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HomeMy WebLinkAbout08-11-1986 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY AUGUST 11. 1986, 7:99 P.N. (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Discussion will be held upon request. Couf5m MFFTING ROLL CALL 1. CONSENT AGENDA* UG 111986 2. Oath of Office - Edward Callahan Councilmember CITY OF ORONO APPROVAL OF MINUTES * 3. Regular Meeting of July 28, 1986 LANE MINNETONKA CONSERVATION DISTRICT REPORT - JoEllen Hurr Representative 4. a. 1987 Budget b. Dock Size/Boat Slip Size PLAMMING COMMISSION COMMENTS - Paul T..ylor Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 5. #841 Craig Winters, 888 Plentywood Road a) Plat Road Name Approval b) Final Subdivision/PRD - Resolution 6. #1026 Mike Hilbelink/John Vogt, 1060 Old Crystal Bay Road - Preliminary Subdivision - Resolution 7. #1042 Thomas Maxwell, 3685-3725 Watertwon Road - Conditional Use Permit - Resolution 8. #1044 Vicki Rizzolo/James Erickson, 115 Luce Line Ridge - Conditional Use Permit - Resolution 9. #1047 Dennis Kumlin, 2665 Fox Street - Preliminary Subdivision - Resolution 10. #1051 Ronald L. Glesne, 1475 Cherry Place - Variance - Resolution 11. #1052 John T. Spence, 2040 North Shore Drive - Variance - Resolution 12. #1053 Raymond J. Kosak, 3265 Carman Road - Conditional Use Permit and After the Fact Variances - Resolution 13. 11958 Comprehensive Plan Amendment - MUSA Line Realignment *14. 11015 Ervin Kamm, 755/763 North Ferndale - Revision to Drainage and Utility Easement CITY ENGINEER'S REPORT 15. Bid Award - 1986 Seal Coating 16. Navarre Interceptor Report 17. Request for Payment #5 - Wm. Mueller 4 Son MAYOR'S REPORT CABLE TV REPORT CITY ADMINISTRATOR'S REPORT 18. Hennepin County Recycling Ordinance 19. VanEeckhout Water 20. Saldur Park Road 21. Crystal Bay - Final Inspection September 17, 1986, 16:00 a.m. 22. Strategic Planning - Council 23. Building Inspector Salary Adjustment 24. Salary Increase Mayor and Council - Ordinance *25. April - June 1986 2nd quarter Liquor Report *26. Patrol Officer Hiring - Mark Moran - AGENDA FOR COUNCIL MEETING SET FOR MONDAY AUGUST 11, 1986, 7:88 P.M. CITY ADMINISTRATOR'S REPORT Continued *27. John Hammerel Letter of Resignation *28. Edward Callahan - Appointment to Office - Resolution *29. Appointment of Election Judges - Resolution *39. Administrator's Information Assistant Chief Selection Deering Island Big Island Board of Governors Goal Setting Status Tonka Transmission Reaveny Property Assessment Spring Hill Payment Pemberton, 3588 North Shore Drive CITY ATTORMEY'S REPORT LICENSES (31*) BILLS (32*) ADJOURNMENT AU'; : a!11 s:f ��i47 2 AUG1 1��11936 MINUTES OF THE REGULAR ORONfl1cglNCIOWNING HELD JULY 28, 1966 ATTENDANCE 7:03 P.M. The Orono Council met on the above date with the following members present: Mayor Butler, Councilmembers Grabek and Adams. Councilmembers Frahm and Hammerel were absent. The following represented the City staff: City Administrator Bernhardson, Public works Coordinator Gerhardson, Building a Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Blatz was also present. CONSENT AGENDA* It was moved by Councilmember Adams, seconded by Mayor Butler, to approve the Consent Agneda* as submitted. Motion, Ayes 3, Nays 0. APPROVAL OF MINOTBS* It was moved by Councilmember Adams, seconded by Mayor Butler, to approve the Minutes of the Regular July 14, 1986 Council meeting as submitted. Motion, Ayes 3, Nays 0. LAKE MINNETONKA CONSERVATION DISTRICT REPORT: 1987 BUDGET AND DOCK SIZE/SLIP SIZE REGULATION LMCD Representative JOEllen Hurr was unable to attend the meeting, therefore, it was moved by Councilmember Adams, secon,:ed by Mayor Butler, to table this matter until the August 11, 1986 Council meeting. Motion, Ayes 3, Nays 0. PUBLIC COMMENTS There were no comments from the public at this time. ZONING ADMINISTRATOR'S REPORT: 91027 MRS. PHILIP PILLSSURY* 1200 BRACKETTS POINT ROAD VARIANCE RR80LUTION t2024 It was moved by Councilmember Adams, seconded by Mayor Butler, to adopt Resolution 42024 granting a variance to permit the construction of a 6 foot high wall within the street yard of a lakeshore lot that is not adjacent to a major thoroughfare for a distance of 55 feet where only a 3 to 3-1/2 foot wal l is allowed. Motion, Ayes 3, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 28, 1986 i1026 MIRE HILBILIN6/JORM VOGT 1060 OLD CRYSTAL BAY ROAD FUELIMINARY SUBDIVISION RESOLUTION Mike & Ann Hilbi link and David 6 Cheri will were present for this matter. Zoning Administrator Mabusth explained the Planning Commission recommendation for future access and access easements within the subject property. Planning Commission recommended that the north/south link be located within a 60 foot wide corridor on the east side of the Hallson estates plat because this would be the most central location of the half section. Staff feels that this would not be the most central location of the undeveloped lands as would the corridor recommended by staff. Mabusth also noted that the Planning Commission's recommended through road would be an unsafe access onto Watertown road due to the limited sight distance coming from the west. within the subject property, Planning Commission recommended that a future private road outlot be designated along the west boundaries of Lots 2 6 3 up to southeast corner of Lot 1 as the major through road would be now relocated further east and not within applicant's property. Zoning Administrator Mabusth reviewed with the Council staff's recommendation that a future north/south through road be designated along the east boundaries of Lots 2 6 3 at a minimum width of 60 feet to connect to a future extension of Woodhaven. Mike Hilbilink stated that staff's recommendation would take out the only trees located on the property. In addition, he felt it unfair to designate a 60 foot corridor along his property, which would total almost an acre, when he does not plan on subdividing and it would totally benefit the property to the east when it is developed, and force a road through that he does not want. He feels that easements should be designated either through condemnation or when the property is developed. Ann Hilbilik stated that it defeated the purpose of why they are purchasing the property, they do not want a major road going right past their house. Councilmember Grabek asked staff why it would be a problem to designate access roads at a later date. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 28, 1966 #1026 HILBILIMVVOGT continued Zoning Administrator Mabusth stated that she felt very strongly that accesses be planned at this time in order to avoid piecemeal planning and minimizing the difficulties of dealing with multiple developers or comprehensive planning for through roads. City Administrator Bernhardson made the following comments: 1) The city may designate an easement through condemnation at a later date but at a cost to the city, which may force it to be a public road rather than a private road. 2) Try to avoid numerous curb cuts on Watertown and Old Crystal Bay roads by designating the easement now. Councilmember Adams stated that he is in favor of planning the accesses now, but is not certain that the city should commit itself to a public road at this time. Mayor Butler stated that subdivisions usually required a little give and take and it was just good planning on the part of the city to designate road accesses and easements at this point. Mr. Hilbilink submitted three different access road proposals of his own for council to review. Bob Craig, realtor for the current owners of the property, stated that he felt staff's proposal had 85% more roads than necessary, he recommended clean road accesses along the lot lines. Bill Levering, 2500 Woodhaven Dr., stated that the City must give some consideration to the proper' v owners in Woodhaven who have already built their ho. Bill Hull, 2445 Woodhaven Dr., repress ting the Woodhaven Homeowners Association, state) that a north/south through road to Woodhaven, as proposed by applicants, would be a hardship to the present homeowners. Councilmember Crabek stated that he saw the need to define the road system now but because of the controversial decision involved (safety, welfare, hardships), he felt that the City Engineer should review and make recommendations. MINUTES OF THE REGULAR ORONO COUNCIL NESTING REM JULY 28, 1986 43026 BILBILINA/VOGT continued David Will, future owner of lot 1, stated that he felt they should proceed with the designated cul-de-sac plan and in 30 years when/if needed city should proceed with condemnation for throughroads so the present homeowners do not have to deal with the hardships. Based on the issues and questions involved, it was moved ty Councilmember Grabek, seconded by Mayor Butler, to defer this matter until the August 11, 1986 Council meeting for the City Engineer's review and recommendation. Motion, Ayes 3, Nays 0. 61043 GARY BEITO 1169 NORTH ARM DRIVE VARIANCE RESOLUTION l2025 City Administrator Bernhardson explained the request for an after -the -fact request for a 3' side setback variance to .onstruct a screen porch in line with the existing ho;,se. Planning Commission recommended approval. Councilmember Adams suggested a height restriction be applied. Gary Beito w,,s present for this matter. It was moved by Mayor Butler, seconded by Councilmember Adams, to adopt Resolution #2025 amending it to include a condition that no addition above the screen porch will be allowed. Motion, Ayes 3, Nays 0. 41045 ARTEOR AND CLEO BLORI®4DAAL 145 CIGNET PLACE VARIANCE RESOLUTION 42026 Cleo Bloemendaal was present for this matter. City Administrator Bernhardson explained the request for a front setback variance of 23' to add a third stall to their garage so that a portion of the existing garage can be remodeled into a laundry room. Planning Commission recommended approval. It was moved by Mayor Butler, seconded by Councilmember Grabek, to adopt Resolution t2026 approving the variance as presented. Motion, Ayes 3, Nays 0. 4 MINUTES OF THE REGULAR OROMO COUNCIL MEETING HELD JULY 28, 1986 #1050 THOMAS R. BROWNS 760 BROWN ROAD SOUTH VARIANCE RESOLUTION i2027 Thomas R. Browne was present for this matter. City Administrator Bernhardson explained the request for a front yard setback variance to construct an addition to replace an existing porch and construct an attached garage. He noted that applicant is changing the driveway access layout which staff finds acceptable. Planning Commission recommended approval. It was moved by Councilmember Grabek, seconded by Councilmember Adams, to adopt Resolution i2027 approving the variance as presented. Motion, Ayes 3, Mays 0. 11054 STEVEN SCHNEBLY 2555 COUNTRYSIDE DRIVE VARIANCE RESOLUTION #2O28 Steven Schnebly was present for this matter. City Administrator Bernhardson explained the request for after -the -fact variances to permit the construction of masonry walls flanking his driveway entrance which exceed the 42" maximum height allowance and require a variance because they are structure within a front yard area. Assistant Zoning Administrator Gaff -on stated that the Planning Commission voted 3-2 to approve the request, with the minority opinion being that a similar type of structure was recently disapproved on Brackett's Point (Pillsbury serpentine wall) and approval of the Countryside Drive application would be inconsistent. Staff differentiates this application from the Pillsbury application in that it is essentially two pillars rather than a continuous wall. In response to the question by Mayor Butler, Mr. Schnebly stated that he did not plan to put anything on top of the entrance pillars. It was moved by Councilmember Grabek, seconded by Councilmember Adams, to adopt Resolution 12028 granting the after -the -fact variances as presented. Motion, Ayes 3, Rays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING BRLD DULY 28, 1986 APPROVAL OF ENTRANCE SIGNS City Administrator Bernhardson stated that these two requests are forwarded for Council review because there is no clear direction in the code regarding area limits or standards for special signs in residential districts. Luce Line Ridge - Applicant, Randy Asplund, proposes a 6 9 and 12 in width - approximately 75 s.f. (code states maximum height of 8' allowed and normally a maximum of 50 s.f., the B-1 standard, has been utilized as a guide). Staff confirms that the proposed location (10-15 feet off Luce Line Ridge right-of-way and 15+ feet off County Road right-of-way) creates no sighting hazards or interference with stop sign use. Mayor Butler suggested reducing the area of sign by lowering it. Councilmember Adams suggested that the city establish maximum height and size standards and let the developers be as crc,tive as they want within those standards. It was moved by Councilmember Adams, seconded by Counciloamber Grabek, to approve the proposed 6'9" high sign (and no greater than 8' in height) and reduce the size to a maximum of 50 s.f. Motion, Ayes 2, Nays 1. Mayor Butler voted nay stating the sign was too high. Grace Baptist Chuch - The church wishes to replace existing sign with an 1117" x 22' sign. Staff notes that the church could have the same sign at 17' in height but that a larger sign is possibly needed because of the surrounding commercial areas. Staff confirms that the proposed sign will create no sighting problems or interference with the use of traffic signals or signs in the busy intersection. It was moved by Councilmember Grabek, seconded by Mayor Butler, that applicant comply with existing ordinance or apply for a variance for a sign over 8' in height. Motion, Ayes 3, Nays 0. NORRENRERG PARR DNVELOPMENT Staff requests Council's conceptual approval of Noerenberg Parks parking lot design and revised grading plan before a resolution is drafted. Staff recommends approval of the revised grading plan. MINUSES OF SHE REGULAR ORONO COUNCIL MEETING HELD JULY 28, 1986 NOERENSERG PARK DEVELOPMENT continued Regarding the parking lot design, staff thought they would reduce the size of the parking lot when they were required to cut the proposed number of parking spaces in half, however they merely cut out the "wing areas" in order to allow easy expansion if needed in the future. Councilmember Adams stated the the plantings proposed in the interior of the parking lot should be eliminated in order to decrease the size of the lot and appropriate plantings should be placed around the parking for screening of the lot from neighbors. It was moved by Councilmember Grabek, seconded by Councilmember Adams, to approve the revised grading plan and send the parking plan back to Hennepin County for re -design. Motion, Ayes 3, Nays 0. BIG ISLAND VATERAN'S CAMP Councilmember Grabek raised an inquiry regarding the intent of the Veteran's camp on Big Island and the Hennepin Park District. City Administrator Bernhardson stated that staff would check into it. MAYOR'S RRPORTt PLANNING COMMISSION VACANCY APPOINTMENT Mayor Butler stated that the appointment of Planning Commission member Ed Callahan to the Council leaves a vacancy on the Planning Commission. City Administrator Bernhardson submitted staff's recommendation to fill the vacancy. It was moved by Mayor Butler, seconded by Councilmember Adams, to appoint Jim Hanson to the Planning Commission for the term effective July 29, 1986 through December 31, 1987. In addition to this appointment the following classifications are adopted for each of the Planning Commission members: George Rovegno Jr. - Urban Charles Kelley - Rural Gloria McDonald - Urban J. Diann Goett.en - At Large Paul Taylor - Rural Maureen Bellows - At Large Jim Hanson - At Large Motion, Ayes 3, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 28, 1986 BIG ISLAND Mayor Butler ir.quired regarding the status of the fish houses stored cn Big Island which were to be removed by May 15, 1986. City Administrator Bernhardson stated that citations have been issued for prosecution. Staff will report back on the status of prosecution at the August 11, 1986 Council meeting. CABLE TV REPORT* It was moved by Councilmember Adams, seconded by Mayor Butler, to accept the Minutes of the June 17, 1986 Meeting and the Agenda for the July 22, 1986 Meeting. Motion, Ayes 3, Nays 0. CITY ADMINISTRATOR'S REPORT: WEST FZRNDALE/COUNTY ROAD 15 INTERSECTION City Administrator Bernhardson reported that following the Council's decision to close the western leg of West Ferndale, the City has received numerous comments indicating that closing off of the western leg would cause a significant problem for people coming out of Woodhill, particularly during rush hours and in slippery conditions. During those times, persons who desire to head east bound from Woodhill will go westbound on County Road 15, turn left into the west leg of West Ferndale and then come back out on the east leg. In light of this new information, staff recommends another option that of reducing the width of the West Ferndale Road intersection by placing guard rail posts at the west side of the radius thereby forcing a speed reduction to complete the turn. Councilmember Grabek stated that he felt more comfortable with this action rather than closing the road. Henry 6 Marilyn Kingman, 1185 West Ferndale, were present for this matter expressing concerns hoping this would solve the problems. It was moved by Councilmember Grabek, seconded by Councilmember Adams, to rescind the action of June 23, 1986 regarding closing of -,t Ferndale adn that the recommendation to narrow p the radius be the alternative implemented. Motion, Ayes 3, Hays 0. MINUTES OF THE REGULAR ORONO COUNCII MEETING MELD JULY 28, 1986 TONEA TRANSMISSION City Administrator Bernhardson reported per discussions with Craig Olson, the following opti-ns were considered: 1) stay at the existing 10 car limit with a conditional use permit and retain the pump island and use of gas tanks; 2) if additional parking slots are desired (14 slots), the pump island is to be removed with the tanks or replaced in another location. Staff recommends that the City work with Mr. Olson to get the 14 total spots in excnange for removal of the pump island and tanks. As part of the conditional use would be the guarantee that gas could be placed back on the irregardless of future zoning amendments. If this is not acceptabel to him, the City would then start tagging and towing if possible. City Attorney Blatz stated that based on research of the towing law which clearly states that only the owner of the car or Vroperty can request towing off private propert*. Zoning Admini •:trator Mabusth noted that the parking situation has been cleaned up and ;:hat Mr. Olson has come up with a policy and procedure for removal of the extra cars. It was moved by Councilmember Grabek, seconded by Councilmember Adams, to concur with the two options as outlined by staff. Motion, Ayes 3, Nays 0. PERMANENT PART TIME CLERICAL POSITION - JAMIE NORMA It was moved by Mayor Butler, seconded by Councilmember Grabek, to establish the position of Office Assistant at the rate of $6.00 per hour commencing 1 August 1986 and that the status of current temporary part-time employee Jamie Bosma be changed to permanent part time employe in that position commencing on that date with benefits retroactive to the 1st of June 1986. Motion, Ayes 3, Hays 0. ASSESSOR'S CONTRACT City Administrator Bernhardson stated tb in renewing the assessors contract, staff recommer approval of the 10% increase in contract price because of the quality of the work dune by them together with the fact that considerable personal attention is paid to people by the contractor's. They have made extensive efforts to improve their service both to the property owners and their work with the City. He also noted the increase in construction activity over the level when the contract was originally drawn. MINUTES OF THE REGULAR ORONO COUNCIL MEETING GELD JULY 28, 1986 ASSESSOR'S CONTRACT continued It was moved by :ouncilmember Grabek, seconded by Mayor Butler, to ac �t the amount of $45,204 as a contract price and th . the City Administrator be directed to enter into the appropriate contract with teh Assessors for the year 1 September 1986 to 31 August 1987. Motion, Ayes 3, Nays 0. Councilmember Adams indicated that the assessors should work on more preparedness at the the Board of Review meetings. 1987 BUDGET PROCESS It was moved by Mayor Butler, seconded by Councilmember Adams, to set Wednesday, September 17, 1986 at 6:00 P.M. as the initial budget meeting for the 1987 budget. Motion, Ayes 3, Nays 0. 1995 AUDIT REPORT - FEDERAL FUNDS* It was moved by Councilmember Adams, seconded by Mayor Butler, to accept the Auditor's report for federal funds compliance totion, Ayes 3, Nays 0. RIGNNAY 17 CORRIDOR STUDY* It was moved by Councilmember Adams, seconded by Mayor Butler, to accept the date of September 3, 1986 as the next meeting date for the planning study and that the City Administrator be directed to negotiate appropriate contract revision for the Highway 12 Study with Mr. Shardlow. Motion, Ayes 3, Nays 0. RLECTM OFFICIALS SALARY It wa.. moved by Mayor Butler, seconde by Councilmember Adams, to accept an increase from $3,300 to $3,600 for the Mayor's salary and that the Councilmember's salary be increased from $2,640 to $2,900 for 1987-88. Motion, Ayes 1, Nays 1. Councilmember Grabek votad nay. PETITION - SEATING RINK RRQOEST- It was moved by Councilmember Adams, seconded by Mayor Butler, .jr Council to refer the petition for a skating rink in Hackberry Park to the Park Commission recommendation. Motion, Ayes 3, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Adams, seconded by Mayor Butler, to accept City Administrator Bernhardson's information report regarding Ed Lehman, 2695 Casco Point Road, Countryside Homeowners, Deering Island, Liquor Store End of Quarter Results, LELS/Grievance -bitration, Crystal Bay Sewer Appeals, and County Road 19 - Speed Reduction Request. Motion, Ayes 3, Nays 0. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 28. 1986 CITY ATTORNEY'S REPORT: City Attorney Blatz reported that the appeals hearings on the Crystal Bay sewer have been completed and a post Hearing memorandum will be submitted by the attorneys and Council will recieve a status report from City Attorney Tom Barrett. LIC=SRS* RILLS* It was moved by Councilmember Adams, seconded by Mayor Butler, to approve the following licenses: Residential Kennel License - Shannon N. Brogan 2240 W. Wayzata Blvd. Solicitors License - Fabian S-afood 15500 h eata Blvd. Dow -Sat of Minnesota/ D.R.P. Marketing 9729 Utica Road, Bloomington Motion, Ayes 3, Nays 0. It was moved by Councilmember Adams, seconded by Mayor Butler, to approve payment of the All Funds Accounts and Liquor Store Accounts. Motion, Ayes 3, Nays 0. ADJOORRM01' 8:54 P.M. It was moved by Mayor Butler, seconded by Councilmember Adams, to adjourn the regular Council meeting at 8:54 P.M. Motion, Ayes 3, Nays 0. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor 8186.3 T COtE? P . A = TINE AUG 111986 TO: Mayor and City Council �Xry OF PRIND FROM: Mark Bernhardson, City Administrator DATE: August 1, 1986 SUBJECT: LMCD Report - A. 1986 Budget B. Dock Size/Boat Slip Size Orono's LMCD representative JoEllen Burr was not able to attend. the July 28, 1986 Council meeting because of ill health. Attached is a memo from last time with the items that you may want to have her address at the August 11, 1986 Council meeting. cc: JoEllen Burr 72486.2 TO: Mayor and City Council FROM: Mark Bernhardson, City Administratk, DATE: July 24, 1986 SUBJECT: LMCD Report A. 1987 Budget B. Dock Size/Boat Slip Size Following are the items that will be addressed by the LMCD' representative at our July 28, 1986 meeting. 1987 Baud e�t - The question was raised at the July 14, 1986 Council meeting regarding personnel services increases in the budget over the last few years. The Increase noted approximately two years ago were for part time assistant and reflect increases for that person in subsequent years. Dock Size/Boat�Sli Size - As mentioned there has been ananongaing policy discussion among the LMCD Board regarding whether the regulation should be strictly by listing the number of slips with no slip or dock size, setting a specific dock size regardless of boats or define the slip size and regulating dock size that way. The City's LMCD representative will be available to discuss this at the July 28, 1986 meeting. PROPOSED MOTION - Moved by _ , seconded Iy _ to accept information regarding 1987 LMCD budget and ..�dicate the City's acceptance and approval of that budget together with accepting the information and giving input to the LMCD's representative regarding regulation of dock size/dock slip size. Ayes _, Nays cc: JoEllen Hurr, LMCD representative {%b�ic COmmen�j August 11, 19®6 An Open Letter to Mayor Butler of Orono 11Ub 111936 Dear Mayor Butler: CPY OF pyma Ir is out of frustration that we write this letter to you and other city officials; frustration and a hope that some action will finally be taken regarding the structure located at 3536 Lyric Avenue in Navarre, Orono. This property is in a state which has been, and should again be, condemned by city officials. Despite several phonecalls to various city employees and yourself, Mayor Butler, we've gotten nothing but talk in response to our pleas for action. Before buying our home in 1983, our realtor (on our insistence) called Orono city officials to inquire about the plans for the abandoned -looking house directly across the street from the house we wanted to buy. She was told that the home had been condemned but was recently sold with the .erstanding that the owner had two years (until Spring, 1985) to make necessary repairs to bring the house up to suitable standards. With this knowledge, we signed the papers and waited for the improvements on the house. Since that time, 3536 Lyric Avenue has deteriorated even further. In July, 1984, we called Mayor Butler and Jeanne Masbusth (of the Zoning Department) with our frustrations. Both said that the homeowner had until the following Spring, 1985, to make the necessary corrections, and that you both knew that the building was lacking a foundation and several other city code specified requirements. At that the time, the homeowner was operating a non -licensed car repair business at his residentially zoned home. In investigation of this, Ms. Masbusth found several vehicles in the backyard which were reported abandoned or stolen, according to police records. She wrote the homeowner a letter asking that he appear at a City Council meeting to explain why he had possession of these vehicles. Page Two Mayor Butler August 11, 1986 At the homeowner's request, the meeting was rescheduled. To our knowledge, the homeowner did not show up at the meeting and we never heard about the city pursuing this matter. In the summer of 1985, we again resumed our calls to city officials and were again referred to you, Mayor Butler. In the process of complaining, we spoke with Dave Wilde of the Assessor's office, who told us that our property value fell in part due to the condition of the house across the street. Several times we asked you to drive by to look at the house; you always had a reason why you couldn't. We asked you to take legal action as the two years had now passed, and the site should have been upgraded by this time. Meanwhile, the house got worse. In our final conversation, you said, Mayor Butler, that you were resigning due to medical problems (a bad back is what you told us), and that you would not deal with this issue. We incorrectly assumed that you meant that you were resigning immediately, and so, tired of fighting city hall, we again sat back and watched as you did nothing. This past July, we spoke with Orono Building Inspector Tom Jacobs. He said that he was "too busy with new construction to deal with this issue", even though he was very familiar with it. In fact, he stated that criminal charges had been filed and subsequently dropped against the homeowner as violation of city codes is a criminal offense. City officials had decided to drop the criminal charges with the intent to pursue condem- nation proceedings. Mr. Jacobs was unable to give an exact date when this would happen but he said that he "would.try to get to it in July or by August". Page Three Mayor Butler August 11, 1986 Today Jeanne Masbusth said that plans are in the works to condemn the property. She was sympathetic yet unable to give specific information as this falls under the duties of the Building Inspector. Again, we can see nothing has improved across the street. We've spoken with city officials in the Zoning Department, Building Inspector's and Assessor's offices and you, too, Mayor Butler -- in fact, you more than anybody else. All of you are aware of the flagrant violations of city codes and standards -- which are punishable as criminal offenses. By refusing to take action, we feel that the city of Orono is party to this individual's behavior, and we find this to be unacceptable government. By presenting this letter in person at the Orono City Council meeting of August 11, we are now certain that our city council representatives and officials know about this situation. We can no longer tolerate a lack of action and we demand that condemnation proceedings be started immediately for the property located at 3536 Lyric Avenue. Dali Wiederhoft Terry Wiederhoft Orono Resident Orono Resident G9UMI C":'FETING s 1:UG 111966 To: Mayor Butler Mark E. Bernhardson, City Administrator (Tv OF rns0m Orono Council Members Froos Jeanne A. Mabusth, Zoning Administrator Date: August 6, 1986 Subject: t841 Craig winters, 888 Plentywood Road a) Approval of Road Name; b) Final Subdivision/PRD - Resolution List of Exhibits Exhibit A - MCWD Permit Exhibit B - DNR Permit Exhibit C - Letter From Applicant's Attorney 6/28/85 Exhibit D - Letter From Applicant's Attorney 5/5/86 Exhibit E - Letter From Applicant's Attorney 8/1/86 Exhibit F - Huntington Farm Plat a) The applicant has asked that the road name reflect the plat name - Huntington Farm Road. Staff notes Huntington Point East and West roads in Minnetonka Beach and Huntington Drive in Minnetonka. The Chief advises that the use of Huntington or Farm in a road name will create problems for emergency vehicles in locating properties and possible problems for postal deliveries. The applicant still asks that you consider the original request because of its relationship to plat name. Applicant would suggest that there are several recently named private roads in the area that would pose similar problems. Applicant will prepare other road name choices for Council's review at the August llth meeting. Applicant will install his own road signs subject to the guidelines and standards of the Public Works Department. A stop sign will be required by the City. Applicant must submit payment of $75.00 for the stop sign. b) The Huntington Farm Plat (formerly referred to as the Plentywood Plat) was originally granted preliminary approval on August 27, 1984. Through no fault of applicant, the review of the preliminary plat by the DNR and MCWD was delayed for over a year. The main concern for the DNR was the issue of wheither the private drive (Outlot C) intersected one wetland area or divided two separate wetlands. The MCWD was involved in the Painters Creek project, reference to in letter from applicant's attorney of 6/28/85. The project did indeed have major effects on the designated wetlands within the plat. The retention areas are one third the size when compared to original retention lands. Both agencies have approved permits for the plat and road plans (Review Exhibits A and B). Zoning File 4841 August 6, 1986 Page 2 of 2 Applicant has asked that one change be made on the final plat. Applicant plans t sell the entire property to Dick Hassel who will reside in the former Winter's residence on Pad 4. The future owner has asked that the barn and coral area be separated from commons area. Hassel wishes to retain the option to either use the barn for the need of his own family or offer for use to the Homeowners Association. Hassel has even noted that he may wish to remove the barn. In any case, Winter's attorney has been advised that the City will required that a special lot combination be executed to assure controls on use of outlot and the commown ownership link between Pad 4 and Outlot D. Note the resolution approving the final plat also specified the need for the special controls on use of Outlot D. Staff sees no problem with applicant's request because Outlot D will still be set aside as an unbuildable property to be credited against dry area needs of PRD. Staff has drafted the enclosed resolution for your review and action. A RESOLUTION APPROVING THE PLAT OF HUNTINGTON FARM FILE NO. 841 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the dual application for a subdivision for a plat and conditional use permit for a 9 unit Planned Residential Development by Craig G. Winters and Janette C. Winters the subdividers; and WHEREAS, on August 27, 1894, the City Council granted approval of a preliminary plat of the 9 unit Planned Residential Development that designated the building and septic envelopes for each of the pads (hereinafter referred to as Development Guide Plan"). Each septic envelope maintains a minimum 20 foot setback from each building envelope and the boundary lines of each pad. The building envelope of each pa,i shall maintain approved building setbacks as follows: Pads 1-4, 8 and 9 - front/rear 501, side 30' Pads 5 and 6 - front 30', rear 50', side 30' Pad 7 - front/rear 50', right/west side 30' left/east side 52' Pads 2, 7 and 8 - princl al structures must be located 100 feet from existing animal barn in Outlot D WHEREAS, the subdivision for a Planned Residential Development has been found to meet all standards of the Planned Residential Development Code, On -Site Septic Code and all other pertinent sections of the zoning and Subdivision Codes that deal with the rural development of property within the City, so that each pad car, be developed as a single family residential unit without the need of variances; and WHEREAS, the subdividers have completed all requirements of the platting regulations of the City, including: 1. Dedication on the plat of drainage and utility easements. Page 1 of 3 2. Creation of a new private road shown on the plat as Outlot B, to be known henceforth as Huntington Farm Road. 3. Concurrent with the creation of this private road, the Subdividers have dedicated to the City a Road and Utilities Easement granting to the City permanent access, improvement and utility easements over said Outlot; the Subdividers have created non-exclusive ingress, egress, drainage and utility easements over said Outlot in favor of all abutting and/or benefiting lots including a declaration of certain maintenance covenants wherein each of the abutting and/or benefiting lot owners covenants and agrees to permanently maintain and pay the cost of maintenance for said private road. 4. Dedication to the City of a Flowage and Conservatir Easement providing for limitations on the use of wetlan, and/or drainageways described therein and shown on the plat as "drainage easements". 5. Dedication to the City of an open space easement over Outlot A to fulfill the density requirement for nine residential units in the RR-lA Rural Residential Zoning District requiring 5 acres of dry land per unit. 6. Execution of a Special Lot Combination to define common ownership relationship between Outlot D, Block 1, Huntington Farm and the residential pad, Lot 1, Block 41 Huntington Farm. The Special Lot Combination shall also establish controls on the use and building limitations for Outlot D. Outlot D with existing barn and coral shall serve as accessory to Lot 1, Block 4. Outlot D shall not be considered as an independent residential pad/unit and must be set aside for density credit for nine unit PRD in RR-lA Zone. 7. Creation of private covenants restricting use of shared commons area within Outlot A. 8. Execution of a Subdivider's Agreement providing for installation of the following road improvements within Outlots B and C as a condition of subdivision approval: a) 8 inch base of Class 5 gravel; b) 3 inch bituminous surfacing; c) ditches 2 feet b.,low centerline crown (applicable to roadway within OUtrOt B). 9. Payment to the City of a Park Dedication Fee in the amount of $800.00. Page 2 of 3 10. Payment to the City for the legal review and filing of the plat easements and covenants in the amount of $150.00. BON, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Huntington Farm, Hennepin County, Minnesota; subject to the following conditions: 1. Access to all residential pads shall be via the plat road. Building permits for new construction shall not be issued by the City until the required base work has been installed and approved by the City. 2. Subdividers must stake all drainfield envelopes prior to any land alterations. 3. Culverts shall be installed within Outlot C, the shared driveway, per engineering plans by Coffin 6 Gronberg dated 7/28/86. The Minnehaha Creek Watershed District must inspect culverts at time of installation. 4. Subdividers are placed on notice that alteration of a designated wetland will require a separate conditional use permit review and that all improvements involving hardcover within commons area must maintain 26 feet setback from edge of designated wetlands. 5. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's office on or before February 11, 1987 together with a certified original copy of this Resolution and executed copies of the documents as noted above. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Dated this llth day of August, 1986. ATTESTr City Clerk Mayor Page 3 of 3 aoe�l MINNEHAHA CREEK -vie% WATERSHED DISTRICT P.O. Box 387, Wayzata, Minnesota 55391 KW* MANAAM parq N. CNTlae. Res. • AINH L. Lehman . John E Teemas MmNw R Ca".H .CamiN a. Amtre . James a. MCMwey .James R Spenfley Permit Application No: 85-146 Date: October 21, 1985 Owner: Craig " nters 888 Plc:.tywood Long Lake, MN 55356 Location: City of Orono, Sec. 3008• South Katrina Marsh - DNR Wetlands 916W, 917W, 918W Purpose: Road improvements including the placement of culverts to provide access to two future home sites. Dear Mr. Winters: At the regularly scheduled October 17, 1985 meeting of the Board of Managers, the subject perit application was reviewed along wit. '.he following exhibits: 1. Permit Application 85-146 received September 9. 1985. 2. Letter from City of Orono dated February 27, 1984 requesting comments on the Plentywood Farm proposal. 3. Letter from District to City dated March 5, 1984 commenting on the .preliminary plat submitted by City. 4. Letter from City dated July 9, 1984 requesting comments on a revised plan for Plentywood Farm. 5. Letter from District to Cita dated July 18, 1984 stating that revised plan for Plentywood farm is sistent with earlier comments and concerns. 6. Request for comments from the UNR received August 29, 1985 and accompanying site map. 7. Copy of UNR Permit Application 86-6051 and accompanying exhibits dated July 24. 1985. 8. Three sheets of the plat of Plentywood Farm undated, prepared by Coffin and Gronberg, Inc. 9. One sheet of the plat of Plentywood Farm undated, prepared by Coffin and Gronberg. Inc. submitted by applicant's attorney showinq approximate location of the proposed culverts. 10. Letter from District dated September 23, 1985. 11. Copy of USGS quadrangle map showing the site. 12. Two pages of culvert design sheets, dated October d, 1985. 13. Road profile and plan dated July 12, 1985 prepared by Ernst Assoc. 14. Plat map undated, prepared by Coffin 8 Gronberg, Inc. 15. Grading and drainage plan dated June 21, 1984 prepared by Ernst Assoc. Permit Application 85-146 (continued) The Board approved the permit applicani— with the condition that the invert elevations of the 24-inch culverts are subject to staff review and approval. The applicant should note that this review does not include approval to dredge the wildlife pond. This document is your permit from the Minnehaha Creek Watershed District. It is valid for one (1) year, if r, truction is not complete within one (1) year, an extension is required Please contact the District at 473-4224 when this project is about to commence so an inspector may view the work in progress. EUGENE A. HICKOK AND ASSOCIATES Engineer for the Dis tric? ichael A. Panzer, P.E. , Date o7 Issue bt cc: Board G. Macomber Karen Sanger, Wendy Weil, P.A. Mark Gronberg J. Boudreau, ONR NR-02733-01 PROTECTED WATERS P.A. Humber NINESOTA [Igartmnt of .y NaWral Nesnnces 86-6051 Div.01 Wen PERMIT Pursuant to Minnesota Statutes, Chapter 105, and on the basis of statements and information contained in the permit application, letters, maps and plans submitted by the applicant and others supporting data, all of which are made a part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant named below to change the course, eel. er eras. eeN ten of eh. falls. Protected Water County - Henna in Name of Applicant Telephone Number (include Are. Cade) Craig G. Winters (612) 473-3690 Address (So, C Street, RFD, Be. No., City, State, Zip Code) 888 Pientywood, Long lake, M. 55356 Authorized to: Install 3 - 21• CNP's as indicated in application and plane received August 9, 1985 as well as the culvert design sheets and road profile received February 5, 1986. ' n_ Purpose of Permit: Expiration Date of Permit Drainage and water level control November 30, 1986 Property Described as: County SEb, SECTION 30 TOWNSHIP 118 N., RANGE 23 WEST Hennepin As Indicated: (8) . - As Indicated: (11) AM18 I, The ordinary high Water level Thid permit is'granted subject to the following GENERAL and SPECIAL PROVISIONS: GENERAL PROVISIONS 1. This permit is permissive only and shall not release the permittee from any liability or obligation imposed by Minnesota Statutes, Federal Law or local ordinances relating thereto and shall remain in force subject to all conditions and limitations %v car hereafter imposed by law. 2. This permit is not assignable except with the written consent of the Commissioner of Natural Resources. 3. The Regional Hydrologist shall be notified at least five days in advance of the commencement of the York authorized hereunder and shall be notified of its completion within five days the•eafter. The notice of permit issued by the Commissioner shall be kept securely posted in a conspicuous place at the site of operations. A. No change shall be made, without written permission previously obtained fro. the Commissioner of Natural Resources• in the dimensions, capacity or location of any items of work authorized hereunder. S. The permitte, shall grant access to the site at all reasonable tins during and after aonstructien to authorized representatives of the Commissioner of Natural Resources for inspection of the work authorized hereunder.':-1i 6. This Permit way be terminated by the Commissioner of Natural Resources at any time he date, it necessary for the conservation of water resources of the state, or in the interest of public health and welfare, or for violation of any of the provisions of this permit, unless otherwise provided in the Special Provisions. 7. Construction York authorized under this permit shall be completed an or before date specified above. Upon written request to the Commissioner by the Pereittee, stating the reason therefore, an extension of time may be obtained. B. The excavation of sail authorized herein shall not be construed to include the removal of organic matter (as indicated above) unlesa the area from which such organic matter is removed, is impervious, o- is sealed by the application of bentenits after excavation. 9. In all cases where the doing by the permittee of anything authorized by this permit shall innlve the taking, using, or dmginq of ny property rights or interests of any other person or parsons, or of any publicly owned -_lands'. or* anti thereon ar interests therein, the pereittee, before proceeding therewith• shall obtain Lyra written cannt of .I1 parson., agencies, or authorities concerned• and shall acquire all property, right, and Interest, nnes,ary therefore. 10. This permit is permissive only. No liability shall be imposed upon or incurred by the State of Minnesota or any of its officers, agents or employees. officially or personally, an account of the granting hereof or on account 'of any damage to any person or property resulting from any act or omission of the permittee or any of its agents, employees, or contractors relating to any matter hereunder. This permit shall not be construed as estopping or limiting any legal claims or right of action of any person other than the state against the persittee, its agents, employees, or contractors, for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the state against the permittee, its agents, employees, or contractors for violation of or failure to comply with the permit or applicable provisions of law. 11. No material excavated by authority of this permit nor material from any other source, except as specified herein, shall be placed on any portion of the bed of said waters which lies below (as indicated above). 12. Any extension of the surface of said waters resulting from work authorized by this permit shall become protected waters and left open and unobstructed for use by the public. 13. This permit does not obviate any requirement for federal assent from the U.S. Corps of Engineers, 1135 U.S. Post Office and Custom House, St. Paul, Minnesota 55101. SPECIAL PROVISIONS 16. The permittee shall comply with ell rules, regulations, requirements or standards of the Minnesota Pollution Control Agency and other applicable federal, state or local agencies. 15. Parmittee shall ensure that.. the contractor has received and thoroughly understands a3, conditions of this permit. 26. Erosion control measures shall be adequately designed for the -site characteristics. They may include staked haybales, diversion channels, sediment ponds, or sediment fences. They shall be installed prior to commencement and maintaining throughout -- project.-"' All exposed soil shall- be restored (by seeding and mulching or sodding and, staking) within 72 hours of completion of project. 17. The final grading and erosion Control plans shall be submitted for review and approved by the Regional Hydrologist prior to commencenwant of construction. cc: USCOE MINNEHAHA CREEK WED HENNEPIN CO. SWCD CITY OF ORONOV WETLAND FILES .IIM KONRAD, C.O. ST. PAUL WATERS Authorized Signn aw Title Data Kent Lokkesmoe� Regional Hvdroloaiat WENDY E. WEIL KARENSANGER LEGAL ASSISTANT NANCY A. WETTER Jeanne Mabusth Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, Minnesota WENDY E. WEIL, P.A. 1AVENUEEAST DELANO, O, MA1ININNESOTA 56328-0296 55323 RE: Plentywood Farms Preliminary Plat Dear Ms. Mabusth: June 28, 1985 r CITY OF Gi;JNO (613) 9723316 (613) 47W3316 This office represents Plentywood Farms and Craig Winters in the above - referenced matter. By this letter, we request that there be an extension of the preliminary plat approval granted by the City of Orono. Our request for extension is based upon the following facts: 1. During the past winter, the upper watershed improvement project of the Minnehaha Creek Watershed District was completed across Mr. Winters' land. The excavation done by the project was completed across an area for which the watershed district had no prior approval. As a result, the wetlands located on Mr. Winters' property have been adversely affected and the value of his property has been substantially diminished. We are currently seeking resolution of this matter with the Minnehaha Creek Watershed District. 2. As a result of the actions of the Minnehaha Creek Watershed District prior wetlands no longer exist. 3. Prior to the current situation, the City of Orono had requested that a culvert be placed under the road and proposed private driveway which will reach a portion of the proposed development. At the present time, it is difficult to determine whether a culvert would be needed or, if needed, the size of the culvert. We are conferring with the Minnesota Department of Natural Resources regarding this matter. Based on the above -referenced facts, we request that the preliminary plat approval granted to Mr. Winters be extended. Thank you very much for your cooperation and assistance in this matter. Very truly yours, WENDY E. WELL, P.A. uio w ( fur Karen Banger KS:ljv 1A MAW E. WUL EA. $5 u c. Mcpw 9rt a Rn11cu� 1[c.W A WENt. !M cr A NtTrtx 1Mry luu WR Ms. Jean Masbuth City of Orono Zoning Administrator P.O. Box 66 Crystal Bay, MN 55323 Re: Plentywood Farms Deer Ms. Masbuth: WEIL & SANGER, LTD. Al'IORNM AT UW 120 GRIME AVENUE FAST DELANO, MINNESOTA 55328 May 5, 1966 �) Lt 1)ii1j 16121912-3116 Mnro Please be informed that the Department of Natural Resources has approved the permit for Plentywood Farms. However, at this time, we again request a two month extension to present this matter to the City of Orono. Our request is based on a problem in locating the abstract for the property. As soon as that is available and a title opinion can be prepared, we will forward ell documents to you. Thank you very much for your consideration in this matter. Very truly yours, WEB. & SANGER LTD, Karen Sanger KS: djs WEILbSANGER, LTD. L J�4 � A"ORNErs AT uw I10 MMEAVENUEEAST MNM E Nin DEUNO. MINNESOTA 55326 i l-z� I6 I21 W3d316 NM[x X cn M[rro 46121 IM3316 ILGLL b51[T.WR NSpcAvtm[ August I, 1986 AWv wu Wrs City of Orono P.O. Box 666 Crystal Bay, MN 55323 ATTN: Jean Mabusth Re: Plentywood Farm Dear Ms. Mabusth: Enclosed please find the documents requested in your Zoning File No. 841, Notice of Council Action, dated August 29, 1984. The delay in submitting this request for final approval of the subdivision notice results from the more than one year wait encountered after requesting the Minnesota Dept. of Natural Resources permit. Although the permit was applied for in a timely manner, the Dept. of Natural Resources dela>•,1 in reviewing the property and issuing the permit. In addition, we request that the private road (Outlots B & C) in Huntington Farm be known as Huntington Farm Road. It is my understanding that this is not a part of the request for approval of the plat, but is a separate proceeding. We wish to have a sign other than the usual Orono street sign. Please notify us regarding the appropriate department for approval of that sign. Two versions of the Declarations of Covenants, etc., have been submitted. They are identical except for the names of Declarants. The fee owners at the time of recording will sign Declarations, etc. Please ratify our office if any additional documents are needed. Very truly yours, WEIL & SAN , LTD. Karen Sanger KS=djs Enclosures i �J BLOCK 3 KB E SH c \ R 1 \ LOT '.�i ... C wo \(•em s aJTLOI,. A r ..Aes. 9 -SEE DETAIL q C ON SHEET 3 OF 3 SHE OUTLOT q - TA pp y., g LOT 1 m c b BLOCK S y\ I LOT 1 y N1N F `�8 xae•maeE BLOCK? yvF OUTLOT I � i O: 8 • I y I �' i _OUT � + aj" q N cT BLOCK B { Cgg i I l9 BLOCK 3 x[vensY tsm •8 1 ...... s s' LOT 1 BLOCK LOT r i A a' /s Ir MR P4 Ca .. _ 1 C _ _ _ _ _ _ _ �. nna a I vaMgYE poa BLOCK 9 e _ xatl,R'E r BLOCK LOT I i_ I `. I l v v Lnwa i Lm 1 vyL e r .tn•r — Cil TO: Mayor Hurler "(�.�'�•°� ',"---''.IP�4� Mark Bernhardson, City Administrator Orono Council Members /��G 1117. v FROM: Jeanne A. Mabusth, Zoning Administrator .., �.;... �,.. DATE: August 8, 1986 " SUBS: #1026 M. Hilbeilink/J. Vogt/Mrs. H. Peterman, 160 Old Crystal Bay Road - Preliminary Subdivision ISSUE Resolve of Future Access List of Exhibits A - Engineer's preliminary report B - Engineer's sketch C - Aerial view locating trees and other amenities (designaitions were confiermed by field inspectors made of the entire area) As requested at your last meeting, theCity Engineer has prepared a preliminary report reviewing the two designated access points on Watertown. Field Crews will shoot the elevations of both access sites prior to your meeting to confirm that each would satisfy sighting distance for a 40 MPH road. Based on site inspections of the area, Cook prefers the western access (access I) because sighting `ear between Willow and Old Crystal Bay intersections at this point. John Shardlow, the city's consultant planner, is preparing alternative plans for total development of the surrounding area based on USGS contour maps and soils maps of the subject area. The planner will attempt to compare the propo. ed through road layouts to assure that maximum property access is feasible with designated roadways and to mininize private driveway curb cuts. Shardlow's report and layouts will be available at your meeting. Kathleen Blatz has called attention to the creation of the flag lot (lot 2). The city must address not only the need for a variance to standard that all lots must abutt a public street but that lot cannot satisfy lot standard for required width. Lot 2 is not 200 feet wide at the rear of the required front yard (50 feet from right of way of Old Crystal Bay Rd). Staff has advised Blatz that in the early eighties, mortgage companies were refusing land owners because \pxoperty did not have direct access to a public road. In response, the c4ty developed the platted corridor approach. It is true this technique has been used in single lot splits, lot line rearrangments or as in the Trapp plat on West Branch Road to assure a future private road corridor to serve the larger lot to south. It has never been used to serve as access for one lot in 3 + lot subdivisions where alternate access is also available. Council is very consistent in requiring all access via a shared road with no direct access for any lot onto a public road. The creation of lot 2 in this plat would appear to be a convenience for applicant. If approved Council must f '.nd unique findings to differ from policy of limiting curb cuts with subdivisions of 3 + lots. P Anderlik & Associates, Inc. 2335 W. Trunk Highway 36 SG Paul, MN 55113 612.6364600 August 7, 1986 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Jeanne Mabusth Re: Hilbilink/J. Vogt File No. 139-1026 Dear Jeanne: Engineers & Architects M�G. bYeme. YE. W. frry, Y.E /orYC AYnI.,. M E. 1.4bLA YL. . E_.1 . f /nE. Om.,'r . , f [mI A.GM.YI. RwYYW. hT.IE. uY..LL. Y.I[ mr C LYYre, IE. IE. ao,l f rMs FWt P.,Yw.Vl1 IL I.!'. no. W. [ I[. ewt EIwW,x Yw.aA4Yl LYm L. war r.L. L. CwriV Awi.a.If. L.vIA Vtit if Ab1 F. 44 RL. ..YrrrC F.wY. 1CIA E 1LsrL A�.I.L C. C F,.. ww L,e u. hnW, MYYY a s.a v n,Y. We have reviewed proposed access points for a future street off Watertown Road. Two locations between Old Crystal Bay Road and Willow Drive were selected. The future street should be located to provide maximum property access with a minimum of number of private driveway access points. The north -south street should be connected to a westerly extension of Wood- haven Drive as additional property is developed. Field observations of the proposed access points indicate that access point 1 as shown on the attached plan is the belt location. 'he sight distance is clear between Willow Drive and Old Crystn.i Bay Road for access point 1. Access point 2 may meet the minimw sLl;ht distance requirements for the design speed limit. We will be completing tirld work prior to the Council Meeting to review the adequacy of access point '.. If you have any questions please contact this office. Yours very truly, BONESTR00, ROSENE, ANOERLIK A ASSOCIATES, INC. Glenn R. Cook CRC/aes 6992d 30 Year Anniversary v. .. r �e v•VVft I•Il vy Id•6.V uN• V la 31 t'W tr' n• 42 art o ® N 41 ' b.u•n is . gp RULE ''• 1+e• n• p� V) �p0j1. S '"� la M • a La I - • ny . ' 04, pl r .•.0 t'v I • M l Get • .a a• T ^ `34� xe1c0,Rz; �, 44 Uli lto To: Orono Councii Members kuG 1 119co From: Michael P. Gaffron, 'sY! Assistant Planning 6 Zoning Admini etrator Date: August 5, 1986 Subject: #1042 Thomas Maxwell, 3685-3725 Watertown Road - Conditional Use Permit/Variance - Resolution List of Exhibits Exhibit A - Staff Memo and Exhibits f 7/16/86 Exhibit B - Planning Commission Minutes of 7/21/86, 6/16/86 Exhibit C - Notice to Applicant of 7/24/86 Exhibit D - Proposed Resolution This is a request to combine 2 parcels of property totaling just under 10 acres in the 5 acre zone, into one property with the second existing residence to become a guest house. The combination will allow the repair or replacement of an existing horse barn which now straddles the dividing line between the two lots. Please review the memo and exhibits of 7/16/86. The Planning Commission reviewed this request at their June meeting and suggested to ti.e applicant that, rather than requesting a "setback variance" for the barn (which was found to be over the line only after the survey arrived just prior to the June meeting), that the properties be combined. Staff feels that the Conditional Use Permit/Guest House/Lot Combination scenario makes more sense than a barn setback variance because: 1. The barn is already over the line, "zero -setback" situation, hence, a setback variance could not be granted realistically. Replacement of the barn would have to be in a new location which would be limited by the existing septic system east and southeast of the barn. 2. The applicant could not have 6 horses on either of the properties unless they were combined, and his request is for a 6-stall barn. Planning Cow- ission, at their July meeting, voted 3-3 on a motion to appr.. : the Guest House Conditional Use Permit application. The dissenters felt uncomfortable in creating a situation that would potentially create the need for future variances if the land was ever di lded again. ^taff feels that the applicant is fully aware of the potential future consequences, i.e. that a future re -subdivision might be turned down, and applicant has no problem agreeing to the conditions set forth ii the attached resolution, which staff recommends be adopted. TO: Mayor Butler Mark Bernhardson, City Administrator Orono Council Members Planning Commission Members FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: July 16, 1986 SOBJt 41042 Thomas Maxwell, 3685-3725 Watertown Road Conditional Use Permit - Public Hearing Zoning District - RR -IA, 5-acre Rural F:sidential Application - Request for conditional use permit for guest house use of second existing residence, in conjunction with combination of 2 parcels of + 5 acres each into a single parcel. Exhibits - A - Application B - Plat Map C - Property Owners list D - Survey E - Letter from Arlie Thorpe F - Staff memo of 6/12/86 Existing Situation - Please see survey, exhibit D Property A (Maxwell) is 4.58 acres including roadways, 4.39 acres excluding roadways. Property B (Thorpe) is 5.63 acres including roadways, 5.43 acres excluding roadways. Both properties contain existing houses. The house on property A does not meet fr_,t yard or west side yard setback requirements. The house of property B does not meet the front yard setback requirement. There is an existing barn/shed straddling the two properties, which is used by property A. Maxwell and Thorpe are relatives. Original Intent - Maxwell wishes to reconstruct and or enlarge the existing barn to be suitable for housing 6 horses. Code Requirements - 1. Horse barn must be 150' from neighboring properties. Currently there is no setback with the existing barn. 2. Allowed number of horses on Parcel A is 2 (3 acres for let horse, 1 acre for each additional horse). 3. Allowed number of horses on Parcel B is 3. 4. Allowed number of horses if A and B are combined into a single 9.82 acre lot (excluding roadway) is 7 horses. 5. M.nimum lot area per residential building - 5.0 acres. Zoning File #1042 July 16, 1986 Page 2 of 3 Section 10.20 Subd. 3(G) regarding guest houses: Subd. 3. Conditional Uses. within any "R-IA" One Family Residential District, no structure or land shall be used for the following uses except by conditional use permit: G. Guest Houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non- paying guests. All regular lot requirements shall be met by the guest house. Discussion - Maxwell notes that Mrs. Thorpe will deed property B to Maxwell in exchange for a life estate. Maxwell will then combine A and B into one lot containing 9.82 acres not including road right-of- way. This will allow construction of a barn meeting the 150' setback from all property lines, and allow 7 horses maximum. The conditional use permit is for quest house use of the Thorpe residence which becomes the second dwelling unit on a single property. Note that per Section 10.20 Subd. 3(G), a guest house must meet the lot area requirements, in this case 5 acres area, 300' width, 100' front yard, 50' side yard, 100' rear yard. The intent of this section is that new guest houses cannot be created where, if they were subdivided off from the principal residence, it would require one or both lots to be substandard. In this case, the second house exis�s on a separate lot now, but is currently substandard ' nm.: respects. If the new barn is constructed, a future s, .sion to again separate the two houses could not likely .,....one without variances to lot area, width, and setbacks. Also note that a guest house use does not allow rental of the guest house. In effect, if you allow the combination - barn construction - guest house scenario, which seems to be a logical route, the applicant must realize that the Thorpe residence may never be rented out (unless the City would grant a future variance - "hat would be setting a precedent). This would be spelled out n the conditional use permit resolution. Staff Recoaeendation - .iven the facts as described a'ove, staff would recommend approval of the guest house conditional use permit with the following conditions: 1. Parcels A and B shall be combined into one single tax parcel. Zoning File #1042 July 16, 1986 Page 3 of 3 2. The residence at 3725 Watertown is considered as a guest house, may not be rented, and is for the sole use of the occupants of the principal residence at 3685 Watertown and their domestic employees or non-paying guests, including Arlie Thorpe as a life -estate tenant. 3. Applicant is placed on notice that a future re - subdivision into two separate building sites might not be approved by a future City Council because a number of variances would be required under current zoning code lot standards. 1r uca!t:.70 3uen/rr'Vt1 -- A -7-2' S�- C'!'.' CITY OF ORONO GENERAL LAND USE APPLICATION , ___PERT-"-----"_______________�-� __ _ PEEP -----PEEP PROPERTY LOCATION Site Address iSA,S s„_ Warc rrnwn goad ��p - Property Identification Number II'' ,AAV Please check one - Is the property _ X abstr UtAaa eorre s7 (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. ___________________________________________________________________________ APPLICANT Name rk-- .i. Mavwen Phone 47I-4909 Mailing Address 1685 So. Watertown, Road, Maple Plain, Mn. SSIS9 ___________________________________________________________________________ OWNER Name camp Phone Mailing Address Date Property Acquired 1968 (month/year) II fa�urfdo �nf�t lh a�s10 own Pt�iee adjacent parcels of land. --------------------------------------------------------------------------- PEES - CONDITIONAL USE PERMI^aS �,$100.00 a) Residential accessory Use - l ar Y FFov=� $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration Grading and filling - 101 cu. yd, or more Seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS $150.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision I plan on using the existing house OT4APP.,I�(51 on Arlie Thorpe's property for a guest p ishouse for the family. her - see fee schedule ------------- _____------------------------------------------ RTY PR8'.�awsen�,&ZoningEDistrict L& / N O Present Use of Property Residential Other (specify) ___________________________________________________________________________ DESCRIPTION OF REQUEST Describe request in detail: 6 a��., s„r�«. �RGn. us Cer�eu�n+tr N� i "r�T Fln u_s, ('" ___________________________________________________________________________ REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350'(you can obtr..n this list from Hennepin County Department of Finance A-603 Government Cernter 345-3271) 3. Stamped, legal sized envelopes Mill pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. S. Construction plan, 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 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 knowledg,. Applicant's signature Date OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. owner's signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commissicn Meetings are held on the third Monday of each month. —nc9 N fM1 46 / c000 SBo ..� o 3620(bl � - 94, — 3920 C4, M°\0.yt 48 �\1 I 1°. sa.,rb°. 222o CO 59 .. f. 43 Cl RUN DATE 05/29/86 BATCH 005 SO 05-117-23 12 0009 r PROP NOR 00040 STUBBS BAY RD 5 O.SNER NAME NENON H DUM ETAL TAXPAYER 6TWON N DUN NAME/NOR 40 STUBBS BAY RO MAPLE PLAIN HN 55359 '1 38 32-118-23 34 0002 PROP NDR 00095 STLOOS BAY RD N WIER NAME HORHAN E NAMED ETAL TAXPAYER NORMAN E MUtER fb Im E/MDR 1649 COLLEGE SOUTH BEND IN 46628 M 32-I18-23 34 0005 PROP NOR 00025 STUDDS BAY RD N O:NER NAME R GRINLEY A K TUUA r TAXPAYER DENNIS N KR" M VADOR 25 NO STUBBS BAY RO MAPLE PLAIN MN 55359 PY M 32-118-23 34 0008 MOP "DR 05725 NATERTON RD *. M<ER NAME "LIE 0 WORK TAXPAYER "LIE THORPE NAME/NOR RTE 2 BOX 48 MAPLE PLAIN MN 55359 38 32-118-23 31 0004 Catharine A Cram Catharine A Cram 3760 Watertown Rd _ Maple Plain, MN 55359 HEMNEPIN COUNTY PROPERTY INFORMATION SYSTEN PROPERTY ON RS LIST 38 05-117-23 21 0001 CITY OF WONG CITY DF ORONO CITY CLERK PO BOX 66 CRYSTAL BAY HN 55323 SO 32-116-23 34 0003 00075 STUBBS BAY RD N S(VIM RISMUSSEN SWIM RASNUSSEN 75 STUDDS BAY RD N MAPLE PLAIN M 55359 38 32-116-23 34 0006 JNN F DUN JOHN F DUM 20 S OR0441 RD P O BOX 77 LONG LAKE 1N 55356 38 32-115-23 43 0006 03565 NATERTOM RD D M DUN ET AE WS EST DORALINE M DUM 3565 KATERTO.N ROAD LUm LAKE MN 55356 REPORT NO. M435401 PAGE 7 38 05-117-23 21 0002 JOHN BURGER UAL JINN BURGER 3750 BAYSIDE RD LONG ME HN 553% 38 32-118-23 34 0004 00065 STABS BAY RD N R A A KROEGER RICHARD 6 KROESER 65 N STUBBS BAY RD MAPLE PLAIN HN 55359 SO 32-118-23 34 0007 OMaS RATERTOIN RO THOMAS JOHN NAXNELL WOHAS JOHN MAXRELL MOO NATERT0141 ROAD HAPLE PLAIN HN 553M TOTAL BATCH 005 00011 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INF HATION AS IT Ar-EARS THIS DATE CH WE RECORDS OF THE NENNEPIN COUNTY DEPNTHEMT OF F APERTY TAXATION- WE BEST OF HY MOHLEOGE AN BELIEF. DATE "I Certificate 0� i, \ O Ro Q a \ w LOB ao. m, F.Y9 .<✓'�� a y. S9.<..l uw� ! Y j mi I t- �. y I 1 I IV f R A e i' JLN — 20 I To: Planning Commission Members From: Michael P. Gaffron, Assistant Planning & Zoning Admii:';trator Date: June 12, 1986 Subject: #1041 Thomas Maxwell, 3685 Watertown Road - Variance - Public Searing List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Letter From Arlie Thor, This application was originally intended as a setback variance application to construct or --large an existing horse barn. After the public notice publication deadline date, Mr. Maxwell brought in a survey indicating that the existing barn is located partially upon the property of his aunt, Arlie Thorpe. In order to resolve this problem, Arlie Thorpe is planning to deed her land to Mr. Maxwell, and he will combine them, granting her a life estate. Then, the barn constriction will be able to meet the requ'red 150' setbacks. But, there will be 2 residences on one prc arty of 10.21 acres in this 5-acre zone, requiring a conditional use permit. Mr. Max, 11 has made application fci the conditional use permit but n, n time to be published for the June Planning Co—ission .ueeting. The conditional use permit %.11 appear as application #1042 on your July agenda. The applicant should be advised that if he formally withdraws the variance application #1041, we can refund a porti, of the variance application fees. Staff would recommend tarling of this item, or acceF_ applicants fo nal withdrawal if such is forthcoming. Wes. Sa '.�. K �s Mt•E W A C,r ,,'-< CE AAC. /uCv17 .E't�i'no.vn-t teW6w w/�7X�F� �RroR 'R� Af7:'C N�M'C, (NY�K #n�hn¢res ` N�n-O ?b tlA✓C cn.�6,.�c i� F'/_c('eat-y n�Jr�-rza e.eE"F' � Ifor sal F+s P2ePcaea va.Y..TY_wM n.sO, or.. Yurw...a-C.e..urw. n.u. _.- No delinquent toes and Punier en had: Certifipb of Red Estate Value I IfBerl ! IPut required Cedifteate of Real Esunc Value No._ ,19 _ County Auditor bs' -- _.— STATE DhED TAX DUE HERE". 5 _ /5N e= Data: I,/9 MR VALUABLE CONSIDERATION, Arlie o. Thorpe, a widow and not so.... Led _ ImwnO vnuJ hereby convey lsl and warta...l•r Tnomae . Maxwell IIIr red Properly in nennep n _Ceu—counts Tl,e went 250.00 I, of H ast S. fast o luutheast Quarter Of the Southve : Qun.ter o. Section a 71... Its, .9, Range 23, Nenuepin r:ty, Milne -an, lying south of the centarllns of Watertown Road. s. . r[ h:reby ••r.lves A life estate in the Pe.,.:.y horeln. ar«Y.mmuww WaltherWalther•nlM1 all d•RWrlamenla e.. - rna¢r.7 iuntlrnR thereto,, pu rvblal to the followlnT eaaePtiona. A [1 at L e., Nprnp IPG lrte _ SATE OF MINNESOTA o. COI'NT5'OF�ir%w'g,�[✓ The fon•goine ud!- twas aeAllow N""' Wt. nw Qua r'wW of .f✓l..19�(. q. Arlie O. Thacpe, a aide. and not e . omw fsl. TAaIALaTAYe of aaA lea olYO iRLL OaaMR11 }tt Val rL l IN AC aewLL Ni w""rY^r r','a. =tZij Y'r"LnYw«r.r.«IL..Y we 1 eas"o el IteYlNnaNY..Twq.an.'eaDaI gl.Yr..O.DD uan 1 MRTCALP a ARBON Atta[na)' at Law ... W. ar"awny Y.O. 6 Menticel L• we 55 ThDee• J. M. .11 1etl5 Saari, Wa[e[[^vas Rd. Maple Plain. MN 55359 roez ?iINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 21, 1986 11037 JOHN HHSSE 1951 CONCORDIA STREET VARIANCE/CONDITIONAL USE PERMIT - SECOND RBItEW John Busse was not present for this matter and the Planning Commission waited until 11:40 P.M. for his presence to act on his request. It was moved by Bellows, seconded by Chairman Kelley, to recommend denial of a conditional use permit and variance to regrade lakeshore yard to -reate a walk -out basement configuration per staff •commendation. Motion, Ayes 5, Nays 0. #1042 'A YTS J. A]DRLL 368 3685 NA'. RY'ONM ROAD COMDITIOh%L USE PERMIT PUBLIC HEARING 7:57 - 8:05 The Affidavit of Publicati a_,d C,tificate of Mailing was noted. Assistant Zoning Administrator Gaffron explained the request for conditional use permit for guest house use of second existing residence, in conjunction with zombination of 2 parcels of + 5 acres each into a single parcel. Mr, Maxwell's aunt, Arlie Thorpe, owns the adjacent property and will deed the property to Maxwell in exchange for a life estate. This will allow construction of a new 6 stall barn meeting the 150' setback from all propr-a} lines, and o, low 7 horses maximum. Jack Ebert was presert representing Mr. Maxwell and stated that he had the signed deed in hand. No one was present from the public relarding this matter and the public heari^g was close8 Callahan stated that he was r p� _d because it was bad zoning B planning to combin ,:,e property just for tFe purpose of allowing 6 horser. Bellows and r:.:ten agreed with Callahan. Assistant Zoning Administrator Gaffron noted that once the properties were combined they might not be allowcl to subdivide again because the properties would be se, tandard in the required 5 acres zoning area. Taylor stated that the applicant has complied with the Planning _ommission9s direction at the last meeting, McDonald agreed with Taylo / MINUTES OF THE PLANNING COMMISSION MEETING VELD JULY 21, 1986 41042 MAKNELL continued No one was present from the public regarding this matter and the public hearing was closed. It was moved by Taylor, seconded by Kelley, to recommend approval per staff recommendation. Motion, Ayes 3, Nays 3. Bellows, Goetten, and Callahan voted nay. 41044 J' ERICKSON/VICKI RIZZOLO 115 LUCE -IKE RIDGE CONDITIONAL USE PERMIT PUBLIC HEARING 9:45 - 9:55 The Affidavit of Publication and Certificate of Mriling was noted. Assistant Zoning Administrator Gaffron explained the request for a conditional use permit and variance to permit a mother-in-law apartment at walkout level of a new home under construction: He explained the action taken by Council in previous applications noting that it has been granted on s "temporary" basis. He explained staff's recommendation to eliminate a direct access door from the garage stairway into the apartment, solely based on this being c..nsistent with Council action in previous applications. James Erickson and Vicki Rizzolo a present for this matter. Mr. Erickson stated that .iey would like the access door to remain because it doe• ,t change the situation, eliminating it would just coate more of an inconvenience. Chairman Kelley stated he was in favor of mother-in-law apartments and is in favor of leaving the door as proposed on the plan. Bellows concurred with Kelley's statement. r 'ahan F .:ed that he felt mother-in-law apartment _ests s„ould ',e put on hold until the city iblishes standar..a for such a use. Goetten agreed with Callahan's statement. No one was present from the public regarding this matter and the public hearing was closed. 7 MINUT,.c OF THE PLANNING COT:7'oSION MEETING HELD JUNE 16, 1986 �*1010 WILLIAA ULRICH CONT. McDonald stated ti,it by installing the sea wall it merely moveL the muskrats down the shoreline and noted that a sea wall would never be approved on the main lakeshore. Callahan stated that 1,e felt there was no end to t-ae Ulrich plans and requests. He would like to see an entire plan for both properties to Ye considered. John. Noble stated that he is unaware of any more future plans for the Bloborn property, but he really cannot speak on behalf of Mr. Ulrich. Goetten agreed with Callahan regarding seeing an entire plan. Th,re were no comments from the public regarding this matter and the public hearing was closed. It was moved by Rovegno, seconded by Kelley, to recommend approval of the southern lagoon sea wall request subject to conditions and findings noted in Resolution i1522 approved for the northern lagoon sea wall, and noting that no sea wall would be approved on the main lakeshore. Motion, Ayes 6, Nays 1. Goetten voted nay. 1001 THOWAS J. MAXWELL 3665 WATERTOWN ROAD VARIANCE PUBLIC HEARING 9:32 - 9:50 The Affidavit of Publication and Certificate of Mailing was noted. Present representing Mr. Maxwell was John Ebert of Ebert Construction ani qupply. Assistant Zoning Administrator Gaffron explained that this application was originally intended as a setback variance application to construct or enlarge an existing horse barn. After the survey was submitted, it indicated that the existing barn was partially located upon t:ie property of Mr. Maxwell's aunt, Arlie Thorpe. In order to resolve this problem, Arlie Thorpe planned to deed he land to Mr. Maxwell so he could combine the properties, granting her a life estate. This would present the problem of two houses on one 10.21 acre parcel, which would require a conditional use permit for use of the second house as a guest house. MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 16, 1986 41041 TBOMAS J. MAXWELL CONT. John Ebert reviewed the history of the property. It was noted that Mr. Maxwell would like to remove the existing 6-stall horse barn and replace with another 6-stall barn and if the property combination was not done, they would not be able to meet the required 150' setbacks required. He stated that the alternative to a conditional use permit for guest house use would be a lot line rearrangement. At this point, the issue of number of allowed horses was brought up. Mr. Ebert stated a 6-stall barn was proposed. Planning Commission noted that only 3 horses are allowed on a 5 acre parcel. If the properties were combined, the barn could meet the required 150' setback and a maximum of 8 horses would be allo• >d on the 10 acre parcel. No one was present from the public regarding this matter and the public hearing was closed. Because of the issues and concerns involved in this application, it was moved by Kelley, seconded by Goetten, to table this matter so applicant can meet with staff to solve these issues and come up with a solution. Motion, Ayes 7, Nays 0. APPROVAL OF MINUTES It was moved.by Kelley, seconded by Taylor, to approve the Minutes of the May 19, 1986 Planning Commission meeting as submitted. Motion, Ayes 7, Nays 0. PLANNING COMMISSION REPRESENTATIVE Chairman Kelley was appointed to attend the July 14, 1986 Council meeting. k.-IOORNMBNT 9:52 PH It was moved by Chairman Kelley, seconded by Taylor, to adjourn the Planning Commission meeting at 9:52 PM. Motion, Ayes 7, Nays 0. ZONING FILE NO. 1042 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 7/24/86 ----------------------------------------------------------------- TO: Thomas Maxwell COPIES TO: 3685 Watertown Road Maple Plain, MN 55359 TYPE OF APPLICATION: XX Conditional Use Permit ------------------------------------------------------- DATE OF MEETING: 7/21/86 VOTE: 3 For 3 Against Planning Commission recommends the following: NOTES AND SPECIAL CONDITIONS: Planning Commission voted 3-3 on a motion to recommend approval of the guest house conditonal use permit. The "nay" vote opinion was apparently a concern that approval of the conditional use permit and lot combination would create a situation that might force the City to allow a future subdivision into 2 substandard lots again. This item will be presented to the Council on Monday, August 11, 1986 (7:00 p.m. meeting) with a positive recommendation from staff to approve the guest house conditional use permit. It would be advisable fog Mr. Maxwell to be at the meeting in order to answer any questions or concerns the City Council might have. ------------------------------------------------------ Applicant's next scheduled meeting is confirmed as: Council Monday August 11, 1986 If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND VARIANCE PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (G) FILE #1042 WHEREAS, Thomas Maxwell (hereinafter "the appli(ant") is the owner of the property located at 3685 and 3725 Watertown Road within the City of Orono (hereinafter "City") and legally described as follows: Parcel A That part of the Southeast Quarter of the Southwest Quarter of Section 32, Township 118, Range 23, Hennepin County, Minnesota described as follows: Beginning at the Southeast corner of said Southeast Quarter of the Southwest Quarter; thence west along the south line of said Southeast Quarter of the Southwest Quarter to the west line of the east 678.62 feet of said Southeast Quarter of the Southwest Quarter; thence north parallel with the east line of said South- east Quarter of the Southwest Quarter to the centerline of the Watertown Road; thence Southeasterly, along said centerline to the west line of the east 462.89 feet of said Southeast Quarter of the Southwest Quarter; thence South along said west line to the north line of the south 16.50 feet of said Southeast Quarter of the Southwest Quarter; thence east along said north line to the east line of said Southeast Quarter of the Southwest Quarter; thence south along said east line to the point of beginning;nd Parcel B T e west 250.00 feet of the east 928.62 feet of the Southeast Quarter of the Southwest Quarter of Section 32, Township 118, Range 23, Hennepin County, Minnesoto, lyiL .outh of the center- line of Watertown Road; (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono for a variance and a conditional us.: permit to permit the quest house use of the residence at 3725 Watertown Road, which upon lot combination will be located on the same property as the principal residence at 3685 Watertown Road, per Municipal Zoning Code Section 10.20, Subdivision 3 (G). Pace 1 of 5 NOW, THEREFORE, DE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 41042. 2. The property is located in the RR-lA Single Family Rural Residential District. 3. This application was reviewed by the Orono Planning Commission on July 21, 1986. 4. The two parcels contain a total of 9.82 acres of dry buildable land excluding roadways. 5. The two parcels have exist prior to this time as two separate tax parcels. 6. An existing barn is located over and on either side of the dividing line hc`,,een the two parcels. 7. Upon legal combination of the two parcels, the existing barn will be locate9 at least 150 feet from all neighboring properties. The applicant intends to replace this barn in the same general location, meeting all setback requirements. 8. As a result of the combination of the t•o parcels, the existing residence, occupied by Arlie Thorpe (applicant's aunt) at 3725 Water�--in Road, will become the second residential dwelling unit un the property. 9. The applicant intends to maintain the residence at 3725 Watertown Road as a private, non -rental guest house on a permanent basis, with a life estate to be granted to Arlie Thorpe. i0. The existing house at 3685 Watertown Road is located approximately 90' from the front lot line where a 100' front lot line setback is required. The existing house at 3725 Watertown Road is located approximately 25' from the front lot line where a 100' front lot line setback is required. A variance to Section 10.20, !'ubdivision 3 (G) is required for the guest house, which does r t meet all the lot requirements of the RR-lA Zoning Distric . 11. Any future re -subdivision of the property would likely require variances to lot area, lot width, front setback, and setback for a horse barn. Page . of 5 12. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the: effect of the proposed use on the health, safety and welfare of the community. 13. The City Council finds that granting a conditional use permit to allow the guest house use of the existing residence at 3725 Watertown Road will not be detrimental to the health, safety or -ineral welfare of the public, would not adversely affe.t light, r nor pose a fire hazard or other danger to neighboring ..operties, nor will it depreciate surrounds: f property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Cede Section 10.20, Subdivision 3 (G) to permit the guest house use of the existing residence located at 3725 Watertown Road and a lot standards variance to the requirements of Section 10.20, Subdivision 3 (G), subject to the following conditions: 1. This approval will be effective upon legal combination of Parcels A and B into one single tax parcel. 2. The residence at 3725 Watertown Road is considered as a guest house, may not be rented, and is for the sole use of the occupants of the principal residence at 3685 Watertown Road and their domestic employees or non-paying guests, including Arlie Thorpe as a life -estate tenant. 3. Applicant is placed on notice that a future re• -subdivision into two separate building sites might not be approved by a future City Council because a number of variances would be re- quired under current zoning code lot standards. C. Applicant is placed on notice that the maximum allowable i.umber of horses on the combined property is 7 horses. 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 5 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this llth day of August, 196,�. ATTEST: Doz�thy M. Hallin, City Clerk Mary C. Butler, Mayor Property Owner(s) Page 4 of 5 i,W-WIL t; 9STING g Au 111986 Orono Council Members �I p 6F 090M. From: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: August 5, 1986 Subject: 4104A James Erickson/Vicki Rizzolo, 115 Luce Line Ridge - Variance/Conditional Use Permit - Resolution LisL of Exhibits Exhibit A - Memo and Exhibits of 1/17/86 Exhibit E - Planning Commission commendation Notice of 7/23/86 Exhibit C - Proposed Resolution This is a request for a mother-in-law guest apartu located within the principal residence now under construction. Please seview the memo of 7/1-/86 and the pertinent exhibits. Note that staff is treating this application as a variance for temporary 2-family use per Zoning Code Section 10.08, Subdivision 3 (A)(7), because we feel the guest house standards for "double the lot area" were never intended to be used for in-house guest apartments. we do feel that separate standards for guest apartments s,..uld be developed. Planning Commission, on 7/21/86, vot,1 4-2 to approve the temporary guest house for this owner only and to leave the doorway from the garage - basement stairway as proposed, feel+.ng that although elimination of the doorway would be consi rent wit,. past Council approval on other applications (Pula, for ance), in this case the garage access has a short hallway which could ,., considered part of the house, and to force the guest -dweller to enter through the utility room and basement is unnecessary regulation. A resolution reflecting the Planning Commission recommendatioi. .z attached for your review. To: Mayor Butler Mark Be: aardson, City Administrator Orono Cor.wil Members Plannine immission Members From: .heel P. Gaff -on, Assistant Planning & Zoning Admini:trator Date: .y 17, 1986 Subject: 01044 Jame. Erickson/Vicki Rizzolo, 115 Luce Li Ridge •- Conditional Use P. mit - Public Hearing Zoning District - RR-lA (Painters Creek - PRO Application - Mother - In - Law apartment at walkout ltvel of new !:ome under construction List of 16sbibite Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D Sur-ey Exhibit L - Floor Plana Exhibit F Letter from Applicant Pertinent Cod. Sections - 10.08 ',ibdivision 3(A) (�1) "The Board or Council ray pa::ait as a variance tt .emrirary use of a one -family dwellin<L as two i Lily - dwelling." - Per 10.08 Subdivision 3 (6), "The Council may impose conditions in granting vaciances to insure compliance with this cha, -- and to procsct adjacent propmrt' - Deftnitio:.r. - 10.02. 19. "Dwelling" - A buildin, or one or more portions ..hereof d, maned 'r intended to he occupied exclusively for residence ., ,iosrs, but not inel-ling roo, in motels, ho- :s, nursing hones. boardinghouses, traile a, tuts, cabiior trail r coaches. A dwelling sl.a-..- not be ina.eap, ad to incl Ae lodgi.,g rooms. 'roweling -Attached" -• A dwelling i.ch is 'oined to a iother .ling at one om. mor.- sides ly a part Ball walls. 21. 'Dwelling -Detached" - A dwe, ir.g which is curtly surrounded by open space on the ,4m, lot. 22. "Family" - An individual, or two nr more parsons each related by blood, marriage or tion, livi.,g together ae a sing'- housekeepir. r unit; or .. r, of not ze than four ne-nons r so relateA, aaintainir., i cor:non household. 23. "Fa ily Dwellin. Any stru:ture ."le up of tw• •r more attached dwell` Zoning File 41044 July 17, 1986 Page 2 of 3 28. "Guest House" - An accessory separate dwelling constructed on an existing undivided lot for the sole use of the occupants, including their domestic employees or their non-paying guests, of the primary dwelling. All regular lot requirements shall be met by the quest house. Subd. 3. Conditional Uses. Within any "R-IA" One Family Residential District, no structure or land shallbe used for the following uses except by conditional use permit: G. Guest Houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot rer-,irements shall be met by the guest house. Discussion The applicants are requesting permission to allow a mother-in-law apartment within their home, which is under construction on Luce Line Ridge (the former Ski-Tonka property). In the past, the City has considered these situations in terms of the guest house use, requiring double the lot area and width to allow ",a second dwelling unit. The guest house lot size standards, based on the definition of guest house and the performance standards set up in 10.20 Subd. 3(G), were clearly not intended to deal with a mother-in-law apartment within a principal residence. With mother-in-law apartments, we are really granting a "use variance' (one of the few use variances allowed by statute) on a "temporary" basis per section 10.08 Subd. 3(A) (7). Staff feels this use variance should be reviewed in terms of its potential to become a totally separate dwelling unit based on the floor plan. This has been the Council's concern on previous applications such as Scherven on Casco Point Road, Beck on North Arm Drive, and Pula on Webber Hills Road. The CUP process also allows the City to place a time limit on the mother-in-law apartment use. Specific Floor Plan Review In this case, note that the main entryway to the house is open, hence the occupant of the mother-in-law apartment would have to go through the main house to enter the apartment. Note that the garage stairway leading to the basement leads to a landing with a door going directly into the apartment. To be consistent with Council's past action on the Scherven and Pula applications, the doorway directly to the guest apartment at the bottom of the stairs would be eliminated so that the apartment occupant would have to travel through the utility room and basement to enter the apartment. Allowing the outside walkout door to remain would be consistent with the Scherven application. Finally, in terms of the "temporary" use variance, the City could limit this use to the current owners (requring a new CUP for any future Zoning File #1044 July 17, 1986 Page 3 of 3 owner wishing the same type of situation). Or, you could impose an even more restrictive time limit if you feel there is a basis for it. Staff Recommendation Staff would recommend approval of a temporary use variance and CUP to allow the mother-in-law apartment to be created, finding that under the conditions specified below, the mother-in-law apartment is in keeping with the intent of the Zoning Code. Those conditions are: 1) The main entrance to the house shall remain as an open foyer, forcing the apartment occupant to enter the apartment from within the main house, as shown on the prof.;ed design plans. 2) The direct access door from the garage stairway into the apa_tment shall be eliminted and replaced with a solid wall (consistent with Council action on previous applications). 3) This use variance is a granted on a temporary basis and shall expire at such time that the applicants no longer own the property. Any new owner would have to reapply for the mother-in- law apartment use. 4) Th- mother-in-law apartment shall not be rented out and is intended for the sole use of the occupants of the principal residence and their non-paying guests or domestic employees. L4) ✓ ,p..war. ./ ✓ NEON r,eranve� Yp IeY.L,t`1 OBI � _ OTHER APPLICATIONS - CONT. __ $250.00 Rezoning $200.00 Appeals Other - see fee schedule ------- PRESENT USE OF PROPERTY Present Zoning District IfA /.4 Present Use of Property Residential Other (specify)_ DESCRIPTIONOF REQUEST e Describe reclyest in detail: .SS/_-p /JTtA.ENF_O Fdi'iN rw rsc AtP7'. W77+1 6:3 1M OIRED SUBMITTALS `1 Completed Application Form. ,/0 Certified Property Owners List of owners withi 350' you can obtaii this list from Hennepin County Department of Fine 603 Governmeni ,,((���� Cernter 348-3271) R1,0 ? ✓'13) Stamped, legal sized envelopes (#10) pre -addressed to each of the names /!!�� on the above list with no return address. )?nlw s iv &,wf- x 4: Certificate of survey. . Construction plan, if applicable. ✓#6.1_Plat Map. The applicant and Property Owner must sign remember that your application is not complete not been included. this application. Please if the above information has 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 !i l..- Rate%Z OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council 7bers for Ko sea of investigation and verifica i n of ¢h eques Owner's signature 11.. (j yl�� Date 1 \ y Applicant must have all bmit als int the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. RUN DATE 06/I6/66 HENIEPIN CCU.NTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 r PROPERTY OWNERS LIST PAGE T BATCH 004 38 31-118-23 31 00" 38 31-118-23 34 0004 38 31-1IB-23 34 0006 r MOP ADOR C0045 LACE LINE RIDGE 00115 LLCE LINE RIDGE C:. ER NAME ROBERT K LEEDS PAINTERS CREEK BEVEL PAINTERS CREEK BEVEL TAXPAYER ROBERT K LEEDS EDUCE R LANGE J E ERICSON A V A RIZZOLO NAY.E/AOOR 1275 NILL'.3.SROOK DR SUITE 1442 14925 IRONWOOD CCGiT r WAYZATA MH 55391 53 N JACKSON BLVD EDEN PRAIRIE MI 55344 CHICASO IL 60604 I� 38 31-116-23 34 0013 PROP ADCR O'.RER NAME PAINTERS CREEK HOMEOWNERS TAXPAYER PAINTERS CREEK HOP.ECINERS NAME/ADOR C/O PRIWTJS LAN OFFICE 4C3 2ND AVE 5 SUITE 432 NFL$ MR 55401 r I U ppp/• TOTAL BATCH 004 00000 0S y / ^:1. 0r. TOTAL LABELS BATCH LIU* UOUJM I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCIFATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF FRO TY T'GgRR TIW. TO THE BEST OF MT KNOWLEDGE AND BELIEF E LIEF. ��Q��� � �I I(�(�J_ DATE WA1II II Z'AO BY •t030 00.0ps i -Proposed garage floor e -Proposed front house en •Propnsed top of block e •P.op;.sed baw.ent floor •prop: seJ ::aserwnt floor EOGE OF WOODS / TOP OF 8"K ` Vpe uoz+a \ PG T< O rzaa • • f naz Q_ p Ta �Q R•27 ioz•a L.13�� n eons -27*1 On /W gY91V :e•:r CF_r �'� �� UECNS S1AIy �N� I GUARDRAILS II � OPEEN NGS /tl E4 L1///r WaoGM WReaI REvwrcEAbla inaW WWM1 __ _ moo.' ... `i Ipr I FlRE PLACE p(RIIRMCF To coMeununn RMMRe® `p �_ _•y-— _ AN ME }NYC iIJIe eRKLaH CTHM LMEL I= a GUARDR �WWCWWp0MMMMMM��PPPPII6T/JLE MLARTX EYTFe510A' YIIL! �MOMT 1T FAjp AOE OF FlRE MIL '3l";r nee"`/_ --- o WR se- r :E +Y Ssrf/t{ 701D�aLRA6'_ NR. B• e . 7alwY' Np {N1gN NMGS �— � Ls :1 NLM4__gGO1L__ u ��� .Wsa STAIRS if a ,f4 1 ;4' w AMM xI/waoM d'� /e. D/•fN TsGIQIWCeiI MPS. Yr[. {� iiiiii 9 , n-c. ' G°M° REW��ps\E�PI PiPgEtgtO t} } �1 � _ �1tiIIM.MI:MOE ;I - Ai 1 O IMOIi l aulsutawlr , I I arc �a'oe � ai °• ; t I _ — — _ — — t� -_ _ — I . i I __...... wmDOw51 �I N�cJNENf \ ar I a•�J --�... — I I V icx Y A. R V.zcn.o A I'IORNEY AT LAW 6131 BLUE CIRCLE DRIVE. EDEN PRAIRIE. MINNESMA 55344 (612) 933-41184 July 17, 1986 City of Orono P.O. Box 66 Crystal Bay, MN 55323 Attention: Mike Gaffron Dear Mr. Gaffron: �d[IadIff JUL 8 IN i This letter is in response to your request for a written statement concerning the intended use of the residential property located at 115 Luce Line Ridge. As you know, my husband, James Ericson, and I, have purchased the property located at 115 Luce Line Ridge and are in the process of building a large two story home on the premises. The general contractor is Paul lialentiny, and he has applied for a building permit and been granted a conditional use permit to begin construction. My husband and I. along with our two children and my mother, plan to occupy the home under construction as a one family dwelling. My mother has resided with us since August 1985 when she moved to Minnesota from New Jersey, and in April 1986 we purchased the property in question specifically to build a larger home to accommodate our growing family. I understand you have in your possession a copy of the proposed building plans. You can see that the floor plan is that of a traditional two story home with a finished walkout level. The walkout level incorporates a fifth bed- room and bathroom, a small kitchen and recreation room. The second kitchen will be used by both my mother and myself for many purposes, for example, canning, entertainment, etc. We have als included direct access from the garage to the lower level to avoid having to enter the main level of the home to access the walkout level. In sum, we intend to build a single family home and occupy the home as a single family with accommodations for my July 17. 1986 City of Orono Page Two mother that afford her some privacy, but maintain the integrity of the traditional two story floor plan. We fully realize that the area where the property is located is not zoned as rental property and we certainly would never consider renting a part of our home to a stranger. Considering the property values in the area and the value of our own home, I would consider a rental use of the property to be completely unrealistic. If you need any further information, please do not hesitate to contact me. Sincerely, V I C 0L0 tlb ,sip.' h ovrvf _ s CrrtKVeULL i�xpwye�¢ Fjrabc �i 6 awmw ® Pov =249mEowws . \ G © M SN jp 4 81•IIS d3 34- 0015 P` ? El f f 2.10 zso .�1`+1, ssyaz ae :• 4�RIEE11�16'},x. .�.r.�.�. r\ ZONING FILE N 1044) CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 7/23/86 ----------------------------------------------------------------- TO: James Ericson COPIES TO: Paul Walentiny Const. Vicki Ri22olo 7030 Alpine Trail 14925 Iron wood Ct. Eden Prairie, MN 55344 Eden Prairie, MN 55344 ----------------------------------------------------------------- TYPE OF APPLICATION: XX Variance/Conditional Use Permit DATE OF MEETING: 7/21/86 VOTE: 4 For 2 Against Planning Commission recommends the following: XX Approval: Subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1) The main entrance to the house shall remain as an open foyer, forcing the apartment occupant to enter the apartment from within the main house, as shown on the proposed design plans. 2) This use variance is granted on a temporary basis and shall expire At such time that the applicants no longer own the property. Any new owner would have to reapply for the mother-in-law apartment use. The temporary variance is not transferable to a new owner without Council approval. 3) The mother-in-law apartment shall not be rented out and is intended for the sole use of the occupants of the principal residence and their non-paying guests or domestic employees. ------------------------------------------------------------ Applicant's next scheduled meeting is confirmed as: Council August 11, 1986 If you desire certified copies of the offici::.'. Planning Commission minutes, they are available from the Ci-y Recorder after review and approval by the Planning Commission. A RESOLUTION GRANTING A VARIANCE AND CONDITIONAL USE PERMIT PER MUNICIPAL ZOMING CODE SECTION 10.06, SUBDIVISION 3 (A)(7) FILE 41044 WHEREAS, James Ericson and Vicki Rizzolo (hereinafter 'the applicants") are the owners of the property located at 115 Luce Line Ridge within the City of Orono (hereinafter "City") and legally e.zscribed as follows: Lot 4, Block 1, Painters Creek, Hennepin County, Minnesota (hereinafter "property"); and RHRREAS, the applicant has made application to the City of Orono to permit the construction )f a guest apartment within the principal residential structure on Lhe property. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 4104.. 2. The property is located in the RR-lA Single Family Rural Residential Zoning District. 3. The property is approximately 3.2 acre in area. 4. The Orono Planning Commission reviewed this application on July 21, 1986, and recommended approval of the proposed variance to allow a temporary second dwelling unit use as a guest apartment per Zoning code Section 10.08, Subdivision 3 (A)(7), and recommended approval of the guest apartment conditional use permit based on the following findings: A) The applicants intend the apartment to be used as a guest apartment only and have no intent to rent the apartment. B) The apartment, as designed, is on the walkout level of the house and may be accessed from within the main house as well as from direct exits to either the garage or the rear yard at the walkout level. Page 1 of 4 5. The City Council finds that the :inditions existing on this property are peculiar to it and do t apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the appli- cant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that granting a conditional use permit to allow the temporary guest apartment use will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER :.Pb CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance and conditional use permit per Municipal Zoning Code Section 10.08, Subdivision 3 (A)(7) to allow the temporary use of a single family dwelling as a two family dwelling by the creation of a guest apartment at the walkout level, subject to the following conditions: 1. The main entrance to the house shall remain as an open foyer, forcing the apartment occul,-:nt to enter the apartment from ^'thin the main house, as shown on the proposed design plans_ 2. This use variance is granted on a temporary basis and shall expire at such time th-t the applicants no longer own the property. Any new owner would have to reapply for the guest apartment use. The temporary variance is not transferable to a new owner without Council approval. 3. The mother-in-law apartment shall not be rented out and is intended for the sole use of the applicants while they are occupants of the principal residence and their non-paying guests or domestic employees. 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority qranted herein, and shall be punishable as a misdemeanor. Page 2 of 4 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 12th day of August, 1986. ATTEST: Dorothy M. Ballin, City Clerk Mary C. Butler, Mayor Property Owner(s) Page 3 of 4 TO: Mayor Butler Mark Bernhardson, City Administrator Orono Council Members Planning Commission Members FROM: Jeanne A. Mabusth, Zoning Administrator DATR: July 16, 1986 SOBJ: i1047 Dennis Rumlin, 2665 Fox Street - Preliminary Subdivision Applicant was granted preliminary approval of a 2 lot plat of the subject property on October 15, 1984 - application expired October 15, 1985 (review exhibit H). Zoning District - RR-1B Current !Application - a) Subdivision - Plat - 3 Lots Area: Total 7.49 acres Wet = .21 acres Dry 7.28 acres b) Variance to required lot width along public road by proposing use of a private road to serve all three lots. List of B:bibits - A - Application B - Property Owners List C - Plat Map D - Staff sketch E - Watershed Drainage Patterns F - Wetlands mapping (elevations) G - Watershed Designations H - Section 11.33 Subd. 4 I - Former Plat J - Current Preliminary Plan Review of Current Application - Mr. Zumlin has applied for a subdivision of 3 lots now served by a private road. The lots all appear to satisfy lot standards of the RR-1B zoning district. The existing structures on lot 3 satisfy all setback requirements. The access location for the now private road satisfies all safety standards. In consideration of the enclosed wetlands mapping of the area (exhibits E,F a G) the City sees no need to acquire future corridors to south or west. Applicant should be advised that per Section 11.33 Subd. 4 (see exhibit H), a private road must be installed per standards set forth in subdivision code. Staff will suggest that in light of the three lot density and the limited area to be served that the following standards be applied: 24' base 20' 3 inch bituminous covering (bituminous curbs - 20' finished width between curbs) 40' finished cul-de-sac Culvert size at Fox Street to be reviewed by City Engineer Zoning File 41047 July 16, 1986 Page 2 of 2 Septic testing confirms each lot satisfies the septic standards. Staff is most concerned with the configuration of lot 2 in regard to the proposed location of all improvements and the obvious location of the driveway to the home site to the higher elevation to the south. Staff has asked that the shared lot line be realigned to provide adequate area for the future drive (see exhibit D). Staff has also inspected the designated wetlands area within lot 2 and has determined after further consultation with the surveyor's field crew that the wetland must be expanded along the western edge approximately 50' to 751. Gronberg has confirmed that this would increase the wetlands area to approximately .45 to .5 acres within lot 2. Lot 2 would still maintain the required 2 acres of dry contiguous land. Staff has advised that the wetlands should be designated at the 931.5 elevation. Gronberg has stated that the revised plans may be ready for our meeting but at a minimum he has ::st:c.-ed me that the wetlands area would be confirmed for our review. %ta:i Recaamiendation - lo approve the 3 lot subdivision and variance application of Dennis Rumlin finding all lot standards of the RR-lB district and standards of existing code have been satisfied. Approval is subject to the following conditions: 1. Provide revised preliminary plan providing additional area to west of septic test sites on lot 2 for future driveway. 2. Designate wetlands in lot 2 at 931.5 elevations and confirm total wet area within lot 2. 3. Payment of Park fee at $400.00 ($200.00 for each newly created lot). 4. wetland to be designated as drainage easements on the plat with angles a bearings - City to request a conservatio, and flowage easement over wetlands. 5. City to ask for granting of road and utility easement over private road outlet. 6. Applicant to execute Maintenance agreement for future upkeep of private road. 7. All access must be from private road outlet. No direct access onto Fox Street allowed. 8. Applicant must submit road name choices for new private road. 9. Private road to be constructed per following standards: 24' base 20' paved surface - curb required (20' finished width between curbs) 40' paved cul-de-sac Zoning File 01047 August 5, 1986 Page 3 of 3 Additional Comments and Planning Co ission Recommendation The application provided a revised preliminary plat as requested by staff realigning tlse shared lot line o° Lots 2 and 3 providing room for the future private driveway to the obvious house site to the south of Lot 2 and the septic test sites (see Exhibit D). In addition, the surveyor has expanded the wetland area on Lot 2 to mole clearly reflect what actually exists on the site. Prior to final approval, applicant's septic site evaluator must submit a revised site plan confirming test site area of Lot 2 meets required 75 feet setback from newly designated wetland and because of the topography (steep slopes) within septic test area of Lot 2, the evaluator must submit a septic design for the proposed mound system. Staff has prepared the enclosed resolution that recommends preliminary approval of the 3 lot plat application of Dennis Kumlin subject to the finding and conditions set forth by the Planning Commission. A RESOLUTION GRANTING PRELIMINARY PLAT APPROVED FOR A PROPERTY LOCATED AT 2665 FOX STREET APPLICATION NO. 1047 WHEREAS, Dennis F. Kumlin, on June 26, 1986, filed a formal subdivision application with the City for approval of a three lot plat of a property legally described as Lot 2, Block 1, Foxwood, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on July 21, 1986, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on August 11, 1986, the Orono City Council considered the subdivision application of Dennis F. Kumlin, (hereinafter "the applicant"), citing the following findings: FINDINGS 1. The property is located within the RR-lB Rural Residential Zoning District requiring a minimum of 2 acres of dry contiguous land within each newly created lot. 2. The property consists of a total 7.49 acres - .54 acres of wetland and 6.95 acres of dry. Each lot satisfies the two acres of dry contiguous land standand. 3. All three lots shall be served by a private road that will reduce the number of curb cuts onto Fox Street but each lot cannot meet the required 200 feet of frontage along a public road. 5. The access location of the private road onto Fox Street has been found to satisfy all sighting standards for a 35 MPH road. 6. A single family residence can be constructed on Lots 1 and 2 without the need of further variances. 7. Septic testing has confirmed that Lot 3 has adequate and suitable area for future septic expansion needs. 8. Septic testing has confirmed that Lots 1 and 2 have adequate and suitable area for both a principal and alternate drainfield, meeting all standards of Orono's On -site Septic Code. Page 1 of 3 9. The property is surrounded by extensive wetland areas to the east and south, the reviewing staff has determined that future access links would not be appropriate or feasible through this property. NOW, THEREFORE, BE IT RESOLVED that based upon either one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of Dennis F. Kumlin involving the property located at 2665 Fox Street per the preliminary plat drawings by Coffin & Gronberg, Inc., dated August 22, 1984, revised July 18, 1986, and further grants a street frontage variance for Lots 2 and 3 subject to the following conditions: 1. Prior to final plat approval, applicant's surveyor must provide septic design for mound system on Lot 2 and confirm 75 foot separation between wetlands and proposed septic area. 2. Applicant to grant access and utility easements over private road outlot (see form enclosed). 3. Applicant to submit proof that private covenants will assure future upkeep and maintenance of private road (sample enclosed for your consideration). 4. Access to Lots 1, 2 and 3 must be via private road. No direct access onto Fox Street allowed. 5. Applicant must submit choices for name of private road prior to final plat a-proval for Council's review and recommendation (see form enclosed). 6. Private road to be constructed per standards set forth in Section 11,33, staff recommends the following based on limited to be served by this road: 24' base 20' paved surface - curb required (20' finished width between curbs) 40' paved cul-de-sac 7. Applicant must execute a Developer's Agreement and post appropriate security for all road improvements not completed by final plat approval (see sample enclosed). 8. City to ask a for a Flowage & Conservation Easement over wetlands area. Page 2 of 3 The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: Final Submittals 1. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) additional copy reduced to 1"-200'. Drawing to include: a) lot lines platted per preliminary survey; b) dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines, except omit at lakeshore; c) wetland areas to be designated as drainage easements on the plat and to be described in angles and bearings. 2. LEGAL DOCUMENTS required: a) Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest; b) The applicant must provide certified copies of all recorded easements currently affecting the property; c) Excecuted Conservation 6 Flowage Easement, Road 6 Utility Easement, permanent covenants for upkeep of road. 3. FEES TO BE PAID: Total Due $1,150.00 A. Park Dedication Fees per current schedule, calculated as follows: $200.00 per each newly created lot at $400.00 B. Engineering review and inspection fees per current schedule: at $600.00 C. Final plat fee: $150.00 Adopted by the Orono City Council on this llth Day of August, 1986 ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Page 3 of 3 # 7Date Rec'd 6-d(a"Oi0 ��� By Fee Rec'd .00 CITY OF ORONO Re: /9a$(, SUBDIVISION APPLICATION FORK ___________________________________________________________ ------- APPLICANT Name -Z> AM AI S 4<UM1-1 Al Telephone '�yj-2-342, VotK +.SY-/d7l Mailing Address PROPERTY Name 2D,0N.V15 1<uML/AI Telephone 15A%"4- OWNRR Mailing Address 7leleS F� S 1 . (� ny?(1� SS39� (Attach list if more than one) T PROPERTY LOCATION Street Address 7-wos, f=04 S I - Property Identification No. (P.I.D.) Complete Legal Description to be attached to application EXISTING LAND USE Number of Tax Parcels I Development Size 6A cres Dry Land b 2-1 Acres Wet Land Acres Total, all parcels Present Use (check) X Residential; no. of units other (specify) Present Zoning District PLV(L-�R PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new b. :ing sites) Subdivision for New Building Sites Number of Building Sites: Existing Units y New Units Total Units Proposed Gross Density '2, Units per i.0-9 A. res Minimum Lot Size: Z -uS ru Square-F+ t Dry Buildable Land Proposed Use: (check) X _ Residential T Other (specify) (OVER) MINIMUM MATERIAL NECESSARY FOR C ETE RE4N.. PL N 1. Application Completed �.i i? A� b- 7 2. Preliminary Plat informatio}I'on CeSifiicate of Survey. 3. Certified Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4. Stamped, legal sized envelopes ( i10) pre -addressed to each of the names on the above list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature Date __________________________________________________________________________ MINIMUM MATERIAL NECESSARY FOR COMPLETE FINAL PLAT APPLICATION 1. Payment of fees (park fees, filing fee, sewer and water assessments) 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and acceptable form of security. Certification by Zoning Department that Final Plat Application is complete. Zoning Officials Signature Date __________________________________________________________________________ FEES Sketch Plr^ Review (Class I, II s III) $150.00 Preliminary Review (Class I 6 I. Subdivisions) $250.00 Preliminary Review $300.00 plus (Class III and all non-residential) 20.00/lot Final Plat Review (Class I1I) $150.00* *(Plus any legal or engineering charges) ________________________.__________________________________________________ Applicant has read the above and hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. ____________________________----------------------------- Applicant's Signaturey/,tu U.G _s Date Owner's Signature •'�i� Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are usually held on the third Monday of each month. alN BATE 06/17/ r e• �+ ow 38 04-117-23 41 0004 I F OR C'.:: nAME WILLIAM E OGRAN ETAL .AYER OEM R LIROBLOOM MAME,ADDR 2630 FOX ST WAYZATA 1N SS391 30 04-117-23 62 0003 MOP ADM 026" FOX ST M14EER NAME D 0 SCHIFFER ETAL TIXPAYER DAaEL D SCNIPPER P- mlM-IADOR 2690 FOX ST WAYZATA MN 55391 38 04-117-23 42 0022 PROP HOOP NEI NAME MATE OAK CIRCLE ASSOC r TAXPAYER MATE OAK CIRCLE ASSOC NAME/ABDQ OF LONG LAKE 9720 MATE OAK CIR LONG ME m 55356 r A 04-117-23 43 0005 MOP AOOR 00760 OLD CRYSTAL BAY RD S C:ItER NAME CHARLES 0 KALLESTAD TASPAYEQ EDWARD E STRICKLAID NAY.E/ACOR 780 OLD CRYSTAL BAY RD SO WAYZATA MI SS391 A� 30 04-117-23 43 0010 PPOP ADOR 02663 FOX ST ^.:,PER NAME 0 L B KULLIN TAYPAYER DENNIS F KLOLIN NtnE/IOM 2625 FOX ST �. WAYUTA MH S5391 FFP^.P AOOR CL':CP NAME 74•1AIER TOTAL BATCH 001 OOOIS r HEMMPIN CDKA4TY PROPERTY INFO MT3O1 SYSTEM PROPERTY ONNERS LIST SO 04-I17-23 4I 0006 JO N B A IDSTROM II JOHN B A IOSTROM II 6000 PINE GROVE RD EDINA MH 55436 38 04-117-23 42 0010 02620 FOX ST THEO WANGENSTEEN JR TRUSTEE 6 JAY i T L BWRER 2620 FOX ST WAYZATA MI SS391 38 04-117-23 43 0003 02675 FOX 5T STEPHAN 6 RASTER UAL STEPLEN G 'STER 2675 FOX . WAYZATA MH 55391 38 04-117-23 43 0006 00760 OLD CRYSTAL MAY RD S CHARLES 0 KALLESTAD EDWARD E STRICKLRND 780 OLD CRYSTAL DAY 0 50 WAYZATA M/ 55391 38 04-117-23 W 0002 LYIDON 5 STUBBS ITAL LYFDOI $ STUBBS IDS OLD CRYSTAL BAY RD LONG LAKE MN 55356 REPORT W. PI435401 PAGE 9 38 04-117-93 42 0001 02660 FOX ST ROGER V CANE ETAL ROGER V CAM 2660 FOX ST WAYUTA M/ 55391 38 00-1ITE 42 0021 M 02700 WHITE OAK CIR MY F RASM155EN ET MAL U ROYF i MOT LU RASHUSSEN 270 MATE OAK CIR / WOIO MH 55356 MOO S 36 04-I17-23 03 0004 1OLD7- 00700 CRYSTAL BAT RO S E i L STRICKLAND EDWARD E STRICKLAND 780 OLD CRYSTAL BAY DO WAYUTA IN 55391 38 04-117-23 43 0009 FOX ST U i E PETERSON DAVID DAVIO E PN WAYS STREET SWEET TA MN 55391 WAYZATA 38 04-117-23 44 0003 00780 OLD CRYSTAL BAY DO S CHARLES 0 KALLESTAO EDWARD E STRICKLA3D 760 OLD CRYSTAL DAY RO SO WAYUTA MN 55391 1 RDA DATE wll? M r YTCIX 4R4 NpIEPIM COURY PROPE2=wn S PROPERTY 38 04-117-23 42 0026 PROP ADDR OWNER NAME ELIZABETH B SPENCER TAXPAYER STEVEN E LAURIE JENNIGES NAME/AOOR 10911 WEST HIGHWAY 55 ^ P 0 BOX 1398 PLYMOUTH MN 55441 r I4 r REPORT W. PE433401 PAGE 10 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TROE REPRESEMATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEMEPIN COMTY DEPARTMENT OF MOPE? TAXATION. T E BEST OF MY RNONLEDGE AND BELIEF DAT 0 L �N Bf•1 %iS�W I l S90.00. WET LAND tACro A� / 0 3 I I P 9<L— \ J o � o � N1 I house i, 1 I. 11 I 11.l3 lAr, TGrAI i �I l; r T.JSt Poo P In 49 � w Stubbs FRLl13 t `Fa�j a RL a •' L 'FRL NNE a k g I LTL .. ��p, av° L 4a0, Maxwell Bay C' T ry TIIT%""` To / ) ISM 04 is •' '4 .� fi O.. 1th —.o. R \ I CLr I 1'.. ©ohna DYp y1L�o �I •' Point, CRYSTAL RAY �./.,. jJ C9u ;n ., D \Minnetonka \ oX� ach \, ••f ' X 1 i , • 111 �'.1 � L f vette Bay •LC 3. f, J G__.i J. .r.s�{.. R D I, L Y LC -4/ ` FRL 1 .E > FRL 3 TL-13 1 S8.4c.r.s. I FRL- i ) \ 14.6 c.r. 4.3c.r. I20.6c.r.s. l LOuFI \ I FRL S I D6w.d4w CS I rRl- 4 ` 1 TL 14 T MB-1 % ~ 496c.E'. .s. / 4AB 2v__ 99.7 C.F.S. �...� TL-18 FRL 6 _ '( G F. c.� Q\ I !Y v. _ - FRENCH LAKE M B 3 NOR TN (', NINNETONKA YE \J CRYSTAL PROSPECT H 5 11.33 D. Intersections 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 banks 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 grading of the right-of-way to the extent deemed necessary by the City to provide an adequate sight distance. P. The crown of all streets, including intersections, shall be three percent (38) 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' Public Street - Residential Units 3-10 Over 10 28' R.O.W.* M.P.W.** 50' 28' 50, 32' Section 8" Class 5 100% crushed 3" 2341 Bituminous Surface 8" Class 5 100% crushed 3" 2341 Bituminous Surface Section 8" Class ., 100% crushed 3" 2341 Bituminous Surface 8" 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 Industrial Units R.O.W.* M.P.W.** 1+ 70' 32' • Right -of -Way Width J ** Minimum Paved Width ORONO CC 462 Section 8" Class 4 8" Class 5 100% crushed 4" 2341 Bituminous surface (4-1-84) �- g� 2. - visP,ad SBar are nR for J (.I -� - 1 Minis/, and Baroara O. (MI 1n of tot i. RIoct 1. /ORYUOO wddn jn Canty. Nlnnasou For Svaef I 49nWat —lYO1 21� r`f 4I�t R ..,a..«..0 _...o�, II'.W 3.,,� `• _. C /.� JAI wy GIttl"Itallal Oetan/tl Rn: lot Z. Rln<k 1, fOgD00 Taal aroa: y.a% eoei ]tale: I IMR • im fw OaM : au/aat t!, IVB1 li'y eim Aa•4M AeYf I.r: T P7 i� rs � �� ►All 11yy�� MIw,.� Ln�a l►yu�,e N-m WW)h R. COMO CO., IaK. fna.11 MM Land Srraaynit lqq U4a. "..'K, . l f. r u %t � pr.ppaed $NDdletsl.O for Gen.IF F. and Damara D. IOI IIn at Lot 11 DI.R 1. MANKIND Hennepin Canty. HlnIMSCta , 4a'w• I I � 43iR '� M1 zo.ml�I-I o I a- M s eTa'i 11 Existing Legal DescriptionLot g. Blatt I, FOAWD Fatal area: 9.49e atrcs COFFIN& GPONDFNG. INC. stele: 1 into . ion reef n neer. eini Innt'.,,., hale eogoel gi. 1984, emu, 1a xa /o To: Orono Council Members l.Uu 111936 Frosts Michael P. Gaffron, Assis Ant Planning 6 Zoning Administrator I`I?Y OF f>VIM Date: August 5,1986 Subject: 01051 Ronald Glesne, 1475 Cherry Place - Variance - Resolution This is a request for a lot area/lot width variance in order to declare a 0.64 acre lot buildable in a 1 acre zone. Lot width is 125' where 140' is normally required. Sewer is available. List of Exhibits Exhibit A - Designation Options of Front/Rear Lot Lines Exhibit E - Memo and Exhibits of 7/17/86 Exhibit C - Notice of Planning Commission Action Exhibit D - Planning Commission Minutes 7/21/86 Exhibit E - Resolution In reviewing this application, staff found that City Council minutes from 1971 indicate this property was to be assessed a sewer unit, since it was the fourth lot split off from a property that originally was only assessed 3 units. Although not specifically spelled out in the minutes, it is presumed that the $1,270 unit assessment was intended to be collected at the time a building permit was issued. We have searched City records and 'ind no receipt for the sewer assessment, and the applicant has contacted LLthur Alm, the original owner/subdivider, who has no records and does not recall paying the assessment. Staff recommends that the $1,270 sewer unit assessment be collected with the building permit. Additionally the standard $225 Sewer Trunk Unit Charge, 0e90 Park Fee, and $475 Sewer Availablity Charge (SAC) would be collected with the building permit. Hardcover on this lot will be limited to 30% or approximately 8,350 square feet. Planning Commission recommended approval 6-0 at their meeting of 7/21/86 per the 5 findings listed in the memo of 7/17/86. Discussion Itea The final question to be dealt with which was not specifically discussed during the Planning Commission review, is that while this technically is not a "through lot" because Cherry Place has been vacated, the probable location and orientation of the house will be towards vacated Cherry Place. The City and County would definitely prefer this, as it avoids an access onto County Road 151. The existing rear lot line at the east or Cherry Place end of the lot is actually just east of Gleans's fence, hence the 30' required setback would allow a house to be placed about 12' from the existing driveway/parking area. Staff recommends that, to be consistent with other house locations in the neighborhood, that a setback of 50' (or about 30' from the edge of the vacated road) be required. Zoning File #1051 August 6, 1986 Page 2 of 2 Staff would also note to the Council and to the homeowner that the yard between the house and County Road 151 is considered by code definition as the .front yard and that any accessory structures such as garages, pools, etc. proposed to be located in that front yard would require a variance to Section 10.03, Subdivision 9 (D). The alternative is for the Council, as part of this variance proceeding, to designate the east yard as the front (staff would suggest the requirement of a 50' setback) and designate the west yard as rear. A resolution reflecting Planning Commission and staff recomendations, based on the west-front/east-rear yard designation, is attached for Council's review, and can easily be revised to reflect your final action on yard designations. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) FILE #1051 WHEREAS, Ronald Gleans (hereinafter "the applicant") is the owner of the property located at 1475 Cherry Place within the City of Orono (hereinafter "City") and legally described as follows: Lots S and 9, and that part of Lot 7, lying Southerly of a line hereinafter referred to as "Line A" drawn Westerly from the midpoint of the Easterly line of said Lot 7 through the midpoint of the Westerly line of said Lot 7, Block 5, "Crystal Bay View", together with that portion of the Westerly half of Cherry Avenue vacated lying Southerly of the Easterly extension of said "Line A", and Northerly of a line drawn from the Southeast corner of said Lot 9 Easterly to the Southwest corner of Lot 9, Block 4, All in "Crystal Bay View", according to the map or plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County, Minnesota, ALSO, the South 125 feet of the North 250 feet of the South 1074.7 feet of that part of Government Lot 5, Section 7, Township 117, Range 23 which lies Easterly of the center line of the County Road as now opened and traveled near the East line of said Section 7 and as shown on the plat of Highwood, Lake Minnetonka, (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 eermit the construction of a residence on a property containing 0.64 acres where 1.0 acres is normally required, and of width 125 feet where 140 feet width is normally required. NOW, THEREFORE, BE 1T RESOLVED by the City Council of Orono, Minnesota: FINDINGS This application was reviewed as Zoning File t1051. 2. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on July 21, 1986, and recommended approval of the proposed variance based upon the following findings: Page 1 of 4 A) This lot was created and approved as a buildable lot by the City Coun^i 1 in 1971, in effect granting a variance to the 1 acre zoning cone in effect at that time. That variance is deemed to have expired as of the January 1, 1975 zoning code, necessitating granting of a renewal variance at the present. B) The lot area and width is consistent with existing developed lots in the immediate neighborhood, and is not inconsistent with other lots currently developed within the LR 1B zor'ng district. C) The lot has remained as a separate tax parce since it was created. D) Sewer is available to the property. However, the sewer unit assessment has never been paid. E) The property bar legal access to County Road 151 (North Arm Drive) and potential secondary access over vacated and unvacated portions of Cherry Place. 4. A rear lot line setback minimum of 50' rather than 30', for the principal residence would ensure an adequate degree of setback consistency wi+h other existing houses in the immediate neighborhood. S. The City Council has considered this application including the fin..ings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and t! a effect of the proposed vartance on the health, safety and welfare of the community. ..he 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 ttaff - conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable hardship or difficulty; is necessary to preserve a substantial rroperty 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, OW AM 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 permit the construction of a residence on a property containing 0.64 acre area and 125 foot width where 1.0 acre area and 140 foot width are normally required, subject to the following conditions: 1. A sewer unit assessment of $1,270.00, standard $225.00 Sewer Trunk Unit Charge, and $390.00 Park Fee shall be collected at the time a building permit is issued for this property. Page 2 of 4 2. Total hardcover on the property shall not exceed or approximately 8,350 s.f. 3. Access to the property shall be via Cherry Place and vacated Cherry Place over easements granted by the applicant and adjoining property owners. 4. The east lot line of this property coincides with the center line of vacated Cherry Place and is considered the rear lot line. on this property, a special rear lot line setback of 50' is hereby established for the principal structure in order to maintain a setback consistent with the existing Lghboring residences. 5. The applicant _ ,dvised that no accessory structures are allowed between the principal residence structure and the front lot line (west lot line along County Road 151) and that any proposal to construct such accessory structures in that portion would require a variance. 6. Authorities granted by th '.s ariance 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 thin variance will expire on that date (August 11, 1987). 7. Violation of or ncn-compliance with any of the terms and conditions of this variance shall constit a violation of the zoning code, shall auto, atica1 y terminate any hority granted herein, and shall be punishable as ,. mibdemeanor. 8. The undersigned applicant has read, understood and hereby .green to the terms of this resolution and on behalf of himself, his heirs, successors ara assigns, hereby agrees to the recording of this resolutic, in ,e chain of title of the property. Adopted by the Orono City Council on this filth day of August, 1986 ATTEST: Dorothy M. Hallin, City C.TiK Property Owner(s) Mary C. Butler, Mayor Page 3 of 4 R n..r Lof LINE 0yo EX/5riv6 a O PIOuSg � �� Rn r VACArn NV =Nor Jpce'tD ,2EP2 LOT Lµ+E I. V s SEw� .s rr.�B 3c> FEM Yam° t� I5d o YAkp EX�sriN G �GNeae,F r+�sg s I\10 1. co. RP. Is'I t Stit „ n Z 2 � ti f r1 r v ' , =VPUrn �n AN • Nor VAtck et TO: Mayor Butler Mark Bernhardson, City Administrator Orono Council Members Planning Commission Members PROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: July 17, 1986 SOBJ: i1051 Ronald Glesne, 1475 Cherry Place - Variance - Public Hearing Zoning District - LR-1B, 1-Acre Application - Lot Area - Lot Width variances to construct a residence on a substandard lot. List of Exhibits A - Application B - Plat Map C - Property Owners List D - Survey E - Council Minutes of Fall 1971 Pertinent Facts Existing Required Variance Lot Area 0.64 acre 1.0 acre 0.36 acre Lot Width 125' 140' 15' (existing lot area excluding 33' right-of-way of Cty. Rd. 151) Discussion In 1971, Arthur Ahlm subdivided hi, ,rty on Cherry Place into 4 lots, each of about 2/3 acre, ai ed in the Council minutes of October & November 1971. Ahlm had been previously assessed 3 sewer units for the entire property, hence the minutes state that a 4th unit would be assessed with the division into 4 lots. In 1972, three of the four Iota were built on, leaving the fourth lot (at "1475" Cherry Place) vacant. Glesne bought his home at 1470 Cherry Place in about 1972, and bought the vacant lot from Ahlm in 1976. The Glesne house is connected to sewer at Cherry Place. The vacant lot, which Mr. Glesne now wishes to sell as a building site, has a sewer stub available at North Arm Drive. Staff as of this writing has found no record that the 4th sewer unit was ever paid. It was customary at the time to collect the $1270 se•+er unit when the building „ermit was issued. This apparently remains to be collected. The subject lot is 0.64 acre or 64% of the required 1.0 acre, and 125' wide or 891 of the required 140' width. This lot has remained as a separate tax parcel since 1971. Zoning File ►1051 July 17, 1986 Page 2 of 2 Cherry Place has been partial.y vacated and functions as a private driveway serving the last 3 houses on the south end. The vacant lot would logically access onto this private roadway, although its legal access is to North Arm Drive. Gleans's existing house at 1470 Cherry Place is on a lot of 0.68 acres. Although no survey was submitted for that property, a site inspection notes no apparent encroachments into the 0-75' lakeshore setback, and a 75-250' hardcover of about 13.6%. Cemparison of Nearby Lot Areas - Twelve of fifteen existing developed lots on cherry Place are 0.60 acre or smaller. From the 1984 Common ownership study: -43% of lots in LR-lB district exceed 0.80 acre -560 of lots in LR-18 district exceed 0.60 acre -791 of lots in LR-lB district exceed 0.40 acre Staff NaocMMendation - Staff would recommend approval of the Lot area/lot width variances based on the following findings: 1. This lot was created and approve: as a buildable lot by the City Council in 1971, in effect granting a variance to the 1 acre zoning code in effect at that time. That variance is deemed to have expired as of t;ie Janurary 1, 1975 zoning code, necessitating granting of t renewal variance at the present. 2. The lot area and width is consistent with existing developed lots in the immediate neighborhood, and is not inconsistent with other lots currently developed within the LR-lB zoning district. 3. The lot has remained as a separate tax parcel since it was created. 4. Sewer is available to the property. 5. The property has legal access to County Rd. 151 (north Arm Drive) and potential secondary access over vacated and unvacated portions of Cherry Place. Staff would suggest the following conditions of approval: 1. $1270 sewer unit assessment and standard $225 sewer connection char. and $390 Park fee to be collected with building permit. 2. Total hardcover on property not to exceed 30% or approximately 8350 s.f. 3. Access to property shall be via Cherry Place presuming that the abutting owners of the vacated portion of Cherry 6-0 Place will grant an access easement. A~e /e 2 /-f-, /-3 tISCu SS rnrs P[DF ro tpuNe,L 1 ;is0 Iha.• . , SG-00-5'9— CITY OF ORONO - VARIANCE APPLICATION Initial Application Pee $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 /3/706V-V1k,4 Property Identification Number Please check one - Is the property _ abstract or �torrens? Please attach legal description to application if not included on required survey. APPLICANT (A) Name`�'q, kfi:S Nc [� Phone Mailing Address %'i 7 O N s ttvu i- 9lp u- Name Phone yil-7VA3 Mailing Address Date Property Acquired /VcW!- ,` , IT /!o (month/year) I (do -(do not) also own the adjacent parcel,# of land. ________________________________________________________ PRESENT USE OF PROPERTY Present Zoning District J-R- I e) Present Use of Property / ' Residential h.�� "ther (specify) DESCRIPTION OF REQUEST - Estimated Construction Cost $ Describe request in detail: VARIANCES REQUIRED I,/_ Lot Area Lot Width Hardcover Setback Variances ( Front Side Rear) Other 7'25''8L r-'a (h+b jr, r F. Mr6 F,n c �n.wrrc r7r.v S.Tr.A Describe undue hardship or practical � ^difficulty resulting from strict @nforcemgnt of zon}ng regt"tions; 1 W-4,/ r,,, liW,; DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: REQUIRED SUBMITTALS OCompleted Application Form Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 covt Center' 348-3271). 3O. Stamped, legal sized envelopes (A10) pre -addressed to each of the names on the above list w4th no return address. QCertificate of survey including hardcover calculations as required. Ll 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 bben 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 suppl is truea d correct to the best of his/her knowledge. Applicant's Signature Date - eeAz a 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 mem , and C i it members for purposes of investiga- tion and verificatio of his r Owner's Signature ------ -__--- Date---li+A- 6 Owner --_Signature ----'----- ---'------ --- --------- 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. INA `�//'23 4a ALVIV k FIHM COUNTY SURVEYOR •E MENNEPM COUNTY Ulm,;, 7 '/216b — 2775 Q� e / Ian Is`I pp13 sa3� t IMF: i91dCI (11 / 11 E � — 9 a(9al • s IS s—� 16 11j �1e - .. I .. i . I1920�ty/ (CORO NI OR SWRE g- 117_`Z 33 RUN DATE 06/27/86 BATCH O04 38 07-1 V-23 44 0067 ♦ PROP QDR 01505 NORTH ARM DR =JER NAME C A R PETERSON TAXPAYER CHARLES H A RAMONA PETERSON NAME/ADOR 1505 NORTH ARM DRIVE WORD MI 55364 38 07-117-23 N 0070 MOP ADOR 01461 NORTH ARM OR TSNER NAME D A J KOCH TAXPAYER DONALD KOM NAME/ADOR 1461 NO ARM DR MOLRU HIM 55364 r 38 08-117-23 33 0015 PPOP AOOR 01430 CHERRY Pl. CNER HAMS DAVID 6 OPHEIM A RIFE r TAXPAYER DAVID 6 OPHEIM NdME//OUR 1430 CHERRY PLACE NCNNU 103 55364 ♦ ]8 08-117-23 33 0015 PROP ADOR 03928 CHERRY AVE ♦ OJNER NAME DONALD R O'REILLY R RIFE TAXPAYER DONALD R O-REILLY NAME/ADDR 3928 CHERRY AV MOIl10 MN 55364 38 08-L17-23 33 0024 r MOP ADOR 01445 CHERRY Pl. WIER NAHE R A R ^LSCH TAXPAYER ROBERT F OLSON NAME/ADOR 1445 CHERRY PLACE 4P, MOUO MN 55364 r PROP A TAXER NI HA R TAXPAYER TOTAL BATON 004 00015 � HAMIi Au0Q r HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 PROPERTY OWNERS LIST PAGE e 38 07-117-23 44 0068 W 07-117-23 44 0069 01493 NORTH ARM DR 01477 NORTH ARM DR MARY L KIRK WRY E HILGERS MARY L KIRK GARY E HILSERS 1493 NORTH ARM DR 1477 N ARM OR HOMO HN 55364 MOTO MI 55364 _ W 01-117-23 44 0071 SB 07-II7-23 44 0072 01453 NORTH ARM OR 01437 WORTH ARM OR Al A D BENNETT A R F BENNETT ETAL �O WILLIAM S DCRIS SENNETT JR W F BENNETT 1453 NORTH ARM DRIVE 1437 IORTH ARM OR ' HEAR81 3N 55364 iA1T0 MIN 55364 - 38 08-117-23 33 0016 38 08-117-23 33 0017 01450 CHERRY Pl. 01470 CHERRY PL l FLAVIAN H MIELLER ETAL RONALD L GLESNE ETAL G FLAVIAN H MIE LLER RONALD L SLEEK 1450 CHERRY PLACE 1470 CHERRY Pl. `�• M0t8D MN 55364 MOIFL MI 55364 c A'>s 3S 08-117-23 33 0019 38 08-117-23 33 0023 03926 CHERRY AVE 01435 CHERRY Pl. ETAL ALDEN J PURVEY" ALOEJ FURVEY EVANS E04 ETAL EVANS NSON M ' 3926 CHERRY AVE 1435 CHERRY PLACE RITRO RN 55364 M.OMO MN 55364 38 08-117-23 33 0025 38 08-117-23 33 0026 RONALD L SLEEK A WIFE A J PWVEY ETAL -y RONALD L 61FSNE A J PURVEY 1470 CHERRY PLACE 3926 CHERRY AVE MOUND MN 55364 M11R83 MN 55364 - I RLN BATE 06/27/86 "TC. 004 HEMEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONNERS LIST REPORT M. PI435401 PAGE 9 I CERTIFY TNAT THE FACTS REPRESENTED ARE AH ACCURATE AND TRUE REPRESEMATIM OF INFORMATION AS IT APPEARS THIS DATE DN THE RECORDS OF THE HEMIEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION. YdqNE BEST OF MY DDNlEB6E AID BELIEF. � ' /f//j, DAT� Certificate of Su,i,, for Ronald L. Gleli— In Lots 0-9. Block S,"Crystal T 'lev" t Section 2-II7-23 R.RReple County. nnnesota 77 ., r,.aY • ...arY4rr ,coot .( ,.x,/ uv as a ;yyI e 2 u as I I hit I 7 rAY A/'i,v OI ]l ACMf I hereby Ify that this n a true and correct representation of a survey of the mundarles of Lets 0 one ., and that part of tot p, lying Southerly of a 'no hereinafter mf.,red to as 'Lin. A" dram xaslerl5' free the midpoint of the Easterly IIn. of soIu Lot ] through the nidpolnt of the West. erly Ilne of said Lot 2, Bloc`. 5. "Crystal Bay VIs.', together With that port l en of the Westerly ha if of Cherry Avenue vacated lying Southerly of the Easterly extension of said "Line A', and Northerly of a line drain fresh the Southeast comer of said Lot 9 Easterly to the Southeast corner of Lot 9, 010'. a, All In "Crystal Bay it�W. according to the map or plat thereof on file or of record In the offi0 of the Re91,ter of Beads in and far sold ❑imepin County. Minnesota, ALSO, The South 125 feet of the ikrth 250 feet or 'ne South 1024.2 feet of that part of Goverment Lot 5, Section ], T.xhShlp 112, Range 23 mlen Iles isterlr he ,,inter line of the County Road as noo o,ned and traveled near the East line of said Section I a on the plat of 11,luxecl. Lake MIOOe Nnka, the location .f all existing W IIdin If thy. t. '.o' and existing "hardeo:or". It dee: trot OirCart to She. eny L[ cr Lepr.rR�nts or encroachments. COHili b GROICIERG, ❑IC. Data : 0-27-06 na A k'S-6PLa id-Lh-rI4T�2RS Seela: 1' n End,neers 6 Lad S•rveyer, . Iron market long Lake. Ipnne:eW VILLAGE OP 011011!0 is^!,tlor 1-03oting of the Villago Council, 7:30 P.A. ltoronbor 0, 1971 Tito Village Council not on Lilo above data with the following monbors present: 'Ayer YL �� iV�l•� �,��J ��`'[J 0oritauser, Councilman Frontal, IlcCarthy, �• J LW ` and Searles. Councilr_sn Dora absent, f_ �GUIi?f.�Fc�J CGuncilman Frontal loft early. Pr$ntol moved, Searles seconded, that the 'linutes of Lilo Belittler Ilactillp of October 26. A-1TES 0...ober 26, 1971 1971, be approved. ,!DtioA, Ayes (4) - Hays (0). P-rnzol moved, Searles seconded, that !'le ;Jinutos of tiro Canvass Board hooting of TIINUTES No'-^•mber 3. 1971 Noaccber 3. 1971 be approved. llotion, days to). Ayes (4) - Searlos moved, ileCorthy seconded, that tae roquost of, Arthur Ahlm, 14SO Borth Arm drive, DIVISION 14SO North Ara Drive for a division, subject to the recocmandation of the Public Works Director on toe matter of easements, be approved. .lotion, Ayes (4) - days (0). liccarthY moved. Searles socor:ded that a ppublic hearing be !told Jococbor �,, L971 at REZONING 3599 Lyric Avenue 7:30 P.:i. before the Planninh Coma-:sion on the matter of reteninp for the G 6 S Cabino to, 3S99 Lyric Avenue. •lotion, Ayes (4) - Nays (0). ruarles coved, LlcCarthy seconded, that it be resolved that Pat-ick :tells' final plat FINAL PLAT 820 Sirth Avenue North fpr 820 Sixth Avenue North be approved. Nays (05. Notion, Ayes (4) - Coaries moved, Frenzel seconded, that the DIVISIOd rcquoat of Robert ,lielk• 2765 Pox Street, 2765 Fox Street :")r a division, be refosrod buck to tiro Henning Commission for further study. ilotion, Ayes (4) - (lays (0). Prrnzol moved, Searles accondod, that the IOu,VJ FM CWHTRhCT 1972 ilound Piro Contract, be approved. I:itioa, Ayes (4) - Nays (0). S=T1:13 moved NCCarthy seconded. that the one NtNtw bid atrard-of IS.417.50 to tit nor Oros. for uidr..or Bros. uctcrt-nin extension$ to Vora Llatcrs a1111 Itebort Smith propportioa on Casco Point, �::'+joet to Leo Villa Co Attorntoy's approval, I , gt.2ptud, llotion, Ayes (5) - Nnya (0). TO: FROM: DATE: SUDJzCT: Ralph Martin Mike Schaller November 2, 1971 Division - Arthur Ahim - 14SO North Arm Drive Arthur Ahlm owns Lots 6-7-8-9, Block 4, a •6-78-9. Block S, i Crystal Bay View. He proposes to rearrange hie n.: four tracts. Tract A to be 5-6-and S-1/2 of 7, Block 5, 30.5001, Tract B to o* Lots 6-7, Block 4, 27, 000'; Tract C to be Lots 8-9, Blr 4, 2",. and Tract D to be 8-9- and S-1/2 of 7, Block S, D,000'. the area is in the R-1f: zone and :.r lead by saver. He is assessed for three units.. VILLAGE DP OROVO Eogulnr hooting r.f the Planning Commission, 7:30 P.11. Novembor 1, 1971 Iho Planning Commissioa mot on the above date with the following members present: . Chairman Poisson, Butler Ilay9, llarfurth, 'pRf1 +7AS © �' Cullborg, Nicholls, sod luouthworth. Coach 7 'FEE, lip and guhlor..oior late. Elliott and Ryerso �,+WLIU�1�Ii/�Y :•bsent. Entering in the discussion with 6-mb0ra wore Hossrs. Van Most and Sherman. Themeetingopened at 7:30 P.II. continuing DENSITY STUDY the density study from the past two meetings. Hays moved, Nicholls secondode to approve, in e5senco, the recommondations of Councilman euonrles to amend the zoninn ordinance clr.riEying density in tae R" zones. r•11bore moved, Sr aworth soeonuod, at b-Eoro reaomr..andat. it be made further study should be made. Ilotion, Ayes (4) - Hays (3) . Butler, klays, and Nicaulls Nay. Art Ahlm rr--esented himself in a rearrange- DIVISION marl . e1. parcels and a division of 14SO North Arm Drive L Ile i, Crystal Bay view. Tract A w atslst of Lots S 6-and R•y of 7, Ot 30 30D1; Trace B eo.: •1 consist of Lot.. .1, Block 4, 27, 0001; Tract C would consist of Lots 8-9, Block 4, 29.0001 and T:.ct 0 would consist of Lots 9-9-and S-h ' 7, Block s, 30.0001. ilenb:rs studied the plat of the area to evnluato the density of the aren. As Jr. Ahlmpointed-out, most of the surromtlitg ho:::sitos consisted of a comb illation of two lots and me wore ev, on single lots. llombors tied required Ar. o to get an opinion Eton the surrouh,. s property tr.:eors roearding the division. Ile aad a letter from six adjacent property owners saying t.toy :tad no objoction to the division. Mr. Ntlu was and it hoe minty sower units he :.^.Y ¢ .,I,utrg 17 L35C1a0d and io replied throe. Iho was 5�,.e c(17iscd tile if the division was auprovod c::o•:hor writ would bo assessed age- J: We property. Nar'urth moved, Butler seconded, that approval be rocicnondod to two plat as er i by !Jr. Coffin subject to the craation of void and utility assonant of ."1 as n1r)uu on the plat as Cherry Flaee. :'ution, Ayca (9) - Nays (0). IIIUTCS OF A RDGULER ILUING WILL) OCi00LR 10, 1971 Donald Arnoson, 2600 Casco Point Road, rcptoscntod himself in an application for a ccnditional use pormit to drodgo a c,uannol 501 wido, 301 long and 6' deei, so he could bring r boat to his shorolino. There would be approximately 10 yards removed, all to be hauled air .. Ile brought out that this was not marshland and .;o was not creating new lahosaore. Gasch stated sho looloi-I at the site from the shore and affirmed his statement ho was not creating now lskoshore. Butler said she wont to the site in a canoo'alid pot stuck in too slit trying to got to snore. Nic[uolls moved Xullber- so-onded, that tee conditional use pornit ,o approved. ,lotion, Ayes (9) - Nays (0). Arthur kilm,14SO Nort,u Arm Drive, represented himself in a division mud combination legally described as Lots 6- 7-0-9, Block 4 and Lots 5-6-7-6-9, Block S, Crystal Bay View. lie wishes to consolidate this into 4 parcels. Parcel A to consist of Lots 6 4 7 Block 4, 100' X 25011Tract 0, Lots 0 0 9, Block 4, 1001 A 2501- Tract C, S 0 6, Nh of 7, Block 5, 1251 X 1601 and 0 0 9, Sy of 7, Block 5, 12S1 X 1704. Ile stated he was assessed for 3 sever units on the Saga Hill project. ;lociors now studied density in the area. BroaOet out was that almost everything in Cie area was a combination , I lots, also that there were rime 501 lot_. Elliott moved, [lays socoadod twat from horccn, applicants consult with end bring in written opinions of adjacent property owners when snplying for divisions requiring varinncos. I .ion, Ayes (9) - Nays (0). Nr. Ahlm was instructed to comply Wth X.wis request and bring letters to tao : meeting. T❑o file of Ev Ccyon, 3559 Lyric Avenue 1)0'cr,-_^4l its made application for rezoning Zau.a R-ID to B-1 of Lots 1 6 2, Block 5, Navarro, in 1969. In lieu of tno rotewuwn, the Villago Catacil gave him a varianca at tacir mooting of July 200 1969 to us tLwao lots ns n parking lot in conjunction ith pis B-1, Lots 14 0 is Block S. Ilomoors could not understand what Aventago Gworo would be to rezoning over the vuriance gr.mtod. (Contiuuod) Page 2 CONDITIONAL USD PEWAIT 2660 Casco Point Road HIS IiEn fins$ DEE[] JIVISIO.i 14SO North F.. Drive RC MMIG 3559 Lyric Avenue T0, Ralph Martin F807L Mike Schaller DATC, October 8, 1971 K3, 39, 600, Arthur Ahlm aims lots 69 7, 89 9 block 4, a and 9 block 5, Crystal Bay View, He propoacs to 4 tracts, Traota (j to be Iota 6 and 7 blocs 4. Trot C1 to lots 8 and 9 block 4, ror: to ba 9g, 6 and 91y 1/2 of 7, Block 5 : to ba 8 and 9 and Sly 1/2 of 7 Block area Is in the B 1C zone and servleot �u O e O 7. 8o :o this into ZONING FILE NO. 1051 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 7/24/86 ----------------------------------------------------------------- TO: Ron Glesne COPIES TO: 1470 Cherry Aven-e Mound, MN 55364 --------"-------------------------- TYPE OF APPLICATION: XX Variance ----------------------------------------------------------------- DATE OF MEETING: 7/21/86 VOTE: 6 For 0 Against Planning Cammission recommends the following: XX Approval: Subject to conditions noted below NOSES AND SPECIAL CONDITIONS: Per conditions as listed in staff memo of 7-17-86. This item will be presented for City Council approval on August 11, 1986. ------------------------------------------- Applicant's next scheduled meeting is confirmed as: Council Monday August 11, 1986 If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 21, 1986 #1048/11049 WASHINGTOI SCIENTIFIC continued Mr. Unger stated that to add on to the existing building would require changing of aisles etc. diminishing the useable space now within the main building. He also noted that their proposal would be the same even if the main building were already sprinkled. Mayor Butler, who was the Council representative at the meeting, suggested that the Planning Commission give direction to applicant regarding a variance to the moratorium before they spend more time with discusr'.on. Mr. Unger stated that he felt the variance being requested would have a minimal effect on the moratorium. Chairman Kelley noted again the issue of a service road for W.S.I. might have an effect. Mr. Unger stated that if they were to put in a service road along the railroad tracks, they would provide landscaping to screen the building. McDonald noted that applicant was not made aware of the moratorium and applicant indicated that tabling this matter until the study was done would be a hardship to their operation. It was moved by Callahan, seconded by Bellows, to table and continue the public hearing until the Hwy. 12 Corridor Study Moratorium is lifted (approximately September/October). Motion, Ayes 3, Nays 3. Kelley, McDonald, and Taylor voted nay noting that the applicants were not told about the moritorium until tonight. Recommendations made to applicant before they bring this application b;ck tc the Planning Commission for consideration wcte: -sprinkling of the main building be resolved -Fire Dept. recommendation of safety of chemical storage It was moved by Bellows, seconded by Chairman Kelley, to table this application until the main building is f - brought up to code or an approved plan submitted to staff. Motion, Ayes 6, Nays 0. #1051 RONALD L. GLE;_�E 1475 CHERRY PLACE VARIANCE PUBLIC REARING 10:02 - 10:07 The Affidavit of Publication and Certificate of Mailing was noted. 10 MINUTES OF THE PLANNING COMMISSION MEETING BELO JULY 21, 1986 41051 GLESNE continued Assistant Zoning Gaffron explained the request for lot area - lot width variances to construct a residence on a substandard lot. He reviewed the history of the subdivision into 4 lots (each approximately 2/3 acre) which occurred in 1971 of which three lots were built on. In 1971 it was customary to collect the $1270 sewer unit fee at the time the building permit was issued. No building permit was ever issued for the 4th lot, and staff finds no record that the 4th sewer unit was ever paid. Staff recommends that if the applicant is unable to verify that the sewer unit was ever paid and the city can find no record of it being paid, it must be collected when/if the building per. it is issued now. Ronald Glesne was present for this matte., as weae the prospective buyers of the lot, David & Cheri will. Mr. Gleans stated that he talked to the previous owner, Arthur Ahlm who subdivided the property, and Mr. Ahlm no longer has those records nor can he remember if the the sewer unit fee was paid. David Will stated that he did not feel that they should ha.e to pay this fee and that requiring them to pay the fee may make the difference as to whether or not they can purchase the lot. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Bellows, to recommend approval per staff recommendation and conditions as outlined, including Condition O1 requiring the sewer unit fee to be collected with issuance of a building permit. Motion, Ayes 6, NaYs 0. Chairman Kelley advised the propsective buyers of the property to meet with staff regarding the City's hardcover regulations. 11052 JOHN T. SPENCE 2040 NORTH SHORE DRIVE VARIANCES PUBLIC HEARING 10:14 - 10:25 The Affidavit of Publication and Certificate of Mailing was noted. Zoning Administrator Mabusth explained the request for variances to build a new 8'x6' shed and to replace 56 lineal feet of a 3-1/20+ privacy fence within the lakeshore portion of his property. The original shed and section of the lake yard fence were damaged in an automobile accident within the past few months. 11 TO: Mayor Butler "v i' �ttm mhk I IAG Mark Bernhardson, City Administrator Orono Council Members AUG 111986 Planning Commission Members FROM: Jeanne A. Mabusth, Zoning Administrator �iCIfY OF OWN DATE: July 16, 1986 SUBJ. i1052 John T. Spence, 2040 North Shore Drive - Multi,le Variances Pertinent Ordinances - a) Section 10.22 Subd. 1 & Subd. 2 - Structure and hardcover proposed within 75 feet of lakeshore. 1. Setbacks: Shed - proposed = 30' variance - 45' Pence - proposed 56' of replacement at 43' variance = 32' 2. Hardcover: Allowed = 0 Proposed = 48 s.f. b) Section 10.23 Street setback variance .equired for reconstructed shed. Required - 50' Proposed = 16' Variance - 34' or 68% c) Section 10.03 Subd. 6(B), Section 10.03 Subd. 9(A) - Accessory structures on a property that does not contain a principal structure. (Subd. 6(B) will not permit credit for principal _uctures on west side of County Road 15. List of Bshibits A - Application S - Property Owners List C - Plat Map D - Legal � scription of Property B - Sketch of lakeshore Review of Application - Mr. Spence seeks multiple variances to build a new shed 8'x6' and replace 56 lineal feet of a 3-1/21+ privacy fence within the lakeshore portion of hi ,roperty. The original shed and section of the lake yard fen,- were damaged in an automobile accident within the past few months. The application notes that this has been the third similar accident since 1968 involving major damage :o hie property. Zoning File 41052 July 16, 1986 Page 2 of 3 The existing solid fence in its present location at the base of the road bed is not visible from the elevation of the road but obviously has served to protect his property from trespass and provide privacy. In the summer the shed is hidden by tree and shrub foliage. The higher road elevations also tend to obscure the structure when viewing lakeward. Applicant want o rebuild the shed in the same location. In a recent amendent approved by the Council, lockboxes on such lots would be permitted if they did not exceed 20 s.f. in area and 48 inches in height. The proposed shed is 48 s.f, in area and 61+ in height. The shed is currently loca��d 6 feet from the south property line. The shed must be rebuilt 10 feet from the lot line or another variance would have to be granted. If structure is moved closer to base of road bed, this would provide less visual impact from road and lake. Staff has been advised that applicant requires the additional height because of the size of items stored in structure. Planning Commission may consider an expansion in size if applicant builds at the 48 inch approved height - another step to reduce visual impact but will result in more hardcover. Staff Recommendation - To approve the multiple variance application of John Spence to allow the applicant to rebuild structures damaged in an auto accident located within the lakeshore portion of his property and located at 2040 North Shore Drive based on the following findings: 1. An accident created need to make major structural repairs to non -conforming structures. 2. The structures have existed on his lakeshore property for several years. 3. There is no visual impact created from the lake or roadway by the subject structures. 4. The proposed use of the structures are recognized as conforming residential uses. 5. The City has always recognized the unique problems associated with l-keshore lots divided by public roads and has responded wit,.in reason. Zoning File 41052 July 16, 1986 Page 3 of 3 6. The higher elevations of the adjacent road bed provide vision barrier for structures on applicant's lakeshore. 7. The fence and shed create no hazards for the pedestrian or vehicular user:. of the roadway. S. The fence or shed will create no lake view problem for surrounding lakeshore lot owners. Approval subject to the following conditions: 1. Fence to be rebuilt of the same building material and at the same height - applicant must specify. 2. Shed must be rebuilt 10 feet from southern side lot line and at the proposed dimension of 8'x6' but may not exceed 6 feet or 72 inches in height measured from existing c-ade based on elevation of adjacent road bed. August 6, 1986 Additional Co nts and Planning Co®ission Recos endtion: The applicant has revised his original request for premission to replace the entire run of fencing (total of 95 lineal feet) along street side of lakeshore property with 3 h feet high solid cedar fencing. Planning Commission felt applicant's request to rebuild shed using existing foundation was acceptable and recommends grant. side setback variance of 4 feet from shared lot line with C•.1- owned land (south side) finding use of existing foundation will result in less disruption of lakeshore yard area and existing plantings and road elevations, provide screening from lakeshore and roadside at present location. -"he enclose resolution has been drafted per Planning Commission recommendtion. If Council finds the findings of staff and Planning Commission not acceptable because of the danger of establishing a negative precedent in dealing with similar requests and that the findings do not present a unique situation or acceptable hard- ships, direct staff to prepare a resolution of denial for action at your August 25, 1986 meeting. A RESOLUTION GRANTI14G A VARIANCE TO MUNICIPAL %OWING CODE SECTIONS 10.03, SUBDIVISION 9 (A), 10.03, SUBDIVISION 15 (F), 10.22, SUBI,IISION 1 i 2 AND 10.23, SUBDIVISION 6 (B) FILE t1052 WHEREAS, John T. Spence (hereinafter "t applicant") is the owner of the property located at 2040 North Share Drive within t' City of Orono (hereinafter "City") and legally described as follows: Commencinc at the Southwest corner of Lot 6, Elbridge South Barnes 1st Subdivision of Section 10, Township 117, Range 23; thence Southeasterly 295.08 feet along tha Southerly line thereof; thence Southwesterly at right angles 207.06 feet to the actual point of beginning; thence at an angle to the left of 9 degiees 09 minutes to the north line of County Road No. 51; thence east along said north line and the same -. xtended to the shore of Lake Minnetonka; thence Northeasterly along said shore line to its intersection with a line par with a d 207.06 feet southwesterly from the Southwesterly line of said Lot 6; thence Northwesterly along said par line to beginning except highway, PID 10-117-23 31 0002; (hereinaft,- "the prcyerty"); and WHEREAS, the applicant has aE_,ied to the City for multiple variances to Municipal Zoning Cod, Sections 10.03, Subdivision 9 (A), 10.03, r bdivision 15 (F), 10.22, Subdivision 1 and 2, ano 10.23, Subdivisi.on 6 (B) to permit the reconstruction of an accessory structure 30 feet from the Lakeshore instead of the required 75 feet resulting In 48 square feet of hardcover within the keshore protected area where none is :lowed, to rebuild structure 6 .eet from side lot line insteat ..f required 10 feet and 16 feet from street lot line instead of required 50 feet and to permit the continued use of an accessory structure on a portion of applicant's property that does not contain a principal structure. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, F:1:DINGS This application was reviewed .s Zoning File 41052. 2. The property 's located in the LR-lA Lakeshore Residential Zoning District. Page i a_` 4 3. The Orono Planning-�mmission reviewed this application on July 21, 1986, and recc: ended approval of the proposed variances based upon the -^llowiny findings: A) An . ccident on County Road 15 created _d t� make major st •tral repairs to nor. -conforming structures. B) Applicant reports that this is the third incident it property damage sustained by th• applicant from traffic accidents since 1968. C) The fencing and accessory shed have existed on t.e property for several years. D) The structures t.�ate no visual impact from lakeside nor the adjacent roadway. E) The proposed ;se of the structures ara recognized as conforming res '-nt.ial uses. F) The higher elevations of the adjacent roadbed provide a vision barrier for structures on applicant's lakeehore. G) The fenc and shed create re hazards for t,.a pedestrian or vehicle u rs of the roadway. R) The fence . sr.ed will not block lake vtew^ of or rounding lekeshore lot owners. I) Applicant's r•-idence ie located to the immediate we on the opposito of County Road 15 • gym the lakeshoi,e property. 4. The City C •:ncil has -,,aside •ed this application including the findings and recomm, tio..0 of the Planning Commi-sion, reports by City staff, comments uy the applic and the :feet of the proposed vari-nce on the health, safety t welfare if the community. 5. The City r- noil fit. a th..t the conditions exist'ng or: this property are 'nr to it and :o ne' apply genera'. to r+ Oro, irty in t1, . -on!ng distri•-t; that gr--t.ing the var! wou .i not adveree�iy affect trAfiiC co;.diti. s, light, ai. pose a fire hazard or other danger to neighbor: g property; would not merely serve as a cor••enienc, t, he applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantiz' • onerty right of the pplicant; and would be it: keeping wi ' spirit ai intent of •Ne Zoning tode and Compre =naive P1: u. ..nc City. Page 2 of t CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to the Municipal Zoning Code Sections 10.03, Subdivision 9 (A), 10.03, Subdivision 15 (F), 10.22, Subdivision 1 and 2, and 10.23 Subdivision 6 (B) to permit the reconstruction of accessory structures recently damaged in an automobile accident on a property that does not have a principal structure requiring side, street and lakeshore variances, subject to the following conditions: 1. Shed must be rebuilt over existing foundation of 8 feet by 6 feet and must not exceed a height of 6 feet or 72 inches above existing grade. 2. Fence must be reinstLI led in present location and must not exceed a 3 k foot height above existing grade. 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 1. gust 11, 1987). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has r_..- d, understood and hereby agrees to the terms of this resolutj,,, r,.nd on behalf of himself, his heirs, successors and assigns, herety agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this llth day of August, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Property Owner(s) Page 3 of 4 5,2-o 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 20'70 /(%rw-r.M Property Identification Number (P.I.D.) /D -117 -Z3 3 1 D bb2 Please check one - Is the property _ abstract or _ torrens7 ? Please attach legal descriptior to application if not included on required survey. APPLICANT T Name J O 4NJ 1 1 S PC'N GAS Phone �i- ,I -- Z I I Mailing Address ?— Yn N . .� PMAA— '>2 , c-JA'9 2 OWNER Name Phone SLl..^r-� Mailing Address Date Property Acquired �Q-+4G /%�8 (month/year) -----I (do) (do not also own the adjacent parcels of land. ------ -------------- -__ PRNSWT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ C7+ti7 Describe request in detail: )Q-QL C-iC udP t"� SOE-t> i FeM-� VARIAN4= REQUIRED Lot _Area Lot Width _x Hardcover Rear) (Setback Variances Front Side HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: N�'-p Fer)cE -M 04e VIDLr Sc-u�rwry DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS REQUIRED SUBMITTALS in Completed Application Form Certified this list 368-3271). Property Owners List of owners within 150' (you can obtain from Hennepin County Department of Finance A-603 Govt Center Lb, legal sized envelopes (t10) pre -addressed to each of the Lnames on the above list with no return address. Certificate of survey including hardcover calculations as required. (5.) Plat Map. VV..cc------------------------------------------------------------------------- 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. APPLICART'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. p` Applicant's Signature✓%? / , �!-� Date 7 - a `� 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 verificatiop�of this regy"t. Owner's Signature Date 4 —;'! - `7- Applicant must havO/bll submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. PLM DATE 06/27/06 HENNEPIN CW11TY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 PROPERTY OWNERS LIST PAGE 11 BATCH O16 30 10-117-23 31 0001 30 10-117-23 31 0002 W 30-117-23 31 0003 r PROP ADpR 02010 SHORELINE OR 02040 IMJRTH SHORE DR 02060 NORTH MORE DR MIER NAM GEOPSE F POVEGNO JR ■ WIFE JO:111 T SMICE / LYLE G GODFREY ETAL TAYPAIER GEORGE F ROVEGIA JCIM T SPEME \/ LYLE 6 GODFREY N4M.E/ADCR 2010 SHORELINE DRIVE 2040 NO SHORE ON 2060 KU SHORE DRIVE WAQATA MN 55391 WAYZATA MN SS391 WAYUTA YIN 55391 r M 10-117-23 31 9004 38 10-117-23 31 0005 30 10-117-93 31 0006 PROP "OR 02000 NORTH SHAPE OR 013" RAILROAD AVE OIMS RAILROAD AVE =EP NAME K M LA SLIT ETAL OUT HANSOM ETAL F J GOLDEN ETAL TAXPAYER CAROL A LA SKY DLAI HANSON F J GOLDEN i NAME/ADOR 2080 NORTH SHORE OR BOX 129 CRYSTAL BAT MH 55323 WAYZATA MI 55391 CRYSTAL BAY HN 55323 ]L-' )e 30-1 V-23 31 0007 3D 10-117-23 31 0008 30 10-117-23 34 0001 PPDP AOOR E01%0VERE LROAD AVE 0205E SPATES AVE 0142E BAT RIDGE GO TAXPAYER ER EVEPETT V MILLER ETAL MARIETTA N AWERSON VERNON E MCCOY TAKPITEP BOXEVEPETT V MILLER MARI2055 TTASPA N AAVERSOH VERN142S S E NIL COY N:.nE/IODR BOX 46 205E SPATES AVE 142E TAT RIDGE RT 5 CRYSTAL BAY IH 5532E WATLTA I01 55391 WAYZATA MN 55391 30 10-117-23 34 OOII 38 10-117-23 34 0013 MOP MDR TAXPH R NAMEVERNONNE !CLOY VERNON E MCCOY TaxvarFR HENNEPIN CO WHY DEPf VERMIN E MCCOY TOTAL BATON 006 00033 RIME IAitF/ApOR WAYS AY RIME RT 5 WAYZATA 101 55391 CA I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCORATE AM TROE REPRESENTATION OF INTORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPM NT OF ANOPER TI TO THE BEST Of MT K1911LEOGE ANSIBELIFF� BAT% � 0. J �+� �`JOT f�. C•• �w�w'�-�; �as �SRIA11 = BRIAR 'szLz= . e ne s „ s.. z e n x rn S ^o 00 o i O r> 3103 NG v7 � � �� � "• v j�eP,71 S a ;s eAY S ARBOR ST .� W N i �� �u-. �S'V� NtsV'�'Xa9•"•' ARBOR S. ., I e NORTN ROW, (co w. v I i .3 Rp ^��' a Uqp tr if' O. AOs ii+ 'rr ••`'.. ram •,\ I ! r\ � o /8'�m tic.. }• �� ' tr •� ,s '�` �� IX • C '\`\ r � I v •�\ vw b a q'v f''""�.. gRq� a T y lit/ �- �/yEy •s e #1.058 LEGAL DESCRIPTION INFORMATION PAGE 1 NEXT INQUIRY CODE 103 PROPERTY ID 10 11"? 23 31 0002 PSC SCH DST 278 WTRSHD 3 SWR DST IFPROJ 4 MUNIC 38 PLAT 41310 PARCEL 3470 EARLIESTDELINQ YR ACREAGE .91) DIV STATUS OWNER JOHN T SPENCE LAST STAT CHG VERF LEGAL PROP ADDR 2040 NORTH SHORE DR CONDMN 4 LOT BLOCK 1,-iX1'AY MIA JOHN T SPENCE PREVIOUS OWNER 2040 NO SHORE DR WAYZATA MN 55391 APPROX PARCEL .917F TRAM GATES ADItN UNPLATTED 10 117 23 ADDN DATE FILED METES / HOUNDS DESCRIPTION COM AT THE SW COR OF LOT 6 ELBRIDGE S BARNES 1ST SURD OF SEC 10 T 117 R 23 TH SELY 295 08&100 FT ALONG THE SLY LIME THEREOF TH SWLY AT Rf ANGLES 207 066100 FT TO THE ACTUAL PT OF BEG TH AL AN ANGLE TO THE LEFT OF 9 DEG 09 MIN TO THE N LINE OF CO ROAD NO 51 TH E ALONG SAID N LINE AND THE SAME EXTENDED TO THE SHORE OF LAKE MTKA TH NELY ALONG SAID SHORE LINE TO ITS INTERSEC WITH A LINE PAR WITH AND 207 06&100 FT SWLY FROM THE SWLY LINE OF SAID LOT 6 TH NWLY ALONG SAID PAR LINE TO BEG EX HWY TO: Mayor Butler Mark Bernhardson, City Administrator Orono Council Members Planning Commission Members FROM: Jeanne A. Mabusth, Zoning Administrator DATE: July 17, 1986 SOBJ: 41053 Raymond Kosak, 3265 Carman Road - Variance/Conditional Use Permit List of Exhibits - A - Application B - Plat Map C - Property Owners list D - Adjacent Property Owners acknowledgement E - Nelson letter F - Anderson letter G - Gross letter Gl- Additional letters H - Planner's report I - Hardcover inventory mapping J - Survey K - Elevations Applications - a) Conditional Use Permit for construction of new retaining wall and replacement of existing wall 0-75' lakeshore. Section 10.03 Subd. 19 - Permit required. b) Variances for alterations/retaining wall within defined protected area. Section 10.55 Subd. 8 - Variance. c) Lakeshore setback variance for deck. Section 10.21 Subd. I. Required - 75' Proposed = 61' Variance = 14' or 19% d) Hardcover variance required within 0-75' 6 75-250' setback area - Section 10.21 Subd. 2. Hardcover Reference (use exhibit I for hardcover review) A - Driveway - 1025 s.f. B - Stairs in front yard - 217 s.f. C - House - 1579 s.f. D - Lower deck already constructed - 617 s.f. E - Lower deck area within 75 feet of lake already constructed 835 s.f. F - Lowest level deck not constructed - 439 s.f. G - Upper deck over F deck not constructed - 188 s.f. H - Upper deck partially constructed - 182 s.f. I - Retaining wall - existing - 46 s.f. proposed - 27.5 s.f. J - Proposed wall 27.5 s.f. K - Steps on lakeshore - 95 s.f. Zoning File 41053 July 17,: 1986 Page 2 of 5 0-75' Hardcover Area = 7,208 s.f. existing a 141 s.f. or *1.98 (I & K) proposed existing = 855 s.f. or 11.8% (E + 1/3 of H) (constructed without permit) proposed = 608 s.f. or 8.4% (F+J + 2/3 of G+**I) Total proposed variance - 1463 s.f. 20% *Hardcover existed within the 0-75 setback area in the form of patio area - this has all been removed and replaced with decking. **Please note new retaining wall construction provides less hardcover. Existing (I) - 46 s.f. Proposed (J&I) - 45 s.f. 75-250' Hardcover Area - 12,777 s.f. allowed = 3194 s.f. or 25% existing = 2821 s.f. or 22% (A+B+C) Total proposed = 3583 s.f. or 28% Proposed existing - 678 s.f, or 5.3% (D + 2/3 of H) (constructed without a permit) Proposed = 84 s.f. (portion of F + 1/3 of C) nct yet constructed Variance = 389 s.f. or 34 Review of Application - Mr. Kosak has begun a comprehensive program of remodeling both the interior and exterior of his home. Unfortunately, his contractor failed to obtain permits for the work. The exterior improvements involve the removal of lakeside porches/decks and patio area and replacing them with various levels of spaced wooden decking. The existing retaining wall (I) needs to be replaced and applicant wishes to install a new section of retaining wall (J) all located within 75 feet of the lake. The structures removed within the lakeyard were porch/ concrete deck areas that extended from the two grade level doors at the rear. The applicant has made structural alterations at the upper story providing two egresses to proposed deck area H & G. Deck H has been partially constructed. Grade decks D & E have been completed. Lowest deck area P. upper deck G and the upper narrow connecting deck above Deck D adjacent to structure have not been completed. The applicant proposes to place rock mulch over a geotechnical filter fabric under the spaced wooded deck areas allowing rainfall to filter through. Mr. Kopischke advises that in effect the proposed lakeshore improvements will result in less overall hardcover because the original hardcover was not pervious to runoff. Zoning File #1053 July 17, 1986 Page 3 of 5 Staff will very briefly list the planner's findings for your consideration (review exhibit R). 1. Steep sloping topography adjacent to house requires retaining wall,, flat area for safe utilization of pool and rear yard and need for access steps to lakeshore. 2. The adjacent yards do not have steep slopes as these found in the applicant's lakeshore yard. 3. The improvements create no view barrier nor do they pose hazards for neighboring properties. 4. The proposed improvements are similar to the types of improvements found in the name Carman Road neighborhood where lakeshore yards have severe slopes to lake (lots on main lake). 5. The imprr ment does not alter the character of the neighborhood. 6. The decking is an acceptable conforming use within a residential district. 7. The proposed improvements will have a positive effect on the surrounding property value. Staff's inventory of recent applications that involved approval of structures and hardcover within the 0-75' setback area: #1033 Dossett, 2795 Pheasant Rd. - approved 100 s.f. or 1% of structural hardcover and 280 s.f. or 38 of innovative grade decking based on location of house to 75 feet setback and no visual impact on lake. #1006 Palm, 1710 Shadywood Rd. - 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%. t983 Pemberton, 3580 North Shore Drive - approved new structure and hardcover in 0-75' zone. 0-75' hardcover 20%. i943 Purdy, 1975 Eagerness Point Rd. - approved additional 72 s.f. of structural hardcover with concurrent major removals of other 0-75' hardcover (reduction from 24.3% to 13.9%). 0932 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%. Zoning File 41053 July 17, 1986 Page 4 of 5 4920 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%. 4907 Bigham, 1545 Long Lake Boulevard - allowed to increase 0-75' structural hardcover from 1.9% to 3.3% due to location of existing house. Issues for Consideration - 1. Can Planning Commission make similar findings in order to approve a 20% increase in new hardcover within the 75' setback area? 2. Should the second or upper level deck areas over lower deck areas be included in hardcover calculations? Applicant has included them in these calculations. 3. Does the proposed grade level deck fall under the "innovative type• decking classification recommended in these reviews? 4. What alterations or amendments can be suggested to the applicant if members feel the request is too excessive or extreme... *) What deck areas can be altered? removed? E, F, G or H - G a H are upper decks - applicant will require landing area at rear door where patio block remain (under G E H) - alterations of house now provide egress via G i H. Staff Aecoess3ndation - To approve a conditional use permit and variance to allow the installation of a new retaining wall and replacement of existing retaining wall within the lakeshore protected area resulting in an increase of 45 s.f. of hardcover based on the following findings and hardships: 1. Steep slopes within lakeshore yard required to provide stability of banks. 2. Slight decrease in hardcover with new construction. To approve hardcover and lakeshore setback variances of 14' or 19% for deck within lakeshore subject to the following amendments: Alternative A Ap�rcant to alter deck G so that there is n encroachment within 75' setback area. 2. Applicant must replace deck F with pervious ground cover - egress door under deck G is limited to 20 s.f. of hardcover for landing. 3. Deck areas D, S 4 H to remain in addition to walking deck over deck D resulting in an increase of 8351 s.f. of hardcover or 11.54. Zoning File #1053 July 17, 1986 Page 5 of 5 Approval is subject to the following conditions: 1. Geotechnical filter fabric civered with rock mulch must be installed under deck areas D, E i H. 2. Erosion control must be employed at the time the lakeshore retaining walls are installed. *Staff has not included upper deck H as harucover since deck F was not approved and a pervious surface exists below on grade. Alternative B 1. Reconstruct deck E (see exhibit I slashed lines) providing minimum of 10 feet of deck along east side of pool for safety concern reducing hardcover from deck E to 385 s.f. 2. Alter proposed deck F along slashed line (10 feet reduction) allowing now for increa:.- in hardcover from deck F within protected area of 338 s.f. 3. Allow upper deck areas C 6 H to be constructed as proposed with an increase in hardcover within protected area for a total of 72 s.f. - portion of G deck that extends beyond lower F deck within protected area. Total hardcover within 75' protected area of 795 s.f. or 11%. Same Conditions apply as in alternative A. Staff would add the following supportive findings or hardships to the applicant's planner's findings noted on pages 2 s 3 of this memo: 1. Location of 75 feet setback line in relation to rear of house. 2. Visual impact of structure within 75' setback area is decreased because property is located on a lagoon and not visible from main lake. Staff Addend:u - A hardcover variance increase within the 75-250' setback area of 3% must also be granted (total proposed 3583 s.f. or 28%). Please note a side setback variance has not been addressed by at : because it is their opinion that a side setback variance is not required per Section 10.03 Subd. 15(C): C. Fences which do not exceed 3-1/2 feet in height, fences not over six feet in height along the street let line of lake frontage lots which front on a major thoroughfare, if fill is required, the total combined height of both fence and fill shall not exceed 6 feet above the height of the crown of the road, terraces, steps, uncovered porches, stoops or similar structures, which do not extend above the height of the ground floor level of the principal building and extend to a distace of not less than two feet from any lot line. A RESOLUT'•'N GRANTING A CONDITI' :1L USE PERMIT PER MUNIC' 1L ZONING CODE SECTION 10.03, SUBDIVISION 19 AND VARIANCES TO SECTIONS 10.55, SUBDIVISION 8, AND 10.21, SUBDIVISIONS 1 i 2 FILE #1053 WHEREAS, Raymond J. Kosak (hereinafter "the applicant") is the owner of the property located at 3265 Carman Road within the City of Orono (hereinafter "City") and legally described as Lot 5, Block 1, Carman Cove, (hereinafter "property"); and WHEREAS, the applicant has made application to the City of Orono per Section 10.03, Subdivision 19 and Section 10.55, Subdivision 8 to permit installation of a new retaining wall and replacement of an existing wall located within the 75 foot lakeshore protected area and per Section 10,210 Subdivision 1 and 2 to seek variances for bpaced wooden deck areas located f^et from the lakeshore instead of the required 75 feet, hardcover ._r!a---es within the 0-75' setback area of s.f. where none is allowe:. and within the 75-250' setback area of 3,583 s.f. or 28% hardcover where only 25% is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 41053. 2. The property i- located in the LR-lB Lakeshor Residential Zoning District. 3. The property is approximately 19,985 s.f. or .45 acre in area. 4. The Orono Planning Commission reviewed this application on July 15, 1986, and recommended approval of the conditional use permit and variance fc_ the installation of a retaining wall and replacement of an existing wall based on the following findings: A) steep slopes within lakeshore yard require retaining wall to stabilize bank and prevent erosion; B) current slopes prevent maintenance of green grassed area; Page 1 of 5 C) decrease in hardcover of 1% with type of retention wall to be corstructed; and to approve variances to the hardcover and setback standards for lakeshore properties based on the following findings and hardships: A) steep sloping topography immediately adjacent to house requires flat area for safe utilization of pool and rear yard - access to lake requires series of access stairs over steep sloped areas; B) adjacent yards do not have steep sl- �s as those found in the applicant's lakeshore yard; C) the improvements create no view barrier nor do they pose hazards for neighboring properties; D) the improvement does not alter the character of the neighborhood and would appear the improvements are similar to the improvements within other lakeshore properties with steep sloped lake yards; E) the proposed improvements will have a positive effect on the surrounding property values; P) the location of the 75 foot setback line in relation to rear of house; G) the visual impact of structures within 75 foot setback area is lessened, for property is located on a lagoon and not visible from main lake. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the appli- cant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 6. The City Council finds that granting a conditional use permit to allow the installation of retaining walls in applicant's lakeshore yard will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.21, Subdivision 1 and 2, and Section 10.55, Subdivision 8 to allow spaced wooden decking and retaining walls within the lakeshore protected area where no structures, hardcover or land alterations are permitted and grants a conditional use permit per Section 10.03, Subdivision 19 to permit the installation of retaining walls within applicant's lakeshore yard subject to the following conditions: 1. Ground areas under approved decking must remain pervious to runoff. Any changes proposed in these areas must be approved by the Orono staff to assure the improvement will not inhibit penetration and treatment of runoff. 2. Erosion control must be installed at the time the lakeshore retaining walls are installed. Orono staff to inspect prior to land alterations. The maximum hardcover on the property shall be as follows: 0-75' setback zone - s.f. or 8 75-250' setback zone = 3,583 s.f. or 28% 4. The applicant is advised that no additional hardcover above these limits will be approved, and any future proposals for additional hardcover might be approved only with concurrent removals of existing hardcover. 5. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special coditions of this resolution will expire on that date (August 11, 1987). Page 3 of 5 6. 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 shail be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this llth day of August, 1997. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Property Owner(s) Page 4 of 5 Zoning File #1053 Addition to Memo of 7/17/86 August 7, 1986 Page 1 of 2 Additional Exhibits Exhibit L - Plan Per Planning Commission Recommendation Exhibit M - Applicant's Addendum Plan Additional Comments, Planning Commission Recommendation and Staff Alternative: The applicant has once again asked staff to remind Council that replacement or new structures within lakeshore yard consist of spaced wooden decking (averaging 3/8 to 1/2 inch spacing) over natural ground cover. Previous structure was impervious to runoff. Kosak advises that the patio block under Decks G 6 H will be removed and replaced with pervious ground cover and approximately 120 square feet of hardcover re- moved (75 square feet in 75-250' zone; 45 square feet in 0-75'zone). Staff would also like to take this opportunity to comment on a specific criticism cited against the applicant questioning his statement that he did not realize the need for a building permit. The majority of our residents would not realize either the need for a building permit or question the builder to assure that contractor had obtained a building permit. Kosak's contractor has been issued all warning or citation tags - not the owner. Planning Commission recommends approval of the conditional use permit and variances for the installation of a new retaining wall and replacement of existing retaining wall based on the findings and conditions cited in the staff recommendation on Page 4 of this memo. To approve the after -the - fact hardcover and setback variances for structures within 75 feet of the lakeshore amended as follows; (refer to additional Exhibit L) a) To approve all upper story decks (G, H 6 4 feet wide walking deck over Deck D) which would require a 10 foot setback variance for portion of Deck G that encroaches 10 feet into protected lakeshore area. No hardcover variance required because Decks G a H (10' above grade) are located over natural groundcover. b) Proposed grade level deck shown as Area F is not approved and must be replaced with pervious groundcover. c) All of Deck Area D within 75-250 setback area to remain. d) Deck Area E must be altered by removing all portions of deck that extend beyond 5 feet along pool side and then to jog back along support beam as it extends northward (approximately 2 feet beyond lakeside of pool) resulting in a total increase of 120 s.f of hard- cover within the 0-75' setback area. Zoning File #1053 Addition to Memo of 7/17/86 August 7, 1986 Page 2 of 2 Staff met with the applicant on site this week to discuss the reality of the Planning Commission recommendation. The applicant has placed a wooden stake located approximately 9.5 to 10 feet beyond edge of pool for your inspection (refer to staff sketch addtional Exhibit M). The Deck E proposed by Kosak would result in 365 square feet of hardcover. This will allow Kosak to retain stairs in present location, retain deck over most severe sloped section of rear yard adjacent to pool (look under deck) which was the principal reason for expansion of deck/patio area. Applicant would agree to remove wooden stairs within 75 feet setback areas (Area K)for a reduction of 95 square feet of hardcover. Comparison of Applicant's and Planning Commission's Proposal: A) Planning Commission Proposal - Hardcover Facts 0-75' Deck E = 120 s.f. Retaining Walls = 45 s.f. Lakeshore Stairs 95 s.f. TOTAL HARDCOVER 260 s.f. B) Kosak Request Deck E = 365 s.f. Retaining Walls = 45 s.f. Less Lakeshore Stairs = - 95 s.f. TOTAI. HARDCOVER 315 s.f. Staff has drafted a resolution to be completed per Council's additions or amendments. 9e .... ., ._ f S-C, ff > l0 �' �'u t' t--�,e -2C'r wn-�� Fi c<w•r �00 n ,�j CITY OF ORONO - VARIANCE APPLICATION .nitial 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 applicaff-10-5-3 ee) PROPERTY LOCATION Site Address 3265 Carman Road 0 Property Identification Number (P.I.D.) 20-117-23-14-0011 Please check one - Is the property _ abstract or X torrens? Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT - 332-7000 M Name Raymond J. Rosak Phone 471-8324 (H) Mailing Address 3265 Carman Road; Excelsior, MN 55331 Name Same as Applicant Phone Nailinc Address Yi 5 i7U r' Date Property Acquired III Y ii7'Y (month/year) I (ft) (do not) also own the adjacent parcels of land. ________________________________________________________________________ PRESENT USE OF PROPERTY Present Zoning District LR-IR Present Use of Property Single family Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ It-17 Describe request in detail: Construction of a deck and reconstnmtinn of a retaining all -- see attached narrative and plans. ___________________________________________________________________________ VARIANCES REQUIRED Lot Area Lot Width x Hardcover Variances ( Front Side Rear) Setbackt� _ Other �^,c.{,. 4 t ______________________________ Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: See attached narrative --------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS - Describe unusual property conditions preventing compliance with Zoning Code Requirements: See attached narrative --------------------------------------------------------------------------- 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 (410) 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. 7 Applicant's Signature Date l� OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investiga- tion and verification of this request. Owner's Signature.%. .� - Date r ------------------------- ----------------------------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. � r 7 Opt J� a Ly n 1� y- G - • C' + LOP 'SITE Tow B 5 ti •��j1) .9nM1° r \\ Q4 04 7 3 COTE 11-1 MH)a RUN DATE 06/15/56 SATC4 OOI SO 20-117-23 14 0009 w PROP ACOR 43225 CARMAN RD C:.T;ER NAME J A N FARMAN TAXPAYER JOHN T FARMAN N E/ADOR 3225 CARMAN RD w EXCELSIOR MN 55331 35 20-117-23 14 0012 MOP ADOR 03275 CARMM RD C NFR NAME SORAMAE G NALLARAY TAXPAYER SORAMAE 6 NALLADAY NAME/AROR 3275 CARMAN ROAD EXCELSIOR NN SS331 w 30 20-117-23 14 0015 PROP MDR 03300 CARMAN RO O'.i:ER HAMS STEVEN J NIELSEN ET AL TAXPAYER STEVEN J A JOAN E NIELSEN NAME/AOOR 3300 CARMAN ROAD CROND NN SS331 PROP MDR w DIMMER NAME TAXPAYER TOTAL BATCH HAME/AOOR w 001 00009 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 20-117-23 14 0010 03245 CARMAN RD THOMAS P NELSON ETAL THCMAS P NELSON 3245 CARMAN RD EXCELSIOR M`R 55331 38 20-tL7-23 14 OILS 032P- CARMAN RD M A MUSS MARK L A GERALYN H GRU55 3285 CARMAN RD EXCELSIOR MN 55333 38 20-117-23 14 0017 02493 KELLT AVE T A A D L ERWIN TERRY A EMIR 2693 KELLY AVE EXCELSIOR NN 55331 REPORT NO. PI435401 PAGE 1 35 20-117-23 14 0011 OR65 CARMAN RD RAYMRA J KOSAK RAYMOND J KOSAK 3263 CARMAN ROAM SO WORK) M 55331 38 20-117-23 14 0011, 03295 CARMAN RD JDITH W VAN NEST J ITH N VAR NEST 3295 CARMAN RD EXCELSIOR MN 553-1 3B 20-117-23 14 0025 02655 KELLT AVE BARBA BARBARA M OECOSSE BARBARA M DECOSSF - 2655 KELLT AVE E%CE LSIORR MN 55331 i __7 � 11 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS w OF THE HENNEPIN COUNTY DEPARTMENT OF PRO ERTY AXATION, TO THE BEST ,N OF MY KNOWLEDGE AND BELIEF. _ w DATE BY ® 1J Adjacent Property Owners' Acknowledgement Form I (we) have reviewed the plans for the proposed improvement or proposed use of the property located at 3,2t,3' c: RRM nu z 0 also referred to as Land Use Application No. 53. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or 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 requires City Council approval. Property Owner Date Property Owner Dat 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 6 Zoning Office at least 10 days prior to the scheduled meeting date. THOMAS P. NELSON i l a942 Ge ADM axcxmos,MIaMxaorA asset June 26, 1986/.,///y�... Iy' amyl City of Orono Building 6 Zoning Office P. 0. Box 66 Crystal Bay, Minnesota 55323 Gentlemen: I understand that my neighbor, Mr. Ray Kosak, 3265 Carman Road, Excelsior, Minnesota is applying for a variance for construction of a sundeck addition to his home. We live next door to Mr. Kosak and have resided in our house for over 21 years. Over the years, we have watched owners come and go in Mr. Kosak's house and have felt in recent years, until Mr. Kosak's arrival, that the property had become somewhat run down. The purpose of this letter is to tell you that we heartily endorse and support Mr. Kosak's deck project and his overall efforts to improve the appearance and value of his property. The proposed deck project, which is in full view from our home, greatly enhances the appearance of the house, improves the funct:.nal use of the steep hill that is a characteristic of the property, and provides additional privacy both for Mr. Kosak and for us. In general, it will help upgrade the appearance of the whole area. I hope Mr. Kosak will receive early favorable consideration for his variance request. Sincerely, P' DSI DESIGN STUDIOS INTERNATIONAL 575 SHELARD TOWER • 600 SOUTH COUNTY ROAD 18 MINNEAPOLIS. MINNESOTA 55426•I6121546-0963 July 10, 1986 Planning Commission/Orono City Council Box 66 Crystal Bay, MN 55323 Dear Council Members: I am writing in regarus to the residence of Raymond Kosak, 3265 Carman Road. As an interior designer I have done work with Mr. Kosak within his home. Being a lake resident, my husband and I boat regularly and were very impressed by the improvements made on his here exterior. We were shocked to find that you had stopped progress due to city regulations. The irony is that in my mind Mr. Kosak was doing great things for the overall improvement of the neighborhood. I would hope that reason will rule over _egulations and the project will be allowed to continue. Sincerely, '? a/ (Y�C Suzy Berson Interior Designer 1720 Bohn's Point Road Associate Member ASID SA/mk cc: Ray Kosak FREMONT G INDUSTRIES, INC. PHONE: (612) 445-4121 OFFICE OF THE PRESIDENT July 9, 1986 Mr. Michael F. Gaffron Assistant Zoning Administrator City of Orono Box 66 Crystal Bay, MN 55323 Dear Mr. Gaffron: As a neighbor, residence 328.� Carman Road, I am asking that your pant the variance #1053 to Mr. Raymond J. Kosak of 3265 man Road. Basically he is improving and updating an older house, which has a positive effect on the neighbor- hood. If you have questions feel free to contact me either pk CC: Raymond J. Kosak 3265 Carman Road Excelsior, MN 55331 JUL( 0 (9B6 r�,�!'I P.O. BOX 67 4400 VALLEY INDUSTRIAL BLVD. N. SHAKOPEE MN 55379.9990 OFFICES Denver Los Angeles Kansas City Cnlcepo Milwaukee Eau Claire IndiamLe Iis Delroil Cleveland Sioux Falls Danaa El Pew Cnaltwoogs STEVE AND JOAN NIEmN 3300 CARMAN ROAD EXCELSIOR, MINNESOTA 55331 July 18, 1986 Tol City of Crone Planning Coin:Rission Rel Land use application #1053 Property of Raymond J. Kosak, 1265 Carman Road The proposed deck and landscaping for the Kosak property would be a welcome addition to our neighborhood. We have seen the plane for the proposed improvements and totally support the pro{ect. It is esthetically pleasing and will enh> ce our area. Sincere y, Steve & Joan Ae e� 0 W. B. VAN NEST COMPANY 3295 CARMAN ROAD • EXCELSIOR. MINNESOTA 55331 • PHONE 612-471 -7881 July 16, 1986 City of Orono Planning Commission P.O. Box 66 Crystal Bay, MN 55323 RE: #1053 Raymond J. Kosak Variance and Conditional Use Permit Dear Planning Commission Members: 7111 lit JUL 1860 I would like to submit the following comment; for your July 21, 1986 public hearing pertaining to Raymond Kosak, 3265 Carman Road. I have reviewed the plans for the wood deck and retaining walls being constructed around the existing swimming pool by Mr. Kosak. I understand that the deck extends Into the 75-foot setback from Lake Minnetonka and therefore requires a lakeshore setback as well as a sideyard setback variance. I would like to point out that the deck is above the ground and is constructed such that it will allow the drainage of water through the deck between the deck boards draining to the ground underneath the deck. The project also included the removal of a considerable section of concrete padio and porch area which will no longer be an impervious surface and therefore the project will actually increase the amount of absorption area in Mr. Kosak's yard for protection of Lake Minnetonka. Mr. Kosak's lot is a pie -shaped lot as are most of the lots on Carman Road. It is not uncommon for these pie -shaped lots to require sideyard variances at the building line. In fact, our house as well as most of the houses on our street, have had sideyard setbacks which were necessary in order to build on these lots. The hard- ship is due to the shape of the lot making it impossible to meet the performance standards of the zoning code without a variance. I was a member of the City Council at the time the city granted a variance to the previous owner of Mr. Kosak's house to allow them to build the concrete pool and deck, which required a sideyard setback at that time. From my review of Mr. Kosak's deck, it is not increasing the sideyard variance which has already been granted for the pool. From my perspective, I feel that this Variance and Conditional Use Permit should be approved for the deck and necessary retaining walls as it will actually reduce the amount of impervious yard which existed and generally improve the absorption ability of Mr. Kosak's yard thus improving the quality of the storm water run-off discharging to Lake Minnetonka. Compute Materials Handling Systems N. B. Van Nest Company Page 2 July 16, 1986 1 will not be available for the public hearing of July 21 and therefore have taken this opportunity to express my support for the approval of this Variance and Condi- tional Use Permit. Thank you for your cooperation in this matter. Yjr,rul � Y.; ' Brad Van est ' 3225 Carman Road Excelsior, MM 55331 July 18, 1986 City of Orono Planning Commission 1275 South Brown Road Orono, MN Re: d1053 Variance for Raymond J. Kosak Dear Planning Commission: Regarding Ms. Ray Kosak's request for a Variance for deck construction at 3265 Carman Road. We live two houses away at 3225 Carman Road and have absolutely no complaints about the construction and, indeed, view it as a definate plus for the whole neighborhood. We mould therefore urge you to grant the requested variance and conditional use permit. Sincerely M/M John T. Farnham City of Orono - Public Hearing Notice Meeting of July 21, 1986 Page 2 of 2 14. #1056 Olai Hanson, 1390 Railroad Avenue - Side setback variance to construct a detached garage. All persons wishing to be heard will appear at this time. Written comments are solicited. Plans are available for review in the City offices by appointment (call 473-7357). City of Orono By: Planning Commission P Michael P. Gaffron,z, Assistant Zoning Administrator To be published the week of July 7, 1986 in the Laker and Pioneer Newspaper. duty 16 86 /C1iTY C7r oxoNo! I/ Ifc , 4 M 3 AywouQ /. o SAC PRoP.ER7% QE.42 d'RS: i WAVE SEEN rWE RIA*S B d/SP7?<0 THE 0,4uA6-et1' c✓rAF-er 7�pe OccK wlsx/cs 'WC 70 dE consreucrf0, 1T tvaKS 4QeRT�O WE ScE ho PRG�9tcwts � PLe►se /7514 /(f w, I' Al (SP/ 7#E 4 10-4 C As soo,,l AS poS$'&, t 7/1 \� WESTWOOD PLANNING & ENGINEERING COMPANY June 27, I986 Ms. Jeanne Mabusth f City of Orono P.O. Box 66 Crystal Bay, Mn 55323 Re: Raymond J. Kosak Residence 3265 Carman Road; Excelsior, MV 55331 Dear Ms. Mabusth: On behalf of Mr. Raymond Kosak, we are submitting the following request for consideration by the Orono Planning Commission and Council. A conditional use permit to replace an existing retaining wall that is approximately 55 feet long and 3 feet high. The wall is in a deteriorated condition and requires replacement to adequately retain the existing slopes of the site. It is proposed the existing IO inch deep wall be replaced with 6 inch deep treated Limbers and be , same length and height. This will reduce the hardcover surface of this wall in the 0- lakeshore setback zone by 40%. 2. A variance for hardcover within the 0-75- and 75-250' lakeshore setbsck zones due to construction of a deck. The deck in question had been, until recently, under construction without the necessary permits from the City. The owner was not aware of the need for a building permit or hardcover variance request. The deck is presently about 75% complete with another 92 rough framed (see main and upper deck as shown on the attached certificate of survey). Existing impervious hardcover, prior to construction of the deck, was 2.61% in the 0-75' zone and 37.38% in she 75-250' zone. Both represent a variance to allowed hardcover. The calculations included roof, driveway, walks, steps, retaining walls, etc. A porch has since been removed and an area of concrete patio blocks is planned to be removed. The deck is a multi -level structure, Interconnected with stairs and tied to the various levels of the house. Since there is 17-20 feet of drop to the lake from the house, the design intent of the deck was to create flat activity areas adjacent to the house and pool without altering the existing steep slopes and ground form. If considered hardcover, this deck would represent an increase of Impervious surface. 7 ,u5 Y1VL 5f IOUIIW„O. 41N Mf 5VOL15 eIN Nl504 aNID JIN W0�5f Me. Jeanne Mabusth June 27, 1986 Page 2 It is our contention though that decks, by nature of their cunscructlon, are not considered impervious hard surface. The surface decking is cons rutted with about 3/8 inch spacing between planks. This spacing allows a downward movement of water to the natural soil after runoff travels only 2-3 inches across the decking surface. This cannot be considered comparable with roofs, sidewalks, driveways or other siallar rein -impervious surfaces. The area under the deck will be covered with a rock mulch over a geo[echnical filter fabric. That will allow the rainfall runoff to pass thru to the natural soil and slow the rate of runoff while also acting as a weed barrier. The calculations for hard surface, with decking considered a pervious surface, actually show a reduction from existing, pre -deck conditions. This is due to the removal of a porch and concrete block patio adjacent to the house and a narrower reconstructed retaining wall. In summary, the site and zoning regulations have offered limitst Lens to site utilization. A hardship exists in that the conditions and slope of the land requires the use of a retaining wall for stabilization and steps to move thru the property. Very little of the rear yard is flat enough to be effectiv,. y utilized, especially adjacent to the house and pool. The slopes that were adjacent to the pool had created a safety problem with people tripping and falling down the hill. Therefore, the deck solved a safety problem and allowed the area adjacent to the house to be better utilized. At this point, a hardship would be created should it be required that the deck be removed. The deck does not create a situation that would be injurious to adjacent property. It does act alter the character of the area. The neighboring landowners find the deck to be an acceptable addition. A deck is an acceptable and typical accessory use within the zoning district and is felt to be consistent with the spirit and intent of the zoning code. If you have any questions or require additional Information, please contact me. Respectfully submitted, WESTWOOD PLANNING S ENGINEERING COMPANY Greg Kopischke GK:jms cc: Mr. Raymond J. 4osak enclosures ORONO HARDCuVER CALCULATION NORKSHEET LAKESHORE A. Existing D. Existing C. Existing D. Proposed SETBACK lot area hardcover hardcover Lardcover ZONE in zone in zone percentage in zone 1(8,A) x 1001 0-75' 75-250' 250-500' 500-1000' Directions: dtlf 148) '11LS of * 1$(7 sf 7.61 % iH('if 1¢¢L sf 0410sf sf "v7"ia RiF (tMSt3i _r' R1Wy;V(. sf sf sf '% of sf sf sf E. Proposed F. Allowed hardcover hardcover percentage 1(D,A) x 1001 percentaqe -- k11i1 0 iHt)t dril"Y %p 25 30 a�e 35 A. Existing Lot Area in Zone - includes the total square footage of dry buildable land within the specified zone. D. Existing Hardcover in Zone - includes the square footage of existing roofs, decks, sidewalks, driveways (gravel or paved) and other rain -impervious surface• within the specified zone. C. Existing Hardcover Percentage - divide the number in E by the number in A and multiply by 100. D. Proposed Hardcover in Zone - includes the existing hardcover plus all proposed additional hardcover. E. Proposed Hardcover Percentages - divide the number in D by the number in A and multiply by 10n. F. Allowed Hardcover Percentages - if the percentages in column E for any setback zone exceed the allowed percentages in column F, you should contact the Zoning Department at 473-7357 to discuss the possibilities of obtaining a variance. Generally, if a cor.-urrent 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. of i�c A *A,17 Noieb AS '(148�,sUr)r_ Aer✓K � it) to HAp DcmF- Z )E )EtE A Vf-� IFfbUMG r*-(-K -P BE Mf DC0 Qw% z •Tz,° CERTIFICATE OF SURVEY „oiopNnN. aVrMo, .A:Ie LAND su"Iyoaf ,GOAD CNQMR - `.� 79 a� n• � .�eaivence a gi• •e N°JZLS .a` .a Fl �� vex r\ s N H O �r r i � SAKE KA Bag) -btu<.d<tn<e r fi9(000 e hereby cr -llfy that lhla is a true end correct representation of a survey of the boundaries of the land above described and of the location of all indldinge. M arry, ❑rernon and all risible encroachments, if any, from or on said yd. Dated this 29th dny LAND SURVEYORS n Scoiox-. v. I-fi`By R ii .�esivdenca IV"d265 C 2 6 t�{�y/►r�.. yid I ! .y:8 Dauv , 7t,t J/ j e her eerllfy Thal this Is C true and correct boundaries of the land above described and of the to, and all visible encroachments, If any, from or on si of —.. __ 11811 19 BA-. /I zany R. ep &,. Pau Mailon of a sirvey of the All buildings, 11 any, the reor Dated fill' 29th day ZI ;'*E Of SURVEY M• teow R. Cavdae.Pw. r LANnSURVEYORS ZI MM Lr67.79 �/(1, 1 CAS � 2,yoaae -• ,,, "IP �l cw,e i .46" R t Sca/es w ��sidence N vi= •ten N`3Z6S G � uw_ oresy o � 1 3 " :a 0 � r .91 10fG e hereby certify that Ihls Is a true correct representation of a survev of the boundarles of the land above described a.. of the location of all buildings, Q any, thereon ....d all visible encrnachmenls, If any, from or on said And, Dated this 29th day of _ May Ig B.L. '/ 1 nfeu m Registration M. OW Z40-16 TO: DATES Mayor Butler Mark Bernhardson, City Administrator Orono Council Members Planning Commission Members Jeanne A. Mabusth, Zoning Administrator July 14, 1986 SOBJ: Comprehensive Plan Amendment - To amend the M.U.S.A. Boundaries originally defined and approved in 1979-1980. Pertinent Sections of State Statute and Muni•ipal Regulations - 1. State Statute 462.355 2. Comprehensive Plan CMP - 6 - 44,45,47,48,49 3. CMP Maps 12,13 ..ist of Exhibits - A - Public Hearing Notice B - Existing and Proposed Sewer Facilities Map C - Gaffron Memo - 9-20-84 D - Septic mapping of Fulmer Property E- Inventory of areas already sewered or approved for awn_ and not formally included in a Comprehensive Plan Amendment. Review of Application - The Fulmers request to amend the Comprehensive P_. n, M.U.S.A. - M.S.S.R boundaries, seeking sewer service for their commercial kennel/residential use within the now defined rural service area has been included in a more comprehensive amendment on the part of the City. The MWCC has advised that Fulmer's sewer connection will be approved as soon as the City formally amends its comprehensive plan finding that the subject property qualifies under the standards set forth by the City in its Comprehensive Sewer Policy Plan. Orono has never filed a formal amendment with the Metro Council to reflect areas severed within the City since the approval of the 79/80 Comprehensive Plan. Review Exhibit B. The Minnetonka Bluffs/Browns Bay neighborhood (11), Shoreline Drive - marinas (12) and the Crystal Bay Area (13) have been included with the current proposal. A comprehensive amendment will be considered by the City with the ordering of sewer for the Stubbs Bay area and the Hwy. 12 area (upon completion of the planning study) within the next year. The latter amendment will also include the following areas already sewered (review map - exhibit El. A - North Shore/Highwood B - Northern Ave. C - Carmans Bay (Lehman protect) D - Orono/Medina interceptor - expansion to east - New Life Bible Church - Hennepin County Library E - North Shore/Scotch Pine F - County Road 84 - development on east side of road and to the south of old sewer plant and proposed Noerenberg Park f.cility. G - Navarro plat Comprehensive Plan Amendment July 14, 1986 Page 2 of 2 H - Other areas approved for sewer service within the defined rural district Review of the Fulmer property in relation to Alternative Waste Treatment Methods (Required by CMP review CMP 6 - 44 [items 1 - 6) and exhibit D). 1. It is not feasible nor practical for Fulmer to alter water use in the Kennel operation. 2 6 3. The on site evaluator, Steve Schirmers and Gaffron confirm that the existing system cannot be expanded nor a new system installed meeting all standards of the code nor with any assurance that such a system will provide continuous service in the future. 4. Since 1978, the City has yet to find this a real alternative. Gaffron has not approved a composting or incinerative type system in the City. The system would not be effective with a high water user as the kennel operation. 5. Expense of adequate maintenance of holding tanks not economically practical or feasible in light of the location of the interceptor within Fulmers lot lines. The current system serving the house, installed in 175 is already inadequate on this severely limited property. 6. The property is surrounded by large acred lots with no record of septic problems. The property itself is bordered by railroad, Hwy. 12 and wetlands - the Eiset. 7operty to the east of the wetlands is a former dump/fill sit, not suitable for septic systems. A collection system and community or shared drainfield is not feasible. Staff Reco=endation - To approve the City's application to amend the Municipal Comprehensive Plan by redesignating the M.U.S.A. - M.S.S.R - boundaries within the City to now include the following properties already approved by the M.W.C.C. for sewer service: The Minnetonka/Bluffs/Browns Bay neighborhood, Windward and Minnetonka Boats Works properties on Shoreline Drive and the Crystal Bay neighborhood, and to approve new sewer connection for the residence and commercial kennel at 3505 Wayzata Blvd. based on the following f'ndings: 1. The extension of municipal sanitary sewer is (was) required because environmental and or health problems could not be technically or economically resolved on site. 2. The subject properties were all located adjacent to a M.W.C.C. interceptor. 3. The serving of these properties will not increase densities nor open new areas for development because of such a sewer extension. Comprehensive Plan Amendment August 6, 1986 Page 1 of 1 Additional Comments and Planning Commission Recommendation Additional Exhibit P - Blats Memo of 7/29/86 The Planning Commission voted 4 to 2 o recommend approval of the proposed Comprehensive Plan amendment based on the findings cited by staff in the first part of this memo. Staff has included a recent memo from Kathleen Blatz advising that since Orono is a statutory City, a two-thirds vote or 4 votes of the Council is required to approve an amendment of the Comprehensive Plan. Council Action: To give staff conceptual direction and request a resolution of denial or approval of the proposed amendment. CITY OF ORONO # U08 The Planning Commission will hold a Public Hearing in the Council Chambers at 1275 South Brown Road on Monday, July 21, 1986, at 9:00 P.M. to consider an amendment to the City of Orono Community Management Plan. The proposed amendment would provide for the inclusion of the following described properties within the designated Metropolitan Urban Service Area (MUSA) and the Metropolitan Sewer Service Area (MSSR): AREA 11 - MINNETONKA BLUFFS Co®encing at the northeast corner of the southwest quarter of the south- west quarter of Section 2, Township 117 north, Range 23 west, Hennepin County, Minnesota; thence east 330 feet along the north line of the southeast quarter of the southwest quarter of Section 2; thence south at right angles 375+ feet to the centerline of County Road No. 15; thence 380+ feet southwesterly along the centerline of County Road 15 to the east line of the southwest quarter of the southwest quarter thence southerly along the centerline of County Road 15 370+ fact on a curve deflecting to the left; thence southerly along the cent- erline of County Road 15, 101.4 feet on a curve deflecting to the right cen- tral angle 6005'; thence south 200 25' east 65+ feet to the shore of Lake Minnetonka; thence northerly along the shore of Lake Minnetonka to the east line of the southwest quarter of the southwest quarter Section 2; thence east- erly along the shore of Lake Minnetonka to the east line of the southeast quarter of the southwest quarter of Section 2; thence easterly along the shore of Lake Minnetonka to the east line of the southwest quarter of the southeast quarter Section 2; thence easterly along the shore of Lake Minnetonka to a point 235.3 feet west of the east line of the southeast quarter of the south- east quarter; thence north parallel with said east line to a point 721.88 feet south and 235.3 feet west of the northeast corner of the southeast quarter of the southeast quarter of Section 2; thence east 235.3 feet to the east line of nsr 1^ the southeast quarter of the southeast quarter of Section 2; thence 721.88 feet to the northeast corner of the southeast quarter of the southeast quarter N&C, ( of Section 2; thence west along the north Line to tI nurthwust corner of the southwest quarter of the southeast quarter Section 2; thunco we"t 945♦ Taut along the north line of the southwest quarter of the southeast quarter; thence northwesterly 150+ feet along the centerline of Ferndale Road West; thence northwesterly 275+ feet along the centerline of Ferndale Road West on a curve deflecting to the left with radius of 287.42 feet to a point on the west line of the northwest quarter of the southeast quarter of Section 2, 1132+ feet south of the northwest corner; thence north along the west line to a point 965.2 feet south of the northwest corner of the northwest quarter of the southeast quarter of Section 2; thence 150.5 feet northeasterly along the north right-of-way line of the Burlington Northern Railroad; thence 155.8 feet northerly; thence 95 feet westerly to a point on the west line of the north- west quarter of the southeast quarter Section 2 and 741.5 feet south of the northwest corner; thence north 114.3 feet along said west line, thence west 47.05 feet along the north line of Dickenson Street; thence northwesterly 271.7 feet; thence westerly 1L5.7 feet; thence south 242.6 feet to the center- line of Dickenson Street; thence westerly along said centerline 994.34 feet to the west Line of the northeast quarter of the southwest quarter of Section 2 and 660.00 feet north of the southwest corner; thence south along said west line 660 feet to the point of beginning and there terminating all located in Section 2, Township ill north, range 23 vest, Hennepin County, Minnesota. AREA 12 - SHORELINE DRIVE Commencing at the northwest corner of Section 11, Township 117 north, Range 23 west, Hennepin County, Minnesota; thence easterly 1125.09+ feet along the north line of Section ll to the NE corner of Government Lot 1; thence south 100 east, 585.4 feet to the point of the beginning; thence south 670 Page 2. 7 3 48' west, 192.97• feet to the shore of Tanager Lake; thence southerly along the shore of Tanager Lake to the south line of the north one -hell of the northwest quarter of Section 11; thence easterly along said south line to the shore of Lake Minnetonka; thence northerly along the shore of Lake Minnetonka to a point 14.3 feet north 670 48' east of the point of beginning; thence to the point of beginning and there terminating. All in Section 11, Township 117 north, Range 23 west, Hennepin County, Minnesota. AREA 13 - CRYSTAL PAY Commencing at the southwest corner of the northeast 1/4 of the southwest 1/4 Section 10. T117 north, R23 west, Hennepin County, Minnesota; thence east along the south line of said northeast 1/4 to the shore of Lake Minnetonka; thence northeasterly along the lakesore to a line extended southeasterly from the northeasterly line of the Ora Park Addition; thence northwesterly along the northeasterly line of said Ora Park Addition and its extension to the east line of Brown Road; thence north along the east line of Brown Road to the east line of the southeast 1/4 of the northwest 1/4 of Section 10; thence north along said tut Ltne to a point 7.48 chains south of the nurthes.L corner thence westerly 370 feet; thence south 410 west 239 feet to the centerline of Willow Drive; thence northwesterly along the centerline of Willow Drive to a point described as follows; "Commencing at the southwest corner of the northeast 1/4 of the northwest 1/4 of Section 10; thence northerly ■long the west line 395 feet 10 inches; thence south 350 45' east 1093.9 feet"; thence southerly from said point at right angles to Willow Drive to the northeasterly line of Maxwell's Addition to CryataL Bay; thence northwest along the north- easterly line to the west line of the southeast 1/4 of the northwest 1/4 of Page 3. # a Section 10; thence south along said west ne [ eo eat ne continuing south along the west line of the northeast 1/4 of the southwest 1/4 of Section 10 to a point 459 feet north of the southwest corner of said north- east 1/4; thence westerly 474.5 feet parallel with the south line of the northwest 1/4 of the southwest 1/4 of Section IC; thence southerly 459 feet parallel with the east line of said northwest 1/4; thence easterly 474.5 feet along the south line of said northwest 1/4 to the point of beginning and there terminating. AREA. 14 - 3505-3507 WAYZATA BOULEVARD Commencing at the Northeast corner of the Southwest quarter of the Northeast quarter of Section 32, Township 118 North, Range 23 West, Hennepin County, Minnesota; thence West 948.68 feet along the North line of the Southwest quarter of the Northeast quarter of Section 32; thence Southeasterly a distance of 1196.43 feet along the Northerly right-of-way line of the Burlington Northern Railway to the East line of the Southwest quarter of the Northeast quarter of Section 32; thence North along the East line of the Southwest quarter of the Northeast quarter of Section 32 a distance of 718.73 feet to the point of beginning and there terminating. All persons wishing to be heard will appear at this time. Written comments are solicited. A plat showing the boundaries of described property is available for review in the City Office. City of Orono By: Planning Commission Michael P. Gaffcon, istant Zoning Administrator Please publish in the Laker and Pioneer newspaper the week of Jti�Y 4118' -� "AIN � .�.�.� .�.�.�� y ' Yam•-• . �� ;�y .�i f -'�� q7 1 LVtE I i evm_mcu� • li f•T wrzm ! T - ' � r �♦ l �� � r�' � A ea: �ncl.J.d .' c�..-.Try y j-seEaex HILLS•- rr n_1C iAYZA'A ErTENSIE'N 10 S I I City of Orono, Minnesota G To: Brian Fulmer and Jeanne Mabusth From: Michael P. Saffron, Assistant Zoning Administrator Date: September 20, 1984 Subjects Soil f .d Site Conditions For Dog House Kennel Proposal Res Septic Systems - Site west of garage slab is not nearly big enough for a mound or any system. - Garage slab is over existing grainfield serving the house! My official recommendation is that the garage slab be removed. - Because of 75' well setback, there is very little alternate drainfield potential at this site, and what little there is should be preserved for alternate site to serve existing house. - Site east of proposed kennel was bored by Schermers and found co be fill material over peat/organic soils. Water table on 9/17/84 was at 3' +/- during the driest time this year. Schermers noted that the soil was mott:ed to the surface and likely would be saturated to very near ­ ice in the spring. He indicated he would not want to recomme. an a mound without a better knowledge of the high seasonal water table, ,robably by monitoring a number of inspection wells for a year. - In a conversation with Dr. James L. Anderson of the U. of M. Agrculture Extension Service, he suggested that the existing lei system be investigated further to determine how well it is tioning, and relate it's effluent quality in the tank to what be found with a human waste load. code requires "extensively detailed site and soil .vl .ions" on fill soils, and where peat sails are encountered, woul.. allow a system under only the most extreme conditions -_ to existing lot cgnfigUratign, The City is under no obli. to Apr ove a system on these soils. If a system was allow. would , subject to metering of inflows and periodic groundwat.r quality testing. I do not believe the City should allow a anew system to be constructed for a new or expanded use unless the minimum acceptable soil conditions exist, so that we aran't creating a agy problem where none appears to exist now. - As for th wisting kennel system, we have been repeat -IV told that no an: .al fecal materials are introduced into the system, and that the only discharge is from spraying out tnu kennel stalls and from dog wash water, hence we would expect a low - intensity effluent which might not form a sludge or a biomat. If *tiis is found to be the case, and no apparent problems with groundwater quality or liquid volume disposal are noted, I would feel fairly comfortable in allowing this type of a system to be installed for the Iennel for the existing type of use, without the human sewage element, i.e. can't hook us an apartment to it. - Holding tanks? Code states "Holding tanks shall be considered for reglacement systems pnly if there are no .her alternatives and it can be shown that their installation ...11 eliminate a public health or pollution hazard." - Based on the information at hand, 1 must conclude that the site conditions 'i not a �zar suitable for installation of a septic system tha City could confidently expect to function satisfactorily. The code and past practii and policy would not allow a holding tenk to serve a new dwelling uni in a location where municipal sewers are not pending. A kennel "graywater" system serving the property now should be investigated further to determine whether it could be safely expanded or moved to allow construction and use of the p posed kennel building. POPHAM, HAIM, SCHN'7BRICH• KAUFMAN 6 D u 11 JUL 3 01986 MEMORANDUM TO: Mark Bernhardsor FROM: Kathleen Blatz DATE: July 29, 1986 RE: nmen(�.ment of Comprehensive Plan Minnesota Statute S462, et. seg. 19 (, :,4), sets forth tae proceedure by which a municipality may prepare, adopt, and amend a comprehensive municipal plan. Section 462.355, subd. 3, clearly states that a proposed comprehensive plan or any amendment to it may not be acted upon by the city council until it has received the recommendation of the planning commission or until 60 days have elapsed from the date an amendment proposed by the city council has been submitted to the planning commission for its re, endation. A 1985 amendment to the statute further states that u ss provided otherwise by charter, the city council may by resoluti..i of t two-thirds vote of all of its members adopt and amend the comprehensive plan or portion thereof upon such notice and .tearing as may be req-ad in the city's ordinance. Since the City of Or,,ro is not , ome Rule Charter City, but rather a Statutory City, it .oust abide by the two-thirds vote requirement of all of its members. Given the fact that there are five voting members of the City Council, a comprehensive plan amendment must be adopted by a total of 4 votes in favor of the amendment. If you should have anv questions about Minn. State. 462 c<. seg. or any ordinance req tion pertaining thereto, please do not hesitate to g! ie a call. 5002e IA..'i: A1.o. Y40 Ta h:ri.ix[lYM .0 L Y nwllu [. Xl..m EE....J.r t Wltl• INO [Y. IM[w u. • mYY• ...xi JOB x...... A� R�•l. [CNY'O, IOO Yr[r _ w 410[ 4J.. rLWO.[ OO UY oR S[0011 110 [III, iwY1W A. A xY n.pp,wMu w pAa O:. O.[[YLF RAI..' OOn p OOC�avt.lox [X Ot4 [r[ .M t[ 1. LINDQUIST 6 VENNUM 0100 IDS CENTER MIMNLASOLU, 01NNISOTA S}[OL-SiOO 1CLEIM0MC.6121 ])1-3211 T[L[A [P. OOM )[LLLO II[I O)1JE0) CNLL LIMLIW MI MIM NLAIOl13 WI 01[ICL AO EAST L.N[ ST.C[T WMIC.TA. MIMN[SOIA SS)YI WPITCR'S 019ECT DIAL NVMSLN 473-4208 August 8, 1986 ._'hN '; /u D Orono City Council r� 8 City of Orono r Post Office Box 66 • 1'I� Crystal Bay, MN 55323 Re: Brian and Cathy Fulmer 3505 W. Wayzata Boulevard Long Lake, Minnesota 55356 Ladies and Gentlemen: From time to time we have represented Brian and Cathy Fulmer and at long distance have been generally kept aware of their efforts to ameliorate the sanitary sewer situation at their home and business on Highway 12 in Orono. I'm writing on behalf of the Fulmers to summarize their position about the pending sanitary sewer matter. It is the Fulmers' position, and they know that it is your position as well, that there is to be no major extension of sewer service west of Old Crystal Bay Road. They also know that you are in the midst of an intensive study of .the sar.fl.ary sewer system for Orono, other facilities for Orono, and at the c„nclusion of the study comprehensive changes will be recommended regarding Orono's land use control ordinances and including the comprehensive plan. While it is in the Fulmers' best interest that their sanitary riwer hook-up be made an exception to the completion of your study, they under- stand that you are reluctant to make such an exception. From my point of view the sanitary sewer situation with regard to the house and dog kennel facility at this site has existed for many, many years. At one level one could claim that there is something of an emergency requiring a sooner rather than a later hook-up. In addi,ion,for reasons relating to ameliora- tion of the neighborhood situation and the safety of the dogs, it is hoped that the new facility for the dogs also can be put up sooner rather than later. Therefore, on behalf of the Fulmers, given all the facts and circumstances of this unusual and unique situation, I would ask that you make an exception in the case of their property and allow them to hook-up to the sewer on an emergency basis immediately. 1� i�i5T 6 VENNUM moie Orono City Council August 8, 1986 Page 2 If you do not see your way clear to making this exception to allow them to hook up on an emergency basis, we would at least like to ascertain that the approvals heretofore given to the Fulmers for the construction of their new dog kennel facility and the hook-up eventually to the sanitary sewer system will be forthcoming once the study is completed, and the formal changes made in your ordinances and in your compre- hensive plan as reviewed and approved by the Metropolitan Council. I ask this since there is in fact a sewer situation at this sitewhich needs amelioration and the Fulmers wool,' like the assurance that some additional patient waiting on their part will ultimately bear fruit. Thank you for your consideration of their request. Very truly yours, LINDQUIST N6/ VENNUUUM Robert G. Mitchell, Jr. RGM:mes CC: Mr, and Mrs. Brian D. Fulmer rA ii'; i, : :a'ti�1G TO: Irono Council Members uG 1 1101F Fro.: Michael P. caffron, "ITry Assistant Planning & Zoning Administrator Date% August 7, 1986 Subject: f1015 Ervin F. Kamm, 755/763 North Ferndale Road - Subdivision (Approved 6/9/86) - Minor revision to drainage and utility easement along west boundary. In attempting to file this plat with the County, Nancy Husnick of the City Attorney's office, discovered that an existing access easement in favor of Stan Shanedling, Kamm's westerly neighbor, would take precedence over the proposed 10' wide standard drainage and utility easement in the same location. Shanedling would not sign a consent form waiving future damage claims if the City at some point used this easement for utiltiy or drainage purposes. In order to protect the City from future claims, we have requested that Kamm revise the drainage easement location to avoid Shanedling's easement. The lot boundaries remain unchanged, and note that the standard boundary drainage and utility easements do not reduce the calculated lot areas. PROPOSED MOTION: Moved by _, Seconded by _, to approve the revised drainage and utility easement location for the plat of Lydiard Hills, applicant Ervin F. Kamm, Application f1015. Ayes _, Nays _. 46S SHOWN ARE ASSUMED Eart IEILo /ineJ`R7 —,, ov uMioy Q2 Mes! lit CP \, A —'" Govtf LoI �T j l' / r ' Drainagqe and utidiy �—.casements 151 Is I 1 Ivi Is, o al I a Oramage and lily :�:;•/* ZZMS•�; ^E -G I =' I West I sI r a�,qa . ' 0'.. S • o ' 4� `.,'" I •....L ere pore/ x rR=e, •' lme ,SOY V II I �o Drodrooe and at;/.7y I �� �i�,� To: Mark Bernhardson, City Administrator From: John R. Gerhardson, Public Works Coordinator Date: August 5, 1986 Subject: Sealcoat Bid Award - 1986 The City of Orono will opening bids at 10:00 a.m. rDT, Aug, 9, 1986 for sealcoating city streets. Because of the time and date of the bid opening, information and recommendation will not be in your packet but presented to Council at the meeting August 11, 1986. To: Mary Butler 6 Orono Council Members Frame Mark E. Bernhardson, City Administrator�� Forwarded recommending approval. Proposed Motion: Moved _, Seconded Ou File No. 13930 y17 Cou' U,w �' qi ki ING SEAL COAT l7 PROJECT NO. 13930 AUG 111986 CITY OF ORONO, MINNESOTA MY OF 01'%01140 BID TIME: 10:00 A.M., C.D.S.T. BID TIME: Friday, August 8, 1986 CONTRACTORS 1. Allied Blacktop 2. Buffalo Bituminous 3. Bituminous Roadways, Inc. ENGINEERS ESTIMATE----------------- $120,000.00 TOTAL BASE BID 8r,',Vroo, Rosene, Anderlik & Associates, Inc. Otto a. awn.•.. IE .L Cw1. YE C. W. Ru,v. Y,. e C AVxN..P IW/W A. PC E. A•Iu.I W. I., PE —1CPPP.. RmM•C n+Yw.P.[ Peon a. SMwu4.GE. .'. 2225 W. hunk Highway 96 Engtn66r. & IlrChifeClS /•^�•.c aww vL. w.....L eww..vE St. Paul, MN $5113 m.x •e,no.IL. •E 612.626.1666 H—. wd1A..PEIL L )MEML /E August 7, 1986 ern EEC.. re E II �If. gg Ii r1 .... '_ ..•1i tl IY.L n—w'ln.+s.P w.W.IC /.�r1. PE. City i,f Orono j�„ x.,. L. Wie.. Lx Box 66 .�li 1 pp 1—E. war, PL. .--... A. .AC Crystal Bay, MN 55323 _ AM A. �.. er LYnCI ..A.IA. Attn: John Gerhardson IMnL.AT.. YE. em 1. rw 6 nYW. A. a .:— Re: L+WGG Orono Interceptor Pile No. 139 a..w Ole" r w.1A Bear John: This letter provides a review of our meeting with MWCC on August 4, 1986. The Metropolitan Waste Control Commission has selec Alternate 3 as the prefer- red construction alignment. The following is a brief summary of each alternate with the estimated con- struction coat and annual coat. Alternate I - Total ''cement of existing system in kind. Gravity extene+to eliminate L.S. #44. Estimated Construction Coat $2,4"1,174 Annual Cost $ 314,022 Alternate 2 - Parallel Force Main - Exietin( 'vatem would be used for normal flows. L.S. #40 ant ,.S. #46 would have new .,verflow stations. Estimated Construction Cost $2,010,814 Annual Cost $ 328,275 Alternate 3 - Combination of Alternate 1 and 2. Gravity extension to <14minate L.S. #44. Estimated Construction Cost $2,182,289 Annual Cost 289,628 Alternate 3A - S me as Alternate 3 except L.S. #45 was relocated to allow elimination of rity L.S. #10 in the future. Estimated Constructim, Cost $2,415,728 A,n.ai Coat $ 312,157 Page 1. 6os3d 30 Year Annive►sary City of Orono August 7, 1986 Or—o, Minnesota Re: MWCC Orono I>. rceptor File No. 13S The I—, a of the .roject is to provide adequate flow capac' is the MWCC trunk sewer system r that overflows into Lake Minnetonka do m cent in xhe future. The alternates proposed will all solve this problem. The most desirable alternate for the City is 3A as it would allow the City to eliminate L.S. i10 at some time in the future. NWCC has select.' Alternute 3 as the preferred alternate as it provides the least co^t. The construction cost increase to go with Alter,. to 3A is $233,439, which M.ICC would expect the City of Orono to pay The MWCC proposed to re am several :cements of the e:;.tiog gravity system to the City of Orono under Alternate 3, The return of these lines will result in some increased maintenance costs for the City of Orono. We feel that thx City of Orono sho ' at,r«e to taking beck the lines provided NWCC proceeds with Alternate 3A ..t their exper.a.,, The City of Orono does not have authority to accept or reject G.c se ted Alternate. Politically MWCC could prefer the City' concurrence and on r`.st basis we a ild try to get what is most beneficial to the Citj. MW:C doas jot have any p :danre for returning lines and this way be to tt,a C. ,'a adv, tags. The City of Orono shoald be looking at increasing the capacit- of our system in thr ree of L.S. i10. The City has experienced prublemL w'rh basement f loading is the +t as diec.saed. The selzction of Alternat :1 by NWCC would allow I..' to be eliminated as a p..: of upgrading this system. We recommend that the City of Orono pass a resolution recommend4ng that the MWCC pr. ted with Alt • ate 31 If you have any questions please contact this office. Yours very tru'i, RONEST1u0, iOSEWE, AIDERLIF 6 ASSOCIATES, INC. Glenn R. Cook GRC/aes age 69' 3d 6inxMC 'P = 2 EM CRYSTA BAY =�L46 wa [1 I«- 1 ORONO INTERCEPTOR IMPROVEMENTS u I MWCC PROJECT 85-67 ALTERNATIVE 3 LEGEND -• FORCEMAIN -� GRAVITY SEWER ■ UFT STATION u� L43 I LET STATION OWNED BY CITY LET STATION OWNED BY MWCC M421 MWCC METER SONESTR00• ROSENL ANDERLM E ASSOC. NC ENOIBERS S ARCHITECTS ST. FAIN., MIN ESOTA AliSUBAREA fUNRE RMACEYENT OF EXISTING ONAN SAYER TOL.5 l01 Clirp MONO). OF EXISTING L 0 PENT OF EXISTING Lp FORC[YAIN 1 \ R[VEPY DIRECTOR OF FLM L45 EROY PYC. YN.E9 IN YN-SS __ / V/E' IE' NCR SUBAREA S L.S ORONO INTERCEPTOR IMPROVEMENTS MWCC PROJECT. 85-67 ALTERNATIVE 3A -'. FORCEMAN GRAVITY SEWER LIFT STATION LID LIFT STATION OWNED BY CITY L43 LIFT STATION OWNED BY MWCC 0.21 MWCC METER BONESTROO. ROSENE, ANOERLIR A ASSOC.. NC. ENGINEERS A ARCHITECTS ST. FALL MI WTA REQUEST FOR PAYMENT DATE: August 1, 1986 FOR PERIOD: PLACE: Orono, Minnesota From, June 30, 1986To July 31, 1986 PROJECT:Nillov Drive Overlay -old Crystal Bay Rd, Overlay SPECIFIED CONTRACT PROJECT NO.:MSAP 152-101-07,152-102-08 FILE NO.: 13922 COMPLETION DATE: CONTRACTOR: Wm. Mueller 6 Sons, Inc. June 15, 1986 ADDRESS: 831 Park Ave. Hamburg, Mn. 55339 REQUEST FOR PAYMENT NO.: 5 SUMMARY: 1. Original Contract Amount 2. Change Order - ADDITION $ 4,900.00 3. Change Order - DEDUCTION $ _ 4. Revised Contract Amount 5. Value Completed to Date 6. Material on Hand 7. Amount Earned B. Less Retainage 5 Z 9. Sub -Total 10. Less Amount Paid Previously 11. AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: OWNER APPROVAL: Date: 7 S 232,826.74 $ 237.726.74 $ 203.886.66 $ 0.00 $ 203,886.66 $ 10,194.33 $ 193,692.33 $ _ 188,229.83 _ $ 5.462.50 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK 6 ASSOCIATES, INC. By: Approved By: Wm. Mueller 6 Sons, Inc. Contractor By: 0263d Project: Willow Dr. Overlay, Old Crystal Bay Rd. Overlay Payment No: 5 Orono, Mn. MSAP 152-101-07, 152-102-08 Pile No: 13922 Contractor: We. Mueller 6 Sons, Inc. Date: Aug. 1, 1986 STATEMENT OF WORK Unit Est'd Quantity Amount Item No. Contract Item Unit Price QuantiLy To Date To Date PART I - WILLOW DRIVE OVERLAY - MSAP 152-101-07 2104.505 Remove bituminous pavement S.Y. $4.00 60 85 $340.00 2104.521 Salvage pipe culvert L.P. 2.00 240 341.5 683.00 2212.501 Aggregate base, Cl. 5 (1001 crushed) T. 9.10 150 150 1,365.00 2212.501 Aggregate base, Cl. 5 (100% crushed) for driveways T. 9.10 150 115.82 1,053.96 2231.501 Bituminous patching mixture T. .55.00 150 94 5,170.00 2231.507 Joint and crack filler Lbs. 0.90 900 800 720.00 0231.601 Roadglass reinforcement (Design SP-1) S.F. 1.70 2,500 2,846 4,838.20 2331.504 Bitum. mat'1 for mixture T. 200.00 8 5.9 1,180.00 2331.504 Leveling course mixture T. 10.30 250 118 1,215.40 2341.504 Bitum. mat'1 for mixture T. 200.00 153 161.18 32,236.00 2341.508 Wearing course mixture T. 10.30 2,550 2,686.25 27,668.38 2357.502 Bitum. mat'l for tack coat Gala. 0.90 1,500 1,450 1,305.00 2501.511 12" CMP pipe culvert (14 gauge) L.P. 24.00 60 2501.511 15" CMP pipe culvert 04 gauge) L.P. 26.00 60 64 1,664.00 2501.511 15" CMP pipe culvert (7 gouge) L.F. 26.00 60 2503.571 Install pipe culvert (Design SP-2) L.P. 18.00 240 341.5 6,147.00 Page 1 0263d Project: Willow Dr. Overlay, Old Crystal Bay Rd. Overlay Orono, Mo. MSAP 152-101-07, 152-102-08 Contractor: Wm. Mueller 6 Sons, Inc. STATEMENT OF WORK Unit Item No. Contract Item Unit Price PART I - WILLOW DRIVE OVERLAY - MSAP 152-101-07 - CONT'D 2554.501 Traffic barrier Des. A-8307 L.F. $18.00 2575.505 Sod with 3" topsoil S.Y. 2.80 0564.603 4" wide broken line, yellow paint L.P. 0.051 0564.603 4" wide solid line, white paint L.P. 0.051 0564.603 4" wide solid line, Payment No: 5 File No: 13922 Date: Aug. 1, 1986 Est'd Quantity Amount Quantity To Date To Date 110 125 500 6,630 13,260 yellow paint L.P. 0.051 6,000 TOTAL PART I..... PART II - OLD CRYSTAL BAY ROAD OVERLAY - MSAP 152-102-08 2101.502 Clearing Ea. $35.00 2101.507 Grubbing Ea. 35.00 2104.505 Remove bituminous pavement S.Y. 4.00 2104.521 Salvage pipe culvert L.F. 2.00 2105.501 Ditch excavation C.Y. 3.50 2105.525 Topsoil borrow C.Y. 14.00 2112.501 Subgrade preparation S.Y. 1.70 2212.501 Aggregate base, Cl. 5 (100% crushed) T. 9.10 2212.501 Aggregate base Cl. 5 (100% crushed) for driveway T. 9.10 2221.501 Aggregate shouldering Cl. 5 (100% crushed) T. 9.10 2231.501 Bitum. patching mixture T. 55.00 40 40 50 180 1,500 600 450 30 30 47 138 925 29.4 150 150 50 $2,250.00 $87,835.94 $1,050.00 1,050.00 188.00 276.00 3,237.50 411.60 1.365.00 2,350 2216.46 20,169.79 150 83 4,565.00 Page 2. 0263d Project: Willow Dr. Overlay, Old Crystal Bay Rd. Overlay Payment No: 5 Orono, Mn. MSAP 152-101-07, 152-102-08 File No: 13922 Contractor: Wm. Mueller 6 Sons, Inc. Date: Aug• 1, 1986 STATEMENT OF WORK Unit Est'd Quantity Amount Item No. Contract Item Unit Price Quantity To Date To Date PART II - OLD CRYSTAL BAY ROAD OVERLAY - MSAP 152-102-08 - CONT'D 2231.507 Joint 6 crack filler Lba. $0.90 1,300 1,300 $1,176.00 0231.601 Roedglass reinforcement (Design SP-1) S.F. 1.70 3,700 3,448 5,861.60 2331.504 Bitum. mat'l for mixture T. 200.00 13 32.38 6,476.00 2331.504 Leveling course mixture T. 10.30 250 647.50 6,669.25 2341.504 Bitum. mat'l for mixture T. 200.00 155 134.68 26,936.00 2341.508 Binder course mixture T. 10.30 80 2341.508 Wearing course mixture T. 10.30 2,500 2,161.26 22,260.98 2357.502 Bitum. mat'l for tack coat Gale. 0.90 1,500 1,650 1,485.00 2501.511 12" CMP pipe culvert (14 gauge) L.P. 24.00 60 15 360.00 2501.511 15" CMP pipe culvert (14 gauge) L.P. 26.00 60 2501.511 18" CMP pipe culvert (14 gauge) L.P. 28.00 60 20 560.00 2501.511 24" CMP pipe culvert 14 gauge) L.F. 30.00 60 2503.571 Install pipe culvert (Design SP-2) L.P. 18.00 180 138 2,484.00 2511.501 Random rip rep, Cl. I1 C.Y. 45.00 6 7 315.00 2511.515 Geotextile filter S.Y. 2.50 10 2535.501 Bituminous curb L.F. 2.00 400 580 1,160.00 2554.501 Traffic barrier Dee. A-8307 L.P. 18.00 110 125 2,250.00 2575.501 Roadside seeding Ac. 250.00 3.5 1.0 250.00 Pagc 3. 0263d Project: Willow Dr. Overlay, Old Crystal Bay Rd. Overlay Payment No: 5 Orono, Mo. MSAP 152-101-07, 152-102-08 File No: 13922 Contractor: We. Mueller 6 Sons, Inc. Date: Aug. 1. 1986 STATEMENT OF WORK unit Est'd Quantity Amount Item No. Contract Item unit Price Quantity To Date To Date PART II - OLD CRYSTAL BAY ROAD OVERLAY - MSAP 152-102-08 - CONT'D 2575.502 Seed, Mixture 5 Lbs. $3.00 210 50 $150.00 2575.511 Mulch material, Type I T. 150.00 7 2 300.00 2575.519 Disc anchoring Ac. 150.00 3.5 1.0 150.00 2575.505 Sod with 3" topsoil S.Y. 2.80 500 0564.603 4" wide broken line, yellow paint L.F. 0.051 9,950 0564.603 4" wide solid line, white paint L.P. 0.051 19,900 0564.603 4" wide solid line, yellow paint L.F. 0.051 10,000 TOTAL PART II..... $111,150.72 CHANGE ORDER NO. 1 Extension in time only CHANGE ORDER NO. 2 Crushed Trap Rock $0.00 Ion $14.00 350 350 $4,900.00 TOTAL CHANCE ORDER NO. 2 - ADD..... $4,900.00 TOTAL PART I - WILLOW DRIVE OVERLAY TOTAL PART II - OLD CRYSTAL BAY RD.OVERLAY TOTAL CHANGE ORDER it - EXTENSION IN TIME ONLY TOTAL CHANGE ORDER I2 TOTAL WORK COMPLETED TO DATE....... $87.835.94 111,150.72 0.00 4,900.00 $203,886.66 0263d Page 4. I .UG1i1o' To: Mark Bernhardson, City Administrator .,iN OF 00,14a From: John R. Gerhardson, Public Works Coordinator '! Date: August 7, 1986 Subject: Hennepin County Recycling Ordinance Attached for review are a few of the highlights of a proposed recycling ordinance to be adopted by Hennepin County. Staff is reviewing the complete ordinance and will be attending the public hearing on August 13, 1986. Council will be informed of the progress as information is received by the City. MAR[ AN DREW �^ V'Y<c fHUNt awe-aoeo BOARD OF HENNEPIN COUNTY COMMISSIONERS 2400 GOVERNMENT CENTER MINNEAPOLIS. MINNESOTA 55487 MEMORANDUM TO: Hennepin County City Managers Community Newspapers, District 7 Neighborhood Organizations Environmental Organization/sl ----- - FROM: Commissioner Mark Andrew RE: Mandatory Recycling Ordinance - Public Hearing - 10:00 a.m. August 13th - Hennepin County Board Room The Hennepin -ounty Board's Public Service Committee will be meeting August 13th at 10:00 a.m. to hold a public hearing on our proposed recycling ordinance. The ordinance would: Require all cities in Hennepin County to have a recycling program with a goal of 16% recycling of all waste generated in that community. Allow all recyclable glass, aluminum and cans to be placed in one container for leter separation at a centralized processing facilit;. - Establish a licensing system for collection or hauling of recycled materials. Establish an enforcement program allo•-ping haulers to issue warning notices to persons not in compliance with the requirements of the ordinance. Establish a system of issuing citations to persons not in compliance with this ordinance. This public hearing is being held to provide the public with an overview of this proposed ordinance and to provide an opportunity for citizens to comment. TO: Mayor and City Council 8186.2 // FROM: Mark Bernhardson, City Administrato4P1 3 PolU'V41"" %!tFfING DATE: August 1, 1986 f,UU 1 1 j01;:p SUBJECT: VanEeckhout Request for water Hookup m As you will recall the City of Orono and the City of Long Lake have agreed to permit utilization of sewer by the VanEeckhout property immediately north of the City of Long Lake and immediately east of North Brown Road. Based on that approval, the builder submitted his applications for a building permit which indicated a hookup to Long Lake city water. Mr. VanEeckhout was notified that unless he had been approved for water staff could not approve the plans unless he wanted to submit the plans with a well. He has submitted with a well and a building permit has been issued. Attached please find the memo from Mike Gaffron outlining the issues related to water hookup. This property is not contained : ithin the water agreement area (see attached) as it was negotiated between the City of Long Lake and the City of Orono back in 1984. As such it would require concurrence of both ties. While such connection of the property does not necessitate an "extention", it is still in the rural area and sewer was permitted as the only feasible means for sanitary disposal. Based on the initial request there has been no demonstrated need of the hookup to water being the only alternative available to the applicant. This has been indicated to the applicant and it has been requested that he bring forward any facts that he feel appropriate to the situation. If the City of Orono does concur with his request, the City would then forward a request to the City of Long Lake requesting its approval for hookup to their water system. RECOMMENDATION It is the staf f Is recommendation based on the information submitted to date that the request be denied, as hookup to water is merely a convenience and cost saving to the developer and a well is a feasible alternative for this site. The basis for this recommendation is that there may be several other properties equally situated that abut the Long Lake water system who may also desire to hookup. Such hookups were not in the contemplation of the rural area currently designated in the comp plan unless there is a rezoning and/or comp pl:.i amendment. PROPOSED MOTION - Moved by , seconded by _, to deny the request for water hookup to the property as an onsite well is a feasible alternative in this case. Ayes _, Nays cc: Charles VanEeckhout Michael Gaffron, Assistant Zoning Administrator John Gerhardson, Public Works Coordinator CITYof ORONO Post Office Box W, Crystal nay. Minnesole Sfa'LI s Munidl+al Otaaa, On the North Shore of Lake Minnetonka August 4, 1966 Van Eeckhout Bldg. Corp. 1935 Wayzata Blvd. Suite 165 Long Lake, MN 55356 RE: 650 M. Brown Road - Request for water connection. Dear Mr. Van Eeckhout: We arc in receipt of your request to connect the above - referenced property to the Long Lake water system. This matter will be before the City Council on Monday August Ile 1996 (meeting starts at 7:00 pm). The attached memo indicates what concern3, the city staff has regarding the city's water connection policy. Please contact me at 473-7357 if you have any questions. Sincerely, Mich �fr F ` Assistant Zoning Administrator SC IL DING& I(M IN(; - 47343A7 A AIM(INISINATION A FI%AN('1 - 473.715A A It At N'NfM\] - 4" 7351 ANUS.5ING Tos Mark E. Bernhardson, City Administrator John R. Gerhardson, Public Works Coordinator From: Michael P. Gaffron, Assistant Planning a Zoning Administrator Dates July 29, 1986 Subjects Van Eeckhout request for connection to Long Lake municipal water, 650 North Brown Road Attached is a copy of the request by Van Eeckhout Building Corporation for City of Orono approval to connect the home under construction at 650 North Brown Road to the Long Lake municipal water system. As you are aware, Long Lake has approved this and would be billing the property owners directly. This property is in Orono's Rural Zone, and the Rural Land Use Policies c: the Orono Community Management Plan generally state that rural development will occur without the extention of municipal utilities. In this case, there is an existing Long Lake watermain adjacent to the property, hence no "extention" of municipal utilities is required. The applicant has not demonstrated a hardship and development of a well on the property is certainly feasible. The only "hardship" is financial. There are likely other properties in Orono and adjacent to the Long Lake water system that could make the same request. Staff has not identified such properties, but we presume that in virtually all cases, a well could be placed on the property without any problems. If the Council wishes to keep the same consistent policy as with sewer connections, then a hardship must be demonstrated, i.e. show that a wall can't be developed on the property. On the other hand, I can find nothing in the Code or the Comprehensive Plan which specifically disallows connection of adjacent properties to existing water utilities as long as no extention of the utilities is required. water utility connections are not under the umbrella of MWCC control, and hence nc Comprehensive Plan amendment is required by the City to allow ookup such as is requested. /-V./--- VAn EECKHOU1' BUILDING CORPORATION 1935 Wayzata Boulevard • Suite 165 • Long Lake, MN 55" • (612) 473-1578 August 4, 1986 City Of Orono Post Office Box 66 Crystal Bay, MN. 55323 RE: 650 North Brow..! Rd., water connection to the Long Lake system. Dear Sirs: Enclosed you will find a copy of a letter the City of Long Lake sent me approving a water connection for 650 North Brown Rd. in Orono to the Long Lake system. I would also like to hear from you giving us your approval. If you have an questions please give me a call at 473-1578. Sinc truck Van Eeckhout Presider, City of Long Lake P. o. sox L LONG LAKE, MINN. 55356 Jul-, 39, 19M ,it. Chuck VanEeckhout 1935 Rest Wayzata gnolevard Suite 165 Long Lila, M 55356 RE: 650 North grown Road: hater and Sewer Connection to Long Lake System Dear Mr. VanFeckhout: I have enclosed n cony of the .tune 17, 19R6 until meeting minutes which indicate Long iwke's approval of n water and sewer connection for the property at 650 North nrown Road. A speci`lc condition of the hook up was that there would he direct billing Env water used and sewage collected. 0ther requirements not listed in the minutas nre listed belnw. R1. The waterline will be of t" copper fron the ,at top of the wnternnin to the water meter location. A curb stall will be located at the property line and land ties of its location will be suhnitted to Long Lake. The meter will he a Rockuell 5/9 by 1/6 renote rending ncter; meters -ire available at Loop Lnke City pall. 112. The sewer service of elther cast iron or annroved plastic will be nrnnerly bedded in annd and pitched for proper drainnf!e from the saddle connection at the m" PVC sewer main to the residence. Cleanouts wil.1 be required every 75'. 03. refore an,, work is startod omrnits nust be obtained for both the water and newer connection. All work will be Inspected by Long Lake personnel before covering. N. The easement for the service lines will be. private and Clio responsibility of the landowner. If you have any further questions, please call at 4/3-69e1. 5lncetol.••, 't��tze��•. Public 'Yorks Director Long Lake W/wn RbbvbMR 1'1G611bO r, June 17, 1986 A Regular Meeting of the City Council, Long Lake, Hennepin County, Minnesota was held in said City on Tuesday, June 17, 1986 at City Hall. CALL TO ORDER Mayor Kunze called the Meeting to order at 7:30 p.m. Members Present: Kunze, Schaefer, Day, Swartwood, Patch members Absent: None APPROVE MINUTES Motion by Member Patch, second by Member Swartwood to REGULAR MEETING approve the Minutes of the Regular Meeting of June 3, 1986 6/3/E6 as written. All voted in favor. Motion carried, PERRY'S SIGN Motion by Member Patch, second by Member Swartwood to PERMIT GRANTED approve Rick Perry's sign request to replace the current pylon sign at his station at 2205 W. Wayzata Blvd. displaying the Deep Rock Logo with a Texaco sign as he is changing suppliers. The new sign will be the same size or slightly smaller than the current one. Approval is granted with the knowledge that if the signage on his property does not conform to the new Sign Ordinance he will be required to change it at that time. Approval is on the recommendation of the Planning Commission. All voted in favor. Motion carried, SANITARY SEWER On October 2, 1985 Anne B. McCourt, owner of the property at 1124 UNDERHILL 1124 Underhill Circle, was sent a letter advising her that she would have to comply with the City Ordinance and connect to the City Sanitary Sewer System. Since she had just recently purchsed the property, she was given until June 1, 1986 to comply. To date this has not been done, therefore the City Attorney was directed to write a letter, giving Ms. McCourt 45 days to comply, or further legal action will be taken and to advise her of the penalities that will applied according to the City Ordinance. WATER/SEWER Motion by Member Schaefer, second by Member Day to approve BOOR -UP FOR the hook-up to the Long Lake Water/Sewer System request of VABEECEBOUT Eugene S Tana Roehl for the property they are purchasing GRANTED from Vaneeckhout at 650 North Brown Road, and to use one of the Long Lake SAC Units and to bill the Roehl's directly for water and sewer used, based on the following findings: The property at 650 North Brown Road has been soil tested and found to have very poor potential for a standard Septic System; poor potential for an alternate mound system for,cost reasons and because of the proximity of the property to Long Lake, a septic system could pose a substantial environmental and health problem to the Lake. The Council further finds that the City of Long Lake is willing to allow adjacent properties in Orono to connect to its Sanitary Sewer System in appropiate cases. These applicants have proven financial hardship and health/ environmental hardship. Compared to the coat of connecting to the Long Lake Sanitary Sewer, which is readily available, the cost of a Septic System would be 4 to 5 times higher. A letter regarding this decision and these findings is to be sent to the City of Orono, Vaneegiout Corp., Jeff Stebbins, and Eugene i Tana Roehl. All voted in favor. Motion carried. /6 To: Mark Bernhardson, City Administrator LUG 11igp6 From: John R. Gerhardson, Public Works Coordinator Dates August 4, 1986 Subject: Baldur Park Road Shoreline Erosions On June 23, 1986, Mrs. Ginny Keesling requested assistance from the City for rip rapping along the shoreline of 1384 Baldur Park Road. Mrs. Keesling stated that the shoreline has been eroding drastically in the last six years and it is her feeling that at least three feet of shoreline has eroded away. The area that has eroded is part of the road right-of-way that the Keeslings and two other residents use as a private road to their prop=rty. The City does not maintain any part of the road right-of-way at Keesling's property. However, it should be noted that there is a sanitary sewer main line in the roadway and that at one point the sanitary sewer line is within 13 feet of the shoreline. After review of this matter, it is r..ff recommendation not to participate in the funding of the rip •tpping, however, if the Council feels some responsibility and wishes to participate, it is staff recommendation to designate this as a public improvement project and assess the costs to the benefitting property owners. To: Mary Butler a Orono Council Members From: Mark E. Bernhardson, City Administrator Forwarded recommending approval. Proposed Motions Moved Seconded , to accept staff recommendation not to part�ipate in th-e-7unding of the rip rapping of this property. Ayes _, Nays 848b./ 4r/ TO: Mayor and City Council 1Ub1 FROM. Mark Bernhardson, City Administrator r9TY OF olfAM DATE: August 4, 1986 SUBJECT: Crystal Bay Project - Final Inspection September 178 1986 has been established as final inspection date for the Crystal Bay sewer project. Any interested Councilmembers and/or residents may accompany John Gerhardson and Glenn Cook as they review the punch list and project with a representative of the contractor, commencing at 10:00 A.M. that date. Anyone interested in attending is welcome, it is anticipated that most of the problems with the project will be corrected prior to that date. PROPOSED MOTION - Moved by _, seconded by _, to acknowledge the date of September 17, 1986 as the estr ished tenative date for final inspection for the Crystal Bay sewer project. Ayes _ Nays __. 8486.1 AUG 111986 TO: Mayor and City Council Al r OF P4 ANO FROM: Mark Sernhardson, City Administrato Z� DATE: August 4, 1986 SUBJECT: Strategic Planning Meeting As directed at your Council meeting in May 7, 1986 staff would like to establish a meeting date to spend about 2 hours with the Council to do some strategic planning and goal setting for the up coming year. This will constitute a review of goals and objectives established by staff and any amendment thereto together with that of the Administrator's goals and objectives and any additional goals and objectives that Council would like to work toward. Given the Highway 12 meeting on September 3 and the Budget meeting of September 17 it is suggested that a date the week of October 6th would be appropriate. PROPOSED MOTION - Moved by _, seconded by , to establish October , 1986 as the meeting date for the Council to undertake strategic planning process in advance of the 1987 budget. Ayes Rays __ 8586.1 1 3 4+ 4f% TO: Mayor and City Council �j /.11u inE'' FROM. Mark Bernhardson, City Administrato��/�� DATE: August 5, 1986 SUBJECT: Building Inspector's Salary - Tom Jacobs As part of the approval for the Wayzata contract at the July 14, 1986 meeting was a 10% temporary increase for Mr. Jacobs. Due to an error on my part the figures used were incorrect. The, approval given was for $25,300 to $27,830. It correctly should have been from $26,354 to $28,989. This still is in line with the market and comparable worth. RECOMMENDATION - That the 10% increase be appropriate for the added cespons Cbilities under the Wayzata building contract. PROPOSED MOTION - Moved by _, seconded by _, to approve the corrected temporary 10% increase for Mr. Jacobs from $26,354 to $28,989, a temporary increase from 1 June 1986 through December 31, 1986 for added responsibilities for the Wayzata contract. Ayes _, Nays _. 8186.9 --!Pqg��p . St- 'rF11Q l'.UU 1. jgZ'p ORDINANCE NO. , 2ND SERIES AN ORDINANCE OF TOE CITY OF ORONO, MINNESOTA, AMENDING ORONO CITY CODE CHAPTER 2 ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" AND ORDINANCE NUMBER 8, 2ND SERIES BY CHANGING P. PROVISION RELATING TO SALARIES OF THE MAYOR AND COUNCIL MEMBERS; AND, BY ADOPTING BY REFERENCE ORONO CITY CODE CHAPTER 1 RELATING TO DEFINITIONS AND GENERAL PROVISIONS. THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: Section 1. Orono City Code Sec. 2.17 is hereby amended to read: SEC.2.17. SALARIES OF MAYOR AND COUNCIL MEMBERS. Subd. 1. Salaries of the Mayor and Council members, effective January 1, 1987, and which amounts are deemed reasonable, are hereby fixed as follows: A. The salary of the Mayor shall be $3,600.00 per year, paid monthly. B. The salary of each Council member shall be $2,900.00 per year, paid monthly. Subd. 2. In accordance with Minnesota Statutes, Section 415.11, any changes in the foregoing shall be by ordinance and shall not take effect until after the next succeeding City election. Section 2. Orono City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect and be in force from and after the date of its passage and publication. Passed by the City Council this llth day of August, 1986, by a vote of ___ ayes and _ _ nays. Mary C. Butler, Mayor — ATTEST: Dorothy M. Haltin, City Clerk Published In the Laker and Pioneer newspaper the week of August 18, 1985. TO: Mayor and City Council 8186.4 FROM: Mark Bernhardson, City Administrat a NG DATE: August 1, 1986 [Ij u SUBJECT: April - June 1986 2nd Quarter Liquor Report "'i"c' 1,si;y0 Attached pie ase find the liquor report for the store through the end of June 1986. As you'll recall the first quarter lagged about $1,000.90 behind projections and resulted in a $5,800 loss. While the sales results from the 2nd quarter sales, have been very strong and made a 2nd quarter profit, the year to date operations, lag about $3,600 behind projections but reduces the 6 month loss to ($2,098). Business continues to be brisk and staff is working to minimize expenses and make sales more profitable. Below are the first six months results historically and as a view against the targets that have been established. '83 184 185 1986 Actual Actual Acutal Target Actual Net Sales 190,115 199,485 189,145 214,000 210,039 Cost of Sales 136,200 142,175 138,513 154,800 153,526 Gross Profit 53,915 57,310 50,632 60,705 56,513 Expenses 55,100 58,228 59,224 60,276 59,767 Operating Income (1,185) (918) (8,592) 435 (3,254) ( ) - Indicates Loss Non Operating Revenues 1,501 1,562 1,100 1,156 Net Income 316 644 (7,492) (2,098) Inventory 114,205 111,743 108, 282 90,00 85,376 The 1986 targets, if met, would yield about $10,000 net income by the end of the year, currently the operation is $3,600 behind the target net profit. For comparison the .eration was $500 behind the target in March (a $5,400 loss.) 1983 when the operation lost ($1,185) through June eventually made $17,500 by years end. While personnel services expenses have been significantly decreased these are somewhat offset by a doubling of liability insurance rates. One extraordinary cost has been $1,650 for legal expenses charged in 1986 for a 1985 case. Excluding these charges places the operating loss about $1,6Q6 net loss for six months and $2,000 behind the target. RECOMMENDATION - Although performance continues to be strong it Ti-recommended this item be discussed at the August 25, 1986 Council meeting. Proposed motion - Moved by seconded by to accept the information for the second quarter liquor results and that the item be placed on the August 25, 1986 agenda for further discussion. Ayes , Mays cc: Tom Kuehn, Finance Director 8 Lorraine McGowan, Liquor Mgr. i t Q CITY OF ORONO MUNICIPAL LIQUOR STORE STATEMENT OF REVENUE AND EXPENSES .Tree Monthe Ended June 30 Six Month East" Jose 30 _________________________________________ 1996 1 1985 _______-_________________________________ 1986 lass _________________________________________ ANoost t Selu Amoost 0 "INS ________________________-----_-___--__--- Yount a Rules Yount a Sales Sales and Coat of Salest Sales $130,911 100.00E $110,842 lOw.001 0217.641 100.00E $193.365 100.00E As lea dianoosts 6.026 3.08E 3,153 2.65E 7,602 3.401 6,220 2.19E Net sales __________________ 126.785 96.92E __________________ 115,689 91.35E ------------------ 218,039 96.609 ------------------ 159.145 97.921 Cost of "lea 92,663 10.68E 85,175 71.679 153,526 10.61E 138,313 __________________ 11.63E Or... Profit --------- $34,322 _---- -_ 26.26E ---------- 630,51E ---- --- 25.60E __________________ $56,513 25.991 $50,632 26.19% After Sales Dian. Operating expenses: Personal Services 18,955 16.69E 20,506 11.25E 36,816 36.93E 61,120 21.21E Supplies 516 0.19E 390 0.33E $36 0.30E 961 0.50E Insurances 2,581 1.91E 1,05 1.26E 5,108 2.359 2.926 1.51E Building rent 3.750 2.01E 3,750 3.16E 7,500 3.65E 7,500 3.88E OEMr service. 9 cMrge. 5,66E 6.16E 3,258 2.16E 0,651 3.98E 5.662 3.939 Depreciation 620 0.33t 627 0.36E 856 0.390 ass 0.66E __________________ Total Operating Expense 31.696 26.23E __________________ 29,006 25.081 ------------------ 59,767 21.60E --------------- 39,22E 30.636 __________________ Operating Inco.e (In..) 2,626 2.01E __________________ 708 0.60E ------------------ (3,254) -1.69% ---------_--______ (8,592) -6.66E Nonoperating Revenue: Interest on Investments 626 0.531 650 0.55E 1,078 0.49E 1,100 0.51E Other 37 0.039 - - 18 0.06E - ________________-_ - _---------------- Total monoperating Rev. 661 0.51E __________________ 650 0.55E 1.15E ------------------ 0.53E 1.100 ______-_-_------ 0.519 __________________ Net Incase (Lou) $3,281 2.51E __________________ $1,358 1.15E (92,090) -0.96% (01,692) -3.879 GROSS PROFIT ON SAM GROSS PROFIT ON SA1.E9 TYPE OF SALE A B A B ------------------------------------ A • A Liguor - Sale. 32.66E 33.201 36.14E 36.05E - profit 33.101 29.09E 29.11E 26.19E 35.25E 30.35E 32.05E 26.10E Nine - sales 22.301 25.621 23.16E 26.66E - profit 25.6B9 33.51% 31.15E 35.11E 26.51E 33.65E 31.36E 33.659 Beer - ..lea 62.02E 30.96E 39.06E 36.68E - profit 31.61E 26.169 36.62E 25.03E 33.63E 26.129 13.11E 26.01E Nix 6 Was. - Sales 3.229 3.22E 2.961 2.83% - profit 3.95E 35.99E 6.06E 35.16E 2.61E 29.11E 2.860 28.929 Totale - Nale. 100.00E 100.00E 300.00E 100.001 - Oense profit 300.00E 29.321 300.00E 20.33E lOf 10% 29.39E 100.001 20.37, - Mle. di.nooste --------- 3.08E 2.659 3.60E --------- 2.18E _________ 26.160 --------- 25.66E 2S.99E 26.191 NOTE eoluen. W reflect ule./gross profit AN s percent of tM total Sala./grea. profit cclums •la reflect gross profit as a percent of tM type of "Is l CITY OF ORONO MUNICIPAL LIQUOR STORE BALANCE SHEET ASSETS JUNE 30, 1986 Current Assets: Cash and investments Returned checks a credit card charges Accounts receivable Accrued interact receivable Prepaid expenses Inventory for resale Total Currant Assets Property and Equipments Leasehold Improvements Equipment Less accumulated depreciation Net Property and Equipment Total Assets LIABILITIES AND FUND EQUITY Liabilities, Accrued rages payable Accrued retirement payable Accrued credit card expense Accounts payable Due to State (Bales Tax) Due to Federal Gov't (Liq. Tax) Total Liabilities Fund Equity, Retained earnings January 1 Net income Jan. 1 to June 30 Transfers to General Fund Total Fund Equity Total Liabilities 4 Fund Equity $44,994 604 628 5,469 85,376 $137,071 725 25,763 $26,488 23,789 2,699 $139,770 $2,938 425 108 19,561 2,074 944 --_-__--_ $26,050 $115,818 (2,098) 113,720 $139,770 JUNE 30, 1985 ---------------- $24,793 350 1,1( 4,560 108,282 ---------------- $139,085 25,763 ________$26,488 22,078 4,410 $143,495 $2,815 501 127 16,510 1,622 ________________ 521,575 $129,412 (7,492) ________________ 121,920 $143,49S 8486.2 �7 TO: Mayor and City Council PROM: Mark Bernhardson, City Administrator = DATE: August 4, 1986 SUBJECT: Patrol Officer Hiring - Mark Moran At the July 14, 1986 the Council directed the Administrator to undertake the hiring of Mark Moran as a patrol officer if appropriate. This is to indicate that Mr. Moran has been hired effective August 14, 1986. Moran has passed all the appropriate screen applications and will be starting at the one year contract rate. Mr. Moran will be entering into the Orono field training office training program as done by all new officers regardless of previous experience. PROPOSED MOTION - Moved by , seconded by _, to confirm the appointment of Mark Moran at the one year salary level with review at the six month mark commencing August 14, 1986. _s Nays 8186.6 cam! 7 f.0 G 111986 TO: Mayor and City Council ;TV FROM: Mark Bernhardson, City Administrator DATE: Ao�ust 1, 1986 SUBJECT: Letter of Resignation - John Hammere l Attached please find the formal resignation of John Hammerel as a' Councilmember effective July 29, 1986. PROPOSED MOTION - Moved by , seconded by _, to accept the resignation of Mr. Hammerel as a Councilmember effective July 29, 1986 and by Council direction will send a letter of appreciat'on to Mr. Hammerel recognizing '•is outstanding service to the City of Orono. Ayes _, Nays _ . � •��gu,�, ram,✓ . 8186.5 TO: Mayor and City Council pppppp��� FROM: Mark Bernhardson, City Administratokr� DATE: August 1, 1986 J SUBJECT: Councilmember Appointment - Edward Callahan At your July 14, 1986 meeting on a 4 - 0 vote the current Councilmembers moved to appoint Ed Callahan to the position of Councilmember filling the vacancy of John Hammerel who's resignation was effective July 29, 1986. Based on advice of the City Attorney it is recommended that the Council adopt the attached resolution indicating that Mr. Callahan is qualified and can fill the vacancy. PROPOSED MOTION - Moved by _ , seconded by , to adopt resolution } appointing as a qualified Councilmember Ed Callahan to the Orono City Council effective 1 August, 1986. Ayes _, Nays _. 8186.5 City of ORONO F RESOLUTION OF THE CITY COUNCIL NO. F.o;ileltil9.1 APPOINTMENT OF EDWARD CALLAHAN TO THE POSITION OF COUNCILMEMBER AS OF AUGUST 1, 1986 WHEREAS, John Hammerel, Orono City Councilmember appointed to the City Counc?t effective July 1, 1985 replacing Lynn Adams who had resign( from the Council, has now himsel` resigned, and WHEREAS, John Hammerel's resignation was effective July 29, 1986, and WHEREAS, the Council of the City of Orono at its July 14, 1986 meeting moved to select Edward Callahan to fill the unexpired term of John Hammerel, and WHEREAS, Edward Callahan, who has for many years served as a member of the City's Planning Commission and WHEREAS, Edward Callahan is deemed to be qualified to fill the vacancy. NOW, THEREFORE BE IT RESOLVED, t'nat Edward Callahan is appointed to fill the unexpired term of John Hammerel from 1 August, 1986 until a new member is sworn in on the new City Council in January 1987, and THEREFORE, BE IT ADDITIONALLY RESOLVED, that Edward Callahan must run for election at the November 4, 1986 election and win in order to be a Councilmember beyond that date. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held August 11, 1986. Mary C. Butler, Mayor ATTEST: Dorothy M. Hallin, City Clerk 8186.7 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator' DATE: August 1, 1986 SUBJECT: Appointment of Election Judges Attached please find a list of election judges to serve at the September 9, 1986, primary and November 4, 1986 general elections. PROPOSED MOTION - Moved by , seconded by , to approve the appointment of attached list of election judges. Ayes _, Nays 73186.2 A RESOLUTION APPOINTING ELECTION JUDGES FOR THE PRIMARY ELECTION TO BE HELD SEPTEMBER 9, 1986 AND THE GENERAL ELECTION TO BE HELD NOVEMBER 4, 1986 BE IT RESOLVED that pursuant to Minnesota Election Laws - 204B.21 Subd. 2 the following persons are appointed as election judges for the Primary Election to be held September 9, 1986 and . the General Election to be held November 4, 1986. Albert J. Ackerman Wilbur Andersen James Berg Nancy Brantingham Mark Carlton Connie Carruthers C. Ann Clark Marlene J. Deschler Norma Dickey Darlene Durkin Ruth D. Eisinger Betty Ekeber.g Oliver Engstrom Barbara Ericson Ruth K. Garlock Marjorie F. Gasch William C. Gonyea Marion C. Gray Joy Grundeen Julie Barren Cliff Hillstrom Ruth Hoffman Betty Howells Jan Johnson Mariam I. Johnson Bonnie Kaster Judith L. Kyker Annette M. Langford Sandra Larson Dolores Lauer Rose Madden LaDean McWilliams Margaret Mattson Kathy Miller Ralph Miller Eileen Nicholls Barbara Olson Christine Peasley Marni Platteter LouAnn Powell Dorothy Rauschendorfer Marvel Rice Margaret Slhoph Patricia G. Spencer Lillian Stubbs Cecilia Sundean Kenneth Turnham Adopted by the City Council of the City of Oro:io, Minnesota at a regular meeting held August 11, 1986. Maly C. But Te r, Mayor ATTEST: Dorothy M. Hal in, (Tfty ZIe[lc 8186.8 ?J TO: Mayor and City Council (.UL 1 1 FROM: Mark Bernhards, n, City Administrato# 1. 1-V "�: 4'i •Y DATE: August 1, 1986 SUBJECT: Administrators Information ASSISTANT CHIEF SELECTION - The City has received the results in the selection process from the consultant and the City Administrator and Polic? Chief will be studying those and setting up an oral interview during the week of August 18, 1986 to make a final recommendation for appointment to the Assistant Chief position(s). DEERING ISLAND - The City is continuing discussions with its Attorney related to the possible civil matter related to Deering Island and its ude. BIG ISLAND BOARD OF GOVERNORS - As noted in the attached letters the Board of Governors feels that they have not received appropriate treatment by City staff, however as also noted this has not been brought to the attention of either the Department Head or myself. Traditionally the staff would have scheduled them for the August 11, 1986 meeting however given the anticipated size of the agenda together with the fact that the City Administrator will be on vacation it was felt appropriate to move that to the August 25th meeting. This later date additionally allows the Board of Governors an opportunity to develop a list of specifics regarding their concerns as it related to staff relations. GOAL SETTING - Attached please find City Administrator's Goal §-eEt-TWgF status through July 31, 1986. TONKA TRANSMISSION - During a conversation subsequent to the last uncrl mew Coit was indicated to staff that Tonka Transmission will not at this time seek additional parking as a revised conditional use permit as he has been able to ameliorate his parking problems and bill payment problems by towing to another area. The City will continue to monitor the situation and ensure that the approved 10 slots will continue to be adhered to. KEAVENY PROPERTIES - The City Assessors have reviewed the property and established a value if the property where the Chicken Joint was would actually be subdivided from the bulk of the Keaveny property. This has been a concern for Mr. Keaveny as he is afraid that the assessed value will increase and thereby his taxes will increase which he does not want to face unless the property is sold off. Mr. Keavney has until January 1987 to complete final subdivision on the property. Additionally staff is reviewing the existing building to see if hazardous building proceedings are appropriate on the property. s PRING HILL PAYMENT - The City is in receipt of the $4,400 d oluntary donatl on from Spring Hill for 1986 which is 10% increase from the 1985 amount. Based on the revised valuations done this year based on the formula would be $5,464. Because of the increase in the number of tax exempt parcels this would increase to $6,512. Both figures are below the $8,300 formula amount last year due to reduction in valuation. (The 1985 valuation was based on prior valuations plus cost of new construction which over estimated the market value.) PEMBERTON - 3580 North Shore Drive - Update regarding variances granted per Resolution #1903. The Pembertons have revised their site plan and house plans to accomodate a front -loading tuck - under garage. The entire house will now meet the 10' side" setback from F� Fors' property. The front yard will be cut down somewhat to acjdate a driveway and gargae on the same level as the street. Hardcover allowed in the 0-75' zone was 20% or 836 s.f. This proposal calls for 456 s.f. or 10.9%. Hardcover allowed in the 75-250' zone was 52% or 1,633 s.f. This proposal calls for 54% or 1,703 s.f. The total hardcover therefore is 2,159 s.f., or 310 s.f. less than that originally allowed. Staff feels this meets the intent of Resolution #1903, hence no application revision will be forthcoming. HIG ISLAND VETERANS GAUP July 28, 1986 Mayor city of Orono Orano, Minnesota Dear Sir: The Board of Governors of Big Island Veterans Camp at its -regular meeting on June 19, 1986, reviewed on -going relations with the City of Orono. The consensus of the review was that there was a continuing lack of effective "working together" communication between the Board and the City. Our efforts to extend the hand of cooperation was stated to you in our letter of Feb. 1986 and continues. Much of the concern seems to relate to activities of the city staff not the elected cfficiats. At times these activities seem to be harrassment and/or nit-picking to many of our members. This leads to yet another question, would the City be interested in detaching our property from Orono pursuant to existing statutes?? We will be glad to review this question with the City at your convenience. Respec fully; Leonard A. Carlton Chairman cc: Mr. Don Miller Mr. Jim Lund CITY of ORONO Pwt Offm B-- 66-C"SWI B-Y. Minneaoto 55323• M...6 1 Office li • e i On theAugas have of Lake Minnetonka ... 986 Mr. Leonard A. Carlton, Chairman Big Island Board of Governors 19260 Azure Road Deephaven, MN 55391 Dear Mr. Carlton, Currently I am receipt of a copy of a letter that you sent to the Mayor and Councilmembers of the City of Orono addressing the relationship between the Big Island Board of Governors and the City staff, particularly regarding activities which are termed in the letter to be "harassment and/or nit-picking to many of our members.' While addressing your concerns to Council is not an inappropriate action on your part with you being placed on the Council's August 25, 1986 meeting, I am to say t' 'east surprised and very disappointed as the concerns that y.. .lude to in the letter regarding treatment of Big Island Bu 'd of Governors by City staff have not been addressed to either myself or Jeanne Mabusth the Building and Zoning Administrator. Additionally, the generalized comments regarding the relationship do not do much to illur,rate the problems that you feel you are having with City staff. It would be greatly appreciated if prior to -he 25th meeting that you delineate either verbally to me or i., vriting to the Council instances in which you feel the relationship with staff has been considered harassment and/or nit-picking and what impact if any that has had on the work being done by your group. Please submit these by August 20, 1986,to provide adequate time for it to be included in the Council packet so that the Counci- has some background for your verbal comments on August 25, 1986. (I will be out of town from August 10-16, 1986, but feel free to call Jeanne Mabusth.) Sincerely, Mar Bernhardson City Administrator MEB/dh CC: Mayor and City Council Jeanne Mabusth, Building and Zoning Administrator Tom Jacobs, Building Inspector BUILDING• ZONING-tl)d357 • AUMINISUATONe FINANrt-A137355 a KrBLK'WORKS -017339 ASSESSING AI®1 � lOBI CO3M111Y @VEIOP69I7f Highway 12 Corridor M Navarre Redevelopment M (1»I. vLT[IIL DP� 3/2VW 5/36R6 CITY R OaaD 6/36/66 7/31/66 AND mac E. 8004 w cm A N@IRA3at 5-1-86 M 9J6-87 ®39CTNt5 ERM .rA'A6 Cnplete Study 6/15/% 7/16/86 Meeting to finalize plan directim 7/16/86 Meeting held - Request Sewer/Alternate site plain ft. Planner Next Meeting 9/3/86 favelop/Adopt work program 7/30/96 to initiate any clang" Cagtlete required 12/31/86 izpiementatim Ttntative goals/objectives 11/39/8r Planning Review 1/87 Adept ptoject direction 3/87 lbrk on Cty 15 developent 7/89 6,'16 _ with !Nvazvc Re,s Decid to have Cty 15/ Redevelo[ment Info Meeting to September/October AREA, trap. almp oslsnvfa [rag /ems Environmental Protection S[obbs q�x Needs assessment 5/96 6/j0 no progress Project Passibility 8/86 If 6ppropriate Project consideratim 11/86 Project bid 11/86 Commence Project 4/67 Assess Project 8/87 Cmplete Project 11/87 Crystal Complete project 7,186 5/30 rntstnstrm reco•mced 6/15 Camtrsctim cempleted 7/6 Irspectim List Prepared g6aN12ATiCtAL [EVQAM�if management Seam Coal setting C mil Coal setting Legislative Policy Complete appeals process 11/86 1987 York plan/staff 11/86 1986 staff development 19-11/86 Strategic plan review 6 8/86 Policy body ,r ientation 1/87 (Now menbet Develop 1987 program 10/86 In establish inspection tar following completion 7/3 Appeal Kbitmtlm Begins 7/28 Concluded ftecaad,ngs 8/15 Sobs it Brief 8/11 to ratablish date Alan GOAL AIBA SETNICE nEUVE8Y Business Strategy planning Facilities Assessment xutw Btsapcfs Comfensation ENDETING � Corporate wvmunicatim OBJECTIVES UB BOCK Police 5/86 5/30 draft underway Financial strategy y 5/38 draft unde- Golf C ,se 6n 5/30 draft suck Building and Toning 7/86 Utilities e/86 Stteets '86 Masssment to C it 4/86 3/86 draft to C it council directim 6/86 6/38 Continue developing coat, financing and site information - Mticipate to Council 8/25 cevelop/Adopt 6/86 6/2 receiord preliminary Caynerable WorN Con¢arable Worth results need to refire. Development of plan delayed to 8/86 0/7-8 Attend Coop Worth Seminar Commence implam. 8/86 city Adninistrator 8eport Paper 6/86 - O le w 5/86 W86 mm m, ^ (3 articles pub• 7/30 5 —irles ,cod 0/86 msmencee (3 scripts dam rbru .Tuns) 7/30 No J ^,_pt July 23, 1986 Mr. Mark Bernhardson City Administrator City of Orono P.O. Box 66 Crystal Bay, HIM 55323 Dear Mr. Bernhardson: 'I IIff �^I� L-------_. Spring111 Enclosed please find our check in the amount of $4,400.00, a voluntary payment to the City of Orono. We are grateful for the assistance we receive throughout the year from Orono. While we offer the increased voluntary payment in recognition of our expanded facilities, we wish to emphasize that such payments are voluntary and discretionary Edfl D. Acting EDC/dm Encl. , Jr. SPRING HILL CENTER P.O. BOX 288 WAYZATA. MINNESOTA 55391 612 4730221 m CITY of ORONO Post O(Bn• Boa GG•CrYetel B.,, Mi...W 5r53 ). M..j,j el O ficn On the North Shore of i ake Minnetonka April 30, 1986 Mr. James Kelly Spring Hill Conference Center 725 Sixth Avenue North P.O. 288 Wayzata, MN 55391 Dear Jim, As you are probably aware Rolf Erickson and Dave Wilde, who provide assessing services for the City of Orono on a contract basis, have done an appraisal of Spring Hill properties as required every six years for all tax exempt F p(-ties. That valuation yielded a total valuation of 3.18 milAion .jllars for the five parcels that are registered to Spring Hill. These break down as follows: P.I.D. Acres Valuation 1. 25-118-23 sl 0002 16.83 134,609 2. 25-118-23 33.0001 23.65 239,200 3. 25-118-23 33 0002 21.44 2,536,200 4. 26-118-23 41 0002 8.80 70,400 5. 26-118-23 44 0004 25.33 202,600 TOTALS 96.05 3,183,000 You are aware the first, fourth and fifth parcels have not been included in the •calculation• for determining a voluntary contribution for Spring Hill. Attachment 41 lists what that voluntary contribution would be listing all five parcels. The second column lists what that value would be for the two parcels that have utilizied in the past. It is our understanding however, that parcels four and five were in the past taxable and that based on a petition filed on behalf of Spring Hill on May 16, 1985 these parcels were declared tax exempt, with parcel one exempt since 19BO. SUILDINGA ZONING-tlY73S7 • ADMINISTRATION A FINANCE -tl]735S • eURI It WORKS -V3-7359 ASSESSING Mr. James (telly Page 2 April 30, 1986 This information is provided to serve as the basis for Spring Hill to make a voluntary contribution. Should you have any questions or comments, please feel free to contact me. Vy, nhard son City Administrator MEB/dh SPRING ❑ILL'S FORMULA FOR PAYMENT IN LIEU OF TAXES 1986 Mill Rate Orono City 10.834 Orono School 59.5V VOTec School 1.535 Watershed Dist 3 .089 County 29.688 . Misc. Levies 5.878 107.533 Spring Hill P.Z.D. Market Value 25-118-23 33 0001 239,200 25-118-23 33 9002 2,536,200 2,536,200 25-118-23 31 6902 134,600 134,600 26-118-23 41 0902 70,400 26-118-23 44 0004 202,600 3,183, 0 2,670,800 X 439 X Assessed Value ,36� 8,690 .43% 1,148,444 Mill Rate X 107533 X .107533 I 5 123,495.63 City of Orono's Share 8 X 10075 X .10075 $12,442.18 Police and Fire Budget for 1986 total 43.92% of total General Fund Budget X .4392 X .4392 $6,512.59 $5,464.61 21/ e r:u G 111986 LIST OF LICENSES FOR COUNCIL APPROVAL yyA���" 1.", r:T u% 1%1 FOR MEETING OF August 11, 1986 ... j� NONE CITY OF ORONO P�[/�&IAOEND 7-Al-'6 Y-T-D • - - - - - - EMPL-NO 1YAME DIV GROSS SROSS EXPIALLOW ANDERSON JL 31 11i47.47 1319.58 HLKNHARDSO ME 12 26171.46 1611@20 BOBLIEN S4 31 11219.24 754.54 UOSMA JL 12 2568.00 411.30 BRINKHAUS OF 42 18384.03 1235.04 CARLSON WJ 92 18469*52 1225016 CHESWICK GU 31 19785.23 1316956 CORNICK JL 31 12993.86 941.07 EHRENHERG OL 93 5088.39 373.84 ENGLISH I1 IH 31 15015.3L 335.28 ERICKSON DJ 93 994.70 169.05 ERICKSON KR 3L 20770.33 1452.42 FINK CJ 93 112.50 247.00 FRITZLER JM 31 19407.51 1204.08 GAFFRON MP 33 15813916 1054.BB GERHAROSON OR 42 22701.58 1514.40 GREGORY JD 42 15936.22 ID44.80 HALLIN OM 12 L3021914 858.32 HANSEN SC 42 14206.36 952.2L HANSING CJ 31 5369,44 289.45 HENNING JP 90 100.00 0.00 HENSEL MM 31 11502.G1 818.32 H1GUS PA 90 5498.77 360.75 HILL DE 93 336.00 54.6D JACOBS TO 33 25422,11 1241,36 JOHNSON HP 31 18700,88 1204.08 KILUO MH 31 23151.19 1544.40 KIRNYCLUK M 31 19020,69 1204.08 KNUTSON CA 15 10912.37 726.80 KRUEGER JA 90 I563.75 211.50 KUEHN TM 15 20985.47 1399,92 LATTIN JC 15 11892.74 858.32 MABUSTH JA 33 1922B.57 1282.72 MCGOWAN LR 90 15772.80 1051.52 MOROWCLYNS J 31 20939.70 1204.08 MROSS FT 61 12499.94 825.57 NAAB It. 12 8063m19 S54.72 NELSON RA 93 21.25 O.DD OAS 00 93 617.40 C.OD OMAN LE 33 8351.66 655.20 PETERSON PL 12 708T.63 505.92 PETERSJN RW 93 760.20 0.00 PLTRAN JC 33 504.10 504.7D QUASI WA 92 14887.03 954.88 ROTCRAFY GE 93 0.00 GOOD SAGS JJ 42 14604.88 904.16 SEVERS RC 90 1190.00 0.00 SKRLEN OS 42 14321.69 912.29 SLIGO SR 95 1324.40 257.40 SMITH JR 92 13104.J4 443.20 STLIFF%HAG RE 95 15156*57 1011.ZD c+ �71 ,u ,C9 CITY OF ORONO EMPL-NO NAME STEVENS THIES THOMTON TUMCHECK TOMCZYK P A Y R l Y-T-D • - - - _ - - OIV GROSS GROSS EXP/ALLOY BG 93 2142*69 356.00 UR 90 2657.50 210.DO MR 31 10946.44 159.84 LF 31 6584*01 873.82 MV 31 19325.46 1204.08 COUNT GRAND 439314*29 5 i PAID 0015C TOTAL 00056 TOTAL TOTAL FICA TAX GROSS = 229634*67 EMPLOYERS FICA A = GROUP HEALTH B = PHYSICIAN9S HEALTH PLAN C = BLUE CROSS/BLUE SHIELD D = MEDICAL CENTER PLAN E = PRUDEATIAL F = COORO. HEALTH CARE G = MINNESUTA HMO M = TRANS-AMERICA OCC. i I = BANKERS LIFE J = MUTUAL SERVICES K = MUTUAL OF OMAHA L = EMPLOVEE•S BENEFIT M = AETNA N = NICOLLET EITEL 0 = LEAGUE OF CITIES Z = HEALTH CARE RAINY ACCT, MISSING MCSP CODE FOR SOME EMPLIS CITY OF AAORONO P A Y R U Ai (4 f Y—T—D • — — — . i AME 0IV GROSS GROSS EXP/ALLOY DAMS T 11 1760.00 220aOO UTLER MC 11 2200.00 275.00 ALLAHAN EJ 11 220.Q0 220.00 RAHM T 11 1760.00 220.00 RABEK J 11 1760*00 220.00 AM HER EL J 11 1540000 0000 COUNT GRANC 10155*00 PAID 00005 TOTAL 00006 TOTAL TOTAL FICA TAX GROSS = .00 EMPLOYERS FICA', A = GROUP HEALTH B = PHYSICIANdS HEALTH PLAN C = BLUE CROSS/HLUE SHIELD 0 = MEDICAL CENTER PLAN E = PRUDEATIAL F = COORO. HEALTH CARE G = MINNESOTA HMO H = TRANS-AMERICA OCC. I = BANKERS LIFE J = MUTUAL SERVICES K = MUTUAL OF OMAHA L = EMPLOYEEOS BENEFIT M = AETNA N = NICOLLET EITEL 0 = LEAGUE DF CITIES Z = HEALTH CARE MAINT ACCT. MISSING HOSP CODE FOR SOME EMPL•S 1986 CITY OE ORONO :HECK REGISTE 07-31-86 PAGE 1 :NECK NO. 061E AMOUNT NENDDA OESCRIPTFAI ACCOUNT N0, IM9. F P.D. . MESSAGE MC1831 .e/DI/96 160.58 POSTMASTER PM.TASE 91-4121-039-12 MANUAL MCTBOI 08/01/86 20.16 POSTMASTEI POSTAGE 01-4321-049-13 MANUAL MC98O1 08/01/06 04.17 POSTMASTER P3STAGE 01-4321-059-14 .AMOµ MCT801 08101/A6 150.99 POSTMASTER POSTAGE 81-4321-069-15 +A%OA. MCT801 081O086 24.26 POSTMASTER POSTAGE 51-9321-129-31 MANUAL MClBOI ONOI/86 2%.36 POSTMASTER POSTAGE 91-4321-174-33 RANYA- MCTeDl 08/01/86 125.11 POSP. SIGN POSTAGE 0/-6321-249-42 MANUAL 4C2301 OS/01/56 30.92 POSTMASTER POSTAGE /3-9321-569-92 MANUAL 450.00 . 4C2802 08/01/86 20.00 BLDG CODE DIO LICENSLS/TAILS 01-4383-1/4-33 -.%UAL 20.30 . MCT803 08/21186 215.00 MF TOO AREA RGNT CONF/SOMGOLS 01-9l56-039-A2 mmbY 215.00 ....•• •• -CI) MC1805 08/01/86 171.03 ED PNILLIPS NINE PORCH 7I-4012-519-95 MANUAL K IS05 09/01/06 3.42- ED PNILLIPS NINE DISC 21-9613-5I4-95 MANUAL 168.01 OCYS06 DB/OT/86 1.667.61 EAGLE GIST Lit PWCM 11-4819-514-95 MANUAL MC7906 08/01/86 33.50- EAGLE DIST Lit DISC li-9l11-53R-9S MANUAL 1,634.11 NCT901 OB/01/86 1,336.99 QUALITY WIVE LIS PORCH 21-A910-51A-95 •6L MCIS07 08/01/86 26.69- SUALITT NINE LIS DISC II-NIt-Sl9-95 ••L NCT90F O8/01186 602.79 QUALITY NINE NINE PORCH 91-4812-530-95 MANUAL NCT80/ 08/01/86 6.00- QUALITY NINE NINE DISC /1-4813-514-95 MANUAL 1.907.09 MC/SUB OB/O1/86 1.250.30 R G A RENTALS TIME RENT 11-9332-515-90 MANUAL 1.25D.00 ...... .••-Lis 1.059.10 FUND 02 TOTAL GENERAL FOOD 4.959.21 FUND It TOTAL LIOJOR OPERATING FUND 39.90 FUND 73 TOTAL SEWER OPERATING FUND 6.O44.21 TOTAL 1 1956 CITY OF ORONO :NECK REGISTER PO-11-86 P.6t ( CHECA Na. CATE AMOUNT FENDO4 IFEN OCSCRIPIIJN ACCOUNT NO, INO, 1 P.O. F Mt.SA. ( 195223 O6/C6/86 150.09 (1 e0 TH P HI.LTM INS 01-41t1-126-31 195223 O9106/16 301.C8 WAIT. !MS OI-N 51-129-31 195223 C8/06/8e 68.35 .EALTH INS 01-4131-114-33 ( 195223 08/06/86 140. P9 HEALTH INS 14-41!t-59/-93 6TO._l ( ...u• ....... P23036 05/06/86 84.29 ACRO-NINNCiOTA INC OFF T.." 01-4210-129-3A ( 94.29 .....• ........ ( 223010 OB/06186 36.28 AT&T INFO SYSTEM MMT OFI _"IP 41-4340-039-12 223310 05,06186 36.28 AT&T INFO SYSTEM MNT OFF EQUIP 01-4- 0-059-14 ( 223010 08/06/86 36.28 AT&T INFO SISTER NNT OFF E6JIP 01-4 40-069.15 223010 OB/C6186 14.50 AT&T INFO SISTER ANT OFF :QUIP 01-4140-129-31 223310 08/06/86 36.28 ATIT INFO SISTER ANT OFF EQUIP 01-4340-124-33 ( 223210 0B/06/86 36.28 .f9l INFO SYSTEM NOT OFF EQUIP 01-4344-249-49 223010 CB/06/86 99.20 AT&T INFO SISTER OFF EQUIP 12-4540-54Y91 223313 OB/Ob186 133.60 AT&T INFO 'ISfCN OFF E2UIP 13-4544-569-92 l 416.90 . ...... ....... ( 223020 Ce/Oblee 14.462.50 AMERICAN MAIL SANK !NT JUE 4-1-86 44-4620-90t-00 223020 08/06/86 50.00 AMERICAN MAIL BANK ASEMT FEE 9-1-86 44-4630-907-00 ( 14,512.50 223030 OB/0b/Bb 10.55 AT 6 T INF2 SISTER TELEPHONE 31-4320-I15-3• 10.65 ( 223331 CB/36/86 3.18 AT L T CC88 TELEPHONE CI-432E-04Y15 223031 OB/06/86 4.43 At L T COM4 TELEPHONE 01-4320-174-33 ( 225031 08/Ob/86 3.98 AT & T COMM T•LEPHONE 4Y 320-♦32-00 11.59 ( .....• .. .CM. 223024 09/06/86 40.00 SOMESTROO ROSEMC ASN RETAINER 01-4304-200-.1 L 2230t4 08/06/86 225.00 BONESTR00 ROSENE ASM ERQ CONSULT 01-4305-249-62 223Ef4 08106/86 I35.00 NONESTR00 ROSEME ASN ENS CONSULT B1-NOYMO-il 2230f4 08/06/86 144.00 NONESTR00 ROSENE AS% EMS CONSULT 23-4309-352-DO ( 2230t4 04/06/Bf 1,831.30 BUNESTROO ROSEOE ASO ENS CONSULT 4Y4l05-4 ]2-00 223074 OB/G6/86 18.62 BONESTROC ROSETTE ASN EMS CONSULT 12-4305-549-91 223074 08FO6/86 180.00 SONESTROO 40SENE ASM ENS CONSULT 13-4305-569-92 ( 2,574.12 ....•• .. .CA. E 223128 00686 201.48 CONCEPTMICROFILMOTHER CONSULT 01-4306-039-12 22312 O8/0686 201.48 CONCEPT MICROFILM OTHER CONSULT 01-439-09-12 9 223126 OB/0611B6 201.48- CONCEPT MICROFILM OfNE4 CONSULT 01-4329-039-12 1446 CITY 0. ORONO CHECK RCGISILR 00-11-ae ✓A6E r C NE C< 40. 911E 1NOUNT YE NDti IICN JCSC RIPTI OY ACCOUNT M0. INV. • P.U. • NE Sl A_! 201.. ...... .. , + 221112 udlo.186 105.95 COPY our PR INC OFFSUPPLIE. .0-039-22 223142 08/06/86 3.45 COPY DUP PR INC OFFSUPPLIES 1-HU-059-11 A• 223142 08/06/66 31.45 COPY OUP PR INC OFFSUPPLIES 61-4210-069-I- 223142 D8/06A6 360.01 COPY OUR -4 IIYC OFFSUPPLICS 61-.210•V6-35 223142 C8/OP/86 12.19 COPY DUP PA INC OFFSUPPLIES O1-02t1-249-.2 • 223L42 06/06/d6 5.11 COPY OUP ON INC OFFSUPPLIES 11-4219-115-90 223142 UB/06/86 .50 COPY Our PR INC OFFSUPPLIES 15-6216-569-92 223132 Ue/06/86 2.34 C3PT DUP PP INC DFFSUPPLIES Th 62t0-S90-9S • 521.00 .uu• •.._[M, • 223141 08/2./95 17.64 CROWN RU8d.R SNP OFF SJPSLIES 01-4210-026-11 t/.64 . • ...... ...-,.P • 2J32J2 OB/0.'dl A.60 ENRICH BAKING CO CDNC RESALE 11-R A02-591-9. 223232 Cd/C./86 4.20 ENRICH BAKING CO CON- RESALE 16-6E^.2-591-94 30.40 • • 22]295 ../8E 381.9 GOVMMT BUSINESS SYS OFF SJPPLIES FI-1210-515-90 381.4a • ...... ....LK. 2232S9 OR/Ob/86 141.44 GENERAL REPAIR SV EJUin/PTSACC.SS 13-6252-569-92 10 2252S4 OB/Obled 124.20 GENERAL REPAIR SW NNE LINES/LS 73.6344-569-92 265.64 • ...... ....C, 223271 0810.186 -1.85 RED CYR HEALTH CARE HEALTH 143 01-6151-039-12 (• 223222 UB/06/85 69.95 NED CAR HEALTH CARE HEALTH INS 01-9151-061-15 223212 Od/06/8t 69.35 NED CTR NNLTH CARE HEALTH INS 01-11°1-121-31 2232FI 08/06/86 69.05 NED CTR HEALTH CARE �CALTH INS 01-4151-126-31 ( 223217 08/66/66 150.99 RED CYR HEALTH 'ARE HEALTH INS 01-6151-tF4-31 2232Y1 08/06/86 301.98 RED CTR HEAL, .ARE HEALTH INS 01-9151-24r42 223215 08/06/86 63.39 M0 CTR HEALTH CARE HEALTH INS 02-6151-599-91 ( 2232YA OB/06/8E 90.60 NED CTR HEALTH CARE HEALTH INS 15-4151-Ul-92 883.36 223303 08/06/06 3.469.25 HEM CII FIN DIN JAIL Cw6Gk5 01-635h060-1i r 3.469.25 22330B 18/06/86 ..83 NENM CTT SNERtfF OPT JAIL Cw0iF5 6b6358-66046 f 1996 CITY OF ORJNO f CHECK 140. DATE u•u• ` 22332Y OB/O6/66 hp ! 22]3]0 Otl/Ob/66 223318 08/0e/66 • u•u• • 223363 08/O6/tl6 f • i23396 08/00/86 AN •••..• 2233t5 01/06/96 • 233383 *c/06/M6 • 22339Y 08/06/86 223392 OCNb/BL 223LI, 08/06/8E • • 223437 08/06/8F 223437 GB/ObI B• • u•u• • 223111 06/06/86 CHECK REG[STEN Oe-ll-ne PAIE AMOUNT TEMOCR 'TEN DESCRIPTION ACCOUNT 11f IN.. • D.O. A PESSAG. 256.83 100.00 IACP CONF/SCHOOLS 81-43!6-129-33 100.00 11.92 ICMA RFTRMNT CORP ICMA $130 TO //13/Be 01-4110-039-12 T1.92 . u_C 28.SO INTL CUNF-1106 OFFLS RJO[S/PEROUCLS Cl-*?- 3 18.50 J• TOM J. '6 MILE46E 63-3991-IF9-33 •.0/ 90.21 J3H4S01• FADER CO "W .J.PLIE; TI-4230-. a-9C 9^ 21 54.32 KEANENTS SRL OFF S. .[ES 0I-42T0-129-iI 31.32 3..1• KILBO :v CONF/5.42OL5 ^.1-4156-:29-31 38.14 - 43.30 •O.HN-THCMLS T..Yv •[•E A6E-J YLf OI-1 ]83-CAS-L` 3.16 ., HN-TMOMAS T'%I-+ILEAG.-JJLT 72-1381-tH-91 5.63 .HORAS +Kft-MILEROE-JOLT 1!-•3' 69-92 52.IT .• -_e5 33.75 CIS LONG LAI - - 31-4. - •-31 3.RG3.2b III .. LONG LA' 'OR 12-4. - D-91 3.897.02 •••-CF3 3.291.75 METRO PAST' CONTROL . AST 01-2226-000-80 3.291.15 I 1196 CITT OF ORJNO CHECK RLIISTIR CB-11-66 PAGE r CHECK NO. DATE AMOUNT VENOCR ITEM DE_ .PIION ACCOGMT 40. IBN. B P.O. K M.ii Au f 2?36I9 CS/O6/8h 92.00 R:'JEST ANIMAL SERV ANIMAL CARE Ol-9I66-1il-35 223979 CB/66/96 499.28 MIDWEST ANIMAL SERA ANIMAL PATROL 1I-4361-155-35 • 591.28 223480 08/06/66 3.38IA9 MIDWEST ASPHALT ST NRT SUP 0I-4233-249-62 • 3.397.39 1 223690 08/06/86 . MI NMEASCO UTILITIES 01-9326-129-1 223990 OB/06/96 256.30 10 MINNESASCO UTILITIES 12-9329-69-11 1 223990 OB/Oh/BE 3.5E M1NNE6A SC0 UTILITIES /3-6729-169-92 26B.91 22353• C8106/86 -'.0 MOTOROLA INC AUTO EOUI^ 1.-95E0-632-00 • 0 ...... .. -•K. • 223540 05/06/B6 5a6:. 0 MM WELLER A SONS ST CORSE 23-65?2-352-00 0 • •u • C6 22 35u59 08/06/96 340.96 NSP UTILITIES 31-432A-099-11 223559 OB/0./BE 250.90 NSP UTILITIES 01-6126-129-31 223559 OB/06/96 23hCO NSP UTILITIES 31-9329-299-92 223559 08/00/06 9.28 NSP UTILITIES 01-4326-290-61 223559 08/0h/BE 1.503.60 NSP UTILITIEi 22-9329-569-91 223559 38106/8f 809..0 NSP UTILITIES 13-9329-569-92 f 223559 0810629E 68.40 NSP UTILITIEi 74-6326-590-95 5.239.66 223569 0010E/BE 54.66 NORTHWESTERN BELL TELEPHONE 03- 0-039-12 223568 08/06/86 56.86 NORTHWESTERN BELL TELEPHONE at- -059-16 223565 GB/C6/86 27.•3 NORTHWESTERN BELL TELEPHONE CI- 10-069-15 223566 OG/06/86 123.9E NORTHWESTERN BELL TELEPHONE 3l-.'.' 12Y31 223568 08/06/86 54.86 NORTHWESTERN HELL TELEPHONE 31-432.-1T6-33 223568 08/06/90 59.2E NORTHWESTERN BELL TELEPHONE 01-9323-115-36 223568 08,06106 55.43 NORTAVr STERIT BELL TELEPHONE 31-6326-249-42 • 223569 0810618E 53.61 NORTHWESTERN BELL TELEPHONE II-9326-513-9E 223568 70/16/86 I2.95 MOATHYESTERN BELL ADVERTISING I1-4323-515-93 223568 08/06/86 32.26 NORTHWESTERN BELL TELEPHONE r,-•321-5.9-',1 • 223566 08,06186 49.16 NORTHWESTERN RELL TELEPHONE '.5 1320-569-12 2235.9 OB/06/BE 's11.9B NORTHWESTERN BELL TELEPHOME 1A-020-598-93 223568 08/06/4i 110.25 NORTHWESTERN BELL AJ"CRTISING li-'722 90-33 • 600.65 ...... .-Cps • 223571 0810618E 30 a6B.T5 WARMEST BANK PALS RA 1N' -di 43-6622-966-00 19ab CITY OF ONONU f C HLCR N0. 'ATE 2255/1 03/06/86 223552 ON/Ob/sc uu•. ` 223591 O8/0.186 22559/ 08/06/86 1N 223591 88/06/et 223591 01/40/86 223511 CB/C6/86 223597 08/06/86 22359/ CA/06/66 223591 0810618E 22359] 08106/Bf 223597 38/06/86 22359/ 08/0.186 22359/ CA/C 6186 22359) C4/06/86 223597 C8/06/86 22359? 08/06/Bf 22359? OB/O6/Bf 22359Y 28/06/96 r 223597 08/06/Bt 223591 CB/06/ec 223599 09106/46 � bu.• 223621 08/06/86 223621 06/06/86 223621 08/06/86 225621 06/06186 223621 OB/ea/86 223621 CS/06/86 22361.1 38/06/86 223621 08I06/86 223621 08/06/86 223621 0810616E 223621 06/06/86 223621 08/06/86 223621 08/06/86 223638 08/06/E_ AROII•IT 22.50 30.191.25 5.L3 5.15 CHECK REGISTER VENOC4 IFER DESCRIPTION NORYEST BANK RPLS %A AiENT FEE 9-1-66 OHAWLTLC RILEAGE OS-II-86 PAGE ACCOU9T Y0. INV. F •.0. R Otis&.i 41-4610-101, 01-4181-1T4-3: 69.54 PUBLIC ERPL REY ASSN PER, Y/14 TO 112FI86 01-4141-019-12 6.19 PUBLIC ERPL R SSO PER& 1/1. TO 1127186 01-4141-840-13 1.3! PUBLIC EPPL HL SSN PENA "Is TO I12I/SS 01-4141-059-14 100.06 PJBLIC ERPL AL SSN REBA 1114 TO I/2/186 91-4I41-069-15 21.59 PUBLIC ERPL RE, ASsN PERT 1114 t0 )/21/86 01-4141-D9}I/ I.06/.7O PUBLIC FRPL NET AWN PERT 7/14 TO 1121186 01-4141-Ill-11 44.31 PUBLI- `LT ASSN PERA Y/14 TO 11211186 01-4141-115-01 418.36 FUSEE RET ASS% PERA 7/14 TO I/2?/S6 01-414t-121-31 4/8.36 PUBLI _ REY ASSN PERT 111. TO l/2F/86 01-4t41-121-31 418.36- PUBLIC LBPL REY ASS% PENA III$ TO 1121186 01-4141-121-51 311.75 PJBLIC EPPL RET ASSN PLR4 111. TO 112FI86 01-4141-126-31 199.15 PJBLIC ERPL REY ASSN PER& 71L4 TO 1127186 01-4141-1/4-33 ?•..?/ PJBLIC ERPL RET ASSN PER& 1114 TO 1/2I/86 01-041-219-42 .65 PUBLIC ERPL RET ASSN PERM In 4 TO F/2F/66 21-4141-299-41 .[4 PUBLIC EFPL RET ASSN PENA III$ TJ I121/66 45-4141-432-60 101.63 PJB..IC ERPL REY ASSN PERA 1/14 TO I/21/86 11-4141-515-90 83.92 PUBLIC ERPL RET ASSN PER& I/t4 TO 1121186 12-4141-549-91 148.90 PJBLIC ERPL REY ASSN PERM 1/14 TO I/2?/96 13-4141-569-92 48.13 PUW C ERPL RET ASSN PERA III% TO 1/21/86 14-4141-590-93 233.60 PAUStIS M SONS MINE PORCH 11-4112-514-95 233.60 . 99.51 PHYSICIARS HEALTH HEALTH INS OI-2301-000-00 533.64 PHYSICIANS HEALTH HEALTH INS CI-3812-009-00 552.54 PHYSICIANS HEALTH HEALTH INS 01-4151-039-12 250.56 PHYSICIANS HEALTH HEALTH INS 01-4151-069-15 ".SY PHYSICIANS HEALTH HEALTH INS 01-4111-121-31 249.66 PHYSICIANS HEALTH HEALTH 1N5 01-4151-126-31 1.102.38 PHYSICIANS HEALTH HEALTH INS 01-4151-129-31 250.56 PHYSICIANS HEALTH HEALTH INS 01-61`I-L74-33 603.96 PHYSICIANS HEALTH HEALTH INS 01-4351-149-42 150.99 PHYSICIANS HEALTH HEALTH INS 01-4151-2s1-6. 461.55 PHYSICIANS HEALTH HEALTH INS 11-4151-511-9 190.22 PHYSICIANS HEALTH HEALTH INS 12-4151-549-91 150.34 PHYSICIANS HEALTH HEALTH INS 1l-4151-569-92 4.545.54 67.50 PRAIRIE LFFSET PATWPUOL 81-4322-039-12 „_L5 1986 CITY OF ORONO CHECK RE61STCR L8-11-86 PAO[ b f CHECK N0. OA IE AROURT YEMpOa ITEM DESCRIPTION gCOU NI N0. INV. R P.O. • PE6 s A6c ( 223619 08/06/bf 61.50 PRAIRIE OFFSET PRT6f OUIL 01-4322-111-SI 135.00 ..... ...... L 223:58 OB/06/86 3.50 R C INDENTIFICATIUMS OFF SUPPLIES 01-1218-129-31 3.50 ou.• •. .C.. f 22368a 08/06/9E 86.00 PARK NICOLLEI OTHER CONSULT 01-4304-129-31 86.00 • 223691 08/06/df 300.00 SATELLITE •MIT INC EQUIP RENTAL 01-4306-290-61 223691 OB/O6/8f 50.00 SATELLITE 1ND INC EQUIP RENTAL 14-4326-594-93 350.00 . 223151 OB/06/86 200.10 SUB% RATE AUINORiTT MENSERSMIP 243 1/l 91-13d0-039-IZ 200.00 .•.Iu •• .CK. 22381/ OB/06/06 4.56 Y.3SCO INC EdU1P/PTS/ACCESS 12-0232-549-91 4.56 ..•... ...... • 223842 OB/06/Bf 2.11/.i5 YATLATA-CITY OF INTERGOVI SEAM 12-4159-549-91 2.14T.25 2239b6 08/06/86 1,329.50 %IDNER BROS SYR/RTA CJNST 13-4531-309-66 1,328.50 .....• •.... 223820 38/06/86 280.00 NOODCRAFTER SIGNS OTNER IMP 12-4330-391-CC 9 290.30 ...... ....ENS • 223BYS 08/06/06 2/.25 A4MAY/A 2ILYERdERG PRO SHOP RESALE 1.-.551-591-94 21.25 • ...... .•.-CAS 2238 T5 08/06/86 12.52 MRI6MT HENS ELECTRIC uvv lTIES 01-4324-249-42 12.52 ...... .. -LRi 1936 CITY OF ORONO CHECK REGISTER LA-11-46 PAGE A I [MCCN N0. DATE AMOUNT YENDO¢ ITEM DESCRIPTION IC[OL. .. INV. • v. 0. • PEi5 A6t 223639 08/06/86 61.50 PRAIRIE OFFSET PRTG/.USL 01-9322-11•-33 135.00 • uu.• •. -CA: 2236SS 08/06/86 3.50 R C INDENTIFICATIONS OFF SUPPLIES 01-42I3-129-31 • 3.50 . ouu •..fRi • 223688 08/06/9E 6.00 PARK NI COLLET OTHER CONSULT 0I-9306-129-41 66.00 223691 08/06/86 300.00 SATELLITE IND INC EQUIP RENTAL 01-4306-290-61 223691 0B/06/96 50.00 SATELLITE IND INC EQUIP RENTAL 39-R]06-590-93 350.00 - 223155 08/06/86 200.00 SUB" RATE AUTHORITY ME"SERSHIP 240 1/2 51-¢390-D39-12 200.00 2238IT 09/06/96 6.56 YESSCO IhC EMUEP/PTd/ACCESS 32-9232-599-91 1.56 ...... ....CAS • U3842 38/06/86 2.19T.25 MATZATA-CITY OF INTERGOYT SERY 12-4351-599-91 2.1A1.25 223866 08/06/86 1.325.50 MIDAIR BROS SUM/MTR COST 13-4531-300-SC 1.328.50 .....• .... Cgs 223830 08/06/66 260.00 MODOCRAFTER SIGNS OTHER IMP 12-6530-391-OC • 280.00 ...... ....CRS • 225R 23 oe/oo/ee 2.23 A9YA Ns 21L YEA BERG PRO SHOP RESALE 14-9821-391-99 21.25 • ...... ....ENS • 223a 75 Oi/06/86 12.52 YRIGHT 9EN1 ELi CTRIC UTILITIES 01-4324-269-12 12.52 • ...... ...-CAS 1186 CITY OF ORONO 'NECK REGISTEP CB-11-tle FAIL I CHECK IIJ. GATE AHGU9T VENDOR ITEM OESCRIPTION ACCOUNT MO• LAW. F P.O. 0 RSSAGi 223900 08/06/86 SO.00 INDUS BROVNE T 9ROME 0-21CO-000-00 50.00 223901 -8106/86 50.00 ART BLDEPENDAML A SLOLNE904ML 01-2300-000-06 50.00 ZZ5932 Ce/Oei86 SO.JD JOHN BUSCE J BUSSE 01-2390-000-00 50.30 223903 OB/26/86 140.00 BANNENOPP ENS CONSULT C1-R Spy-r-p-Tl 110.00 . 223904 38/Oe/06 30.00 LEO CLIFFORD L CLIFFOR3 01-2320-000-00 30.00 223905 08/06186 219.00 DAYTON TRAVEL CONF/SCHOOLS OI-R356-ITR-3S 218.00 - 223306 09/06/86 15.16 EDINA CAPER♦ OFF SUPPLIES 11-4210-031-12 223906 06/06/86 15.15 EDINA CAPEAA OFF SJPPLIES 31-4210-114-33 30.31 223901 08/06/96 103.00 JOHN C FARRELL CAR OTHER CONSULT •5-4306-432-30 400.00 223906 C8I06186 10.00 CA BOREAU OF MPLS OTN29 CONSULT 01-A 536-129-S1 10.10 223931 09/95/86 T5.30 MATL FIRE MEMBERSHIP 01-4390-1/1-33 25.00 223910 C6/36/86 SI.16 P 0 S BUS iY2 OFF SUPPLIES 21-A210-515-90 57.16 223911 CB/OS/86 70.00 NORTHERN CULVERT ST MNT SUP 01-4233-249-42 70.00 IS 2i3913 0610618L 20.00- COALE SAND G ASSOC LICENSE 01-3130-000-CO 223913 C9/C,/B6 3A0.00- COALE SAND 6 ASSOC IMPOUND FEE 01-3620-COO-OC 223913 0B/96186 131.15 COALE SAND 6 ASSOC ANIMAL CARE 31-4160-185-35 223913 38/06/96 1,278.11 COALE SAND A ASSOC ANIMAL PATROL 03-4361-185-35 1.053.66 223931 CB/Oe/96 70.42 CITY OF WAYZATA OTHER CONSULT 11-4336-129-31 /1.L2 223915 OB/06186 581.16 NEST TONMA INTRS SLOG/STRUCTURES 71-4320-590-93 591.16 •u-CPi 1K TBOl 98/01/86 256.36 POSTMASTER POSTAGE OL-4321-114-33 MANUAL 1986 CITY OF ORONO CHECK REGISTER 66-11-R6 PA6t CHECK H0. DATE AMOUNT WENDUR ITEM DESCRIPTION ACOIT W0, Ih V. • P.O. • 1L ibAG HC1801 OB/GI/96 P56.36 POSTMASTER POSTAGE Ol-t1Dl-IH-!] •ANJ.L HCT801 06/01/86 256.36- POSTMASTER POSTAGE Cl-LSFI-IIG-SS MANUAL HC1801 00/01/86 256.36- POSTRASTER POSTAGE 9I-932t-179-33 HANeAL .00 HCIS 2 08/0l/86 20.00- BLDG CODE DIV LICENSE A TAKES 91-93A3•179-33 MANUAL HCIB02 U8/01/86 20.00. BLOB CODE DIV LICENSESITAKES 01-9393- A9-33 MANUAL Hr,1902 00/01/86 20.00 BLDG COOS DIV LICENSE/TAKES 01-936l-IT9-33 MARUAL NCIS02 90/01/86 20.00 BLDG CODE DIV LICENSE/TARES Ut-9]83-119-]3 MANI-L .00 - MC/BOS 08/01/86 215.00 METRA AREA R64T CONF/SM004.3 11-91•-6-039-12 +ANJAL MCT803 08/D1/86 215.00- METRO AREA MANY CDNF/SCHOOLS 01-4356-039-12 RANJAL HD1803 06/01/86 215.00 METRO AREA MGMI CONF/SCHOILS 91-9!!6-039-12 MANUAL HC7603 DB/01/B6 215.00- METRO AREA MGMT CDNF/SCHOOLS 01-4356-039-12 M6su el .00 HCT8O5 08/01/86 in.93 ED MILLIPS MINE -URCH /1-9612-514-95 MANUAL HOBOS 08/31/56 12/.43- ED P41LLIPS WINE POACH 11-9812-519-95 MANa•L HC7805 OB/O1/6t 3.92- ED PHILLIPS WINE DiiC FI-9P13-519-95 PAW AL MCTB05 08/01/86 3.42 E0 MILLIPS MINE DISC 11-4813-519-95 RANJAL .00 HCF806 08/01/86 1.66I.61- EAGLE DIST L1Q PURCH 11-9616-514-95 KANJAL HCYBY6 C8101/86 1.667.61 EAGLE DIST LIS PURCH II-9010-519-95 1A.J.L MC1806 08101/86 33.SD- EAGLE DIST LIS DISC TI-9911-519-95 MAWJ.L MC1806 Od/Ol/86 33.50 EAGLE DIST LEO 31SC I1-4011-516-95 MANUAL .00 • MCISDI 08/01/56 1.336.99 QUALITY WINE LIS PURCH II-4810-514-45 MA6JAL MCTBUT UB/01/Ba 1.336.99- QUALITY WINE LIS PURCH 71-99i0-519-95 MANUAL HCP80P 08/01/B6 26.59- QUALITY WIVE LIS DISC It-9Bl1-511-95 RAWAL HC1801 08/01/86 26.69 QUALITY WINE LIS DISC II-9811-519-95 MAW.L HCT80T 08/01/96 602.79 QUALITY WINE SWINE PURCH I1-9812-519-95 KA%JAL MCTB01 08/01/86 602.79- QUALITY WINE WINE PURCH /1-6812-514-55 HANUAL M080F 08/01/96 6.00- QUALITY NINE WINE DISC II-9E13-519-95 RANJAL MCF601 08/01/86 6.00 QUALITY WINE WINE DISC 11-9l1!-519-95 PANJAL .00 MCF80B 08/01/86 1.250.00 R A N RENTAL STORE RENT I1-4332-SAS-96 MANUAL .1CI80b GB/01/66 1.250.00- K A A RENTAL STDRE RENT 11-4332-515-90 HANUAL .00 MDT809 08/06/86 60.00 MADDEN INN CDNF/SCHOOLS 01-9356-129-31 WAWJ.L 60.00 MC1610 OB/06/86 4.90 UPs POSTAGE /1-932t-039-12 HAWUAL 4.90 . ...... ....CM, NCI912 08/06/86 246.22 DOER SS RET FICA I/14 13 F/2I/86 01-9142-039-12 MANUAL MCYS12 CB/06/86 10.25 EDER SS REY FICA II14 TW F/27/86 0t-9142-040-13 INWu1L 1986 CITY OF ORONO CHECK RLGISTER f8-11-86 PAGE + CHECK NO. DATE IMOUNT YEN004 ITEM DESCRIPTION ACCOUNT NO. INV. R P.O. • MEiSA4` HOF801 OB/GI/86 256.36 POSTMASTER POSTAGE 01-4321-114-33 MANWL MA801 OB/01/Bf 256.16- POSTMASTER POSTAGE 01-4321-IF.-I3 MANUAL MC7901 38/01186 256.36- POSTMASTER POSTAGE 01-4321-IT4-33 MANUAL .00 MCF902 ORICl/86 20.00- OLDS CODE 31V LICENSE 6 TARES 01-4383-114-33 MANUAL MCF802 08/01/86 20.00- BLDG CODE DIV LICENSESITAAES 01-4393-IT4-33 RAMJAL MC7602 08/01/86 20.00 SLOG CO BE 31V LICENSE/TARES 01-4393-114-33 MANUAL NCI802 98/01/86 20.00 BLDG CODE DIV LICENSC/TARES 01-4383-114-33 PANa.L .00 MC1B03 oval/a6 215.00 METRJ AREA M64T CDNF/SC+OOL3 31-43E6-039-12 MANUAL K YS03 08/91/66 215.00- METRO AREA MANY CONFISCMOOLS 01-4!56.039-12 MANUAL HC1803 DB/01/86 215.00 BEING AREA RGNI COMF/SCHOOLS 0I-4!56-019-12 MANUAL MC2603 08/01/86 215.00- METRO AREA MGNI CONE/SCHOOLS 01-4356-039-12 MA%u.L .00 ...... ....CMS HC1805 OB/01/Bfi 1T1.43 ED PHILLIPS wtml .JACM 1I-4812-514-95 MANUAL NC2905 08/01/e6 1F1.43- E0 PHILLIPS VINE PUNCH 7I-4022-514-95 MANUAL HCIB05 08/01/Mf 3.42- ED PHI -LIPS MINE 3liC ll-loll-51•-95 PANJAL HCT8U5 06/01/e6 3.42 ED PMI-LIPS MINE 3ISC )1-4313-SN-95 MANUAL .00 . HC7896 08/01/8M 1.667.61- EAGLE DIST LIQ PJRCA 71-4810-514-95 PAN, L HC/8i6 OB/Ol/06 1.661.61 EAGLE DIST LIQ PURCM 11-4810-514-91 "..UAL HCY806 08/01/86 33.50- EAGLE DIST LEG DISC 11-4ef1-514-95 PANJ.L HCT905 06/9l/8E 33.36 EAGLE DIST LIS DISC I1-4011-511-95 MANUAL .GO MCTBOF 08/01/86 1.336.99 QUALITY NINE LIO PURCM 1I-4810-514-95 PAMJAL HCIBOT 08/01/66 1.336.99- QUALITY MINE LIG PJRCH T1-4tl0-514-95 PANLAL MC7807 OB/01I66 26.69- QUALITY NINE LEO DISC 11-4E11-514-95 MANUAL HC1807 08/01/eE 26.69 QUALITY MINE LID DISC It-tell-514-95 PANU.L HCT60T OB/01/86 602.19 QUALITY MINE SMINE PMACH 11-4012-514-95 AANJAL MCIBOF 06/01/86 602.79- QUALITY NI ME NINE PURCM 11-4612-514-SS MANUAL MC/6 1 08/01/86 6.00- QUALITT NINE MINE DISC tl-t!1 !-s1t-95 F 4L MC7807 OB/OI/B6 6.00 QUALITY NINE MINE DISC 11-.e1!-534-95 "A —AL .00 M01808 08/01/86 1.250.00 9 6 4 RENTAL STORE RENT 11-4532-SAS-9L BANJAL MCFB08 08/01/86 1.250.00- M A 4 RENTAL STORE RENT /1-4332-515-94 MAWIAL .00 MCTS09 08/06/Bfi 60.00 MAOULN INN CONFISCHOOLS 01-0356-129-31 MANUAL 60.00 "CEDED 08/06/86 ..90 UPS POST&GE 01-4I21-039-12 MANUAL 4.90 . .-CAS s.••• HCIB12 06/06/86 246.22 DOER IS NET FICA III% TO FIZIIB6 01-4142-039-12 "MAL 1M:IS12 08/06/86 3C.15 DOER SS NET FICA III% fe I/4F/86 01-4142-0.0-13 RANUAL 198F. CITY OF ORONO CHECK REGISTE. OB-11-B6 PA6f CHECK NO. DRIE AMOUNT VENDOR ITEM DESCRIPTION A -_COURT M0. INV. A P.O. • ME i1 A..- NC/812 CB/06/86 2.34 DOER SS PET FICA 7114 TO 1121106 31-4142-019-14 LANUAL NCF812 U8/06/86 175.36 DOER SS PET FICA 1/l9 TO 1121/66 51-4142-069-15 MANUAL MQ812 08/G6186 19.50 DOER SS NET FICA 1114 TO 112/186 01-6142-099-11 "Arvaq K YS12 08/O6/06 8.26 DOEM SS REI MDCR F114 TO 1/27/86 01-R1M2-111-31 RANJAL MC1812 *8106/B6 14.64 DOER SS REF FICA T/19 TO I/2FIS6 51-6162-115-31 MANUAL NC/etd 08/06/86 btl GOER SS NET MICR T/lP TO 7127166 01-4142-126-31 MANUAL MIS12 06106/6f 7.32 DOER IS Alf "OCR T/IP IO 7127184 01-4192-IF9-33 MANdL M IS12 08/06/8f 336.04 DOER SS NET FICA 7014 TO 1127186 01-4142-119-33 MANUAL .1E 1812 08/0616E 339.43 DOER SS AST FICA F/14 TO //2f/86 01-4142-2.9-42 MAN xC/B11 08/06I Bf 302.03 GOER SS REC FICA I114 TO I/21/06 01-4142-290-61 q'. A:. MCIS12 OB106/9f 3./1 OPEN SS NET FICA 7014 TO 1121186 4S-4142-432-0I MANUAL MC18:2 C0/06I8. 3.58 DOER SS PET ROCA M4 TO 1121186 /1-9192-515-90 PAk..L MC2812 08/0618, 52.52 GOER SS NET FICA Y116 TO 112F1A6 I1-6162-SIS-9C MANUAL M[i912 08/06:8f 60.39 DOER SS Bit FICA 1114 TO I/21166 /2-4142-599-91 MANUAL BC 2812 08/06/96 114.Y5 DOER SS NET FICA 1/14 TO I/21/86 I3-4142-SGV-92 PA%UAL HCIBl2 OR/0618f 90.91 GOER SS AEI FICA //14 TO 1121186 19-9142-596-93 MANUAL HCI812 ON/06/.6 12.15 DOER 55 AST MICR F/14 TO F12f/86 I6-6142-590-93 PANLAL 1.654.06 MINIS OP/OS/66 529.05 QUALITY NINE MINE PURCM II-4912-519-95 "AAUAL OCIS13 a8/06/8E 5.25- QUALITY NINE NINE DISC /1-.013-516-95 MANUAL $23.60 NCI819 08/C6/B6 868.33 EAGLE DIST LIO PUNCH 11-4810-519-25 PAAJ AL NCTB19 CA106/66 11.21- EAGLE DIST LIQ DIST /Y 9N11-519-95 "ANJfL HCI814 08/06/86 697.53 EAGLE DIST .INE PURCM I1-4812-516-95 MANUAL MC1814 08/0.186 13.93- EAGLE DIST NINE 31SC I1-6813-514-95 MANUAL 1.5]...6 • MCT815 08/0..,B6 1.236.66 INTE%CONTIITL PCG MIME •UREx li-R9I0-SU-vS MANJ.L "CI815 CB/06/66 12.40- IMTERCGNTIVTL PAR NINE DIST ft-R811-519-95 MANUAL 1.224.26 + "CIN16 08/06/86 263.19 ED PNILLIPS LTG PURCM T1-4810-519-95 MANUAL MC1816 04/06/86 5.21- ED PNILLIPS LIS DISC I1-4-11-5/6-95 MANUAL N-YE16 OS/C6f8f 935.18 ED PHILLIPS NINE PUNCH 11-4812-519-95 MANUAL HC1816 08/1619E 18.70- ED PNILLIPS NINE PUNCH 71-4013-514-95 MANUAL MCI8l6 OBIO6/M6 97.50 ED PNILLIPS BEER PORCH 11-9B15-S1A-9S MANUAL 1.271.90 ...... ....CAS 25.899.20 FUND 01 TOTAL GENERAL FUND 280.01 FUN, 12 IOTAL PARK FUND 1,328.50 FUND 13 TOTAL COMM BEVEL BLOCK :RANT F 95.00 FUND U TOTAL IMPROVE 6 EQUIP OUTLAY F 5.606.%0 FUND 2] TOTAL RUNIC STRTE AID C311S FOR 50.191.25 FUND 43 TOTAL 1980 SPEC ASSESS"ENT FOR 16012.50 FUND 54 TOTAL 1982 SPEC ASSESSMENT FUN 2.241.29 FUND 65 TOTAL 1985 SPEC ASSESSMENT FUN 5.987.57 FUND TI TOTAL LIQUOR G.:AATSNG FUND 8.224.37 _ FUND 12 TOTAL WATER OPERATING FJRD 1.952.16 FUND 73 TOTAL SEVER OPERATING FYQO 1.295.50 FUND 79 TOTAL GOLF COURSE OPERATING FC 97.508.64 TOTAL PUBLIC ATTENDANCE CITY OF ORONO Cok,,)- n c(' I MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) 2. 1 ,( 06Ll vAW41-MBr" eW E z �. �, / *13: ,.,: e. a 6V „n 7� o(LA^04J 2(090 WA Kq j.wN S. 00%q O re a Sig 5 wa-41 u �o g. ro) O. S 50 <,G,v i I. R oo�C 1' „ 1, 2. K, M �y ,t a ; � C _ 'e. 60,% we-LL 6 U)A-kT..1�KU % !/ ilA - LA TER yv l Eli' -aS l I-YRj g- L' LIL C.d�Ih9E % J /� sA/c =x.., ..1:•r� iz fR� c %s �ztnrl P�JLh . Gnn�✓1� �mwi � 7 I nf r in a-h i on IE +e.,00tv% 5 comt. ct I ot rneeb I MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY k" 1986 ATTENDANCE 7:30 P.M. The Orcno Planning Commission met on the above date with the £r.11owing members prese,.t: Chairman relley- Bell�ws, Goetten, McDonald, Callahan, and Taylo Rovegno was absent. The following 't .:esented the Ci� staff: Building 4 Zoning Administrator Mab::sth, Assistant Zoning Ad its rator Gaffron, and :ity Recorder F-cerson. Mayor Butle• was also present. NOTE: Planning Commission membL .Taylor was excused from the meeting at 11:15 P.M. - All action taken on applica ons after 11:15 resulted in a 5 member ratio. #1047 DENNIS EUNLIN 2665 PDX STREET PRELIMINARY SUBDIVISIOY PUBLIC SHREW 7:30 - 7:35 The Affidavit of Publ _ion and Certificate of Mailing was note: Zoning Administrator Mabusth explains,. the the revised flan now reflects the redesignated retland area. Based on the area, the proposal meets tFe 2-acre lot standard. Staff requests the site evaluate t� a-submi a ne- septic design to assure that it wi 11 t ocated frca the wetland based on ne redesignated ws_la :d 3rea. Denniu Kumlin was present fo- th.. matte and stated he had no problem with the redesiynated wetland area. No one was present from the pc'•lic regarding this matter and the puhlic hearing was cloc- It was moved by ,.,,.tten, seconded by Chairman Kelley, to recommend approval per staff recommendation and subject to the new septic i!esign being submitted prior tha A,ust 11, 1986 Ceuncil meeting. Motion, 7'•es Nays 0. i1058 PF 'POSED COPPREHENSIVE PLAN AAKNJMEMT TC INCL.bOE Ci'SPTAIN AREAS kITHIN NUSA-M:iSR BOOHDANY PUP'TC HEART. 9:-J - 9:39 7",- Affidavit of Publ tion :a noted. D. Brian Fulm , 3505 Wayzr lyd., was Present for this mattes. Zont..g .,,ministrator Mabusth exi fined the propose: amendment to include areas already sewered or approved for se . Fulmer prerty) which are not ' :mally inclur-,. a propose Com�•ehensi— r'^n ar jment. MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 21, 1986 #1058 PROPOSED COMPRBNRNSIVB PLAN AMENDMENT continued There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Taylor, seconded by Goetten, to recommend amending the Municipal Comprehensive Plan redesignating the M.U.S.A. - M.S.S.R. boundaries to include properties already sewered or approved for sewer per staff recommendation subject to staff assurance of the correct legal description. Motion, Ayes 4, Nays 2. Kelley and Callahan voted nay due to the Hwy. 12 Corridor Study Moratorium. 11057 PROPOSED ZONING AMENDMENT TO ALLOW DUPLEX UNITS WITHIN PRO DEVELOPMENT UNDER CERTAIN CONDITIONS PUBLIC HEARING 11:42 P.M. The Affidavit of Publication was noted. It was moved by Goetten, seconded by Bellows, to table this matter until the August 18, 1986 Planning Commission meeting. Motion, Ayes 5, Nays 0. i1043 GARY BEI7 1169 NORTH ARM JVE VARIANCE PUBLIC HEARING 7:37 - 7:40 The Affidavit of Publication and Certificate of Mailing was noted. Gary Beito was present for this matter. Assistant Zoning Administrator Gaffron explained the request for a side yard setback variance to add a 3- season porch which is an extension of the existing line of the house. He noted that the variance is required due to the recent policy change. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Taylor, seconded by McDonald, to recommend approval per staff recommendation and findings. Motion, Ayes 6, Nays 0. #1045 ARTHUR i CLBO BLORI®DAAL 145 CYGNET PLACE VARIANCE PUBLIC HEARING 7:41 - 7944 The Affidavit of Publication and Certificate of Mailing was noted. 2 MINUTES OF THE PLANNING COMUSSIOM MEETING HELD JULY 21, 1986 11045 BLOFJ"DAAL continued Assistant Zoning Administrator Gaffron explained the request for a front yard setback variance to construct an attached garage addition 27' from the lot line. He noted that this house was built prior to the current zoning code. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Callahan, seconded by McDonald, to recommend approval per staff recommendation. Motion, Ayes 6, Nays 0. #1050 THOMAS R. BRONNE 760 SOUTH BROWN ROAD VARIANCE PUBLIC HEARING 7:45 - 7:51 The Affidavit of Publication and Certificate of Mailing was noted. Thomas 6 Sheila Browne were present for this matter. Assistant Zoning Administrator Gaffron explained the request to construct a 2-story addition with a den where a screen porch existed and a new attached garage on the north side of the house (both maintaining 37.2' setback) requiring a variance because it is considered new structural encroachment into front setback zone. He noted that applicant is relocating his driveway further north to a safer location with the City's and County's approval. He noted that the old garage will be moved once the new garage is built. Planning Commission expressed concern regarding the angle of the driveway entrance. 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 recommend approval per staff recommendation and subject to entrance of driveway be reviewed and approved by the City Engineer prior to the July 28th Council meeting. Motion, Ayes 6, Nays 0. 11056 OLAI HANSON 1390 RAILROAD AVENUE VARIANCE PUBLIC HEARING 7:52 - 7256 The Affidavit of Publication and Certificate of Mailing was noted. i NIKMES OF THE PLANNING COMMISSION MEETING HELD JULY 21, 1986 i1056 HAIUM continued Olai 6 Hilda Hanson were present for this matter. Assistant Zoning Administrator Gaffron explained the request to construct a 20' x 24' detached garage 5' - 7.5' from the side yard lot line requiring a variance. He noted that the applicants survey indicates the neighbor's, Frances Golden, 1380 Railroad Ave., garage is located on the applicants property. Today, Frances Golden submitted his own survey dated in 1950 which indicates the garage located 2.7' from the lot line. Both the applicant and Mr. Golden have indicated that there was a court action in 1971 that affected the lot line. Staff recommends tabling this matter in order to determine the actual lot line. Frances Golden was present for this matter. It was moved by Chairman Kelley, seconded by Callahan, to table this matter and continue the Public Hearing to the August 18, 1986 Planning Commission meeting. Motion, Ayes 6, Nays 0. i1026 MIKE HILBELINK/JOHN VOGT 160 OLD CRYSTAL BAY ROAD PRELIMINARY SUBDIVISION REFERRED BACK TO PC BY COUNCIL Applicants Mike Hilbelink and John Vogt were present for this matter. Zoning Administrator Mabusth explained that the Council referred this preliminary subdivision plan back to the Planning Commission for them to address future access in relation to this property. She explained the staff's reCOLmendation for future accesses proposing a north/south link from Watertown Rd. to Woodhaven Dr. along the east property line of Lots 2 a 3. Mr. Hilbelink stated he objected to staff's proposal because that area is the only area of trees on the property. He also objected to taking a 50-60 easement on his property for a future road when he does not intend any high density development and would serve to benefit the property to the east. He stated that he did not feel the proposed throughroad was the most central location for it, recommending a throughroad on the east lot line of the Hallson estate plat. MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 21, 1986 #1026 HILBILINE/VOGT continued Planning Commission members thoughts regarding if a north/south link should be designated and/or where it should be located: Taylor - agrees with applicant, a north/south link between Watertown Rd. and Woodhaven Rd. on the east side of the Hallson estate. McDonald - agrees with applicant, a north/south link between Watertown Rd. and Woodhaven Rd. on the east side of the Hallson estate. Callahan - no connection street, but if a connection street must be designated he would agree with applicants proposal. Kelley - agrees with applicant, a north/south link between Watertown Rd. and Woodhaven Rd. on the east side of the Hallson estate. Goetten - does not feel there should be north/south link, but if one must be designated she would agree with applicants proposal. Bellows - accepts staff's proposal for a north/south link because it is more realistic based on future subdivision. Chairman Kelley recommended that a 30' easement be designated on the west side of Lots 2 a 3 to the point where it meets Lot 1 in addition to a future north/south link on the east lot line of the Hallson estate if/when the property is developed. David Will, future owner of Lot 1, stated that he hopes to buy a portion of the property to the south of Lot 1 and does not intend to subdivide and felt it unfair to designate a 30' easement with no future plans to subdivide. Chairman Kelley stated the the Planning Commission must designate a future access based on the Council's direction and are a recommending body only, the final decision will be up to the Council. Pertaining to the property involved in this application only (not including the Hallson estate property), it was moved by Kelley, seconded by Callahan, to recommend designation of a 30' easement on the west side of Lots 2 and 3 to the point where it meets Lot 1. Motion, Ayes 6, Nays 0. Note: A future north/south link would be located outside of this property and further east. MINUTES OF THE PLANNING COMMISSION MEETING BELD JULY 21, 1986 ♦1037 JOHN BUSSE 1951 CONCORDIA STREET VARIANCE/CONDITIONAL USE PERMIT SECOND REVIEW John Busse was not present for this matter and the Planning Commission waited until 11:40 P.M. for his presence to act on his request. It was moved by Bellows, seconded by Chairman Kelley, to recommend denial of a conditional use permit and variance to regrade lakeshore yard to create a walk -out basement configuration per staff recommendation. Motion, Ayes 5, Nays 0. #1042 THOMAS J. MAXWELL 3685 WATERTOWN ROAD CONDITIONAL USE PERMIT PUBLIC HERRING 7:57 - 8:05 The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron explained the request for conditional use permit for guest house use of second existing residence, in conjunction with combination of 2 parcels of + 5 acres each into a single parcel. Mr. Maxwell's aunt, Arlie Thorpe, owns the adjacent property and will deed the property to Maxwell in exchange for a life estate. This will allow construction of a new 6 stall barn meeting the 150' setback from all property lines, and allow 7 horses maximum. Jack Ebert was present representing Mr. Maxwell and stated that he had the signed deed in hand. No one was present from the public regarding this matter and the public hearing was closed. Callahan stated that he was opposed because it was bad zoning s planning to combine the property just for the purpose of allowing 6 horses. Bellows and Goetten agreed with Callahan. Assistant Zoning Administrator Gaffron noted that once the properties were combined they might not be allowed to subdivide again because the properties would be substandard in the required 5 acres zoning area. Taylor stated that the applicant has complied with the Planning Commission's direction at the last meeting. McDonald agreed with Taylor. MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 21, 1986 #1042 PJ MELL continued No one was present from the public regarding this matter and the public hearing was closed. It was moved by Taylor, seconded by Kelley, to recommend approval per staff recommendation. Motion, Ayes 3, Nays 3. Bellows, Goetten, and Callahan voted nay. #1044 JAMES ERICKSON/VICKI RIZZOLO 115 LOCB LINE RIDGE CONDITIONAL USE PERMIT PUBLIC NEARING 9:45 - 9:55 The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron explained the request for a conditional use permit and variance to permit a mother-in-law apartment at walkout level of a new home under construction. He explained the action taken by Council in previous applications noting that it has been granted on a "temporary" basis. He explained staff's recommendation to eliminate a direct access door from the garage stairway into the apartment, solely based on this being consistent with Council action in previous applications. James Erickson and Vicki Rizzolo were present for this matter. Mr. Erickson stated that they would like the access door to remain because it does not change the situation, eliminating it would just create more of an inconvenience. Chairman Kelley stated he was in favor of mother-in-law apartments and is in favor of leaving the door as proposed on the plan. Bellows concurred with Kelley's statement. Callahan stated that he felt mother-in-lay. ..+artment requests should be put on hold until L. a city establishes standards for such a use. Goetten agreed with Callahan's statement. No one was present from the public regarding this matter and the public hearing was closed. 7 MINUTES OF THE PLANNING COMMISSION METING HELD JULY 21, 1986 #1044 BRICBSON/RIZZOLO continued It was moved by Chairman Kelley, seconded by Bellows, to recommend approval per staff recommendations Y1, 3, and 4 and eliminate condition A2 to eliminate the Access from the garage stairway to the apartment. Motion, Ayes 4, Nays 2. Callahan and Goetten voted nay. Callahan stating that he was opposed to approving this application for policy reasons in general and also because it may be inconsistent with the new development of the neighborhood in which this house is being built. Goetten stating that she has been opposed to this type of application because the city has no policy established and that they tend to be on substandard lots. #1046 DOUGLRS J. ZUMBUSCH 1535 LONG LRBB BOULEVARD CONDITIONRL USE PERMIT PUBLIC HEARING 8:14 - 8:28 The Affidavit of Publication and Certificate of Mailing was noted. Douglas J. Zumbusch was present for this matter. Assistant Zoning Administrator Gaffron explained the request to replace/construct new retaining walls and construct new stairway to lake within the 0-75' zone. Staff finds no problem with the retaining walls. The material to be used in the two landings is not finalized. He noted that the location of the drainfield lines are unknown at this time. He also stated that staff recommends obtaining an actual survey. Douglas J. Zumbusch was present for this matter and stated that they propose brick landings and step treads and that the landing nearest the lake is mainly for a picnic table use. Planning Commission felt that the amount of hardcover in the proposed stairway plan could be reduced. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Goetten, to table this request pending a survey with drainfield location and a plan to reduce the amount of hardcover in the stairs. Motion, Ayes 6, Nays 0. MINUTES OF THE PLANNING COMMISSION MBSTING HELD JULY 21, 1986 #1048/#1049 WASHINGTON SCIENTIFIC, INC. 2605 WAYSATA BOULEVARD COMMERCIAL SITE PLRN/VARIANCE PUBLIC HERRING 8:30 - 8:57 The Affidavit of Publication and Certificate of Mailing was noted. Representing Washington Scientific were Joe Pollansch and Mike Unger. Zoning Administrator Mabusth explained the request for a variance to the exterior materials used in an accessory structure and a conditional use permit for an accessory structure in an industrial zone. The purpose of the accessory building is to store metal scrap waste materials and some chemicals (chemicals that must be stored outside the principal building). Goetten voiced concern regarding the type of chemicals and requested a list of chemicals that are to be stored in the structure. Mr. Pollansch stated they would be willing to submit a copy of the list of materials that they submit to the fire department and MPCA, some of which are chlorinated solvents, hydrogen, and acetone. Regarding the sprinkler system in the principal building, Zoning Administrator Mabusth stated that they hope to get an agreement with W.S.I. indicating when sprinkling of the structure will be completed, clearly, the proposed accessory structure will have to be sprinkled at construction time. Callahan noted that in addition to the above stated variance and conditional use permit required, the applicant needs to be granted a variance to the Hwy. 12 Moratorium Corrdior Study. Zoning Administrator Mabusth noted that was a good point and explained the moratorium to the applicants noting that staff had failed to review this with the applicant. Chairman Kelley noted that in the Hwy. 12 Corridor study there has been some discussion regarding a service road on their property. Bellows asked why they were proposing a separate structure rather than adding on to the existing building. She stated that she felt the applicants were proposing a separate structure in order to avoid/delay updating (sprinkling) the main building. MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 21, 1986 fle:48/01049 WASHINGTON SCIENTIFIC continued Mr. Unger stated that to add on to the existing building would require changing of aisles etc. diminishing the useable space now within the main building. He also noted that their proposal would be the same even if the main building were already sprinkled. Mayor Butler, who was the Council representative at the meeting, suggested that the Planning Commission give direction to applicant regarding a variance to the moratorium before they spend more time with discussion. Mr. Unger stated that he felt the variance being requested would have a minimal effect on the moratorium. Chairman Kelley noted again the issue of a service road for W.S.I. might have an effect. Mr. Unger stated that if they were to put in a service road along the railroad tracks, they would provide landscaping to screen the building. McDonald noted that applicant was not made aware of the moratorium and applicant indicated that tabling this matter until the study was done would be a hardship to their operation. It was moved iy Callahan, seconded by Bellows, to table and continue the public hearing until the Hwy. 12 Corridor Study Moratorium is lifted (approximately September/October). Motion, Ayes 3, Nays 3. Kelley, McDonald, and Taylor voted nay noting that the applicants were not told about the moritorium until tonight. Recommendations made to applicant before they bring this application back to the Planning Commission for consideration were: -sprinkling of the main building be resolved -Fire Dept. recommendation of safety of chemical storage It was moved by Bellows, seconded by Chairman Kelley, to table this application until the main building is brought up to code or an approved plan submitted to staff. Motion, Ayes 6, Nays 0. 01051 RONALD L. GLBSNE 1475 CHERRY PLACE VARIANCE PUBLIC HEARING 10:02 - 10=07 The Affidavit of Publication and Certificate of Mailing was noted. 10 MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 21, 1986 i1051 GLESME continued Assistant Zoning Gaffron explained the request for lot area - lot width variances to construct a residence on a substandard lot. He reviewed the history of the subdivision into 4 lots (each approximately 2/3 acre) which occurred in 1971 of which three lots were built on. In 1971 it was customary to collect the $1270 sewer unit fee at the time the building permit was issued. No building permit was ever issued for the 4th lot, and staff finds no record that the 4th sewer unit was ever paid. Staff recommends that if the applicant is unable to verify that the sewer unit was ever paid and the city can find no record of it being paid, it must be collected when/if the building permit is issued now. Ronald Glesne was present for this matter, as were the prospective buyers of the lot, David 6 Cheri Will. Mr. Glesne stated that he talked to the previous owner, Arthur Ahlm who subdivided the property, and Mr. Ahlm no longer has those records nor can he remember if the the sewer unit fee was paid. David Will stated that he did not feel that they should have to pay this fee and that requiring them to pay the fee may make the difference as to whether or not they can purchase the lot. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Bellows, to recommend approval per staff recommendation and conditions as outlined, including Condition 41 requiring the sewer unit fee to be collected with issuance of a building permit. Motion, Ayes 6, Nays 0. Chairman Kelley advised the propsective buyers of the property to meet with staff regarding the City's hardcover regulations. 11052 JOHN T. SPENCE 2040 NORTH SHORE DRIVE VARIANCES PUBLIC HEARING 30:14 - 10a2S The Affidavit of Publication and Certificate of Mailing was noted. Zoning Administrator Mabusth explained th, request for variances to build a new 8'x6' shed and to replace 56 lineal feet of a 3-1/2'+ privacy fence within the lakeshore portion of his property. The original shed and section of the lake yard fence were damaged in an automobile accident within the past few months. MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 21, 1986 #1052 SPENCE continued John Spence was present for this matter and stated that his original recuest was to replace the damaged portion of snow fence, but would like to amend his request for replace the entire fence with a 3-1/2' cedar fence with a matching gate in the identical location as the existing fence. He stated that he needed the fence to control debris from the County road and felt that the better quality fence would enhance the property. Regarding the shed, he would like to replace the damage shed with a new 81x6' shed in order to store a lawnmower, boating equipment. A lock box is not large enough to store these things, noting the distance from the house to lake too far to carry these. items across the County road safely. He also noted that he would like to replace the shed on the existing foundation 61from the south lot line which &butts the City's property. If he is required to relocate the shed the required 10' from the lot line it would be more visible to the road. No one was present from the public regarding this matter and the public hearing was closed. Goetten stated that it was her understanding that they have never, allowed rebuilding of structures within the 0-75' setback and she is not against the fence, but is not in favor of rebuilding the shed. McDonald agreed that for safety reasons, applicant should be allowed the larger shed to store the items necessary. It was moved by Callahan, seconded by McDonald, to recommend approval of hardcover and lakeshore, street and side setback variances required to permit the installation of new fencing and rebuilding of accessory structure, citing the safety reasons to allow the shed. Motion, Ayes 5, Nays 1. Goetten voted nay for the reason she previously stated. #1053 RAYMOND J. AOSAA 3265 CARMAN ROAD CONDITIONAL USE PERMIT AND VARIANCE PUBLIC HEARING 10:29 - 11:10 The Affidavit of Publication and Certificate of Mailing was noted. Raymond Kozak was present to this matter, as was his planner, Greg Ropischke. Mr. Rosak stated that he is trying to upgrade his property so it is consistent with the neighboring properties. He noted that a portion of the proposed plan has already been constructed without a permit due to lack of knowledge regarding permits. 12 MINUTNS :1P TNN PLRYFING COMMISSION MEETING HELD JULY 21, 1986 11053 NOSAN continued Greg Kopischke stated that the decking around the pool was needed for safety concerns and some of the other decking to help protect the slopes f-om erosion. He noted that the hardship was a substandard lot. Zoning Administrator Mabusth explained the requests as follows: a) a conditional use permit for construction of new retaining wall and replacement of existing wall 0- 75' lakeshore b) variances for alterations/retaining wall within defined protected area c) lakeshore setback variance within 0-75' for decks - proposed 61' - required 75' - variance 14' or 19% d) hardcover variances: 0-75' area - existing a 141 s.f. or 1.9% - proposed - 1463 s.f. or 20% - allowed a 0% 75-250' area - existing - 2821 s.f. or 22% - proposed - 3583 s.f. or 281 - allowed 25% (Note: 618 s.f. or 5.3% of the existing is part of the proposed plan already ccnatructed without a permit) Zoning Administrator Mabusth explained that the improvements involved the removal of lakeside porches/decks and patio area and replacing them with various levels of spaced wooded decking. She pointed out the portions that have already been constructed. She noted that applicant proposes to place rock mulch over a geotechnical filter fabric under the spaced wooded deck area allowing rainfall to filter through. Goetten stated that the deck appeared to be as large as the house area and applicant bought into the hardship of a substandard lot. Bellows stated that she could not condone the issue of the applicant/contractor's ignorance of a building permit being required. No one was present from the public regardinr `his matter and the public hearing was closed. (Note: oe letters of approval of the proposed plan were received from the neighbors, which were included in the Planning Commission packet.) 13 MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 21, 1986 i1053 KOSAK continued After a lengthy review and discussion of the various levels of decking and retaining wall proposal, it was moved by Chairman Kelley, seconded by Goetten, to approve a conditional use permit and variance for the construction of a retaining wall and replacement of an existing wall within 75 feet of the lakeshore based on the overall decrease in hardcover of 1 s.f. and to deter bank erosion. To approve hardcover and setback variances for portions of the existing deck as follows: 1. Cut back deck allowing 5 feet around the pool and to angle back along a support beam as one moves eastward - relocate stairs. 2. Upper deck (proposed and existing) allowed. 3. No further expansion of decks on lower levels. Motion, Ayes 6, Nays 0. NOTE: Planning Commission member Taylor was excused from the meeting at t�time. #1054 STEVEN SCRVWLY 2555 COUNTRYSIDE DRIVE VARIANCE PUBLIC HEARING 11:15 - 11:19 The Affidavit of Publication anu Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron explained the request for an after -the -fact variance to construct entrance walls in front yard which exceed the allowed 42". In addition, if the entrance walls are considered as an accessory structu-e, no accessory structures are allowed in front yards. Steven Schnebly was present for this matter and stated that the Countryside Assv--ation has a covenant which allows fences and knew a k s.it was not required for the fence (which he assumed included the entrance walls). Bellows stated that she would have a problem approving this application on the basis that it is already constructed and noting a previous application in which the proposed wall seemed to serve a much more useful purpose yet was denied. No one was present from the public regarding this matter and the public hearing was closed. it was moved by Goetten, seconded by McDonald, to recommend approval of the after -the -fact variance for entrance walls noting that they are not a safety hazard. Motion, Ayes 3, Nays 2. Bellows and Callahan voted nay. 14 MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 21, 1986 #1055 DANIEL LEE BRAGG 500 ORCRARD PARR DRIVE VARIANCE PUBLIC BEARING 11:19 - 11:32 The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron explained the request. The applicant who is a potter wishes to buy the property at 500 Orchard Park Road contingent upon approval of his request. He requests a variance to conduct a home occupation in a detached accessory structure or side setback variances to add a pottery studio to house or to existing barn. He noted the items of concern within the home occupation standards a) the home occupation must be conducted within the principal structure, entrance must be gained from within the structure; and b) no excessive stock in trade may be stored on the premises. Consuelo Carruthers, 580 Orchard Park Road, stated she was against a commercial use in that area and feels there may be a fire hazard involved with a kiln. Daniel Bragg was present for this matter along with his realtor. Mr. Bragg stated that the kiln is very safe. Planning Commission indicated that they would be more likely to approve a studio added to the residence, however applicant did not have any proposed addition plans for the Planning Commission to consider and review. Callahan not ' that he found no hardship involved and felt that the use was not ... character with the neighborhood and therefore he was against the request. Bellows noted that a proposed studio of 1000 s.f. would be larger than the principal residence. She also noted that given the location of the principal residence aid type of business, she felt that a detached structure would probably be more suitable. Chairman Kelley stated that if a studio were added onto the residence, it should be to the back of the house. Due to the time limit involved in purchasing the property, applicant requested that Planning Commission act on the request as submitted rather than table for further review. There were no other comments from the public and the public hearing was closed. 15 MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 21, 1986 #1055 BRAGG continued It was moved by Chairman Kelley, seconded by Callahan, to recommend denial of the application as proposed stating they can not approve an addition without plans. Motion, Ayes 5, Nays 0. APPROVAL OF MINUTES It was moved by Callahan, seconded by Goetten, to approve the Minutes of the June 16, 1986 Planning Commission meeting as submitted. Motion, Ayes 5, Nay^ 0. PLANNING COMMISSION REPRESENTATIVE Paul Taylor was appointed to attend the August 11, 1986 Council meeting. It was moved by Chiirman Kelley, seconded b1 1 owe, to adjourn the Planning Commission meeting at 17-47 P.M. Motion, Ayes 5, Nays 0. 16 South Lakr Minnetonka Public Safety Department 113 OAK STREET EXCELSIOR.-MINNESOTA 553313095 RICHARD A. YOUNG 1612) 04-326t CAHf i July 31, 1986 Chief Mel Kilbo Orono Police Department PO Box 86 Crystal Bay, MN 55323 Dear Chief Kilbo, On July 29, 1986, our department advised Officer Kurt Erick- son of the Orono Police Department, the description of a watercraft valued at $125,000, that had been stolen from Excelsior Bay sometime during the night. In response to our description, Officer Erickson proceeded to check areas of ,�ur jurisQiction for the boat. While checking the area of Lord Fletchers Restaurant, he observe, the stolen boat in the channel with two suspects in it. Further, they were trying to start the boat. He-approzched them, and,uti_izing communication skills developed through his experience as a police officer, was able to convince the suspects to grab a rope he had thrown to them and pull them to the dock. He then took the suspects into custody and kept them separated until they could be transported to our station. The suspects eventually confessed to the crime. I would like to thank your department, particularly Officer Erickson, for his assistance in the apprehension of the suspects and the recovery of the stolen watercraft. Officer Erickson handled the matter in a very professional manner. S �el CHIEF RICHARD . Y UNG O Svrv,rV Sourh IAA, Mrnmfonkl CommunlfH of E,<ehrw, G,rcnwoad, SAo,ewood" TOM' &W II FBI 0fe rta•ar�> Pok 11 / i I 1 XCf�C•_Bi�CS Brows • .-—�lel0•yeN l wjy}c;,"4s \ i / a710 SeiSTs IG"O/c / low, ••�'.. _ - .._moat aslo acnma\--- _ I !ttt si Ste 21 ro w VRR� WIMA N+erK Mnw ICfO�I1anci � VIIII� I 1,9 3 IL'0a�ci I