events and will abide by same. I also agree to hold the City of Orono harmless from all liabilities that may arise directly or indirectly from the Parade or Special Event approved by thw grantiA9 of this permit. 011 Fee: $25.00 :signature of Applicant Fee Paid: Date: _ t.'. p . 19 , L Ch e r. k Cash I r I t I office Use Only, Remarks: •'� ¢ �l.t�t ___.�-I. RECOMMENDED: Yes No Public Safety Director Approved: Yes No Clerk -Administrator 3- RI PRODUCI " JERS, INC. 11ETRO BLVD. #235 MN 55435 INSURED SMUCKLER CORPORATION 7625 METRO BLVD. -;150 EDINA, 11N 55435 ISSUE DATE (MMYDU/YY) w CFRTIFICATE IS ISSUED AS A MATTER OF NIFORMATION ONLY AND CONFERS ' ^IGHTS UPON THE CERTIFICATE HOLDER. THIS CERTWICATE DOES NOT AMEND, `,D OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A MARYLAND CASUALTY TTER COMPANY LETTER S COMPANY w LETTER V COMPANY O LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREA"NT, TERM OR CONDITION OF ANY CONTRACT DESCRIBED OR OTHER DOCUMENT HEREIN IS WI i A RESPECT SUBJECT TO ALL THE TO WHICH THIS CERTIFICATE MAY TERMS. EXCLUSIONS, AND CONDI- BE ISSUED OR MAY PERTAIN, THE 1,. DURANCE AFFORDED BY THE POLICIES TiONS OF SUCH POLICIU. CO `TYPE - vrXlcr El;frTvl axrty [!<PaM'I�A LAWL" LIMITS IN THOUSANDS M (. AGGREGATE lT OF INSURANCE POIiCi NURIBER [Alt AAK10NY1 r*I[ AMIIODIY'r! aomIAL LIABBJTV 9DD4� �Y a a COMPRENENSNE FORM PREMISE50'FRATIONS oAOPf pry a L7fPlOS LAPSE NA1AR( �$ A vRODMI'SCOMPLETEU OPERATIONS CONTR11CTU& SMP 37946704 i 1 / 1 /86 111187 001101811%*0 a $500, 500, MgEPFIUfyT CUNTRA(:r0R5 � _------ BROAD FORM PROPERTY DAMAGE I PERSONAL MLAPY r PERSONAL INJURY aSOO, AUTOMOBILE LLAMLI'TY ANY AUTO ALL OWhtED AUTOS IPFW PAStSI AL: OW%0 AUTOS 1 Z,"pTA$SSI 4WD AUTOS NON OW%L A R!? ;IRA d ' A84.''Y EXCESS LIABILITY LW MLLAFORM OT►PR TH4r UMaF' t ; WORKERSCOMPEN AND tMPL'JYERS .!ABILITY OTHER i i I _.. ..-__.... _........ _ 1. iCRiir I OF OPERATIONSLOCATK)Ni'1 CITY Of ORONO ORONO, MN 55323 BfXt. AtAIIY i� I PROPER*v __� I cAw�.E a a «COMtlNaD a $ (FAG+ ACCILMIM $ 0WASE 0110 a- iT 19 {AtM ET i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDtAVOR TO MAIL 10 DAYS WIMTTE.N W)TK:t TO THE CERTIFICATE HOLDER NAAWD TO THE LIFT, BUT FALLURE TDMAIL SkK," 000T001 SHALL aVoO t NU UBLIGATIp1 OR I.IAMJ-Y OF ANY KMID UPON f COMPANY ITS AGENTS OM RtPRtSENTATHIES AUTWXAITFD RF11Fi+ T F CONDITIONS TO FERMIT 1. Must provide civilian traffic direction at both entrances to French Creek. 2. Set up a one way traffic pattern. 3. Set up parking completely around circle to accomodate visitors. 4. Notify persons now living on French Creek and L Etoile de Nord of upcoming event by mail 2 weeks in advance. 5. Post "NO PARKING" signs on County Road 51 from the Art Cent !r on the east to the beginning of the curve on the west on County Road !.. 0 TO: Mayor and City Council FROM: Mel Kilbo, Police Chief DATE: May 29, 1986 SUB. Jimmies Lounge - Liquor License Renewal This nepartment has reviewed this application and checked the file,, and has found no violations regarding this license holder. '-h,�refore recommend approval of this license application. APPLICATION FOR ON -SALE INTOXICATING LIQUOR LICENSE This form was prepared by the Minnesota Bureau of Criminal Ap- prehension, Department of Public Safety, pursuant to Minnesota Statutes, 1976, Section 340.13, for purposes of background in- vestigation. It does not supersede any laws, rules or regula- tions of the Division of Liquor Control regarding the issuance of liquor licenses. Failure to provide information requested may result in denial of the application. trade name ci ensing period 1. Type of Application: U New Renewal 2. jli ..7w1i G %, h�o L I-Z name of applicant y- s -if. Tate of application 11 Transfer S/7a�`!6L phone 3. ,SZ � 3 ,B4pTL a -&- %3 / ✓ al , M6 eAAI,D ^I AJ , home address city stag e 4. :2-10-,3V ' O�Z_ date of birthplace of birth 5. 33F(P .VWreGtA✓e 0�<, A4.411WIllif *Al. 5, 392_ address of business location V eT gaT description 7. List owners of building or premise to be tensed: G/,-ss a- �*�r,✓e-As /H /eA w e e_ ego r o ✓i T"z j,_O .N,eS OW a &j n!A!e Al 8. l?Q r�e ✓� .�7� cor 'rate or.par n�rO tit] NIII� "iTO M.1 ♦'i J.,ry ., .N 9. 3 5 8o SL.c r t 1" A4 04 , A1et ✓A a &-9_ Mal; _rr W jL corporate or partnership address 10. List all partners, officers or directors, if corporation: name address date of birth 5233 l34nTI.e1rj7A/ji OfOd Avb, WAI. C- ra q I.I. If this is a transfer application give name, address, of persons, partnership or corporation holding license for the past year. 12. Who owns the tavern fixtures? 13. What vending or mechanical amusement device company has or will have machines on the licensed premise? 14. Are you a Minnesota resident? ( li Yes El No � �PS� from to If not, where resident: dates of residency 15. Have you ever bet: :onvicted of violating Federal, State or Local liquor laws and/or regulations? ❑ Yes d No If yes explain fully on separate sheet of paper. 16. Applicant, and his associates in this application, will strict'v comply with all the Laws of the State of Minnesota governing the taxation and the sale of intox- icating liquor; rules and regulations promulgated by the Liquor Control Cowd s- sioner; and all ordinances of the municipality; and I hereby certify that I have read the foregoing questions and that the answers to said questions are true of my own knowledge. I further understand that an investigation fee not to exceed $500.00 =hall be charged an applicant by the city or COLMty if the investigation is conducted within the state, or the cost not to exceed $10,000.00 if the inves- tigation is required outside the state. u rY oT A pp 1 Ica Subscribed and sworn to before me this - — Yday of Igy1o. oil i. - - -- C_ HENNEPIN COUNTY n ry pub 1 yr `a".K"a"'a0"' saw My commission expires SET UP $100.00 Liouor Control Division Hanover Building 490 Cedar Street St. Paul, Minnesota S5101 (612) 296-6159 r ': fins STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY f S-9007 02 APPLICATION FOR PERMIT TO ONLY ALLOW CONSUMPTION 61 DISPLAY OF INTOXICATING LIQUOR (This Application Shall Be Typewritten and Submitted Before June 1st of each Year) In answering the following questi( "APPLICANT" shall be governed as follows. Fer a Partnership, one of the partners shall execute this application for all members of the partnership. For a Corporation, one officer shall execute this application for all officers, directors, and stockholders. For a Club, one of the club officers shall execute this application for all the members. If additional space is required, use a separate sheet of paper, indicating by number the question answered. I Kevin B. McPherson (FEE FOR PERMIT — SOU) EVERY QUESTION MUST BE ANSWERED , as General Mariacrer (Name of person making application) flndividual owner, partner, officer, club officer) for and in behalf of Spring Hill Center (Myself, names of partners, name of corporation, or name of club) hereby apply for a permit allowing consumption and display of intoxicating liquor to be located at 725 County Road 6 Municipality of Oronc IStreet address and/or Lot and Block number) Post Office of Wayzata County of Hennepin (Township arid Section) State of Minnesota, in accordance with the provisions of M.S. 340.119. 2. Will business be operated as a private club or public place private club 3. State type of business non-profit conference center 4. FOR A PUBLIC BUSINESS: If a partnership, state name and address of each member of partnership; if a corporation, state name and address of officers and directors. (Name) (Address) (Name) IAOd.nsl (Name) (Address) 5. FOR A PRIVATE CLUB: Date club was organized Aucqust 19, 19'0 is club incorporated les number of members 20 , length of time in present location �4 , r•_ club building owned or rented owned , what is the membership dues what are the requirements for membership election as Director Does club maintain lockers to be used by members for storing intoxicating liquor 111 ` Names of all officers and/or directors of the club: (Name) (Address) 5. FOR A PRIVATE CLUB: Date club was organized August 19, 1970 is club incorporated yes number of members 20 , length of time in present location 14 , is club building owned or rented _owned , what is the membership dues what are the requirements for membership elect on as Director Does club maintain lockers to be used by members for storing intoxicating liquor no Names of all officers and/or directors of the club: Earl D. Craiq, Jr. (Name) William R. Pearce ( Name) B. Kristine Johnson (Name) Pat Grazzini (Name) 430 1st Avenue N., Suite 260, Mpls., MN 55401 (Addrs as) Box 9300, 15615 McGinty Rd., Mpls., MN 55440 l Address) 7000 Central Ave. N.E., Minneapolis, MN 55432 (Address) P.O. Box 288, Wayzata, MN 55391 (Address) Enclose with this application a copy of the Constitution and By -Laws of the club and current list of bona fide members. 6. If applicant or any partner, corporation officer or director, club officer or director, is not a citizen of the Wi,ted States, list such non -citizens none 7. tate r;;,ne of person who will operate or manage business: Kevin B. McPherson P.O. Box 288, Wayzata, MN 55391 ( Name) ( Address) 8. On w'idt floor is the establishment located, or to be located f irst 9. How are the premises classified under the zoning ordinance R-1A-1 Approved for Violations by:'1 '' ' `� '" 00 NOT USE F! Check Inspection Section Cash Rec'd. Rec'd. by Cash:e► 10. State name and address of owner or owners of building wherein the business will be located: Spring Hill Center 725 County Pd. 6, Wayzata, MN 55391 (Name) (Address) 11. Has applicant; if partnership, any partner; if corporation, any officer or director; if club, any club officer or director, ever had a license under the Minnesota Liquor Control Act revoked or suspended or been convicted for any violation of State Laws or local ordinances; if so, give date and details no 12. Is applicant- if partnership, any partner; if corporation, any officer or director; if club, any club officer or director, a member of the governing body of the municipality or county in which this permit is to be issued: if so, in what capacity no 13. Has applicant; if partnership, any partner; if corporation, any officer or director; if club, any club officer or director, any iwerest whatsoever, directly or indirectly, in any liquor establishment in the State of Minnesota 110 . Give name and address of such establishment 14. Furnish the name and address of at least three business references, including one bank reference: First National Bank of Minneapolis; (Name) New Yerk Tea (Name) Owens Service Company (Name) 130 S. 6th Street, Minneapolis, MN 55480 (Addrssa) P.O. Bnx 403030, 818 Vandali.a, St. Paul, MN (Address) 930 E. 80th Street, Minneapolis, MN 55420 (Address) 15. Will intoxicating liquor be sold on the premises no 16. (a) State whether application is: 1. Original 2. Renewal _ X 3. Transfer (b) State whether dancing will be permitted on the premises n� 17. Are the premises now occupied, or to be occupied, entirely separate and exclusive from any other business establishment les 18. State trade name to be used Spring Hill Center 19. State whether an "On Sale" or "Off -Sale" Non -Intoxicating Malt Beverage License has or will be granted in conjunction to this business and for the same premises no 20. Has there been issued, or will there be issued, a $54.00 Federal Retail Liquor Dea!er's Special Tax Stamp for the sale of liquor on these premise, no 21. Has your local government an ordinance re(-,. ag the consumption and display of intoxicating liquor yes 22. If operating under zoning ordinance how is location of building classified t'rIPA 1 hereby Certify that 1 have read and understand *very question in this application, and that the onswsrs oo true of my own knowledge. I further undorttanu that the giving of false information in this application, or the failure to give pertinent rrformattun const,tutot cause for the immediate revocation of this permit. I't iS FURTHER UNDERSTOOD THAT ANY PERMIT ISSUED HEREUNDER DOES NOT ALLOW THE SALE OF INTOXICATING LIQUOR. Enclosed is payment of $100.00 payable to the Liquor Control Director as provided by M.S. 1967, Section 340.119. NO CONSIDERATION WILL BE GIVEN TO THIS APPLICATION UNLESS APPROVED AS HEREINAFTER PROVIDED: If applicant is located in the County, the Chairman of the Board of County Commissioners or his Representative shall approve both copies of the appllcutlon. (Choifman. Board of County Comm,a,onors or hit Rprewntat,"I If applicant is located in a Municipality, the President of the Council or his Representative shall approve both copies of this application. Spring ttill Tenter (Nome of Establishment (signature of AuthorizedApplicant) Subscribed and sworn to before me this Qa,r of Zh a r 19 JJ INOtN ►cabbie) My Commission expires 0 00-1- de, (President of the Council of hie Ropreeontative) HELEN M WOLFS MbT,t�y R/M sC tMh-V!SOTA HENNEPIN CC '.tNTY My Me, Zm txle Iern 1". iOFF SALE $25.00 STATE OF MWNESOTA \filler -Davis Co.. %linneapolia, Minn. Combination Application for Retailer's � (Off -sale) Non -Intoxicating Malt Liquor License 7'o the City of Orono Name of Ilee:ulni authority laanntyl Icltrl (village) County of Hennepin I James P. Hill _ _ , of the city, village, or town of tL Paul , county of Ramsey , State of Minnesota, hereby ntake application for a Retailer's (On -sale) (Off -sale) Non -intoxicating Malt Liquor License to sell such Malt liquor under and pursuant to an ordinance (resolution) passed by city, village council, county board of Hennepin and Chapter 840, Minnesota .Statutes 1946, as amended, providing for licensing and regulating the +ale of non -intoxicating malt liquor. During the past five years, my residence has been as follows: James P. Hill 1529 Chelsea. St. Paul, Mn 55108 I was born 10 16 �)1at __, St. Paul aloc. Dar Year City Village itoromb Town suau or County I am a (native) (naturalized) citizen of the United Stake. Native I am married. My (wi fe's) (husba nd's) name and address is J a n P i c h a H i 1 1 1529 Chelsea St. Paul, MN 55108 I am proprietor. --- Firm :oas incorporated—. June 1970_ in the state of HJUMAnta Corp.,ration Is authorized to do business in Minnesota. License is for Lynane (street) (highway) located as follows: 2160 Wayzata Blvd. Long Lake, MN 55356 The license will be in conweclion with Retail & Convenience food store Drug 81mru. Cats. Raatauraa% EWUL Chh which had been in operation 9 years Pont ba Yean The establishment is located on the first floor fir. The business premises are owned by Q Petroleum Corporation The taxes on the property are not delinquent. ' lam nOt engaged in the retail sale of intoxicating liquor. I have not —had an application for license rejected as follows: I have never been convicted of a felony nor of violating any National or state liquor law or loeal ordinance relating to the manufacture, sale or transportation, or posausion for sale or itTndportation of intoxicating liquor. Gambling or gambling devices will not be permitted on the licensed premises. 1 amthe owner of the leasehold, furniture, fixtures, and equipment in the premises for whiek UW license U applic,t, except --__---- .-- --_-------.--_---___--- The license will be in conneelion with Retail 6 Convenience food store Druf Store. Cate, Restaurant. Hotel. Club which has been in operation 9 years Months Years The establishment is located on the first f 1 oo r _ _ fir, The business premises are owned blIt 0 p e t r-QU-uDC co r b o r a t: o n The taxes on the property are not delinquent. I am not pnFalted in the retail sale of intoxicating liquor. I have not tad an application for license rejected as foilows.- I have never been oonvicted of a felony nor of violating any National or state liquor law or local ordinance relating to the manufacture, sale or transportation, or possession for sale or tr tnsportation of ntoxioating liquor. Qamblinig or gambling devices will not he permitted on the licensed premises. I am the owner of the leasehold, furniture, fixtures, and equipment in the premises for which the license is applied, except. ---- I have no intention or agreement to transfer the license to another person. I submit the following names of persons, inclu,ling a bank, for reference, with whom I have had business relation sa follows:._._._ BQb Abdo. 710 argill Building, Northatar Center, Marquette Ave., Mpls., MN 55402 _ Miruiesota Bank man, Kirk Wholm, 1900 Sibley Merorial Hwy., Eagan, MN 55122 d0 DQt intend to engage in the sale of intoxicating liquor and will have a Federal Occupational Tax Receipt in accordance with the ordinance governing this license. My Federal Tax Stamp Receipt is No I will comply strictly with the provisions of the ordinance relating to the sale of soft drinks for "mixing" purposes ar,d will serve patrons in full view of the rublic. I airree to waive my Constitutional Rights against search and seizure and will freely permit peace officers to inspect my premises and agree to the forfeiture of my license it found to have violated the provisions of the ordinance (resolution) providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge and that I agree to comply with all the provisions of the ordinance under which this license is granted. Subscribed and sworn to before me this_ aav vt__— - _._-_, 1J _s_._ -- .ter NOTE: iasos of the U"lted 4ratea and wh,- are of food moral character ♦ad r"Ute, Who ►awe attain«) • t 41 establishments for which the license are Leued. "we 1141. e. 700. NOTIMY /1a1�r1Q • ��TA •, � a � pAKOTA 40UNiY w cote.asr. et..« ti. rs. r»t i VMOVE ou; puv fl".'O r 4unog ON; P uonlvpuowwo -p" �.�.n vu; ;noyIjm aru M /iuv jo 9ou mmi oil; o; ;.uaruoo 1?vr p tmg wnol ou puv 'umos •Imr 10 pivog uow.Z %l; jo Zu9ruoo mil; ;-nogTun umol Run ui give dol vein? onw? 11 vila 1d*wg 4;unoo ON : no v uvwl►vY0 --- - --- -- - - - ----R; i ;Yrv1J umo.L ;r" r 'fin +�11f�?m uF �i P�?lddv oettoal? �o r �r„nrr ,Y� o; ;uaruo.) pip `-•":i' jo A uo va "loew hq 'aJ o b' lye v Rau n"J P! ve —jo +wwx a" to Pimm umoi v" t)'" phl.*w r? 91 �) 'WosJuillaf 10 JjOl4f -4tWVS "I puv fi-miony RtunoO "I jo ualtvpui u wo -o" "iu.n Pli p";un mwM Ruv jo oouvnrr? P1lt of juoruoo 11v v p.rvog umol ou puv 'umol ?Irmo 10 F,,mg uaw r "I jo tumuoo w[j t'noWyn wwj ftuv u? Plvr 1oj WuAni mm ?IPSIr ptvog fliuno0 ON : aiu,K ` dl d0 XAoJ MHJ do UKb'OtT Xxo_T gild a/dnj umoZ /; -lP.,)I vQ "un'?rvo►lddv u?7(i1.n PYi u? soj pP?Iddu Prurvil Pyi It •»lsrr ✓1li ofuaruoi pi P 10 f "p —Vvl uo ummiat" I' 'o vis puv Rrunoo p?vs --jo u,no r alt jo pivog u.noj oil; irNi ppV?tom /IgoiaV r? tT `—d0 MA0.1 ;-- --. ------d0 .1,Ixn00 '8v J `josJuv l� Jo JIU140 4mimp RpnoO ..uu1—_--_.._ _ - -io p,ivll 'erm?onq MPS 10 ?inpuov nit of du?ivlaw wotiv?nju puv rmvl oqt 11n 41du 111m tuvarlddv vqi tuPaePpnE rno vi ?PSli puv 'lont.iI d utivolxoju1 .ro 107IMj "VD1u pU?ivola'0iu1-U('U jo al'w Ptli of PuiMpu mvl Rtiv poinlo?n 'u(.npmlddv srgi jo 9)1'P Ali of loud s1vv4 *TV jo pmaod v ultip n 'iou roll p"lddv p?vs ivy,) P;Ma owl ino jo of j7uuzWdv t? `vogva -Mddv ur1tr•n PYi puPluwooru Rgjw" 'Rnmoo PIPS 10 jfmftr puv RrM40i;vRlunou 'pouBleJipun ally -fu (iiunuJ 1 •1?ao,5atiu111.r 10 ajrl4F ► .3UJAN k 3W_i .r4A'J YTVIVO, AYOXAQ "" Me. 2341h--Stat Fors to \tillcr•Ilavie Cn., \Fumes nie, Minn. ON SALE $ 7 5.00 STATE OF MWNESOTA Combination Application for Retailer's (On -sale) Non-Int xiiccaatting Malt Liquor License the------ 7 v ~• do�� - ---- - - - - -- T o 1—�� - Name of Ileendn¢ authority (county) leftyl Ivillapl Country of �X. / 6--- �--�►-- / / I, �...�. �/C _ N'�N r ./ 1 r��(�,v�- L� •. ,Fv,yi �,.*� _�_���aa�►'� f the city, vi lla ge. or town of es - ems• , county of ay�N�/ , State of )Minnesota, hereby retake application for a Retailer's (On -sale) (Off -sale) ,Yon -intoxicating Malt Liquor License to sell such Malt liquor under and pursuant to an ordina?we (resolution) passed by city, Tillage council, county board of and Chapter 840, Minnesota Statutes 1945, as amended, providing for licensing and regulating the sale of non -intoxicating malt liquor. 7/,a /During the past fit:e years, m residence has been as follows: lf'14;.--- I was born --- 4/1 a t' 1"'ev. Mor .` bay Year City Village liorouth Town State or County lama 00Mve (naturalized) citizen of the United States. ! ant married. My (wit 's) (hus ?id',!?)n me a ddress is -� I am proprietor. 4=a r t/1 a WJ Gel /f'�_ Y ONO C. Firm was incorporated % Qa �-- -in the state of — Corporation is authorized to do business In Minnesota. Limnse is for.' Oy ,A O'er ---�-- (3i►egt4(highway) located asfollows: The license will be in connection with -��.� -- --- which has been in operation �O Drntt Stan, Cafe, liaetaurant, Hotel. Club Monte Years �t The estahlishnwnt is located on the The business premises are owned by -- The tares on the property are not delingiunt. I am__'#�Q r-'eneaged In the retail sale of intoxicating liquor. I have �0� had an application for license rejected as follows: have never been mnvirted of a felony nor of violating any National or state liquor law or local rntinoner relating to the manufacture, stile or transportation, or possession for sale or transportation of intoxlUxating liquor. I am proprietor. L a k- r W c wJ GO 4A d cC !~ 4N & F C• _ Firm was incorporated / to 2 _in the state of Corporation is authorized to do business in. Minnesota. License is for D a �i ( (highway) located as follows: The license will die in connection with e • , f ` CP r" A fe 3aDrug riture. Cafe. Restaurant. Roth, Club which has hewn in operation Hontlw Yeah �t The establishment is located on the *—� 3 door The business premises are owned bll L • t'V.0'_�W �• ��Q'� LL/L� R •�!1! The taxes o�nthe epproperty are not delingrunt. I -engaged in W retail sale of intoxicating liquor. I have �0t had an application for license rejected as follows: I hare never been convicted of a felony nor of violating any National or state liquor law or local ordinance relating to the manufacture, scale or transportation, or possession for sale or transportation of ntoxioating liquor. Gambling or gambling devices will not be permitted on the licensed premises. I am the owner of the leasehold, furniture, fixtitreQ, and equi.pm,ent in th- premised for which the harass is applied, exec _ --- I have no intention or agreement to transfer the license to another person. I submit the following name of peno, �including - a bank, forr eference, with whom I have had business relations anfollows: I _s�►1'_6_=---�-I' r - ��V� — - — -- - I -- —intend to engage in the sale of intoxicating liquor and will have a Federal Oceupational Tax Raceipt in accordance with the ordinance governing this license. My Federal Tax Stamp Receipt is No� N r Si ' I will comply strictly with the provisions of the ordinance relating to the sale of soft drinks for"mixing" purposes and will serve patrons in full view of the j�ublic. I alFree to waive my Constitutional Rights against search and seizure and will freely permit peace office» ter Inspect my premises and agree to the forfeiture of my license if found to have violated the provisions of the ordinance (resolution) providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge and than I agree to comply with all the provisions of the ordinance under whickithis license is granted. Subscribed an sworn to before me this dap of —• -- j No"I Licenses *V be bnued only bo ootuons wbo are Athens of the Onit«1 gets and who an M food Mrol sMtwMr snd repuM w►i have 11 attained the are of 21 tears and who are propriowre of the establisbn:ants for +bkh the licensee an 1100" Lowe 1#W a "0. 1ULiE T. RENNER � "'` L��MAYonM^ieaton er pun )ens 9, a *tate of I-Hinnegota, County of-- - -- -- -- - - - The under. ned, county attorney and sheriff' of said county, hereby recommend the within appU- ca.tion, it appearing to the best of our knowledge that said applicant has not, within a period of flue years prior to the date of this application, violated any law relating to the sale of non -intoxicating malt liquor or intoxicating liquor, and that in our judgment the applicant will comply with the laws and regulations relating to the conduct of said business. Dated .}Minn., County .attorney SherifJ 6tate of 1112tinne5ota, COUNTY CIF----___--- — -- - y TOWN OF -- -- 19 It is hereby certifled that the Town Board of the Town of_ n said County and State, by resolution on the---- - -day of - 1�---+ did consent to the isruanoe of the license applied for to the u4thin applioation. Dated---- 19_ . — THE TOWY BOARD OF THE TOWN Of Attest -..__ Town Clark Note: No County Board shall issue license for of such Town, and no Town Board shall con o►nrnendation of the County .attorney and t' Chairman viva without the consent of the Town Board .r.aance of any license without th< ..mttom rso- I� vvv•lt is hereby cerrtifted that the Town Bocird of the Town of - said County and State, by resolution on the— __ -day of 19_—, did consent to the issuance of the license applied for -n the within application. i 1 i_..-- THE TOWN BOARD OF THE TOWN OF Town Clerk Note: No County Board shall issue license fo? of Ruch, Town, and no Town Board shall con om mendation of the County .lWrney and t' —--------- , Chairman own without the consent of the Town Board 4 ,a nce of any license without thr xritten no- WbL V n No. 2314�-8tatf Iers Iff. \I11Ier-Ihvis Co., Minneapolis, Minn. ON SAFE $ 7 5.0 0 STATE OF MINNESOTA Combination Application for Retailer's (On -sale) Non -Intoxicating Malt Liquor License To the �1 Name of licensins authority leount7l (c1t71 ivillaW r County of /,1tt 1�Pll- _. of the city, village, or town of county of kell4de, .4lnte of Alinneaota, hereby make application for a Retilder's (Un-sale) ( ) Yon-intoxicatinj Malt Liquor License to sell such ,Malt liquor under and pursuant to an ordinance (resolution) passed by city, Itillagc counri.l•, county board of — and Chapter 340, .Minnesota Statutes 1945, as amended, providing for lioensing and regulating the sale of non -intoxicating malt liquor. During the past five years, my residence has been as, /follows:.�L;Fl-1' �`���� ✓ �� s / ��.�• — G+"7? �'L, S f Lr ' Ile iJn l d�.S' ' 1'"f �• 'rt.•�y' ��%S�,d �� / %��f _ dr_t I was born 4or•1- Day Year CTIt7 VIILp Ilo►oush Town —' — --- spate or Conaty I am a (native) ("W W i ) citizen of the United States. s) (husband's) nam-e and address is ' • n<< / 7 I am married. Xy ( I am proprietor. 0. __ f, f-l� '-fit e� c� Est Firm, was incorporated N� in the state of — Corporation is authorized to do business in .Minnesota. License is for �1 a t<les� �L)T,'u��� b'/d•! (street) (highway) located as follaa: The license will be in connection with - Drug !hors, fate, H,vaurant. Hatd, Club which has been in operation— _'B- monthe Teats The establishment is located on the, i-oy nd �a e� The b►(si?ws premises are owned by // i~-)Le,---- The taxes on the property (ire not delinquent. I anl. A-'-' _ngaged in the retail sale of intoxicating liquor. 1 ha.ve 4-? a _ h.W an application for license rejected as follows 1 hare never been convicted of a felony nor of violating any National or state liquor law or load& ordinance relating to the nianufadure, sale or transportation. or possession for sale or transportation of ;ntoxb5a.ting liquor. N�/� in the state o Firm was incorporated_—, f Corporation is authorized to do httainess in .Minnesota. (highway) located as follalw: The license it -ill be in conmeotion with Dreg Stun. Cale. aeataeraob EWUL Cleo which had been in operalion_ /0 /'*'!0 'B" Month& YOM The eatablishntent is located on the ro u n�1 ��o a jlocr. The business premises are owned The taxes on the property are not delinquent. am A%d1" Rngage*d in the retail sale of intoxicating liquor. have .62 o It -----.had an application for license rejected as follows I have never been convicted of a felony nor of violatin.h any National or state liquor law or local ordinance relating to the ntanu facture, sale or transportation, or possession for sale or transportation of intoxicating liquor. Oamblin ; 7r gambling devIc" will not be permitted on the licensed premised. 1 am the owner of the leasehold, furniture, flxtures, and equ,pment in the prernism for which tfs license is applied, except X 'n--__- I have no intention or agreement to transfer the license to another person. 1 submit the following n'ame/,, oof. tjppe/rsoons, including a batik. for reference, with whom I have had bmtinw relsidosn ad fu.lOW/: i 1 Y am"' ZL{ X. 44. - Y)L2!$ LL y � L r sj *.k _27! 11 la AL 1-a�..a_�C.• 17 I C1J f% f intend to eugage in the sale of intoxicating liquor and wfll have a Federal Occupational Tax Beseipi in accordance with the ordinaLce governing this license. My Federal Tax Statnp Receipt is No._._—__. _._._- I will comply strictly with the provisions of the ordinance relating to the sale of soft drinks for "niiziag" purposes and will serve patrons in full view of the public. I agree to waive my Constitutional Rights against search and seizure and will freely permit peace officers to inspect my premises and agree to the forfeiture of my license if found to have violated the provisions of the ordir_duce (resolution) providing for the granting of this license. I hereby solemnly swear that the foregoing statements ore true and correct to the best of my knowledge and that I agree to comply with all the provisions of the or i ee under which this license is granted. Subscribed and sworn to before me this day o NOTE! Boosoao may be to oareone echo ere eltfsesa of the Onitad Rtatm aed Who an of 60-4 mesa charartwr and r.tpwts, W%. be,*attained tiv ass of It rein are who all pryMtos of the astabilabownto for which the liranam or* trued. Vwa t949. r ieo. ELM Otate of Iflinne5otat i County of-__ The undersigned, county attorney and sheriff of said county, hereby recommend the wUhin appU- cation, it appe4tring to the tmst of our kn -dge that said applicx.xt has not, within a period of flue years prior to the date of this appli tion, uiet-.tecl any law relating to the sale of non-intoaioating malt liquor or intoxicating+ liquor, and th,.. in our judgment the applicant will comply with the laws and regulations relating to the conduct of acid b"iness. i Dated ai —_ _-- _--_-.—___— __, Minn.., --_--- _ _----._._--. ittornzy tiheri date of 'tinn!sottz, as. I COUNTY OF_ TOWN OF_. It is hereby certified that the Town Board of the Torun said County and State, by resolution on -_114ay did consent to the issuance r r the license applied for in the within applieatton. Dated—_---_---.—_ _ 19_ THN TON Y BOARD OF THE TOWN OF d t test_ Town Clerk Note: No County Board shall t_,duu lirenss for sale in ar • Town without the consent of the Town Board of such Tour, and no Town Board shall consent to the issuance of any lir nw without the written rse ,m me",G n f the County .?ttorney and the Sheriff. It is hereby certi.ftd that the Town. Board of the Town of said County and State, by resolu-tion on the __.flay of — did consent to the issuance c;/ the liernse applied for in the within applioation. 1,9- — THR TOWN BO,dRD OF THE TOWN OF Town Clerk Chalrman Note: No County Board shall t.Aauu lioenm for salt in a , Torun without the oonsent of the Town Boars of such Tow and no Town Board shall consent to the iesuance of any Ur-nae without OW wntten rse- ,,,mmendati.,n _i the County .attorney and the Sh.r ff. � 1 3 44 h O i U j i I bl, •� •� o° I i t I I k II CITY OF ORONO / ray ..op E93L-NO NAME )[V P A GROSS ;R)SS EKP/AI ANDERSON BE 31 14337.66 1250.54 SERNHAROSO ME 12 18615.52 169202 B0821 SA SI 8399.87 696.83 BOSMA JL 12 1422.00 69.00 BRINKNAUS JF 42 13484.SS 11 1.36 CARLSON UJ 92 13436.C2 1446.58 CHESWICK GB S1 14516.99 1316.56 CLARK BP 31 8768.55 859.57 CORNICK JL 31 9388.75 759-84 EHRENBERG OL 90 3669olS 401.53 ENGLISH II IH S1 11D49.71 932.94 ERICKSON DJ 93 264.60 110.25 ERICKSON KR 31 15581.50 1249.23 FRITZLER JM 31 14023.lT 1Z49.23 GAFFRON MP 33 11593.64 1354.88 GERHARDSON JR 42 16643.98 1514.40 GREGORY 40 42 1IB60.87 1035.35 HALLIN OR 12 9537.97 919.48 HANSEN SC 42 10536.53 904.16 HANSING CJ 31 3939.33 316.67 HENSEL MM 31 8326.41 785*33 HISUS PA 90 3760.60 517.15 HILL DE 93 84.00 54.63 JACOBS TJ 33 11139095 1013060 JOHNSON SP 31 13816.83 1219.14 KIL80 MH 31 16973.69 1544.*0 KIRNYCZUK M 31 14012.47 1204.38 KLAERS AS 12 1659.3T 96.75 KNUTSON CA 15 7987.90 726.80 KRUEGER JA 90 650.25 99000 KUEHN IN 15 15385.79 1399.92 LATTIN JC 15 9433.37 858.32 MABUSTM JA 33 •097.69 1282•T2 MANUEL CM ?9 724.80 0000 MCGONAN LR 566.72 135loSZ MORONCZYNS J )65•"- 1255076 MROSS FT nl 9270.)j 796.26 NAAS TL l2 5401.34 646.53 OAS DO 93 514.50 129810 OMAN LE 33 5730.86 655.20 PETERZON PL 12 5505.75 453.lO PETERSOI RV 93 556.50 25fi•20 OUAST WA 92 10360.09 956.B8 ROYCRAFT GE 93 0.00 0.00 SASS JJ 42 10969.57 l2lo12 SIEVERS °C 90 1150.00 190.00 SKREEN 0$ 10625.23 904•l7 SLIGO SR 499040 1870DO SMITH JR 10682.58 155.60 STEFFENHAO RE 9a 11113.57 171I.20 STEVENS 8G 93 883.33 204.70 3 CITY OF ORONO E4>L-NO NAME ■ THIES THOMTON T OMCHC::K TOMCZYK P 1 3IV GROSS GROSS ERP/A OR 90 1521*50 200.00 MR 31 7615.01 888.06 LF 31 3218.32 907.06 MN 31 14444.42 1226.66 COUNT GRA::3 ♦3.570003 SAID 00053 TOTAL 00055 TOTAL TOTA'_ FI:A TAX GROSS = 229823.93 EMPLOYERS A = GROUP HEALTH B = PHYSICIANIS HEALTH PLAN C = BLUE CPOSSTBLUE SHIELD D = MEDICAL CENTER PLAN E = PRUDENTIAL F = COORD. HEALTH CARE 6 = MINNESOTA 11140 H = TRANS-AMERICA OCC. I = BANKERS LI=E J = MUTUAL SERVICES K = MUTUAL OF OMAHA L = EMPLOYEES BENEFIT M = AETNA N = NICOLLET EITEL 0 = LEAGUE OF CITIES Z = HEALTH CARE MAINT ACCT. MISSING NOSP CO3E FOR SOME EM>L•S 1946 CITY OF ORONO CHECK MEG[3Y19 66-01-91 PAGE 1 1 CHECK 40. DATE AMOUNT Y[NOCM IICM Jf SiRli110M ACCOUNT W. INV. F f. 0. F M[SSMGE ( 1.0006 06/011e6 3.61 ACRO-PIMNTSQII INC O.F SJFFLIES 61-I211-039-12 1.0006 061041e6 49.09 LC.O-NI XNES OtA INC CEF SUPPLIES QH211-129-31 52.70 ( I.1010 06/01/eA !F.26 AT&T INFO SISTER ANT OFF EW90 01-0310-939 12 161010 06/04/06 17.26 ALIT INFO SYSTEM .NT OFF EQUIP 01-1lIFISF I. 1.0010 01/04/6, IT.2e ♦ILT INFO SISTER NOT OFF EQUIP 01-1 11 FOIFtf ( 160010 0.104/0. 23.50 A111 LIFO SYSTEM NOT OFF EQUIP 11-4300-129-31 160010 06/01166 11.26 ALAI INFC SYSTEM MNT OFF EQUIP 01-9l10-111-33 160030 061091116 ti.26 ATLI I410 SISTER MIT OFF EQUIP 01-I346-249-42 ( 109.90 ...... ...-CMS f 160011 04/0Ve6 111.69 ALL iT3M x:Ecrwic NXr Mrsr oLr B-NSl-s99-9] I I1.B9 ( uu.. •.•-CAS ( I6002] 06/0.186 163.16 APPLE WAR''T AGENCY AGENT Of RECORD 01-12]9-039-12 1600?1 06/01/86 19.Se APPLE WAL I AGEKY 46EOT Of RECORD a1-•3]F069-IS 163022 06/04,66 779.00 APPLE YAP '.T AGENCY AGENT OF RECORD 31-IS11-129-31 ( 16302Y 06/09186 211.12 APPLE Y LE9 ASEOCT AGENT A' RECORD 43-I319114-33 160027 06/0./66 605.50 APPLE WALLET ASENCT AGENT W RECORD 11-.l19-21FN 1.0927 06/04/66 5.50 APPLE WALLET &GENET AGENT OF AECORO S/-t1»-21FN ( I6322F C6/01/66 51.60 APPLE EY AGENCY AGENT OF RECORD It. 43Ill-SA FII 169027 C6/a•/A6 1.42.00 APPLE .ET AGENCY AGENT OF RECOMO it-1)A-51F 9i 160021 06/34/86 213.00 APPLE 2..LLEY AGENCY +GC NI Oi RCCORO it-MS/F 369-92 ( I.002Y C6/0./66 240.09 APPLE WALLET AGENCY ]L GENT Oi RECORD 14-63F9-S9F93 2.500.00 ( ...... ...-C[3 14003- 06/0Ve6 143.95 CARL I ARDERSOM i $T .91 SUP 51-11!]-29F 12 ( 143.05 ` Iu0O.6 0610.186 /20.06 ASSN ME ISO MUMICIPS MfABEASMIP 1984 01-."0-020-11 820.DO . ....C[S ...... a 16:Cea 06/0.19, 7e.00 BROOCLIN PAINTING PRTG/PUSL 01-9322-129 31 76.00 ...... ...-C[3 Isboar 06/0./06 1.130.25 WRY G CARLSON INC SI NNT SUP 01-9233-299-42 1.134.25 • l60098 06/0A/a6 690.55 CARGILL SALT 0YLL SYS MNT SUP 72-12l1-59991 1106 CITY OF ORON9 CHECK MCGISTER C6-39-66 PA6E 2 • CHECK NO. DATE &NOUN[ ,INOCR ITT. DESCRIPTION ACCOUNT N0. INV. • P.O. 1 RES: &fd • 614.55 ..•... ...-CRS • 169142 06/04/46 16.9E COPY Dip P4 INC OTT SUPPLIES OI-42N-139-12 160142 06/Ol/0k 110.29 COPY OUP PR INC OFF SUPPLIES 01-421O-P61-12 • 0142 0610410, 14.90 COPY OUP PE INC OFF SUPPLIES 01-4210-U99-I4 $ f64142 06/O./66 1.91 COPY OUP PR OFF SUPPLIES 01-42/4-4S9-I4 1601.2 06/0./66 31.46 COPY IME OUP PN INC OFF SUPPLIED AI-.2l1-OLt 15 • 160142 06/4.166 1.60 COPY OUP ON INC OFF SUPPLIES 01-4210-129-15 160142 41.00 COPY OUP PR INC OFF SUPPLIES 01-4210-121-31 160112 aaG./46 0610,186 I.67 COPY OUP OR INC OFF SUPPLIES Ot-4216-11t33 • 160142 ]23.05 COOT OUP OR INC F" SUPPLIES 11-4214-1T4-]] 160E42 aVO4/66 '06104/86 COP, DW P4 INC 0Of OFT SUPPLIES 0t-4216-241-42 U6/U4/06 21.35 21.35 COPY OW PR INC OFF SUPPLIES 01-4214-249-42 • tb01a2 tN0112 5.00 COPY OUP PR INC K OFF SUPPLIES 01-4210-513-12 160142 06/04/86 06/0./46 .26 COPY Dip PR INC Off SUPPLIES II-1210-51. 160112 06/0./66 .54 COP, OUP PR INC Oil SUPPLIES 11-42R-a1•- • 160162 06/04/46 COP, Our OR INC 0" SUPPLIES ,2-4210-S4s- 06/01/66 5.65 COPY OUP OR INC OFF SUPPLIES 12-4210-549-91 1 L40142 160142 06/O4/Ib 3.94 COPY OUP OR INC - SUPPLIES IY 1210-369-9: • 163111 06/04/86 1.91 I.O/ COPY OUP PR INC O'F SUPPLIES 160142 Ob/04/66 2.95 COPY DUP PR INC OFF SUPPLIES 7"210-590-91 T4-0210-S96-93 160112 Ob/01/46 .63 COPY DW P0. INC OFF SUPPLIES 11-t116-51Y 9J • 793.69 ...... .. .COS 160144 06/01/66 10.09 CONTINENTAL DATA COURIER APR OT T1-43!1-516-9C 0610418& 20.00 CONTINENTAL DATA OP OP COURIER 1ST Ct9 II-4]!]-31 Y90 • lboll, 16514, 06/04/66 234.[1 CONTINENTAL DATA DATA PROC 1ST 6T4 11-433S-S13-f0 1 e01aa 00/Oa/B6 COMTI K YTAL DATA DATA P44C APR 46 IHQ!S-513-0 493.05 .1l.OS • .....• .... CA, ;+ 160229 06/04/86 33.200.00 FIRS[ TRUST CO Inc INC 34E 7/1/06 IS-4120-901-UU 33,200.00 ..•... .. -COI 162266 C6/24/16 2.695.aO R L GOULC A CO INC OTHER E9u1. 14-4$60-SVO-93 �. 2.895,00 Q 1602I2 04/04/96 114.60 6 A R SERVICES r. : APO 01-4221-219-.2 160212 06/04/06 12.26 G & A SERVICES S SUP 61-42!]-249-12 1602F2 O✓SI/04 0.20 4 6 A SERVICES A wFoRcs 11-11.]-H►II 160212 66/14/44 67.66 4 a A SEMICES R. 4/440S 01-4343-121-31 160212 06/14106 5S.26 i 9 N SERVICES NE am F2-422/-S49-91 I a 0 t & C SM U1 SW S1-'Nt91 161212 06O4/6 24 J . SEICS •Y. TTt2-44,2 43-S49-91 169272 06/04/66 52.92 i & R SEMICES OEA4144 A" TY1221-569-92 I66212 16/01/04 1.23 4 a R SERVICE] UTIL SYS SW FY4234-S69.92 f 1926 CITY OF ORONO CHECK REIISTIA 06-01-66 PALL 3 CHECK 40. DATE AMOUNT VCNDOR TTER DESCRIPTION ACCOUNT N0. TRY. A ..D. I NESS"[ IbO212 06/06/06 6.20 6 A R SERVICES Nat BLOCICRCS 13-636J-369-92 160212 OWO./N 10.40 0 a a SERVICES 6E.RIN{ APP 14-0221-$96-93 344. t0 160275 06/04/66 1S0.09 66W HEALTH INC WEALTH INS 11-01!1-126-31 TN2T3 061041SG 451.12 GROUP WEALTH INC WEALTH INS 01-6tl1-1i1-31 IbI215 06/04106 66.35 GROUP HEALTH INC WEALTH INS 01-4151-IF6-15 160215 C6/06/66 150.99 GROUP HEALTH INC WEALTH INS 14-4151-390-f3 029.66 � u•u. .••-CRS 16021/ 06106/06 69./5 RED CIA WALTW CARE WEALTH INS 11-6151-059-12 L60222 96/04/66 69.05 "ED CTR WALTH CARE HEALTH INS OI-tl!1-669-15 166217 06/04/06 69.05 RED CTR HEALTH CARE WEALTH INS 01-61!1-121-31 1692// 06106146 6' 15 RED CIA WALT" CARE HEALTH IRS Ot-6/3/-126-31 160Z1/ OW06/06 l5. H RED CPR WALTN CARE HEALIN INS 61-4151-116-33 I6I2/T OWO./06 391.f0 RED CiR WEALTH CARE WALTW INS 01-11!14f1-fI 160212 C6/06/06 60.39 RED CTR HEALTH CARE WEALTH INS 13-91S H Sa1-91 N. 1112It 0610./06 90.60 RED CTR MALN -ARE W.ILTH INS 15-6151-569-92 843.36 4 ...... ...-CSS 160297 C6/04/66 155.00 HEW CTT CHIEFS PTAC CDRF SCHOOLS 01-4356-129-31 ` 135.00 1.9303 CWO./96 1.094.30 HEW CTT FIN DIV JAIL CRGCS Ot-41SO-009-16 1.006.10 � ...... ...-ENS 160300 0W09/06 165.31 NEW CTT SHERIFF OPT J41L CHGES 01-R 3!O-ON-16 145.31 ...... ..•-CAS t60330 66101/06 71.92 /CPA RETRRRT COPY Lena S/5 ID W1IA36 01-4140-03f-22 r E1.42 . ...... •..-CNS V 160131 06/06/86 50.00 INIL [RST-RW1 CARS PERIERNP CI-. 320-6]1-12 50.00 468363 06/06/06 31.37 TOR JACOM MILEAGE 0Ib391-114-33 1"363 06/96/96 16.90 TOR JACKS RF.ETIi ISO 01-9362-116-33 40.27 ...... ...tW 4 1996 CITI Of CROWD CHECK REGISIEN 86-09-86 P46E R CNC[g 00. 0\TC a.0U91 SEAM IlCR OCtCq PI1N ACCOUNT W. IN1. N P.O. 6 1<iS666 A I 316 6J04/66 1O.S. JIO HATCHSALES CO NE\II NAP O\-4222-tM-4 16G328 06/00/86 59.15 iN NATC. SALES TO EQUIP PIS ACCESS 8/-4232-245-12 • 119.14 . •. u.. u.-Cg5 160370 06/186 601.65 JONSON BROS Y4LSALE NINE ODIC" 11-6612-SI4-9S 160374 u elC 01Vtle .01- JoHU N30N BRos NNLS E 0111 YIN[ SlfC 11-44I3-Slt-1S R 601.36 ...... ...-CAS 1 1601760b/0.I 86 114.21 JONMS ON PPCR CD STORE SJPPLl[S 1/-1250-313-W 110.21 R A 160359 06/04186 IG.00 YIONf:ZU•14ICN6EL CDNT/SC43"S O/-11H-121-30 14.00 * ...... •.._CYS 160391 06/04/86 44.12 gJENN-TNORAS MILEAGE MAT 81-4341-669-15 a 100391 06/04/86 4.69 YUCNN-TNDRAS MILEAGE MIT 23-4181-SGS-92 52.81 ...... ....cgs 160404 06/04/86 11.35 TOE LAKER PRIG/POOL 01-43Z2-059-1• 1.0004 06/04/06 \6.92 THE LAREN ADWEATISIN4 11-4321-511-9G 28.22 /63423 06/04/86 600.30 LEAGJE 0/ IN CITIES MEIENEJs4V 01-.390-024-11 606.00 ...... ....M R 1.04T. :"041N6 1.331.2S MCTRO OAST-- CONTROL SAC 4EMITTEJ 01-2226-060-00 2.:SI.2S ...... ..._us f 1,D.80 41104,86 102.04 MTONCST ASPHALT ST MN/ SUP Ol-4ZJ"4t62 102.44 ...... ...-QS 160.90 06PV./86 I1.29 PIWEGASCO UTILITIES 01-4524-129-33 R 163490 06/04/66 235.22 RIME643CO UTILITIES 7i-4324-549-91 16049E 06/0./66 3.66 MIWEG\SCO UTILITIES U-0329-S6S-92 250.31 . R ...-C,, ...... R 1996 CITY Of ORONO CHECK REGISTER 04,19-4 P66E 5 :NCC4 NO. DATE 4Rau"T 6ENOOR IIER DESCRIPTION ACCOUNT ARE. INN. \ P.O. 9 R63AGt 16949$ 000./46 T.00 .N 6UIEiil ASS, HEALTH INS 91-4151-126-31 1.00 • ...... ....CNS 110505 96/04/86 4S.00 "I" FIRE INC 'OUVIPIS/ACCESS 01-0232-249-12 162S9S 04/0./Q6 III." "INN FIRE I "I NISC EQUIP 91-4342-991-11 160505 0610V06 S..50 "INN FIAT IK M,T RISC EQUIP 01-4342-11 160505 Ob/U026 140.50 MINA FIRE INC Put RISC EQUIP 01-4302-20- .2 1.0005 ON/04I56 11.00 "INN Fitt INC ""T RISC EQUIP Il-4342-51S-14 169525 C6/64/26 19.00 "INN FIRE INC 1001►/Pis/KCESs 12-\23b519-11 • 160505 06/84/Q6 15.60 "I"N FIRE I "I RISC EQUIP 22-1342-549-11 165505 06/04/06 2/.50 MINK Fitt IK EQUIP/PTSACCESS I>•4212-%Y12 160505 .0004/96 23..0 MINN FIRE IK 04T RISC EQUIP 13-0342-54}12 69505 01/04/86 36.00 MINN FIRE IK "NT RISC EQUIP It-4342-516-13 K6.S0 • uw.• .u-CMS 1II522 06/04/96 543.11 Nil 21:7 CO "1I RISC EQUIP 1\-4N2-590-93 • 543.11 ..u.. •.•-CRS V 1.0533 06/04/26 AT.6R ROBILC 40I0 ENG AMC ",1 RISC EOuly 91-0342.21Y12 1I.fi9 160534 06/14/86 692.50 MOTOROLA INC AUT2 EQUIP 14-4550-63:•00 16053. 0610,16, 300.10 MOTOROLA INC RITA EYI' 1"4556-633-40 • 1.032.50 ...... ...-C4 • 160541 0110.186 220.09 NAIL GUARDIAN ,NT 1L36/4"C: II-1N]-SAY 99 220.09 uuu •••-q5 • 160552 96IC4/84 3.69 TERI NAAS MILEAGE }t-R301-031-12 160552 0004186 1.69 TERI NAAS MILEAGE 01-.furl H-3] 15.36 . • ...... ....ENS • I60S59 ON104/06 191.61 IISP UTILITIES 01-4)20-Itt 31 162551 R024/46 169.20 "P UTILITIES 01-4324-249-42 160559 0004/116 4.64 BSP UTILITIES 01-4320-21"1 ` 63559 06/04/96 s1.09 N5P UTILITIES I3-6324-569-92 427.74 . ...... ...-CRS 60%s 0004/46 S4.26 NOQIRUESTE4111 BELL TELEPMK 01-4324-039-11 ISIS" 6094196 54.06 NORTHWESTERN BELL TELEPI t 91-432R-059-14 1996 CITY OF ORONO CHECK REGISTER 06-09-66 PA&L 6 CHECK W. DALE 4HDUHT TERM Il[A DESCRIPTION ACCOU%I ". 1". & I.&. & RTsiN • 142566 06I34/86 21.43 MORTHWESTERN OCLL TELEPHONE 01-4121-669-15 160564 D✓01IR6 125.0% NORT44CSTERN NELL TELEPHONE 11.4326-199-31 163569 0✓04A6 54.96 HORi4WE8TE4G NELL TELEPMO' 01-4326-119-33 160569 0✓04/66 40.11 40AlAWESTERN SELL TELEPHONE 91-4329-1111-34 1b056G 0✓04I96 51.96 MORTHMESTERN NELL TELEPHONE 01-4329-249-02 16051R 0✓04/66 19.97 NORTHWESTERN NELL TELEPHONE 8l-4126-54t91 • 160566 0✓0✓Ot 16.46 NORT4VESTEAS NELL TELEPHONE 15-4329-169-92 160519 06104196 111.06 NORTHWESTERN NELL TELEPHONE Y -4320-999-93 160566 0✓01I46 LIO.25 N04TAMESTERN NELL ADVERTISING I0432 b590-93 G4I.19 • 1605G2 �O ✓O4/64 45.51 DRAWLYLI "[LEASE 41-4341-114-33 45.51 ...... ....CBS I60591 26/4✓96 K.94 PUBLIC EML RET ASSN KR& SOS TO 5I10146 01-*141-83 -12 1bD591 06I04I66 3.36 PUBLIC EML RE It" KR& US TO LI✓G4 91-4641-946-13 Ib059T 06/0./46 1.11 PUBLIC EML REV ASSN PER\ III TO Ulm&6 01-4141-05tN • IbD59/ 36IC4186 105.17 PUBLIC EML ACT ASSN PENA $05 TO S/1✓66 01-4141-049-IS lb0591 C6/04/96 12.43 PUBLIC ER•L NET ASSN PEA• 5/5 t0 5/t✓66 01-4191-699-11 160597 0✓0✓96 l.1 T6.64 PUBLIC EWL RET ASSN PER4 $15 TO 51I4146 01-0141-111-51 • 160597 C6104186 41.16 PUBLIC EI♦L ACT ASSN PER\ SOS t0 5I16/66 01-4141-111-31 I60591 06/0✓06 36S.19 PUBLIC EML REV ASSN PER* SOS TO S/10/ti 0t-4141-12l-31 110597 C6104186 529.66 PUBLIC EML Off ASSN PERA 5/5 TO 5/10/64 41-4141-124-31 65 1.0591 06/O✓96 197.23 PJOLIC ERAL MET ASSN PER& US VO 5/1✓06 01-4141-129-33 160591 06/04/86 215.96 PWSLIC [1104L RET ASSN PER% SOS TO 5/I6106 01-4141-24M42 16059T D6/9V96 65.29 PUBLIC EML SET ASSN PER& $A TO S/IS/6& 11.4L41-l90-61 • 160591 0✓6✓96 137.24 PUBLIC EMPL NET ASSN PENA SOS TO SOWS6 11-4141-515-90 160597 Ofi/00/66 96.06 PU6LtC EML RET ASSN PEA% SOS I0 S/10/56 12-4N bSt9-11 16059/ 06/04/66 153.27 PUBLIC EM, MET ASS% PER% $15 t0 5116194 If-4U1-S&9-92 IF 16059t 06/04/66 49.00 PJOLIC EML NET ASSN PENA SOS TO 5/10/46 14-1141-190-93 3.212.31 • ..••.• ...-CKS 160407 06/04/96 346.16 PEARSOM/STEOEM 1ERP ERA 11-4122-129-31 • 346.18 • 164613 "✓04/94 1.00 KARTS TOKM RULER HRI \YTD C6YV 01-U1l-N9-42 LDp OF ♦ 1/0620 06/04/95 641.35 E0 PHILLIPS I SDIS NINE 11-1912-514-95 149620 Ob/04/66 13.12- EO PHILLIPS 15015 MINE Disc 71-4013-514-95 667..3 • 161621 06/C.J66 99.57 PHYSICIANS HEALTH HEALTH INS 0-250/-000-00 169621 06/0./66 533.61 PHYSICIANS HEALTH HEALTH INS 81-3011-966-06 • 162621 36/0.186 401.15 PHYSICIANS HEALTH HEALTH 143 01-4151-039-12 1926 CITT Of ORION. CHECK W. DATE 160621 06/04/86 160621 !6/06/86 162621 06JO4196 • I6B621 06101/96 160621 06/06/86 1.5621 0N01/86 160621 96461/96 161621 06104186 161621 06/04/ef • 160621 06/04/86 160621 C6/01/86 • 160627 06/0-186 169621 96/0./86 160621 D6/01/66 160622 06/31/66 • 160621 C6/0./86 1.8627 0610418, VR 160628 06/04/9L L 111629 96/04/86 160628 a"01/8f 160626 06/04/86 ` 160628 O./01/86 160628 06/04/86 160628 26/04/86 160626 06/0we6 • 160629 06/01/e6 160628 06/0./86 • I606J8 06/00/S6 • 160639 06/04/86 CMECS REGISTER AMDUNI TEND" IIEM OESCRIPIION 2l0. Y6 14TSICIANS WALT. 11EALIM I43 99.5? PHYSICIANS NLALTN HEALTH INS 199.14 PHYSICIAN. HEAli" WEALTH INS 1.162.30 PHYSICIANS 6TALt" HEALTH INS 250.36 PHTStC1ANS KAL IN KALTM 103 603.96 PHI$CIANS HEALTH HEALTH INS 1".19 P"ISIC IAM WALT" KALIN INS 481.5! PHYSICIANS MEALt" HEALTH INS 110.22 PHYSICIANS HEALTH HEALTH MS ISO.36 PHYSICIANS "LILT" HEALTH INS 1.300.61 06-69-66 MGE I ACCOUNT W. INV. 0 P.O. 6 PLSS66L 01-4151-069-Is 99-4151-121-31 01-4131-126-31 11-0111-129-31 0]-4/S1-126-I] B b 1111499-92 SF O7l b2fe-al II-11l1-l1Y10 n-6/ sl-sAs-91 I)-11l1-l61-92 9.25 PITNEY BONES POSTAGE 91-0]21-036-12 3.25- Pilo[, OWES POSTAGE 11-01tl-1lG-12 0.25 PITNEY BOHCS POSTAGE 01-0321-139-12 R.2S PITKY BONES P131ASE 9/-0321-669-IS 9.ZS PIIKT NOW& PBTABE /1-4321-A9-3/ B. S PITKY BONES POSTAGE 11-0]21-119-]3 B.-3 Plt%ET BONES POSTAGE 01-6321-209-02 01.25 102.75 POPHAM MAN G ASSOC RETIINE4 LEG al-0)et-069-16 .. 25S.12 POPHAR MA1G a ASSOC CNN+ APPEAR 8l-N/}-008-11 031.36 POPHAM MAIR G ASSOC LEQ CONSULT 305.60 POPHAM MAIL A ASSOC L[GL CONSULT 01-1302.129-31 23.46 POPHAM HAIR G ASS" LEGL COMSJLI 1.041.58 ROPM" HAIR A ASSOC LEGL CONSJLt tl-4143-649--1 23.00 POPHAM Mall a Ass" LEGL CONSULT 4G-0303-031-Bi 3.232.2P POPHAM "AIR 9 ASSOC LEGL CONSULT 95-013-G 32-BO 30.01 POPHAM HAIR 6 ASS" LESL CONSUtt 11-9393-SIS-99 T..30 PDPMA" "AIR a ASSOC LEGL CONS6L1 i1. qOS-S98-1J 10.681.39 90.02 PRAIRIE OFFSET PRIWPUML 31-0322-110-13 6G.B0 43.12 PROER PHOTO SUP O%F SUPPLIES 11-1212-IP9-33 0].IP • 160650 06/0./S6 31e.59 DUALITY NINE CO MINE PWCH P/-6012-516-93 • 160:5.. CN01/Bf 3.16- DUALITT MINE CO MIME DISC 11-0813-510-95 311.13 • 0616 81.68 ODALITT MRM PROD Off SIP -LIES 01-6219-119-12 TAOIST 160 e51 061,1196 e1.35 WLLI TT MN6 PROD Off SUP -LIES /1-12U-11M ]] ` 163.35 • 160.56 C6/0./86 41.10 R C lMOE• ICAEIOMS 9fF SUP -LIES CI-1210-12t 31 .-Cos -EMS r IRS& CITY OF MONO I CHECK M0. DATE IS 160662 06/OWIM • 161691 06/04/0. 160691 06206/66 0 TOM, 06/o./96 BY ...... 16012 06'o./aG • 160140 06104/e6 160140 06/06/66 169140 06/04/66 IF ...... 160162 06/o./9. 160162 06/04/0, 162915 8610.136 tN 960 44/04/44 • 169901 C6/04/e6 • 169962 os/o.Ia6 • I6299i D6/04/86 • 160904 a WBE IT CHEEK REGISTER AMOUNT VENDOR ITCH OESCR[PIIDN 41.06 117.2S REED CANOT G TOBACCO COOC RESALE 317.2% 146.5e SATELLITE Ip INC EGUI- RENTAL 120.19 SATELLITE I INC [QUIP R[MIAL e66. 12 :S.2S STATE OF 46 DEPT ASA LLC'ISE n.2s lel.T6 TESS%&% SEED CO AL062640. N9T SUP IOI.10 e.50 000 STREICHEN BUNS UEARf NG APP 139.95 DBN STMEIC9ER GUNS EW[P/PTV/ACC, SS 200.7s DON STREICHCM GUNS OTHER EQUIP 153.26 10.36 TORCEIRI aK CWP/SCROOLS 10.86 TOWZYKIPARK AIL[IGE 29.22 11.91 OAIGM/ ME" ELECTRIC UTILITIES 11.91 SO.D9 uA AKr iREtG AKEMBLRG SQ.1e . 2.654.25 ARw SSlock EQUIP RENTAL 2,654.25 35.61 AMCL 6 BOBS are EIP 35.14 9.69 BUTTEKIICLOS BLDG/GADS nOl 9.60 1.0T.e6 CHER LWa SCAT "AT BLDG/GRCS ACCOUNT W. IRS. • Y.O. 1 MESSAGE ...-CR. ll-9]6S-1515-)0 14-4231-590-95 01-1221-121-SI 11-9252-/29-31 01-4160-12►11 11-0356-129-31 CI-4311-129-31 e1-4324-249-12 91-2lI9-N9-ee QI-6331-219-AI e1-.ss2-we-u sIN 1. ]-29N1 .. -C.$ 1966 CITY 0E UNOMO CHECa NJ. nAll I nCiC> LLOfOb 16T 901 T.o9us 1609C9 ti09I0 16C911 16a912 i e09I3 Ice 919 1cOf15 Wcnu HCrl.a WCtne A:TF.1 WCII.9 ` NET YS0 : 6io.J Nb C6/C+/N6 C 610.J at 06IO4186 C6I0.Iaf 06/09/e6 oe/c./AL 06/0.IM6 5610,146 eb/O./66 0i/04I86 06/0./66 06/04166 06J04/06 0619086 06I0 V 66 06/09/66 "WAIT 1.Dll. JD z".a e 299.09 1.209.69 1.2PT.o0 5Q.as so.o0 &So.00 AM.::35. ri.60 15.30 Il 90 129..0 129.L0 19.93 1•.9s FF.K3.1e 17.143.19 1.•94.00 I .990.00 W.00 w.0o 39.50 39.50 . 3O•.94 3.03- 3a1.91 1.261.18 2F.61- T.23A.01 . 3S.F5 35.75 53.020.48 10.119.66 1.230.00 COEC9 REGISTER NEMD09 ITEM DESV CEST MUSTPOWERS I. L O ESSEL NE W D LSWM4 RANSIALL STEVENS MINITCCW INC .SA :TAR INTL TRUCE AM FIRE JDJRNAL IRUCA L MUS GRaDV MA66LUa D-PRIESI P A MR ROBIMSON MOIL CUBE YJALITY SINE QUALIFY WINE CAGLE DISC CASLE DIST CITY OF UTTAR FOOD O1 TOTAL FOOD 14 TOTAL FOO6 41 TOTAL kilo EWIP MT 6LDG/GAD, H D LINDNER OTkEA CJNSULT BYI DISC Call. GAS A PEkIOCLS EQUIP/PISIKCESS 6ESIPEQOICLS AUTO =WIP LEGAL CONSULT ROBINSON NI■ PUACW WINE PARCH WINE DISC LIo PAACH LIG DISC LICENSE 6EWEAAL FWD two, • A C6UIP S.AY F 'VINE MI Ims F 06-69-96 Pau 9 ACCOUNT ". law. A •.6. 9 RSSAAE 61-6363-MON-00 11-231"60-62 11-9106-039-1 J 19-4342-510-11 61-9290-299-92 01-4232-2.9-42 OI-9299-119-33 I•-9550-6 ]3-60 11-4393-515-90 01-2399-900-03 ...-Ea, 1Y9a2a-S. •-95 FAUJµ II-•e12-St M9> nLNU AI 2T-ieu-su-s> MIM1.L n-9e1s-s1•-ss MAW AL rt-9eu-a•-9s MAwL 61-•3e3-L M.Wu •. .CBS 116e CITY OF ONG" CNECA W. DATE AMOONT 25.00 36.432.21 e.11e.rs 1.531.43 632.27 4.804.12 le2.cre.ee CN[CA aEGISTEN FEvu9T FUND AI TOTAL FOND NS TOTAL FOND EL TOTAL FOND 72 TOTAL FONO 12 TOTAL FUND 14 TOTAL TOTAL N DES:AIPTION 2 SITE Ass; SMNr Fu I145 aPEC ASSESSMENT PGA LIMA MEA.TING FUND NAFEN OPEaATTMe FUND SEVEN OPEMATIMe FONO GOLF COOASE GOEAATIOe Ft as -era. Pee( IT .NMT W. I". A P.O. a NESSAGI PUBLIC ATTENDANCE CITY OF OROWO r MEETING 1 PLr';,.-)L FILL OUT THE INFORI•1AT1ON R.LQUESTED BELOW FOR OUR CITY RECORDS. hAMF (please print) 64 (71 71, ya u i v4 , f 'L i A2 i IAI VQ �eA—1 J41-� tier. ROCS C R.1� A� yz��"zor 7DF.ESS NAME OR NUMBER PRESENT FOR (from agenda) ✓ru r J , 1 v - r P J r sr z9S. )-,0F k -1-Tt4a -5 PUBLIC ATTENDANCE �CITY OF ORONO -.EETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (ple: print) ADDRE.:)S PRESENT FOR ( from agenda) 4-AN&PIN 1Y1 3c) .� N- `North l�R. 8. i 9 c. _ l0 . L l . — -- 12 . 13 14. 16. ------1-- _ 17 18.--- 19. 20. r Z nf o in a 41& fin s ban ctIft COUNCIL MEE f ING JINN g _ in t !fiTY OF � MINUTES OF THE PLANNING COMMISSION MEETING HELD MAY 19, 1986 ATTENDANCE 7:30 P.M. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley, Taylor, Callahan, Goetten, McDonald, ar-i Bellows. Roveqno was absent. The following represented the City staff: Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and City Recorder Pet(-rson. Planning Commission member Bellows left the me ng at 10:37 P.M. #1024 MICHAEL ROBINSON 15 ORONO ORCHARD ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 7:30 - 7:32 The Affidavit of Publication an(! Certificate of Mailing was noted. No one was present from the public regarding this matter and the public hearing was closed. Upon request of the applicant_, it was moved by Chairman Kelley, seconded by McDonald, to table this matt:_r until the June 16, 1986 meeting. Motion, Ayes 6, Nays 0. #1026 MIRE HILBELINR/JOHN VOGT 160 OLD CRYSTAL BAY ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 7:45 - 7:50 The Affidavit Qf Publication and Certificate of Mailing was noted. Mike Hilbelink and John Vogt were present for this matter. Zoning Admin itrator Mabusth explained the request fcr a Class III Subdivision of three lots of approximately 3.6 acres, 7+ acres, and 7+ acres respectively. She noted that staff recommends that the access on Lot 1 be on the south side because of sighting distance. She also noted that an accessory st^,ucture on Lot 1 may not meet the required 10' setback which may require removal or a variance. An official survey was not yet available to confirm this. Mr. Vogt stated that he met with Public: Works Coordinator Gerhardson and they felt that there was not a sight distance protlem aid would like to have the access on the north side of Lot 1. Chairman Kelley stated that they have not received a recommendation from John Gerhardson and at this point would have to go along with staff'-, recommendation or table the matter for more .information. 1 MINUTES OF THE PLANNING COMMISSION MEETING HELD MAY 19, 1986 #1026 BILBELINK/VOLT continued Mr. Vogt asked if they could approve thif request as proposed. Zoning Administrator Mabusth stated that staff has more concerns regarding access because of the feasibility of future subdivisions. bellows stated that the Planning Commission should have an official survey to review before making an intelligent decision. Applicants stated that tabling this for a month would create a hardship for the three parties that own these lots. No one was present from the public regarding this matter and the public hearing was closed. It. was moved by Bellows, secono.,_,' by McDonald, to table this application pending a survey. Motion, Ayes 6, :days 0. #1017 MORRIS 6 JACKIE NELSON 1900 SHORELINE DRIVE A) ZONING AMENDMENT - CONTINUATION OF PUBLIC HEARING B) CONDITIONAL USE PERMIT FOR BED i BREAKFAST USE Morris Nelson and Tom Haislet were present for this matter. A) Zoning Amendment - Continuation of Public Hearing Planning Commission reviewed ttte proposed zoning amendment. No one was Dresent fro-n the public regarding this matter and the pubic hearing was closed. It was moved by Chairman Kelley, seconded by Taylor, to recommend approval to amend Section 10.20, Subdivision 3 adding Bed 6 Breakfast as a conditional use as proposed with the following changes/additions: Paragragh 1. Amended to read "and no meals other than a light breakfast shall be provided on the premises..." 1. The property must ati.sfy all applicab' a lot standards for the giver zoning district in addition to meeting the area ratio of 1/4 acre per guest � -tim, but in no case shall the number of guest rooms e< 6. 2. As proposed. 3. Provided screening to be of natural plantings. F MINUTES OF THE PLANNING COMMISSION MEETING HFLD MAY 19, 1986 ZONING AMENDMENT/#1017 NELSON continued 4. No on -site commercial signage or lighting shall be allowed. 5. Staff to clean-up language to meet code requirements. 6. As proposed. 7. All Bed & Breakfast guest use activities must be located 50' from adjacent lot lines. 8. As proposed. 9. Addition of requiring a site E ',an for l-indscaping and all improvements. 10. a) No additional home occupation - accessory use L) As proposed. c) Animal units must be owned by resident owner only Motion, Ayes 4, Nays 2. McDonald and Callahan voted ray stating that they were not in favor of Bed & Break- ast use in a residential area in Orono. B) Conditional Use Permit for Bed & Breakfast Use No one was present from the puhlic regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Taylor, to table this matter pending Council action on the proposed Zoning Amendment. Motion, Ayes 6, Nays 0. #1020 SUBURBAN HENNEPIN REGIONAL PARK DISTRICT 2865 NORTH SHORE DRIVE CONDITIONAL USE PERMIT CONTINUED PUBLIC HEARING Present from the Suburban Hennepin Regional Park District wire Commissioner Bill Boynton, Marty Jessen, Bob Wicklund, Neil weber, and Deborah Bartels. It was noted that Diann Goetten and Park Commission Chairman Barb Peterson were present, both served on the County Park committee involved in planning of Noerenberg Park. Goettcn noted that as a member of the County Park committee, that a great deal of effort and planning was done to come up with the proposed plan and comply with the intent of the will. Assistant Zoning Administrator Gaffron reviewed the land use issues in which the Planning Commission is to deal with as follows: 3 MINUTFS OF THE PLANNING COMMISSION MEETING HELD MAY 19, 1986 #1020 SUBURBAN HFNNEPIN PARK DISTRICT con'.inued Hardcover 0-75' •- proposed 3.5% (trail, existing gazebo & pumphouse) less limestone paths if found to be permeable - proposed hardcover 1.7% - 0% allowed 75-250' (south side of 51) - proposed 4.1% (steps, trails, memorial arbor, portion of parking lot) - 25% allowed 25C-500' - propos_3 16% (visitor center & parking lot) - allowed 30% Planning Commission felt comfortable with the proposed hardcover. Drainage Assistant Zoning Administrator Gaffron reviewed the proposed grading and stated that the City Engineer finds no major problems. It was noted that all drainage will go into the wetland and that no fill will be removed or brought in to site. Planning Commission found no problems with drainage. Parking Parking on south side of Cty. Rd. 51 - proposed blacktop parking lot for 50 cars. Taylor stated that lie felt that the suggested ne-i to increase the ;ize of the lot was a byproduct -f inrensificatic of use. Goetten stated that the existing parking area is not aJ equate and intensification was not an issue when planning. Mr. Wicklund stated that the plan was just to improve the existirg lot. George Grooms, 3065 NoriAh Shore Drive, stated that he has nevrr seen more than 30 carp, mostly durinq weddings at thc. park. Jim Mitchel 1, 2865 North Shore Drive, concurred with Mr. Grooms' statement. Intensification & Wedding Issue McDonald indicated that she felt the weddinq ssue was a commercial use. E MINUTES OF THE PLANNING COMMISSION MELTING HFLD MAY 19, 1986 #1020 SUBURBAN HENNEPIN PARR DISTRICT continued Taylor stated that the wedding use should be addressed as opposed to the general public's appreciation and enjoyment of the park. He felt the increased size of parking lot was to accomodate the weddings. Goetten stated that the committee did address weddings as a use, but the proposed improved parking area was because of the general daily use. Chairman Kelley questioned whether the wedding use, which seems to be rising, would interfere with the general use of the public. Mr. Wicklund stated that the park is not exclusively reserved for a wedding, the public is still able to enjoy the park. Deborah Bartels stated that they project 25,000 visitors per year in 2-3 years in-omp.rison to the present 8,400 annual visitors. Goetten stated that the committee felt that. the 25,000 visitor estimate was high and would be more in line with 12,000 visitors per year. Planning Commission majority agreed that the intent of the F,-)posal was a significant intensification and again guest d the intent of the wi ' '.. . L. Jessen stated that the extent of development of g=.rdens is up to the discretion of the Park District excf,pt for the things specifically prohibited in the will. In reference to the r(rth side, he stated that there will be no changes othu the- trail and a small gravel parkin: lot. Jack Swenson, 3020 North Shore Drive, stated that he is .,ncerned about opening an access on the north side. Goetten addressed the intent and need for a visZtor center being a place for workers and a central loca�ion for educating the visi ors. She noted that they hoped the building would be used during the winter months also. Duane Brodersen, 362, North Shore Drive, stated that he felt the weddings during prime -time would discourage people from the iatendcd use and creates it negative aspect and intrusion. MINUTES OF THE. PLANNING COMMISSION MEETING HELD MAY 19, 1986 #1020 SUBURBAN HENNEPIN PARK DISTRICT continued Ne', Webber stated that the educational aspect of the 1),arK is very critical because this particular park is a very unique situation and the public should be made aware of it. He stated -hat their concerns also include density and that the 25,000 annual visitor number is not a "goal" just a potential number.. It was moved by Callahan, seconded by McDonald, recommend to reject the proposal specifically in connection with the concept of the visitor center and parking lot. Motion, Ayes 4, Nays 2. Goetten and Bellows voted nay. #1022 CHARLES A. SCHALL 605 PARK LANE VARIANCE - SECOND REVIEW Charles and Marilyn Scriall were present for this matter along with their contractor, Marty Bethke. Assistant Zoning Administrator Gaffron noted chat the applicant and neighbor were not able to reech a compromising solution. He explained the proposed plan r -h consisted of an entry addition and a garage with a second story storage room area. The garage addition is proposed at 7.7' from side setback, 3..5' from street setback, and proposed at 20' in height (30' al lowed). He noted that hardcover trade-offs would create a small decrease in existing hardcover. Stan & Betty Rudd, 601 Park Lane, were present for this matter. Mr. Rudd stateu that they were agre Fable to a garage addition 15' in height. He submitted notos. Mr. Bethke stated t :.n addition at ! 5' hei.g`it would create an unusable space above u:--rage. It was noted in Assistant Zoning Administrator Gaffron's memo that Chief Kilbo felt that the proposed access to garage is no more unsafe titan the existing situation. Bellows stated that she felt some of the hardcover proposed to be removed for trade-off should be kopt for back-up apron to provide safety. Mr. Scha 1 1 state that the proposed room a' ove garage addition will be used as a second bedroom because the existing house is only 1-1./2 bedrooms. MINUTES OF THE I'J.Ai aG COMMISSION MEETING HELD MAY 19, 1986 #1022 SCHAI.L continued It was m ve:l by Callahan, secuoded ,y McDonald, to recommend approval of the proposed plan with the back-up apron hardcover to remain. Motion, Ayes 4, Nays 2. Bellows and Kslley voted nay. Bellows stated that she recognizes the wardship but felt the applicant bought in to the situation and that the area is already very much overbuilt. #1023 '?.OLLA .-i. MARTIN 2675 SHADYWOOD ROAD VARIANCES PUBLIC HEARING 10:15 - 10:19 The Aff lavit of Publication and Certificate of Mailing was noted. Rolla and Nancy Martin were present for tris matter. Assistant Zoning A('ministrator Gaffron explained the the request for a hardcover variance to i:onstruct a bedroom addition in the 75-250' area which would increase the hardcover from 26.8% to 27.1%, no hardcover tr:;de-off .is proposed. No one was pri�5ent from the public r 3rding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by McDonald, to recommend approval as pr-►posed. Motion, Ayes 6, Nays 0. #1025 EDWARD P. HENRICH 4115 HIGHWOOD ROAD VARIANCES PUBLIC HEARING 7:41 - 7:42 The At it of Publ:cation and Certificate of Mailing was noteu. No one was present from the public regar�J ing _his matt and the pjl)iic hearinq was closed. Edward and Phyllis Henrich wc,re present and requu!Fted that than application he tabled. It was moved by Chairman Kelley, seconded by McDonalrt to table this matter ,at thi:; time. Motion, Ayes 6, Nays 0. #1027 PHILLIP PILLSBURY 1200 BRACKETTS POINT ROAD VARIANCES PUBLIC HEARING 10:20 - 10:35 T>ie Affidavit of' Publication and Certificate of V,- i 1 ing was noted 7 MINUTES OF THE PLANNING COMMISSION MEETING HELD MAY 19, 1986 11027 PILLSBURY continued Representing the applicant: William Scott., architect, Steve Pt laum, applicant':; attorney, and Damon Farber, landscape designer. Zoning Administrator Mabust: explained the request for height variances of 2-1/1 feet for installation of a 6 foot high "sepentine" brick wall within the street yards adjacent to Bracketts Point Road. Applicant's r- -esentatives noted that the hardship was the need to scLeen noise and 1 ightinq from County Rd. 15. They also noted that the neighbor's are in favor of the proposal. No one was pre --ant from the puts: regarding this matter and the public hearing was close(-. Bellows questioned if she should abstain from vo g because she is related to applicant through mari.ay`. Commission found no reason for her abstention in voting. It was moved by Goett.en, seco,rded by Bellows, •o recommend approval of the pfoposal.. Motion, Aves 2, Nays 4. Motion fails. Kelley, Taylor, McDonald, an6 Callahan voted nay. Kelley stated '-hat he was opposed to rrick:ng in or fencing in Orono a,,.. prefers a natural scr-�enirg alternative. 11028 LEN BAChKES i813 4.ASCO POINT ROAD VARIANCE PUBLIC 11EARING 10:37 — 10:42 The Affidavit r,f Pvr :cation and Certificate of Mailing was not.-d . Len and Fury Aran Bachkes weie present for this matter_. Assistant Zoning Administrator Gaff -on explained the variance requests in order to construct addition to west s.ide (" their home. 1.) proposed hardcover _ r. (ease in the 75-250' from 26.0% to ?9.78. There are no substant i a 1 hardc(.,vrr items that could reasonably be removed as a tradeoff. 2) side set b ; -k variance of 0.5 feet. Ieavirig a 9.5 foc,t setback on the west side of the house. Nc one was presen from fha' regardi.nq this mc:fter anu the public hearing was c loseci. H KtINUTES OF THE PLANNING COMMISSION MEETING HEI•D MAY 1(), 1986 #1028 BACHKES continued It was moved by Cal lahart, seconded by Taylor, to recomme-nu approval as proposed. Motion, Aies 5, Nays 0. _:9 LEO CLIFFORD 4 60 NORTH SHORE DRIVE RENEWAL VARIANT PUBLIC HEARING 1;33 - 7:36 The Affidr of Publication and Certificate o�- Mailing was toted. ,�tant Zoninc Administrator Gaffr,)n olained the for the renewal of lot area/lot w _h % .riances 1.u_ id on n.39 acre lot which was previously appi •ed on 11./13/84 asolutio►: #1698 which has expired No one was present from 0, public regarding this tatter and the public hearing was _losed. It was moved by Taylor, seconded by McDonald ..o recommend approval of the variance renewal _--resen..ed. Motion, Ayes 6, Nays 0 #1030 CHARLES D. DOLLAR 1810 LAREVTFW TERRACE VARIANCE PUE'.IC RFARING 10:43 - 10.47 The A' av '. of vublication and Certificate of Mailing was no;.- d. Charles Dollar wac, present for this matter. Ass cant Zoning Admini9t!ator Gaffro•. expIai%ed the rea, for a side set.bnck variance to construct a )m add, ic- 1.6. from ie side setwacF, where • normal req-jLred. He iol�ed t1 at. the rclig.. coring property owner has acknowledged having been �. -aised the applicant's plans, and has no,_ made any cc iments _o staff. No one .. resent from the publi,. . ,,a�-ding t.1 is mat.�.er a..d the panic hearing was closed. . c was mo\ by ^ttec, seconded by Kel le;, to recommend ap, al proposed. Motiois, Ayes r Nays 0. r MINUTES OF THE PLANNING COMMISSION MEKTING HELL) hAY 19, 1986 11031 MARK 14SLEY 3464 EASTLARn STREET VARIANCE PUBLIC HEARING 7:36 - 7:40 The Affidavit of Publication and Certificate of Mailing was noted. :assistant 'honing Administrator Gaffron explained the requesr. for variances to construct a 18'x22' brick patio prrtially within 0-75' setback and exceeding 75- 250' hardcover limitations. Approximately 88 s.f. of patio is pr..-)posed in the 0-75' zrane creating 1.2% hardcover in the 0-75' zone. In tt. 75-250' zone, the 1•,roposed addition would increase the hardcover from .0.0% to 32.9%. I si, Zoning Administrator Gaffron noted that . 1 rianres were granted to th:,? properties at 3424 a-nd 3 Eastlake Street. Naincy and Mark Huns 1 ey were present for th. matter. Mr. H+unsley stated that the hardships were a need for a patio and that. this --as the only viable site location. 14.) one was present from the public regarding t1. ; rtter a•�d the public hearing was closed. I- wa moved by Bellows, seconded by McDonald, to r2c:ommend approval of the variances as proposed. Mr)tiori, Ayes 6, Nays 0. #1032 BRIAN FULMER 3505 "ATA BLVD. VAF 3 P('B. HEARING 10:48 -- 11:00 The Affidavit of Publication and Certificate of Mailing was noted. Brian Fulmer was present for this matter. Zoning Administrator Mabusth explained that the applicant is requesting a variance to the Highway 12 Moratorium because he seeks an amendment of Comprehensive Plan by seek.in.. sewer service for property located within defined rural area. She notes'' that on April 2d, 1986, Council arT-roved sewer service to serve the applicant's proposed commercial use. No one was presentfrom the public regardinq this matter and the public hearing was closed. M MINUTES OF THE PLANNING C014MISSION MEETING HELD MAY 19, 1986 #1032. FULMER continued It was moved by Goetten, seconded by Taylor, to recommend approval of the variance to the moratorium finding that it is a unique situation and that the request is not contrary to the intent of the comprehensive plan. Motion, Ayes 3, Nays 2. Callahan and Kelley voted nay stating the• were not in favor of allowing the sewer hookup as were Councilmembers Grabek and Frahm. #1n33 ROYAL DOSSETT 2 5 PHEASANT ROAD VARIANCES PUBLIC HEARING 11:00 - 11:23 The Affidavit f Publication and Certificate of Flailing was noted. Royal Dossett was present for this matter. Assistant Zoning Administrator Gaffron explained the request to add a structure and hardcover exceeding the limits in the 0-75' setback zone and average setback variance. The addition consists of a glassed -in porch of which 100 s.f. is in the 0-75' and a 414 s.f. patio in the 0-75' area. Existing and proposed hardcover as follows: 0-75' 0-1% (steps to lake) existing - 4.5% proposed 75-250' 26.3% existing - 27.2% proposed Gaffron noted that the proposed addition would not obstruct neighbor's view because of the thick growth of pine trees. Any drainage would be away from the lake. He also noted in his memo a number of similar minor encroachments into the 0-75' recently approved by the Council. Mr. Dossett reviewed the need for a screened pox ••h and the patio area in a cons =t-ant ly muddy area where grass will not grow because of she shade from trees. Planning Commission did not feel that all the proposed patio area was necessary. No one was present from the public regarding this matter and the publics hearir.q was, closed. It was moved by Chairman Kelley, seconded by Goetten, to recommend approval of the porch and partial patio and steps to the side entrance excludinc; !-he wrap around patio sidewalk area and deck on side. Motion, Ayes 5, Nays 0. 11 VP MINUTES OF THE PLANNING COMMISSION MEETING HELC MAY 19, 1986 APPROVAL OF MINUTES It was moved by Taylor, seconded by Chairman Kelley, to approve the Minutes of the April 21, 1986 Planning Commission meeting as submitted. Motion, Ayes 6, Nays 0. PLANNING COMMISSION REPRESENTATIVE Planning Commission member Goetten was appointed to attend the June 9, 1986 Council meeting. ADJOURNMENT 11:29 P.M. It was moved by Chairman Kelley, seconded by Goetten, to adjourn the Planning Commission meeting at 11:29 P.M. Motion, Ayes 5, Nays 0. EJ :f1DEPENDENT SCiOOt DISiR:CT 0277 WESTON" PUPLIf. ;(IMIS 56001yrnnxid Blvd. Mound, Minnesota S5364 r+LGtILAP/ELECTION SCIML WARD MEETING, Tuesday, May Z), Ill% (Minutes to be approved June 9, 19%) ATTE1100CE/ The requiar/plection meeting of the school hoard was call" to order at LOCATION R:47 p.m. in the Lecture Mall of the Weston►a Community Center by Chair- man Ian. Goblirsch. In attendance were: Scholl Board Members Goblirsch, Cheiberg, Hallowell, Meyer, Pitsch, And Schmidt; Supt. Stevenson; Asst. Superintendents Brandenburg and Myers; principals, teachers, supervisors, suplioit staff, parents, students, rnaerunity members, district D.R. c xirdinstor. OPEN The rhairwan welcomed the audience and invited comments. tent Musser, DiSCItSS.nI MW"S (ounseior, announced he wislind to address Agenda Item 013, the employiwnt of counselor deans. lhin•,a Smith spoke on behalf of A-5 teachers who wished to have June 3 declared a workshop day. BPLaUS: many elementary teachers will be shiftinq teaching stations for nett year, she felt it would be im- pntsihte to complete their work and still have June 3 be a day with students in attendance. In the past the last day has been a workshop day. This was purely an oversight by the elementary division during calendar planning this year. acrordi.ng to Smith, and will be a workshop lase in future calendars. Mr. Gobli-sch quoted from a 19S6-57 Student Handbook and requested copies hp made of the document. Goblirsch also responded to an editorial in the May 20 Laker concerning the member hip of the Athletic Director Search Cowittee. MIRUTFS rhelberq raosrd. Hallowell sPronded the motion to approve the minutes of APPROVE'' the reriular school b+lard mvPting of April 1/, the special mopting of April r4, and the closed meeting of April 28. i9PAfi Unanimously approved by roil CAII v,-to. C"ITTFF PERSONNEL COMMITTEE' Chelbrrg reported that—gotiations hivr uequn with REPORT', ill: Principal;, Su�erintendPni and Assistant Supt for ,nstructirin, and will lie ,-nmt+NtPd for Other unit,. who havr rrqurlty,d same.. She announced a c1n'pd ^« etteq for June 2, at , P.m. in the- superintendent- conference r-irm., nn the topic of negotlatinn:. CURRICJVPI C"ITTEE: iWitoxell gave an overview of curriculum accom- pli.hronts in ilia district to data. Shp asked for input from the schora board and local People to forward to AMSD for their study in overhauling tha tar system, particularly in the area of property taxes. r.7n:es of the "Good News' publication distributed at the last meeting wr•.. •"''IYpstpd fur piac-rawnt in do,!hrs' Oifitps. real estate offices, lihiarins, etc. May 20, 19% Minutes Pa x SUPERINTENDENT: Or. Stevenson recortpd on the tea-tinq ri,"raer and the minimum (amtieter(y levels achie"i ly our studaaits; a prripus►d meeting r+! Orono to discuss expanding District 287 (vo-tech) servr,es !•� .tor area; and reported on rpsponses to the distrlc_-vide survey on 'Wet Should Students Know Refore They Graduate?". Goblirsch thanke•.t all who were candidates for electim to rho ". rrI board and stated Lhot the c&vmiurity is a wrhner with six candidar cowing forth. TREASURER'S Chpltserg moved. sec3nded by Srgmidt, that the sthuol board apr''vP AS REPORT presented the current financial documents and TrPssLrer s aeoa•rt- as n,rted in agenda item 03. With no discussion all members vuLed aye o. mill call vGte- PRESIDENTiAL Mary Alexander and Mo. Goblirsch presented pin', and certiflr11es 'o the A(_ADEMit. FITNESS forty -%even students present of the fifty-three ergr+th traders whtl met tbal AWARDS stan,rr s of the Presidential Academic fitness Test for Acm*w is Arhieve- ment.- Pictures were taken of the group, and all received applause for their accomplisimw ts. A two -minute recess was declared at 9:28 p.m. so that students and 'heir parents might leave if they so desired. FOREIGN Asst. Surt for Curriculum and instr,ction Pam Mvert intrt+ducpo Jacauol iM LANG"IAGE Atkinson, MWHS Spanish teacher, who reviewed the f-jr-,gh larguage nrtyre► REPORT in our district. Nintie. fergusun diScUS'**d tfle 6erma+i Progr9m. Spanish Students Danielle Goblirsch and Reece Stallings reported on their trips to Spain and Witico. {ecky Arch -bald and Jennifer Pauly discussed their German trips and the value of knowing a t.ireign la►illluagv. PE?".ONHFL Pitsch seconded the motion by Chelberq to appr-ive !ke persorrpl - &- s- TRANSACTiONS actions reco mendaW by the Superintendent in agenraa item ►b.- With wo discussion a roll call vote resulted is wnaniarous Opp -oval. Ct1M"ITY SERV. Chelberg moved. Seconded by Schmid:, that payment ns SA,OFit `.rcenttve pay DIRECTOR for 1985-R6 to Donal.t Ulrick be approved. Uyiarimously AT`Grnved by roil INCENTIVE PAY call rote. DEPT. CHAIR Motion by Clelberg, socoride@ by Hallowell, that the rr lrmeridJtinns of the TASK FORCE Department Chair Task rorte Committee be a-pproved as listed ie 89en1a RECOMMENDATIONS item 68.- All members responded aye to roll call vote. DISCONTINUING. Motion by Cheiberg, with second by Pit-ch, that Rioingr and 9%Vsic3; Scir- REDUCING PRO- positions at M16f5 be reduced as stated in agenda item 09.- All mmmb. s GRAMS/POSITIONS voted aye on roll call rote. TERMINATION. Hallowell secoadieed the +motion by Cheiberq tkot tke Grobatlonary teacltreg "-RENEWAL OF contract of Joan Gostor be terminated at the end of the 1965-•36 sckoeI PROBATIONARY year as stated in &genes item a1D.- Motion unanimously Passed by *all CONTRACT rail vote. PLACEMENT ON Motions by Chelherq, seconds by Pitsch, that RDhAn" 4rtfw "N and Jerry UPIREOUESTEC Hummerickkinise be Dialed nn urrre",Uested leave or absence ar.cordiny to LEAVE the te.- of agenda item. Ili -A and all-B.- Motions Passed :Aianiwoui ly by rill call vcte. May 20. 19n6 Minutes Page'] a CONSENT f'elberg moved, iecont" by SChamldt. that consent agenda Items 12-A. AGENDA i2-11. 17-C and 12-D be approved as recrmmrended by the superintendent.• Passed by r011 call m)te unariiwusly. The items were: 1980 graduation list, rirrxmint—nt of Community Services Advisory Council members. Chapter 1 Authorizations, and Resolution of Compliance - Pre -School Screening. EMPt0y"FN7 It Kent Mus:er asked to address the board on this issue. The counseling COUNSELOP PLANS derartm mt objects to this action, feeling the dual roles of counselor/ disciplinarian are into mpatible and that the guidance counselor role will diminish, Ch_ tterg moved, setondea by Schmidt, that the school board authorize the zdm-iistrition to rMloy two full-time courselor deans. (One will br assirtned to Grandview, the other to "WHS.) After minimal discussion 'he motion was approved by roll call vote: Pitsch voted no, all others aye. ELICS10*1 Head-lection judge Letitia Schlasinger presented the results of the RESm?LyS ballot count for the 1986 school board election to the chairman and heard wember%. L,rrr-n Fritz (964 votes) and Bonnie Pechtel (494 votes) were declared elected to thee- year terms beginning July 1. 19%. ending ! 3n, 19149. Total voters: 1419. Vote tally: Agenda item 014.• ELEMENTARY _,nna 'rmith again addressed the schnnl board on the sobject of the need for OiviS1011 a wnrtchop day for grades K-5 teachers on Awne 3. After discussion Lon- CALENI)t.R cerning the prnblems this short notice could cause parents, and other CHANGE ramifications. Or. Stevenson distributed a suggested resolution. Mov+d by Chelberg, seconded by Pitsch. that the school board declare the final day of school for children in grades K-5 to he June 2. 1986; and, further resolved that the school board authorize an end of the year workshop day for eiemeot+mry teachers In grades K-5 on June 3. 1966. Roll call vote: Hallowell -aye; Pitsch-aye; Chelherq-abstain; Goblirsch-aye; Schmidt -nay; Haver -aye. Motion passed. ADJ0IAtti"11141 The meeting was adjourned at 10:45 p.m. Patricia C. Chelberq. Clerk _— William M. G3bl: -h. Chairman /ah "Complete documentation Lan be foupJ its the permanent -'minute boot. -3 \ ��`1U`O LAKE MIANETONKA CONSERVATION DISTRICT A G F. N D A Regular Meeting, 7:30 p.m., Wednesday, May 28, 1986 TONKA BAY VILLAGE HALL 4901 Manitou Road (County Road 19), Tonka Bay 1. Call to Order 2. Roll Call 3. Minutes - April 23, 1986 4. Treasurer's Report A. Monthly Financial Report B. Bills 17 MAY 23FA V 5. DNR Lake Studyi Bill Becker 6. Committee Reports A. WATER STRUCTURES & ENVIRONMENT CO MITTRE (1) Comittee Report (a) P.H. Report - Cray's Landing Cc. (b) - Hennepin County (c) " " - M.Y.C. (DMA) (d) " " - Surfside (e) �� �� - W.Y.C. (f) - Seton Village Association (g) 1986 Dock Licenses, DMAs (h) Slip Size Regulation (i) Dock License Amendment - M.Y.C. Q ) Other (2) Action Items (a) Committee Report Action (b) Variance - Cray's Landing Length & Setback (c) Dock License (tabled) - Gray's Landing Co. (d) Sp Density & Dock License Amendment - Hennepin Co. (e) DMA Amendment - M.Y.C. M Dock License &mendment - W.Y.C. (g) Variance - Seton Village Length (h) 1986 Dock Licenses (0 1986 DMAs (3) Other B. Lake Use Gos aittee C. Executive Co ittee (1) Committee Report (2) Committee Report Action 7. Variance Orderr Chimo 8. Other Business 9. Ad ournment 5-22-86 LAKE MINNETONKA CONSERVATION DISTRICT REGULAR MEETING TONKA BAY VILLAGE HALL April 23, 1986 The regular meeting of the Lake Minnetonka Conservation District CALL TO was called to order by Vice Chairman Hurr at 7:35 p.m. on Wednes- ORDER day, April 23, 1986 at the Tonka Bay Village Hall. Members present: Richard Garwood (De-phaven), Robert Pillsbury ATTENDANCE (Minnetonka), Frank de Monchaux (Minnetrista), Jon Elam* (Mound), JoEllen Hurr (Orono), Robert R:.scop* (Shorewood), Ron Yraemer (Spring Park), Marvin Bjorlin (Tonka Bay), Mark Wesr_lund (Wayzata), and Robert Slocum (Woodland). Communities represented: Teti 1101. *Arrived late. Hurr welcomed new Director Mark We5tlund to the Board from the City of Wayzata. Bjorlin Moved, Kraemer Seconded that the minutes of the April 2, 1986 t ing be approved. Motion, Ayes (8), Nays 101. Garwood Moved, de Monchaux Seconded that the Treasurer's Report be approved and the bills paid Motion, Ayes 181, Nays (O1. Hennepin Parks was represented by Neil Weber and Marty Jessen who reviewed the history and orgar.ization of the Suburban Hennepin Regional Park District. Weber r-ported that Hennepin Parks wants to participate with the LMCD in the future, and offered technical assistance and funds. In Hennepin County there are 17,000 acres of county parks, with 21� million visitors. Land acquisition is nearly completed. Of park property, 80% is kept in natural state (e.g., for trails), and 201'. is maintained for picnic and uther activity -associated pursuits. Non -county property is being disposed of. Jessen adder'. that "Time Out" magazine is their architect for management of park areas. On Lake Minnetonka, parks are Noer<:nberg, Big Island, Goose Island, and Wawatosa Island. It was emphasized that at the present time, Hennepin Park facilities ate under -used. _WATER STRUCTURES & ENVIRONMENT COMMITTEE. Bjorlin reported that the committee reviewed the public hearing report for Seton Village and laid the matter over because the soundings survey had not been completed. Other public hearing reports and a DMA permit were reviewed and recommendations were made, including (1) that the Wayzata Yacht Club amendment to reconstruct Pnore docks on its recently -acquired Wayzata Bay Tenancy property be recommended for approval; an(' (2) tabling the Sailors World request for renewal of its dock 'icense to include 52 fishing boats, although it will not be in the fishing boat business this season, :ind its DMA for 20 moorings. MINUTES TREASURER'S REPORT HLNNEPIN PARKS LMCD Board Minutes April 23, 198b Page 2 The committee discussed the need for including sl:•, size it., its SLIP licensing and Special Density Permit processes, and .-)ntinue,d the SIZE matter for further study and review. De Monchaux Moved, Garwood Seconded that the committee report be accepted. Motion, Ayes [101, Nays [0). De Monchaux 'Moved, Bjorlin Seconded that the City of Greenwood GREENWOOD dock licer.se, with back-licens.ng ;o 1977 for 26 boats at itta main BACK - site, and with payment of any license fees involved, be approved. LICENSED Motion, Ayes (1';, Nays [0). Pillsbury Moved, c' Monchaux Secon d, that the Boulder Bridge BOULDER dock license amec _nt for reconfiguration of dockage on the main BRIDGE Lake to have •,,I slips face outward to improve swimming safety, AMENDMENT and that deptl,s of five northerly slips be increased from 24 feet to 32 feet, be approved. Motion, Ayes [10], Nays 101. Bjorli:i Moved, Kraemer Seconded that the minor change amendment KRESLINS for Nary Kreslins to reconstruct a temporary dock section with AMENDMENT a permanent dock be approved with the stipulation that no deicing be permitted. Moticn, Ayes 1101, Nays [01. Garwood Moved, Elam Seconded that an amendment be approved to the CNIMO 1976 variance Order for the Chimo Association to provide for a ORDER dock configuration centered on the property, with 10 foot setbacks AMENDED on each side, subject to submittal of an as -built survey, and that the amended Order be drafted. Motion, Ayes 1101, Nays [0]. Elam Moved, Westlund Seconded that the amendment request by Wayzata WYC/TENANCY Yacht Club to reconstruct shore docks on its recently -acquired RECONSTRUCT property from Wayzata Bay Tenancy be tabled. Motion, Ayes 181, Nays 121, Garwood and Slocum voting Nay. Elam Moved, Rascop Seconded that the minor change amendment to PIZZA A AKE the dock license of Pizza on the Lake to add a 60 foot. pick-up AMENDMENT dock at the east end of the dockage to replace slips originally planned, be approved. Motion, Ayes 1101, Nays 101. Garwood Moved, Elam Seconded that 1986 dock license renewals, in- 1986 eluding Orders and stipulations, fie approved for Grays Bay Resort RENEWAL and Marina, and for Libbs Bay Boat Club. Motion, Ayes f101, Nays LICENSES [01. Rascop Mc,ved, Pillsbury Seconded that the 1986 District Mooring MYCs Area renewal application for the Minnetonka Yacht Club be approved. DMA Motion, Ayes 1101, Nays 101. RENEWAL. LAKE USE _COMMITTES_: Pillsbury reported that the committee reviewed the presentation by Bill Beduhn regarding the reduction of fish population, and his request. to have bass tournament contests stopped or placed on a three-vear moratorium until i1formation LMCD Board Minutes April 23, 1986 Page 3 is developed relative to the loss of fish from the catch -and- BASS release prop am. Duane Shodeen, DNK Fisheries, reported that FISHING less than 1% of bass retcoved from the Lake are from tournament activity. Members from ba.-s clubs indicated that pro clubs teach conservation, that there is a penalty on any damaged fish returned, that in Minnesota all clu►. release their catch, and that 80% of fish caught are returned alive. The committee took no action at this time. The committee reviewed a Special Event application with show promotors Gary 3riggs and Greg Schultz for WayzaLa Marine dealers' boat show. last year the inspection report indicated that not all stipulations were complied with. After discussion of the needs of the show and stipulations of past permits, the committee recommended approval with stipulations. The committee was advised of the following additional Special Event S° EVENT Permit renewals: Lower lake race schedules, Dunsheath parasailing, RENEWALS Holiday -Johnson Crappie Contest, Minnetonka Bass Club, Upper Minne- tonka Yacht Club race schedule, Wayzata Chamber of Commerce amendment for .1966 Chilly Open to include fireworks display on the ice, Minnesota/Wisconsin Pro -Am Bass To, naments, Wayzata Chamber for its 1986 Fourth of July amendment, Antique and Classic Boats rendezvous, and Wayzata Chamber for 1987 Chilly Open. The 1986 buoy program was recommended for approval as modified. BUOY PROGRAM Charter boat registration has been slow, but the Water Patrol is helping to encourage registration. The committee discussed the need for changes in the winter and SPEED summer speed limits, with the possible need for reducing night LIMITS limits to 10 mph and some reduction for day limits in the summer, at least on weekends, as well as winter limits. The committee determined that a public hearing should be held in September to determine any need for change for the 1987 season. The committee discussed types of conditions which the District LIQUOR should review in licensing on -sale liquor sales on the Lake and SALES on charter boats. Conditions include (a) a noon to 9:30 p.m. service period, (b) not issuing licenses at all, and (c) deter- mining what cypeS of local control problems have been experienced in the past. A legal report has been submitten for committee review. The committee reviewed inspection reports for Mai Tai broomball and Lord Fletch^r broomball events, and recommended that there should be no refund of Mai fai's deposit because of the amount of debris not cleaned up. The water Patrol (1) presented its annual report for 1985 which :showed a 13% increase in activity over the previous season; (2) LMCD Board Minutes April 23, 1986 Page 4 expressed appreciation on behalf of the Sheriff's Department for W.P. the LMCD consolidating prosecutions; (3) indicated that effort REPORT would be made this year to reduce the ratio of warnings to citations, and (4) BWIs are a;,tensive in Excelsior Bay. Review of DNR fishing rules was held over. Pillsbury Moved, Bjorlin Seconded that the committee report be accepted. Motion, Ayes [101, Nays 101. Pillsbury Moved, Garwood Seconded that .he Special Event Permit application for the Wayzata Marine boat dealers' show May 16, 17, and 18, and for September 12, 13, and 14 at the Mai Tai and the Excelsior Bay Yacht Club be approved with the following stipulations: a. Professional guards must be on duty after hours to prevent other use of the area. b. All show slips are to be useu for display purposes only C. No boat access is to be allowed to the slips. d. The show area is to be r( -off with rope banners between 12 noon and 8 p.m. daily. e. These are before -season and after -season promotions, and no other overnight boat parking is to be allowed. f. The District's noise limits must be complied with (86 decibels at 50 feet on the A scale). g. Boat registration numbers must be affixed to all boats, according to statute (dealer plates are required during transit, not needed at docks). h. All temporary advertising signs for the events must be remo%ed within seven days after each events. i. Permit is subject to the City of Fxcelsior, if necessary, and to the Sheriff's Water Patrol. Motion, Aves [101, N,jys 1(}1. WAYZATA MARINE. BOAT SHOW PERMIT Pillsbury Moved, Slocum Seconded that there be no refund for Mai DEPOSIT Tai of their broomball deposit because of the debris not having REFUNDS been cleaned up, and that the I.ord F'ietr.her deposit for broomball be approved for refund. Motion, Ayes 1101, Nays 101. Rascop Moved, Pillsbury Seconded that the DNR be requested to DNR FISH advise the I.MC:D of applications received for fishing contest CONTEST permits. Motion, Ayes 1101, Nays 101. PERMITS LMCD Board Meeting April 23, 1986 Page 5 ZAECUTI.VE COMMITTEE: Burr reported that the committee discussed METRO the Metro Task Force Report on Lake Minneton'<a and its recommen- T.F. dations concerning increased District responsibility for access, management, planning, and increased authority and financing to upgrade the program. The committee determined that the next step would be to review the program with area state legislators. After receiving preliminary plans for the King's Point ramp, the KING'S committee determined that the matter should be pursued further POINT to determine DNR compliance with Task Furce recommendations. RAMP The committee accepted the resignation of Robert Brown, recommending commendation for his past ;ervire to the District. The proposed Personnel Policy and Executive Director job descria- tion were reviewed and recommended to the Board f;•r approval as modified. The committee also discussed the audit, reviewed the bills, discussed LMCD participation in a BW1 review on TV Channel 9, and reviewed the 1987 budget. Burr Moved, Pillsbury Seconded that the committee report be accepted. Motion, Ayes [10), Nays [0). Pillsbury Moved, Rascop Seconded that Robert Brown be given commen- OWN dation for his past service to the District. Motion, Ayes [10], %—MENDATIO) Nays [0]. Burr Moved, de Monchaux Seconded that the Personnel Policy as PERSOML modified be adopted. Motion, Ayes [10], Nays [01. POLICY Rascop Moved, Elam Seconded chat the Executive Director job de- JOB scription as modified be approved. Motion, Ayes [l.,)], Nays [0]. DESCRIPTION OTHER BUSINESS_: A second draft ordinance wa4 diet--ibuted relating to sale of liquor; among ether things the committee will review hours of operation and toes. A Mayors' Meeting to implement Task force recommendat.ionw will be held on Thursday, May 15. The "Lake Street to Water Street Easy Race V1" will he held April EASY 27, entry fees to be donated to the "Save the Lake Vund." RACE VI ADJ0URNMFN'r: Garwood Moved, Burr Seconded at 9:I' p.m. that the ADJOURNED meeting be adjourned. Motion, Ayes 1101, Nays [0{. Submitted Jon Elam, Secretary -Treasurer Approved by:_•--- ._ _ Rober' Rascop, Ct.a i rs►an (CITY of ORONO Post Office lt)x 660Crystal flay, Minnesota fir3LY•Municipal G,"fm Un the North Shore of Lake Minnetonka June 3, 1986 Mr. Bill Simp 2106 Shadywoo: Road Wayzata, Mid 5" 091 Pear Bill, Attached is a copy of some informational items regarding the City's budget, tax and other growth from 1990 to 1985 together with projections to the year 2000. As you wi 1 1 notc through 1985 growth .)E the budget taking into account Con.sumt -. Price Index (CPI), community growth should have a cumulative .otal of about 1.68% as ycu w; 11 note the tax increase in tha: period c.' time has only been about 1.62%. At your convenience please give me a call and I'd be happy to go over this sheet as far as other informational items were explained or questions relating to that which you may have. While more sf.,ecif is figures are avai iable this sheet was put together to be used as a guide for future organizational direction together with some history as it relater to both population and budgetary growth. Should you have any questions or comments, phase feel free tb contact me. incexeIy, Mark Bernhardson City Administrator MEB/',ih p11101`(1 ADM 1%ISIH%110%&f 471714A 0 KKR WORKS 4117"o 41.1 %%1%#. ciTx or ortavo Crafted 12/8S A" -Asa 2/86 Amerded 5/96 A, -"UAL CR0,7 PCTSC S 1980 1"1 1962 1993 1"4 1985 1 13e6 1987 19s8 2989 i990 20M population SewreJ 4250 4340 S100-5700 i'r, surer al 2570 1900 ) IsSO 7vts2 6820 690S 6947 7G21 7159 7240 1 7210 7370 7447 7'6J 76.30 BYOD- -95 C'.0 metro C.,Mn it 68:0 6o2n 1020 i 7000 7000 Number cf :teverad 1450 l 1"4 B �u soeu l.:v Ctteewred 041 1020 { IOU Total (as of 1400 12/81) 2311 2341 .371 2413 2474 2524 ( 2_,64 2604 2649 24" 2744 !2SO Matra Couaci3 2"1 2349 2462 26M 2700 Aeploysaat/ metro Counril 470 we 600 r.:aber cf 20 31 31 42 .5 $7 ' 40 4C 4S SO 4S IZ//r S.v Pri-mary Bldga. Sew Coast. Wokber 20 30 10 42 55 54 39 _9 {♦ 44 41 M Reeidaatial f Value f2.590 3.6G8 4.G19 GA A 10.6CG 11.9 ' 0 :C 6.0 0.9 9.4 0.9 9.8/Tr (mil/ions) Bev/C'thsr Nember 0 1 1 0 '. 5 , 1 1 1 1 1 1, TT f value - f.210 ilo - .176 S00 .100 .200 .200 .no .no (MilLtoasl � Remodel/ Member 1S6 276 210 719 2 3 279 256 26;1 27- 280 2% 3M/gr Additions f Value f1.438 2.276 ,.67 1.70 6. 397 3.9 1 2.3 2.6 ... 2.0 2.9 I.0 (Millions) 1 r y Ammes4rmot;Tear Payable (If Lilt in 1"3, its 00 1981 vol:a! Mar8et Value - $272.79 IC.6.47 133.90 3i7.j 3::a.12 Las.,, 397.48 409.18 4i2.00 473.y? St30: txllliona) (Got eaa'.Stad fcr Asaaass4 value 7C.8 ;7.7 90.1 95.2 102.1 100.52; lCl.fi 106.4 109-- ..: .cz 146.6 tm1121ons) Ad"t xepamdituraa 1 DL;4geted f 1,281 1.492 1.533 1.611 1.7is 1.922 2.196 i C2aspe 170 14.4 2.7 5.1 9.l 9.3 14.3 Cymulattve •"L".'7w 2.00 Antral 8 1.242 11.399 1.4C6 1.632 1.706 1.940 2.1S6, •change 22.54 12.6 .5 1S.0 9.4 0.6 13.. Coearun 1 S y aawclt ' • Increase is Scuselto!da eatimat._ Few 1.00 1 3 1.4 2.0 2.0 2.3 1.9 ( 1.6 i.6 1.6 4irCucL (Primary i lo.-a_ Ccamemg- Nice Index lit 14.rb 2. i 2..% 4.00 4.C% 5.01 4.0 3.0 3.0 CS (C9I) New ferric* Coatrs.te 4.3 6.3 - - - - 3.8 74otm 1 (CPT 6 tint Orono G: owt ". 6 New Costract ! Growth) 16.3 22 1 4.00 4.11 6.0i 6.31 10." S.66 4AS 4.6• 5.16 G."* Clalative Growth 12• 15.36 1.92• 1-68e T'am Increass 9.9 10.4 6.9 10.5 11.7 -6.3 8.4 Ctsulative Growth 1.629� e Growth Without Cnatrects CITYof ORONO Yost Office Box fib -Crystal Kay, Mi--,:.wita UKMl-Municipal Offices 0r: the North Shore of Lake Mtr.netonka May 29, 1996 Mr. Samuel Fi. Hertogs 999 Westview Drive Hastings, MN 55033 Dear fir. Hertogs, In response to yo,ir letter dated Apr i 1 25, 1986 the City of Orono is aware of some of the problems that are associated with the public access use iil the vicinity of Shoreline Drive and Orono Lane. It should first of all be brought to your attention that Shoreline Drive is County Road 15 and therefore is under the jurisdiction and maintenance of Hennepin County, so appropriately some of these issues such as extent of parking are ultimately their decision. It should also be noted that recently the County did seek approval for variances for the curves along Shoreline ac this location and two others which were granted by the Municipal to Aia Variance Board of the Minnesota Department of Tt ..sportation. These varialices were granted in advance of the County being able to spend capital money to maintain the road. While the area does appear to be problematic, research of 1985 accident record, indicates that accidents at the intersection of County Goad 15 and Orono Lane location were ,ot related to traffic from Orono Cane but were on County Road 15 involving east and west bo.:nd traffic on the cur,,e, principally because of high -peed and not re fated to traffic on Orono Lane or "Molly's Corn-r" parking. As you may be aware the area is posted "No Parking" on the north side of Shoreline -)rive and it is also posted "No Parking" for a distance of approximate 1 y 1.00 feet on the east side entrance of Orono Lane onto Shoreline Drive. Parking however is permitted beyond the "►:o Parking" zone past Orono Lane in the County right. -of -way for a space �f about 5-600 feet. Additionally parking is allowed on City owned property just to the south of the curve, which people often use or fishing purposes. As you m_ty also be aware Molly's Corner is c,ne of the few places that provides public access to the lake for those who do not own boats or for those who prefer to engage in recreational fishing from the shore. One of the Task Force recommendations from the 1983 Lake Minnetonka Ta.-,k Force Report was that a fishing pier he constructed out from City property at the Molly's IRADMG& IONM4; 47 1 7337 • AI)MM STRATI NV A FINANCE - 473 7358 • PI III W WORKS 4'3 7359 AS.Rt.S3MN; Mr. Samuel 11. ilertogs Page 2 May 29, 1986 Corner location. Implementation of such a recomm,?ndation may be of benefit to those who desire to f.sh together with a possible clean up of the area and reduction of the fishing from tAe store, which may be of benefit to the residents. It would however be prudent that appropriate parking be provided for -this activity and such a lot could jointly provide parking for an MTC "ParK and Ride" lot. A possible site for such a lot would be procurement of a portion of properties along County Road 7-5 from the property owners at 1925 and 1955 Shoreline, perhaps 50-100 feet on the back portion of those lots. If appropriately deve:.oped, screened and maintained this solution may be of benefit to all parties concerned, including issues related to turnarounds. This however is only in the exploratory stages and would require funding from outside sources plus considerable diEcussion on the part of the agencies and residents involved. As for your particular concern the City is forwarding this letter with a copy of your letter to Hennepin Coun y so that they may be apprised of your concerns. The City would be happy to sit and further dis�-uss these issues at your convenience and should you have any further questions or comments, please feel free to contact me. Sincerel tk Be r ay�d son City Administrator MB /d h cc: Herb Klossner, Pirector Hen')epin County Department of Transportation Mayor and City Council Kathleen Slatz, City Attorney Tom Radio, City Attorney 01 999 wesiview crive Hastings, MN 5503 (612) 437.314a Samuel H Herlogs Donald J Fluegel Michael R Sieben Mchael S Polk 'Harvey N Jones "nichard A LaVerdiere Steven D Hawn George L May Kenneth A Skrren Leo F Schumacher Shawn M. Moynihan Carol A. Eckerson Kathy A Endres John O Sonsteng Aw) ldmetod M V.-6ctcur OFFICES ALSO AT Red Wing. MN (612) 388 1561 Cottage Grove. MN (612) 459 1019 Hertogs fluegel Sieben Polk Jones & LaVerdiere April 25, 1986 City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 To Whom It May Concern: " Q i 1_ �,E;, . ;o It has come to our attention through our client, Thomas Rudd, that a serious situation exists on Shoreline Drive in the City of Orono. The City of Orono apparently has no parking restrictions from Orono Lane o Ferndale Road even though this stretch of road has a speed limit of 50 miles per hour. During the spring ar.d summer months in particular, fisherman arid tourists parr, right up to the residents driveways. Ail of these parked vehicles severely obstruct vision so that it is impossible for residents leaving their driveways to safely enter onto Shoreline Drive. Coupled with the 50 miles per hour speed limit this creates a very hazardous situation as residentf. cannot see on -coming traffic. Not only do the residents along Shoreline Drive have to contend with this dangerous =ondition, but the fishermen and tourists who use the residents driveways to turn around in, must try to back out into 50 miles per hour traffic with no clear view of on -coming traffic. Those people parking and emerging from their vehicles are forced to walk along the roadway because no safe path is available. At Mr. Rudd's request, an Orono police officer came to Mr. Rudd's driveway to observe this hazardous situation first-hand. The officer concurred with Mr. Rudd that the existing conditions are extremely dangerous, but he could do nothing about it. The officer also noticed the tremc:„jous amount of refuse thrown along the roadway by those park- iny, which creates a very unsightly appearance and gives - poor impres- sion of the City of Orono. In addition to the above hardships the residents must put up with, they must also contend with having their mail service interrupted as some days the mail carrier cannot deliver the residents mail because of vehicles parked directly in front of their mail boxes. If this situation is not remedied promptly as to the roadway between Orono Lane and West Ferndale Road, yoar insurance carrier should be alerted that this hazardous and needless situation exists. We would appreciate your prompt attention to this matter. C page 2 Of 2 Thank you in advance for your anticipated cooperation in resolving this Matter. mr cc: Popham & Associates Thomas Radio 4344 IDS Building Minneapolis, MN 55402 Thomas Rudd Yours very truly, FOR FI RM: wel H. Hertogs OfficerPriendly Pro�i�am C6_ tV _ V_-V �w ..a �- ... �.._ ... . .�- � ... .. w... .. �.w.,. l.ri ��:.. •. .. ter....— .i r. ..�.r.r�►r.�t. r.+4r� �. .•. ....�..�.. � .i gvw .... J.. .. .. �. Date: May 21, 986 To: Chief Mel Kilbo From: Officers Clark, Hensel, and former officer Pearson Subject: Final evaluation for the 1985-'86 school year Phase III of the Officer Friendly Program was completed during the week of May 19, 1986. As ,you know, schedule and man power problems made it nec- essary to delete phase II of the program this year. Although the deletion of phase II did not cause any major problems this year, we hope to include it in next years program. Phase II concentrates on winter safety, which, of course, is very important to us here in Minnesota. As I indicated in an earlier memo, phase I was completed during the first week of October. Some of the topics covered during phase I included: halloween safety, "911", personal safety, telephone use and abuse, and for third and fourth graders, drug use and abuse. Officrs Clark and Hensel accompanied former Orc o officer Pearson during phase III. Officers Clark and Hensel were then allowed the opportunity to watch officer Pearson conduct th, -lasses and get a "feel" for the program. After, watching only a few classes, officers Clark and Hensel took over and conducted a majority of the classes on their own. A movie titled Dan Horn and His Safety S3xad was shown to grades K-4. This was an excellent movie in which a ventriloquist (Dan Horn) used four puppet -like characters (the safety snuad) to discuss bicycle, pedestrian, and vehicle safety. Al of the kids and teachers seems?d to like the film very much. Safety around railroad tracks, the new NSP safety watch proRrar^, and a review of 4sonal safety were also discussed. A review of drug use and abuse, vandalism, and shoplifting was also conducted for grades 3-4. Officer Pearson explained to the kids (and teachers) that he is working at a different police dept. now and would be replaced by >ifficers Clark and Hensel and the new Officers Friendly. officer Pearson has e njoye3 working in the Officer Friendly Program for the Fast three vears and wishes Clark and Hensel the best of lu Officers Clark and Hensel did a fine ;ob and should he an asset to the F?ro-'I grain in the school. years to come. ( I-;oRC;F, II. DIXON 3250FOX STREET LOW.. LAKE MINNE50TA 55356 June 2, 1986 Chief Kilbo Chief of the Orono Police 445 Willow Drive Lona Lake, Minnesota 55356 Dear Chief Kilbo: Three weekends ago, the Orono police picked up a rumor that my home might be vandalized on Saturday night. My wife and I were away, but friends were staying in our small guest house. They were mightily impressed with yotr concern, your courtesy and your attention to our home at regular intervals throughout the night. Than;: you very much. Nine -01 yo s, V