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HomeMy WebLinkAbout07-13-1987 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, JULY 13, 1987, 7:00 P.M. l*) Asterisk items a_e considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Discussion will be held upon request. Memos regarding each of the Agenda items are available in the Public Packet which may be obtained upon request from the Recorder. ROLL CALL 1. CONSENT AGENDA* 2. Presentation/Recognition - William "Bill" Carlson ? Oath of office - Of f i :er Dan Fi schen i ch 4. 7:00 P.M. - PUBLIC HEARING - COUNTY ROAD 116 APPFMAL OF MINUTES * 5. Regular Meeting of June 22, 1987 (Delivered ti Council 7/6/87) PARR COMMISSION COMMENTS - Robert Kost Chairperson 6. Livingston Tower Park Plan * 7. Public Information Meeting on Hac,kberry Skating Rink PLANING COMMISSION COMMENTS - Jeffrey Johnson Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZTEfi AMNMINISTRATOR' S REPORT * 8. 1842 Bob Zimmerma in, 3415 Crystal Bay Road - Request for Minter Variance Revision 9. 11122 Big Island Veterans Camp - Board of Governors - Conditional Use Permit - Resolution *10. i1128 Rainey Anderson, 780 Old Crystal Bay Road - Preliminary Subdivision - Referral Back to Planning Commission 7/20/87 11. #1133 Betty Miner, 3860 Bayside Road - Subdivision of a Lot Line Rearrangement - Resolution 12. 11143 Donald Wildman, 745 Spring Hill Road - Conditional Use Permit - Resolution *13. i1144 J. William Cragg, 735 North Ferndale Road - Final Plat Approval - Resolution *14. 11149 Scott Vickerman, 2500 Sixth Avenue North - Conditional Use Permit - Land Alteration - Resolution 15. 11153 Richard Erickson/Julie Corty, 1295 Sixth Avenue North - Variances - Resolution 16. 11154 Paul Vitko, 80 Cygnet Place - Conditional Use Permit - Resolution 17. i1155 'Lloyd Draper, 3955 Webb Street - Variance - Resolution 18. 11156 Lloyd Draper, 1929 Fagerness Point Road - Variances - Resolution 19. #1157 Walter F. Krake, Jr., 1 380 Rest Point Road - Variance - Resolution 20. i1159 Franklin Groves, Jr., 215 Hollander Road - Conditional Use Permit -• Resolution �1. 11160 Millard Bury, 2695 Casco Point Road - Variance - ?resolution 22. #1161/1162 Randy We*strand, 525 Orchard Park Road - Variance Ce"Itional Use Permit - Resolution 21. 11163 McDowe 1 l.'Woodhi. l l Country C 1 ub, 1 21., 5 Woodhi 1 1 Avenue Preliminary Subdivision - Resolution 24. #1164 John McDowell, 405 Tonkawa Road - Subdivision of a Lot. Mane Rearrangeweynt - Resolution AGENDA FOR COUIC1I. ME", ING SET FOR MONDAY, JULY 13, 1987, 7:00 P.M. MAYOR'S REPORT CITY ADMINISTRATOR'S REPORT 25. Forest Arms Purchase Agreement 26. 4545 Wayzata Boulevard 27. Marketing City Objectives Program 28. Authority to Hire - Part Time Police Officer 29. Truck Restrictions - Selected Routes *30. City Facilities Study (Table to 7/27/87) *31. Carol Hansing - Retroactive Vacation and Sick Leave 12. Permit for Buoy at 1420 Shoreline Drive 3. Linda Freeman, 3415 Eastlake Street - [folding Tank Review •j4. Part Time bark Employment Confirmation *35. Golf Course Garage *36. Assessment - Developer's Fees/False Alarm Fees - Resolution *37. 571 North Brown Road - Hazardous Buildings - Nesolution *38. Administrator's Information 1st English Lutheran vs. Los 1,rcieles County - Legal Summary Marina Regulation Goal Setting 3946 Sixth Avenue North 200 Hollander Road City Hall Parking "Bridge" CITY ATTORNEYS REPORT 39. Marcel Uittrich, Shad ywood :?mad - Executive Sessien LICENSES (40*) HILLS (41*) ADJOURNMENT 7787.1 TO: Mayor and City Council. FROM: Mark Bernhardson, City Administrator DATE: July 7, 1987 SUBJErT: Extension of County 116 Public Hearing 7:00 P.M., July 13, 1987 Attachments: A.City of Medina - Orono Extension 0116/Willow Memo Dated 2/4/87 B. City of Medina - Orono Extension N116/Willow Memo Dated 2/12/87 C. County 116 Memo Dated 3/2/87 D. City of Medina Letter to Medina Residents Dated 2/12/ 87 E. City of Medina Letter to Mark Bernhardson Dated 5/20/87 F. Letter to Henn. County Dept of Transportation Dated 6/23/87 G. Thomas Crosby Letter to Orono Council Dated 3/13/87 H. County Road 116 - Set Public Hearing Date - July 13, 1987, 7:00 P.N. Memo D-ted 5/28/87 I. Petition From Medina Residents to Orono Council Dated 6/21/87 (Petition previously distributed) J. Hennepin County Letter Dated 7/6/87 ISSUES - Determine if the extension of County 116 from the Medina City line to Highway 12 along the current route of Wi 1 low is in the best interest of the City of Orono. INTRODUCTION - For several years the City of Medina has been looking for a route that generally runs north and south through the center of the community. they have looked at this issue oven ten years ago, but it was dropped at that time. Medina has a population of about- 2,800 and therefore under the 5,000 limit for Municipal State Aid funds. Because Medina does have a landfill in the community and because Baker Park Reserve is predominantly in their community, the expectation of them quickly developing to reach the 5,000 level is expected tc take a considerable length of time. For these reaso-is the City of Medina again al.3proacheri the County last year to see if the County would be wit ling to fund the balance of 116 through Medina. It is the County's feeling that they are wi l l inq to qo ahead with this, but that their policy is that a County road should extend from one State Highway to another which entails extending 116 from Highway 55 all the way down to Hiqhway 12 (see map on Attachment D). Extension of --ounty 116 - Fublic Hearing July 7, 1987 Page 2 of 4 The City of Medina began consideration of their project last fall and after considerable discussion a d exploration of a City funded alternative for such a route it was the Medina Council's determination that they would request Hennepin County to extend County 116 through their community. (As noted in Attachment I a number of Medina residents remain opposed to this extension. Staff has informally asked that the Medina residents use only one spokesperson at the Orono public hearing to express their position.) In order for the Council to gain input particularly from th.-)se in the Willow vicinity, Council voluntarily established a public hearing for this evening at their June 8, 1987 Council meeting. As this is a County project Ted Hoffman and Bruce Po 1 aczyk will be present to make a presentat on and respond to questions from both Council and those in attendence at the public hearing. DISCUSSION - As noted above the City of Medina through this project will be able to gain a north -south route through the middle of their community where one currently does not exist. As they are not able to gain MSA funding this represents a way of paying for a substantial exnense without a burden on the Medina taxpayers. (It should be noted that the County directly receives money for MSA funding that can be utilized for communities under 5,000. In addition to having the County construct the road the City of Medina does receive the benefit of having the County maintain it through their community.) The residents who are opposed to the extension in Medina have indicated their opposition in that they feel that the wideninq of the road through the community will negatively impact their current situation by: A. Disturbing the rural nature cof the community in which they chose to live. B. Additionally generated traffic particularly expecting additional traffic coming from Highway 94 using 116 as a short cut down to the bake Minnetonka area. The project in Orono would entail an expansion of the right-of- way from 66 feet to 80 feet with an expansion of the travelled portion by approximately 4 feet on each side south of County Quad 6 to 9 feet on each side north of County Road 6. Residents most affected are the three residents just north of county road 6. It a rural section of roadway is constructed in the arPr just north of County Road 6, the (itches would be very clo-e to the residents' homes. Extension of County 116 - Public Hearing July 7, 1987 Page 3 of 4 Advantages Orono could seek in this matter would be: A. Installation of at least a 4 way stop at County Road 6 and Willow Drivo. B. The installation of a step light at Highway 12 and Willow to improve the situation that has been of some concern for a number of years. (Part of the Highway 12 corridor study was installation of a traffic light at Willow as part of the development and this project may put that on line more expeditiously with a different funding arrangement.) The Highway 12 issue is one of: A. Timing - Will the approval of the project speed the placement of a stop light on Highway 12 B. Cost Sharing - Will the cost sharing of the light given the fact that Willow Drive would now be a County Road be better than if left as a City street. The County presently is proposing stop signs for traffic control at both County Road 6 and Highway 12. C. Removal of approximately 3/4 of a mile from the City's Municipal State Aid System for maintenance and snow plowing, and allows the City to, if desired, designate other areas for the MS. ad fund monies. Concerns related to the extension include: A. Impact of the width principally for the residents on the north side of County 6, but to a lesser decree those to the south depending on which way the improvement is made from the current center line. B. Amount of traffic expected to be generated by this proposal. Presently Willow south of County 6 carries approximately 1,600 trips per day. It is estimated that 116 will increase trips along Wi 1 low in Medina from 1,400 to 3,000. Presently there is no estimate of traffic increase on Wi 1 low in Orono. C. Speed limit. - presently the limit is 40 miles per hour. Future speed limit on an upgraded Wi 1 1 ow Pri ve is presently anticipated going to the road design speed of 45 MPH. The City, as noted ;n Attachment F, has asked the County to address a number of issues with the xesponses being found in Attachment J. Exten3ion of County 116 - Public Hearing July 7, 1987 Page 4 of 4 Should the Council be interested in the extension, the City staff would explore with the County the following items: A. Timing of traffic control on County 6 and Willow Drive. B. Installation of a traffic light at Willow and ll, at least temporary lights, with the cost to eventually be borne by the County and the State within one year. C. That the width issue particularly north of 6 be addressed by utilization of an urban section of road (without ditches) so that the improved portions of the road do no encroach as much into those lots. (This could shorten up the impact of the road from approximately 70 feet to approximately 40 feet.) D. When the County would anticipate take over. RECOMMENDATION - Following the presentation by Hennepin County, together with the public hearing and hearing any concerns any Council members may have staff recommends that the issue be tabled to the August loth meeting to research issues the Council may have on this matter. PROPOSED MOTION - Moved by _ , seconded by _, that following conclusion of the public hearinq and discussion by the Council members on the issue that the matter be tabled until the August 10, 1987 meeting. Ayes Nays _ cc: City of Medina City of Long Lake Ted Hoffman July 8, 1487 To the for City of Orono Attnr Council Nsnuberm also P.O. Box 66 crystal Bay, mn. 55323 Gentlemen r We feel that, the extension of county road #116 will have a neg,ative effect on our property cnc+ the entire area and wish to voice our disapproval of this project. Sincerely, ZrLp+'tI L H. RdLLTa �1S ' ' CORr= W. ROLLINGS VHR rC ]rR 1296"1.8 TO: Mayor and City Council 1 1� 11 FROM: Mark Bernhardson, City Administrator,` DATE:: February 4, 1987 SUBJECT: City of Medina - Orono Extension #116/Willow Attachment: A. Preliminary Layout CSAII #116 B. Gerhardson Itemo Cty 116 Dated February 4, 1987 ISSUE - Identification of issues and concerns Orono has related to the possible entension of County 116 from its intersection at Highway 55 to Highway 12. INTRODUCTION - The City of Orono has been recently contacted by the City of .iedina an it has been indicate,l they have -igain requested that the County look at extending County 116 gown willow to, at least County Road Six, if not Highway 12. It is their feeling at this time althou,h he expenditure is --.ot a programmed expenditure, that the County may be interested in doing this for the City, as a quid pro quo for their ongoing landfill. When this was last considered by the City of Medina in 1983 people of Ile(lina south of County 24 along Willow objected to it, however thofie north of County 24 were generally in favor of it. As noted c the map this would provide the only direct north -south link for the community apart from County 19, which is on the western edge and segments of Willow that weave back and forth in the community. DISCUSSION - The City of Medina invited Orono to be attendance at their February 3, 1987 informational meeting on the matter. John Gerhardson was in attendance at that meeting and relayed the following issues and concerns that the City of Orono may have in relationship to this proposal. - Estimate of increasErA traffic in Orono - Impact of status cif wi 1 lc,,w is a 'Municiha 1 ;Mate Ail] street (MSA) - North of Six - 13etween Six and Iliclhway 12 - Attende•nt traffic: control imprcvemnnts at: - County Road Six and Willow - Ilighway 12 and Willow - Impact con proposi�d t ront aqv road system ntir t h cif Eiighway 12 - Impact of traf f. is can Highway 12 - Extension of physical portion of Willow as to: A. Traveled portion (traveled portion is presently 24 ft. with 3 ft. shoulder width south of County 6 and 20 ft. north of County 6) expanded to 8 ft. shoulders similar to Willow south of :•latertwon - Ditches would also be included if a rural section. A. Right of :day increase from 66 to 80 ft.) As an Alternate to usi:ig Willow as County 116 the County may explore use of Old Cryi;ta 1 Bay Road from County Six south. This could provide for a County Road all the way down to County 51. Issues include: impact on traf f is and ;, _dth Signalization improvement at Old Crystal Bay Road Impact on frontage roads This alternative however, ie presently not an option considered ''iy the County. Ti: is anticipated that this would ;probably take 2 to 3 years before it is funded together with another 2 to 3 years of construction to complete the road. While it is anticipate, that such a route would serve as -A cut - across ')etween Highway 12 and Highway 55 it is not anticipated that the amount of additional traffic would probably not be su')stant is 1. The significant issues for Orono arp as frjllc.ws: 1. Impact of increased traf f i(- on: a. Residents abutting Willow b. Major intersections along the rv_te - County Six - Highway 12 - North frontage roads 2. Conversion of pc;rtion:i :_f Orono -ounty roa�!s. 3. Funriing source for necessary traffic control improvements should the extension be made. As this change would be par tia1ly in C)rono, Medina wil l be formally requesting orono':s appr(.)vaI shouI(I they vote to go ahead with it . RF..COMMENDATTON - Gi ven the f v,t that th i s wou ld be a sign i f icant north soutfici;ute through the community t(� assist both police an<i fire access in the Medina c ommuni, y an l to some degree not in substance Oifferent to the north south route& Orono has in 01A Crystal Bay Road, Wil low anti North anal ,"outh Rrcwn that Orono not object necessarily to the extension. Orono needs to look for ways to have the impact such an extonsi( n mit igated. Absent a good estimate of what increase in traffic that this would create apart from improved interse--tional control at various points it is difficult to suggest other improvements to mitigate such. It is recommended any other issues or concerns to staff and that this be brought back at your Februury 23, 1987 Council meeting for further discussion. PROPOSED MOTION - Moved by , seconded by , that this item be tabled until February 23, 1787. Ayes i, Nays cc: City of Medina City of Long Lake Roge r II i Z ••' M•iM facer U.0.. �w % M E • N r t t Oad 1 t � i r z , • ��. t St Hag S �� 1 w • 'TO: Mayor and City Counci l FRO�1: Mark Bernhardson, City l,dministratr� DATE: February 12, 1987 S111?J1'C1r: City of Medina - Orono Fxtention #116;Willow Attachment: A. City of Medina - Orono Extention #116/Willow Memo Dated 2/4/87 S. Present Traffic Counts - Proposed Layout ISSUE - Discussion by Councilmembers as to concerns they may have relate(? to the extent ion together with laying oat. the process for Council's further consideration of the matter. INTRODUCTION - Presented as a consent item last time was a memo related to the extent ion of 116. At the public hearing that Medina had on the matter on February 3, 1987 they chose to table the ratter until March 17, 1987. DISCUSSION - Attachment B outlines present and anticipated traffic counts to give Councilmumbers an appreciation for the impact of this change on residents abutting Willow Road. While it is anticipated that traffic would increase along Willow it would not be a direct shortcut between 55 and 12. The shortcut however may be 116 to Tamarack south to County Six, particularly if the .stretch of Tamarack north of County 24 was paved, this i., a concern because of the current concern related to the intersection at Tamarack and six. It is our present understanding that the County desires that 116 continue down Willow to Highway 12 rather than going over to Old Crystal Bay Road. An additional indication has been given to the City that the Cc:unty would work for signalization of Willow at Highway 12. If Willow were currently a County road two of the four legs for payment of signa'.ization would ..,e the States, one the County's and the fourth Long Lakes, with Orono gearing a portion of the Count/ and State shares. There is a concern that there may be a nr.ed for signalization at that intersection primer to County takoover and ti-.at this would have to be worked out with the County for payment/reimhursement of su;h an action. It additionally is anticipated that stop signs would have to he installed at rounty Six and Willow together with traffic control at the prop -)sod frontage roar]. RECOMMENDATION - It is recommended that the City table further c3WITc%ra-F1—cT of 116 until +he C itv of Me,:ina has undertaken formal action reclardinq this matter. once such action is taken it is recommender] that a put,I is hear into t,e esta:)l ished by the Orono City Council with notification goin,j to all abutting property owners on Willow Drive. Given that no formal action has yet been taken regarJing this natter and the City anticipated development of the corridor which may necessitate some improvements anyway that the Highway 12 Corridor Comp Plan Amendment not incorporate any anticipated change for possible extention of County 116 at this time. PROPOSED MOTION - Moved by , seconded by , to table this matter until formal action is taken by the City of Medina. If such action directs 116 to be established by the County, staff is then directed to establish a public hearing on this matter and notify all property owners abutting Willow. (Including all resic'ents whose access is onto Willow within four weeks of receiving notification from the City of Ifedina.) Ayes +, Nays cc: City of Long Lake City of Medina 11 To: r4ark F. IwrnIiardsoii, c'i' y J+(ln,i nj f:t i zit()," From: John R. Gerhardson, Pui-)lic t.Qrks Coorcliiiator' Date: February 4, 1987 Subject: Proposed County Road 116 On February 3, 1987, I attended a public information meeting at the Medina City Hall. The purpose of the meeting was to discuss tr.e proposed extension of County Road 116 from State Highway 55 south to S`.ate highway 12. The upgrading of the road is being promoted by thq City of Medina because presently there is not an adequate north -south road through !Medina and city roads are being used which in turn is causing extensive maintenance costs. If County Road 116 is constructed it will be paid for and maintained by Hennepin County. As you can tell by the attached information, the extension of County Road 116 has been part of Medina's and Hennepin County's Transportation Plan for several years. however, it is Hennepin County's position that the road will not receive consideration uniess it is extended further south to State Highway 12. Previously all proposals indicated construction of the road to end of County Road 24. During the presentation by the Medina Engineer and Hennepin County it was determined that the design of the road would be an 90 foot right-of-way, 24 feet of driving surface with 8 feet bituminous shoulders, the design speed limit would be 45 MPH but the Minnesota Departm! nt of Transportation would have the final say about what a safe and reasonable speed limit would be. Currently the traffic counts on Willow Drive between County Road 24 and County Road 6 are approximately 1,400 VPD (vehicles per day) on the south end and 1,900 VPD at the Orono/Medina border. Hennepin County estimates that when the road is completed traffic counts may be 2,500-3,000 VPD. There are no plans for signalization at County Road 6 and Willow Drive but a traffic signal at Willow Drive acid Highway 12 is a probability. Following discussion by the audience, the Medina Council voted to table the matter for six weeks to allow time for more information to be received from residents abutting the pronc..sed or existing roadway. Tr. lassen ake a • P ° �.I y u 2� m �1 �� v Holy Name 24 _ Lake ll Mooney \` \\, Lake ,a..."` Lydiard c 12_ _° Lour Lake o V Lon ' Long Lake r9 0 Had'�y w 17 I a IS,_il, r - P ' cl K e, a� I I w •Ifs '' ,r � IT ro o f � f D 14 4 For S, ror sl I I. f 0 C7Isleld " ��Lake !V g E PROPOSED CSAH 116 EXTE ,��� PROPOSED ALIGNME 0 r i T IVA °one d lj ( � � OIL/(► \ lIi! r _ KC,,.C, •, I CP O 00+.r � o � \ O O, • Cal' - / � , O p/� jR I N G E R 5ryll W 00 �•, / •, ' plc � \ `��� � I r•-�' � � `' ..._ M f i--v— c4 w•►--r �} J` �•� 'Rill qs wGoo s 54 I - I f' f ' • t n -- -- r � ABM 9�0; `, n.. ��, i r BLJrr NGTON — NOnT11D 1N— RAIAOAD - �. C] POSSIBLE SEM/Pq,),eE ;; ''�.*••r. SCHEME ONEITA AV / - I DEVELOPMENT SUNI,AARY i "~� : ; '� .• � -� *'� _ I �' I • ' a ' li .51 .:. . Single Family 83.7 AC. Town Homes 18.4 AC. Multl•Famlly 18.7 AC. _�-T�• i o- Commercial 25.9 AC. Institutional N.0 AC. open Space 27.2 AC. City of Orono FLO.W. 11.2 AC. 181.OACRES i-11GHWAY 12 COFWNX)R STUDY �^ rM .or. �1•.• ��� M 3287.5 TO: Mayor and City Council FROM: Mark Bernhardson, City Administratorcyn^� DATE: March 2, 1987 SUBJECT: County 116 Attachment: A. Attorney's Opinion Dated 3/1]l87 ISSUE - Transmission of information to Council regarding its rights vis-a-vis the County relatii.g to jurisdiction over a current M.S.A. street. INTRODUCTION - At Council's last meeting the issue of 116 being extended from Highway 55 down to Highway 12 along Willow was discussed. At that meeting the issue regarding the City's ability to prevent Hennepin County from taking over the Orono section of Willow, should they desire to build it, was discussed. It was requested that the City Attorney research the issue. DISCUSSION - Based on a review by the Attorney it is our present un erstanding that while the County may have some authority in taking over the road from the City as it currently exists, a M.S.A. street, the legality of the situation would require a court hearing on the matter. Additionally since the road request is one initiated by the City of Medina and not Hennepin County it is not anticipated that the County would not force the issue and may drop the entire project if Orono is in opposition. RECOMMENDATION - That the Council accept the information from the C yrAttorney and that upon Medina taking formal action on the matter a public hearing be scheduled for the City of Orono. PROPOSED MOTION - Moved by] 7, seconded by 1 yv, to accept the Attorney's information on the matter anP ''table a matter until a future public hearing. Ayes, Nays \ 1 M E M O R A N D U M TO: Mayor and City Council Members FROM: City Attorney RE: Extension of Willow Road DATE: March 11, 1987 Issue: At the last Council meeting the City Council requested that I provide you with some information regarding the process by which county state -aid highways (CSAH) are designated and the City's ability to affect that process. Analysis: Minnesota Statutes §162.02 Subd. 7 states that the County Board of any county may establish and locate a CSAH upon or over any established road or street or a specified portion thereof within the County's limits. The statute does provide, however, that no CSAH can be established or located within the corporate limits of any city without the approval of the governing board of the city. Minnesota Statutes §162.02 Subd. 8 amplifies the approval requirement by repeating the necessity of council approval set forth in Subd. 7. Subdivision 8 reads as follows: Approval by City. No portion of the county state -aid hiyhway system lying within the corporate limits of any city shall be constructed, reconstructed, or improved nor the grade thereof changed without the prior approval of the plans by the governing body of such city and the approval shall be in the manner and form required by the commissioner." Minnesota Rule 8820.0800, Subpart 1 prescribes the procedure for route designations. Subsequent to County Board and City approval, the highway or street selecti3n must be reviewed by the district state -aid engireer of that area who in turn will forward a recommendation to the Commissioner of Transportation. Upon preliminary approval by the Commissioner, the county board can establish the routes ty designation. Only after resolutions of approval are received from the co;-nty and city, can the commissioner give final approval to the designated route. Conclusion: The city can approve or reject the designation of Willow Road as a CSAH. Therefore, the power to deny imbues the city with the power to negotiate with the County should the Willow Road designation be unacceptable. KAB/11/3048A cc: Nancy Husnick City of Medina FEB 2 3 icg7 2052 County Road 24 H2=1, Minnesota 55540 February 12, 1987 Dear Medina Residents: The Medina City Council held an informational meeting (.)n 'Tuesday, February 3rd to discuss the possibility of approving an extension of Co. Rd. 116 through the City of Medina. The proposed alignment is designed to connect Hwy. 55 to Hwy. 12, as shown on the map on the reverse side. At the meeting the City Engineer presented the following information: 3+ miles of City street would be transferred to the county highway system; Cost of constructing 111 miles of new road would be approximately $415,000 with the entire cost of construction being borne by Hennepin County; a north/south road had been included in the cities Comprehensive Plan. Benefits o; the project would be: faster response time by emergency vehicles; a safer road than city streets because hills would be cut do1.-n and curves straightened; less use of city streets by north/south traffic. Ted Hoffman of Hennepin County Transportation explained that construction would consist of a 9 ton road similar to Co. Rds. 24 and 19 with two-12 ft. lanes and paved 8 ft. shoulders on each side. After designation as a County State -Aid road, the estimated cost of 2' million dollars for the entire project could be taken from State Aid -funds. The County would then put the project into its 5 year plan and detailed design work could commence. The road would be constructed to a 45 mph design with stop signs placed on Co. Rd. 116 at Co. Rd. 24 and Co. Rd. 6 with signals at Hwy. 12. Various city residents spoke in favor of, and against, the construction. Sc". of the favorable comments were: The inability to travel on Medina Rd. during the spring, mud season; the ability to move emergency vehicles through the City in a faster, safer manner; a north/south road through the City is inevitable when consideration is given to there only bein, Co. Rd. 19 and Hwy. 101 which are north/south routes but are 7 miles apart; the ability to have a through road at no expense to residents; the need to upgrade Willow Dr, in a few years at a cost of $100,000 to $200,000, assessed to city residents. Opponents expressed the following concerns: A corridor between Hwy. 55 and Hwy. 12 for the benefit of others; a major road through the middle of the city would alter the rural atmosphere and hasten development of the city; an increase in truck traffic; conveniencA for commuters, rather gran residents; traffic speed will increase; the city is being asked to approve a 24 foot wide road, which is wider than the new city road width policy for rural residential roads. The City Council agreed that the magnitude of the proposed road warranted notification of all residents and business owners in Medina and request that written coments by forwarded to City Hall prior to their next. discussion of the matter on Tuesday, 4arch 17t at 8:00 P.M. Yours truly, CITY OF "tE'DI!%1�O444Z Dar= §Whl, Mu%-TtyfunW ..i �' '� P���.1�.� t f�' ' 1•.k �f'����•.`' � Ramsey 94, 41 Hassan t Dayton r i fl ./ /• � '.•, "'tiro. ". Cor� an Gr enf ield�,,L ,i;o vi�j�i8 u Ovcs' 49 t _ :» .... �• ! -eJ. �i. _.� -r:1 •.tea t. Medm, i •M- PI i out 4 1enCe ....I�...- _. 1. � t�. a .. _..—. .. L• •trista — } 4 7D fw�Pvr<J■nv wHAC WEST HENNE►IN RECYCLING GLASS *clear,green or brown *separate by color *rinse *remove all metal and plastic caps, rings or lids NEWSPAPER *bundle and tie with string or *put in grocery bags or *put in closed cardboard boxes *phone books with covers removed BATTERIES *must be clean i *caps on tight Now can I help to reduce our dependency on landfills? (By 1990 recyclables WILL NOT BE ALLOWED in landfills) RECYCLE: Please save the items which can be recycled and bring to a convenient site near you. REDUCE: Try to buy food and liquids in containers which may be recycled and reused. REUSE: Please find homes for good reuseable house- hold items and clothing at Goodwill, Salvation Army, garage sales or friends. TIN *rinse out *remove ends (save.too) *flatten by stepping oft *remove labels ALUMINUM *rounded bottoms *non magnetic *r►r.se out *flatten ty stepping vn CARDBOARD *flatten *bundle with string *about 3 ft.sq. in size *Newspapers also may be taken to the Orono Middle School parking lot at any time. -THANK YOU FOR HELPING TO KEEP OUR ENVIRONMENT A SAFER PLACE TO LIVE - Mitt - Ilmdey - friby $tee M - 41M M Hadine City Hall 2e4t City Ad t• 1 site .dtt of willow all let SATttAMY of the NMTN t:eWt -11:ee Open Le►ette - Ise Aellwoy, at - of titer a Pool Cllwok May t mot . f Feb. 1 Jwnwe a set. 11 Patch 1 July • Nee. 1 April • A". 1 01011. t Seed SAtN ah" of am NsMH g: oom - la t N Cato NePle P1016 - 1yr1. Nele PlOd oMNM - " It Ird Mf1~v of tb McNIM a-ealw - I1w011 ah.o a INIS Middle teheel Per•lee Lot - " It t old Cr"tel Veit Nd Mar 15 Sept. 10 re•. at June to Set. 11 lWah a July to Ntar, to April Is Awe. IS eat. 19 446 aAWWT of 00 N im e•ewl - 1t:N tteee beerre - Alwe'e Mar Yet• Cty M 19 a cty Ad 1t NIPY ! se". It fob. 1• Jere If ats, N NertA 16 .ele It New. 14 At:r 11 I; Alto. I bee. in am, t1 May 11 Hat. N rM. as Jlrwe 1/ Set. 16 lyreh to Jely at Cleo. as Apr II IS Awe. It ten. N City o, Med' 2052 U.. Road 2 Hamel, Minnesota 55 May 20, 1987 Mark Bern;iardson City of Orono P 0 box 66 Crystal Bay, MN 55323 Dear Mark: MAY 2 21987 j,,if Enclosed is a copy of a letter sent to Hennepin County regarding Medina's approval of the Co. Rd. 116 extension through the city. I presume the County will be contacting O.70n0 for approval of extension to Hwy. 12,so if there is any help that we at Medina can give you, ,.-lease call. Would you keep us informed as to the procedures the City of Orono is following with regards to this project. Yourri truly, CITY OF MEDINA Donna Roehl, Clerk -Treasurer City of Medina 2052 County Road 24 H2mc1, Minnesota 55340 Ma-Y 20, 1987 Hennepin County Department of Transportation 320 Washington Ave. Hopkins, MN 55343 To Whom It May Concern: At their May 19th City Council meeting the Medina City Council approved the extension of Co. Rd. 116 through the City of Medina according to Project 7735, prepared by your department; that is: south from Pinto Dr. (Co. Rd. 116) at Hwy. 55, connecting to Medina Rd and continuing to the Orono/Medina boundary on Willow Dr. We request that you proceed with design plans for construction of the road so that the actual construction can be7in as soon as r-iss ible . If anyone in the city can be of any assistance please do not hesitate to call. Our office number is 473-4643. Yours truly, CITY OF MEDINA Dunn-► ftcxhl, Clark -Treasurer C: Commissioner Robb Vern Genzl inger City of Orono City of :A3nq lake cITYt.r ORONO [lost Office Boa 66•( ystel Bay. Minnesota Su.3230Municipal Offices On the North Shore of Lake Minnetonka June 23, 1987 Hennepin County Department of Transportation 320 South Washington Avenue Hopkins, MN 55343 Attn: Ted Hoffman, Chief Design Engineer Dear Ted: On July 13, 1987 at 7:00 p.m., the Ci" y of Orono will conduct a p• •lic hearing in regards to proposed County Road 116. We are reqt;3sting you to give a brief presentation on the fallowing: 1. Where the new road would start at the north and where the road would terminate at the south. Initially the road was to terminate at County Road 24. 2. Why there should be a County Road 116. 3. Roadway design - rural or urban. 4. Type of traffic projected to use and proposed average daily traffic counts. 5. Intersection control at County Road 6 and Highway 12. 6. Cost to the City of Orono. I am sure there will be other questions asked of you at the public hearing. If you have any questions or comments, please feel free to call me at 473-7357. Sincerely, X" John R. Gerhardson, Public Works Coordinator JRG/tln sUILOM A tt1N94G - f 71.73S7 • ADUP40TRATWH t / hAW-F 473-7338 • IUSLK WMILS - 471.7 m* ArsMUa MAR I i 1987 1612 Willow Drive Long Lake, MN 55356 March 13, 1987 Members of the City Council Of Orono City Hall Crystal Bay, MIN Members of the Orono Council: I am sending to you a copy of my letter to the Medina City Council concerning the proposed expansion of Route 116 by Hennepin County through Medina. Hennepin County proposes to take over 116 through Medina and through that portion of Orono north of Highway 12. It is my understanding that Hennepin County loses interest in the north/south route once it combines with Highway 12. Although I am a resident of Medina, I believe that the cor,cer_.s set forth in my letter should be of interest to the City of Orono. I am aware that portions of Willow Drive south of Highway 12 are improved to, I suspect, County standards. Other portions, notably south of Fox Street, are not in condition to accept much traffic (which is the way I hope they will stay). In any event, I could see Route 116 becoming a major tho:)ughfare which could Chang, substantially traffic patterns within the eastern portion of Orono. I would hope that Orono would determine that the expansion of Route 116 is not in its best interests and would communicate that sentiment :o Hennepin County and, perhaps, to the Medina City Council. Sincerely, Thomas M. Crosby, Jr. TMC/kls Enclosure 1612 Willow Drive Long Lake, MN 55356 March 13, 1987 City Council of Medina City Hall County Road 24 Hamel, MN 55340 RE: Route 116 Members of the Council: As you know, I spoke at the public hearing in February concerning my objections to the County's taking over Route 116 and making it into a major north/south route through Medina. I will be unable to be at the meeting on March 17, 1987 and would like to reiterate my reasons for objecting to the road improvements. The Primary Beneficiaries of the Road Improvements Will Be Residents of Cities Other Than Medina. Route 116, if completed as proposed, would provide a major, straight road between Highway 12 and Interstate 94. As such it will provide a relatively unencumbered and new way for trucks, commer:ial traffic and the heavily populated Lake Minnetonka areas to access 94 as well as a more convenient way than now exists to access Lake Minnetonka from the North. When one considers the fact that I-394, when completed in 1992, will bring traffic very efficiently to the east side of Long Lake, the expanded Route 116 has the possibility of being a third belt line in the manor of Route 100 and Highway 494. The fac^ hat the County plans a 40 foot paved surface (a -)ot road and two 8 foot paved shoulders) indica, at it has grand plans for this route. Finally, uy giving the road to !Hennepin County, the City of Medina will lose all control over virtually all aspects of the road. Emergency Uses Theoretical. One of the often mentioned reasons for the road is to permit emergency vehicles to serve all areas of the City through a north/south route in the Biddle of the City Council of Medina Page 2 March 13, 1987 City. Medina receives its fire and health services from providers located on each of its boundaries. For example, Long Lake serves the southern portion of the City. The only centrally located service is police which utilizes vehicles generally not hampered by less than optimum road conditions. Further, cooperation from other police departments is usually available. In my eight years on the City Council, I do not remember one instance in which the inability to travel city roads was cited as a factor in aggregating injury or loss of property. Consequences of a Major Road. I fear that construction of a major road through the center of the City in areas which are primarily rural and residential may change substantially in a relatively short period of time the nature of the City. I acknowledge that the ultimate result and the opinions about the ultimate result are highly subjective. I ask, however, that the City Council consider seriously the consequences of such a road. I agree that the residents of the City living on Medina Road are entitled to better road service than presently exists but believe that there must be a better way of providing that service than asking Hennepin County to solve what is, essentially, a local problem. Over the years Medina has been an exc..11ant corporate citizen of the metropolitan area. Baker Park is the largest land mass in the City and does not pay taxes. Woodlake Sanitary Landfill is one of the largest businesses in the City but does not pay fees sufficient to compensate may residents for the aggrevation caused by the traffic and the litter commensurate with one of the metropolitan areas major landfills. Both of t1a foregoing projects benefit mostly residents of other communities. I do not believe that money (even if it is Hennepin County's) needs to be spent to construct a road which would solve some of Hennepin County's long range problems and, perhaps, solve some of Medin'as short range problems but, ultimately, be problematic for the residents of the City. Sincerely, Thomas M. Crosby, Jr. TMC/kls cc: Members of the City Council of Orono CoAnnissioner Bud Robb 52887.6 TO: Mayor and City Council FROM: Mark Bernhardson, City Administratork`j 3.5;;1•.�t DATE: May 28, 1987 SUBJECT: County Road 116 - Set Public Hearing Date - July 13, 1987, 7:00 P.M. Attachment A. City of Medina Letter Dated May 20, 1987 ISSUE - Establishment of a public hearing date to consider authorizing the extension of County Road 116 along the current route of Willow Drive between the City's northern boundry south to Highway 12. INTRODUCTION - As noted in Attachment A the City of Medina at their May 19th Council meeting approved the extension of County Road 116 through the City of Medina from Pinto Drive south to the Orono/Medina border on Willow Drive. RECOMMENDATION - It is recommended that the City establish a public hear ng for 7:00 P.M. July 13, 1987 for consideration of this matter by the City Council. PROPOSED MOTION - Moved by _, seconded by , to establish July 13, 1987, 7:90 P.M. as a public hearing to consider the extension of County Road 116 along Willow Drive north of Highway 12. Ayes _, Nays _. CC: Commissioner Robb Vern Genzlinger, Hennepin County Transportation Dept. Ted Hoffman, Hennepin County Transportation Dept. City of Medina City of Long Lake 1462 Willow Drive Long Lake, MN 55356 June 2.1, 1987 TO: ORONO CITY COUNCIL We feel it is important for you to be aware that the action taken by the Medina City Council on May 19, 1987, in appro•iing the extension of County Road 116 ci__d_not represent the views of a large number of Medina residents. At a hearing and open session, many Medina residents firmly stated their strong opposition to the road. In March of this year the Medina City Council was presented with petitions (copies of which are enclosed) containing 352 signatures of Medina residents against the proposed county road extension. 352 signatures secured in a one -week period of time is a very significant number in a small city where 972 ballots were cast in the last general election. Our position is that the western fringe of the metro area is a very desirable area in which to live because of its natural beauty, pristine character, and low population density. Cc:,nty Road 116 would not benefit local residents. As the enclosed map shows, it would serve as a north -south link originating at I-94 in Rogers and dispersing outside traffic through th.� residential areas of Orono. Although Medina City Council's argument to have the County pay for building and maintaining a road may seem appealing, we think that it will bring undesirable economic and other consequences: increased car and truck traffic through Orono, additional noise, more congestion and pollution, increased boat -carrying traffic to and from Lake Minnetonka, and hazardous conditions for bikers, joggers and walkers. We urge you to say "no" to this intrusion into your area and would appreciate an -opportunity for Polly McCrea, a spokesperson from our group, to present our point of view at your July 13th public hearing on County Road 116. MEDINA CITIZENS OPPOSED TO THE EXTENSION OF COUNTY ROAD 116 290"3x To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. e MCI N /1 c-_ c, c /�, b,, it'. c-. , 1 5 Y �(oo s Q�-lcl��cL •Pc'. � !: y 6-y.o-J.-lr, -� 'I All /U To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. N,r Address ae so or QA, T it u,z . k f RYA �.oc E� o •- 5 2 MM,M�.L ,vE sfitzr"' (''PiAL �Ml.' ,....s�, ,�'D � w� �• � / ,�1�...�ii ��f c ,1.,.1_r� ,J��.... � �a _ice v U r�.��..w► r i�.w.sAl w.. a-m- IA P- a q q UJW q r � 02l2s `I To the Medina City Representatives: March, 1�37 4 -j:> i r- I oppose the extension of County Road 116 through Medina as presently proposed. '- do -1 17 .--S �A I ;1 L� — f ',P •�--t/ }' .� , lUA'%LL4i /mil � sf•L d i.,L �c r �7'.�'.kS 4 7,3�,Lc [� c —!1 - C� �-y yry � `� :. / L✓ �Y ' 1 ^,t,''�,vlA�y� �,(.� LNG I ji 't �-.� ,l. 4 �h. � , .r.LJ -ti...� T . N. -S . «' L�--�- dy 0282z �V'1�1'--- %,J !)1IUe.-- Vks'-'r\-` To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. r �/ / , A h fl. c �' C, l• ' C ? .� i.! ,1 1LV iI i I P/ �� ; ► !'//• �/i`/_,ET (/ ;"L, t' ' •V.�y; u ti .zkcS Lbr4uai Off.— VY 4&�kLg tly L 1 ay-c ' - ILA'► CIL�itLtt �tl _ SS. 1�60 .�( l C 2-OO'-LAd-S7 Jr i a �►�-+l`�nil�� r=\ L ►V i ASV 0282A P E T I T I O 11 Willow Drive -North of County Rd. 24 "I have signed my name below as a prcperty owner and/or registered voter in the Village of Medina. I am opposed to the extention od Hennepin County Rd. 116 as it will pass through the Village of Medina and Fish to be placed on record as such." Name Address Comment 3, To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. Name Au ess Reason 0262: I To the Medina City Representatives: March, 1987 1 oppose the extension of County Road 116 through i-l%.nina as presently proposed. Name Address Rea:ion Le 0282a To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. Hamg Address ReasonAlp 1 0=8Z: To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. HAMS Addresa Reason 02822 To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. k �. \- � � ,tern vc • 1 74�64 ;�� n ��is .s w,� :��•: ,-;fc 6.�� ram.,.- �c.r_ •.V Ott I'd -f c- c 1' yAe" mot .uu..r.a-..� — c,,�s.�4�0�(��G. /5► I Is I 41nkr (k z n. i 1�•C r C,;�,i.y4 CuY.tS� L.�'JL �Z - ,�� W.e 1144 .stL-o ' %ram �" 'ru': ' 'LU u : J. r 02A2: To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. 1 r%'Kkk iIJCREI4S��TRgGFIC AID SPCCb � ' a,�?SUJ L4Dw � tKPPC'r CAI euvIRDuMENr ,S.QQ�u)�P. �� �v�'Vuewrtx•�. �"`'�t 00 G 3.2 PAP ii i6 t it d ' e/ 11,22Al. Lf /1/..-., o282z To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. Name Address. Reason I,, - I iV , A 'r` er, V"nTef to(- r\ r, Wii �K5'S"r�wr�l,.u�' 0282z J." ,wlcew •� 7 ,fir. cam.. IE Z�: s � a%a.• TDv .►tac..�, Me J"na_ li��E Je " tQ� 92( a p„ t {�- -- 7 t - s is O1N1NO U !t• To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. 1 c,;a hL►-"j 14,A !"*1^41 fil it1A� 11.c��J.v j TO /or-, 1JSItc ------ r Ts the Medina City Representatives: March, 19t7 I oppose the extension of County Road 116 through Medina aF, presently proposed. co 0 zq willow I(N • & - senwes _.4s u/s ad"*, -I at - ^ 4 m Ljg1 n.,.e�� -, ^1LK—.111f.�—`�-�Rr • , M ri � ,. 17 whd�N.,C., o282s To the Medina City Representatives: March, 1987 I opposo the extension of County Road 116 through Medina as presently proposed. �i �_5"7rrH•,+r..tc K D2 �loT Gcoy A7v^ /' E&Xr3-- / 7 i Oe- ISAS `jJfL A'r'iw.�i e 02622 To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina 3s presently proposed. �-A.L-Oja P 0282x To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina presently pr,posed. Name ALIdress geascn Yi r^- / _Aa.L C �+-�,,�.� _= •is /Cc-r.��..<..c G-L�.., .�z-�-,�. _ �•2a-y-, _-za���. Xv Li) l To the Medina City Representatives: March, 198' ppose the extension of County Road 1.1_6 through Medina a:. presently proposed. Name Addle- "AIDA i yy ic:.. ��� 01/ lar -- — ; 0282z To the Medina City Representatives: i• .- 1987 I oppose the extension of County Road 1.16 through Medina as presently proposed. ESACO'l 7}/E v.vifit �.w► LICK- VAA- -7.t2 V, i- GkI ��� , ,. ► � � Lima i'���._+�...r i2 � �. To the Medina City Representatives: Mar:.-h, 1987 I oppose the extension of County Road 116 througi. Medina as presently proposed. 1 r k.� ! (� �f� I tall uv�l `CCz.2_.�. l �� `�U `. VP Is 7S wj C,dzJ Z)✓. / �55 1AAcw fir. '.s s w, i4) -j 6 r Ten r- Fi Cc �- SNCL1) t (WEA4L0 Tea ��,c. e-cc:k � inowcASe, iced In rcaC. A,o 0282Z To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. Addres C- L C- � 0212X To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. I Address Reason D e ,, ,WI A q-'.2s To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently propcsed. Name Address Reason 02i2z b To the Medina City Representatives: March, 1987 1 oppose the extension of County Road 116 through Medina as presently proposed. Name Address Reason s _ , 31 C. _ a LQ. 1 !J �L y 1 To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. Name Address Reason zL-M S��M<0. �oMS=�_ c�X = SS �J: DEPARTMENT OF TRANSPORTATION 320 WasNngton Av, South HENNEPIN Hopkins, Minnesota 55343-8468 Lf Li 935- 3381 Mr. John R. Gerhar&on Public works Coordinator City of Orono P.U. Box 66 Crystal Bay, Minnesota, 55323 CSAH 116, COUNTY FIRO'FCT 7735 Dear John: A .Jt�1987 In regards to the questions you posed in your letter of June 23, 1987. I can provide the following responses: 1. The limits of the project are TH 12 at the south and Tower Drive (just south of TH 55) to the north. 2. It is in accordance with the Hennepin County Transportation System Study, developed in 1976. This study recommended roadway systems throughout the entire County based on anticipated transportation ,ieeds. 3. The proposed roadway would be a rural Design The state aid rural standard for traffic volumes over 1000 ADT require two twelve foot lanes and eight foot shoulders. 4. Current traffic project•ons are not available at this time. Hennepin County has recently hired a consultant to update traffic projections throughout the County. 5. The intersection control at CSAH 6 and TH 12 woul,+ be stop signs. The interse.-'tions would be continually monitored to determine if a traffic signal is warrantee!. 6. Based on the construction of a standard rural roar.;, t1— only anticipated cost to Orono is 50 per cent. of adJitional right of way. An estimate of right of way costs has not been done at this time. If you have any questions, please feel tree to contact me at 935-3381 Sincerely, �ll ore J. Hoffwan,' P.E. Chief Design Engineer UV: Oak HENNEPIN COUNTY (in aqua+ Upportunity 0 n0ove; CITY OF EDIN 2052 - County Road 24, July 13, 1987 TO: ORONO CFN COUNCIL, Hamel, MN. 55340 13 ,5$7 The Medina City Council requests that Orono Council approve the proposal from Hennepin County to extend County Road 116 to U.S. Highway 12. Wt.en completed, this road would connect Hwy. 55 and 12 with a road tl.at will be designed to easily handle the traffic volume that already exists. Medina reasons for approving this road Ire: 1. 116 extension has been on the County Plan and Medina Comprehensive plan for many years. 2. Increased traffic volumes due to development, bot.1 in Medina and neighboring cartmunities. 3. Medina has undl•rtaken a road rebuildiing program at great expense to the residents, 116 will alleviate many of the existing road problems, thus reducing costs to Medina. 4. kr alternate pla was attempted by Medina, but cost being too high. 5. An alternate route for 116 was discassed with no other practica: route available. With the completion of #116, Medina's zoninq regulations will not change, nor will new areas of tho City be opened up for development. Thank you. Medina City Council AnNIN11,1RAI MM 0 P1. AN. ik Vi t ,4"1 N! 9 pum i' WORK',: 4?4-&,,43 1'llfiL l: ' AWY: 471-4'09 I462 Willow Drive Lonc; Lake, MN 55356 June 21, 1987 TO: ORONO .: I TY COUNCIL We feel it is important for you to be aware the action taken by the Medina City Council on May 19, lia' )proving the extension of County Road 116 did not repres< v'ews of a large number of Medina residents. At a henring and open session, r*any Medina resider►tz, ii:raly stated their strong opposition to the road. In March of this year the Medina City Council was presented with petitions (copies of which are enclosed) containing 352 signaiirres of Medina residents against the proposed county road extension. 352 signatures sec —red in a one -week period of time is a very significant number .n a small city where 972 ballot: were cast in the last general ection. Our position is that the western fringe of the metro area is a very desirable area in which to live be^ause of its natural beauty, pristine character, and low popuial-ion density. County Road 116 would not benefit local residents. .,s the enclosed map shows, it would serve as a north -south link origir!ating at I-94 in Rogers and dispersing outside traffic through the residential areas of Orono. Although Medina City Council's argument to have the County pay for building and maintaining a road may seem appealing, we think that it will bring undesirable economic and other consequences: increased car and truck traffic through Orono, additional noise, more conae:tion and pollution, increased boat -carrying -raffic to and from Lake Minnetonka, and hazardous conditions fur bikers, joggers and walkers. We urge you to say "no" tc this intrusion into your area and would appreciate an opportunity for Polly :McCrea, a sv,)k�sperson from our group, to preserit our point of view at your �'u?y 12 public hearing on County Road 116. MEDINA CITIZENS OPPOSED TO THE EXTE.NSIOn OF COUNTY ROAD 116 2903x To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. Name Address Reason r FON 82a To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. Name Address Reason l/G1cc_ Ali l�.cc-L /'PY/S— C�iclln./ ��K. "� -- �_ 7`��4L it 2.k 7 C i L L� Lt u L _ {� — r-V n rt c. a., . , . 'f s '1 0-,S N ��r. -- L�Ls1;la�,ls a in (�tn �a z... _ .o - ..?.. . .sw .., IN s P&E-Alt 0282x 17. To the Medina City Representatives: March, 1987 ai:-, y c_-, I oppose the extension of County Road 116 through Medina as presently proposed. .i f 1" < : l .J. = /72,75 I-A.,w .; `%ice`//�-,� " ;,. • �• .� � �/�-/_/�,- � l! .-�-���� _ A ' ' 0242s To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. �(. � � .� � �� � '�i'ti i�v, � �. � j ' � ✓fir l L^�� c1 P Eta � � < ,' :' • �_ i 1 � � � ll,; 1 � -, . 1 ICr�l Ci-&A Inc_[ O?b -j -7 Oc- Z-LvSr'�•���1 ti1i r rr 444 F �)SA'a NEti �i1R 1 J o282: P E T I T I O N Willow Drive -'.North of County Rd. 24 "I have signed my name below as a property owner and/or registered voter in the Villaqe of Medine. I am opposed to the extention od Hennenin Courty Rd. 116 as it will pass through the Village of Medina and wish to be placed on record as such." Name Address Comment 4416t :-mac i.... / •�. % � ��-� !_ , �i %.�_�. ,� � �, �/� � �� � �1��a�_ a 8�S � ' ,G►i , 3• To the Medina City Representatives: March, 1987 2 oppose the extension of County Road 116 through Medina as presently r:;,tosed. Name Address Reason 3 S- ✓� f� G -1/ To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. 111�mt 8ddies.1 Reason 02622 To the Medina City Representatives: March, 1987 1 oppose the extension of County Road 116 through Medina as presently proposed. ^^Name Address Reason �,i/► 0282= To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. Nuns Addrraa Ran A2a2w To the Medina City Representatives: March, 1997 i oppose the extension of County Road 116 through Medina as presently proposed. � % , - r/��Vl,- C�(' u,1Gt-,c"t' � T��t��c Cate.�.r• \ r%".� �.�L- s��•sc.. , \ L �i ,-, _ < Y•�[ :,•r r_ C, l�. —.: l i< _ _`fA_ J �.i t.-l-.: � OW V /t . ILL 1� 1 a ��" `/'�^ rR '/L L % �✓ � �V�!/ T K' �r n•.. � /� .:i�. j �. rt � `,� -UsLL �4 :- Zr fir Y • 1 v. r c•'� c.� • e c c.. 4011 IA ��t �uu•«•.. , - = lay C .i. h• „ 1, D i i L t� h C 1 1 r �1t� it'*:e�- - f-�?— +uz'H i��' o2e2a To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. u- Re-ason �tJCQE14SGDTR�ACFiL ia►uD sPFFD �e 94 7St�UlU-o�� �R HPwcY oW ekmgpgMEN-r- eC r Iwo-, (v .� i i 44. r 1 6 7 leW , -dw N A)dfb", 1a�c_.e✓ iv-Z4. - elf_ f�?►�.�►- Snv21l<< toad 'itw W-`"7 ij 4u•rn.j,, A'. a/CAnMe' f� l ^�tom/...� �7 �t:t.J[iu 4• a af'ASgr J i_'4 , fa. ` - - I — 02A2: To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. rmj I =O-Fo, bI _, V iiI /tfVl 47. O%Ialm L� 1 J Jl ��Mw ts?t� �•- �� Water tc� R� 5 ce led d �4 _del �� • L l 6 � � r( �1 . •i 'i l� G. aav ... � i GE+• Tarr, 1t.!« ')46'> wt ry �r Nl.`�- r P". 4'1,cu k ••t s LS 1/.ny �} r #4 To the Medina City Representatives: March, 1987 I oppcse the extension of County Road 116 through Medina as presently proposed. r / 1 IBC, e j i),jL_��� 'q .. r 1. ! , ,- -,< , , . t •: E." /7_111 A, /< ee" r- • LC' AVE VET d ,r 2 L�tA•c o 02d2Y 3 k4) _0 2 To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. M h�) WI I O W S Novi sefzves 4 S OU%S adva kft'AP L mac_ at _3 o f i G R.a ;L TO Mug H y 0 C°a t Y nusK� 0 I'rC S Ich✓ /� �2 /-�.r►lc i TU4� II AAk 4 C� I, � 'LAW t �tK� J T �N GGLa.0i4•s.s 'A !{� To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. 420)i/r.0- IC /. To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. ,, �.) AL Lso, i�! t ��►� Jr- To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. Rya Address Reason / f CtO— ee I.L- A Aa � ..1" .1 l 02.2X To the Medina City Representatives: March, 1987 I JpP030 the extension of County Road 116 through Medina as presently proposed. Name Address Reason i d 0282x To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. /2 Y L A4."rbi,.r.S / . ae� a - f' L IlA2hu,:k LAS -7 v ez- Reason "_aaAeAl "Ole �L/y� tcCL.soCe� n sL � ,aci ir.L.a-tt-t4 r,'V --I 0282x U To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. C I U aL W r / 455 W�Qr'Lu� 7r i7s5 l� it 1-2-c, xb QCuAllfl4 A r- F cc �'CL�� l/UCi1 ASL�� c6, c., +- Sye.ec� 'ino „,ced incrca;C_ r oz82x To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. l �� ,y ✓ lam.! �` iego �• l'"�i�1 Ci L.� rr%i / �� �.rz.,_.� , / 1 r +,,, , � •��.,.s.�+- ��'�� l�"�•- � ��Cr � rl 1}f- i 1,�(j_'_/ lIV � _' �;'Q�1C'. NCiil. To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. 3D) Lov4t V �� l • ` J �_ 0282x To the Medina City Representatives: March, 1987 I oppose the extension of County Road 116 through Medina as presently proposed. Name Address Reason 02623 To the Medina City Representatives: March, 1987 1 oppose the extension of County Road 116 through Medina as presently proposed. Name Address Reason AZI Cr .04 'i "��+- To the Medina City Representatives: March, 1987 I oppc-ie the extension of County Road 1.16 through Medina as presently_ proposed. Name Address S — "% t-#%c.11 ^O %%%-Z 3n - (, V-a ?� Reason EX,C--1.%\"_. Roge r" I of I Low /Xi !, _.._• @LONG Err Law 4M4 w �31 ---- -------- 32 ----fit---� �,' � 16 Yman 0`4 !l�.wRra i '� � • Qft a , \ y ., • 3 R O N o. w. No" mamma � - - - � - � 1►0 ' , � ble Arm Sam" /A N ILA • _ w•... Arm Crowd •- M � � •..... dw 22 V ' Si l v v000 A soft am Mee+-; - 1aCi �- JUV�1 (Vtt'r� t,(_ I-Itu �5 ns Q d AISo� Ct_ , LAI 1�i ' 3 73f� k 44 JL)OI Cc County Rd. 116 (''C00 , cr., We the undersigned are NOT in favor of the extension of County Rd 116 and hereby petition the City of Orono to oppose this extension. Address Telephone (42 IJ z1ZL� VOL J 4SIB Ie% 76 -Z-L'51 72�_S AaINtiDuiV WAS- Zf7b -0 � �5 cN 15. 16. 17. is. 19. 20. County Rd. 116 We the undersigned are NOT in favor of the extension of County Rd 116 and hereby portition the City of Orono to oppose this extension. Name Address Telephone ��rr Y� �f 105-Z�ar Z, /0 (ou KfY ;cam- it C-1 �Z County Rd. 116 We the undersigned are NOT in favor of the extension of County Rd 116 and hereby petition the City of Orono to oppose this extension. Name L 1 C 2. Lul�►- 4. 5. 6. 7. 10. 12.CG°1'G�to�- 13. 14. 15. 16. 17. 18. 19. 20. Address Telephone % `W 3 � H y 5 Uj0dkcLVt., rj% 4 75 - CA el`IY'f haven k�- y 75 Oi b ir, 413-9971 WOO(YA"at.- /✓/' SAL L' County Rd. 116 We the undersigned are NOT in favor of the extension of County Rd 116 and hereby petition the City of Orono to oppose this extension. C Name 1. N. Ric9z RE Address �l �Sy►�k�-� L� a r� -% .-k 1, /l L, •/ " W rr-% n 1 11 O Ar -•'�'f? 5 Telephone Y73 ---�a3`)3 L `T 3 71,7 !JZ -1A5j Z7_3 County Rd. 116 We the undersigned are NOT in favor of the extension of County Rd 116 and hereby petition the City of Orono to oppose this extension. Name Address Telephone �n ci;�76 County Rd. 116 We the undersigned are NOT in favor of the extension of County Rd 116 and hereby petition the City of Orono to oppose this extension. u...- 1 2 3 4 5 6 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Address Telephone �. / ( County Rd. 116 We the undersigned are NOT in favor of the extension of County Rd 116 and hereby petition the City of Orono to oppose this extension. Name Q Address n Telephone , 2 i, Lk 4. 5. 6. 7. S. 9. 10. 11. 12. 13. 14. 15. 16. 11. le. 19. 20. County Rd. 116 We the undersigned are NOT in favor of the extension of County Rd 116 and hereby petition the City of Orono to oppose this extension. N 2. 3. l li� 15. 16 17. is. 19. 20. Address Telephone -2 G S J r 76 rlS �o County Rd. 116 We the undersigned are NOT in favor of the extension of County Rd 116 and hereby petition the City of Orono to oppose this extension. Name 2 3, 4 5 6 7.X. � i• . . I -)I!t 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Address Telephone Y 7 3 -0 3 7 8' iva v yo, CZ . 7-76 L/ t ! / eft MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 22, 1987 ATTENDAW-P 7 : 0 0 P.M. The Orono Council met on the above date with the following members present: Mayor Grabek, Councilmembers Goetten, Peterson, Callahan, and Sime. The following represented the City staff: City Administrator Bernhardson, Public works Coordinator Gerhardson, Assistant Planning & Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Blatz was also present. CONSENT AGENDA* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to ipprove the Consent Agenda* subject to removal of the following items: N26-Budget Education Meeting - requested by Mayor Grabek 027-Municipal State Aid Construction Interest - requested by Councilmember Peterson Motion, Ayes 5, Nays 0. APPROVAL OF MINUTES* It was moved by Counci imember Goetten, seconded by Councilmember Peterson, to approve the Minutes of the June 8, 1987 Council Meeting. Motion, Ayes 5, Nays 0. LAKE MINNETONKA CONSERVATION DISTRICT REPORT LMCD Representative JOEllen Hurr was present and reported on the following issues: -The proposal to reduce th . night time speed limit on Lake Minnetonka did not pass. She was in favor of the proposal. -LMCD Budget will be re,.iewed at their executive meeting. She voted against the budget stating it was "too much". -A Manaqement Executive Session meeting teen scheduled for July 11th. -Gayle's Marina was not in compliance with ei,, the de-icing permit or fencing the docks ends required, they are working on a settlement. of these issues. -They are currently working on a "dry stack" storage ordinance. -Public Officials boat tour is scheduled for August lat. Servinq also as the Metro Waste Control Commission representative, JoEllen Hurr reported there is a budget meeting scheduled notinq she is not entirely in favor r,f the proposed hudget. There will be a local budget hearing for this area on July 9th at 7:30 A.M. at the Layfayette Club for breakfast. 1 MINUTES OF THE REGULRR ORONO COUNCIL MEETING HELD JUNE 22, 1987 LMCD REPORT CONTINUED Mayor Grabek asked about the status oil' the Minnehaha Creek Water Shed District regardinq a LMCD seat; and also the current lake level. PUBLIC C01610 S Ms. Hurr stated there has been no response regarding the LMCD seat; regarding the lake level the lake would have to rise approximately 1' before any water would f low over the dam; Minnehaha Creek is presently dry. City Administrator Bernhardson asked about the status of the airport issue. Ms. Hurr stated that the Metro Council Systems feels an airport should be located in this area using the rationale that 45 minutes to the existing closest airport is too far. The systems committee does not agree with this rationale feeling that existing airports could be enlarged. -Curt Quady, 1223 Brown Road South, stated that his lawn still does not have a gor 3 growth; and has not yet received the report on the Crystal Bay sewer project costs. City Administrator Bernhardson stated that they are still working on the report. Regard-' g the grass, Public Works Coordinator Gerhardson stated that they have been watering but with the dry conditions cannot keep up with it, and are still working on it. Maria Robbins, 900 N. Brown Road, asked to be updated on the status of installing a stoplight at the intersection of Willow Drive and Hwy. 12 in light of last year's fatal accident and noting last weekend's accident involving three Orono High School students. City Administrator Bernhardson stated that prior to the fatal accident last winter, the Long Lake Chamber of Commerce Task Force sent a letter to MnDOT r,,tquesting a stop light at that intersection. MnDOT denied the request because they felt the intersection did not meet the necessary w,-rants for a stop light at that location. Because of the most recent accident, Orono along with Long Lake will again be requesting MnDOT to review this intersection for a stoplight. He noted that a petition would be helpful.. 2 MINUTES OF THE REGULAR ORONO COUNCIL MELTING HELD JUNE 22, 1987 PUBLIC COMMENTS CONTINUED City Admir;ist-,,tor Bernhardson reported to the Council the accidei- at occurred on Friday where a northbound car on Wil. Drive had stopped at stop sign and pulled out after eastbound traffic cleared and was hit by a westbound truck. All three juvenile occupants of the car were, as of yesterday, in intensive care but may have been upgraded t: stable condition. One victim was operated on to repair internal damage, the other two sustained head injuries. Fortunately, all three were wearing their seat belts. ZONING ADMINISTP-ATOR'S REPORT: #1020 SUBURBAN HENNEPIN PARRS* 2665 NORTH SHORE DRIVE CONDITIONAL USE PERMIT RRSOLUTION #2203 It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2203 granting conditional approval of the Noerenberg Park Master Plan as revised and granting a hardcover variance in the 0-75' lakeshore setback zone. Motion, Ayes 5, Nays 0. 11119 M. DUNCAN MaCMILLAN 1700 NOR STREET CONDITIONAL USE PERMIT RESOLUTION #2204 Present for this matter were: Duncan MacMillan, Attorney Todd Andrews, and Contractor Jim McNulty. City Administrator Bernhardson reviewed the application for a conditional use permit to construct recreational facility and caretaker residence. Substantial agreement on most of the request has been considered, staff is recommending the insertion of the 13.5 acre area minimum in the resolution. Additionally, since the last review, Mr. McNulty advises that due to mechanical design revisio.is in the final building plans additional square footage is requested. Also, applicant has submitted proposed language regarding the covenants as it relates to future subdivision to be inserted in the resolution, however, applicant is willing to withdraw the languaqe from consideration but would like to make a statement in relationship to future subdividability of the property. Jim McNulty stated that the plan requires an additional 500 s.f. to provide a room for an 11,000 lb. pressure tank for the required sprinkler system, noting that there is no uther adequate space within the existing plan to place the large tank. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 22, 1987 #1119 NacMILLAN CONTINUED Councilmember Goetten found it difficult to add more square footage noting that an architect could re -draft the plan to provide the room for a tank within the original proposed square footage. Councilmember Peterson concurred with Councilmember Goetten. Attorney Todd Andrews stated that they were originally concerned about the potential subdividability of the property even though that is currently not their intent which was the reason for submitting some additional language to be inserted in the resolution. However, after speaking with the City Attorney Blatz, they are willing to withdraw their request for insertion of the proposed language. City Attorney Bl , commented on her discussion with Mr. Andrews, pointing out that regardless of how the language was drafted it really is essentially meaningless because you cannot bind futare Council's action. It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution #2204 of approval amending it to include the additional increase of 3% (50G s.f.) square footage. Noting the inclusion of the 13.5 minimum acre statement. Motion, Ayes 3, Nays 2. Counci lrr ,mbers Callahan and 'eterson voted nay. Councilmember Peterson was against the additional 500 square footage. Councilmember Callahan voiced his feelings at the last review. #1122 BIG ISLAND VETERANS CAMP* 9O11R1 OF GOVERNORS - LOT 1 CONDITIONAL USK PERMIT RESOLUTION - TABLE UNTIL JULY 13, It was moved Councilmember July 1?, 1987. #1126 RAINEY ANDERSON* 760 OLD CRYSTAL BAY ROAD PRELIMINARY SUBDIVISION TAIS A UNTIL JULY 13, 1987 It was mr,ved Councilmember July 13, 1987. 1987 by Councilmember Goetten, seconded by Peterson, to table Application $1122 until Motion, Ayes 5, Nays 0. by Councilmember Goetten, seconded by Peterson, to table Application #1128 until Motion, Ayes 5, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 22, 1987 1152 FRANC JANECIIT 3145 NORTH SHORE DRIVE VARIANCE RRSOLOTION #2205 Frank Janecky and contractor, Fred Royle, were present for this matter. City Administrator Berr►ne rdsor. explained the request for an average lakeshore setback variance to construct a second story deck noting that the remodeling of the house results in a decrease in 75-250' hardcover from 33.9% to under 25%. He noted that it was his understanding of Council policy on hardcover that if the amount of hardcover is reduced below the allowed levels, no hardcover review is needed. The Council concurred in this interpretation of Council intent. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2205 approving the variance per staff recommendation. Motion, Ayes 5, Nays 0. Councilmember Goetten noted her appreciation of the reduction of hardcover and the improvement on the property. # 11 SS ROBERT P . SCR>IITT 147S SWRSLIRB DRM CONDITIONAL USE PXRMIT/VARIANCE RMSOLOTION 12206 Robert S::hmit.t was present for this matter. City Administrator Bernhardson explained the request for a conditional use permit and variance to allow the following work in the ?akeshore yard: 1) replace existing concrete pads, 2) remove a non -conforming structure in the lakeshore yard, and 3) re -grade in the area of the shoreline to remove the berm created by ice heave over the last 20 years. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to adopt Resolution 02206 approving the conditional use permit and variance as proposed. Motion, Ayes 5, Nays 0. # 110 S JAMBS Xlc_ 1 N * 3175 JAMESTOWN ROAD FINAL 89WIVISION RESOLUTION i2207 It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution t2207 approving the plat of Liberty Acres Second Addition for James and Mary Ann McGowan at 3175 Jamestown Road. Motion, Ayes 5, Nays 0. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 22, 1987 MAYOR'S REPORT: Mayor Grabek had no report. ADMINISTRATOR'S REPORT: CONPREHEMSIVE PLAIT AME IDNENT #2 City Administrator Bernhardson noted that the Comprehensive Plan Amendment #2 (Highway 12 Corridor study) was tabled from April. Staff recommends approval of the Comprehensive Plan Amendment as recommended by the Planning Commission subject to the following changes by staff: 1. MUSA line include all of Area 3. 2. A statement that indicates the land use issue at the time of rezoning will be reviewed for compatibility to other development in the Orono/Long Lake Highway 12 corridor. Mayor Owen Smeby and Attorney Arlo VandeVegte from the City of Long Lake were present for this matter. Mayor Smeby noted their concern with the downtown development and effort to make Long Lake a better, safer, and healthier place to live. Attorney VandeVegte referred to his letter dated June 18, 1987 outlining additional reasons for annexation of the sewer plant property. He did not feel a joint Council meeting would prove productive, however suggested a joint staff and Mayor's meeting to further discuss the issues. Candace Noot, Plymouth, a prospective Orono property buyer inquired about the future of routing of Highway 12. City Administrator Bernhardson explained the future MnDOT plans for re-routing and expanding Highway 12 which are entirely speculative at this time. Rollie Lacy, 1555 Orono Oaks Drive, stated that he hoped communication between Orono and Long Lake would remain open and would like the cities and residents to reach an acceptable compromise. Joe Reis, 720 Dickey Lake Drive, s ated that he hoped the criteria for commercial development would be sensitive to issues such as bufft-:inq etc. from the existing property owners, and further suggested that these issues be mentioned in the comprehensive plan amendment. 6 MINUTES OF THE RBGULAR ORONO COUNCIL MEETING HELD JUNE 22, 1987 COMPRBHRVF E PLAN AMWIDNENT f2 CONTINUED City Administrator Bernhardson stated that once the plan is adopted and sent to the Metro Council, staff will then start to work on language for the zoning standards in the corridor addressing, specifically, requirements to protect the residential from commercial areas. It was moved by Mayor Grabek, seconded Councilmember Sime, that the Council adopt preliminarily the Comprehensive Plan Amendment #2 as amended, including a statement concerning impact of re -zoning on Long Lake, Orono, and residents; and that it be forwarded to the Metropolitan Council and other affected jurisdictions for their review. Motion, Ayes 5, Nays 0. TANG LAKE REQUEST FOR ANNEXATION City Administrator Bernhardson explained the issue of determining the City's position reagarding annexation proposal offered to Orono by Long Lake regarding the following properties: -Highway 12 Corridor, north side of Highway 12 between North Brown Road and Old Crystal Bay Road. -Long Lake Sewer Plant property Attorney VandeVegte expressed Long I.ake's desire to get together to discuss the issues further. It was moved by Mayor Grabek, seconded by Councilmember Sime, to direct staff to communicate to the City of Long Lake it's appreciation for the offer of a friendly annexation, but it is the Counci l's direction at this point that annexation be rejected and that should at some future time an annexation be deemed to be in the best interest of the City of Orono, that it then be considered at that time. Motion, Ayes 5, Nays 0. CITY FACILITIES CONSULTANT SELRCTION* TABLE UNTIL JULY 13, 1987 It was moved by Councilmember Goetten, seconded :3y Councilmember Peterson, to table this matter until Julr 13, 1987. Motic;n, Ayes 5, Nays 0. FOREST ARMS PURCHASE AGREEMENT AMENDMENT Mayor Grabek removed himself trom the Council during this matter because of his involvement. He turned this matter over to Acting Mayor Callahan. City Administrator Bernhardson explained the proposed modification of the Fore.t Arms purchase agreement to allow for reduction in semi --annual payments by the pro- rata share of any pre -payments. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 22, 1987 FOREST ARMS PURCHASE AGREEMENT AMENDMENT CONTINUED Councilmember Peterson felt that the Forest Arms Homeowner's Association should be charged for the legal services to change the contract. Councilmember Sime disagreed with Councilmember Peterson because he felt the change was due to an oversight in the original purchase agreement. James Grabek, 960 Forest Arms Lane, explained the history of the property and events leading to the purchase agreement. Councilmember Goetten stated she could not make a decision without more background information and talk to others involved. She also noted that the Comprehensive Plan states this property is a public park, and should perhaps be amended. Acting Mayor Callahan felt that the background information would not effect this issue of method of application of payments. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to table this matter until the July 13th meeting for more information. Motion, Ayes 4, Nays 0. Mayor Grabek abstained from voting. APPROVAL OF POLICE INTERNSHIP - JOHN ELDER It was moved by Councilmember Sime, seconded by Councilmember Goetten, to engage Mr. John Elder as an intern in the Police Department for a total of 360 hours between 1 July 1987 and 1 October 1987 to be done on a voluntary basis o Mr. Elder and not to conflict with his role as a Police Rcserve or as a Community Service Officer. Moiton, Ayes `, Nays 0. AUTHORITY TO HIRE TEMPORARY PARR MRINT MANCE PERSON It was moved by Councilmember Callahan, seconded by Councilmember Peterson, that Council acknowledge information regarding hiring of a temporary parks maintenance helper at their July 13, 1987 meeting. Motion, Ayes 5, Nays 0. AUTHORITY TO HIRE TEMPORARY SEPTIC i ZONING AIDE - MARY JO KNOTT Jt was moved by Mayor Grabek, seconded by Councilmember Goetten, to approve the hiring of Mary Jo Knott to serve as an aide for the Zoning and Septic Departments as a full-time temporary employee for the period beginning June 23, 1987 through October "?, 1987 at an hourly wage of $7.00/hour. Motion, Ayes 5, Nays 0. 8 MINUTES OF THE RBGULAk ORONO COUNCIL MEETING HELD JUNE 22, 1987 CONFIRMATION OF EMPLOYMENT -* DAN FISCBEHICH - POLICE OFFICER It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to confirm the hiring of Mr. Dan Fischenich at a rate of $2,365 per month effective July 1, 1987. Motion, Ayes 5, Nays 0. ADDITIONAL 1987 DEPOSITORY -* RESOLUTION #2208 IC was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2208 making additional depository appointment for 1987. Motion, Ayes 5, Nays 0. WILLIAM CAMSON RESIGNATION -* RESOLUTION 12209 It was moved by Councilmember Goetten, seconded by Councilmember Peterson, that the Council accept the resignation of William Carlson effective June 30, 1987; and extend its gratitude by adoption of Resolution #2209. Motion, Ayes 5, Nays 0. 1986 FINANCIAL AND AUDIT REPORT* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, for Council to accept 1986 Financial Report and approve the summary for publication outlined in Attachment B. Motion, Ayes 5, Nays 0. 4545 WAYZATA BOULEVARD* TABLE UNTIL JULY 13, 1987 It was moved by Councilmember Goetten; seconded by Councilmember Peterson, to table this matter until July 13, 1987. Motion, Ayes 5, Nays 0. 1985 ,.AIL ORM BUILDING CODE ADOPTION -* ORDINANCE AMEND=VjL - ORDIWUWR NO. 37 SBCOND SERIES It was moved Councilmember Ordinance No. version of the Ayes 5, Nays 0. by Councilmember Goetten, seconded by Peterson, the Orono City Council adopts 37 Second Series to adopt the updated Minnesota State Building Code. Motion, LIQUOR OPEMATIONS -* INCENTIVE OPERATION STATEMENT - JANUARY - MAY 1987 It was moved by Councilmember Goetten, seconded by Councilmember Peterson, that the Council accept the preliminary liquor store operations report for the period .January through May 1987. Motion, Ayes 5, Nays 0. 9 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 22, 1987 INCENTIVE PAYMENTS - LIQUOR EMPLOYERS* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, the Council of the City of Orono authorize the following bonus payments in accordance with the incentive program established in Resolution N2149: Lorraine McGowan $117 + $500 = $617 Pat Higus $ 47 Dian Ehrenberg $ 47 Blake Theis $ 23 Cris Fink $ 23 Rosemary Burmaster $ 23 Motion, Ayes 5, Nays 0. CONFIRMATION OF LIQUOR STORE TERMINATION* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to confirm the termination notices for the liquor store employees including Lorraine McGowan, Pat Higus, Dian Ehrenberg, Blake Theis, Cris Fink, and Rosemary Burmaster. Motion, Ayes 5, Nays 0. SODGXT EDUCATION MEETING - JULY 9, 1987 - 7:00 P.M. It was moved by Mayor Grabek, seconded by Councilmember Sime, that the Council set Thursday, July 9, 1987 at 7:00 P.M. as the date and time for the Budget Education meeting. Motion, Ayes 5, Nays 0. MUNICIPAL STATE AID CONSTRUCTION INTEREST - RIMLUTION #2210 Councilmember Peterson questioned the status of previous years without this fund. City Administrator Bernhardson stated that the account had been bui 1 ling interest off of one Municipal State Aid monies for a number of years, however, staff was unaware that they cou l,' detach that interest from the base part of the money and use it for other than Municipal State Aid purposes, if the City so chooses. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution 12210 establishing a Road/Bridge Account within the PIR Fund. Motion, Ayes 5, Nays 0. BID AWARD - PARES UTILITY TRACTOR* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to award the bid for one utility tractor only Model 755 John Deere to Rortuem Sales i Service, Maple Plain, MN for an amount not to exceed $8, 590. 1 0. Motion, Ayes 5, Nays 0. 10 UTES OF THE RNGULAR ORONO COUNCIL MEETING HELD JUNE 22, 1987 ADMINISIMATOR'S INFORMATION:* It was moved by Councilmember Goetten, seconded by Councilmember ietzrson, to a, ept Ldministrator's information regarding: Drug Enfo. :ment Follow Up, South Brown Road, Private Road - North Ferndale, 200 Hollander Road, and 3965 Sixth Avenue North. Motion, Ayes 5, Nayc 0. CITY ATTORNNY•S REPORT: City Attorney Blatz briefly reported on a recent decision handed down by the Supreme Court regarding an interim moratorium ordinance case in Los Angeles County, California. LICNMSSS* BILLS* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the following licenses: Cigarette License - Lakeview Golf Course On -Sale Non -Intoxicating Malt Liquor - Mexican Eatery, 2160 W. Wayzata Blvd. Lakeview Golf, 409 North Arm Drive Club Liquor License - Wayzata Country Club, 200 Wayzata Blvd. On and Off Sale Non -Intoxicating Malt Liquor and St!t-Up Permit - Navarre Lanes, 3435 Shoreline Drive Oi-Sale Liquor License - Jimmies Lounge, 3380 Shoreline Drive Set -Up Permit - Spring Hill Center, 725 Sixth Avenue North Motion, Ayes 5, Nays 0. It was moved by Councilmember Goetten, seconded b­ Counci lmember Peterson, to approve payment of the '.i 1 Funds Accounts. Motion, Ayes 5, Nays 0. ADJOURNIINNT 8:35 P.M. It was moved by Councilmember Sime, seconded by Mayor Grabek, tc Adjourn the regular meeting at 8:35 P.M. Motion, Ayes 5, Nays 0. ATTEST: Dorothy M. Hallin, City jlPrk James R. Gra e , Mayor+ To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Bob Kost, Park Commission Chairman Date: June 29, 1987 Subject: Livingston Tower Park Improvements BACKGROUND The property was dedicated to the City and designated as the Navarre Tot -Lot. With the development of the nearby Navarre Playground, it was determined by the Park Commission that a .Dt-lot was no longer needed. The Park Commission and Council approved the creation of a rest area instead of the tit -lot. The developer who donated the property planted 2 small deciduous trees. The City installed three wood park benches and concrete pads last year. At present the .ark has no sign, is covered by sparse grass and weeds, and is rarely used by the surrounding residents. LANDSCAPE IMPROVEMENTS Upon c:omplecing the 1986 park tour and maintenance survey, the Park Commission inderi•_ified the Navarre Tot -Lot as a park which was both under - used and in need of attention. The Commission relt that the creation of an attractive, comfortable rest area would serve the adults and seniors living nearby. To this end the Commission developed a three point obi-ctive: improving the existing facility with landscaping; secure the appi.-al of funding from the City Council; and implement the improvements by the 1987 autumn planting season. The park was renamed "Livingston Tower Park" at the December 1987 Park Commission meeting. The Commission then developed a landscape plan which would utilize the existing benches, di.mini.�h the effects of the nearby water tower and incorporate plants that were available `he City nursery. As a focal point, the plan suggests pla,:ing a small p F sculpture in front of a backdrop of evergreen trees. The Commission r nds using the recent Lions Club donation for public beautification for purpose. The Commission has been in tc ch with the Minnesota Art Cent this matter and with the Council's suppert would like to pursue this i The Commission estimates the proposed improvements without the sculpture to cost approximately $5,000. These funds are anticipated to come out of the park de(ication fund. To: Mark E. Bernhardson, City Administrator From: John R. Gerhardsc.n, Publ�c Works Coordinator Date: July 6, 1987 Subject: Public Information Meeting - Hackberry Park Skating Rink In the fall of 1986, the City of Orono received a petition requesting a recreational ice skating rink be constructed at Hackberry Park. The petition was referred to the Orono Park Commission fo, further action. The Park Commission has reviewed the matter, staff has received preliminary information on costs and therefore recommending the Orono Council conduct a public informtion meeting on this matter. Estimated costs of well $8,000 Estimated costs of construction of rink 3,000 It is recommended that a public information meeting for the Hackberry Skating Rink be conducted on July 27, 1987 at 7:00 p.m. To: Mayor Grabek d Orono Council Members From: Mark E. Bernt.,rdson, City Administrator Forwarded recommending the -iformational meeting be conducted wih mailed notices to efft .ced neighb(-.rs. PROPOSED MOTION: Moved , seconded , to schedule a public information meeting for the Hackberry Skating Rink to be held on July 27, 1987 it 7:00 p.m. Av;-s , nays Commp4s A 1987 July 7, 1987 Honorable Mayor and City Council Members: On April 1, 1987 thn Orono Police and Long Lake Fire Departmer" were called to Oky building at 2160 West Wayzata Boulevard to investigate a strong sme'l of ga.: 'ine. The fire department found gasoline seeping into a mor.icor well on the gab` --ide of my building. The PCA were illed in, and I assume they called their e.r•er-iency contractor, Eay West. My tenants in the immediate area clo-ed their businesses and Bay West ventilated the well and removed the gasoline. Bay West drilled test wells around my building, with negative results. .:,t this point PCA and Bay est ordered that my tanks b;• uncovered and tested. Thelestsx of my ranks proved them to be sound and not leaking. However, g-soline is still present on my property and .is still flowing into my monitor well from someone elses land. I am still pumping --jasoline from r.y monitor well, but it is a slow proce s due tc the fact asoline continuer to flow in as I pump it out. hiso there are four 55 gallon drums of gasoline on my property that I would like to have removed but neither the dr - nor the havardous material i side belong to me. I fee, ;tion must 4-aken to fird the souxc4 of this gasoline leaka'.t which I fe :;, a significant and sex -,)us hazard. Lons Lake and Orono must not pun. )uz soil and most importantly our water supply in jeopardy. If the source of tht. leak cannot be found I would like to ask the help of Orono and Long Lake in apply ing for "sub'-r Fund" monies as the hazard was not created or encourage:i L; j r.e. The expense as of July 7th are in excess of $2n,;j00.00. Sincerely, Wm. Wear w'w/pk c� PCA State Attc i r,sy 6t,nera A. City t,f it X TO: Mayor Grabek Orono Cou'Al Members Cit Admi Ast:rator L'ernhardson FROM: Michael i. Gaffron, rI Assistant Planning & Zoning Administrator' DRT6: :July 9, 1987 SOBJ: ;842 Robert Zimmerman, 3415 Crystal Bay Road - Patio Variance - Minor Revision List of Exhibits - A - Original Proposal B - Revision C - Resolution #1932 Mr. Zimmerman was approved for a he. cover variance on 2-24-86 to allow 28.5% in the 75-250' zone. He has proceeded with construction of the propose -,I patio addition, and footings are in for the proposed garage, all within the 75-250' zone. Zimmerman's .,-o,.' ractor, Rick Jacobsen, starred to -.•onstruct a "tempor..ry" enclosure for scree- - ng the patio area. ctaf f reviewed this and found that his p. --osa1 in fact created what we would consider as a permanent stri • e z.nd did not at a 1 1. meet the intent of tae variance reso.. n whic.- states that any enclosure of the patio requires an .,verage lakeshor,!, setback vari cc. He was ordered to remove the structure frame, and it has i n removed. The patio itself is somewhat larger tnao..-rig.nally proposed, but other portions of it have been omitt•d. tnce the patio does not constitute aview encroachment and is generally in conformity with the neighboring decks, our main concern is that `he net hardcover must remain the same. To this end, Zimmerman has submitted a sket •h to show the patio revision,t and how 'ae wi 11 a,. ill meet the 28.5% hardcover 1 imit or the property. His p-roposaA is to omit portions of dec in front of the glass doors at the right front of the house, making thia a planter box and securing the doors into windows (tnis is completed); and removing the excess 25 s.f. from the driveway apron at the rear. Staff Recos ndation - Staff recommends approval of the minor hardcover revision t. add approximately 25 s.f. of patio area in exchange for a reduction in driveway area of 25 ;.f., resulting in no net increase in overall hardcover above he '8.5t 75-250' hardcover approved in Resolution #1332 approved :n ebruary 24, 1986. P' •POSED MnTION: Moved -econded , to ,V, .s addition of 25 s.f. of patio hard. _ r in exchange s►o of 25 s.f. of driveway hardcover in t.►e 75-250' zor ,lting in no net increase at-ve the 28.5% hardcover level ed in Resolutio. #1932 on February -4, 1986. Ayes i, Nays _ CERTIFICATE OF SURVEY - F� vlz.•c.. , , I f ft,fa-IH- �. I LAND SUttv[vOQS _„�,.` -- - ,yam f,•.• �fj� _ , : ��_,_„ r ��'� �✓ Y 7r 1184 y ,Pd H i .. 46 t ?- loft '_ •% � Gera. t. (R• ve� ': �t r� reseo �� ± Z�� s�`•. 91) i ti s DOCs l Art,." A14021e f tr rr.► rfr Q j � � ' S 30 X S T Y !r)S :=r`•1�-��/ � PG�r^T J'MMEVwAM � � EX/rnNG GrtM1A- tc4 1 F.;": ,"i'Tto,;: Lc t ? ;dock t, vwl: Ey'S FAW L ►Nq'l> 1 1 -t " A ) w'r herchy r4irt11r 111A Wis to . liyc r.rrr.t rrtnrt,vnletnrn „1 ,► %urr,% 4 tM W%#AlhrMe of thr I&M above dracr0" A. ! the lawAhNt of ell ►1 41w, 1111•,(. n Stull ati ttwthte tncr.,erhrurrNu, of anv, Irum or as wW tjQ) Mott 0 WIN :'tb �t �y CERTIFICATE OF StURVEY --f� r 1 µb iaf�y � ♦r��Vfi.K. I"�II. Fr vr: r" - s. LINO SU RV[lORS I s Tr�� /✓.i� "mot' 1 M1•iq 1 1 %S 1 GtLo a � RY JE� 1 � . i Aj DFc AS ^d' tzFv1s A r � ` • �' y PHw toK flrl RGft'^1 1'utM'uwA9 �` lot. or � ; �x/!1 r N �►V�L V J \/ t• k 1 • L'y A&VE WO hereby r•rtily thAt'llots is a trw• and 4.1)1 ret t .t a rd tht' b&bftt*• of tile imW &Wve ir•c►dwd .fd of the l.wwli.:v tul All Iru►{das;.t it any. • te■.R wid all vieYfic • -••roaehowats. it Any, Item or ton *A t Q.ai d unr QW9 C City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1932 J+. RESOLUT 'ON GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTIOW 10.22, SUBDIVISION 2 FILE f842 WHEREAS, Robert ii. Zimmerman (hereinafter "the applicant") is the owner of the property located at 3415 Crystal Bay Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 2, Block 1, "Wiley's Park" (hereinafter "property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of an attached garage and deck which would increase the hardcover in the 75-250' lakeshore setback zone to 28.5% where only 25% hardcover is normally allowed. NOW, THEREPO«,;, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning F:,-•• Rs42. 2. The property is located in the LR-lC Zoning District. 3. The Orono Planning Commission reviewed this application on February 18, 1986, and recommended approval of the proposed variance based upon the following findings: A) Applicant's harJship is that there is no existing usable garage. B) Thy proposed variance is consistent with variances re- cently granted elsewhere in the neighborhood. C) The proposal includes a slight decrease in the 0-75' hardcover. 4. The City Council has considered this application including the findings a,nd 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 comunity. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 19 32 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 u5 a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the appli- cant, and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of an attached garage and deck which will increase hardcover in the 75-250' lakeshore setback zone to 28.5% where only 25$ hardcover is normally allowed: 1. A variance is granted to allow the following specific additions (also see Exhibit A attached): a) 221x24' attached garage at rear of existing house. b) 10.8'x21.9' and 3'xl4.5' deck at front of existing house. c) 10' wide driveway extending 100' rearward from the 75' lakeshore setback line, and driveway apron of approximately 341xl8' in front of garage. 2. The maximum allowable 75-250' hardcover- as a result of the granting of the variance is 3425 square feet or 28.50. Applicant is notified that any future additions of hardcover on the property ::_ll likely not be approved by the City •without concurrent removals of existing hardcover. 3. As a part of this variance approval, applicant shall remove the following items of existing hardcover prior to final inspection of the additions (also see Exhibit A attached): a) removal of rear garage shed (222 square feet), b) removal of 2.5' rear portion, of gravel driveway (250 square feet) , c) removal of front gravel parking area to retain a maximum width of 10' for driveway purposes only (removal of approximately 312 square feet in 75-25n' zone). Page 2 of 4 I City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1934 4. The deck a 1 lowed on the f ront of the house sha 11 be no higher than the main floor of the house, plus the standard railing. Any enclosure of the deck will first require a variance to the average lakeshore setback. 5. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (February 24, 1987). 6. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. February, ATT >;T : othy M. Adopted by the Orono City Council �n this 24th day of 1986. p r t y Owner ))'�' . (C t C- lin, City Clerk Tim Adams, Acting Mayor Page 3 of 4 STATE OF MINNESOTA COUNTY OF HENNEPIN City of ORONO } ss. RES._, -JT10N OF THE CITY COUNCIL NO. 1'I32 On this � day of %1%.hecf4 1986 before me a Notary Public within and fcr said county, personally appeared _ 242Kc _S Jq known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. MICHAEL P. GAFFRON �, � NOTARV PU(3LIG - Mif1NESGTA • ` .5�'! HENNEPIN COUNTY .'!I' M, Conmisaion Eap roS Jun* t ' STATE OF MINNESOTP ) )ss. COUNTY OF HENNEPIN ) 'j—C VOA --, X- NOTARY PUBLIC ` MY COMMISSI0N EXPIRES On this day of , 1986, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 e f us) 7 CERTIFICATE OF SURVEY �~ prVon et. ti •;•.,.. ` U1.D lunv[r01f _ I �4 f 1 � 1 tit • �"�- ri riz+qur, i .1 I �. 3t y p rssr�r. J�c/c ♦ 2� 1 t w� � \� a �.�,,••y 1� �� � � su t I to �. a � tir�•�o� Qa� � =�l ' r "urvcy I�r• f_/ �= s)fl Get^T 7'10f a14An )rm t GitrY�l► o : F:;^NSI'Ti0'.r Flack 1, Y S ►AMK' sowl 01 !• p� I MC har/1/y rfrlllr 1h.4141! N A tow' MWI C•)I refit I'r lil Mt MrrkM �,I A wl�r�ry �d 1M b>rltrflN W llllt k4m obrve dudgrowd mW of lhr kporAIlrn W +ll lfuji.liow%, M any, tlwl. "m tM/ aN •Molt a+lrro /rAlar IMa, Wary, Itw1 ur en i+id Doll" lh/. i TO: Mayor Butler Orono Council Members City Administrator Bernhardson FROM: Jeanne A. Mabusth, Zoning Administrator DRTE: July 8, 198, ,rl� SOW: #1122 Board of Governors of Big Island - ` � 131y3i Record Lot 1 - Conditional Use Permit List of Exhibits -�'�►� A - Staff Memo oi ; 9-67 B - Council Action Not.lce of 6-9-87 The applicant has asked to address the Council at your July 13th meeting for the purpose of gaining the approval to their conditional use permit which would specify what they have to accomplish prior to opening up the camp to other than working parties. Given that the Planning Commission conditioned their approval upon staff determination as to which buildings must be removed, the Board wants to express their concerns with the City's position regarding the opening of the camp to public use being dependent on the removal of all hazardous conditions. Staff met on two occasions with the Board. At the first meeting on June 18th, staff (Gaffron, Jacobs, Mabusth) met will Wisdorf, Packes, and Sharpe to discuss more comprehensive concerns of the Board. Their major concern appeared to be the fact that the camp could not be opened until all hazardous conditions were removed. From the discussion, staff was left witn the under ending that the Board would like to have the camp partially opened to public use by the '88 season or the Board would have to drop all plans of restoring the camp facility. Wisdorf spoke of being allowed to open for the '86 season on a "partial" basis. After staff questioned further, they discussed rehabilitation of specific areas on the island and allowing the campers only use of these areas. We discussed the qu%;stion of security and they appeared to have no problem with the physical securing the hazardous structures - nothing specific was discussed. The issue of phasing was not discussed at the Planning Commission level but raised only after that meeting. Staff could recommend the Boards request for a staged rehabilitation with simultaneous public use if the following minimal improvements were met prior to any opening of the camp to the public: 1. Installation of sanitary facilities, oer approval c Orono staff . 2. Berg Hall razed. Zon.'.ng File #1122 July 8, 1987 Page 2 3. Dining Hall restored per standards of the RS District as follows: a) License from Hennepin County Environmental Division for eating facility. b) Fire extinguishers installed. c) Automatic fire sprinkler system or other means of fire supression equipment approved by Council. d) Section 10.31 Subd. 11A - permanent frost -depth foundation - masonry, treated wood - structural engineer to make recommendation. 4. Boat House and other shoreline structures 'hin -,ublic admission area to either be razed or rehabi _tat,a,. upon approval via the appropriate land use applications. 5. All cabins selected by Building Inspector for removal must be razed and remaini►.1 hazardous structures secured in a manner acceptable to the City. Other issues raised at that first meeting: A) Staff approved the burying of tiles from the earlier demolition of bath house. B) Board does not accept staff's position that all cabins located within 75 feet of the lakeshore must be moved out of the protected area. C) The question of Berg Hall's existance providing grandfathering status was raised and the right to build another facility with multiple units. Staff advised that Berg Hall w=.s not rebuil,' and that the City can guarantee nothing at this t, _hat it would require a separate variance/conditional uba 3plication. D) Sprinkling and foundation of the Dining Hall appears to be additional areas that the Board seeks variances from the 1pp.licable codes (Building i Zoning). Mr. Wisdorf will i scuss with *he Council staff's position as to codes on .ne rehab of this structure. It is staff's position that each would require going through the appropriate variance process. F) Staff has advised that if structures like the Boat House are to be rebuilt in their present location, a separate land use application would be required. The apE)lican'g may wish to question Council on this requirement. Zoning File #1122 July 8, 1987 Page 3 At the second meeting on June 23, 1987, Gaffron and Ji. met with Wisdorf and Backes to discuss acceptable foundatio— the structures to be rehabi 1 itatcO. Jacobs' enclosed memo _ _ •r _ines the issue raised and what staff would dee,u acceptar certify the structural integrity of the buildings. Th contingent on the4 r removal by the end of the 6-7 year perirc which they are certified. Staff has also enclosed the Council action notice sent after the Board's last appearance before the Council or June 8, 1987 which may help to brief ' y review the City's position in addition to the previous packet information sul mitted for that samd meeting. To date the City has not rece ed a written request foL the deviations from the Planning CL,amission recommendation or the work plan requested in the notice. Staff recommends that the Council listen to the Board's concerns and possible answers of redress and direct staff regarding preparation of the conditional use permit ade ressing among other issues: -The degree of removal of harzardo>>s conditions/buildings required prior to opening to o:her than work parties together with any staging of opening. -Acceptance of a certified structural engineers certification as to structural soundness ord integrity of the cabin foundations. -Sanitary facilities. -Berg Hall razed. -Dinirg Hall restored as outline.'•.. -Removal of structures within 75 feet of the lakeshore for which separate variance approval not given. In addition, it :s recommended that she Council dire t the Boa.-] to submit the necessary variance applications as it relates to: -Dining Hall -Beat House cc: Al Wisdc,• Joe Backes L..fry f'-,irpe Don Milker Leonard Carlton N To: Mayor Grabek & Orono Council Members Mark E. Bernhardson, City Administrator Jeanne A. Habusth, Building 6 Zoning Administrator From: Thomas J. -:cobs, Building Official Date: July 8, 1 Subject: Big island Veterans Camp - Footings and Foundations On June 23, 1987, Mike Gaffiun and I met with Al Wisdorf and Joe Backes of the Board of Governors for Big Island Veterans Camp. During this meeting we spoke about footings and foundations under the dwelling units and dining hall. During t1lis meeting the spokemen for the Board of Governors requested that they be allowed to set the dwelling units on concrete blocks without frost protection as they are only temporary buildings (6 or 7 year.. I did not feel this was adequate nor structurally sound/safe. We were asked if we would agree to accept a structural engineer's certification as to t„e footings. The City will accept certification *hat this is a structurally sound alternative for the cabins if a State CerL. ied Engineer will certify this praposal and provide sufficient evidence or proof to substantiate this claim. Pursuant to SBC/UBC 105, the following information must be provided to justify the proposed footings and foundations: 1. Foundation investigation - the soils on the island appear to be expansive soils (clay), therefore, movement of the soil must be considered. 2. Live loads and dead loads of eech structure. 3. Anchoring of foundation plates and sills to foundation. 4. hind loads on building and effects. 5. All axial and lateril loads on concrete blocks. 6. Column action and group action of foundation piers. 7. Floor system - structurally designed to carry loads to foundation. 8. A letter with certified engineer stamp approving this method. Also discussed was the boat house and dining hall which will be discussed further with the zoning staff. 0 APPLICATION NO. 1122 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 6/9/87 --------------------------------------------------------------------------- TO: Edward Morrow COPIES: Alan Wisdorf Board of Governcrs of Big Island 1809 North Skyline Drive P.O. Box 598 Burnsville, MN 55337 Excelsior, MN 55331 TYPE OF APPLICATION: XX Conditional Use Permit ------------------------------------------------------------ DATE OF MEETING: 6/8/87 VOTE: 4 For Against COUNCIL ACTION - NOTION: At your request, Council tabled all action on application #1122 providing you additional time to meet with the City staff to discuss the Status of Buildings memo drafted by Tom Jacobs and to pose any other questions you may have concerning the City's position in relation to the hazardous conditions at the camp and the opening of the camp to public use. It is the City's position that all hazardous conditions must be removed before the camp is open to public use and prior to approving a future plan for expansion of the camp. In order to insure the speedy removal of all hazardous conditions, the City Council. has asked for your participation :n a staged evaluation program as a means to keep Council apprised of the progress of the rehabilitation. The enclosed draft of the approving resolution specifies how the evaluation progrIl- shall operate. For this year, we ask that you draft a work plan for the 1987 season (June through October). Please note this wi 1 1 not be require(, of you prior to Counci l's final action on the proposed motion set forth in the enclosed resolution. After meeting with staff, you may wish to includ he plan at the meeting Council adopts the resolution of approval. If } have any questions or comments concerning the intent or context of the .elution, please submit a written response for rouncil's consideration. Your work plan should list the following: 1. Buildings to be razed - identifing which ones anct total number. 2. Specify which of the structures are to be repaired for this season refer te- your original report (repair list) and the building inspector's memo that cites required repairs for each structure. Please use building identifications as set forth in Jacobs's memo. Staff must advis9 that any cabins proposed for repairs must be located 75 feet from the l akeshore and meet the required 10 feet separation setback between structures. Structures that cannot meet the required setbacks must be relocated. 3. Review how removal of deter i s sha 1 1 be -ond, -ted for 1 98, season/winter 1988 through February 1`,th. Zoning File #1122 Notice of Council Action - 6/8/87 June 9, 1987 Page 2 of 2 4. Maintenance of grass within yard areas surrounding each structure to lessen risk of fire. Please note who is responsible for such maintenance a,id schedule of regular maintenance. 5. Name of caretaker - telephone number for carp facility. Jeanne Mabusth will be out of town June 22nd through July 2nd. Tom Jacobs will represent staff concerning your application before Council at their June 22nd meeting, if you decide to proceed with the review by that meeting date. If not, the next Council meeting is scheduled for July 13, 1987. Please contact Jeanne Mabusth if you have any further questions on the enclosed information or on any other aspect of the review of this application. WILLIAM • AORSTAD JAMES • LUND RICHARD M EROALL G E SVEEGG[N PAUL D MCNOw/RTS ST[PHEM W RORSTAD July 10, 1987 City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Sirs/Madan.: KORSTAD is LUNO, L•ro. ATTORNEYS AT LAW 1600 rIRST •ANA PLACE WEST too SOUTH SjxTM STREET MINNEAPOLIS. MINNESOTA 55402 or rou«sf •. DAMES w WAL.Cw TELEPHONE 1612- 732 '200 Your Building and Fire Inspector's resort of June 8, 1967 was discussed with Jean Mubusth, �'.essrs. Tom Jacobs and Mike Gaffron. Attached is the Board of ;ove.nors version of the meeting Including the agreements and items continued for further discussion. Respectfully submitted, James 13. lund JBL/kjc Enclosures BIG ISLAND VETERAN'S CAMP P.O. Box 598, Excelsior, MN 55331 July 9, 1987 REPAIR & REMOVAL OF BUILDINGS tor's report - 1. Caretakers Cabin VETERAN'S RESPONSE & REQUESTS: Is removed. Bury debris on site. 2. Boat House A) Footings & Foundation are in a state of disrepair - foundation has fallen over on southeast and southwest corners - cracks throughout. ANSWER: To be romoved. B) Exterior wood stud walls bowed in middle east wall. ANSWER: To be repaired. C) Structure is lear;ina- to north. ANSWER: To be straighteners. D) Electrical - knob and tub wiring. All new ele^tri3al installed improperly. ANSWER: Bring up to state code. E) Needs new roof - existing roof is weathered ar.-i deteriorate,. ANSWET-:: A l r,ew roofing. F) Siding - weathered and detericratti. ANSWER: Repair as needed .i repaint. G) Southwest mnd aoutt:eayt corner walls have no support under them. ANSWER: Replace founda:tiun. RECOMMENDATION - remove - building has been x'd for demolition on condi 'i onal use permit. ANSWER: Further discussion. 3. Guard House A) Reinforce 2 x 4 rafters - some bowing is present. B) 2 x 4 studs at 24" o.c. - straighten & solidify with interior cross bracing. C) Footings and foundation. ANSWER: Replace with ccncrete blocks and level building. D) Repair and replace roofing shingles as needed. E) Electrical. ANSWER: Bring up to state code. F) Sidinb. ANSWER: Repair and paint. RECOMMENDATION - Retain as storage building; 75' from shoreline, with conditional use permit. 4. Berg Hill A) Unable to determine whetter footings and fouri:atic,% extend telow frost line. B) Exterior walls - stucco over clay the blocks - stucco is deteriorating and falling off building. Large cracks on the northwest corner. C) Roof - not completely visible from ground but edges show signs of deterioration. D) Windows and doors - all troxen osit and wood rot exists on window sills and ambs. E) Electrical does not conform to national electrical code. F� Exits for MU)_ti-residential use do not conform, to building or fire code. Seccnd floor exterior exit has been removed. G) Interior hua been v3rl(iall7ed and not maintained. ANSWERS: Agreed A - I. RECOMMENDA':ION - Remove structure or provide evidence from a certified structural engineer that the building is structurally sound. ANSWER: This is a 30 room dormitory. We would like official written permission to replace it before we remove the existing structure. 5. Dining Hall - To be discussed more fully at a later meeting. A) Roof needs to be replaced - appears to be damaged. Flasing is improperly installed at dormers. 4NSWER: New roof 5 years ago. No evidence of leaking - will repair as needed. B) Footings and foundations consist of wood posts. Placement of posts a:e at random. Posts have been installed as weak spots are found. These post footings in many cases do not extend below frost line. ANSWER: Will provide licensed engi.:eer's report and recon,mPndations. C) Porch crawl does not meet 18" minimum clearance and is less than 6" in some spots inviting wood rot. ANSWER: Will repair rotted boards. Request grandfathering of ground clearance because we can't think of a way to correct this at reasonable cost. D) Stairway main entrance are wood boards. Loose, untreated lumber has been used and handrails ai. needed - structurally inadequate. ANSWER: Replace with wood deck meeting state handicap egress code. E) Main dining hall must be Provided with a fire surpreseion system (sprinler) . ANSWER: Cost of system to supply adequate water combined with cost of sprinkler system is prohilritive in comparison with the replacement cost of the building. We would like to hire a licensed fire protection engineer to propose alternative ways to protect the health and safety of the occupants without necessarily saving the building in case of fire. We also propose to enlarge and wall off the library thus reducing the area cf the dining room to under 4500 sq. ft. which reduces thy,- occupant load to under 300 whi;,-h reduces 3 the occupancy rating to A-3, which allows type V-N construction (no requirements for fire resistance). See UBC tables 33-A, 5-A & 5-C attached. F) Walls must be treated with fire resistive material or sheet rock. ANSWER: Sheetrock all rooms except dining room. aheetrock would totally ruin all esthetics of the dining room so we request permission to coat it with a U.L. approved fire retardant coating instead. G) Electrical does not meet national electrical code. ANSWER: Faring up to state code. H) ExitF - panic hardware is required on all aoors. ANSWER: Yes I) Windows - must replace all broken windows and screens ANSWER: Yes J) Plumbing improper venting, waste pumping and appe¢.,•s not in a °unctional mode. ANSWER: Bring up to code. K) Kitchen does not meet requiremen' of Hennepin County Health L'epartment (license required). ANSWER: Will get inspection, comply with requirements to get license. L) Sky light (ic, kitchen) leaking around edges and apparently has been doing this fo• some time. Possible deterioration of rafters. Sheet rock is water damaged around sky light. ANSWER: Remove aky light - repair rafters if rotted. M) :stairway to pr)iection room must be ' hour fire protection arid needs handrails. AN:IWEi; : Yes. N Framing - balloon frame - improper fire stopping. AlJ:'IWEH : nstall proper fire stopping. 0) Porch (north side) addition to building without permits, or inspections. 2 x 4 rafters were nailed to existing 4 rafter tails, improper bearing rafters over spanned. ANSWER: Double rafters & provide proper bearing. P) Basement - well in the pit does not meet code. ANSWER: We need to know in what way the well or well pit does not meet the code. Then we will correct it if possible. We think the well was put in according to the standards that existed at that time & therefore should be Allowed to remain. Q) Stairway basement needs 1 hour fire protection and appears to be structurally inadequate. ANSWER: Stairway to water tank room will be removed. R) Floor systems must be checked by a certified structural engineer to verify that it will withstand live and dead loads. ANSWER: Yes. 6. Bath HcuFe ANSWER: Removed and buried on site. 7. Shop, Storage & Machinery nuildinx ANSWER: Removed and buried on site. Debris to be hauled away over ice. North Hill Area Gabin'N5- 1 ANSWER: Removed. Cabin No. ANSWEk: emove . Cabin No. A) "deeds new roof h) i'ootings and foundation needed, :iota not extend below frost line. ANSWER: Set general request #4:". C) Windows - fires egress windows egrtas directly to the outside as per ';,P.'. section 1204 (copy attached). D) Building siding. ANSWER: Will be repaired and painted. E) Removal of weeds and growth within 15 feet of buildi. . F) Crawl space - maintain minimum 6" clearance to earth, provide screening around exterior. G) Smoke detectors missing. ANSWER: Will install smoke detectors. H) Fire retardant paint on inside falls. Cabin No. 5 ANSWER: Removed. Cabin No. 7 A) Foof has bow in it. ANSWE' Will correct bow in roof. B) Windows need Fire egress windows. ANSWER: Already satisfies egress code C) Footings and foundation do not extend below frost line - consist of concrete blocks. ANSWER: :3ee general request #2. D) Smoke detectors. ANSWFH: Will install. E) Fire retara&i.1 ,aint on inside walls. F) itmoval of weeds and growth within 15, feet of bu_. ...�. AN;WE;i: Will clear and mow 15 feet out. ;) 'rawl space will m�intian F," clearsnoe wood to earth. screening needed around exterior. Cabin No. AN:;WEit: `removed. 'shin Nu. 10 6 ANSWER: Removed. Cabin No. 12 A) New roof. ANSWER: No evidence of leaking - will repla,e anyway. B) Windows -- fire egress window needed. C) Footings and foundation - has pier fuotin,�;s which are acceptable by Code. Must verify floor system in carrying loads properly - must be approved by City Couric i 1 . D) install smoke detectors. ANSWER: Will install. F) Fire retardant paint inside of building. F) Repair sheathing on edges of roof. Cabin No. 14 A) Needs footings and foundation. ANSWER: See general request #2. B) Repair fire egress window. 1 Repair roof s ',:eat:i ng on edges. j Maintain in '." minimum weed tj earth crawl epace - screened in on exterior. North Fill Toilet Rooms ANSWER: wore, has been started on the structure. Fier footings have t;pen installed. Work inside has starter but riot complete. Will complete work. satin Pallentine No. 1`, Ara:' 1VH: Work has been done on this structure. t will be ,se:1 as the caretakers f-abin. Will complete. abin No. icy AN:;W$fi : f e moved . I b I n No, ct 7 A) ",ide walls are 5' +/- high. B) Sufficient repair of the roof. C) Footings and foundation sufficient for storage. B) No possible way of providing fire egress windows. K. for storage. E) Clearance wood to earth will meet code. F) For storage only. Berg Cabin A) Repair porch roof. B) Repair sheathing. C) Remove chimney. r) 'oot.ngs and foundation must be repla_!ed. ANSWER: .:gee gene -al request #2. E) book outs on gable en:is are Improperly installed. ANISWER: lr;stall 45 degree angle braces from wall to rafter. ~) E,00f to be repaired as directed. 1) Repair aheatning. ,,mu'! Cabin A N,'W E;t : Removed. -oaks Cabin (4 bedrooms) A) Remove porcr.. �. "enai r roof. C) Foo-ir,gs and folu.ndation. ANSWER: ee gtrieral request #2. I)) remove br eh and detris within 1 `) feet. B) Install smoke detetect�,r:Y. P) Plumbing in buildng not vented - must be tested and approved fixtures used, all brought to code. i �> Eathroom walls must have smooth non -absorbent finish. }� Windo.; - must have proper fire egress windows. West Block Cabin. A) Front door will be replaced. B) All sheet mock must be replaced. C) Check and repair rafters and ceiling joist. D) Electrical bring E) install smoke detectors. F) Remove chimney. G) Repair and replace roof sheathing and roof. ANSWER: Will repair and replace as neede:. East Block Cabin A) Needs new roof. B) Front door ;rust be replaced. 6) All sheet rock must be replaced - water damage. K Wiadows - proper fire egress. ANSWER: will measure and check as to code. F) Plumbing must be replaced and brought to code. F) Bathroom wall must be smooth, non -absorbent finish. G) Remove chimney. Peanut Row Area Cabin No. ?�' AK WEB: Femoved. 'abin No. j1 AN. WEP : Removed. Cabin, No. N, Cabin No. : F ®►nd Cabin No. 26 A ` Roof repair rye needed. 9 B) Footings and foundation - concrete block does not extend below frost line - concrete blocks tipping over. ANSWER: Straighten or replace supports - see general request #2. C) Repair joist. D) Install smoke deteQtors. E) Provide stable landings outside doors. F) Site truss must be repaired with site built roof trusses. G) Electrical. ANSWER: Bring up to state code. H) Windows - must provide fire egress &nd replace broken glass and screens. Cabin No. 24 A) Need footings and foundation. ANSWER: See general request #2. B) Will provide wood to earth clearance. C) Fire egress windows will be installed. D) Needs new roof and sheathing. E) Electrical. ANSWER! Bring up to state code. F) Partition wall improperly installed - 2 x 2 studs. ANSWER: If this cannot be grandfathered then we will correct. RECOMMENDATION - Building should be removed. ANSWER: We would like to keep this as a sleeping cabin. South Hill Area (called Point Charming) Cabin I A) Fire egress wir.dow needed. 10 B) Footings and foundation - does not extend below frost line. C) Smoke detectors will be installed. D) Wood to earth clearance will be corrected. E) Crawl space and exterior screening will be accomplished. F) Electrical. ANSWER: Meet code. Cabin H 60' from shore. A) Footings and foundation - do not extend below frost line. B) Fire egress windows will be installed. C) Wood to earth clearance will be corrected. D) Will install smoke detectors. E) New roof. F) Electrical must be upgraded. Cabin G A) Footings and foundation - do not extend below frost line. ANSWER: See general request #2. B) Exterior aiding will be repaired. C) Fire egress window. D) Smoke detectors. E) New roof and sheathing. F) Screening around crawl space. G) Electrical must be upgrade' to code. Cabin F A) New roof. 11 B) Needs footings and foundation. ANSWER: See general request #2. C) Wood to earth clearance will be maintained. D) Fire egress windows. E) Smoke detectors. F) Electrical must be upgraded to code. G) Exterior siding weathered anO deteriorating. ANSWER: Siding is perfect! Request specific complaints. Cabin E A) Footings and foundation — O.K. for storage. B) Fire egress windows. ANSWER: Not applicable. C) Smoke detectors. ANSWER: Not applicable. D) New roof. Cabin D ANSWER: Removed. Cabin C ANSWER: Removed. Cabin B ANSWER: Removed. Cabin A A) New roof and sheathing. B) Will repair footings and foundation. C) Fire egress windows. D) Smoke detector. B) Wood to earth separation will most code. 12 :,ECOMMENDAT.IONS - Siding should be removed - good post footings not treated wood. Building exterior weathered and deteriorating. ANSWER: This is a very pleasant cabin on a very pleasant site. We would like to repair and retain this building as a sleeping cabin. Anderson Cabin A) New roof and sheating. B) Fire egress windows. C) Needs footings and foundation. D) Earth separation must be maintained. E) Smoke detectors. F) Electrical must be upgraded. G) Did not have access to inside building. 13 /'w e "og .� � I 1 p y ooa �v 000� 0 :uek with v•!ec O 1 It. AACA •� � pump with has*$. i Oo 00 AL 1 r AL ♦ .. N o . �. . AL ar .• Us 0'f. 216 Interior Finish Coatings Retardo #220 Latex Fire -Retardant Pain' Relaido 1220 Late% Fire Retardant Plinl is an ,ntumfscenl interior tale■ list paint. formulateds to provide off,Coenl lite and flame felalCatnn -- Product Code. 220 Use. For coaling primed or previously painted wood. drywall and cellulose the to protect the Substrate from rapid ignition. It Is also reCom mended lot use on primed or previously painted cured plaster, masonry and metal surfaces Suitable lot use in major file hazard areas such as hosoilallnursing home patient looms. Slot age looms, k,ICrrens, laboratories. Stairwells elevator shaf!s. coffrdors and auditorium walls ceilings and trim Finish Flat Colors' while :)niy A range Of colors available with Moor O M31iC CUSIOM C010t Special pfeSU'p tons (see co1.,r ch,ppe(j section ) The While may also be lob 1,nled with up to 2 11 O' Moore s Universal Tinting Colors per gallo,) Package Sizes Gallon S gallon conlainers available on special order Spreading Hate. Primed Of previously painted wood Surfaces 300 so It (21 8 so meters) per gallon for two coal application Primed Or previously painted Drywall or cellulose tale surfaces 200 sit It (18 S so mele(sl per gallon. lot Iwo coal application Previously painted surfaces ISO so It 113 9 so motels) Der gallon. for one Coal application prying Time Oust Iraq in t hour. ready for teCOat 'ng in a hours Painted areas can be reslored t0 service in a 6 hours Dry Film Thickness: Average 2 a mils 0300 sQ If Der gallon, 3 6 mots 6200 so to pet gallon a 8 mils a 1So sC it per gallon Th,nningrCleanupNot recommended It necessary for spray appt'Cation. a small amount OI Clean walet may be added Clean up with soapy water FeaiureslPerlOrmance When attacked by flame lmelsrdo e220 eiipsnds and forms a thick Cellular Che( blanket prilsimelCente) which, by reducing ejCeSsive heat penetration. retards flame spread and minimizes smoke development 11 has been tested and anerQv d AS a CIA31 Alit r!(ardaIIL Coaling "the fJnderwriler S Laboraloiiesw^en applied according to spec'I'Catf)ns IS** Und•r write( s laborator,es ratings On label Or in irie lafurdo a220 Eroehure) Appitcalfon pfope•tes ale tdenilcal 10 a Ilal finish telex wait pain) and *'-as to a beawiitivl maile flat finosn Periodic iveaa►ing for mairmlonenCO Pt +Doses will nor cause wa1N 90011" or leach inlumescont ingredients from Ilene Isom Ap/NaaAJW fMiMdo 0270 may be applied by .. ...loi • . .... method used. it must be applied at prescribed Spreading rates and film thickness Io meet requirements of the Class A Fire Retardant Rating Airless Spray See pages 63 and 64 f ed. Spec Generic Equivolent. TT P 001932 Regal Aquavelvet Regal Aquavelvel IS a premium quality vinyl acryf-C later eggshell flat enamel 'Of use On ,nler,Ot su,lacf•S Product Code 319 Use For new or Drev,ousiy pa'MIC0 wallboard plaster of masonry su,faCeS p„meO 0' D'e'r-ous,y painted wood of metal Trim doors and Cab'nels Finish Eggsmell lustre Colors Wnile and a range 01 SfandarC COio's Coordinated with Moore S Sal,n Impetvo Regal wait Satin and Regal Aouaglo (see color Cn,pped section) While may be limed -,in up 10 1 tube 0 6 11 of ) Moore S Universal Tinting Colors .Der gallon Over 10M Colors are available in Irie Moo' O Mal,c Cuslom Color System Package Sues Stanoato Colors and Moor O MaI,C Bases—Ouarl and Gallon Slanda,d Colo'S ava,lable In 5 gallon conlainers On Spec,&' OrCe' Spreading Role 400•450 so it 07 1-41 8 so mele(S) per gallon depending on su,lace DCfOS-Iv and tenure Drying Time Two nourS ,easy to recoat If, 11 hours H,gn hum,cloy may Coo-o-ig d,Y'ng I'me pry Film Thickness A•e,age 1 t mils 1, 425 SG 11 pet gallon depending on Colot ThinninglCleanup If necessary for ipray work. 0' to ease brushing Or roiling in riot. Cry weather Or on porous surfaces a Small amount Of wale( may be added Clean up with warm soapy water Spray equipment should be g,ven final rinse w'1n m,neial Sp,t,f% FearurJsjPerlOrmanCe The du,ab,l-ly and wasting ptoperl,es coupled w'Im its aesfhel�' Qualities eni,nenlly Oualo.eS Regal Aquavelvel lot use in Officesschools aparimenis motels commert.,al eslablishments hospitals nuts.-9 homes labolalof-CS and I,ghi manulaclur,ng SSsemt)ly plants 11 features ine wasnab,fity of a Semi 910SS good film build up. ease of apohca t(.n and enceltenl hiding Quatl,es with no unpleasant odor dur,ng apDI'Cal'On It will not Clack Or er"Ofolle and ern'0,1S erCeller.l res-S lance to repeated washing 0'rt and most sta'ns cannot lood-IV penelrale the coaling and are fhe'01010 easily removed with a I-qu'C detergent 0( wait" soapy wale' Applic a lion f jsh Or Roitet Full boor Aiiless Sptav See Pages 61 and 64 Fed Spec Generic Equivalent Nona, Available Y v I C TABLE NO. S-A—MNLL AND OPENING PROTECTION OF OCCUPANCIES BASED ON LOCATION ON PROPENTV TYPES 11 ONE -HOUR. WN AND V CONSTRUCTION: For aslerlor well and opening protection of Types "One -hour, 11-N and V bu1NNollia. No table below and Sections SOS+. 709, 1902 and 2202. Title ta►Ie does not astir is trees 1. **.R.. M and IV construction. we Sections 1 BO]. 11107. 2003 and 2102. N$CM MOaoccu►eracT rlat of Sls T►$C t/)a IN nation Olt rwwGS wr teTlwlOwttaatiS I —Any auawlMy bYtldtng with a slate and an asccupa-it Inad u( I(Vn ur nowt In Iha building N.d apptk able a Sce Sct Intrt, NI` and NI I I 2—Any budding or prtnson of s building hsvlhj an as%cmhly titans t%tlh an A sacetspa kind aid less Than 1(MKI and a slope ` h,,ur• I,- than I11 Nut per mdlct: '••, ih.n ? 1—Awr hu+Wtp or prxttew of a buddnlg having an a%tcwtbly rrrtT as Loh an Ic%I. 1 Mwr Ic•%Ihan t (%ti l Sfttasw octapMl (and of)(10 ar mere wwhrwn a stage. lnclvdtng %Loch hutldmg. +11 lrcl PrtdrticJ Ic%• the^ wM used fortdueMwwel pur"s and nm classed as a Gro-up E In lecl too Groslp S. Olvrsaon 2 Occupalscy .V—Any bwlldtng or pumtwt it( a building having an a%%crnhl) rttom with an —Y tury o bed ltf k!} Ihaw ]DO wnMllrl s ua�t tnchadtng such twtlJrr C% u%cd 2 Mtur% kc than t Iccl N,d perrn.tscd It •% than tr M pur"s awal rgll classed as a Group E a Group M. Utvttudt I Mwr Ic%% than .40 Ico s fe-. t 2Occupow:y PrarcleJlar-than 10Ic•I +---Slaallwns. Rvet-ing tlarsds ewu smusertterll park •Irurlutc, nttl IncluJcd +Illtrn tettrt GmYp A OccYpancw% 1 Mrn 1,., th.tn Ill Ir.:l Ptt.ct 1cJ I. - Ih ill fit 1 I-1Iavallrerttehrce%1atom%,garsge% IlcrvrMlr:(`air1%td1i%Jtww%at, pl - eachtryc tt( psrls and wleswtcwstw'c re�urnng n,l ttpcn I lantc 1%%IJtn' .•r u•t 11 tlf Clas% I. ll tr I11 A Ittltrtds _` -Ihrol►lit ant) Jrmn t%rsMl%hnlcnl. Aal in an uses u l.tnl L.,1 „t I 41 F ! I J t•• Ih.ul \,r nnnlwt•d I. •• th.,a 4` al"1 wMlessk anal rrled twwc%, u(flc: hutldlnf% ttrinitnl Plant• nwnn ir%,I 1 d1, t 1 h.+.r It •• th,,, n t1Cl s la%t 'ot'tlltrt and fire Natom%. (scl,ww%and wart%M tpt using ntalctral ntd highlt Ilannlla' Pr,dt. ItJ It'%• Ihan Ili Ittl N1, hk tor crteas►tat%nitle. %ateare and %ale% rout% fin corrdtodiMe Foal• P-M %love% wsdkwrr hull handling g%hI% u•:Jantetlut,.tnI—plow rt%e%. k%tdssllhl' 1!Ih grsdr. with Ir•%lhan illtRtupanr• �n.tit• rt.nu r000w%ing%1rplrlMtr•h taut. tan10 !( r.nnnurtll TAKE 140. S-C—BASIC ALLOWABLE FLOOR AREA FOR SUILOINGS ONE STORY IN HEIGHT, din Ssuare Fault ""I Oa cowstoucrow I a i n • OCCl/ewT a e. I w bats w Oast MOyw—I`w �w T T Oy weyal w Now Permtrted A I Unlimited 29.VW AI! 2 1 UaMwAw 29.900 11.s00 _ Nw Per owned I3.700 Not Perrtttlled 11.5011 10 5U0 titd h,nttntd A) ) J: unitwward 211.9w I) . M 9. I U0 1) 3w 9.100 1) YMI 10 .1%00 t OM ' 81 1 2 )1 L' eltwstsld 119.9M 11.01111) 1? .(wl0 Is ow 12 (MDO in uM 1+ Otto t ()IN) R + Unllrwlted 79.900 27.0110 n 0110 ?7 (M10 is ODn 27 (M : 1 OOD 12 OM E UnktTttmd +5.?00 20.200 1 )1M 20. b) 1 1 iw !0, "JU I s.IM 0 Iha Is (Mil 12.400 S.Aw ) 70D 3.t1Do 17(n t es10 6.400 !,)M N 1) -+- 5 Uwlsewlyd NAM MIO 11. !00 . sOD 1 1200 7 1r10 1 12(Mt I A00 ) I(N) N fl Uwkwwwd NI.9110 1 g.0t10 _7 12.OM I A (what No 6.WWI PerrrwrleJ�_ 12 twin I A 11110 14 OM A Orin fit 2 Un(twwsed is 100 s.am filed ►erwtttted s gMI t !to Ntw Permitted I) ualrswhad 11.100 Milan flowwttr/eds see It 1 1 R I UrdtwstreJ !9 Imp I) W0 9 inn? I I ) X0 v 1on, t I hl l0 hall_ a Ir1p R 1 Uwkwwed If anoanwf WAONW lee san.sa "'set 2011w hmwwma tardnengwem, an swum on! is) Ww "map"" dininalgion tw Seetesu RP owl m ssee swam ow Iha Ww VMgewq* WAIMMW. we She AAands. ( Aevet t I I Mar WaA aweom"nmm son bamw I m H) k - No vevow aver- lar Inc wstaattr 1 a - f ne Retw.tw N T tie..% Towel.. to 1204-IM `W UOMFO04M bUtLDING COOS Every sleeping room below tt.e fourth story shall have at least one operable window or ettterior door approved for emergency escape or rescue . The units shall be operabk from the inside to provide a full clear opening without the use of sepame tools. All escape or rescue windows fmm sleeping rooms shall have a minimum net ckar opening of 5.7 square feet. The minimum net cleat opening height dimen- sion shall be 24 inches. The minimum net clear opening width dtmtnsion shall be 20 inches. Where windows are provided as a means nf escape or rescue they shall have a finished sill height not more than" inches above the floor. Ban, grilles. grates or similar devices may be installed on an emergency escape or mKue windows or doors, provided i. Such devices are equipped with approved release mechanisms which are openable from the inside without the use of a key or special knowledge or effort; and 2 The building is equipped with imoke detectors installed in accordance with Sac.ws 1210. Lb^ Va tt hMm wsd Sankation Sat. IM. (a) LIgltt and VeatMetion. All guest rooms, dormitories and habitable roans within a dwelling unit shall be provtded with natural light by means of exterior slated openings with an area riot less than one tenth of the now me of such rooms with a minimum of 10 square feet All bethmoms. water closet compartments, laundry rooms and similar rooms shall be provided with natural v-Milation by means of openable eistenor openings with an area" less than one ,weMleth of the floor area of such rooms with a minimum of 1 ''I square feet All guest rooms, dormitones and habitable rooms within a dwelling unit shall be provKled with natural ventilation by means of openWe citterxr openings with an area of not less than one twentieth of t;w noor area of such rooms with a minimum of S square feet In lieu of r_quired exterior openings fear natural ventilation. a mechanical ventilating system may he provided Such system shall be capable of providing two air changes per hour in all guest rooms, d mmikwies. habitae.c rooms and in public corridors Ove fifth of the air supply shall be taken from the outside Ir bathrooms. water closet compartments. laundry rooms and similar moms t mechanical ventilation system connected directly to the outside. capable cif providing five air changes per tivur. shall use provided For the purpose of determining light and ventilation requirt tents. any room may be crosidered as a portioii of an adjoining room *hen elite half of the area cif the common wa f is open and unobAtrucied and provides in opening of not less than one tenth of the not area of the inienor room or 25 squats feet whichever is greater It"ired exterior openings for n-r---31 light and ventilation shall open dtrectls onto a Street Of public alley or a yard ,it court located on the same lox as the building 72 TO: Mayor Grabek Orono Council Members City Administrator Bernhardson FROM: Michael P. Gaffron, Assistant Planning & Zoning Administrator ' DATE: July 8, 1987 SQBJ: #1128 Rainey Anderson, 780 Old Crystal Bay Road - Revisions to Preliminary Subdivision - Referral back to Planning Commission 7-20-87 meeting The applicant has revised her proposal to include two additional lots per the attached exhibits. Because this is a significant revision, staff recommends referral of the application back to the Planning Commission for their 7-20-87 meeting, anticipating a resolution for preliminary plat approval will be brought back to Council on 7-27-87. With the additional two lots, additional fees will be as follows: Additional Road Footage: $225.00 (730'-280' _ 450 l.f. additional at .50/ft.) Preliminary Review - 2 additional lots at $20/?ot = $ 40.00 Septic Review - 2 additional lots at $30/lot $ 60.00 Total additional application fees = $325.00 The adjacent property owners wi l l be renoz ified of the 7-20-87 meeting. MOTION: Moved by _ , seconded by __, to refer subdivison application 01128, Rainey Anderson, 780 Old Crystal Bay Road to the Planning Commission for i,�view of the proposed revisions, at their 7-20-87 meeting. Ayes Nays _ "+ w •f N /M A.. • 00 - DAJ GI N^ L Pesos 14L now RAANE ANDERSON � s lo- ti comb .N..1 •.. RANIE ANDERSON a Y.� To: Mayor Giabek & Orono Council Members Citv Administrator bernhardson ., Fran: Jeanne A. Mabusth, Building & Zoning Administrator Date: July 7, 1987 Subject: #1133 Betty Miner, 3830 and 3860 Bayside Road - Subdivision of a Lot Line Rearrangement - Class I - Resolution List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Miner Properties Exhibit E - Planning Commission Minutes of 5/4/87 Exhibit F - Proposed Division Exhibit G - Zoning/Wetlands Boundaries Total Area = Approximately 20+ Acres Parcel A & B = 1.5 acres dry Parcel A & B = 4.1 acres wet Parcel C = 15+ acres Review of Application: The rezoning of portions of the Miner property became effective Lpon publication in the official newspaper in March 1987. Parcels A, B & portions of C (extend north boundary line of Parcel B - see Exhibit G) are r:i.:ra located within the LR-IA zoning district. Mrs. Miner plans to sell each of her three (3) developed parcels separately (review Exhibit E). Lot 2 (referred to as the farm house lot) will be sold and is proposed for a 2 lot division; Lot 3 (referred to as beach house lot) will be sold independently as a developed lot; and Lot 1, combined Parcels A & A (the Andrew Miner homestead), will be sold independently. Prior to selling her residential lot (Parcel A, Exhibit F), Mrs. Mine, wishes to increase the severely restricted 1� acre site 13/4 acre dry land) by adding approximately 4 acres (Parcel B). The proposed realignment will now provide 1.5 acics dry contiguous lands. The survFyor has confirmed that all improvements for the homestead residence are located within Parcel A. The additional area will also provide much needed dry lands for septic expansion if necessary. The surveyor has also confirmed that there were no drainage and utility easements created with Auditors Subdivision No. 203. The City shaI 1 ask for a f lowage and conservation easement over the designated wetlands located within Parcels A & B. Fasements over the wet land areas located within Parcel C wi 1 1 be obtained at 4he t ime of a future plat. Acce:cs wi 1 1 remain via the pr i v,i— .'!i • -way easement to the east Csee Exhibit D). Zoning File #1133 July 7, 1987 Page 2 of 2 Staff Reca• ndation - To recommend approval of the lot line rearrangement subdivision for Betty Miner finding that the division and combination will result in an improved building envelope and that all existing improvements and structures are located within the newly defined lot. Approval is based the following conditions: 1. The owner shall combine newly created Parcel B with Parcel A F._.,r to the filing of the subdivision. 2. Owners shall grant flowage and conservation easements over designated wetlands within Parcels A & B. 3. Owner to provide appropriate access easements in favor of Parcels A, B and C over the beach house lot. The enclosed resolution has been drafted per the above Planning Commission recommendation for your review and action. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A METES AND BOUNDS, CLASS I SUBDIVISION OF A LOT LINK RBARRANGEMENT FOR BETTY L. MINER FILE NO. 1133 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "the City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City: and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by Betty L. Miner (hereinafter "the subdivider") of property legally described on the Certificate of Survey by Coffin i Gronberg, Inc. dated 2/20/87, revised 5/l/87, revised 6/15/87 and attached to this resolution as Exhibit A; and WHEREAS, the subdivider has completed all requirements of the City for metes and bounds subdivision for division and combination purposes. NOW, TOEREFORE of IT RESOLVED, that the City Council of the City of Orono hereby approves the metes and bounds division of a lot line rearrangement for Betty L. Miner as shown on the Certi'_icatt of Survey attached to this resolution as Exhibit A, subject to the following conditions: 1. Prior to the filing of this Resolution and Certificate of Survey with the County by the City of Orono, the owner shall apply to the City for legal combination for tax purposes of Parcels A i B as described on that same survey. 2. The owner shall grant a flowage and conservation easement over the designated wetlands within Parcels A and B. 3. The owner shall grant appropriate access easements in favor of both homestead properties upon sale. 4. A certified original copy of this resolution shall be filed by the City of Orono with the Hennepin County Recorder's Office on or before January 13, 1988 together with the above referenced F ortificate of Survey by Coffin i Gronberg, Inc. depicting the approves division. Page 1 of 2 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Dated this 13th day of July, 1987. ATTEST: Dorothy C. Hallin, City Clerk James R. Grabek, Mayor Page 2 of 2 ' a cop .: CITY OF Okvnv SUBDIVISION APPLICATION FORM Date T'd D-11 �By Fen R ' d .qSC c.^' APPLICANT Name` { ( C /� ; - v ------Telephone y j3-- (00y 9- Mailing Address PROPERTY Name > i, Telephone Own= Mailing Address (Attach list if more than one) -------------------------------------------------------------------------- PROPERTY LOCATION Street Address < �' Property Identification No. (P.I.D.) r' //') _'� , ,_ Complete Legal Description to be attached to application -------------------------------------------------------------------------- RXISTING LAND USX Number of Tax Parcels Development Size Present Use (check) Present Zoning District Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify) -------------------------------------------------------------------------- PNO<OBAL Division for Tax Purposes l Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites: Existing Units New Units Total Units Proposed Gross Density Minimum Lot Size: Proposed Use: (check) Units per Acres Square Feet Dry Buildable Land .-" Residential Other (specify) -------------------------------------------------------------------------- ( OVER ) MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Application Completed 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature Date -------------------------------------------------------------------------- MINIMUM MATERIAL NECESSARY FOR COMPLETE FINAL PLAT APPLICATION 1. Payment of fees (park fees, filing fee, sewer and water assessments) 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and acceptable form of security. Certification by Zoning Department that Final Plat Application is complete. Zoning Officials Signature Date -------------------------------------------------------------------------- FENS Sketch Plan Review (Class I, II 6 III) $150.00 Preliminary Review (Class I & II Subdivisions) $250.00 1� Preliminary Review $300.00 plus (Class III and all non-residential) 20.00/lot Final Plat Review (Class III) $150.00* *(Plus any legal or engineering charges) -------------------------------------------------------------------------- Applicant has read the above and hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant's Signature/''�' �- -' _� Date 1��%4 / TT�- i -� Date ,' i.T _S► Owner s Signature x� 1�1�_A . �� y� 1— Apppplicant must have all submittals into the City offices 25 days before the p=iaq Commission !Meting. Pl.,nninq Commission Meetings are usually held on the third Monday of each month. L� RLIN DATE 03/18/87 BATCH 005 38 05-117-23 21 0005 PROP ADDR 03700 BAYSIDE RD 0:aIER NAME HAZEL ANDE,iSON TAXPAYER HAZEL ANDERSO!4 NAME/ADDR 3780 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 22 0003 PROP ADDR 03830 BAYSIDE RD y OLGNER N-'ME ANDREW E MINER ET AL TAXPAYER C"EGCRY A SANDRA MINER NAME/ADDR 3330 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 23 0002 PROP ADDR NAME ANDREW E MINER ET AL f;. -.,-A v ER At.MREW1 E MINER !;:ME/ADDR 3330 BAYSIDE RD L014G, LAKE MN 55356 38 05-117-23 24 0101 PROP ADDR 03770 BAYSIDE RD O:U:ER NAME S A C GARDINER Lam. TAXPAYER STEVE GARDINER NAt7E/ADDR 3770 BAYSIDE RD LONG LAKE MN 55356 HENNEPIN COLINTY PROPERTY INFOFMATION SYSTEM PPOPEPTY OWNERS LIST 38 05-117-23 21 0015 03750 BAYSIDE RG JOHN BUPGER ETAL JOHN EUFGER ` 3750 BAYSIDE RD LO!:'. LAKE MH 55356 38 OS-117-23 22 0004 M G A S R FILBPANDT MICHAEL FILBRANDT 3e60 BAYSIDE RD MAPLE PLAIN MH 55359 38 05-117-23 23 0003 03820 9AYSIDE RD AIOIREW E MINER ET AL ANDREW E MINER 3820 CAYSIDE RD LONG LAKE 1'JJ 55356 38 05-117-23 24 0102 S A C GARDINER STEVF GARDINER 3770 BAY5IDE RD LOII, LAKE MH 55356 REPORT NO. PI4i5401 PAGE I,, 38 OS-117-23 22 0002 03860 BAYSIDE RD ANDREW E MINER ETAL ANOREW E MItiFR 3860 BAYSIDE RD LONG LAKE M S5356 38 05-117-23 22 0007 03960 BAYSIDE '0 M G i S R FI+.;PAMT MICHAEL FILLPAND T 3960 BAYSIDE PD MAPLE PLAIN MN 55359 38 05-117-23 23 0033 M G A S R FILBRANDT MICHAEL FILE'PAI70T 3960 BAYSIDE. RD MAPLE PLAIN Ix'J 55359 TOTAL BATCH 005 0001' I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TR:IE REPRESE►:TATI0*4 OF INFOPMnTION AS IT APPEARS THIS DATE UN THE RECORDS OF THE HENN PIN COUNTY DEPARTME,"T Of PROPERTY TAXATION. TO THE BEST OF MY KNOWLEDGE AND BELIEFDATE. � . / , .t a ilow�cSi� Or tc.cH :72 K,VER Tvo"Il xis-167N4 Lct L %�N t S a+Jd Vwlk*�S . WCOV-w. kowis plea PMG /.c U MINUTES OF THE PLANNING COMMISSION MEETING HELD k 4, 1987 #1122 BIG ISLAND VETERAN'S CAMP CONTINUED It was moved by Taylor, seconded by Cohen, to table this review pending the Big Island tour. Motion, Ayes 6, Nays 0. #1128 RAINEY ANDERSON 760 OLD CRYSTAL BAY ROAD PRELIMINARY SUBDIVISION - CLASS II CONTINUATION OF PUBLIC HEARING REQUEST TO BE TABLED Assistant Zoning Administrator Gaffron applicant has not submitted any additional therefore, staff and applicant request that tabled. stated that information, this item be It was rrL.ved by Chairman Kelley, seconded by Taylor, to table this application. Motion, Ayes 6, Nays 0. /•1133 BETTY MINER ,3830/3B60 SAYSIDE ROAD AWWTVISION - CLASS I CONTINUATION OF PUBLIC HEARING Betty Miner and her for this matter. agent, Larry Langhans, were present Zoning Administrator Mabusth stated that they received the additional survey information indicating no encroachments as previously thought. There were no comments from the public and the public hearing was closed. It was moved by Cohen, seconded by Taylor, to recommend approval of the lot line rearrangement subdivision as proposed. Motion, Ayes 6, lays 0. #1138 RONALD E. DBMSHAR 2821 CASCO POINT ROAD VARIANCES PODLIC RRMXNG 8:51-9:05 The Affidavit of Puhlication and Certificate of Mailing was noted. Ronald Demshar was present for th_s matter. Assistant Zoning Administrator Gaffron explained the request to a) add second story to main body of house which currently has substandard setbacks on both sides, b) remodel the portion of the house away from the lake to create an attached garage requiring 12'x3l' addition to house, and revise driveway; and c) construct a ground -level 12' x 24' deck on the lake side with a portion of sidewalk to connect to the existing sidewalk 7 PROPOSED l01 LIuE LEACRAnfd M(M FOA$EI it M14fil INLCf Sj, ADO110R'S St90.YISION 14lrla(O 261 1¢111IEPIN CDON11, MIn•dS014 �.\ 11:SF 1 AY C(SCPIPIIC4 IA) �\ t not nArl of %frf :Cloth ZC0 feet v1 �< tot 5). Auditor's Su41.1slon N"wur \ C\ \\ ZO). "eroe,^in Colony. Mi nresdl A.l y;nq ertL el A ItM nNNn4f d 'lIM "line \\ 10 to at A", fold A" e!,q A" De!nq delcriw as fo,lo•1. cawen.ltp a! the Soutnffsl corner �\ CI tall tot, thence nest along tn• $0 In I.Of sold tot I dl stance of 300 t!!t t0 the twin( of Dealnliinq of %Aid 'IIM A'. lMnc• defIvCtlnq right OS• to LM Refit. Ilne of tn4 I� Scl+th 7;10 feet, po U,r1 rn7in1, C .ter •1 '. PR:POS(D CESCRIPINN (A . 0) A)1"at Dart 4I l/M south ?00 feet of lot $1, Av0lfor's Sutliff, N at., ?O), 14nMpin County, MlnnefOU, I:Inq wlllrly OI / IIM INrOlnalt r rffe,reo to as 'a A•, Sold 'UM b•irlq described 11 folld.t: Cp■alenclnq it the fplotntV tt corner OE tald Lilt;In nt/ If/sC aIa" the Sou 1N IIM of said Lot • distance Of w •e( to the ►Otnt of tn"gln^Irq of Said 'Line A'; tM,ce efflfaing r;gnt 65 degrell 10 'fa north IsM Of (aid tololn feofect, and there f1di U h so ln;t dirt to to,." north c98.00 feet 0f the t*utn 60e.0 feet of tall Lat $l IJlnq westerly of the folio■inq dose rib" 1IM: Coaaafnclnq it the tenlhut of said 'Line A'; thenclo, k,th parallel .Its the last Ilne c.r told tnt to tr.e Perth )Ine of sold tells" 6E3.00 feet end s•Id 11" ttare ending. DESCRIPTION Cf 4EPAltII10 ►A?CEL 1:1 Lot 53. Auditor's SvGdlrl•lon It~ 203, NfnMDln CO•nty, Nllwryo(I. Ea't►f that wit of the tort" ivi eel: Of told tot U. AudltOr'1 S."Ddtelllon AUa4M t(i), fiffNffl." County. ai;nMSDI•. lytnq wetterlr of •IIM rwvj!Ntrr rrffrryI:�! 4', s•to 't IM 1' Deirq drttrltM'd aS foller.. caftwnclnq a! the sphlhfasl cor+Llr of Slid I. it, them/ Wool AID" I.* s:Vtn Ilnr of cold Lot • Cisl Arce 4f if0 felt to t^r point oI o1•jlnn1n9 of fold 'Line V . thence drrleclinq Iq"nt IS drgrels to the Mrtr, fin! of 1110 foutn "o I" I. MJ ll,frn fngirtg, AI SO (-CEPS t"t pint of the port" ON'00 feet of the H•loM 606_00 test 92Rf told IOL 5) lying westerly @f the ofllWlnq o tr l0ed Ilne roAAa■ncirq •t the t, tatnvs Of slid 'Line A•, thence North verai:r: nth iM fast lire of gala t:t to t^! nortl• I;-• of said golllh , 6.M feel awe SAA 1'10 11.e1 endi^j. Scale 1110' Carom 6 (.40I0196. IIK (nql Mart. i ell Sbrgn-,11 a^d P;pve s LON Laae. •:^:,ellota / / �_2110 PROPOSED LOT LINE REARRANGFMENT FOR BETTY MINER INIOTT;3, AluliOR'S 5Ul!OIPI`:16t( NUMBtR MENN11'I4 LOUNTY. NINNESOTA B EXISTING DESCRIPTION (A) That part of tf•e South 2CO feet of �\ < Lot 53. Auditor's Subdivision Weber 203, Hennepin County, Mirriesota,lying Westerly, of a line hereinafter referre: to as "Line A", said "Line A" being \\, \ described as follows Commencing at the Southeast corner \ of said Lot; thence West along that South Ilne rf said Lot a dista " Of 3UO feet to the point of beginning o' sa,d "Line A". thence deflecting rigt,t 8°' to Vie North line of Said Sr,ath 20U feet, and there ending, VVPOSED DES`RIPr16N (A . 9) C Off— fa LaC.Fi Lail 2- ara,. 1 » LR - :3`fs A, That part of that SouU' 200 fee. 7f 10. A. Auditor's Sutvfivision hurtt, 203. iennnpin County. Minnesett, 1)itig restariv of a line Hereinafter raferra. i !o s 'dine A", *.a1d "Line A" being j dN IYe� as fcllors: 11 Commencing at tt:'n Southeast corner Of said lot; thenc! West along th+ I ivuth line of Said lot a diStunte of 300 feet to the point of Geginni:, ` sa:1 "Line A'; thence defleciing 1 i q•.t nl, degrees to the _.. ...,,,�. and there � Mtding; 9)AL7 that par! of that' north 488.UO �C fee! of the South 688.O0 feet of Sai_ Lot 53 lying westerly of the following Rp l 1� described line: c1"W%etng a: tie terming: cf said — ---- "Line A'; thence North persilel with (� the east line of Said lot to the port' line of said south 6,08.00 feet avid Said fine tnere ending. DEVIkIPTiOM Of RERAfM111r, PARCEL (C) Lot 53. Auditor's ',iDdivision Munger 203, Hennepin County, Minnesota. EXCEPT the• part of the South 200 fW of said Lot 53. Auditor's vubdi::sio:• s,r-,. '03, He,: lain County, Mina Soto iyini 'lily 00 is line hereinaft" ►rrlfrl 'Line A", said 'line A" bong disc•, follows: (,+i.aienr ng a. ,ttiee%L L*r-W cf $a .i Let: ti, adon0 .na, i_ut', lint aFf $it, stance Of i •set to the pots, nnV s♦ i "Line A"; ti Me uo • ;ht 45 degrees to tie n,n _ lid SOUL ':rx:felt, and tnlr4 `.S.r L1jPT that part of ten nowt,• 4t3A.W feet of the south 6N.00 fe4O 5Of i•id lot 53 lying westerly of the 2`oil,wing deu•ibe0 line :umaiencln0 at the terwinus of Sala A"; +halm-t Morth parallel .. 14 fait i:ne of Sato lot to the r,•.., .: ' mo of >a(d south 60.00 fff' i,+ Itoo tt,er ending, i IN 6 411ilm i iN, t, rinlfrs. and ,.rreyors and otaAaW Irx:: t sill, Air".lt:lta .a &Iw101i Aft MaNkus. :TV am& sfewple _.Miv. R:w '. I" %wtA Av #_. a- -It SI, 4r.1 ,%loss MLONO., Atoll, rrlM raj oww. lklv," Iflft. L-1 s4.1 !10 IIll 41 V '1141ISIA1. PAKIL (c 8 PO #A, fqvt 14111% f"i pseq an of I.— 52. C. s mto% f.-,'Iv 10, 4",�tAlc *PAP "'A illm Pow % OtI ..4fs tsp 4 is"-.4 low Aa Affism.(W' oft to I 1 Sf 12-r "I. L_ To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Date: July 9, 1987 Zoning Administrator Subject: #1143 Donald Wildman, 745 Spring Hill Road - Variance/Conditional Use Permit - Resolution Application - Conditional use permit for a detached combination guest house and 4-stall garage; variance for accessory structure floor area in excess of 1,000 s.f. List of Zxhibits Exhibit A - Memo & Exhibits of 5/14/97 Lxhibit B - Planning Commission Minutes of 6/15/87 Exhibit C - Planning Commission Action Notice of 6/16/87 Exhibit D - Draft of Proposed Ordinance Amendment Exhibit E - Proposed Approval Resolution Discussion - Applicant owns 24 acres and i. proposing to replace an existing 3-stall detached garage with a 4-stall detached garage including a second -story caretaker apartment. The structure meets all current conditional use permit standards for a guest house. The floor area of 1,435 s.f. (footprint) plus 1,000 s.f. caretaker apartment requires a variance to the accessory structure floor area limit of 1,000 s.f. Please review the memo and exhibits of 5/14/87. Attached also find the draft zoning code amendment to allow oversize accessory structures as a conditional use rather than as a variance procedure. Note that Planning Commission yenerally had no conceptual problem with the structure proposed, but could not reach agreement on how much (if any) acreage to tie up with the house and guest house, and were apparently not willing to approve the variance for floor area because they found no justifiable hardship for such a variance. Planning Commission ultimately tabled the application until adoption of zoning code amendments making over- size acccaiaory structures a conditional use rather than a variance procedure. Then, at applicant's request, Planning Commission voted 6-0 to re -open the matter and then voted 4-2 to deny, thus sending the application on t-o Council. We have included the first draft of the proposed ordinance amendment which will be reviewed by Planning Commission at a public hearing on July 20. Staff would note that the proposed structure meets each of the standards proposed for such structures. Zoning File #1143 July 9, 1987 Page 2 of 2 Staff Reco� ndation - Realizing that the Planning Commission voted to deny this request presumably due to the absence of what they felt was a legitimate hardship, staff has drafted a resolution for approval based on applicant's stated hardship that the existing accessory b,i lding contains no storage area for the equipment and vehicles necessary to suitably maintain this 24 acre property and that a larger s*ructure combined with the proposed caretaker apartment is more aesthically and chitecturally appropriate for the property than a multiplicity of smaller, single -function buildings. If Council determines that the findicts of hardship in the resolution are adequate in this case to justify the variances, the conditions of the conditional use permit/variance resolution could appropriately be approved. If Council finds that those hardships are lacking, Counci l's alternative would be to either direct staff to draft a denial resolution or table the application pending adoption of code changes makiiiq oversize accessory structures a conditional use rather than a variance. The earliest that code amendment might take effect is late August or September. To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Frost: Michael P. Gaffron, Asst Planning & Zoning Administrator *e: May 14, 1987 Subject: #1143 Donald Wildman, 745 Spring Hill Road - Conditional Use Permit - Public Hearing Application - Conditional use permit for a detached cor•bination guest house and 4-stall garage, accessory structure floor area variance. Zoning District - RR-lB, 2-acre rural unsewered List of Exhibits Exhibit A - Application & Letter of Request Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Showing Proposed Structure Location Exhibit E - Building Plans Y Pertinent Pacts - Lot area = approximately 24 acres Proposed setback from house = 75' Proposed setback from Lydiard Lake = 80' Structure is behind the front line of the principal residene! Garage floor area (footprint) = 1,435 s.f. Guest apartment floor area above garage = 1,0,E s.f. +/- Discussion - This is a request fc!r i —i, i,-i � ind c•ondit Tonal i e permit to construct a 4-cur garacic- a ,i c ai � -'t ,k-t ii art rile.�I. above, replacing an existing a 3-car garage to be removed. The principal residence h ss boc n , c (-cnt 1 y, remeIeled and this new garage/apartment is des . gnee3 to arc h i t er. r ,i r a l 1 y (.-orrp l ement t ho house. The proposed st, r)cfure rt--f s t!,- <- 1 ` > re'�T i rc rt�rt - 75'-plus from lakesh,)re - 60'-plus from main residence (so tt i+ -wild he divided off and leave a 30' side setba-k) Zoning File #1143 May 14, 1987 Page 2 of 2 - Is behind front line of house, presuming west line of house is the f ront The lot area is such that the structure could be divided off with a 2- acre parcel, although that obviously is not applicant's intent. The structure appears to meet all the "regular lot requirements" as called for in Section 10.20, Subdivision 3 (G). The excess in floor area over 1,000 s.f. would not seem to be a problem given the intended use for vehicle storage and caretaker residence. This combination of uses is not unusual for the large estate properties in C:ono. Is there a hardship shown? Would Planning Commission be more comfortable with such applications if the size of the structure is not a variance but controlled as a performance standard within the framework of an "oversize accessory structure conditional use"? Would Planning Commission support an amendment that makes accessory structures over 1,000 s.f. a conditional use rather than a variance, and relate the acceptable size of accessory structures to the lot area, setback, etc? This guest house will require a separate sewage system. Staffs review of the soils map indicates this will be feasible. Testing and system design will be required prior to building permit approval. Staff Recasssendation - Staff recommends approval of the conditional use permit for a guest house use, conditioned on the standard ..renditions that it may not become a rental unit but is for the use of the c,rupants of the principal residence and their non-paying guests or domestic employees. Staff finds no objection to granting of the accessory structure size variance, but questions whether there is a hardship to justify that variance. Staff further urges Planning Commission to consider whether it would be appropriate to allow oversize accessory structures aE a conditional usr permit rather than a variance. jaO 4+v p%O--7rtJ a %&#P 4 VAIN I",�„ i, I c v p a J f.;1 J ►, 0 ' 14't ( 4' - , c re L �I a .+41 fl#w L • C> r' 'N 4 2-I/ re'= • r'r c y. CITY OF GRONO GENERAL LAND USE APPLICATION ---------------------------------------------------------------------------- PROPERTY LOCATION Site Address '7 �l'j '4)*V (A 0 Property Identification Number (P. I. D. ) f c, - / 1 a' 2 3:- 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 Phone (home) 11' 1 �� NameikA Ix Phone (work) LI y C, Address `14 `*) `., 0 s• k r ; � i , I 1 (�' I City �1%v t l Zip L.)`) 5` i ONNER (if different than applicant) Phone (home) Name Address Phone City Zip Date Property Acquired `�� (month/year) I (do) (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- FEES - CONDITIONAL USE PERMITS i---tea►.`\ � �-�-�'`, =-• / � � ,00 <5100.00 a ) Residential accessory Use $150.00 b) Institutional (church, school, etc.) _ _ $150.00 c) Duplex Credit/Bldg ,250.00 d) Commercial/industrial Use $200.00 f) Land Alteration Grading and filling - 101 cu. yd. or more Seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule OTYlR AFFMCATIONS $150.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 Basement vacation $ 50.00 Easement Vacation with Subdivision $250.00 Rezoning $200.00 Appeals Other - see fee schedule PRESENT USE OF PROPERTY Present Zoning District r� Present Use of Property X Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: --------------------------------------------------------------------------- (TIRED SUBMITTALS Completed Application Form. Certified Property Owners List of owners within 3501(you can obtain this list from Hennepin County Department of Finance A-603 Government Cernter 348-3271) 3. Stamped, legal sized envelopes (I10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Construction plan, if applicable. � _V-Plat------------------------------------------------------------------- The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. ---------------------------------------••----------------------------------- Certification by Zoning Department that Land Use Application is complete. Zoning Officials Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature n.rf� r % fll� - Date V411 OMNERS 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. Jy e �I Owner's signature _ �-.� � � ,._..� Date � it, o' --------------------------------------------------------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council, and, if an applicant is unable to attend a scheduled meeting, to please make arrangements to have an authorised agent attend in your place and to advise the building i Zoning Office of this change prior to the meeting. fso VAT • ■ CZ— 0� roll. NZ Property Owners List for 41143 Donald Wildman ex#" C 25-118-23 33 0003 Geo H. Partridge 625 Spring Hill Rd. Wayzata, MN 55391 25-118-23 34 0006/04/O5 John i Lois Nordstrom 541 North Stream Rd. Wayzata, MN 55391 36-118-23 23 0001 Bruce Dayton 4122 IDS Center Mpls., MN 55402 36-118-23 13 0001 Norwest Bk Mpls Trustee 8th & Marquette Ave. Mpls., MN 55479 36-118-23 22 0002 Frederick Winston 765 Spring Hill Rd. Wayzata, MN 55391 �r�s) L '� � 240_ A �A ZONING FILE :10. 1143 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 5/22/87 ------------------------------------------------------------------ TO: Donald Wildman COPIES TO: 745 Spring Hill Road Wayzata, MN 55391 ----------------------------------------------------------------- TYPE OF APPLICATION: XX Conditional Use Permit -------------------- -------------------------------------------- DATE OF MEETING: 5./18/87 VOTE: 7 For 0 Against Planning Commission recommends the following: Tabled: For reasons noted below NOTES AND SPECIAL CONDITIONS: rlanning Commission voted 7-0 to table this application until the applicants could be present. The next Planning Commission meeting is June 15, 1987. Please call Mike Gaffron at 473-7- if you or your representative cannot attend that meetii -----------------------------------------------------------------• Applicant's next sch luled meeting is confirmed as: Planning Commission Monday, June 15, 1987 If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. MINUTES OF THE PLANNING COMMISSION MEETING HELD I_ : 18, _.987 11141 SMITH BAY MARINA CONTINUED It was move-' c,y Be! lcws, seconded by Tay lor, to recommend approv,42 of the commercial site plan per staff's recommendation and fir.:;r -- rubje-t to: 1. C rditions 2 s 3 being completed within 1 year. 2. Approval -f variance to number of parking stalls required wish use of munic' parking lot for overflow para.nq; and to formally approve lakeshore setback, side Setback, an' hardcover variances for a new marina structure per star.` recommendation. Mayor Grab k voiced ,;cerns with excessi•,,e paving in lakeshore area as oppo:,ed to a porous parking area, and traffic patterns across County Rd 15. Bellows noted tha the paving is partially needed to designate parking spaces for an orderly park:':q pLttern. Mr. Love stated that the facility across the street will be a separate business and do nct anticipate a great deal of crossing County 15. �s 6, Nays 0, Abs ^ntior. 1. Cc .ien a. st.3 in. 1 d U e pr<_ our bLl-.iness dealings with Mr . Toherm, 01143 DONALD MILL)m_N 745 SPRING HILL ROAD CO>l)DITI r %AL USE PBRMIT PUBLIC HEARING This matter until the ecid of the Planr, r,y Coi - ssion meeri,iq. It was r^o%ed by Cohen, seconded by Johns(,.:, to sable this application unti: the applicant c)L tspresent3'_ve coull a in attendance. Mc- ,)r,, Ayes 7, N•iys 0. 111 SCOTT L LIZA HARVEY 1199 ELMWOOD AVENUE kFAR IANC sS r'UfLI Ba111t I Mc:; 10 : 2 5 - l h: 3 0 'he Aft i.i, • it u` .'uhl .cat ion .-i Lira H-1 y v: -.s , res. nt d ,d #.heir cent,- 3ctoi Rand;, Har ji. . hssiqt, ant Zt„ nn Administrator "affron exl. air, I the uest for lakeshore setba , average la�esh re tbaek, and hardcover variances to coestruct a 12'x,6' 2-story porch (Y-se above, Acre-nr.l t:elow) in place of thair exi inel . The porch wi l 1 extend abo-it 2' elor r vo t lake an the deck dr -a now. They wi 1 1 W I U 12'x13' port, 'r t de( k b• plans ah ,w - n-w 11 MINUTES OF THE PLANNING COMMISSION MEETING HELD-)UNE 15, 1987 VOYAGEUR SERVICE CENTER f'ONTINUED Planning Commission ex; ressed concern with interference ­f the canopy in the designated fire lan(a, and that the inspectcr _i:.ould determine if this would be a leis. M1. O'Sullivan noted that their hours of operation will be from 6 AM to Midniy,,z; the drainage will not he cha►::.,ed; and they plan to install all new gas tanks and lines, Zoning Administrator Mabusth noted that staf f no logger feels there w:.11 by a s acking problem with the car wash operation. Planning Commission unani.aously agreed that the code dice not have to be amended for this multi -use proposal.. t-here were no comments from the public rE _iarding this matter and the public hE ring was clo-.•-d. It was r:ved by Cohen, s .onded by lianson, to recnitmer.d approval of the varianc-a and commer,_:ial sitf plan finding no problem with the proposed parking plan and subject to approval by the Fire inspector. Motion, Ayes 5, hays 1. Bellows voted nay stating it was too intense Use for the size of the property specifically the convenience --or, ^d number of gas pumps. 114 3 DOW7 :.► I LDMAN 745 SPRINy DA ROAD COIIDITIOMnL USE PERMIT COr?XIMTION OF PUBLIC HEARIN.. 5:25-9:37 Mr. & Mrs Donale '`Idman we:e present for this ratter. Assist- Zoning Administratoi �af.rrcn e )lained the requef co construct a 4-car garage ano caretaker apartment above, replacing the existing 3-ca: garaqe to be removed. A conditional us- -rmit is ,-equ.•eu for a detached combination quest se and gara,,p, And floor area variance required accessory struct , e. The propcsed structure meets th,-tb-:ck requirements. The principal residence has been r :ntly remodeled and this new garageiapartm.ent is des , to architecturally complement the house. It was r.o• that the lot a, of approximately 24 acres is such that the structure c-t.ld be divided off with a 2-acne parcel, although thet is not the applicant.'s intent. In response to the questicned har'snip, Mr. Wildman stated that the existing "shed' contains no "terage and their sireahle hone and property sl ou Id have acompao(leting garage. j1-1-41',' NUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 15, 1987 ,-11'43 WILDMAN CONTINUED Frown noted that staff is working a proposed code amendment regarding size of allowed a 'cessory structures in relation to size of the property. Assistant Zoning Administrator Gaffron stated `hat this proposal would probably be in line with staff's recommendation. Bellows felt that there should be a cu,,-enant minimizing a future subdivision i.e. X number of acres must accompany the -)rinciple And accessory structures. Mr. 6 Mrs. Wildman voir-Pd agreement to Bel lows' recommendation. Cohen stated he could find no just_ }-j:e hardship, t -efore would vote to deny the applica. Johnson did not feel it was appropriate to tA. acreage with this type of application. There were no com nts from the public regarding this matter and the pubi_- hearing was closed. Motion 1 - It was moved Ly Johnson, se-onded by Hanson, to recommend approval of the conditional use permit and variance as requested. Motion, Ayes 2, Nays 4. Bellows, Brown, Kelley, and Cohen voted nay. Motion failed. Motion 2 - It was moved by Brown, seconded by Bellows, to recommend approval of the conditional use permit and variance subject to a stipulation that the principal residence and caretaker riouse/gam -ge must remain forever on a single parcel no lf.ss than 10 acres in area. Motion, Ayes 2, Nays 4. Hanson, Cohen, Johnson, and Ke__ey voted nay. Motion failed. Motion 3 - It was moved by Hanson, ser_o, 1 by Bellows, to recommend approval of the conditional use permit and variance subject to a stipulation that the principal residence ar,--11 caretaker house/garage must remain forever on a single parr-c>'A no less than 5 acrc-s in arFa meeting all setbacks, sep`ic primary and alternate sites eta-. Motion, Ayes 2, Nays 4. Cohan, Johnson, Brown, •ni Kelley voted nay. Motion . led: Motion 4 - It was moved b; Chairman Ke 1 _ -y, r led 1? Brown, to table until the -Ity adopts an or]. 2 with performance standards a lowing oversize — .essory stru tares as a conditional use rather than a ?Ariance. Motion Ayes 4, Nays 2. Hanson and Brown voted nay. MUTES OF THE PLANNING CUMAISSION MEETING HELP TUNE i5, 1987 } wILDMAN CONTINUED Mrs. Wildman felt it unfair to delay their application further and preferred to have it passed on to the Council. Motion 5 - I* was moved by Hanson, seconded by Cohen, to reconsider tabling action. Motion, Ayes 6, Nays 0. Motion 6 - It was moved by Cohen, seconded by Chairman Kelley, to recommend denial of the requested conditional use permit and variance (for purposes of moving thiF on to the Council). Motion, Ayes 4, Nays 2. Hanson & Brown voted nay. #1146 ST. EDWARDS EPISCOPAL CHURCH 1065 PSRNDiAI.E ROAD NORTH rOMDITIONAL USE PERMIT PUBLIC BEARING 9:49-10:02 The Affidavit of Publication and Certificate of mailing as noted. .epresentatives Richard C.A. Bell and William E. Martin were presen•, for this matter. Zoning Administrator Mabusth explained the request for a conditional use permit to allow day care/pre-school instruction by the Wayzata School District and the Mont-ssori School of Wayzata to be cond;iceed within the lowee level of the church building. The lower f locr area of the church cor.sists of varied classroom areas. The specific areas proposed by both agencies for such use have been designated on the floor nlan. Each agency would assume use of 2 - 15'x25' class areas divided by adjustable room dividers. Staff's major concern is the fact that the building is not served by a fire suppression system. The city of Crono adopted Appendix E of the State Building Code in 1982 which prohibits the proposed use by both agencies. The maximum student use is propored at 40 to 54 students and Appendix E would limit the amount: of sf ;i—ents to 30 unless a sprinkler system would be insta!'�d. Staff has recommended that one of the agencies use the facility for day care/pre-school instruction. The area of the classroom %-_uld have to be maintained under 1,050 s.f. with walls constru,_ted around the defined classrooms area. The requirement of Appendix E would be satisfied with this plan for operation of a day care/school. l :' ZONING PILE NO. 1143 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 6/16/87 --------------------------------------------------------------------------- TO: Donald Wildman COPIES TO: 745 Spring Hill Road Wayzata, MN 55391 --------------------------------------------------------------------------- TYPE OF APPLICATION: XX Variance XX Conditional Use, Permit DATE OF Mr'STING: 6/15/87 VOTE: 4 For 2 Against Planning Comission recomends the following: XX Denial for reasons noted below NOTES AND SPECIAL CONDITIONS: Planning Commission ma-'.e the following motions: Motion 1: Approve conditional use permit and variance as requested. Vote 2 for, 4 against; motion failed. Motion 2: Approve conditional use permit and variance subject to a .;:ipulation that the principal residence and caretaker house must remain forever on a single parcel no less than 10 acres in area. Vote: 2 for, 4 against; motion failed. Motion 3: Same as motion 2, except only require parcel to be 5 acres in area meeting all setbacks, septic primary and alternate sites, etc. Vote: 2 for, 4 against; motion. failed. Motion 4: Table until the City adopts an ordinance with performance standards allowing oversize accessory struct-res as a conditional use rather than a variance. Vote: 4 foi., 2 against; motion passes. Motion 5: Motion to reconsider tabling action. Vote: 6 for, 0 against; motion passes. Motion 6: Motion to deny the requested conditional use permit and variance (for purposes of civinq thi )n to the Council). Vote: 4 for, 2 against; motion psi<:Ses. Applicant's next scheduled meeting is confirmed as: City ::ouncil Monday, July 13, 1987; meetinq starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recordei af':er review and approval by the Planning commission. DRAFT 72087.1 TO: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Dates June 29, 1987 Subjects Zoning Code Amendment - Oversize Accessory Structures as a Conditional Use Discussion - The recent MacMillan tennis court facility application brought into focus a zoning code problem relating to accessory structures: although the zoning code prohibits most accessory structures larger than 1,000 s.f. in floor area in residential zones, when the Council determines that an accec`-,jry structure over 1,000 s.f. is appropriate, it is nearly impossible to justify the variance to allow such a structure because rarely is there an actual, definable hardship as required by law. Staff would suggest that to address this problem, accessory structures in excess oL 1,000 s.f. could be allowed as a conditional use, with a - accompanying set of standards that relate allowable floor area to t"I• acreage of the property, to the proposed setback from adjacent properties, and to the height of the structure. These factors relate mainly to the visual impact of the structure on neighboring properties. Additional factors to consider include intended and potential use of the structure and its impact on the -esidential nature of the surrounding area, i.e. traffic concerns, noise, odor, etc. An additional concern that Planning Commission may wish to address is that there currently is no limit on tl^e number of accessory structures on a given property. Technically, a rural property not subject to hardcover regulations currently could be almost totally covered with 1,000 s.f. buildings 30' high and 10' apart, as long as it also contains a principal residence structure. Staff would like to see a limit on the total accessory str:;cture floor area on a lot. Also, staff feels that the typos of accessory structures currently allowed to be in excess of 1,000 s.f. (namely barns, st ib l es, and green- houses) ghoul be subject to some floor area limitation and that other permitted uses that may have A structural aspect (tennis courts, pools, etc.) be likewise addressed. currently, these have no limitation under the cede. Zoning Code Amendment June 29, 1987 Page 2 of 5 Proposed Revision - As a starting point, staff would recommend the following revisions: 1. Redefine "peak building height" for accessory structures - so that height is measured to the peak, not to the mean ')eight. The downside of this is that we would have different standards for principal structures vs. accessor%* structures. 2. Revise Section 10.03, Subdivision 9 (B) to make barns and stables subject to the height conditions of the -onditional use permit. 3. Revise Section 10.03, Subdivision 9 (C) by removing the exceptions (barn, stable, green house) and noting chat accessory buildings over 1,000 s.f. are allowed subject to conditional use permit. 4. Revise Section 10.20, Subdivision 4 (B) to define tennis courts and swimming pools over 1,000 s.f. as subject to conditional use permit requirements if they are enclosed (i.e. have a roof). (Fences around a pool or tennis court would not alone instigate the need for a conditional u, )ermit.) 5. Add Section 10.20, Subdivision 3 (Q). Accessory buildings in excess of 1,000 s.f. (use of the word buildings will exclude non - roofed structures such as tennis courts and pools) with standards for allowable floor area based on acreage and required setback a function of floor area and peak height. Proposed Language The Municipal Code of the City of Orono, Minnesota is aswnded by adding ordinance No. , Second Series: SECTION I. Orono Municipal Code Section 10.02 is hereby amended by addinu the following definition: "BUILDING HEIGHT- ACCESSORY STRUCTURE" - The vertical distance from the elevation of the adjoining ground level to the 'op of the cornice of a flat roof. to the deck of a mansard roof, to the uppermost point on a round nr other arch ty-pp roof, to thr highest ridge of a hip or pitched roof. Zoning Code Amendment June 29, 1987 Page 3 of 5 SECTION II. Orono Municipal Code Section 10.02, Subdivision 9 (B) is hereby repealed and the following Language substituted in its place: B. HEIGHT RESTRICTIONS. No accessory building or structure in the "R" District shall exceed the height of the principal building except as allowed by the provisions of a conditional use permit. SECTION III. Orono Municipal Code Section 10.03, Subdivision 9 (C) is hereby repealed and the following language substituted in its place: C. AR .STRICTIONS. In all "R" Districts, no accessory building shall exceed 1,000 square feet of floor area except as allowed by the provisions of a conditional use permit. SECTION IV. Orono Municipal Code Section 10.20, Subdivision 4 (B) is hereby repealed and the following language is substituted in its place: B. POOLS, ETC. Private swimming pools, te,:nis courts, and paddocks, subject to the area and height restrictions for accessory buildings and subject to a conditional use permit if such pools, tennis courts, or paddocks are enclosed by being covered with a roof and exceed 1,000 square feet in area. SECTION V. Orono Municipal !'ode Section 10.20 is hereby amended by adaing Subdivision 3 (Q) as follows: Q. ACCESSORY BUILDINGS IN EXCESS OF 1,000 S.F. OF TOTAL FLOOR AREA. Accessory buildings in excess of 1,000 s.f. in total floor area, subject to the following restrictions: Zoning Code Amendment June 29, 1987 Page 4 of 5 A. LOT AREA Up to 2.0 acres 2.01 to 3.0 3.01 to 4.0 4.31 to 5.0 5.01 to 6.0 6.01 to 7.0 7.01 to 8.0 8.01 to 9.0 9.01 to 10.0 10.01 to 15.0 15.01 to 20.0 23.01 + MAXIMUM ALLOWABLE FLOOR AREA OF EACH ACCESSORY BUILDING 1,000 s.f. 1,500 2,000 2 3, 3,5,9 4,000 4,500 5,000 7,500 10,000 15,000 *MAXIMUM AGGREGATE FLOOR AREA OF ACCESSORY BUILDINGS 2,000 s.f. 3,000 4,000 5,000 6,000 7,000 8,000 9,000 1u,000 '0,000 + 1,000 sf/ac Over 10.0 acres * Note that no conditional use permit wuld be required if, say, ar 8. acre lot had 9 - 900 s.f. buildings, since the aggregate is less than 9,000 s.f. and each is less than 1,000 s.f. in area. BUILDING MINIMUM REQUIRED SETBACK B. FLOOR AREA FROM ALL LOT LINES 1,000 F.f. 10' 1,500 15' 2,000 20' 2,500 25' 3,000 30' 3,500 35- 4,000 40' 4,500 45' 5,000 50' 7,500 75' 10,000 100, 15,000 150' Zoning Code Amendment June 29, 1987 Page 5 of 5 C. DEFINED PEAK HEIGHT 0 - 15' 15.1 - 20' 20.1 - 25' 25.1 - 30' MINIMUM REQUIRED SETBACK As in (B) above As in (B) above, but in no case less than 20' As in (B) above, but in no case less than 35' As in (B) above, but in no case less than 50' D. Accessory Buildings shall be setback from all other accessory or principal buildings by a distance no less than 10' (maybe this should go back in Section 10.03, Subdivision 12. . .). E. Consider screening requirements? L L $ 10.03 Subd. 7. One Building Per Lot. Except in the case of Planned Re L4ep t &� Developments as provided for hereinafter, no more than one principal building shall be located on a lot. Subd. 8. Lots to Face Streets. Each lot shall face on a public street or appropriate private easement. Subd hcce ss� Buildings. A. Time of ,nst_. -tion. No accessory building or structure bhall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. B. Height Restrictions. No accessory building in the "R" Distr .all exceed the height of the principal building except barns or stables :hich shall be subject to the approval of the Council. C rea Restrictions. In all "R" Districts no accessory bui ng shall exceed 1,000 square feet of floor area except barn, stable or greenhouse. D. Location. No detached garages or other acces- sory bi'ldin9 shall be located nearer the fr-nt lot line than the principal bu ,a,ng on that lot except on lo,s which have frontage on a lake. Source: Municipal Code Effective Date: 9-14-67 1. Location of Principal Suil.' �ig to Lakeshore. No principal building shall be located closer an 75 feet to the natural ordinary high water mark of a lake abutting the property. This lakeshore setback shall be determined as the mean horizontal distance between the natural ordinary high water mark on the lakeshore and the allowable building line. 2. Variance From Takeshore Setback. Any application for a variance from the requirements of Item 1 above shall he referred to the Minnehaha Creek Waters. District for its approval before final action by the Council. Source: Ordinance No. 155 Effective Date: 2-14-74 Subd. 10. Conditional Use Permit Required. A11 acces- build_ings on through lets iocate,i in "R" Dis ricts shall A c iditional use permit. Subd. 11. Dwellinq Use Prohibited. No c ,1 ;..ar, hrs- trailer, or accessory building shall at any time be .s an occupied dwelling. ORONO CC _y5 (4-1-841 10.20 SEC. 10.20. < lA (We. FAMILY RESIDENTIAL DISTRICT. Subd. 1. Putpo::? "R-IA" One Family Residential District is intended to provi district %!hich will allow a combination of low density re ntial development and limited agrie.!�ltural activity. planne� esi-'-ntial developments may be allowed by ;;on9itional use pe, "lie district shall have immediate access to highways an.j E Mary sewer. Subd. 2. Permitted Uses. th n any "R-lA" One Family Residential District, no structure or 1znd shall be used except for one or more of the following uses: A. One family detached dwellings. D. Public owned parks and playgrounds. C. Municipal huildings. Subd. 3. Conditional Uses. Within any "R-lA" .i-e Family Residential District, no structure ur land shall be used for the following uses except by conditional use permit: A. Schools. Public schools and parochial or private schools which teach a curriculum similar to a public school provided no building shall be located within fifty feet of any lot line of an abutting lot in an "R" District and :hat a fence be erected fifteen feet or more from all street lot lines where the abutting use is for open play, and nursery schools providing fifty square feet of playground space per pupil. B. Churches. Churches includin; those related structures located on the same site which are an integral part of the church proper, convents or homes for persons related to a reiigi)us function on the same site provided nn building other than a residei,ce shall be located within fifty feet of any lot line of an abutting lot in an "R" Districc. C. Cluhs, Camps, etc. G.,it coo-', country cluhs, tennis club, public swimming pools serving -!.an one family, scout camps, YMCA camps, YW,..A camps, churcr or private non- profit parks, playgrounds and other similar The ;principal structure for any of the above listed uses sh-11 he 110 feet or more from any abutting lot in an "R" District, a j at.:-essory structures shall be a minimum of fifty feet from ar li -I�. 5, k,u6lic Service :�tr�-i< tures. j' : is service str. es, i '.iding but n{.' _ limited to electric trynsmission lines buri-g-4 such as telephone # hanye stations. )Oster or pre: ►.• la*ind stations, we.t!s, s!0 pl--ibing a�ations, elevat ... Ks, lift stations ant e' r,o..er su .,tatir>ns, provided ,. bvildin; shall he locate in t � fty feet zoM any lot line of +,o abutting lot in an "R" Lrict. 'ric,r to Y,ar,ttn-1 such permit it shall be `ound th..t the chitectural iesi,jn of § 10.20 service structures is compatible to the neighborhood in which it is to be located and thus will promote the general welfare. E. Greenhouses. Commercial greenhouses provided all outside storage is fenced in such a manner so as to screen the stored material from view when observed from the public street or & joining lot. • -;Ct (Z��l�S�eN F. Recreation Areas. Private gun clubs, archery es, riding(tables, ski slides, provided the area is fenced and r.• :-art of the principal use is less than 100 feet from any lot �fC ti2tNA_10N G. Guest Houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. H. Planned Residential Development. Limited to detached single family dwellings only and -•ubject to the limitations of Section 10.32. ` 1. Duplex Credit. One duplex may be located on a single lot as a conditional use upon application therefor provided that public sanitary sewer service is available, -d the lot is adjacent to a commercial or industrial district, and the duplex is constructed within 200 feet of the commercial or industrial district. A duplex is defined as a two-family unit residential building. J. Apiaries. Animals. The keeping of domestic animals for non-com mercia..--purposes including horses 'or the use of the occupants of the premises, provided that any accessory building used for housing such animals shall be located not less than 150 feet from the nearest lot line. A minimum of one acre in aggregate, exclusive of one acre for the principal building, must be available for each animal unit, except as hereinafter set forth. A minimum of two acres of open pasture must be available for , single horse and one additional acre must be available for each additional horse. When the horses are kept stabled and do not require pasture for feed purposes, the minimum pasture requirement may be adjusted at the discretion of the Council. Such minimum pasture acreage shall not include low lying lands unusable fc- pasture or grazing. Any person keeping such animals must comply with the provisions of the City Code. Farms (Crop) . Provided that the area is ten or more acres. Source: Ordinance No. 12 Effective Dates 1-1-75 ORCMO CC 210 ( 4 - I - 8 4 ) 5 10.20 M. Antenna Structure. One independent antenna structure with antenna or combination of antenna attached t,iereto, subordinate to and servicing the principal use or structure on the same lot and customarily incidental thereto that is no* attached to another structure provided the height of the antenna Structure does not exceed 61; feet and the antenna structure is set back from any lot line a distance at least equal to the total height of the antenna structure. Source: Ordinance No. 177 C' Effective Date: 6-5-75 Within any "R-lA" One Family Residential District, no--cessory structure or use of land shall be permitted except for one or more of the following uses: 'arages. Pr�vate garages and parking space. Dols, etc. Private swimming pool, tennis courts, and p C. Home Occupations. .Any gainful occupation meeting all of the following requirements when engaged in only `)y persons residing in their ]welling, when there is no employed assistant, when that occupation is conducted within the principal structure only, when evidence of the occupation is not visible from the street, no signs other than those permitted in "R" Districts are present, no excessive stock in trade is stored on the premises, over the counter retail sales are not involved, thA entrance to the home occupation is gained from within the structure, and the use does not adversely affect the character of the uses permitted in the district in which it is located. A professional person may use his residence for consultation, emergency treatment or performance of religious rites but not for general practice of his protessi')n when su.`, generaal practice will involve the need for more than three sift 'trees parking spaces for the occupant and visitors. r. Signs. Signs as regulated in the Zoning Chapter. Temporary Structures. Buildings temporarily located for pu. -,es of constructing on the premises for a period not to exceed t ! neces:;ar/ for such constructing. F. Gardens, etc. Gardening and other horticultural uses including aviaries and decorative landscape features. G. Roadside Stands. One roadside stand offering for sale only farm products produced on the premises provided that such stand does not exceed 200 square feet in area and that it is located at least thirty feet back from the public right-of-way. Source: Ordinance No. 172 Effective Date: 1-1-75 ORONO CC 281 `4-1-94) City of ORONO RESOLUTION OF THE CIT / COUNCiI_ NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9(C) AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.20, SUBDIVISION 3(%;) FILE #1143 WHEREAS, Donald Wildman (hereinafter "the applicant") is the owner of the property located at 745 Spring Hiil Road within the City of Orono (hereinafter "City") and legally described as follows: rxhibit A httached (hereinafter "the property"); and WHEREAS, the applicant has made application to the City of Orono to permit construction of a combination detached garage and guest house per Municipal Zoning Code Section 10.20 Subd. 9(C), such accessory structure exceeding the maximum allowable floor area of 1,000 square feet and requiring a variance to :Section 10.03 Subd. 9(C). Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS I. This application was reviewed as Zoning File 01143 2. The property is '.ocated ir• the RR-1B Single Family Rural Residential Toning District. 3. The property is approxirr:itnly 24 acres in area. 4. The Orono Planning Corrmission reviewed this application on June 15, 1987, and recommended denial of the requested variance and conditional use permit on a 4-2 vote, finding that no hardship exists to justify qranting of the requested floor area variance for the proposed structure which contains 2,435 s.f. f loor area where only 1,000 s.f. of floor area is normally 411owed. 5. Council finds that the size of the property at 24 acres creates a legitimate need for storage space for the equipment and vehiLles needed to maintain that size of property, and finds that it would be a hardship and would not be aesthetically pleasing nor architecturally appropriate to require that the functions of the proposed structure be relegated to multiple accessory buildings on the property. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6. The Council finds that the proposed location of the structure meets all the lot requirements of Section 3(G) for guest house use. The proposed location of the structure will have no effect on neighboring properties, being over 50G' from the nearest off - site residence structure. 7. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; in necessary to preserve a substantial property right of the appli- cant; and would be it, keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 8. The City Council finds that granting a conditional use permit to allow the proposed guest house use will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will i•- depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCWSIONS, ORDER AND CONDITIONS Based upon ore or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03 Subd. 9(C) to allow construction of an accessory garage/caretaker residence structure of 2,435 s.f. where accessory structure maximum floor area of 1,000 s.f. is normally allowed, and granting a conditional use permit for guest house use of that structure per Section 10.20 Subd. 3(G), sub jor-r to the fol lowin j conditions: 1. The accessory structure shall be located and per the site plan attached as Exhibit 6 of this resolution, anti shall Le constructed per the proposed plans. Any increase in floor area or changes to the location of the structure will be- subject to further City review. 2. The guest house use is approved for the sole use of the occupants of the principal residence, including their domest.c employees or non-paying quests. Tho quest house shall not be rented out. Page 2 of 4 City of OR()NO RESOLUTION OF THE CITY COUNCIL NO. ong as the guest house use exists, the quest house r;tructure shall remain on a parcel of land also containing the principal residence, such parcel of land to contain at least 4.0 acres of dry buildable land and maintaining the normal RR-1B setbacks from the gt:est house to any proposed future lot lines. 4. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special c.odit ions of this esolution will expire on that date (July 13, 1988). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misder-anon. 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 0r,,no City Council on this 13th clay cf July, 1987. ATTEST: ba-Srothy M. Ha in, City Clerk Property owner .James R. Grabex, Mayer Pa" 3of 4 i , _� �! 11.Ri i...1I � M' Gil n7K •K�v+ x . Ntl � - .vim r..i . :.. � eo + � i/ G0.. wd. •fOM 1/t' ►EMD��,•yyr..... t f. t- 1� _�"'- - _ - sty M:Lu11.f•t,. ♦ i Ag -- 1 1 InaiRa 1 6 1 '-� ,! i c `� ' (N ..'� f�f • +f;+�:Sto......1. mot• - (I ���..+Jy � � _ � �1U�w;.w^i �nr"', •��•,J�1': ��,y y.. .� .•..� .. �.,• . � :t � I.h r�v_•,.�t,:.. mot.. 1 + _ A+/U+IIR 1� r IJ.i, i..�i • �f14•-!•'• : s �`.Y ►...J�.✓ �`..ii.. ,1 � W !•ut t+� k..: ♦11tr:.�GfJ► • •:'C Wr�•/rf � •� . /� _sw.wr viw !�a = .1'•e' _ .c wtic� ) s �•ri^.. ' j V, � . 1 sit. ,�'�i"-'i. ' i � '— •� `_-` • � � �� F'll ^+1e�'" _� �y�S •IIgel ME o ig �... ,S � A.~-_ 1� .TI" t 'pKt ,,5► it .:.'s >v-' N� :• l. V . � .. ! ♦ � ♦ RC...1u�!vH 40 f t14 arPfi7 tt r 1 i , a owe j •JIM:14 I 'i 11�� R� /Wt /w• f'-rJ' (IC+t1.Q air! e+�c*.•u.N'.1�•'�: R j A le.4-M �4 f-;SW MASO"Ok it flu. P6. PR NOT I S-ft r6AN zo, 0% i � a i f No�c-W k=-XPt'-COCAY o! z - - '. = _,.wsy_I — - - t d - e► .sal:.. '- - --- >1r�x . , ,, w► w % Lx% s.o^t s.n: i _ -,j — , I :0. C-sl 'I -- s .la..r...�. �`, _ 'ZjW YAt jr �� I W *W.? �, � �, � t.�..Y? «pia:. • riMf A r,�Slattlf: 6� J1.Wa'�Rsr+ 14Ae� .r I L� 1 L PRELIM NOT F IN�Y A CONs T' � ., ` q Fier A Zag P.4 L 0 13 To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planninq & 'Zoning Administrator Date: July 9, 19L7 Subject: #1144 J.W. Cragg, 735 North Ferndale Road - Final Plat Approval - Resolutior The applicant is completed all requirements for final plat approval. Staff recommends . ,p gal per the attached Resolution of Final Plat Approval. PROPOSED MOTION: Moved , seconded , to approve the final plat of "Janet Acres" for J. William Cragg at 735 North Ferndale Road per the attached Resolution No. _ Ayes _, nays i City of ORONO RESOLUTION OF THE CITY COUNCIL NO. i A RESOLUTION APPROVING THE PLAT OF JANET ACRES APPLICATION NO. 1144 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City o: Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision by J. William Cragg, the subdivider; and WHEREAS, on June 8, 1987, the City Council approved Resolution No. 2197 granting preliminary approval for a 2-lot plat of property located at 735 North Ferndale Road; and WHEREAS, the proposed plat contains two lots each exceeding the 2.0 acre minimum lot area requirement. Both lots require a variance because they do not front on a public roadway. Both lots require a variance to the 200' lot width as measured at the rear of the 50' front yard abutting the proposed cul-de-sac; and WHEREAS, the subdivision has been found to meet all other standards of the RR-lB zoning district finding that each lot is of a size and configuration that will allow its use as a single family residence to be fully developed without the need of any further variances, and WHEREAS, both Lots 1 and 2 have been demonstrated to -ontain suitable sites for primary and alternate drainfields to serve the proposed single family residences; and WNRREAS, Outlot A shown on the plat is dedicated for future use as private roadway and cul-de-sac; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Completion of all the requirements of Resolution No. 2197. 2. Creation of a new private road right-of-way shown on the plat as Outlot A, for future use as private roadway Page 1 of 41 City of oRONO RESOLUTION OF THE CITY COUNCIL NO. 3. Concurrent with the creation of this Outlot, the Subdivider has dedicated to the City a Road and Utilities Easement granting to the City permanent access, improvement and utility easements over said Outlot; the Subdivider has created non-exclusive ingress, egress, drainage and utility easements over said Outlot in favor of all abutting and/or benefiting lots including a declaration of certain maintenance covenants wherein each of the abutting and/or benefiting lot owners covenants and agrees to permanently maintain and pay the cost of maintenance for said private road. 4. Dedication to the City of a Flowage and Conservation Easement providing for limitations on the use of wetlands and/or drainageways described therein and occurring within Lots 1 and 2. 5. Payment to the City for the legal review and filing of the plat easements and covenants in the amount of $150.00 anC Park Fees in the amount of $400.00 NOW, TBERElORE BE IT RESOLVED, that the City Council of th(, City of Orono hereby approves the plat of Janet Acres, Hennepin County, Minnesota; subject to the following conditions: 1. A variance is hereby granted to Lots 1 and 2 which do not front on a public roadway as required. 2. A variance is hereby granted to the 200' lot width standards for Lots 1 and 2. 3. The road outlot for future roadway use shall be privately owned and maintained per the Declaration of Private Road Easement and Declaration of Covenants for Maintenance of Same executed by the developer. 4. The aforesaid plat sha 11 be f i led by the City of Orono with the Hennepin County Recorder's Office on or before January 13, 1988 together with a certified original copy of this Resolution and executed copies of the documents as noted above. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file, a new application with the City of Orono for subdivision review. Dated this 13th nsy of July, 1987. ATTEST: Dorothy M. Nallin, City Clerk James R. Grabe•:, Mayor Page 2 of 2 •!M� LfBrarC Lotv 1 4sorY w. Y 33 �i •«••►� Y I.a�•n.� �.lo.• .I.I •.r..• irk. },.�.t...w tww F�","i65rr.«clro � JANET ACRES Il«r Lw. of C-1 to.%So X r_- r71 It \ trnl ►•r.Srw ..Y we 3)Ote.• J6 SA . • tlo•r. Y•w ./ co. • t« >. Sec $N lNo1� `.� •,��• TMO0 . \ •. �. �_ — _ \ _ — — _ — -ems a _ — _ — — — � — � W T t 01 wwr • wit goc •c c..tr..•q',B I• `L �,•_ \O I /;_^�� r rltl i o u3. Sm 16 g dA 2 � SMNT Ir► •M.Ne• YM 1 D)�• 6M SiO.Ci _. .... r)J07 I .;I": (M w.00l"R'') t0! 07 Moh S. r+o^o•eV• SFr U" •.t rt�S.-S 91 tnf)t COI•.. " ..troa ►.., itr for.Vty t.w--t .a5 acs'te.11lo�r� We+. �! U1L MT _-. proDor:f iil_etr7 Sn the M y wrKr e.. E^yr^..r Tnat part Of 40.M'1. --14•�rVi^iwTi•M-w[i �•••ttn`; .t • Dot nt t of (fir LIST ..DS rft I I-W of salA t a otstaTLce of v «u•o . t• 1a-Yc pf 106.75 fM .. '•�` wN\ «.: .Pf+Oe•.1 .^0 or(,-Wl 4 W IN, :It1 Cov'cll NS IN W0 0 (}.r'�. 11r..., .o... .t .N••nr..• tr.•t 1^•t .iw.— A Irt 1A•', tC Ito l.ri, •Ito 1� .. ..�... r.• r .w.. •++• n• ).�^. l•IIr1 �. 10^ .^rl IlA• ttr"IT /ofZZOO , MY TO: Mayor Butler Orono Council Members City Administrator Bernhardson FROM: Jeanne A. Mabusth, Zoning Administrator DATE: July 7, 1987 SOBJ: #1149 Scott Vickerman, 2500 Sixth Avenue Ndrfhh,3-� Renewal of Conditional Use Permit - Resolution List of Exhibits A - Application B - Plat Map C - Property Owners List D - Council Minutes of 10-15-84 E - Topography Survey F - Preliminary Sketch (locating septic areas and other improvements) G - Section of Pond ii - Hennepin Conservation District Report I - Resolution #1685 Background on original Application #846 cpproved 10-15-84 The original application involved both -)ts 2 and 3 of Willow Run plat. The pond proposed for lot 2 and installed sometine in 1985 wo.s to drain under the shared driveway via a drainaga tile to lot 3. The outflow elevation of pond on lot 2 is 1 foot higher than invert elevation to pond on lot 3. Currently the overflow drainage from the drainage tile empties above ground on east side of lot 3 and flows through the property via a drainageway to the drainage ditch along County Road 6 (see exhibit E). It is the desire of the current owner to proceed with the installaition of the pond on lot 3 as originally proposed in 1984. The pond will be of the same design as the one installed on lot 2 with a maximum depth of 5 feet and 4:1 side slopes provided on one side of the pond. The overflow elevation (approximately 1031) will not impact the septic systems on either property nor will it create problems for surrounding properties. Planning Comission Recommendation - To approve the renewal conditional use permit application of Scott Vickerman subject to the conditions set forth in the original resolution #1685, that approved the plans for the installation of a pond on lot 3 except for the requirement of a conservation and flowage easement. A second resolution has been drafted for Council action approving the installation of a pond on lot 3. City of ORONO RESOLUTION OF THE CITY COUNCIL ?. NO. A RESOLUTION GRANTING A CONDTIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISIONS 19, 20 i 21 FILE #1149 WHEREAS, Scott Vickerman (hereinafter "the applicant") is the owner of property at 2500 Sixth Avenue North located within the City of Orono (hereinafter "City") and legally described as Lot 3, Block 1, Willow Run (hereinafter "property"), and WHEREAS, the applicant has applied to the City of Orono for a renewal of a Conditional Use Permit per Municipal Zoning Code Section 10.03, Subdivisions 19, 20 & 21 to permit the excavation of a decorative/wildlife pond involving the excavation of approximately 835 cubic yards of material. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as 'Zoning File 01149. 2. The property is located in the RR-lB, Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on June 15, 1987, and recommend-,d approval of the renewed conditional use permit based upon the following findings: a) The excavation for the pond will have no detrimental effect on the surrounding property. b) The improvement will enhance the aesthetic value of the property. c) The excavation will not impede the natural drainage of the area. 4. The area to be excavated is not a designated wetlands and is outside the Flood Plain and Wetlands Conservation area. Page 1 of 4 �r City Of ORONO RESOLUTION OF THE CITY COUNCIL 5. The City Council finds that granting a conditional use permit to the applicant for the construction of the wildlife pond would not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazaicl or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Ccuncil hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.03, Subdivisions 19, 20 & 21 to Scott Vickerman to allow excavation of a wildlife pond, subject to the following conditions: 1. The construction of the pond must follow the guidelines setforth in the recommendation of the Hennepin County Conservation District: a) 4:1 slopes maintained on one side on pond. b) Pond depth not to exceed 5 feeL. c) Maximum surface area not to exceed 8,000 s.f. 2. The pond must conform to pertinent standards set by the Minnehaha Creek Watershed District. 3. The grassed swale outlet area must be maintained to provide assimilative capacity and may not be covered with itr.permeable surface materials. 4. The applicant is advised of the homeowner's liability in case of serious accident or death at this pond. Some recommended safety measures are: a) Post warning signs. b) Construct pond with 4:1 or flatter sideslopes. c) A low fence is suggested to keep unsupervised children or toddlers from accidentally wandering into the pond. Posting the pond against trespassers does not relieve the owner of the safety responsibility incurred. Page 2 of 4 UP City of ORONO t RESOLUTION OF THE CITY COUNCIL NO. _ 5. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be completed within one year of the date of Council approval or the special conditions of this resolution will expire on that date (July 13, 1988). 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. 7. The undersigned owner 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 July, 1987. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor (1) Property Owner Page 3 of 4 c CITY OF ORONO GENERAL LAND USE APPLICATION --------------------------------------------------------------------------- PROPERTY LOCATION Site Address vc.5oo (, iIN �\VL Property Identification Number (P.I.D. )�-" 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 Phone (home) �� %_' Name iG { }' 1 F� (�rY� N Phone (work) Address -r �(� --------------------------------------------------------------------------- ��t� Arc' City Dr ? Zip OWNER (if different than applicant) Phone (home) Name 330�_-4) - Phone Address City Zip Date Property Acquired _ (month/year) I (do) (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- MRS - CONDITIONAL USE PERMITS $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f ) Land Alteration krN,►�:h Grading and filling - 101 cu. yd. or more Seawall, retaining walls within 75' of lakeshore PRO/PID - see fee schedule O'PNiRR ALIGTIOM $lS0.00 Cosmercial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 Easement Vacation i 50.00 Easement Vacation with Subdivision $250.00 Resoninc $"0.00 Appeals Other - see fee schedule PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) ---------------------------------------------------------------------------- DESCR,....._,.., „13 „v. ". d%m RNQUIRED 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 (f10) pre -addressed to each of the names 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. Please remember that your application is not complete if the above information has not been included. --------------------------------------------------------------------------- Certification by Zoning Department that Land Use Application is complete. Zoning Officials Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. l , Applicant's signature fht�v' •�-Date l 0 NRRS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorised reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and vekification of this re est. Owner's signature( ,/t;���t2,��� - I � � '��� Date � •�� / S:Lz ------------------=--------------------------------------------------- --- Applicant must have all submittals into the cicy offices 25 days before the Planning Commission Meting. Elanning commission meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the planning Commission and Council, and, if an applicant is unable to attend a scheduled meeting, to please make arrangements to have an authorised agent attend in your place and to advise the Building i toning Office of this change prior to the meeting. RUN DATE 07/19/84 BATCH 003 38 28-118-23 41 0002 PROP ADDR 01125 WILLOW DR N • =NER NAME K S R HAWKINSON TAYPATER KEVIN B S RAMONA F HAWKINSON flAME/ADDR 1125 WILLOW DRIVE N LONG LAKE MN 55356 HENNCPIN COUNTY PROPFRTY TNFORMATION SYSTEM PROPERTY OWNERS LIST ® 38 28-118-23 41 0005 PROP ADDR OWNER NAME T d C CARROLL TAXPAYER THOMAS P CARROLL NAME/ADDR 2600 6TH AVE N LONG LAKE MN 55356 38 28-113-23 44 0001 PROP ADDR C1:NER NAME ORONO CENTER PROPERTIES TAXPAYER ORONO CENTER PROPERTIES NAME/ADDR C/O Reiersgord Law Firr 4945 tialfax Ave S. Suite 7 • Z din,,, mN 55424 PROP ADDR UW4ER NAME TAXPAYER TOTAL BATCH 003 00009 NAME/ADDR k Gt=( 'JL 2 a l9r8:: OF 38 28-118-23 41 0003 Stem Bouley 2450 6th Ave. V. Lang Lake, NN 55 350 38 28-118-23 42 0003 02600 SIXTH AVE N T P C 0P OLL i C A CARPOLL THOMAS P CARROLL 2630 6TH AVE N LOttG LAKE MN SS356 80 23-118-23 14 0001 THOMAS WEISER ETAL FRED KELLER 1255 N WILLOW DR LONG LAVE 'N 55356 REPORT NO. PI435401 PAGE 4 38 28-118-23 41 0004 Scott Vic:ker dan 2500 6th Ave. h. LCTIq Lake, !,4•3 553>ra 38 28-118-23 43 0002 00950 OLD CRYSTAL BAY RD N ALDIN F THIES E7 Al ALBIK F THIES 1442 HOKSTEAD TRAIL LONG LAKE MN $5356 80 26-118-23 14 0002 01255 WILLOW DR FPEDRICK J KELLER JP F'AL FREDERICK KELLER 4 R T 2 yx 1, LONG LAVE MN 55356' I CERTIFY THAT THE FACTS REPPE- NTED ARE AN ACCURATE AND Tl;Uf REPRESENTATION OF INFCRMATION AS IT APPEARS THIS DATE ON ThF RECORDS OF THE HENNEPIN COL04TY DEPARTMENT OF PROPERTY AXATION TO TKE BEST OF MY KNOWLEDGE AND BELIEF. DATE W MINUTES OF THE RE ULAR COUNCIL. MEETING HELD OCTODI-:R 15, 1984. I'!+(;': 3 180G W 1 I,L.OW 1'R01'I:RTI ES " o -LEEKLEY'S INC 2500 SIXTH AVENUE NORTH CONDITIONAI. USE PERMIT RESOLUTTON 11685 Mayor Butler moved, Councilmember Adams seconded, to approve the preliminary subdivision for Willow Properties for a three lot subdivision finding all standards of the RR-lB zoning district and platting code have been satisfied, subject to the following: 1. Dedication of right-of-way for Highway 12, Old Crystal Ray Road and Willow Drive. 2. City to ^cquire underlying road and utility easement:. over Outlot A. 3. Payment of park fee for Lot. 1 at $200. Park fees for I,ot 2 and Out lot B are not waived but postponed for future dejelopment. 4. Plat road to be constructed per City specifications up to Library's private drive. Wetlands within Lot 2 and Outlot B to be designated in future platting.. Tr►ere are no designated wetlands in Lot 1. 6. Three sewer units are assessed against the entire property. Applicant to deciOe the three sewer units are to t-:e reasscrsed amongst parc-ls. Vot.ion, Ayes (4), Nays (011 Mr. Leek ley was present. Assistant. Zoning Administrator Gaffron noted that this is not a designated wetlands and will handle the overflow from the neighboring property. I';ayor Butler stated that safety fencing might be considered around the pond after it is constructed. Butler suggested adding language frum the Hernep:n County Ccnservation District's report to assure safety and that the City will not be held liahc . Councilmemt Adams stated that the City should get some indemn cation so that the City will not be held liable. Councilmcmber Hammerel moved, Coun•ilmember Adams seconded, to appruve Resolution 1161 A Resolution Granting a Conditional. Use Permit to allow thu excavation of a decorative wildlife pond subject to staff adding safety language to the resolution. Motion, Ayes (4), Nays (0). ,UPOGRAYHIc Dt:'IAiL FOH LhEKLFY' :NC, W IN w'_LLUM RUN f1,N 1A►,Y M.' ril.2 r�l.1 led c. 44 — — - - — 2T�.e0 — — — — — r — — — - 27,4 4 r — — — — — — 2'1�1.49— I � 11�.► i I ' It I I 101.1 �r .,vo..0 to i I I Oa•�-� mac.. —+�, N, Mf 0 f i V I� f Piy�J�f� II • i Ca c e --;ert 111 p :;c a l e : ' : r. n = 100 tool I rfr.i a .- � ( I 47.E N.♦ rw,r � L a.► _ 274 7 — �. -- _ LAND SUPI(LYONS 4 ^ b ; 9N6 LAKE , M!: NtSOTA Couvkt y St°tc A O RAl .JAG iL µA.P Fe fi `o T 5 gl_OQle- t OF &J1&L•%.) R•L-6 00 �XHtBIT U Mow S R r-/ R-{,a pt, 10 V 8 1,,r it.K. 1041 CP N o A %- L GA or AG R. 10 7 't 1 vT F6 ot . ro4 I /a �e f ! i1o3t OeCK I I 1 t ! N PL O-- P4 � A7 \ \0 I t t 1 / EtRt�Kloo br � I I � tole c.N?�e.rt ExTsaSl�n? •F IPt I.p6 a.1•�a s CwwA1cT - .\0 low CTY. to CLr --- , ---- C Cvy r I G S' MOIL. vories — TYPICAL SECTION NOT TO SCALE Figure 4 � 1 EXHIBIT db FEASIBILITY OF POND EXCAVATION FOR LEEKLEY'S INC. 860 East Lake Street Wayzata, Minn. 55391 Prepa-r ed by ';Ems FPIN CONSERVATION DISTRICT 1` 90 4ayzata Blvd., Suite 205 Minn. 55343 August, 1984 GENERAL Leekley's Inc., of Wayzata is currently constructing two single family residences along C.S.A.H. 6 in Orono. The property is described as Lots 2 and 3, Block 1, Willow Run Addition. This development is located in the southeast quarter of Section 28, Town- ship 118 North, Range West. Leekley's has requested the City of Orono to authorize the construction of a shallow excavated pond on each of the two subject lots. Since the City of Orono has not officially adopted any guide- lines or regulations pertaining to the construction of ponds, Leek- ley's was referred to the Hennepin Conservation District to conduct an analysis and provide recommendations for the requested ponds. The following presents those findings and recommendations made by the District. FINDINGS A site inspection conducted on Monday, July 30, 1984 revealed the lot size for Lots 2 and 3 to be approximately 3.65 acres each (see Figures lA and 1B). The lots utilize a single access driveway from C.S.A.H. 6 along their common property line (see Figure 2). Both lots are generally open, with grass cover consisting primarily of bromegrass, reed canary grass, and bluegrass. According to the soil survey of Hennepin County, the lcwer elevations of the two subject lots contain Glencoe silty clay loam soils while the higher eleva- tions cinsist of Le Sueur loamy soils. Glencoe soils have high avail- able moisture capacity, very slow internal drainage, and moderate to moderately slow permeability. The water table is near the surface during wet seasons. Le Sueur soils have high available moisture capacity. They have moderate permeability and medium internal drain- age. The water table is at a depth of 3 to 5 feet during wet seasons. The most recent inventory of DNR protected waters and wetlands -for Hennepin County, released in July 1984, indicates this area is not within any protected water or wetland areas (see Figure 3), this, DNR authoriaztion to excavate or fill this site is not required. On Wednesday, August 1, 1984, soil borings were taken in the vicinity of the proposed pond locations as shown in Figure 2. These borings confirmed the existence of Glencoe soils in the low areas of both Lots 2 and 3. The water table was determined to be approximately at elevation 1030.5. This elevation is about 1.5 feet below the existing grade in the vi::inity of the proposed pond on Lot 2, and 2.5 feet below the existing grade in the vicinity of the pro- posed pond on Lot 3. RECOM ENDATIONS It has been proposed that one pond be excavated on each lot (see the pond location plan Figure 2). The ponds will enhance the aesthetic value of the property; however the benefits for wildlife habitat is somewhat limited. Among the reasons for this is the close proximity of the ponds to the single family dwellings as well as the absence of proper vegetative cover for wildlife nesting and brooding areas surrounding the ponds. The ponds themselves should not exceed 8000 square feet in area at the top. A meandering shaped pond of approximately 50 to 60 feet wide and 100 to 120 feet in length is recommended. The min- imum excavated depth should be approximately 3-1/2 feet and the max- imum excavated depth should not exceed 5 feet. Assuming an average excavated area of 5000 square feet and an average depth of 4.5 feet amounts to nearly 835 cubic yards per pond. If the excavated soil is not utilized as fill material elsewhere, it should be leveled adjacent to the pond to a maximum depth of 2 feet. As discussed earlier, the excavated soil consists of silty clay. The characteristics of this soil is that it is very sticky and soft when wet, hard and difficult to mold when dry. It is a most difficult soil to handle by mechanical means, especially hand tools and small scale equipment. Due to the wet soil conditions and the large amount to be excavated, it is suggested that the ponds be dug out with either a dragline or 2 to 3 yard backhoe on tracks. Generally, ponds are constructed to provide water for live- stock, fish and wildlife, recreation, fire control, or aesthetic related uses. The unfortunate feLture of a pond is that it is a body of water in which drowning can occur. Drownings are the outstanding non -motor -vehicle cause of accidential deaths among people in active age groups, especially children. Some Safety Recommendations Are: 1. Post warning signs near each pond. These signs should be adjacent to each pond telling all who come near what the extreme depth of the pond is. 2. The pond should be constructed with 4:1 side slopes on the uppermost portion of the pond, as illustrated on Fig- ure 4. This flatter slope will reduce the chances of someone accidently slipping into the pond. 3. Since this is predominantly a residential area, it is suggested that a low fence be installed around each pond, thus reducing the chances of unsupervised toddlers from accidently wandering into the ponds. These recommendations may not completely satisfy the requir- ments of local laws. EVERY POND OWNER SHOULD CONSEL with an attorney to determine: - his liability in case of serious accident or death at his pond. - legal requirements pertaining to precautions and safety at ponds. The privilege of having a pond on his property give the owner additional responsibilities. POSTING THE POND AGAINST TRESPASSERS DOES NOT RELIEVE THE OWNER OF THFSE RESPONSIBILITIES. Each pond owner has the MORAL obligation to his family, friends, and neighbors to make his pond SAFE by providing such safeguards as he can to prevent an INC-dent on his pond from becoming an ACC -dent - or DEATH. SUMMARY The locations of the ponds shown on Figure 2 will adequately provide enough surface runoff and groundwater to maintain a suffic- ient level of water. The ponds should be constructed by equipment large enough to reasonably excavate as much as 2,000 years of soil. The maximum depth of either pond should not exceed 5 feet. The max- imum surface area should not exceed 8,000 square feet. Of utmost importance is the awareness of the potentially un- safe conditions to those in the vicinity of the ponds. The property owner should be fully aware of his liabilities and responsibilities. s City of ORONO RESOLUTION OF THE CITY COUNCIL NO. Ir)H5 A RESOLUTION GRANTING 1. CONDITIONAL USE PERMIT TO MUNICIPAL ZONING CODE SECTIONS 10.03, SUBDIVISIONS 19, 20, AND 21 - FILE 1846 WHEREAS, Leek ley's Inc. (he reaf ter "the applicant")is owner of the property located at 2500 Sixth Avenue North within the City of Orono (hereinafter "City") and legally described as follows: Lot 3, Block 1, willow Run (hereafter "property"), and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19, 20 and 21 to permit excavation of a decorative wildlife pond in an amount of material to be excavated estimated at 835 cubic yards. NOW, THEREFORE JE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as zoning file #846. 2. The property is located in the RR-lB Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 17, 1984, and recommended approval of the proposed conditional use permit as amended based upon the following findings: a) The excavation for the pond will have no detrimental effect on the surrounding property. b) The improvement will enhance the aesthetic value of the property. c) The excavation will not impede the natural drainage of the area. 4. The area to be excavated is not a designated wetlands and is outside the Flood Plain and Wetlands Conservation area. P,I(le of 4 City of nRONO RESOLUTION OF THE CITY COUNCIL NO. 1685 5. The City Council finds that granting a conditional use permit to the applicant for the construction of the wildlife pond would not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the land alteration and the manner in which the excavation is to be carried out to be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code SEction 10.03 Subdivisions 19, 20, and 21 to Leekley's Inc. to allow excavation of a wildlife pond, subject to the following conditions: 1. The construction of the pond must follow the guidelines setforth in the recommendation of the Hennepin County Conservation District: a) 4:1 slopes at uppermost portion of pond. b) pond depth not to exceed 5 feet. c) maximum surface area not to exceed 8,000 sf 2. The pond must conform to pertinent standards set by the Minnehaha Creek Watershed District. 3. The grassed swale outlet area must be maintained to provide assimilative capacity and may not be covered with impermeable surface materials. 4. Aflowage and conservation easement shall be granted to the City over the proposed pond, drain pipe, and grassed swale. 5. The applicant is advised of the homeowner's liability in case of serious accident or death at this pond. Some recommended safety measures are: a) Post warning signs b) Construct Fond with 4:1 or flatter sidesloper c) A low fence is suggested to keel, unsupery children or toddlers from accidentally wandering into the pond. Posting the pond against trespassers does not relieve the owner of the safety responsibility incurred. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1685 — -- STATE OF MINNESOTA ) )ss. COUNTY OF BENNEPIN ) On this u` day of ('r,.F..S_;�_— , 1984, before me a Notary Public within and for said County, personally appeared �;.•,��_t L_ rj-_-qc y, ; i,; Li-CKZE`i's /n,� known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ��osr�so+NN111Nr: ��N��NOJ�1y -ac::• AFFFtOId 7, f r,: MICfiAcL P. G , f.pTARY PUBLf%- HENNEPIN C "" STATE OF MINNESOTA ) )SS. COUNTY OF FiENNEPIN ) NOTARY PUBLIC MY COMMISSION EXPIRES On this day of , 1984, before me a Notary Public within r and for said County, personally appeared known to me to be the —persons) described in —and who executed the foregoing instrument, and acknowledged that he (they' executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSIO�XPIRES Pages 4 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1685 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. 7. The undersigned applicant has rear.], understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the Property. Adopted by the City Council on this 15th day of October, 1984. ATT>:',ST : othy b Hallin, City Clerk (1) llrnj),.�rty owner (2) Property Owner (3) Property owner glary C. butler, Mayor Paqe 3 of 4 Agenda Item A 15 TO: Mayor Grabek & Orono Council Members City Administrator Bernhardson !sons Michael P. Gaffron, Asst planning & Zoning Administrator Dates July 10, 1987 Subjects #1153 Richard Erickson & Julie Corty, 1295 Sixth Ave North - Variance - Resolution List of Exhibits Exhibit A - Revised Proposal as Recommended by Planning Commission Exhibit B - Memc & Exhibits of 6/12/87 Exhibit C - Planning Commission Minutes of 6/15/37 Exhibit D - Proposed Resolution of Approval Discussion .- This is a request for hardcover/structure ariances to construct a lakeshore stairway. Please review the memo and exhibits of 6/12/87. The proposed stairway was reviewd by the Planning Commission on 6/15/87 with applicant's archi sect, who described the construction of the stairway as being timber construction at grade "�vel, rather than a superstructure as exists on the neighboring Brown pr ,:rty. Coupled with the existing heavy vegetative screening, it is anticiV. ted that applicant's stairway will be much less obtrusive than the neighboring structure. Planning Commission recommended -pproval subject +_ Limination of the two platform areas as shown on Exhir . A. The resultant 0-75' hardcover is 4.5%. Planning Commission felt t t the extremely steep slope and the inter ed low profile design necessitating numerous switch -backs due to topography, are adequate justification and hardship for granting of the variance. Staff Recos sndation - Staff recommends approval pe tt.e attached resolution. tote that one added condition is that any prope , i 1 ghting shall be directed downward to I less visible from across the lake. City of ORO_' O RESOLUTION OF THE CITY COUNCIL �Io] A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 & 2 AND SECTION 10.55, SUBDIVISION 8 FILLS #1153 WHERREAS, Richard Erickson (hereinafter "the applicant:") is the owner of the property ocated at 1295 Sixth Avenue North within the City of Orono (hereinafter "Ci y") and legally described as fo''�ws: Exhibit A (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivisions 1 & 2 and Section 10.55, Subdivision 8 to allow the construction of a lakeshore access F` irway constituting structure and hardcover in the 0-75' lakeshore sett zone where no structure or hardcover is normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDING 1. This application was reviewed as Zoning File #1153. 2. The property {a located in the LR-lA Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on June 15, 1987., and recommended approval of the proposed variance basea upon the following findings: A) The 50% slope (37.5' drop in 75' horizontal distance) is not feasible to climb without some: type of stairway. B) The proposed stairway will be constructed of timbers at grade, and requires numeroue switch -backs as designed to conform with existing property contours and grades, C) A number of minor retaining walls shown on the plan are necessary to maintain the integrity of the slc-:>e. D) The nature of the design of the stairway and its location are such that the existing natural vegetation will provide adequate screening of the stairway from the lake. Page 1 of City of ORONO RESOLUTION OF THE CITY COUNCIL NO. E) The Planning Commission recommended elimination of excess portions of the 121x12' platform near the dock and of the 101x10' platform halfway down the hill, to meet the 4' width standards. These reductions will result in a final 0-75' hardcover of approximately 1,103 s.f. or 4.5%; 75-250' hardcover will increase form 17,274 s.f. (29.9%) to 17,483 s.f. (30.3%) as a result of the project. 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 demon- strable hardship of difficulty; is necessary to preserve a substantial property right of the applicant; and would be in )seeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CO>NC.LOSIONS, ORDER AND CONDITIONS Bared upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivisions 1 6 2 and Section 10.55, Subdivision 8 to allow the construction of a lakeshore stairway constituting structure in the 0-75' lakeshore setback zone where no structure is normally allowed, and constituting 4.5• hardcover in the 0-75' lakeshore setback zone where no hardcover is normally allowed, and resulting in an increase in hardcover from 29.9% to 30.3% in the 75-250' lakeshore setback zone where only 25% hardcover is normally allowed, subject to the following conditions: 1. Structure and hardcover in the 0-75' lakeshore setback zone is limited to the stairway constituting a total of 1,103 square feet of hardcover, or 4.50. No additional hardcover variance is granted with this approval. Applicant is advised th- future requests for hard- cover within the 0-75' zone will not -se approved, and might be approved only with concurrent removal of equivalent amounts of existing hardcover. 2. The stairway structures shall conform to the approved plans as revised. A building permit must be obtained prior to commencement of construction of the stairway. 3. Any proposed 'fighting of the stairway shall be directed vertically downward so as to not be risible f rom across the lake. fa*e 2 0f 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. Authorities granted with this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (July 13, 1988). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicants have read, understood and hereby agrees to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 13th day of July, 1987. A":°TEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 3 of 4 PL^NNINCr ComrvsvoN owcomwwvathoeb AftvzvAc, 5"alfc-r To E-"im#-v4T1oM of ?'ZArFvg.m AREAS (SNAbCb)— m To: From: Date: Planning Commis. -,ion Chairman Kelley Orono Planning C(,mmission Members City Administrator Bernhardson Michael P. GE.ffron, Asst Planning & Zoning Administrator June 12, 1987 Subject: 11153 Richard Erickson & Julie Corty, 1295 Sixth Ave North - Variance - Public Hearing Zoning District - LR-lA, 2-acre lakeshore, unsewered Application - Construct lakeshore access stairway. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Site/Stair Plan Exhibit F - Hardcover Calculations by Applicant Pertinent Pacts - 1) 0-75' Hardcover - Existing = 0% Proposed = 58 approximately 1.,243 s.f. 2) 75-250' Hardcover - Existing = 29.9% approximately 17,274 s.f. Proposed = 30.3% approximately 17,483 s.f. (Staff does not see 1,452 s.f. additional, must be 1,452-1,243 = 209 s.f. addition, totaling 17,483 s.f.) 3) Proposed stair includes Numerous joqs back and forth, about 150 lineal feet of stairs and landings in a 75' distance. 4) Stairway includes a number of platforms and benches, two of which appear to exceed 4'x4' standard. 5) Project also includes some minor retaining walls. 6) Slope overall in 0-75' zone is 37.5 feet drop in 75' or 50% slope (2:1), not feasible to climb without some type of stairway. 7) Platform, tread materials ire not spelled out on plans - applicant's architect will be at the meeting to better define these for you. Zoning File #1153 June 12, 1987 Page 2 of 2 Discussion - The property is 330' in width and has slopes and vegetation similar to the Brown's who were recently granted stairway approval next door at 1245 Sixth Avenue North. Applicant has noted to staff that the intent is to make this stairway much less obtrusive from across the lake than Brown's. The hardships speak for themselves, acid applicants certainly need a stairway of some sort for lake access. Staff does question v.hether the length and number of switchbacks is necessary, and leaves this to your review with the architect. Especially consider the nature of 1) the bench near the shore; 2) the 12x12 landing near the dock; 3) the 10'x10' platform and bench halfway down the hill. The hill is well screened, and applicant notes that the proposal will require a minimum removal of vegetation. Staff Recor ndation - The proposal to construct a lakeshore stairway is similar in scope to the Brown's, but the Brown hardcover was only 2.6% for the same lot width, iii-^ce this project is almost twice as much hardcover. Staff recommends approval of a scaled down version to no more than 3% hardcover. The applicants' architect can give more insight as to what is feasible. C �•Jt l 1 �!1 I )� : Ua CC Fee Receipt Initials 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 Property Identification Number (P.I.D.) Please check one - Is the property !_ abstract or torrens? Attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Phone ( home) -�► �' v Name i� i^,�r r,r �; ,� - 1;; i, ,, ti Phone (work) Address:tCity:.' ,, k %,, zip:r�,.:,c.� - - - - - - - - - - - - - - - -' - - - - - - 1 - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - UMMER (if different than applicant) Phone (home) Name Phone (work) Address: City: Zip: Date Property Acquired I<.�� (month/year) I (do) o not) also own the adjacent parcels of land. P21103 P 08E or PROPERTY Present Zoning District '- W Present Use of Property _ _ Residential other (specify' --------------------------------------------------------------------------- �M= M =DorT tstimated Constru Lion Cost i :��- �'. V -1 9 l:r �rcp .r: �^ Describe request 'in detai l : , , � , / i 4�• ` � �� � �. i� p�,f� t. ►..�,� OVIr1 fo r-,^,tt r �� �f n .� r j 1 7•r t,•w i�- �. 1 /' -- - - - -- - - - - ------------ VIRIAMCM ZMD Lot Area Lot Width X Hardcover Setback Variances ( Front Side Rear) Other J /,J ' . , - M fir. -------------------------------------------------------------------------- - RhMSKIP -Describe undue hardship or practical difficu? uy resultir_g from stiet enforcement of zoning reg lations: SLnC(, ir• I �z r " _�_ I �1 it +/-, 1 tit..; IV ----- --------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements:; r • o - • +r •-.o ) I - r,, > > 1, ,)1 _ •t* - -iML v♦ Irl. - • • 1' 1 " n,i!• t,) t • 1"I-1 i ----------------------------------------------- 6---------------------------- MUIRED SUBMITTALS 1. Completed Application Form D�2.� Certified Property Owners I.ist 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 (M10) pre -addressed to each of the names Dn the above list with no return address. Certificate of survey including hardcover calculations as required. Os 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. ---------------------------------------------------------------------------- Certification by Zoning Department that Variance Application is complete. Zoning Official's Signaturc Date APPLICANT'S SIGNATURE T}.e applicant hereby agrees to provid(, all information equired or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifie3 that the information supplied is true and correct to the best of his/h r knowledge. Applicant's Signatu4 _JDate'- OWNERS SIGNATURE The owner hereby ackowledges and agrees tc� 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 verificetio t "quest./ - �); ; Owner's Signature %;; -,; 7 �.. Date _ -------------------------------------------------------------- must- have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Covincil, and, if an applicant is unable to attend a scheduled meeting, to please make arrange- ments to have an authorized agent attend in your place and to advise the Building i Zoning Office of this change prior to the meeting. RUN DATE OS/OS/87 BATCH 010 38 2E-118-23 31 0004 }�► P00P ADDR 01300 SIXTH AVE h DhMN NAME JOHN R SHEEHAN ETAL TAXPAYER JOHN R SHEEHAN NAME/ADD* 1300-oTM AVE NO LOfrw LACE MN 55356 38 26-118-23 33 0029 PRO/ A00* Ok&XV NAME WILLIAM R i BARBARA A PE'.RCE TAXPA:E* WILLIAM A SARDAAA PEARCE NAME/ADOR PO BOX 9500 MPLS MN 55440 38 26-118-23 34 0004 PROP ADDR 01305 SIXTH AVE N OWWR tom MAP Y N D A I TON TAXPAYER MARY H DAYTON NAME/ADOR IMS 6T4 AVE N LONG LATE M4 55356 HL441PIN COUNTY PROPERTY INFORMATION SISTEM PROPERTY OWNlERS LIST 30 26-118-23 31 0005 01380 SIXTH AVE N P A A INVESTt1ENT5 P A A INVESTMENTS 2095 WEBBER HILLS ROAD WAYZATA MN 55391 38 26-118-23 34 0001 01245 SIXTH AVE N R E BROW I M P BROWN RICHARD E BROW 1245 COUNTY RD 6 LONG LAKE MN SS356 38 26-118-23 34 0005 E W A H 5 SPENCER EDSON W i HAPRIET S SPENCER 1135 COUNTY RD 96 LOM LAKE MN 55356 REPORT NO. P1435401 PAGE 22 38 26-118-23 31 0010 01330 SIXTH AVE N N E 80HACH i S BCHACH WALLACE E A SU7,A4 BOHACH 1330 COUNTY RD 6 OR01.'O MN 55356 38 26-118-23 34 0002 01295 SIXTH AVE N R A ERICKSON L J E CORTY RICHARD ERICKSON/JULIE CORTY 1295 CO RD NO 6 ORG1O MN 55356 f � w - TOTAL BATCH O10 00008 . J I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE CN THE RECORDS OF THE f'EML PIN COUNTY DEPARTMENT OF PRORERYY TAXATION. TO THE BEST OF MY Ki nWLEDGE APM BELIEF. DATE J r BY ' L ScoeVlFy r I plot ..Ow i I j . •r G L4 jc. !r A P nL 1 C a-•(-J T' .,,,t,;s.. i-r 7.4 L MONO MWCOVER CALCULA`i'ION WORKSHEET . AKE-CHO• c A. Ex-r nq S. bcisting C'. a..xisting V. proposed E. proposed SFTBAC:= i�t _ F ltarda4ver hardcover hardcover hardcover Znt�i .L ze a dcozonpercentage percentage x JUg) in zone [ (D.A) x 100] sr 4-3 sf 75 sf 250-50% sf ' "� sf q- g sf F. Allowed hardcover ercentage Q el 0 'Y • � o 0 25 04 90 30 500-1000 • sf o/ sf Jiro "t • ,a 35 A. Existing Lod Area in Zore - within the includes the total square footage of dry buildable land specified zi.•- B- Lxisting Hardcover in �• ►,. - driveways (gravel c- ;,--'Ludes the square fOoiige of existing roofs, decks, sidewalks, C. t ,aoi Existing Hardc ier Pt :her rein -impervious surfaces within the specified zone. d; the �• Prop -.;ed Har-dccover i. number in B by the number it A and multiply by 100. A,s the ha --:over. existing hardcover plus all proposed additional E. F. Pr_ -•sed Hardt -,ver Allow-d Hardcover Perc4::i - - divide tI^ -tb• in D by the nwber in A and multiply by 100. L the d'lowed rccntages ) f the pe lv •- in column E for any setback zone exceed F, to discuss t - possibi1..,;..F.5 you contact the Zoning Department at 473-7357 tainin,; of existing nardcover n•itche •.ria..ce. Generally, if a concurrent removal _ additions 'iardcover prop- .ed, resulting in no increase of hardcover in a specifiad net zun : var=an^e may not •e neck iry. ZONING FILE NO. 1153 CITY OF 09000 NOTICE OF PLANNING COMMISSION RUCTION P.O. Box 66 Crystal Bay, MN 55323 473-7sD'. Date of Notice: 6-i6-87 --------------------------------------------------- TO: Ri:hat; Erickson COFIES TO: Herb Baldwin Jude Co, y Route 4 1295 Sixth Ave.No. Jordan, MN 55352 Long Lake, MN 55356 TYPE OF APPLICATION: XX Variance -------------------------------------------------- ---------- DRTR OF MEETING: 6-15-87 VOTE: 6 For 0 Again.t Planning Comission reco�ends the following: Approval subject to condit—ns noted below NOTES AND SPECIAL, CONDITIONS: Planning Commission recommends approval subject to reducti,..n of t:c twr landings (12' x 12' near do--k, 10' x 10' and bench halfway down the hill) to meet the nomin:�? 4' width staneard. Additional -1:. a is requested, as follows: Revised p. .)wing changes as eitline above. Applicant'_; next scheduled meeting is dependent upon receipt of this additional infor n. Deadline for the July 11 Council meeting is July 6, 1987. If the z.E.p7 � ,ant has trouble providing the .•.1ditiona l information requested, please contact the Zoning Department (471 7357). If you desire certified copies the official ,lanning Commission minutes, they are available from City Recorder ar,er z-evie,- and -oval by the Planning Commission. MINUTES OF THE PLANNING COMMISSION :4aNTING HELD JUNE 15, 1987 ST_ EDWARDS EPISCOPAL CHURCH CONTINU,'r0 A representative of the church asked that this application be tabled in order for the church to review staff's recommendation and tl�e interpretation of Appendix E. It was moved by Cohen, s• -onded by Chairman Kelley, to table this application until the July 20, 1987 meeting. Motion, Ayes 6, Nays 0. i1153 RICHARD ERICKSON i JULIE CORTY 1295 SIXTH AVENUE NORTH VARIANCES PUBLIC HlARING 10:02-10:12 The Affidavit of Publication and Certificate of Mailing was noted. Richard Erickson a:id Architect Herb Baldwin were present for this matter. Assi -ant Zoning Administrator Gaffron explained the request for hardcover variances to construct a lakeshore access stairway as follows: 0-75' - Existing 0% = Proposed 5% approx. 1,243 s.f. 75-250' = Existing 29.91 approx. 17,274 s.f. = Proposed 30.3% approx. 17,483 s.f. Proposed stair included numerous jogs back and forth, about 150 lineal feet of stairs and landings in a 75' distance. Stairway includes a number of platforms and benches, two of which appear to exceed 4'x4' standard. Project also included some minor retaining .+all-,. Slope in 0-75' lone is 37.5 feet drop in 75' or 50% slope (2:1), not feasible to climb without some 'ype of stairway. Billows stated that afte -,iewing the .ite, she agreed that the nurl-,,-- of jogs a necessary and appropriate. However, sht ,uggested minimizing the size of the two landings. Th re were no comments from the public regarding this matter and the public hearing was closed. It was moN, by Ur'lows, seconded by Brown, recommend approval s .L)ject tc. tram two land4 ng ereas reduced in size to miet the nomina! 4' h standard. Motion, Ayes 6, hr y s 0. 13 I NEETING , 31987 Agenda Item �I To: Mayor Grabek & Orono Counci 1 MOnbe'rs City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator. Date: June 30, 1987 Subject: #1154 Paul Vitko, 80 Cygnet Place - Conditional Use Permit - Resolution Application - Bring in 450 cubic yards of dirt to fill a 201x601x6' veep "trout pond" that was excavated in 1972. List of Exhibits Exhibit A - Memo & Exr.,-bLts of 6/10/87 Exhibit B - Survey of Pond and Rear Yard Elevations Exhibit C - Notice of Planning Commission Action of 6/16/87 Exhibit D - Planning Commission Minutes of 6/15/87 Exhibit E - Permission to Cross Cygnet Park as Submitted by Public Works Coordinator Exhibit F - Resolution Discussion - Please review the memo and exhibits of 6i ] 0/87. The request is to fill in an unsafe excavation, but requires a conditional use permit since it in. -)l %, es user 100 cubic yards of fill. Applicant has submitted a survey and elevations indicating that the neighbors' pond over.low can be graded to drain across the 10' easement at applicant's rear lot line and will then flow over the park lot to the creek, creating no impact on neighboring property to the east. The Public Works Coordinator has granted approval for trucks to access via Cygnet Park subject to the conditions noted in Exhibit E. Staff Recommendation - Staff recommends approval per t.ia attached resolution. Agenda Item #t6 To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Ass* Planning & 'Zoning Administrator Date: June 10, 1987 -� Subject: #1154 Paul Vitko, 80 Cygnet Place - Conditional Use Permit - Public Hearing Zoning District - RR-lB Application - Bring in 450 cubic yards of dirt to fill a 20'x60'x6' deep "trout pond" that was excavateu in 1972. List of Exhibits Exhibit A - Application & T,e*ter of Request Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey & Bids Exhibit E - Wetlands Airphoto Exhibit F - Letter from Neighbor Slonim at 60 Cygnet Place Exhibit G - Documentation Regarding Pond Creation Discussion - In 1972, a previous owner of applicant's residence created a small pond on high ground in his back yard. That pond receives overflow through a 4" the from a neighbor's pond at 60 Cygnet Place. Applicant's pond then has :n overflow pipe that leads to the south and east on, applicant's property. The pond is empty this year a.-d its retaining walls are in disrepair, although previous owners on occa:;ion had kept there full using their garden hoses. Applicant feels that this "hole" in his backyard is an eyesore acid a safety hazard to his younq children, and wishes to fill -i.t in. He was unaware until Slonim's letter that the two ponds are connected. That connection was verified by staff on 6/5/87 during a revirw of the project site by City Engineer Glenn Cook. Althoua; there ha.c iut been any documentation submitted of a specific easement for d-ainage puiposes from 60 Cygnet. Place in favor of 60 Cygnet Place, the history of the approval of the ponds (Exhibit F) suggef-�ts that it would be appropriate for any overflow from the Slonim pond to flow over Vitko's property and to the south until it reaches the creek. A 10' drainage and utility easement exists along the rear of applicant's property. Applicant is also request inq that the 30-45 truck loads of fill be allowed to access across the City park lot so that applicant's Irainfield will not be damaged. Public Works Coordinator John Gerhardson will be reviewing this request. Zoning File 11154 June 10, 1987 Page 2 of 2 Staff Recommendation - Staff recommends approval of the proposal to fill in this pond area, subject to the following conditions: 1) Applicant must obtain perm-ssion from the Public Works Coordinator in order to access trucks via the park lot, and shall adhere to whatever conditions of approval (route, restoration if any, etc.) are placed on that approval. 2) Applicant shall, as part of that final grading of the fill, create a swale within the 10' drainage easement along the rear of the property, at an elevation and slope that will transport any overflow from the existing pond connection pipe from 60 Cygnet Place, to the south end of applicant's property, where such overflow will then flow natural.ly across the park lot to the creek. 3) A General Improvement Project Agreement shall be executed by the applicant, including such security as may be deemed necessary by the Public Works Coordinator t:) ensure restoration of park property if damage, and creation of the required swale across the drainage easement. �--�i /cl�v vh/.). ��D • CITY OF ORONO GENERAL LAND USE APPLICATION ------------ -------------------------------------------------------------- 900"STV LOCATION Site Address Property Identification Number (P.I.D. ) Please check one - Is the property abstract or torrens? (fur Conditional Use Applications onn _ , �7�! Please attach legal description to application if not included on required survey. APPLICANT --------------------------------- Phone (home) ----- � S 3 ,� �� k° b Name Phone (work) Address JO `. 6,u�t �c _` � � City Zip -------------------------- ---------------------------------------------- OWNER (if•different than applicant) Phone (home) -Name Address Date Property Acquired Phone City Zip (month/year) I (do) (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- !8 - CONDITIONAL USE PSRNITS 1.00.00 a) Residential accessory Uae $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration %` Grading and filling - 101 cu. yd. or more Seawall, retaining walls within 75' of lakeshore PRD/lID - see fee schedule O�lN ARPLICATIONG $150.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 Basement Vacation $ 60.00 Easement Vacation With Subdivision $250.00 Resoni.g $200.00 Appeals Other - see fee schedule 601 At PRESENT USE OF PROPERTY Present Zoning District Present Use of Propcity % Residential Other (specify) DESCRIPT ION OF MUEST Describe request in detail: 1-2 �IL(_ AN 8110 (ititot REQUIRED SUBMITTALS ' 1. Completed Application Form. AX 0.717 2. Certified Property Owners List of owners within 350' (you can obtain ,, jj.kgthis list from Hennepin County Department of Finance A-603 Government Cernter 348-3271) , J 3. Stamped, iegal sized envelopes (#10) pre -addressed to each of the name: on the above list with no return address. 4. Cert -ze of survey. 5. 4QorrsTruc11-on--p1tm,- if. applicable. 6. Plat Map. --------------------------------------------------------------------------- The applicant and Property Owner must sign this application. Please remember that your application is not complete if the at.ove information has not been included. Certification by Zoning Department that Land Use ,application is complete. Zoning Officials Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Toning Administrator, agrees to pay all foes and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correc� to the best of his/her knowledge. / ' / , J i Applicant's signature '<� -�J �`� �� " Date 1('�a-, /� /X� _ OWNERS SIGNATURE T:ie 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 ve0fic ti3a k_ this reque t. Owner's signature`✓ t� X 'cam 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 Monde. of each month. Applicants must be present at all scheduled review meetings of the Planning Com: s°ion and Council, and, if an applicant is unable to attend a sc duled meeting, to please make arrangewents to have an authorized agent attend in your place ar,d to advise the Building 6 Zoning Office of t;.:. change prior to the meeting. /'/ I V 7 0 4 0 Ago.- &r C.. dv -tat OL 3 A'� t At P7&17&C 6L- P� ", & 6 —atO- 441�4j- Q 7" 4& lvv 44dk 7AJ at'U� Xi�4 tis k rat --- I' RUN DATE 04/23/87 HENI'EPIN COUNTY PROPERTY It, s• (Hi SYSTEM REPORT NO. P1415401 PT'7PEPTY OWNERS LJ:,i PAGE 17 BATCH 009 38 04-117-23 22 0 J1 PROP ACi : 03085 WATERIMI RD Ut:::ER NAME R E FERRELL ETAL '.AXPAYER SHERMAN I LIttDSTROM NAME/ADDR 3035 WATERTOWN ROAD LONG LAKE MN 55356 38 04-117-23 ZZ 0004 PROP ADDR 00080 LEAF ST OWNER N• ME SHIRLEY HALL TAXPAYER SHIRLEY A HALL NAME/ADDR 80 LEAF ST LONG LAKE MN 55356 38 04-117-23 22 0008 PROP ArOR 00065 CYGNET PL rW':ER t. ME D W LTTSVMEPGEP L D KOEPKE TAXPAYER D W LITSENBEPGER 6 D KOEFKE NAt'E/ADDR 65 CYGNET PLACE LONG LAKE MN 55365 38 04-117-23 2P 0011 PROP ADDR 00135 CYGNET PL =,'ER tt'-ME E K �qFZZENGA i C J MEZZFN" TAXPAYER E1JGENIA K !4FLZENGA AND NAME/ADDR CHRISTOPHER J MEZZ" -A 135 CYGNET PL OROtiO tri 55356 38 04-117-23 21 PROP ADDR 00100 CYGNET Pi O1::IER NAME VIL OF OROttO TAXPAYER CITY OF OROl:O NAME/ADDR 38 33-118-23 32 0001 PROP A^DR 03140 WATERTOWN RD C,NER NAME H J PANUSKA ETAL TAXPAYER OR HAROLD J PANUSK,A NAME/AODR 670 SOUTHOALE MEO BL.:9 EDINA MH 55435 38 04-117-23 22 000' 03045 WATEPT%N 'TD FI4ST FFO SAV / LOAN CARL Q WICKS 3045 WATERTf"4 RD LOt1G tAKE MN 55356 38 04-117-23 22 0005 D R GPONDFRG ETAL D P GPONLERG 05 WILLOW DRIVE t00 LO►iG LAKE Mi 55356 38 04-117-23 22 0009 00085 CYGNET PL G J EHALT ETAL GREGCRY J EHALT 105 CYGNET PLACE LONG LAKE MN -5356 38 04-117-23 22 0016 00060 CYGNET PL RICHARD J DUNLAP ALAN SLONIM 60 CYGNET _ACE LOtiG LAKE MN 55356 38 04-117-23 22 0023 00130 CYGNET PL PATRICIA A WARDEN MlPGAPET 0 ROSSING 130 CYGNET PL LONG LAKE MN 55356 sTAL BATCH 009 00C16 8 04-117.23 22 0003 ,1195 WATEPTOWN RD D E MERZ 1 D F MEPZ DOUGLAS E i DIANE F MERZ 3105 WATEPTOl9i RD LONG LAVE MU 55356 38 04-117-,23 :: 0007 00025 CYGNET PL MILES P THAiEP i WIFE NANCY THAiER 25 CYGNET PLACE LONG LAKE MN 55356 38 04-117-23 22 0010 00105 CYGNF- PL G J EHALT F! GPECCRY J EH T 105 CYGNET PACE LONG LAF E MN 55356 38 04-1'7-23 22 0017 00080 CYGttET PL P A A VITKO PAUL A ti AMI L 7,TKO 80 CYCNEI PLACE ORONO MN 55356 38 04-117-23 22 0024 OW:o CYGNET PL R ti 8 WOTHE ROGER WOTHE 133 GROVE LA WAYZATA MN SS391 PUt. DATE 04/23/87 BATCH 009 HENNEPIN COUNTY PRODEPTY INFORMATION SYSTEM PROPFPTY OWNERS LIST RE. P1435401 l8 I CERTIFY THAT THE FACTS REPPESEHTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATIMI AS IT APPEARS THIS DATE ON T E RECORDS OF THE HEIBIEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION. THE BEST OF MY KNOWLEDGE AND BELIEF. i% n -/ / DATE- .w ppj r-� 40 t r iF P1Bt of Survoy for Jim Pickett of Lots 3 nn6 4, ;;lock 2, Svnn L^_<P Addition Vr-nncpin Gaunt;;, _ •3. C .ii �r �'I.Ini.rf •. 7 I ti .. i A 'r 1 - 1 0-.rtificitte Of tr►t tti 1! i! 9 tr u^ fir d Corr^ct :apresar:tntion of a survev of thi► bo•onderies of Lots 3 arx 4, lCock 2, Swhn Like fao�tion, rn�l of t`r- ic �.mtion of pll bt:ildirgo tho-re^n, erc mill vittiol'o ercrohct_.nPrits, if any, f`ror. or on !,• it lend. 11*:1s survey is race only in corinpct.ion with a r.:on. st;• lean now t-ing ;laced on the property; Rne no linhility is asruri-eC ^XCept to the holder of s•:e~ mmrtfege or any other Snter•st nequirec :,y rchson of s:cT: c.•�rt- fEge. It is imepratood end arresed no monim-nts have ;,ern plkCrt for the ;,ugYoa! of •R!.r.hlishinf lot lines or bo-indArr corner%. Scale 1" 60' C-ortion R. Cof f;n D,te 1 -'11 v,nC Survivor nna t:sru,er Long Lake, TUnnasota THIS STEM wus perr .tea■ ■a saaraa fae */a VrVfdRa , ' JERRY JOHNSON EXCAVATING 24,15 Monwngside Road LONG LAKE, MWNESOTA 55356 (612) 473-4361 fIt10/O/Al tNIMM D To D j� - y-7Ss DATE -S , Jo. NAM[ CT". AND ZW 9M 0 Agila JOB LOCATION AwCMT1C DATE OF PLANS JO/ MON[ ft hereby submit sp/[Ifications and asttmates for: C� �! 11[aposir hisaby to furnish material and labor — complete In accordance with above specifications, for the sum of , dollars — -- ---- — yment to be made as follows , eoo'o As wtMwW is /ttagllleN to be N aiecrMd M aws to M Cew.alelW in � w�wrsm arwM aeamw wcW6tr4 to tdartdare i.eetrc« ANY ~Mrew M dw etww Irorw eewre Mrr IN& Autharied naturewa owns wtawNt 4 esM eaeh sea Oe saectnad o .IV wow weye erden and .ata sweeter an Cner/s ~ Sod sYaw Mr esbrwM• Aa e/.aernswts COwMrVMM wew alrAec, scc r "Ms a��w "ap aatlwd ew CWWW OMrr so carry Ow rntedw W wary n weary rnswewce ryre TMs proposal may b! ::dsys Ow wwwft ere dray compw or tewtMed• Cwrtesweasrw trrwrewea withdraew by us rt not Kcepled wthln __ _—_—'.G__. etc MW If lof *Wad -- The ibor. prices. Wntbcalrona Sf^azure d MtelA wt/ws We SAIS story atsd are ►wa>ty acco~ You are aulhor,zed Zl t/ do Ift weft u spctI f visew will be wwb as outi.ned Male Of SNwNure relay I to 0 adrwl•w tun - maim un Am"&. awma ama atom September 4,1986 • Landscape INC PA SM 422 LOnq UOw MN Gem $12/473.8757 PROPOSAL FOR LANDSCAPE CONSTRUCTION Submitted TO: s Paul vitko 80 Cygent P1. v' � Orono, MN 55356 DESCRIPTION ��' PRICE A. Fill in pond, approximately11,500 cubic ft., with sandy nit run fill. 525 tons. $3495.00 B. Grading with Bob cat and labor. $360.00 C. Trim trees and remove brush. 75.00 Total projected cost D. Black dirt, approximately 2000 sq. ft. @ 4" depth graded out.(pond only) Any additional pit run fill, if needed,$6.65 per ton delivered. $3930.00 $450.00 Excollance • Quality . Value . Service exy/ Let 1 '47 04 -...ZCF103,fes TOW*-----,-- --- O,f 0 Lot 4 Lot 3 Lot 6 t. ITC 4 ry 2 1-PARK 44 a c • )big 41. 3 �ts,.,;4 V1 co oj Lai NEW 1— TO: Orono City Counsel DATE: June 3, 1987 FROM: Alan and Kim 5lonim RE: .4 #1154 - Land Application In approximately 1972 both owners of 60 and 30 Cygnet place dug ponds to essentially drain and dry their back yards; 1.) For a more effective septic syster,a 2.) For more useable yard space 3.) To insure dryer basements There is a natural spring in 60 Cygnet pono plus the rear area of both yards are low points for drainage of abbuting Ferrell property, as well as all surrounding high property. To fill 80 Cygnet pond could result :n an overflow of 60 Cygnet pond (particularly in wet years) as both ponds are pre -connected the 80 Cygent pond has a drainage system that flows into a natural creek bed. Filling could result in flooding back yards of both 60 Cygnet Place and 80 Cygnet Place and park area, because the current overflow drainage to the creek would be altered. We, 60 Cygent Place, have no objections to the owners o4 80 Cygent Place in filling in their cond. However, in the event that my pond, 60 Cygnet Place. would overflow and flood 80 Cygnet Place which likely will happen in wet years that we are not held liab:e. In order for us not to oppose the filling, we would like in writing an agreement from the owners at 80 Cygnet Flace satisfaction to us stating that we will not be held liable should there be anv any over4low or flooding from the drainage of our pond effecting their property. And should the owners of 60 Cygnet Place sell or transfer their property that the new owners are made aware of this agreement. Sincerely, Alan 8lonim Kim elonim fXY so G CITY OF ORONO P. 0. BOX 66 CRYSTAL BAY, MINNESOTA 66323 D BUILDING JOB REPORT ADDRESS v OWNER CONTRACTOR_.. , GATE r .��� ? _ . - - ,PERMIT NO DESCRIPTION , Cot a� lii.r� 4ledi6"ro'j •� _ _ INSPEC rION RECORD ct2� —*4�z0 v'c �'-y ' O'-,t.tfa��,Q I�r Asppptt c . l ce tom` oa,;7..z.W. •�✓_ ag .44e- fill REP OATS INSPECTION !,% VILLAGE OF Or0:i0 Regular tl3oting of the Village Council, January 29, 1974 The Village Council fiat on the above data with the folloalnu mombera present: Mayor Searles, Councilmon Paurus and Walsh. Aboont: Councilmen. Dutlor and !Massengale. Walsh moved, Paurun seconder', that the Minutes of the Regular hooting of January 14, 1974, be approved. Motion, I. --es (3) - Mayo (0). Cearles moved, Paurus tacondcd, to approve for tir. Edkert the conditional uco application for the completion of hio pond, which is located at 505 Orchard Park r4cad. notion, Ayca (3) - Ilaye (0) . Searles moved, Paurua socondcd, to approve the existing pond of Frank J. Kokoch, 4100 Watortown I.aafl. Thu Council furth or deoiron to hava tha soil piles watch currently are henpcd up around the pond bo lcLalcd and Geeded. notion, Ayca (3) - Nays (0). The Village ^.auncil inatructod the Villago Ad-Anictratc to i7rito to fir. Dunlap, fir. �iin�;.rrll, anL IIr. Frrroll cone-rning the dr«it ago ro-.Wo cn Uic prc`._rtico of 11r. Dunlap "nfl fir. Wincholl. A c%:y of tho c gincoring report is to b3 cent to each individual and the Village kd-ninistrntor is to urge all partiao concerned to cc -.a to an cgrccmcnt among thcawolv3s in this matter if at all poociblo. The Villa7o Council d000 not do dire at thin time to tries action on the pond. Tho Village rngincor cubmitted a report to the Council concerning raanne3lisation of Highway 112 and Old Crystal flay Voad. The Council accepted the report and ordered it filed. The Villego P ainiotrctor rcportcd to ttv^ G-3,.►ncil r c this tir3 the'- tho Pr.: is Cc7nni^oian did not wish to diccuce tho Parke Cy.^,tcrns Analyaic Prspocal. The Park Cc:-.-iinr;icn vould be ccaing boforo the Council at a later dato on this matter. Paurus moved, Welch ce3c-)n�II-d, to reappoint fir. Van Nast and 11r. E►rad Ilayo to the Orono Planning Ccrnmiasion. Notion, Ayes (3) - Naga 0) . 7:30 P.1t. Mlt3'JTES P02JD 505 Orchard Park Road POND 4100 Watertown Road P3NDS Dw-ilap 6 Wincholl / C/ #12 z Old Crystal Say Ad. PI'.RK CO"C1ISSION REPORT APPOINTIM TS Planning Commission McCOMBS KNUTSON AS.)OCIATES . ' CUNSWING ENGINEERS • tAfJD SUt1YE1UNS O SITE VIANkEITS January 24, 1974 Mr. James Corby City Manager City of Orono P. 0. Box 66 Crystal bay, Minnesota 55323 Subject: Drainage Ponds on the Richard Dunlap and Robert Winchell Property Dear Jim: As you are aware, we looked at she drainage pones on the Richard Dunlap and Fobert Winchell Fropertier, with the resulting drainage acrosG the Reginald Farrell property. The ponds have been constructed without permits and the pond on Mr. Dunlop's property overf1cwu and drains into Mr. Winchell'a pond. Apparently in the construction of the ponds, t:r. Dunlap ran into a spring which providca a continuous floor of water inio the ponds. A drainage ditch was con3tructt--d frora Ki,. Wi►ichell's property to a creek on Mr. Farrell's property. We understc.:' that this was onstructed without permission from the property owner and this has been a source of contention. We also under6tand that this is a matter of litigation. Therefore, we are not responding at this time to the matter of the ponds thcroselvcG. tie do, however, of:er for your information the folloc.ing possible solutions to this problem. 1. tir. Winchell could obtain an ea;>ement from tir. Farrell fur the construction of a drainage ditch or pipe to carry the water to the creek. 2. The City could grant Mr. Winchell perrd,.;!iion to con- struct u drainage ditch or pipe along the City property to the ditch. i'hic is approximately 100 feet. How- ever, the City may want to require this water be carried in a pipe rather than a ditch. (,,;cc attached sk+itch) 12005 01 SON MfMURIAL HIGHWAY, MIN NEAP(fIIS. MINNCSOT A 65441 TLI It PHONE (612) 6403 3T33 �S NO9TN f.QAIN ;TtitFr, HUTCHINSON. MINNESOTA 55350 TH.EPMONE (612) 691.8031 SOOT►IWEST ENGINEERING DIVISION MARSNALI, MINNE501A 56258 TELEPHONE ('0)1 57-1 CS.'0 Mr. James Cosby January 24, 197« Page Two 3. Mr. Winchell could buy the property from Mr. Farrell and could use it as he wants. 4. This property is contiguous with City -owned property. It .night be advantageous for the City to purchaua the land between the properties and the ditch. however, unle3s the City plan.; a use for this property that would be enhanced by the small amount of additional wooded land, the City purchase would seen to be of very marginal use to the community as a whole. We believe that this will bring you uo to date on the present situation. When you devire ua to rurancrtt further, please advise. Very truly you= i, MCCOMBS-KNUTSON ASSOCIAIIES, INC. �14 William If. V _Combs, I'.!:. WHM:ck cc: Mike Schellcr JI&T Docoober 10, 1973 11r, Robort Nincholl 00 Cy,not Place Lung 0'.•4, Hinnesota SS3S6 Roar ter. Minchel l s On Novocoor 29 1973, I,sant yo-a a lotter that the Village Council at their seating decided that all ponds dug since th, adoption of tho ordinance requiring a condititmual use vrait should be brought into confor®onco by applying for such a poroit. If the op2lications are not in by January 8, 1974, it Will bo ncco gory Qcr co to rofox the cotter to tho lecal depart- cont for onforccnont. Bolieve nee I profor cacpliance. Sincoroly yours, E9iko Scheller Building Inspector December 10, 1973 t:; . [;ichard Dunlop GU CyCnot Plcaco Long Lako, Minnesota SS356 Doar Mr. Dunlap (gin Novcmbor 29 1973. I sent you a lottor that tho Village Council at their tooting docid.id thnt all ponds dug sancv tho Aoption of the ordinance raquiririg a conditicr,i.l use pcv ,t should bo brought into conformanco by cpplyiiiC for such a permit. If tho applications are not in by Jonuary ", 19749 it will to nc.otsary for co to refor tho cotter tq tha leca'. depart- L.C:Llt Elf GU OrCC7 0 3t. Dclio✓o co, I profer compliance. Sincorcly yours, tlil:o Ccholler Wilding Inspector :,Z I � - �-' �1� /I pICl/ARl) J. DUNUIP. PtII StItiflt IIAPOLO NrISON. VICC PRi Sf DI-NT Employee Benefit Plans, Inc. IM MIDWEST PLAZA CUILOING • THE MALL • MINNEAPOLI3. MINNESOTA SW2 • TELEPNONi 16121 $WSOS December 7, 1973 James W. Cosby Village Administrator Box 60 Crystal Bay, Minnesota 55323 Dear Sir: On November 30, I received a letter from hike Sclieller req•icating that I apply for a permit for the pond conotructed on my lot with Mr. Scheller'a verbal assurance. Since Mr. Winchell (who is adjoining) and I have the same problem we had already determined that I would do the legal inveatigation required for both of us by the rather complex r;it.lation. I enclose a preliminary letter from our attorney on the subject. Mr. 1*Jinchell and I selectee.] Ed Montgomery to delve into thin for us beccuoe of hits forty cone years of experience with Municipal Zoning. For many years Mr. Montgomery waa the city attorney for St. Louie Park and has been and is connected in a similar capacity with several smaller villagea. Even though "r. Montgomery has spent considerable time going over the Orono ordinances, I am sure that lie doesn't feel the invesitgation has been as complete ar, it should be, particularily in view of the fact that there could be civi'. liability involved. An in depth examination would require the cramination oil council minutes and other research that neither Mr. Montgomery or Mr. Winchell or myoelf have had timo fo r. Fvcn though M.r. Winchell and I wish to cooperate in every way with the council, r.,c muot beg for an extension of time as required :n Mr. Scheller's letter for the following reasons: 1. The techn, cal requirements set out in the application form could not be completed within the tir Tp3n set out under the letter. Page II December 7, 1973 2. I will be out of the country from approximately December 15 to January 5. 3. Our attorney has not had sufficient time to investigate all the ratifications of this complicated matter. Mr. Winchell and myself will, of course, follow this up w;th Mr. Scheller. Sincerely, Richard J. Dunlap RJD/ pjt Copies sent to: Mayor Louis B. Oberhauser Councilman Mary C. Butler Councilman Earl Dorn Councilman Walter B. Massengale Councilman Gary W. Welsh G. Marc Whitehead Mike Schelle r V Vt RwIfNRO J DONLAP ItA901 D Nf.t ;(1N VI(f f r1i 111 1 111 _ I B Employee Benefit Plans, Inc. 938 MIDWEST PLAZA EUILOINO • THE MALL • MINNEAPOLIS, MINNfSOTA 55402 • TELEPHONE 16111 IM 51196 December 7, 1973 G. Marc Whitehead 4344 I. D. S. Center Minneapolis, hlinnecota 55402 Dear Sir: On November 30, I received a letter from Mike Scheller requesting that I apply for a permit for the pond constructed on my lot with Mr. Scheller's verbal assurance. Since Mr. Winchell (who is adjoining) and I have the came problem we had already determined that I would do the legal investigation required for both of us by the rather complex situation. I encl., e a preliminary letter from our attorney on the subject. Mr. Winc all and I selected Eu 1 oatgomcry to delve into this for us becau -,e of his forty came years of experience with Municipal Zoning. For many years rlr. Montgomery was the city attorney for St. Louia Park and has been and is connected in a similar capacity with several smaller villages. Even though Mr, rlfontgomery has epcnt considerable time going over %~ic Orono ordinances, I am cure that he doesn't feel the investigation has been no complete as it should he, particularity in view of the fact that there could be civil liabiLty involved. An in depth examination would require Vie examination of council minutes and other research that neither Mr. Montgomery or Mr. Winchell or myself have had time for. Even thou --'I Mr. Ninchell and I wish to cooperrtc in every v.-ay with the council, v.e n not bcr for an extension of time nO required in Mr. Schelier's letter for Urc following reasons: 1. The technical requirements set out in the application form could not be completed within the time span set out under the letter. Page II December 7, 1973 2. I will be out of the country from approximately December 15 to January 5. 3. Our attorney has not had sufficient time to investigate all the ratifications of this complicated matter. Mr. Winahell and myself will. of course, follo .- this up with nor. Scheller. Sincerely. `���ccf�cch dr, :,J. Richard J. Dunlap RJDI pit Copies sent to: &-L '?" rl"'ji-C Mayor Louis B. Oberhauser Councilman Mary C. Butler Councilman Earl N. Dorn Councilman Walter B. Massengale Councilman Gary W. Welah James W. Cosby RICHMID9. MONTGoMeRY, CORD {JI DADJFOnD, P A LAWYCIV6 •wco • s•..ofw eow•wo c oAL6 •wAw■ • ,IA"9 O�L�•tl• T•LfwMOwt 336-0541 1430 VAIN TOWER 96111614•w/. w1C M•wD! 691 MA,IOUCTTC AVC. to..u"oI Now. oo«awr MIN NCAPOLID w•T1.•w0 Coen MINN[90TA 00402 •AUL t 6.0 0w. dw M.. A a.-, I wu YIf LV1w o 1.11-+I Gw((w C Loco—r w ILLI•Y O oALC LT«w o TwuteuCLL ■ ,ogwc."t C Nn1.411I L December 4, 1973 01 C..AIID L.LUTI.[w JOHAT"Aw V. 1c—L JACA A. woone lln ,/AI046 a. wwOYAw Mr. Richzrd Dunlap 60 Cygnet Place Long Lake, Minnesota 55356 Dear Mr. Dunlap: I am writing in response to your icqucst for an opinion as to whether you are required by the Zoning Ordinance of the Villi-i9e of Orono to secure a Conditional Use Permit for excavation for a small pool which you hrivo in your back yard. It is my understanding that while you were constructing your new house dttr.ing the ourr..:aer of 1972, it was discovered that the water tablo in the back yard was very close to the surface and that as a part of tho landscaping of the yard in connection with the constructic- of a new house, you had a small area excavated below the curfaco which ir�ncdil,tcly filled with subsurface writer. The soil excavated from this area was removed to en cdjoining lot owned by the Village Engineer and was dcpoaitcd there with his consent. The area around the pool was then lard- ecaped as part of the landscaping of the yard and houso. It is also my understanding that prior to making this c%cavation you inquired of t1r. Scheller, the Building Inspector, as to whether any permit was required and ho informed you that no permit was rcquircd for this excavation for this purpose. You now have received a letter dated November 29, 1973, from Mr. Scheller informiz.g you that the Village Council, at its tweeting November 26, "voted that all ponds excavated since the enactment of the E::cavation Ordinance in 1967, should co:~.e into conforru-,nee by applying fer a Conditional Use rer:mit as rcquircd by the Ordinance", and Mr. Richard Dunlap Page 2 he requested that you submit a Conditional Use Application on a form which he submitted. You have furnished me with a copy of Ordinance No. 125 of the Village of Orono which it is my understanding is the Ordinance referred to by Mr. Scheller in his letter of W':_mber 29. This Ordinance impose:+ an amendment to Section 31.700, 31.705 and 31.710 of Chapter 31 of the Municipal Code of Orono, which Chapter is tho Zoning Ordinance of the Village Section 31.700 provides that "it shall be unlawful for any person**to remove**sand, gravel, dirt or sirailar material within the limits of the Village of Orono; without a Ccnditional U::e Permit issued by the Village Council." But Section 31.710 qualifies this: Ecction by providing that "the rcquirc:r.:nLr. of Si:ction 31.700 are not intended to govern the normal and .,stomary grading of the area of an existing or.a newly cor.:.tructed building"**"cuch grading and earth moving shall Le approved by the Duilding Incpect-.or at the time of issuance of the L'uilding Permit." Mr. Scheller in his letter of November 29, states that the Village Council, at their meeting of Novcmbar 26, 1973, "voted that all ponds excavated cinco the encct--ient of the Excavation Ordinance in 1967, chould come into conformance by applying for a Conditional Use Permit ca required by the Ordinance." It is ray understanding that there is no such provision in the Municipal Code adopted in 1967 and that this referenco ie to the amend,,.ent to this Ordinance accomplished by Ordinance No. 125 referred to abovo. I find nothing in tho original Ordinance prohibiting any excavation of thio hind in connection with improvement of a yard surrounding a one fa:.iily detached dwelling. Section 340.36 parmitr, %ccorative landscape features." We conclude that this excavation on your lot for the purpose of creating a natural water pool as a part of tho landscaping of the lot, w,►ich pool does not drain on to adjoining land, was not prohibited by the Ordinanr_ea Leferred to above and that the Village Council hca no authority by it.:, action on I:ovc ,?per 26, to in effect, ic.?oso a retroactive amen.dmz nt to the Ordinance by rcquiring Mr.. Richard Dunl al) Page 3 Conditional Use Permits for ponds excavated since the enactment of the Ordinance. It is my understanding that you are considering making application for. -.tie Conditional Use Permit as a matter of cooperation with the Villc,,e Council even though you may not be required to secure; the permit by existing Ordinances. It is our recommendation that any application you make sh,-Al be accompanied by a Ltatcment that it is made without prejudice to your right to contest any procectuion or other proceeding by the Village alleging violation of tho Ordinance in the event that the application is donied. You have called attention to the fact that the requo5t of thG building inspector dated i.ovcrrl-)er 29, and received by you November 3J, gives you an inadequate time to prepare the complex application and submit an abstract of adjoining properties by December 5. You also inforrod ro that you are leaving home for a two week trip about , Dccc-.ber 14. 1 would cuggest that you therefore, request an extension of time to file the application and at-cchcd abstract until shortly after January let, cuch rcrucst -t:o be subject to preservation of your right to cont-cot any p.rosccution or proceeding for enforce;cnt of the Ordircnco in ilia event that a permit is not granted. 1-1 Yours very tru) , Edmund T. !'!ontgo=ry Ml/bac w November 290 1973 Mr. Richard Dunlap 60 Cygnot Pleco Long Lako, Minnesota 55356 Doar Mr. Dunlap: The Yillato Council at their mooting of Noverbor 26, 19731,. voted that all ponds excavated iinco tho enactcont of tho excavation ordinanco in 1067 should con* into confornence br applying for a conditional t►so poruit as roquired by the ordinanco. I readily admit giving you vorbal poroiasion to excavate your pond due to nisintorportation of condi:ioas that existod at that timo; howover. I respectfully ask your coopperation in filling out tho conditional use application enclusod horcin and roturning tho occo with the $10.00 foe required by ordinanco by Docoabor S. 1973. Your application will bo procoased at tho noxt regular mooting of Decembor 10, 1973. 8incorely yours, Mike Schellor Building Inspector enclosure TO: Janos Cosby, Village Administrator FROM: Mike Schollor, Building Inspector DATE: October 25, 1973 SUBJECT: Forroll-Wincholl Drainage Problem In the spring of 1972, Richard Dunlap took out a building porait to construct a now residence at 60 Cyinot Pla o. When he was landscaping his yard, he ashcd if it was all rr,ht to construct a smoll wild life pond. I gave hin verbal purnission to do this. This was not in any voticr.la. I was of the opinion at this tic:c, that I Was allowed to do this as en aftermath of the Willow Drive reconstruction, whoa I vas informed I had s000 leeway as long as it was not wetlands. Thia su--7ior I was informed by the Forrolls that grater from the Wincholl, t1.3 coif;hbor of Dunlapp, pond was deliberately channeled across thoir j:.,c,,.orty to tiro croolkod running through thoir property. I was not cvc.i ccquaintod with Mr. Winchoh and novor authorizod a pond on his property, lot alono a chRrnol across the Forroll property. Thera would not have boon a problem excopt in the process of dredging the pond a spring was cponod which kopt flowing and the natural Vey for tho water to flow was toward the Ferrell property Fred the creol:bcd. I r.ot with I;r. Forroll, his son, Mr. Dunlq) end Mr. Wincholl to arrive at a solution to th3 problem. I.1r. Wiucholl offered to j:c.y to bury a tilo across the Forroll property to solve tho problen. I;r. Dunlap csl.od to dolay action, to soo if he could buy the land Cron Mr. Ferrell for his sca. fir. Dunlap cnco to my oC0.1co a wook ago anal said ho uaa still negotiating and had ccr.3 closer than tho S12,S00 offer and the asking price. August Zle 1973 Mr. Richard Dunlap 60 Cygnct Place Long Lake. Minnesota Dear Mr. Dunlap: 55356 A problem sect.; to have arisen from the pondinp, of water on your proporty and the adjacent one. The problem is not so much with the ponding as the runovor from the adjacent pond onto the adjacont property. I would appreciate it you and your neighbor situation. Sincerely yours. fliko Scheller Building Inspector if you would arrange for no to meet at your convunienco to discuss the hcc: Reginald Ferrell 3085 Watertowi; R:)ad to C y &,ogf PL.4c 4L, C,ILOn,o i /r1,u Y74 - Y3S.0 t��a � rr lQtwt�c � 4er uj Sow*- ow4e g4aa rw,S PAo14f4t IJ r0 f(« I 4 & L, OL owe ) i.-+ Our { Aet IIA94 Tb MAke. , r A tamer puee. Ou4 er►«4016N RlWo CF (4 ew,.a,Cd., A^,A rb jet (AA I" ^OrG LAJO,*ALL AAC{c`f,KA Revorc, h4w : f% fit'- Iti PS-0 „f SO PY6AW NOTE : Ser E.vecgrp Mir 1 T► w If A APC ouot r tv o(wry ,fca.t rwc Naen, laopowy L4,Ic, mt*t : Lc , htm fir. cerews.- vNic N GoEI r0 ad c #a*o. f 117 .a �Ac .raw& Era of 66 oeewj,,o•u Ir rO a&*#L t+4t AtV, OW O"t fRAY*O tT Sal r Af Te k i r r-7M I Gyre AA&A a r7 A*,* ter / r P"cow r^ ro A .Sv&4- Onc. Auw&. Ak- Eilll'wwr SCOMA Of Cunt AgoRft rl , uw,e# ##f A p ` fL `u na.',•r ry�&e-ui►r� /1Ay,�. t� t%t w t � 7,v of K.. e 4 oulf PAVftKi I. r#/f fir( -Lc 40i"o ThE*� CcA. w ft.r 4♦ c„,v, vtf J' u) f.rtcc. 4T t /tc FniA,T t4kfrt. fi t- C(o f-de-- /-V(jc,&.rjy &A/rr ,* PQ�PC�Ir Ar Tie IouwAw (YW,-ec , t Frecriaccy Cv w"& / T 6-6(J ilri w ib4% /3 yv�rr a.,�? /f ocElow '.#( (*,eCA"13 . C i4 PAIAW Y k"Ir IT AAA fie,)M AOWr.Y �a 014rr. i4�4 klnc e� th j�fr E4t✓ih,d4o AcTJ OF #kc Jcof)e._ ktow&. tLk eW rko o7F Cull ?,40t trYto Ttro L-'► of, F r AA. - f c w I'-)pS Platt of Survoy for Jan Pickett of Lots 3 nno C, Block 2, Svr.n Le:ce Addition Pr-nnc} In Count, r:innesota I s r `� /► fit- A N • lti WO 7� 1 \ •i CArtificate of :-v^• .46 I herpbc rprti y t}.mt tti i! is % true` ate corr-ct reF;• %swr.L at ion c, f a surewy of tti'. ho,.,nderi•s of lots 3 arse L, Kock 2, Sti'hn L^gee ADd!t:an, e.ne1 of if an the le+r.ation o.' �11 ht;ileirge thorean, enc mk11 viriG:• er.c:cr.cr�Ps,ts, i, tl,e or on n o lend. Skis surv•v it race only in co-.:.ectiern :rich a co:t-a�e � lean nr L�inF lacoc on the pro, anc no liability ;s • Sr- :,.•C -ecept to t .c he purj•oes holcer of Bile't mrortrage or any other interest aaquirPc tiY son of art- t ' �r the the Cage• It is im.e..erstood wnd arreed no won+eernty have c»'n her of Mmtehl ir)^.inC' lot lines or bo-indit" corners. Scala: 1" s 60' CnrAoo It. Coffin F_• - :o. E..;,tr�. pate s 11-1-71 ;.end Surveyor and flamer long Lake, ►;inn•sota i MI ►TVY MAP are -au -'r_W_-_T*is is JV .; wncff_ j1-- At.�t�AY f�Mrt�}c.�lNeb - 4OL4 L-4 r7v" CewnAa(" Sn ry ("OOOtRt- To Ft c4- !,i r*4 Pw&. o . - r ' Cert. i f icate of Survr�v for Paul A. Vttkn of Lot. 4, Block 2, Swan Lake Addition iiennepin County, Minnesota f, 0 0 0- I hereby cf-rt.ify that this. IS d true and correct. representation of a survey of the boundaries of Lot. 4, Block 2, Swan LakF, Addition. It does not purport. to show any Improvements or encroachments. Date : /-26-85, 6-12-87 Spot elF.-vs. Scala: I" = 50' Iron mark+:,r �i.e Spot. pie vation Datum: Assumed t�UIjl,j & GRONBERG, INC. Land Survi-y(.)r F'l,jnnf�rs i_onq Iak.e, Minnesota ZONING FILE NO. 1154 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 6/16/87 --------------------------------------------------------------------------- TO: Paul Vitko COPIES TO: 80 Cygnet Place Long Lake, MN 55356 TYPE OF APPLICATION: XX Conditional Use Permit ----------------------------------------------------------- DATE OF MEETING: 6/15/87 VOTE: 5 For 0 Against Planning Co ission recommends the following: XX Approval subject to conditions noted below AM SPECIAL CONDITIONS: 1) Applicant must obtain permission from the Public Works Coordinator in order to access trucks via the park lot, and shall adhere to whatever conditions of approval (route, restoration if any, etc.) are placed on that approval. 2 ) Applicant shall, as part of that final grading of 'L'ie fill, create a swale within the 10' drainage easement along the rear of the property, at an elevation and slope that will transport any overflow from the existing pond connection pipe from 60 Cygnet Place, to the south end of applicant's property, where such overflow will then flow naturally across the park lot to the creek. 3) A General Improvement Project Agreement shall be executed by the applicant, including such security as may be deemed necessary by the Public Works Coordinator to ensure restoration of park property if damage occurs, and creation of the required swale across the drainage easement. Your elevation survey submitted at the meeting wil 1 be forwarded to the City Engineer for review. Applicant's next scheduled meeting is confirmed as: City Council July 13, 1987; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. CITY of ORONO Post Office Box 666Crystal Bay. Minnesota 55323•Municipal Officas On the North Shore of Lake Minnetonka Permission is hereby granted to cross City property known as Cygnet Park adjacent to 80 Cygnet Place. Permission is granted subject to the following conditions: 1. Must receive Orono Council approval. 2. Entrance and exit to City property at one location as agreed upon by applicp::t and Public Works Coordinator. 3. No trees shrubs bushe. 1,7, will be damaged or removed. 4. Permission will be for 90 days from the time the first load of fill is brought in but in no case will that date be later than October 13, 1987. 5. Inspection of the area to be conducted by applicant and Public Works Coordinator upon completion of projecc. 6. If during the course of the project ., ' z determined by the Public Works Coordinator or City repres:ntative that conditions of permit are not being followed, this permit upon verbal or written notice to applicant will be null and void. t3UIL01NG • 7UH NG - 473.7357 • A[lilR SUATION a NNANCt 473.7339 • PU K N WAKKS - 471.7159 i City of ORONO RESOLUTION OF THE CITY COUNCIL NO. - --- A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER NUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 i 20 FILE #1154 WHEREAS, Paul Vitko (hereinafter "the applicant") is the owner of the property located at 80 Cygnet Place within the City of Orono (hereinafter "City") and legally described as follows: Lot 4, Block 2, Swan Lake Addition, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono for a Conditional Use Permit to permit filling in of a pond area requiring in excess of 100 cubic yards of material per Municipal Zoning Code Section 10.03, Subdivision 19 & 20. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoninq File #1154. 2. The pro- ty is located in the LR-113 Single Family Lakeshore Residential — ning District. 3. On June 15, 1987, the Orono Planning Commission reviewed the application as proposed and recommended approval making the following findings: A) The pond was created in approximately 1972 and is a man-made excavation of area 201x601x6' deep. B) The pond is on rf,latively high ground and is not a designated wetland area. C) The pond is currently dr; and with very steep banks and a depth of 6', is a potential safety hazard to children playing in the area. D) A similar pond on property located at 60 Cygnet Place currently has an overflow pipe which drains into applicant's pond. Filling of applicant's Fend will necessitate appropriate site grading to transport the neighbors' pond overflow across applicant's property to the park lot adjacent to applicant's southerly property line. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. E) Filling of the applicant's pond will require approximately 450 cubic yards of fill. F) Filling of the pond will have a beneficial effect on the safety of neighborhood children. 4. Applicant has received approval from the Public Works Coordinator to transport the necessary fill across the park lot to avoid disturbing his septic system, subject to Council approval. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. 6. The City Council f inds that granting a Conditional Use Permit to allow the proposed filling of the pond area with 450 cubic yards of fill will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the pruposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CON=SIONS, ORD=R AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.03, Subdivision 19 i 20 to permit fill in the amount of appoximately 450 cubic yards to be placed within the pond area, subject to the following conditions: 1. Applicant shall, as part of the final grading of the fill, create a swale within the 10' drainage easement along the rear of the property, at an elevation and slope that will transport any overflow from the existing pond connection pipe from 60 Cygnet Place, to the south end of applicant's property, where such overflow will then flow naturally across the park lot to the creek. 2. Permission to cross City property known as Cygnet Park adjacent to 80 cygnet Place is granted subject to the following conditions: a) Entrance and exit to City property at one location as agreed upon by applicant and Public works Coordinator. b) No trees, shrubs, bushes, etc. will be damaged or removed. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. c) Permission will be for 90 days from the time the first load of fill is brought in, but no fill may be brought in after October 13, 1987. d) Inspection of the ar--a to be conducted by applicant and Public works Coordinator upon completion of project. e) If during the course of the project it is determined by the Public Works Coordinator or City representative that conditions of permit are not being followed, this permit upon verbal or written notice to applicant will be null and void. 3. A General Improvement Project Agreement shall be executed by the applicant., including s•1ch security as may be deemed necessary by the Public Works Coordinator to ensure restoration of park property if damage, and creation of the required swale across the drainage easement. 4. Violation of or non-compliance with any of the terms and con]i- tions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 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 July, 1987. ATTEST: Dorothy M. Hallin, City Clerk Property Owner(s) James R. Grabek, Mayor Page 3 of 4 7YIF TO: Mayor Grabek % �y#�► Orono Council Members lG City Administrator Bernhardson L 13 �58T FROM: Michael P. Gaffron, r, Assistant Planning & Zoning Administrhtc*�g ` V�srjx �i DATE: July 1, 1987 SUBJ: N1155/#1156 Lloyd Draper - 3955 Webb Street/ 1929 Fagerness Point Road - Variance - Resolution List of Exhibits A - Memo & Exhibits of 6-8-87 B - Planning Commission Action Notice 6-17-87 C - Planning Commission Minutes 6-15-87 D - Survey of Iot Sizes of Properties Notified Discussion - Please carefully review the memo and exhibits of 6-8-87. Applicant is requesting that lot area variances for two adjacent vacant substandard lots be re -granted as they were in 1971. Planning Commission at their 6-15-87 meeting recommended on a 4-2 vote to deny lot area variances for each of the two lots, finding that those lots if combined will substantially meet the zoning code lot area requirements for a single building site without the need for lot area variances, and finding that these lots are relatively small compared to the immediate neighborhood. Staff would make the following additional factual comments regarding the application: 1. If you read the Planning Commission minutes, you will note that ne' 'ibors John Weist (1920 Concordia) and David Slavik (1913 gerness Point Road) made the statements that their lots we.-� "1/2 acre" and "3/4 acre" respectively. In fact, their lots are only 0.34 acre and 0.45 acre respectively; Weist's lot is actually smaller than the Draper lot next to him. 2. Of the 15 developed lots within 150' whose owners were notified of the hearing, 1/3 or 5 of 15 are as small or smaller than Draper's Lot 19 at 0.32 acre; 8 of 15 are larger than Draper's Lot 16 at 0.37 acre. If Draper's lots are combined, there will still be 3 neighboring lots that are larger than Draper's total 0.69 acre. 3. As of this writing, applicant has not submit -led a copy of the 6' easement he apparently has over 1932 Fagerness Point Road for lake access. Staff suggests that these lots do not abut Iakeshnre and that neither should be al lowed to have riparian rights. Staff would recommend that if variances are approved, such approval be subject to invalidating any lake access easement that exists. Zoning File N1155/#1156 July 1, 1987 Page 2 4. Staff also recommends that final approval of the variances, if granted, be subject to applicant paying all City -incurred costs as a result of the hazardous building action taken to have the garage on Lot 19 removed. 5. In the minutes, Bellows' comment that the proposals do not show garages, driveways, decks etc. is incorrect. The proposals do show attached 2-car garages, driveways, and decks which were considered in the 18-20% hardcover proposed. Staff Rece� ndation - Staff feels that the history of contemporary approvals/denials of lot area variances in the LR-lC district suggests that approval of the requested variances is appropriate. The two vacant lots are not inconsistent with a number of already -developed lots in the immediate neighborhood and with many developed lots in the LR-lC District. The applicant's agent, Mr. Blumentritt, has shown that residences can be developed on each lot that will meet all hardcover and setback standards. Both lots were assessed for sewer and water, and Lot 19 once c, tained a house. Variances for both lots were granted in 19 . under the same 1/2 acre zoning, and little has changed since then except the hardcover requirement, which applicant can meet. Given the above facts, staff must recommend approval per the attached resolutions. City of OR �,)NO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FIIE i1155 WHEREAS, Lloyd Draper (hereinafter "the applicant") is the owner of the property located at 3955 Webb Street within the City of Orono (hereinafter "City") and legally described as follows: Lot 16, Fagerness, 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, Subaivision 6 (B) to permit the construction of a single family reside:cP on a lot containing 0.37 acre in area where 0.50 acre is normally required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1155. 2. The property is located in the LP. -IC Single Family Lakeshore Residential Zoning District. 3. The property contains 16,100 s.f. or 0.37 acre in area. 4. The Orono Planning Commission reviewed this application on June 15, 1985, and recommended denial of the proposed variance based upon the finding that the Lot 16 in question and the adjacent Lot 19 owned in common if combined wi 11 substantial ly meet the zoning code lot area requirements for a single building site without the need for lot area variances; and f inding that the lot area of 0.37 r.cres is re lat i ,e l y sma l l compared to the immediate neighborhood. 5. The Council finds that development of a residence on this 0.37 acre lot can be accomplished while meeting the sethackc and hardcover requirements of the zoning code. Paqe 1 of 4 City of OR()NO RESOLUTION OF THE CITY COUNCIL NO. 6. The lot size of 0.37 acres is greater than the lot size of 7 of 15 developed lots within the immediate neighborhood. Within the expanded neighborhood of Fagerness Point Road and Concordia Street, 18 of 57 developed lots are smaller than 0.37 acre. Within the entire 1-R-1C zoning district, 31% of the developed lots are smaller than 0.30 acre and 55% are smaller than 0.40 acre. The lot size of 0.37 acre is not inconsistent with other developed lots in the LR-lC zoning district. 7. Lot 16 has been assessed for newer and water. Both sewer and water connections are available. 8. Lot 16 was granted a lot area variance to construct a new residence in 1971 under essentially the same zoning standards. That variance expired after 1 year and no residence was ever constructed. 9. Lot 16 is a separate lot for tax purposes. 10. Approval of this variance is consistent with contemporary City approvals for similarly sized existing uncombined lots in the LR-lC district. 11. 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. 12. 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 graining 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, ORUIKR AND CONDITIONS Based upon 'he above findings, the Orono City Counci hereby grants a variance to the Mlunic•ipal Zoninq Code Section 10.25, Subdivision 6 (B) to permit the constructio^ of a single family residence on a lot containing 0.37 acre in area where 0.50 acre in area is normally required subject. to the following conditions: Prge 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1. No further variances will be granted. Construction of a residence on the property shall meet all other standards of the zoning code. 2. Lot 16 shall have no riparian rights. 3. Fees to be paid with Building Permit: a) Park Fee: $430 per current Fee Schedule. b) Sewer Unit Charge: $225 c) Current Sewer Availability Charge (SAC) at the time perm_'t is issued. 4. Hardco,•r?r on Lot 16 shal t exceed 30% of 16,100 s.f., or 4,830 s.f. 5. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (July 13, 1988). 6. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has . —1, understood and hereby agrees to the terms of this resolutioi. on behalf of himself, his heirs, successors and assigns, here:_, -es to the recording of this resolution in the chain of title of property. :Adopted by the Orono City Council on this . I day of July, 1987. Dorothy M. Ha lin, City Clerk (1) Property Owner James R. Grabek, Mayor Page 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL m A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE #1156 WHEREAS, Lloyd Draper (hereinafter "the applicant") is the owner of the property located at 1929 Fagerness Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 19, Fagerness, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to Per it the constructior. -)f a single family residence on a lot of 0.32 acre in area and 75' in width where 0.50 acre area and 100' width are normally required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City (' anci 1 of Orono, FINDINGS 1. This application was reviewed as Zoning File # "56. 2. The property is located in the LR-lC Single , -,ily Lakeshore Residential Zoning District. 3. The property contains 13,875 s.f. or 0.32 acre in area and 75' in width. 4. The Orono Planning Commission reviewed this '70lication on June 15, 1985, and recommended denial of the p- posed variance based upon the finding that the Lot 19 in c r esti on and the adjacent Lot 16 owned in common if combined will sutstantially meet the zoning code lot area requirements for a sing'e building site witho,i' the need for lot area variances; and finding that the lot art )f 0.37 acres is relatively small compared t(. the immediate neighborhood. 5. Thy: Council finds at c l opment of a residence on thl 0.32 acre lct can be accomplished wtiile meeting -_he setback and hardcover requirements of the zonii.q code. Page 1 of '• City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6. The lot size of 0.32 acres is qreater than the lot size of 5 of 15 developed lots within the immediate neighborhood. within the expanded neighborhood of Fagerness Point Road and Concordia Street, 6 of 57 developed lots are smaller than 0.32 acre. Within the entire LR-lC zoning district, 31% of the developed lots are smaller than 0.30 acre and 55% are smaller than 0.40 acre. The lot size of 0.32 acre is not inconsistent with other developed lots in the LR-IC zoning district. 7. Lot 19 has been assessed for sewer and water. Both sewer and water connections are available. 8. Lot 19 was granted a lot area variance to construct a new residence in 1971 under essentially the same zoning standards. That variance expired after 1 year an] no residence was ever constructed. A house previoisly existed on Lot 19 prior to 1970. 9. Lot 19 is a separate lot for tax purposes. 10. Approval of this variance is consistent with contemporary City approvals for similarly sized existing uncombined lots in the LR-lC district. 11. The City Council has considered this application in-luding the findings and recommendations of the Planning Comn, ssion, reports by City staff , comments by the applicant and the effect of the proposed variance on t:.e health, safety and welfare of the community. 12. 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 wou ; 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 variances to the Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a single family residence on a lot containing 0.32 acre in area and 75' in width where 0.50 acre in area and 100' width are normally required subject to the following conditions: Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. - -- --- ----- �. No further variances will be granted. Construction of a residence on the property shall meet all other standards of the zoning code. 2. Lot 19 shall have no riparian rights. 3. Fees to be paid with Building Permit: a) Park Fee: $470 per current Fee Schedule. b) Current Sewer Availability Charge (SAC) at the time permit is issued. 4. Hardcover on Lot 19 shall not exceed 25% of 13,875 s.f., or 3,469 s.f. 5. A building permit for Lot 19 shall not be issued until the existing garage has been removed and fees incurred i)y the City involving such removal have been paid. 6. AuthoilticE granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (July 13, 1988). 7. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, 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 July, 1987. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor (1) Property Owner Page 3 of 4 To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning 6 Zoning Administrator Date: June 8, 1987 Subject: #1155 Lloyd Draper, "3955 Webb Street" - #1156 Lloyd Draper, 1929 Fagerness Point Road - Variances - Public Hearing Zoning District - LR-lC, �-acre sewered Application - ##1155 - Lot area variance to construct a residence on a substandard vacant lot. #1156 - Lot area and lot width variances to construct a residence on a vacant lot (this lot contained a residence until about 1970). List of Exhibits Exhibit A - Application ##1155 Exhibit B - Application ##1156 Exhibit C - Plat Map Exhibit D - Property Owners List Exhibit E - Survey With Conceptual Site Plan #11155 Exhibit F - Survey With Conceptual Site ''lan #R1156 Exhibit G - Documentation of Variance Approval in 1971 Exhibit H - Sewer/Wate. Stub Locations Pertinent Facts - I'Xisting Required Variance #1155 - Lot 16 - Area 0.37 ac 16,100 s.f. 0.50 ac 0.13 ac or 26% #1156 - Lot 19 - Area 0.32 ac/13,875 s.f. 0.50 ac 0.18 ac or 36% #1156 - Lot 19 - Width 77' 100' 23' or 23% - Each lot contains a sewer stub and water connection and each has been assessed for footage. Only one sewer unit charge was previously assessed. - These lots were each granted variances in 1971 but houses were never constructed. Lot 19 contained a house until 1970 which was subsequently razed. The lots have never been combined ani are separate for tax purposes, hence no subdivision i•3 required. Lot Size Comparison On Fagerness Point Road and Concordia Street, 6 of 57 developed •properties are smaller than 0.32 acre, and 18 of 57 are smaller than 0.37 acre. The average area of those 57 lots is 0.53 acre, with 41% exceeding the average area and 59% smaller than the average area. Zoning Files #1155 & 1156 June 8, 1987 Page 2 of 3 In the overall LR-lC zone, with 631 existing residences as of 1983, 31% of the developed lots are smaller than 0.30 acre and 55% are smaller than 0.40 acre. In general terms, both lots proposed to be built upon are fairly typical of developed lots in the LR-lC district but are relatively small compared to the Fagerness Point neighborhood. LR-lC Lot Area Variance Actions 1980-87 Existing House on Name Address Property Mertes 3237 Casco Cr No Belden/ 3598 No Shore Dr Yes Meline Pemberton 3580 No Shore Dr Yes Hedlund 3990 No Shore Dr No Barth/ 1800 Shadywood Rd No Johnstone Ulku 1416 Baldur Pk Rd Yes Williams 1932 Fagerness Pt R Yes Nunnally 3844 Cherry Ave Yes Burnevik 3640 Northern Ave Yes Glover 3036 Casco Pt Rd No Lorge 2697 Cascc, Pt Rd No Home Blds 3545 Ivy Pi No of Wayzata Posnick 1396 Baldur Pk Rd Yes Approved Denied Date Area X 2 9/87 16,748 X 6/23/86 5,300 X 1/13/86 11,130 X 9,532 X 1/14/85 15,100 X 2/13/84 10,100 X 8/13/84 6,327 X 2/21/S4 11,296 X 12/19/93 7,500 7,868 X 1983 19,500 (by Court Settlement) X 1/10/83 10,000 X (No others back to January 1, 1980 in LR-IC) Summary Denied 5,300; 9,532; 7,868; 10,000 HS Vac Vac Vac Approved 16,748; 11,130: 1,100; 10,100; Vac HS Vac 11S 11,296; 7,500; 19,500; 12,870 HS HS Vac 11S 8/15/83 12,870 6,327; 1i S PATTERN: Vacant lots 10,000 s.f. or less have generally been uenied; vacant lots 1.5,,000 s.f. or greater have generally been approved. Substandard lots with existing houses have generally been approved, except in the one case of an unusually small lot on which the existinq bcilding was deemed hazardous and the access was directly to a heavily traveled County road (3598 North Shore Drive). Zoning Files $1155 & 1156 June 8, 1987 Page 3 of 3 Since 1984, the issue of common ownership of adjacent sewered lots has not been a factor in granting of variances, each separately taxed lot must be reviewed on its own merits rather than the ownership pattern. Discussion - The two lots in question have been vacant for a number of years, and there have been many complaints over the years regarding the accumulation of rubbish and debris. An old garage on Lot 1.9 has been declared hazardous and is in the process of removal. Applicant received variance approval to build a house on each lot in 1971, under the same � acre zoning standards as exist now. The only applicable code change since then is the hardcover limitation, with Lot 19 allowed 25% hardcover and Lot 16 allowed as much as 30%. In both conceptual schemes presented, the lots can be developed with about 20% hardcover each. Neither lot is riparian to Lake Minnetonka. Staff Reco■�ndation - Staff feels it would be most consistent to approve the variances requested, given the previous approval in 1971 under the same lot area nad width standards as now exist, given that development of the lots can meet the appropriate setback and hardccver requirements, and given the history of variance approval of similarly sized sewered properties in the LR-lC zoning district. The following conditions would be appropriate: 1. Construction on each lot shall meet all zoning code requirements; no other variances will be granted. 2. Fees to be paid with building permit: Lot 16 - $225 sewer unit charge Park fee - 0.37 acre lot = $430 per current fee schedule Lot 1.9 - Park fey - 0.32 acre lot - $470 per current fee schedule Sewer Availability Charge (SAC) for each lot - per current fee schedule at time permit is issued. 3. Neither lot has riparian rights. 4. No permit may be issued for Lot 19 until the existing garage is removed. Uti LLA hUC ' U Fee Receipt Initials 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 Property Identification Number ( P. I . D. ) l7-1 l7- Z -3 ? 3 pc°,j'7 Please check one - Is the property abstract or _)� torrens? Attach legal description to application if not included on required survey. - ----------------------------------------------------------------- APPLICANT /N ` Phone ( home ) Name 5���1+t3 Phone (work) l 2. 3 C� S Address: /2 22 %tags City: f�,"F'L S Zip: ---------------------------------------------------------- ------------ OWNER ( if different than applicant) Phone (home) "31 / - /02n Name ! toy L- ✓�.s3P�� Phone (work) Address: .�(�.1.�" rk'.•-�h,�yr _�, ,City: r zip: Date Property Acquired6wiW0"0z 1 y (month/year) I (do (do not) also own the adjacent parcel( of land. PRESENT U8E OF PROPERTY Present Zoning District � r-- I C Present Use of Property UAt4,#J Residential Other (specify) ------------------------------------- ------------------------------------ DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: Solt P A _.,ti .CE x,c;,�.►��1 Rcs, oAj LoT --------------------------------------------------------------------------- VARIANCE8 REQUIRED Lot Area Lot Width Hardcover Setback Variances ( Front Side Rear) Other --------------------------------------------------------------------------- HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: c�T I _c f nJ i.L f- L L-/1 Z F U. --------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: t- n-=-C*-, 0 , t ,� --------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. --------------------------------------------------------------------------- Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date --------------------------------------------------------------------------- APPLICANT'S SIGNATURE L'he 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 supplie s true a d oorrect to the best of his/her knowledge. Applicant's Signature ' ' Date / OWNERS SIGNATURE �` ' //r: 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 verificatio ,of this requ ---- --- -- - -� Owner's Signature` / C ---L- Date%' , �Z /� Applicant must have aIX submittals intox�e city cffices 25 days before the Planning Commission. Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Plar.n_ng Commission and Council, and, if an applicant is unable to attend a scheduled meeting, to please make arranae- ments to have an authorized agent attend in your place and to advise the Building i Zoning Office of this change prior to the meeting. viol In F" "" ;7 � I uac I he u Fee i.�r.,�.Receipt Initials �S 04 VArttt.•Jce 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 % f% 2 Property Identification Number (P.I.D. ) _174/7- 2 3 ? 3 Please check one - Is the property abstract or X torrens? Attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT �E'C S J r 1ti% C ,� Phone ( home ) n Name i %A C-K) I—r, 1-t T Phone (work) -2 3 - Off l i Address:�` (, ;�i�l��� -;- IjC City: )-,"L i�N Zip: _ ------------------------ OWNER (if different than applicant) Phone (home) FC,I C) Name 1- L. 0 -1 �� ���h4'�-(�_ Phone (work) Address: liols- c2lr-Apt An,> - City: r-11='�-S Zip: 5"'S�//`j Z�3Co Date Property Acquired (month/year) I d?) Ado not) also own 4he adjacent parcel)(of land. ---------------------------------- --------------------- PRESENT USE OF PROPERTY Present Zoning District 9-1 < (I Present Use of Property (,�,�t-`i _� sidential�j Other (specify) ------------------------------------- ------------------------------------ DESCRIPTION Of REQUEST Estimated Construction Cost $ Describe request in detail: R�1 i-n /�(-, d-e= xar-Ic yds. CJN c -i --------------------------------------------------------------------------- VARIAMCES REQUIRIM _ X Lot Area Lot width Hardcover Setback Variances ( Front Side Rear) Other --------------------------------------------------------------------------- HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: Z. c" e P'W1L. 7'.t= C --------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements:"�_�?T(�i� ---------------------------------------------------------------------------- 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. S. Plat Map. ---------------------------•------------------------------------------------- The Lpplicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provi(:e 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 suppli d :s true and correct to the best of his/her knowledge. Applicant's Signature r � ! 1�/ff��t t'�� 'l�� Date �'����� �n PP 9 OWNERS SIGNATURE The owner hereby acko%rIedges 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 inve } ga- tion and verificatio -of this requ"t. Owner's Signature . ��`:'-* � �' '�'� Date"���� ----------------------r-------------------------------------------- Applicant must have all submittals into"the City offices 25idays before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scnedu led review meetings of the Planning Commission and Council, and, if an applicant is unable to attend a scheduled meeting, to please make arrange- ments to have an authorized agent attend in your place and to advise the Building i Zoning Office of this change prior to the meeting. 0L+1 GATE 08/13/66 E ATCH 004 38 17-117-23 23 0002 PPOP ACOR 01885 CO!tCOPDIA ST C:-":ER NAME J R WAYE t P K WAYE TAXPAYER JAN R t PHYLLIS K WAYE N--lE/ACCR 1125 CONCOPOIA ST OPONO MN 55391 38 17-117-23 23 0008 PROP ADOR 01905 FAGEPNESS POINT RD CWNER t�AME RUSScLL DEAN HAGEN ETAL TAYPAYEP RICHARD D COLNESS NAr1E/AODR 1905 FAGEPNESS POINT 9U ORONO rV 55391 38 17-117-23 23 0011 PROP ACOR 01929 FAGEPNESS POIN'i RD C:.:tER NAME LLOYD DRAPER TA' -PAVER LLCYD H DRAPER NAME/ADDR 6015 GIRARD AVE SO MPLS rA 55419 38 17-117-23 23 0016 PPOP AUOR 01926 FAGEPNESS PINT RD C','!�EP NAME K t J DAHLEN TAXPAYER KENT G OAHLEN 1:AME/ACDR 1926 FAGERNESS POINT RD OPONO MN 55391 38 17-117-23 23 0021 PPOP ADOR 01849 FAGERNESS POINT RD C:aER NAME L t M KARPINEN TAXPAYER LAURI M KARPINEN t1AME/t0OR 1840 FAGERNESS POINT RD S CllUr4U M11 55391 38 17-117-23 23 0031 PPOP ADOR 01920 FAGERNESS P0I14T RD C�.TiER NAME BRUCE A CAMILLE CURTISS TFYPAYER BRUCE A CAMILLE CURTISS NAME/ADDR 1920 FAGEPNESS POINT RD CRCl10 MN 55391 NENtlEPIN COUNTY PRanPTY INFC'rMATIGN SYSTEM FFOPERTY Cl.'NEPS LIST 38 17-117-23 23 ,OU6 01720 COf CO9gIA S'F JOIN E WEIST ETAL JOHN E WEIST 19:0 COt1CCRDTA AVE WAYZATA t'.:1 55391 38 17-117-23 23 0009 01913 FAGEPNESS POINT RD DAVID L SLAVIK A WIFE DAVID L SLAVIK 1913 FAGEPNESS PT RD WAYZATA MH 55391 38 17-117-23 23 0012 01937 FAGEPNESS POINT RD W L KLITZ E t 8 J KLITZVFE WILLIAM A BETTY K'ITZK.E AID THCrtAS It JILL K.LIiZ: E 1937 FACEPNESS POINT RD WAYZATA MN 55391 38 17-117-23 23 0017 01940 CC!,COPOIA ST L C SHAW ETAL LAI.^ENCE C EHAW 1940 COt7CORDIA OR01:0 MN 55391 38 17-117-23 23 0022 01890 CONCORDIA ST PC;ER COCK ETAL C;.POL COCK 18;0 CONCORDIA ST WAYZATA rN 55391 38 18-117-23 14 0001 01695 CC!:CC911I P V OEPGCREtI ETA PAUL V DERCGREN 1895 CO!.0070IA WAYZATA r^J 55391 REPORT NO. PI41S%01 PAGE 11 38 17-117-23 23 0007 K P DRAPER ETAL LLOiO 4 DRAPER 6015 GIRARD AVE SO MPLS MN 55419 33 17-117-23 23 0010 01921 FAGEPNESS POINT RD O L PETEPSZ'l A E M PETEP`LN DA17PYL L PETEPtOtl 1S_l FAGEPNESS FJINT RD S C:gc!:o t1tl 55391 38 17-117-23 "3 0015 01932 FAGEPt::SS POINT RD CHARLES D WILLIAMS CtitRLES 0 WILLIAMS t 1L-'.O1 t:OPD AVE ELCOMIttGTCli MH SC437 38 17-117-23 23 0018 01945 FAGEPNESS POINT RD R t M NOLL RICHARD t MAPSHA tVOLL 1945 FAGERNESS POINT RD WAYZATA MI SS391 38 17-11-L3 23 0023 R A M NOLL PICHARO E NOLL 1-i.5 FAGERNESS POINT RD L:AIZATA MN 55391 3.8 18-117-23 14 0015 01935 CCNCOPOIA ST N A C BEPGLL14D NC MAN TEt*:ER BERGLUrD 1905 CONCORDIA ST WAYZATA 144 S5391 qw PUN DATE 68/13/86 EATCH Ci,'. PPCP AOCb TAMP. TOTAL BATCH NAME/"DR 004 00018 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OW4ERS LIST r >" NO. PI43S401 AGE 1' I CERTIFY tiAT THE FACTS PrPRESENTEO A— •r:a ACCURATE A►r'S TRIPE REPRES`_NTJ..—OM OF IµFOPHAT:ON AS :T APPEARS THIS OATf. Orr THt RECORDS Oa THE HEI. —13IN COUNTY DEPARTMENT c!� RTY T*XATIONr TO THE BEST GF 'tY Kt:C' :EDGE AND BE.IEF, DATf,�I!'f! I j` 7'� :r Plat of Sur4ei for Lloyd H. Draper of Lot 16, Fagerness Hennepin County, Minnesota I 1� O'' J "NOTE"_ j>e ,E jkj ►�, r O Dashed lines indicate required yard setbacks. PROPOSED RED CF ' r � I i t' \ :;AN� th �. L SITE PLAN smote plan is an �� in 'ication nf the roposed )ment is not Li....:nded Certificate of Survey: show the final ddsign. ` I hereby certify that this is a true and correct representation of a 9i1^+dy of thu boundaries of Lot 168 Fagerness. It d-e. rot pur- port to r.how improvements or encroachments.other than the Edge 04' a,. t;xlsting F' Licktop road. Scale: ' = 40, Cordon R. Coffin Date 6-77 Land Surveyor and Plantar 0 : Iron mark6r Long Lake, Miruweota Plat of Survey �I ' for Lloyd H. Draper of Lot 199 Fagernese Hennepin County) Minnesota '3 Certificate of Survey: I hereby certify that this is a true and cor- rect representation of a survey of the boundaries of Lot 19, ragerness. It does not purport to show improve- ments and encroachments. -equired yard setbacks. CGKVTAL SITE in 4!{ This site plan sn i-licatation of , e .ropused development but is not intended to show the final design. Scale: 1" = 401 Gordon R. Coffin Aog. No. 9W4 Date : 9-6-77 Land Surveyor and Planner 0 : Iron marker Long Lake, Minnesota VILLAGE OF MONO Regular Mooting of the Planning Commission, June 7, 1971 Tito Planning Commission mot on the above date with the following members present: Chairman Poisson, Butler, Elliott, G4sch, Herfurth, Kulilemeier, Kullberg, Nicholls, and Southworth. Absent: Dongosko. Herman Vanderborght represented himself on a division of 2.90 acres from an 11.92 acre parcel, Parcel 3560, Sectien 31. Ile explained ho was soiling all his property brat the 2.90 acre parcel which contained his residence; also, that one man was buying all the provions parcels divided off including the remainder after this division. t;her_ the r.^:ter of the extra R' ,along Chippcwa Lane cana up, lie stilted he would oit:i,,r dedicate the 8' or give an cusement the- . Kullborg moved, £out..., h seconded, to reco::~,nd approval of t,.,: division. 'lotion, /ayes (9) - Nuys (0). Lloyd Draper represented hir:,;clf in a lot siza and frontage variance oa Lots 16 end 19. Fagorness, explaining that althouel, trio lots were ccntiruous, t' did not lend thcnIselves to a good co-muination a:; they fronted on different streets. His plan; were to build now ho= :!s on both lots and when questioned said they would be for sale. In view of t:,e c5sussMonts on both lots an,' the new uesessr..ent coning for water an,. &hat sory cc vas avai ctble to both lots, Yuhlemeior moved, Nic;,,olls scconf c:l, thnt opprcval bo rccc;--enc.cd, but all setback requirements for construction could have to be met. 'lotion, Ayes (9) - Nays (1)). Attorney Rob,:rt liorrfman represv-r.cod tiro OPpositioll to a prc, osed street vacation Of the cad b' of hest Point [;;,;rcl by presorting a Petition of 1% s+t: atures protceiting tho vocation, rind statir.g thr.t c=i; clo:;ing of the above would bring a property-valsio depreciatiea es th-i bench wr,s cn crcnity to their property. Albert Scnd also ,poke along tho steno line::. Kuhlcr.,cier moved, Elliott soec- .ccl, thnt a recorrm,indation be made thAt tho status of the nccess remain unchanged. 'lotion, O.yes (9) - Nnys (0) . 7: 30 ( .'I. DIVISION Chippewa Lane BI II LDAD LE LOTS Fagcrness Point MEET VACATION Rest Point Pond TO: Ralph Martin FROM: Mike Scheller DATE: May 27, 1971 SUBJECT: Variance - Lloyd Draper - 1929 Fagerness Point Road Lloyd Draper nas applied for a variance on lot size and frontage on property ocnicd by him, legally described as Lots 16 and 19, Fagerness. 71:e lot sizes are 75' X 185' on Lot 19, 13,875 square feet and approxizatci; 115' X 140' on Lot 16, 16,100 squar^ feet. There was a mouse on Lot 19 that burned out in 197U after an explosion ill 1968. Both lots arc serviced by seti:!r, one fron Fagerness and one from Wcbb Street. The area will also L serviced by 'water. t,._. Draper contends that assessnerts would be high on a combination si:cc tho co;abination u-iuld make this a 'hrough lot with frontage on two strc;,,:: and tI.at the combination would naive an awkward lot. He wishes to build a house on ach lot. NO Da ihio is in one—hr.if acre coning (21,600 sq. ft)l Tho Plannir. ; c-W=icoion reco=ondo approval sub joet to L30tin3 all aotbrek roquir(!aonto. llnlph Curtin 6/11/71 For gf'i'icial lj:,i Only Village of Orono . Zoning Varinnco Application Faso No. Directions to pp ican— a. Fill out this form in duplicate by typing or printing in ink. If the spacos provided are insufficient, use additional shoots, koying information to the proper itcm nunbor. b. Attach all supplementary material by papc; clip. c. File duplicate applications and filin,3 foo (T c) with Zoning Administrator. f- s.-io of Owner: Laat—�pirot Iddllo Addrl- a o ✓Uwncr: llo. Ed t t.,,'- ' City' an Zero iiono t-� Q 5f ✓mil �'� �� ' `�'� l �. trect dcu o%—� ` I 4. o;;a oacript cj oi' roporty Involvcc't: 1 G 40 5. Does thla property border o or l a part a ly witHin an adjoining municipality? % lt'? 6. PrcL nt Uao. 1. 'rc,:o: Uco: 13. Dato Proporty Acq uIrod : 7— Ct V, Prosiont Loring Di3trict: 0. Wi larco is roquoatod i'rc.-a t}ior followin3 aoctiono of tl.o Zonin3 Ordiranco: . � r 1 1 . + W&t orrt the roqu71r7riont3of the It+,,n 10? 12. State exactly what is intovidod to be dono on or with do property which does r,ot conform wi.h oxistinG roGulationo: C"- • Lai Z1< L 0 .7 Has on application for zonin,*, variance on tuo aa,ac property boon acted upon by tho VillaGo Council within the last six months? If so, stato tho date of the VillaSo Council'a action. :OTE: Tho law requiros that 'the conceit iGn^ apt forth lu tho followin- throo itc-:o 1l!_, 15, and 16 iibST be established bofo.00 a varianco can ro Granted. £-:plain in dotail after each otatcncat whoroin your taao conforms to the roquirc:.ento. 14. Di 'Yictiltf.c+a of. Hardriii>> to Uwne: r. Strict cpplicat•ion of Llio provicorya of the ���.�iiL; Ordinenco would rosul t in peculiar and practical difficultios or oxcoptional or unduo hardship upon tho owner of tho lot in dovolopina or usin3 such lot in a r:annor cuctc.•,a: y cnd leGally porri:isaiblo within tho zoning diotrict in %,hich said lot is locatod. Gra• ir� of tho varienco is nocossary for tho procorvation and of a cubstantial property ri-ht of the appli- k,d�c_: :nt and to alloviato d_onotrcblo har4chip or difficulty and will not moroly ocrvo ns a convonionco to tho applicant. Explain in detail. Art 7.) xco onal Conditioiis of tho Lot: `lhoro are E,,4rial condi- tions nurrownoaa, s allownoss or shape of a lot, excopticnal topographic or wator condit{one o. other extraordinary anj ex^optional conditions of such lot) ap-lying to the utructuros or land in question that are peculiar to the property involved or izmediatoly adjoining proporty and do not apply generally to other land or structures in the district in which said land is located. Explain in detail. . t-A it,C Cc (t fig fl. ) �.:.- :'r, on Loi f•ahflrhood ard- Cc`inrcaonaivo Plan: (,-,LIit;iiV, thJ vorianco wifl F—iXU�air an aduqua •o oupply of liGbt and air to adjacont proporty, unroaconably incroo3o tho congontion. in the public streets, in.roaoo the darC.or of fire, ondang(r tho public safoty, unroa.,nably diminish or inpair stat:iehod property valuoo in the Lt-rroundin3 aroa, or in any other gray impair health, cafoty, co: fort, roraio, or in any ot)ior racooct be contrary to tho Intont of tho Zonin3 Ordinance and any applicablo ccmpr,,honcivo plan. Explain in detail. 010* 1'ho following matoriul must be attached to this application. 17. A map or plat showing the property affected and all lands within 150 foot of tho boundarioo of the property affoctod by proposed change. (_copies) 18. An abstractors certified property certificate listing the nano and addrossas of the ovmors of the land within 150 feet of the bour_darios of the affected property as thoso names appoar on the records of tho County Auditor of Honnopin County. ;y �c.;�- �7[?1.pr)� .ont and Si rnnturo : 7ho undorsiGnod h-roby rcpro- oontd-u- on all oY tho ponnff-fos of law, for t'. nurposo of inducinG the Village of Orono to tcl;e the ncu heroin roquostod, that all statemonts heroin are tr 1 that all worst Heroin mentionod will bo done in accord: �o with the ordinancoo of the Villago of Orono and the laws of the State of iiinn000ta. iiuto �ibnjtuvu (3h i i� la1 0.: �ontu Orly: TO: Administrator FROM: Inspector DATE: November 5, 1970 SUBJECT: Mobile Horne Permit - Lloyd Draper - 1929 Fagerness Point Road Lloyd Draper, owner of Lot 19, Parcel 4000, Fagerness, 1929 Fagerness Point Road, is applying for a permit to place a mobile home on this property under terms of Section 28 of the Municipal Code. He also owns Lot 16, Fagerness,which abuts on Lot 19. He has a house on Lot 19, which he was ordered to remove by the court ender th? hazardous building act. He now plans to remove this building and build two houses, one on Lot 19, where the present house is and one in Lot 16. Neither lot Ccets the ROD zoning in size and only one on frontage; therefor, he is also applying for a valiance so he can construct on these two lots. There is sewer service for bot4 lots. The lots, the way they lie, do not complement each other and one fronts on one street and one the other. Note: We 3o not have his formal au licntion for the vurienee in building lot cizo . He would like to have the PoblLe Hone on the two lots for an extendcc eriod of time, i.e. 90 day© on one lot and 90 aayo on the other lot. Ralph Martin 11/6/70 AFF"WAT13:3 FA:� AND CERTIFICATE OF OCCUPANCY "11AIit OF ORONO, MINNESOTA SPACES NUM11110 1 /NRU Ij MUST t! Flo LID IN SE►Od11 t[FM11 is ISSUED I/l•iN Prier of T 1 �i�UDid93 Masao- 2 A'! !. [lOAI FIAT NUMS91 4. i. Ty" of Wpllc lei, t�s jCrnP S j •ARCIL NuM/ER wl r (Address) U1 Addr•rr1 al Ni 1 NSW CONSTtUC110N 0 AI191ATIONS (3 ADDITION Q IIINISN Amc G FINON EAfEAAfM (3 PORCH O GARA61 ►7 4I11001 0 21SID1 O MIX S. Sir! OF STRUCTUIR 1 t NO. Or STO. S 10 ISTIMA110 COST (rt•;L ,11 Width) lOgMd 11. COM►ttT1pN OATS 17. ►f0►itfY OIMINSK>NS 17 NO 01 •AM1/11S (11 Aploo") 1 ' WIDT + DEPTH 11. TYPE Of CG, :I. JN P[1Tf 14 tO1 AREA 11018 IAMIST I SO. Ft to rt 11. /Ra:Yt BARD Is HAN TARO it Slot YARDS IT' } FT 1U FT IT) IT If 11 .7l 3i1. /1liOR ARtA A/PORTIO/dMtM __ b.L AREA - --r - r — ---. to. FT x_11 h_ _MI T$ � r'� ► O o �ilt f a. � _ - .1,>41 � t ttaD n I E-/ AcaltOATe«ooR AlrAso p d AC:KN;0W1,F13G%fl7NT AND SIGNATI:RIs: The undercipcd hcrcM• rcprc;cntT lipnn► all of file prnaltim col law, k►r f1w p,ITlKr.c of inducing the Ord/arc Uf 01""10 tr, titc the attic. time herein rcrjaected, thit it 't,tcmeuts herein are Inle and that al, t1 ek herein rncntioued %ill be d(inc u► GHill(c a die N►c l.rrlinalu c of the V.11.li e ref Orolif'. the Stitc (If Minrr.Nnt.r, r Sul ruhntz let 111c Itn►1fiN1j Ikwolla•nt. If Flow? pt PLAN !HICK I 01"AtTr pit TOTAL oil. la A ei 10NIN"i DISI814cr fill 17N! ArARIGATt 11002 AREA 11001 AREA RATio O/IbTR111 1ARKN10 MACES Rio. SPACES ON VUMtt1 REQ. NUHIttR IfOwlptO.__ �__ SIZE Of 1ACN 16U4811 OP OCCUMr-ri OR wm OCCUPANTlr_____ 1"ImAt 10" WWI" APP1rCA"cii" SON ta" O nt** LOOS O VIAMS A SPECS O INS,_ _ SUtt►E11 O cO/lE4 MQMjSq "Aft FOUTAA"m ` IN EEIATION TO cues 011 Coo" OF M RSit, rehli11CA11 Of OCCVIA PURPOSE OF BUILD140 OWN[R L �c L/ J -/r M - MILDER ADDRESS I (ADDP PHom NO. ' t1 IE r� PNOh Sec. No. Po I No. Lot —Mack �-�-� / < _ LAND DESCRIPTION GUILDIN6 LOCATION Size of lot Die. From k•,.,=d Land Sq. Ft. Die. Sides Elevation Dis. dock Drainage CONI;TRUCTION Frame Erick, Solid Stucco Crick Veneer Stone Cement Clock FOOTINGS Depth least Depth Width Below Grade FOUNDATION • Construction Size Ground Drainage Floor Bearing Posts S:ze 5pacii Boamt Size Span NO. OF FIREPLACES tJo. Type found --ion Height Above Roof Smele Pip"istance From Joists FLOO23 Sub Flooring Joists L zo Span Spacing Cri0q*'-i,I Gearing STU-Ual as RAFIL:3S CEILINO JOI;TS Size Size Size Spa'.ing jpacing Spccing Plates Span Longest Span Grac'ng E as Basement — No. Site Stairv.•cy let Floor — t Sol* Stairwc•- ItlSUUt+110N - :.,.Il:r.d Y.at!s ADDRESS _ SEWER CONTRACIOR .. _-- PERMIT N° 2 3 3 7 — Ac itlion or !;,4, livision VENTILATION AND PON' Percentage of Floor Area r. Percentage of light to';aor r LINTELS Size L• ration WELL TYPE — Construction Lacotion SEPTIC TAIVi.a OR A1LINICIPAL HOOKUP C] Size Distance Fron. Well Construction D4AINFICLD Depth Distance From Well Width D;sto-ca from Lot Lines lcnoth FLUTAL;:NG NXTU::ZS GarbaSe D;spr+sal Dish .Washer Sinks Shower L-sundry Toilet Coth Tub Lavatory Date Bldg.: O plumb. >1 _ so W"e f Site Exominotion S.__. Well = __. Tc`n) V,TAL Appre+r:.d______. OWNS OS aenro+ _ .0 If I Z y 1 on 0) r N L� 0 v► x v, i N / N '4 cn W on sop � l a /4v c5) MH 210 05) J3 1►5 -o 1 FENCE CORN 1' x (4) 24225 ZONING FILE NO. 1155 6 1156 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 6/17 b7 -------------•--------------------------------------------------------------- TO: Lloyd Draper COPIES TO: Resitek, Inc. 6015 Girard Avenue South John E. Blumentritt Minneapolis, MN 55419-2136 1229 Adams Street NE Minneapolis, MN 55413 TYPE OF APPLICATION: XX Variance ----------------------------------------------------------- DATE OF MEETING: 6/15/87 VOTE: 4 For 2 Against Planning Commission reco�ends the following: XX Denial for reasons noted below NOTES AND SPECIAL CONDITIONS: Planning Commission recommended denial of lot area variances for each of the two lots, finding that those lots if combined will substantially meet the zoning code lot area requirements for a single building site without the need for lot area variances, and finding that these lots are relatively small compared to the immediate neighborhood. This item will be presented to the City Council on Mor_day, July 13, 1987. Staff does not anticipate changing the staff recommendation, and will still support approval based on the idea that approval would be consistent with prior approvals in similar cases. Additional information is requested, as follows: Please provide a certified copy of the lake access easement document that grants lake access over the northeasterly 6' of 1932 Fagerness Point Road. It is staff's recommendation that if that easement is still in effect, it must be extinguished (invalidated) as a condition of variance approval. Applicant's next scheduled meeting is confirmed as: City Council July 13, 1987; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. • MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 15, 1987 #1155/11156 LLOYD DRAPER 3955 MEBB STREET/1929 FAGBRNESS POINT ROAD VARIANCES PUBLIC HEARING 10:15-10:33 The Affidavit of Publication and Certificate of Mailing was noted. Lloyd Draper and his Architect, John Blumentritt of Resitek Inc. were present for this matter. Assistant Zoning Administrator Gaffran explained the request reviewed the variance requests as follows: #1155 - 3955 Webb Street (Lot 16)- Lot area variance to construct a residence on substandard vacant lot. Lot Area - Existing 0.37 ac/16,100 s.f. Required 0.50 acra Variance 0.13 ac or 26% #1156 - 1929 Fagerness Point Road (Lot 19)- Lot area and lot width variances to construct residence on a vacant lot (this lot contained residence until about 1970). Lot Area - Existing 0.32 ac/13,875 s.f. Required 0.50 acre Variance 0.18 ac or36% Lot Width - Existing 77' Required 100' a a a Variance 23' or 23% Each lot contains a sewer stun and water connection and each has been assessed for footage. Only one sewer unit charge was previously assessed. These lots were each granted variances in 1971 but houses were never constructed. The lots have never been combined and are separate for tax purposes. John Weist, 1920 Concordia, feels the lots are too substandard noting that this is a half acre zone and the lots are not even 4/5's of the required area. He noted his lot is 112 acre. Dave Slavik, 1913 Fagerness Point Road, agreed with Mr. Weist. He noted his lot is approximately 3/4 acre. Elaine Peterson, 19?1 Fagerness Point Road, agreed that the lots were too small. ?aul Berggren, 1895 Concordia, suggested that the two lots be combined to accomodate one house. Assistant Zc:rina Administrator Gaffron reviewed the lot size comparison on Fagerness Point Road and Concordia Streets and the LR-lC lot area variance actions from 1980 to 1987. 14 MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 15, 1987 #1155/11156 DRAPER CONTINUED John Blumentritt stated these lots have always been intended as two building lots noting the two paid sewer and wat,r units. He noted the that the proposed footprint design of houses meet all the required setbacks and did not feel that these structures would be an offensive addition to the neighborhood. Because of awkward shapes of the two lots combined, it would be difficult to make one site flow into another site as a well organized building site. Mr. Slavik noted that t,ie properties have not been maintained by the owner for many years. Mr. Blumentritt stated that they recognize that there have been problems and hope to correct the situation. rpnny Williams, 1932 Fagerness Point Road, asked if tnese lots had any lakeshore rights? Assistant Zoning Administrator Gaffron stated that the City d(,es not recognize any lakeshore rights that these lots would have. Mr. Draper stated that there is a 6' easement on the certificate of title for both of the lots across the Fagerness Point on part of Lot 27, which allows him to have a dock. There were no other comments from the public and the public hearing was closed. Johnson asked applicant what prevented him from building in 1971? Mr. Draper stated that the builder died of a heart attack. Bellows felt that the lots were too substandard ncting the hardcover shown does not include any decks, garages, driveway, etc. It was moved by Chairman Kelley, seconded by Bellows, recommended denial of the lot area variances in Applications 01155 6 11156. Motion, Ayes 4, Nays 2. Cohen voted nay stating he agreed that the configuration of the two lots combined precludes a buildinq site. Brown voted nay noting that as long as the house meets the setbacks aod hardcover limit it is acceptable and noted the issue of long time ownership. 15 F•..W DATE 08/13/86 HENNEPIN COUNTY PROPERTY IttFORMATION SYSTEM REPORT NO. PI435401 PROPERTY OtAtEPS LIST PAGE 11 SATCH J04 :=OP ADOR 38 17-117-23 23 0002 01885 CQlxGRDIA ST 38 17-117- -3 0006 C1920 CON'_L"CIA ST 38 17-117-23 23 0007 I C Jk ' OTAtE11 NAME J R "YE A P K. WAYE ^ v JC:1t1 E WEIST ETAL ., L' K P DRAPER ETAL TAY.PAYrP JA.N R A PHYLLIS K WAYE „ JGHN E WEIST 7 LLOYD H DRAPER p O tuME/ADOR 18..5 COI.CCPOIA ST 19-20 CONCOROIA AVE l � 60I5 GIRARD AVE SO ' C"40 m 5539! WAYZATA MN 55391 MPLS t1:1 55419 �C PROP ADM 18 17-117-23 23 COOS 01905 FAGEPNESS POINT RD 38 17-117-23 'S 0009 O1913 FAGEPNESS POINT 70 ` 30 17-117-113 23 0010 1 01921 FAGEFNE2; POINT RD "'.':ER NAME RUSSELL DEAN HAGEN ETAL /' DAVID L SLAVIK A WIFE �� D L PETERSO!1 A E M PETERSCN TAXPAYER1ICMARO B COthESS ' ^ DAVID L SLAVIV � DARRYL L PETERSON t4-.'"E/AOOA 19:5 FAGEPNESS POINT RD 191i FAGEPNESS PT RD ` 19Z1 FAGERNESS POINT RI1 S OS'ONO MU SS391 U :.AYZATA MN 55391 ORO14O MN 55391 38 17-117-23 23 0011 38 17-117-23 23 0012 38 17-117-23 23 0015�1 A'R^P ADCP 01929 FAGERNESS POINT PO 01937 FAGEPNESS POINT RD 1�Y 01932 FAGERNESS POINT RD L J Nu E = tFR LIOr^ DRAPER lLOrO H CRApER RC y W L KLITZKE I B J h:LITZt<E WILLIAM A BETTY KLITZKE AND Y\ r CHaRLE3 0 WILLIAMS n CHtRLES , 0 WILLIAMS -fF '77P tOIS GIPAP3 AVE SO ? TV"AS A JILL KLITZ:<E IC101 t:6"'D AVE nPlS t"t 55419 ��r 1937 FAGERNESS POINT RD BLOOMINGTON MN 55437 ' WAYZATA MN 55391 V 33 17-117-23 23 0016 38 17-11--23 -3 0017 G^OP AC'1R 019E' FACERNESS POINT RD L 01,40 C:ttCORD1A ST t•.ER NAME F A J OAHLEN \ L C SHIW ETAL CSTEA KLNT G GAHLEN �`� LAV-71::E C SHfW C� L N,t"F/'AGOR 1926 FAGEPNESS POINT RD �� 1940 CC.':CRDIA OPONO K4 SS391 ORONO MN 55391 38 17-117-23 23 COZ1 �r` 38 17-117-23 :3 0022 PQOP AODR 01849 FAGERNESS POINT RD O 01890 COIJCORDIA ST c::':ER NAME L A M KARPINEN � RC3ER COCK ETAL /� 9 TA -PATER LAURI M KARPIN'N CAROL COOM elt� NAr.EIAODR 1849 FAGERNESS POINT RD S �• 1890 CONCORDIA ST OROHO MN 55391 WAYZATA MN 55391 38 17-117-23 23 C031 G 38 18-117-23 14 0001 PROP AD?R 01920 FAGERNESS POINT RD 0:895 CCt1CORDIA ST r %•'DER NAME CRUCE A CAMILLE CURTISS .� P V BERGGREN ETAL YA-:ATER ERUCE A CAMILLE CURTISS (,� O, PAUL V DERGf;PEN I NtnE/ADOR 14:0 FAGEPNESS POINT RD r Q 1395 COtlCOROIA ORONO MN 55391 ��_ WAYZATA MN 55371 '_3 17-117-ZI 23 00115 01945 FAGERNESS POINT RR n R A M NOLL L A MARSHA NOLL 1945 FAGERNESS POINT RD WAYZATA MN 55391 I V 38 17-117-23 23 0028 O` R A M NOLL RICHARD E NOLL IQ45 FAGERNESS POINT RO WAYZATA MN 55391 —, 1 � 38 18-117-23 14 0015 �� 01905 LONrOROIA ST (� N A C BERGLUtM - -/ NCF'1AN TENNER BERGLUttD t 1905 CONCO:OIA ST WAYZATA MN 55391 n 30 %boo to '1 t,. o w i %;o •i : A 11 LA ,.AAPLgGATE. p �. 2 27 1 'I� ' I� ' i r,I •� `y v / C rlLl rlil 10 t • � .�,� - 24 1,AgE 1 '.v,3 t• . a ..R. of" MINN raroNXIA -. `w Est ARMI 23 To: Mayor Grabek & Orono Council Membei& ° % i ,r 4� 1t City Administrator Bernhardson Prom: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: July 6, 1987 Subject: 01157 Walter F. Krake, 1380 Rest Point Road - Variance - Resolution List of Exhibits Exhibit A - Revised Proposal For 38.8% 75-250' Hardcover Exhibit B - Neighbor Acknowledgement Forms Exhibit C - Planning Commission Minutes of 6/15/87 Exhibit D - Planning Commission Action Notice of 6/17/87 Exhibit E - Front Elevation of House and Proposed Addition Exhibit F - Memo & Exhibits of 6/12/87 Discussion - Please review the memo and exhibits of 6/1,/87. This is a proposal to add a garage and family room that will result in an increase in 75-2501 hardcover, plus minor average lakeshore setback and street setback encroachments. Applicant originally proposed a 30'x50' addition, a 18'xl2' backup apron, a 27'x12' parking area, and a 3'xl37' sidewalk, in addition to the 30'x27' driveway in front of the garage, this would have resulted in an increase from 32.6% to 48.6% in the 75-250' zone. At the Planning Commission meeting applicant was advised to decrease his proposal. He then proposed to delete the sidewalk, backup apron, and ex"-raneous parking area, for a final total of 38.8% *.1 the 75-250' zone (see Exhibit A). Planning Commission was split 3-3 on the 38.8% proposal, and sent this on to the Council with a split recommendation. Staff his Teviewed previous hardcover applications/approvals for other properties in the Rest Point nei(yhborhood. Since 1975 there have been 8 variance applications besides �rake's, but only 2 of these involved hardcover ; Lr- 1961, variances to allow remodeling of a residence at 1416 Rest Point Road (at the peninsula), all of which was in the 0-75' zone, was allowed 14* hardcover in the 0-751; in 1982, variances to add hardcover to 1398 Rest Point Road, which was already at 52% in the 75-250' zone, were not granted. No other hardcover calculations for neighboring properties are on file. Staff Recos ndation - Given the applicart's reduction of the proposed hardcover increase to about 6% rather than the 16% increase originally proposed, and qiven the need for a garage on the property, and given the location and size of the existing house on the property, staff has drafted a resolution for approval of the variances for 75-250' hardcover, average Lakeshore setback encroachment, and street setback. Approval of hardcover in the 75-250' zone of less than 40• is consistent with previous approvals on lakeshc,re properties. (City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 i 2 AND SECTION 10.24, SUBDIVISION 5 (B) FILE 11157 WHEREAS, Walter F. Krake (hereinafter "the applicant") is the owner of the property located at 1380 Rest Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 6 and the Westerly 40 feet of Lot 7, Subdivision of Lot 14, Rest Point Park, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the applicant has applied to tt,s City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) and Section 10.22, Subdivisions 1 and 2 to per.ait the construction cf a room and attached garage addition which will result in 38.8% )-.ardcover in the 75-250' lakeshore setback zone where only 25% hardcover is normally allowed, and resulting in a street setback of 28' where a 35' street setback is normally required, and resulting in an encroachment of 4' into the average lakeshore setback zone where no encroachment is normally allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as :'oninq File 41157. 2. The property is Iocate3 ir. the I.R-I.R Single FarriIy Lakeshorc. Residential Zoning District. 3. The Orono Planning Commission reviewed this application on June 15, 1987, and upon applicant's revision of the hardcover proposal from 48.6% down to ;8.8%, votes? 3-3 on a motion to recommend approval of 38.8% hardcover and the street setback and aver,%a ikeshore setback variances as proposed. 4. The encroachment of 4' into the average lakesnore setback zone will result in a 3 degree view reduccion to the property to the east. However, due to the existing topography, screening, and proposed privacy fence, the 4' encroachment has little or no effect on the lake views enjoyed by the neighboring properties. S. The street setback of 28' where 35' is required, results from the extention of the existing front line of the house which is already 26.4' from the street. This setback will still allow for auto backup and parking area within the property boundaries. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6. Applicant has revised his proposal downward from the 48.6P 75-250' hardcover originally proposed to the 38.8% level. 7. The City Council has considered :his application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the pr,ipose3 variance on the heath, safety and welfare of the community. 8. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demo.-.- strable hardship or difficulty; is necessary to preserve a ..u�)stantial 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, ORDPR AND CONDITIONS Based upon the above findings, the Orono City Council hercly grants a variance to Municipal 'honing Code Section 10.22, Subdivision 2 to allow construction of a room and attached garage addition that will increase hardcover in the 75-250' lakeshore setback zone to 38.8% where only 252 hardcover is normally al lowed, and a variance to Section 10.22, Subdivision 1 to allow an encroachment of 4' into the average lakeshore setback zone whore no encroachment is normally allowed, and a variance to Section 10.24, Subdivision 5 (B) to permit a setback of 28' from the street lot line where a 35' street setback is required, subject to the following conditions: 1. Prior to construction of the proposed additions, applicant shall remove the existing 121x20' garage. 2. Prior to final inspection of the additions, applicant shall remove areas of existing driveway gravel along the northeast property corner and this shall revert to grassed area. 3. Final allowed hardcover on the property shall he as follows in the 75-250' zone: ticuse/Garage/Porch/Etc . Parking/Driveway Landscape Areas 2,813 R. f . 610 a.f. 100 R.f. 1,741 s.f. or 18.80 (Per Exhibit A at.tachl-0 ) Page 2 of 4 City of OH,ONO� RESOLUTION OF THE CITY COUNCIL me 4. Applicant is advised that any future proposals to increase hard- cover will not be approved, but might be approved only with concurrent removals of existing hardcover so that there is no resultant net increase in hardcover. 5. Applicant is advised that the existing storage building near the lakeshore is a non -conforming structure and is subject to the ordinances pertaining to such structures. 6. Authorities granted with this resolution run with property not with the applicants, but are permissive only and must exercised by application for a building permit within one year of thi date of Council approval, or this variance will expire on that date (July 13, 1988). 7. Violation of c~ non-compliance with any of the terms anri conditions of this resolution shall constitute a v4olation of th" zoning code, shall automatically terminate ary authority granted here-.n, and shall be punishable as a misdemeanor. 8. The undersigned applicants have read, understood and hereby agrees to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recordi. g of this resolution in they chain of title of the property. Adopted by the Orono City Council on this 13th day of July, 1987. ATTEST: Dorothy M. Hallin, City Clerk James P. Grabek, Mayor Property Owncr (s ) Page 3 ct 4 MRSAV f W I - POINT CS W...- 100.00 ,.__. W55 ' ! I�RIvE c✓Ay 2.7' SO t oV�G Roo v.9 FA M IL Y De-c.k o o �► F— 30 fit — Ict rt4 '1 3% 64 0 %0 talom 0 Adjacent Property Owners' Acknowledgement Fora [print name(s) print address have reviewed the plans for the proposed improvement or proposed use of the property located at Application No. also referred to as Land Use I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Date Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building s Zoning Office at least 10 days prior to the scheduled meeting date. 7� n Adjacent Property owners' Acknowledgement Fora I (we) CryW4%F— VTf-itr- SMITH of ksbfo WST PT. PC) . Z pint name(s)] print address] have reviewed the plans for the proposed improvement or proposed use of the property located at V580 KS-t K. M, also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building 6 Zoning Office at least 10 days prior to the scheduled meeting date. MINUTES OF THE PLANNING COMMISSION MEETING HELD ..TUNE 15, 1987 ,1157 HALTER P. RRARE, JR. 1380 REST POINT ROAD VARIANCES PUBLIC HEARING 10:38-10:44 The Affidavit of Publication and Certificate of Mailing was noted. Mr. i Mrs. Walter Krake were present for this matter. Assistant Zoning Administrator Gaffron explained the request for hardcover, street setback, and average setback variances to construct an addition and attached garage as follows: Hardcover 75-250' - Existing = 32.6• - Proposed - 48 6% Average setback. encroachment - Proposed 4' Street setback - Required = 35' - Existing - 26.4' - Proposed = 28' Staff recommends approval of street setback, average setback and hardcover variances subject to a revision of the proposal to not exceed 40% in the 75-250' zone; and advise applicant that the existing shed near the lake is a non -conforming structure subject to the pertinent ordinances. There were no comments from the public regarding this matter and the public hearing was closed. Chairman Kelley felt that the plan was too ambitious and suggested developing a plan with a 2-car garage and 2- story addition (as opposed to the 3-car garage and 1- story addition as proposed). Bellows also felt the plan was overly ambitious for the neighborhood. Planning Commission unanimously recommended a reduction in the proposed hardcover. Mr. Krake felt that the turn -around was necessary for pedestrian safety due to the natural obstruction and hill. Assistant Zoning ?administrator Gaffron noted that Rest Point Road has a low traffic level, therefore the turn- around may not be necessary. He also noted that the neighboring properties most likely have similar hardcover levels as proposed by applicant. Bellows noted that she would not base her recommenriat ion upon the hardcover of neighboring properties. 16 MINUTES OF THE pLANNING CONKISSION HRE'*TNG HELD JUNE 15, 1967 I1157 RRARE CONTINUED After considerable discussion of alternatives, it was moved by Chairman Kelley, seconded Ly Bellows, to table the application for an alternative plan reducing the hardcover. Motion, Ayes 5, Nays 1. Pldnning Commission reopened this application at the end of the meeting to give applicant the opportunity to submit a revised plan. Mr. Krake proposed to eliminate the turn -around, off- street parking, and the sidewalk which would reduce the proposed hardcover to 38.8%. Chairman Kelley felt that the turn -around was necessary. It was moved by Brown, seconded by Johnson, to recommend approval with a hardcover limit of 38.8% i.e. exclusion of sidewalk, turn -around, and parking area from original proposal. Motion, Ayes 3, Nays 3. #1160 WILLARD L. BURY 2695 CASCO POINT ROAD VARIANCE PUBLIC HEARING 11:04-11:25 The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron reviewed the history of the properties ownership and development and hardcover previously approved. Mr. Bury purchased the unfinished structure in 1986 and proceeded to finish the construction, with the stupulation through a developers agreement that the driveway would be reduced in hardcover by installing two - 24" wide pads rather than a 10' driveway, in exchange for added hardcover in a deck, entryway, sidewalk, and back-up Ppron. Mr. Bury is now requesting a variance for hardcover to allow the full width pavement, the hardship being steep slope, poor winter traction and problems with winter maintenance, and the need to enter Casco Point Road moving forward due to poor sight distance. Willard Bury was present for this matter and noted a disagreement in hardcover where 432 s.f. of gravel waE; placed directly over the soil with no underlying plastic where staff previously advised him that this would not be considered hardcover. It was determined that this difference would reduce the existing hardcover to approximately 360. 17 ZONING FILE NO. 1157 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN `5323 473-7357 Date of Notice: 6-17-87 ------------------------- -------------------------------------------------- TO: Walter F. Krake COPIES TO: 1380 Rest Point Road Mound, MN 55364 TYPE OF APPLICATION: XX Variance ----------------------------------------------------------- DATE OF MEETING: 6-15-87 VOTE: 3 For 3 Against Planning Commission recom■iends the following: Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: Planning Commission motion was to approve proposed addition with a hardcover limit of 38.8 8, i.e. exclusion of sidewalk, turnaround, and parking area from original proposal. Because this received a split vote, it next will be reviewed by the City Council without a recommendation from the Planning Commission. If you wish to provide additional information, that information should be submitted by July 6 for the July 13 Council meeting. Applicant's next scheduled meeting is confirmed as: City Council July 13, 1987: meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. k r Li ; ;u �J TO: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson lrm: Michael P. Gaffron, Asst Planning & Zoning Administrator Dates June 12, 1987 Subjects 11157 Walter F. Krake, 1380 Rest Point Road - Variance - Public Hearing Zoning District - LR-lB, 1-acre, sewered Application - Hardcover, street setback variance to construct an addition and attached garage; slight average setback encroachment. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey - Existing Site Exhibit E - Survey - With Addition and Average Setback Line Exhibit F - Enlargement - Proposed Additions Exhibit G - Applicants Revised Hardcover $ Exhibit H - Staff Hardcover Calculations Existing - Sheet 1 Existing - Sheet 2 Exhibit I - House Plans Pertinent !acts - - Existing 75-250' hardcover = 32.6% - Proposed 752-50' hardcover = 48.6% - Average setback encroachment = 4' - Street setback required = 35' - Street setback existing = 26.4' - Street setback proposed = 28' - Street setback variance = 7' Discussion - Applicants propose to more than double the footprint of their existing house, resulting in an extreme increase in hardcover percent. The house and amenities existing on the site already exceed the 25% 75-250' hardcover limitation. Applicants have demonstrated no hardships although they feel the lot size is small, it is a typical lot and is 100' in width. Zoning File #1157 June 12, 1987 Page 2 of 2 I. The proposed variance to average lakeshore setback would not appear to be significant, the 4' encroachment results in only a 3 degree reduction in views from the Bloom residence next door, and there is already some screening in place with plans for a mutually agreeable fence, hence visually this proposal will have little effect on lake views. II. The variance for street setback results from the existing house being 26.4' from the lot line, and the addition is proposed to extend the front line of the house. The garage doors will be just a foot or so short of the required 30' setback from the street. Staff recommends approval. III. The hardcover variance appears to be extreme, and rarely has the City approved 48.6% hardcover in the 75-•25U' unless the lot is severely restricted. The driveways proposed here are very extensive. Staff suggests that the turn -around (216 s.f.) and parking area (324 s.f.) are unnecessary given the low traffic level on the road, and also suggest that their existence would tend to create a 60' wide access to the roadway - there is no apparent good reason for this. The elimination of the turn- around and parking area will leave 4,154 s.f. or 43% hardcover in the 75- 250' zone. In order to reduce this to under 40% as Planning Commission has recommended in recent similar cases, the proposed sidewalk could be reduced to 2' width and additional driveway width could be removed, as could portions of plastic/gravel rock beds. Staff Rece■ ndation - Staff recommends approval of street setback, average setback, and hardcover variances subject to a revision of the proposal to not exceed 40% (3,860 s.f.) in the 75-250' zone. Further, applicant is advised that the existing shed near the lake is a non -conforming structure subject to the pertinent ordinances. Ar- -, I 1 ' eL �s uate kec ' u . �... r,. FeeS'G, Receipt _ d ,;� Initials 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 3 c' 0 /R r-5 t t A L, ,Z Property Identification Number (P.I.D. ) 07 1/ 7 L 33 3 0 o v -L Please check one - Is the property _,_ abstract or torrens7 Attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Phone ( home ) 54 7 2 - =3 :3 S Z Name L, /I Iryelc Phone (work) t Address: /'3y C, firs 1 /'• n t i;�.../ City: r Zip: -S > J J(,! ------------- ------------------------------------------------------------- OMMM ( if different titan applicant) Phone ( home ) Name Phone (work) Address: City: zip:_ Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District Present Use of Property S '",/, `��,. �/�� ,<< t Residential Other (specify) ------------------------------------------------------------------_--------- DESCRIPTION OF RBQUEST Estimated Construction Cost $ 1-7 CO b Describe request in detail: c ---------------------------------- oc---------- -------------------------- VARIANCES REQUIRED Lot Area Lot Width _ Hardcover Setback variances ( X ? Front Side Rear) Other --------------------------------------------------------------------------- HARDSHIP Describe enf orceme . , 1.- undue hardship or practica nt of zon;nc� r gulations: difficulty resulting from strict. t_ 4�-Z. 1 c" ---------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual pro erty conditions preventing compliance with Zoning Code Re uirem nts: 'tom -------- 1'------------------------------------------------------------------ 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 ,)f 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. --------------------------------------------------------------------------- Certifieation by Zoning Department that Variance Application is complete. Zoning Official's Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information equired 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. Z-' , -- -) Applicant's Signature - .'� Date OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investiga- tion and verification of this request. / Owner's Signature " .�_Lti. ", X Date :7 = ' -------------------------------------------- ----------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission. Meetings are held on the third Monday of each month. Applicants rust be present at all scheduled review meetings of the Planning Commission and Council, and, if an applicant is unable to attend a scheduled meeting, to please make arrange- ments to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. i �• 4� ,k t\� �oM.ovu r p %�. . t GIs �\ 40 - ��`�ARo[MS .' (yc.l ti �'• 1�.1.] \ 14 1 2 LO,ovt Or ` .� : `"�1 c + 1,` MOO n PT, aO a �O _ . � phi • ,� ♦ 1 • . 14 V. c _. lot COVE 00 Sot X 4 � Point LO1• 14,19,19,2000d the alley. as - shown SUB'C OF LOT 14 REST "` �a l �`/; . :. �►' �t POINT PARK, have Caen vcco/eC I �.A l� �' c� �Q� I`� y• �p� Doc rr 7d&VI 2 r •• .e 1 .il t� IQ >/ \ !� Par I % N fly � �7 • . 23 :.� t v • r Nc Doc r, 4' 1"• (/2) , • I z y4 Qp -REST P T J �) 1112 • njx cc 1 RUN DATE 05/14/87 HENNEPIN COUNTY PROPERTY INFOkMATION SYSTEM REPORT NG. PI43S401 PROPERTY OWNERS LIST PAGE 18 BATCH 008 38 07-117-23 32 0001 PROP ADDR MIER NAME ROBERT A BEATRICA THARP TAXPAYER JAMES LANGHANS NAME/ADDR 11240 WINDROW DR EDEN PRAIRIE MN SS344 38 07-117-23 32 0060 PROP ADDR 01366 REST POINT RD O1.NER NAME LAWRENCE E A HELEN LANGHANS TAXPAYER LAWRENCE E i HELEN LANGHANS NAME/ADDR 1366 REST POINT RD MOUND MN 55364 38 07-117-23 33 0006 PROP ADDR 01386 REST POINT RD Ot-NER NAME TERRY C SMITH ETAL TAXPAYER TERRY C SMITH NAME/ADDR 1386 REST POINT RD MOI1N0 MI 55364 38 07-117-23 32 0037 01375 REST POINT RD M B i L K GERLICHER MICHAEL B A LYfJNE GERLICHER 1375 REST POINT ROAD ORONO HN 55364 38 07-117-23 33 0004 01398 REST POINT RD L K J011NSON A C B JOHNSON LYLE K JOHNSON 2737 IRVING AVE SO MPLS f41 55408 38 07-117-23 33 0007 01380 REST POINT RD W A V KRAKE JR WALTER F t VAUGHN D KRAKE 1380 REST POINT RD ORONO MN 55364 36 07-117-23 32 0038 01373 REST POINT RD K E ANDERSON A A K KRAMER KIRK ANDERSON 1373 REST POINT RD ORONO M1 55364 38 07-117-23 33 0005 013% REST POINT RD P A N WALSH PATRICK J WALSH 1390 REST POINT RD ORONO MH 55364 38 07-117-23 33 0009 O1395 REST POINT RD ROBERT G BREOESCH ROGERT G BREDE70H 15 E ST ALBANS RD HOPKINS MN 55343 �6 PROP ADDR 38 07-117-23 33 0018 01405 REST POINT RD 38 07-117-23 33 0011 01385 REST POINT RD 38 07-117-23 33 0012 01374 REST POINT RD OMER NAME COLLEEN A HOTVIK SUZA1a1E R AUSTIN 6 R BLOOM A T A BLOOM mq TAXPAYER COLLEEN A NOTVIK SUZAN?JE AUSTIN GEORGE R A THERESA A BLOOM NAME/ADOR 1405 REST POINT ROAD 229 OAKWOOD RD 1374 REST POINT RD ORONO MH 55364 HOPKINS MH 55343 MOUND MH 55364 PROP ADDR M.NER NAME TAXPAYER TOTAL BATCH 008 00012 NAME/ADDR I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS 27 APPEARS THIS DATE ON THE RECORDS OF THE HEfOlEPIN COIOfTY DEPARTMENT OF PROPERTY TAXATION OF MY KNOWLEDGE AND BELIEFTO THE BEST�j� DATE/BY 1 dw. Ap 141.% boa 4° . �o� \ 1A 1 hereby certify that this is a true and correct representation ^� of a survey of the boundaries of: Lot 6 and westerly 40 feet o` Lot subdivision cf Lot 14, REST POINT PARK" Hennepin Couty Minnesota. r _ ti �- 9�za ' And of the location of all Buildings, �0`' / if any, thereon, and all visible / \� encroachments, if any, from of on said land. As surveyed by me this / 20th day of May, 1987. —Lake F-ItvdtiOn 928.24 - Na.-d GOvtr is it. Vd % f Of 4oto- I s4 ft. homesS. 8—ergquIst r, i Registered Land Surv/ d , Minn. lic. No. 7725 .`'�� �`''• Fm' ' CERTIFICATE OF SURVEY "=�009 fAfNAE-•EAOQUIST, INC. 140 FOR N 00 iN0►pwA• IMAt:AT�, MN N>♦1 00N RUSSELL 00- 7 qs3 0 � ��,yi� Q•O� s % �NCP- 'k ""- 4A-4& PIL + � I z/ � \t7 1 hereby certify that this Is atrue and correct representationof a survey of the boundariesoLot 6 and westerly 40 feet of L, subdivision of lot 14, REST POINT PARK Hennepin Couty, Minnesota. And of the location of all buildings, If any, thereon, and all visible encroachments, If'ony, from of on sold land. As surveyed by me this 20th day of May, 1987. Realetered land Sur Minn. Lic. No. 7725 3/u $W,AO ac'o f;�15 � � • t so M`� 4 y of {et*.l ft, it. of Iet. 6�\ 20 CERTIFICATE Or SWVEY T �M aausr MMawr.V 0 r11t"tA am sow root 71 1p wuos"aws616+700" ' • 7 DON RUSSELL SOP 9(i1 &4 A `' � • . yk � G `O • �f1 / Sb' % )49�p.1(o J 'M 1 'fir � `/ t /• ,� A � v N'tOJ \0. ~• hereby certify that this is a true and correct representation ���\ \ .� of a survey of the boundaries of: ��— Lot 6 and westerly 40 feet of Lot 7, subdivision of Lot 14, REST POINT PARKA, - Hennepin Couty, Minnesota. ~ �r 932.E O And of the location of all buildings, if any, thereon, and all visible encroachments, if any, from of on said land. At surveyed by me this / C` 20th day cf May, 1987. e Lobe Elevot;am 928 2f. ✓ - H o.. d cover- 's 21 ba % 1/7 of i o toy ( s2 f t. of 101t . Thomas S. Bergquist Registered Land Surv4j, Minn. Lic. No. 7725 E 1=30CEPTIFICA' OF SURVEY , fATMAE-•if110001ljT, INC. AGE — �l FOR I" aOIITH a�wAY • WAYZATA. 00 66301 VILG MR. DON RUSSELL Tau a •�:�ra4 7.rpp- 7 fa 44 M M aseq ojo �ti' ° q� j gin r ..0 400 LAKESHORE SETBACK ZONE 0-75' 75-250' 250-500' 500-1000' Directions: A. Existing lot area in zone sf 9630 --�-"'T sf ORONO HARDCOVER CALCULATION WORKSHEET B. Existing hardcover in zone sf 2�95 sf sf sf sf sf C. Existing hardcover percentage ((B-.'A) x 1001 30 U 9�0 D. Proposed hardcover in zone sf 1p S6 8 --rl sf E. Proposed hardcover percentage ((D?A) x 1001 %, F. Allowed hardcover percentage 0 2 5 sf 30 V. s 3 5 %/ 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 the specified zone. C. Existing Hardcover Percentage - divide the number in B by the number in A and multiply by 100. D. Proposed Hardcover in Zone - includes the existing hardcover plus all proposed additional hardcover. E. 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. HARDCOVER CALCULATION WORKSHEET Metback Lone: (circle one) 0-75' �75-250- _,J50-500, 500-1000- Misting Mardeover in zone • . -11 NOON �� � x / . • • . [ . length width .� Is t • �•' _ s.f. x .—____ • - .. f . x • s.f. b. �-� Garage x �% �__ . 1 / % (7 s.f. c. Driveway +x F :� . (� s.f. x s.f. d. sidewalk x 8.f. x s.f. — x • s.f. e. ♦ r Patio/ x • 7 L=(� •.!. Deck x f . Landscape ? t/ areas _ underlain ? by plastic sheeting `� s i % • s.f. f . Other _ __� • s . f . Is x -- • s.f. TOTAL EXISTING HARDCCV£R I'i ZONE s.f. (1) Existing Hardcover • Total Existing Hardcover_ x 100 Lot Area Within Zone •2'�LI3 s.f. x 100 O Additional Hardcover to be added in zone: SE f Item Length x Width • TOTAL �.f. // TOTAL— S.F. Existina Hard(-nvpr t., �_ x x x BE ADDE/ . ved,/if anv: Item Length x • TOTAL s.f. s.f. x s.f. xNREMOVWED s.f. —s�--- xs.f. TO AL S.F. TO B(3) Final Hardco er Proposal: (Line ( /+ Lire (2) -Line (s.f. (4) Existing To be Added To be Removed Final �► Proposed Hardcover t a Line (4) a 100 s.f. x 100 I.inp (1) s.f. t 1 HARDCOVER CALCULATION WORKSHEET Setback tense (circle one) 0-75' 75-250' 250-500' 500-1000' Fin*` PoCoP0sr:t,, 0 rsdceess in gone .. Wswe ii : r- 2 2 c", t . _? 1 q s . f . length width 2, O L1 ? s s.f. /�•� x • c- (� s.t. PP'r G ►. �snys_ _ C. Drivewsy x s.f. 1 . = 1 Z d. Sidewalk i x '.� . L a.t. x s.f. • s.f. e. Patio/ ► x ., ��^: • s.f. Deck x t. Landscape x [- s.f. areas Underlain x 3 S J s,t. by plastic sheeting x • - s.f. x M s.f. f.•Other x . s.f. x • s.f. ?OTAL nIiTING MAROM22 IN gong • L l •.f. (1) Existing Hardcover f • Total Existing Hardcover x 100 Lot Area Within Zone t LI Additional Hardcover to be added in son*: Ites► Length _ x Width • TOTAL s.f. _ s.f. _ • s.f. x - s.f. x s.f. TOTAL S.F. TO BE ADDED (2) Existing Hardcover to be Removed, if any: Item Length x Width • TOTAL s.f. x s.f. x s.f. x s.f. x s.f. TOTAL S.F. TO BE REMOVED Final Hardcover Proposal: (Line (1) ♦ Lin* (2) -Line MI • Existing To be Added To be Removed Final Proposed Hardcover • - • Line (4) • 100 • s.f. x 100 • i� Line (1) s.f. •; r+fir To: Mayor Grabek & Orono Council Members t City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Aami I 9,#Lkzator Dates July 6, 1987 Subject: i1159 Franklin N. Groves, Jr., 215 Hollander Road - Conditional Use Permit - Resolution List of Exhibits Exhibit A - Revised Grading Plan Exhibit B - Planning Commission Minutes of 6/15/87 Exhibit C - Planning Commission Action Notice of 6/16/87 Exhibit D - Memo & Exhibits of 6/10/87 Exhibit E - Resolution Application - Conditional use permit for regrading yard area - importation of 500-1,000 cubic yards of fill. Discussion - Please review the memo and exhibits of 6/10/87. Applicant is proposing to fill and regrade his front yard area in order to make it mowable. Planning Commission reviewed this at their June 15th meeting and recommended approval 6-0 subject to the following: 1. Applicant shall maintain appropriate erosion controls as may be required by the City during the grading process. 2. All disturbed areas shall be immediately seeded (or sodded if applicant desires) upon completion of the grading work. 3. Applicant is advised that no more than 8" of additional fill should be placed over the drainfield area; and all work in that area should be done using tracked equipment with a low compaction potential. 4. Applicant or his contractor shall obtain the appropriate grading permit prior to commencement of the project ($100.50 per current fee schedule). 5. Applicant is, advised to work with the Hollander Road home3wners regarding truck ingress and egress over the private roadway. 6. Applicant shall provide a grading plan indicating existing and proposed contour lines prior to Council review. Applicant has submitted the grading plan per Condition 06, and tnis has been reviewed and approved by City Engineer Glenn Cook. Staff Secommendation - Staff recommends approval per the attached resolution. N a we W- / fo FAM CONTOURS TO S .\ �< . CQGATE UMIFOQpt �O / \�C=•O � � � _ �R'N'1 MNC'��r_ 4RC CK W+O v4t jAT INLET IN\'EiLT via vault ! ♦W M ROCR��_ ,•�. `\ 1-' \ \\ `t \mod � Yj BlENO FILL CGNTOURS INTO E A TIMG CTH SLN TO GREAT SSE-T FI SURFACE TRANLITI['J BETWEEN DRIVEWAY FENCE �... <' / / : �/ '�i/►/ ////!�� FAN CONTOURS To CPeATE UNIFOitN SURFACE SECTION A -A F- hill •sue +Tl� l�1E wt•' S.'QCC; E 7, i JLVER(T DETAIL A 1lEVISrb TRACT 3 -- LOT 3 \k� PACE LARGE Kt'_ fTS Aroako Cui vtrT ,,4,ET -77 N:TE' NCw C--TC'JQ AREA 9-&L_ !i "&VEG WIT" •CCll![1TCL GLIM•WT�M( CiQ6{•. tM1M[CJ�f _� ♦iTEE CCMo�E"ON aW V �" as.: �:• MR Mr -SG N GROVES JF R_�,, _SCE PPG�u:EL LANLS(AVIE FIL'_ -G%TLv , Zt5WUAW"PD. OFZW,r`W S'ii, lu.1 1,4PtINUTES OF THE PLANNING COMMISSION MEETING HELD DUNE 1S, 1987 ,i159 ROBRRT P. SCHMITT 1475 SHORELINE DRIVE 1ONDITIONAL USE PRRMIT/VARIANCE VOLIC HEARING 7:06-7:11 The Affidavit of Publication and Certificate of Mailing was noted. Robert Schmitt was present for this matter. Assistant Zoning Administrator Gaffron reviewed the request to: 1) Replace areas of cracked concrete sidewalk and driveway pavement within 0-75' setback area; 2) Re -grade ice damaged shore 'ine back to a level state; and 3) Remove dilapidated bath house near shoreline. Gaffron reviewed City Engineer Cook's recommendation of approval subject to his outlined erosion control measures. Staff recommends approval of the 3-phase project which will reduce 0-75' hardcover on the proeprty, remove a non -conforming structure, and enhance the safety and usability of the yard area. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Cohen, seconded by Chairman Kelley, to recommend approval subject to suitable erosion controls during the grading work, and subject to the concrete being replaced but not expanded in area. Motion, Ayes 6, Nays 0. 11159 FRANKLIN GROVES 2 1 S HOLIANDRR ROAD CONDITIONAL UNR PROUT PUBLIC HEARING 8:50-8:55 The Affidavit of. Publication and Certificate of Mailing was noted. Zoning Administrator Gaffron explr„ the request for a conditional use permit to bring in o-ximrLely 500- 1,000 yards of fill in order to regraL. a front yard area, with the intent to smooth out the tL yard so it can be readily mowed. There will be some m, r cut and fill areas in addition to the fill brought City Engineer Cook has viewed the site and feels ti. this project will have no detrimental effect. John Hollander, 200 Hollander Road, asked about the quantity i type of fill, the direction of the drainage, and the type of soil that cur--ently exists on the property. 8 ZFC[NUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 15, 1987 000�" GROVES CONTINUED Assis_ant Zoning Administrator Gaffron answered that a maximum of 1,000 yards of mostly clay fill will be brought in; it is anticipated that the drainage will be in the same direction and same rate that currently exists toward the culvert; and the existing soil is mainly sand. Franklin Groves was present and noted that he plans to seed as soon as the fill and grading is done. There were no other comments from the public and the public hearing was closed. Bellows stated that she approved the project in concept, however, recommended that a contour plan be submitted before Council review. It was moved by Bellows, seconded by Brown, to recommend approval per staff recommendation and subject to applicant providing complete existing and proposed contour plans before Council review. Motion, Ayes 6, Nays 0. For the record, Mr. Groves stated t';a, he will diligently repair any road damage caused by this project. #958 VOTA WR SERVICE CSNTSR, INC. 2423 BEADYMOOD ROAD VARIANCES i COMEMCIAL SITS PLAN REVISM CONTINUATION OP PUBLIC HSARING 9:02-9:22 MKILED DANOTIFICATION John O'Sullivan and Erwin Smith were present for matter. Zoning Administrator Mabusth Lx wined the proposal to adc' .:o the existing service center building to create a carwash/service center/convenience store. Street setback vokriances requested are: Right Side - proposed 201, Left Side - proposed 27' (35' setback is normally required). Parking requirements total 26 stalls, whereas the commercial site plan shows 7', Malls provided. The County is requesting additional ;fight -of -way to provide a right turn lane and a sides -.lk w -iich is part of the Navarre upgrading plans. John O'Sullivan reviewed the proposed plan. Regarding the 26 required number of parking stall:3, 'fie requested tt, 500 ('; total) of the 10 gas pun pa.: -king stalls be ccr -teu the parking requirements. He noted that this i:as been acceptable in st „ae muni.-ipa. .ties. 9 ZONING PILE NO. 1159 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 6/16/87 --------------------------------------------------------------------------- TO: Franklin N. Groves, Jr. COPIES TO: 215 Hollander Road Wayzata, MN 55391 --------------------------------------------------------------------------- TYPE OF APPLICATION: XX Conditional Use Permit --------------------- •------------------------------------------------------ DATE OF MEETING: 6/15/87 VOTE: 6 For 0 Against Planning Coamission Deco=ends the following: XX Approval subject to conditions noted below MOTES AND SPECIAL CONDITIONS: Planning Commissions recommends approval per the following 6 conditions: 1. Applicant shall maintain appropriate erosion controls as may be required by the City during the grading process. 2. All disturbed areas shall be immediately seeded (or sodded if applicant desires) upon completion of the grading work. 3. Applicant is advised that no more than 8" f additional fill should be placed over the drainfield area; and all work in that area should be done using *racked equipment with a low compaction potential. 4. Applicant or his contractor shall obtain the appropriate grading permit prior to commencement of the project ($100.50 per current fee schedule). 5. Applicant is advised to work with the Hollander Road homeowners regarding truck ingress and egress over the private roadway. 6. Applicant shall provide a grading plan indicating existing and proposed contour lines prior to Council review. Applicant's next scheduled meeting is dependent upon receipt of additional information noted in Condition (6) above. Deadline for the July 13, 1987 Council meeting is July 6, 1987. If the applicant has trouble providing additional information, please contact the Zoning Department (473-7357). If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning 6 Zoning Administrator Date: June 10, 1987 Subject: #1159 Franklin N. Groves, Jr., 215 Hollander Road - Conditional Use Permit - Public Hearing Zoning District - RR-lB Application - Conditional use permit to fill/grade front yard area. NOTE: This is not a wetland area. List of Zxhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey/Site Plan/Grading Plan Discussion - Applicant recently purchased this property and wishes to bring in approx-mately 500-1,000 yards of fill in order to regrade the front yard area. His intent is to smooth out the front yard so it can be readily mowed. There will be same minor cut and fill areas in addition to the fill brought in (see plan). City Engineer Glenn Cook has viewed the site and feels that this project will have no detrimental effect and will not change the neighborhood drainage pattern nor will it have a significant impact on the flow rate. The plans show a boulder barrier around the culvert leading from the property, to prevent erosion at that point. Also note that the fill over the drainfield area will help reduce ponding over the drainfield. Staff Aecosomendation 1. Applicant shall maintain appropriate erosion controls as may be required by the City during the grading process. 2. All disturbed areas shall be immediately seeded (or sodded if applicant desires) upon completion of the grading work. 3. Applicant is advised that no more than 8" of additional fill should be placed over the drainfield area; and all work in that area should be done using tracked equipment with a low compaction potential. 4. Applicant or his contractor shall obtain the appropriate grading Permit prior to commencement of the project ($100.50 per current fe- schedule). 5. Applicant is advised to work with the Hollander Road homeowners regarding truck ingress and egress over the private roadway. ,� �z CITY OP ORONO GENERAL LAND USE APPLICATION --------------------------------------------------------------------------- PROPERTY LOCATION Site Address 215- 4L.( W,0&oe, A ' Property Identification Number (P.I.D. ) 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 Phone (home) g-73 Name A/ . C :4P-0✓re s' .J. _ . Phone (work) Address c;/S [L DES 4'a� City ! [m> Zip ---------------------------------- ---------------------------------------- OWNER (if different th<-n applicant) Phone (home) Name Phone Address City Zip, Date Property Acquired (month/year) I Wm@4 (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- FEES - CONDITIONAL USE PERMITS $100.00 a) Residential accessory Use $150.00 b) Institutional ( .urch, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use X, $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 OTEIR "PLICATIONS $150.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 Easement Vacation $ 50.00 Easement Vacation with Subdivision $250.00 Resoninq $200.00 Appeals Other - see fee schedule PRESENT USE OF PROPERTY �J Present Zoning District /P/ 8 Present Use of Property iC Residential Other (specify) ------------------------------------- ------------------------------------ DESCRIPTION OF REQUEST Describe request_ in detail: fit,[/A16 4WO s;eWiN& Ole 1iK&_4AK 04#WS CWPr -M Fo�.� --------------------------------------------------------------------------- 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 each of the names 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. ':m-a remember that your application is not complete if the above information has not been included. --------------------------------------------------------------------------- Certification by Zoning Depa:*_ment that Land Use Application is complete. Zoning Officials Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. r Applicant's signature Date ONNERS SIGNATURE The owner hereby acknowledges an-' agrees to this application and furt`ler 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 /lei %' `� Date ---------------------------------------------------------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council, and, if an applicant is unable to attend a scheduled meeting, to please make arrangements to have an authorized agent attend in your place and to advise the building i Zoning Office of this change prior to the meeting. RUN DATE 05/22/87 BATCH 003 38 25-118-23 41 0001 PROP ADDR 00300 SIXTH AVE N =.ER NAME DOUGLAS DAYTON ETAL TAXPAYER DOUGLAS J DAYTON NAME/ADDR 300 CO RD NO 6 WAYZATA MN SS391 38 25-118-23 44 0002 PROP ADDR 0 ,'ER NAM ST EDWARDS EPISCL CH TAXPAYER ST EDWARDS EPISCOPAL CHIT! NAME/ADDR P 0 BOX 71 WAYZATA MN 55391 38 25-116-23 44 0011 PROP ADDR O:,Z:ER MME PAUL J MERZ CONSTRUCT CO TAXPAYER PAUL MERZ CONSTR CO NAME/ADDR 2919 INDEPENDENCE RD MAPLE PLAIN PM 55359 38 36-118-23 11 0002 PROP ADDR 011 ,ER NAME D N LOVE i T M LOVE TAXPAYER 0", L.D N 9 TERI M LOVE NAME/ADDR 21647 RAMOLA VISTA MALIBU CA 90265 38 36-116-23 11 0014 PROP ADDR 00765 FERPDALE RD N Oi.:;ER NAM S V i R SHAIIEDLIMG TAXPAYER STANLEY V SHANEDLING NAME/ADDR 765 NO FER.'DALE RD ORONO MN 55391 HEPNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWZERS LIST 38 25-118-23 41 0019 00250 HOLLANDER RD HILDUR P HOLLAPMER HILDUR P HOLLANDER 250 HOLUP.JER RD WAYZATA MN 55191 36 25-118-23 44 0005 00200 HOLLANDER RD HILOUR P HOLLANDER HILDUR P HOLLAPDER 250 HOLLANDER RD WAYZATA MN 55391 38 25-IIC-t3 44 0012 WARD A MRtIEGER WARD A KRUEGER 259 HOLLIJ;DER RD WAYZATA PM 55391 38 36-116-23 11 0012 00785 FERMALF RD N ALLEGRA W PARKER PAUL L A ALLEGRA LG PARKER 785 FERP9ALE RD N WAYZATA MN 55391 38 36-119-23 11 0017 00715 FERNUALE RD N RICHARD J LYMAN RICHARD J LYMAN 715 NO FERKDALE RD ORONO !tj »..: REPORT M. P1435401 PAGE 7 38 25-118-23 43 0026 00235 HOLLANOER RD B F HILL A M E HILL ERIAN i MARGARET HILL 235 HOLLANDER RD ORONO MN SS391 38 25-118-23 44 0007 00225 HOLLANDER RD R f rQ&RS A M G POWERS RICHARD E POWERS 225 HOLLANDER RD OROPA7 MN 55391 38 25-116-23 44 0013 FRANK HOLLANDER RD iRANKLIN N GRO`:ES JR ET AL i � FPAW! LIN N CRC."ES JR AND MICHELLE GROVE 215 HOLLANDER RD ORONO MN SS391 38 36-118-23 11 0013 P A A PARKER PAUL L PARKER 785 N FERNDALE RD MOM MN 55391 TOTAL BATCH 003 00014 tilRl DATE 05/22/87 CATCH 003 HEMN« — COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OSSdERS LIST 38 36-118-23 11 0026 PROP ADDR OWNER NAME E F JR & J C KAMM TAXPAYER ERVIN F JR 6 JENNY C KAMM NAME/ADDR 763 NORTH FERNDALE RD ORONO MN 55391 38 36-118-23 11 0027 801 FERNDALE RD N CHARLES 6 MAUREEN YORK CHARLES & MAUREEN YORK 2635 ZANZIBAR LANE PLYMOUTH MN 55447 REPORT NO. P1035401 PAGE e 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 PROPERTI JAXATION9 TO E BEST OF MY KNWLEOGE AND BELIEF. N p.� T W E 0 TAP%* Cul \ FILM CON rou* s To . Q' . � � \ 5�7RRI►tE TAPE r-l" SA-1Cu6veitT \ INLET IMVMT \ Ic Et. O.o \ ` / FAN CONTOURS TO CRATE UNIRpEM SORPACE auao •ems s'�cw ���\ . 1�,..,.��` Q,•, - SECTION A -A I gm ®R al � Moo 41'r CLWVERT :)ETAI L -MACT 3 LOT 3 VLAtt LAR f Of.ULDty AROUND CoLvit- i u.F FAQ EYUi'C�+CC.N'+8 Ir.t MR 4 MRS ;:.N GROVES JR R[S U P1�OPOSED LANOSCAOE F�L� CG4 bSMAAWMft,opow,rw/ iSs»� City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOihTIOr MOTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE 11159 WHEREAS, Franklin N. Groves, Jr. (hereinafter "the applicant") is the owner of the property located at 215 Hollander Road within the City of Orono (hereinafter "City") and legally described as follows: That part of Lot 3, Block 1, HOLLY ACRES 2ND ADDITION, according to the recorded plat thereof, lying Westerly of a line and its Northerly extension drawn from a point on the Northeasterly line of said Lot 3, distant 231.37 feet Northwest of toe Northeast corner of said Lot 3 to a point on the South line of said Lot 3 distant 182.00 feet West of the Southeast corner thereof; and That part of Lot 4, Block 1, HOLLY ACRES 2ND ADDITION, according to the recorded plat thereof, lying Southerly of a line drawn Northwesterly from the Southeast corner of said Lot 4 to a point on the Northwesterly line of said Lot 4, distant 231.69 feet Southwesterly of the Northwest corner thereof; all in Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono for a Conditional Use Permit to permit placement of up to 1,000 cubic yards of fill per Municipal Zoning Code Section 10.03, Subdivision 19. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1159. 2. The property is located in the RR-1B Single Family Rural Residential Zoning District. 3. On June 15, 1987, the Orono Planning Commissioi reviewed the application as proposed and recommended approval, finding that the proposed fill within the front yard area is solely for the purpose of leveling the yard to make it. more maintainable, and that the proposed changes in grade will have no detrimental effect on drainage patterns in the neighborhood, and will have no detrimental effect on the quality or quantity of run-off from the property. 4. The amount of fill to be placed is estimated at 500-1,000 yards, and will average 1-2' feet in depth over the front yard area. Page 1 of 4 City of ORO O RESOLUTION OF THE CITY COUNCIL NO. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. 6. The City Council finds that granting a Conditional Use Permit to allow the proposed placement of fill will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a Conditional L -a Permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit the placement of up to 1,000 cubic yards of fill material in the front yard of the property, subject to the following conditions: 1. Applicant shall maintain appropriate erosion controls as may be required by the City during the grading process. 2. All disturbed arc ball be immediately seeded (or sodded if applicant desires) upo letion of the grading work. 3. Applicant is advi:� It no more than 8" of additional fill should be placed over tt., nfield area; and all work in that area should be done using t ed equipment with a low compaction potential. 4. Applicant or his contractor shall obtain the appropriate grading permit prior to commencement of the project ($100.50 per current fee schedule). 5. Applicant is advised to work with the Hollander Road homeowners regarding truck ingress and egress over the private roadway. 6. Violation of or non-compliance with any of the terms and condi- tions of this resolutio.. shall cor itute a violation of the zoning code, shall automatically terminat ny authority Pranted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. d by the Orono City Council on this 13th day of July, 1987. ATTEST: Dorothy M. pia in, City Clerk Property Owner(s) James R. Grabek, Mayor Page ' of 4 Mayer Grabek ? -87 Orono Council Members City Adminis�rator Bernhardson r71 � FROM: Mii-i iel P. Gaffron, Assistant Planning i 7ct.ing Administratr- DRTE: July i, 1987 SODJ: #1160 Willard L. Bury, 2695 Casco Point Road - Variance - Resolution List of Exhibits - A - Applicant's letter to Council 7-7-87 B - Applicant's 3 diagrams 7 -87 C - Photos of Site D - Planning Commission Minutes 6-15-87 F, - Planning Commissior, Action Notice 6-17-87 F - Memo i Exhibits of 6-8-87 •Diamssion - Pleaa;.. - efully review the memo and exhibits of 6-8-87. ':70 briefly sum --rite, eopli­- is y-roperty has :teen allowed s muc. , c. 12.4`i hardcover n tt 75--2:)0' zone. Applicant agreed to install a "strip" d -eway i2 24" wide tracks) in order to meet the hardcover requi_ cents. ► is now requesting to not have to construct the tracks, but leave ' ^e existing driveway as -is in or6c,�- to make this steep driveway safer. -Existing 75-250' Hardrr,v:, 4%.3i -r 4215 s.f. -Allowed ►3ardc -,er 32.4% or 1405 s-f -Excess h: iccve- s 7.7% nr 81.0 s.f. -AppD9 ant's Froeosed All" Al : Rpmr^e 532 s.f. for a final: total of 3683 s.f. or 3---.1% -ApplI_.,-nt's Alt. A2 : Remove 692 s.f. for a final tote 3573 s.f. or 34.0% -Applicant's t.lt. 0 : Remove "0 s.f. for a final to'- 3405 s.f. or 32.4% The applicant discusses e ­-i, a 1 ternat '. ve and the i ami: i t . • �r. . each in his let'- r and d; ;ram,,. Planning Cummission at thee- - 15--"7 ..., eting voted 5" i to rzcoamend apj..:oval of full dr' ;-way t .abject to a 7-)-250' ::aiocover reduction .,e i2.4% lev. _. Applicant feels this will be a hardg:�ip De� use t_ safety ::oncerns. Please review is letter and iac_ - -,s. I wuu1u urge you to v , t t.`he site if possiY e. .tiG* a c.tat 1 have drawn in a f-yrical medium-sized car (7'xl6 ). 'Y(,u can cut i t out and rtl- it up an- down r, a driveway if you wish.) 1 teno to %-ree t the narro•.:,e.ss of the driveway under Altr ,.,,4 t..Lve may a problem both, for parking and for drivc-ge ra' !ty. Altern t 12 is •elative. ; comfortable. Alt :..native it does ,.o em to much of concess ' nn . Zoning File 611C July 7, 1987 Page 2 of 2 staff Recoss~ndation - A� ernative #2 for the puking and driveway area will leave applicant with 168 „. over the 32.4% level. Staff recommends approval of A It is rnati ve #2; Council must determine whether removal of an additional 168 s.f. from decks/sidewalks is necessary or appropriate. There is not much additional hardcover to Feasibly remove without tearing gown structure, i.e. remove decks, entryway, etc. The attached resolution is for approval of hardcover at the 34.0% level, and car ie revises if necessary to reflect Council's action. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE 01160 WHEREAS, Willard L. Bury (hereinafter "the applicant") is the owner of the property located at 2695 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 3, Auditor's Sul -division No. 265, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applic t has applied to the City for a variance to Municipal Toning c,uae Section 10.22, Subdivision 2 to permit hardcover in excess of the 25% hardcover norma ly allowed in the 75--50' lakeshore setback zone. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1160. 2. The property is located in the LR-lC Single Family Lakeshore Residential Zoning District. 3. The Orono Planning C,)mmission reviewed this application on June 15, 1987, and recommended approval of a variance to allow 32.41 hardcover in the 75-250' zone based up, the following findings: a) A building permit to constrict a residence on the property was issue-.,. spy staff on August 10, 1984 based on a site plan indicati.nj 27.8% hardcover ir. the 75-250' zone. b) The applicant through a ,elopers agreement agreed to ins`alling a "strip" type o. irivew- y in exchange for added hardcover in a deck, entryw-y, sidewalk f,,d driv-• y apron. Staff later determ.ned that 420 s,f. , rdcovrr removal in the 250-500' zo,ie had been exchange r a like amount added in the 75-250' zonI. c) Based on the above occurrences, applicant had every expectation that he was allowed as eucl^ as 32.4% or 3405 s.f. of hardcover in the 75-250' zone. Page 1 of 4 City of OR.NO M RESOLUTION OF THE CITY COUNCIL NO. _ d) The Planning Commission found that it is in the best interest of the City and of the property owner and his successors that the driveway strips not be required in order to provide for a safe access to Casco Point Road. Planning Commission further recommended that additional hardcover in the 75-250' zone be removed so that the resultant final 75- 250' hardcover would not exceed 32.4% or 3405 a.f. 4. Applicant's request for additional hardcover above the 32.4% level is based upon applicant's anticipated and experienced problems in safely accessing the prcperty over the steep driveway area. 5. The C 1-icil finds that applicant's proposed alternative #12, with rt als of 692 s.f. of existing hardcover in the 75-250' and 25G zones and resulting in a final 75-250' hardcover of 3573 s.f. or 34.0%, maintains a safe and functional driveway area while removing the extraneous hardcover on the property. 6. lipproval of 34.0% hardcover in the 75-250' lakeshore setback zone is not inconsistent with contemporary City approvals on similarly situated properties. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comme .ts by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 8. The City Council finds that the conditions existing on thi-- 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 ty affi - conditions, light, air nor pose a fire hazard or other danger •:u neighboring property; would .iot merely serve. as a convenie,i.:e to the applicant, but i:. 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 Zoninq Code and Comprehensive Plan of the City. CONCLOSIONS, ORD= AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Secticn 10.22, Subdivision 2 to perm4z 34.0• hardcover in the 75-250' lakeshore setback zone where only 25• hard -over in normally allowed, subject to the following conditions: F_ 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1. Applicant shall remove 692 s.f. of existing hardcover as shown on Exhibit A attached. Final hardcover on the property shall be no greater than 3573 s.f. or 34.0• in the 75-250' zone, as follows and per Exhibit B attached: Houre and garage: 1776 s.f. S. Entryway i sidewalk: 435 s.f. tiv. side deck/patio: 418 s.f. Driveway and apron: 944 s.f. 3573 s.f. (75-250' zone = 10,500s.f.) Hardcover in the 0-75' setback zone shali remain at 0%. Hardcover in the 250-500' zone shall consist only of driveway ranging in width from 10' to 11.511 plus the driveway serving the residence at 2697 Casco Point Road. 2. Hardcover removals shall be completed and inspected within 90 days of the date of this resolution. 3. Applicant is advised that future proposals to increase hardcover on the property will not be approved, but might be approved only in conjunction 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 variance will expire on that date (July 13, 1908). 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 *he chain , title of the property. Adopted by the Orono City Council on this 13th day of July, 1987. ATTEST: Dorothy M. Mall1n, City Clerk James R. Grabek, Mayor property owser Pale 3 of 4 Mr. oo Mrs. Willard Bury 2695 Casco Point Road Wayzata, MN 55391 July 7, 87 City of Orono City Council P.O. Bo.. 66 Crystal Bay, MN 55323 Re: Hardcover variance @2695 Casco Point Road Homeowner: W.L. Bury Dear Members of The Orono City Council: The planning commission, on the meeting of June 15, 1987, made several recommendations in regards to removing hard- cover from my property. I have enclosed drawings of several alternatives and wish to invite all members of the council to the site to see how the di.ferent alternatives effect the maneuverability, safety, and maintenance of my driveway. Alternative #1 : I would remove 432 sq. ft. of rock north of garage and approximately 100 sq. ft. of turn around. This alternative would allow me to leave drive width as is needed for winter traction, plowing, and safety to swing right or left at the top of hill. Average drive width is 11-12 feet. Timber was added to help keep vehicles from going off side of hill. Alternative #2: Remove 432 sq. ft. north of garage plus 160 sq. ft. of turn -a -round, plus an average of 241 feet (100 sq. ft.) from width of drive. This alternative is liveable, but limits turn -a -round ability and also hampers safety and maintenance on slope. Alternative #3: Removing hardcover to comply with approved 32.4% limit creates an extreme hardship, hampers safety and makes maintenance nearly impossible. I can not swing out of either garage stall to turn around. This solution would require driver to back up hill. An "impossible' driveway situation to meet hardcover rules does not seem practical. I can only request that the council consider my request for alternative PI as a compromising and workable solution. Thank you for your consideration. Sincerely ki - W.L. Bury Note: Pictures submitted with letter j U 2 J &7ZVJV*r-1LJRr 0 / Retrovs 4r''Pr-w)( 3'32 94) ffr . 3S•.04 4: IYA"(--We-g s �l G AQgGE, q t:T -� I NAFLGumda- -TO fw_ R en" w c Em it' SGgc.E = I !>-rex&oQ-r/tip *d - �P,E'+d'roY,E ISfr0% fo 92 g4) pr. 33.51 1 NA*c&VC4- �1 i F� si r r� 12 1) 2 J oll 6 AQgGE ALT #�- -- WotauC W arz Td 6t RhmwGC j . a i , a0-6l 2 AC-rXAIIVTYV, 03 XEMayF, A1'1Ae9(. 9 SS Sy FT. 31 Z MkD wvtti "'o -00" 0 'o " n Q 3, In N N a, 6 A�QGE ADt>l-1uwL 1),I S; TJ �. GET 32 .♦ ' MINUTES OF THE PLUMING COMMISSION MEETING HELD JUNE 1157 KRAKR CONTINUED After considerable discussion of alternatives, it was moved by Chairman Kelley, seconded by Bellows, to table the application for an alternative plan reducing the hardcover. Motion, Ayes 5, Nays 1. Planning Commission reopened this application at the end of the meeting to give applicant the opportunity to submit a revised plan. Mr. Krake proposed to eliminate the turn -around, off- street parking, and the sidewalk which would reduce the proposed hardcover to 38.80. Chairman Kelley felt that the turn -around was necessary. It was moved by Brown, seconded by Johnson, to recommend approval with a hardcover limit of 38.81 i.e. exclusion of sidewalk, turn -around, and parking area from original proposal. Motion, Ayes 3, Nays 3. #1160 WILLARD L. BURY 2695 CASCO POINT ROAD VARIANC9 PUBLIC HEARING 11:04-11:25 The Affidavit of Publication and Certificate of Mailing was noted. Asbistant Zoning Admi strator Gaffron reviewed the history of the properties ownership and development and hardcover previously approved. Mr. Bury purchased the unfinished structure in 1986 and proceeded to finish the construction, with the stup-ilation through a developers agreement that the diveway would be reduced in hardcover by installing two - 24" wide pads rather than a 10' driveway, in exchange for added hardcover in a deck, entryway, sidewalk, nd back-up apron. Mr. Bury is now requesting a variance for hardcover to allow the full width pavement, the hardship being steep slope, poor winter traction and problems with winter maintenance, and the need to enter Casco Point Road moving forward Sue to poor sight distance. Willard Bury was present for this matter and noted a disagreement in hardcover where 432 s.f. of gravel was placed directly over the soil with no underlying plastic where staff previously advised him that this would not be considered rmrdcover. It was determined that this difference would reduce t,.e existing hardcover to approximately 360. 17 MINUTES OF TRR PLANNING COMMISSION MEETING RZLD JUNE 15, 1987 01160 BURY CONTINURD Chairman Kelley stated he felt the City has been "had" by Mr. Bury. Bellows felt that the existing deck should be reduced in exchange for approving this variance in order to comply with the spirit of applicant's original agreement with the City. Mr. Bury felt that cutting off the deck would physically and aesthetically ruin the entire deck area. He stated that he is not trying to put something over on the City and noted that both hi -, ne: -ihbors have more hardcover than he has. He qua io- I that the City would be liable in a case of - car accident if they deny his request. He stated he could reduce the width of driveway and turn -around: c,onnie and Larry Kane, 2697 Casco Point Road, stated that they have had a drainage problem since the building of applicant's hou— began and if this application is approved requested the City require monies put in escrow in that case of additional drainage problems until the new drainage methods have been found to be satisfactory. (Applicant has done work to correct the previous drainage problem, but with the dry weather conditions, it is unknown if this has completely solved the problem.) Bob 6 Betty Hunt, 2691 Casco Point Road, agreed with the Kane's and explained the history of the drainage problem. The %.:e no other comments from the public and the pubi, .. ng was closed. Mr. Bury submitted photos of the existing deck ana driveway. It was moved by Chairman Kelley, seconded by Hanson, to recommend approval subject to reduction of hardcover to 32.41. Motion, Ayes 5, Nays 1.. Brown voted nay. 18 ZONING FILE NO. 1160 CITY or 000MO W."U s OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 •173--7357 Date of Notice: 6/17/87 TO: Willard L. Bury COPIES T, 2695 Casco 'Point Road Wayzata, MN 55391 -------------------------------------------- T M ON AVMCATIONs XX Variance DATE Of M=ETIMG: 6/15/87 VOTE: 5 For Planning Cossission reca■iwends th* following: XX Approval subject to conditions noted below MOM AND SMWIAL % INDITIOMS: ------------------------- 1 Against Planning Commission recommended that full driveway (rather than 24" Fads;) be allowed to remain subject to removal of oxcess driveway/gravel/misc. hardcover to meet the 32.41 hardcover limit as previously allowed by staff. This could be partially accomplished by the following: 1. Removal of gravel north of garage. 2. Reduction of driveway width in 75-250' and 250-500' to 10 width, from a point 35' from garage to the road. 3. Reduction of backup apron .rea to be no more than 10' deep by 15' wile (now it is 11' deep and average 27' wide). With these reductions, an additional 121 s.`. o` hardcover must be removed to meet the 32.4% limit. Per our discussion on the property on 6/17/87, your proposed reductions and basis for justification of a hardcover slightly higher than 32.4% should be submitted no later than July 6, 1987. As you requeste', a list of Ccunci 1 members a -one numbers is attached. Applicant's next scheduled meeting is confirmed as: City Council July 1", 1987; meeting starts at 7:C0 If you d*, itre certified copies of the official Plann4. g Commission minutes, thel ire availbble from t:.e City Recorder after review and approval by t' P lar: 1,..9 Comrai ss icn. VJ TO: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson FROM: Michael P. Gaffron, Asst Planning & Zoning Administrator DAM June 8, 1987 RO bJ ECT: 41160 Willard L. Bury, 2695 Casco Point Road - - Variance - Public Hearing ZONING DISTRICT: LR-lC, 1/2 - Acre Sewered APPLICATION: Hardcover variance in 75-250' zone. LIST OF 1ZIIDITS Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Hardcover Summary By Applicant Exhibit E - Staff Hardcover Review Exhibit F - Letter From Neighbor Kane s Attorney Exhibit G - Original Building Permit Including: - Developers Agreement Stipulating 24" Driveway "Tracks" - 3 Original Hardcover Proposals - Original Survey Of Lot With Topography Exhibit H - Staff Recommended Revisions PIWIN1 12 FACTS - Hardcover limit 75-2501: 25% or 2625 s.f. - Hardcover approved by staff with original permit: 28% 2937 s.f. - Hardcover approved by staff (incorrectly) when Bury proposed removals/additions: 32.41 or 3405 s.f. - Hardcover existing 6-12-87: 40.11 or 4215 s.f. - Hardcover Proposed: 40.1% or 4215 s.f. - Stated hardship: Applicant says that to cut back the driveway to 2-24"track status will cause problems in mainter.4nce and traction due to the steep slope up to the road. brief ■istory Prior to construction of this residence, Mr. Lorge applied for a variance to lot area and width for this 0.44 acre lot that was cows:only-owned with the developed lot at 2697 Casco Point Road; that variance ultimately was denied by the City Council. Mr. Lorge sued the City, which ultimately resulted in an out -of -court settlement that the City would allow a residence to be built on the lot. Lorge then sold the lot to Chuck and Sheri Oat. Zoning File #1160 June 8, 1987 Page 2 of 3 - Original h%_dcover proposal by Ost was 40-45% in 75-250' zone - this was rejected by staff. - Second proposal reduced it to about 35%, also, rejected. - Third proposal got it down to 33.8%, then with more tweaking got it to 27.8% in the 75-250' zone. Ost obtained a building permit on 9-10 84 per their final revision of hardcover; staff decided to require no further reduction given the magnitude of reduction from the original proposal and given the history of this property, construction was commenced and the house was partially completed. Mr. Bury purchased the unfinished structure in 1986 and proceeded to finish the construction, with the stipulation through a developers agreement that the driveway would be reduced in hardcover by installing two - 24" wide pads rather than a 10' driveway, in exchange for added hardcover in a deck, entryway, sidewalk, and backup apron. Staff (in error, perhaps) gave him credit for. about 420 s.f. of hardcover in the 75-250' for removals in the 250-500' zone. Total 75- 250' hardcover actually approved by staff ended up being (16+1776+400+225+208+292+223+265) = 3405 s.f. or 32.4%. CURRIWT PROPOSAL Noy, Mr. Bury is requesting a variance for hardcover to allow the full width pavement, the hardship being steep slope, poor winter traction at• problems with winter maintenance; and the need to enter Casco Poin �e)ad moving forward due to poor sight distance. Staff sees these valid hardships, but a current hardcover review of the site indica s hardcover existing is much greater than was ever approved (correctly or incorrectly) by staff: 1 ) The driveway and apron in the 75-250' is 1539 s.f. vs 1125 s.f. approved (+414 s.f.) 2) There is driveway -type gravel along the north side of the garage that is not considered porous. (+432 s.f.) 3) The entry sidewalk is mostly decorative rocks with porous fabric but the entry stairs is larger than originally approved (- 73 s.f.) 4) The deck is 418 s.f. vs the 201) s.f. approved (+153 s.f.). The deck existing is not as shown on approved plans. The net result is an excess of 926 :,.f . from what 4ury was led to believe was acceptable. In the 250-500, zone where Bury had said there would be about 320 s.f. or 7.3%, there is 96u s.f. or 21.91, within the 3016 al lovable but not per the former agreement. Zoning File #1160 June 8, 1987 Page 3 of 3 STAFF RSCOMMIDA?ION Staff suggests the following: 1) Require removal of gravel north of garage. 2) Require reduction of driveway width in 75-250' and 250- 500' to 1V width, from a point 35' from garage to the road. 3) Require reduction of backup apron area to be no more than 10' deep by 15' wide (now it is 11' deep and average 27' wide) The above, per exhibit H, will result in a reduction of hardcover of (432+132+125) 689 s.f., so 75-250' will be down to 3526 s.f. or 33.6%. And will leave 800 s.f. in 250-500' zone, or 18.3%. 4) If applicant cannot justify changes to the deck that were apparently made without plan approval, staff would recommend you require removal of 121 s.f. of deck to get the 75-250' zone back to the 32.4% (3405 s.f.) that applicant was granted permission for. ADD t T I OVAL COOOCK T Regarding the comments from neighbor Kane's attorney, I would only comment that the grading of the Bury property is complete and the drainage structure is in place. Having seen personally the non- functional status of Kane's elevated drainage basin prior to construction of the Bury residence, and noting that Bury's drain is set practically a foot lower than Kane's drain and will not only keep Bury's drainage off Kane's property but will help to solve Kane's pre- existing problem by accepting Kane's drainage also, I fail to see that Kane has a valid concern. Fee -- Receipt / Initials, CITY OF 02000 - 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) ---------------------------------------------------------•------------------ PROPEi'Y LOCATION � Site Address _� 7 _ 5- L wp( V P�iluf Lep. J Property Identification Number (P.I.D. ) O / / % Please check one - Is the property _'�K, abstract or torrens? Attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Phone ( home) y 1 Name w u-t aoa L , U%� Phone (work) �I '7 - N11 0 11 Address: �,E,'L;City: Zip: OWNER (if different than applicant) Phone (home) Name Phone (work) Address: City: Zip: Date Property Acquired (month/year) I (do) �d!oDnot also own the adjacent parcels of land. ------------------------------------------------------------------- PRE8ENT USE OF PROPERTr Present Zoning District i FArr%L:.�G EjrIA - Present Use of Property Residential Other (specify) --------------------------------------------------------------------------- DUMPTION OF REQUEST Estimated Construction Cost $ C> Describe request in detail: Z'(-.) `F^%jE EY1�ftrJ UR�.��.✓�r, iN PffrAr-T ['t.1uy1 6 ")Aj --------------------------------------------------------------------------- VARIANCU RIQUIRED Lot Area Lot Width Hardcover Setback Variances ( Front Side Rear) Other -TL3 Myr ._:r1L1frF.Llar JV AS& rJ,1► � ..,. t ►( .Mf:-rf'En2c &• -----------_-�--------------------------------------------------------- 'HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: -TrFIL,; ►�,.. ��� CC- jMr,,_, ir.., F TOLA,. ...� _ i U W�VTc:ti� ti� A�-.ti, mPe_,r er,Lf►. T� Ck.:,j P'► dtf-r.1,-A DESCRIPTION OF UNUSUAL PROPS Describe unusual pro erty Code Requirements: -rnr P RTY CONDITIONS conditions preventing compliance with Zoning ail LL_ -- NL4 DrA1F(a)4., 6AA,) -�, L.." A7.Lc-0 P. c Ti7 r_ ------------------- ----------------------------------------------------- -- REQUIRED SUBMITTALS I. Completed Application Form 2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature _ _ Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/h.:r knowledge. T�� Applicant's Signature Date ���( 0#0 , W 7 OWNERS SIGNATURE i 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 verificat10 thi ques Owner's Signature Date --------------------------------- ----------------------- -------- Applicant must have all submittals into City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council, and, if an applicant is unable to attend a scheduled meeting, to please make arrange- sents to have an authorised agent attend in your place and to advice the Building i Zoning Office of this change prior to the meeting. T - r 7i LOT iFPQmG PARK 240 p11�; 0 1♦ ';C C� - --j57 r1v� i 1 ASTER •O � 1 Mr f 0 7S s PART OF* 114SHIF / IQ OF LOT i. SPRIWG P i• T_' 00 OP 3!00 I►,� -- �- L -----------';- (.11 t• 3200 11 sp a! b • 9 \ Ate .1 / ° '� J�31' •fit . 2 go +w.�.....: ,�.. __. - �i i.. �� %'� �7' � 0.7 •� �� r'� S ( �_.s '��� a �� • v/� p� sTrnj C� ARDCOYER CALCULATION NORKSHEET L o-r fa� A '7S- Z /7S x LD Sgtbwk game: (circle one) 0-75' 7S-2S0' 250-500, 500-1000, alaslordcowor is zone a. Rooee Is t . r _ s.f. length width — x 2 V . •.f. f ? . i G% • -� 2- �.f. _.L__ = C3 -2- a. t . x a.t. b. Gare • a. 7 2 ,wc• . —� c. Driveway x —+�^ s.f. 2 C d. Sidewa/k x a.t. e. ►atio/ �_fy`. RL� • . _ • y� �/ s.t. Deck f . "landscape x • s.f. areas underlain x s.t. by plastic sheeting x . s.f. x s.f. �tp,E N- x _1$� I z f. OtMl�4 . i � s.f. a _ • l.f. 11"AL RX I tT I NG NA NDCOV!a in goat • —L�1�! a. f . ( 1 ) 's J 1; Existing Hardcover • Total Existing Hardcover x 200 Lot Are• within Zone �{1 s . t . x 100 '7 D• ' O .r t �• � AZ ? - �{ �J Additional Hardcover to be added in None:~t � � Item Length x Width . Tip y s;f. r 11 ._ x . s . f . x s.f. TOTAL S.F. TO BE ADDED (2) Existing Hardcover to be Removed, if any: Item Length x Width • TOTAL s.f. x - s.f. x a s.f. _ - l.f. TOTAL S.F. TO BE REMOVED (3) Final Hardcover Proposal: fLine (1) ♦ Line (2) -Line (3)) - • — I . s.f. (4) Existing To be Added To be Removed Final Proposed Hardcover • - Line (4) a 100 • -.-... s.f. • :,00 • Line (1) s.f. RJN DATE 05/20/87 EATCH 001 38 20-117-23 23 0001 FPOP ADDR 02683 CASCO POINT RD 0"^:ER I -ME BEVERLY SMERLI'dG TAXPAYER BEVERLY SMERLING II-'ME/ADDR 2:52 W LAKE OF ISLES PKWY MPLS MN 55405 38 20-117-23 23 0004 PROP ADDR 02697 CASCO POINT RD O:.:ER N,%:IE A A C KAHE TI.XFAYER A LA19?ENCE KANE NAHI/ADOR 2697 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 0020 PROP ADDR 02677 CASCO POINT RD C'..:ER t fIE ALEXAMER HOLIER ETAL TAXPAYER A HOLZER MME/ADDR 2677 CASCO PT RD WAYZATA MN 55391 38 20-117-23 24 0020 PROP .ADDR 02750 CASCO POINT RD C'--;ER NAME DALE A CHRISTENSEN A WIFE TAXPAYER DALE A CHRISTENSEN NAME/ADOR 2750 CASCO POINT RD CRONO MN SS391 PROP ADDR C'—'lER KAHE TAXPAYEF TOTAL BATCH 001 00012 NAME/ADOR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY O.&WPS LIST 38 20-117-23 23 0002 0:691 CASCO POINT RD ROBERT K HUNT ETAL ROBERT K "4T Z691 CASCO PT RD WAYZATA M 55391 38 20-117-23 23 0005 0^715 CASCO POINT RD M A B LE019iAROT MICHAEL A BEVERLY LFONIAROT 2715 CASCO PT RD OP0:30 MH 55391 38 20-117-13 '-4 0001 02684 CASCO POINT RD MEDDORE C DANTIS DAVID RLRB(LE 2684 CASCO POINT ROAD WAYZATA M 55391 38 20-117-23 24 0021 02710 CASCO POINT RD HOWARD T MARTIN H:IIT SEARCH $366 400 SHELARD PLAZA S MPLS MN 554,E REPORT NO. PI411A01 PAGE I 38 20-117-23 2S 0101 0269S CASCO POINT PO W A A BUR Y W I L LARD A At" r. PAJP Y "6^+5 CASCO MINT RD ORONO MH 5 S VJ I 38 20-117-23 23 0006 0."74S CASCO POINT PD S R PETEPSON A K A PETFRSON STEVEN R PETERS,'AI 2745 CASCO POINT PO WAYZATA MN 553+1 38 20-117-23 24 6003 62684 CASCO POTOTT RD THEODORE C OANTIS DAVID RUAKLE 2684 CASCO PT RO SO WAYZATA MH 55191 38 20-117-23 24 0022 02700 CASCO POINT RD K A T ROLF KEVIN E ROLF 2700 CASCO PT RD WAYZATA MN 55191 I CERYIFY THAT THE FACTS RE— ESEMED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE E RECORDS OF THE HERB:SPIN COUNTY DEPARTMENT OF MOPE�7 TAXATION, TPE BEST OF MY KNOWLEDGE AND BELIEF. OAT�-�Y m/V1 � 49 J #1 O -OV, HARDCOVER CALCULATION WORKSHEET i.AKESHORE A. Existinv B. Existing C. Existing hardcover D. Proposed E. Proposed hardcover. F. Allowed SETBACK lot area hardcover percentage hardcover Percentage hardcover ZONE :n zone in zone [ (B:A) x 1001 in zone [ (D:A) x 1001 percentage 0-75' '7 sf sf p/o sf 0 ^ 75-250' r sf 7�1r0 �� J sf % 25 '/•, 250-500'7G'� sf %UQ sf �o ��C7 sf� 30 �J 500-10G" ' sf sf �� sf % 35 Directions: A. ExIstinq Lot Area in Zone - includes the tctal 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. Existing Harc'.cove_ 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 he necessary. RAMSTAD, THEISEN & KENNEDY CHARTERED ATTORNEY! AT LAW 3918 BEAU•D-RUE DRIVE CEDARVALE HIGHLANDS EAGAN. MINNESOTA 55122 ROGER J. RAMSTAD JOEL A. THEISEN JEFFREY W. KENNEDY June 5, 198'1 City of Orono P.O. Box 66 Crystal Bay, MN 55323 RE: 2695 Casco Point Road Dear Sirs/Madam: TELEPHONE 141 ZI 452-4252 As you are aware, I represent the Kane'z in a lawsuit for damages caused during the period of construction of the ajoining property. It has come to my attention that there now is on the agenda for the city council, a variance for hardcover on the installation of the ajoining driveway. My concern in this matter, is that we have had minimal rainfall this season, and as Ruch 1 don't believe the present drainage system has been put to the test. I would simply urge and request that before this variance be granted, that some guarantee be ;rovided to the Kane's that this will not revive any past drainage ;problems, or create any new situations on their property. As you are aware, the drainage in the past has caused ponding, and washed the ground support of the existing system on the Kane's property away causing the -property to cave in. :n addition, damages have been caused to the garage structure, as well as the basement on the Kane's property during the con- struction of this project. The purpose of this letter is simply to ou to the potential problems and concerns of the Kai_ s. Tn that they have endured several years of quite consistent problems over this situation, 1 am certain you can understand their reasonable concerns. sec► RAMSTAD, THEISEN & KENNEDY ATTOPIN ITS AT LAW City of Orono June 5, 1987 Page Two I am forwarding a copy of this letter to Mr. Jon K. Iverson, who is presently representing the City of Orono in the existing lawsuit. Yours very truly, RAMSTAD, TUUS"._j KENN Y, CTi i TERED,, (700 Rogei J. amstad RJR :smb cc: Mr. Jon K. T on ITY of 01 LA)NO PE IMIT . 1 ' N .1 _ 5383 uilding P rmit ID APPLICATIO FO CERTIFICATE OF OCCUPANCY GATE ISSUEDEXPIRES ' . BOX 66, CRYS L Y, MN SITE ADDRESS 3-7357�}J KING DIS IC LEGAL DESCRIPTION. PROP. ID. LOT ___ BLOCK _ _____SUBDIVISION__ IRE ZONE 4�nt I_ ----- ER I e (Address► Rhone AR. DATE RCHITECT ENGINEER - Must Certify Multi -Family, Commercial & Industrial Construction Plans ND. USE DATE IS&CUME R T NO I F i r rn j� (Address' (Phone) rGT AREA c 4DE 8 LU R (Firm► (At I'') (Phonelss , L, A4_4 � &Lj to / 'RO SEO SETBACKS fl—_s _ �i (RO R.SIDE TYPE OF WORK New Addition Remodel Renovate L SIDE / — - 1 LONST TYP ! IUD" '.IIE EST CC,NST VALUATION .AK / WETLANDS �,� �/ —411 , LESS a HESIDENTIA4 STORIES 9 1 2 -1 PERMIT F[ES SLUG PER"AIT n1V EXISTI ( LL 9DWMS F L n v l.PPROV DATE STATE FEE —'� — c,AH STALLS SEPTIC PLAN REVIE':ti -� :T APP DATE 'DUNTY `' PENALTY TATE --- -- "+uti f'E5tD P`+JPrSEh i,SE PARK FEE_ ( A. EASEMENT c►cc a(C�jCQH�ARGE- 1-LASS _ "�/ STORIES COUNCIL ,1nP DATE REMARKS NSPECTION REQUIRED WORK REOUTAING L/ SEPARATE PERMITS FOOTIaGbe#Lw@Dow, FRAMING .oup+ n ►LUMPING `.� 1NiLILATION �..✓ 0ALt SOAHU 90we T.sp.„q MICHANIC:At ✓ 1r,iLl —.._ F 1NA L Ae/O,e ,x r ,0rw V . wGAK �[ YUNO OA W41 "L01 1' A NI ►NMIED Ifv9F1f'TKlN WILL A! SU' ICY TU P[NAt T V YVATEH ' M'!Pf [ ! tr)M ►p.>1l N4 ell I "N, l;ry,+()INti � r 11 l INI, 'ALL9 11AM 4'KP ALL 1 e PM -W FW eT QAt 1 it f(.!RtCA1 I .rrwSuN ACKNOWLEDGEMENT THI HfRf/Y REQtjfSTS I ErIMiSSkUN TO MAKE THE REAL IM►ROVt/MtNTS SrECI0160 ANO OICLAR(S UNOkR PENALTY Of LAW ACKNt')VVjfOGk14E94T ANOACCIPT• ANCF Of ALL INf 01'1MATtON C()NOIT I+)NS AND 11f QUFAE MINTS A[PA€SENTFO fiN THIS DOCUMENT Ttq UNO[R StGNfO F1.1ATF►fR A4AffS TO nn ALL W('NKE IN •,TAtCT COM Pl1AMCf WITH AtL CIT Y Of f "OftO ()RONrANC1 S ANti STATE FM M(NNF4OTA IIUt Iti!, [( - F URItAf tiRtNrt IMN/Tf( #N[ 1 I((1 a e 004^NA I • (ANAAi /4'RP1r irNl �,,1, �� :,1 tN`, City of Orono Document Form November, 1979 CITY OF ORONO fiENNEPIN COUNTY, MINNESOTA DEVELOPER'S AGREEMENT FOR ;Name of Development) (;Jame of Developer) THI i ACREEIIENT, Made and entered into this day of , by and between the City of Orono, a municipal corporation organized under the laws of the State of Minnesota (hereinafter called "City"), and its heirs, successors and assigns, (hereinafter called "Developer"). W I T N E S S E T H: WHEREAS, the Developer has made application to the City Council fcr approval of AND, WHEREAS, the City Council has granted approval for such development on the condition that the Developer enter into this agreement to provide for the installation of improvements hereinafter described on the terms and conditions hereinafter set forth. Initials of Developer Initials of City Clerk r 1 of 7 t NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. Property Description: 2. Improvements: In accordance with the policies and ordinances of the City, the following described publiz or private improvements (hereinafter collectively called the "Improvements") shall be constructed and installed on the terms and conditions hereinafter contained: LOAUC�.�T�� 3. Construction Plans: The following described detailed Mans and specifications for the complete installation of the Improvements shall be submitted by the developer for the approval of the City prior to the start of construction. The Plans and specifications shall conform to all current City standards for all applicable work. Initials of Developer Initials of City Clerk Page 2 of 7 4. Construction of Improvements: A. Commencement Date - 'I1ic construction of Improvements shall begin no later than 61::_/�-- / . /`7V-7 B. Completion Date - All Improvements shall be completed. no later than C. Contractors - The Developer shall select, retain and supervise the Contractor(s) responsible for Improvement constructiot. The City reserves the right to require satisfactory proof of successful experience and adequate financial status of any such contractor. Where required by City ordinance, the contractor shall first obtain a license from the City. D. PreConstruction Conference - Prior to the start of any construction, the Developer and the Developer's Contractor shall meet i•:ith the responsi:_)le City official to review construction plans and schedules. E. Permits - Prior to the start of any construction, the Developer's Contractor shall apply for and receive all necessary permits from the City and/or government agencies having jurisdiction. F. Construction - The construction, installation and materials shall be in accordance with the plans and specifications approved by the City. G. Insurance - The Developer will cause each person who constructs and installs any Improvement to maintain complete insurance coverage including Workmen's Compensatior_ Liability and Property Damage. Initials of Developer Initials of City Clerk Page 3 cif 7 5. Performance Deposit: For the purposes of assuring to the City that the Improvements will be completed according to the terms of this agreement, and that the Developer will pay all claims for work done and materials and supplies furnished, the Developer has deposited with the City at the time of the execution of this agreement, a surety performance bond or an irrevocable letter of credit in a form satisfactory to the City providing that the City is able to draw upor such bond or letter of credit in its sole discretion to complete the Improvements if the Developer fails to satisfactorily complete the work prior to the completion date specified in Section 4 above. The amount of such deposit shall not be reduced before substantial completion of the Improvements. A. Surety Performance Bond - If a surety performance bond is deposited with the City, said bond shall be written in a form satisfactory to the ^ity and shall name the City as obligee thereunder. The bond shall be conditioned upon performance by the Developer of its obligations hereunder. B. Letter of Credit Expiration - If an irrevocable letter of credit is deposited with the City, said letter of credit shall expire no sooner than six months after the completion date specified in Section 4 above, or no sooner than _ whichever is later. C. Performance Deposit Amount shall be 150% of the estimated construction cost. Estimated Construction X 150% = Deposit Amount $_ lCr DC)' $ 6. Fees and Expenses: The Developer agrees to pay all City fees required per the current City Fee Schedule and further agrees to completely reimburse the City for all the variable additional expenses it incurs in regard to the review and approval of the Improvements including, but not limited to, direct City payroll and overhead, costs, and fees paid to consultants and other professionals. Initials of Developer Initials of City Clerk Page 4 of 7 7. Resolutions of City: Developer agrees to be bound by the provisions set forth in all resolutions of the City Council approving the Development. 8. Binding Effect: The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto. References herein to Developer, if there be more than one, shall mean each and all of them. This agreement at the option of the City shall be placed of record so as to give notice hereof to sub- sequent purchasers and encumbrancers of all or any Part of the property. 9. Notices: Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States certified mail (return receipt requested) to the addresses set forth below. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. Notice to City Notice to Developer City of Orono Clerk/Administrator P.O. Box 66 Crystal Bay, Mn. 55323 Initials of Developer Initials of City Clerk Pale ') C),.- 7 10. Tncorperation by Reference: All plans, special pro- visions, proposals, specifications and contracts for the Improvements furnished and let pursuant to this agreement shall be and hereby are mad:; a part of this agreement by reference as fully as if set out h-,rein in full. 11. Disclaimer by City: It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer or Developer's contractors, subcontractors, materialmen, laborers, or any other person, firm or corporation, for any debt, claim, demand, damages, actions or causes of action of any kind or character, arising out of or by reason of the execution of this agreement or the performance and completion of the Improvements. 12. Hold Harmless and Indemnification: The Developer shall indemnify and hold harmless the City, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in con- sequence of the performance of this agreement by the Developer, its employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. 1.3. Remedy for Default: Default by the Developer of any of the terms of this agreement shall automatically result in the suspension or withholding of all permits, licenses, occupancy certificates or other authorizat'_ons issued by the City in connection with the Property included in this development. A. The Developer hereby grants to the City, its agents and its employees, the right to enter on the property for the specific purpose cf constructing or completing any and all of the agreed upon Improvements should the Developer not complete those Improvements by the date specified in Section 4-B. B. The remedies afforded to the City under this Section shall be in addition to any other remedies to which the City may be entitled by law or other agreement. Initials of Developer Initials of City Clerk eage 6 of 7 IN WETNESS WHEREOF, the City and Subdivi have caused this aureemenc to be duly executed on the day and year first above written. in Presence Of: Reviewed for Administration: Date: CITY OF ORONO (Mayor) By (City Clerk) DEVELOPER LIZ And is (City Official) Paqe 7 of 7 Page No. `-------of I D AAI IE fi T SPMALT a 08 RPC A O R TION 6401 Inaustrral Drive, Box 338 Hopkins, Minnesota 55343 612 934 7700 DWO-111LU IO Mr. Willard L. Bur 2695 Casco Point Road CITY. STATE AND ZIP CODE Cwono Minnesota 55391 ARCHITECT I DATE Or PLANS he/eby Submit Specifications and estin . res for Dear Bill: PHONE LOCATION OATr June 30. 1986 We are pleased to quote on the two driveway pads you want installed in your drive at the above address. We will excavate the existing grade to 6 inches, and add 4 inches of crushed rock base and 2 inches of 2341 asphalt wearing course. These will be 100 feet long and 24 inches wide placed at your direction. We would anticipate doing this work in the early summer of 1987 after settle- ment has taken place on the fill installed in 1986. Total cost for the above work is $650.00 payable upon completion. Thanking you for the opportunity of quoting, I remain, Very truly yours, MIDWEST ASPHALT CORPORATION r\� Richard B. Bury, P.E. 1 President J Pages 11! 11t0pOSt hereby to furntsh material and labor -- complete in accordanre with above specifications, for the sum of to be made as dollars tS __ An on~Mt S esrer«NNd to tie sa apet,bed All Berra fii be (n-pieted in s iMrwr etCWd.ne to atandatd p,mbees Any snerel,on or deviatian from soave spvt,l.rs Atrlhoriled bone uleeWrry Nlre teats wll be esetwted only upon written orders and can becnrne an Signal ire ..,�_..�. te+e Mere carer end obw o the esturtste An agreements tonbneenl uton so kes a<r,de.ts or doop eto.r out towhot Own*, To terry bee, turnotlo end oIMr n«eassry inau•aa• '�Jte This proposal may be ow eereeq an hrey severed by wort~ s Como"00r6n Incur once withdrAwn by US if not ACteplerf within _ I1if r of 11rVpa'al - Tilt ,,br)vv prices sl>rt ,roc al�ons a11/ MRA�IrMe er'e SM+Slattery and are hereby eacefrfed you are otAhnerled M do So vwA as SP $tied Peym/nl will be made as Outlined above Oaf 40 Ansoftw SrRnslwe �e��est�elwea�retr���twts��io�t _. _ 0 Io r h o,C�� .P Ae 0 r j� ili�rn • •. .0d PPOWWA to r P4/Q- - �, J t A.`Ir Ai c� JJOrlt�r sLse ��� A i 14 sa/..eie /si! .. +�.� iV ii O/rOAM �. C'Off/.✓ Co., /.viC. s r� L 0rt d AAIC, I�II+•�rlJo sA / / re, / Poo IZ ILr" N, ;• 9 G'/!/A.tLEJ O. OJT .S/TF �LA.V F--" �( � Rr. ►- ,,,r.. ,,,� _ _ L o r 9� .iu0. Jue. wo 2�S / T At • ' AWArAWV RAjMA/ .�• _ � to • _ V — _ � _ ter-+ 7 -� . � - ''' /fS s� /1 Tic t/.o/'•yR• ; e �*M �i � ol A► I-1af� T�JIt�!• 1 ,�� �a r IrN.1I► 70 .. qL GO/rDOA� A. CO/�ff.V co. �A'C. _ ��.,, ,., �; •,eeJeM �. � , i !A'i1*rE,q3 I Ja�YErO.rs LOAM LAA[� AfAWA'd'SOTA G'IJ tw.In� AAr! f 3- 21- I9� ae+u� posfan G,bw./r1 l / 7-dK SCARS, /'"s -Vol Q �fj a a 6 Sbn . 32 Ltze 6t2- s� 1 7� y Yy _ ,�,P2oN 2-V x 2� 1 i lip, �S �tic4 n V ti i ._ 0 � Boom Y 4� �' -7z Cza I k�- e T-�� r e-s �qaav ,A P- %, PW A ec4t-WIA / AL P-er 4t:> - &�r aw -1-11� ` iris r [./ ias,�,,,,i r.�? Certificate off' S N IMS #Ef# for Charles DhV:3rt in Government Lot 4, Section 20-117-2' WROFiNED T N ,.• a o r � • � � sue. � . ., t ♦ • IQ'1 / .rah 4, ! A I bereby eertip tint this is a true and correct _ �> l � *o• ! �"Ms'eawttation of a ssrney of the Y- Orin r bDM""*s of that asrt of rarerna®nt Lot 4p *Wti6R 20, Tomship 10 Morth Range 23 i:as t of the 5th hUeipat varidisw, descrihwd as fellows: Pegirn+ng on the shcr, of LMa ittsetonhs at the point or intersection of said shore with a inc --awn ��with and 90 feet Seuthwosterlyq Masur,.1 et right anClPs, fr-n --he Southwesterly Q Lt lit., S0!' iws �rwt t rl., linScue of pintparuRoad with said :O»tt:westerA. line of Lot 134 and its Southeast- �`v �� to the Sout)+�sterl.• line of Cased point Road (for'raer�.v Orono Avenug); thence Southerly along acid � lrst6�otorly line of Oases Pbir.t Arad to its +rasvrri at right a polnt. of intersection, with a line drawn Parallel with and 150 feet So-th-� 8h a.l s, frco the Southwestarly line cf said :,oL 1;4 and its Southwesterly extension;.eencsV � a paftllel with said Southwesterly line of Lot 134 and its alnnR *a14 shore to the point of beginrino, and VUibL 48MI ehnants from or 1 d thece the loratir.ntofaallrly builwtrgs,on to said shore; ' if any, ther"oa�;/and�all � or r. sa l.A . Seals s 1• = 6Q Drts , 6-23-80 C • Lstua: Iran ■crier tic��1S►29 orcoa A. Coffir. Lay,d S.rveyor and Plarrer Lori; Lake, Kinnesota J / ` J pM. Z - �s- i �2 °l Noma Z. ca i e 1 3p ) - ' f L� ;r• Agendit`_I tem # 2 2 To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: July 10, 1987 Subject: #1161 & #1162 Randy Weestrand, 525 Orchard Park Road - Variance & Conditional Use Permit - Resolution Zoning District - RR-lA, 5 acre unsewered List of Exhibits Exhibit A - Memo & Exhibits of 6/10/87 Exhibit B - Planning Commission Minutes of 6/15/87 Exhibit C - Planning Commission Action Notice of 6/17/87 Exhibit D - Additional Submittals From Applicant 1 - Summary of Neighborhood Net Lot Sizes & Ages of Homes 2 - Plat Map With Designated WetlanIs Plotted Exhibit E - Glenn Cook's Comments of 6/9/87 Exhibit G - Discussion by Staff Regarding Common Ownership Application - #1161 - Request is for variances to: a) Lot area - 5.01 acres total, 3.52 acres net dry b) Rear setback - originally proposed 67' instead of 100' required - revised at Planning Commission meeting to meet the 100' standard - applicant would still like to have 67' considered. c) Number of horses - on 3.5 dry acres, code a 1 I ows 1 horse; applicant request 2 horses. d) Barn/accessory building in front yard - but still is 400' plus from roadway. #1162 - Request is for conditional use permit for driveway near the edge of designated wetland. Planning Commission Action - Planning Commission, at their 6/15/87 meeting, voted 3-3 to approve variances for lot area, barn in front yard, and 2 horses subject to meeting the 100' rear setback. Affected neighbor Kokesh had not submitted his comments as to the setback variance, so applicant asked Planninq Commission to consider the request without the setback variance. Planning Commission also voted 5-1 to approve the driveway conditional use permit suhject to redefining the wetlands per Glenn Cook's recommendation. Zoning Files #1161 & #1162 July 10, 1987 Page 2 of 3 Discussion - Please review the memo and exhibits of 6/10/87 and the Planning Commission minutes. Also, please note the applicants added exhibits showing lot sizes and configurations in the neighborhood. Finally, please review the common ownership discussion, Exhibit F. Staff would note the following: A. The wetland maps show a boundary delineated from air photos. The 40' contour line on applicant's survey is the recommended wetland boundary. The road crown at the low point is at assumed elevation 40'1 hence the 40' contour is likely the highest probable wetland elevation. Applicant's driveway will just nick the edge of the re- defined wetland. Staff recommends approval of the conditional use permit as outlined in the resolution to be presented Monday. B. As of 7/10/87, we still have no word from Kokesh as to his concerns or lack thereof regarding the rear setback. Applicant would prefer a 67' setback in order to create a larger level front yard area, but can live with 100' if need be. C. Planning Commission generally had no problem with 2 horses on 3.5 dry acres based on the fact that portions of the designated wetland are probably suitable for pasture during certain times of the year, subject to the condition that the horses shall not need to rely on pasture for feeding. D. Planning Commission gave no clear direction as to the variance for the barn in the front yard, however, that structure would be 400, from the road and at least 75' from all. property lines and 100'-plus from neighboring residences. E. Common Ownership - please read the discussion on this (Exhibit F). Staff feels that even though this technically is a common ownership situation, denial of the lot area variance based solely on that fact., is not justifiable from a health, safety, and welfare standpoint. The lot meets the 2-acre minimum area standard that the City has established as being necessary for septic system use. The 5-acre zone was created for aesthetic reasons at the request of the property owners in that area, not for specific environmental reasons. 525 is a lot of record, existed as a commonly owned but separate lot and was undeniably a buildable lot in and of itself until 1/l/75. Staff feels that a denial of the lot area variance would be hard to justify on a health/safety/welfare basis and Eckert would questionably have lost substantial property rights. Staff Recasseenda :ion - Based on the exhibits and information above, staff. recommends: -Approval of #1162, conditional use permit for driveway crossing the edge of designated wetland, subject to: Zoning Files #1161 & 1162 July 10, 1981 Page 3 of 3 1. Grant a Conservation and Flowage easement for redefined wetland below 40' contour line. 2. Keep all fill for driveway out of that easement. 3. Culvert required as necessary at location shown. 4. Advisory to check with Minnehaha Creek Watershed District to obtain any required permits. -Approval of #1161, as follows: a) Grant lot area variance for area of 3.52 dry buildable acres where 5 acres is required. In doing so, realize that a variance to the common ownership section is inherently_ granted. Hardship: no other land available. b) Grant variance for accessory structure in front yard. Hardship: topography, proposed house location, need to meet minimum horse barn setbacks; also justified by 400' setback from road, 100' plus setback from neighboring residence. c) Grant variance to allow 2 horses on 3.52 acres, conditioned on the horses not relying solely on pasture for feeding, noting variable nature of wetland boundary during various seasons. d) Require 100' rear setback, denying variance for same, unless applicant can show a hardship and Council finds no detriment to neighbor Kokesh's property. A reF lution based on the above recommendations will ba ?resented at the meetirc or Council review. Aqenda Item #17 To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: June 10, 1987 Subject #1161 & #1162 Randy Weestrand, 525 Orchard Park Road - Variance & Conditional Use Permit - Public Hearing Zoning District - RR-lA, 5 acre unsewered Application - #1161 - Variance Request a) Lot Area Variance b) Rear Setback Variance c) Variance for Number of Horses 01162 - Conditional Use Permit for dr.;veway crossing of designated wetland. List of Exhibits Exhibit A - Application #1161 Exhibit B - Application #1 2 Exhibit C - Letter cf Requ t Exhibit D - Plat Map Exhibit F. - Property Owners List Exhibit F - Neighbor Acknowledgements Exhibit G - Survey Exhibit H - Wetle-ds Airphoto Pertinent Facts - Total I.ot area = 3301x628' (excluding road) = 4.76 acrea. - Lot area including the road is 5.01 acres. - Dry buildable per airphoto wetland designation is about. 3.3 acres (1.5 acres wetland approximately). - Open water is about 0.3 acres according to survey. - City Engineer Glenn Cook and staff recommend a redesignation of the wetland to follow the assumed 40' contour, leaving a 1.24 acre wetland and 3.52 dry acres. - Only a small portion of the driveway fill will encroach into the re- designated wetland area. - Slopes startinq at a point ?0' east of the house are 16-20%. - Drainfield sites have been tested; primary and alternate sites are suitable for drainfield use (mound0 . Zoning Files #1161 & 1162 June 10, 1987 Page 2 of 3 - The property is in single separate ownership - no other land is available. - As of this writing, we have not heard from Mr. Kokesh, property owner directly to the west who would be most affected by rear setback variance. Discussion - #1161 Variances A. Lot Area. The lot area required in the RR-lA zone is 5.0 dry acres. This lot was divided off prior to the 1975 zoning change from 1- acre to 5-acre lot sizes, but has remained in common ownership with the 4.76 acre tract south of it until the present. ThiE is, then, a substandard common -ownership lot situation similar to the Ferrell application on Watertown Road. The difference, as staff sees it, is that this lot in the 5-acre zone has the minimum of at least 2 dry acres to eliminate the concerns of unsewered development on small lots. Remember that the 5-acre zone was created because the rural property owners wanted it that way for aesthetic reasons rather than sewage treatment needs. In reviewing the plat maps, it is apparent that this is a .unique situation, in that there are very few (3) undeveloped 2 to 5 acre PR-lA parcels that are in such a common ownership situation, and staff feels %.hat approval of this lot area variance for 3.5 dry acres will not cause any future health, safety, or welfare concerns related to on -site sept:.c systems. B. Rear Setback. The topography on this property is varied, with slopes ranging from 0% to as much as 30%. The Applicant has placed his proposed house in order to create relatively flat front and rear yard areas without the need for major grading work. Staff, as of this writing, has had no comment from the neighboring property owner who would be affected, Mr. Kokesh. Staff has no real concerns about this location as long as Mr. Kokesh has no objections. The property to the west is even higher, so that the impact on future development of Kokesh's property is likely very minimal. C. Variance for number of horses. Refer to Section 10.20, Subdivision 3 (M) (amended) which states that animals are an accessory use in RR-lA as follows: M. Animals. The keeping of domestic animals for non-commercial purposes including horses for the use of the occupants of the premises. A minimum of one acre in aggregate, exclusive of one acre for the principal building, must be available for each animal unit, except as hereinafter set forth. A minimum of two acres of o' pasture must be available for a single horse and one additicnal i must be available for each additional horse. When the horses are kept stabled and do not require pasture for feed purposes, the minimum pasture requirement may be adjusted at the discretion of the Council. Such minimum pasture acreage shall not include low lying lands unusable for pasture or grazing. Any person keeping such animals must comply with the provisions of the City Code. Zoning Files #1161 & 1162 June 10, 1987 Page 3 of 3 Technically, the ordinance requires 4 acres of dry land for the keeping of two horses. Applicant is requesting to keep two horses on his 3.5 dry acres, based on the fact that a good portion of the wetland is actually fairly dry and usable as pasture. This is a variance request we seldom see, but it is likely that there are places in the City with two horses on even less acreage that have not been a problem. Staff suggests that since the ordinance gives the Council some discretion as to required pasture area, and because the total property is almost 5 acres, that the variance to allow two horses might be appropriate under the condition that the horses be kept stabled rather than relying on pasture for feeding. #1162 Conditional Use Permit According to the wetlands designation on the airphoto, the wetland on this property runs all the way across the lot. However, the topographic survey indicates that the property rises in elevation at the north end. As a result of an inspection by staff and City Engineer Glenn Cook on 6/5/87, it is recommended that the wetland boundary be redesignated to coincide with the assumed 40' contour line (Exhibit G), leaving a defined wetland basin area of 1.24 acres. Based on this designation, and per applicant's proposed driveway plan, only a minimal amount of grading or fill work will be needed at the very northern edge of the wetland. Staff recommends approval of the conditional use permit for grading within the wetlands, subject to: 1) Redesignatiun of the wetland to the assumed 40' contour as shown on Exhibit G. 2) Applicant to grant a Conservation and Flowage Easement over the wetland (applicant to provide meets and bounds legal description for wetland). 3) Driveway grading to adhere to proposed plan - culvei-* size to be verified by City Engineer. 4) Applicant is advised to contact the Minnehaha Creek watershed District (473-4224) and obtain any permits they might requite hosed on the redesignated wetland. 8�ary of Staff iteca ndation - A. Recommend approval of lot area variance. B. Recommend approval of rear sot back var i anC-0 but lPf-t to nc va 1 Is! objection from Kokesh. Zoning Files #1161 & 1162 June 10, 1987 Page 4 of 4 C. Recommend approval of variance to allow two horses subject to finding that the horses will be stabled and not reliant on pasture for feed, and based on potential use of portion of designated wetland as pasture in dry seasons. D. Recommend approval of conditional use permit for driveway construction near/in wetland, subject to conditions 1-4 noted above. /s 1",4 f- L h. S re. l AWN r a f � 7 • ()w) lli i Orl �T .r- ----- C-•'/ S# S 7 CITY OF ORONO - VARIANCE APPLICATION Fee ;)�.-( y Re ccipt�i i Initials r,• Initial Application rce $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 !c 1�15' O f 60.Rr4 PV� r \,c Property Identification Number (P.I.D. ) 31 \\ S 2.3 \y 0002, Please check one - Is the property abstract or X torrens? Attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Phone ( home) yZ.O -3 S 1 S Name �R� Phone (work) S Address: 8 A V city: Zip: -------------------------------------- A ---------------------- OWNER (if different than applicant) Phone (home) T Name f , C�c \ Phone (work) -- Address: �3�G �F fy, ?��,1� ✓ C1 y: %'. ��' Zi.p+ Date Property Acquired (morn. ar) -----I (do) do not also own the adjacer parcels of land. PRESENT US3 W PROPER'i'Y Present Zoninq District -4- 1 A ( S6;G Present Use of Property `% O,-LSLWn. :i , O� y,,4 Residential 'her (specify) ----------------------- ------------------------------ DESCRIPTION OF REQUEST Estimated CListruction Cost sftft A Describe request in detail:,sck_,,A-�q_� iJa+��`1�.1t VARIANCES 11 '1IR ' Lot Area Lot Widi n -r 11Ardf7over Setback Variances (_ Front Si Cie Rear) Other * cif _ __ _�._� _� _ V •►r HARDSHIP Describe undue hardship or practical diff'culty r sulting from str� enforcement of zoning regulations:-4',y-C ---- ---------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property co ditions preventing c mpliance with Zoning Code Requirements: SCt oS�t*,-x'rk iJ ^ r,r n iy IL --------------------------------------------------------------------------- REQUIRED SUBMITTALS (1. Completed Application Form 2. Certified Property Owners List of owners within IX0' (you can ohtain this list from Flennepin County Department of Finance A-603 Govt C-nter 348-3271). 3. Stamped, legal sized envelopes (#10) pre -addresser' n each of the names on the above list with no return address. 4. Certificate -f survey including h4rd over calculations as required. 5. Plat Map. ------------------------------------------------------------------------ The Applicant and Property Owner must sign this application. Ple- remember that your variance application is not complete if the above information has not been included. Certification by Zoning Department that Variance Application is complete Zoning Official's Signature Date APPLICANT'S SIGNATURE The appiicant hereby Tees to provide all information required or requested by the Zo ng ririnistrator_,,, agrees to pay all fees and/or unusual expenses in rred i re,!iew of this plication, and certifies that the information su plied is true and corr t to the best of his/her knowledge. Applicant's Signature 1 � ice` _.� Date 5-\ 8 -B72 OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investiga- tion and verification of this request. Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning commission Meetings are held on the third Monday of each month. Applicants must be Present at all scheduled review meetings of the Planning Commission and Council., and, if an applicant is unable to attend a scheduled meeting, to please make arrange- ments to have an autho azod agent attend in your place and to advise the Building i Zonine, Offl-e of this change prior to the meeting. 21 CITY OF ORONO GENERAL LAND USE APPLICATION --------------------------------------------------------------------------- PROPERTY LOCATION Site Address S'Z.,S Cyr c"4 N'\-c Property Identification Number (P. I. D. LI. 1 V o OOZ 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 ' , 1 Phone ( home) `"1'L0-3 SS -1 Z Nameo�y�, W e�.g� r o� v� Phone (work) S`A 6 - 885 1 Address�City \e rA,, .4 Zip S 536� --------------------------------------------- OWNER ( if different than, applicant) Phone (home ) l/�_ S y Jg Name�e s� t \�29r �S�—� c1�e'f'�t Phone Address ��36 o�Q,,�,i.,, City �J; ,"�r� Zip 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/Bldg $250.00 d) Commercial/Industrial Use X_$200-00 f ) t-Land Alteration vGrading and filling - 101 cu. yd. or more Seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule O?eiR APM,%.ATIOMS $150.00 $250.00 $150.00 $ 50.00 $250.00 $200.00 Other - Commercial Site Plan Review (+ c Sultant fees) Vacation Easement Vacation Easement Vacation With Subdivision Rezoning Appeals see fee schedule PRESENT USE OF PROPERTY � Present Zoning District _ Y 2 Present Use of Property VOI-tar►_� ke►y4 Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST rr -- Describe_request in detail: ��..� doh' S.�-q�t �••c.�.�T-�'� \\ we�\,+ 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 each of the names 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. Please remember that your application is not complete if the above information has not been included. --------------------------------------------------------------------------- Certificat.ion by Zoning Department that Land Use Application is complete. Zoning Officials Signature Date APPLICANT'S SIGNATURE The applicant hereby ac3.L*,,es to provide all information required or requested by the Zoni� Adkiinistrator, agrees to pay all fees and/or unusual expenses incur ed i�i.review this application, and certifies that the information supplied is true and corredt to the best of his/her knowledge. I l Applicant's signature 1 \ _ Date s—\ 8 _t77 OMINBRS 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 off this request. Owner's signature Lt."- _ Date S�/zc --------------------------------------------------------------------------- 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. Appl icants must be present at all scheduled review meetings of the Planning Commission and Council, and, if an applicant is unable to attend a scheduled meeting, to please make arrangements to have an authorized agent attend in yiur place and to advise the building i Zoning Office of this change prior t� the meeting. ^R 4::��UALITY j HOM ES, INC. 525 ORCHARD PARK ROAD VARIANCE NARRATIVE I. LOT AREA VARIANCE Description of Request: (Note - Subject property is a Lot of Record) I wish to build a single family home on a five acre lot in a five acre district, but the lot contains 1.6 acres ± wetland. Hardship: As no land is available to add to this parcel, it is ;lot buildable without the variance. 2. REAR SETBACK VARIANCE Description of Request: Ordinance calls for 100' rear yard. I request a 67' rear yard. Hardship: The front 320' of the lot is low and not buildable. The center 190' of the lot slopes upward at grades of 15% to 45%, making it not feasible for construction. The rear 160' is relatively flat. making it the only feasible spot for a house. I propose a 67' rear house, and a 59' 'front yard'. Enforcement of the 100' rear yard seebarf would reduce the 'front vard' to 26', making-onstruction not feasible. 3. VARIANCE FOR NUMBER OF HORSES Description of tequest: After acreage deduction for wetlands, ordinance allows one horse. I request a variance for two horses. Hardship: Approximately 1.6 acres are designated wetland. However, approximately 1.1 acres of the wetland are dry and suitable for pasture. Since the hillside is not suitable for building or yard area, the home and yard are forced into the small level area on the hill top. This leaves less yard but more pasture than would be 'typical' of a five acre hobby farm. Without this variance, it would not he easible to build a hobby farm on this site. L I�! RUN DATE 05/22/87 BATCH 001 38 31-118-23 11 0005 r.. PROP ADOR 40665 ORCHARD PARK RD OWNER NAME J A M PIDGEON TA)!PAYER JONN 6 A MAGOALEN M PIDGEON N4"E,'ADDR 10912 GLEN WILDItZ LA BLOOMINGTOtl MN 5514 31 :w 38 31-118-23 14 0001 PROP ADDR OCS85 ORCHARD PARK RD 16*4ER NAME 0 i H THOMAS TA: -,PAYER DC44ELL 0 A HENRIETA THOMAS s t:AME/AGCR 585 ORCHARD PARK RD CROW t!N 55356 38 31-115-23 14 0004 PROP ADDR 04100 WATEPTOWN RD OWNER NAME F i S VIWE SH TAXPAYER FRANK YCkESH N ME/A00P 4100 WATEPrOWN1 RD MAPLE PLAIN t'1 55359 38 3T-113-23 22 0035 PROP At39R OC640 CRCHARO LARK RD O illEP MAIM P i R DALEY TAv.PAYER PATRICK DALEY MA,ME/ApOR 640 ORC14170 PARK RD LOTS LAKE- 1 55356 w^ 38 37-118-23 23 0007 PROP ADOR 00480 OPFHARO PARK RD WIER NAME ALGERT T A SAtMRA K ESCO TAXPAYER ALBERT T i 500PA K ESCO N'J1E/AODR 480 ORCIIARD "ARK RD �. OR'o1D MH 55356 HENNEPIN COUNT PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 PROPERTY OWNERS LIST PAGE 1 38 3I-116-23 11 0006 38 31-118-23 11 0007 00615 ORCHARD PARK RD K & A LAM GRACE M RILEY KEVIN M LANG, FRANK KOKESH 615 ORCHARD PARK RD 4100 MATERTOWN RD LOING LAKE flN 5535o MAPLE PLAIN MN 55359 38 31-118-23 14 0002 38 31-116-23 14 0003 00505 ORCHARD PARK RO 00505 ORCHARD PARK RD ROBERT C ECKERT ETAL HILLSBORO FARMS RODERT C i DCRIS ECKERT RICHARD C HUNT 3360 EAGLE BLUFF OR 505 ORCHARD PARK RD MIN3IETRISTA HN 55364 CRC110 MN 55356 38 31-118-23 14 0005 38 31-116-23 14 0006 041t`0 WATERTOWN RD GRACE M RILEY F E S KOKESH FRANK KOKESH FRANK J i SUSAN M KOKESH !, 4100 RATERTOWN RD 4100 WATERTO:Z1 RD MAPLE PLAIN MN 55359 W PLE PLAIN tN 553�7 38 32-116-23 23 0003 00500 ORCHARO PARK PO BRUCE MAYBE PAINTER BRAKE WA'YDE PAINTER 500 ORCHARD PARK RD OROW MN 55356 38 32-119-23 23 0008 00460 ORCHARD PAP1( PO ROBERT J i LOPRAIt:: E RODEtI POVERT J 6 LOPPAINE E ROOEN 460 ORCHARD PAJK RD ORON D t41 55356 38 32-118-23 23 0004 005SO ORCHARD PARK RD CO WELO L CA?RUINERS CON SU£LO CILPRUTHERS 580 ORCHARD PARK ROAD LON7G LAKE MN SS356 TOTAL BATCH 001 00014 •�- �- 9 � ♦�wrGQ ��oZ\\\, ` o w •, Vk ORONO-38 SEC. 34 T //8, R. 23 p� ac O: WO rzl S lb —=,— - _� - P�-- , ', — F— --- -- — �'--' jig , • \ - - t � �•: -i•� ^ � r 1 .. •� � � , N t•a - �f / • ,' � !t', Y/ I s.� ter. Q .•,a • • 1,' — - �! -- — � III -,, � RUN DATE 05/,'2/87 BATCH 001 HENNEPIN COLWY MOPERTY INFORMATION SYSTEM T70PERTY OWNERS LIST REPORT NO. PI435401 PAGE 2 r+� ,t Oft I CERTIFY THAT TTil FACTS RETFESEtl7t0 APE AN ACCLnATE ENO TRUE REPRESENTATION Gf INfMMATIC:J AS IT APPEARS THIS HATE Ott THE RECOPOS OF THE NEWT PIN COUNTY DEP`RTMEIIT OF PPOPERV TAXATION. TO WE BEST OF MY KNOWLEDGE A.tt) @ELIEF. DATe5�;2imY Adjacent Property Owners' Acknowledgement '..rm I (we) �:C�nar� �-- �� ^� of SOS Pc.,1� print names print address have reviewed the plans for the proposed improvement or proposed use of the property located at SzS Q�-f�.w�1(��� also referred to as Land Use Application No. . 1` 6 ( / t � (v Z. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. -�-._ J �• J'. Property Owner Date Property Owner Date If you have any information that may assist the City in the revir of this Land Use Application, please submit your comments to the Build...q i Zoning office at least 10 days prior to the scheduled meeting date. V w Adjacent Property Owners' Acknowledgement orm I (we) ..1K o of ��� A [print name(,)] Jpr t address have reviewed the plans for the pL,,Vvsed improy ent or proposed use of the property located at SZ'S O rCL.o. Pk, also referred to as Land Use Application No.(oZ- I (we) understand that in exe,,duting this acknowledgement, I (we) am (are) not asked to declare appr al or disapproval of the property or use but merely to confirm for a City Council that I (we) am (are) aware of the improvement plans Xnd that the proposed neighbor's project or use requires Council appr9,4al. perty Own opyrty owner Date Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building t Zoning Office at least 10 days prior to the scheduled meeting date. ('V\- C �<p J(e5 LO\ w',lI V-a� be C�J Coo �ckwetiJ�joAj-� WIt\ \000 &AC 4�� -,^� -1-,J Adjacent Property Owners' Acknowledgement Form I (we) to n \-o .-r, ^s of [print names) print address have reviewed the plans for the proposed improvement or proposed use of the property located at SJ-T also referred to as Land Use Application No. . \t !o( / 1 ((oZ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. sty tom-• Property Owner ✓ K,1 - '., roperty G e Date Ddte / If you have any in. ion that may assist the City in the review of this Land Use Applicati ease submit your comments to the Building G Zoning Office at least 10 prior to the scheduled meeting date. VW P m 1.9 P ra e m: 0 OWD t • pm 1 r t 1.2 ac. . _ iArWl A L ti C c News ,-w :3 MINUTES OF THE PLANNING `'OMMISSION MEETING HELD JUNE 15, 19L7 i 1 ] 61 RANDY WLP.STRAND 525 ORCHARD PARR ROAD VARY "'ES AND CONDITIONAL U`:LI PERMIT PUBL, •7VA.RING 7:21-7:46 The ii f ic?avit of Publication and Certificate of Mailing was not.--'. Randy Wee -strand was ,resent for this matter. Note t1:at applicant is purchasing this property contingent upon approval of this proposal. Assistant 'Coning Administrator Gafiron explained the requests and pertinent facts as follows: M 1 _. 6 1. - a) Lot area variance- to build a residence - -Totai lot area including road is 1.01 acres (4.76 acres excluding road). -Total dry buildable is about 3.3 acres (1.5 acres wetland approximately and about 0.33 acres of i writer) . Engineer a, staff recommends a rec s.ignation of we, -land to :ollow the assum 401 ._ontour, le v-.ny a 1.24 acre: wet lard a• 3.52 dry acres. b) Rear setback variance to build a house 67' : the rear lot line (where 100' is required) in order to create relatively flat front and rear yard areas thout the need for major grading. Variance to keep 2 horses on his 3.5 dry acres %where 4 a es o` -'ry land is required for 2 horses) bases, on tr, fact that a good portion of the wetland is actual_y fairly dry and usable as pasture. '162 - Conditiona' use permi. for driveway crossing cf designated wec'.and. -Based on the recommended redesignation of wet l .-r ' contour only a minimal am-unt of grading c: 11 work wi 11 1-e meled at the vc -y northern edge of the wetland to iodate applica is proposed driveway plan. -City Enginee Acommends no f.li npl^w the 40' cc.nt.our of wet 1 m . Pegardin=_ contac .,q the nnighbo- Mr. FoxAsh, Mr. Weestran stated he was unable to -ontact m after several ettempts. Zonii.3 Administrato-. Mebusth stated tha` M. Kokes" called the office today and inquired about the setback - proposed and voiced his P*�ectaticn that the City require setbacks to be suet. 9 MINUTES OF THE PLANNING COwMYSSION MEETING HELD JUNE 15, 1987 #1161 WEESTRAND CONTINUED Bel lows voiced c(:-..trn_rn with determininq the dry buildable area base' on today's exceptionally dry conditions. Chairman Kelley noted the fact that the proposed barn is located in the front yard. Fie also felt the neighbor, Mr. Kokesh, should `.)e present to voice his objection. He asked apt-licant why the 100' rear setback for house could not be t.. Mr. Weestrand stated the setback was due to a steep hi 1 1 and noted that he could possibly move the house back another 12' placing it 79' from the lot line. Chairman Kelley found it difficult to approve numerous variances for a future property owt.1r. feeling that his opinion would be different if the a .�o i cant already owned the property. Brown felt str.cngly about preserving the rural 5-acre minimum and found no hardship to grant the variance. J. -ison felt the intent o:- the 5-acre minimum was being met, however, the 1CJ' setback should be met. Bellows stated that the code clearly requires 5.0 acres dry buildable and she is against creating a substandard lot in an are& for which there is no need to create substandard lots. Cohen felt there was not enough information regarding the questionability of the property being a 5 acre site, the criteria based on this dry year, the objecting neighbor not being present, and concern with the title fee owner, therefore, suggested tabling thn application. He also noted that he felt the 100' setback should be met. Hanson agreed with Coh•,-. The major- y of the Pia.,n i.ng Coirmi ssion stated they did not have a problem with granting the variance for number of horses, or the common ownership of the property, and would approve the application if the 100' setback was met. There e no comments from the public regarding this matter ..id the .,uhli c hearing was close Mr. Weestrand requer ed the 1-1,anning Commission make a recommendation at t meeting subject to meeting the 100' r, ar setback requirement. 20 MINUTES OF THE PLANNING Ct"ISSION MEETING HELD JUNE 15, 1987 11161 NEESTRAND CONTINUED It was moved by Cohen, seconded by Johnson, to recomme::d approval of variances (lot area, number of allowed horses, and accessory structure in front yard) in Application #1161 subject to applicant complying with 100' rear setback requirement. Motion, Ayes 3, Nays 3. Kelley, Bellows, and Brown voted nay. Motion resulted in split vote. It was moved by Cohen, seconded by Johison, to recommend approval of conditional use permit in Application #1162. Motion, Ayes 5, Nays 1. Bellows voted nay. APPROVAL OF MINUTES It was moved by Cohen, seconded by Johnson, to approve the Mirutes of the May 18, 19e7 Planning_ Commission meeting as submitted. Motion, Ayes 6, Nays 0. "TANNING COMMISSION REPRESENTATIVE Johnson was appointed to attend the July 13, 1987 Council meeting. ADJOURNI MT 11:34 P.M. The Planning Commission meeting adjourned at 11:34 P.M. 21 ZONING PILE NO. 1161/1162 CITY or ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of 01otice: 6-17-87 ------------------------------------------------------------•--------------- TO: Randy Weestrand COPIES TO: Robert & Doris Eckert 18188 74th Ave. No. 3360 Eagle Bluff Drive Maple Grove, MN 55369 Mound, MN 55364 --------------------------------------------------------------------------- TYPE OF APPLICATION: XX Variances #1161 XX Conditional Use Permit #1162 --------------------------------------------------------------------------- DATE OF MEETING: 6-15-87 VOTE: 3 For 3 Against #1161 5 For 1 Against 11162 MOTES AND SPECIAL CONDITIONS: Motion (t1161): 1) 100' Setback must be met 2) Grant lot area variance 3i Grant variance to allow 2 hDrses 4) Grant variance for barn/accessory structure in defined front yard (between house and roar? VOTE: 3 Fcr 3 Against Motion (A1162): Approve Conditional Use Permit for driveway subject to: 1) Grant a C(-nservation and Flowage easement for redefined wetland below 40' contour line. 2) Keep all fill for driveway+ out of that easement. 3) Culvert required as necessary at location shown. 4) Advisory to c!,�eck with Minnehaha Creek Watershed District to obtain any required permits. VOTE: 5 For 1 Against Planning Commission apparently was not comfortable without any written comments from neighbor Kokesh. His comments woulri be helpful to the Council. Staff is further researching tax records to determine whether this is a common ownership situation under :-jrrent codes. Applicant's next scheduled meeting is confirmed as: City Council July 13, 1987; c.eeting starts at 7:0f) p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review anti approval by the Planning Commission. • 3 �1 AL�t lot Z�81 Z.-o 1 161 v o I61oo I Ot 0 0 1 o� b O t `\ `O N q •1 Z Ifif(4) y 6 7 AST wct(1 •'I D 11� •►ei.1 1.0o ipv1V zoo► c u) NtT tiff 1"try y �•11 • ��1 1 ` .so �f suo (`)a'.1 ,1Z t1f list it 2050 IL I sago TAG ! >> �� W M� �s� 0 F4 1 9.4 ( •1t i ww l�A , ... �... � y.s-• .«NC.�, �7JJ -- —" _ - (t,) (7i 1•� Ac u• , Bonestroo, Rosene, Anderlik & Associates, Inc. O I 2335 W. Trunk Highwey 5; Engineers i Architects SL l ouh sNV 65113 S1Z'M400 June 9, 1987 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Mr. Mike Gaffron Re: File No. 139-1162 Weestrand 525 7lrchard Park Road De.. Mike, Urfo G. A mestruu, P I. Nubrrf N- /uwyh C Ah4r6�, Y f "&Uurd A Lemberg P L RKAwd E 7r ,W. P.L Jrmn C uh—, P L Glrnn N ( wd, P f Awh A Lurd— P f. lAmrmt F hu,rr, I' F NM Awd If hum, P F Nubrrr G Sr Arm. Al, P L US-'. f.. Sonolr, /' f PoM1d C Arrgwdt, P.L Jew v A /urrdun, P L A ufk A /fenu , P f- led K. Fwld. P F Nn br! l Nrrrrrrnn. P [ Nubrn N /'Jr/Jrrlr. !' L Arrrd U Luwl w.. Y 1. /hum.e 11 Nrfrnun. P L .Wr hdw C. L)nr h, P L. A.nn L *Wa. P L J~ A. ANAmad, P L. A;",MA P. Ahderwn, P [ AnrA A. Aw Am"a. P L AN,& N No!/e. P f, ffubrrt C *r &. A.l A 7 Awnri E Angw. P L S, wr L NUMB. P L Cha'A'f A Lr4A-. Lev .W PYrrtaA. '/rrArn .W. [Awn .1rwn .N Etwim We have reviewed the property at 525 Orchard Park Road, The following modifi- cations to the plan should be made, The roadway alignment should be altered to keep all construction out of the 40 contour. The driveway grade should not exceed percent at any point. The 40 contour should be outlined as the edcre drainage easement. There should be a 20 foot wide drainage easement provi.,.,. from the pond to the north property line. If you have any questions, please contact this office. Yours %ery truly, BONESTR00, ROSENE, ANnSRLIK 6 ASSOCIATES, INC. Glenn R. Cook GRC:li 432 3e DISCUSSION Re: Common Ownership/Lot Area concerns for #1161 & #1162, Weestrand I. Since 12-28-70, "Lot Area" has excluded land within the protected area from being Wised in determining minimum area requirements for building sites. (Ord. 125 12-28-70) II. Since 1968 or before, "Lot Area" has excluded area frequently under water which serves_ as a watercourse draining higher land on which sustains emercent aquatic growth or area which has been dedicated as public right-of-way. Current code definitions would imply that both public & private right-of-way is excluded, as are vehicular easements. There is no question that the 33' roadway and the wetland area must �-e excluded from the lot ;--rea calculation per current codes. There is some question whether the road would have been excluded prior to 4-1- 84 and some question whether the low area on 525 met the 1968 definition of excludable wet areas prior to adoption of the wetlands overlay in November 1978. III. Eckert owned both 505 and "525" as of 1-1-75. He was likely aware that the zoning was changing to 5 a-res. He may not have been aware that his property contained wetland *':at could be excluded from his lot area for 525. He would not have been aware that the code would change in 1984 to exclude all right-of-way, not just dedicated right- of-way. IV. 505 and 525 were ;n common ownership as of 1-1-75. They were not in single separate ownership as of 1-1-75. However, because it was not clear that the lots by definition would be eventually declared substandard even though they were 5-acre lots in the 5-acre zone, ..ckert likely had no indication that the lots did not meet the zoning standards. V. Eckert sold 505 in approximately 1977 but kept ownership of 525. At the time of sale, the sale was not apparently i l legal since 10.03 Subd. 5(C) was not yet in effect. Elowever, the City informally adopted wetlands maps in ,tune 1975 that indicated 525 was 1/3 wet, and formally adopted those maps on 11-14-78. It is unlikely that property owners whose properties would become substandard in dry buildable area were individually notified of the adoption of this Ord. 213 which in many cases severely limited their potential for development of their property. VI. At the time of sale in 1977, it is likely that if Eckert had requested a building permit on 525, he would have been notified of the need for a lot area variance based on the official/unofficial wetland overlay maps showing the dry buildable area as less than acres. Zoning Files #1161 & #i1162 Page 2 of 2 VII. With the adoption of Ord. 213 in November 1978, the wetland overlay became official, and at that point 525 officially would have been considered as a substandard vacant lot, requiring variances under the 1975 zoning code and to the 1984 zoning code. Under the 1975 code 525 did not meet the criteria of 31.201 to be considered for use as a single family dwelling purpose because it. was not in single separate ownership as of 1-1-75. The 1.975 code in effect at the time of Ord. 213 adoption in November '78 had the effect of declaring 525 unbui ldable because it implied that "common" ownership substandard lots were not to be considered for Single Family Dwelling purposes (unless a variance is granted). SOlMRRY A. 525 as a separate p- L would likely have required a variance to lot area as of 1-1-75 sin.:e the 5 acre zone was created 1-1-75 and the lot likely included wet areas that would by definition (post 1968) be excluded from lot area, and it only contained 5 acres in total. B. When 505 was sold off in 1977, both 505 and 525 would have been considered as substandard because they both were 5.0 acres less some amount of wet area. C. AL of 11-14-78, official maps were adopted that had the effect of indicating 505 and 525 were substandard in area due to wetlands. D. It is not necessarily true that Eckert was aware that wh,-n he sold 505 and kept 525, that 525 would be considered as unbuildable. In general terms, as of 12-31-74 he owned two buildable lots. As of 1-1 -75, he owned two properties that were questionably substandard. He sold one of them in 1977. In 1978, it became official that both properties were substandard. E. There are no substantial health/safely/welfare concerns with the 4-1/2 dry acre lot at 505 or with the 3-1/2 dry acre lot at 525, regardless of the common ownership situation. The minimum area of dry land to assuage such concerns is 2.0 dry acres per lot. These lots meet that criteria. The 5 acre standard was created for aes,::�:_ic purposes, not for health/ safety/welfare concerns. F. Denial of the variance to lot area probably cannot be sustained by health/safety/welf- . conc.rns. The Alden Anderson and Ward Ferrell denials probably can be sustained by sucn concerns, to a degree, based on current codes and Comprehensive Plan guidelines. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTIONS 10.27 SUBDIVISION 5; 10.03 SUBDIVISION 6(A); 10.20 SUBDIVISION 3(M); AND 10.03 SUBDIVISION 9(D); AND GRANTING A VARIANCE TO SECTION 10.55 SUBDIVISION 8 AND A CONDITIONAL USE PERMIT PER SECTION 10.55 SUBDIVISION 10 - FILE NO. 1161 AND 1162 NisEREAS, Randall J. Weestrand (hereinafter "the applicant") has an interest in the property located at 525 Orchard Park Road within the City of Orono (hereinafter "City") and legally described as follows: The north two fourths of the south three fourths of the Northeast quarter of the Southeast quarter of the Northeast quarter of Section 31, Township 118, Range 23, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has made application to the City of Orono for a conditional u_ permit per Municipal Zoning Codc, Section 10.55 Subdivision 10 and a variance to Section 10.55 Subdivision j to permit the construction of a residential driveway less than 26 fee. from a designated wetland; and for a variance to Section 10.27 Subdivision 5 to allow construction of a single family residence on a lot of dry buildable area 3.52 acres where 5.0 acres of dry buildable area is required; and for a variance to Section 10.03 Subdivision 6(A) to allow single family dwelling use of a substandard property not in sinqle separate ownership as of January 1, 1975; and for a variance to Section 1U.20 Subdivision 3(M) to allow the keeping of 2 horses on a property of 3.52 ac=es where 4.0 acres in area is normally required for the keeping of 2 hoses; and for a variance to Section 10.03 Subdivision 9(D) to allow construction of an accessory structure (barn) between the princ._p._1 structure and the front lot :ine where no accessory structures are normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: ENDINGS 1. This appl icat;o,. .as reviewed as zoning `i les 11161 and 1162. 2. The property is located in the RR-lA Sirgle Family Rural Residential Zoning istrict. 3. The property is approximately 3.52 dry buildabi acres in area. Page I of 6 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. The Orono Planning Commission reviewed this application on June 15, 1987, and re:ommended approval by a vote of 5-1 to grant the variance to Section 10.55 Subdivision 8 and grant the Conditional "tne Permit per Section 10.55 Subdivision 10 for construction a - ivate driveway less than 26 feet from t' edge of a derigne ed weL.land, finding that the wetland bounu ry as defined by the Designated Wetland Overlay Map is incorrect, and the wetland boundary shor.d appropriately be redefined to conform to the assumed elevation 40 foot contour line as shown on applicants topographical survey, and conditioned on n- fill or excavation to take place within that newly defined boundary; and the Pla:•ing Commission failed to conclusively reach a recommendation regarding the variances to Section 10.21 Subdivision 5, 10.03 Subdivision 6(A), 10.03 Subdivision �,(D) and 10.20 Subdivision 3(M), with a motion for recommendation of approval receiving a 3-3 vote. 5. The property in question is a Lot c.f Record existing as a separa* tax parcel as of January 1, 1975. The City Counc-= l finds that the property in quest:)n was in common ownership +ith ar adjacent property which contained approximately 4.3 dry builda' �e acres as of January 1, 1975. The total defined lot area of commonly owned parcels is approximately 7.6 acres. In or,'Fr approve the property in question as a buildable site requires not only a lot area variance but also a variance to Section 10.C3 Subdivision 6(A). 6. The property in question and the adjace parcel which were in common ownership as of 1-1-75 were zone" R-lC, Single Family Residential, 1 acre minimum lot size prior to 1-1-75, and were rezoned to RR-lA Single Family Rural Residential, 5 acre minimum lot size as of 1-1-75 and are zoned RR-lA currently. Prior to 1- 1-75, the two properties cou'd have each been considered as legal building sites, and in i.-ct ,,•ld potentially have been subdivided into as many as 7 total ?.ocs. From 1-1-75 on, the property in question has been consioerec. ; code as a substandard comma, ownership lot not to be normally considered for building site purposes. 7. The City of Orono Comprehensive Management Plan, Part II Chapter 4, page 4-28, the rural residential section of the Land Use Plan, states that for the area zoned 1 dwelling per. 5 acres, "the citizens in this area have a traditional desire for more intensive rural and -iari-agricultur:-i aco-ivities which require and support the larger minimum lot deriel t• Thus, historic land use and not environmental con-ei ns have d- ined this land use classification". The Rural Lad Use Plan a states ge-.e!r, ly that rural densities greater than '. dwel " ny per 2 acres will .,Ut be allowed due to r he potentially adverse environmental impact and Pale 2 of 6 City of ORO O RESOLUTION OF THE CITY COUNCIL NO. because of the need for costly urban services at denser development levels. 8. The applicant has demonstrated that septic systems can be suitably develc -ed on the property. 9. The Councix sir i that development of the property will have no adverse impact. ,)n the environment and the lot size of 3.52 dry buildable acres is in excess of the 2.0 acre minimum lot size required to assuage the concerns of health, safety, and welfare of the citizens of Orono. 10. The variance to 10.2.0 Subd. 3(M) to a, low two horses to be kept on the property of area 3.52 acres where normally 4.0 acres of dry land is r.e..juired for the keeping of 2 horses, is justified by the tact that during dry seasons, a portion, of the designated wetland may be suitable for use as pasture area, supported by applicant's proposal to stable the horses so that they will not need to rely solely on pasture for feeding. 11. The variance to Section 10.03 Subd. 9(D) to allow the construction of an accessory barn structure within he area between the house and the front lot line is justified by L.Le fact that the proposed house location is abutting the 100' rear s,2tback line, and the barn is proposed to be 400' from the front lot line, 75' from the nearest residential lot line, and over 150' from the nearest residence. The proposed location of the house, septic system, and driveway and required 75' barn setback from all lot lines would preclude the barn being constructed within a side or rear yard are.. 12. 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 substantiz property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehersivp Plan of the Ciiy. 13. The City Council finds that granting a Con, tional Use Permit to allow the driveway within the 26' wetland setVdck zone will not be detrimental to the health, safety or gerieral welfare of *_ne public, would not adversely affect ligh air nor pose a f re hazard or other danger to nei hboring p �:*-rties, nor will it depreciate surrounding property values and it t`ie proposed level Page 3 of 6 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. L.k se of the property will be in keeping with the intent and o►. cctives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.55, Subdivision 10 and •a variance to Section 10.55 Subdivision 8 to permit the construction of a residential driveway less than 26' from a designated wetland; and grants a variance to Section 10.27 Subdivision 5 to allow construction of a single family residence on a lot of dry buildable area 3.52 acres where 5.0 acres of dry buildable area is required, and grants a variance to Section 10.03 Subdivision 6(A) to a_ ow single family dwelling use of a substandard property not in single separate ownership as of January 1, 1975; and grants a variance to Section 10.20 Subdivision 3(M) to allow the keeping of 2 horseF on a property of 3.52 acres where 4.0 acres in area is normally required for the keeping of 2 horses; and grants a variance to Section 10.03 Subdivision 9(D) to allow construction of an accessory structure (barn) between the principal structure and the front lot line where no accessory structures are normally allowed, subject to the following conditions: 1. The rear setback for construction of the proposed residence shall be 100' as required per section 10.27 Subdivision 5(B). 2. The applicant/property owners shall grant to the City a Conservation and Flowage Easement over the designated wetland redefined as areas withi- the property below the 40' assumed contour as shown on the topographic survey submitted. Applicant/property owner shall provide the legal description for such easement. 3. No fill or excavating within the defined wetland boundary is allowed. All driveway construction including the necessary culvert, shall take place outside the defined wetland boundary. Applicant is advised to obtain any necessary permits that may be required from the Minnehaha Creek watershed District. 4. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by application for a building permit within one year of the date of council approval, or the special conditions of this resolution will expire on that date (July 13, 1988). S. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 4 of 6 City Of ORONO RESOLUTION OF THE CITY COUNCIL NO. 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 July, 1987. ATTEST: Dorothy M. Hallin, City Clerk Property Owner(s) James R. Grabek, Mayor Page 5 of 6 a� i Me TO: Mayor Grabek & Orono Council Members , City Administrator Bernhardson 1315a� PROM: Jeanne A. Mabusth, Zoning Administrator °aj,r DATE: July 9, 1987 SUBJ: #1163John D. McDowell Woodhill CountryClub,1255 1255 WoodhillAvenue- Preliminary Subdivision - Class III - Resolution Zoning District - RR-lB Pertinent Ordinances A) Chapter 11 Platting Code Specific Sections - Section 11.33, Subdivision 4 - typical section - 3 to 6 lot plat requires 24' minimum paved width - applicant proposed 20' width, requires variance to standard. B) Standard variance for lots not served by public road - (per Section 10.02, Definition 67, 77) - Lot 3 served by private easement, Lots 1,2,4 & 5 served by private road. C) Section 10.02, Def inition 77 - Lot 2 in current configuration does not meet required lot width of 200' at rear of required front yard (50 feet in from road right-of- way). List of Exhibits - A - Application B - Property Owners C - Plat Map D - Woodhill letter 6-9-87 E - Cook letter F - Sathre letter 6-29-87 G - Sathre letter 7-8-87 H - Gaffron memo I - Class I subdivision approved 3/86 J - Option I K - Option II L - Option III M - Option IV N - Septic mapping O - Preliminary Plat Total P►rea = 37.5 acres Outlot B = 20+ acres 5 lot plat = 17.52 acres (13.95 acres dry) ( 3.57 acres wet) Zoning File #1163 July 9, 1987 Page 2 Review of Subdivision - in March of 1986, the City approved a Class I (metes and bounds) division of the John Pillsbury estate allowing the estate house on a acre tract to be divided _ off for independent sale with the remaining parcel B to be combined with the adjacent Woodhill Country Club land (review Exhibit V. The City has required Woodhill to join in with Mr. McDowell as an applicant bec ise the act of dividing off the 17.5 acres for development from the lar,, r 37.5 acre property requires subdivision approval. The parcel to be retained by Woodhill is designated as Outlot B. The survey now locates the former Pillsbury estate in addition to the private driveway that will serve proposed lot 3. Mr. McDowell proposes a 5 lot division of the remaining area (17.5 acres) served by a proposed private road with the exception of Lot 3 served by an existing private driveway - note that the driveway still serves only 2 residences and can remain under status of private driveway. At the time of the 1986 division, an access easement was obtained over the west 75 feet of the 5 acre estate lot for future access alternatives. Lot Configuration - All lots but Lot 2 satisfy lot design standards. Lot 2 does not meet the required 200 feet of width 50 feet in from road right-of-way. The developer has realigned the cul-de-sac more to the east opening up `.he restricted building envelope of Lot 4 but claims severe hardship if they must meet the lot width standard for lot 2. Review Mr. Sathre's statement of hardships, Exhibit F. Briefly to review, h•e notes them as follows: 1. Loss of substantial tree cover. 2. Severely restrict Lot 4's building envelope. 3. Requires driveway easement to serve Trot 1 because driveway slope is minimized at designs'-.ed location. The Planning Commission appeared to have no problem with the variance for Lot 2 as there is adequate area in lot 2's building envelope. Lot 4 was a concern but as already noted the cu i -de-sac has been moved and Lot 4 is less restricted. Drainage - The preliminary review by the en(jintcr of the drainage has been noted as follows: A) Designated wetlands shown on Lots 4 and 5 should be shown with a drainage easement line at the 957.8 elevation. The outlet control for this wetland should be shown on Wo(.)dhill Avenue. B) Ponding area on Lots 2,3 & 4 should be shown with a drainage easement line at the 960.5 elevation. A 20' drainage easement will be required between the pond and south line of Lot 3. Zoning File #1163 July 9, 1987 Page 3 The City will ask for conservation and flowage easements over all wetlands and drainageways. Septic Review - refer to Exhibit H Testing has confirmed suitable area .for on -site sewage treatment systems. Lots 2 & 3 will require mounds. Staff is concerned that these test areas may be the only suitable sites for septic treatment because of the wetlands and steep topography especially true for Lots 2, 3 and 4. Staff must ask that all septic test r,reas be protected wirh fencing prior to road construction and lot gradi:ig. Issue of Private Road and Woodhill Avenue Private Road The developer proposes the road at a minimum paved width of 20 feet hoping to minimize the loss of trFes and major land alteration required with road construction because of the difficult topography. The Planning Commission supported the applicant's desire to preserve the woodlands and existinu amenities of this unique property. Staf'. has reviewed the r nad plans and walked the site with the applicant. The City Engineer, in his report, (Exhibit E), has responded to the applicant's request but in consideration of specific safety standards must recommend the following design standards: 1. A 22 foot paved width because of the difficult topography. 2. Minimum width for the section of road with the retaining wall to be maintained at 26 feet to the shoulder point of impact. 3. Cul-de-sac diameter must be 80 feet. The majority of the Planning Commission (3 to 2, 1 abstention) supported the engineer's recommendation - the minority opinion felt the 20 feet paved width would have been adequate. Woodhill Avenue Woodhill Avenue is substandard per public road standards for a road that would now serve a total of seven residential units (3 existing and 4 proposed). The paved width is approximately 16 feet wide - platted right- of-way is 60 feet. The actual travelled road at the east end already encroaches the Woodhill property and private improvements have been installed in the road right-of-way along the north side. The developer has stated that additional right. -of -way would be granted at the east end from the subject property rather than create problems for existing resident. Zoning File #1163 July 9, 1987 Page 4 The neighbors appeared beforf. the Planning Commission stating strong opposition to any upgrading of Woodhill Avenue in addition to a turn -around at the east end of Woodhill Avenue. Staff has not received any letters from neighbors as of this writing but it is my understanding that neighbors will be present at the Council meeting to voice their concern. The engineer recommends the following regarding Woodhill Avenue: 1. A 80 feet diameter cul-de-sac installed at the Antrance to plat road to minimize traffic on private road. 2. Additional right-of-way granted by applicant for cul-de-sac - note applicant has in addition dedicated right-of-way to the Woodhill property line. 3. Woodhill Avenue to be upgraded to 24 foot wide street section from the west edge of the plat to the first cul-de-sac. The majority opinion of 3 supported installation of the cul-de-sac at east end of Woodhill but did not approve upgrading of Woodhill to 24 feet width by the developer. The minority opinion of 2 felt the right-of-way should be dedicated for future road improvement but that cul-de-sac was not necessary at such low level use (7 units) and that cul-de-sac within plat that was to meet all safety standards could serve as turn -around. Please review the applicant's position regarding the proposed improvement of Woodhill Ave, Exhibit G. Options for Council's consideration regarding road issue: Option 1 - see Exhibit J, total development of roadways as private road, 24 feet M.P.W. with 80' diameter cul-de-sac at end of road. As road extends into treed area, roadbed could be less restricted except at retaining wall section. Road may be renamed and homewoners assocation required for all 7 users. Option II - partial upgrade of public road (see Exhibit K). a) Dedication of additional right-of-way for realigned cul-de-sac at entrance to private road with developer installing cul-de-sac and providing additional right-of-way for Woodhill Avenue for future read improvements. b) Private road to be installed with cul-de-sac. Zoning File #1163 July 9, 1987 Page 5 of 5 Option III -• major upgrade of public road (see Exhibit L). a) Installation of 24' minimum paved width road and dedication of right. of way for an 80 feet diameter cul-de-sac, from west edge of property to east cul-de-sac. b) Private road to be installed with cul-de-sac. Option IV - Minimal improvement of public road (see Exhibit M). a) Developer to improve road up to plat road entrance and dedicate additional right-of-way deemed necessary for future improvement of Woodhill Avenue. b) Private road to be installed with a cul-de-sac. The majority of the Planning Commission supported the proposed plat, the denials of 2 resulted from the road improvement conditions set forth in majority's approval. The enclosed resolution approving the preliminary plat of Woodhill has been drafted with approval of the lot width variance for Lot 2 but omitted any reference to Woodhill improvements awaiting resolve by the Council. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING PRELIMINARY APPROVAL OF THE PLAT OF WOOD HILL APPLICATION NO. 1163 WHEREAS, John D. McDowell and T.V. Markle, Vice President of Woodhill Country Club (hereinafter "applicants") on May 22, 1987 filed a Class III subdivision application with the City of Orono (hereinafter "City") for approval of a 5 lot plat of a property legally described on Exhibit A attached to this resolution and hereinafter referred to as "the property"; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on June 15, 1987, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on July 13, 1987, the Orono City Council considered the subdivision application of the applicants, noting the following findings of fact: 1. The property is located within the RR-lB Single Fa►r„ly Rural Residential zoning district requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2. The property consists of approximately 37.5 acres. Lot 1 contains 2.2 acres of dry contiguous land; Lot 2 contains 2.03 acres of dry contiguous land; Lot 3 contains 2.50 acres of dry contiguous land; Lot 4 contains 2.63 acres of dry contiguous land; and, Lot 5 contains 3.5 acres of dry contiguous land. 3. Outlot B consists of approximately 20 acres and is not proposed for residental development and will be combined with contiguous lands owned by Woodhill County Club. 4. Lot 3 shall achieve access via an existing private driveway easement to the south and Lots 1., 2, 4 and 5 shall be served by a private road that shall access from the north at woodhill Avenue. 5. A single family residence can be constructed on all five lots without the need for further variances. 6. Septic testing has confirmed that all lots have suitable soils and areas for on -site sewage disposal systems. The wetlands and steep topography have placed limits on available, flat, more gentle sloped areas for septic development. Paq* 1 of 4 - r . City of ORONO { RESOLUTION OF THE CITY COUNCIL k NO. 7. The unique character of the heavily wooded, and steep sloped property has required special consideration by the City in dealing with road design and lot development. 8. Lot 2 does not meet the required lot width to the rear of the front yard setback line, the applicants have asked the City to consider the following hardships: a) the need to preserve adequate areas in building envelopes of adjacent lots; b) minimize tree removal; c) provide feasible grades for drives to house locations. 9. Lots 1, 2, 4 and 5 shall be served by a private road that has been designed to minimize the impact of the construction but yet provide a safe use level for the public.. I.ot 3 shall achieve access via an existing private driveway which will also minimize the impact on the property. NOW, THEREFORE BE IT RESOLVED, that based upon either one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of John D. McDowell and T.V. Markle, Vice President of Woodhill Country Club per plat drawing by Thomas S. Bergquist dated June 26, 1987 and further grants a variance to the standard that would require all lots have frontage on a public road with the creation of the private road and use of private driveway and per Section 10.02, Definition 77, grants d width variance to Lot 2 because the lot does not meet the required 200 feet width at rear of required front yard, subject to the following conditions: 1. Prior to the issuance of building permits for new construction, the final plat must be filed with either the Hennepin County Recorder's Office or Registrar of Titles Office, road base installed and approved by City, and, if required improvements are not completed, the developers must execute a developer's agreement and post a letter of credit (150% of cost of remaining improvements). 2. Required improvements: a) Woodhill Avenue b) Privat? road to be constructed per standards setforth in Section 11.33, Subdivision 4 and 5 for road serving 3-6 lots except for changes in design recommended by City Engineer in his letter of June 16, 1987 and attached to this resolution. c) Fencing provided for septic test sites prior to any land alteration. Applicant to contact City upon installation of temporary fencing around all septic areas. Page 2 of 4 ,z City of ORONO RESOLUTION OF THE CITY COUNCIL Ct K' F^ . NO. 3. The following list of final submittals must be •ibmitted to the Zoning Administrator two weeks prior to the regu:.rly scheduled Council meeting on the second and fourth Mondays of the month: Final Plat Submittals A. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"=2001. Drawing to include: a) Lot lines platted per preliminary survey. b) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each sides of internal property lines. c) Dedication of additional right-of-way for Woodhill Avenue per City's request to provide area for cul-de-sac at east end. d) Designate wetlands to be shown on the plat as "drainage easements" - wetland within Lots 4 and 5 at 957.8 elevation and wetlands within Lots 2, 3 and 4 at the 960.5 elevation. e) Designate 20' wide drainage easement over drainageway from pond to south lot line of Lot 3. B. Other documents required: a) Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b) The applicants must provide certified copies of all recorded easements currently affecting the property. c) Execution of the following forms and t ..ents required by the City. Please contact the Building & Zoning staff if you have any questions in the execution of these documents: 1. Flowage and Conservation Easement over all designated wetlands and drainageway within Lot 3. 2. Underlying Road and Utility Easement over road Outlot A. 3. Road Maintenance Covenants - if developer has considered other covenants for road upkeep and maintenance of private road, please see that City gets an original executed copy for review and filing with the plat. ti9e 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. Road Name Request - please see that three .-,oices are submitted. Road name approval is a separate Council action and should be submitted for Council's consideration as soon as possible. 5. Developer's Agreement - to include all improvements not completed by final plat approval. No lot grading or road construction can begin until all grading and revised road plans have been approved by the City. C. FEES TO BE PAID: Total Due $1,300.00 a) Park dedicat.).on fee per current schedule: $200.00 for each residential 'ot at 5, Total Fee $1,000.00. b) Final plat fee - $15n.00. c) Filing f,?e for plat and associated documents $150.00. Adopted by the City COLnciI of the City of Orono, Minnesota at a regular meeting held July 13, 1987. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Paqe 4 of 4 �k 1166 3 to Da t Rec' d s- a— ! S� By CITY or OAONO ..J! ec' d i o 4'01 A3 SUBDIVISION APPLICATION POP; -------------------------------------------------------------------------- APPLICANT Name .�' �� ! ( Telephone Mailing Address �ir1Lj ( jF.�15 + Ur PAOPXRTY Name ` ' ; --;' '' n fi Telephone Mailing Address -4''t. (Attach list if more than one) -------------------- ----------------------------------------------------- -- LOCATION Street Address ' ' t� i � �'Z Property Identification No. (P.I.D. ) Complete Legal Description to be attached to application ------------••------------------------------------------------------------- N=I8TING LhL 4 USX Number of Tax Parcels Development Size Present Use (check) Present Zoning District Acres Dry Land Acres Net Land Acres Total, all parcels Residential; no. of units Other (specify) ------------------------------------------------- ------------------------- P0010"L Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites: Existing Units T New Units --'— Total Units Proposed Gross Density ' Units per y Acres Minimum Lot Size: ' i ` Square loot Dry Buildable Land Proposed Uses (check) __ Residential Other (specify) .«-,.-..------------------------------------------------------------- (0�11lB 1 MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPL PTIO 1. Application Completed ���� 2. Preliminary Plat information on rtificAte o curve t. 3. Certified Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. Certification by Zoning Department that Prel�.minary complete. Zoning Officials Signature Plat Application is Date ----------------------- -- •--------------------------------------------- MINIMUM MATERIAL NECESSARY eUR COMPLETE FINAL PLAT APPLICATION 1. Payment of fees (park fees, filing fee, sewer and water assessments) 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and acceptable form of security. Certification by Zoning Department that Final Plat Application is complete. Zoning Officials Signature Date Sketch Plan Review (Class I, II & III) $150.00 Preliminary Review (Class I s II Subdivisions) $250.00 Preliminary Review (Class III and all non-residential) $300.00 plus 20.00/lot Final Plat Review (Class III) $150.00* *(Plus any legal or engineering charges) --------------------------------------------------------------•------------ Applicant has read the above and hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to -ocess this application and further agrees to pay all additional fees establi led by ordinance. ---- 1��� ��------<'� ��---------------ate -- Applicant's Signature L�, Owner's Signature �' I . 1'a�', .;r c n^.tr, Date ' 1 ,I � Applicant must have alp submittals into ,e City of. ,s i5 clays before the Planning Covaission Meeting. Planning Commission Meetings are usually held on the third Monday of each month. HARDSHIP Describe undue hardship or practical difficulty resulting from sti enforcement of zoning regulations: DESCRIPTION OF UNUSUAL. PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: --------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-6C' Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. --------------------------------------------------------------------------- Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge..Cr�� Applicant's Signature-� ��N oL2��i �.' c �i��� Date ,._,1��/ OWNERS SIGNATURE y 7�' - '7 '3 3 :3 M'>l - It 7'i ? 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 thig requgst. Owner's Signature y `,/ /YVj (�c;��� �,c� J-� Date ---------------------------------------------------------- Applicant must have all submittals into the City offices days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must he present at all scheduled review meetings of the Planning Commission and Council, and, if an applicant is unable to attend a scheduled meeting, to please make arrange- ments to have an authorized agent attend in your place and to advise the Building 6 Zoning Office of this change prior to the meeting. RUN DATE 05/19/87 HENNEPIN COUNTY PROPERTY IMEORMA'rir*t SYSTEM REPORT NO. PI43S401 PROPERTY OWNERS LIST PAGE 19 BATCH 009 38 OL-117-23 12 0001 38 02-117-23 21 0007 38 02-117-23 21 0009 PROP ADOR 00200 WOODHILL RD 01230 WOODHILL AVE 00190 ORONO ORCHARD RD S OWNER NAME WOOONILL COUNTRY CLu3 M 6 FOX A M S FOX JANE ME CLAREN TAXPAYER WOODHILL CHTRY CLUB MARK 6 FOX JANE MC CLAREN NAME/ADOR 200 WOODHILL RD 1230 WOODHILL AVE S 190 ORONO ORCHARD RD S WAYZATA "H 55391 WAYZATA HN 55391 WAYZATA MN S5391 38 02-117-23 21 0010 38 02-117-23 22 0005 38 02-117-23 24 0001 PROP ADDR 00180 ORONO ORCHARD RD S 00265 ORONO ORCHARD RD S 01315 WOODHILL AVE OWNER NAME JOSEPH M ROKKE ETAL VILLAGE OF ORONO DAVID J LINDSTROM TAXPAYER JOSEPH M ROKKE CITY OF ORONO DAVID J LINDSTROM NAME/AOOR 180 DRUM ORCHARD RD P 0 BOX 66 1315 WOODNILL AVE WAYZATA MH 55391 CRYSTAL BAY MN S5323 ORONO MN 55391 M 02-117-23 24 0002 38 02-117-23 24 0043 38 02-117-23 24 0004 PROP ADOR 00320 ORONO ORCHARD RD S 00280 ORONO ORCHARD RD S 00320 ORONO ORCHARD RD S OWNER NAME B i P JAFFRAY VICTORIA H RAICHE B A P JAFFRAY TAXPAYER BENJAMIN S JAFFRAY VICTORIA H RAICHE BENJAMIN S JAFFRAY NAME/AODR 320 ORONO ORCHARD RD S 280 ORONO ORCHARD RD S 320 ORONO ORCHARD RD 5 WAYZATA MTR 55391 WAYZATA MN S5391 WAYZATA MH 55391 38 02-117-23 24 0006 38 02-117-23 31 OC47 PROP ADOR 00360 ORONO ORCHARD RD S 00450 ORONO ORCHARD RD S OWNER NAME S & H OSBORN EDWARD H HAMM TAXPAYER STEELE B OSBORN EDWARD N HAMM TOTAL BATCH 009 00011 NAME/ADDR 360 ORONO ORCHARD RD 406 ST PETER ST ORONO MN SS391 ST PAUL MN 55102 r N �r 38 02-117-23 13 0006 JOHN D 3 STEPHANIE PRUDDEN JOHN D E� STEPHANIE PRUDDEN I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON 711E RECORDS - ,_�44 315 WOODHILL RD OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION. TO HE DEST ORONO MN 55391 OF MY KNOWLEDGE AND BELIEF. !�M DATE S:;� 8Y 38 02-117-23 24 0007 - JOHN S PILLSBURY JR ET AL JOHN S PILLSBURY JR 1300 TCF TOWER MPLS MN 55402 pk Alp is ``% 47 `\� r EVE . WOO 4S 04 WOOUHILL COUNTRY CLUB zull IIA, icO:\D 1;3 7.1M June 9, 1987 Planning Commission Members City of Orono 1275 South Brown Road Wayzata, MN 55391 As president of Woodhill Country Club, I am writing to support the John D. McDowell application for subdivision of the property at 1250 Woodhill Road. The sale of this property for the expressed purpose of residential development was approved by Woodhill's Board of Trustees. If there is any other information you need to move this forward, please do not hesitate to call me. Sincerel Robert J. Dayt in President RJD/fo cc: John McDowell Tom Markle Henry Kingman L. V. Ackman ` 15 "7 Bonestroo, Rosen@, Anderlik & Associates, Inc. 2335 W. Trunk Highway 36 St. Paul, MN 55113 612.636.4600 June 16, 1987 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Ms. Jeanne Mabusth Engineers i Architects Re: File No. 139-1163 Wood Hill Dear Mike, Uttn G B.mnttuu. P f. Nubs( W. Ru.enr, P.L Juxyh C. A"tkNrA. P L Broo.rd A. Lrmbrrg. P L Rtrh" E. Turner. P.L J.mn C. Mon. P E OCR' i 1987 (:Iran R (,.,A. I' ). Auth A b✓dnn. J't Na hard 9' fourr. P ! N"hrrt 6 S. ham. let. Alar.'at I.. Sur.ata, III Potteld C asove'dt. I' L Jnrf A. Bumfdun. P.L Afurf A. Hanson. P L Ted A frrld. P.E .Nn hm jr f outman". e I Rubin N I Ir//rrlr. I' t W.n! U f �Auer. I. L I hums R Nrtenun. P L AferharJ f . L v k h. P. L. Aaron 1. NirJu. PC Jame- R. AL/ond. I' E A—ttnh P. Aer/nwn. P E f title A. Bathnann. P L oar* R. Ruth. P.E Robert C RaWk. A IA T hwnal E. Anew. P. L %..It L Youn,, P L ( hatkf A Lt.A.un ( to AI Iyrrf.A. Ilar/an .N 01.un Juan Af I brrhn We have reviewed the preliminary plat submitted on the Woodhill property. There are several items which should be modified or included on the plan. The designated wetland area shown on lots 4 and 5 should be shown with a drainage easement line at the 957.8 elevation. The outlet control for this wetland should be shown on Woodhill Avenue. The ponding area on lots 2, 3 and 4 should be shown with a drainage easement line at the 960.5 elevation. A 20' wide drainage easement will be required between the pond and south line of lot 3. Drainage easement lines should be shown on all lot lines. The street width proposed for the subdivision is 20 feet. The City standard for an urban street section with four lots is 24 feet with a berm curb. The city standard for a rural street section would be 24 feet with three foot gravel shoulders. We would recommend approval of a 22 foot paved width be- cause of the difficult topography of the site. The developer should provide a cul-de-sac at the intersection of Woodhill Avenue to minimize traffic on the street. The minimum width from the retaining wall to the shoulder P.I. should be 26 feet. The embankment slopes should not be steeper than 3:1. Woodhill Avenue should be upgraded to a 24 foot wide street section from the west edge of the plat to the first cul-de-sac. The cul-de-sac diameter should be 80 feet. Adequate right-of-way should be provided to allow the upgrading rif Woodhill Avenue. Yours very truly, BONESTR00, ROSENE, ANDERLIK S ASSOCIATES, INC. Glenn R. Cook GRC:li 4499e 10c: SOUTH BROADWAY 0 WAYZATA, MN 55391 TELEPHONE 61 2-476-6000 p�6 od�1 J11tie 29, 1987 M.,;. ,Jeanne Mahristh CT TY OF ORONO 1335 South Brown Road Orono, Minnesota 55356 Subject: WOOL) 11T1.1. ,John McDowell Dear hIs. Mabusth: Enclosed are revised copies of the preliminary plat drawing for the WOOD HTU, project. The revisions to the drawing include Outlot 13, the remaining land which Woodhill Country Club purchased from Mr. John Pillsbury (which is now added to the plat.) ; the shortening of ('A t.lot A (the private driveway cul-de-sac:); and the expansion of public street right. -of -way for Hoodhill lane in the area of its present terminus. Linder separate cover, delivered Friday to Mr. Mike Gafron, are copies of the individual sewage treatment and disposal system do -signs for Lots 1 thru 5. In summary, S.P Testing, Inc. has determined that each of the 5 lots is capable of supporting an individual sewage treatment and disposal system and that room for hoth the primary nd secondary drainfield areas eNists. On hehalf of M!SM .associates and fir. John McDowell, we would like to request a variance for l.ot. 2 from the minimum lot width standard. The variance is requested to avoid hardships which strict conformance with the ordinance would place upon the land. We believe that the prelimina,-y plat ag proposed is the bast solution to the subdivision of this property. The cnnracter of the WCX)D HILL property is rol l inr and heavily wr"Jed . Stri rt. conformance with the ordinance standard fc r In'. width at the minimum :xj i l d i ng setback 1 i ne for l,ot. 2 would necess i t.at.e one of 3 options: 1. Extend cul-de-sac: into l,ot 2 until minimtm width ig created, (which would result in the loss of substantial tree cover); 2. "love the common lot line between Lots 2 and 4 westerly to increase Lot 2's width, (this option restricts the Lot. 4 building site thereby creating a hardship on Lot 4); and 3. Move the common lot line between Lot 1 and 2 northeasL%;rly to increase Lot 2's width at the minimum building setback, (the proposed driveway access for Lot 1 would cross thru Lot necessitating a private easement between the two lot ou-ners for access to Lot 1). The access to Lot. 1 is provided in the location where driveway slope is minimizod. The planned building site for ).at 2 lies easterly of the wetland basin which is shared by Lot 2,3, and 4. We anticipate that the house will met back approximately 250 to 300 feet from the common private driveway turnaround (Outlot A). In summary, the variance for lot width for Lot 2 is requested because conformance with the ordinance will not improve the building site for Lot 2 but it would create a hardship on the land. We plan to address this issue further verbally with the Council at their .July meeting. Please let us know if' you neat further data at this time. We look forward to your commE'nts. Si nc:ereIy, SATHRF-BFRGQI?IST, INC. Richani W. Sathre, P.F. 1?WS/clm ,, • : M r • . John hlclhowe 1 1 106 SOUTH BROADWAY WAYZATA, MN 55391 a TELEPHONE 610-476-6000 July 8, 198 Ms. Jeanne Mabusth C:I11' OF ORONO 1335 South Hroun Road Orono, Minnesota 55356 Suhjetrt.: WOODHILL RIDGE Mr. John �k-Dot:ell Dear �s. Mahusth: We t:r•itp thi4 letter cm kx:�hall' of `I►•. John `IrTx,i;oi l and 'N',I A s(x-mites to formally state Mr. .John `H)owe I l ' s position in reizard to potont i ra l improvements to WoodhilI Avenue. We do not feel that improvements to hoocihill Avenue's drivinx surface art! warranted. We reach this corxr I us i on recognizing several fact-,: 1. The road in its current. status has :uit-clunt o I y som-"i the residents for many, rtuiny years. Although a turnaround does; not at tht- fnid of the st.roet. now, it. has not unduly i nconven i enc•tNi the Ixmbl is accord i ng to the ne i ghtxirsi . 3. The vi ty snrn: plows havE! plowed the r<uad for years by banking into the dri voi,ay at the a astt-r•n end of the road (now ot.TiM by Mr. ' laaric Hox) . It a rt tm:a I 1 y takes I e,ss t. i me for the plow to plot: the ~ t r•ppt now, than it' an Ott) f'(x)t diameter turnaround surfarr h:ad to be plowed. Also i n support. of our Imp 1 i of t hat the, tur n arotuxi nved not tx• txm i 1 t. , we offer the obser•vat ion that at the enti of the new p►•ivat.e r•mi, in Out lot. >, a turnarotind wi l 1 he r-onst.ructod. Wt- thert-fort, Fiji ly rocitiv. t that t ht, Counc i I not require the c qmk rad i ng of WooeM i I I Avvime , since it is not a nec-ossary impro t,ment sand it t:oulti t!t•►•t.rainiy disrupt, the vx i st i ng neighbors and the t.rv(-R arid busht-s as 1'e l l . The City Staff has recommended that additional right. -of -way be acquired for Woodhill Avenue. We support this request sirw:e it. would preserve the City's options for future upgrading of the road. We have revisf-d the preliminary plat to include a 100 foot diameter turnaround area and additional right. -of -way for that portion of the road which extends beyond the potential cul-de-sac. This right-uf-•way contains the unimproved portion of the street, that leads to the Woodhill Country Club property. Woodhill Country Club has periodically uRtNi the street, for access but, it is presently closed off. We. look forward to visiting with the Council to further discuss this project. . Sincerely, SAT11RE- F•32(, LTl.tT, IN All Richard W. Sathre, 11.1%. RWS/dm CC: Mr. .John `k-Dowel l , IMSM Associates R To: Building & Zoning Administrator Mal)usth From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: July 6, 1987 Subject: #1163 McDowell/Woodhill - Septic 'Testing Review I have reviewed the site evaluation information submitted and would make the following comments: 1. Each proposed lot contains both a primary and alternate drainfield site. Three of the five lots have sites suitable for trench drainfield systems. Lots 2 and 3 will require mound systems. 2. In every case, the two sites tested are probably the only feasible sites for on -site sewage systems. This is especially true on Lots 2, 3, and 4, which all contain steep slopes, wetlands, and a single relatively level area where the systems must go. Lots 1 and 5 have a slight bit of leeway in that sites could shift slightly to allow for alternate house sites. 3. In every case, we would want to have the septic sites fenced off prior to issuance of building permits, since if the sites are disturbed, the lots would become unbuil3able. A review of each lot follows: Lot 1 - Both sites suitable for trenches, on the crest of a long hill. House site is west of the septic sites. The house site will be limited by the setbacks from front and right (south) side, but is feasible. System will undoubtedly require a pump. Lot 2 - The sites are both suitable only for mounds and are located at the easterly corner of the lot. These sites are the only es available on the lot. The anticipated house site is downhill from tr: found site. Lot 3 - The mound sites are across a minor ravine from the anticipated house site. No Other septic sites are feasible. The alternate mound site is about 40' from a low area we will be designating as a wetland, however, the alternate mound will be vertically about 10' above that area, hence we have no problem recommending approval of this site given that this is essentially a closed basin. Lot 4 - Trench systesms could be installed on and just west of the "saddle" area, with the house site further north. Note that 50' front and rear setbacks will force the house to be wider and may tend to force encroachment on drainfield sites - I would suggest a 30' rear setback be allowed if possible. Lot S - Trench sites are along the top of the long hill. The house site is at the east end of that hill. There might be some potential to "flip-flop" the house and drainfeld sites, but the house site has not been tested for septic. Everything downhill is steep or is low and wet. with driveway proposed from the east end, an easterly walkout is anticipated. #1163 McDowell/Woodhill Septic Testing Review July 6, 1987 Page 2 of 2 General Suw ary - Although each lot has sites identified. the lots are extremely by septic sites, and relocation of houses to be on top of tested sites can not be tolerated. Even though these lots each contain 2 acres dry land, there are some potential "tight squeezes" in making work. I have drawn boundaries around each site which must encroached upon with structures, roadways, or other developments. must be adhered to for this subdivision to be septic -worry -free. attached map. limited septic or more it all not be These See the N 112 SEC. 2 , T.1179 R{ 23 L : .It art a o..•.. - - :eOr�h 9rly, I � .� T •"' 3z w c� O C-� Mq 'R __---- USSZ DRIVEWAY EASEMENT t V 2•'S�'07 L� 4100 —�sa .-I S7 69 •v o,0";o,v Z ---O'W (-)r&� R44.d I, N O�Sv as� E At � Q "S 27 [' f LAQ+ N 1*14'00 E i Np Ibo q, � C z C z C u-Sle O L-ev4l QI r 5 �' � o �--o T 2 h ORE DETAIL) i .10 UTILITY EAS MENT 69a.o9 n O O\� Q` PJ 444 q DRIVEWAY EASEMENT 6�\ Q � Zj Q) loP`t-, oN . K p t4f -�� NO'S9'1a�E 543 z7 �s �. Laft N 1'(6 CO E C�Q 42 t6o 97 r 4+ oo ^ . Sq C 10 19 9S i c. 1 0 4OL , d j 5 J r I A TEE4aEET\Hi�OREETAIL,O OF �►�1 s m ; � V. R 't a►o -10 UTILITY EASEMENT i. _ ._ 1 691 0-1 _ r- O M i �r a � c` eJ 7 4 N 2 4414 q 11552, s DRIVEWAY EASEMENT 6�\ �Cta4 rnl �j 7 N o's9 46' E. 1 34b.27 1 0 4? oO IFO F 13z��9TAAS! J ! v ' 2 y vc lop EET 7��ORE DETAIL) `0 ki ;14 1 5 -to' uTILITY EASEMENT �' a 19 as. - — - - — - 694 oy O M 3 c � O 3 z PLO 444 q lu S b2 . r- t DRIVEr:AY EASEMENT 6N, O �> m J Ojq.� to 1-0 OF N 0'59 40 E is4>s.z7 I � N Ibo 41 � 4f pp Z 2Q 4t.. es!;, ,.r'yi2� O C rs�e4 w,s v z EE S EET FOR ORE DETAIL) Demme-6 ` 1OW 2 hJ. 0 of Ro{may �O Po � A i WW r`n i WL i98S '�0' UTILITY EASEMENT 6g4o9 Q (, e-. _ % w 34i •� 4S 2'c NET b0 \ i LANK .73 ' � \\_ 3 A A:3.2323 ccn� V N N A. t,ac Y CS 2S NET SS A �! \ 'Ark, �,� ". 1vib LOT / T0 0.c ; DAMN OIRV ACC \ PSI � ' -� � I t,� - _ it 'k' • _� �,:» �\ sow KcyLx ir E ' N A tac ` © 0 �' 55140id y w }1n to icr.. \ J I P�A CE 01, of r O .AESS r 1�. N%op ��,,� TII .11 ` PROJECT DATA � 1 \ SS A • r ` 4ROSS AREA 17.52' ACRES {NUMBER OF LOTS 5 P 1 s,b y T-*- 1 LO 0. s o ` fit' � � � �o •c i+� owQ1�Ar ! ' oftv A:t To: From: Date: Subject: 13 ir3i Mayor Grabek & Orono Council Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator July 7, 1987 #1164 John McDowell, 405 Tonkawa Road - Class I Subdivision of a Lot Line Rearrangement and Division for Tax Purposes - Resolution List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Letter From McDowell Dated 6/30/87 Exhibit E - Survey of Lot Line Rearrangement and Division for Tax Purposes to Create a Buildable Lot Exhibit F - Staff Sketch of Proposal Zoning District - LR-lA Required = 2 acres Combined Tract A & B = 10.07 acres (after lot line rearrangement - 10.69 acres) Tract C = 4.31 Acres (after lot line rearrangement - 3.69 acres) Review of Original Application - The applicant and current owner of the former homestead of Edson Spencer consisting of a total 14.37 acres and made up of three legally defined tracts of Registered Land Survey #540 combined for tax purposes, at the Planning Commission review, originally sought the separation of all three parcels for individual sale. Per applicant's letter of 6/30/87, Exhibit D, he has withdrawn the portion of the application that would seek the division of Tracts A & B. The need to address the issue of accessory structures existing on lots without a principal structure is not necessary. The amended division now seeks only the separation of Tract C from combined Tracts A & B. The .62 acre of area around the pool within Tract C will be combined with combined Tracts A & B. The pool and patio meet the required setback from the newly proposed lot lines. The adjusted area of Tract C at 3.69 acres and lot width of 441' easily meet standards of the LR-lA zoning district. Current septic testing confirms adequate and suitable soils for on -site sewage treatment systems on Tract C. Hardcover allowance for redefined Tract C would be 56,410 s.f. or 35%. The proposed lot line rearrangement will allow all existing improvements associated with and supportive of existing estate house to be sold as one legal unit to a future owner. Zoning File #1164 July 7, 1987 Page 2 of 2 Planning Comission Recomendation - To approve the proposed division of a lot line rearrangement and division for tax purposes finding all standards of the LR-lA zoning district have been upheld. Approval is subject to the following conditions: 1. Septic testing for Tract C to be submitted prior to the Council meeting for staff's rfview and recommendation. 2. Swimming pool parcel divided from Tract C to be combined with homestead parcel. The enclosed resolution has been drafted per the appropriate sections of the Planning Commission recommendation and the amendment of the application by the owner/applicant. City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION OF A LOT LINE REARRANGEMENT FOR JOHN D. MCDOWELL FILE NO. 1164 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by John D. McDowell (hereinafter "the subdivider") involving properties legally descri'� d as Tracts A, B and C, Registered Land Survey No. 540 as filed with Registrar of Titles, County of Hennepin (hereinafter "t) property"); and WHEREAS, the subd. vider has completed all requirements of the City for Class I or retes and bounds subdivision for division and combination purposes. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby approves the metes and bounds division of a lot line rearrangement for John D. McDowell as shown or. the Certificate of Survey by Mark S. Gronberg dated 5/15/87 revised dated 5/26/87, 5/27/87 and 7/2/87 and attached to this resolution subject to the following conditions: 1. Upon approval of the subdivision by the City Council of Orono, the owner of the property described under Item one (1) of that same survey referenced above must apply to the City for legal combination for tax purposes with the property described under Item three (3) of that same survey. 2. Future owner of property described under Item two (2) of the survey referenced above must apply to the Hennepin County Highway Department for an access permit prior to application for a building permit with the City of Orono. 3. The aforesaid division as shown on the attached Certificate of Survey shall be filed by the City of Orono with the Hennepin County Registrar of Titles Office on or before January 13, 1988 together with a certified original copy of this Resolution. Page 1 of 2 City of .JRONO RESOLUT4ON OF THE CITY COUNCIL NO. The approval granted by this Resolution shall expire if the division has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Dated this 13th day of July, 1987. ATTEST; Dorothy C. Hallin, Cit,Clerk James R. Grabek, Mayor Page 2 of 2 CITY OF ORONO �i ... SOBDIVISIOY APPLICATION FORlfm'-'� Dat4kRec' d - Z1 - F ., By lv1 Fee Obc' d I Co. Go 7 3 7 -, -1 U : 1. ll<t'; r ) ---------- .----------- -r--------------------------------------------------- APPLICANT Name v'� %�� �' ' `` ; ,, Telephone 'Y Mailing Address el PROPEM Name .5 to " f Telephone O NRR Mailing Address (Attach list if more than one) -------------------- '------------------------------'------------------------ PRDPERTY LOCATION Street Address '�h `�J % �'' � ` U Property Identification No. (P.I.D.) "/ 0 Complete Legal Description to be attached to application --------•------------Y----------------------------------------------------- EZISVINC LAND USE Number of Tax Parcels Development Size Present Use (check) Present Zoning District Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify) ---------------------- ---------------------------------------------------- OPOSAL ✓ Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites: ` Existing Units New Units �— Total Units Proposed Gross Density Units per Acres Minimum Lot Size: Square Qeet Dry Buildable Land Proposed Use: (check) Residential Other (rpecify) _ MINIMUM MATERIAL NECESSARY FOR COMPLETE Pk i.IMINARY APPLICATION 1. Application Completed 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4. Stamped, legal sized envelopes (i10) pre -addressed to each of the names on the above list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature Date -------------------------------------------------------------------------- MINIMUM MATERIAL NECESSARY FOR COMPLETE FINAL PLAT APPLICATION 1. Payment of fees (park fees, filing fee, sewer and water assessments) 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. S. Developers Agreement and acceptable form of security. Certification by Zoning Department that Final Plat Application is complete. Zoning Officials Signature Date Sketch Plan Review (::la^s I, II 6 III) Rreliminary Review (Class i -T Subdivisions) Preliminary Review (Class III and all non-residentia_ Final Plat Review (Class III) *(Plus any legal or engineering charges) ------------------------------------------------------ $150.00 $250.00 $300.00 plus 20.00/lot $150.00* Applicant has read the above and hereby agrees to provide all .Lnformatior. -required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. ------------------------- �1 ---------------------------------------- Applicant's Signature r� Date Owner's Signature ` t + Date Applicant must have all s I ittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are usually held on the third Monday of each month. 0 Property Owners List For John McDowell #1164 05-117-23 22 0007/13 0033 Michael Fibrandt 3960 Bayside Rd. Maple Plain, MN 55359 05-117-23 23 0004 Louis A. & Mary K. Koziol 3965 Bayside Rd. Long Lake, MN 55356 05-117-23 23 0021 Gregg S & Bette Perl 309 West Lake St. Long Lake, MN 55356 05-117-23 23 0024 Ronald G Olson 341 West Lake St. Long Lake, MN 55356 09-117-23 23 0025 na T Anderson 349 West Lake St. Long Lake, MN 55356 05-117-23 23 0027 Janet Donaldson 389 West Lake St. Long Lake, MN 55356 05-117-23 23 0028 Charlie Langert 373 West Lake St. Long Lak-. MN 55356 05-117-23 23 0029 Eleanor Meland 365 West Lake St. Long Lake, MN 55356 05--117-23 23 0026 E. W. Spencer 1-35 Spring Hill Rd. Wayzata, MN 55391 06-117-')3 11 0005 Curti varl 4010 ;gar side Ra. Maple Plan, MN 5535? 06-117-23 t4 0014 R R Stueland & R L Barbep.0 4080 Bayside Rd. Orono, MN 55359 G (41 ' (I•JJI '46") � \ l Q run � � •a . i •aIk M ESTATE• d 1 (�� •M'' �� �l At P, oil �`'��� MORTN (�� a�i•rtlor • , }: �' � ~ I � Sx7 AA�I ADr�i�flv BAR �• 'LI TMIRp AOp• _ }: ' f M 1= ESTATES�y t�Vrti L, Nt7N10! u • yi •` Q ±. : + • I ADD. f lop• �O T 4. P`5 %1092 ` � \ 1 'V,• s• - + + �ttc�•�1 •t (rr�+ ; �A 4. ► ,:1 �P • :� rI ♦4' • ; •.,C•' -1' j �'.` 1 ��;� era �. L)J,,. •�� r Q ��uWWJJ 7 POND '>,,� �',+� r �d• i .w eon /""aak t( Lt, 0r4"', WAYZATA OFFICE 115 EAST LAKE STREET WAYZATA. MN 55391 1612) 473 3" ASUBSIDIARY OF MERRRR1LLll LYNCH REALTY ASSOCIATES INC Certificate of Survey for John McDowell in Tracts A.O, & C, R.L.S. N 540 Hennepin County. Minnesota EXISTING LEGAL DESCRIPTION Trutt A.D. and C. Registered Land Survey No. 540, +i,(•-, of Reyistrar of titles. County of itennnpin. PROPOSED LEGAL DESCRIPTIONS (Check with torrens office) Southerly parcel tract A. Registered Land Survey Nu. 540, filet of Registrar of Titles. County of !±rnnepin. Middle parcel Trait A and the 5-uth rlv ta;,r: r,•�t of (n,. ii,s- riy 05.40 t et of "d:! C, r;i s of RQyi;trar of iillf•s. Coutity of nennepin. IbrtherIy panel Tract C. Registered Land Surrey No. 540, files of Rpytstrar of titles. County of Hennepin, EXCEPT tea Southerly t32.00 feet of the liesteriy 205.00 fee, of sat•d Tract i. 1 horeoy 1*ify that 'fits survey was frep,ired bf e r unrlr r ^r, '.I I rP: I r upr'ry i s i Cn and that I Jai d ;ul • rem %ter( J land surveyor and c i vi l engine(•, and-r the Jae- Of Cite State of Minnes:,ta. ft'i i IFI 3 :RUNUR.G. 1111 Da" 5. i 5 . H, ,- N •, I- , scale: I" - 2U0'„• 4....... 0 Iiuri markor 7�ir��:- G�`•arq'Tki':�i �r No.-T7755- Inglneers, lanrl Surveyors. Planners Long Lake, Minnesota Certificate of Survey for John McDowell in Tracts A.B. b C, R.L.S. N 540 Hennepin County, Mir:r,•sota EXISTING LEGAL DESCRIPTION Tracts A.B, and C. Registered Land Survey No. 540, files of Registrar of Titles. County of t:(•nnepoi. PROPOSED LEGAL DESCRirTIONS Wwck with Torrens office) Southerly parcel Tract A. Rugi sterna 1.40 Surn�v Lo. `,49. f l l.•s of 6'I,.;i ytt i, (if 11 T 1' s, Count ( n, 1Ivn t pin. Middle par- el Trait 0 and tow Southerly 132.0fret of tht- we,,,, r-l) �')S.UU r,•et 0.1 Tr,i;.t :1,-s �f — "-- — Reyi ste er of T i t 1ps, County , v•.nnepin. Northerly parcel Tract C. Rrpistere-j Land Survey lie. 540, files of Rugg rar of Ti!Ips, County of " Hennepin. EXCEPT fhn Southerly 132.00 feet cf thr wrst,,rly 205.00 feet or said ira,:' C. Date : 5-15-67, (tx•a, ,f.., r..,,.... Scale: I" . 20o r•„ ,rr.•..,,,.,, 0 . Iron marker I Pereby r!-rT I f v th,3t 'IBIS surv(-y *,:'. i,rnl. ,f. f , , nn 0r of,.lr.r my,ir,'Ct, Sup•>Ivistcn J„1 thit ; dr y duly regi5ter(d land surveyor and civil erginnrr, under the laws of the St4ty of Minn,•, a, CC`iFIN b CPONBERG. INt. Ma�cTS LloriFAry`T4—i—tic. Ab. 12755 LnrFineers. Lana Surveyors. Planners Long Lake, Minnesota .^ !---1 • 718 7. 1 --�� ) TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator��1 DATE: June 30, 1987 !,;!" V JF Ut SUBJECT: Forest Arms Purchase Agreement - Proposal Modification Attachments A. Forest Arms Memo Dated 5/26/87 With Attachments B. Council Minutes - Re: Forest Arms Matter 4/13/81 to 12/30/82 C. Applicable File Correspondence - Re: Forest Arms Matter ISSUE A. - Modification of agreement to allow for reduction in quarterly payments by the prorated share amount of any prepayments. B. - Proration of legal costs for modification. INTRODUCTION - At the Council's last meeting they considered and then tabled for further information the proposed modification regarding the Forest Arms Purchase Agreement. DIS_CUS_S_IO_N_ - In addition to providing the information presented at last Council meeting the Attachments B and C represent additional background information to assist the Council in making their decision in regard to this matter. The information provided represents the most germane information that is available on this matter. It is recommended that if you have further questions that the participants in the decision including Mary Butler, JoEllen purr and Tom Frahm would be individuals to whom you may want to speak. The estimate of legal expenses to date is $480.00. RE_C_O_M_M_E_N_D_A_T_ION_ - It is recommended that the language of the Addendum that is Attacnment C of Attachment A be adopted to allow for the prorata share reduction of the quarterly amount by any prepayments in order that the share paid by each of the remaining property owners is equal to their original assessments. Since we were party to the agreement it is recommended that the City split the legal costs evenly for this change. PROPOSED MOTION - Moved by ,, seconded by , that the Council adopt the modification of the purchase agreement for incorporation into the purchase agreement between the Forest Arms Homeowners Association and the City of Orono dated _ __ , provided that the Association pays 50% of the legal costs incurred. Ayes , Nays cc: President, Forest Arms Homeowners Association • 52887.4 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator DATE: May 28, 1987 SUBJECT: Forest Arms Purchase Agreement - Proposal ModificationW Attachment A. Forest Arms/City of Orono Agreements Dated 3/21/83 and 2/2/84 B. Forest Arms Letter Dated 5/15/87 C. Proposed Contract Language Amendment ISSUE - Modification of agreement to allow for reduction in semi- annual payments by the pro-rata share of any pre -payments. INTRODUCTION - In 1983 the Forest Arms homeowner's Association and the City of Orono agreed to terms to allow for the purchase of the property used by the residents for dockage in that subdivision for $100,000.00. It was agreed that this would be purchased over a fifteen year period in quarterly installments. The agreement also provided that any time any of the lots were sold that they would have to pre -pay the amount of the property's outstanding share of the agreement. The agreement did not however provide for any reduction in the quarterly amount to be paid by the Homeowner's Association by the amount of any pre -payments. For example if half of the lots were sold before the contract would be paid off the owners who were left as part of the Association would have to increase their share of the cost in order to make the equal payments thereby speeding up the amount of time in which the pay-off would occur by doubling the amount each individual would have to pay. DISCUSSION - In reviewing the matter in response to Attachment B it does not seem to be the intent of the agreement to speed up the payment. by not allowing for a pro-rata reduction in the annual cost based on prepayments. If reduced those who do remain as owners still contribute equal shares regardless of pre- payments or not. RECOMMENDATION - It is recommended that the language of the addendum in Attachment C be adopted to allow for pro-rata share reduction of the quarterly amount by any pre -payments in r- -cr that the share paid by each of the remaining property owners is equal to their original payments. PROPOSED MOTION - Moved by , seconded by , that the Council adopt Attachment C as an incorporation-Tnto the purchase agreement between the Forest Arms Homeowner's Association and the City of Orono dated Ayes _, Nays _. cc: President, Forest Arms Homeowners Association Forts T Axiif s PURCHASE AGREEMENT THIS AGREEMENT, made and entered into on the 7-1 day of 1983, by and between the City of Orono (hereinafter referred to as "Orono") and Forest Arms Country Club Addition Homeowners Association, Inc., a Minnesota corporation, (hereinafter referred to as "Homeowners"). In consideration of the mutual covenants and premises of the parties hereto, it is hereby agreed as follows: �d 1. Sale and Purchase. Orono does hereby sell to Homeowners •G by contract for Quit Claim Deed all of the interest that Orono may have in Lots 1 and 2, Block 3, Forest Arms Country Club Addition ' (hereinafter referred to as Lots 1 and 2). 2. Purchase Price. Homeowners shall pay to Orond as a total purzhase price for the property interest described in para- graph 1, the sum of One Hundred Thousand and no/100 ($100,000.00, Dollars, without any interest due and payable therecn,lwhich amount shall be paid in the manner and at times as follows: $100,000.00 amortised_equally o:•er a 13 year period commencing on the first quarter following the date of closing, payable quarterly on Jenuar April 1 u ust and November of each year in thy' quarterly amount of $1,666.67. I 3. Closing. The closing herein, called "Date of Closing" shall take place within ten (10) days after all terms and con- ditions of this agreement have been complied with and the parties hereto have notified the other in writing. The closing shall take place at the office of Wright, hest 6 Diessner, 320 Manitoba Avenue, Wayzata, Minnesota 55391, or at such place as Orono and Homeowners hereafter agree. 4. Possession.. Orono shall deliver to at the date of closing, actual possession of the property provided that Homeowners have complied with all of its obligations hereunder. 5. Closing Documents. Subject to performance by Homeowners, Orono agrees to execute and deliver on the date of closing, a Contract for Deed providing for payment of $100,000.00 as piovided for herein. 6. Title. The Quit Claim Deed to be issued upon final pay - meat under the Contract for Deed shall transfer whatever interest the City of Orono might have, it being understood that this Purchase Agreeme•� is in the nature of a compromise and settlement re'.ating to a dispute between the parties as to actual beneficial ownership of Lots 1 and 2, and the Purchase Agreement in an attempt to avoid costly and protracted litigation. Therefore, the basis of title which is of concern to Homeowners is a representation and warranty by the City of Orono that it has not caused any liens, encumbrances or claims to be asserted against the property as of the date of closing. 7. Orono's Cooperation. Orono shall fully ccoperate in all ma leers necessary or incidental to the performance of this agreement. 8. Conditions to Homeowners' Obligation. It shall be a condition of Homeowners' obligation to complete the purchase herein and this offer is contingent upon obtaining a permit From the LMCD and the City of Orono, and any other governmental bcdies, for a multiple dock license which will allow for the mooring of no more than 14 boats as defined by the regulations of the LMCD, or City of Orono, whichever regulations are more restrictive. 9. Lots Entitled to Boat Slips. It is understood that application to the LMCD will be for 14 boat slips with the under- standing that there is anon`!�oing dispute relative to whether or not the owners of Lots / �4� t ed to one or two slips. It is understood that the perm; will be reduced to 13 slips in the event that the owner of Lot /! dui —nnu cAssful in his application to the City of Orono an111ll1d any final appeals that may result in obtaining a determination that Lr>th Lot,i buildable. -2- .0. Security. There will be a mortgage placed on each lot in Forest Arms Country Club Addition which benefit from ownership in Lots 1 and 2, Block 3 Forest Arms Country Club Addition in an amount equal to paragraph 9 appeal is unsuccessful) of $100,000.00 or ,1 .9 h mortgage shall be payable to the Homeowners Association, arci will provide that in the event of a sale or transfer of ownership in any of the beneficial lots, there shall be an acceleration and the mortgage debt as to that lot shall be due and payable from the proceeds of such sale. Upon partial payment resulting from sale, there shall be a release as to the mortgage covering that lot and the net proceeds applied in reduction of the Contract for Deed. Notwithstanding anything herein to the contrary, it is understood that there shall be no acceleration as a result of the sale of the vacant lot described as Lot 6, Block 3 in the transfer ol Muhich to her successor in interest, but that in any subsequent sale, there shall be an acceleration. 11. Administration of Payments. Periodic payments as pro- vided for shall be made to the Homeowners by its members and by the Homeowners to Orono. It is understood that if the Homeowners fail to make payments when due Orono shall have the right to cancel the Contract for Deed and the property and its title shall revert to the same state and condition as existed prior to the agreement. In the event of such cancellation Orono shall be obligated to give six months notice with an opportunity to redeem so as to parallel this transaction to a normal mortgage from the standpoint of redemption. • A corporation will be established by the Homeowners which will accept deeds from all Forest Arms Country Club owners to all right, title and interest that the individual property owners may have to Lots 1 and 2, and the A1920 T � wue•et `� . a -3- 12. Title. Title to the individual member lots stall be established based upon Orono requesting memorandum abstracts from the Title Insurance Company of Minnesota as to each lot, notinq present fee owners and encumbrances. No original abstracts of title or registered property abstracts shall be required. 13. Dock Permits. It is understood that dock permits issued by the LMCD or the City of Orono operate only for the year i:; question and that no representations are made by Orono or the LMCD that the Homeowners here will be allowed to continue to maintain 14 aocks (13 depending on the results of paragraph 9) as a matter of right into the future. However, any future permits granted shall affect all common docks and treat the owners in Forest Arms Country Club Addition in the same Tanner as all other common dock owr,ers in Orono or in the case of LMCD, on Lake Minnetonka. 14. Default. If, on the date of closing, Orono is in default in any of the terms, covenants, or conditions to be kept or performed by them hereunder, or in any of the warranties and representations contained in paragraph 10 hereof, then, in addi- tion to any other remedies which Home -iers may have either in law or in equity by reason thereof, Homeowners may either (1) de- clare Vis agreement null and void, in which event neither party shall to liable for damages hereunder to the other party, or (2) consummate the transaction contemplated by this agreement in the same manner as if ,-e had been no default or breach, but withhold from the c.. can of the purchase price referred to in paragraph 2 hereof sonable costs, as estimated by Homeowners and Oro:.^ f., J such default or breach, in which event the transaction co. ated by this agreement shall con- summate on the date of closing; and then when the default or breach is cured, an appropriate adjustment shall be made between the parties hereto to the end Homeowners stall be reimbursed Homeowners' reasonable costs of curing the default or breach. If, on the date of closing, Homeowners shall default in my of the terns, covenants, or conditions to be kept or performed by Homeowners hereunder, t,._n Orono may, r,' its exclusive re.nedy, terminate this agreement. -4- 15. Notwithstanding anything• herein to the contrary :,n t�.0 event of a default by Homeowners which results in the property being transferred to Orono, any individual Homeowner who has paji monies in excess of their pro rata share shall have such excess monies without interest refunded to there by Orono upon 1/ritten application to Orono. 16. Notice. Any notice required or permitted to be given hereunder shall be sufficient if sent by certified mail, postage prepaid, with return receipt reques ed. City Clerk City of Orono P. O. Box 66 Crystal Bay, MN 55323 President Forest Arms Country Club Addition Homeowners Association, Inc. As reported to the City Clerk from time to time Homeowners Should be sent to the owner as disclosed by the Hennepin County Real Estate tax records. 17. Limited Use as to Lots 1 and 2, Block 3, Foust Arms Country Club Addition. N^ structure is to be built upon Lots 1 and 2, Block 3, Forest Arms Country Club Addition unless it is a single family structure with no common docks and under those —rcumstances Lot. 1 and 2 are to be combined into a single building lot and a sewer assessment paid. However, notwithstanding anything herein to the contrary, it is understood that the Homeowners Association shall be i<<, to construct recreational structures which are common and necessary for a recreational lot attached to the common cock facility including, but not limited to playground and recreational equipment, all sribject to the Orono zoning code in effect at the time. 18. Time. Parties hereto agree that time and time of pay- ment are of the essence of this agreement. 19. Headings. Paragraph headings are for convenience and shall not be deemed to be part of t'tis agreement. -5 - 20. Binding Effect. Thi- agreement shall be `:ding upon and inure to the benefit of the parties hereto and tnei-x tive heirs, legal representatives, successors and assigns, and all of the covenants and agreements herein contained shall run with the land j d bind the respective heirs. ' ial represc.,itatives, 4uccessors and assigns o: :he parties hereto. 21. Entire Agreer--.r.t. This agreement cc, the entire agreement of the parties hereto and it may be changed oz modified only by an agreement in writing signed by the parties hereto. IN WITNESS WHEREOF, the rrrties hereto have executed this agreement as of the day and year first above written. CITY OF ORONO BY Its Mayor By Its City Clerk FOREST' ARMS COUNTRY CLUB ADDITION HOMEOWNERS ASSOCIATION, INC. c- - -� BY Its PSbsidant Its Secretary ; co•s��.,,as weep. �t. ... �..,..„,..,, ,.,. ���..,., IM.. .J �, V is Z[greement, lhads and entered into the Z� day of 9j?L)ACj .1984 ,byandbel-treat the City of Orono, a r.inicipal 4:corporal,, t: the laws of Me S'-tap of Nlinneacca part',• of the first part, and ore> s Country CXub':,eJiticn Homeowners Association, Inc.,. a Minns .rporatior. , pan y of the second part; ®itnessit:1. That the said party of the ft-,o cart, in consideration of the covenants and agres- inents of said part/ . of the second part, hereinafter contained, hereby sells and agrees to convey Lento said part y . of the second part-, its successors.........- and assigns, by a Quit Claim Deed, accompartied by an abstraapt evideneing good title in party of -., prat part at the date hereof, or by an owner's duplicate a"S :goats of title, upon the prompt and full performance by said party. of the smond part, of its part of thii -e;reem lnt, the tract it . .. of land i dng and being in the County of Hennc n . and State of Minnesota, described as follows, to -wit: Lots 1 and 2, Block 3, Forest Arms Country Club Addition, according to the reco.rc^d plat on file or of record in the office of the Registrar of Titles in and for said liennep-­*.County. See Addendum to Contract for Deed attached hereto as Exhibit A for additional terms and conditions. And ;,aid part y of the second part, in consisaosatio , of the a-emises, hereby age" to pay saio of the first part, at os and for the purchase price of said premises, the sum of L- = +hundred Thousand Rea -' xxf 100 (::100,.000.00)----------------------- ----- - - - - - - -D,.,Ilan, in manner nnJ at times follolvirt;, to-Ivit: $100,000 to be paid in equal installments of $1666.67 each; the first such payment shall be due and payable at closing; suLsequent payments of $1666.67 shall be due and payable on April 1, August 1 Novem• 1 and January 1 ut.,:il the entire principal bale- pair lull. Said party. .....oi the second part . .,.at covenant S ... end agree... S._.. _as lollovic to pay uefore penalty attachci thereto, all taxes due and pay* It in the year 1984...., and in i subsequent years, and all s q pedal assessment heretofore or hereafter levied.._._..... _.____...._....._.__.._---...._...__._._---.--._.. ..._.. __.._ __. t...... ......... ........ ............---•-- ......,...... � 1MOtIt�tOt�OY>t�1Clt�Klbv"'eiltc�:M'Jl�tdtKtfOttttaltau►....1rfOfMM�KILt�>Qietildli" i1•YrYdtiOXMtE•Yt1i;iKr►eJt`t:dti AK7tltii)WCxlfa/t7lAt► .Oatrxbg&XMi7Ziat kOtlDJdXXDt*4fiet/KJ(KNCBKyx., _)1Xb [' K)%X1(XOW 1)MM& t 1�a)61 1311r19)WA..ra"bWOKW"KXXYII001101 K1111111111t111M:)aKA 311XIfXXXXWMA)&IWAAKROW Xw:.-,KAMA XK =sk feTXLtkea )aX IK1t UUNDUisasest)W MM )satMk K X"lestK Kitt wt. tst YMagtiats)i m*V )t %misb fdf WX MX bN W)(&X a!K)ti�>ptKJR/tS1490KM)b)t>iKJltlP)OtkixXbeKlit)pk.....—_.....----•-----•___... ... __._._......_..... ............. _ .. I>taNiDlK'Kgat0117f910mt){>!!)Iklllpat':X:l[)dt�K)41fi/tC K�IMN?tJtLJYtLYfltX. NL7{IIJhiYiFltDt/tiMYlit�1: OtOtK10><)ttlflttiKll�fcKt/litf101mtDtMR)tkNKIMKKKr1 taUcatlafetX7tyNIplL'lep . SKKalmfK/rdaN)6YitX411 t '.SWIX.XX)t91XW(XX7t*XXXWXXXXXXXXXXXxisa ststisil3r7pML=d(Wdtstlet) 1)p)¢)tMX11Y1KK.WW .iRKll*)PYM)j=wx z But should the second part.._ fad to ;ay any item to be ,aid tail ....... under the trims hereof, same may be paid by first party and shall be forthwith payable, w'1 thereon, as an add.tiona. t smct m due first party under tb.$ contract It flat should default be made :a t`c taytr.ent of principal si-trt Mse dicen hereunder, or of any part thereof. to be by stet.nd part..'--.psid, should.. it_ _ toil to pay the uses or assessments upon said land. premiums upon ta,d insurance, or to perform tiny or tither of th- covenants, agreements, corms or coxd,t,ons herein contained, to be by said secJrd part. ....... Lcyt or performed. the said party of d•e first part may, at its option, by wrtten notice declare this contract cancelled and terminated. and all right, title and interest acquired thereunder by said second part___....shall that.;aox cease anti terminate, and all imarovamtnis made upon hue premises, and all paymen:s mast• hereunder shall belon„ said party of :he first part at liquidated damages Icr L,etch of this contract by said sta rid cart . _ _..., said notice to be in accordance with the statute in such cast made and provided Neither the extension of the time of par• meat Of any Nw or same of Priority to be Mid hereunder. stet any waiver by the party of the first par of it.- =e't to 1 declare this cenrra-s forfeited by reason of any brae► see"of, shall in any messier ethics the right t ape•• .v to t cancel thv eoprrrtt bacon" -f do/Nlta etsbeeosreety wit t►eiq. and no .:*eneion of time sYapll be va:d nwWes eei- dene y d 1 N ned i�etroment. Further, atLtr service of aotiee and failu.e to remove. within the period allowed by thiAx term srecificd, said part--_-- vl iM escaped pars hereby spsc,Ms'. y agree. __ opape demand of Mid ipatty of the firat part suieily, and ptaceaNy to serrender to 1• posse":on of az.J promises. and every past raereof, it being understood ill, ,tit It, s default. tail port _.. -of the woad part._.._ _.to here possession of said preatitaa. t ' .11 if !1hllunllp RQrCeb. 11rt and betaYept the thirtiet hereto, thni the time of payment shall be tit'r.tenNnl tNrtt of this Cnnlr•nrl; nrtd Ulrtl nll the toLYnnnts and a;ramrn s lle1611, Contained shall run ' Intl► the lsnll and bold the heirs, e.tecitf,wr, ndnrinishntors, successors any ussiefnsof the respective ixtrtia hrrrin. ' ]In Zestimollp td)4tltof, The sn= , ,trlt party has caused these i presrrlrs to be executed in its torpor,° •• name by its Mayor . lflt'ttlokfeslK aryl its City Clerk and its corporate seal to he herrrtrrlo nJfi.red, and said party .. of the s-cond part ha . n eczetary a ay an pUr CITY* OF ' ORONO r�� � ...1�....... �............ Its I Ise City Clerk .._.._..__.. ._._ Forest Arms Country .Club Addi.tion_.— I btate of lnin"Coota, u Homeowne s. As i n, 1 countyof i%7.%� i:.�i. � � �_. I By 0 The forejoin j instrument was acknau•I:djed before me Its Presldent day of /'c"13A?crate'% , 19 84 ,gy Its Secretary by Mary C. Butler, Mayor INA/.I Uf WrNll O[ AGENT. 111L1 Of O111Cl[ O[ AG[NTI and by Alberta M. Strom, City Clerk _ I INAMI Of 08FIC611 W AGINf. 111LI Of OMCI[ oe AGINTI } of City of Orono INAMI Of COIM[ATION AC[N01Ml11OGINGr a ...,inieipal rorporariun, ort behalf of the corporation. IITAlt O[ rLACI Of PKO.►O[.TIONr / i oo+lolrrt W. NALL1 i EEPt��t I creTW Or ►1.►01 T.aING ACanOwll INTI L��,� .- 1 '' STATE OF MINNESOTA ) ss. COUNTY OF ) { The foregoing instrument was acknowledged before me this day of �r „t 19, by James Grabek and t - , the President za&pectiu— y of Forest Arms Country Club Addition Homeowners Association, Inc., a coLporation under the laws of the state of Minnesota, on behalf of the corporation. THIS INSTRUMENI WAS DRAFTED BY .ter Popham, Haik. Schnobich, r .;�'� roNAN NUSNIK K u m n i Doty, Lb") `t� f_t � �.� t,. /�tSNLPW n CJUTYA OF cawln svo. E.pin 0" E. 1E1u Minna pigl1s. MSl1eik&9*, �5402 II Rgcp :sE:vcl: tCi{P $ t ti I r C y :1 G C. ■ r Wd I i `r e c o % c —` _ ` m V lo' II If ^ al tiE EXHIBIT A ADDENDUM TO CONTK' Fnp DEED THIS AGREEMENT is made and entered into as of the Z4 day of `t-S_, 1984, by and between the City of Orono, a Minnesota i municipal corporation, (hereinafter referred to as "Orono") and Forest Arms Country Club Addition Homeowners Association, Inc., a Minnesota corporation, (hereinafter referred to as "Homeowners"), and is intended to serve as an addendum to that certain Contract for Deed executed by the parties to which this addendum has been attached as Exhibit A. IN CONSIDERATION of the mutual covenants and promises of the parties hereto, it is hereby agreed as follows: I. Title. The Quit Claim Deed to be issued upon final payment under the Contract for Deed shall trar.sfer whatever interest Orono might have. Orono represents and warrants that it has not caused any liens, encumbrances or claims to be asserted against the property as of the date of closing. 2. Orvnc's Cooperation. Orono shall fully cocperate in all matters necessary or incidental to the performance of thin Contract for Deed. 3. Administration cf Pay-ients. Periodic payments as provided for t.erein shall be made by Homeowners to Orono. It is -:nderstood that if Homeowners fail to make payments when due, Orono shall have the right to cancel the Contract for Deed and the property and its title shall revert to the same state and condition as xisted prier to the agreement. In the event of such cancellati.n, Orono sha.1 be obligated to give six months notice with an opportsinity t- reac so as to parallel this transaction to a normal mortgage from ,c- standpoint of redemption. 4. Dock Permits. It is understood that dock permits issued by the LMCD or Orono operate on_y ioi the year in yurstion and tiat no representations are made by Orono or the LMCD that the membe s of iiomeo►ners will be allo..cd to continue to maintain. 14 decks as a matter of right into the future. However, any future permits granted shall affect all common docks and treat the owners in Forest Arms County Club Addition in the same manner as all other multiple (noncommercial) dock owners in Orono or in the case of LMCD, on Lake Minnetonka. S. Notice. Any notice required or permitted to be given hereunder shall be sufficient if sent by certified mail, postage prepaid, with return receipt requested. City Clerk City of Orono P. 0. Box 66 Crystal Bay, MN 55323 President Forest Arms County Club Addition Homeowners Association, Inc. As reported to the City Clerk from time to time Homeowners Should be sent to the owner as disclosed by the Hennepin County Real Estate tax records. 6. Limited Use as to Lots 1 and 2. Block 3, Forest Arms Country Club Addition. No structure is to be built upon Lots 1 and 2, Block 3, Forest Arms Country Club Addition unless it is a single family structure with no common docks and under those circumstances Lot 1 and 2 are to be combined into a single building lot and a sewer assessment paid. However, notwithstanding anything herein to the contrary, it is understood that the Homeowners Association shall be free to construct recreational structures which are common and necessary for a recreational lot attached to the common dock facility including, but not limited to playground and recreational equipment. 7. Mortgage and Acceleration of Payments. Payments of the unpaid principal balance of this contract for deA' is additionally secured by mortgages upon each of Lots 1 througn 5 inclusive. Block 1; Lots 1 through 4, inclusive, Block 2; Lot 6 and part of Lot 5, Block 2 as described in Certificate of Title $612705; and Lots 5 through 6, inclusive, Block 3; all in Forest Arms Country Club Addi•icn according • Lhe recorded plat thereof on file or of -2- record in the office of the Registrar of Titles in and for Hennepin County, Minnesota (the "benefitted lots"). Each such mortgage is dated with an effective date of even date herewith. Each such mortgage provides that upon the ( Jeyance of the real estate subject thereto (with the one-time only exception of Lot 6, Block 3, Forest Arms Country Club Addition as held in fee title by Katherine M. Muhich): the mortgagors) •hall pay to Homeowners an accelerated sum, interest free, as described in the said mortgages, which accelerated sus Homeowners shall pay to Orono, within five (5) days of Homeowners' receipt thereof, wnich amount shall be credited toward the unpaid balance of this contract for deed. 8. Deeds From Lot Owners. A corporation will be established by Homeowners whici, will accept deeds from all owners of the tenefitted lots for all right, title and interest that the individual lot owners may have to Lots 1 and 2, Block 3, Forest Arms Country Club Addition. 9. Liability Insurance. Homeowners shall maintain liability insurance during the pendency of this contract, while amounts are due and owing Orono, in amounts of n_;t less than s100,000.00 and t300,00O.00. Such insurance policies stall name Orono as an additional insured. 10. Time Parties hereto agree that time and time of payment are of the essence of this agreement. 11. Headings. Paragraph headings are for convenience and shall not be deemed to be part of this agreement. 12. Binding Effect. This agreement shall be binding upon and inure to the benefit of the -%,ties hereto and their respective heirs, legal representatives, successors and assigns, and all of the covenants and agreements herein contained shall run with the land and bind the respective neirs, legal representatives, successors and assigns of the parties r.ereto. -3- IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. CITY OF ORONO By \� v �• Its Mayor Its City Clerk FOREST ARMS COUNTRY CLUB ADDITION HOMEOWNERS ASSOCIATION, INC. By Its STATE OF MINNESO':A ) ) ss. COUNTY OF ctVCPi/_I ) The foregoing instrument was acknowledged before me this -- day , 19.;e/, by Mary C. Butler and Alberta M. Strom, the Mayor and City Cler�C respectively, of the City of Orono a municipal corporation undbr the laws of the state of Minnesota, on behalf of the corp4ation. _ o2ary Public STATE OF tINNESUTA 56. MENNEIIM COUNTY COUNTY OF ) � •' rr regoin in trument was acknowledged before me this Iv of 19M, by James Grabek and the President respectively oT Forest Arms Country Club Addition Homeowners Association, Inc., a corporation un r the laws f e state of Minnesota, on behalf of the cor ion. Not y Pub is This Instrument Was Drafted By: �'`�,� ►�'•NI-YE 1A1j;''%.1K Popham, Haik, Schnobrich, Kaufman L Doty, Ltd �rl}. A'INCOj`.TV ' rN, im0'Its Ilei 1lade 4344 IDS Center Minne,00lis, Minnesota 55402 TAX STATEMENTS SHOULD BE SENT TOr 3756j Forest Arms Country Club Ac'iition Homeowners Association, Inc. 960 Forest Arms Lane Mound, Minnesota 55364 -4- MAY 1 9 w7 May 15th, 1987 City of Orono Thomas Kuehn Box 66 Crystal Bay Mn. Dear Mr. Kuehn With regard to your letter of May 8th, we hereby request an amendment to our payment schedule, in -)ur Contract for Deed, to reduce the quarterly payment we pay to the City, as prepayments are made by individual lots. Thank you for calling our attention to this matter. Si ....may, Th as The sen, President Forest Arms Country Club Addition Homeowners Assoc. POPHAM, HAIKI SCHNOBRICH, KAUFMAN & DOTY, LTC). 3300 PIPER JAFFRAT TOWER MINNEAPOLIS. MINNESOTA 55402 TELEPHONE 612-333-4600 TELECOPIER WAVMC O. POPHAM MICHAEL O. TIwCEMAN 45I2•334-2713 DOUGLAS P. SEATON TOCI' T JOHNSON NAVIAOND A. HAIR HOWARD SAM MTERS. III THOMAS E BANNER LOVI! •- 5M17M ROGER W. SCHNOSRICH THOMAS C. O'AOUII A SAUCE 0. MCPMCCTCRS ,N I`.CIS J. CONNOLLT OENVER RAU1•MAN LARR7 O. CSPCL SUITE 2400 GART D. BLACR►ONO BRUCE H. LITTLE DAVID S. OOTT JAN1E S. MATCROM 1200 SEVENTEENTH STREET SCOTT C. RIGHTER MARK F, PALMA RODENT A. 1410013M THOMAS J. *ANNE?? DENVER. COLORADO 60202 PAUL J LINSTROTH RUSSELL S. PONCSSA ROILtC A. WOROEN JAMES A. RAYNE TELEPHONE 303-893-1200 SCOT? A. SMITH BRTAN L. CRAWIrORO O. MARC WHITEHEAD DAVID A. JONCS TELECOPIER 303-893-2194 ELIZABETH A. THOMPSON C AVIO R. 41117DEN SAUCE D. WILLIS LEE C. SMCEMT %EITN J. HALLELAND OWE" E. MERRNSTAOT •REDEIRICR S. RICHARDS •LAIN fRCCON SUITE 300 SOUTH .-ARU B. PC'LRSON MATTHEW E. DAMON O. ROSCRT JONNSON PATRICIA A. JENSCN 1000 M STREET N W O. RANDALI. BOTCR JOHN W. PROVO OART R. MACOMBCR LESLIE GILLETTE WASHINGTON. O.C. 20036 BRAN N. ..OHNSON GREGOPT O. SROORLR ROBERT B. 111UR11 MICHACL T. NILAN TELEPHONE 202-E2B•5300 TIMOTI]♦ W. RUCR WILLIAM M. OJILE, JR. MUGH V. PLUNKETT. 111 ROBERT H. LTNN TEL000PIER 202'828'7318 CAROL B. SWANSON TERRANCE A. COSTELLO f REoERICR C. BROWN THOMAS M. BIP.INS DIRECT DIAL NUMBER BRUCE A. PETERSON JOSEPH D. VASS THOMAS R. IIICRG ROBERT C. NOILANEN JULIC A. SV'CITZER BRIAN W. OHM JAMES R. STEILEN THOMAS i. NELSON THOMAS C. MIELENHAUSEN STEVCN A. CMELESNIR JAMES B. LOCKHAR♦ THOMAS J. RADIO KATHLEEN A. BLATE GREGOR♦O.SCOTT ALLEN W. HINOCRARCR DAVID L. HASHMALL MICHAEL D. CHRISTCNSON CLIf7OR0 M. GREENE RAT -LEE. M. MARTIN J. MICMAEL SI .IWARTZ O. C0...REL D. WILLIAM RAUTMAN JOHN C. CNILOS L.RATE M. OSBORNE FRCO L. MORRISON K I&VE- iJ June 11, 1987 Mr. Mark Bernhardson City of Orono Post Office Box 66 Crystal 3ay, MN 55323 Re: Forest Arms Country club Addition Dear Mark: Enclosed please find for your review, three copies of the Amendment to the contract for Deed between the City and the Forest Arms Country Club ssociation. If Council approves this document, the outstanding principal balance and amolint of installment payments must be typed in on page two and then all three copies must be signed and notarized. I will be out of the office from June 10 through June 15, but will contact you on June 16 to Iliscuss any comments or questions you may have. NEH/jlp/3192j Very truly yours, Nancy E Husnik 0- CC: KARlatz AMENDMENT TO CONTRACT FOR DEED THIS AMENDMENT FOR CONTRACT FOR DEED is made by and between the City of Orono, a Minnesota municipal corporation (hereinafter known as "C;ty") and Forest Arms COLitry Club Addition Homeowners Association, Inc., a Minnesota corporation, (hereinafter known as "Association"). WHEREAS, City and Association entered into a Contract for Deed, dared February 2, 1984, filed February 13, 1984 as Document No. 1562909, files of the Registrar of 'Titles, Hennepin County, Minnesota, legally described as: Lots 1 and 2, Block 3, Forest Arms Country Club Addition, according to the recorded plat on file or of record in the office of the Registrar of Titles in and for said Hennepin County (hereinafter known as a " operty"); and WHEREAS, the parties wish Lo amend the Contract for Deed to reflect their agreement with regard to the effect of prepayments; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The terms of payment appearing on page 1 of the Contract for Deed are amended to read as follows: $100,000.00 with no interest to Lo paid in equal installments of $1,666.67 each. The first such payment shall be due and payable at closing and subsequent payments of $1,666.67 shall be due and _sayable on April 1, August 1, November 1 and January 1 of each year until November 1, 1998 when the entire principal balance shall be paid in fu'; in the even .he purchaser prepays any of the principal balar.-:, either pursuant to paragraph 7 of the Addendum to Contract for Deed attached to this Contract for Dead as Exhibit A or otherwise, the amounts payable 3n any subsequent April 1, August 1, November 1 or January 1 shall be reduced to an amount which would fully amortize the principal balance by the final payment on November 1, 1998. 2. As of the dL_e of this Amendment, the parties agree that the outstanding principal balance is $ 65,•714.22 and that quarterly payments shall equal $ 1,428.57 until such date as the purchaser makes additional prepayments, at which time the quarterly payments shall be adjusted as described in paragraph 1 hereof. 3. ExcF�' as xpressly amended herein the Contract fe, Deed is ratified end affirmed. 4. This Amendment to Contract for Deed sha"1 bind the heirs, agents, executors, administrators, successors and assigns of the parties ereto. Dated: June 22 , 1987 City of Orono B1 Its Mayor By `-- - Its City Clerk FOREST ARMS COUNTRY CLUB ADDITION HOMEOWNERS ASSOCIATION, INC. By Its 3186j STATE OF M I NNF .;�,TP COUNTY OF HENNEPIf The Foregoing gin: was acknowledged before me this day of — 1)87, by James Grabek, Mayor, and Dorothy Hallin, City -f she City of Orono, a Minnesota municipal corporation, ahaif of the corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1987, by and the and _ respectively, of the Forest Arms Country Club Addition Homeowners Association, Inc., a corporation under the lawL of the state of Minne ..ta, on behalf of the corporation. THIS INS—DUMENT WAS DRAi "ED :;Y Popham, k, Sr-hnobr ich s• Kau"nan, Ltd. 3300 Piper Jaffray Tower Minneapolis, Minnesota 55402 M Notary Public -3- I it . *1 -11, 0 %: I. L t *;[.:At *11. -A. : .11, ii, 1. 1" 1�,71 &0 N 3 io'ii . ONO .01-ha i1. OF 08, M-Sn:lt Slit jCC LOU' I ?. i. F--z ozot Arm,.; Cv*ptt*;o,,9 ;# Chi.) Nick' ii---- PoU.' is ---i ir -iii-i )c prIVALL.- Th 1.5 tu.; ii-l' I tu—,tr"t - ;:-Inco Its to* i's I - -!hcr.- vt 11vill! :,.I. .`v- City 11414.1 :1., :hit, -.i!.t i o z!; . 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J. •i �• i• ,. �.. �:it � ,. i4 .: I.. .s tFk I"V.M it �ii:i'.I �,. 4'•iil .3.-�� `+.. .. .s .si ill b„ • l y MM pp p e ♦♦ 9i [ : i••' I .;. ..•.. �.. • •. �r �."i i t } u • N �. , 1� .. • ti»t ►i.i/ �Y •�•-�� Alf, �si'Jai4 �.. Ala'.t.• :' • ,. �, .• ' '� &tat* dockv j+t•1't�.itpxf lots In om:h 1s:,at k of • tt�• ! • . ", 1' . ' = _. - . r; 4 fright. Vj uwj thow - i• • -.;,,t; ;', xF.: !:6, , yt. ' tit 1f)• ��'tiCt last ;jo�� ;ij'j+rti a ,.I..:L !.'.. .- •'.t�." lt..:it..:`..: tti 5l.,itsati�3ot� eS! thu caf-situ to .'::US rcic.".- y 1 �k�SCi t"•C.._' i t siw:tS %itdCt:Eit'�- . :•t! ...• . •' Cr t... V.4 t... t;idsl't: tint. u. 1 cvul'a oil c ,`.' ?hoi min c•.:ycnrtxn cA 041f c» tt:l• p,)Int era T 0111: t�irncr,t, to ct I .r c it Isc,riu in u:•o ilad #--n JtOytrunt nt l.t;::li t.• ►•t l . and /o:: in *Lit :1:t: t..w.� ..,, r.t►J tut t;..c"t tcyr rr:y 1 �,,�1 tl�,.,<<: tt►:��a Fr4l .:sty •.wr,trt, ::..�� L,.vu. • eam: ate it::'t's:•u? t t-(• ;::a10, •any! any .)utc: r-A r.'. sr .yt..,.1 i,i ! ., !t_ 1�a�t � or ; ut;;ii.:� ::itt:�;Ci�;t►ti �::ai�•h priwt,�as;I�• ti.. •�.• lei rl t�t�. •{ .. •. l:.Uit.al-10 Clock on ;•ut,liv r ltst Lawns • •+j •S /i tjubf ic; rtritsf ��: ...:v •,:► �•:..., t I. •,�: ; ..;1:�1:1r� t1JLF: ost trig•^C.: gas° �}•4•I't}' -• . • ►: ;,+.t ��L Cur,'A 1 t;;• :d o ;%M'Aa tit,, "W:I r a•,...:.1 .. c *.}•c Alt•,' La.S't::.1� y;�:�r.:.s .J y no,s::siy rheas r l •., .,, sa,• CL !'t1t1 1t�'tC4i• N j.v.._.,lLitiLi .r �•» s=`-� . j • 'L JJ��• r ". ii: tf �%'iZ4�+.t:. .. 1. .. .,.. +.'i��Fv :.�, !: �• �.�i�� �i•�••tl `Y -,V + :wr 1{J r•ltJ • Y�i•JJ 4: .�• ' .+•. • ► (. ..; t : Y::'�i Wn v12i••dt. icn U: j.Si�►1 }, .' �a) : ; :.:.. i l" .i � +� :a%� .. • :• :F:;: 3 hull:iirq JAJ`4L'• !i'i:�,:i �..� •.s • i.'Y .. r¢•: �a•�M'�4 { u: - _ r. , . it° tca ttl : c9:�l:r. . .fat, •, ut, its :agil:.il is:,! but o1 tow t,, sli '... ' L., :. s i....L :a :+ y: '. �• ►:•.:;uri.afw0 cQte•araqu buL do n:%t.iijt:'. '�,.•� • :;8 J r.,i•iGy/"itilI 1O On 'A it'.+.`.L4-:..i.&,i► :I Gf. •: :.� )�! .y �r 3�lI is �: t/.ir it ii�i i� •Yf)Q 0i of docks Could sac, � � ' 's l' • 3 .. I,`t', I%Cd VA otric is or wish Hai ►fl t L • , (, a •. rs' 1'iE 'al 4h k xzjt:a DfLa c 4 • 1:%i. . f ` !. ;.•'rJ �1« could t.` 111iiAll" r Cii Awl a and attilie a jxiw o w0ab l "t ll. i _in+:c:.4.:;co If-v :lr� vraulci t,-. the L-, -O as Otl.u� zc� . c,. f,:linifl' to &Cksgo ejej other l rivwto Of thu V'._ r f �..t.:lic Hark to tc>aae level. ins • t°� • • " t,hct sau4' i i�ltod i I itic.s.. AtL'w Is c:vai lai,is .ar per , tj rvloCAtcd 1:vl-u pit+cicc►• t...,., L , in *Vail i •,, f;t. ta..+inq lr Cans could apt iona S yr G : nct1t to th- (wru'rat pu:iii': ccrt.iin th`.. r.or t of t-a tt to the thtr area u_uld div muvaera Ca 1Ef2:i?aL'�' 1 N�� 'i ll::" ::. .•�. Mill retim c't, (1snLtt:►:J "l.Oa:shove {�tivltc;�:�" ::; s;Lat� I i:+ U. 1. . hat ot1wr eit iz•`r... :;F.l .l:av t .,t.. it ulttic4 ,IU s;taar"! the Ii.:sltitt• t1 - sht::...._ ut tk.i:: ti:.'..�::..i N,oia jrty. T►ti. aituatiaa is a i• ni of torus# but at ws3n$t )u8t ail swat'. t Vu4,jt%:.,C a j­ab11c :...a:::..; ,--mLr Ynitiul eCVU7...it CCVLf.w. T0: FROM: RE: nATE: rACTS hSC•.';URt.21B[i[d � 1 fJ - 'v Legal File No. 3643-047 L. Gillette Orono: Forest Arms Country Club Addition April 27, 1981 On June 14, 1961, the executors of the estate of Iienry L. Meyers conveyed lots 1 and 2, block 3, tore,t Array Country Club Addition to the city of Orono. The conveyance Was "for the vze and benefit of the o n-2rs of the offshore properties of Forest Arm, Country Club Addition for lakeshore privileges." The deed also conveyed the property to Orono, ,its succerFors and assigns, forever.' ISSUE If the city of Orono denies; lakeshore privileges to the owners of the offshore properties of Forest Arnim Country Club Addition: 1. Will the fee revert to the heirs of henry L. neyers? 2. Can the owners of off -shore Frclperty enforce their rights to lakeshore Yopertic.? AIJALYSIS / In discussing the nature of the titut p,,hserf`under pa r coneyAlMos of real estate to :municipalities, it is stated in McQuillan, Municipal Corporations, S2019 that "Thus, while the authorities; are r.3t entirely in accord, in several caacs a deal conveyin3 land 'P.-- and tot • a certain purpose hat b:��_ n held tQ_CC n'►n ,t.,r(�g atd not to create a conlition !:ubseyuci,tf and furt::or, on the discontinuarw:, of the uac of the property for the purpose ramell, it does: not revert to the grantor. £o a deed 'for a burying ground, forever' of for ttre cpccial ur:e, ar:d none L. Gillette ApL11 L%, 1y01 Page 2 other, of educational purposes,' or 'for the use of a common,' or 'for the use of school purposes only,' has been held to convey a fee -pimple estate and not an estate upon a condition. On the other hand, where a grant contains a condition that the title to real-estate shall revert in the event that the municipality shall r.2glcct ur r::fL: to perforn any of the covenants or conlitionr c)Z the grant, and the municipality dries so neglect or refuse, a forfeiture may he enforced." This rule is consistent with the rule in Minnesota concerning deeds. As stated in Gunnel?'.,;, D.�cdn, y2675, "Conditions subsequent are not favored. A deed will not be construed to create r: condition subsequent if it is sui-.eptible cf any other reasonable construction. there a doubt arises as to whether a breach of a cordition or a covenant in the deed was intended to work a forfeiture or recision, it will be resolved in favor of the grantee. In the abserce of er.P-ess language in a deed, a condition Eubscquent could riot be irplied.' Consistent with this rule, it vas hold in Forn2r^ v. i':zc�-�-�ron, 34 Minn. 330, 26 N.W. 9 (1L'c35) that a con:cycance ac lai::1 to a� religious corporation "for the porpos2 of erectirg a church thereon only' did not create a condition subsequent. if the rule of Farn:iA+ is applicable to the conveyance to the village of Orono, then the language in that deed which states the conveyances 'for the use and benefit of the ownars of ttte offshore prorerties of Forest Arms Country Club Addition for lake shore privileges" could �verrion of the proporty to the heirs of Venry L. .1A ,.yara if the property"cuasec to be usccd for the use and benefit of those owners. ha In order to determine whether the general rule of Far'n-_',"I applies to deeds to municipalities, the care law doaling with the power of nuaicipalitiea to hnld awJ coy+•ley title to real c::tate wrro examined. This case law inlicatco that th- re are tt::j iccues involved when real estate is rcnveyed to a r.unicil --lit,?. first, was a right of revertor created and vas a chcrstable trust created? In In Re - t lip cntion of 1::areck, 100 14.t;. ::J 750 (Minn. 1960) the court —was ta—cep-w1th �th c3ecd frog, n private individual to Edina. The relevant language in the deed statt.-I th,t the real estate was conveyed -k- V. Gill(:tte . �C 3 "...in trusts, neverthelerL, to have', h'. d' administer and mair,taln the same as public park; and the grantee will not use the paid land or suffer it to be used for storage or dumping purposes or for a filling station or for the sums of merchandise or other thirx3s; ar..' if suid land shall cease to be a public park or shall. Le used for storage or for clumping purposes or for a filling station or for the sale or morchandise or other thing, the title thereto shall revert to the above named grantor." Relying partly on the fact that the hat,endum clause in the deed ran to Edina, "its successors and assigns," ai:d the fact that the word "assigns" is consistent with the crer.tion of charitable trust inalienable by the village, the cc,urt held that the deed did not create n charitable trust but did create a fee subjec$'to a condition subsequent or a determinaole fee. This finding is not inconsistent with the general of Farrit*i, and no case file wL located in:ieating that different rules apply to deeds to municipalities in determining whether the j.-c-2 creates a right of reverter. In dealing with deeds to municipalitie-s, an additional issue exists. It must bA de.-�rminnd whether the deed conveyed the property to the mun.-ipality in trust for tLe public for a particular purpose. In Schaeffer v. Pewherry, 50 11.1,,.2d 477 (:-'inn. 1951), an individualir.iividual devised to t►,e village, of F.11.ow I,.Ae •...to be used for a public park. It is my wish and desire that all of said property and funds be so uccd at all timer that all of the people may receive use thereof daily, provided, that no part of said pros_rty or tunds shall ever be used for a hospital or anything in connection with a hospital." This devise was held to create a valid charitable trust under Minnecots Statute 5501.11(7). In discussing a -hen a charitable trust arises, the court stated that "To create a c:.aritr.ble trust of realty by will, it is also necessary that the testrae_or� anaff►�t„in intention that the transferee staOld the git�f'"" subject to an equitable duty to scrve the charitable purpose. 'Thus, a breach of trust doer not result in destruction in the• struction of the -3- L. Gillett:e April 27, 1961 Page 4 devise, but instead gives rise to can action acainst the trustee, which in Minnesota is enforced by the attorney general." The language from Schaeffer wLs quoted witt, approval din to -ihe fapplication of Merec . The court in tde:er_k detc?rminco teat Cho charitable trust was not created even though the language in the conveyance included the word "_rust". However, the court indicated that no particular form of words or conduct is Necessary to nreate a trust and that the word trust or trustee is not required. In M.ereck a the court also rotes a. described ar ove that the inclusion in the habendun clause of the words "its succesat,rs and assigns" is inconsistent with the creation of a charitable trust inalienable by the village. The deed from the estate of Henry L. Meyers includes identical language in the habendum clause and this language may be used to argue that there was no intention to create an inalienable trust by this conveyance. It is questionable whether the provisions of minnesot<< State 5501.11(7) which authorize a city or village to receive property for the benefit of "any public library, or any public cemetary, or any public park or for the purpose of es: ablishing or maintaining a kindergarten or other school. or institution of learning therein" applies to a conveyance which creates a benefit for a very emall number of inJividualc. It could not be reasonably argued that a public trust for the benefit of the public would be creaked by reserving lake::hore privileges to owners of offshore property in Forest Arms. Therefore, it does not appear likely that the owners of offshore property in Forest Arms could successfully argue that the deed from the e:-tate of Henry L. Meyers to the village of Orono created a charitable treat for the public benefit. Thny h���ld not -_therefore, be able to bring an action under Minn2sot:a State 5501.11(7) to enforce their rights to lakef ore privil�,_�. Certain cases should be noted here in which it has been hell: that a city could not convey its interest in lands used for a public purpose to private i-dividuals. In at,ck v._ City of Uinona, 135 N.M.2d 190 (Minn. 1965), the city haa- Acqu red certain real cstato for park and parkway purposes through a condemnation proceedi ny. The court held that the city had acquired only an easement from the condemnation proceeding. In holding, that the city could not convey fts interest to a private individual, the court states: at 13S N.M.2d at 194 that "the limitation upon its authority to cell rter. from the nature of the interest it recc•ivV-1 try condemnation rather tLan itunb the aht:ence of any -4- L. Gillette April 27, 1931 Page 5 express or implied legislative .jrant of power. That interest was a rir"Nt. to uoe the land for park and parkway purposes, ar.3 obviously Lhe city cannot convey more...when acquired, the city paid for an easement used for park purpoces, ar:3 upon release of its right to use ti:-! land for those purposes, the land must revert to the fee ow nars." The restrictions on sale of rcnl o.trte Lsed for park purposes in this case derived specifically fron the court'; interpretation of the extent of the interest reca4ved in the cor.?cmr,: tion proceeding, and this case i!; Lot controlling in a situation where, as here, the real estate is obtained by a deed rather than a condemnation proceedirgc.�p Kroncchnabel v. City of St. Pmvl, 137 11.17.2d 200 Minn. 1965) involves snot er s tuation n W.iich it vas held that a city could not convey property own_�d by it to a church for u.:e as a college. The holding was baced upon a f: rdin3 that the property in question was transferred to the City of St. Paul by deed from the state of Minnesota. The legislation authorizing conveyance from the State to the City expressly provided that the property would be transferred to the City r.or 'czucation purpooes, and n; a perpetual playground for L1.2 c sTiildren of said city". The court held that "Since the legislature has— inpoced a gover mental purpose on the uce of the property, the city is not permitted to uce it otherwise or r.vlagatc tn..- use except by lcgislI:tive cuthurity.' i37 N.W. 2d at 203. Again, the case is distin-luichable fron a case in which real estate is obtained by a Municipality by died from a private Individual or the estate of a private individual. CONCLUSIONS 1. The language of the ci^ed does not appear to cren'z. right of rcverter. 2. It is unlikely thr:t a court will hold that the la nguinge of the deed creates a charitable trust urxler Laic provisions Eiinneaota Statute 5501.11(7) because the benefit cru..tc:cl by the deed does root run to the public generally. CLcauL'e a court Would appear to be likely to find that a charitable trust has been created, the owners of the offshore property in Forest Arms would not appear to have ar►y right to require Orono to act as trustee of cny ouch trusz and protect their rights. Ire -5- L. Gillette April 27, 1901 Page 6 addition, if a court does not find that thn language of the deed created a c�,lritable trust, then the case lac, placing certain restrictions on the alierotion of property own:: ] by a i..unicipality would appear to be the dictinquishable and not controlling. -6- Vj#r2IGHT, WCG t.)it t �' •N: ► u•t p.y►• MIM14C •'••<I l.•!1. N,phl SVr♦ !1 ^Ir. P p ..l•r.f �� wf!• •.t ten /., •t 1.• wfl.p - •I"CAe 6I00094011 0 tl•r e w.:; ee•AV• r•OlR.. t••tp•• •0•4 ••tt- •q;Yr•p w • ••7 a,Y.Aa(!. C;•.•.R• hufiu:3t 5, 1901 •••�•••.. rax -•... wosew• .. t... OrC?uh wt 6• er. � C a•[e•.. ttAQ r.t. ..•.ya I�rtt.J ••.•.a YORAtI•Y •-d ClAr.w 1 f:ows.raw t:_ . Man P. Gl 0L' J Ci':y ill:_....... City G!' c;.Oa* n.o. L�:: tG C.•yc;'%*al :::y, Ninn. 10,5323 L. , L- by of ra of T?-)UA 1 and 2, Block I Cc-Y e I t►.rC C%1Ct;C� I.y '.11r.`1L'1C::1 pl: tt�;e t►f,C- rr.::" �.r:::; Cc ntry Club d:;?`iition. I haw It, t, ' left::: V..:. wiricL_, fc^t:o Which th® of f-tA::;,a lc` I lr, I c _ : I. Cot:ntry Ci::J J'—liticn barx, 0.31c rlt,tst t,.) 1 • t'::::�y L. i::,•,;r:: pluttc d Foreat Armo Co.Mtr•y Clt:b .1 ,.t r,� 115U. In to uoirvie 11r. V,: Lrat dCd1Cac1-.ci 1'... to t:•:. publlo, rcrcrving c:11 prator ritjttto to tk.? lci::,i LtPe, to-ICUl:,r vith all attritiono C1.1 t` 1#rtle. 1 , c: . tl.-.t rc .Lrvutit,,�, Al 1,J:Qahorc r1cp4t:;: rU rt::. ait, IA 7:1 rt-Oa'C._1i ACl.y 03tO .:r r4 )':L400 VC i E" c.....trzct to C;.;ev.�y caquin to C ..old N. ttanc: n, Unjor thu tt; C,::s of th:,t I;ce 1.4ern %._U c:L1lC3tf.J to convoy to tho Vilk" 1 i rd Z of Lluuk 3 is, t'cfmLt t::.. 1 :.ttrf OL1, t "..:1it:iaa, ''i,, .il u,.0 w4d L;; iwflt of oL t1.3 er'_.•rit! t)t'; ; . r t.+c.:s t '' t AL-k -3 COLMtry C•iu" Li(. ti* (ate). t:r. r:yorn (1lc1 Vrior to Clo,Ar:J !h.,t tranuartiune h Ur• - itu"I taubtcqu::.t (. .; tl.-,t't:fc)ru L-c;. ;t,t 4! T:rp fiuyuru' OUt4'- r© 04-It tho trill. Ct,ild L:: tc: ,JLtcfa. Parcivant to that m ( it -to u tho CorC ir.t,::-.l un trct:_r dirc.t:tlrl•! tho JRs•t;it;ttnr of `,`it ►: , U, ci ue"Ive l,jr rw)ie.rntiL.i tha ,:: J from floury V.t?yttrn' vjxct.-.UtOru to fir. t:_ nrc:n, and th. uv(A to tt;u (;icy of c.): `•�%�'' f 1 an -a 2, nocit 3, rorotot Arru'. C­.�i:ntry c:l l:u rV oi3 to O;o::', "011 tt:a tzn•:to or part land lying a6nd t ::inq in thi Cmmty Of 1: ;nnupino :;tnta of t.Rn;, .•: c,s. an follows: I.:.)tu 1 ur: l 2, Ulock 3. Voir+:'c,t Uy Club for 0i a?C: 1 i'..t fit Of tti7 a1t;;rc:' Ncc,:::rti��:: ut' i'c•i�`.•t t;ri:;, ( ..ii)csy Cl:i!, h:+itiura lzl:cLi_•c I;ri�-ilr ;�a." T11:.- Ccc'tificltu of 'c'►tl� l::i; r' t1.3 rc • :�zr t_ n tt:.+t Orc:c:� l�.:. �ti:: E(, c.:. ;. r of i., .....t :, f. t . 3 C�`'':►t;rj/ C 1 1 1%ic•:a ' :UY tt l ' ) O12 J. c..., c �. LI. oll.0 s Club I.':it!C"i £ar la%uciu,rti' :rival+:,•co•" i i Laaccl u­ nn call of tho filcu ,�c:..1 rivc;c►t'.1� rartc..:nlr�l ti►14 r. ►� .► I h4re rcviA..:..1, I have coija1v Ic:.: that Orono 1;A,*3 t.ltic.: t j,wc� t;► in c . _�ttcn • of A tru".t+..:;, foe the t.::t: C iC t�f t'. . o tt:� C "--:_'...'.. 1 ,c,;;.. -ti a. ar. , r: h°±inj t:::dv of tt..t t. a t tl►2 ia:_:1 _-Ad t'_;: efor.: .3 to tg entirely Et:. w G�cr tt'� }•c::'::, t r..:.'n.r:3 c,f ,'t:l� � off-"�rcr loco ti • ilicr.tly to fi rio;' -rty to tt.tt cittcac;tiv4, c:..'tt.• ;.,. r.:ic;..:; ._:..:+.: %.:)ic1, it a.= :r ia. Over th:, Z.:.7:.:'.ra , i, ,. ; ;,ti c: t:ria r "ainta Inc: it .'i C3t _ ' �iV I t1:'� �� . z << r.'�1it raii ...:. t�•.':lt�•j tt;. lc.a'.w'a, c�..�� r�.itls �i.: ,• .. L .) ..',no at cc 11 d(a,rabltt � L*..J tat W) to tfto City c, 4. � .. ,' • r . trLzair:.J ri��l r:: intciiri liability fn4u:l�a � :::' t i�: j �'' • �� �_....a to ci 3itlon:�I ne :cl insured. C1carlit, i ntcvardffilii�) of tl. , :.rc a by cl.v of i`ot'c.Ct l .:a Country Clv'a t, '3itkn. I a'. ;Ad bo t:._ .0 tt:_ :i 1 «1;; y to M-Ovii :j l of tt.i rc,, , vty r(-t, rd.,, In (L: ., :10"o cc. •1 MOA of lain ra. �f -4 of C � .a rcuiaeac;, r; . • i:..lt:w. w :k r_ j c.:..:c1L:;1:�n vita al. irCt Ca U. � a ..1 of t11J c..,. [.zc. _:rty by t oLi-•_' .: c 1,:.,,.� c ...ire an t l ..'.�. After t,': � � vic . Frc. _C x:a J.:a,ald _ ziilt) tt> tlfc s r c and to ch_-r t cur £ut.1 r<.t C'_ iilChacd fla>aucai WArN! O POP.AA. AAfMONh A ..A•/ aOOtP W Sr.400111C•. t.CN•Ita AAu1..Ah pAv+O % DOT♦ 11gCt91T A w+N.iM ar.L►t A, WOauCN 4 14APC WN+Tt•.C.AO OaUCC O YY•L07 rarn.^a+e.. s w•c..Aaes O "Our*? JO..NSON GAP!T N MACOMOCO 1106CaT S. OUaw raCOCRICP C 40100WN T"044AS P. scwo 00%JCC O. MALA(wsON JAMCS w. STC+LtN JAMC4 0. LOc"AaT ALLLN W. NINI;CPAP(.a C.11'r0110 M. Coker -AV Or COY11119L 1P11CO L. 640100.NON f OPHAM. HAIK, SCHNOBRICH. KAUFMAN 6 DOTY. LTD 4344 +0! C' CN 1Ca MiNNEAPOLIS. MINNE807A 55402 Tf It /MI)•.t ANI• !t+ IfOpl n G W+L1•Aw pAU1 MA.. OC9r1 L Pt TCON001 w+C..ACI n raCt.AN TNL)M•S C C.AI.,,,A LA1190. O CSnt1 JAh•( S wATCwON pAv.O • ,ONt •. !.All• .J•.4b+JN Lee r tf••• Le.L IC+ M•C NACL • NFL Rocco? C w ,,LA:1(N OA./+0 J COOu+OT CAT1.r PINE A POLASP• STC.C14 G 14C+/C14S JJ••N •7 W+_^.U. P •1 ML([h M w+NOLa hAhC+ J TUaOAr JO..N C C1•+LOS T••CPCSL ANBwt4/� Larry Berg Wright, West 600 Midwest 801 V' col let Hinneapolis, 6 Diessner claza Building A MN 55402 April 13, 1982 Re: forest Arms Country Club Addition Dear harry: f:•r PL In'.. .1 h.. •.M .I OLt+vtN CC)LOPADO nejZ02 WAS041110TON O C: :'00.6 [..Jar ...n 11.11-V/•ta At the City Council meeting of Monday, April 12, 19602, 1 reviewer] with the Council the market analysis prepared by ;ue Dongoske. Al Olcon, the City Planner, noted that Sue's calculations of the square footage of both lots is inaccurate In that she failed to include approximately 2,500 square feet along the lake on one lot and 5,000 square feet on the other lot along the lake. It is his opinion that no setback variances would be nee3t:l in /oroer to build a home on each lot. A variance would be needed only if one wanted to build a home on each lot instead of combining the tuo lots into one buildable lot. Based upon our frequent analysis of the value of lakeshore lots in Orono, the City believes that each lot would have a fair market value of at least $100,000 for a total of $200,000. If one assume- that thy 2 lots wo•ild have to be combined to create one ge buildable lot, it is the City's opinion that the fair market value cf the pruperty is at least POPHAM. HAIK. SCHNODRIC14 KAI)VVIAN & r..GT r. L' Larry Dery April 13, 1982 Pages $150,000. It is the City's opinion that the value of two lots together is at least $150,000 if not greater if the-cf., two lots are allowed to be used for the ducking of 15 boats tc be owned by members o' the homeowners association that would own the two lots. The City Council has authorized me to coranunicate to you that it would be willing to negotiate the sale of these two lots to a homeowners association or other appropriate-,nt:ty which would be created to own the lots, purchase the liability insurance, etc. for a total price of $150,000. The property would be sold on a contract for deed over 10 years at 14% Interest. The payment due to the City would be additionally secured by a lien, in the amount of 1/15 of the principal on each of th,- lots which are benefited by the outloc which lien would be paid in full at the time of the sale of that lot. The City would reserve to itself a drainage easenent over the drainage way presently located on one of the lots. The City Council would grant a joint use dock permit in 1982 for the use of the property for 15 slips. Additional boiler plate provisions would have to be incorporated into the license and/or contract for deed similar to those that we have discussed previously. It is my understanding that your clients would like to be able to resolve this matter as soon as possible so that they can use this property for their boats this spring. The City Council would be willing to review this matter again at its next council meeting which is Monday, April 26, 1982. 1 should receive for review any response by April 20, 1982. If you have any questions, pleas4 call. Very truly yours, Bruce D. Malkerson BDM/ j f 0654j WIP.M/APOLIS INA."I O POP•AY •A•ro«O A MAr• •COI4 w scutdoD•.CY O{MrPA PAVPYA% DAVID / OOrt •Dole• A 80~1 . t♦PYCI O w.y..t P•/D{•.C• / 4.Cw••DS • 000109 jOMMtah D4•. • AY•COVIt• POPHAM. HAIK. SCHNOURICH. i�AUI ►:'AN v: DOTY• LTC? 4344 106 CE•.•E+t 1.NE AP O L,S [.alti•.E SOYA 35AOJ er? Jtl 4ec� wool•• / •_.• ME•W^ .E•% L ': ••+ •• t P•0{•C• C D.pw•. iA..• • It-attl•, DENVEA CO..ONAUOIIv: t«Or•t• /114i lIt / s«,i-r I Y.0 «./. V1;•uA.. 9 G••I •,.p •!-!:C•'[f ••„c{ D w.•e•t,•. ,{t..{ t...I••I I.cos ets +eaa ..Yes • G.U.I. r.c..Ae. ..•.• C.'I •C: •;• M G•/L+.t CAf-t• ••t A •O♦As•• V.&S•.I+.GTO•. O C Vat.. ♦ PC -CA. i'r •..n.{,+r Y V .,:/• ['•A•.lt Y t!{DI• I.. :l•.I•E 007 Y C«At. O 0A&I V••• I,• .' • ['•/•• •Awes voO a%•t •Yt.C« S!nCET N MI tNOr./C aAO/.• I•I-..0 C. Lb VCn.I.A «•YV•f(• WASHI,.GTON D C 2C•C36 tA•A. D I�•t. t.!•tw! .On•. P Co..•.0.♦. •t.t►..p•.! •..: tt.tCOP.ia .••..e { r..tPll•. [ c..�..t . tIA•0•. at 0 P P s•.•.•t 1 :z Sol s• S4 July 8, 1962 Ricl.ard A. llas:el ConfidE,ntit�l - Settlement Wrigt,t, {last 6Aiessner Discuz::ioii of + hreatened 2000 Midwest Plaza Duildinq Liti ation 001 Wcollet Mall - 11inneapolic, 1111 55402 Re: Pore; t Arnim COUntry cnb Addition Dear Dick: At the City Council electing on June 19, 1982, the City Council nuthorized the City Attorney to offer to cell Lots 1 tx-fl 2, Nock 3 F,.rvst r,r+au Country Club Addition ("property") to Ilia ho;ac:uunerc bnaed on the iollcwinn terns and conditions: 1• The property vould Uc rind for $100,000 over 2U years (240 r unthu) At 6q intcruc,t whic?, would rc:cult in tho total m,inthly payment of $716.43. Thir, amount divided by 14 lots would renult in a Payment for each lot owner of $51.17 per month. 2. property would be owned in common by czach lot owner and wlicn ony lot wan Cold, the oirner would pay of: his or hat 1/14 interact in tho principal then due to t'.le city. 3. :here shall be one clip allocated per lot and that slip n.;y only by ucud by the owner of that lot for his or her boat at. , by no ottler person. D At t)RUNO I�'OPHAM. HAM. SCH►!nunicH, KAUF11,%IJ & DOTY, L L) Richard Hassel July 8, 1982 Page 2 4. The sewer assessment against the property would be abated with the understanding that if this property is ever used for residential purposes or for any other purposes necessitating a sewer hook-up, the sewez assessment as then calculated would be due and payable. 5. Both lots will be combined into one lot and in the event it is ever used for purposes other than a corimon outlot, it may only be used es one buildable lot. 6. The City will issue a joint use dock permit in 1982 for 14 slips. The property owners will then be in the same position as others in 1983 vho apply for joint use dock permits who had a joint use dock permit in affect in 1982. Therefore they will be grandfathered in to that extent subject to the rights of the City to adopt regulations relating I.o the use of t4is and other similarly situated properties. 7. The City will sell the property by quit claim creed. 8. It may be beneficial to have the property owners set up a homeowners Association to govern the use of the property. Additional provisions concerning insurance, etc. chould be incorporated. 9. The property owners must submit a dock layout Man for approval which will be in compliance with the City and the L11CD code,. In the event, this offer is accepted then the City will issue its permit first so it is easier to obtain the L11CD licence upon application. In the analysis of this offer it should be remembered by the property owners that for the first 10 years almost all of the payments will be interest payments which will be deductible to the individuals making those payments. By the time they actually have to make rafter tax principal payments, they probably will have sold the property and will have paid off that principal out of the proceeds of the sale which proceed, will reflect an increase in value because of the outright ownership of the outlet and the right to dock a boat thereon. The Council believes that it is unwise if not illegal to agree to the male of the property without an interest payment being paid. The 6% interc,:t, of course, is considerably lower than the cost of money which ranges from 12-10% presently. POPHAM. HAIK. SCHNODRICEI. KAUFMAN C, DOTY, LTD. Richard Hassel July 8, 1962 Page 3 The above offer is reasonable especially when one considers the true fair market value of two lets on Lake Minnetonka. The 68 interest rate is at least 1/2 the normal interest rate that could be charged. Moreover, in this way the property owners would be able to obtain a joint use: dock permit which as you know would never be issued today by the City for a conmon outlot on lake Minnetonka. 1 would appreciate hearing from as soon as possible concerning this matter. Very truly yourn , Bruce D. Malkerson BDtt/ jf 1062j 1='01-IIAI I. I IAlit. !;CHNO1;fifCif. lZe.Uf MAN 6 Olo-cy. LTu. t,U:::'21>;;i;iIr1I, - t:atf•; is xn ' hrc:at sii�sci i,kt � i xc.;1 3v43• 0.17/ForeGt Arno Vices:;: Uruc.. U. calLctcon un:.il vocting of July 26, 1932 f n ;Vr July 0 11JU2 The July 26, 1902, r.::ctilig of the Cite Council orl ,i t. ►«:► r,cotluecl Ly Luticr cnJ a vote of 5-0 autPuric._e9 th c:iil! I,t.t:ortiv, to offer to well t:li:: pror•crty to tha bet.., o::i ci;; for f,.Iuu,liuu l,;: zLle uver 15 yeari without an;; iflt'_IrQ;:t LU1Jj..:..t to: 1. The perfomanee otandardu fret forth in pr io: l Atvr_­. Y . t:o otruetutea allowed on the lot unlcrc:. it: <_:) feAly structure at coi.:o point in the future; ..ric] th.: ic.tu :.ec cot.�incd. '. A plan nuut t)u t;u.lit-tc:J :ii:o;inr} l�: 4. U: on eala clause no to 1/14 of t1 u In: iie:il ..'.. ';. I.,ttlual pay;.. nt on flay 1 each year with th : L..y,.;,-.nt duce at clo�;incj Catc. 60 t...=tO L'GCurCCI tiith A 1/14 on thu la. 7. In the event that l:G:,i oiit.' Czalilot PC'y tl;:_ 1/1.3 p cluo con pay it ftr that purcon or pi.rchc:uu tlt:,t lut. ;ii.J own tt,v E;horcz,. U. I►► the e1r_nL of uuf.,ultc the c;:..oullt t:ua will be n lien t uu tho Vr�,•::rty cmd till bj-',r itit cr.::,t. q1 in tho ovvnt the LllCU duc:u not rccruu tl.,-- 1• L".At ill 19U20 at tho option of the hoi.ocuil�:r.., th.y c='i► torninato the ai=jrcemont. 10. r0:3 is to cf3►:l:aunicote cai;.0 to Ilausel. cc: tir yor and City Council 3;alter R. Dencon Altin P. Oloon llfOj WCLLD J. %//710./T iEAT:L ►. dIC:.S:/CA MC►rlt.0 WCAT Uo'TCn WC12,D ALCLnT Al:pr.CwO. in. C:1.^.r1A:.Q A. HACZCL T4101AA3 A. KING CUAM98 P. OICOONCR C :. .,%AT 14. CALII C :..CN wcGT t.•.c. ;t �. GCF6 t 7:.:II, •.*. 1. LIE016 r;;v Cd_TGICIA A. OQIYNON /11„IKACL A. TT/ITTIFO L'JrAll BN,►►LBB CNLOW Lr.w OVFICCO 000 64I0avC5T L/LI2A DUILO1040 001 NICOLLCT MALL LIMUCAPOLI!3. I1,11MC307A :;G4G.: CIE. 330.3000 t:r. Lrucc D. i.�++lI:crc;.► Lttoracy Lit LnV 4344 ID i Cc itcr I;irnc.�� olio, :--] 55402 v 17tC1a:...l 17, 1 � i � 1:!: Fo::cct Txn3 County C1u') 1.dclition L.._r Lxuc(:: WAY2167A Orrecr C.^rJ IIANITCf 1 WAT2"TA.f4U/IIC5C:TA 6::7 )1 C 12- .7i-io17 In rccyon-s to your lottcr of EcptQ.—aLor 1, rLc,"ru.:-� 1,:::: L ':o i:ccoci4.tion, vo fine] in diccucoing the r,,:.ttcr , a 1-'1. orr t:.': :-t L-I:O t, _,:!a Ore CCCL-)tC;blo to tho accooiation vith ;L:! c It ire lay gonoral fL :li:.0 tt.. t fo= tl.t:a to IaTw':� L; rn :: c.. :rcgrLi 1 L . r.s liiii ,.C' ti. iolloai.:.J: Pcy..blc cgua:tL:riy i:u;;Let 1, in.d t:ovc..nor 1, in tho i,,:ount o� ; 11 ,V-.0 %.a will, prc:;; : rc tt ;.' I:c-.� -nora T.coociation takinu into .:.at tI-;- prov�.cLIUAIG Gi ti. utter cad will ic:-�: U� it to Gil Ca L:.15 C{.S,t:_:Ct Cc) that can cvto n t•I.1 tho c.�-ccl.tiun of 1,.;:aification on the r cy,..:-.nto, c::-icl, t:.-st*lcl LCtU-Aly Lo L;'ncficiral to orono'u cc l h to Laving thin luttor conotituto an ac re..- :.:t i t:.. .: 11 tLa I;.:irtico Ly tho City of Orono. 14&; o1C��i:.l1(Iii to ovoid edditioncl tirA3 delay. V3 c.ao,1l�i iA-1ncnt:•.� racr,oi?uibility for preparation of docm.-.�,iltu in &edit: on to i h2 G.:aara Aacociation. It io our t ic. rtr-nding that the City will not rc.^uira a filing of the cont_ :ct for deed on the rc;., Ca- ticn loco Lat till file tho individual ii,.artgages. 1.0 W ~ I Al tol- La i.._. L... .....• 1. .:iy•. •�ti M a rJr.ric Q POPNAN r.'.T HOtto A. MAIM N .<;Ct4 w. S6HN0011tCH OCI4V.:6* RAUPNAN V O.Vto 0. COT• r.;',ctni A .ttN111N 113LPC A Y.'-7pCN A MAr,.^, Y11117CIIC• 0 CnUCIC O. WILLIS PI:Cct:aICR C. AICIIA40% O A3C8AT JOWN00114 CA#4T n. 1.ACUI4U A L. ,t.CnT L• LJIIa 1111064 V, PLu411177. rj PnCL:CItICR C LUC:UYIN 114091AD n 0900 17. 1 *.Lnt:rlDo## JA::l:O ft.'�TCUrN JAL1 L'0 O. LCOtIH• lit ALLCH W. N1NL`::t7A1tCA CLIPrGg-o I. w3aLtic �'V�J«h�S•i. �`�{�{{t. J(:{{{.iVt�{i{�i{i. ��i�UF�:•:i-.:: i.i �iJY�i, 1,,I ii. •9,4* IOD C"TCA MINNCAPOL13. MINNCISOTA QU402 T&L&PI/OI/t AND TtLtCOWItR al:-333-40013 O. WILLIAM MAUPinAN C)COTL L. PCTCASON 111CIIAGL O PACtNAN THUtsaj C O'AOUI.,A Naar O COP9L JAIdIt O M1-YENON CAVIO A JUSIGO aALLV A JCIINSON LLC 9 {IIIC%;IIT LLOLIC OILLCTTC NICNAtL T NILAN POUCAT C. WOILAN6% [.AVID J CI::uIOT CAT94CUIIIL A POLAOIIT 1D1CVCt1 O HCIRVAS RATttLC&N N. MAtITIN NANCT J. Tun0AR JONN C. CHILOZ ToCACCC AMU11uORO OOUOLAS P SCATON T1iCi:ard A. li:;-Ijuol Urlc, ht, Ileat G Dieccner 2000 IlieWcat Platia Duildic:0 001 liicollot 1-:311 IAII iL:21.0liaj, I -A .-5402 September 220 1982 1:0: Foreat Arl.;..; County Club Ac2dir inn L,:ar Dick: &000 ►tT110-►rWID vovirlt r-cnvcn. COLCMAUO UQ203 Tt Lt"O"I ANO TLLiC.:rIt4 307.03U•8000 SUIT& o09•r000 L STRttT tl w Y:l.OHttiC'iwI! 0 C ZU330 TILtr NOIIC At:O ICLCCO.'•LII Itca-007.11104 in recpono® to your letter of 17, 1902: 1) 1 agree with quarterly pay:.cnta. 2) t CuT300t that you acrid a 1<:tter and L;--j)lieatLon to ti...I L'':CD once a purCGUaU L0rL1(;!A-,nt iu cic,;ta::tl Loy all i :.rtiou and the City h©a LPPrOVLd diet r3UCt: LIYOut. '-ttiu City will than inform two LIXD that tho City r upVorto tLo ir:tivarLcut of the permit. 3) C:.C4uCo Of tLo Cc::,;7 ciAtiou ILvoly%-Alt thero chould bo a CQtuiled, sic}tic:J purch::co agrecnt. 4) Proviouoly vo both Have roferr,-J to 15 Iota in tile: plot ahicis do not front on Lako llinnctont;U in &edition to the 2 rocreation iota in the plat. In ft,ct, Iota 3 L: #d 4 front on tho lako, luaving 13 buil...'.)Io Iota o'.f of thQ lake which would each have one slip on tiro lakes. (Cco enclozed olson's memo of &eptenber 3, :-`i,i�-;t.'.�•i, (i:,11E..r.CtSfJt3CCi1GEl, t\.'�Ui�i•3:f� �. k1-�"i'i. �.'iU. Riciiard A. cuI 22, 1902 0 i ago 2 19c72.1 rill: c: orc, tho total nu. of L;liVa ,;hould b 1:3. 'kilo C::i*Cr."j of lot: 3 c.::d 4 dU 1,,ut E....:J clipa on the luto. kilo l:::y..;cr►ta frca lot ownera to the 1.0 ne3 juctc0 Lccord i ,Ay. Any rcforcnce to 15 Ll ipi c:.cuau 1, : L:: 13 L:li1}s. Aii.: In i:,y prior lutter to MCD ualtiple Clcut: rulc:o as ti,�:y rocs e.).:i:A or �... :,. Tho aL•avo atutcnQnta are t:aU j;:et to council rcvi(-•., i :;,i r - ;,)naval. Y did nat vant to duloy e. roe.,.:zaoo to you until UiLcr Lho i,c::t Council taceti,"fi. Vcry truly your::, Crucc ll. E::::lk;er:��a ;-11(3 City Council ' it er it. C--i,.:on �AILD P. 01ron tuith copy of Dick. Ilaccol•o letter of 5c :i.:. 'j::r 17 141-A REGULAR MEETING OF THE ORONO COUNCIL, APRIL 13, 1981 Page 3 Discussion included costs for repairing the street as a through street,and the costs for closing the street and adding the two cul de sacs; more accurate traffic counts are necessary; putting a restriction on trucks and busses using the street, and costs for maintenance for cul de sacs and an upgraded road. Mayor Van Nest moved, Hurr seconded, to table the request to close Willow Drive and put in cul de sacs ,until more information is available and the above questions and answered. Motion, Ayes (5) Nays (0). PUBLIC HEARING Willow Drive (Continued) Mayor Van Nest moved, Hurr seconded, to approve the CONSENT AGENDA' Consent Agenda*, excluding items #28 and #39, with all staff reports concerning items reviewed at this meeting to be attached to the original cosy of these minutes on file in the City Clerk's office. Motion, Ayes (5) - Nays (0). Mayor Van Nest moved, Hurr seconded, to approve the MINUTES* Minutes of the Joint Council/Planning Commission meeting of April 5, 1981. Motion, Ayes (5) - Nays (0). No comments from the Park Commission. No comments from the Lake Minnetonka Conservation District representative. No comments from the Planning Commission. Alan Olson, City Planner, reviewed with the City Council a proposed ordizi.-.nce providing for the establishment of no -parking for fire lanes. Mayor Van Nest moved, Paurus seconded, that a public hearing be held May 27, 1981 at 7:00 P.M. on the proposed ordinance providing for the establishment of no -parking for fire lanes. Motion, Ayes (5) - Nays (0). Alan Olson, City Planner, discussed the Forest Arms Lake access with the City Council. This item was tabled until the next meeting for more staff review. PARK COMMISSION LMCD REPORT PLANNING COMMISSION PUBI.IC HEARING DATE Ore .ice - Fire Lanes FOREST ARMS LAKE ACCESS No comments from the public. PUBLIC COMMENTS REGULAR MEETING OF :117 ORONO COUNCIL, MAY 11, 1981 Page 8 Mayor Van Nest pres ;,-_�d the City Council with a MAPLE PLAIN TREATMENT letter he received from William L. Downing, PLANT LETTER Commissioner with the Metropolitan Waste Control April 29, 1981 Commission, dated April 29, 1981, concerning the Maple Plain Treatment Plant. Letter - Page 9 Mayor Van Nest presented the City Council with his MAPLE PLAIN TREATMENT letter in response to Mr. William Downing's letter PLANT LETTER dated May 6, 1981. May 6, 1981 Letter - Page 10 Mayor Van Nest presented the City Council with a ORONO SCHOOL BOARD letter from Dolores Engelstad, Chairman of the LETTER Orono School Board, concerning the Orono Community Management Plan, dated April 27, 1981. Letter - Pages 11-13 Mayor Van Nest presented the City Council with a MCWD LETTER letter from the Minnehaha Creek Watershed District Grays Bay Dam dated April 28, 1981, concerning the Gray's Bay Dam Operational Plan. Mayor Van Nest discussed the meeting with the MCWD MEETING Minnehaha Creek Watershed District on May 7, May 7, 1981 1981 with the City Council. Councilmember Butler announced that the next CABLE T4 MEETING meeting for the Cable TV Committee will be May 21, 1981 held May 21, 1981 at 7:30 P.M. at the Orono Council Chambers. Butler moved, Hannah seconded, that POLICE AUCTION• the police auction be held 'lay 30, 1981 at May 30, 1981 11:00 A. M. at the Orono Police Department. Motion, Ayes (5) - Nays (0). Butler moved, Hurr seconded, to approve t LIQUOR STORE COOLER purchase of a cooler for the Orono Liquor Store in an amount not to exceed $5,371. Motion, Ayes (5) - Mays 10). Bruce Malkerson, City Attorney, discussed the poREsT A MS l.AXE Forest Arcs Lab Acoees with the City Council AL CESS and requested that tale 1ler be placed on the June •, loll agenda. A.T _ s yiii�.sri!♦.�c .a��� t REGULAR MEETING OF THE ORONO COUNCIL JUNE 8, 1981 Page 6 Zoning Administrator Jean Mabusth reviewed SAILORS WORLD with the City Council the revised parking plan 1981 COMMERCIAL DUCT' of the Sailors World property. The plan limiting the parking places and how many boats would be permissible. Mayor VanNest moved Paurus seconded that staff draft resolution on the matters discussed and submit it at the next meeting. Glen Cook gave the draft of the Wayzata agreement Ferndale Sewer to Bruce Malkerson to review. Mayor VanNest moved Paurus seconded that the City Attorney and staff review the proposed sewer agreement with Wayzata and submit it to Wayzata and to the City for the next meeting. Motion: Ayes (4) Nays (0) Mayor VanNest moved Hannah seconded to approve payment #5 to Nodlund Associates, Inc. in the amount of $17,298.17. Motion: Ayes (4) Nays (0) Hannah moved and VanNest seconded to approve Payment #6 to G & L Contractors for $71,066.15. Motion: Ayes (4) Nays (0) JoEllen Hurr moved VanNest seconded to approve the Resolution #1283 amending the speed limit from 20 to 30 MPH on Old Beach Road. Motion: Ayes (4) Nays (0) Hurr moved VanNest seconded to approve the salary increase for Wayne Quast to the amount of $8.00 per hour effective June 22, 1981. Motion: Ayes (4) Nays (0) Hurr moved and VanNest seconded to approve the salary adjustment of Dian Ehrenberg to the amount of $5.00 effective .Tune 8, 19E,. Motion: Ayes (4) Nays (0) Hurr moved VanNest seconded to approve Temporary Summer employment of James Backlund and Brent Sullivan at the starting rate of $3.65 per hour. Motion: Ayes (4) Nays (0) City Attorney, Bruce Malkerson review the Forest Arms matter with the City Council. lie advised the City Council and City Staff to have a letter drafted and sent out to the people ffected and let then know the city will not allow private use of public property, as it does belong to the City of Orono. NO also advised that it be put to a pub 1 i c hear iAg . CITY ENGINEERS REPORT PAYMENT #5 NODLUND PAYMENT #6 G & L RESOLUTION #1283* OI.D BEACH ROAD SPEED LIMIT SALARY REVIEW* WAYNE QUAST SALARY ADJUSTMENT* DIAN EHRENBERG TEMPORARY SUMMER* EMPLOYMENT -LIQUOR STORE FOREST ARMS MATTER REGULAR MEETING OF THE ORONO COUNCIL, JUNE 22, 1981 Page 8 Mayor Van Nest moved, Butler seconded, that a public hearing be held on August 10, 1981 at 7:00 P.M. concerning the Forest Arms lake access. Motion, Ayes (4) - Nays (0). Hannah moved, Paurus seconded, to approve the Weed Inspector Agreement with Mr. Peter Moe for the 1981 weed control program. Motion, Ayes (4) - Nays (0). Butler moved, Mayor Van Nest seconded, to approve the 1980 Audit Report. Motion, Ayes (3) - Nays (0) . Butler moved, Mayor Van Nest seconded, to approve the reconvened Board of Review meeting date of June 24, 1981 at 7:30 P.M. Motion, Ayes (3) - Nays (0). David Duff, 1420 Shoreline Drive, was present to discuss his request for sewer service in the 1980-LS-1 sewer project. David Duff Letter - Pages 9-11 Hannah moved, Mayor Van Nest seconded, to table the request of David Duff, 1420 Shoreline Drive, to be included in the 1980-LS-1 sewer project until the next Council meeting. Motion, Ayes (4) - Nays (0) . Butler moved, Mayor Van Nest seconded, to approve the following licenses: Tyra's Super Valu - Off Sale 3.2 Beer Saga Hill Grocery - Off Sale 3.2 Beer Lakeview Golf of Minnetonka, Inc. - On Sale 3.2 Beer Mexican Inn - On Sale 3.2 Beer Hoglund Mechanical Contractors, Inc. - Plumber Hopkins Plumbing i Heating Company - Plumber Westonka Sanitation - Garbage Hauler Motion, Ayes (3) - Nays (0). FOREST ARMS LAKE ACCESS WEED INSPECTOR 1980AU, EPORT* BOARD OF REVIEW* Reconvene DAVID DUFF SEWER REQUEST LICENSES* CITY OF ORONO Regular Meeting of the Orono Council, 7:00 P.M. August 10, 1981 The Orono Council met on the above date with the following members present: Mayor Van Nest, Councilmembers Butler, Hannah, Hurr, and Paurus. Also present: City Attorney Malkerson, City Engineer Jim Olson, Zoning Administrator Mabusth, Chief of Police Kilbo, Planning Commission members Goetten and Rovegno, Deputy Clerk Woytcke, and City Clerk Strom. Absent: City Administrator Benson, City Planner Olson, ani City Engineer Cook. Mayor Van Nest announced that the public hearing FOREST ARMS LAKE for the Forest Arms Lake Access has been canceled ACCESS - Public Hearind at the request of Richard Hassel, attorney for Canceled the residents involved, to provide him with more time to review the matter with his clients and research the facts further. Hurr moved, Butler seconded, to approve the CONSENT AGENDA* Consent Agenda*, subject to removing item A5, with all staff reports concerning items reviewed at this meeting to be attached to the original copy of these minutes on file in the City Clerk's office. Motion, Ayes (5) - Nays (0) . Chief of Police Kilbo introduced to the City Council OATH OF OFFICE James Wilson, Police Officer. James Wilson City Clerk Strom administered the Oath of office to James Wilson, newly appointed Police Officer. I i Chief of Police Kilbo reported to the City Council CHIEF OF POLICE REPORT the activities of the bike patrol, duties of the Police Reserves, and the rate of closed cases solved by the regular police force. Councilmember Hurr inquired about house numbering and response time for inadequately numbered homes. Dick Benson, City Administrator, was requested by the City Council to publish in the Orono Reporter the necessity of having homes properly numbered and report back to the Council ways of enforcing the ordinance. Hurr moved, Butler seconded, to approve the Minutes MINUTES of the Regular Meting of July 13, 1981, as amended. Ayes (5) - Nays (0). REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 24, 1981 Page 16 Hurr moved, Paurus seconded, to approve the 1981 1981 ACTUAL, REVENUI.S* Six -Month Actual Revenues report prepared by Six Months Thomas Kuehn dated August 19, 1981. Motion, Ayes (3) - Nays (0) . Hurr moved, Paurus seconded, to approve the 1981 1981 EXPENDITURES* Six -Month Expenditures report prepared by Thomas Six Months Kuehn dated August 19, 1981. Motion, Ayes (3) - Nays (0) . Hurr moved, Paurus seconded, to approve the 1981 1981 TAX COLLECTIONS* Tax Collections report prepared by Thomas Kuehn dated August 19, 1981. Motion, Ayes (3) - Nays (0). Paurus moved, Hurr seconded, to approve the recommen- FRENCH LAKE TREATMENT dation on the French Lake Treatment Plant, per Dick PLANT Benson's memo of August 21, 1981, and to request the necessary deed back from the Metropolitan Waste Control Commission. Motion, Ayes (3) - Nays (0). Hurr moved, Paurus seconded, t^ deny the -losure of PARK DRIVE CLOSURE* an extension of Park Drive as reque d by Mr. Robert Denial Howells, 1423 Park Drive. Motion, , (3) - Nays (0). The City Council requested Dick Benson, City Administrator, to invite Don Monk to the next Council meeting to discuss the Hennepin County Assessment agreement. Bruce Malkerson, City Attorney, informed the City Council that the Velie/Gibbs lake access matter will be disr-i,ssed at the next Council meeting. Bruce Malkerson, City Attorney, presented the City Council his letter to Richard Hassel dated August 19, 1981, concerning the Forest Arms Lake Access matter. Mayor Van Nest moved, Hurr t._,nded, to approve a Discharge Notice of Lis Pendens for the Robert Bartikoski property at 3532 Ivy Place. Motion, Ayes (3) - Nays (0). HENNEPIN COUNTY ASSESSING VF.LIE/GIBBS LAKE ACCFSS; FOREST ARMS LAKF ACCESS SEWER EASEMENT Robert Bartikoski 3532 Ivy Place Bruce Malkerson, City Attorney, discussed the Courtlen Cloutier matter with the City Council. CORTLEN CLOUTIER REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 26, 1981 Page 11 The appointment to the City Council was tabled until COUNCIL APPOINTMLNT the next Council meeting. Mayor Van Nest moved, Butler seconded, to appoint APPOINTMENT David Opheim, 1430 Cherry Place, to the Planning David Opheim Commission to fill the unexpired term of Gabriel Jabbour, whose term expires December 31, 1982. Motion, Ayes (4) - Nays (0). Mayor Van Nest moved, Hurr seconded, to appoint APPOINTMENT Edward Callahan, 2545 North Shore Drive, to the Edward Callahan Planning Commission.to fill the unexpired term of Tom ^rahm, whose term expires December 31, 1981, and to request that he not represent any client at Planning Commission meetings nor participate in the meetings if his firm represents a client. Motion, Ayes (4) - Nays (0). Butler moved, Frahm seconded, to appoint JoEllen LMCD APPOINTMENT Hurr to represent Orono to the Lake Minnetonka JoEllen Hurr Conservation District, due to the resignation of Norman Paurus. Motion, Ayes (4) - Nays (0). Mayor Van Nest moved, Frahm seconded, to adopt RESOLUTION #1333 Resolution 11333, ` Resolution And Agreement LLOM AGREEMENT Approving Document. Pursuant To The Long Lake/ Orono/Medina Sanitary Sewer Construction And Service Agreement Dated August 10, 1981 (Hereinafter Called "LLOM Agreement"), as amended. Motion, Ayes (3) - Nays (0). Councilmember Hurr abstained. Bruce Malkerson, City Attorney, presented the FOREST ARMS LAKE ACCESSi City Council with a letter received from Richard Hassel, attorney representing the Forest Arms Lake Access matter, dated October 5, 1981. Bruce Malkerson, City Attorney, reviewed with the VELIE/GIBBS LAKE ACCESS City Council the Velie/Gibbs lake access matter. ` Butler moved, Mayor Van Nest seconded, that the LICENSES' following licenses, be approved: John 6 inyer 'rraul - Residential Kenne, Southtown Plumbing - Plumber Frank Kokesh - Residential Kennel Cliff Fadden Sons - Plumber Motion, Ayes (4) - Nays (0). REGULAR ME::TIN(; OF THE ORONO COUNCIL, FEBRUARY 22, 1982 Page 10 Frahm moved, Hurr seconded, to approve the memo OVERTIME* from City Administrator Benson to Chief of Police Jean Hoogenakker Kilbo concerning overtime for Jean Hoogenakker, police secretary,dated February 19, 1982. Motion, Ayes (3) - Nays (0). Frahm moved, Hurr seconded, to approve the memo to John Gerhardson, Public Works Coordinator, concerning procedures for tabluating bid results for materials and equipment dated February 19, 1982. Motion, Ayes (3) - Nays (0). Mayor Van Nest moved, Butler seconded, to appoint Councilmembers Frahm and Hurr to hold a worksession with the homeowners in the Forest Arms Lake Access matter on Saturday, March 6, 1982 at 10:00 A.M. at the Orono Council Chambers. Motion, Ayes (5) - Nays MATERIALS 6 EQUIPMENT* BIDS FOREST ARMS LAKE Worksession ACCESS Bruce Malkerson, City Attorney, reviewed with the HALSETD'S BAY LAKE City Council his letters concerning the proposed DNR ACCESS access on Halsted's Bay dated February 10, 1982 and February 19, 1982. Frahm moved, Hurr seconded, to approve the following LICENSES* licenses: Motion, Ayes (3) - Nays (0). Hayes Excavating - Septic System Installer National Installers Plumbing - Plumber Thoen Plumbing - Plumber Zachman Plumbing - Plumber i Frahm moved, Hurr seconded, that the All Funds BILLS* Accounts and the Liquor Store Accounts, be paid. Motion, Ayes (3) - Nays (0). Hurr moved, Butler seconded, that the meeting be ADJOURNMENT adjourned at 11:30 P.M. Motion, Ayes (5) - Nays (0). William 8. Van Nest, Ma ox �-l� r'> Attest : t �- � A rt• M. Stros, -City Clark KLUULH1l PiLL''IINt.3 Vt L11G VhviVV I.VU'Vl.1L vtt%ltl,tl O, IJ04 tHhC. -U • II There is no assurance that it will dump it MINNEHAHA WATERSHED CON"� at that rate, in fact, under the plan they could have no discharge at all, so if there were bad storms back to back there could be a flooding problem on the lake. City Attorney Bruce Malkerson wanted it stated for the record that Popham, Haik, Schnobirch, and Kaufman does represent the Watershed District. He stated he did not work in that area, but his firm does represent them. Hurr moved, Butler seconded to direct City Administrator Benson to draft a letter to the Watershed and request to be put on their agenda for the meeting to be held on March 18, 1982, so that the City may be heard on it's views of the Gray's Bay Dam matter which is; any attempt to lower lake levels during March 15th through July 15th and November 15th through March 15 would have an intense and environmental impact on Lake Minnetonka. Motion, Ayes (5) Nays (0) Mayor Van Nest reported that the Forest Arms Lake FOREST ARMS LAKE ACCESS Access meeting was held on March 6, 1982, this matter would be discussed in the executive session at the end of this meeting. Mayor Van Nest reported he had attended the mayors meeting on March 4, 1982, and stated the Gray's Bay Dam matter was also discussed at this meeting. He urged the council to try and attend the Watershed District meeting to be held on March llth at our council hall. Mayor Van Nest reviewed with the council the memo from City Administrator Benson regarding the mill rates. Mayor Van Nest reviewed With the Council the memo from City Administrator Benson regarding the 1982 taxes. Councilmember Butler reported that the committee of Cable TV has now changed their name to "Lake Minnetonka Shores Cable T.V. Service Area". Mayor Van Nest reviewed with the Council his letter to Sandy Brunton regarding the RFP's. Councilmember Butler reported that at the Cable T.V. sleeting the setter of types of Joint Powers Agreesients were discussed. MAYORS MEETING MILL RATES COMPARISON TAXES CABLE TV REPORT REGULAR MEETING OF THE ORONO COUNCIL, JULY 26, 1982 Page 5 SCHLEE DEVELOPMENT Glenn Cook, City Engineer, reviewed with the City Council the feasibility report concerning the Schlee Development at 3660 Shoreline Drive. RESOLUTION 01395 Feasibility Report Mayor Van Nest moved, Butler seconded, to adopt Resolution 01395. A Resolution Receiving Feasibility Report On Navarre Utility And Street Improvements. Motion, Ayes (5) - Nays (0). 293OLUTION 01396 Order Public Hearings Mayor Van Nest moved, Butler seconded. to adopt Resolution •1396, A Resolution Ordering Public Hearings On Navarre Utility And Street Improvements. Motion, Ayes (5) - Nays (0). EASEMENTS Ronnies A G : S Cabinets FOREST ARMS LAKE ACCESS HOLLER MATTER 2677 Casco Point Rd Mayor Van Nest moved, Butler seconded, to authorize negotiations with Ronnies' Cleaners and G 3 S Cabinets for the necessary appraisals for easements. Motion, Ayes (5) - Nays (0). Mr. James Grabek, 960 Forest Arms Lane, was present to discuss with the City Council the Forest Lake access. Mr. Grabek stated that he is the spokesman for the neighborhood association and stated that they wanted their fourteen docks approved by Orono and the Lake Minnetonka Conservation District. Mayor Van Nest moved, Butler aeconded. to hold a special meeting with the residents of the Forest Arms Lake Access Association on Saturday, July 31. 1982 at 8:00 A. M. Motion, Ayes (5) - Nays (0). Mr. Arlo Vande Vegte. attorney for Alexander Holzer, 2677 Casco Point Road, was present and requested a settlement of the legal action regarding the Holzer matter that is in litigation. Mr. Vande Vogt* viewed the pictures of the Holzer property and stated that conditions are basically the same now as when the pictures were presented. This matter is scheduled for an executive session at the end of tonight's meeting. REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 22, 1982 PA(;L-9- *LETTER TO DAVE OPHEIM Councilmember Hurr moved, Councilmember Butler seconded to accept City Administrator Benson's letter to Dave Opheim regarding his resignation on the Planning Commission. Motion, Ayes (5) - Nays (0). POLICE HOUSING RELOCATION LEASE The council discussed the moving of the Police Department to the Northwest ;Mechanical Building located in Long Lake. Council asked City Administrator Benson his opinion of the move. He stated he felt is was a move that was necessary, the location was good, the building was the right size and the right price. Councilmember Butler moved, Councilmember Hurr seconded to approve the mc,!e of the Police Department to the Northwest Mechanical Building located in Long Lake. Motion, Ayes (5) - gays (0). CASHIN MATTER Councilmember Butl moved, Mayor Van Nest seconded to approve City At-)rney's letter to Mr. Edward Cashin dated Novecwer 22, 1982 and if Mr. Cashin agreed to the terms of the letter the council would then vote to amend the Resolution #1226 passed in 1980. Motion, Ayes (5) - :lays (0). FOREST ARMS MATTER Council discussed this matter openly it was decided that executive session was not necessary. Mr. James Grabek had wanted it noted for the record that he did not approve of executive session on the Forest Arms matter. It was decided that the purchase agreement would be redrafted and presented back to Mr. Dick Hassel and City Attorney Malkerson will bring it back to the next council meeting. EASEMENT 82-1682-2 City Attorney Malkerson stated that we have two easements that we have not been able to receive yet. The were Ronnie Cleaners property owned by Robert Harding and Schommer. Councilmember Frahm moved, Councilmember Hurr seconded to approve Mr. Harding's property Out lot A being rezoned 5-1 instead of B-5. Motion, Ayes (5) - Nays (0) REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 13, 1982 Page 12 ALLIED PAINTING i RENOVATING* NAVARRE WATER TOWER WAYZATA FIRE CONTRACT* PAYMENT MAPLE PLAIN TREATMENT PLANT- PCA GETTER* FOREST ARMS MATTER* LICENSES* Councilmember Hurr moved, Councilmember Butler seconded, to approve City Administrator Benson's letter to Allied Painting and Renovating concerning the Navarre water tower dated December 10, 1982. Motion, Ayes (4) - Nays (0). Councilmember Hurr moved, Councilmember Butler seconded, to appr;,ve the payment of S11,319 to the City of ::ayzata for the 1993 Fire Service Agreement. Motion, Ayes (4) - *lays (0) . Councilmember Hurr moved, Councilmember Butler seconded, to accept the letter to George Lusher, MWCC, from Gordon Wegwart, PCA, concerning the Maple Plain Southwest Area Final Report. Motion, Ayes (4) - Nays (0). Councilmember Hurr moved, Councilmember Butler seconded, to table the Forest Arms matter until the December 28, 1982 special meeting of the City Council. Motion, Ayes (4) - 'lays (0) . Councilmember Hurr moved, Councilmember Butler seconded, that the following licenses, be approved: Temporary One -day Setup License - Orono Lions Club at the Minnetonka Art Center Baldy Sanitation - Garbage Collector Motion, Ayes (4) - Nays (0). dILLB* Councilmember Hurr moved, Councilmember Butler seconded, thAt the All Funds Accounts and the Liquor Store Accounts, be paid. Motion, Ayes (4) - Nays 0) . REGULAR MEETING OF THE ORONO COUNCIL, DECL.`BE� k 30, 1982 PAGE; POREST ARMS MATTER To counteract that the City Attorney has drafted an agreement that we would propose and would like the City to consider and hopefully we would like the City to conceptually approve. This is an agreement between the City of Orono and LMCD, and what it does is identify these parking spaces that are in use today, that have been in use for many years, and, it says, Here are the parking spaces, they are counted, we have a map and a list of exactly where they are and then further in the writing say the City is going to make these spaces available and that in conjunction with the LMCD we plan to put up some signs that say "available parking for the North Arm Launch Ramp" and that we agree that we are going to keep these servicable except in cases of public safety problems. If we get down the road a few years and all of sudden there is a certain area that becomes an unsafe situation, then our intent would be to work with the LMCD and the County to solve that safety problem without losing the parking spaces, but we do have the ability to change this agreement in the event we come into a :eal public safety problem in any of these areas. It is an ability to identify what is here, get it down on paper in black and white and commit the City so that everybody '•vows that these spaces are going to be available. If we do this at the North Arm Launch Ramp, Spring Park, Deephaven, Minnetrista, and get Mound to do this at the Surfside we are going to come up with more than 760 parking spaces and therefore the main shot that the DNR has that they have to have more access on this lake is gone. If we don't go along with something like this we are going to get launch ramps cramed right down our throat by the state legislature. Councilmemb:r Butler moved, Mayor Van Nest seconded to instruct our Staff to draft a letter to the LMCD and a copy to all the other cities, the, -- the Orono City Council has conceptually adopted this agreement and stand ready to execute it provided that the LMCD is willing and that other cities participate in similar type agreements. Motion, Ayes (4) - Nays (0). City Attorney Malkerson reviewed the Forest Arms Muter with the Council concerning the purchase agreement that was brought back from the last REGULAR MEETING OF THE ORONO COUNCIL. DLCLMh1:12 30, 1982 PALL -8- • council meeting. He had sent a letter to Attorney Dick Hassel stating some things that he should include and they have redrafted that agreement and attached various exhibits to it and this copy is enclosed in the council packet for reviewal. City Attorney Malkerson recommended that Council approve it and the signing of it by the Mayor and the City Clerk. Mr. JamesGrabek representative of the Forest Arms Homeowners Association stated he had a few comments regarding the language of the agreement. 1. Paragraph 8 - add the following phrase after the word LMCD: "or City of Orono, whichever regulations are more restrictive." 2. Paragraph 10 - any reference to a mortgage on Lots 1 and 2 should be stricken since the City is purchasing the property on a contract for deed and there is no need for a mortgage. There should be language that in the event the mortgage on the individual lot would cause the acceleration of a previously existing mortgage, then the mortgage contemplated herein need not be filed. 3. Paragraph 11 requires liability insurance naming the City of Orono as an insured during the pendency of this contract but it does not state how mush. I suggest that the typical liability coverage of S100,000 and $300,000 would be sufficient. 4. In Paragraph 14 since there is no earnest money to be paid, the reference on the bottom of page 4 to earnest money should be stricken. 5. In Paragraph 16 ti, s!. )uld be language added at the end of the last s,-. ce of that paragraph, 'all subject to the Orono:. ,q code in effect at the time." 6. This agreement requires that emeone sells his/her lot, that he/she then pays a_ the amount allocated to that lot. It was noted at in the event of such a prepayment and a b '�sequent default by the homeowners associatio; on the contract for deel, then the prepaying property owner will have, in effect, forfeited money for years in which that lot can no longer have the benefit of this aarLement. Therefore, this agreement should be amended to provide that in the event of a default, anyone who has paid more than his/her fair share to the point 1n time, may upon demand obtain that overpayment from the City without interest. • . w REGU4AR MEETING OF THE ORONO CCUNCIL, DECEMBER 30, 1982 I'AGE-9- Councilmember Butler moved, Councilmember Adams seconded to approve the agreement being aware of the language changes discussed and that the staff i s author i zed to make those changes and submi t i t to the purchasers for their signature, and that the Mayor and the Clerk be authorized to sign . Motion, Ayes (4) - Nays (0). AW OURNMENT Meeting was adjourned at approximately 9:30 P.M. ATTEST: (:I TS' of ()R()NO I'nht Office Box 6fieCryvtal hay, Minnes.,ta 553239Municipal Officr, On the North Short' of hake Minnetonka May 8, 1987 Mr. Thomas Theisen, President Forest Arms Country Club Addition homeowners Association 4175 Forest Lake Drive Mound, MN 55364 Dear Mr. Theisen, We have recently received payment of the installment d;;e April 1, 1987 on the Contract for Deed for Lots 1 and 2, Block 3, Forest Arms Country Club Addition. The payment sent the City was reduced by the portion representing the Dongoske balance paid off. During the original setup of the contract no provision was made for adjusting the quarterly amount payable to the City regardless of prepayments. Both myself and City Administrator Bernhardson feel this was an oversight. Therefore, a request for an amendment to the Contract for Deed would be in order as any payment schedule changes require approval by the City Council. Please write the City and request amendment to the Contract for Deed payment schedule for prepayments. We will bring the request to the Council for action as soon as possible. We have also recently received a certificate of insurance liability coverage of the property being purchased by the Association. The certificate does not indicate that t � City of Orono is an additional insured. Please note the purchase agreement requires that the Association name the City of Orono as an additional named insured. Please inform your insurance agent and make the necessary correction of this oversight. Have the agent send the corrected certificate to the City. Thank you for you prompt attention to these matters. If you have any questions please call me. Sincerely, Thomas M. Kuehn Finance Director cc: Mark Bernhardson, City Administrator Forest Arms Association, c/o Sue Dongoske Jerry Lemire, Treasurer Forest Arms Country Club Assoc. NJILOIN:a ZONING - 47)-1331 • ADMINISTRA f W A FINANCE - 173.7338 • FUKIC WOOK3 - 473.7359 ASM14G TO: Mayor and City Council FROM: Mark Bernhardson, City DATE: June 30, 1987 SUBJECT: 4545 Wayzata Boulevard r 1- 3 c3i 7187.2 Administrator.-. e4 Attachment A. 4545 Wayzata Blvd. Memo Dated 3/26/87 B. 4545 Wayzata Blvd. Memo Date 4/3/87 C. Slaughter Letter Dated 7/7/87 With Attachments ISSUE - Determining if the City wants to undertake the process to create a public easement across the railroad to provide access to 4545 Wayzata Boulevard and other properties in the area. INTRODUCTION - As you may recall back at the Council's March 28, 1987 Council meeting the owners of the property referenced above had requested that the City condemn for public access their current private access across the Burlington Northern tracks. The railroad had indicated that they would not agree to a "friendly" public access across at that point. The City therefore would have to exercise eminent domain proceedings for the crossing. As noted on Attachment C the current private access is not only for the subject property listed above, but also three other parcels that abut the railroad tracks. The initial reason the Slaughters had for gaining this access was the fact that the Slaughters had received several turndowns for mortgage insurance from companies as the property was considered landlocked. It was the Slaughters' contention that when the City had approved a lot line rearrangement, it should have addressed access feeling that the City should not allow landlocked properties. The original division of this property was done by metes and bounds and that in 1986 the City did approve a lot line rearrangement, but did not take into account the issue of access. The City generally only addresses this issue for subdivision that involves creation of new lots. Previously the staff had at Council's direction worked with the Slaughters to explore other avenues of access that they might be able to utilize apart from crossing the railroad tracks. It is our understanding that these have not proved to be fruitful. DISCUSSION - While the Slaughters were turned down by different mortgage insurance companies they were finally able to obtain permanent financing from the 14th based on a favorable opinion regarding the access and have undertaken their construction at this time. 4545 Wayzata Boulevard June 30, 1987 Page 2 of 2 They however feel that the issue regarding the access remains and that they would like the Council to again address it. As the potential for problematic sale exists, not only with the Slaughters but also the other properties utilizing this access, it would be appropriate that the property owners involved work together to see if they can obtain a private solution to this issue which may involve the forming of a homeowners association and possible construction of, at least in part, a private road. Jointly the parties may be able to gain an access to the west that individually they were not able to gain. This alternate access to crossing the tracks may never need to be developed. As an alternative, once formed the City may look to undertake the condemminq of a public easement at the owners' expense to serve this private road once the private property owners have undertaken the necessary steps outlined above. It should be noted that the present location of the access is probably in the City of Medina, but that does not preclude condemnation of that or our alternative i.i Orono. RECOMMENDATION - It is staff's recommendation that before the Council consider condemning the public access that the hon-owners, at a minimum, formulate a homeowners association and do the necessary platting of a pr _vate street to serve the area and that they jointly work with property owners to the west to jointly obtain an access to their property. If this route proves unsuccessful then it is recommended that the issue be brought back with the homeowners association in place and the necessary documents available to create the private street and based on that the Council consider condemming of the public access at the owners's expense. PROPOSED MOTION - Moved by _, seconded by _, that the Council indicate that they will further consider condemnation of the public easement at the owners' e,:pense across the railroad tracks once the homeowners involved have: A. Formed a honeowners association B. Undertaken the steps necessary and agreed to private road to serve the properties C. Have jointly sought access not involving crossing the railroad track. Ayes _. Nays _ cc: Jayne Slaughter, 4545 Wayzata Boulevard wATNEG.POPMAM RATMONO A. MAIM POGCR w. SCMNOBPICH DENVER KAUrMAN DAVID S. DOTT ROBERT A. MINIS. ROL►C A. WORDEN G. MARC WMITCMCAD BRUCE D. WILLIS rREDCRICK S. RICHAPCS G. ROBCRT UONNSON GANV R. MACOMBCR ROBERT S. BURK MUG. V. PLUNKETT. 11, r PEDERICK C. BROWN T.oMAS K. BERG JAMCS R. STEILEN DAMES B. LOCK.APT ALIEN W. NINCERA.EP CLIIrORD M. GREENE D. MILL -AM KAVrMAN POPHAM, HAIK, SCHNOBRICH, KAUFMA MICHACL O. rRCCMAN -OwARO SAM MTERS, 111 THOMAS C. D-AOU'LA LARRY 0.9SPEL JANIE S_MATERON THOMAS J. BARRETT JAMCS A. PAYNE DAVID A. JONES LEE C. SHEENY ALIEN rPECON PATR'C'A A. JENSEN LESLIE G'LLCTTE MICHACL T. NILAN ROBERT M, LTNN THOMAS M. S'PRINS ROBERT C. MOI L A N C N ♦MOMAS /. NELSON THOMAS J. PADIO CAV,O L. .ASHMALL KATMLECN M. MART N JONN C. CHILES 33:.0 PIPER JAf r RAT TCWER MINNEAPOLIS, MINNESOTA 5540 TELEPHONE 612-333-4800 7ELECOPiEP �6Yy,..LTD. - MAR 2 61987 612.334.2713 CN ['16L S`�`s[wi oN '7000 M. JO-15ON M.3 C SANN[R LOWS P. SMIT. BP, Y(VH EETERS��AN�CON NOL LT SUITE 2A00 GART D. BLAC Kroa0 DRUCC M. L11'6E '200 SEVENTEENTH STREET SCOTT E. ­C-TER MAR„ r. PAL.. DCNVER. COLORADO 60202 PAUL J. L'NSTROT. RVSSCLL S. PCNESSA TELEPHONE 3C3.893•1200 cCOTT A. SMITH BPVAN L. CRAWrCPO TCLECOPICR 303.893.2'. 4 CL'SABETH A. THOMPSON AVID K -ICEN K(I"M J. MALLCLAND OWCN C..CRRNSTAOT SUITE 3CO SOLT. MAR♦ B PETE RSON MAT THEW E. CAM.'-.N 'BOOM STREET. N W O. PA.r DALL DOTER -C.N W. PRC'O WASHINGTON. D C 20036 BPIAN N. JOHNaON GREGCR♦ G. BROCKER TELCPHCNC 202 828-!300 .'MOTMT W KUCK W ILLIAM M. OJILE. -IQ. TCLrr OPIER 2Z2'828.53'8 CAROL B. SAANSON -CRPANCC A. CCSTCLLO DIRECT DIAL NUMBER 8RUCE A PETEPSON JCSE.. D. VAss JULIEA SWEIT=ER DP'AN W. OHM THO. AS C MIELEN.AUSEN STCVEN A. C.CLCSNI. A•. fMLEEN A. BLATS GREGCR� G. SCOTT MICHACL D CMR,STENSON J.M CHAEL SC.WART2 .r cCL Ni(L L.RA.0 M. OSBORNE r EO L.-CPP,SCN March 25, 1987 Mr. Thomas R. Jarnagin Superintendent of the Burlington northern Burlington Northern Railroad Company 80 44th Avenue Northeast Minneapolis, M:1 55421 Dear Mr. Jarnagin: Our office represents the City of Orono. There is an existing private crossing in the name of Jane Slaughter and others located at survey station 1124+08, Milepost 30.72, the so-called Mapleplain crossing. Since this crossing serves several residents of the City of Orono, and because of title problems of Mrs. Slaughter, the City of Orono is requesting that the railroad agree to provide it with a public access over the railroad property. Could you please let us know a) whether the railroad would consent to such a public easement, and b) any costs for the easement which the railroad would expect the city to bear. As well could you provide us with a copy of the easement which you would require us to sign if the easement is grantee:. TJB/dlo/2887j cc: John Gerhardsen City of Orono Very tr Fours, r e Thomas nett To: Mark E. Bernhardson, City Administrator From: John R. Gerhardson, Public Works Coordinator Date: March 26, 1987 Subject: Public Easement Access - Burlington Northern Railroad Recently, the City of Orono was notified by Jane Slaughter, 4545 Wayzata Boulevard that she cannot obtain financing to build a home on their property because the access to their property is a private easement from Burlington Northern Railroad. Their financing company will not recognize the access unless it is a public easement from Burlington Northern to the City of Orono because there is more than one property served by the access (4 total). Orono Attorney, Tom Barrett, is communicating with Burnlington Northern to determine the feasibility of a public access for private use and to determine the impact to the City ana if there are are any costs related to a public access (see attached letter). It is hopeful that Mr. Barrett will be able to provide additional information Monday evening, March 30, 1987. 4387.3 TO: Mayor and City Council f �1. FROM: Mark Bernhardson, City Administrator DATE: April 3, 1987 SUBJECT: Access to 4545 Wayzata Boulevard ISSUE - Update of Council regarding progress on above stated matter. INTRODUCTION - At your last meeting a request was made to the Council for the Council to undertake the appropriate condemnation procedures to make the cra55ing of the railroad tracks a public crossing. This was requested in order that the property at the above stated. address together with three other properties would have an access satisfactory to the title insurance company for mortgage purposes. DISCUSSION - Following the meeting on March 30, 1987, the Slaughters were directed to see if they could obtain another easement that would not involve crossing the railroad by the property owners to the north and west or property owners to the east. Such an easement would not necessarily have to be constructed as they could still use the private easement across the railroad tracks, however, this would give them legal access to the property and would hopefully satisify the title insurance company. It is our understanding the Slaughters are currently exploring these possibilities and as such this may obviate the need to readdress the issue of crossing railroad. RECOMMENDATION - It is recommended that the Council table this item until April 27, 1987 at which time the status can be reviewed to see what, if any, action on the part of the City is appropriate in this matter. PROPOSED MOTION - Moved by , seconded by , to accept staff's information regarding this issue and the item be tabled until April 27, 1987 to review further progress on the matter. Ayes Nays cc: Jane Slaughter WAYNE G. ►OPHAM RAYMOND A. MAIK ROGER W. SCMNO•RICN DENVER KAUrMAN DAVID S. DOTT ROBERT A. MINISM ROLrE A. WOROEN O. MARC WHITEHEAD BRUCE O. WILLIS rREDERICK S. RICHARDS G. ROBERT JOHNSON GART R. MACOMBER ROBCRT S. BUNK MVGM V. PLUNKETT. III rREDERICR C. BROWN THOMAS K. Dena JAMES R. STCILEN JAMES V. LOCKHART ALLEN W. MINOERAKER CLIrrORO M. GREENE D. WILLIAM KAUrMAN POPHAM. HAIK, SCHNOBRICHI KAUFMA .IICHAEL O. rwEEMAN HOWARD SAM MTERS. 111 THOMAS C. O'AOUILA LARRT O. ESPEL JAN.E S. MAIERON THOMAS J. BARNETT JAMESA PATNE DAVID A. JONES LEEC.SHCCHr -LAIN rRCCON PATRICIA A. ✓ENSEN LCSLIE G•LLETTE MICNACL T. NILAN ROBERT H. LTNN THOMAS M. SIPKINS RODEPT C. MO,LANEN TMOMAS r. NELSON THOMAS J. PADIO CAV'D L. MASH MA LL .A' -LEE, M, -ART.N JOHN C. CH LCS 3330 PIPER JAf FRAY TC%&ER MINNEAPOLIS, MINNES.JTA 5540 TELEPHONE 612.333.4600 TCLECCPIER 612-334.2713 SUITE 2400 1200 SEVENTEENTH STREET DENVER. COLORADO 80202 TELEPHONE 303•111D3-1200 'ELCCOPIEN 303-803•2194 SUITE 300 SOUTH IeCO M STREET, N W WASHINGTON. D C 20036 TELEP-ONE2oz a2e•_3CO -ELECOPIER 2C2 a2a-63a DIRECT DIAL NUMBER 5�77Y,'.L7D� DO tYili3 P: S[ATON T"t" E {ANNCR B RIJZ'�[T. MCPMEETEMS GAwv O. BLAC Kr ORD SCOTT C. PIC-TER PAUL J LINSTROTH SCOT, A. SMITM ELIZABE'H A. THOMPSON KC1TH J HALLELANO MAR. G. PETEwSON D, RANDALL BO'ER on... N. JOHNSON 'IMOTM• W KUCK C.ROLa.SNANSON DRUCCA PETERSON JULIE A Sw EITZER MO--S C M,ELENMAUSEN .ATHLCCN A. BL.'Z MICHAE, D. CHR STCNSON J -1C..AEL SCHw.R'Z L•R.'C M CSSOPNC March 25, 1987 Mr. Thomas R. Jarnagin Superintendent of the Burlington Northern Burlington northern Railroad Company 80 44th Avenue Northeast Minneapolis, MN 55421 Dear Mr. Jarnagin: TCOO M. JOMNSON LOVIS PTSMITH MANS D CCNNOLL• ewuCE H. LIT'LE MARK PALM• RVSSCLLS.PCNCSSA BP'ANL CRAMrCnO DAVID + PTCEN OWE-4 C. MERRNS-A,T MATTHEW C. CAMCN ✓CMN W. PROVO GPEGOw. O. BROO.EP U I.I.AM M. OJILE...R. 'ERRANCE A. COSTELLO -OSEPM D. VASS BRIAN W. OHM S'CVEN A. CHELESNIK GPEOOnl G. SCOTT a,COL.sC: "ED L. MORN SON Our office represents the City of Orono. There is an existing private crossing in the name of Jane Slaughter and others located at survey station 1124+08, Milepost 30.72, the so-called Mapleplain crossing. Since this crossing serves several residents of the City of Orono, and because of title problems of 'ors. Slaughter, the City of Orono is requesting that the railroad agree to provide it with a public access over the railroad property. Could you please let us know a) whether the railroad would consent to such a public easement, and b) any costa for the easement which the railroad would expect the cit}- co bear. As well could you provide us with a copy of the easement which you would require us to sign if the easement is granted. TJB/dlb/288'Ij cc: John Gerhardsen City of Orono Very tr ,,ours, t.-- �/ e 'L'� Thomas rett 1 5887. 5 L� TO: Mayor and City Council FROM: Mark Bernhardson, City Administratot DATE: May 8, 1987 SUBJECT: 4545 Wayzata Blvd. At the applicant's request this item is tabled until the May 26, 1987 meeting. PROPOSED MOTION - Moved by , seconded by , that the Council table the matter of the access for the property at 4545 Wayzata Blvd. until May 26, 1987. Ayes , Nays 441 all r w Aw ffr ,.--was'° a • � •afy� ` • ` ' � j �, �• jot♦ t I�E� it ' � t •K ,_ -.,� �,\ � _ ______ ______ "mow Ount: �. ��•�� r�r• fr --- — .1 .it SEER" .`• • • ••• i 1 J •i ' Y� ur2�a.L ? Off SffEEi } <x 3 5•+EET$ ON n �'1 < • � �- ... _ .. JA► E SLAM HT>±R JuLY 11 iq,bll C I T4 OF ORO kID P.O. Wk (o (P GRYME SAY I MN 55323 RI:: Access ro -rt545 h/AYZATA ecVa, DFAR, MARK &.)P. JMKDSo tJ , 4545 WAYZ4TA &VO. MAPL6 Py-A1NI MN 5535y tf: 8(o►-s7&" or 179- aoi E►aGcOSF-D YOU WILD, FIND Copi s OF LETTER-$ FR01A TITLE IMSORAKiGt CO.'s 0E-*JYtA 6 OS MOXT6466 I NSuR,A#Ic,e , LETTGR,S F R DM NE )G H 6n Z5 Cw-m-1 rNG US cAstMENTS Ac44r4-..s5 VNLFI K PR-)PffVJ'S) A L CjTEK FILM INC RAILROAD ctuYiQ& F.4►st-'KeW AND ALcT -e iL 4 MN. kuLe5 Pvsuc It WATM RE.cOVACer> 5HoWIi 6 PROMM WA1'LrRS . I NAVE ALS6 014POPED A LISr OF AODIT16NAL IlTLE 4-Ir •qANcr, COMPAN11=5 SAT I PAW, row -mL PtfoNE Cow - AT(ONIS W I T-H THAT -ASSG EXPLA I NEB PARALLF, *45 FiM Nor NSOR R,I n16 oo R Mo prr-UY AS rt , FICK THESE ACA.5oN 5) aV6 KI TN0060 KI E NAvE FOOND (ONLY) OI46 I N S VRAN CE Cdy F%NV 7a MC !T OUR 1Jej�D5 AND WCAis 6 TH ARE ARE Th RIe (,THM PRn Ptr►e'5 USIi ECG THIS SAME, RR x- ►NG / VJJr ARE STILL ASKING FOR THI< UPI' OF Ov4oNo TO 015TA IN A PU SL." <- CR75S1 N(, AT -rH IS Fvl^lT, Rev v!✓p-Fvu40 yov�es� ar•►u %� rc,� �1 �1 � Wes AmMNA'— Tcmt INSURANCE C, s IIIAT DONa McRIWL" IW. N o Rr G-A rz T rlt /IVY. 37 5 - r = mpo, WICF- 140 5, 5t, Sr. - awl #64&7,. VNiVM5AL TrLc IN5uUK(-e GO, S24-C%89� '77?? *Sp rW6VN ACS.- WAL- t i -rt rL6 cop' 8 3 S - 3 3� Davio W.,& Marjorie G. Kearin 1242 Townlinn Road nlapl a P1 ai. , A 55359 April 25, 1987 lane & GI-nn Slaughter ",'527 Harriet Avenue So. Richfield, flIN 55423 DPai ,Ir. & Mrs. Slaughter; This is in response to your April 6, 1967 letter and subsequent tPIPph )ne calls. As ;ou learned from Jo Ellen Hurr of the City of Medina, and wQ also verif"ed with her, all easements in the City of are required to be at least 60 feet. Because nF this fact, we regret to inform YOU that we will not b.1b ;I&Its `. p,.) ,ide yuu !ith the easement you requi -r- Sincerely, Davis( W. & Marjorie G. Krarin liicli�el ^r] `'nl,it� '�lci:r , 1„•„ „ ; .T .,(; $t ,-.. •,ter 757'7 if --mir.-t hle. :3--I,tll Rirhfiillp ltilul. D^-r -i ] J-ne, TI-An 1.-tQ!r ;s: i.r rr,---rl to tho littor --ie receive_l frnm ;,ou ^s i 11!17 in -Jldrh mm re rl.ftel ^ .locltilentel e-senent ^crocs crar nroperty to ^cceos onto Totmli-.,e Ro^1. ^ii ct ll^,•a r-poriemrn Ath +,1,o rot n2'Oerf3 -'1 t --r m,win ',,n -re m-lil.to honnr :,over re .,^^t. itn�r^tf"ll.;t, Bn,�it^ 17. r,:] !I- rr 1 t Dicr:en 1100 To% M ". Ive Rr, 1 11-n1e MAI- Multi. 55"59 Irr 3-1� IF`7 Gi.n­r - -11 .7 vo ST-ur .;' I t-r 75'171 i(,t. Al?,!. .3-0c.1 I 4.,,3 ij,) %roll th-t I!c All. "lot Ile -TAO to lin,ior re 1,.A or ft. -croin o-7r 2rcpert;n to -icnrs onto Totalli.,in Ito-1. W lu-i Ivien free from niw 3iich otc. et,,-,. for j(b -re 11'n'til.1bir to rrl-n -,rrw, vitch -vr#ie.n.eA,- :!'rich Ov, folillre or v,bq of otir It,1XI'lly 0 Miclpi Dircen BURLINGTON NORTHERN RAILROAD MINNESOTA / WISCONSIN DIVISION SUPERINTENDENTS March 13, 1987 80 Foriv•Fourih Avenue N E Minneapolis, Minnesova 55421 Mr. Steve Hunt Stewa,t-. Title Company 514 Ni.ollet Mall Suite 450 - Nicollet Center Minneapolis, MN 55402 Dear Mr. Hunt: We have been contacted by Mr. and Mrs. Glenn Slaughter with regard to their permit to cross Burlington Northern's right- of-way and track at Maple Plain, Minnesota. Mr. and Mrs. Slaughter currently have Private Roadway and Crossing Agreement CX 6009 with Burlington Northern Railroad Company which is cancellable. The indefinite nature of this authority apparently has caused concern to you with regard to the Slaughter's attempt to secure financing to build a home on the property they own. This is to inform you as to the policy of this company as it regards private grade crossing permits. The company does not grant permanent easements for private crossings. On a system- wide basis, access for private individuals across Burlington Northern right-of-way and track is handled by the private crossing permit, cancellable on the part of either party. If it is of any comfort to the parties involved in thin trans- action, we can find no record where Burlington Northern has arbitrarily cancelled a private crossing permit. There are no circumstances presently in mind which would vary that policy. Hopefully this will alleviate your concerns and will allow the Slaughters' to obtain the financing they desire. Sincerely, T. R. 9,rtnLg�i� Superintendent By: R. H. Hayes rh File: Maple Plain 24-25 NmrlJes n/ I:nnfiarl STEWA ItT TITI.l COMPANY OF MINNESOTA APRIL 6, 1987 GLENN anl1 JANE SLAUGHTER 7527 HARRIET AVE. S. RICHFIELD,MN 55423 RE: OUR FILE NO. 87109407 DEAR MR. b MRS. SLAUGHTER, 514 Nlcollet Mail, Suite 450 Mlnntaoolls, MN 55402 (612) 375.1100 This letter is tr, confirm our conversation of 4-3-87 wherehy you stated that you were considering obtaining driveway easements over the properties southeasterly of yours in order to obtain 'legal access to your property from a public road. It is my understanding that the property you are considering obtaining the easement over is wetlands regulated by the Department of Natural Resources an6'*hat it would not be possible to actually construct a driveway on the easerient land. Stewart Title would not insure cccess via an easement which would be unusable. Please keep me informed of your progress in resolving your access problem. Sincerely, Steven N Hunt Sr. Examining Attorney ray I NIN, 2u,�s 6115.01" PUBLIC WATER RESOURCES 110 6115.0190 FILLING INTO PROTECTED WATERS. Subpart I. Goals. It is the goal of the department to limit the placement of any till material into protected waters in order to: A. minimize encroachment, change, or damage to the environment; B. regulate the quantity and quality of fill and the purposes for which filling may be allowed based upon the capabilities of the waters to assimilate the material; and C. maintain consistency with floodplain, shoreland, and wild and scenic rivers management standards and ordinances. Subp. 2. Scope. Filling as used in this part involves placement of unconfined or loosely confined materials in protected waters. Subp. 3. Nonpermitted placement. Placement shall not be permitted in the following cases: A. to achieve vegetation control; B. to create upland areas, except where expressly provided herein; C. to stabilize beds of protected waters which cannot support fill materials because of exLessive depths of muck, steep bank, bed slope, or other conditions; D. to stabilize or impound the site of active springs; E. to dispose of rock, sand, gravel, or any other solid material resulti,ag from activities rar,ied out above the ordinary high water mark; F. to construct a roadway or pathway, or create or improve land accesses from peripheral shorelands to islands, or to facilitate land transportation across the waters; howe%er, where a project is proposed by a federal, state, or local government agency and this provision would prevent or restrict the project, or create a major conflict with other public purposes or interests, the commissioner may waive this provision providers: (1) there is no other feasiblt and practical alternative to the project that would have less environmental impact: and (2) that the public need for the project rules out the no -build alternative; G. filling of posted fish spawning areas is prohibited. Subp. 4. No permit required. No permit shall be required for the following activities unless prohibited under subpart 3: A. To install a beach sand blanket provided the sand or gravel layer does not exceed six inches in thickness, 50 feet in width along the shoreline, or one-half the width of the lot, whichever is less, and does not extend more than ten feet %% r—ard of the ordinary high water mark, provided local watershed district ar. , I zoning officials are given at least seven days notice by :he landowner. B. Uor one additional installation of a sand or gravel layer subsequent to an initial installation at the same location and not exceeding the same amounts and dimensions allowed under item A. C. "fo install riprap shore protection, except along the shores of Lake Superior and officially designated trout streams, provided the riprap materials consist of natural rock having an average size of 12 inches or larger in its smallest dimension, and conform with the natural alignment of the shoreline. with a minimum finished slope not steeper than 3:1 horizontal: vertical, no materials are placed more than five feet water -ward of the ordinary high water mark, a: ; the material does not obstruct the flow of water. D. To place fill in a protected watercourse having a total drainage area, at its mouth, of five square miles or less, provided that the watercourse is not an officially designated trout strum and the placement of fill %hall not result in: r /1 .n-.Ir Iltl��tQ ��•��� (. �U N ! N H � ( • 1 /YAP �°ti'L lCsovl `nP _ ...'c•.__ �u< ram, - - - - -• ,• ,.... r ���,14�1v y1w Jai INDEP[NDENCE I 9i.4.j Is ISP � W� ,-._..I�-•-` yr.:t ., - -� - 1 ,I ' , •• SpH' � • _ GYCW r r` i ` Si34,, • arlw - � -I'11v S+S1te- 11S1u ! '� "'h iv N.. tY � • 'W.y 1 ,we l� HOP woo 10) �` . 94tV�.1 � ►' May � •� _ ' fn top • C � r ! C p � t �c GUARANTY (2T' TITLE, INC. t,J0/ suite 100 317 second avenue south minneapolis, minnesota 55401 (612) 339-5813 June 18, 1987 .Jane Slaughter 7527 Harriet Avenue South Richfield. Minnesota 55423 Dear Mrs. Slaughter, As I previously informed you, this Company cannot , sure the title to the property at 4545 Wayzata Boulevard in Maple Plain without taking express exception to lack of access to a public street or road. Since all mortgage lenders would require a title policy without such an exception, there is no point in processing an order at this time. I am aware of the State Statute that establishes easements over railroad rights - of %.,ay. However. the applicability of that Statute depends upon facts W.1.ch are outside the exanin.-!five, of title process. In general we do not insure over known serious as lack of access. I recommend familiar with real estate matters. Very truly yours, T. P. McManus TP:I/c jk title defects; particularly defects as you seek legal advise from an attorrey titles insured by LaWwrs Title Insurance (1grporation k„n,fit I „/ t.,,nItatI STEMA RT TITLE' Suite 100 South Point Office Center 1600 West 82nd Street Bloomington. Minnssots 55431 (612)888-6353 April 27, 1987 Mr. and Mrs. Glenn Slaughter 7527 Harriet Avenue SoLth Richfield, MN 55423 RE: 4545 Wayzata Boulevard, Maple Plain, Minnesota Our File No. 87109407 Dear Mr. and Mrs. Slaughter: This letter is to confirm our telephone conversation regarding Stewart Title Company's insuring access for the referenced property across the Bu. ington Northern right-of-way and track. As I indicated, this matter was su►tmitted to our underwriter, Stewart Title Guaranty Company in Houston, Texas. Our underwriter is unwilling to insure access on the basis of Minnesota Statute Section 219.35 because the underwriter questions the ability of the State tc. abrogate the ownership rights of the railroad in the land by statute. Because there is very little case law on this section, the underwriter does not feel that this question has been settled and, consequent]-, is not willing to insure access. Please let me know if you have any further questions. Very truly yours, Janiel L. Lee Assistant Vice Presgider6t.'Counsel JLL:gk ATTORNEYS' TITLE GUARANTY FUND, INC. The 1 auryer's Organisation for Jnsurinif Titles to Real Estate MINNESOTA OFFICE: 201 FIRST WESTERN BANK BUILDING 8000 HIGHWAY NO. 7 MINNEAPOLIS. MINNESOTA 55426 EDWARD A. LITWINCZAK VICE PRESIDENT MANAGING ATTORNEY (612)938.3544 MN. WATS LINE 1-600.292-4104 June 17, 1987 Ms. Jane Slaughter 7527 Ilarriet Ave. South Richfield, MN 55423 Re: RR Access / Kevin Snell Referral Dear Ms. Slaughter: HOME OF'.CE: 910 SOCO BUILDING 1800 GLENARM PLACE DENVER, COLORADO 80202 (303) 292-3055 TOLL -FREE NATL. WATS LINE 1-600-525-6556 Youl request for mortgagee's title insurance was referred to me by our member, Kevin Snell. As I told you, Attorneys' Title Guaranty Fund, Inc. is an authorized agent of American Title Insurance Company. Ycu had requested title insurance on the following described parcel: That part of the E 1/2 of the NE 1/4 of the SW 1/4 of Section 30, Township 118, Range 23, EXCEPT the East 128 feet thereof. Tax ID N30-118-23-31-000e As 1 understand, the only ace.. • •., !'.is property to a public road is across a railroad right of way. I also understand that thy.., iS no easement agreement allowing access across the railroad right of way. Because there is no legal access to this property, any title insurance policy issued by American Title would reflect this lack of access and would not insure any resulting loss or damage. This in of insurability would hold true whether it was an owner's or a lender's title insurance policy. American Title would insure access to the property only if either of the followin, , '-urred: 1. The railroad company which owns the right of way grants you in easement and this easement agreement is duly recorded; or 2. A public easement is created by condemnation by the appropriate governmental subdivision(s). (This condcnlnation must be an action tried in a court of competent jurisdiction and the railroad company whi: h owns the right o! way must be named as a party.) I understan-. Atle .i, •urance you are virtually unable to o0a,- fi►iancing as nearly all lenders re ra, -e so they can sell the loan in the sec( Lary market. This, pis. Jane Slaughter June 17, 1987 Page Two I am sort other title .t 1 cannot be o' ,ro--. help ' i you. However, I believe that you will find any ut:urance company yually rolucl ant to insure access. Please feel free to contact me at this offi.,e :f you ,• : r any questions or comments about this matter. Sincerely, :Mark BI omquist Staff Attorney MB/sc cc/hIr. Kevin Snell VIcaconia State F3an 9 EAST MAIN STREE WACONIA, MINNESOTA 55387 • 612/442-5161 METRO 448-7244 Jane Slaughter 7527 Harriet Ave. So. Richfield, MN 55423 RE: Burlington Northern Crossing Rights Dear Jane: The crossing rights that have been granted to you from Burlington Norther.. Railroad cannot be insured by any of the major Title Insurance in the Minneapolis/St. Paul Metro area. Stuart Title, Minnesota Title, and Walsh Title have cited the potential risk that the c•-,rrent crossing agreement presents. Burlington could refuse to enter into a new agreement. If that happened, your land would be land locked, your only ingress and egress would be via helicopter. If you have Fny questions or need any additional assistance, please feel free to call me. Sincerely, Ger y Delaney Y— Mortgage Officer las enc. MARK T. WEEMS ATTORNEY AT LAW SUITE 203, ROSEVILLE SANK BLDG. 4061 LEXINGTON AVENUE NORTH ARDEN HILLS, MINNESOTA 66126 TELEPHONE (61t) 46t-6000 June 15, 1987 Mr. and Mrs. Glenn Slaughter 7527 Harriet Avenue South Richfield, MN 55423 Re: Title Insurance/The Security Title Guarentee Corp. of Baltimore Dear Glenn and Jane: This letter is to confirm the telephone conversation I had with you recently regarding your application for title insur- ance with Security Title. As I explained to you, the representative for the above Corp- oration has stated that that company has declined to insure your property due to the lack of access to it. They further explain that even though y,have a crossing agreement with Burlington Northern, that i,.,'eement may be terminated by B.N. for any reason. Another mii r reason was the fact that that agreement is not of record. I am sorry that this company was not able to issue a policy to you, however, if that crossing were a public crossing I do not believe that there would be any further problem in getting title insurance in the future. If I may be of any further assistance to you please do not hesitate to contact me. Respectfully yours, Mark T. Weems, Esq. <Tt-"\ R. R. RULES in refusing to instruct that single on common boundary between two hts of way would have been suffrr lance with fencing statutes and by ad instruction which might have led ve that had both railroad companies th fencing statute there would have fence on common boundary between i of way. Strand Y. Great Northern 151, 233 Minn. 93, 546, 46 N.W.2d 266. language nor purpose of 11 219.31 to luires that adjoining railways erect sees on their common boundary. Id. 219.31 is liable for all rest -•Ling iy its negligence. If it fails to pay within 30 days after the damage ,mpany, before the commencement �e amount recovered, exclusive of tot recover costa or disbursements. . 4, { 1. >endent intervening force which would � negligence of railroad in failing to right of way. Strand v. Great North- ;o., 1951, 233 Minn. 93, 546, 46 N.W.2d Weight and sufficiency �n by seven and one half year old boy to or injuries sustained by him when he ailroad right of way and railroad car his right foot and leg, evidence sus- ry's finding that railroad upon whose way and by whose train plaintiff was ind proximately caused injury by its fence its right of way. Strand Y. orthern Ry. Co, 1951, 233 Minn. 93. i.W.2d 266. ructions Bona) injury action brought by infant against two railroad companies which ed adjacent, parallel rights of way, trial red in refusing to instruct that single ice on common boundary between two ' rights of way would have teen suffi- npliance with fencing statutes and by istead instruction which might have led ,elieve that had both railroad companies with fencing statute there vnuld have able fence on common bourlary between irs of way Strand v. Great Northern 1951. 2J:1 Alinn 91, 546, 46 N W ?d 266 MINNWO STATUTE § 219.3:i ft. R. RULES 219.33. Fences, crossings, cattle guards; landowner recourse Subdivision I. Liability. A railroad company operating a line of railroad in this state, n'hich has failed or neglect�1n dtbnca person as a consequence sof thatnfailure eor neglect. liable for all damages sus Y or Subd. 2. 1)lensure of damages. The measure of, darnageonf for lineroftrailway rof construct maintain a fence is as follows: the owner of land abutting railroad company may serve notice on any of its station agents between April 1 and of a fence °the October 1 of any year, requiring the construction tares n teconstbetween the ru t the persons land and the company's right of way. It the companyfrom the the ntice, fence within 40 days nr ex eedingt twice othe cost lof d onstruction r with the anowner may ecrcosts and company an amount othe landowner may reasonable attorney:soithatlowed by t me andtrecei erfromtthe company douct the uble the rcost of fence after the expiration construction, with like costs and attorney's fee. Subd. 3. Duty to maintain. The fence must be kept in repair ti by the railroad company in like manner and under like penalties as if built by Subd. 4. Failure to serve notice Failure injuto se persons notice orodes not l rve omestic animals or tother company from liability for8 for property, resulting from failure to fence its road. Amended by Laws 1985, e. 265, art. 4 Ls- Revlew Commentaries Award of attnrneys' fet-5. (Sept- B.1Hong. 29 Bench and Bar No. 3, P. p Notes of Decisions 1. Con%tructlon and application Cen St. 1a94, 1 2695, requiring n:1'x ay compa- nies to fence the`.r roads, was not exclusively designed to prevent domes*ic animals frrm straying upon the track, and where a yourg child strayed upon the track, in consequence of the failure of a railroad company to erect a , injured by a train. fenceand was the company was liable for the injury. Rosse v'. St. Paul & P. Ry. lo., 1691, 68 Minn. 216, 11 N.W. 2n, overrul- ing Fitzgerald Y. Ry. Co., 29 Minn. 836, 13 N.W. 168. 219.31. Fences between railroad and public road If a railroad company fails to fence its line where it adjo;ns a public road or street, or he lies so near as to rehderetofvthe road or sel on it gerotreet byenoticetasninthe case ofanabutting municipality having chabe rge rights and remedies landowner, may require the fence 3cthe town or mun cipality hasthertig the fence within the time provided in section 2! given by section 219.33 to an abutting owner. Amended by Laws 19P5, c. 265, art. 4, 1 L 219.35. Crossings and drains r-r head may construct, at their own ex Persons owning lands abutting uFnn a pense, t or im air the use of the railroad. These crossings crossings under, over, or across the Cailrnadp nd drains under and across therailroadat places and in ways that do riot obstruct and drains must be maintained and kept in repair by the nearest comp constructing them, the o•vner ofathe theland wo k vii ch the landowner desirees'to per tormPnP� company a notice, stating in der- rl any may construct that work; but the crossings and drains may not p the comp I,• > for the use of the landowner until the landowner ► •s the reasonable cost of construction. Amended by laws IygS, ut. 1, it l: l�w's 1!tS6, c. IJ1 1 MEPINA :-1- OR .lam i� t 7187.3 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrat r,Jl, DATE: June 30, 1987 SUBJECT: Program to Market City Objectives Attachment A. Draft of Program to Market City Objectives with Other Organizations Dated 6/87 B. Strategic Plan Dated 11 /10/87 C. Short Term Objectives Dated 12/29/87 ISSUE 1. Adoption of a program to implement Short Term Strategic Plan Number 8. 2. Determination of organizations that the City desires to market its objectives together with determining any general or specific issues that it a -sires to "market". INTRODUCTION - During the strategic planning process one of the T ����_T issues identified by the Council to expand the City's ability to control its destiny was development of z way to improve its "clout" with other organizations with whom it regularly dealt. DISCUSSION - In an effort to address that "clout" issue Attachment A represents a draft of a program to meet those objectives. It is designed in a similar manner to the City's Legislative program and, as noted, would be updated annually following the Council/Staff strategic plan and goal setting process. The program outlines three main areas: - ORGANIZATIONS OF INTEREST - Organizations with whom the City wants to estab tlsh h eir influence. - MEANS TO AC_C_O_M_PLISH - Trl i:- identifies ways in which the City may try to a,hievL th..se objectives set forth. - OBJECTIVES_ TO BE M_ARKT.TED - This outlines each organization and the objectives the City desires to achieve with that organization. REC_0_M_M_E_N_D_A_TIO_N - It is recommended that the Council review and discuss this item to see i f it seems to address the "clout" that was being sought for in the Strategic Plan together with determining the organizations and issues with which the City wants marketed. Once discussed it is requested that the Council adopt Attachment A an interim program until the Counci l's Goal Setting session later this year. PROPOSED MOTION - Moved by _ , Seconded by _, that the Council adopt the draft program to implement iLs "clout" objective for strategic planning process together with establishment of the orgainizations and issues that it wants to market during the upcoming months. Ayes __, Nays __ 6887.1 CITY OF 8RONO PROGRAM TO MARKET CITY OBJECTIVES WITH OTHER ORGANIZATIONS ISSUE - Development of a program to increase the City of Orono's ability to achieve its stated objectives with other organizations it is involved. INTRODUCTION - During the City Council's first strategic planning process, which occurred on October 8, 1986, one of the short term objectives that was felt important was that in order for the City to control its destiny in the future and accomplish its objectives as an organization we needed to develop a method by which those objectives that the City had, which entailed work with other organizations. This represents a program outline. It is the intent that this improvement in influence be accomplished by specifically outlining objectives for each of the organizations with whom. the City wants to promote its viewpoint. While there may be other issues which those organizations may raise the City is always in a position to react with appropriate tools which it currently has available to it. ORGAN IZATI 1 OF INTEREST - The following represent organizations with whom th City may want to express its influence. - Surrounding Communities Long Lake Spring Park Minnetonka Beach Wayzata Mound Maple Plain Medina Plymouth Minnetrista Independence Tonka Bay other Lake Minnetonka - Lake Minnetonka Conservation District - Minnehaha Creek Watershed District communities - School Boards - Orono - Westonka - Wayzata - Minnetonka - Hennepin County - Metropolitan Council - Metro Waste Control Commission - Minnesota State Legislature - Federal Government - Joint Powers ._rangements - LOGIS - Suburban Rate Authority - Lake Minnetonka Cable Commission - Membership Organizations - League of Minnesota Cities - Association of Metropolitan Municipalties - Westonka Human Services - Westonka Chamber of Commerce - Long Lake Chamber of Commerce MEANS TO ACCOMPLISH - The following represent an example of ways in which the City is able to achieve its objectives in general with the various organizations. Use of Representatives - For those organizations which the City is a member and has a representative, the City will utilize the representative and the relationship with that representative to build a consensus, particularly on selected topics. Initiatives - The City on specific items can initiate proposals with these organizations and based on the specific proposal attempt to achieve it goals. 2 Common Interests - Through utilization of common interests the City can build its general rapport with these organizations and use that rapport to get either general or specific issues accomplished with those communities. Demeanor/Cultivation of Relationships - The City generally, besides areas of common interest, can through its approach and demeanor with these organizations build credibility by positive influence to h used when the City desires to increase its effectiveness and advance its objectives. PROGRAM IMPLEMENTATION - The City following its annual strategic plan will develop in addition to its legislative package an out I ine of general and specific objectives that it will seek to obtain with the various organizations. During the year this may change but the list annually developed will serve as the work program with others to be added as needed. Appendix A represents an example -)f the format that could be utilized, this might be developed for July 1987 to December of '88. b887.1a CITY OP OOOMO PROGRAM TO VANKBT FRAPPLES CITY OSJNCTIY68 VIVO O11" ORGANIZATIONS OPnANIZATiON GENERAL SPECIFIC ISSUES Long Lake Retain contractual relationship Highway 12 Corridor - Police Annexation - Sewer Explore further service cooperation - water in specific areas - Fire Spring Park Retain contractual relationship - :nspections - Police Minnetonka Reach Retain contractual relationship - Inspections - Police Wayzata complete Contractual relationship - Inspections Retain contractual relationship - Fire Mound Retain contractual relationship - Fire Maple Plain Retain contractual relationship - Fire Medina Retain contractual/Joint r wets ;;etermination on proposed County relationship ll6 - Sever LMCD Maintain regular representative Chan^,e staff - More active role contact of cacrent responsibilities Minnehahs Creek Watershed Stormwater management plan Lake level regulation Orono Schools Continue 'Officer Friendly' Promote more effective service Westonka Schools Promote more effective service Wayzata Schools Promote more effective service It 1 ORGANIZATION GENERAL SPECIFIC ISSUES Hennepin County Metropolitan Council Metropolitan waste Control State Legislature Improve Relationship LOGIS Continue management information service Improvements in cost effective manner League of Minnesota Cities Promote key legislative program Association of Metropolitan Promote key legislative program Municipalities Westonka Chamber Long Lake Chamber County Rd 15 Proposed County Rd 116 Hennepin County Dispatch - attain greater responsiveness Navarre Interceptor Project Highway 12 Corridor Study Seek annual legislative contact Program - seek legislative policy Broader focus as to legislative actions impacting taxpayers of City - not just City portion Utilize for Navarre redevelopment County Rd 15 Keep appraised of Hwy 12 development 101786.10 Adopted 11 / life 6 CITY OF ORONO 01987 STRATEGIC PLAN" MISSION STATEMENT - CITY OF OR0140 Through the means available to the City guide the growth and ensure appropriate upkeep of existing development to * Protect the environment as the community's primary resource * Maintain the appropriate Urban/Rural mixture * Shaae service provision demands through * Land Use Design * Appropriate public/private service mix * Maximum utilization of the "user pays" philosophy Adooted 11/10/86 EXTERNAL ANALYSIS * Increase in private Businesses Engaging in "Public Service" Provision * Demand for Increase in services rue to * Numbers of People * Level of Expectation * General Population * Residents from "Higher Service Level" Communities * Change in Demographics (Older Population) * Increasing Communication/Information Link To 1 Inside Organization * Community * Other Organizations * Duplication of Authority * Increased Development Pressure * Economics * State * Metro * Jurisdictions Push to Increase Authority in Overlapping Areas * Reduced External Finances to do Services * State Lenislative Mandates (without funding) Adopted 11/10/86 INTERNAL ANALYSIS * Desire to Increase Orlanizational Responsiveness * Strong Environmental Commitment * Council - Part Time Status * Filtering * Problem o 'de-F.ification * Staff Reflectc Wouncil Personality * Continuity * Lack of Positive Orgarizational Image * Community * Within Organization * With Other Organizations Adopted 11/10/86 STRATEGIC ISSUES * Community Development Direction * Service Provision * Financing * Increased Jurisdictional overlap * Effective Use of Advisory Bodies Adopted 11/10/86 KEY STRATEGIC OBJECTIVES 1. Community Development Direction * Maintain Environmental Commitment * Maintain Eculogical Balance * Maintain Desired Rural/Urban Development Mix * Limit Service Expansion Caused by Development to Available Resources * Reaffirm Goals and Objectives in Comprehensive Management Plan 2. Services Provision (Types/Levels/How Provided) * Achieve Appropriate Public/Private Mix * City Provided when most Efficient or Soie Provider * Contract (In/Out) for More Effective Services * Strive to Have User Pay to the Greatest Extent Possible * Review Appropriateness/Service Delivery * Liquor } Golf * Solid Waste Management * Streets (City/County/Private) Adopted 11/ 1 0/ 86 KEY OBJECTIVES (Cont) 3. Financing * User Pay to Greatest Extent Possible * Meeting State Mandates with Diminishing External Resources * Development of Long Term Financing Plan and Policy * Maintain Balanceu Budget * Maintain Appropriate Reserves * Capital Finances * City Facility * Sewer 4. Increased Jurisdiction * Conflict/Cooperation * Cooperation with Selected Organizations for More Clout * Protect the Environment from Increased Encroachment of Multiple Jurisdictions S. Advisory Boards * Make More Effective Use Through: * Streamlining Current Policies/Ordinances and Procedures * Clarify Council Policies (i.e. Hardcover) * Add Responsibilities Adopted 11/10/"ur. SHORT TERM OBJECTIVES 1. Conclude Highway 12 Study 2. Commence County 15/Navarre Rehabilitation 3. Continue Facilities Study 4. Complete Stubb's Bay Sewer Evaluation 5. Resolve Liquor Store Continuation or Sale 6. Commence Storm Water Management to Comply with Mandate 7. Develop Long Range Financial Policies and Plan 8. Define With Whom and on Which Issues Orono Should Cooperate To Increase Clout 9. Develop a Revised Use of Planning Commission 10. Continue Development of Community Transportation Plan 122986.9 / TO: Mayor and City Council FROM: Mark Bernhardson, City Administratorj�`t.�'� DATE: December 29, 1986 SUBJECT: 1987 Strategic Plan ATTACHEMENTS: A. Proposed Timetable for 1987 Short Term Objectives ISSUE - Adoption of the timetable for short term objectives as the implementing step for the 1987 strategic planning document. INTRODUCTION - Attachment A outlines the recommended timelines to be met for the strategic planning process for 1987. Once adopted these will be the basis for staff's work in relationship to this plan. RECOMMENDATION - It is recommended that the Council adopt Attachment A as it's timetable and that it be incorporated in the Administrator/Council goal setting at this time and during the review in April 1987. PROPOSED MOTION - Moved by seconded by to adopt Attachement A as the strategic planning short term objectives for 1 9 8 7 a n d t h a t t h e s e be i n c o r p o r a t e d in t h e Counci'/Administrator's goal setting in April 1987. Ayes Nays . 122986.9a(34) Adopted 11/10/86 SHORT TERM OBJECTIVES 1. Conclude Highway 12 study 11/20/86 Comprehensive Plan Amendment Completion 5/89 Zoning Amendment Adoption 2. Commence County 15/Navarre Rehabilitation 2/87 3. Continue Facilities Study 1-6/87 Space Study Consideration 4. Complete Stubb's Bay Sewer Evaluation 4/87 5. Resolve Liquor Store Continuation or Sale 12/8/86 - Direction to sell Complete Sale by 6/81 6. Commence Storm Water Management to Comply with Mandate 2/87 7. Develop Long Range Financial Policies and Plan 5/87 8. Define With Whom and on Which Issues Orono Should Cooperate To Increase Clout 4/87 9. Develop a Revised Use of Planning Commission 5/87 10. Continue Development of Community Transportation Plan 21i'l INTEROFFICE ME;dO DATE: July 8, 1987 TO: Mark Bernhardson; City Administrator & Orono City Council FROM: Chief Melvin Kilbo RE: Authority to Hire - - Part Time Officer I am requesting authority to hire a licensed part "time #pol+ii cer for the remainder of the year. As you are aware, Officer Mike Kirny czuk was injured on duty in February, 1987. He broke his ankle in three places, slipping on ice while answering a false alarm call. He had plates inserted by surgery, was underuoina therapy, but as of 7/7/87, has had complications set in, makino covery date very uncertain. I would employ the licensed part-time officer 2-3 days a week to cover shifts that are difficult or impossible to fill by utilizing regular personnel on overtime. I would pay this officer $6.50 hourly and have an abbreviated field traininc.- period. I have located a licensed part-time officer who also works for-innetrista, Mr. William Breimhorst, 1155 Cty. Rd. 19, Minnetrista, 55361. St. Boni- Minnetrista Police will take him full time if they get authority to hire on 1/1/88. He has worked for them two years as part-time. We also have two reserve officers who can qualify for part-time lict-nse after approx. September, 1987. This could be an opportunity to see if part-time officers might be of assistance to naggina temporary manpower problems. To: Mayor Grabek and Orono Council Members From: Mark E. Bernhardson, City Administrator Forwarded recommending approval. Funding would be from "savings" with Mr. Kirnyczyk being off plus overtime saved to fill in. In the past, the City had done a joint -powers agreement with the County for a deputy sheriff. The City would like to explore this option to see if part-time officers may be a way to address some of the County personnel needs, particularly in this type of situation. while the requirements are somewhat less than for full-time officers, they need to meet the part-time licensing requirements including a part. -time testing process, psychological and physical. In addition, the City would require that they have completed the two years of schooling plus complete the skills required of a in -field training officer. They will always be on with another police officer. If granted permission, we would go through the selection process and bring back a name for approval. PROPOSED MOTION: Moved , seconded , The Orono City Council authorizes creation of a part-time position in the Police Department for the period of August 1, 1987 to January 1, 1988 or until Officer Kirnyczyk returns to full duty, whichexer is first. Further, it authorizes staff to undertake selection of an individual for the position to be brought to Council for final hiring a,,'' rity. Ayes , nays cc: Melvin Kilbo, Pol TO: Mark Bernhardson, City Administrator FROM: John R. Gerhardson, Public Works Coordinator DATE: July 9, 1987 SOBJ: Ordinance Amendment - Trucks Prohibited on certain City Streets For quite some time, City staff has received complaints frorr. residents on certain City streets regarding excessive "truck traffic". The complaints are due to operators of large trucks using City streets as a shortcut for getting from Point A to ^:,int B. To this date, we have no authority to restrict this type of travel on City streets. The amendment will allow staff to recommend to Council to post designated City streets "No Truck Traffic". Recommendation - To adopt the attached ordinance amendment restricting truck traffic on certain City streets as authorized by Council. PROPOSED MOTION - Moved by _, seconded by _, to adopt Ordinance No. _ amending Ordinance No. 7.10 restricting truck traffic on cert7`:'_ City streets as authorized by the Orono City Council. Ayes _, Nays _ r 7687.1 ORDINANCE NUMBER , SECOND SERIES AN ORDINANCE AN7,20ING ORDINANCE NUMBER 7.10 AND ENTITLED 'TRUCK ROUTE' read: The City Council of the City of Orono ordains: Ordinance Number 7.10 and entitled "Truck Route" is amended to Subdivision 1. Repeals Section 7.10 in its entirety. Subdivision 2. Inserts the following language as Section 7.10: A. TRUCK ROUTE. It is unlawful for any person to drive a tractor, agricultural implement, truck over 9,000 pounds gross vehicle weight, truck -trailer, tractor -trailer or truck tractor in through traffic, upon any str t except those which have been designated and sign -posted a truck routesrr are State, County or improved Municipal State Aid streets. For the purpose of this Chapter, "through traffic" means originatin without the City and with a destination without the City, as distinguished from "local traffic" which means traffic either originating or having a destination within the City. B. POSTED NO TRUCKS. It is unlawful for any person to drive a tractor, agricultural implement, truck, truck -trailer, or tractor trailer over 9,000 pounds gross vehicle weight on any City owned and maintained streets that is posted "No Trucks" when such designation is approved by Council. C. The following motor vehicles are exempted from the provisions of this ordinance: A. School buses B. Emergency vehicles C. Trucks serving residential properties on that street D. Orono maintenence vehicles This ordinance becomes effective from and after its passaqe and publication on July 20, 1987. Passed by the Council this 13th day of July, 1987. James R. Grabek, Mayor ATTEST: Dorothy M. Hallin, city Clerk Published in the I.aker and Pioneer Newspapers o.i the 20th day of July, 1987. Agenda Item #31 To: Mayor Grabek and Orono Council Members From: Mark E. Bernhardson, City Administrator Date: July 9, 19871 t Subject: Retroactive Vacation and Sick Leave Pay for Carol Hansing Attachment A - Personnel Rules Section Issue - Acknowledgement of retroactive vacation and sick leave for Carol Hansing - part-time clerical in the Police Department. Introduction - Since the passage in 1985, the personnel rules permit the granting of prorata benefits for part-time employees by the City Administrator as noted in Attachment A. Ms. Hansing has been employed since May, 1980 and has been working in excess of the minimum required 20 hours per week since July, 1985. in May, 1987 it was discovered that her position had not been reviewed at the time of the personnel rule adoption. Discussion - While the granting of these benefits would normally be handled at the City Administration level, because of the retroactive nature, it was felt better from an auditing standpoint that it would be better to document it in Council minutes. From December, 1985 to July, 1987, she would be given a balance of 66.6 hours of vacation and 80.0 hours of sick leave. Recommendation - Ms. Hansing is an excellent employee and shot-Ibe granted the benefits not only prospectively from May, 1987, but re. ipectively from December 1, 1985 as she would have been granted such at gnat time had the request from the department head been made. PROPOSED MOTION: Moved , seconded , The Orono City Council hereby grants the retrospective authority for vacation and sick leave on a prorata basis to December 1, 1985 to July 30, 1987 for 66.6 hours of vacation and 80.0 hours of sick leave. Ayes , nays SECTION 3. COMPENSATION 391. ADOPTING THE COMPENSATION PLAN The Council shall establish and maintain a compensation plan for all employees covered by this policy. The compensation plan is altered to the extent that there is a contract between the City employee or authorized bargaining unit containing specific provisions which conflict with the compensation plan. The plan shall provide for compensation of wages, salary and/or other benefits that are appropriate to the tasks, skills, responsibility and availabil4ty of qualified persons for those positions in accordance with applicable statutes. 392. MAINTAINING THE PLAN 1. The compensation plan shall provide for progression through the wage/salary schedule based on performance. The plan may provide for compensation above the schedule as merited by tasks, performance and criteria established and funded in advance. The schedule shall be reviewed annually and adjusted as appropriate prior to the beginning of the fiscal year. 2. The compensation plan shall be maintained as follows: a. The Administrator may require department heads or employees to submit task or position descriptions on a periodic basis, or anytime there hay- been a change in the duties and responsibilities of a position. b. An employee may 7-equest a review o: the compensation of the employee's position. The request is to be in writing and submitted t- the employee's department head. The department head will review all requests and forward them with a statement of recommendation to the Administrator for study and ar,alysis. The Administrator wi l l review the regaest and recommendation and submit a report of findings to the employee through the department head. The Ae.ministrator's decision shall be final. 3. Thr-- compe:isat i on sc:•hedu 1 F- sha 1 l be established annua : 1 y by the City Col'aci 1. 393. OVERTIME AND COMPENSATORY TIME For non-exempt employees, authorized overtime, if approved by supervisor, shall be paid at the rit- of one and one-half (1-112) times the normal hourly wage. No n-exempt employee shall work beyond scheduled hours without ecific permission of their supervisor. Compensatory time shall only bt- utilized on a one-to- one ratio in lieu of receiving overtime within the same work period, -.in1oss otherwise provided for in a union contract or by law. 304. ELIGIBILITY FOR EMPLOYMENT BENEFITS The following categories of persons may be eligible for benefits subject to the provision of the applicable sections: Leave of Vacation Sick Leave Absence Holidays Ins. Health Life Full --Time, Regular Yes * Yes Yes Yes Yes Probationary Yes * Yes Yes Yes Yes Part -Time, Regular Over 20 Hrs/Wk ProRated * ProRated Yes ProRated ProRated Under 20 Hrs/Wk No No No No No Seasonal, Temporary No No No No No * Accrued but not able o be utilized during first six months. 305. FRINGE BENEFITS CO•HENCEMENT Benefits shall begi unless otherwise stated. 306. VACATION 1. Vacation leave is granted employes as oui leave is dependent upon from the last date of Y schedule, except that r vacation leave until they to accrue on the first day of employment ithorized absence from work, with pay, ined in 304. The amount of vacation employee's length of service measured re in a:cordance with the following w emplcyees shall not begin to use a ve beer, employed s i x (6) months. 1-5 years 10 days :-inual vacation 6-15 years 15 days nnual vacation 16 years plus = 20 day.i annual vacation 2. Vacation leave shall not be e;�: rned by any employee during a leave of absence without pay, suppension or time otherwise not worked or paid, or otherwise not compe<<sated, if such absence exceeds ten (10: calendar days in the employee's anniversary year. 3. Administration of Vacation Leave. The following procedures will be followed in administering the vacation policy of the City: a. For the convenience of employees going on vacation the City wi11, on request, make advance payment of compensation due for the pay periods falling within the vacation period. Such requests should be made at the time the vacation is requested and in no case less than two (2) weeks prior to the commencement of the vacation. One week vacation pay shall equal the employee's regular str.iight time w-ekly earnings. e To: Mayor Grabek & Orono Council,Members City Administrator Bernhardson-��- From: Jeanne A. Mabusth, Building & coning Administrator Date: July 8, 1987 Information Item: As Agreed to by the City future Owner of 1420 Shoreline Drive plans to install buoy adjacent to City owned land within Browns Bay. The future owner of the David Duff property plans to install a buoy within Browns Bay adjacent to Outlot B, Dragonfly Hill, a City owned park land. In the original plat of Dragonfly Hill, the owners dedicated their lands for park use subject to retaining certain dock/buoy rights for future use. The previous owners were content with the limited dock use provided on Tanager Lake side but limitations placed by Tanager bridge elevation will require that new owners seek use of a buoy because of the size and height of their sailing boat. Staff has enclosed a copy of the final resolution approving the plat and the Quit Claim Deed that approved the future use of Outlot B for riparian use should the need arise. Council action is not necessary. The LMCD and Water Pair-1 have granted all necessary approvals and permits. June 1), 1987 Barbara Halper 50 Louisiana Ave. S. Golden Valley, Minnesota 55426 546-4320 Ms. Jean Mabusth City of Orono PO Box 66 Crystal Bay, Minn. 55323 Dear Ms. Mabusth: L JUN W7 :!L I Please present our petition for approval of the trans- fer of the boat buoy rights from the Duffs to us at the July 13th meeting. Frank Mixa at the Lake Minnetonka Conservation District said he approved as long as the Sheriff's Water Patrol approved. Michael Brandenburg, Sergeant, Water Patrol Division reviewed the papers and gave his approval to the location and assigned us number '111. Now we need the City of Orono's approval to be able W close on the house at 142.0 Shoreline Drive on July 31. I have included a copy of the deed. If' you have any questions or require further information, please let me know. Everyone has been so pleasanL and helpful, we're looking forward to becoming pert. of the communi- ty. Sincerely, Barbara lia l per 4855640 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1 575 A RESOLUTION APPROVING THE PLAT OF DRAGONFLY HILL WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision plat of a lot line rearrangement by William D. Gregory II, David J. Duff, and Edward H. Hamm, the subdividers; and WHEREAS, the City has asked that the subdividers file separate application for the vacation of Brackett Avenue .n order to resolve all claims of interest in the platted right of way and to implement a final plan that would preserve the public interest and use -* the shoreline and roadway; and WHEREAS, the subdividers ha- o.wpleted all requirements of the platting regulations of the City, including: 1. Completion of all the requirements of Resolution No. 1482. 2. ^:dication on the plat of drainage and utility easements. 3. Dedication on the plat of rights of way for public roads, shown as County Road No. 15 and Orono Orchard Road. ✓4. Dedication by quit claim deed by the subdi�-iders of Outlots A and B to the City in lieu of park dedication fees subject to the condition that the Lakeshore outlots not be used for boat launching purposes and that said outlots nat be transferred by the City without holding a public hearing to consider such a transfer, and to the further restriction that no fishing pier or other substantial improvements of the like be undertaken without holding a public hearing to consider the matter. The City further agrees to construct a fence between Outlot A and Lot 1, Block 2 to disco -ie trespassing. 5. Dedication by qit aim deed to Hennepin County by each of the subdividers and the City of Orono deeding a non-exclusive easement for road maintenance as follows: a) storage of snow plowed from the traveled portion and shoulder of County Road 15 in the ordinanrycause of keeping said County Road free of snow; b) Ordinary highway maintenance purposes including the right to maintain support of said County Road 15, to add fill to said easement area, and to trim trees, shrubs and undergrowth; City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 1575 3eneral public utility easement purposes, including the right to install and maintain underground sewer and water lines and underground power and transmission lines. 6. Dedicationon the plat of a utility easement along the west boundary of Lot 1, Block 2, providing a minimum of 5 feet along the east side of the sanitary sewer forcemain interceptor providing adequate access for maintenance purposes. 7. Dedication to the City of a Flowage and Conservation Easement providing for limitations on the use of wetlands and/or drainageways described therein and shown on the plat as "drainage easements". 8. Execution of a Subdivider's Agreement providing for the closing, berming and landscaping of parking area known as Molly's Corner. 9. Payment to the City for additional costs incurred during the review of the subdivision and vacati,-in application and for the filing of the plat and all other related documents to be filed by the City in the amount of $2,656.25. NOW, THEREFORE IT RESOLVED, that the City Council of the Cityof Orono hereby approves the plat of DRAGONFLY HILL, Hennepin County, Minnesota; subject to the following conditions: 1. The applicants will be responsible for delivering quit claim deeds from Hennepin County to the City of Orono deeding all interest in Outlots A and B. Hennepin County will execute these deeds upon notification that the plat of Dragonfly Hill has been filed. 2. The aforesaid plat sh,%ll be filed with the Hennepin County Recorder's Office on or before May 14, 1984, together with a certified original copy of this Resolution and executed copies of the easements and covenants described herein. The approval granted by this Resolution shall expire if the plat has not been filed by the date speci f ied above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. '3V,.'Arj�opted by the City Council of the Cityof Orono, Minnes.it.-i, at a regular g4'h,�!1'J',,;_ November 14 1983 u:-,�!-I,�;� . Mary C . B u , —Ma yo r --- A Si�t:��� j �0 A er to Mom, City Cle[Tc STATE OF 11II N17Sn•rr, ) COUNTY OF ]JENIMPIN ) ss. CITY OF OROIIO ) I, Alberta H. Strom, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing coPy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on November 14 , 19 83 and that the same is a true and correct copy of said original record and that said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have here:,nto set my hand and seal this 15 , clay of November , 1983 ,.rw.-, C �;of:. ;� �Er •G Alberta H. Strom, City Clerk DEFARIMENI tip VRJf'ENI IAyAi41N AY ~.. 24 Id QJII CLJUM DEC 1 ...1w./,..�IN 1.. «,.Y..I.pw 48s1 �r r �br. •uy i r./ r.N• I 1 • r.l "r• • - ri H.... . i - I �� ^IK� Jam?=•E9 1 G � : C CC�.CY:� F odrllnquer.l lase► and transfer t rli ate f Rcal Estate Value � y filed ( ),q��ed Certificate of Heal F.&We Value No. .19 VERNON T. WE SOM 98M, ,. MIA ' s I J 2 U 1984 County Auditor by Deputy STATE DEED TAX DUE 1iEREON: i "— Date: !�L.��-1f�fL? , 19 83 1 _ NO FEE REQUIRED to I. II!t!.%;1:.n ki,CLl.iw i.v 1984 JAN 23 PM 2'. 41 �s r� cur4 ti) • J861621 U.PECOrtua _ 1 (rer:rved for recording data) FOR VALUABLE CONSIDERATION. David J. Duff and Anne B. Duff, husban�3 i and wife 0granLot (s). Imad-W hereby convey W and quitclaim b) to T),n C i r_V nf_Ornpr% Grantee, a Municipal Corporation under the laws of Minnnsot, i real property in Hennepin County, Altnnesota, described as follows Outlot U, Dragonfly Hill, according to the recorded plat thereof on file and of record in the office of the Hennepin County Recorder; Reserving to said Grantors riparian access and docking and boat byoy rights, and the right to install and maintain the samet IU mW* NPOW is /rW.d. Whiirw• an b.a) together -+i'ii a' hereditament: .rid appurtenances belonging auto. S,31111)tl.re David J. Duff �i Jf�T TE OF MINNCSQTA �" Athis ui 1. 1S15; This rant is Subject to tho restriction that sail! A PAHf Q yt •� ► y � property not he Nt$ used for lx)at latinchinq purposes, and that said property not bo L__�' NSUlfE1 transferred by the Grantee without hnldi.:y .s public hearing to con- sider such a transfer, and to the further restriction that no fishing pier or uLhe:r substantial im.rovement of a like kind be undertaken without holding a public hearing to consider the matter. Anna B. Duff ..--- -COUNTY OF IIEN,�::PIN - ----- 5--� — - ... __.—_-- � -- ----- - - The foregoing instrument was acknowled ed before me this day of _fd/ t 1-tr r l9 8 3 by David J. Guff and Anne d. Duff, husband and7e Grantor (I). NOTARIAL &TAMP OR #CAL (OR OTMTR TIT LA OR RANK) � Z /I :NWT RC 01 taSON TA GCNOwLtdGMiNT LAF.RY BE I T.■ Na.m.nt /* pros IF dew bed I. 046 108 wra Mt rwdW �99AV Nofe,Ar rococ • W RAMSEY COUNTY c�,.,,,,...� i..�"' ,.a ,. ts.e • I City of Or P. O. BOX b 6 Crystal Day, MU 55323 TIII! INSTRUMtNT WAS DRAFT90 BY tNAMtAND ADDRt!!1; Wright, west i Diessner 320 Manitoba Avenue Wayzata, Minnesota 55391 I TRANSFER ENTERED Dcrlu "ILIA Of VKKJtn IMAT" ild 19 04 G0 MTY YIN - - - 8Y r - -� r r w• 4417p/j1/! Lnr • • —C�C f o�I o�G4 µ7Y�i�ne S Ad' y: / tw • 3� .:a"/VCSANK /S ob.9 o 1 OUTLOT A k afe, q 3 r nw « woo aa! W oG."d1/.wi h My .I%'%r; s, �r *.Ora yn rF„ rfala QWO./nMnlo/A/r 1 r Q I �n.err .f1 C/�. y.'�• ►'.n tons r+��.y�-�y a/.Ir l.r J 7 ►— �" p'r.•r a 3.�Ye •Z Lh... a4 M,t a/ Nw s..vi MC 7AM /S.IIM51 owe � (n N YO AtI Y l4waLs.r � ff117 /aa� ft lA fe. rlr. • � S A •te Idd �S' Q ` Y 'i'ray.. c ird/ +woneal � A4 + .Z o1lv.I L.I I /.f1 �u.'wr an /.�► Sa.•M� Nr/w / WI and IW 1 I O ..f ✓6 / Leo / I _-—AII z w + N'll l � is Iasi '50 �� tr i 1. Lu ;w • , NA M 'S 'o' L.:�•o a f Ln 4 P 2 OUTLOT B 1 f r r _yt gr.tr sAo.ar•.y ,r r,p lulr ^ i , It 1 Al 1 � f� To: Mayc;_ Grabek & Orono Council Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning ministrator Date: July 8, 1987 Subject: Request for Holding Tank Approval - Linda Freeman, 3415 Eastlake Street List of Exhibits Exhibit A - Site Plan Exhibit B - Code Requirements Exhibit C - Correspondence Regarding Failing System Exhibit D - Tax Book Information Ms. Freeman is the owner of a rental property located at 3415 Eastlake Street. This is a small house, about 350 s.f. with no basement or second floor. The house currently has a well and a small septic tank; we believe that if there is a drainfield attached to that tank, it is a very small and inadequate drainfield. The lot is about 50'x100', elevated only about 2' above the 931.5' flood plain level, and does not have the capability to install any type of replacement system. The existing 300 gallon tank has overflowed on numerous occasions in the past. Fortunately, past renters have been minimal water users or the problem would have become much worse. Freeman would like to install a 1,500 or 2,000 gallon holding tank. We would require regular maintenance of that system. Staff does have some concern that, because this is a rental unit, unless there is a service contract there is a higher potential for overflows to be ignored by 4nhabitants of the property. A contract for regular pumpouts by a licensed pumper would be required to be filed with the City. Eastlake Street is within the Stubbs Bay Sewer Study Area, the last of 5 areas in Orono delineated in the 1980 Comprehensive Plan as potentially needing municipal sewers. That study is underway, and staff would anticipate that when completed, sewer will be recommended for Eastlake Street. Freeman's installation cost for this holding tank will likely be $1,000-2,000, and pumpout costs could be expected to be from $100-300 per month depending on actual water use. Given that this area is likely to be sewered in the relatively near future, staff recommends approval of the holding tank subject to the requirements of the City Code. Note that thi s tank wi 1 1 be less than 50' from applicant's well, but is essentially a sealed system and will be further away from the well than the existing failing system. A service contract and high-water alarm system will be required. Although not specifically required by Code, staff ),as mairtained a policy of requiring Council approval for all new holding tank installations. PROPOSED MOTION: Moved , seconded to allow the installation and maintenance of a holding tank system at 3415 F.a�tlake Street to replace the existing failing septic system. Ayes , nays ` I LAKE TPEET \ 7 7' I n / E 1,177 245 / 50' o- a_y+ i- it d6— A LT . L OC_ IV ILL �p -4- Fer u� tie i6o.4 ,G C—. Ott S C 3D� 4 OwN w� ?-L-- -� SECTION 7: MUD_INGT_A_NKS A. General Holding tanks shall be considered for replacement systems only , if there are no other alternatives and it can be shown that their installation will eliminate a public health or pollution hazard. B. Construction A molding tank shall be constructed of the same materals and by ' the same procedures as those specified for watertight septic tanks. C. Access , A cleanout pipe of at least six inches diameter shall extend to , the ground surface and be provided with seals to prevent odor and to exclude insects and vermin. A manhole of at least 20 inches least dimension shall extend through the cover to a point' ' within 12 inches, but no closer tian six inches below finished grade. The manhole cover shall be covered with at least six inches of earth. ' D. Depth of Burma► The tank shall be protected against flotation under high water- ' table conditions. This shall be achieved by weight of tank, earth anchors or shallow bury depths. E. Capacity (1) For a dwelling the size shall be 2,000 g ns, or 400 ' gallcns times the number of bedrooms, white. - is greatest. (2) For permanent stnictures other than dwellings, ti capacity shall be based on measured flow rates or estimated flow rates. The tank capacity shall be at least five times the daily flow rate. F. Location Holding tanks shall be located: , (1) In an area readily accessible to the primp truck under ' `` all weather conditions. -..I (2) As :specified for !."pt is tanks. 11 (3) Where accidental spillage during pumping will not create a nuisance. G. Water Meter A water meter shall be required with all Molding tanks to ' measure the floe, to al) plumbing fixtures except the outside sillcocks.. Readings shall be submitted at least quarterly to the pumper and the City. Readings shall be used to ' establish the amount of sewage pumped and hauled. H. Contract A contract for disposal and treatment of the sewage wastes shall be maintained by the homeowner or pumper and a copy shall be given to the City. 1 I. Accidental Overflow ' Holding tank: shall be monitored to minimize the chance of accidental s aage overflows. Techniques such as visual observation, warning lights or bells, or regularly scheduled pumping shall be used. For institutional use, a positive warning system steal? be installed which allows 25 percent reserve capacity after actuation. -4 1 CITY of ORONO Post Office liox 66*Crystal flay, Minnesota a5323 • Municipal Offices On the North Shore of Lake Minnetonka November 27, 1984 Natalie Nephew 3415 Eastlake Street Long Lake, MN 55356 Re: Septic System Dear Ms. Nephew: This letter is to update you on the action taken regarding your failing septic system. A violation citation was issued to Linda Freeman via the mail on 10/30/84 per the attached letter. Please note in the attached letter that Orono Municipal Code, Section 9.03 imposes an obligation on the tenant as well as the owner to prevent discharge or overflow of the system, i.e. as a minimum you are obliged to notify the owner whenever overflow is expected to occur, and depending on your agreement With the owner, one or both parties would be responsible if an t- serf low occurs. Note that I have not issued citations to you because you brought the situation to th; City's attention as a complaint. Pending the result of the court action, the City intends to commence hazardous building proceedings pursuant to Minnesota Statutes Section 463.15 et seq. The end result would be to declare the building uninhabitable and you would have to vacate. The Minnesota Health Department referred your complaint back to the City. We will proceed as quickly as possible to resolve the situation. Please call if you have further questions. Sincerely, "0,/ . /�;/. 4 X4 /I-L— Michael P. Gaffron, Assistant Zoning Administrator NUILDING & 1(7NI%(, - 473 71S7 0 ADMINISTRATION & ► INANCF -- 473.7358 • ►t7LIC W0kkS 471 7 i' i ASUSSING October 31, 1984 Ms. Linda Freeman 20620 Garden Road Excelsior, MN 55331 (CITY of ORO NO Post Office ISuz 6G•Crystal ISay, Minn eso Ui 553230 MUn"Pill Off"-" Ora the North Shore of Lake Minnetonka CERTIFIED Re: Septic System - 3415 Eastlake Street Dear Ms. Freeman: In reviewing your file, I note that my initial discussion with you regarding the failure of the septic system at 3415 Eastlake Street occurred on September 4, 1984. h:y follow-up letter to you on September 5, 1984, indicated clearly that you must keep the tank pumped out to eliminate any discharge. My second letter to you dated October 3, 1984, indicated that the renter had complained that the tank had not been pumped out and continued to discharge to the surface, and indicated you must have the tank pumped out within 48 hours and as often as necessary to prevent further discharges. Inspections were made on the site on October 5, 9, 11, 22, and 25, 1984, all noting that the tank had not been pumped out and was near overflowing. Although the renters are out of town 50-75 percent of the time, the system has been overflowing whenever they are home and using the facilities. The citation that accompanies this letter is issued for failure to maintain the septic system at 3415 Eastlakc Street per the following code requirements: Section 12.30 (E) (1) c, d: E. Septic Tank and Holding Tank Pumping. It is unlawful for any person to pump or remove any septage (liquids or solids) from any septic tank or holding tank without comply' l with the requirements of this Section. 1. Required Pumping: The owner of each septic tank or holding tank shall cause said tank to be pumped for the removal of septage when required by one or more of the following provisions: BVILL)f%C & [t)NIN(. 413 7)57 • ADMINISTRATION & I INANO - 47) 7158 • ►1 !LK WOkKS 471 7359 ASSkSSING Ms. Linda Frceman Page 2 October 31, 1984 (c) System failure: Non -conforming systems discharging pollutants shall have the septic tanks regularly pumped to limit or eliminate effluent discharge until satisfactory repairs have been completed. (d) Bolding tanks: Holding tanks shall be pumped on a regular basis and in all cases shall be pumped before overflowing occurs. and Section 9.03 as follows: SEC. 9.03. FAILURE OF INDIVIDUAL SL;WERAGE SYSTEMS. It is unlawful for the owner or tenant of any premises to permit an individual sewage disposal system to overflow onto the surface of the ground or the surface of the street, or into lakes or streams, or expose the contents thereof above ground. You are again advised that the tank must be pumped out immediately and often enough to eliminate further discharge. You are also advised that the City intends to commence hazardous building proceedings pursuant to Minnesota Statutes Section 463.15 et seq. If you have any questions, please feel free to contact me. Sincerely, Michael P. Gaffron Assistant Zoning Administrator Ps Enclosure -citation pc: Jeanne A. Mabusth, Building & Zoning Administrator Thomas J. Jacobs, Building Official Mel Kilbo, Police Chief Thomas Radio, City Attorney Lyle Oinan, Field Inspector UNIFORM CITATION NO. 384 - 0 4 6141 .va w 11 l lc a MAra - 11{T . IwsT r,DOIT rAlOaM STATE OF MINNESOTA COUNTY OF HENNCPIN MUNICIPAL COURT the IS%U•n9 pl6cet States I1•81 the pet Son named Allow cornrnaled the offense d1u need .n w olaUpn of the section .nd-caled a$- roof nH f OAT{ or Die TM f Ta{ .•1,4-T wo.t.. v {l■ r0. OAv f Aw VIU♦Af.O.. . . t/w YAT..•h DAY• 01 pee{M{{ W U W Q ♦.Yl ra T/.. «JYw♦w V Trrtll IICfM a AIATT sTAT/ Ta Am YoOal 1"A.6 COLON v1 W.Cla 000'N150 ICAflO•+ ■...YwTw vp Irvp I t J- i I I A u w Ow 1«AMC♦ NO. OL aC w.AT-10a ..r .... CT D.• Ac Tiv.•. ❑❑ ❑ENC PER LIFE ACCIDENT UNSAFE OR PROPERTY CONDITIONS •A9G{ M.rr�{w Owl MUr�lw �Cj 1 r;- M N 1 f2 1 aQrfe ttl resOtl'IO It, (his c•lat.O^ A^d Unr)troand Ithat Ir I 'A•1 '(, 7•; it: w!t1•� 7 days, •^Creased ptnaftleS w�Ir pt ASSCS►rd And a wArr1^f w111 be .SSued I�my Streit If a wa'fanl •s •SStltd, a penal?v tit S; w.0 be added It) Inr V no Deef MDA■r T•s 064MA1vwf For a Court a00taraf Ce Of rnformat.0n, Cnn1a(1 trip V.ojaj,nn% Buteaki 4", 11't• front of the enve-llme Unless another ado'ess .S ruled Awive SEE INSTRUCTIONS AND FINE SCHEDULE ON SACK OF THIS SHEET DEFENDANT'S COPY DATE TIME a W h 2 Q I Q W v Q 2 O H Cr W a cc O W cc Q 2 W z W cc C) W Cr W O CITY OF ORONO IN =CTION NOTICE PEHMIT NO. ADDRESS CALLED -IN SCHEDULED COMPLETED 1 Q 3.� �-�.-•r„f OWNER -_ CONTR. _ TELEPHONE NO. p FOOTING O PLUMBING RI O FRAMING p MECHANICAL O INSULATION [p WATER HOOKUP ❑ WALL BD O METER SETITURN ON O FINAL O SEWER HOOKUP ❑ PROGRESS O SEPTIC INSTALL O DEMOL O SEPTIC MAINT Q FIRE PREY. 17 WELL TEST PUMP COMMENTS: JX SITE INSPECTION O EXCAV./GRADING/FILLING ❑ LAKE SHORE/WETLANDS 7 LICENSING ❑ COMPLAINT O FOLLOW UP O SEPTIC FINAL O F IREPLACE/WOOD BURNER O v O WORK SATISFACTORY PROCEED f]PHOTO TAKEN CO CORRECT WORK 6 PROCEED O CORRECT WORK CALL FOR FIE INSPECTION BEF ORE COVERING p CORRECT UNSAFE CONDITION WITHIN HM)FIS INSPFCTOR WILL RETURN ❑ STOPOF40CH POSTED CALL INSPECTOR r3 INSPECTION REQUIRED CALL TO ARRAN[;E ACCESS call for the next inspection 24 hours in advance. _ Owner/Contr. on site _ Inspector White Copv ' Inspec tor's File 473-7357 coon Covv/Sete Notsce DATE TIME DATE TIME CITY OF ORONO CALLED -IN INSPECTION NOTICE SCHEDULED 10.11 srq �+ PERMIT NO. _ COMPLETED ADDRESS 64S i 4.J41rGs -52-- ONINER — CONTR. TELEPHONE NO. ❑ FOOTING ❑ PLUMBING RI ❑ SITE INSPECTION O FRAMING ❑ MECHANICAL ❑ EXCAV./GRADING/FILLING O INSULATION ❑ WATER HOOKUP ❑ LAKESHORE/WETLANDS O WALL BD ❑ METER SET/TURN ON O LICENSING O FINAL ❑ SEWER HOOKUP O COMPLAINT O PROGRESS O SEPTIC INSTALL. O FOLLOW UP O DEMOL ❑ SEPTIC MAINT ❑ SEPTIC FINAL C FIRE PREV O WELL TEST PUMP ❑ FIREPLACE,,"OOD BURNER O COMMENTS: =hpjKs pUth£ee)? _ �MWKS 00 titer Olt -m 5 00uo'l,� ------ 4 ❑ WORK SATISFACTORY PROCEED ❑ PHOTO TAKEN O CORRECT WORK & PROCEED ❑ CORRECT WORK CALL FOR REINSPECTION BEFORE COVERING O CORRECT UNSAFE CONDITION WITHIN HOURS. INSPECTOR WILL RETURN. ❑STOPORDERPOSTED CALL INSPECTOR ❑ tNSPECTION REQUIRED CALL TO ARRANGE ACCESS tail for the next inspection 24 hours in advance. Owner/Contr. on site Inspector whawCopvIinspv. s i 473-7357 Gold Copv,Sslr Nut—, CITY OF ORONO 'NSPECTION NOTICE PERMIT NO. ADDRESS OWNER _ TELEPHONE NO n FOOTING ❑ FRAMING C INSULATION ❑ WALL BD C FINAL C PROGRESS C DEMOL ❑ FIRE PREV. 3` 1-S CALLED -IN SCHEDULED COMPLETED �0 31-i&-j ❑ PLUMBING RI O MECHANICAL ❑ WATER HOOKUP METER SET/TURN ON ❑ SEWER HOOKUP ❑ SEPTIC INSTALL. ❑ SEPTIC MAINT C WELL TEST PUMP CONTR. A(SITE INSPECTION ❑ EXCAV./GRADING!FILLING O LAKESHOREIWET LANDS ❑ LICENSING O COMPLAINT O FOLLOW UP O SEPTIC FINAL O FIREPLACE/WOOD BURNER L COMMENTS: Q .514f4 .j T& IC,_: cc 0 44 rz Q W W 2 d Lu- - - - - — --- ----- Cr W O ❑ WORK SATISFACTORY PROCEED ❑PHOTO TAKEN O ❑ CORRECT WORK 6 PROCEED U C CORRECT WORK CALL FOR REINSPECTION BEFORE COVERING ❑ CORRECT UNSAFE CONDITION WITHIN HOURS INSPECTOR WILL RETURN I3 STOP ORDER POSTED CALL INSPECTOR t I INSPECTION REQUIRED CALL TO ARi.ANG£ ACCESS call for the next inspection 24 hours in advance. Owner/Contr. o site Inspector ���. ay - — - - -- 473-7357 Wh.te Copy, ImIKv:tor % F de (,old Copy Slle Nor.u.e CITY OF ORONO CALLEDAN DATE TIME INSPECTION NOTICE SCHEDULED PERMIT NO. COMPLETED IG"3E1 T" �J ADDRESS _ _ 3`4 1 S E P%5 -7" - A.rE s T- OWNER _ CONTR. TELEPHONE NO. O FOOTIN5 ❑ PLUMBING RI ❑ SITE INSPECTION O FRAMING rl MECHANICAL O EXCAV /GRADING/FILLING ❑ INSULATION ❑ WATER HOOKUP ❑ LAKE SHORE/WETLANDS O WALL BD ❑ METER SET/TURN ON ❑ LICENSING ❑ FINAL ❑ SEWER HOOKUP ❑ COMPLAINT 0 PROGRESS ❑ SEPTIC INSTALL ALFOLLOW UP Z3 DEMOL ❑ SEPTIC MAINT ❑ SEPTIC FINAL O FIRE PRE V C WELL TEST PUMP ❑ FIREPLACE/WOOD BURNER ❑ — COMMENTS: O WORK SATISFACTORY PROCEED ❑ PHOTO TAKEN C CORRECT WORK a PROCEED ❑ CORRECT WORK CALL FOR REINSPECTIUN BEFORE COVERNNL. O CORRECT UNSAFE CONDITION WITHIN HOURS INSPECTOR WILL RETURN O STOP ORDER POSTED CALL INSPECTOR ❑ INSPECTION REQUIRED CALL TO ARRANGE ACCESS call for the next inspection 24 hours in advance. Owner/Contr. on site/ Inspector WA.re Coar Inty3ftla s F de - --- ---473-7357 LK>Id L.,)PY7Sue Nutme CITY OF ORONO CALLED IN DATE TIME INSPECTION NOTICE SCHEDULED �!� Aw- PERMIT NO. COMPLETED /O.91- Ar ADDRESS 3`4 I S !J4 KE OWNER CONTR.___ TELEPHONE NO. ❑ FOOTING ❑ PLUMBING RI ,SITE INSPECTION O FRAMING ❑ MECHANICAL ❑ EXCAV /GRADING/FILLING ❑ INSULATION ❑ WALL BD ❑ WATER HOOKUP ❑ LAKESHORE/WETLANDS ❑ ❑ METER SET/TURN ON ❑ LICENSING FINAL CJ PROGRESS ❑ SEWER HOOKUP it SEPTIC INSTALL ❑ COMPLAINT O FOLLOW UP ❑ DFMOL ❑ SEPTIC MAINT O SEPTIC FINAL ❑ FIRE PREV ❑ WELL TEST PUMP ❑ FIREPLACE'WOOD BURNER COMMENTS: 'T/3�1Ars iIi4✓e _ IV07' Q�:GAL' P✓.-n �Ac.� O WORK SATISFACTORY PROCEED ❑ PHOTO TAKEN * CORRECT WORK & PROCEED O CORRECT WORK CALL FOR REINSPECTION BEFORE COVERING IJ CORRECT UNSAFE CONDITION WITHIN HOURS INSPECTOR WILL RETURN 0 STOP ORDER POSTED CALL INSPECTOR 1) INSPECT ION REOUIRED CALL TO ARRANGE ACCESS call for the next inspection 24 hours in advance. Owner/Contr. on site Inspector c __—_ 473-73S7 Wn,Ir t „I,� r,+.Ikr ru, . I sir c,,,4i L •rl,, ,,,• r,,,,.,, , CITY of ORONO hilt Office ilox 66•CrystaI llay, Minnesota 55323• Municipal Off- , e On the North Shor- of Lake Minnetonka October 3, 1984 Linda Freeman 20620 Garden Road _ �� L t Excelsior, MN 55331 Re: Septic System r-3415 East Lake Street Dear Ms. Freeman: I made a site inspection of this property today and noted the sewer was discharging directly to the surface. The ren+_--r, Natalie Nephew, told me it has been discharging ever since my inspection of 9/4/84, and that it hasn't been pumped out since that date to her knowledge. THE TANK MUST BE PUMPED OUT WITHIN 48 HOURS. In its current condition it is a clear and distinct health hazard. Citations will be issued to you if the discharge continues. YOU MUST PUMP AS OFTEN AN NECESSARY TO PREVENT FURTHER DISCHARGES. I again would encourage you to install a 2000-gallon holding tank to replace the existing small tank. This will certainly reduce the frequency of pumpouts needed and colt you less in the long run. Please refer to my letter of 9/5/84. If you have any questions, do not hesitate to call me. Sincerely, / ft Michael P. Gaffron, Septic System Inspector tln cc: Natalie Nephew SUILUING t ZONING - 4717337 • AU%11%1S711AT10N A 11%A%CI 47) 73Ss • Pt /LK %%OkK% 411 1139 ASSESSING CITY of OK()NO Post Office [lox 660Crystal flay, Minnesota 5532.1 o Municipal Offices On the North ,Shore o/ Lake Minnetonka Se^ptemDer 5, 1984 Linda Freeman 20620 Garden Road Excelsior, MN 55331 Re: Septic system - 3415 East Lake Street Doar Ms. Freeman: I have enclosed information regarding the installation of a holding tank to serve the above referenced house. For the record, our inspection and discussions with you and your renter on 9/4/84, have established that the existing tank is fairly small and needs to be pumped out on a regular basis. My call to Sullivan's Services yielded the information that they pumped the tank out on May 30 and sometime in June replaced all or a portion of the cover. The renter said it had been pumped out again this week. We have no records indicating whether or not a drainfield exists as part of the system, if one does exist it likely is less than the 75' minimum required separation distance from your well (the existing tank itself is only about 25' from your well). And if there is a drainfield, it would not seem to be functioning properly if you have to keep pumping all the time. With the extremely small lot and a high water table, it appears virtually impossible to install a drainfield system meeting even minimal code requirements, hence a holding tank is the only viable alternati.i. Orono .ode requirements for holding tanks are attached. A preferred lo_-ation would be at least 50' from your well and all neighboring w 'ls, and not under a driveway area or surface which would be clear of snow in the winter (due to freeze-up potential). •fILDIN6 A ZONISIG - 47) 7337 • ADMINISTRATION & F NU - 47) ?)SO ! ►t DLIC WORKS - /' ) 71,9 ASUSSING September 5, 1984 Page 2 I have attached a list of licensed contractors for your use in obtaining bids. Please contact me if you have further questions. Since the existing system is discharging on occasion, you must keep pu.nping it out as necessary to eliminate any discharge. I would also suggest you investigate installing some low--water-use fixtures to minimize your pumpout cost. Sincerely, / c � ' Michael P. Gaffron, Septic System Inspector MPG/tln Enc. r yl MTE 01/23/87 HENIEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI433401 �+ 1987 TAX BOOK 38 OROND TAX LEVY/DESCRIITION H MSTDPRTYP RATE AMOUNT LAND SLOG MACH OWW1 BASE1 BASE2 NHBASE HON-HMST r as CR SO.78CR TOTAL TAX 267.76 TOTAL PAID .00 AMT UNPAID 267.76 amwR MORT CODE/LOAN 0 ADDITION NAME LOT BLK PLAT PARCEL PROPERTY I.D. TAXPAYER HAM/ADDRESS ESCROW NAME/ADDRESS ACREAGE SCH WTR SEW PROPERTY ADDRESS SH TNP RG QQ SUFX METES AND SOUNDS DST SHO DST SAM BOOM ETAL 'BATSIOE ACC TION TO LAKE 002 006 41930 m400 05-117-23 13 0039 CHARLES BALGAAAO 000.00 L 3 3435 EASTLAKE ST %35 LAKE ST E STATUS: C%h)RENT LONG LAKE MN SS3S6 CONSTRUCTION YEAR W SO FT Of E 200 FT TAXABLE MARKET 25.000 QUALIFYING AMT 468.04 DIVISION NO TAXABLE ASSESSO 4.500 FD SHARED ASSO DIVISICH DATE RENTAL TAX FD AREA RATE .000 SEE IO S IF PROJ AMY IF PROJECT NO. TAX LEVY/DESCRIPTIOH HMSTDPRTYP RATE AMOUNT LAMD SLOG MACH Ot,TV.. BASE1 BASE2 NHBASE NON-HMST GEN TAX H R 104.012 468.04 15.000 10.000 1 00 4.500 `+ MRMSTO Co 252.74 HMSTD CR ASSO 4.500 TOTAL TAX 215.30 TOTAL PAID .00 AMT UNPAID 215.30 w OWNER MORT CODE/LOAN 0 ADDITION HAKE LOT BLK PLAT PARCEL P^7PERTY I.D. 0% TAXPAYER WVW/ADDRESS ESCROW NAME/ADDRESS ACREAGE SCH NTR SEW PROPERTY ADDRESS AP RG QQ SUFX qw, METES AM SOUNDS DST SHO DST MOM M PRIMMER C-� t,lt'.�A F�Et Mom' 'BAYSIDE ADDITION TO LAKE Q02 008__41900 5100 05-117-23 13 00�.0 somM M PRIMMER 000.00 278 3 3415 EASTLAKE ST 104 MAPLEWOOD Pt STATUS: CURRENT ` BUFFALO Mi S5313 �__ C :+STRUCTION YEAR 1910 W SO Ff OF E 104 FT TAXABLE MARKET 32.800 ` QUALIFYING AMT .00 DIVISION NO EARLIEST DELQ YR - 86 —TAXABLE ASSESSD 9.I54 FO SHARED ASSO DIVISION DATE RENTAL TAX FD AREA RATE .000 SEE ID S IF PROD AMT IF PROJECT NO. TAX LEVT/DESCRI',ION MtSTCPRTTP RATE AMOUNT LAtM OLDG�. MACH OMBASE1 BASE2 NHBASE NON-HMST NON -HOMESTEAD ;..N TAX N R 104.012 955.24 ( 15.000 17.600 9.184 TOTAL TAX 955.24 TOTAL PAID .00 AMT UNPAID 955.24 f OMEN MORT CODE/LOAM 9 ADDITION NAME LOT BLK PLAT PARCEL .ROPERTY I.O. TO: Mark Bernhardso , City Administrator FROM: Jo:,n Gerhardson, Public wort Coordinator DATE: July 8, 1987 SOBJ: Temporary Employment Parks Maintenance The City of Orono advert.sed for t weeks fir a Temporary Parks Maintenance help r to assist with parks maintenance. On June 22, 1987 Council authorized employing that person subject to confirmation on July 13, 1987. I have reviewed all applications and have determined that Mr. Robert Stiles, 1801 Lakeview Terrace, Orono, is qualified to fill tl-�, ,position. Mr. Sti ler Ali be -,in --ployment on July 13, 1987 at a starting rate of $5.V0 per :r. :ith ,he exceptic..� of salary, this .s a non -benefit earn positon. This position will terminate later than Novembe. ,0, Ab RecsmmPndation - To employ Mr.. ' obert Stiles as temporary par' A intenenace helper at an znUYIV Late of $5.00 per hour effecti, July 13, 1987. PROPOSED A%4TION: .�vt?Ij kIV +, seconded by _, to e•apley Mr. Robert S es as a temporary ptirks maintenance helper at an hourly r, - of $5.00 per hour effect ve July 13, 1987. Aye ,, Nay- — TO: Mark Ber. -son, City Administrator e ?ROM: John R. u, .rdson, Public worms._ Coordinator i DATE: June 25, 1987 SUBJ: Proposed Ge;:He - (rono Golf Course Recently the City approve,.: the "Knoll Manor" subdivision. I hav- been advised that there is a 24' x 36' garage on the property that subdividers would lix:'z to dispose of and has c,ffered the building to the City of Orono at no charge if the City would move the building off the property. Because we are s...rt of ec.,ipment storage At the Orono Golf Course, I have researched the feasibility and costs for moving the building to the golf course. I have inspected the buii<,iing anti have aet rmined that it is in excellent condition and is of the design ±.:.:t wi 11 blend in at the golf course. It is three times the size of the current garage/shop and will house the equipment that now must be left oatside exposed to the elements and possible vandalism. I have checked with a build.in mov, nd have been informed that the bui: g can be move' i,e f c.,jrse for $2,900 if the City will. , ovide police r I have talked with a co, :r.or and have been to d that a fluiting concrete slab of th;s size would cost $2,000 - $2,500. There would also be clearing an( aration of #-he site which could amount to $1,500 the- incidental costs -.)r electrical wiring, moving the fur„ace any' removal of the existing one stAll garage could cost $2,000. I est,.mate the total costs to be $8,900. In 1. •e did budge. $5,000 -„ add on to the exi- ing one stall garagt TO: Ma, _rabek & Council Members FROM: Mark E. Bernhardson, Cite Administrator Forwardf , recommendinq approval with the $3,000 increase in budget ex- penditL _ will result 7n lonq tc,-m operational savings throuqh reduced equipment maintenance and repair and upkeep to the existing structure. PROPOSED MGTION: Moved by , seconded by that the Oranc: City Council approves expenditure rf $8,900 for movinq of an existing a:A rel,-*pd costs for utilizatio at the a If course. Aye:, Nays r To: Mark E. Bernhardson, City Administrator From: Tom Kuehn, Finance Director r,4 A Date: July 9, 1987 Subject: Certification of Unpaid 1986 Developer's Fees , , Alarm User Fees The City has a policy of billing developers for legal, engineering or other additional costs incurred in the process of reviewing, investigating and administering application, licenses and permits, as provided in Orono Municipal Code, Chapter 1. In addition, the code provides for certification of unpaid costs in Section 1.05, Subdivision 5. The ordinance regulating the use of alarms prov?des for charging a fee for each false alarm in excess of three alarms per calendar year. All delinquent alarm fees are to be certified to the County and assessed against the pzoperties served and collected with the taxes for the subsequent year. We have obtained a ]ivy number for collection of certain unpaid accounts from 1986. It is recommended that the City add ten percent (10%) to the amounts listed for administration and carrying costs. To: Mayor Grabek and Orono Council Members From: Mark E. Bernhardson, City Administrato r I�` V Forwarded reco..nending approval. PROPOSED MOTION: Moved , seconded , to adopt Resolution N _ providing `or the collection of unpaid I986 Developers' Fees and Alarm Users' Fees in the amoui,t of $1,107.06, and to add 10.0% interest to the amounts due, effective July, 1987. Ayes _ _, nays HC 1210 (1-79) SPECIAL ASSESSMENT RATE CARD ADD CHANGE DELETE MUNICIPALITY Orono DOCUMENT N MUNIC CODE 38 AUTH. BY DATE LEVY NUMBER 10586 PROJECT NUMBER _ LEVY DESCRIPTIu 36 Delinquent General Fees & Charges TOTAL PROJECT ASSESSMENT $1,107.06 SERVICE CHARGE .05 per parcel LUMPED;SPREAD CODE INTEREST RATE 10.0% COST PER UNIT NO. YEARS PAYABLE One F'T k.. YEAR PAYABLE 1988 MO. INT. FIRST YEAR 18 FIXED CHARGE PERM. SPEC. CODE City of ORONO RESOLUTION OF THE CITY COUNwL NO. A RESOLUTION PROVIDING FOR THE COLLECTION OF DELINQUENT 1986 DEVELOPER FEES AND ALARM USER FEES WHEREAS, the City Council of the City of Orono, Minnesota has enacted c rtain ordinances under the Minnesota Statutes, therefore pursuant to Chaptei 1, Orono City Code pertaining to payment of fees and additional costs and collection, and pursuant to Chapter 9, Orono City Code as amended pertaining to payment and collection of Alarm User Fees, the attached list of properties are delinquent in nature. 1. WHEREAS, the City has obtained from Hennepin County Auditor Levy Numbe_ 10586 for the delinquent Developer and Alarm User Fees. 2. That the Hennepin C,)unty Auditor be and he is hereby authorized an,] directed --o extend upon proper tax lists of the County ar.d further collect said assessments thereon in the manner provided by law. 3. That ten percent (10%) be added to the amounts due effective July 1, 1987. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held July 13, 1987. James R. Crabek, Mayor ATTEST: Dorothy M. Hallin, City Clerk SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE NO.38 LEVY NO. P.I.D. NO. ADDN NO. TOTAL ASSESSMENT MISCELI:ANEOUS --------------------------------------------•---•------------------------------------ 10586 04-117-23 12 0005 02550 $225.00 Application #816 105`-1.6 17-117-23 11 0005 43095 45.00 Application #881 10586 18-117-23 31 0001 41318 647.06 Application #101i 10586 25-118-23 44 0011 01730 45.00 Application 11076 10586 25-118-23 44 0012 01730 45.00 Application #1076 10586 25-118-23 44 0013 01730 45.00 Application #1076 1)586 09-117-23 32 0020 43179 55.00 False Alarm 1986 TOTAL $1,107.06 To: Mayor Grabek & Orono Council Members From: Mark E. Bernhardson, City Administratol", Date: July 7, 1987 Subject: Sid Rebers, 571 North Brown Road - Passage of Hazardous Building Proceedings and Securing Premises Attachment - Proposed Hazardous Building Proceedings Resolution Issue - Commencement of Hazardous Building Proceedings to correct or raze the structure at 571 North Brown Road. Introduction - The proposed reason as noted above for securing premises and hazardous building proceedings is the initial unsoundness of the structure, safety and fire hazards. Discussion - Based on the rational provided from inspections of the subject property, proposed resolution to be adopted. PROPOSED MOTION: Moved , seconded , to adopt Resolution No. commencing Hazardous Proceedings against the property at 571 North Brown Road. Ayes , nays City of ORONO RESOLUTION GF 1HE CITY COUNCIL NO. A RESOLUTION ORDERING ABATEMENT OF HAZARDOUS BUILDING ACTION AT 571 NORTH BROWN ROAD, ORONO WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Sid Rebers of Rebers Construction, Inc., 3525 Webster Avenue, Minneapolis, Minnesota 55416 is the fee owner of record of property located at 571 North Brown Road, Orono, Minnesota, herein referred to as "the property", and legally described as follows: Section 34, Township 118, Range 23, Quarter Quarter 21, of Unplatted 34 118 23 Commei.cinv at the Northwest corner of East � of Northwest 1/4 thence South -ng the West line thereof to the Northerly line of State Highway N thence South 69 degrees, 18 minutes, 37 seconds East a distance . 49.05 feet thence North 2 degrees, 41 minutes, 23 seconds East a distance of 334.52 feet thence South 87 degrees, 18 minutes, 37 seconds East a 3istance of 200 feet thence South 2 degrees, 41 minutes, 23 seconds West a distance of 188.93 feet thence South 87 degree,;, 18 minutes, 37 seconds Fast a distance of 200 feet thence South 2 ueirees, 41 minutes, 23 seconds West a distance of 231.71 feet to the Northerly line of highway thence Easterly along said highway 1 ine to the East 1 ine of East � of Northwest 1 %4 thence North along said East line to the Northeast corner ther. ti West to beginning except road; PID: 34-118-23 21 0001 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. Improper base for fuel tank. Tank is sitting on i:ads 12"x8"xl�". A solid base is required. 2. Copper line was used to supply the furnace. This line was severed by movement of the tank and existing foundation breaking up. 3. Fuel supply line also was leaking in the basement. Occupant said he had a problem in the past winter and repaired it himself. 4. Improper storage of Class III f lammat,.le liquid&. Two 5 gal Ion gerry cans were left in the basement full of oil 5. Water heater is improperly installed. Water heater is to be used wit:, natural gas, existing installation has L.P. gas hooked up thus causing improper cumblir-t ion. Evidence of this happening is black soot around vent connector. Tank is not prof -)y installed as it is sitting on a stump. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL 3 NO. of sagging in middle. 7. Possibly up to 5 layers of shingles on roof. North side all roofing removed and building felt laid down to prevent leaks. Building felt is also deteriorated. 8. Mixed occupancy - lumber storage and residential - 3 hour occupancy separation not provided. 9. Post in basement (4x4) sitting e- ,ncrete block - not acceptable structurally. 10. Exterior has not been painted for awhile. This has caused the siding to rot and fall away from the building. 11. Footings and foundation are in poor condition. 12. Electrical wiring - junction boxes witho,it covers, nd wiring is in poor condition. 13. Building is in a state of deterioration and dilapidation, thus it is a safety and health hazard pursuant to Minnesota State Building Code/Uniform Building Code, Section 203. 14. Orders to remove or repair the structure were issued by the Building Official on June 30, 1987. 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 State Statute 463.251, hereby orders the owner(s) to board -up and secure the structure within ten (10) days. The City Council further orders that unless corrective action is taken within ten (10) days from the date of service of this order, it will result in the City properly securing the building and the cost thereof will be charged against the teal estate as provided in State Statute Section 463.21. 2. The City Council of the City of Orono, pursuant to the foregoing findings and in accordance with Minnesota Statutes Sections 463.15 to 463.261 hereby orders the owner(s) of the property to make the following repairs in order to correct the hazardous condition: a. Provide proper bass- for fuel tan'-. A solid base is required. b. Replace copper line used to supply the furnace. C. Replace fuel supply line leaking in the basement. d. Remove flemable liquids in the basement. Pace 2 of 4 City of ORONO :. RESOLUTION OF THE CITY COUNCIL NO. e. Install water heater properly. f. Remove and replace sagging roof. g. Pruvide 3 hour occupanr.v separation for mixed occupancy. h. Provide proper bearir.g wall in basement for structure. i. Remove and replace siding which has rotted. j. Remove and replace footings and foui.dation. k. Up -grade all electrical wiring and supply covers for junction boxes. 3. Pursuant to State Building Code Section 202 e, the above items constitute hazards, therefore, occupancy must cease as of August 1, 1987. 4. Pursuant to State Statute 463.24 - Personal Property or Fixtures: If any building ordered razed, removed, or made safe and sanitary by repairs contains personal property or fixtures which will unreasonably interfere with the razing, removal, or repair of such building, or if the razing or removal of the building makes necessary the removal of such personal property or fixtures, the original order of tht governing ' ody may direct the removal of such personal property or fixtures within a reasonable time. If the property or fixtures are not removed by the time specified, and the governing body subsequently desires to enforce a judgement under Sections 463.15 to 463.26, it may sei _ 'he same at public auction as provided in Section 463.21, or if without appreciable value, the qoverning body may destroy the sane. 5. If the repairs are not ^ompleted by August 3, 1987, or unless an answer if filed within twenty (20) days from the date of service of this order, the City shall move the District Court for summary enforcement of this order 6. If an answer is filed that contests the 'hazardous building action, the matter shall be tried and decided by the District Court. If the order is sustained by the Court, the Cc,•rt shall fix a time after which the building shall be destroyed or revaired as set forth in Minnesota Statutes Section 463.20. Page 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ 7. If the Court's Judgment is not complied with in the time prescribed, the City may make the ordered repairs, raze or remove the hazardous condition or build -3, i, acquire the building and real est,ite on which the buildin,; r r: _irdous condition is located by eminent domain. :he necessary costs of such repairs, razing or removal, including but not limited to attorney fees, witness fees and filing fees, shall be a lien against the real estate on which the hazardous ,ondition exists and will be levied against the property as set forth in Minnesota Statutes Section 463.21 and 463.22. B. That the City Council c the City of Orono hereby authorizes and directs the Mayor, City C1eiK, City Attorney, and other officers and employees of the City to take such action, prepare, sign and serve such papers as are necessary to comply with this order and to assess the cost thereof against the real estate described above for collection along with taxes. Adopted by the City Council of the City of Orono, Minnesota, this 13th day of July. 1987. ATTEST: Dorothy M. Ha lin, City Clerk APPROVED: James R. Grabek, Mayor Page 4 of 4 7787.2 TO: Mayor and Cit; --:ourc i l '. FROM: Mari: Bernhardson, City AOmin atoA\�l(6 DATE: July 7, 1987 SOBJBCT: Administrator's Info,mation FIRST ENGLISH LUTHERAN VS. COUNTY OF LOS r.— -ES - LEGAL SUMMARY Attached please find sammaiy comments from the City's Attorney together with comments from the Leag»e of Minnesota Cities and the Court decision itself. MARINA REr'TLATION - The City Administrator and City Attorney have been revi�--wing the objections the marina operator's Attorre-, Brice Dougl . had placed in relationship to the conversion 1 licensing t(, .-'onditional Use Permits and ataff will be revi�. ,.g a memo prepared by the City Attorney on this matter during July and setting a meeting with the marina operators possibly in August for consideration for the zoning code amendments for your August or September meeting. The shift to conditional use permit rather than licensing is to review only when there are changes in land use rather than annually spending time on the dual licensing process going back and forth between Oronc and LMCD. GOAL SETTING STATUS - See attached. 3946 SIXTH AVENUE NORTH - It has been indicated to us by both the owner and the Maple Plain :ire Department that they are anticipating to r-:move the structure by burning down the wood portion of it by : my 13, 1987 and then having the appropriate earth moving equipment come in and remove the foundation and grade the site. 200 HOLLANDER ROAD - One of the representa+ Ives for the estate has had the garage together with thf s ail tarn and its foundations reitoved from the prr,,)ert'r together wi ' ' los to the large barn. The City is currently awaiting wo-_4 *:he Judge on the hazardous buildings proceedings a-- to l4h +r he will amend his order regarding the removal of the large t .rn. It has additionally been i.nc:icated by another repr.ejentat'vr of the estate that the small rental stru^.ture on the propel ill he removed. Finally as part of the removal of f ounda c . -,as t l e necessar equipment is on site and will be removing , ie access from County Road 6. CITY HALL ?A: '"' ARF.A - "BPIDGE" REPLACEMENT' - T1 -Jen iat- form and ramps iiat served a:; ,i walkway b In Citj .1:111 parking areas t ; teen teplaLsd with a r .calk. ',p structure has reached P point of sign.;, can terioratso!i creating a substantial hazar' and replacement with the sidewalk was cheaper than repair. 1. MEMORANDUM TO: Mayor, i.ty Council Members, Plarning Commission Member and City Staff FROM: City A -ney Kathleen A. Blatz v, DATE: June 29, 1987 RE: Recent United States Supreme Court Decision Affecting Municipal Zoning Practices ----------------------------------------------------------------- On June 9, 1987 the United States Supreme Court held in First English Evangelical Lutheran Church of Glendale v. County of Los Angeles, California No. 85-1199, that the United States Constitution requires that a property owner be compensated for economic losses incurred during a period of *ime in which a law or regulation, later found to be an unconstitutional taking, is in effect. Prior to this decision, municipalities could repeal the invalid regulation and not have to pay compensation for the period during which the regulation was in effect unless the municipality persisted in enfcrcing the regulation found to be unconstitutional. Unlike the impression left by the headlines that made the front page of many newspapers, the Court's decision was not a substantial digression from the path that the Court has been following but rather a note of caution to all governmental units engaged in regulation of land use planning. As highlighted by the League of Minnesota Cities memorandum on this subject, a municipality needs to be cognizant of the impact that zoning and building regulations will have on a property owner, and the rational basis for every regulation adopted. Finally, it should be pointed out that the United States Supreme Court never did reach the issue of whether or not the interim ordinance adopted by the County did in fact constitute a reasonable regulation or an unconstitutional taking that needed to be compensated. That issue was remanded to the California Court of Appeals for further proceedings. If yot; should have any questions regarding the summary of the Court (3e:cisiun or the deci:,-ion itself, please r30, not hesitate to contact me. 3!)A. Enclosure �, P-W�-Y 1� � IIII �l == U league of minnesota cities The case, FICst English Evangelical Lutheran Church of Glendale v. County of Los Ani les 55 L.W. 4iE , involved a challenge by a church to an interim county ordinance prohibiting construction -)f any new building within a flood plain area. When the church was denied the right to build in the flood protection area, it sueo and sought damages for the period of time during which it was denied the right to build. The Court reasoned that temporary takings which, as here, deny a landowner all use of his property, are not different in kind from permanent takings, for which the constitution clearly requires compensation. :he Court also found no rationale for distinguishing between regulatory takings and formal physical takings. The Court's decision is based on a judicial assumption that the ordinance denied the church all use of its property for a considerable period of years, and they held that "invalidation of the ordinance without payment of fair value for the use of the property during this period of time would be constitutionally insufficient." In terms of analyzing the potential impact of the case on future land one planning or other regulatory practices, it is important to recognize what the case does not stand for. The case noes not stand for t e proposition that all interim or permanent flood plain or-linanc?s constitute a taking of property requiring compensation, or does it establish a standard that would indicate when a regulat in results in a taking. To the contrary, the Court acknowledges that the the county might avoid the conclusion that a compensable taking hid occurred by establishing the denial of use was insulated as pa of the States authority to enact safety regulations. Furth the Court stated mere fluctuations in value during the pr of governmental decision making, absent eztraorJinacy delay, ,t incidents of ownership and consequently, not a taking. Final.1, the Court stated, "re limit our holding to the facts prer.ented, and of course do not deal with the quite different questions that would arise in the case of normal delays in obtaining building permits, changes in zoning ordinances, variances;, and the like which are not before us today.' The three dissenting justices stated that their major objection to the majority's holding is ttat the decision fails to establish a workable_ standard for distinguishing between everyuay regulatory inconveniences and those so severe that they constitute a taking. They also have trouble working with the majority's distinction between non-compensable "normal delays" and delays that rise to the level of a taking. the dissent suggests that the test for regulatory takings requires an inquiry into the duration of the restriction as well as its scope .ind severity. The dir.sent simply sees the need to ptovide a workable standard, a standard that is so conspicuously absent from the majority opinion. What Should Cities Do? Cities as always should make Oak? findings to demonstrate that their decisions are supported by legitimate health, safety and welfare concerns. Zoning and other c•,lulationa should cont►nu- to be reviewed to assure that they do not deny landowners all reasonaule use of their property. caution should be exercised to be sure that rejulatioris ace important enough to justify the cost of defending against potential claim* likely to be generated by the deci3ion. :in tho:,e rare occancont, when a city a•topts regulation* prohibiting all construction, the City should mak.- sure that such t,-questions are founded on sound public sat•�ty concern:,. Finally, the d(—Is lon seems to Say that cities are protr•kty) trom allcs)ation: !s.>>ed on normal 1play3 in the planning procvari, in this rpgard, dire Ctioul,i tie taken to make, sure that relulatuty and planning artivitie-, to not become _lilatoty. NOTE. ►hare it is feuibie a syilaous headnott w^.:I to Rituri as a bomg done in eomemor a::r. this cut a: the t,mt this oomlon 1} issue,: Tht 1pUabus coratltutes nc pa" of the opin,on of :ne Co.. Od: -u Derr. pre pLme oy the Reporter of Decls.ons for :ne con�tmence of :he rea::er _<e 119ed Staffs s' Der•01: LYTorr Co . 40u L S. r1 W" SLTRE31E COURT OF THE UNITED STATES Syllabus FIRST ENGLISH EVANGELICAL LUTHERA CHURCH OF GLENDALE v. COUNTY OF LOS ANGELES. CALIFORNIA APPEAL FROM THE COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTFICT No. K-1199'. Argued January 14, 19e Decided June 9. 19�E" In 1957. appellant church purchased land on which it operated a carnp- ground. know-n as "Lutherglen." as a retreat center and a recrea:iona. area for handicapped children. The land :s .ocated in a canyon along :r.e banks of a creeK :hat is the na:ura: draina¢e channe: for a watershed area. In 19"e. a flood destroyed Lxmerg.en s ou::d.rgs In respor.se to the Food appellee Los Angeles County. in 19-9. adopted an inter:rn ordinance pr"ibiung the construc::on or reco,ns,ric:ion of an_: building or structure in an interim food protection are? :ha- .nc:tided :he "and on which Lu:herg:en had stood. Shor.._.- after the ordinance was adopter?. appelim: filed su1: in a California :ria, court. ai:eg".ng, :cur at a. that the or-:nance denied aroe:ian: ii: use of :.utherg.en ar, seeking :o recover cis. ages in mverse condemnation I'or s;,ch toss cf The :rya. cola: gr%n:ed a motion :o strixe :he a'iegatuor.. basing .._ r-u:,ng on Ag,r1s t. riDuron. 24 Cal. 3d 266, 598 P. 2d 25 iaf.r'd on other grounds. 44. ?%. S. MP. in which the California Supreme Courr he,d :ha: a landou-.ier may. not main:yn an inverse conderrina::on su:: based upon a 'Teguia:ory� tajdng. and that compensation is not requ:reo ur,;:; the challengen rer.:- :a::o�, or ordinance has been held ercess:%e in an ac::ce for dec:am.—r- retie: or a writ of mandamus and the gD errmen: has neverthe:ess de- cided to continue the regulation in effect. Because appe:lant al:eged a r*guiatory Wang and sought only damages. the trial court deerned the allegation that the ordinance derued ail use of Lutherglen to be irreie- rant. The Caiaforrua Court of Appeal affrated Heid 1 The cia:m that the .Arms case :mproper.> held that the Just Com- pensa;ion Ciause of the Fifth Amendment ones not require compensa::or, FIRST LUTHERA\ CHURCH r LOS ANGELES COT: TY Syllabus as a remedy for "temporar" reguulaton• takings —those regulator: takings which are ultunattly invalidated by the courts —is property pre• tented in this case. In earlier canes, this Court was unable to reach the question because either the regulations considered to be in issue by the state courts did not effect a takang, or the factual disputes yet to be resolved by state authorities -night still lead to the conclusion that no taking had occurred. Here, the Californis Court of Appeal assumed that the complaint sought damages for the uncompensated -taking" of al: use of Luthergien by the ordinance, aM- retied on the California Supreme Court's Aping decision for the conclusion that the remedy for the talang was limited to nonmonetary relief, thus isolating the remedial question for this Court's consideration. MacDonald, Sommer & Frates v. Yolo County, 47 � U. S. —; Williamson County Regianal Planning Comm'n v. Hamilton Bank, 4�3 U. S. 172; San Ditoo Gas & E'ectrtc Co. v. San Diego. 450 U. S. 621; and Agin.s, all disunguuhed. lip. 5-E. 2. Under the Just Compensation Clause, whets the goverrinent has "taken' property by a land -use regulation, the landowner may recover damages for the time before it is finally determined that the rerliat:on constitutes a "taking" of hi proper}. The Clause is designed not to limit the governmen:ai interference %-ith proper-y rights per se, but rather to sectre co+npewation in, the event of otnensise proper interfer- ence amounting to a Ak=g. A landowner is entitled v br;ng an action in inverse condemnation as a result of the set -executing chancier of, ^e consu.tutiona: provision with respect to compensat;on. WrLie the t}'p:• cal taking occ•.im when the government acts tc condemn proper.} :r. the exerctst of its power of eminent domain. the doctrine of inverse con- demna::on is pred:cated on the propos;:ior that a ta,cng may occ;:r w.:h. out such formal proceedings. " T emporar, " reg%;,atory takings wh:cn. to here, der.: a landowner all use of his proper..:. are not different :n sand b-om permanent tak rigs for which the Cons::tution ciearly requires compensation. Once a court determines :ha: a taking has occurred. the government retauu :he ahoie range of options ahead% availab4— amendment of the regl t:on. a,;:hdrawa. of the inva idated regrulaaon. or exercise of enunen.: domain. But where the government's activit;e: have already worked a takang of all use of propert%, no subsequent action by the government can mil eve it of the duty to provide compensation for the period during which the taking was efsect:ve. Invalidation of the ordinance without payment of fur value for the use of the property during such period would be : constnt;;tion&.y ussulf5cient reined; Pp. 9-16. Reversed and remanded. FIRST LUTHERAN CHCPCH t LC: ANGE-' E-z COUNTY a: Syllabus REH.VQLIST. C. J., deUvered :he opinion of the Court, in whi& BREN- KAN, WKrr[, hLUM ALL, POWELL, and SCALIA. JJ., joined. STEVENS. J., Mod a dissenting opinion, in Farts I and III of wluch BLACxiat:,,, and O'CorrxoR, JJ . join. NOTICE Tko opWon is sub,,W to for c revision before pubLouon ir, the �nlu�un# ptv�t of the (:rued Sutee Repors Readers are ngwued :o arealy the porter of Decs,orts. Suprecrw Lour: of the Ur.;ted States, waar iet�ton D. C. of any :ypotrapruma or other formal errors. in order WL wnwuow may be made before the prd4m+nary pruu gwe to pem SURE NIE COURT OF TH-E L N. MD STATES No. 85-1199 FIRST ENGLISH EVA`GELICAL LUTHERAti CHURCH OF GLENDALE, APPELLANT v. COUNTY OF LOS ANGELES, CALIFORNIA ON APPEAL FP.OM THE COURT OF APPEAL OF CALIFORNIA. SECOND APPELLATE DISTRICT (June 9. 19F CHIEF JUSTICE Rm Quis T delivered the opiruon of the Court. In this case the Califorr.:a Cour: of Appea: held that a :and - owner who c-alms t1-a: his property has been "taken" by a lard -use reg-manor may no,, recover damages for the time be- fore it is finally determined that the regr.Lation constitutes a ' ka rig" of his property. We disagree. and conclude that In Chest- •imumstances the F' t.i and Fourteenth Amendments to th , Utited State- Constitution would require compensa- tion for that period. In 1957, appellant Furs: English Evange ical Lutheran Church purchased a 21-acre parcel of land in a canyon along the banks of ::le Xddle Fork of Mill Creek in the Angeles National Fcrest. The Middle Fork is the natural drainage channel for a watershed area owned b%- the National Forest Sen ice. Twelve of the acres owned b_v the church are flat land, and con=ed a d=' .g ha: , two bunkhouses. a care- taker's lodge, an outdoor chape:, and a footbridge across tl- e creek. The church operated on the site a campground, known as "Luthergler.." as a retreat center and a recreatlona: area for handicapped children. In Jul.:-- 19 -7 , a forest �.re denuded :he hills upstream from. Lu:herg;en. approximate.'y 3.660 acres of the wa- es-11-0rI N I0, 2 FIRST LtTHERAN CH : F.CH r LOS A GELES COUNTY tershed area and creating a serious P.00d hazard. Such flooding jccurred on February 9 and 10, 19 i ,�; , when a storm dropped 11 inches of rain in the watershed. The runoff from the storm overflowed the banks of the Mill Creek, flooding Lutherglen and destroying its buildings. In response to the flooding of the canyon, appellee County of Los Angeles adopted Interim Ordinance No. 11,W in Jan- uzry 1979. The ordinance provided that "[a) person shall not construct, reconstruct, place or enlarge any building or struc- ture, any portion of which is, or mill be, located azthin the outer boundary lines of the interim flood protection area lo- cated in Mill Creek Canyon ...." App. to Juris. Statement A31. The ordinance was effective immediately because the county determined that it was `required for the immediate preserv&::or. of the public health and safety ...." Id., at A32. The interim flood protection area described by the or- dinance included the Sat areas on either side of NL', Creek on which Lutherglen had stood. The church flied a complaint ;n the Superior Court of Cali- fornia a little more than a month after the ordinance was adopted. As subsequently amended, the complain: alleged two claims against the county and the Los Angeles County Flood Control District. The first alleged that the defendan:5 were liable under Cal. Gov't Code Ann. § 833 (Wes: 19�0� for dangerous conditions or. their upstrearn properties that contributed to the flooding of Lutherglen. As a part of tl_,s claim, appellant also alleged that "Ordinance No. 11.855 de- fies (appellant) all use of Lutherglen." App. 12. 49. The second clam sought to recover from the Flood M5,,rict in in- verse condemnation and in tor, for engaging in cloud seeding during the storm that, flooded :.uthergien. Appellant sought damages under each count for loss of use of Lutherglen. The defendants moved to strike the portions of the complaint al- ' Secton W of the California Govemme^t Code es:abiishes coed:::ons under which a public entity may be uabie -for :n;u.-y caused .,Y a dangerous condition of its property...." FIRST LL"THERAN CHURCH L. LOS A-tiGELES COUNTY 3 leging that the county's ordinance denied all use of Lutherglen, on the view that the California Supreme Court's decision in Agin v. Tiburon, 24 Cal. 3d 266. 598 P. 2d 25 (1979), aff'd on other grounds, 447 U. S. 255 (1980), rendered the allegation "entirely immaterial and irrelevant(, %ith] no bearing upon any conceivable cause of action herein." App. 22. See Cal. Civ. Proc. Code Ann. § 436 (West Supp. 19- ; ) ("The court may ... strike out any irrelevant, false, or im- proper matter inserted in any pleading"). In Agins v. Tiburon, supra, the Supreme Court of Ca!ifor- nia decided that a landowner may not maintain an inverse condemnation suit in the coui -ts of that State based upon. a "regWaton-" taking. 24 Cal. 3d, at 275-277, 598 P. 2d, at 29-31. In the cou e.'s %iew, maintenance of such a suit would allow a landowner to force the legislature to exercise its power of eminent domain. Under this decision. then. com- pensation is not required until the challenged reg-ulation or ord Lance has been held excessive in an action for dec'.a.-a:ory relief or a writ of mandamus and the government has never- theless decided to continue the regu:atior. in effect. Based on this decision., the trial cour, in tr.e present case gran:ed the motion to strike the allegatior. that the church had been denied a' use of Lutherglen. It explained that "a care re- reading of the Agtns case persuades the Coun that 'All -en an or6ip,ance. even a non -zoning ordinance. deprives a person o: the total use of his lands, his challenge to the ordinance is by way of declaratory relief or possibly randamus." App. 26. Because the appellant alleged a regulatory talong and sought only darnages, the aliegatior, that the ordinance denied a:, use of Lutherglen was deemed irreieva.r-.- 'The trial court also granted defendants' motion for judgment on the pleadings on the second cause of action. bated on cloud seeding It limited trial on the &mt cause of actor, for damages under Cal. Gov't Code Ann. 1635 (West 1980,. rejecting the inverse condemnation ci&rn A, the - oie of pla-rituff's evidence. the tr.a cc.:r g--&n',K a noru.:a on behaZ of defend- anta, dism.=Lng the ent► v compia n- &. -1199— O P I N I ON 4 FIRST LL"THERAN CHULCH r. LOS ANGELES COUNTY On appeal, the California Cour, of Appeal read the com- plaint as one seeking "damages for the uncompensated taking of all use of Lutherglen by County Ordinance No. 11,855 ...." App. to Juris. Statement A13—A14. It too relied on the California Supreme Court's decision in Agins in rejecting the cause of action, declining appellant's invitation to reevalu- ate Agins in light of this Court's opinions in San Diego Gas d Electric Co. v. San Diego, 450 U. S. 621 (1981). The court found itself obligated to follow Agins "because the United States Supreme Court has not yet ruled on the question of whe*.her a state may constitutionally limit the remedy for a taking to nonmonetary relief ...." App. to Juris..State- ment A16. It accordingly affirmed the trial court's decision to strike the allegations concerning appeUee's ordinance.' The Supreme Court of California denied review. 'The California Court of Appea. a:so aflrned :he lower coun's orders limiting the issues for tria. or, the ^rst cause of action, gzar.ttng a noes:::: on the issues that proceede to tr;a:. and dismissing the second cause of action --based on cloud se-d,.ng—to *he extent was founded on a theory. of strict liabi:i:;: in tor,. The tour, re•: erxd the tr;a: cour.'s ruling that the second cause of ac::o-, could not be :&:mane against the Flooc Con- trot District under the ti eor-: of inverse condemna::on. The case was re- mar.drd for further prxee-_4:ng-% on tn:s -11; ' These circumstances a.one. apar. from the more parvcuiar issues pre- sentea in takng< cases anal discusse- :n the ter, mute us to consxe- whether the pending resoiut:on of twiner LabIty questions depr;ves us o: jurisdiction because wN are not presented inth a -fjua judgrnenf t; or de- ere(C" within the mea.-ung of S C. S C. 4 12S" We thLnx :hat this case is characterized as one -in whit' the federa: issue. finaliv deeded b% the highest court in the Sure (:n wh.c. a decision coved be had;. w::i sur- nVe regardless of the outcome of future state -court proceedings " Cox Broadcasting Corp 1. CoA+i. 420 S. 469, 480 (19'"5). As we expLun inf7u, at - , the Califorrua Court of Appea: rejected appeL'ant s federal clam that it was entaled to just compensat-,on from the county for the ta,eng of its property, this distinct uaue of federa. Law Wn"" surr. a and requue decision no matter how further proceedings resoive the issues tort• cerrung the Labil, •. of the Rood contra; distnct for its cloud seeding operation. 85-119�--OPI�IO� 16 FIRST LL7rHERA.N CHURCH v. LOS AtiGELES COUNTY that where the government's activities have already worked a taking of all use of property, no subsequent action by the government can relieve it of the duty to proNide compensa- tion for the period during which the taking was effective. We also point out that the allegation of the complaint which we treat as true for purposes of our decision was that the or- dinance in question denied appellant all use of its property. We limit our holding to the facts presented, and of course do not deal v6ith the quite different questions that would arise in the case of normal delays in obtaining building permits. changes in zoning ordinances, variances, and the like which are not before es. We realize that even our present holding will undoubtedly lessen to some extent the freedom and flex- ibility of land -use planners and governing bodies of municipal corporations when enacting land -use regulations. But such consequences necessarily flow from any decision upholding a claim of constitutional right; many of the provisions of the Co-i;stitution are designed to limit the flexibility and freedom of governmental authorities and the Just Compensa::�r. Clause of the Fifth Amendment is one of them. As Justice Holmes aptly noted more than 50 years ago. "a strong pubic desire to improve the public condition is not enough to war - rust achieving the desire by a shorter cut than the cons:i:J- tional way of paring for the change." Pennsylvania Coai Co. v. Mahon, 260 U. S.. at 416. Here we must assume that the Los Angeles County ordi- nances have denied appe"ant a'.'. use of its property for a considerable period of years, and we hold that invalidation of the ordinance %► thout payment of fair va;ue for the use of the property during this period of time would be a constitution- ally =ul5cient remedy. The judgment of the California Court of Appeals is therefore reversed, and the case is re- manded for further prr.eedings not inconsistent with this opiruon. It is so ord"ed. 65-1191—0PINIG`; FIRST LUTHERAN CHURCH t LOS ANGELES COUNTY 5 This appeal followed, and we noted probable jurisdiction. 478 U. S. . Appellant asks us to hold that the Supreme Court of California erred in Agins v. Tiburon in determining that the Fifth Amendment, as made applicable to the States through the Fourteenth Amendment, does not require com- pensation as a remedy for "temporar," reg,alatory takings — those regulatory takings which are ultimately invalidated by the courts.' Four times this decade, we have considered similar claims and have found ourselves for one reason or an- other unable to consider the merits of the Agtns rule. See MaeDanald. Sommer & Frates v. Yolo County, 47 U. S. (1986); Williamson County Regional Planning Comm'n v. Hamilton Bank, 473 U. S. 172 (19&5); San Diego Gas & £leeric Co., supra; Agin- v. Tiburon, supra. For the rea- sons explained below, however, we find the constitutiora: claim properly presented in this case. and hold that on these facts the California courts have dec.d? ,_- the cornpersa::or question inconsistently w-it:: ;he req,"_-ernes:s of the F.f t:- Amendment. Concerns With F.nali:_�: left us unable :o reach ;he remedia: question in the earlier cases %%-here we have been, asked to consider the rate of .4cins. See .11ccLon:id. Semmer Q Frates, supra, at (surmmari=g cases'. In each of these cases, we concluded either that regulations considered to be in issue by the state court did not effec: a Wang, Ag?ns v. Tiburon, supra, at 263, or that the factua, dispute yet to be resolved by state authorities rr;gh; s:.'ad :o the cor.ciusion that no taking had occurred. MacDo..aid. Sommer Frates, supra, at ; Willzam.san County. supra, at San Lugo Gas & Electric Co., supra, at 631-623. Corsider- 'The Flth Amendment proy.des -nor sha: pr.vate propr.r:y be :oxen for pubuc use, without jtut comperuat:on, " and applies to the States U%mug i the Fourteenth Arnena:nent See Chicago. B & G R C � Chicago. 166 U. S. 2:6 r 189'7) 85-11991_0PIN10� 6 FIRST LUTHERAN CHTURCH r LOS ANGELES COUNTY ation of the remedial question in those circumstances, we concluded, would be premature. The posture of the present case is quite different. Appel- lant's complaint alleged that "Ordinance No. 11,855 denies [it] all use of Lutherglen," and sought damages f,.: this depri- vation. Arp. 12, 49. In affirming the decision to strike this allegation, the Court of Appeal assumed that the complaint sought "damages for the uncompensated taking of all use of Lutherglen by County Ordinance No. 11,855." App. to Ju- ris. Statement A13—A14 (emphasis added). It relied on the California Supreme Court's Agins decision for the conclusion that "the remedy- for a taking ;is limitedl tc nonmor.eta.—: re- Lef...." Id., at A16 (emphasis added). -ne disposition of the case on these grounds isolates the remedial question for our consideration. The rejection of appellant's aUega:ions did not rest on the view that they were false. Cf. YlccDor7- a.d, Sr �tmrr & Fra'es. supra, a: , n. 8 (California cour- rejectc.1 allegation in the complaint that appellant was de- prived of all beneficial use of it: propery`, Agzres v. Tiburor. 44 7 t . S. , at 259, n. 6 (same). Nor did t:;e court re" on the theory that regalaton• meas-.:rH_ such: as Ordinance No. 11.855 may never constitute a taking in the constitutional sense. Instead. tt,e claims were deemed irrelevant soie:,.- because of the California Supreme Court's decision in Agirs that damages are unavailable to redress a "temporan=' reg•.:- laton. talvrng.' The California Cou.r. of Appeal has thus he:d `It has been urged tha; the CaJorrt;a Supreme Cour.'s discsss.:n cr the compensation quest;or. in Ag;ns v. Tiburon. 24 Ca:. 3d 266. i9c P. t1979i, af7'd on other grounds. 447 S 256 19EQ , was dictum.:. because the court had already decided that the rviri1stions could not work a Want See Marano v Santa Cla-m Vailrj Warr &,,!rtc:, 703 F. 2d 1141. 114" (CA9 1983' !"e)rended dictum The Court of Appel •n thls case cons:d- ered and re;ected the possibility that the compensation discussion :r. Agr�s was datum. See App. to June. Statement A14-A15. quowrig Apt.as Sec - •cape Ca-p v County of Santa C-u: 13r Ca. App 3d 484. 493, 1&E Ca. Rptr. 191. 195 ! 1962 ) (." (I': to apparent test the Supreme Cour, itself did nr* �rtend its discussion (of inverse eonde:!L%aucr as a reme,.1, for a ta,eng, K-1199-- PINIIO FIRST LL"THERA:N CHURCH v LOS ANGELES COUNTY that regardless of the correctness of appellants' claim that the challenged ordinance denies it "all use of Lutherglen" ap- pellant may not recover damages until the ordinance is finally declared unconstitutional, and then only for any period after that declaration for which the county seeks to enforce it. The constitutional question pretermitted in our ew lier rases is therefore sgtlarEly presented here.' We reject apr ''ee's suggestion, that. regardless of the state coum's tre: - en, of the question, we must independ- ently evaluate the adequ,#cy of the complaint and resolve the ta}dngs claim on the merits before we can reach the remedia' question. However "cr�-ptic"—to use appeflee's descrip- tion --the allegations %ith respect to the takang were, the California courts deemed them sufficient to present the issue. We accordingly have no occasion to decide whether the ordi- nance at issue actually densed appellant all use of its prop- erty or whether the county rm, avoid the conc usion that to be considered dictum.... and :t haz no: oeen trtated as such in subse- quent Cour. of Appeal cases",. W ne:ner ;rea::ng :ne dinars: as a WL-Ig� claim is :ncons:stent w-;h the firs: ho,d_ng of Ag;ns L not a matter for our concern.. It w enoug: ;ha::he coup _4:c s,, for us tc read :he remed.a: ques:ion.. 'Our canes have aao req=-ed :na: one seeping compensa:,or, must "seek compersa::on througn the procedures the State has pro—,ded for do,_ng so" before the clam is ripe for review. µ'illiamsor County Re- pnornal Planning Camm'n v. Hamilton: Bank. ,73 U. S. 1 M. 194 aq9 5 . It is clear that appellant met this requirement. Having assumed that a taicng occurred. the California court s d:smissa: of me action. estabitshes that -the mverse condemnation proceduree is una,,a;.ao,e ld.. a: 197. The eornpe►4ation c;aun is according.;• rape for our consideration Because the issue was not raised Ln the eompia:nt or considered reie- vant by the Cadoma courts in their assumption that a talcng had oc- eurrtd. we also do not consider the effect of the countN-'s permanent ordi- nance on the conclusions of the counts below. That ordinance. adopted :n 1961 and reproduced at App to Juris Statement A32-A33. provAes tha: "'al person shall not use. erect. constru:.. move onto. or . alter. moddh erAge or reconstruct an% but ding or s:ruc:u.-e w-ithin the boundar.es of a flood protection dtstnct except (a;ecessor- b"c:ngs and strvctu"5 that will not substant:ev impede the low of water. including sewer, gas 85-119r—OPINION 8 FIRST LL"THERAN CHURCH t LOS AtiGELES COUNTY a compensable taking had occurred by establishing that the denial of all use was insulated as a part of the State's author- ity to enact safety regulations. See e. g., Goldblatt v. Hempstead, 369 U. S. 590 (1962); Hadacheck v. Sebastian, 239 U. S. 394 (1915); Mugler v. Kanlas, 123 U. S. 623 (1887). These questions, of course, remain open for decision on the remand we direct today. We now turn to the question of whether the Just Compensatio^ Clause requires the govern- ment to pay for "temporary" regulatory taildngs.' electrical, and water systems. approved by the count} engineer. ... (a mobile parlcng faciLties incidental to a law-4ullv established use (and; (f Hood-�:ontm! st-vc:ures approved by the chief en . eer of the Los . nge- les County Flood Control District." County Code I =.44=0. 'In addition to challenging the finaLt;: of the talcngs decision be:oa appellee raises two other challenges to our jurisdiction. First, gong, :o both the appellate and certiorari jurisdiction of :his Cour, under 2_ U. S. C. 11257. appellee alleges :ha: appellant has fai,eo' to preserve for re.new an)- claim under federal law. Though the cor.:pa:n: in this cue in- voiced only the California Const:tution. appellant arg•,sed in the Court of Appea: that -Tteen: Federal decisions .. . show the Feder;: Cons-::u:ional e-ror :n ... Arns' v. Tiburon. 24 Cal. 3d 266, 596 P 2d 2.5 f 19,9)]." App. to Appellan:'s Opposition to Appeuee's Second NI .:on to Disrnss Al13 The Coun of Appea:. by applying the s:a:e rule of .Ag rs to dismiss azve.- 1 .r* s act;on, reiected or the merits the ciaL-n tha: :he n:ie vio.a:ed .nt L: n::ed States Constitution. This dispos;tion mazes irre:evant for our p;:r- poses any deficiencies in the comp:unt as to federa: Issues. where :he sate court his considered and decided the constitutional ciaim. we need not consider how or when the question was raced. .Vanharan L.'(e Ins Co. v. Cohe-n. 23: U S. 123, 134 (1914). Ham .ng succeeded in bringing :he federal issue into the case. appellant preserves this ques::or. or, appea::o the Supreme Cour- of Caldorrsa. see App to Appe_ar.: s Opposi:ion to A-- pellee's Second Motion to Disrruss A14-A=. which decined to r.%-iew- its Aptni decision. Accordingly, we find that the issue urged here was both raised and paved upon below. Second, appellant challenges our appe-vate jurisdiction on the erour.'s that the case below did not draw 'in question the vaL'di:s of a salute of a. sate ...." 28 L. S. C. f 1257(21,. There is. of course. no doubt that the ordinance at issue in this case :s "a statute of ;a' state" for puxposes of 11257. See Ertnornik v. City of lacksoninI4. 4=, L: S 205. 207, n 3 (19-5). As construed by the sate counts, the complaint in this case a:- 85-119';1-­OP1\IO.N FIRST LUTHERAti CHURCH L• LOS A GELES COUNTY 9 II Consideration of the compensation question must begin with direct reference to the language of the Fifth Amend- ment, which provides in relevant part that "private property (shall not) be taken for public use, %%ithout just compensa- tion." As its language indicates, and as the Court has fre- quently noted, this provision does not prohibit the taking of private property, but instead places a condition on the exer- cise of that power. See Williamsan County, C3 U. S., at Hodel v. Virginia Surface Mining & Reclama!io�: Assn., Inc., 452 U. S. 264, 297, n.. 40 (1981); Hurley v. Kincaid, 2W U- S. 95, 104 (1932); Manangahela Narigation Co. v. United States. 148 U. S. 312. 336 (184); United States v. Jokes, 109 U. S. 513, 518 (1883). This basic understand- ing of the Amendment makes clear that it is designed not to limit the governmental interference propey rights per se, but rather to secure a mpensatian :n :he event of other - arise proper interference amounting to a taking. Thus, gov- ernment action that works a taking of property rights neces- sarily implicates the "constiritionai obligation to pay iu_t compensation." Armstrong v. United States. 36-; 1:. 49 (1960). We have recog=ed that a Lando%%T.er is entitled to bring an action in inverse cond,:mnation as a result of -.he seLfl- executing character of the constitutionai provision with re- leged that the ordinance. by den%-.ng al: use of the propery. worKed a tail'• ing %-thou: providing for;us: compe-uat:on. We have frequent!y :rea:e: such challenges to toning ordirimces as challenges to their validity under the federal constitution. and we no reason to revue that approach here See. e. g., MacDo+sald, Scnnmer & F-ates v. Yolo County. 4; . L'. S (1986); Loretto v. Teleprtrmpter Ma+.'rattan CATV Corp., 458 U. S. 419 (19M. Airns v. Ttburan. 44' U. S. ZM (1Wr Penn Central' Transporta- tion Co. v. New York City. 4M (:. S. 144 (19'E+ By holding that the fail- ure to provride compensation was not urcorutttutiona:, moreover, the Caii- fornsa courts upheld the validity of the statute against tr.e particular federal constitutional question at issue here —lust compensation ---and the case is within the terms of 11257 _'- M.-1199-0 P I N 10 N 14 FIRST LL'THERAN CHURCH i• LOS ANGELES COU Nn' spect to compensation ...."' United States v. Clarke, 445 U. S. 253, 257 (1980), quoting 6 P. Nichols, Eminent Domain 125.41 (3d rev. ed. 1972). As noted in JUSTICE BRENNA.N's dissent in San Diego Gas & Electric Co., 450 U. S., at 654-655, it has been established at least since Jacobs v. United States, 290 U. S. 13 (1933), that claims for just com- pensation are grounded in the Constitution itself: "The suits were based on the right to recover just com- pensation for property taken by the United States for public use in the exercise of its power of eminent domain. That right was guaranteed by the Constitution. The fact that condemnation proceedings were not instituted and that the right was asserted in suits by the owners did not change the essential nature of the claim. The form of the remedy did not qualify the right. It rested upon the Fifth Amendment. Statutory recog anon w•a; not necessary. A promise to pa}' was not necessar-.. Such a promise was implied because of the duty imposed by the Amendment. The suits were thus founded uoo,; the Constitution of the United States." Id., at 16. (Em- phasis added.) Jacobs, moreover, does not stand aior.e. for the Court ha; frequently rf:peated the %iew that. in the event of a taking, the -compensation remedy is required by the Constitution. See e. g., Kirby Forest Industries, Inc. v. United States. 467 U. S. 1, 5 (1984); United States v. Causbv. 325 U. S. 256. 25: (1946); Seaboard Air Line R. Co. v. United Stc'es, 261 U. S. 299. 304-306 (1923); Monongahe.'a Vat-igatt", supra, at 32'i .' 'The Solicitor General urges that the prohibitory nature of the Fifth Amendment, see supra, at . combLned with princtpies of sovereign im- muruty. estabLshes that the Amendment itself is oniv a Lm;ut:on on the power of the Government to act. not a remedial provision. The cases cited in the text, we .hunk, refute the arg+unent of the United States that -the Constitution does not, of its own force. fu mah a basis for a court to swat i money damages against the government " $nef for United Sates i 83-1199--0PIN ICIN FIRST LL7THERAI CHURCH t•. LOS AtiGELES COUNTY 11 :t has also been established doctrine at least since Justice Holmes' opinion for the Court in Pennsylvania Coal Co. v. Mahon, 260 U. S. 393 (1922) that 1t1he general rule at least is, that while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a t.aiflng." Id., at 415. %!We the typical taking occurs when the gov- ernment acts to condemn property in the exercise of its power of eminent domain, the entire doctrine of inverse con- demnation is predicated on the proposition that a taking may occur azthout such formal proceedings. In Pumpelly V. Green Bay Co., 13 Wall. 166, 177-17 K (1872), construing a pro%-ision in the Wisconsin Constitution identical to the Just Compemutior, Clause, this Court said: "It would be a very curious and unsatisfactory result if ... it shall be held that if the government refrains from the absolute conversion of real, proper:;: to the use-s of the public it can destroy its value entirely, can ir..tc: irreparable and pennanent injury to any extent, can. in effect, subject it o t destrsrt:on without ma}ang ar.y compensation, because, in the narrowest sense of tha: word, it is not taken for the public use." Later cases have unhesitating?} applied this principie. See. e. g., Kaiser Aetna v. United States. 444 U. S. 161 (19:9`. United States v. Dickinsan, 331 U. S. 745, 750 (1947); L'nitec States v. Causby, 328 U. S. 256 (1946). '"'Ue the Supreme Court of California may not have actu- ally disavowed this general rule in Agins, we believe that is has truncated the ruie by disallowing dari:ges that occurred prior to the ultimate invalidation of the challenged regula- Amicus Curiae 14. Though wising in various factual and Iu.-tsdictnona: settings, these caaes make clear that t is the Constitution that dictates the rtmedv for interference with property rights amounting to a taking See San sego &w & Elecrnc Co. v. Son Diego. 4W U. S. 621. 656, n. 21 (19E.) (BRE*r. AN, J.. dissenting), quoting United States v. Dickrtson. 331 U S . 45. . 48 (1947). 85-1194­0 P I N I O N 12 FIRST LL'THERAN CHURCH r. LOS A GELES COUNTY Lion. The Supreme Court of California justified its conclu- sion at length in the Agins opinion, concluding that: "In combination, the need for preserving a degree of freedom in the land -use planning function, and the in- hibiting financial force which inheres in the inverse condemnation remedy, persuade us that on balance man- damus or declaratory relief rather than inverse con- demnation is the appropriate relief under the circum- stances." Agint v. Tiburon, 24 Cal. 3d, at 276-27 , 59 P. 2d, at 31. We, of course, are not unmindful of these considerations, but they must be evaluated in the light of the command of the Just Compensation Clause of the Fifth Amendment. The Court has recognized in more than one case that the gove^:- ment may elect to abandon its intrusion or discontinue reg-.:- lations. may e. g., Kirby Forest Industries, Inc. v. United States, 467 U. S. 1 (1984): United States v. Dow, 357 U. S. 17, 26 (1958). Similarly.a goyernmenta' body may acquiesce in a judicial declaration that one of its ordinances has affec.e: an unconstitutional taking of property: the landowner has no right under the Just Compensation. Clause to insist tha-. a temry' poratal• ng be deemed a permanent taking. Bu: A e have not resolved whether abandonment by the governme requires payment of compensation for the period time dur- ing which regulations deny a landowner all use of his land. In considering this question. we find substantial guidance in cases where the government has only temporarily exer- cised its right to use private property. In United States y. Dow, supra, at 26, though rejecting a claim that the Govern- ment may not abandon condemnation proceedings, the Court observed that abandonment 'results in an alteration in the property interest taken —from (one of J PaL o,%-nership to one of temporary use and occupation.... In such cases com- pensation would be measured by the principies normally go: - erning the taking of a right to use proper- ternpora, See Kzmbail Laundry Co. y. United States, 33r t'. S.i K-1199 )PIN10N FIRST LUTHERAN CHi'?r'H L LOS ANGELES COUNTY 13 (19491; United States v. Petty Motor Co., 327 U. S. 372 (1946); United States v. General Motors Corp., 323 U. S. 3'j3 [1945).ol Each of the cases cited by the Dow Court involved appropriation of private property by the United States for use during World War II. Though the takings were in fact "temporary," see Petty Motor Co., supra, at 375, there was no question that compensation would be required for the Government's interference with the use of the property; the Court was concerned in each case Rith determining the proper measure of the monetary relief to which the proper.: holders were entitled. See Kimball Laundry Co., supra. a: 4-21; Petty blottn• Cu., supra, 31I-381; General Motors, supra, at 379-384. These cases reflect the fact that "temporan•" taldngs which, as here, deny a landowner all use of his property, are not different in land from permanent takings, for whit:: the Constitution clearly requires compensation. Cf. San Diego Gas 8 Electric Co., 450 U. S., at 657 (BRENNAN. J., dissent- ing) ("Nothing in the Just Compensation Clause suggests that 'takings' must be permanent and irrevoca.-ile"). It is axiomatic that the Fifth Amendment's just compensation pro%-ision i< "designed to bar Government from Iorc:ng sore people alone to bear public burdens which. in ail fairness and justice, should be borne by the public as awhole." Arrr.- strong v. United States, 364 U. S.. at 49. See also Pens: Central Transportation Co. %•. New }fork City. 4K U. S., a: 123-1'_5: Monongahela Nat ' a'.ion Co. %•. United States. 1;= U. S., at 325. In the present case the interim ordinance was adopted by the county of Los Angeles in January 1979, and becarne effective immediately. Appellant filed suit within a month after the effective date of 0- finance and vet when the Supreme Court of Califorrila o, : a hearing in the case on October 17, 1985, the merits of appe:lant's claim had e: to be dete."wed. The United States has been required to pay compensation for leasehold interests of shorter duration than this. The value of a leaseh)'id interest in property for a pe- riod of years may be substantial, and the burden or, the prop- 85—:19c&_ -0PIINI0S 14 FIRST LUTHERAN CHURCH v LOS ANGELES COUNTY erty owner in extinguishing such an interest for a period of years may be great indeed. See, e. g., United States v. Gen- eral Motors, supra. Where this burden results from govern- mental action that amounted r i taking, the Just Compensa- tion Clause of the Fif th Amendment requires that the government pay the landowner for the value of the use of the land during this period. Cf. United States v. Causby, 328 U. S., at 261 ("It is the owner's loss, not the taker's gain, which is the measure of the value of the property taker."). Invalidation of the ordinance or its successor ordinance after this period of time, though converting the taking into a "tem- po:R-n09 one, is not a sufficient remedy to meet the demand_= of the Just Compensation Clause. Appellee argues that requiring compensation for denial of all use of land prior to invalidation is inconsistent with this Co='s decisions in Danforth v. United States, 308 U . S. 2:1 (1939), and Agins v. Tiburon. 44 ' . S. 255 (1980). In Da?? - forth, the landowner contended that the 'Uldng" of his prop- erty had occurred prior to the institution of condemnation proceedings, by reason of the enactment of the Flood Control Act itself. He claimed tha: the passage of tha* Act had di- minished the value of his proper:• because the plan embodied in the Act required condemra:,,or, of a flowage easement across his property. The Court held that in the contex: of condemnation proceedings a taking does not occur until com- pensation is determined and paid, and went or, to say tha: 1a] reduction or increase in the value of property may occur by reason of legislation for or the beginrdng or compietion of'a project," but "(sluch charges in value are incidents of own- ership. They cannot be considered as a ta}dng' in the consti- tutional sense." Danforth, supra, at 2S5. Agins likewise rejected a claim that the city's preliminary actr*ities cons:i- tuted a ta;dng, saying that "(mjere fluctuations in value dur- ing the process of governmental decision.mak:ng, absent ex- traordinary delay, are incidents of ownership.— See 44 U. S.. at 263, n. 9. 65-1199-- PINION FIRST LLTTHERAti CHURCH L. LOS NGELES COUNTY 15 But these cases merely stand for the unexceptional propo- sition that the valuation of property which has been taken must be calculated as of the time of the taking, and that depreciation in value of the property by reason of preliminary acti%zty is not chargeable to the government. Thus. in Agin, we concluded that the preliminary activity did not work a taking. It would require a considerable extension of these decisions to say that no compensable regulatory taldrig may occur until a challenged ordinance has ultimately been held invalid.' Nothing we say today is intended to abrogate the principle that the decision to exercise the power of eminent domain: is a legislative function, "`for Congress and Congress alone to de- termine."' Hawaii Housing Authority v. Midkif{, 467 U. S. 229, 240 (1984), quoting Berman v. Parker, 348 U. S. 26, wj (1954). Once a court dete.^nines that a ;axing has occurred. the government re;airs the whole range of options already availabie—amendment of the regulation, ulthdrawal of the invalidated regulation, or exercise of eminent. domain. Thus we do not, as the Solicitor Genera'. suggests. "per-mit a cour., at the behest of a private person, to require the ... Govern - men: to exercise the power of errinen: domain ...." Brie: for United States as Amtcus Curiae 2. We mere:%• hold "K'tilwmion County Regional Planning Comm'n, is not to the con- trary. There. we noted that "no constttutiora. violation occur unt;: lust compensation has been defied." 473 U. S.. at 194. n. 13 This state- ment, however, was addressed :o the issue of %ne:ner the cons t:,ut,,ona. claim was ripe for revlew and did nc: +stab:isn :ha: compensation u :►n- available for government activity occsmng before compensation it actually denied. Though, as a matter of law, an illegitinute taicng might not occur until the government refwws to pay, the interference that effects a takcng might begin much earLer. and compensation is measured from that time. See Ktrby Forest Industries. Inc v United States. 467, U. S. 1. 3 (19---4 (where Government physically occupies land without condemnation pro- ceedings. "the owner has a right to bring an 'inverse condemnation suit tc recover the value of the Lind on the date o► the innwton by the Gov e m m eatt'). 85-119y---- D I SSE N T 16 FIRST LU"I'HERAN CHURCH v. LOS A.NGELE-- C01: TY dame s or declaratory relief rather than inverse condemnation provides "the approp, iate relief," for one who challenges a regulation as a taking Agins v. Tiburan, 24 Cal. 3d, at 277, 598 P. 2d, at 31. This statement in Agins can be interpreted in two quite different Rays. First, it may merely require the property owner to exhaust his equitable remedies before asserting any claim for damages. Under that reading, a postponement of any consideration of monetary relief. or even a requirement that a "temporary regulatory taking" claim be asserted in a separate proceeding after the tempo- rary interference has ended, would not violate the Federal Constitution. Second, the Agin opinion may be read to in- dicate that California courts will never award damages for a temporary regulatory taking." Even if we assume that such a rigid rule would bar recovery in the California courts in a few meritorious cases, we should not allow- a Utigant to chal- lenge the rule unless hiss complaint contains allegations ex- plaining why declaratory relief would not provide him with an adequate remedy, and unless his complaint at least com- plies with the California rule of procedure to the extent that the rule i< clearly legitimate. Since the First Amendment is not implicated, the fact that California's rule may be some- what "overbroad" is no reason for perry.:::*ng a par.;: to com- plain about the impact of the rule on other property owner_ who actual'.• file complaints that call California's rule into question. In any event, the Court has no business speculating or, hove the California courts will deal with thi_s problem when it is presented to them. Despite the many cases in w hJch the California courts have appLed the Agins rule, the Court can "The California Supreme Court's discussion o.` the policy implication- in Aping is entirely consistent with the view that the court was choosing br- tween remedies (invalidation or compensation- with respect to the perrna- Dent effect of a rerilation. and was not deaLrig w-.-h the tempora 7, tar_r.b question at aL. Subsequent CalJorrua Supreme Court cases applying the Aptns rule de not shed Lgh: on this ques::en. 85-119s--DISSE NT FIRST LUTHERaN CHURCH t LOS ANGELE.� COUN TY 1; point to no case in which application of the rule has deprived a property owner of his rightful compensatioi.. In criminal litigation we have steadfastly adhered to the practice of requiring the defendant to exhaust his or her state remedies before collaterally attacking a conv�iction based on a claimed violation of the Federal Constitution. That require- ment is supported by our respect for the sovereignty of the several States and by our interest in having federal judge: decide federal constitutional issues only on the basis of fully developed records. See generally Rose v. Lundy, 455 U. S. 509 (1982). The States' interest in controlling land- use development and in exploring all the ramifications of a cha:- lenge to a zoning restriction should command the same defer- ence from the federal judiciary. See Williamson, 473 U . S.. at 194-197. And our interest in avoiding the decision of fed- eral constitutiona: questions on anytrdng less than a informed basis counsels against trying to decide whether equitable relief has forestalled a temporary taking ur tii of ter we knov%• what the relief is. In short, even if the California courts adhere to a rule of never granting monetary relief for a temporary regulatory taking. I believe we should require the property owner to exhaust his state remedies before con- fronting the quest.on whether the net result of the state pro- ceedings has amounted to a temporan• taking of proper.;: without just comne;isation. In this case, the Church should be required to pursue an action demanding invalidation of the ordinance prior to se6 ng this Cour,'s review of California' procedures. " The appellant should not be permitted to circumvent tha, requirement by omitting ary prayer for equitable relief from its complaint. I believe the California Supreme Court is "In the habeas corpus mnte.x . we have he;a that a prisoner !ass not exhausted his state remedies when the stste cour. refuses to consider his chum because he has not sought the appropriate sure remedN.. See woods v. NwntMme-. 328 U. S. 211, 216 ;19461. E: Pa-4 Hawk. 321 L' S 114, 116-117 (1944, This rtie should be applied w-;r: equi force here 85-119i+-DISSENT 18 FIRST LUTHERAN CHURCH LOS A.VGELES COUNTY justified in insisting that the owner recover as much of its property as possible before foisting any of it on an unwilling governmental purchaser. The Court apparently agrees with this propos;tion. Thus, even on the Court's own radical %Iew of temporary regulatory takings announced today, the CaL- fornia courts had the right to strike this complaint. IN, There is, of course, a possibility that land -use planning, like other forms of regulation, will unfairly deprive a tither of the right to develop his property at the time and in the mariner that will best serve his economic interests. The "regulatory taidng" doctrine announced in Percntylrania Coal places a limit on the permissible scope of land -use re- strictions. In my opinion. however. it is the Due Process Clause rather than that doctrine that protects the proper•.;, owner from improperly motivated. urfairly conducted. or ur.- necessarily protracted governmental decisiormaldng. Vi- olation of the procedural safeiriards mandated by the Due Process Clause will Vve rise to actions for damages under 42 U. S. C. 11983, but I am riot pe:-suaded that delays in the development of propem• that are occasioned by frilly con- ducted administrative or judicial proceedings are compensa- bie, except perhaps in the most unusual circumstance. On the contrary, I am com-inced that the public interest in ha,,. ing important governments: decisions made in an orderly. fully informed way amp!%. justifies the temporary burder, on the citizen that is the ine%-itab:e by-product of demicraac government. As I recently wrote: "The Due Process Clause of the Fourteenth Amend- ment requires a State to employ fair procedures in the administration and enforcement of all kinds of regu:a- tions. It does not, however, impose t,-,e utopiar, re- quirement that enforcement action may not impose any cost upon the citizen unless the govern - it's positron is 85-119's—DISSENT FIRST LUTHERAN CHURCH t. LOS A,GELES COUNTY 19 completely vindicated. We must presume that regula- tory bodies such as zoning boards, school boards, and health boards, generally make a good -faith effort to ad- vance the public interest when they are performing their official duties, but we must also recognize that they will often become involved in controversies that they will ultimately lose. Even though these controversies are costly and temporarily harmful to the private citizen, as long as fair procedures are followed, I do not believe there is any basis in the Constitution for characterizing the inevitable b%-product of everp such dispute as a 'tak- ing' of private property." Williamson, supra, at 205 (opinion concurring in judgment). The policy implications of toda%'s decision are obvious and. I fear, far reaching. Cautious local ofncialS and land--,ise planners may avoid taking any action that might later be challenged and thus give rise to a damage action. 'Much im- portant regulation aU never be enacted.`- even perhaps in It is no answer to say tha: " (a;fter a::. d a policeman must know the Cons:::a:ion. the, why not a planner" San Diego G-s s E,ec!ric Co. v. San Diego. 450 U. S. 621. 661. n. 26 ;19e1 (BRE.NNA.N. J.. a:ssen::rF . Tc begin with, the C'>urt has repeated:y recogtused that it itse.: cannot estab- ksh any otlective rules to assess when a regulation becomes a ta;cng See Xodel v. laving, 481 U. S. (1987); Andrus v. Allard. 444 U. S. 51. 63 (19:9): Penn Central. 438 U. S.. a: 123-124. How then can it de- mand that land planners do an%, better'' However confusing some of out cr:rruna: proced,.ze cases may be. I do no: beLeve they have been as open- ended and standardless as our regulatory ta►cngs cases are. As one corr.- mentator concluded: `'The chaotic state of taking law makes it especia..%- likely that availability of the dareages remedy wilt induce land -use planning officials to stay well back of the invisible hne that they dare not cross " Johnson. Compensation for Invalid Land -Use Re"nons. 15 Ga L. Rev. 559. 594 11981); see also Sal]et. The Problem of Murucipal Liability for Zor.- ing and Land-t;se Regulation. 31 Cath. U. L. Rey. 463, 478 (1982'. Charier v. fAcmond, 41 ti 1' 2d 316. 331-332. 36+D \ . E . 2d 1295. 1305 (19" 7 ); A: - 1 n v. City and County or Honolulu, 58 Haw. 432, 439. 57.1 P. 2d 325, 331 (197!. 8b-1199—DISSENT 20 FIRST LUTHERAN CHURCH r. LOS ANGELES COUN171" the health and safety area. Were this result mandated by the Constitution, these serious implications would have to be ignored. But the loose cannon the Court fires today is not only unattached to the Constitution, but it also takes aim at a long line of precedents in the regulatory takings area. It would be the better part of valoa imply to decide the case at hand instead of igniting the kind of litigation explosion that this decision will undoubtedly touch off. I respectfully dissent. Mother critical distinction between police activity and land -use planning is that not every missed call by a policeman gives rise to civ-.1 liability; police officers enjoy individual immunity for actions taken in good faith. See Harlow v. Fit:pe►aid, 457 U. S. $00 (IM); Date v. Sche•rr., 468 t'. S. 193 OW4). Moreover, Municipalities arc not subject to cv-1l liabU.-y for police officers' routine judgment errors. See Mmell v..Vru• York City Dept. of Social Services, 436 U. S. 658 (19"8). In the land regulation con- text, however, I am afraid that an}' decision b% a competent reiralatory body may establish a `policy or custom" and give me to Liability after today. CAAL SFITING owrr 4/25/87 6/91/67 MY or aon 7/@VV AND MAIR e. e®wr►aoec� CM AUKINISfWA" 1 MY 1967 - 36 APRIL 1968 '87 S-M, - 1987 Council Strategic Planning Short 'farm Objective OA>H<TIVFS OMB Spf1l18 AIM ILL AM 1. Community Development Highway 12 '87 STO A. Comprehensive Plan Amenciment V (5/87) % l�). .a•.' LTr-..:;.^..... 12 5/11/87 Tabled to 6/22/97 Adcnrted E!22/97 Sulxriz:_.ian to rw•t Council 6/12/87 Pe-ei,,e hack from Met Council 9/11/87 2aning Amerrieents - Draft 6;'5/87 - Planning Commissim 7/6,'87 consideration - Council consideration 8/10/187 Negot iat ions on utilities commervice (bang take -Medina) 5/1-: 8' Final plan approval 9.'28, 3� B. Task Force to upgrade Mmitor progress Ang'7in, '87 S"_O Navarre Redevelopment (Commence 2/87) Generate brooder interest 6/30'8- Initiate ^.cal/Objective 7/12/87 Setting process Engage consultants to be determined - Planning - Legal AWA 1. Cammunity Development (Cant.) '87 S'M "ounty 15 Development (Commence 2/87) ' 87 S'M Storm Slater Management (Cammence 2,/87) Plan '87 STO Community Transportation Plan (Commence 2/87 ) 2. Environmental Protection '87 Sf0 Stubbs Bay (Complete evaluation 4;87) CRXK'rIVES DAIS S7'lilS Determine desired 6/30/87 local accompanying improvements Determine/Budget 8/28/87 for local share Review final plans 19/30/87 Commence construction 5/1/87 Adoption of 9/1/87 MCWD plan reviewed by staff Minnehaha Creek suggestions submitted 5/27/87 Water Shed Plan McwD meeting 7/22/87 to review by MkCD changes Develop schedule for 11/1/87 Orono's plan Complete needs assessmmnt 8/87 Project feasibility 11/87 Determine assessment area 12/87 interest If N!Rrcpriate Project oansideration 2/88 - Project bid 4/88 - COONnce project 6/98 - Ass,ess project 8/88 or 8/8`4 - Caplote project 6/89 ARP41 GOPkL AREA (WHc 'IVFS TATM S R7W 2. Environmental Protection (font.) Crystal Bay Finalize project 7/87 Project close out tabled to 6/8i 87 Wayne appeal settled 5/ 29, 8? Closed out 6/8/87 3. Orga,d zational Development 1988 Council Goal Setting Commence 7.'87 Complete 10/87 1988 Budget Process Assessment Board of Review 5-6/87 Completed 5/13;'87 Budget process education 6-7/87 Set for 7/9/87 13LAget Adoption 9/28/87 1988 Legislative Program -C7mplf.te 12/87 187 SM Complete liquor sale - final payment 6/30/87 Sale closing completed 6,1,'87 Completed final seller transaction 6-111 6/15/81 Final price UPS statement/Bcnus 187 S) Increase Influence/Cooperation Determine areas for 5/87 Graft cent to Council with other governmental units cooperation/influence 6 " 7/13/87 i mpr cuement :determine goals in areas of 6.'87 common concern Reevaluate use of outline of current 7/87 Plaming Commission Commission responsibilities Proposals for any 8/87 increased .:sage Ann GOAL AM 4. Service Delivery 187 S70 Facilities Study (1-6/87) '87 SM UM Range Financial policy (5/87) 5. Hunan Resources 6. Marketing Golf Course Animal Control Appointment of consultant for space study Completion of space study Determination of next steps in process Draft policy to Council Council adoption Development of business strategy Evaluate program Compensation Comparable wrth adjustments Development - performance Based Py system Ca orunity Information/ Mayor's Articles Newsletter Evaluation of system S/87 Tabled to 6/22/87 Tabled to 7/13/87 9/87 19/87 6/87 7/87 7/87 a/V7 4/87 Initiated CSO program to handle 19/87 19/87 ongoing 9/87 TO: From: Date: Mark E. Bernhardson, City Administrator John R. Gerhardson, Public Works Coordinator July 1, 1987 Subject: Dittrich Property - Torrensing Attachment A - Maps of Area - 2377 Shadywood Road Marcel Dittrich, 2377 Shadywood Road, began a torrensing action on his property quite some time ago. Because part of Mr. Dittrich's property extends into the Navarre Parking Lot, the City of Orono became involved to protect its interest of the parking lot. In approximately 1964 the City of Orono constructed the Navarre Parking Lot and at that time purchased a portion and leased a portion of Dittrich's property. The City entered into a ten year lease with Dittrich, which lease expired in 1974. There is no information available to indicate why the lease was allowed to expire, however, the City has continued to use the property. Initially, it was agreed upon by both parties that the City would have a :purvey of the entire property. Mr. Dittrich would determine how much of the paved area he would need for his parking and the City would received the balance with no monies exchanging hands. Through several phone conversations and meetings with Mr. Dittrich, William Koenig his attorney and our legal staff, the matter was close to resolution in January 1987. However, because there were several clouds in the title and the fact that the City became involved, Mr. P.itt.rich's legal fees have become more than he expected and he is now requesting compensation for that area that the City will retain. Mr. Dittrick is requesting $3,000.00 for the property. We have not performed a formal appraisal but have been informed by a reliable source that it is not unreasonable to pay $2.00 to 3.00 per square foot for this type of property. We will be receiving 2,500 square feet of property. Because there are concerns regarding this matter that should not be public at this time, I present this information to be discussed in executive session. TO: Mayor Grabek and Orono Council Members Pram: Mark E. Bernhardson, City Administrator Forwarded recommending discussing in executive session as Lt relates to a proposed sale of land. rt� ►asf lint of L.F5, dl�rIL Tiwn�ita of L49 f M+6�A .• cwrremilf b — •T.�rndle of t...y6.nR.tt . / 414-1 Certificate of Survey for The City of Orono to Lot 5, Block 3, Townsite of Langdon Park Hennepin County, Minnesota 11 i/ AKEA-C I TY IS TkVIAlb 7o ACQulej \`AREA A(du1RED IN 1964 1 hereby certify that this is a true and correct representation of a survey ;;f the boundaries of the following described property: That part of Lot 5, Block 3, lownsite of Langdon Park, described as follows: Commencing at a point on .he West line of said Lot 5 distant 182.70 feet North from the Southwest corner of said Lot 5; thence on an assumed bearing of North along said West line Ci4.16 feet; thence forth 71 degrees 30 minutes East, 44.88 feet to the actual p.)int of beginning; thence continuing North 71 degrees 30 minutes East tj the Westerly line of HENNEPIN COUNTY STATE AID HIGHWAY NO.19, PLAT 50; thence Southeasterly alonS said Me5terly line to its intersection with a line bearing North 74 degrees 74 minutes East from the point of commencement; thence South 74 degrees 24 minutes West to a point 82.00 feet Easterly along said line from the point of commencement. thence northwesterly to the actual point ofbeg►nning; subject to an easement for utility purposes over the southwesterly 12 feet of the above described pra�.•rty. and of the location of all existing buildings, if any, thereon. it does not porpor' to show any other improvements or encroachments. /COOOFFFIN 8 GR�ONBE�RG,INC. M 'onDerj n'AM .No. 17M Scale: 1 inch = 40 feet Gordon R. Coffin MN. Lic. No. 6064 Date February 24, 1987,;".,, Engineers, Land Surveyors, Planners 0 Iron marker Long Lake, Minnesota Q 0 LIST OF LICENSES FOR COUNCIL !APPRQ�/AL; r ; c r F ij+d�j FOR MEETING OF July 13, 1987 T SEPTIC INSTALLERS LICENSE - Ingleside Engineering & Const., Inc. 4920 Highway 55, Rockford, MN 55373 PARADES & SPECIAL EVENTS - Corn Days - Four Mile Location - Willow Drive, Brown Road, Orchard Lane SOLITORS LICENSE - Fabian Seafood Location - 2120 Wayzata Boulevard Green Peace, USA, Inc. 800 Washington Avenue SE Minneapolis, MN 55414 G.ITy ORONO Address: .::.�;itt 1. o. l,ux �(, of Ciystel Day, M!: l 55323 Phone: 47)-7)57 LILE;11}YGA'J'�rw�v" All questions must be answered. Licen:;e fee, bond,, certificate of insurance, and evidence of MPCA Certification or I'' Suwageirea - ment Workshop attendance must accompany this appli at -inn "I cations are subject to a ten (10) day approval period. 1. Business or trade name Ingleside Engineering & Const., Inc. 27355 2. Business address 4920 Hwy 55 rwokford, :!inn. 55373 3. Business phone 612 479 1869 Residence phone 4. Name of applicant or company representative holding MPCA certifi- cation Brian Van Beusekom 5. Type of certification held: ° Installer Pumper FINANCE OFF. Site evaluator System designer 131:500000 Is this a Provisional Certif icate? ;io CERTIFICATE NO. 1 01 EI ; 6. If no Certificate is held, provide evidence of attendance at one of the On -Site Sewage Treatment Workshops held immediately prior to the current construction season. 7. Have you ever held a Septic System Installer license in Orono before? yes Most recent year 86 8. Have you ever had a license revoked? I+o When? Where? SUBMITTALS REQUIRED: �1. $25.00 license application fee. �2. $2,000.00 license and permit bond naming City of Orono as / obligee. The State Plumbers Bond will not be accepted. V/`3. $10-50-100,000 minimum Certificate of Insurance. ./ 4. Copy of current MPCA Certificate or evidence of attendance at OV On -Site Sewage Treatment Workshop held immediately prior to current construction season. LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED. List persons other than applicant who are authorized by you to apply for permits ender your license horn by Van i3duieknm Ben David The undersigned hereby wakes application to the City of Orono, Minnesota, for license to install and repair septic systems, and/or pump out septic tanks, sub)ect to the laws of the State of Minnesota and the Ordinances of the City of Orono. Date July- 10 87 Applicants signatureZ-.:� % L Staff reews.endatlon Approval: X Denial : Date:� M"V �� lJ� Mahn for denial: �' City Council Action Date: ApproveJ: Denieda ------��— OFFICE USE ONLY Date license wasted G'7106 �';q r APPLICATION tt ii � PARADES and SPECIAL EVENTS AIN24W7 i CITY of ORONO, MINNESOTA 55 3 Date: ! 19 ,pplication Number Name Address S 7-9L S—, -'c Location of Parade or Event Om+�p4i-� Name of Persons and/or Organizations Handling the Event M,wNE5c'TA DkS-,-PNk* P(-JLbaN[&-& l 3Q anItQO -- Phone Numbers Date of Event, 19 1 Hours of Event Reason or Purpose C'11 P�:�7�J� Y` �N,r:� k�T Insurance Coverage Amount Company Copy of Insurance Certificates to be Submitted with this Application. I am aware of all applicable State and other laws regarding Parades and Special Events an3 will abide by same. I also agree to hold the City of Orono harmless from all liabilities that may arise directly or indirectly from the Parade or Special Event approved by the granting of this Fee: $25.00 i ature of li r,t Fee Paid: (; Date: � 19 Check Cash Initia?s Office Use Only: RECOMMFD D: Yes No Public fety Director Approved: Yes —. No Clerk -Administrator Remarks CITY of ORONO Poet Office Box 660Crystal Stay, Minnesota 5532.39Municipal Offices On the North Shore of Lake Minnetonka DATA PRIVACY ADVISORY In accordance with M.S. 15.165, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential inform- ation. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or fEderal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license reqires council action to approve, some information may become public. 5. You have certian rights under M.S. 15.10'5 to review private data on yourself. 6. Your full name, and date of birth are required to process this application or permit. rst -Mid le Address ,yl - ` q Date of birtF "Ds o�os Phone I understand my ri(3hts a stat_ZM,above. X ature 735957 Ar(t 17J-7SR PUBLIC WORKS - �73ISTRTIKUILDINGt Z7NNG - 113 7AUM1VAON ! FIN AYI2111ING o�c1� PRODUCER 44SQ/A-16 MAH:tk Mamh & McLennan, Inc. P. 0. Box 82 Indianapolis, Indiana 46206 INSURED The Athletics Congress/USA MINNESOTA TAC/USA Assn. Sanctioned Events and Member Clubs 154 Juniper Lane Apple Valley, MN 55124 ISSUE UAIE 1': M;UU,YYI 6-19-87 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPALETTER NY A UNIGARD Indemnity Company COMPANY 0 LETTER COMPANY C LETTER COMPANY p LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THF. POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. LIABILITY LIMITS IN THOUSANDS TYPE Of INSURANCE nOL �'� NUMBERWXcy 061-'rvT •.*qI �•, E MM:OIi YY r ..a EIU uHpE VCE AGGREGATE GENERAL LIABILITY KK 8001L � COMPREHENSIVE FORM I NIUHv 4 — $ PRE'ASESIOPFRATIONS UNDERGROUND EXPLOSION A COLLAPSE HAZARD A PRODUCTS,COMPLETED OPERA10!.S CL 501929 CO'+TRACTUAL INDEPENDFNT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY AUTOMOBILE LIABILITY ANY AUTO ALL IYWNED AUTOS IPRIV PASS I l ALL OWNED AUTOS (O'TRNRPASS THA%l HIRED AUTOS NON OV.NFO 4UTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM X OTHFR THA!I UMBRELLA FORM WORKEM' COMINNSATION ANO 4/15/87 s Legal Liability CL 501930 4/15/87 PpOPE A Tr Z)AMAGE $ 4/15/88 SIAV� �nMe�tiF :� $ 250 $ N/A _—L r-ERSONAL INJURY $ xo +4• fp0. • PROPERTY AMAf,E $ 8,1PD COMS,%EO $ 4/15/88 &cL ep ONED $ 750 $ 750 S'ATUTOP, $ EACH ACCIDENT) EMKOVEM' UAL. I $ - -` �DISFASE POLICY LIMA jl $ DISEASE EACH EMPLOYEE; )THOR cy -CE - 1979 &-CL501930 = Lotal' limit of liability �1 .OD(1,OUItj tificate holder is af P,)f IONAL INURED to the extent that the Named Inw�red is igated by virtue of j w:.L ,en L mt to provide insurarice such as *.'worded by this L x,)N I min Bx �rswuewwwx*.xw%*x pE.l icy, but only wi'.� respect to o nations by or behalf of the Named Insured or to facilities of or used by Lhe Named Insu.-:-%1-. ction $:87CAS34 Date of E_vent:8-8-1987 Nw- of Event: CORN DAYS FOUR M', VILLAGE OF OROT'0, MINNESOTA 2 Mr. Rick Rr 1111 SOL , 3treet 020 Minneapoi&o. -IN 55415 SINIULD ANY O1 THE A!lOVE UESI.RIBED POLICIES BE A14CELLED BEfORE THE Ell- PIAATIjb CATE THEREOF, THE ISSUING CUMPa11Y WELL ENDEAVOR TO MAIL lUDAYS WRITTEN NOTICE TO THE CF.RTIFI.&'l HOLDER NAMO TO THE IEFT• BUT FAIL URE TO MAIL SUCH NOT ICE SHALL IMIFKI010 -q OGLWTKIMI OR LIABLM I )IF ANY KIND UPON THE COMPANY AGENTS O!' '�F %A1RIE0. ----- AUIHORIZED REPRESFNTATIVL 11.1 I-'( . _,, . - _ / -- - 1.i ceiisc NC). APPLICATION FOR SOLICITATION - $20.00 1cc Date Received 7-6-L 7_ Date Expires CITY OF ORONO 1335 BROWN ROAD SOUTH BOX 66 CRYSTAL BAY, MN 55323 Organization: Address: r,:1 �'J • GrJG ✓F•sTrir � 'l ?s 5 L Representative: /'l�,Rf GZ►j Address: U06 AV"UIE p 64LVE5Td1) TY, Phone Phone 404 - 762- 902Z 7 Y OF OWCheck One: Business Solicitation Contribution SolicitaR E-0 Number of People Solicitating within the City 13119000LV 10.00 # Provide list of Names of Solicitors on back of this applicatiw TL 11:10.00 -�-aCEIPT-TNQ`9-* YOU Type of Product to be solicited Ffl' �, %%Gif?�^: �L� f �' I-WS400 CODl T11:35 ;A, 06,187 PERMIT EXPIRES 60 DAYS FROM APPROVAL DATE. POLICE CHIEF SHALL HAVE FIVE (5) BUSINESS DAYS IN WHICH TO INVESTIGATE AND MAKE A RECOMMENDATION PURSUANT TO ORONO MUNICIPAL CODE SECTION 5.30 SUBD 5(a). -------------------------------------------------------------------------- ORONO MUNICIPAL CODE REGULATIONS ON SOLICITORS Subd. 3. Prohibited Solicitation Practices. A. It is unlawful for any solicitor to engage in solicitation for any unlawful business er organizational purpose or activity. B. It is unlawful for a;!y solicitor to practice harassment, nuisance, theft, deceit, or menacing, troublesome or otherwise unlawful activities during the course of solicitation. C. It is unlawful for any solicitor to enter, or attempt to gain entrance, to residential premises displaying at such entrance a sign with the words "Peddlers anG 3-.1icitors Prohibited" or "Solicitors Prohibited". D. It is unlawful for any solicitor to refuse to leave business premiseswhen requested by the owner, leasee, or person in charge thereof. E. It is unlawful for any person to engage in contribution solicitation without completion of licensing or registration as herein provided. F. It is unlawful for any person to engage in business solicitation without a license as herein provided. -------------------------------------------------------------------------- The undersigned hereby agrees to the conditions quoted above from the Orono Municipal Code and any additional requirements the City staff (�may , have. Signature of Applicant: 1. Dates MY] �� uu-- ------------------------------ FOR CM USE ONLY: After review o application, staff recommends the following: _-V Approval of application Denial of application Signature of City Official: _ Date: _ Signature ----------------------------------------------------------------- of Police Chief: 'I-7i cf �' )G-AAL Date: �l �7 ------- NAMES OF SOLICITORS Name :, `f',C'/f'r I Address: Phone: License No. Or- Name: AMA C7J&*J Address: Phone: 2 -SO22. License No. Name: LFN^✓ i r CC N'L Address: 417/' C ie'C�•��Tt Phone: y •���: �� :; License No. r y2- - ti 07--,')t /', : N "^ 'C' n LTfJ Name: Address: Phone: _ License No. Name: Address: Phone: License No. Name: Address.. Phone: License No. (If additional names, please attach list) ciao w�,�,��. ae..j I CITY of ORONO Post Office Box 66•Crystal Bay, Minnesota W23•Municipal Offices On the North Shore of Lake Minnetonka DATA PRIVACY ADVISORY In accordance with M.S. 15.165, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential inform- ation. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license regires council action to approve, some information may become public. 5. You have certian rights under M.S. 15.165 to review private data on yovrseif. 6. Your full. name, and date of birth are required to process this application or permit. FORA ANNFr st Middle 2Zn& AYWUE. P Last A Gress iALJESTDN TO(At? .ZZy _. 15-ta -`A Date of birth 40 -162- BoZZ Phone I understand my rights as stated above. x L A Signature BUILDING• ZONING - 473.7357 • ADMINISTRATION • FINANCE. - 473.7338 • PUBLIC WORKS - 473.7359 ASSESSING Li cen:,(� No. AI'1'LICA'11ION FOR SOLICITATION - $20.00 fee CITY OF ORONO 1335 BROWN ROAD SOUTH BOX 66 CRYSTAL BAY, MN 55323 Organization: (. / r'�', Address: Y, �, •� _,.., �, f'� r t Representative: Address: t)a t c Rece i ve(3 % - Ce 1)a I c Expi re - --� Phone ' Phone Check One: Business Solicitation Contribution Solicitation Number of People Solicitatiog within the City Provide list of Names of Solicitors on back of this application. ' Type of Product to be solicited i PERMIT EXPIRES 60 DAYS FROM APPROVAL DATE. POLICE CHIEF SHALL HAVE FIVE (5) BUSINESS DAYS IN WHICH TO INVESTIGATE AND MAKE A RECOMMENDATION PURSUANT TO OR0140 MUNICIPAL CODE SECTION 5.30 SUBD 5(a). --------------------------------------------------------------------------- ORONO MUNICIPAL CODE REGULATIONS ON SOLICITORS Subd. 3. Prohibited Solicitation Practices. A. It is unlawful for any solicitor to engage in solicitation fc.- any unlawful business or organizational purpose or activity. B. It is unlawful for any solicitor to practice harassment-, nui:;an:e, theft, deceit, or menacing, troublesome or otherwise unlawful activities during the course of solicitation. C. It is unlawful for any solicitor to enter, or attempt to gain entrance, to re- lential premises displaying at such entrance a sign with the words "Peddlers an(. Solicitors Prohibited" or "Solicitors Prohibited". D It is unlawful for any solicitor to refuse to leave business premises when requested by the owner, lessee, or person in charge thereof. E. It is unlawful for any person to engage in contribution solicitation without completion of licensing or registration as herein provided. F. It is unlawful for any person to engage in business solicitation without a license as herein provided. --------------------------------------- ----------------------------------- The undersigned hereby agrees to the conditions quoted ebove frorn the Orono Municipal Code and any additional requirements the City �;.,;.f may have. Signature of Applicant: Date: - - - .- - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ..-- - - FOR CITY USE ONLY: After review of application, staff recommends the following: �! Approval of application Denial of application Signature of City Official: Date: NAMES OF SOLICITORS Name: Name: Address: Address: Phone: Phone: _ License No. License No. Name: Name: Address: Address: Phone: Phone: License No. License No. Name: Name: Address: _ Address: Phone: Phone: License No. License No. Name: Name: Address: _ Address: Phone: Phone: _ License No. License No. Name: Name: Address: _ Address. Phone: Phone: License No. License No. (If additional names, please attach list) 1s1 10;10 1I: T Tl T003 0EFF0011 (70A .VWHl-ldI3,M 00'Oj u HSd,7 00M35 TO M 000004f Tt T 33IBO 3,?h'V NI.1 INYC80 30 Al I J E "00 WASHINGTUN AVE. S.E. NI1NHi:AVULiS, b91NNESOTA A C� I 55414 --- 612-378-3768 TO: OILVNv FROM :Greenpeace RE: Door to Door Canvass Dear Greenpeace is an international environmental organization with an office in Minneapolis. As a registered 501c(3) non-profit organization. we depend almost exclusively on individual citizen contributions to fund our programs and campaigns ranging from the protection of endangered species to halting toxic waste dumping and nuclear arms testing world-wide. Greenpeace is incorporated in California with national headquarters in Wash- ington. D.C. Relevant officers are: Peter Bahouth-Chairman of the Board Truly Webb -Corporate Secretary Steven Sawyer -Executive Director National offices are at 1611 Connecticut Ave. N.W.,Washington,D.C. One way in which we meet our finding needs is by discussing our issues with the public,identifying supporters,and raising contributions throughout the United States.including the seven county metropolitan area. For Supreme Court decisions regarding the constitutional right to canvass please refer to court case no.78-1335 Citizens for a Better Environment vs Village of Schaumburg, and court case no.80 C 0756 Citizens for a Better Environment vs. Village of Olympia Fields. Gree p-e ce is interested in conducting a canvass in your community fromL to - � . We normally conduct our canvass from 5:00 to 9:00 FN on week- days and 1:00 to 5:00 PNI on Saturday. All of our canvassers are instructed to refrain from going to houses with NO SOLICITING signs and to leave prem- ises immediately when requested. Find enclosed relevant information about Greenpeace's charitable organization status and a list of staff people to expedite the registration procedure. Sincerely, �- A.ndrej M. Slobodien Director Enclosure A5 /s s LiOSfOtJ • I IONOLULU • JACKSONVILLE III I 1 "" t''`IJCISCO • SEATTLE • WASHIN(iV't' Internal Revenue Service District Director Data APR 2 8 1981 t, Greenpeace U.S.A. Incorporated c/o Douglas Faulkner :007 "R" Street N.W. Washington, D.C. 20009 Gentlemen: Department of the Treasury 1A:E0:8106 `1Q our t.ettw Data& January 8, 1979 Nvson to contact W. E. Pure Contact lrtlephonehlumber. (213) 683-5787 This modifies our letter of the above date in which we stated that you would by treated as an organization which is not a private foundation until the expiration of your advance ruling period. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the internal Revenue Code, because you are an organization of the type described in section 509(a)(1)* Your exempt status under section 501(c)(3) of the code is still in effect. Grantors and contributors may rely on this determination until the Internal Revenue Service publishes notice to the contrary. However. a grantor or a contributor may not rely on this determination if he or she was in part responsible for. or was aware of, the act or failure to act that resulted in your loss of section 509(a)(1)* status. or acquired knowleige that the Internal Revenue Service had given notice that you would be removed from classification as a section 0 a111)* _ organization. Pec ,use t :s letter could help resolve any OL'?= _ions about your przv3:e foundation status, please keep it in yo;:r permanent records. if you have any questions. please contact tree person whose name and telet)hone r.::ooer are shown above. Sincerely yours. 7:4,4. ct"E�' Dis,rict Director *and section 170(b)(1)(A)(vi) P.O. Son 2350. Lot Angeles, Calif. 90053 Letter 1050 (DO) (7-77) ) fear • jt►s/a :eme es /HIIRtY1aM�Yfrom Ifaoeatr hleM . it pe1lr.hlN aft Inatru:l.un. On Date a) lREENPEACE U.S.A. INCORPORATED -,-- 2 Italia ",me. tl any ([Nat Mane under •rhldl pvatfru 1! a:ae•ale1C 11 d•narlht 1•otn hem 11 i ilsrr tatl/,d MlftAf, /'YIs ere/'H/ • Aderaas Cot p"ftc.pal piece of tlusttwo {Number a..d strew! End.nC month of •ccounl.nt ,••r 2tS Fai rvIew 11azamber _ i Gdj and State ) 21n coot S Covnty o' bus -nets lo:•t,on Laguna Beach, Callfornla 192651 Orange County • type el o•tan.;at,on andl,rloual l Pannrtn,p LJ Other uoruly) 10 Dat• Va. rouord or a'ane2 •• s D Cora rnman:al IaDh,rofll O•tans:alron col por of Ouarn_f-at`(Mo../earl'1,tt 2 1 L17&_ tits If all M star► �) (SH ball as Olas at �L LL7--.L � _]November _ )) Afiscn for apply li y.•st Clair you pu•d or ..If pay -acts for this Dua.neta IMO.. pay y!a•) q1 Stanad now 0 IatlrChasell r1 Other 1Iad pus.ness J dual -rat to•nt ,..,fill,+ )3 halu•a e1 D.s.n•ss (Sao Instru:l.One on pate a) _Undeiecminalil If Do you one,&:* molt tl.an one Dla:f of ous.ne:s• r"1 tea -7 No It _r r_%arvar Inn and envi ronmmatal prpsrr31.10 _ u ,. bras num De• O• en, Dloyfla fl nf•C1fo .n hMa rrCVll V•11 A ,.:Un ur al •'Q..) , l; 1•Uut en .IV It Ir n3 t... c C., Ir.'\.ne\t ,s t•'a .'J:Saar• rnr O."t n •":•Gist• yn.lu Ct •�� ,a- too*. me :i anln{ 111 non, fnlf► ► F I Ve I i n r1e1.411 .r It ..non, cc y:u tell most Of your products er lie hr:aaa (1ws•ness ii (.moral •i OfftC• �-• fsU oar N••*f ntt l— pubho: ?N �•D�r,ral ►dot aca 1 i cab 1 e ]Y Na., you •.a, appbed lot an loenhh:al.o• nurw. Da lot 111.6 of any ether bushes&? 0 t'•e (7 Ne N -lea." onto, name and trade namt (J any1. ► ••\4 1n11• Ir'.a aDproa.malr pale. cdy, and Stale .n1,. you 01. aDo1.•o and previous numost If r no-n Lme &j`l3%uf• lino title r.•� tf.epnone nurnovr t 1 1 /20/78 I Q�-�t �'• 1 �+^+-- t i r-L'c.♦Dr' 415 474-6767 _ Ind. o. Cult Sv. Nests. to, tpol ♦ 1 E r case leave Worth ► I GeI I I I I P31 ` F • r } .laws �wr��a�aaefa.rrta.a.��r �..w+� .� •••�, 1st,/7 Qil .r�i>; A c e)0rMt=rV Internal Revenue Service I Date of This Nonce Ng2R2?49 It you inquire about 01-19-79 a' vouraccount. pie ase Employer Identification Hunter refer to this number or attach a 5.3 3131 ? 5 5T'.T copy of thisnotic• 295 F1^CIE.; L4bj;44 LAEA-CH CA ?2t51 515 d 015555555 15555555 M NOTICE OF NEW EMPLOYER IDENTIFICATION NUMBER ASSIGNED Thank you for your application for an employer identification number. The n• ber above has been assigned to you. We will use It to identify your business tax returns and any other re- lated documents, even if you have no employees. Please keep this number in your permanent records. Use the number and your name, ex actly as shown above, on all Federal tax forms that require this information, and refer to the num ber in all tax payments and in tax -related correspond4nce or documents. You may wish to mak a record of the number for reference in case this notice is lost or destroyed. 1 * We appreciate your cooperation. Dear Applicant: Addr#,r.s any rrniy in: �P 0.. non 236Q0. Lion Argwn, Gi11. 0W 5� �wn� &v- U WJ (W " U lu �iS�1�.17JgV LA: FA: 79 E> ED kqu l4 Loa�®QoQ Internal Revenue service Di1• 1n r•ry r.ww r: J. Jones JAN q 1g79 I L-391, CodeXKMWr-2:C.l Determination Section (213) 688-4553 Greenpeace U.S.A. Incorporated 295 Fairview Laguna Beach, California 92651 Amewana r-r i-I Er"" T. December 31 form V-0 bi Vas 0 No Advencst Ruin, rt-t" Er..A-1: DecetLber 31 • 1980 Based on the information nupplied, and &sousing your operations will be as stated in your application for recognition of exemption, we have determined you are exempt frost Fedoral income tax under section 501(0)(3) of the Internal Revunuo Code. Because you are a newly crented organization, we are not now making a final determination of your ' - dation status under section d09(a) Of the Code. However, we have d 5d that you can reasonably be expected to be a public1 sup; rKRnization of the type described in section 70 D A vi) u 1)(1). Accordingly, you will be t► organization. and not as a privy period. This advance ruling period and ends on the date shown above. as a publicly supported andatior;, during an advance ruling uogino on the date of your inception Within 90 days after the -nd of }-our P.dvance ruling period, you oust submit to us information need:d to determine whether you have ■et the requirements of the applicable rupport test during the advance ruling period. If you eetabliuh that you have been a publicly supported organization, you will be classified as a section 509(a)(1) or W9(a)(2) organization so long as you continue to ceet the requirements of the applicable support test. If, hos.,ver, you do ^t most the puGlic support ►•equlrements during the advance ruling pefir you will be classified as a private foundation for future periods. Also, in the event you are classified as a private foundation, you will be treated as a private foundation from the date of your inception for purposes of sections 507(d) and 4940 Crantore and donors may rNly on the deteraination that you are not a private foundation until 90 dayn after the and of your advance ruling period. In addition. it you mti!,ri 'he required info►ustioO %0 ',in the 90 days, grantors anti donors may continue to rely on the advance dotormiiintion until the "A-:vico makes a final determination of your fov:dation status Huwuvur, is notice that you will no longer be treated .is a section 17'.:W(j)(A)(v0urEinization is p-blished +n the luternal ".©venue Bulletin, Prnntera and donors may not rely on this determination after the dato of :,uch publication Also, a grantor or donor may not rely on this determination if he was in part responsible for, or was aware of. the act or failure to act that resulted in your loss of section 170(bM)(A)(Vi)titatuti, cr acquired knowledge that the li,tornal Revenue Service had given notice that you would be removed from classification as a section 170(b)ll)(. rvi)Drganization. Donors may deduct contributions to you as provided in section 170 of the Code. be rests, legacies, divisor, transfers, or gifts to you or for your use are deductible for Vuderal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code You are not liable for social security (FICA) taxes unless you file a waiver of exemption certificate as provided in the Federal Insurance Contributions Act You are not liable for the taxes imposed under the Federal Unemployment Tax Act (FUTAI. Organizations that are not private foundations are not subject to the excise taxes under Chaptor 42 of the Lode. However, you are not utomatically exempt from other Federal excise taxes. If you have any uestions concerning these taxes, p_oacio let us know. If your eources of support. or your purposes, character, or method of operation changed, you should lot us know no we can consider the Nffect of the change on your 9tatug. Alru. you should inform ua of ell changas in your name or address. If the yes box at the top of thin letter is checked you are required to file Form 990, Return of Organization Exempt From Inoome Tax. only if your gross receipts each year are normally more than $10,004. m(r,KXM The return is due by tho 15th Jay of the fifth month after the and of your annuai accounting, l.cri, 1 Thu 1,1w 1cp0ses a penalty of $10 a day. up •i a maximum of $5.000. for failure to file the return on time You are not required to file Federal income tax returns unless you .ire subject to the tax on unrclatca business income under section 511 of the Code If you are subject to this tax. you must file an income tax return on Form 990—T In this letter we are not determining whether any of your present or propv3ed activities are unrelated trade or busir,e©s as defined in section 513 of the Code You need an employer identification number even if you have no employees If an employer identification runber was not entered on your application a number ».11 b, assigned to you and you will be idvlsod of it Plu.,.s use• tt-, t nua.Gur on all returns you filo and in III correypu: Jdn�-r+ aith the Ii-terrial Rovonue Service c1 Sincernly your&, STATE OF MINNESOTA DEPARI ME1 % OF COMMERCE ST. PAUL 55101 OFF:CE OF THE COMMISSIONER June 25, 1985 Randy Jones 607 Washington Avenue Minneapolis, Minnesota 55415 Re: Greenpeace U..;.A., Inc. Dear Mr. Jones: Sao METRO SIXARE BULDir4 ST. PAL l.. MN 55" ,'Iiis le to inform you that the abcve-referenced organ-.? tt ion is .•egiste: - J w i the Department of Commerce under Min: Sta,. Chap - §s,9.,0 - 309.61 (1980); the Minnesota Ch_ '-.able Solicitati. Act: The registration is not '.,: be 'nterpreteJ as a statement of approval of the nrgan'TAt-un's management and progra:,. activities by the r,4:n ' ; • tier of Commerce or ry the State of Minne—ta. Alio, remember that the ai+nual -eport and financial >,tement at Auer ..ithin six months of your accounting year en• "e wi send the forms upon request. Very truly your.>, M'ICHAEL A. HATCH Connissioner of Cow erce BS 'I NESSA B-,.. RY 'har4 t' LAaminer t61P; , ,-63z4 P'..A:V_ -CL AN 10 AL OMORT(/ "Y EMPLOYER state- &fiforniCaa OWCE OF THE SECRETARY OF STATE CERTIFw..k*rE OF STATT IS 1. \( WCi i l O\(; VU, See;ret•iry of State t)f the State of California, hereby certify: llu:t ort f 20th day ref November 19 78 ' MEENPEAC:. U.i. I ` t,'Q_RP-0RA 1 En N-cu►rle ine, . pi)ruted wider the lairs ,f flit, eta ofCalifornie by firing its .Irtic•les of In- rewpomtion in this off we; and Thtct no rc,wrd evists in this off ice of a e crtifirate,rf dissolution of suit! corporation nor Of a, ourt order declaroig dissolution 0wre-of, nor of a ►neruer or con.solida(ion which ter- nti►l..ted it.s oxiste►lce; arid That .iaid vorporution's rr. -vorcltc ers, rig/its and pri-ileges are not suspended on the ,rds of this office: a,, hat al:cwrding to t ; of roes ��f f :� c�, the a d corporation is authori--ed to exer- r ict: all its corporate pw lits anti pric•.le ge.s ant" is in got It-gal.staneling in the Stage of California.and I'llat tit) inforvwtiwi is arailabb, t+e t'iis office in the financial condition, business ac- ttrityorprartiewsofthisc•orport. [�jr-h-r :errify that said corporation was or,lanizei ier the nv..i•cvfit Pojbl1 Benefit ..aw. 1 % 11 Il IIEREOV l cxcr. ; , tills cr aIt( u( rA ►lle� (:re .t . ill nl l/ate o ( aliftirnia tIlls day o f llth Mar-' 1987 n 1 CL' \ n C l�C,�"' �V �ib•(� CA�.iU Ak, ( 5 i L�sS ��2 � ���ecX3AAr Ate'-Sa tIVIS,M:� r��y �%U'�lb2. r y l% l l tL- tl CLI rA M�J. S5YO2 33r 11-7.3 -1 /; J\A�1 S, MtJ, S, `/I'q Pku,,P) SS�y�,'83-Si /(Ah2 JNA PIS �- �`i2� �� `� (use .5�., , .tit �e{� � ,Tz Ger�.�c� � cS (� =-` s-� - Sc �3 �MA� s, 1►�i ti. S"s`t ��� 3 � y -- Ibsy .?-�2-G,j 2Io N,jt SAue 6RA&)O6� .�7c� �.l,ls b.:cy �,�e S�, ;v�plS� Mom, Ss`tuy key-is9j. )A\J•0 t, voA(4- GS'eQ-.N-\J► ld 1( 3v ;�-A.++n.Qs laic), pL#- iN►Dts, r1N S!Ol1 SAS -$3by j -1Z-GY A2-so,.) sm Gevr$e, 71&- rJu. PAP(S,t+v.55411 S.N-11425- .cI- �—.L�, Ailt) RC--..�ue,:,Sr .2-?Lc P.jtt,6.;ry 5.;. Mjols) MAj. ss'vo/ S,79-t59L 7:1-57 sal Sc `J U� 54--, 3-.Z i 5y- L y AJ & �.��sf�:l �;,2.�.1,„ N.�uO�.�.t�►�JS��L 27t( 0,>PciS .S,- D * A - yoo- v& l-tte- %Z S,-•. JZA S, N...k SS4cy� M N S) M.-J. 37S1 N 3 33 -5-51S 12 -11- W k.>,c sy. NOk5, t-Vj. Ssy�� ��-�-q�� (Js% 0. L jDt N - L I'I -cq�- SE y - lyll lye plS, '", S}'`Ic, r Ssi 72-5-4 i , (:: -3)-It i �CZ.tit^� uEG���a C �42. �� gP�tLATItL U) S Q, 113� 1 �-! �'' v�v e. ;C ev+ A t S , ,nn AJ —54 � cJ � 331- 5".2 1 o -.2 (C.A ae&J P"'TE/L.- 2223 plea-5,A -r' r'\Je Su." AA pIS) MAV . I F170 S-)6Z ) g-3-to7 *Z /v�,�ls,1�t�= S�=l y 33l - �YvY !O -Q- T s l.gti�- , IAasz-� a�G , M sso33 "tealsy 6-/-G7 A,1* 5—t63- 6 0 7 — c > (o7-4Q, Pkeo-,io+r So. ,,"PLS, r+A-� <V101 3 G rP0,13 �emv� C�,.��i ASS G — -?3 'C3 TY -5s l O Z. A- ss /Y1 e. I, s s 4 Itl,l,, 4. . .:I" July 8, 19 87 GreenPeace USA, Inc. 800 Washington Avenue SE Minneapolis, MN 55414 Sirs: City Of ORONO f",.i Oliltt Box lIt, • b.n. �i'rttt•.,.•.� � � _ • ��u•,sy�.,! lt:lnt On 0,1. Nnrrb Sbo►r of Lak,• tft,inrrn►tka Polies Departri-ivi It •t- ,-� . , �� Ali„„ I,rr., NIA. KILHQ Chid of Pulik In processing your application for solicitors permit, it :.s required that all persons soliciting in the Orono jurisdiction fill out the enclosed mental health check forms. Each person must print full Dame, date of bi-th, signature, and date the form and return them tc this department. Failure to follow this procedure may result in the non -issuance or revocation of your permit. Please return these forms as soon as possible. If you have any questions, feel free to call this office. Sincerely, Melvin Kilbo Chief of Police MK:sb 5�1. ,r i /'y'n'rti t 8rt j 1,��. ,. sae Go�,�rw .�• . i �.1�1, i ( �, •e �� '+l �V�4 � �t' ui � i . . . �. S 5.30 Subd. 4. Application. Applications for licensing or registration shall contain the name and address of the solicitor, the name and address of the business or organization for which solicitations are sought and such other information as may reasonably be required by the Council as a condition to registration or licensing or to permit investigation into the applicant's background and past solicitation practices. Subd. 5. ?nvestigation, Approval or Disapproval. A. All applications for licensing or registrat shall be immediately referred to the Chief of Police, and by him or other person acting in his stead, investigate as to the truth thereof, and as to any other factor which may result in a hazard or danger to persons or property. The Chief of Police shall have five (5) business days ti:Sthin which to investigate, -and make a recommendation thereon. �,�rer r"C I•''%r B. If he finds no past history of the applicant indicating violations similar to those declared unlawful in this Section, and if he finds that to grant the application is not likely to result in a hazard or danger to persons or property, he shall recommend issuing a license or approving registration, as the case may be, and the City Clerk shall forthwith advise the applicant. The City Clerk shall issue a license, upon payment of the fee therefor, to the approved applicant for business solicitation, and shall approve the completion of registration by the applicant for a contribution solicitor. C. If the Chief of Police finds a past history of the applicant indicting violations similar to those declared unlawful in t Section, or if he finds that to grant Lhe applica- tion is likel -o result in a hazard or danger to persons or property, he shad recommend denial of the license or registration. In all matters of recommended denial the applicant shall be forth- with advised thereof, and the application shall be referred to the Council and considered by it at its next regular or special meeting occurring more than ten (10) days thereafter. The applicant shall be afforded an opportunity to be heard at such meeting. Subd. 6. Duration of Contribution Solicitation hegistratior. Registration of contribution solicitation shall expire sixty (60) days after registration is apprnvPd. Source: 2ity Code Effective Date: 4-1-84 i"ections 5.31 through 5.34, inclusive, reserved for future expansion.) ORONO CC 121 (4.1-84) f 1987 CITY OF ORONO CHECK NO DATE AMOUNT •94009 07/08/87 948 00 948 00 . 194010 07/08/87 17 28 :94010 07/08/87 17 28 194010 07/08/87 17.26 194010 07/08/87 23 50 194010 07/08/87 17 28 194010 07/08/87 17.28 109.90 • c94027 07/08/87 60 00 19402!7 07/08/87 60.00 120.00 • ••.••• 194030 0"/08/87 13 SO 13.50 • 194031 07/0b/87 2 41 194031 07/08/87 15 68 194031 07/08/87 94 194031 07/08/87 :'_1.84 40 87 • •.•.•. 194034 07;08/87 33.46 194034 07/08/87 S.28 194034 07/06/87 3 52 194034 07/CS/87 40.88 194034 07/46 /87 126.81 194034 07/08/87 1.76 194034 07/08/87 S.29 C 217 00 • 194039 07 )8/87 66.65 66.65 • 194040 07/08/87 79.04 194040 OT/08/07 9.1118 E 194040 07/08/87 29.64 11s.s6 • 194053 07/08/87 375 00 t 375.00 • CHECK REGISTER VENDOR ITEM DESCRIPTION ALL STEEL PRODUCTS STREET MAINT SUPPL AT&T INFO SYSTEM AT&T INFO SYSTEM AT&T INFO SYSTEM AT&T INFO SYSTEM AT&T INFO SYSTEM AT&T INFO SYSTEM APPLE VALLEY AGENCY APPLE VALLEY AGENCY AT & T INFO SYSTEM AT 6 T COMM AT 6 T COMM AT 6 T COMM AT 6 T COMM ANCHOR PAPER ANCHOR PAPER ANCHOR PAPER ANCHOR PAPER ANCHOR PAPER ANCHOR PAPER ANCHOR PAPER DATA PROCESSING DATA PROCESSING DATA PROCESSINS DATA PROCESSING 4TA PROCESSING %TA PROCESSING NOTARY BOND -PP NOTARY BOND-CK TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE COPY PAPER COPY PAPER COPY PAPER COPY PAPER COPY PAPER COPY PAPER COPY PAPER El ANDERSON ASSC EQUIPMENT APACHE PAPER CO TOWELS APACHE PAPER CO TOWELS APACHE PAPER CO TOWELS BAKKE KOPP RALLOU ENGINEER 17-13-87 PAGE 1 ACCOUNT NO I14V 0 P 0 • MESSAGE 01-4233-249-42 1i •(•-('tics 01-4340-039-12 01-4340-OS9-14 01-4340-069-1S 01-4340-129-31 01-4340-174-33 01-4340-249-42 01-437S-039-12 0,-437S-039-12 74-4320-S90-93 01-4320-039-1 01-43?0-129-31 01-432U-174-33 01-4320-175-3` 01-4211-039-12 01-4210 CS9-14 01-4210-069-15 01-4210-129-31 01-4210-174-33 01-4210-249-42 74-4210-590-93 01-4232-129-31 01 -4231 -099- 1 7 73-4231-S69-92 74-4931-S96-93 01-4306-174-33 ..•-f_K - •.•-C),s 198- CITY OF ORONO • I DATE R 1941F•' 07/08/87 1941 07/08/87 194131 07/08/87 194131 07/08/57 •0•••s 194142 07/08/87 194142 07/08/87 194142 07/08/87 194142 07/08/87 194142 07/08/87 19414E OT/OB/87 194142 OY/O8/87 194142 07/08/87 • 194143 07/08/87 194143 07/06/67 • 194143 07/06/6T 194143 07/08/87 194143 OT/08/87 • 1T4143 07/08/67 1) 143 07/08/87 194143 07/08/87 • 194143 07/08/87 194143 07/OB/8T 194143 07/08/87 • • 194190 07/08/87 1l4202 07/08/87 194202 07/08/67 • 194203 07/00/87 • 1942S4 07/68/87 AMOUNT 28.00 •2 30 70 30 • 387.70 223 60 611 30 • 130.68 20.63 13 76 190.26 169.60 495.21 6.88 20 63 1,047 65 4 S-') 2 70 2,70 3 60 9 00 3 60 S.40 90 72 1.08 .90 3S.10 • 43.00 43.00 • 9.39 11 91 21.30 • G.59 6.59 • 212.98 CHECK REGISTER VENDOR ITEM "DESCRIPTION CONCEPT MICROFILM OFFICE SUPPLIES CONCEPT MICROFILM OTHER CONSUL, COMMERCIAL BLDG MN7 JANITORIAL SERV COMMERCIAL 8:_r; MNT JANITORIAL SERV COPY DUP PR INC COPIES MAY COPY DUP PP INC COPIES MAY COPY DUP PR INC COPIES MAY COPY DUP PR INC COPIES MAY COPY OUP PR IN: OFFICE SUPPLIES COPY DUP PR INC COPIES MAY COPY DUP PR INC COPIES MAY COPY D.P PR INC COPIES MAY COMMERCIAL LIFE INS LIFE INS J'_ COMMERCIAL LIFE INS LIFE INS JULY COMMERCIAL LIFE INS LIFE INS JULY COMMERCIAL LIFE INS LIFE INS JULY COMMERCIAL LIFE INS LIFE INS JULY COMMERCIAL LIFE INS LIFE INS JULY COMMERCIAL LIFE INS LIFE INS JULY COMMERCIAL LIFE INS LIFE INS JULY COMMERCIAL LIFE INS LIFE INS JULY COMMERCIAL LIFE INS LIFE INS JULY COMMERCIAL LIFE INS LIFE INS JULY EARL W DAY 6 SONS BLDG MAINT EMRICH BAKING CO EMRICH BAKING CO ERICKSON/KURT GENERAL REPAIR BY CONCESSIONS RESALE CONCESSIONS RESALE PHOTO$ EQUIPMENT 07-13-87 PAGE 2 ACCOUNT NO INV M P 0 • `lE°SAGE •*•-L"KS 01-4210-174-33 01-4306-174-33 01-4349-099-17 07-4349-129-31 01-4210-039-12 01-4210-059-14 01-4210-069-1S 01-4210-129-131 01-4210-1E9-31 01-4210-174-33 01-4E1G-249-42 74-4210-590-93 01-41SE-039-12 0 1 -4152- C69-15 01-4152-12'.-31 01-41S2-126-31 01-4152-129-31 01-415E-174-33 01-415E-249 42 01-4152-290-61 1E-41S2-549-91 T3-4152-569-92 74-4152-S90-93 01-4343-129-31 74-4802-590-93 74-4802-591-94 01-4210-129-31 73-423E-569-92 *••-CKS •' +-CK •••-CKS so*-CKS 1987 CITY OF ORONO • CHECK NO. DATE • • 1:4256 07/08/87 194256 07/08/87 1?4256 07/08/67 1942S6 07/08/87 154267 07/06/87 •....• 194!75 07/08/87 • 194Z75 07/03/87 194E7S 07/08/87 194275 07/08/87 • • 194279 07/08/87 a 194280 07/08/87 • • 194282 07/08/87 194291 07/08/87 i 191330 07/08/87 r 194363 07/08/67 194363 07/08/87 r • 194380 07/08/C7 CHECK REC16TER AMOUNT VENDOR ITEM DESCRIPTION 212.98 • 19.19 GENUINE PARTS CO 136.49 GENUINE PARTS CO 46.54 "mUINE PARTS CO 17.6E GENUINE PARTS CO 223.84 • 784 00 GOLF CAR MIDWEST 784.00 • 330.20 GROUP HEALTH INC 331.10 GROUP HEALTH INC 49.65 GROUP HEALTH INC 166.00 GROUP HEALTH INC 696.9E • 111.36 HARMON CLASS 111.38 • 83.1S MACH CHEMICAL CC 83.1s • 23.98 HANSING/CAROL 23.98 • 57.93 MALLIN/DOROTHY S7.93 • 61.96 ICNA RETRNNT COOP 81.96 • 4S.&S TOR JACOBS 60.97 TON jACOSS 113.St • 340.00 ions a0 ICAL 07-13-87 PAr.E 3 ACCOUNT NO INV 0 ► 0 0 MESSAGE ••0-CKS EQUIP PARTS 01-4232-249-42 MAINT AUTO 91-4341-129-31 MAINT AUTO 01-4341-18r-3S MAINT EQUIP 74-41e2 S90-93 LEASE PMT 74-4331-S90-93 HOSP INS JULY 01-41S1-IEI-31 MOSP INS JULY 01-41S1-1L9-31 MOSP INS JULY 01-41S1-174-33 HOSP INS JULY 74-41S1-590-93 MAINT AUTn 01-4341-129-31 UTILITY SYS MAINT 72-4234-S49-91 CLOTHING 01-4221-129-31 MILEAGE MEALS 01-4381-039-12 ICHA 6/IS-6/Po 01-4140-039-12 MILEAGE 01-4301-174-33 MILEAGE 01-4381-174-33 UTIL SYS MAINT !CUPPL 72-4834-549-91 *so-CKS •.•-CKS 1987 1ITY OF ORONO CHECK REGISTER 07-13 97 PAGE 4 t HECK NO DATE AMOUNT VENDOR ITE`1 DESCRIPTION :COUNT NO INv • 0 • MES`AGF 340 00 • 194381 07/08/87 15 07 K 6 K RENTALS UTIL APP-MAY 71-4324-SIS-90 IS 07 • •0000* •••-Lk5 • 194393 07i08/87 27 71 KORTUEMS SALES/SV MAINT MISC EQUIP 01-4342-249-42 27 71 • w ...... •••-cK= 194397 OT/08/87 41 34 KUEMN-THOMAS MILEAGE JUNE 01-4181-069-IS 194397 07/OR/87 4 69 KUEMN-TMOMAS MILEAGE JUNE 01-1'81-174-33 194397 07/09/87 S 90 KUEMN-TMOMAS MILEAGE JUNE 71.- 31-S15-y0 194377 OT/08/8T 9 39 KUEMN-TMOMAS MILEAGE JUNE 73- �81-R69-92 61 32 • •.•-CKS 194402 07/08/87 2,768 OS LAKEMTKA CONS DIST 3RD OTR LMCD 01-4380-C20-11 • 2,768 25 • • 194404 07/08/87 11.35 THE LAKER PUBLISHING 01-4322-174-33 1l4404 07/08/8T 46 54 THE LAKER PUBLISHING 01-43EE-174-33 • 194404 OT/08/87 37 84 THE LAKER PUBLISHING 01-43E2-E90-61 9S 73 • • •..... •.•-,_kS 194423 07/08/37 .tee 00 LEAGUE OF MN CITIES MEMBERSHIPS 01-4380-020-11 • 3,238 00 • •..a.• ..•-CK: '94435 07/05/87 16.92 LOCIS/SUITE 320 LABELS 01-4210-174-33 194435 07/08/87 102.00 LOCIS/SUITE 320 MNT COUTR DIABLO 620 01-4340-039-IE 19443S 07/08/87 1011.00 LOGIS/SUITE 320 MNT CONTR DIABLO 620 01-4340-174-33 19443S 07/08/87 224.51 LOCIS/SUITE 320 ADMIN :,ERV-MAY 01-4352-069-1S 19443S 07/08/67 129.31 LOCI$/SUITE 320 ADM:N LRV-MAY 01-4352-129-31 f 194435 07/08/87 1,13S.36 LCCIS/SUITE 320 DATA -. -MAY 01-4355-069-iS 19443S 07/08/87 378.71 LOCI$/SUITE 3t0 DA`4 !13,-MAY 01-435S-129-31 19443S 07/08/87 49.5S LOCI$/CUITE 320 DA' ",:-MAY 01-435S-174-33 194435 07/08/87 890.60 LOCI$/SUITE 320 CO 420 PRINTER 14-4S40-632-00 19443S 07/08/87 65.38 LOCI$/SUITE 320 ADh ERY-MAY 72-4352-549-91 194435 07/08/67 6.59 LOCIS/SUITE 320 DATA .,ROC -MAY 72-4355-549-91 f 19443S 07/08/87 98.06 LOSIS/SUITE 320 ADMIN SERV-MAY 73-4352-S69-92 19443S 07/08/87 14.41 LOSIWSVITE 300 DATA PROC-MAY 73-4355-S64-92 3,215.80 • f •••... ••-CKS 194440 07/08/87 16.25 LOUR" AUl FMTS EQUIP PARTS 73-423E-S69-92 s, 1987 CITY OF ORONO CHECK REGISTER CHECK NO DATE AAOUNT VENDOR ITEM DESCRIPTION 4r 16.22 • 194441 07:08/87 13 75 LONG LAKE TIRE MAINT AUTO • 13 7S • • 191474 07/08/87 1,SS9.25 /tETRO HASTE CONTROL JUNE SAC CHARGES 1,SS9 25 • • 194480 07/08/67 1,67S.8S MIDYE 1SPHALT STREET MAINT rAT 194480 07/06/87 680.17 MIDYEo ASPHALT UTIL SYS MAINT E,336.02 • •••••• 194485 07/08/87 19.03 MPLS OXYGEN CO MAINT MISC EQUIP 19.03 • 194490 07/08/67 P 92 MINNEGASCO UTILI'IES • 194490 07/08/e. 9.13 MINNEGASCO UTILITIES 194490 07i08/L7 118.S3 MINNEGASCO UTILITIES 194490 4- S7 .33 MINNlGASCO UTILITIES • 130.91 . • 194495 07/08/87 7.00 MN BENEFIT ASSN LIFE INS JULY 7.00 • • • =s:,ii5 07/08/87 S4.SO M FIRE s SAFETY MAINT MISc EQUIP 19450S 07/08/87 Bo.00 MN FIRE / SAFETY MAINT MISC EQUIP 104.50 • • •••.•. • 19451, 17/08/87 Iso.00 MN DEPT PUB SAFETY OFFICE SUPPLIES 1s0.00 . • 19+510 07/08/87 S0 00 m PLAIMIING "m MEMBERSHIPS s0.00 • 194S' 3 07/08/87 354.00 Nt ►OL RECOMI SYS OTHER CY.&SULT 3so.o0 194S32 07/08/87 11.07 1w"mp11CZYNSKI/DAMES MILEAGE 07-13- 'AGE S ACCOUNT NO INV 0 0 0 ME";#, 01-1311-PIl-IP ••••-CKS O1-tP-s-:00-•00 •••-CKS 01 -4• 149-42 TV-4f S4 91 •••-CKS 01-434P-129-31 •••-CKS 01-43E4--099-17 01-4324-129-31 7P-4384-S49-91 73-43t4-S69-14! •••-CKS • 1 -11 SP-1 P9-::1 •••-CK5 01-434P-119-31 01-434t--/ t9-31 •••-CK5 01-4t10-itl-31 01-4340-174-33 •••-cKs 6 t -43K- t tt-- v •••-CMs 1987 CITY OF ORONO CHECK REGISTER 07-13-67 PAGE 6 CHECK NO DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV • P • PW.SSASE 11 07 • Ogg -cKS 194535 07/08/87 1313S3.81 CITY OF MOUND FIRE PROT 3R0 OTR 01-4317-132-32 1313S3.e1 • 194536 07/08/87 25 38 CITY OF ORONO OFFICE SUPPLIES 01-4210-039-IF 194536 07/08/87 17 CITY OF ORONO POSTAGE 01-43E1-174-33 194536 07/08/8T S 81 CITY OF ORONO MAINT AUTO 01-4341-E49-42 194536 07/06/87 4 08 CITY OF ORONO MEETING 01-43SG-E49-42 194S36 07/08/87 31 9E CITY OF ORONO POSTAGE 7E-43Z1-S49-91 1`4S36 07/09/87 10 12 CITY OF ORONO OFFICE SU►►LIES 74-4E10-S90-93 194536 07/08187 8 44 CITY OF ORONO PRO SHOP RESALF 74-4801-591-94 8S 92 • •••-CKS 194S4S 07/OR/87 176 75 NAVARRE '.UTO REPAIR MAINT AUTO 01-4341-174-33 176 7S • •••••• ...-CKS 194545 07/08/87 a 88 NAVARRE HARDWARE MAY HARDWARE 01-4210-1$5-35 194548 01/08/87 30 5S NAVARRE HARDWARE MAT HARDWARE 01-4231-IE9-31 194548 07/08/87 34 99 NAVARRE HARDWARE MAY HARDWARE 01-4E31-E90-61 194548 07/08/67 1 39 NAVARRE HARDWARE MAY HARDWARE 01-4Z3Z-E49-4E 194548 07/08/87 L6 E7 NAVARRt HARDWARE MAT HARDWARE 0S-4E3E-t90-61 194548 CT/08/87 9 ZC NAVARRE HARDWARE MAY HARDWARE 01-4341-165-3S 194545 07/08/8T 95 4Z NAVARRE HARDWARE MAY HARDWAR' 01-4343-099-17 19454C 07/08/87 CS 79 NAVARRE HARDWARE MAY HARDWART 71-4341-51S-90 194548 07/06/87 5 69 NAVARRE HARDWARE MAY HARDWARE 7Z-4231-549-91 194548 OT/08/87 2 39 NAVARRE HARDWARE MAY HARDWARE 72-4E34-S49-91 194548 07/08/8T 10 SO NAVARRE HARDWARE MAI' HARDWARE 7E-434S-549-91 194S48 07/08/87 2 98 NAVARRE HARDWARE MAY HARDWARE 73-4344-569-42 19454! 07/02/87 46 51 NAVARRE HARDWARE MAY HARDWARE 74-4343-SVO-93 300 64 • •..-CKS •.•••• 194559 07/00/87 136 39 NSP UTILITIES 01-4324-099-17 194_.S9 07/08/87 247 22 NSP UTILITIES 01-4324-129-31 1945S9 07/08/87 2 50 NSP UTILITIES 01-4324-17S-34 194559 07/08/87 170 88 NSP UTILITIES 01-4324-249-42 194SS9 07/OS/87 11 46 NSP UTILITIES 01-4324-290-61 194559 07:08/87 857 44 NSP UTILITIES 01-432S-24; •2 194559 07/08/^- 1,823 38 NSP UTILITIES 72-4324-S49-91 194559 071' 912 95 NSP UTILITIES 73-4324-569-92 194559 Oi--o 120.31 NSP UTILITIES 74-4324-S90-93 4,242 53 • .••-CKS •.•'I•• 194561 07/80/!7 tO9.30 NW SERV STATION EO MAINT "]$ C EQUIP 01-4342-099-17 109 30 • IN, 1987 CITY OF ORONO CHECK REGISTER 07-13-67 PAGE 7 CHECK NO DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV 0 P 0 0 MESSAGE •...•• •••-CKS 194568 07/08/87 54 96 NORTHWESTERN BELL TELEPHONE 01-4320-J39-12 194S69 07/08/87 54.96 NORTHWESTERN BELL TELEPHONE 01-4320-059-14 194568 07/08/87 27 48 NORTHWESTERN BELL TELEPHONE 01-4320-069-15 194568 07/08/87 67 13 NORTHWESTERN BELL TELEPHONE :1-4320-129-31 194S68 07/08/87 127 86 NORTHWESTERN BELL TELEPHONE 01-4320-129-31 194568 07/08/87 54 96 NORTHWESTERN BELL TELEPHONE 01-4320-174-33 194568 07/08/87 67 68 NORTHWESTERN BELL TELEPHONE 01-4320-17S-34 194568 07/08/87 54 96 NORTHWESTERN BELL TELEPHONE 31-4320-a49-42 194568 07/08/87 8 67 NORTHWESTERN BELL TELEPHONE 71-4320-SIS-90 194568 OT/08/87 32 93 NORTHWESTERN BELL TELEPHONE 72-4320-549-91 4568 07/06/87 49 42 NORTHWESTERN BELL TELEPHONE 73-4320-S69-92 194565 07/08/e7 112 20 NORTHWESTERN BELL TELEPHONE 74-4320-590-93 194568 07/08/87 105 40 NORTHWESTERN BELL TELEPHONE 74-4323-590-93 818 61 • •••••• 00•-CKS 194574 07/08/87 585 00 OFFICE PROD OF MN MAINT OFFICE EQUIP 01-4340-039-12 :')457•1 07,'08/87 85 00 OFFICE PROD OF MN MAINT OFFICE EQUIP 01-4340-069-15 194�74 07iO3'87 !70 00 OFFICE PROD OF MN MAINT OFFICE EOVIP 01-4340-129-11 840 00 • •••••• •••-,_KS 19459C 07/08/87 37 80 OTTEN BROS OTHER CHARGES 4S-4399-432-00 19459G 07,CS/87 24.84 OTTEN BROS MAINT SUPPL 14-4231-590-93 62.64 • •••••• •••-CK5 194597 07/08/87 68 62 PUBLIC EMPL PET ASSN PERA 6-'1 TO 6/14 01-4141-C3'.-12 194597 07/08/87 1 33 PUBLIC EMPL RET ASSN PERA 6,1 TO •.';A 01-4141-040-13 194597 07/08/87 1 97 PUBLIC EMPL PET ASSN PERA 6'1 'A 01-4141-059-14 194597 07/08/87 119 08 PUBLIC EMPL PET ASSN PERA 6/1 14 01-4141-069-1S 194597 07/08/87 12 07 PUBLIC EMPL RET ASSN PERA 6/1 TO 6/14 01-4141-099-17 194S97 07/08/87 1,362 75 PUBLIC EMPL RET ASSN PERA 6/1 TO 6/14 01-4141-111-31 194597 07/08/87 54 13 PUBLIC EMPL RET ASSN PFO' 5/1 TO 6/14 01-4141-IIS-31 194597 07/08/87 391 68 PUBLIC EMPL PET ASSN I.PA 6/1 TO 6/14 01-4141-121-31 194597 07/08/87 357 24 PUBLIC EMPL NET ASSN -FRA 6/1 TO 6/14 01-4141-126-31 194597 07/08/ST 224.60 PUBLIC EMPL RET ASSN PERA 6/1 TO 6/14 01-4141-174-33 194S97 07/08/87 217 3; PUBLIC EMPL MET ASSN PERA 6/1 TO 6/14 01-4141-t49-42 194597 07/08/87 47 no PUBLIC EMPL RET ASSN PERA 6/1 TO 6/14 01-4141-290-61 194597 07/08/87 1_1 45 PUBLIC EMPL RET ASSN PERA 6/1 TO 6/14 71-4141-SIS-90 194597 07/08/87 90 02 PUBLIC EMPL RET ASSN PERA 6/1 TO 6/14 72-4/41-549-91 194597 07/08/87 165 76 PUBLIC EMPL RET ASSN PERA 6/1 TO 6/14 T3-4141-S69-92 194597 07/08/87 S3 53 PUBLIC EMPL RET ASSN PERA 6/1 TO 6/14 T4-4141-S90-93 3,288 63 • •*•••♦ •••-•CKS 194605 07/08/87 116.15 PENNSYLVANIA OIL MOTOR LUBRICANTS 73- 4220-S69-92 116.1S • a 1987 CITY OF ORONO CHECK NO DATE 000 ... 194608 07/08/87 194608 07/08/8T 194608 07/08/87 194608 07/08/87 194608 07/08/87 194613 07/08/87 194613 07/08/87 194617 •.•... 07/08/87 194621 07/08/87 194621 07/08/87 194621 07/08/87 194621 07/08/87 194621 07: O8/87 19462: OT/08/87 194621 07/08/87 194621 07/03/87 194621 07/O8/87 194L_1 07/08/87 194621 07/08/87 194621 07/08/87 194621 07/OF/87 •••••• 194628 07/08/87 194628 07/08/87 194628 07/08/87 194628 07/08/87 194628 07/08/87 194628 07/08/87 19462.9 07/08/87 194628 07/08/87 194628 07/08/97 194628 07/08/87 194628 O7: 08/87 194628 07/08/87 194628 07/08/87 194628 01/08/87 194628 07/08/87 AMOUNT 2,37S 00 1,010 00 77S 00 940 00 400 00 S,S00 00 CHECK REGISTER VENDOR ITEM DESCRIPTION PANNELL KERR FORSTER PANNELL KERR FORSTER PANNELL KERR FORSTER PANNELL KERR FORSTER PANNELL KERR FORSTER AUDIT PYMNT 02 AUDIT PYMNT 02 AUDIT PYMNT 02 AUDIT PYMNT 02 AUDIT PYMNT 62 07-13-87 PAGE e ACCOUNT NO INV 0 P 0 0 MESSAGE *so-CKS 01-4300-024-11 71-4300-SIS-90 T2-4300-S49-91 73-4300-S69-92 74-4300-S90-93 68': 00 PERRYS TRUCK REPAIR MAINT AUTO EQUIP 01-4341-174-33 13 00 PERRYS TRUCK REPAIR RAINY AUTO EQUIP 01-4341-249-42 695 CC 16 15 PHOTO FACTORY OFFICE SUPPLIES 01-4210-129-31 16 15 • 1,095 58 PHYSICIANS HEALTH HOSP INS JULY 01-3872-000-00 602 SS PHYSICIANS HEALTH HOSP INS JULY 01-41S1-039-12 210 SS PHYSICIANS HEALTH HOSP INS JULY 01-41S1-069-1S 104 55 PHYSICIANS HEALTH HOSP INS JULY 01-4151-121-31 434 75 PHYSICIANS HEALTH HOSP INS JULY 01-41S1-120-31 976 75 PHYSICIANS HEALTH HOSP INS JULY 01-4151-129-31 270 55 PHYSICIANS HEALTH HOSP INS JULY 01-41S1-174-33 664 00 PHYSICIANS HEALTH HOSP INS JULY 01-4151-249-42 104 55 PHYSICIANS HEALTH MOSP INS JULY 01-4151-290-61 62 73- PHYSICIANS HEALTH HOSP INS JULY 01-41S1-569-92 62 73 PHYSICIANS HEALTH HOSP INS JULY 01-41S1-S69-92 41 ea! PHYSICIANS HEALTH HOSP INS JULY 72-4151-S49-91 6. '.S ►MYSICIANS HEALTH HOSP INS JULY 13-IIS1-s0l-l2 4,628 S8 • 783 72 POPHAM HAIK L ASSOC LEGAL RETAINER APR 01-4301-060-'S 5,492 53 POPHAM HAIK & ASSOC COURT APPEAR APR 01-430?-080-15 332 20 POPHAM HAIK & ASSOC MZD BLD 3960-6TH 01-4303-090-16 240.00 POPHAM HAIK • ASSOC FOREST ARMS -CD 01-4303-080-16 231.00 POPHAM HAIK i ASSOC SALE LIO STORE 01-4303-080-16 1,654.20 POPHAM HAIK & ASSOc LEGAL CONSULT - APR 01-4303-060-16 12c 50 POPHAM HAIK & ASSUC LEGAL CONSUtT - APR 01-4303-129-31 99 30 POPHAM HAIK ♦ ASSOC LEGAL CONSULT - APR 01-4303-174-33 19.90 POPHAM MAIN 4 ASSOC LEGAL CONSULT - APR 01-4303-249-42 824.SO POIMAII MAIN 0 ASSOC LEGAL CONSULT - APR 01-4303-640-TI 104.40 PO►MAM MAIN i ASSOC LEGAL CONSULT - APR 41-4303-401-00 112.00 POPHAM MAIN & ASSOC LEGAL CONSULT - APR 41-4303-402-00 44.30 POPHAM HAIK • ASSOC LEGAL CONSULT - APR 41-4303-405-00 294.90 POPHAPI HAIK & ASSOC LEGAL CONSULT - AIR 41-4303-407-00 436.S0 POPHAM HAIK 6 ASSOC LEGAL CONSULT - APR 41-4303-411-00 so*-CKS •••-CKS 1987 CITY OF ORONO CHECK REGISTER 07-13-97 PAGE 9 r CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT N0. INV • P 0 0 MESSAGE • 194628 07/08/87 329.00 POPHAM HAIK i ASSOC LEGA!. CONSULT - APR 4S-4303-432-00 • 194628 07/08/87 55 00 POPHAM HAIK { ASSOC LEGAL CONSULT - APR 74-4303-590-93 11,175 9S • •••••• ••.-CKS • 194638 07/06/87 98.50 PRAIRIE OFFSET OFFICE SUPPLIES Ot-4210-039-12 • 194638 07/08/87 98.50 PRAIRIE OFFSET OFFICE SUPPLIES 01-4210-174-33 197.00 • •••••• •••_mks 194643 07/08/87 2.54 PRUDENTIAL LIFE INS JULY 01-41SE-039-12 • 194643 07/08/87 11.61 PRUDENTIAL LIFE tNS JULY 01-4tSl-069-1S 194643 07/08/87 4.9S PRUDENTIAL LIFE INS JULY 01-41S2-1P1-31 194643 07/08/87 8.80 PRUDENTIAL LIFE INS JULY 01-41SE-186-31 194643 07/08/87 42.00 PRUDENTIAL LIFE INS JULY 01-41S2-t29-31 194643 07/08/87 2.40 PRUDENTIAL LIFE INS JULY 01-41SR-174-33 • 194643 07/08/87 5.40 PRUDENTIAL LIFE INS JULY 01-41St-Z49-42 77.70 • . •••••• •••-CKS 194658 07/08/87 3.50 R C INDENTIFICATIONS PERSONAL EQUIP 01-4221-129-31 • 3.50 • •••••• •••-CkS 1S4675 07/08/87 1,613.61 ROLLINS OIL CO GASOLINE Ot-IEGO-000-00 1,613.61 • •••r•• •o•-CKS • 194688 07/08/87 246.00 PARK NICOLLET OTHER CONSULTING 01-4306-129-31 � E46.00 • • •••••• •••-CKS 194691 07/08/87 414.00 SATELLITE IND INC EQUIP RENTAL 01-4331-29C-61 • 1946S1 07/08/87 69.00 SATELLITE IND INC EQUIP RENTAL 74-4331-SSO-93 483.00 • • •••••• *se-CKS 194705 07/08/87 63.00 SPECIALTY SCREENING EQUIPMENT 01-4238-18S-3S • 63.00 • 1 •••••• •••-CKS 194787 07/06/87 303.25 TUW SUPPLY CO GROUNDS RAINT SUPPL 74-4231-590-93 194767 07/08/87 310.00 TURF SUPPLY CO GROUNDS RAINT SUPPL 74-4"1-590-93 6.3 is • ' •••-CKS 194796 07/08/87 90.00 UNIFORMS UNLIMITED CLOTHING 61-4Ul-it9-31 f 1987 CITY OF OPONO CHECK REGISTER • CHECK NO DATE AMOUNT VENDOR ITEM DESCRIPTION 96.00 • • 194826 07/08/87 23S.23 WALDOR PUMP UTILITY SYS MAINT 23S.23 4 • 119 1 07/08/87 1,369.00 W HENNEPIN HUMAN SEA DONATION 1,369.00 • •.•••• 194STS 07/08/87 11.98 6RIGHT HENN ELECTRIC UTILITIES • 11.98 . ♦••••• 194901 07/08/87 18.60 GOULDS EQUIP PARTS 18.60 • • 194902 07/08/8T 72T.02 SUNRAM LANDSCAPING REPAIR FENCE 194902 07/08/87 2,634.40 SUNRAM LANDSCAPING OTHER CHARGES do 3,361 42 • 194903 07/08/87 173.2E STEVENS WELL DRILLNG MAINT MI!' E01fa, 194903 07/08/8T 430 00 STEVENS WELL DRILLNG MAINT RISC EQUIP 623.28 • 194904 07/08/87 290.00 MIDWEST TURF SPEC OTHER CHARGES 290 00 • 19490S 07/08/87 19S.00 CITY Of ST PAUL SCHOOL 19S.00 • f 194906 07/08/87 4S0.00 RORERT f DAHLKE EQUIP RENTAL 4S0.00 • 194907 07/08/87 166.17 INDUS INTERNATIONAL HAND HELD VIEWERS 166.17 • • 194908 07/06/8'1 2S.00 GILS SHEET METAL MAINT BLOCS t5.00 • s 194909 07/08/87 SSS.49 DUANE SCHLIINI MAINT SLOG SS5.49 • 194911 07/08/67 14S.00 MEDICAL OXYGEN EQUIP EQUIP PART ACCES 145.00 • •ast•• • 194913 07/08/87 1,000.00 TERRA CARE INC MOWER DECK 40 07-13-87 PAGE 10 ACCOUNT Nn INV 6 P 0 • MESSAGE .••-CKS 73-4234-569-92 01-438S-100-21 01-4324-249-42 74-4232-590-93 45-4399-43E-00 45-4399-432-00 72-4342-S49-91 74-4342-590-93 01-4399-040-71 01-43L6-1F9-3 01-4331-249-42 01-4210-IT4-33 01-4343-129-31 74-4343-S90-93 81-03t-1s9-31 14-4 4"34-00 •••-CKS •••-CKS •••-ucS •• •-C1IS 1987 CITY OF ORONO CHECK NO DATE 194914 OT/08/87 • 19491S 07/08/87 • 194917 OT/08/87 194918 07/08/8' 194919 0"/08/87 r 194920 07/06/67 r 194921 07/OS/ST 194921 07/08/87 194921 07/08/ET 99491S 07/08/87 • •a•••• • 1p AMOUNT 1,860 00 • 2,996 is 2,996 IS • 221.93 221.93 • 84.00 64.00 • 17.50 17 SO • t0 00 20.00 • S9 SO S9 . SO • S6-SO 56.50 5.190.00 S,303.00 • 62.90 62.90 • 63, 143.40 71960,60 992.10 3. Tts . t2 11246.30 4,281 .47 2,847.97 3.701 77 67.901.91 CHECK REGISTER VENDOR ITEM DESCRIPTION STATE TREASURER JUNE STATE SURCH CHARLIES AUTO BODY MAINT AUTO EQUIP FIRE 6 POLICE REPORT PERIODICALS CORCORAN ►ET CARE ANIMAL CARE MN COMMERCE DEPT MEMBERSHIPS EXPRESS MESSENGER SPEC DEL-LIO LIC RETAIL DATA SYSTEMS OFFICE SUPPLIE3 RETAIL DATA SYSTEMS OFFICE SUPPLIES RETAIL DATA SYSTEMS CLKB CASH REGISTER ASSOCIATED SAG CO FUND 01 TOTAL FUND 14 TOTAL FUND 41 TOTAL FUND 4S TOTAL FUND 71 TOTAL FUND 72 TOTAL FUND 73 TOTAL FUND 74 TOTAL TOTAL 07-13-67 PACE s, ACCOUNT NO INV 0 P 0 0 MESSAGE 01-2222-000-00 01-4341-129-31 Ot-4240-129-31 01-4360-18S-35 01-4390-039-12 71-3790-000-00 01-4210-039-12 01-4210-969-iS 14-41549-61.9-00 EVIDENCE TUBING 01-4210-129-31 GENERAL FUND IMPROVE 6 EQUIP OfJTLAY F PERM IMPROVE REVOLVING F 199S SPEC ASSESSM UT FUN LIQUOR OPERATING FUND WATER OPERATING FUND SEWER OPERATING FUND GOLF COURSE OPERATING FD •-•-CK �. PUBLIC ATTE,'DANCE CITY OF ORONO MEETING DATE ' PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print) ADDRESS NAME �R NUMBER PRESENT FOR (from agenda) c c iU 1270 I 4e 9 44 A ' iL2 k- -0 G 3. S. L u AL 7. 14 9 y . 9� �¢• o f71e�cltc 2 • / S G• le h7l&/' 4. * ^- 5.LL 4 7. d PUBLIC ATTEIJDANCL CITY OF UHUNO MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) V J w, 2. 3. �ilt i-k 7W /—XF' 8. 0. 2. 3. 4. 5. 6. 7. 8. 9. 0. PUBLIC ATTENDANCL CITY OF ORONO ?MEETING DATE � � �I /j �' / PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) 2 . �• �j LZ _ L 4. V,✓ OY64er'PL 5. L 36 7. 9. .,-, 0 .. �/ t' 'r r /? T-l' . C� f �l " 2 './ i L 7 C i 3.� �- 4.' ,c .� ? i 5�✓c. . 5. eke 6. hlk J .r 9_ i 1- U�► .ram..-..� '� ..�Ji .._. z PUBLIC ATTENDANCE CITY OF ORONO I4EETING DATE .' PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) 1. c , L lQ L". � � < E 3. l 6. 7. 1 0. Tr�au 1. -W v- A , lit, 4. :..�.. le 5. 6. 7. le 71 � 7 i C U-,k 11 c I PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE _1 PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) `7 /] h ad Vu% , _ . 3. Ct'�y.� r ��.r�, ., K k rcl A91- 5. �• rl, [L`[ i `�4 �,IM h- 7.8 - ikle 1 9. 0. f r PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR ' .1 RECORDS. NAME; OR NUMBER NWX (please print) ADDRESS PRESENT FOR (from agenda) 3. 4. 5. 6. 7. S. 9. 0. 1. 2. 3. 4. 5. 6. 7. 8. 9. 0. m (Amtlij MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 15,.1987 ATTENDANCE 7:01 P.M. The Orono Planning Commission met on the above -date with the following members present: Chairman K611'ey;'Johnson, Cohen, and Hanson. Brown arrived at 7:07 P.M., Bellows arrived at 7:09 P.M. Taylor was absent. The following represented the City staff: Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, and City Recorder Peterson. Councilmember Peterson was also present. #1150 THRODORE FRIG/TIMOTHY JOHNSON 627 a 629 FERNDALE ROAD NORTH SUBDIVISION OF A LOT LINE REARRANGEMENT PUBLIC BEARING 7:47-7:52 The Affidavit of Publication and Certificate of Mailing was noted. Applicants Ted Feig and Tim Johnson were present for this matter. H. Glendon Johnson, 517 North Ferndale Road, asked that the proposal be explained. Assistant Zoning Administrator Gaffron explained the request for a lot line rearrangement between two 2-acre developed lots to make more efficient use of the properties and coincide with the natural and man-made features of the properties that now exist. Staff recommends approval of this lot line rearrangement as a metes and bounds (subject to County accepting the metes and bounds descriptions) division because the house Mites are developed and there is no future roadway dedication required. Staff also recommends that Applicants grant a new drainage and utility easement 5' either side of the new lot lines as a condition of approval, and file an application to vacate the existing easement which will no longer be appropriate. There were no other comments from the public and the public hearing was closed. It was moved by Cohen, seconded by Bellows, to recommend approval of the lot line rearrangement subject to staff recommendation. Motio;i, Ayes 6, Nays 0. 1. MINUTES OF THE PLANNING COMMISSION MEETING BELD JUNE 15, 1987 #1163 JOHN MCDONELL 1255 WOODBILL AVENUE PRELIMINARY SUBDIVISION CLASS III PUBLIC BEARING 7:52-8:35 The Affidavit of Publication and Certificate of Mailing was noted. Present for this matter were: John McDowell, Rick Sathre, Gary Peterson, and Henry Kingman. Zoning Administrator Mabusth first explained the ownership and subdivision of Parcel B property by Woodhill prior to the sale to John McDowell. She spoke to the Woodhill attorneys who advised that sale has not taken place and sale will not be finalized until Mr. McDowell completes the subdivision. Therefore, staff suggests that Woodhill join in the application with Mr. McDowell. She noted that the southeast portion of Parcel B could become either an outlot or a separate lot. Henry Kingman stated that they have no plans for the southeast portion other than combining it with the Woodhill Country Club property as an outlot. He noted that Woodhill will join in the subdivision application. John McDowell explained the proposed 5 lot plat served by both a private road and an existing private easement (serving property from the southern end) created in a previous subdivision involving the entire J. Pillsbury homestead. Applicants Engineer/Surveyor Rick Sathre explained the technical points of the proposed sites. He noted that they propose the road at a minimum paved width of 20 feet (24 feet required) in order to minimize the loss of trees and major land alteration required with road construction because of the difficult topography. He noted that the sites are capable of supporting septic systems, Lots 2 and 3 will have mound systems. Zoning Administ-rator Mabusth stated that the City Engineer recommends the road at a minimum paved width of 22' and an 80' diameter cul-de-sac in order to accomodate emergency vehicle access and snow removal. City Engineer also recommends that the minimum width of road between the retaining walls be 26'. Applicant is also being requested to install a cul-de-sac at the end of Woodhill Ave. and dedicate additional width to provide a 50' right-of-way. She stated that Woodhill Ave. is substandard noting that if it were upgraded the cost would be assessed against the benefitting property owners. 2 MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 15, 1987 #1163 MCDOWELL CONTINUED Hanson voiced concern with the Engineer's recommendation of a 22' wide road versus the required 24' wide road. He is also concerned with the public safety aspect in terms of the City's responsibility for landowners served by the existing Woodhill Ave. Mark Fox, 1230 Woodhill Ave., is opposed to a cul-de-sac on Woodhill Ave. because it would be too close to his property, and felt it was too drastic just to remove snow which can be pushed straight ahead. Dave Lindstrom, 1315 Woodhill Ave., agreed with Mr. Fox. Kandi Osborne, adjacent property owner to proposed Lot 3, asked if there are limitations to wetlands being filled; and if there are limitations square footage of a house. Chairman Kelley stated that there are limitations to filling in wetland areas which are controlled by the DNR and the City. Regarding the house size, Mr. McDowell stated that there will be protective covenants that go along with the sale of the properties which will specify a minimum house size. Kandi Osborne voiced concern of slot of tree removal to accomodate the mound septic systems and also the concern of a non-functional system filtering onto her property. Assistant Zoning Administrator Gaffron explained that the City's standards for a septic system are that it must be at least 10' from a property line, at least 751 from any wells; soil testing is required. He confirmed that a 1 of of trees will need to be removed for a mound system. Mr. Sathre stated that topographically, if the system failed, it would drain away from the Osborne property. He felt the chances of a system failing were slight. Johnson voiced concern with the residents preference of not having a cul-de-sac, noting a cul-de-sac w-)uld prevent drivers turning around in one's driveway. 3 MINU;*3S OF THE PLANNING COMMISSION MEETING HELD JUNE 15, 1987 11163 MCDOWELL CONTINUED Chairman Kelley ann,,unced that two of the Planning Commission members were also members of the Woodhill Country Club, and that he himself was an associate member of the club. He noted that each of the members could decide for themselves whether there was a conflict of interest and abstain from voting. From his point of view, he has decided to vote in the matter. Mark Fox asked if Woodhill Ave. were widened where would the additional property come from and who would pay for it. Zoning Administrator Mabusth stated that they have only done some preliminary reviews of it and were very concerned with the existing landscaping done by the property owners in the right-of-way. There were no other comments from the public and the public hearing was closed. It was moved by Cohen, seconded by Hanson, to recommend preliminary subdivision approval as proposed subject to the City Engineer's recommendations. Motion, Ayes 3, Nays 2, Abstention 1. Brown voted nay feeling the Woodhill Ave. cul-de-sac was not needed. Johnson concurred with Brown in addition to feeling a 20' paved road width would be adequate. Bellows abstained due to her membership in the Woodhill Country Club. #1164 JOHN MCDOMELL 405 TONXAWA ROAD SUBDIVISION FOR TAX PURPOSES AND LOT LINE RBARRANGENEWT PUBLIC HEARING 8:40-8:45 The Affidavit was noted. of Publication and Certificate of Mailing John McDowell as applicant and current owner of the former homestead of Edson Spencer consisting of a total 14.37 acres and made of of three legally defined tracts of Registered Land Survey #540 combined for tax purposes seeks the separation of all three parcels for individual sale. 4 MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 15, 1987 #1164 MCDONELL CONTINUED John McDowell explained that he proposes to separate the property as follows: Tract A - 4.71 +- acres with the existing tennis court to remain. Tract B - 5.98 +- acres including the existing homestead, pool & patio, and shed. Tract C - 3.69 +- acres. He stated that he is opposed to staff's recommendation that unless a building permit for a principal structure is issued prior to the formal approved subdivision deadline date, the tennis court on Tract A must be removed after the established 1 year deadline date. He will withdraw his application if that condition were imposed. Planning Commission felt the tennis court could not be allowed indefinitely on a property as an accessory structure with no principle structure. They suggested a longer time frame indicating to applicant that he can come back to the City to request an extension if that time limit were to expire. They further advised applicant that an extension request could be denied. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Hanson, to recommend approval of the proposed division for tax purposes of Tracts A & B and a division of a lot line rearrangement between Tracts B & C finding all standards of the LR-lA zoning district have been satisfied, subject to the following conditions: 1. The tennis court will be allowed to remain for 2 years from the formal approval date of the subdivision by Council unless a building permit for a principal structure is issued prior to the 2 year deadline date. 2. Septic testing required prior to City's approval of lot line rearrangement. 3. Parcel created within Tract C to be legally combined with Tract B. Motion, Ayes 6, Nays 0. 5 MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 15, 1987 #1149 SCOTT a SUSAN VICKERMAN 2500 SIXTH AVENUE NORTH CONDITIONAL USE PERMIT CONTINUATION OF PUBLIC HEARING 7:01-7:03 Susan Vickerman was present for this matter. Zoning Administrator Mabusth explained that at the March meeting, Planning Commission approved a partial vacation of a conservation and flowage easement originally granted to the City over a proposed pond area on the subject property. Planning Commission recommendation agreed to a partial vacation of the easement that would preserve the defined drainageway through Lot 3 in order to maintain integrity of existing pond on Lot 2. The current application filed by the new owner, Scott Vickerman, requesting to proceed with the installation of the pond as approved by the City on October 15, 1984. Staff recommends approval. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Cohen, seconded by Chairman Kelley, to recommend approval of the renewed conditional use permit subject to the findings and conditions (except for the requirement of a conservation and flowage easement) set forth in Resolution 11685 approving the original conditional use. Motion, Ayes 4, Nays 0. (Brown and Bellows were not present for this vote.) 115 2 FRANK JANECRY 3145 NORTH SHORE DRIVE VARIANCE PUBLIC BEARING 7:12-7:13 The Affidavit of Publication and Certificate of Mailing was noted. Applicant's contractor, Fred Royle of Carpenters Construction, was present for this matter. Assistant Zoning Administrator Gaffron explained the request for an average lakeshore setback variance to construct a second st^ry deck. Applicant has removed the existing garage- d major portions of driveway, replacing with gr. , to result in final 75-250' hardcover of 24.2% which meets the requirements. The removals also result in removal of structure previously in the 0-75' zone. It was noted that most of the existing house and entire deck is within the average setback zone. Gaffron noted that because of the project's overall improvement, the views of the the only affected neighbor will actually be increased. MINUTES OF THE PIJUFNING COMMISSION MEETING HELD JUNE 15, 1987 #1152 JANECKY CONTINUED There were no comments from the public regarding this matter and the public hearing was closed. Chairman Kelley noted the City's appreciation for a reduction of hardcover in the 0-75' zone. It was moved by Brown, seconded by Cohen, to recommend approval as submitted. Motion, Ayes 6, Nays 0. #1154 PAUL VITRO 80 CYGNRT PLACE CONDITIONAL USE PERMIT PUBLIC HEARING 7:04-7:06 The Affidavit f Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron explained the request to bring in 450 cubic yards of dirt to fill a 20'x60'x6' deep "trout" pond that was excavated in 1972 by the previous owner. This pond receives overflow through a 4" the from the neighbor's pond at 60 Cygnet Place. Applicant's pond then has an overflow pipe that leads to the south and east on applicant's property. The pond is empty this year and its retaining walls are in disrepair. Applicant feels that this "hole" is an eyesore and a safety hazard to his young children, and wishes to fill it in. To accomodate the drainage from the neighbor's pond, applicant proposes to create a swale within the 10' drainage easement along the rear of the property, at an elevation and slope that will transport any overflow from the neighbor's existing pond connection pipe to the south end of applicant's property where such overflow will then flow naturally across the park lot to the creek. Applicant is also requesting that the 30-45 truckloads of fill be allowed to access across the City park lot so that applicant's drainfield will not be damaged. Public Works Coordinator Gerhardson will be reviewing this request. Staff recommends approval subject to the conditions listed in memo. Paul Vitko was present for this matter and stated he finds no problem with staff and City Engineer's recommendations. There were no comments from the public regardinq this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Hanson, to recommend approval per staff recommendation. Motion, Ayes 4, Nays 0. (Brown and Bellows were not present for this vote.) 7 MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 15, 1987 #1158 ROBERT P. SCHMITT 1475 SHORELINE DRIVE CONDITIONAL USE PERMIT/VARIANCE PUBLIC HEARING 7:08-7:11 The Affidavit of Pubi-ication and Certificate of Mailing was noted. Robert Schmitt was present for this matter. Assistant Zoning Administrator Gaffron reviewed the request to: 1) Replace areas of cracked concrete sidewalk and driveway pavement within 0-75' setback area; 2) Re -grade ice damaged shoreline back to a level state; and 3) Remove dilapidated bath house near shoreline. Gaffron reviewed City Engineer Cook's recommendation of approval subject to his outlined erosion control measures. Staff recommends approval of the 3-phase project which will reduce 0-75' hardcover on the proeprty, remove a non -conforming structure, and enhance the safety and usability of the yard area. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Cohen, seconded by Chairman Kelley, to recommend approval subject to suitable erosion controls during the grading work, and subject to the concrete being replaced but not expanded in area. Motion, Ayes 6, Nays 0. #1159 FRAMLIN GROVES 215 HOLLANDRR ROAD CONDITIONAL USE PERMIT PUBLIC HERRING 8:50-8:55 The Affidavit of Publication and Cer*ificate of Mailing was noted. Zoning Administrator Gaffron explained the request for a conditional use permit to bring in approximately 500- 1,000 yards of fill in order to regrade the front yard area, with the intent to smooth out the front yard so it can be readily mowed. There will be some minor cut and fill areas in addition to the fill brought in. City Engineer Cook has viewed the site and feels that this project will have no detrimental effect. John Hollander, 200 Hollander Road, asked about the quantity & type of fill, the direction of the drainage, and the type of soil that currently exists on the property. 8 MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 15, 1987 #1159 GROVES CONTINUED Assistant Zoning Administrator Gaffron answered that a maximum of 1,000 yards of mostly clay fill will be brought in; it is anticipated that the drainage will be in the same direction and same rate that currently exists toward the culvert; and the existing soil is mainly sand. Franklin Groves was present and noted that he plans to seed as soon as the fill and grading is done. There were no other comments from the public and the public hearing was closed. Bellows stated that she approved the project in concept, however, recommended that a contour plan be submitted before Council review. It was moved by Bellows, seconded by Brown, to recommend approval per staff recommendation and subject to applicant providing complete existing and proposed contour plans before Council review. Motion, Ayes 6, Nays 0. For the record, Mr. Groves stated that he will diligently repair any road damage caused by this project. #9SI VOYAGZUR SZRVICE CZNTER, INC. 2420 SOADYMOOD ROAD VARIAWU i CONMSRCIAL SITE PLAN REVIEW COMIZOATION OF PUBLIC HEARING 9:02-9:22 MAILZD AAOTIFICATION John O'Sullivan and Erwin Smith were present for this matter. Zoning Administrator Mabusth explained the proposal to add to the existing service center building to create a carwash/service center/convenience store. Street setback variances requested are: Right Side - proposed 20', Left Side - proposed 27' (35' setback is normally required). Parking requirements total 26 stalls, whereas the commercial site plan shows 21 stalls provided. The County is requesting additional right-of-way to provide a right turn lane and a sidewalk which is part of the Navarre upgrading plans. John O'Sullivan reviewed the proposed plan. Regarding the 26 required number of parking stalls, he requested that 50% (5 total) of the 10 gas pump parking stalls be credited to the parking requirements. He noted that this has been acceptable in some municipalities. 9 MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 15, 1987 #958 VOYAGEUR SERVICE CENTER CONTINUED Planning Commission expressed concern with interference of the canopy in the designated fire lane, and that the fire inspector should determine if this would be a problem. Mr. O'Sullivan noted that their hours of operation will be from 6 AM to Midnight; the drainage will not be changed; and they plan to install all new gas tanks and lines. Zoning Administrator Mabu!;th noted that staff no longer feels there will be a stacking problem with the car wash operation. Planning Commission unanimously agreed that the code did not have to be amended for this multi -use proposal. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Cohen, seconded by Hanson, to recommend approval of the variances ani commercial site plan finding no problem with the proposed parking plan and subject to approval by the fire inspector. Motion, Ayes 5, Nays 1. Bellows voted nay sta,ing it was too intense use for the size of the property specifically the convenience store and number o' gas pumps. #1143 DONALD WILDMAN 745 SPRING BILL ROAD CONDITIONAL USE PERMIT CONTINUATION OF PUBLIC HEi►ZING 9:25-9:37 Mr. 6 Mrs. Donald Wildman were present for this matter. Assistant Zoning Administrator Gaffro, xplained the request to construct a 4-car garage ad caretaker apartment above, replacing the existing 3-car garage to be removed. A conditional use permit is required for a detached combination quest house and garage, and floor area variance required for accessory structure. The proposed structure meets the setback requirements. The principal residence has been recently remodeled and this new garage/apartment is designed to architecturally complement the house. It was noted that the lot area of approximately 24 acres is such that the structure could be divided off with a 2-acre parcel, although that is not the applicant's intent. In response to the questioned hardship, Mr. Wildman stated that the existing "shed" contains no storage and their sizeable home and property should have an acommodating garage. lU MINUTES OF THE PLAN-4'.)1G COMMISSION MEETING HELD JUNE 15, 1987 #1143 VILDMAN CONTINUED Brown noted that staff is working on a proposed code amendment regarding size of allowed accessory structures in relation to size of the property. Assistant Zoning Administrator Gaffron stated that this proposal would probably be in line with staff's recommendation. Bellows felt that there should be a covenant minimizing a future subdivision i.e. X number of acres must accompany the principle and accessory structures. Mr. 6 Mrs. Wildman voiced agreement to Bellows' recommendation. Cohen stated he could find no justifiable hardship, therefore would vote to deny the application. Johnson did not feel it was appropriate to tie up acreage with this type of application. There were no comments from the public regarding this matter and the public hearing was closed. Motion 1 - It was moved by Johnson, seconded by Hanson, to recommend approval of the conditional use permit and variance as requested. Motion, Ayes 2, Nays 4. Bellows, Brown, Kelley, and Cohen voted nay. Motion failed. Motion 2 - It was moved by Brown, seconded by Bel lows, to recommend approval of the conditional use permit and variance subject to a stipulation that the principal residence and caretaker house/garage must remain forever on a single parcel no less than 10 acres in area. Motion, Ayes 2, Nays 4. Hanson, Cohen, Johnson, and Kelley voted nay. Motion failed. Motion 3 - It was moved by Hanson, seconded by Bellows, to recommend approval of the conditional use permit and variance subject to a stipulation that the principal residence and caretaker house/garage must remain forever on a single parcel no less than 5 acres in area meeting all setbacks, septic primary and alternate sites etc. Motion, Ayes 2, Nays 4. Cohen, Johnson, Brown, and Kelley voted nay. Motion failed. Motion 4 - It was moved Chairman Kelley, seconded by Brown, to table until t.,c: City adopts an ordinr a with performance standards allowing oversize accessory structures as a conditional use rather than a variance. Motion Ayes 4, Nays 2. Hanson and Brown voted nay. 11 MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 15, 1987 #1143 WILDMAN CONTINUED Mrs. Wildman felt it unfair to delay their application further and preferred to have it passed on to the Council. Motion 5 - It was moved by Hanson, seconded by Cohen, to reconsider tabling action. Motion, Ay--., 6, Nays 0. Motion 6 - It was moved by Cohen, seconded by Chairman Kelley, to recommend denial of the requested conditional use permit and variance (for purposes of moving this on to the Council). Motion, Ayes 4, Nays 2. Hanson & Brown voted nay. #1148 ST. EDWARDS EPISCOPAL CHURCH 865 FM U ALM ROAD NORTH CONDITIONAL USE PERMIT PUBLIC HEARING 5:49-50:02 The Affidavit of Publication and Certificate of Mailing was noted. Representatives Richard C.A. Bell and William E. Martin were present for this matter. Zoning Administrator Mabusth explained the request for a conditional use permit to allow day care/pre-school instruction by the Wayzata School District and the Montessori School of Wayzata to be conducted within the lower level of the church building. The lower floor area of the church consists of varied classroom areas. The specific areas proposed by both agencies for such use have been designated on the floor plan. Each agency would assume use of 2 - 15'x25' class areas divided by adjustable room dividers. St.aff's major concern is the fact that the building is not served by a fire suppression system. The City of Orono adopted Appendix E of the State Building Code in 1962 which prohibits the proposed use by both agencies. ':he maximum student use is proposed at 40 to 54 students and Appendix E would limit the amount of students to 30 unless a sprinkler system would be installed. Staff has recommended that one of the agencies use the facility for day care/pre-school instruction. The area of the classroom would have to be maintained under 1,050 s.f. with walls constructed around the defined classrooms area. The requirement of Appendix E would be satisfied with this plan for operation of a day care/school. 12 MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 15, 1987 #1148 ST. EDWARDS EPISCOPAL CHURCH CONTINUED A representative of the church asked that this application be tabled in order for the church to review staff's recommendation and the interpretation of Appendix E. It was moved by Cohen, seconded by Chairman Kelley, to table this application until the July 20, 1987 meeting. Motion, Ayes 6, Nays 0. #1153 RICHARD ERICKSON i JULIE CORTY 1295 SIXTH AVENUE NORTH VARIANCES PUBLIC HEARING 10:02-10:12 The Affidavit of Publicdtion and Certificate of Mailing was noted. Richard Erickson and Architect Herb Baldwin were present for this matter. Assistant Zoning Administrator Gaffron explained the request for hardcover variances to construct a lakeshore access stairway as follows: 0-75' = Existing 0% = Proposed 5% approx. 1,243 s.f. 75-250' = Existing 29.9% approx. 17,274 s.f. = Proposed 30.3% approx. 17,483 s.f. Proposed stair included numerous jogs back and forth, about 150 lineal feet of stairs and landings in a 75' distance. Stairway includes a number of platforms and benches, two of which appear to exceed 4'x4' standard. Project also included some minor retaining walls. Slope in 0-75' zone is 37.5 feet drop in 75' or 50% slope (2:1), not feasible to climb without some type of stairway. Bellows c`ated that after viewing the site, she agreed that the number of jogs were necessary and appropriate. However, she suggested minimizing the size of the two landings. There were no comments from the public regardinq this matter and the public hearing was closed. It was moved by Bellows, seconded by Brown, to recommend approval subject to the two landing areas be reduced in size to meet the nominal 4' width standard. Motion, Ayes 6, Nays 0. 13 MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 15, 1987 #1155/#1156 LLOYD DRAPER 3955 WEBB STREET/1929 FAGERNESS POINT ROAD VARIANCES PUBLIC HEARING 10:15-10:33 The Affidavit of Publication and Certificate of Mailing was noted. Lloyd Draper and his Architect, John Blumentritt of Resitek Inc. were present for this matter. Assistant Zoning Administrator Gaffron explained the request reviewed the variance requests as follows: #1155 - 3955 Webb Street (Lot 16)- Lot area variance to construct a residence on substandard vacant lot. Lot Area - Existing 0.37 ac/16,100 s.f. Required 0.50 acre Variance 0.13 ac or 26% #1156 - 1929 Fagerness Point Road (Lot 19)- Lot area and lot width variances to construct residence on a vacant lot (this lot contained residence until about 1970). Lot Area - Existing 0.32 ac/13,875 s.f. Required 0.50 acre Variance 0.18 ac or36% Lot Width - Existing 77' Required 100' a a a Variance 23' or 23% Each lot contains a sewer stub and water connection and each has been assessed for footage. only one sewer unit charge was previously assessed. These lots were each granted variances in 1971 but houses were never constructed. The lots have never been combined and are separate for tax purposes. John Weist, 1920 Concordia, feels the lots are too substandard noting that this is a half acre zone and the lots are not even 4/5's of the required area. He noted his lot is 1/2 acre. Dave Slavik, 1913 Fagerness Point Road, agreed with Mr. Weist.. He noted his lot is approximately 3/4 acre. Elaine Peterson, 1921 Fagerness Point Road, agreed that the lots were too small. Paul Berggren, 1895 Concordia, suggested that the two lots be combined to accomodate one house. Assistant Zoning Administrator- Gaffron reviewed the lot size comparison on Fagerness Point Road and Concordia Street; and the LR-lC lot area variance actions from 1980 to 1987. 14 MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 15, 1987 #1155/#1156 DRAPER CONTINUED John Blumentritt stated these lots have always been intended as two building lots noting the two paid sewer and water units. He noted the that the proposed footprint design of houses meet all the required setbacks and did not feel that these structures would be an offensive addition to the neighborhood. Because of awkward shapes of the two lots combined, it would be difficult to make one site flow into another site as a well organized building site. Mr. Slavik noted that the properties have not been maintained by the owner for many years. Mr. Blumentritt stated that they recognize that there have been problems and hope to correct the situation. Denny Williams, 1932 Fagerness Point Road, asked if these lots haC any lakeshore rights? Assistant Zoning Administrator Gaffron stated that the Cit; does ,got recognize any lakeshore rights that these lots wc- 'd 1,ave. Mr. Dr,. .3tated that there is a 6' easement on the certificz�tp of title for both of the lots across the Fagerness Point on part of Lot 27, which a 1 lows him to have a dock. There were no other comments from the public and the public hearing was closed. Johnson asked applicant what prevented him from building in 1971? Mr. Draper stated that the builder died of a heart attack. Bellows felt that the lots were too substandard noting the hardcover shown does not include any decks, garages, driveway, etc. was mo•. ed by Chairman Kelley, seconded by Bellows, -ommeoded denial of the lot area variances in Applic<.tions #1155 s 01156. Motion, Ayes 4, Nays 2. Cohen ✓oted nay stating he agreed that the configuration of the two lots combined precludes a building site. Brown voted nay noting that as long as the house meets the setbacks and hardcover limit it is acceptable and noted the issue of long time ownership. 15 MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 15, 1987 #1157 WALTER F. KRAKE, JR. 1380 REST POINT ROAD VARIANCES PUBLIC HEARING 10:38-10:44 The Affidavit of Publication and Certificate of Mailing was noted. Mr. & Mrs. Walter Krake were present for this matter. Assistant Zoning Administrator Gaffron explained the request for hardcover, street setback, and average setback variances to construct an addition and attached garage as follows: Hardcover 75-250' - Existing = 32.6% - Proposed = 48.6% Average setback encroachment - Proposed 4' Street setback - Required = 35' - Existing = 26.4' Proposed = 28' Staff recommends approval of street setback, average setback and hardcover variances subject to a revision of the proposal to not exceed 40% in the 75-250' zone; and advise applicant that the existing shed near the lake is a non -conforming structure subject to the pertinent ordinances. There were no comments from the public regarding this matter and the public hearing was closed. Chairman Kelley felt that the plan was too ambitious and suggested developing a plan with a 2-car garage and 2- story addition (as opposed to the 3-car garage and 1- story addition as proposed). Bellows also felt the plan was overly ambitious for the neighborhood. Planning Commiss on unanimously recommended a reduction in the proposed hardcover. Mr. Krake felt that the turn -around was necessary for pedestrian safety due to the natural obstruction and hill. Assistant 'honing Administrator Gaffron noted that Rest Point Road has a low traffic level, therefore the turn- around may not be necessary. He also noted that the neighboring properties most likely have similar hardcover levels as proposed by applicant. Bellows noted that she would not base her recommendation upon the hardcover of neighboring properties. 16 MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 15, 1987 #1157 RRAR_ c:ugTINUED After considerable discussion of aIternat.i ves, it was moved by Chairman Kelley, seconded by Bellows, to table the application for an alternative plan reducing the hardcover. Motion, Ayes 5, Nays 1. Planning Commission reopened this application at the end of the meeting to give applicant the opportunity to submit a revised plan. Mr. Krake proposed to eliminate the turn -around, off- street parking, and the sidewalk which would reduce the proposed hardcover to 38.8%. Chairman Kelley felt that the turn -around was necessary. It was moved by Brown, seconded by Johnson, to recommend approval with a hardcover limit of 38.8% i.e. exclusion of sidewalk, turn -around, and parking area from original proposal. Motion, Ayes 3, Nays 3. #1160 WILLARD L. BURY 2695 CASCO POINT ROAD VARIANCE PUBLIC BEARING 11:04-11:25 The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron reviewed the history of the properties ownership and development and hardcover previously approved. Mr. Bury purchased the unfinished structure in 1986 and proceeded to finish the construction, with the stupulation through a developers agreement that the driveway would be reduced in hardcover by installing two - 24" wide pads rather than a 10' driveway, in exchange for added hardcover in a deck, entryway, sidewalk, and back-up apron. Mr. Bury is now requesting a variance for hardcover to allow the full width pavement, the hardship being steep slope, poor winter traction and problems with winter maintenance, and the need to enter Casco Point Road moving forward due to poor sight distance. Willard Bury was present for this matter and noted a disagreement in hardcover where 432 s.f. of gravel was placed directly over the soil with no underlying plastic where staff previously advised him that this would not be considered hardcover. It was determined that. this difference would reduce the existing hardcover to approximately 36%. 17 MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 15, 1987 #1160 BURY CONTINUED Chairman Kelley stated he felt the City has been "had" by Mr. Bury. Bellows felt that the existing deck should be reduced in exchange for approving this variance in order to comply with the spirit of applicant's original agreement with the City. Mr. Bury felt_ that cutting off the deck would physically and aesthetically ruin the entire deck area. He stated that he is not trying to put something over on the City and noted that both his neighbors have more hardcover than he has. He questioned that the City would be liable in a case of a car accident if they deny his request. He stated he could reduce the width of driveway and turn -around. Connie and Larry Kane, 2697 Casco Point Road, stated that they have had a drainage problem since the building of applicant's house began and if this application is approved requested the City require monies put in escrow in that case of additional drainage problems until the new drainage methods have been found to be satisfactory. (Applicant has done work to correct the previous drainage problem, but with the dry weather conditions, it is unknown if this has completely solved the problem.) Bob & Betty Hunt, 2691 Casco Point Road, agreed with the Kane's and explained the history of the drainage problem. There were no other comments from the public and the public hearing was closed. Mr. Bury submitted photos of the existing deck and driveway. It was moved by Chairman Kelley, seconded t,y Hanson, to recommend approval subject to reduction of hardcover to 32.4%. Motion, Ayes 5, Nays 1. Brown voted nay. 18 MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 15, 1987 #1161 RANDY WEESTRAND 525 ORCHARD PARK ROAD VARIANCES AND CONDITIONAL USE PERMIT PUBLIC HEARING 7:21-7:46 The Affidavit of Publication and Certificate of Mailing was noted. Randy weestrand was present for this matter. Note that applicant is purchasing this property contingent upon approval of this proposal. Assistant Zoning Administrator Gaffron explained the requests and pertinent facts as follows: #1161 - a) Lot area variance to build a residence - -Total lot area including road is 5.01 acres (4.76 acres excluding road). -Total dry buildable is about 3.3 acres (1.5 acres wetland approximately and about 0.3 acres open water). -City Engineer and staff recommends redesignation of wetland to follow the assumed 40' contour, leaving a 1.24 acre wetland and 3.52 dry acres. b) Rear setback variance to build a house 67' from the rear lot line (where 100' is required) in order to create relatively flat front and rear yard areas without the need for major grading. c) Variance to keep 2 horses on his 3.5 dry acres (w; -re 4 acres of dry land is required for 2 horses) based on the fact that a good portion of the wetland is actually fairly dry and usable as pasture. #1162 - a) Conditional use pert -it for Iriveway crossing of designated wetland. -Based on the recommended redesignati.on of wetland contour only a minimal amount of grading or fill work wi 11 be needed at the very northern edge of the wetland to accomodate applicant's proposed driveway plan. -City Engineer recommends no fill below the 40' contour of wetland. Regarding contacting the neighbor, Mr. Kokesh, Mr. weestrand stated he was unable to contact him after several attempts. Zoni,ig Administrator Mabusth stated that Mr. Kokesh callid the office today and inquired about the setbacks proposed and voiced his expectation that the City require setbacks to be met. 19 MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 15, 1967 #1161 MEBSTRAND CONTINUED Bellows buildable conditions. voiced concern with determining the dry area based on today's exceptionally dry Chairman Kelley noted the fact that the proposed barn is located in the front yard. He also felt the neighbor, Mr. Kokesh, should be present to voice his objection. He asked applicant why the 100' rear setback for house could not be met. Mr. Weestrand stated the setback was due to a steep hi 1 1 and noted that he could possibly move the house back another 12' placing it 79' from the lot line. Chairman Kelley found it difficult to approve numerous variances for a future property owner, feeling that his opinion would be different if the applicant already owned the property. Brown felt strongly about preserving the rural 5-acre minimum and found no hardship to grant the variance. Johnson felt the intent of the 5-acre minimum was being met, however, the 100' setback should be met. Bellows sta, -d that the code clearly requires 5.0 acres dry and she is against creating a substandard lot in an area for which there is no need to create substandard lots. Cohen felt there was not enough information regarding the questionability of the property being a 5 acre site, the criteria based on this dry year, the objecting neighbor not being present, and concern with the title fee owner, therefore, suggested tabling the application. Fie also noted that he felt the 100' setback should be met. Hanson agreed with Cohen. The majority of the Planning Commission stated they did not have a problem with granting the variance for number of horses, or the common ownership of the property, and would approve the application if the 100' setback was met. There were no comments from the public regarding this matter and the public hearing was closed. Mr. Weestrand requested tha* the Planning Commission make a recommendation at this meeting subject to meeting the 100' rear setback requir(ment. 20 MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNK 15, 1987 #1161 MEESTRAND CONTINUED It was moved by Cohen, ..econded by Johnson, to .recommend approval of variances ( lot area, number of allowed horses, and accessory structure in front yard) in Application #1161 subjact to applicant complying with 100' rear setback requirement. Motion, Ayes 3, Nays 3. Kelley, Bellows, and Brown voted nay. Motion resulted in split vote. It was moved by Cohen, seconded by Johnson, to recommend approval of conditional use permit in Application #1162. Motion, Ayes 5, Nays 1. Bellows voted nay. APPROVAL OF MINUTES It was moved by Cohen, seconded by Johnson, to approve the Minutes of the May 18, 1987 Planning Commission meeting as submitted. Motion, Ayes 6, Nays 0. PLANNING COMMISSION REPRESENTATIVE Johnson was appointed to attend the July 13, 1987 Council meeting. ADJOURNMENT 11:34 P.M. The Planning Commission meeting adjourned at 11:34 P.M. 21 r '" — I INCIDENT NO «CtIVITY CD DATE REFORT LOCATION 870071--V"""AL FFS AEMkRhS REMARKS AL;;Rpq- TIME kECV DISPOSITION 07,0 Fw--- - ' 11 "' � , 87 L) i: frO-IOLN1 NU "L1IV11Y LU URIt Kh1'L)K1 L LIL441 I LW4 87003121 ANIMAL COMP 061687 CTV 6 i JAMESTOWN kEMARKS REMARKS LOOSE HORSE TIME RECV DISPOSITION 1045 ss INCTDE?,rr-NU--ACTTVxvv Cu DAVE REPOR!r-tULA. A UPI 87003123 ALARMS 061687 2160 CTY .-:'-REMARKS- ALARM -TrrIE- RE7CV---D&Sru9I I ION lilt FA INCIDENT NO ACTIVITY CD DATE REPORT LOCATION e /?jR rs & , % bALm &."Kr-ij Vaasa/ 450 DEWRM DR REMARKS REMARKS BIESTERFELVi- ft09S1M-tvWJ1LeW C%rP- "ftAW TIML RECV DISPOSITION INCIDENT NO ACTIVITY CO DATE REPORT LOCATION 87003126 OSSENITV-MS- 061687 LUCE LINE TRAIL REMARKS kEMARKS EXPOSER ON LUCE LINE IL TIME RECV DISPOSITION 1450 AR LI I f ,ri •q 'a A-- J1_IrE 16 ••, I sd7 INCILtN( NO 4CTI'.:1T� CD DATE !+EFORT LOCATION -8700:1 — �RIVT1Vl VIL7C- �J6TE87---'CTY REMARKS — -- -- — — -- REMARKS_ TIME kECV DISPOSITION i INCIDENT NO ACTIVITY CD DATE REPORT LOCATION — 187003128 DRIVING VIOL 0616G7 CTY 6 & FROWN RD N .' REMARKS — REMiJckS — — — 4 TIME RECV DISPOSITION --- — �- --- - — - - — -- r 1830 TT '-INCIDENT` -TICTTCIT'r Ttxw"am--- -- -- ,j 87003129 MISC FUELIC 061667 1363 AR80R FIREk%M9 COPVLAINT .w 1834 SS INCIDENT NO ACTIVITY CD DATE REPORT LOCATION N ! J �r �REMARI S REg • TIME RECV DISPOSITION INCIDENTNO ACTIVITY CD DATE REPORT LOCATION .:, 87003131 ALL OTHER 061687 ARCOLA BRIDGE _. REMARKS BRIDGE JUMPERS/ASSIST 1702 TIME RECV DISPOSITION 1856 58 sr {S� REMARKS CI1 I -it oil .1*1.•:i .". 1 ?ii! INGIDENT NO ACTIVITe CD DATE FEFORT LOCATION -�ao�I aRTv; rlc v : of — Ta iaB r— li"C"T'r-135 FL M�ifah S hEMAFO;S . TIME FECV DISPOSITION :DTo It- -- '" INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 87003136 MISC PUBLIC 061687 1387 ORONO LN : REMARKS REMARKS LOUD PARTY COMPLAINT _ 9 TIME PECV DISPOSITION .� 2-.00 SS _v --- NO—ArTTVTTY CD- DATF KL 'JRT Z"-nTT^"-K ti-INMDENT 87003137 ANIMAL COMP 0616A7 47D51 BAYSIDE -1 :r — y SARKINO DOG �M -T--TTME'nCa.7 V7_.---- 2318 SS 1.. INCIDENT NO ACTIVITY CD DATE REPOBJ LOCATION "A.'-m-o-I31---ALL-UTTTER--U Iitii --L Tim I?-L J:t[TfvII'T7Rt_TiAR4 --- 1% ;� REMwRr.S REMARIcS TIME FECV DISPOSITION INCIDENT v0 ACTIVITY CD 87003144 DRIVING VIOL � kEMAR►"5--- — -- ;• TIME RECV DISPOSITION 11-so TT DATE. REPORT LOCATION 061787 CTY 84 & FARVIEM LN REMARKS F._ INCIDENT NO ACTI'JlTv CD DALE REPORT LOCATION 970C+STfE-- Slr r'CARflr— 9?6T - - '- REMARKS REMAFcr.S f� TIME RECV DISPOSITION INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 87003148 MISC PUBLIC 061787 :090 SHORELINE kEMARKS REMAR►-i TRESPASS COMPLAINT — _-- --- -- _ - -------- 71ME RECV DISPOSITION 1824GA - ----- -- - -- - - - ---------- -- - - -- - ---- -- -- --- - —,.- _ - i - -T"CCTDE 4r-"a -- ACTTVTT7 LD—DATi► f![ROIlr`tOCATTOIr- - - - -- - 87003149 ALARMS 061787 350 TONkAWA i-RLMAftm— -- -- — - REMAws a ALARM ION- 1851 FA INCIDENT NO ACTIVITY CD DATE REPORT LOCATION ,wr•z-�T - REMARKS REMARKS i TIME RECV DISPOSITION i�- ,7 INCIDENT NO ACTIVITY CO DATE REPORT LOCATION 87003153 ANIPM7L COMP 061787 WATERTOWN ti OLD CRYSTAL BAY RD r REMARKS REMARKS .il LOOSE HORSES TIME RECV DISPOSITION 2213----- SS - - - -- - — -- -- - - -- - J •f 1 i J� J.. • cIT. Ur ,a:nNv ,,rNt t�. - :�. I+u� INCILE'•( NO ACTIVITY LD DATE kEPURT LOCATION mrrmL REMARKS REMARKS TIME RECV DISPOSITION -.1 INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 87003155 ALARMS 061887 2440 OLD BEACH RD REMARKS REMARKS FIRE ALARM TIME RECV DISPOSITION .., t ;. 0017 FA - INCIDENT -NO— ACITVITP'La--DPTVRE'PORT- t ;y 87003136 ABAND VEH 061887 3000 M MAVZATA BLVD VEHICLE IMPOUND �I -TTPIE- RECZl —D ON— — -- -- :� 0110 SS =i E`,` I�DINTNO TIVITV CD DATE REPORT LOCATION ;y REMAFc .S REMARKS ovvr- TIME RECV DISPOSITION -D T�ss- r• ': INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 87003158 SICK CARED 061887 146 CHEW CHASE •i REMARh:5 mr_r mr.= MEDICAL MYER, JESSE s.: TIME RECV DISPOSITION :• 0325 SS _ 1ry — r 't � t1i t. I I , �j - " Xlj , .. , I.. *11. 1 'j? INCIL+-147 No ACTIVITY co DAV7 kEPUnT LOCATION 87M31 ST— PT-`MV-7tAA"'OP—DbTEtIT A. 4"ErTo.r REMARKS TIME kECV DISPOSITION �*-1802 RR I F; EMARlk 5 INCIDENT NO ACTIVITY CD DATE REFORT LOCATION 874-%7:;162 ANIMAL COMP 061787 1160 TOWNL!NE RD REMARKS REMARKS TIME RECV DISPOSITION 1" 1000 Ss LOCATION- -- 87003163 DRIVING VIOL 061887 HWY 12 REMPM9 —TTME REL% tYl3r,0311110" TT INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 5.0 LWAVI"s VIM REMARKS REMARKS TIME RECV DISFOSITION IT-Ir INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 87003165 ANIMAL COMP 06ISS7 3745 WATERTOWN RD REMARKS BAw InC, DOG TIME RECV DISPOSITION t415 SS c c- INCIDENT NO ACTIVITY CD DATE REPORT LOCATION d IUV.51 ba Slt-m t-mmmw l'alcmf 11rmum . n Z-L r'vs�• c`�vV RE MARKS REMAR►. S r TIME RECV DISPOSITION INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 87003167 SICK CARED 061887 4119 OAK ST REDS REMARKS MEDICAL SANTEFORT, LUCAS WILLIAM 030314 TIME kECV DISPOSITION .i 1610 SS '-TNC`lDEFWr--NO— ACTIVITY-CD----DRTF-REPOR --tOCATTDr --- M 87003168 DRIVING VIOL 061887 CTY 19 L PF.lrASANT LN .tip--- --- ----- ----..REMARKS ------------ -- -- ----------- - :y 2030 TT INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 4 REMARKS REMARKS TIME RECV DISPOSITION i-- M�1`a ,d INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 67003173 MISC PUBLIC 061997 1380 BOFNS PT RD REMARKS REMARKS r NOISE COMPLAINT i TIME RECV DISPOSITION a0316 SS i�— H .r 01 U% LI t I OF i❑ Ul 10 J,I't IP, I I . 1"it, I INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 1370tM74----RISC PumAr- 1 FtMARKS REMARKS �TDISE-t01'1PC � TIME RECV DISPOSITION INCIULNT NO ACTIv2Tv CD DATE FEPORT LOCATION 87003173 FERMITS/APPS v61987 MEXICAN EATERY REMARKS REMARKS LIQUOR LICENSE TIME RECV DISPOSITION 0800 SS 'INCIDENT NO- ACTIVITY tD' DATE REPORT- LOCATION' -- — — :� 87003176 PI-MV-FAN OF U61987 t+wY 12 & WILLOW OR �M » REMARKS — Pi ACC ai -rTME`-PE V-- DTSPCSTTTOtr— - - - - - --- - -- - --- 0914 SS _y ,1 INCIZ:E?4T NO ACTIVITY CD DATE REPORT LOCATION 8700 ST 78'-—Arn"MAL- iW REMAKE 5 4EMARM:S b-UUM PROBLEM- ------ — -- - - TIME RECV DISPOSITION �rrT— -- --- --- — -- -- - - -- - - - - ix INCIDENT NO ACTIVITY CD DATE PEPORT LOCATION 87CJ03100 DRUG PARAPNE 062087 FERNDALE N 1r CTY 6 ;A REMARKS REMARKS .y a> TIME RECV DISPOSITION 1900 TT �8 L 1 1 r 04' (."!-ffJU JVr1k 1b I,;N7 �i , •0 INCIDENT NO ACTIVITY CD DATE ;-EPURT LOCATION of%'V ,aoa �n..r-wa,a.av-n vo.aoi �w.a.u��ci r t REMARKS REMARKS tlie a4 i. TIME RECV DISPOSITION ?Si2----- -AR-- --- — '! INCIDENT NO ACTIVITY CD Do4TE RFPORT LOCATION ;J 974,103182 TF,AFFIC -GM-D - - - 0o2167 -- — CTY 19 ii VINE PLACE REMARKS REMARKS TIME AECV DISPOSITION W55 AA - I NC I DENT NO ACT I V ITY- -CD—'IIATE"-REPORT—L — 87003177 PI-MV-RAN OF 062297 HMY 12 i OLD LONG LAKE RD M T•TrIE-FED 17ISFUSTTTDR — -------------_ — _. — w Gbza AR -7 INCIDENT NO ACTIVITY CD DATE kEPORT LOCATION �4r 97Oa' TUEF -- WIC . ---OCII Z — r.. -M FtE•.ARK5 -- —REMARI• 9 -- - �7 + TIME PECV DISPOSITION w A INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 974>03189 JUVENILE-ALC v62087 1369 NORTH ARM DR :� kEMf.R► S REMAR► S Dk JUv .r ,a TIME FECV DISF-1- •ITION s 0030 JR et1 • sN 01 ' L�/,. �+ "^mm J'xik u I,a, , /mcxDENT NO wcrIvxr° cm nwms kcpoRr LoCw/xow '' V xtm1:10 pamwwns pErAftm - TIME pscv oxs,ocIrxom ` .. �- xNcxpEm` NO wc,^vx,v CD a/omsx9� rnsspwSm-,S- ow,E rE,OR, 061987 LuCA,;o. mwmrIws 66 � _ - . REMARKS nsmAmwm . TIME pscv nISrosI,Iow Imczos»T No wcrrvrrr`CV- DATE' RVpfnr L`nC*T1mW------ - -------------'----- ------------------------' � 87oozxpz suaP/cIom � 0*19e/ 1740 owwmvwoom - — --- - °my�w�yr ---------------- ---- ----' --'---'-- MAIL TAMPERING t015 AR INCIDENT NO ACTIVITY CD DATE REPORT LOCATION . TIME F(scv oIsposIrIow SRI INCIDENT NO ACTIVITY CEL DATE REPORT LOCATION LAWN MOWER MISSING/LOSS $99 TIME RECV DISPOSITION 1711 AR _ 9 � i, (f v .�t !•,tiU .1l •.� 1- - . 1 t;l i'•elsE ul l INCIDENT r40 ACTIVITY CD DATE REPORT LOCATION _."-87003T9�—�R*VI1Ri"OTOC—Q6 �-•L-R•�-` _— --- REMARKS REMARKS TIME RECV DISPOSITION — • INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 1 87003200 SUSPICION 061987 FOX ST S WILLOW DR REDS REMARK'S CARELESS DRIVING COMPLAINT :1 TIME RECV DISPOSITION 2109 SS N INC I DENT NO - ACTIVITY CC---VATlEREPORT-tuC::T7ON` - - - -- -- — -- -- ---- - — y 87003202 DRIVING VIOL 061997 CTY Sl & CTY 84 r -TTME RELY- D I SFOS I T-TM - — -- — — - a 2150 TT INCIDENT NO ACTIVITY CO DATE REPORT LOCATION �.-87DtiTOT--wrsc- - ;a REMARKS REMAR►'S �1 TIME RECV DISPOSITION .y�rs:s INCIDENT NO ACTIVITY CD DATE REPORT LOCATION •;s 87003204 DRIVING VIOL 062067 CTY 6 it WATERTOWN RD .0 .7 REMARKS REMARKS TIME RECV DISPOSITION 0049 TT _� — , LITr UF• ,1h1040 .II :Ti[ It, ;irr 1-+Fj) t: 1 INCIDENT NU ACTIVITY CD DATE r-EFORT IOCATIi]N - E7 u-.OS- - - S TLti_ L S'T6R TTmTO"1►D--" - REMAkt 5 REMARKS a .: MOT C.. - ---Ott1�JC4; Jr1AftlTR-J - ;,j TIME FECV DISPOSITION INCIDENT NO ACTIVITY CD DATE kEPQRT LOCATION 1 87042211 OBSENITY-MS- 062087 LUTE LINE TRAIL L OLD LA+E RD REMARKS RE!1Akr S ► .i TIME PECV DISPOSITION 154 V AR -INCTDEIWT- NO Acrr"T7 TII-- DATE W,-MFtT` LOCATIOK----- .i 87003212 DRIVING VIOL 062087 DUNWOODY & CTY 15 .d •�-fig--- - ---- --- ------ — - - — ------}�t1ARkS----- a 1810 TT e>r INCIDENT NO ACTIVITY CD DATE REPORT LOCATION �� Foy REM4kK REMA.tkS REMARKS e TIME rL DISPOSITION r +u INCIDENT ,Q ,?.:.TIVITY CD DATE REPORT LOCATION 970OS217 AM MAL COMP 062107 1300 6 AV +� REMARKS REMARKS BARKING DOIF TIME RECV DISPOSITION 0215 SS i :.1 .. A 0 j , l I I v { i t I.r,r� F ;•GE ":I 1 S INCIDENT NO ACTIVITY -.D DATE REPORT LOCATION H70n^Il�---ALAI'!'f5'- 7.285' PRE`NC'F -tA►f REPIARKS .� TIME RECV DI3MSITION _IT1II.:_ —.F INCIDENT NO ACTIVITY CD DATE REPORT LOCATION -J 87003220 ALARMS 062187 3u70 NORTH SHORE REMARKS REMARKS REHAFOIS ALARM TIME RECV DISPOSITION 1553 FA - j INMDENT-N[i-A TE-REP0WTZ'CATTtW- - -- --- — 87003221 DRIViNG VIOL 062197 CTY 15 L CTY 19 M 1755 IT �.+ INCIDENT NO ACTIVITY CD PATE REPORT LOCATION 5 ALI: UTREW— (1671E7-- UR REMARKS REMARKS .I.. T SF —fit -- -- — TIME REC'J DISFOSITION .:1 INCIDENT NO ACTIVITY CD DATE REPORT LOCATION .� 87003223 MISC PUBLIC 062187 CTY 19 L ORCHARD BEACH FL •� REMARF S REMARKS LIFT STATION LIGHT F TIME RECV DISPOSITIONa 1941) SS Y lz t h J '7 L I r+ OF (-JlUf.O J UNE. 1 :. : o. 1'•! :: 1 ., * 014 • INCILENT NO ACTIVITY CD DATE DEPORT LOCATION ! 87cm,!277--'ALARM —`-06ZIBi"—Z�:1iE1¢� CTRCCE'-- REMARKS REMARM 8 .� TIME PECV DISPOSITION �••j INCIDENT Nn ACTIVITY CO DATE REPORT LOCATION 97003275 ANIMAL, COMP 062187 2160 M WAYZATA BLVD REMARKS PEMARtS — STRAY DOG {' TIME RECV DISFOSITICN ,? w15 SS .t rwcTuENT na ACT I V T TP ZIT - DATE F . E90RT-- :r 87003226 TRESPASS -MS- 062187 4�.•v NORTH °SMOF+E jwS x_ 2021 AR ' INCIDENT NO ACTIVITY CD DATE REPORT t_OCAT I ON r -a7c_r_ -- t� - _ "AV pig — — -- �y REMARI-.S RFMARF S CAR F TIME RECV DISPOSITION .j INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 87OU3229 MISC PUBLIC 062287 350 E. OLD LONG LAKE RD +.. .r� REMAkh'S REMAR► S ON BEACH AFTER HOURS --�- . TIME REry DISPOSITION 0005 ww K yr k-- .tvU Jilts ',+. i fti' INCIDENT NJ :.CT;'OITY CD DATE + f'uRT Ln( C:I I }N H7n0 —IMME CUMP --V6?'287— - now F-Tv -a— _ aj TIME RECV DIc.P"=tTION _ - OGL�--- r; ,.� INC IDENT NO ACTIVITY CD DATE REPORT LOCATION 1 87003231 ALL OTHER 06228 SUMMIT CEnETARY REMARKS REM.:RF S ASS'ST OTHER AGENCY/TRAFFIC STOP TIML RECV DISPOSITION .i 0116 SS •i y DENT NL7 ALTSViT9 DA _------_ _ '-� 87�J3233 VEH THEFT-.t 062267 3250 NORTH SHORE DR A — — — ., BORRUIIED CAR NO- `ETIMM" TIME RECV- -r 1525 AR a arj _ INCIDENT ND ACTIVITY CD DATE REPOlt LOCAT IO! -4—REMARKS REMARKSy— narwwca an ruaacaaaaw. u TIME RECV P1SPOSITION .d'-19i5--31 INCIDENT NC' ACTIVITY CD DATE REPORT LOCATION 67003271 TRAFFIC-G91-0 062267 CTY 15 i CTY '9 REMARV.3 ar +� TIME RECV DISPOSITION +. 1740 AA -r— —' w e+l ... REMAW !! F46E 016 • INCILENT NO ACTIVITY CD DATE REPORT LOCATION -87007,27w­ DRIVIM VIL70L tM.C.-of'-My REMARKS REMARKS �V TIME RECV DISPOSITION INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 870i+.',237 MISC 3'UbLtC i+6.ZB: 2305 KELLY AV kEMARK S REMARV9 LOUD MUSIC COMPLAINT TIME R£CV DISFOSITICN 2227 SS '-TNCTDEIRT-T30--ACTTC•TTTCff--DATE -REP0ftr--tOCA TOM ---- •y 8700S2S8 SUSPICION 062287 2:40 W WAYZATA BLVD -- - --- — - --- - -- AEfMRk9---. —_ SUSP VEHICLE •.940 SS INCIDENT 40 ACTIVITY LC DATE REPfJP- LOCATION j .y h REMAPI, S REMARY S TIME RECV D17POSITION a:: INCIDEK� NO ACTIVITY CD DATE REPORT LOCATION 870OZZ40 ALARMS Oa•1287 1665 BOHNS PT RD REMARKS REM,;R> S .« ALARM TIME RECV DISP!lc'TION • • 306 F! I.I i I -. F •_r.,i J'IfjL 16 - '.j+ 1vy7 INCIDENT NO ACTIVITY CO DATE REPORT LOCATION PUBLIC, -l:EW- I-tTr' - REMARKS REMARKS -THICLT-RAFrASSMEN +1 .1 TIME FECV DISPOSITION -�--- —egg---- - INCIDENT NO ACTIVITY CD 87003244 DRIVING VIOL REMARKS + TIME FECV DISPOSITION .. 19LO TT DATE REPORT LOCATION 062:97 CTY 19 & COFFEE 9RIDGE REMARKS :y zj-Tmcmr r mm- ALTTVTTT t'7i - im, m Rr,um Locariaw- 87003245 DRI`-'ING VIOL 062?87 CTY 51 V BALDUR PARK RD 203t, TT ._ INCIDENT NO ACT:'VITY CD DATE REPORT LOCATION REMARKS '.1 TIME RECV DISPOSITION +y INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 87003247 THEFT-f250 L 062t87 1310 ELM REMARKS .j REMARKS PEMARMS S BILE THEFT -i TIME RECV DISPOSITION 2150 AR 1 Up ih Utwl J' At. 16 INCIDENT NO :.t-Tlvl'Y t-D DATE REPORT LOCATION — 87tTD^39-- SIJSPIC!TM----17b:'3wr t EMAR► S REMARKS TIME RECV DISPOSITION INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 87003250 DRIVING VIOL 0627W HWY 12 L LUCE LINE REl%ARKS kE MARf S -IME PECv DISPOSITION H0305 TT --- -- -- ---- --- -- --- --- --- -------- - —---------- '-- :rn.auenr nu "L.) ava) y uv v ,Q 1-1. 1-1 a.... jA7f%03251 DRIVING VIOL 062387 MCCULLY RD 6 LUCE LINE :y REM" -- --- - --------------- - - ---- -- kEMllfchc�----. 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Do"""P REMAFy_S REMARKS ,i TIME RECV DISPOSITION - • LJq�--- - yr— -- — - }� INCIDENT NO ACTIVITY CD DATE REPORT LOCATION ;} 87003266 DRIVING VIOL 062387 CTY 146 i MI*QNETONKA AV REMARKS REMARKS TIME PECV DISPOSITION 1415 TT '-INCIDENT-'NO'--ALTiVTTrTD"— MT-REPUR LULFIrlum_ V 87003267 DRIVING VIOL 062387 FOIL ST 6 MEBBER HILLS M 1630 TT 7ti '.i INCIDENT NO ACTIVITY CD DATE REPORT LOCATION a 4 S F „",E I > a c� REMARKS REMARKS y TIME RECV DISPOSITION lasts 1-04 INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 87003269 PI-MV-RAN 13F 062387 CTY 6 L WINTER REMARKS REMARKS w +1 ., TIME RECV DISPOSITION 6S M . „ s, i-1IY 7)� a•�l,,.) JUKE ►:. _'.,, ► .�; (•,af,E :v ! � INCIDENT NO ACTIVITY CO DATE REPORT LOCATION 87 rT0' : 7 r- —--lgwv=szTm —D vur- REM.aFr S REWAV S - --AT*TrTIME RECV DISPOSITION INCIDENT NO ACTIVITY CD DATE REPORT LOCATION - " 87003274 SUSPICION 062387 1820 FOX ST REMAF& S REMARKS SUSP AUTO --- - - — -- — TIME RECV DISPOSITION 133 SS _ I1VC1DE1�1t-NO— ACTIgiIi-Li7 - DATE RETORT t UCATI0f7 -- -- 87003275 St�apICION vo:387 DICFEY LAKE RD == - --- - --- - - SL19P VENICL.F TTTOR 2159 48 t t INCIDENT NU ACTIVITY CD DATE REPORT LOCATION - ! S FRUP DAMAGE- AREMARF. i kEMARKS TIME RECV DISPOSITION -- INCIDENT NO ACTIVITY CD DATE REPORT LOCATION :i 07003277 ALL OTHER 062387 3000 ISLANDVIEW DR REMARKS — REMARKS .� DEPT ASSIST TIME RECV DISPOSITION 2339 SS 9 Ur 'k• •Ill ':•L Ic. 'l', 1 •J7 INLILEIIT NO ACTIVITY CD DAIS kt — _.TION REnARt. S RENARr.S MEDICS-`_ OAIt^fIC1r-tf1MA-- -- _— - - TIME RECV DISPOSITION 0234- - .^ INCIDENT NO ACTIVITY CD DATE REPORT LOCATION — 871)03281 ALARMS 062487 VAN DALE REDS REMARKS ALARM TIME RECV DISPOSITION 0319 FA --IWC`nXWT-lWT-ACllVlly Cu WE REpmI LOLAISON--- — ,{ 87003282 THEFT-8250 L 062487 1260 SPRUCE 1.f� TiE}'4ifCS--- THEFT OF HYDRO SLIDE " TI 0802 AR INCIDENT NO ACTIVITY CD DATE REPORT LOCATION c - b73% u REMARKS REMARKS TIME RECV DISPOSITION .v .y INCIDENT NO ACTIVITY CD DATE REPORT LOCATION .-Z 87003289 ANIMAL COW 062487 1293 LOMA LINIGA REMARKS REMARKS ..j BARKING DOG COMPLAINT MARTIN. STEVE TIME RECV DISPOSITION 1036 SS e 1� •./ ... �' i'1 1, J. +, :w)U .+u1rE to I'+8! rAGE INCIDENT NO ACTIVITY CD DATE REPORT LOCATION ._97CW13"� iiN RE MARM. S REMARKS : DOG '"TttER; Y� 1•f' ��� TIME AECV DISPOSITION _— •-TITS - �INCIDENT NO ACTIVITY CD DATE REPORT LOCATION ,� 97005291 SUSPICION 062497 1509 LONG LAME BLVD — r. REMARKS REMARKS SUSP PERSONS I TIME kECV DISPOSITION �! 1129 SS ► - -- - — - — — --- -- - — - i' L3 i INCIDENT W - ACTI1-71TY LLI DATE REPORT - t0CATIfW-- T - — �a 87003292 PD-MV FAN OF 062487 CTv 13 CTY SI ;i • - REIIAFF S -- - — - -- --- -- - - - ..- -- - - - -- -- - "EMA".9 ---- - oil L-�-TIM[ =1 T:TSFIISTTTurl —" -- — - - —.- - --lit 1159:vINCIDENT NO ACTIVITY CD DATE REPORT LOCAT:..N REMAFkS FEMARK$ a, TIME RF--CV DISPOSITION r �., INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 67003294 ALARMS 062467 1515 GREEN TREES RD REMAR*.S •M ALARM •r TIME RECV DISPOSITION s I 1220 FA ------ --- - .3l ;A • . I . G I 1 s 6F i &Uf W x-t* lb - :,a. I'ea I F•Ai.;E , S 1 IWADE•IT GG AL i ;'.'I T / CD 'DATE REPORT LOCATION —97 kEMARRS TMErr—C —. --':"T 7LL — .1 TIME RECV D I .SPOS I T I ON . —045--plK— INCIDENT NO ACTIVITY CD 97003296 OT TRAF VIOL REMARKS DALBEC• TROY JABS 0929" TIME RECV DISPOSITION .� 1600 TT DATE REPORT LOCATION 062487 CTY 19 1. VINE PLACE LZILLai REMARM-S EXPIRED PLATES f.-_NC IIDENTNO ACTIVITY CD— DATE "REPORT" LDCATTOR--- - -- - - -- --- — - _.. — — :� 87003298 DRIVING VIOL 062487 HMY 12 L STUBBS BAY RD RE Til°8:'RECV— L'ISFCSITTIIR----------_--- — — — --- _ 1820 TT s INCIDENT NO ACTIVITY CD DATE REPORT LOCATION i e� �I)� ASZT—ST1%W L 3, 115 I TT'ERTOWW- ROAD .j REMAR*.S REMARKS TIME RECV DISPOSITION .1 INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 87003300 ALARMS 062407 2263 NORTH '_:MORE OR .� REMARl.S rEMARMS .. ALARM TIME RECV DISPOSITION .�v06 FA J• 3' L I 1 ,i -NL, Lr;l t • . • F•r,G£ 4.i_4 • INCIDENT NO ACTIVITY LD GATE REPORT LOCATION JJ MTS ---XMSD'- REMARKS kEMARKS 'RG- -- TIME RECV DISPOSITION `-IZCb --- 4CIDENT NO ACTIv1TY CD DATE REPORT LOCATION 00033J4 MISC PUBLIC 0624e7 LUCE LINE REDS REMARKS SURVIELLANCE DETAIL TIME RECV DISPOSITION 13o0 SS tOCA?7QP :,-'21YCIDENT` TIO--RCTIVfTT'CD—' IM 1-1 r 87003306 ABAND VEN 062397 WILLOW OR i, DICKEV LAKE OR --ram--- -- lOu7 55 s INCIDENT NO ACTIVITY CO DATE REPORT LOCATION kEMARKS FEHARKS J TIME RECV DISPOSITION `.l INCIDENT NO ACTIVITY CD DATE FSPORT LOCATIC.. 87003ZOG ;"I-MV-RAN OF 062387 CTY IS i CTY 19 ... REMARKS REMARKS MINOR INJURY TIME RECV DISPOSITION 1643 SS 0 l l f t OF L.t UtNJ � •i. 1 . . , t +'tL:'_: NT NO ACTIVITY CD DATE REPORT LOCATION 87.0,0=09- --7%-.5E 7-_.- - RV_ _- - -- --- REMARKS REMARKS - T AST . A -- - -- - -- - --- - TIME PECV DISPOSITION INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 874303310 MISC PUBLIC O62587 CTY 15 M. 19 REMARKS REMARKS COMPLAINT OF A RECKLESS DRIVER TIME RECV DISPOSITION ✓ 2100 SS -INCIDENT NO ACTIVITT= - DATE-REPORY--LULATT -- 87003311 LUST ANIMALS 062567 2610 Pl*PLE RIDGE LN REMARKS - - - ----- --- -----MMAf�B- - -------- LOST DOG -- P4 2134 SS A INCIDENT NO ACTIVITY CD DATE REPOT' LOCATION ,� `g7•' , ±-�--POULIL FEMr.F+ S FEMARrS LDUtTFA --- - - -- - - TIME PECV D:SPOSITION INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 870U3318 THEFT-0251-0 062687 2571 LYDIARD kEMAkk S FE M:.Pk 3 THEFT REPORT TIME PECV DISPOSITION 1540 AR i L�I'r eM t4i ljl1 JItJIL Ib .'-.I. 1 -97 INCIDENT NO ACTIVITY CD DATE REPORT LOCATION SMTRORa' REMARKS V 1 TIME PECV DISPOSITION INCIDENT NO ACTIVITY CD DATE REPORT LOCATION _ INCIDENT NO MISC PUBLIC ":!e.87 2433 SCOTCH PINE LANE REMARKS LOUD PARTY a� i TIME RECV �. 22i8 COMPLAINT DISPOSITION SS REMARKS REMARK: . 1 1 _ j--iNcTUENT--m ACrm— im--DATE ••1i0!*--'— },� 87003322 DRIVING VIOL 0627E7 ORONO ORCHARD ROAD i MEADOW LANE -j OPEN BOTTLE i81U TT • 1i a: 1 INCIDENT NO ACTIVITY CV RE►OR'. LOCATION 1 i�NO v a OC us- - �T _ REMARM.S _ REMARKS - - �. flP TIME RErV nIGF CITT[1N -17 Ts— MM INCIDENT NO ACT:.ITY CO DATE REPORT LOCATION :K 87003= D.'t'vING VIOL 062787 CTT 13 \ ORONO ORCHARD ROAD �. ., REMARKS - REMARKS UNINSURED MU'C,RIST TIME '.CV DISPOSITION 1545 TT N �.; .>g.yr l IIY L* UkU JLM1t 16 INCIDENT NO ACTIVITY LD DATE REPORT LOCATION �7a63^b -- F DLAJt3 fT201�—IIb?9t+ll — DRUND — REMARKS REMARKS a' TIME RECV DISPOSITION 74, 'INCIDENT NO ACTIVITY CD DATE REPORT LOCATION :1 07003328 SICK CARED 062687 960 S BROW RD REMARKS REMARKS MEDICAL TIME RECV DISPOSITION 'a 0735 SS c: ` TNCAL ULTU ISf- 87003329 ALL OTHER 062687 F, MINTfEImm, PATRICI( ORDSR POR PROTWTION s 1000 SS s • INCIDEIR NO" ACTIVITY Co OAT[ REPWT LOCATION REMARKS REMARKS �1 TIME RECV DISPOSITION r —I� INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 07003332 LOST ANIMALS 0626W 2463 DIAiIDcm S RlMARYS MISSING DOG TIME RECV DISPOSITION !j 045 SS C I T F I ii 010 "I:I:E 16 - !O, 1'i 17 F —A ,: j ii#NT NO ACTIVITY LU DATE FEPORT LOCATION -117r'' i"�'DRI:'TMl --V62511T--" CTT'3t1� - 15 REMARKS r� .; TIME RECV DISPOSITION INCIDENT NO ACTIVITY CD DATE REPORT LOCATION " 87W3336 THEFT-9251-9 u62687 1595 DOHNS POINT RD - -- --- -- FEMARK.9 REMAft.9 THEFT OVER 7250 — H TIME RECV DISPOSITION 1005 AR INCIDETIT NO_- y 8i003Z117 DRIVING VIOL 062697 WY 12 i N BROWN ROAD I c j DRIVING VIO/IMPOLIND 1545 TT r � 4. INCIDENT ND ACTIVITY CD DATE REPCWT LOCATION REMAFwS REMARAS e 1 uum" I tme MEM-1 TI TIME RECV DISPOSITION •d INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 97003340 DRIVING VIOL 062667 WY 12 i OLD CRYSTAL DAY ROAD REMAFr► S REMARI, S :,q SPEED TIME RECV DISPOSITION 2135 TT I v'...4u:d' Ctrs nF I Jf#* Ie - -, I ., 0AtiE -�V INCIDENT NU ACI1N.'ITv CD DATE PEFJkT I OCATION _ -W7OMl=ff —_ Arrc.Tt---rm-m7----rammm w*e�err�rr�nnr--- r REHARKII kEMAP► S 1� TIPE PECV DISPOSITION ' INCIDENT NO ACTIVITY LD DATE REPORT LOCATION 87003347 PI-MV-RAN OF 062787 CTY 6 i NO FARM RD REMARKS _ REMARKS PI ACCIDENT TIME kECV DISPOSITION .�j 0640 SS ca INCIDENT- CDCATTOW---- J87003349 H&R PROP DAN 062787 KEAV£NY DRUG STORE H i PD r't-TTNE'NECv— -- --- — -- — — — -- 1143 SS j "7, I NC I DENT NO ACT 1 V I TY CO DATE REPORT LOCATION ` L REI,q,Fo:S RE MAR► S TIME RECV DISPOSITION r �. INCIDENT NO ACTIVITY CO, DATE REPORT LOCATION .i 97003MI THEFT-i230 L 042787 1397 GROW LANE +• REMAfA.S .y THEFT OF 000 REMARK S i TIME RECV DISPOSITION `,: AR I:,!." I q 37 . I T I ,F JRLM APOE 16 INCIDENT NO ACTIVITI CD DATE REPORT LOCATION 117003'SZ- REMARKS RE"ARV9 r >-� -- --. �: TIME RECV DISPOSITION j INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 87003J53 DRIVING VIOL 062707 1960 LAYEVIEM TEPRACE REMARIcs r EMAFr s i- _ FELONY WARRANT ARREST/DAR '. TIME RECV DISPOSITION 1445 AA "INCTDETTT NO- 13CTTVITY-ClY—rAT£ RETORT ,� 87003354 DRIVING VIOL V62787 CTY 51 L 84 �r •-+-ems -- -- -- - -- - - -- a SPEED --- - - --- - A - T�rv--�rsresmt•Lr---- 1610 TT -- -- --- — — --- -- -- -- _ -- -- --- - - -- - --- a� I NC I DENT NO ACTIVITY CD DATS FAM AT LOCATION 1- a REMARKS REMARKS fKAPPIL. VZOMI low- .M TIME RECV DISPOSITION Z. INCIDENT NO ACT!VITY CD DATE REFMT LOCATION 97003357 ALARMS 062787 1763 FOX ST REMARKS K PWJW.5 w FALSE ALARM TIME RECV DISPOSITION ai 2023 FA mi 1 � 411 I '. •1 fU�117 JI'I.t to 1 :({! I q .E ;1 � IrIL1.A.N1 NO ACTIVITY LD DATE REFURT LOCATION - CT-''T3S60—' DIRIV11412 VIVE. 007707 -CTT -Irs-IXV TEACH ROAD— — Er+aHr.S PFMARlcS A TIME RECV DISPOSITION INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 87007.36• SUSPILION 06:887 WILLOW DR i DICk'EY LAKE OR kEMARW. S RENWtWc! '- SUSPICIOUS PERSON/DISABLED VEHICLE TIME kECV DISPOSITION a OOO4 SS INCTDF'RT NO-V L.0 -DRTK-REPo1NT- LOCnTTOW— 87003368 DRIVING VIOL 062017 CTY 13 i 19 fig--- I�SPEED � � t ii l'1E hE C'.' -MET --- - - --- - _.. __.--�- ----- f !!SS TT � INCIDENT NO ACTIVITY CD DATE REPORT LOCATION -- - J - MEMAPIiS REMARKS TIME RECV DISPOSITION .J INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 97003375 TRESPASS-Mi- 062M7 CTY IS i t9 �• r. :t REMARKS RfMAR/!S TRESPASSERS •M TIME RECV DISPOSITION 1630 AR . 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INN' F:a. 2 INCIDENT NO ACTIVITY CD -- DATE REPORT LJCATION - REMAR►.S REMA" S FIME PECV DISPOSITION t. 1753--- 98— - - - INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 87003378 DRIVING VIOL 062887 CTY 15 6 MILLSTON RD REMARKS REMARKS SPEED TIME FECV DISPOSITION _030 TT :4 TNCTDE1tT -NO - ACT TCTTY' L4 - LflCP1 TTQP► - - - --- - - - - - — - - - -- -------- - - - -- ---- ------ -- - :.� 87003391 DRIVING VIOL 062"M7 CTY 6 6 PLENTYWOOD RD :4 - - - SPEED .�rtrr1�-rccrr-rrsrostTTorr------ - � 1135 TT -��-� ,1 INCIDENT NO ACTIVITY Ca DATE REPMT LOCATION ` 9 REM:4&*S REMAR► S as T114E RECV DISPOSITION -fig---- r — -- --- - --------- _- —.r_ -- _-i .ry INCIDFNT NO ACTIVITY CD DATE REPORT LOCATION 87003385 ESC--Ort-FLEE 062"7 CTY RD • M OF LOTS LAKS ELVD • iy REMv�" S REMAFt.S FLEEING TIPS RECV DISPOSITION 2350 AA -f +' Lit. to ,,k+MNj it11IE 1b ,1� 1`r8T NO ACTIVITY CD DATE FFFt)Ry I.00AIION -87CvC^gs'— --I4T STTS?—I 1R'RTlrt1ROM1f"RD — -- — — — RE"ARI•.S Ft M.iRlkS FVF L 7It l-,Cw --- -- — - — - - — — TIME GECV DISPOSITION INCIU NT NO ACTIVITY CD DATE kEPORT LOCATIUN .• 8701*)L:89 DRIVING VIOL 062997 CTY RD b . REMARKS REMARKS SPEED TIME FEC'J DItiFOSITION 0840 TT . y -TNCIDEW-NCI _ ACTiV7TY tom` -flAiC REPORT- tOCAT2df" --- - - -- --- - --- — -- .- E 87003390 ANIMAL COMP 062997 3630 EILEEN STREET F'AC,,$ t.'- — -- -- -- -- -- --------- - VVft dM, — --- --- --- - ---- KNZW"T, --Uk E DOG AT LAA[111[ — 951 SS -- `— b' INCIDENT NO ACTIVITY CO DATE REPORT LOCATION P.. UIML-W . a a FEMARF S REMARY S �- :1► TIME RECV DISPOSITION INCIDENT NO ACTIVITY CD DATE REPORT LOCATION tiT003'-'.4 THEFT-62W L 062987 3324 NO SHOW DR �. N FEMARF.S REMARKS THEFT FEFORT TIME P£CV DISPOSITION 1250 Wi •y W e to CI T v UM, UNUNU JlniE 16 14". 1 .07 I SMA 4 INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 2"ARE VfFltrTirIRALC— -- REMARt,S f:En.,F kg �}--q$$Tc-T i? TIME RECV DISPOSITION INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 87003796 SUSPICION ve2gS7 HERITAGE I-ANE REMARKS REMARK 3 SUSPICIOUS VEHICLE TIME RECV DII-VOSITION 1400 SS u INCIDENT TYO-- ACTTVTTY--CII- - DATE ""ORY_ t0CATT0M- _ �y 87003400 DRIVING VIOL 062987 HMY 12 i CTY 6 SPEED -TTT'IE-A'E'r'tl- �TSrQSTTTOt>~— - — 1555 TT ,INCIDENT NO ACTIVITY CO DATE REPORT LOCATION 8717cm40,: —1JRTVT1ItT--LTt1lQ 3 j - Rc MApk q REMAM S �n >ccv TIME RECV DISPOSITION all INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 87003403 ALAM" 062967 2240 DEVIN LANE kE MAfw S y FALSE ALARM •w TIME RECV DISPOSITION 1627 FA kEMAR► 9 F WA INa10cNT •40 ACTIVITY CD DMTE REPCiT LOCATION Q7PC�37i __'iiRIfSIC L�062lfT- tTf"AT lZA -� REM04RFS REMARKS rI=, LP' ST".AT Ti="" ------ --- ____. --- TIME F£CV DISPOSITION 'ITr10-.- Sg --- INCIDENT NO ACTIVITY CD DATE REPORT LOCATION REMARKS R E MARK, S SPEED - - - - - - - --- --- -- --- -- -- - ---- ----------- --- -�.. -._� _-- TIME FECV DISPOSITION -.� Leto TT -TNCIDERT NO--ACTT­VlTYT_-M-DAlr. RMORI---- _� 87003408 DRIVING VIOL :M 062987 CTY 17 L CARMEN .-RETCVWS-_-_--- -_ SPEED �- _--_�" +: R -t TiECP- 1905 TT �y INCIDENT NO ACTIVITY CD DATE RiPOW LOCATION rM REMARKS REMARKS TIME RECV DISPOSITION IT . i 1�w INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 07003410 LOST PROP 0e12967 NORTH AR" LANDIND REMARK 3 REMARK. S FOUND SET OF KEYS i TIME RECV DISPQSITION C 2000 -- SS — ------- — -- -- — -- r? _ n C L I ; , ut , .hut, l , u' jt 1 001 f a. k 11+CILFNT NO ACTIVITY CD DATE FEPOR7 LOCATION i' E ••"�TSTT— — wISCrusr-- 'e. Tlut movEr'--' RE M. ko- S �. E MAfr► 9 II'1E RECV DISPJiI'f10N INCIDENT NO ACTIVITY LD DATE REFORT LOCATION - -- _ _-- 8700Z412 FOUND ANIM p6S087 42.g FOREST LA►E DR REMARKS rEMAR►S FOUND DOG. OWNER I•EN CARR TIME RECV DISPOSITION Ov03 SS :i - INC T OEM , NQ — — - 87003414 MISC PUBLIC 063007 FOX STREET LM CARELESS DRIVER INFO 'i -ME "fELZt--t? — -- — -- — - - — -- 0733 SS a INCIDENT NO ACTIVITY CO DATE REPORT LOCATION a ki MARK S R E MAR1k S al i TIME RECV DISPOSITION .y INCIDENT NO ACTIVITY CO DATE REPORT LOCATION ►y 97003416 LIQWR - POs 063007 36Y0 LIVIMSTON • REMAF& S REMARKS MINOR IN POSSESSION OF ALCOHOL TIME RECV DISPOSITION i 1615 TT k s� 3 L I I i UF EAUNU JUNE 16 INCZ.-ENr NO iCTIVITY CD DATE kEPORT LOCATION sTrffrwl r - REM"FkS REMARK! TIME I;t:C.V DlS;:IJSITION '--17 212 —Aw- DATE REFURT LOCATION INCIDENT NO ACTIVITY CO ,-4 87003419 DRIVING V1.% o& 3('d 7 NURTH SHLWtE DR REMARkS REIAAPkS SPEED TIME RECV DISPOSITION 0835 TT 7,--l"Clumml -?M- ACrIvT IT -m Lomrtow - I I 67003422 FOUND PROP 063067 LWEVIEW (AXF COURSE FOUND BIKE 72 1337 SS INCIDENT NO ACTIVITY CD DATE REPCO" LOCATICift ,.- H,,H,lM2X - lf4FFf-2— E- -16TrW, 1- limim REMARI, S REMAROtS HEF TIME RFCV DISPOSITION Z INCIDENT NO ACTIVITY CC DATIE RUMCWT LOCATION 87003423 ALARM 063067 39M NWTH S"Oft OR kEM"WS PlEMAR%9 FALSE ALARM -7, TIME RECV DISPOSITION 2000 FA P*U* '' 3 1NCI:tNT NU :LTIVITY CD DATE hEtlf• 'ION RE MAFP. S F E MA" Is , TIME RECV DISPOSITION �I INCIDENT !40 ACTIVITY CD DATE REPORT LOCATION ---tiii 971N�3<<7 SUSPICION 063o67 LITTLE QAw MA1+FkT r REMA&-ws REMARt S -' HARASSMENT TIME RECV DISPOSITION N �157 SS 1 87003449 ALL OTHER 063067 RIChS 9UPfR ALU .,. Orlin 4s MEIM". •qHN PHOTO LINE V DETAIL 1'CK SS INCIDENT NO ACTIVITY CS DATE REPORT LOCATIOr M S R �— RE MARKS VIM Rf. MAP* 9 TIME RECV DISPOE:TIOr _y �., INCIDENT NO ACTIVITY CD DATE REPORT LOCATION 87003310 MISC PITSLIC 061"7 200 W'—LANDER RD --- ----- �- kEMARAS _ .� POSSIBLE HEALTH HAZARD/MANY MANY CATS kt---- TI"E RECV DISPOSITION Ilk 54 w 0 I INCIDENT NU AClIVIlY LU DATE REPORT LOCATION tM 07-51V -- LvOPIESTYr— lag Otu RM,pot SWT—Imr--- REMARKS kEMARV-S r-OMES=—"TT?FtlPM7'I ON TIME F -LCV DI'POSITION Roy Romer GUVERNOR Oand: Thomas EXECUTIVE DIRECTUR Colorerfa Swle f'e1r U1 rorweeu aurna- of inve,lgerain C"Odo 1 eM E Murceme-1 rrernrrq Academy Unrsnm of (, 1~4t Juslice (j—W� Or Olsd%ter { rnerfinl r Lel.(/�. Dr.,san or { w1 Safely DS COLORADO DEPARTMENT OF PUBLIC SAFETY June 25, 1987 Melvin Kilbo Chief of Police City of Orono P.O. Box 86 Crystal Bay, MN 55323 Dear Chief Kilbo: Chief John N. Dempsey Colorado State Patrol �. 700 Klpling St. Denver, CO 80215.5865 (303) 239•4500 Aq you are aware one of our troop commanders, Lieutenant John Gaspar passed away while at Long Lake, Minnesota. The assistance you provided to Captain Arnold, Major Yarrington, and the Gaspar family was greatly appreciated. Not only the use of the car but the willingness to be of assistance in anyway and the court— ses extended to the family by your officers are above and beyond the expectations of law enforcement. Your support and that of your officers made the tasks we had to perform much more palitable. If there is anyway the Colorado State Patrol can be of service to you in the future do not hesitate to contact us. Sincer , COLONEL trado N N. DEMPSEY ` Chief, C State Patrol JND/dfc xc: Major Yarrington Captain Arnold MOUND POLICE 5341 Maywood Road Telephone 472-3711 Mound, MN 55364 Dispatch 544-9511 LEN HARRELL Chief of Police June 18, 1987 Chief Mel Kilbo Orono Police Department P.O. Box 86 Crystal Bay, MN 55323 NCLI Dear Chief..Y&14e: EMERGENCY 911 Thank you for the support of your reserve personnel at our recent Mound City Days celebration. The event was a rousing success thanks to the help of your officers. The comments have all been very good regarding the security for the race and the parade. We couldn't have done it without all your help. Thanks for your cooperation. Sincerely, Len Harrell, Chief MOUND POLICE DEPARTMENT LH/sh C IL t..l F-� I C, K fbo *),. f C, :T e)tf-cAJ KF �,�� IkA�-,-q UNITED STATES MARINE CORPS MILITARY POLICE COMPANY HEADQUARTERS BATTALION, ITN MARINE DIVISION, FMF, USMCR NAVY MARINE CORPS RESERVE CENTER 9400 BLOOMINGTON ROAD, FORT SNELLING TWIN CITIES. MINNESOTA 55111.4002 Chief Melvin Kilbo Orono Police Department Box 86 Crystal Bay, Minnesota 55323 x Dear Chief Kilbo: 2- , TPC: PJR: rein 21 Jun 1987 On behalf of the Inspector -Instructor Staff and the Military Police Company, I would like to thank Officer J. Marc Fritzle► for his support and his willingness to participate in our training. Officer-Frittler presented an outstanding class to the Military Police Company on the firing of the 870 Remington Shotgun* the 9ma Pistol and assisted us in the practical application phase of the Military Close Combat Pistol Course. It was with his generous assistance that all -facets of our training mission were completed as planned. Attached is a Certificate of Appreciation for a job well done. Please accept our gratitude and sincere thanks. Sincerely, Captain, nited States Marine Corps Inspector -Instructor e Officer J. Marc Fritzler IN RECOGNITION OF AND APPRECIATION FOR OUTSTANDING SERVICE RENDERED THE UNITED STATES MARINE CORPS. THIS PUBLIC SPIRITED ASSISTANCE IS IN KEEPING WITH THE FINEST TRADITIONS OF AMERICAN PATRIOTISM AND LOYALTY. T�+ent First June 87 PRESENTED THE y DAY Of CARTER Captain, United States Marine Corps July 5, 19 87 Long Lake Fire/Res cue Department 1964 Park Ave. Long Lake, MN 55356 Dear Fire and Rescue Personnel, 14-h phol'. I-, 4 77. 14, I".nn"rl;t nr cit�, of ORONO On Ow .'Forth Shot(- of l.ak,-,lfir(ru•tonka Police Department - �t.li. ►;u Ku }Se On Sunday, June 7, 1987, the Orono Police Department received a call of a gunshot wound at 199 Brown Rd. S. , the Gaspar residence. Officer Bruce Anderson and I responded to the call and we requested Long Lake Fire Rescue to assist us. Upon their arrival, the rescue members immediately began assisting us with first aid to the victim, keeping in mind the need to protect the potential crime scene. Rescue members also assisted with emotional support for the family, setting up the landing area for the "Air Care" helicopter and in keeping the area clear of "sight -seers." I suppose those are the reasons Bruce and I requested fire/rescue assistance in the first place. I would have assumed that's where their job description ended. However, while Bruce and I were gatherina information, volunteer rescue members were cleaning up the area where this tranic event had taken place. Without bothering the family, the floor had been washed and the surroundings returned to normal. In addition, a couple of rescue members were willing to stay around a few minutes more to help me search for additional pieces of evidence. I realize that a thank you letter may be past due. Although I've had the desire to put my appreciation in writing since the incident occurred, taking the time to compose the letter was difficult. When I mentioned to Chief Kilbo that I wanted to write this letter, he reminded me that words of appreciation should never be "not said' simply because of a time element. S(rr!'g North Lehe Mono"* (,p/nR1UnOt-5 O! Ofo^t- (o!:.4 Lai-( At nn(WrIPS 8CJ:.h Bnd Str'rrt, Durk Te•h•lehom a ; --1n I n•I�•ete h :.1 I 'e'�1 { Dane e ke m •• !' I I City of ORONO Post (Ilticc lira mil • ('r%gal lix.. \lin•"— S _ ; • \1ur1" e1);e! (lltete•. O►t the Nord, Shore.- of 1,akc .111 ►n,toiika Police Department ..-1,Fm. -� as*Nell,„+ Utne• .. .,� b-ng L44.• \I\ _ , Cif %fil.KIIHO Chict of P011,C The other day when I was at a continuing education class for police officers, we were discussing medicals. I mentioned this incident and several departments commented, "Our f..e rescue would never do thatl" In closing, I know I speak for the entire Orono Police Department when I say that it's a comfort for me to know I can count on compassionate, quick and professional help when I request Long Lake Volunteer Fire Rescue. Sincerely, 6%11,a-. Mary Hen> Patrol Officer Orono Police Dept. ;f':"4 Nantr L&Ae Mmnetanka Lomvno-Pee. re! Olen, 10"; is-e Mennetvn• AL AUTOMATED BUILDING COMPONENTS, INC. COMPONENT PLANT June 25, 1987 ' .. A• 4i Mel Kilbo J Chief of Police Orono Police Department 445 Willow Drive Orono, Minnesota 55356 Chief Kilbo: This is to express our sincere appreciation for the manner in which your department handled the investigation of the break-in and burglary cf our offices. The efforts of Lt. Gary Cheswick were particularly noteworthy and we recognize the amount of time which he dedicated to the investigation. You and your department's ongoing communication with our firm regarding the progress of the investigation has been commendable. As you are well aware over the pest year a number of the businesses in Long Lake's Industrial Park have been the victims of either vandalism or thefts/break-ins this is a manner of deep concern. We feel strongly that a well resourced Police Department working together with the citizens and businesses in the community is the best way to prevent crime. Thank you again for a job well done and keep up the good work. Sincere Ly�; Dick Roush Don Larsen Manager Assistant. Manager DP /DL:chr Arblwi W Wft CMMMts, 1K COMPONENT 0; V I f i U N �avow,w.re�eu RICHARO ROUSH +cxx, +evs,.,'tws Mansr,. long LMkt P O BOX 1 10 2145 DANIEL$ ST LONG LAKE, MN 56356 MN WATTS 1 SAD p48 �e 2146 DANIELS STREET 0 LONC, LAKE, MINN( S01 A 55350 0 1612) 473-7376 Thank you Your remembrance was most klyd � J CITY OF 4' L EDIN 2052 - County Road 24, 19 June 1987 Mr. Mark Bernhardson City Manager City of Orono Post Office Box 66 Crystal Bay, MN 55323 Dear Mr. Bernhardson: IAmeI , MN. II�f 3a I• __ JUN 2 219�7 This letter is long overdue, but it is a very special an(' important letter - to me. Its special because Chief Mel Kilbo has been very special to the Medina Police Department, and important, because Chief Mel Kilbo has played a very important part in the development of my tenure here as a Police Chief for the City of Medina. My first six months as a police chief have been interestiriq and rewarding, but they have also been a tremendous learning experience. Many things have occurred in which I needed direction an] advice, and Chief Mel Kilbo has always been there for me, for support and assistance. Without going into specifics, I just want to say that Chief Kilbo has represented the Orono Police Department eery professionally. Without his expertise and direction, I would have been lost in several situations. I want to thank you, the City of Orono, the Orono Police Department, and Chief Kilbo for all the help and assistance you have provided over the past six months. I hope we can continue to have u-:h a tremendous working relationship, it makes all of our jobs murk easier. Thanks again, please 12t me know if the City of Medina can ever assist you in any way. Sincerely, f a Rick R. Rabenort Chief of Police Medina Police Dept. RRR:kdd cc: file ADMINISTRATIn" 0 PLANNING AND DEVELOPMENT 0 PUBLIC r HKS: 471-4641 / PUBLIC SN ETY: 473-9209 C ITY of ORt )NO Post Office Box fifi0CryHtal Bay, Minnesota 5,M2a0Municipal Offices On the North Shore of Lake Minnetonka July 8, 1987 Curt Quady P.O. box 127 Crystal Bay, MN 55323 Dear Curt, As you requested on April 13, 1987, attached is a summary of costs for engineering, legal, easements, and construction of the Crystal Bay Sewer Project to April. 30, 1987. If you have any questions, please feel free to call me at 473-7357. Sincerely, o n R. Gerhardson Public Works Coordinator JRG/pp Attachmen_ K It r)f%f. i 4 ` { ' k, s 4UMl%ls fk l 110% & F11% .` f 4''1 till • ►t 81 k WORKS - 473.7159 AflSE"I t, 7687.2 CITY OF ORONO EXPENDITURES - CRYSTAL BAY PROJECT AMOUNT BONDED - $900,000 Expenses Posted Thru 4/30/87 Personnel Services $ 3,202.56 Supplies 167.81 Professional Services Auditing/Financial 13,685.00 Legal General 7,968.20 Easements 13,200.84 Condemnations 11,632.14 Appeals 22,932.97 Other 470.93 TOTAL 56,204.98 Engineering Design 45,139.80 Field Service/ Inspection 45,783.90 Easements 4,831.51 Assessments 2,835.76 Other 600.63 TOTAL 99,191.60 Other Consulting 26,863.72 Communications 612.20 Printing 1,116.48 Capital Outlay Easements 28,925.00 Sewer Utility Construction Payments to Date 676,309.85 Estimated Final Payment 32,522.68 708,832.53 $938,801.88 Bond Payments (1985-1986) Principal 50,000.00 Interest 100,490.56 Agent Fees 838.75 $TSI,329.31 MEMO TO: Minnehaha Creek Watershed Di: rict Board of Managers FROM: E.A. Hickok and Associates ' DATE: June 18, 1987 RE: Lake Level, Flow and Precipitation summary for April and May, 1987. Lake levels in Lake Minnetonka have continued to decline through April and May as illustrated by the attached graph and lake elevations. There has been virtually no discharge from Lake Minnetonka into Minnehaha Creek since October 20, 1987. Minnehaha Creek at the Browndale Avenue Dam in Edina has maintained a flow rate of approximately 4 cfs Lhroughout both April and May. This is shown by the Monthly Flow Summary. The 30 year average precipitation for April and May at the National Weather Service Station in Maple Plain is 6.28 inches. The actual precipitation recorded in Wayzata for April and May was 2.06. A summary of precipitation is attached. JULFr - 6 W �� UI 930.00 929.80 929.60 929.40 929.20 Q 929.00 920.80 928.60 v 0 928.40 928.20 W 928.00 927.80 927.60 927.40 927 2U 9'27.00 Minnehaha Creek Watershed District Lake Mika Water Elevations - 1986-1987 NONW(929.4) RUNOUT ELEVATION(928.6) LAKE ELEVATION 07-Jut-86 15-Oct-86 23-Jan-67 03-MW-87 11-A 87 u9- Date ---------------------------------------------------------- MCZ hater ..e.it.,:, S - LOE M; i Gate Elevation Flow t_:e E:aditi:n F: w Da:a c:a-.at:.n F:pw Date E:i.it:an F:cw 929.44 1:` :7--•�q-?o 9:9.34 :: :--:e:-c: 9:3.SIi 75 1:-Jan-67 928.17 0 ::-Jul-86 9:3.4: In :9-�Uq-3s 3:?.'S ;: :'- u:-3o 93.60 79, 30-Jin-37 929.:8 0 14-Jul-86 5:9.'6 1.. :-.a:-=3 -:?. - 1: :`_-'c: __ 5::.:u `.') (444K-57 9:8.40 1) .6-Jul-sb M.'9, 1:5 1: 9:8.715 0 a-J�I-fit:9..J Y:9.:4 0 7 9:3.2 0 e5 ;::. _. :'-n :--- ._. °: 4 :o-Mu-a K3.37 ; :5-Jul-66 K9.:5 `11 li-ap-:b 5:3.-. :t.• :9-_;:-:o _:.'_1 :) ('e-4r-57 9:8.3 0 Jul-Jul-3a 9:9.:? 5:� 19-6t« 26 9:..71 'i "1-)ct-:z ;::.`_' i'-arr-cl 9:9.:5 0 ;:404-h 9:9.1"A ,v ._ :iJ-ee S:_.cb `_ -`:.-: 5:8.:.`• 0 (4-k,q-66 4:3.96 :` :4-5to-95 0:9.97 7z.a/-tw:-a6 9:3.4: 0 :7-Apr-87 9:9.22 �;7-.:c„-Qc 9_n.91 1? :b-�41+-E6 9:3.SU 104 !1-tw-ES 4 2.10 0.5 O4-11ay-87 9:8.22 0 ;i-M.S-6e 9:8.66 11 19-Etp-E6 Ki.68 1:t -ycv-86 93.41 i 1:-nay-37 9:8.:3 0 1:-►.cq-c6 9-1i2 12 01-G:t-S6 41c.8: It cc K5.44 ) : iy-87 927.94 4 15-Aug-66 9/8.62 12 0'-uct-8a 5:2..d 1., -30 :8.3: 4 if-May-37 927.57 0 id-k4-56 92d.8d 1: OtAkt-r6 KS.7i, l:-i a (:3-Jun-67 917.89 0 :I-Auq-66 918.68 11 CO-&t-8o `r:9.�5 l:a 4:8.:8 1!-Jun-67 927.68 0 :`-4:q-S6 9A.84 1: 0ti-fxt-E6 928.1: 14: M011THLY FUN SL1 IARY JLM 18, 1597 GRAYS EAY MUDALE AVE. DAM DATE (cis) (CFS) WRIL 1 0 ?.I WRIL 3 0 FAIL 6 0 4,p AFRIL 8 0 5.0 AFRIL 10 0 4.5 APRIL 13 0 3.7 AFRIL 15 0 4.5 AFRIL 17 0 4.5 4RIL 20 0 .1.5 AFRIL 22 0 4.0 WRIL :4 0 2.8 AFRIL 27 0 3.7 IFRIL 29 0 4.1 MAY 1 0 4.0 MAY 4 0 5.9 MAY 6 0 4.5 MAY 8 0 4.0 MAY 11 0 5.0 MAY 13 0 4.0 'tAY 15 0 5.0 MAY 18 0 4. MAY 20 0 2.5 r„ IY 22 0 _ J. J My 27 0 3.7 Precipitation Summary Actual 30 yr. normal Maple Plain April 0.25* 2.35 May 1.88* 3.93 Mpls.-St. Paul Int'l Airport April 0.16 2.05 May 1.88 3.20 Wayzata April 0.09 May 1.97 *Estimated by State Climatology Office, problems with recording equipment on site. LAKE MINNETONKA CONSERVATION DISTRICT 473-7033 L.M.C.D. MEETING SCHEDULE July - Auguat 1067 �F',. JUL - 11987 juIL Saturday 7-18-87 Executive Committee 7:30 a.m., Park Bench Eatery, Spring Park Wednesday 7-22-87 Directors' Annual lake Inspection 5 p.m., Lafayette Club docks, Minnetonka Beach _._--__aboard Music Man III Saturday 8- 1-37 Annual Conference for Public Officials 11 a.m., Lafayette Club docks, Minnetonka Beach aboard Al & Als 's I and II Saturday 8- 8-87 Monday 8-17-87 Saturday 8-22-87 Wednesday 8-26-87 6-30-87 Water Structures & Environment Committee 7:30 a.m., J. J. Hill's Ironhorse Inn, Wayzata Lake Use Committee 4:30 p.m., LMCD Office, Wayzata Executive Committee 7:30 a.m., Park Bench Eatery, Spring Park Regular Meeting,, Board of Directors 7:30 p.m., Tonka Bay Village Hall n vaoiv" r%JA viJn rvivnr. This year marks the second year of my being Chairperion of West Hennepin Human Services Planning Board. It has been very rewarding to see the growth and change that has occurred these past two years. I am especially pleased with the development of our new mission statement which sets out an important new direction for us. Empowerment sounds like a loft} idea, but for people in our community in their everyday lives it has real mean- ina. We all want to have power over our lives, to feel we can improve our lot, and to get up and out from under our problems. we need to look around and seek out ways to aid our friends and neighbors on how to pre- vent problems and how to help themselves. As we seek this vision of empowerment, we are embarking on a challenging new process. For the first time ever, the three suburban human services boards will be jointly working on a long range planning process. Because of increasing needs and demands on services, we need to get a pi -tore of the future of the entire suburban area while still looking at the unique needs of each area. We are excited about this opportunity to look at the future, to look at ways that ..e can bring our vision closer to reality, and to work closely with the other two human services council:.: as we dream and plan for the future of our organizations. We have had many exciting successes this past year. After several years of advocacy by West Hennepin Human Services, a new program to provide youth crisis housing was developed and received full funding from West Hennepin area corporations, foundations and groups. Operated by The Bridge, it will be a unique program using an outreach worker and volunteer foster homes. We are excited by the development of the Hennepin County Task Force on Youth and Drugs. In response to our advocacy, Hennepin County Commissioner Sam Sivanich appointed this task force to look at prevention strategies. Programs to enhance self-sufficiency and that. makes empowerment a reality such as child care, state jobs programs, etc. have been the focus of our legislative agenda. We actively advocate for these programs that help en- able people to achieve independence. The challenge of being a communications link between our communities and Hennepin County continues as a primp focus of West Hennepin Human Service:, Planning Board. We need our Community Social Serices Citizen Participa- tion Process if we are to assure that we are meeting the real needs of re- sidents such as the over 4,500 west suburban residents who fed and housed their families and the 1,375 househc,.ds who heated their houses with the assistance of our Emergency Services and Energy Assistance programs. Hun - reds of people participate in our community process. These citizens and many others like them who need human services in the West Hennepin area must be able to count on us to understand and advocate for their needs. I have been enriched by the dedication of our board members and volun- teers. I thank them for their wonderful support and cooperation and for using their own power towards the enrichmery and development of the lives of everyone who lives in our comnunt;es. Sus.,111 M. M0�1 r 1 SOn, cha i rpors :r Ho.rr., ,I D,rectors „ viaiury rvn uun ruTUKG This year marks the second year of my being Chairperson of West Hennepin Human Services Planning Board. It has been very rewarding to see the growth and change that has occurred these past two years. I am especially pleased with the development of our new mission statement which sets out an important new direction for us. Empowerment sounds like a lofty idea, but for people in our community in their everyday lives it has real mean- ing. We all want to have power over our lives, to feel we can improve our lot, and to get tip and out from under our problems. We need to look around and seek out ways to aid our friends and neighbors on how to pre- vent problems and how to help themselves. As we s-.�ek this vision of empowerment, we are embarking on a challenging new process. For the first time ever, the three suburban human services boards will be jointly working on a long range planning process. Because of increasing needs and demands on services, we need to get a picture of the future of the entire suburban area while still looking at the unique needs of each area. We are excited about this opportunity to look at the future, to look at ways that we can bring our vision closer to reality, and to work closely with the other two human services councils as we dream and plan for the future of our organizations. We have had many exciting successes this past year. After several years of advocacy by West Hennepin Human Services, a new program to provide youth crisis housing was developed and received full '•nding from West Hennepin area corporations, foundations and groups. taper ,d by The. Bridge, it will be a unique program using an outreach worker an% volunteer foster homes. We are excited by the development of the Heni.epi.n County Task Force on Youth and Drugs. In response to our advocacy, Hennepin County Commissioner Sam Sivanich appointed this task force to look at prevention strategies. Programs to enhance self-sufficiency and that. makes empowerment a reality such as child care, state jobs programs, etc. have been the focus of our legislative agenda. We actively advocate for these programs that help en- able people to achieve independence. The challenge of being a communications link between our communities and Hennepin County continues as a prime focus of West Hennepin Human Services Planning Board. We need our Community Social Serices Citizen Participa- tion Process if we are to assure that we are meeting the real needs of re- sidents such as the over 4,500 west suburban residents who fed and housed their families and the 1,375 households whc heated their houses with the assistance of ou: Emergency Services and Energy Assistance programs. Hun - reds of people participate in our community procF•ss. These citizens and many others like them who need human services in the West. Hennepin area must be able to count on us to understand and advocate for their needs. I have been enriched by the dedication o` nur beard members and volun- teers. I t.ha:.K them for their wonderful support .ind cooperation and for using their own hewer towards they enrichment and development of the lives of everyone who livens in our communties. SuG,in M. Mui r i s-on, Cha i rpor� on Board of Vi rr:A o>rs rating, with 63% of the survey popula- tion indicating they need the service. . ... 1 1 11 • 1 West Hennepin Human Services Planning Board is dedicated to the empowerment of people and the development of human ser- vices to improve the quality of life of our community. To fulfill this mission, we: * provide education: awareness, and linkage among governmental units, consumers, and providers; • provide a participatory planning process which determines needs and priorities; * advocate and coalesce around issues; • influence providers and funders to adequately assist people in need; and * develop, implement, and improve services. Miwvia oartlelpation NN. Every year, new opportunties are created to provide progressively more meaningful citizen participation to help shape a service sytem that makes sense for our community. Two hundred west suburban people have been polled about their needs using a scientifically developed survey. This effort, which was coordinated with the Hennepin County human service councils, resulted in the most complete human ser- vices needs assessment ever done in Hennepin County. Over 100 people who use services in the community were polled regarding the ten se vices they need most. Emergency food shelves received by far the highest Ws/t heantpin huenon /ttwict/ planning beard This year a new element introduced to the West Hennepin Hi Services citizen participation process;: the focus group interview. The technique allows for moving quantative data obtained from surveys and client counts to a qualita- tive stage by stimulating a group to formulate creative solutions to meeting human service needs. West Hennepin Human Services board and staff members have put several recommendations in motion as a result of the first focus group interview held in January. Staff- ing changes were proposed for the Ridge - dale Social Service Center and a volun- teer program was designed that would assist residents in accessing what can be a complex and intimidating service system. Four geographically based focus groups and a survey of west suburban mayors will be completed before the west suburban priorities for human services are presented to the County Commis- sioners during the Hennepin County bud- get deliberations beginning in late summer. The steps West Hennepin Human Services is using for the current citizen parti- cipation process are: • a review of local research * survey of irea youth * a survey of the general public * a survey of human service consumers * focus groups on emergency services, families, transportation and jobs * a provider input forum * presentation of research priorities to Hennepin County Community Ser- vices Managers and the County Hoard * monitoring the formulation of the 1988 Hennepin County budget. Besides communicating service priorities to decision makers, West Hennepin Human Services relates issues raised by the community with regard to human services. The four themes repeated at most com- munity input meetings are: access to services: affordability, coordination and quality. West Hennepin Human Se. - vices has stressed that these are all essential elements in providing com- nunity services with public minds. SERVING: Iteephave-n Excelsior Orono Nopk i n, P I h Independen. e **t . Lois s 1'.,ry 1 nre[ t v shorcwOod Mapl. Pl iin Tonka Yiv Me it Ind Way.- t.I 41" Yttoon ow4five !•VIA it. I,,vI/ pock, eninnttolo $541O O20 —5553 = 11 � • 11 = 1 "Basic Tools: Survival Skills for the Unemployed and Underemployed" continues to be distributed both inside and out- side the west Hennepin service area. Staff has completed a marketing plan to identify publishers who would be inter- ested in publishing and marketing it and is currently implementing this plan. Other projects have included Board and staff participation on the Employment Action Center's Advisory Council, lead- ership in Jobs Now and very active sup- port of State Legislation to continue the MEED State Jobs Program. In addi- tion, a member of West Hennepin Human Services participates on the Hennepin County Private Industry Council, the group responsible for reviewing project:= funded by the Jobs and Training Partner- ship Act. rvl � ducatloo .�N ,.,.�.., Each month West. Hennepin Humar. Services takes approximately 75 information and referral calls. During 1986-87, we also provided the following services in re- sponse to requests: letters of support (after careful evaluation), technical assistance (an average of 12 requests per month), and presentations to commu- nity groups and churchs. These present- ations have been atout such subjects as human services resources, legislation, suburban poverty and emergency needs. We continue to distribute our direct- ories of services that we publish. Our "Directory of Human Services" has been updated and will be publi.shed in 1987. We continue to actively participate in and provide leadership to Providers West, a service coordinating group started by West Hennepin Human Services to West. Hennepin Youth Services Pro- viders, a forum and networking group re- garding youth issues and services; and the Suburban Hennel.-)i n Mental Health Aftercare Providers, a coordinatinq group of mental health oftorf-Are pro- viders who are concerned .►bout service—, nL'-ds and public policy about ;nt,n' a I health serv►cv. West hcnnvpi,i ;?um•au Services Council (alon; with two suburban human sery t rv!, is coordinatioq an effort to br: i, 7ur managf-ment t r:i i n i n.a r)F•F(.)rt tan i ; 1, , t suburban agencies through the United Way Management Training Program! A special forum for area agencies entitled "Grab- bing for the Doilar" sponsored by West Hennepin Human Services looked at the issues of coordination of services and its effect on the competition and need for funding. West Henn -pin Human Ser- vices participated in c� pecial coord- ination task force with the two suburban human services councils and Community Action for Suburban Hennepin to better define our roles and coordinate our act- ivities. Along with the other two sub- urban human services councils, we spon- sored a services coordination meeting of all suburban energy assistance, weather- ization, commodities distribution and emergency services providers to look at how we could better work together. A report released from this meeting re- commended issues to examine. .N. n i.ls.I, A new area of involveme or West Henne- pin Human Services was the issues of low income housing. The project, the Housing Resources Coordination and Advocacy Pro- ject, was a six month effort jointly sponsored by the threL suburban human services councils. Commun_ty Action of Suburban Hennepin provided $19,000 in funding for the project which was staffed by West Hennepin personnel. The three council directors supervised the staff. To assist in this effort the Suburban Hennepin Low Income Housing Ad- visory Committee composed of approxi- mately 30 individuals was established. These people represented a variety of groups including the low income, housing Service providers, local housing and re- development authorities, governmental units and local community groups. The project identified resources and services currently available in the area analyzed and documented local tcousing needs and initiated activities to inform the suburban community of these needs and services. Specific activities under- taken by the project included the print- inq and distribution of two newsletters to .a mai 1 ing list -)f over 800 indivi- dual,; .and agvric r es , the publication and dcstrrbut inn of 2,()00 copiers of "Home Sweet Home: P. Guide To He,F. You rind Affotd.able Housing", and thr ::ponGc rah►p (:t .2 LOW lnrr,mt' Hou. l:icl 1',)r :m ""•.'oo Fil,a T°, '1'-.u'kIq�". k(-( ,mmendat ion-, ny ahly pro— alition of local groups to promote a greater level of governmental involve- ment at the federal level, increase the community's awareness of low income housing issues in suburban Hennepin County and coordinate these activities with other groups in the state. In addi- tio; t recommended that the State de- velop a comprehensive housing policy, that technical assistance be given to out -for -profit agencies to provide low cost housing in the suburbs, promote the development of home sharing programs in the area, and promote the development of a coordinated client assistance service to help with housing problems. West Hennepin Human Services along with the other suburban human services councils is cu rently pursuing several strategies to in.,lement these activities. 7ft4lROL West Hennepin Human Services continues its commitment to health issues. In February, West Hennepin Human Services released a re,-urt on Community Health needs and issues and presented it to the Hennepin County Community Health Ad- visory Committee. We provided technical assistance to a group seeking to develop a block nursing program in St. Louis Park and monitored legislation on health insurance for the working poor and home health licensure. As a follow-up to our last year's "Delicate Balance" confer- ence on the effect of health care fi- nancing on the quality of mental health and chemical dependency care, we organ- ized and provided leadership to a work- ing committee that looked at strategies for chan-,•r i.-i ._.. area. For the seventh year we have sponsored a' nq with the other two suburban human service councils, the energy assistance program. The three (3) councils served 4,350 households during the 1985-1986 heating season. The average grant was $156.00. The total allocation was $1.97 mrr -in with $1.55 million for heating a, tnce, $40,000 for emergency re- p-, to Furnaces and $84,000 for crisis asbistance where the energy a:.•srstanrt- graut was insufficient to avert fahut - ofis. Funds from Community Action for Suburban Hennepin supported many of the outreach act.tvit res for this l ro(iram. In the west Hennepin area 1,375 house- holds received grants for heating as- sistance. Emergency repairs were pro- vided to 15 households and 77 households received crisis assistance. Again a key ingredient in the delivery of this ser- vice were the 40 volunteers who contrib- uted approximately 1500 hours of service including telephone screening and intake interviews. Intake sites were located in Exce.sior, Minnetonka, Hopkins, Ply- mouth, St. Louis Park, Mound and Maple Plain. As of mid -May, the 1986-87 Energy As- sistance Program served 1084 with an average grant of $420.00. Much of the decrease in participation this year to the previous year has been due to the extremely mild winter, the secona warmest for Minnesota since records were kept. With this warm weather many people did not feel the need to seek assistance in meeting their energy pay- ments. The reliance on volunteer assist- ance continued. A group of 30 volunteers many who have worked with the program 5 or more years, provided almost 900 hours of work. appreciation the three human service :i:icils sponsored an ap- preciation lunch -ind matinee performance at the Old Log Ti,ea*er in late April. ,,s part of our continuity-; efforts to ad- dress problems relating to the energy problems of the low income, West Henne- pin Human Services supported legislation to expand funding for weatherization and protect renters who have ::hared meters. In addition, Nest Hennepin Haman Ser- vices has provided leadership to the Suburban Energy Issue Task Force, a group representinq municipalities, and other groups interesL­4 ire promoting weatherization and oth, inservation activities in suburban Henn County. This group sponsored the "Noi: -)rove ment and Conservation Coo. ion Forum" with a goal of promot.ng 9, coordination between the vari•us orgat, zat.ions involved in this effort. Pre- sentations were made by representatives from Senator Durenburger's Office and the Energy Division, Department of Public Service. During this past year, we received two community energy council o•,ants from the Department of Public Service to provide conservation programs to Plymouth, St. Louis Park, Tonka Bay, Medina, Maple Grove and Robhinsdaly. These grants total approximately $33,000. They will he used to administer the Doctor Program, enc,rgy workshops, v In ad- dit ion, Mrnnvcl..,:>:•o has per. •r.deed the funding •o pay fol 50 houaehoida in each commun b y to receive t he House cxx t.nr . rh1:, fundtnq totals apprrlximAtely $ 12.' , 100 . 00 . In 1986, our Emergency Services Program provided food to 3,729 people, shelter to 152 people, and emergency transport- ation, housing, clothing and utility as- sistance to 1,632 people. Phis program is designed to provide assistance to people in crisis who are without other resources. This is a cooperative effort with STEP, Interfaith Outreach, Inter - church Community Association and Westonka Christian Services with assist- ance from First Call for Help, YES, 1' local police departments, Home Free and Sojourner shelters, and Jobs for Families. The ;.,rogram was funded by Hennepin County, Community Action for Suburban Hennepin, Federal Emergency Management F.dministration and the Minneapolis U,iited Way. Demand for these services continues to be high, and econ- omic con *raints on people who are using the programs seem to be more difficult. West Hennepin Human Services provides coordination and technical assistance to the four emergency service programs in order to assist the program in being more effective. In conjunction with this program, we received a grant from the Minneapolis Foundation to expand services to clients of the program. It has enabled West Hennepin Human Services and area providers to offer advocacy training, financial and nutrition classes and to provide better community education about suburban emergency .eeds. In addition, West Hennepin Human cervices is in the proces3 of doing a community research report around econ- omic assistance issues and needs. Demo- graphic, service useage, key informant and other data have been gathered, and recommendations developed. 0A ♦c •� ►— West Hennepin Human Services and Music - land Group co -sponsored the Illusion Theater's production of "Family". Over 300 people attended the performance on the evening of November 10, 1986. "Family" was created specifically to prevent family violence and to make the audience think about how families can be made stronger. Both issues are high on the priority list of West Hennepin Human Services. West Hennepin Human Services coordinat-,d a community rased effort to develoi, youth crisis housing resource for the west suburban area. Area police, school social workers, church groups and youth service providers approached The Bridge for Runaway Youth about expanding their services to our area. West Hennepin Human Services and The Bridge jointly wrote a proposal which sets up a network of volunteer foster homes in each of the six area school districts, provides a 24 hour crisis outreach worker and connects families with area helping professionals for ongoing counseling. The program re- ceived full funding from west Hennepin - based corporations, foundations and groups. Chemical abuse early intervention and prevention has been a long standing priority for human services funding. West 'iennepin Human Services worked with Commissioner Sam Sivanich whn ultimately gained unanimious support from the County Board for creating the Hennepin County Task Force on Youth and Drugs. This task force is designed to reduce the de- mand for, and supply of alcohol and il- legal drugs. It includes represent- atives from the chemical health com- munity, law enforcement, legal system, educators, business, law makers, clergy and teenagers. The perspective and bal- ance built into the task force will pre- vent future policy changes from nega- tively impacting on other segments cf society and will broaden ownersh'n of prevei ion efforts. A major activity of West Hennepin H-im•, t Services is our active support for sta legislation that meets the needs of area residents. The year we developed a leg- islative agenda of areas to support and actively advocated for legislatiot:. We also provided leadershtn in a Joint Leg- islative Task Forc the Suburban Human Services Cot. rd Community Action for Suburban ti, and several state-wide human se, legislative cop.,,:ons. In addit were in- strumental in organiz; statewide group that looks at in, ve welfare reform ideas. We also con ..iue to moni- tor Federal human services legislation. This has been a active year in the in- ternal development of West Hennepin Human Services. At our annual Baord re- treat and at two follow-up meetings, we went through a process of re-defin4ng our mission statement. A new mission statement was written and approved by the Board. We rem -wrote• our work plan utilizing the new missi i statement - l are now developing a long range plan process. This wi 11 be a local wo .t Hennepin process as well as including a Joint long-range planning process with the other two suburban human services councils. -" L 1� L MMwN• � !;f6nding n qb A special thank you to the following for financial or in -kind contributions which supported the activities of West Hennepin Human Services Planning Board ''ring the past year: • Hennepin County * City of Deephaven * City of Excalsior * City of Hopkins * Citj of Independence * City of Loretto * City of Maple Plain * rity of Medina • City of Minnetonka * City of Orono • City of Plymouth • City of Shorewood • City of St. Louis Park * City of Tonka Hay * City of Wayzata * Minnesota Department of Jobs and Training * St. Louis Park Public Schools/ Community Education Department * Federal Emergency Management Administration * Community Action for Suburban Hennepin * United Way of Minneapolis * Minneapolis Foundation • Hubert H. Humphrey Foundation * Springhill Conference Center * Management Assistance Program * Minnegasco * Minnesota Department of Public Service " Hands Across America • Metropolitan Bank Group, Inc. * Nutech Engineers * Norwest. Bank Metrowest * Klaus Oil Company, Inc. " Wright Hennepin Electrical Assn. * Rettinger Brothers Oil Company * William H. McCoy Petroleum Fuels, Inc. • Old Loy Theater and serverAl generous West Hennepin Human Services Board members. A copy of an audited financial statement is available upon request. r "NN• uu nni�u CHAIRPERSON - Susan Morrison VICE CHAIRPERSON - James McDonough SECRETARYi'TREASURER - Anita Voqel EXECUTIVE COMMITTEE - Guy Detlefsen, Trish. Herbert, Jim McDonough, Robert Malooly, Pot Meyer, Susan Morrison, Anita Vogel BOARD MEMBERS - Cathy Andrews, Gunilla Bjorkman-Bobb*, Florence Bogle, Irene Bryant, Tom Busch, Myrtle Dahle*, Guy Detlefsen, Ramona Emmer, Susan Gold- stein*, Meg Grove, Mary Hathaway, Kathy Hendrickson*, Bruce Lindberg*, Bruce Lindberg*, Bcb Malooly, LaDt!an McWilliams, James McDonot.jh, Pat Meyer, Sue Morrison, Michael Noble, Grace Norris, Zoe Ann Palmer*, Kate Perkins, Sally Polk, Mary Powell*, Jennifer Sam•,' , Patty Strong, Tom Sweeney*, Anita Vogel, Helen Watkins, Dale Woodbeck * Resigned or term of office completed M.• Jennifer Blevins Tom Bownes Amelia Brown Ingrid Choin Nemzek Warren Finne Lo:: Gunderson Bruce Larson Ann Rollins Marcy Shapiro Anita Vogel Energy Assistance Staff: Bernice Eicher Esther Hull Kristine Roe Linda Terrell I 1 I I ; 1 •;I- I I 1 1 1 1 I I 1 1 1 I I I i \ \ \I 11 \ • 1 � 1 \ � 1 \ \� i \� \ i 1 Gat;Nrlt MEEi1N6.:.: ,, ; JUl 131987 1 t I I CITY nF pPGNO 1 �1 1 I 1 I , I !' 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