The URL can be used to link to this page

Home My WebLink About10-13-1986 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY OCTOBER 13, 1986, 7:09 P.M. (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item*� agenda. Discussion will be held upon request. G� Uig-yj i� ROLL CALL GOT 13 1986 1. CONSENT AGENDA' la. HEARING pV�, l6�� p{Vi 7:30 PUBLIC P.M. - CONSIDER EXTENDING HIC90 1 MORATORIUM 2. Introduction of Police Lieutenants Cheswick and Erickson Oath of Office - Trudy Kunkel APPROVAL OF MINUTES * 3. Regular Meeting of September 22, 1986 PLANNING COMMISSION COMMENTS - J. Diann Goetten Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT * 4. #1033 Royal Dossett, 2795 Pheasant Road - Variance - Final Resolution Draft * 5. #1039 William J. Ulrich, 1595 Bohns Point Road - Conditional Use Permit/Variance (Tabled to 11/24/86) * 6. #1064 City of Orono, Spates Avenue Lift Station - Conditional Use Permit - Table Until October 27, 1936 7. #1059 Mar73ret Bjork, 2259 Shadywoo6 Riad - Conditional Use Permit 8. #1065 Lariy Martineas, 4360 Chippewa Lane - Variance - Resolution 9. #1066 Ann L. Carson, l-,017 North Arm Drive - Variance - Resolution 10. #1067 Herbert T. Olson, 3640 Bayside Road - Variance - Resolution 11. #1068 Dr. Glen Nelson, 500 Tonkawa Road - Variance - Resolution 12. #1069 Jim Williams, 2725 Ethel Avenue - Variance - Resolution 13. #1072 Fred Winston, 755 Spring Hill Road - Variance - Resolution 14. #1073 James Deanovic, 2050 Shoreline Drive - Conditional Use Permit - Resolution 15. #1075 Joseph Durda, 3135 North Shore Drive - Variance - Resolution 16. #1077 :.ngeborg Cici, 875 Wayzata Boulevard - Variance to Moratorium ENGINEER'S REPORT *17. Payment #7 Wm. Mueller & Sons - Willow Dr/Old Crystal Bay Rd Overlay MAYOR'S REPORT CABLE TV REPORT CITY ADMINISTRATOR'S REPORT 18. Carlson/Stebbins Request for Municipal Sewer 19. Townline Road Petition *20. Farilities Study - Consultant Analysis 21. Bow and Arrow Hunting - Ordinance 22. Medina Police Services 23. Highway 12 Meeting - November 12, 1986 *24. Crystal Bay Refunds *25. Deputy Finance Director's Replacement *26. Animal Control Contract (Table to October 27, 1986 27. Howar,] Hull, 2445 Woodhaven Drive - Resolution of Denial AGENDA FOR COUNCIL MEETING SET FOR MONDAY OCTOBER 13, 1986, 7:00 P.N. CITY ADMINISTRATOR'S REPORT Continued 28. CDBG Year XII Funds Allocation 29. 1986 Auditor Appointment 30. 3536 Lyric Avenue - hazardous Building Proceedings - Resolution *31. Administrator's Information Liability - Hull County #19 Speed Request Ulrich - DNR Permit Status Crystal Bay Sewer County #15 Status Administrator Goal Setting Status 1987 Final Budget Document Chapman Riparian Easement CITY ATTORNEY'S REPORT LICENSES (32*) BILLS (33*) ADJOURNMENT rlq To: Mary Butler, Mayor :1' .; ,' Mark E. Bernhardson, City Administrator Orono Council Members �-C T From: Jeanne A. Mabusth, Zoning Administrator �,jj•�� Date: October 13, 1986 Subject: Request to extend Limited Development Ordinance - Public Hearing - 7:30 p.m. Ordinance 13, Second Series, the Limited Development Ordinance expired on October 7, 1986. Staff requests that Council adopt a second ordinance extending the moratorium for a period of six months. It is hoped that by April 1987, all special studies involving the Highway 12 Corridor will be completed. PROPOSED MOTION: Moved by , Seconded by , to approve the 6 month extension of the Limited Development Ordinance, effective through April 1987, and to direct staff to prepare the appropriate ordinance for formal action and publication. CITY OF OHONO The ur Council wig hater a public baring in Affidavit of Publication the Council Chamber at 1276 South Brown Road on Monday. October 13, 1 ON. al 7 30 p.fn, to consider extending Ordinance 13. Se- cond smiles. an ordk,anon that has united de- State of Minnesota. County of Hennepin. vebprrient within a defined study was sdiacent to Highway 12 for the past year durig the peri- od of the city, comprehensive Planning study. Bill Holm, being duly sworn, on oath says that he is The boundaries in of the studympan ereb the des opd- an authorized agent and employee of the publisher on an official map accompanied by the +ipprepri• ate legal description both avaYablt for review at of the newspaper known as THE I AKER, Mound, Min - the City offices at 13M south Brown Road. nesota, and has full knowledge of the facts which are The approximate study ant includes the fol• 9 fowling properties ad)acent to Highway 12: stated below: a) undeveloped propertMe on north sift of Highway 12 bordered an the east by Brown Road North, on the north and weat by county A.) The newspaper has complied with all the re - Road 6 or Sixth Avenue North. b) ProWws on mouth side of Highway 12 quirements constituting qualifications as a qualified bordered on the east by the City of Long Lakes newspaper, as provided by Minnesota Statute Industrial Park, on the south by the Burlington Northern Railway and on the west al the inter- 331 A.02, 331 A.07, and other applicable laws, as section of Stubbs Bay Road and Highway 12. amended. c) Prop irtles to the Imm date east of the in- tarsectbn of Highway 12 and the Luce Line Trail can, sting of approxinalely 20 acres of area / AN persons wishing to be heard will appear at B.) The printed this tuft. Written comments are solicited. owm,c make an appointment with stall to review ne plans Div of Orono which is attached was cut from the columns of said By city Council Jeanne A. Mabusih. newspaper, and was printed and published once each Budding A Zoning Administrator week for __successive weeks: (Published in The Laker and Pioneer Sept 23 and Sept 30. 1988) It was first published Tuesday. the . 23_ day of -- !23sZ' -- - 19 4% , and was thereafter printed and published every Tuesday, to and includinnTuesday, the�V f r -------. day o _ - 19 , Authorized Agent Su_)scrit ed and sworn to me on this 3 day of 1/1 19 FC, By L�t� Notary Public K Rate Information 11) L ow e 0 classified rate paid by comnhercial uses for comparable space $ 7 84 per inch (2) Maximum rate allowed by law for above natter $4 54 per inch. 13) Rate ectu,hlly charged for above matter $4 54 per inch Lech additional successive week $J 03 per mch ® International Tours® of Long Lake October 10, 1986 21W west Wayzata Blvd. • Long Lake, MN 55356 • (612) 476-1714 Mayor Butler & Orono City Council City of Orono P.O. Box 66 Crystal Bay, MN 55323 Re: Signage, Highway 12 International Tours Orono Shopping Center Dear Mayor Butler & City Council: In conversation with Jean of your planning and zoning department. I was informed that a new sign ordinance will probably not be ready until Spring 87. When Mr. Bill Wear and myself petitioned the council in April, we were told the council would be able to act in the Fall. It is now Fall. I am losing money. I need signage to identify my location. The temporary sign is not doing it. I feel like a pawn in a game between the Council and the Orono Shopping Center. I ain totally frustrated. Surely you have a rough idea of the proposed ordinance. Forgetting my time and temperature proposal. What of a simple pole sign? I would like to appear to discuss further. Please advise. Sincerely, Jerry Rowlette JR/pk traveling? we're )a Ronald J. Ohmann, M.D. 2160 Wayzata 3ouieuard, Long Lake. ,Minnesota �3�0 Octob,Nr 13, 10#86 To: Orono City Council We have been in the Orono Shopping Center for nearly six years and have had a continuous problem with professional visibility on Highway 12. Our clinic, located on the ear* aside of the building, can not be directly seen from the highway. We ask for your cooperation in allowing a sign to better highlight our clinic in serving the Orono - Long Lake Communities. Sincere , Ronald J. M.D. ��, I--kkti- /':1, " -iy` Z_ 4L ram'"`' �i't-�l �jC� •-C.t�.�-st-I�. �-C� � �'7 st.�� ✓✓✓Q-��.c-lG`t-�c.�L.. d-� �P� 7 .7 ,-I 7 Is—C 4-) Q 4a?J Zed xf�� •✓/ _ ._ K7Lf�ItLe7 1..", JV. t f// /cam L.l -< c� C . a 1 •3-c 'f.-l�� Cl i- it OL'T i 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD'S'EPTElN3 01P 1986 ATTENDANCE 7:05 P.M. The Orono Council met on the above date with the following members present: Acting Mayor Adams, Councilmember Frahm and Callahan. Mayor Butler was absent. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth, and City Recorder Peterson. City Attorney Barrett was also present. Councilmember Grabek arrived at 7:15 following approval of the Federal Revenue Sharing Funds, Consent Agenda, and Park Commission request. FEDERAL REVENUE SHARING FUNDS PUBLIC HEARING 7:05-7:06 P.M. The affidavit of Publication was noted. CONSENT AGENDA* City Administrator Bernhardson explained the purpose of th-- public hearing was to consider the proposed uses of approximately $30,000 of possible Federal Revenue Sharing monies for Police Department Personal Services port within the General Fund estimated budget of $4,328,890. There were no comments from the public regarding this matter. It was moved t- Acting Mayor Adams, seconded by Councilmember. Frahm, to close the public hearing. Motion, Ayes 3, Nays 0. It was moved by Councilmember Callahan, secn nded by Councilmember Frahm, to approve use of any Revenue Sharing Monies received in 1987 for police personal services support. Motion, Ayes 3, Nays 0. It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to approve the Consent Agenda* subject to removal of: #5 - #1004 William J. Ulrich #6 - #1022 Charles Schall Motion, Ayes 3, Nays 0. APPROVAL OF MINUTES* It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to approve the Minutes of the September 8, 1986 Regular Council meetinq as submitted. Motion, Ayes 3, Nays 0. 1 MINUTES OP THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 22, 1986 PARR COMMISSION COMMENTS SKATING RINK REQUEST City Administrator 13ernhardson noted that Park Commission Chairman Terry Morse was unable to attend and Public Works Coordinator Gerhardson was absent due to illness. • City Administrator Bernhardson explained that the City received a petition requesting a recreational ice skating rink at Hackberry Park. Park Commission reviewed the requests and recommends that Council direct staff and the engineer to develop costs for construction of a skating rink and the installation of a well at Hackberry Park, costs of which should not exceed $1,600 paid from the Park Dedication Fund. He noted that once the costs have been oresentPrl, reviewed and determined to be feasible, the nark Commission would conduct a public hearinc; nn this matter. Council stated that they were in favor of a skating rink at Hackberry Park, but felt a formal study costing $1,600 was not entirely necessary. It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to authu!i-e the expenditure of up to $200 for estimate costs of a skating rink at Hackberry Park. Motion, Ayes 3, Nays 0. LAKE MINNBTONKA COASERVATION DISTRICT REPORT LMCD Representative JoEllen Hurr was present. She reviewed the agenda topics to be discussed at the next LMCD meeting some of which are: -slip size amendment vs. watercraft availability units. 1 unit = slip up to 16', 1-1/2 units = 16'- 24', 2 units = 24'-32', and up to 4 units if slip is over 48' in length. -no new de-icing permits issued and no new permits issued for permanent docks because they usually require de-icing systems -regulation of sea planes ar,d ultra lights due to noise complaints -charter boat registration Hurr noted that the LMCD went on a boat tour with the Hennepin Park District looking for potential locations for a park on Lake Minnetonka and found there may be some possibilities in 7o.-.e 5. MINUTES OF TUB RE.;ULAR ORONO COUNCIL MEETING BELT) SEPTEMBER 22, 1986 METROPOLITAN WASTE CONTROL COMMISSION REPORT As the MWCC representative also, JoEllen Hurr informed the Council that a meeting will be held reqarding SAC charges which will be increasing to $525. She stated that they will be considering charging the fee to only those who can immediately connect to sewer and also a method of refunding to those who were unfairly charged. She noted that the refunding issue would be determined through each cities own discretion. PUBLIC COMMENTS Acting Mayor Adams stated that discontinuation of charging a SAC unit to people who would not be able to hou.: up to sewer in a year would be a great benefit to many in Orono. There were no comments from the public. ZONING ADMINISTRATOR'S REPORT: #1002 CHARLZS SCHALL 605 PARR LANE VARIANCE RESOLUTION #2047 Charles and Marilyn Schall were present for this matter. City Administrator Bernha_dson stated the the final resolution is presented for review and approval incorporating the additional findings of fact per Council's 4-1 vote to approve the variance request with appropriate limitations for construction of a garage and bedroom (above the garage) addition with various height limitations. Acting Mayor Adams stated that he did not agree with Finding 3(D) "The Orono Zoning Code grants no specific view or sunlight rights to the neighboring property owners as regards the street yard of their property", he did not feel that statement was totally accurate and should be eliminated from the resolution. In reference to this same issue, he recommended amending Finding 10 to reflect same. It was moved by Acting Mayor Adams, secon by Councilmember Grabek, to adopt Resolution #2uµ7 as amended granting the variance. Motion, Ayes 3, Nays I. Councilmember Frahm voted nay. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 22, 1986 #1004 WILLIAM J. ULRICH 1535 6 1595 BOHNS POINT ROAD FINAL SUBDIVISION RESOLUTION #2046 This matter was takf off the consent agenda so that both the Ulrich appl ations could be reviewed together. Present for this matter were: Gregory T. Halbert, John Noble, Clifford Reep, and Neil K. Johnson. It was moved by Councilmember Frahm, seconded by Acting Mayor Adams, to adopt Resolution #2046 approving the Plat of Beth and Bridget. Motion, Ayes 4, Nays 0. #1039 WILLIAM J. ULRICH 1595 BOHNS POINT ROAD CONDITIONAL USE PERMIT/VARIANCE Present for this matter were: Gregory T. Halbert, John Noble, Clifford Reep, and Neil K. Johnson. City Administrator Bernhardson explained the request for a conditional use permit and variance was to install an underground pipe within the lakeshore protected area for tre purpose of tr--•s{ .,rting waters used in a geothermal heating/cooling ..tem to the lake. He noted the letter, included in the Council's packet, containing comments from Dr. Hanson of the Freshwater Biological Foundation in addition to names of other hydrologists and geologists contacted by staff for this review. City Administrator Bernhardson noted a pertinent issue is that the D1R governs the issuance of permits relating to this application. DNR should send the City a copy of the permit giving the City 30 days from the date of receipt to a -)eal, permit has not been receive by City staff. Staff recommends that the City reque..c.the DNR to repeat the permit process with appropriate notification if this is a concern of the Council. Attorney Halbert stated that the letter from Attorney Humphrey summarizes that the criteria within the zoning code has been met and hardship has been demonstrated in order to grant tl , variance, noting no adverse effects have been shown. t-ounci lmember Callahan requested that Mr. Halbert note the proven hardships. Mr. Halbert stated that discharge into the lake via the lagoon will have the least envit:onmental impact as opposed to discharge into the wetland area. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 22, 1986 #1039 ULRICH CONTINUED City Administrator Bernhardson clarified that the issue before the Council is the installation of the pipe within the lakeshore property, not the discharge of the water. Councilmember Grabek asked if any other sources of heating/cooling systems were considered for this house. John Noble stated that they plan a back-up of natural gas included in the geothermal system. Councilmember Grabek stated that he feels the City has been put in a bad position. He stated that he believed the City informed this applicant from the very beginning that they had great concerns regarding the discharge of water into the lake. He noted that a c roversy has developed with the negative concerns coni-ained in Dr. Hanson's letter. He recommends halting this project at this time and take extra steps to eliminate the concerns with the discharge. Councilmember Callahan noted that a complete plan has never been submitted by applicant as requested many times by the Planning Commission. Councilmember Grabek asked Acting Mayor Adams to find out the options available to '-:gally put a hold on the project, obtain additional information regarding the detriment to the lake, and further recommends that this matter be handled through the City's and applicant's attorneys. Attorney Barrett stated that statute provides two things regarding the notice 1) when application is made, the landowner is to provide proof of notice to the Mayor of the City; 2) if application is granted, notice should be served upon the Mayor of the City wherefore the City has 30 days to respond. Therefore, an option available to the City would be to insist that the DNR follow the legal process by providing the City with copies of the permit and excercise the 30 day allowance to determine whether or not the permit has been properly issued. He stated that the questions considered in the proper issuance of such permits (which are noted in the statute) are: 1) Look at changes in water and related land resources anticipated. 2) Look at unavoidable but anticipated detrimental effects. 3) Look at alternatives to the action proposed on the permit. r. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 22, 1986 #1039 ULRICH CONTINUED It was moved by Councilmember Grabek, seconded by Councilmember Callahan, to take the course of action outlined above by Attorney Barrett. Motion, Ayes 4, Nays 0. Attorney Halbert noted that the instructions within the DNR permit application state that the DNR will notify the Mayor of the application, clarifying the fact that the applicant was not the party that failed to follow correct procedure. It was moved by Councilmember Callahan, seconded by Acting Mayor Adams, to table this matter pending the outcome of the DNR permit. Motion, Ayes 4, Nays 0. #1046 DOUGLAS J. ZUMBUSCH* 1535 LONG LAKE BOULEVARD CONDITIONAL USE PERMIT/VARIANCE AMENDED RESOLUTION #2036 It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to approve the revised Conditional Use Permit/Variance Resolution #2036 to include additional findings and conditions for denial of the patio as drafted. Motion, Ayes 3, Nays 0. #1059 MARGARET SJORK 2259 SHADYNOOD ROAD CONDITIONAL USE PERMIT RESOLUTION Per applicant's request, it was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to table this application until the October 13, 1986 Council meeting. Motion, Ayes 4, Nays 0. 1064 CITY OF ORONO* SPATES AVZHUE LIFT STATION CONDITIONAL USE PERMIT RESOLUTION It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to table this matter per staff recommendation until the October 13, 1986 Council meeting. '•;otion, Ayes 3, Nays 0. #1071 COLIN BELLY i LOMA SHAUGHNESSY 95 SOUTH BROWN ROAD VARIANCE RESOLUTION #2048 Colin Kelly Shaughnessy was present for this matter. City Administrator Bernhardson explained the request for front and rear setback variances in order to construct a house in a manner that would fit the topography better. MIWITES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 22, 1986 #1071 SHAUGHNESSY CONTINUED It was moved by Councilmember Grabek, seconded by Acting Mayor Adams, to adopt Resolution #2048 approving the variances contingent upon obtaining a written statement of concurrence from Otto Heinz, the adjacent property owner to the north. Motionn, Ayes 4, Nays 0. MAYOR'S REPORT: PARK COMMISSION CHAIRPERSON It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to appoint Terry Morse as Park Commission chairperson for the balance of 1986 and the year 1987. Motion, Ayes 4, Nays 0. CABLE TV REPORT: There was no Cable TV Report. CITY ADMINISTRATOR'S REPORT: WIC' 'JRD HULL - 'kn, ,,;1BST FOR MUNICIPAL SEVER SERVICE City Admini�;,.;rator Bernhardson explained the request from Howard ►+i 11 for sewer hook-up to municipal service. He noted the letter of request from Mr. Hull along with Assistant Zoning Administrator Gaffron's analysis of the problem which was included in Council's packet for review. Staff recommends denial of this request because of the availability of a mound system on this property and Council review of past requests, the comprehensive plan criteria, and other action taken by Council. Bill and Marion Hull, 2445 Woodhaven Drive, were present for this matter. Mr. Hull noted a number of unusual circumstances which he felt the Council should consider. He feels that the City should bear some responsibility due to the irregularities and violations that occurred. He explained that he presently has a homE tiat cannot be refinanced, sold, or left unattended, I he can not afford the extensive repair work require, for a workable septic system. City Administrator Bernhardson noted that the connection charge of approximately $9,000, if he were allowed to hook-up, is much higher than the repair of the septic system and also that a hook-up charge is not normally a spread assessment. Mr. Hull stated that during early discussions with staff that hook-up charge was estimated approximately $1,000 and he felt that the connection charge could be negotiated. MINUTES OF THE REG1''J:r-�2 ORONO COUNCIL MEETING HELD SEPTEMBER 22, 1986 HULL REQUEST CONTINUED Acting Mayor Adams stated that there are numer(,.jua problems in setting a precedent by allowing him to hook- up noting that even if the City is willing to overcome these problems and approve the connection, the connection charge would be more than the cost of repair. It was moved by Councilmember Grabek, seconded by Councilmember Callahan, to deny the request for sewer service to the property at 2445 Woodhaven Drive. Further the Council directs staff to prepare a resolution of denial for the property to be considered at its October 13, 1986 Council meeting. Motion, Ayes 4, Nays 0. Council directed staff to research alternative means to assist applicant with the problem. BIG ISLAND BOARD OF GOVERNORS City Administrator Bernhardson explained that at the August 22, 1986 meeting the Big Island Board of Governors presented a number of issues and concerns. Staff has prepared a memo regarding these issues included in Council's packet. Joe Backes, an appointee from the American Legion to Board of Governors, was present, however, no other representatives from the Board of Governors were present. It was moved by Councilmember Grabek, seconded by Acting Mayor Adams, to table this matter in order for the Board of Governors to review the staff memo and be present to respond. Motion, Ayes 4, Nays 0. CRYSTAL BAY ASSESSMENTS Gary Printup and LaDean McWilliams were present for this matter. City Administrator Bernhardson explained the revised Crystal Bay assessment spread. It was moved by Councilmember Grabek, seconded by Acting Mayor Adams, to accept staff's recommendation for respread per the City Court order once that is finalized as outlined in memo dated September 15, 1986. Motion, Ayes 4, Nays 0. STRATEGIC PLANNING MEETING OCTOBER 6, 1986 - 7:00 P.M. City Administrator Bernhardson reminded the Council of the Strategic Planning Meeting scheduled on October 6, 1986 at 7:00 P.M. 0 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 22, 1986 1987 BUDGET APPROVAL AND LEVY CERTIFICATION RESOLUTIONS #2049 i #2050 It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to establish the 1987 budget and tax levy of $1,206,520 for the general fund and $40,000 for the 1985 sewer bond fund as outlined in: -Resolution #2049 Providing for the Levy of Taxes due to Special Assessments appealed and reduced through Court appointed arbitration. -Resolution #2050 Approving the 1986 Tax Levy collectible in Budget Year 1987. Motion, Ayes 4, Nays 0. REQUEST FOR CONSULTANT ANALYSIS - FACILITIES STUDY As discussed at the September 17th budget meeting, City Administrator Bernhardson stated that the request was made to engage the consulting engineer to spend up to $8,000 in analyzing current buildings regarding structural ability, rehabilitation and code compliance together with a program analysis process of space needs based on existing needs and projected future needs. Staff recommends that the spacing needs be reviewed first which would require approximately $3,500 of the $8,000 amount. Acting Mayor Adams made the following points: 1) the word "assessment" not be used when referencing the facilities study. 2) would like a specific proposal of the work to be done by the consultant before approval of the requested amount. Council concurred with Acting Mayor Adams' comments and authorized staff to proceed in that direction. Jerry Wheeler asked for clarification on the direction given to staff by Council, which Acting Mayor Adams did. BOW AND ARROW/GAME HUNTING ORDINANCE City Administrator Bernhardson reported that the City has received a request to allow hunting of deer on private property to remove an "apparent nuisance". Orono's ordinance specifically prohibits game hunting and bow and arrow use entirely except for instructional programs. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 22, 1986 BOW AND ARROW/GAME HUNTING ORDINANCE CONTINUED Stan Lemmerman was present for this matter and stated that he was the applicant in this matter. He stated that bow & arrow hunting is safer than gun because of the limited distance involved. He noted metro hunt concerns with deer control. He stated that he does not plan a business practice of hunting on private property, but he does it for sport and enjoyment. • Council concurred with the need to control the deer problem, however felt more review was needed and should contact other agencies such as the DNR. it was moved by Councilmember Grabek, seconded by Acting Mayor Adams, to table this matter for further review. Motion, Ayes 4, Nays 0. BALDUR PARK ROAD City Administrator Bernhardson explained that this request was considered and denied by Council at their August 11, 1986 meeting, however, the applicant, Ginny Keesling, was unable to be present at that meeting. Applicant has requested to address the Council on this matter for reconsideration. City Administrator Bernhardson submitted a drawing indicating the shoreline and its relation to Baldur Park Road and the City sewer line for Council to review. Ginny Keesling, 1384 Baldur Park Road, was present for this matter. She stated that Orono owns the shoreline right-of-way which is eroding to the point of which she feels it will not last through the winter. She noted that during a recent power outage, NSP was very wary of bringing their trucks down this road. She stated that when this was first brought to the Council, she had a $4,000 bid which probably will expire soon. She stated that they are losing the road, part of which the City owns, therefore, the City should repair and assess the property owners. City Administrator Bernhardson stated that per the drawing, the closest point of sewer line to shoreline is 13', which staff finds is not an appreciable concern. He noted that the private road has been moved as the shoreline moves. He stated an alternative would be to hole; a public hearing and declare it a public protect to protect the shoreline and assess the property owners. Acting Mayor Adams stated the process usually taken within a subdivision with a private road is the property owners get together to have the work done eliminating the need to involve the city. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 22, 1986 BALDUR PARK ROAD CONTINUED Ms. Keesling stated that the City should be involved because the City owns the right-of-way. . Councilmember Grabek stated that the City should not get involved with a private road situation noting that the City's concerns are with the protection of the sewer line only. Ms. Keesling noted that the City uses the private road for a turnaround and feels that the City should give her the deed to the portion they own if they do not want to help maintain it. City Administrator Bernhardson stated that he will instruct the city road crew to not utilize the road and also explore deeding the property to Ms. Keesling with the appropriate easement rights. It was moved by Councilmember Grabek, seconded by Acting Mayor Adams, to accept staff recommendation not to participate in the funding of the rip -rapping of this property. Motion, Ayes 4, Nays 0. POLLING PLACE DESIGNATION* RESOLUTION #2051 It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to redesignate the Precinct #4 Polling Place per Resolution #2051 as necessitated by the needs of the school district. Motion, Ayes 3, Nays 0. POLICE OFFICER HIRING* It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to give the Administrator authority to hire Trudy Kunkel, provided she passes at a satisfactory level the appropriate physiological, medical, and stress tests for hiring effective October 15, 1986. Motion, Ayes 3, Nays 0. DELINQUENT FALSE ALARM FEES* RESOLUTION #2052 It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to adopt Resolution #2052 providing for collection of 1986 Delinquent alarm user fees. Motion, Ayes 3, Nays 0. DELINQUENT SEWER/WATER ACCOUNTS* RESOLUTION #2053 It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to adopt Resolution # 053 providing for the collection of delinquent 1986 sewer and water utility service charges. Motion, Ayes 3, Nays 0. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 22, 1986 DELINQUENT SEPTIC INSPECTION ACCOUNTS* RESOLUTION #2054 It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to adopt Resolution #2054 providing for the collection of delinquent 1986 annual service charges f the on -site sewage treatment inspection program. motion, Ayes 3, Nays 0. APPOINTMENT OF ELECTION JUDGES FOR GENERAL ELECTION* RESOLUTION #2055 It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to adopt Resolution #2055 appointing election judges for the General election to be held on November 4, 1986. Motion, Ayes 3, Nays 0. POLICE SUPERVISORY APPOINTMENT* It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, that the Orono Council approves the City Administrator's recommendation appointing Gary Cheswick and Kurt Erickson to the newly established position of Lieutenant, deleting the positions of Sergeant and Assistant Chief. The promotions are effective October 1, 1986 at a salary level of $2896.00 per month. Motion, Ayes 3, Nays 0. PRIMARY ELECTION RESULTS* It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to acknowledge the information and results of the September 9, 1986 primary election as presented by staff. Motion, Ayes 3, Nays 0. FALL CLEANUP - OCTOBER 128, 1986* It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to accept October 18, 1986 as the fall clean-up day for the City of Orono and direct appropriate notice be given to residents. Motion, Ayes 3, Nays 0. ADNINISTRA:`OR'S INFORMATION* It was moved by Acting Mayor A(' s, seconded by Councilmember Frahm, to accept c _y Administrator Bernhardson's Information report regarding: Hennepin County Recycling Ordinance, 3536 Lyric Avenue, and Medina Police Services. Motion, Ayes 3, Nays 0. FWBI ASSESSMENT* RESOLUTION #2056 It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to adopt Resolution #2056 amending sanitary sewer special assessments on Freshwater Biological Institute Foundation for principal amounts previously paid. Motion, Ayes 3, Nays 0. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING KkF SEPTEMBER 22, 1986 CITY ATTORNEY'S REPORT: City Attorney Barrett requested the Council enter into Executive session at this time. LICENSBS* BILLS* It was moved by Councilmember Grabek, seconded by Acting Mayor Adams, to enter into Executive session at 8:37 P.M. Motion, Ayes 4, Nays 0. It was moved by Acting Mayor Adams, seconded by Coincilmember Frahm, to approve the following license: Trapping Permit - Douglas M. Head 2090 Shoreline Drive Motion, Ayes 3, Nays 0. It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to approve payment of the All Funds Accounts. Motion, Ayes 3, Nays 0. ADJOURNMENT 8:45 P.M. It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to adjourn the regular Council meeting at 8:45 P.M. Motion, Ayes 4, Nays 0. ATTEST: Doroth; M. Hallin, City Clerk Tim Adams, Acting Mayor 13 o C i CONSENT AGENDA C I T Y OF OR NO To: Orono Council Members From: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: September 24, 1986 Subject: #1033 Royal J. Dossett, 2795 Pheasant Road - Variance - Final Resolution Draft List of Exhibits Exhibit A - Final Resolution Draft Exhibit B - Minutes 8/14/86 This is the final draft of a resolution approving variances for Royal Dossett per Council's direction of 8/14/86. The revisions consist of the addition of the last paragraph on Page 2. Cif y of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 i 2 AND SECTION 10.55, SUBDIVISION 8 FILE #1033 WHEREAS, Royal J. Dossett (hereinafter "the applicant") is the owner of the property located at 2795 Pheasant Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 11, Block 1, Pheasant Lawn, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 and 2 to permit the construction of a screen porch, deck, and patio which constitue structure in the 0-75 foot lakeshore setback zone where no structure is normally allowed, and increasing hardcover in the 0-75' setback zone from 1% to 5.5% where no hardcover is normally allowed, and increasing hardcover in the 75-250' setback zone from 26.4% to 27.2% where only 25% hardcover is normally allowed, and which will extend closer to the lake t' an the average distance to the lake of the adjacent properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1033. 2. The property is located in the I,R-lB Single Family Lakeshore Residential Zoning District. 3. The Or Planning Commission reviewed this application on May 19, 11_ and recommended partial_ approval of the proposed variances ed upon the following r-ndings: A) The screen porch as proposed will not encroach on any views enjoyed by the neighboring property owners. The neighboring property owners have expressed their support for the proposa 1 B) The majority of the drainage from the existing house runs away from the lake and onto the 75-250' setback zone. If applicant maintains a gutter system directing roof drainage to the 75-21,0' setback zone, the only runoff moving directly toward the lake will be that generated in the 0-75' setback zone. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. a'1C) The screen porch and a portion of the patio are 'reasonable to allow the applicant enjoyment of his lakeshore yard, but the sidewalk and small deck near the west entry door area is unnecessary and not justified. 4. Applicant's hardship is the location of the existing house which was constructed prior to the 75 foot setback requirement. 5. The City Counci.. has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or lifficulty; is necessary to preL rve a substantial property tight of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above. findings, the Orono City Council hereby grants variances, as amended herein, to the Municipal Zoning Code Section 10.22, Subdivision 1 to permit the construction of a screen porch located 65' from the lakeshore -here 75' setback is normally required, and which screen perch is cited closer to the shoreline than the average distance fom the shoreline o' the adjacent residences; and grants variances to Sections 10.22, Subdivision 2 and 10.53, Subdivision 8 �.o allow an increase in hardcover from 1% to 4.4% and allow structure within the 0-75' lakeshore setback zone, and to allow an increase in hardcover in the 75-250' lakeshore setback zone from 26.4% to 26.7%, subject to the following conditions: 1. Hardcover permitted in the 0-75 100 s.f. - stairway to lake 100 s.f. - 101x10' portion of 280 s.f. - patio and deck of o screen porch and foot setback is lin'ced to: screen porch approximately 10'x28' adjacent parallel to house 480 s.f. TOTAL of 4.4% hardcover, as shown an Exhibit A attached The 280 s.f. patio/deck area sha 1 1 be constructed such that th deck will allow direct in-ltration of rainfall i.e. deck boards 4"-8" in width. Board width/spacing width ratio no greater than ._:1, no plastic or other hardcover under deck. The deck may not be enclosed or altered to become impervious without Council appro%_l. All roof d►•inage from the screen porch shall be directed to the street side of th, house, away from the lakeshore. 71 . '9 _. F A 2. Hardcover follows: House Driveway Shed Patio/Deck West Entry City of ORONO RESOLUTION OF THE CITY COUNCIL NO. permitted in the 75-250' setback zone is as 2,075 s.f 3,880 s. 501 s.. 60 s.f. Steps 32 s.f. 6,548 s.f. or 26.7% Hardcover, as shown on Exhibit A attached. 3. Applicant is advised th.., -ny future proposed additions which result in increased hardcover on the property will not be approved, and might be approved only with concurrent removals of existir hardcover resulting in no net increase in hardcover. 4. Applicant shall provide verification, certified by a surveyor, of the existing lakeshore setback of the existing house and of the hardcover percentages on the property, prior to the issuance of a building permit. 5. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by applica ion for a building permit within one year of the date of Council approval, or this variance will expire on that date (July 14, 1987). 6. Violation of or non-complir,ice with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood aL, 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. Approved per the above conditions by the Orono City Council by a vote of 3 ayes and 2 nays at a regular meeting held July 14, 1986. Adopted by the Orono City Council on this 13th day of October, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Property Owner(s) ■ ��Y`Yr+i Y� ,I.. . I YC7M OCT i 3 1Q86 To: Mary Butler, Mayor �e4 Mark L. Bernhardson, City Administrator a" Orono Council Members From: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: October 2, 1986 Subject: #1064 City of Orono - Spates Avenue - Conditional Use Permit For Lift Station At the request (attached) of Dan Crear, 1980 Spates Avenue, this application will be rescheduled for Council review on October 27, 1986. Mayor huti r Nark F. f ernhards— , C i t,y Orono Couric -- Fromt Dan Crear 1980 Spates Ave. Wayzata, Minnesota 55391 476-627o 4; 6-l.olo Dates September 36, 1966 i SEP 3 1� 1986 1 CITY OF ORGNO JU-� Administrator Subjects #1064 City of Orono, Spates Avenue - Conditional Use Permit for Lift Station On September.17, 1986 Michael P. Gaffron requested that the above item be tabled until Octot r 13, 1986. I tele- phoned the city and spoke with Jean :•.aebush who informed me that it would in fact be tabled until October 13, 19:-�. I am writing this memo since I will not be able to attend this meeting on October 13, 1986. I would very much like to be present and heard at any meeting relating to the above subject. I will be in town in October 27, 1986 if it is possible to reschedule the L-;eting until that date. If this is agreeable with you please inform me so that I can make plans to attend. Thank you for your time and consideration in this matter. 4 �h GCT 13 CTY.40 ZONING FILE NO. 10 9 V �� CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 9/26/86 ------------------------------------------------------------------ TO: Margaret Bjork COPIES TO: Ruthanne Lang 4177 Shoreline Drive 970 Forest Arms Lane Spring Park, MN 55384 Mound, MN 55364 Don Bjork 10 Rusten Lane Spring Valley, NY 10977 ----------------------------------------------------------------- TYPE OF APPLICATION: XX Conditional Use Permit ----------------------------------------------------------------- DATE OF METING: 9/22/86 VOTE: 4 For 2 Against COUNCIL ACTION - 140TION: To table application #1059 at your request until the Council meeting of 0—tober 13, 1986 when your representative, Mrs. Lange, will be able to attend the meeting. If you desire certified copies of the official Council minutes, they are available from the City Recorder after review and approval by the City Council. To: Mayor Butler Mark E. Bernhardson, City Administrator Orono Council Members Planning Commission Members From: Jeanne A. Mabusth, Zoning Administrator Date: August 13, 1986 Subject: #1059 Margaret Bjork, 2259 Shadywood Road - Conditional Use Permit - Public Hearing Pertinent Ordinances: 1. LR-1.0 - One Family Lakeshore Residential District Section 10.25, Subdivision 1, Subdivision 3 A Review purpose of district and permitted uses 2. Guest House/Apartment Section 10.20, Subdivision 3 (G) Conditional use permit required for guest apartment - review standards 3. Duplex Unit Section 10.20, Subdivision 3 (I) Conditional use permit required for duplex unit - review standards 4. Non-Confc •ming Uses Section lu.03, Subdivision 5 A through J Review sections for response to questions on proposed uses 5. Prohibitions Section 10.C3, Subdivision 4 Can the City issue building permits 'or this structure with current status? List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey , Exhibit E - Approved Building Envelope Exhibit F - Building Permit #3214 Exhibit G - Plans Approved With Building Permit #3214 Exhibit H - Renewal Permit #4304 Exhibit I - Telephone Mcssage of 11/17/81 Exhibit J - General Permit - hater Hook Up - 1 Connection Zoning File #1059 August 13, 1986 Page 2 Review of Application The current owner, Margaret Bjork, wishes to sell the subject property as she can no longer maintain the property given her age and health. She presently lives in a senior citizen's apartment in Spring Park. It is my understanding that Mrs. Bjork's former residence has been offered to a family for temporary non -rental use. Mrs. Bjork has asked the City to consider whether this structure can be used as 2 residential units (duplex) in light of the unique history of use of the property. In any case it is important for the City to make definite decisions on the use of the property in order to protect applicant and future owners. General Facts Zoning District - LR-lC A) Area Required Area = 21,780 s.f. Existing Area = Approximately 7,324 s.f. Area Variance = 14,456 s.f. or 66k B) width Required = 100' Existing = 100' at the rear of the front yard setback line 128.7 along street lot line C) Setbacks - Principal Structure Required Street/Front = 30' Existing = 1.4' encroachment in County Road right- of-way Variance = 30' or 100% Required Side = 10' Existing = 6' Variance = 4' or 40% D) Setbacks - Accessory Structure Required = 10' Existing = 2.8' Variance = 7.2' E) Assessment History 1963 - assessed 2 residential sewer units 1971 - assessed 2 residential water units F) History of ownership and Use 1. Prior to 1963 - A. Jalms, owner, mixed use grocery store and residential apartment 2nd floor. Zoning File #1059 August 13, 1986 Page 3 2. 1963-197b - W. Jungquist, owner, dry cleaning plant and residential apartment 2nd floor. 3. 1976 - to present - Margaret Bjork - residence and mother-in-law apartment 1st floor - no record of conditional use permit for non -rental apartment. Review of Uses Prior to 1963, the property served as both principal residence and grocery store. In 1963, the City assessed 2 residential sewer units against {_he property. Mr. Jungquist replaced grocery store use with a dry cleaning plant and maintained 2nd flour apartment as principal residence sometime in 1963 through 1976. In 1971, the City assessed 2 residential water units against the property. In 1976, Mrs. Bjork assumed ownership via a contract for deed. The address file for the property provided staff with additional information on the history of the property since 1976. Review Exhibits F, G & H. In 1'76, the commercial use did not exist anc 1980 repermitting confirmed that a commercial use still did not exist. Per Sections 10.03, Subdivision 5 A through J - a commercial use would not be allowed to be resumedwithin the structure. The permits and floor plans confirm that permits were: issued to convert commercial area of structure into a mother-in-law apartment. Note the permits state that apartment could not be used as rental apartment. A conditional use permit was not required in 1976 - Section 10.20, Subdivision 3 (G) requires a conditional use permit for guest apartments - the code has not been amended since 1976. The applicant's son has advised that at one time Mrs. Bjork attempted to sell the property as a duplex and the prospective buyer sued when advised by the City that structure was not considered a legal duplex. When the original permits were issued in 1.976 and once again in 1980 to the Bjorks, the City was advised that one of Mrs. Bjork's sons would reside in the second floor apartment with his family and Mrs. Bjork, because of her age, would reside in the first floor apartment. Neighbors have confirmed that Mrs. Bjork has resided in the apartment until her move to Spring Park. Staff has no information on the use of the second floor apartment from 1976 to present. Staff has had at least 2 contacts from prospective buyers, within the last few yt•ars, interested in the use of the structure as both a residence and space for home occupation. Unfortunately, the hose occupations did not satisfy standards for such use. Zoning File #1059 August 13, 1986 Page 4 Questioi.s that must be resolved for applicant prior to presenting property for public sale. 1. Does the property qualify for duplex credit? a) Adjacent to commercially used property (legal non- conforming use - upholstery shop) property is not adjacent to a commercial district as required in Section 10.20, Subdivision 3 (I). b) Duplex section does not establish reed for area or width standard but Section 10.03, Subdivisior. 4 would require that property meet all zoning standards to permit a change or intensification in use - property is substandard in area and cla bui ldin -- c) Does the fact that the property was assessed � water units and 2 sewer units have any bearing on thi-, Sssue? Assessments were based on existing uses - residential units because property was located in residential zone. d) Had the City made any commitments to applicant since acquisition of property that would suggest duplex use was a legal use for property? City has consistently advised applicant that converted commercial area to mother-in-law apartment was to remain non - rental. unit. City failed to ask for the necessary conditional use permit to allow the guest apartment - may have been deemed a le-s intense use of limited property than a commercial use - similar commercial use would have been allowed if one year had not lapsed since dry cleaning plant use ceased operation. e) Can you make the necessary findings that would support the position that would find the installation of the second residential unit in 1976 as a continuation of a non- conforming us,.:. Staff did not ask for a conditional use permit for the non -rental apartment nor for a conditional use permit to allow the continuation of a non -conforming use. Per Section 10.03, Subdivision 5 (A) the non- conforming use may not be changed to another non -conforming use. The new use would not have been approved. Prior to the 1967 Zoning Code there were no standards for non- conforming uses - the change in use from grocery store to dry cleaning plant required no zoning review. Staff had originally advised applicant's son that a review of the files and code may have supported this position but we can not make the necessary findings. Zoning File #1059 August 13, 1986 Page 5 If Planning Commission finds that property qualifies for duplex credit, you may consider the following findings: 1. Property was assessed for 2 residential sewer and 2 residential water units. 2. Second floor apartment area created prior to zoning and building standards (allowed mixed residential and commercial use). 3. Property has immediate access to County Road. 4. External appearances of house suggest single family residential use. 5. There is adequate room on site for off-street parking. If Planning Commission finds the property does not qualify for duplex credit, you may consider the following findings: 1. Property is not adjacent to commercial district but adjacent to a commercially used property considered a legal non -conforming use. The objective behind all zoning standards for non -conforming uses is that the use fade away and permitted and conforming uses within the specific zoning district be established. 2. The property is severely substandard - property lacks 14,456 s.f. of required area, house encroaches a d . �, e..n ,�.c. 3. Safety becomes (/even more of a concern with increased or intensifed use of property. Accesses to and from property increased. 4. Permits for guest apartment clearly advised applicant that unit could never be used for rental purposes. 5. Suct, use would be in conflict with the intent and purpose o_ the LR-IC Zoning District. other issues to be resolved concerning this property: 1. define an approved curb cut to property - seek Hennepin County Highway Department approval - open access to site must be discontinued - only one approved access to and from site; Zoning File #1059 August 13, 1986 Page 6 2. recommendation regarding mother-in-law apartment: Available Options a) approve conditional use permit alerting all future buyers as to the limitations on use of apartment and make such alterations to structure that would deny separate access to 2nd floor unit; b) ask that first floor be altered such that area can no longer function as independent separate residential unit - deny conditional use permt for guest apartment - require that structure be used only for single family use; 3. require that Building Department inspect foundation for structural soundness. September 17, 1986 Additional Comments and Planning Commission Recommendation: Additional Exhibits - Exhibit A - Planning Commission Minutes of 8/18/86 Exhibit B - Bjork letter As suggested by the Planning Commission, the applic .nt has submittel a letter reviewing, once again, the unique history of his mother's ownership and involvement with the property. In that same letter he lists specific harO,'iips and findings that he asks Council to consider prior to any formal action on the conditional use permit. 1. Bjork states that it would be unreasonable and economically not, feasible to upgrade the current structure to a single family residence on a abstandard lot adjacent to the County road and railroad tracks. 2. The non -conforming use and existing zoning prohibits coffnercial use of the property. 3. An approved home occ-,ipation may prove more of a zoning nightmare in this type of structure. a. The most. affected neighbors have voiced no objection to Mrs. Bjork's current application. one neighbor called the City to support any program that would allow the severely limited property to he upgraded. Zoning File #1059 September 17, 1966 Page 7 The major y of the Planning Commission voted denial of the conditional use permit (for duplex use) originally accepted by staff as a possible continuation of a non -conforming use - deemed less intense of a use than the previous mixed commercial/residential uses). A review of the records on this property revealed no evidence to support a position that the duplex use was deemed less intense than the mixed commercial/residential. The majority opinion felt eac' -�rmit by the City issued to the applicant clearly advised second apartment was for non -rental use although a conditional use permit for the non -rental apartment was never required in 1976. Please review Exhibit A, the minutes that contain the specific recommendation of the Planning Commission. Alternatives of Council %ction: A) To deny the Bjork application for a conditional use permit for duplex credit and to grant a conditional use permit for a non -rental _,,artment unit subject to the following conditions: 1. _.e owner work4ng with both the Hennepin County Highway Department and the Oro-o staff in establishing a permanent, safe curb cut to the site; 2. Removal of detached accessory structure in rear yard that is in a state of disrepair. Direct staff to draft a resolution with appropriate findings for action at your meeting of October 13th. B) To direct st�Lf to draft a resolution of approval for a conditional use permit for a duplex based on resolve of the following issues: 1. City Attorney to opine if granting a duplex credit for thi- property constitutes a use variance or merely a variance to a per! 3nce standard of Section 10.20, Subdivision 3 (I) ..f this is considered a use variance - the appliCOLion will be returned for further' Council action at your October 13th meeting. 2. Building Department to evaluate existing structure in regard to building code standards for legal duplex. a) need for idepent ,rater meters; b) separate hook-ups to seweL for each units; c) second f oor apartment must be i)rought upto building code standards; Zoning File #1059 September 17, 1986 Page 8 d) fire code star,'Rrds - legal/safe egress. 3. Zoning Department to evaluate on site demands of duplex: a) parking needs - number of stalls; b) landscape requirements. If the City Attorney determines that this request involves merely a performa-ce standard variance, staff will draft the necessary resolu: with appropriate findings. jCit o'I oRONo / ti �:, cry �• �.� i GENERAL LAND USE'-APPLICATION'� ' ------------------------------ PROPERTY LOCATION - •------------------------------------- QAggg Site Address 90 I Property Identification_ Number (P.I-D. ) l 7 // 7 w-2 3 43 O /v%7 Please check one - Is the property abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Mailing Address trzU eoresor /�/`�!9$ ^—CL"a. --------------------------------------------------------------------------- OWNER Name ,^�t %� Phone��/�- Mailing Address C /?� �/C ��r, / i ��_g f CA-J Date Property Acquired a (month/year) J S J y I (do) (do not) also own the adjacent parcels of land. ------------------------------ --------------------------------------------- FEES - CONDITIONAL USE PERMITS $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) V $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 f schedule OTHER APPLICATIONS $150.00 Commercial Site Plan Rev_ v (+ consultant fees) $250.00 Vacat.i.-n $150.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision OTHER APPLICATIONS - CONT. $250.00 Rezoning $200.00 Appeals Other - see fee schedule -------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: _ --------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2 Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Cernter 348-3271) 3. Stamped, legal sized envelopes (#10) pre -addressed to eac'- of the name:, on the above list with no return address. 4. Certificate of survey. 5. Construction plan, if applicable. 6. Plat Map. --------------------------------------------------------------------------- The applicant and Property Owner must sign this application. "lease 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 knowledge. Applicant's signature v G�/Y� c7/LLL '�- /c / --Date OWNERS SIGNATURE U'J The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature Date --------------------------------------------------------------------------- Applicant must have all. submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. y � t � 0. �( e 4x ` 23 re tf • 1 t Zoe � './ill � "` //, ' / 4IX }� \ 212 ^�. 7 ��+� • j51 •: O , i , 1014 ,��1 IsAs IS r t ,til � , �J �' / ' � � s� • • `•.` I . � / (.l ; .yl�,y�) r •j Y 19 fi �`V y 4^Y I 1 Is /PS 'a� `3 P ,y�l " I►I►) I l•�'`' / rot) / / 1 o / to t1r ^I j 5 i. e r. ;. t T• .. . f (� ; ��11 1 r� �/ 2 a O �a I`171 s `'�! ,t \4";� i✓�2S r •I 6' 17 6 S 4� 3 1��1 .� i 9+! ,�. ♦ 3 •10 �•. / �+01 )i\ vim_ a % Oil. IS ! 17 I Is i 1• 120� 21 22 i 23 j 24 13 I t� IS i1 17 I20 1 I O j LIVINGST )I AVE L • QX 16% c• i• � I, �, N • 17 { 10 Is 9 ! 7 '6 S 4 3 2 14 ti ' 12 11 10 9 s 7' s S i 4 i s t. +� `. `l rf 19 ,:' + tf 16 11 1s If, 20 21 !L22 I z3 24 Q _Is' t Is) is ; 19 yy�� 21 .� 22' 23 24I/25 ! 2e PIP s " b .'` ` • „11 _ '•, � t, I , � � � eldcj� r� ° TelLYRIC Lot •� s I 0,$ f a• �}• 1 • to so s 12a: In 1 11 r6 t9' L0,s1 it b' 7,�;Is" 26 2' 26 1 1 ♦1 'i ) 1 ) I ''1`� ' t�� ; ��\ ,,i�\ '(�yl i , yyl ; ' 1 i ; a � r 1 •... • k ; r, RUN DATE 07/23/86 HENNEPIN COUNTY Pk.,OERTY INFORMATION SYSTEM REPORT NO. PI435401 '► PROPERTY OWNERS LIST PAGE 1 BATCH 001 38 17-117-23 42 0001 38 17-117-23 42 0002 38 17-117-23 42 0003 ob PROP ADDR 02240 SHADYWOOO RD 02232 SHADYWOOO RD 02224 SHADYWOOO RD OWNER NAME C A & C A FREEMAN RICHARD LEE KOKESH MICHAEL PIRICH TAXPAYER C A & C A FREEMAN RICHARD L KOKESH MICHAEL PIRICH NAME/ADDR 2240 SHADYW000 RD 2232 SHADYWOOD RD 2224 SHADYWOOD RD ok WAYZATA MN 55391 ORONO MN 55391 WAYZATA MN 55391 o. 38 17-117-23 42 0004 38 17-117-23 42 0005 38 17-117-23 42 0006 PROP ADDR 02216 SHADYWOOD RD 02208 SHADYWOOO RD 02200 SHAOYW005 RD O:.TiER NAME JAMES G GOTHMANN ETAL J 8 ELMQUIST & P M ELMQUIST V W YOUNG ETAL TAXPAYER JAr�S G GOTHMAHN J B& P M ELMQUIST VINCENT W YOUNG Aw NAME/ADDR 22 IAOYWOOD RD Z208 SHAOYWO00 RD 2200 SHAOYWOOO RD r WAYZATA RAJ 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 43 0001 38 17-117-23 43 0004 38 17-117-23 43 0005 PRCP ADDR 02293 SHADYWOOD RD 03443 CRYSTAL PL =,'ER NAME STATE LAIM DEPT E J DALLOS & J N MOORE A & L RODEWALD A TAXPAYER STATE LAf41 DEPT ROBERT A & DELORES C RYAN ADELBERT M RODEWALD NAME/ADDR 2293 SHADYWOOD RD 3443 CRYSTAL PLACE ORONO MN 55391 WAYZATA MN 55391 38 17-117-23 43 0006 38 17-117-23 43 0007 38 17-117-23 43 0008 PROP ADOP 03449 CRYSTAL PL 03457 CRYSTAL PL 03465 CRYSTAL PL 0,4*.'ER NIA'7E KERRY T CAMPION WINDFALL PROPERTIES STEPHANIE A KROEGER TAXPAYER, KERRY T CAMPION FREDERICK/CATHERINE GERMAIN STEPHANIE A KROEGER NAME/ADDR 3449 CRYSTAL PL 3457 CRYSTAL PL 3465 CRYSTAL PL WAYZATA MH 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 43 0009 38 17-117-23 43 0010 38 17-117-03 43 0011 �. P?OP AOOR 03473 CRYSTAL PL 03477 CRYSTAL PL 03485 CRYSTAL PL C'.NTR NAME G V LATOUP ELLE & K M OLAFSON NANCY B HATFIELD ALBERTA M STROM TAXPAYER KAREN M OLOFSON DEAF: HILGERS & ROD EARLYWINE ALBERTA M STROM NAME/ADDR 3473 CRYSTAL PL 425 ELM ST S 3485 CRYSTAL PLACE /u WAYZATA MN 55391 WACONIA MN 55387 NAVARRE MN 55391 38 17-117-23 43 0012 38 17-117-23 43 0016 38 17-117-23 43 0017 CPCP ADDR 03493 CRYSTAL PL 03472 LIVINGSTON AVE 03460 LIVINGSTON AVE C'T;ER NAME G N LOCKREM ETAL P E GRANT & A M GRANT ]ALE W WISWELL ET AL TAXPAYER ROBERT PAIGE PAUL E GRANT KEK'RIC N LINDLAN r. NAME/ADDR 4601 BRUCE AVE 3472 LIVINGSTON AVE 1720 RESTHAVEN EDINA MN 55424 ORONO MN 55391 MOUND MN 55364 r Aft PL24 DATE 07/23/86 BATCH 001 38 17-117-23 43 0018 PROP ADDR 03452 LTVINGSTON AVE CSaIER NAME WILLIAM R MAXWELL II & WIFE TAXPAYER WILLIAM R MAXWELL II NAME/ADDR 3452 LIVINGSTON AVE * NAVARRE MN 55391 38 17-117-23 43 0021 PPCP ACOP. 03436 LIVINGSTON AVE C'.017R NAME STANLEY A MOORE ET AL TA'=:PAYER ROXAtN BEISCH NAME/ADDR 3436 LIVINGSTON AVE WAYZATA MH 55391 38 17-117-23 43 0042 PPOP ADDR 03508 LIVINGSTON AVE OWNER NAME MARK A SPALDING ETAL TAXPAYER NARK A SPALDING NAME/ADDR 3508 LIVINGSTON AVE WAYZATA MN 55391 38 17-117-23 4; 0120 PRO? ADCR 03435 CRYSTAL BAY RD o, 0-.,ER NAME ROBERT W MIELENZ TAXPAYER RCCERT WILLIAM MIELENZ NAME/ADDR 3435 CRYSTAL BAY RD ORONO MH 55391 ttk 38 17-117-23 43 0124 oft PPCP ADCR 02264 SHADYWOOD RD CWt:ER NAME EVELYN S TP.UTUAU TAXPAYER EVELYN S TRUTHAU NAME/ADDR 2264 SHADYW000 RD Ik WAYZATA 1 l 55391 38 17-117-23 43 0127 PRCP ADDR 02259 SHADY14000 RD =R NAME ROBERT JUt1-'�UIST ETAL TAXPAYER MAPGURITE J BJORK t;tr.E/ADDR 4177 SHORELINE DR APT 327 SPRING PARK HN 55334 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 17-117-23 43 0019 03444 LIVINGSTON AVE FRANK H OLSON ETAL FRANK H OLSGN 3444 LIVINGSTON AVE WAYZATA MH 55391 33 17-117-23 43 0022 03422 LIVINGSTON AVE W L N BOCKMANN WILLIAM H BOCKMANN 3422 LIVINGSTON AVE ORONO MN 55391 38 17-117-23 43 0116 03407 CRYSTAL BAY RD R S 3 E C NICHOLS R03ERT S I EUNICE C NICHOLS 3407 CRYSTAL BAY RD WAYZATA MN 55391 38 17-117-23 43 0121 03445 CRY',TAL BAY RD GLOPIA MC DP,.ALO GLORIA MCDONALO 3445 CRYSTAL BAY RD ROUTE I WAYZATA MN 55391 38 17-117-23 43 0125 02256 SHADYWOOD RD WILLIAM HENT Y MEY JR WILLIAM H MEY JR 2672 WILSHIRE BLVD MOUND MN 55364 38 I7-117-23 43 0128 02245 SHADYWOOD RD MINN FED SAV/LOAN OONALD H WEISS 2245 SHADYWOOD ROAD WAYZATA MN 55391 REPORT NO. PI435401 PAGE 2 38 17-117-23 43 0020 03438 LIVINGSTON AVE STEVEN 0 GRAPENTIN STEVEN 0 GRAPENTIN 3438 LIVINGSTON AVE WAYZATA MN 55391 38 17-117-23 43 0026 03525 CRYSTAL PL STATE LAND DEPT GEORGE J i NOLA A EDWARDS 3533 CRYSTAL PLACE WAYZATA MINN 55391 38 17-117-23 43 0118 03415 CRYSTAL BAY RD ROBERT H ZIMTERt1AN ROBERT H ZIMMERMAN 3415 CRYSTAL BAY RD WAYZATA MN 55391 38 17-117-23 43 0122 03447 CRYSTAL BAY RD GEORGE C SWANBECK GEORGE C SWAtMECK 11021 ABBOTT LA MINNIETONKA MN 55343 38 17-117-23 43 0126 02248 SHADYWOOD RD D A K OWEN DAVID S MEN 2243 SHADYWOOD RD WAYZATA MN 55391 38 :7-117-23 43 0129 02237 SHADYW000 RD D L SCHUDEP E 5 M SCHUDER DANIEL L 3 SUSAN M SCHUDER 2237 SHADYWOOD ROAD ORONO MN 55391 1� RUN DATE 07/23/86 /u BATCH 001 38 17-117-23 43 0132 PROP ADDR 02213 SHADYWOOD RD O:.'NER NAME C D LATTIN ETAL TAXPAYER CHAS LATTIN NAYS/ADDR 2213 SHADYWOOD RL WAYZATA MH 55391 �. 38 17-117-23 43 0140 PROP ADDR 03505 CRYSTAL PL C---,ER NAME JOHN C ROSHOLT TAXPAYER JOHN C ROSHOLT t. NAAE/ADDR 1600 FIRST BANK PLACE WEST MPLS MN 55402 A PROP ADOR C:^4ER NAME r TAIPAYER TOTAL BATCH NAME/ADDR ok 001 00042 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 17-117-23 43 0133 02205 SHADYWOOD RD WILLIAM J CARLSON i WIFE WILLIAM J CARLSON BOX 5 NAVARRE MN 55392 38 17-117-23 43 0143 02227 SHADYWOOD RD J S i M R BILLINGS ROBERT A HEGERMAN 2227 SHADYWOOD ORONO MN 55391 REPORT NO. PI43S401 PAGE 3 38 17-117-23 43 0139 03488 LIVINGSTON AVE L 3 G GOMEZ LURE i GAII GOMEZ 3483 LIVIN.STON AVE WAYZATA MN 55391 38 17-117-23 43 0144 02229 SHADYWOGO RD R D i J F JEP.DEE TOO 6 SUSAN PIEPER 2229 SHADYWOOD RD WAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRESENTED APE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE 0`1 THE RECORDS OF THE HEI-PIEPIN COUNTY DEPARTMENT OF PRO RVY TAXATION, TO THE BEST OF MY KKOWLEDGE AND BELIEF i DATE BY �- ;j* c .L: is •a'.',� � • � .. Plat of Survey for Charles E. Gross of Lot 1, Block 2, Wiley*& Park Hennepin Ccunty, Minnesota 110 tA �,�,`. r.� • r � • �♦�� •ems ' � r.ry ..l...y �•�.: OarUrleat* of See?e . ,- I berobv osrtity that this to a true aced correct rerresentatlon " ': of'a awwrey of the boundaries of Lot 1, Mock 2, Miley s Park, and .. of the lomtion of all buildings thereon. 2t does not purport to , show other Improvements or encroachments. J.j ! •� - Scale& 1' = LUG Gordon R. Cif fin RagfAo. 6064 �� :; " : • '. 'Date 1 11-1-7A Laid Surveyor and PLa nne r iron corker Wag Lela, Kiamnote V- • •.� •,�.: •�?ram Plat of Survey for Charles B. Gross of Lot 1, Block 2, Wiley's Park Hennepin Ccunty, Minnesota ..i 00, dto 00 'Nam .'ti•• '.A'~ �, 1 e✓• ii \ . � - .� i►'y + 1 f •.>�; -;:. ;. ' � ray R>�'I .!_..q he.. •-+•. ,�`' �►.` swkN GToT J — --t4eRTHER! f ti Gstincata orwrI Mreby oertlfy I"t thi$ is a true and correct refresentstlon Of,a swerey of the boundaries of Lot 1, Mock 2, Wiley s Park, and ' of the loaatit+n of all buildings thereon. It does not purport to =ti show other Improvements or encroachments. , Scales 1' = 4G' Gordon R. CoffIr Rog o. bo6� Date t 11-1-7A ►. Q I . Iron marker Land Surveyor and Plennor Luac Woo, Kiamaots Y I i VIUACI OF allcc*IOArk ocllwr w SP.•ESAAH,btl_LO I N r I) Vlbr 04..1, sO I• N V J 4 lslper' ►tows Ig _4UfQ IP..•r r r,.+ a. TIA.r 1 sift AVORE1.11 J wit f� 1. 1 LECAL OESCRiPIK N J / /al` .21./)c( !Vi �i�►� _ PL&I rt*AU l •AACf •. WIAD: A • i1Qw11 _.�.�.. IrW1.1 .. - .. ».... .A�n ••H .... ....- L, •' ..�M_ .... • Iva 3 OACNIT[:I �.., f•-Mlr...1 ._�.� - 14at, •••I. l/a ... � I Tv•E s:i moat 1. wLS W slwr_T;,pS s NE '?: Stwil 97 Is!/W;•.0(1^1' 1WfI} !A.IIt•7 IO•ytlt ( i' r /�/ r"'»•. 1_ C4rAPt.: tJI JArE I; •A<PIx r-U4wJ1.•1 'I, NL tY rAAn. •(, tt;rr. r•n 1 IA Tr/4 CA:;VCSIr'C I (N /T YN,'•\I.', •M1A ltl .... �tA Yt A 0AW\. 16 • .•.•f.It y+. to . .._.. /5•!� I' �' Ar. Oo fo_Al rttA <<'.40...... . 4 •.N�rYr� /f nCAf AArA» .. .. .., r..w •It•rA AYAA fiAly .........._�._.��.,.. i '>t-}-�-1.?�y [fix --erg ��e.� (��-t��s�•.� _...... ! -� V___._ �._.. ALKNOWL.EOGEMENT AND SIGNATURE: • ___._.-�__» Th• herby ►•trototlls IQrtn A•1 to Vw ""It o• of lbw, lt- Ow purpou of Irwxr•tno fl o VILLAGC a 011CW40 t- fN_-o NIs Acl+an hot%in 1, that Alt s1o04rrn1A ho•o,n •r• Iruf Intl Ihrt I)11 wart hgro-n in. rd.:w.oJ f,-,I Po da a It, o•.• I'dety o rrllfl th• er'!'f- I-9 0` it,* VILLA"A OF 00010001. bw Sto!a 1.1 M+wn%•,ta. uld rul,n� ryt N _I!uIt fm� U•pa•tr++ont ,.��J4•i _ Ar.Ar..fo I Ilwl•/1, Arr I,• IIL ..aIAACr t1Yd7 l i • F. 4. a I Ln JF- --I- - -';I# , ---. r -.,. i - 2: 76 -- � ; - �_=fir_- - -__ � _ --.-:�_- -- ,4,d.l,fx 14W D"Aft W. YeZ Via.: . vll dr CUFFORD F GjCPX P. O. E' ),( 41 -AVfrr'.F, MINN. 5.117 r -. r 0- " t , n .., ., . 0 ord. - 11114-0 --- � SEMAME et-ji Pt 1,11AWP Y'.At L AND AN'LtCAT10,14 I'011 (JAI'M ICA TL. OF (M' LNIANCY F.O. rQX 60. Cli YS VAL BAY. NIN 55321 173 ZONING SI It ADORE' - LEGAL (111-1CRIPTION PIV)P M FIRE TE LONE LOT fit, r) CK COND. USE rl -N rE :Eli p LOT AREA viturH DIN, H Prt- 'OSED SETBAL, F nONT R sioe RE 5E 4CCESS rjEw E AGI-4:,YAPPROV, VA, E rypE J(-lv%'()FIK A,Iff-- s t v4 Ta Ilustv; sot ,;. I q.- 1 -:'U"T U , I TIATE REMARKS. -TC, 0, cW>.2 If '.PECTIC N REQUIRED Nj IN,A) I A I VfAt 1. 0. . Ff*4AL 1.0me 0, A'J� , AS of- OA K ONO U I I I f," .? t. i I s. I, r I'M-Lt, ISE Lti(O I A J10 I tj( olit fill, -f!;oo mow PEW41IT Fftg Pi ."M r 0 44 -i INAL fv TOTAL DUE NIT, kl C-.V.,! %AEC- &tA, ?At A('K*, "WI %rC.'l:jM[-NT roil I - 14 Pft%%llAll;,4e It; 49,% 1-46 -41 A I Mr-1 .J.11AI A rl 0.1 a • ASS,() fftothitn 1"t J)'jut'l A 0 IV -to$ e , 'V'-- 1 AW),;".oO to I 'l 1 ^ATE.,\ — while You Were out of C --- �=C; i L_ it �l C�-Y1 Z� ✓l TLLEPHS3N--n PLEASE CALL CALLED l,, cE :')U VVILL CALL AGAIN WANTED TO SE' VIUU RUSH Mr, AGE i Cci� s� 1f. tilt OPFRATOR `+ � '�:.,:rich'�''1'rigtin}; .�► � i1sl�: (:;u..`�rT>:. 69% BROOKLYN BLVD.—BROOKLYN CENTER. Mb 1_54:3 ! TELEPHONE 1612i 561-4470 n -shod 7354 -M, .'Z-'c C(- ,- ) A r Stair. Licleme 10 cl GENERAL PERipy'11T VILLAGE OF 011ON10 C-o'�J1 fhv, 7i qtby apec thzt, III ca-t a po.-:mit is gralstO, all A-)fk %jj,.cjj hill 1sc c1f.r.r anti i!l matoLsh whicb iT.AD be *Md. k.39 )mply will) tht co'k of Olonoapplic-b1c lkleto. 310 (loll inclu&.- :0 jd:hlii lxwm 94 TOMS FA;,Qw. da No Description: Pie No----. histall plimbing witcrits- I'cv Re"Mif Water /I /6 stgmi'l t cif 410141-mlit =2 MIVJ`PES OY THE PLANNING COMMISSION MEETING HELD AUGUST 18, 1986 #1048/#1049 WASHINGTON SCIENTIFIC CONTINUED Regarding the application for a variance and conditional use per -,,it to construct the building, Mr. Unger stated that the building is needed due to a PCA inspection requiring adequate storage for their chemicals. There were no other comments from the public regarding this matter and the Public Hearing was closed. It was moved by Chairman Kelley, seconded by McDonald, to recommend approval per staff recommendation subject to WSI submitting a statement from the Board Meeting approving the installation of a sprinkling system prior tr the September 8th Council meeting when the Council will review this application. Motion, Ayes 6, Nays 0. #1059 MARGARET WORK `TZ��HADYWOOD ROAD CONDITIONAL USE PER!!IT PUBLIC BEARING 8:14 - 8:37 The Affidavit of Publication and Certificate of Mailing was noted. Representing the applicant were Don Bjork, applicant's son, and their real estate agent, Ruthanne Lang. Applicant requests a conditional use permit to permit the property at 2259 Shadywood Road to be used as 2 residential units (duplex) in light of the unique history of use of the property. Applicant wishes to sell this property as she can no longer maintain it. Zoning Administrator Mabusth reviewed the floor plan which indicate that their are two separate living units with separate entries. She noted that the two building permits dated in 1976 and 1980 which were issued to remodel the house for a mother-in-law apartment both specifically note that it is not to be used as a duplex or for rental income. Today, it is obviously being used as a duplex use. Don Bjork explained the history of the property and the change of his families circumstances. He noted how his family had improved the property. He stated that this house is definitely now a duplex, which the City help to create, and there is a hardship being they cannot sell the property unless it is granted a duplex use by the City. He asks that the City realize what is actually there and help them with this bad situation. Zoning Administrator Mabusth stated that staff finds no way to make this property a legal non -conforming use. MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 18, 19" #1059 WORK CONTINUED Bellows stated that she had sympathy with the Bjork family however she failed to find a hardship involved other than financial. She feels that this property could be sold with a mother-in-law apartment. Goetten noted that the city is looking at an ame_.idment regarding duplex use. She also noted the fact that this property has been assessed 2 sewer and 2 water units. Zoning Administrator Mabusth stated that the property has only 1 meter. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Chairman Kelley, to recommend denial of the use of this structure as a duplex unit based on the fact that the owners have been on notice for the last ten years that this is not to be used as a rental or duplex unit. Motion, Ayes 4, Nays 2. Goetten and Hanson voted nay stating that staff should review possible legal remedies that may be available. Applicant was advised to work with staff on this problem before being heard by the Council. #1060 J.F. FLEISCBBACRER 2775 SHADYMOOD ROAD VARIAIICE PUBLIC HEARING 8:40 - 8:50 The Affidavit of Publication and Certificate of Mailing was noted. Mr. Fleischhacker was present for this matter. Assistant Zoning Administrator Gaffron explaing the request for hardcover, average lakeshore setback, and structure in 0-75' setback zone variances to construct a two -level deck in order to gain access from their upper floor level to the rear yard without blocking any windows. Per his memo, applicant proposes to have a non -hardcover surface underneath deck and shrubbery screens the proposed deck from the most affected neighbor. Bellows stated that she felt there were ways to construct the stairway with less enfringement in the 75' setback area. 8 Don Bjork 10 September 1986 Mary Butler, Mayor City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Dear Mrs. Butler: SEP 15 On 18 Auqust 1986, the Planning Commission voted d to 2 against recommending a conditional use nermit for a resi- dential property located at 2259 Shadywood Road in Navarre ,Ind owned by my mother, Margaret J. Bjork. May I rospect-- fully request that you and the City Council exercise your own prerogative in weighing the facts of this case. Thus doing, I believe you will aaree with those members of the Planning Cormission who felt the permit should be granted. 1. The applicant. Before I cite the stated reason for 3enial and the basis of the Applicant's appeal, may I sav that she has earned and deserves your special considation, this for no other reason than her faithful service as Post- master of Minnetonka reach for 23 years. Now 88 years old, Mother has been widowed since 1969, when my father (former- ly floor manager of the Minnetonka Herald) passed away. Still serving her church and community, she continues to live independently, this with a minimum of help like this from her four sons, who were all raised in the Minnetonka area anO are now scattered from coast to ccast. 2. The stated reason for the denial. The 22 Auqust 1986 "Notice of Planning Commission Action" states that the Com- mission recommends denial for the following reason: "An- plicant has always been placed on Notice by the City that second residential unit allowed in 1976 was always to serve owner as a non -rental unit." The Applicant does not deny receiving such Notices, either personally or through her sons; but all will bear witness that they placed her under year of unnecessary stress, if r,,)t actual duress. Because of the Citv_'s position, the Shadywood property has become a burden rather than a bles- sing. When my brother Clifford was called to the ministry out of business in Navarre, the main upstairs unit became vacant. This left mother not only alone in the downstairs unit, but without recourse to renting out the upstairs unit. Unable to sustain the costs of such a large building, she was eventually forced out of her own home. And, though P.O. Box WRC Nyack, New York 10960 Phone: 914/268-4135 2 - r"_B, City of Orono thousands of dollars have been invested to renovate what was previously an eye -sore, Mother several times has tried to sell her nroperty, always running un against what seems to be a needlessly heavy-handed restriction upon its use. 3. The basis for the Applicant's appeal. Apparently, the City's position has grown out of its intent and purpose in the LR-1C rezoning, which envisioned an area of single-fami- ly homes. Ideally, this would be nice. And, it is under- standable that the City might wish past exceptions to the 1976 Code to simply "fade away." In some cases, however, that simply won't happen. In this unique instance, for ex- ample, the previous use and ori_oinal desiqn of Mother's urornerty were definitely not that or a single-family home. Mor_)ver, the sub -standard -Tot i,Tould itsel` auger aaainst such a conversion. This in mind, the Annli.cant's desire has always been to upgrade her property to its most realis- tic use. That use is quite obviously a duplex. Those members of the Planning Commission who voted for this use were precisely the ones who took time to inspect the property and to see for themselves what we have known and stated for years -- that the very nature of the building is a duplex. The up- stairs unit has always been reside And, And, though the downstairs unit was used in the past as a grocery and then as a dry-cleaning establishment, it always carried with it the potential of easy conversion to residential living space --if indeed it — ncl, actually used such, even before Mother was granted ilding permit in 1976. (The Citv did assess 2 residential water units in 1971, several years Prior to Mother's own—rship.) Then, too, each unit has always had separate access to the street. Considerina the increased traffic on the Count, highway where it is located, the t,uildinq inspector woi.ked with my brother to reposition both entrances on another side of the building. T- so doinn, he not only alleviate: con- cerns for safety over increased use and intensified z.ccess, but tacitly acknowledged the generic nature of the buildina as a duplex by apnrovinq the continued existence of indepen- dent outside access for each residential unit. That such an approval would be unlikely now does not (ainsay the fact that it was granted then --and that this decision was entire- ly iiistic in terms of the buildin,-T's generic nature. . To achieve as much consistency as possible with the City's desire for an area of single-family homes, the building in- spector wisely insured that the outside appearance would indeed suggest residential rather than commercial use. In the most e-ent improvement, the Applicant enhanced this resider. -.al :macie by a complete exterior renovation, inclu-'ir_; a mansard roof to replace the commercial apr)ear- ance of the past. Still, the interior remains two separ- ately accessible units best described as a durl.ex. And, though the lot is certainly substandard, it has nlenty of 3 - MB, City o'L Orono room for parking under city --odes for a duplex. Please understand, then, that the Applicant is not making her appeal on the sole basis of hardship caused by past limitations upon the use of her property. Neither is the Applicant seeking use of her property Ps a duplex simply because it would be more saleable, or hAp her to offset expenses against more income potential (which, at her age, is most definitely a consideration). Mother most definitelv merits consideration of those fac- tors by the Council, but thev are not of the essence in her appeal. The Applicant's appeal is based squarely on another premise --that IC -he most realistic use of her prop- erty at 2259 Shadyvood Road is as a dup'2x. Aside from the argument T have set forth as to its generic nature as �Plex, there are other cogent reasons for such use: • The building can only beconvertod to a sing_ e-family home with an enormous expenditure of money unjusti- fied by the substandard lot and proximity to both highway and railroad. • The building cannot revert back to its former com- mercial ._. this in li.c-ht of the one-year lapse. • Parts of the building could be adapted to prof.s- sional use, or to a home business of a quiet nature. But over time, this would likely present greater problems to the City than simply granting a Variance/ Conditional Use Permit for a duplex. • Though given informal and formal opportunity to do so, no neighbor has voiced an objection to the grant ing of such a Permit. Upon the basis of the Applicant's appeal and these reasons, may I respectfully request that you grant the legal status needed for the most realistic use of my Mother's property -- that of a duplex. All things considered, I believe this is the City's wisest and fairest course of action. And, since the unique nature of this property makes it highly .inlikely that the problem it presents will simply "fade away," it provides a constructive solution now to what might otherwise be a never-ending and unpleasant situation for all concerned and for years to come. On pehalf of the Applican , I am sincerely grateful to you and the Council for your tonsideration. f�Ay/ou; s- cc: Margaret Rork UON RJ5RK v Ruthanne LancTe 10 Ruste ane alley, NY 1097"1 d To: Mayor Butler �_, v• ,. Mark E. Bernhardson, City Administrator VhY OF O, too Orono Council Members From: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: October 2, 1986 Subject: #1065 Larry & Jean Martineau, 4360 Chippewa Lane Variance - Resolution List of Exhibits Exhibit A - Memo & Exhibits of 9/12/86 Exhibit B - Planning Commission Minutes, 9/15/86 Exhibit C - Resolution This is a request for a mother-in-law apartment within the basement of a new house under construction. Access is generally throught the main part of the house. Please review the memo and exhibits of 9/12/86. Planning Commission, at their September 15th ireeting, recommended approval of a "temporary two-family dwelling" status variance per Code Section 10.08, Subdivision 3 (A) 7, with the following conditions: 1. The main entrance to the house shall i •_.main 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 owi_ Duld have to reapply for the guest apartment use. The tempo,-:-.,,, 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 occupant- f the principal residence and their non-paying guests or domes .: employees. Staff recommends approval per the attached resolution. TO: Mayor Butler Mark E. Bernhardson, City Administrator Orono Council Members Orono 'Planning Commission Members From: r,ichael P. Gaffr.on, Assistant Planning & Zoning Administrator Date: September 12, 1986 Subject: #1065 Larry & Jean Martineau, 4360 Chippewa Lane Variance - Public Hearing Zoning District - RR-lA, 5-a e Applica: on - Mother-in-law apartment within principal residence under con: truct ion. List of Exhibits _<< Er:..ibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List r,hibit D - Survey E.nibit - House Plans & Elevations Discussion: Applicant is requesting to construct a basement kitchenette that will effectively create a mother-in-law apartment with bath, bedroom, and kitchenette. Access is gained through the main house stairway and walkout level doors, as well as an indirect access to ga. 3e. The intent is for Mr. Martineau's mother to move in with them in a year or two. This application is nearly identical to a recent application on Luce Line Ridge For a similar basement apartment. Again, the house is designed essentially as a one -family residenr- in a one- -amily zone, and will fi+- _s: with the character of the neighborh, Staff Recommendation: S' a.f f recommends approval of a "temporary two-f airdi ly -7we l l ing" status varia..-e for tre Martineaus, per Code fection 10.08, Subdivisic 3 (A)7, with the following findings and conditions: FINDINGS 1. The applicant intenr, the apartment to be used as a guest apartmo-nt only and have no intent to rent the apartment. 2. The apartment, as designed, is on the walkout level of the house and may be accessed from withir the main house as well as from direct exit to the rear yard at the walkout level, or indir,�.Ll_y to the garage. , COND-TIONS 1. The main entrance to the house shall remain as an open foyer, fo: cinc. the apartment occupant to enter the apar. -cent from N it .,.n the main house, as shown on the proposes; design plans. 2. This use vari.ar,.e is granted on a temporary basis and shall expire a't :.,uch time t..at the appl i rants no longer own thy. property. Any riew own r would have to reapply for the guest apartment usc. "'he temporary vac_.nce i- not transferable to a new own.. - withc;ut Council approval. 3. The mother-ii.-law apartment. shall not. be rented out and is iritende.1 fo the -le „-,e cf the applicant, whi - they bre occupants of the principay resiuencc ,.id their non-paying gue, or lomestic employees. -UP t O i 14 GENERAL USE �u.,Awi6N 14 ------------. PROPERTY LOCATION Sitt Adress ( i � , r f ' . r / A. r Property Identif i . -.ion Number (P. 1. D. ) 3 Lop / Pleat one - Is the property cam' abstrr or torrens7 (fo1- C vnal Use Applications only) Please at.ach lega description to application if n, ncludvJ on required survey. APPLICANT Name Phone Mailing Address OWNER :dame r, ; :1,:; Phone - Mail-.ng Addre: r.'�j F. 'r- , ,_'t /'r `i7 �� t Date Property A;.:quired (month/year; I (,do') (do n t) also own th.-- adjacent parcels land. --------------- ----------------------------------------------------------- FEES - CONDITIONA, SE PERMITS $100.00 ,,, Rt-siOential accessory Us,- S1'--.00 b) Institution?1 (church, school, etc.) $'30.00 Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200. 00 f ► L Altaratiori Grading and f ' q - 101 c•1, y .. or more Seawall, ret: inir.g wul within 75' of Lakeshore F'f?u, : i-" - nee fee scheclule OTMM APPLICATIONS $150.00 Ce itmercial Site Plan Review (+ consulta,it rec.,; $250.00 Vaca1 ; on 1c0.00 Eabnmero- Vacatir- $ 50.00 Eajement Vacat dir<-,bolvision OTHER APPLICATIONS - CONT. $250.00 Rezoning $200.00 Appeals Other - see fee schedule ----------------------------------------------------------------- •--------- PRESENT USE OF PROPERTY Present Zoning District ra A Present Use of Property Residential' Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: i ri - e' ki f-," f;.F .t, %- 'f. /_ / fi%-"•r; �' i / /r!'' / [. ! �% /1=iit'e- --------------------------------------------- UW%UIRED SUBMITTALS 1. .Completed Application Form. ------------------------ 1 2. Certified Property Owners List of owners within 350' (you can obta this list from Hennepin County Department of Finance A-603 Governme Cernter 348-3271) p1I "r'40'3. Stamped, legal sized envelopes (#10) pre -addressed to each of the nam on the above list w- no return address. T) Certificate of survey. Construction plan, if applicable. _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 knowledge. Applicant's signature '� Date / OMMERS 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 f- j /. Date ------ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Mee~ings are held on the third Monday of each month. `N)` . •j.•wN ••a4 :f •.l�l1 . t • lt� / no 1 _ _ f O __ _ 1 420 0 v• r " O t to/o JIG;.. n10 MID /no J)ell .., .. h\ J• �J ) \ �>> w 1 < •fir ��.�N�RD 1 .40 CHIPPEWA CH �•) I P E A SECOND6 AD0. / Kim {A I 1 _ `sWOO ` _ r� i •• r f1W i rwo /, r (9 N N MIN i f �4 4100 (e) PUN DATE 07/30/86 ow BATCH CG9 38 31-118-23 13 0002 p, PROP ACCR 00420 TURNHAM RD C:..:ER NAMIE JOSEPH H JACOBS A WIFE ",,PAYER JOSEPt1 H JACOBS N;''E/ADOR 420 TURNHAM ROAD /h MAPLE PLAIN MN 55359 �. 38 31-118-23 13 0012 PROP ADDR 0�:220 WATERTOWN RD Cl "IER NAY,E R ANn J WYATT TA'PAYER ROBERT J WYATT r► N:M,E/ADDR 4220 WATEPTO:.'N POA3 M,'PLE PLAIN MN 55359 r 3A. 31-118-23 41 0007 PROP ADDR 04145 WATERTOWN RD cw _R NAME MICHAEL P PLINK TA7,PAYEP MICHAEL R PLAt^C NAME/ADCP. 4145 WATERT=4 RD MAPLE PLAIN MN 55359 t 38 31-118-23 42 0003 FP^_P ADDR C4355 CHIPPEWA LA ^ C:":ER NAtIE FREDERICK E SHEMANEK JP ETAL TAXPAYER FRED E CHEMANEK NAY,E/AOCR PT 2 COX 16 MAPLE PLAIN M+.N 55359 38 31-113-23 42 0008 aft PPOP ADDR 00350 TUPflfAM RD OWNER NAME JE--CM_ P 03RIEN TAXPAYER JEPO`tE P 0'-RIEil Y.AME/ACOR 780 TURNHAM RD oft MAPLE PLAIN MN 55359 +" 38 31-118-23 42 0011 *"POP ACCR 04305 CHIPPEWA LA CWNER NAME VIRGIL J LAR.SON ETAL TAXPAYER VIPGIL J LAPSON Oft NAME/ADDR FIT 2 CHIPPEWA LANE' MAPLE PLAIN t:N F.359 I► HE►tIEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 31-118-23 13 0003 0434S WATERTOWN RD DONA.LD K PEARSON t WIFE DONALD K P-cARSON 43,45 WATERTO::N ROAD CROf:O MN 55359 38 31- 18-23 13 0014 MICHAEL P PLANK MICHAEL R PLA►LC 4145 WATEPTO:O► GD MAPLE PLAIN MN 55359 33 31-118-23 42 0001 04245 CHIPPEWA LA R L SOREI!SEN ETAL P013EIT L SC^ENSEN 4245 CHIPPEWA LANE MS.PLE PLAIN MN 55359 33 31-1I8-23 42 0004 04385 CHIPPEWA LA J P MILLER ETAL J MARC FP.ITZLEP 4385 CHIPPEWA LANE MAPLE PLAIN MIN 55359 36 31-118-23 42 0009 04325 CHIPPEWA LA RO`IALO R DEf�ULLIttG ETAL POYALD R DEt(UiLLING 4325 CHIPPEWA LANE MAPLE PLAIN till 55359 38 31-118-23 42 0012 04220 CHIPPEWA LA D E P AftDERSOfI PAMELA G ANDERSON 4220 CHIPPEWA LANE MAPLE PLAINS tfN 55359 REPORT NO. PI435401 PAGE 25 38 31-118-23 13 0004 04295 WATERTOWN RC ROBERT A SINGER ET AL ROBERT A 6 J,CQUELINE SINGER 4295 WATERTO:.4 ROAD ORC140 MN 55359 38 31-118-23 14 0006 04130 WATERTOW'N RD F 3 S KOY.L::H FRANC j L '^!';,AN M Y.OKESH 4100 WATERTOWN RD MAPLE PLAIN MN 55359 33 31-118-23 42 0002 04265 CHIPPEWA LA AMY E PETERSON MARCELLA J FROST 4265 CNIPPEAA LANE MAPLE PLAIN MN 55359 33 31-118-23 42 0007 00340 TURNHAM RD BEF.HARD tt GALE BERNARD M GALE 340 TU.CN'HAM RD MAPLE PLAIN N4 55359 33 31-118-23 42 0010 04315 CHIPFEWA LA GREGORY HALLDIN ETAL GREGORY HALLDIII 4315 CHIPPEWA LANE MAPLE PLAIN ITA 55359 38 31-118-23 42 0013 00320 TURN"AAM RD JOHN E MENGE A WIFE JOHN E MENGE 320 TURNHAM RD MAPLE PLAIN — 55359 PJN DATE 07/30/86 r BATCH 009 38 31-118-23 42 0014 PROP ADDR 00320 TURNHAM RD MVER NAME JOHN E MENGE & i4I'E TAXPAYER JOHN E MENGE NAME/ADCR 320 TURNHAM RD I� MAPLE PLAIN MN 55359 //+ r r r r HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 31-118-23 42 OO1S RONALD R DEMULLING ETAL RONALD R OEMULLING 4325 CHIPPEWA LANE MAPLE PLAIN MN 55359 REPORT NO. PI435401 PAGE 26 TOTAL BATCH 009 00020 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BEL-F. /} DATE " -,i { 'BY /' A Certificate of Survey 51 Pd'f}aJ for Larry E. Martineau in Lot 3, Block 1, Chippewa Third Addition Hennepin County, Minnesota CHIPPE WA AAIE M - Scale: 1" 100, Date 7 - 10 - 86 0 Iron marker I hereby certify th.-t this is a true and correct representation of the proposed location of a propo.4rd house in relation to the boundary of Lot 3, 0lockl, Chippewa Third Addition. It does not purport to show other improvements or encroachments. COFFIN d GRONIJERG. INC. Mark S. Gronberg Reg. No. 12755 Engineers, Land Surveyors and Planners Long lake, Minnesota M1 a a•opit 0<i 6 y s i oc, L TREATED PLATES X !'""r T-7 CQ PROVIDE TREA Ep�CEES aEOU+ W LJ►�eO ON cawcRtt�. FI p8U5T1 Lp r;ttM YNS I `-uNOP Wp Aa N �INEP yp� for �G Q�� GL �JtJiN�� rd+ a ANp aTM �c :-Iov,E S�Ja� 1, i1 eft E gfDE of �� i' 2 1R M� N GLR I• * ��° �d BtCCKMG 24•' Q. p11.NF-T st µEtGHi Kr Shall Be UPpo� Laterally 5 I1AX 511� �At Pod Ot Bearing By Solid BlOc4J STAIRS- t n2 i /" MAX. RISER 9-MI1k�RiItD 6'-6„ MIN. HEADROOM' -.. k�C pQ l� i r• AT LEAST ONE HANDRAIL.REC!" P � GUARDRAIL OPEN S;OS Pgov�o AIR � ��'��•,,°v� 5 sn ONO -z GUARDRAILS BgOR OR � ppENtN�' R�pf R Pt-E^1UM �� Cr` .�'•;:1 p ��G - ,r, SO — pCIL -4 • . �t es'f ��'�o'�NsO a E�sLU+j9 a'IFIL*OUI sr� F I e yc MI StNctu n.e to DzUy �I GO Wood Di NaSu�ai Res sts ' =MPy . `, Opp ' "ESA � l- — �s-� __ _1.�- - �: _ _ �--�- � _�'�� .:_ �' �"•`•�,�7 Q __ _ YJ t r 1 Frh1!S E D N° A R oCox N 11\ w. o �1 Vim" 1 �� a Q r� i 1 i2-S-6• x 4'6 ' y _7-0 row 'I GUARDRA"-S z i MIN. HEIGHT MAX. OPENWGS - PANTRY'r, Rey i►.r, i• -- G--S lot �:,1'#� -r .� /l1AL �lidt-=1'�•�•�� '� I �(G oNt T ' `o�� i JSV' AoL 1MAMOOM - AT EAST OW KAM*AL REQUWM t G L#AMOlkAA OM iioEs l� z ft tiAT 2 - %� �� t F�!'. �5 -'i i • J) 9 �1�E1 !' r 1 -PCFJUNG ` /gib INS.META, 1 � � / �� J�F� \ 1 .■ ( C� � PE_ X WA L {D- t "� --- -- - J�� \ z. 1.` FIRE DOOR ?� -T1 A'L'LE 1'�:j V✓i►S�' E i- ��{r \� �` _ "• n SW CLOSING � _ � .. 1 � / � e � 30 i11 ILI •,� . � .. _ — - (... • JCL � 0 • a T N E �\ \N r�� + ��nl ��,,� �C WINDO. �0WS 0 �'� vEP� oR : I / �� ;�, ��' BEDROOM E�uI�E� �O (Ci G�L��. �Fi\ t �� ` 2' G"<r` FIRE EXIGL j.R \rJ iQY'-1 �\K�(►\�: C' !�\�\, �• �:. "-7' �,� v �-�' .t` Z�.. MIN GLtf.R H EN NG O , �.. PAIN OP Y �,� y4� ,�_ i Q'O !��• Gvtry��' `�` 5.7�5 Mp�JC. SILL HEIGHT T7. tk o ,'t i ► t.. eQ, � '�� f 1 1 STAIRS J MAX -RISER,.. 9"IlIW. TREA 6'-6" MIK.-HEADRbOM _ 4 R QlAT OAST ONE HAkDRAli REQUIRED: GUARDRAR OPEN SIDES RE(�U1RE v�'D yr FlRMiN G�• ia,R HEIG, G G pENN I , 'a MI FT I1f..LL 14F-IGV NT r i `4 AS so S1 tr ! TO EARTH SEPARATION e" ---- PNOV1nE ATTIC VOFIVLATION EQUAL TO —� 111WTH ATTIC AREA. IF 60% OR MORE IS PROVIDED IN U"ER PMIT;OFI OF ROOF AND REMAINDER IS +AOOIM IN SOi -T VENTS, IT MAY !E -,TMA' q TO IrWTH ATTIC 4REq, - �! BEDROOM WINDOWS 111 \/ I I \i A— CERTIFICATE OF OCCUPANCY A .ST BE OBTAINED BEFORE BUILDING IS OCCUPIED PERMIT WILL EXPIRE 1F WORK IS NOT STARTTD WITHIN 120 DAYS OR If WOP.:( IS SUSOE— SCR 110 DAYS CONSTRUCTION. SA. ITV OR ZONING j VIOLAT+ONS FIRE EXIT REQUIRED!�Lji _ _ +" MIN. CLEAR WID —� — ppoA E ATTIC VEMT1LA' EOIIa ?.4" MIN. CLEAR HEIGHT f - 111SOTH ATTIC AREA. IF it': OR 5.7 SO. FT. MIN. OPENING MORE IS PROVIDED IN UPVER PORTM 48" MAX. SILL HEIGHT OF ROOF AND REMAINDF;- r5 POW li IN SOFFIT VENTS IT MAY SE RIM W v'n 1moTM ATTIC AREA CITY OF ORONO BUILDING P£RMI LAN REVIEW E YZ - . — tc—? N ED AS SUBMITTED ApPRO.ED WITH CORRECT,O-.S AS NOTED NOT APPRO. ED — CORRECT d. RESUSIAIT TK.. ..pu ti mf Ia M ■Nr AN .s• " a ee� xl�, .oenpea^.a .,�� wtwr e++els A +ar'A eaa NTIAAOR Of PREMISES REQUIRED pro+e9 W4resses Sr4;1 1�a Ci,paTed. PU" F1g&TR! K Tire PTcXM SVN[D _777- MOOO TO EARTH SEp AItAr c -:I PROVIDE ATTIC VENTILATION EQUAL TO 11150TIA ATTIC AREA. IF SO-- ON i 11 & IS p*WDED IN UPPER �Tf011 OF ROOF AN(I RE11A1MDER iS PROMOED _. N fOFM VENTS. IT MAY BE REDUCED ---GRJARDRAIL3 MAX GPIENINGS DEW,910S i ► : i . _ �'_ _ f .} - _ - - =_ wao uTatMk+R� To DIW Or -- _ i" `�' «�� = wpODTO EARTH SEOARATit Z" __ _ �t � -- - -.-�� ,}�' :. .. :tom zsi__►ti -ROVIDE ATTIC VlMTAATI)N XOUALM 1nWTM ATTIC AIIEA W 10X on 11011E Is PRONDEO IN UP}ER PORTION OF ROOF AND REMAINDER IS PAowRw A RESOLUTION GRANTING A VARIANCE PER MUNICIPAL ZONING CODE SECTION 10.08, SUBDIVISION 3 (A)7 FILE #1065 WHEREAS, Larry Martineau (hereinafter "the applicant") is the owner of the property located at 4360 Chippewa Lane within the City of Orono (hereinafter "City") and legally described as follows: Lot 3, Block 1, Chippewa Third Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.08, Subdivision 3 (A)7 to permit the construction of a non -rental guest apartment within the basement level of the principal residence at 4360 Chippewa Lane. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1065. 2. The property is located in the RR-lA Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 15, 1986, and recommended approval of the proposed variance based upon 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 exit to the rear yard at the walkout level, or indirectly to the garage. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant ar Iie effect of the proposed variance on the health, safety and wel re of the community. Page 1 of 4 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 va_.Lance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant,; and would be in keaping with the spirit and intent of the Zoning rode and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance per the Municipal Zoning Code Section 10.08, Subdivision 3 (A)7 to permit the construction and use of a non -rental guest apartment within the basement level of the principal residence at 4360 Chippewa Lane, subject to the following 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 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. Authorities granted by this variance run expressly and solely with the applicant and do not run with the prcrerty, but are permissive only and must be exercised by application for a building permit for the guest apartment kitchen construction within one year of the date of Council approval, or this variance will expire on that date (October 13, 1987). 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of tht zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 2 of 4 Adopted by the Orono City Coun: -' 1 on this 13th day of October, 1986. ATTEST: Dorothy M. Ha11in, ty Clerk Property Owners Mary C. Butler, Mayor Page 3 of 4 To: Mary Butler, Mayor Mark E. Bernhardson, City Administrator Orono Council Members From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: October 7, 1986 Subject: #1066 Ann L. Carson, 1317 North Arm Drive - Variance - Resolution List of Exhibits Exhibit A - Memo & Exhibits of 9/11/86 Exhibit B - Eilene Oleen Letter of 9/15/86 Exhibit C - Planning Commission Notice of 9/19/86 Exhibit D - Resolution U Wry OF IiiiijN0 This is a request for a side setback variance to construct an addition which continues along the existing line of the house which is 7.7' from the lot line, and for a hardcover variance. Please review the memo and exhibits of 9/11/86. Also in your packet is a letter from the neighbor to the north, rilene Oleen. The setback encroachment is to the south, but Ms. Oleen is concerned about additional drainage to her property. Planning Commission, meeting of 9/15/86, recommended approval subject to a removal of the equivalent amount of plastic under rock beds so that there is no net increase in hardcover over the existing 31.06%; and subject. to applicant working with staff to alleviate the drainage concerns of the neighbor. Staff feels that a redirection of garage roof drainage to the west and perhaps some minor swaling along the lot line where feasible, will help to reduce the effect of the natural run-off onto the Oleen property. A resolution reflecting the Planning Commission recommendation is attached for your review. TO: Mayor Butler Mark Bernhardson, City Administrator Orono Council Members Planning Commission Members FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: September 11, 1986 SUBJ: #1066 Ann L. Carson, 1317 North Arm Drive - Variance - Public Hearing Zoning District - LR-lB Application - Side setback, Hardcover variances to construct room addition and new decks. List of Exhibits - A - Application B - Plat map C - Property Owners List D - Survey with existing structures E - Survey with proposed changes F - Survey with Hardcover review G - Hardcover calculations Pertinent Facts - -Side Setback - Required : 10' -Side Setback - Existing : 4.6', 7.7' -Side Setback - Proposed : Continue along 7.7' line -(Deck is not an encroachment on south side of lot) -Hardcover allowed (250-500' zone) 30% or 3575 s.f. -Hardcover existing (250-500' zone) 31.06% or 3700 s.f. -Hardcover proposed (250-500' zone) 33.08% or 3940 s.f. -After construction, remaining rock w/plastic is approximately equivalent in area to net increase in structural hardcover. Discussion - This is a request Lo construct a room addition continuing the existing 7.7 foot setback along the south lot line. The addition incorporates decks which do not encroach on any required setbacks in the locations proposed (the deck along the south lot line is not considered an encroachment because it extends from the main floor of the house). The affected neighbors residence to the south is uphill, '.mince there should be relatively little impact on air, sunlight or open space etc. We have received no comments from the neighbor to the south. Zoning File #1066 September 11, 1986 Page 2 of 2 The neighbor to the north, Eileen Oleen, expressed a concern about the drainage onto her property from the existing garage. In fa ;t, the Oleen property is, in its entirety, downhill from the Carson property, hence the natural drainage pattern is onto Oleen's property. It would be nearly impossible for Carson to divert drainage away from Oleen. Staff would suggest that perhaps the best thing we can do from a drainage standpoint is to not allow excessive increases of hardcover on the property. Staff Recommendation - Staff would recommend approval of side setbacks and hardcover variances, based on a finding that the proposed additions will be no closer to the side lot line than the existing house, finding ,,.o �-ignificant detriment to air, sunlight or open space, and iJ'-,• ng no net increase in hardcover conditioned on p-astic :1ayment being removed from the existing rock beds. An u_.uitional hardship is that t1ii,; is a substandard lot created prior to current zoning standarcis. 71AJ 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 / --1-1 r7� yQrr� ) W rt fI kl 6 (-- � Property Identif J.,:at.ion Number (P. I.D. ) 0? — ' � � ' �-3 ' � f Please check one - Is the property abstract or torrens? Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT y 7 j_ 7 U? w Name ►-; r, , ! ;r . ►"5 a x Phone Mailing Address 1 1-7 1U0. 1'-IUD. /I CLwb s) ---------------------------------------------------------------------------- OWNER Name Phone �-►�7 -.3-�G 4� Mailing Address J, cI'JL 0I CluM Date Property Acquired (o (month/year) I (do)((do not also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District Present Use of PropertyResidential 1 Other (specify) --------------------------•------------------------------------------------- 0.2 DESCRIPTION OF REQUEST Estimated Construction Cost G 1 Describe request in detail: VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances ( Front _ Side Rear) Other --------------------------------------------------------------------------- 1_i i,,( C1 , `— 1 HARDSHIP .4a:IV/ n A, Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: a/L,:3T4,uv a' '�v -------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual pryperty conditions preventing compliance with Zoning Code Requiremen�.tys:�:o,uJ y�c�rvu,v ,Q�* w ej�, �,,.�,►�a -a (,(r, ---------------------------------------------------------------------------I REQUIRED SUBMITTALS Completed Application Form Certified Property Owners List of owners within 150' (you can ob--ain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Stamped, legal sized envelopes (010) pre -addressed to each of the names on the above list with no return address. Certificate of survey including hardcover calculations as required. Plat Map. ----------- --------------------------------------------------------------� The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. --------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature �.�t ci ��Cc�t %c �-J Date 6tee 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 ,'a j�,�/ ,� �� E_ Date ,1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - L11------------ 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. 03=38 - .N--Wft MOUND 85 2 q — 4 C, 7 2 2 0 LAJ 216 Z 7 3 4 4c 4 1:0 4? j 44 4 / `^PMMIT PARK 4 54 IL 2 3 4 2 5 VOC. DOC.', 2 o.d►g� \1, •�\ �� ti7^t: r ;,'�1 r�� "J 4 6e 4 4Ve ARZ 10 WAR* oo + � << ; '� �� Q> w 11 � / � 1 Ap 9 14 114 10, ZZ / t 21 .20! 17 If I19 / t. It co ltivc 16 lot 14 13 fo �e 19 �/ t�� c7�'v11 ; / I f s Q `� 12 21, de 112 x, 22 7 4 9111 Ill 4- 4 3 90'1 (FIT 24 sh R. '.S. A 0 It ♦ 12v 90 96 *�r Igo 15 Ac 1,te L 90 94 I dr RUN DATE 07/31/86 00, BATCH C05 38 07-117-23 41 0021 ow PPOP ADDR 01310 ELMI.'000 AVE C*i---R NAME GORDON N NELSON ETAL TAXPAYER GORDON N NELSON t.At:E/ALIDR 1310 ELir.;00D Allb MC:= YN 55364 �► 38 07-117-23 41 0031 PPOP ADDR 01305 NORTH ARM DR ":ER N.".`tE EILENE M OLEEN ,-'XPAYFP. EILFEN OLr.Et4 ^► NAY:E/ADDR P 0 BOX 57 MOUND t'N 55364 .w► 38 07-117-23 61 0083 P'0P ADDR 01320 NORTH ARM OR C:.?;ER NAME E T & E L JC;iNSTCN �+► Tt.:.PAYER EC' -'APO T JCHNSTON 2:�;:E/ADDR 2501 [LAISDELL AVE SO MPLS t21 55404 rI 38 07-117-23 41 0038 MOP ADDR 01304 LLt::t000 AVE Am C:. iER NAME RICHA O J JOHNSO'l ET AL TAXPAYER RICHARD J JOHNSON t,APlE/ADDR 1304 ELt7-200 Y.OU10 t^.l 55364 AM HEt4EPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 07-117-23 41 0029 01301 NORTH ARM OR ELIZABETH L ORESSEL ELIZABETH L DRESSEL 1301 NORTP ARM OR Y,OU'M MN 55364 38 07-117-23 41 0032 01317 NO^TH ARM DP. ANN L CARSON At:1 L CARSCII 1317 N ARM DR MOUt:D rN 55364 38 07-117-23 41 0084 01350 NORTH ARM OR 6 A OLSON A C M KROLL ERUCE A OLSON AttO C014CCRIIA M KROLL 13,50 KORTH ARM OR ORO;:O MN 55364 TOTAL BATCH 005 00010 REPORT NO. PI435401 PAGE 9 38 07-117-23 41 0030 01305 ELMWOOD AVE KEITH E SIMONS/PERSONAL REP TIMOTHY PLAZIAK 1305 E LM OOD AV t'OUN0 MN 55364 38 07-117-23 41 0081 01331 NORTH ARM OR 14ALTER G SIEFF 14 GRADY SIEFF 1331 NORTH ARM DR ORONO r.N 55364 38 07-117-23 41 C036 01345 KORTH ARM OR FRED S RYAN ET AL FRED S RYAN 1345 NORTH ARM OR MOUND MN 55364 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEI.RS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PR11PERT7 'TAXATION/TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE /-BY l� 1Qe �; d' -ro . • dot. Certificate o:' Survey for Jares D. Carson of Loot 3, °lcck 7, 3tAiga Hi U Rovi ;ed Her nepin Ccurty, i:inneso;a EX S�e.0 ct�� ►CES �C L I hsrotr certify th4t this is a true / r / and correct rooresentation of t. surv,.:v of ti::; bourd,ries of Loot 3, Floc•r. 7, / Sa;'a hill havirod, Fevn-pir. Cc., t•irr., and the lorast:er. cf all exist.z:L: t`.-er,-or. It rot rurport to shop; other ir.prove:-ents �r. i er.crnac::r,rt,�, 4- -d - .. - . 4o, CC�:'..r� v.4 Jitr� Q-:1-eC :,and and A-mr..- o Iron mrr.ir ,oa, ve- Cnrtilirate of cu, y for Jar,s D. Carson of :,ot 3, Icrk 7, Sup ijil Aleviceo Hennonin Ccunty, Flnnesotg FONAL, L.AYO"lr Al ",6 / io oe n� I her -Ay ecrtily tliL:t tt:ls J:; ts true and correct reoresentlation of ,, sum.,; of tr.; bour.darien or Lot 3, rlork 7, -a,-a hi 11 Fejawpir. cc. hirr., and the lorat.,en rf all oxistli.c !,L!'.Anj-!i t' er--�Oj-. It s r o t nurport to show other Irprov-rents i,rd errmuchrort!l. Srulf�- 401 Go r�., : o Iron Certifirate o- Survey for Jar•es D. Carson of i4t 3, lcc;c 7, 0 _a dill acviced Hennenin Ccurty, Vinnesotg EX/SrJti (, HA,eDGDUc'2 T /Ncw,6ASsr wIT-4 Pao Pos*L (SN�Dcr� s '3° srDEwgLK , too av .t ��r , � f� •.Z �` �7 so i / I her•:!by ecr ti f,., tt: _ t t) : s is a true / ano correct reareseiaat.ior. of ,, sLm,,;;• of th_! bouz-A:rier of 1,o:. 3, rlr r' 7, �a,-A ct.)v :; ��, heral." it Co. , t. ir.r.. , and th^ lovz!t:cr, or sil existit:E; V-er•,or. It '.nsC. not ourxrt to shot: other inprcc,•rents 3 1 ; ar.crcac::ranf, ot?� l •.- �'' Gor.;or:r. , ��. ':': n Nc .�`,4 4 DAR 4-: 1-c0 : snd ,M. v, yor .:ni .1'�:.r... 0 Iron rw r : -r ORONO HARDCOVER CALCULATION WORKSHEET LAKESHORE SETBACK ZONE A. Existing lot area in zone B. Existing hardcover in zone C. Existing hardcover percentage [(B.A) x 1001 D. Proposed hardcover in zone 0-75' sf sf % sf 75-250' sf Sf sf 250-5001 sf 001 Sf sf 500-1000' sf sf "/ sf Directions: ► :5eur- S� ,t�.a•2DC�tJe/L /ti//r'tN E. Proposed hardcover percentage [ (NIA) .x 1001 F. Allowed hardcover percentage 0 y C, 2 5 '/ 5 J_� 30 c/ 3 5 0 A. Existing Lot Area in Zone - includes the total square footage of dry buildable land within the specified zone. B. Existing Hardcover in Zone - includes the square footage of existing roofs, decks, sidewalks, driveways (gravel or paved) and other rain -impervious surfaces within them -scified zone. C. Existing Hardcover Percentage - divide the number in B by the number in multiply by 100. D. Proposed Hardcover in Zone - includes the existing hardcover plus all pr- . 1 additional hardcover. E. Proposed H--dcover Percentages - divide the number in D by the number in A and multiply by 100. F. Allowed Hardcover Percentages - if the percentages in column E for any setback zone exceed the allowed percentages in column F, you should contact the Zoning Department at 473-7357 to discuss the possibilities of obtaining a variance. Generally, if a concurrent removal of existing hardcover matches the additional hardcover proposed, resulting in no net increase o* --dcover in a specified zone, a variance may not be necessary. �ti 43 3 C" v LAKESHORE REGULATIONS AND ,IIARD�OVER `1 1 �i SEC. 10.22. REGULATIONS FOR "LR-IA", "LR-lA-1", "LR-1B", "LR-lC" AND "LR-lC-1" ONE FAMILY LAKESHORE RESIDENTIAL DISTRICT. Within any "LR-lA", "LR-lA-101, "LR-1B", "LR-lC", or "LR-lC-1" One Family Lakeshore Residential District the following regulations shall apply: Subd. 1. Lakeshore Set Back Regulations. The set back from the shoreline for lakeshore lots shall be at least 75 feet and no building may be located closer to the shoreline than the average distance from the shoreline of existing residence buildings on adjacent'and nearby lots. Subd. 2. Lakeshore Hai, Cover Regulations. Within 75 feet of shoreline there shall be no excavating, filling, hard cover, temporary or permanent structures. Within 75 to 250 feet of the shoreline there shall be no greater than 25% hard cover. Within 250 to 500 feet of the shoreline there shall be no greater than 30% hard cover. Within 500 to 1,000 feet of the shoreline there shall be no greater than 35% hard cover. Subd. ,. Tree Removal Regulations. No trees within 75 feet of the shoreline with the diameter of six (6) inches or more shall be removed without first obtaining a permit from the Council. HARDCOVER LIMITATIONS i L P 0-75' Zone - 0% Hardcover allowed 75-250' Zone - 25% Hardcover allowed 250-500' Zone - 30% Hardcover allowed 500-1000' Zone - 35% Hardcover allowed Percentage hardcover for each zone is calculated as follows: Area of hardcover in Lone (sq. ft.) Area of lot in zone (sq. ft.) NOTE: Measure perpendicular not along the X 100 - Percentage of hardcover in zone setback distances to the shoreline, lot line. r r, ls� P . 0 . B ox 57 (1305 North Arm Prive) Mound, Minnesota 55364 September 15, 1986 ORONO PLANNING COMMISSION May I reiterate my comments in my recent telephone conversation within this last week with regard to the matter of the proposed alteration of the Carson property, your item #1066. Because of the results after the erection of their garage next to my Easterly property line, I-'-enuously object to any additional alterations of any kind. At the time Mr. James Carson asked me to sign his petition to unable him to build said structure, we made a pact regarding the effect on my homestead. However, after the garage had been built this pact was completely overlooked. Not only was his garage "banked" on three sides with stone pebbles to keep the rainfall from soaking into his land (thus providing a perfect "catchall" of that water on my slightly lower land) but ..'so while I had been away at work, Mr. Carson lined the boundary line with .arily planted trees. These trees have been growing upward and sideways unti- .,.,w the leaves provide a veritable umbrella, preventing any of the sunshine to penetrate to my "wetlands" (since ere, 'on of his garage) but pliable enough to allow every drop of rain through. _his keeps the ground so soft until middle or very late summer that it is impossible to keep my new lawnmower from sinking inches into the ground. By the time my lawr finally dries out enough to get the lawnmower through, the grass and weeds are so high I find it impossible for me to cut them, due to the overheating of the mower. (In passing, I might add that originally there was only a slight slope between the Houghmaster property and mine, but since the Carson trees, it has become well pronounced - possibly due to the "mounding up" of those trees necessary when planted.) When I requested Jim Carson to trim his trees so I might have a little sun- light falling on my lawn, he advised me of the few trees planted next to my house that I should cut down instead (denying me any windbreak in the winter or shade in the summer.) He then stated that i reall: did not own any of the trees except those midcenter of my land (contrary to the information I was given when I purchased this property). Mr. Carson seemed to take pleasure in moving the stone marker at the corner of my lot to any position he chose. It seems very odd to me that the boundary line as described to me by the realtoi when I moved in and again as described to me later by Mr. Houghmaster - from whom Carsons purchased their lot - should suddenly move after Mr. Carson erected his garage. With this kind of cooperation from the Carsons, I fear the results of their future building. With the front third to half of my side lawn eroded by the result of their past construction, I dread any future erection. I'm sure the end result would be the same - stone pebbles lining the construction line and rainfall on that land flooding my lower elevation. When I moved here I purchased a beautiful. home site; since the era of the Carsons, it has become a jungle. I respectfully beg you to deny the Carson request for line devian:.e and added construction. ZONING FILE NO. 1066 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 9/19/86 ----------------------------------------------------------------- TO: Ann L. Carson COPIES TO: 1317 N. Arm Dr. Mound, MN 55364 TYPE OF APPLICATION: XX Variance ----------------------------------------------------- DATE OF MEETING: 9/15/86 VOTE: 6 For 0 Against Planning Commission recommends the following: XX Approval: Subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1) Approval of variance for 7.7' side setback. 2) Applicant must remove an equivalent amount of existing hardcover (remove plastic from landscape rock beds) to maintain hardcover at the existing 31.06% (3700 s.f.) level. 3) Applicant to work with City staff to attempt to redirect drainage from garage arep so it will decrease the effect on the neighbor to the north. This item will be scheduled for final Council action on Monday, October 13, 1986. I am enclosing a copy of a letter submitted to the Planning Commission by Eilene Oleen. ----------------------------------------------------------------- Applicant's next schedules: meeting is confirmed as: Council Monday Octoberr 13, 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 VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND 10.24, SUBDIVISION 5 (B) FILE #1066 WHEREAS, Ann L. Carson (hereinafter "the applicant") is the owner of the property located at 1317 north Arm Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot 3, Block 7, Saga Hill Revised, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied co the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) and 10.22, Subdivision 2 to permit the construction of a room addition 7.7 feet from the side lot line where a 10 foot setback is normally required, and which addition and attached deck will exceed the 30% hardcover iimitation in the 250-500' lakeshore setback zone. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1066. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 15, 1986, and recommended approval of the proposed varip-ce based upon the following findings: The neighboring property to the south, aQ jacent to the v, oposed addition, is higher in elevation and will experience no infringement on light, air, or open space as a result of the addition. B) The additional hardcover can be offset by removal of existing plastic under decorative rock beds. 4. The proposed additions and concurrent removal of equivalent amounts of hardcover are expected to result in no increase in the amount of run-off from the property. The neighbor to the north has requested relief from the existing natural drainage pattern towards her property. it is possible to partially re -direct drainage further west to decrease the effect on the neighboring residence. Page 1 of 4 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff., comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subi'i.vision 2 and 10.24, Subdivision 5 (B) to permit the construction of room addition 7.7 feet from the side lot line where a 10 foot set,ack is normally required, and to permit hardcover in the amount of 3,700 s..r. (or 31.06%) in the 250-500' lakeshore setback zone, subject to the following conditions: 1. Applicant must remove an equivalent amount of existing hard- cover (remove plastic from landscape rock beds) to maintain hardcover at the existing 31.06% (3,700 s.f.) level. Applicant is advised that any future proposals to increase hardcover on the property will not be approved, but might be approved only with concurrent removals of existing hardcover, resulting in no net increase in hardcover. 2. Applicant shall redirect drainage from garage area so it will decrease the effect on the neighboring residence to the north. 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 (October 13, 1987). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 2 of 4 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 t°.ie Orono City Council on this 13th day of October, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Property Owner(s) Page 3 of 4 I lb �iP. E l . cc 3 To: Mayor Butler Mark E. Bernhardson, City Administrator OF Orono Council Members! From: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: October 1, 1986 Subject: #1067 Herbert T. Olson, 3640 Bayside Road - Variance - Resolution List of Exhibits Exhibit A - Memo & Exhibits of 9/9/86 Exhibit B - Planning Commission Minutes, 9/15/86 Exhibit C - Resolution This is a request for a side setback variance to construct a kitchen addition. Please review the memo and exhibits of 9/9/86. Planning Commission recommended 6-0 to approve, finding that the proposed location for the addition on the west side is a result of hardships to other locations due to topography, drainage, existing trees, and the layout of the house, and that the lot line to the west was created recently as part of the "Riedel's Stubbs Bay Addition" but did not anticipate expansion to the west. Staff recommends approval per the attached resolution. To: Mayor Butler Mark E. Bernhardson, City Administrator Orono Council Members Orono Planning Commission Members From: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: September 9, 1986 Subject: #1067 Herbert T. Olson, 3640 Bayside Road - Variance - Public Hearing Zoning District - LR-lA, 2-acre Application - Side setback variance to construct a room addition List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Topography and Layout of Nearby Lots Exhibit F - Hardcover Calculations Exhibit G - Septic Layout Pertinent Facts: Left Side Setback: Lot Size: 2.0 Acres Required = 30' Proposed = 19.9' Variance = 10.1' or 34% Discussion: The applicants are requesting a side setback variance in order to construct an addition to their existing home. They note that steep grades uphill and downhill from the house, the location of existing trees, drainage, and well location are factors that present hardships resulting in the location of the proposed addition. The addition is for a new kitchen. Note that applicants installed a new septic system in 1981 which is working well. The impact of the variance on the only property affected, immediately west of the house, appears to be very minimal. The neighboring lot is vacant, and based on the topography the likely place for a house on it would be centrally located, hence no significant encroachment on sunlight or air is apparent. Nor would the addition have any effect on the development on the vacant lot. This house was constructed many years prior to the plat of "Riedel's Stubbs Bay Addition" in 1975, which created a conforming setback but did not anticipate future additions. Zoning File #1067 September 9, 1986 Page 2 of 2 No comments have been received from the neighboring property owners as of this writing. Staff Recommendation: Staff recommends approval based on the following findings: 1. Location of the proposed addition to the west side of the existing house as a result of hardships to other locations due to steep slopes, existing trees, drainage, and location of the well. 2. The house was constructed prior to the recent "Riedel's Stubbs Bay Addition" subdivision which did not anticipate a westward expansion of this house, and which created the lot line just west of the house to maintain a 2 acre lot size in the westerly lot. P.C. q- �r- �3(o r^� s T-n ��ri �c �,ue, 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 36"o 9AXS 1-DE R OAV �( Property Identification Number ( P . I . D . ) -��/Z 11 Please check one - Is the property abstract or ^ torrens? Please attach legal description to application if not included on required survey. 6-1 SvRu lay ----- -------------------------------------------------------------- APPLICANT Name /-j0tdCa:-r T- Oeso•.► Phone 41 L 473 Mailing Address Aqo§A 6 LA..t&4L6- p1,j. SJ3-S6 61Z ---------------------------------------------------------------------------- OWNER Name kev.%c,..T T- OLSo-J Phone 6# Z *73 Zt3 G I ailing Address J«p BAYS/16 SO LOPJ6Loft W-el MfJ SS3.14 Date Property Acquired Or-T 1 191 L (mcnth/year) I (fiA (do not) also own the adjacent parcels of land. -------------------------------------------------------------------------- PRESENT USE OF PROPERTY it Present Zoning District Present Use of Property KESIIA L.. Re3idential Other [specify) ----- -------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost. Describe request in -letai 1 : APO 16* V XV XtTct-404 vEtT Lipi of �NOL4E ---------------------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Width I1ardcover Setback Variances ( Front _i�_ Side Rear) Other --------------------------------------------------------------------------- HARDSHIP Describe undue enforcement of "a" Cis. hardship or practical difficulty resulting from strict zoning regulations: e^,, n ,gQ- Mitt Apo#Tie.J To ---------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning REQUIRED SUBMITTALS 1. Completed Application Form C tified Property Owners List of owners within 150' (you can obtain tnis list from Hennepin County Department of Finance A-603 Govt Center 348-�271). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if t'a above information has nit 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 nusual expenses incurred in review of this application, and certifies that .he information supplied is true and correct to the best of his/her knowledge Applicant's Signature CP^J1+_j L Date $— i —,&L OWNFRS SIGNATURE The owner hereby ackowledges and agrc es 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 r,�vuest. Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held n the third Monday of each month. 1 � c no a 42 . e o v� 98/ 42 ^' S 45�, D° ° — 991 15 /a 395 °0 0 0 0 �N 3O��U y9�sS� ! 41 q) 1 , z ! I si�R` S0 t Sy�i YBf" V�... "038 ^Q`��i, 3/6� •s850 \ — -- 494 14 Qj s 91 EI[EEM ST I: \fie/.. It %,(/ cam, 33 i5o, 'siw 3 v4i33 r.r''' 1 � � ,; . I 13 ,�• :,: Q _ 31 o > l��) `\ �� is1, "rU2�w 3q' : / Vol Of 8 PUP �. 1940 Are f',�PIo! RLRJ O•TE 0S/30/86 ?ATC3 01i 38 05-117-23 1' 10 /• 'POP ADDR 03580 BAYSIDE u O1.'NER N"ME .. E r:OPTON ETAL TAXPAYER 'VICTOR E NORTOtl NAME/ADOR 35 BAYSIDE R0,0 *, LOr;G LAKE MN 55336 33 05-117-23 21 0012 PROP ADDR OWNER NAME JOHN G PIDGEON t WIFE 'AXPAYER JOHN E MAGDALEN PIDCEOTJ t:At1E/ADDR 10912 GLEN WILDING LANE BLOC:,INGTON HN 55431 33 05-117-23 .'4 0023 PPOP AL' J C1�::ER NAr7E HERBERT T Ut'Gtl + 'E ,mk� TAYPAYEF HERBERT T 'J "?7!J NAME/ADDR 3640 BAYSI' LCt:G LAKE . 4 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 05-117-23 13 0048 VICTOR E NORTON VICTOR E NCRTON 3580 BAYSIDE RD LONG LAKE VN 55356 38 05-117-23 21 0013 03630 EILEEN ST G A C BURN HART GEORGE R BUPKHART 3630 EILEEN ST MAPLE PLAIN tIM 55359 38 05-117-23 24 0039 HERBERT T OL'.ON 8 WIFE HERDEt T ^LLON 3640 DAY` `E POAD LONG LAKE in+ 55356 REPORT NO. PI435401 PAGE 4 38 05-117-23 21 0011 03640 BAYSIDE RD HERBERT T OLSON E WIFE HERBERT & JANE OLSON 3640 BAYSIDE RD LONG LAKE rN 55356 38 05-117-23 21 0014 03620 EILEEN ST VINCENT K Eu.,NHART VINCENT K BURNHART 3620 EILEEN ST MAPLE PLAIN NN 55359 TOTAL BATCH 003 00008 I CERTIFY THAT TH7 FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATICM OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEtTtEFIN COUNTY DEPARTMENT OF PROT TY jAXATION, TO THE BEST OF MY KNOWLED! E .cM BELIEF. �� / DATE BY Plat of %rve (r�� for Herbert '* -# I ' ^ 9 - 1 of Lot 1g Block 1, Rii .obs -Ray Addi*ion Hennepin County_ xirw.a,,._ EILCZN Srltaar !]o.s�' Ls 7 N 1�+J 4itoPos ='> I I Ix al' Ad 07-W I '' = ss'_ b N "OSS /I'W 133 Zv ar•s� r M11 Co. Ro. Ne. Sa Certificate of Survey: I hereby certify► that this it a true and correct representation of a survey Of the boundaries of Lot 10 Plock 1, Rie�iel's StuLbs Iisy Addition, end the location of all existing buildings *hereon. It d not pui'por to s v o or Improvements or encroachments. Scale: 1" = 601 Date 9-13-76 Gordon R. Con Ra o. 6a64 C : Iron marker Land Surveyor d Pie nne r Long Lake, Minnesota N "OSS /I'W 133 Zv ar•s� r M11 Co. Ro. Ne. Sa Certificate of Survey: I hereby certify► that this it a true and correct representation of a survey Of the boundaries of Lot 10 Plock 1, Rie�iel's StuLbs Iisy Addition, end the location of all existing buildings *hereon. It d not pui'por to s v o or Improvements or encroachments. Scale: 1" = 601 Date 9-13-76 Gordon R. Con Ra o. 6a64 C : Iron marker Land Surveyor d Pie nne r Long Lake, Minnesota I 36cto fix. s�d� Qc{ '� "' ) % I, /f, �• Sketcl, z " :'rc-., .. - . 49, Aueltc 'a F.C. Formepl."i C 1:4 NO Cl .0 16 x V, IL LAKESHORE SETBACK ZONE 4 ekrw%'� .ORONO HARDCOVER CALCULATION WOREET 4a�7 A. Existing B. Existing lot area hardcover in zone in zone C. Existing hardcover percentage [ (B ;A) x 100 ) 0- 7 5 i�.,, �% s f sf /A 75-250' 11,t'-V r_ sf 250-500' t �1 �'� sf sf `+LiLl sf 500-1000' _ sf sf Directions: r/A D. Proposed hardcover in zone E. Proposed hardcover percentage [(D;A) x 1001 sf sf O. 7 sf 9/a s f N� F. Allowed hardcover percentage 0 25 30 35 A. Existing Lot Area in Zone - incluc --he total square footage of dry buildable land within the specified zone. B. Existing Hardcover in Zone - includes the square footage of existing roofs, decks, sidewalks, driveways (gravel or paved) and other rain -impervious surfaces within the specified zone. C. E—sting Hardcover Percentage - divide the number in B by the number in A and multiply by 100. D. Proposed Hardcover in Zone - includes the existing hardcover plus all proposed additional hardcover. E. Proposed Hardcover Percentages - divide the number in D by the number in A and multiply by 100. F. Allowed Hardcover Percentages - if the percentages in column E for any setback zone exceed the allowed percentages in column F, you should contact the Zoning Department at 473-7357 to discuss the possibilities of obtaining a variance. Generally, if a concurrent removal of existing hardcover matches the additional hardcover proposed, resulting in no net increase of hardcover in a specified zone, a variance may not be necessary. .J 1 �r plc, VEWAy r Ito 1 � o� Iv -► i ,N /OWN 30'2 , 13p� 1 ' *PJL 2 1 /N 20 y' '3 CcR1 m Z L IoF �'F,) 1� i/♦ S c w /g' 3 213' 7 Ta TANX S Ec,x 1 2814 30' -7 2 3i ll 344'11 ' 1 3 43) 38�6 I 1 I _ BAYS ID E ROAb A RESOLUTION GRANTING A VARIANCE TO [MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 (B) FILE #1067 WHEREAS, Herbert T. Olson (hereinafter "the applicant") is the owner of the property located at 3640 Bayside Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 1, Riedel's Stubbs Bay Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of a room addition to be located 19.9 feet from the side lot line where a 30' side yard setback is normally required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1067. 2. The property is located in the 1,I-1A Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 15, 1986, and recommended approval of the proposed variance based upon the following findings: A) Location of the proposed addition to the west side of the existing house is a result of hardships to other locations due to steep slopes, existing trees, drainage, location of the well, and the existing room layout in the house. B) The house was constructed prior to the recent "Riedel's Stubbs Bay Addition" subdivision which did not anticipate a westward expansion of this house, and which created the lot line just west of the house to maintain a 2 acre lot size in the westerly lot. 4. The proposed addition will not in any way limit the development of the adjacent Lot 2, Block 1 Riedel's Stubbs Bay Addition. Page 1 of 4 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of a room addition to be located 19.9 feet from the side lot line where a 30 foot side yard setback is noYmally, subject to the following conditions: 1. The applicant is advised that the currently proposed room addition may not be constructed or modified to be higher than the peak height of the roof of the existing house, without an additional variance review. 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 13, 1987). 3. Violation of or non-compliance with an; of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 2 of 4 Adopted by the Orono City Council on this 13th day of October, 1986. ATTEST: Dorothy M. Hallin, City Clerk Property Ovmer(s) Mary C. Butler, Mayor Page 3 of 4 To: Mayor Butler Mark E. Bernhardson, City Administrator Orono Council Members From: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: October 6, 1986 Subject: #1068 Dr. Glen Nelson, 500 Tonkawa Road - Variance - Resolution List of Exhibits GCT i 3 199u Exhibit A - Memo & Exhibits of 9/10/86 Exhibit B - Planning Commission Minutes 9/15/86 Exhibit C - Notice of Planning Commission Action 9/19/86 Exhibit D - Resolution This is a request for a variance for temporary guest apartment use of an addition to the Nelson residence. This request is unique in that the apartment may be entered only from outside the house or through the garage area. Please review the memo of 9/10/86 and Planning Commission minutes of 9/15/86. Planning Commission recommended 6-0 to approve, subject to the following conditions: 1. The second dwelling unit is allowed as a guest apartment only, to be used only for relatives and non-paying guests of the current property owners. The unit may not be rented out. 2. The two-family dwelling or guest -apartment use shall cease at such time the applicants no longer own the property. Any sub- sequent property owner must re -apply for a two -dwelling unit use. A resolution reflecting the Planning Commission recommendation is attached for your review. To: Mayor Butler Mark E. Bernhardson, City Administrator Orono Council Members Orono Planning Commission Members From: Mi• iael P. Gaffron, Assistant Planning & Zoning Administrator Date: September 10, 1986 Subject: #1068 Dr. Glen Nelson, 500 Tonkawa Road - Variance - Public Hearing Zoning District - LR-lB, 1-acre sewered Application - Variance to allow guest apartment within principal structure. Lot Area - 3.66 Acres List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey/Site Plan Exhibit E - Structure Layout Pertinent Facts: - Current structural additions meet all setback requirements. - Well is going to be moved to accommodate addition. Northwesterly wing is to contain kitchen/bath/living room/bedroom - connected to main house only through garage, ►ias its own separate outside entrance - proposed only for guest apartment use, no rental use intended - proposed to do double duty as a "staging" area for catered affairs, etc. Permits have been issued for proposed additions, except kitchen installation pending this application. Discussion: The Nelsons are requesting a variance to allow a second dwelling unit to be constructed onto their existing home. The intent is to provide a relatively private area for their guests, as well as create a "staging" area for entertaining. The adition could also be used as a caretaker apartment. It is clearly a separate unit as one must traverse the garage before entering the main house. Zoning File #1068 September 10, 1986 Page 2 of 2 Thls does not fall into the category of a guest "house" because it is attached, hence staff feels the Gue:t House Conditional Use Permit Code Section is not pertinent. Thi.: would fall under the "Temporary Two -Family Housing" Code Section '0.08, Subdivision 3 (AM Because this is a variance, the City can place whatever conditions are necessary on any approval, in orCer to ensure that single family residences do not become duplexes. Nate that the proposed layout does not meet the criteria for a main access entryway within the principal dwelling, which the Council has generally held to in similar applications. This should be an item for discussion. Staff Recommendtion: Staff would recommend approval of temporary "two-family dwelling" status for the Nelson residence under the following conditions: 1. The second dwelling unit is allowed as a guest apar''-me.it only, to be used only for relatives and non-paying guests of the current property owners. The unit may not be rented out. 2. The two-family dwelling or guest -apartment use shall cea, t 6uch time the applicants no longer own the prci Any subsequent property owner must re -apply for a two-,- ng unit use. Note t 5taff expects to bring forth a proposed code amendment in ober creating appropriate standards for this type of guest apartment. PC,, t. ORON VARIANCE APPLICATION Ind � 1 ic i 9 Nle 50.00 $50.00 per each additional variance) Renewal Variance"e 0"Pe07 (no .0 change from original application) After -the -Fact Fees (Double application fee) --------------------------------------------------------------------------- PROPERTY LOCATION Site Address Property Identification Number (P.I.D., QS7 I - zi 0003 Please check one - Is the property abstract or — — torrens? Please attach legal description to application if not included on required survey. ---------------------------------------------------- ------------------- "PLICANT Name DArLC— Phone - 271. 3033 IM'"4444. W61*fWFA W4441ft*s 1 Mailing Address JLsi ywiv. tr&- SE. Se-viS 39b MFLS. AAFJ- 45414 ----- ------ ------------------------------------------------------ OWNER Name bg G t. 14 NJeLs Ot-4 Phone Nailing Address 5700 LAKE MO. Ch— Date Property Acqui ed (month/year) I (do) (do not) also own the adjacent parcels of land. ----------------------------------------------------- ----------------------- PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) ---------------------------------------------- --------------------------- DROCAIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: 7(ofd OF ArPJ AWITtapj, --------------------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances Front Side Rear) Other elf", (4 1-:- -- -r 11 ,0 JFT- 1,' 3 let t A- ',< --------------------------------------------------------------------------- HARDSHIP Describe undue hardship or practical difficulty resulting frc,, r__t enforcement of zoning regulations: ------------------------- --------------------------------------------------- DESCRIPTION OF UNUSUAL PROVEP-Y COUDITIONS Describe unusual property conditions preventing compliance with Zonin-,, Code Requirements: REQUIRED SUBMITTALS Completed Application Form Certified Property Owners List of owner thin 150' (you can obtain this list from Hennepin County Department -. Financ, A-603 Covt ' iter 348-3271). '�. r amped, legal sized enve 1,jpes (# 1 C) pre -add- ssed eact. the Y. ie: on the above list with no ret• address. la.) Certificate of survey including hardr—er calculations as required. f'5Plat Mac- 'rh Applicant and Property Owner must sign t pplication. 2lease rer,ember that your variance a j�plication is n, )mplete if the above information has nCL been included. APPL CANTIS SIGNATURE The applicant hereby agrees t-. i information required or regt?t.;t,. i Ly - Zoning Admir= _ :.•.r-ens to pay all fees and/or unusu<,1 expenses incurred in ram, ..,,. appi,icaticn, and certifies that the , nforr;ition r• ,%.:,2 Led is t.,. corrt;et to th'• 2 ` -3f his/her knowledge, ant's Sig.. :ure yvy/I�iiM,, CDC Date 6(O ONNRRS 3116NATURE The owner he y ackowled�: ar. !e -and agrees to this application and further At•'.'10 rc .. .)nabl e entry unto the property by City staff, consc l t ants, ;-;ger. *s, Commission r .mbers, nd Counc:' s f:,c inurposes of inve a- tt ri and verif ic.-t of th- request.. 11, Owner's Sigt.:tu Z �Ci �:3 �a.1�'} De*e A ; ;. ---------- - •,y------------- Applicant niust have al sutmitta .f the L'iLy office days before the Planni ig c:,mr,issi.otj Meetirc?. Pi. _. Commission Meetin irr held on the third MonCay r_ f each s ,i, t. 32 G L �•. �� 1.01 I, blocA I REMONT HEIGHTS° 17,; c I JLY JLY i Jl4 ` vv�/ cif, .�� . �_, 2v•, ^'� f R.L.S. NO 576 �. . r- A ,, : s � ^o.t '•'y4' Ili "v.`f:-. i_� �' �J- fv • C` f °GfJ i \Q IP 4 4 1 LV Y. • /r I U � � Q o z 1 .h , � D •n Ct �. TI 4 � y 40 O rIf' 3,1E5 �E"`ZPE E6F JLir c. r (4) loo r Id c -- - -- AL S� PUN DATE 08/11/86 Am ETCH 013 38 05-117-23 32 0002 Aft FROP ADDR 00460 TONKAWA RD C'.:ER NAME EDWIN C GAGE ETAL TA' -'PAYER GAGE EDWIN C ►AME/ADDR 12715 B STATE HWY 55 Am MPLS MN 55441 �► 38 05-117-23 32 0005 PFCP ADDR, 00520 TONKAWA RD Cl-'NER N4ME PREMIUM SERVICE CCR.P TAXPAYER CARLSON COMPANIES INC NlrE/ADDR 12755 HWY 55 % TAX DEPT MPLS tom! 55441 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 05-117-23 32 0003 00500 TONKA14A RD GLEN 0 NELSON FTAL DR GLEN D NELSON 500 TONKAWA RD LONG LAME MN 55356 38 05-117-23 32 0006 CURTIS L CARLSON CURTIS L CARLSON 550 TONKAWA RD LONG LAKE M24 55356 REPORT NO. PI435401 PAGE 23 38 05-117-23 32 0004 00550 TONKAWA RD CURTIS L CARLSON CURTIS L CARLSON 550 TCHKA14A RD LONG LAKE MN 55356 TOTAL BATCH 010 00005 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE At."J TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PRO ERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. 1: / DATE +� �► %�vE�i --- -X -c�iS-,JCS - e.._CAAP � Chi QG01I % pZ v� y` f JK wes.k. V f1! ti A»,TIo�tS 001 I072.,sCPS NN M�►.nr., vra►� b lil - - SOLID CORE SELF CLOSING ' �O'E Wm'� . rvsa ?• ya,. AN '• Ste. i All, 40 , ; k, . . � - 7-i Q� b #4 r CKIST 3 C�aa f bi �Hb� 6 R 14,'T I ' ' I ' �—�•47�. Aht�s'. VDW Wo.:o IL saw I = 8X.4r{ wP pw0L 9 �ATCM GW X CX4T. A61,4, NTO M M. VQ �� •� ci -- - o'Q� I Al 11 ► ri ti uNG. \P, 1 P .wS P ,t%X ,!l, ob�� ,,w• 3 v �� V c�0 �dQ / 57• wrtti 1 UIIL " 1�� \ Q. �3.1? ceNT. / re �It Pc�C -O ✓Jbxic L,r4TGL Z Ii f, jI W�S�,&;A yoTT. r y�I I 1- n 5 co•.T. 'of Pit vi IGOP CV%ioa 10 & -0 IJS- b. �I n I /,_ J 2 X$ FxM� E�Ann .� �' 2"f31. -- � \ I �GK.ri�W: :gyp•, ,t� LU 'T' i ..' �'-C I-. h N/ 1. "!� ti F- � r • ir'�'p !l :s � � 'Il..l. a!) I BEDROOM WljoDQYVS; N �.," I ( Ni E .• : V� i FIRE EXIT REQUIRED II20" MIN. CLEAR WIDSH ! yrpt,f; pobg � 24" MIN. CLEAR HEIGHT 5.7 SQ. IT. MIN. OPENING 48" MAX. SILL HEIGHT • -Aid o,*.� 2" GrnJ WA".k, O t TY'IGA6. � 3 • " 5 LoMT, I '� /,�066 DR. GLEN NELSON S00 TONKAWA ROAD VARIANCE PUBLIC HEARING 8:15-8:26 The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron explained the request to allow a guest apartment within the principal structure. It was noted that the proposed additions meet all setback requirements. The northwesterly wing addition is to contain kitch/bath/living room/bedroom connected to house only through garage, has its own separate outside entrance - proposed only for guest apartment use and "staging" area for catered affairs. Representing the applicant, was their architect Dale Mulfinger. He showed the Planning Commission a scale model of the proposed additions. He noted that the apartment will be used for guests, mother-in-law, and possible live-in employees. The purpose of the additions are to provide more square footage for entertaining. Assistant Zoning Administrator Gaffron noted that there are no hardcover or area problems. He also noted that the variance would 13e filed in the chain of title therefore not transferrable to a different owner. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Goetten, seconded by Bellows, to recommend approval per staff's recommended conditions. Motion, Ayes 6, Nays 0. #1069 JIM WILLIA14S 2725 ETHBL AVENUE VARIANCE PUBLIC HEARING 8:28-8:40 The Affidavit of Publication and Certificate of Mailing was noted. Jim Williams was present for this matter. Assistant Zoning Administrator Gaffron explained the requests as follows: ` 1) Side setback variance to add a second story to applicants existing house which is 4.2' from the side lot line. Noting that applicants house is generally down hill from the affected residence to the north which is 43' from the lot line cleating 3ittle impact on the affected neighbor (.affected neighbor has not comma ,d on the proposal). ZONING FILE NO. 1068 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 9/19/86 ----------------------------------------------------------------- TO: Glen & Marilyn Nelson COPIES TO: Dale Mulfinger 500 Tonkawa Road Mulfinger Susanka Archt Long Lake, MN 55356 1501 University Ave SE Suite 308 Minneapolis, MN 55414 -----•------------------------------------------------------------ TYPE OF APPLICATION: XX Variance --------------------- ..-------------------------------------------- DATE OF MEETING: 9/11�'86 VOTE: 6 For 0 Against Planning Commission r:commends the feilowring: XX Approval: Sub',,�-.ct to conditions noted below NOTES AND SPECIAL CONDITIONS: Planning Commission recommendea approval of temporary "two- family dwelling" status for the Nelson residence under the following conditions: 1. The second dwelling unit is allowed as a quest apartment only, to be used only for relatives and non-paying guests of the current property owners. The unit may rot be rented out. 2. The two-tami ly dwelling or guest -apartment use shall cease at such tir.:e the applicants no longer own the property. Any sub!Iequent property owner must re -apply for a two -dwelling urit use. This item will be scheduled for final Council action on Monday, October 13, 1986. Applicant's next scheduled meeting is confirmed as: Council Monde: October 13, 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. i • \s4�e \%• M I \� SHORELINE i : TRACT B N�,� 1} 0. 1 O v 40IL 6 LEGAL ... S 0 t t ron . •O *� Nij Ro,�I.;tr:�r o.^ Tit2c.1 :: in .ina O :subject to caseerents, restr �;3 i CERTIFICATE ° DR. AND Mr- iA MULFINGER & SUSANKA ARCHITECTS A RESOLUTION GRANTING A VARIANCE PER MUNICIPAL ZONING CODE SECTION 10.08, SUBDIVISION 3 (A)7 FILE #1068 WHEREAS, Dr. Glen Nelson (hereinafter "the applicant") is the owner of the property located at 500 Tonkawa Road within the City of Orono (hereinafter "City") and legally described as follows: Tract B, Regi-,tered Land Survey No. 1305, Hennepin County, Minnesota (hereinafter ie property"); and WHEREAS, the applicant has applied to the City for a valiance per Municipal Zoning lode Section 10.08, Subdivision 3 (A) 7 to permit the construction of a non -rental guest apartment attached to the residence at 500 Tonakwa Road. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1068. 2. The property is located in the LR-lB Single Fe 'I.y Lakeshore Residential. Zoning District. 3. The Ororo Planning Commission reviewed this application or September 15, 1986, and recommended approval of the proposed variance based upon the following findings: A) The current and intended use of the property is primarily for a single family residence, and that the guest apartment use is intended to serve multiple purposes, including housing of over- niqnt guests and live-in help, and to serve as a staging area for entertaining. B) The residence is on a property containing 3.66 acres in area, and the proposed guest apartment usi is compatible with the surrounding properties. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the eLfect of the proposed variance on the health, safety and welfare of the community. Page 1 of 3 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; ti;at granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other di.nger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable hardship or difficulty; is necessary to preserve a substantial property right of th! applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based pon the above findings, the Orono City Council hereby grants a variance per the Municipal Zoning Code Section 10.08, Subdivision 3 (A)7 to permit the construction of a non -rental guest apartment attached to the residence at 500 Tonkawa Road, subject to the following conditions: 1. The second dwelling unit is allowed as a guest apartment only, to be used only for relatives and non-paying guests of the current property ownei . The unit may not be rented out. 2. The two-family dwelling or guest -apartment use shall cease at such time the applicants i.o longer own the property. Any subsequent property owner must re -apply for a two -dwelling nit use. 3. Authorities granted by this variance run expressly and solely with the applicant and not with the property, but are permissive only and must be exercised by application for a building permit for construction of the kitchen facilities within one year of the date of Council approval, or this va: will expire on that date (October 1--, 1987). 4. Violation of or non-compliance with any of the terms snd conditions of this variance shall consti'.ute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punis� le as a misdemeanor. 5. The undersigned applicant has read, understood and hereby ac---.s to the terms of this resolution and on behalf of himself, his hc= successors and assigns, hereby agrees to the recording of t..-s resolution in the chain of title of the c. erty. Page 2 of 4 1986. Adopted by the Orono City Counci'. on this 13th day of October, ATT Dorothy M. Hailin, City Clerk Mary C. Butlor, Mayoi Property Owner(s) Page 3 of 4 I_- Mayor Butler Mark Bernhards 1, City Administrator Oron, Council Memr..rs From: Michael P. Gaffro,, Assisf '.anning & Zoning Administrator_ Date: Octobe. .986 Subject: #1069 Jim Williams 2725 Ethel Avenue Variance - Resolution List of Exhibits Exhibit A - Memo & Exhibits of 9/12/86 Exhibit B - Planning Commission of 9/15/86 Exhibit C - Resolution C I' 1 ;3 This is a request for a side setback va- 4 ance to cons _ct a 2nd story addition, and hardcover variances For deck and driveway. Please review the r.emo and e�: ibits of 9/12/86. Planning Commission reviewed this application at their September 15, 1980' meeting and recommended approval of the side setback variances and recommended that t =e maximum har�v--over on the prone- -.y be no greater than the pr xisting 2,729 s.f. (36.4%), fii►ding n- infringement or light sir or open spay_-e, end firdinq that th^ hardcover variance is i�, by the need for ar E 3sier garae=r access, and noting the :,erai direct ' on of drainage is to th- south awal from the lakeshore. Staff would note the applicant was 'vised of the potential access pioble. .e the garage permit - :; iss. ed, but applicant chose to take . _ h.incps with asking f�_ me hardcover variance after the permit was issued and garage construction commenced, rather t an waitir. n ad--4tion--I 2 months until a variance application could be i ess— d. :�taf� recommends approval per the Planr.'r 'cmmissiur recommendation. A re:�.)lution o approval is attached fo- Counc.i l's review. To: Mayor Butler Mark E. Bernhardson, City Administrator Orono Council Members Orono Planning Commission Members From: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: September 12, 1986 Subject: #1069 Jim Williams, 2725 Ethel Avenue Variance - Public Hearing Zoning District - LR-lC Application - Side setback for 2nd story on house, hardcover variances for deck and driveway. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey, Hardcover Conditions Approved by Staff For Garage Permit Exhibit E - Final Site Plan Proposed, Final Proposed Hardcover :alculations Exhibit F - Building Plans Pertinent Facts: Side setback required: 10' - Side setback existing: 4.2'; Varianc, = 5.8' or 58% - Applicant requests variance to add 2nd . ory on existing house - no additional lateral encroachment. - Existing hardcover prior to garage constructi.)n: 36.4% w A; - Permit for garagevissued subject to relocating to position shown in Exhibit E, with driveway narrowed to 10', for final hardcover of 30% (30% allowed in this 250-500' zone). - Request is to add list f loor deck to front of house, and keep the driveway as shown on Exhibit E. - Final hardcover proposed: 38.9% Zoning File #1069 September 12, 1986 Page 2 Discussion: The applicant is requesting a side setback variance to add a 2nd story to his house, because the existing house is 4.2' from the side lot line. This house is generally down hill from the affected residence to the north, and that residence is 43' from the lot line on a double lot, hence little impact on light, air or open space is anticipated. The affected neighbor has not commented on the proposal. The second request is to allow 38.9% hardcover where only 30% would normally be allowed. The applicant agreed to reduce his driveway hardcover to a width of 10' in order to meet the 30% standard to obtain a building permit for the •,►ew garage under construction.. However, he feels that the 10' width ..nd the narrow tapered 16' to 10, apron in front of the garage will cause him some problems with access to the garage. Staff agrees that in the rear yard near the garage, some extra width would be preferable. The overall width to that point need not be over 121, so the 16' wide portion next to the house, could be reduced to 12' for an 80 s.f. reduction from the final proposal. The front deck of 6 x 14' plus stairs will. serve the front door and does not encroach on any setbacks. ,rainage fr,..n the property is generally to the south and probably travels 800-100b' before entering the lake, which might be a justification in -itself to consider that the property should be allowed up to 35% hardcover. D2ainage from this lot directly to ad j .acent lot to the south has not been brought up as a problem, and presumably can be handled by a swale along the driveway if it even becomes a problem. Staff Recommendation: Staff recommends approval of the 2nd story addition variance, based on findings that the lot size does not allow for any reasonable lateral expansion of the existing house, and finding that the existing house is 4.2' from the lot line but upward expansion will have little impact on the affected neighbor's light, air or open space. Staff recommends partial approval of the hardcover variance for deck and driveway, finding that the general drainage Dattern away from the lake decreases the impact of drainage from this property, and finding that the expanded garage apron requested is reasonable for useful access to the garage. A reduction of driveway wilt'' to 12' results in an 80 s.f. reduction or final hardcover of 2,0'39 s.f. (37.9%). A reduction of the driveway to 10' until the rear line of the house would result in a final hardcover of 2,715 s.f. or 36.: %. PC .-IS -SG. r V.% S 'T kp rp O VF" A,- 1. , 4 � %- N � •� p c.o v e +L 7 rt>A.1 vK� T /rvr+'►.,r,r nnr /?GPw� . #L er. CITY OF ORONO - VARIANCE APPLICATION 7Z/L Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) --------------------------------------------------------------------------- PROPERTY LOCATION Site Address 2 1 7- S- E\'�"L L R•VC Property Identification Number (P.I.D. Please check one - Is the property abstract or torrens? Pledse attach legal description to application if not included on required survey. ---------------------------------------------------------------------------- APPLICANT Name SPhone H i -7 Mailing Address T� Z� L' �E �' V --------------------------------------------------------------------------- OWNER Name 5 Aywe Phone 5yNml• : Mailing Address S NV%NS Date Property Acquired �o� $(o (month/year) -----I-(do)--do not--also-own-the-adjacent-parcels-of-land----------------- PRESENT USE OF PROPERTY Present Zoning District z/ /C" /C Present Use of Property It hg-_- Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ I d Describe request. in detail: V, l-u � Uf-6-, _ r�A-r _ Ann.�4-7.,r) - VARIANCES REQUIRED Lot Area Lot Width _ Hardcover Setback Variances ( Front �_ Side — K Rear) Other SECCN 'b S�un-k., 41,D, HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: o1- 15 rt. l 1 ,w:iT�\ 7,"�,Rlt/t. 1411."(4 a t1Uia. �'n �,i ,. f t.? rr. •1 'l, , -, .'';' �Ai Tt`1 - - - - - - - - - - - - - - - - - - - - - -�` - - - - - - y - - - - - - - - - - - -`- - - - - - - - - - - - - - - - - - - - - - W t .— j C•- V - r DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements :,ro rM v (.1- 1:n�.� c_ U G_ �.^1 �}v C t L4Vf C. 11 t f f i•flt� i`.1 .`.0 �' C.�.l- i .. (••., 1,\'1" ": . Sf:.clt.,t• Ar, ------------------------------------------------------------..--------------- ��R--E'TQ� UIRED SUBMITTALS 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). C) Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. L44- Certificate of survey including hardcover calculations as required. (_5, Plat Map. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. --------------------------------------------------------------------------- APPLICANT•S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date >/C 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. 1 t ' owner's Signature t Z,1 l� r%et, Date ZZ� ZZ--------------------------------------------------------------------------- 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. vf AgTER �• CASCO �99'+5 IV POINT - Rp : `� tp i �u 40� 0 3Q n d 0 ! to PART OF WINSMIP'S SUBDIVISION 4 'y �- _ • OFWTI• SPRING PARK 2ND DIVISION �lff -•-- e52 iy 20 21 %.';''v • 2'S c• \w0 � �/z+ �: o' •0 ♦O � 27 Ciao 7 /` `� 3 _� „ �•S GIs r►�`�j',;Jj�i'O 11 L 35 � � : «� �iii •.: 1. R� r ,o, 3100 1 1, z r- �- -- ----------� 3200 C5 `�JI o 2^00 b ! `� • 1 T y \� 0 T 3 �J • 1 vo Ju'q -S s /h 9 ~ ---- o To 03 CASCO2��' ''S 3 C l lii,10 s '� 40 v<• 0 5 tQ. :4 NLo erne 4 `ot ♦ C 9 ' o /` s / 0 2 % < of 3 .� 9 - �' 4 \ q F� 60 ♦ I a ,' 22 � ., _ c 4i��. r:/: 3\'. •moo Gp 10A\V' �. 06 s .p 2i A°/S i /s 1.4� s., •o 9 4i' _s i ��; SaK �Ay` 8 ;J , 3 / 13 0 0 `O � r,� �,• / 67 s i -/*. '% 41 25 26 - 2 7 �2@ 29 �s T / % 8 i s' GP A r �e• 0A♦• t ` 3J 0 ..0-17- 24 ACREAGE 7 0 (4R4f4 i ■ RL'N DATE 08/14/86 A BATCH 001 38 20-117-23 24 0001 A r#CP ACOR 02684 CASCO POINT RD R NAME THEODCPE C DANTIS -,:PAYER DAVID FUN(LE r:,'c/ADDR 2684 CASCO POINT ROAD �w WAYZATA M24 55391 /w 38 ZO-117-23 24 0010 :2PP ADDR 02740 ETHEL AVE C:::ER NAME CRAIG R JUHPE TAXPAYER CRAIG R JUHRE ok NA.•:E/ADDR 2740 ETHEL AVE WAYZATA MN 55391 33 20-117-23 Z4 0015 FPOP ADDR C2725 ETHEL AVE C.;:E? NAME JRMES A WILLIAMS r► TA'{PATER JAMIES A WILLIAMS N'Y.E/AO^-R 2725 ETHEL AVE WAYZATA MN 55391 Oft 38 20-117-21 24 0018 FPOP ADOR 02765 ETHEL AVE C':`1ER NAME SUSA.NNE K CRAPEP TAXPAYER SUSANNE K DRAPER NAPE/ADDR 2765 ETHEL AV CASCO PT WAYZATA MN 55391 38 20-117-23 24 0021 r PPOP ADDR 02710 CASCO POINT PD NAME h0'.tA'30 T MARTIN TAXPAYER t'^_MT SEARCH 9366 NAME/ACDR 400 SHELARD PLAZA S MPLS t24 55426 38 20-117-23 24 0044 PPOP ADDR 02696 ETHEL AVE C:::ER NAME R & J KAUFFMAN N TAXPAYER THOMAS & CAR.RIE A SCHMITZ NAME/ADDR 2696 ETHEL AVE WAYZATA MN 55391 HE". [PIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 20-117-23 24 0004 02686 CASCO POINT RD THEODORE C DANTIS DAVID RL; .,NLE 2634 CASCO PCINT PD WAYZATA MA 55391 38 20-117-23 24 0013 02700 ETHEL AVE CURTIS R JENSEN & WIFE :.U?TIS R JENSEN 2700 ETHEL AVE ORONO MN 55391 38 20-117-23 24 0016 02745 ETHEL AVE ROSEMARY FORMICO KIM D SKEESICK 2745 ETHEL AVE iIAVARPE Y?t 55392 38 20-117-23 24 0019 OZ750 CASCO POINT PD DALE A CHRISTENSEN & WIFE DALE A CHRISTENSEN 2750 CASCO PUIDtT RD OF, ONO MN 55391 38 20-117-23 24 0022 02700 CASCO POINT PO K & T ROLF KEVIN E ROLF 2700 CASCO PT RD WAYZATA MN 55391 38 20-117-23 24 0045 02697 ETHEL AVE C GORDON A1rr;DSCN ET AL C GORDON ANU`;OSON 2697 ETHEL AVE WAYZATA [IN 55391 REPORT NO. PI435401 PAGE I 38 20-117-23 24 0009 03750 CASCO AVE WENDELL J RUDE WENDELL P.UDE 3750 CASCO AVE WAYZATA MN 55391 38 20-117-23 24 0014 02705 ETHEL AVE LA::?ENCE D PILLAR LAV?ENCE D PILLAR 2705 ETHEL AVE WAYZATA M`d 55391 38 20-117-23 24 0017 02755 ETHEL AVE GOLDA MARIA SCH`!EIDER SON COR INVESTMENTS 16508 HIDDEN VALLEY MINNETONKA r.! 55345 38 20-117-23 24 00_0 02750 CASCO POINT 'D DALE A CHRISTENSEN & WIFE DALE A CHRISTENSEN 2750 CASCO POINT RD ORONO MN 55391 38 20-117-23 :4 0040 02720 ETHEL AVE JOHN WAYNE & JOYCE E HAMBLET JOHN W & JOYCE HAMBLET 2720 ETHEL AV ORONO MN 55391 TOTAL BATCH 001 00017 aj Oft CITY OF ORONO ' SITE PLAN __ GRAL`iNG PLAM AFPN0%'F..D tart t!�Ift.J 1','I i H R�'tml�l0i�,�i DISAFP. tt, '� [D BY DATE/!= c--_— EXL!• D' rZEGt'NT B G . /'e'+e r&. I r -ip AV eLAC E 640t. CERTIFICATE 91 SURVEY FOR: L,4,?,r��/ O4914 mac, rL G � A 6 �� • 10� ;' ve ill 0 v+ . ✓ hp. r oo. fir J. t ' 0t �E 1 fi•. K � ire ` � h �i r t, D o 0 GAaAbF �1�� moo. y" '6 �� D V ,( No0sc zo SF �V, E Fr.�fa►t`St� Z(v _ /p W 1 DTI PC& ( sr (WL"'e C CR/04'T/ON o Denotes Wn monument Proposed lowest floor elev. - o Denotes offset Rake Proposed top of foundation e!ev, e 000.0 Denotes Willing.fey. I 000.0) Denotes Proposed slev. BENCH MARK Denotes surface drainage Proposed pampa floor stay. I herehy certify that this to a true and correct representation of a whey or F, a N� DEMARS • GABRIEL the boun,Lries of the above .fetcribed land and of the location of an build• lin, it any, thwments, d any, from or on said land 2/2 2 LAND SURVEYORS, INC. //x,lnov Af surveyday tpi,�Ply - par of 1!/ , lane No MN �5-%P�ymouth outhMorb S�aaiProne (Et2)StN14m Scat@ s Hauser (zv,yX 32-s �-3 � . L . 2RAWLAC40r Vy s qao (0Sx17)4/2f3X1-2) �f.,y 2 0 y�17� K" Mr 70 650 XID 2t> . (D(o0 sA. I I Aj0--,c.ov (Z 2 7-D r-Pt-L ' -.7 = 2-77 2 oS V , no&,�� u.v �u- Gtft-� /o X z o = Z-c>o 2-1/0 �i yyv poop t- Rcv cS E'D Po*fbl'L-- Foot c AwAcv-- PE 12 µ 1 T } ser ZO s A . G piLdc„l q $O s . p4vr6AA y 1 I �-Jr °�-8� C:ERTIFICATI' OF SURVGf r X44 Tom, r FOR: 0 C7 x 000.0 000.0 ' r y ,ko THIS ITEM HAS BEEN MICROFILMED ZOT ,3 j �nio�-t_ p2bPoSkL, A Dt> 2,., o Slvrz'1 D21 V C� 44Y Denotes iron monument Proposed lowest floor elev. Denotes offset stakes Proposed top of foundation elev. - Denotes existing elev. BENCH MARK: Denotes Proposed elev. Denotes surface drainage Proposed 9,3rage floor clev.- DEMARS - GABRIE.L LAND SURVEYORS, INC. 3030 Harbor Lane No Plymouth MN 55441 Phone (612) 559-V1)08 I hereby certify that this is a true and correct representation of a su vey of File No. the boundaries of the above described land and of the location of all buildings, if any, thereo and all visible encroachments, if any, from or on said land 2�2 J Book -Page As surveyed by me th, 7 day of �„[_��_ . 19 Scale' Minn Rep. No. r/NA,L- ►°R o P�ScTU pt4 st fe V>e z o L,(2,uevi t7 ►2x'(7; -fCl�x2o)-ram f 2 (2 q C/o - 2-1 % � S.F. 2-q I 17s�o - llo=7Ss.;. G ` IG l.e • y E��.ha�a�OJU t 3d 'eL'- C 0 C i --, 12 nm r6o"I I CD _____ 12'z. E:l use *&%ftav -bLr k- Ilk, it It, rmA- 'DLLIK A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (3) FILE #1069 WHEREAS, James A. Williams (hereinafter "the applicant") is the owner of the property located at 2725 Ethel Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lot 3, Block 3, Casco Heights, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal. Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a second story addition to the existing house which is only 4.2' from the side lot line where a 10' side setback is normally required, and for a variance to Section 10.22, Subdivision 2 to allow hardcover in excess of the 30% hardcover normally allowed in the 250-500' lakeshore setback zone in which the property is located. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as 'Zoning File #1069. 2. The property is located in the LP. -IC Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 15, 1986, and recommended approval of the proposed setback variance and a 36.4% hardcover percentage based upon the following findings: A) The pre-existing hardcover (prior to issuance of a permit for the detached garage currently under construction) was 36.4% or 2,729 s.f. B) The garage permit was issued subject to applicant removing excessive hardcover in order to meet the 30% hard- cover limit. Paqe 1 of 4 C) The applicant constructed the garage unusually close to the house to shorten driveway length, and agreed to a narrowed driveway and apron, in order to meet the 30% hardcover requirement, but has a hardship in that access to the garage is severly limited by the narrowed driveway apron. The lot size of only 7,500 s.f. (or only 0.17 acre) severly limits the development of the property under existing zoning code standards. D) Run-off from the property flows generally to the south and away from the lakeshore, and travels 800-1,000 feet over land before actually reaching the lakeshore. E) The second -story addition will cause no substantial infringement on light, air, or open space in the neighbor- hood. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the communi t_y. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Compregensive Plan of the ' '_y. CONCL.;SIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a second story addition to the existing house, and a variance to Section 10.22, Subdivision 2 to allow 36.4% hardcover in the 250-500' lakeshore zone, subject to the following conditions: 1. The second -story addition shall conform to the proposed plans on file with the City and shall not extend laterally beyond the existing walls of the house, nor vertically higher than the 22'6" proposed peak height above the existing main floor elevations. Page 2 of 4 2. The maximum approved hardcover on the property shall be 2,729 s.f. or 36.4%, which is equivalent to the hardcover existing prior to construction of the new 2-car detached garage. Hardcover in excess of the 2,729 s.f. shall be removed prior to issuance of a Certificate of Occupancy for the 2nd story addition. 3. The applicant is advised that any future proposals to increase hardcover on the property will not be approved, and might be approved only with concurrent removals of existing hardcover, resulting in no net increase in hardcover. 4. 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 ,7ariance will expire on that date (October 13, 1987). 5. Violation of or non-compliance with. any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 13th day of October, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Property Owner(s) Page 3 of 4 To: Mayor Butler Mark E. Bernhardson, City Administrator Orono Council Members From: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: October 1, 1986 Subject: #1072 Fred Winston, 765 Spring Hill Road - Variance - Resolution List of Exhibits GCT 13 19'8n Exhibit A - Memo and Exhibits of 9/10/86 Exhibit B - Planning Commission Minutes of 9/15/86 Exhibit C - Wildman Letter of 9/15/86 Exhibit D - Proposed Resolution of Approval This is a request for a property line setback variance to construct an addition to an existing horse barn. The addition is to the side of the barn away from the affected lot lines. The only affected neighbor, Mr. Wildman, has submitted a letter of approval of the project. After the Planning Commission review of this application, the fact came to light that although the barn itself is in the RR-lB zone, most of the pasture acreage credited is in the LR-lA and requires a conditional use permit for the keeping of horses per Section 10.20, Subdivision 3 (K). This does not change any facts, and staff recommends approval of a conditional use permit concurrently with the variance approval, subject to a limitation on the maximum number of horses, to be regulated by additional conditional use permit review if the current barn and addition is ever proposed to be expanded to house more than the 6-8 horse capability now. Please review the memo and exhibits of 9/10/86. Planning Commission on 9/15/86 recommended variance approval, 6-0. A resolution reflecting the Planning Commission recommendation and incorporating the conditional use permit approval is attached for your review. To: Mayor Butler Mark E. Bernhardson, City Administrator Orono Council Members Orono Planning Commission Members From: Michael P. Gaifron, Assistant Planning 6 Zoning Administrator Date: September 10, 1986 Subject: #1072 Fred Winston, 765 Spring Hill Road - Variance - Public Hearing Zoning District -. 2-acre (b'AP_N ,s /A /'1 - 1 k3) Application - Variance to 150' horse barn setback requirement List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Application Plat Map Property Owners List Barn Plan Site Plan Survey Pertinent Facts: - Required horse barn property line setback = 150' - Existing horse barn property line setback = 35.73' - Pr^posed addition to existing barn is 50'+/- from property line - Exis}ing barn with proposed additions is about 500' from any off -site resic,�,,nces - Barn will be about 160' from wetlands - Dry area of parcel is about 11 acres - Applicant also owns parcel to the south which contains about 12 dry acres Discussion: Applicant is currently acquiring this parcel on which he requests a lot -line setback variance to construct an addition to the existing horse barn. The total dry acreage controlled by Mr. Winston is about 23 acres, so he could have as many as 21 horses on the si!e. This barn does not appear to be large enough for more than perhaps 1/3 that number. The nearest off -site residence is 500' to the east, owned by Mr. Wildman. No comments have been received from him as of this writing. :4r. George Partridge's residence is about 500' north of the barn, and he ?is'3 has not commented to date. Staff Recommendation: Given that this barn is 500'-plus from any off -site residenc? structures, and given that the addition will be on the side of the existing strucutres away from the lot line, staff recommends approval subject to applicant submitting a letter of non -objection from the affected neigh- boring property owner, Mr. Wildman. - 1)4:6'urr;='IL' A, ' ►'(' 11 Ir 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 � a It — _ Property Identification Number ( P. I . D. ) �:� - l / -- - �� - L' C' c Please check one - Is the property I/ abstract or torrens? Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT ✓ Name Fr E 41 />> Cali' i i1 C •t-o 1-1 Phone c1 ! 7.3 - %.�, Mailing Address rI % -% �-1;1� kd - ��ti y Zcil�'� .5 5,1 OWNER ✓ Name l A 0 0,\G S Phone 9- 7.- Mailing Address :) ( D (1 1 " 1-:S c< n k Date Property Acquired J �_ I r (month/year ) I (do) (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District _ Present Use of Property Residential Other (specify) ------------------------------------- ------------------------------------ DESCRIPTION OF REQUEST Estimated Construction Cost Describe request in detail : i : I , - -It tit- N C' VARIANCES REQUIRED Lot Area Lot Width Hardcover T Setback Variances ( Front Side Rear) Other I�cLI-A -- A, r .(? --------------------------------------------------------------------------- HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: ( l i .t 1, Ic -♦' �.� ; C X 1 h r IL ---------------------------------y-------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: V ) . { I r r . l!\ 11L� kllr- I �!. ► P t-L'C� C � rC' '�"` ' I r.'f' - - ------------- 4------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above .formation 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 correc' o the best of his/her knowledge. Applicant's Signature-' L, Date OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants. agents, Commission members, and Council members for purposes of investiga- tion and verification of, -",this request. Owner's Signature 75F/'C.- lr- L' ��' �'i Date L14L.A� 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. AL AS �.M 1020 M O 1010 'E -7820 v { / / V?N DATE 08/11/E6 • ETCH O11 38 25-118-23 33 0002 d1k PROP ADDR 00725 SIXTH AVE N 0671ER NAME WOOD -RILL CCNFERENCE CENTER TAXPAYER SPRINT, HILL CONE CENTER NAME/ADDR 725 CO FD 6 40h WAYZATA MN 55391 38 26-118-23 44 0003 PPOP ADDR C0860 SPRIt'G HILL RD OWNER NAME SPRING HILL CENTER TAXPAYER SPRING HI:L CENTER �► NAME/ADDR P 0 BOX Cc8 WAYZATA M1 55391 38 35-118-23 11 0002 PPOP ADDR OWNER NAME CO JF HENNEPIN TAXPAYER CO OF HENNEPIN NAME/ADDR Ak 38 36-118-23 22 0002 PPOP ACOR 00765 SPRING HILL PD M;NER NAME FREDERICK WINSTON ETAL TAXPAYER FREDERICK WINSTON NAME/ADDR 765 SPRING HILL RD WAYZATA MN 55391 e� HFNNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 25-118-23 33 0003 00625 SPRING HILL RD GEO H PARTRIDGE ETAL GEO H PARTRIDGE 625 SPRING HILL RD WAYZATA MN 55391 38 26-118-23 44 0004 SPRING HILL CENTER SPRING HILL CENTER PO BOX 288 WAYZATA tr" 55391 38 35-118-23 14 0001 00900 OLD LONG LAKE RD BRUCE B DAYTON BRUCE B DAYTON 4122 IDS CENTER MPLS M?J 55402 38 36-118-23 22 0003 THOM45 M CROSBY E AL THOMAS M CROSBY 2106-1ST BANK PLACE WEST MPLS HN 55402 REPORT NO. PI435401 PAGE 24 38 25-118-23 34 0001 00541 SPRING HILL RD J D NOPOSTROM ET AL JOHN D NORDSTROM 541 SPRING HILL RD WAYZATA MH 55391 38 35-118-23 11 0001 SPRING HILL CENTER SPRING HILL CENTER 725 CO RD NO 6 WAYZATA MN 55391 38 36-118-23 21 0002 00745 SPRING HILL RD DONALD C 8 NINA WILDMAN DONALD d NINA WILD;tAN 745 SPRING HILL RD ORCNO MN 55391 TOTAL BATCH 011 00011 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE At") TRUE PEFPESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF FROPERiY TAXATION 0 THE BEST CF Mi KNOWLEDGE AND BELIEF. ) / DAT6J 4-! Y �y C St kv 00 b • .; �� .. ' I t �.. ! ccic-.c. :->;an.� — cd�z. c;,cti: ct. _ ---- -- iIII IIII I IiI IIIIIIIIIIi I I I I I • 1 , t}I 1 � � 1 p 1 1 IY � . clp�c. .SG.y :�* 1 ��. _ .. -. v- .'...?�+��.. -..: „ _.. - - -_ ... -�J. �.w..-+.��.,� .. .. .-.-:-..-'......__.- •'may _ -- POO►It 61i-N�Tb`1 ' T-TK F'��.o4�to.� u000 • OLA. Fuoc am 13 SAC oxsa wwo I 4mza I ' i cRSS ytrto.J I �.i 1 AW4wr I sv ►+ --------------11 � I i t~� F�� WINs-�►J _ LEAr4 TDO /.D* tTA►4 1 w 1 1 W.W FUXAW c.+<- WAO :) , I 10 S RING I S.p. ue Zs! 'J. ` l 93d ^' Re5 � t(i n_ R• HlS�r� •��sAs � � ;o noao No I c ` .• FL ALIGN qLI Oi J \ \ if I v .p ❑ v ftj `� • �� C,LvtT��b 20 1 v J YX _/ � 1 the house configuration as proposed because it actually provides him more privacy than if the house was constructed parallel with the roadway. No one was present from the public regarding this matter and the public hearing was .;losed. It was moved by Taylor, seconded by Goetten, to recommend approval subject to staff recommendation. Motion, Ayes 6, Nays 0. #1072 FRED WINSTON 755 SPRING HILL ROAD VARIANCE PUBLIC HEARING 9:04-9:08 The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron explained the request for a ; L-line setback variance to construct an addition to th, _-fisting horse barn noting that the nearest off --site ru6idence is 500' to the east (owned by Wildman) and to the north (owned by Partridge). Staff has received no comments from either owner to date. Eleanor Winston was present for this matter and submitted a letter of approval from the most affected property owner Donald Wildman of745 Spring hill Road, of which Chairman Kelley read into the record. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Goetten, to recommend approval based on staff's recommendation. Motion, Ayes 6, Nays 0. #1073 JAMES DEANOVIC 2050 SHORELINE DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 9:10-9:33 The Affidavit of Publication and Certificat Df Mailing was noted. Jim Deanovic was present for this matter. Assistant Zoning Administrator Gaffron explained the request for a conditional use permit for major grade changes to the lot (last buildable lot of the Hartwood Subdivision) to create a Suitable flat yard area and space for the proposed house and pool. As noted in his memo, the grading as proposed will not create additional run-oof from the property, but will modify the drainage pattern within the property; and in addition does not affect the primary or alternate drainfield sites. fie y DONALD C., WILDMAN 745 Spring Hill Road Wayzata, Minnesota 55391 (612) 475-0218 September 15, 1986 Planning Commission CITY OF ORONO Orono, MN This letter is to indicate my approval of the Winston's plan to construct an addition to the west side of their horse barn at 765 Spring Hill Road. Sincerely, Donald C. Wildman DCW/tlz A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (R) AND GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 4 (A) FILE #1072 WHEREAS, Fred Winston (hereinafter "the applicant") has an interest in the property located at 755 Spring Hill Road within the City of Orono (hereinafter "City") and legally described as follows: See Exhibit "A", attached (hereinal nr "property"); and WHEREAS, the applicant has made application to the City of Orono to permit the construction of an addition to an existing horse barn, the subject barn and addition being located less than the required 150' setback from the east property line, and requesting a conditional use permit for the pasturing of horses on land located in the LR-lA Single Family Lakeshore Residential Zoning District. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1072. 2. The portion of the property on which the birr and addition is located is in the RR-lB Rural Residential Zor-in(7 District. The remaining 9 dry acres are located in the LR-lA Lakeshore Residential Zoning District. The applicant also owns an adjacent parcel of about 12 dry acres immediately south of the subject property. 3. The Orono Planning Commission reviewed this application on September 15, 1986, and recommended approval of the proposed variance based upon the following findings: A) The proposed barn addition is 500'-plus from the nearest off -site residence. B) The addition i- on the side of the barn away from the affected neighbor, Donald Wildman, who has submitted a letter of approval of the barn addition. Page 1 of 4 4. Given the approximately 23 dry acres that are controlled by the applicant, a maximum of 21 horses could be kept on the property. Applicant has stated that no more than 6-8 horses are proposed for the site. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the appli- cant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 7. The City Council finds that granting a conditional use permit to allow the pasturing of horses on portions of the property zoned LR-lA 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 val,_Ies and that the proposed level of use of the propertv 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, 'he Orono City Council hereby grants a variance to Municipal Zoning ::ode Section 10.20, Subdivision 3 (K) to allow the construction of a barn addition to be located 50' from the east property line and grants a conditional use permit for pasturing of horses within the LR-lA zoning district, subject to the following conditions: 1. The maximum number of horses allowed on the approximately 23 dry acres controlled by the applicant is 21. 2. Any future addition to the barn over and above the 16'x40' addition proposed with this application will require an additional conditional use permit review. Page 2 of 4 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (October 13, 1987). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 13th day of September, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Property Owner(s) Applicant(s) Page 3 of 4 To: From: Date: Subject: Mayor Butler Mark E. Bernhardson, City Administrator Orono Council Members Michael P. Gaffron, AEsistant Planning & Zoning Administrator October 9, 1986 #1073 JameE Deanovic, 2050 Shoreline Drive Conditional Use Permit/Variance - Resolution GGT i 1�2-u original Application - Conditional use permit for grading in excess of 100 cubic yards and in excess of customary grading for new house. This conditional use permit includes a variance because a small portion of the grading is in the 0-75' lakeshore setback zone. Additional Items: 1. Because the lakeshore parcel is a separate tax parcel, in order tc legally allow a dock it must either have a house on it or be combined with the residence (inland) parcel, hence a special lot combination across County Road 15 is in order. 2. Because this property will then be considered as a lakeshore lot, it has a lakshore yard and a rear yard, but no front yard by definition, even though the house will face toward County Road 15. The pool proposed to be constructed in the lakeshore yard does meet the average lakeshore setback of houses on either side, and does meet the 75' lakeshore setback; but, because this is a unique lakeshore Lot with lakeshore yard bisected by a roadway, it is appropriate to grant a variance to allow an accessory structure in what is functioning as the front yard. 3. The roadway entering the property is a private easement, not an outlot, hence the required setback from the priva'�-e roadway is measured from the side lot line and is considered a si0e yard setback, not a street setback. (We no longer allow subdivision roads serving this many houses to be created as easements.) List of Exhibits Exhibit A - Memo & Exhibits of 9/9/86 Exhibit B - Planning Commission Minutes of 9/15/86, Planning Commission Notice of 9/19/86 Exhibit C - City Engineer Letter of 10/9/86 Exhibit D - Conditional Use Permit/Variance Resolution - Covers Grading, Setback Variances Zoning File #1073 October 9, 1986 Page 2 of 2 Discussion: Please review the memo and exhibits of 9/9/86 and Glenn Cook's letter of 10/9/86. While the grading proposed is of a relatively large magnitude, the bulk of it is outside the 75' setback zone; the work along the County Road 15 right-of-way is necessary in order to maintain suitable drainage from the property without affecting the County Road; the fill will create a flatter, more useful front yard rather than acting as a berm; and the small berm shown at elevation 944-946 will be at a relative height of 3'-5' and setback 40'-50' from the road right-of-way. The Planning Commission had no problem with the proposal or site plan at their meeting of 9/15/86, subject to Glenn Cook's review. Glenn's concerns involve the regrading of the ditch along 15 and the ponrl.ing area near the culvert inlet, and his comments are attached. Staff Recommendation: Given that major grading work to make this an attractive building site was always anticipated by staff. we recommend approval per the recommendations of Planning Commission and C'ty Engineer Glenn Cook. A resolution incorporating the appropriate 1.7,riances and conditi3nal use permit is attached for your review. To: Mayor Butler Mark E. Bernhardson, City Administrator Orono Council Members Orono Planning Commission Members From: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: September 9, 1986 Subject: #1073 James Deanovic, 2050 Shoreline Drive Conditional Use Permit/Variance - Public Hearing Zoning District - LR-lA Application - Conditional use permit for grading and filling in excess of 100 cubic yards; portions of grading may infringe on 75' lakeshore setback. Lot Area - 1.65 Acres (Note: subdivision approved October 1975 with variance under current code) List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Original Plat of Hartwood Exhibit E - Existing Grades, Septic Locations Exhibit F - Proposed Grading, Site Plan Exhibit G - Septic Site, Probable Septic Design, Location of Old Roadway Exhibit H - Average Setback Review P<.rtinent Facts: Amount of fill to be placed (rough estimate by staff) = 5,000-10,000 yards. - Nearest anticipated point to lakeshore of proposed grading = 60' Discussion: This is the last buildable lot of the Hartwood Subdivision (Pink Palace property). The main driveway originally cut through this lot but was moved last year to create a safer access, and which was required in order to make this a usable building site. The applicant is requesting a conditional use permit for major grade changes to the lot to create a suitable flat yard area and space for the proposed house and pool. The grading as proposed will not create additional run-off from the property, but will modify the drainage pattern within the property. Zoning File #1073 September 9, 1986 Page 2 The proposed grading does not affect the primary or alternate drainfield sites, which have been tested and are suit- able for standard trench drainfield systems. Note that because Outlot B, the lakeshore parcel across from this lot is commonly owned by the property owner, this is considered a lakeshore lot. The proposed pool does not appear to be an encroachment on the average lakeshore setback requirements. City Engineer, Glenn Cook, has reviewed the site and grading plans, and his written comments are forthcoming. In general his recommendation is for approval with some changes and conditions: 1. Create a more positive ditch along County Road 15, similar to that on the adjacent lot to the south. 2. Regrade existing berm along 15 so it will allow a continuous grade from northerly interior Swale to County Road 15 ditch. 3. Regrade storage area at southeast corner near culvert to create a somewhat larger storage capacity than what actually exists. 4. The existing culvert under County Road 15 is adequate for any anticipated flows. 5. Silt fence/hay bales/erosion measures must be in effect until lot is sodded or a vegetative cover is established. Note that the grading within the 75' setback zone is next to County Road 15 away from the lake, and is necessary to solve what is an obvious existing drainage problem next to the road. Staff Recommendation: Staff recommends approval of a conditional use permit for major grading of this property, including a conditional use permit and variance for the portion of grading in the 0-75' zone, finding that the grading will not create additi Dna 1 run-off to the lake, does not affect any neighborhood drainage patterns, and portions of which are necessary to alleviate existing drainage problems. Approval subject to: 1. Suitable erosion control measures during grading and until vegetation cover is established. 2. Following City Engineers forthcoming recommendations and requirements. FINAL NOTE: It appears that the original grade at this site is +/-934'-936' along County Road 15. Although it is anticipated that no fence will be constructed on the site, staff feels it is fair to warn the applicant that. 934-936 will be considered as the original grade if a fence is constructed, and also noting the maximum 6' fence limitation above the crown of the road. �•r K'r 1,i L , �1; t:i CITXY: OR .O GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address%�- Property Identification Number ( P. I . D. ) lull-7 2-3 3/ t' CIV Please check one - Is the property abstract or ✓ torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Name �5;/ir- �t/� U �� Qc� n c, ,/, PhoneC/y�� id % Mailing Address /J' j 1. %j' j e�,a,/�!/Cf OWNER---------------------------------------------------------------=�,cJ Name /dam Phone 0 J I - / ( ///,, -' Mailing Address c)-6'1 S' i4rl.�Ol/j �/j'r r 19'�' ,7 WG�✓�u ��3`�/ Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- FEES - CONDITIONAL USE PERMITS $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit',ildg $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 56 9�7 0 E -7T Aff! 71 -ohm 0 407 AM O 'rot. 10 king tro —7 0 6 PUN ",4TE 08/18/86 fk BATCH 001 38 10-117-23 33 0002 f, PROP ADOR 0226F 14ORTH SHORE OR C;-"NER NAME KINGSLEY H MURPHY JR TA:PAYER KINGSLEY H MURPHY JR NA,-,E/ADDR 22o5 NORTH SHORE OR �► WAYZATA MN 55391 '► 38 10-117-23 34 0008 PROP ADDR 01513 SAY RIDGE RD C;04ER NAME LUCILE W VANRAEMDONK TAXPAYER RICHAPD J HOLLENKAMP fir► NAME/AOOR 1513 BAY RIDGE RD 0�0110 MN 55391 f 38 10-117-23 34 0015 PP :P ADCR C'•.'t:-cR NAME R A LAUER & F R LAUER TAXPAYER R A & F R LAUER NAMEIADOR 2054 SHORELINE OR WAYZATA MN 55391 r.j 38 1F-117-23 21 0003 FROP ADDR 02058 SHORELINE DR f. C'.:NER NAME JA- K LINDSAY TAXPAYER J! � K LINDSAY NAY.T-/ADDR 2�-� SHORELINE DR WAYZATA M!l 55391 004 irCP ADDR C'..NER NAME TAXPAYER TOTAL BATCH NAME/ADDR r 001 00012 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 10-117-23 34 0006 01485 BAY RIDGE RD U P KERBER ETAL URBAN P KERBER 1485 BAY RIDGE ROAD WAYZATA MN 55391 38 10-117-23 34 0009 01525 BAY RIDGE RD G E SVEEGGEN ETAL GERALD E SVEEGGEN 1525 BAY RIDGE ROAD WAYZATA MN SS391 38 10-117-23 3 3016 JOHN T STIELOW RONALD D LAUER 2655 ARCOLA LANE WAYZATA MN 55391 38 15-117-23 21 0008 R A LAUER & F R LAUER R A & F R LAUER 2054 SHORELINE OR WAYZATA MN 55391 REPORT NO. PI435401 PAGE 1 38 10-117-23 34 0007 01501 BAY RIDGE RD DAVID F GAMBLE ETAL DAVID F GAMBLE 1501 BAY RIDGE RD WAYZATA MN 55391 38 10-117-23 34 0014 JOHN R STIELOW RONALD D LAUER 2655 ARCOLA LANE WAYZATA MN 55391 38 15-117-23 21 0002 02056 SHORELINE DR THONAS A BRUNANSKY THOMAS A BRUdANSKY 2056 SHCRELINE OR OZONO MN 55391 38 15-117-23 22 OOt 02165 NORTH SHORE L,. WALTER M RINGER JR ETAL WALTER M RINGER JR 3300 5TH ST N E MPLS MN 55413 1 RUN DATE 08/18/86 BATCH 001 olk Oft om A r — r HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM ^ROPERTY OWNERS LIST REPORT NO. PI43S401 PAGE 2 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION Cv INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN :.]LINTY DEPARTMENT OF PROPERTY TAXATION TO THE BEST OF MY KNOWLEDGE A:10 BELIEF. j DATE i 4 & fZA-DES I -p- /�/\ v CA4-7 0N S 1 ter,` � f9�• � tip• -� . . a ;1 d'Z \ kola l ^ W I Imo. ?' I ^ �. A i. •�_' .�., '• a t S4. .4.:., 1' fit-rt.{t" � :r 4?•�.� •tip . I • ro'�i'rq � ',oJ ,,.ate _./3 *.� ! • ;.� CPTI C- s I T-t-7.S O L- D P-04-D UJA-f A -- f r i-\- Z .. - N .......... ce V-1 for the Acorn Group It of Lot 1, Block 1, Hartwood Hennepin County, Minnesota f��trivG ,vourt / ♦ ��'� S�Tt r5 eA 10% .01 4 , \. ., •({�:: i ,•� t � 07, rA�l� 1 � i I hereby certify that this is a true and correct representation of a survey of the boundaries of .�,,. � nip-. t• t .. _ .. MINUTES OF THE 'LANNING COMMISSION MEETING HELD SEPTEMBER 15, 1986 11072 WINSTON CONTINUED Eleanor Winston was present for this matter and submitted a letter of non -objection from the most affected property owner Donald Wildman of 745 Spring Hill Road, which Chairman Kelley read into the record. No one was present from the public regarding this matter) and the public hearing was closed. It was moved by Bellows, seconded by Goetten, to recommend approval based on staff's recommendation. Motion, Ayes 6, Nays 0. #1073 JANES DEANOVIC 2050 SHORELINE DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 9:10-9:33 The Affidavit of Publication and Certificate of Mailing was noted. Jim Deanovic was present for this matter. Assistant Zoning Administrator Gaffron explained the request for a conditional use permit for major grade changes to the lot (last buildable lot of the Hartwood Subdivision) to create a suitable flat yard area and space for the proposed house and pool. As noted in his memo, the grading as proposed will not create additional run-off from the property, but will modify the drainage pattern within the property; and in addition does not affect the primary or alternate drainfield sites. He noted that City Engineer Cook has reviewed this application and generally recommends approval with some changes and conditions (listed in memo). Bellows noted that change requiring a and questioned if development. this seems to be a drastic topography great deal of fill to be brought in this is a good practice for future Planning Commission discussed the issue of berming and the maximum allowed height. Zoning Administrator Mabusth stated that based on the findings cited by Council in the Ulrich application which referenced the fence ordinance, a 31 fpet high berm was considered appropriate for a property on a minor roadway, 6' maximum height on a property on a major thoroughfare would probably be appropriate and deemed consistent with previous action. MiNOTLS OF THE i'i.ANDING C,ONHISSION PILL' 11IG HELD SLFTL•:MBER In,, 1586 #1073 DEANOVIC CONTINUED Bellows noted that the proposed berming area is 50' from the lakeshore and clearly meets a structural setback, therefore should not be considered a berm. No one was present from the public regarding this matter and the public hearing was close(.. It was moved by Bellows, seconded by Taylor, to recommend approval per staff recommendation. Motion, Ayes 6, Nays 0. #1074 GRACE BAPTIST CHURCH 2830 SHADYWOOD ROAD VARIANCE PUBLIC BEARING 9:34-9:48 The Affidavit of Publication and Certificate of Mailing was noted. Representative Lowell Zitzloff was present for this matter. Zoning Administrator Mabusth noted that the sign clearly meets the required setback of 30' from the intersection. The issue is the proposed height of a 22' sign where normally a :ciaxirr-m 8' height is allowed in a residential area. Mr. Zitzloff stated that he contacted other communities and found that the cross portion of the sign would not be included in height (therefore making the sign approximately 10' in height excluding the cross area). He noted that they needed adequate space for a readable message and schedule of services including the Church name. Bellows noted that there was a great deal of visual clutter in the area already. Hanson stated that this was an unusual s_tuation with the church being locate) in a residential area with great sign restrictions and he is in favor of granting the variance. Goetten stated that she felt the proposed sign was so much larger than what she has seen at other neighboring churches. McDonald stated that she felt there was no problem reading the existing sign and such approval would be setting a negative precedent. 10 ZONING FILE NO. 1073 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 9/19/86 --------- ------------------------------------------------------- TO: James Deanovic COPIES TO: 11532 Mount Curve RoaA Eden Prairie, MN 55344 ----------------------------------------------------------------- TYPE OF APPLICATION: XX Conditional Use Permit ------------------•----------------------------------------------- DATE OF MEETING: 9/15/86 VOTE: 6 For 0 Against Planning Commission recommends the following: XX Approval: Subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1) Suitable erosion controls during grading. 2; Per City Engineers recommendations (rot re^_e°.ved as of 9/19/86). ----------------------------------------------------------------- Applicant's next scheduled meeting is confirmed as: Council Monday October 13, 1986 If you desire certified copies of the official Planning c •sion minutes, they are available from the City Recorder a. -eview and approval by the Planning Commission. Bonestroo, Rosene, Anderlik & Associates, Inc. 2335 W. Trunk Highway 36 St. Paul, MN 55113 612.636.4600 October 9, 1986 City of Orono Box 66 Crystal Bay, MN 53323 Attn: Mr. Mike Gaffron Re: File No. 139-1073 Jim Deanovic Dear Mike, Engineers & Architects Otto G. Ronesrr✓u, P.L, 6ubert W. Ruvne. P L w Jgrh C. Andrrhk, P. L Brad/urd A. Lemberg, P.E. Richard E. 7, P. L. Jum s C. O6ue, e.k Glenn R. Cook, P E. Kruk A Gwdun. P. E I Aumw L. ^�•ryr.. P. k Na kv,d W :min. P f Nobrrr G. S.A✓nu hi, P.L Marvin L. Swralq P.E Gunold C. Durruldl. P.E Jerry A. X~dun. P.L. Mark A. Haroun, P.k. T.d X. firld. Pf. Mmluwl T Raatnmann, P.E. Nubrrt R. PJrj/nh•. P.L. Ga rid O. LWA✓t✓, P.E. Thum" N•. prim". P.L. Ma harl C. Lrmt A. P.E. Kwen L. WAS, P.E. James R. Malemd. P.E. Kenneth P. Andrrwn, PE Krrth A. "howon, P.L. hlarA R. gulfs, P. E. Rubin C. Ru Wk, A.T.A. Thumw L. Antlw, P.L. &url L, Yuang, P.L. Chwko A. Lt. Arun llarlan M. awn Swan M. Ebrrhn We have reviewed tha proposed site plan for the Deanovic property on County Road 15. The grading plan is acceptable as shown except for the drainage along County Road 15. The final development should provide for regrading of the ditch along County Road 15 and a ponding area near the culvert inlet. The site should be graded si.ailar to th property west of the existing bituminous driveway. If you have any questions, please contact this office. Yours very truly, BON STR00, ROSENE, ANDERLIK & ASSOCIATES, INC. � •I Glenn R. Cook GRC:li 8310d 30 Year Anniversary City of ORONO iESOLUTION' OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL 70NING CONS SECTION 10.22. SUBDIVISION 2 AND 10.55, SUBDIVISION 5 :,;D A CONDITIONAL USE: T'LRMIT PER SECTION 10.03, SUBDIVISION 19, AND GRANTING A VARIANCE TO SECTION 10.03, SUBDIVISION 9 (D) FILE ' '73 WHEREAS, James Deanovic (hereinafter "the app.&- ') has an interest in the property located at 2050 Shoreli a Dr- -.hin the City of Orccno (hereinafter "City") and ' ecgai i des - 'Zed Alows: Lot 1, Block 1 and Out lot Hp: rtwuoc: , Hennep.4n County, Minne rota (hereinafter "the property , ; and WHEREAt,, the applice ir-ade application to the City of ^. to permit grading and i.. y Excess of 100 cubic yards, a conditional use permit pe: m !n i cipa l Zoni: 'ode Section 10.03, Subdivision 19; grading and fil i .a within the 0-•75' lakeshore setback lone, requiring variances to Sv ;,.1 10 22, Subdivision 2 and 10,55, Subdivision 8; ar c:,nstruction if an accessory structure (swimming pool) within tf where accessoiy structures are not allowed, requiring i ,�ction 10.03, Subdivision 9 (D). NOW, THEREFL'" -%,.buLVED by the City Council of Orono, Minn. 3c,ta : T ; � Th;- application was reviewed as Zoning File #1073. 2. The p, ty is 1vcaL .3 in the LR-lA Singl c Family Lakeshore RE:si.deiiti,. i ni,ig District. . The Oron- 'Planning Commission, rPviewe,; this application on Septemaer 15, ' 986, and 1 sec -e,•ded -ipl reval of the var: -- ces for g . g, f i 1 - ' rig and; 'y structure location I ��.e' ca the pro, . d sit, pla.., and .:corrur,ended approval of 3 conditional „GF permit f �)r gr adi nc and filling within the 0-75' 1 akeshore <Atback area, bas,.d on the fol -' owing f. indinQs: A) The propose 1 ► Bets the ave lakeshore set !k -nu, - :,Went bas _ ., .,, the ad-,acon{ resit •-CL locations, gi . en th.,..t .'-is will corrsiderc' :is a lakes.hr)r- lot at such time that a spec --al )t r-,Tibination `i led r Lot 1 and Oiit lot B. Page 1 4 City of ORONO RESOLUTION OF THE CITY COUNCIL t `c' NO. B) The proposed grading wi?L not create additional run-off to the lake. C) The proposed grading will have no effect on the neighborhood drainage pattern. D) Portions of the grading, near County Road 13, are necessary to alleviate existing drainage problems. E) Based on the grading plans submitted, the proposed fill does not constitute a berm as such; except for the rtion of elevation 9441--946' located 50' back from the r.L .-of- 1.73y line, and the` berm is of a height and locatio,, that 11 11 not cause v, problems for the adjacent properties. 5. ThiL lot has uni,:;ue concerns because the ler parcel is taxed separately from the residence part &� -,cial lot combination was not filed when the plat ws ; approved, hence a dock would be allowed on Outlot B only if Outlot B is combined ;.th Lot 1 through a special lot combination. The City Coun,�-1 finds that the conditions existing on this property ar,. pecu. ar to it and do not apply generally to other property in this zoning district; that granting the variance world not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not mF:(;ly serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardshla or difficulty; is necessary to preserve a substantial proFr right of the appli- cant; and would be in keeping with the sp.,rit and in}-nt of the Zoning Code and Comprehensi►e Plan of the City. 7. The City 'cil finds that granting a conditional use permit to allow the posed grading and filling will not be letrimental to the healt safety or general welfare of the public,, would not: adversely affect light, 4ir nor pr e a fire h; or other danger to neighboring properties, nor will iepreciate surrounding property values and that the propos• . lt,el of use of the property will :)e in keeping with the inter. old objectives of the Zoning Code and Comprehensive Plan of the Cit}. CONCLUbIONS, ORDEr ND CONDITIONS Based upon one or more of the above findings, the Orono City Council `',ereby grants a corlitional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 for grading and filling in the amount of 5,000-10,000 cubic lards; and grants a variance to Sections 10.22, Subdivision 2 anC LMS , Subdivision 8 for grading and filling rithin the 0-75' lakeshore scrback area; and grants a variance to Section 10.03, Subdivision 9 tD) to allow the c^ struction of a swimming pool. accessory structure in the front y-,-,; .rca, subj-ct to the following conditions: Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. - 1. Applicant shall maintain suitable erosion control measures during the grading and filling, as required by the City Inspector, until vegetation cover is established. 2. All grading shall conform to the proposed grading plan which shall bect_ie F -hibit A of this Resolution, except that the ditch along County -oad 15 shall be regraded to provide positive drainage and :,:,Lightly larger ponding area near the culvert inlet. 3. The applicant must execute a special lc',- -ombination for Outlot B and Lot 1 prior to issuance of a permit or construction of a dock to serve the residence on Lot 1. 4. Applicant is advised that the 934'-936' elevation will be considered as original grade if a fence is constructed along the County Road; any such fence may be not exceed the 6' maximum height above the crown of the road. 5. Authorities granted by this resolution run with t property not with the owner, but are permiLisive only and must be Lxerc'sed by application for a building permit within one year of tt ate of Council approval, or the special conditions of this resolution will expire or iat date (October 13, 1987). 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 shall be punishable as a misdemeanor. The undersigned applicar has read, understood and hereby agrees to the terms r ` tr':.s r,. lution and on behalf of himself, his heirs, success and assigns, hereby agrees to the recording of this resolutior the chain of title of the property. Adopted by the Orono City Council on this 13th day of October, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, _tayor Property Owner(s) Page 3 of 4 f To: Mayo_. Butler Mark E. Bernhardson, City Administrator Orono Council Members From: Michael P. Gaffron, AssistAnt Planning & Zoning Administrator Date: October 6, 1986 .i iING G C T i 3 1?�G Subject: #1075 Joseph Durda, 3135 North Siiore Drive - Variance - Resolution List of Exhibits Exhibit A - Memo & Exhibits of 9/10/86 Exhibit B - Resolution This is a request for hardcover/structure variances in the 0-75' zone to construct a balcony walkway and an after -the -fact deck. Please review ti_.: memo and exhibits of 9/10/86. Planning Commission reviewed this application 9/15/86 and recommended approval of the balcony and after -the -fact deck subject to removal of 72 s.f. of plastic under rock beds, resulting in no net increase in hardcover on the property. A resolution reflecting the Planning Commission recommendation is attached for your review. To: Mayor Butler Mark E. Bernhardson, City Administrator Orono Council Members Orono Planning Commission Members From: Michael P. Gaffron, Assistant Planning & Zoning Adr-nistrator Date: September 10, 1986 Subject: #1075 Joseph Durda, 3135 North Shore Drive - Variance - Public Hearing Zoning District - LR-lB, 1-acre Application - Variance to 75' lakeshore setback to construct a patio and deck. List of Exhibits Exhibit A - Application & Letter Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Building Permits - 1973, 1982 Exhibit F - Lot Area/Hardcover Review Pertinent Facts: Required Lakeshore Setback = 75' Proposed Setback of New Deck = 25' 0-75' Hardcover Allowed = 0% 0-75' Hardcover Existing = 11.27€ 0-75' Hardcover Proposed = 11.50% History of Property: Existing house was constructed in 1973, allowed to be 40-50' from existing pond connecting to Lake Minnetonka. In 1982, an existing 121x18' ground -level deck was replaced with a 2cond story screen porch 1719"x2216". This porch was noted on the permit as being 40' from "wetlands". Durda's bought the property after 1982, and were given permission, by the Building Department, to create 3' wide "catwalks" or balconies along the perimeter of the porch and at bedroom to allow for safety of the existing walk -out doors off the porch :nd bedroom (doors had been constructed to open into thin air). Spring 1986 - Mrs. Durda had the existing 72 s.f. concrete patio removed, and replaced with 144 s.f. wood Jeck, without permits. C-�^k and stairs are about 25' from edge- of pond, old patio was 3C-35' from pond. Zoning File #1075 September 10, 1986 Page 2 - Applicant requests after -the -fact approval of this new deck, and requests approval to construct an additional 31x16' catwalk to connect the porch balcony and the bedroom balcony. Discussion: Perhaps the initial issue to review is the status of the pond on this property. The pond was dredged out some time prior to 1960 but does not show up on plat maps as part of Lake Minnetonka. It is definitely connected to Lake Minnetonka and was issued a Cond_tional Use Permit for dredging and rip -rapping in January 1986. Staff feels that this pond definitely is subject to the 75' setback requirements for lakeshore property. Based on this, about 3/4 of this lot, including most of the house, is in the 0-75' setback zone. It appears that the porch permit in 1982 should not have been issued based on the 75' standard, however, it was issued. The matter at hand is whether to allow the new 144 s.f. deck to remain and whether to permit construction of the requested balcony. The patio nets out to about 72 s.f. of new hardcover that was not already in place, or an increase of about 2/10 of 1 percent. The balcony is proposed to be 3'xl6' or 48 s.f., and is mostly under the existing overhang, and with the rock beds along the perimeter of the house, the balcony will have a very small impact in increasing the hardcover. Is the professed "need" for a fire excape route a sufficient justification to grant the variance for the balcony? Is there a demonstrated hardship that justifies granting after -the -fact approval for the deck? ; s A r. •�_< . .M Fon p�n.,, Staff Recommendation: If either or both of the projects are approved, you should make findings of hardship that justify the variances. If the deck is approved in full or in part, Planning Commission could recommend that the contractor be double -feed as a penalty on the required permit for whatever work is allowed. Note that there are extensive rock beds along the perimeter of the house. These are underlain by plastic, and staff would recommend that if any portion of the variances are granted, that an equal or greater area of plastic in the 0-75' zone be removed. Vim{ #r/ / SU . iJ O L ct�c 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 3135 North Shore Drive, Orono, Minnesota, 55391 Property Identification Number (P.I.D.) 09 117 23 32 0018 Please check one - Is the property abstract or X torrens? Please attach legal description to application if not included on required survey. Tract A, R.L.S. No. 1113, uennepin County, Minnesota --------------------------------------------------------------------------- APPLICANT Name Joseph and Delores Durda Phone 471-0624 Mailing Address 3135 North Shore Drive, Wayzata, Minnesota 55391 --------------------------------------------------------------------------- OWNER Name Joseph and Delores Durda Phone 471—OA24 Mailing Address 3135 North Shore Drive, Wayzata, Minnesota 55391 Date Property Acquired November 1985 (month/year) I XYY W (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District Lakeshore Residential Present Use of Property Single Family Residential n/a Other (specify) n/a --------------------------------------•------------------------------------ DESCRIPTION OF REQUEST Estimated Construction Cost $1,100.00 Describe request in detail: Extend 3 foot wide balcony 16 feet to meet an existing balcony, and rep_lace_existinci concrete ratio with wood nlank nlatfnrm --------------------------------------------------------------------STdL9A9rk• VARIANCES REQUIRED Lot Area Setback Variances ( Lot Width X Hardcover Frunt Side Rear) Other Setback from pond connected to Lake Minnetonka -------------------------------------------------------------------------- #r/ / SU . iJ O L ct�c 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 3135 North Shore Drive, Orono, Minnesota, 55391 Property Identification Number (P.I.D.) 09 117 23 32 0018 Please check one - Is the property abstract or X torrens? Please attach legal description to application if not included on required survey. Tract A, R.L.S. No. 1113, uennepin County, Minnesota --------------------------------------------------------------------------- APPLICANT Name Joseph and Delores Durda Phone 471-0624 Mailing Address 3135 North Shore Drive, Wayzata, Minnesota 55391 --------------------------------------------------------------------------- OWNER Name Joseph and Delores Durda Phone 471—OA24 Mailing Address 3135 North Shore Drive, Wayzata, Minnesota 55391 Date Property Acquired November 1985 (month/year) I XYY W (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District Lakeshore Residential Present Use of Property Single Family Residential n/a Other (specify) n/a --------------------------------------•------------------------------------ DESCRIPTION OF REQUEST Estimated Construction Cost $1,100.00 Describe request in detail: Extend 3 foot wide balcony 16 feet to meet an existing balcony, and rep_lace_existinci concrete ratio with wood nlank nlatfnrm --------------------------------------------------------------------STdL9A9rk• VARIANCES REQUIRED Lot Area Setback Variances ( Lot Width X Hardcover Frunt Side Rear) Other Setback from pond connected to Lake Minnetonka -------------------------------------------------------------------------- HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: Second floor balcony extension would provide a desired fire escape from the master bedroom; and the wood plank plat - from sidewalk replaces an unsafe and deteriorating concrete patio witH a stepped -------------------------------------------------------------------wa wa-+-V DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: ------------------------------- -------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners wit!�ii: 150' (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey includi.-T hardcover calculations as required. 5. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. ----------------•--------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby ar- !s to provide all information required or requested by the Zoning Administrator, agrees to pay ail fees and/or unusual expenses incurred in review of this application, and certifies that the information suppled is true and correct tv the best of his/her knowledge. Applicant's Signature.,',% - OWNERS SIGNATURE Date August 21, 1986 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 verificatif of this request. Owner's Signature ,� I , ,. ,,., �, . .-.t , __ Date Auqust 21, 1986 ---------------------------------------------------------------------------- Applicant must have all submittals into the City off_ces 25 days before the Planning Commission Meeting. Planning Commission Meetings -re held on the third Monday of each month. ROBFRT P LARSL kN IEFFRtY W LAMBERT KATHLEEN M. ROER LEE R. BISSONFTTE BRUCE A. BOWER PATRICIA YOEDK.KE K^AY H MCCARTHYN1HS P RHODE RAYMOND E. PIIRALNE.N CITY rc ORONO Build'- nd Zoning Post a Box 66 CrystL. Bay, Minnesota 55323 LARSON & L; Q i6 RT . ATTORNEYS AT LAW 1000 SUPLRIOR BOULEVARD W AYLATA, MINNESOTA 55391 (612) 475- 3435 Re: Variance Application Mr. and Mrs. Joseph Durda 3135 North Shore Drive Ladies and Gentlemen: August 21, 1986 OF COUNSEL D JAMES NIELSEN Mr. and Mrs. Joseph Durda, 3135 North Shore Drive, have retained our '-aw firm to request setback and hardcover zoning variances, if necessary, to allow for certain construction related to their homestead. The contractor is Mr. Arlan Stoltenow, telephone 1-395-2652. Attached is the City of Orono - Variance Application, along with the required exhibits. First, the Durdas seek to extend a current three (3) foot wide balcony approximately sixteen (16) feet to connect with a balcony off the master bedroom. This extension is being requested primarily for safety reasons. The second floor master bedroom balcony is currently the only fire escape from the master bedroom. Please note that this balcony is of wooden plank construction which, although it does interfere with the direct absorption of rainfall into the ground, does allow for rainfall absorption into the ground between the planks. It should also be noted that this three (3) foot wide balcony is situated approximately eight (8) feet beneath an approximately thirty-two (32) inch ove; hanging eave, therefore the actual hardcover interference is significantly less than the three (3) foot width of the balcony. Second, the Durdas have replaced an approximately 72 foot square first floor concrete patio with an approximately 144 foot square wooden plank platform sidewalk. The former concrete patio had deteriorated to the point that it was unsafe as well as no longer fit for the purpose it was designed. The platform sidewalk was constructed as a logical walkway with steps due to the contour of the property. V City of Orono/Building and Zon;r:g J a:a•r "-"'' August 21, 1986 Page Two Please note that this platform sidewalk is also of wooden plan construction which, although it does interfere with the direct absorption of rainfall into the ground, does allow for rainfall absorption into the ground between the planks. It should be noted that the former concrete patio was definitely impervious to rainfall absorption. The ,•emoval of the former concrete patio should allow for some increased absorption through the wooden planks into that ground which was formerly covered by the impervious cone-pte. The sidewalk is not constructed on permanent footings. The platform sidewalk is also situated on two of its four sides approximately sixteen (16) feet beneath an approximately thirty-two (32) inch foot overhanging eave, therefore, the actual hardcover interference by the sidewalk is somewhat less than the expanded square footage of the sidewalk. Mr. and Mrs. Durda request that the City of Orono grant the variances necessary to permit the replacement of the former concrete patio with a larger wooden plank platform sidewalk and to permit the extension of the second floor bale, iy. Please refer to the attached City of Orono - Variance Application. Contact me with your questions or comments. Sincerely, �LA ON & LAMBER Raymo d E. Piirainen REP/gm Enclosures cc: Mr. and Mrs. Joseph Durda /044-" ' �� % lr. a �••s. �. b �oNl 10 I S /� C♦b `� . j •� \�Z .e . /` _\ •�0��/1♦r :=I; -gyp 0�:,,u �� f. / \ \0 � � � „ � � ` •, �V \p o !fit I �, • s+ � �ko % \� \ao• ► 6�yi Z / e o �, \off s? ` r M 0 2 , �sr ti� ,•�' rO�do d "ach Res 6 \00 i V A `° P p J,*r . \lao I!, \(0` >> ram\\ 7 � � `� + +/•?��• M�w��,125 � .�S- � �\� !" � lb lk •oo � te't yet. ,,• o f �. ,. S,,.B. ��?'. •e , �. ✓ice ,o• • � R . 0 `o;f•r�N f.S. N o o NO. 11 i3 L14 , 0: IOJ JLM ?,•S I JLM JLM ZP — IZAojr i I (1250) ll ;o PI; 1 - - OF, 11/86 CATCH -.6 38 09-117 32 0006 PROP ADOR 03090 NORTH SHORE OR C«Y.ER NAME BETTY E COLLINS TAXPAYER JAMES G JINDRA t..AP*E/ADS-a 30')0 1'-}TH SHORE OR WA+Z41A MN 55391 38 09-11'-2� o0^" PROP ADDR 03130 NORTH' -?r L`R C'-n,'ER NAME `i ,, P.FNNEk Eif.t � *,P-'/ER AERMAN J PeNNFR N4r.F!AOOR 3!80 NORTH S'.ORE DR t- `ZATA MN 55311 38 ri-117-23 32 0018 PrfUP 4,`'1R 07135 NORTH !:r10PE DR C:111'_N NAME J b 0 DURO-N • TAXPAYER JOSE='H OURAA NLME/AOOR 3135 N SHCRE :118 ORONO MN 55391 Am :8 :17-23 33 0009 PPne ADOR '317. NORTH Si:CIRE DR C -R NAt tREOEOTCT. T MILLEP PAYEI REDERIC,; T MILLEF) 3175 NORTH SHORE OR OPONO MN 55 .� PPOP 0DOR NETT NAME TAXPAYER TOTAL LATCH V%ME/A0DF 0"6 000!2 HENNEP'N COUNTY PROPERTY INFORMATION SYSTEM PROPE'..If OWNERS LIST 38 09-117-23 32 0007 0312r NORTH SHORE OR ELSIE `TARTER MARK b C�•RO!. ENGEBRETSON 3120 NORTH !zgORE OR WAYZATA MN 55?11 3t j9-117-23 3? 9013 031 ! 5 NORT- DR InAh J ANTH AN i A ILA., 5 NO';!" "ORE DRIVE '-ZATA It i5391 38 09-117--25 33 0001 03157 KORTH SHORE OR JACK F RhC.:E JACK F RHODE 3155 NORTH SHOPC DW WAYZATA MH 55391 38 09-Ili-23 33 0013 03145 NORTH SHORE DR J b S BUSSE JOtiN B OR SUSAN M BUSS:: 31Z-5 NORTH SHORE OR ..YZATA MN 55391 REPORT NO. PI435401 PAGE 12 38 09-117-23 32 0008 03160 NORTH SHORE. DR AGNES STETLER CHARLES W STETLER 3160 NORTH SHORE DRIVE WAYZATA MN 5539`. 38 09-117-23 32 Ol•_ 03105 NORTH SHORE O" IRMA 0 LUNOgUIST IRMA 0 LUNCOUI5T 6004 BERl:E CIR EDINA MN 55436 w 38 09-117-23 33 C002-''„t-- 01430 B04NS POINT RD Wh J LAUER ET AL TRUSTEES WILLIAM J LAUER";-. 15409 WAYZATA BLVD L.:�7ATA t1N 55391 38 09-117- 33 0016 03185 NOR : o SHORE DR eNdl T b S ENLOW THC,i,•S C S SUSAN S ENLOW 3185 N SHORE nR URONO MN 55 ;91 �J k3, `:At'._:C'"" � _ ...._:at. _••..-..s !�:: :..w::s j . ova (`, ��7F , RDA S� Ft''3303 �v�n �� /�•3 % o� n��^vc" �,� �� . � I3�'�3° � �� l , fit �.. /. ,U,l�-�;��,�• r izoSZ 4 � / /✓ �=+c�� 1 �13. Z 416 10.9 1w o - Denotes /,-or7 A4617ume,71 I hereby certify that this is a true and correct representation of a survey of the boundaries of: Tract A, Registered Land Survey No. 1113, Hennepin County, Minnesota And of the location of all buildings, if any, thereon, and all visible encroachments, if any, from or on said land. As surveyed by me this 18thday of July 19B5 Thomas S. Bergquist / Registered Land Surveyor, Minn. Lic. No. 7?15 IFN CERTIFICATE OF SURVEY SATNiiE•SEAGOUIST, INC. for M lAAT WATIATA •►YO • WATfAtA. MM 69,At _14upNowe•il-41sN4A F f 1i ii� , t l Y Q�►�`1�11 G� Q�Lir��eJTQ� PIIM11T . p DA-rr- IssuEn ._ S AND APPLICATION FOR CERTIFICATE OF OCCUPANCY EXPIRES P.O. SOX 66 CRYSTAL BAY Mu 55323 4737357 [FIRE DISTRICTSITE ADUHESS____�_VJJ. LEGAL DESCRIPTION. PROP. 10LOT ZONE 1VN♦rR IName, (Addres%) (Phone) _ VAN. DATE t:ef., 1w 1 � 1 _1<'` Nr - _ - s I 1R6HITE !ENGINEER • Mum Cert.ly Multi Family, Commeretal Yi Industrial Construction Plans COND. USE DATE ERT.NO. ___ _.__._ .. _ __. ____ __ i j r (Firm) t/lddressl (Phone) LOT AREA WIDTH DEPTH PROPOSED SETBACKS Ff 7r R.SI RE /R / LS E� LI LAKE WLTLANDS, --- --- 4 ' --- ACCESS NEW EXISTING AGENCY APPROV. DATE CITY COUNTY STATE — - —_-_ PR I FtSf r, t: N I REMARKS. 13UILDER 1 r�u� IAddiossl (Ph mel 1 T YPE OF WORK NPIA d'tlon ` Hr"?nllc' Ronovale -it%:;T TVVI 141IN, !ila't Lj .. .. el I.SI Ill N11A11 S1,It, Its 1 PER4IT FEES' HLUG PERMIT .�� Bull MS 1*1.I1 STATi I EE , .I. ,Int,.s -- --- M 4.P - -- - ---- ;,LAN REVIEW Ile, Id T 111' UATt Alf T ---.—_—_ —._. ---- PENALTY INSPECTION REQUIRED FOOTING Ueltne pow tHAMING ,uuyh In INSULATION _... WAI. L60ARD Oelme T.qums r INA L hetu,e occup,incy WORK 9f VONLU I OR WI A It UUIREU INSPLCTION WILL B1 !.(ll! JE CT TO PE NA L T V INSPECTION Ih)t offs 4/1 11',l LAILTI 17AM 1NSP 1 411M (Aft 1 4 :' M IN!d• NI x I DA V ^il)N 1!� SII) PHOI'Utill) lISE C L ASS_ WORK IIEOUIRING SEPARATE PERMITS PLUMI)IN(i MECHANICAL wits $1 PI IC _ St wr H WArtll (,I1Atltv(, R I it I.INt, 1 1 t I- f ttl(.A) 1--Scow COPY whiff f 11 t idit I N 1 INANI I CANARY 1N:iPtCTr)11 41011) 1411.1It.: PINK ASM SSOH PARK FEE SA', CIIAIICE I - I IJ* //- — --j TOTAL DUE_S ./ `n` ACKNOWLEDG01ENT I /IE L1NOlHSII,NI t) tit 141 to I., UUf :GI:: Pt I46+ISMUN TU MAtcl till HEAT I%gVltOVlMf NIS SP! CIFIEl) ANO OELLARES UNUf H 1'1 NAL I V Ot t AtV A(:KNOtVi I t)(,LW NI ANU ACCEPT• ANCt Uf A( t. INf 01MIAT ION (AINVIT IONS ANO HFLNNRE MINIS RI hil'i1 INII U (IN 1141•; 11411 ttf.lf NT till t1NOEH SICNtU I Will HLIt Aulit1:: 10ill i I t. WIHIKS IN STIIIICT CUM. Pt IAN(1 WITH At t ClI It fit Off, 1 , )Hl11NANCI S ANO STATE Of MINNI SOIA (hill I?IN', It M l 'i11!, NIS Cam,•-.._� /' '. ,�P�,id AMICATC"'W'"l 6r2 DBURC"."'129 FER 57 ACID CERV GCME 07 CM1,?8CIj tv --- / 1 PERMIT FEE VILLAGE OF ORONO, tail;.-NUOTA STATE FEE i �� c2NAL7CEE 0 40 0 I OIRECTIOtak PERMI� TOTAL FEE SPACES NUMBERED 1 TNnu 12 MUST DE FILLED IN N �° 2 Q 7 5 v ZONING DISTRICT BEFORE PERMIT IS ISSUED (Plisse Prm1 or TYpsl If 1 SITE ADDRESS lI 2 DATE FIRE ZONE 135 IVORTH -+c sec Dp i VF f 1281-73 AGGREGATE FLOOR AREA ( 7 LEGAL DESCRIPTION TR,4C7 4 C S /113 _ PLAT NuM7ER 2 �7 IS t3 PARCEL NUMO_ER DD FLOOR AREA RATIO A OWNER (Nanwl (Address) (TN No 1 DLi A1\1I NOF I3otao MATERIAL FILE WITH _ C_ I K_A91.14QNSUitcr V'0.017e S ARCHITECT (Name) IAddressl 1101 No t OFiSTREEiPAR[INO t Ro6FK 4,4groiAPJ yICT<)RIA qY3-2209 a. BUILDER (NOR*) (Address) ITN No I R06 FR MUT014 A) V I C'10 R I A 7. TVPE OF WORK �f CONSTRUCTION �r" N � FOOTING__ a SIZE OF STRUCTURE 8 NO OF STORIES 10 ESTIMATEDCOST IHs ,041 (w,dln l lonth) & S 3 / S/R _ --- - — SO 000 11. COMPLETiMOATE 12 PROPERTY DIMENSIONS 17 NO OF FAMILIES I"Appl-cable) N S 57 /�_ >r23S� xl7o xlulxlsd'i. I BSI -, YPE OF CONSTRUCTION 15 PROPERTY AREA 16 LOST AREA PER FAM'LY FIQn.tF- lT 6L e i !;a FT _ SO FT 10 REAR YAPD 19 SIDE YARDS Z & FIRM ACKNOWLEDGEMENT AND SIGNATURE: The undersigned hereby represents upon all of tho penalties of low, for the purpose of inducing file VILLACE OF MONO to I Au CERTIFICATE OF OCCUPANCY ISSUED the action herein requested, that all statements heroin are tru* and that all work herein mentioned will be done in accordance with the ordinance of the VILLAGE OF ORONO. the State of L91nn-sot3, and ►uhngs of the Guilding Department. �J d,4 44rU- — - - - - l'E _.. /K/ / L/ ATURE AP►ROYEp COTE �O71 p .';rr/ k�C" 4" et (flvo'-x , pR 3i918 . C�' S% Qr� 1 ,� //a, n'a,/i"f Df,vew,,ys� pR� • S� �+' 3°3 �a�a 16 e 9•.� / of move Wi let Ds2 � go 1 area -Ti r � A� Z° 52 ? 3.24 w loc b , POND � A�' � �. A �� I 7� 170.00 . !z yap . G �G `. ,fi'�`�'S'�� F��,�°�� C' z i ••' i � �'f� �O a E z1�= 'oS�' • f �P o -belles ko/? Monumenf f ! �� yy4. 2c1011 I hereby certify that this is a true and correct representation of a survey of the boundaries of: Tract A, Registered Land Survey No, 1113, Hennepin County, Minnesota And of the location of all buildings, if any, thereon, and all visible encroachments, if any, from or on said land. As surveyed by me this 18thday of July 19 P5 �. 41- 7 �T' (•• <- I �� 1�c�%� Thomas S. Bergquist / Registered Land Surveyor, Minn. Lic. No. 7725 /"=6O' CERTIFICATE OF SURVEY 8ATHRE-BERGOUI8T, INC. K for —' 40 SD ....A.T WATZ.T..kVO . W.IWA• MN ..1.1 [DINA REALTY ..1.«TY...1.. T. A... Z267-/ 3135 North Shore Drive - Hardcover Review Lot Area 0-75' = 31,300 s.f. Existing Hardcover: House(31.4x50)+(20x25)+(11.4x25)+(15xl5) - 2,325 s.f. 2 2— Porch (17.75 x 22.5) Porch Deck 3' x 65 s.f. Bedroom Deck 5' x 12' +/- Old Conc. Patio (Removed) Rock W/Plastic N. End 125 s.f. NE Side 100 s.f. Around Porch 250 s.f. 0-75' Total 3,527/31,300 400 s.f. = 195 s.f. 60 s.f. = 72 s.f. net (Underlays 100% of Proposed Balcony) = 475 s.f. = 3,527 s.f. 11.27% Net Added W/Patio Deck = +72 s.f.; = 3,527+72= 3,599 3,599/31,300 = 11.50% Lot Area 75-250' 13,300 s.f. Existin, Hardcover: Garage (35' x 27.8') = 973 s.f. Driveway = 3,000 s.f. Rock W/Plastic Around Gar. = 250 s.f. Rock W/Plasti.c Between Driveway + House = 1,050 s.f. Additional Rock W/Plastic = 600 s.f. -------------- = 5,873 s.f. 5,873/13,300 = 44.2% A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 & 2 FILE #1075 WHEREAS, Joseph Durda (hereinafter "the applicant") is the owner of the property located at 3135 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: Tract A, Registered Land Survey No. 1113, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.22, Subdivision 1 & 2 and 10.55, Subdivision 8 to permit the construction of a balcony and after -the -fact construction of a deck, both located less thar_ the required 75' setback from the lakeshore, and constituting structural hardcover in the 0-75' lakeshore setback zone where no hardcover is norma 11 y a 11 owed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1075. 2. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District. 3. The Orono Planninq Commission reviewed this application on September 15, 1986, and recommended approval of the proposed variance based upon the following findings: A) The existing residence on the property was cons'-ructed in 1973 prior to the 1975 zoning code 75' `back requirement, and is located approximately 42' the lagoon on the property, the shoreline of which is cu' tiered by the City to be the lakeshore of Lake Minnetonka. B) Lot area in the 0-75' lakeshore setback zone is 31,300 s.f. of which 3,527 s.f. or 11.27% is covered with impervious surfaces (hardcover). Lot area in the 75-250' lakeshore setback zone is 13,300 s.f. of which 5,873 s.f. or 44.2% is hardeovered. Page 1 of 4 C) The applicant's contractor removed a 72 s.f. concrete patio in the 0-75' setback zone and replaced it in the same general location with a 144 s.f. wooden deck in Spring 1986, without obtaining the necessary approvals or permits. The deck is located 25' from the lakeshore. The deck construction results in a net increase of 72 s.f. of 0-75' hardcover, or an increase to 11.50%. D) The applicant is requesting approval for a balcony extension on the second floor between existing balconies serving the master bedroom and screen porch, all within the 0-75' setback zones. The entire proposed balcony extention is above existing hardcover consisting of rock beds underlain by plastic, hence no increase from pre-existing hardcover will result from the proposed balcony. The balcony extention will provide a secondary fire exit from the master bedroom. E) The property contains a large square footage of rock beds underl,-�in by plastic in the 0-75' zone, from which the plastic can be removed to compensate for the increased deck hardcover. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal zoning Code Section 10.22, Subdivision 1 & 2 and Section 10.55, Subdivision 8 to permit the after -the -fact construction of a deck constituting an increase of 72 s.f. of structural hardcover- in the 0-75' lakeshore setback zone, and to permit the construction of a balcony extention which constitutes additional structure over existing hardcover in the 0-75' lakeshore setback zone, subject to the following conditions: Page 2 of 4 1. The balcony shall be limited to a 3' width along the house between the existing bedroom balcony and screen porch balconies. 2. Ths deck may remain in place as constructed. To compensate for the deck hardcover, an amount of plastic equivalent to 72 s.f. in area shall be removed from rock beds within the 0-75' setback zone, resulting in no net increase in hardcover above the pre-existing 3,527 s.f. (11.27%) in the 0-75' setback zone. 3. The applicant is advised that any future proposal to increase hardcover on the property, including installation of additional landscape rock beds underlain by plastic, will not be approved? and might be approved only with concurrent removal of equivalent amounts of existing hardcover. 4. 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 (October 13, 1967). 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the ch,_ ^ of title of the property. Adopted by the Oron i-ity Council on this 13th day of October, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Property Owner(s) Page 3 of 4 To: Mayor Butler G0Tij �u Mark E. Bernharuson, City Administrator Orono Council Members `!x" D�• Planning Commission Members From: Jeanne A. Mabusth, Zoning Administrator Date: September 10, 1986 Subject: #1077 Mrs. Ingeborg Cici, 875 Wayzata Boulevard - Variance to Limited Development Ordinance (Ordinance 13, Second Series) Planning Commission Action Prior to making a formal recommendation for Application #1062, Mrs. Cici's conditional use permit/commercial site plan application, Planning Commission must first act on approval of a variance to the temporary moratorium ordinance involving the Highway 12 Study Area, List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Ceritificate of Mailing Exhibit E - Legal Notice Exhibit F - Bouley Letter to Kilbo Exhibit G - Bouley Letter to Council Exhibit H - Access Plan - Staff Sketch The eastern portion of the Highway 12 Corridor has had little attention because early in the review process the City determined that the current residential zoning would remain unchanged and that it would not be cost effective to extend municipal services from Wayzata or Long Lake. This specific area was to be opened to innovative quasi/commercial uses that proved compatible with surrounding residential zoning and required no extension of municipal services. One of the purposes of this study was to develop standards for commercial uses for the vast stretches of Highway 12 that will remain residential and not served by sewer or water. The proposed use is already deemed compatible with current residential zones and based on preliminary review of septic testing and applicant's plan to sprinkle the nursery school structure, there appears no need for municipal services now or in the future. The site well exceeds the required 2 acres in dry buildable area. As staf f noted in the review of last month, the mdi.n concern in the development of this sitF is the i ;,suu of safe access. Zoning File #1077 September 10, 1986 Page 2 Staff has met on the site on 2 occasions to determine the best access location. The engineer's report is not available for enclosure in your packets but will be available for discussion at your meeting. The cemetary access in Wayzata is not considered safe as far as si ,iiting distance relates to 40--55 MPH speeds. The engineer recommends a shared access along the mutual lot lines of cemetary and proposed nursery school property. The State Highway Department will provide a left turn lane - (see diagram enclosed, Exhibit H). Chief Kilbo is most concerned with access to this site and has recommended moving the nursery school access as far east as possible and a left turn aisle. Kilbo's comments were completely independent of the other reviewing staff members. Note Exhibits F & G, it would appear Orono residents along that same stretch of Highway 12 are also concerned with the safe use of the site. Acce. to the new facility will be forced to intersect the designate. wetlands. The engineer has been advised to establish construction standards for the proposed road. The M.C.W.D. and Corp. of Engineer will have to review the road plans of applicant. City must grant a variance/conditional, use permit if road must be located to east of property; the area designated as a wetland. Mrs. Cici has been advised of the approved location and has voiced concern with additional costs involved with a road that must intersect a wetland area. Application 1062 has peen tabled by staff until your October 21st meeting because final submittals nor final plans were completed by required deadline dates. Planning Commission may act on the variance to the moratorium separately, staff recommends approval as follows: To approve Ingeborg Cici's variance application to the limited development (Ordinance 13, Second Series) for a property located at 875 Wayzata Boulevard located within the eastern portion of the Highway 12 Planning Study based on the following findings: 1. The proposal is not found to be in conflict with the current Comprehensive Plan nor any amendments considered or proposed by the City. 2. Standards for such reviews have already been established for such uses. 3. If access is located per recommendation of reviewing staff, there shall be no adverse impact on the health, safety or welfare of the general public. Zoning File #1077 October 9, 1986 Additional Comments and Planning Commission Recommendation: Additional List of Exhibits Exhibit I - Kilbo Memo Exhibit J - Lynch Report Dated 9/11/86 The Planning Commission voted unanimously to recommend approval of Mrs. Cici's variance to the Limited Development Ordinance per the staff recommendation on page two of this memo. Staff had originally planned to present the Cici project in a comprehensive review covering both the moratorium variance and conditional use permit/commercial site plan for the nursery school but the applicant has asked to address the Council on matters surrounding the access recommended by the reviewing staff. If Council reviews the minutes of the September 15th Planning Commission meeting, access was clearly the major concern. Access to the site had to be deem:-3 safe before the Commission could make the necessary finding that the public welfare would be safeguarded with the development of this property. The problem for the applicant is '-he realization that all construction costs for this new access road must be borne by the developer - this, of course, includes the left turn lane within the right-of-way of Highway 12 estimated by the Highway Department would be at a cost of approximately $30,000. The applicant and current owner of the property c'.aim that such costs make the site impossible to develop and seek relief from the City. Staff has advised both applicant and owner that the City has never participated in the financing of road improvements benefitting private development. Staff would suggest that road construction costs could be absorbed by additional uses of the property. The property consists of 6+ acres of dry buildable contiguous lands and provides a potential for 2 additional use units if planned carefully note the majority of the road appears to be located in the defined wet areas along the eant borders. Council Action: To give conceptual direction to staff to pr are a comprehensive approval resolution for both the variance to the Limited Development Ordinance and the conditional use permit/commercial site plan application for the day care use at the time the later application is ready for Council action. CITY O GENERAL LAND USE APPLICATION ---------------------------I ----- ----- - - ..ate-------- PROPERTY LOCATION %375 v 2--b ril. � 13 Acres more or less on South side of Hwy. 12 Site Address Address still to be assigned. Property Identification Number (P.I.D.) 35-118-23 43 �000005 Please check one - Is the property X abstract or torreas? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Ingeborg Cici, President of Busy Beaver Day Care, Ir;r_. W-473-6245 Name _Mr. Pandeli M. Cici, husband Phone 420-2789 Mailing Address 7532 Troy lane, Maple Grove, Minnesota 55369 ----welling y - -------------------------------------------------------- Name Mr. R. K. Bergeson, President Phone 475-0111 Mailing Address 16605 - 13th Avenue North,, Plymouth, Minn. 55447 Date Property Acquired _ :T ne - (month/year) I (do) QQ no ) also own the adjonent parcels of land. PEES - CONDITIONAL USE PZFd4ITS $100.00 a) Residential accessory Use 2_ $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 walla within 75' of lakeshore PRD/FID - see fee schedule OTHER APPLICATIONS $150.00 Commercial Site PlAn Review (+ consultant fees) $250.00 Vacation $150.00 Easement Vacation $ 50.00 Casement Vacation With Subdivision That part of the Southeast 1/4 of the SE V4 of Section 35, Township 118, North Ranoe 23, W of the Sth Principal Meridian descirbed as follows: Beginning at a point or ;he M Iine of said SE 1/4 of the SE 1/4, 29.7 feet North of the NEIy Iine of the right of way of the Great Northern Railway Company; thence N along the W Iine of said SE 1/4 of SE 1/4 to the S Iine of the right of way of the Electric Short Line Railway Company; thence Ely along the South Iine of sa'd Electric Short Line RaiI%ay Company to the SWIy Ifne of State Hwy 12. formerly No. 10; thence SEIy along said SWly line of said Highway to a point distant 385 feet measured at right angles from the S Iine of Section '5; thence Wly parallel with and distant 385 feet measured at right angles from the S ling. -f said Section 35. a distance of 1011.05 feet to the point of beginning. hLSO, all that part of the SW 1/4 of the SE 1/4 of Section 35/-118/73 lying ; of The SEIy right of way line of the Electric Short Line Railway Company and NEIy of thr NEIy right of way fine of the Great Northern Rallway Comp..iny. OTHER APPLICATIONS - CONT. `�• � r••f.Y hw $250.00 Rezoning $200.00 Appeals Other - see fee -.1.edule -- -- •------------------------------------------ PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential X Other (specify) -- ------------------------------------------------ DESCRIPTION REQUEST Describe request in detaJ 1: to bui I a Day -Car Centernow and a Resi denr_e a a a er a e. REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of cwners within 350' (you can .obt this list from Hennepin County Department of Finance A-603 Governm Cernter 348-3271) 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the on the above list with no return address. 4. Certificate of survey. 5. Construction plan, if applicable. 6. Plat Map. The applicant and rroperty Owner must sign this a—lication. Pleas remember that your application is i.ot complete if the _.jove information ha not been included. ----------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant here._.I agrees to provide all information required o requested by the Zonin,; Administrator, agrees to pay all fees and/o unusual expenses incurred in review of this application, and certifies tha the information supplird is true and correct to the best of his/he knowledge. Applican's signature �cJ ,�1, �! (f Date OWNERS SIGNATURE The owner hereby acknowledges and agrees tn this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation rna verificatio of this request. Owner's signature 1�� / ) ,/(•��t-s Date �7/` �L ---------------------------------&------------------------------------------ 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. + .y �L 11 ,+ "lf J.�, w '� p♦ w n0 (t i'�� Oj o i: w�t�ii• l,•�,co , : So_ )1+:U+s21, ) wa eol.� t] O(oO30 I 3)vM�w 06 zoo :.::...'�. 47`O l CIO q1 - a asp 9 = •S�a' , " "ti ' * 2_ r J 3 ,'ot��•i V 1`: 61•'�,,. a�'�+,�, •N .+.yeiw� o /�l Zl j (11 ri•• �) ,o►� '} !._� 9 a Ise tL) � N��•01�0=_o � N R A �2S ,�•f._,,. �Fo ao • 1 '=97 G Y WAYZATA 1fr9l / 3 `. .q- i aF VdR�Z t P e — _ 1•._ s' PUN DATE 07/28/86 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 PROPERTY OWNERS LIST PAGE 10 EATCH 003 38 35-118-23 41 0006 38 35-118-23 41 0010 38 35-118-23 43 0003 FRCP ADDR 00920 WAYZATA BLVD C=ER NAME D E "MERSON ETAL E L PETERSON THE WELLING CO TAXPAYER DARRELL E ANDERSON MRS JAMES M BOSS THE WELLING CO NAME/ADDR 920 W WAYZATA BLVD 270 N GREENHILL LANE C/O R K BERGERSON WAYZATA MN 55391 LONG LAKE MN 55356 1299 BLAKC OAKS COURT :LYMOUTH MN 55447 38 35-118-23 43 0022 38 35-118-23 43 0023 38 35-118-23 43 0026 PROP ADOR 01190 LYMAN AVE 01180 LYMAN AVE C'..'4ER NAME B E PALMER & J M PALMER N 3 C DEWITT BURLINGTON NORTHERN RY TAXPAYER BRIAN E & JULIA M PALMER NGRMAN W DEWITT BURLINGTON NORTHERN RY NAME/ADDR 1190 LYMAN AVE 1737 KNOX AVE S WAYZATA MN 55391 MPLS MN 55403 38 35-1.18-23 43 0028 38 33-118-23 43 0029 38 35-118-23 44 0004 F'PC? ADDR 01170 LYMAN AVE 00850 WAYZATA BLVD C:.::rR NAME L I A BOWYER 0 C 8 E D MOGEN VINEYARD OF THE LAKE INC y TAXPAYER LARRY M a AN14 M BOWYER DONALD C i ELEANOR D MOGEN VINEYARD OF THE LAKE INC 1170 LYMAN AVE 7450 BELLAIRE AVE C/O ROBERT WNITESSEL -- WAYZATA VON 55391 DUBLIN OH 43017 3111 OLD COU14TY RD WAYZATA MN 55391 38 35-118-23 44 0005 38 35-118-23 44 0006 72 35-118-23 43 0001 F.0P ACDR =4ER NAME THE WELLING CO STATE LAND DEPT JAMES A LOOSEN ETAL TAXPAYER THE WELLING CO STATE LAND DEPT JAMES LOOSEN NAME/ADDR C/O R K BERGERSON FOR SALE TO ADJACENT 225 LINDAWO00 LA 1299 BLACK OAKS COURT PROPERTY OWNER ONLY WAYZATA MINN 55391 PLYMOUTH MN 55447 72 35-118-23 43 0015 72 35-118-23 43 0017 72 35-118-23 43 0019 FFOP AD^_R 00208 LINDAWOOD LA 00213 LINDAWOOD LA C'.':ER NAME JOHN R CHARLTON ETAL LUCIAN S STRONG III ET AL MARIANNE AUSTIN-SHARMA TAXPAYER JAMES A LOOSEN LUCIAN S STRONG III MARIANNE AUSTIN-SHARMA NAME/ADDR 225 LINDAI.'OOD LANE 208 LINDAWOOD LANE 213 LINDAWOOD LANE WAYZATA MN 55391 WAYZATA MN 55391 LONG LAKE MN 55356 ANN-- - 72 35-118-23 43 0021 72 35-118-23 43 0027 72 35-118-23 44 0001 FRCP ACDR 00225 LI►DAWOOD LA. 00205 LINDAWOOD LA 00925 WAYZATA BLVO W C'.::ER NAME JAMES A LOOSEN ETAL GREGORY T PULOS ALFRED J BRONTE ETAL TAXPAYER JAMES A LOOSEN GREGORY T PULOS ALFRED J BRONTE NAME/ADDR 225 LIN3AWOOD LANE 410 LAKE TERRACE DR 925 W WAYZATA BLVD WAYZATA MN 55391 MAPLE PLAIN MN 55359 WAYZATA MN 55391 RUN DATE 07/28/86 BATCH 003 72 35-118-23 44 0002 FROP ADDR 00915 WAYZATA BLVD W C;:'!ER NAME E J BOULEY ETAL TAXPAYER. E J BOULEY NAME/ADDR 915 W WAYZATA BLVD WAYZATA MN 55391 PFOP ADDR r-"v ;ER NAME TAXPAYER TOTAL BATCH N=E/ADLR 003 00021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 72 35-118-23 44 0009 GREGORY T PULOS GREGORY T PULOS 410 LAKE TERRACE OR MAPLE PLAIN MN 55359 REPORT NO. PI435401 PAGE 11 72 35-118-23 44 0010 K & G RADLOFF KEITH W RADLOFF 18405 33RD AVE N PLYMOUTH MH 55447 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PRO RTY TA TION. TO THE BEST OF MY KNOWLEDGE AND BELIEF ' DATE (:� BY K� CERTIFICATE OF !!AILING STATE OF MINNESOTA } COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1077, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 26th day of August, 1986. J7yie Bosma CITY OF ORONO NOTICE The Planning Commission will hold a public hearing in the Council Chambers at 1275 South Brown Road on Monday, September 15, 1986, at 7:45 P.M. on the matter of Ingeborg Cici's application #1_ 077 for a variance to the temporary ordinance limiting development within the Highway 12 Study Corridor in order to permit the construction of a day care/nursery school on property located at 875 Wayzata Boulevard. All persons wishing to be heard will appear at this time. Written comments are solicited. Please make an appointment with staff to review the plans. City of Orono By: Planning Commission JeaHne A. Mabusth, Building & Zoning Administrator To be published the week of September 1, 1986 in the Laker and Pioneer Newspaper. 704 Mel Kilbo, Chief (,f Police Orono -Long Lake Police Dept. 445 Willow Drive Long Lake, MN 55356 Dear Chief Kilbo: Enclosed is a letter to the Orono City Council regarding a nursery school -day care center proposal just east of us bordering the Luce Line Trail off Highway 12. We just wanted you to know this information and the danger it would be to have people with small children entering and leaving that particular corridor of Hwy 12. My father had written to you a couple years ago and also wrote to the Commissioner of the Highway Dept. regarding the accidents we have had near, in front of, our driveway. We all work or go to schoo' East of our residence(now that they have all graduated from Orono H,S.)and we all have the burden of trying to turn left into our home with traffic passing us on the shoulder and coming at us from the west. Both my son and myself have been hit. Both of our cars have been totaled. Also you may know that all of the mailboxes on the right shoulder (N) have -n wiped out and the last accident I know of was the first week of August when I signaled to turn left and cars were not slowing down and there were several fender benders behind us. The traffic on the freeway is traveling approximately 65 m.p.h. -('give or take 5 m.p.h as it turns into a 2-way residential area that is posted 45 m.p.h. I in our family, all slow down to 45 m.p.h. and every car behind us passes still traveling at least 60m.p.h. I don't know what the solution is - I thought that Highway 12 was going to bypass Long Lake! We know we have to signal, brake, brake and pray a lot. Maybe if there were enough "speed -traps" at that point the usual commuters would get the idea to slow down? The police department is welcome to sit in our driveway anytime. Thanks for checking it out a couple years ago in answer to my father's letter. Sincerely, Margie Bouley 915 West Wayzata Blvd. SEP - 5 Wayzata, MN 55391 VA September 2, 1986 Orono City Council 1335 South Brown Road P.O. Box 66 Crystal Bay, MN 55323 Dear City Council Members: We live on Highway 12 next to the property that is proposing a day-care and nursery school No. 1062. We are just on the west side of the Luce -Line Trail. This is my opinion: 1. It is very poor judgement to put this type of facility on Highway 12 because of the operating time. Highway 12 is heavily traveled, very dangerous and overused. The freeway comes to an end just before this property and as we well know, the traffic does not slow down even though the speed limit is posted at 45m.p.h. (which is too high) You should check with your own police department on this matter. The accident rate is high and there have been a lot of near -collisions. 2. On this property, there is no access to sewer or water and in the near future they will request sewer and water at the expense of the city (plus extra road care) and the nearby landowners. 3. Being a landowner bordering this property, we should have been notified rather than seeing a sign posted on the property and I don't believe it is properly zoned for a school. Si ncerel;/, 0 Eugene J. Bou ley 915 West Wayzata Blvd. Wayzata, MN 55391 cc: Long Lake City Council Orono Police Chief -Mel Kilbo 7T ��p� A fl�•�i INTEROFFICE MEMO DATE: September 15, 1986 TO: Jeanne Mabusth, Zoning Administrator FROM: Chief Mtl Kilbo SUBJECT: Day Care Center - Hwy. 12 & Luce Line This department has some concerns about the proposed day care center at Hwy. 12 and Luce Line. The eastbound speed, 412 (east sign by Lakeside Liquor) is 45 mph. The speed of cars by the time they reach the Luce Line is considerably higher. Further as you approach the driveway from the west is obscured by the Luce Line bridge, guard rails, and curve at Lindawood --the line of sight is less than 750 feet. Also from the east, there is a curve in Hwy. 12 that again limits vision of entrance to less than 750 feet. Without turn lanes, there is no place to stack cars making turns into the day care driveway. 750 feet is the usual limit of visibility used by the State to govern passing, hillcrests, and other maneuvers. Hopefully, an entrance further to the east can be worked out. 0 Bonestroo, Rosene, Anderlik & Associates, Inc. 2335 W. Trunk Highway 36 St. Paul, MN 55113 612.636.4600 September 11, 1986 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Ms. Jeanne Mabusth Re: Busy Beaver Day Care Access Road Permit Our File No. 139-1062 Dear Jeanne: Engineers & Architects Ono G. Bonnnua, P E Rubrrr W. Rwenr, P.L Jw,ph C. Andrrhl, P.L Bradford A. Lmbwl, P E Rirhord E. Turne,. P. E. Jumrt C. olrun, P.E. I I SEP 1 5 1986 L� 61rnn R. C'uuh, P E. Arah A Gwdun. Ilk Th—w L. Nuyei. P L Rn hard W. Ewlrr. P E Rubm G Shunu hi, P.L Marvin L. Swwlu, P oonald C. Burlardi, P. E. Jerry A Buurdun, P.E Afar* A. Haniun, P L Ted A. FKId, P.F.. Mwharl T Raulmann, P E Rubrrl R PJevr,lr. P L Da nd 0. Lw1um, P.E. Thomas W. Peters.., P L Mrrhael C. Iyna h. P.L Awe. L. Wdlu. P E Jomet R. Maland, P. E. A enne/h P. Andrnun, P E An/h A. Bachmann. P L Mart R Rolfl, PE. Ruben C. Roue., A / 4 Thumui E Anl a, P. S.un L T'uunl. P L Charle, A. Ln.A-. Leo M. Puw,U liana. M. 0bun Sown M. Ebe,hn The access of the Busy Beaver Day Care as rroposed is not approved due to unsafe site distances for traffic on Highway 12. It is suggested that the access be located at f-',Psoutheast corner of the property opposite the Brick Church access. A tu• lane should also be constructed for traffic from the east where a median currently exists. Upon inspection of the area, we suggest that access to the Busy Beaver Day Care be shared by the adjacent cemetery property to the east. This would enable the day care sufficient area to provide an access road, eliminate a dangerous access that currently exists to the cemetery and reduces the number of accesses onto the highway. If you have any questions, please contact this office. Yours very truly, BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC. Michael C. Lynch MCL:mb Encl. 7753d 30 Year Anniversary . . Q. 19>- .. HT i3 �19F REQUEST FOR PAYMENT DATE: October 1, 1986 K ��" F0� PE`RtbD :' ' PLACE: Orono, Minnesota From: Aug. 31, 1986 To Sept. 30. 1986 PROJECT:Willow 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 S Sons, Inc. June 15. 1986 ADDRESS: 831 Park Ave. Hamburg, Mn. 55339 REQUEST FOR PAYMENT NO.: 7 SUMMARY: 1. Original Contract Amount $ 232,826.74 2. Change Order - ADDITION $ 4,900.00 3. Ch&„ige Order - DEDUCTION $ 4. Revised Contract Amount $ 237,726.74 5. Value Completed to Date $ _ 208,229.93 6. Material on Hand $ 0.00 7. Amount Earned $ 208,229.93 8. Leas Retainage 1 % $ 2,082.30 9. Sub -Total $ 2U,,,147.63 10. Less Amount Paid Previously $ 197,81.8.4:i 11. AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: 7 $ 8,329.20 Recommended for Approval b;: BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC. By: OWNER APPROVAL: By By Date: -,_ Approved By: Wm. Mueller 6 Sons, Inc. Contractor By: 0263d V, - Project: Willow Dr. Overlay, Old Crystal Bay Rd. Overlay Orono, Mn. MSAP 152-101-070 152-102-08 Contractor: Wm. Mueller 6 Sons. Inc. STATEMENT OF WORK Payment No: 7 File No: 13922 Date: Oct. 1, 1986 Unit Est'd Quantity Amount Item No. Contract Item Unit Price Quantity 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.F. 2.00 240 341.5 683.00 2212.501 Aggregate base, Cl. 5 (100% crushed) T. 9.10 150 150 1,365.^O 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. 10.30 250 267 2,750.10 2341.504 Bitum. mat'1 for mixture T. 200.00 3 161.18 32,236.00 2341.508 Wearing course mixture T. 10.30 2,550 2,686.25 27,668.38 2's7.502 Bitum. mat'1 for tack coat Gals. 0.90 1,500 1,450 1,305.00 511 12" CMP pipe culvert (1�1 gauge) L.F. 24.00 60 2501.511 15" CMP pipe culvert (14 gauge) L.F. 26.00 60 64 1,664.00 2501.511 15" CMP pipe culvert (7 gauge) L.F. 26.00 60 2503.571 Install pipe culvert (Design SP-2) L.F. 18.00 240 341.5 6,147.00 Page 1. 0263d Project: Willow Dr. Overlay, Old Crystal Bay Rd. Overlay Orono, Mn. MSAP 152-101-07, 152-102-08 Contractor: Wm. Mueller S 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" %ide broken line, Payment No: 7 File No: 13922 Date: Oct. 1, 1986 Est'd Quantity Amount Quantity To Date To Date 110 125 $2,250.00 500 yellow paint L.F. 0.051 6,630 6,000 306.00 0564.603 4" wide solid line, white paint L.F. 0.051 13,260 13,230 674.73 0564.603 4" wide solid line, yellow paint L.F. 0.051 6,000 3,140 160.14 TOTAL PART I..... $90,511.51 PART II - OLD CRYSTAL BAY ROAD OVERLAY - MSAP 152-102-08 2101.502 Clearing Ea. $35.00 40 30 $1,050.00 2101.507 Grubbing Ea. 35.00 40 30 1,050.00 2104.505 Remove bituminous pavement S.Y. 4.00 50 47 188.00 2104.521 Salvage pipe culvert L.E. 2.00 180 138 276.00 2105.501 Ditch excavation C.Y. 3.50 1,500 925 3,237.50 2105.525 Topsoil borrow C.Y. 14.00 600 29.4 411.60 2112.501 Subgrade preparation S.Y. 1.70 450 2212.501 Aggregate base, Cl. 5 (100% crushed) T. 9.10 150 150 1,365.00 2212.501 Aggregate base Cl. 5 (100% crushed) for driveway T. 9.10 50 2221.501 Aggregate shouldering Cl. 5 (100% crushed) T. 9.10 2,350 2216.46 20,169.79 2231.501 Bitum. patching mixture T. 55.00 150 83 4,565.00 Page 2. 0263d Project: Willow Dr. Overlay, Old Crystal Bay Rd. Overlay Orono, Mn. MSAP 152-101-07, 152-102-08 Contractor: Wm. Mueller 6 Sons. Inc. STATEMENT OF WORK Payment No• 7 File No: 13922 Date: Oct. 1. 1986 Unit Est'd Quantity Amount Item No. Contract Item U'iit 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 Lbs. $0.90 1,300 1,300 $1,170.00 0231.601 Roadglass 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 Gals. 0.90 1,500 1,650 1,485.00 2501.511 12" CMP pipe culvert (14 gauge) L.F. 24.00 60 15 360.00 2501.511 15" CMP pipe culvert (14 gauge) L.F. 26.0 60 2501.511 18" CMP pipe culvert (14 gauge) L.F. 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.F. 18.00 180 138 2,484.00 2511.501 Random rip rap, Cl. II C.Y. 45.00 6 7 315.00 2511.515 Geotextile filter S.Y. 2.50 10 2535.501 Bituminous curb L.F. 2.00 400 580 1,160.00 2554.501 Traffic barrier Des. A-8307 L.F. 18.00 110 125 2,250.00 2575.501 Roadside seeding Ac. 250.00 3.5 1.0 250.00 Page. 3. 0263d Project: Willow Dr. Overlay, Old Crystal Bay Rd._ Overlay Orono, Mn. N.SAP 152-101-07, 152-102-08 Contractor: Wm. Mueller & Sons, Inc. STATEMENT OF WORK Payment No: 7 File No: 13922 Date: Oct. 1, 1986 Unit Est'd Quantity Item No. Contract Item Unit Price Quantity To Date PART II - OLD CRYSTAL BAY ROAD OVERLAY - MSAP 152-102-08 - CONT'D 2575.502 Seed, Mixture 5 Lu6. $3.00 210 50 2575.511 Mulch material, Type I T. 150.UO 7 2 2575.519 Disc anchoring Ac. 150.00 3.5 1.0 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 9,700 0564.603 4" wide solid line, white paint L.F. 0.051 19,900 19,000 0564.603 4" wide solid line, yellow paint L.F. 0.051 10,000 4,000 TOTAL PART II..... CHANGE ORDER NO. 1 Extension in time only CHANGE ORDER NO. 2 Crushed Trap Rock Ton $14.00 350 350 TOTAL CHANGE ORDER NO. 2 - ADD..... TOTAL PART I - WILLOW DRIVE OVERLAY TOTAL PART II - OLD CRYSTAL BAY RD.OVERLAY TOTAL CHANGE ORDER #1 - EXTENSION IN TIME ONLY TOTAL CHANGE ORDER #E2 TOTAL WORK COMPLETED TO DATE....... Page 4. 0263d Amount To Date $150.00 300.00 150.00 494.70 969.00 204.00 $112,818.42 $0.00 $4,900.00 $4,900.00 $90,511.51 112,818.42 0.00 onn nn $208,ZZ9.93 10986.2 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator DATE: October 9, 1986 SUBJECT: (Carlson/Stebbins) Request for Sewer Attachments: A. Bruce Carlson request for sewer dated 10/7/86 B. Stebbins request for sewer memorandum 10/23/85 ISSUE - For properti(_� in the rural zone adjacent to sewer does the Council desire to amend its policy from a.) permitted only when not technically and/or economically feasible (in practice basically technically feasible) to b.) through a policy of allowing it when it is determined to be more advantageous alternative for that site. DISCUSSION - The attached letter from Mr. Carlson who is presently attempting to purchase the property k -wn as the Stebbins' property has prior to purchase made a request that the property be allowed to hookup to sewer. As you will note in the attached letter he has cited several references which he feels indicates that sewer is generally the better alternative and when available should be utilized. Additionally he has addressed some of the items that were stated in the denial resolution on the Stebbins' property. While staff has just received the request this week since it was based on a previous denial we felt it appropriate to bring it to Council for consideration. (It is anticipated based on that this would be a connection directly to the Long Lake system that economically the sewer hookup in this case is probably less costly than installation of the mound system on the site.) Apart from the economics this situation is not substantially different regarding the Howard Hull denial that was part of this eve:,ing's agenda. With the Hull request there were additional considerations that do relate to system capacity as it relates to properties in the Hackberry Hill area. The policy for rural areas as set forth in the Comprehensive Sewer Policy Plan in item #11 indicates that hookup to the existing municipal sanitary sewer will be considered only if the environmental and/or health problems can not technically or economically be solved on -site and then only if the neighborhood is adjacent to the existing urban area or along the route of the MWCC interceptor. Coupling this with the Council's past direction of utilizing sewer only when it is the option of last resort. As is the case with Howard Hull should the Council choose to amend the direction in handling properties abutting sewer, it would necessitate the following: - Determination of the cost for hookup - Determination of committed allocation for this property - Comprehensive Plan amendment RECOMMENDATION - Based on past direction and consideration and number of similarly situated properties in the area and the concern for capacity, st'-ff recommends that Council continue with the policy of utilization of sewer for rural properties in the rural zone only when sewer is the only available option from a technical and/or economical standpoint. Recommendation is further based on the fact that Council denied this application in November of 1985 and that the fact situation regarding the property has not changed substantially. PROPOSED MOTION - Moved by `, seconded by `, to direct staff to :e-draft a denial for sewer to this property with appropriate amendments from the Stebbins' denial back in November of 1985. Ayes _, Nays __ FLOWAGE AND CONSERVATION EASEMENT AND WAIVER OF DAMAGES THIS INDENTURE, made and entered into this 28th day of Nrnxmbar , 1984_, by and between he rs,•assigns, successors (hereinafter collectively referred to as the Grantor (s) ) and the City of Orono, its suc- cessors and assigns, a municipal corporation under the laws of the State of Minnesota (hereinafter rc`_erred to as the Grantee). WITNESSETI1, Grantor(s), for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, hereby covenant, grant, gift, quit claim and convey to Grantee the right to restrict and Grantor(s) agree to limit and preclude the use, improvement and development, under the conditions and covenants herein contained, the following described Land in the County of Hennepin and State of Minnesota: The drainage easments as shown on the plat of BALSA4a0OD on file with the Hennipen County Recorder. as follows: 1. Grantor(s) hereby covenant and agree(s): A. No structures shall be constructed, erected, or placed upon, above, or beneath the Land including without limitation, fences, fireplaces, steps, docks, piers, hardcover or roads of any nature whatsoever, or any other structure or improvement inconsistent with the natural state of the Land. B. No trees, shrubs or other vegetation shall be destroyed, cut or removed from the Land except as authorized by written consent of Grantee. C. No earth, loam, peat, gravel, soil or any other natural material or substance shall be moved or removed from the Land and there shall be no dredging or excavation of any nature whatsoever or any change of the topography of the Land without the written consent of Grantee. D. No soil, sand, gravel or other substance or material as landfill shall be placed, dumped or stored upon the Land and no waste, trash or garbage shall be placed, dumped or stored upon the Land. E. No use shall be made of the Land except uses, if any, which will not change or alter the natural condition of the Land, and no use which would tend to change the drainage, flood control, water conservation, erosion control, soil conservation, fish and wildlife habitat characteristics shall be made of the Land or the water situated thereon. 'f F. Grantee may enter upon the Land for the purposes of inspection and enforcement of the covenants contained herein and to cause to be removed from the Land without any liability any structures, uses, materials, substances, or unnatural matter inconsistent with the covenants contained herein and the natural state of the Land. 2. Grantor(s) hereby grant, gift, quit claim and convey to Grantee, a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Land. 3. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever,.the Grantee and any and all of its officers and employees of and from any and all claims, demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water within terms of these agreements. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) do not intend that the public should have any interest in the above land by virtue of this indenture or otherwise, except as herei.nabove .set forth. The Grantor(s) herein c,rtify that the land herein described are free and clear of all encu••'.)rances except: All provisions hereof shall run with the land and shall exte 3 to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hercY'-� STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ). On this 29th day of Novemtyer , 19 84, before me, a Notary Public within and for iasr d County and State, personally appeared Jeffrey P. Stebbins and Cynthia C. W. Stebbins known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that theyexecuted said instrument as their own free act and deed. /'r.._ NNtary Pub41i State Deed Tax Due Hereon: Exempt This instrument was drafted by: POPHAM, HAIK, SCHNOBRICH, KAUFMAN 6 DOTY, Ltd. 4344 IDS Center, Minneapolis, MN 55402 (612) 335-9331 Bruce P. Carlson 5439 Zumbra Drive Excelsior, MN 55331 October 7. 1986 Oronc City Council City u Orono P.O. Box 66 Crystal Bay, MN 55323 RE: REQUEST TO HOOK-UP TO SEWER PROVIDED BY LONG LAKE SANITARY SEWER SYSTEM PROPERTY ADDRESS: 2165 WATERTOWN ROAD, ORONO. MN Dear Members of the Council: I am hereby requesting permission from the City of Orono, the right to connect my proposed new residence at the above -mentioned address, to the Long Lake City sewer system. The City of Long 'eke has written in their minutes of meeting held on June 17, 1986: (see a,.jchment) "The Council further finds that the City of Long Lake is willing to allow adjacent property— in Orono to connect to its Sanitary Sewer Systei in appropriate Ld.;es." Reason : )r sewer: A. i..ublic sewer system has a greatly reduced probability for problems, B. public sewer 1s considered as a ermanent system, C. public sewer Is treated with continued upgrading of effluent, D. public sewer reduces liability of soil contamination to property owner and municipality, E. public sewer assures best protection for water and environment auality. F. phosphates and nitrates are not left in the soils, G. there are high water tables on the subject property, H. there are fluctuations in the water table on the subject pr perty, and 1. after con— satlons with over 30 people in municipal, county, state, and federal at.encles, the consensus 1s that sewer is the best and most rcmnon sense answer to this situation. While most concerned arr'ips are not extremely interested in making sub- stantiated statements or "aetting involved in a municipal matter", my research in the inristry shows svronc_i favoritlsr, of Pubiir sewer over a septic system as Supported by the folic'• DNR / Steve Preston / 297-[404 Sewer is "the preferred system". Public sewer to be used when available or feasible with no differentiation of who iwns systems. Precedence for public sewer over septic system has been set. DNR / Howard Krosrh / 296-0778 Prefers sewer. F cedence has been set for sewer over ser''r ,vRtem. SOCIETY FOP PROFE55IONAL ENGINEERING `+ewer 1 befit. METPO WASTE COMMIS51ON / Carl Forrester, Engineer / 222-8423 Preference for sewer. Bruc —Ison October 7, 1986 Page 2. METRO COUNCIL / Carl Brandt / 291-6359 Sewer Is best and is permanent. The mound system is viewed 10 ycar interim system. Precedc•-._ has been set for sewer over s�otic system. (See attachment.) WATER COMPLAINTS / Leslie Goldsmith / 296-7364 (advocate of the mound system) Sewer is best and the precedence has been set. WATER STANDARDS / David Maschowltz / 296-7252 Sewer Is best. The precedence has been set fir t3ewer over septic system. HENNEPIN COUNTY (PLYMOUTH) / Diane / 559-4321 By fP *he best way to go is se =r. Precedence for sewer has been set. The list can continue on and on. the fact of the matter concerning septic systems boils down to the followinc: If extreme care is taken in se`ecting a contractor who is certified, who does the installations wi`- properly trained people and equipment, following to the letter tt,, Guide)irn, and it is properly inspected by a ompetent inspector, and then maintained by owner and contract serviced. there is good probability of a successful interim sanitary system. However, there are no guarantees the system will work, particularly after the first year. Is the City of Orono willing to accept liability for an interim system? Two examples of what can happen are tt m Lake and Scott County areas which are experiencing r -blems with their no, .d septic systems. Sewer is permanent, there is greatly reduced liability, and the ground water integrity is maintained. Updated technology is more economical and feaslulr to upgrade with a public sewer. Orono has been more effective at good on-31te waste treatment systems than most, f not all, communities In the metro area. The fact remains that there is not a better alternative than sewer, and that there is sewer av911eble within reasonable distance of the subieri property. In reference to your reply tr Jeffrey 5':ebhins request (see attached Resolution #1884` ,-)u1d i (e to make the fo11owina comments Point #1 not request the property to be subdivided intc i h i aher v-.pu l a' area. Lona Lake sewer Is In the easement. Point #3 - The City cai xpeCt the on -site system to work but they do guarantee that It will. Is the City of Orono willing to guarantee the system as a permanent installation? Point #4 - There is no extension of municipalities to provide this prope�`,/ kith sewer. The Long Lake Sanitary Sewer System is in place and in operation. The City of Long Lake is willing to allow VI-R property to by converted to sewer with no cost or obligation to the City of Orono. Bruce Carlson October 7, 1986 Page 3. Point #5 - The precedent has been set. The City of Orono would be wise to amend the Community Management Plan to allow residents to hook up to sewer when adjacent to their property. It is the common 4ense approach In view of both long and short term aspects of 4-e Issue. Point #6 - The subject site is marginal at best with the flowage and conservation easement (sef --`anent), especially considering the pond that flows into nearby lake ream and the high water table. Again, the mound septic system may be expected to function as an Interim system, not as permanent system. If the Orono City Council In fact does approach the pet'tion In view of the common good, they shall approve this request to i,ither reduce future risk of malfunctioning on -site septic systems. Sincerely, CBRUCE CARLSON BC/aec Attachments. REGULAR 44EETING June 171 1986 CALL TO ORDER APPROVE MINUTES REGULAR MEETING 6/3/86 PERRY'S SIGN PERMIT GRANTED SANITARY SEWER 1124 UNDERHILL 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. Mayor Kunze called the Meeting to order at 7:30 p.m. Members Present: Kunze, Schaefer, Day, Swartwood, Patch Members Absent: None Motion by Member Patch, second by Member Swartwood to approve the Minutes of the Regular Meeting of June 3, 1986 as written. All voted in favor. Motion carried. Motion by Member Patch, second by Member Swartwood to approve Rick Perry's sign request to replace 0-e current pylon.sign at his station at 2205 W. Wayzata Blvd. displaying the Deep Rock Logo w'th 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. On October 2, 1985 Anne B. McCourt, owner of the property at 1124 Underhill Circle, was sent a letter ads sine, hPr that she would have to comply with the City Ordinance a„u connect to the City Sanitary Sewer System. Since she had just recently purchsed the property, she wp. given until June 1, 1986 to comply. To date this has not peen 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 be applied according to the City Ordinance. TAPER/SEWER Motion by Member Schaefer, second by Memb - Day to approve TOOK -UP FOR the hook-up to the Long Lake Water/Sewer System request of 1ANEECKHOUT Eugene & Tana Roehl for the property they are purchasing RANTED 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 Syste-i in appropiate cases. These applicants have proven financial hardship and health/ environmental hardship. Compared to the cost 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 :rid these findings is to be sent to the City of Oronc, Vaneeckout Corp., Jeff Stebbins, and Eugene & Tana Roehl. All voted in favor. Motion carried. WATER RESOURCES MANAGEMENT W/'12/81 Council policy is not to provide metropolitan services in the Rural Service Area and to require local units of government to solve their own local pollution problems. To do so in the case of private commercial and residential treatment facilities, local units of government must assume some responsibility in the regulatory system, just as the local government is responsible for approving land uses and issuing building permits for those developments requiring sewer services. The decision on land use should be directly related to responsibility for potential water pollution problems within the local government's jurisdiction. In 1980 the Metropolitan Council, Metropolitan Waste Control Commission and Minnesota Pollution Control Agency reached agreement on a process for reviewing proposed NPDES permits and SDS permit programs. Policies 37. The Minnesota Pollution Control Agency should issue National Pollution Discharge Elimination System permits and/or State Disposal System permits only for facilities serving development consistent with a local land use plan approved by the Metropolitan Council and/or a comprehensive sewer nla^ approved by the Metropolitan Wash Commission. The 1980 agreement, review process involving the three agencies should be implemented and monitored for effectiveness. ON -SITE TREATMENT SYSTEMS The Metropolitan Council's interest in the proper functioning of on -site waste treatment facilities is closely linked to the issue of the premature extension of metropolitan sewer service should on -site systems fail. On this matter, the Counci, has established the following guidelines in suppon of the Rural Service Area policies: The Council will support the adoption and enforcement of state and local health and safety regulations for on -site disposal systems for nonfarm development in the Metropolitan Area. Pollution problems which result from failure to enforce adequate health and safety standards will be solved by local facilities 4 P built at local rather than metropolitan \ Q expense.- so This position is supported by the general Develop- ment Framework policy that metropolitan urban services, including sewers, will not be provided to the Rural Serv::;e Area. In addition, the 1975 Waste Management Policy Plan contained policies providingfora management and control program for on -site systems. The on site policies contained in the Waste Management Policy Plan describe generally the necessary elements of an effective local ordinancing program. Further, in a set of procedures adopted with the 1975 Waste Management Policy Plan, the Metropolitan Council established guidelines for the content of local comprehensive sewer policy plans, including provisions dealing with on -site sewer systems. The 1976 Metropolitan Land Planning Act establishes a system of coordinated land planning involving the Metropolitan Council and local units of government within the Seven -County Region. By virtue of this statute, the Metropolitan Council plays a major role in overseeing how land use planning affects construction of on -site systems in the Metropolitan Area. Furthermore, under Section 208 of the federal Water Pollution Control Am (Public Law 92-500), the Metropolitan Council must adopt and ensure implementation of a 20-Year staged water quality management plan. Federal water quality management guidelines require that an effective management structure be established to implement Section 208 planning activities. All aspects of implementation are to be addressed, including engineering, construction, operation and maintenance, monitoring, enforcement and financing. Finally, the Council is concerned about the proper functioning of on -site systems from the perspective of potential metropolitan significance. Rules and Regulations for the Review of Matters Alleged to Be of Metropolitan Significance (effective January 16, 1978) states as one standard for determining metropolitan significance the "construction of any 'Development Framework Guide cnapter (DFl2.'78). p. 49B. 20 WATER RESOURCES MANAGEMENT M W/12/81 No I public sewer facility in conflict with an approved regional mechanisms are not oriented toward local comprehensive sewer plan or a metropolitan enforcement or implementation, but rather r` sewer plan." A widespread, unanticipated failure of toward review and comment on local actions J on -site systems could necessitate the construction and providing assistance. of a public facility meeting that standard. � -- Most management and control activity has been On -site systems have been widely used in the and continues to be performed by local govern - Metropolitan Area. A substantial proportion of mental units and individual system owners. recent residential construction has occurred in the Rural Service Area. It is estimated that over — Existing local management and control programs 'involve 60,000 units are in use in the Metropolitan Area are extremely varied in scope, degree of - at present, and data indicates that about 12 percent ment and content. Questions exist about the of all new homes built in the Metropolitan Area adequacy of local administrative capabilities, from 1970 through 1979 rely on on -site systems local ordinance provisions and financial resources for waste disposal. The percentage has declined necessary to carry out a management and since the mid- 1970s. control program in a cost-effective fashion. Despite the widespread use of on -site systems in — Management and control of on -site systems are, the Metropolitan Area, relatively few studies have to a degree, oriented toward dealing with crisis investigated the impacts of on -site systems in this or problem situations, with attention given such Region. General information is available on systems primarily when problems occur. technical engineering and design of such systems, suitable soil and hydrological conditions for on -site — Although federal, state and regional involvement systems, how and why systems fail, and the long- is increasing in management and control and short-term effects of system failure on water programs (as evidenced by WPC 40 and Section quality. This information is beginning to be used in 208 of the Clean Water Act amendments), there the Metropolitan Area in a systematic manner. is still uncertainty about what specific responsi- Additional analysis, planning and program bilities the various levels of government should development should relate this general information have. There also is a need to establish adequate to the specific conditions in the Metropolitan enforcement standards for this Region. Area, to the incidence and pattern of on -site system use, and to the adequacy of local on -site — The Metropolitan Land Planning Act, the Metro - system management and control programs. politan Significance regulations, and Section 208 of the Clean Water Act amendments are a help - In the past, local units have typically allowed and ful basis to define an adequate on -site system supervised the installation of on -site systems with management and control program for local little, if any, guidance. Frequently, an informal governmental units. The Land Planning Act also review and approval of installation occurs as establishes mechanisms for local -metropolitan part of the building permit issuance process. Local coordination. supervision, in part, has been based on the model local code for on -site systems first published by — The Minnesota Pollution Control Agency the State Department of Health in 1960. (MPCA) is the lead state agency in dealing with on -site systems. The Minnesota Department of More recent studies and reports confirm the Health also has authority for on -site systems following find s: as they affect drinking water quality. The MPCA ,has adopted the first statewide regulations for — Nearly every level of government involved has on site systems. This represents a significant legal ability to implement a more comprehensive step forward in establishing technical and design 0 management and control program than exists now. standards for such systems and in coordinating state agency efforts involving the Department of Natural Resources (DNH), the state budding — For a variety of reasons (primarily because of code, the Department of Health, etc., in the traditional local role of exercising police the Region. The regulations, however, directly power over on -site systerns), existing state and control only larger -scale on -site facilities or 21 WATER RESOURCES MANAGtMtN 1 W/12/81 limited geographic areas, such as shorelines, leaving the regulation of most on -site systems up to the local governmental units. Following extensive study and analysis, the MPCA adopted a regulation governing a sizable share of all on -site systems. This regulation, WPC 40 (6 MCAR 48040), became effective on August 21, 1978. It applies only to large-scale systems and state facility installations. The provisions will be used by the DNR in determining the adequacy of local ordinances and programs for shorelands and floodplains. Nevertheless, most on -site system installations are still not regulated by the State of Minnesota. However, the MPCA and others recommend that WPC 40 be used as a model for a local program of on -site system management and control. WPC 40 provides an excellent solution to a large part of the management and control program needs involving on -site systems throughout the state. WPC 40 establishes technical and design require- ments for new on -site systems, both standard and alternative types, and their installation. It does not, however, provide a total solution to the needs either within the Metropolitan Area or elsewhere. The regulation does not deal with existing on -site systems, including recertification of such systems. Nor aces it provide for the monitoring, maintenance or inspection of new systems, or establish provisions for local proaram administration, enforcement, remedial actions, planning, etc. It is important that any management and control program for any part of the state be consistent with the provisions of WPC 40. Although duplication might be possibie, it would be inappropriate and impractical legally to have on -site reauirements that vary substantially from those contained in WPC 40. An examination of the past history of on -site systems reveals that failures can and do happen. The existing metropolitan -wide management structure for on -site systems is perhaps best described as loose and uncoordinated, although there are some exceptions. This combination gives the public poor assurance that pollution or public health hazards caused by on -site systems will not occur in the future. r Policies 38. The on-ameYetam management and control program for the Metropolitan Area should be designed to protect and promote water quality and protect and promote the health, safety, and welfare of all Metropolitan Area 39. The on -site system management and control 1' program for the Metropolitan Area should be cost-effective, simple, understandable and sufficiently uniform to ensure simple and consistent administration throughout the Metropolitan Area. 40. The on -site system management and control program for the Metropolitan Area should promote public and private activities designed to provide for the appropriate utilization of such systems, minimize the risk of problems resulting from the use of such systems, and correct existing on -site system -related problems. Phases of a Local On -site Management Program Planning or Preinstallation Phase The first step in oeveloping an effective local management proaram is to relate the use of on -site systems to a community's general land use pian ana development proaram, including density of developments. Communities are responsible for develooinq a comprehensive development plan under the requirements of the Metropolitan Land Planning Act. A community s land use plan and land use controls should address the issue of what role on -site systems should plan in a community's future development. Rural areas that have and intend to continue rural oevelopment densities (that is, a range of one unit per 10 acres to one per 40 acres) will not be expected to hav, as stringent a program covering operation, maintenance and postinstallation inspection as rural areas having or proposing urban or urban -like development aensities (that is, a range of one unit per 2'1; to one per five acres). All communities are expected to adopt the require ments of WPC 40 for new installations, regardless of development dens -Ty (see Table 1) • 22 CJI -) V/ -/ � t \ �,_( 1L.iw►\ ti�1. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1884 A RESOLUTION DENYING CONNECTION TO MUNICIPAL SEWER FOR PROPERTY LOCATED AT 2165 WATERTOWN ROAD WHEREAS, Jeffrey Stebbins (hereinafter "the applicant") is owner of property located at 2165 Watertown Road within the City of Orono (hereinafter "City") and legally described as Lot 1, Block 1, Balsawood; and WHEREAS, in accordance with Orono Municipal Code Section 3.05 Subdivision 7(B), the applicant has requested that he be allowed to connect the proposed house on said property to the Long Lake Municipal Sewer System located adjacent to the property; and WHEREAS, the City Council has reviewed the recommendations of the staff and the comments and written statements of the applicant regarding this request. NOW, THEREFORE, BE IT RESOLVED, that th.e City Council of the City of Orono hereby denies the requested sewer connection for the property described above based upon one or more of the following findings of fact concerning this property: 1. The property is located in the RR-lB Single Family Rural Residential 2-Acre unsewered zoning district. 2. The property was created according to and in conformance with all the standards of the RR-lB district through a subdivision approved by the City Council per Resolution No. 1706 on December 10, 1984. 3. Applicant's engineer h:s submitted soil testing reports and on -site sewage treatment system design data indicating a suitable on -site system can be installed on the property to serve the proposed house and can be expected to function satisfactorily.' 4. The City Council adopted the Orono Community Management Plan in June, 1980 as a guide to the orderly and economic development of the City. Chapter 6 of the Community Management Plan, known as the Comprehensive Sewer Policy Plan, contains the Citay's Rural Sewage Treatment Policies, and indicates that residential sewage generated in the rural zoning districts is intended to hf, treated on -site without extension of municipal utilities. Page 1 of 2 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1884 5. Allowing the applicant to connect to the Long Lake sewer adjacent to the property would set a precedent, to the extent that the City has heretofore required all new residential development in the "RR-" rural residential zoning districts to make use of private on -site sewage treatment facilities. The City has identified numerous properties which border on sewered areas and which could be expected to make a similar request to that of the applicant if the current request is approved. Allowing such connections would require an amendment to the Community Management Plan. 6. The fact has been established that a suitable on -site sewage treatment system can be installed on the property, hence connection to the municipal sewer is not required because of hardship, but merely as an economic convenience to the applicant. Adopted by the City Council of the City of Orono, Minnesota at a rgular meeting held November 12, 1985. ATT ST: D rothy MArNallin, City Clerk Mary C. Butler, Mayor Page 2 of 2 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrate DATE: October 23, 1985 SUBJECT: Stebbins' Sewer Matter Since last Council, meeting Mike Gaffron has reviewed the proposed sepic tank site together with the soil borings that were done for the house location on the road side, opposite where the sewer is supposed to go, and has determined that a septic system is feasible. While such a system will require more maintenance than a sewered property, this particular property will not cause in inordinate amount of maintenance, if it is properly installed by the contractor. This opinion is concurred with by Mark Gronberg, Mr. Stebbins' surveyor. We have attempted to get in contact with Mr. Stebbins to indicate this, but he has been out of town and wi 1 1 be out of town ti 1 1 Monday (we have sent a letter this week to him regarding the matter.) (We had requested that he call us during the next few days after the last Council meeting, however did not receive such a call.) PROPOSED MO'rj,J s moved b , seconded by7/ V , that the City Council` resolution o deny Mr. Stebbins request for hookup to th Lor, Lake s wer for his property at 2165 Watertown Road. A es j , Nays. d IU J WVj(\W1 CITYof ORONO Post Office Box 66•Crystal Bay, Minnesota &%=*Municipal OlScas On the North Shore of Lake Minr etonka October 21, 1985 Jeff Stebbins 1860 Fox Street Wayzata, MN 55391 Dear Jeff: We have re -scheduled your formal request to hook up to municipal sewer for Council action at their meeting of October 28, 1985. Staff's recommendation remains the same. It is staff's opinion that it is technic illy feasible using common practices to provide a relatively trouble-f --e on -site sewage treatment system to serve your proposed residence. Please contact my office if you have any questions prior to the meeting. Sincerely, 4,4r� Jeanne A. Mabusth, Zoning Administrator BUILDING& ZONING - 473-7357 s ADMINISTRATION A FINANCI 471 7359 a PURI R WORKS 471'159 ASSI SSING TO: Mark E. Bernhardson FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: 10-8-85 SOBJRCT: Review of Stebbins' foundation boring report I have read the above referenced report, which indicates that the location Stebbins proposes to place hiz house has a potential for seasonally high water tables. This is not a unique situation with new construction in Orono. It is not apparent from the building plans submitted a exactly what elevation the basement f loor is proposed in relation to the pond area. However, it has been my experience that with the use of a few precautionary waterproofing measures, septic tanks and pump tanks can be made- relatively infiltration -free by a conscientious contractor. Stebbins also has .he option of placing the tanks at a higher elevation, using a sewage ejector pump for the bar-em-nt and gravity flow from the main f loor, and if need be install a the drain around the 1-piece precast tanks, which would virtually eliminate all seepage of groundwater into the tanks. Note that the foundation report did not review soils at the actual drainfield site east of the driveway. The report by Mark Gronberg dated 6-20-64 indi Cate ; percolation rates and indicated water table dept..s which are within the ac ble parameters for a mound -type drainfield system. Many suc`, systems are cL 'y being successfully used in Orono under similar soil and site cor. I s . I am convinced based on the information at hand that it is technically feasiL using common practices to provide a relatively trouble -free on -site sewage treatment system to serve this property. To: Mark E. Bernhardson, City Administrator From: Michael P. Gaffron, Assistant Zoning Administrator Date: September 19, 1985 Subject: Stebbin's Request to Connect to Long Lake Sewer I woi * d like to commend: on certain points in Jeff Stebbin's letter re,.;.ding the septic system v.s. si---Qr options: Point 1. The concerns are valid. The groundwater potentially can get into the tanks and is more critical in a situation such as this when a pump tank is used. However, it has been demonstrated that with careful attention, the tanks can be made wat•rproof to a degree that minimizes problems. Point It is, of cour-e, true that the proposed mound system east of the driveway will require a pump near the house. Pumps are mechanical and can fail, although again careful installation and design will eliminate most problems. Point 3. It is not clear what sewer easement he is referring to, but isrppears that it will be necessary to cross the existing driveway regardless of which sewer system is used. Note that we have not had any documented problems of mound systems "freezing" hen properly constructed and adequate soil .cover over piping. Point 6. Agreed. However, note ma* Orono p.operties are in a similar situatior. , i.e. in clos.. proximity to Municpa l sewer lines but not allowed to connect. in fact, in this immediate vicinity (2340, 2350 Watertown Road) we have properti_s which are crossed by sewer lines on easements but to which the property owners are not allowed to connect Our of these just this summer installed a new $8,000 mour, system to replace his failing system. He would rather hav connected to sewer. If Stebbins gets approval, you can expect a flood of simila- requests in virtually every area of the City where sewer lines border unsewered property. Alsc, how would w- determine the dollar amount of .h., connection fee? sEP ► 9 III CITY OF OROFoo J Mr.-7effrey _ :. . s 1860 Fox Street Wayzata, Minnesota 55391 September 18, 1985 Orono City Council City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Dear Members of the Council. I a.i hereby requesting the permissi:,)n from the City of Orono, the right_ to connect my residence to the Long Lake City sewer syst( n. I have been in contact with three offi:i, ram the City of Long Lake. They being- Fred Patch, City Planrier; Skip :,cCaTbs, C. ty Engineer. Wurzer; head of Sewer and Water Department. 'Pie purpose of my co - them, was to find out whe the r the idea was fear ible, as w 'AS, -le . All parties F--jreed •hit there woe, :dr't i- any proulems, a yU ,,.:oura,,_ me to seek Orono's approval T' are are a m"Ther of reasons ,ni} t} connectic n would be mozu favorable to Lhe installation o_ the ,.ptic sysc :a!;e refer to the drawing I have used for your benefit. 1. 11'-ave taken soil borings on the b l' �ing site. These -k,.:ings show the water table higher than was originally an, -if,ated. 'This prc blem can be t..L,J,en care of fcr the .tructm iimrever, I h4 cone n over the installation and future performance of tr i r.; y i.e., flooding anddisturbance of the tank dh:e to fluctuatio- ,ml water. 2. As you can see. _. Will be on the west side of the drive- wa .nd the primary any f : cld sites ,are on t1he east side. This would re Are- `:!� p�ar� �.. • t.; c; !.uer:it p hill and across thf! drive, creatat..; a nu r. s ��y ��,c, -neighbors _ r %: , ;- cuct 'L0n , well r ",-.g more cpportun_ ty f,:r ener,,_.jl rn.)oleim with _,oan_.Lnu 1 opkratici.. 3 Ple_�.=e note the location of the sewer easement to the property lire and location of '-ti , rrani le, Installing the pipe could be ac•.hiaved with- out disturbir_u ( rta:)lished easement. Also, be—rause the piping is connected to the sewer sy5,en, the chance of freezing be-ccrv., greatly reduced. 4. k.Iry Wuze- has indicat-id U-At xte c lit --,an cx: used _`;:�r he oi,,,00 City 3ouncil SeptenL.--r. 18, 1985 Page 2 Hackberry area, which eliminates the need for bargaining for additional units. 5. Gram is termed "country" wiCh it's rwo acre building sites. RyA ever, the chose proximity of my lot to higher density Leung IA a properties, I feel that connecting to the sewer is beneficiai to all. 6. As you may knt-a, the septic system planned is acoeptable, but by no menus without potential problem in years to Katie. The connection to an established and proven metro system would help guez-antF-- the stmoth ope, ' 1-on in years to came. I would hL, that with Lang La, a willingness, you would seriously consider and appraA 7y :netit.icA n . I appreciate your time and consideration regarding this r you should have any questions, please call me at work 473-16L., cL at dome 4-5-G495. hL - you again, ar;3 I am looking forward to your next council meeting / Ylc�t�,} ��,, •..7 �! , Watertown Road Z. ' •'; y�.7'o y so '...—Centerline of Watertown Road TO I i 1 - Henn. Co. Mon. of NW car, of Sec. 3 1449.65 _- Eosf Lne of Sine of Section 34, 7Wp.lte N M1 , ��Range 23N• eF S'h "A- :I of SW Y{ oMon n�. 34 cn�. Point 961.68 feet West of \ NE car. of N W 1/4 of Sec. 3 Point 913.47 feet West of SE car. of SW 1/4 of Sec. 34 North line of Northwest Quarter of Section N 89032' S2'W 583.47 nr)f I i li._l r -1 - L_- r— 2 4 7. 55 - - - - - - - =' ; - - - - 6631.23 { Wear ,. ;► B L 0 C K ) I Fa { � • � �\Qo 04 t o r' ? fn Iccyy`a .. 0 1c Co NI / I Cot Co, wl O m $ Edge of pond cOy 6i '0 Co.* J p { East line of I �N _ ^ 8 N t !z 2 E THE NURSERY -•._ "R 3 Hennepu Northwe7 Rorge 2 383.68 .17 N 89032�2lY _ 4 _ r- 439.68 -- ' i �- N89°32'S2 W 247.55 N:` Ll CD Ch i CO' :... •- :i,,,�Lines parallel with East line.of Northwest Quarter of Section 3l'"•`'- I � in CO \ O in h O O .::,,Lines on 1 O ceQ paro!!el with North line of Nort......t Quarter of Section 3•. °o I Z N89°32 52'•W 247.55 y::: N 89°:2'S�'W IS t i `� 1 East I,nr of Nor DKnp I ''i ►n.a/Nc O WATEt MAIN -� — FROM EAST �� --- - —. WATERTOWN �aRpAD • -- M f• L 6 i o / •f 2 i, 3 4 5 L `4 tr 12 10 i Z, A� T I O N 9 7 21 e 196 �+ �.}\,L- �P13 •' 14 15 20 li 16 X. ►�. s 17 , m.�� i 9 8 MAA to j tp To: Mark E. Bernhardson, City Administrator From: I Wr!� ---TING /? GC i i 3 �a�^ �• yN r John R. Gerhardson, Public Works Coordinator Date: October 9, 1986 Subject: Petition Townline Road Attached is a petition from residents on Townline Road requesting weight restriction and speed reduction on Townline Road. They are requesting a year round weight restriction to eliminate heavy truck traffic which they feel is causing damage to the road and creating excessive noise and dust. They are requesting a reduction in the speed limit from 40 MPH to 30 MPH to create a safer condition for the residential pedestrian and vehicle traffic. Since the petition was recieved, the Orono Police Department has conducted a preliminary study of the speed of vehicles. See attached reports. Because Townline Road is under the jurisdiction of three Cities (Orono, Independence and Medina), I have checked with them to get their views on the complaint. Independence and Medina would agree to taking the necessary steps to reduce the speed limit on the road but are not sure what can be done to eliminate truck traffic. If it is determined that truck traffir is to be eliminated, all three communities will have to adopt an ordinance restricting truck traffic. A request for speed reduction, to be performed by Minnesota Department of Transportation, can be done by resolutioi. It it recommended that a resolution be drafted and signed by Orono, Medina and Independence requesting a speed limit survey be conducted to determine the safe and reasonable speed limit for Townline Road and that further research be per."o-med to determine whether or not truck traffic should be elimina To: Mary C. Butler, Mayor Orono Council Members kFrom: Mark F.. Bernhardson, City Admi.nistrat1 .'orwarded recommending approval. 1-1 SED MOTION: Moved, Seconde' , to direct staff to draft the appropriate joint resoMf on rcx1uesffnq Fie -State of Minnesota to conduct the appropriate survey on Townline Road. Ayes Nays __. We, the undersigned, reside adjacent on Town Line Road hereby petition the appropriate governmental officials to impose load restrictions and reduce speed limits on Town Line Road. In recent months the use of the road by heavy construction trucks on a daily basis, often as early as 5:00 a.m.,has caused excessive noise and dust, seriously interferring with our rights to quietly enjoy our property. In addition, the intense use of the road beyond its dpsigned limits is causing excessive wear and tear on the road. This results in our having to use a sub -standard road to get to and from our properties. Adding insult to iJury, WE, as local taxpayers, will ultimately be forced to pay for the repairs through our taxes. We respectfully request that the same load limits that are imposed in the Spring of the year be imposed and enforced immediately. DATE NAME ADDRESS PHONE # PA I Du y7,_aay� '1318 We the undersigned reside adjacent on the Town Line Road hereby petition the appropriate governmental officials to impose load restrictions along with the reduction of speed limitations on the Town Line Road. In recent months the use of the said on a road by heavy construction trucksA daily basis often as early as 5:00 a.m. have caused excessive noise and other nuisances including the creation of dust that seriously interferes with our daily livelyhood-rights to quietly enjoy our property as we have paid taxes over the years to protect. In addition, the intense use of the said road beyond its d ;igned capabilities is causing excessive wear and tear on the road. Consequently, this results in our having to use a sub -standard road to get to and from our property's. Considering the lenient position taken by our local government, concerning the intimidation of big business to adversly affect our private A velyhood, we are not only being taxed for the routine maintenance activities+but �e are also pr iding a subsidy to the developer which probably has the capability more than us, the the common tax payer+to compensate for the deteriorated conditions of the said road. Thus, in a sense, we as tax payers are obligated to pay for the routine maintenance tax per local tax structure which only accounts for the road being used in a minor sense for residential vehicles and some "light" hobby farm users and then being subjected to the cost of repairing a road due to the utilization by heavy equipment for corporate development purposes, and it simply translates to "taxation without representation". Therefore, it seems unreasonable that in this time and era that we have to plead for the attention of our local representatives d con1,�oiqulea;tli�ayers who voted you people into office based upon your "ground roots" ideology, we request that. you prioritze our concerns as well as livelyhood. Therefore, we respectfully request that the same road limitations that are imposed in the spring of the year be imposed and enforced immediately throughout at least the construction season. Furthermore, based upon available engineering research and studies, it demonstrates that an increase rate of speed also affects the duration of a road. PIUS, in terms of prudently economizing the tax dollar in terms of prioritizing the concerns UrrvrvU rULIL.t UtVAH I NILN I MESS. KEY CONTROL NUMBER (OCA) CONT. AGENCY NCIC (DENT. (CAG) DATE(TIME R:'PORT MADE E C 1 /17 L NOR /DATE REPORTED IRPD) TIME RPD ITRP) LOCATION GRID NBR (LGN) DAY: IS IM I T W T F S PLACE COMMITTED (PLC) L NOR HRD SQUAD OR BSA--DGE # (SBN) TIME (TAS) TIME ARR. (TAR) TIME CLR. (TCL) /ASIGG. / L NOR ISN UOC UCS OFFICER ASSIGNED JASSISTED BY ®, / I I I I I /U si La / UCS � �r�JI OFFENSE ❑ OR INITIAL COMPLAINT OTHER PRINCIPAL' COMPLAINT ❑ OFr --NDER ❑ VICTIM ❑ r D.C.0. — I 3USINFSS ADDRESS HOME ADDRESS OTHER REPORTS INCLUDED Impound ❑ Prop Inventory ❑ Implied Consent ❑ Accident Report ❑Tags [:)Influence Report ❑ Photos ❑ REPORTING PERSOr�6OFFENDER❑VICTIM ❑ D.O.B. BUSINESS ADDRr'.,, HOME ADDRESS 6 sn/ SEE CASE FILE HRD Codes P — Phone R — Radio A — Alarm I — In Person V — Visual M — Mail T — Other n m D Z rn N � m D O :SINE S PHONE HOME P, ONE BUSINESS PHONE 140ME PHONE ROLLCALL Warn & Release n,— Assist Message Deliver Treated & Transported Advised Cit;:lon Issued ` — Detail Completed G.O.A. -- WWI- /A //rr 00 & 4-/ -_ COPY TO L sc CO ATTNY ❑ CITY ATTNY. ❑ COURT U CHIEF ❑ OTHER DISPOSITION: U ou ed Cle arrest ef. a agency Inactive Other OFFICE S SUPERVISOR'S SIGNATURE ORONO POLICE DEPARTMENT MESS. KEY CONTROL NUMBER (OCA) CONT AGENCY NCIC IDENT. (CAG) DATE/TIME REPORT Mt -DE E I C I1/ i M,N 012,7 I I I / 8-a--)-86 L NOR DATE REPORTED (RPO) TIME RPO (TRP) LOCATION GRID NBR (LGN) DAY: I S I M I T JjC T I F S PLACE COMMITTED (PLC) Ti LNOR HRROSQUAD OR BADGE # (SBN) TIME ASIG. (TAS) TIME ARA. (TA TIME CLR. (TCL) T/K/1 1-51 /lil / a.3 a/ L NBR ISN UOC UCS OFFICER ASSIGNED ASSISTED BY L NOR / ISN_/ I uoclucs OFFENSE , OR INITIAL7 �COMPLY INT ❑ OTHER PRINCIPAL: �0.dar / 0.�o I COMPLAINT ❑OFFENDER Q VICTIM ❑ D.O.1 BUSINESS ADDRESS HOME ADDRESS MR D Codes P — Phone R — Radio A — Alarm I — In Perso V — Visual M — Mail T — Other BVSINE S PHONE HOME PHONE OTHER FEPORTSINCLUDED Impound ❑ Prop Inventory ❑ Implied Consent ❑ Accident Report ❑Tags ❑ influence Report ❑ Photos ❑ REPORTING PERSONwbFFENDER❑VICTIM D.O.B. BUSINESS ADDRESS BUSINESS PHONE G Sol HOME ADDRESS HOME PHONE SEE CASE FILE ROLL CALL 0 Warn & Release Dept. Assist Message Deliver Treated & Transported Advised Citation Issued Detail Complf G.O.A. 4,Pr---7T-S-----�r ocl.'_ C.:� _ 7.c...� G. F h�•vQ/a : , 7 S G T SoE'Nd PLs rR!�_—__ _— __P t__ u� �_�_�. S 7 rl e r44 o TV_S / �_�� T� S4— Cars, --- —_ cars j. lej 4 Nd 4vLt< k, , COPY TO. CO ATTNY ❑ Cfry r . 114Y. COUFiT ❑ CHIEF OTHER _ DISPOSITION. Unfounded Cleared by arrest Ref. other agency Inactive Other OFFICER'S �,�� Piu--P--i RVISOR'S SIGNATURE MESS!KEY CONTROL N'IMBF CONT. AGENCY NCIC )DENT. (CAG) DATE/TIME REPORT MADE L NOR �(�(D1, T�E�REPORTED (RPO) ��TIIM�- P;10 ((TRIPP)) LOCATION GI RIjD NOR (LGNI DAY: S T vd T F S PLACF COMMITTED (PLC) HRD Codes N n L NBR HRD SOUAD OR BADGE # (SON) TIME ASIG (TAS) TIME ARR. ITAR) TIME CLR. (TCL) ( 3 Phone o /NK/ I I •S� / / I `L! L/ / !J" R- Radio - - A - Alarm L NOR ISN UOC UCS OFFICER ASSIGNED�ASSISTED BY I - In Person V - Visual f L NOR � UCS M- Mail U•� C�� I I l 1 I I/L-1 - T- Other OFFENSE ❑ OR INITIAL COMPLAI..T OTHER PRINCIP IL: COMPLAINT ❑OFFENDER ❑ VICTIM D.O.B. BUSINESS ADDRESS BUSINESS PrIONE HOME ADDRESS HOME PHONE OTHER REPORTS INCLUDED Impound 1-I Prop Inventory n Implied Consent ❑ Accident Report ❑Tags ❑ Influence Report ❑ Photos ❑ REPORTING PERSOf)IdOFFENDER❑VICTIM❑ SEE CASE FILE BUSINESS ADDRESS HOME ADDRESS BUSINESS PHONE HOME PHONE ROLLCALL ]:�Advn & Release Dept. Assist Message Deliver Treated & Transported ised Citation Issued Detell Completed G.O.A. CO, TO CO. ATTNY ❑ DIS` OSITION: OFF ICEj is CITY ATTNY ❑ ou ed Cleacll List COURT F OTHFFR rest ef, a agency Inactive Other 7/ t;�-----F:APERVISOR'S SIGNATURE vlevivv r vL1%.._ uizrr%tt I Ivlely I MESS. AEV CONTROL NUMBER (OCA) CONT. AGENCY NCIC (DENT. (CAG) DATE/TIME REPORT MADE L NOR DAF0,97 , TE REPORTED (RPD) TIME RPDD((TRP) LOCATION GRID NBR (I JN) DAY: S M T W T F S / 1 / �-�—�� / F 1 1 OI /� PLACE COMMITTED iPLC) .r /AW L—,C, j< HRD Codes N M Mid L NOR HRO SOUAD OR BADGE # (SBN) TIME A;':G. (TAS) TIME ARR. (TAR) TIME CLR. (TCL) D Il •V :i / R — Radio A _ Ah.— � NOR ISN UOC UCS OFF10Er, SIGNED ASSISTED BV L ..8FI u0c UCS La /�' OFFENSE y INIT L COMPLAINT ❑ OTHER PRINCIPAL__ COMPLAINT ❑OFFENDER 0 VICTIM BUSIN ADDRESS V — V isual I M— Mail T — Other BUSINESS PHONE HOME ADDRESS HOME PHOr OTHF.r 0ORTS INC'-UOEO Impound U Prop Im -ntory ❑ Imolied Consent ❑ Accident Report ❑ Tags ❑ Influence Report ❑ Photos ❑ REPORTING PERSONOOFFENDER❑VICTIM[] D.O.B. L BUSINESS ADDRESS SUSINEZS PHONE HOME ADDRESS HOME PHONE / n V �f✓� FI SEE CASE FILE ROLL CALL Warn & Release Dept. Assist Message Deli - Treated & Transported Advised Citation Issued C 'a.: Completed G.O.A. _/ 41 91' 9 _ _ COPY TO: --- List CO. ATTNV ❑ r ITV ATTIVY 0 COJ ' T O CHIEF OTHER: DISPOSITION: Unr4�rldCleapmf-��o gency Inactive O"r ufFIC SUPERVISOR'S SIGNATURE r 10886.1 r / " . n TI., Mayor d City Council `/ � l FROM: Mark F �hardson, City Administrator DAY ictober 8, 1986 ��` Y J' ��.jij,#Q SUBiLl 3,�w and Arrow Hunting - Game Animals ISSUE 1. Should bow and arrow discharge for purposes of I.ating be allowed in the community urger any circumstances. 2. If so, what c(- uitions would be imposed a bow and arrow discharge for hunting. DISCUSSION At the Council's September 22, 1986 meeting a dtaft Orlin nce :s pLesented for Council consideration reg..rding discharging :; bow and acZow to eliminate existing nuisan-:,-:s. Council at- that meeting indicated that thev were generally favor of 1 mited permission to remove nuit nces, but request_ the City w 'f to come `.r,ck with standards that would ke used j.,f detr rininin•_ ih- her such a permit shouiu be issued. ^he actual issue of hunting is one governed by D�VF-. -nd one that the City can not regulate sp;cifically, however, tF, City can tegulAtt .,-.e d,^charge of any tirearms including bows arrows, B-B guns, et (The effect. ►--,nge of an ac:^urate bow aid arrow is. generally 50 to 60 fP �t and beino somewhat less in bus')y areas.) RECOMMENDATION_ - St-ff's recommendatiou that ti_ di6.:' ..rge of bow and arrow be allowed with a permit. .ssued by the C.ief of Police under the follow.,ig circumstances. If there is •-z demonstrated nui• r_e of 'hat game . ,imal to that L.,rope. _.y owner . - Property owner has spec? ticaIly gives,• wt itten permission to a hu- to and that the hunter has F Mate deer huntinc.1 petmi,.. - That no hunting _ e withi; 100 feet cf ary property ' ine, within L �t of an_ bui' rings of 20' feet of anj livestoc.K. - Can my be dons: .1k_ c ,pe7opria,, sea:..sc . - That hu• ter t ec--i v,, no cc. ---ens i. r the removal service apart from retention of animals killed. PROPOSED MOTION - Moved by , seconded by , to adopt Ordinance Number 25, Second Series to permit limited discharge of bow and arrow for the hunt: ng of game animals under controlled conditions. Ayes _, Nays 91586.8 ORDINANCE NUMBER 25, SECOND SERIES AN ORDINANCE AMENDING ORDINANCE NUMBER 9.10 AND ENTITLED "DANGEROUS WEAPONS AND ARTICLES" The City Council of the City of Orono ordains: Ordinance Number 9.10 and entitled "Dangerous Weapons and Articles" is amended to read. Subdivision 7. Permits Occasional. Occasional permits valid for a period of fifteen (15) days or less may be granted to clubs or persons as follows: C. Dow and arrow hunting t- alloweu' on an occasional basis to remove problematic animals to an individual be allowed with a permit issued by the Chief of Police under the following circumstances: 1. There is a demonstrateu nuisance of that game animal to that property owner. 2. Property owner has specifically given written permission to a hunter and that hunter has a state deer hunti,nc, permit. 3. That no hunting be done within 100 feet of any property line, within 500 feet of any buildings and 200 feet of any livestock. 4. Can only be done during the appropriate season. 5. The hunter receives no compensation for the removal service apart from retention of animals killed. This ordinance becomes effective on October 21, 1986. Adopted by the City Council of the City of Orono,14 innesota at a regular meeting held ..his 13th day of October, 1986. Mary C. Butler, `Mayor AT'PEST : Dorothy M. Hallin, City Clerk Publish in the Laker and Pioneer newspapers the week o[ October 20, 1906. DATE: October 1, 1986 TO: Mark Bernhardson, City Administrator FROM: Mel Kilbo, Chief of Police SUBJECT: Guidelines, Permit For Bow & Arrow Hunting permit for Bow & Arrow must meet the guidelines below: *the hunting must be entirely on private property that the hunter has signed permission to be on; the range of accurate bow and arrow fire is 50 - 60 and less in bushv areas. *hunting is not allowed within 100 feet of an occupied dwelling. *Permission to enter non -posted property to retrieve a wounded animal is not required. *Posted property must be properly posted and signed. *the Council has no power to regulate hunting, they do have however, the right to regulate discharge of firearms including bows and arrows and leg hold traps. *Hunting is defined as taking of game with a weapon (such as fire arms, bows and arrows, etc.) In checking with surrounding municipalities, the following guidelines were found to be in effect. 1. Maple Plain - special permit by the city and police department, with written permission by landowner. Note: hunting can not be closer than 500 feet from buildings, nor within 1000 feet of livestock. 2. Medina - Must have written permission by landowner with the hunter. No hunting within 500 feet of residents, follow DNR regulations. 3. Minnetrista - Permission of landowner, permit from city, DNR regulations. 4. Independance - DNR Regulations 04 10, TU: Mayor and City Council FROM: (lark 13ernhardson, City AdministratoO DATE: October 2, 1986 SUBJECT: Medina Police Services 0 T 1 u G4+r,f ISSUE - If the City of Medina indicates further interest in contracting with the City of Orono for Police services, staff is requesting authorization to undertake final negotiations. DISCUSSION - As formally requested on September 16th, the City of Medina desires Orono to provide for them the cost of police service on a contract basis to the City of Medina. Staff made an introductory presentation on the issues involved and the type of service at Medina's September 23, 1986 1Duncil meeting. Staff additionally made a presentation of the approximate dollar amount to the Medina Council at their October 7, 1986 Council meeting. It is anticipated that indication will be given to Orono within the next 10-20 days as to whether Medina wishes to pursue the Orono option furt:ier. Medina is comparing the cost and services among four alternatives: a.) maintaining their own department, b.) going to a joint powers with West Hennepin Public Safety, c.) contracting with Orono or d.) Hennepin County Sheriff's Department. Attached please find documents that have been presented to the City of Medina to date together with the figures. It is anticipated that it is financially advantageous for the City of Orono and its other contract communities to provide the service to Medina. We feel it is advantageous to Medina as Orono will be able to provide comparable patrol services to the present but also a depth of coverage they currently do not have. This at a price that is in line with maintaining their own police department. RECOMMENDATION - Staff be authorized to enter into final negotiations with the City of t•ledina for provision of the Police services possibly for the balance of 1986 and for contract year 1987. Staff would bring back the final negotiations to Council for formal contract approval. PROPOSED MOTION - Moped by _ seconded by ,, to acknowledge staff's work in developing contract services for the City of Medina for Police and authorize staff, if Medina continues to be interested, to undertake final negotiations for such services. Ayes , Nays cc: Mel Kilbo TO: Mayor Tom Anderson, City of Medina Council Members Anne Heideman Robert Mitchell William Reiser, Jr. Wilfred Scherer FROM: Mark Bernhardson, City Administrator��r� Mel Kilbo, Chief of Police DATE: October 7, 1986 SUBJECT: Police Services - City of Medina Attachments: A) Outline of Services B) Examples of Deployment C) Medina Police Presentation 9/23/86 (Revised) D) 1985 Police Operations Dated 6/5/86 The City of Orono is willing to enter into final negotiations for contract police services with the City of Mec:ina with the estimated cost for 1987 estimated of $272,000 not including vehicles (less $16,000 revenue for Loretto patrol.) This would provide for 24 hours in -town patrol services (less response to other contract areas, vacations, sick leave, etc.) with 24 hour emergency response and backup 365 days per year and other services as outlined in attachment A. Negotiations leading to a final agreement would address among other issues the following: a.) Level of In -town patrol b.) Identity issues c.) Equipment d.) Commencement of services (1986-87) e.) Community/Police access - i.e. substation, communciations If Medina desires to enter into a contractual arrangement upon conclusion of negotiations and approval by the Orono Council, the Cities could then undertake the appropriate agreements and commencement of service. Should further questions or issues arise following the meeting, either of us would be happy of address them. Chief Kilbo (473- 7710) Mark Bernhardson (473-7358). CITY OF MEDINA POLICE SERVICES ANALYSIS PRESENTED BY CITY OF ORONO MEDINA NEST HENNEPIN ORONO ww....s.s.w.u.w.sw.w....... HEMMEPIN COUNTY w.ss..a.w.u...s.wsw.w.0 I. GENERAL ISSUES A. ... w..w..w Service Arrangement ... w.w............. w..w In House Department ... ................................... Joint Powers Contract for Contract - Patrol Comprehensive Service Services B. Control of Operation Direct Administrative Equal Vote on Board Customer - Customer Business -Long Term Business -Short Tern C. Identity 'Medina Police' 'Nest Hennepin' Serving . . . 'Medina Police' insig- 'Hennepin County Sheriff' nia 'rivision of Orono Police', or 'Orono Police' Serving Medina, Long Lake,... or 'North Lake' D. Flexibility of Same as other City Same service through- Can have selected Incremental level of Service Level Departments out service area - 'incremental' level of service based on patrol could provide some service hours desired specialised service E. Adaptability Same as other City Up to Joint Powers Negotiated between Client Departments Board and Provider F. Implementation a) Equity Same as present Possible buy -in No buy -in b) Time Frame Dependent on hiring Time to join Joint 30 days from process Powers decision to go G. Duration As decided by City Year to year as 3 Year Contract but specified in Agreement can terminate on year to year basis B. Termination a) Equity Balance of Assets Possible Cash out gone apart from As specified in Contract arrangements on equipment b) Time Frame Dictated by City - As specified in Prior to 1 October annually - Change to another Agreement other arrangements possible , CITY OF M9DINA POLICE SERVICES ANALYSIS PRRSENTED BY PITY OF ORONO MEDINA NEST HENNEPIN ORONO HENNEPIN COLW: y ................................................................................................................................................. II. SERVICES A. a) Size of Force 5 11 20 N/A (with Medina) b) Population Served 2867 7173 14043 2867 (Depends on total abut- ting Coav^unitie!: served) c) Square miles 27 63 46.71 27 + d) Available Officers 1 2 3- 6 1 on duty (not Incl. vac., sick lv., court time, etc.) e) Population per 2867 3586 2809 - 4681 2867 available Officer f) Square Mileage/ 27 31.5 9 - 15 27 Available Officer B. Patrol Service 1-24 hours/1 days -In town plus 2-3 concentrated -selected times C. Response a) Emergency b) Non -Emergency c) Depth of Response Coverage D. Reserve 24 hour emergency 1-2 initial response 24 hour non -emergency 1 per request 1-4 available/ Backup initial call Patrol Backup/Selected Limited non-novieg enforcement Large event control II. SERVICES continued E. Investigations F. Special Reserve Team G. Emergency Preparedness R. Animal Control I. Crime Prevention III. TRANSITION ISSUES A. Current Staff Utilization S. Equipment MEDINA CITY OF MEDINA POLICE SERVICES ANALYSIS PRESENTED BY CITY OF ORONO NEST HENNEPIN ORONO HENNEPIN COUNTY ................ a.... s... ... w ......................... .................. Patrol Officers (17) County Detectives Supervisor Monitoring Yes Yes Yes Yes Coordinate with contracted agency Patrol Officers 'Orono Crime Prevention Fun% :dertaken 1985) Accented as Dept. Officers Senior - Similar pay Junior - Reduced Both possibly higher pay - long term Function of Negotiations C. Implementation No more than 30 days from decision CITY OF MEDINA POLICE SERVICES ANALYSIS PRESENTED BY CITY OF ORONO MEDINA WEST HENNEPIN ORONO BEWNEYIN COUNTY a............ ...............N................................................................................................................... IV. FINANCIAL 1987 A. Patrol Service 87 - $295,000 (Equivalent 86 Budget $310,000 B. Town Aid 14,500 (Deduct) C. Loretto Revenue 16,000 (Deduct) D. Prosecutor Included in 295,000 (Addition) E. Jail Fees Included in 295,000 (Addition) F. Vehicles Included in 295,000 (Addition) G. Related Insurance Expenditures (General, Umbrella, Auto, Police, Work Comp.) B. Net Cost I. Amount Increase through 1989 J. Estimates vs. Dependent on Final Cost Adherance/Adjustments to Budget Actual expenses for year divided by Medina share Basic - $169,000 Supplemental - $103,000 Total - $272,000 Accounted for in Contract Price -16,000 +30,000 +2,100 Orono owned +6800 or Medina owned 11,000 (2 out of 3 years) Included in price Contracting my result in savings not included directly in Medina Police Budget Orono owned - 5294,900 Medina owned - $299,100 Debit -Credit clause allows for End -of -pear adjustments including .non -patrol time- etc. General has resulted in reductions from Budgeted figure �0 Iv1u,JIC 11l VVG c . �o • 10 1 IN / 191 q � ; up ..47 /ti✓L:/ 3 Lor tto • . wa° _ 55 I r. 19 jre j� �..• a i - nh1:• I b • i ina 1 Unai'b►p� e1 ,Uo Pi mou •1► 24 ; 24 _ tle Plain ^ • _ _ L.. .. _ _ pTi e swo - • U1 j 9 �' �""'• _ S i £ Medicine 33 •• 1 i } .• dt Lake �.• o • �\•. 19-- AID84 1 � ,.. •r f j' a v"a • + Lak .r,, ..,•• 15 1 t I•• •,. S Wzyzala lot - 84 �. �.; 16 t �^ Ise 1•, 19 No•n•e•I• •YO • 3 M��' 61i • ®\ ere: S .i •. pri Mc61 e1.,,• 73 no ark 1S sfe d �� Dceph3veq 6C t • c�kms •eel► L� '•. aY Greenwood +" I t • ; Min et nka �. 19 61 Shore. ood` moo, 62 •.. , � I � .I... « ,� � ` •••, • 'lam. .1 . �� .r.� 1 i :)o VOL: '0 ..... ..... . ... 110 vs.% 61 . .......... 47 Lor Ito -J"A- 55 .01 Medina 9 T. Gollip, PlyI 1 IOU '72 4� 24 SIC Pljtrl 101 '134 29 3 49 61 Lake 6 N. 19 1 to A tow. L a 84 73 ir ro hu 12 1 Wayzata J ISO 84 01 51 700d!"Irl. 16 16 40 A-1 5 Swin. 341C 73 61 Mo nd ark 19 q OF 0•lot Dccp haven o kin sp To k. a Gov 94 as a- -qjay Grocn o00 -'�', c, r Min e n za J S ore 0 O'd '82 7 60 (oil lip It vs" V'— . 39 14 0- OWA FL04NMAft hFell.,• 61 ••..... 494 �+-►' tt� fG� tea_^^ a1,, c� r7 qq r I,� U i 1 C± 1 ' ! u-�• Ytlrn• t. �.lp• r �r Plymou ►.ri `\ 24 1 e Plain, •m! �' ` ' Ol 4 P•wu I S Medicine •, • • O1 Lake � ®..ram y at► �� • oa i � 19 81 ., 1i. o .� �e y o 15 •1 73 12 Y to 8; :• ' idj a • •'� 19 ~ • lberero•.y tad •. • ,� i _ • _ '• _ 61 1 16 i in 010 •zlPI sac 's 73 IMo n •, ark 1S 19 • •., tot „r••.. . Q0 •. tt.... tl►t�• +�CDeeph3vcn eo To �l k, � `'- 3 j c9ay e Greenwoca .. 19 S' ore ood`. 82 1__ 1 • Q7 r�•M 62 df T - S. � (9-23-86 Presentation Revised) CITY OF MEDINA POLICE F cVICE I. Comparison of Options A. In House Department - Medina Police - Direct Operational Control - Size of Force - Identity B. Joint Powers - Wes' 'ennepin Public Safety - Major Shareholder/Closely Held Corporation - Share of Direct Operations - Size of Force - Equal Vote by Community - Entrance/Exit Costs C. Contract for Service -/Comprehensive Service - Orono Police - Direct Business/Customer Relationship/ Comprehensive - Flexibility of Service - Size of Force - Ability to Terminate Servi-,; - Cash & Carry - Month "Customer" Meetings - Operational Decision Response - :Minimal Formal Control of Operation - No Equity Apart from Selected Agreement - Lack of Voting Power D. Contract for Service/Personnel Only- Hennepin County Sh :iff - Business/Customer Relationship/Per Unit - Size of Force - Flexibility - Adaptability ., - Depth of Coverage - Control Operational Direct Customer II. Overview of Services A. Police Service - Medina 1. Basic Contract - Supervisior - Administration - Equipment - Personnel - 24 Hour emergency call response (Law Enforcement EMS) (1-2 response per emergency) - 24 Hour non -emergency response (1 person per request) - 40-48 Hours/week in town patrol - Mutual Aid 2. Supplemental Manpower - 40 hours/patrol officers - 3 officers = 120 hours/168 hours Basic 40-48 Supplemental 120 160-168 Hours (Less Sick Leave, Vacation, Court Time, Training, Other Emergency Response, Backup.) 3. Police Reserve (15-20) - Large Event Control - House Checks - Back-up on Selected Calls - Citation/Non Moving Violation 4. Investigations - Routinely by Patrol Officers - Overviews by Supervisor 5. Special Response Team - Barricaded suspects - Major Crimes in Progress B. Emergency Preparedness - Orono, Spring Park, Minnetonka Beach and L-)ng Lake - One Organization - Chief as Director C. Animal Control - Coordinator for Contract Service D. Criminal Justice System (Changes not included) 1. Prosecution 2. Jail Fees III. City of Orono A. Police Service 1. History a. Founded 1965 b. 1967 - Long Lake c. 1969 - Maple Plain d. 1978 - Maple Plain to West Hennepin - Minnetonka Beach e. 1981 - Spring Park 2. Current Strength - Chief - 2 Lieutenants - 13 Patrol Officers - Secretary - 1 Full Time - 1 Part Time 3. Area Coverage (Orono, Long Lake, Spring Park, Minnetonka Beach) - Square Mileage (Land) - 19.71 - Population - 11,200 - Miles of Roads - 100 B. Contract Experience 1. Provider - Police - 21 years - Building Inspections (Spring Park, Minnetonka Beach, Wayzata) 2. Receive Fire Water C. Attributes t - Extensive Experience in contracting - Adaptable to local needs - Flexibility of working with several prosecutors - Experience in multiple City operations and Ordinances - Working relationship with contract fire department One Year Cooperative Contract IV. Issues A. objectives in selection of an option? - Level of Service - Available Patrol (Hours per week) - Depth of coverage - Flexibility - Cost - Control - Direct Control - Customer Control - Identity B. Trj.nsition Issues - Current Staff - Equipment - Timing - Decision (186 and/or 187) - Implement 6586.1 TO: Mayor and City Council FROM: Mark Bernhardson, City Administratoil��` DATE: June 5, 1986 SUBJECT: 1985 Police Operations Gay ° 1 ryl `I•'�' �{�`7G JUN 9 -1QGG ec "'ic (;�j;r., rr0 Attached is a summary of both the statistics from the Criminal Justice Information System for the City of Orono and also for the entire Orono Police operation including Long Lake, Spring Park and Minnetonka Beach together with the computer printout and Summary of Operations for the entire Police Department for 185. As you wi 11 note over the years the number of actual of fences has gone from a total of a little over a 1,000 in 1980 up to as high as 1,600 in 1981'and then dropping back into the 1,100 or 1,200 range during the last three years. For the most part clearance rates by arrests have remained relatively constant in a range for Part 1 offenses of 14% to 23% for Orono and 17 to 25% for the operation in total. For Part 2 offense clearance by arrest for Orono range has been from 39 to 52% in the overall police operation range has been from 33 to almost 60%. The reason for the clearance rates difference between Part 1 and Part 2 is that among other things DWI falls in the Part 2 range and the vast majority of those are arrests. It maybe of additional interest that since Spring Park has joined the contract in 1981 Orono generally makes up about 50 to 55% of the total Part 1 and Part 2 crimes with Long Lake between 17 and 20%; Minnetonka Beach ranging between 3 1/2 to 6% and Spring Park between 14 and 23%. For 1985 the budgeted share versus offense report (which do not constitute total police service activities) are as follows: City Percent of Percent of Total 185 Budget Part 1 and 2 Offenses Orono 50.1% 53.5% Long Lake 21.2% 19.2% Minnetonka Beach 5.2% 3.8% Spring Park 23.4% 22.8% As noted in the 185 figures the formula which bases the distribution on population and valuation does not produce results significantly different from what the totals of the offences reported. Should you have any further questions or comments please feel free to discuss them with me. POLICE STATISTICAL 1980 - 1985 CITY OF ORONO ORONO POLICE TOTAL Known or Clearance Known or Clearance] Reported Actual By Arrest Reported Actual EyArrest Offenses Offenses 8 Offenses Offenses % 1980 Part I 359 358 18% 468 467 18$ 1 Part II 415 403 41% 580 567 40% 1981* Part I 335 324 18% 625 607 17$ Part II 564 530 52% 1077 1009 33% 1982 Part I 295 266 15% 599 561 17$ Part II 474 437 47% 845 785 49% 1983 Part I 238 223 17.9% 426 Part II 458 441 47.6% 805 7 69 69 47.8% .t 1984 Part I 210 197 22.8% 390 370 21.3� Part II 387 365 60.8% 683 644 59.5% 1985 Part I 199 195 14% 319 309 258 Part II 405 399 39% 707 7C5 39% * Spring Park entered Contract in 1981. 10 10286.1 TO: Mayor and City Council l; T 0p� FROM: Mark Bernhardson, City Administratot,V Z DATE: October 2, 1986 SUBJECT: Highway 12 Corridor Study Meeting - Wednesday, November 12, 1986 - 7:30 P.M. - Orono School Cafeteria The next meeting for the corridor study will be held November 12th at the School Cafeteria. At that meeting the following issues will be presented and discussed: A. Sewer Units 1. Allocated capacity 2. Existing Orono capacity 3. Long Lake capacity B. Land Use Densities C. Transportation Plan n. Implementation 1. Comprehensive Plan amendment - MUSA line 2. Performance standards of development 3. Rezoning 4. Sewer allocation E. Moritorium It is hoped at that meeting that the issue of general land use densities and the means for allocation of existing sewer will be undertaken plus the general direction as to how rezoning of existing properties in accordance with the desired Comprehensive Plan can be undertaken. It is suggested that the land use issue will be set with a maximum density for each area, but prior to any rezoning it would require the applicant to demonstrate they have sufficient sewer capacity either through their allocation, taking existing allocation from another property owner or working through the City to negotiate with Long Lake/Medina on other available units. cc: John Shardlow, Dahlgren, Shardlow, Uban Jeanne Mabucth, Zoning Administrator Michael Gaffron, Assistant Zoning Administrator John Gerhardson, Public Works Coordinator 10286.5 TO: Mayor and City Council p`VI`\ �?D FROM: Mark Bernhardson, City Administrato4 VVV Cyr Y 0a i 4Sz l� DATE: October 2, 1986 SUBJECT: Special Assessment Refunds Due on Prepaid Sanitary Sewer Project 85-1, Crystal Bay ISSUE - Repayment to Crystal Bay residents who paid the entire $9,235.00 in advance of the appeals settlement. IN DISCUSSION - Four individuals who were appellants of the assessment have prepaid the entire $9,235 of the assessment. Based on the Court order it is appropriate that the City refund the money to those four individuals in the amounts as follows: Jeffrey B. Anderson $3,486.14 Mrs. Emory (Ruby) H. White $3,486.14 Wayne A. Quast $3,486.14 Olai Hanson $3,486.09 RECOMMENDATION - That staff be given the authority to issue the refund checks to the four individuals listed above. PROPOSED MOTION - Moved by _, seconded by _, Orono C'ty Council authorizes staff to issue the refunds to each of the four appellants in the Crystal Bay sanitary sewer project who paid the original assessment prior to the court awarded reduction. Such appellants and amounts are: Jeffrey B. Anderson $3,486.14 Mrs. Emory (Ruby) H. White $3,486.14 Wayne A. Quast $3,486.14 Olai Hanson $3,486.09 Ayes __, Nays _ 10286.4 TO: Mayor and City Council I 1 '� j" ?; FROM: Mark Bernh-irdson, City Administrator~O " DATE: October 2, 1986 ti SUBJECT: Deputy Finance Director/Deputy City Clerk Replacement Joan Lattin, the person currently f i 11 ing the above referenced position, has submitted her resignation effective December 15, 1986. Ms. Lattin has been with the City for a number of years serving in the capacity of the Finance Director and subsequently Deputy Finance Director/Deputy City Clerk. In looking at the organizational needs and structure staff is recommending that the job be modified from what it currently is, which dces include the position of office coordinator for the clerical staff and that the new position of Finance Clerk be established on par with the existing Utilities Clerk position and that salary be reduced from the $22,315 down to starting salary range of $17,000 to $18,000. Additionally the Deputy Clerk position would rest with Teri Naab, who is currently the person that does the clerical work for the Building and Zoning Department. Such a shift would necessitate an increase in pay for her position. Recommendation regarding that will be taken into account in the up and coming comparable worth adjustments. This is brought to you at this time as staff would like authority to advertise for this new position together with being able to L ing the person on board prior to the departure of Joan Lattin foc a period of approximately 30 days in order to have some transition between the two positions. PROPOSED MOTION - Moved by _ , seconded by _, to authorize establishment of the position of Financial Accou• g Clerk at a starting salary range of $17,000 to $18,000. A .itionally it authorizes staff to commence hiring for the position in advance of the termination of the current job holder. Ayes Nays _ 10286.3 TO: Mayor and City Council �1l e L-,, F -L 3 1 n�u FROM: Mark Bernhardson, City Administrato V DATE: October 2, 1986 ;Ly a"3jy�rfl SUBJECT: Animal Control Services �9 Issue - The need to contract animal control services with un outside vendor. Discussion - As you may recall in June the City contracted with Linda Kadlec for animal control services effective the middle of June. She has given us notice, which is appropriate under the contract, that services were terminated September 19, 1986. Tn the meantime the City has been looking for alternatives and ilas identified an individual with whom a new contract can be arranged. This individual's name is Gary Freeze and was the one who worked for Linda Kadlec doing the animal control services. Mr. Freeze does this on a part time basis. The City's request for services is for 6 hours of patrol a week together with call response on complaint. His principal job is with the Hennepin County Humane Society. This person did an excellent job when he was with Ms. Kadlec and it is anticipated that this will continue. Additionally it is anticipates that the demand for animal services generally decreases during the last 4 months of the year. The City will be exploring with he and other providers for contracting of service in 1987. RECOMMENDATION - That the City entt_ into a contract with Gary Freeze to provide animal control services through December 31, 1986 within budgeted amounts. PROPOSED MOTION - Moved by , seconded by , to terminate the contract with Linda Kadlec effective September 19, 1986 and enter into a contract with Mr. Gary Freeze to provide services through December 31, 1986 within budgeted amounts. Additionally staff* is instructed to work to negotiate services for the contract year 1987. Ayes Nays To: Mayor Butler CT i 3 Mark E. Bernhardson, City Administrator �! Orono Council Members From: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: October 3, 1986 Subject: Howard W. Hull, 2445 Woodhave Drive - Request for connection to municipal sewer - Resolution of Denial Attached is a resolution of denial of the above request for Council's review, per Council direction of 9/22/86. City staff is currently reviewing the liability question related to this request. A RESOLUTION DENYING CONNECTION TO MUNICIPAL SEWER FOR PROPERTY LOCATED AT 2445 WOODHAVEN DRIVE WHEREAS, Howard W. Hull (hereinafter "the applicant") is owner of the property located at 2445 Woodhaven Drive within the City of Orono (hereinafter "City) and legally described a Lot 7, Block 1, Levering's Woodhaven; and WHEREAS, in accordance with Orono Municipal Code Section 3.05, Subdivision 7 (B), the applicant has requested that he be allowed to connect the existing house on said property to the Municipal Sewer System located near the property, because the existing septic system on the property is failing. WHEREAS, the City Council has reviewed the recommendations of the staf f and the cor,ments and written state- ments of the applicant regarding this request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby denies the requested sewer connection for the property described above )^ased upon one or more of the following findings of fact concerning this property: 1. The property is located in the RR-lB Single Family Rural Residential 2-Acre Unsewered Zoning District, and is within Orono's defined Rural Service Area. 2. The property was created according to and in conforrance with all the standards of the RR-lB district through a subdivision approved by the City Council per Resolution No. 820 on September 12, 1977. 3. The property is near, but does not abut, the right-of- way of Hackberry Hill within whic. the municipal sewer is locate:. Connection of the house on the property to the municipal sewer would require that the applicant obtain an easement from his neighboring property owner. 4. The -operty has never been assessed for municipal sewer, a sewer stub has not been installed to serve the grope ri Page 1 of 3 5. Based on the assessment formula used in the 1973-1 assessment resulting from the Hackberry Hill sewer project, the estimated assessment (or connection charge) for the Hull property is $9,205.73. Applicant has stated that estimates to physically connect to the sewer are in the range of $3,000. Applicant has stated that estimates to reF:4ir or replace his existing failing septic system exceed $5,806. 6. Based on the soil testing report filed with the City in order to obtain th original building permit for the applicants residence in 1981, it is technically feasible to construct a mound -type drainfield system on the property %hich can be expected to function properly. The existing trench -type drainfield system appears to be failing due to its proximity to a high water table which was not indicated in the original site evaluation information submitted for building permit approval. The septic system was installed prior to issuance of a permit for its construction. 7. The City Council adopted the Orono Community Management Plan .in June, 1980 as a guide to the orderly and economic development of the City. Chapter 6 of the Community Management Plan, '-nown as the Comprehensive Sewc Policy Plan, contains the City's Pural Sewage Treatment Policies, and indicates that residential sewage generated in the rural zoning districts is intended to be treated on -site without extension of municipal utilities. The CSPP includes guide- lines for an Alternative Waste Management Study to be completed by the city when many septic systems in an area are failing. Although that is not the case in the Woodhaven area, a review of the criteria for installing municipal sewers finds that the Hull prope.*y does not qualify because the on -site sewage treatment tem can be repaired or replaced. 8. Allowing the applicant to connect to the municipal sewer would set a precedent, to the extent that the City has heretofore required all new residential development in the "RR-" rural residential zoning districts to make use of private on -site sewage treatment facilities. The City has identified numerous properties which border on sewered areas and whi--h could be expected to make a similar requesu to that of the applicant if the current request is approved. tllowing such connections woulC require an amendment to the Community Management Plan, requiring Metro Council approval. Page 3 of 4 9. The fact has been established tl- Z a suitable on -site sewage treatment system can be installed on the property, hence connection to the municipal sewer is not required because of hardship, but merely as a questionable economic convenience to the applicant. 10. The applicant claims tha* the City should take some responsibility for applicar light given that certain required components of the , ting septic system, namely manhole risers and a pump-fai.�,..Le alarm, were omitted by the applicant's predecessor's contractor. However, the lack of these components, the installation of which is estimated at $600-$800, does not impair the proper functioning of the system. Furthermore, the City assumes no liability for the non-performance of a priv. p subcontractor. Adopted by the -ity C-,L ci 1 of the City of Orono, Minnesota at a regular meeting held October 13, 1986. ATTEST: Dorothy M. Hallin, City Clerk Mary C. Butler, Mayor Page 3 of 3 To: Mark Bernhardson, City Administrator �... From: John R. Gerhardson, Public Works Coordinator GCT i 3 18n Date: September 23, 1986 Subject: Release of Funds Community Development Block Grant'' Program Year XII For the program year XII of the Community Development Block Grant Program, the City of Orono designated all Year XII monies to assist in paying assessments for qualifying residents in the Crystal Bay sanitary sewer project area. Year XII monies should have amounted to $23,825 but due to monies held in abeyance at the federal level, the City of Orono received $19,764. Therefore, in order to comply with HUD regulations in administering the assessment grant program, it was necessary to reallocate $3,877 from the Year X Rehabilitation Grant Program. HUD has now released the balance of the monies held for Year XII whi,:h amount to $4,061. It is recommended that these monies be placed back into the Year X Rehabilitation Grant Program from which the City reallocated $3,877 from the Crystal Bay Assessment Program. To: Mary Butler & Orono Council Members R From: Mark E. Bernhardson, City Administrator�,,I' Forwarded recommending approval. Proposed Motion: Moved , Seconded , that the Orono City Council allocate the $4,061 of Year. XII in restored funds to its Year X Rehabilitation Grant Program from which it had previously reallocated $3,877. Ayes , Nays 10686.3 TO: Mark BernhardsGn, City Administrator FROH: Tom Kuehn, Finance Director DATE: October 7, 1986 SUBJECT: Appoint Auditor for Fiscal Year 1986 RNG OCT i 3 i9$6 We have requested cost estimates from the audit firm of Pannell Kerr Forster for performing the 1986 fiscal year (FY) audits. They have submitted a total estimate of $12,100, excluding direct expenses. This compares with an actual cost for the 1985 FY audits of $11,650 plus $280 for direct expenses. The 1986 FY cost estimates are: a. Annual audit of the City $10,400 b. Single audit covering federal programs 700 C. Minnesota legal compliance audit 1,000 TOTAL $12,100 We have budgeted $11,855 in 1987 fir the 1936 FY audits, wuich does not include monies for the federal programs audit of $700. If the federal programs audit is requireu under the federal regulations we would request an appropriate allocation from the contingency budget at the time. Recommendation: It is recommended that Council approve the appointment of the audit firm of Pannell Kerr Forster, C.P.A.'s to perform the requires: audits of the 1986 fiscal year records. TO: Mayor and City Council 11 FROM: Mark Bernhardson, City Administrato jrwarded recommending approval. PROPOSLD MOTION - Moved by , seconded by , to appoint Pannell Kerr Forster as the audit firm to perform the required audits'for the 1986 fiscal year at an estimated cost of $12,100 plus direct expenses. Ayes , Nays 1 10286.2 TO: Mayor and City Council FROM: Mark Bernhardson, City Administratorli�� DATE: October 2, 1986 SUBJECT: 3536 Lyric Avenue - Hazardous Buildings Proceedings Attached please find a copy of the resolution as to hazardous buildings proceedings against the above listed property. These proceedings relate principally to the foundation and footings of the building which the current occupant had agreed to correct in exchange for temporary certificate of occupancy and has not so accomplished. In addition the City has offered the property owner the opportunity to request a hearing in order to provide the owner ample due process of revocation of his temporary certificate of occupancy. If the City revokes such a certificate of occupancy the City can then issue tag violation should the person continue to reside in the property, until such time as the appropriate items have been corrected. It is estimated that the hearing proceedings would cost the City up to $500, but that such a proceeding is money well worth it to correct the bad situation that has not been brought to a successful conclusion for the past three years. This "additional "due process is recommended by the City Attorney since revocation of the permit entails a "property right". PROPOSED MOTION - Moved by _, seconded by , that Orono City Council adopt resolution #_ comencing hazardous building proceedings against the property at 3536 Lyric Ave:lue and additionally authorizes staff to establish the requested hearing in the matter of a revocation of temporary certificate of occupancy. Ayes _, Nays _ 1 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION ORDERING ABATEMENT OF HAZARDOUS BUILDING ACTION AT 3536 LYRIC AVENUE, ORONO WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Richard Bowman Gilmore, Richard Robert Gilmore, Mary Ellen Anthony and Audry S. Gilmore are the owners and Charles Lewis Henke has an interest in the property located at 3536 Lyric Avenue, Orono, Minnesota, herein referred to as "the property", and legally described as follows: Lots 19 & 20, Block 4, "Navarre Heights", Hennepin County, Minnesota (P.I.D. 17-117-23 43 0056); and WHEREAS, the City Council of the City of Orono, having duly considered the matter pursuant to Minnesota Statutes Sections 463.15 to 463.261, hereby finds that the above described property is uninhabitable and contains unsanitary and hazardous conditions which constitute a public nuisance and which makes this property hazardous to the public health, safety and welfare based on the following findings: 1. Over two layers of roofing; 2. Improper footings - concrete block stacked without mortar - improper depth; 3. Building is in a state of deterio-aticn and dilapidation, thus it is a safety and health hazard pursuant to Minnesota State Building C'odP/Uniform Building Code, Section 203. 4. Orders to remove or repair the structure were issued by the Building Official on February 19, 1985 and September 10, 1986. These orders have not been complied with. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the City Council of the City of Orono, pursuant to the foregoing findings and in accordance with Minnesota Statutes Sections 463.15 to 463.261 hereby orders the owner(s) of the property to raze or repair the structure on the property. The Council further orders that all personal property or fixtures that may unreasonably interfere with the razing or repair be removed within twenty ( 20 ) days of the . -rvice of this order or the City of Orono may remove such personal property or fixtures. All costs incurred shall be charged to the property owner(s) in accordance with the law. Page 1 of 2 City of ORONO RESOLUTION OF THE CITY COUNCIL Rol 2. The City Council of the City of Orono further orders that unless this corrective action is taken or an answer is served upon the City of Orono and filed in the office of the Clerk of District Court of Hennepin County, Minnesota, within twenty (20) days from the date of the service of this order, a motion for summary enforcement of this order will be made at District Court of Hennepin County. 3. That the City Council of th that if the City is compelled to all necessary costs expended by t the real estate concerned and Minnesota Statute, Section 463.22. 4. That the C and directs t officers and e sign and serve Order and to described abo asses ve for h e City of Orono further orders take corrective action herein e Citv will be assessed against collected in accordance with ity Council of the City of Orono hereby authorizes he Mayor, City Clerk, City Attorney, and other mployees of the City to take such action, prepare, such papers as are necessary to comply with this s the cost thereof against the real estate collection along with taxes. Adopted by the City Council of the City of Orono, Minnesota, this 13th day of October, 1986. ATTEST: Dorothy M. Hallin, City Clerk APPROVED: Mary C. Butler, Mayor Page 2 of 2 10286.7 TO: Mayor and City Council l( FROM: Mark Bernhardson, City Administrate w� DATE: October 2, 1986 SUBJECT: Administrator's Information HOWARD HULL REQUEST FOR SEWER SERVICE LIABILITY - The City is currently studying the issue of liability and will probably be discussing with Mr. Hull his submission of notice of claim so that the insurance company can determine whether the City has any liability in this matter. COUNTY 19 SPEED REQUEST - ,,.e petition the City received for a speed survey on County 19 has been submitted to Hennepin County and it is our understanding they will be taking appropriate speed studies of the area during the next month, the completion of the study after Memorial Day 1987. ULRICH PROPERTY/DNR PERMIT - The City of O ono received local government notification of the water allocation permit for the Ulrich property on September 29, 1986. The City through its Attorney will be making a request for hearing and will be working to develop appropriate expert testimony and rational fo denial of the water allocation permit. The other permit required, that of the discharge permit will not be acted upon by the DNR until the hearing on water allocation permit. It is expected however, that some of the City's argument related to the water allocation will be where the water is discharged and the impacts that may have. CRYSTAL —BAY —SEWER —PROJECT - The City conducted its final inspection of the project including Councilmember Tim Adams, Public Works Coordinator John Gerhardson and City Engineers of the final items related to the inspection. The City had notified all the residents via letter of the upcoming inspection and requested that they submit items either prior to that inspection of September 17th or be present for the inspection. The items from the inspection were noted and work is being done to correct them with the contractor. Despite indications to the contrary the contractor has not filed for bankruptcy and fully intends to complete the project. It is anticipated that the project will finish under amended budget. COUNTY ROAD 15 STATUS - The City has received indication within the last week that some of these monies will be allocated for construction of the County 15 project in 1987 and that the balance will be funded in 1988. It is anticipated that was done for budgetary reasons and that the bulk of the construction will not start until 1988. This is better news than had been previously understood, as construction was slated for 1.989. It is anticipated that preliminary work may start as early as 1987. Final plans for the work will be presented to the respective City Council's in the late summer/fall of 1987 for approval. Following that, construction award will be made in late '87. The City through the Chamber of Commerce will be attempting to have the Project Engineer for the job available for people in the Navarre area at the Chamber of Commerce meeting in January. ADMINISTRATOR GOAL SETTING - Attached please find the September update for the goal setting. 1987 FINAL BUDGET DOCUMENT - Attached please find the approved 1987 budget. CHAPMAN - RIPARIAN EASEMENT - In 1979 the City granted a 2 lot subdivision to the Chapman property at 2695 Shadywood Road. The on lake lot was the only property to have riparian access. Subsequently Mr. Chapman granted a 15 foot easement to the property owner of the off lake lot. Subsequent owners are now attempting to make that a permanent easement through an order to show cause. The City Attorney is presently presenting the City's position that the easement is not appropriate. Additionally even if the easement is permitted, establishment of a dock creates problems for Orono, LMCD and the on -lake property owners docking rights. AREA GOAL AREA CO,%T4UNITY DOJEIARAL Tr Highway 12 Corridir Navarre Redevelopment GOAL SE=ING DRAFT 3/28/86 5/30/86 CITY OF OROK) 6/30/86 7/31/86 AM 8/31/86 9/30/86 MARK E. I3LTM1ARDGM CITY A11UN1STRA'IOR 5-1-86 'IV 4-39-87 OLUBLIrIVFS O M StA W Complete Study 6/15/86 7/16/86 Meeting to finalize plan direction 7/16/86 Meeting held - Request Sewer/Alternate site plans from Planner 9/3/86 - Planner presented 4 alternative site plants. Continue review of sewer capacity Develop/Adopt work program 7/30/86 to initiate any changes Complete required 12/31/86 implementation 'Ihntative goals/objectives 11/30/86 Planning Review 1/87 Adopt project direction 3;87 Work on Cty 15 development 7/89 6/16 met with Navarre Reps Decided to have Cty 15/ Redevelopment Info Meeting in September/October 8/31 awaiting Navarre group response 9/30 little interest for Cty 15/ redevelopment discussion is area. 1/87 Chamber meeting to address issues for k.ck off. 9/30 County 15 work begin 1988 C l ARFA GOAL ARE# dBJELVraS OA7W STATUS Environmental Protection Stubbs Bay Needs assessment 5/86 6/39 no progress 8/31 no progress 9/30 needs assessment 55% oompl�te Project Feasibility 8, 6 If Appropriate Project consideration 11/86 Project bid 11/86 Ccamnce Project 4/87 Assess Project 8/87 Complete Project 11/87 Crystal Bay Complete project 7/86 5/30 Construction recommenced 6/25 Construction completed 7/8 Inspection List Prepared 9/17 Final inspection tour held Complete appeals process 12/86 7/3 Appeal Arbitration Begins 7/28 Concluded Proceedings 8/15 Submit Brief 9/8 Received 'Preliminary Award' ORGANIZATIONAL DEVELOPMENT Management Team Goal Setting Copncil Goal Setting Legislative Policy 1987 Work plan/staff 11/86 1986 staff development 18-1V86 Strategic plan review 6-8/86 Policy body orientation 1/87 (New members) Develop 1987 program 19/86 8/31 reviewing 'Excellence in Local Government* for format 10/6 Council Strategic Planning AREA (CAL AREA OBjHCrIVFS DATES 904% SERVICE DELIVERY Business Strategy Planning Police 5/86 5/30 draft underw:y Financial strategy 5/86 5/30 draft underway Golf Course 6/86 5/30 draft urwierway Building and Zoning 7/86 Utilities 8/66 Streets 6186 Facilities Assessment Assessment to Council 4/86 3/86 draft to Council Council direction 6/86 6/30 Continue developing cost, financing and sit, information - Anticipate to Council 9/17 HUMAN RESOURCES Compensation Develop!Adopt 6/86 6/2 received prelim.niry Comparable Worth Comparable Worth results need to refine. Developm:ment of plan delayed to 8!86 8/7 6 8 Attene - -omi., Worth Seminar Commence implementation 6/86 MARKETING Corporate communication City Administrator Report Paper 6/86 5/86 commenced (3 articles published, 7/30 5 articles sutxitted - Cable TV 5/86 4/86 commenced (4 scripts bne thru Aug.) cc: Department Heads LIST OF LICENSES FOR COUNCIL APPROVAL GOT L°19F FOR MEETING O- October 13, 1986 .,9T Y p5'%�oyiUfi No Licenses CITY/OF OR(O/ryI P A Y C� \OCrrr[r / Y-T-D s - - - - EMPL-NO NAME DIV GROSS GROSS EXP/ALLC ADAM.. i 11 2200 00 220.00 BUTLER MC 11 2750.00 275.00 CALLAHAN EJ 11 660.00 220.00 k "r: FRAHM T 11 2200.00 220.00 =1 C cr 6RABEK J 11 2200.00 2" .00 l< KT r COUNT GRAND 1,155.00 PAID 00005 rr TOTAL 00005 TOTAL Ca TOTAL FICA TAX GROSS .00 EMPLOYERS F1, A = GROUP HEALTH B = PHYSICIAN'S HEALTH PLAN C = BLUE CROSS/BLUE SHIELD D = MEDICAL CENTER PLAN E = PRUDENTIAL F = COORD. HEALTH CARE G = "TNNESOTA HMO H = TRANS-AMERICA OCC. I = BANKERS LIFE J e MUTUAL SERVICES K = MUTUAL OF OMAHA L w EMPLOYEE'S BENEFIT M = AETNA N = NICOLLET EITEL 0 = LEAGUE OF CITIES Z R HEALTH CARE MAINT ACCT. MISSING HOSP CODE FOR SOME EMPL'S CITY OF ORONO P A Y R EMPL-NO NAME DIV GROSS GROSS EXP/ALLOW ACKERMANN J 13 96.75 0.00 ANDERSON BL 31 26103.21 1242.86 ANDERSON WF 13 76.00 0.00 BERG VJ 13 68.00 0.00 BERNHARDSO ME 12 35267.46 16" .20 BOBZIEN SA 31 15197.14 895.61 BOSMA JL 12 4671.00 345.00 BRANTINGHA NM 13 68.00 0.00 BRINKHAVS JF 42 24481.57 1191.36 BURMASTER RP 90 475.19 87.91 CARLSON WJ 92 24539.97 1236.23 CARRUTHERS C 13 76.50 0.00 CHESWICK GB 31 26374.05 1322.58 CORNICK JL 31 17466.49 941.07 DESCHLER M 17 68.00 0.00 EHRENBERC DL 90 6874.52 346.15 EISINGER RD 13 68.00 0.00 EKEBERG EJ 13 68.00 0.00 ENGLISH 11 IH 31 19884.61 944.05 ENGSTROM 0 13 71.20 0.00 ERICKSON B 13 70.00 0.00 ERICKSON DJ 93 1719,90 78.40 ERICKSON KR 31 27319.84 1360.67 FINK CJ 90 1674.38 232.75 FRITZLER JM 31 25574.66 1249.24 GAFFRON MP 33 21087.56 1054.88 GASCH MF 13 87.75 1 ;0 GERHARDSON JR 42 30273.58 1514.40 GONYEA UG 13 76.00 0.00 GREGOR" JD 42 21528.42 1007.03 HALLIN DM 12 17491.38 863.15 HANSEN SC 42 18864.88 913.17 MANSING CJ 31 6905.52 309.86 HENNING JP 90 100.00 0.00 HENSEL MM 31 15655.59 849.01 H1GVS PA 90 7411.86 357.11 HILL DE 93 567.OD 84.00 HILLSTROM CA 13 63.00 0.00 HOFFMAN RM 13 68.00 0.00 JACOBS TJ 33 21174.52 1114.96 JOHNSON BP 31 24740.85 1216.12 JOHNSON JM 13 71.20 9.00 JOHNSON MI 13 85.50 0.00 KILBO MH 31 30873.30 1544.40 KIRNYCZUK M 31 25176.54 1249.23 KNUTSON CA 15 14551.82 733.61 KR'UEGER JA 90 2148.75 9.00 KUEHN TM 15 27985.07 1399.92 LANGFORD AM 13 18.00 0.00 LATTIN JC 1S 17174.35 858.32 LAUER DA 11 71.20 0.00 CITY OF ORONO P A Y F Y-T-D 4 - - - - - - EMPL-NO NAME DIV GROSS GROSS EXP/ALL04 MABUSTH JA 33 25642.17 1282.72 MADDEN RM 13 68.00 0.00 MATTSON M 13 68.00 0.00 MCGOWAN LR 90 21030.40 1051.52 MORAN MF 31 3837.57 964.51 MOROWCZYNS J 31 26975.16 1219.14 MROSS FT 61 16422.60 781.60 NAAB TL 12 11441.1E 654.72 NELSON RA 93 91.38 0.00 NICHOLLS E 13 60.00 0.00 OAS DO 93 758.10 33.60 OLSON BJ 13 68.Od 0.00 OMAN LE 33 11627.66 655.20 PEASLEY C 13 77.20 0.00 PETERSON PL 12 9269.78 407.71 PETERSON RW 93 1285.20 149.10 PETRAN JC 33 2688.70 119.00 PLATTETER MR 13 18.00 0.00 OUAST WA 92 19661.43 954,88 RICHARDCOV R 13 68.00 0.00 ROYCRAFT GE 93 0.00 0.00 SASS JJ 42 19371.50 904.16 SIEVERS RC 90 1180.00 0.00 SKREEN DS 42 19107.96 928.56 SLIGO SR 93 2151.60 182.60 SMITH JR 92 18025.80 955.68 ST7FFENHAG RE 93 20214.37 1011.20 STEVENS BG 93 3241.85 155.75 STUBMS L 13 68.00 0.00 THIES BR 90 3807.50 240.00 THOMTON MR 31 15099.41 864.35 TOMCHECW LF 31 10579.82 795.46 TOMr, MW 31 25515.19 1283.10 TURi. K 13 71.20 0.00 COUNT PAID 00054 GRAND 43,965.81 TOTAL 00085 TOTAL TOTAL FICA TAX GROSS a 23,260.16 EMPLOYERS FIC A = GROUP HEALTH B m PHYSICIAN'S HEALTH PLAN C m BLUE ^ROSS/BLUE SHIELD D = MEDICAL CENTER PLAN E = PRUDENTIAL F = COORD. HEALTH CARE 0 = MINNESOlA HMO CITY OF ORONO P A 7 R EMPL-NO Y-T-D F - - - - - - NAME DIV GROSS GROSS EXP/ALLOW ACKERMANN J 13 96.7S 96.75 ANDERSON BL 31 24860.35 1276.62 ANDERSON OF 13 76.00 76.00 'ERG VJ 13 68.00 68.00 dERNHARDSO ME 12 33446.26 1819.20 BOBZIEN SA 31 14301.53 786.60 BOSMA JL 12 4326.00 327.00 BRANTINGHA NM 13 68.00 68.00 BRINKHAUS JF 42 23290.21 1332.09 BURMASTER RP 90 387.26 175.82 CARLSON UJ 92 23303.74 1225.16 CARRUTHERS C 13 76.90 76.50 CHESWICK CB 31 250S1.47 1316.56 CORNICK JL 31 1652S.42 823.43 DESCHLER M 13 68.00 68.00 EHRENBERG DL 90 6528.37 32S.38 EISINGER RD 13 68.DO 68.00 EKEBERG EJ 13 68.00 68.00 ENGLISH II IH 31 18940.S6 935.28 ENGSTROM 0 13 71.20 71.20 ERICKSON 8 13 70.00 70.00 ERICKSON DJ 93 1641.SO 0.00 ERICKSON KR 31 2S959.17 1294.39 FINK CJ 90 1441.63 152.00 FRITZLER JM 31 24325.42 1204.08 GAFFRON MP 33 20032.68 IOS4.88 GASCH MF 13 87.75 87.75 GERHARDSON JR 42 28759.18 1S14.40 GONYEA WG 13 76.00 76.00 GREGORY JD 42 20521.39 1025.92 HALLIN DM 12 16628.23 967.75 HANSEN SC 42 17951.71 9D4.16 HANSING CJ 31 6598.66 255.38 HENNING JP 90 100.00 0.00 HENSEL MM 31 14606.58 833.66 HIGUS PA 90 7054.75 378.97 HILL DE 93 483.00 0.00 HILLSTROM CA 13 68.00 68.00 HOFFMAN RM 13 68.00 68.00 JACOBS TJ 33 20059.56 1114.96 JOHNSON BP 31 23524.73 1204.08 JOHNSON JM 13 71.20 71.20 JOHNSON MI 13 85.50 85.50 KILBO MH 31 29328.90 1544.41 KIRNYCZUK M 31 23927.31 1249.23 KNUTSON CA IS 13818.21 744.52 KRUEGER JA 90 2139.75 121.50 KUEHN TM 15 26585.I5 1399.92 LANGFORD AM 13 18.00 18.00 LATTIN JC 15 16316 03 950.32 LAUER DA 13 71.20 71.20 CITY OF ORONO EMPL-NO NAME COUNT P A Y R Y-T-D . - - - - - - DIV GROSS GROSS EXP/ALLOW MABUSTH JA 33 24359.45 1282.72 MADDEN RM 13 68.00 68.00 MATTSON M 13 68.00 68.00 MCGOWAN LR 90 19978.8E 1051.52 MORAN MF 31 2873.06 1327.27 MOROWCZYNS J 31 25756.02 1204.08 MROSS FT 61 15641.00 781.60 NAAB TL 12 10786.40 759.07 NELSON RA 93 91.38 21.25 NICHOLLS E 13 68.00 68.00 OAS DO 93 724.50 12.60 OLSON BJ 13 68.00 68.00 OMAN LE 33 10972.46 655.20 PEASLEY r 13 77.20 77.20 PETERSON PL 12 8862.07 459.79 PETERSON RW 93 1136.10 134.40 PETRAN JC 33 2569.70 560.00 PLATTETER MR 13 18.00 18.00 OUAST WA 92 18706.55 954.88 RICHARDCOV R 13 68.00 68.00 ROYCRAFT GE '3 0.00 0.00 SASS JJ 42 18467.34 988.93 SIEVERS RC 90 1180.00 0.00 SKREEN DS 42 18179.40 904.16 SLIGO SR 93 1969.00 44.00 SMITH JR 92 17070.12 955.68 STEFFENHAG RE 93 19203.17 1011.20 STEVENS BG 93 3086.10 182.45 STUBBS L 13 68.00 68.00 THIES OR 90 3567.SO 150.00 THOMTON MR 31 14235.06 818.32 TOMCHECK LF 31 9784.36 768.33 TOMCZYK MU 31 24232.09 1219.14 TURNHAM K 13 71.20 71.20 GRAND PAID 00080 TOTAL 00085 TOTAL TOTAL FICA TAX GROSS = A = GROUP HEALTH 4G, 282.76 5 23,S62.68 EMPLOYEES FICA B = PHYSICIAN'S HEALTH PL'N C = BLUE CROSS/BLUE SHIELD D = MEDICAL CENTER PLAN E = PRUDENTIAL F = COORD. HEALTH CARE G = MINNESOTA HMO 1986 CITY OF ORONO CHECK REGISTER 10-13-81 PAGE 1 CHECK N0. DATE 'MOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV R P.0 • MESSAGE ' 226027 10/OB/86 30. 00 APPLE VALLEY AGENCY SONG-NAAB 01-43I - 39-12 1 226027 10/08/86 30.00 APPLE VALLEY AGENCY BOND-NAAB 01-4375-174-33 60. 00 . < 1 286006 10/08/86 6.04 ACRO-MINNESOTA INC OFF SUPPLIES 01-4210-039-12 286006 10,08,85 aIII ACRO-MINMESOTA INC OFF SUPPLIES 01-9210-040-13 E86006 10,08/86 3.71 ACRO-MINNESOTA INC OFF SUPPLIES 01-4E10-O59-14 286006 10/08/86 59.91 ACRO-MINNESOTA INC OFF SUPPLIES 01-4210-065-IS 286006 10/08/86 3.71 ACRO-MINNESOTA INC OFF SUPPLIES 01-4210-129-31 E86006 10,08/86 94.73 ACRO-MINNESOTA INC OFF SUPPLIES 01-6210-179-33 • 286006 10/08/86 3.74 ACRO-MINMESOTA INC OFF SUPPLIES 01-4210-249-42 169.70 A A..... ....CKS 266009 10/08/86 602. 00 ALLIED BLACKTOP CO EQUIP RENTAL 01-4331-249-42 602.00 286010 10/08/86 IT.28 AT&T INFO SYSTEM MMT OFF EQUIP 01-4340-039-12 • 286010 10/08/86 I7.28 AT&T INFO SYSTEM NMI OFF EQUIP 01-4340-059-14 286010 10/08/86 I7.28 AT&T INFO SYSTEM MAT OFF EQUIP 01-4340-069-IS 286010 10/08/86 34-53 AT&T INFO SYSTEM MNT OFF EQUIP 01-4340-129-31 • 286010 10/00/86 17. 28 AT&T INFO SYSTEM MNT OFF EQUIP 01-4340-174-33 286010 10,08/86 17.28 AT&T INFO SYSTEM MNT OFF EQUIP 01-4340-249-42 120.93 • ...... ...-CK5 • 286030 10,08,86 13.50 AT 6 T INFO SYSTEM TELEPHONE I4-4320-590-93 13.SO A • ...... ....CKS 286039 10/0S/86 52.58 EARL F ANDERSON ASSC ST MNT SUP 01-4233-249-42 • 52.59 •..... ....CKS 286067 10/08/86 18.35 6AM BLOOM IRON METAL 61 MNT SUP 01-4213-249-4E 18.]5 ...... ...-CKS • 286085 10/08,86 40.40 BUDGET PETS PRIG & PUSL 01-4322-129-31 &C.&0 A 286100 10/08/86 35.05 CASE POUER & EQUIP EQUIP/PTS/ACCESS 01-.23E-249-4t • 35.05 A Au uA AAA-CKS • 206131 10/08/66 3,877.70 COMMERCIAL BLDG MNT JANITORIAL SERV 01-4349-099-17 r 1986 CITY OF ORONO f CHECK N0. DATE f 286131 10,00/86 286131 10/OB/06 286131 10/O8186 9 286142 10/00/86 286192 10/08/86 T 286192 10/08/86 286142 10/08/86 286142 10/08,86 T 286142 10/08/86 286142 10/08/66 286142 10/00/86 c 286142 10/00/06 286142 10/09/86 286142 10/08/86 T 2861/2 10,08/86 R uuu 286177 10/08,86 E 286202 10,08/86 c C. 286275 10/O6/86 286275 10,08/86 286275 10,08/86 C 286275 10/08/86 286303 10/08/86 p .uu• p 286305 10/08,86 e 286108 10/08/86 CHECK REGISTER AMOUNT VENDOR ITEM DESCRIPTION 387. TO COMMERCIAL SLOG NMI JANITORIAL BEV 3,977.70- COMMERCIAL BLDG MNT JANITORIAL BEV 223. 60 COMMERCIAL BLDG MNT JANITORIAL SERV 611.30 140,75 COPY DUP PR INC OFF SUPP 45,05 COPY DUP PR INC OFF SUPP 6.30 COPY DUP PR INC OFF SUPP 100,63 COPY DUP PR INC OFF SUPP 5.8E COPY DUP PR INC OFF SUPP 4S.05 COPY DUP PR INC OFF SUPP 302. IJ COPY DUP PR INC OFF SUPP 6.06 COPY DUP PR INC OFF SUPP 2.84 COPY DUP PR INC OFF BURP 5.92 COPY DUP PR INC OFF SUPP 13.26 COPY DUP PR INC OFF SUPP 17.S3 COPY DUP PR INC OFF SUPP 691.35 206.70 COLDER PLMBG 6 NTG NMI BLDG/GRDS 206.70 36. 95 ENRICH BARING CO CONC RESALE 36.45 150.09 GROUP HEALTH INC HEALTH INS 301.08 GROUP HEALTH INC HEALTH INS 68. 35 GROUP HEALTH INC HEALTH INS ISO. 99 GROUP HEALTH INC HEALTH INS 670,51 2,318.50 HENN CTY FIN DIV JAIL CHESS 2.318.50 17.48 HENN CTY DEPT TAX PRTG/PURL 17.48 192.62 HENN CTY SHERIFF OPT JAIL CHESS 192.62 10-13-86 PAGE Y ACCOUNT N0. INV 6 P 0 0 MESSAGE 01-4349-099-17 01-4349-099-17 01-4349-129-31 01-4210-031-12 01-4210-039-12 01-4210-059-14 01-4210-069-15 01-4210-189-31 01-6210-174-33 01-4210-174-33 01-4210-249-42 4S-4210-432-00 7I-4210-SIS-90 72-4EIO-599-91 73-4210-569-92 74-9393-590-93 74-48OP-591-94 01-91SI-126-31 01-4I51-129-31 01-4151-174-33 79-9151-590-93 01-4359-090-16 01-4322-040-13 O1-A35B-080-16 o.-CKS ...-CMS •..-CKS 19e6 CITY OF ORONO K CHECK NO DATE e86310 10/08/86 F F ee63J0 1O/oa/06 e86363 10/08/86 286363 10/08/86 286375 10/08,86 •.uv A 20u3B8 10/00/86 • uoH • 286391 10/06/86 e86397 10/08/86 • 286397 10/08/86 286397 10/08/86 • 286606 10/08/86 286604 10/08/86 286404 10/08/86 • • EBfi M11 10/06/e6 AS uuw • E86937 10/08/86 CHECK REGISTER AMOUNT VENDOR ITEM DESCRIPTION 569.79 MILKER IND ELECTRNCS NNT MNS/PLT 569 79 16-13-06 PACT I ACCOUNT NO IRV 9 P 0 6 RES86GE TL-636S-549-91 77.32 ICMR RSTRMMT CORP ICHA 9-8 TO 9-21-86 01-4140-039-12 77,32 . 251.9E TOM JACOBS CONF/SCHOOLS 01-4356-170-33 70.51 TOM JACOBS MILEAGE 01-4361-176-33 322. 93 . 662. 82 H V JOHNSTON CULVERT ST MMT SUP 01-603-419-62 662.82 . 196.03 KIL80-MELVIN CONF/SCHOOLS 01-4356-129-31 146 03 9.84 KNUTSON/CHARLOTTE MILEAGE 01-4381-069-15 9 B. 39. 10 KUEMN-THOMAS MILEGE SEPT 01-4381-061-15 "as KUEMN-THOMAS MILEGE SEPT 72-4381-569-91 12.20 KUEMN-THOMAS MILEGE SEPT 73-4381-569-92 53.16 101.0E THE LAKER PRTC/PURL 01-4322-020-10 20.66 THE LAKER PRTC/PURL 01-6392-060-13 13.62 THE LAKER PRTC/PUBL II-4322-381-00 I35.08 . 372. 00 LANDSCAPE 6 TURF BLDC/GRDS MMT SUP 76-4231-590-93 372.00 . 1,371.32 CITY OF LONE LANE OFFICE RENT 01-831E-129-31 1,371.3E . ...-CKS ...-CKS 1986 CITr OF ORONO CHECK REGISTER 10-13-01 PAGE CHECK N0. DATE AMCJNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV • P 0 • MESSAGE ! 286480 10/08/66 5,753.36 MIDWEST ASPHALT ST MAT SUP 01-4233-249-42 5, T53.36 4 •rrrrr r.r-CNG ! 286.90 10/OB/86 9.62 MINNECASCO UTILITIES 01-4324-129-31 296490 10,08/96 236,33 MIMNEGA800 UTILITIES 12-4324-549-91 286490 10/08,86 8.19 NI NNEGASCO UTILITIES 73-4324-569-92 s 259. 19 . ...... .... CNB ! 266495 10/08/86 7.00 AM BENEFIT ASSN HEALTH INS 01-4151-126-31 T.00 . AF ..rru ...-CAS • 286533 10/68/86 32.79 MOBILE RADIO ENG INC ART MISC EQUIP 72-4342-S49-91 286533 10/08,86 49.19 MOBILE RADIO ENG INC ART MISC EQUIP 73-4342-569-92 01,98 . c ..r... u.-CN6 ! 286515 10/O0/66 35.14 NAVARRE AUTO REPAIR MAT AUTO 72-4341-S49-91 286545 10/08/96 52. 69 NAVARRE AUTO REPAIR NMI AUTO 73-4361-569-92 286S45 10/08/86 43. 89 NAVARRE AUTO REPAIR MMT AUTO 74-4361-590-93 • 131. 72 . ....rr ...-Cgs • 286552 10/O6/86 10.59 TEXI NMB MILEAGE 01-4381-174-33 0 .59 O • 286559 10/08/86 277.QT ASP UTILITIES 01-4324-099-17 286559 10/08/86 203.37 ASP UTILITIES 01-4324-IRI-31 286559 10/08/66 215. 33 ASP UTILITIES 01-4326-249-42 • 286559 10/08/86 9.28 ASP UTILITIES 01-4324-290-61 286559 10/O8/86 889.50 NSP ST LITES 01-4325-249-42 286559 10/08/66 1,I70.42 NSP UTILITIES 7E-6324-S99-91 • 286559 10/O8/86 681.67- REP UTILITIES 73-4324-569-91 286559 10/06/86 681.67 NSP UTILITIES 73-4324-569-91 286559 10/08/86 681.67 MEN, UTILITIES 73-4326-569-98 _ 286559 10,08/86 49. 08 NSP UTILITIES 74-4324-590-93 3.503. 72 ...... ...-CBS 286561 10/06/66 13.00 NORTHERN MESSENGER POSTAGE 01-4321-129-31 • 13.00 . e ...... ...-CPIs 286566 f0/OB/86 51.20 MORTNOEITERN BELL TELEPMOIIE 01-4320-039-12 e 1986 CITY OF ORONO CHECK NO. DATE 2B656B 10/08/66 286S66 10/08/86 286568 10,08/86 286568 10/08/86 286568 10/08/66 26656B 10/08/86 266568 10/06/86 266568 10/09/66 286568 10/OB/86 286568 10/09/86 2B658S 10/98/86 286597 10,08/86 286597 10/08/66 286597 t0/08/86 266597 10/06/86 286597 10/08/86 286597 10/08/86 286B97 10/08/66 286597 10/08,06 286597 10/08/86 286S97 10/08/86 28659T 10/08,86 286597 10/00/86 286597 10/06/86 286597 10,08,86 286597 10/08,86 286597 10/08,86 286621 10/08/86 286621 10/08/96 286621 10/08/86 266621 10/08/86 286621 10/08/86 286621 10/08/86 286621 10/09/86 286621 10/08/86 286621 10/08/86 286621 10/08/86 286621 1*/68/86 286621 10/08/06 286621 10/08/86 CHECK REGISTER 10-13-06 PA" S AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. IMV S P.0 0 MESSAGE 51.20 NORTHWESTERN BELL TELEPHONE 01-4329-059-14 25.62 NORTHWESTERN BELL TELEPHC" 01-4320-069 1{ 51.20 NORTHWESTERN BELL TELEPN 01-4320-IT4-33 60. 36 NORTHWESTERN BELL TELEPN 91-.320-ITS-36 52.03 NORTHWESTERN BELL TELEPW 01-1329-249-12 SB.08 NORTHWESTERN BELL TELEPWML 79-43l• 541-91 07.10 NORTHWESTERN BELL TELEPHONE 73-46 -569-92 11.98 NORTHUESTERN SELL TELEPHONE 74-4120-590-93 100. 00 NORTHWESTERN BELL TELEPHONE 71-4390-SSO-93 110.25 NORTHWESTERN BELL ADVERTISING 74-4323-590-93 659.62 u.-CNS 1.594. OS ORONO INDEP SCHOOL JOINT NEC FROG 01-43ST-990-61 1,S9..05 ...-Clt1 63.4S PUBLIC IMP. RET ASSN PERA 9/6 TO 9/21,56 01-0141-031-1t 46 27 PUBLIC EMPL RET ASSN ADAM 910 TO 9/21/86 01-9141-080-13 3.67 PUBLIC EMPL RET ASSN RUA 9/8 TO 1/21186 01-6111-K9-14 108.15 PUBLIC EMPL RET ASSN PERA 9/0 TO 9/EI/86 01-4191-069-IS 19.00 PUBLIC EMPL RET ASSN PENA 9/6 TO 9/21/B6 01-4141-99 -11 11241,00 PUBLIC EMPL RET ASSN PENA 9/8 TO 9/21/86 OFJ161-111-31 14.28 PUBLIC EMPL MET ASSN PENA 9/8 TO 9/21/66 01-4141-IIS-31 348.15 PUBLIC EMPL RET ASSN PENA 919 TO 9121/86 01-6191-1t1-31 455.52 PUBLIC EMPL RET ASSN PERM 9/0 TO 9/21/86 01-4141-186-31 206. 28 PUBLIC EMPL RET ASSN PERA 918 TO 9/21/66 01-4141-174-33 197.96 PUBLIC EMPL RET ASSN PENA 918 TO 9/21/96 01-4141-249-42 53.06 PUBLIC EMPL NET ASSN REBA 9/6 TO 9121/06 01-1101-296-61 1/0,34 PURL IC EMPL MET ASSN PERA 9/0 TO 9/21/86 71-6141-SIS-99 100. 79 PUBLIC EMPL RET ASSN PENA 9/0 TO 9/21/86 T2-9141-519-91 131,82 PUBLIC EMPL RET ASSN PENA 9/8 TO 9/21/06 73-4141-569-SE 48,13 PUBLIC EMPL RET ASSN PENA 9/8 TO 9/21166 74-4141-596-93 3.2UT.BT . u.-CN6 99.S7 PHYBICIANS HEALTH HEALTH INS 01-2301-009-01 S33.64 PHYSICIANS MERLIN HEALTH INS 01-78Tt-000-06 552.54 PHYSICIANS MEALTW WEALTH INS 01-9151-039-It 250.56 PHYSICIANS HEALTH HEALTH INS 01-0151-069-15 99.57 PHYSICIANS HEALTH HEALTH INS 01-0151-121-31 249.66 PHYSICIANS HEALTH HEALTH INS 01-6151-196-31 1,102.38 PHYSICIANS WEALTH HEALTH INS 01-6151-I21-31 250.56 PHYSICIANS HEALTH HEALTH INS 01-9151-174-33 603.96 PHYSICIANS HEALTH MERLIN INS 01-/151-219-12 150.99 PHYSICIANS HEALTH HEALTH INS 01- "-""I 401.55 PHYSICIANS HEALTH HEALTH INS TO- 5I5-99 100.22 PHYSICIANS HEALTH HEALTH In Yt-. - i69-91 150.34 PHYSICIANS HEALTH HEALTH INS T3-9151-SN-92 .,5.5.54 . RM-(•6 ...0 .... ,._ InL:N 61GI.1ER 9-.3 06 PAI. G CHECK NO DATE AMOUNT VENOOR ITEM DESCRIP A --.. .I S0. INV 0 P.O. 0 NESfRG: • 286625 10,08/86 51.90 PHYSICIANS DESK REG ROOKS/PERIOICLS 01-4240-1t9-ll 51.90 2B66EG 10,00/66 I,.L3.RS POPMM MAIN G ASSOC RETAINER 01-.301-060-16 286628 10/00/66 .. 096. SS POPCORN HAIK S ASSOC COUNT APPEAR 01-4302-000-16 e66626 10,08,66 31397,34 POPHM NA IN S ASSOC CONSULT 01-4393-0110-16 • 286628 10/08,06 lee. 00 PGPHIM MAIR S ASf01 CONSULT 01-4343-111-31 286628 10/08/86 184.90 PORMM MIN S AS" CONSULT 01-4303-174-33 286628 10/08/86 e88.00 PORIMIO M1IR G ASSOC CONSULT 01-4393-R49-42 P 286628 10/09,86 30.00 POPHM IMIR i ASSOC HINAY 12 01-0307 '99-1`2 286625 .0/00/86 R IT3.16 ►OPHM MIX S ASSOG COX"T 01-430: -44-71 286628 16/08/86 ee0.e0 ►OPHM RAIN i ASSOC CONSULT 41-4303-407-00 186628 10/O811, 10.408.10 POPMM RAIN S ASSOC CONSULT 45-4303-432-00 ee.392. 30 .....• o•-CRs 286638 11 1/e6 50 00 PRAIRIE OFFSET IC/PURL 01-.32E-0.0-13 a SO 00 ...... .. tKs E86662 :0/O8/66 234 65 REED CANDY i TOBACCO GONG REGALE 14-4S0e-591-94 234 65 286690 10. +8/66 89 SHOREVOOD OIL MAWR MMT BLDG/GRCS 01-4343-099-17 F 90 286+91 10/08,86 300 )0 SATELLITE IMD INC I 'I3P RENTAL 01-4331 E90-61 286691 10/08/86 50. 00 SATELLITE IND INC EQUIP RENTAL 74-4331-599-93 150 00 B • •u.o .1 MCYR 286i12 10/08/86 81329 20 0 O.E.R.S.S SET DIV ST COMSTR e3-.53E-352-66 8,3E9.20 � wuu ••-CRf 266724 IC/00/86 1,619 40 ST TREA-ST UK `NSP URCHGES-3N0 OR 01-2002-t00-00 1.619..0 •....• .... CK6 s 206740 1/86 36 50 DON STRETCHER GUNS EOVIP/PT6/eCCE 55 -fE32-129-31 28eTYG 1 ^0/66 3 DON STRETCHER GUNS TFNG Sul 0 -:N I-129-31 � 361 81 50 50 •••••• • .-CR6 286750 10,08/86 903.50 SR COMMUNITY SERVICE .TH OTS SR SERV 01-4365-100.21 L 1986 CITY OF ORONO CHECK REGISTER r CHECK NO TE AMOUNT VENDOR ITEM DESCRIPTION 983.SO • 286779 10/08/86 2,926.,! TRACY OIL CO GASOLINE 266779 10/031/a'. 154.0o TRACT OIL CO FUEL:./LURES 3.080.04 c 286781 10/08/86 264.55 TONKA EQUIP CO EQUIP/P75/0rCES 264.S5 • L ( :::::7* 10/08/96 506 VESSCO INC MNT MNS/PLT 506.._s • 286821 10/Gs!a1t_ 130.20 CHEVRC- EQUIP/PTS/ACCESS f 285821 10/08,6i 3.14 VILLAGE CHEVR( EQUIP/PTS/ACCESS 2NF821 10."08/86 TO VILLAGE CHEVR' EQUIP/PTS/AfCES, • O 296.141 10/08/86 136.50 DATER PRO CO c 286841 10/08/86 83.15 YA'rp r co 12kwfl Pt9.i5 • 0i • ::::75 10/08/86 12.09 WRIGHT NCNN ELECTRIC 12.09 • E86900 10/08/86 55.00 A i T UPh -STER) CO PINT AUY.. • 55.00 • 266901 10/08/86 31.98 BUREAU OF BUS PROC BOOKS/PERIOD'-CLS 31.98 . 2 6902 10/08/66 50.00 ANN CARBON CARSON 01066 50.00 • P.6., o3 10/08/86 906.00 DOCK 8 LIFT NNT BLDG/GRDS <: 906.00 • 28690w 10/08/86 1,37S.00 RONMT DANL.KE TREE AEMOV 4L fC 1,3T5.00 • 286905 10/08/80� 32.00 QICKSON SAim CONC RES' ' 1 31.00 • • 10-13-b'6 PAGE T ACCOUNT NO. INV 4 P 0. 9 MESSAGE •••-CKS 6.-1260-000-40 74-4220-59 i} - : 5 72- 232-549 -O 7E-4345-549-91 01-4'32-249-42 7:- -42 i'-549-9' 73-4232-569-9r 01 -4233-249-4? 41-4045-400-0 0;-4324-249-42 01-4341-12l-31 ol-•240-1:9-31 .-000-00 3' -4343 -D90-61 01-4390-249-42 14-4!"9t-S91-94 •-•-CKS --cv,, ••- 5 -CKS 1986 CITY OF ORONO CHECK NO. DATE 286906 10/08,-16 2£6907 10/08/86 286908 10/08/86 286909 10/C3/86 26691C 10/08/86 286911 10/08,86 286911 10/08/86 286912 :0/n8/86 -�6913 10/08/86 28691 10/08/06 •••••• 2869SO 10/08/86 HC7669 10/08/86 HC71370 10/06/86 HC7S70 1 C. 08/86 HC7S70 10/06/86 HC7870 10/08/86 HC7S70 10/08/86 HC7870 10/08/86 HC7870 10/08/86 HC7370 10/08/86 MC7870 10/08/86 HC7670 10/08/86 hC7870 10/08/86 KC767C 10/08/86 HC7870 10/06/86 I.C7870 1 0/OC, 86 hC7870 10/08/86 HC7870 10/08/86 AMOUNT 50 LO SO 00 • 89.13 69.13 18.99 1S.9" 27 25 2'.25 140.01 140.OL 30.10 3.69 33.79 • 936 70 936 70 • 291.85 291.85 • 57.07 57.47 • 150.00 150.00 • 41:l;.L: 425.00 a 23 .80 26.87 46.54 6.17 181.93 31 96 30.68 74.48 8.12 347. t,4 333 4 4.75 79.60 126.58 CHECK REGISTER VENDOR ITEM CESI'RIPTION DENNIS KUMLIN Kt,^-ING1047 MACOUEEN EQUIP MNT AV 1 EQUIP CLARK/BRIAN TEMP EMP NO STAR INTL EQUIP/PTS/ACCESS LL. MARKETING '.F '-UPPLIES STEVEN PEARSON TE -MP STEVEN PEARSON MILZ-ASL ST-lVEN WELL MNT MNS/PLT STAN.ARD SPRING EQUIP/PS/AI.CES UPPER MIDWEST EQUIP/ITS/ACCESC TYREE ASSOCIATES INC SEMINA', fJ/JAM 1'-:3-86 "AGE $ A''COUNT NO. !NV f P 0 A MESSAGE 01-2300-000-0 �1-434'-'-'9-42 4120-129-31 0 --249-42 21-4.,0 040-13 01-4120-129-31 01-4381-129-31 72-4345-549-91 01-4232-249-42 01-4232-129- 01-4356-174-33 •.•-cKS 8 GARCIA RFD SAC 13-4531-3V: 80 MrYUA&. DOER SS RET FICA 9-8 TD 9-21-86 01-414C-039-12 MANUAL DOER SS RET DV MDCR 9-8 TO 9-P1-86 �1-414c-040-13 MANUAL DOER SS RET DV FICA 9-8 TC 9- --4F 01-4142-040-13 MANUAL Df:ER SS RET DV FICA 9-8 TO 01-4142-059-14 MA14UAL DOER 4S RET DV CTLA 9-8 TC Z1 11-4142-069-IS MANUAL DOER 1iS RE - DV : I -A 9-Fi TO � 21 01-4142-099-1 7 b. NUAL DOER SS RET MDCR 9-11 TO 'I-El-i 1 01-"4142-111-31 MANUAL DOER SS RET DV FI'-A 9-F TO 9-21-86 01-4142-115-31 MANUAL DOER SS RET DV MDCR 9-8 TO 9-21-86 01-4142-174-33 MANUAL DOER ES RET DV FICA 9-8 TO 9-21-86 01-4142-174-33 MANUAL DOER SS RET DV FICA 9-8 TO 9-21-86 01-4142-249-42 MANUAL DOER SS RET LV FICA 9-8 TO 9-21-86 01-4142-290-61 MANUAL DOER SS RET DV FICA 9-9 TO 9-21-86 71-414,�--515-90 MANUAL DOER SS RET DV MDCR 9-8 TO 9-21-86 71-4142-515-90 MANUAL DOER SS RET DV FICA 9-8 TO 9-=: 46 f2-4142-549-91 MANUAL DOER F" 'POET DV FICA 9-8 TO 9-21-86 73-4142-569-92 •!ANUAL 1986 Cl.. OF ORONO CHECK NO DATE MC7870 10/08/86 HC F870 10/08/86 HC7872 10/08/86 HC7871 10/08/86 HC7874 •a•s•♦ 10/08/86 AMOUNT S 73 80.96 1,760 84 • 77.32 77.32 • ?S 40 28 40 192 21 192.21 • 47,254.20 13.62 425.00 8,329.20 363.35 10,410.94 823.S1 4,116.94 1,322.01 1,707.31 74,766.08 CHECK REGISTER VENDOR ITEM DESCRIPTION DOER SS RET DV MDCR 9 8 TO 9-21-86 DOER SS RET DV FICA 9-8 TO 9-21-86 ICMA RTMNT ED PH:LLIPS EA;LE DIST CO FUND 0 TOTAL FUND 11 TOTAL FUND 13 TOTAL FUND 23 TOTAL FUND 41 TOTAL FUND 4S TOTAL FUND 71 TOTAL FUND 72 TOTAL FUND 73 TOTAL FUND 74 TOTAL TOTAL ICMA 8-2S TO 9-7-86 SEP'i WINE PURCH SEPT LIQ PURCH 10-13-86 PACE 9 ACCOUNT NO. INV • P.0 • MESSAGE 7-�-4142-S9^-93 MANUAL 74-4142-S90-93 MANUAL •••-CKS 01-4141,-039-12 MANUAL 71-48IE-514-95 MANUAL 71-4810-514-9S MANUAL •••-CKS, GENERAL vUND FED REVENUE SHARING FUND COMM DEVEL BLOCK i-RANT F MUNIC STATE AID CONS FUN PERM IMPROVE REVOLVING F 1985 SPEC ASSESSMENT FUN LIQUOR OPERATING FUND WATER OPERATING FUND SEWER OPERATING FUND GOLF COURSE OPEFiATIN' 1-8S CITY OF ORONC CHECK NO DATE HC78S8 09/30/86 HC78S9 09/30/86 HC7859 09/30/86 HC7659 09/30/86 HC78S9 09/30/86 HC78S9 09/30/86 HC78S9 09 30/86 HC7859 09/30/86 HC78S9 09/30/86 HC7859 09/30/86 HC7859 09/30/86 NC7860 09/30/86 HC7860 09/30/86 •••••• HC7862 09/30/86 HC7862 09/30/86 HC7863 09/30/86 HC7864 09/30/E6 HC7865 09/30/86 HC786S 09/30/86 HC7866 09/30/86 HC7866 C9/30/86 HC7866 09/30/66 HC7866 09/30/8! HC7867 09/30/86 HC7867 09/30/96 HC7867 09/30/66 HC7867 09/30/86 HC7868 09/30/86 HL7868 09/30/86 k E L CHECK REGISTER AMOUNT VENDOR ITEM DESCRIP'ION SS.00 AME.RICANA HOTEL CONF/SCHOOLS 55.00 • 63.18 POSTMASTER POSTAGE 33.64 POSTMASTER POSTAGE 18.49 POSTMASTER POSTAGE 102.79 POSTMASTER POSTAGE 12.72 POSTMASTER POSTAGE 302.03 POSTMASTER c^STAGE 13.68 POSTMASTER -STAGE 138 59 POSTMASTER POSTAGE 164.18 POSTMASTER POSTAGE .70 POSTMASTER POSTAGE 850.00 • 77.32 ICMA RETRMNT CORP ICMA 7/28-8/10/86 77.32 ICMA RETRMNT CORP ICMA 8/11-8/24/86 ;54.64 • 2 S0 HENN CTY TREAS LICENSE 2.50 HENN CT( TREAS LICENSE 5.00 • 161.00 POSTMASTER POSTAGE 161.00 • 9 00 METRO AREA MGRS CONF/SCHOOLS 9.00 • 429.10 ED PHILLIPS Li0 PURCH 8.58- ED PHILLIPS LIO DISC 420.52 • i56.00- EAGLE DIST LTG PORCH 156.00 EAGLE GIST LIG PURCH 156.00 EAGLE DIST LTG PURCH 3 09- EAGLE DIST LIG DIS 152 1 • 524.88 EAGLE DIST LIG PURCH 12.46- EAGLE DIST LIQ DISC 26.20 EAGLE DIST WINE PURCH .S2- EAGLE DIST WINE DISC 538.10 • 128.40 QUALITY WINE WINE PURCH 1.26- QUALITY WINE WINE DISC 127.14 • 931.17 FUND 01 TOTAL GENE A'- FUND 1,238.67 FUND 71 TOTAL LIQU,". IR ERATING FUND 138.59 FUND 72 TOTAL WATER ' ERATING FUND 09-30-86 PAGE 1 ACCOUNT NO INV I P 0 • MESSAGE 01-4356-129-31 MANUAL 01-4321-039-12 MANUAL 01-4321-040-13 MANUAL 01-47t21-OS9-14 MANUAL 01-4321-069-IS MANUAL 01-4321-129-31 MANUAL 01-0321-174-33 MANUAL '1-4321-249-42 MANUAL i[--4321-549-91 MANUAL 73-4321-569-92 MANUAL 74-4321-590-93 MANUAL 01-4140-039-12 MANUAI_ 01-4140-039-12 MANUAL •••-CK5 01-4383-039-12 MANUAL 01-4383-174-33 MANUAL 01 -4321 -040- 1 3 MA`+UAL 01-4356-039-1 2 MANt.;A'- 7!-4810-514-9S MANUAL 71-4811-514-" MANUAL 71-4210-514-95 MANUAL 71-4210-514-95 MANUAL 71-4810-Si4-9S MANUAL 71-48;1-514-95 MANUAL 71-4810-514-95 MANUAL 71-4811-514-95 MANUAL 71-4812-514-95 MANUAL 71-4813-514-95 MANUAL 71-4812-514-95 MANUAL 71-4813-514-95 MANUAL •••-cxs a 1986 CITY OF ORONO CHECK RE�'ISTER CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION 164.18 FUND 73 TOTAL SEWER OPERATING FUND .70 FUND 74 TOTAL GOLF COURSE OPERATING FC 2,473.31 TOTAL 09-30-86 PACE 2 ACCOUNT NO INV. • P.O. • MESSAGE PUBLIC ATTENDANCE CITY OF ORONO C C1 Ll MEETING DATE /0 PLEASE F1LL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) a. Ili. 4 . 6. / 7 ,or. X l N Ai, 9. 0. Zn-Forma+ion ab COu.n Lt I n 4 &&*4A m C- UCT 13 I", V OF 0 SG MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 15, 1.986 ATTENDANCE 7:30 P.M. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley, Taylor, Goetten, McDonald, and Hanson. Bellows arrived at 7:45 P.M. Rovegno was absent. The following represented the City staff: Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, and City Recorder Peterson. Councilmember Grabek was also present. #1076 WARD KRUEGER 205 & 215 HOLLANDER ROAD SUBDIVISION OF A LOT LINE REARRANGEMENT PUBLIC HEARING 7:30-7:34 The Affidavit of Publication and Certificate of Mailing was noted. Ward Krueger was not present for this matter. Asst. Zoning Administrator Gaffron explained the request to rearrange existing lot lines 1. cr ate lots which are more useable given the topography of the site. He noted that Tracts 1 and 3 will still have tes -ed primary and alternate drainfield sites within their boundaries, but Tract 2 loses most of its previously tested area recommending that additional testing of Tract 2 be required before the proposal is brought to the Council. Staff also recommends that all three lots meet the 2- acre arf - standard. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by McDonald, to recommend approval subject to staff re- emendation: 1) Moving the wes�_ line of Tract 2 e; _erly so that Tract 1 will meet the 2.0 acre area standard. 2) '-.ptic testing for tract 2 be submitted and approved prior to Council review. Motion, Ayes 5, Nays 0. (Bellows not present to vote) #1077 INGEBORG CICI 875 WAYZATA BOULEVARD VARIANCE PUBLIC HEF. 7NG 7:54-7:56 The Affidavit of Publication and Certificate of Mailing was noted. Mrs. Ingeborg Cici and Christine Cici were present, as was applicant's realtor, Mary Weinzierl. 1 MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 15, 1986 #1077 CICI CONTINUED Zoning Administrator Mabusth explained that prior to making a fomal recommendation for Application #1062, Mrs. Cici'3 conditional use permit/commercial site plan for a day care center, Planning Commission must first act on approval of a va -iance to the temporary moratorium ordinance involving the Highway 12 Study Area. Zoning Administrator Mabusth noted that since the last review, the access has been reviewed and approved recommending a shared access along the mutual lot lines of cemetary and proposed nursery school property. The State Highway Department will require a left turn lane. She noted that Chief Kilbo, an independent review of the access issue, noted concern with the access and recommends moving the nursey school access as far east as possible. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Taylor, seconded by Be]lows, to recon:T^nd approval of the variance application to the limit. development Ordinance 13, Second Series. Motion, Ayes 6, Nays 0. Zoning Administrator Mabusth stated that Application #1062 was not complete at this time for review. Planning Commission wished to -�.ve applicant some direction and their feelings rega. _ng this applicaiton. Chairman Kelley stated that he recommended doub ing the length of the left turn lane than of an averaqe turn lane to accommodate the traffic. Goetten stated that she had concerns with speed of oncoming traffic allowing a safe left turn. Zoning Administrator Mabusth stated that the final plan should come from the State Highway Dept. including the improvements. She noted to the Planning Commission and applicant, that the State Highway Dept. and the City of Wayzata have indicated that they will not pay for this project, the cost will be passed on to the applicant. Bellows noted that she is in favor of this day care facility, however, she feels that this is an extremely dangerous location and bayed on the above noted cost factor, she recommends the applicant consider alternative sites. MINUTES OF THE PLANNI SION MEETING HELD SEPTEMBER 15, 1986 #1077 CICI CONTINUED Mrs. Cici :;:.ated that they have .perated in that area for 8 years =.nd feels there is no : roblem turning onto Highway 12 dnd has had no accidents in ,hat period of time. #1065 LARRY MARTINEAU 4360 CHIPPEWA LANE VARIANCE P718LIC HE1.RING 7:35-7:40 The Affidavit of Publication and Certificate of Mailinj was noted. Larry and Jean Martineau were present for this matter. Assistant Zoning Administrator Gaffi.on explained the request to construct a basement kitchenette that will effectively create a mother-in-law apartment. Access is gained through the main house stairway and walkout level doors, as well as an indirect access to garage. He stated that the intent is for applicant's mother to move in with them in the future. He noted that no comments have been received from the neighbors regarding this application. He also noted that this is a "conditional variance" which expires a' such time that the applicant no longer owns the property. No one was present from the public regarding this matter and the public hearing was cinsed. It was moved by Goetten, seconded by Taylor, to recommend approval of the conditional variance subject to staff's findings and conditions as stated in memo dated 9/12/86. Motion, Ayes 5, Nays 0. Bellows not present to vote. #�066 ANN L. CARSON 1317 NORTH ARM DRIVE VARIANCE - PUBLIC HEARING 7:43-7:54 The Affidavit of Publication and Certificate of Mailing was noted. Assistan'- Zoning Administrator Gaffron stated the the applicant, is on vacation and requested that the -inning Commission consider the application withc them presence. He noted th-` applicant indicated they would be willing Lo remov reas plastic to reduce the hardcover if necessary. He explained the reg4es`. C construct a room addit.iona continuing the existing 7.7 foot setback along the south side. As noted in his memo, after construction, remaining rock w/plastic is approximately equivalent in area to net increase in structural hardcover. 3 MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 15, 1986 #1066 CARSON CONTINUED Eileen M. Oleen, 1305 North Arm Drive, was present for this matter. Assistant Zoning Administrator Gaffron explained that Ms. Oleen is concerned about the run-off from the existing garage onto her property. Ms. Oleen noted that applicant's property is almost twice as high as hers and she receives all the run-off from their property and is opposed to any addition. hardcover _.!ing allowed creating more run-off onto her property. Chairman Kelley and Goet- 1 recommended draintile or another alternative to cor; t the drainage proh?em. Planning Commiss4on unanimously agreed that the 7.7' setback variance v. uld be no problem with no _uditionas hardcover. 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 recommend approval of the side tback variance c` 7.7' subject to: 1) Applicant work with staff to correct drainage problem. 2) Remove plastic allow'ri no additional hardcover Motion, Ayes 6, h vs 6. #1067 HERBERT T. OLSON 3640 BAYSIDE ROAD VARIA 9 PUBLIL HEARING 8:07-8:12 The Affidavit of Publication and certificate of Mailing was noted. hsslst,int Zoning Administrator Gaffror explained }ie request for a 19.9' side setback variance to construct a kitchen addi.tioLi noting topography problems as well as the drainage and well location as hardship factors in the loceion of the proposer' addition. J-_..ie Olson was prc --nt foi this matter and stated that Cje 1-o the dinin, oom location, and th s bek.r-i a kitchen addition, t,., loca -ion i , r4- practical withov` 1iaving co do extensive inter-c .. remodel Jing. li, addition, they w. u l d like to take advantage of the lake •iew. 4 MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 15, 1986 #1067 OLSON CONTINUED Assistant Zoning Administrator Gaffron noted that the most affected property owner, John & Magdalen Pidgeon who reside in Bloomington, were sent a notice of this requ t and have voiced no o:jjections. No or was present from the public regarling this matter and t.; public hearing was closed. It was moved by Taylor, secc.nc b•i Goetteri, to recommend approval noting staf f's r,--,..omi,ieridr 9 findings. Motion,, Ayes 6, Nays 0. #1068 DR. GLEN NELSON 500 TONKANA ROAD VARIANCE PUBLIC HEARING 8:15-8:26 The Affidavit of Publication and Cert_il4cate of Mailing was noted. Assistant Zoning Administrator G- on explained the request to allow a guwgt apartment ti : i hin the ; rincipal structure. It wasI- noted that the proposed additions meet all setback requ4rements. The northwesterly wing a :tics is to contain kitchen/bath/living room,'bedroom c �rinected t; house only through garage, has its own separate outside entrance - proposed oniy xr.�r cjia- t apartment use and "staging" area for catered afiairs �nresenting the applicant, was their azchi` ect 4�ai^ if = nger. he showed the P l.anr.c ng Comm i.atsz. a sca r<<.,d o th- proposed addi-ions. He r.-�z.ed that the ap..i tment wi 11 be used for guests, moth- -i.n-law, and possible live-in employeeFi. The purpise of the r.dditions are to provide m�r.e square f age for er. fining. A, ctt.rn,- Zoning Administra emir Gaffron rioted that there use no hardcover or area problems. He also -toted that they var ce M• -ld � - filed i►r the chain of title and tooulc. _ . bE transferrable ' o a d - . ent owner. No cne was present from the p�...... , c regardi ny t i, , matter ar _: the puhli 'searing w.-is closed. It. was moved by Goctten, secon d by r-1lows, tc -commend apprr •val �--r staff. s reco ....ende :onditions. r -)ti:;n, Ayes 6, Nays 0. MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 15, 1986 #1069 JIM WILLIA14S 2725 ETHEL AVENUE VARIANCE PUBLIC HEARING 8:28-8:40 The Affidavit of Publication and Certificate of Mailing was noted. Jim Williams was present for this matter. Assistant Zoning Administrator Gaffron explained the requests as follows: 1) Side setback variance to add a second story to a_,:plicants existing house which is 4.2' from the side lot line, noting that applicant's house is generally down hill from the affected residence to the north which is 43' from the lot line, creating little impact on the affected neighbor (affected neighbor has not commented on the proposal). 2) All,)w 38.9% hardcover (wher, normally 30% is allowed) variance to construct a 6 x14' front deck & stairs and obtain a building permit for the new garage under construction. Applicant has agreed to reduce his driveway hardcover to a width of 10' in order to meet the 30% standard, however, he feels that reducing the width would cause some problems with access to th- garage. Staff agrees that the extra width would . preferable. Bellows stated that a bad access situation war created with the garage location and feels that staff should have not allowed applicant to bring this problem on himself before approval of the building permit. Mr. Williams stated that he intends to back out- f the garage and driveway onto the road, with no tur..:ir - und, as he has always crone in the past. Assistant Zoning Administrator Gaffron noted that Pchel Avenue is not a high traffic road. Taylor questioned if consideration in the amount of hardcover be given in that there are four lots between the lake and applicants property. Assistant Zoning Administrator Gaffron noted that drainage from this property is generally away from the nearest lakeshore. Goetten stated that if reducing the hardcover to 30% would not allow applicant to reasonably access the garage, she would favor granting a hardcover variance of 36.4% (same percentage of hardcover existing prior to construction of the garage). MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 15, 1986 #1069 UILLIA14S CONTINUED 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 of the hardcover variance of 36.4% and side setback variance for second story addition based on the following findings: 1) Existing hardcover prior to garage construction was 36.4%. 2) Additional hardcover necessary for sufficient maneuvering of cars on the lot. 3) Second story creating no enfring:•ment upon adjacent property and no objection from adjacent property owner. Motion, Ayes 6, Nays 0. #1070 RICHARD RINEHr.RT 985 OLD LONG LAKE ROAD VARIANCE PUBLIC HEARING 8:42-8:52 The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron explained the request for a side setback variance to construct a 24x24 attached masonry garage. Side setback proposed at 0-2' where 30' is normally required. Applicant has already commenced construction of the slab claiming he was unawaie of the need for a building permit. He further explained that the survey shows the lot line extremely close to the rear of the existing slab. Hanson stated that he did not feel that Planning Commission could act on this application until a more detailed survev is submitted. Bellows stated that she has very negative feelings toward doing work without permits and stated that she feels there are alternative sites for the garage baled on the fact that applicant will no longer be using the existing tuck -under garage as a garage. Richard Rinehart was present for this matter and stated that they have looked at alternative sites and found no better location. Assistant Zoning Administrator Gaffron stated that additional fill would be required to re -locate the garage. Mr. Rinehart noted the septic and drainfield sites that affect alternative locations. 7 MINUTES Ue THE PLANNING COMMISSION MEETING hELD SEPTEMBER 15, 1986 #1070 RINEHART CONTINUED 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 table this matter pending an accurate survey. Motion, Ayes 6, Nays 0. COLIN KELLY & LONA JANE SHAUGHNESSY 95 SOUTH BROWN 20AD VARIANCES PUBLIC HEARING 8:55-9:02 `rhe Affidavit of Publication and Certificate of Mailing was noted. Colin Kelly Shaughnessy and Lester Kelley (developer of the property) were present for this matter. Assistant Zoning Administrator Gaffron explained the request for front and rear setback variances to construct a residence on a long narrow lot created as part of Kelley Green in 1978. He noted that the topography limits the buildable area. Mr. Shaughnessy stated that that adjacent neighbor directly south, Heinz Otto, has no objection and prefers the house configuration as proposed because it actually provides him more privacy than if the house was constructed parallel with the roadway. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Taylor, seconded by Goetten, to recommend approval subject to staff recommendation. Motion, Ayes 6, Nays 0. #1072 FRED WINSTON 755 SPRING HILL ROAD VARIANCE PUBLIC HEARING 9:04-9:08 The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron explained the request for a lot -line setback variance to construct an addition to the existing horse barn noting that the nearest off -site residence is 500' to the east (owned by Wildman) and to the north (owned by Partridge). E*taff has received no comments from either owner to date. 8 M1NU"i'c.6 U1' `1t.L PLANNING CUMiSSIUIN ME i T_t WG ih-A) SLi TEMBER 15, 1966 #1072 WINSTON CONTINUED Eleanor Winston was present for this matter and submitted a letter of non -objection from the most affected property owner Donald Wildman of 745 Spring Hill Road, which Chairman Kelley read into the record. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Goetten, to recommend approval based on staff's recommendation. Motion, Ayes 6, Nays 0. #1073 JAMES DEANOVIC 2050 SHORELINE DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 9:10-9:33 The Affidavit of Publication and Certificate of Mailing was noted. Jim Deanovic was present for this matter. Assistant Zoning Administrator Gaffron explained the request for a conditional use permit for major grade changes to the lot (last buildable lot of the Hart ood Subdivision) to create a suitable flat yard area and space for the proposed house and pool. As noted in his memo, the grading as proposed will not create additional run-off from the property, but will moeify the drainage pattern within the property; and in addition does not affect the primary or alternate drainfield sites. He noted that City Engineer Cook has reviewed this application and generally recommends approval with some changes and conditions (listed in memo). Bellows noted that this seems to be a drastic topography change requiring a great deal of fill to be brought in and questioned if this is a good practice for future development. Planning Commission discussed the issue of berming and the maximum allowed height. Zoning Administrator Mabusth stated that based on the findings cited by Council in the Ulrich application which referenced the fence ordinance, a 31 feet high berm was considered appropriate for a property on a minor roadway, 6' maximum height on a property on a major thoroughfare would probably be appropriate and deemed consistent with previous action. q MINUTES OF THE F..ANNING t.:J?WlIoSION MEETING HELD SEPPEMBER 15, 1986 #1073 DEANOVIC CONTINUED Bellows noted that the proposed berming area is 50' from the lakeshore and clearly meets a structural setback, therefore should not be considered a berm. No one was present from the public regarding th's natter and the public hearing was closed. It was moved by Bellows, seccr.dcd by Taylor, to recommend approval per staff recommendation. Motion, Ayes 6, Nays 0. #1074 GRACE BAPTIST CHURCH 2830 SHADYWOOD ROAD VARIANCE PUBLIC HEARING 9:34-9:48 The Affidavit of Publication and Certificate of Mailing was noted. Representative Lowell Zitzloff was present for this matter. Zoning Administrator Mabusth noted that the sign clearly meets the required setback of 30' from the intersection. The issue is the proposed height of a 22' sign where normally a maximum 8' height is allowed in a residential area. Mr. Zitzloff stated that he contacted other communities and found that the cross portion of the sign would not be included in height (therefore making the sign approximately 10' in height excluding the cross area). He noted that they needed adequate space for a readable message and schedule of services including the Church name. Bellows noted that there was a great deal of visual clutter in the area already. Hanson stated that this was an unusual situation with the church being located in a residential area with great sign restrictions and he is in favor of gri -sting the variance. Goetten stated that she felt the proposed sign was so much larger than what she has seen at other neighboring churches. McDonald stated that she felt there was no problem reading the existing sign and such approval would be setting a negative precedent. 10 kiINUTE,b Ue 'hilt. PLANWliiv COHNij:,lUW Hr;1.1'1NG hk.LJ SEkIEMB R 15, lyEto #1074 GRACE BAPTIST CHURCH CONTINUED No one was present from the public regarding this matter and the public hearing was closed. It was moved by Taylor, to recommend approval of staff's recommendation to approve the smaller "Standard" sign. Motion not seconded, motion dies. It was moved by Hanson, seconded by Taylor, to recommend approval of the variance to allow the "Supra" sign as proposed. Motion, Ayes 2, Nays 4. Bellows, Kelley, Goetten, and McDonald voted nay. Motion denied. Planning Commission recommended to applicant to check into larger/lower reader board signs. It was moved by McDonald, seconded by Goetten, to table this application for alternative sign plans. Motion, Ayes 6, Nays 0. #1075 JOSEPH DURDA 3135 NORTH SHORE DRIVE VARIANCE PUBLIC HEARING 9:54-10:08 The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron explained the two -fold variance request within the 75' lakeshore setback area 1) to construct a patio and extend the existing 3' wide catwalk between the porch and bedroom to allow for a second exit from the existing walk -out doors off the bedroom. 2) allow the existing 144 s.f. wood deck which was constructed in the Spring 1986 by applicant without a permit replacing the 72 s.f. concrete patio. Delores Durda was present for this matter along with their attorney Ray Piirainen. Mrs. Durda stated that when she had the wood deck constructed her husband war- out of the country and the contractor told her a permit was not required. Mr. Piirainen explained the reason for the enlarged decking area which allowed one to exit .in both directions whereas the other deck did not provide that. Chairman Kelley stated that it was his opinion that the deck should be cut back to the original 72 s.f. Goetten stated that she agreed with Chairman Kelley noting hardcover concern with protecting the lake. 11 kA.WUTES OF TdH c'LMNING MELTING HLLD SEPTEMBER 15, t,86 #1075 DURDA CONTINUED Assistant Zoning Administrator Gaffron noted that existing plastic under rock beds could be removed in the 0-75' zone resulting in no increase from the pre- existing hardcover. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, soconded by Goetten, to: 1) recommend approval of the c-ltwa 1 k between the bedroom and upper porch as proposed. 2) recommend denial of a hardcover increase, but approval of the after -the -fact deck subject to the removal of at least 72 s.f. of plastic so that the existing 11.27% hardcover is not exceeded and allow the use of geotechnical fabric in place of removed plastic. Motion, Ayes 6, Nays 0. #1079 JOHN MCDOWELL 3820, 3830, 3860, 3750 BAYSIDE ROAD S_r?rCH PLAN REVIEW FOR PROPOSED REZONING, S,.-.-:.DIVISION, AND CONDITIONAL USE PERMIT John McDowell, Gary Peterson, Peg Swanson, and Mr. & Mrs. Andrew Miner were present for this matter. Zoning Administrator Mabusth explained the purpose of the sketch plan review is to provide the subdivider an opportunity to present his conceptual plans for development. The specific review process serves as a basis for conceptual discussion between the City and subdivider, hopefully, providing beneficial savings for the subdivider. She noted that the property is currently zoned RR-lA 5-acre Rural zone and Subdivider proposes to rezone to RR-lB or LR-lA 2-acre zone. Gary Peterson reviewed the area and pointed out which lots currently sustain residences. He explained that the area was approximately 42 acres consisting of approximately 17 acres of wetland and 2.7 acres buildable area. They propose 10 parcels of approximately 2.7 acres buildable area each. McDonald stated that the current standards comply with the intent of tht• 5-acre zoning district and felt that "spot" rezoning was only beneficial to the developer. She noted that Issues such as sewer were taken into consideration when this area was zoned 5-acre. Bellows suggested thatthe wetland area be verified because the maps have proven to be very unreliable. 12 MINUTES Uk' "E r1.AWNING CJMMISS UN 14L:E` .Li+% :;Ll P1iPrWER ii.), 1986 #1079 MCDOWELL CONTINUED Gary Peterson stated that he dia not feel this was "spot" zoning because adjacent zoning districts are zoned 2- acres. He stated that it would not be beneficial to put in a road to serve one 5 acre lot. Peg Swanson noted that there are some natural barriers that separate this property from the other 5 acre zoning district north by the Luce Line and on the west by extensive wetlands. McDonald stated that the area was originally zoned 5- acres because Stubbs Bay is a critical area and to sewer the area would be too costly. Assistant Zoning Administrator Gaffron stated that it is costly to sewer Stubbs Bay and secondly, there is no way of knowing at this point whether this area would be included in a sewer project. Planning Commission's feelings regarding rezoning are: Chairman Kelly, Taylor, Hanson, Goetten, and Bellows feel this area could be rezoned 2-acre and definitely not "spot" zoning. McDonald opposed to rezoning for reasons previously stated. Chairman Kelley noted that if it is rezoned 2-acre, the City will not grant variances to new developments. McDonald noted the soils map which indicates a substantial amount of area unable to sustain a septic system. Bellows reitterated that the soils maps can be grossly inaccurate and applicant should have the opportunity to do some testing. Assistant Zoning Administrator Gaffron stated that the septic systems for the newer houses in that area seem to be functioning properly. It was noted that lot configurations may or may not be an issue and that septic test results may require creation of irregular lots. McDonald suggested that staff research the reasons why that area was zoned 5-acre back in 1975. Planning Commission recommended Council input and public hearing on rezoning of this property. 13 1•il1JU'll:6 %Jl' `lijr; • JiillL�1��1�a .�Ui11-A.L! `J1UN ..'1L1?.i IAG BELD J;ZP LMB'&.R 15, IJ64) APPROVAL OF MINUTES It was moved by Chairman Kelley, seconded by Bell_ s, to approve the minutes of the August 18, 1986 Planning Commission meeting. Motion, Ayes 5, Nays 0. Taylor abstained because he did not attend that meeting. PLANNING COMMISSION REPRESENTATIVE Goetten was appointed to attend the Octoberl3, 1986 Council meeting. ADJOURNMENT 10:35 P.M. The Planning Commission meeting adjourned at 10:35 P.M. 14 NA-02628-02 INNESOTA Department of r Natural Resources Division of Waters WATER APPROPRIATION PERMIT Box 32, Centennial Office Building Si Paid. MN 55155 PERMIT 86 -6178 COUNTY Herne in IN THE MATTEP OF THE APPLICATION FOR APPROPRIATION OF WATERS OF THE STATE, PERMISSION IS HEREBY GRANTED 70 PERM1TTEE Authorized Agent William Ulrich Address-- 1535 Bohn's Pt. Rd., Wayzata, MN 55391 To Appropriate From. i One well, 8 inch diam., 322 ft. d.:ep (Unique #420486) SEP 2 1%6 Point of Taking: SEaSEeSE: of Section 8, T117N, R23W I Purpose. Heating and cooling on a continuous basis. Property Described as. Lot 2, Lydiards Park, Section 8, T117N, R2_ A thorize Si at" ah P. T1lfford Title Administrator Date, Water Use Manaaement Section TtfSs permit is granteub;,t o the following CONDITIONS: I. QuAwfil: The permittee is authorized to appropriate water at a rate not to exceed 100 gallons per minute The total amou^t of water appropriated shall not exceed :<)C{ acre feet or 11 million gallons per year 2. LIMITATIONS: (a.) Any violation of the terms And provisions of this permit and any appropriation of the waters of the state in excess of that authorized hereon shall constitute a violation of Minnesota Statutes, Chapter 105 (b.) This permit shall not be construed as establishing any priority of appropriation of waters of the state (c.) This permit is permissive only No liability shall be imposed upon or incurred by the State of Minnesota or any of its employees on account of the granting hereof or on account of any damage to any person or property resulting from any act or omissi.)n of the permrtlee relating to any matter hereunder. This permit shall not be construed as estopping or limiting any legal claims or right rf action cl any 'nerson other than the state against the permittee. for any damage or injury resulting from any such act or omissior or as stopping of limi•ing any legal Claim or right of action of the state against the perrmttee, for violation of or failure to comply wilt, the provisions of the perr,it or applicable provisions of law (a I In all cases where the doing by the perm,t,ee of anything authorizee by this permit snail involve the taking Using, or damaging of any p poorly, rights or interests of any urner person or persons. or of any publicly owned lands or imps ovemenia thereon or interests therein the permitlee. before proceeding therewith. shall obtain the written consent of all persons. agencues or authorities concerned and shall acquire all property, rights and interests necessary therefore (e ) This permit shall rKrl relea:;e the perm,ttee from any other permit regu,rf•rnenM or habiftty of obligation imposed by Minnesola Sfatute� Federal t.aw or local ordmanCes relating thereto and ~hall remain in force s.ubrei'.t to all conditnlns and li—tial KO)s npw,N hers+lei •mt%y'_'ed by law (I I Unless explicitly spec-fied. this permit does not authorize any alterations of the beds of banks of any public iwofecledl waters Of wNlonds A separate permit must be obtained from the Department of Natural Resources prior to any suCh alteration ;OVEAI To: Mayor butler l�,ark E. Bernhardson, Orono Council Members L_:i- \J L.� 1.1 i+ j� SEp 3 0 !9®6 :U 0-try m. 0-;{Gw ` City Administrator From: Dan Crear 1980 Spates Ave. Wayzata, Minnesota 55391 476-6270 476-1010 Date: September 30, 1986 Subject: #1064 City of Orono, Spates Avenue - Conditional Use Permit for Lift Station On September 17, 1986 Michael P. Gaffron requested that the above item be tabled until October 13, 1986. I tele- vhoned the city and spoke with Jean Nlaebush who informed me that it would in fact be tabled until October 13, 1986. 1 am writing this memo since I will not be able to attend this meeting on October 13, 1986. I would very much like to be present and heard at any meeting relating to the above subject. I will be in town on October 27, 1986 if it is possible to reschedule the meeting until that date. If this is agreeable with you please inform me so that I can make plans to attend. Thank you for your time and ccr:sideration in this matter. ws� September 8, 1986 City of Orono Orono, MN Attention: Mayo- Butler Mr. Mark E. Bernhardson, City Administrator Orono Council Members Ladies and Gentlemen: This is to notify you of Washington Scientific's status and plans regarding the installation of a sprinkler system at the main facility located at 2605 West Wayzata Boulevard. A. Status. Our Board of Directors met on August 27, 1986, and approved the capital plan for fiscal 1987. Subsequently, a capital retest for the funds to install the sprinkler system was initiated and approved by the top manage- ment, including Mr. Bill Lucke, Vice President, and Mr. Cliff Dinsmore, President. The approval was finalized on September 3, 1986. B. Plans. Our Engineering Department has initiated the necessary steps to install the sprinkler system. 1. A plumbing contractor has been selected to quote on installing the water mains. 2. The sprinkler contractor visited the facility to finalize his quote. 3. Our insurance broker is in the process of finalizing the specifications. At this time we are confident that the installation will be completed by January 1, 1987. I trust that this confirms Washington Scientific's commitment to provide sprinkler protection for the main facility. Sincerely, WAS INGTON SCI 99TIFIC INDUSTRIES w Ane ganaMa r ng Engineering cc: C. Dinsmore, President B. Luck., Vice President WASHINGTON SCItNTIRIC 1lIOYSTRMS, MC. load lM* M-'ww0b ISM 0 MOM 61b4n »►t • rM 9104ftS Q I LAKE MINNETONKA CONSERVATION DISTRICT n (< ' A G E N D A Regular Meeting, 7:30 p.m., Wednesday, September J TONKA BAY VILLAGE HALL 4901 Manitou Road (County Road 19), Tonka Bay 1. 7:00 p.m.: Hennepin Parks Presentation - Marty Jessen 2. Call to Order 3. Roll Call 4. Minutes - August 27, 1986 5. Treasurer's Report A. Monthly Financial Report B. Bills 6. Biocentric's Lake Use Study Progress Report - Arnold Blomquist 7. Committee Reports A. WATER STRUCTURES & ENVIRONMENT COMMITTEE (1) Committee Report (a) Sailors World Dock License & DMA Review (b) Deicing Permits (c) Slip Size (d) DMA Amendment (e) 1986 Dock License Review (f) Fence Compliance (g) Other (2) Action Items (a) Committee Report Action (b) 1986 Deicing Permits (3) Other B. LAKE USE COMMITTEE (1) Committee Report (a) Special Event Permit: Shorewood Yacht Club (b) Inspection Reports/Deposit Refunds (c) Access Signs (d) Rules of the Road - Amendment (e) Seaplane & Ultralight Amendment (f) Charter Boat Registration (g) Q.W. Policy (h) Water Patrol Report (i) Other LAKE MINNETONKA CONSERVATION DISTRICT Agenda September 24, 1986 Page 2 7. B. Lake Use Commistee (cont) (2) Action Items (a) Committee Report Action (b) Special Event Permit - Shorewood Yacht Club (c) Special Event Inspections/Refunds (3) Other C. EXECUTIVE COMMITTEE (1) Committee Report (2) Committee Report Action 8. Other Business A. Report of Nominating Committee I5. Election of Officers C. Other 9. Adjournment 9-18-86 LAKE MINNETONKA CONSERVATION DISTRICT REGULAR MEETING TONKA BAY VILLAGE HALL August 27, 1986 The regular meeting of the Lake Minnetonka Conservation District CALL TO was called to order by Chairman Rascop at 7:34 p.m. on Wednesday, ORDER August 27, 1986 at the Tonka Bay Village Hall. Members present: Richard Garwood (Deephaven), Robert Pillsbury ATTENDANCE (Minnetonka), Jan Boswinkel (Minnetonka Beach), Jon Elam (Mound), JoEllen Hurr (Orcno), Robert Rascop (Shorewood), Ron Kraemer (Spring Park), Marvin Bjorlin (Tonka Bay), Mark Westlund* (Wayzata), and Robert Slocum (Woodland). Communities represented: Ten [10]. *Arrived late. Garwood Moved, Bjorlin Seconded that the minutes of the June 25, MINUTES 1986 meeting be approved. Motion, Ayes [9], Nays [0]. Jim Mahady and Al Lehman of the Minnehaha Creek Watershed District WATERSHED presented to the Board a summary of Project No. 2 of the Upper PRESENTATION Watershed Project: Long Lake Creek. A petition to pursue that project will be forthcoming. Boswinkel Moved, Hurr Seconded that the Treasurer's Report be TREASURER'S approved and the bills paid. Motion, Ayes [10], Nays [O]. REPORT WATER STRUCTURES & ENVIRONMENT COMMITTEE: Hurr reported that dock license renewal applications were discussed and recommendations made for Smithtown Bay Association, Crane Island, Sailors World, and Tonka Bay Marina. Recent changes in slip sizes were reviewed along with the history SLIP of District regulation on the matter. The committee requested that SIZE an ordinance be drafted to provide for slip size, both length and width, encompassing recommendations for licensing as well as Special Density Permits and WAU definition. The committee reviewed fence compliance stipulations in 1986 FENCE licenses; two installations have been brought into compliance and COMPLIANCE three have asked for exception. The committee recommended that exceptions be denied and the affected installations be brought into compliance with the license stipulations. The committee was advised of the inspection activity relative to STORAGE the violations of the 2-to-4 boat rule, the matter to be pursued INSPECTION along with a review of Baldur Park, Bantas Point, Crystal Bay Road, and Libbs Lake areas. The committee reviewed deicing application forms for 1986-1987, DEICING there being no changes from last year. Upon indication that there is some interest in applications for winter boat storage in the I11CD Board Minutes August 27, 1986 Page 2 water at some marinas, the committee determined that the current policy should not be changed. Upcoming public hearings were reviewed, and the dock license form for 1987 was reviewed; no change was made. The committee reviewed DMA application forms and policy, and deter- DMA mined that a formal DMA policy based upon the 1984 review be POLICY formulated. The committee was advised of the Upper Watershed project review UPPER scheduled for the August Board meeting, and inspection of the WATERSHED facilities in September. REVIEW In other rt._:v, the committee reviewed the Cray's Landing Company covenants, )rwarded them to the Board without recommendation; and the co, tee was advised of sign violations of commercial licensed facilities on the Lake. Elam Moved, Kraemer Seconded that the committee report be accepted. Motion, Ayes [10), Nays 10). Elam Moved, Bjorlin Seconded that the Collowing renewal applica- tions, including Orders and stipulations, be approved with additional stipulations as noted: 1. Boat and Motor Mart of Excelsior, Inc. 1986 dock license DOCK LICENSES 6 2. Crane Island Association 1986 dock license AMENDMENTS; 3. Sailors World 1986 dock license: boat storage only to be renewad because of discontinuation of the boat fishing business 4. Tonka Bay Marina & Yacht Club 1986 dock license & 5. Smithtown Bay Association amendment: any increase in file slips beyond 16' to be subject to future channel navigability review 6. Sailors World 1986 DMA permit: subject to notification that DMA PERMIT plan for revision of the buoy field to eliminate all moorings be received by 10-1-86 Motion, Ayes [10), Nays (0). LAKE USE COMMITTEE: Pillsbury reported that the committee reviewed a Special Event Permit application and made recommendation for ap- proval with stipulations. The committee reviewed requests for Slow Buoys as follows: LMCD Board Minutes August 27, 1986 Page 3 1. Coffee Cove. A Coffee Cove resident at Fagerness Point COFFEE requested that the Slow buoy line at the west end of the Cove COVE be adjusted westward so that point wash would be reduced. SLOW BUOY Result: Slow buoy nff Fagerness has been adjusted westwardly. 2. Excelsior Point. An Excelsior Point resident has requested EXCELSIOR that the point buoy which was removed several years ago be POINT installed off Excelsior Point, or the Slow buoy line be moved SLOW BUOY north of this location. Result: County maintenance has offered to reinstall a point buoy for 1987 as a better alternative to moving the Slow buoy line northward. 3. Harrisons Point. The committee reviewed the history of HARRISONS requests over a number of years for some marking buoy off Har- POINT BUOY risons Point because of the wash, particularly in the early REQUESTS spring. The committee, upon review of the request for a buoy placement, determined that, before making a recommendation to the Board, the water depth in that area be determined. Result: Pending LMCD inspection report. 4. Seahorse Lagoon. The committee reviewed earlier requests that a Slow buoy be placed in the entrance of the Seahorse lagoon, and recommended that the District authorize placement of a private Slow buoy by Seahorse, meeting county specifications. 5. Tanager Lake. The committee reviewed a request for a Slow buoy in front of Windward Marine on Tanager Lake because of water skiing incidents, recommending that the District authorize a private Slow buoy 150' beyond the dock, meeting county specifications. The committee reviewed the Slow buoy policy for adoption next SLOW BUOY month. POLICY The committee recommended approval of the change in the Lake main- tenance program for 1986 to include the riprapping of the Forest Lake Channel. The committee discussed with the Water Patrol the modification of ACCESS the proposed new access sign to include reference to requirement SIGNS of an observer for water skiing. Final review of the sign modifi- cation will be given at the next committee meeting. The committee reviewed the modification of the DNRs changed Rules LARGE of the Road giving large vessels right-of-way. The Water Patrol VESSELS will review the matter for a recommendation at the next committee R-O-W meeting. LMCD Board Minutes August 27, 1986 Page 4 The committee determined that a late fall public hearing be scheduled on the liquor licensing ordinance. The committee was advised that 14 charter boats have been registered, with three additional yet to be completed. The committee reviewed current seaplane and ultralight rules of AIRCRAFT the District, centering on the need for a change in the rule con- LANDINGS cerning multiple practice and training landings on weekends. Upon discussion, the committee determined that an amendment eliminating multiple landings of any kind during weekends and on holidays be drafted. The committee accepted buoy inspection reports for 1986. BUOY REPORTS The Water Patrol reported that verbal and written warnings and citations are up 102%, compared with last year; equipment mainte- nance has been improved and equipment is operating well this year; W.P. there is extra patrol on the Lake, up 54% from last year; in REPORT October ten trainees will be ready to be sworn -in as Special Deputies; there have been two drowning in the Lake, 13 in the county to date; and search warrants are being obtained for certain charter boats in violation, in order to complete inspections and to avoid embarrassment to passengers, offenders to be notified by letter first. In other matters the committee was advised that Biocentric will make a preliminary report at the September Board meeting; the com- mittee will hold a public hearing in the fall on changes in speed limits; and River Corridor Study recommendations were distributed. Bjorlin Moved, Garwood Seconded that the committee report be accepted. Motion, Ayes 1101, Nays [0). Hurr Moved, Bjorlin Seconded that the Special Event Permit applica- tion by Operation Bass to conduct a fishing contest, Redman REDMAN Tournament Trail, on September 7 at Gayle's Marina be approve.' with TOURNAMENT the following stipulations: PERMIT 1. Compliance with the District's speed limits (40/day, 20/night). 2. The District's noise limits must be complied with (84dbA at 50 feet, or 82dbA on boats or motors built after 1-1-82). 3. All temporary signs for the event must be removed within 24 hours after the event. 4. Boat registration numbers must be affixed to all boats, according to statute. LMCD Board Minutes August 27, 1986 Page 5 5. Permit is subject to the City of Orono (at weigh-in) for clean- up, parking, etc. 6. The event is under the jurisdicition of the Sheriff's Water Patrol. Motion, Ayes [10], Nays [0]. Elam Moved, Boswinkel Seconded that (1) Seahorse Condominium Asso- PRIVATE ciation be authorized, as a commercial -type operation, to place BUOY a private Slow buoy meeting county specifications in the entrance PLACEMENT to its lagoon, as requested; and (2) Windward Marine be authorized to place a private Slow buoy, meeting county specifications, 150' beyond its dock in Tanager Lake because of water skiing incidents. Motion, Ayes 110], Nays 101. Pillsbury Moved, Garwood Seconded that the change in the Lake FOREST maintenance program for 1986 to include the riprapping of the CHANNEL Forest Lake Channel be approved. Motion, Ayes [101, Nays [0]. %XECUTIVE COMMITTEE: Rascop reported that representatives from three firms who have submitted proposals for the Lake Management Study were interviewed by the committee. The committee recommended that the low bid of $6,700 be accepted. The committee reviewed the gee -ral liability and umbrella insurance INSURANCE policies. Upon advice that !..rie basic liability policy has been REVIEW increased from $300,000 to $1,000,000 over the past few years, the committee determined that the umbrella policy should continue to be pursued. The committee was advised that the legislative revisor's office LEGISLATIVE has not completed the preliminary draft of the LMCD proposed legis- PROGRAM lation, and that it may need to be broken down into several amendments. Upon advice from the Secretary of State that the special liquor law for Lake Minnetonka must be approved by the District and certified before the end of the year or it will sunset at the opening of the 1987 session, the committee recommended that the Board approve and certify the Lake Minnetonka liquor law. The committee reviewed a proposal for sponsoring a public service BWI campaign regarding Lite dangers of boating while intoxicated. The POSTERS committee determined that the matter should be pursued further, not only with posters, but also with possible billboard displays. Board discussion suggested: 1. the purchase of 100 posters early next spring (February) at a cost of $400 - $500, with the possibility of a commercial sponsor sharing the cost, LMCD Board Minutes August 27, 1986 Page 6 2. posters might be distributed via the marina association and other agencies, 3. cost of billboard printing to the LMCD could be $70 - $100 each, in lots of five, and 4. information should be supplied to local newspapers. The committee recommended Board acceptance of the audit and recom- AUDIT mended the Board review any necessary budget amendments for changes. Upon favorable reports on the 1986 boating trips, the committee BOAT determined that all three trips should be continued for 1987 on TOURS the same bases. The committee approved a Save the Lake followup mailing scheduled SL for August 25 to past contributors, a Board letter requesting Board CAMPAIGNS members to help develop the lakeshore mailing list, and to further develop a golf outing and fund-raising auction for 1987. Upon advice that the office depot lease will expire the end of OFFICE 1987, the committee indicated the matter should be pursued in LEASE reference to adequate parking and additional space requirements. The committee was advised that the court has ruled favorably on the LMCD Code distinguishing between commercial and residential setback requirements in the North Shore Drive Marina case. The committee was advised that charter -boat registration problems similar to the District's are experienced on the St. Croix by the U.S. Coast Guard. Deicing applications have been distributed for 1987. The renewal date is October 1. The District has been advised that the Spring Park ramp has been SPRING extended 20 feet. The project was completed August 19; however, PARK make-ready docks not installed earlier because of the lateness of ACCESS the project will be installed next year. The Chairman appointed the Nominating Committee for 1987: Pillsbury (Chairman), Garwood, and Kraemer. Elam Moves-, Pillsbury Seconded that the committee report be accepted. Aotion, Ayes J1OJ, Nays 10J. Hurr Moved, Pillsbury Seconded that the Lake Management Study pro- posal by Arndorfer Associates at $6,700 be accepted and a contract executed. Motion, Ayes 1101, Nays 101. NOMINATION COMMITTEE MANAGEMENT PLAN PROPOSAL LMCD Board Minutes August 27, 1986 Page 7 Elam Moved, Pillsbury Seconded that the special liquor law fui LC!:d :.IQUOR Minnetonka be approved and certified y Re^olution No. 48. Motion, LAW Ayes [10], Nays [0]. CERTIFIED OTHER BUSINESS: Elar;, ",,oved, Pillsbury Seconded that the covenants GRAY'S of Gray's Landing Company for the Binger development be accepted. LANDING Motion, Ayes [10], Nays [0]. COVENANTS Bjorlin Moved, Westlund Seconded, that the Fee Study Committee be FEE STUDY reactivated. Motion, Ayes [10], Nays [0]. C'MMITTEE Copies of a preliminary review on Lake Improvement District legis- lation has been distributed. A copy of Minnetrista's temporary injunction has been distributed KING'S to the Board. The District's attorney will review the launching POINT ramp issues involving the LMCD with the Minnetrista attorney. ACCESS LMCD prosecuting attorney Lefler reported that the prepayment of PROSECUTION! fines is beginning to generate income for the District; BWI fines are somewhat higher than the other fines; the pursuit of ignored tickets has been lax until now - unanswered citations will be prosecuted; it would be benefi_ial if Court Services people were informed about boat operation education for offenders. Hurr Moved, Elam Seconded that the employment of Marilyn Kittock as part time Bookkeeper/Clerk be confirmed at the probationary rate of $6/hr. Motion, Ayes [10], Nays [0]. ADJOURNMENT: Boswinkel Moved, Elam Seconded at 9:40 p.m. that the meeting be adjourned. Motion, Ayes [10], Nays [0] Submitted by: Jon Elam, Secretary/Treasurer Approved by: _ Robert Rascop, Chairman BOOKKEEPER/ CLERK ADJOURNED Lake Minnetonka Cable Communications Commission 443 OAK STREET • EXCELSIOR, MINNESOTA 55331 PRESS RELEASE TO: ALL EDITIONS - LOCAL NEWSPAPERS FROM: LAKE MINNETONKA CABLE COMMUNICATIONS C01V41SSION FOR: IMMEDIATE RELEASE RE: LAKE MINNETONKA NEWS AWARD • (612) 474'5539 I - The Lake Minnetonka News recently received a National Merit Award for government programming from N.A.T.O.A. (National Association of Telecommunications Officers and Advisors). The award was presented to Holly Hansen, Administrator of the Lake Minnetonka Cable Communications Commission (LMCCC), by Brian Lamb, Chairman of the Board and Chief Executive Officer of C-Span, at the N.A.T.O.A. annual conference in Philadelphia, PA on September 22nd. The entry submitted by the LMCCC contained excerpts of Lake Minnetonka News features on the Gray Freshwater Biological Institute, playground construction at Manitou Park in Tonka Bay, and city news items with co-anchors Dean Johnson and Beverly Meakins. The Lake Minnetonka News is a monthly half- ,r new proram that began production in April 1986 and is shown on the Dow -Sat Cable System on Channel 20. Each program contains features of special interest and news itesm submitted by LMC�., member cities. Regular contributors to the program have been the cities of Excelsior, Minnetrista, Orono, Shorewood, Tonka Bay, and Victoria. Special features have been produced on the Lake Minnetonka Conservation District (LMCD), Hennepin County Sheriff's Water Patrol, Minnetonka Power Squadron, school bus safety, and local farmers and markets. The Lake Minnetonka News is staffed by Cab1E Administrator Holly Hansen and Access Assistant Jay Borne, but would not be possible without the volunteer help of area residents. Regular volunteers on the program are Dean Johnson and Beverly Meakins of Shorewood, Tim Wiley of Excelsior, Linda Paulsen of Mound, al,d Jack Hastings from Minnetonka. Other volunteers who have contributed their efforts to the program include Bernice Nixon, Jim Olds, Andy Scholl, and Judy Degnan of Excelsior, Lesley Hughes --Seamans of Tonka Bay, and Sharon Conley of Plymouth. The Lake Minnetonka News is currently run on the third Thursday of the month at 6:30 p.m. on Dow -Sat Cable Channel 20 and is repeated the following Saturday at 9:30 a.m. FULL COMMITTEE MEETING LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION ORONO TV STUDIO TUESDAY, AUGUST 19, 1986 5:00 PM I. CALL TO ORDER Chairman Olds called the meeting to order at 5:30 PM. ROLL CALL Lesley Hughes -Seamans Tonka Bay Holly Hansen Administrator. Jim Olds, Chairman Excelsior Mark Ayotte Attorney Frank De monchaux Minnetonka Mary Smith Dow -Sat Tom Anderson Medina Sue Niccum Recorder Dean Johnson Shorewood Tim Adams Orono Jim Swartwood Long Lake Lois C. Johnson Mtka. Beach Gerry Schmieg Victoria Peter Berzins Minnetonka SFP 19 1%6 II. APPROVAL OF MINUTES - Motion 8.19.86.1 Anderson moved, Dean Johnson seconded;---' -- to approve the minutes of the Executive meeting of August 19, 1986 as written. Motion carried unanimously. III. REPORTS A. Officers rT•= B. Administrator Administrator Hansen said production has been a little slower this month. Motion 8.19.86.2 Claims - Anderson moved, Swartwood seconded, to approve payment of the following just claims: BEGINNING CHECKBOOK BALANCE BANK EXCELSIOP: $ 4,788.99 STATE CAPITOL CREDIT UNION ACCT @ 7% 12,000.00 CLAIMS Sue Niccum (July minutes) $ 60.00 Multichannel News (renew) 29.50 AT&T 0.82 Audio Stats Educational Service 26.00 (3 audio tapes from NFLCP Conf.) ENDING CHECKBOOK BALANCE BANK EXCELSIOR: $ 4,672.67 Motion carried unanimously. Administrator Hansen said she and Lesley Hughes -Seamans, and the coordinators f --,m Mound, Orono and Northfield met to discuss the NFLCP C .nce. It was a fruitful session. She also met with Ylound, Orono and Wayzata in the Dow -Sat area to discuss co- ordinating the different aspects of these studios. They discussed . UL6Ut%Y, AUGUST I 'J, page two the possibi] -f holding a "Video Festi•,:_' sometime in May. She has al: d to Minnetonka Community Services and the Excelsior Bai,. -)ut ways to develop access programming and training some of their people. The idea was well received but nothing has been done yet. Holly asked the Committee members to contact her if they had any ideas of any other organizations that might be interested and what particular person she should contact. She has also been in touch with MHS students that were trained last year, they will be meeting to discuss taping foot- ball games, etc. The Lake Minnetonka News is still going strong, there was an article in the paper this week. Insurance - Administrator Hansen contacted the St. Paul Access. They have insurance as part of their package deal, it is $1000 deductible. She is still checking. MACTA Conference - There is a conference at the Bioomington Holiday Inn International on Friday, September 12th, from 12:00 PM to A:00 PM. The charge is $15 and lunch is included. She en- courages attendance and suggests the Committee pay for anyone who cares to attend. Holly, Lesley Hughes -Seamans, Jim Olds, Jim Swartwood and Tom Anderson expressed interest in attending. NATOA Conference - There is a NATOA conference in Philadelphia in September. Holly said it is Administratively orientated. She would like to go and recommends pending Chairman Olds. The cost would be: School and membership $ 250 @ = $ 500 Hotel 327 @ = 654 Airfare 200 @ = 400 Holly - expenses 140 = 140 Total cost for two $ 1,600 Chairman Olds said this conference was very beneficial and en- couraged the Committee to send more than one person. fie said he would be able to go but perhaps someone else is also interested in going and if they were to let him know. Motion 8.19.86.3 - Anderson moved, De monchaux seconded, that two people be allowed to attend the conference. Motion carried unanimously. C. Legal Council no report at this time D. Dow -Sat Mary Smith of Dow -Sat distributed the monthly rc and re- viewed it with the Committee. She offered to submit the report to Holly in advance so it could be sent out with the Agenda so it would keep those absent ir.formed.She said their revised budget goal for year end (9/30/86) is 3,600 subscribers for the Lake Minnetonka System. Connections Disconnections New 63 Non -pay (down) 29 Reconnections 27 Moved, Moving 39 Total Connections 90 Temporary 2 -2- LMCCC MINUTES TUESDAY, AUGUST 19, 1986 page three Connections Pending Installations: 78 Net Gain Since Last Month: Disconnections Not Used enough 3 Miscellaneous 8 Total Disconnects 81 W The billing system has improved, the statements will be itemized. She explained the difference between basic (up through Channel 24) and expanded basic (above Channel 24). She said very little of the programming is outside programming (canned tape). She called the Committee's attention to the Deep Dish - National Satellite program. There are no unsettled claims. She explained the free tv production workshop, a 12 hour program offered the Community organizations. This would cover portable and studio camera operation and editing. She said the -FCC testing came out well. Committee member De monchaux asked about the different marketing technique. Mary said you can't directly measure the results. The two purposes were to enhance the image of cable tv and to push basic cable. DRTV will begin September 9th. There will be newspaper acts, a basic acquisition drive, HP'` promotion and State Fair Promotion. All former subscribers will be telemarketed. Peter Be-7ins asked if Dow -Sat has anything that shows physically where V wires go? Mary said Mr. Wimler has as builts on all lines. one said NSP refuses to locate service drops. The tele- phone and gas companies are excellent to work with. The phone company is working on being the clearing house for locating all lines in the metro area. Mary said right now they probably spend 5 hours a day on construction sites locating lines. Gerry Schmeig asked if there is any update on Rolling Acres Road. Mary said this will involve feeder lines and line extensions and suggested sending letters to residents. She will get information to him to pass on at his Thursday meeting. She said deregulation ends 1/1/87, tiers can go by the board with no rate limits. Dow- Sat's goal is to charge $15.00 monthly for expanded b=sic and to drop regular basic entirely. Another goal is to eventually have all the channels on their correct numbers (29, 41, etc.). IV. BUDGET COMMITTEE REPORT Chairman Olds asked Mary if $ 50,000.00 was a safe figure to use as income from Franchise Fees. She said yes. Based on that figure he presented a basic sample budget. He suggested raising Admini- sstrator Hansen's salary to $ 23,000 for full time work for 1987. -3- TUESDAY, AUGUST 19, i 986 page four 1986 1987 Legal Fees $ 6,500 $ 4,000 Conferences and Schools 81000 4,000 Financial Audit Fees(carried forward) 11000 11000 Technical Audit 2,000 2,000 Insurance And Bonds 2,500 3,500 Office Equipment 11000 750 Secretarial Services 11000 11000 Association Dues 11000 750 Telephone,Reproduction, and postage 900 500 Miscellaneous 500 500 NEW Local Origination- or Access 51000 NEW Revolving hquipment Fund 4,000 $50,700 Motion 8.19.86.4 - Dean Johnson moved, De monchaux seconded, to submit the suggested budget to member cities. Motion carried unanimously. V. STUDIO EQUIPMENT REPORT Chairman Olds said part of the Executive Committee, as well as Mary Smith and some of the Dow -Sat staff, have been trying for quite some time to reach an accord on the equiping and supplies stage of the Orono and Excelsior Studios, and he now believes they have now pretty much done so. There are a couple discrepancies and he wishes Commission opinion. Holly passed out two lists, a recap of expenditures done by herself and one done by Dow -Sat. in most cases the figures agree. The following differences showed up: 6% sales tax included on Dow -Sat s list in the amount of $3,726.00. - Dow -Sat showed $1,040 for video tapes compared to Administrator Hansen's figure of $560.00. Thev also added 6% sales tax under this category for $67.00. This resulted in approximately $4,200 di _erence Attorney Ayotte reviewed whether or not sales tax should be included. He went back to the original financial consultant and reviewed the terms of the offering,he came to the conclusion that the 6% :ales tax was not intended to be in luded.In the franchise Agreement there is a provision that reads "in the event of any conflicts or discrepancies in terms of the offering or the franchise, that which provides the greatest benefit to the Commission, in the sole opinion of the Commission , shall be the one that prevails". The Commission, being government does not have to pay sales tax. De monchaux stated that a lot of effort was put forward to identify all equipment and get that all agreed, thats been done; to get equipment required a lot of swaps and changes took place; it is now our challenge as a Commission to sign off on what was de- livered as being okay and reach an agreement :hat puts that behind us as done, there is a judgement area here now you have to give Chairman support for negotiation. Motion 8.19.86.5 - De monchaux moved, seconded by Adams, to g. Chairman Olds the authority to negotiate a settlement, that the Commission does not feel the sales tax should be included, and that negotiations be accomplished by the next meeting and brought back before the Cor.7!ission for final approval. Motion carried unanimously. -4- LC9l.t..�. :11N1i 1LJ TUESDAY, AUGUST 19, 1986 • page five Chairman Olds said they are not trying to squeeze anything out of Dow -Sat, only represent their cities regarding the Franchise. Administrator Hansen and Mary Smith of Dow -Sat explained their reasoning and answered questions from the Coranission. VI. UNFINISHED BUSINESS none VII. NEW BUSINESS Administrator Hansen explained that _Recorder Niccum is resigning her position due to work load. She will try to help Holly find a replacement. Commission member De monchaux and Chairman Olds thanked her and said the Committee felt she had done an excellent job. Chairman Olds also said he hoped contact with involved cities would prevent quorum problems like the one experienced this evening. VIII. AOJOURNIUM Motion 8.19.86.6 - Anderson moved, De monchaux seconded, to adjourn at 6:55 PM. RESPECTFULLY SUBMITTED, Sue Niccum Recorder INCOME LAKE MINNETONKA CASSLE COMMUNICATIONS COMMISSION BUDGET 1987 Approved August 19, 1986 Dow -Sat Miscellaneous TOTAL EXPENSE Cable Acministrator Legal Fees Conferences/Schools Financial Audit Fees Technical Audit Fees Insurance/Bonds Office Equipment/Supplies Secretarial Service Assn. Dues/Bank Charges Telephone/Repro/Postage Miscellaneous Access/L.O. Revolving Equipment Fund NET TOTAL CUMULATIVE 1986 1987 BUDGET F R C T BUDGET $46,000 $44,941 $50,000 700 11000 700 $46,700 $45,941 $50,700 11,000 " 000 23,000 6,500 2,500 4,000 8,000 3,000 4,000 11000 1,000 11000 2,000 2,000 2,000 2,500 3,500 3,500 11000 750 75r 11000 750 1,00;. 1,100 750 750 900 1,500 1,200 500 11500 500 - - 5,000 - - 4,000 $35,500 $36,250 $50,700 $11,200 S 9,6911 - S 1,856 10ffset by 1985 legal fee payable of $7835, leaving projected surplus to be carried over for 1987 of $1856. 2Financial and Tech-ical Audits not incurred costs in 198f, but are carried over in an;,icipation of those functions being performed in 1987. 31987 Income estima=ed at 57 of $1,000,000 Dow -Sat billings, reflected as $50,000 1987 income. Sera,4c1nliea c SEP - 91986 (,itcrzv f�iou th l�,. i,oad . C . Box 66 Cmp, a.l may, A,.uvteAo to 55323 tU t i on. - Aanh Be• a4a zd4on Cluoa / Idninij tw1 oia II)W . Aznh - flay.uzq lived on Ca.4co Po irvt /aa Aild yeas, '7 uant #o ea,4end my appa.ec tu.t i_on ors, .11te aec n t cliachu,om on "ac I eo.jk;e The ALt4 w.;t .on o� havaV he,at nuj dvg (u4en he ua j al-:>e) conn..d .to iiA oun and hat tng titEvw!4 dv erw o7 o6ea dop - open .art paclo, nurvwu�y anucch t4Aot&)h In� gatid.. ua.� o Pn �. The na idin. T the gaitbaU-e aanw, izu.Zn n o� .jh"be g and � gen aI4 geUA'na .ti�c.ed v� .a°z,, . jing .in excn.e ieni u�,i,le cuttiV the .Ivan; uaw o f ten. nine ;hen one could fie. #vweveaI i t h� been nvt i aaG.Ly .un.-'1z.oved i'- e iv di w months. l )eu' aet.ined P.¢ ,tivtee yeaw, .9 j4 o-w4e..9 ain more c(x)niaant vl #hede acti.vi.�i.ej. .9 a.ldo twIth a teat d��cz.l o .o ,w dwu:f ..the divmeA hevea .the .i t ha." been .12tc��cdtndiza heae✓ fuze Geer .pane pv.Giciizg and action. The/te aite a few uAo aite .jt.i U nerrLect.a'n� .tv fah to ' �ree4,)on j.ibtli,t.� in COP e' ;, ' lteut (lop, but wi;a .Eke con firL pa.&ot&ruj and e f'lo&; 4, 1 am 4u to #het r k.GZ �j.et .the meA4age. Thank you foe .th iA . eAv.i ce, and he-ep up the nvod t. A. %Re j j-zect j,, Uy dubmi,tied, %�. Taney l-Juri;atvn SEP ? ;; MINUTES OF THE MEETING OF THE SCHOOL BOARD OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON SEPTEMBER 8, 1986 The regular meecing of the School Board of Orono Independent School District No. 278 was held on Monday, September 8, 1986. Present: Dave McKown James Franklin Thomas Mich Don Andersoo John Maresh William Fenholt Kitty Crosby Lucie Taylor UPON MOTION by Jim Franklin, seconded by John Maresh, the consent agenda was approved as follows: - approved the minutes of the August 11, 1986 regular meeting; - approved the appointment of Bev Ebbecke as physical education/adaptive physical education teacher; of Joyce Lenz as half-time kindergarten teacher; of Toni Nelson as kindergarten teacher; of Betty Heitke as half- time gifted/reading teacher; - approved the resignation of Margaret Mar as speec:-language clinician; - approved the appointments of Mary Moran, Lane Larson, Sandy Sievers and Joni Galzk; as short -hour cooks; - approved the resignation of Lois Pearson as kitchen aide; - approved variance requests for the following students to attend Orono Schools: Mark E. Tomlinson, Megan McDowell, Ryan Lagieski, Stephanie and Allisun Ballantine, Brian Jensen and Steven Gauthier; - approved the variance request for Rachel Shanley to attend Mound-Westonka Schools; - approved the following new Community Education classes to be offered in the fall of 1986: Leasing: An Alternative to Ownership, Knitting, Introduction to Spinning, Are You Confused About Cholestrol?, Financial Aid for College, Adult Floor Hockey League; - nominated Kay Sause to the ECSU Planning and Services Commission; - approved the bills as covered by vouchers 051795 through 051801 (051802 through 051805 were voided, these checks were held for 1985-86 vouchers) and 052031 through through 052250 (checks 052251 through 052416 are com- puter checks) and 052417 through 052483. Dr. Mich reported that the employee picnic held on August 21 was definitely a success and, as the staff was so appreciative, he believed a tradition had begun at Orono; that Jerry Allen, the preschool workshop speaker, had given an excellent presentation which would be kept in mind as a program for parents at a future date; that the bussing needs of Intermediate School students had been discussed at a joint meeting of administration, transportation people and a police officer, that the beginning enrollment for the 1986-87 school year was at 2009 in comparison with 2012 at this time last year; that Kent Winter had pro- vided him a copy of The High School Writer of Minnesota and that the following six students have art cTes 7n this vo u_me: Kristi Kvis� Dana Neddermeyer, John Prineas, Jennifer Smith, Brad Ehalt and Kent Meyer; that copies of the minutes of the Medina Council, regarding the Hennepin Technical Center', west campus, are available for those interested. Dr. Mich stated that Marge Gasch had requested that the resolution regarding the west campus of HTC, adopted by the Board on August 11, be sent to the 13 par- ticipating districts with encouragement that these districts support our position. UPON MOTION by Lucie Taylor, seconded by Jim Franklin, the Board directed Chairman David McKown to send a letter to the 13 participating districts requesting their support of the resolution as adopted by the Orono School Board. Dr. Mich reported that the start of the school year had been excellent and that the principals and teachers are to be commended for their organization/preparation for the 1986-87 school year. UPON MOTION by Don Anderson, seconded by Kitty Crosby, the Board approved the Cooks' Employment Agreement for 1986-88. Ron Gilbert reported that the opening of the Intermediate School went quite well with only minor problems and that the credit for the good opening belongs to the teachers who have worked diligently to develop philosophy and goals to which they will trive, to develop schedules/assignments, and to revise curriculum matters. He stated that the students are adjusting to the situation quite easily and that parents have bcec, supportive. Mr. Gilbert expressed that this is an exciting and thrilling challenge/opportunity. The Board asked questions of Mr. Gilbert regarding bussing, transitian between Schumann Elementary and the Intermediate School and provision for additional recess time. Mr. Gilbert will report back to the Board with regard to additional recess time. Appreciation was expressed by Mr. Gilbert to the custodial staff for the outstanding job they had -e in preparation for the beginning of the school year. UPON MOTION by Lucie Taylor, seconded by Jim Franklin, the Board accepted the Intermediate School nandbook as presented. Karen Orcutt provided background information to the Board regarding Chapter I funds available to school districts who have local institutions for neglected/delinquent children. A grant for this project would provide one period of remedial instruction per day and a base from which the'7e students could operate their academic day. Ms. Orcutt stated that Orono i, eligible for thi; project and, with Board approval, she would apply for a y,ont for a one ypa pilot project. UP )N by Kitty Crosby, seconded by Don Anderson, approval was granted to mak ication for a grant to pilot a p.-ogram for Neglected and Delinquent Stuo ,:Secondary -tilizing Chapter I funds for 1986-87. The Board expressed] appreciation to Ms. Orcutt for taking the initiative in researching/providing the District with such a program which will provide addi- tional serv; a to these students and requested that Ms. Orcutt provide them with a synopsis of the program at the end of the school year. UPON MOTION by Don Anderson, seconded by Lucie Taylor, the Board accepted the appraisal of Stevenson -Edwards on the District's school buildings and contents, will continue to affiliate with the Minnesota School Board Association Insurance Trust for property and casualty insurance coverage, and named the Thomas Taff Agenr, 1< the District's service representative. UPON MOTION by Kitty Crosby, seconded by Lucie Taylor, the following resolutions were adopted: Whereas the amount of $462,380, which represents the fifth and final levy on the 1981 auditoriui. ponds and interest, can be paid from Debt Service Funds on hand and accruing, the total 1986 levy of « 5',901 for all outstanding bonds and interest will be reduced by $482,380 to $310,521. The reduced amount represents the regular levy for all remaining indebtedness. Since surplus Debt Service Funds on hand on June 30, 1986 are needed for future bond and interest payments on the auditorium, and to avoiJ the levying of additional taxes, it is hereby resolved that said surplus funds are obligated. It is further resolved that the regular annual levy for outstanding indebtedness will be made in 1986 for 1987, less the amount due on auditorium bond principal and interest. UPON MOTION by Don Anderson, seconded by John Maresh, the Board approved a pilot project for the study of the French language at grades 5, 6 and 7 conducted by Community Education. Dr. Mich reported that the Community Educati,):: department had surveyed the District last spring with the results indicating a grc g interest in the study of the French language. ►,�. Mich stated that, after consultation with the prin- cipals ar, foreign language te- ors, his recommendation would be a pilot program with the course to be t before the schnol day begins, a class limit of twenty stuL'ints and an evaluation of the program at the end of the year. Motion carried unanimously. The Board will hol� a workshop session following the October 13 Board meeting. UPON MOTION by ucie -aylor, seconded by John Maresh, the meeting was adjourned. i4/-Nd I [_�Z' � 1, h / - "I' � ( I t4q c Katherine P. Crosby, erk Approved: Dave McKown, Chairman +. Rr I.e RaR # 0 1as no J1, of SRc. 9G -rarer •r _ -"-X -.- 4.11 kPop t • ` __ o� ' dab S � l E v,•ff /��r /'ZOIWAOC ANO C0*SrgVA7-1 v \ I __, r 00 1 � • Post M IRON 4 % 39o.7i o j X I DC TA / L i a! R 2 SCALE: b' PROPOSED DIVISION PLAT FOR: THOMAS CROSBY, SR. DESCRIPTION OF PARCEL A: That part of the Northwest Quarter of the Northwest Quarter of Section 36, Township Ilk Range 23, Hennepin County, Minnesota, described e-. follows: Beginning at the northwest corner of said Northwest Quarter of the Northwest Quarter; thence on a bearing of South, along the west line of said Northwest Quarter of the Northwest Quarter, a distance of 759.60 feet; thence on a bearing of East, a distance of 99Q 71 fed; thence South 76 degrees 41 min- utes 36 seconds East, a distance of 356.42 fed to the east line of said Northwest Quarter of the Northwest Quarter; thence North 0 degrees 18 minutes 21 seconds East along the east line of said Northwest Quarter of the Northwest Quarter to the north line of said Northwest Quarter of the North- west Quarter; thence South 89 degrees 44 minutes 42 seconds West along the north line of said Northwest Quarter of the Northwest Quarter to the point of beginning. For purposes of this description the south line of said Northwest Quarter of the Northwest Quarter is assumed to bear North 89 degrees 34 minutes 51 seconds West. 2275 - 63, 2337 - 36 aid e� - 'tttt� fir. �V IaT IfRNI MNUYI(NT —7 ayso LYO/ARO L 24.0� DESCRIPTION OF PARCEL B: That part of Government Lot 1, Section 36, Township Ilk Range 23, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said Government Lot 1; thence South 0 degrees 18 minutes 21 seconds West, along the west line at said Government Lot 1, a distance of 582.74 fed to the point of beginning of the tract of land being described; thence North 31 degrees 03 minutes 07 seconds East, a distance of 45.63 fed; thence North 15 degrees 12 minutes 57 seconds East, a distance of 158. 42 fed; thence North 51 degrees 48 minutes 47 seconds East, a distance of 139.55 fed; thence North 71 degrees 15 minutes 30 seconds East to the shore of Lake Lydiard; thence southeasterly, along the shore of Lake Lydiard, to the east line of said Government Lot 1; thence South 0 degrees 36 minutes 41 seconds West, along last said eat line, a distance of 480 fed, more or less, to the southeast corner of said Government Lot 1; thence North 89 degrees 34 minutes 51 seconds West, along the south line of said Government Lot 1, a distance of 1335. 14 fed to the southwest corner of said Government Lot 1; thence North 0 degrees 18 minutes 21 seconds East, along the west line of said Government Lei 1, a distance of 74L40feet to the point of beginning. For purposes of this description the sou/n line of said Government Lot 1, is assumed to bear North 89 degrees 34 minutes 51 seconds West. # A '72- LAKE I IRON DESCRIPTION OF PARCEL C: That part of Government Lei 4 Section 36, Township 118. Range 23, Hennepin County, Minnesota, described as follows: Beginning at the northwest corner of said Government Lot l; thence South 0 degrees 18 minutes 21 seconds West, along the west line of said Government Lot 1, a distance of 582. 74 feet; thence North 37 degrees 03 minutes 07 seconds East, a distance of 45.63 fed; thence North 15 degrees 12 min Wes 51 seconds East, a distance of 158. 42 fed; thence North 51 degrees 48 minutes 47 seconds East, a distance of 139.55 fed; thence North 71 degrees 15 minutes 30 seconds East to the shore of Lake Lydiard; thence northeasterly, along the shore of Lake Lydiard to the north line of said Government Lot 1; thence North 89 degrees 16 minutes 32 seconds West along the north line of said Government Let 1 to the point of beginning. For purposes of this description the south line of said Government Lot 4 Is assumed to bear North 89 degrees 34 minutes 51 seconds West. I hereby certify that this survey was prepared by me or under mydirect supervision and that I am a duly Registered Land Surveyor under the Laws of the State of Minnesota. Mid this 29th day of November, 1984. Revised this l8th day of March, 1985. E G A N. F I E L D & N 0 W A K, I N C. Revised this l7thday ofApril, 1985. Surveyors ... �,.� ,,... Cc 7 fir. by rN,,, 1^J NOTE: Bearings shown are assumed. Minnesota Registration No. 9053 1 oYU