Loading...
HomeMy WebLinkAbout10-11-1977 Council Minutes � � ' ' CITY OF OROtdO � Regular Meeting of the Orono Council, 7:00 P.M. October 11, 1977 �The Orono Council met on the above date with � the following members present: P4ayor Van Nest, • Councilmembers Butler and Pesek. Councilr.�ember D'Iassengale arrived at 10: 40 P.P4. Absent: Council- ` member Paurus. Also present: City Administrator Benson, Assistant Building & Zoning Administrator + Olson, and City Attorney D�alkerson. � • Butler moved, r'Iayor Van Nest seconded, that the rslravTFs Minutes of the Regular P•4eeting of September 12, September 12, 1977 � 1977, be approved as amended. Motion, Ayes (3) - Nays (0) . r f t�tayor Van Nest presented the American Automobile AAA AWARD Association Safety Award to Chief tdelvin Kilbo ' in recognition of ten years without a recorded � pedestrian death. Piayor Van Nest thanked P4r. �:ilbo for a job well done. • � � No corunents from the Park Commission. PARK COP2►�4ISSION w No comments from the Human Rights Commission. HUI�7Ari RIGHTS COMMISSION � No comments from the Lake Minnetonka Conservation LPZCD � District representative. � tJo corunents from the Planning Commission. PLANNIN� COP�iMISSION � I�ir. Alan Olson, Assistant Building & Zoning SUBDIVISION � Adriinistrator, entered into the record the 1060 Tonkawa Road • following information concerning the subdivision #170 � for Ton Ryan, 1960 Tonkawa Road, dated October 4, Tom Ryan � 1976, which states: r4r. Ryan, l�ir. Carney, and P�Ir. G. Johnson presented the proposal at the Planning Comr.►ission meeting � of October 4, 1976. After a lengthy discussion, the Planning Comriission recommended denial of � proposed subdivision as applicant could not • der�onstrate a hardship to justify a substandard lot (width) . Planning Commission then tabled the proposal for two weeks to give applicant tine to submit revised proposal �that would meet � zoning requirements. • (Continued) � � � � i • REt;ULA� MEETING OF TIiE ORONO COUNCIL, OCTOBER 11, 1977 Page 2 � Planning Commission Meeting - October 18, 1976 SUBDIVISION 1060 Tonkawa Road � r�r. Ryan resubmitted the original subdivision (Continued) proposal after having the Comi*iission meMbers • visit the site again. Some members felt that � the lot lines could be arranged to meet the lot width requirenent at the building line, while � others felt that this would amount to gerrymandering without affecting the actual buildability or � density of the site. The Planning Commission � recortrmended approval of the preliminary plat � with a lot width variance subject to payment • of a Park dedicaiton fee, to County approval of any new access road to the south parcel, and � to retention of the ponding area on the south lot. � Council l4eeting - October 25, 1976 • Approved preliminary plat subject to Planning Commission conditions. � Staff - September 23, 1977 � Applicant has submitted nylar and hardshells � for final plat approval. Enclosed are copies of reports and minutes of the Planning • Coru:�ission and Council meeting approving the • prelirainary. Also enclosed is a preliminary resolution draft approving subdivision. Check � the draft for any additions or modifications. � Planning Commission Meeting - October 3, 1977 � Thomas Ryan and his attorney, Doug Carney, were present. Commission reviewed final plat which e is the same as preliminary approval approximately • one year ago. Recommended approval of final plat subject to the resolution as drafted. i4arket value � of land: $36, 000 � l0o park fee = $3, 600. 1�Iaximum fee $1, 000/lot = $2, 000. Council P�eeting - October 11, 1977 � Mr. Doug Carney and Pdr. Tom Ryan were present to • discuss the proposed subdivision. � City Attorney Bruce Malkerson stated that: � It has come to my attention while reviewing the � statutes that when the cities are subdividing property upon which there is a prior assessment, � that we should make sure we follow the procedure �set for�h in isinnesota Statutes 429. 071, Subd. 3. • (Continued) � • r � RLGULAF� PIEETING OF THE OROP70 COUNCIL, OCTOBF.R 11, 1977 Page 3 � We must give the pro�erty owners 30 days notice SUBDIVISION � as to the apportionment from which the owner may 1060 Tonkawa Road � appeal. Therefore, I suggest that during the (Continued) platting process, and that we codify this in � the platting ordinance, we decide prior to the C approval of the final plat how the assessments will be apportioned and send notice to all property � owners involved and give them the 30-day time period in which to appeal, but do not approve fr the final plat until after that 30-day time period has expired; or that we approve the plats as r always, allow them the 30 days, but provide for ' a bond to be forfeited immediately if any of the property owners appear during that 30-day time �, period. That may be the simpler approach to the handling of these assessr,ients. Even if we do not � provide for a bond that will be forfeited if they appeal �vithin that 30-day period, we should include � in any of our bonds an amount sufficient to cov�r the assessments if we feel that the apportionment � of the assessments in some way will endanger • the assessment on the property so apportioned or on the remaining assessment for the remaining � property. � It was noted that this property is included as one of the 73-1 apnellants and that this sub- division would not be possible if public sewer • were not available. � Pesek moved, Butler seconded, to adopt Resolution RESOLUTION #837 �837, A Resolution Approving Ryanwood, subject to Ryanwood � 30-day waiting period in lieu of waiver or bond. 1060 Tonkawa Road P�otion, Ayes (3) - Nays (0) . • � DZr. Alan Olson, Assistant Building & Zoning SUBDIVISION Admininstrator, entered into the record the 360 North Arm Lane � following infornation concerning the subdivision #258 � request of Engner Johnson, 360 North Arm Lane, Engner Johnson dated September 9, 1977, which states: � Received record plat drawings and on-site soil � testing report. Al1 changes required by pre- liminary approval have been made on the final. + A title opinion is being delivered to the attorney. � Final approval should be contingent upon title approval and the conditions listed in the resolution. � Planning Commission PSeeting - September 19, 1977 ` Recommended approval. Change resolution so that � Lot 1 will have no easerlent granted to the channel. � (Continued) • � • r � RE�ULAR P'IEETING OF THE ORONO COUNCIL, OCTOBER 11, 1977 Page 4 � Council i•4eeting - October 11, 1977 RESOLUTION #838 North Arm Estates �Butler moved, Pesek seconded, to adopt Resolution Fourth Addition • #II38, A Resolution Approving North Arm Estates 360 North Arm Lane Fourth Addition. Pdotion, Ayes (3) - Nays (0) . (Continued) `� � Mr. Alan Olson, Assistant Building & Zoning SUBDIVISION Administrator, entered into the record the 1200 Old Crystal Bay Roa ` following information concerning the subdivision #261 request of 315 East Grant Corporation, 1200 Old 315 East Grant Corp. � Crystal Bay Road, dated September 12, 1977, • which states: � Tlie City Council rioved and approved reconsideration of conditions required as part of preliminary plat � approval on June 13, 1977. Considered new informa- tion regarding the French Lake Project and determined • that access easements were not required at this • time. Considered applicant' s letter of August 23, 1977, requesting temporary waiving of sewer unit � charges, but declined decision until time of final plat submission. 2ioved and approved prelirlinary � plat approval subject to the following conditions: � l. PRoving of the dividing line between Tracts B & C. 2. Removal of the building remains on Tract B prior � to final plat. • 3. County access approval to Tract B. 4. No new access points to Tracts A or C. ` 5. Payment of a park dedicaiton fee (min. 3 lots = $750) . 6. Conservation easement over rnarsh and wetlands. � 7. Construction on Tract B shall be connected to the municipal sewer and payment shall be made of one � additional sewer unit charge at the current rate of $3, 859.05. Time of payment to be determined • at time of final plat submission. ! 8. Provision of an easement for construction of the dan structure within the County right of way. � Staff - September 26, 1977 • This preliminary plat was approved by Council subject � to several conditions. The applicant requested ! waiving the required access easement. I believe the Council waived this condition although I have � no documentation as the Council minutes have not yet been approved. • i4r. David is also requesting deferring the sewer � unit payment until a hookup is actually made ($3, $59. 05) . Our policy has been to collect � these assessments at the time of subdivision. �All residences in sewered areas are required to hookup within 16 months as per our ordinance. � Collecting �S now would eliminate probleris with future buyers. This subdivision is also subject � to a park dedication fee of $750, ($250 per lot) . (Continued) � � � REGULAR �2IEETIP�G OF THE ORONO COUNCIL, OCTOBER 11, 1977 Page 5 �, Applicant was also requested to move the proposed SUBDIVISION lot line between Tracts B & C so as to miss the 1200 Old Crystal Bay Rci. �existing buildings on the property. The final (Continued) plat indicates a move of the property line 30 ft. � to the south. This move places the lot line through M the larger building to the south. C We should obtain City Attorney' s approval of a title opinion addressed to the City. Council has � also requested an additional 10 ft. easement along County Road 51 to provide access to the � projected French LaYe Dam project. � Planning Commission PZeeting - October 3, 1977 � P�r. Phil David and P�r. George Howell were present. � Zoning Administrator pointed possible discrepancy in relocating north lot line of Tract C as shown � on mylar. During review of the preliminary plat, the Planning Cor.unission and Council requested the �' developer move said lot line to eliminate disection • of existing small shed. In scaling this change as indicated on the nylar, the new lot line aPpears � to have been moved south approximately 30 ft. resulting in disecting the larger shed to the south. � Planning Commission recommended approval of adopting �resolution of approval of final plat as prepared • Ay staff subject to developer' s engineer confirr.iing that the newly proposed lot line does not disect any existing structures. This certification to - be submitted before the next scheduled Council � meeting of October 11, 1977. � Council t•Zeeting - October 11, 1977 � City Attorney Bruce PZalkerson stated that he had . met with 24r. John Winston, attorney for Sheldon Jacobs, and discussed the flowage and open space �, easements. + P4ayor Van Nest moved, Butler seconded, to adoPt RESOLUTION #839 Resolution #839, A Resolution Approving The RLS # a+ Registered Land Survey, for 315 East Grant Corp. 315 East Grant Corp. sub-ject to adding #8. Payment of sewer unit 1200 Old Crystal Bay Rd. � charges. Motion, Ayes (3) - P1ays (0) . � � � � � f � • � � RE�ULAR� I'IEETING OF THE ORONO COUNCIL, OCTOBER 11, 1977 Page 6 � Mr. Alan Olson, Assistant Building & Zoning SUBDIVISION Administrator, entered into the record the 200 Willow Drive South �following infornation concerning the subdivision #270 request of Donald Scott, 200 �•7illow Drive South, Donald Scott � dated August 8, 1977, which states: � The City Council ap�roved one building permit � for owner/occupant as requested as site plan indicates all setback rec�uirements would comply � with code. f Staff - September 6, 1977 � Received final plat drawings and copy of title « opinion. The requested easements appear on the drawings. The market value of the entire � property is listed as $40, 000 which means the park dedication fee is the miniriur.t $250 per � lot, $1,500 total (of which $250 was paid with the building permit leaving $1, 250 to be paid) . � The final approval of title must be assured � by the attorney - there may be some items yet to be cleared up before presentation to Council. • Planning Commission Pseeting - September 19, 1977 � Recommended approval subject to engineer' s �approval of drainage, attorney' s approval of • open space easenents and title opinion, and payment of park fee. � Council Meeting - October 11, 1977 ! P�ayor Van Nest moved, Butler seconded, to adopt RESOLUTION #840 � Resolution #840, A Resolution Approving Longview, Longview for ponald Scott, 200 �Jillow Drive South. P�4otion, 200 Willow Drive South r Ayes (3) - i�Iays (0) . i � 7: 30 P.M. Applicant not present SUBDIVISION 8: 00 P.M. Applicant present 2325 �9atertown Road � #285 Mr. Alan Olson, Assistant Building & Zoning Kelley & Kelley � Administrator, entered into the record the following inforriation concerning a subdivision � request of Kelley & �:elley, Inc. , 2325 �4atertown ! Road, dated August 8, 1977, which states: � The City Council approved the preliminary sub- division subject to park dedication fee of $750 � and conservation easenent over wetlands. Directed staff to obtain soils map from Hennepin County � Soils Conservation District to determine wetlands �conservation area. Also requested developer provide 50 ft. access and utility easement with + underlying easement to the City along east property line of Parcel 2. (Continued) � • � S REGULAR� t1EETING OF THF. ORONO COUPICIL, OCTOBER 11, 1977 Page 7 � Staff - August 9, 1977 SUBDIVISION 2325 Watertown Road �aP and letter sent to Jim Anderson of Iiennepin (Continued) • County Soils Conservation District requesting soils map and report. � Staff - September 26, 1977 • Enclosed is a copy of the final plat as submitted � by Bruce Kelley. The applicant has requested Planning Commission and Council action on the � final plat. I have not as yet received the � easement deeds, title opinion or mylar and hard- shells as is our policy before granting approval. � Note on attached plat: no access easer►ent � provided for Lot 3 from Watertown Road through Lot 2. At the time the preliminary plat was � approved, Council suggested this access easement • be provided. � Planning Commission P4eeting - October 3 , 1977 � The I:elleys were present. Planning Commission reviewed copy of final plat which indicated * all drainage and utility easements as specifi�d by Council. The access and utility easement �along the east property line of Lot 2 was � eliminated, ho�vever. Bruce Kelley explained that they were considering some lot line � rearrangements with Earl Plant, the property owner to the east, and also the prospective � buyer of the newly platted 23 plus acres Lot 1. � The Kelleys were willing to assure the City of . a required utility easement, but rec�uested delay of definite description until an agreement a is reached by the three adjoining property owners. If the City were to demand the easement � around Lot 2, any future lot rearrangement of Lot 1 would be delayed because of the necessity � to vacate said easements before proceeding with lot rearrangement. The Kelleys ac�reed to provide • to the City a conservation easement over the • wetlands area indicated on the plat as Outlot A. � Planning Commission recommended approval of final plat subject to the developer providing all � necessary easements except for the one around Lot 2 because of the hardship as explained by the � applicant. Approval was recoruaended subject to a park dedication fee of $750 ($250 per lot) and � a conservation easement over the wetlands , Outlot A. � (Continued) � r � � � RE�ULAR TiEETING OF THE ORONO COUNCIL, OCTOBER 11, 1977 Page 8 � Staff - October 5, 1977 SUBDIVISION 2325 Watertown Road � Enclosed is a copy of a resolution of approval (Continued) drafted by staff. Please review for additions • or modifications. � Particularly note the Planning Comrnission and • applicant discussions about the previously rec�uested access easenent to Lot 3 from � Watertown Road. � Council t�4eeting - October 11, 1977 � Mr. Bruce Kelley and Mr. Les Kelley dis:�ussed • their proposed subdivision commenting that the proposed plat had not included an easement � from Lot 3 to the Watertown Road because they did not feel it was necessary at this tir►e. + Butler moved, Pesek seconded, to adopt Resolution RESOLUTION #841 � #841, A Resolution Approving The Plat Of Kelley & Kelley & Kelley �:elley Division, subject to adding �k4. Street 2325 Watertown Road � easeraent from Lot 3 to �•7atertown Road. iiotion, ' Ayes (3) - Nays (0) . w P�ir. Alan Olson, Assistant Building & Zoning �Administrator, entered into the record the following inforriation concerning the subdivision • of Robert Harvey, Sr. , 4660 Watertown Road, . dated September 12, 1977, which states: � The City Council approved the preliminary plat including necessary variances subject to drainage � and flowage easement along the existing creek and a park dedication fee. � Staff - September 13, 1977 • * Asked applicant' s realtor to provide easement and title opinion for staff review and action. � Staff - September 23, 1977 • Received title opinion and easement � � Council P7eeting - October 11, 1977 � , Butler moved, Pesek seconded, to adopt Resolution RESOLUTION #842 #842, A Resolution ApprovinR A Subdivision For Robert Harvey, Sr. � Robert Harvey, Sr. , 4660 47a-cer�own Road. ��iotion, 4660 Watertown Road Ayes (3) - P1ays (0) . � � � � � � � REGULAR MEETING OF THE OROPJO COUNCIL, OCTOBER 11, 1977 Page 9 � Mr. Alan Olson, Assistant Building & Zoning SUBDIVISION Adriinistrator, entered into the record the 1480 Sixth Avenue North � following information concerning a subdivision #307 • request of Douglas Dayton, 1480 Sixth Avenue Douglas Dayton North, dated September 12, 1977, which states: � This proposal is for a split of one nine-ac�e � parcel into two lots (A = 4. 6 acres, B = 4. 4 acres) , each exceeding the rec�uired two acre/200 ft. i width of the RR-1B zone. There is an existing house, barn and riding ring on proposed Parcel A. � The house requires a technical variance for the � existing non-conforming west side setback. The barn requires a variance of 42 ft. (28�) from � the required 150 ft. setback to the proposed division line. The riding ring is not shown on � the survey, but also appears to be close to the proposed line. There are no designated wetlands ! on this property. Access is to the County road. ! A park dedication fee should be required for the newly proposed parcel. Public hearing � scheduled for October 3, 1977 at 7: 45 P.M. + Planning Commission Meeting - October 3, 1977 � Mr. Fred Herfurth was present. Planning Commission recorunended approval of preliminary plat as � presented subject to the following conditions : � l. Developer obtain approval from Hennepin County ` Engineering Department for any changes of newly proposed access entrances from the property � to County Road #6 and all other County recommendations. 2. Al1 c�rainage and utility easements as determined � by the City. • 3. Park dedication fee of $500 ($250 per lot) . 4. Title opinion addressed to the City. � Council Pseeting - October 11, 1977 � Butler moved, Pesek seconded, to give preliminary � approval for the subdivision request of Douglas Dayton, 1480 Sixth Avenue North. P4otion, Ayes (3) - � Nays (0) . � - . b2r. Alan Olson, Assistant Building & Zoning CONDITIONAL USE PERI�iIT Administrator, entered into the record the 2505 Kelly Avenue � following information concerning the request of #310 Dan Lindsay, 2505 Kelly Avenue, for a conditional Dan Lindsay a use permit, dated September 7, 1977, which states : � Received application for conditional use permit � for nlanned residential development and duplex credit (38. 600 & 34. 029) . The proposal is to � construct two new duplexes (four units total) (Continued) � � � • REGULAR MEETING OF TFiE ORONO COUPdCIL, OCTOBER 11, 1977 Page 10 � within 200 ft. of the commercial district as CONDITIONAL USE PERMIT allowed by 34. 029. AtthiB time, the developer 2505 Kelly Avenue � intends to retain the one existing duplex on (Continued) Lot 1. Referral to Planning Commission for action • will await receipt of all necessary setback informa- • tion. as requested. � The proposal includes a request for a joint use dock. Shown are four slips for the new units. � There is no existing dock for the existinc� duplex. � At the time of the subdivision, a $4, 000 park • dedication fee was collected for the four dwelling sites (including 1 unit on Lot A) with the � provision that additional park fees would be collected should any additional units be permitted � on Lot A. The request is for four new units on Lot A; therefore, three additional unit fees � would be due at the time of permit issuance • (3 X $1,000 = $3, 000) . • Council P�ieeting - October 11, 1977 � rir. Dan Lindsay questioned the amount of the park dedication fee stating that he felt that the fee � being proposed as excessive. . �` Mayor Van Nest moved, Pesek seconded, to approve . two conditional use permits, one for Lot A and one for duplex credits, subject to: i. Staff review of park dedication fee. �, 2. tdo dock consideration at this time because of moratorium. r Pdotion, Ayes (3) - P1ays (0) . � � Mr. Alan Olson, Assistant Building & Zoning VARIANCE • Administrator, entered into the record the 3820 Cherry Avenue following information concerning a variance #311 � request of Christine Beck, 3820 Cherry Avenue, Christine Beck dated September 16, 1977, which states: � The applicant wishes to remove an existing over- � hanq and to replace an existing garage. The • construction requires variances due to the existing substandard lake and side setbacks. The � overhang removal will take approximately 60 sq. ft. of hardcover out of the lakeshore setback area. � The zone district is 1/2 acre: the lot is 70� of one acre less some wetlands. The lots are � combined. �Variances: Lot area & width - none • Side setback (existing) 5 ft. = 50o variance Lake setback 35 ft. = 46o variance � (Continued) � � � R�GULAR PZE�TIPIG OF THE ORONO COUNCIL, OCTOBER 11, 1977 Page 11 � Staff - September 30 , 1977 - Hank P�Zuhich VARIANCE 3820 Cherry Avenue � The replacement of the existing garage is actually (Continued) an ex�ansion. The existing garage is 20. 2 ft. X � 22. 1 ft. (446. 42 sq. ft. ) . The proposed garage � would be 26 ft. X 26 ft. 9 in. (695. 5 sq. ft. ) an expansion of approximately 250 sq. ft. PZost � of this hardcover expansion, however, would be located beyond the 75 ft. lakeshore setback � requirement. � Planning Commission P4eeting - October 3, 1977 + Recommended approval subject to addition being � limited to single story garage only. Proposed addition not to be used for second residence on � a single family lot. � Justification: reduce hardcover within 75 ft. � from lake, existing structure currently non- conforming, property is sewered. � Council r'leeting - October 11, 1977 � Butler moved, Pesek seconded, to apProve the � variance request of Christine Beck, 3820 Cherry Avenue, per the Planning Cor.unission meeting of � October 3, 1977. Piotion, Ayes (3) - P7ays (0) . � � P�Sr. Alan Olson, Assistant Building & Zoning VARIANCE Administrator, entered into the record the 3265 Carman Road � following information concerning a variance #312 request of H. N. Hankinson, 3265 Carman Road, H. N. Hankinson � dated September 13, 1977, which states: � Applicant requests a side setback variance for • construction of a swimming pool three feet from the property line (accessory structures require ,� ten feet minimur_t setback) . The adjacent neighbor has indicated no objection. There has been no � survey submitted to date so approval should be contingent upon a survey confirming a setback � at least as large as required by Council action. � Staff - September 30, 1977 - Hank P4uhich � I waived the required survey on this proposal as � I have done on several other occasions to save the applicant the high cost of a survey if the � variance were denied. � However, if the concept were approved, the absolute � minimum setback should be three feet as determined by the State Building Code and the approval should � be contingent upon the �pplicant subrmitting the necessary survey prior to obtaining a building permit. • (Continued) � � • REGULAR PIEETING OF TIiE ORONO COUNCII�, OCTOBER 11, 1977 Page 12 � A survey would be required to confirm the location VARIANCE and setbacks. �9e might also discuss the drainage 3265 Carman Road � of the pool to determine whether it will be (Continued) directed to the lake or sanitary sewer. � . Planning Commission r4eeting - October 3, 1977 � Mr. Hankinson was present. The Planning Commission was in favor of the concept on the basis that � this is the only available location for the pool. The neighbor to the northeast has submitted a letter r of no objection to this three foot setback. � Recommended approval conditioned on applicant � submitting certified survey to confirm three foot setback as shown on �sketch. Hardship: lay of � the land. � Council t�eeting - October 11, 1977 � Butler moved, Pesek seconded, to a�prove the • variance request of H. N. Hankinson, 3265 Carman Road, per the Planning Corunission recommendations � of October 3, 1977. Motion, Ayes (3) - Nays (0) . • Alan Olson, Assistant Building & Zoning Administrator, VARIANCE � entered into the record the following information 1520 Iiinnie Avenue concerning a variance request of P7ark Jensen, 1520 #313 � Minnie Avenue, dated September 13, 1977, which states: Psark Jensen � Applicant requests a setback variance to place a � detached garage on his property. The lot depth is narrow precluding meeting both the 30 ft. front � and 10 ft. rear setbacks. There is no other structure close to this proposed location on either • adjoining lot. Consideration might be given to • making the rear setback five feet which would allow a 23 ft. front setback thereby increasing � the distance from the street. � Staff - September 29 , 1977 � In looking at a copy of the plat map, it appears the south and east lot lines of the subject '� property are abutting side lot lines of the . adjacent neighbors. My conclusion would be that a 10 ft. setback would be the requirement from i both these lot lines. The street setback require- ment in a one acre zone is 35 ft. A garage which � faces a street should be required to maintain a minimum of 20 ft. from the street right of way in � order to provide adequate private parking distance � to keep parked cars off the City right of way. This would elir.linate street maintenance problems , � especially during snow plowing. (Continued) � � � • REGULAR t4EETING OF TIiE ORONO COUPICIL, OCTOIIER 11, 1977 Page 13 � I would like to suggest the City require a minimum VARIANCE of a 20 ft. setback from the street. This would 1520 Minnie Avenue S necessitate two variances, but provide for much (Continued) safer conditions. If the garage were moved two �' more feet to the east, we would have to approve • a 15 ft. variance from the required 35 ft. set- back from the street and a two foot variance � from the required 10 ft. setback from the side lot abutting the neighbor to the east. The � side lot line setback variance could be conditioned on the owner producing a statement of no objection � from the neighbor to the east (F. Reinhardt) . � Planning Commission P4eeting - October 3, 1977 � Planning Commission discussed an alternative of � moving the garage another two feet closer to the east property line which would allow a 20 ft. � setback from Minnie Avenue. Neighbor to the east, F. Reinhardt, was present. He stated that he � � would have no objections to a five foot setback • variance if the applicant would clean up the debris between the two homes, his and the applicant' s. � Planning Commission recommended approval provided � the application is modified to rnove the structure no closer than 20 ft. from PZinnie Avenue and � applicant obtain letters of no objection from the • three adjacent owners as to the location of the structure. � Council Meeting - October 11, 1977 • Mayor Van Nest moved, Butler seconded, to approve � the variance request of P4arl; Jensen, 1520 Minnie Avenue, per the Planning Commission recommendations � of October 3, 1977. PZotion, Ayes (3) - Nays (0) . � ' Mr. Alan Olson, Assistant Building & Zoning VARIANCE Administrator, entered into the record the 3400 Shoreline Drive � following information concerning a request for #320 a variance of Stan Johnson, 3400 Shoreline Drive, Navarre Hardware � dated September 29, 1977, which states : � Stan Johnson of PJavarre Hardware is requesting • approval of a proposed addition to the existing hardware store in PJavarre_ All commercial and A industrial construction proposals require Planning Commission and Council approval before obtaining � a building permit. The building elevation plans and site plan must be approved by Council. � (Continued) � � � � � � RLGULAR MEETING OF T1iE ORONO COUNCIL, OCTORER 11, 1977 Page 14 � This proposal requires approval of several VARIANCE variances also. This area is zoned B-l. The 3400 Shoreline Drive �lot meets the area and width requirements. (Continued) However, the proposed addition would not meet � front and side yard setback requirements. � The setbacks as required in this B-1 district: i Front - 35 ft. , Rear - 35 ft. , Side - 15 ft. The setbacks as proposed: Front - 15 ft. � rear - 30 ft. , side - 0 ft. The proposed location is a continuation of the front and � rear lines of the building extending to the • west side lot line. v The proposal would also require a variance from parking requirements. The extent of the proposed � structure would elirainate practically all parking facilities on the property. Mr. Johnson feels • the riunicipal parking lot to the north of his • property ��ould provide adequate parking for his expanded operation. Planning Commission Dseeting - October 3, 1977 • P•Zr. Stan Johnson was present. Planning Commission � recommended approval of side yard variance because proposal is consistent with neighborhood, subject � to 14r. Stan Johnson obtaining statement of no • objection from owner of real estate office to the west. Also recomr.lended approval for parking � requirement variance because they felt adequate parking area would be provided in the municipal f parking lot to the rear of the proposed project. � The site plan and building elevations (brick front) of the commercial expansion were approved as � presented subject to owner continuing curbing . along County Road #15 at his own cost. + Staff - October 6, 1977 � P4r. Stan Ecklund of York Realty was in my office to look at the Plavarre Hardware proposal. Informed � me he was skeptical about the zero side yard set- back. He feels the structure would obstruct the + view from his office. He picked up a copy of � the setback ordinance for B-1 zoning. Said he would prefer 15 ft. setback as is required � in the code. Said he would send us letter regarding this before next Council meeting or � probably appear at the meeting. • (continued) � � � � r • REGULAR ME�TING OF T13E ORONO COUi1CIL, OCTOIIER 11, 1977 Page 15 � Letter from Stan Ecklund - October 6, 1977 VARIANCE 3400 Shoreline Drive � "This letter is to notify you that I decline to (Continued) sign a waiver on side lot line adjacent to my � building on Lots 23, 24, 25, Block 6, Navarre • Heights. ` I feel if Mr. Johnson wants to add on to his building, he should conform to the Zoning Laws, � as written, which I believe is 15 feet from his lot line. " � i End of letter � Council r4eeting - October 11, 1977 � t�r. Stan Johnson and Mr. Ray P4erz discussed the rational of allowing the variances requested � providing an eight foot walkway to allow passage of pedestrians. M • r�ayor Van Nest moved, Butler seconded, to refer back to the Planning Commission the request for � variances of Stan Johnson, 3400 Shoreline Drive, to review r�ir. Stan Ecklund' s objections to these � variances. I�Iotion, Ayes ( 3) - iJays (0) . � • Mr. Alan Olson, Assistant Building & Zoning VARIANCE Administrator, stated that on September 12, 320 Woodhill Road • 1977, P�ir. Robert White asked for time to get #275 his professionals to prepare a written statement Robert F. White � concerning the reasons why the chosen location is required concerning this variance request � at 320 Woodhill Road. • P•Sayor Van Nest moved, Butler seconded, to � table the request of Robert White, 320 Woodhill Road, until October 24, 1977, to allow applicant � to be present. P�otion, Ayes (3) - Nays (0) . � 8: 40 P.r�, vAxzAracE � 1410 Bohn' s Point Road Pdr. Rhode and Pdr. Swenson, attorney representing #210 � Mr. Rhode, were present. D7r. Rice and Mr. Becker Jack Rhode . were not present. This agenda item was delayed until all participants arrived. � 9 : 15 P.M. � Mr. Rice representing P�r. Becker arrived and � requested the City Council to table this matter � until October 24, 1977. rir. Rice stated that Mr. Becker' s daughter caas in the hospital and he • could not be here this evening. (Continued) � � � i REGULAR MEETING OF THE OROP10 COUNCIL, OCTOBER 11, 1977 Page 16 ` Mr. Rice also cor,unented that since Councilmember VARIANCE Paurus was out of town he would prefer to have 1410 Bohn' s Point Road � this Matter on the next agenda when all Council- (Continued) members were present. • • Mr. Swenson requested Council to act now, comment- ing that all documents and findings of fact have � been submitted. � Mayor Van Nest stated that bsr. Rhode' s findings of fact and conclusions,as submitted by DZr. Swenson, � had not been received by all staff and Council- � members including himself in sufficient time to review all comments and that any discussion on � these facts should be concluded this evening and a decision on these facts at Council' s next meeting � October 24 , 1977. � Following a short discussion, a 2�ayor Van Nest moved, Pesek seconded, to table this , item until October 24 , 1977 noting that all findings of fact have been submitted for Council review. � Motion, Ayes (2) - Nays (1) . Councilmember Butler Nay. � 2dr. Alan Olson, Assistant Building & 7oning SUBDIVISIOPI & DOCK • Adrninistrator, entered into the record the 500 North Arm Drive follo�aing information concerning the subdivision #200 � ' and dock proposal f_or Victoria Grain Company, Victoria Grain Cor.�nany 500 Plorth Arm Drive, dated September 6 , 1977, � which states: � Ron Harnack, t�iike I4ueller and Bruce SandstroM of the Minnesota DNR were present to review this � application and the DNR' s general views of � riparian access, dredging, marsh preservation and fish and wildlife promotion. The applicants � noted that soundings of the area had been taken, but that the data had not yet been com�iled. � General concensus was that all parties should be concerned with rlinimal environrnental dis- � turbance and that, based upon the results of the soundings and habitat report, the best � solution can be found. Tabled until date • received. � Staff - September 19 , 1977 � Today I received sorle additional engineering data fro�-n the applicant' s engineer as rec�uested � by the City. �de received this too late to send to the P7_anning Corimission members for consideration for tonic�ht' s i�e�ting. (Contin?ied) � � � � . RLGULAR P9EETING OF TI3E ORONO COUNCIL, OCTOBER 11, 1977 Page 17 � Parliar�ientary procedures requ:ires that all un- SUBDIVISION - DOCK finished items remain on the agenda until 500 North Arm Drive � decisions are made. Alan was evidently not (Continued) aware of this requirement when he eliminated � the subject from the agenda for September 19, 1977. The additional data as requested by the � City was not submitted at the time the agendas � were prepared. r The new maps enclosed indicate the depth sound- ings of the channel. On the afternoon of Sept- � ember 16, 1977, the ?'tayor, Ron Harnack, and Larry Seymour of the DNR and several others and r Hank I�uhich reviewed the area by boat. The • I�ayor' s boat draws 3 ieet of water, yet he would not attempt traveling the channel. Also � enclosed is a copy of a letter from the LP-1CD stating they nay not accept the application. r Planning Commission I�ieeting - October 3 , 1977 , • Mr. Cargill, Attorneys John Hacking and Don Sjostrom were present. The new dock and ' dredging proposal were very much the same as the original proposal which was previously � denied by Orono (a dock extending straic�ht to the channel from Lots 3 & 4 with an additional 200 ft. mooring dock parallel to the channel) . The dock for mooring would necessitate dredging � along the channel for accessibility. � Planning Commission reviewed proposal. Indicated � some objection to dredging. Suggested developer review further to come up with solution without � dredging. Possibly a change in location of the dock and consideration of a variance from the � dock length limits so as to rlinimize effect on fish spawning area along the shoreline of � the bay. � Mr. Hacking informed Commission that he had � been told that the DP1R would deny the L-shaped dock previously approved by Orono. Planning + Conunission requested some certification. P�Sr. Hacking replied this was only verbal as Ron � Iiarnack was out of town so he was unable to • obtain a statement. • The Commission considered deferring a decision, They suggested the developer submit alternative � proposal, i�ir. Iiacking insisted on a decision (approval or denial) . The Planning Comr�ission � informed the applicant a definite denial would only hold up the project. The applicant would � be required to wait six months before subraitting i another proposal. (Cont.inued) � � • RE�ULAR I�EETING OF TIiE ORONO COUNCIL, OCTnBFR 11, 1977 Page 18 A statement was made by P4r. Hacking that it SUBDIVISION - DOCK appeared that the proposals would be denied by 500 North Arm Drive � one agency or the other. Fie felt a decision (Continued) should be made so the applicant kne�� his position. � + The Zoning Administrator presented a nap of the original proposal which was dated January 24, 1977. � This rnap indicates in pencil the City' s original suggested location for a dock .from Lot 6 � directly to the bay. The applicant submitted an alternative plan dated i4ay 16, 1977. This � plan includes the long dock parallel to the channel. The City was more receptive to this � plan than the dredging of the channel. Later, • liowever, there was so�e indication that the DNR would deny this because of the effect on the � spa���ning areas in the bay. � During the summer, the applicant and his representatives met with Ron Harnack and tsike � I�sueller of the DP7R, Don Sjostrom and the ' Zoning Administrator. Regarding the concern of destroying the spawning areas, the Zoning • Administrator inquired if there had been any study on what the s�awning conditions might ` be in the channel. There was no report. The DidR would investigate. � The Planning Corunission tabled the request so � applicant could submit alternate proposal. � Staff �- October 4, 1977 � A�ike P�tueller of the DNR called the Zoning � Adriinistrator, and inforned him that the DPdR would probably deny the �roposal consisting • of the long dock parallel to the channel. He A also said that P�r. Duane Shodeen of the DP1R nade some studies of the spawning situation • in the channel and found them to be as good or better than in tlie bay. The Zoning � Adninistrator inc�uired if boat traffic on the channel might not destroy the spawning areas. � I4r. P�4ueller assented that P�r. Shodeen stated his concern. I have arranged to meet with the r DNR on October 7, 1977 to review the issue for • various alternatives. • Letter from Jolln Hacking to Mr. Fienry IZuhich, Building & Zoning Adr.linistrator, dated � October 5, 1977, Pages 19-21 � (Continued) � .� � • Page 19 [3FRG, HACKING & DF_RG ATTORNEY9 AT L.�W � 113 GRAIN EXCHANGE OLIILDINO . MINNEAPOLI� MINNESOTA 55415 � GORDON .L t3ERQ October 'rJ� 197 / /�Ru Coo[ blZ .IOHN F. HACKINQ TELCPHON( JOHN G. BERD � 33G-A333 • ❑F COLINSEL ' _ y y r' ' NEIL B. DIETERICH ��.�� �7 ;C� �t+, ��" �.l � r'� �' • CAVID GRONBEL'K � ��� � `j !.� L� +_ . �� � � RICHARD M. IiAf�S712OM �� � � JC-I E; �'- __� i�fr. H�nry Muhich � Zoning Administrator �.�- �� - ^, � �"� �'ox 66 Vll_1_l= ,- �= � Crystal Bay, P�IN 55323 � Re : Victoria Grain Cor;�pany - North Arm Development � Dcar Mr. I�luhich: � `l�his letter is a sunimary of the action taken by tne Planning � Conanission in connection with the fourth proposal of Victoria Grain Company of Minneapolis (and Messrs. Robert M. Cargill � and Richard T. Doherty, 1lereinafter the Developers) for the platting and development of the property situated on North � Arm Drive in Orono (Tract B, RLS 924 and Tract C, RLS 158) . � As you recall , the Planning Commission and the City Council � long ago gave preliminary approval to the proposed plat as to the delin�ation of the six buildable lots and the one-acre � out-lot (Lots 1 to 6 and Out-lot A of the proposed plat) . The last several appearances before the Planning Commission and the � City Council have been in connection with the development of the • wet-land area between the buildable land and Lake Minnetonka. A Otir third proposal for development of the �aet-land (the Cornmon Use Dock from Lots 3 and 4 to the existing channel and then to � t,he body of Lake I�iinnetonka) was recomrn�nded for approval by �-he Planning Commission and eventually approved by the City Council. � However, the Department of Natural Resources , when presented with an application for a dock permit in connection with that third � oroposal, stated that it would not approve the same because the • lake bottom where the proposed dock entered the body of Lake ;�"innetonka was an excellent fish spawning area. The DNR sugUested � a snort dock from Lots 3 and 4 to the existing channel with dredging io accommodate berths for six pleasure boats (this � provosal is identical to our oroposal number 2 wlzich was rejected by the Planning Com.mission and City Council) . This posed an � nbvious prob]_em for the Developers. The City of Orono would allow • ti�e Deve]_opers to build the Iong dock (proposal number 3) , a d�v�lop�nent which the DyR would not allow; the DNR would allow �_�e Developers to construct the short dock with dredging (proposal T�-_: ��b�r ?_) , a development which the City of Orono would not allow. � � . � Page 20 � Letter to Mr. N,ulzich Page Two * October 5, 1977 � At a meeting on Augustl8 , 1977 , attended by you, Robert M. Cargill , � Donald Sjostrum (on behalf of neighboring landowners) , Ronald Iiarnack and staff of the DNR, aiid me, we attempted to resolve � this conflict and discussed both proposed developments in detail . '�he DNR said that it planned to deny our application for the l_ong dock (proposal nu;nber 3) , but would r�consider the same if water depth dai�a and soundings were submitted for the area � at the mouth of the existing channel and the area where the � proposed dock would enter the lake. � The DNR also stated that it preferred the short dock to the cxisting channel (proposal number 2) describ�d above. � Cm SepLemb�r 6, 1977 , we presented our fourth proposed dev�lopment � (that advocat�d by the DNR and almost identical to our proposal � number 2) to the Planning Commission. At that hearing, Mr. Harnack und his staff made a presentation regarding w�t-land management � in g�neral and the DNR' s position on our third and fourth proposals in particular. The sounding data had not yet been prepared and presented to the DNR and the City of Orono by the Developers . At that meeting, I moved that the Planning Commission recommend � the iourth proposal for preliminary approval by ihe City Council . • At that time the Planning Cor�unission voted to table our fourth s proposal pending its review of the sounding data. � That sounding data was provided to you on September 19 , 1977 , � and our fourth proposal was again presented to the Planning Commission on October 3 , 1977 . After consideration by the � Planning Commission, I moved that the Commission act on that ` iourth proposal, but the matter was again tabled by vote of the Commission. I asked the chairPerson of the Planning Commission ' �,hat additional information the Planning Commission needed to �ake action on our fourth proposal and none was requested. • iize Developers were asked to su'��nit a new develop;�ent proposal f containing a dock from Lots 5 or 6 to the body of Lake riinnetonka even though no action had been taken on our fourth proposal . � • I also moved that the Planning Conunission recorrunend preliminary �_pproval of the proposed plat with respect to lot delineation, eLc. , � so that the Developers could move forv,ard in the formal platt�ng y�rocedure wnile tne ciock permit applications were being considered � by the City of Orono, the Minnel�aha Creek Svatersned District, tne T.a'.Ke Ifinnetonka Cor�ser_vation Disi_rict and the Depart�nent of � �;7tural Resources. 'i�he Planni_ng Co.��rnissi_on �ook no action on c��i s � last request. Accordingly, our fourth proposal remains pending u�fore the Planning Co�::missi_on and �tie are unable to proc�ed to �he . CiLy Council. � � Page 21 � Letter to Mr. l�iuhich Page Three f Oci�ober 5 , 1977 If the above is not in accord with your understanding of � the Planning Commission' s action, please let me know. � I talked today with Ronald Harnack regarding the si�atus of our dock permit application. He informed me that it had b�en a reconsidered by the DNR after the sounding data had been pr_ovided. The DNR made another examination of the property and in light thereof he informed me that the DNR would not allow • an intrusion of a dock into the body of Lake Minntonka, both hecause of the spawning area adjacent to the wet-lands and because of the length of dock required to reach a navigable depth. The only development which the state would allow � for access to the lake by landowners is a dock to the existing channel. Mr. Harnack said that formal DNR approval of the proposed dock now pending be�ore the Planni_ng Corunission would . probably issue by this weekend. The Developers find themselves in an obvious predicament. The Planning Commission will take no action on this matter and it cannot, therefore, be presented to the City Council for considera- tion. ��Thatever suggestions you might have as to how we can � get this matter before the City Council for a d�cision would ne appreciated. � If you have any questions whatsoever, please call. � Very truly yours, � i. � �c� f a John F. Hacking ^-_---� � JFH: lh cc : i�:ayor Van Nest � 2�ir. William Peterson l�;r. Ronald Harnack � Brauer & Associates • Victoria Grain Comnany I•ir. Bruce i�ialkcrson � � � � � REGULAR P4EETING OF THE OROPJO COUPICIL, OCTOBER 11, 1977 Page 22 t4a��or Van Nest reviewed DPdR alternatives #1 & #2 SUBDIVISION - DOCK which had been submitted to Mr. r2uhich which are: 500 North Arm Drive (Continued) � l. Parallel park in channel, would �robably involve in-channel dredging to obtain adequate depth at side of channel. Assuming 10' boat width, 20' averac�e boat length, necessary 150$ of boat length for docking (i.e. 30'/boat) total 180' dock parallel to channel. � • 2. Dredge off channel per proposal from Brauer involves construction of six boat-dock off channel. Either of above alternatives will include provisions for dredging two wildlife ponds and/or level ditches. � If Orono does not concur with above permit � specifications, they can request a public hearing a and bear part of costs ($750 to start) within 30 days of permit date. Council Meeting - October 11, 1977 i�Iayor Van Nest moved, Butler seconded, to direct staff to prepare a resolution for Council review for the October 24, 1977 Council meeting to include: �, i�do encroachr.lent on rlarsh area. � 2. No dredging to provide ri�arian rights. 3. Adhere to Ordinance No. 125 , Storm ��ater Plan, � and Comprehensive Guide Plan. 4. 2�'Iaximur,t six slips 5. Dock width 30 inches + 6. Dock to serve Lots 3 & 4, shortest route to channel then 180 feet parallel to channel. 7. Conservation easement over wetlands. 8. Resolution will not imply that channel is navigable. 9. All provisions to be subject to staff, Planning Commission, City Council, DNR, and LMCD. approval. 10. Preserve all spawning areas. Motic�n, Ayes (3) - Nays (0) . � REGULAR M�ETING OF THE ORONO COLTNCIL, OCTOBER 11, 1977 Page 23 t4r. Alan Olson, Assistant Building & Zoning VARIANCE Administrator, entered into the record the 1985 Fagerness Point Rd. �llowing information concerning a variance #322 equest of Steven Alexander, 1985 Fagerness Steven Alexander Point Road, dated October 5, 1977, which states: Staff is presenting his application directly before Council to illustrate a situation that has developed over the last few years. The problem is one of ordinance interpretation. This particular request is to permit the enlarging of an existing attic dormer to provide a habitable second floor over half of an existing dwelling. No setback or height variances are required. There is no change in existing hardcover. All neighbors on the certified list have signed approval of the plans. Similar applications have been processed numerous times as lot area and width variances. All, in my menory, have been approved. My request is to clarify the intent of the code concerning non-confonning uses and substandard situations. 31. 100 & 31. 109 regulate non-conforming uses and require conditional use permits for expansion of same. This is then clarified by: �. 110. Apply to "Uses" only. The non-conforming use provisions of the zoning code apply only to the uses to which land and buildings are put, and do not apply to situations where location or height of structures, lot size or other factors not involving the use of the premises prevent strict conformance with the requirerlents of the zoning code. Where, however, such a situation (I read this as "use situation") existed legally under the prior applicable law, the Council will not unreasonably require strict compliance and will generally look with favor on granting of a variance under 32. 300ff. And farther along, we have section: 31. 410. Reduction Prohihited. No yard or other open space shall be reduced in area or dimensions so as to make such yard or other open space less than the minimum required by the Zoning Code and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. �-� the interest of clarifying policy, and in the , _ �ocess reducing delays for applicants and time spent by Council, Commission and staff on these situations, I advance the following interpretation of the code intent: (Continued) t . REGULAR M��TING OF THE ORONO COUNCIL, OCTOBER 11, 1977 Page 24 1. Conditional use permits are required for VARIANCE expansion of non-conforming uses, regardless 1985 Fagerness Point Rd. �• of lot or setback situations. (Continued) Variances are required for establishment of new principal uses on substandard size lots (less than a0$ of required lot area and/or width) . Variances granted would typically require compliance with all height, hardcover and setback requirements, � 3. Variances are required for any encroachment into, or expansion of hardcover within the lakeshore and wetlands conservation areas. 4. Variances are not required for expansion of an existing conforriing use just because said use might be on a substandard lot or in a substandard location. Variances would be required if the new work: a. Exceeded the height limitation. b. Caused the total hardcover to exceed requirements. c. Extended beyond the existing building line into a required yard (setback) area. In other words, even on substandard lots, a home- owner is allowed to add on to his house or construct an accessory structure meeting the setback and irdcover requirements (or not reducing any existing grandfathered" situations) without the bureaucratic delays of requesting a variance. Hopefully, this clarification will help staff serve the Public better with no change in the intent of the code or the p��ctical result of code enforcement. Mayor Van Nest moved, Butler seconded, to approve the variance request of Steven Alexander, 1985 Fagerness Point Road. Motion, Ayes (3) - Ldays (0) . � Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #843 Resolution #843, A Resolution Of Approval Public Tract V - RLS 461 Sale Of Tax Forfeiture Land Tract V, RLS 461, as amended. Pdotion, Ayes (3) - Nays (0) . Mr. Alan Olson, Assistant Building & �oning PEACE LUTHERAN CHURCH Administrator entered into thP record the following information conc�erning a letter received fron the Peace Lutheran Church, 850 Wayzata Boulevard, dated October 6, 1977, ' which states: 'ttaclied is a letter from Peace Lutheran Church idicating that they may relocate and are looking for buyers for their existing building. Staff has reviewed the building plans and the site to investigate possible City uses. (Continued) � � REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 11, 1977 Page 25 ' • The building is approximately ten years old and PEACE LUTHERAN CHURCH 4900 sq. ft. on one floor. The site is large (Continued) ith room for expansion. For comparison, the � existing office building has about 2250 sq. ft. � plus a partial basement. For office use, the � church space would have to be partitioned. The 1974 adjusted market value is listed as $833,000. i Staff' s main concern about the building is the � site location. Access is very poor being directly � from Highway #12 just at the end of the freeway. If Highway #12 is ever extended, the access would � be off a poorly accessible frontage road. The location is in the far corner of the City, remote • from most of the population, streets and other ` City facilities. On the strength of the negative site aspects � and because the City has no detailed plans for � service growth or centralized housing of staff, I suggest we not pursue this offer at this time. • � P�r. Alan Olson, Assistant Building & Zoning ON-SITE DISPOSAL Administrator, discussed the completed preliminary REGULATIONS � draft of the City' s On-Site Disposal System � Regulations. • Mr. Alan Olson, Assistant Building & Zoning VARIANCE PROCEDURES • Administrator, reviewed with the City Council • variance procedures and policy stating that: i CLARIFICATION: � Conforming Use: an allowed or conditional use of property within a district irrespective � of lot area, width, or existing structure locations. � i Non-Conforming Use: any use of property not currently authorized within the particular � district, irrespective of lot area, width or existing structure locations. � PROCEDURE: � A. CONDITIONAL USE PE�4ITS REQUIRF.D FOR: a l. Expansion of any existing non-conforming use, � irregardless of lot size or structure location. � 2. Creation or expansion of any use permitted by � a conditional use permit, irregardless of lot size or structure location. (Continued) � � • a � REGULAR P4�ETING OF THE ORONO COUNCIL, OCTOBER 11, 1977 Page 26 � B. ZOi1ING VARIANCE APPROVAL REQUIRED I'OR: VARIANCE PROCEDURES � (Continued) l. Creation of a new principal use on any lot � which does not meet 80$ of the district requirements for lot area and lot width. � Variances granted would typically require compliance with all height, hardcover and � setback requirements. "PJew" includes . additions to existing structures exceeding . 50$ of the existing valuation. � 2. Any encroachment into or expansion of hard- � cover within the lakeshore and wetlands conservation areas. • -- 3. Any new construction exceeding the district � requirements for structure size, height or ` hardcover. � � 4. Any new construction encroaching into a required setback area, or if the existing � yard area is already less than the required minimum, any further reduction of the • existing set�ack. � 5. Reduction of any safety related performance � standards (such as minimum setbacks for garage doors opening on a street, accessory � structures on lots without principal structures, traffic visibility, etc. ) r C. ZOtdING VARIANCES P10T REQUIRED FOR: � � 1. Expansion of an existing structure (up to 50� valuation) providing the new construction � meets all height, hardcover and setback � requirements, irregardless of lot size or � existing structure location. � 2. Expansion of an existing structure within a required setback area (except lakeshore � and wetlands) provided the expansion is + along the line of the existing structure and does not further reduce the existing � setback. ' � 3. Expansion of an existing structure without increasing hardcover (e.g. new baserlents, � expanded attics) . � 4. Construction of an accessory structure on � any lot containing a conforming use, provided � the accessory structure meets all size, height, hardcover and setback requirerients. � (Continued) � - � � � REGULAR t�IEETING OF THE ORONO COUNCIL, OCTOBER 11, 1977 Page 27 � 5. Existing structure locations as part of VARIANCE PROCEDURES subdivision, conditional use or other (Continued) � zoning applications. • + Mr. Alan Olson, Assistant Building & Zoning STATUS REPORTS Administrator, informed the City Council that • the following items were being reviewed by the Planning Commission for action at a later date: � Pic A Pop, 3465 Shoreline Drive, resolution � awaiting owner' s signature; James PRcCleary, 3445 Bayside Road, dredging for Stubbs Bay 1�Zarina; � Colpepper Land Company, 40 Orono Orchard Road P7. , subdivision; Sidney Rebers, 2060 Wayzata Boulevard, � subdivision; Durwell Vetter, Big Island, subdivision; Fritz Gullickson, 960 Forest Arms Lane, variance; � JoAnn Hemmen, 4766 North Shore Drive, variance; + The Farm at Long Lake, 820 Brown Road N. , sub- division;�Vayside Kennels, 3505 Wayzata Boulevard, � transfer conditional use permit; West Shore Lafayette Bay Association, 2440 Old IIeach Road, � dredging; Donald Doty, 341 �aestlake Street, variance. • Mayor Van Nest moved, Pesek seconded, to table TALdAGER LAKE BRIDGE � the Tanager Lake Bridge Plans, Specifications, Agreement, and Resolution until further information �s available. Iyiotion, Ayes (3) - Nays (0) . � r Mr. Greg Frank, City Engineer, informed the ORONO-LONG LAKE City Council that the P'Ietropolitan �aaste INTERCEPTOR � Control Commission has directed McCombs-3Cnutson Addendum #2 firm to revise the plans for the proposed Long � Lake-Orono Interceptor to conform to the direction � given to the Commission by the Metropolitan Council in August of 1976_ These directions, � define the service area of the Orono-Long Lake Interceptor as not including the Vo-Tech area, � Maple Plain, Baker Park or any of t�iedina except the P�iedina-Morningside area. � • We will be submitting a revised addendura to the preliminary Engineering Report to the r�etropolitan i Waste Control Commission incorporating this criteria. The addendum will remove the flows from these areas � in the design of the Long Lake Lift Station and force main. The plans and specifications for' the � project will be revised as necessary to reflect the reduced flows. � • Mayor Van Nest stated that the City needs further �information to determine sewer service areas and i.U.S.A. line. • Pesek moved, Mayor Van Nest seconded, to table the Orono-Long Lake Interceptor item until further � infonilation is available. Motion, Ayes (3) - Nays (0) . • � � REGULAR ?�EETING OF THE ORONO COUNCIL, OCTOBER 11, 1977 Page 28 � Butler moved, Mayor Van Nest seconded, to refund REFUND a penalty fee in the amount of $5. 00 to Frank Frank Peterson �terson. Motion, Ayes (3) - Nays (0) . � � Dick Benson, City Administrator, informed the City PROPOSED ORDINANCE Council that the police department needs some Amusement Devices � regulatory powers over amusement devices and their operation. As you will recall, several years ago � a neighboring comm•unity had some problems with an establishment that featured a room-full of � machines and alcoholic beverages. We also had � some problems with teenagers playing machines and congregating where liquor was served at the � Stubb' s Bay Marina. ` At the present time, the department has no such problems that we are aware of. I feel that the � ordinance should be enacted now so that it is . in effect if we need it in the future. � I further suggest we put an effective date of December 31, 1977 as posting of notice and a � public hearing is required. This should be an annual license. The department would publicize � the ordinance and communicate in writing to the owners of existing amusement devices so they uld be aware of the ordinance well in advance � f the December 31, 1977 deadline_ � Mayor Van Nest moved, Pesek seconded, that a PUBLIC HEARING DATE public hearing be held November 14, 1977 at November 14, 1977 • 7: 00 P.2i. concerning a proposed a�usement Amusement Devices ! device ordinance. l�Zotion, Ayes (3) - Nays (0) . a Mayor Van Nest moved, Butler seconded, to adopt ORDINANCE NO. 200 � Ordinance No. 200, An Ordinance To Amend Chapter Traffic Regulations 50 Of The P�Iunicipal Code Of ThE City Of Orono � Relating To Traffic Regulation. P�iotion, Ayes (3) - Nays (0) . • � Butler moved, Mayor Van Nest seconded, that a PUBLIC HEARING � public hearing concerning the Navarre Drive-In Navarre Drive-In Theatre Theatre 1977-1978 License will be held October 24, � 1977 at 7:00 P.A4. Motion, Ayes (3) - Nays (0) . • Butler rioved, i�iayor Van Nest seconded, to approve AUGUST 1977 RECEPITS, et • the Summary of Receipts, Disbursements and Balances • for the month of August 1977. Motion, Ayes (3) - 3ys (0) . � � S � � � REGULAR t4EETING OF THE ORONO COUNCIL, OCTOBER 11, 1977 Page 29 � Butler noved, IQayor Van Nest seconded, to approve RECEIPTS, etc. the Sunmary of Receipts, Disbursenents and Balances 1-1-77 through 8-31-77 �or January 1 through August 31, 1977. tsotion, � Ayes (3) - Nays (0) . • Mayor Van Nest moved, Butler seconded, to apProve SALARY INCREASE • the increase in salary for Pat Higus, 24unicipal Pat Higus • Liquor Store clerk to $4. 00 per hour, effective October 3, 1977. 2dotion, Ayes (3) - PJays (0) . � � Mayor Van Nest Moved, Butler seconded, to approve SALARY INCREASE the increase in salary for Karen Pederson, Karen Pederson � Municipal Li�uor Store clerk to $4. 00 per hour, effective October 3, 1977. i�otion, Ayes (3) - � Nays (0) . � � Dick Benson, City Administrator, informed the SALARY INCREASE City Council that I4r. Tom Jacobs joined us PZay 31, Tom Jacobs � 1977 to fill the position of Building Inspector at a starting hourly rate of $5. 00. Fiis salary was � increased to $5. 29 per hour June 20, 1977 to a . permanent status. After a three month evaluation during his six rlonth probationary period, I recommend � his salary be increased to $5. 50 per hour, effective �ctober 3, 1977. � Mr. Jacobs has performed well, accepting responsi- � bilities within the department adjusting to the various functions that are required of him. • • Mr. Jacobs is attending night school to obtain his Building Inspection Certification and will be � reviewed again at the termination of his six-month probationary period. ' Butler moved, PZayor Van tlest seconded, to apnrove � the increase in salary for Tom Jacobs, Building Inspector, to $5. 50 per hour, effective October 3, • 1977. Piotion, Ayes (3) - Nays (0) . _ � � Dick Benson, City Administrator, informed the City SALARY IPICREASE Council that Susan Lynott has cor.ipleted a typing Susan Lynott � course and has improved immensely in her work. I recommend her salary be increased $0. 20 per hour from � $2. 80 per hour ($485. 00 per month) to $3. 00 per hour • ($5�9. 90 per month. • Mayor Van Nest moved, Butler seconded, to approve �the increase in salary for Susan Lynott, Clerk- eceptionist, to $3. 00 per hour ($519. 90 per month) , effective October 3, 1977. t2otion, Ayes (3) - Nays (0) . * � � � . �REGULAR t1EETIt1G OF TfiE ORONO COUNCIL, OCTOBLR 11, 1977 Page 30 � Pesek moved, Massengale seconded, to approve the APPOINTMENT appointment of C. Steven Wilson, 2485 North Shore C. Steven Wilson �rive, to the Planning Commission to fill the Planning Commission � unexPired term of John S. Guthrie. P4otion, Ayes (4) - Nays (0) . • � I4ayor Van Nest raoved, Pesek seconded, to ado�t RESOLUTION #844 Resolution #844, A Resolution Commending John S. John S. Guthrie � Guthrie. 14otion, Ayes (4) - Pdays (0) . � � Butler moved, Pesek seconded, to adopt Resolution RESOLUTION #845 #845, A Resolution Appointing Election Judges For Election Judges � The City Election To IIe Held November 8, 1977. P�Iotion, Ayes (3) - Nays (0) . � � Dick Benson, City Adninistrator, informed the City F.��.B. I PENALTIES � Council of the delinquent payrients and penalties for the Freshwater Biological Institute, University � of 2�innesota, � Attached are copies of the correspondence I have had with the F.69.B. I. regarding delinc�uent ` assessments and penalties; the correspondence I • have had with the University of i4innesota regarding 'elinquent water and sewer bills and penalties , � �nternal memos between department heads at the City of Orono, and other pertinent copies. • The current delinquent situation with regard to � the sewer and water utility began in the first quarter of 1977 when the F.W.B.I. paid the third � and fourth quarters of 1976 but did not pay the � penalty which had accrued on the third quarter 1976 bill. Since our method of applying payments � reduces penalties before it reduces the current bill, a customer can build up a larger delinquency � by not paying the bill in full. (This is the situation regarding the F.W.B.I. ) • . When we changed our billing system for the second quarter billing of 1977, a programming error � caused sales tax to be charged to the F.W.B. I. which is tax exempt. At this time, a Pss. fiinnenkamp � wrote to us pointing out that the University �aas exempt from penalties and sales tax. At that tine, � I had Charlotte call her to find out by what authority the University was exempt from penalties. � ids. Hinnenkamp referred Charlotte to a Mr. Henry + Johns. I called P�ir. Johns on August 23, 1977 �o ask him by what authority the University was xempt from penalties. He told me he would call me back with an answer. (Continued) � i • � - � REGULAR P4EETING Or THE ORONO COUNCIL, OCTOBER 11, 1977 Page 31 � On September 19, 1977, form letters were sent F.�J.B. I. PENALTIES to all customers who were in arrears. The letter (Continued) �egarding the F.W.B. I. was sent to the University . and forwarded (in error) to the F.�•�.B.I. On September 30, 1977, a clerk from the F.W.B. I. called �, Joan, who referred the clerk to Tdr. Johns. t4r. Johns called Joan and ref_erred her to P-!r. Garrison, Audit � Director for the University. I called t�r. Garrison reguesting that he explain to me by what authority � the University is exempt from penalties. (I�is • answer is in the attached letter. ) I told P�r. Garrison that if the bill was not paid by October 7, + 1977, the City would certify it for collection through the County as a special assessment. I � explained to P4r. Garrison all the previous happenings on this situation and informed him that his only • course other than payr►ent was to write to you • requesting that the penalty be waived by the City Council, which he has done. � Mayor Van Nest moved, Butler seconded, to deny the � request of the Freshwater I3iological Institute, University of 2�Zinnesota, to waive the delinquent + payments and penalties. r4otion, Ayes (4) - Nays (0) . • . Mayor Van Nest moved, P-lassengale seconded, to adopt RESOLUTION #846 '�esolution #846, A resolution to retain certain tax Retain Tax Forfeit � rorfeit properties for the City of Orono. Plotion, Properties Ayes (4) - Nays (0) . � • Dick Benson, City Administrator, informed the City 73-1 RESTORATION Council that on October 4, 1977, a meeting was Hoffman & Clark � held at the Orono Administration Office with myself, . Public Works Supervisor John R. Gerhardson, Mr. Jim Robin of Koenig and Robin, attorneys at law, 2�Ir_ � Robert Hoffman and 24r. Craig Clark concerning Mr. Hoffnan' s and Mr. Clark' s claim for restoration r concering the 73-1 sewer project. After a brief discussion in my office, we all met at the site. � It was agreed by Dsr. Gerhardson and myself that � the lower area should be regraded and a two-inch • maple tree be replaced, and that we would give our decision on the regrading of the bank by � Friday, October 7, 1977. � It is our opinion that the bank can be restored to its original condition with regrading; that � the lower area can be regraded and seeded and . the two-inch maple tree be replaced. (Continued) � � � � � � REGULAR P�ZEETING OF TFiE ORONO COUNCIL, OCTOBER 11, 1977 Page 32 � The Orono staff has reviewed this claim and has 73-1 RESTORATION agreed that a cash settlement of $550. 00 be (Continued) �ffered to P�ir. Hoffnan and Mr. Clark, and for • them to divide that amount as they deem fair and equitable. t Upon settlement of the claim, the City of Orono � must receive a signed release releasing the City of Orono from any further liabilities or � responsibilities in regard to this claim. � Massengale moved, Butler seconded, to approve , the payment of $550 to Mr. Robert Hoffman and i4r. Craig Clark for restoration at their � properties in the 73-1 sewer project. 2Zotion, Ayes (4) - Nays (0) . � � Mr. Alan Olson, Assistant Building & Zoning PRIPJTUP PETITION • Administrator, entered into the record the following information concerning the petition � of Gary Printup, dated October 6, 1977, which sta,tes: � I have reviewed the concerns of the various � petitions and the particulars of the site as it exists today. P�r. P�iuhich and P4r. Jacobs have �discussed the complaints with Mr. nuast. The • Building & Zoning Department has the following comments and answers to the points raised by ` the petition: � l. Potable Water Supply: The staff has had no complaint from the occupants of 1251 Briar � Street concerning lack of water. ��le have . no housing maintenance code and no �robable cause to enter the premises to investigate. � As in Duluth, potable water can be bottled. While the health of any citizen is imPortant, � the ability of the City to invade existing residences is very limited. 2. Unsafe Buildings-Condemnation: The professional • staff has no reason to assume or expect this • home to be unsafe. It may be unsightly, but that does not warrant condemnation. The � structure appears sound from the outside. ti9e have no housing maintenance code and no a probable cause to enter the premises to investigate possible structural or wiring � defects. P4ost older homes do have inadequate • wiring and may not meet all current code � requirements, but there is no legal mechanism to require upgrading. Normal condemnation or repair orders are issued after fires or ,� tornados, etc. and are not caused b;� "wind- shield surveys" . (Continued) � � • . I i REGULAR ldEETING OF TIiE ORONO COUNCIL, OCTOBER 11, 1977 Page 33 � 3. Lack of IIuilding Permits: The inspector PRINTUP PETITION advises that no current work is being done (Continued) � on the premises and the only uncompleted • work obvious is the lack of paint on a previously permitted addition. We have no � housing maintenance code and the building code does not require painting. Permits � are authorization to proceed with work and do not automatically require any building � permit for 1251 Briar Street until such • time that some construction is proposed. + 4. Public Nuisances: These sections have been addressed by Chief Kilbo. • 5. Animal Regulation: This section alleges � unsightly conditions and health hazards of rodents, flies, insects and accumulation � of manure. Building and Zoning has had no . previous complaint of this , only the cornplaint of rooster crowing and the general complaint of chickens being kept. Since this petition, we have not been able to verify any rodents � or undue numbers of flies or amounts of manure, but obviously the keeping of any fowl, especially in a small pen, will cause some manure buildup that can be objectionable. The necessary feed for the birds may attract rodents. Section 110 • deals with "aniMals" specifically, not fowl, but the conditions may be similar. It is questionable � what type or amount of evidence would be necessary for prosecution. Perhaps sworn complaints by � the neighbors would be necessary. � 6. AniMal Units: The zoning code permits as an , allowed use the keeping of domestic animals including chickens in the RR-1II zone providing ' one acre is available for the house and one acre each animal unit (50 fowl) . This lot is � only 10, 500 sq. ft. (25� of one acre) , and about a dozen chickens are being kept in a � pen and hen house. The practice of keeping these birds apparently predates the zoning � requireraents, making the hen house location • substandard and the use non-conforming. If the practice does indeed predate the code, it � may be "legal non-conforming". Section 31. 106 requires abatement of structure of less than � $3, 000 market value, no later than January 1, 1978. This use would apparently fall under � this requirertent, meaning that P�ir. nuast could . have until January to abate the use. Section � 32. 490 provides for review of any conditional use (such as a legal non-conforming use) upon neighbors' petition. This is what we are doing � now. (Continued) � � � - , � � REGULAR tiEETING OF THE ORONO COUNCIL, OCTOBER 11, 1977 Page 34 � Summary: I feel that the City has responded in PRINTUP PETITION good faith to past complaints and problenls. I (Continued) �feel that the City has no grounds for pursuing � most of the problems although they are present and there is neighborhood tension. I feel the � only area which we have grounds and responsibility to pursue is the abatement of the non-conforming ! use involvin� chickens. This should also remove the most visible sore point and the most probable � health hazard. � Mr. Alan Olson also commented that there has � not been any complaints on t4r. Quast' s septic system. � Mayor Van Nest moved, Butler seconded, to direct � staff to inform Pir. Quast of the specific regulations on animal units and that he would � have to conform to Section 31.106 not later � than January l, 1978. Motion, Ayes (3) - Nays (0) . tdr. Gary Printup, 1261 Briar Street, commented that 14r. Quast' s chicken coup is located on City � right of way and also he has been informed by the State that if i�r. Quast is having water hauled � to his home in a tank truck for domestic purposes and is plumbed thoughout the home for that purpose, it is not considered to be potable even though � the water is safe when it is loaded on the truck. Mr. Printup cited i�.H.D. #130 as provided to him � by P�ir. Roger Foster at the health department. � i4ayor Van Nest moved, Pesek seconded, to direct staff to develop a survey of Minnetonka Avenue to � determine if P4r. nuast has a building on Cit_y . property and to determine potable water complaint. Motion, Ayes (3) - Nays (0) . � Mr. Bruce IZalkerson, City Attorney, commented that in order to prosecute a public nuisance, complaints have to be signed as reviewed in � Nir. Fritz Brown's letter to the City and to Mr. Printup. � P4r. Bruce Idalkerson, City Attorney, entered into STUBB' S BAY AREA TAX � the record his letter to P4r. Jim Bloer_iendal, FORFEIT PROPERTY Regional Land Specialist, Division of Water, � dated September 22, 1977, which states: On Septerlber 19, 1977, I called you but you were . not in so I spoke with Otto Christenson of the �Di1R concerning the acquisition by the City of Orono of tax forfeit property at Stubb' s Bay Road (District 38, Plat 41440, Parcel 5400) which is tax forfeit property. Previously, (Continued) � ' r � REGULAR tiEETING Or THE ORONO COUt1CIL, OCTOBER 11, 1977 Page 35 � Mr. Christenson stated that the DNR would be glad STUBB' S BAY AREA T1�X to own this property jointly with the City and FORFEIT PROPERTY �that he would confirm that and then get back to (Continued) me. � On September 19, 1977, I spoke with t2r. Christenson and he reaffirmed the fact that the DNR would be � glad to own this property jointly with the City. I noted to him that I would send this letter to � you asking that the DNR draft the necessary . quit claim deed so that the City owns the property solely or as tenants in common with the DNR. Please � give me a call upon receipt of this letter to see �ahat additional steps ma�� be necessary. � End of letter � • Mr. Olson left the meeting at 11: 00 P.M. � Dick Benson, City Administrator, entered into the SUNN[MIT STATIOI•1 record the followin�r information concerning the Surimit Station PRD (Herrick Circle) : Council Meeting - �eptember 26, 1977 � �Approved resolution of plat vacation. Staff October 5, 1977 � Received last docurnents from applicant including title opinion, sewer agreement, rQad and utility • easement and flowage and conservation easement. + Park dedication fee of $6,000 was paid November 9, 1976. For final Council action, please consider • the following: � 1. Resolution amending land use plan 2. Ordinance rezoning to R-lA 3. Resolution approving Surimit Station Plat � Council P4eeting - October 11, 1977 � Mayor Van I1est moved, Butler seconded, to adopt RESOLUTION #847 Resolution #847, A Resolution Amending The Lanc7 Ar,lend Land Use Plan Use Plan Of The City Of Orono Within The Frame- Sui:unit Station � work Of The Comprehensive Guide Plan. i�gotion, Ayes (4) - Nays (0) . � ISayor Van Nest moved, Butler seconded, to adopt ORDINANCE NO. 201 Qrdinance No. 201, An Ordinance To Amend The Amend Zoning Map , Pdunicipal Code Of Orono By Amending The Official Summit Station �Zoning Map Of The City Of Orono By Rezoning Block l, Herrick Circle Subdivision, Section 36, Township 118, Range 23, Frorn RR-1B to R-lA. riotion, Ayes (4) - Nays (0) . � . � � , _ REGULAR MEETING OF THE OROPJO COUNCIL, OCTOBER 11, 1977 Page 36 Mayor Van Nest moved, Pesek seconded, to adopt RESOLUTION #848 � Resolution #848, A Resolution Approving The Summit Station Plat Of Summit Station, as amended, adding #8. To he satisfied by a letter of credit in the amount of $1, 000, and striking out the words "as already received by the City" in item #7. Motion, Ayes (4) - Nays (0) . � t4ayor Van Nest moved, Pesek seconded, to approve AGREEPZENT the Agreement for Summit Station, as amended. Sur.unit Station Paragraph #2, strike out language "in accordance � with the operating and maintenance costs being charged from tir,ie to time by the City of Orono to other residential property owners within the City of Orono" and striking out all of paragraph #5. � i�4otion, Ayes (4) - Nays (0) . Butler moved, Pesek seconded, to authorize Mayor SIGN AGREEMENT Van PJest to sign Agreement, subject to applicants Summit Station signing of f. PZotion, Ayes (4) - Nays (0) . Pesek moved, Mayor Van Nest seconded, that the LICENSES following licenses, be approved: P�otion, Ayes (4) - Nays (0) . � Chaska Hardware - Plumber Southtown Plumbing, Inc. - Plumber & Sewer Hookup . Orlin Redepenning - Garbage Disposal Service Butler moved, Pesek seconded, that the All Funds BILLS Accounts 1441 through 1478, 5860 through 5903, 19591 through 19594 and Liquor Store Accounts � 12130 through 12168, be paid. P4otion, Ayes (4) - Nays (0) . Butler moved, Pesek seconded, that the meeting ADJOURNI�iENT be adjourned at 11: 40 P.P�. Motion, Ayes (4) - Nays (0) . f �� � ' � �z. � ��lilliam B. Van Nest, P'layor Attest: ��--�'�"d Walter Benson, Cler - dministrator �