Loading...
HomeMy WebLinkAbout08-28-2006 Council MinutesMINUTEJOF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 • 7:00 o'clock p.m. • C� J ROLL The Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson, Council Members Jim White, Jim Murphy, Bob Sansevere, and Lili McMillan. Representing Staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planners Melanie Curtis and Evelyn Turner, City Attorney Matt Brokl, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor Peterson called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Items 5, 8, 14, 15, 16, 17, 18, 19, and 20 were added to the Consent Agenda. White moved, Peterson seconded, to approve the VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. Agenda as amended. REGULAR COUNCIL MEETING OF AUGUST 14, 2006 White moved, Peterson seconded, to approve the meeting as submitted. VOTE: Ayes 5, Nays 0. PRESENTATION 3. INTRODUCTION OF NEW FIREFIG Long Lake Fire Chief Steve Becker introduced the Navarre Fire Station. Mayor Peterson, on behalf of the City of Orono, have spent in training to become a firefighter. of the August 14, 2006 City Council newly appointed volunteer firefighters for the the firefighters for the dedication and effort they PAGE 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o'clock p.m. 4. ORONO DISCOVERY CENTER FUNDING REQUEST — RESOLUTION NO. 5497 Erin Anderson, Orono Discovery Center, addressed the City Council regarding the community programs and services currently being offered at the Orono Discovery Center. The Orono Discovery Center is in its fourth year of operation and at this time is looking to invest in its infrastructure by completing technology upgrades for the building. A CDBG grant in the amount of $28,000 will cover the majority of the costs. Each of the cities served by the center is being requested to contribute $1,400 toward the project. Sansevere inquired whether any of the cities have declined to provide funding for this request. Anderson indicated the cities of Maple Plain and Minnetonka Beach have agreed to provide funding and that she will be appearing before the Independence and Long Lake City Councils in the near future. Anderson stated the grant and the additional funding would provide a substantial benefit to the Center's ability to continue to provide services. McMillan moved, Murphy seconded, to adopt RESOLUTION NO. 5497, a Resolution Authorizing Funding for the Orono Discovery Center Infrastructure Project. VOTE: Ayes 5, Nays 0. • 3A. ACKNOWLEDGEMENT • Mayor Peterson acknowledged Drew Smith, Orono student, in attendance at tonight's meeting. PARK COMMISSION COMMENTS — PAUL PESEK, REPRESENTATIVE No Park Commission representative was present. PLANNING COMMISSION COMMENTS — DAVE RAHN, REPRESENTATIVE Rahn stated he had nothing to report but would remain for questions. PUBLIC COMMENTS None PAGE 2 • • MINUTES 'OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o'clock p.m. ZONING ADMINISTRATOR'S REPORT *5. #05 -3147 STEVE AND JANNA SUNDBY, AND CONDITIONAL USE PERMIT — RESOLU NORTH SHORE DRIVE — VARIANCE ON NO. 5498 White moved, Sansevere seconded, to adopt RESOLUTION NO. 5498, a Resolution granting a conditional use permit for the property located at 3587 North Shore Drive. VOTE: Ayes 5, Nays 0. *6. #06 -3180 BRUCE SCHMITT ON CREEK CIRCLE — VARIANCE — RESC White moved, Peterson seconded, to adopt RESC lakeshore setback and average lakeshore setback Creek Circle. VOTE: Ayes 5, Nays 0. 7. #06 -3189 TERRY AND SUZANNE Terry and Suzanne Johnson, Applicants, were Curtis noted this application was tabled at the May 22 was tabled in order for the applicants to redesign then applicants have been working with their designer and The following is a summary of the Council's requests 1. 2 0 Meet the required 10 -foot side yard setbacks reflects 10 -foot setbacks on both sides. Work around the water supply well location location cannot be adjusted. The applicants l permitted water supply location as shown on Locating the home five feet ahead of the adjacent neighbors support the variance. property owners supporting the encroacl. Reduce 75 -250 foot zone hardcover by reduc how the driveway will function as proposed. 53.9 percent hardcover within the 75 -250 fo( to allow 47.1 percent hardcover where 25 pe by reducing the footprint of the home, reduc: driveway. OF WILLIAM ULRICH, 2280 FRENCH NO. 5499 NO. 5499, a Resolution granting for the property located at 2280 French 543 PARK LANE — VARIANCE " Council meeting. At that meeting the application plans to meet the Council's direction. The staff to reduce and revise their variance requests. both sides. Curtis noted the revised survey d/or provide proof that the water supply well ve proposed to work their design around the ie revised survey. ige lakeshore setback may be appropriate only if the applicants have provided letters from adjacent into the average lakeshore setback. ig the size of the lakeside patio and demonstrate �t the last meeting the applicants were requesting zone. Their request has been revised to a variance ent is normally allowed. This was accomplished the size of the proposed lake -side patio and PAGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o'clock p.m. ( #06 -3189 Terry and Suzanne Johnson, Continued) The applicants have removed their request for encroachment into the 10 -foot side setback and have proposed a plan for 1,505 square feet structural coverage, which includes the deck. Staff recommends approval of the lot width and lot area variances in order to construct a new home. Staff further recommends approval of the variance to encroach into the average lakeshore setback with a portion of the new home, a small deck, and small patio. Planning Staff feels the applicants have demonstrated a hardship exists with the nature of Park Lane and with the need for on -site parking and vehicle turning movement. The level of hardcover variances requested is reasonable given that it reflects a minimal home footprint and only the minimal amount hardcover needed to be functional. Murphy noted the applicants have met the concerns raised by the Council at the last meeting and that he appreciates the efforts the applicants have taken to reduce the variances requested. White concurred with the comments by Council Member Murphy. White noted the neighbors are in support of this project. McMillan moved, White seconded, Application #06 -3189, Terry and Suzanne Johnson, 543 Park • Lane, to direct Staff to draft a resolution granting variances to lot width, lot area, average lakeshore setback, and hardcover. VOTE: Ayes 5, Nays 0. *8. #06 -3201 DAVID CARLSON OF WILSON MANAGEMENT FOR CHARLIE THOMPSON, 875 WAYZATA BOULEVARD WEST — COMPREHENSIVE PLAN AMENDMENT White moved, Peterson seconded, to conditionally approve 2000 -2020 Comprehensive Plan Amendment #3 subject to Metropolitan Council review and approval, and to direct Staff to submit the amendment to Metropolitan Council. VOTE: Ayes 5, Nays 0. 9. #06 -3206 KEN AND LORIJEAN ANDERSON, 4225 FOREST LAKE DRIVE — VARIANCES LoriJean Anderson, Applicant, and Jeff Danbury, Contractor, were present. Turner stated the applicants are requesting variances to allow 26.6 percent hardcover in the 0 -75 foot zone where 39.9 percent currently exists and no hardcover is normally allowed; to allow 39 percent hardcover in the 75 -250 foot zone where 43 percent currently exists and. 25 percent is normally allowed; to allow structural lot coverage of 27.1 percent where 28 percent now exists and 15 percent is normally allowed; to • allow a structure 25 feet from Forest Lake when a 75 -foot setback is required. The purpose of these PAGE 4 r] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o'clock p.m. ( #06 -3206 Ken and LoriJean Anderson, variances is to allow a second story to be added to the' existing structure and the garage enlarged to three stalls. As an alternate, the applicants propose to just add the second story. This would result in 323 percent hardcover in the 0 -75 foot zone, 39 percent hardcover in the 75 -250 foot zone, and 28 percent lot coverage. I The applicants' preferred plan includes squaring off tl of the deck and some boulders, and construction of th seven feet of the deck being located under the roof of The Planning Commission recommended that the de under the overhang. The Planning Commission also setback, structural lot coverage, and side lot line sett the second story, subject to the deck/porch being red Planning Staff recommends approval of the hardcover variances to allow the second story but not the garage to 12 feet by 36 feet, with shrubbery planted adjacent • Turner noted if the deck were reduced to 12 feet, a b the remaining deck. If it were reduced to 15 feet, no were reduced to 24 feet, a beam and support posts w • Danbury inquired whether it is clear what the proposal. garage, removal of hardcover, including a portion second story. The deck would be 24 feet, with ie house. be reduced to 15 feet, including the seven feet commended approval of the hardcover, lakeshore k variances to allow expansion of the garage and , lakeshore setback, and structural lot coverage expansion, subject to the deck/porch being reduced to the deck to screen the lattice. and support posts would have to be placed under �tional beam or post would be required. If it have to be placed under the remaining deck. are attempting to accomplish here with their Anderson explained the deck is an existing deck and the house currently is in a U- shape. The purpose of the project is to construct a second floor and eliminate the flat roof. Anderson read a letter written by her husband request project is intended to create two additional bedrooms they have agreed to eliminate hardcover and reduce tl though they are less than three years old. The major deck, with the space under the deck utilized for storm feet. The neighbors are in approval of this project. Peterson inquired how long the deck has been in granted. Turner stated a permit could not be found for the house plans. Turner indicated Staff feels some pc originally constructed but that it appears the deck Turner noted the current property owners did not g the Council approve their application. The A one bath for their children. Anderson stated width of the driveway and retaining wall, even sons the applicants purchased the home was the They are agreeable to reducing the deck by eight and whether a building permit was ever . and they have been unable to locate the original i of the deck existed at the time the house was been expanded probably in the early 1980's. truct the deck. PAGE 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o'clock p.m. ( #06 -3206 Ken and LoriJean Anderson, Continued) Murphy requested clarification of the language stating that if the deck were reduced to 12 feet, a beam and support posts would have to be placed under the remaining deck; if it were reduced to 15 feet, no additional beam or post would be required; and if it were reduced to 24 feet, a beam and support posts would have to be placed under the remaining deck. Turner stated due to the way the deck has been constructed, if it were reduced to 12 feet or 24 feet, the deck would need a beam and posts to support it. Turner explained the boards of the deck are perpendicular to the house. Murphy inquired whether in addition to the roughly seven feet of overhang there is an additional overhang that does not show up on the print. Anderson indicated there is a four -foot overhang that is not depicted in addition to the seven feet. White commented it would be nice to eliminate the flat roof. n U Turner distributed a picture of the deck and house. Turner stated the deck is 24 feet from the wall of the house to the section of the deck where the applicants are proposing to eliminate a portion of the deck. • Danbury stated if the deck were reduced to 12 feet, there would be one small portion of the deck that would remain in the sun and that the applicants would like to retain a bigger portion of the deck that would be in the sun. Danbury stated they have removed the hot tub. Turner stated the 12 -foot deck that Staff is recommending is the minimum size deck, which does include the steps. Anderson indicated they currently utilize the area under the deck for storage. Anderson stated the deck does not affect the view of any neighbors and that there is a vacant lot on one side of their residence. If they are required to reduce the deck down to 12 feet, it would reduce the value of the home since the deck is central to the design of the house. Danbury stated the size of the lot dictates the need for the variances. Rahn commented it did not appear that there were any permits for the deck ever issued and that the deck seems rather large for this lot, especially given the close proximity to the 0 -75 foot zone. White stated in his view the applicants should be allowed to retain a portion of the deck that is located in the sun, noting that the applicants are agreeable to reducing a portion of the deck as well as remove some other hardcover. White stated he would not want the deck to encroach into the neighbors' view lines and that he would be in favor of a 24 -foot deck. McMillan inquired whether the vacant lot is a fire lane. • PAGE 6 • • 0 MINUTES, OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o'clock p.m. ( #06 -3206 Ken and LoriJean Anderson, Gaffron stated it is a double lot owned by the Peterson indicated she would like to see the garage Anderson stated the Planning Commission Murphy inquired what rationale the Planning Rahn noted he was not in attendance at the meeting association and provides access to a dock. off, which is not included in Plan B. the squaring of the garage. had for recommending a 15 -foot deck. the 15 -foot deck was recommended. Murphy noted this is a tough lot to work with and that he is in favor of adding the second story. Murphy inquired why the garage should not be squared off. White stated the squared garage would encroach into Danbury noted that area of the house is currently encroach into the side yard setback. McMillan stated she would also like to see the Murphy inquired what could happen with the vacant White stated the vacant lot is owned by the Murphy inquired whether the City has any docum ownership of the lot and whether the homeowners support of a variance to the side yard setback. Anderson noted the neighbors next door to their lot side yard setback. space and that the squared off garage would squared off. association and cannot be sold off or built upon. )n from the association that describes the iation has submitted any documentation in signed off on the plan. Turner indicated there is no correspondence from the'association. Anderson stated she could obtain that. Sansevere stated the Council should remain consistent and that the policy of the City should not be different for a lot line variance simply because it is ojvned by an association rather than an individual. Gaffron stated except for this lot providing dock access, from a building perspective it is viewed as a normal building lot. Gaffron noted this lot has been part of the association for decades, and noted that the house was originally constructed to meet a 10 -foot setback. PACE 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o'clock p.m. • ( #06 -3206 Ken and LoriJean Anderson, Continued) Sansevere inquired whether the homeowners association could sell the lot. Gaffron stated in his view it would be highly unlikely since all 14 property owners would need to agree to the sale, but that he would need to review the documents to verify whether the .lot could be sold. Sansevere commented he would like to remain consistent on the deck and side yard setback, but that he would like to see the applicants have a bigger portion of the deck be located in the sun. Turner stated it was Staff's view that a 12 -foot deck, which includes the stairs, was reasonable and useable. Murphy noted given the location of the house, the applicants are already over the hardcover limits even if they do reduce the size of the deck. Murphy noted the structure would still be located 25 feet from Forest Lake Drive. Danbury stated in order to retain the deck, Mr. Anderson had proposed to remove other hardcover. Anderson stated if they do not get approval for the size of deck they are proposing, they probably would . not proceed forward with the addition of the second story. Murphy inquired why there is a Plan A and a Plan B. Turner stated she recalls that the applicant had proposed both Plan A and B, with Plan A being to add the second story and to square off the garage in accordance with the direction of the Planning Commission. Additional hardcover reductions were also proposed. The applicants have indicated if the squaring off of the garage were an issue, they would still like to proceed forward with the second story, the hardcover removals, and leaving the deck as is. Turner stated the deck is high enough that it would be considered structural coverage. Murphy inquired whether any variances would be required if the applicants just added a second story. Turner stated there would be a variance for the 0 -75 foot setback because they would be increasing the structural coverage. Murphy noted the second story would be within the existing building envelope and the deck would not need to be touched. Murphy stated when people demonstrate good faith and attempt to work with the City, he would look favorably upon that. Murphy indicated he would support reducing the hardcover as shown, reducing the deck to 24 feet, adding the second story, but that he does not see a hardship for squaring .off the garage. Sansevere noted he also is not in favor of squaring off of the garage. Sansevere inquired how Staff arrived at the recommendation for a 12 -foot deck. • PAGE 8 ORONO CITY 0 Monday, A • 7:00 0' ( #06 -3206 Ken and LoriJean Anderson, Turner stated the recommendation for the 12 -foot and would also allow some steps up to the deck. McMillan stated she is in favor of the deck being OF THE fNCIL MEETING List 28, 2006 ck p.m. was based on the fact that it was a reasonable size to 24 feet. McMillan moved, White seconded, Application #06 -3206, Ken and LoriJean Anderson, 4225 Forest Lake Drive, to direct staff to prepare a resolution to allow the second story but not the garage expansion, subject to the deck being reduced to 24' by 261, with shrubbery being planted next to the deck for screening. Danbury inquired whether a side yard variance has ever been granted for a garage corner. Murphy indicated the City has, approved that type of variance in the past, but in this case it would require an additional variance, which he does not see a hardship for. Anderson stated they were willing to reduce the deckif the garage was squared off and that they would prefer to leave the deck as is. . Murphy commented this is not a win/win situation lot, which restricts what can be accomplished. Sansevere inquired whether Mrs. Anderson would to appear before the Council. McMillan noted the motion directs Staff to prepare back before the Council in September. Turner inquired whether the other hardcover Brokl stated the applicants proposed the hardcover included in the motion. McMillan noted her motion would include the VOTE: Ayes 5, Nays 0. 10. #06 -3208 RYAN COMPANIES US, INC., PRELIMINARY SUBDIVISION • Sansevere moved, Murphy seconded, to table Apl 2765 Wayzata Boulevard West, at the request of t anyone given the location of the house on a small the application to be tabled to allow Mr. Anderson approval resolution and that this matter would be are included in the motion. as part of their application and would be reductions proposed by the applicant. WAYZATA BOULEVARD WEST — ation #06 -3208, Ryan Companies US, Inc., applicant. VOTE: Ayes 5, Nays 0. PAGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o'clock p.m. 11. #06 -3219 EDSON SPENCER, 1135 SPRING HILL ROAD — SUBDIVISION — RESOLUTION NO. 5500 Robert Fullerton and Bridget Hust, Attorney -at -Law, were present. Turner stated the applicant is requesting approval of a plat to create a second building site, an outlot for a private road and an outlot for wetlands. The applicant is in the process of creating a conservation easement that would keep the new lot vacant forever. The new lot must be a buildable lot to maximize the value, of the donation of the conservation easement. An issue is the width of the existing private roadway that serves three existing houses and would serve the house on the new lot. It is paved but only 17 feet wide with no shoulder. Fire Code requires 20 feet. The City's subdivision regulations would require 24 feet. The Fire Marshal recommends it be widened to 20 feet. The Planning Commission voted 5 -0 to recommend approval of the preliminary plat subject to the following conditions: • 1. The private roadway remain as is at 17 feet wide, but if the Fire Marshal determines it should be widened, it should be to no more than 20 feet wide. This would constitute a platting variance from the 24 -foot wide private roadway requirement. • . 2. Outlot B being deeded to the property owners association together with a 50 -foot easement over Lot 1 to allow creation of a wetland buffer or provision of a road maintenance agreement acceptable to the City. 3. Execution of a "Declaration of Covenants, Conditions, Restrictions and Private Roadway Easement" as well as an easement to the City for road, drainage and utilities over Outlot B. 4. The septic system for the existing house being replaced or the property being served by sewer by December 31, 2007. 5. Approval of the restoration plan for the areas disturbed by driveway construction before a permit is issued for a house on Lot 1. 6. Payment of the park dedication fee and storm water fees for the new lot at a time the Commission determines appropriate. Inclusion on the plat of drainage and utility easements around the perimeter of the two lots and adjacent to Sixth Avenue for Outlot A. Inclusion on the plat of a utility easement over all of Outlot B. Execution of conservation and flowage easements over Outlot A and the wetlands on Lot 1. Compliance with the requirements of the Minnehaha Creek Watershed District. • PAGE 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 dclock p.m. ( #06 -3219 Edson Spencer, Continued) 10. Submission and approval of the final plat. 11. Confirmation that the existing right -of -way the County Transportation Department. Planning Staff recommends approval of the plat per drafted, requires the widening of the private road to Sansevere stated he would recommend tabling this fire marshal to discuss the width of the road. Sans recommended by the fire marshal. Sixth Avenue North is adequate for the needs of draft resolution. Turner noted the resolution, as feet before December 31, 2007. cation if the applicant wishes to sit down with the noted he is in support of the 20 feet Turner stated the applicant would like to have action by the council on the application as soon as possible. Murphy inquired what the status is on the • Hust stated the Minnesota Land Trust would be the interested in taking the easement. Hust stated she v at 17 feet. Murphy inquired whether it is consistent with past that are under conservation easement. Gaffron stated he is aware of buildable properties easements that could have been subdivided. easement. r of the easement and that they are very like to explain the rationale for leaving the road action to have buildable lots within the city consist of 30 to 40 acres that are in conservation Murphy stated the concept of the conservation easement is a good idea on the surface and inquired what would happen if the conservation easement were not obtained. Gaffron stated approval of the application, without a ionservation easement, would result in a buildable lot. Gaffron noted there has also been septic testing on the lot. Murphy inquired if the applicants understand what the ramifications are with a 17 -foot roadway Hust noted a different driveway services the Spencer house. Hust stated the two outlots and Lot 1 will be sold to the neighbors to the south. Hust commented they felt from the beginning that the conservation easement would be a win/win situation for everyone involved. The neighbors to the south do not want to see the driveway widened. Hust stated two Planning Commission members viewed the driveway and were fine with leaving the driveway at 17 feet. This driveway has served three homes for over 30 years • and has not been an issue. Hust noted some of the houses were rebuilt and the width of the roadway was not an issue at that time. The Spencers, Fullertons and the neighbors have put a considerable amount of PAGE 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o'clock p.m. ( #06 -3219 Edson Spencer, Continued) effort into creating this conservation easement and preserving the natural area and would request the driveway be left at 17 feet. Kellogg stated they had discussed putting gravel shoulders along the roadway to obtain the 20 -foot width. Robert Fullerton indicated he is in the process of purchasing the Spencer property and that his family has resided in Orono for 75 years. The reason the conservation easement has been made possible is that the Spencers have agreed to do the easement instead of constructing a house on that lot. Fullerton stated the conservation easement does not make economic sense but that they would like to see the land left vacant. Fullerton stated the neighbors have been approached about purchasing the conservation easement and an agreement has been reached with two of them. Fullerton noted the requirement to widen the road was not discussed initially and that the neighbors would be hard- pressed to now pay for the widening of the roadway in addition to the lot. Fullerton stated if it is possible for the City Council to leave the width of the road as is, he would like the Council to consider that. • Peterson stated she would be agreeable to leaving the roadway at 17 feet given the guidelines stated in the City's Rural Oasis Plan and as long as the neighbors are well aware of the ramifications of leaving the driveway as is. • Phil Ordway, 1145 County Road 6, indicated he understands the ramifications and is in favor of leaving the roadway as is. Murphy commented the history of how the land has been used should also be taken into consideration. Murphy concurred the people involved in this project should be aware of the recommendation of the fire marshal. McMillan stated as long as the three neighbors to the south understand the ramifications of leaving the roadway at 17 -feet and the potential issues that the fire marshal has raised, she would not be opposed to leaving the roadway as is. McMillan commented the neighbors could look at providing some bump -outs and other options for fire protection. Peter Grant, 1245 County Road 6, indicated he also is aware of the ramifications and is in favor of leaving the roadway at a width of 17 feet. McMillan inquired who the three property owners are. Fullerton stated technically it would be himself, the Grants, and the Ordways that are part of the agreement at the present time. Fullerton stated the fourth property owner utilizes the roadway but is not a part of the agreement at the present time. Hust pointed out there has been an easement in place since approximately 1971 that requires the • landowners to the south maintain the driveway. PAGE 12 n • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o'clock p.m. ( #06 -3219, Edson Spencer, Continued) Ordway stated originally these two lots were separated and were combined by Mr. Spencer and that Mr. Spencer is now requesting the two lots be split again. Murphy stated approval of the plat does not require a iecision on the road. Turner stated the resolution before the Council says 1 would need to be modified if the Council approves a Gaffron stated this is a preliminary plat resolution and required to widen the roadway to 20 feet, that languag resolution would be before the Council once the applic Murphy moved, Peterson seconded, Application to adopt RESOLUTION NO. 5500, a Resolution subdivision for property located at 1135 Spring Sansevere indicated he would be opposed to that n increase the width of the roadway at some point in is. Grant noted the roadway is approximately VOTE: Ayes 4, Nays 1, Sansevere Opposed. 12. #06 -3220 JULE AND ELIZABETH VARIANCE Jule and Elizabeth Hannaford, Applicants, were Curtis stated the applicants are proposing to remove will be 4.5 feet closer to the lake, have a lower profil functional for the property owners. A new rear (strei the two -foot wide concrete path within 75 feet of the hardcover on the property. The Planning Commission voted 5 -0 to recommend allow reconstruction of a new deck within the footp: remove all of the hardcover elements as initially prc existing roadway shall be widened to 20 feet and 3th other than the 20 feet. ecommended that if the property owners are not should be deleted. Gaffron noted another .nts request final plat approval. -3219, Edson Spencer, 1135 Spring Hill Road, nting preliminary approval of a Class II Road, with the roadway being left at 17 feet. m since it does not require the property owners to future. Sansevere inquired how long the driveway of a mile in length. 1220 BRACKETTS POINT ROAD — e existing deck and construct a new deck which when viewed form the lake, and become more ) stoop is also proposed. As part of this application, uke will be removed as well as other miscellaneous iroval of hardcover and lake setback variances to of the existing deck provided the applicants PAGE 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o'clock p.m. ( #06 -3220 Jule and Elizabeth Hannaford, Continued) Staff recommends approval of lake setback and hardcover variances for the new lakeside deck and rear stoop. Staff further recommends that the applicants revise their proposed deck so that it does not encroach closer to the lake than the existing deck. Murphy inquired whether Staff agrees with the Planning Commission recommendation. Curtis stated the Planning Commission recommended approval of the square footage of the existing deck with the hardcover removals, which would allow the applicants to design a new deck. The applicant requested a landing in addition to the size of the deck recommended by the Planning Commission. Planning Staff is recommending no further encroachment towards the lake and that the applicants be required to do the proposed hardcover reductions. Curtis stated the applicants are able to reconstruct the existing deck and not remove any of the existing hardcover. The applicants do not feel they would benefit by removing the hardcover but would be agreeable to the removal if they were allowed to retain the size of the existing deck. Jule Hannaford stated he is in agreement with Staff that they can rebuild the deck with a permit and that he is unclear how this whole process has evolved to this point. Hannaford indicated their proposal includes reductions in the hardcover on the lot and would improve the appearance of the deck, which in their view is a win/win proposal. The deck has deteriorated to the point where it requires replacement. The structural coverage on the lot is considerably below what they are allowed. Hannaford requested the Council consider their proposal. McMillan inquired whether the basic deck would remain the same but just with the addition of the steps. Mrs. Hannaford indicated it would remain basically the same and that they are proposing a net reduction in the hardcover. Murphy inquired whether there is a requirement for steps to be included on decks. Curtis stated that is covered under the Building Code. Gaffron indicated a smaller set of steps would suffice under the Building Code. Murphy noted this is an older house. Jule Hannaford stated the foundation is approximately 70 years old. Murphy stated he would prefer to improve the aesthetic nature of the neighborhood and that there would be a reduction in the hardcover on the lot. White pointed out the Planning Commission could not find a hardship for the further encroachment into the 0 -75 foot zone. PAGE 14 is MINUTES iOF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 • 7:00 o'clock p.m. ( #06 -3220 Jule and Elizabeth Hannaford, Continued) Murphy commented in his view the trade -off for the reduction in the hardcover is a good situation. Murphy moved, White seconded, Application 1706 -3220, Jule and Elizabeth Hannaford,1220 Bracketts Point Road, to direct Staff to draft a resolution allowing the new deck to stay within the footprint of the existing deck, but to allow the steps to encroach around the edge of the deck as shown in the applicants' plan, with the hardcover being reduced as proposed by the Applicants. VOTE: Ayes 4, Nays 1, Peterson Opposed. Peterson indicated she was opposed to the motion encroachment into the 0 -75 foot area. *13. #06 -3222 MICHAEL J. PUDIL, 2414 RESOLUTION NO. 5501 the lack of a hardship for the further STREET — EASEMENT VACATION — White moved, Peterson seconded, to adopt RESOLUTION NO. 5501, a Resolution vacating certain drainage and utility easements within properties located at 2414 and 2416 Carman Street. VOTE: Ayes 5, Nays 0. *14. #06 -3223 MICHAEL AND STACBIA VARIANCE — RESOLUTION NO. 5502 White moved, Peterson seconded, to adopt RES, width, setback, and hardcover variances for the VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL•REPORT Sansevere inquired whether the City has received a department expenses incurred in connection with a Moorse stated a letter has been sent indicating that a that the City's out -of- pocket costs should be reimbui response. Sansevere suggested that the Long Lake firefighters Long Lake City Councils. ,1570 LONG LAKE BOULEVARD — v NO. 5502, a Resolution granting lot located at 1570 Long Lake Boulevard. on the reimbursement of the local police er relating to President Bush's visit. al event permit should have been obtained and Moorse stated they have not received a invited to attend a joint meeting of the Orono and PAGE 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o'clock p.m. (Mayor /Council Report, Continued) Murphy stated he is unclear about the letter received by the City relating to issuing a kennel license for a small lot. McMillan commented the amount of space necessary for a buffer should perhaps be taken into consideration when issuing a kennel license. Murphy suggested someone from Staff visit that property owner and view the situation. Murphy recommended the podium be utilized again at the meetings. CITY ENGINEER'S REPORT *15. STREET CRACK SEALING PROJECT • White moved, Peterson seconded, to approve the final cost amount of $19,929 for the 2006 street crack sealing project. VOTE: Ayes 5, Nays 0. • *16. REQUEST FOR PAYMENT NO.2 AND FINAL — OFFERMAN DITCH STABILIZATION PROJECT White moved, Peterson seconded, to approve Request for Payment No. 2 and Final, for the Offerman ditch Stabilization project in the amount of $16,933.98. VOTE: Ayes 5, Nays 0. *17. McCULLEY ROAD PROJECT TESTING SERVICE INVOICE White moved, Peterson seconded, to approve payment of the invoice from Braun Intertec for bituminous and aggregate testing services on the McCulley Road Project, in the amount of $6,004.75. VOTE: Ayes 5, Nays 0. *18. AUTHORIZE THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE HIGHWAY 12 WATER MAIN LOOPING White moved, Peterson seconded, to approve the adoption of a resolution authorizing the preparation of plans and specifications for the Highway 12 water main looping project. VOTE: Ayes 5, Nays 0. PAGE 16 r� U MINUTES ORONO CITY COI. Monday, Aug 7:00 o'clo CITY ADMINISTRATOR'S REPORT *19. REPLACEMENT OF POSTAGE F THE CIL MEETING t 28, 2006 P.M. White moved, Peterson seconded, to approve the purchase of the Neopost IJ -50 mailing machine with a 5# scale at a cost of $1913.85, to be funded from the Improvement Equipment Capital Outlay Fund; and approval of monthly Meter Rental at $30.00 (1St year free), annual maintenance at $280.00 (1St year free), and annual rate change projection at $99.00. VOTE: Ayes 5, Nays 0. 19A. ELECTION SIGNS Brokl stated based on an inquiry regarding election signs, it was discovered that there is a conflict between Orono City Code and Minnesota State Statutes regarding the length of time that election signs are allowed to be posted. Brokl indicated Orono's City Code was not changed at the time the state statute was revised. I Brokl recommended State Statute 211B.045 be followed, which will allow election signs to be posted from August 1" until ten days following the state general election. Murphy inquired whether people who have not appli �d for office could erect signs. Brokl stated that would not be allowed since it wouldbe an illegal campaign practice. Murphy inquired whether he could erect a sign that Brokl stated there would be issues relating to free would need to meet certain signage regulations. Peterson moved, Murphy seconded, to follow S1 election signs to be posted from August 1St until direct Staff to proceed with a zoning code amen Nays 0. CITY ATTORNEY'S REPORT Brokl indicated he had nothing to report. stated his name in his yard. that would need to be addressed but that the sign Statute Section 211B.045, which will allow days following the state general election; and to ent related to election signs. VOTE: Ayes 5, PAGE 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 28, 2006 7:00 o'clock p.m. *20. LICENSES CLUB FIREARM USE PERMIT 1. Annual Permit for Trap Shooting Park Gun Club 3660 Sixth Avenue North ONE DAY GAMBLING — RESOLUTION NO. 5503 2. Applicant: Orono Football Boosters Event: Raffle at Orono High School Location: 685 Old Crystal Bay Road Date: October 18, 2006 Time: 7:00 P.M. — 9:00 P.M. SPECIAL EVENT 3. Applicant: ZB Construction, Inc., Arnie Zachman Event: 2006 Fall Parade of Homes Location: Stonebay — 2538 and 667 Sandstone Circle Date: September 9 — October 15, 2006, Thursdays through Sundays Time: 12:00 p.m. Noon — 6 p.m. 4. Applicant: ZB Construction, Inc., Arnie Zachman Event: 2006 Fall Parade of Homes Location: Stonebay — 2670 Kelley Parkway, Condo #114 Date: September 9 — October 15, 2006, Thursdays through Sundays Time: 12:00 p.m. Noon — 6 p.m. White moved, Peterson seconded, to approve the above licenses. VOTE: Ayes 5, Nays 0. *BILLS White moved, Peterson seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. PAGE 18 • C] • ORONO CITY C Monday, A • 7:00 0' ADJOURNMENT Peterson moved, Sansevere seconded, to adjourn VOTE: Ayes 5, Nays 0. ATT ST: d - //-� . / Linda S. Vee, City Clerk l� • OF THE FNCIL MEETING ust 28, 2006 ck p.m. Orono City Council meeting at 9:28 p.m. Barbara Peterson, Mayor PAGE 19