Loading...
HomeMy WebLinkAbout11-24-1975 Council Minutes � ' ► � CITY OF OROI10 � Regular� Tleeting of the Orono Council, 7: 33 P.A2. ilovember 24� 1975 The Orono Council met on the above date �aith the following members presente i�Zayor ` Searles, Councilmembers Butler, I�-lassengale, Paurus, and Welsh, Also presente City � Administrator Dick Benson, Zoning & Building . Administrator lluhich, and Cit� Attorney i�ialkerson e � � Butler rnoved, T-Velsh seconded, that the MINUTES TJIinutes of the Regular T��Ieeting of T7ovember 10 o November 10, 1975 • 1975, be approved, i�Iotion, Ayes (5) - Nays (0) . � � II�ssengale moved, Butler seconded, that the NIIDIUTES i�iinutes of the Special T�Ieeting of IJovember 17, November 17, 1975 � 1975 , be approved, with the correction of John Guthrie ' s name in place of Brad Van Nest. � I�Ic�tion, Ayes (5) - Nays (0) . � • Park Commission Chairman Dave Opheim appeared PARK COT�NTISSION CNAIRMAV before the City Council and stated that the Park Commission has recommendec� that �3ro �rlalt Luthrop, Park Cor.unission member, be appointed Park Corlmission Chairman, effective November 24 , 19750 � ti�a�lsh moved, Searles seconded, that TZr. [�lalt APPOINTP�ENT S' Lathrop be appointed Park Commission CYiairman Walt Lathrop � effective November 24, 1975, Motion, Ayes (5) - I1ays (0) o � � i�iayor Searles also requested the Park Commission T�IAPLE GATE INLET to review and make recommendations to Council of PROPERTY � �:��proxirnately 14 acres in Plaple Gate Inlet + w}Zich lias been offered to the City of Orono for the assessed valuation by Bill Sween of the + Fberhardt Companyo i Doris Schroeder reported on the availability of L06] INCOTIE HOUSING � low income housing funding stating that funds are not available for low income housing and � that the P�letro Council has recommended that � Orono attempt to rehabilitate older homes and look into the possibility of rental subsidiese ` Ci�rrently, the administration is conducting a :u�vey of approximately 300 homes anc� rental � �nits to determine i_f rehabilitation or subsidies are neededo Councilman Gary [^Ielsh � urged individual residents to apply for State . housing rehabilitation loans. � ! � • ORONO COUt1CIL T�ZEETING HELD NOVEt�BER 2 4, 19 7 5 Page 2 � Paurus moved, [�delsh seconded, that the request VARIANCE � for Robert Frost, 4625 Chippewa Lane, for a 4625 Chippewa Lane street and side yard variance, be referred to the Planning Commissione P�otion, Ayes (5) - Nays (0) . � Paurus moved, t��lelsh seconded, that the request VARIANCE � for itoger S�aanstrom, 1580 Bohn's Point Road, for 1580 Bohn's Point Road • a wetlands variance, be referred to the Planning Commissione TJlotion, Ayes (S) - Nays (0) , r � Paurus moved, [^lelsh seconded, that the request VARIANCE for Odd Rovick, 1055 West Ferndale Road, for a 1055 West Ferndale Roa� � variance, be referred to the Planning Commission. i�lotion o Ayes (5) - Nays (0) , S + Paurus moved, [nlelsh seconded, that the request CONDITIONAL USE PER1�3I"_' � for James l�IcCleary, 2259 Shadywood Road, for 2259 Shadywood Road a conditional use permit, be referred to the Planning Commissione I�lotion, Ayes (5) - Nays (0) , � Cheyenne Land Company - Henry T4uhich, Building & CHEY�NNE LAND COi1PAPT�� ' Zoning Administrator, reviewed the various staff reports that had previously been submitted i�o the City Council and Planning Commission concerning this application for rezoningo He stated that he had ;_inspected the property in � question on four separate occasions and that on one of those occasions he was almost involved � in a car accident while attempting to drive � from Highway #�12 onto Ozono Orchard Roade He noted that three cars were waiting in front of a him to take a left hanc� turn onto Orono Orchard P.oad and several cars were attemPting to come � from Orono Orchard Road onto Highway #12. This area has always been known as being hazardous in � nature and such a development would increase the ' traffic flow measurably at this dangerous pointo I�Tayor Searles noted that this area has alway.s � been dangerou� for pedestrians and vehicular traffico T�Tuhich noted that another dangerous � traffic point was the overpass on Orono Orchard Road. At the overpass, only one car is able to � travel and on several occasions he has met other cars there and has had to pull over to allow them � to pass under the bridgee r Muhich stated that he spent half the day walking ` through the project on one occasion and noted that the project is very hi11y in nature and there are numerous marshlands and wetlands throughout the property. He stated that the � recent flood plain map shows that parts of the • property are in the flood plain as determined by the Federal governmente � (C�'�ntinued) � • . � OROI10 COUI�ICIL iJIEETING HELD NOVEi�iBER 24, 1975 Page 3 � He noted that there was still no commitment C1�EXENNE LAND COr1PANY � from the P�letropolitan Waste Control Commission (Continued) that the sewer interceptor would be built in this area and even if such an interceptor were built, the purpose of that interceptor � was to remove the effluent from two sewage treatment plants and not to provide for sewer r for municipal development in the areaa He stated that other property owners have developed � their property as two acre sites and that to • change the zoning of this property to one acre would result in the diminuation of land value � and would adversely affect those people who have followed the two acre zoning. �ie noted � that based upon his review of the site and based upon his and other staff reports that he � recommends that the Council adopt a resolution + that was recommended by the Planning Commission to deny the request for rezoning. � i•iayor Searles asked if there was anyone present A representing Cheyenne who would like to make a commento Jim Diracles, attorney for Cheyenne, � noted that he would be glad to entertain any questions concerning the property, He agreed �' that there were traffic problems on Orono Orchard Road and that there was a need to eliminate thoseo He stated that if there were any questions he would be glad to respond. Councilmember i�iassengale noted that the proposed subdivision � that was submitted was conceptual in nature only and that it was submitted just to assist � the Planning Commission and Council to review ` the advisaUility of granting rezoning to the property. P�Iayor Searles noted that there has � been considerable review concerning this matter by the Planning Commission and by the staffo � Councilmember Paurus stated that he thought the Planning Commission was not satisified � concerning the various wetland maps submitted by the applicant showing the location of the � marsheso Planning Commission member Guthrie, who was in the audience, stated that several A different versions of the wetlands had been � submitted to the Planning Commission and there still has not been a final determination of r the extent of the wetlands on this property. Brad Van Nest of the Planning Commission, noted � that the Planning Commission had doubts that • the wetlands as shown on the maps as supplied by the applicant included all the wetlands on � the property. �layor Searles again asked if �there were any comments by representatives of Cheyenne and there were noneo � � (Continued) � � � . � OROi10 COUTICIL T1EE�ING HELD NOVET7BER 24, 1975 Page 4 � taelsh moved, Butler seconded, that the Council CHEYENN� LAND COMPANY ��opt the resolution as recommended by the (Continued) Planning Commission subject to review by the City Attorney to be submitted for final Council approval at the December 8, 1975 � r��eeting, r7otion, Ayes (5) - Nays (0) o � Eisinger Landfill - Henry PRuhich, Building & EISINGER LANDFILL � Zoning Administrator, reviewed the various staff reports that have previously been sub- � mitted to the City Council, the Planning ' Commission and the applicant. He noted that there are numerous traffic problems along � Highway �12 at that point where the applicant proposes to enter and exit from the property. � The speed limit there is at least 50 m,p,h. and the traffic is heavy, P�oreover, the r applicant's proposed use would generate truck , traffic which would be hazardous in and of ?tsnlf on Highway #12 at that point. Council- member Massengale asked if there were any �pecific numbers concerning the extent of ,� t,=�.ffic that would be generated by the proposed useo I�Tayor Searles stated that it was acknowledged � .'�-:� �he applicant that there would be heavy trucks coming in and out of the commercial '_andfill, He noted that these trucks would be clriving very slowly on that property, they would l�y necessity be driving very slo�ly, on that � portion of Highway #12, There would be traffic pro�lems for traffic coming in both directionse M T•1�ahich stated that he had asked for a traffic r count from the applicant concerning the amount �� additional use generated, but had not r received onea Councilmember Paurus noted that ` the County says their traffic count is approximately �1,000 on tha� road, P�4uhich stated that the Orono v School System is located near the highway and that this additional traffic problem would � create additional problems for the school children to and from school, He noted also that the � pro�osal would result in additional obstruction o� the flood water which passes through the nlarsh on the applicant's propertya The community � is developing in that general direction and many new building permits have to be granted � €or residential uses in this area. He noted tha-� there is a need to maintain the existing � marsh system to prevent damage from flood . �aater to the community. He stated that the proposed operation was 600 feet from Lake Classen. �i�Tuhich noted that during one of his visits to the property he found that the creek through the � p��operty had been diverted by someone, and that that diversion is not shown on the map submitted � by the applicant, i7uhich noted that this property (Continued) � • � OROiJO COUNCIL P?EETING HELD NOVEP�IBER 24, 1975 Page 5 � is in a residential use classification and that ETSINGER LANDFILL there are numerous uses allowable in that (Continued) classification which are ideal for this property. i•iuhich noted that..this property is ideal for � many of those uses allowed in the residential district. P�iuhich stated that the PCA noted that � the owner voluntarily closed the landfill operation in 1970 and that there is a letter � in our file dated April 11, 1972 from the City • Engineer noting that the owner voluntarily closed the operation because the owner did � not think he could meet the State standards that had been promulaged by the PCA. • Iluhich noted that based upon the staff investigation � and by investigation of the Planning Commissian, � that he recommended that the Council adopt the resolution previously recommended by the Planning ' Commissiono Councilmember r�lassengale noted that caith regard to the new flood plain map, a portion of the proposed operation is in the flood plain, 'r�luhich acknowledged same, r + i�Iayor Searles stated that he has been concerned about the land use in this area and about the land uses that were available to this property �owner for several yearso He stated that he feels that the land owner of this land should get all the cooperation he can from the City to make � sure that the property can be used for one of the perntitted or conditional uses in the �resent land � use zoneo He noted that through the means of a ! planned residential development, the land owner would be able to transfer credits from that area � in the marsh that has already been filled to allow for additional development on the dry � available portions of the property. This way he would be able to have the reasonable and economical � use of the propertyo P�tayor Searles asked if ' there was anyone present concerning tZre Eisinger and noted that I�4r. Schieffer, the attorney for � r1r, Eisinger was present, r�Iro Schieffer stated "what is the question, are you approving or .r denying an application for a variance of Ordinance No, 125, the wetlands ordinance?" He noted that � it is apparent that the City also sees this as a rezoning or land use q��estion too, He stated � that the applicant has been before the City in • the past with an application for a variance from the wetlands ordinanceo Ordinance No, 125. He � noted that the applicant has received a permit rora the PCA. He asked that the City Attorney ddress himself to the question of whether or not this is just a variance from the caetland ordinance � or whether or not there is a neea for variance from the zoning code itself concerning the permitted or � conditional uses in the residential ar•�a. � (Continued) � � ORONO COUNC IL PJIEETIIJG IIELD NOVEPTIIER 2 4, 19 75 Page 6 � The City Attorney stated th�t a commercial use EISTNGER LANDFILL of the property as a sanitary landfill is not a (Continued) permitted or conditional use in this residential zone, Therefore, there would be a need to � amend the zoning code to allow for this sort of commercial use in a residential district such � as this, He noted that under the T•Tinnesota Statute concerning zoning, that the Council � could not even grant the variance to allow the applicant to use the property as a sanitary � landfill; the City cannot grant a variance to • allow a use in a use district that is not already a permitted or conditional use. In this case, � it is clear from examination of the ordinance, that a commercial sanitary landfill is not a � permitted or conditional use in this districto Therefore, the City Council must address itself • to the need for a variance from Ordinance Noe 125, the wetlands ordinance, and an amendment to the � zoning code itself to allow for this sort of use in a residential zone, � �Zre Schieffer stated that he believed that the property was zoned for agricultural in 1958 � and that that zone permitted a landfill by a special use permito He thought that such a special use permit had been granted in 1958 and � that applicant had operated under that special use permit until 196II, At that time, the property � was rezoned in such a manner as to eliminate commercial landfills from that residential zone, � The applicant was told by the City at that time that if he wished to continue the commercial • operation in .a residential zone, that he must • apply for a non-conforming use - conditional use permita He believed that at that time the applicant � applied for a conditional use permit to continue as a non-conforming use and that the City granted � such a permito He noted that thereafter the operator of the landfill and the present land- � owner terminated the operation of the landfill and sometime thereafter made the present � anplication for a variance from the wetlands ordinance, 1�layor Searles read from Mr. Sunde' s report filed by the applicant previously concerning the ` application and reviewed the charts submitted therein which set forth the clear commercial use � of the property as a sanitary landfill, F�r, • Shieffer stated that he had nothing further to say concerning the matter. Councilmember � 1�lassengale noted that the �aetlands ordinance, Ordinance No. 125, states that it shall be in � the public inter�st before a variance can be grantedo � (Continued) � � ORONO COUNCIL MEETING HELD NOVEP2BER 24, 1975 Page 7 � He noted that there is a need to protect the EISINGER LANDFILL wetlands and the marsh retention areas from (Continued) pollution and from development into that marsh- land, It is clear to him that there is a potential danger to the watershed by allowing the use of this property located in the marsh as a sanitary landfillo � The City Attorney noted that,assuming that I�ire Shieffer was correct,that this property was zoned in 1958 in such a manner as to allo�a a conditional use permit for a sanitary landfill and assuming that in 1968, or sometime thereabout, that the zoning ordinance was amended to preclude � this sort of use in the residential zone and that the property owner thereafter obtained a � conditional use to operate as a non-conforming � usee It is clear that the property owner lost any rights he had to operate as a non-conforming � use when he terminated operations in approximately 1970 or 1971, The zoning ordinance provides, � and always has provided,that at anytime the applicant terminates the operation of a non- conforming use for a period of six months or a year, that that applicant loses any rights to continue as a non-conforming use. rloreover, the attorney noted that even if he had not lost his rights to the nonconforming use, the definition of non-conforming use in the zoning code, and that definition is one that has been passed upon � by the Supreme Court on numerous occasions, states that the operator of a business which is a non- � conforming use may not extend the operation beyond � its present limits after the time that the land use has become a non-conforming use, In this � case, the applicant is trying to extend his operation beyond that which was present at the � time of his voluntary cessation of business and at time that property became a non-conforming use. � Therefore, the City Council has two questions in this mattera The first question concerns whether or not there are grounds to grant a variance from Ordinance No, 125, the wetlands ordinance. The second question is whether or .� not the City Council wishes to amend the zoning code to allow for a commercial use of this sort � in a residential zone. Councilmember Welsh noted that based upon the staff reports and the � recommendation of the Planning Commission and his own knowledge concerning this matter, that he would move to deny the application by iTr, Eisinger insomuch as he had not demonstrated �that it would be in the public interest but in fact just the opposite if the variance were granted. • (Continued� ORONO COUNCIL r�7EET2NG HELD NOVEP�ZBER 24, 1975 Page 8 ��ioreover, the requested use is not a permitted EISINGER LANDFILL or conditional use in that use district. There (Continued) followed a general discussion concerning the motion and the recommended resolution of the Planning Commissiono Councilmember ?Velsh amended his motion to note that in effect he � wanted to adopt the resolution as recommended by the Planning Commission and that said resolution should incorporate all the various findings that were set forth in that resolution, which findings were supported by the staff reports and by the review of the application and the proposed site by the Planning Commission and Council, ciayor Searles noted the fact that the use district provides for a commercial landfill in the � residential district is certainly relevant and the record supports the fact that there are other permitted and conditional uses that are reasonable for the use of that property, and that a commercial use in that area would not be acceptable because of the adverse effect on � the health, safety and welfare of the citizens of Orono. T�Zr, P�Tuhich, at T�Zayor Searle°s request, read � the resolution of the Planning Commission to the Councilmemberse T�ayor Searles asked if Mro Shieffer wished to make any comments and he declined ta do so, t [�Jelsh moved, Butler seconded, that the Council � adopt the resoiution as recommended by the Planning Commission subject to review by the � City Attorney to be submitted for final Council : approval at the Decemher 8, 1975 meeting. i�2otion, Ayes (5) - ilays (0) . � Henry 2tiuhich, Building & Zoning Administrator, CONDITIONAL USE PERMIT stated that the I>linnetonka Art Center, 2240 2240 North Shore Dri���� S North Shore Drive, is requesting a conditional use permit to use both buildings for educational ' purposeso They are planning to renovate the Old Hill School to provide additional space for this pro�ram. They have submitted a letter � along with- a site plan showing access and parking (including future parl�ing areas) . ; - They are also requesting approval of serving �food to members, staff and students and agree o�ith the provision there would be no outside display or advertising of the food service facilitiese (Continued) � � , ORONO COUNCIL rZEETING HELD NOVEP•1BER 24� 1975 Page 9 Betty Chandler, representing the T-linnetonka Art CONDITIONAL USE PEP,P�IIT Center, stated that the present plans are to 2240 North Shore Drive rennovate the interior and restore the exterior. Butler moved, Searles seconded, to approve the conditional use permit for the Tiinnetonka + Art Center, 2240 North Shore Dirve, conditioned that advertising or outside display of food service not be allowed. Motion, Ayes (5) - Nays (0) , Henry P�Zuhich, Building & Zoning Administrator, ULMER CONSTRUCTION CO, stated that Ulmer Construction Company, 70- Status Report 130-190 Willow Drive, presented a proposal to subdivide the old Bechtel property into three parcels, all exceeding the minimum lo� requirements to two acres (87,120 sq. fte ) and 200 ° lot width. There doesn't appear to be a problem here as all proposed parcels conform �,aith the requirements in this RR-1B zone. Mr. Muhich recommended a public hearing be held on the matterg howevero as this property was brought up extensively during our recent heariags on the sewer assessments. The developer was informed several months ago that this property was not located in the sewer zoned area. Final approval would be subject to receipt of 10� Park Dedication Fee, A public hearing for the proposed subdivision was scheduled for November 3, 1975, for preliminary approval only, The total area of the property to be subdivided consists of 6,33 acres of which one acre has been determined as marshlands. His original ! subdivision proposal was for three equal parcels of approximately two acres each� 6dhen we learned the property included a marsh area ' which cannot be computed as buildable area in a subdivisian, it was suggested that r�r. Ulmer submit a revised proposal excluding the marsh area. s The enclosed plans consist of three parcels. Lot 1 of 1, 73 acres and Lot 3 of 1. 85 acres and Lot 2 of 2. 75 acres, one acre of which is marsh land with a remainder of 1. 75 acres of dry buildable land, At the public hearing on the U1mer Construction Company subdivision, several of the public felt that the wetlanc�s area was greater than �reported - one even believing that a creek ran through the property. The Planning Commission continued the gublic hearinc� until November 18th to allow for Commission members , and the public to view the site. The Village Engineer was directed to submit a report of the wetland status at the site. In....i�.,....,a� OROt10 COUNCIL AZEETING HELD NOVETZBER 2�, 1975 Page 10 November 18, 1975, the public hearing continued ULNIER COr15TRUCTI�N C0. from the previous meetinge The Village (Continued) �ngineer confirmed the wetlands area at a total of one acre. However, the Engineer' s findings showed that the survey presented by the petitioner s included the road right-of-way in computing the total buildable area. This reduced the buildable area of the proposed 1. 73 acre lot to 1.47 acres, t the 1085 acre lot to 1,57 acres and the 2075 acre track to 2. 32 with the_one acre �aetland area included, Previous concern as to a creek running through the tract was unfoundedo The Planning Commission would not recommend to � the Council approval of the Ulmer Construction = Company subdivision as it was presently proposed but would table the petition until the applicant could present an alternate plan showing only two lots as the entire parcel consists of only 4. 36 dry buildable area in a two acre zoned distric�t. Henry T��luhich, Building & Zoning Administrator, VARIANCE � stated. that Carol Ann Bialon, 3329 Crystal 3329 Crystal Bay Road Bay Road, construction of an added deck was suspended by the Building Inspector for failure to obtain a building permit> Further investigation discl sed the addition did not comply with the minimum lakeshore setback requirement of 75 ' , T�irso Bialon was informed of the required variance and building permit and has since filed the � t enclosed application�•of a variance of 14 ° from the required lakeshore setbacke � Although the existing dwelling is only 58 ' from the shoreline and the deck is to be of the open , slat type, I believe a variance should be r_equired so we can stipulate approved types of construction only and also instruct the applicant that any future changes into a solid deck or t roof cover would be prohibited. A survey would have to be submitted by the applicant to confirm all dimensions before a building permit would be issuedo November 14, 1975 memo The Building Inspector informed me the deck was completed when he discovered the addition for � which P�Zrse Bialon is now requesting a variance, She obtained a building permit for the work being done on the building November 4, 1975. (Continued) � � . a ORONO COUNCIL A'IEETING HELD TQOVEMBER ?.4, 1975 Page 11 • Planning Commission Recommendation - November 18, 1975 � The Planning Commission recommended to the Council VARIANCE � approval of the lakeshore setback variance 3329 Crystal Bay Road application but approval c��as on condition tY�at (Continued) �+ the deck be of an open type construction and that no covering be put upon it. • . Paurus moved, Welsh seconded, the variance for Carol Ann Bialon, 3329 Cyrstal Bay Road, be + approved, conditioned on the deck be of an open tyge construction and that no covering be put � upon ito P�Iotion, Ayes (5) - Nays (0) . � In regard to the lot width and area variance VARIANCE � ior Darrell Stewart, 3175 North Shore Drive, 3175 North Shore Drive ` Henry Muhich, Building & Zoning Administrator, stated that a similar variance from lot area and � width requirement was requested by Fred Rogers in October 1974. The Planning Commission � recommended denial on October 15, 1974. Before Council had the opportunity to make a determination, � T�ir. Rogers requested the item be removed from + the agendao � i�ir. Stewart is now interested in purchasing � this parcel to combine with his adjacent property at 3175 North Shore Drive. Both existing individual parcels are substandard. � i•ir. Stewart is requesting this consideration to � determine the parcel unbuildable with a waiver • of the unit charge on the recent sewer assessment to make this purchase economically feasible. a I informed him that none of the lateral charge could be waived and there would be a possibility � that 100� of the unit charge might not be waived due to costs involved in ser_vicing • individual parcels. � lhe total sewer assessment on Tract G (Parcel � 7000) is $5,689v05. The unit charge is $3, 859,05 and the lateral charge is $1, 830000. • Butler moved, tJelsh seconded, to table the � request until December 8, 1975, when further information and recommendations will be presented � by the City Administrator. P�Sotion, Ayes (5) - • iJays (0) . � In regard to the variance request for AZaurice VARIANCE � T��IcCaffrey, 1065 6��est Ferndale Road, Henry I�Zuhicho 1065 West Ferndale Building & Zoning Administrator, stated that Mre � T�ZcCaffrey is requesting the approval to remove one cottonwood tree approximately 2 ° in diameter � from along the shorelineo � (Continued) � � � ORONO COUNCIL MEETING HELD NOVEl�lBER 24, 1975 Page 12 � This tree is leaning toward the lake and Pdr. VARIANCE iuicCaffrey is afraid a high wind might ti�p it 1065 t�Test Ferndale � over uprooting some of the other newer plantings (Continued) � �n the area. Since purchasing the property three years ago, he has planted about 400 various � trees and shrubs on the site. � The Planning Commission recommended to the Council '�hat the variance application to remove �ne • tree within 75' of the lakeshore be approved as submitted as the applicant has added many M additional plantings since purchasing the property. � Paurus moved, Welsh seconded, to approve the � variance request for I�laurice T�ZcCaffrey, 1065 G��lest Ferndale Road, conditioned on the removal • �f only one tree within 75 ' of the lakeshore. T�Totion, Ayes (5) - Nays (0) . • � In regard to the street and sideyard setback VARIANCE � va.riance for Earl Norwood, 1360 Vine Place, 1360 Vine Place Henry A4uhich, Building & Zoning Administrator, � ^tated in June, 1975, Mre Norwood applied for �_ permit to move his existing garage to provide � '-he location for a new garage. On review, we found the parcel on which he was proposing to � �auild was a lot without a main structure and ,� separate from the lot on which his home was :�tandinga He owns: the four adjoining parcels � (4. 450, 4825, 4778 and 4755) . I explained to him that our code did not permit the construction • of an accessory building without a main structure. � also explained the current substandard • status of the four adjoining parcels and � suggested he combine them to provide the necessary main structure. i ? reviewed the matter with the Hennepin County � Tax Department and learned these parcels could not be combined unless the tax status on all • parcels were equal. Currently, one parcel is �ax delinquent from 1974 and three parcels • are delinquent since 1971. I informed Pir. � Norwood af this requirement. � :"'ze proposed location of the garage would require two variances regardless of the � combination, however, the location as proposed is 5' from the side lot line and 5 ' from the • street lot line. Two variances of 5 ' and 30 ' • _-espectively would be necessary. tro Nortaood has not combined the lots as yet �ut has agreed to pay up the delinquent taxes � �nd combi.ne the properties providing these -��riances are approvede The approval should � (Continued) • � . � ORONO COUNCIL MEETING HELD NOV�MBER 24 , 1975 Page 13 � be on the condition that these four parcels VARIANCE are cornbined and no building permit would be 1360 Vine Place � issued until such time that they are combined. (Continued) � The Planning Commission recomm�ended to the Council that the variance request be granted � clue to the shape and topography of the location but only on the condition that the delinquent • taxes be paid and that all four lots be combined with the homesite. � ` i�lassengale moved, Butler seconded, to approve the variance request for Earl Ilorwood, 1360 � Vine Place, as per �he Planning Commission recommendations. TYlotion, Ayes (5) - Nays (0) . � ! Henry I•Zuhich, Building & Zoning Administrator, VAN DALE, INC. stated that Van Dale P�tanufacturing Company is 2725 �aayzata Boulevard * a.gain requesting approval of an addition to � the existing structure at 2725 Wayzata Boulevard, The proposed addition is to be 150 ' Y 250 ° . ` A smiliar request for a 200 ° X 250 ° addition was � approved by Council on July 23, 1974. Shortly after obtaining approval the firm withdrew • their request for a building permit and the �ermit fees and SAC charges were refunded � l.ate in 1974, The new proposal included the � sante site improvements as the previous proposal. Driveways, parking areas and landscaping will be � �.dded, Proposed setbacks do conform to the code, 'lhe original proposal was approved July 23, 1974, � subject to the following conditionsa � 1, Structure shall conform to new zoning, � �. The Engineer shall review and submit a drainage report. � 3, The landscaping plan shall be approved and accompanied by a bonda � Also stiuplated on the previous permit was the • requirement of a 24" culvert under the ramp connecting the tcvo buildings and a 12" culvert � L�nder the driveway entranceo • li1P_ Planning Commission recommended to the Council r approva l o f the site and building plan provided that on review of the plan, the metal wall surfaces � comply with code, that all landscaping be included and that the Village Engineer approve � o�= the drainage, �utler movea, Laelsh seconded, to approve the � request fvr a building plan for Van Dale, Inca , 2725 �Jayzata Boulevard, as per the Planning � Commission recommendations. Plotion, Ayes (5) - ` i�;ay s (0) , � � ORONO COUNCIL I,ZEETI�TG HELD NOVEIIBER 24, 1975 Page 14 i Henry Muhich, Building & Zoning Administrator, VARIANCE & CONDITIONAL stated that although not scheduled to be on USE PERP�7IT �the agenda until a later date, John Allenburg, 865 Partenwood 865 Partenwood, presented his request to rem�••ve � three or more trees and grade within 75 ° of � the shorelineo He noted that presently the area at his tract was not actual ground but � composed chiefly of dredgings from channel areas over the years. He did not want to change the � elevation of the site but wanted to fill holes to level with the natural ground on the r�axwell � Bay side of the property where he said erosion + was very substantial, He stated that the eastern contour would be left as ise Concerning � the trees to be taken out, he was presently only aware of three bu� due to the numerous i amount at the site, he had not had time to make close inspection of them and possibly moY'� � would have to be removed, The applicant was � informed that no recommendation could be made regarding his rip rap proposal until more ,� complete plans and data were submitteda � The Planning Commission recommended to the Council that the removal of trees be allowed and that due • to the land being chiefly composed of lake dredgings, T�2ro Allenburg be given permission to � fill in depressions to the natural ground level �but not to change any grade of the land and that all the above work be subject to the ,� approval and discretion of the Zoning Administrator and Village Engineero s Butler moved, �nlelsh seconded, to table the matter • until a sketch and landscape plans are availableo • P�Iotion, Ayes (5) - Nays {0) . � N1r. Louis Oberhauser representing Y�•Zre Nafstad, HERRICK CIRCLE � Herrick Circle Developmento presented plans and specifications for constructing sewers to � accommodate the property and also plans showing new locations and size of lots to be platted, � Nlayor Searles requested Plro Oberhauser to present ` the plans and proposed platted development to staff for Planning Commission review since the � proposed plans and plat have conceptual approval only and since there is a reguirement to amend � Orono' s Comprehensive Plan to show one acre land use in this area. Secondly, an agreement has to • be reached incorporating necessary legal documents concerning construction of buildings and sanitary � sewers. This matter was tabled until the attorney �for the applicant has drafted and presented necessary documentation of the above items, � � � ORG�IO COUNCIL NIEETING HELD NOVEMBER ,$4, 1975 Page 15 W�J.sh moved, Massengale secc��.ded, that RESOLUTION #k648 R�solution #�648 reguiring removal vrithin 90 1080 V�ildhurst Trail days of an existing accessory building on the r;:�operty of Grady �ieff, 1080 Wildhurst r�'rail, k�c: �.do�sted. I�Iotion, Ayes (5) - Na��s (0) . classenctale moved, 4J�lsh seconded, to Yeruest T1�ANSPORTATION LETiET: st:aff to send a let�er to Mr, Craig Spencer s-� '- � �� that e �.,a�:� `'VJe ar� pleased to get an opportunity to comment upon �he ten�tative transportation r.lap proposal �'� ) C fc�� possi'-'.e Hennepin County Lake r�innetonka � /J Comm�ttee decision. �'�e propcsed designation of ;�15 and #19 as arterials is, in fact, at variance ��� � urii�h Orono°s Comprehensive Plai� �.nd also with much oi the committee findings, [�Ie kno�a you understand o��� concerns in this matter and ou� desire for Q/��-- �he designation of County Road �k15 as a scenic �L pa:�k�aaye This letter is for the purpose of calling �� �.�t�nLion to the fact that t�:� pr.opo�ed map does � .,���_ �.gree in many aspects with Orono' s transportation �j� ne�d�, stGndards or wi-�h our p�"10� �cnvers�:'�ions y� ��C� _��ardirg t�e scenic parkway concepto Councilm.an Pau.rus has kept us infc�_m�d regarding �r� comm=_ttee work and its concep�u�l endorsement <,-�� the Rir.g Route concepte We �aould hope that the fi..n�:l r�:�ult wi_ll reflect this concEp-� in road �_m��r�����rn�n� projects and we a.�auj_t your written r�o:�iirrnation of these concepts o " Councilman Paurus left the meet?_ng at 9e50 PoA7, i?.�v�t- :?ear?�s stated that Orono' s land use policies A�ETROPOLITAN COUNCIL �,.�_;T� .��eii approved by the T��Zetro Coa:zcil and LETTER adcpLed by the Planning Commission and the City �f_ 0:��.zoe t�Te do need assurances that the i�4::c.rono�itan Council and other ag�ncies will aci���r� to th.e adopted guidelines. �ett�r to �o'r.n Boland, Chairman Metropolitan Council "T�i�.ny thanks for affording us the opportunity to c-���,izange views at the meeting r?over�b�r 19th. A �:�_�cct round-table discussion does much to clarify �sslzes of the Pletro and municipal ecnc�rno �he OYono Council has 2�'�ed me to reconfirm our �;.sc�lssion regarding the Dev�lopment Plan and the �.�,;?��r cevelcpment limits as sho��;n on thP Plan l�iapa (Continued) � - � ' ORONO COUNCIL MEETING HELD NOVEMBER 24, 1975 Page 16 � "As you stated at our meeting, the line dividing METR OPOLITAN COUNCIL urban from rural development is a generalized LETTER (Continued) • line, not intended as an actual geographical ' boundarye Orono is depending on your policy which makes the municipalities responsible for � the detailed mapping of use zones, particularly as regards the separation of rural from urban � service areas, • This assurance by the r�etro Council and Orono's � reliance upon this principle constitute a basic element in aur planning and zoning decisions. � This is a particularly important factor in Orono where we have such a variety of "border" decisions, � based not only on P�etro service levels, but also on the great variety of municipal factors which � Orono must be concerned with, In particular are the environmental protection factors which affect � land use in Orono as it relates to storm water � runoff pollution, Lake I•Tinnetonka, and density of urbanizationo � Thanks again for meeting with us and detailing � I�letro policy in this urban-rural land use mattero " � � P�layor Searles announced that a special meeting of G^�EST HENNEPIN ASSESSi<IENT the West Hennepin Assessment District will be held DISTRICT MEETING � Wednesday, November 26, 1975 at 4000 P.P�i. in the Council Chambers to discuss market value increases � for the forthcoming year. • Butler moved, Welsh secunded, that the Revenue REVENUE & EXPENDITURE • and . Expenditu�e Re�o�t for October, be approved, REPORT - October � I�Zotion, Ayes (4) - Nays (0) o � The ice arena request was deferred until a later IC� ARENA � date due to the fact Mro Nelson was not presente r The Public Works relocation item was deferred PUIILSC G�ORKS RELOCATION � until the meeting of December 8, 1975. • � r7ayor SearTes announced that a joint meeting with JOINT i�iEETING ttie Planning Commission, Park Commission, and December 10, 1975 � IIuman Rights Commission will be held Wednesday, llecember 10, 1975 at 7030 P.t�7. in the Council • Chambers to discuss and review the rnulti- � dwelling zoning ordinance, park dedication fees, and topographies for plattin_q. � � �. � � � ORONO COUNCIL IZEETING HELD NOVEMBER 24, 1975 Page 17 � 1�Iayor Searles stated that the PRinnesota 6^�aste METRO WASTE CONTROL Control Commission have announced a public LETTER � hearing to be held December 4, 1975, 3a00 P.ri. � at the Freshwater Biologic�l Institute concerning the environmental impact on the City of Orono � in constructing the Orono-Long Lake interceptor sewer, Staff has recommended that a continuance � of the public hearing be required to allow sufficient time for review of documents. � Butler moved, P�tassengale seconded, to instruct � the staff to draft a letter to the Minnesota • Waste Control Commission stating thata � ihe City Council of the City of Orono at its November 24, 1975 meeting reviewed your letter � dated November 12, 1975, concerning the public hearing to be held by the 1�IWCC at 3 s 00 P,rz, on • December 4, 1975, at the Freshwater Biological • Instituteo The City Council reviewed your 3.etter and the environmental assessment statement that � had been just delivered to the City and has the following concerns about the proposed interceptore r 1. The City of Orono first learned of and first r received the environmental assessment on this project last weeko The City has requested � several of the assessment copies from your office �but those copies have not arrived to enable the City Council and Planning Commission to review � the assessmento This assessment is lengthy and technical in nature and there is no possible way + for a meaningful review and subsequent input by the City staff, Council and Planning Commissiono • Obviously, such a complete review is mandatory t since the proposed interceptor will have a major impact on the City of Orono and its inhabitants. � I��oreover, I am sure that the P1�aCC would appreciate th� review and input of the local subdivision and � its elected representatives. � 2e The environmental assessment is currently incomplete in that it does not address itself � adequately to the effect of the storm water � runoff problems, the transportation problems and other planning problems which would be created by � an increased urban development in the area where the interceptor will be installed. A more detailed � review of this environmental assessment may result in additional inquiries concerning other sub- _ stantive areas of the assessmento � 3e There have been several questions raised �concerning the easements granted by private persons to the P��1CC for this interceptor and the purported � grant of rights by the I��VCC to private property owners allowing the �onnection of private homes and multiple dwellings in some cases to the proposed interceptor, Please review our letters sent to the � (Continued) �. � OROIdO COUIJCIL id1EETING HELD NOVEI�IBER 2 '� , 1975 Page 18 � PCA, a copy of which was mailed to you on August 5, PZETRO WASTE CONTROL 1975. The possibility of the granting of such LETTER (Continued) yeasements are of major concern to the City of ,, Orono. The status of these easements must be reviewed and the questions related thereto must � be answerede • 4, The City Council reviewed the conceptual plan for this interceptor previously and ackno�,aledged � the need fox� su�h ��i in�erceptor to remove the � effluen� th�t is presently being discharged into Lake T>Iinnetonk�. �'Yti� City of Orono, however, ` has not seen the a��ual plalns fbr the �nterceptor including the actual construction plans of the � interceptor and those steps which will be taken during the construction to satisfy the requirements � of our wetlands ordinance, Ordinance Noo 125, a • copy of which we enclose herein for your use, Any project c:t this size will have to provide � measures to preserve the delicate ecological balance in this area of the city< � 5o An additional problem involves the possibility � of substantial infiltration of water inY:o the proposed interceptor from the marshes ard wetlands through which you propose to construct the interceptora The City Council does not feel that the residents of Orono should be charged for the � infiltration of that water into the line and that something must be done to eliminate the possibility � of such infiltration or else to credit the City of Orono and its residents for any cha�ges which r would otherwise be assessed against the city for . the amount of infiltration that occurs. � 6e Subsequent to the City°s initial conceptual review and conceptual approval of this interceptor, � the city has adopted a. comprehensive land use plan, has rezoned certain areas adjacent to the proposed * interceptor and has adopted or will ac?opt other + land use policies, which will necessitate a thorough review of the desirability of establishing the � interceptor in this exact locatione � Because of the above concerns and others not enumerated herein, the City Council asked that the � public hearing be postponed or at least continued for sixty days so that our staff and your staff � can answer these and other questions that have + been raised concerning the proposed in.terce�tor and so that the Planning Commission and Council of � Orono can perform their necessary reviEw to protect �he health, safety and welfare af the citizens of rono, " � � � \ � ORONO COUNCIL MEETING HELD NOVENiBER 24, 1975 Page 19 � Butler moved, 6�elsh seconded, to draft a letter WATER PATROL LETTER to the Hennepin County Sheriff, stating thate �'lotion, Ayes (4) - Nays (0) � � "Orono is very concerned about the reported � budget cut for the Ulater Patrol on Lake Minnetonka. Orono has in its boundaries a substantial amount � of shoreline, This involves protection of life i in water related accidents and the provision of emergency medical services, not only for Orono � residents but also for thousands of Hennepin County residents who use the county lake access � and marinaso � This public safety service cannot be curtailed on such short notice, If, in fact, Hennepin � County determines that public safety measures . on Lake Nlinnetonka are not a county matter, then sufficient advance notice must be given the surrounding municipalities in order to adequately p�ovide alternate serviceo I do not need to remind you that the Water Patrol _ regulates lake traffic, enforces State and Lake T�Iinnetonka Conservation District laws, provides emergency fire fighting services on the water, handles winter emergencies on the ice, and is a asic adjunct to lake area law enforcemento In ddition, only the county has, by statute, the �bility to collect monies to fund such an operation � as the Water Patrol. � In view of the public safety aspect of this matter, � am asking you to inform me at the very earliest � a.ate how it will be resolved. Ulithout advance � runding, planning, staffing and proper equipment, we will be hard put to provide lake oriented � �olice servicee You can understand our concern with adequately providing so basic a governmental � function, ° � Butler moved, Welsh seconded, to direct staff FEDERAL HOUSING � to submit a letter to Federal Housing and Urban � Development citing descrepancies and lack of detail in the revised flood plain maps and to � request detailed base maps in evaluating flood plain areas. P�totion, Ayes (4) - Nays (0) . - P-Zayor Searles announced that there will be a PUBLIC HEARING . public hearing on the proposed Orono-Long Lake Interceptor �terceptor at 3:00 P.BZ. December 4, 1975 at the Long Lake-Orono eshwater Biological Institute. � �� � ` OROiJO CGUNCIL MEETING HELD NOVEMBER 24, 1975 Page 20 � Welsh moved, Butler seconded, to approve the INSURANCE SPECIFICATIONS insurance specifications and order an BID OPENING DATE �dvertisement for bids to be opened Wednesday, S ecemb�r 17, 1975 at 10:00 A. M. Motion, Ayes (4) - Nays (0) . • BTassengale moved, Butler seconded, to employ EMPLOYMENT - Police Gregory John wagman, 35 Hackbe=ry Hill, as a Gregory J. Wagman part-time policeman at a starting salary of � $3,50 per hour with a six month review. Niotion, Ayes (4) - Nays (0) . � � Massengale moved, Butler seconded, that the TRADE LICENSES following licenses, be approved: Motion, � Ayes (4) - Nays (0) . � Raymond E< Haeg Plumbing, Inc. - Plumber & Sewage � Di.Sp��su.l Hopkins Plumbing & Heating Company - Plumber & Sewer Hookup Norman & Smith Company, Inc. - Plumber & Sewer �:ockup Don Stoc�ol.a taell Drilling Company, Inc. - Well D�ille-r � ` .�elsh moJed, Butler seconded, that the All Funds BILLS Accot�nts 1574 through 1616, 1617 through 1648, 19165 t.r��o,�:�h 19174, and Liquor Store Accourits 11�00 thrcugh 11006, be paid. Motion, Ayes (4) - • Nays (0) , , Butle� m�ved, rlassengale seconded, that the ADJOURNr�IENT meeting be adjourned at 11:15 P.M. Pdotion, w Ayes (4) - Pdays (0) . • i ) � � f; 1 �� w Robert L. Searles, Mayor Att�•ai.g �� \ — - ��J�a�t�r R. Bens n, Clerk-Administrator �