HomeMy WebLinkAbout06-27-1988 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 27, 1988
•ATTENDANCE 7:01 P.M.
The Council met on the above date with the following
members present: Acting Mayor Callahan, Councilmembers
Goetten, Sime, and Peterson. Mayor Grabek was absent.
• The following represented the City staff: City
Administrator Bernhardson, Public Works Director
Gerhardson, Building & Zoning Administrator Mabusth,
Assistant Planning & Zoning Administrator Gaffron,
Building & Fire Inspector Jacobs, and City Recorder
Peterson. City Attorney Barrett and City Engineer Cook
were also present.
CONSENT AGENDA*
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to approve the Consent Agenda
i subject.to removal of the following item:
#25 - 1988 Attorney Fees - requested by Acting Mayor
Callahan -
Motion, Ayes 4, Nays 0.
PRESENTATION - RESOLUTIONS OF RECOGNITION
Acting Mayor Callahan read and presented a Resolution of
.Recognition to-City Recorder Pati Peterson on behalf of
" the Council and staff acknowledging the excellent work
done by Pati Peterson and for her years of dedicated
service.
•Acting Mayor Callahan read and presented a Resolution of
x Outstanding Service to Councilmember William Sime, Jr.
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on behalf of the City Council and entire community
recognizing him f.or his outstanding efforts and
excellent work.
APPROVAL OF MINUTES*
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to approve the Minutes of the
June '13, 1988 Council meeting as submitted. Motion,
Ayes 4, Nays 0.
PLANNING COMMISSION COMMENTS
Planning Commissioner Johnson was present and had no
comments.
PUBLIC COMMENTS
- Acting Mayor Callahan addressed the importance that the
residents of the City voluntarily conserve the aquifer
usage together with usage of lake water due to the
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serious drought.
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-There were no comments from the public.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 27, 1988
ZONING ADMINISTRATOR'S REPORT:
• #1025 ED HENRICH
4115 HIGHWOOD ROAD
VARIANCE
CONCEPTUAL RESOLUTION
Mr. & Mrs. Ed Henrich and their attorney, George
MacDonald, were present for this matter.
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City Administrator Bernhardson explained the request for
lot area and lot width variances to construct a new
residence on a. 0.19- acre lot. Based on the site plan
for the proposed house, an average lakeshore setback
variance and 75 -250' hardcover variance are also being
requested. A rental house existed on the lot until
1975 when it was razed, and the lot was assessed for a
ful >1 'sewer, unit- to serve this house in 1971. The
Henrich's live in the house adjacent to the subject lot.
Planning Commission recommended denial of the
application. Attorney MacDonald submitted a letter to
Council presenting arguments as to why they feel that
the variances should be granted. Assistant Zoning
Administrator Gaffron presented a fact list of lot area
variances approved and denied in the LR- lB /LR -1C zoning
districts; and a plat map of the LR -1B zoning district
relevant to applicants area that indicate the vacant,
uncombined lots with separate tax statements.
Assistant Zoning Administrator Gaffron reviewed the plat
map denoting the lots owned by the adjacent property
owner and house locations.
Mr. Henrich, stated that he purchased Lots 19, 20, & 21
with two houses on them 35 years ago. He combined Lots
20 -& 21 for his principal residence. He kept Lot 19
with the small house separate. In 1971 when the sewer
came through, Orono assessed a sewer stub to this lot.
In 1975, the rental house was razed because of its state
of disrepair, with the intention of building a new house
in the future. He stated that the proposed house would
not obstruct anyones view, and wishes to build a
retirement house comparable with the houses in the
neighborhood. He noted that in addition to removing
considerable hardcover within the 0 -75' setback area,
any other run -off would be ponded due to the topography.
He noted that the width of Lot 19 is similar to many
other lots in that area. He stated that if they are
denied building on this lot, they would be forced to
move from the lake. He referred to Council Minutes
dated January 13, 1986 which read "Council advised the
applicant that they grant lot area and lot width
variances to lots that are similar. in size with the
neighborhood lots ", which is all they are asking in this
case.
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17 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 27, 1988
#1025 HENRICH CONTINUED
• Attorney MacDonald reviewed his memorandum outlining
' the position of the applicant (Refer to Exhibit A
attached to these minutes).
Councilmember Sime, f e It that the Council should grant
the variances requested by Mr. Henrich (Refer to Exhibit
B attached to these minutes).
Noting that the applicant is not proposing a garage or a
deck on this site, Acting Mayor Callahan felt it was
.inevitable that additonal hardcover variances would be
requested for a garage and /or deck in the future. He
also noted the many other lots in the area that could be
divided to build a new house from the precedent
.-established if this :application were 'approved.-
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Councilmember Goetten stated she could not approve the
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request in order to be consistent in her vote of denial
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in past similar requests. She felt that there was a
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point in time (in 1975 when the zoning code changed)
when it was decided that these lots should not be
-divided any further.
Councilmember Peterson stated she also could not approve
the variance request. She did not feel any obligation
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to approve this request based on approvals by "prior"
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Attorney MacDonald voiced the argument of the City being
arbitrary and imposing a burden on the property owner by
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requiring a sewer connection charge.
Acting Mayor Callahan recommended tabling this matter
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until the City Attorney has an opportunity to examine
the legality of forcing sewer on this property in regard
to determining if this action makes this a buildable
lot.
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It was moved by Councilmember Sime, seconded by
Councilmember Peterson, to table this matter pending
further examination by the City Attorney. Motion, Ayes
4, Nays 0.
41171 LANDMARK CONSTRUCTION, INC.*
3820 /3830 BAYSIDE ROAD
FINAL SUBDIVISION
RESOLUTION #2455
it was moved by Councilmember Sime, seconded by
Councilmember Goetten, to adopt Resolution #2455
approving the plat of Bayside ;Landing. Motion, Ayes 4,
r;9 Nays 0.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE'27, 1988
#1257 CATHERINE A. CRAM*
3760 WATERTOWN ROAD
FINAL SUBDIVISION
RESOLUTION #2456
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to adopt Resolution #2456
approving the plat of Hi l loway Farm. Motion, Ayes 4,
Nays 0.
#1268 DON PETERSON
3048 NORTH SHORE DRIVE
VARIANCE
RESOLUTION #2457
Don Peterson was present for this matter.
-City Administrator Bernhardson explained the .request for
a hardcover variance to construct room expansion and a
deck to the existing house.
Mr. Peterson briefly explained his plans for improving
the house when he purchased it 1 -1/2 years ago noting -
that he took into consideration the setbacks, but was
unaware of the hardcover regulations.
Councilmember Goetten asked Mr. Peterson if he proposed
any stairway for the deck that might increase the
hardcover?
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Mr. Peterson stated that no stairway is planned because
the deck is near grade level.
It was moved by Acting Mayor Callahan, seconded by
Councilmember Sime, to adopt Resolution #2457 approving
the variances per staff recommendation. Motion, Ayes 4,
Nays 0.
11276 DAVID C. BELL INVESTMENT CO.
3800 WAYZATA BOULEVARD
CONDITIONAL USE PERMIT
RESOLUTION 12458
Don Baker was present representing applicant, Gary Rirt,
of the David C. Bell Investment Co.
City Administrator Bernhardson explained the request to
approve the continued commercial use of the
residentially zoned property as previously approved per
Resolution #2188.
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to adopt Resolution #2458
approving the conditional use permit per staff
recommendation. Motion, Ayes•4, Nays 0.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 27, 1988
#1277 BIG ISLAND BOARD OF GOVERNORS
t . • A) RECORD LOT 1
CONDITIONAL USE PERMIT .
RESOLUTION #2459
B) 1988 JOINT USE DOCK LICENSE
RESOLUTION #2460
Al Wisdorf was present for this matter.
City Administrator Bernhardson explained the second
phase request for a conditional use permit to allow the
Big Island Board of Governors,: to open the facility to
the. public for day use recreation only. They also
request approval of the proposed annual joint use dock
license.
Acting Mayor Callahan asked if staff felt the physical
conditions of the property were safe for day recreation
use?
Zoning Administrator Mabusth stated that the proposed
resolution is conditioned upon staff's inspection and
approval. Staff has scheduled an inspection for the
following week.
Councilmember Goetten felt that great progress has been
4 made on the property.
Councilmember Sime stated he visited the property this
last weekend and felt the. Board has done a magnificent
job.
Acting Mayor Callahan stated that the Council is very
pleased with the progress made on this property.
It was moved by Acting Mayor Callahan, seconded by
Councilmember Sime, to adopt Resolution #2459 approving
' the conditional use permit allowing a day use recreation
area per staff recommendation; and adopt Resolution
R{ #2460 approving the 1988 Joint Use Dock License.
Motion, Ayes 4, _Nays 0.
r. #1281 DENNIS MEYER .
4731 NORTH SHORE DRIVE
VARIANCE
City Administrator Bernhardson explained the request for
reconstruction of the foundation of a garage on which
the City has commenced hazardous building proceedings.
The garage is located on a lot separated by another lot
from applicant's homestead lot. Planning Commission did
not concur with staff's opinion that the proposed repair
of the foundation was partial but was in reality a total
replacement. 'Another issue related to this is the
drainage onto the Henry's property: City Engineer Cook
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 27, 1988
#1281 MEYER CONTINUED
40 is currently reviewing the grading plan to determine if
it will solve the drainage problem.
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Dennis Meyer was present for this matter. He submitted
photos of the garage and its foundation. He stated he
had three masons evaluate the foundation which resulted
in the proposed plan for a partial replacement of the
foundation. Regarding the Planning Commission's
recommendation that the garage be moved an additional
20' back from the road, he stated that his garage is
already approximately 20' from the driven roadway and
there are many garages in the area that are closer to
the road than his. In addition, if he were to move the
garage back, it would eliminate any access for large
equipment to service the well on his property or the.
well on the Henry property.
City Engineer Cook stated that without analyzing the
structural integrity of the garage, he felt the proposed
design concept seemed sound.
Acting Mayor Callahan asked staff's opinion regarding
the safety of the garage being located so close to the
driven roadway?
Staff confirmed that there is a safety concern with
backing out onto the roadway.
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Mr. Meyer stated that at this point in the road, there
is adequate site distance.
Councilmember Goetten asked if this lot was considered
buildable?
Zoning Administrator Mabusth. stated ` that she did not
feel that she could answer this question without first
analyzing the area and width of the lot in relation to
surrounding lots. The lot appears severely substandard
in consideration of the LR -1B standards.
Mr. Meyer stated that he has recognized the fact that
the lot is not buildable for a residence.
Councilmember Goetten asked if any fill will be
necessary?
Mr. Meyer .stated that a minor amount of fill may be
needed when repairing the foundation.
Councilmember Sime felt that Mr. Meyer has found a
satisfactory way to repair the structure per the City's
hazardous building direction and staff has recommended
approval as proposed.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 27, 1988
#1281 MEYER CONTINUED
Council felt because of the hazardous building nature
there should be a deadline date set to complete the
repair of the garage.
Zoning Administrator Mabusth also recommended that
applicant be required to do a special lot combination so
that the two lots owned by applicant must be sold
together.
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to approve the variance 'as
proposed per. staff recommendation, subject to the
project being completed by September 1, 1988 and a
special lot combination being done. Motion, Ayes 4,
Nays 0.
#1283 GARY & BETH ESCHER
3556 LIVINGSTON AVENUE
AFTER -THE -FACT VARIANCE
Gary & Beth Escher were present for this matter.
City Administrator Bernhardson explained the application
in which a shed `was constructed without a building
permit. The shed encroaches upon the rear property
line. Planning Commission recommended that the shed be
altered so that there is a minimum of 1.5' (8.5' rear
lot line variance) maintained by the shed /garage from
the rear lot line.
Zoning Administrator Mabusth stated that staff inspected
the site and advised that the shed can only be altered
to the existing pier foundation by approximately 1 -1/2'
which would result in a 9' rear lot line variance.
Acting Mayor Callahan asked how /why the shed was built
without a building permit?
Mr. Escher stated that the majority of the shed was
replacing what previously existed with exception to a
_ portion built to square off the garage. It was
replacing what had existed and he did not think a
building permit was required.
Acting Mayor Callahan noted staff's recommendation to
install a fire resistence wall as a condition of
approval.
It was moved by Acting Mayor Callahan, seconded by
Councilmember Goetten, to approve the after- the -fact
9' rear lot line variance. Motion, Ayes 4, Nays 0.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 27, 1988
•#1284 DOUGLAS KIRCHNER
1520 BOHNS POINT ROAD
AFTER -THE -FACT VARIANCE
RESOLUTION #2461
City Administrator Bernhardson explained the request for
an after - the -fact average lakeshore setback and 75 -250'
hardcover variances for a deck that was constructed
without a building permit. Planning Commission
recommended approval of the after - the -fact variance
subject to a 3.4% reduction of hardcover within the 0-
250' setback area. Applicant has submitted: plan to
reduce 5.4% hardcover within the 0 -250' setback.
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Mr. & Mrs. Douglas Kirchner were present for this
matter. Mr. Kirchner apologized to the Council for his
actions leading to this after- the -fact- application. He
stated that his neighbors have no objection to the deck.
Acting Mayor Callahan stressed the serious results of
after - the -fact applications.
Mr. Kirchner stated that as a concession for his actions
and in appreciation for the hardcover rules, he has
proposed removing more hardcover than recommended by the
Planning Commission. He reviewed the areas of hardcover
he plans to remove.
Councilmember Goetten stated she deplores after -;the -fact
applications especially in a knowing situation such as
this.
Referring the drafted resolution, Councilmember
Peterson felt that Condition #5 (deadline for building
permit application) technically should be eliminated
because the deck is already built, and suggested a
deadline date be set for.completion of hardcover
t removals.
Zoning Administrator Mabusth noted that a building
permit will be required to*alter the shed in the
lakeshore yard area.
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It was moved by Councilmember Peterson, seconded by
Acting Mayor Callahan, to adopt Resolution #2461
approving the after - the -fact conditional use permit
subject to removing condition #5 and a building permit
be obtained by September 1, 1988. Motion, Ayes 4, Nays,
0.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 27, 1988
•#1288 WARD EDWARDS*
2474 CARMAN STREET
RENEWAL VARIANCE
RESOLUTION. 42462
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It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to adopt Resolution #2462
approving the renewal variances as proposed. Motion,
Ayes 4, Nays 0.
#1297 WASHINGTON SCIENTIFIC INDUSTRIES, INC.
..COMMERCIAL SITE PLAN REVIEW
Joe Pallansch and architect', Ed Vogt, were present for
this matter. .
City Administrator Bernhardson explained the commercial.
si.t:e,plan review for a proposed addition to-the
northwest side of the existing structure. He noted the
possible need to vacate a portion of the Lincoln Drive
platted right -of -way. He stated a major concern of
staff's is the need to commit to a future rear frontage_
road for safe access:
Building &.Fire Inspector Jacobs explained the request
to allow stock piled fill from the proposed addition
excavation on the property until proper approvals are
granted from the City to fill a low area on the
property.
Acting Mayor" Callahan felt that the location of the
future frontage road directly affected the entire lot
and therefore, questioned if the road "location should be
determined before approving the commercial site plan:
Mr. Pallansch felt that the proposed addition and
frontage road were two separate issues, however, W.S.I.
will be sending a letter to the City indicating their
willingness of cooperation for an access road.
City Administrator Bernhardson recommended approval of
the commercial site plan at this point, and staff will
work with W.S.I. on an access road.
Mr. Pallansch noted that the access issue will involve
many long meetings with several different groups to
determine.
It was moved. by Acting Mayor Callahan, seconded by
Councilmember Sime, to approve the commercial site plan
and stock piling of fill per staff recommendation:
Motion, Ayes 4, Nays 0.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 27, 1988
HIGHWAY 12 ZONING ORDINANCE
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City Administrator Bernhardson explained the request to
refer the drafted zoning ordinance amendments to the
Planning Commission for their consideration and
recommendation.
Acting Mayor Callahan noted his concern regarding the
Planned Unit Development ordinance.
It was moved by Acting Mayor Callahan, seconded by
Councilmember Sime, that the Council refer the drafts
prepared by John Shardlow to the Planning Commission for
their consideration and recommendation and that they be
directed to undertake the review of the ordinances as to
r` implementing the Comprhensive Plan amendment following
appropriate meeting(s) with John Shardlow. Motion, Ayes
4, Nays 0.
MAYOR'S REPORT:
There was no report from the Mayor.
CITY•ADMINISTRATOR'S REPORT:
RECEIPT OF AUDITOR'S REPORT = 1987 FINANCIAL REPORT
City Administrator Bernhardson presented the 1987
financial report for Council review and acceptance: He
• thanked Finance Director Kuehn for his hard work in
applying for the Government Finance oficers' Association
.Certificate of Achievement for Excellence in Financial
Reporting award. In addition, authorization is
requested to expend up to $750.00 for the auditor to
update •the cash flow projections and the special
assessment funds.
Acting Mayor Callahan congratulated staff on the
report which contains valuable information indicating
.J. that the City is in an excellent financial situation.
„1 He also felt Finance Director Kuehn should be given
special recognition. He briefly commented on two items
contained in the report.
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It was moved by Acting Mayor Callahan, seconded by
Councilmember Goetten, that the Council having reviewed
the 1987 Audit Report to accept the report and
authorizes the City to expend $750.00 to contract with
Pannell Kerr Forster to do the necessary cash flow
projections for the City's five debt funds: Motion, Ayes
4, Nays 0.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 271 1988
1988 -89 STRATEGIC GOAL SETTING
It was moved by Acting Mayor Callahan, seconded by
Councilmember Peterson, to establish Wednesday; August
3, 1988 as the date for its initial meeting to establish
goals for 1989 together with a work session on the
capital budget proposal for 1989 -90. Motion, Ayes 4,
Nays 0.
WATER CONSERVATION ADVISORY
City Administrator Bernhardson explained the issue of
determining. as to what action, if any, Council would
desire to take to improve water conservation in the City
during this extended period of dry weather: Staff
recommends that the City undertake a voluntary advisory
to its residents for water conservation. In addition,
if the drought holds into August, it is recommended that'
the City explore regulating sprinkling, not from the
water customer standpoint, but from the proper use of
natural resource.
Councilmember Goetten felt that the City should explore
regulating sprinkling before August.
Acting Mayor Callahan felt that the Council should be
kept apprised of the situation at the Council, meetings
to follow.
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It was moved by Acting Mayor Callahan, seconded by
Councilmember Peterson, that the Council direct staff to
issue a voluntary water conservation advisory to its
residents requesting their voluntary compliance with
such an advisory and that the issue be brought back at
the Council meetings to follow to determine if the City
should undertake regulation of the issue. Motion, Ayes
4, Nays 0.
Acting Mayor Callahan suggested that the local
newspapers print an article informing the residents of
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the voluntary water conservation advisory.
WOODHILL AVENUE
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John McDowell was present for this matter.
City Administrator Bernhardson - explained the issue that
was tabled at the June 13th Council meeting. Given the
need for the project improvement and the favorable bids
at .this point, staff recommends that the Council
reconsider and that the project be ordered in on at
least a 75% developer and 25% City split of the costs:
Councilmember -Goetten noted that she has spent
considerable time reconsidering this matter.
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• MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 271 1988
WOODHILL AVENUE CONTINUED
It was moved by Councilmember Goetten, seconded by
Councilmember Sime, that Council:.
1. Accept bids and order project in
2. Financing: Developer 75% - City 15% - 3 abutting
owners 10%
Motion, Ayes 4, Nays 0.
3508 IVY PLACE*
Councilmember Peterson stated that she voted in favor
because she felt the abutting property owners
technically should be assessed for a portion of the
improvements.
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to direct staff to continue its
efforts to resolve the high water use at 3508 Ivy Place.
Motion, Ayes 4, Nays 0.
REQUEST OF ORDINANCE AMENDMENT - SOLICITOR'S ORDINANCE
City Administrator Bernhardson explained the request to
amend the solicitor's ordinance as it relates to
requiring solicitation to take place' only on
• commercially zoned land. Staff recommends that that
solicitor's ordinance language be retained and not. allow
commercial operations in residential zones and that Mr.
Larson be directed to submit a rezoning application
pending the master planning process review, if he
wishes:
Paul Larson, owner of the property at issue, was present
for this matter. He stated that based on the use of the
abutting properties, he felt the existing use of his
property should be allowed to remain. He did not feel
he should go to the time and expense involved in
rezoning the property. He noted that this entire issue
was brought about by a complaint from a local competitor
of the affected solicitor.
It was moved by Acting Mayor Callahan, seconded by
Councilmember Sime, that the Council desires to retain
the current language and Ordinance and directs Mr.
Larson to undertake the necessary rezoning application
which will be held in abeyance pending completion of
the master planning process for the Navarre area.
Motion, Ayes 3, Nays 1. Councilmember Goetten voted nay
stating that this is an unfortunate situation and that
the Council needs to be looking at the County Road 15
area as a total picture, including this specific area.
• Motion carried.
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MINUTES OF THE.REGULAR ORONO COUNCILMEETING HELD JUNE 27, 1988
ORDINANCE AMENDMENT - FENCE HEIGHT AND NON - ENCROACHMENT
City Administrator Bernhardson presented the draft
language regarding fence regulation and related "clean
up" of non - encroachment sections to determin if Council
desires to refer this to Planning Commission for their
consideration.
John Hollander was present for this matter and stated he
is agreeable with the drafted ordinance, however, he
recommended that it be incorporated that all existing
fences would be-,exempt to this ordinance.
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, that the Council refer the draft
language to the Planning Commission for its study,
thought-and recommendation. Motion,* Ayes 4, Nays 0:
ORDINANCE AMENDMENT - PRIVATE IMPROVEMENTS ON RIGHT -OF -WAY
It was moved by Councilmember Sime, seconded by
Councilmember Peterson, to accept the draft ordinance
regarding private improvements in public right -of -ways
at this time and to table the matter for final approval
at the July-11, 1988 Council meeting. Motion, Ayes 4,
Nays 0.
EMPLOYMENT - CITY RECORDER
• It was moved by Acting Mayor Callahan, seconded by
Councilmember Goetten, that the Council authorizes the
employment of a person. for the City Recorder position
commencing after 1 July 1988 at a range between $8:153 -
$8.675 plus prorated benefits subject to confirmation at
the July 11,1988 Council meeting. Additionally, Council
acknowledges the amended resignation effective July 11,
1988 for Pati Peterson. Motion, Ayes 4, Nays 0.
RESOLUTIONS OF RECOGNITION*
RESOLUTIONS 12453 AND #2454
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to adopt Resolution #2453 of
Outstanding Service by Councilmember William Sime Jr.
Motion, Ayes 4, Nays 0.
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to adopt Resolution #2454
recognizing Pati Peterson, City Recorder. Motion, Ayes
4, Nays 0.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 27, 1988
1988 ATTORNEY'S FEES
City Administrator Bernhardson and City Attorney Barrett
clarified the agreement for Acting Mayor Callahan.
It was moved by Acting Mayor Callahan, seconded by
Councilmember Peterson, to adopt the rates contained'in
t Attachment A for 1988 for it s City Attorney Fees.
Motion, Ayes 4, Nays 0.,
POLICE INTERN - MARK MEYER*
It was -moved by Councilmember Sime, seconded by
Councilmember Goetten, that :the Orono City Council
authroizes the internship of Mark Meyer for the period
6/21/88 to 9/1/88. Motion, Ayes 4, Nays 0.
u COMPENSATION ADJUSTMENT - CHARLOTTE KNUTSON*
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to adjust Senior Accounting Clerk.
Charlotte Knutson's salary to Level 4 Step IV ($10:71
per hour) effective July 1, 1988. Motion, Ayes 4, Nays
0.
ADMINISTRATOR'S INFORMATION*
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to accept City Administrator
Bernhardson's information regarding: 1950' Shoreline,
? Traffic Accident - Old Long Lake Road /Hwy. 12, 3536
Lyric Avenue, and City Administrator's Vacation.
Motion, Ayes 4, Nays 0.
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CITY ATTORNEY'S REPORT:
City.Attorney Barrett requested'an Executive Session to
discuss litigation.
The Council meeting adjourned temporarily before
entering into executive session at this time.
LICENSES*
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to approve the following
licenses:
Set -Up License = Don Scherven, Navarre Lanes
Spring Hill Center
Solicitor's License - Fabian Seafood
Residential Kennel License - John Hollander, 200
-Hollander Road
Motion, Ayes 4, Nays 0.
BILLS*
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to approve payment of the All
Funds Accounts. Motion, Ayes 4, Nays 0.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 27 1988
ADJOURNMENT 10:20 P.M. it was moved by Acting . Mayor Callahan, seconded by Councilmember Simey to adjourn the regular Council
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meeting at 10:20 P.M. Motion, Ayes 4,, Nays 0.
AT T:
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/nnwInt- - /Halli�h. Citv Clerk Edw war cT J. Callahan, Jr., Act Mayor
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MINUTES 6/27/88
EXHIBIT A
Page 1 of 4
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MEMORANDUM
` r[ TO: Orono City. Council
'r Y_ DATED: June 27, 1988
RE: APPLICATION. OF EDWARD R. HENRICH
4115 Highwood Road - f
l�� � No. 1025
gym.. Ladies and Gentlemen: • t �.
>. This memo is presented as an outline of the position of
applicant,_and with the request that it be reviewed and made part
of the official record in this hearing. `$
FACTUAL BACKGROUND.
Applicant requests necessary variances to construct a
dwelling on a pre- existing lot of record located in the Highwood
Lake Subdivision. The lot in question contains 50 feet of
frontage on Lake Minnetonka and an area of .0193 acres. The jot
has a•sewer connection and•has been•assessed for one-full sewer
unit. The lot is located on Highwood Road. There are-12 parcels
_ located on Highwood Road, excluding the parcel owned by
applicant, of which 9 are .25 of an acre or smaller; one is .34
• of an acre, and two are greater than 5 /10ths of an acre. ,
Applicant has presented substantial documentation to the Planning...
Commission and staff, - including physicians statements supporting
the fact that he is medically restricted from activities
G +s necessary to the continued maintenance of his present dwelling.
-`� Mr. Henrich "s request is to allow construction of a smaller
_ residence and ultimately the sale of the main residence to
applicant's adult child to allow necessary maintenance and
medical assistance.
1. THE CITY STAFF RECOMMENDATION FOR DENIAL BASED ON THE "SPIRT
AND INTENT OF THE LR -1B ZONING DISTRICT IS NOT SUPPORTED BY
FACTS. -
.Tr
The staff in its recommendation places emphasis on -the fact
that the neighorhood is densely populated. The staff has assumed
that the intent oLR -1B Zoning District is to provide a density no
greater than 1 dwelling per acre. The City of Orono, however,
has rountinely granted variances to properties located in LR -1B
zones. During the five year period from 1982 to 1987 for
example, 17 such variances were granted while only 2 were denied.
Of particular significance is the fact that the City of Orono,
based on information provided by the Assistant Zoning
Administrator has NEVER DENIEDBUILDABILITY TO A LOT ON WHICH Ate_
SEWER CONNECTION WAS AVAILABLE AND WHICH HAS PAID A FULL SEWER
p,SSSESSMENT. Of similar significance is the fact that of the 390
lots zoned LR- 1B,•only 111 (28 %) are e.qual,to greater than 1 acre
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and over half of the lots with this zoning (197) are SMALLER
THAN 6 /10ths OF AN ACRE. It.is clear from looking at these
numbers that-although the designation of an'one acre minimum lot :s
size might be justified as a desirable standard, the imposition
of this zoning category on over half of the lots presently so -_
zoned, does not conform to long established use, and the
application of the present ordinance does not support a "spirit -g
or intent" of one acre parcels. -= R;= .:,.•.
An analysis of applicants immediate neighborhood shows a _-
smiliar pattern. 75% of the lakeshore lots on Highwood Road
(exclusive of applicant's property) are less than 26 /100ths of - an_•.�w�;
acre. None equals 1 acre and- only 8% (1 out of 12) is as large._-._"_--_ — ==
as 6 /10ths of an acre. An analysis of all properties located on .. -
Highwood Road yields an even greater disparity. Of the 24
properties in this category, none is equal or greater than one
ac. -re ;,:•.one is equal to .o.r greater than 8 /10ths of an acre; one is _
between 6 /10ths and 8 /lOths of an acre and the remaining 22 are
less than 6 /10ths of an acre.
2. THE STAFF POINTS OUT THAT THE GRANTING OF THE REQUESTED
VARIANCE FOR LOT AREA AND LOT WIDTH WOULD LEAD TO REQUESTS FOR
ADDITIONAL VARIANCES FOR AVERAGE LAKESBORE SETBACK AND ALSO FOR
HARDCOVER REQUIREMENTS.
The proposed dwelling would in fact lead to a request -for
average lakeshore setback. In reviewing this request, however,
it should be noted that the proposed location is consistent with,
.and on line with, .virtually -all other residences on Highwood -
Road, with the.exception of the adjacent property owned by Mr.
George-Applebaum located at 4109 Highwood Road. The property at.
that address is a non - conforming structure which predates the
existing building ordinance. The dwelling built on that lot has
an extreme setback from the lake, and in fact does not meet the
road setback requirements of the ordinance. Mr. Applebaum has
reviewed and discussed the proposed construction with Mr.
Henrich, and has made a written statement to the City stating no
objection to the plans, and indeed acknowledges that it is the
location of his dwelling which is the cause of the problem.
With regard to the assertion that hardcover variances would
be requested, this is pure speculation on the part of the staff.
The proposed plans are within the restrictions and the 75 to 250
foot section of the lot. In the O to 75 foot segment there are
existing improvements which are non - conforming structures.
Applicant has indicated to staff, and is willing to stipulate
that if the present variance requests are approved, he will
relandscape the property in the 0 to 75 foot area, removing all
unnecessary hard cover and terracing the property to prevent any
surface water from running off and polluting the lake.
3. 'THE STAFF INDICATED THAT IN ITS OPINION GRANTING THIS
VARIANCE WILL "ULTIMATELY HAVE A NEGATIVE IMPACT ON THE CHARACTER
OF THE NEIGHBORHOOD AND THE CHARACTER OF THE QUALITY OF THE WATER
C.
_=- OF LAKE MINNETONKA.
EXHIBIT A
Page 3 of `4
There is-no evidence to support this assertion. An analysis
of the lot size data provided by the City, and referred to above
indicates that applicants proposal is totally consistent with
the neighborhood., Indeed, a review of all the .properties in the F
City on Vorth Arm'Bay indicates that this is an area which-has ` >=
been used'for high.density single family residences for close to
half a century. In addition, there are no other potential.- _- °= ` _% -�"-'
building sites on Highwood Road which have sewer connections "and ,-- s= -` = -''
have paid sewer assessments, and which are not presently
developed:', The�h'istory of this.neighborhood is that the City has.---. ,
allowed substantial renovation and rebuilding on* lots which area_=
essentially the same as applicants, and have routinely granted
variances to accommodate such construction.
As indicated above, any effect on the quality of Lake .
Minnetonka as a result of applicant's proposal would be positive.
The relandscaping of applicant's properties would remove
hardcover i.n the 0 to 75 foot zone where run off effects lake -
quality most substantially.
4. THE STAFF ASSSERTS THAT THE PARCEL PRESENTLY HAS SOME USE AS
ASIDE YARD TO AN EXISTING DWELLING.
This position ignores the very fundamental realty that
historically the lot in question has been used as a separate
building lot, and indeed the City has classified it as such ins..•
imposing a full sewer assessment to the property. The City has
always treated the parcel as a separate tax parcel, and at no
time suggested to Mr. Henrich that the removal of the residence
previously located on the parcel would change the character of
the lot in question as a separate building parcel. Having
benefitted from its treatment of the parcel in question as a
separate building site, the City should not now.attempt to assert
that Mr. Henrich has an adequate use for the property as a non -
"building site.
5. THE CITY'S REFUSAL TO GRANT THIS VARIANCE•WOULD BE AN
ARIBTRARY AND CAPRICIOUS ACT.
An analysis of the past history of variance requests in the
City of Orono indicates that minimum lot size and lot width
variances are routinely granted. Indeed in the LR -1B District
only 2 such requests have been denied. The City has arbitrarily
assigned in excess of two - thirds of the lots in the LR -1B
-Districts to that category in spite of the fact that only 111 of
390 such lots are equal to or greater than one'acre in size.
When faced with variance requests on those lots which are of
substandard size, the City has consistently and overwhelmingly
approved the requests and has consistenly held that the-exis-tence
-•of -a sewer= hookup and payment of a full sewer assessment.- s f:
determinative of buildability. Indeed, information provided-'by
the City staff and statements made by Assistant Zoning Director,,.. -
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Mike Gaffron, indicates that the City has not previously denied
buildability in any similar sewer situation, and that the
�� • granting of variances in the present case would not set advicerse
precedent. The number of similar lots which are undeveloped, and
•. therefore potential building sites, if any, is negligible. In
r_ short, there is no,rational basis upon which the present
application can bel denied, and'to do so might well subject.the
City to an'action for both an injunction and money•damages. We
-.r. respectfully request that the City avoid this type of . unpleasant -
�'= litigation and approve applicant s request.
Since ly, z4 , y
=` George C MacDonald
k NY Attorney for Applicant
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ATTACHMENT TO COUNCIL
MINUTES 6/27/88
Zoning Appli.ca.s.ons,#�1025s s
EXHIBIT B, .
Page 1 of 1
June 27, 1988 Mr. Ed Henrich, 4115 Highwood Road — Variance request.
I believe that -the Orono Council should grant the variances requested by Mr.
Henrich for the following reasons.
1. Mr. Henrich has a legally platted lot which he has owned in good faith for
-b! inany years.
2. This lot had a home on it previously, which was destroyed.
3. The lot in question was assessed a separate sewer charge by Orono,
- which has been paid. This indicates Orono felt this to be a buildable lot.
To quote our staff in a written memo dated 5/18/87, "133r fo rc iri.g
payment o f an assessment , i.t can be
argued that the City had re cogs z z ecl
`A Lot X9 as a separate and s e 1 f-
_ 811f�'1C1e=1•t LOt, W�'11C�'1 ffi11S't rE�Ce1Ye a
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variance as a non — conforming use. 7
4. Orono changed its lot size requirements in the area'some time after this lot
was legally platted. This action would affect new plattings, but should not
alter the usability of an existing lot.
i 5. More recently, our previous council recognized the legal rights of an owner
of a similar legal but small lot for Inky Johnstone on Shadywood Road. In my
- opinion,-the previous council set a precedent by permitting a home to be
built on this lot. Therefore, in order to be consistent, this council should
_ - approve this request. To do otherwise would be discriminatory.
6. Beyond _what I feel our moral obligation is to treat all of our citizens
_ justly and fairly, it would appear that we have historical evidence that to
deny this request will cost the taxpayers of Orono a great deal of money.
It is probable that the City of Orono will be overruled in court, if we
= try to deny this landowner his right to build on this legal lot.
(Lorge case, Smiley case., what other cases ?)
by William Sime
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