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HomeMy WebLinkAbout02-26-2001 Council PacketPUBLIC ATTENDANCE MEETING DATE .7- ;2 b C COUNCIL PLANNING COMMISSION ❑ PARK COMMISSION ❑ OTHER PRESENT FOR (from agenda) NAME (please print) ADDRESS PLEASE FILL OUTTHEINFORMATIONREQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER 11'G I - goo �;4 cr-n M S.- ' " F. SiN /.L11 �7��(�(,hl Tel O S&I'4lU" t3. i..w...rvi.�.,uocroaNnrwx..n i I ' AGENDA FOR COUNCIL MEETING SET FOR MONDAY, FEBRUARY 26, 2001, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be ro,ttine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL 1. Park Commission Interviews COIAInn �A.CTINO CONSENT ,'.GENDA FEB 2 b 2000 2. Approve/Amend CITY err �.nvivU APPROVAL OF MINUTES ' * 3. Regular Council Meeting of February 12, 2001 PARK COMMISSION COMMENTS - Rick Meyers ./LAKE MINNETONKA CONSERVATION DISTRICT - Lili McMillan, Representative ,,4LANNING COMMISSION COMMENTS PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT JA�.' #2450 Glenn and Sandra Gronberg, 325 Willow Drive North - Extension of Preliminary Plat Approval - Resolution 5l� #2550 Charles Van Eeckhout, 120 Brown Road South - Preliminary Plat - Denial Resolution �6. #2631 City of Orono - Zoning Code Amendment - RPUD Residential Planned Unit Development District - Ordinance ,7. #2639 City of Orono - Zoning Code Amendment - Section 10.52, Section 10.52: Add RPUD to list of Allowable Zoning Districts in Highway 12 Corridor Study Area - Ordinance #2640/2641 Orono Amber, LLC, 2060 Wayzata Boulevard - General Concept Plan Review (Action to Continue) 4 #2650 Kirsten and Patrick Burton, 2601 Rainey Road - Variances - Resolution ,16 #2651 Robin and Jeremy Bupp, 2696 Caroline Avenue - Variances - Resolution • 11. #01.2660 Keith Waters and Associates for Jeffrey and Leontyne Maxwell - 740 Willow Drive South - Variances - Resolution • 12. #01-2662 RVC Homes, 1080 Wildhurst Trail - Variance - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT 13. Bid Award - 2001 Materials and Equipment 6 I Approval of 2001 Park Mowing Contract 15, Revised Assessment Roll for St. Edwards Church Sewer and Water Service -Resolution AGENDA FOR COUNCIL MEETING SET FOR MONDAY, FEBRUARY 26, 2001, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ADMINISTRATOR'S REPORT + W Appointment of Administrative Support Assistant 17. Planning Commission Appointments 18. Scheduling of Work Session CITY ATTORNEY'S REPORT • 19. LICENSES Home Occupation Kennel • 20. BILLS UPCOMING ISSUES AND EVENTS wl 0226 -Council Meeting, 7:00 p.m. 03/05 -Park Commission, 7:15 p.m. 03/12 -Council Meeting. 7:00 p.m. 03/19 -Planning Commission, 6:30 p.m. 0326 -Council Meeting, 7:00 p.m. PARK COMMISSION APPLICANT INTERVIEW Criteria Excellent Good Fair Poor Interest in serving on the Park Commission Knowledge, skills abilities and experience Familiarity with the following items: a. The Park Plan section of the City's Community Management Plan b. The City's Park Dedication Ordinance c. The City's bike/hike trail plan d. The City's current park facilities Support of current Programs/Policies and Philosophy of City Perspective on Council/Park Commission responsibilities and relationship Perspective on key issues facing the Park Commission �loarn utcE'fl� FEB 2.6 20 Gttj ur unora APPLICATION FOR CITIZEN ADVISORY COMMISSION DEC i i 2ono CITYof ORONO ,�. '1;�.� l4 OirY v, vri0i�0 Municipal Offices + Street Wren: Mellor{ address: �Kp�' 2750 Kelley Parkway P.O. Box 66 JOrono, MN 55356 Crystal Bay, MN 55323 0066 Commission Applying For: 21 Parks Commission ❑ Planning Commission ❑ Community Task Force (Name) Name Paul Kerr _ Address 4680 West Branch Road_0[1<7to Post Office& Zip Code Mound 55364 Telephone (H) 952-472-6890 (W)612-685-8464 Resident of Orono ae of 8/1/00 years. Work Experience: I have anent 21 Years in the plumbing industry. T begannppras an ..ntlnm and wnrked my way up to a plumbing inspector with the F58y of Minnwanolis T have designed and laid out plumbing inatn'lln+inna n lawma nuatnm hnmmg and larep rommercill sDflpeB. (CO✓ahnuea() Education: iraduation from Cedar mane sigh School (Iowa) in 1979• 'Jpnnapin Toehninal rnilege r various small business courses. Minwondy Instir a variety 17 plumbing, cusses and updates. Civic and Volunteer Activ7*19s (past and present): h I Is elsior I helped the Park and Recreation C ittp, by selling bat ride tickets and oavine bricks during_ .red ..aiming events, I also helped with clean up after 4th of July celebration. I regularly attended City Coo.ncil vnd Planning Coaimisi't. meetings. Telephuoe (612) 473.7357 a FAX 4734510 Please state your reasons for wanting to serve on this Commission. (Please be as specific as possible. Use additional sheet If necessary.) An a memher of the community and a father. I would like to be i nvnlveA in the ma5nLen. d development f tho Qrnno Parks and onen Rnanes, I artjyply tga _th 'ja ks system and would like to halr provide my children And rnmn,nity wj+t cafe and fun nlenes for rporAntinn. At thp hpgrt fwall functinningonmmiinit you will find a park What is your view of the role of the Commission? T Valipvp the rol f thA park nmmmiggion should incl . Je rnwth, ir•clude what they may want from our parks. Other Comments: (Use this space to include any further Information you would like the City Council to consider, or that you feel is relevant to the appointment you are seeking. You may also attach other materials you would like the Council to consider.) nrnnn h thA fin,Rt_p,r A parks in the etc Area. one of the firgt biking:.. hiking trnilg r Phase which III sad, T l with no people outside enioyine recreation areas Open spaces end parks Provide a vital sense of cgmmunity where adu" en___,,,_.Id h— id*w CConhSiu� I understand this appointment ttAmay be discussed at a public meeting. SlgnMwo Don "NOTE: Volunteer commission member's name, address and phone number will become public information. owns a Work Experience continued My experience has also involved service, repair and remodel within the industry. My tasks have allowed me to work closely with customers and their plumbing and heating problems. Other Comments continued can interact. Trails provide a healthy alternative means of commuting that helps to ease traffic and pollution. These things are very important to me and I believe they are important to a lot of people. 1 believe I work well with others and would do my best to strive to accomplish the wishes of the community. I am a hands on and driven person who wants the best for my neighbors and family. Paul Kerr PARK COMMISSION APPLICANT INTERVIEW Criteria Excellent Good Fair Poor Interest in serving on the Park Commission Knowledite, skills, abilities, and experience Familiarity with the following items: a. The Park Plan section of the Cir♦•'s Community Management Plan b. The City's Park Dedication Ordinance c. The City's bike/hike trail plan d. The City's current ark facilities Support of current Programs/Policies and Philosophy of City Perspective on Council/Park Commission responsibilities ane relationship Perspective on key issues facing the Park Commission _ — 1PPLICATION FOH CITIZEN ADVISORY COMMISSION Commission Applying For: ❑ Con CITY of ORONO Mixsncipal Offices Street Address: Milling Address: 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323 0066 Parks Commission Ity Task Force (Name)_ Lx: _ Telephone (H)yeAy"7y// d"6.::>Z Resident of Orono 13 years. Work Experience: O Planning Commission (W) 3 s;7/ (.) 2,�. o Education: Zx — L eti ✓�� -- �eZi::l/a-- M TeNshow (612) • FAX 473-0510 Pleas' state your reasons for wanting to serve on this Commission. (Please be as specfJlc as possible. Use additional ;heat If ne;*Ssary.) . , / , M e", 7.1l� other Comments: (Use this space to Include any further Information you would like the City Council to consider, or that you feel is relevant to the appointment you are seeking. Youmaya/so attach other materiels you would like the Council to consider.) I understand �this appointment may he discussed at a public meeting. 5ipnemre Date --NOTE: Volunteer commission member's name, address and phone number will become public information. n.ouu & am mom• vres MIEKA— AGENDA MR COUNCIL MEEPDIG SET MR MONDAY. F ERRUARY 21,201,7M P.M. ORONO WUNCIL CRAMBERS.2M P.ELLEY PARKWAY, ORONO, MINNESOTA (•) Auni:t nemt.t<owu;mN w m Iomine ioou l0 x <oxsse tyen br arc molim er Orc cin Gx a nWn m<Cnnem 1rcm• nn me9¢.W.. M<nt« mR.ming emn nrme AgeW. � ae.vailMR a m< hbtic P<ctel-IontM Dome wuvtm nev me siSn in<M1m. ROLLCALL 1. Pak Cpmm;aimbf,M<nn, rySth •.n CONSENT AGENDA �•{•p ae!lT19g� 2. ApxiAWAmme LO 26 ft APPROVALOPMPNIS Of, 3. (a._ • R<gWar CouneilhlntMof Pebrvmn1Z2M1 L gft PARK N' COSINUMiOWfIN[ENTS-RCk Merm •V LAKE RIITT'EI'O\lC> CONSERVATION DISI'RICL- Lih MCMi1W. Repmssntatiax PUBLICCO>OIESb-mwit5Minuto POP, w) ZONING ADMINISPMTOWS REPORT <. 02430 Gltwi S.MtaG r.WS.325WJ Otive NO-EnennonofP iimknu A"p-Rralufi. 5. Q550 C:mIn V¢EeeFIwoL 120 Btoxn Rw6 Scum-PrtluvwryPlni Oevial R<viution 6, #2631 Ciq of Omoo - Ianing Co6< Ameomttem - RPM R ni ial P Uni, Oertlopnm Mi ct- ONinance 7 ._ow li, of0taw-Zonin3 Co3,Amen]mm-5¢tirn 1051 Snc. 10.32 AEI RPI'0 w IiUdAIIoxMte Zoning Dletnm in Cijlr n 12CamEm SW, Mn-Qdinmuv S. 126NV2611 0mmAnlbv.LLC,21160N'e5> SiWnW TiemWConz,ZPWlfn a (A:vm In rlI 9. Q650 U..W]` rik BurmR 2MIgaian Rw1-1viwxa-ReWut;on ::1 Robin rN krcmY BW. 2696 Cmlirc Aaenm- Vmantts-P,,wl,Ww • ) I. WI-^_660 Csim 3Ve.-y W A<wculn for SeRm' oW L[anryne SI-11 - )M Win. Drier 5num-V-nenm-Rmlutian • 13. Wt2662 RVC IInma, IMO A'ildN. T-1-Vuvnce-Rn 1. MAYOWCOCSCILREPORT PUBLIC SERVICE DIRECTOR'S REPORT U. Bid .9ty-0-MI DWe 3W Egwpmmt 14. APPmuW 01201 PN Mowing Conoco I5. Knifed Aswfinea RWlfar5t FAxvN ChucM1 Seun WN'nb$min-pwiutim CPTY ABMINISTMTOR'3 REPORT 16. AppainmenlofA:.'Wtwln4ve3t:pgn AaYmt 1). PYmio9 Cmnminkn Ai4o'nw�rc IS 5[bWWkWof'oorcsm�an Cl2V ATEOR.NTrS REPORT • 19, LICENSES NomeOrcnWio^ Eamel a BILLS UPCO\ONG ISSUTS AND EVENTS 0=6-Coivcil Ma,fo, ) M p.m. 03N3-Pak C<mm;<c[¢ ovlx.colaeae®a. MToo0)p— pm Dula .IISRuR C'oapjvim 6]0 p.w o3ru-c9mM.ma P.mvm PARK COMMISSION APPLICANT INTERVIEW Criteria Excellent Good Fair Poor Interest in servin on Ure Park Conunission Knowledge, skills abilities, and experience Familiarity with the following items: a. The Park Plan section of the City's Conununity Management Plan b. The City's Park Dedication Ordinance c. The City's bike/hike trail plan d. The City's current park facilities Support of current Programs/Policies and Philosophy of City Perspective on Council/Park Commission responsibilities and relationship Perspective on key issues facing the Park Commission APPLICATION FOR CITIZEN ADvlaune t;umMISSiON 04Q � CITY of ORONO .Y;L7 Nlunkipal ORiees Street Address: 2750 Kelley Parkwa7 Orono, MN 55356 Milling Address: P.O. Box 66 C',—o.x, B,' 55323 0066 Commission Applying For: Z Parks Commission ❑ Planning Commission ❑ Community Task Force (Name) Name _T �ATR=C A of Ft _ Address --) Y71 `ASCa )�p-=Wr RnAD Post Office& Zip Code WAY2ATA 5S39' Telephone (H) '/ % / • V A 4O (w) ;( 7/ - 9 Y O 0 Resident of Orono I O + _ years. Telephone (612) 47}7)S7 • FAX 4730510 Please state your reasons for wanting to serve on this Commission. (Please be as Is your view Rf the role of the Other Comments: (Use this space to include any further information you would like the City Council to consider, or that you feel is relevant to the appointment you are seeking. You may also attach other materials you would like the Council to consider.) I understand this appointment mey be discussed at a public meeting. I-V-01 Signetu•e Date •`PIO . Volunteer commission member's name, address and phone number will become public information. a.t."e PARK COMMISSION APPLICANT INTERVIEW Criteria Excellent Good Fair Poor Interest in servipj on the Park Commission Knowledge, skills, abilities, and experience Familiarity with the following items: a. The Park Plan section of the City's Community Management Plan b. The City's Park Dedication Ordinance c. The City's bike/hike trail plan d. The City's current park facilities Support of current Programs/Policies and Philosophy of City Perspective on Council/Park Commission responsibilities and relationship Perspective on key issues facing the Park COmmiasinn 1PPLICATION FOR CITIZEN ADVISORY COMMISSION CITY of ORONO Mf rrlclpal Onices 'i Street Address: Malllnt Address: 2750 Kelley Parkway P.O. Boa 66 Orono, MN 55356 Crystal Bay, MN 553230066 Commission Applying For: IwParks Commission ❑ Planning Commission may, ❑ Community Task Force (Name) Name // 1 " �� m i) 64-4-fuli-) Telephone (H) ,7.5.7 — N 73 7,20 7 M Resident of Orono ii 1Z years. x 24 Civic and Volunteer Activities (past and present): ws'r"'^fi— z._,'7yi,_'_..,., J%,'A.,_ /!'W�z/S.a,. TdepLone (612) 473.7357 • FAX 473 0510 Please state your reasons for wanting to serve on this Commission. (Please be as speYiflc aq possible. Use additional sheet ft necessary.! ._ ..s.rr. L., w lev Jitir..ltiri r % 'jI••T G t LNG AM J Wha le your ylew of the role of the Commisslon7 1 r 1 i'.J. 1 , / .. J i d.r,....,.... n_ w . ..J the City Council to consider, or that you feel is relevant ro me appointment yUu YIV seeking. You may also attach other materials you would like the Council to consider.) 1 understand this appointment may be discussed at a public meeting. _)Irk sir..m. ou. --NOTE: Volunteer commission member's name, address and phone number will become public information. 3 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 ROLL The Council met on the above -mentioned date with the following members present. Mayor Barbara Peterson, Council Members Jim White, Jay Nygard, Richard Flint. and Bob Ransevere. Representing staff were City Administrator Ron Moorse, City Attorney Tom lsirrett, Planning Director Michael GafTron. Zoning Administrator Paul Weinberger, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Wintembeuner. Jim White and rom Kellogg arrived at about 6:40. Mayor Peterson called the meeting to order at 6:30 p.m. �" r"QETtN(a FEB 2 6 24 1. Planning Commission Interviews Uu rW-utivryu Mr. Jule Hanoaliord was the first interview. H stated that he has been a resident of Orono for 2 years, has 3 children in the Orono school district, ages 14, 11, and 9. He was interested in the position because he feels it's important to give back to the community and he plans to live in Orono for a long time. Sansevere asked if he was familiar with the City's government. Mr. Hannaford stated he was not specifically familiar with Orono's government, but as a lawyer he was familiar with government proceedings in general. Sansevere asked if he was available to commit his time to the Commission. He stated he was fine with the scheduled meeting times. but did have a conflict on the second Monday of each month. Mayor Peterson asked if he was familiar with the City's philosophy. He stated he was not. Flint asked what kind of law he practices. \Ir. Hannaford replied he is in corporate law, primarily transactional law for financial institutes. Nygard asked if he was familiar with the job of the Planning Commission. He stated he was, and the Planning Commission reviewed proposals and made recommendations to the Council regarding zoning and development. Seasevere asked if he felt the Planning Commission should follow rules closely. or if they have some latitude. He stated he felt they should mostly go by the book. Sansevere asked if there were any important issues that he was concerned about. Mr. Hannaford stated he enjoys the quality of life in Orono. He feels issues need to be balanced. ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 I. Planning Commission Interviews —Continued White asked about his leadership style. He stated he is a team builder and feels a group should determine leadership, and he would look for a consensus. Sansevere asked if he would be willing to serve as an alternate. He stated he would. Mr. Ronald (Butch) Zelinsky was the second interview. He stated he has lived in Orono for 4 '/A years, has a 12-year-old in the Orono schools, loves the area, and would like to add his perspective to the Planning Commission. Mayor Peterson asked if he was familiar with Orono's Comprehensive Plan. Mr. Zelinsky stated he was through recently acquiring property along Highway 12. Sansevere asked if he had an idea of the direction Orono should go in the future. He stated he felt the future depends on the Highway 12 cor. idor and relations with Long Lake. He would like to see a downtown area with services that are currently not available to create a sense of community with shops and gathering areas. Flint asked if being a realtor would cause conflicts of interest. Mr. Zelinsky stated he would fully disclose any conflicts and step back when appropriate. Nygard asked if he was familiar with the job and time commitments of the Planning Commission. He stated he would have no problem visiting sites and attending meetings. He said he added a pool a couple of years ago and worked with the Commission. He enjoyed the process. Nygard asked if he felt he had to be strictly guided b% the Comprehensive Plan. He stated he feels there should be a dialogue when tough issues arise and the Commission should come to a consensus. White asked about his vision of the future. Mr. Zelinsky felt the 2-5 acre minimum lot size was critical and believed the City should hold firmly to the 2-acre minimum. He felt the community had needs for community centers, restaurants, ano other gathering places. Sansevere asked if he would be .villing to sen a as an alternate. He stated he would. Ms. Susan Moseley was the third interview. She stated she has been a resident since 1988. She has run a small business and been a stockbroker. She was involved with the Orono schools while her children were attending. She felt she would bring her interest, desire, and enthusiasm to the Commission. She felt a city must meet the current needs of its residents, but also plan for the future. ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 1. Planning Commission Interviews —Continued White asked what steps should be taken toward the future. She stated a government needs to listen and focus on growth goals, then sell its plans to the residents so they understand the City's objectives. Sansevere asked what issues she would focus on. Ms. Moseley stated she uses the parks and schools, bc' would have to be educated on other concerns. She has seen a huge housing expansion and approves within reason. She likes living in a low -density area. Flint asked if she would have trouble saying no to applicants. She stated she would not, and the Commission makes decisions as a unit and with reasons for those decisions. Sansevere asked if she would be willing to serve as an alternate. She stated she would. Mr. Rick Windeuburg was the fourth interview. He stated that he has been a resident of Orono for I year, has a background in construction, has dealt with planning issues, and wants to be involved with the community. Sansevere asked if he was familiar with the City's Comprehensive Plan. Mr. " indenburg stated he was familiar with it from working in the area 5 years ago. Sansevere asked if it would be difficult to say no to construction people. He stated it would not be, and he is basically out of the field now. Sansevere asked if there were any issues that he was concerned with. He stated there were not at the present time. Nygard asked if he was familiar with the job of the Planning Commission. He stated he felt the Planning Commission reviewed applications for variances, etc. and decided if the requests were acceptable, then made suggestions. White asked about his leadership style. He stated he would bring his ideas to the table, but also listen and learn. He wouldn't force or follow; but be open to others' input. Sansevere asked if he would be willing to serve as an altematc. He stated he would. Mr. Gary Welsh was the fifth interview. He stated that he has been a resident of Orono since 1967, circulated a sewer petition in the 1960's, was on the City Council for 2 terns in the 1970's when the Comprehensive Plan was first drafted. He tries to see the big picture and is aware that small decisions affect the big decisions. He has studied the ordinances and visited sites. ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 !. Planning Commission/nrerviews—Continued Sansevere asked what issues he sees facing the Planning Commission. Mr. Welsh stated he is concerned with runoff and sewer, small houses being tom down and big ones built up, and people with large houses pushing for extras. Flint asked what he saw as the relation between the Planning Commission and the City Council. He stated the Planning Commission was an extension of City Council. The Commission implements the big picture for the Council. White asked what he saw as the relation between the Planning Commission and the staff. Mr. Welsh stated the Planning Commission has oversight responsibility of the staffs work as presented in the packets. Nygard asked why he chose to get involved in government again. He stated he has an interest in Planning issues and would like to see applications at the beginning of the process. Sansevere asked if he would be willing to serve as an alternate. He stated he would. Mr. Marc Fritzler was the sixth interview. He stated that he has been a resident of Orono for 18 years and is a retired officer from the Orono Police Department. He is interested in the Commission because the attempt to consolidate with Long Lake made him more aware of issues that affect Orono. He stated he has time to commit and is not afraid to dig into regulations. Sansevere asked if he was familiar with the City's Comprehensive Plan and felt there was latitude. Mr. Fritzler dated the Commission should operate under the plan, but deal with the specifics of each case. He felt ordinances were there to he adhered to. Flint asked how he felt about the way the City has been run. Mr. Fritzler stated he lives in a 5-acre minimum lot size area and enjoys the open space, but feels some areas of the City could be improved, particularly the Highway 12 commercial area. White asked how he would engage citizens in government concerns. He stated he would make himself known to, and camas, the public. Sansevere asked if he would be willing to serve as an alternate. He stated he would. Mr. David Rahn was the seventh interview. He stated that he has been a resident of Orono for 26 years and owns 2 residences here. He has a construction background and was a contractor in Orono for 10 years. ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 1. Planning Commission /nte"iews—Continued Sansevere asked if he was familiar with the City's Comprehensive Plan. Mr. Rahn stated he is familiar with the City's ordinances, but not specifically the Comprehensive Plan. Sansevere asked if there were any important issues that he was concerned about. Mr. Rahn stated that he has an ability to problem solve and felt that with his background he could help keep applications from reaching the Council before the T's are crossed. Flint asked how he felt about the way the City has been run. He stated he was familiar with the progress of the lake cities and feels they develop at the same rate as Orono. He stated that due process takes time. White asked what he saw as the relationship between the Planning Commission and staff. He stated he doesn't see it as a large contact area. Staff present applications etc. to the Commission. Nygard asked if he would have trouble separating his roles of staff and Commissioner. Mr. Rahn stated he would not and feels there are situations wh.re his background %could be helpful to the Commission. Sansevere asked if he would be willing to sen a as an alternate. He stated he would. Mr. Robert Albertson was the eighth interview. He stated that he has been a resident of Orono for 38 years. He is an inventor, owns 4 companies, is involved in communin affairs with organi; ations such as the Minnesota Concerned Citizens Association. Minnesota Public Utilities Commission, Mound School Board, and the City of Spring Park. He is an idea person, handles his own legal cases, is fair and tough, can say no, and has no conflicts of interest. Sansevere asked if there were any changes he %%ould like to see in Orono. He stated the nrea along County Road 15 in Navarre is an eyesore and it should be developed or beautified. Flint asked what he saw as the role between th. Planning Commission and the Cin Council. He stated the Planning Commission works in an advisory capacity to the Council. If the Council disagreed with his recommendation he would argue his point or come with a new approach. Sansevere asked if he would be able to take on a non -leadership role. He stated he would. White asked if he was familiar with smart gro"ih. He stated he was not, but feels development should be reasonable and would like to see a light rail system. ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 1. Planning Commission Interviews --Continued Nygard asked if he had ideas for the Navarre area. Mr. Albertson stated Navarre could become a hub area to connect with Mo: nd. Sansevere asked if he would be willing to serve as an alternate. He stated he would. Ms. Jeanne Mabusth was the ninth interview. She stated she has been a resident of Orono for 22 years. She has been impressed with the City's government over the last 4 years. She has worked for the City of Medina, and the City of Orono as the Administrator of Building and Zoning Department. Sansevere asked what she considered the role of the Planning Commission. She stated she felt it was setup properly with a number of experienced members. The Council liaison was important and she felt the Council should pay attention to the Commission's recommendations and use the Consent Agenda more. Flint asked what she considered her area of expertise. Ms. Mabusth stated she had years of experience as City staff and a Planning Commission alternate. She has knowledge of the City's codes and the Comprehensive Plan. She felt the best ordinances were those worked on to reflect how times and the environment change. Nygard asked if she would be able to separate her roles as staff and a resident advocate. She stated she would, and it was important to create an atmosphere where applicants can ask questions and the Planning Commission can explain the codes. White asked if she had any pet peeves. Ms. Mabusth stated it was important for the chairman to provide information to applicants and the neighbors concerned with a project. Sansevere asked if she would be willing to continue serving as an alternate. She stated she would. CONSENT AGENDA 2. Approve/Amend Items 5, 9, and 14 were added to the Consent Agenda. Flint moved, and Sansevere seconded, to approve the consent agenda as amended. Vote: Ayes S, Nays 0. ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 APPROVAL OF MINUTES "3. Regular Council Meeting of January 22, 2001 Flint moved, and Sansevere seconded, to approve the Minutes of the Regular Council Meeting of January 22, 2001. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS —DREW MCDERMOTT, REPRESENTATIVE McDermott stated the Park Commission would be asking for donated hostas and daylilies for Navarre Park in April. They ara trying to locate the remaining property comers at Saga Hill. There was a bill in the House to try to block trails throughout the state; he sent a copy to the National Rails to Trails group. The bill would affect the Dakota Rail, Crystal Bay Road trail and others. They are taking more pictures of lake access points. The Commission is considering putting an ice rink in at Crystal Bay Park that would serve for skate boarding in the summer. They are planning on burning French Creek Park this spring to promote the wildflower development. and are considering redeveloping playground equipment at Hackberry Park. The Commission is looking into a recognition board in the City office's lobby to acknowledge land donors. It would probably be a map with plates that show who donated what parcels. PLANNING COMMISSION COMMENTS None. PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT 4. f12631 City of Orono —Zoning Cod- Amendment—RPUD Residential Planned Unit D, velopment District Gaffron stated that when the City adopted its Comprehensive Plan and sent it to Met t-ouncil, it planned to have 6 - 12 months to change ordinances to match the plan. Part of the Plan included the reguiding of areas of the Cin for different types of residential ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 4. k1631 City of Orono —Zoning Code Amendment—RPUD Residential Planned Unit Development District —Continued use, i a.: for higher density use. The senior housing project has caused them to move ahead on the ordinance changes. The RPUD district would accommodate a variety of housing types. It would be residential only with no mixing of commercial and residential. The district would allow .a permitted uses of the R-tA basic residential zone and a mult;-family attached dwelling, but only in the urban zone. There is a minimum site area of 5-acres, and a height limit of 2 V. stories or 30', except on RPUD sites currently zoned/guided for commercial use, which could be up to 3 stories. Ten percent of the site must be devoted to private recreation area in addition to standard park dedication requirements, and there are detailed landscapinit/bufferinp and architectural requirements. Currently the RPUD rezoning .vould uut be allowed in the shoreland areas. The RPUD could replace the M6 district. The Planning Commission voted 4 — 0 to approve the ordinance. Sansevere asked if the shoreland areas should be included in the RPUD areas. Gaffron stated that some properties could be redeveloped using the RPUD, and there are benefits to using the RPUD in the shoreland. Nygard stated he prefers to exclude the shxeland to protect the cabin feel along the lake. Flint stated he was concerned with density issues. Gaffron stated the RPUD district could be used for apartment -type development only on land currently zoned for commercial use. So the commercial area would become a higher density residential area. Council would be creating a district to which properties could be rezoned, but the district would never have to be used, as with the M-6. Flint stated he would like to keep M-6 on the buoks, in addition to the RPUD, so that it remains as an alternative. Gaffron stated that no residettial property could be rezoned to a higher density than it is guided in the Comprehensive Plan. Mayor Peterson suggested discussing the RPUD ordinance in a work session. Items 4 and 6 were continued to the next Council meeting. Nygard nsosed, and Samsevere seconded, to taWc items 4 and 6. Vote: Ayes 5. Nays 0. ORONO CITY COUNCIL MEETING MOND 1Y, FEBRUARY 12, 2001 *5. #2638 City of Orono —Zoning Code Amendment—B-6 District Landscaping and Architectural Standards —Ordinance Adoption, Ordinance No. 201, 2nd Series int moved, and Sansevere seconded, to adopt Ordinance No. 201, Second Series, amending Chapter 10 of the Orono Municipal Code by amending Section 10.45, Subdivision 6, B-6 Zoning District Design Requirements. Vote: Ayes 5, Nays 0. 6. k2639 City of OronoZoningCode Amendment —Section 10.52: Add RPUD to list of Allowable Zoning Districts in highway 12 Corridor Study Area Item 6 was tabled with item 4. Nygard moved, and Sansevere seconded, to table items 4 and 6. Vote: Ayes 5, Nays 0. 7. #2640/2641 Orono Ambar, LLC, 2060 Wayzata Boulevard--- Highway 12 PUD General Concept Plan Review Frank Dunbar was present. Weinberger stated that Orono Ambar requested General Concept Approval for a two -lot plat of property at Highway 12 and Brown. The property is currently zoned B-1, general business. They would rezone the property and subdivide it into 2 lots: a semor housing unit on the east lot, and an office building on the west lot. The Planning Commission recommended approval 4 — 0. Staff recommended approval subject to the noted conditions. Mr. Dunbar stated that he would like to eliminate the wall at the front of the property along Highway 12 because it impacts the building, and neighbors indicated they did not approve of it. Jacqueline Ricks of 2108 Sugarwoods Drive asked why the service road was required in front of the building. If it was removed there would be more room for landscaping. Weinberger stated the road was included for the safety of residents using the parking lot in front of the building. Gaffron stated that about half of the office building traffic would enter the office lot by the service road from Brown Road because only west bound traffic on Highway 12 can access the office lot's direct entrar.ce. Mr. Dunbar stated that all of the residents would have underground parking. Primarily visitors would use the lot in front of the building, mostly in the afternoon and on weekends. The S-curve in the parking lot would help to slow traffic. ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 7. #264012641 Orono Ambar, LLC, 2060 Wayzata Boulevard— Highway 12 PUD General Concept Plan Review —Continued Carl Berg of 2102 Sugarwoods Drive stated his parents are in a similar complex and the visitors' parking is barely used. Moorse suggested office traffic could someday use Brimhall Road for access to the lot at the north. Ideally a light would go in at Brimhall Road and Highway 12. Mr. Dunbar stated that the neighbors would like to eliminate the fence on the north border of the property by the office building and instead preserve the brush and foliage, then use berms to screen headlights from the office traffic. Mayor Peterson agreed that preserving existing vegetation was preferable to building a fence. Sansevere moved, and Nygard seconded, to table item 7. Vote: Ayes 5, Nays 0. •8. 02649 Peter and Nicole Thomas, 1395 Orono Lane—Variances/CUP— Resolution No. 4604 Flint moved, and Sansevere seconded, to adopt Resolution No. 4604 granting variances to Section 10.22, Subdivision 2, Section 10.55, Subdivisioni u and Section 10.56, Subdivision 16(J) and (L) to allow hardcover in the 0 — 75 foot lakeshore setback zone of 11.38% where 11.22% hardcover exists and no hardcover is normally allowed and to allow hardcover in the 75 — 200 foot setback zone of 25.45% where 25.16% hardcover exists and 25% is normally allowed; a variance to Section 10.56, Subdivision 16(C)(5) to allow retaining walls where they are normally prohibited in the lakeshore setback zone; and a conditional use permit for lakeshore alterations per Section 10.03, Subdivision 21. Vote: Ayes 5, Nays 0. *9. #2649 Charles Leekley, having an interest in 1525 Long Lake Boulevard — Variances —Resolution No. 4605 Flint moved, and Sansevere seconded, to adopt Resolution No. 4605 granting variances to Municipal Zoning Code Section 10.03. Subdivision 9(D) to permit a garage entrance 5 feet from the north property line where 30 feet is required; and Section 10.24, Subdivision 5(B) to permit a 5 foot side setback where a 10 foot setback is required for construction of a detached two stall garage. Vote: Ayes 5, Nays 0. 01 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 10. 02650 Kirsten and Patrick Burton, 2601 Rainey Road—Variance/CUP Herb Baldwin, landscape designer; Dick Peterson, attorney; and Bill Huntress, project architect, were present to represent the Buttons. Weinberger stated that the applicants have a 14-acre parcel with a lot of wetland area. The applicants submitted a 4 part request: 1. CUP to permit a second residential unit on a 5.25 acre property; 2. CUP to permit the chimney height for the main residence to exceed 30 feet, at a height of 36 feet, 6 feel above the peak of the home; 3. variance to permit construction of a 3 story Flat -roofed house where the Code allows a maximum of 2 V. stories; 4. variance to permit a 30 inch high railing around the roof of ttk guest house, that would exceed the 30 foot maximum height for a swcture, for safety purposes. The Planning Commission voted 4 — 0 to allow the guesthouse and a motion to approve the chimney height, 3-story house, and railing failed with a 2 — 2 vote. Weinberger stated that the height of the guesthouse would be less than a 2 %: story house at its peak because of the mid -gable measure. There are plenty of tall trees on the property and no adjoining properties it would affect. He also stated that the City has other houses with chimneys that exceed the permitted height due to requirements of the Building and Fire Codes. The Council agreed that they would allow construction of a guest house. There was a consensus that the chimneys should not exceed 32 feel (2 feet above the root) because the additional 4 feet was requested for aesthetic purposes. The Council felt they should be consistent and referred to the art center in their discussions. Mr. Huntress stated that the 3 story guest house has a smaller footprint than the 2 V. story gabled design. Weinberger stated the Code says 2 %, stories or a 30 foot height is permitted, whichever is more restrictive. Gaffron stated that the application was precedent setting, and the architect made a compelling argument that 30 feet was more restrictive because it would actually be shorter than the peak of a 2 'h story house. Barrett stated the City was concerned with the massing and height of the structure, not necessarily the number of stories. Barrett stated he was concerned that allowing this structure would open the door foe someone to request a much larger structure that is 3 stories high. He felt a variance was required to permit 3 stories because of the ordinance. He asked if the design was saving treer. Mr. Peterson stated it was. Mr. Huntress stated the house was designed to nestle its occupants in the trees, so they intentionally used a small footprint and vertical structure. Mr. Peterson stated that because of the required septic mounds and several large oak and maple trees they want to preserve, there is very little room to place the guest house. They only plan to remove about 5 poplars, which would regrow in a short amount of time. Mr. Peterson stated they have used an arborist to hrlp design the house and would use one during construction to insure the trees are not injured. ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 10. #2650 Kirsten and Patrick Burton, 2601 Rainey Road—Variance/CUP— Continued Sansevere asked about the size of the house. Mr. Huntress stated the vertical portion of the house is 19.5 feet by 19.5 feet, and the first story is 20 feet by 30 feet. A similar 2 story house would be about 40 feet wide. Flint stated the Council would want documentation about the trees and their drip lines, also the resolution should reflect that the house would be constructed as such specifically to save large trees. Mr. Huntress stated that the railing around the roof was for safety purposes, and they would use a special cable that was not visible from about 50 feet away. Mayor Peterson stated she did not see a hardship for the railing. Flint moved, and Nygard seconded, to allow a second residential unit on the property. Vote: A�- es 5, Nays 0. Flint moved, and White seconded, to require chimney height on the main house to exceed the roof peak by only 2 feet, at a height of 32 feet. Vote: Ayes 5, Nays 0. Flint moved, and Nygard seconded, to deny the request for a 30 inch high railing around the roof of the guest house. Vote: Ayes 5, Nuys 0. Flint moved, and White seconded, to have staff draft a new resolution for the next Council meeting that shows a 3 story structure would be permitted because its design saves large trees on the property, reducing its impact on the land. Vote: Ayes 4, Nays 1 (Nygard). 11. 02651 Robin and Jeremy Bupp, 2696 Caroline Avenue —Variances Mrs. Bupp and Steve Longman, the builder, were present. Weinberger stated that a building permit was issued to the Bupps in June 2000. The Crouse was nearly complete when it was disecvered that the shoreline along the next door neighbor's property bends inland and the 75 foot Lakeshore setback was not measured properly by the surveyor. The proper setback reduces their hardcover area by approximately 200 s.f. Currently, the applicants were at 100% of the allowed hardcover in the 75 — 200 foot setback zone. ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 11. #1651 Robin and Jeremy Bapp, 2696 Caroline Avenue—Variances—'onlinued The applicants have requested variances to permit additional hardcover on the property for an expansion to the driveway and tc construct a lakeside paver stone patio. The total hardcover request is for 350 s.f. Staff has issued a temporary certificate of occupancy. The applicants are required to provide swales around the house, add gutters to the northeast roof line to direct water away from the neighboring house, and install draintile. The exterior improvements cannot be completed until spring when the ground thaws. Staff recommended denial of the application, and suggested a 3 foot by 8 foot landing with a stairway could be constructed to the patio door to provide safe access instead of the requested patio. The Planning Commission voted 4 — 0 to recommend denial of the application. Mr. Longman stated that the Bupps are in an unfortunate situation and feels that the shape of the lot creates a unique hardship. Gary Thompson, attorney for Joseph and lane Clemons of 2690 Caroline Avenue, stated they believe the Bupps are already over the allowed hardcover. The Clemons' independent contractor came up with different hardcover numbers from the city. He stated the Bupp's hnuse will create drainage problems for the Clemons that won't be revealed until the spring thaw. He stated the Bupps have a side door with no walkway and air conditioner wiring with no intact unit that will require a concrete pad. He also stated that the lot was overbuilt and the Clemons object to the retaining wall installed where the patio was to go. Joe Clemons of 2690 Caroline Avenue stated that he has asked for a written drainage plan for a year and has not received one. Gappa stated they have met several times with the Clemons and last Friday a letter was sent to them. Weinberger stated the City would not normally provide that information to neighbors and did not recall the City providing that information in the past. Mr. Clemons stated that the Bupps had agreed to put up gutters before they occupied the house and it hadn't been done. Mrs. Bupp replied that they signed documents with the City stating they would install gutters within 180 days. Weinberger stated the City has provided copies of the plans, including drainage, on several occasions to the Clemons. Mr. Clemons claimed that the Bupps have removed well in excess of 501 cubic yards of dirt without a CUP, and he had a printed article stating a CUP was required for excavation. White asked if the 500 cubic foot limitation was in addition to dirt removed for a basement. Weinberger stated that the Bupps removed a house, then prepared the lot for construction of a new home and the grading on the lot has not changed significantly. He also stated that the ordinance Mr. Cle,-ns referenced applies to construction absent ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 IL N26SI Robin and Jeremy Rupp, 2696 CaraiineAvenue—Variances—Cotniruued the house. The ordinance allows normal and customary grading in the area of an existing or a newly constructed building without requiring a CUP. Mr. Clemons stated that the Bupps have put in retaining walls that are higher than allowed. He stated the walls should be removed and fill put in, and they should install stairs off their deck instead of off the sliding glass door. He also claimed their house obstructs his view and has damaged his property. Mr. Clemons stated that the Bupps improperly measured the silt line by walking out to the dock and then measuring back. He stated that roof overhang has not been included in the hardcover calculations and should have been. Sansevere asked if overhang was typically included. Gaffron stated that the Code states anything that impedes direct absorption of rainwater is hardcover and overhang is not considered part of the hardcover unless it is supported by posts or a wall. Nygard asked if the hardcover ordinance was a yard requirement. Gaffron stated it was not. He stated the overhang was allowed to encroach 1 'h feet into the required yard, that is, into the 10 foot setback from the property line. Sansevere asked if the retaining walls were a hardcover issue. Weinberger stated that 45 s.f. have been included in the hardcover calculations for the retaining walls. Mr. Longman stated that Mr. Clemons statements were unfounded and requested that they not vary from the requests before Council. Mr. Clemons reported that Peggy Kadlec of 2726 Caroline Avenue, quoted the builder as saying, "You can try to stop me, but I'm building as fast as I can and once it's built all 1 have to do is get a variance from the City." He also stated that the first footprint was in error and Lyle Oman, the City's Building Official, found that the lakeside structure was 3 feet wider than what the survey had indicated and extended 3 feet beyond the legal setback line. Neither Ms. Kadhec nor Mr. Oman were present at the meeting to comment. Sansevere asked if the retaining walls would remain, even if the 3 by, 8 foot landing were allowed. Weinberger stated that the retaining walls would remain and were allowed with the building permit. Mrs. Bupp stated that the retaining walls retain preexisting dirt, they were not filled in behind as Mr. Clemons suggested. Mr. Longman stated that Mr. Clemons' charges were fabrications. He agreed that he hired the surveyor who made the mistake. He stated he did not see how the driveway and patio would impact the neighbors. Mayor Peterson stated that it was a hardcover issue and the City tries to never grant variances to hardcover for new construction or. a conforming lot. ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 IL #2651 Robin and Jeremy Bupp,26%Caroline Avenue —Variances —Continued Mayor Peterson stated she did not see a hardship to allow the extra driveway and the patio. After some discussion, Council agreed that the Bupps should be allowed the 3 by 8 foot landing for stairs down from the sliding glass door for safety purposes. Anne Wilbur of 1410 Cherry Drive asked if the retaining walls could be removed to gain hardcover. They could not be removed. Lome Rejzer of 2715 Caroline Avenue stated that she felt the Council was indulging the applicants after -the -fact, and that the lot was overbuilt. Flint stated that the Council believed the error was on the part of the surveyor and was not fraudulent. The Counci. was trying to be fair in resolving a tough issue. White stated that the Bupps would be denied their request and only granted a landing for some stairs so they could use their door. He hoped that the neighbors would move on and try to be friendly with the Bupps. Sansevere indicated he could not approve the variance because he did not see a hardship. Nygard agreed. Flint moved, and Mayor Peterson seconded, to allow a 3 foot by 8 foot landing with stain from the existing door for safety purposes that would be behind the average lakahore setback, and to deny the request to increase the size of the driveway. Vote: Ayes 3, Nays 2 (Nygard and Sansevere). *12. #2652 Ron Lauer for Dennis Anderson, 1720 Bohn's Point Road— Varisuces—Resolution No. 4606 Flint moved, and Sansevere seconded, to adopt Resolution No. 4606 granting variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2) to allow 13,045 s.f. (48.7%) hardcover in the 75 — 200 foot setback zone to construct a paver walkway and outdoor stair addition; Section 10.22, Subdivision l(B) and Section 10.56, Subdivision 16(C)(6) to allow a second story addition to the existing residence to encroach 88 feet and 92 feet into the average Lakeshore setback. Vote: Ayes 5, Nays 0. *Ci. 92655 Robert and Nancy Lux, 1209 French Creek Rive--Variance— Resolution No. 4607 Flint moved, and Sansevere seconded, to adopt Resolution No. 4607 granting a variance to Municipal Zoning Code Section 10.56, Subdivision 16(C)(1) to allow replacement of a deck and addition to the west end of the residence that are both located within 150 feet of a Natural Environmental lake. Vote: Ayes 5, Nays 0. 15 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 *14. #2657 Clifford Otten, 2350 Wayzata Boulevard —Easement Vacation — Resolution No. 4608 Flint moved, and Sansevere seconded, to adopt Resolution No. 4608 approving the vacation of a dedicated drainage and utility easement within Lot 2, Block 1, East Willow Woods. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Mayor Peterson stated that the Fire Department Committee was close to determining the appropriate size of the new Fire Department. The Long Lake Fire Chief will be at the next Council meeting to present drawings. Moorse stated that the determined size depends on an accurate cost estimate and expected funds from Mn/DOT. Flint stated that the size and cost we related and he would not approve the £rre station at an unreasonable cost. Nygard stated he was concerned about pedestrian crossings in Navarre along County Roads 15 and 19 Necause of the parks and children running across the street outside of crosswalks. Nygard stated he was concerned about snowmobile safety on the lake. He suggested the Park Commission look at the issue. PUBLIC SERVICE DIRECTOR'S REPORT None. CITY ADMINISTRATOR'S REPORT 15. Scheduling of Work Session The Council agreed to hold its Work Session on February 22, 2001 at 3:30 p.m. CITY ATTORNEY'S REPORT None. ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 •16. LICENSES Flint moved, and Sansevere seconded, to approve the following licenscs. Vote: Ayes 5, Nays 0. GAMBLING PERMIT —RESOLUTION NO.4609 Orono Ice Arena, Inc. Bantam A Regional Hockey Tournament Orono Ice Arena-1025 Old Crystal Bay Road March 4, 2001 SPECIAL EVENT Wells Fargo Bank Minncsota, N.A. Half Marathon Race Race Route: Start at Norwest Bank Wayzata, Lake Street to Ferndale Road to County Road 15 to Orono Orchard Road to Fox street to Old Crystal Bay Road to County Road 51 to County Road 19 to Northview Road to Lake road to County Road IS to Old Beach Road to County Road 19 to Beehrle Avenue to the Southwest LRT Trail to Water Street. Finish at Norwest Bank Excelsior. Sunday, May 6, 2001 8:00 a.m. — 11:00 a.m. CIGARETTE LICENSE 1. Kenneth Galloway Wayzata Country Club 4. Daniel Scherven 200 West Wayzata Boulevard Navarre Lanes, Inc. 3425 Shoreline Drive 2. Timothy Ivory Spring Hill Golf Club S. Grant Weakstem 725 Sixth Avenue North Lakeview Golf of Orono, Inc. 710 North Shore Drive West 3. LeRoy Koehnen Navarre Amoco 3360 Shoreline Drive *17. BILLS Flint moved, and Sanwere seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ORONO CITY COUNCIL MEETING MONDAV, FEBRUARY 12, 2001 ADJOURNMENT The meeting was adjourned at 1 I:30 p.m. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor LAKE MINNETONKA CONSERVATIL,.. ISTRICT 18338 Minnetonka Blvd. �^ Deephaven, MN 55391 FEe 2 6 (952) 745-0789 EXECUTIVE DIRECTOR NEWSLETTER Gregory S. Nybeck February 14, 2001 Increased Water Patrol Presence for 2001 Soa'lno Saascn: This rsst surnmiaf, uia L4100 forwarded:: to locrease Hennepin County Sheriffs Office Water Patrol presence on Lake Minnetonka, for the 2001 boating season, by two full-time Deputies for five months. A two-year commitment, at $100,000 per year, has been seeked for the proposal, with costs to be shared by Hennepin County (50%), LMCD Member Cities (30%), and the LMCD 'Save the Lake' Fund (20%). To date, both Hennepin County and the LMCD'Save the Lake' Fund have appropriated the needed funds for the .....-_-proposal for2D01...Additionally, nine LMCD Member Cities have agreed to voluntary payments of approximalely $17,000 for the proposal in 2001. LMCD staff, working with LMCD Board leadership, either has made contact with the remaining five LMCD Member Cities or has plans to in the near future. Any shortfalls in the 30% commitment from the LMCD Member Cities will be addressed by the LMCD Board sometime in the near future. Further details of this proposal will be provided when they are available. Exotics Manactemenl: Similar to one year ago, the LMCD assembled a EWM Harvesting Program Working Group to evaluate the Program to see if improvements can be made for 2001. This Working Group met on 111181D0 and 1/13101, and discussed a number of aspects of the Program. Some of the aspects discussed at these meetings include: 1) establishing a rotating harvesting schedule, 2) establishing a harvester replacement schedule, 3) improved radio's and communications, 4) possible modifications to the harvesting equipment, 5) improved hauling of harvested vegetation, 6) addressing work vehicle needs, 7) improved maintenance of the harvesting equipment, and 8) addressing budget constraints. Recommendations from [..s Working Group will be presented to the LMCD Board at its 2J28/01 Regular meeting. Further details will be provided when they are available. Staff is currently preparing plans for the 2001 Zebra Mussel Program. Similar to 2000, efforts will be conlinued on improving public education and awareness. Additionally, the LMCD would like to take a more aggressive approach on the inspection and/or :leaning of watercraft that have come from infested waters prior to launching into Lake Minnetonka. This was a problem area in 2000, with no watercraft washed by the LMCD's high-pressure sprayer. The LMCD is currently considering hosting a public forum to get input from the public on how to better approach the zebra mussel Issue. Further details will be provided when they are available. 2000 Boat Density & User: ,ttitude Survey's: Schoell and Madson, Inc. conducted these surveys in compliance with the Management Plan for Lake Minnetonka. The Boat Density Survey is conducted every two years, with the User Attitude Survey conducted every four years. This project is a joint effort of the LMCD and the MN DNR. A presentation of these surveys is scheduled for the 3/14/01 Regular LMCD Board meeting. A copy of this survey will be forwarded sometime in Pre near future. • 2001 Board Officers I3 Board Appointments: Board Officers for 2001 were discussed at the 1110101 Regular LMCD Board meeting. Board Officers for 2001 include: Bet Foster- Chairman, Craig Nelsen. 'Ace Chairman, Tom Skramstad- Treasurer, and Lill McMillan- Secretary. LMCD member cities Deephaven, Minnetonka, Minnetonka Beach, Minnetrista, Orono, Shorewood, Tonka Bay, and Wayzata. Discussion of these appointments is planned for the 2128/01 Regular LMCD Board meeting. § 10.60 Subd. 7. Vibration. Any use creating periodic earth -shaking vibrations, such as may be created from a drop forge shall be prohibited if such vibrations are perceptible beyond the lot line of the site on which the use is located. The standard shall not apply to vibrations created during the process of construction. Subd. 8. Glare or Heat. Any use requiring an uperatiuu prudueiug :ut iwen.e heat ur light transmission shall be performed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site on which the use is located. Lighting in all instances shall be diffused or directed away from "R" Districts and public streets. - Subd. 9. Explosives. Any use requiring the storage, utilization or manufacturing of products which could decompose by detonation shall be located not less than 400 feet from -ny "R" District line. Subd. 10. Screening Required. Screening shall be required in residential zones where: A. Any off-street parking area which contains more than four parking spaces and is within 30 feet of an adjoining residential lot line, and, B. Where the driveway to a parking area cf more than six parking spaces is within 15 feet of an adjoining residential lot line. Subd. 11. Screening, Type of The reening required herein shall consist of a solid fence or wall at least 50% open, rot less than four feet nor more than five feet in height but shall not extend within 15 feet of any street or driveway opening onto a street. The screening shall be placed along the property lines or in case or screening along a street, 15 feet from the street right- of -way with landscaping (trees, shrubs, grass and other planting) between the screening and the pavement. A louvered fence shall be considered solid if it blocks direct vision. Planting of a type approved by the ?fanning Commission may also be required in add'tion to. or in lieu oi, fencing. Subd. 12. Maintenance. In all districts, all structures, required landscaping and fences shall be maintained so as not to be unsightly or present harmful health or safety conditions. Subd. 13. Exterior Storage in "R" Districts. In all "R" Districts, all mobile materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except boats and unoccupied trailers less than 20 feet in length, which are not stored for ce^unercial purposes, if stored to the rear of the house and a distance of 10 feet or more from any property line. Source: Ordinance No. 172 Effective Date: 1-1-73 ORONO CC 378 (4-1.84) § 10.60 Subd. 14. Waste Materials. Waste material shall not be washed into the public storm sewer system nor the sanitary sewer system without first having received a permit to do so from the City. If said permit is not granted, a method of disposal shall be devised which will not require continuous land requisition for permanent operation and will not cause a detrimental effect to the adjacatt laud. Should the waste b of solid fomt mthar than fluid, the storage area shall W so located and fenced as to be removed -jm public view. In all districts, all waste material, debris, refuse, garbage, materials not currently in use for construction or otherwise regulated herein shall be kept in an enclosed building or properly contained in a closed container for such purposes. The owner of vacant land shall be responsible for keeping such vacant land free of waste material and noxious weeds. Subd. 15. Drainage. No land shall be developed and no .se shall be permitted that results in water runoff causing flooding, or erosion on adjacent properties. Such runoff shall be properly channeled into a storn drain, water course, ponding area or other suitable facility. Subd. 16. Traffic Control. The traffic generated by any use shall be chamelized and controlled in a manner that will avoid congestion on public streets, safety hazards, or excessive baffic through residential streets. Vehicles backLig from a parking space shall not back into the public street. No access drive to any lot shall be located within 20 feet of any two intersecting street right-of-way lines. Subd. 17. Radiation, Etc. No activities shall be permitted that emit dangerous radio activity beyond enclosed a -as. There shall be no electrical disturbance adversely affecting the operation of any point of any equipment including but not limited to radio and television reception other than that of the creator of the disturbance. SEC. 10.61. SPECIAL PROVISIONS. Subd. 1. Signs as Accessory Use. Signs are a permitted accessory use in all districts subject to the following regulations: A. On Right -of -Way. Private signs are prohibited within the public right-of-way or easements except that the Council may grant a conditional use permit to locate signs and decorations on or within the right-of-way under their jurisdiction for a specified time not to exceed ninety days. No conditional use permit for such a sign shall be issued by the Counc .1 if a conditional use permit or temporary sign permit had been issued in the previous 24 months to that property. Source: Ordinance 55, 2nd Series Adopted:7.25-88 B. Flashing. illuminated fisshing signs shall not be permitted in any district. ORONO CC 379 (4.1-84) § 10.61 B. Parking Requirements Waived for Building Under Construction on P:ptember 14, 1967. Structure or uses for which a building permit has been issued prior to September 14, 1967, but for which %%ork has not been completed shall be exempt from the hereinafter stated parking requirements if the structure is started within six months after Sentember 16, 1')67, and wuliuucs lu Wlllplctirnr. C. Existing Parking Not to be Reduced. Off-street parking spaces and loading spaces existing on September 14, 1967, shall not be reduced in number unless said number exceeds the requirements set forth herein for a similar new use. D. Floor Area. The term "floor area" for the purpose of calculating the number of off-street parking spaces shall be the net usable floor area of the various floors, devoted to retail sales, services, office spaces, processing and fabrication exclusive of hallways, utility space, storage areas other than warehousing. E. Seat. in stadiums, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 22 inches of such seating facility shall be counted as one seat for the purpose of determining required parking. F. Sin of Parking Spaces. Each parking space shall be not less than nine feet wide a••.d twenty feet in length and each space shall be served adequately by access drives. For purpos -: of calculating parking space requirements, one parking space for one vehicle shall equal 300 square feet of storage and maneuvering area including access drives. O. Commercial Vehicle Parking. Off-street parking facilities accessory to residential use shall be utilized solely for the parking of passenger automobiles. No motor vehicle over 7,000 pounds gross capacity and no commercially licensed trailer shall be parked or stored in a residential district except when loading, unloading or rendering a service, except that one such vehicle may be parked at the residence of the owner or operator of said vehicle. Under no circumstances shall parking facilities accessory to residential structures be used for open area storage of commercial vehicles nor for open air parking for business purposes of automobiles belonging to the employees, owner, tenant or customers of business or manufacturing establishments other than the home occupation permitted for that property. H. Location of Parking. Required off-street parking in the "R" Districts shall be on the same lot as the principal building. ORONO CC 383 (4-1-84) manna srePT%%e FEB 2 6 20 REQUEST FOR COUNCIL ACTION O;r Y lJr URONO DATE: February 19, 2001 ITEM NO.: 11 Department Approval: Administrator Reviewed: Agenda Section: Name Paul Weinberger Zoning Title Zoning Administrator Item Description: #2450 Glenn and Sandra Gronberg 325 North Willow Drive Fxtension of Preliminary Plat Approval Zoning District: RR -I B Two Acre Rural Residential List of Exhibits: A Resolution Extending Preliminary Plat Approval B Resolution No. 4230 Approving Preliminary Plat C Plat Map Summary of Request: The City of Orono approved a two lot Preliminary Plat for Glenn and Sandra Gronberg on January 25, 1999. The property proposed for subdivision is land that is scheduled to be acquired by MnDot for the Highway 12 relocation. Because the property likely will be acquired for the Highway 12 project, Glenn and Sandra Gronberg have determined they will defer to complete the subdivision until MnDot has made a final determination on purchase of the property. Under the scenario the Highway 12 project would not proceed the Gronberg's would then request Final Plat approval. The City of Orono did extend the Preliminary Plat last year. Since MnDot has not begun acquiring property in Orono the Gronberg's have requested Orono extend preliminary approval an additional year until 2002. Staff has prepared a resolution extending the preliminary approval again with a preliminary plat expiration date of February, 2002. COUNCIL AOTION REQUESTED Motion to adopt the attached resolution. r A RESOLUTION GRANTING AN EXTENSION OF PRELIMINARY PLAT APPROVAL FOR A PLAT PROPOSED AT 325 WILLOW DRIVE NORTH FILE NO.2450 WHEREAS, on January 25, 1999 the City Council of the City of Orono adopted Resolution No. 4230 granting preliminary plat approval of a plat proposed by applicants Glenn M. Gronberg and Sandra L. Gronberg im olving the property located at 325 Willow Drive North; and WHEREAS, the Council approved an extension for the plat approval to extend thru the year 2000 until such time an extension could be granted thru 2001; and WHEREAS, the applicants have advised the Council that they are not completing the plat because the property proposed for platting is subject to MnDot acquiring the property for the tew Highway 12 extension; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono that the effective period of preliminary plat approval for Glenn M. and Sandra L. Gronberg's proposed plat of property located at 325 Willow Drive North as originally approved per the conditions of Resolution No. 4230, adopted on January 25, 1999, and extended to 2001, is hereby extended to February 26, 2002. Page 1 of 2 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 26th day of February, 2001. ATTEST: S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 26th day of February, 2001, by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 Q CITY of ORONO RESOLUTION OF THE CITY COUNCIL No. 4 J `+ fl A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL 325 WILLOW DRIVE NORTH FILE NO.2450 WHEREAS, Glenn M. Gronberg and Sandra L. Gronberg, (hereinafter the "subdivider") on December 16, 1998, filed a formal subdivision application with the City of Orono for approval of a two lot residential plat of property legally described as: Lot 3, Block 1, Spruce Acres, Hennepin County, Minnesota WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono's Zoning, Platting and On -Site Septic Codes, the Orono Planning Commission held a public hearing on January 19, 1999, 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 January 25, 1999, the Orono City Council considered the subdivision application of Glenn M. Gronberg rnd Sandra L. Gronberg notin.' the following findings of fact: 1. The property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of 5.07 acres, all considered dry buildable. 3. The proposed plat c,wsins two residential lots each meeting or exceeding the 2 acre minimum lot s;ze. Lot I contains 2.68 acres, and Lot 2 contains 2.02 acres. 4. Lot 2 currently contains a residence that was constructed in 1988. 5. Access to all lots shall be provided by the existing Outlet A, Spruce Acres currently owned by the applicant. .37 acre Outlet A within the new subdivision Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL No. 4 2 ; f) shall be joined with the existing outlot for the development of a private drive to serve four lots. Lots 1 and 2 in the Spruce Acres subdivision and Lots 1 and 2 in the new subdivision. The existing private drive would not be required to be developed until a building permit is issued for Lot 1 within the new subdivision. Prior to a building permit being issued the private road shall be developed to City standards and opened as a private road with the City being granted access and utility easements over the entire outlot. b. Primary and secondary septic sites have been identifi^d and recorded on the Preliminary Plat dated January 25, 1999, by Mark S. Gronberg for Lots I and 2. 7. Lots 1 and 2 meet all lot area and width requirements, and are considered buildable. 8. Non -Orono wetlands are located on Lot 1. Covenants for Type 11 and VI wetlands shall be filed on the chain of title. 9. The lot is scheduled to be acquired by MnDot as part of the Highway 12 redevelopment. The site is planned to be developed into a stormwater retention pond for stormwater runoff in the locality. NOW, THEREFORE, HE IT RESOLVED, that based upon either one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application for Glenn M. Cr•.onberg and Sandra L. Gronberg for the property located at 325 Willow Drive North per the survey dated January 25, 1999, by Mark S. Gronberg of Coffin and Gronberg, Inc. attached as "Exhibit A", subject to the following conditions: , Applicant to dedicate drainage and utility easements 10' along the boundaries of the property and road outlot, and 5' along all internal lot lines. 2. Applicant to develop covenant for Type 11 and VI wetlands located within Lot 1. The purpose of the covenant is to alert all future property owners of the need to protect the area if alterations are proposed to first obtain the necessary approvals from the Corps of Engineers and Minnehaha Creek Watershed District before applying for approvals from the City of Orono. Page 2 of 5 3. CITY of ORONO RESOLUTION OF THE CITY COUNCIL N0. 4 � () _ Park dedication fee for Lot 1 shall be paid to the City. 4. Prior to filing the plat with Hennepin County the property owner would be required to complete a title opinion on the lot proposed for subdivision. 5. Stormwater drainage and BMP plans sho_Id be reviewed and approved by the MCWD and City Engineer prior to final plat approval. 6. A Letter of Credit written to 150% of the costs shall be issued by the applicant to the City for any drainage and grading Flan required on the property, also for the development of the private road for access to North Willow Drive. 7. Cutlot A shall be given a new road name, and address assignments for Lots I and 2 as well as Lots 1 and 2 in the Spruce Acres subdivision at the time the private road is completed. 8. Developers Agreement has been executed. 9. Prior to new construction, future owners shall be responsible for staking and protecting the primary and alternate septic sites. The following list of final submittals must be submitted to the Planner/Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of each m,rth. Record plat drawings in the form of two (2) mylar copies and one (1) copy reduced to 1" = 200'. Drawing to include: A. Lot lines platted per prelimina.-y survey by Mark S. Gronberg dated January 25, 1999. B. Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. C. Name of plat. Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL N0. 4 2 0 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 shall provide certified copies of all recorded easements currently affecting the property. C. Signed and executed Developer's Agreement and Letter of Credit for construction of the private road and drainage improvements. D. Signed and executed Road and Utilities Easement over Outlot A. E. Signed and executed covenants defusing responsibility for construction and maintenance of the road in Owlot A, defining future financial obligations of affected property owners. F. Signed and executed covenants for Type 11 and VI wetlands within Lot 1. 3. Fees to be paid: Total due: S2Q0.00* A. Legal review and filing fees = S 200.00 B. •Pt,,'tt dedication fee of 8%, not to exceed $4,900, to be paid upon the filing of the final plat and associated documents. Page 4 of 5 CITY of ORONO RESOLUTION OF TH E CITY COUNCIL NO. 4 . E: Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 25th day of January, 1999. ATTEST: Linda S. Vee, City Clerk Gabrie Jabbottr, Mayor STAIR OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of January, 1999 by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAROLE AMP£.;..: f Notary Public h /�';.iry NJAA FMIC-M".•::AD f.'yCcr iplcn EgIisj 7%N—, P Page 5 of 5 i i / ,� 0N1 \ LEVERING' S WOODHAVEN 1 4l �L _`� 0 1 1-.2s-?5 31 A e V R y?�T�ufr� I INf��aYRI ki3 Ow 6 v trl u' j �. ,i � 33-118'•23�1� ra z � 4 T i sr ¢cce (S) (61 u (el 33'�18=23W- T - ProPo5ed rY ...........Am- la5 I I IIIIIIIIIIIIIIIIB se yes s - -- mnaoaarEa� a7—! pa1 a ���y4 aO lm 4 w n w A ELM LA U) • ID to - (b) i t S • (LI ca 6Y are�� EEB 2 6 20 REQUFST FOR COUNCIL ACTION pU� ur uHpryO DATE: FebmaryL23, 2001 ITEM NO.: ✓' Department Approval: Administrator Reviewed: Agenda Section: Name Paul Weinberger Zoning Title Zoning Administrator Item Description: s2550 Charles Van Eeckhout 120 South Brown Road Class III Subdivision Conditional Use Permit for a PRD Zonlne District: RR-1 B One Family Rural Residential Lu' -T rthibin: A Extcasion dated 12/18l00 B Denial Resolution C Plat Map D City Attorney Letter Regarding Property Access Issue (January 21, 2000) Background: The primary unresolved issue with this application was the applicant was to secure legal access acceptable to the City Attorney for a proposed platting of the property. As of the date of this memo, no access to the property has been secured by the applicant. The applicant has reviewed two options for access: I. Via a platted 40' corridor that is owned by an adjacent property owner. 2. Via access to Apple Glen Road which requires approval from the City of Long Lake. Staff has made several unsuccessful artem , to contact Mr. Van Eeckhout about further extension to the application deadline. The latest extension expires on 2/28/01. Staff has drafted a denial resolution attached as Exhibit B. COUNCIL ACTION REQUESTED Motion to adopt the denial resolution based on the findings noted in the attached resolution. e4 X ,O ci`, CITYof ORONO p f"/i niaatdpat omeea street Address 2750 Malley Parkway Orono, MN 55356 REQUEST TO EXTEND LAND USE APPLICATION #2550 City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Mailing Address: P 0. Boa 66 Crystal Bay, MN 55323 0066 I hereby agree to extend Zoning Application #2550 for subdivision requesting a seven Ir Planned Residential Development located at 120 South Brown Road. The term of this extension -nall be to February 28, 2001. 1 understand my Statutory obligation to receive action by the Orono ( try Council within a timely manner. This extended deadline is in addition to the extension previously granted!,, the City of Orono to permit additional time for review of the road access issue Property Owner/Applicant Charles Van Eeckhout 120 South Brown Road Long Lake, MN 5C5356 / 4-0 y61 G yn. Telephone (952) 2494600 • Fax (952) 2494616 www.d.orono. us d GC- sse�� rnllxrr� fE6 2 6 20 REQUEST FOR COUNCIL ACTION Olt Ur U1i090 DATE: February 23, 2001 ITEM NO.: 3 Department Approval: Administrator Reviewed: Agenda Section: Name Paul Weinberger Zoning Title Zoning Administrator 82550 Charles Van Eeckhout 120 South Brown Road Class III Subdivision Conditional Use Permit for a PRD Zonine District: RR-1 B One Familv Rural Residential List of Exhibits A Extension dated 12118.00 B Denial Resolution C Plat Map D City Attorney Letter Regarding Property Access Issue (January 21, 2000) Background: The primary unresolved issue with this application was the applicant was to secure legal access acceptable to the City Attorney for a proposed platting of the property. As of the date of this memo, no access to the property has been secured by the applicant. The applicant has reviewed two options for access Via a platted 40' corridor that is owned by an adjacent property owner. 2. Via access to Apple Glen Road which requires approval from the City of Long Lake. Staff has made several unsuccessful attempts to contact Mr. Van Eeckhout about further extension to the application deadline. The latest extension expires on 2/28/01. Staff has drafted a denial resolution attached as Exhibit B. COUNCIL ACTION REQUESTED Motion to adopt the den:_' csolution based on the findings noted in the attached resolution. A RESOLUTION DENYING PRELIMINARY PLAT FOR PROPERTY LOCATED AT 120 BROWN ROAD SOUTH FILE NO. 2550 WHEREAS, Charles Van Ecckhout (hereinafter the "applicant') filed an application requesting a Class III preliminary subdivision of property legally described as: Tract H, R.L.S. No. 352, Hennepin County, Minnesota. (hereinafter "the property"); and WHEREAS, The applicant has applied to the City of Orono (hereinafter 'the City") for a subdivision of property including a conditional use permit to penni the property to develop as a Planned Residential Development (PRD); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono Planning Commission held public bearings on November 15, 1999, January 19, 2000 and August 21, 2000, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby denies the request on a cote of _ to based on the following findings of fact: FINDINGS The City of Orono had identified two primary concerns, determination of the wetland boundary and road access, that would have required resolution prior to preliminary plat approval. 2. On October 16, 2000 a Technical Evaluation Panel (TEP), with representatives of the Minnehaha Creek Watershed District (MCWD), Hennepin Conservation Page 1 of 4 District, and Board of Water and Soil Resources met on the property to review the wetland boundary as delineated by Svobota Ecological Services (SES). 3. The TEP generally agreed to the delineation line as determined by SES. 4. The City of Orono has established an inventory of protected wetlands that are not considered buildable and valuable natural resources. Those areas shown on the 1974 wetland inventory are ➢9S credited towards buildable area for zoning purposes. A total of approximately 14 acres of the 20 ± land area is considered above the wetland boundary, based on the TEPs wetland review. 5. Access to the property has been proposed via a platted corridor through Tract G, R.L.S. No. 352. 6. Since 1954 Tract H has an easement over Tract G for driveway purposes. It is the City of Orono's position the easement is granted for driveway purposes, not roadway purposes. Prior o approving a subdivision, using Tract G for road access, the City must receive sufficient evidence that the owners of Tract G consent to the plat or an easement for road purposes be acquired in favor of Tract H. 7. The applicant has stated he has been unable to successfully negotiate an easement for road purposes wrn...,a owner of Tract G. 8. A revised site plan was received by the City of Orono in July, 2000 that would require access from Apple Glen Road in the City of Long Lake. The Cit}• of Orono has made a request to the City of Long Lake to comment and determine what right of access Long Lake would permit. 9. The applicant has not received approval for access to Apple Glen Road from the City of Long Lake. 10. The Council has determined the preferred option for access is via Tract G. Access through Apple Glen Road would have required the road be extended, additional traffic for additional residences and formal approval from the City of Long Lake had not been granted. Page 2 of 4 11. Tract G would provide an access that would meet the requirements for street width and provide a private road consistent with the City's policy that new developments designated as properties in rural Orono be serviced with private roads. 12. The applicant has not established evidence acceptable to the City Attorney that road access has been secured to all proposed lots. The City of Orono cannot approve the Preliminary Plat without the issue of legal access being resolved. 13. The City of Orono has a requirement all preliminary grading, storm water management and drainage plans are approved prior to Preliminary Plat approval. The City of Orono has not received revised drainage area maps and calculations to determine the storm water management plan is feasible. The only calculations that have been provided were submitted in January, 2000 based on the road construction off Brown Road South, not Apple Glen Road. Page 3 of 4 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 26th day of February, 2001. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA W. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 26th day of February, 2001, by Barbara A. Peterson & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 4 tID Iial n un it 1 Uoi e• % l�n tam im a d �R" .. S 1 lei vc;it it ` c� 0'9' ' LUf9iYIt • tiv). nl ; C;n Sid \6 thl _I Iv: m .��•' d7IJiYISI iro � lin � t0"t'. n d a7D sum t$ic tm E� ,v, LFCiIti] 3 C2 Isl +Un _ fR) s. w Y• �' —n a /w tali « Un jj t"� l It pn 437 ' tin a j _ v It, AG IN) a — nto 6�( a 4 e - Rrgr a J 't V) I v� a 3 - a l; til POD; ,a I tie:- 6 a« I la 03-i/7 a3-i3 Charles E. Van Eeckhout January 21, 2000 Page 1 HINSHAW & CULBERTSON AresATOX.vnugxsn rvaursx.vv roar a%uM,• 6LLV013 l4tR )1% aIC0.�CX0l0rra11�0a Gf0VM�iVT15TAFeT >OAW M1ORmA \ROGIICOD. MaCM)q .4UZVm15. K.11t30TA%V: A0LMAYF2MSC0MLV caAwuataunrou 1111:1]rR PDU.VA CouCo.61A'ol+ nJnaa. reouAua V QvieN.lAeJ eppAC .lyy/%% rX0 LV0e A116 OM A IA R.CNQO.LLL rLOrA K a0W0a0. a1LV01' 01 IAQ]QW011 fLOIIIDA R.I0U:f. r0f301'1: IOIIIt,0f fAVM CAIIIORViA lAFaOM.'A WfCOMq 31MGMiQML0.0LLV015 L=al IS 7homv J. Barrett uAVA no=m wA1.u0A,v.¢ OU Urea: 617.334-2676 T aarten�fiLuhanGw.eom January 21, 2000 Charles Van Eeckhout 120 South Brown Road Orono, MN 55365 Re: Proposed Plat for 12 South Brown Road, Orono City File No. 2550 Our File No. 752031 Dear Mr. Van Eeckhout: As you may be T..vare, we are the City Attorneys for the City of Orono. Paul Weinberger has referred your pending subdivision application to us to review the City's concerns relating to access. It is our understanding that vow subdivision proposal provides for access to the land from Brown Road over a private easement for driveway purposes. This easement was granted over Tract G, Registered Land Survey No. 352 pu-,swr1t to a N%mmarlty deed executed by Franc P. Daniels and Marion B. Daniels in favor of Olive C. Case dated July 19, 1954, recorded August 24, 1954, as Document No. 432783 in the office of the Hennepin County Registrar of Titles ("Easement"). We have reviewed the Easement, your certificate of title and the certificate of title for Tract G. Registered Land Survey No. 352 registered in the name of John F. Dun and MaryAnn Dunn (collectively "Dunn"). We question whether or not the proposed means of access meets the subdivision requirements of 8ie City or Orono. The City of Orono ordinances clearly provide that when a private roadway is serving three or more lots, that roadway shall be platted as an Outlot and the City may require an Charles E. Van Eeckhout January 21. 2000 Page 2 easement for road and utility purposes be granted over the Outlet to the public. In the past, the City has always required an easement over Outlets which provide private access to multiple lots. In this case, there is a private roadway proposed to serve three or more lots and a portion of the private road cross,.a over land owned by Dunn. It is our understanding that Dunn is not willing to join in the proposed plat to permit thr private roadway to be platted as an Outlot, nor will Dunn join in an easement to the City for underlying roadway and public utility purposes. As a result, the City must consider a variance from its ordinances to pemtit access to the proposed subdivision over a private a semen. The Easement is clearly granted for "driveway" purposes, not "roadway" purposes. We question whether the easement, as granted, is sufficient to support access to six or seven lots. Prior to approving the proposed subdivision, the City must receive sufficient evidence that Mr. and Mrs. Dunn approve of the proposed development and the increased use of the easement area. Such evidence may be in the form of Mr. and Mrs. Dunn's written consent to the final plat or, preferably, an amendment to the current easement agreement that clearly reflects that the access rights benefit and run with all of the new lots and identifies maintenance obligations for the roadway. As you and I discussed, the City will allow you to make a case that the easement for driveway purposes is sufficient to meet to requirements of Orono's subdivision ordinances, but the title commitment to the City of Orono which you provided to staff on Wednesday evening was insufficient to resolve the problem. It merely guaranteed Orono's interest in the easement as stated, but did not assure that either Orono's interest In an underlying public easement, or that the access rights of the six or seven lots which are being platted, can be derived from the easement for driveway purposes. You have suggested that there is case law and other legal authority that either the Title Company or your attorney would be willing to provide, and we stand ready to evaluate that material. But if it should prove insufficient, then certainly some sort of undertaking by Mr.'Dunn appears to be In order. If you have any questions regarding the access issues relating to the pending subdivision, please do not hesitate to contact me. Very truly yours, Thomas J. Barrett cc: Paul Weinberger To: Mayor Peterson and Councilmembers Ron Moorse, City Administrator From: Mike Gaffron, Planning Director �y,dy� l�f►d FEB 2 6 2000 Date: February 23, 2001 GITY Of GflONO Subject: #2631 RPUD Ordinance Final Draft for Adoption List of Exhibits A - Final Ordinance Draft in Adoption Format B - Summary Ordinance for Publication Council tabled this item on February 12 for additional review at the February 22 work session. Councilmembers had a few concerns regarding ..pplicability of the RPUD District to Shoreland properties, and about the potential RPUD impact on future development in the City. These were reviewed in the memo of February 16 which was discussed at the work session. Councilmember Flint also suggested some relatively minor changzs which were incorporated into a 6" draft that was distributed at the work session. As a result of the discussions, since the February 12 version the ordinance has been revised as follows: 1. Subd. 5(A)2 on Page 3: 5-acre Minimum. For the second potential finding which would allow Council to allow a IUD zoning for a parcel of less than 5 acres, "public street" has been substituted for "right-of-way" in terns ofdefining adjacency to an existing RPUD zone. 2. Subd. 5(A) on Page 3: Shoreland Applicability. Council concluded that no property nor portion of a property within 250' of the shoreline of a protected lake or tributary may be rezoned to RPUD. The language has been revised to allow RPRD development within the Shoreland District but not within 250' of the shoreline. 3. Subd. 5(E) on Page 4: Incentives. The language allowing the use of incentives for affordable and moderate cost housing has been revised to require a 20-year assurance rather than merely a "specific period of time" for keeping units affordable. 4. Subd. 5(F) on Page 5: Hardst rface. Maximum hardsurface coverage for a "High -density residential" (>6 units per acre) RPUD site has been reduced from 70%to 50%, matching the standard for low/mediunidensity residential (the serioi housing site plan is currently at about 45% and may end up slightly lower depending on final road contigui.,iion). 5. Subd. 5(G)2 on Page 6 and Subd 5(H)8 on Page 7: Heigh- of Buildings. The height standard language has been revised to omit the 2-1/2 story requirement, since the language "30 feet or 2-12 stories" was confusing and difficult to interpret. For multi -tamely buildings (Subd. 5(G)61 the height standard will be 30 feet, but for properties currently zoned or guided in the CMP for commercial use, height may exceed 30 feet but may not exceed 3 stories. For single-family uses in RPUD (Subd. 5(H)81, building height will be limited to 30 feet. Note: Staff will be proposing a similar Code change to the height standard for all other districts In the near future: RPUD Ordinance February 23, 2001 Page 2 6. Subd. 5(H)6 on Page 7: Side setbacks for Single-family. Language has been revised to require the side yard setback for a RPUD single-family lot that abuts another residential zoning district, to meet the side yard setback of that adjacent district. 7. Subd.5(N)2(a)on Page 10: Minimum Landscape Value. The Minimum Landscape Value table has been replaced by a new table defining the minimum numbers of trees & shrubs required based on the size of the building or site perimeter. This reduces the poscbility of a developer meeting the landscaping obligation by installing a few high -value li ndscdping amenities and leaving the remainder of the site under -landscaped. It also makes applica:inn of the ordinance more objective and easier to interpret. The proposed numbers of trees are similar to the numbers appearing in the zoning ordinances for Plymouth and Brooklyn Park. 8. Subd. 5(N)3(a) on Page 11: Parking Lot Landscaping. The threshold number of stalls at which landscape islands must be installed in parking lots has been reduced from 150 to 100. 9. Subd.5(T) on Page 16: Lighting. Section SIT) on lighting standards has been added.. fhe RPUD section merely references that the RPUD district is subject to the lighting performance standards of the zoning chapter. Staff will very shortly be proposing an update of the lighting standards in the General Performance Standards section of the Zoning Code, which will be applicable to all districts. 10. Subd. 5(U) on Page 17: Trails. Section 5(U) requiring provision of trails at the developers' expense has been added. Where required, trails will be required within development sites andior within public rights -of -way at the City's discretion, will be 8' wide, and will be of bituminous surface unless the City allows some other material. 11. Various Sections: re: Trails. Where appropriate, the word "trails" has been added to list of required plan submittals or where trails are noted as a site feature similar to parking areas, driveways, sidewalks, etc. Staff Recommendation Staff recommends adoption of the ordinance as amended, as it appears in Exhibit A. Staff also recommends adoption of the Summary Ordinance for Publication as it appears in Exhibit B. COUNCIL ACTION REQUESTED Motion to adopt the RPUD ordinance and the Summary Ordinance for Publication. Proposed motion: Moved by _, seconded by _, to adopt Ordinance No. _ , Second Series, An Ordinance Amending Chapter 10 of the Orono Municipal Code By Adding Section 10.33, RPUD Residet.tial Planned Unit Development District: and further adopting the Summary Ordinance for Publication of said Ordinance. Vote: _ayes, _nays. exN . -4 ORDINANCE NO. , SECOND SERIES AN ORDINANCE AMENDING CHAPTER 10 OF THE ORONO MUNICIPAL CODE, BY ADDING SECTION 10.33, RPUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT The City Council of Orono ordains as follows: Section 1. Municipa, Zoning Code Chapter 10 is hereby amended by adding Section 10.33, RPUD Residential Planned Unit Development District, to read as follows: "SEC. 10.33 RPUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. Subd.l. Purpose. The purpose ofthe Residential Planned Unit Development(RPUD) district is to provide a district which will allow for the implementation of certain residential housing goals established in the 2000-2020 Orono Community Management Plan ('CMP' or 'Comprehensive Plan'). The RPUD District is established to accommodate the densities and types of residential development contemplated in the CMP by incorporating the principles of the Planned Unit Development concept. The RPUD District will encourage the following: A. flexibility in land development and redevelopment in order to utilize new techniques of building design, construction and land development; B. provision of housing to meet lifecycle, and affordable and moderate cost housing needs; C. energy conservation through the use of more efficient building designs and sitings and the clustering of buildings and land uses; D. preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes, poor soils and trees; E. high quality of design and design compatible with surrounding land uses, including both existing and planned; F. sensitive development in transitional areas located between different land uses and along significant corridors within the city; and G. development which is consistent with the Comprehensive Plan. Subd. 2. Permitted Uses. Within the RPUD District, no land or structures shall be used except for one or more of the following uses: Page I of 22 A. Any 'Permitted Use' as regulated in the R-IA District. B. Multi -family attached dwellings only when consistent with the Comprehensive Plan, and only within the areas of Ee City designated as Urban Area in the Comprehensive Plan. Subd. 3. Conditional Uses. Within the RPUD district, no land or structure shall be used for the following uses except by conditional use permit: A. Public Service Structures. Public service structures, including but not limited to electric transmission lines, buildings such as telephone exchange stations, booster or pressure regulating stations, wells, and plumbing stations, elevated tanks, lift stations and electrical power substations, provided no building shall be located within 50' from any lot line of an abutting lot in an "It" District. Prior to granting such permit it shall be found that the architectural design of service structures is compatible to the neighborhood in which it is to be located and thus will promote the general welfare. Public service structures as defined above that have been approved by the City at required public hearings for public improvement projects shall not require a conditional use permit but such structures shall be subject to all other appropriate standards set forth in this section; amendments to approved plans involving design and/or placement of these structures will require written notice by the City to all affected property owners 14 days prior to the adoption of the amended plans by the Council. Personal wireless services and commercial broadcasting antennas and lowers shall not be considered public service structures. Uses allowed by conditional use permit shall be reviewed for compliance with the PUD master development plan and with the applicable conditional use permit standards of this ordinance. Uses allowed by conditional use permit shall also be subject to site and building plan review pursuant to this ordinance. Subd. 4. Accessory Uses. Within the RPUD District the following uses shall be a permitted accessory use: A. Any accessory use except for "Roadside Stands" as regulated in the R- I A District. Page 2 of 22 B. Privately owned buildings to be used for recreation or social purposes. or for use as storage areas for maintenance equipment or rubbish. Subd. 5. Development Standards. Within the RPUD District all development shall be in compliance with the following: A. Minimum Area; Shoreland District Limitation. Each site proposed for rezoning to RPUD shall have a minimum area of five acres, excluding areas within a designated wetland, floodplain or shoreland district or right-of-way, unless the Council finds the existence of one of the following: 1. Unusual physical features of the property itself or of the surrounding neighborhood such that development as a RPUD will conserve a physical or topographic feature of importance to the neighborhood or community; 2. The property is directly adjacent to or across a public street from property which has beendeveloped previously as a RPUD or planned residential development and will be perceived as and will function as an extension of that previously approved development; 3. The property is located in an area where the proposed development provides a transition between a commercial or industrial area and an existing residential area or on an intermediate or principal arterial as defined in the comprehensive plan; 4. The property contains steep slopes or a substantial number of significant trees that could be preserved through the clustering of buildings or other design techniques not generally allowed by the existing zoning district. No property located within 250 feet of the OHWL of a Protected Lake or Tributary as defined in the Shoreland Management section of the Orono Zoning Code shall be rezoned to RPUD. However, for a property that is partially located less than 250 feet from the OHWL and partially located more than 250 feet from the OHWL, the portion located more than 250' from the OHWL may be rezoned to RPUD at the discretion of the City Council when all other requirements are met. Page 3 of 22 B. Uses. Each property rezoned to RPUD shall only be used for the use or uses for which the site is designated in the comprehensive plan. except that the ciq may permit rezoning to RPUD on a site designated for commercial use if the City Council finds that such use is in the best interests of the city and is consistent with the requirements of this section. If a commercial site is to be rezoned to RPUD, the city may forward a copy of the request to the Metropolitan Council for review. C. Sewer Availability. A site proposed to be rezoned to RPUD with proposed density greater than 1 unit per 2 acres must be in the MUSA and must be serviced by municipal sewer. D. Density. Each development in the RPUD district shall have a density within the range specified in the Comprehensive Plan for the specific site. If the site is not designated in the Comprehensive Plan for residential use, the appropriate density shall be determined by the City based upon the City Council's finding that such density is consistent with the intent of this ordinance and of the Comprehensive Plan. Developments with proposed densities in excess of the densities contemplated in the Comprehensive Plan shall be allowed only on properties which are currently zoned and guided for commercial use. in order to maintain the character and integrity of the areas zoned and guided for residential use. E. Incentives. The city may utilize incentives to encourage the construction of projects which are consistent with the eity's Sousing goals. Incentives may include modification of density (only for properties currently zoned and guided for commercial use) and floor area ratio requirements for developments providing lifecycle housing and affordable and moderate cost housing. Incentives for affordable and moderate cost housing may be approved by the city only after the developer and city have entered into an agreement to ensure that the low and moderate cost units remain available to persons of low and moderate inc�-,P for at least 20 years. F. Site Coverage. Hardsurface coverages and floor area ratios (FAR's) shall be limited per the following table: Page 4 � 22 Comprehensive Plan Designation Maximum Maximum Hardsurface Floor Area Coverage(%) Ratio' Low or medium density residential 50 0.5 (up to and including 6.0 units per acre) High density residential 50 1.0 (in excess of 6.0 units per acre) •FAR - Total Building Floor Area / Total Lot Area Individual lots within a development in the RPUU district may exceed these standards as long as the average meets these standards. G. Development Standards for Attached and Multi -Family DwelFug Structures. Each site rezoned to RPUD and developed for attached or multiple fwnily dwelling uses shall be subject to the following standards: Setbacks and Senamtion of Uses. Within the RPUD district the setback for all attached and multi -family dwelling buildings and their accessory buildings from any bordering or abutting street line shall be 35 feet for local streets and 50 feet from railroad lines or collector orarterial streets, as designated in the comprehensive plan, except that in no case shall the setback be less than the height of the building. The setback for all buildings from exterior RPUD site lot lines not abutting a public street shall be 35 feet except that in no case shall the setback be less than the height of the building. Building setbacks from internal public streets shall bedetermined by the city based on characteristics of the specific RPUD site. Parking lots and driving lanes shall be set back at least 20 feet from all exterior lot lines of a RPUD site. The setback for parking structures including decks and ramps shall be 35 feet from local streets and 50 feet from all other street classifications except that in no case shall the setback be less than the height of the structure. Parking structure setbacks from external lot lines shall be 50 feet or the height of the structure, whichever is greater when adjacent to residential properties: 35 feet when Page 5 of 22 adjacent to non-residential properties. Parking structure setbacks from internal public or private streets shall be determined by the city based on characteristics of the specific RPUD site. Where industrial uses abut developed or platted single family lots outside the RPUD site, greater exterior building and parking setbacks may be required in order to provide effective screening. The City Council shall make a determination regarding the adequacy of screening proposed by the applicant. Screening may include the use of natural topography or earth berming, existing and proposed plantings and other features such as roadways and wetlands which provide separation of uses. Property rezoned to RPUD shall be considered a residential district for purposes of determining building and parking setback requirements on adjacent high density residential, commercial and industrial property outside the RPUD. Height Limitations. For properties guided for residential use in the Comprehensive Plan, a building height limit of 30 feet shall apply. For properties current!v zoned or guided in the Comprehensive Plan for commercial use, height may exceed 30 feet but shall not exceed 3 stories (not including underground parking level) and shall maintain a residential character by incorporating pitched or hipped roof structure. No mansard or flat roofed multiple family buildings will be allowed. 3. Outside Storage Limitations. Outside storage of building materials, recreational vehicles, boats, RV's, snowmobiles, and other items of personal property shall not be stored outside within any site used for attached or multi -family uses. C. Development Standards for Single -Family Detached Dwellings in the RPUD District. Each RPUD site developed for single family detached dwellings at medium density (i.e. densities ranging from 1 unit per acre to 6 units per acre) shall be subject to the following standards: Page 6 of 22 Permitted locations: In areas of the City where smaller single family detached dwelling lots will allow for clustering to preserve significant natural features, or in areas where a mixture of higher density attached dwellings and lower density detached single family dwellings will result in a development that does not exceed the overall guided density. 2. Minimum SFR lot size: 15,000 s.f. 3. Minimum lot width at the setback line: 90 feet. 4. Minimum lot depth: 125 feet. 5. Minimum front yard setback: 25 feet on internal streets within the RPUD site. On exterior or through streets a setback of 35 feet must be provided on local streets and 50 foot setback on collector or arterial streets as defined in the Comprehensive Plan. 6. Minimum side yard setback: 10 feet along interior lot lines; 15 feet on lot lines along the exterior of the RPUD site. Sideyards abutting streets must meet the minimum front yard setbacks as noted abore. Structures in side yards abutting another residential zoning district shall meet the side yard setback requirement of the adjacent zoning district. 7. Rear yard setback:.airtimurn of 40 feet or 20 percent of the depth of the lot, whichever is less. 8. Building height: maximum of 30 feet. 9. All dwelling units. including manufactured homes, shall have a depth .`-:!east _0 feet for at leas: 50 percent of their width. All dwelling units. including manufactured homes, shall have a width of at least 20 feet for at least 50 percent of their depth. 10. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. Page 7 of 22 11. Accessory structures shall conform to the setbacks established for principal structures, except as follows: A. all accessory structures located more than 10 feet from a principal structure may be located a minimum of 10 feet from a rear or side lot line, when that line does not abut a street right-of-way. B. no accessory structure shall be located ctoger to the front lot line than the principal structure. regardless of the principal structure setback. 12. No accessory structure shall occupy more than 30 percent of the side or rear yard in which i. s located, nor exceea t.000 square feet in area, nor exceed 12 feet in height. 13. Off-street parking shall be provided for at least two vehicles for each single family dwelling. A suitable location for a garage measuring at least 20 feet by 24 feet without a variance shall be provided and indicated as such on a survey or site plan to be submitted when applying for a building permit to construct a new dwelling or alter an existing garage. 1. More Than One Building Allowed. More than one building may be placed on one platted or recorded lot in a RPUD site. J. Single Housing Type Permitted. Any RPUD development which involves a single housing type shall be permitted prodded that it is otherwise consistent with the objectives of this ordinance and the comprehensive plan. K. Private Recreational Area. Each RPUD development shall provide a minimum of 10 percent of the gross project area in private recreational uses for project residents. Such area shall be for active or passive recreational uses suited to the needs of the residents of the project, including swimming puuir ma115, nature areas. picnic areas. tot lots and saunas. Private recreational area requirements are in addition to the standard park dedication requirements. Page 8 of 22 L. Ownership. All property to be included within a RPUD development shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved master development plan and final site and building plan. M. Signage. Signs shall be restricted to those which are permitted in a sign plan approved by the city and shall be regulated by permanent covenants. N. Landscaping, Screening and Buffering. I. Landscape Plan Requirements. Landscape plans shall be prepared by a landscape architect or other qualified person acceptable to the City, drawn to t ie scale of not less than 1 inch equals 50 feet and shall show the following: a) boundary lines of t.... property with accurate dimensions; a) locations of existing and proposed buildings, parking lots, roads, trails and other improvements; b) proposed grading plan with 2-foot contour intervals; c) location, approximate sin and common name of existing trees and shrubs; d) a planting schedule containing symbols, quantities, common and botanical names, size of plant materials, not condition and special planting instructions; e) planting details illustrating proposed locations of all new plant material; t) locations and details of other landscape features including berms, fences and planter boxes; g) details of restoration of disturbed areas including areas to be sodded and seeded; h) location and details of irrigation systems; and i) details and cross sections of all required screening. Page 9 of 22 2. Minimum Landscaping Requirements. a) All open areas of a lot which are not used or improved for required parking areas, drives, trails or storage shall be landscaped with a combination of deciduous and coniferous species including overstory trees, underston trees, shrubs, flowers and groundcover materials. The plan for landscaping shall include ground rover. bushes, shrubbery, trees, sculpture, foundations. decorative walks or other similar site design features or materials in a quantity, having a minimum value in conformance with the following table: Minimum Tree and Shrub Requirements Vegetation Type sw Quantity Overstory Deciduous Trees 2.5" bb (Caliper) I tree per 1,000 gross square feet of building footprint area or 1 zee per 40 lineal feet of site perimeter, whichever is greater Coniferous Trees C height bb Minimum of 300/6of required overstory, trees most be coniferous Understory Shrubs 3 gal. patted or I shrub per 300 gross square feet of building footprint area or i 18" shrub per 30 lineal feet of site perimeter, whichever is greater Ornamental deciduous trees 1.5" bb (Caliper) Not required; but 2 omamental deciduous trees may be substimud for 1 required overstory deciduous nee (maximum substitution=35% of required uverstory deciduous trees) Credits for Existing Trees: The City Council shall have sole discretion whether credit shall be granted for existing healthy trees In instances where healthy plant materials of acceptable species exist on a site prior to its development, the application of the standards in this section may be adjusted by the City to allow credit for such material. frovided that such adjustment is consistent with the intent of this ordinance. b) Areasonable attempt shall bemade topreserve asmam existing trees as is practicable and to incorporate them into the site plan. Page 10 of 22 c) All new overstory trees shall be balled and burlapped or moved from the growing site by tree spade. Deciduous trees shall have a minimum caliper of 2%2 inches. Coniferous trees shall be a minimum of six feet in height. Ornamental trees shall have a minimum caliper of 1'/2 inches. d) All site areas not covered by buildings, sidewalks, oarkine lots, driveways, trails, patios, or simih.r hardsurface materials shall be covered with sod or an equivalent ground cover approved by the city. This requirement shall not apply to site areas retained in a natural state. e) In order to provide for adequate maintenance of landscaped areas, an underground sprinkler system shall be provided as part of each new development, except one and two family dwellings and additions to existing structures which do not at least equal the floor area of the existing structure. A sprinkler system shall be provided for all landscaped areas except areas to be preserved in a natural state. I) \ot more than 50 percent of the required number of trees shall be composed of one species. The City shall maintain a list of prohibited species which shall not be used for landscaping. 3. Interior Parking Lot Landscaping. a) All parking lots containing over 100 stalls shall be designed to incorporate unpaved, landscaped islands in number and dimension as required by the City. All landscape islands shall contain a minimum of I80 square feet. Islands which are necessary to promote the safe and efficient flow of traffic shall not be subject to the " ; W stall" standard and shall be required by the city when warranted. Page I I of 22 b) Parking lot landscape areas, including landscape islands, shall be reasonably distributed throughout the parking lot area so as to break up expanses of paved areas. Parking lot landscape areas shall be provided with deciduous shade trees, ornamental or evergreen trees, plus ground cover, mulch and/or shrubbery as dete.-mined appropriate by the Planning Commission. Parking lot landscape trees shall be provided at the rate ofone tree for each 1= surface parking spaces provided, or major fraction thereof. Parking lot landscaping shall be contained in planting beds bordered by a raised concrete curb or equivalent approved by the Planning Commission. Maintenance of Landscaping. The owner, tenant and their respective agents shall be jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and orderly appearance and free from refuse and debris. Plants and ground cover which are required by an approved site or landscape plan, and which have died shall be replaced within three months of notification by the city. However, the time for compliance may be extended up to nine months by the city in order to allow for seasonal or weather conditions. Retaining Walls. Retaining walls exceeding four feet in height, and staged walls which cumulatively exceed 16 feet in height or involve more than 4 tiers, must be constructed in accordance with plans prepared by a registered engineer or landscape architect. Landscaping Performance Security Required. When screening, landscaping or other similar improvements to property are required by this ordinance a letter of credit shall be supplied by the owner in an amount equal to at least one and one-halftimes the value of such screening, landscaping or other improvements. The letter of credit shall be conditioned upon reimbursement of all expenses incurred by the city for Page 12 of 22 engineering, legal, contracting or other fees in connection with making or completing such improvements. The letter of credit shall be provided prior to the issuance of my buitdinc permit and shall be valid for a period of time equal to amt n%o full growing seasons after the date of installation of the landscaping. The city may eccept some other form of security in lieu of a letter of credit in an amount and under such conditions that the city may determine to be appropriate. In the event that construction of the project is not completed tsithin the time prescribed by building permits and other apprm als, the city may, at its option, wmPICt, the work required at the expense of the awner and the surety. The city may allow an extended period of time for completion of all landscaping if the delay is due to conditions %%Leh are reasonably beyond the control of the developer. Extensions which may not exceed nine months, may be granted due to seasonal or weather conditions. When an extension is granted. the city shall require such additional security as r, deems appropriate. 7. Screening and Buffering. a) The following uses shall be screened or buffered in accordance with the requirements of this subdi%ision: Principal buildings and structures and any building or structure accessory thereto ued for residential uses at a density of greater than 4 units per acre shall be buffered from residential lots located in any "R" district. Off-street parking facilities containing six or more spaces shall be buffered from streets located within 50 feet. Parking facilities shall be buffered with landscape zones. Page 13 of 22 3. Loading docks shall be screened from all lot lines and public roads. 4. Trash storage facilities shall be screened from all lot lines and public roads. S. Access roads serving multi -family buildings shall be screened as necessary to eliminate the impact of vehicle headlights shining toward adjacent residential neighborhoods. b) Required screening or buffering may be achieved with fences, walls, earth berms, hedges, or other landscape materials. All walls and fences shall be architecturally harmonious with the principal building. Earth berms shall not exceed a slope of 3:1, The screen shall be designed to employ materials which provide an effective visual barrier during all seasons. c) All required screening or buffering shall be located on the lot occupied by the use. building, facility or structure to be screened. No screening or buffering shall be located on any public right-of-way or within eight feet of the traveled portion of any street or highway. d) Screening or buffering required by this section shall be of a height needed to accomplish the goals of this section. Screening methods incorporating roofs over storage, trash or mechanical facilities to screen from higheradjacent propertiesor buildings may be requierd. Height of plantings required under this section shall be measured at the time of installation. O. Architectural Standards. It is not the intent of the City to restrict design freedom unduly when reviewing project architecture in curmz::ion with a site and building plan. However, it is in the best interest of the City Page 14 of 22 to promote high standards of architectural design and compatibility with surrounding structures and neighborhoods. Architectural plans shall be prepared by an architect or other qualified persons acceptable to the City and shall show the following for all structures other than single family detached dwellings: a) elevations of all sides of the building; b) type and color of exterior building materials; c) a typical floor plan; d) dimensions of all structures; e) the location of trash and recycling containers and of heating, Ventilation and air conditioning equipment. 2. Unadorned prestressed concrete panels, concrete block and unfinished metal shall not be permitted as exterior materials for residential principal and accessory buildings. This restriction shall apply to all principal structures and to all accessory buildings. The city may, at its discretion, allow architecturally enhanced block or concrete panels. 3. Accessory buildings shall be architecturally compatible with principal structures. 4. All rooftop or ground mounted mechanical equipment and exterior trash and recycling storage areas shall be fully enclosed or screened so as to be not visible with materials compatible with the principal structure. 5. Underground utilities shall be provided for all new and substantially renovated structures (substantially renovated shall mean when the renovations exceed 30% of the pre -renovation value of the structure). Page 15 of 22 P. Flexibility. The uniqueness of each RPUD requiresth...specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification from the city ordinances ordinarily governing them. The city council may therefore approve streets, utilities, public facilities and land subdivisions which are n-t in compliance with usual specifications or ordinance requirements if it finds that strict adherence to such standards or requirements is not required to meet the intent of this section or to protect the health, safety or welfare of the residents of the RPUD, the surrounding area or the city as a whole. Q. Traffic Studies. The City may require a traffic analysis to be prepared by a registered traffic engineer approved by the City to assess potential traffic irr^acts on local streets. If impacts on service levels of roadways and intersections are anticipated, the project will be approved only contingent upon a traffic manag, ment plan that adequately mitigates those impacts. The plan may include travel demand management strategies, use of transit facilities or other appropriate measures to reduce traffic generation, and necessary improvements to road systems. The developer shall have the responsibility to install all necessary road system improvements. R. Building Permits. No building or other permit shall be issued for any work on property included within a proposed or approved RPUD development nor shall any work occur unless such work is in compliance with the proposed or approved RPUD development. S. General Regulations Applicability. The requirements contained in this ordinance pertaining to general regulations for residential districts and performance standards shall apply to a RPUD development as deemed appropriate by the city. T. Lighting Standards. All RPUD developments shall be subject to the general performance standards for lighting per the Zoning Chapter. U. Trails When any portion ofthe project is within 1000 feet of a public trail .,stem, pedestri= access shall be provided to the trail system by means of a public trail constructed at the developer's expense. Where Page 16 of 22 public rights -of -way are are availahle,al the City's discretion the trail may utilize the public right-of-way. Trails shall be of bituminous construction, or such other material as may be approved by the City and shall be not less than 8 fee! in width. Subd. 6. Review of Application; Procedures. A. Concept Plan Review. In order to receive guidance in the design of a RPUD prior to submission of a formal application, an applicant may submit a concept plan for review and comment by the planning commission and city council. Submission of a concept plan is optional but is highly recommended for large RPUDs. In order for the review to be of most help to the applicant, the concept plan should contain such specific information as is suggested by the city. Generally, this information should include the following: 1) approximate building, road and trail locations; 2) height, bulk and square footage of buildings; 3) type and square footage of specific land uses; 4) number of dwelling units; 5) generalized grading plan showing areas to be cut, filled and preserved; and 6) staging and timing of the development. The comments of the planning commission and city council shall address the consistency of tho concept plan with this section. The comments of the planning commission and city council shall be for guidance only and, ifpositive, shall not be considered binding upon the planning commission or city council regarding approval of the formal RPUD application when submitted. B. Master Development Plan and Rezoning. Approval of a rezoning to RPUD and approval of a master development plan shall be subject to the procedures outlined in the Zoning Code for a zoning map amendment. The masterdevempment plan shall contain the following: 1) building location, height, bulk and square footage; 2) type and square footage of specific land uses; 3) number of dwelling units; 4) detailed street ettd utility locations and sizes; 5) parking layout; Page 17 of 22 6) drainage plan, including location and size of pipes and water storage areas; 7) grading plan and drainage plan including 2-foot contours; 8) generalized landscape plan; 9) generalized plan for uniform signs and lighting; 10) plan for liming and phasing of the development; 11) covenants or other restrictions proposed for the regulation of the development; 12) renderings or elevations of all sides of buildings to be constructed in the first phase of the development; 13) trail plan; and 14) lighting plan. Approval of the master development plan shall indicate approval of the previously listed items and shall occur in conjunction with rezoning of the property to RPUD. After rezoning of the property to RPUD, nothing shall be constructed on the RPUD site except in conformance with the approved plans and this section. The procedure for notification of and public hearing on the master development plan shall be the same as required fora zoning map amendment by this ordinance. Development Agreement/Financial Guarantee. Following the approval of the Master Development Plan but prior to final plan approval, the applicant shall enter into an agreement with the City relating to the terms of the RPUD development, and shall also provide such financial guarantees as the City requires or deems necessary. Such agreement may take the form of: 1) a development contract; and/or 2) a Site Improvement Performance Agreement; and/or 3) another form of binding instrument as may be required by the City. C. Final Site and Building Plan. Approval of a final site and building plan for the entire RPUD or for specific parts of the RPUD shall be subject to the procedures outlined in this ordinance. The final site and building plan shall contain information as required by the city, including the following: 1) detailed utility, street, grading and drainage plans: 2) detailed building elevations and Boor plans; Page 18 of 22 3) detailed landscaping, sign and lighting plans; and 4) detailed trail plan. D. Substantial Compliance. The final site and building plan shall be in substantial compliance with the approved masc: development plan. Substantial compliance shall mean: I) buildings, parking areas, mid roads and trail s are in substantially the same location as previously approved: 2) the number of residential living units has not increased or decreased from that ;ppro%ed in the master development plan; 3) the gross floor area of any individual building has not been increased from that approved in the master development plan; 4) there has been no increase in the number of stories in any building; 5) open space has not been decreased or altered to change its original design or intended use: and 6) all special conditions required on the master development plan by the city ha- a been incorporated into the final site and building plan. Approval of a final site and building plan shall s:zni6 approval of all plans necessary prior to application for a building permit, subject to conformance with any conditions on the approval and subject to other necessary approvals by the city. E. Simultaneous Review. Applicants may combine the final site and building plan review with the master development plan review by submitting all information required for both stages simultaneously. F. Basis For Approval; Conditions. In evaluating a site and building plan. the planning commission and city council shall base their recommendations and actions regarding approval of a RPUD on a consideration of the following: 1) compatibility of the proposed plan with this section and consistency with the goals, policies, and objectives of the Comprehensive Plan and Surface Water Management Plan; Page 19 of 22 2) preservation of the site in its natural state to the greatest extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general character and appearance of neighboring properties; 3) creation of compatible relationships between buildings and open spaces both on the site and adjacent to it, incorporating natural site features and with existing and future buildings having a visual relationship to the development, giving spec?al attention to: 1) an internal sense of order for the buildings and uses on the site and provision of a desirable environment for occupants. visitors and the general community; 2) the amount and location of open space and landscaping; 3) materials, textures, colors and details of construction as an expression of the design concept and the compatibilin of the same with, the adjacent and neighboring structures and uses; and vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. 4) promotion of energy conservation through design, location, orientation and elevation of structures, the use and location of glass in structures and the use of landscape materials and site grading: 5) protection of adjacent and neighboring properties through reasonable provisions for surface water drainage, sound and sight buffers. preservation of Page 20 of 22 views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects or, neighboring !and uses.; and 6) such other factors as the planning commission or city council deem relevant. The planning commission and city council may attach sach conditions to their actions as they shall determine necessary or convenient to better accomplish the purposes of this section. Subd. 7. Term of Approval. If application has not been made for a final site and building plan approval pursuant to the approved master development plan for all or a pan of the property within a RPUD by December 31 of the year following the date on which the RPUD zoning map amendment became effective or if within that period no extension of time has been granted, the city council may rezone the property to the original zoning classification at the time of the RPUD application or to a zoning classification consistent with the comprehensive plan designation for the property. In the absence of a rezoning, the approved master development plan shall remain the legal control governing development ofthe property included within the RPUD. Ifconstrnction on the property included within an approved final site and building plan has not started by December 31 of the year following the date on which such final site and building plan was approved or if building construction in a phase of a RPUD approved to be built in phases has not started within this period or if within that period no extension of the time has been granted, the city council may rezone the property to the original zoning classification at the time of the RPUD application or to a zoning classification consistent with the comprehensive plan designation for the property. In the absence of rezoning, the approved master development plan and final site and building plan shall remain the legal control governing development of the property included within the RPUD. Subd.S. Amendments. Major amendments to an approved master development plan may be approved by the city council after review by the planning commission. The notification and public hearing procedure for such amendment shall be the same as for approval of the original RPUD. A major amendment is any amendment which: a) substantially alters the location of buildings, parking areas or roads: 2) increases or decreases the number of residential dwelling units; c) increases the gross floor area of any individual building ; Page 21 of 22 d) increases the number of stories of any building; e) decreases the amount of open space or alters it in such a way as to change its original design or intended use; or f) creates non-compliance with any special condition auached to the approval of the master development plan. Any other amendment may be made through review and approval by a simple majority vote of the Council. Subd. 9. Exceptions. This section shall not apply to any residential PUD or PRD which has received preliminary or final approval by the city council prior to the effective date of this ordinance unless s tch is requested by the property owner and approved by the city council." Section 2. Adoption and Publication. A summary of this ordinance shall be published in The Pioneer and The Laker newspapers, and this ordinance shall become effective immediately upon publication. Adopted by the City Council of Orono, Minnesota on this 26th day of February, 2001 by a vote of _ayes and _nays. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor Page 22 of 22 SUMMARY OF ORDINANCE NO. ,SECOND SERIES gT B , ORDINANCE NO. , SECOND SERIES AN ORDINANCE AMENDING CHAPTER 10 OF THE ORONO MUNICIPAL CODE BY ADDING SECTION 1033, RPUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT The following is the official summary of Ordinance No., Second Series approved by the City Council of the City of Orono on February 26, 2001. Municipal Zoning Code Chapter 10 is amended by adding Section 10.33, kKJD Residential Planned Unit Development District, to read as follows: "SEC.1033 RPUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. Subd.l. Purpose. The purpose of the Residential Planned Unit Development(RPUD)district is to provide a district which will allow for the implementation of certain residential housing goals established in the 2000-2020 Orono Community Management Plan ('CMP' or 'Comprehensive Plan'). The RPUD District i., established to accommodate the densities and types of residential development contemplated in We CMP by incorporating the f.inciples of the Planned Unit Development concept. The RPUD District will encourage the following: A. flexibility in land development and redevelopment in order to utilize new techniques of building design, construction and land development; B. provision of housing to meet lifecycle, and affordaule and moderate cost housing needs; C. energy conservation through the use of more efficient building designs and sitings and the clustering of buildings and land uses; D. preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes, poor soils and trees; E. high quality of design and design compatible with surrounding land uses, including both existing and planned; F. sensitive development in transitional areas located between different land uses and along significant corridors within the city; and G. development which is consistent with the Comprehensive Plan. Page I of 5 Subd. 2. Permitted Uses. Within the RPUD District, no land or structures shall be used except for one or more of the following uses: A. Any 'Permitted Use' as regulated in the R-IA District. B. Multi -family attached dwellings only when consistent with the Comprehc-=ive Plan, and only within the areas of the City designated as Urban Area in the Comprehensive Plan. Subd. 3. Conditional Uses. Within the RPUD district, no land or structure shall he used for the following uses except by conditional use permit: A. Public Service Structures. Subd. 4. Accessory Uses. Within the RPUD District the following uses shall be a permitted accessory use: A. Any accessory use except for "Roadside Stands" as regulated in the R-IA District. B. Privately owned buildings to be used for recreation or social purposes. or for use as storage areas for maintenance equipment or rubbish. Subd. 5. Development Standards. Within the RPUD Distr:cl all development shall be in compliance with dte following standards which are detailed in the ordinance: A. Minimum Site Area; Shoreland District Limitations. e. Specified Uses Per Comprehensive Plan. C. Sewer Availability. D. Density. E. Incentives for Consistency with Comprehensive Plan. F. Site Coverage. G. Development Standards for Attached and Multi -Family Dwelling Structures. H. Development Standards for Single -Family Detached Dwellings in the RPUD District. 1. More Than One Building Allowed. J. Single Housing Type Permitted. K. Private Recreational Area L. Ownership. M. Signage. N. Landscaping, Screening and Buffering. O. Architectural Standards P. Flexibility Page 2 of 5 Q. Traffic Studies R. Building Permits. S. General Regulations Applicability. T. Lighting U. Trails Subd. 6. Review of Application; Procedures. A. Concept Plan Review. In order to receive guidance in the design of a RPUD prior to submission of a formal application, an applicant may submit a concept plan for review and comment by the planting commission and city council. Submission of a concept plan is optional but is highly recommended for large RPUDs. In order for the review to be of most help to the applicant, the concept plan should contain such specific information as listed in this ordinance. The comments of the planning commission and city council shall address the consistency of the concept plan with this section, but shall be for guidance only and shall not be considered binding upon the planning commission or city council. B. Master Development Plan and Rezoning. Approval of a rezoning to RPUD and approval of a master development plan shall be subject to the procedures outlined in the Zoning Code for a zoning map amendment. The master development plan shall contain detailed site design plans per the list of submittals appearing in this ordinance. Approval of the master development plan shall indicate approval of the listed items and shall occur in conjunction with rezoning of the property to RPUD. After rezoning of the property to RPUD, nothing shall be constructed on the RPUD site except in conformance with the approved plans and this section. Following the approval of the Master Development Plan but prior to final plan approval, the applicant shall enter into an agreement with the City relating to the terms of the RPUD development, and shall also provide such financial guarantees as the City requires or deems necessary. Final Site and Building Plan. Approval of a final site and huilding plan for the entire RPUD or for specific parts of the RPUD shall be subject to the procedures outlined in this ordinance. The final site and building plan shall contain information as required by the city, as specified in this ordinance. Page 3 of 5 D. Substantial Compliance. The final site and building plan shall be in substantial compliance with the approved master development plan, per the standards for substantial compliance as enumerated in the ordinance. Approval of a final site and building plan shall signify approval of all plans necessary prior to application for a building permit, subject to conformance with any conditions on the approval and subject to other necessary approvals by the city. E. Simultaneous Review. Applicants may combine the final site and building plan review with the master development plan review by subrnitting al I information required for both stages simultaneously. F. Basis For Approval; Conditions. In evaluating a site and building plan, the planning commission and city council shall base their recommendations and actions regarding approval ora RPUD on a consideration of compatibility of the proposed plan with this section and consistency with the Comprehensive Plan and Surface Water Management Plan; preservation of the site in its natural state to the greatest extent practicable by minimizing tree and snit removal and designing grade changes to be compatible with surroundings: creation of compatible relationships between buildings and open spaces both on the site and adjacent to it, incorporating natural site features and with existing and future buildings having a visual relationship to the development. giving special attention to specified characteristics: promotion of energy conservation through design, location, orientation and elevation of structures. the use and location of glass in structures and the use of landscape materials and site grading; protection of adjacent and neighboring properties through reasonable provisions for surface water drainage, sound and sight buffers. preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses.; and such other factors as the planning commission or city council deem relevant. The planning commission and city council may attach such conditions to their actions as they shall determine necessary or convenient to better accomplish the purposes of this section. Subd. 7. Term of Approval. If application has not been made for a final site and building plan approval pursuant to the approved master development plan for all or a nart of the property within a RPUD by December 31 of the year following the date on which the RPUD coning map amendment became effective or if within that period no extension of time has Iven granted, the city council may rezone the property to the original zoning classification at Page 4 of 5 the time of the RPUD application or to a zoning classification consistent with the comprehensive plan designation for the property. In the absence of a rezoning, the approved masterdevelopmenl plan shall remain the legal control governing development of the property included within the RPUD. Subd. S. Amendments. Major amendments to an approved master development plan may be approved by the city council after review by the planning commission. The notification and public hearing procedure for such amendment shall be the same as for approval of the original RPUD. Subd. 9. Exceptions. This section shall not apply to any residential PUD or PRO which has received preliminary or final approval by the city council prior to the effective date of this ordinance unless such is requested by the property owner and approved by the city council." A printed copy of Ordinance No. _, Second Series in its entirety is available for inspection by any person at the office of the City Clerk during regular office hours. This ordinance becomes effective immediately upon publication. Adopted by the City Council of Orono, Minnesota on this 26th day of Febmary, 2001 by a vole of _ayes and _nays. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, h lay or Page 5 of 5 To: Mayor & Council Ron Moorse, City Administrator From: Mike Gaffron, Planning Director Date: February 26. 2001 Subject: #2639 - Add RPUD to Section 10.52 List of Available Districts for Highway 12 Corridor- MINOR REVISIONS This zoning amendment is for the purpose of allowing the RPUD District as a zoning district to which properties in the Highway 12 Corridor can be rezoned (background on the Highway 12 Corridor is attached as an exhibit to this memo). Since last week's memo, Councilmember Flint has suggested a few additional minor revisions to the language of Sections 10.52 (Special Requirements for Rezoning in the Highway 12 Corridor Study Area). These added revisions to 10.52 will serve to better integrate RPUD into Section 10.52 and avoid any conflicts in intent that might otherwise remain absent the revisions. A revised draft ordinance for adoption is attached. The proposed additional revisions to 10.52 for review and adoption tonight include 10.52 Subd. 1: Add language referencing the RPUD exceptions to the 5-acre minimum area for rezoning: "Subd. 1. Minimum Area. To insure consistency with the goals and objectives of the Highway 12 Corridor Study, applications for rezoning within the study area must include a minimum of five acres, except that exceptions to this reouirement may be yranted for certain properties being rezoned to RPUD per the conditions established in the RPUD District standards. The plans submitted along with these applications must also include enough information regarding the effect of the proposed development on surrounding parcels to insure that the property can be developed in a manner that is both compatible with adjacent properties and consistent with the Highway 12 Corridor Smdy" 2. 10.52 Subd. 2: Add language that specifically requires the granting of rights -of -way for trails as part of the "access and circulation plan" when rezoning in the Highway 12 corridor; this makes such a requirement very explicit, although requirements that functionally accomplish the same purpose are already in place in the Park Dedication and Subdivision codes. The proposed language changes are: "Subd. 2. Access and Circulation Plan. The plans submitted along with the application most propose access to the proposed development which is consistent with the Transportation Planning Objectives of the Highway 12 Corridor Study. All public easements and road and trail right of way that is needed to allow the construction of service roads, tnib and/or the expansion of Trunk Highway 12 past the subject property, shall be dedicated to the City" 10.52 Revisions February 26, 2001 Page 2 10.52 Subd. 5: Add that a finding of consistency must be made with respect to not only with the Highway 12 Corridor Study but with Orono's Comprehensive Plan: "Subd. 5. Available Zoning Districts. Due to the unique set of constraints and opportunities that affect future decisions regarding development within the Highway 12 Corridor Study Area, applicants for rezoning are strongly encouraged to utilize the planned unit development approach, outlined in Section 10 of the Orono Zoning Ordinance. However, applications will be accepted for rezoning requests for any of the following existing zoning districts within the City, consistent with a finding of consistency with the Orono Comprehensive Plan and the Highway 12 Corridor Study and subject to compliance with all of the additional requirements established in this section: B-6 Highway Commercial District PRD Planned Residential Development R-lA One Family Residential District R-IB One Family Residential District M-6 Multiple Family Planned Residential District BLU Residential Planned Unit Development District Any proposal which requires a modification to zoning or subdivision requirements must be done as a Planned Unit Development. Staff Recommendation Staff recommends adoption of the proposed zoning amendment as revised per the attached ordinance. COUNCIL ACTION REQUESTED Adopt the attached ordinance. Proposed motion: Moved by _, seconded by to adopt Ordinance no. Second Series, Amending Chapter 10 of the Orono Municipal Code by Amending Section 10.52, Special Requirements for Rezoning in the Highway 12 Corridor Study Area. Vote: ayes, _nays. Attachments — Revised Ordinance for Adoption — Highway 12 Corridor Background Information ORDINANCE NO., SECOND SERIES AN ORDINANCE AMENDING CHAPTER 10 OF THE ORONO MUNICIPAL CODE BY AMENDING SECTION 10.52, SPECIAL REQUIREMENTS FOR REZONING WITHIN THE HIGHWAY 12 CORRIDOR STUDY AREA The City Council of Orono ordains as follows: Section 1. Orono Municipal Zoning Code Chapter 10. Section 10.52, Subdivision I is hereby amended to read as follows: "Subd. 1. Minimum Area. To insure consistency with the goals and objectives ofthe Highway 12 Corridor Study, applications for rezoning within the study area must include a minimum of five acres, except that exceptions to this reguirement may be granted for certain properties being rezoned to RPUD per the conditions established in the RPUD District standards. The plans submitted along with these applications must also include enough information regarding the effect of the proposed development on surrounding parcels to insure that the property can be developed in a manner that is both compatible with adjacent properties and consistent with the Highway 12 Corridor Study." Section 2. Orono Municipal Zoning Code Chapter 10, Section 10.52, Subdivision 2 is hereby amended to read as follows: "Subd. 2. Access and Circulation Plan. The plans submitted along with the application must propose access to the proposed development which is consistent with the Transportation Planning Objectives of the Highway 12 Corridor Study. All public easements and road and trail right of way that is needed to allow the construction of service road., trails and/or the expansion of Trunk Highway 12 past the subject property, shall be dedicated to the City." Section 3. Orono Municipal Zoning Code Chapter 10, Section 10.52, Subdivision 5 is hereby amended to include "RPUD - Residential Planned Unit Development District" in the list of available zoning districts to which properties in the Highway 12 Corridor Study Area may be rezoned. Section 10.52, Subdivision 5 shall henceforth read as follows: "Subd. 5. Available Zoning Districts. Due to the unique set of constraints and opportunities that affect future decisions regarding development within the Highway 12 Corridor Study Area, applicants for rezoning are strongly encouraged to utilize the planned Page 1 of 2 unit development approach, outlined in Section 10 of the Orono Zoning Ordinance. However, applications will be accepted for rezoning requests for any of the following existing zoning districts within the City, consistent with a finding of consistency %%ith the Orono Comprehensive Plan and the Highway 12 Corridor Study and subject to compliance with all of the additional requirements established in this section: B-6 Highway Commercial District PRO Planned Residential Development R-IA One Family Residential District R-IB One Family Residential District M-6 Multiple Family Planned Residential District RPUD Residential Planned Unit Development District Any proposal which requires a modification to zoning or subdivision requirements must be done as a Planned Unit Development." Section 4. Adoption and Publication. This ordinance shall he published in The Pioneer and The Laker newspapers and shall become effective immediately upon publication. Adopted by the C:ty Council of Orono, Minnesota on this 26th day of February, 2001 by a vote of _ayes and _ nays. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor !,sge 2 of 2 Highway 12 Corridor Study Area Background The Highway 12 Corridor Study Area as defined in Comprehensive Plan Amendment 42 (1988) was 04I redefined as part of the 2000-2020 CMP update. The original Highway 12 Corridor Study Area included some 690 acres along Highway 12, from the Co. Rd. 6 intersection at the west end, east to Brown Road, as well as a few properties along 12 south of the Luce Line bridge at the east end of town. That 1988 study resulted in changes to the guide plan forjust a portion of the properties in the study area: — No changes to any properties west of Old Crystal Bay "Oad — No changes to the Industrial Park — Incorporation into the MUSA of the area east of Old Crystal Bay Road and west of Willow, between Hwy 12 and Co. Rd. 6; and re -guiding the tier along 12 for commercial uses with a transition of townhomes north of Kelley Parkway, with single-family homes further north. — Incorporation into the MUSA of the area along the north side of 12 between Willow and Brown for commercial use.:, and also including thresidential portion of Sugar Woods. — Adding to the MUSA the properties at the SW quadrant of the 12/Luce Line intersection. The 2000-2020 CMP references the 1988 Comp Plan amendments but does not change their effective boundaries. It does, however, clarify and more strictly define what is planned to happen for certain properties within that corridor, and it also re -guides the future planned uses for certain properties outside that corridor. The provisions of Section 10.52 apply only to those properties planned for change within the 1989 Highway 12 Corridor, as noted above. L3 ewise, the PUD provisions of Section 10.53 apply only to that same limited group of properties. Sections 10.52 and 10.53 do = apply to the Dumas Orchard or Hackberry sites re -guided in the 2000-2020 CMP for higher density residential uses. Also. neither 10.52 or 10.53 allowed for the flexibility'.: density that is incorporated into the RPUD ordinance for properties being rezoned from cormercial to multi -family. These are just two of the reasons we needed to create the RPUD District, even though the Rebers site is within the 1988 Highway 12 Corridor, and i. subject to 10.52 end 10.53. (Also note that Councilmember Flint has suggested a minor revision to Section 10. 53 to reference the 2000-2010 CMP update. Staff had anticipated making such changes to i0.53 after the Met Council approves the 1000-2020 CMP, as part ofa zoning code update to conform to the new CMP. The suggested 10.53 revisions will be incorporated into such afuture amendment but are not strictly necessary to accommodate the Senior Housing/Ofce project, because the current language of 10.53 already applies to the site in question. A separate public hearing will be held far the 10. 53 changes when they are brought forward) REQUEST FOR COUNCIL ACTION Date: February 23, 2001 Item No.: Department Approval: Administrator Approval: .Agenda Section: Zoning Name: Michael P. Gafhon Title: Planning Director Item Description: #2639 Add "RPUD" to List of Available Zoning Districts under Sec. 10.52 pnn.,nn rreFTINO List of Exhibits FEB 2 6 2000 A - Proposed Ordinance for Adoption B - Planning Commission Memo and Exhibits 1-12-01 GI I r t!P OHONO Summary Section 10.52, the Special Requirements for Rezoning in the Highway 12 Corridor Study Area, contains a list of zoning districts to which the corridor properties can be rezoned. The proposed ordinance adds "RPUD- Residential Planned Unit Development District" to that list. For additional background, please review Exhibit B. Planning Commission Recommendation On January 17, Planning Commission voted 4-0 to recommend approval of this ordinance as presented. Staff Recommendation Staff recommends approval of the proposed ordinance. Adoption will require a 4!5 vote of the City Council. COUNCIL ACTION REQUESTED Motion to adopt the attached zoning ordinance. ORDINANCE NO. , SECOND SERIES AN ORDINANCE AMENDING CHAPTER 10 OF THE ORONO MUNICIPAL CODE BY AMENDING SECTION 10.52, SUBDIVISION 5 AVAILABLE ZONING DISTRICTS FOR HIGHWAY 12 CORRIDOR STUDY AREA The City Council of Orono ordains as follows: Section 1. Municipal Zoning Code Chapter 10, Section 10.52. Subdivision 5 is hereby amended to include "RPUD - Residential Planned Unit Development District' in the list of available zoning disnicts to which properties in the Highway 12 Corridor Study Area may be rezoned. Section 10.52, Subdivision 5 shall henceforth read as follows: "Subd. 5. Available Zoning Districts. Due to the unique set of constraints and opportunities that affect future decisions regarding development within the Highway 12 Corridor Study Area, applicants for rezoning are strongly encouraged to utilize the planned unit development approach, outlined in Section 10 of the Orono Zoning Ordinance. However, applications will be accepted for rezoning requests for any of the following existing zoning districts within the City, consistent with a finding of consistency with the Highway 12 Corridor Study and subject to compliance with all of the additional requirements established in this section: B-6 Highway Commercial District PRD Planned Residential Development R-IA One Family Residential District R-IR ()ne Family Residential District M-6 Multiple Family Planned Residential District RPUD Residential Planned Unit Development District Any proposal which requires a modification to zoning or subdivision requirements must be done as a Planned Unit Development." Section 2. Adoption and Publication. This ordinance shall be published in The Pioneer and The Laker newspapers and shall become effective immediately upon publication. Adopted by the City Council of Orono, Minnesota on this 26th day of February, 2001 by a vote of _ayes and _nays. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor C To: Chair Hawn and Planning Commission Members Ron Moorse. City Administrator yy�� Flora: Mike Oaffron, Planing Director Datc: January 12, 2001 Subject: #2639 Proposed Zoning Code Amendment: Add "RPUD" to List of Available Zoning Districts under Section 10.52 Note: This item was tabled without discussion at your November meeting. List of Exhibits O/ Q A - Zoning Code Section 10.52� B - Map from CMP Amendment #2, May 23. 19SS Background In 1988 Ore City studied the Highway 12 corridor and made specific Comprehenske Plan (CMP) changes for certain groupings of properties along Highway 12. Those changes carry through to the 2000-2020 CMP, and allow for future development of commercial or medium density residential uses on those properties. The Highway 12 Corridor propertief -object to those changes are along the north side of 12 between Brown Road and Old Crystal Ba, Road and are defined in CMP Amendment #2 adopted May 23, 1988. Subsequently, the City in 1989 adopted Section 10.52 "Special Requirements for Rezoning in the Highway 12 Corridor Study Area', which sets out criteria, standards and requirements which must be satisfied before rezoning of any of affected properties twill be approved. Section 10.52, Solid. 5 establishes a short list of zoning districts to which the Corridor properties can be rezoned, m follows: Subd 5. Available Zoning Districts. Duz to the unique set of constraints and opportunities that affect ftntre decisions regarding developmen, ;,bin the Highway 12 Corridor Study Area, applicants for rezoningare sirangly encouraget', 'n,:etheplanned unit development approach, outlined in Section 10 of the Orono Zo,. Irdinance. However, applications will be accepted for re-oning requests for any at 4lowing existing zoning districts within the City consistent with a Ending of consistence b the Highway 11 Corridor Study and subject to compliance with all of the addle,. -d requirements established in this section: B-6 Highway Commercial District PRD Planned Residential Developmem R-lA One Family Residential District R-1 B One Family Residential District M-6 Multiple Family Planned Residential Distric' Any proposal which requires a modifiration to zoning or subdivision requirements must be done as a Planned Unit Development. #2639 January 12, 2001 Page 2 The proposed amendment is to merely add RPUD Residential Planned Unit Development to the list of zoning districts available for the Highway 12 corridor properties. This amendment is consistent with the 2000-2020 CMP which guides certain properties between Willow Drive and Old Crystal Bay Road for medium density residential uses, which would be more appropriately developed through the RPUD process than via the old PRD which has few procedural or performance standards. In the future we may conclude that the PRD Planned Residential Developmem option should be dropped from the list in favor of RPUD; but staff has not yet fully assessed the ramifications of that. so we suggest leaving PRD in for now. Staff Recommendation Planning Commission should recommend approval ofthe proposed revision of Section 10.52, Subd. 5 to add "RPUD Residential Planned Unit Development" to the list of zoning districts to which properties in the defined Highway 12 Corridor can be rezoned. A § 10.52 SEC. 10.52 SPECIAL REQUIREMENTS FOR REZONING IN THE HIGHWAY 12 CORRIDOR STUDY AREA. Subd. 1. Minimum Area. To insure consistency with the goals and objectives of the Highway 12 Corridor Study, applications for rezoning within the study area must include a minimum of five acres. The plans submitted along with these applications must also include enough information regarding the effect of the proposed development on surrounding parcels to insure that the property can be developed in a manner that is both compatible with adjacent properties and consistent with the Highway 12 Corridor Study. Subd. 2. Access and Circulation Plan. The plans submitted along with the application must propose access to the proposed development which is consistent with the Transportation. Planning Objectives of the Highway 12 Corridor Study. All public casements and road right of way that is needed to allow the construction of service roads and/or the expansion of Trunk Highway 12 past the subject property, shall be dedicated to the City. Source. Ordinance 67. 2nd Series Adopted: 5-8-89 Subd. 3. Sanitary Sewer and Municipal Water Availability. The at ailable sanitary sewer and municipal water capacity to serve the development of this corridor is currently very limited. Therefore, any plans to develop within this area most eithet demonstrate that it can occur utilizing current sewer and water allocations or they most include impro%ements to increase the capacity of the systems serving this area. If sanitary sewer or municipal water system improvements are proposed as part of the application, then the feasibility of providing this service will also be scrutinized along with an improvement financing plan to insure that the costs associated with providing this additional capacity will be paid for by the development. Source: Ordinance 78.2nd Series Adopted: 1-22-90 Subd. 4. Storm Water Management. Site Drainage plans must be submitted to insure consistency with the Storm Water Management objectives of the Highway 12 Corridor Study. Plans will be carefully reviewed to insure both that proposed storm water punding areas contain sufficient storage capacity and whatever additional measures are necessary to guarantee that the quality of runoff from the site, meets or a-ceeds the City's standards. Subd. 5. Available Zoning Districts. Due to the unique set of constraints and opportunities that affect future decisions regarding development within the Highs ac 12 Corridor Study Area, applicants for rezoning are strongly encouraged to utilize the pl atned unit development ORONO CC 359 (4-1-84) (i-8-89) § 10.52 approach, outlined in Section 10 of the Orono Zoning Ordinance. However, applications will be accepted for rezoning requests for any of the following existing zoning districts within the City. consistent with a finding of consistency with the Highway 12 Corridor Study and subject to compliance with all of the additional requirements established in this section: B-6 Highway Commercial Distrct PRO Planned Residential Development R-IA One Family Residential District RAB One Family Residential District M-6 Multiple Family Planned Residential District Any proposal which requires a modification to zoning or subdivision requirements must be done as a Planned Unit Development. Subd. 6. Building Design and Construction. in addition to other restrictions of this Chapter, the use, construction, alteration or enlargements to any building or structure within the district shall meet the following standards: A. All exterior wall finishes on any building shall be: (a) Face brick, or (b) Natural stone, or (c) Specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative materials or texture, or (d) Factory fabricated and finished metal framed panel construction, if the panel materials be of any of those noted in items a, b and c above, or glass. (e) Other materials as may beapproved by the Council. Combinations of such materials shall be permitted. B. All subsequent additions and outbuildings constructed after the erection of an original building or buildings shall be constncted of materials comparable to those used in the original construction and shall be designed in a manner conforming with the original architectural design and general appearance. C. No building or structure of a temporary character, trailer, basement, tent or shack shall be constructed, placed or maintained upon the property except as accessory to and during the construction of permanent buildings. Subd. 7. Requirement of Development Agreement. All development permits authorized within the Highway 12 Corridor Study Area shall be subject to the execution of a ORONO CC 359-1 Ordinance 67, 2nd Series Adopted: 5-8-89 § 10.52 development agreement. Said development agreement shall clearly identify the timing of all of the public improvements associated with the development and the developers' financial commitments related to these improvements. The agreement shall also include any and all other conditions of approval deemed necessary to insure compliance with the Special Minimum Requirements for Rezoning the Highway 12 Corridor Study Area, as well as the goals and objectives of the Highway 12 Corridor Study. Source: Ordinance 67, 2nd Series Adopted: 5-8-89 SEC. 10.53. PLANNED UNIT DEVELOPMENT (PUD) Subd. I. Authorization: Planned unit development authorization may allow: A. Variety: Within a comprehensive site design concept a mixture of land uses, housing types and densities. B. Sensitivity: 'Through the departure from the strict application of required setbacks, yard areas, lot sizes, minimum house sizes, minimum requirements, and other performance standards associated with conventional zoning, planned unit development can maximize the development potential of land while remaining bensitive to its unique and valuable natural characteristics. C. Efficiency: The consolidation of areas E;r recreation and reductions in street lengths and other utility related expenses. D. Density Transfer: The project density may be clustered, basing density on number of units per acre versus specific lot dimensions. E. District Integration: The combination of uses which are allowed in separate zoning districts such as: I. Mixed residential allows both densities and unit types to be varied within the project. 2. Mixed residential with increased density acknowledging the greater sensitivity of PUD projects, regulation provides increased density on the property if a PUD is utilized. 3. Mixed land uses with the integration ofcompatible land uses within the project. F. Applicability: Utilization of this zoning district is limited to the Highway 12 Corridor as set forth in the City of Orono's Comprehensive Plan Amendment q2 adopted May 23, 1988. ORONO CC 359-2 Ordinance 67. Ind Series Adopted: 5-8-89 LL 1 Gq O' paa .O r Maple Plain -Long Lako Intorcoptor — — Madlne-0rorw-Long Lake Interceptor ......... Water Mein New Roads IMMI Current MUSA aasar Proposed Extension of MUSA wry L4 City of Orono HIGHWAY 12 CORRIDOR STUDY Western Portion Summary of Recommended Changes Fig. 34U _ _ — . . _ _ .� �. .�. ..� w... r_ r• aaasl 101000 1^NO oar. a1 Application Date: 10/30/00 Deadline: 3/2/01 NG FEB 2 610 ssr UrsUNU Department Name Paul H Title Zonis! REQUEST FOR COUNCIL ACTION Administrator DATE: Februarryy/ 23, 2001 ITEM NO.: l� Zoning Section: Item Description: Orono Amber, LLC. 2060 Wayzata Boulevard #2640 Preliminary Subdivision/CUP-Rezoning/Comprehensive Plan Amendment #2641 Site Plan Revieus Summary: Resulting from the February 22, 2001 Council Work Session discussion, Staff and the Council are reviewing alternatives to the service road access and parking arrangement. Staff has requested the City Traffic Consultant comment on a revised traffic pattern that would separate outgoing and incoming traffic in front of the senior building. The Developer and City Engineer will be reviewing the costs and feasibility of removing fill to lower the building. An extension to the review period will be requested from Frank Dunbar to allow the General Concept Plan approval to be adopted at a future meeting. COUNCIL ACTION REQUESTED Motion to continue the application to a future Council ,among following resolution of the frontage road, parking and grading issues, subject to the City of Orono receiving an extension to the application deadline from Mr. Dunbar. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (G) AND A VARIANCE TO SECTION 10.28, SUBDIVISION 5 (A); AND DENYING A CONDITIONAL USE PERMIT PER SECTION 10.75, SUBDIVISION 1 AND VARIANCE TO SECTION 10.28, SUBDIVISION 5 (A) FILE # 2650 WHEREAS, Patrick Burton and Kirsten Burton, (hereinafter "the applicants") are the owners ofthe property located at 2601 Rainey Road within the City of Orono (hereinafter "City") and legally described as: Lot 3, Trees to Be, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on January 17, 2001, at which times all persons desiring to be heard concemin;; this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (0) for a guest house, a conditional use permit per Section 10.75, Subdivision 1 to permit a 6' chimney height over the allowed 30' height limitation for the primary residence, and variances to Section 10.24, Subdivision 5 (A) to permit a 30'. three story guest house with 2.5' safety railing over the 30' height limitation. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File 02650. Page 1 of 6 2. The property is located in the RR -I B Zoning District, where 2 acres is the minimum lot area. The property consists of 14.06 acres ofwhich 5.25 acres are dry contiguous. 3. The Planning Commission reviewed this application on January 17, 2001. 4. The Planning Commission made the following findings of fact: A. The guest house will not exceed the 2 acre per "dwelling unit" density for properties in the RR- IB zoning district. B. The guest house meets all required principal building setbacks. C. Three septic sites have been identified by SP Testing and all building and wetland setback requirements have been met. D. The Planning Commission had a split cote on approval of the variances for the full three stories and added height to the top of a safety railing above the roof line of the guest house. E. A house with a gabled or hipped roof, which is the standard house built in Orono, can have an actual height over 30'. The defined height is the midpoint of the gable not the peak of the roof. F. The guest house is proposed to be constructed with natural earth tortes, with a dark wood color as the primary color of the structure. G. It is the intent of the applicants to construct the guest house before the main house. 5. The Comprehensive Plan(CMP) addresses the issue of structure height and states the rural character of the Community is to be protected. Structures shall be contained within tree lines. The added height of the structure to permit a railing is not in keeping with the height standards as addressed in the CMP and may set a negative precedent to allow a structure to exceed a 30' defined height for the railing on the guest house and to permit the chimneys on the main house to exceed 32'. Page 2 of 6 6. The State Building/Fire Codes require chimneys to be located 2' above the highest portion of a structure within 10' of the structure. 7. Section 10.28, Subdivision 5 (A) establishes the maximum building height for - structures to be 2 '/2 stories or 30' in height. The building requires a variance for height because a part of the house is 3 full stories. A '/2 story would be the portion of living space within a gabled roof line, for example. Because the architectural style has a flat roof, it leaves a full three story house 39 in height. S. The Orono Code allows structures to ha-ve a maximum height of 2 %, stories or 30' whichever is more restrictive. In this case the 2'h story height is the more restrictive standard. Building height is defined as: The vertical distance between the highest adjoining ground level at the building cr ten feet above the lowest ground level, whichever is lower and the top of the cornice of a flat roof, or the deck line of a mansard roof, or the uppermost point on a round or other arch type roof, or the average height of the highest gable of a pitched or hipped roof. 9. A building could be 21h stories in height and exceed 30'. If the architect would build a house with a gabled or hipped roof, which is the standard house built in Orono, a building over 35' in actual height could be constricted. The defined height is the midpoint of the gable not the peak of the roof. 10. The guest house is proposed to be located near a grove of mature ices. To avoid removing several trees, the building was kept narrow but to gain additional square footage. The height of the structure will be 30'. Requiring the third story of the building to be removed and relocated adjacent to the narrow footprint would require removal of trees. To preserve the trees the third story will remain as proposed. 11. The City Council finds that granting a conditional use permit to allow a guest house will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 12. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in tL., coning district; that granting the variances would not adverseiy affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a Page 3 of 6 convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 13. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance in the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (G) to permit a guest house on the property and grants a variance to Section 10.24, Subdivision 5 (A) to permit a 30', three story guest house; and denies a variance to Section 10.24, Subdivision 5 (A) to permit a 2 '/i railing over the 30' allowed height limustion in the RR•IB district and grants a conditional use permit per Section 10.75, Suodivision I to permit a 2' chimney height over the allowed 30' height limitation for the priman. residence denying the 6' chimney request, subject to the following c,iditions: 1. The property owners shall file a restrictive covenant on the property agreeing the guest house will not be used as a rental unit and will not be used for a home occupation. '_. The guest house shall be used and occupied by persons who would otherwise use the primary residence on the property, such as domestic help, guests and relatives. i No tree within 30' of the guest house is permitted to be removed without consent of the City of Orono Orono is hereby approving variances to permit the added height based on the hardshio that existing matur • trees would be removed if the guest house were built oar Code requirements Should a tree be requested to be removed an equal replacement shall be planted. a. Authorities granted by this resolution we permissive only and must be exercised by application for a building permit within one year of The date of Counci! approval or this conditional use permit will expire on that date (February 26, 2002). Page 4 of 6 Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and or. behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 26th day of February, 2001. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA ss. COUNTY OF FIENNEPIN The foregoing instrument was acknowledged before me on this 26th day of Febroary, 2001, by Barbara A. Peterson and Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 STATE OF MINNESOT . ) )as. COUNTY OF HENNEPIN ) On this _day of--. 20_ before me a Notary Public within and for said county, personally appeared _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) as. COUNTY OF HENNEPIN ) On this _day of , 20_ before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. Notary Public Page 6 of 6 Application Date: Deadline: '.'a MF.Ei tNO FEB 2.6 '0 GN,('*r GRONO 12/20/00 4/19101 Name Paul Weinberger Title Zoning Administrator REQUEST FOR COUNCIL ACTION Item Description: #2650 Kirsten and Patrick Burton 2601 Rainey Road Conditional Use Permit and Variances Zoning District: RR -I B Two Acre Rural Residential Lot Area: 5.25 acres (non -wetland area) List of Exhibits: Resolution Building Height Comparison Applicant Letter of Request Main House Plans Guest House Plans Site Plan Guest House Tree Survey Summar) of Council Action: DATE: February 19, 2001 ITEM NO.: Agenda Section: Zoning On February 12. 2001 the Council directed Staff to draft a resolution approving a conditional use permit to permit a guest house on the property and approve a variance to permit a three story guest house, subject to the applicants providing documentation indicating trees would be preserved by constructing a small three story house rather than a two story house requiring a larger footprint. This documentation is reflected as the hardship in the resolution. The Council directed Staff to amend the resolution 1, mf-'act limited approval of a Conditional Use Permit to allow the chimney height for the main residence to exi:v,d allowed height per Section 10.75, Subdivision 1. Under this provision of the inning ordinance chimneys are permitted to exceed the 30' height limitation by the CUP r,�ccss. The total proposed height of the chimneys was 36'. 6' above the peak of the house; Council indicated the chimney would only be allowed 2' above the peaks, as required by the building code. Council also directed Staff to emend the resolution tr indicate denial of a variance requesting a 30 inch high railing around the root of the guest house exceeding the 30' height limitation. COUNCIL ACTION REQUES'CED Motion to adopt or amend the attached resolution. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (G) AND A VARIANCE TO SECTION 10.28, SUBDIVISION 5 (A); AND DENYING A CONDITIONAL USE PERMIT PER SECTION 10.75, SUBDIVISION I AND VARIANCE TO SECTION 10.28, SUBDIVISION 5 (AN FILE # 2650 WHEREAS, Patrick Burton and Kirsten Burton, (hereinafter "the applicants") are the owners of the property located at 2601 Rainey Road within the City ofOrono (hereinafter "City") and legally described as: Lot 3, Trees to Be, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Plamang Codes. the Orono Plan^'ng Commission held a public hearing on January 17, 2001, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have appli.j to the City for a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (G) for a guest house, it conditional use pem.', per Section 10.75, Subdivision I to permit a 6' chimney height over the allowed 30' height limitation for the primary residence, and variances to Section 10.24, Subdivision 5 (A) to permit a 30% three story guest house with 2.5' safety railing over the 30' height limitation. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, NDINGS This application was reviewed as Zoning File k2650. Page 1 of 6 2. The property is located in the RR- I B Zoning District. where 2 acres is the mini —um lot area. The property consists of 14.0E acres of which 5.25 acres are dry contiguous. 3. The Planning Commission reviewed this application on January 17, 2001, 4. The Planning Commission made the following findings of fact: A. The guest house will not exceed the 2 acre per "dwelling unit" density for properties in the RR -I B zoning district. B. The guest house meets all required principal building setbacks. C. Three septic sites nave been identified by SP'resting and all building and wetland setback r_quirements have been met. D. The Planning Commission had a split vote on approval of the variances for the full three stories and added height to the top of a safety railing above the roof line of the guest house. E. A house with a gabled or hipped roof, which is the standard house built in Orono, can have an actual height over 39. The defined height is the midpoint of the gable not the pea. „ f the roof. F. The guest house is proposed to be constructed with natural earth tones. with a dark wood color as the primary color of the structure. G. It is the intent of the applicants to construct the guest house before the main house. 5. The Comprehensive Plan(CMP) addresses the issue of structure height. nd states the rural character of the Community is to be protected. Structures shall be contained within tree lines. The added height of the structure to permit a railing is not in keeping with the height standards as addressed in the CMP and may set a negative precedent to allow a structure to exceed a 30defined height for the railing on the guest house and to permit the chimneys on the main house to exceed 32'. Page 2 of 6 6. The State Building(Fire Codes require chimneys to be located 2' above the highest portion of a structure within 10' of the structure. 7. Section 10.28, Subdivision 5 (A) establishes the maximum building height for structures to be 2 '/2 stories or 30' in height. The building requires a variance for height because a part of the house is 3 full stories. A '/2 story would be the portion of living space within a gabled roof line, for example. Because the architectural style has a Flat roof, it leaves a full three story house 30' in height. S. The Orono Code allows structures to have a maximum height of 2 %r stories or 30' whichever is more restrictive. In this case the 2 %r story height is the more restrictive standard. Building height is defined as: The vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower and the top of the cornice of a flat roof, or the deck line of a mansard roof, or the uppermost point on a round or other arch type roof, or the average height of the highest gable of a pitched or hipped roof. 9. A building could be 2 %, stories in height and exceed 30'. If the architect would build a house with a gabled or hipped roof, which is the standard house built in Orono, a building over 35' in actual height could be constructed. The defined height is the midpoint of the gable not the peak of the roof. 10. The guest house is proposed to be located near a grove of mature trees. To avoid removing several trees, the building was kept narrow but to gain additional square footage. The height of the structure will be 30'. Requiring the third story of the building to be removed and relocated adjacent to the narrow footprint would require removal of trees. To preserve the trees the third story will remain as proposed. 11. The City Council finds that granting a conditional use pemtit to allow a guest house will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, ait nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be it. keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 12. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district: that granting the 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 Page 3 of 6 convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 13. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (0) to permit,. guest house on the property and grants a variance to Section 10.24, Subdivision 5 (A) to perrni . 3V, three story guest house; and denies a variance to Section 10.24, Subdivision 5 (A) to permit a 2 %r' railing over the 30' allowed height limitation in the RRAB district and grants a conditional use permit per Section 10.75, Subdivision 1 to permit a 2' chimney height over the allowed 30' height limitation for the primary residence denying the 6' chimney request, subject to the following conditions: 1. The property owners shall file a restrictive covenant on the property agreeing the guest house will not be used as a rental unit and will not be used for a home occupation. 2. The guest house shall be used and occupied by persons who would otherwise use the primary residence on the property, such as domestic help, guests and relatives. 3. Authorities granted by this resolution are permissive only and must be exercised by application for a building perm;t within one year of the date of Council approval or this conditional use permit will expire on that date (February 26, 2002). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Cort shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 4 of 6 Adopted by the Orono City Council on this 26th day of February, 2001. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Owner(s) STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 26th day of F�btuary, 2001, by Barbaro A. Peterson and Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) as. COUNTY OF HENNEPIN ) On this _day of , 20_ before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. Page 5 of 6 Notary Public STATE OF MINNESOTA ) ) as. COUNTY OF HENNEPIN ) On this _day of , 20_ before me a Notary Public within and for said cowry, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. Notary Page 6 of 6 t�l ------ ---8 -6 .32'Nl / pm. --� PMMEt ICB ---- ND-PtlNI� �- n �XI-0 ! RxOOT LCVCI R._R. .MIS :r-r a-----. — = j Ix � / / ar V/, 1071 -,t / I�.L !-� rdOC K-O WIL 0---- NIYRID tm U-W MTYP 2.5 STORY GABLE ROOF 27, CONSTRUCTION Building Height Comparison - Proposed Residence & Typical Gable Roof Construction SC E:1/D'. IW SECOND LM 10•-r 011010141) LEVEL PROPOSED RESIDENCE f Y C Addendum #1 to City of Orono General Lr A Use Application Submitted 12/20/00 Request for Cunditiooal Use Permit Applicant: Richard B. Peterson, Attorney for Ownem Owners: IGrsten and Patrick Burton The Applicant, as representative of the Owners, and the Owners hereby request a Conditional Use Permit from the City of Orono for the Owners' propem. legally described as: Lot 3, Block 1, Trees To Be Address: 2601 Rainey Road Orono, MN 55391 A Conditional Use Permit is requested for the following: That the property be approved for two dwellings, one of which is to be the guesthouse and that the Owners be allowed to construct the guesthouse first. The site plan submitted with this application shows the location of the guesthouse and the primary dwelling. The Owners are willing to subject the property to Restrictive Covenants in substantial!•: the form attached hereto. That the chimney of the primary residence and guardrail for the roof of the guesthouse may be constructed as shown on the plans submitted herewith notwithstanding applicable Building Height standards in the City Ordinance. � � S. tin. ..+ `) �i{ ir lolls ', 'I NONE 11 MAIN ®=-M IN 19 MAIN �AO\)SE Pi," S SWAP MS&R D Nffl own ®= DZ WE O ° ° ° B9FLOM w w+ I ❑ ❑ P� l e l e l n u l l u n; l e II l e e l l l l II n l l n n y I A o l l e l l l e u n e l u u II e l a e l 1 I e e 1 e n I I o o y e 6 e I I s a=r�rL�r-r-r�-r-r4-r- tl II A 1 1 1 u e 1 1 1 A II tl 1 1 1 A A 1 1 1 A II 1 1 1 E n 1 1 1 1 Y 1 1 1 1 o e 1 e 1 I GGuun■ a _�(. �e�11A,� I II II it I I II II II I I II II II dr��— iy I =.- 4 0DT-r- --T-rEi-r-rEi-r-rEi-r- A n u 1 e 0 I 1 A o l 0 1 1 l l 1 1 e l 0 1 l l 1 1 l! 1 i I wm II 1 1 1 tl 1 1 1 1 0 1 1 1 1 tl l l I A I I! 1 1 1 1 1 1 A r II ®O® 11 ;I 11 11 � —WPC 11 c1Op II O II 0 MS&R OS: C) ci D kv ffCpOlF6 RCCI1 ftAM r m� mu-u w+ Gu NORM ELEVATION t .'-° AST EELEVATION I GUEST } 005E 'PLA 4TION MS&R BURTON GUEST HOUSE na AN T7�7ii ^'1 El N �7150UTNw EIEVAPON NEST El; APON cu yr r-r -1EZ A"ON NJ LLYd /EI i[4d v< - � by LL4d Y9 00LL6d Mf-r M 1CY.6 YY-f II09LLLLQ W< I141416Y #a � SECTION K4 R ,Mm LL4-R y-f W0 LL6d w!-e' LLg4 uva 3 1NORTH-SOUIN SECTION NORTH -SOUTH SECTION --IE3 uvn+inn-n (31 NORh1-SOUTH SECTION YµG pf. FY /y�NORTH-$WTH SECT" m w" Rd wa .AN �GSITE PI .. � LAN E `I MS&R •vµ�iw � y.a ii �_ GGnneett i�uJy� lee[ 110/E B�HI� S BURTON GUEST HOUSE Remy Rd ono. MN °ns t ""'brmae SRE RAN A -WO n u I FIRST LEVEL �SECDRD LEVEL :.... 4�•nr sv: �K.te' U SECOND LEVEL 1hw 0 -1�BASEMENT LEVEL �q\ THIRD,LEL e K • rVE< FS MS&R BURTON GUEST HOUSE Ruw Ad o p. ACJ Y �oes� FLO PLANS A-101 RUN DATE 12/18/00 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 PROPERTY OWNERS LIST PAGE 32 PATCH 512 38 03-117-23 33 0001 38 04-117-23 43 0012 36 04-117-23 43 0013 PROF MR 00038 ADDRESS UHASSISNFD 027U RAINEY RD 02685 RAINEY RD OWNER NAME HENNEPIN FORFEITED LAND N F KANLER E E'RANIER R S 2 3 S VICKERMAN TAXPAYER CITY OF ORONO N F KANLER 0 E KANLER R SCOTT VICKERMAN NAME/ADDR P O BOX 66 2725 RAINEY RD SUSAN S VICKERMAN AM MN 55323 WAYZATA M 65391 2665 RAINEY RD .CRYSTAL WAYZATA NW 55311 ' 38 04-117-23 43 0015 35 04-217-23 43 0016 38 04.117-2'_ 43 0017 1'AW ADDR 02730 RAINEY RD 02690 RAIEEY RD - 00039 ADDRESS UNASSIGNED ORAEN MIME MARY SMART FOX J T DUCHARME 1 3 M DUCHARME TREES TO BE PRIVATE RD ASSOC TAXPAYER MANY SWART FOX JNN T A SHERYL M DUCHARME TRLES TO BE ASSOCIATION .enBm. MANE/ADDR 2730 RAINEY RO 2690 RAINEY RD 2770 RAINEY RD WAYZATA MH 55391 WAYZATA HN 55391 WAYZATA NNW 55391 PNOP ADDR 36 04-117-23 43 0015 00938 ADDRESS UNASSIGNED W 04-11-23 43 0019 000M ADDRESS UNASSIGNED 38 04-117-23 43 0021 00730 GANDER RD 1 ,wWWA NAME K M A P H BURTON TREES TO BE PRIVATE ROAD ASC MARIA 5 ANDERSON fAXPAYER KINSTEN A PATRICK BURTON TREES TO Be PRIVATE ROAD MARIA S ANDERSON NAME/ADDR 91 OAKVIEV TER ASSOCIATION INC 730 GANDER RD SNORT HILLS W 07078 2770 RAINEY RD WAYZATA HN 55391 WAYZATA MN 55391 QJ 38 04-1ADDRE 33 04-117-23 44 0002 SB 04-1RAINE 49 0004 PROP ADDR S UNASSIGNED 9OASK. ADDRESS WASSIGHED 02555 FOX ST 02601 RAINEY RD TAMER NAME u F ET AL P E EERLIME/M A ECREPLINE K N a P M PURTON TAXPAYER DENNISFKUMLINK f KUMLIN R PETER E ECKERLINE ATRON STENO"V B PTERI[K BURTON MIME/ADDR PO PDX 855 OBOX FOX ST 91 TER 91 WAYZATA MN 55591 ORONO NN 55393 ORONO SMDRT MILLS NJ 07075 SHORT HILL 30 04-117-23 44 0005 38 09-117.23 11 0007 38 09-117-23 it 0010 PROF ABDO 00710 GANDER RD 00598 04D CRYSTAL DAY RD S ON65 FRENCH LAKE RD OWNER NAME 0 L DANIELS A K 5 BURNS CITY OF ORONO ROBERT J a AM L DAYTON TAXPAYER DAVID L KATHLEEN DANIELS CITY OF ORONO ROBERT J A AM L DAYTON NAME/ADCR 714 GANDER RD 335 BROWN RD 1 FRENCH LAKE RD ORONO HN 55391 CRYSTAL DAY HN 55373 WAYZATA MN SS391 38 09-117-23 12 0001 36 09-117-23 12 0002 35 10-117-23 22 6002 ) PROP MR O00 Se ADDRESS UNASSIGNED 00840 OLD CRYSTAL DAY RD S 00845 MILLON DR 5 DRAWER NAME G A B MUST A J ELLIS G A A A E ANDERSON TAXPAYER GEORGE A MUST A J ELLIS GILBERT A ANDERSON MAME/A➢DR 620 OLD CRYSTAL DAY NO 549 CRYSTAL BAY RD NS 5 MILLW DR T WAYZATA MH 55391 WAYZATA MN 55391 •WAYZATA UN 55391 D3 1y u ell 7� n yll IKAN III m ARM AM'II 'll v f ;, LEVE Y RcN • eID LE d.2;VEL �f.3� .� 7 �1\BASEYExI LEVEL n IM72 LEVEL FS 7E1 • � i r / r / I c r r r GUEST }AovSE PLA ra NptM 14nm F." 4VI BURTON GUEST HOUSE ) LA51 ttEVA"N saTM a cwnw 7 w r �xtsr e�eviwx tea- -1EZ �nu 1 4nxcna 8 �_ � o0 �EAS�: SI�J�' G -1 k u LrAwj u_ c 1 t _ L MAIN }AovsE PLANS ®M M'AFaC M DZ Minnegasco Steve Von Barger, Real Estate Specialist 700 West Linden Avenue Minneapolis, MN 55440-1165 U.S West Qwest Communications 5910 Shingle Creek Parkway Brooklyn Center, MN 55430 Triax Cable Co. Attn. Robert Craig, Plant Manger 2381 Wilshire Boulevard Mound, MN 55364 Excel EnergylNSP Attu. Lisa Rainbolt 5505 County Road 19 Shorewood, MN 55331 i ' 1 Roost -s } ne[ou[ n[vrt P ._ as•r.'sr. n rw _ n- KY ♦Y.s .s BOOR PAGE Lv P:iELIN11nARY SITE PiAiY rm.S m nn+u° LtnR C.nVtf IOY M9 E D� Nm� woP.tYtlo. P Eu SHEET vav''ixi[uYi�iPiYO uYYmu. fixGVEvs mmvN +nArswrA[ CERTIFICAT E OF SURVEY ...... GARAGE r ' st Pri l'.,a �„' fib.. �•::i� .. i�/�,;nr' ��l y, i I� I W �„ !ten J � ��\v'J.o..+ •S"� - l N K w .. -✓Gur,i }: Poet. i PRELIMINARY SITE Pi-&. / CERTIFICATE OF SURVEY - .. J ,D@EYARD DEi MCR _ 7MUND.DETMCK — e� e i 9N�N `may •,M} T\q)bjx T 9N.N] tv" sa � I 'i 9a1.9,1 ' �0 �93•b0 --- - -s 8e.. xa.. ypp� SCARE: : P O:AND_ q 11 {I .t%W +9aTn yg1y�\ x R t >vN •' -N7e'�: ERlDNO MAUOR NATIVE DECIDUOUS HARDWOODS _„F_ } H fA>'w.Ee>�.•4>r T'.' CONSTM=ON ZONE DRAM FlHD ZONE W ' NEW TREE �LVlTING p�coI HOUSE SITE SECTION W.> TI; b �Mriw.�.PCu 9.•e a. eqv ,• ae.°sT Application Date: 12/20/00 Ffe 2 6 60 Day Deadline 4/19/01 Clfy ph REQUEST FOR COUNCIL ACTION C110'0 DATE: February 19, 2001 ITEM NO.: 10 Department Approval: Administrator Reviewed: Agenda Section: Name Paul Weinberger Zoning Title Zoning Administrator Item Description: #2651 Robin and Jeremy Rupp 2696 Caroline Avenue Variance Zoning District: LR-IC One Family Lakeshore Residential De,'rict (I/2 Acre) Lot Area: 33,076 s.f. (0.76 acre) List of Exhibits: A Approved Site Plan B Original Site Plan C Deck/Stairway Plan and Dimensions Application Summary: The Council directed Staff to draft a re>.d..tlon da) ing variances requesting hardcover over 25% for a lakeside patio and expansion to the drivewa% within the 75-250' Lakeshore setback. The Council did approve a variance to permit a 3' X 8' landing outside the patio door to access the front yard from the main living level of the house. Additional hardcover includes steps down from the landing to the ground level. The Council voted 3 to 2 to approve a variance to hardcover to permit the landing and stairway subject to the requirement no part of the landing encroach on the average lakeshore setback. COUNCIL ACTION REQUESTED Motion to adopt the attached resolution approving a variance for me landing and stairway and denial of a variance to permit the patio and expansion of the driveway. A RESOLUTION DENYING VARIANCES PER MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISION 16 (L) (2); AND APPROVING VARIANCES PER SEC"ION 10.22, SUBDIVISION 2 AND SECTION 10.56 SUBDIVISION 16 (L) (2) FILE #2651 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq., the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; w,d WHEREAS,Jeremy Bupp and Robin Bupp (hereinafter"the applicants") are owners of the property located at 2696 Caroline Avenue within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit A attached (hereinafter "the property"); and WHEREAS, the applicants have applied to the City of Orono for variances to permit construction of a lakeside patio and expansion of the driveway to exceed allowed hardcover in the 75-250' lakeshore setback. requesting the following approval: Section 10.22, Subd. 2 and Section 10.56, Subd. (16) (2): To allow 5,975 s.f. (26.5%) hardcover where 5,625 s.f. (25%) is normally allowed. WHEREAS, the City Council has reviewed the application; the recommendations of the City staff and the Planning Commission; and the comments and written statements submitted by the applicants. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono. Minnesota hereby denies the requested after -the -fact ve^ ---- < as described above based on one or more of the following findings of fact concerning this property: Page I of 6 A building permit was issued to permit construction of a new residence on the property based on a site plan that was submitted with the original building permit application. A Temporary Certificate of Occupancy (T.C.O.) has been issued with the requirements all the site grading and drainage plans are completed within 180 days. At the time the building permit was approved, the submitted site plan met all requirements of the zoning ordinances and building code. After additional review of the site plan it was discovered the 75' lakeshore s.ctback was not measured correctly. The site plan indicated a 75' setback to the Lakeshore Least side of the property). However, it was discovered the lakeshore bends around an adjacent property within 75' of this property. This resulted in more area of the property being included in the 0-75' protected zone where no hardcover is allowed. As a result, the area of the 75-250' zone is actually smaller than initially indicated, and the owners have had to omit certain items of hardcover to remain at the 25% level. 3. When the setback issue was discovered, construction of the new home was nearly complete. Since the house was nearly complete, it was not possible for the property owners to reduce the size of the structure. To conform to the hardcover requirements, the property owners had to reduce the size of the driveway, and remove a concrete patio from the plans. Neither had been constructed. 4. Swales are being provided around the house to direct water from the road, driveway and roof around the house and beyond the adjacent homes where the water will then naturally Bow towards the lakeshore. 5. In addition to the drainage swales, gutters are being added to the northeast roof line to direct water towards the from of the house and not towards the neighboring house. Draintile will also be installed to take the water from the house around to the front of the bank. Final grading and the draintile will not be completed until the ground thaws in the Spring. Because the additional grading and drainage improvements cannot be completed until Spring, staff issued a T.C.O. rather than a final Certificate of Occupancy (C.O.). When the improvements are complete, a C.O. will be issued. The City of Orono has routinely allowed individuals to occupy a home by a T.C.O. without all the exterior work being complete subject to a defined time period to complete the work. Page 2 of 6 6. The property consists of 0.76 acre, or 33,076 s.f. in 1=2 area. The lot is a legal building site in the LR-I C zoning district. 7. It is the intent of the Comprehensive Plan and 7onina Code to protect the water quality of Lake Minnetonka by limiting the amount of hardcover a lot contains. No hardship exists on this lot that would support approval of additional hardcover for a paved patio or expansion of the driveway. The granting of the requested after -the -fact %arlances would be contrary to the provisions of Municipal Zoning Code Section 10.08, Subdivision 3 (A) with which the applicants must first comply in order that %ariances be granted. The Council finds that: A. The property in question can be put to a reasonable use if used under the conditions allowed by the official controls if the proposed after -the -fact variances are granted. The driveway has 1,een approved as pan of the general site plan as minimally acceptable for access to the property. B. Granting of the proposed after -the -fact %yiances %%ould appear to serve as a convenience to the applicants and the applicants have not demonstrated a reasonable hardship or practical difftcult� acceptable to the City Council for the patio and driveway expansion. C. The conditions and Zoning Code limits imposed and existing on this property generally apply to all other land and structures in the zoning district in which this property is located as well as in adjacent residential zoning districts. FURTHER BE IS RESOLVED, the Council hereby approves a variance to permit 36 s.f. of hardcover to permit a 8' X 3' landing and minimal stairway to access the ground below the patio doors, based on the need to provide for a safe access at this location. The house has a patio door entrance off the main floor that would have provided access to the patio. Since the patio door was installed under the original building permit, it was planned that hardcover %could be available to allow a stairway and patio landing. Following the discovery that the entire 75' lakeshore setback was not fully delineated on the original site plan, it did not allow a reasonable access to the patio doors that have been installed. Page 3 of 6 10. 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. 11. Authorities granted by this variance run with the property not with the applicants. but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (February 26, 2002). 12. 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. 13. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the properr. Adopted by the City Council of the City of Orono on this 26th day of February, 2001. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 4 of 6 STATE OF MINNESO'.'A ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 26th day of February, 2001, by Barbara A. Peterson and Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _day of , 20_ before me a Notary Public within and for said county. personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. Notary Pub!ic STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _day of , 20_ before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. Notary Public Page 5 of 6 EXHIBIT A Lot 4, the Northwest %s of Lot 5; that part of Lot 3 lying Southeasterly of a line drawn parallel with and distant 60 feet Southeasterly ofthe Northwesterly line of Lot 23 and the same extended, and that part of Lot 23 lying Northerly of the Southerly line of said Northwest '/2 of said Lot 5 at Southeasterly of a line drawn parallel with and distant 60 feet Southerly of the Northwesterly line of said Lot 23 and the same extended all in Wessel's Subdivision of Spring Park Lots, according to the plat thereof on file and of record in the office of the Register of Deeds of Hennepin County, Minnesota. Also that portion of unnamed alley which lies between Lots 1, 2, 3, 4 the Northweterly half of Lot 5 and that part of Lot 23 lying Northwesterly of an extension Southwesterly of the Southeasterly line of the Northwesterly half of Lot 5, Wessel's Subdivision of Spring Park Lots, Hennepin County, Minnesota, and Southeasterly of a line drawn parallel with and distant 60 feet Southeasterly of the northwesterly line of said Lot 23 and the same extended. Page 6 of 6 Cm of ORONO 911-------� SITE PLAN 2 GRADINC MAN 7APPROVEO-/Uct-? (Z-'S ❑ APPROVED VhTH REVISIONS ' \ ❑ DISAP VE DA�1B'` •J �p�y , 4A ILT EUC�yE- 75' SE K L 936 \ \e cxo)\ i EXIST HOUSE ,'T �.� .o� na ,vas / •� \ `Q'W �'fr. �• %•/ I �7 HOUSE (UNDER 0PNST) DIM. SHOWN ARE 'o m `` 95LO 951 S" �' v; \ AREA CALCULATU I �?1, ?x"w / \sari , LOT AREA (TOTAL ABOVE 95V g \ `gyp / 9`.w �: \ X 15% - 4960 S.F. AL y 1 �(' o a,p a.�o 4194 S.F. a 84.5X OF 959'0 \ s LOT AREA (75-250 SB F EXIST .HOUSE y,N X 25% - 5625 S.F. Al 5625 S.F. PROPOSED HOUSE — 952— L \p d'r+ FRONT STOOP SIDE STOOP61P0! PATIO STEP RETAt" WALL DRIVE 1 'AggS° y}a. SETBACK LOT AREA = ( EA (<250 58 FF f I 1 LIME 9 5 Z P 18 PO SSE A� 0 dIW 929� �\ �• 2�� � ` \ i 731�� Q: Y ILT 75' SE ....R L 1915AT7`'.'� \Jk E >$` 16 1 x s - 2j4� \\\iE \6� a Y10�p y > Pi O u \ DO / !.. SCALE 1" = 30' (n 09 PROPOSE: ELEVATIONS a00 o A> GARAGE =LOOR-951.0 Z 1� 944� 9�� TOP FO-\JATION-952.800 w Z. LOWEST -LOOR- 944.0 ¢ U G o V; AREA CALCULATIONS 11/28/00 (REV. 12/28/00) oo w \ gM� LOT AREA (TOTAL ABOVE ONW) = 33076 S.F. / 0.76 ae J C m \ X 15% = 4960 S.F. ALLOWABLE STRUCT. AREA Ln I 0 4194 S.F. - 84S% OF ALLOWABLE 'N'ggg ~ LOT AREA (75-250 SB FROM OHW) = 22500 S:. 0 ! E%IST .HOJSc �,.rf X 25% - 5625 S.F. ALLOWABLE HARDCOVER =REA =. 5625 S.F. PROPOSED _ HOUSE - 4194 S.F. uv 2aFr.s ��_g ' 3y�° yam•: FRONT STOOP - 296 S.F. zv riau¢ ri2gim Y SIDE STOOPBPOST-38 S.F. a -.sacr M PATIO STEP - 6 S.F. RJ9JwumGo�cn. auvc. «r n. w - ftETAG WALL = 45 S.F. GR° 10/6ro n-< DRIVE = 1046 S.F. 99US° TOTAL = 5625 S.F. LOT AREA (<250 SB FROM OHW) - 60 S.F. 1 X 30% - 18 S.F. ALLOWABLE HARDCOVER A.EA 1 9 S.F. PROPOSED - (50% ALLOWABLE) / EXIST HOUSE / (g52.0 ,Tq y L/ gyp. yy_6 W51.0)10 // HOUSE (UNDER DU SHOWN ARI / 1 70/ ae JlD / I GAR' / I QA $ vvE=951.0 (951.0) A jb 1 � p a,n wo l� SETBACK 1 1 LYE S4°re Are4. (jo{ inclu '" 75' sefb�k� \9c L 25D,. — — 75' SETBACK LINE j / 51 y/ , '+(939^1 �- R1 �A0 / p•"� � / 6p is' EXIST HOUSE 259}S AREA CALCI LOT AREA (TOTAL AB( % 15% - 4960 S.F. ,y�s\p 4194 S.F. - 84.5% -d' \LOT AREA (75-250 SI % 25% - 5625 S.F. 5614 S.F. PROPOSEI HOUSE STOOP - RETM" OPoVE - TOTAL 5614 SI LOT AREA (<250 SO X 30% - 18 SF. 9 S.F. PROPOSED / • �....... I I H ol-e boo, p¢ .. 7 0 I 7S I elud y � Z SI / y / 75' SETBACK LIPS 16e-37 y/ DO 4 SCALE 1 " = 30' 1n �40 / PROPOSED ELEVATIONS GARAGE FLOOR-951.0 Z v i3 TOP FOUNDATION-952.8 LOWEST FLOOR= 944.0 O H AREA CALCULATIONS 11/28/00 0 H •�' y�°� LOT AREA (TOTAL ABOVE OH = 33076 S.F. / 0.76 cc q. LE STRUCT. AREA X 15% .F 4960 S.F. ALLOWABLE W 4194 S.F. = 84.5R OF ALLOWABLE (A c EXIST HOUSE ry LOT AREA (75-250 SB FROM OHW) - 22500 S.F. _ X 25% - 5625 SF. ALLOWABLE HARDCOVER AREA "IA SF. PROPOSED - 99% OF ALLOWABLE HOUSE - 4194 S.F. 6FV AREA6 11-e STppppPP 265 S.F. 6EV x6u5E 7/24M } RET Z WALL = 45 S.F. 6EV-AsaT 16E. 1p,M -100 i.i. DRIVE m 1114 S.F. oravF 6 TOTAL = 5614 S.F. MAD'+° 10161W 5614 SF / 5625 SF (99 R ALLOWABLE) LOT AREA (<250 SB FROM OHW) - 60 S.F. X 30R - 18 S.F. ALLOWABLE HARDCOVER AREA 9 S.F. PROPOSED - (50% ALLOWABLE) •eETINO Application Date: 1/19/01 pro 2 6 Completion Date: 1/19101 ko 24 60 Day Deadline: 3119/01 Gil r t y- REQUESTFORCOUNCILACTION wfQVO Department Approval: DATE: 2/22101 Name Wendy Bonenberg ITEM NO.: I Title Zoning Adminstrator/Planner Agenda Section: Zoning Item Description: #01.2660 Keith Waters & Assoc. for Jeffrey & Leontyne Maxwell 740 Willow Drive South variances Zoning District: RR-IB One Family Rural Residential District (2 acre) Lot Area: 45,216 s.f. (1.038 acres) List or Exhibits: A Resolution B Staff Report and Exhibits of2212001 Application Summary: The applicants own the subject property and are requesting lot area and lot Width variances to construct a new residence on the lot. The existing residence that was constructed in the early 1979s was removed per a demolition permit in December, 2000. The lot is approximately 1.038 acres where 2 acres is the minimum required area and approximately 162' wide where 200' is the minimum required width to construct a new residence in RR-1 B district. I. Section 10.28, Subdivision 5 (B): Lot Width: The lot is 162 feet wide where 200 feet is the minimum lot width for the RR-1 B zoning district for new construction. 2. Section 10.28, Subdivision 5 (B): Lot Area: The lot is 1.038 acres where 2 acres is the minimum lot area for the RR-1B zoning district for new construction. PLANNING COMMISSION: The Planning Commission recommended by a 4 to 0 vote to: Approve the application as presented. STA': :: COMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 5 (B), FILE NO.2660 WHEREAS, Jeffrey G. Maxwell and Leontyne A. Maxwell, (hereinafter "the applicants") are the owners of the property located at 740 Willow Drive South within the City of Orono (hereinafter "the City") and legally described as follows: Lot H, Block 1, Webber Hills, Hennepin County, Minnesota. (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit new residential construction on a 1.038 acre lot where 2 acres is required and having a lot width of 162 feet wide where 200 feet is required. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on February 21, 2001, at which tirre all persons desiring to be heard concerning this application were given the opportunity to speak ;hereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the C;ty Council of Orono, FINDINGS This application was reviewed as Zoning File #2660. The property is located in the RR- IB Zoning District, where 2 acres is the minimum required lot area. The property consists of approximately 1.038 acres. 3. TheOrono Planning Commission reviewed this application on February 21,2001 and recommended approval of the proposed variance based upon the following findings: A. The property has been developed with a residential use since at least 1970. Page I of 5 B. The site plan indicated the proposed setback 30'to the side property lines, 50' to the rear property line and 120' to the front property line, which meets the minimum requirements of Lire RR-IB zoning district. C. The lot can be developed without the need for further variances. D. There is no additional land to combine with the property. 4. 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 will 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to allow new residential construction on a 1.038 acre lot where 2 acres is required and having a lot width of 162 feet where 200 feet is required. Approval is subject to the following conditions: Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. It is the intent of the City Council that variances to develop the lot would not he looked upon favorably. Page 2 of 5 3. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one yearof the date of Council approval, or these variances will expire on that date (February 26, 2002). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 26th day of February, 2001. ATTEST: Linda S. Vee, City Clerk Property Owner (a) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 26th day of February, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corpo-ation and said instrument was executed on behalf of the City. Notary Public Page 3 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of . 2001, before me a Notary Public within and for said County, personally appeared known to me to bethe peson(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 2001, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who .:xecutcd the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 5 CERTIFICATE OF SURVE ( FOR KEITH WATERS & ASSOCIATES OF I OT 11, 13LOCK 1, WLHULR HILLS HENNEPIN COUNTY, MINNESOTA ' N 60°11'09" E 287.29..+.. 286.6.E- 1' -1 1 e R 1 �f l JAI'. 4r rn w N w +all\ •� _ �, t� pOSFO�j `"11.� > on S Jr, 1 tea/ 5 60'10'47" W 279.81 ..,.. 279.6-11 I.12. OI TO: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE: February 15 .1001 SUBJECT: #2660 Keith Waters & Associates/ Jeffrey & Leontyne Maxwell 740 Willow Drive South Variance -- Public Hearing Zoning District: RR-IB One Family Rural Residential District (2 acre) Lot Area: 45,216 s.f. (1.038 acres) List of Exhibits A Application B Site Plani'Survey C Permit issued for Demolition D Residence Plans E Location Map F Plat Map G Permit Record H Propery Owner's List Pertinent Code Section: 1. Section 10,28, Subdivision 5 (B): Lot Area: The lot is 1.038 acres where 2 acres is the minimum lot area for the RR- IB zoning district for new construction. 2. Section 10.28, Subdivision 5(B): Lot Width: The lot is 162 feet wide where 200 feet is the minimum lot width for the RR.I B zoning district for new construction. Application Summary: The applicants own the subject property and are requesting lot area and lot width variances to construct a new residence on the lot. The existing residence that was constructed in the early 1970's was removed per a demolition permit in December, 2000. The lot is approximately 1.038 acres and the minimum lot area requirement is 2 acres. A lot area variance is required to construct a new residence. The lot is approximately 162' wide where 200' is the minimum lot width required. A lot width variance is required to construct a new residence. This property is now included in the MUSA. The Webber Hills area was connected to city sewer in the summer of 2000. #2660 Keith Waters 6: Assoc Ueffrq A Leontyne Macwell 740 Willow !rive South Variance 111512001 Page I ANALYSIS Lot Area and Yards RR- IB District Standards RR-IB Lot Area Lot Width Required 2 Acres 209 Actual 1.038 Acres 162' Statement of Hardship: This is an existing lot which was platted prior to current zoning standards. Issues for Consideration: 1. The lot was platted prior to current zoning requirements. 2. A residence previously existed on the property. 3. There is no additional land to combine with the property. 4.Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the requested variances. To obtain a building permit the new residence must meet all height requirements, setbacks, and grading requiraueura. 02660 Keith Waters & Assoc /Jeffrey & Leuntyne Ala ell 740 Willow Drive South Variance 111312001 Page 2 JHI-1e.-20b1 15:02 4]]I rH: OI-- / Application N G (VC 0 (late Received 'h9400 Amount Paid CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variant for non -conforming structures $250,00 After -the -Fact Fees (Double application fee) PROPERTY INFORMATION Site Address 71!V Mi1Ipu_baN/0 �+ri-en Property IdentScation Number (P.I.D.) rJ3 117 23 S-A 2'i7(p Attach legal description to ap hcation if not included on required survey. Date Property Acquired" .'Srj 71YYy (month/year) 1 10(do not) also cwn the adjacent parcels of land. Present use of property: -)Lmsidential _other (specify) - 1 Zoning District._ P t.. - I . , APPLTCA1l�T� Phone (home)_ Name (( Phone (home) Address: City:_ Zin:5534fe_ I OWNER Gf erent than ppli t) Phone (home)l,j%�-�j1�]•31�7�., Name J G r�jm �,{ Phone { `(w,o' Addrsss:Q,OL P� City: ,( Zip: , DESCRIPTION O11 FREQUES���'/� Es�t ma�ted� nstr{µ,c�(o CgsttS�� Describe detay� Y) r/eq»est�rr V CES REQUIRED Cut Area _ Lot Width _ Hardcover _Lot Coverage — Setback: Front _.Side _ Rear Averagclaeshore Other (specify) HARDSMIDESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty}' or unusual p�operty =didons compliance w10 $orting,Pode re.quisemenls:-Y{y DI25QIdr6e LSrd.n cyl cS (attach additional sheets if p ecessary) r °'� cvhAtJt G Awl.(lrruinettzo 4, ►ued �ur 4 d4Ai^t � 6 •.,,......, n. nncev a uva wv NfT" OOee •id ria XAA 1,9:11 100Z/01110 REQUIRED SUBMITTALS All of the following information must he submitted I y�ie atyl_icution deadline date in order for your unnlication to be considered complete: t. _ Completed Application Form 2. Certified Property Owners List of owners within 1501, labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). 3. Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8'/," x 11" for reproduction. 4. _ Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8'h" x I I" for reproduction. 5. _ Sketches or plans of flooi & elevation views (protide one (1) copy 8W x 11"). 6. _ List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicants) if not current owner(s). 7. _ As an addeudura to this application, please attach a separate list of any other Persons you wish notified of this application. 8. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance amnlicatton is not somplete if the above information has not been included, APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application; end certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consuJilants, agents, Commission members, and Council members for purposes of investigation an verification of this request. Applicant must have all submitWs/mto the City offices ?i days before the Planning Commission Meeting. Planning Co,••,•`IA",'tsion Meetings are held on the third Mondayv-f each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have art authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 7 coo/coop aoafv v axQrvv Wr iav ...... CERTIFICATE OF SURVEY FOR KEITH WATERS & ASSOCIATES OF LOT 11. BLOCK 1, WEBBER HILLS ^ HENNEPIN COUNTY, MINNESOTA K N 80°17'09" E 287.29..... 266.6.0+.. I _ 1 i , 1 NICI' _ --' - _� _ � ! 11 w�. �- .•`• j R'� y � .. �y �1 w Q9 I v w •� .. • ' � Oleo / �'' � 14 n br 4s 1 /.� • � m u �n % ) 1 0 Az r, A S 60' 10' 47" W 279.94 ..,... 279.6 v.— PERMIT L CITY OF ORONO 2750 Kelley Parkway - PO Box 66 Permit Number: P03417 Crystal BayMinnesota 55323 Permit Type: Demolition (612) 249A600 Date Issued: 12n9120 SITE ADDRESS: 740 willow DrS WAYZATA, MN 55391 PID: 03.117-23.33-0006 DESCRIPTION: Proposed Use: Census Code 645 Permit Class: Building Permit Sub-type(s): Demo -Principal Structure Permit Type: Demolition DETAILS: Approved per resolution 0 Separate permits required: NOTICESIREMARKS Foundatioes'oll demo debris to be removed from ground & &postd of off site per PCA regulations. `.9e1's mist be abandoned. Inspection before backfiliing. =E SUMMARY: Permit Fee: $50.00 Valuation: S 0.00 State Surcharge Fee: $0.50 TOTAL FEE: $ 50.50 APPLICANT: Keith Waters&Assoc q Ty.000y OWNER: 3EFFREY MAXWELL 6216 Baker Rd Suite 110 740 WILLOW DR S Eden Pmirie, 51N 55456 WAYZATA MIN 53391 THE UNDERSIGNED HEREBY REQUESTS PERMISSION TO MAKE THE REAL IMPROVEMENTS SPECIFIED STATEOFEESTO OTABWORKOCODETCOMLIANiE. WITH ALL CITY OF ORONO ORDINANCES AND 1 EO BY SIC ArURE / Copies: City, Applicant, Assessor, Finance Pagel 4 1 oWcm LWri rt,14 MAvweLL ReJ lr�t_ l� a ME MnxWELI Ara Cc _ L - mr- (7 Mi w LANIU MI m S E ELM LA AW 100 9 ORAS 0 3 COrr[M I oe Z i WV LE LA t t E OnOP •.•�" WEAK CIA 11 ° OT 9 0 a _ 'sM �t svE s { a "'WATEATOWN .� co A00 TNOROUAN °y RED - 11! �1ca _ a�0• r ; s o U COUN OR DEYIN IA \ / Bilicb •. •'"• � Golf T i ; N ON M ; LONOYIEW Got 9.i / ••...• .. I course DDD EOYERSET rMR $lsE a Wn6 •.•'-" oFCI ,•• / FOX RIDGE AD 5�, _..I AYE HILL - "0929,11DEEP PUN n s v fine .-•'"•- MINGDON WAY 6 �•'•. ............ ....... .„ ..t S WHITE 40 pRON W = OyEN EM c e acaruaa u � _ '4«Er AD 80r� Noerenberg FAENCN LME a Tanagu uwell Garden ; RD r Ntk '3. gs, Lake r {, - ✓ ? LA 1 �� L Frcnch 4w ♦ r0`O CAEFNT REF 1 F t w/ ' RD Bay \� --- -- Lake ���esrt U� a Ar 3 r , ,f• �.�� tI-� Z NII� ) M M O R ONNrYA O , eoo Bracknrs Point Q - i BohnTPainr Crystal Bay ' z .J . Lafayet �.,:.. Country ub I / r 000 be _ N -MINNETONKA B FACH '' `� Fmjw[nnep Coui Taxer Servicesepartment 1 Par J Marcel 3 House Street e Cond r 0'dy, -dy, m Ji_wn nformaVon 1723130UL or 740 WILLOV I DR S ) t, ;n It a ,Mn s Man 1 SYars /oM aWNadisd _ I C- PERMIT RECORD Permit No. Date Type of permit v WA HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 03 117 23 33 0001 38 03 117 23 33 0006 38 03 111 23 33 0007 PROP AVON 30 ADDRESS UNASSIGNE' CONDMN 1 740 NILLDW DR S COMDMI 1 680 WILLOW DR S OWNER NAME HENNEPIN FORFEITED LAND J G MAXWELL 1 1. A MAXWELL NORMAN . .NEISTE ETAL TAXPAYER CITY OF ORONO JEFFREY 4 LEONTYNE MAXWELL NOPNAN H THEISTE NAME/ADDR P O SOX 66 201 PAARVIEW TER 680 S WILLW OR CRYSTAL BAY MN 55323 GOLDEN VALLEY HN 55416 WAYZATA !N 55391 38 03 113 23 34 0002 38 03 117 23 34 0004 36 03 111 23 34 0005 PROP ADDR 2185 WEBBER HILLS AD CONDMN 1 2135 SHEVLIN DR CON011I 1 2145 SHEVLIN DR OWNER MAKE MARGARET A GEPNUMDSEM E HARTINU22I WILLIAM M TOLES TAXPAYER MARGARET A GUUKUNDSEN J NARTINUZZI JAMES A DANIELS NAKE/ADDR 2185 NEBBER HILL. RD ERIC 4 JENNY MR MARTIHUEEI C/O JILL T B DANIELS WAYZATA IN 55391 2135 SHEVLIN DR 2145 SHEVLIN DR WAYZATA HN 55391 WAYZATA IN 55391 38 03 111 23 34 0006 38 03 117 23 34 0007 PROP ADDR 2155 SHEVLIN DR COMMON 1 2175 SHEVLIN DR CONNO4 1 ONNBR NAME J 4 J PAULSON R P RREOS 4 M N GUSTAFSON TAXPAYER JEROME T 4 JUDY A PAULSON A P MHOS I N K GUSTAFSON WANE/ADDR 2155 SHEVLIN DRIVE 2175 SHEVLIN DR WAYZATA NN 55391 WAYZATA MN 55391 PROP ADDR OWNER MAKE TAXPAYER WAME/ADDR I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPERARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF DATE •4W/BY CON" 1 Mrnr..0 ueeTINO FEB 2 6 2000 Application Date: 1/8/01 CITY OF ORONO Completion Uatet ligNl 60 Day Deadline: 3/9/01 REQUEST FOR COUNCIL ACTION Department Approval: DATE: 212' 0' Name Wendy Bottenberg ITEM NO.: 112, Title Zoning Adminstmtor/Flanner Agenda Section: Zoning Item Description: 401-2662 RVC Homes 1080 Wildhurst Trail Variance Zoning District: LR-IB One Family Lakeshore Residential District (I acre) Lot Area: 43,376 s.f. (.996 acres) - List of Exhibits: A Resolution B Staff Report and Exhibits of 221/2001 Application Summary: The applicant has purchased the subject properly and is requesting a lot width variance to construct a new residence on the lot. The existing residence that was constructed in the emly 1%0's and an accessory building will be removed. The lot is approximately .996 acres and the min:,num lot area requirement is 1 acre. A lot area variance is not required to construct a new residence, because the lot meets 80%of the rec.uired area per Section 10.24, Subdivision 5(B). The lot is approximately 100' wide where 14V is the minimum lot width required.:± lot "idtb variance is required to construct a new residence. 1. Section 10.24, Subdivision 5 (B): Lot Width: The lot is 100' wide at the shoreline and 108' %tide at the 75' setback where 140 feet is the minimum lot width for the LR-1B zoning district for new construction. PLANNING COMMISSION: The Planning Commission recommended by a 4 to 0 vote to: Approve the application a prcxurcu. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B), FILE NO.2662 WHEREAS, Rick L. Vogelgesang on behalf of RVC Homes (hereinafter 'the applicant") is the owner of the prop" located at 1080 Wildhurst Trail within the City of Orono (hereinafter "the City") and legally described as follows: Lots 5 and 6, Tonkaview Gardens, Hennepin County, Minnesota. (hereinafter `the property"); and WHEREAS, the applicant has applied to the City for a variance to?funicit Zonna Code Section 10.24, Subdivision 5 (B) to permit new residential construction on a lot having a width of 100 feet where 140 feet is required. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on February 21, 2001, at which time all persons desiring to be heard cone- wing this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File k2662. 2. The property is located in the LR-I B Zoning District, where 1 acre is the minimum required lot area. The property consists of approximately .996 acres. The Orono Planning Commission reviewed this application on February 21.2001 and recommended approval of the proposed variance based upon the following findings: A. The property has been developed with a residential use since at least 1960. Page 1 of 5 B. The site plan indicated the proposed setback 10' to the side property lines and the house would be outside of the 75' Lakeshore setback. The entire house would be located approximately 120' from the lakeshore, which meets the minimum setback requirements of the LR-I B zoning district. C. The lot can be developed without the need for further variances. D. The lot size is consistent with that of other developed properties in the neighborhood. 4. The City Council finds that the conditions exi .ting on this property ate peculiar to it and do not apply generally to other property in this zoning dist-ict, that granting the variance will 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. S Thn t-ih• f nnnrll huc r, _ cjAnmd thi< annljretjnq inrhldino T1'e flndinoc 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. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to allow new residential construction on a lot having a width of 100 feet where 140 feet is required. Approval is subject to the following conditions: Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. It is the intent of the City Council that variances to develop the lot would not be Page 2 of 5 looked upon favorably. 3. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (February 26, 2002). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood and hereby agree to the terms of this resolution and on behalf of himself, his heirs, his successors and assigns, hereby agrees to the recording of this resolution in the Cnain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 26th day of February, 2001. ATTEST: Linda S. Vee, City Clerk Property Owner (s) STATE OF MINNESOTA ) ) as. COUNTY OF HENNEPIN ) Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 26th day of February, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota r.::mxipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 5 STATE OF MINNESOTA ) ) as. COUNTY OF HENNEPIN ) On this day of , 2001, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) as. COUNTY OF HENNEPIN ) vu iiva day' of , 2001, bcfo:c me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 5 f\ V V I IVIyIL_.! OF LOTS 5 & 6. TONKAVIEW GARDENS HENNEPIN COUNTY, MINNESOTA i S 89°07' 25" E 164.94 - 1WA E%STFW i ;.E .All. F N �IM'N MI 1«.A S 83°41' S4" yl EXISTING HOUSE 37: 1 11 U"\ xn•S' w\ YVNfx�O \ I p� 1 --------' ;,,'�'� "-""" - >\ SURVEY 1\ ENE y 308.96 PROPOSED ELEVATIONS : rnnrcT LAKE 999A CONTMr, CwE V TO: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE: February 15 , 2001 SUBJECT: #2662 RVC Homes/ Rick Vogelgesing 1080 Wildhurst Trail Variance -- Public Hearing Zoning District: LR-IB One Family Lakeshore Residential District (I acre) Lot Area: 43,376 s.f. (.996 acre) List of Exhibits A Application B Site Plan/Survey C Enlarged Survey of Existing Residence D Elevations/Floor Plans E Hardcover Calculations F Location Map G Property Map H Permit Record I Property Owner's List Pertinent Code Section: 1. Section 10.24, Subdivision 5 (B): Lot Width: The lot is 109 wide at the shoreline and 108' wide at the 75' setback where 140' is the minimum lot width for the LR-lB zoning district for new construction. Application Summary: The applic: nts are in the process of purchasing the subject property and are requesting a lot width variance to construct a new residence on the lot. The existing residence that was constructed in the early 1960's and an accessory building will be removed. A demolition permit had not yet been obtained as of this writing. The lot is approximately .996 acres and the minimum lot area requirement is I acre. A lot area variance is not required to construct a new residence, because the lot meets 80%of the required area per Section 10.24. Subdivision 5(B). The lot is approximately 100' wide where 140' is the minimum lot width required. A lot width variance is required to construct a new residence. This lot is a iakeshore lot and is sewered. #2662 R✓CHomesBick ✓ngelgesing 1030 Wildharst Tr.d Variance 1113,2001 Page I ANALYSIS LR-lB District Standards LR-113 Lot Area Lot Width Required 1 Acre (800,o = 0.8 Acre) 14V Actual .996 Acres (No variance needed) 100', 108' Statement of Hardship: This is an existing lot which was platted prior to current zoning standards. jTTlTM i I�iSITd7E 1. The adjacent lot to the north is vacant. Will the new residence impact its views of the lake? 2. The lot was platted prior to current zoning requirements. 3. A residence currently exists on the propem, and wU be removed. 4. There is no additional land to combine with the property. 5. Other issues raised by the Planning Commission. Staff Recant epdation: Staff recommends approval of the requested variances. To obtain a building permit the applicant must provide an updated survey showing proposed residence, adjacent residences and sewer easement. The new resident: must meet all height requ::ements, setbacks, hardcover, structural lot coverage and Grading requirements. #2662 RYC HomeNRick Vogelgesmg 1080 Wildharsl Trail Vnrmnce 1113,2001 Page 2 JAN-19-2001 09:e0 PN P.02 ApplicationeM� Date Rutedved / Amount PAW '75_QO CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 (E50.00 per each additional v' ianw) Renewal Variance Fee $150.00 (no change from original application) Variance for non -conforming structure& $250.00 ,,.,a; -the -Fact Fees (Double application fee) PROPERTY INFORMATION Site Address go - property Identif cation Number (P113 ) Attach legal description to application if not included on required au vcY. Date Property AcquiredCinarYe��___(moothfyear) 1 (do) (do not) also own the adjacent parcels of land. Present use of property: ✓tesidendel other (specify) Zoning District: I P l tS APPLICANT Phone (hrnne) Olil Name (ZVC. 1'lor^" Phone(work) 4l2- 329-rrrO! _ Address:/-rro &Aom& dk✓ Salk/ao3 City: WMlzMdH Zip:47T"fj/ OWNER (if different than applicant) Phone (home) '.._ Name Phone (Work) Address: City:-- Zip: DESCRIPTION OF AEOUEST Estimated Constm•.tion Cost E•�-SO.u� -.T Describe request in detell: (' n 1Jt Rags %1 Or n.arsTW4 ^.� (attach additional sheets if necessary) y VARIANCES REQUIRE Width Hardcover T.ot Coverage Lot Area Lot — - _ Setback: Front _ Side _ Rmr Average Lakeshore Other (specify) HARDS®P/DESCRP'TTON OF UNUSUAL PROPERTY CONDIYIONS Describe undue hardship or pmcn;al difficulty or unusual property conditions preventing compliance with Zoning Code tequiremsnts:_ ,2a'• ,--arsdJu(tes"AL ! arxts/tr r ax s 1 AjA, n .aR4 (attach additional sheen If necessary) ter t: r l LJL; pi Sm r.i for Roy E 0e41nn It lcs 5 u'0 6, (OffKAt IEx OAROLAS Nennenln county. xlnnesoce i p•. }tom sr,•ar! •,t i t 4 �rY1:��M f7 �:.Y "' (Y.J•• ��C'.: TV C..! i`.. I n•rch. <ort L'y tn,, ^'t 11 a Erne an0 carroct repreteotlt,on of a a' Loss 5 end 6, IO11wA l7iP WROERS. xeanepry ln [oen. Rl........ en0 i•tlnq he'lefn7% t no. •wt p"port to sno•, en+ other It,"ro .enLa other Lnan ;lS101e •Ee rO[o+sr•, t 4 �rY1:��M f7 �:.Y "' (Y.J•• ��C'.: TV C..! i`.. I n•rch. <ort L'y tn,, ^'t 11 a Erne an0 carroct repreteotlt,on of a a' Loss 5 end 6, IO11wA l7iP WROERS. xeanepry ln [oen. Rl........ en0 i•tlnq he'lefn7% t no. •wt p"port to sno•, en+ other It,"ro .enLa other Lnan ;lS101e •Ee rO[o+sr•, Ce/t ✓, qte of Surer/ /Or ROY E 04atnn et lIf 5 an! {, YenKAYIEY GAROEN5 Nennapin Ceunti. Nlnnesott 16 r'rew. GaFo: \� C'norely C.rtlfr that L:: IIs a trve the Correct ropre{eat,t:en of e and 6, TOOKAY:[l; GROfNS, Nennepin count,, filled. tt, me ialny oundIll; :':HCo.: aoet not e,.rpert to Soar en• other Ind \ dents other then Visible •n Veco,vr•, l _w Certificateof Survey for Roy E. Benson of Lots 5 and 6, fONKAYIEN GARDENS Hennepin County, Minnesota 1, 4 �y a, tl Rw qa t I Sa_ 1 �co � -3oadw I t hereby certify that this Is a true and correct repr of Lots 5 and 6, TGHXAy:E4 GAkDEHS, Hennepin County, isting buildings thereon. It does not purport to show Bents other than visible 'hardcover'. Scale : I' . 30' Date 4-5-89 0 Iron marker Cart l f icate of Survey for Roy E. Benson of Lots 5 and 6, TONKAVIEN GARDENS Hennepin County, Minnesota /086 WilC14U ->f l; (:' IVAS 11E1A MS BEEN OCppFUMEB a-u' naa Tkf /to qQ.s l.oK rc )a, H,erory..•r.e feoy ! 3)sK rebv certify that this is a true and correct representation of a survey of the covrcaries ots 5 and 6, TONKAV:E!l GAUENS, Hennepin County, iii nnesota, and the location 0- an, ea- ng buildings thereon. It does not purport to show any other lop. ovements or er.c-oach- s other than visible "hardcover". e : O . 30' COFFIN S GRONnERG, INC. = O a-5-89 Iron marker Engineers. Land Lonl Leers, land Surveyors and Planners Lon lake, Ili nnesU is IOM W NAlIUNST ONONO LM 5 & 0 WNNA VIEW OAMLNS P R 5 ELEVATION Y/I.irvM10M1•f1Y, =pr�ax e[br vel v[ i ME r•� / ••. � n NOTG9� ��ur�urnu•er IY2n�mw -:•%r-ter r[ •r[w n� a } urw..�ar m9C.T�1lJ.^ � v,• •c r NIIlmY1l iGCitrYf.'i•P'�Cl'[ � 4 •b •.t,y CJ'i[ DLOLK FCIRMONGiNO LMMIT� uY r�rtMw.fY�r FTr.l.. dfld�L VwYpll �IM fop y 5eLTON °A° A NB4.IICfd Nr I f Tx• nY rr rY mf a _ ¢iSG i i _____ ___ I I pi Y V P exx r nmY PnyO I KQGCM f <� TT JAM' •Y nr Y✓ Y'f .I T' ` WIWRWM LAW3 � • x•xex � 1 Y c :E y ./ 'iY +.rn 1mT Tnw x• 1 ____________ Z ern _ YmcM � xun "ngtl i wrwa l T+r r7w w g I mis 1 I I nrr�N 2 .,n•� ,f,Y rY M M I/ If rN nT 'H — T� ' I W Yumnrtn e�T.nxl N MY 4 •Ym.I O,•wwn MM •,P ��m ws,• m ,rY ._ ___ _ FIRST FLOOR FLAN ....vwry a OOR PLAN h, .. -- �tLei 0, 1 01 ;; � I II k� E cur acc aaow I opr r I %L I * k _ T. �...�..� k ----�—I ___—____- II I I I I I I I I hk ---------- — -- z 3---� M ,M fI M.' -- - - - -- 13ENT PLANANMENT FAT L N HARDCOVER CALCULA 1VORKSHEET E SETBACK ZONE: (CIRCLE ONE) 0.75' 5-250' 250-500' 500-1000, P.XlqTING HARDCOVER IN ZONE A. House _ x a S.F. Length width x . S.F. x _ S.F. x _ S.F. B. Garage _ x S.F. C. Driveway x S.F. x - S.F. D. Sidewalk x S.F. _ x - S.F. E. Patio/Deck x - HcYu S.F. x = S.F. F. Landscape x _ - L�o S.F. Underlain x - S.F. By Plastic x S.F. G. Other x - _ S.F. CA TOTAL HARDCOVER IN ZONE - ma's- S.F. A TOTAL PROPERTY AREA IN ZONE '3a.lfs L- S.F. B A 11(0(f r B '3'1 x 100 - _ ';c•� % A B x 100 - % PROPOSED HARDCOVER IN ZONE /I A. House x S.F. oath wWih x - _ S.F. x - S.F. x - S.F. B. Garage 3) x -7, ILI S.F. C. Driveway �OD x /L/ - 8`TC S.F. x - S.F. D. Sidewalk `lo x 910 S.F. x &F. P�JF E. PatioMeck x 7 S.F. t�}' x S.F. F. Landscape i S`O x Z - cDJ S.F. V ki Underlain x - - S.F. By Plastic x - SYN"- G. Other x - S.F. ((�� TOTAL HARDCOVER IN ZONE - A4 �0y S.F. A •?POOL TOTAL PROPERTY AREA IN ZONE - —�� S.F. B .��7�/ A N 107. . B ou- A OCi (. x 100 - °A I I.O 12 CITY of ORONO \\ 'd •tip. ' Municipal Offices street Address: MallinY Address: ��E61ti0��+ 2750 Kelley Parkway P.O. Bar 66 Orono, MN 55356 Crystal Bay, MN 55323.0066 HARDCOVER ORDINANCE - In 1975, the Orono City Council adopted an ordinance limiting the percentage of lot area that can be covered with impervious surface ("hardcover") such as roofs, driveways, sidewalks, etc. on properties located within 1,000 feet of a lake. Studies have shown that sediments, oils. and debris carried into the lake from highly urbanized areas have a detrimental impact on the quality of water in the lake. The intent of Orono's ordinance is to ensure that rainfall run-off will be cleansed by filtering through grassed or vegetated yard areas before entering the lake. Hardcover Zones - Allowed Percentages: 0-75 Oa/o 75.250' 25% 250-300' 30% 500-1000' 35% Hardcover includes: - Roofs - Sidewalks - Paved or gravel driveways - Patios & decks (includes slatted decks) - Tops of retaining walls & rock walls - Decorative landscape areas underlain by plastic sheeting or fabric - Any other surface that noes not allow direct absorption of rainfall into the ground INSTRUCTIONS FOR COMPLETING HARDCOVER CALCULATION WORKSHEET 1. Circle which setback zone (0-75. 75-250', etc.) the calculation is for. 2. For each item of hardcover within that zone, enter the length and width, and multiply to get square footage (s.f). 3. Add up all the square footages to get total square footage of hardcover. 4. Divide by the total area of property within the zone and multiply by 100 to get percentage of hardcover in the zone. 5. If changes in hardcover are proposed, you should do a "before" worksheet Md "after worksheet. If either results in percentages greater than those allowed. contact City staff before proceeding with your project planning! Telephone (612) 2494600 • Fea (612) 2494616 11 N sy U Y-CMRSTI F OR g Z e EILEEN ST S a3 n � � OV'O fit• R < 0 i0 m '- ITM`� 400 E Y / t'. [A474 .Si ID �4115 I EAT DE RO etr e d Sr � tT ' SUEbbs. 9 uSsus. FLN FOX $ �.WrS6 (ESi /RANCH RR'- y'ri 9lE 1 NO 151 Ab,F wa e` Nor t a� � 1lFaswelJ on eOAHL RO �W\ **- \\F4yIi1QSWe l, '. 0 �u 3A7 \ \1- C ;BQy rFores'tERANDW�s o` y , Lake' SkogsbrrgPaint s•_� °' 99 •RCM NAOA a West . 4 ORONO 0 Arm y� Shad aad PAW VO ne.�wrao P, SUWp FagernusPdnf e°exs•. PONT'Q ' ILA NL ' Crystal gp Bohn O 1 .• • Bay ILRON ., � 'SprinAIIprin I • $ 7N F g .� Park u"a Hennepin County Map Smer Page 1 of 1 G, Hennepin C-ounh. Minnesota 07-117-23.24-0011 1, 1321t. 43.376 sq.it. = 0.996 acres /OS'D CJ,'/clAU45* PERMST RECORD Permit No. Date Type of Permit /l.&A:1..4— S797 -- --- a-/D -s-------� r Martin and Nan Nimerfroh Mrs. Harriet Morgart Mr. Michael McKenney 999 Wildhurst Poll 1003 Wildhurst Trail 1045 Wildhurst Trail Orono MN 55364 Orono MN 55364 Orono MN 55364 Mr. and Mrs. Sieff Mr. Harvey Schultz John and Cindy Culliton 1080 Wildhurst Trail 1085 Wildhurst Trail 1131 ll'ildhurst Trail Orono AN 55364 Orono .10!55364 Orono. ^'55364 Mr. and Mrs. Lyle Rahn Brian and Sandra Rasmussen Mr. Peter Martinson 1146 Wildhurst Trail' i i 86 Wildhurst Trail 4460 Forest Lake Landing OronoM7V55364 OronoMN55364 Orono.L1N55364 Mr. Jon Blackstone Mr. and Mrs. Richard Walter ,�..' Mr. Ray Hurley 4465 For cst Lakc Landing 4470 Forest Lake Landing 4475 Forest Lake Landing Orono AN 55364 Orono MN 55364 Orono MN 55364 Mr. and Mrs. Loren Schoenzeit John and Karen Prew FrekdJill�I�ke4480 Forest Lake Landing 4490 Forest Lake Landing 41Drive Orono MN 55364 OronoMN55364 Or4 Mr. & Mrs. Michael Wear Mr. & Mrs. D. Timp 1134 Wildhurst Trail 1074 Wildhurst Trail Mound, MN 55364 Mound, Mn 55364 r., ,.,,,,, •rct$t1N� FEB 2 6 2000 REQUEST FOR COUNCIL ACTION Ott v ur utliNrO DATE: February 26, 2001 ITEM NO.: / j Department Approval: Administrator Reviewed: Agenda Section: Name Greg Gappa Public Services Directors Report Tale Director of Public Services Item Description: Bid Award - Equipment & Materials Bid 2001 The City of Orono advertised for two successive weeks for street materials and equipment rental, with bid opening at 1:00 P.M. Friday, February 9, 2001. The enclosed tabulation contains a complete accounting of all bids. For comparison purposes I have also included a copy of the 2000 bid tabulation. The accepted low bids for materials are determined by availability and location of materials. Traveling distance to a supplier is considered a cost factor when determining a low bid. When renting equipment with an operator, we are guided by the type, size of equipment, and an hourly rate. It is possible to award the low bid to more than one contractor when considering materials and equipment.:r, order to stimulate enthusiasm frr the following year's work, we make sure to divide the work accordingly among these low bidders. In the event the low bidder is not available, the City reserves the right to purchase from the next alternate. COUNCIL ACTION REQUESTED: I recommend that the City Council accept the bids as presented for the calendar year 2001 rd TO: Greg Gappa, Public Services Director FROM: Jack Brinkhaus, Public Works Supervisor DATE: February 26, 2001 SUBJECT: Bid Award - Equipment & Materials Bid 2001 The City of Orono advertised for two successive weeks for street materials and equipment rental, with bid opening at 1:00 P.M., Friday, February 9, 2001. The enclosed tabulation contains a complete accounting of all bids. For comparison purposes I have also included a copy of the 2000 bid tabulation. The accepted low bids for materials are determined by availability and location of materials. Traveling distance to a supplier is considered a cost factor when determining a low bid. When renting equipment with an operator, we are guided by the type, size of equipment, and an hourly rate. It is possible to award the low bid to more than one contractor when considering materials and equipment. In order to stimulate enthusiasm for the following year's work, we make sure to divide the work accordingly among these low bidders. In the event the low bidder is not available, the City reserves the right to purchase from the next alternate. I recommend that the City Council accept the bids as presented for the calendar year 2001. rd CITY OF ORONO 2001 BID TABULATIONS FOR STREFT M,iTERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE CLASS 5 GRAVEL TON PIT DEL. CLASS 5 GRAVEL TON RECYCLED PIT DEL. FA-2 CLASS C (SEAL COAT) TON PIT DEL. FA-1 (WINTER SAND) TON PIT DEL. Barton Sand & Gravel Co. 6.28 9.53 6.71 9.96 6.71 9.96 Buf£alb Bituminous 3.60* 7.75* 5.25 8.75 Midwest Asphalt Cor . 5.35 8.59* SA -AG Inc. --1 1 5.%• William Mueller Est3 .66 8.66 1 5.05* 10.05 10.05* I5.05* 3.26• 8.26 * Denotes low bid CITY OF ORONO 2001 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE 1 1/2' CLEAN CRUSHED LIMESTONE TON PIT DEL. 1 1/2' MINUS CRUSHED LIMESTONE TON PIT DEL. 3/4' CLEAN CRUSHED LIMESTONE TON PIT DEL. 3/4' MINUS CRUSHED LIMESTONE TON PIT DEL. Soma Stand & Gravel 25.56 28.81 1 21.83 25.08 Bryan Rock Products 9.25 13.30• S.90 9.95• 9.25 13.30• 5.90 9.950 William Mueller &Sons 9.05* 14.05 80 S.• 10.80 9.05' 14.05 5.80• 10.80 MC 30, 70, 250, 800 GALLON PLANT DEL. & PLACED CRS - 1 & 2 GALLON PLANT DEL. & PLACED RC 250-800 GALLON PLANT DEL. & PLACED William Mueller & Sons 2.50* Denotes low Aid CITY OF ORONO 2001 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE 2331 AC 2331 MC PLANT TON DELIVERED PLACED PLANT TON DELIVERED PLACED Buffalo Bituminous 23.00* 26.25' 28.65' Commercial Asphalt 28.06 Midwest Asphalt 26.00 27.50 30.50 William Mueller & Sons 26.64 31.64 34.95 2341 MC TON PLANT D PLANT DELIVERED PLACED Buffalo Bituminous 23.00*' U31.(A Commercial Asphalt 28.06 Midwest As halt 26.00 William Mueller & Sons 26.64 * Denotes low bid CITY OF ORONO 2001 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE MOZAC PLANT ED MOD. FINE MIX 2341 MC TON PLANT DEL. PLACED 50 - 50 2341 AC/MC TON PLANT DEL. PLACED Bufdo Bituminous 24.10• 5• commercial fthalt 29.39 Midwest Asphalt 26.50 28.00 31.90 WIIIWn Mueller & Sons 27.70 32.70 36.00 • Denotes low hid CITY OF ORONO 2001 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE ALL PRICES TO BE DELIVERED 12" CMP 16 GAUGE 15" CMP 16 GAUGE 18" CMP 16 GAUGE 24" CMP 14 GAUGE 24" CMP 16 GAUGE 36" CMP 14 GAUGE 48" CMP 12 GAUGE 60" CMP 10 GAUGE All Steel Products 8.00* 10.00* 12.00* 20.00* 16.00* 30.00* 55.00* 86.00* Johnston Ps 8.50 10.50 12.50 20.50 16.50 30.50 55.50 86.50 ALL PRICES TO BE DELIVERED All Steel Products 12" APRON 39.00* 15" APRON 49.00* 18" APRON 65.00* 24" APRON 96.00* 36" APRON 270.00* 48" APRON 670.000 60" APRON 1t00.00* Johnston Far o 40.50 50.50 65.50 100.50 300.50 700.50 1200-50 24" BAND 36" BAND 48" BAND 60" BAND ALL PRICES TO BE DELIVERED 12" BAND 15" BAND 18" BAND All Steel Products luhnstot. Faro 9.00* 12.50 12.00* 15.50 15.00* 18.50 24.00* 24.50 46.50 45.50* 90.00 93.00* 129.000 129.50 * Denotes low hid CITY OF ORONO 2001 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE TRUCK RENTAL PER HOUR CY RATE TRUCK RENTAL PER HOUR CY RATE TRUCK RENTAL PER HOUR CY RATE TRUCK RENTAL PER HOUR CY RATE No Bidders • Dmfts low bid CITY OF ORONO 2001 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE BACKHOE BACKHOE BACKHOE PER HOUR PER HOUR PER HOUR CY RATE CY RATE CY RATE No Ridders 3/4 TON PICKUP W/8 PLOW PER HOUR No Bidders WHEEL LOADER PER HOUR CY RATE WHEEL LOADER PER HOUR CY RATE WHEEL LOADER PER HOUR CY RATE No Bidders • Denotes low bid CITY OF ORONO 2000 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS- EQUIPMENT IS BID PER HOURLY RATE CLASS 5 GRAVEL TON PIT DEL. CLASS 5 GRAVEL TON RECYCLED PIT DEL. FA-2 CLASS C (SEAL COAT) TON PIT DEL. FA -I (WINTER SAND) TON PIT DEL. Wm Mueller& Sons 3.66 9.26 4.60' 9.20 10.05• 14.65• 3.00 7.60 Barton Sand & Gravel Co. 5.01 7.61 5.54 8.14 4.47 6.50 Midwest Asphalt Co . 5.27 7.95' SA -AG Inc. 2.02• 5.3G' Buffalo Bituminous 3.40' 6.75• 5.35 8.75 • Denotes low bid CITY OF ORONO 2000 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE 1 112' CLEAN CRUSIIED LIMESTONE TON PIT DEL. 11/2' MINUS CRUSIICD LIMESTONE TON PIT DEL. 3/4' CLEAN CRUSIICD LIMESTONE TON PIT DEL. 3/4' MINUS CRUSIIED LIMESTONE TON PIT DEL. _ Bryan Rock Produces 8.55 12.50 5.60* 9.55* 8.55 12.50* W m Mueller & Sons 7.42* 12.02* 5.80 10.40 7.99* 12.59 5.80 10.40 MC 30, 70. 250, 800 GALLON PLANT DEL. & PLACED CRS - 1 & 2 GALLON PLANT DEL. & PLACED RC 250-800 GALLON PLANT DEL. & PLACED Wm Mueller & Sons 2.10* Midwest Asphalt 4.00* * Denotes low bid CITY OF ORONO 2000 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE 2311 AC TON DELIVERED PLACED PLANT 2331 MC TON DELIVERED PLACED PLANT Commercial Asphalt 25.56 Wm Mueller & Sons 23.45 28.00 31.50 Midwest Asphalt 26.00 27.50 27.70* Buffalo Bituminous 22.50* 26.25* 30.75 PLANT 2341 AC TON DELIVERED PLACED PLANT 2341 MC TON DELIVERED PLACED Wm Mueller & Sons 23.45 28.00 31.50 Midwest Asphalt 26.00 27.50 27.95* Commercial Asphalt 25.56 Buffalo Bituminous 23.00* 26.75* 31.25 * Denoles low bid CITY OF ORONO 2000 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE - MOD. FINE MIX 2341 AC TON PLANT DEL. PLACED MOD. FINE MIX 2341 MC TON PLANT DEL. PLACED 50 - 50 2341 AC/MC TON PLANT DEL. PLACED W m Mueller & Sons 24.45 29.00 32.50 Midwest Asphalt 26.00 27.50• 28.90• Cummcrcial As shall 26.63 Buffalo Bituminous 24.00• 27.75 32.25 + Denotes low bid CITY OF ORONO 2000 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE ALL PRICES TO BE DELIVERED 12' CMP 16 GAUGE 15" CMP 16 GAUGE I8" CMP 16 GAUGE 24" CMP 14 GAUGE 24" CMP 16 GAUGE 36" CMP 14 GAUGE 48" CMP 12 GAUGE 60" CMP 10 GAUGE Johnston Faro 8.00* 10.00* 12.00* 20.00* 16.00* 30.00* 55.00* 86.00* All Steel Products 8.00* 10.00* 12.00* 20.00* 16.00* 30.00* 55.00* 86.00* ALL PRICES TO BE DELIVERED 12" APRON 15" APRON 18" APRON 24" APRON 36" APRON 48" APRON 60" APRON Johnson Farms_ All Steel Products 40.00 39.00* 50.00 49.00* 65.00* 65.00* 100.00 96.00* 300.00 270.00* 700.00 670.00* 1200.00* 1200.00* ALL PRICES TO BE DELIVERED 12" BAND IS" BAND 181, BAND 24" BAND 36" BAND 48" BAND 60" BAND Johnston Faro 12.00 15.00 18.00 24.00 45.00* 82.50* 129.00* All Steel Products 9.00* 12.00* 15.00* 23.00* 46.00 90.00 180.00 * Denotes low bid CITY OF ORONO 20001111) TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE TRUCK RENTAL PER HOUR CY RATE TRUCK RENTAL PER HOUR CY RATE TRUCK RENTAL PER HOUR CY RATE TRUCK RENTAL PER HOUR CY RATE Schoening Excavatinlp 12 44.00- . Denies low bid CITY OF ORONO 2000 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE DID IN TONS - EQUIPMENT IS BID PER HOURLY RATE BACKHOE PER HOUR CY RATE BACKHOE PER HOUR CY RATE BACKHOE PER HOUR CY RATE Schoening Excavating 3/4 70.00• 1 75-00. 3/4 TON PICKUP W/3 PLOW PER HOUR Schoening Excavating 45.00/hr• WIIEEI, LOADER PER HOUR CY RATE WHEEL, LOADER PER HOUR CY RATE WHEEL LOADER PER HOUR CY RATE Schoening Excavatin 3 70.00• - Denotes low hid e111 N1, REQUEST FOR COUNCIL ACTION „ 6 10 DATE: February 26, 2001 FEB VMVMO ITEM NO.: Department Approval: Administrator Reviewed: Agenda Section: Name Gregory A. Gappa Public Services Director's Report Title Director of Public Services 2001 In 2000, we solicited quotations for annual park mowing services from several area firms Shaughnessy Lawn Services of Orono provided the lowest quote of $13,900 for this service. This firm did an excellent job last year, and we were very satisfied with the service that a as provided. They are interested renewing their quotation for another year with an increase of S400 to cover increased fuel and labor costs. This is a very reasonable increase, and we are recommending acceptance of the quotation of $14,300 from Shaubl:...,sy fawn Service for year 2001 park mowing. COUNCIL ACTION REQUESTED: Motion to accept quotation from Shaughnessy Lawn Service, Orono Minnesota for the 2001 season, park mowing in the amount of $14,300. ,.e�sN6 REQUEST FOR COUNCIL ACTION FEB26W U,,UNU DATE: February 26, 2001 ITEM NO.: // Department Approval: Administrator Reviewed: Agenda Section: Name Gregory A. Gappa Public services Director's Report Title Director of Public Services e12 Assessment for St. t'awarn's Cnurcn In 1999. St. Edward's Church, located on North Ferndale Road, was connected to sewer and water service from the City of Plymouth per the terms of an agreement approved by both Cities. The church is billed directly by Plymouth for sewer and water service. in 1999. the City of Plymouth assessed the church $3,696 for sewer and water connection charges. This assessment was supposed to begin in the year 2000. It was recently discovered that this assessment was never levied against the property by Hennepin County because the parcel is not in the City of Plymouth. This assessment has to be levied by Orono because the property is located in Orono. The City of Orono currently has an assessment of approximately $13,000 against the church for costs to extend the se.,er across North Ferndale Road to the church property. This work was completed in conjunction with the North Ferndale Road reconstruction project. The attached resolution revises the original assessment to include the Plymouth connection charges beginning in 2001. These charges will be assessed for four years at a 6.5% interest rate to match the original assessment time period and interest rate. There are two methods for Plymouth to recover their money from this assessment. One method would be to send Plymouth a check every year, for the next four years, in the amount of the principal and interest received from Hennepin County. An easier method would be to send Plymouth a check for $3,696 for the entire amount of the connection charges, and then Orono retains the principal and interest payment from the County every year. This method has been used previously, as sewer connection charges to both the Cities of Long lake and Minnetonka Beach have been paid up -front then assessed to the property owners. We are recommending approval of the attached resolution adopting the supplemental assessment roll and approval to send Plymouth a check for the entire $3,696 connection charge. COUNCIL ACTION REQUESTED: Approval of the resolution adopting the supplemental assessment for St. Edward's Church Sewer and Water Service to include the City of Plymouth Connection Charges. Approval of payment of $3,696 to the City of Plymouth for Sewer and Water Connection Charges for St. Edward's Church with this cost to be reimbursed to the City of Orono through m- St. Edward's Church supplemental assessment for sewer and water service connection charges. A RESOLUTION ADOPTING THE SUPPLEMENTAL ST. EDWARDS CHURCH SANITARY SEVER AND WATER SERVICE ASSESSMENT ROLL WHEREAS, the property owner has signed a petition for a local improvement requesting completion of an assessment project for sauitwn sewer and water sen ice improvements. WHEREAS, on November 8, 1999 the Orono City Council approved Resolution #4381 adopting Assessment Levy # 14807 beginning in theyear 2000 with a principal amount of$ 13,993.00 for five (5) years at an annual interest rate of 6.5 % for costs associated with sewer and water service extension to the property. WHEREAS, the City ofOrono wishes to amend Assessment Levy # 14807 to add $3,696.00, as Project #2236 to this assessment for City of Plymouth sewer and water connection charges, to be assessed beginning in year 2001. This supplemental assessment amount will be at the same interest rate and time period as Assessment Levy 914807. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Orono, Minnesota. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hc-iby accepted and shall contribute the special assessment against the land named therein, and each tract of land therein includes is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such supplemental assessment shall be payable in equal annual installments extending over a period of 4 years, the first of the installments to be payable on or before the first Monday in January 2001 and shall bear interest at the rate of 6.5%per annum from January 1, 2001 through December 31, 2001. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time, pay to the City Treasurer the entire amount of the assessment remain - a,; "paid, w;th interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged though December 31 of the next succeeding year. Partial payment Page 1 of 2 may be allowed in accordance with ordinances which are existing or which the City may choose to adopt in the future. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax list of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of Orono this 26th day of February, 2001. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 2 of 2 Supplemental Assessment 36Febroary-01 Municipal Code: 38 Municipality: ORONO Project Number: 99-3 Levy Number: 14807 Levy Description: St. Edwards Church Sanimn Sewer and Watermain Total Project Assessment: 53,696.00 Interest Ruts 6.5 % Number of Years Payable: 4 Levy 0 PID a Total Lot Block Name Street Property Address Mailing Street Address -- Principal d Mailing City Address 14807 25-118-23 44 0002 53,696.00 St. Edwards Episcopal 865 Ferndale Road North 865 Ferndale Road North I Church Wayrata, MN 55391 53,696.00 1 Page I „ear tP, 2 6 � REQUEST FOR COUNCIL ACTION FE9 tisst Jr AH D DATE: February 22, 2001 ITEM NO: / f Department Approval: Administrator Reviewed: Agenda Section: Name Ron Momse City Administratofs Title City Administrator b4 Report Item Description: Administrative Support Assistant Appointment The process of hiring a replacement for the Administrative Support Assistant position has been completed. The top candidate is Denise Leskinen. Denise has worked for the City in a temporary capacity perforating many of the duties of the Administrative Support Assistant position, and has done an outstanding job. Staff is recommending she be appointed to the Administrative Support Assistant position on a permanent basis. COUNCIL ACTION REQUESTED: Motion to appoint Denise Leskinen to the position of Administrative Support Assistant at the pay rate of S 13.70 per hour, which is Step I of Level 4 of the Administrative Support/Technical/Public Works Employee Pay Schedule, effective February 20, 2001. REQUEST FOR COUNCIL ACTION Department Approval: Name Ron Moorse Title City Administrator Item Description: Plannir DATE: February 23, 2001 ITEM NO: /' Administrator Reviewed: Agenda Section: G� City Administrator's Report ::ommission Appointments The City Council at its February 22 work session discussed the candidates who were interviewed for the vacancy on the Planning Commission. The Council was impressed by the large number of high quality candidates who air willing to volunteer their time sr.! talents to tie City through service on the Planning Commission. The Council may at this tic ie formally make the appointment to fill the existing vacancy on the Planning Commission. The Council also discussed the appointment of several carob isles to serve as alternate members of the Commission. The consensus of the Council is that three alte.mate members should be appointed. Council may at this time formally appoint three candidates as alternate members of the Planning Commission. COUNCIL ACTION REQUESTED: Motion to appoint to fill the unexpired term on the Planning Commission that expires on March 31, 2002. 2. Motion to appoint three candidates as alternate members of the Planning Commission. Zoo REQUEST FOR COUNCIL ACTION GIT cx C)NUNO DATE: February 22, 2001 ITEM NO: / Department Approval: Administrator Reviewed: Agenda Section: Name Ron Moore /,�/ City Administrators Title City Administrator /f/ Report Item Description: Scheduling of a Work Session There are a number of issues for Council discussion at a work session. rhese include the following: • Update regarding Highway 12 aesthetic design issues • Update regarding the City's telecommunications antenna ordinance • Update regarding the annual property revaluation process conducted for the City by the County Assessor • Review of goals for the year and action plans for accomplishing them Scheduling options for the work session are: — Thursday, March 8 — Thursday, March 15 COUNCIL ACTION REQUESTED: Motion to select a date and time for a Council work session. REQUEST FOR COUNCIL ACTION ,�rtZ�NG r,,,,,,�• �O DATE: February 222, 2001 FE8 Abu UNp ITEM NO: 17 C" Department Approval: Administrator Reviewed: Agenda Section: Name Lin Vee Ili {'1�/� Licenses Title City Clerk _ 1L Item Description: List of Licenses for HOME OCCUPATION Paulette Pickard Stuurrnans (Massage Therapy) 550 Orono Orchard Road RESIDENTIAL KENNEL LICENSE 1. Robin A. Kilbane 495 Oxford Road 2. Jayne Paasch 2150 Kentwood Way 3. John T. Redmond 2695 Casco Point Road 4. Chris and Erin Tully 1355 North Arm Drive COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses. APPLICATION FOR ANNUAL HOME OCCUPATION LICENSE CITY OF ORONO 2750 KELLEY PARKWAY, P.O. BOX 66 CRYSTAL BAY, MN 55323 PHONE: street BUSINESS NAME: Mo TYPE OF BUSINESS TO BE OPERATED: 'm.n /hr �A Number of Employees Within Operation' If (provide names of empl ees on back of application) Check One: Initial Review Fee $50.00� Annual Review Fee S:t0.00 _ �, I OVZ License may be revoked if any violation occurs. City staff shall have five (5) business days in which to investigate and make a recommendation pursuant to Orono Municipal Code Section 5.02 & 5.03. If a site inspection is required by City staff, the review time will be extended to ten (10) business days. The license application with staff recommendation will be scheduled before the Council at the next regularly scheduled meeting held on the second and fourth Monday of each month. ORONO MUNICIPAL CODE REGULATIONS ON HOME OCCUPATIONS PURSUANT TO SECTION 10.20, SUBDIVISION 4 (C) Prohit A Home Occupation Practices i. It is unlawful for any business operating as a home occupation to engage in operation without proper licenses. 2. All persons engaged in the business must reside in the dwelling. 3. No commercial signs permitted other than signs permitted in the residential Zone. 4. No excessive stock in trade may be stored on the premises. 5. Over the counter retail sales is not allowed. 6. Entrance to the home occupation must be gained from within the strocture. The undersigned hereby agrees to the conditions quoted above from the Orono Municipal Cade and any additional conditions the City may require. SignatureofApplirsnt•�� O TJa mrtGn� � Date: ��-/G -06aoo FOR C USE ONLY: After review of application, staf: recommends the following: z. Approval of application Denial of application Signature of Zoning Official: Date: Signature of BuildingOfficial Date: / - 23 - o I Application Date: Date License Approved: Date License Expired: LISTING OF EMPLOYEES: ADDRESS: CITY & ZIP: DATEOFBIRTH: ADDRESS: CITY & ZIP: DATE OF BIRTH: ADDRESS: CITY & ZIP: DATE OF TH: ADDRESS: CITY & ZIP: NAME: CITY&ZIP: DATE OF BIRTH: DATE OF BIRTH: NAME: ADDRESS: CITY&ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY&ZB': DATE OF BIRTH: DATE OF BIRTH: IVe, i - n -DI KENNEL LICENSE APPLICATION Effective January 1, 200_ to December 31, 200_ Owner: Property Address:��I OY� £mch Dtailing Address (if diffcrenq: �Y In Phone: X RESIDENTIAL Kennel License Fee: $25.00 ,,--(payment must accompany application) Maximum No. of dogs to be kept at one ti (over 6 months of age) Principal Breed: �--a� Purpose for more than 2dogs: -Ndd- Dogs normally kept: A inside kennel structure COMMERCIAL Kennel License Fee: $150.00 (payment must accompany application) Name of Business: Business Activities: (example: boarding, breeding, veterinary we, remil, etc.) Normal Business Hours: After Hours Contact: (name) De; runs/exercise areas are: _inside _outside _both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any Ci:; Ordinance or rrhsr law or regulation; the undersigned hereby erants the City permission to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as part of any kennel license approval. Date For City Use Only Kennel inspected by Recommends: Approval_ Denial_ Property KENNEL LICENSE APPLICATION Effective January 1, 200_ to December 31, 200_ 00 Y V r (include city and zip) Mailing Address (if different): Phone: (home) ?Sd- M - 231ob (work)_ RESIDENTIAL Kennel License Fee: $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one t (over 6 months of age) Principal Breed: Vo RkSf[l E —Y Purpose for more than 2 dogs: to Dogs normally kept:inside _kennel structure COD4Bi IERCIAL Kennel License Fee: $150.00 (payment must accompany application) Name of Business: Business Activities: (example: boarding, breeding, veterinary care, recoil, etc.) Normal Business Hours: After Hours Contact: (phone) Dog runs/exercise areas are: _inside _outside _both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other taw or regulation; the undersigned hereby grants the City permission to inspect the premises prior to license. approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as pan of any kennel license approval. a-3-dl Appli ant Date For City We Only Kennel inspected by _ Date. Recommends: Approval_ Denial_ KENNEL LICENSE APPLICATIONS Dogs and dog kennels are regulated by Chapter 5.36 of the Municipal Code of Ordinances. No more than two dogs over three months of age can be kept on any property unless a kennel license is obtained. ` All dogs kept in residential kennels must also be individually licensed by the City. Kennel licenses will not be granted unless the property is fenced or contains a proper kennel structure to prevent the dogs from running at large. Kennel structures (dog houses and/or fenced runs) must be located at least 10 feet from any abutting property line and must otherwise comply with ail accessory structure zoning requirements. Kennel structures located within 30 feet of any neighboring property must be licensed even if used for only 1 or 2 dogs. Kennel licenses expire on December 31st of each year. Annual renewal applications are due on or before December 1st of each year. Kennel licenses may be denied or revoked for cause including unsanitary facilities, keeping more dogs than the license authorizes, keepice unlicenced dogs, allowing dogs to run at large or other nuisance complaints. DEFLNITIONS KENNEL, COMMERCIAL. A place or premises where three or more dogs over six months of age are kept or housed at any one time for commercial purposes including sale, boarding, breeding, grooming, training, or medical care. KENNEL, RESIDENTIAL. An accessory residential use or place where three or more dogs over six months of age are kept or housed for the sole non-commercial use, benefit or enjoyment of the property owner or occupant. x:NPPnWPWIN6MWPOMSIFOMISSKE ELION KENNEL LICENSE APPLICATION Effective January 1, 200_ to December 31, 200_ .I:','< (t `/ [•��� �. /� n cures; U:40F0 Owner: (�c Inc 'tQY+ Property Address:,2LTS Casco �Q D✓Cn^U , lyllti S$3 1 f (include city and zip) Mailing Address (if different):f Phone: (home) _ _ — (work) /--�A� \� RESIDENTIAL Kennel License Fee: $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time:_ (over 6 months of age) II (I I I Principal Breed: Purpose for more than 2 dogs: vim. Dogs normally kept: —inside 2 kennel COIN IERCIAL Kennel License Fee: $150.00 (payment must accompany application) Name of Business: _ Business Activities: (example: boarding, breeding, veterinary care, retail, etc.) Normal Business Hours: After Hours Contact: (name) Dog runs/exercise areas are: _inside _outside [i6otn The undersigned hereby makes application to Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersigned hereby grants the City permission to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as pan ofyeJ^kennel license approval. 1 Applicant Date .'or City Use Only Kennel inspected by Dare Recommends: Approval__ Denial_ 4NNEL LICENSE APPLICATION Effeca.. January 1, 200 into December -'1, 200 Owner: Property Address: 1 -�j�G I�1 n-VM,1 41 V--' (include city and zip) Mailing Address (if different): -- Phone: (home) 14i,4— LJ-7.g2 (work) RESIDENTIAL Kennel License Fee: $25.00 (payment must accompany application) \) MaxitnumNo. of dogs to be kept atone time: (over 6 monde or age) Principal Breed:-tf- Purpose for more than 2 dogs: [ f'flir.i Maw CY—CA+t dnr , 1 Dogs normally kept: inside _kennel structure COMMERCIAL Kennel License Fee: $150.00 (payment must accompany application) Name of Business: Business Activities, (example: boarding, breeding, veterinary care, retail, em.) Normal Business Hours: After Hours Contact: J� Dog runs/exercise areas are: _ inside _outside _both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersigned hereby grants the City permission to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any sNcial conditions imposed by the City Counril as pan of any kennel license approval. �p�L e Date (T phcan[ For City Use Only Kennel inspected by _ Recommends: Approval_ Denial_ 0, a.eGT1t� Pfe 26 ?d� CITY OF ORONO Frldav, February 23 2001 JT J„ENO Check Summary Register Page t of Name Chack Data Chock Amt ♦� 10100 Primary Cash Pail Chk# 070657 A. T.O.M. 22612001 525.00 Paid ChM 070658 AT B T - 2262001 $1579 Pak ChM 07D659 BUCKOWIAK 8 SON 2/262001 $296.93 Pak Chi# 070660 BONESTROO ROSENE 8 ASSOC 2261ZDOI $19.949.85 Pak ChM 070661 Void 2262001 S0.00 Pak ChM 070662 BUDGET PRINTING 2262001 $409.61 Pak ChM 070663 CHAMPION AUTO STORES 2262001 SM 57 Paid ChM 070664 CITY OF ORONO PETTY CASH 22612001 $249.60 Paid ChM 070665 Void 2262D01 Saw Paid ChM 070666 CITY OF WHITE BEAR LAKE 2126r"l $37500 Pak ChM 070667 CONSTRUCTION BULLETIN 2262001 $107.58 Paid ChM 070668 DCA - WIRE ONLY 2282001 $2,970.89 Pak ChM 070669 DE BAERE, DON 2262001 555.00 Pak ChM 070670 DELL 212612001 $15874 Pak ChM 070671 DEPT OF ADM - INTERTECH GROUP 228I2001 $37,00 Pak ChM 070572 DNA WATERS 2262D01 $50.00 Pak ChM 070573 DRIVERS LICENSE GUIDE CO. 228/2D01 $29.95 Pak ChM 070674 E.S.G. COMPANY INC. 27282001 $68500 Pak ChM 070575 EARL F. ANDERSON 6 ASSOC. 226r1D01 $2,301.61 Pak ChM 07DS76 EHLERS AND ASSOCIATES INC. 226/2001 $1.260.00 Pak ChM 070677 ENGINEERING CONTACTS 2262001 $632.61 Paid ChM 070078 FEDEX M62001 $70,76 Pak ChM 070679 FORTIS BENEFITS 22512001 S890.61 Pal: ChM 070680 G 8 K SERVICES 2262001 $22175 Paid ChM 070681 GALL'S INC. 2262001 $153.28 Paid ChM 070682 GENUINE PARTS CO. 2262001 $390.28 Pak ChM 070683 Void 2262001 $0.00 Paid ChM 070654 GEO ANALYRCS 2262001 4,9S152 Pak ChM 070685 GOPHER STATE ONE -CALL 2 M001 :d.00 Pak ChM 070686 HAWKINS CHEMICAL W62MI $1.659,20 Pak ChM 070687 HENNEPIN COOP SEED EXCHANGE 2262001 $42.39 Paid ChM 070668 HENNEPIN COUNTY INFOR TECH OPT 2262001 $44.25 Pak ChM 070659 HENNEPIN COUNTY TREASURER-GEN Z282001 $358.00 Paid ChM 070690 HINSHAW B CULBERTSON 2262001 $15,24954 Pak ChM 070691 Void 2282001 $000 Pak ChM 070692 HUEBSCH RENTAL SERVICE 2rW2001 536.41 Pak Chi# 070693 HUMANE SOCIETY OF WRIGHT CO 211W001 $at 50 Pak ChM 07NN IMC SALT 2282001 $2, 347,45 Pak ChM 070395 INTL ASSOC OF PLUM,MECH OFFIC 2262001 $150.00 Pak ChM 0706% INTL CONF OF BLDG OFFICIALS 2282001 $85.00 Pak ChM 070697 KENNETH N. POTTS. PA 2282001 $2.391 66 Pak ChM 07MBS LAKE COUNTRY CHAPTER 2262001 $25.00 Pak C•M 070699 LEAGUE OF MN CITIES 2282001 $3W 00 Pak Chk#070700 MALLOY MONTAGUE KARNOWSKI B CO 22612WI $3,83000 Paid ChM 070101 MAMAGMC LABOR RELATIONS SERV 2282001 S2.748.00 Pak ChM 070702 MEOICA 2262001 S15.31378 Pak ChM 070703 Void 22&2001 511.00 Pak Chi# 070704 MET COUNCIL ENVIRONMENTAL SEA 22S2001 S1,13850 Pail ChM 070705 MET COUNCIL ENVIRONMENTAL SVCS 22&2001 $19702 07 Paid ChM 0707M MILE 2262001 $22500 CITY OF ORONO Friday, February 23. 2001 Check Summary Register Page 2o12 Name Check Date Check Amt Pail Cl" 070707 MINNEAPOLIS OXYGEN COMPANY 2/262001 S45.47 Paid ChM 070708 MINNESOTA SUN PUBLICATIONS Z262301 $27720 Pahl ChM 070709 MN CHAPTER OF IAPMO V2W(X)l $30.00 Paid ChM 070710 MN DEPT OF REVENUE Z262001 S457.00 Paid ChM 070711 MOROWCZYNSKI. JIM 22672001 S8.22 Paid Chid 070712 NAVARRE HARDWARE 22612001 $342 41 Paid ChM 076 13 Void 2262001 $0.00 Paid ChM 070714 Void 2262001 $000 PSM ChM 0707., t. ... 226/2001 $162.08 Paid ChkN 07: 716 OFFICE DEPOT 2262D01 51359.26 Paid ChM 070717 OFFICE ENVIRONMENT BROKERS 2262001 $236.38 Paid ChM 070718 PIONEER 2262001 $323,08 Paid Chid 070719 PRAIRIE. OFFSET 2262001 $901,20 Paid ChM 070720 PRECISION BUSINESS SYSTEMS 2262001 S98.00 Paid ChM 070721 PRUDENTLAL LIFE INSURANCE Z282001 $571.20 Paid ChM 070722 PUBLIC SAFETY PRINTING SERVICE 2262001 $50.00 Paid ChM 070723 OWEST 226QW1 $927.15 Paid ChM 070724 SA -AG INC. V26I2M1 $3,69848 Paid ChM 070725 SENIOR COMMUNITY SERVICES 2262D01 $3.793 50 Paid ChM 070726 SENSIBLE LAND USE COALITION 2262DOI $80.00 Paid ChM 070727 SEW LIKE NEW 2262D01 s364.98 Paid ChM 07072E SNYDER DRUG STORES 272S2001 $22.83 Paid ChM 070729 ST. JOSEPH'S EQUIPMENT INC. 2262MI $307 52 Paid ChM 070730 STASAFE LOCKSMITH 226/2001 S69.59 Paid ChM 070731 STANTON GROUP 27262001 $51.00 Paid ChM 070732 STAR TRIBUNE - SERVICE Z282001 S111.80 Paid ChM 070733 STREICHERS 2262001 $36450 Paid ChM 070734 SURMALINK 2262001 $71,22 1 aid ChM 070735 TALLEN AND BAERTSCHI 2262M1 $22200 'aid ChM 070736 TEMPORARIES -TO -GO Z262001 $2.87900 Paid ChM 070737 TOLL GAS 8 MELDING SUPPLY 22820D1 $8.05 Paid CRKe 070730 TRACY TRIPP FUELS 2/262001 $3.520.02 Paid CMe1070739 TRANS -ALARM INC. 2262MI $998.35 FaM ChM 070740 TREADWAY GRAPHICS 2262001 $98.02 Palo ChM 070741 TWIN CITY WATER CLINIC INC. 2282001 $55 W Palo ChM 070742 UNIV OF MINNESOTA 2262001 $90.00 Paid ChM 070743 W.W. GRAINGER INC. M2001 53623E Paid ChM 070741 'NAr'-NING LITES OF CN 2282001 $10895 Palo ChM 070745 WAYZATA BAY CAR WASH 2262001 $21300 Paid ChM 070746 VIESTSIDE WHOLESALE TIRE 2262001 $30.so Paid ChM 070747 WILSON, DAVIDA 2282001 $75.00 Paid ChM 070748 WINTERNHEIMER, AUSSA 2282001 6225.00 Paid ChM 070749 WRIGHT HENNEPIN ELECTRIC 22612001 338.70 Tolal Cheek. $125.655.02 CITY OFORONO Wednesday, February21,2001 Check Summary Register Page 1 of Name Cheek Data Check Amt 10100 Primary Cash Paid ChM 070646 CITY COUNTY CREDIT UNION 221101 $7,634.00 Paid ChM 070647 FIRST NATIONAL BANK OF LAKES 2/21101 $17.570.87 Paid ChM 070548 ICMA RETIREMENT TRUST - 457 221101 $300.00 Paid ChM 070649 LAW ENFORCMENT LABOR SERVICE 221101 5462.00 Paid ChM 070650 MN DEPT OF REVENUE 2)21MI $3.514.62 Paid ChM 070651 ORCWIRD TRUST CO. TRUSTEEICUST 221KII $1,074.68 Paid ChM 070862 PL-JCOIOBRA 221101 $8.77 Paid ChM 070553 PEBSCONS COIF OF MAYORS 221101 $2.317.00 Paid ChM 07'1654 PUBLIC EMPLOYEES RETIREMENT 2/21101 $10,138.50 Paid ChM 070865 UNITED WAY 221101 $24,00 Paid ChM 070558 WISCONSIN SCTF 2121MI 5184.62 Total Checks $44.O29.O6 CITY OF ORONr Friday. February 23, 2001 Check Summary Re ;i: ter Page 1 Of t Name Chock Dab Check Amt 10100 Primary Cash SHOWN Paid Chke M1925 COUNTRY CAKE CUPBOARD 102001 $21 00 Paid Chlco 061926 ENCHANTED GARDEN FLORAL 11812001 $31.95 Paid Chka 061927 UNITED STATES POSTAL SERVICE 1y180001 $38860 Paid Chico 061928 JUBILEE FOODS 113irMi S19.88 Paid Chico 061929 BAYSIDE FLORAL Wir"1 S35.68 Paid Chkt 081931 DOA -WORE ONLY 1.44R001 61,98a.83 Tobi Checks $2,541,94 INFORMATION ITEMS COUNCIL MEETING (yM.,nu enccTlNG FEB 2 6 2WO OFr yr UMUNU 02/23/2001 11:10 FAX 15078354567 ODIACOY Mediacorn u04 end Srmels.E. Wasen, MN 5609J Wad 2. 5 FE0 �09i Elected Officials, taool/o01 Phone: 15071 835-2356 rax: (507) 8334567 It is sun outage time again. This Interference occurs tvnce a year, once in the Spring and again in the Fall. A "sun outage" occurs when the sun is positioned in alignment with the satellite and our receive antenna. The solar flares from the sun are stronger than the transmitted signal and cause interference in receiving the signal. The interference can vary from minor sparks in the picture to complete channel outage. This interference will occur between February 27th and March 8th this year, from 11:30 a.m. to 3:45 p.m. This is an approximate time and will not affect all satellite channels at the same time. Sun outages will affect digital signals differently than analog signals. Digital signals will start to get extra noise in the audio, then go completely off (normally less than five minutes). When it comes back on, the channel will appear suddenly and with clear reception. With analog channels, the picture will get noisy and then gradually fade completely away. When it comes back on, it will fade back s wly until all the noise and sparkles are completely gone. Again this type of outak ; normally only lasts a few minutes. For more information, you may log on to the website, htw://www.spacccom.com There is a sun outage calculator at this web site that allows anyone to calculate outage times for your local area and system. If you have any further questions or concerns regarding the above, please call our Customer Service Department at 1-800-332-0245. Sincerely, Theresa Sunde Customer Relations Coordinator North Central Region Mediacom �.lt , a ' Z January- 2001 Rapon Data221/2001 ADDRESS DATE PERMIT CONTRACTOR OWNE'INAME. VALUATION Building Permib , 930 Cox Farm Rd 122001 P03437 JACK & FREDA KLINGERT 514,400.00 •.1 4755 Beyside Rd 1/102001 P03414 RUDY WICKLANDEK HOM RUDY WILDLANDER $3,000.00 N 2135 ShevlinDr I/182001 Po3459 TNT HOME IMPROVEMENT & JENNIFER MARTINUIZI 525,000.00 m 2160 Shevlin Dr 1/192001 P03321 F G LARSON & I M LARSON $75,000.00 i s� i 240 Northgele Rd 1/=001 P03443 BOYER BUILDING CORPOR ALAN S MCDOWELL 575,000.00 ZO $ 2995 Deer Run Tr 1292001 P03475 RIGHT ANGLE BUILDING C R T & J E CALLAN $99,685.00 1020 Brown Rd N 1/312001 P03472 NORTHERN SUNROOMS M J ROSE & D A KIRBY $38,000.00 7 $320,085.00 1140 Lomn Linde Ave 1/192001 Po3463 VINTAGE BUILDERS INC. G & G HOLDING CO LTD PTNRSHP 1 3645 Toga R� d 1/42001 P03445 ALL TYPE CONSTRUCTION ANTONY M REED ET AL 54,835.00 1080 Brown Rd N 1252001 P03496 PTL CONTR INC HAROLD F BOWER ETAL $13,155.00 2 $17,990.00 New, snuctura�J�� 1270 Slwutt I'1 1/2/.`lell I4111.12 Al. IIIIISI'II A %I INS K II & I P. I.I411'KSON $265,31n 01 2507 KELLY AVE 1/122801 P03409 TIMBER RIDUE 11OME BRADLEY HOYT $721,000.00 1355 Tookawa Rd 122/20111 14)3327 PARAGON DESIGN & 0I81• FASCHiNE $650,01R1.00 1360 Vine PI 1252001 P03360 RVC IIUML'S 'TIMOTHY & AMY LANDON $240.000.00 1140 Lome Linde Ave 1262001 P03464 VINTAGE BUILDERS INC. G & G HOLDING CO LTD PTNRSHP 5247,500.00 5 52,123,800.00 PAGE: I Report �'r January-2001 —ORO e I U N r' ISSUEDPORT ate2212001 AOIIPESS DATE PERMIT CONTRACTOR OWNERNAMF. VALUATION General Permits 930 Cox Farm Rd I/N2o01 P03438 JACK & FREDA KLINGERT $6,000.00 3465 Eastlake St 1/32001 P03441 SUPERIOR CONTRACTORS, DIANE M PEREZ 52,500.00 1150 LYMAN AVE 1132001 P03444 PLYMOUT-H PLUMBING & D C & E D MOGEN $9,390.00 1940 Country Club Rd 1/52001 P03367 DAVE"i APPLIANCE HEAT] M J W SMITH & M F SMITH $1,829.00 13% Baldur Perk Rd 1/52001 P03447 CITY VIEW PLUMBING R J & M A WETT TRUSTEES $1,000.00 925 Willow Or S 1/52001 P03449 FIRESIDE CORNER PHYLLIS FADDEN $1.100.00 2275 Longview Cir 1/52001 P03451 FIRE WORKS FIREPLACE 1 S W BUCHHOLZ & D A BUCHHOLZ $2,000.00 2130 Shadywood Rd 1/8/2001 P03456 KLEVI. HEATING & AIR DONALD F HAGEN TRUSTEE $15,900.00 1005 Heritage La 1/162001 P03466 RESIDENTIAL HEATING & S L & L I LARSON $6,023.00 490 Sussex La 1/16/2001 P03467 HEATING & COOLING TWO N W & D C WILDMAN $12,000.00 3025 Sixth Ave N 1/1g2001 P03469 B A & F A MCKEE $1,100.00 577 Park Le 11Ig2001 P03470 PMR MECHANICAL INC DENISE L DUENOW $15,000.00 2114 Sugarwood Dr 1/192001 P03471 ABEL B & C INC. ROGER & ELIZABETH OLSEN SI,800.00 1368 Nonh Arm Or Irmool P03474 FIRESIDE CORNER L A & L L JAKUBIEC $1.100.00 795 Old Crystal Bay Rd 1232001 P03480 N&'I MECHANICAL CONTR SCHOOL DIST NO 278 $4,000.00 1150 LYMAN AVE 1252001 P03499 ALLIED MECHANICAL SYS D C & E D MOGEN $2,200.00 2125 Carriage La I2S2001 P03499 FIRESIDE CORNER Bohlend Development Inc $2,200.00 240 Nonhgate Rd 1252001 P03490 VOGT HEATING & AIR CO ALAN S MCDOWELL $5,100.00 4000 Nonh Shorc Or 1252001 P03491 AUTOMATIC GARAGE & FI R J & M TNICOSKI $2,500.00 3532 Ivy PI I/Mool P03493 METRO AIR INC GARY & SUSAN CABLE $17,000.00 1875 Shadywood Rd 1292001 P03495 MARK & GINA KOSEK $300.00 2130 Shadywood Rd 1202001 P03496 FIRESIDECORNER DONALD F HAGEN TRUSTEE $1,100.00 1225 Loma Lind. Ave 1/31/2001 P03500 JEFFREY DUDELL $600.00 23 $111,632.00 1960 Fox Ridge Rd 1/0001 P03454 RITTER EXCAVATING LUCIA T MORISON 1 raa� 1/182001 P03469 DAVID OSMONSON 3440 Shore- PAGE: LyY11YY7�Y]�i1L�r D1: �IYIfyF.Y.9tl�117t�dZ�7tiY Rayon D=2/21/2001 ADDRESS DATE PERMIT CONTItACTOR 2601 Refine I/10.2001 P03431 BOLLIG & SONS, INC OWNERNAME K M & P M BURTON VALUATION PAGE: RICITY t IERMITSTj.7u Vt/ RLr� m January-200I eport Date221/2001 ADDRESS DATI: PERMIT CONTRACTOR OWNERNAME VALUATION Plumbing Petmtih nnuru:aa.as.�+_�a 930 Cox Farm Rd 1/22001 P03439 JACK & FREDA KLINGERT $2.000.00 583 Park La 10/2001 P03543 NORBLOM PLUMBING CO GINA R NELSON $900.00 1396 Beldur Park Rd 1/52001 P03448 CITY VIEW PLUMBING R J & M A WETT TRUSTEES $7.000.00 577 Park La 1/52001 P03450 CITY VIEW PLUMBING DENISE L DUENOW S6,200.00 583 Purk La 1/0001 P03455 PODNAY'S PLUMBING GINA R NELSON $10,000.00 25 Myrtlewood Rd V92001 P03457 KCJ ENTERPRISES INC SCOTT & SARAH LUSE $500.00 75 Femdale Green 1/92001 P03459 KCJ ENTERPRISES INC KENNETH R & LINDA L HOPKINS S500.00 3532 Ivy PI In 12001 P03460 GENERAL PLUMBING & HE GARY & SUSAN CABLE S15,800.00 1003 Co- Form Rd I/122001 P03461 PARK PLUMBING S SWENSON & C A BAIER $500.00 2497 Kelly Ave 1/162001 P03462 CHERRY PLUMBING & HE A H EVANS & D EVANS $500.00 2130 Shdywood Rd 1/162001 P03465 LAKESIDE PLUMBING & H DONALD F HAGEN TRUSTEE $21.296.00 2500 Shudywood Rd 1/192001 P03473 FRESHWATER FOUNDATION S7.800.00 1465 Fox Sr 1232001 P03476 MCGUIRE & SONS K A BIRKELAND/C A BIRKELAND $629.00 3264 North Shore Dr 1232001 P03477 NORBLOM PLUMBING CO RUSSELL A NORUM S400.00 3464 Eastlake St 1232001 P03479 THOMPSON PLUMBING M & N HUNSLEY $6,200.00 1380 Rat Point Rd I/s732001 P03491 CULLIGAN WATER CONDI GREGG & STEM IANIE LARSEN S200.00 2135 She, lin Dr 1232001 P03482 MINNESOTA PLUMBING & ERIC & JENNIFER MAR—NUZZ1 $500.00 4345 North Shore Dr 1262001 P03492 STEINKRAUS PLUMBING I HAROLD & MARILYN CHRISTENS S13,500.00 1245 Lakeview Ave I/262001 P03494 WELD & SONS PLUMBING KEITH NORD & VIRGINIA GRIFFIT S2,400.00 19 $96,825.00 PAGE: A RESOLUTION APPROVING SUBMITTAL OF AN APPLICATION FOR USE OF 2001 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONSOLIDATED POOL FUNDING AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS WHEREAS, the City of Orono, through execution of a Joint Cooperation Agreement with Hennepin lounty, is cooperating in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Orono has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it, consistem with local housing and Urban Hennepin County housing and community development needs att. priorities. BE IT RESOLVED, the City Council of the City of Orono approves the submittal of the following application for funding from the Consolidated Pool of the Urban Hennepin County Community Development Block Grant Program and authorizes submittal of the proposal for review and inclusion in the 2001 Urban Hennepin County Community Development Block Grant Program. Activity Funding Request Sixty-two unit Senior Rental Housing Project with 200% of units affordable to households with income $125,000 at 50% or less of the area medium income BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs the Mayor and its City Administrator tc execute the Subrecipient Agreement and any required Third Party Agreement on behalf of the City to implement the 2001 CDBG Program. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on this 26th day of February, 2001. ATTEST: Barbara A. Peterson, Mayor Linda S. Vee, City Clerk Page 1 of 1 16_ A RESOLUTION APPROVING SUBMITTAL OF AN APPLICATION FOR USE OF 2001 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONSOLIDATED POOL FUNDING. AND AUTHORIZING SIGNATURE OF SUBRECI"PIENT AGREEMENT WITH HENNEPIN COUNTY ANr1 ANY THIRD PARTY AGREEMENTS WHEREAS, the City of Orono, thi Hugh execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Orono has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it, consistent with local housing and Urban Hennepin County housing and community development needs and priorities. BE IT RESOLVED, the City Council of the City of Orono approves the submittal of the following application for funding from the Consolidated Pool of the Urban Hennepin County Community Development Block Grant Program and authorizes submittal of the proposal for review and inclusion in the 2001 Urban Hennepin County Community Development Block Grant Program. Activity Funding Request Sixty-two unit Senior Rental Housing Project with 2001a of units affordable to households with income $125,000 at 50% or less of the area median income BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs the Mayor and its City Administrator to execute the Subrecipient Agreement and any required Third Party Agreement on behalf of the City to implement the 2001 CDBG Program. Adopted by the City Council of the City of Orono. Miunesotu at a regular meeting held on this 26th day of February, 2001. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson. Mayor Page I of I LAKE MINNETONKA CONSERVATION DISTRICT 18338 Minnetonka Blvd. ^" Deephaven, MN 55391 FE9 2 6 (952) 745-0189 „r�NO EXECUTIVE DIRECTOR NEWSLETTER Gregory S. Nybeck February 14,2001 Increased Water Patrol Presence for =1 ^--"-- "---- - "` ., "c L'1CC fc-,vard:' _ - to increase Hennepin County Sheriffs Office Water Patrol presence on Lake Minnetonka, for the 2001 boating season, by two full-time Deputies for five months A two -ye commitment, at $100,000 per year, has been seeked for The proposal, with costs to be shared by Hennepin Count/ (50%). LMCD Member Cities (30%), and the LMCD 'Save the Lake' Fund (20%). To date, both Hennepin County and the LMCD 'Save the L �s' Fund have appropriated the needed funds for the ._ proposal for2001. Additionally, nine LMCD Member Cities r..e agreed to voluntary payments of approximately $17,000 for the proposal in 2001. LMCD staff, working with 0.101) Board leadership, either has made contact with the remaining five LMCD Member Cities or has plans to in t"e near futura. Any shortfalls in the 30%commitment from the LMCD Member Cities will be addressed by the L"^,D Board sometime in the near future. Further details of this proposal will be provided when they are avai'able. • Exotics Management: Similar to one year ago. the LMCC assembled a EWht Harvesting Program Working Group to evaluate the Program to see if improvements can be me.e f;r 2001 This Working Group met on 11118100 and 1113101, and discussed a number of aspects of the Progra- Some r.`. the aspects discussed a• these meetings include: 1) establishing a rotating harvesting schedule, 2) es _aishinp a harvester replacement schedule, 3) improved radio's and coiemunicatmns, 4) possible modifica:: 's to the harvesting equipment. 5) improved hauling of harvested vegetation, 6) addressing work vehicle needs, i 1,-cmved maintenance of the harvesting equipment. and 8) addressing budget constraints. Recommendations from.'- s World. g Group will be presented to the LMCD Board at its P28/01 Regular meeting Further details will be pros .-: when they are available. Staff is currently preparing plans for the 2001 Zebra MussE'i P:gram Similar to 2000, efforts will be continued on improving public education and awareness Additionally, I-e 'CD would like to take a more aggressive approach on the inspection and.br cleaning of watercraft that have cc -a from infested waters prior to launching into Lake Minnetonka. This was a problem area n. 2000, with no wa•rrah washed by the LMCD's high-pressure sprayer. The LMCD is currently considering hosting a public forum t: _ t input from the public on how to better approach the zebra mussel issue Further details will be provided when Cey are available • 2000 Boat Density & User Attitude Survey's Schoell are.: Cadson, Inc. conducted these surveys in corrr':ance with the Management Plan for Lake Minnetonka The Boa:=;-sity Survey is conducted every two years, with the User Attitude Survey conducted every four years This protest is a joint effort of the LMCD and the MY DNR. A presentation of these surveys is scheduled for the 3/14101 F _•-jlar LVCD Board meeting A copy of this survey will be forwarded sometime in t`e cear future. • 2001 Board Officers fk Board Appointments: Board Office-, to. 2001 were discussed at the 1110d01 Regular LMCD Board meeting Board Off:crs for 2001 include Be-, --osier. Chairman, Craig Nelson. Vice Chairman, Tom Skramslad- Treasurer, and Lih McMillan- Secretary. LMCD r-ember cities Deephaven, Minnetonka. Minnetonka Beach, Minnetrista, Orono, Shorewood. Tonka Bay, and Wayzata. Jiscussion of these appointments is planned for the 2128101 Regular L61CD Board meeting. EXECUTIVE DIRECTOR NEWSLETTER, 2114100, PAGE 2 Ongoing Licenses/Permits: LrdCD staff has recently inspected all licensed de-icing installations on Lake Minnetonka. Results of these inspections, with related correspondence, have been forwarded to the licensee and the affected municipality. Staff is currently processing all new and renewal 01Ho-4 change appiic,,!,n� inr s,onsed multiple dock facilities on the Lake. Additionally, staff has sent out new and renewal applications for charter boats on the Lake, and is currently processing renewal intoxicating liquor, wine, and non -intoxicating mall liquor appticafiors for these boats. For the 2001 season, the demand for intoxicating liquor licenses will exceed the numbei the LMCD is allowed to issue by State law, similar to 2000. LMCD Code requires that all liquor licensees on Lake Minnetonka, whether new or renewal, attend mandatory training annually. Staff from the LMCD and the Hennepin County SherRrs Office Water Patrol will facilitate these tr3ang sessions, which will be held sometime in late March and early April. The focus of these training sessions will be on charter boat rules and regulations, related liquor regulations, and general discussion regarding feedback we have received from the public. Web Page: The LMCD's WebPage is currently under construction and should be updated by the end of March. The address is: hllp:llwww.lmcd.org.