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Home My WebLink About10-12-1987 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 12, 19J7, 7:00 P.M. (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Counci 1 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 wh%�F,h .tray, �._ob fined '11.� upon request from the Recorder. VA � 1 ROLL CALL r ; i i. , IS97 1. CONSENT AGENDA* ,wrof oRaNO APPROVAL OF MINUTES * 2. Regular Meeting of September 28, 1987 PLANNING COMMISSION COMMENTS - Paul Taylor Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 3. #1090 R. W. Hollander, 200/250 Hollander Road - Subdivision 4. #1193 Thomas P. Huber, 2615 Shadywood Road - Variance - Resolution 5. #1196 B. Heinze/D. McGreevy, 3405 Eastlake Street - Variance - Resolution 6. #1198 David Rahn, 1134 WildhULst Trail - Variance - Resolution 7. #1202 Paul Schueller, 1280 Spruce Place - Variance - Resolution 8. #1200 Thomas Scherber, 1820 Shadywood Road - Variance - Resolution 8A. #1184 Gerald T. McCourtney, 1055 West Ferndale - Variance - Request to Amend Previous Approval - Amended Resolution MAYOR'S REPORT CITY ADMINISTRATOR'S REPORT 9. 1988 Meeting Calendar/1988 Board of Reivew Date 10. Deer Hunting - Baker Park - Ordinance Amendment *11. Woodhill Avenue/Project Progress - Resolution *12. Woodhill/Lot 3 Easement Agreement *13. Requ-st for Payment #1 - Allied Blacktop *14. Police Officer Appointment - Charles Schauss *15. C.D.B.G. Agreement Amendment - Resolution *16. Administrator's Information 3536 Lyric Avenue 1972 Shadywood Road 3946 Sixth Avenue North 2160 Wayzata Boulevard 200 Hollander Road 3405 Shoreline Drive September Goal Statu', Riparian Easement CITY ATTORNEY'S REPORT LICENSES (17*) BILLS (18*; ADJOURNMENT i1_ 1?j�P/ MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 28, 1987 ATTENr%NCE 7:00 P.M. The Orono Council met on the above date with the following members present: Mayor Grabek, Councilmember Goetten, Sime, and Callahan. Councilmember Peterson arrived at 8:34 P.M. The following represented the City staff: City Administrator Bernhardson, Public Works Coordinator Gerhardson, Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, Chief of Police Kilbo, and City Recorder Peterson. City Attorney Blatz and City Engineer Cook were also present. CONSENT AGENDA* It was moved by Councilmember Sime, seconded by Councilmember Callahan, to approve the Consent Agenda subject to removal of Item #i24A - Rejection of Hackberry Park Well Bids. Motion, Ayes 4, Nays 0. RESOLUTION OF RECOGNITION -Mayor Grabek read and presented to Police Reserve Officers Sullivan and O'Brien Resolution ##2261 "Commendation to Police Reserve Officers Peter Achey, Greg Sullivan, and Randy O'Brien" for their assistance in the apprehension of an individual for indecent exposure on the Luce Line. Mayor Grabek read and presented to Officer Mark Thomton Resolution #12260 of "Special Commendation" for his assistance in talking a suicidal person in another jurisdiction out of committing suicide. APPROVAL OF MINUTES* It was moved by Councilmember Sime, seconded by Councilmember Callahan, to approve the Minutes of the September 14, 1987 Council meeting as submitted. Motion, Ayes 4, Nays 0. LARK MINNETONRA CONSERVATION DISTRICT REPORT LMCD Representative Jo Ellen Hurr reported on the following issues: Executive Director - Executive Director Frank Mixa has resigned effective January 31, 1988. Applications for this position are being accepted through October 15, 1987 with plans to fill the position by December 1, 1987. She noted that approximately 40 applications have been received but she has not personally reviewed them. Comprehensive Plan - The LMCD is currently working on a Request for Proposal for the Comprehensive Plan and she will be reporting back to Council on this. Regardinq the funding for the Comprehensive Plan, they hope to receive some grants and assistance from the Met Council. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTENdER 28, 1987 LMCD REPORT CONTINUED L.M.C.D. Legislation - The LMCD cho.;e not to submit a legislative package for the 1987 Legislative Session, and are currently looking at a possible 1988 Leygislati a package. Public Relations - They are c,trre:?*, ly worki.ig on a Public Relations program, howevar, aie rbct hiring at this time. Currently they are uti'' .., ng in3,.vidual City newsletters etc. Councilmember Goetten noted her concert: with the LMCD's desire to be involved in lakeshore zoning matters. She felt the City of Orono sets a good example for protecting the lakeshore property and personally was against another government body getting involved in the lakeshore zoning matters. Jo Fllen Hurr noted that the main cr--,.ern for this was having the ability to deal wi issues such as dilapidated docks etc. and needing . ome control to tax back the cost of removal of such structures based on some shoreline square footage. She stated that she will be reporting back to Council on this issue. She wi 1 1 not be reporting to Council in October because she is going to Europe to study waste control composting sites. PLANNING COMMISSION COMMENTS Planning Commissioner Ed Cohen had no comments at this time. PUBLIC COMMENTS There were no comments from the public. i734 GEORGE STEINER* 700 SIXTH AVENUE NORTH RENEWAL OF CLASS I METES AND BOUNDS SUBDIVISION RESOLUTION #2262 It was moved by Councilmember Sime, seconded by Councilmember. Callahan, to adopt Resolution #2262 renewing approval of a Class I Metes and Bounds Subdivision for property located at 700 Sixth Avenue North. Motion, Aves 4, Nays 0. N MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 28, 1987 #1163 JOHN MCDOWELL 1255 WOODHILL AVENUE FINAL SUBDIVISION RESOLUTION #2263 John McDowell and Henry Kingman of the Woodhill Country Club were present for this matter. City Administrator Bernhardson explained that the developers have completed ell preliminary plat approval requirements for the five lot plat of Woodhill Ridge, except for the agreement with the City that wculd stipulate the applicant's share in the improvement costs for Woodhill Avenue. Staff recommends that final subdivision approval be conditioned upon; a) that the Outlot be combined with Woodhill Country Club property, and b) an agreement on the applicant's share in the Woodhill Avenue improvements. John McDowell voiced his concern with the delay involved with condition "b" noting that he would like to commence road construction prior to the upcoming cold weather. He stated that he is willing to sign and do whatever is necessary regarding paying their fair share of Woodhill Avenue improvements. Henry Kingman stated that they are also anxious for this project to begin. City Administrator Bernhardson explained tha: in n der to protect the City's liabilities the applicant'.: 'fair share" should be agreed upon prior to constructio.,- Mr. McDowell noted that the main reason fer upgrading Woodhill Avenue was based on safety reasons, whereas "all" will benefit from the safety standpoint of upgrading Woodhill Ave., not just his development. He felt that the public hearing process could take months to resolve who pays what and what is fair. Mayor Grabek asked if there was some way to protect the City's liability and accomodate Mr. McDowell? City Administrator Bernhardson stated he would be able to better address Mayor Grabek's question after the meeting with Mr. McDowell and his attorney on October 1st to discuss the engineer's feasibility study. He also explained the conceivable problems in reaching a "fair share" agreement among all involved i.e. City, applicants, and residents. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 28, 1987 #1163 MCDOWELL CONTINUED David Lindstrom, 1315 Woodhill Ave, stated that his property abuts Woodhill Avenue and Orono Orchar:l Road and he could feasibly access off Orono Orchard and therefore feels no responsibility toward paying for the upgrading of Woodhill Avenue noting that it would not enhance or benefit his property. He noted that the upgrading is solely due to the Woodhill Ridge development. Mayor Grabek agreed that although Mr. McDowell seemed quite open regarding paying his fair share, it would be best for all concerned to settle the issue prior to road construction. City Administrator Bernhardson noted that should the settlement be drawn out, staff will present the issue again for Council reconsideration. City Administrator Bernhardson explained the issue of access for Lot 3 which is proposed to access through the private road serving Woodhill Country Club over the railroad tracks; and should the railroad access ever be closed off by the railroad an alternative access is planned across Woodhill Country Club and on to the public road. However, this is a very stringent agreement with Woodhill to protect the access for Lot 3. It was moved by Mayor Grabek, seconded by Cuuncilmember Sime, to adopt Resolution #2263 approving the plat of Woodhill Ridge conditioned upon execution of a suitable agreement between the City and the applicants regarding payment for Woodhill Avenue upgrade; and combining Outlot with Woodhill Country Club property. Motion, Ayes 4, Nays 0. #1184 GERALD MCCOURTNEY 1055 FERNDALE ROAD WEST VARIANCE RESJLUTION #2264 Gerald McCourtney was present for this matter. City Administrator Bernhardson explained the request to construct additions to bathroom, family room, dinette area and laundry room requiring a 1.5% increase in 75-250' hardcover and 15' side setback variance for bathroom addi`ion. Planning Commission recommended approval and no negative comments from surrounding neigh ors have been received. It was moved by C:ouncilmember Goetten, seconded by Councilmember Sime, to adopt Resolution #2264 per staff recommendation. Motion, Ayes 4, Nays 0. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 28, 1987 #1188 SHELDON KAPLAN 2695 BELLY AVENUE VARIANCE City Administrator Bernhardson explained that the appl icant owns Lot 1 (.52 acre) and Lot 2 (.62 acre) which total 1.1 acre and never were combined for tax purposes. Applicant is requesting a lot area variance for Lot 1 to create a buildable lot for a single family residence in a 1 acre zone. Lot 1 is intersected by the shoreline of Lake Minnetonka which leaves only .39 contiguous acre in area. If Lot 1 is allowed to be built on, Lot 2 containing the existing house will recuire lot area and hardcover variances. Both lots have been assessed and are served by sewer and water. Planning Commission recommended denial of the request. David Karan was present representing Sheldon Kaplan as his legal representative and law partner. F:e noted that both lots were purchased as two bui ldab lots by the Kaplan's in 1959 (prior to the zoning code change) and have been kept as separate lots for that purpose. Both lots have been assessed and paid for sewer and water. Both the lots are consistent in size with the neighborhood. He felt there were no health, safety, or welfare reasons to deny the variances. Councilmember Goetten stated that the lots combined barely met the minimum 1 acre and was opposed to approving a substandard Lot 1 as buildable which in turn required variances for Lot 2. James Berg, 2655 Lydiard Lane, voiced concerns with drainage which currently drains through the Kaplan property and adding more hardcover would increase the exis''-ig drainage problem. Mayor Grabek agreed that the lots were consistent with the neighborhood, and mainly for this reason in addition to reasons noted by Mr. Karan, he made a motion to approve the request putting forth a strong concern and tight regard for setback and variances :.n building )n Lot 1 in order to maximize the drainage issue. Councilmember Sime seconded the motion concurring with Mayor Grabek and because he felt_ property rights should not be taken away from property owners after -the -fact. Counci?;nember Callahan basics fly agreed with Mayor Grabek and Councilmember Sime's comments, however, felt that the topography of Lot 1 is extremely difficult and a house could not be built without numerous variances. Therefore, was reluctant to support approval of the variance. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 28, 1987 i1188 RAPLAN CONTINUED Mayor Grabek stated that hardcover limits and the sr.•all building envelope place restrictions on size of house that can be built on the lot i.e. possible only a 1 bedroom walkout could be built. Councilmember Goetten was opposed to the variances and felt that the City could refund the sewer and water fees paid. In addition, she .-elt there were other instances where similar common ownership situations were not allowed. It is the Ccuncils' obligation to improve situations by adhering to the standards. Planning Commissioner Cohen noted that Hennepin County reduced the property valuation on Lot 1 in 1981 based on the City's zoning ordinances deeming the lot unbuildable without a variance. Motion, Ayes 2, Nays 2. Councilmembers Goetten and Callahan voted nay. Motion failed. It was moved by Councilmember Sime, seconded by Mayor Grabek, to table this application until Councilmember Peterson was present to vote. Motion, Ayes 4, Nays 0. Council reopened review of this application after the arrival of Councilmember Peterson. Mayor Grabek reviewed for Councilmember Peterson the previous discussion and motions made regarding this matter. He strongly recommended that the Council consider the legal basis if denied. Councilmember Goetten reiterated her concern with approving two substandard lots which barely meet the minimum 1 acre combined, and in turn would necessitate hardcover variances for the existing house lo17. She also noted concerns with the impact of drainage. She felt the applicant should be reimbursed the sewer and water fees upon denial of the request. Councilmember Sime reiterated the fact that the Kaplans bought two buildable lots in 1959, paid se-er and water assessments on both lots. The two substandard lots currently exist and are not being created. In Addition, the lots are consistent with, neighboring lot size. He felt. the Council did not have the right to diminish the property owner's rights to these buildable lots by an after -the -fact changing of zoning. 6 MINUTES OF THE RBGULAR ORONO COUNCIL MEETING HELD SEPTEMBRR 28, 1987 #1188 RAPLAN CONTINUED Councilmember Callaha,iiei.terated his agreement with Councilmember Simes' comments, however, does not feel that the particular lot in question will permit the building of a house due to topography and drainage. Therefore, he is not in favor of approval and recommends recompense for the paid sewer and water fees. Mayor Grabek stated he agreed with the Council it that this is a substandard lot consistent wit- the neighboring lots. He felt the City confirms the bui ldabi lily of the lot by the assessment of sewer and water prior to the zoning change. Based on these reasons the City should not deny the right to build on this lot. Regarding the lot sustaining a buildable house, he felt reasonable restrictions within code requirements could be made. Mr. Karan stated he understood that if the variance were approved, they would still have to comply with restrictions on the type of house that could be built. James Berg reiterated that the neighbors are against approval. City Attorney Blatz recommended that the neighborhood be reviewed to determine at what point the minimum 1 acre lot size would Ih: enforce and how applicable it would be to everybody. She noted that the other cases of common ownership where substandard lot variances have been denied have been in an unsewered area, which is not applicable in this case where the property is se-inred and been assessed for sewer. She cited past court decisions. Councilmember Callahan felt that the change in zoning and the fact that lot area variances could be granted in certain instances and rules in common ownership changed do not mean variances must be approved. He felt there were other economic alternatives to the applicant. Councilmember Peterson stated that she was present at the Planning Commission review of this application and heard all of the public and Planning Commission comments. Unfortunately, she would not vote to ,rove the request for many of the same reasons c d by Councilmembers Callahan and Goetten. City Attoney Blatz recommended that the City Engineer review the property in order to incorporate any pertinent facts in the resolution, particularly if Council denies the request. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 28, 1987 #1188 KAPLAN CONTINUED It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to table this application until the October 12, 1987 Council meeting pending further information from the City Engineer regarding drainage and elelvations, and direct staff to draft resolutions of denial and approval based on a l l factual information submitted. Motion, Ayes 5, Nays 0. #1189 JAMES MORTON 20 WE" LANE VARIANCE RESOLUTION #2265 .,.m and Dorothy Morton were present for this matter. City Administrator Bernhardson explained the request for front yard setback variance to construct an in -ground pcJ1 in front of the front line of the house. Planning Commission recommended approval aF proposed. It was moved by Mayor Grabek; seconded by Councilmember Sime, to adopt Resolution #2265 approving the variance per staff recr-nmendation. Motion, Ayes 4, Nays 0. #1191 NED, INC./GARY CARLSON/FRANK YUSUP 2220/2235 FRENCH CREEK CIRCLE AFTER -THE -FACT CONDITIONAL USE PERMIT RESOLUTION #2266 Ned Dayton was present for this matter. City Administrator Bernhardson explained the request for an after -the -fact conditional use permit for a berm constructed sometime in 1984 at the time site grading was done. Planning Commission recommended approval of a maximum 5'6" berm to remain. Gray Printup, 1261 Briar Street, abutting property owner east of Lot 6, stated that the issue arose when the berm on Lot 6 was raised abruptly to 5'6" for approximatly 50' which was inconsistent with the intent and remainder of the berm. fie stated that the original 3-1./2' - 4' berm was acceptable to the abutting neighbors to the east. Staff advised Mr. Printup t:.at tt:e '':ty Engineer is recommending that the slope be regzaded to provide a more gentle slope and that ground cover be restored. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution 02266 approving the after - the -fact conditional use permit per staff, City Engineer, and P lann inq Commission recommendation. Motion, Ayes 4, Nays 0. k MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 28, 1987 #1194 MICHAEL PLANK 4145 WATERTOWN ROAD PRELIMINARY SUBDIVISION RESOLUTION #2267 City Administrator Bernhardson explained the proposed 3 lot subdivision and history to date. Staff recommended approval subject to the southerly lot being platted as an outlot hooked to Lot 3 at this time rather than an easement and neck lot. Michael Plank was present for this matter and stated he had no objections to staff's recommendation. In response to Councilmember Goetten's question, Zoning Administratoi Mabusth stated that the drainageway was not a concern on Lot 3 at this point. #1195 BOB ROST 4760 TON1(AVEIW LANE VARIANCE RESOLUTION #2268 It was moved by Councilmember Goetten, second ' ')y Councilmember Sime, to adopt Resolution #2267 per f rec:nrrunendation. Motion, Ayes 4, Nays 0. Bob Kost was present for this matter. City Administratoi Bernhardson explained the request for Z lot area variance to create a buildable lot. Applicant is planning to purchase the lot which is currently tax forfeit. The lot is in a 1 acre zone and consists of .58 acre. There is no additional adjacent land with which to combine this property and the .58 acre lot appears to be consistent with building sites in the immediate vicinity. It was moved by Councilmember Callahan, econded by Councilmember Goetten, to adopt Resolution #2268 approving the lot area varia^ce per staff recommendation. Motion, Ayc-s 4, Nays 0. #1174 CRAIG ANDERSON 375 LRAF/3300 BAYSI,1E ROP PRELIMINARY SUBDIVIS10Fri RESOLUTION #2269 City Administrator Bernhardson explained the request for a two lot subdivision, both lots meeting the contiguous dry buildable standard. Staff has unsuccessfully attempted to create better al,esrnatives to the odd shaped lots. Planning Commission recommended approval with a 4-2 vote. 1E MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 28, 1987 #1174 ANDERSON CONTINUED It was moved by Mayor Grabek, Sime, to adopt Resolution preliminary subdivision pe Motion, Ayes 4, Nays 0. #1197 WARD FERRELL/C. WICKS 3045/3085 MATER7V-;T.1 ROAD FILING OF CORRECTED LEGAL DESCRIPTIONS RESOLUTION #2270 seconded by Councilmember #2269 approving the r staff recommendation. City Administrator Bernhardson explained the request involving a corrective action to offset incorrect legal descriptions of properties originally created within Auditors Subdivision N- 230. Staff and Planning Commission recommends r :r-jva 1 of the filing of the corrective survey tha- ld redefine the legal descriptions of Lots 3, 4, and 5 Auditors Subdivision No. 230. Attorney Arlo VandeVegte was present representing Carl Wicks. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to adopt Resolution 02271 approving corrective legal descriptions and resolve of certain title irregularities for Lots 3, 4, and 5 Auditors Subdivision 230 as proposed. Motion, Ayes 4, Nays 0. NOTE: Councilmember Peterson arrived at this point in the meeting. ENGINEER'S REPORT: WOODHILL AVENUE FEASIBILITY STUDY City Administrator noted the feasibility study submitted by City Engineer Cook which includes two alternatives and a recommendation for assessment of the project. This feasibility study is for Council information only with no recommendation for approval at this time. City Engineer Cook reviewed the two alternatives for L, gradinc, Woodhi l l Avenue consisting of a 24' wide width wits. a bituminous curb. The project costs are proposed to be assessed to the 3 benefiting property owners abuting Woodhi 1 1 Avenue and the new lots in Woodhi l l Ridge on a unit basis. John McDowell noted that the feasibility study consists of a 24' paved width whereas CoL, ^i 1 approved a 22' paved width for Woodhill Avenue. N MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 28, 1987 WOODHILL AVENUE CONTINUED City Administrator Bernhardson confirmed that 22' was the correct paved width and the cost would be reduced to ref lect a 22' paved width, however would not be a substantial reduction in cost. MAYOR'S REPORT: Upon request, City Engineer Cook explained the proposed upgraded road location in relation to 1230 Woodhill Avenue with the intent of saving trees and avoiding the pillars at that address. It was moved by Mayor Grabek, seconded by Councilmember Sime, to accept the feasibility study report for Woodhill Avenue with the understanding that there may be amendments to the report at a later date; and direct staff to expedite resolve of this project in order to accomodate applicant. Motion, Ayes 5, Nays 0. Mayor Grabek had no report. CITY ADMINISTRATOR'S REPORT: SERVICE EXTENSION - ANIMAL CONTROL City Administrator Bernhardson explained the issue of determining whether the City desires to extend its animal control services to the City of Spring Park for two hours per week patrol and on call service; and to the City of Minnetonka Beach for on call service only. Staff feels that Orono will generate more in revenue than in cost for this service. It was moved by Councilmember Goetten, seconded by Councilmember Callahan, that the Orono Council directs staff to offer the Cities of Long bake, Spring Park and Minnetonka Beach animal patrol and /or call out service utilizing the Community Service Officers for 1988. Motion, Ayes 5, Nays 0. SPACE STUDY - CONSULTANT CONTRACT City Administrator Bernhardson recommended adoption of the formal contract with the space consultant, Boarman and Associates, in the amount of $20,000 as agreed to at the August 24, 1987 Council meeting, subject to review by the City Attorney. It was moved by Mayor Grabek, seconded by Councilmember Peterson, that the City formally contract with Boarman and Associates to undertake this space study as submitted subject to review by the City Attorney. Motion, Ayes 3, Nays 0. 11 MINUTES Ole THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 28, 1987 SPACE STUDY - CONSULTANT TIME SCHEDULE City Administrator Bernhardson recommended adoption of the preliminary work plan for the space consultant study. It was moved by Mayor Grabek, seconded by Councilmember Sime, that the Council adopt the City of Orono Municpal Facilities Study work plan as submitted. Motion, Ayes 5, Nays 0. COUNCIL STRATEGIC PLANNING - OCTOBER 7, 1987 Council acknowledged the agenda as established for the Strategic Planning Meeting scheduled for October 7, 1987 at 7:00 P.M. 1988 BUDGET APPROVAL AND TAX LEVY RESOLUTION #2271 It was moved by Mayor Grabek, seconded by Councilmember Goetten, that the Council adopt the 1988 Budget as revised together with adoption of Resolution #t2271 setting the tax levy for 1988. Motion, Ayes 5, Nays 0. DELINQUENT UTILITIES/SEPTIC BILLINGS* RESOLUTION #2272 It was moved by Councilmember Sime, seconded by Councilmember Callahan, to adopt Resolution #2272 providing for the collection of delinquent charges for 1987 sewer and water utility services and annual septic inspection program fees. Motion, Ayes 4, Nays 0. POLICE OFFICER APPOINTMENT* It was moved by Councilmember Sime, seconded by Councilmember Callahan, that the Council accept the staff's information regarding the replacement of a Police Officer for the vacancy created by the resignation of Mary Hensel. Motion, Ayes 4, Nays 0. LAt1DSCAPING FOR LIVINGSTON TONER PARK* It was moved by Councilmemb:r Sime, seconded by Councilmember Callahan, to award the landscaping bid to Midwest Turf Specialists, Inc. for improvements to Livingston Tower Park for an amount not to exceed $3,829.00, and to authorize equipment rental for an amount not to exceed $500.00 for moving trees from the City nursery to the above site, and that Park Dedication Funds be used to pay for the above improvements. Motion, Ayes 4, Nays 0. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 28, 1987 GOLF COURSE EMPLOYMENT - PART TIME* It was moved by Councilmember Sime, seconded by Councilmember Callahan, to employ David Lindstrom and Walter Mills, Jr. as temporary counter helpers at the Orono Golf Coursa to fill the vacancy created by the resignation of Betty Stevens for the remainder of the the 1987 golfing season at a rate of $4.25 per hour effective September 29, 1987. Motion, Ayes 4, Nays 0. REJECTION OF BIDS - HACKBERRY PARK WELL Councilmember Goetten asked Public Works Coordinator Gerhardson how specifications could be revised to reduce the bid amounts. Public Works Coordinator Gerhardson stated that he will be working with City Engineer Cook on various ways to revise specifications such as elimination of a water fountain, etc. It was moved by Councilmember Goetten, seconded by Councilmember Sime, to reject all bids received on September 25, 1987 and to revise the specifications sc as to provide adequate water supply for our needs and tc rebid the well installation at Hackberry Park. Motion, Ayes 5, Nays 0. RESOLUTIONS OF RECOGNITION* RESOLUTION #2260 - MARK THOMTON RESOLUTION #2261 - PETER ACHEY GREG SULLIVAN RANDY O'BRIEN It was moved by Councilmember Sime, seconded by Councilmember Callahan, that the Council adopt Resolutions #2260 and #2261 recognizing Police Officer Mark Thomton and Police Reserves Peter Achey, Greg Sullivan, and Randy O'Brien for their outstanding work. Motion, Ayes 4, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Sime, seconded by Councilmember. Callahan, to accept City Administrator Bernhardson's Information regarding: Metro Goose Hunt, Forest Arms Purchase Agreement, 3536 Lyric Avenue, 1972 Shadywood Road, 3946 Sixth Avenue North, 2160 Wayzata Boulevard, 200 Hollander Road, 3405 Shoreline Drive, Casco Point Road Right -of -Way, Baker Park Deer hunting, Highway 12 Task Force, Surveying - County Road 15-Moll.ys Corner -County Road 51, and Crystal Bay Road Restoration. Motion, Ayes 4, Nays 0. CITY ATTORNEYS REPORT: City Attorney Blatz requested an Executive Session at this time. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 28, 1987 LICENSES BILLS• There were no licenses for approval. It was moved by Councilmember Sime, seconded by Councilmember Callahan, to approve payment of the All Funds Accounts. Motion, Ayes 4, Nays 0. ADJOURNMENT 9: 3 5 P.M. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adjourn the regular Council meeting at 9:35 P.M. Motion, Ayes 5, Nays 0. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor 14 TO: Mayor Grabek Orono Council Members City Administrator Bernhardson _ FROM: Michael P. Gaffron, IJHUIVU Assistant Planning & Zoning Administrator DATE: October 7, 1987 SUW: #1090 H.P. Hollander Estate, 200-250 Hollander Road - Final Plat Approval - Resolution List of Exhibits - A - Final Plat Resolution for approval B - 1" = 200' scale copy of plat C - Preliminary Plat Approval Resolution #2119 The applican' F have completed the requirements for final plat approval. A -.solution is attached for your review and approval. City of ORONO , RESOLUTION OF THE CITY COUNCIL NO. -- A RESOLUTION APPROVING THE PLAT ")F HOLLY ACRES 3RD ADDITION APPLICATION NO. 1090 WHEREAS, the City of Orono is a mu-,icipal 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 by Roger W. Hollander, Personal Representative of the Estate of Hildur P. Hollander, the subdivider; and WHEREAS, the subdivision has been found to meet all 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 variances except those granted herein; 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. 2119, including: a. Removal of the detached garage on Lot 2. b. Removal of the driveway access to County Road 6. c. Discontinued rental use of the detached second house on Lot 1. 2. Payment to the City for the legal review and filing of the plat easements and covenants in the amount of $150.00. 3. Payment of the final plat application fee of NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Holly Acres 3rd Addition, Hennepin County, Minnesota, subject to the following conditions: 1. The City Council hereby grants a variance to Muni.cipal zoning Code Section 10.28 Subdivision 5(b) for Lot 1 to approve a defined lot width of 186.9 feet instead of the 200 foot lot width normally required, based on findings of fact noted in Resolution No. 2119. A Page 1 of City of ORONO RESOLUTION OF THE CITY COUNCIL NO. --- �ti�'w��A t-ALI further variance to Municipal Zoning Code Section 10.28 Subdivision 5(b) is hereby granted to approve a front yard setback of 49.29 feet for the existing residence on Lot 2 where a 50 foot front yard setback is normally requiied, based on findings of fact noted in Resolution No. 2119. 2. Each lot shall be subject to the Declaration of Private Road Easement and Declaration of Covenants for Maintenance of Same which currently appears as a memorial in the title of the property. 3. The barn remaining on Lot 2 may not be used for the housing of animals per the findings of Resolution No. 2119. 4. Placement of accessory structures on Lots 1 and 2 shall adhere to the findings and conditions of Resolution No. 2119. S. The property owner shall request an inspection by the Orono Building Inspector of the second residence structure on Lot 1, to ascertain the extent and type of changes ne .essary to convert this structure to a non -dwelling physical status. Such changes shall be completed to the approval of the City within 6 months of the Gate of this final plat approval resolution. 6. The aforesaid plat shall be filed by the Cii y of Orono with the Hennepin County Recorder's Office on or before April 12, 1988 together with a certified original copy of this Resolution and executed copies of any Exhibits that may be doted 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 12.th day of October 198?. ATTEST: Dorothy M. Hallin, City Clark James R. Grabek, Mayor Page 2 of 2 HOLLY ACRES ��k r I• ! S I..1 co i1 e�oGK 1 = 1 3RD ADDITION T. DOC. NO. rr tir. •. •. aR\ ••i\ Y w ram+• r•! •w•• w �'r w • r•• mow• tM. r w+w� •• [+rw...�. r _�. r._.. vw•. •—. ,.M.�M� �—_ ., w�►wW . r w•-• -[1.,•.. • _ ••. W r w.• a� /..e•Iw r, rnrr w .•.Mr•. �.�. [[.• � Gw 1'i]T.�. �c. �T - � i;� .s .: ta.�::rJTi:► .. ..r. a•..,.. r.•.. .... v. •- ,�.�..- {:: T.L::wF, r"-..�i T».�. 71� J r.. r_rr -• . . r • � • wn s s.a�..w .• _ ._ -_-_ . w.+......-. r..+r•w ,�.a n� ... w.�.. ,w.... w.. wK ..�., a»•.•., rw s�.... r-. ~.: ticL::i. iti.�.S.-r..'.Fr•... r..t:. •.: �.:'��"" ♦ u...r r..+..+. iti. 4>R •�6.Twf.•_".. ww� M a.r w rw W .• w.. u: � w.n►.-...� ... [wrwwl. • r • la• � wl..Hn.a r •InI. Ir � w ...rlw. -.Ma •.r—• r wr,•� � r...�r M-cCMOS - RNLTSON �54OCI1T[S. 'mc OM[9 (�;i -g1987 ilk � City of ORONO RESOLUTION OF THE CITY COUNCIL NO. .2119 A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR A PLAT AT 200-250 HOLLA14DER ROAD APPLICATION NO. 1090 WHEREAS, Roger W. Iollander, personal representative of the Estate of Hildur P. Hollander, on October 24, 1986 filed a formal subdivision application with the City of' Orono for approval of a two -lot residential plat of property legally described as: Outlot "B", Holly Acres, Hennepin County, Minnesota (hereinafter "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 Platting Codes, the Orono Planning Commission held a public hearing on November 17, 1986, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on February 9, 1987, the Orono City Council considered the subdivision application of Roger W. Hollander, noting the following findings of fact: 1. The property is located within the RR-1B Single Family Rural Residential zoning dist.,.ict requiring a minimum of 2 acres of contiguous dry buildable lard within each newly created lot. 2. The property contains a total of approximately , 68 acres, of which 4.28 acres is considered dry buildable. The proposed plat contains two lots each exceeding the 2.0 acre minimum lot area requirement. 4. Proposed Lot 1 requires a variance because it does not contain the required 200' frontage on a public roadway. This variance is justified because Lot 1 does exceed 200' in width at Hollander Road where it achieves actual access. 5. Both lots are proposed to front privately owned Hollander Road. Both the Declaration of Private Road Maintenance of Same which appears as property. Page 1 of 5 on and access to the existing lots are and shall be subject to Easement and Declaration for a memorial in the title of the City of ORONO RESOLUTION OF THE CITY COUNCIL NO. �117 6. Two conditions of the original Holly Acres subdivision have not been met: a) Removal of the detached garage structure on proposed Lot 2; and b) Removal of the direct driveway access from Outlot B to County Road 6. The Council finds that these two conditions must be satisfied prior to final plat approval. 7. Both Lots 1 and 2 contain primary residences with existing septic systems. Soil testing data submitted by the applicant indicates suitable alternate drainfield sites exist for the primary residence on each lot. 8. The existing residence on proposed Lot 2 is located 49.29' from the front lot line at Hollander Road where a 50' setback is required. This variance of 0.71' will be recognized and approved in the final plat approval resolution, the hardship being that this is an existing residence and existing lot line that is not being relocated. 9. The existing barns on proposed Lot 2 are considered as accessory storage structures meeting the required 10' side setback from -che proposed lot division line. These barns do not meet the sett,ack standard for animal housing structures and shall not be used iOr housing animals. 10. The existing second dwelling on Lot 1 does not meet the lot area, lot width or side setback requirements for a guest house conditional use per the performance standar .s of Section 10.20, Subdivision 3 (G). The existing structure has not been documented as ever having been used as a guest house, hence that use is subject to a conditional use permit. The original developer of Holly Acres was made aware of These requirements during the original subdivision of Holly Acres, but failed at that time to provide the add_tional lot area necessary to meet those performance standards for a guest house. The proposed guest house use does not fit with the character of the surrounding single-family rural residential neighborhood. The Council finds that the guest house use is not appropriate for this property. 11. The rental use of the second dwelling on Lot 1 is a vic•lation of Zoning Code Section 10.03, Subdivision 7 woich states that no more than one principal building shall be located on a lot. Continued use of the structure as a rental unit on proposed Lot 1 woul.d be an intensification of the degree of violation. The rental use of the second structure on Lot 1 is not an appropriate use for this single family rural residential neighborhood. 12. The appropriate use for the ;econd structure on proposed Lot 1 is as an accessory structure. Pages 2 of 5 City of ORONO RESOLUTION -HE CITY COUNCIL NO. 13. For Lot 1, for purposes of placement of accessory structures, the Hollander Road lot line is front, County Road 6 is rear. All accessory structures shall be located to the rear of the extended front lines of the primary residence, shall meet the standard 10' side setback requirement, and shall be subject to a 50' rear (County Road 6) setback. 14. For Lot 2, fox purposes of placement of accessory structures, a 50' setback shall to required from all lot lines abutting County Road 6 or Hollander Road, and the standard 10' setback shall be required from the lot line abutting Lot 1. Further, accessory structures stall be no closer to County Road 6 than the extended front line of the existing (or future) primary residence on Lot 2, and no closer to Hollander Road than the 50' setback line and no closer than the setback from Hollander Road of any replacement house^constructed on the property in the future. 15. Lots 1 and 2 are not considered as "through" lots under the existing ordinances, and are therefore not subject to a conditional use permit for placement of accessory structures. NOW, THEREFORE BE IT RESOLVED, that based upon either one or more of the f i ndings noted above, the City Council of the City of Orono hereby approves the preliminary plat for Roger W. Hollander at 200-250 Hollander Road per the survey dated 10/23/86 by McCombs -Knutson Associates, Inc., subject to the following conditions: 1. Lots 1 and 2 shall access to Hollander Road. BotY: lots shall continue to be subject to the existing Declaration of Private Roar'. Easement and Declaration for Maintenance of Same as filed in the title of vutlot B. 2. A 13.1' variance will be granted to thA 200' lot width standard for I,ot 1. A 0.71' variance will be granted for th(. 50' front setback standard for the existing house on Lot 2. 3. The existing detached garage on Lot 2 shall be removed prior to final plat. approval. A demolition permit must first be obtained from the City. 4. The existing driveway access from the property directly to County Road 6 shall be removed by regrading and ditch res , ration prior to final plat approval. Page 3 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2119 5. The rental use of the second house on Lot 1 sha 11 cease upon f ina 1 plat approval. The structure shall not be used as a second dwelling unit or guest house. The structure shall be converted to a non - dwelling use, and fixtures that would tend to encourage a dwelling - type use shall be removed to the satisfaction of the City within 6 months of final plat approval. Any dwelling use after that date will be considered a violation of the Zoning Code. The applicant shall arrange to have the structure inspected by the City to determine the extent and type of changes necessary to convert this to a non -dwelling structure. Furthermore, applicant shall provide security in a form and amount acceptable to the City to ensure that such changes are carried out. 6. Accessory structures on Lots 1 and 2 shall be subject to the location standards described in Findings No. 12 and 13 above. The following list of final submittals must be submitted to the Zoning Administra..or two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: 1. RECORD PLAT drawings in the form of two ( 2 ) my 1 ar copies and one (1) copy reduced to 1"=2001. Drawing to include: a) Lot lines platted per preliminary survey by McCombs -Knutson Associates, Inc. dated 10/23/86. b) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of the internal property line. c) Designation on t'/e plat drawings of the existing drainage casement for the wetland on Lot 1. 2. LEGAL DOCUMENTS required: a) Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b) The applicant must provide certified copies of all recorded easements currently affecting the property. 3. FEES TO BE PAID: Total Due $300.00 a) Final plat fee - $150.00 c) Legal review and filing fees of $150.00. Page 4 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2119 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held February 9th, 1987. ATTEST: Zi4/ G othy M allin, City Clerk Page !) of 5 I To: From: Date: Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator Mary Jo Knott, Septic & Zoning Aide September 15, 1987 Subject: #1193 Thomas P. Huber, 2615 Shadywood Road - Variance - Public Hearing - Resolution Zoning Distric* - LR-lB Single Family Lakeshore Residential (1 acre) Application - Front line setback variance to install a pool in front of the front line of the house. Pertinent Facts - Hardcover Inventory 500-1,000' Total Area = 43,544.6 s.f. Existing = 8,452.9 s.f. (19%) House - 2,040.3 s.f. Front Driveway - 1,465.0 s.f. Rear Driveway - 1,312.0 s.f. Side Access - 2,856.0 s.f. Sidewalk & Stairs - 224.8 s.f. Landscaping - 554.8 s.f. Proposed = 11,416.1 s.f. (26.2%) Existing - 8,452.9 s.f. Screen Porch - 306.0 s.f. Concrete Deck & Walkways 1,542.2 s.f. Trellis - 468.0 s.f. Pump Storage House - 136.0 s.f. Redwood Deck - 336.0 s.f. Cabana - 175.0 s.f. Allowed = 15,240.6 s.f. (35%) Variance = None Pertinent Ordinance - Section 10.03, Subdivision 9 (D) - Accessory Buildings Hardships - The rear yard towards the south occasionally retains water as close as 60' from the house. The interior layout of the house would suggest that the Shadywood Road side of the house is designed to be the back yard. Zoning File #1193 September 15, 1987 Page 2 of 3 List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Proposed Plans Exhibit F - Hardcover Diagram Discussion - The applicant is requesting a front line setback variance in order to install a pool in front of the existing house. The lot is approximately 1 acre in size. There are two accesses on this lot. The access from Shadywood Road runs along the lot line to the west. This private gravel road extends about ten feet into the property and continues along the entire west side of the property. This road leads to the garage about half way down and on the left. The other access uses a portion of the road located to the south. Just the gravel turn -around driveway is located on the lot to the south. The road to the south is owned by the City of Orono. It serves as an extension from Pheasant Road. A suggE:stion could be made to limit this lot to one access. The lot has Cite se�,er hooked up from the southeast and City water connected from tie The pool plans meet the front and side . _ua,;ks (see Exhibit E). Part of the pool plans include a screened porch a:,.: a pump -storage house. If these structures are considered accessory structures, then they also need variances and need to be reviewed. The pool fence, as proposed, will not exceed 6' in height. Hardcover is at 27% in a zone that allows 35%. The interior and exterior layout of the house suggests that the Shadywood Road side of the house could be perceived as the back yard. The perimeter of the lot toward Shadywood Road contains vegetation of trees and shrubs and creates natural screening. All trees that will need to be removed to accommodate the pool plans will be transplanted on the lot. The elevation difference of 20' exists from Shadywood Road to the rest of the lot. This makes the pool and the fence not visible from Shadywood Road. The proposed pool plans coin be placed on the south side of the property without a variance. This 'd be near the area that occasionally floods during the spring and duri► e storms. Recomendation - Staff recommends approval of the front line setback variance to install a pool in front of the front line of the house located at 2615 Shadywood Road, based on the following nardships and findings: 1. The rear yard towards the south occasionally retains water as close as 60' from the house. Zoning File #1193 September 15, 1987 Page 3 of 3 2. The interior layout of the house would suggest that the Shadywood Road side of the house is designed to be the back yard. 3. A natural screening surrounds the front yard and proposed pool area. 4. Shadywood Road is 20' lower in elevation than the proposed pool location. 5. Hardcover will not exceed 27% including the pool plans in a 35% allowable zone. 6. As of this writing, no negative comments have been received from neighbors regarding this variance application. Additional Comments and Planning Commission Recommendation - October 7, 1987 The question o: 2 accesses to this property is not an issue. Access from the southeast is via a 40' wide City owned parcel that contains municipal sewer lines and is not maintained as a public roadway. The only legal approved access to this property is from Shadywood Road. The gravel roadway within the a 40' wide strip has been informally developed by neighboring property owners -d the City as access road for maintenance purposes. Planning Commission recommended approval of the variance application per the staff recommendation noted above. The enclosed approval resolution has been drafted for Council's consideration and action. � . city] of ORONO 4 V RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (D) FILE #1193 WHEREAS, Thomas P. Huber (hereinafter "the applicant") is the owner of the property located at 2615 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: See Legal Attached as Exhibit A WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit the construction of a pool, gazebo and pump storage shed located within the front/street yard in front of the front line of the principal residence. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1193. 2. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 21, 1967, and recommended approval of the proposed variance based upon the following findings: A) The rear yard to the sout.Y, of principal residence will on occasion retain water within 60 feet of the house. B) The inte--ior layout of the house would suggest that the Shadywood Road or front/street side of the house is designed to be the back or rear yard. C) Natural screening along the street lot line and the 20 feet higher elevations of the front yard provide a visual buffer for proposed improvements. D) The City has not received any negative comments from neighboring property owners regarding this application. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 1 of 3 City of ORONO ° RESOLUTION OF THE CITY COUNCIL NO. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adverse�y 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 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 one or more of the findings noted above, the Orono City Council hereby grants a variance per Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit the construction of a pool, gazebo and pump storage shed within the front/street yard in front of the front line of the principal residence, subject to the following conditions: 1. The applicant must apply for the legal combination of the two separate tax parcels that make up the property prior to applying for a building permit for the new construction. 2. 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 a.ithin one year of the date of Council approval, or this variance will expire on that date (October 12, 1988). 3. Violation of or non-compliance with any of the terms and condi :ions of this resolution shall constitute a violation of the zoni,iq code, shall automatically terminate any authority granted herein. and shall be punishable as a misdemeanor. 4. The undersigned applicant have read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 1 2th day of October, 1987. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 2 of 3 U , Z� U I. u,-; Q Fee f SZ? # I f- f Receipt Initials _ CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (ne change from original application) After -the -Fact Fees (Double application fee) --------------------------------------------------------------------------- PROPERTY LOCATION Site Address 3,( (- i ; R -,1 � '-, - .-'. 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) - Name + t P_ Phone (work ) -----Address--d--------------------------------------------Zip- AA//++ d L ir�'M VCc OFFICE OWNER (if different than applicant) Phone (home) �v # Name Phone ( work) _ C11 CEN T/J 50. vf�0 - 'L •" 1J-%00 Address: City: Zip:1J•CEIPT-THAk:1' YOU :117f50 ito! �'O1 Nj :4`- Date Property Acquired (month/"year) Og''418. I do), (do not) also own the adjacent parcels of land. PRESENT USE O- 7ROPERTY Present Zoning District Present Use of Property _ l� (,. Residential Other pecify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $:: '1C Describe request in detail: ..T• --------------------------------------------------------------------------- VARIANCES RBQUIRSD Lot Area Lot width Hardcover Setback Variances ( Front Side Rear) Other `, �".,� _ ►-�-� , - - __ L ------------------------------------------------------- -------------------- HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:% - ' _ -, - 'ice/ /.ice i;"' n.•i l�r.�/ _ i/` -r,. . r..I v •.-+- • � . .. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing complian--ce with Zoning Code Requirements ��L4,_1 't t L�AL10'�r 'tl l i `t- r : • -�-51 - ; --------------------------------------------------------------------------- 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 calculationE as required. 5. Plat Map. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is n •• 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 sub,; l ' d J - is true, and correct to the best of his/her knowledge. Applicant's Signatur 4 to Date OWNERS SIGNATURE The owner hereby ackowledges an authorizes reasonable entry onto agents, Commission members, and C Owner's Signature � U o 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 authorized agent attend in your place and to advise the Building 6 Zoning Office of this change prior to the meeting. dr Lp1 `. uj S 5 r • v M 0 R.M. 4 �• LD 8 ' •,( lao° _ •�. EgeN . 6 V r t.I/ 13 �• a �0 25 ti • — 7 24 ' so a� ,M 01 14 "YttY WOOD 2 2 , e .,es a 23 ► Part of 13 <Q A i r� r O i •S �Q \ ud S,4fd 4�5i� 12 aJ1) • yyt�a 4 J • •e Y pC10,JAJ Z 4• �;, 50 vo 5 23 ° \ ti -�°— -� 9 ,, t °b; 2 •• ;� ��e, 6 . �22 20 h7�^ MT Re S4y • ` _ f✓ 41 fj t ApU` RUN DATE 08/25/87 BATCH 001 38 21-117-23 22 n009 PROP ADOR 02540 OLr BEACH RD C'.NER NAME D M SCHNEID_R A M H LEAF TAXPAYER 0 M SCHNEIJLR A M H LEAF NAME/ADOR 2540 OLD BEACH RD WAYZATA MN 35391 38 21-117-23 23 0005 PROP ADDR 02655 PHEASANT RD OWNER NAME D A A CWKSON TAXPAYER DAVID A AtadE MARIE COOKSON NAME/ACC7 2655 PHEASANT RD EXCELSIOR MN 55331 38 21-117-23 23 0009 PPOP ADDR 02673 PHEASANT RD C NIR NAME DALLAS C MESSER ETAL TAXPAYER DALLAS C MESSER NAt'E/A03R 2673 PHEASANT RD EXCELSIOR MN 55331 HENNEPIN COm" PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 21-11%-23 22 0010 02560 OLD BEACH RD W 0 MANKIN A C L MANKIN WINSSLOW A CATHERINE MA12(IN 2560 OLD BEACH RD S ORONO MN 55331 38 21-117-23 23 0006 02615 SHADYWOOD RD T P HUBER A N A HUGER THOMAS P A NANCY A HUBER 2615 SHADYWOOD ROAD ORONO MN 55331 38 21-117-23 23 0010 02675 PHEASANT RD DAVID T HOFFMAN A WIFE DAVID T HOFFMAN 2675 PHEASANT ROAD EXCELSIOR MN 55331 REPORT NO. PI435401 PAGE 1 38 21-117-23 23 0001 02765 KELLY AVE DAVID M JELLISON A WIFE DAVID M A SUSAN JELLISON 2765 KELLY AVE EXCELSIOR MN 55331 38 21-117-23 23 0007 0,'615 SHADYWOOD RD T P HUGER A N A HUBER THOMAS P A NANCY A HUBER 2615 SHADYWOOD ROAD ORCNO MN 55331 TOTAL BATCH 001 00008 I CERTIFY THAT THE FACTS REPRESEtTTEO ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. \ _ Certificate of Survey ' cofor Thomas P. Huber IfA. in Lots 3 and 4, Pheasant Lawn A �YY %�, � nnepin County, Minnesota R 04o s° `0 1 hereby certify that this is a ;.rue and corr- ect representation o` a survey of the boundar- 'l� S ies of Lot 4 and that part of Lot 3, 'Pheasant G!.�__: = � �'•o Lawn, described as follows: Commencing at the NW �.3.r*•••... a,"� Northwesterly corner of said Lot; thence East- - 1 ; erly along the Northerly line of said lot a distance of 51.65 feet; thence Southerly to a point on the Southerly line of said lot dist- P ant 50 feet from the Southwesterly corner; thence Westerly alony the 'Southerly line of 1 r said lot 5o feet; thence NorLhe.1 y along the Westerly line of said lot to the point of be- ginning, and the location of all existing buildings thereon. It does not purport to show / any other improvements.or encroachments. COFFIN & GRONBERG, INC. E4i,� 0 •A' �, "•"'�,� II//%l� MarF_S ron erg—Mn. Lit. No. 127�5 Engineers, Land Surveyors, Planners Long Lake, Minnesota .� Date 8-31-87 Scale: I" = 50' o Iron marker- rl 4 �O L' t �s 'O.00 homas P. Huber residence 615 Shadywood Rd. rono, Mn. 55331 Fence line ® 6ft Screen porch Concrete deck & walkways Pool (20'x40') Redwood trellis Pump -storage house Redwood deck Residence Lle: 1"=50'-0" `-T ii •: +wx nn le II n S 10 2 u S _ Y! -6 RI•Itt LL _ • s t D NJ IIt I L Ir T M 20 43� 20 �� 10 3-4 •�� llf A_v( i J /. I• Fat �.r{ CMNER ni r Y_o.__ J - — 65 �E VOL' r I Sconwits I IyNE LS \ �_� 1 I 9-ICFANElS 1 3 PANEL 1 3 PANEL I - 6 PANEL 7 NNEL 1- 0 PANEL •• FRAME !RACE! 1 - 3C•FILLER 1 - 17G' FILLER 7 6 slop 7 / CENTERED LIGHT KEF END USES 2 - S' PANELS AND I - D' LIGHT PANEL sl•[.h .prlf /•rWfb 0•h. roaa .Vwl ff :..I N.Y .Or(• Ya .Oh. Yl VY• 1..([ ei.•.s 1eV.tW •• rON.OJ. �c.•C N•h. N N r r.e. M V a.O Na 1 •I... r.o..erlf �•o-c re wt.�••.o• u.«.o u..c,•. n two.v noc.n ror er .00. n.In...son p�•0V�•M a..s 1.1 •• Y ( .1 t••.r•e•Yh• M! 1. •••. •OM •R.:.r.. MOv.pr (.t1le M•1. hW.e •0. (•<110 ..M•Y la s.;....c a.o•a .r f s.c.r.,.. 0 •r I.ai c•..a. W Ory• 201a43r LAZY L STEEL WALL ,r41 NOTED 1"'10 /28182 ('ms smoc•.ua -R tow • usr Na -a w•.osn oY .�.. . m Lomas P. Huber residence 515 Shadywood Rd. rono, Mn. 55331 4---1aove (— Fence line °4 6Yt Screen porch Concrete deck & walkways Pool (201x401) Redwood trellis Pump -storage house Redwood deck aW = F x 4. ^ lck Residence tzx;5t;rn Hok :ale: 10=50'-0" I To: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley & Planning Commission Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Adminsitrator Mary Jo Knott, Septic & Zoning Aide Date: September 11, 1987 Subject: #1196 Dennis McGreevy, 3405 Eastlake Street Variance - Public Hearing Zoning District - LR-lA Single Family Lakeshore Residential (2-acre) Application - Front setback and side setback variances to construct a three season porch on top of an existing deck located on a substandard lot. Pertinent Facts Well Location From Septic: Existing = 30' Required = 75' Varinace = 45' (60%) Existing = 70' (from the neiga,,ors at 3407 Eastlake Street) Variance = 5' (6.7%) Lot Size: Existing = 5,100 s.f. (.18 acres) Required = 87,120 s.f. (2 acres) Variance = 38,460 s.f. (88%) Lot Width: Existing = 50' Required = 200' Variance = 150' (75%) Front Setback: Existing/Proposed = 15' Required = 50' Variance = 35' (70%) Side Setback to the West: Existing/Proposed = 13.5' Required = 30' Variance = 16.5' (55%) Side Setback to the East: Existing/Proposed = 11.5' Requited = 30' Variance = 18.5' (61.7%) Rear Setback: Existing = 47' Required = 50' Variance = 3' (6%) Zoning File #1196 September 11, 1987 Page 2 of 3 Hardcover 250-500' Zone: Existing = 1,492 s.f. (29.3%) Proposed = 1,504 s.f. (29.5%) Allowed = 1,�30 s.f. (30%) Pertinent Ordinances - Section 10.22, Subdivision 2 - Hardcover Section 10.23, Subdivision 3 (B) - Lot Requirements Hardships - The lot was subdivided and the house was built prior to 1959 before ordinances existed. The subject property is located on a substandard lot. Any construction of additions to this property will need one or more variances. - This lot is being considererd in the Stubbs Bay Sewer Project but is currently using the septic system located on the property.. There is 568.4 s.f. of living space on the property. List of Exhibits - Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Proposed Porch Plans Exhibit F - Hardcover Diagiam Exhibit G - well and Septic Location Exhibit H - Bayside Addition to Lake Minnetonka Development Exhibit I - Hardcover Calculation Exhibit J - Staff Utter Dated 2/27/87 Discussion - The applicant has applied for a front setback variance and twu side setback variances to construct a three season porch over the existing deck. The 12'x20' deck was constructed in 1986. Staff noted at that time that the deck was considered a non-encroachmen� structure. The proposed po:•-ch would be placed directly over the existing deck. This would leave a frc.-r.t setback of 1.5' as opposed to the required 50' leaving a variance of 70%. The side s-tback to the west would be 13.5' as opposed to the required 30' leaving a variance of 55%. The side setback to the east would be 11.5' as opposed to the required 30' leaving a variance of 61.7%. Zoning File #1196 September 11, 1987 Page 3 of 3 The lot is part of the Bayside Addition to Lake Minnetonka (see Exhibit H). This subdivision took place before ordinances existed. The house was built prior to 1959, also before current ordinances existed. The percentage of hardcover is not an issue (see Exhibit F). Very little is known about the septic system. The septic tank is located about 15' south from the house and the presumed drainfield pit is 20' south from the house. Both of these are probably at the water table. The stream located on the south portion of the lot appears to be free of algae. This is an indication that the septic systems in the area appear to be functioning properly. The well is on the west side of the house (see Exhibit G). It is only 30' from the septic tank and 70' from the neighbors' septic tank to the west. Zoning File #1196 September 11, 1987 Page 3 of 3 On February 27, 1986, a letter from staff was sent to the applicant that dealt with a proposed second story deck to the existing house. Staff stated because the second story addition would effectively increase the number of rooms useful as bedrooms from one existing to at least two, there would be no question that the addition would increase the potential number of occupants and the potential wasteload to the septic system. The letter also stated that a permit for the addition may not be issued until the septic system is certified as in compliance with the code. A three season porch increases the living space of the home. This lot is currently being considered for City sewer (Stubbs Bay Sewer Project). Recomendation - Staff recommends tabling this application until City sewer is available and hooked up to this property. Staff feels that the three season porch would add additional living space, and potential stress to the septic sys'. gym. Zoning File #1196 October 7, 1987 Page 4 of 4 Additional Comments and Planning Commission Recommendation - October 7, 1987 Planning Commission members were doubtful of staff's projection that sewer would be ordered for the Stubbs Bay Area in 1988. Members felt the proposed improvement was consistent with the pattern of existing development within the Eastlake Street neighborhood (see Exhibit G). Some members failed to see a connection between the 3 family member use of a three season porch and increased demands on limited, substandard septic system. Council should be advised that a building permit was issued for the street yard deck in 1986 because a grade level deck (extention from first floor) need only be 2 feet from any lot line. The property, located within the 250-500' setback zone, was under the allowed 30% hardcover allowance. Staff also sites this as an example to demonstrate that within a year the deck would now be transformed into a three season porch. Staff has also enclosed a letter to applicant advising of prohibitions regarding a proposed second story addition on February 27, 1986 (Exhibit J). If Council accepts the Planning Commission's unanimous recommendation of approval, staff would recommend that you add as a condition that applicants execute a waiver of appeal of assessment. Staff would still recommend to Council that you table action on this application until sewer is ordered for the area in 1988. This action would be consistent with previous actions of the City in dealing with variance applications increasing the building of a structure within the Crystal Fay neighborhood. The enclosed approval resolution has been drafted per the Planning Commission recommendation for your consideration. Fee Receipt J�r 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 2W S E, X;E Property Identification Number (P.I.D.) Please check one - Is the property abstract or torrens? Attach legal description to application if not included on req�� y ------------------------------------------------------------ APPLICANT Phone ( home) el l &'eviz-'r � # Name �/�r►�-! OdA,6oUel. Phone (work) `¢ - .00 �z n nn o 'J. r,. I550- QO Address: /Z s l.� O Gd •i � City : ,.D E zyp�k� L rGr_-,;��J Utz-:,-r—.rrn L u 1 •ci OWNER (if different than applicant) Phone (home) Name InC 0/'E Phone (work) Address: SOS' E 44KE _ .ty:�dfjc 44kr zip: S-5-3S4, r Date Property Acquired (month/year) ----_I (do) do not also own the adjacent parcels of land. -------- ----------------------------------------------------------- PRESENT USE OF PROPERTY rr Present Zoning District Present Use of Property #CME -STEER Residential Other (specify) ----------- ----------- ---------------- ---- ------------- ----- -----+ -- c DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: 5'cAS�� p012C P PODZ T=ON 1901L-r OI'y --------------------------------------------- k-+----------------------------- VARIANCES 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 equ ati ns:_F�Mr --/ L y OF7/.��QF ��z,; . F /� —T —T—rr - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: actyc' Ld a SEEABLE --------------------------------------------------------------------------- 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-0'03 Govt Center 348-3271). 3. Stamped, legal sized er,velopes (#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 expensea incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date ALAA7 OWNERS SIGNATURE �J 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 :v, •�L �c Date ------------------<=--------------------------------------------- Applicant must have all submittals into the Ci,fy offices 25 days before the Manning 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 authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. h0 — 2� 4 r l" ' ) 9- � '1 W , 55) 24 2 0 l - S toy 7 10 i� ' o3 If�A11i8�� 3 RD- Oa C jf4 '31i a 7 a y 4o So • i' G SO 13 3 o 1F. 8_ 0 G.L. Cb EA TL`SK I: J's •> 173.93SZ9 apif1 308.97 60 ` J, ?, � r. ° Q. T�E�`I 0W`S '++ 48E 0 2 N it , 2 ADD. C)lY O 2 (10) A 0 -4'°O RUN DATE 08/14/87 BATCH 006 38 OS-117-23 13 0032 PROP ADDR 03405 EASTLAKE ST 0VI.ER NAME DENIIIS MCGREEVY TAXPAYER DENNIS MCGREEVY NAME/ADDR 3405 E LAKE ST ORONO MN 55356 38 05-117-23 13 :038 PROP ADDR 0342E EASTLAKE ST =JER NAME F:EO J BARTZ TAXPAYER WALTER M OLSON NAME/ADDR 5C1 HEMLOCK DR BURNSVILLE MN 55370 38 05-117-23 13 0044 PPOP ADOR 03424 EASTLAKE ST C.:![:R NAME T E RADKE A M A RAOKE TAXPAYER THOMAS E A MARGARET A RADKE N;.HE/ADDR 3424 EASTLAKE ST LONG LAKE MN 55356 38 05-117-23 14 0035 PROP ADDR 03382 BAYSIDE RD OVNER NAME A L ADDISON ETAL TAXPAYER MRS A L ADDISON NAHE/ADDR 3382 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 14 0054 PROP ADDR 03401 EASTLAKE ST O"ER NAME HARRY N BEELL ET AL TAXPAYER IDA E BEELL NAME/ADDR 2609 DUPONT AVE S MPLS MN 5540E HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 36 05-117-23 13 0035 03407 EASTLAKE ST PETER C MEYER DAVID C 9URNS 3407 EtSTLAKE ST ORONO ?N 55356 38 05-117-23 13 0040 03415 EASTLAKE ST DONNA M PRIMMER LINDA FREEMAN 20620 GARDEN RD EXCELSIOR MN 55331 38 05-117-23 13 0046 D A MONGE A H A MONGE DEAN A A NANCY A MONGE 3444 E LAKE ST S LONG LAKE MN 55356 38 05-117-23 14 0052 03390 BAYSIDE RD ROBT W A BARBARA HUGER ET AL ROBERT A BARBARA HUBER 3390 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 41 0022 00405 OXFORD RD A H BURTON JR A G L BURTON A H UPTON JR A G L UPTON 405 OXFORD ROAC LONG LAKE MN 55356 REPORT NO. PI435401 PAGE 16 '.8 05-117-23 13 0036 03409 EASTLAKE ST ANDREW FLEISCHHACKER ANDREW FLEISCHHAKER 3409 E LAKE ST LONG LAKE MH 55356 38 05-117-23 13 0043 03444 EASTLAKE ST D A MONGE A N A MONGE DEAN A A NANCY A MONGE 3444 EAST LAKE ST S LONG LAKE MN 55356 38 05-1, 0034 i+0 V4 55356 38 05-117-23 14 0053 03403 EASTLAKE ST B A L PETERSEN BRIAN PETERSEN 3403 E LAKE ST ORONO MN 55356 TOTAL BATCH 006 00014 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCU>RI - -ND TRUE REPRESEMTATION OF rNFOtMAl AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COtJHTY DEPARTMENT OF PR ERTY TAXATION. TO THE BEST OF MY KNOWLEDGE AND BELIEF DATET s P CER'I 1 F I LATE OF SURVEY FOR DENNIS MCGREEVY IN LOT 1, BLOCK 8, BAYSIDE ADDITION TO LAKE MINNETONKA HENNEP IN COUNTY, MINNESOTA Ea'stlak� r✓L;f ! C. h Vi4 0'9 I hereby certify that this is a true and correct representation of a ;,!rvey of the boundaries of the tdSt :,L feet of the West 100 feet of ` Block 8, Bayside Addition to Letie Minnetonka, and the location of all existing build- ings thereon. It does not purport to show other improvements or en- croachments. .'Cale: 1" = 20' [late 9-4-87 c Iron marker COFFIN & GRONBERG, INC. Mark S. Gr unberg L. i c . No. 1,1755 Lngi rteers, L&nd Sur'veyor s & Planners L.onq Lakv, Minnesota d F1109 JAk ,COIN ,CAKES MZ/l.� ti'5•� 3,5 �> IF RAT► i`ft , 7Q S `' U 0 UR�'oM ,] G ROO C /0 k. /4 , , TO S Q A :-E S=flE VXE VJ r-AC3 P4%r vJEST r -f I lq(o Ha c-d C>je.r 1�)%<�nc� rv, Eus+- Lake 5-kr-rz��C M14ft .#ar A*W id ► 5V iblIVtowll Q,A*ent anvl comet, +"on Nt MCI* W-eO aid Sao;c Loco:�:,ons Naac- :S,,t ect a ��l► p 1 LEAST LAKE STFLEF-T i 3403 I V ACan't- t 3+3407 --I i r � , i.Task �403 TN C�� H y 1Y�sch2r of E3a1y`,,d,— A,"—i,. � If1�.Cc\�fz':i CUf ttllT (OT I.11�5 `` �nd.t:ra�r i 01'�q�nct� �Q�12� `G'TS Mq HARDCOVER CALCULATIONS FOR 3405 EASTLAKE STREET, ORONO ZONING FILE #1196 250-500' Zone (includes all of lot) Total Lot Area = 5,100 s.f. (.18 acres) Existing Hardcover = 1,492 s.f. (29.3%) House = 56`' 4 s.f. Driveway = j60 s.f. Deck = 244 s.f. Shed = 83.4 s.f. Well Box = 21.6 s.f. Storage Box = 9.7 s.f. Stairs = 4.9 s.f. Proposed Hardcover = 1,504 s.f. (29.5%) Existing Hardcover (1,492 s.f.) & Proposed Stairs (12 s.f.) `.lowed Hardcover = 1,530 s.f. (30%) CITY of ORONO Yost Office Box 66•Crystal Boy, Minnesota 55323•Municipal Offices On the North Shore of Lake Minnetonka February 27, 1986 Dennis E. McGreevy 3405 Eastlake Street Long Lake, MN 55356 Re: Proposed -'Aition - 2nd Story Dear Mr. McGreevy: In our discussion regarding your proposal to add a second story room, I mentioned that a variance might be necessary in order to construct that addition. In fact, because a Fecond story addition will effectively increase the number of rooms useful as bedrooms from one existing to at least two, there is no question that the addition will increase the potential number of occupants and the potential wasteload to the septic system. Munic- nal Code Section 12.30 Subd (4) E, copy attached, requires that a permit - an addition such as you propose may not be issued until your septic system is certified as in compliance with the code. A variance would be required because your septic system does not comply and cannot be made to comply with code standards for the following reasons: 1) City Code requires 5.i inimuni separation from septic tanks to well, 75' minimum between nfield and well. Your existing weal is about 30' from septic tanks , d less than 50' to the drainfield. The well cannot be relocated so that it will leave an adequate area for all future septic system needs. 2) Septic systems must be located at least 75' from lakes, rivers and steams. Your existing system does not meet this standard and cannot V-elocated on your property t,,) meet this standard. 3) Drainfieids must be located at least 3' above the highest known water. table. Your septic •.yrtem does not appear to meet this criteria and could only meet this criteria if a mound -type system was installed, but there again is not a legal location on your property to place such a system. BUILDING A ZONING - 473-7.137 • AMI INISTR ATION A FIN ANCF - 473-715;t • I't'Itl It 0,)IRKS J' 1 157 ASSESSING It would appear that the only way your system could be revised would be installation of a holding tank, requiring City Council approval as was the case with your neighbor, Mr. Balgaard at 3435 Eastlake Street. Because it will require Council approval to add on to your home, I am enclosing the variance app: is ation forms. I mi.l,st tell you that because this area is under consideration for installation c,f municipal sewers, City staff would recommend to Council that a decision be made on the sewer before acting on your application. Please contact me at 473-7357 if you have any questions. Sincere Michael P. Ga ;fron Assistant Zoning Administrator enc: MPG/ak l § 12.30 Subd. 4. General Provisions. A. Treatment Required. All sewage generated within the City shall be disposed of by connection to the City sewer system or shall be treated and disposed of in an on -site system according to the provisions of this Section. B. Jurisdiction. The provisions of this Section shall apply to the method of sewage disposal from every building within the City intended for human use or habitation, whether such use is permanent, temporary or seasonal, regardless of the date of original construction or use. 1. Vae owners of all buildings where City sewer is available or becomes available, shall connect the buildings to the City sewer within 16 months of the availability of the sewer according to the provisions of City Code. 2. The owners of t:- buildings which have been completely connected to City sewer all be exempt from the maintenance and inspection provisions of trig Section. C. Standard System Required. In areas not served by City sewer systems, sufficient open land of suitable :^il characteristics shall be provided for each building to allow for the design, construction and use of a "standard" on -site system. Standard systems are the only new systems permitted by thiE Section without a variance thereto. Source: City Code Effective Date: 4-1-84 D. Variances. Should the City find that any of the provisions of this Section are not applicable to the design, location, or construction of a specific system, or would cause unnecessary or unintended hardship to the owner, the City may permit such variations therefrom as are not contrary to the intent and purpose of this Section or other applicable law. 1. Variance applications shall be reviewed by the City upon written request of the owner or the owner's agent. 2. Variar,ces, when approved, shall be subject to all conditions and requirement established by the City at the time of approval or thereafter. 3. Alternative system designs shall be reviewed by the City who shall-ppro•,e, condi'ionally approve or disapprove of the proposal. Tle owner shall submit complete site evaluation, design, construction and material specifications as required by the Design Mznual and/, .r the Ci` and the owner shall pay all costs incurred by the City in the review of the proposal. ORONO CC 493 (4-1-84) ;, j 2.,,n 4. Site limitations incIud;.ng soil characteristics and lot size may require Alternative System design for the repair, alteration, extension or ren1-----r nt of existing systems, or for the construction of new systems on lots of record as of the date of adoption of this Section. In such cases, the City shall have authority to approve, conditionally approve or disapprove the proposal. 5. Subdivision proposals may include Alternative Systems for one or more proposed lots. in such cases, the City's review and recommendations shall be forwarded to the Planning Commission and Council for inclusion in the review of the! preliminary plat. The Council may approve, conditionally approve or disapprove of the proposal and may require that the proposed subdivision be redesigned to reduce or eliminate the use of Alternative Systems. E. Building Permit Applications. No building permit shall be issued by the Circy for any new building which will be connected to a new on -site system until the site evaluation report and system design specifications as required by the Design Manual have been reviewed and approved by the City. No building permit or plumbing permit shall be issued by the City for any expansion or alteration of a building or use connected to an existing on -site system, until such system has been inspected and certified by the City as being in compliance with this Section. Whenever the addition of bedrooms or lumbing fixtures, or a change in the character or intensity of the established use is proposed, the City may require the review and/or replacement, repair, alteration or expansion of the existing system or any portion thereof. F. Subdivision Applications. No subdivision, lot division or repla-ting for the purpose of creating a new building site, which property includes the use ar on -site systems, shall be approved by the City until a site evaluation report as required by the Design Manual has been reviewed and approved by the City, and all existing systems have been inspected and certified by the City as being in comi'_iance with this Section. 1. Wherever the site evaluation report inC.;- cates slopes in excess of 12%, or percolation rates slower than 60 minutes pc inch, or ground water table less than five feet rieep, or soil , sifications requiring the use of Alternative Systems, the site evaluation report shall also include specifis system design spec..fi ations as normally requi—d for building permit applications. 2. As part of any subdivision, the ow•,er shall grant to the City in a form approved by the City a perpetual right of entry to allow for the future inspectio., of all systems, which l right of entry may be filed in the chain of title for the property. ORONO CC 494 (4-1 -9 1 ) City of ORONO RESOLUTION OF THE CITY COUNCIL NO. ' A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION E (B) FILE #1196 WHEREAS, Dennis McGreevy (hereinafter "the applicant") is the owner of the property located at 34U5 Eastlake otreet within the City of Orono (hereinafter "City") and legall• s r ed as the East 50 feet of the West 100 feet of Lot 1, Block 8, B, tiide :.ddition to Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the propert,,''); and WHEREA,', the applicant has applied to the City for variances to Municipal Zoning Code Section 10.23, Subdivision 3 (B) to permit the construction of a three season porch located 15 from the front lot line instead of the required 50 feet ar 11.5 feet from the east side lot line and 13.5 feet from the west side lo: line instead of the required 30 feet. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1196. 2. The property is located in the LR-lA Single Family Lakeshore Residential Zoning District. 3. The Orgy; nning Commission reviewed this application on September 21, i s ;.,1 recommended approval of the proposed variances based upon the foiAowing findings: A) The proposed addition and overr.'' size of the residence will be consistent with the pattlern oy :loped properties within the Eastlake Street neighborhood. B) The improvements on the substandard property do not exceed the 30 percent hardcover allowance. 4. The City Council has considered this applicat. includi,g the findings and recommen:'ations of the Flann)ng Commission, rep s by City staff, comments by the applicant and the effect of the F .,,,osed variances on the health, rafety and welfare of the ccmmunity. Page 1 of 3 RESOLUTION OF THE CI . Y COUNCIL NO. 5,+ The C Council `iris that the cond_ „ions existing on this property peculiar t "` an., ;o not apply generally to other property in tha.s zoning u_ ;r.ric.•.; ',:hat granting the variances would not adversely affect traffic condi� ions. ' ight, air nor pose a fire hazard or other danger to neighboring prc I-y; would not merely serve as a convenience to the applicant, but ecessary to alleviate a demonstrable nardship or difficulty; iecessary to preserve a substantial prcrVarty right of the applican. • »-)uld be ir keeping with the ooirit and intent of the Zoning Cr Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIUN., Based upon one or more of the findings .ioted above, the Orono City Council hereby grants a variance per Municipal Zoning Code Section 10.23, Subu.ivision 3 (B) to permit the construction of a three season porch 15 feet from the front lot line instead of the required 50 feet and 11.5 feet from the east .,ide lot line and 13.5 feat from the west side lot instead of the requir 30 feet, subject to the following conditions: 1. No other exf )sions in living area shall be approved for this property until the property is connected to municipal sewer. 2. Authorities granted with this resolution run with the pr-- Zy not with the applicants, but are permissive c y and must be exercised by application for a building permit with . one year of the date of Council approval, or this variance will xpire on that dac.: (October 12, 1988). 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall cc.istitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable ac a misdemeanor. 4. The undersi;ned applicant have read, understood and agrees to the terms of this resolution and on behalf of himselL. 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 thi. 12th . October, 1987. ATTEST Dorothy M. liallin,_-: y c:)�=rk James R. Grabek, Mayor Trope• `.y Owner (r)— Pajo 2 of 3 I To: Mayor Grabek & Orono Council Members City Administrator Bernhirdson ,rL to• V. �i 6 From: Mary Jo I�nott, Zoning & Septic Aide Jeanne A. Mabusth, Building & Zoning Administrator Date: September 16, 1987 Subject: #1198 David William Rahn, 1134 Wildhurst Trail - Variances - Public hearing Zoning District - LR-lB Single Family Lakeshore Residential (1 acre) Application - Front line setback variance and a front yard setback variance to construct a 24'x36' detached garage 10' f rom the f ront property line and 25 feet in front of the front line of the principal residence. Pertinent Facts Hardcover 250-500' Zone Total Area = 40,318 s.f. Existing = 2,689 s.f. (6.7%) Proposed = 4,093 s.f. (10.2%) Allowed = 12,095 s.f. (30%) Variance = None Front Yard Setback for all Struc�ures Proposed = 10' Required = 35' Variance = 25' (71.4%) Front Line Setback Variance Proposed = 25' Required = 35' Pertinent Ordinances - Section 10.03, Subdivision 9 (D) - Accessory Buildings; Section 10.24, Subdivision 5 (B) - Lot Requirements Hardships - The well is southwest of the existing house which prevents this conformir location from being used. The steel) slopes that are north and southwest of the existing house wou.Ld require major land alterations. List of Bahibite Exhibit A - :application Exhibit B - .'lat Map Exhibit C - -operty Owners List Exhibit D - rvey Exhibit E • gram of Lot Discussion - The applicant has applied for a front line setback variance and a front yard setback variance. The proposed front setback is 10' from the Font lot line as opposed to the required 35' which leaves a variance of 5' (71.1%). The garage is placed 25' in front of the front line of the house at its closest point (see Exhibit F.). Zoning File #1198 September 16, 1987 Page 2 of 3 The subdivision of this lot took place between 1976 and 1977. The house was built in 1986. Currently, the lot does not have a garage. The property has City sewer and a well (see Exhibit E). The parcel has thick vegetation partially covering the lot. There are steep slopes northwest and south of the existing house. There are siight slopes on the proposed garage location. The steep slopes start approximately 3' from the east side of the proposed garage location. The well is slightly less than 3' from the proposed driveway location. The Planning Commission should ask the applicant if mov'_ng the proposed garage location back 2' would represent a problem. This would create a proposed front setback of 12' and a variance of 23' (65.7%). This is a decrease in variance of 5.7%. Staff notes that if the proposed garage is moved to the east further, more extensive land alteration would be needed to accommodate the structure. The existing driveway will remain and will be extended to the proposed garage (see Exhibit E). The proposed garage location has a notable change in elevation when comparing it to the elevation of Wildhurst Trail. The distance between the Wildhurst Trail pavement and the northwest lot line is 351. This means that the proposed garage will be a total of 45' from the pavement of the street. It appears that the proposed garage will not be visible from Wildhurt Trail because of the elevation diffei 7e )nd thick vegetation. The pavement of Wildhurst Trail overlaps the north coi.er of the subject property by 11' at the widest point. The Public Works Director, John Gerhardson, discussed the possibility of upgrading Wildhurst Trail. Since this street is a dead end road, the chances of upgrading appear to be remote in the near future. However, Mr. Gerhardson did feel that it would be necessary to ask for an additional 16' right-of-way on the north corner of the subject lot at its widest point. The 16' right-of-way would extend only on the north lot corner. Hardcover is not an issue (see Pertinent Facts on Page 1). There exists a drive for storage that enters the subject property from the neighbor's driveway. Staff Recommendation - Staff recommends approval of the setback variances to construct a detached garage for David William Rahn at 1134 Wildhurst Trail, based on the following hardships and findings: 1. The well is southwest of the existing house which prevents the location on the southwest side from being feasible. 2. They steep slopes that are north and southwest of the existing house would require major land alterations for a garage placement. 3. There is an elevation change from Wildhurst Trail to the proposed garage location and existing vegetation that will provide screening. Zoning File #1198 September 16, 1987 Page 3 of 3 4. The lot is a corner lot presenting unique placement problems for an accessory structure. 5. The actually paved street (Wi ldburst Trail) is located 35 feet from the front street lot line providing a total setback of 47 feet for the detached garago. 6. The hardcover th-it is being proposed is 10.2% in a 30% allowable zone. 7. The subject property does not have an existing garage. B. As of this writing, the City has received no negative comments regarding this matter. As a condition to the approval of the variances, staff recommends addressing the 16' additional right-of-way at the widest point of the north corner of the subject property. Additional Comments and Plannir.-t Commission Recommendation - October 7, 1987 The applicant has agreed to move the garage back 2 feet as recommended by the staff. The setback variances requested would now be amended as follows: Front Line Setback Section 10.03, Subdivision 9 (D) (accessory structures must not be located in front of the front line of the principal structure) Required = 35' Proposed = 23' Variance = 1.2' Front Yard Setback Section 10.24, Subdivision 5 (II) (all structures must meet required front/street yard setback) Required = 35' Proposed = 12' Variance = 23' or 66% The Planning commission moved to approve the variance application as amended per the findings and hardships noted in staff recommendation above. The enclosed approving resolution has been drafted with the condition that the applicant qrant a road and u::ility easement over the north corner of the prop: r ty. f *' G, City of ORONO RESOLUTION OF THE CITY COUNCIL t .. NO. -- - ' A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (D) AND SECTION 10.24, SUBDIVISION 5 (B) FILE #11.98 WHEFEAS, David William Rahn (hereinafter "the applicant") is the owner of the property located at 1134 t9i ldhurst Trail within the City of Orono (hereinafter "City") and legally descriLed as hots 24 and 25, Tonkaview Gardens, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 9 (D) and Section 10.24, Subdivision 5 (B) to permit the construction of a detached garage 23 feet in front of the front line of the principal structure and placed 12 feet from the front/street lot line instead of the required 35 feet. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1198. 2. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 21, 1987, and recommended approval of the proposed variances as amended based upon the following findings: A) The lot is a corner lot presenting unique placement problems for accessory structures. The ^onforming areas on the property available for construction consist of severe slopes and thick vegeta c.ion . B) The well is located at the southwest side of the house preventing construction to the southwest.. C) The actual paved roadway of Wildhurst Trail is located 35 feet from the front/street setback line resulting in a total setback of 47 feet for the proposed detached garage. D) Steep slopes to the north and southwest of the principal structure would require major. land alterations for garage and driveway placement. Page 1 of 4 `R City of ORONO CA `. E) The proposed roadway by changes RESOLUTION OF THE CITY COUNCIL NO. location of the garage is screened from the in elevation and dense vegetation. F) The property does not contain a garage. G) The total hardcover proposed for this property is at 10.2% where 30% is allowed. 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 variances 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 gran -ing the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighborinC 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 one or more of the findings noted above, the Orono City Council hereby grants variances per Municipal Zoning Code Secti-n 10.03, Subdivision 9 (D) and Section 10.24, Subdivision 5 (B) to permit the construction of a detached garage located 12 feet from the front/street setback line instead of the required 35 feet and placed 23 feet in front of the front line of the principal structure, subject to the following conditions: 1. Applicant shall grant a road and utility easmen = over the north corner of the property but not to exceed a 16 feet width providing additional area for road maintenance and utility purposes adjacent to Wildhurst Trail and Forest Lake Landing. 2. 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 approval will expire on that date (October 12, 1988). 3. Violation of or non-compliance .ith any of the terms and condition!; of this resolution shall constitute a violAtion of the zonina coda, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Paqe 2 of 4 City of ORONO RESOLUTION OF THE CITY COU14CIL NO. — - ---- --- 4. The undersigned applicant have read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 12th day of October, 1987. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s Page' 3 of I i U LI L. C: I<i c Fee /Sj. 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 /1-Sy Property Identification Number (P.I.D.) Please check one - Is the property -117-Z-3 Zy 25 Zy� 6 Z 5) abstract or Z torrens7 `ttach legal description to application if not included on required survey. -------------------------------------------------------------------------- .+PPLICANT Phone ( home) 274f' S7%s Name 64,6 ,6 ,11, ai—&AAd Phone ( work) 1n - /Q Address //3'1 KA OIL, f5I rfA, L. City zip: 's SIN --------------------------------------------------------------------------- OWNER (if different than applicant) Phone (home) Name /,� �' Phone (work) Address: City: Zip: `ITY CF AM ' ; f OFF Date Property Acquired (monthx�v (I1 VL DI C. M -----I-(do)--do- not--also-own- - - theadjacentparcels-- ofland_-:!ECK Tt 150.00 PRESENT USE OF PROPERTY 741 1 e r 01 MA T14:2 1 Present Zoning District , OS ��1'BT Present Use of Property fp,..;�Residential Other (specify) ------------------------------------- ------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $,3L, o0 Deperibe request in detail:/0 ------------- -------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances (10 Front'' Side Rear) Other �! ---------------------------------------------------------------------------- HARDSH- P Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: ',V46 r ,r r --------------------------------------------------------------------------- DESCRIPTION OF UNUSUAI, PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: jd/,�� P,,,<,j Wei, �,.,�.�,�,� ; f c..ovlo� ,�4m�Lffc �.1 fv - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - REQUIRED SUBMITTALS 1. Completed Application Dorm 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 calculaticn:: 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 guested by the Zoning Administrator, agrees to pay all fees and/or t sual 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 !��,�1 zn%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 _ r Date ' ------------------- s-T------------------------------------,---------- 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 ica,its 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 & Zoning Office of this change prior to the meeting. 4.'11 60 59 e 4 63 soft. PART LO 5 ArR No. 149 10 16) 12 25 24 23 l9b 22 AD I� �� I /010 Cc 15 1 14 17 /14 13 R-Le RLR1 CATE C3/17/87 BATCH 004 38 07-117-23 23 0025 /. PROP AM 1111,31 WILDHlrST TR C*=P NAME JAMES M i BETiY M PHELAN TAXPAYER tRt$OLD M SOr;(IN NAME/ADDR 802 EDGEr = OR HCpLINS MN 55343 r 38 07-117-23 24 0015 PRO? ADDR 04460 FOREST LAKE LANDING O1.T:ER NAME 0 i H OVERSOE TA;P:YER OLE A HELEN OVERBOE NAME/AOCR 4450 FOREST LAKE LANDINGS MOUND MN 55364 38 07-117-23 24 0027 XP-NM AODP 01146 WILDHURST TR C:A•'ER NAME LYLE E RAHN ETAL TA'hPAYER LYLE E RAHN V!-ME/ADDR 1141, WILOHURST TRAIL MOUND MH 55364 38 07-117-23 24 COSS PROP ADDR 0'+465 FOREST LAXE LANDING \� =1ER NAME THE FIRST NATL 8K MACCHIA T; X;'AYER RAY H PETERS P!At'E/ADDR 4465 FOREST LAKE LANDING MOLIe� r!N 55364 38 07-117-23 24 0042 F^OP ADOR 0441111 FOREST LAKE LANDING .ER NAME JIMSCN C i FRANCHIE R ROGIRS ITAKPAYER Jt_MSC`1 C ti FPENCHIE R ROGERS H-KE/AOCR 4480 FO'=EST LAKE LAtZ)It.a OPONO MH 55364 PROP AMR C"4fR t!,rPtE TA`t?AltR TOTAL BATCH 004 00015 H-the/ADOR HENNEPIN comm PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 07-117-23 24 0007 01186 WILOHLIPST TR J�\ X EDWIN R SANDIN ETAL /EDWIN R SANDIN 1186 WILDHURST TR MUM MN 55364 38 07-117-23 24 0023 04475 FOREST LAKE LANDING RAY 0 4UPLEY PAY DONALD HURLEY 4475 FOREST LAKE LANDING MOUND MN 55364 38 07-117-23 24 0029 01085 WILDHURST T H A SCHULTZ ETAL HARVEY A SCtIULTZ YWILCHURST TRAIL MOUND tot 55364 38 07-117-23 24 004n 04470 FOREST LAKE L0:'1ING XRALPH L d ANNE E HALM MARGARET J tV=ONALD 6035 LINCOLN DI: EDINa t4J 55435 33 07-117-23 24 0043 01131 WILDHUAST TR \' T J' TE A P M WOOD T J PATE A P M 1:000 1131 WILDHURST TR URP;NO MN 55364 REPORT NO. PI435401 PAGE 6 38 07-117-23 24 0011 01080 WILDHURST TR DIANE E BENSON DIANE E BENSON 1080 WILOHURST TRAIL KoUtm MN 55391 38 07-117-23 24 0024 04475 FOREST LAKE LANDING RAY D HURLEY RAY D HUR! r'; 4475 FOREST LAKE LANDING MMM Mtt 55364 38 07-117-23 24 0037 04455 FOREST LAKE LANDING \ / ROGER KRAINES i WIFE /J(\ S E PYATT i K M PYATT 4455 FOREST LAKE LANDING tSOUND MN 55364 38 07-117-23 24 0041 04490 FOFESi LAKE LANDING L L VOIT S J R VOIT / LOUIS L VOIT 4490 FOREST LAKE LAt4)ING tbUt:D MN 55364 38 07-117-23 24 0044 \ 01134 WILDHUPST 1R DAVID W RAHN DAVID W RtHV 1134 WILDIIU•'ST TR ORONO ttat 55364 I `+ 'A`i 09/17i87 HENNEPIN COUNT" .^40PERTY INF(7MATION SYSTEM REPORT NO. FI435401 PRUPEkTY OWNERS L'ST PAGE 7 OC. I CERTIFY THAT Ti!E FACTS REPRESENTED ARE AN ACCURATE AND TRUE &[PRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RF.CORJS OF THE HENNEPIN COU!47Y DEPARTMENT OF PROPER TAXATION. TO T eEST OF MY KNOWLEDGE AtO BELIEF. / n _/iJ �� • 1.r hrreby cerllly 1l.al Inis is true and correct rrpresenlalion of a survey of the boundaries of the land above described and of Ih, location of all buildings, if any, thereon, and all visible encroachments• it ary, from or on said land. Daled this Ind day of April, 1986. rGAN. F 1 FLD i NOWAK, INC. / Surveyors Minnesota Registrallon No. 9053 /10 N � o 9 1 SCALE: •• / r► Indic stes proposed elecalloe. r ; t Proposed: lop of (flock 4 All 7 -� TO: Mayor Grabek and Councilmembers City Administrator Bernhardson (jt{UNU FROM: Mary Jo Knott, Septic & Zoning Aide Jeanne Mabusth, Building & Zoning Administrator DATE: October 8, 1987 SOBJ: #1202 Paul Schueller, 1280 Spruce Place - Variance - Public Hearing Zoning District - LR-1B Single Family Lakeshore Residential (1 Acre) Application - Front setback variance and hardcover variance to construct a detached garage 3' from the side lot line and increasing hardcover in the 75-250' zone by 1,291 s.f. Pertinent Facts - Lot Size = 9,400 s.f. (.27 acres) Hardcover Calculations: 0-75' Area = 3750 s.f. Allowed = 0 Existing = 530.5 s.f. (14.1%) Proposed = No change 75-250' Area = 5650 s.f. Allowed = 1412.5 s.f. or 25% Existing = 1289 s.f. or 22.8% Proposed by applicant = 2594 s.f. or 45.9% ** Proposed by Planning Commission = 2210 s.f. or 39% Proposed variance by applicant = 1181.5 s.f. or 20.9% Proposed variance by Planning Commission = 797.5 s.f. or 14% * Existing Hardcover: house 75-250' = 517 s.f. steps = 18 s.f. drive = 600 s.f. shed = 28 s.f. walk = 126 s.f. Total = 1289 s.f. "Proposed Hardcover: house = 517 s.f. steps = 25 s.f. drive = 894 s.f. walk = 198 s.f. garage = 960 s.f. Total =2594 s.f. (shed to be removed) Zoning File #1202 October 8, 1987 Page 2 Front Setback: Existing = 93' Proposed = 30' Required = 10' Variance = none Side Setback: Existing = 10' Proposed = 3' Required = 10' Variance = 7' (70%) Pertinent Ordinances Section 10.03 Subdivision 15(F) - Accessory Structure - Side setback Section 10.22 Subdivision 2 - Hardcover Section 10.24 Subdivision 5(B) - Lot Requirements Hardships - 1. The lot was subdivided and house was built before any ordinances existed. 2. Currently, there is not a garage on th-.s lot, hence, the need for storage space. 3. The sewer lines are located 19' below the surface and aze located approximately 10-15' in from the north lot line. 4. The lot is 50' wide, therefore, preventing access to the garage doors from the side. List of Exhibits A - Application B - Plat Map C - Property Owners List D -• Survey Hardcover Diagram F - Proposed Plans G - Letter from 1280 Spruce Place li - Approximate sewer and future water hook-up locations Discussion - The applicant has applied for a side setback variance and a hardcover variance. The proposed side setback is 3' from the lot line facing south as opposed to the required 10' leaving a variance of 7' (70%). The proposed garage meets all other required setbacks for the LR-lB zoning district. The hardcover is not effected in the 0-75' zone. There is a proposed increase of hardcover in the 75-250' zone by 1,181.5 s.f. The proposed plans include: a 40' x 24' ,arage; an addition to the existing driveway, thus the driveway would total 894 s.f.; a replacement Zoning File #1202 October 8,1987 Page 3 sidewalk of 3' x 66'; and replacement stairs of 3' x 6'. This would require a variance of 20.9% (refer to the pertinent facts on Page 1 and exhibit E). The house appears to be built around 1915. The lot was subdivided prior to this time and before any ordinances existed. The lot is .27 acres in a 1 acre zoning district. The lot is 50' wide. The west lot line abutts the right-of-way to Spruce Place. The paved portion of Spruce Place is 11' away from the subject property's lot line. The lot is located on Spruce Place right before approaching a steep slope on the street. The lot has a slight slope toward Lake Minnetonka to the east. The lot has a well approximately 16' from the northwest corner of the existing house. The City sewer pipes are 19' below the sur.,ce and 10-15' from the north lot line. A crimped water pipe runs along the north lot line above the sewer line and is ready for future hook-up when City water becomes available. The applicant discussed a need for the proposed turn -around drive. Spruce Place is a dead end road but goes up a hill to the south. This creates a safety concern for the applicant. The lot to the south (see exhibit B) went tax forfeit to the State. Eventually the two adjacent property owners had an opportunity to bid. The owners at 1300 Spruce Place had the higher bid. The current owners then tried to acquire the land across the street to build a garage on that lot. The 2ity of Orono owns the lot and did not want to sell it. Additional storage is essential for this property. The equipment and supplies that are currently stored out in the yard will be placed inside the garage. Additional Coments and Planning Commission Recommendation - Planning Commission advised the applicant that the property was -everely substandard in area and that the hardcover variances nought was far too excessive. Planning Commission stated the garage would have to be kept at 24'x 24' (typical 2 cai garage) and advised applicant to build a basement storage foundation under the garage taking advantage of the sloping elevations. By reducing the garage from 241x 40' (960 s.f.) to 24'x 24' (576 s.f.) the total hardcover increase including the improved driveway, walkway and stairs at 1117 s.f. (an increase of 373 s.f. over existing 744 s.f.) would be maintained at 39% rather than original 45.97% Council meay consider further reductions in additional hardcover resulting from proposed improvements. Zoning File #1202 October 8, 1987 Page 4 Compare Existing and Proposed accessory improvements: Existing Proposed shed = 28 s.f. steps = 18 s.f. steps = 25 s.f. drive = 600 s.f. drive = 894 s.f. walkway = 126 s.f. walkway = 198 s.f. 772 s.f. or 13.6% 1117 s.f. or 19.7% house = 517 s.f. or 9.15% 241x 24' garage = 576 s.f. or 10.19% At 35% total hardcover - accessory improvements must be limited to 904 s.f. at 15.6%. At 36% total hardcover - accessory improvements must be limited to 960.5 s.f. at 16.6%. At 37% total hardcover - accessory improvements must be limited to 1017 s.f. at 17.6%. At 38% total hardcover - accessory improvements must be limited to 1073.5 s.f. at 18.6%. The enclosed approval resolution has been drafted for your consideration per the Planning Commission recommendation holding total hardcover at 39%. The following findings and hardships were noted in their recommendation: 1. The lot was subdivided and the house wa: ;)ui It prior to any ordinances. 2. The lot currently does not have a garage. 3. The proposed plan will allow access to existing sewer and water pipes. 4. The lot is 50' wide, therefore, preventing access to the garage doors from the side. 5. The placement of a conforming garage would eliminate a turn -around drive. 6. The applicant has tried to acquire additional land. 7. The City has received only positive co,^ments from the neighbors in the area. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 15 M AND SECTION 10.22, SUBDIVISION 2 FILE #1202 WHEREAS, Paul Schueller (hereinafter "the applicant") is the owner of the property locoed at 1280 Spruce Place within the City of Orono (hereinafter "City") and legally described as Lot 3, Block 1, Saga Hill Revised, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant b-s applied to the City for variances to Municipal Zoning Code Sections 10.03, Subdivision 15(F) and 10.22, Subdivision 2 to permit the construction of a detached 24'x 24' garage located 3 feet from the side lot line instead of the required 10 feet and additional improvements on the property requiring a 14% hardcover variance in excess of the allowed 25%. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1202. 2. The property is located in the LR-1B Lakeshore Residential Zoning nistrict. 3. The Orono Planninq Commission reviewed this application on September 21, 1987, and recommended approval of the variances based on the following findings: a. The lot %.gas subdivic'C, d and the house constructed prior to zoning ordinances. b. The property does not contain a garage. c. The placement of the garage and driveway to the south side of the lot will allow access to existing sewer and water lines. d The lot is too narrow to allow doors at the side of the rage structure with a turnaround on the property. Page 1 of 4 1'- City of ORONO RESOLUTION OF THE CITY COUNCIL NO. e. The City can confirm that applicant has made every attempt to acquire additional lands in order to construct the m>>ch needed garage and storage area. f. The City has received only positive comments from the affected neighbors. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff , comments by the Uppl icant and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the 'Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or --re of the findings noted above, The Orono City Council hereby grac;ts variances to Municipal Zoning Coae Sections 10.03, Subdivision 15(F) and 10.22, Subdivision 2 to the permit the construction of ;�: detached Garage placed 3 feet from the side lot line instead of the roquir_1 10 feet and additional improvements on the property requiring a 14% hardcover variance in excess of allowed 25% subject tLthe following con,?itions: 1. The existing shed in the street yard shall be removed prior to the issuance of a building permit for new construction. 2. 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 this variance will expire on that date (October 12, 1988). Par,c of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL 1 NO. 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Cour.ci 1 on this 12th day of October, 1987. ATTEST: Dorothy M. Hallin, City Clerk Property Owner(s) James R. Grabek, Mayor / 1 , uu c; �e �wu� Fee ��5�.I',) Receipt ¢ `' t 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 R Property Identification Number (P.I.D.) Q d ^// 7 - 3 a Please check one - Is the property abstract or torrens? '\ttach legal description to application if not inci"ded on required survey. --------------------------------------------------------------------------- APPLICANT J YV " 75& 7 Phone ( home) - q? Name F ��i(, �'E' (� Phone ( work) Sj'� r 3 1 Address: /,2G% Set -(-A C :� P1, City: �ZJZip: :4MM (if different than 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 Residential Other (specify) ---------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: 1�`.'�G�D00 -------------------------------------------------------------,��r---�r---�++-t VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances ( Front Side Rear) Other -&I HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: .3 5 't,>Mc C-e"t-1� --------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions pKeventing compliance with Zoning Code Requirementp : n ) n�,n � ALe% 7 r" 5 Lu 'L- «-,nr ------------------------------------------ --------------------------------- REQUIR.ED SUBMITTALS 1. �:ompleted 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 (N10) 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 Den!-:---:.nt 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 Zoninq Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date 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 Counc members for purposes of investiga- tion and verification. this rrtque Owner's Signature i _k , :n i /^"Ik Date ------------------- ----- �--------------- ------------------------------ Applicant must have all sdhmittals 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 authorized agent attend in your place and to advise the Building i Zoning Office of this change prior to the meeting. f� f �... , ♦ ��f I m �� Z t'S oS o5 05 0� OS 6 JS/ ♦. cc J L i• ~goo Rb qr 4 i Ln Q o 7 �'• � � �+ � Sl I fi' O:t'y o \�C 0 • N Oi Cr 40 0 �c ti M1 � ti ►. �. *. a� ' s, OYC Oil ` �• y �` �`� � _ y° � ' 'V m �bt •N ,tif, r.. O ti ti o a �~e x _ o a O • M C b /S a o w + L� •• e c, a O Q 4 NORTH ARM DR NA ate' �� • qr N in— tv naz7'- - 0% /' C� - Nly 19 4 . I Imo^ •� `t v: cy Nd p RUN DATE 06/31/87 BATCH 008 38 07-117-23 41 0076 PROP ADDR 01254 LOMA LIMA AVE %4NER NAME R i J GANTNER TAXPAYER RONALD A JANICE GANTNER NAME/AOOR 1254 LOMA LIMOA AVE t'lOUtM MH 55364 38 08-117-23 32 0012 FROP ADOR 012E0 SPRUCE PL O:d:ER tiAttE EVAN A AMERSON ETAL TAXPAYER EVAH A ANDERSON NAME/ADDR 1260 SrRL'CE PLACE MOLAR ml 55364 38 CS-117-23 32 0015 PROP ADDR 012l;0 SPRUCE PL OAlFR NAME STATE LAM DEPT TAXPAYER JEFFREY E PAGE NAME/ADDR 1300 SPRUCE PLACE M=:D MIttl 55364 38 08-117-23 32 008 PROP ADDR 01318 SPRUCE PL CUNtER VAME K.EITH L FISH ETAL TAXPAYER KEITH L FISH NAME/ADDR 1310 SPRUCE PLACE MUM tN 55364 HENNEPIN COUNTY PROPERTY INFORBIATIOII SYSTEM PROPERTY OWNERS LIST 38 07-117-23 41 0077 01254 1" LIMA AVE JACK E MAXWELL ETAL RONALD i JANICE GANTNER 1254 1" LIfDA AVE MOUND MH 55364 38 08-117-23 32 0013 01270 SPRUCE PL K N A E E FRICKSCH KENNETH i ELAINE ERICKSON 2773 CASCO POINT RO WAYZATA MH 55391 38 08-117-23 32 0016 01300 SPRUCE PL JEFFREY EDWIN PAGE JEFFREY E PAGE 1300 SPRUCE PLACE MOLAR MN 55364 TOTAL BATCH 008 00010 REPORT NO. PI435401 PAGE 14 38 08-117-23 32 0008 01250 5PRUCE PL W W WOLFE ETAL W N WOLFE 12SO SPRUCE PLACE MOUND MH 55364 38 08-117-23 32 0014 01280 SPRUCE PL P J A S J SCHUELLER PAUL J i SUSAN J SCHUELLER 1280 SPRUCE PL MOUND MN 55364 38 08-117-23 32 0017 01310 SPRUCE PL JOHN W Wl LKER JOHN N WALKER 1310 SPRUCE PLACE MOUND MH 55364 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON TjiE RECORDS OF THE HEt01EPTH COUNTY DEPAR OF PROPERTY TAXATION�'�d THE BEST OF MY KNOWLEDGE AND BELIEFr, /J DATEG� BY Uo-117-Z3 31 0014 PaI,L J �VScN J SCMULLLLK 1�6L SPKUL.t PL M,I.NL; Mh 5,.Sb4 `V 46.6...r .b r r r V — A► .r r.. V A. 60 %0 A. W r �J PAUL & SUE SCHUELLER Prepared for ; 1h \ \5 3A A 110 (°0 VaCa i LEGAL DESCRIPTION: Lot 3, BLock 1, SAGA HILL REVISED, according to the recorded plat thereof, Hennepin County, Minnesota. GENERAL NOTES V Denotes iron monument +" Denotes cross chiseled in concrete x 939.7 Denotes existing spot elevation 939 Denotes proposed scot elevation 6 Denotes surface drainage Dashed contour lines denotes proposed features Solid contour tines denotes existing features Proposed top of foundation elevation = Proposed basement floor elevation = Proposed garage floor elevation = BENCHMARK: _ALL -METRO LAND I hereby certify that this survey, plan o►report SCAL-_ was prepared by me or under my direct supervision I _ 30 �iiJRVEYORS and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. BOOK ppp E -tA-- I Boa c • 1(t° ,a 0?C) Af-eo, = 3(, 50 Cgi 1 A rem : 3, T 50 s.- , A l lowed : O o s,4, W,.— — 7C;' C r' FLU-lStt Gj.RhbE w c J, J !� 6 f t6 J� SLOPE Cite o� ��y "c vt� Q * - _GARA�6E Fog P0.l�tl _SUE -.LC-t E IIER i a4 o"—S P cE P rno u m . ti R- K =NiJ��lflTt S �'UC n— e NCH t a� � Z f Q � C�wAJ IUD W �I.:DCuJS r CARAGe 40'x a� SCAB A k#«_ I' 4�f� 6,, t- f 4- SQJ,t,F- �-1"-& F, 1 5oU'r"wCZrELC,MrcDA' `I 1 j , I 1 ` r /Ra1, j I � i l l i I r r , . ----•- -' a4t�loE �.-t SUE. No�'H WEST E�.4=lrtc� -- ,I" Isarrvnt c,, >ro NAC. POY. SOFZT �, to" &LO{7= FAST. S141V-1X14_ _1 � a- S�O�u-- to Ir►�4,�- �RnyE.S - - q C.E LA �sES \ =Sa is 4K'K F it T� 06 S~54�►ObutJ5 a nxt4Ov, 500,$ c ,- o .Ir_ City of Orono Planning Commision September 15, 1987 To whom it may concern: As homeowners at ; 260 Spruce Place we have no objections to the variance requested by Paul Schueller at 1280 Spruce Place. We have a very quiet, one block long, dead end street. Schueller's new garage will be an asset to our street. Sincerly, Evan and Nancy Andc. rson rs SEP 16 0,67 i -#iaoa IN Approx"frQ+e, - and FL.A+L re- Wa+er Hoac>k-up pe5 Ar-e. I oro�,,,A I d-1 s ��an nor-4�h 10.4 I.�rz \%AO 1�b•'� 1 , L b� T -44- 4�1��zr F'�'- iS Ct- mPep� t.Ar\t, I C, I e- I "• 30 I To: Mayor Giabek & firnno Council Members City Administrator Berni�ardson From: Mary Jo Knott, Zoning & Septiu Aidc Jeanne A. Mabusth, Building & Zoning Administrator Date: September 16, 1987 Subject: #1200 Thomas Scherber, 1820 Shadywood Road - Variance - Public Hearing - Resolution Zoning District - LR-lC Single Family Lakeshore Residential (h acre) Application - Hardcover variance to build a 61x14' deck extending from the master bedroom. Pertinent !acts - 0-75' HARDCOVER INVENTORY * Total Area = 10,148 s.f. Existing - 1,717 s.f. (16.9%) Allowed - 0 s.f. (0%) Variance - 1,717 s.f. (16.9%) 75-250' Total Area = 25,080 s.f. Existing - 7,220 s.f. (28.8%) Proposed - 6,904 s.f. (27.5%) Allowed = 6,270 s.f. (25%) Variance Existing - 950 s.f. (3.8%) Variance Proposed - 634 s.f. (2.5%) Net Decrease in Hardcover = 316 s.f. (1.38) 250-500' Total Area = 6,500 s.f. Existing = 490 s.f. (7.58) Allowed = 1,950 s.f. (30%) Variance = None * The pink rock does not have plastic unda.neath, therefore, is not considered hardcover. Pertinent Ordinance - Section 10.22, Subdivision 2 - Hardcover List of Rzhibits - Exhibit A - Application Exhibit B - Plat Map Exhibit C - Proper-y Owners List Exhibit D - Survey Exhibit E - Hardcover Diagram Exhibit F - Photograph of Proposed Deck Area (to be shown at meeting) Exhibit G - Acknowledgement Sheet From Neighbor Zoning File #1200 September 16, 1987 Page 2 of 2 Discussion - The applicant has applied for a hardcover variance to construct a 6'xl4' second story deck. The property has City sewer and water. The applicant acquired the property in August, 1986. The sliding gYass door was already in place facing the lakeshore off the master bedroom. The distance from the sliding door to the ground .s 81. The applicant has expressed a concern with the safety in this situation. The hardcover was reviewed (see Exhibit E). The applicant proposes no changes in the 0-75' zone and the 250-500' zone. The applicant is proposing an overall decrease in square footage of hardcover in the 75-250' zone. The 200 s.f. of existing concrete slab would be removed and a 84 s.f. deck would be constructed. This would mean a net decrease in hardcover by 116 s.f. The concrete slab is located east of the garage and the proposed deck would be located on the northeast side of the existing house facing the lakeshore. The evergreen shrub would be removed to accommodate the proposed deck. Additional Cos■ients and Planning Comission RecossDendation - October 7, 1987 The Planning Commission questioned improvements within applicant's lakeshore yard seeking removal of existing hardcover within the 0-75 feet setback area. The applicant advised that the existing shed and gazebo were it excellent condition and used by hi- family. Planning Commission noted that the applicant does propose to reduce hardcover within the 75-250' setback area by 1.3% ;trA that within the 250-500' setback area there is 7.5% of hardcover where 30 is allowed. In addition, the applicant was advised that there would be other methods available to provide necessary safety for existing sliding door other than construction of a deck if application is denied. Planning Commission approved the 6'xl4' upper story deck based on the following findings: 1. The deck creates no view problems, for uAjacent neighbors. 2. Hardcover within the 75-250' setback area will be reduced 1.3%. 3. The City has received no negative comments from adjacent neighbors. Approval is subject to the condition that the 20'x20' concrete slab within the 75' to 250' setback area must be removed prior to the issuance of a building permit for the 6'xl4' deck. Cite of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE #1200 WHEREAS, Thomas Scherber (hereinafter "the applicant") is the owner of the property located at 1820 Shal:ywood Road within the City of Orono (hereinafter "City") and legally described as Lots 23 and 24, Shady Wood, Hennepin County, Minnesota (hereinafter 'the property"); and WHEREAS, the applicant has applied to the Cit-, for a variance to Municipal Zoning Code Section 1C.22, Subdivision 2 to permit the construction of a second story deck resultinq in an increase of 84 s.f. of structural hardcover and removal of 400 s,f. of non-structural hardcover resulting in an overall reduction of 1.3¢ of hardcover within the 75-250' setback area. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1200. 2. The property is located in the LR-1C Single Family Lakeshore Residential 'Zoning District. 3. The Orono Planning Commission reviewed this application on September 21, 1987, and recommended approval of the proposed variance based upon the following findings: A) The deck creates no view problems for adjacent neighbors. B) Hardcover within the 75-250' setback area will be reduced 1.3%. C) The City has received no negative comments from affected neighbors. 4. The City Counci I 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 hcalt.h, safety and welfare of the community. page 1 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not advp-sely affect traffic conditions, light, air nor pose a fire hazard or CiLher danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit anC intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the O City Council hereby grants a variance per Municipal Zoning Code Sect 10.22, Subdivision 2 to permit the construction of a 6'xl4' lakeshore deux at the second story of the residence, subject to the following conditions: 1. Prior to application for a building permit for "he proposed deck, the 20'x20' concrete slab within the street yard shall be removed. 2. Authorities a --anted with this resolution run with th,a property not with the applica:.ts, but are permissive only and must b-: exercised by application for a building permit within one year cif the date of Council approval, or this variance will expire on that date (October 12, 1988). 3. 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. 4. The undersigned applicant have read, undlerstood and hereby agrees to the terms of this resolution and on bhalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 12th day of October, 1987. ATTEST: Dorothy M. 11allin, City Clerk ,lames R. Grabek, Mayor Property Owner(s) Pago 2 of 3 uace KeC - G ` A, 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 n,i Property Identification Number (P.I.D.) 1 -7 - 11 -7- ,f ? � I r� ;" Please check one - Is the property abstract or torrens? Attach legal description to application if not included on required survey. -------------------------------------------------------------------y-�------- APPLICANT Po-t 3 -� 7�2 ! Phone (home) z- 11 1 O Name �/j'I,►n� .., �- C + �, �� Phone (work) Address: act �La j I � � City: ? ` .Z�_ Zip: �c C= ----------------------------------------------------ti -------------------- OWNER (if different than applicant) Phone (home) Name �;:44•:.ul,. �� 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 L l R e s i -.-s r+r.�tL_ yr t 44L _ Other (specify) ---------------------------------------------------------------= DESCRIPTION OF REQUEST Estimated Construction Cost ��t.; t bLe • '� `?• "' Describe request in detail L• N �; �� El c,-- 4 --------------------------------------------------------------------------- VARIANCES REQUIRED Lot Area Setback Variances ( Lot Width Hardcover Front Side Rear) Other _ -----------------------------------------------------------•----------------- HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: ---------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: �r^'�'GLf t' ' / ( ; �� , .76 --------------------------------------------------------------------------- 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 The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agret:s 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 jC_,44 `-,, 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 `� ..��J �c,��-�� 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 authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. RUN DATE 08/18/87 BATCH 001 38 17-117-23 21 0008 PROP ADDR 01795 SIIADY140M RD NAME L A D PILGRAM TAXPAYER LEROY A DELPHIE PILGRAM NAME/ADDR BOX 81 NAVARRE MN 55392 38 17-117-23 21 0027 PROP ADDR 01010 SHADYk%= RD OVNE7 N:ME K P PROPERTIES INC TAXPAYER STEVEN B TIBBETTS AND NAME/ADDR JULIE A JANKE 1810 SHADYWOOD RD ORONO MH 55391 38 17-117-23 24 0007 PROP ADDR 01855 SHADYWOOD RD N;.ME MARK R SALDEN TAXPAYER MARK R SALDEN NL:ftE/:.DDR 1855 SHADYWOOD RD ORONO MN 55'-91 38 17-117-23 24 0016 PROP ADDR 01840 SHADYWOOD RD 0WNER NA:tE JOHN J BURKE ETAL TAXPAYEP. JOIIN J BURKE NAME/ADDR 1840 SHADYW000 ROAD WAYZATA MN 55391 PROP ADDR O::NER NAME TAXPAYER TOTAL BATCH 001 00012 NAME/ADDR HENNEPIH COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 17-117-23 21 0025 01790 SHADYWOOO RD 0 A H EISS DAVID H EISS 1790 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 24 0001 01825 SHADYWOOD RD ROBERT G RUUD ETAL ROBERT G RUUD 1825 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 24 0008 01865 SHADYWOOD RD D J CORPORATION GLENN TILLOTSON 1875 SHADYWOOD RD ORONO MH 55391 38 17-117-23 24 0017 01056 SHADYWOOO RD M A D SEIFERT JR MILTON H SEIFERT JR 1856 SHADYWOOD RD WAYZATA MN 55391 REPORT NO. PI435401 PAGE 1 38 17-117-23 21 0026 01800 SHADYWOOO RD JAMES N MC NAUGHTON ET AL J MC NAUGHTON A C DROOKSHAW 1800 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 24 0006 01035 SHADYWOOD FD CHRISTIANE F TOURVILLE STEPHEN B TAYLOR 1835 SHADYWOCO RD ORONO tiN 55391 38 17-117-23 24 0015 01823 SHADYWOOD RD T A P SCHERBER T L A P P SCHEROER 1020 SHADYWOOD RD ORONO MN 55391 33 17-117-23 24 0018 Oa860 SHADYWOOD RD DUANE N HALL DUANE N HALL 1860 SHADYWOOD RD 14AYZATA MH 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENITIEPIH COUNTY DEPARTMENT OF PROPERTY TAXATION. TO E BEST OF MY KNOWLEDGE AND BELIEF. DATE &'/-VBY O CL- Plat of' ;Urvvy for Jrihil. 11ri ron H."illi dr, count. -I I j;w, LeueL 215 a rT, kv AIjq8" A' 1111-MM.11, -/, I -.2l; -4 39 I A 35' OIL (9614 % To F40wsc' C% Aj. 4_6 101, — "TT 0044 S e A Z4D' conc vFa/A 0; , S&,.84" CerLificu'.n o;u-,., in(! rarruct roprosmitz.tion o, -,Lu*v.). of (,W-s 23 za;d 24, ;h-td.v Wood, LAntj (,i* Las -)c:, L!o:, o' all U. 1:: In Jj* f,r -LEG Ero b 5u S I C)6- W AL K P620POSCO WO co la' F"ev' Gecij,A.)o Lk.,),(_ aso-m\ Zone E HQraco,je r- -D-, a,Srurn �s - �5b Zones (a5�a (-Opoy L-xCk 4 s.F To be-00\04GA 0-75" ' -z- ne- (ola) 9 SMkb OE�s�. _ shzd '\75 �•�� Houma � �� r ! � �,/� qqc) s,c,, (7.� now \ HC.4SC v�uel. rm K �o, 1,7 S . 6 ,01 G41 s.�, (�7• "�� VorancQ Al (owed = %, a? O ( -'� 5'%) N(aCICUV-k. Ex.Si,'n= A50 :.4 (3.9 -3.) Some I" = 5o / The- Pink lroc \� dc�� c'C hccvt �c1��,L u .t r�u. Ond Adjacent Property Owners' Acknowledgement Form D I (we) - r 4�-it., of print names) I [print addre. have reviewed the plans for the proposed improvement or proposed use of the 1 c ' -I property located at 170k) "Sk6c 'ir✓l�? �1�also referred to as Land Use Application No. J (we) understand that in executing this acknowledgement, I ,ve) 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. Prty Owner / ' Property Owner 1� 22 Date Date If you have any information that may assist the Citv in the review of this Land Use Application, please submit your comments to the Building & Zoning office at least 10 days prior to the scheduled meeting date. gN To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: October 8, 1987 Subject: #1184 Gerald T. McCourtney, 1055 west Ferndale Road - Variance - Request to Amend Approval (Minor Plan Change Request) Request - Applicant has requested a revision of the previous approval. After completing their design plans for the attached bathroom addition on the street side of the house, they wish to expand the addition slightly, increasing 75-250' hardcover by about 90 s.f. or up to 6,048 s.f. (an increase of 6/10 of a percent over the 37.5% proposed, now requesting 38.1%). Also, since the bathroom will extend 4' further forward, being about 64'from the street, it will be about 1313" from the side lot line instead of the 15' previously approved. Facts - Bef.o::e 75-250' Hardcover 5,679 �s.i Side Setback 15' (30' Pt:qu�'red) List of Exhibits Resolution #2264 Approved �3b$) 5,958 s.f. (37.5%) 15' Now Requested 6,048 s.f. (38.1%) 13'3" Exhibit A - Proposed Change Exhibit B - Council Minutes of 9/28/87 Exhibit C - Memo & Exhibits of 8/11/8'1 Exhibit D - Revised Resolution Reflecting Requested Changes Staff Reca endation - Council has 4 options: 1. Deny the request; 2. Approve with revisions; 3. Approve as requested; 4. Refer to Planning Commisson for further review. Applicant or his representative intends to be at the meeting to explain the need for the revisions. 0 10 Cif 41 n d3le gEOu ESQ 1y1 u3mOHs tt*V I t! I i m lw } S P pleo vfw r� 9Z _ MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 28, 1987 #1163 MCDOWELL CONTINUED David Lindstrom, 1315 Woodhill Ave, stated that his property abuts Woodhill Avenue and Orono Orchard Road and he could feasibly access off Orono Orchard and therefore feels no responsibility toward paying for the upgrading of Woodhill Avenue noting that it would not enhance or benefit his proper' He noted that the upgrading is solely due t, he Woodhill Ridge development. Mayor Grabek agreed that a " iyh Mr. McDowell seemed quite open regarding paying fair share, i'- would be best for all concerned to seLcle the issue prior to road construction. City Administrator Bernhardson noted that should the settlement be drawn out, staff will presen- the issue again for Council reconsideration. City Administrator Bernhardson explained the issue of access for Lot 3 which is proposed to access through the private road serving Woodhill Country Club over the railroad tracks; and should the railroad Access ever be closed off by the railroad an alterna'_ive access is planned across Woodhill Country Club and on to the ,public road. However, this is a very stringent ar•reement with Woodhill to protect the access for Lot 3. It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution ##2263 approving the plat of Woodhill Ridge conditioned upon execution of a suitable agreement between the City and the applicants regarding payment for Woodhill Avenue upgrade; and combining Outlot wit* 1-1-ndhill Country t- ub property. Motion, Ayes 4, " #1184 GERALD MCCOURTNEY 1055 FERNDALE ROAD WEST VARIANCE RESOLUTION #2264 Gerald McCour, y was present for this matter. City Administrator Bernhardson explained the request to construct uduitions to bathroom, family room, dinette area and laundry room requiring a 1.5% increase in 75-250' hardcover and 15' side setback variance for bathroom addition. Planning Commission recommended anproval and no negative comments from surrounding neighbors have been received. It was moved by Councilmember Goetten, seconde3 by Councilmember Sime, to adopt Re.;olu*ion #2264 per staff recommeilation. Motion, Ayes 4, Nays 0. 4 To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: August 11, 1987 Subject: #1184 Gerald T. McCourtney, 1055 West Ferndale Road - Variance - Public Hearing Zoning `istrict - LR-lA Pertinent Ordinance - A. Section 0.22, Subdivision t - Excessive hardcover within 75 to 250 setback z•rea. Total Area = 32,676 s 1) 0-75' setback area = 16,800 s.f. Hardcover = 0 s.f. 2) 75-250' setback area = 15,870 s.f. Allowed hardcover = 3,968 s.f. or 25% Existing hardcover = 5,679 s.f. or 368* Proposed hardcover = 5,958 s.f. or 37.51* Total hardcover inf case = 279 s.f or 1.51 *1 Existing Hardcover Principal structu.- 3,954 s.f. Deck = 715 s.f. Sidewalk = 410 s.f. Drive = 600 s.f. TOTAL 5,679 s.f. f2 Proposed Hardcover Principal structure = 4,518 s,f. Deck = 4�0 s.f. Sidewalk = 410 f. Drive = 600 s.f. TOTAL = 5,958 s.f. B. Secti(,i; 1t' L3, Subdivision '. (B) - Side setback variance required for bathroom audition on north side of house. Required = 30' Existing = 15' Proposed = 15' or 50% List of Exhibits Exhibit A - Application rxh= B - rroperty Owners List Exh c. - Pla+ ,. Exh4 t r D - Stdf !-etct). Exhib-t E - Sury Exhibit F - Building Flooi Plan Review of Application The applicant proposed additions to bathroom, family room, dinette area and laundry room totaling 564 s.f. of structure added to principal structure. Approximately 285 s.f. of tine propose' ic.itions shall be placed over an existing deck area resulting in an r-vera11 increase of hardcover of 279 s.f. Zoning File #1184 August 11, 1987 Page 2 of 2 The bathroom addition on ie north side of the house will require a side setback variance of 15 feet. The structure will encroach no further into the existing substandard side yard setback area az 15 feet. The width of the lot at the building a is approximately 170 feet, the current zoning district, LR-•lA, woul 11 for a minimum of 200 feet of width with a 30 feet side setback. For c.,mparison, both LR-1B -i_th required width of 140 and LR-lC with 100 feet required width call _ a 10 feet side yard setback. The property was created and developed pr .:)r to current zoning standards. The lakeshore additions all meet the required setback of 75 feet from the rip rapped �,.hozeline. The 929.4 elevation appears as a slight indentation 'iehiyf the rip rap and bermed shoreline. The setback as always is determined Er m tt-.e defined rip rapped shoreline. Note from that same survey referenced above, Exhibit E, that the new addition to not encroach the average lakeshore setback line. Tne application will also call for a hardcover variance of 279 s.f. or 1.5% for tt.e proposed improvement of the subject property. A) Is the final total of 37.5% in hardcover too er^essive for this property? B) Whim areas of existing hardcover can be reduced to minimize impact: 1. Turnaround area wi ,in drive is an improvement that must remain for safe access onto West Ferndale. 2. Are there other areas - deck - sidewalk?? C) 1 • ''ie hardships laimed by applicant or the application acceptable? Over 50% of IJ irea of this property is located within the 0-75 protected area. Total Area = 32,670 s.f , 0-75' = 16,800 s.f. or Staff has received no negative comments from surrounding neighors. The proposed improvements on the whole appear to have minimal impact on the property. The majority of hardcovr! is Ptructural. Paving and ether outdoor improvements have been ca~efut' .1 installed and in staff's opinion minimized. The 16,000+ _ .f. of grL:ssed ; akeshore yare provides adequate treatment ,rea for the hardcover on the property. Staff wou-d recommend approval of the sid se.back and hardcover variances as pr- posed based on one or more of the hardships and finrlings noted above. Zoning File #1184 - Additional Comments September 23, 1Q87 Page 3 of 3 Additional Comments and Planning Commission Recommendation - The neighboring property owner to the west of the subject property has called since the Planning Commission review on September 8, 1987. She advised that she supported the proposed improvements but wanted to be assured that special care be made during construction to not permanently or temporarily alter drainage swale along the west side of the property. Staff has included this concern as a condition in the attached resolution. The Planning Commission recommended approval of the side setback variance of 15 feet and the increase of 1.5% of hardcover within the 75- 250' setback area as proposed by the applicant based on the findings noted by staff above. The enclosed resolution has been drafted per the Planning Commission recommendation. /? �( Cc' u h' C I L. q-z`�-Ui A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 AND SECTION 10.23, SUBDIVISION 6 (B) FILE #1184 WHERFAS, Gerald T. McCourtney (hereinafter "the applicant") is the owner of the prcperty located at 1055 West Ferndale Road within the City of Orono (hereinafter "City") and legally described as follows: See Exhibit A, attached, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.23, Subdivision 6 (B) to permit the construction of bathroom, dinette, and laundry room additions to the existing structure resulting in an increase of 1.5% or 279 s.f. of hardcover within the 75-250 feet lakeshore setback urea Where only -..5% or 3,968 s.f. if allowed and a side setback variance of '.` feet for tr '.hroom addition that will encroach no further into the ,}_']Sting subst d yard area than the existinq structure. NOW, _!...REFORE, BE IT RESOLVED by the City Ciunci1 of Orono, Minnesota: FINDINGS 1. This appl cation was reviewed as Zoning File #1184. 2. The property is located in the ' -lA Single Family T,:ixeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this app.Lication on Sept=•mbcr 8, 1987, and recommended approval of the proposed variances rased upon the following findings: A) Ovei 50% of the area of this property is located -.within the 0 to 75 feet lakeshore protected area. B) The 16,C00 square feet of grassed lakeshore yard area provides adequate treatment area for the hardcover on the property. C) The City has received no negative comments from the adjacent, most affected neighbors. Page 1 of 4 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 variances 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 thy- 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 one or more of the findings noted above, the Orono City Council hereby grants variances per Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.23, Subdivision 6 (B) to permit the construction of additions to the existing structure that requires hardcover and side setback variances, subject to the following conditions: 1. The drainage swale along the west side of the property shall not be permanently or temporarily altered as a result of the proposed construction. 2. Authorities grantc_,i ,Jith tris resolution run with the proper., i 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 these variances will expire on that date (September 28, 1988). 3. 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. 4. The undersigned applicant have read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agreer> _o the recording of this resolution in the chain of title of the property. Page 2 of 4 Adopted by the Orono City Council on this 28th day of September, 1987. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 3 of 4 EXHIBIT A LEGAL DESCRIPTION That part of Tract B, Registered Land Survey Number 1372, Files of the Registrar of Titles, Hennepin County, Minnesota, lying westerly of the following described line and tts northerly arid Southerly extensions. Commencing'a: the northwesterly corner of said Tract B. thence southeasterly along the northeasterly line of said Tract 6 a distance of 147.85 feet to an iron monument bei.ng the point of beginning of the line to be described; thence southerly deflecting to the right from the last described course 6f degree;, 11 minutes, 30 seconds a distance of 100 feet to an iron monument; thence continuing southerly on the extension of the last described course t.o the shoreline of Lake Minnetonka and said line there terminating. / tcu C a -/ - -) y -'r / FL I& / 5-0 • OU Receipt W Initials _ P i/,Yy� CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($56.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) --------------------------------------------------------------------------- PROPERTY LOCATION Site Address /O S,S W Feorwomof /Loll v 2cAa Property Identification Number (P.I.D.) Please check one - Is the property X abstract or torrens? Attach lega_1 description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Phone ( home) CA TY OF G'r�GNC Name c'(►�n.�i7 { o. Phone (work) '��(J-�` k- ,'d 15.00 7 t ! l!iL l�1 iJY.0 Address: C{ ti�ti a: /►tip f; f _ City: ih tNS inAj Zip - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+� �f*"IV- fYv1 R 1 TAf4*5 OWNER (if different than applicant) Phone (home) y , 3 - 4�e�}� n�;,,.1_ 47..4.$; Name .r- ill Phone (work) I a`) -3 3r 2-- Address: 10515 W Fj:7-(7A;,7Aa V,0 City: Zip: Sj ".) IT/ - Date Property Acquired G �d?�� (month/year) i I (do) (du not) also own the adjacent parcels of land. --• -----------------------------------------------------.----------------- PR. MT USE OF PROPERTY Present Zoning District r1 TY OF ORONO 1 A'ANCE OFFICE x Present Use of Property ;Ai ^i '�nn k P Y L%L l � Reg'�ri�a /ry 00 Other (specify) n� CHEC' _ 50.OQ ---0---------------------------------------- DESCRIPTION OF -I e:iaf..rr{'-vim REQUEST Estimated Construction Cost..+gyp,? :; k?1 T1 i:38 Describe request. in detail: Sipk (r0;1c.3 V,) iZea �# E�Tiq i_)w OF rA�n-,-Y P-cam. -Oi&-J rrE—f ill.A1064 'CC—] ['A:— =�i s.(!€ (l/ffGf 5.,�------------------- VARIANCES REQUIRED Lot Area Lot Width i( Hardcover Setback Variances ( Front Side l Rear) Other HARPSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:LAwUAt ------------------------------------------ --------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITION:. Describe unusual property conditions p. ntin- compliance with Zoning Code Requirements: 444*4 IZsrjLg .E 70 l ar. Sid& f SAC 49-4En M to --------------------------------------------------------------------------- REQUIRED SUBMITTALS ..-1. Completed Application Form /1. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center /V 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'sSignatureDate -------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees ano /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. _,\ i Applicant's Signature }ct� ' Date Z- �l-7 OWNERS SIGNATURE The owner hereby ackowledges and agrees to this appl' Rtion and further authorizes reasonable entry onto the property by City ff, consultants, agents, Commission members, and Council members for F ,es of investiga- tion and verification of hi bequest.. Owner's Signature_ Date —66 pplicant must have al.f submittals into the Citj offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must a present at al" scheduled review meetings of the Planning Commissi and Council, and, if applicant is unable to attend a SLhadtiled me ting, 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. PUN DATE 07/27/87 BATCH 001 38 02-117-23 43 0002 FRCP ADDR 01070 FERNDALE RD W WIER NJ�ME GOOOPICH L(YURY ETAL TAXPAYER GOCOPICH L(Y3)Y NA'T/A^7R 1070 W FERfOALE P(, WAYZATA MN 553^i 38 02-117-23 43 0005 PROP ADOR C*,:`:'R NAME HEMIY M SKARP TA: -:PAYER HENRY M SKARP P ::E/AZDR IGlS W FEPK)ALE RD WAYZATA MH 55391 r 38 02-117-23 43 00,21 PR��6a ADM 01065 FERNOALE RD W =!ZR HALE R A C LIN:DSTRC:N TAXPAYER RICHA!?D L LINDSTROM "'lEi!D0R 1065 W FE ),IDALE RD WAYZATA HN 5539L r 33 02-I17-23 43 0024 PPOP ADOP 01045 FERNDALE RD W C'.2:ER NAME HENRY M SKARP TAXPAYER HENRY M SKARP t.1d:E/ADDR 1045 W FERNDALE RD WAYZATA MH 55391 r HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY 0llNERE LIST 38 02-117-23 43 0003 01070 FERNOALE RD W HEt7RY M SKARP HENRY M SKARP 1045 W FERNDALE RD WAYZATA MH 55391 REPORT NO. PI435401 PAGE 1 38 02-117-23 43 0004 GOODRICH LOWRY ETAL GOODRICH LOWY 1070 W FERNDALE RD WAYZATA MH 55391 38 02-117-23 43 0006 33 02-117-Z3 43 0007 GOODRICH LOWY ETAL G H RITZ A J M RITZ GOODRICH LOl.VY GORDON H A JOYCE M RITZ 1070 W FERNDALE RD 1000 W FERNDALE RD WAYZATA MN 55391 ORONO HN 55391 a 33 02-117-23 43 0022 38 02-117-23 43 0023 j~ 01055 FERtOALE RD W 01095 FERMALE RD W GERALD T MCCOURTNEY ET AL B A K FOX GERALD T MCCOURTNEY B C A KATHERINE M FOX 1055 W FEPIMALE ROAD 1095 W FERNDALE RD OROtb MN 55391 WAYZATA MN 55391 j r e TOTAL BATCH 001 00010 I CEITIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF 'NFORMATION AS IT APPEARS TiiIS DATE ON THE RECORDS OF THE WENtIEPIN CCJNTY DEPARTMENT OF PROPERTY TAXATIONP TO THE BEST OF MY KNOWLEDGE At) BELIEF. P 7 r DATE -) n Br ' 1. \� .1000000'... O tow Ttmv 5 r G ��>> t t part .16 'JO IL 40% .41 A 7=1 S0, 4 ZA 74� Mp C a original f* line accord- j4) le record plot. 441 I of Lot 9 f M/NNETONKA DOWNS SAr) 0007 LOT 109 P'Pprox will't Ime of 1-01 13 North Spore (.0ttago Acf9S ,cccrdinq to record Plot .I......... /\ . SIDEWALKS DECK TOTAL HARDCO` LOT SIZE 76- - 260' ZONi K Ro 40 'o s Joe' L� its kVOL— 11/of roir'A A s.t/ -1 ---T - - •• '`• �F FRN S r- ' 1211 �aM/aJA _ �� A n 74N�A w�>�. rAl ,. City of ORONO �Pt VI -� e t:� TT •' 2" RESOLUTION OF THE CITY COUNCIL iA 1>f CATC* " NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 AND SECTION 10.23, SUBDIVISION 6 (a) PILE #1184 WENSAAS, Gerald T. McCourtney (hereinafter `the applicant") is the owner of the property located at 1055 Nest Ferndale Road within the City of Orono (hereinafter "City") and legally described as follows: See Exhibit 1, attached, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning CoAe Section 10.22, Subdivision 1 and Section 10.23, Subdivision 6 (B) to permit the construction of bathroom, dinette, and laundry room additions to the existing structure resulting in an increase of 2.1% or 369 s.f. of hardcover within he 75-250 feet lakeshore setback area where only 25% or .,968 s.f. if allowed and a aide setback variance of 13'3" feet for the bathroom addition that will encroach 1'9" further into the existing substandard yard area than the existing structure. NOW, THEREFORE, BE IT RBSO'.VED by the City Council of Orono, Minnesotae FINDINGS 1. This application was revie,,.d as Zoning File #1184. 2. The property is located the LR-lA Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 8, 1987, and recommended approval of the proposed variances based upon the following findings A) Over 50% of the area of this property is located within the 0 to 75 feet lakeshore protected area. B) The 16,000 square feet of grassed lakeshore yard area provides adequate treatment area for the hardcover on the property. C) The City has received no negative comments from the adjacent, most affected neighbors. Page 1 of 4 ibrr., ice. -.p�nama w Wan o�.m.u.amy n...r October 8, 1987 MIM Jean Mabusth City of Orona P.O. Box 66 Crystal Bay, Mn. 55323 RE: Zoning File #1184 Gerald T. McCourtney 1055 West Ferndale Road Wayzata, Mn. SS391 Dear Jean, This letter is to follow up our conversation this morning about the need to request an amendment to the variance approval that was granted on September 28, 1987. We are requesting an a.,ditional 87 sq.ft. of hardcover and 1.75 ft. encroachment on the existing 15 ft. side yard setback. This would not affect the drainage swale that exists. The need for this change was brought about when final plans were being prepared, that the client and interior designer felt there was inadequate closet space, and therefore an additional Oft would solve the problem. Sorry for the inconvience. Also, fran our conversation this morning, I understand this matter can be taken care of by the council on the next meeting of October 12, 19B7 I will be there to represent my client for any questions. Respectfully yours, James B. Credit JERRY McCOURTNEY REQUESTED INFORMATION FOR AMENDMENT TOAPPROVED VARIANCE 1.) .ADDITIONAL HARD COVER AREA REO'D. — 87 sq. ft. 2.) 1.75 ft. ENCROACHMENT ON 15.0 ft. SIDE YARD SETBACK MwIll, ,I W.I.C. ic HIS a e ... —1 :—. ,. TMEIR M. BAT / SUP W AOOIT,JN W4AD r411m AREA. Al HA7� 4v L A� ��`I, r�anOw7cLt� jO W.I.C. c 1 a.s HIS HERS 0 weu — ` 2-4 T. [ 46 9-4 rat. SM ER M. BATH ADOITIOW L. vwW -IM "CAA AT vwrl*CO W.I.C. 10787.1 / TO: Mayor and City Council r�(I\ 4�IY City Administrato1 i �� U7 FROM: Mark Bernhardson, DATE: October 6, 1987 n SUBJECTS 1986 Meeting Calendar 1988 Board of Review Date Attachment A. Proposed 1988 Meeting Calendar ISSUE 1. Adoption of a calendar for 1988. 2. Establishment of a date for the 1988 Boa— of Review. INTRODUCTION - In the last quarter of every year the Council adopts the col lowing years meeting schedule. The proposed meeting schedule is outlined in Attachment A. As for the Board of Review date, it normally has been held in May, however because of a State law change during the 1987 Legislature the completion date for the levy to the County has been moved up 38 days from the middle part of June to the middle part of May. DISCUSSION - Because of the progress by the City Assessors in the review of_ properties in Orono together with the State law and the fact that the Assessors would like to do the City of Orono's Board of Review first among their clients (they also provide assessing services for Shorewood, Exc-lsior and Delano.) The following dates are possible dates to pick from for the Council. Tuesday, March 22 Wednesday, March 23 Thursday, March 24 It is hoped that we can set this well in advance so that people can use this schedule to determine their business and travel plans. T.:e proposed meeting schedule for 1988 does not differ substantially for the one that is being used in 1987 and with Planning Commission holding two meeting between May and September and the Park Commission meeting on Tuesdays. RECOMMENDATION - It is recommended that the Council review the 131a proposed -meeting schedule together with establishing March 1988 as the proposed Board of Reviewdate and referring it to the Planning Commission for its input. Staff will bring it back for approval on October 26, 1987. PROPOSED MOTION - Moved by _ seconded by -_ than the Council 11 review the proposed 1988 schedule for its meeting schedule together with establishing March , 1988 as its Board of Review date for 1988 and refer the schedule to the Planning Commission for their input. Ayes __, Nays __ cc: Jeanne Mabusth, Zoning Administrator Rolf Erickson, City Assessor John R. Gerhardson, Public works Director 1987 ORONO CITY MEETING SCHEDULE 4 January 1988 S M T W T F S 3 4 a 6 7 ,Y, 8 2 9 10 IM 12 13 14 15 16 17 3KO 20 21 22 23 241M 26 27 28 29 30 31 May 1988 S M T W T F S 1 &' 4A 4 5 6 7 8 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29 31 �o.ew September 1988 S M T W T F S 4 ® 7 1 8 2 9 3 10 11 13 14 15 16 17 18 20 21 22 23 24 25 27 28 29 30 KEY Q 7:00 P.M. Council Meeting 2nd 6 4th Monday O 7:00 P.M Planning Commission 3rd Monday (May through September let Monday as an alternate date) Q Dark Commission 1st Tuesday X Official Holiday February 1988 S M T W T F S 1® 3 4 5 6 7 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 2 aucus -Uwv June 1988 S M T W T F S 1 2 3 4 5 ® 8 9 10 11 12 14 15 16 17 18 19 21 22 23 24 25 26 28 29 30 October 1988 S M T W T F S 2 ® 5 6 7 1 8 9 11 12 13 14 15 16 18 19 20 21 22 23 25 26 27 28 29 30 March 1988 S 61 T W 2 T 3 F 4 S 5 6 7 9 10 11 12 13 4 15 16 17 18 19 20 22 23 24 25 26 27 29 30 31 July 1988 S M T W T F S 3 �6 7 1 8 2 9 10 12 13 14 15 16 17 19 20 21 22 23 24 26 27 28 29 30 31, November 1960 S ht T W T F S 2 3 4 5 6 9 10 ?r 12 13 1 16 17 18 19 20 2 23 ?(2tb 26 27 2 30 . .�T�nN�wv April 1988 S M T W T F S 1 2 3 4® 6 7 8 9 10 tW 12 13 14 16 17_W 19 20 21 22 22 23 5 24 26 27,26 29 30 28 August i:66 S MVJ T F S 4/; a 3 4 5 6 16 17 18 19 20 23 24 25 26 27 30 31 December 1988 S fd T 11! T F S 4 5® 7 t 6 2 910 3 11 13 to 15 16 77 18 20 21 22 23 24 25.2927 28 29 30 31 10787.6 TO: Mayor and City Council Z77 FROM: Mark Bernhardson, City Administrator�1lii`� DATE: October 6, 1987 SUBJECT: Game Hunting - Baker Park Attachment: A. Hunting - Baker Park Dated 10/23/87 B. Orono City Council Minutes Dated 19/27/86 C. Proposed Amendment Amending Ordinance No. 9.10 ISSUE - Adoption of language to amend Ordinance Number 9.10 to a Ilcw for the use of shot guns to hunt deer in Baker Park for a period not to exceed three days per year. INTRODUCTION - As noted in Attachments A and B the City of Orono considered Iast year in advance of a hunt in Baker Park to allow the use of shot guns for a limited period on a blanket permit to Baker Park for the approximate 75 hunters the District allowed. During last years hunt it is our understanding that close to 100% of the hunters did get a deer. During a follow up of the records however it was determined that the ordinance amendment that had been agreed to by the Council had never been published which was an error on staff's part for not having accomplished. DISCUSSION - As noted it becomes difficult for the Hennepin County Pail Reserve to differentiate its Orono land from that in Medina in a hunt such as this. The permit issued will require that they will notify all the abutting property owners and posting notice of the hunt at appropriate areas around the park perimeter. The City had received no complaints what so ever from last years hunt. It is requested that Attachment C be adopted as an amendment to Ordinance 9.10 to specifically allow this hunt. It was an error on oir part for not having published the language following the authorization by the Council last year and continue to feel that the activity is controlled in an appropriate manner. REC_OMME_NDATION - It is recommended that Attachment C be adopted as an oral na nce amendment to Ordinance 9.10 as it has not presented a problem, allows an opportunity to limit a nuisance to crop areas and was previously agreed to by Council. PROPOSED_ MOTION - Moved by , seconded by , that ordinanc Number _, Second Series be airopted as an amerilaent to Ordinance Number , Second Series to allow for selected discharge of fire arms in Baker Park in accordance with the City permit. Ayes -- Nays FROM: :1r.:: s•: uv. .: :..'t. :::/ ;.da.i a+.:: OATS: Oct.a.v[ 2J) i98ri SUBJECT: Hunting - aaker Po[c ISsur - Does Counell dvci[n t') aacr U•^ ••t J:n..nc.: ru )..'i: n•J cif - firearms discr.xga for hunting o: ar..v.x:: n H.+u:[ :v:•.. DISCUS510:4 The imv.ediate r-qu:.st. .I I :' till• liiiit_Ergo Ncnneptn Parka 16 to allo. shotgun aunt of dent Novec.Lcr I$ and :4, :•'n) +". •. _. o:Jn•, and Medina sections of the P)r<. ..he request is based ont - The antgwenes* :.f tnu as up (,-•t+•: :J Jthrr property in the cna:-.:att7 I hantinq - Ga.re managenent it, thi: i:e :•:::c ':a/ r•:dr, :•. njanANCtt animals in other dread of tiv: ..e:f JnitY - Diff I.:u Ity to scyregat.• On.n.. p':t was f:um the Mediae portion of the park An exception to the ordinunc•: cheild - Require a City ucca:t •na: ,:-:m:: tn,t to excaed li days) for discharge of Circorml 0`111c•• ::nleCl - That it is iSSYed to the prop+tty owner - Only to allowed :n llakar Para ' - llust L, In accordance with fill-, entabliallyd tot such hunts RECON_NENDATION - Given the unique natnr•) of the hark and the fact Lhat game mariagement in the pork may ttduen till nutaan.v uutaid•• the park Staff recommenda that the execitinn lanquayc above be incorporated in the ordinance. PPOPOSED NOTION - Moved by _ r secunde•1 by • th•• t)t ••n.r iow.cll revlsoe Ordinance 991e to allow an exception for disehar9c of f lreatms for hunting of game animal• In Uakoc Park aub)c t to •• City fseued permit. Ayes - "'It; __ 1 'frt •h,C r^Cf t.3.rf a penit to hint iwer :•1 :..a . ':svr-.te.- 14 0:11 .T•.. put-: soi•r, it +4:. - pocceaatin to h.ntin ::e piro. ........._;. p/ _ . .. .%otrt0t .po • is nssi tbit 4•i a;.ciil • rwej.o-s t1.. .. „ - • .,. tu0ful r.ar.t.Cnry eh:aa not d-tro:t frria yo.r enwt,"�.I•. I�' g4asti0na nftar roil" t),4 4e.14,41 na'4r141. r411 '. .,. At Baker to" 1ira4ria to rtrtltlontf Into to, r.. , (see n52i. Cain scoe is asslyhei a b'tnttr sel4ct thR atme :o deals to hint as Cotflrr - trwva In C:R ttery. Bcntors voltrVf pr-iocly nit net t-elf first *notcs ci it a :. after ltt first :cy to fill V4-er*I6e loft c; Tas aaater to on/rn ?oil Port? ago lfisr. 14 art tt r•. yttr prrtl :. tbt u;;ir ritet-trial corner. 2^:sore it:!:P tr "a •..ar. 2. A!'. ,:..•.._ a3" SLi:iAr1 :'� A- L"J A 1 C :A: !i . .. .tie sti: ca via" is hill at 70 p.s. r-1 u1t.• at+t•t tilkir 72:f co.no. Verkriie'rive. tl.rr to csrt!. �0 -to y a ;Cr'. Bmtsrs rail aalect tines 4t ti.ls tur. full,•:: tl attec.l tho 0ta9103 rust M. :•&! a session On 11•• fit.. b; : SLR h'.tl. ea tale most aelt:t 0 gone ffon enat 14 left ^p•n. fa arsilon rail to 6re1 to etpliln procriaroe ant to an9der soy lest ntntt4 gaf>tl,ns rerl-iltf, a hunt. Ve noiy O'tl<4 fef tl.4 n•t4i^a !_+t r-, will r--••g. y. L' ^r Jerk Lessris will to open for inepactl,•a r, h:-.:en if.i :*tiler 25 grids!, tioaitcat 7. fat rry v lk 4nyob.re in t:.4 :irt T.rind tbba p4r101. d. lben ear drives to tad tidal tuft here a Valli w•h in' rsr4 `.fstrltt pgrkirB pernit psnsnenlly ett%cbey to the wt:.,rbirll. for:vi Ors so es Le at petit tasttlet naturo *.&tors onf tilstrict 'ii,.!•ir:are fur 812.01. They will sins be $aid it the ottoatotton oeisicn. S. A ter lde0tlfl*Nlon cari is Includef for ycor as:. f^t It <e y*ar doshboatl while u2irr park Acuities althoir for ivpicticn ur !,r C.t hunt. this cor! ourms na yc•t parking to twit faring tie laecectton ported. This serf will slio telp as ldenKty nee-Lantan dtrlct Is* halt. 6. 8pucl►1 ;srking late are ovsllsFle for are +,y Tr- W it1: 4 are whim on the snconpinying rip. Ai'ter fart: N.icri: will h. :! ^1 t, all tt...• r, •• •1 th4 hint. ',gij t. toter+ W, I •r it-, will - f - .. •a new not I.nve r./ai r i a�. I .. .. , rnEor hunt. MINUTES OF THE. REGULAR ORONO COUNCIL MEETING HEIR OCTOBER 27, 1986 FACILITIES STUDY CONTINUED Councilmember Callahan made the following recommendations: 1. This study should be undertaken by the new Council, not the present Council. 2. This study should be done by the City staff, not from outside consultants. 3. Feels that the study is getting ahead of itself. 4. Feels that the City Engineer should not be the only consultant to submit a plan. Mayor Butl r stated that the City Engineer is more familiar with the City's operation and would not expend as much time or money to determine its needs. She also stated that the Council should not abrogate all its responsibilites until January 2, 1987, Councilmembers Frahm and Adams agreed with Mayor Butler's last statement. Councilmember Frahm agreed with Councilmember Callahan regarding more than one consultant submitting a bid. He feels that they should get two more bids and proceed with phase A Space program study before undertaking the other phases. Councilmember Callahan stated that the spacing needs was not the correct phase in which to start the facilites study. It was moved by Coucilmember Frahm, seconded by Mayor Butler, to direct staff to obtain two additional bids on al 1 four phases and bring back for Council's consideration to proceed with Phase A. Motion, Ayes 3, Nays 1. Councilmember Callahan voted nay. BOW AND ARROW BUNTING It was moved by Councilmember Frahm, seconded by Mayor Butler, to make an exceptiod to the ordinance and allow for hunting of game animals with bow and arrow when they constitute a demonstrated nuisance to the private property owner on which they are hunted. Motion, Ayes 4, Nays 0. QKNK BUNTING - BARER PARR Larry Gillette, Hennepin Parks wildlife Manager, was present for this matter. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 DEER HUNTING - BAKER PARR CONTINUED City Administrator Bernhardeon explained that Hen ,yin Parkr is requesting an amendment to Orono's ordinance to allow the Park District to conduct shotgun deer hunts in the portion of Baker Park Reserve that lies within the City of Orono. The reasons for the request are: -The uniqueness of the property as opposed to other property in the community for hunting -Game management :Ln the Reserve may reduce nuivance animals in other areas of the community -Difficulty to segregate Orono portions from the Medina portion of the park Mr. Gillette stated that in 1978 the Park District developed a policy after finding that the only way to control deer was by shooting and possible more humane than capture and relocation methods. In orr' `or the hunt to be successful, they need to be able unt in as much of the park property as possible. y will issue 75 permits to hunt the 2400 acres of pack land. He stated that they take measures to inform the public of the deer hunt such as letters sent to abutting neighbors, newspaper Irtfcles, and posting all park accesses. He noted that since the hunts started in 1978, they have not had any firearms accidents or complaints. He stated that there is no liability to the municipalities for the hunting. Regarding the City's liability, Attorney Barrett agreed that the City would not be held liable. It was moved by Councilmember Callahan, seconded by Councilmember Frahm, that the Orono Council revises Ordinance t910 to allow an exception for discharge of firearms for hunting of game animals in Baker Park subject to a City issued permit. Motion, Ayes 3, Nays 0. Councilmember Adams abstained. TAX FORFEITED PROPERTY - ASSESSMENT REDUCTION City Administrator Bernhardson explained the request f, Mr. Nowell Freeman, 4060 Elm Street, who is i sted in purchasing tax forfeit property that is adlavent to his dwelling. Mr. Freeman requests that the assessments for this parcel be waived. Pablic Works Coordinator Gerhardson has talked with Mr. Freeman and if _he City is not willing to waive the assessment, Mr. Freeman is willing to pay the assersment on a payment plan. Staff recommends that the assessment not be waived. Councilmember Frahm stated that he is not willing to waive the assessment. :2 AN OPDINANCE AMENDING ORDINANCE NUMBER 25, SECOND SERIES, ADOPTED OCTOBER 13,1986, AND ENTITLED 'AN ORDINANCE AMENDING ORDINANCE NUMBER 9.10 AND ENTITLED DANGEROUS WEAPONS AND ARTICLES' The City Council of the City of Orono ordains: Ordinance Number 25, Second Be es adopted October 13, 1986, and entitled "An Ordinance amer.u.nc Ordinance Number 9.10 and entitled Dangerous Weapons and Articles" is amended to read: D. An occasional permit valid for a period not to exceed a total of 3 days in any one year shall be issued to Hennepin Parks for the discharge of shot guns in hunting of game aminals in Baker Park. In addition to other applicable conditions outlined in this Subdivision 7(A) through 7(C) the Park District must notify all abutting property owners by letter 18 days in advance of the proposed hunt and that appropriate signage be posted around the Park Reserve District boundaries to limit unauthorized access during the hunt. This ordinance becomes effective upon publication. Passed by the Council this 12th day of October, 1987. ______________ James R. Grabe k, Mayor ATTEST: Do[otFy M. Ha hIn, Clty Clerk Pubished in the Laker and Pioneer newspaper the week of October 19, 1987. 10787.3 I' TO: Mayor and City Council FROM. Mark Bernhardson, City AdminstratoX� DATE October 6, 1987 SUBJECT: Woodhill Avenue - Project Progress Attachment: A. Special Assessment Waiver Agreement - City of Orono/Woodhill Country Club/M.C.M. Associates B. Proposed Resolution Receiving and Calling Hearing on Improvement C. Notice of Public Hearing ISSUE 1. Acknowledgment of information regarding agreement between the City of Orono/Woodhill Country Club and M.C.M. Associates regarding their share of costs related to the upgrade of Woodhill Avenue. 2. Establishment of the public hearing date for the special assessment hearing for the upgrade of Woodhill Avenue. INTRODUCTION - As you may recall a contingency of the final suTidlvTsTon for McDowell passed on September 28, 1987 was that they were to enter into an agreement regarding their fair share of costs for the upgrnde of Woodhill Avenue. Based on the agreement the parties have closed their land sale on Monday, October 5, 1987. DISCUSSION - After a review of the project it was determined by sta lff tliaEthe appropriate share between Woodhill Country Club and John McDowell was a total of 758 of the total cost of the upgrade. Between the parties they agreed that Woodhill would share 3/16 of the price and McDowell would share 9/16 of the price. This represents a waiver of the special assessment. In order to get this upgrade project under way for construction in the spring of 1988 it is necessary that a public hearing be scheduled and suggest the November 23, 1987 Council meeting at which time the other three benef itting property owners can present a case and at which time the Council can determine their appropriate share for the upgrade. Based on the 758 that has been agreed to by McDowell the staf f's recommendation that the City fund 10% of the cost (approximately $6,200 maximum) which is its foregone share of the maintenance over a 20 year period and up to the balance of 15% be assessed over the other t -^e property owners based on the amount of frontage they havt on Woodhill Avenue. Should Woodhill have to begin to use this as their primary access it would require further upgrade of Woodhill Avenue which would by necessity need to be borne by the Country Clob. RECOMMENDATION - It is recommended that the Council accept the in Co[maTion 6egarding the agreement between Woodhill Country Club and the City as to their share of the upgrade together with establishing November 23, 1987 as the public hearing date for Project 87-1. PROPOSED MOTION - Moved by , seconded by , that the Council accept the information from [Tie staff regarding Woodhill Avenue, adopt Resolution t receiving and calling hearing on improvement and establish November 23, 1987 as a public hearing for the project feasibility and special assessment for the upgrade of Woodhill Avenue. Ayes _, Nays _ AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY AND APPEAL THIS AGREEMENT is made this Sth day of October, 1987, between the City of Orono (hereinafter referred to as the "City") and Woodhill Country Club, a Minnesota nonprofit corporation, and MSM Associates, a Minnesota general partnership, (hereinafter referred to as "Applicants"). In consideration of the action of the City Council to approve the final subdivision of certain real property legally described in Exhibit A, attached hereto, prior to the City's final determination of costs and assessments associated with the Woodhill Avenue upgrade and in consideration of the benefits conferred by such upgrade, the Applicants agree to pay a fair share of such costs as set forth below. The improvements to Woodhill Avenue (hereinafter referred to as "the Project") include an upgrade to a 22 foot standard from Orono urchard Road east to its connection with the private road to be constructed to serve the Woodhill Ridge development in accordance with information outlined in the City Engineer's Report for Woodhill Avenue Street Improvement Project 87-3, dated September 23, 1987. In consideration of the City's action, Woodhill Country Club agrees to pay 3/16ths of the coat of the Project up to a maximum of $11,565.00. MSM Associates, also in consideration of the City's action, agrees to pay 9/16ths of the cost of the Project up to a maximum of $34,695.00. Although the final specifications of the Project have not been determined, the foregoing agreements assume a maximum Project cost of 961,680.00. In the event the Project costs exceed $61,680.00, neither the Woodhill property, nor the MSM property shall be assessed any more than the respective amounts set forth above. Finally, the Applicants expressly waive objection to any irregularity with regard to the improvement assessments and any claim t',at the amount thereof levied against the Applicants' property is excessive, together with all rights to appeal in the costs. CITY OF ORONO By James R. Grabs Its Mayor STATE OF MINNESOTA ) ) as COUNTY OF HENENPIN ) The foregoing was acknowledged before me this Sth day of October, 1987, by James R. Grabek, the Mayor of the City of Orono, a municipal corporation under the laws of Minnesota, on behalf of the municipal corporation. Notary Public STATE OF MINNESOT7 ' as COUNTY OF HENENPIN WOODHILL COUNTRY CLUB L1 s The foregoing was acknowledged before me this day of October1987, by , the of Woodhi1i Country Club, a Minnesota nonprofit corpor�— under the laws of Minnesota, on behalf of ,.he nonprofit corporation. Notary Publ c MSM ASSOCIATES By STATE OF MINNESOTA ) ss COUNTY OF HENENPIN ) The foregoing was acknowledged before me this day of October, 1987, by , the of MSM Associates, a Minnesota general partnership un er t a laws of Minnesota, on behalf of the general partnership. Notary Pu lic 4562w City of ORONO e RESOLUTION OF THE CITY COUNCIL 'I rr NO. r A RESOLUTION RECEIVING AND CALLING HEARIJG ON IMPROVEMENT WHEREAS, pursuant to a motion of the Council on August 10, 1987, a report has been prepared by Glenn Cook, City Engineer with reference to the improvement of Woodhill Avenue east of Orono Orchard Road, and this report was received by the Council on September 28, 1987. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ORONO, aINNESOTA: 1. The Council will consider the improvement of such street in accordance with the report and the assessment of rbutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of 661,680.00. 2. A public hearing shall be held on such proposed improvement on the 23rd day of November, 1987 in the council chambers, 1275 Brown Road South at 7:00 p.m. and the clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Council this 12th day of October, 1987. ---------------------- ATTEST: James R. Grabe k, Mayor Dorothy M. Hallin, City Cleft+ 10887.1 NOTICE OF HEARING ON IMPROVEMENT TO WHOM IT MAY CONCERN: NOTICE is hereby given that the City Council of the City of Orono will meet in the council chambers, 1275 Brown Road South at 7:00 p.m. on November 23, 1987, to consider the making of an improvement on Woodhill Avenue east of Orono Orchard Road, pursuant to Minnesota Statutes, Section 429.911 to 429.111. The area proposed to be assessed for such improvement is the property abutting on such street. The estimated cost of such improvement is $61,689.99. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Dorothy M. Hair, City Clerk Published in the Laker/Pioneer newspaper the weeks of November 2 and 9, 1987. 10787.4 TO: Mayor and City Council FROM: Mark Bernhardson, City Administratcolk) ` DATE: October 6, 1987 SUBJECT: Woodhill/Lot 3 Access Attachment: A. Easement Agreement Dated 18/5/87 ISSUE - Acceptance of an easement agreement between Woodhill COUr1Ery Club and Lot 3 of the McDowell plat for a private easement across Woodhill land with access on Woodhill Avenue. INTRODUCTION - It was discussed at the last meeting Lot 3 during Efie pr- a =m nary subdivision was going to access to the south across Woodhill property and the railroad tracks to County Road 15. During the process leading to final subdivision it was determined that the access across the railroad tracks was not a legal easement and that for construction financing purposes that Lot 3 would need an alternate access. This alternate access was negotiated between Woodhill and McDowell and would access onto Woodhill Avenue. DISCUSSION - As you are aware the access from Woodhill onto Wo6cTFrTI Avenue is currently blockaded and as best staff can determine is the result of a "gentlemer's agreement" between Woodhill Country Club and the City. It is our present understanding that Woodhill could begin utilization of this access at any time they choose. Lot 3 would only utilize this access at the point that the railroad tracks is barricaded off. RECOMMENDATION - It is recommended that the Council accept the agreement for the easement as it has little, if any, affect on the City's plan for upgrade and a partial share of the cost in determining the cost included their potential access someday. PROPOSED MOTION - Moved by _, seconded by _, that the Council accept the easement agreement for Lot 3 across Woodhill property to access through Woodhill Avenue. Ayes _, Nays RE_DLIIQ D EASEMENT AGREEMENT THIS AGREEMENT is made as of September- 7 1987, by and between Woodhill Country Club, a Minnesota nonproTit corporation ("Woodhill"), and MSM Associates, a Minnesota general partnership ("MSM"), and the City of Orono, a municipal corporation under the laws of the State of Minnesota ("the City"). RECITALS: A. By warranty deed of even date herewith Woodhill has conveyed to MSM Lot 3, Block 1, Woodhill Ridge ("Lot 3"). Woodhill has also deeded to MSM a non-exclusive driveway easement for the benefit of Lot 3 over certain property contiguous to Lot 3 and over the private driveway easement commonly known as Woodhill Road. B. Woodhill Road provides access to County Road No. 15 after crossing the railroad right-of-way now owned by Dakota Rail, Inc. (the "right-of-way"). C. Woodhill has no record title to an easement or other right to cross the right-of-way. However, Woodhill does own certain property lying between Woodhill Road and Woodhill Avenue, a public street, which property is legally described as the Southwest 1/4 of the Northeast 1/4 of Section 2, Township 117, Range 23, Hennepin County, Minnesota, and which property can be used to provide an alternative way of access to public roads for the benefit of Lot 3. (The property described herein is hereinafter referred to as the "Easement Property".) D. Access to Woodhill Avenue from the Easement Property is presently obstructed by a barrier placed on Woodhill Avenue by or witn the permission of the City. E. Woodhill is willing to grant MSM, for the benefit of Lot 3, certain easement rights over the Easement Property, so as to provide Lot 3 access from Woodhill Road to Woodhill Avenue. F. Woodhill and the City are both willing to cause the removal of any obstruction located on Woodhill Avenue or on the Easement Property that prevents or impedes access to Woodhill Avenue from the Easement Property upon the closing or denial of Lot 3's right to use the access to County Road No. 15 over the right-of-way by the owner thereof. NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the parties hereby agree as follows: 1. Woodhill hereby transfers and conveys to MSM for the benefit of, and as an appurtenance to, Lot 3 a driveway easement 24 feet in width over the Easement Property so as to provide Lot 3 access from Woodhill Road to Woodhill Avenue. Notwithstanding the foregoing grant of easement, MSM and the subsequent owners of Lot 3 agree not to use the easement hereby granted unless and until access to County Road No. 15 over the right-of-way is closed or otherwise denied the owner of Lot 3 by the owner of the right-of-way. 2. Said 24 foot wide driveway easement shall be at such location within the Easement Property as Woodhill may determine from time to time. At any time, and from time to time, Woodhill may record a declaration establishing or amending the location of the driveway easement over the Easement Property, and such declaration shall be binding upon Lot 3 and the owner thereof. 3. The easement shall be for the sole purpose of providing alternative access to a public street, namely, Woodhill Avenue, from Lot 3, and the use thereof shall be consistent with the use of a driveway by a single family residence property. Further, the use of the driveway easement shall be subject to such reasonable rules and regulations as Woodhill may impose from time to time. 4. All maintenance Costs, snow removal expense and other costs associated with the driveway easement hereby contemplated shall be borne by Woodhill. In addition, immediately upon the closing or denial of Lot 3's right to use the access to County Road No. 15 over the right-of-way by the owner thereof, Woodhill shell maintain and keep open an actual driveway located wite..in the easement to at least the standard of the driveway now connecting Woodhill Road and Woodhill Avenue. 5. Upon the closing or denial of Lot S s right to use the access to County Road No. 15 over the right-of-way by the owner thereof, the owner of Lot 3 shall notify the City. and the City shall, as soon as practicably possible, independently determine whether Lot 3's access to County Road No. 15 over the right-of-way has been closed or denied. The owner of Lot 3 and Woodhill shall promptly provide to the City copies of any documents relating to such closing or denial and such other information or proof as the City may reasonably require. If the City determines that Lot 3's right to use the access to County Road No. 15 over the right-of-way has been closed or denied by the owner thereof, the City shall consent to the removal of any obstruction located on Woodhill Avenue or on the Easement Property that prevents or impedes access to Woodhill Avenue from the Easement Property, and Woodhill and the City shall cause, at Woodhill's sole expense, the removal of any such obstruction. 6. This Agreement and the rights hereby created shall be appurtenant to Lot 3 and the Easement Property, shall run with -2- title to said properties, and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Notwithstanding the foregoing, this Agreement shall terminate and no longer be binding upon the parties hereto at such time as (a) Woodhill or the owner of the right-of-way conveys to the owner of Lot 3, as an appurtenance to Lot 3, a legally enforceable, perpetual and non-exclusive easement to cross the right-of-way from Woodhill Road to County Road No. 15, or (b) the public acquires by eminent domain proceedings, or by voluntary conveyance in lieu thereof, such right of access to County Road No. 15, whichever first occurs. Upon such termination the owner of Lot 3 agrees to execute in recordable form a release of its rights in the Easement Property as created by this Agreement. 7. Each of the parties hereto and their respective successors and assigr.s shall have the right to enforce their rights hereunder by injunction or other equitable relief, it being understood and agreed that there is no adequate remedy at law for the breach hereof by any party hereto. _B._ No Provision of this Agreement shall be construed to limit any right Woodhill may have to use Woodhill Avenue. IN AGREEMENT, the parties have executed this Easement Agreement as of the year and date first above written. WOODRILL COUNTRY CLUB MSM ASSOCIATES UVA 1, - in "'1 a St: - o' Reviewed for Administration By By Partner -3- STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) The foregoing was acknowledged before me this day of September, 1987, by I the of woodhill Country Club, a nonpro it corporation under t e aws of Minnesota, on behalf of the corporation. Notary Public STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) The foregoing was acknowledged before me this day of September, 1987, by , a partner o�SM Associates, a Minnesota general partners Firp, on behalf of the partnership Notary Public STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) Q,,��q he foregoing was acknowledged before me this 5th _day of yeDT� rrf1 1987 by James R. Grabek andsy Mark E. Bernhardson the pavor and the Admjnigtraf r pecti*e y, o t e City of Orono, a m n pa e�ion under tee I ws of Minnesota, on behalf of the municipal corporation. j w_ DONOTHY M. MALLIN ary EPIN COUNTY NOT W PUKX40MNWA N[NN w �wre. w10 sae THIS INSTRUMENT WAS DRAFTED BY: Lindquist a Vennum (JBW) 4200 IDS Center Minneapolis, MN 55402 _4 .. SEP 2 8 Oat RE.QOEST FOR PAYMENT DATE: September 21 1987 PLACE: Orono Minnesota PROJECT: 1987 Seal Coat Project PROJECT NO.: PILE NO.: 13931 CONTRACTOR: Allied Blacktop Company - ADDRESS: 10503 - 89rh Avenue North Maple Grove Minnesota 55369 REQUEST FOR PAYMENT NO.: I SUMMARY: 2. 3. 4. 5. 6. 7. 8. 9. 10. it. Original Contract Amount Change Order - ADDITION Change Order - DEDUCTION Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retainage 5 2 Sv6-Total Less Amount Paid Previously AMOUNT DUE THIS REOUEST FOR PAYMENT NO.: I OWNER APPROVAL: RY — Date: FOR PERIOD: V From: Aug. 1, 1987 To Sep[. 15, 1987 SPECIFTEO v'n4TRACT COMPLETION DATE: September 4, 1967 .114 J UKUNG S 89,692 95 $ 89,692.95 $ 86.8A4.69 $ 0.00 $ 86.884.6y $ 4.344.23 $ 82,540.46 $ 0.00 $ 82�540,46 Recommended for Approval by: RONESTR00, ROSENE. ANDERLIK 6 ASSOCTATES INC. By: 4L Approved My:_ Allied Rlacktop Company C.nntrartnr 5941e-0-031 RV Project: 1987 Seal Coat Project Orono, Minnesota Contractor: Allied Blacktop Company Contract Item PART I - STREET SEAL COAT Bituminous material for seal cost PA-2 seal cost aggregate in place Payment No: 1 File No: 13931 Date: September 21, 1987 STATEMENT OF WORK Unit ?at'd Quantity Amount Unit Price Quantity To Date To Date Gal. $0.78 45,000 44.533 $34,735.7- Ton 14.95 2,250 2,225 33,263.75 TOTAL PART T - STREET SEAL COAT $67,999.49 PART It - SEAL COAT - M.S.A.P. 152-102-09 Bitbminous material for seal coat Gal. $0.78 9,800 9.800 $7,644.00 Beal coat aggregate (trap rock) Ton 21.88 490 490 10,721.20 4" vide broken line, yellow paint L.F. 0.065 9,950 4" wide solid line, yellow paint L.F. 0.065 19,900 8,000 520.00 4" wide solid line, white paint L.F. 0.065 10,000 TOTAL PART IT - NSA SEAL COAT $IS,885.70 TOTAL PART T - STREET SFAL COAT $67,999.49 TOTAL PART 11 - MSA SEAL COAT 18,885.20 TOTAL WORN COMPI.FTFO TO DATE. ......... $86,884.69 5941e INTEROFFICE MEMO DATE: October 6, 1987 TO: Mark Bernhardson, City Administrator FROM: Mel Kllbo, Chief of Police RE: Police Officer Appointment Following the resignation of Mary Hensel on Sept. 14, 1987, the police department undertook a selection process for a replacement. At this point, the city has narrowed the field to two officers from whom a selection has been made. I recommend to you that we select Mr. Charles Schauss, 1842 Ashland Avenue, 44, St. Paul, MN 55104. He is 29 years old, married, and has a P.O.S.T. license as a police officer. He is 12 credits away from graduation from Metropolitan State University. He is currently a part-time deputy sheriff with Ramsey County, having been there 34 years. He has taken the Minnesota Police Recruitment System test and has been involved in two oral exams. He has completed a comprehensive physical and psychological test and is the most qualified candidate. I request permission to hire Mr. Charles Schauss, effective October 26th, 1987, or as soon thereafter as he becomes available at the beginning rate of patrol officer pay. El7oy 19 f7 (�ifi TO: Mayor and City Council 1'11►�1) FROM: Mark Bernhardson. City Administrator"` Forwarded recommending approval subject to completion of t' required background check. PROPOSED MOTION - Moved by _ , seconded by that the Orono Council approves the hirinq of Mr. Charles Schauss effective October 26, 1987 at the starting rate for partol officers. Ayes Nays 10887.3 F i1.:11 Ri TO: Mark Bernhardson, City Administrator FROM: John R. Gernhardson, Public Works Director DATE: October 8, 1987 SUBJECT: Community Development Block Grant Agreement Amendment Attached for review and approval is an amended agreement for participation in the Community Development Block Grant program. The amended agreement changes nothing regarding the City of Orono but is required by HUD. RECOMMENDATION - It is recommended that the Council approve the amended agreement and adopt the proposed resolution for participation in the Community Development Blocx Grant program and to authorize the Mayor and City Administrdtor to sign the amended agreement. PROPOSED MOTION - Moved by _ , secondeu oy _ , to approve the amended agreement and adopt resolution t for participation in the Community Development Block Grant program and to authorize the Mayor and City Administrator to sign the amended agreement. Ayes __, Nays TO: Mayor and City Council ��1} FROM: Mark Bernhardson, City Administrat Forwarded recommending approval /5" City of ORONO RESOLUTION OF THE CITY COUNCIL RESOLUTION AMENDING JOINT COOPERATION AGREEMENT HENNEPIN COUNTY CONTRACT NO 70486 WHEREAS, the City of Orono, Minnesota and the County of Hennepin have executed a Joint Cooperation Agreement, County Contract No. 70486, for the purposes of qualifying as an Urban County under the United States Department of Housing and Urban Development Community Development Block Grant program for Fiscal Years 1988, 1989 and 1990. BE IT RESOLVED, that Amendment No. 1 to the Joint Cooperation Agreement, County Contract No. 70486 be approved, and that the Mayor and the City Administrator be authorized to sign Amendment No. 1 on behalf of the City. The question was on the adoptionn of the resolution, and upon a vote being duly oaken thereon, the following voted in favor thereof: and, the following voted against the same: Whereupon said resolution was declared duly passed and adopted this 12th day of October, 1987. CITY OF ORONO -------------- James R. Gra ek, Mayor ------------------ Mark P:. Uernh.i aison ATTEST: City Administr itor Dorothy M. IIa TITn, City Clerk DATE: September 29, 1987 TO: Urban Hennepin County Participating Units ,( . HENNEPIN FROM: Hennepin County Office of Planning and Developmen SUBJECT: AMENDMENT TO CD8G JOINT COOPERATION AGREEMENT _JL The accompanying Amendment No. 1 to the Joint Cooperation Agreement your community executed with Hennepin County to qualify the Urban Hennepin County CDBG program for Fiscal Years 1988, 1989 and 1990 is presented for ratifi- cation. A sample resolution authorizing the execution of the Amendment is provided to help expedite the process. The Amendment became necessary because of additional requirements issued by HUD in Notice 87-10 (provided previously under separate cover) and just recently communicated to Hennepin County. The sections of the Agreement which are amended and the requirement that each is intended to satisfy are as follows: 1. Section I., DEFINITIONS and Section IX., METROPOLITAN CITIES, to satisfy the deferral of entitlement status of Metropolitan Cities so they may be part of an urban county (Section II., 8.) and/or request of a Metropolitan City to be included in an urban county (Section IV., A.). 2. Section III. AGREEMENT, A. to satisfy assurance that the Agreement will be effective for however long it takes to expend granted funds (Section Ill.. D., 3.). 3. Section III. AGREEMENT, D. to satisfy that all participants are bound by the required certification of compliance (Section Ill., D., 7.). 4. Section VII. FINANCIAL, E. to satisfy requirements relative to program income (Section III., D., 1., and 8.). 5. Section VIII. REAL PROPERTY ACQUISITION OR IMPROVEMENT, to satisfy the requirement of setting forth standards applicable to such activities (Section III., D., 9.). Please have your community act on the amendment at the earliest possible date and return all three copies properly executed, along with a copy of the passed resolution authorizing such action by October 16, 1987 to: Hennepin County Office of Planning and Development Development Planning Unit 822 South Third Street, Suite 310 Minneapolis, MN 55415 6c. r = —J Urban Hennepin County Participating Units September 29, 1987 Page Two This will permit execution of the amendment by the County and transmittal to HUD by the November 9. 1987 deadline established for the first time in the Notice. Please be reminded that the same stipulation attendant with the original agreement pertains to the amendment, i.e., execution will continue partici- pation in the Urban Hennepin County CDBG program for Fiscal Years 1988, 1989 and 1990 and opting not to execute will exclude participation for the same period. Under the Notice, HUD and the County must be informed of a decision to be excluded by October 15, 1987. Thank you for your cooperation in addressing this pressing situation. Your planning representative is available for assistance and guidance. tf Enclosures AMENDMENT N0. 1 TO CONTRACT N0. 70494 THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, State of Minnesota, hereinafter referred to as "COUNTY," and the CITY OF Preno , hereinafter referred to as "COOPERATING UNIT." Said parties to this Agreement each being governmental units of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471.59; It is hereby agreed that that certain agreement, made and entered into on September 15, 1987, and bearing Contract No. 709& between the herein -named parties covering joint cooperation in the urban Hennepin County Community Development Block Grant program is hereby amended in accordance with the provision set forth below: Section I. DEFINITIONS, of the original contract sh,.11 be amended by adding paragraph F. Metropolitan City" which shall read: F. "Metropolitan City" means any City located in whole or in part in Hennepin County which is certified by HUD to have a population of 50,000 or more people. Section III. AGREEMENT, Paragraph A of the original contract shall be amended to read: A. The term of this Agreement is for a period commencing on the effective date of October 1, 1987, and terminating no sooner than the end of program year sixteen (%VI) covered by the Statement of Objectives an, Projected Use of Funds for the basic grant amount auhorized by HUD subsequent to the effective date and for such additional time as may be required for the expenditure of funds aranted to the County for such period. Sec. 1 111. AGREEMENT, of the original contract shall be amended by adding paragraph 0. which shall read: D. COOPERATING UNIT and COUNTY shall take it action necessary to assure compliance with the urban county certification required by Section 104(b) of the Title I of the Housing and Community Develop- ment Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. Section VII. FINANCIAL MATTERS, paragraph E. of the original contract shall be amended to rem E. COOPERATING UNIT shall inform COUNTY of any income generateo by the expenditure of CDBG funds it has received and shall pay to COUNTY all program income generation except as derived from activities with an approved revolving account. 1. COUNTY will retain ten percent (10%) of all program income paid to COUNTY to defray administration expenses. 2. The remaining ninety percent (90%) of the program income paid to COUNTY shall be credited to the grant authority of COOPER- ATING UNIT whose activity generated the program income and shall be used for fundable and eligible CDBG activities con- sistent with this Agreement. 3. COOPERATING UNIT is authorized to retain program income derived from activities with an approved revolving account provided such income is used only for eligible activities in accordance with all CDBG requirements as they may apply. 4. COOPERATING UNIT shall maintain appropriate records and make reports to COUNTY as may be needed to enable COUNTY to monitor and report to HUD on the use of any program income. 5. Any program income that is on hand or received subsequent to the closeout or change in status of COOPERATING '!NIT shall be paid to COUNTY. Section VII1. REAL PROPERTY ACQUISITION OR IMPROVEMENT, shall be added to the original contract and shall read: SECTION VIII. REAL PROPERTY ACQUISIT! ! OR IMPROVEMENT The following provisions shall apply to real ,roperty acquired or improved in whole or in part using CDBG funds. A. COOPERATING UNIT shall promptly notify COUNTY of any modification or change in the use of real property from that planned at the time of acquisition or improvement including disposition. B. COOPERATING UNIT shall reimburse COUNTY in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. C. Program income generated from the disposition or transfer of property prior to or subsequent to the closeout, change of status or termination of this Agreement shall be treated as stipulated in Section VII, paragraph E of this Agreement. Section I%. METROPOLITAN CITIES, shall be added to the original contract and shall rem SECTION IX. METROPOLITAN CITIES A. Any metropolitan city executing this agreement shall defer their entitlement status and become part of Urban Hennepin County only under condition that a statutory provision authorizing deferral of metropolitan city status becomes enacted prior to the official allocation of the FY 1988 CDBG funds. B. Should the statutory provision authorizing deferral of metropolitan city status not be enacted it will be necessary for Hennepin County and any metropolitan city executing this agreement to request HUD to approve the inclusion of the metropolitan city as a part of Urban Hennepin County for purposes of planning and implementing a joint community development and housing assistance program. In such a case this agreement shall be fully effective. This agreement shall be effective for the same period as the original agreement. Except as hereinabove amended, the terms, condition and provision of said Contract No. 70µQL dated September 15, 1987, shall remain in full force and effect. COOPERATING UNIT, having signed this agreement, and the Hennepin County Board of Commissioners having duly approved this agreement on 1987, and pursuant to such approval and the proper County offtc a aving signed this agreement, the parties hereto agree to be bound by the provisions herein set forth. Upon proper execution, this COUNTY OF HENNEPIN, STATE OF MINNESOTA agreement will be legally Valle and bindi By:a r L man Ft o s County oar ss en y And: Date: Oepu y Ssotia a Coun y Administrator APPROVED AS TO EXECUTION: ATTEST: Deputy oun y u i ar AssistantCounty Attorney Date: CITY OF By: Its And: Its The City is Organized pursuant to: Plan A Plan B _Charter lb 10787.10 7 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrate�l �111 1' DATE: October 6, 19t. SUBJECT: Administrator's Information 3536 LYRIC AVENUE - The resident continues to do some work in putting a foundation under the property, however the work is not completed and staff will be further monitoring this project for hopefully having a completion within the next month. 1972 SHADYWOOD ROAD - At the pre-trial hearing on September 29, 1987 the attorney for the resident and tt� attorney for the City attempted to see if there was some common ground for a negotiated settlement that would cease the feeding of the ducks for here forward. At the time it did not appear that the resident was amenable to a negotiated settlement and it was agreed that the attorneys would argue the status of the stipulation in light of the prohibition on feeding the ducks that was passed subsequent to that stipulation. The Judge agreed to that and gave the defendents a month to submit a brief on that matter giving the City two weeks after that to respond. It is anticipa,ed that a ruling on this matter will not be received until November or December. 3946 SIXTH AVENUE NORTH - Despite promises by the owner no p rog ce ss Teas been made and the City will be having its contractor initiate work on the property within the next week. 2160 WAYZATA BOULEVARD - The PCA did transmit the letter to tue owner indicating certain actions that h= must take aqd deadlines that he must meet with the feeling of the PCA at this point being that the owner of the property is responsible based on the assumption that the pollution :s coming from his property. In a discussion with the property owner he feels that the origin of the pollution is not on his property and that he will be working with PCA through his attorney on the matter. 200 HOLLANDER ROAD - There is presently no further progress on the matter to report since last time. The representative from the estate has not been in contact with the City regarding possible voluntary development of the by-laws for the homeowners association as had been hoped. The clean-up on thy. property has not substantially changed since work earlier this summer. The City will be continuing to resolve the barn issue and clean-up during the next month or so. 3405 SHORELINE DRIVE - During the past month the staff in conjunction with Hennepin County has reviewed the location of a new road and sidewalk again for the owner of the property. It was hoped that this would allow him to make up his mind regarding the amount that he wculd have left for parking and balance `hat off against how much he felt he needed. From that hopefully he would make a decision as to whether he would tear down the building in order to Rake room for parking or hopefully market it as a piece of property for other uses without that building being on it. In a recent conversation lie has indicated that he does not want to do anything with the building until such time as the road wo.k in completed and he can make a udgement based on actual activity as to his parking needs. While not hopeful at this point, staff will be atteapting to explore ways to see if this can be resolved in a more timely fashion. The tanks from the old filling station on this property were removed several years ago. SEPTEMBER GOAL STATUS - See attached. RIPARIAN EASEMENT (DIANIS VS HARKEN) - This was an easement dock issue Ioc an off-�Tce[esident (8ecren) which LMCD took the lead on. Did not result in a much different outcome than our dealing with the Chapman's earlier this year. 03%L SSTTIlG CITY OF am= AND MARK B. BEMPNMBON CITY AMIM S77 IUR 1 NRY 1987 - 31 APRIL 19M '87 SM - 1987 Council Strategic Planning Short Term Objective AREA GORL AM Q83ECrIVPS 1. Community Development Highway 12 187 S70 A. Comprehensive Plan Amendment t2 (5/ 87 ) Approve Amendment t2 Sutnissian to Met Council B. Task Farce to upgrade 187 M Navarre Redevelopment (Commence $/87) Receive back, from Met Council Zoning Amendments - Draft - Planning Commission consideration - Council consideration Negotiations on utilities (Loony Lake -Medina) Final plan approval Monitor progress Generate broader interest Initiate Goal/objective Setting process Engage consultants - Planning - Legal DRAFT 4/28/87 6/91/87 7/91/87 8/10/87 9/09/87 19/06/87 DAMM SMU 5/11/87 Tabled to 6/22/87 Adopted 6/22/87 6/12/87 10/6/87 currently finalizing anticipate 10/16 submission 9/11/87 6.!5/87 7/6/87 8/19/87 cammerv-e 5/15/87 9/28/87 ongoing 6/30/87 7/19/87 to be determined 1. Community Development (Cont.) '87 STIR County 15 Development (Commence 2/87) 187 STO Storm Water Management (Commence 2/87) Plan 187 STO Community Transportatiou Plan (Comiewe 2/87) 2. Environmental Protection 187 STUD Stubbs Bay (Complete evaluation 4/87) CaMM r M DUM STMW Determine desired 6/39/87 local accompanying improvements Determine/Budget 8/28/87 Anticipate presentation to for local share to Council 10/12/87 Review final plans 10/30/87 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 tVWD meeting 7/22/87 reviewed by K-CD changes ML%%D meeting 8/12/87 adopted 12/1/87 received revised cop, of M:WD comments due 12/12/87 Develop schedule for ll/l/87 Orono's plan Complete needs assesseent 8/87 Project feasibility 11/87 Determine assessment area 12/87 interest If Appropriate - Project consideration 2/88 - Project bid 4/88 - Commence project 6/88 - Assess project 8/88 cc 8/89 - Complete project 6/89 r r 2. Environmental Protection (Cont.) Crystal Bay Finalize project 7/87 Project close out tabled to 6/8/87 Wayne appe;l tentatively settled 5/29/87 Finalized 9/24/87 Closed cut 6/8/87 3. organizational Development 1988 Council Goal Setting Camence 7/87 9/14/87 to set meeting 10/7/8' Complete 10/87 1988 Budget Process 1988 Legislative Program 987 sm Complete liquor sale *87 SM Increase Influence/Cooperation with other Governmental units Reevaluate use of Planning Commission Assess:.ent Board of Review Bud3et process education Rudnet Adoption Complete Close final payment Determine areas for cooperation/influence improvement Determine goaLr in areas of common concern outline of current Commission responsibilities Proposals for any increased usage 5-6/87 Completed 5/13/87 6-7/87 Held 7/9/87 Initial Meeting Set 9/17/87 9/28/87 Budget,/Mill levy set 9/28/87 12/87 6/30/87 Sale closing campletod 6/1/87 Completed final seller transaction 6/11/67 Final price OPS statement/Bonus 6/23'97 5/87 Draft durument to Council 6/22/87 - 7/13/87 6/87 Adopted 7/28/87 7/87 8/87 ARL. GOAL ARFA OBJECTIVES 4. Service Delivery 167 STD Facilities Study Appointment of consultant (1-6/87) for space study 5/87 Tabled to 6/22/87 Tabled to 7/13/87 Council Approved Undertaking Stmxiy 8/ 10/ 87 Consultant Selected 8/24/87 Work plan adopted 9/28/8' Completion of space study 9/87 Deterr:,ination of nex* steps 10/87 in process 187 STO LoM Flange Financial Policy Draft policy to Council 6/87 (5/87) Council adoption 7/87 Golf Course Development of business 7/ 87 strAtegy Animal Control Evaluate program 8/87 5. Human Resources Canpensation Comparable worth adjusUments 10/87 Development - Perfocmary-,e 10/87 Based pay system 6. Marketing Community Infnrmatim/ Mayor's Articles Ongoing Newsletter Evaluation of system 8,'87 4/87 Initiated CSO progrmr. to handle 9/28/87 adopted ccntinuan_e in 1968 budget. Extended service to hang lake/Spring Park/Minnetonka Be3ch-1986 8/24/67 evaluation conducted. `lavors's Article format to continue to 8/88 for next evaluation i.n flv„P 6t•nnrJ, Li !I u•Htif•fl x 81987 Dwivv IJ i s Pnnlannat lZU'lun 20W Fast Bank Place Weal July 28, 1987 Mmnebpolis Mlrnesofa SSe02 Telephone 101213330 3 Telecopier 16121333-OS40 Mr. Frank Mixa Clayton L. LeFevere Executive Director Herbed P. Lefler Lake Minnetonka Conservation J. Dennis O'Brien District John E. Dmw, David J. Kennedy 402 East Lake Street Joseph E. Hamilton Wayzata, MN 55391 Jelsh B Dann Cretin E. Purdue RmhardJ Schaeffer Re: Dianis v. Harren chafes L. LeFevere Herbert P. Lefler III Dear Frank: James J Thomson• Jr. Thomas R Gall Dante Nolan Attached is a copy of the Findings of Fact, Conclusions Jpmn. KSchn of Law and Order of Judge Rogers is the above -entitled . Schmi Staves Bdt James M. n case. Ronald Bait, M. Batty William P. Jordan Although Mr. and Mrs. Dianis may not be tha with g y too happy William R. Skeaerud Rodney D. Anderson the result of this case, it does protect the L14CD Corona A. Heine ordinances. The Court conc;Jded that the Harrens have a David Dusse'en legal right to construct a ,,fck from the Dianis property. Paul E. asm stey.rhM .Tallesenen However, the dock muEt be outside of the LMCD setback Mary Frances Skala area and, therefore, within the Dianis, authorized dock Christopher Hamamal use area. Tlmafhn J Pnwl.is, Ruff A Swnhelm Julie Baryh Assuming this case is not reversed on appeal, it could be helpful in future cases where creation of dockage rights by easement result in a conflict with LMCD ordinances. If you have any questions, please feel free to give me a call. Very truly yours, a. rSL_ 11 C'arles L. LeFevere CLL:rsr Enclosure RECtivt: JUL U 01987 L-M.C.D. JUL 3 U 1987 L.M.C.DSTATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOL4RTH JUDICIAL DISTRICT 'U7 Z0 P,'. Z U, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - David Dianis and Karen Dianis, Plaintiffs, ) Case No. MX 87-6525 -vs- ) FINDINGS OF FACT Lee C. Harren and Juletta M. ) CONCLUSIONS OF LAW Harren, and Lake Minnetonka ) ORDER Conservation District, ) Defendants. ) The above -captioned matter came on for hearing before the undersigned on July 10, 1987 on motions for summary judgment by all parties. The plaintiff appearing by C. Scott Massie, Esa; the defendants Harren appearing by Carter DeLaittre, Esq.; and the defendant Lake Minnetonka Conservation District by Charles LeFevre, Esq. FINDINGS OF FACT: The plaintiffs own certain residential property on the shore of Lake Minnetonka, more particularly Stubbs Bay. That the defendants Harren own property adjacent and to the rear of the plaintiffs of which no part is Lake Minne- tonka shoreline. That the property of both the plaintiffs and defendants Harren are residential properties and were purchased from one Christopher Winkler. Said Winkler was authorized to subdivide the property into the pieces now owned by the plaintiffs and the defendants Harren. p. 2 That when the said Winkler sold the lot to the defendants Harren, he granted a 10-foot easement on the south boundary of the lot now owned by the plaintiffs. This being for access to Lake Minnetonka. The deed read in part in the description, "including the right to construct a dock into the lake adjacent thereto". Subsequently, the said Winkler sold•the property subject to said easement which was of record to the defendants Harren. That prior to the sale of the properties by said Winkler to either the plaintiffs or the defendants Harren, the defendant Lake Minnetonka Conservation District had a duly -promulgated ordinance of record covering the shore area in question of a 10-foot setback. That the defendants Harren have constructed a dock which would abut an extension of the north boundary of the 10-foot easement, if extended into the lake. That said dock is uuilt on an angle anq a portion of it protrudes into the defendant Lake Minnetonka Conservation District's setback area. e sole issue and concern between the plaintiffs and the defendants Harren is the interpretation of the word "adjacent" in the deed setting forth the easement. CONCLUSIONS OF LAW: The immediate and first interpretation of the term "adja- cent" would mean an extension of the 10-foot land easement into the water. In this case, that conclusion cannot be reached, because the setback ordinance was of record and, thus, of know- ledge to both Winkler and the defendants Harren. e p. 3 It can be without question that the property was sold by said Winkler to the defendants Barren with the assurance and understanding that there would be access to Lake Minnetonka and the right to build a dock. That this would have to be in compliance with the ordinances, rules and regulations of the Lake Minnetonka Conservation District which are not unreasonable. Thus, the only interpretation which may be given is that the defendants Barren are permitted to construct a dock which would abut the extension of the north boundary line, if extended into the lake, of the abovesaid easement. That said dock cannot protrude in any way into the 10-foot setback area. That the defendants Barren are entitled to cross the property of the plaintiffs to go from their land easement to their dock. ORDER: That the notion for summary judment of the plaintiffs is hereby denied. That the motion of the defendant Lake Minnetonka conservation District is hereby granted, and that the defendants Barren must remove that portion of their dock which protrudes into the 10-foot setback area. That the defendants Barren are hereby allowed to con- struct a dock which would abut the extension of the north boundary line of the 10-foot easement into Lake Minnetonka and have reasonable crossing access of the plaintiffs' land p. 4 to reach the dock from the easement of record. LET SAID ORDER BE ENTERED ACCORDINGLY BY THE Dated thiqco—�day of July, 1987. e /7 LIST OF LICENSES FOR COUNCIL APPROVAL � FOR MEETING OF October 12, 1987 Septic System Installers - Patnode Bros 16551 Lake Ridge Dr ;w.aple Grove 1 ..M V............. (ArptO O ORION�� ur.1,�.,or. m.nne.�N 6az1. IM41SEPT"-STEM BUILDING. A ZONING - 473-7357 ASSESSING of insurance, and evidence of MPCA Certif iba"on or Nome SV`j( e Treatment Workshop attendance must accompais app ica on All applications are subject to a ten (10) -- 1. Business or trade name ?WrM.a.r e)kaS SWWeA, �-[c1M eTZ 2. Business address ls,4-Rn6.: Or - r-3noeltr 6,14u-r- 3. Business phone 42o-379 Residence phone Sror� 4. Name of applicant or company rApresentative holding MPCA certification _7 7rvc0.- 5. Type of certification held: �nstaller _ Pumper Site evaluator System designer v Is Fhis a Provisional Certificate? _ Certif icate No.-:L 6. If no Certificate is held, provide evidence of attendance at one of the On -Site Sewage Treatment Workshops held immedi-te17 prior to the current construction season. 7. Have you ever hel Septic System Installer license in Orono before? Most recent year i H. Have you ever had a license revoked?/Lo_ When? Where? _ A. Do you do Municipal Sewer hook-ups? Yes_ No SUHM ALS REQUIRED: .bd 1. $25.00 license application fee.'I.9 2. $2000.00 license and permit bond naming City of Orono as obligee. The State Plumbers Bond will not be accepted. 3. $10-50-100,000 minimum Certificate of Insurance. 4. Copy of current MPCA Certificate or evidence of attendance at On -Site Sewage Treatment Workshop held immediately, prior to current construction season.40Vj3e, 81 LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED. List persons other than applicant who are authorized by you to apply for permits under your license , The undersigned hereby makes application to the City Orono, Minnesota, for license to install and repair septic systems, and/or pump c t septic tanks, subject to the laws of the State of Minnes a and the Ordinances of the City of Orono. 1-4X _ Date fs% . 1 Applicants Signature Staff recommendation Approval/oi_r� Denial Dat✓-� CITY Reason for denial: USE City Council Action Date Approve _ Den e ONLY Date license mailed .. CITY OF ORONO P A Y R 0 Y _ T _ D . _ _ _ _ _ _ - .- EMPL-NO NAME DIV GROSS GROSS EXP/ALLOW I N ANDERSON BL 31 27656.62 1308.54 11 ., BERNHARDSO ME 12 37596.12 1928.40 2 BOBZIEN SA 31 16605.92 772, 48 BOSMA JL 12 7646.67 349.17 PREINHORST UH 31 50 BRINKMAUB JF 42 2SS7471 � 12,12 27f'L1967 i t1 CHESUICK GB 31 27698.17 1376.72 VkUnO CORNICK JL 31 21880.3S 1115.87ut DENNESON RJ 35 1759.50 213.18 ELDER JA 35 425.05 0,00 ENGLISH I] IH 31 24891. 61 1388.38 1' ERICKSON DJ 93 1634.5S 107.10 ERICKSON KR 31 27S22.36 1376,72 2, FICHENICH DT 31 7981 76 1214.32 11 FRITZLER JM 31 26776.04 1321.28 2. GAFFRON MP 33 22570.94 1129.04 1! GERHARD80N JR 42 31183.15 1559.84 2 GREGORY JD 42 21779.65 1076.18 HALLIN DM 12 19244.36 962.64 HANSEN SC 42 19068.10 955.02 HANSING CJ 31 8578.31 385, 32 HOOGENAKKE JE 31 519.60 O.OD JACOBS TJ 33 22576.54 1129.04 t JOHNSON BP 31 27615.08 1560. 72 BI KILSO MH 31 '1800.50 1590.72 1 KIRNYCZUK M 31 13464.46 529.35 KNOTT MJ 33 3409.00 199,50 KNUTSON CA 15 15549.76 791.04 KUEHN TM IS 30490.68 1525.20 LINDSTROM OJ 93 0.00 0.00 MABUSTH JA 33 264tP 46 1321.20 1 MIKF RA IS 14569.56 750. 00 MIL YH 99,88 99.88 MORA MF 31 28829. 06 1,492.60 2 MORO/ J 31 27S39.57 1436.58 1 MROSS "T 61 16390.99 801.44 NAAS L 12 15149.48 744.88 OAS JO 93 1226.25 103. 50 OMAN LE 33 17743.88 883. 44 PETERSON PL 12 8900,58 452,71 PETERSON RU 93 1953 00 220,50 PETRAN JC 398.00 0,00 OUAST WA 92 20722 14 983.52 1 ROSS JA 93 2791.22 238. 00 SASS JJ 42 19682.62 9*11.EB 1 SKREEN DS 42 19058 69 9i5.47 1 - SMITH JR 92 R035E.83 954.40 STEFFrNHAG RE 93 20021.30 1041.52 �'. STEVENS B] 9' 4147.Ot 0 00 - STILES RC 6. 2710 00 407 50 THUMTON MR 31 19543.91 1024.9u t N CITY OF ORONO P A Y R EMPL-NO NAME TOMCHECK TOMCZYK WALSH Y_T_D 0 _ _ DIV CROSS CROSS EXP/ALLOW LF 31 19917.37 1042.49 MW 31 16102.91 1272.62 KL 31 50.00 0.00 COUNT GRAND 41,150.62 ` N PAID 00048 ` TOTAL 00054 TOTAL •^'•� FICA TAX GROSS 23,621.15 EMPLOYERS FIC P m CROUP HEALTH w a PHYSICIAN'S HEALTH PLAN 0 BLUE CROSS/BLUE SHIELD s E 0 m MEDICAL CENTER PLAN ` E a PRUDENTIAL F a COORD. HEALTH CARE w G w MINNES07A HMO w H a 'RANS-AMERICA OCC. I w BANKERS LIFE _ ;1 1 m MUTUAL SERVICES w K 'UTUAL OF OMAHA L a EMPLOYEE'S BENEFIT w M w AETNA P N • NICOLLET EITEL 0 = LEAGUE OF CITIES w H P w MFTROPOLITAN HEALTH PLAN 0 - SHARE Z a HEALTH CARE MAINT ACCT. MISSINC HOSP CODE FOR SOME EMPLJO t 9 1191 C.Ir OF ..Ow INDEX BE, G -NT FACE 1 CMECK NO DATE .I".T X611SM ITEM DESCRIPTION ACCOUNT NO. IM1 . I MESSAGE MC0133 101,1107 •a '.ACM MEETING 01-4356-039-It MANUAL NC6134 4/01147 RI 06 ICHO. RCI:RE ICMA S/If TO $/O II-4141-91-It MANUAL 11 /6 F Na. :5 10/11/91 1.464 If M 5lTMICM lAMO MAX FYEIMOLOT II-439-241-I2 MNUft. _ t. Jf0.90 A Co.], If /0I/tl 113 m •$I MA'. BANK FICA 01N TO 9/G MANUAL NOG136 111N 11- tat JT IR N." BANN FICA ROZA TO 116 11-1141-661-15 MANUAL .'L 19/0./b :9 IST MATL BANK FICA Site TO 9/6 01-II-S1f-Il Q My1W L '•C915 I6/6•qT Z4 '1 TOT MATL RAN. FICA 6/L4 TO 916 01N4I2-111d1 4AMUAL AN 1014I,27 ft.'? IST MATL BARK FICA S/24 TO $16 II-4142-115-31 MANUAL 1,13X 10101/p 30 Q IS? NA1a SAN. FICA 0/24 TO 1/6 91 4111-111-31 NAMUAL MC6 19/I1..% 186. 13 IST MA.L SAMM FICA 6/01 TO 916 01-4149-I11-]] MANUAL .I, I 1/SE/6t 1.f0 1RT MATL BAMK FICA 9124 TO 94 61-4110-U5-35 MANUAL .Cal . 10/61 qJ tN.S1 It OTL SANK FICA One TO 9'G 01-I1I2-949 AS OPPOSE. .CS131 L/11/Il 66. 11 at MATL OAMII FIG S/N TO 116 01-1141-11M51 MANUAL PCOIS, q/51191 Re.11 EST MATL SAW 111" 61t? TO 114 19-4112-S9-91 MANUAL .Ce'34 .0 •S VII 155 01 IST MATL SMY FICA 6.11 TO Ott 11Y144-99-11 MANUAL .CA 31 1 "OIHI 171 91 OAT NAIL I- FICA 0124 TO 114 19-4142-510-93 MANUAL I.l'.6 11 NC6:]- .v N 94 POSTAKST90 109146E 73-43S I-569-92 MANUAL 14 9 . "IS 14. I1•.1 "1 9 OF .?NM-REX SA. TAX SALF6 TAX AUGUST 01-ISIO-664-60 "AMNIA.. MCI1l. 10, Al I.6.I.40 1 M-REV 9LES TAX SALE@ TAX &ORIENT 71-tttb89-09 MANUAL f ,0L5.00 MCUA1 Ie 01/01 11 It R'. '!'ANT COOP ICM t/d TO 111 01-4140-039 -. MANUAL U fA . NC414,11! • •01/1l 14 t0 om.ISAOM ARROB0000 ME EFM C0" 41-I361-011-15 MANUAL 74,91 . M1.143 If. 17 1. OX III MATL BANK LRAE FICA 9/7 TO 9120 .1-4149-DEO-II MANUAL RU10 I6 CSe of 1IT MATL BANK LAKE FICA 9/1 TO 1114 01 A149-99-I2 MANUAL MCON] I. I91 T1 IST MATL BAN LAKE IT" 917 TO '190 11-4118-069-15 Nt L MCN1l] :11 12.19 IBT MATL MIMI LAKE FICA 1/T TO )/LIE 91-III2-99-11 MANUAL MCIIq 16/01 i 9 EI 197 MATL SAM I"- IT" 9/7 TO 9106 11 MII2-111-31 MANUAL NC.1.3 If $111 06 Sl IST MATL BANK LANE FICA 9" TO 9/t0 Of-III&-IIS-II MANUAL N: 16.4 .RA IS .9 111 MITI INN LANE FICA 9/7 TO 9180 01-411E-1t101 RANUA. NC- 3 140Vf I11 11 OAT MATL SAW LANE FICA 911 TO 1/9 H-414t-17I-I3 MANUAL .CL. 4I q/JI1 a 1F 16T MATL DAM LANE FICA )/I TO 91&0 61-4f42-I85-35 MANUAL NC4143 10,011.1 /N 67 NT RATE. RANK LANE FICA 117 TO 9/8e O-4Nt-&/9M& MANUAL NCBHI 10/01g1 197.41 TOT M. • SAM LAKE FICA 417 TO 9/29 01-4144-t1/-•• MANUAL MC64I .010016, It tl III MATL RAM LAME FICA 1/1 10 1/tf 12-4NR-54• MN L MGHI .9161/97 IRS 35 IDT M4)L RAM LAME FICA 117 TO 1/98 13-048-26 A AN MUAL '.:C&Iq H/0110: 9t Be Ott MATL DAM LAKE FEE. 11t •O 9140 l4-INS-S10 NAMUAL ,.at, 63 . f HST CITY OF ORDNO CMECM 40. DATE MCO H5 19/0 ' MC614S 141: MCS H5 10/91 /f 1 MC0195 U/01/m MC014S 10/01"? MCS:AS 1S/01/0/ MC014S IC/01/ST NCO195 11/11/0T AMOUNT 207 00 RT 0/ HO 0f -S9.09 10S.00- U5.09 005.0/ ]T. If 100 11 . S.f- .TI 0 ] ]1 1 AIC.N 71472.98 CRECM REGISTER VENDOR ITEM DESCRIPTION POSTMASTER POSTAGE POSTMASTER POSTAGE POSTMASTER POSTAGE `OSTMASTER POSTAGE -OSTRASTER POTTAGE POSTMASTER POSTAGE POSTMASTER POSTAGE POSTMASTER POSTAGE FUND IOTAL GENERAL FUND FUN- TOTAL WATER OPERATING FUND FUNC . TOTAL SERER OPERATING FUND FUND N TOTAL GOLF COURSE OP' . ING FO TOTAL 09-30-0T PACE R ACCO NO. INV. f P.O. 9 MESSAGE 01-032I-039-IE " MW.L 01-13EI-059-11 MAMI.P. 1.-43EI-669 IS RAW - PI-I]EI-IR9-N MAMIML 01-4321-IT4-33 MANUAL 01-03EI-IT4-33 MANUAL 01-93E1-174-]] .;ANUAL 0'-0321-E49-90 MANUAL ...-CMS • -987 CITY OF ORONO CHECK REGISTER 10-12-87 P E 1 CHECK NO LATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT N0. INV. 6 P.O. 0 MESSAGE • 285006 10/07/07 190 40 ACRO-MINNESOTA INC CABINETS Ot-423e-ITS-34 265006 10/0—e7 Ii0 48 A[RO-MINNESOTA INC CABINETS 01-4395-177-34 • 390 94 . ...... ...-CAS F 28SO09 10/07/87 64.S99 50 ALLIFD BLACKTOP CO BEAL COAT 1997 01--4233-249-4e 28SO09 10/4? -0T t7.94R 96 ALL'.EO BLACKTOP CO SEAL COAT 190T 23-4233-356-00 c 82."0 46 495010 10,07/87 17 28 AT&T INFO SYSTEM MINT OFFICE EQUIP 01-4340-039-le • 265010 10/07/87 17 2B AT&T INFO SYSTEM MAINT OFFICE EQUIP 01-4340-059-14 285010 10107187 17 28 AT&T INFO SYSTEM MAINT OFFICE EQUIP 01-4346-069-IS e65010 10,07,07 34 53 AT&T IWO SYSTEM MAINT OFFICE EQUIP 01-4340-129-31 • 285010 10/07/81 n 28 AT&T IWO SYSTEM RAINT OFFICE EQUIP 01-4340-174-33 265410 10/O7/67 1-7 28 AT&T INFO SYSTEM MAINT OFFICE EQUIP 01-4340-249-42 120 9l ...... ...-CAS • e85014 t0/O710? 16! 04 ALL STAR ELECTRIC MAINT LIFT STATIONS 73-4344-569-9e 0 . • ...... ....CKS 295030 10/07/07 13 50 AT A T INFO SYSTEM TELEPHONE 74-4320-590-93 • 13 50 . e6503, 14,07.67 20 19 AT & T COMM TELEPHONE Ot-43e0-039-12 • 065031 10/0-'6 4 19 AT A T COMM TELEPHONE Of-43e0-1e9-31 265031 10/.7/47 1 13 AT & T COOK TELEPHONE Of-43EO-174-33 Z6 81 . • . u... ...-CKS • es»•: 10 -T/BT 65 00 BLACKONIAK A BONS FAINT GROUNDS 01-4343-099-17 265•1: 1/4T 109 00 SLACKONIAK A SON$ MAINT GROUNDS 01-4343-e90-61 165 00 . • u...• ...-CAB • 2650T0 10/07/87 255 50 BOARMAN A ASSOCIATES SPACE STUDY CONSULT 01-4306-299-TE 255 S0 . • ...... ..._CKS e890T4 10/07/67 3T 10 BONESTROO ROSENE ASH ZONING MAPS 01-4elO-IT4-33 • 2BSO74 1&/47/67 SO 00 BONESTPOO ROSENE ASH ENC-RET JULY 01-4304-200-41 ESS074 101OT/6T 139 SO SONESTROO ROSENE ASH EKG CONSULT JULY 01-4305-200-41 20507. 10/07/07 209 25 SONESTROO ROSENE ASH EKG CONSULT JULY 01-4305-249-4e • 2650-. :O/OT/eT 9e1 i5 BONESTROO ROSENE ASH ENG CONSULT JULY 61-4305-940-71 2a5014 10/47/67 176 35 SOMESTROO ROSENE ASH ENC :ONSULT JULY 23-4305-35e-00 2850T4 10,07/67 179 72 BONESTR00 ROSENE ASK INC C01'IULT JULY 23-4305-355- 1 • :.Sea♦ 10/47/87 i53 75 BOMESTROO POSENE ASN ENC CO'ISULT JULY 25-4305-432- 2.397 40 4 T 1997 CITY OF ORONO CHECK REGISTER 10-IQ-97 PACE 2 CHECK NO DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. 'NV. 0 P.O. 0 MESSAGE ••...• u.-CR8 285110 10/07/67 127 92 CHAPIN PUBLISHING PUBLISHING 01-•322-290-61 127 92 2851T '0107187 )BT. 90 COMMERCIAL BLOC NNT JANITORIAL DERV Ot-1319-099-17 2BS13, 10/07,67 abs 60 COMMERCIAL BLOC MT JANITORIAL DERV Ot-4319-129-31 656 30 ....•• ...-CRB 2851q IC/07/97 1 50 COMMERCIAL LIFE INS IFE INS OCT 01-1152-039-12 28S143 1#107/97 2 TO COMMERCIAL LIFE IMF IFE INS OCT 01-41M-069-15 28S143 10117197 2 TO COMMERCIAL LIFE INS LIFE INS OCT 01-41 S2-121-31 25SI43 t0/OT/87 3 60 COMMERCIAL LIFE INS LIFE INS OCT 01-/152-1 B6-01 285143 t0/07/9T 9 00 COMMERCIAL LIFE INS LIFE INS OCT 01-1152-189-31 205113 10/07g7 ] 60 COMMERCIAL LIFE INS LIFE INS OCT 01-41SE-174-33 285143 10/07/87 5 40 C 'IERCIAL LIFE INS LIFE INS OCT 01-1152-219-18 285'13 10,07/07 90 C. MMENCIAL LIFE IM8 LIFE INS OCT 01-1152-290-61 285143 10/07/87 72 COMMERCIAL LIFE INS LIFE INS OCT 72-415E-S49-91 2RSI43 10/07g7 1 08 COMENCIAL LIFE INS LIFE INS OCT 73-41S2-569-92 205143 •0107167 90 COMMERCIAL LIFE INS LIFE IBS OCT 7I-4152-590-91 35 10 . •.•.. ....CKS 2851.5 10/67/67 S6 95 CORMICK/JAMES CLOTHING 01-1221-12S-31 56 95 0 •..... ...-CRS 28520E 10/07/0- 16 T. EMRICH SI INC CO CONCE,—NS RESALE 7I-4802-591-94 16 N . 28S203 10/07 f.T ET 20 ERICKSONIKURT MEETING', 01-4356-129-31 2T 20 - ...... .... Cgs a 285220 16 66 FIRST NAT SAW LAKES SAFE DEP BOX 6/88 01-399-9-IS F OSC2T 01.018 0/OT,e7 16 6B FIRST MAT SAKI( LAKES SAFE OEP BOX 6/88 01-4]99-12I2l-)1 •••..• w.-CMS 29525. IK/37/87 413 59 GENERAL REPAIR SV MAINT LIFT STATIONS 73-1311-569-92 m 59 • f f 2B526T 10/OT/BT 164 00 GOLF CAR MIDYEST EQUIP RENTAL 7I-133,-590-93 9. 00 • L F 1907 CITY OF MONO CHECK RESISTER 10-12-87 PACE 3 CHECK 40 DOTE AMOVMT WHOSE ITEM DESCRIPTION ACCOUNT NO. INV • P 0 0 MESSAGE •o o. o.-CN9 • 2GS2T5 10/0T/07 310 20 HEALTH INC MOSP INS OCT 01-9151-IPt-31 _ P052T5 16/0T/8T ♦69 TS GROUP CROUP HEALTH INC MOSP INS OCT • P852T5 tO/07/9i 69 65 GROUP HEALTH INC MOSP INS OCT 61-A151-IPl-31 01-4151-IT9-]] 285Pi5 10/OT/8T 00 GROUP HEALTH INC MOSP INS OCT 1M-9151 Kl0-13 966 966 60 • . ••o. o•-CNS IN 2BSlOJ 10107/87 2.561 9T NENN CTY FIN DIV JAIL CHARGES AUG 01-43ss-080-16 2.561 87 • ••.... ....CNS ., 28S308 10,01/07 340 46 HENN CTY SHERIFF OPT JAIL CHARGES AUG 01-4358-080-16 • 340 .8 .«o' •••-INS • 2B5 ]3p 10/01/87 81 96 ICMA RETRMNi CORP ICnA 9/21 TO 10/4 01-9100-039-I9 _ Bt 96 • ••••.. ....CNS • 285335 10,07/81 96 00 ILLIES I SON MAINT WATER MAIN 72-4395-549-91 96 00 • ....•. ....CNS YA 2BS363 10/07/67 18S 64 TOM JACOBS CONFERENCE 01-93S6-174g3 • 2BS363 10/07/87 .T 3S TON JACOBS MILEAGE 01-4381-174-33 232 99 • 9 • oo.• •. .CNS ., 285380 10147/07 109 00 JONES CHEMICAL UTIL SYS MAIN' 5UPPL 72-4234-549-91 • 108 00 . ...... •••-CNS 9GS397 10/07/97 39 83 NUEHM-THOHAS SEPT MILEAGE Ot-4361-069-15 i 9K397 10/07/81 1t 75 NUEHN-THOMA3 SEPT MILEAGE 01-4381-170-33 28S397 10/0T/67 1t TS NUEHN-THOMAS SEPT MILEAGE T3-4381-569-92 56 33 C • ...... ....CNS C 20502I 1e/67/87 IS. 00 LEAGUE Of MN CITIES OFFICE SUPPU E8 O1-4210-090-11 • 1s ee . r u.u. o.-CNS • 265437 10/OT/0T TS 76 CITY OF LONG LANE MAINT LIFT AUG 73-43I1-569-91? Cl. A 1997 CITY OF MONO CNECN REGISTER 10-12-67 PAGE A CNECN AND, DATE AMOUNT VENMOP ITEM DESCRIPTION ACCOUNT N0. ENV. 0 P 0. • MESSAGE 5 76 . ...... ....CNS • 265150 10/07/67 2.S76 83 CITY OF MAFLE PLAIN FIRE SERVICE 01-4316-131-32 A B.S76.83 • ...... ....CNS • 265174 10/0}/0} 1.677.7S METRO WASTE CONTROL SEPT CHARGES 01-2P26-000-00 1.6}T.}5 ...... ...-CNS 295490 10/417/87 i 61 MINNEGASCO UTILITIES 01-1321-129-31 295490 10/07n7 160.00 MIPNEGASCO UTILITIES T2-4321- '9-91 205190 10/47/87 3 11 MINNECASCO UTILITIES 73-13N-5.9-112 1T1 23 . ...... ...-CNB • P55.95 10/OLBT T 00 MN BENEFIT ASSN LIFE INS OCT 01-4152-129-31 T 60 • ...... ....CNB 205197 10/07/87 30 06 MN CHPI MCFOA MEMBERSHIPS 01-4380-039-12 • 30 00 • ...... ....CNS 285500 10/07/07 154 00 MINN COMM PACER SERVICE 01-1320-129-31 • IS. 00 •..... ....CNS • 285535 t0/67/03 t31353 00 CITY OF MOUND FIRE SERVICE 61-1317-132-32 13.353_80 . • ...... ...-CNS • 285540 10/07/07 1P SIR NAVARRE HARDWARE BLDC MINT BU•a 01-123t-290-61 265515 .0107/67 07 NAVARRE HARDWARE EQUIP P.!.e 01-1232-t29-31 2SSS49 10/07/67 S "1 NAVARRE HAPOJARE EQUIP PARTS 01-1232-iT1-33 • 1S554S 10/07/07 1 NAVARRE HARDWARE EQUIP PARTS 01-1232-219-12 905510 10/41,/07 t9..1 N.VARRE HARDWARE EQUIP PARTS 01-1232-290-61 RBS548 IS/ST/0T 51 07 NAVARRE HARDWARE STREET MINT SUPPL 01-1233-B19-12 • 255515 10/OT/ST 10.01 NAVARRE HARDWARE MAINT BLOCS 01-1313-091-IT 2055M0 10/OT/0} 110.1} NAVARRE HARDWARE MAI MT KIM 01-1313-l90-61 2RSS16 t0/47/97 12.25 NAVARRE HARDWARE EQUIP PARTS 72-4132-549-91 2S5516 19/67/67 5.18 NAVARRE HARDWARE EQUIP PARTS 73-1E32-569-92 205519 16/07/07 10 18 NAVARRE HARDWARE EQUIP PARTS 71-6232-590-93 361 10 7 1987 CITY OP n" NO CNECN NO 28SSS9 10/07/67 2Bssst 10/Ol/N te5559 10/OLO> eessso 10/O7/47 2e55so 10,07/07 e05SS9 .0107/67 e05559 10/07/67 265559 10/07/O7 285568 10167/87 265566 10/OT/6> e0556B 10/0>/BT eess66 10107/07 265560 10/OT/6T 255566 10/O>/U 2BSSE8 10,07/67 e0556. 10/0>/87 eSSS66 10,07/67 Re556e 10/0>/87 toss's 101OLeT teas's 10/07/07 2B5566 10,07/07 9BSS99 10/0>/81 2K597 10/07/0> 28559> 10/e7/97 2ess97 l0le>/6> e6559> 10/0T1O7 [65597 1010T1e7 COSS9T 10/O7/97 RVSS97 10/07/87 25SS97 10/OTA> R•SS97 10,07/87 Ro559> 10107/67 e65591 1010T/87 e5SS97 t0/071e7 965597 101O7187 10: oval ...... 9SS613 10/07/87 eSS613 10/07/67 PB5621 10107i61 AMOUNT 2H.96 2.1 .0 E 5e as 3> 11 16 1.664,64 787 61 63.BT 3.BS6 53 . CHELM NECISTU wE ITEM DESCRI►TION N1 UTILITIES N UTILI T IE6 NAY UTILITIES NAP UTTLITIE' MAP UTILtTIf M5P UT ILI T I. NSP UTILITIE. NSP UTILITIES 10-19-87 PACE 5 ACCOUNT NO IMV 0 P.O. 0 MESSAGIE 01-43e4-099-17 01-4324-129-31 01-43e4-1T5-34 Ot-43e.-249-4Y 01-4324-990-61 72-4324-549-91 73-43E4-569-92 74-4324-590-93 56 82 MORTHUE TERM BELL TELEPHONE 01-4320-039-12 s. 02 MORTHUEBTERM BELL TELEPHONE 01-4320-OSI-10 2- .1 MORTHUEBIt BELL TELEPHONE 01-4320-069-IS 190 99 NORTHWESTERN BELL TELEPHONE 01-.326-1e9-31 51 BC NORTHWESTERN SELL TELEPHONE 01-4320-174-33 63 91 NOR THY ES TERM BELL TELEPHONE 01-4320-IIS-34 54 82 NORTHWESTERN BELL TELEPHONE 01-4320-e49-42 21 .T NORTHWESTERN BELL TELEPHONE T2-4320-549-91 95 NORTHWESTERN BELL TELEPHONE 72-4320-549-91 . A. NORTHWESTERN BELL TELEPHONE 73-4]20-569-9e 2 20 NORTHWESTERN BELL TELEPHONE 73-4320-569-92 Ito 53 NORTHWESTERN BELL TELEPHONE 74-43EO-590-93 105 40 NORTHWESTERN BELL ADVL>1TISINC 74-4323-590-93 >9B .6 65 97 PUBLIC EMPL NET ASSN PEAR 9/7 TO 9/20 01-4I41-039-IQ 1 33 PUBLIC EMPL RET ASSN PUA 9/7 TO 9/BO 01-4I41-040-13 1 T. PUBLIC ENPL NET ASSN PENA 9/7 TO 9/00 01-4141-059-14 117 57 PUBLIC EMPL NET ASSN PENA 9/7 TO 91e0 01-4141-069-IS T CS 'UBLIC EML SET ASSN PENA 9/T TO 9/fe 01-4141-099-17 1.37S 76 PUBLIC ENPL SET ASSN PENA 9/7 TO 9/20 01d16t-111-31 Si It PUBLIC ENPL MET AS BM RUA 0/7 TO 9/20 01-410-t15-31 483 43 PUBLIC EML BET A0SN RUs 9/T TO 9/e0 01-.1.1-121-31 .TS. 35 PUBLIC EML SET ASSN RUA 9/7 TO 9/20 Ot-4141-126-31 :29 06 PUBLIC EARL AET ASSN RUA 9" TO 9/e0 01-4141-174-33 169 E1 PUBLIC EML MET ASSN PENA 9/7 TO 91e0 01-4141-E49-42 114 57 PUBLIC EML NET ASSN REBA 9/7 TO 9/20 01-4141-290-61 42 92 PUBLIC EARL MET ASSN REBA 9/7 TO 9/20 18-4I41-5.9-91 92 34 PUBLIC STOOL REV ASSN PUA 9/T TO 9/20 T3-4141-569-92 49 57 PUCLIC EML SET ASSN Also 9/7 TO 9/20 74-4141-590-93 3.877 19 • 35 TS PERRYS TRUCK REPAIR RATIO? AUTO 01-4341-1>4-33 3 00 PERRYS TRUCK REPAIR MAIYT AUTO 01-4341-990-61 30 IS 1. 095 00 PHYSICIANS HEALTH HOOP INS VCT 01-3872-000-60 1987 CITY OF DOW CHECK NO DATE ess621 10/07/67 20562, 10/07/87 10/Oqi :Ste: YSfia MVO)/6i 205621 16/47/6? 2ss6el It/0)/8) es56e1 10/67/8) e656el 10/07/67 • 205621 10/67/67 285621 10/0i187 2s5626 10/O)/9) ess6ee l0/OT/e) ess6ee 09/oi/eT • essbze 19/47/e7 ess6ee 1e/97n+ 2ss6es 10/07/67 • Ys56E lenV18] 285t26 f0/0)/6T 285628 10/07/07 • teS6ee 16/0)/8) ee562e l0/O)/8) YB5628 f0/0l/a • 2B562e 10/ovn zascea i6/ovn o SS643 10/4716? ES5643 10107167 205643 1010i187 • 205643 10,07/67 e O56.3 16/0)/67 2e5643 14/07/s9 • es56i5 10Y09/67 • 29569, 10107ie7 east), 10/07/e1 2eSt96 :0103i97 CHECK REGISTER AMOUNT VENDOR ITEM DESCRIPTION 602.SO PHYSICIANS HEALTH MOSP INS OCT 270.55 PHYSICIANS HEALTH MOSP INS OCT 104 55 PHYSICIANS HEALTH MOSP INS OCT 434.75 PHYSICIANS HEALTH MOSP INS OCT e T9. 92 PHYSICIANS HEALTH NOW INS OC1 270. 55 PHYSICIANS WEALTH HOST INS OCT 664 00 PHYSICIANS HEALTH HOOP INS OCT 104 55 PHYSICIANS HEALTH MOSP INS OCT 41.SO PHYSICIANS HEALTH MOSP INS OCT 62 73 PHYSICIANS HEALTH MOM INS OCT ...)1 Ss 10-12-67 PACE 6 ACCOUNT NO. INV. 0 P.O. 0 NESSUS 01-4151-039-12 01-4I51-069-15 01-6151-121-31 01-6151-1e6-31 01-051-leg-31 01-4151-174-33 61-4ISI-249-02 01-0151-290-61 72-4151-549-91 73-4ISI-569-92 8.5 AS POPHAM MAIN O ASSOC LEGAL RETAIN JULY 01-4301-000-I6 7.334.SJ POPHAM MAIN t ASSOC LEGAL COUNT JULY 01-030E-080-16 4.0s1 40 POPHAM MAIN t ASSOC LEGAL CONSULT JULY 01-4303-080-16 140 of POPHAM MAIN 6 A380C LEGAL CONSULT JULY 01-4303-le9-31 el Do POPHAM MAIN t ASSOC LEGAL CONSULT JULY 01-4303-174-33 1,157 T. POPHAM MAIN 6 ASSOC LEGAL CONSULT JULY 01-4303-840-71 e24 94 POIHM aA1N ♦ ABEOC LEGAL CONSULT JULY 24-4399-001-00 19 60 POPXAM MAIN t AS80C LEGAL CONSULT JULY 24-4399-402-Ot 644 20 POPMAII MAIN t ASSO• LEGAL CONSULT JULY 24-4399-005-00 1110 F01XJ1 MAIk t ABSL LEGAL CONSULT JULY e.-0399-.11-C: 2e3 95 POIHM MAIN O MB( LEGAL CONSULT JULY E.-.399-U¢-40 166 OS PO(NM MAIN 6 ADSO LEGAL CONSULT ]MY 24-.3f9-.13-6+ ,.1 10 PfpHM MAIN t A8SO LEGAL CONSULT JULY e5-.301-.3l-W .9 00 YOP." M.IN 6 ASSOC LEGAL CONSULT JULY 74-4303-590-R3 15.e92 C6 5 40 PRUDENTIAL LIFE INS OCT 01-4151-249—Q 2 S. PRUDENTIAL LIFE INS OCT 01-4IS¢-039-le 11 61 PR-JOENTIAL LIFE INS OCT 01-115E-069-IS 8 80 PRUDENTIAL LIFE INS OCT 01-415E-1E6 31 42 00 PRUDENTIAL LIFE INS OCT 01-4I52-129-31 2 40 PRUDENTIAL LIFE INS OCT 01-41SE-174-33 92 TS 31119 86 ROLLINS OIL CO GASOLINE O1-IE60-000-00 3.938 06 414 00 SATEL•ITE IND INC EQUV RENTAL O1-4331-290-61 6f 00 SATELLITE IND INC EQUIP RENTAL 74-4331-590-93 .83 •0 1,023 >S SENIOR COM11 SERVICES .TM SYR SENIORS 01-0385-100-21 1,023 ]5 ....CNS G 1907 CITY OF CROWD CHECK REGISTER 10-12-87 PACE T CHECK NO DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV. R P.O. 0 MESSAGE V .. e85T1♦ '0107/97 ISO 00 OEPT/PUBLIC SAFETY RENTAL BCA COMP 61-4e10-te9-31 I50 00 • V. •••••• ...-CN9 e05721 10107167 3.999 67 STATE MEASURER ST SURCHARGE SEPT of-eeee-000-00 1,99^ B] • •••••• ...-CIt9 285740 $0107187 23 35 STRETCHERS EQUIP PARTS 01-000-129-31 2] ]5 • «.•.• ...-CN9 285T67 10/67/07 5o1 e0 TURF SUPPI- CO 11AINT SUPPL 74-4e31-590-97 S01 60 • ...... ...-CN9 i eS5796 10/OT/O 92 90 UNIFORMS UNLIMITED CLOTHING 6 EQUIP 00-02el-lel-31 295796 16107/97 104 05 UNIFORMS UNLIMITED CLOTHING 6 EQUIP 01-02e1-1e6-II 295996 10/07/07 16% AS UNIFORMS UNLIMITED CLOTHING G EQUIP 01-42el-le9-31 285991 10/07.b7 ]T 95 UNIFORMS UNLIMITED RESERVE E%P 01-0]98-177-]0 .0A 75 u«u .••-CNS 28SO14 10/07/07 ]] 42 US VEST CELLULAR INC TELEPHONE 11-4]20-1e9-]1 0] .2 u•u• ....CMS I 295B17 10/0'/87 1B0 SO VESSCO INC MAINT WATER PLANT 12-9345-549-91 168 50 to ••.... .-CAS e05e.1 10,07107 34'_ 50 WATER PRODUCTS CO MATT 105 01-4343-e90-61 A] 50 ...... ....CNS 905675 10/07/07 12 .2 V1I IGHT HENN ELECTRIC UTILITIES 01-0324-299-41! + 12 A2 •••..• ...-CNS • Q05901 10/07187 I4,794 00 MROMER CO GANG MOVER 74-4560-590-91 I.,T9. 00 • e65902 IB/OLS] 10 70 ERPRESU Mra SENDER POSTAGE 01-.121-0]9-IE 1947 CITY OF MONO CHECK A10 OA-C 205903 10/47/87 205904 10107187 2PS90S ./07/07 2GS906 10/07/87 20590" 10/O7'91 255900 10/07/07 ESS909 101OT187 20 110 10/0710T 285,11 10107/07 QP911 10:07191 C059.1 10/07187 205911 eAs", 10/CT/87 2107/OT AMOUNT 10 TO 215 00 215 00 42 40 A2 40 31 9' 31 97 14 95 14 95 . 22 78 22 IS 15,734 T2 15, T3A 72 9 34 9 34 37 90 37 90 90 91 90 91 98 91 69 24 120 se 494 55 12T. 25S 1R. Tn 02 u 1.351 RA -9A IS 2,A16 99 17,S30 09 11.796 26 IRA,AA2 08 CHECK REGISTER 10-le-ST PACE' B WORDS ITEM DESCRIPTION ACCOUNT NO INV. 0 P.0 0 MESSAGE SUMMONER DOUG TOARIADALE FLOWER BROUNINC GREAT PRINTS KNOTT MARY JO KIND WASTE CONTROL TOMCZYM MARK CITY OF EDEN PRAIRIE RETAIL DATA SYS MINN RETAIL DATA SYS MINN RETAIL DATA SYS HIM RETAIL DATA SYS KIMM RETAIL DATA SYS HIM FUND 91 TOTAL FIX .3 TOTAL FURL eA TOTAL FUND CS TOTAL FUND TB TOTAL FUND 73 TOTAL FUND TA TOTAL TOTAL RFD COMO USE 61186 01-3033-000-00 MEETING EXPENSE 01-4382-129-31 MAINT MISC EQUIP 74-4342-590-93 OFFICE SUPPLIES 61-4210-129-31 HGEACE O1-4381-174-33 OCT SERVICE 73-1982-000-00 MEETING 01-4356-129-31 MEETINGS 01-4356-039-12 CASH REG ART 9/16,88 01-4340-039-12 CASH REG ART 9/16/80 01-4340-069-15 CASH REG MAY 9116188 01-+340-171-33 CASH REG MNT 9/16/89 72-4340-S49-91 CASH REG NMI 9/16/88 73-4340-S69-9e GENERAL FUND HURIC STATE AT. CONS FUN PERM IMPROVE REVOLVING F 1985 IMPROVEMENT FUND WATE9 OPERATING FUND SEWER OPERATING FUND GOLF COURSE OPERATING FO .... CKS C'Ckk PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) 4. S. 1. 1' _� 7. 8. 9. 0. 1. 2. 3. 4. 5. 7. 9._- 0. I n-wfO ran a-1- i o1A IE 4-e-, f voi s COIL�1 �l i 1 �l r{U14tlt N[Zjt*i; O OCT 12t%7 P14 ^F i i,3 [7SEP91987 1 fu ,:nnesota Pollution Control Agency CERTIFIED MAIL RETURN RrCEIPT REQUESTED SEP 2 5 1987 Mr. William Wear 2160 Wayzata Boulevard P.O. Box 306 Long Lake, Minnesota 55356 Dear Mr. Wear: Re: Petroleum Storage Tank Release Investigation and Corrective Action Site: Little Oak Food Market, Orono, Minnesota Site ID t: LEAK000000147 The Minnesota Pollution Control Agency (MPCA) has reason to believe that a release of petroleum has occurred from storage tank facilities for which you are responsible. The first report of the release was made to MPCA staff on April 1, IP37. The tank facilities are located at 2160 Wayzata Boulevard Orono, Minnesota Federal and State laws require that persons responsible for storage tank releases notify '.he MPCA of the release, investigate the extent of the threat to public health, welfare or the environment caused by the release and take actions needed to Insure that the release is cleaned up and the public health, welfare or the environment protected. We are aware an initial investigation has occurred, however, no data has been forwarded to the MPCA. The MPCA needs a cofmtittment from you, in the form of an agreement to proceed with the necessary corrective action, to resolve the problem at your facility. In addition, the Petroleum Tank Release Cleanup Act requires that a person owning or operating a tank at any time during or after a release furnish to the MPCA Commissioner any information that person may have or may redsonai)ly obtain that relev,'nr ' the release. Phone 520 Lafayette Roa 1, St Paul, Minnesota 55155 RepiunAl Oflit;e% • l.akea/Ma1!,lra11/fA1)( hewter Equal 0opr)itunrly t rnprnver Mr. William Weer Page Two CEP 2 1-�1 Enclosed please find the followirg: - Pgreement to Proceed - "Contents of a Petroleum Tank Release Investigation Report" You are asked to sign the enclosed Agreement to Proceed by September 30, 1987. If you do sign the agreement and remain in compliance with its terms: - your willingness to proceed will be documented. - the MPCA will not issue a formal order to you to undertake the required investigation. - the MPCA will not take the required investigation itself, and will not seek to recover its investigative costs from you by legal action. - the MPCA will review your plans and reports and will comment on your recommended investigations. We may suggest or require changes to ensure adequate investigation :nd corrective action. If you do not sign the enclosed Agreement to Proceed: - the Commissioner of the MPCA may formally 3rder you to take the required actione. Failure to comply with a formal order is a violation of State law. - the MPCA may take t.h,, required actions itself and recover the costs from you through lf;;al action commenced by the Attorney General. - the MPCA may request the Attorney General to commence a legal action to compel you to take the ri iuired actions. As you review the Agreement to Proceee ith your attorney and consultant you may wish to propose minor modifications to the `-*.A Project Leader. Any such modifications shall not be effec'_ive until accepted by the MPCA Project Leader. Please note that Part I of the ("Minimum Contents statement") poses a number of questions regarding your facility. You should answer these questions in regard to 2140 and 2160 Wayzata Boulevard and send the required information to the project leader for your site, no later than 15 working days after your receipt of this letter. Nothing prohibits you from taking investigative or corrective actions more quickly than is required by the Agreement to Proceed as long as you are in compliance with the notification requirements of paragraph II of the Agreement. Nothing prohibits you from exceeding the requirements for investigations anJ correc- tive actions described by the enclosed. The MPCA may require additional investigation, corrections or information regarding the site, if the information generated by the Remedial Investigation or new infor- mation from another source indicates that additional work is needed. Mr. William Wear Page Three The MPCA project leader for your site is David Dally. You can reach this project leader by telephone at 612/296-8572. Correspondence should be addressed to: David Dally Minnesota Pollution Control Agency Tanks and Spills Section Hazardous Waste Division 520 Lafayette Road North St. Paul, Minnesota 55155 Please feel free to contact the project leader at any time you need information or assistance in these matters. If there are other parties who may bp responsible for the release, please provide their names and current addresses and relevant information to the project leader. Thank you. Sincerely, 06.0ilu L4 David W. Dally Project Leader Tanks and Spills Section Hazardous Waste Division DWD:icj Enclosures cc: Mary Wurzer, City of Long Lake Arlo Van Devegte, City of Long Lake Mark Berhardson, City r' Orono Tom Jacobs, City of 0 o MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1987 ATTENDANCE 7:03 P.M. The Planning Commission meeting was held on the above date with the following members present: Chairman Kelley, Bellows, Cohen, and Hanson. Brown arrived at 7:08 and Taylor arrived at 7:14 P.M. Johnson was absent. The following represented the City staff: Building & Zoning Administrator Mabusth and City Recorder Peterson. Councilmember Callahan was also present. #1197 C. WICKS/W. FERRF.LL/G. COFFIN 3045/3085 WATERTOWN ROAD SUBDIVISION OF A LOT LINE REARRANGEMENT PUBLIC HEARING 7:14--7:17 The Affidavit of Publication and Certificate of Failing was noted. Ward Ferrell, Arlo VandeVegte, and Gordon Coffin were present for this matter. Zoning Administrator Mabusth explained that this application is not actually a lot line rearrangement and the the review involves more of a corrective action to offset incorrect legal desriptions of properties originally created within Auditors Subdivision No. 230. Staff recommends approval of the filing of the corrective survey that would redefine the legal descriptions of Lots 3, 4 and 3 Auditors subdivision No. 230. Mr. Ferrell noted that the disputed property consisted of 33'. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Cohen, to recommend approval per staff recommendation. Motion, Ayes 6, Nays 0. #1201 M. HILBELINK/J. VOGT 320 OLD CRYSTAL BAY ROAD NORTH CLASS III SUBDIVISION - PLAT PUBLIC HEARING 7:35-7:56 The Affidavit of Publication and Certificate of Mailing was noted. John Vogt, Mike Hilbelink, and surveyor Phil Nelson were present for this matter. 1 MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1987 #1201 HILBELINK/)riJGT CONTINUED Zoning Administrator Mabusth explained the revised proposal per the Planning Commission directives from the September 8, 1987 sketch plan review meeting. All lots are now served by interior plat •oads and all lots meet the required lot width at the rear of the required front yard setback line, but Lot 8 is optional. She reviewed the outlots for future development not to be constructed at this time, only as a potential through road if the City deems necessary. In response to Chairman Kelley's question, Zoning Administrator Mabusth stated that criteria considered by the City which may necessitate the *hrough road would be changes in density resulting fry sewer. She noted that the City is not intent on tal g over roads serving areas at 2+ acre densities, whic;, they would have to do if a through road was put in. Phil Nelson explained the contours and soils of the property noting that septic testing has not yet been completed, however, mound systems are anticipated for all lots. Bill Hull, 2445 Woodhaven Drive, stated his main concern is the traffic and safety with many small children in their area if a through road were constructed. He stated he has no objection with the plan as currently proposed. Allen Engleman, 315 Old Crystal Bay Road, voiced concern with damage to the road and bridge from heavy truck traffic from the existing and future deve 1praent. He stated that these trucks are over the: posted weight limit asking what the City intends to do about it. Mr. Engleman was advised to submit photos that he has taken of such %iolators for appropriate staff person to enforce. Scott Goldsmi"Lh, 265 Old Crystal Ba i Road, asked about the drainage from the proposed devel_epment; and will a nine lot plat create a need for a storm sewer. Phil Nelson stated that approximately 95% of the drainage will go to the drainage swale by the railroad tracks. He explained the drainage pattern which is not anticipated to change by the proposed development. Chairman Ke 1 ley asked if a berm along Old Crystal Bay Road was planned. MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1987 #1201 HILBELINR/VOGT CONTINUED Chairman Kelley asked Mr. Nelson if the farm property had any existing draintile currently assisting the drainage that would be disrupted by the development and change the drainage. Phil Nelson stated he was unaware of any existing draintile but would check into it. John Vogt stated that no berm is planned, however, as in the last development, the future property owner may desire a berm. Staff advised applicants that a separate conditional use permit and review would be require:] for any berm. Planning Commission voiced concern with Lot 7 (which is proposed at 6.1 acres) being subdivided in the future. Phil Nelson stated that due to the soils and need to provide primary and alternate septic sites, he is fairly certain Lot 7 could not be subdivided further. Zoning Administrator Mabusth concurred with Mr. Nelson on this point. Chairman Kelley recommended that a covenant be made to prohibit further subdivision of I.ot 7. Bellows voiced major concern with very marginal soils and felt that the soi is should also be tested for suitable building pads. She was not in favor of a subdivision requiring all mound systems stating that these systems are experimental and many have been known to fail. Zoning Administrator Mabusth stated that there is nothing in the platting code that would require soils tests to ensure buildability. Serverely marginal soils have been used to construct homes and that construction of such foundations result in increased construction costs. Chairman Kelley stated that although the City does not require it, he advised applicants for their own interest to consider the marginal soils and possibly have the soils tested for suitable building pads. It was moved by Chairman Kelley, seconded by Hanson, to table this matter and continue the public hearing pending completion of septic testinq. Motion, Ayes 6, Nays 0. MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTE14BER 21, 1987 #1201 HILBELINR/VOGT CONTINUED In response to Bellows' concern, Zoning Administrator Mabusth stated that the City Engineer and MCWD will be reviewing the actual defined wetland area. #643 BRUCE i CAMILLE CURTISS 1920 FAGERNESS POINT ROAD RECONSIDERATION OF VARIANCE APPLICATION Zoning Administrator Mabusth explained the issues involved: 1) Providing a turn -around required as a condition for variances approved by Council on 9/14/81; b) allowing a 6' privacy fence that was constructed without Council approval and according to staff partially in the City right-of-way. Camille Curtiss was present for this matter and contended that they have no objection to installing the turn -around but believed that the City was opposed to the turn -around because it would result in more hardcover. Planning Commission and staff noted that based on the documentation from 1981 provided, the turn -around was required. Planning Commission recommended and Mrs. Curtiss agreed to installing the turn -around. Regarding the remaining issue of the fence, Mrs. Curtiss stated she was unaware that an additional permit was required for the fence and questioned that the fence was partially in the right-of-way. She noted that no further construction has been done on the fence since the City's stop work order posted 9/11/86, but it is essentially completed. She submitted a petition from her neighbors stating they have no objection to the fence. She stated that the fence is needed for the safety of children. Zoning Administrator Mabusth noted that in the 1981 review, the narrow depth of the lot and minimal grassed yard area was discussed. There was no discussion of a fence found in the review of that application but it is applicable in the application for reconsideration. Chairman Kelley suggested that a shorter than 6' fence could serve the safety and privacy concerns. It was moved by Chairman Kelley, seconded by Hanson, to table this matter pending an official survey to determine proper fence location. Motion, Ayes 6, Nays 0. MINUTES OP THE PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1987 #1171 LANDMARK CONSTRUCTION INC. 3820 AND 3830 BAYSIDE ROAD CLASS III SUBDIVISION PRELIMINARY SUBDIVISION SECOND REVIEW It was noted by residents present that they never received notification of this matter. Zoning Administrator Mabusch stated that notices were mailed to all property owners on the list submitted by applicant according to the signed Certificate of Mailing. Chairman Kelley noted that no action has been taken on this proposal and the residents till have the opportunity to make comments. Paul Swanson, President of Landmark Construction, was present for this matter. He reviewed his revised proposal which has eliminated the need for a vacation. All three lots will access from a private road. He is asking for riparian access for all three lots, noting that there is approximatley 420 lineal feet of shoreline (including inlet) (approximately 200 lineal feet excluding inlet) for the riparian outlot. Zoning Administrator Mabusth confirmed that septic testing has been completed and acceptable to staff subject to a minor revision to Lot 3 septic location. Paul Swanson stated that the County has approved the j.�posed access. Hazel Anderson and her daughter, Mary Anderson Swenson, 3780 Bayside Road, were present for this matter. Mary Swenson requested clarification driveway location in relation to her mothers' property. Paul Swanson explained that the platted corridor within Lot 1 was 30' wide but that a 12' wide driveway would probably be located further away from the Anderson lot line in order to save trees near the lot line. Mary Swenson also asked about the drainage impact on her mot:)ers' property. Paul Swanson stated that the driveway will act as a natural dam avoiding any drainage onto the Anders property. Steve Gardiner, 3770 Bayside Road, voiced concern with the close proximity of the cu l -de-sac to his property and garage. 5 MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1987 #1171 LANDMARK CONSTRUCTION CONTINUED Paul Swanson explained that the actual paved portion of the cul-de-sac will be 10' from from his garage. There were no other comments from the public and the public hearing was closed. It was moved by Cohen, seconded by Hanson, to recommend approval of the three lot plat subdivision per staff recommendation amending the following conditions: 4. Riparian use of outlot - 2 lots to be served - owners to execute special lot combinations to include limits on use of shared dock (4 slips) and granting of variances as noted. The two riparian lots shall be the choice of the developer. 5. As a condition of granting conditional use permit for Lot 1 for private driveway construction through designate wetlands, owner shall provide plans for road construction for City approval - prior to scheduling subdivision for preliminary approval before the Council. 8. Private road shall serve as sole access to three plat lots and Miner homestead tract to the west. 10. Applicant's site evaluator to either confirm suitable septic area for expansion or provide additional testing to confirm - prior to scheduling application before the Council for preliminary application. Motion, Ayes 5, Nays 1. Brown voted nay because he we s opposed to #4(b) feeling there was little difference between having 2 riparian lots with 4 slips or having 3 riparian lots with 4 slips because the City still maintains control of number of slips. #1177 T. WATERS/J. DENNIS 3055/3061 CASCO POINT ROAD AFTER -THE -FACT CONDITIONAL USE PERMIT SECOND REVIEW Todd & Dori Waters were present for this matter along with Greg Kopischke of Westwood Planning Engineers. Zoning Administrator Mabusth noted that applicant has not submitted a revised plan. She noted that if the swale is approved, a height variance for the structure must be addressed. 6 MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1987 #1177 WATERS CONTINUED Todd Waters wished to express how extremely distressing this situation is and hoped to find a mutually agreeable solution. He noted two issues of consideration: 1. A solution to relieve the normal drainage problem from five acres watershed. 2. Accomplishing the drainage in accorda, with environmentally protecting the lake. He also thanked the City staff for assistance in participating in the Parade of Homes. Greg Kopischke explained the purpose of the proposed swale and the efforts made to cause the least visual and environmental impact. He noted that the existing private 8" pipe for drainage, which was installed in the 1930's, is inadequate even for a normal rainfall. Regarding the hardcover on the property, Todd Waters noted that there is less hardcover now than what previously existed w.th the old house. In response to Chairman Kelley, Zoning Administrator Mabusth stated that the plan has been reviewed by the City Engineer and she verified that the plan would function as proposed. Chairman Kelley voiced his irritation about what has happened on this property and would like to see it put back to its original state knowing that is rilay be unrealistic at this point. He finds it very hard to approve this proposal. Greg Kopischke agreed that this was an unfortunate happening, but believes that the proposal submitted is the best solution to the existing condition i.e. stabilizing the slopes and handling the drainage problems. Bellows felt this situation is inexcusable and is having a hard time approving a solution submitted by an engineer hired by the applicant. Sh felt an alternative solution should be submitted -he City Engineer. Cohen felt approval of the proposal would be setting a precedent. Todd Waters felt there were no other viable alternative plans. It was moved by Cohen, seconded by Bellows, to recommend denial of the after -the -fact conditional use permit as pro,)oaed. M ion, Ayes b, Nays 0. 7 MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTE14BER 21, 1987 #1193 THOMAS HUBER 2615 SHADYWOOD ROAD VARIANCE CONTINUATION OF PUBLIC HEARING 7:05-7:09 Tom Huber and David Kjellsen were present for this matter. Zoning Administrator Mabusth explained the request for a setback variance to install a pool in front of the front line of the house. Reasons being the rear yard towards the south occasionally retains water as close as 60' from the house; and the interior layout of the house would suggest not place the pool at a functionable location. Staff recommends approval based on these hardships. Staff further recommends that a legal combination of the two separate tax parcels be required as a condition of approval. Mabusth noted that all proposed improvements meet the required street setback. It was also noted that this property has two access and staff recommends that these accesses be reviewed by the Public Works Coordinator. There were no comments from the public regarding this matter and the public hearing was closed. Brown asked if the proposed plans would have any visual impact on the neighbors. Mr. Huber stated that the neighbors have seen the plans and have no objections. Zoning Administrator Mabusth noted that this property is heavily screened from the neighboring properties as well as being higher in elevation. It was moved by Chairman Kelley, seconded by Hanson, to recommend approval per staff recommendation and subject to legal combination of the tw- -,Pparate tax parcels; and further recommends that the two accesses be reviewed by the Public Works Coordinator. Motion, Ayes 5, Nays 0. (Taylor was not present to vote on this matter.) #1196 DENNIS McGREEVY 3405 EASTLAKE STREET VARIANCES CONTINUATION OF PUBLIC HEARING 9:30-9:41 Dennis McGreevy was present for this matter. Zoninq Administrator Mabusth explained the request for front setback and side setback variances to construct a three season porch on top of an existinq deck located on a substandard lot. H MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1987 #1196 MCGRERVY CONTINUED Chairmani Kelley explained to the applicant staffs recommendation to table this application until City sewer is available and hooked up to this property because the three season porch would add additional living space creating potential stress to the septic system. Chairman Kelley asked staff the status of the sewer project. Mr. McGreevy stated he is not against sewer, however has heard about an impending sewer project for last 7 years. Zoning Administrator Mabusth stated that staff is in the process of preparing a report analyzing size of lots in relation to ex4 -ting imporvements and available area for septic expansion in addition to an evaluation of each lot's present conformance. The report should be submitted to Council sometime in early winter. She noted that sewer effectively could be called and ordered within a year. Chairman Kelley felt three years from now would be a more realistic projection. It was determined that the existing deck has been inspected and consisted of 42" frost footings. However, it is unknown if the existing deck could support the proposed 3-season porch. In response to Chairman Kelley's question, Mr. McGreevy stated he currently has a shed, no garage, and has no plans to build a garage. In addition, the 3-season porch will not be heated and the addition will be in li- with the adjacent homes. 11� : stated that in an analysis of substandard lots and realistically considering appropriate uses of the properties and maintaining a certain degree of consistency among the properties, he felt the proposal was appropriate in relation to the adjacent homes. There were no comments from the public and the public hearing wa-; closed. It was moved by Brown, seconded by Cohen, to rs:commend approval front setback and side setback variances to construct a three season porch on top of an existing deck lcjca;ed on a substandard lot based on the rationale of Commissioner Taylor's statement. Motion, Ayes 6, Na}-i 4 MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1987 #1198 DAVID WM. RAHN 1134 WILDUURST TRAIL VARIANCE PUBLIC HEARING 9:42-9:51 The Affidavit of Publication and Certificate of Mailing was noted. David Rahn and his father Lyle Rahn, 1146 Wildhurst Trail, were present for this matter. Zoning Administrator Mabusth explained the request for a setback variance to construct a 241x 20' de':ached garage 12' in front of the front line of the house. Steep topography and 11 location prohibit locating the garage elsewhere on - - p --)perty. Bellows suggested a tandem 4 car garage which would decrease the setback variance needed. David Rahn felt a tandem garage would be impractical for his purposes and still would require a setback variance. There were no comments from the public regarding this matter and the public hearing was closed. Taylor felt that if a setback variance would be necessary in either case, the most practical alternative to the owner should be considered. It was moved by Chairman Kelley, seconded by Bellows, to recommend approval of a 23' setback variance per staff recommendation. Motion, Ayes 6, Nays 0. #1199 RICHARD i GAY BELLY 425 OXFORD ROAD VARIANCE PUBLIC NEARING 9:52-10:06 The rffidavit of Publication and Certificate of Mailing was noted. Richard & Gay Kelly were present for this matter. Zoning Administrator Mabusth explained the request for an average lakeshore setback variance to construct a new residence. Staff feels that a 70' encroachment in front of an average setback line is severe and finds no hardship to support the varianc-. therefore, recommends that the proposed residence be i ed back. Mr. Kelly stated that moving the house back would require removal of mature trees. 10 MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTF1 BER 21, 1987 #1199 BELLY CONTINUED Bellows felt that the trees in question should be verified on the survey. Chairman Kelly noted that all structure i.e. decks should be included '.n the footprint on the survey. He also explained to applicant the purpose of the average lakeshore setback to avoid the "creeping" of structure in the la'-eshore area. Regarding the septic testing, Mr. Kelly stated that they anticipate a mound system, and would like to submit the testing & design information with the building permit application. Staff advised that septic testing should be ordered as soon as house location is determined and that it would appear from location of test site thf4t addiitional testing will be necessary. There were no comments from the public. It was moved by Chairman Kelley, seconded by Cohen, to table this application pending additional information on the survey. Motion, Ayes 6, Nays 0. #1200 THOMAS SCHERBER 1820 SHADYWOOD ROAD VARIANCE PUBLIC HUARING 7:16-7:23 The Affidavit of Publication and Certificate of Mailing was noted. Zoning Administrator Mabusth explained the request for a hardcover variance to build a 6'x 14' second story deck from the the existing sliding doors extending off the master bedroom. Applicant expressed concern with the safety issue of this situation. Applicant proposes to remove a 200 s.f. concrete slab and construct a 84 s.f. deck which would mean a net decrease of 116 s.f. in hardcover in the 75-250' zone. No hardcover changes proposed in the 0-75' and 250-500' zones. Thomas Sc'.nerber was present for this matter and stated that the sliding doors were already in placed when he purchased the house in August, 1986. Chairman Kelley asked if applicant intended to connect the proposed deck across to the other deck. Mr. Scherber stated that at this time, he had no intenticn of connecting decks. 11 MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1967 #1200 SCHERBER CONTINUED Ther were no comments from the public regarding this matter and the public hearing was closed. Hanson asked if applicant would be content with only a 6' wide deck which, to Hanson, seemed fairly unuseable. Mr. Scherber stated the proposed size was adequate. Bellows noted that the Planning Commission did not have to approve construction of a deck merely because "somebody" installed a sliding door. She noted the option of a New Orleans balcony which is essentially a protective rail for the sliding doors. It was moved by Chairman Kelley, seconded by Bellows, to recommend approval as proposed per staff recommendation, and subject to remove 1 of the concrete slab prior to final inspection of the deck. Motion, Ayes 6, Nays 0. #1202 PAUL SCHUELLER 1280 SPRUCE PLACE VARIANCE PUBLIC HEARING 7:24-7:30 The Affidavit of Publication and Certificate of Mailing was noted. Paul and Susan Schueller were present for this matter. Zoning Administrator Mabusth explained the request for a front setback variance and hardcover variance to construct a 24'x 40' detached garage 3' f rom the side lot line and increasing the 75-250' hardcover by 1,291 s.f. Applicant currently has no garage and needs storage area. The existing sewer line prohibit an alternative location in addition to the 50' wide lot which prevents access to the garage doors from the side. Chairman Kelley felt there was a definite need for a garage but the proposed size of garage was not appropriate for this lot. Bellows agreed that the proposed size of garage was inappropriate for the neighborhood. Brown agreed with Kelley and Bellows. Mr. Schueller stated he had many items to be stored including a boat. Zoning Administrator Mabusth not,'-d that applicant have tried, unsuccessfully, to acqui t.. additional property. 12 MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1987 #1202 SCHUELLER CONTINUED Chairman Kelley read into the record a letter of non - objection from neighbor Jeffrey Page, 1300 Spruce Place. It was noted that an average double garage size is 24'x 24'. There were no comments from the public regarding this matter and the public hearing was closed. Based on the Planning Commissions comments, Chaiiman Kelley asked applicant if he would like a recommendation of his proposal as submitted, or a recommendation based on a smaller 24'x 24' garage. Mr. Schueller asked Planning Commission to act on the proposal for a 24'x 24' garage. .T.t was moved by Chairman Kelley, seconded by Taylor, to recommend approval of variances to construct a 24'x 249 garage per staff recommendation. Motion, Ayes 6, Nays 0. Hanson noted that applicant could obtain additional storage in the attic of garage. Mrs. Schueller also noted that due to the topography, a stall for boat storage may be accomodated with a basement in the proposed garage. APPROVAL OF MINUTES It was moved by Cohen, seconded by Hanson, to approve the Minutes of the September 8,1987 Planning Commission meeting as submitted. Motion, Ayes 4, Nays 0, Abstentions 2. Chairman Kelley and Taylor abstained because they did not attend that meeting. PLANNING COMMISSION REPRESENTATIVE Taylor was appointed to attend the October 12, 1987 Council meeting. ADJOURNMENT 10:08 P.M. The Planning Commission meeting adjourned at 10:08 P.M. 13 TRANSPORTATION FORUM REGISTRATION NOVEMBER 5, 1987 Edina Community Center 5701 Normandale Road, Edina ";t�,r;E ORGANIZATION ^L,.._S -�D CITY _ ZIP ;� PH;;7- REGISTRATION FEE (Lunch included) $6.00 _ Mck-o, check payable to South Hennepin Hunan Services Council. Scnd registration to the following address by OCTOBER 26: South Hennepin Human Services Council 9801 Penn Avenue South #106 Bloomington, MN. 55431 SOUTH HENNEPIN HUMAN SERVICES COUNCIL prosonts TRANSPORTATION FUTURE CHOICES AND CHALLENGE c NOVEMBER S 9:80 - �:�• EDINA COMMUNITY CENTER 6701 NORMANDALE ROAD, EDINA VIRECTIONS: Htgituxtrj loo & Soth Staeet,'Ve•tnon exit. Ca South on the mt Rtontage Road to Sioi Nctwndate Road, a!hiCh is the old Edina Caet High Sehoot. KEYNOTE SPEECH: "Present & future Transportation for Elderly and Disabled' DOUGLAS DIFFERT, Deputy Cormissioner Minnesota Department of Transportation MORNING PAIILL: "Public Transportation - Mhr-e Responsibility Is It?" SENATOk STEVE "017AK, Transit Subcommittee Chair Senate Transportation Co^mittee GULCIL HAGLDORN, Hi!nr:epi,: County L,ffice of Plarmng and Development r i'.IEP`_'l�N, 11ay0r (it, rf ide•r. rr:;;rie . r, i-i Spit:.—' ,,'•1t 1�5'o, E(L'. i;J. ',_J. ;pair Geq 101,a l ', , ,.• 1' Bnard h' iERNC+;, ar�ii ' �'r,�•> ��e aap; , . `,N1 V1fr. Metrop;,Iitar, Council u',►tir,l ' ichfiell anal liloomingten I.0it:'t0A PLARSON, City o1 810oa:ir.'tOn Manillwr Of Human 5ery i c , s ejAILY CARL, YLAi i•harcd Transportation Coordinst ,r ,,PACE NELSON, Edina Senir•• f•itizen Advocate it . y �:.! hi ft i�,ttikri `t" •,;.e;q ar.; ,tsfrtr .a14>,'�, !t,• , , RIGI',-,RA'• ,ON FEE - $6.00 1-- person Please fill out enclosed registratior fore} and return ty nCtoi,er it. ;�`•` fh Nonrn±,lr1 W �e CvrVlr,'S rn,nr`i) RHA-Sw30 U IT LY MINUTES OF THE MEETING OF THE SCHOOL BOA I ! 3 OF ORONO INDEPENDENT SCHOOL DISTRICT NO. HELD ON SEPTEMBER 14, 1987 The regular meeting of the School Board f Orono Ingle ndent School District No. 278 was held on Monday, September 14, 1937. Present: Dave McKown John Maresh Thomas Mich Don Anderson Lucie Taylor William Fenholt Kitty Crosby Absent: James Franklin UPON MOTION by Kitty Crosby, seconded by Lucie Taylor, the consent agenda was approved as follows: - approved the minutes of the August 10, 1987 regular meeting; - approved the minutes of the August 24, 1987 special meeting; - approved variance requests for Tom McKeI'ar, grade 12, and Erin Wondra, grade 12, to attend Wayzata High School; for Kathy Davidson, grade 11, to attend Westonka Schools; - approved variance requests for the following students to attend Orono Schools: Kara and Cristina Fraser, grades 4 and 2; Amy and Kristin Peterson, grades 4 and 3; Jeffrey Reigel, grade 6; - approved the appointment of Sarah McDermott as 2nd/3rd grade math/reading teacher at Schumann Elementary; - approved the appointment of Diane Dingmann as part-time physical education teacher at Schumann Elementary, grades 1-3; - approved the appointment of Debby Hertwig as keyboard instructor at the Orono Middle School for one semester; - approved the appointment of Marcia Lillemo as District T;ES Secretary; - approved the appointments of Georgia Hawkinson,, Erika Matzen and Julie Gonsior as short hour kitchen aides; - accepted the resignation of Marie Dubay as a cook at Orono High School; - approved the Activity Fund Annual Report for 1986-87; - approved the Treasurer's Report for June, 1987; - approved the bills as covered by vouchers 056329 through 056470 and 055679 through 055904. Dr. Mich reported that the teacher workshop got off to od ;tart with Dar Whitman's address which was superb; that the school yea. begun very well with enrollment up slightly from what had been projected; that Channel 20 will show a program called "Tonka Topics" on Tuesday, September 15, nosted by Judy Soukup with guests Don Draayer, Superintendent in Minnet,}nka, Jim Smith, Superintendent in Westonka and hi;nself ,iscussing school finance; that the area ministers were invited to a breakfast at the school with administration on September 8; that the referendum informdtion campaign is underway with a special edition of the Newsletter to be mailed out on September 17; tnat Joan lane and Peg Swanson will cochair a vote "yes" campaign for the refererdum,; that Bill Fenholt and he have been Speaking/providing inforrr,atic;, 30. varinus organizations/groups in the community regarding the referendum; that ho.necolaing will be held durin,1 the week of September 21 - 25; that ipprecia:i?n needs to be expressed to all staff/faculty for their contributions in the successful start of the school year. Don Anderson stated that he had enjoyed Dar Whitman's address at the opening workshop and that he wanted to thank all those people who were involved in making the middle school look better. Lucie Taylor stated that she likes the new banner that designates the inter- mediate school. Warren Nelson provided the Board with a sheet of information detailing for them enrollment, financial information, etc. on the summer school program. Mr. Nelson stated that the sheet would provide them with the traditional information on the summer school program and what he wanted to do was to share with them the human side of summer school. He proceeded to provide them with reactions from various individuals (teachers, parents, principal) indicating that it was a worthwhile experience for students/teachers/parents and that all in all it was a successful program. Dr. Mich expressed appreciation to the Board for their encouragement/support in making summer school a reality and also to Warren Nelson for his work/organization of the program. Bill Fenholt provided the Board with information regardi,,g the energy management system and how it will work. He stated that specifications have been mailed to prospective bidcers and that bids will be taken on Se•,tember 22, a recommen- dation for bid acceptance will be made at the next Boari meeting. This project is the final phase of the program under the low interest energy loan. UPON MOTION by Kitty Crosby, seconded by Jon Anderson, the Board of Education will hold a meeting at 8:00 p.m. on October 6, 1987. UPON MOTION by Kitty Crosby, seconded by Lucie Taylor, the Board of Education established the following procedures, polling places, polling hours, and judges for the Referendum Election to be held on October 6, 1987: 1. All ballots will be commercially printed. 2. Polling places shall be open from 7:00 a.m. to 8:00 p.m. 3. The polling places shall be the Maple Plain C,ty Hall, the Orono City Hall, and the Schumann Elementary School. 4. The following shall be judges: Alice McPherson, Carol Strassburg, Evelyn Oi?sen, Marlaine Gabriel, Judy Sutherland, Pat Meyer, ,John Graff, Cher,y Stubbs, Mary Kelley, Sandy Larson, Ruth Eisinger, Ruth Hoffman, _yla Hillstrom, Sharon Mechavich, Donna Roehl, Kenneth Turnham, Pauline Haieau, Wendy Larson. UPON MOTION by Don Anderson, seconded by Lucie Taylor, the meeting was adjourned. i I Ka her'ne Cros y, Clerk Approved: Dave McKown, Chairman '� ,�J►;� . L• �t.1:� ; �.� . � � wit'` �'t'� r; • ;� 10 i tt "WRI 1 SAID NO CA1= Metro boat numbers strain lake capacity by Paul A. Giljc First of two articles As one of Minnesota's husicst boating seasons• perhaps its busi- est. Is coming to an end, finding enough spact. for boaters is becom ing more difficult. If all heats registered in the secen- count) metropolitan area were dis trihuted eveniv tin all lakes in the area. cash boat would have about halt -an- acre of water to itself, which would tie 20 times as crowded as it guideline of 10 acres (('+et boat recommended by the M1tinne.ota Department 4Natural Resource% (DNR ) It all hosts registered in the state were distributed evenly on all Minnesota Likcs.cach boal would h.iyc abhor live acrcsof waici to it Wit. whk It would be c iphi times ,is c towded as a DNR 40 acres per Mat guidelite lot the largest takes in nun nteingttthtan hlmncstua $epomber22, 1907 About 6.50.000 oats arc rcg.is- tcred in Minnesota.orone for every 6 5 residents of the state. a ratio unsurpassed in the nation Michigan and Califomia hasc more boats registered but not as many in proportion it, then popu- lat,ons. according to the National Manne tilanufacturcrs Association Moreover, more hoats are being sold Sales nationalty in I9K 7 e Light rail would ease region's mobility crisis by Andrew Selden Aska silly question and you'll get a uwless answer. The old aphorism characterizes much of what has passed for debate to date about the role of light -rail technology in solving part of the downtown-L' of M access component of the Twin Citics' mubiluy crisis. Misinfomta- tion. fear of the unknown, and ig- norance of the lessons of other cn- ics' cxpcncncc with LRT, arc blocking a clear understanding of a great opportunity here Make no mistake. we do fau a mobility crisis 1-ven as our ro.,ds and bndgcscrumblc.,,eak hour roadway demand is surl:ing. our duwntllwns arc ihoking. auri, oc cupancy rates are dropping. our buses are mcrcasingIN costly and ineffective, and downtown Min- nc•apolts'sdady commuter IxlpuLi Iron, now 105.0W. will aew to 140,000 a day in the next dcc adc N e roust respond might reach 530,000. an all -tine high, according to Rohm Yount. Inv cstmc•nt in nmhility mirastrul dueclor of research for John G turc shouldrcllcet one E+vl c rcai Kinnard & Co , Inc Bahy bv41niers Inh capacity to move people etii like Mats, he said A person c an cicntl% f ranat is part id tlic spend $20.000 for a ttoat that answ ci to that tired, *heir lit ak sleeps lour. much Ica than an in hour dcniand test ioadua\ 1 .ipat vestineni in land and a c ahm, h, it\ and cars and huscs c art t ect Ihr said. Another tat tor. he said. i, that lob done (ndcrd, ti.utsil ..In fit boat loans.uc ao.olahle w nh (l'rnl • %ofite ilic triode is hoit e tot m.im of seven to 10 s can. sotnciulics taps,f .iddtcveil .i, 11.111 "I', i„Lil w iih nothintr down tithan nitd,dtty s%.tctit ant hot, J by I R I 1 ramit tw4:0 not. shoul,l ( ontinucd on Parc )i tint, he resided only .is w rU.0 t MINNESOT A JOURNAL for the disadvantaged. or a last- ditch Idea after roads became gndlockcd- Despite growth in the suburbs, downtown Minneapolis and the U of \1 have the largest single con- centration of traffic in the region. onunued on Page 7 Legislature needs own budget unit hi ILichard.l.11 olicn The I48 7 usston of Nte Minneuma Leaslature demonstrateu in the most graphic way the necd toc%- tahlish a legislative budget office scimi atc from the finance and reve- nu: departments of the executrvc ht.mrh f-+ Ihlnc wtx, would %U99"t that sue h an ollicc is another unne c ded butc.im rat v or is a duplication tit ,in, tistint .cr%it c. I *oukl suggc%t th.d. to the , unitary .rich an ,ilfivc will finally pro,tdc *hat the I egis Limic has hiked the .thihty li• dc.il .is .m ryual hi mt h of Lt,% C4tiitititictltin [',fee J Rail Continued from Page I with flow and demographic char- actcristics perfectly suited to tran- sit, especially LRT, solutions. Why LRT? its capital cost is roughly one -eighth that of equi- valcnt roadway capacity. Com- pared with 1-394, LRT would cost 25 percent of the capital cost but deliver nearly twice the peak -hour carrying capacity. LRT is far less costly to operate and maintain per passenger and per passenger- in i le than equivalent bus transit. Unlike any other available transit tech- nology or technique, it draws large numbers of travelers out of their cars and sharply reduces the number of motor vehicles entering the downtowns and U of M cam- pus. Unlike 1- 394 or other rebuilt freeways, it soh -es mobility con- straints by absorbing aMforesee- able growth. It can be built wholly within existing rights of way, de- stroying m) homes a businesses. It is a widely proven, available, off - the -shelf technology. It is immune to bad w inter weather. It could ac- tually release highway funds to other needs and uses, and its cost effectiveness will reduce total NITC subsidy needs. Although one would never know it from Citizens League studies (the latest of which didn't even look at any of the many operating LRT systems in the western U. S. and Canada, never mind those in Eu- rope and Australia), we no longer need debate LRT in a vacuum, or rely on abstract theories. The growing body of empirical evi- dence from 12 lines built in seven cities since 1978 is that LRT has highly consistent, reliably predic- table costs, ridership, operating re- sults and auto diversion. Here, as examples, arc performance figures for six, if ihu .c cities and eight lines Miles ilne Avg. Daily Length Ridership kdmonton 6.q 24,000 San Diego, south 16.0 18A(X) Por'land 16.0 21,000 (Po -tland. Saturday 23.000) Calgary, south 7.5 40,000 Calpry, ncmheast 50 20.0(X) Huftalu 60 2I.NotI %at tarneflio, c.i.t 9.0 90N► San I )oefit, cast 10 4,2(KI MA &OUS The last two require this footnote: Sacramento has yet to integrate its bus system with LRT and chose a slow, circuitous downtown ap- proach alignment rather than a fast freeway or railroad right of way. San Diego's east line reaches a close- in, economically disads•an- taged area, but is being extended t i miles to a suburban, auto -de- pendent markei that will cause its ridership to blossom. In both cases, three -car, rush-hour trains arc at full capacity now. But raw ridership levels are much less relevant than the compositit,n of the ridership. oy designing the system to penetrate auto -oriented markets, on preferential route alignments and rights of way ( like Hennepin County's Southwest Corridor), and to penetrate the very heart of the central business district, an LRT trunk line, proper- ly supported by feeder transit, parking and dropoff capacity. will divert large numbers oftrips from autos to transit. That is a consist- ently proven fact, not a theory. Early on -board surveys in Calgary and San Diego showed that he- tween 20 and 30 percent of LRT riders are former car drivers. That diversion is further substantiated by observed growth of 30 to 50 percent in total transit use upon the commencement of LRT in virtual - ly every case. The Twin Citiescompares favor- abls with these other cities in demo- graphics, densities, commuter populations, trip lengths, flow alignments and growth in demand. Indeed, Minneapolis's daily CBD commuter flow ismuch 6uiYrthan am of the the LRT cities cited above. Portland, Calgary and San Diego have CBD% roughly the sore of St Paul's San Diego in 1981 had a downtown ccm niv, _u_ Iatitinof Just t5,(t(I()and AW department store. it is also worth noting that each LRT condor in the Twin Citieswill eliminate more than 100 diesel bus entries to the CBD per rush hour, as well as 7.000 to 10,000 car trips daily in the congested areas of each corri- dor. LRT feeder buses provide use- ful crosstown and intrasuburban services without additional cost as an incremental value to their LRT trunk -feeder role. Where and how should LRT be deployed in the Twin Cities? There is no one "right" answer. If we follow the model of other cities with successful LRT. like San Diego and Calgary, we will go first with the corridor that is the cheap- •:st, easiest and quickest to devel- op, which here is the Hennepin County Southwest Corridor. That corridor will also have one of the highest rates of auto diversion to transit. If we seek instead high gross ridership numbers and alle- viation of diesel bus operating cost and am willing to pay higher capi- tal costs and endure more disrup- tive engineering and construction, we will turn first to the University Avenue Corridor. if we seek in- stead to minimize loss of homes and businesses to avoidahle, costly new freeway construction, we might look first to the I.35 W South Corridor, where LRT whol- ly within the existing freeway right of way would more than double the peak -hour carrying capacity of that corridor The ultimate objective is a region- al plan to maximize the efficient flow of people in the most con- gcstedamas Within that Contevt, any of the major candidate corn dory is a good choice, it impic merited properly Hennepin County is a iogocat place to begin Ixcausc fully five-mitthsof tltc re- goonal systcon *oil he within Hen- ncpon County and serve its needs Henna County Southwest Cor- ridorLkt I idership projections, developed using an Urban Mass Transportion Administration model, arc unrealistically low. This is the same model that under- estimated Portland's ridership by 62 percent. The model projects Southwest Corridor ridership at 17,000. That, however, is really nothing more than currant bus rid- ership in that market. If LRT cap- tures the same auto diversion as other cities, that will add another 5,000. And if the line reaches the U of M West Bank, that will add another 6,000 riders, for a total of roughly 28,000, a more than ade- quate performance by any mea- sure. The alternatives, such as a Southwest Diagonal freeway, are almost unthinkable. Carpooling can never approach these results due to its inherent technological and behavioral lim- itations. The usefulness of a transit system and therefore its ability to perform are largely a function of its main size --that is, the number of origin-destin,iiion pairs served - multiplied by roughly the square of its frequencies. An LRT-anchored transit network with perpendiculai feeder routes has a huge mat and high frequencies(five to seven minutes peak, 15 minutes off- peak). A carpool has almost no matrix size at all, and precisely one daily frequency. Its utility there- fore is almost nil. The vast majori- ty (over 70 percent) of today's "carpools" in fact are pert ho share a common househ ich is fine as far as it goes, but, , its nature, can never appeal to a large enough cross-section of the com- munity to alleviate today's road- way congestion, much less deal with the 40,000 moredaily com- muters traveling into the Minnea- poh% CBD by 1999. LRT is an adapti we, -iser-friendly, cost-effective, thoroughly proven transit technology. it is available from established competitive, proven vendors. It works well in every intelligent deployment where it has been tried —in lieu of freeways in Edmonton, Calgary, Portland and Sacramento, and akin +side freeways in San Diego, San J� c. Los Angeles, and (for pari of its route) in P(wiland. It is coviipatible with qu+i: t low -density netghhorhoodenvironments It is an appropriate component of our regional mobility infrastructure. I►ahei+'.Sr&fro unumirmN isith /fn�i c um! Alcrr{srri o t hainrian of rlrr('tf1_rnr InJILWr.4tram Ctrrnnulnr' Sey1wriber 2.'� t M7 IMOSCOOTA JOLO N & Boats Continued from Page I Only a small percentage of all toat%arc in u%c at the same time Nevertheless, serious crowding problems exist. Lakes in heaviest use in the metro- politan area on an average summer weekend are Lake Min- netonka, about 10 acres per boat, Prior Lake, about nine acres per boat, and Lake St. Croix, about seven acres per boat, according to the DNR and the Minnesota -Wis- consin Boundary Area Commission. Usage is even higher on the busiest day. For example, on the busiest day Lake Minnetonka averaes seven acres per boat; Prior Lake, seven acres per boat, and lake St. Croix, six acres per boat. Some parts of Lake Minnetonka show a ratio of one boat for every one- hall acre, according to the DNR. Each lake is treated separately from all others. No such concept as a "system" of lakes exists. What this means, therefore, is that all types of watercraft and all types of water recreation are allowable on most lakes. Sailors, waterskiers, speedboaters and anglers pursue their endeavors side by side. The seven -county metropolitan area has 650lakes. Should all lakes he available for all types of recreation at all times? Or should some lakes be reserved for power boats and others for sail boats? And others for fishing boats? And others for canoes? Some for water- skiing? Some for swimming.' Some for wind -surfing? Should pans of lakes be set aside for some purposes and not others? Should uses be hatted to.crtam times of the day, such as %%aterski- ing before noon? The ONR leave% the initiative for spectt;: regulations such as %peed limits anu allowable types of water- craft to counties, cities and, for Lake Minnetonka and White Bear Lake, special units of government created for controllingactivity on the surface of the lake% Local reg- ulation% are subject to DNR approval The DNR would support kxal go. vernment%• luritimp entire lakes for certain purptlse%so long as the %arse poll. ies applied to all lake u%crs. irrc%fw.live of where they launch their boats, said Kathleen Wallace, metropolitan coordinator for the DNR. "County lakes must be managed as a single recreational system," said a 1973 report on Ramsey County lakes prepared by the Cen- ter for Urban and Regional Affairs at the University of Minnesota for the DNR. "Goals must relate to the overall system, not to individual lakes ... All lakes cannot be used for all activities. Some lakes should be regulated for specific uses." The report, prepared by Kr. ith Wictecki and George Oming, never was implemented. Another factor —the state's efforts to provide more places where members of the public can launch their boats —makes the question of regulating lake surfaces more important. A total of 1,433 additional re- served parking spaces for cars with boat trailers is needed at some 49 lakes in the seven -county metro- politan area, according to a 1987 report of the DNR's Metro Water Access Task Force. Of this number, some 400 are needed at Lake Minnetonka, according to the report. Robert Rascop, mayor of Short wood and chairman of the Lake Minnetonka Conservation Distr ct (LMCD ), a multi-commurity goo• cmmental unit that regulates use on the lake, disagrees with the DNR's method of identifying qual- ified public access parking spaces. Cars with boat trailers are legally allowed to park along county highways near public access points. However, the DNR won't allow those spaces to be counted. Rascop said, because they aren't reserved exclusively for cars with trailers. I. MC D standards support the DNR approach but Rascop said the standards no longer are workable because Hennepin County has refused to allow park ing on county highways to be set aside exclusively for car -traders The city of Mound maintains some 400 public decks, but they aren't counted bs the DNR because only Mound residents are allowed to u%c them. Mound residents Fa} he tween t85 and S 160 a year to mocrtxiat%atthe rublicdocks All spaces arc filled Fox a fee of $30 a rear the ctt% ot Minnetonka Peach provitk% at, cess to mcupanl%of mime 70 hones that arc not kicated iNn the lake. Those sites, too, would not count as public access. Providing more public access to Lake Minnetonka is a long-stand- ing controversy. A new site opened in 1987 at King's Point in Minne- trista, which might be temporary or permanent depending upon what kind of access develops if a new regional park is established on Lake Minnetonka as authorized by the 1987 Legislature. Minnetrista city officials have opposed the King's Point launch and the size of the proposed park. Perhaps contrary to popular opin- ion, public access boating doesn't cause most of the traffic on Lake Minnetonka. Most of the traffic on Lake Minnetonka (48 percent of the boat- ;iuuison a typical week- end dry in 1986) were boats launched from marinas; another 36 percent were from private homes on the lake, and 16 percent from public access points, accord- ing to a consultant's repon for the LMCD. A mooring space on Lake Minne- tonka is highly prized. Marinas have waiting lists for boats and charge annual fees running $1,500 or more. Lakeshore owners are guaranteed the right to put up docks for their own boats. Some I•ikeshorc residents probably rent mooring space to others illegally, according to Rascop. Paitl A. Gdje is asmciate dint-torof flee Cttvxns League. Minnesota Journal Citizens League Suite 500 708 S. Third St. Minneapolis, MN 55415 City noise, litter cited l•rninMuineap iltsHymentoners 198 7, Minnc apol s Panning Department. Fully 95 percent of honieowning hou%cholJs view their neighbor- hoods as "Good" or "Fair." 60 percent consider their neighbor- hood% "Good." Gains ate seen in scattered locations, principally in neighborhoods near the lakes, near the University, south of downtown, and in portions of Northeast and Nokomis communities. Decline is seen in portions of Camden, Near North and Northeast communities, as well as along part of the I- 35 W corridor in south Minneapolis, and near the airport. Regard!ng neighborhood livabili- ty, the survey asks, "Which of the following most needs attention in your neighborhood)"... "Noise," "Tra%li and litter in streets and al- levs. "'Loose animals. "'Unkempt yards." and "Vandalism/graffiti" top the list of neighborhood con- cem%. Homeowner con.cmi .tbout generally more serious condit►on%. including "Run-down buildings" and Vandalism/graffiti, ' appear greatest in neighborhoods nearer the center cif the city. When asked, "Which of the fol- lowing most needs attention i' s: the Mi^ncapolis Puhr;: Schools, city homeowners wit:. children in the public schools most often ans- wered "Reduce class size." 1.)• Bevrvhar-ds:,r, Gonerai h"t ` I Inc. 17, n. F.-v 211 SECOND CLASS POSTAGE PAID AT MINNEAPOLIS MINNESOTA MINNESOTA JOUHNAL $ewfntk'r .':'. I SW 7