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80-05-13 CITY OF MOUHD Mound, H ~nnesota AGENDA CM 80- 167 CM 80-170 Cl-~ 80-171 CH 80-169 C;-i 80- 172 CM 80-173 CM 80-168 MOUND CITY COUNCIL May 13, 1980 City Hall 7:30 P.M. Minutes. Pg. 1115-1120 Planning Commission Recommendations A. B. Co Pg. 1108-1114 Sign Permit - Lot 4, Block 6, Sylvan Heights Pi- 1105-1107 Non-conforming Use-Side Yard Variance - Lots 15 &'P/I6, Block 4, Shirley Hills Unit B Pg. 1102-1104 Street Front Variance - Part of Lots 18,19 & 20, Block I, Pembrokepg.ll00_l~0 Side Yard Variance - Lots 16 & P/14 & 15, Block 17, Devon pg. 1096-1099 E. Street Front & Side Yard Variance - P/Lot 17, Koehler's 2nd Addn.pg.1093_109~ F.' Subdivision of Land - Lots 26,27,28 & SWIy 35 feet of Lots 4, 5 & 6, Block 6, Shadywood Point Pg. 1090-1092 G. Sign Permit - Lot 1, Auditor's Subdivision 170 pg. 1088-1089 3. Street Construction - Drummond Pg. 1086-1087 4. Comments and Suggestions by Citizens Present (2 Minute Limit) 5. License Renewal Pg. 1085 6. Delinquent Utility Bills Pg. 1082-1084 7. Appointment - Housinq & Redevelopment Authority P~..1081 8. Trash Pickup Bids(Be Out Monday) 9. Assessments A. 1979 Street Assessment Pg. 1080 B. Deferred Assessment (Be out Monday) 10. Comprehensive Plan Pg. 1076-1079 ll. Payment of Bil.ls 12. Information Memorandums/Misc. Pg. 1058-1075 13. Committee Reports Page 1121 5-13-80 CITY OF MOUND Mound, Minnesota May 12, 19RO COUNCIL MEMORANDUM NO. 80-174 SUBJECT: Spring Clean-Up Bids Attached is a copy of a memorandum from the Public Works Director relative to Spring Clean-Up and bids for the pickup. The Public Works Director recommends that the bid of Westonka Sanitation be accepted for the Spring Clean-Up. 1132' CiTY of MOUND 5341 haAY'~','~-,OD ROAD MOU~'JD, MiNf';ESOTA 55364 (612) 472-1155 May 9, 1980 TO: FROM: SUBJECT: Leonard Kopp Public Works Director Spring Clean-Up The Public Works Department has set the date for our Spring Clean-up to begin om May 20, 1980. Ail informatiom will be published in the Laker during the week of MayL12th. We have received two prices from contractors to do the job. Illies& Sons will do it for $26.00 per hour per tandem truck, $10.00 per hour for laborers. The City will pay all dumping charges. Westonka Sanitation will do the job for a tlat fee of $4,000 which includes dumping charges. It is very hard to figure oUt low price with two different types of bids, but based on experience of the past pickups we came up with the following. Last spring the city trucks hauled 86 loads to the dump. Based on size of trucks we anticipate 40 tandem loads; The minimum dumping fee for a tandem is $20.00 at Woodlake, amounting to $800.00 minimum. We also figure 2 trucks each with a laborer for a price of $72.00 per hour. It is our opinion that it will take 6 days or 96 hours to complete in this manner. Cost adds up to the following total: trucks & laborers $4,416.00 dump $800.00 Total $5,216.00 If it should happen that they could complete it in five days the total would be $3,700.00 if all loads are kept to a minimum which I don't think can be done. The Public Works Department would recommend that the bid of Westonka Sanitation be accepted for Spring clean-up. Respectfully, 'R6bert S~nley Public Works Director RS/jcn /137 5-13-80 CITY OF MOUND Mound, Minnesota May 12, 1980 COUNCIL MEMORANDUM NO. 80-175 SUBJECT: Deferred Assessments Attached is a copy of a memerandum from the City Clerk-Treasurer relative to a deferred assessment. A resolution must be ado~edby the Council in order to defer this assessment. L-L/~on~rd L. Kopp /' ~ CtTY of MOUND 5341 MAY¥,tOO0 ROAD MOUtqC'~, MINNESOTA 55384 (6'12) 472-1155 May 9, 1980 TO: City Manager FROM: City Clerk/Treasurer SUBJECT: Deferred Assessments An application for deferment of special assessments has been applied for by a qualifying resident of Mound. The deferment requires Council approval by resolution. The County advises there is no specific deadline for deferring special assessments. The property in question is located at 2172 Noble Lane and the amount of the assessment is $5,268.90. Mary ~. Marske City Clerk/Tr.easurer 5-13-80 CITY OF MOUND Mound, Minnesota May 12, 1980 COUNCIL MEMORANDUM NO. 80-176 SUBJECT: Amendment - Metropolitan Council Grant Agreements Attached is a proposed amendment to the Planning Grants Agreement with the Metro Council. Authorization for the Mayor and Manager to sign the agreement is requested. Leonard L. Kopp ~ · J //3',.-/ . ()'f MOUND May 12, 15}80 53"1 ",IAYV/OOD F~OAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: FROH: RE: The City Manager The City Planner Amended Metropolitan Council Grant Agreements The attached agreement amendments are needed to reflect the $4,665 HUD Planning Grant we received. The amendments coordinate the $5,750 in 101 Fund funds, with $4,661 of Metro Council and $7,500 of HUD CDBG funds. l la. GRANT AGREEMENT BETWEEN THE METROPOLITAN (iO~NCIL AND THE CITY OF MOUND [~EREAS, the Metropolitan Council,'hereinafter referred to as the "Council,." and the City of Mound , hereinafter referred to-as the "Crantee" have previously entered into a grant agreement for a local planning assistance grant, Metropolitan Council Contract' No. 7820 dated February 7 ..,1978, and amended on .February 15 , 1979, hereinafter re.-erred to as the "Agreement," and %~q{EREAS, the State Planning Agency has awarded tiUD 701 planning assistance funds to the Grantee which will be used toward the preparation of its Comprehensive Plan required by the bletropolitan Land Planning Act. WHEREAS, the Grantee has found it necessary to modify its Work Program, identified as Appendix A, and its Funded Portion of the Work Program, identified as Appendix B, to coordinate the use of Council grant funds and HUD 701 grant funds. NOW TIIEREFORE, the parties hereto agree that the above-referenced agreement shall be amended in the following particulars: i. A new App'endix A, identified as ".~ended Appendix A" and attached hereto and made a part h~reof is substituted for the Appendix A of the original Grant Agreement. 2. A new Appendix B, identified as "Amended Appendix B" and attached hereto and made a pa':t hereof, is substituted for the Appendix B of the original Grant Agreement. Except as hereby amendud, the provisions of the above-referenced contrac,g shall remain in force and effect without change. IN WII'NESS WItEREOF, the parties hereto have caus,,d this ;,::ic.ndmea: t,. be executed on this day of , ].979. APPROVED AS TO LEGAL FOI~i AND ADEQUACY NETROPOLIT2~N COUNCIL By Cha [ r-man O£fico o17 Stat blatropolitat; Cot,nc[ l'itle: 3o METROPOLITA~COUNCIL Suite 300 Metro Square B: COMMUNITY GRANT APPLICATION City of Mound Name of ¢ommuniw Name of Lccal Contac~ Person Leonard L. Kopp, City Mana, ger Telephone Numbe~ 472- ! 155 .~, Work Pro,ram Outline the ma[or ~ and the total ~s of those ~ which mu~ be und~ken in erde~ to pm~ar~ or u~a=a the ~mmuniW's ~orah~si~ plan a~rding to im sV~S ~tement. and prepare and ~do~ i~ O~icial ~n~ols. The oudine should follow the fora: s~wn an the ~ck of ~is aDDli~don fo~. See attached 4o C. omp[ation Date E~l:imatedc;3mlale~iondateottheWorkProcjram Julq~ '], 1~8 December 1979 Pr~vio,,- Plann{ng Indicate whether this work program reflect3 the c:3~t of u:adating a :areviousl¥ precarecl plan and. if so. desr.~iba to what plan(s) will be u:iliz~u:~ in developing the community'~ Comprettensive Plan. The work program wi] ] encompass an update of/Hbund"s Comprehensive Plan that reflec=5 =he foundation of the ccmmunit¥'s growth. 6o amounts and ~urces of outside a~is~nce. CDBG Funds ~mdetermFned ~ Revenue Sharing - undetermined FILE ~pmcial Fund If the communiw wishe~ to aoply for ac~iviW that exist3 within or near your community :haz increase~ t~e total cos: to the community crf pre~3aring or u~dadng its comprehensive plan relative to other communities; (~) document as best as po~ibia how the feature or ac:ivlzy relat.=s :o ~ne funding criteria (V C ;3 of the Guidetinasj and how it inc~ea~r~ your co~; and (3) sate the amount toques:ecl and ;ndicaze where this amount is r~flected in the work 13ro(jram major t3~k co~ e~zimate~. 1. To d~velop a Comprehens~ive Plan to accomplish the goals of Iow and moderate income housing through implementation of housing objectives. 2. To develope a housing strategy relative to the needs of low and moderate income families within the City of Mound 3. The amount requested is $2,500.00 to further implement the work program ~ask documented in 3A Grant Amount(s) Reclue~t~¢l: a. Community CGm~reneqsiv~ Planning Fund entillement b. Inventory Activity Fund entitlemen~ c. $Oecial Pianning Froblems FunCs recue~z~t TOTAL' copy of :he re~olu:ion by the g3verning body transmitting :his a=Dlic.3:ion. 'Total Grant amount requestecJ, plus a~sistance from the counties out of :he Coun:y Assistance* :o Ftee~anOing Growth Can~r~ Fund or Inv~:o~ A~;vitt~ Funo, may not exceed 75% of the to:al co~ of :he work pr~g~m, or :ne :o~i cost to ~m~untty. 1,000 1,500 1,000 1,000 5OO 1,500 planning consultant I 500 ! Engineer .1,500 " ]planning consultant I 1 ........ ?_,.,o_o_o ............... I ................ "_ ....... ........ 2_,..ooo ........ j ............ " 2,000 J " 500 J staff ...... ~ ~.__~_._ _:Zr/./ .......................................................... c::,,:,c ...... ===;w 8,530 113o a major task_~s to be funded, !isn tN~_ -~'~c~,=~c. ..... activitv{~es), and cost (s) . . ;.:ajo~: Task(s) or Ac~ '~ to be Funded III B1 OffiCial Controls III B2 CIP IV Preparation and Adoption of Controls Cost $2,165 ~,000 500 Total Cost of FuT:ded '.raft's or Activi~':n .......... s $4,665 by · ,- . 54,665 5-13-80 CITY OF MOUND Mound, Minnesota May 12, 1980 INFORMATION MEMORANDUM NO. 80-44 SUBJECT: Special Assessments Discussion has been held with an appraiser to get preliminary appraisals and pictures on Seahorse and Three Points Boulevard in case our assessment is challenged. Cost of the appraisal is $40 per hour plus $300 for a court appear- ance. The appraiser being considered is Malcolm Watson. Leonard L. Kopp ~') ll,Z? AGENDA Minnehaha creek Watershed District May 15, 1980 Wayzata City Hall 7:30 p.m. Call to order; present, absent, staff. Reading and approval of minutes of regular meeting, April 17, 1980. Approval or amendment of May 15, 1980 agenda. Hearing of permit applications. A. 77-69. Walters Port Homeowners - permit extention, retaining wall repair, Walters Port Lagoon, Carman Bay-Lake Minnetonka, Orono. B. 78-52. F. Boyce - reinstatement of' grading/drainage permit "Arbordale," Minnetonka. C. 80-25. Design Management Construction Company, Inc. - revised grading/drainage plan, office building north side of Lake Street, 500 feet west of Barry Avenue, Wayzata. D. 80-26. P. Zuppke - dredging 4740 Manitou Road, Carman Bay-Lake Minnetonka, Tonka Bay.· E. 80-27. V. Gagne - shoreline rip-rap, Lake Minnetonka, Minnetrista. F. 80-28. E. Sylvestre - shoreline rip-rap, 3395 Hard- scrabble Road North, Lake Minnetonka, Minnetrista. G. 80-29. G. Walling - reconstruction of retaining wall, Minnehaha Creek, 5015 Wooddale Avenue, Edina. H. 80-30. City of Minnetonka - sanitary sewer adjacent to wetland, Big Willow Park, Minnetonka. I. 80-31. G. Hussman - grading/drainage plan for "Navarro," 24-unit development north of C.S.A.H. 15 West of Blaine Avenue, Orono. Correspsondence. // F Hearing of requests for petitions by public for action by the Watershed District. Reports of Treasurer, Engineer and Attorney: Treasurer's Report - Mr. Russell (1) Administrative Fund Report (2) Minnehaha Creek Improvement Project Fund Report Engineer's Report - Mr. Holmquist (1) Improvement Project UPdate (2) Wellhouse - Gray's Bay Damsite Attorney's Report - Mr. Macomber (1) Insurance Coverage (2) District Regulation Revision Unfinished Business. ae B. C. D. Bridge Obstruction at 11907 Cedar Lake Road District Regulation Revision Upper Watershed Storage and Retention Project Minnehaha Creek Improvement Project (1) Contract with Minnetonka Galpin Lake Storm Drainage Improvement Project New Business. Ad journment. MINUTES 0F THE REGULAR MEETING OF THE BOARD OF MANAGERS OF THE MINNEHAHA C'i~EEK WATERSHED DISTRICT April 17, 1980 The regular meeting of April 17, 1980, was called to order by Chairman Cochran at 7:40 p.m. at ~he Wayzata City Hall, Wayzata, Minnesota. Managers Present: Cochran, Lehman, Russell and Thomas. Manager Gudmundson arrived at 9:00 p.m. Also present were board advisors Holmquist, Fretheim and Macomber. Approval of Minutes The minutes of the regular meeting of March 20, 1980, were reviewed. Following discussion, it was moved by Russell, seconded by Lehman, that the minutes be approved as published. Upon vote the motion carried. Approval of Permit Applications The managers reviewed a written memorandum from the engineer dated April 10, 1980, summarizing the nature of the following applications, indicating that ~they comply with the standards of the district, and recommending approval on the terms and conditions as set forth in his written memorandum: D. Hansen - lake setback variance request, 2429 Black Lake Road~ Spring Park; Applica- tion No :~80-19. -- ..... ~ D.~Taylor - rip-rap shoreline, placement of ~ fill, Priest Bay-Lake Minnetonka, 5991 Ridge- wood Road, Mound; Application No. 80-22. ~ ~-~ Following discussion, it was moved by Russell, seconded by Lehman, that the above permits be approved and issued subject to all terms and conditions recommended by the engineer. Upon vote the motion carried. leaBue of minnesota cities May 8, 1980 TO: FROM: RE: Mayo[s, Managers, Councilmembers c/o~s Gary Grufman, League Energy Speciali~. V' LMC Energy Conservation Program Design and Implementation Competition The Minnesota Energy Agency has given a grant of $43,000 to the League of Minnesota Cities to sponsor an energy conservation program design and implementation competition. The purpose of this competition is to provide the opportunity and the incentive to local governments to develop and implement energy conservation programs in their comnunity. Entries are limited to League member cities with populations under 50,000. Entries will then be categorized into six groups by population. The chart below illustrates the way in which awards will be made: .Population No. of Awards ~.on~y Per Award 20,000 to 50,000 10,000 to 19,000 5,000 to 9,999 2,500 to 4,999 600 to 2,499 599 or less I $9,500.o0 I 8,000.00 I 6,000.00 2 4,000.00 3 3,000.00 2 1,000.00 To enter the competition and to be eligible for award prizes, you must complete the two parts of the entry process. The first step will be to fill out and mail to the League the enclosed "Intent to Enter" form before Ma__a~1980. Upon receipt of this form, the League of Cities will send an entry blank and fu~¥~¥r instructions on com- pleting your entry. The second step will be to submit the completed entry and your proposal for judging by July 15, 1980. Presentation of awards will take place some time in August, 1980. (OVER) 300 hd.,hover' [_~L;i!ding, 4~0_ c:t-~dar' street, saint pm,_~.l, rnirun(e,3ota 0510I [(~1 ~] ,0o_~¢~:=.,:.._, :~,...:*"~-:¢~ 1 VILLAGE OF MINNETONKA RESOLUTION # 1980-5 A RESOLUTION APPROVING THE RECONSTRUCTION OF THE ARCOLA BRIDGE WHEREAS, the Hennepin County Department of Transportation constructed the Arcola Bridge, #275-10 Federal Aid System ~5-63~4-3 during the summer of 1962 using construction materials and techniques that were consistent with construction standards at that time for the bridge, and WHEREAS, the construction materials and techniques utilized in the construction of the Arcola Bridge have proven inadequate to withstand the Minnesota climate conditions requiring the extensive use of salt and other chemicals, which has resulted in permature deterioration of the bridge deck, as well as the exterior surfaces of the bridge piers, and WHEREAS, the deterioration of the Arcola Bridge is now accelerating thus requiring the replacement of the entire bridge deck as well as repairs to the exterior surfaces of the bridge piers, and WHEREAS, the Hennepin County Department of Transportation has prepared plans and specifications for the letting of contracts for the reconstruction of the Arcola Bridge, and ~HEREAS, it has been determined that if the Arcola Bridge is closed during the reconstruction a detour would cost the general public $267,750 in additional energy consumption, and ~'~EREAS, the Cities of 0rono and Minnetonka Beach have determined that the closing of the Arcola Bridge to all vehicle traffic during the reconstruction period would constitute a public safety hazard because of the increased response time for police, fire and ambulance service. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of the Village of Minnetonka Beach does herby approve the reconstruction of the Arcola Bridge subject to the following conditions: / I ,,t.'.-I ARCOLA BRIDGE Page 2 )LUTION 1) That 'the reconstructed bridge deck does conform' and is consistent with two-lane Hennepin County #15 and the Tanager Lake Bridge allowing for a deck not wider than forty feet (40'). That the Hennepin County Department of Transportation is to keep at least one lane of traffic open during the entire reconstruction period and that in the event that the reconstruction project should be halted for any reason for more than one week, that the barricades shall be rearranged so that two lanes of traffic, one in each direction, shall be maintained until such time as the reconstruction project is resumed. That the Hendrickson Bridge not be reconstructed during the same construction year. That the ~L~yor of Minnetonka Beach and the City of Orono's City Administrator be included as active participants in the preconstruction meetings as well as all construction meetings during the re cons truc ti on pro J e c t. AND, BE IT FURTHER RESOLVED that this resolution be transmitted to the following: City of Spring Park City of Mound City of Minnetrista City of Tonka Bay Hennepin County Board of commissioners Hennepin County Department of Transportation State Senator George Pillsbury State Representative Robert Searles Me tropolitan Council Adopted by the City of the Village of Minnetonka Beach, Minnesota at a regular meeting held April 14, 1980. LOis John's6n~'i-~M~y6r ' Patricia Philli~, Recorder apartment homes 4363 WILSHIRE BOULEVARD * MOUND, MINNESOTA 55364 \'fi? TELEPHONE 472-4621 May 9, 1980 City of Mound 5341 Maywood Road Mound, Minnesota 55364 Attn: Leonard L. Kopp, City Manager Dear Mr. Kopp, In reference to your letter dated May 8, 1980 in regards to our recreational facilities at Bay Point Apartment Homes. We are not now and wilZ not allow any person that is not a resident or a guest of a resident to use our facility. The ad in the Sun Newspaper that you refer to was specifically used for promotional purposes for Apartment Rental! Very Sincerely, Rick Jabobson General Manager oON BEAUTIFUL LAKE MINNETONKA ~ REGULAR MEETING OF ~HE CITY COUNCIL May 6, 1980 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Hennepin County, Minnesota was held at 5341Maywood Road in said City on May 6, 198Oat 7:30 p.m. Those present were: Mayor Tim Lovaasen, Councilmembers.Robert Polston, Benjamin Withhart, Donald Ulrick and Gordon Swenson. Also present were City Manager Leonard L. Kopp, City Attorney Curtis A. Pearson, Assistant City Engineer Lyle Swanson and City Clerk Mary H. Marske. Acting Mayor Polston called the meeting to order. MINUTES The minutes of the meeting of April 15, 1980 were presented for consideration. Swenson moved and Ulrick seconded a motion to approve the minutes of the meeting of April 15, 1980 as submitted. The vote was unanimously in favor. The minutes of the meeting of April 16, 1980 were presented for consideration. Withhart moved and Swenson seconded a motion to approve the minutes of the meeting of April 16, 1980 as submitted. The vote was unanimously in favor. PUBLIC HEARING Rezoning - Lots 34-39, Auditor's Subdivision 167 The Mayor then reopened the public hearing for input on said RezOning - Lots 34- 39, Auditor's. Subdivision 167 and persons present to do so were afforded an op- portunity to express their views thereon. No persons presented objections and the Mayor then closed the public hearing. Ulrick moved and Swenson seconded a motion .. RESOLUTION 80-162 RESOLUTION TO REZONE LOTS 34, 35, 36, 37, 38 and 39, AUDITOR'S SUBDIVISION 167. The vote was unanimously in favor. Withhart moved and Ulrick seconded a motion RESOLUTION 80-163 RESOLUTION AUTHORIZING THE CITY STAFF TO NEGOTIATE A TEMPORARY PARKING AGREEMEMT FOR THE ADDITIONAL PARKING AREA NECESSARY The vote was unanimously in favor. The Mayor arrived at 7:45 p.m. Revenue Sharing The City Clerk presented an affidavit of publication in the offi'cial newspaper of the notice of public hearing on said Revenue Sharing. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor then opened the public hearing for input on said Revenue Sharing and per- sons present to do so were afforded an opportunity to express their views there- on. No persons presented objections and the Mayor then closed the public hearing. Withhart moved and Swenson seconded a motion RESOLUTION 80-164 ' RESOLUTION ADOPTING A · The vote was unanimously in favor. SHARING BUDGET Delinquent Utility Accounts The Mayor then opened the public hearing for input on said Delinquent Utility Accounts and persons present to do so were afforded an opportuni.ty to express their views thereon. No persons presented objections and the Mayor then closed the public hearing. Polston moved and Swenson seconded a motion RESOLUTION 80-165 RESOLUTION AUTHORIZING THE CITY STAFF TO TURN OFF WATER SERVICE TO DELINQUENT UTILITY ACCOUNTS The vote was unanimously in favor. PROCLAMATION - MUNICIPAL CLERK'S WEEK Withhart moved and Swenson seconded a motion RESOLUTION 80-166 RESOLUTION DECLARING MAY lO-16, 1980 MUNICIPAL CLERK'S WEEK The vote was unanimously in favor. The City Clerk presented a needlepoint map of the City of Mound to the Council. CITIZENS REQUESTS Ulrick moved and Lovaasen seconded a motion to request the Police Chief to meet with Three Points residents and examine prohibiting parking from midnight to 6:00 a.m. and encourage increased patrolling of the area. The vote was unanimously in favor. ICE ARENA Russ Peterson appeared before the Council to propose an ice arena. .Polston moved and Withhart seconded a motion RESOLUTION 80-167 RESOLUTION OF INTENT REGARDING ACQUISITION OF LAND, CONSTRUCTION OF A RECREATION CENTER AND LEASING OF SAID CENTER Roll call vote was unanimously in favor. INDUSTRIAL REVENUE BONDS - MS. DEE'S, INC. Polston moved and Withhart seconded a motion RESOLUTION 80-168 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF INDUSTRIAL REVENUE BONDS PURSUANT TO CHAPTER 474, MINNESOTA STATUTE TO PROVIDE FUNDS TO BE LOANED TO ORVILLE H. HUESBY AND DIANNE L. HUESBY FOR INDUSz TRIAL DEVELOPMENT PROJECT AND APPROVING LOAN AGREE- MENT, PLEDGE AGREEMENT, CONSTRUCTION LOAN AGREEHENT, COMBINATION MORTGAGE, SECURITY AGREEHENT AND FIXTURE FINANCING STATEMENT, LEASE ASSIGNHENT AND BUY AND SELL AGREEMENT The vote was unanimously in favor. STREET CONSTRUCTION .Lynwoo~ Alley . Lovaasen moved and Withhart seconded a motion to approve construction of Lynwoo~' Alley at an eighteen foot width.. The vote was four in favor with Pols~on abstaining. C. M. 80-130 Sulgrove Road Swenson moved and Ulrlck seconded a motion to construct Sulgrove Road to the · same specifications as all other city streets with no curb cuts on the Minnetrista side. Roll call vote was four in favor with Polston voting nay. . Clover Circle The Mayor then opened the public hearing for input on said Clover Circle and persons present to do so were afforded an opportunity to express their views thereon. The following persons offered comments or questions: Jack Watters, 2127 Forest Ln., Mrs. Trippler, 6101Lynwood Blvd., Lowell Allen, 2101 Clover Cir., Kathy Hiltsley, 2008 Clover Cir., Charles Chapman, 2113 Clover Cir., Mrs. F. ~eiland, 6045 Aspen Rd., Florence Horton, 6134 Clover Cir., Frank Weiland, 6045 Aspen Rd., Ken Musser, 6150 Clover Cir., Mrs. Brown, 6118 Clover Cir., Celine Walters, 2127 Clover Cir., Duane Norberg, 6015 Aspen Rd., John Beauchamp, 6029 Aspen Rd., Greg Howard, 6061 Aspen Rd. The. Mayor then closed the public hearing. Swenson moved and Ulrick seconded a motion to construct Clover Circle. The vote was unanimously in favor. Plans & Specifications - 1980 Street Improvements Polston moved and Withhart seconded a motion RESOLUTION 80-169 RESOLUTION WAIVING THE READING AND APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISING FOR BID FOR THE 1980 STREET IMPROVEMENTS The vote was unanimously in favor. Sewer Televi~iEg Withhart moved and Polston seconded a motion RESOLUTION 80-170 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISING FOR BIDS FOR TELEVISING SEWER LINES The vote was unanimously in favor. BIDS Park Improvement Bids PolsLon moved and ~ithhart seconded a motion RESOLUTION 80-171 RESOLUTION Ak4ARDING BID TO CENTRAL LANDSCAPING IN THE AMOUNT OF $49,806.25 The vote was unanimously in favor. 1117 .Road Materials .Polston moved and Lovaasen seconded a motion RESOLUTION 80-172 RESOLUTION AWARDING TO LOW BIDDERS FOR SEASON SUPPLY The vote was unanimously in favor. Tree Removal Lovaasen moved and Swenson seconded a motion RESOLUTION 80-173 RESOLUTION AWARDING TO LOW BIDDER FOR TREE REMOVAL The vote was unanimously in favor. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT No comments or suggestions were presented at this time. ISLAND PARK SIREN - POLICE COMMITTEE MINUTES Councilmember Swenson asked if the Island Park siren is functioning. The minutes of the Police Committee meeting were reviewed. The Baypoint Apartment Athletic Club was also discussed. PORTABLE BREATH TEST UNITS Withhart moved and Swenson seconded a motion RESOLUTION 80-174 RESOLUTION AUTHORIZING THE MAYOR AND MANAGER TO ENTER INTO AN AGREEMENT WITH THE STATE REGARDING PORTABLE BREATH TEST UNITS. The vote was unanimously in favor. CAR FOR POLICE RESERVE Withhart moved and Polston seconded a motion RESOLUTION 80-175 RESOLUTION AUTHORIZING THE USE OF ONE OF THE OLD POLICE SQUADS BY THE POLICE RESERVES The vote was unanimously in favor. URBAN CORPS AGREEMENT Withhart moved and Polston seconded a motion RESOLUTION 80-176 RESOLUTION AUTHORIZING THE MAYOR AND MANAGER TO ENTER INTO AN AGREEMENT WITH THE URBAN CORPS The vote was unanimously in favor. CAR WASH ORDINANCE U1Fick moVed and WithhaFt seconded a motion to diFect this item to the Planning Commission. The vote was unanimously in favor. SPECIAL ASSESSMENT GRANT - HUD FUNDS Withhart moved and Polston seconded a motion f t7 L RESOLUTION 80-177' RESOLUTION APPROVING THE OF ASSESSMENTS ON P.I.'D. 13-117-24-31-0028 AND ALSO AUTHORIZING ADJUSTMENT OF THE ASSESSMENT ROLL BY THE HUD GRANT The vote was unanimously i~ favor. CITY LAND - GARDEN Ulrick moved and Withhart seconded a motion RESOLUTION 80-178 RESOLUTION AUTHORIZING THE MAYOR AND MANAGER TO ENTER INTO A LEASE AGREEMENT FOR GARDEN USE OF CITY LAND The vote was unanimously in favor. LICENSES On & Off Sale Beer Licenses Swenson moved and Polston seconded a motion RESOLUTION 80-179 RESOLUTION APPROVING ISSUANCE OF ON SALE AND OFF SALE BEER LICENSES AS LISTED ON C.M. 80-152 AND C.M. 80-166 The vote was unanimously in favor. Restaurant, Bowling Lanes, Games of Skill & Juke Box Withhart moved and Lovaasen seconded a motion RESOLUTION 80-180 RESOLUTION APPROVING ISSUANCE OF RESTAURANT, BOWLING LANES, GAMES OF SKILL & JUKE BOX AS LISTED ON C.M. 80-153 AND C.M. 80-166 The vote was unanimously in favor. APPOINTMENT - HOUSING AND REDEVELOPMENT AUTHORITY,' Witbhart moved and Swenson seconded a motion to table this item. The vote was four in favor with Ulrick voting nay. DOCKS Dock Permit List No. 2 Swenson moved and Polston seconded a motion RESOLUTION 80-181 RESOLUTION APPROVING ISSUANCE OF DOCK PERMITS AS LISTED ON DOCK LIST NO. 2 The vote was unanimously in favor. Commercial Dock Permits Withhart moved and Swenson seconded a motion RESOLUTION 80-182 RESOLUTION APPROVING ISSUANCE OF PERMITS AS LISTED ON C.M. 80-163 The vote was unanimously in favor. TRA~SFER OF FUNDS ¥1ithhart moved and Swenson seconded a motion /11~, RESOLUTION 80-183~ RESOLUTION AUTHORIZING ~H~RANSFER OF CERTAIN' CITY FUNDS The vote was unanimously in favor. PAYMENT OF BILLS Polston moved and Withhart seconded a motion to approve payment of the bills as submitted on the prelist in the amount of $45,975.15 where f~nds are available. Roll call vote was unanimously in favor. ADJOURN~IENT Withhart moved and Polston seconded a motion to adjourn to the next regular meeting on May 13, 1980 at 7:30 p.m. The vote was unanimously in favor, so adjourned. L Mary H. Marske CMC, City Clerk/Treasurer Leonard L. Kopp, City Manager /'/ 5-13-80 CI Y OF MOUND Mound, Minnesota May 5, 1980 COUNCIL MEMORANDUM NO. 80-!67 SUBJECT: Planning Commission Recommendations Attached is a copy of the Planning Commission minutes. require Council action: Item 1. Sign Permit Lot 4, Block 6, Sylvan Heights Zoned - Industrial The following The Planning Commission recommended authorizing the proposed sign on the Tonka Building. Non-Conforming Use - Side Yard Variance Lot 15 and ½ of Lot 16, Block 4, Shirley Hills Unit B Zoned A-1 10,000 Square Feet The Planning Commission recommended approval of the side yard vari- ance. Note: In 1974 this property was granted a front yard vari- with a provision all other setbacks be met. 3. Tabled. Street Front Variance East ½ of Lots 18, 19 & 20, Block 1, Pembroke Zoned A-1 10,000 Square Feet The Planning Commission recommended a 6 foot street front variance for construction of a deck. The administration concurs. 5. Special Use Permit - Tabled. Side Yard Variance Lot 16 and Part of Lots 14 & 15, Block 17, Devon Zoned A-2 6,000 Square Feet The Planning Commission recommended a 4 foot side yard variance for a garage. The administration concurs. 7. Street Front & Side Yard Variance Part of Lot 17, Koehler's Second Addition The Planning Commission recommended granting a 3 foot front yard variance and a 1 foot side yard variance. The administration concurs. COUNCIL MEMORANDUM NO. 80-167 ?lanning Commission Recommendations - ?age 2 Item ~ Subdivision of Land Lots 26, 27, & 28 and SWly 35 feet. of Lots 4, 5 & 6, Block 6, Shadywood Point Zoned A-1 10,000 Square Feet The Planning Commission recommended the subdivision with these stipulations: 1. A survey be made and sent to the Council with the proposal. 2. That all side yards and set backs be met. The resulting lots will be 24,750 square feet, 14,520 square feet and 10,230 square feet. A search is being made to see if there are any deficient assessments. Sign Permit Lot 1, Auditor's Subdivision 170 Zoned - Commercial in C.B.D. The Planning Commission recommended a 4 foot by 14 foot sign on the front of the building and parallel with the building. -Leonard L. Kopp MINUTES OF THE MOUNDOVISORY PLANNING COMMISSION ME Air.il 28, 1980 Present: Chairman Russell Peterson; Commissioners Gary Paulseq, George Stannard, Margaret Hanson and Gerald Smith; Council Representative Robert Po]ston; City Manager Leonard L. Kopp; City Inspector Henry Truelsen and Secretary Marjorie Stutsman. MINUTES The minutes Of the Planning Commission meeting of April'lb, 1980 were presented for consideration. Hanson moved and Stannard seconded a'motion to accept the minutes of the April 14, 1980 meeting as presented. The vote was unanimously in favor. BOARD OF APPEALS 1. Sign Permit for Tonka Toys Lot 4, Block 6, Sylvan Heights John Profaizer, Plant Engineer Manager, was present. Smith moved and Polston seconded a motion to recommend approval for the sign. The vote was unanimously in favor. Side Yard Variance Lots 15 & S. ½ of 16, Block 4, Shirley Hills Unit B Joy & Shawn Featherston were present. Polston moved and Hanson seconded a moti'on to recommend approval of the side yard.variance as requested. All voted in favor except Stannard who voted nay. Stannard opposed as he felt it "no hardship" to move back to lO feet. Lot Size Variance Lot 6, Block 6, Shirley Hills Unit B Steve £oddon was present; also present was Shirley Topper, owner of Lot 7, who doesn't want a house built on Lot 6. Stannard moved and Smith seconded a motion to table for 30 days. The vote was unanimously in favor. Street Front Variance E. 1/2 of Lots 18, 19 & 20, Block'l, Pembroke Tim Torgrimson was present. Stannard moved and Smith seconded a motion to recommend approving a 6 foot variance. The vote was unanimously in favor. Special Use Permit for Self Service Car Wash Lot 30, Auditor's Subdivision # 167 Kenneth Patz and Harry Nasset were present regarding this permit. Copies of a proposed car wash ordinance were distributed to the Planning Commission. Smith moved and Hanson second, ed a motion to table consideration of permit to May 12th agenda to give Planning Commission a chance to look over the pending new ordinance. The vote was unanimously in favor. Planning Commission Minutes April 28, 1980 ~ 2 Side Yard Variance Lot 16 and Part of Lots 14 & 15, Block 17, Devon Larry Oman was present. Because this request follows ~he proposed ordinance, Stannard moved and Hanson seconded a motion to recommend accepting the v~riance request' and allow applicant to build 6 feet from side yard. The vote was unani- mously in favor, t Street Front and Side Yard Variances Part of Lot 17, Koehler's Second Addition Francis Nelson was present. Polston moved and Smith seconded a motion to recOmmend concurring with- the variance request. The vote was unanimously in favor. Subdivision of Land. Lots 26, 27, 28 & SWly 35 feet of Lot 4, 5 & 6, Block 5, Shadywood Point Kenrick Lindlan was present. Polston moved and Hanson seconded a motion to recommend approval of sub- division of land as requested with stipulation survey be made and sent to Council with proposal and that all sideyards and setbacks be met. The vote was unanimously in favor. Sign Permit - Meyers Interiors, Inc. 5571 Shoreline Boulevard Lot 1, Auditor's Subdivision # 170 Ted Ganzel of Ganzel Sign Company was present. Stannard moved and Smith seconded a motion to recommend approval of the sign. application. The vote was all in favor except Polston who voted nay. Polston thinks the signs in the downtown area are getting bigger and bigger; could get smaller. Smith moved and Polston'seconded a motion to adjourn. The vote was unani- mously in favor. L Note: Because of Memorial Day Holiday on May 26th, the next Board of Appeals will be held on Tuesday, May 27th. Attest: /111 AGENDA FOR MOUNO ADVISORY PLANNING COMMISSION MEETING April 28, 1980 7:30 P.M. Minutes of April 14, 1980 BOARD OF APPEALS 1 Tonka Toys, 5300 Shoreline Boulevard Lot 4, Block 6, Sylvan Heights - Sign Variance Map 5 Joy & Shawn Featherston, 5066 Avon Drive Lots 15 & S. ½ of 16, Block 4, Shirley Hills Unit B Non-conforming Use - Side Yard Variance - Map 8 Steve Coddon - Property Address-2531 Emerald Drive Lot 6, Block 6, Shirley Hills Unit B - Map 8 Lot Size Variance Timothy A. Torgrimson, 3091 Tuxedo Boulevard E. ½ of Lots 18, 19 & 20, Block l, Pembroke - Map 13 Street Front Variance Kenneth Patz - Property Address-2558 Commerce Boulevard Lot 30, Auditor's Subdivision 167 - Map 9' Special Use Permit for Self Service Car Wash Larry & Kathleen Oman, 4856 Hanover Road Lot 16 and Part of Lots 14 & 15, Block 17, Devon Side Yard Variance - Map 15 Francis C. Nelson, 5962 Lynwood Boulevard Part of Lot 17, Koehler's Second Addition Street Front and Side Yard Variances - Map 4 Kenrlck Lindlan, 1720 Resthaven Lane Lots 26, 27, 28 & the SWly 35 ft. of 4, 5 & 6, Block 5, Shadywood Point - Map 2 Subdivision of Land Ganzel Sign Company, 5571 Shoreline Boulevard Lot 1, Auditor's Subdivision # 170 - Map 5 Sign Variance /Ilo CITY OF MOUND Date: From: To: April 23, 1980 City Inspector Planning Commission Members Subject: Board of Appeals - 4-28-80 Tonka Toys - Sign Variance No comment. o Joy & Shawn Featherston - Non-conforming use - Side Yard Variance Lots 15 & S 1/2 of 16, Blk 4, Shirley Hills Unit B Previous resolution allowed a garage to be built on street front setback. There is no apparent problems for allowing the deck as proposed, that I can foresee. Steve Coddon - Lot size Variance Lot 6, Blk 6, Shirley Hills Unit B This area is zoned A-I, 10,000 square feet single family residence and I do not approve this undersized lot to become a building site as it would interrupt the continuity of this particular subdivision. Timothy A. Torgrimson - Street Front Variance E 1/2 of Lots 18, 19 & 20, Blk 1, Pembroke Can see no problem in allowing this 6 foot street front variance as the finished deck will still be 44 feet from property line at street. This would exceed the proposed street front setback of the new proposed zoning ordinance. e Kenneth Patz/Charles Bidwell - Special Use'Permit for Self Service Car Wash Lot 30, Auditor's Subd 167 This property was previously approved for a car wash. The City Engineer and I feel that this could be an advantageous service plus a good loca- tion for a car wash.. It would appear to be within the continuity of that area as a Commercial Use District as proposed by the change to Commercial Use by the City Planner. Larry & Kathleen Oman - Side Yard Variance Lot 16 & part of Lots 14 & 15, Blk 17, Devon Side yard setback requires 10 feet, proposal is 4 foot variance (6 ft sideyard). Due to unusual shape of lot it is impossible for the applicant to install a garage in a rear yard setback. I feel that proposed setback of 6 feet would be adequate and also in continuity with new proposed setback ordinance. Francis C. Nelson - Street Front & Side Yard Variance Part of Lot 17, Koehler's 2nd Add'n They have existing Non-conforming Use of a 1 foot side yard deficiency which was evidently permitted at the time house was constructed. Their proposal is to add a room to the front of existing structure with a bay window which would protrude some 3 feet into the street front setback. Board of Appeals -.4. -80 page 2 o Kenrlck Lind]an - Subdivision of Land Lots 26, 27 28 & Swly 35 ft of Lots 4,5 & 6 Blk 5 Shadywood Point Enclosed are minutes of the Pianning Commission Meeting of 3-31-77. ! don't nor do I understand the reason for that motion. The proposed sub division does meet the square footage requirements of the zoning of the area and the new site will have in excess of the required 75 feet street frontage. I really cannot see any reason for denying subdivision at this time nor could I at the time the motion was made 'in 1977. The stipulation I would like to have made with the granting of the subdivision, if it is granted, is that the applicant order a survey be made, hopefully to be completed before Council action. Ganzel Sign Co. - Sign Variance Lot 1, Auditor's Subd #170 No comment. HT/dd Henry Truelsen APP LICA TION F(~VA1RIANCE CITY OF iViOUND FEE $ ZONING 25.00 NAME OF A P P LI C AN T -]'7~'"~/KTM Te le phone :~-'J~c/ /7~, . .,~._~& ;/ Number ~tz~-fO~.~_ ADDITION' INTEREST IN PROPERTY _.~/~.0/9 ~' PLAT ,.~ 2 / 7 ~)... ,LOT ........... ~ B LOCK S',, iv, , FEE OWNER (if other than applicant) Addre s s TelePhone . Number VARIANCE REQUESTED: NOTE: FRONT YARD [ ,FT.] ACCESSORY iBUILDING FT.',i YARD _ LOT SIZE REAR[ [ LOTSQ. YARD FT- FOOTAGE 1, Attach a survey AND scale drawing showing location of proposed improvement in relation to lot lines, other buildings on property and abutting streets. Z. Give ownership and dimensions of adjoining property. Show approximate locations of all buildings, driveways, and streets pertinent to the application by extending survey or drawing. 3--. Attach letters from adjoining affected property owners showing attitude toward N. C. U. * or request. ~ II I ' ' t ' t · / I ,-. - . , ~ ~ ' '~ '1 -- ' I ' 'i~-- ,-~'--~ ..... - .,:~l-~ ' ' - - 1 : ..... ~ i'"".:~, Af huitdq~ permit must be appUed for within one 9ear from the date of the ~ ~ -. ~5 '- '~oancil ~esolution or vamance graded be~ ~s. nulI and void. ~ ,-,-:' '":' ':'~; .... :":":'?~ - .~, ~ / ~gn~re t L h' Xa Cou ss oN a CO: X ZIOX I DATE April 28, COUNCIL ACTION: RESOLUTION NO ....... DATE *non- conforming us e March 28, 1980 Mr.'Hank Truelsen City of Mound 5341Maywood Rd Mound Mn 55364 Dear Mr. Truelsen: Attached are two copies of the sign we propose to furnish and install for Tonka Toys. The sign will be located on the east end of the high wall as shown on our drawing. Each letter will be individually ligh~d with neon, aluminum construction with red plexi§las face's. Please look over the drawings and call me with a decision at your earliest convenience. Thank you. Si nc erely, NORDQUIST SIGN CO., INC. C. M. Lerberg ~/ 312 WEST LAKE STREET · MINNEAPOLIS, MINNESOTA 55408 · (612) 823-7291 ESTABLISHED 1904 APPLICATION F~ ,VARIANCE CITY OF MOUND NAME OF APPLICANT,. INTEREST IN PROPERTY FEE OWNER (if other than applicant) Addre s s ~---- ' Telephone Numb e r VARIANCE REQUESTED: FRONT YARD FT.j ACCESSORY[ B UI LDING YARD REAR YARD [ FT.I NO TE: LOT SIZE FTJ LOT SQ. 1. Attach a survey AND scale drawing showing location of proposed improvement in relation to lot lines, other buildings on property and abutting streets. Z_. Give ownership and dimensions, of adjoining property. Show approximate locations of ail buildings, driveways, and streets pertinent to the application by extending survey or. drawing. 3--. Attach letters from adjoining affected property owners showing attitude toward N. C. U.* or , ?, -/ re,q t. . OTHER (describe))~ ~./<~d z,~/,'. ~/~4~ ~~ ' REASON FOR REQUEST:' ~. ~/V~q. ~~.[ :~ ~) ~' ~ ~ ~ ._ _ y I; .... O' t' x : ~ -~%~5 A" biilldingipermit, must be applied for within one year from the date of the ..... council resolution or variance granted becomes null and void. i? g[}< V~-7~gnces are not transferable. PLANNING COMMISSION RECOMMENDATION Approval of the side yard variance. DATE April 28, 1980 Ill_ COUNCIL ACTION: RESOLUTION NO, DATE q :::non- conforming use '/o 74-37 2-12 -74 RESOLUTION NO. ?h-37 RESOLUTION GRANTING FRONT YARD VARIANCE (Lots 15, 16, Block 4, Shirley Hills Unit B) the o~,ner of Lot 15 and Part of Lot 16, Block 4, Shirley Hills Unit B has. requesbed a front yard variance in order to attach a garage to the front of his house, and .%?HERK~S ~ the Planning Commission has recommended that a front yard variance of lO feet be allowed provided no other variance is requested, N~, THE.REFORE, BE IT RESOLVED BY ~HE CITY COUNCIL OF MOUND, MOUND, MI~ESOTA: That a ten-foot front yard setback variauce be granted provided all other requirements are met. Adopted by the Council this 12th day of February, 1974. /.1 c_5 , APPLICATION F( VARIANCE -, CITY OF MOUND APPLICANT INTEREST IN PROPERTY FEE OWNER (if other than applicant) Addre s s Telephone_ Number ~ -~/-~ ~/ADDITION ZONING ~~ PROPERTY ~f~/~.j~...~zfl~/,. ^DDR .ss ?1 , PLAT ~Z~t~ , PARCEL Telephone Numb e r BUILDING NOTE: FT.,] YARD T: LOT SIZE 1, Attach a survey AND scale drawing showing' location of proposed improvement in relation to lot lines, other buildings on property and abutting streets, 2, Give ownership and dimensions of adjoining property, Show approximate locations of all buildings, driveways, REAR [ FT.] YARD N. C. U. '" or OTHER (describe) REASON FOR REQUEST: and streets pertinent to the application LOT SQ..~, ~y~/zz~ ~by extending survey or drawing, FOOTAGE/ I----~ ~_, Attach letters from adjoining affected property owners showing attitude toward request. 7Ai(,bUilding~~ permit must be applied for within one year from the date of the coancil re~olution or variance granted becomes null and void. :-' '~ :"~Variances are not tra~r~ble. ~ ./ , ..... ":'APPLICANT. ~~ W''~'9~''':~:'''''' DATE,,, f Signa~re PLANNING COMMiSSION RECOMMENDATION Approving a 6 foot street front variance. DATE April 28, 1980 "' COUNCIL ACTION: RESOLUTION NO.. DATE :::non- conforming use -~euu~[d pu~ .~o;e/,-mS puli -~ O~.~'~z Uo~I : o ,0~ = .t :eI~°S .7 · . APPLICATION F' VARIANCE CITY OF MOUND NAME OF APPLICANT ~)~o vL Telephone ADDRESS --w'--~ ~ PLAT 37 70 PARCEL ,LOT !Gm ~ucq INTEREST IN pROpERTY FEE OWNER (if other than applicant) Addre s s Telephone Numb e r VARIANCE REQUESTED: YARD FT. ACCESSORY B UI LDI NG NO TE: FT.] YARD REAR [ FT.I YARD LOT SIZE LOT SQ. FOOTAGE N. C. U.* or OTHER (describe) REASON FOR REQUEST: 1, Attach a survey AND scale drawing showing location of proposed improvement in relation to lot lines, other buildings on property and abutting streets. 2. Give ownership and dimensions of adjoining property. Show approximate locations of all buildings, driveways, and streets pertinent to the application by extending survey or drawing. ~_. Attach letters from adjoining affected property owners showing attitude toward request. permit must be applied for within one year from the date of the olution or variance granted becom~ null and void. ire not ~rans~rable. __ . ~k'~./ 3//~/ PL;fNNING- COMMISSION RE COMM ENDA TION applicant to build 6 feet from side yard. Accepting the variance request and allow DATE April 28, 1~80 couNCIL ACTION: RESOLUTION NO, DATE *:non- conforming use 946~ 'PUOl p!es uo ao ~oji 'Xue j! ~bU!pl!nq 11o to uo!lo~oI oql Jo pu~ poq!J3sop o^oq~ pueI oH& jo sa~aepunoq oq ~o Ac^aris e ~o uo!~elu~adoa ~ajao~ pu~ ana~ e s! s!qI l~ql X~!I~o~ Aqa~aq lie pu. 'uoaJaq~ 'Xue I 'uoAaff 'SI ~ooIff '9I qo~ Jo II~ pu~ ~I pu~ ?I s%o~ jo ~eaj ~9 q%nos eqi :MOI~IIDSZ~ ,Of = ,,I I I t NO~tl~ 9,~'jro, f lo A~p APP LI CA TION CITY OF MOUND NAME OF APPLICANT Address INTEREST IN PROPERTY ~'~[~J~0.6-' FEE OWNER (if other than applicant) Address /~7 (-7~ ~_~ , Telephone Number V.~NGE ILEQUES TED: NOTE: YARD ~ ~ FT:, BUILDING FT. SIDE I YARD / FT. LOT SIZE REAR I LOT SQ. YARD FT.i FOOTAGE N. C. U. * or OTHER (describe) %.,~,~/,%.~-f/~- REASON FOR REQUEST: FTJ 1. Attach a survey AND scale drawing showing location of proposed improvement in relation to lot lines, other buildings on property and abutting streets. 2. Give ownership and dimensions of adjoining property. Show approximate locations of all buildings, driveways, and streets pertinent to the application by extending survey or drawing. 3_. Attach letters from adjoining affected property owners showing attitude toward r~quest. "::-' _. ............... ~["b~llding! permit must be applied for within one year from the date of the cc~ancil resolution or Parlance grant~l becomes null and void. .. Signature : ] PLANNING COMMISSION RECOMMENDATION Concurring with the variance request. DATE April 28, !980 COUNCIL ACTION: RESOLUTION NO ........ DATE *non- conforming use ENGINEERS AND SURVE:YORS ~4mN. BO NINTH AVENU~ tOUTH CERTIFICATE OF SURVEY of ~ survey of ~he ~ou~ac~es of~ I ~ " ings~ ~reon, anE a~ vislb~e enc~achmenism if any f~m or 'on said t~d. As surveyed by mo APPLICATION FOR SUBDIVISION OF LAND Sec. 22.03-a VILLAGE OF MOUND FEE $' '~~'~--~ FEE OWNER ' Kenrick Lindlan 1720 Resthaven Lane Mound, MN 55364 PLAT /96' 13-117-24 11 0036 Location and complele legal description of property to be divided: Block 5 Shadywood POINT ZONiNG~'~' To be divided as follows: ~ building sites, square foot area of each new parcel designated by number) A WAIVER IN LOT SIZE IS REQUESTED FOR: New Lot No. From ,~ Square feet TO /~ ~'~<~ Square feet Reason: APPLICANT ~NO. This application must be signed by all the OWNERS of the property, or an explan- ation given why this is not the case. 'PLANNING --7 , { 'PO ' G I I /oll 't!~az coulC t,!'w: prop~rh~ b~ ~,p].~t !.~..,':t.) tx-;c ~ildin~ sibes; S'c~nnard ~etb~ck for bh~ r~st. Off the R~;tbava:'~ d~v~!o~[:~s~t, ~,e vote or per~J, ta orz required by r;[ty s't~t:,.t, es for- the · , . ~q~ ~ ~; ........ v*~ ~ ~h-. We~s~er pr~s,~,t'~t., "D~,:u~sion [ncl,:.d,~d: ~tructur~ height~ neighbor's qf gsr~.g:~ corner', , - Sb2. nn,-ord ~oved and Pate;;-son sec,.'.xnd.~d a motiuu to recc:.~end 9ra?ting him the variance ,.~...,,.-~ ..........~. , no,,~ng th~": the c~ty is ~", ,o ............~:,-.~: ,',.~..:~, ~>~t.'a ch:,:..cs~ abc. ') in ','-,'~ .-.tr~i.l,~r' unt~,, c. dditl, ,~,r,n ..... ................ '" ,,+ ~r,~ ~;it.h ............ L,,:~, ',:h;ch ';:~'l'i t?a ~o l.:.'t~rt.h:;~ !/I/~'0. H~ ~a~J.'t cover up the z,:',';-tr'u~i'z~r re;:" stor59:~ not t,~ "':'.'.'~ ' . APPLICATION F( VARIANCE CITY OF MOUND APPLICANT FEE ZONING PROPERTY '~-U~ LOT_ / Telephon j qN Z ;Z5 Number__ . ADDITION' PARCEL O ~ ~ o 13-117 - 3V ~._¢ ooo¥ BLOCK / ~/0 INTEREST IN PROPERTY FEE OWNER (if other .than applicant) Addre s s ~7 / ~'4J~(~6=o/~ -~I~0Y~ Telephone Numb e r VARIANCE PdEQUESTED: FRONT YARD FT.I ACCESSORYI B UI LDI NG YARD FT LOT SIZE YARD FT. FOOTAGE NOTE: FT, i FT.I N. C. U. "'-,- or OTHER (describe) REASON FOR REQUEST: _1. Attach a survey AND scale drawing showing location of proposed improvement in relation to lot lines, other buildings on property and abutting streets. .2. Give ownership and dimensions of adjoining property. Show approximate locations of ail buildings, driveways, and streets pertinent to the application by extending survey or drawing. ~_. Attach letters from adjoining affected property owners showing attitude toward request. lit; ....... r..o - A braiding,permit must be apphed for w~thin one year from the date of the . .:.. ,;-/' PLANNING COMMISSION RECOMMENDATION Approval of the sign application. DATE April 28, 1980 COUNCIL AC TION: RESOLUTION NO.., DATE :::non- conforming use I it- I O?~' 5-13-2.0 CITY OF MOUND Mound, Minnesota May 7, 1980 COUNCIL MEMORANDUM NO. 80-170 SUBJECT: Street Construction - Drummond At the street planning meeting, the Council directed that Drummond should be constructed as follows: "Drummond Road would be 28 feet wide from Roxbury Lane to Amhurst Lane. Don't put in part from Amhurst east. No curb cut. No new storm sewer on part east of Amhurst.'? The people living west of Amhurst have asked to be heard about con- structing the section between Amhurst and Roxbury. This will be on the May 13th agenda. Leonard L. Kopp cc: Engineer Lori Nelson CITY OF MOUND Mound, Minnesota May 8, 1980 COUNCIL MEMORANDUM NO. 80-171 SUBJECT: License Renewal The following license renewal has been received: Restaurant - The Health House, 5307 Shoreline Boulevard -'Ie~nard L. Kopp -- 5T13-80 CITY OF MOUND Mound, Minnesota May 7, 1980 COUNCIL MEMORANDUM NO. 80-169 SUBJECT: Delinquent Utility Bills Attached is a list of past due water and sewer accounts. These accounts are over six months past due and should be turned off for non-payment. In order to turn off the water, the Council should hold a public hearing. A suggested date for the public hearing would be June 3. ~ard L. Kopp ' K ACCOUNT NUMBER 33-418-2617-41 33-427-2651-41 33-439-4719-21 33-439-4751-51 33-439-4919-81 33-439-5001-41 33-442-4541-41 33-460-4664-61 33-463-4705-11 33-463-4739-O1 33-463-4840-61 33-475-4610-71 33-475-4626-31 33-475-4684-21 33-478-2854-71 33-484-4610-91 33-484-4701-61 33-484-4708-11 33-500-4429-71 33-5OO-4440-41 33-554-3065-71 33-593-4866-51 33-593-5121-41 33-596-4908-81 DELINQUENT, UTILITY BILLS (over six months old) AMOUNT $ 57.62 46.91 40.32 45.O0 38.60 49.60 5-5-80 55.33 36.6O 81.25 82.00 231.O0 44.40 55.36 36.60 76.36 49.60 53.72 77.88 71.O7 41.80 37.81 54.94 47.58 126.20 (1) /o2J · 5-5-8O DELINQUENT UTILITY (over six months £.ONTINUED BILLS old) ACCOUNT NUMBER 33-620-4828~61 33-620-4829-41 33-638-3243-11 AMOUNT 70.77 36.64 51.20 $1,696.16 (2) 5-13-80 CITY OF MOUND Mound, Minnesota May 9, 1980 COUNCIL MEMORANDUM NO. 80-172 SUBJECT: Appointment - Housing and Redevelopment Authority The subject matter was tabled until the May 13 meeting (see Council Memorandum 80-160). A letter advising all boards and commissions of the Council's policy has been sent. The members of the Housing Authority are: Eldo Schmidt Johan Berge Helen Eugster Robert McClellan Carlton Gustafson (to be replaced) Term Expires August 29, 1984 August 29, 1980 August 29, 1982 August 29, 1983 August 29, 1981 5-13- CITY OF MOUND Mound, Minnesota May 9, 1980 COUNCIL MEMORANDUM NO. 80-173 SUBJECT: 1979 Street Assessment In error, one parcel of property~ PID # 13~117~24 13 0036 was assessed for street in 1979 while P!D # 13-117-24 13 OO35~".Lots 14 & 15, Block 14, Dreamwood, was not assessed. The problem was a typographical error in typing the P!D number 0036 instead of 0035. In order to correct this, two resolutions are needed; 1. A resolution cancelling the $2,592.74 assessment placed against PID # 13-117-24 13 0036. A resolution calling for an assessment hearing to assess PID # 13-117-24 13 0035 for $2,592.74, June 10th is the hearing date recommended. rd L. Kopp ~' /o '.. 5-~3-80 CITY OF MOUND Mound, Minnesota May 7, 1980 COUNCIL MEMORANDUM NO. 80-168 SUBJECT: Comprehensive Plan The Planner wishes to discuss the comprehensive plan (see memo attached). This will be listed on the May 13 meeting with the intent that a great deal of time can be spent on this discussion. Le;onard L. Ko~/ · CITY OF MOUND Mound, Minnesota April 28, 1980 TO: FROM: RE: City Manager City Planner Establishment of City Council Meeting Time to Review Major Planning Items Significant progress has been made in advancing a number of individual plan- ning programs which need City Council review. ! would appreciate it if an hour or two block of time may be reserved at the May 13th Council meeting. Programs i~ems to review: 1. Planning Commission's recommended zoning/land use update plan. 2. Parks plan as reviewed by Park Commission. 3. Housing plan, plus opportunities to participate in upcoming housing grant programs. 4. How and when to start our downtown planning program sometime this summer. 5- Transportation plan and major policy direction of county road upgradings. 6. CDBG program update and review of old. projects needing amend- ment if necessary. Chuck Riesenberg CITY OF MOUND ZONING ORDINANCE DRAFT FOR DISCUSSION PURPOSES ONLY MAY 1 g80 MOUND ZONING CODE OUTLINE SECTION Page 1. TITLE ................................ I 2. INTENT AND PURPOSE ......................... 1 3. RULES AND DEFINITIONS 4. GENERAL PROVISIONS .......................... 13 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 Application .......................... 13 Separability .......................... 13 Existing Lots .......................... 13 Non-Conforming Uses ........................ 13 Zoning Coordination ....................... 14 Zoning and Land Use Plan ........ ~ ........... 15 Accessory Buildings ........................ 15 Required Yards and Open Space .................. 16 Access Drives and Access .................. 18 Property Abutting County Road .................. 19 Minimum Floor Area Required ................... 19 Essential Services ....................... 19 Planned Development Area .................... 19 Docks Serving Commercial Property ................. 22 Minnesota Environmental Quality Board Regulations ......... 22 5. ADMINISTRATION ........................... 23 501 Enforcing Officer ........................ 23 502 Appeals and the Board of Adjustment and Appeals .......... 23 503 Planning Commission ....................... 24 504 Zoning Amendments .' ....................... 24 505 Conditional Use Permits ...................... 26 506 Variances ............................ 30 507 Permits ............................. 32 6. DISTRICT PROVISIONS . . 32 601 602 603 604 605 610 620 625 630 635 640 650 655 Wetland Overlay Zoning Districts ......................... 32 Zoning Map ........................... 32 District Boundaries . 32 Single-Family Residential (R-l) ................... 33 Single-Family Residential (R-2) .................. 35 Two Family Residential (R-3) ................... 36 Multi-Family Residential (R-4) ................. 38 Central Business (B-l) .................. 43 General Business (B-2) ................... 44 Neighborhood Business (B-3) .................... 46 Light Industrial (I-l) ..................... 47 Floodplain Overlay ....... ................. 48 ......................... 58 SECTION 7. PERFORMANCE STANDARDS .................... P, age 59 701 Purpose ........................ 59 702 Exterior t rage ......................... 59 703 Refuse ............................... 59 704 Screening ............................ 60 705 Landscaping'Maintenance ...................... 60 706 Glare ................................ 60 707 Bulk Storage ........................... 61 708 Nuisances ........................ 61 709 Dwelling Units ~roh~bit;d ..................... 62 710 Relocating Structures ....................... 62 711 Soil Erosion Control ....................... 63 713 Tree and Woodland Preservation .................. 65 714 Traffic Control ......................... 65 715 Vacated Streets ......................... 66 716 Parking ................. 66 717 Off-Stree~ ~o~d~nj ~nJ ~n~o~di'n~ ................. 69 718 Auto Service Stations ...................... 69 719 Drive-In Business Development Standards .............. 71 730 Offices in Multi-Family District {A-4) .............. 72 731 Car Washes ........................... 73 8. ENFORCEMENT .............................. 75 9. SUPREMACY AND EFFECTIVE DATE ...................... 76 TNE CITY OF MOUND ZONING ORDINANCE 101 AN ORDINANCE REGULATING THE USE OF LAND IN MOUND BY DISTRICTS INCLUDING THE REGULATIONS OF THE LOCATION, SIZE, USE, AND NEIGNT OF BUILDINGS, TNE ARRANGEMENT OF BUILDINGS ON LOTS, AND THE DENSITY OF POPULATION FOR THE PURPOSE OF PROMOTING TNE PUBLIC NEALTN, SAFETY, ORDER, CONVENIENCE, AND GENERAL WELFARE OF THE CITIZENS OF MOUND. THE MOUND CITY COUNCIL DOES ORDAIN AS FOLLOWS: SECTION 1. TITLE This Ordinance shall be known, cited, and referred to as the Mound Zoning Ordinance. SECTION 2. INTENT AND PURPOSE 201 This Ordinance is adopted for the purpose of 301 (1) protecting the public he~tth, safety, morals, comfort, convenience, and general welfare. (2) promoting orderly development of the residential, commercial, industrial, recreational, and public areas. (3) conserving the natural and scenic beauty and attractiveness of the city. (4) conserving and developing natural resources. (5) providing for the compatibility of different land uses and the most appropriate use of land throughout the City. SECTION 3. RULES AND DEFINITIONS Rules The language set forth in the text of this Ordinance shall be interpreted in accordance with the following rules of construction. (1) The singular number includes the plural and the plural the singular. (2) The present tense includes the past and future tenses, and the future the present. (3) The word "shall" is mandatory, and the word "may" is permissive. (4) The masculine gender includes the feminine and neuter genders. (5) Whenever a word or term defined hereinafter appears in the' text of this Ordinance, its meaning shall be construed as set forth in such definition. (6) All measured distances expressed in feet shall be to the nearest tenth of a foot. In event of conflicting provisions, the more restrictive provision shall apply. -1- 302 Definitions The following words and terms, whenever they occur in this Ordinance, are defined as follows: (1) Accessory Use of Structure - A use or structure or portion of a structure subordinate to and serving the principal use structure on the same lot and customarily incidental thereto. (2) Administrator - The duly appointed person charged with enforcement of this Ordinance. (3) Alley - a public right-of-way which affords a secondary means of access to abutting property. (lO) (11) (4) Automobile Repair, Major - the general repair, rebuilding, or reconditioning of engines, motor vehicles or trailer, including body work, frame work and major painting service. (5) Automobile Repair, Minor - the replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine, transmission or differential; inCidental body and fender work, minor painting and upholstering service when said service above is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross vehicle weight. (6) Basement - a portion of a building located partly underground but having half or more of its floor-to-ceiling height below the average grade of the adjoining ground. (7) Bluffline - A line along the top of a slope connecting the points at which the slope becomes less than 12%. This applies to those slopes within the land use district(s) which are beyond the setback provisions from the ordinary high water mark. (8) Boarding house (Rooming or Lodging House) - A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for three or more persons, but not to exceed twenty persons. (9) Boathouse - A one (1) story structure not to exceed 15 feet in height for the purpose of storage of boats and accessories, the top of which may be used as an enclosed deck with safety railing. Building - Any structure having a roof which.may provide shelter or enclosure of persons, animals, chattel, or property of any kind and when said structures are divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. Building Line - A line parallel to the street right-of-way line at any story level of a building and representing the minimum distance which all or any part of the building is set back from said right-of-way line. (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (27) Building Line, Shoreland - A line measured across the width of the lot where the main structure is placed in accordance with setback provisions from the ordinary high water mark. Building Height - The vertical distance to be measured from the average grade of a building line to the top, to the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof. Building Setback - The minimum horizontal distance between the building foundation wall and a lot line. Business - Any occupation, employment, or enterprise wherein merchandise is exhibited or sold, or where services are offered for compensation. Carport - An automobile shelter having one or more sides open. Car Wash, Type A - Coin operated self-service. A coin .operated, self-service car wash is defined as a car wash where a person washes the car himself after-depositing a coin in B machine for the use of water. Car Wash, Type B - Automatic Drive-through. An automatic drive-through is defined as a car wash where the person dirves the car through the wash and machines clean the car. Car Wash, Type C - Automatic Conveyor. An automatic conveyor is defined as a car wash where the car is attached to a conveyor and proceeds through the line and is washed by machines and men. Church - A building, together with its accessory buildings and uses, where persons regularly assemble for religious'worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. Clear-cutting'- The removal of an entire stand of vegetation. Commercial recreation - recreational facilities such. as bowling alleys, tennis courts, race tracks, etc., constructed and operated by private enterprise. Clustering/Cluster Housing - The development of a pattern or technique whereby structures are arranged in closely related groups to make the most efficient use of the natural amenities of the land. Comprehensive Plan or Policies - A compilation of goals, policy statements, standards, programs, and maps for guiding the physical, social, and economic development, both public and private, of the county and its environs, as '.defihed in the Minnesota City Planning Act, and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof. Commissioner ' Commissioner of the Department of Natural Resources Community Residential Facility - A State licensed group home or foster home serving mentally retarded or physically handicapped persons. Conditional Use - A use classified as conditional generally may be appropriate or-desirable in a specified zone, but requires special approval-because if not carefully located or designed it may create special problems such as excessive height or bulk'or abnormal traffic congestion. -3- Condominium - of individual owernship w a multi-family building with joint responsibility for maintenance and repairs. In a condominium, each apartment or townhouse is owned outright by its occupant, and each occupant owns a share of the land and other common property of the building. (~9) Cooperative - A multi-unit development operated for and owned by its occupants. Individual occupants do not own their specific housing unit outright as in a condominium, but they own shares in the enterprise. {30) County Board - Nennepin County Board of Commissioners (31) Curb Level - The grade elevation established by the governing body of the curb in front 6f the center of the building. Where no curb level has been established, the engineering staff shall determine a curb level or its equivalent for the purpose of this Ordinance. {32) Drive-In - Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where fast service to the automobile occupants is a service offered regardless of whether service is also provided within a building. (33) Dwelling Unit - A residential building or portion thereof intended for occupancy by a single family but not including hotels, motels, boarding or rooming houses or tourist homes. (34) Dwelling Attached - A dwelling which is joined to another dwelling at one or more sides by a party wall or walls. (35) Dwelling Detached - A dwelling which is entirely surrounded by open space on the same lot. (36) Dwelling, One-Family - A building designed exclusively for and occupied exclusively by one {1} family. (37) Dwelling, Two-Family - A building designed exclusively for or occuPied exclusively by no more than two {2} families living independently of each other. (38) Dwelling, Multiple-Family, Townhouse - A building designed exclusively for or occupied exclusively for occupancy by between three {3) and six (6) families living independently of each other. Each dwelling unit is attached horizontally in a linear arrangement with private front and rear entrances. Each dwelling uhit must be separated from other dwelling units by a fire wall or walls extending from foundation through the roof with no openings. Each dwelling unit shall have a totally exposed front and rear wall to be used for entry, light, and-ventilation. (39) Dwelling,. Multiple-Family - A building designed exclusively for or occupied.exclusively by three (3) or more families living independently of each other. (40) Easement - A grant by a property owner for the use of a strip of land by the public or any person for any specific purpose or purposes. (41) Essential Services - Overhead or underground electric, gas, communi- cation, steam or water transmission or distribution systems and structures, by public utilities or governmental departments or commissions or as are required for protection of the public health, safety, or general welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, and accessories in connection therewith, but not including buildings. (42) Exterior Storage (Includes Open Storage) - The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building. (43) Family - One or two persons or parents, with their direct lineal descendants and adopted or legally cared for children ( and including the domestic employees thereof) together with not more than two persons not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional group of four or less persons living in such housekeeping unit shall be considered a separate family for the purpose of this Ordinance. (44) Fence - A fence is defined for the purpose of this Ordinance as any partition, structure, wall or gate erected as a dividing marker, barrier or enclosure and located along the boundary, or within the required yard. (45) Flood - A temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel. (46) Flood Frequency - The average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equaled or exceeded. (47) Flood Fringe - That portion of the floodplain outside of the flood- way and which has been or hereafter may be covered by the regional flood. (48) Flood Plain - The areas adjoining a watercourse which have been or hereafter may be covered by the regional flood. (49) Flood Proofing - A combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. (50) Floodway - The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood. Floor Area - The sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to a particular use, including accessory storage areas located within selling or working space and including any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, the floor area shall not include: basement floor area other than area devoted to retailing activities, the production o~ processing of goods, or to business or professional offices. (519 -5- (52) Floor Area Ratio - The numerical value obtained through dividing the gross floor area of a building or buildings by the net area of the lot or parcel of land on which such building or buildings are located. {53) Floor Plan, General - A graphic representation of the anticipated utilization of the floor area within a building or structure but not necessarily as detailed as construction plans. (54) Frontage - That boundary of a lot which abuts an existing or dedicated public street. (55) Garage, Private - An accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises. (56) Governing Body - Mound City Council (57) Group Home, Residential - A building or structure where persons reside for purposes of rehabilitation, treatment, or special care, and which is not a Community Residential Facility as defined herein. Such persons may be orphaned, suffer chemical or emotional impairment, or suffer social maladjustment or dependency. (58) Highway - Any public thoroughfare or vehicular right-of-way with a Federal or State numerical route designations; any public thorough- fare or vehicular right-of-way with a Hennepin County numerical route designation. (59) Home Occupation - Any gainful occupation or profession engaged in by the occupant of a dwelling at or from the dwelling when carried on within a dwelling unit and not in an accessory building provided that no signs other than those normally utilized in a residential district are present, no stock in trade is stored on the premises, over-the- counter retail sales are not involved, and entrance to the home occu- pation is gained from within the structure. Such uses include profes- sional offices and minor repair shops, or similar uses. (60) Hotel - A building which provides a common entrance, lobby, halls and stairway and in which twenty or more people are, for compensation lodged with or without meals. (61) Kennel - Any structure or premises on which four (4) or more dogs over four (4) months of age are kept for sale, breeding, profit, etc. (62) Landscaping - Planting such as trees, grass, and shrubs. (63) Lodging Room - A room rented as sleeping and living quarters, but without cooking facilities. In a suite of rooms, without cooking facilities, each room which provides sleeping accomodations shall be counted as one lodging room. (64) Lot - A parcel or portion or land in a subdivision or plat of land, separated from other parcels or portions by description as on a sub- division or record of survey map, for the purpose of sale or lease or separate use theredf. -6- (65) Lot of Record - Any lot which is one unit of a plat heretofore duly approved and filed, or one unit of an Auditor's Subdivision or a Registered Land Survey that has been recorded in the office of the County Recorder for Hennepin County, Minnesota, prior to December 4, 1945. (66) Lot Area, minimum - The area of a lot in a horizontal plane bounded by the lot lines, but not including any area occupied by a floodplain as designated on the adopted HUD/DNR Floodplain Map or area occupied by a wetland.as designated in sections 650 and 655. (67) Lot, Corner - A lot situated at the junction of, and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed one hundred thirty-five degrees. (68) Lot Depth - The mean horizontal distance between the front lot line and the rear lot line of a lot. (69)-Lot Line - The property line bounding a lot except that where any portion of a lot extends into the public right-of-way shall be the lot line for applying this Ordinance. (70) Lot Line Front - That boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front line shall be designated by the owner and filed with the City Council. (71) Lot Line Rear - That boundary of a lot which is opposite the front lot line. If the rear line is less than ten feet in length, or if the lot.forms a point at the rear, the rear lot line shall be a line distance from the front lot line. (7lB) Lot, Lakeshore - A lot abutting public water maintaining a substantially parallel street. On a lakeshore lot, special shoreland setback regulations shall apply. (72) Lot Line Side - Any boundary of a lot which is not a front lOt line or a rear lot line. (73) Lot Substandard - A lot of record which does not meet the minimum lot area, structure setbacks or other dimensional standards of this Ordinance. (.74) Lot, Throuqh - A 10t wh-~ch haS]a pa~ of opposite lines abutting-two substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lines for applying this Ordinance. (75) Lot Width - The maximum horizontal distance between the Side lot lines of a lot measured within the first thirty feet of the lot depth. (76) Metes and Bounds - A method of property description by means of their direction and distance from an easily identifiable point. (77) Motel (Tourist Court) - A building or group of detached, semi-detached, or attached buildings containing guest rooms or dwellings, w~th garage or parkin9 space conveniently located to each unit, and which is designed, used, or intended to be used primarily for the accomodation of automobile transients. . (78) Motor Fuel Station - A retail place of business engaged primarily in the sale of motor fuels, but also may be engaged in supplying goods and services generally associated with the operation and maintenance of motor vehicles. These may include sale of petroleum products, sale and servicing of tires, batteries, automotive accessories, and replacement of items, washing and lubrication services; and the performance of minor automotive maintenance and repair. (79) Motor Fuel Station, Convenience Store - A store operated in conjunction with a motor fuel station for the purpose of offering for sale goods not essential to the motoring public. (8o) (81) (82) Nursery, Landscape - A business growing and selling trees, flowering and decorative plants and shrubs and which may be conducted within a building or without, for the purpose of landscape construction. Nursing Home - A building with facilities for the care of children, the aged, infirm, or place of rest for those suffering bodily disorder. Said nursing home shall be licensed by the State Board of Health as provided for in Minnesota Statute, Section 144.50 Noxious matter or materials - Material capable of causing injury to living organisms by chemical reaction, or capable of causing detrimental effects on the physical or economic well-being of individuals. (A3) Obstruction - Any dam, wall, whart, enbankment, levee, dike pile, abutment, projection, excavation, channel rectification, culvert, building, wire, · fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that-is placed where the flow of water might carry the same downstream to the damage of life or property. (84) Official Map - The map established by the governing body in accordance with the City Planning Act, (MSA 462.354), showing streets, highways, parks and drainage, both existing and proposed. (85) Off-Street Loading Space - A space accessible from a street, alley or drive- way for the use of trucks or other vehicles while loading or unloading merchandise or materials. Such space shall be of size as to accommodate one vehicle of the type typically used in the particular business. (86) Open Sales Lot (Exterior Storage) - Any land used or occupied for the purpose of buying and selling goods, materials, or merchandise and for the storing of same under the open sky prior to sale. -8- (88) (89) (90) (91) (92) (93) (94) (95) (96) (97) ~9~) (99) Ordinary Highwater Mark - A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. In areas where the ordinary high water mark is not evident, setbacks shall be measured from the stream bank of the following water bodies that have permanent flow or open water: the main channel, adjoining side channels, backwaters and sloughs. Parking Space - A suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficient size to store one standard automobile. Pedestrian Way - A public or private right-of-way across or within a block, to be used by pedestrians. Performance Standard - Criterion established to control noise, odor, toxic or noxious matter, vibration, fire or explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. Planning Commission - The Planning Commission of the City of Mound. Principal Structure or Use - One which determines the predominant use as contrasted to accessory use or structure. Property Line - The legal boundaries of a parcel of property which may also coincide with a right-of-way line of a road, cartway, and the like. Protective Covenant - A contract entered into betwee~ p~ivate parties which constitutes a restriction of the use of a particular parcel of property. Public Land - Land owned or operated by municipal, school district, county, state or other governmental units. Reach - A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge cross- ings would most typically constitute a reach. Recreation, Public - Includes all uses such as tennis courts, ball fields, picnic areas, and the like that are commonly provided for the public at parks, playgrounds, community centers, and other sites owned and operated by a unit of government for the purpose of providing recreation. Recreation - Commercial - Includes all uses such as bowling alleys, driving ranges, and movie theaters that are privately owned and operated with the intention of earning a profit by providing entertainment for the public. Recreation Equipment - Play apparatus such as swing sets and slides, sandboxes, poles for nets, unoccupied boats and trailers not exceeding twenty feet in length, picnic tables, lawn chairs, barbecue stands, and similar equipment or structures but not including tree houses, swimming pools, play houses exceeding twenty-five square feet of floor area, or sheds utilized for storage of equipment. -9- (100) Registered Land Survey - A survey map of registered land designed to simplify a complicated metes and bounds description, designating the same into a tract or tracts of a Registered Land Survey Number. See Minnesota Statutes'508.47. {101) Regional Flood - A flood which is representative of large floods known~ to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 year recurrence interval. (102) Regulatory Flood Protection Elevation - A point not less than three feet above the water surface profile associated with the regional flood plus any increases in flood heights attributable to encroachments on the floodplain. It is the elevation to which uses regulated by thi~ .... ~ Ordinance are required to be elevated or flood proofed. (103) Restaurants (Class I). Traditional Restaurant - Food served and consumed by a customer while seated at a counter Or table and the restaurant does not serve intoxicating liquor or provide live entertainment. Cafeteria: Food is selected by a customer while going through a serving line and taken to a table for consumption. ~ {104) Restaurants (Class II). Fast Food, Convenience, Drive-in and Liquor Service Restaurants - A restaurant where a majority of customers order and are served their food at a counter in packages prepared to leave the premises, or able to be taken to a table, counter, automobile, or off the premises to be consumed; or a drive-in where most customers consume their food in an automobile regardless of how it is served; or restaurants which serve intoxicating liquor or have live entertainment. (105)~Road - A public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place or however otherwise designated. Ingress and egress easements shall not be considered roads. il06)'Selective Cutting - The removal of single scattered trees. ~1~7) Shoreland Setback - The minimum horizontal distance between a structure and the normal high water mark. (108) Street - A public right-of-way which affords primary means of access to abutting property, and shall also include avenue, highway, road, or way. (109) Street, Collector - A street which serves or is designed to serve as a traffic-way for a neighborhood or as a feeder to a major road. (ll0) Street, Major or Thoroughfare - A street which serves, or is designed to serve, heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas. (lll) Street, Local -.A street intended to serve primarily as an access to abutting properties. -10- (113) (ll4) (115) (116) (ll7) (llS) (ll9) (120) (121) (122) Street Pavement - The wearing or exposed surface oF the roadway used By vehicular traffic. Street Width - The width of the right-of-way, measured at right angles to the centerline of the street. Story - That portion of a building included between the surface of any floor and the surface of the floor next above. A basement shall be counted as a story. Structure - Anything. constructed, the use of which requires more or less permanent location on the ground; or attached to something having a permanent location on the ground. Structural Alteration - Any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations. Subdivision - A subdivision is the dividing of any parcel of land into two or more parcels. Travel Trailer - A vehicle without motor power used or adaptable for living, sleeping, business, or storage pruposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirting, which does not meet building code requirements and has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place. The term "Trailer" shall include camp car, camp bus, camper and house car. A permanent foundation shall not change its character unless the entire structure is erected in accordance with the Minnesota Building Code. Use - The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilized Or maintained. Use, Accessory - A use subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto. Use, Non-Conforming - Use of land, buildings or structures legally existing at the time of adoption of this Ordinance which does not comply with all the regulations of this Ordinance or any amendments hereto governing the zoning district in which such use is located. Use, permitted - A public or private use which of itself conforms with the purposes~ objectives, requirements, regulations and performance standards of a particular district. -11- (123) (124) (125) (126) (127) (128) (129) (13o) (131) (132) Use, Principal - The main use of land or buildings as distinguished from subordinate or accessory uses. A "principal use" may be either permitted or conditional. Use, Conditional - See Conditional Use. Variance - A modification or variation of the provisions of this Ordinance where it is determined that by reason of special and unusual circumstances relating to a specific lot, that strict application of the Ordinance would cause an undue or unnecessary hardship, or that strict conformity with the provisions of this Ordinance would be unreasonable, impractical or unfeasible under the circumstances. Wetland - Land which is annually subject to periodic or continual inundation by water and commonly referred to as a bog, swamp, or marsh. Yard - A required open space on a lot which is unoccupied and unobstructed by a structure from its lowest level to the sky except as permitted in this Ordinance. The yard extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located. Yard, Rear - The portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot. Yard, Side - The yard extending along the side lot line between the front and rear yards to a depth or width required by setback regulations for the zoning district in which such lot is located. Yard, Front - A yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right-of-way line to depth required in the setback regulations for the zoning district in which such lot is located. Zoning Amendment - A change authorized by the City either in the allowed use within a district or in the boundaries of a district. Zoning District - An area or areas within the limits of the City for which the regulations and requirements governing use are uniform. -12- SECTION 4. GENERAL PROVISIONS 401 Application of This Ordinance (2) (3) In their, interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, morals,.and welfare. Where the conditions imposed by any provisions of this Ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail. Except as in this Ordinance specifically provided, no structure shall be erected, converted, enlarged, reconstructed, or altered, and no structure or land shall be used, for any purpose nor in any manner which is not in conformity with this Ordinance. 402 Separability It is hereby declared to be the intention that the several provisions of this Ordinance are separable in accordance with the following: (1) If any court of competent jurisdiction shall adjudge any provisions of this Ordinance to be invalid, such judgment shall not affect any other provisions of th~s Ordinance not specifically included in said judgment. (2) If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Ordinance to a particular property, building, or structure, such judgement shall not affect other property, buildings, or structures. 403 Existing Lots of Record A lot of record in a residential district may be used for single-family detached'dwelling purposes provided the area thereof meet all setback and minimum lot area requirements of this Ordinance, provided: ~(1---~ it has frontage on a public right-of-way; .... (2) it was under separate ownership from abutting lands upon or prior to the effective date of this Ordinance. 404 Non-Conformin9 Uses (1) Any structure or use lawfully existing upon the effective date of this Chapter may be continued at the size and in a manner of operation existing upon such date. (2) Nothing in this Chapter shall prevent restoring of a structure to safe condition when said structure is declared unsafe by the City. -13- (3) When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use. (4) (5) Whenever a lawful non-conforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if it be reconstructed within twelve (12) months after such calamity, unless the damage to the building or structure is 50 percent or more of its fair market value according to State of Minnesota Uniform Acquisition Law, in which case the reconstruction shall be in accordance with the provisions of this Section. Whenever a lawful non-conforming use of a structure or land is discontinued for a period of twelve (12) months, any future use of said structure or land shall be in conformity with the provisions of this Chapter. (6) Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary non- structural repairs and incidential alterations which do not extend or inten- sify the non-conforming use. (7) Alterations may be made to a building containing lawful non-conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or bulk of the building, with the approval of the Planning Commission and City Council. (8) In all districts, existing uses which are permitted in this Chapter only by conditional use permit, and for which no permit has been issued, shall be a non-conforming use until such permit is issued. 405 Zonin9 Coordination Any zoning district change on land adjacent to or across a public right-of-way from an adjoining community shall be referred to the Planning Commission, and the adjacent Community for review and comment prior to action by the City Council granting or denying the zoning district classification change. A period of at least thirty days shall be provided for receipt of comments; such comments shall be considered as adiisory only. 14 406 Zoning and Land Use Plan Any change in zoning granted by the City Counil shall automatically amend the Land Use Plan in accordance with said zoning change. 407 Accessory Buildings (2) (3) (4) (5) No accessory building or structure shall be constructed on any residential lot prior to the time of construction of the principal building to which it is accessory. No accessory building shall exceed the height of the principal building in the Districts. In Residential Districts, no accessory building shall exceed 10 percent of the lot area, and in no case exceed 840 square feet of floor area except by conditional use permit. In Commercial and Industrial Districts all accessory building setbacks shall equal the principal building setback requirements. Accessory Residential Building Setback Requirements a. Side Yard Setbacks A detached accessory building may be located within 4 feet of the side lot line in the rear yard with a minimum of 6 feet setback in side yard location. On through and lakeshore lots, a detached accessory building may be located within four feet of the side lot line in the front yard. b. ~Front yard Setbacks All accessory buildings shall meet the same front yard setback requirements as the principal building, except for lakeshore and through lots. For detached garages on. a lakeshore or through lot, a minimum of 20 foot front yard setback is required if the garage door(s) open to the street; an 8 foot front yard setback is required if the garage door(s) open to the side lot line. -15- c. Rear Setback (6) A detached accessory building may be located within 4 feet of the rear lot line. Every man-made swimming pool, fishing pond, and other water storage shall be enclosed by a fence or wall sufficient to prevent uncontrolled access by small children and are allowed only in the rear yard maintaining setbacks of accessory structures. 408 Re..quired Yards and Open..Space (1) No yard or other open space shall be reduced in area or dimension so as to make such yard or other open space less than the minimum required by this Ordinance, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. (2') No required yard or other open space allocated to a building or dwelling group shall be used to satisfy yard, other open space, or minimum lot area requirements for any other building. (3) The following shall not be considered to be encroachments on yard requirements. a. Belt courses, leaders, sills, pilasters, lintels, ornamental features, mechanical devices, cornices, eaves, gutters, and the like, provided they do not extend more than two feet into a yard. b. Terraces, steps, uncovered porches, stoops or similar structures, which do not extend in elevation above the height of the ground floor elevation of the principal building and do not extend to a distance of less than 2 feet from any lot line. -16- (4) (5) c. Decks, balconies, and the like, attached to the principal buildin9 which extend in elevation above the height of the ground floor elevation of the principal building provided they do not extend within 10 feet of the rear lot line or extend beyond side yard and front yard accessory building setbacks. Buildings may be excluded from side yard requirements if party walls are utilized or if the adjacent buildings are planned to be constructed as an integral structure and a conditional use permit is secured. Lots which abut on more than one street shall provide the required front yards along every street except for lots of record which shall provide a side yard setback abutting the street based on the lot width as follows: Lot Width Minimum Side Yard Setback On Corner Lots 40-50 feet greater than 50 less than 80 0 feet or more 10 feet 20 feet 30 feet 160' 30' 120' 30' 'I I lOO' 100'..,,, 10' 15 30' 30' -17- (6) Where adjoining structures existing on the effective date of this Ord- inance have a shorter setback from that required, the front setback of a new structure shall conform to the average of the setback observed by the adjoining houses on either side, but not closer than 20 feet. (7) In all districts, principal structures shall be 75 feet or more from the mean high water line when the property abuts a lake or stream. No structure, except piers, and docks, shall be placed at an elevation such that the lowest floor, including basement floors, is less than three feet above the highest known water level. (8) No building permit shall~ be issued for any lot or parcel which does not abut a dedicated public street. 409 Access Drives and Access The number and types of access drives onto major streets may be controlled and limited in the interests of public safety and efficient traffic flow. Access drives onto county roads shall require a review by the County Engineer. The County Engineer shall determine the appropriate location, size, and design of such access drives and may limit the number of access drives in the interest of public safety and efficient traffic flow. Access drives to principal structures which traverse wooded, steep, or open field areas shall be constructed and maintained to a width and base material depth sufficient to support access by emergency vehicles. The Administrator shall review all access drives (driveways) for compliance with accepted community access drive standards. All driveways shall have a minimum width of ten (10) feet with a pavement strength capable of supporting emergency and fire vehicles. All lots or parcels shall have direct adequate physical access for emergency vehicles along the frontage of the lot or parcel from an existing dedicated public roadway. -18- 410 Property Abuttin9 County Road The front yard setback for all dwelling units shall be 50 feet from the public right-of-way. 411 Residential Minimum Floor Area Requirements The following minimum requirements shall be applied to all new residential dwelling construction: (1) Single-Family detached dwelling {2) Two Family dwellings {3) Townhouse dwellings: 1 ¼Story 1 bedroom 760 sq.ft, above grade 2 bedroom 880 sq.ft, above grade 3 bedroom 960 sq.ft, above grade Each Add'l Bedroom {add 120 sq.ft.) (4) Multi-Family Dwellings: a. Efficiency Unit b. 1 bedroom unit c. 2 bedroom unit d. 840 sq. ft. per dwelling 800 sq. ft. per dwelling 2 Story 600 sq. ft. per floor 690 sq. ft. per floor 780 sq. ft. per floor {add 90 sq. ft. per floor) 480 sq. ft. minimum 640 sq. ft. minimum 760 sq. ft. minimum 3 or more bedrooms - add 100 sq. ft. per bedroom to requirements for a 2 bedroom unit. 412 Essential Services 413 413.1 Essential services and public utilities shall be permitted as authorized and regulated by State law and the City Code, it being the intention that such are exempt from the application of this Chapter when located within public easements. Planned Development Area PuKpose The purpose of this section of the zoning code is to provide a method by which parcels of land in the Residential Use Districts having unusual building characteristics due to subsoil conditions, topographic conditions, elevation of water table, unique environmental considerations, or because of the parcel's unusual shape or location in relationship to lakes, trees or other natural resources requires more unique and controlled platting techniques to protect and promote the quality of life in the City. -19- 413.2 Standards and Rggulations for Planned Development Area The owner or owners of any tract or tracts of land in the residential districts may submit to the City Council for approval, a plan for the use and development or such a tract of land as a P.D.A. by making application for a Conditional use Permit authorizing completion of the project according to the plan. The plan for the proposed project shall conform to the requirements of the use district within which the land is located except as hereinafter modified. (1) (2) The tract of land for which a project is proposed and a permit requested shall not be less than two (2) acres. The application for the Conditional Use Permit shall include a detailed ppeliminary plan, and shall be submitted in complete conformance with the City subdivision regulations or with all variances detailed and explained. Variances to the requirements of the subdivision ordinance may be approved by the City Council upon a showing that the public health, safety and welfare will not be adversely affected and further that the development plan will not have an adverse effect on adjacent properties. All variances must be so noted on the preliminary plan at the time of application. (3) The application for the Conditional Use Permit shall include a detailed-- ~ ~ preliminary plan,' and shall be submitted in complete conformance with the city subdivision regulations or with all variances detailed and explained. Variances to the requirements of the subdivision ordinance may be approved by the City Council upon a showing that the public health, safety, and welfare will not be adversely affected and fu'rther that the development plan will not 'have an adverse effect on adjacent properties. All variances must be so noted on the preliminary plan at the time of application. (4) The number of dwelling units proposed for the entire site shall not exceed the total number permitted under the density control provision for the use district within which the land is located. (5) The density in the plan shall not exceed the maximum for the zoning district. (6) All housing types included as permitted uses in the residential districts may be included in the P.D.A. Each lot as shown on the plan shall have indicated on it the maximum number of dwelling units to be permitted within a single building. (7) Open space and p~kland dedication or cash in lieu thereof pursuant to the requirements of Section 22.37 of the City Code shall be required. The land which is to be set aside as open space shall be clearly indicated on the plan. Provisions for recreational area and for continual maintenance of that area not dedicated and accepted by the City shall be required. (8) The concept of cluster platting or zero lot line development will be reflected by the P.D.A. and must be shown on the plan and subject to all conditions imposed by the Conditional Use Permit. ~ -20- (9) (lO) (11) (12) (13) No conveyance of property within the P.D.A. shall take place until the property is platted in conformance with the City subdivision regulations and M.S.A. 462.358 or unless specifically waived by the Conditional Use Permit. All bylaws, Home Owner's Association Articles of Incorporation, and Protective Covenants must be approved by the City Attorney and filed with the record plat. Approval of a P.D.A. Conditional Use Permit shall be by the City Council after recommendation by the City Planning Commission and all improvements required by Section 22 of the City Code shall be constructed by the developer at its sole cost. The applicant must provide the City with a surety bond or other financial guarantee to guarantee the construction of all improvements required in accordance with City specifications. The land utilized by public utilities, such as easements for major facilities, (electrical transmission lines, sewer lines drainage easement and water mains), where such land is not available to the owner or developer for development because of such elements, shall not be considered as part of the gross acreage in computing the maximum number of lots or density that may be created under the procedure described in this ordinance. The maximum number of lots that may be approved shall be computed by subtracting, from the total gross acreage available for development under this Planned Development Area procedure, the actual amount of street right-of-way required and that land in (11) which is not available, and by dividing the remaining area by the minimum lot area requirements of the existing "R" district or districts in which the development is to be located. After approval of the Conditional Use Permit, the applicant, owner or developer, before commencing any work or obtaining any building permits shall make a minimum cash deposit of $100 per acre or any portion of an acre thereof. The Council shall establish the amount required for deposit at the time the P.D.A. is approved and this deposit shall be held in a special Developer's Escrow Account and shall be credited to the said applicant, owner, or developer. Engineering and legal expenses incurred by the City of Mound in plan approval, office and field checking, checking and setting grade and drainage requirements, general supervisions, staking, inspection, drafting as-built drawings and all other engineering services performed in the processing of said development, and all administrative and legal expenses in examining title to the property and in reviewing all documents described in paragraph 9 for the land being developed shall be charged to the aforementioned account and shall be credited to the City of Mound for the payment of these expenses If at any time it appears that a deficit will occur in any Developer's Escrow Account as determined by the City Engineer and/or the City Attorney, said officials shall recommend to the Council that an additional deposit is required, and the Council may require that the applicant, owner or developer shall deposit additional funds in the Developer's Escrow Account. -21- The City Engineer and City Attorney shall itemize all services and materials billed to any Developer's Escrow Account. The applicant, owner or developer making the deposit(s) in the Developer's. Escrow Account shall be furnished a copy of said itemized charges and any balance remaining in the account upon completing the project shall be returned to the depositor by the Clerk after all claims and charges thereto have been paid. 414 Docks Serving. Commercial Property Docks to serve property located in Districts B-l, B-2 or B-3 shall be permitted only after the issuance of a conditional use permit according to Section 505. Any conditional use permit granted by the Council shall be conditioned as follows: (1) The residential property on which dockage is to be located and the commercial property served shall be in common ownership and shall be located within 300 feet of the property line of the commercial property. (2) The mooring of boats at such dock shall be limited to a maximum of four hours. (3) No gas, oil or other product may be sold from the dock and no servicing of boats will be permitted. (4) One sign for identification will be allowed but it shall not exceed a total of six (6) square feet in size. (5) Ingress and egress from the residential lot shall be restricted to the property held under common ownership and adequate safeguards shall be provided so that persons docking will not trespass on private property or on any public property except for properly designated streets or side- walks. (6) The owner shall be required to meet and comply with all the standards and requirements of the Lake Minnetonka Conservation District. 415 Minnesota Environmental qu.al..!ty..Board .Regulations It is the intent of this zoning ordinance to comply with all state regulations relating to environmental concerns, specifically to Chapters 105 and l16D, Minnesota Laws of 1976. In all administrative review procedures, at time of application, the administrator shall determine the need for the preparation of an environmental assessment according to MEQB regulations. If an environ- mental assessment is prepared, all other action on application shall cease pending ruling from the Minnesota Environmental Quality Board. -22- SECTION 5. ADMINISTRATION 501. Enfo~cin9 Officer The City Manager shall enforce this Ordinance and shall perform the following duties of the Administrator: - Issue occupancy building and other permits, and make and maintain records thereof. - Conduct inspections of buildings and use of land to determine compliance with the terms of this Ordinance. - Maintain permanent and current records of this Ordinance, including but not limited to: ail maps, amendments, and special uses, variances, appeals and applications therefore. -~ Receive, file,'and forward all applications for' appeals, variances', special uses or other matters to the designated official bodies. - Institute in the name of the City, any appropriate actions or proceedings against a violator as provided for. - Serve as an ex-officio non-voting member of the Planning Commission. 502 Appeals and the Board of Adjustment and Appeals The Board of Appeals and Adjustments shall be the Planning Commission. Its findings and determinations shall be advisory to the City Council. The Board of Adjustment and Appeals shall act upon all questions as they may arise in the administration of this Ordinance, including the interpretation of zoning maps, and it shall hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged with enforcing the Ordinance. Such appeal may betaken by any person, firm or corporation aggrieved or by any officer, department, board or bureau of a town, municipality, county or state. The conditions for the issuance ofalvariance are aq indicated in section 506 of this Ordinance. No use variances (a use different from that permitted in the district) shall be issued by the Board of Adjustment and Appeals. -23- 503 504 504.1 504.2 Hearings of the Board of Adjustment and Appeals shall be held within such time and upon such notice to interested parties as is provided in its adopted rules for the transaction of its business. The Board shall, within a reasonable time, make its order deciding the matter and shall serve a copy of such order upon the appellant or petitioner by mail. Any party may appear at the hearing in person or by agent or attorney. The Board of Adjustment and Appeals may reverse or affirm wholly or partly, or modify the order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the officer from whom the appeal was taken and may issue or direct the issuance of a permit. The reasons for the Board's decision shall be stated. The decision of such board shall not be final and any person having an interest affected by such decision shall have the right to appeal to district court. Planning Commission The Mound City Council shall, through the passing of a resolution, provide for the establishment of a Planning Commission. The Planning Commission may consist of 9 members and every attempt shall be made to obtain a cross section of the City in appointing members to the Commission. The Planning Commission shall provide assistance to the City Council and Administrator in the administration of this ordinance and at the recommendation of the Planning Commission shall review, hold public hearings, and make recommendations to the City Council on all applications for zoning amendments and conditional use permits using the criteria in Sections 504 and 505. Zoning Amendments Criteria for Granting'Zoning'Amendments (1) The City Council may adopt amendments to the Zoning Ordinance and zoning map in relation both to land uses within a particular district or to the location of.the district lines. Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the community as reflected in the Plan or changes in conditions in the City. Procedure (1) An amendment to the te~L of the 0rdi~ance or zoning map may be initiated by the City Council, the Planning Commission or by application of a property owner. Any amendment not initiated by the Planning Commission shall be referred to the Planning Commission for review and may not be acted upon by the Council until it has received the Planning Commission recommendations. Individuals wishing to initiate an amendment to the Zoning Ordinance shall fill out a zoning amendment application form and submit it to the Zoning Administrator. -24- (2) The property owner applying for a zoning amendment shall fill out and submit to the Administrator a rezoning application form. A site plan must be attached or drawn below at a scale large enough for clarity show- ing the following information: Location and dimensions of: lot, building, driveways, and off- street parking. Distance between: building and front, side, and rear lot lines; principal building and accessory buildings; principal building and principal buildings on adjacent lots. 3. Location of: signs, easements, underground utilities, etc. (3) 4. Any additional information as may reasonably be required by the Administrator and applicable sections of the zoning ordinance. A public hearing on the rezoning application shall be held by the Planning Commission within thirty (30) days after the request for the zoning amendment has been received. Notice of said hearing shall be published in the official newspaper designated by the City Council at least ten (10) days prior to the public hearing. The City Clerk shall mail the same notice to the owners of property located within three hundred and fifty (350) feet of the outer boundaries of the land proposed to be rezoned. The notice shall include the description of the land and the proposed changes in zoning. The City Council may waive the mailed notice requirement for a city-wide amendment initiated by the Planning Commission or City Council. The Planning Commission shall make its report to the Mound City Council at its next regular meeting following the hearing recommending approval, disapproval or modified approval of the proposed amendment. (4) (5) The Mound City Council must take action on the application within sixty days following referral by the Planning Commission. The person making the application shall be notified of the action taken. The Zoning Administrator shall maintain records of amendments to the text and zoning map of the Ordinance. No application of a property owner for an amendment to the text of the Ordinance or the zoning map shall be considered by the Planning Commission within the one-year period following a denial of such request, except the Planning Commission may permit a new application, if in the opinion of the Planning Commission, new evidence or a change of circumstances warrant it. 5O5 505.1 Conditional Use Permits Criteria for Grantin9 Conditional Use Permits In granting a conditional use permit, the Mound City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. Among other things, the City Council may make the following findings where applicable. (1) That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. (2) That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. (3) That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided. (4) That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. (5) That adequate measures have been or will be taken to prevent or cOntrol offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. (6) The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. (7) The use is consistent with the'purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. (8) (9) (lO) (ll) (12) The use is not in conflict with the policies plan of the City. The use will not cause traffic hazard or congestion. Existing businesses nearby will not be adversely affected because of curtailment of customer trade brought about by intrusion of noise, glare or general unsightliness. The developer shall submit a time schedule for completion of the project. The'developer shall provide proof of ownership of the property to the Zoning Officer. -26- 505.2 Additional Conditions In permitting a new conditional use or the alteration of an existing conditional use, the City Council may impose, in addition to those standards and require- ments expressly specified by this Ordinance, additional conditions which the City Council considers necessary to protect the best interest of the surround- ing area or the community as a whole. The conditions may include, but are not limited to the following: (1) Increasing the required lot size or yard dimension. (2) Limiting the height, size or location of buildings. (3) Controlling the location and number of vehicle access points. (4) Increasing the street width. (5) Increasing the number of required off-street parking spaces. (6) Limiting the number, size, location or lighting of signs. (7) Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property. (8) Designating sites for open space. Any change involving structural alterations, enlargement, intensification of use, or similar change not specifically permitted by the conditional use permit issued shall require an amended conditional use permit and all procedures shall apply as if a new permit were being issued. The Zoning Administrator shall maintain a record of all conditional use permits issued including information on the use, tocation~, and conditions imposed by the City Council; time limits, review dates, and such other information as may -be appropriate. 505.3 Procedure (1) The person applying for a conditional use permit shall fill out and submit to the Zoning Administrator a conditional use application form. A site plan must be attached at a scale large enough for clarity show- ing the following information: a. Location and dimensions of: street parking spaces. lot, building, driveways, and off- Distance between: building and front, side, and rear lbt lines; principal building and accessory buildings; principal building and principal buildings on adjacent lots. c. Location of: signs, easements, underground utilities, etc. -27- de Any additional information as may reasonably be required by the Administrator and applicable sections of the zoning ordinance, including but not limited to the following: - site plan drawn at scale dimensions with setback noted. - location of all buildings, heights, and square footage. - curb cuts, driveways, parking spaces. - off-street loading areas. - drainage plan. - type of business, proposed number of employees by shift. - proposed floor plan with use indicated and building elevations. - sanitary sewer and water plan with estimated use per day. - a lighting plan showing the lighting of parking area, walks, security~lighting and driveway entrance lights. - a landscape plan with a schedule of the plantings. (5) (6) (2) The Zoning Administrator shall refer the application to the Planning Commission for review. (3) (4) The Planning Commission shall hold a public hearing on the proposal. Notice of the public hearing shall be published in the official newspaper designated by the City at least ten (10) days prior to the hearing. Notice of the hearing shall also be mailed to owners of property located within three hundred fifty (350~'feet of'the outer boundaries of the land to which the conditional use will be applicable. The notice shall include a description of the land and the proposed conditional use. The report of the Planning Commission shall be placed on the agenda of the Mound City Council at its next regular meeting following referral from the Planning Commission, but not later than sixty days after the applicant has submitted the application. The City Council must take action on the application Within sixty (60) days after receiving the report of the Planning Commission. If it grants the conditional use permit, the City Council may impose conditions (including time limits) it considers necessary to protect the public health, safety and welfare and such conditions may.include a time limit for the use to exist or operate. An amended conditional use permit application shall be administered in a.manner similar to that required for a new conditional use permit. Amended conditional use permits shall include requests for changes in conditions, and as otherwise described in this Ordinance. (7) (8) (9) (1o) (ll) No application for a conditional use permit shall be resubmitted for a period of six months from the date of said order of denial. If a time limit or periodic review is included as a condition by which a conditional use permit is granted, the conditional use permit may be reviewed at a public hearing with notice of said hearing published at least ten (10) days prior to the review; it shall be the responsibility of the Zoning Administrator to schedule such public hearings and the owner of land having a conditional use permit shall not be required to pay a fee for said review. A public hearing for annual review of a conditional use permit may be granted at the dis- cretion of the City Council. In the event that the applicant violates any of the conditions set forth in this permit, the City Council shall have the authority to revoke the conditional use permit. Bond. For any required screening, landscaping or other improvements, the City Council may request that any applicant file with the Clerk a bond or other financial guarantee in the amount of one and one-quarter times the Engineer's estimate of the cost of the required improvement. After the approval of the Conditional Use Permit, the applicant, owner or developer, before commencing any work or obtaining any building permits, shall make a minimum cash deposit of $250.00. The Council may establish an amount above the minimum deposit at the time the permit is approved and this deposit shall be held in a special Developer's Escrow Account and shall be credited to the said applicant, owner or developer. Engineering and legal expenses incurred by the City of Mound in plan approval, office and field checking, checking and setting grade and drain- age requirements, general supervisions, staking, inspection, drafting as-built drawings and all other engineering services performed in the processing of said development, and all administrative and legal expenses in examining title to the property and in reviewing or preparing all documents for the land being developed shall be charged to the afore- mentioned account and shall be credited to the City of Mound for the payment of these expenses. If at any time it appears that a deficit will occur in any Developer's Escrow Account as determined by the City Engineer and/or the City Attorney, said officials shall recommend to the Council that an additional' deposit is required and the Council may require that the applicant, owner or developer shall deposit additional funds in the Developer's Escrow Account. -29- The City Engineer and City Attorney shall itemize all services and materials billed to any Developer's Escrow Account. The applicant, owner or developer making the deposit(s) in the Developer's Escrow Account shall be furnished a copy of said itemized charges and any balance remaining in the account upon completing the project shall be returned to the depositor by the Clerk after all claims and charges thereto have been paid. 506. 506.1 Variances Criteria for Granti~9 Variances A variance to the provisions of the Zoning Ordinance may be issued to pro- vide relief to the landowner in those zones where the ordinance imposes undue hardship or practical difficulties to the property owner in the use of his land. No use variances may be issued. A variance may be granted only in the event that the following circumstances exist: (1) Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property since enactment of this Ordinance have no control. (2) (3) The literal interpretation of the provisions of this Ordinance would, deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. That the special conditions or circumstances do not result from the actions of the applicant. (4) That granting of the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. (5) The variance requested is the minimum variance which would alleviate the hardship. (6) The variance would not be materially detrimental to the purposes of this Ordinance or to property in the same zone. -30- 506,2 Procedure The person applying for a variance shall fill out and submit to the Zoning Administrator a variance request form. A site plan with a certificate of survey must be attached at a scale large enough for clarity showing the following information: a. Location and dimensions of: lot, building, driveways, and off-street parking spaces. b. Distance between: building and front, side, and rear lot lines; principal building and accessory buildings; principal building and principal buildings on adjacent lots. c. Location of: signs, easements, underground utilities, etc. d. Any additional information as may be reasonably required by the Administrator and applicable sections of the Zoning Ordinance. (2) The Zoning Administrator shall refer the application to the Zoning Board of Adjustment and Appeals for review. (3) The Zoning Board of Adjustment and Appeals must take action on the application within ninety (90) days after receiving the application. If it -recommends for the variance, the Zoning Board of Adjustment and Appeals may impose conditions it considers necessary to protect the public health, safety, and welfare and such conditions may include a time limit for the use to exist or operate. (4) Action by the City Council. Upon receiving the recommendation of the 'B~a~d' or within sikty ('60)' days after referral of the application for a variance to the Board, if no recommendation has been transmitted, the Council shall place the request on the agenda for its next regular meeting. The Council may grant variances from the literal provisions of this Ordinance in instances Where their strict enforcement would cause undue hardship because of circumstances peculiar and unique to the individual premises, or property, under consideration, and may grant such a variance only when the applicant therefore has demon- strated that such action will be in keeping with the spirit and intent of this Ordinance with the Zoning District in which such a variance is requested. The Council may impose any reasonable condition in the granting of · such variances in order to insure compliance with this Ordinance, or to protect adjacent property. (5) Variance permits shall expire if they have not been installed within one year after the date of issuance. -31- 507 507.1 Permits Buildin9 Permits For the purposes of enforcing this Ordinance, a building permit shall be required of all persons intending to erect, alter or structurally change, demolition or move any building, according to the Mound Building Code. (1) Persons requesting a building permit shall fill out a building permit form available from the Administrator. (2) Completed building permit forms and a fee as may be established by resolution of the City Council shall be submitted to the Administrator. If the proposed development conforms in all respects to the Zoning Ordinance, a building permit shall be issued by the Administrator within a period of sixt~ (60) days. 601 602 603 SECTION 6. DISTRICT PROVISIONS Zoning Districts For the purpose of this Section, the City is hereby divided into the following use districts: R-2 R-3 R-4 B-1 B-2 B-3 I-1 F W sin'g]e'Family Residential Single Family Residential Two Family Residential Multi-Family Residential Central Business General Business Neighborhood Business Light Industrial Floodplain Overlay Wetland Overlay Zoo.in.9 Map The Zoning Map of. the City is hereby adopted by reference as though shown in all details herein. The.boundaries of the Districts are hereby established as shown on said Map. Said Map, revised as of , shall be kept on file in the office of~the City Clerk hereinafter referred to as the "Zoning Map" District Boundaries District boundary lines as indicated on said Map follow lot lines, the center line of streets, the center lines of streets projected, the center line of railroad right-of-way, the center of water courses or the corporate limit lines, all as they exist, upon the effective date of this Section. -32- 604 604.1 604.2 604.3 If district boundary lines do not follow any of the above described lines, the district boundary lines are established as drawn on the Zoning Map. Where a district boundary line divides a lot of record which was in single ownership at the time of enactment of this SectiOn and' places portions of such lots or record in two or more Use Districts, any portion of such lot within 50 feet on either side of such a dividing district boundary line may be used for any use of either Use District; provided, however, if any portion of such lot shall extend beyond the 50-foot limitation, the district line as shown shall prevail. Single Family Residential (R-l) Purpose The major purpose of this district is to allow the continuation of existing residential development and infilling of existing lots in the newer residential areas of the City where services are available. Permitted Uses Within the R-1 District no structure or land shall be used except for one or more of the following uses: Single family detached residences Public Recreation A State Licensed Community Residential Facility servicing six (6) or fewer mentally retarded or physically handicapped persons. Horticulture All Home Occupations Conditional Use Within the R-1 district no structure or land shall be used for the following uses except by conditional use permit: Local government buildings Churches Cemeteries Schools Nursing Homes 604.4 Permitted Accessory Uses Within any R-1 District the following uses shall be permitted accessory uses: Garages Fences Gardening and other horticultural uses where no sale of products is conducted on the site One lodging room per single family dwelling -33- 604.5 Recreation Equipment Open off-street parking space not to exceed three spaces per dwelling Private docks, in accordance with Lake Minnetonka Conservation District regulations Lot Area~ Height, Lot Width~ and Yard Requirements 1. No building hereafter erected shall exceed two and one half (2½) stories or thirty-five (35) feet in height. The following minimum requirements shall be observed subject to additional requirements, exceptions, and modifications set forth in other sections of this Ordinance. Minimum Lot Area (Single Family Detached) Minimum Lot Width (Single Family Detached) Front Yard: Side Yard: _~ Rear Yard: Minimum Lot Depth: 10,000 sq. feet 60 feet 30 feet 10 feet 15 feet BO feet 3. ll~e following minimum setback requirements shall he observed for undersized lots of record. Si de Yard: Of the two required side yard setbacks, one side yard setback shall be aminimum of 10 feet; the other side-yard setback shall be based on the lot width as follows: Lot Width Minimum Setback on One Side Yard 40-50 feet greater than 50 less than 60 greater than 60 less than 80 greater than 80 less than 100 greater than 100 6 feet 6 feet 6 feet 8 feet 10 feet 80' ] 8o -34- j 160/ 15' 30' 40' - 605 605.1 Front Yard: Except as regulated in Section 408(6), the front yard setback shall be based on the lot depth as follows: Lot Depth Minimum Front Yard Setback 60 feet or less 20 feet 60-80 feet 24 feet 80 feet or more 30 feet Single Family Residenti~l.(R-2) Purpose The R.-2 district shall function as an area in Mound where historical platting practices of small lots call for a relaxation of development standards for remodeling and new construction residential. 605.2 Permitted' Uses All those uses permitted in Section 604.2 605.3 Conditional Uses All those uses permitted 'in Section 604.3 605.4 Permitted Accessory Uses All those uses permitted in Section 604.4 -35- 605.5 Lot Area, Height, Lot Width, and Yard Requirements 1. No building hereafter erected shall exceed two and one half (2½) stories or thirty-five (35) feet in height. e The following minimum requirements shall be observed subject to additional requirements, exceptions, and modifications set forth in other sections of this Ordinance. Minimum Lot Area (Single Family Detached) Minimum Lot Width (Single Family Detached) Front Yard: Side Yard: Rear Yard: Minimum Lot Depth: 6,000 sq. feet 40 feet 15 feet 10 feet 30 feet 80 feet 3. Minimum Setback Requirements for Undersized Lots of Record Same as Section 604.5 (3) 610 Two-Family Residential (R-3) 610.1 Purpose The R-3 District is intended to provide a district which will allow two-family residential dwellings and mid-density townhouses upon review. 610.2 Permitted Uses Within any Two-family Residential District no structures or land shall be used except for one or more of the following uses: all those uses permitted in section 604.2 two-family residences 610.3 Conditional Uses 610.4 Within the R-3 district no structure or land shall be used for the following uses except by conditional use permit: all thoses uses permitted in Section 604.3 townhouses PermittedAccessor~ Uses Within any R-3 district the following uses shall be permitted accessory uses: all those uses permitted in section 604.4' -36- 610.5 Lot Area, Height, Lot Width, and Yard Requirements 1. No building hereafter erected shall exceed two and one half (2½) stories or thirty-five (35) feet in height. 0 The following minimum requirements shall be observed subject to additional requirements, exception, and modifications set forth in other sections of this Ordinance. Minimum Lot Area (Single Family Detached) Minimum Lot Width (Single Family Detached) Minimum Lot Area (Two Family Detached) Minimum Lot Width (Two Family Detached) Front Yard: Side Yard: Rear Yard: 6,000 sq. ft. 40 sq. ft. 12,000 sq. ft. 70 ft. 30 ft. 10 ft. 15 ~t. 3. Minimum Setback Requirements for Undersized Single and Two-Family Lots of Record: Same as Section 604.5 (3). 4. Lot Area, Height, Lot Width, and Yard Requirements for Townhouses shall conform to Section 620.5. -37- Multi-Family Residen~l (R-4) 620.1 Purpose The R-4 multiple family districts are intended to provide a district which will allow multiple-family dwellings where proper relationships to other land uses and adequate transportation services exist. 620.2 Permitted Uses Within any R-4 District no structure or land shall be used except for one or more of the following uses: Multiple dwelling unit structure (3-6 units) One.and Two family dwellings T~wnhouses Public recreation Community Residential Facilities subject to the following conditions: 620.~ 1. It shall not be located in a two-family dwelling. 2. No more than 16 community residential facility residents may be housed in excess of the persons allowed by the definition of "family", except that structures designed or newly built specific- ally for such use may allow a greater number provided that all other conditions of Conditional Use Permit are met. 3. The minimum lot size is that prescribed for one-family dwellings. 4. A minimum distance of 300 feet will be required between lots used as Community Residential Facilities. Conditional Uses Within the Multi-Family Residential District no structure or land shall be used for the following uses except by conditional use permit: 620.4 Multiple dwelling unit structures (over 6 units) Nursing Homes Nursery Schools Churches Commercial recreation Cemeteries Schools Local Government Buildings Accessory grocery store in apartment complex containing 100 or more units, provided it serves the principal structure and is smaller than 400 square feet. Offices of persons engaged in the engineering, medical, dental, accounting or legal profession or for religious or philanthropic organizations, subject to minimum performance standards. Permitted Accessory Uses Within any R-4 District the following uses shall be permitted accessory uses: All those uses permitted in Section 610.4 -38- 620.5 Performance Requirements for Townhouses Height limit: 2½ stories or 35 ft. The following minimum requirements shall be observed: a. minimum lot area 3 unit structure - 5,000 sq.ft, per unit 4 unit structure - 4,500 sq.ft, per unit 5 unit structure - 4,000 sq.ft, per unit 6 unit structure - 4,000 sq.ft, per unit b. m~nimum setbacks: front - 30 ft. side - 20 ft. rear - 20 ft. Ce off-street parking requirements: Two per unit, at least one of which shall be indoors. If the indoor parking is a part of the main structure and is set back at least 25 feet, and has an individual driveway for each unit, one off-street parking space may be credited for the portion of the driveway which shall .be set back at least five feet from the public right-of-way. No individual driveway shall be any closer than two feet from another individual driveway. Any off-street parking located other than within the front yard area described above and serving more than one dwelling unit shall not be located closer than 10 feet from the principal structure. de No more than one townhouse shall be located on any one platted lot, if more than one platted lot is used for said construction, the owner shall be required to replat said lots in accordance with Chapter 22 of the City Code. The Council may waive said replatting requirements uponArecommendation of the Planning Commission and upon receipt of a signed statement from the owners combining said lots into one build- able parcel, said combination to be filed with the County Auditor and taxed as one parcel. Individual townhouse units may be conveyed or ownership transferred if copies of articles of incorporation, association by-laws, or other covenant are presented to the Council and said documents setting forth conditions for transfer are approved by the Council. Such approval shall not be given until the aforesaid documents shall be filed with the County Recorder or the Registrar of Titles and all future owners of townhouses or units in the individual townhouse shall be bound by the conditions and covenants set forth in said documents. A certified copy of the documents filed with the County Recorder or the Registrar of Titles shall be fil~ed with the City Clerk. -39- 620.6 Lot Area, Nei~ht, Lot Width, and Yard Requirements other than multi family dwellings All height, lot area and width requirements for single and two family and townhouse dwellings shall conform to Section 610. 620.7 .Height~ Lot Size~ Lot Area~ and Parking and.Open Space and General Require- ments for multi-family dwellings: 1. The following minimum requirements shall'be observed as hereinafter set forth: a. Height shall be limited to three (3) stories or 35 feet. b. Minimum lot width shall be 120 feet and lot area 22,000 square feet. c. Front yard shall be not less than 30 feet, or 1½ times the height of the building, whichever is greater. d.Side and rear yards shall be not less than 20 feet or the height of the building, whichever is greater. e. A side or rear yard abutting a street shall be not less than 25 feet or the height of the building, whichever is greater. f. All height measurements shall be from the lowest grade level. g. No accessory building shall exceed the height of the principal structure. he Distance Between Multiple Dwelling Buildings: No building shall be erected closer to any other building than a distance equal to the sum of their respective heights or forty (40) feet, whichever is greater. 2. Lot Area Per Dwelling Unit a. Efficiency Unit and 1 Bedroom - five (5) times minimum floor area (2,400 square feet). b. 2 Bedroom - six (6) times minimum floor area (4,560 square feet). c. 3 Bedroom or more - seven (7) times minimum floor area plus 500 square feet for each bedroom over three. d. Minimum lot area average per dwelling - 3,000 square feet. Lot Usage a. A maximum of 30% for main or principal structure. b. A minimum of 30% ~f'~the 'lot area shall be green area and landscape area, this may include all setback areas. c. 40% of the area may be used for parking, driveways, garages, refuse areas, storage areas and other permitted uses. -40- o Be Parking and Sidewalk Requirements for Each D~ ing Unit: be a. 2½ spaces per unit, one (1) of which must be indoors and one and one half (lq~ of which may be outdoor p~rk~ng. Indoor parking shall be at least 12 x 22 feet as a minimum size. Outdoor parking, shall be at least 10 x 20 feet as a minimum size. All driveways and parking aisles shall be at least 25 feet in width. All interior driveways, parking areas, loading areas, etc., shall be of blacktop or concrete construction. f. All parking spaces shal. 1 be located on the same parcel as the principal structure. g. There shall be no outdoor parking space within twenty (20) feet of any public right-of-way or closer than ten (10) feet from any adjacent lot. h. Interior curbs shall be constructed of concrete to separate driving and parking areas from landscaped areas. The curb design shall be normal six (6) inches in height. i. Concrete walkways shall be provided from parking areas, loading zones and recreation areas to the entrances to the principal structure and garages. General Requirements f~r All Structures a. The building plan, including the site plan for a multiple dwelling shall be certified by an architect or engineer registered in the State of Minnesota, stating that he has personally viewed the site and has designed the building to fit the site as planned and to be harmonious · .with the neighboring buildin§s,.topo§raphy and natural surroundings and in accordance with the purpose and objectives of the Zoning Code. The architect or engineer shall further certify that he has been retained to provide full architectural service, and that he will be available to carry this project through to completion. No special use for a multiple dwelling shall be issued until the certificate is provided~ On completion of the construction, the supervising architect or engineer shall file a written statement With the Building Inspector certifying that, to the best of his knowledge and belief, the construction, including site construction, has been performed in substantial compliance with the plans and specifications as approved by the City of Mound. b. The design shall make use of all land contained in the site. All of the site shall be related to the multiple use, either parking, circulation, recreation, landscaping,, screening, building, storage, etc. c. All exterior vertical surfaces shall have the same or equivalent facing material ~as t~t used in the front of~the building. d. The drainage of storm waters shall be provided for either on the site or in a public storm sewer. e. Garages shall have the same construction and appearance as the main building. -41- ge Landsca A landscaping plan shall be( uired and approved by the City Council. All required yards shall either be open landscaped and green areas or be left in a natural state. If any yards are to be landscaped, they shall be landscaped attractively with lawn, trees, shrubs, etc. Any areas left in a natural state shall be properly maintained in a sightly and well-kept condition. Multi-family Residential yards adjoining any of the RESIDENTIAL R1 and R2 DISTRICTS shall be landscaped with buffer planting screens. Plans of such screens shall be submitted for approval as a part of the site plan and installed prior to issuance of a certificate of occupancy for any tract in 'the district. Open Air Drying of Clothes. Open air drying of clothes shall not be permitted on the grounds of the multiple family dwellings except when the following conditions are met: 1. The areas for open air drying of clothes are specifically drawn on the original site plans. 2. A durable and dustless surface and adequate screening is provided for the entire area to be used for the drying of clothes. Incinerators and Storage. Any structure or equipment for the bur~ing or storing of trash must comply with the regulations of the State Pollution Control Agency. No open storage will be allowed on the site. ke Platting. If more than one building is hereafter permitted to be erected upon one parcel of land then the buildings shall be so placed that any future subdivision or conveyance will comply with all setback and other requirements of the ordinance. Screening. If screening is required by the City Council, it shall consist ~of a fence-or-walt that complies with. City Ordinances, but shall not extend within 15 feet of any street or ingress or egress. The screening shall be placed along property lines or in case of screening along a street, 15 feet from the street right-of- way with landscaping between the screening and the pavement. Planting of a type approved by the City Council shall also be required in addition to or in lieu of fencing. Building Design and Construction 1. Efficiency Dwelling Units. No more than twenty (20) percent of the dwelling units in any one building shall be efficiency dwelling units. 2. Sound: Party and corridor partitions and floor systems shall be of a type rated by a laboratory regularly engaged in sound testing as capable of accomplishing an average sound transmission loss (using a 9-frequency test) of not less than fifty (50) decibels. Door systems between corridors and dwelling units shall be of soli~core~construction and include gaskets, and closure plates. Room relationships, hallway designs, door and window place- ments and plumbing and ventilating installations shall be such that they assist in the control of sound transmission from unit to unit. 625 625.1 625.2 e Pro g Air Conditioning and Units. Air conditioning or heating units projecting through exterior walls or windows shall be so located and designed that they neither unnecessarily generate or transmit sound nor disrupt the architectural amenities of the building. Units projecting more than four (4) inches beyond the exterior finish of a building wall shall be permitted only with the written consent of the Building Inspector, which shall be given only when building structural systems prevent compliance. Elevators: Any multiple residence building of three (3) stories shall be equipped with at least one public elevator. Determination of Conformity. Before any building permit is approved for a multiple dwelling the City Council upon recommen- dation of,the Building Inspector shall determine whether the proposed use will conform to the performance standards. The developer or landowner shall supply data necessary to demonstrate such conformance. Such data may include description of equip- ment to be used, hours of operation, method of refuse disposal, type and location of exterior storage, etc. It may occasionally be necessary~for a developer or business to employ a specialized consultant to demonstrate that a given use will not exceed the performance standards. Central Business (B-l) Purpose This district is established to recognize the unique character of the Central Business District in terms of land use, height regulations, parking requirements and circulation. Permitted Uses Within any B-1 District no strD~tures or land shall be used except for one or more of the following uses: Retail businesses - stores and shops selling household good~ over the counter Banks Barber and beauty shops Medical and dental clinics Physical culture and dance studios Restaurants (Class I) Liquor Stores Public Buildings Theaters Animal hospital Auction hall Business or Trade School Laundry and dry cleaning Hospitals and clinics Churches Service Shops Private Lodges and Clubs Offices -43- RESIDENTIAL USE SUMMARY Residential Use A-1 Single Family Residential A-2 Single Family Residential A-3 Two Family Residential A-4 Multi Family Residential X = Permitted Areas 0 = Conditional Uses Single Family Dwelling X X X X Two Family Dwelling X X Townhouse Dwelling 0 X Multi-Family Dwelling 0 Group Homes X X X X Home Occupations X X X Essential Services X X X X Public Recreation X X X X Schools 0 0 0 0 Local Government Buildings 0 0 0 0 Churches 0 0 0 0 Cemeteries 0 0 0 0 Nursing Homes 0 0 0 0 Accessory Grocery Store 0 Professional Offices 0 Commercial Recreation 0 Planned Development Area 0 0 0 0 '625.3 Conditional Uses ~[~ Within any B-1 District no structure or land shall be used for the following uses except by conditional use permit: Tavern Commercial recreation Wholesale and assembly operations Minor auto repair, tire, battery stores Boat and marine sales Bus terminal and taxi stands Multiple dwelling structure Newspaper printing or publishing shops Cultural and fraternal institutions Parking lots Drive-in retailing establishments 625.4"Permitted Accessor~ Uses Within any B-1 District the following uses shall be permitted accessory uses: Private garages, off-street parking Temporary construction buildings Decorative landscape features Any incidental repair or processing necessary to conduct a permitted principal use. 625.5 Lot Area~'Mei.ght, Lot Width and Yard Requirements Maximum building height is 45 feet, conditional use if over 45 feet. 10,000 sq. ft. minimum lot size. Side and rear setback if abutting residential district: same as B-2 630 General Business (B-2) 630.1 Purpose 630.2 The General Business District will allow local retail sales and services along with office space opportunities to serve local population demand and needs of non-highway orientation. This district will encourage compact center for retail sales and services by grouping businesses in patterns of workable relationships, by limiting and controlling uses near residential areas and by excluding highway oriented and other business that tends to disrupt the shopping center or its circulation patterns. Permitted Uses Within any B-2 District, no structure or land shall be used except for one or more of the following uses: All those ,uses permitted in Section 625.2 Drive-in Retailing establishments -44- 630.3 Conditional Uses Within any B-2 District no structure or land shall be used for the following uses except by conditional use permit: Tavern Commercial recreation Wholesale and assemply operations M~jor & Minor auto repair, tire, battery stores Boat and marine sales Bus terminal and taxi stands Newspaper printing or publishing shops Cultural and fraternal institutions Parking lots Open sales lots Class II Restaurants Motor fuel stations Liquor Store Car Wash Motel and motor hotels Television and radio stations Any building over 35 feet high 630.4 630.5 Permitted Accessory Uses Within any B-2 District the following uses shall be permitted accessory uses: Private garages, off-street parking. Temporary construction buildings Decorative landscape features. Any indicental repair or processing necessary to Conduct a permitted principal use. Lot Area~ .Height, Lot Width and Yard Requirements 1. 2. 3. 4. 5. e No-building shall exceed 35 feet in height Minimum Lot Area: 30,000 square feet Front, side, rear-setbacks: 30 feet Minimum setback from side or rear residential area: 100 feet If more than one building, an open space equal to ½ the sum of the heights of the two buildings must be provided between the buildings. Whereas a B-2 use abuts or is across the street from an R District, a fence or compact evergreen hedge not less than 50 percent opaque nor less'than 6 feet high (except in height), shall be erected and maintained in the front yard portion of the lot and along the side or rear property- line that abuts the R District. 7. Minimum Lot Width: 100 feet -45 635 ~ei~hborhood Business (?3.). 635.1 Purpose The neighborhood commercial center shall function as a small service area which may supply local retail sales to nearby residents. 635.2 Permitted Uses Within any Neighborhood Business District no structures or land shall be used except for one or more of the following uses: None 653.3 Conditional Uses · .Within any Neighborhood Business District, no structure or land shall be used for the following uses except by conditional use permit: Delicatessen and dairy store Drug Store Grocery Store AccessorY Structures other than garages . Minor fuel station and motor fuel station convenience store 635.4 Permitted Accessory Uses Within any Neighborhood Commercial District the following uses shall be permitted accessory uses: Those uses permitted in B-2 635.5 Lot Area, Height, Lot Width, and Yard Requirements 1. No building shall exceed 35 feet in height 2. Minimum Lot Area: lO,O00 square feet 3. Front, side, rear setbacks: 30 feet 4. Minimum setback from side or rear residential area: 50 feet 5. Whereas a B-3 use abuts or is across the street from an R District, a fence or compact evergreen hedge not less than 50 percent opaque nor less than 6 feet high (except when adjacent to a street where it shall be not higher than 2½ feet in height), shall be erected and maintained in the front yard portion of the lot and along the side or rear property line that abuts the R District. 6. Minimum lot width: 60 feet 46 BUSINESS USE SUMMARY B-1 Central Business B-2 General Business B-3 Ne i ghborhood Business Retail Businesses - stores and shops.selling household goods over the counter Banks Barber and beauty Shops Medical and dental clinics Physical culture and dance studios 'RestaurantS' (Cl'ass I) Liquor Stores X X X X X X X Public Buildings Private Lodges and 'Clubs X X X X The aters Animal HosP']tai Auction" hall X X X X X X Business or Tra'de School .~a~ndry and' dry cleaning Hospitals and clinics ~'hUrches X X X X X X X X X X Service" Shops Tavern Commerci al recreation Wholesale and assembly operations Auto repair (minor), tire, battery stores Boat and marine sales Bus terminal and taxi stands Multiple dwelling structure Newspaper printing or publishing shops Cultural and fraternal institutions Parking Lots 'Drive-in retailing establishments t)pen sales lot '~lass II Restaurants Motor fuel ~tations Car Wash Motel and Motor Hotels ~elevision and radio stations .Any building over 35 feet high Delicatessen and dairy store .Dru9 Store Grocery. Store Auto Repairs, Major 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .X 0 0 0 0 0 0 X : Permitted 0 : Conditional ~640 Light Industrial 640.1 ,,Purpose This district shall serve as a development opportunity for industrial sites. 640.2 640.3 640.4 Permitted Uses Within any Light Industrial District, no structure or land shall be used except for one or more of the following: Warehousing and wholesaling Offices Public buildings Research laboratories Construction and special trade contractor Public and private utility uses Conditional Uses Within any Light Industrial District, no structure or land shall be used for the following except by conditional use permit: Assembly/storage of: apparel food products glass leather pottery lumber and wood products paper products rock and stone products textiles tobacco products fabrication metal products machinery and appliances transportaion equipment liquid bulk storage Commercial recreation Residential accessory Bus and Truck maintenance garages Lot Area~ Height, Lot Width and Yard Requirements 2. 3. 4. 5. 6. The floor area ratio shall not exceed 1 to 1. Front yard setback: 30 feet Lot Nidth: 100 feet Minimum l~t area: 30,000 square feet Rear yard setback: 30 feet Side yard setback: 50 feet when abutting R District 15 feet when abutting street 0 feet when abutting railroad -47- 650 650.1 650.2 650.3 650.4 Floodplain District Overlay ..Purpose 'It is 'the purpose of this district provision to minimize flood hazards in areas subject to periodic, inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Statutory Authorization The Legislature of the State of Minnesota has in Minnesota Statutes 1969,c.104, delegated the responsibility to lOcal governmental units to adopt regulations designed to minimize flood losses. General Provisions (1) Lands to Which District Regulations Applies - This Section shall apply to all lands wi'thin the jurisdiction of Mound shown on the Federal Insurance Administration Flood Insurance Study Map dated September 29, 1978 as being located within the boundaries of the floodway, flood fringe, or General Floodplain Districts. The Federal Insurance Administration Flood Insurance Study and the Flood Boundary, Floodway and Flood Insurance Rate maps, together with all explanatory materials thereon, and attached thereto, is hereby adopted by reference and declared to be part of this ordinance. (2) Re~ulat(~rs Fl. ood Protection Elevation - The Regulatory Flood Protection El~vatil)n shall 'be an elevation no lower than three feet above the eleva- tion of the regional flood plus any increases in flood elevation caused by enCroachments on the floodplain. a. The regulatory flood protection elevation within the Floodway and Flood Fringe Districts shall be established by adding three feet to the Base Flood Water Surface Elevations With Floodway listed in the Floodway Data Table contained in the Flood Insurance Study. Regulatory flood protection elevations between cross-sections shall be interpolated. b. The regulatory flood protection elevation within the General Floodplain District shall be calculated by a qualified registered professional eng)neer in accordance with procedures in Section 650.9 of this Ordinance. Interpretation Where interpretation is needed as to the exact location of the boundaries of the . ,district as~sh~wn on the .Flood Boundar~Map, as.forlexample where there ~ppears'~. to be a conflict between a mapped boundary and actual field conditions, the Board of Adjustment shall make the necessary interpretation based on elevations on the regional (lO0-year) flood profile. The person contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Board and, to submit technical evidence if he so desires. -48- (a) 650.5 650. 6 Warning and Disclaimer of Liability. This Ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the City of Mound or any officer or employee thereof for any flood damages that result from reli- ance on this Ordinance or any administrative decision lawfully made thereunder. Establishment of Zoning Districts Within Floodplain The floodplain areas are hereby divided into three Districts: Floodway District (FW), Flood Fringe District (FF), and General Floodplain District (GFP).' (1) Floodway District. The FloodWay District shall i.nclude those areas designated as floodway in the Flood Insurance Study. (2) Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway fringe inthe Flood Insurance Study. (3) General Floodplain District. The General Floodplain District shall include those areas designated as unnumbered A Zones by the Flood Insurance Rate Map. Flood~a~ District (FW) (1) Permitted Uses. The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted within the Floodway District to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill, or ....... storage--of materials or equipment.-,~ In addition, no use shall adversely - affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch, or any other drainage facility or sgstem. a. Agricultural land uses. b. Industrial-Commercial uses such as loading areas, parking areas, and airport landing strips. c. Private and public recreational uses. d. Residential uses such as lawns, gardens, parking areas, and play areas. (2) Conditional Uses. The following open space uses require accessory structures (temporary or permanent), or fill or storage of materials ' or equipment. ' Theseuses~maybe permitted in the Floodway District only after the issuance of a Conditional Use Permit as provided in section 505. These uses are also subject to the ~rovisions of section 650~(3~hich applies to all floodway Conditional Uses. a. Structures accessory to open spaces. b. Placement of fill. c. Extraction of sand, gravel, and other materials. d. Marinas, boat rentals, docks, piers, wharves, and water control structures. e. Railroads, streets, bridges, utility transmission lines, and pipelines. f. Storage yards for equipment, machinery, or materials. g. Other users'similar in'nature to uses described in Subdivision 1 which are consistent with the other provisions of the floodplain regulations. -49- (3) Standards for Floodway Conditional Uses. a. All Uses. No structure (temporary or permanent), fill (including fill for roads and levees) deposit, obstruction, storage of materials, or equipment, or other uses may be allowed as Conditional Uses which, acting alone or in combination with existing or reasonably anticipated future uses, adversely affects the capacity of the floodway or increases flood heights. In addition, all floodway Conditional Uses shall be subject to the following standards and all other floodplain regulations. b. Fill. 1. Any fill deposited in the floodway shall be no more than the minimal amount necessary to conduct a Conditional Use. Generally fill shall be limited to that needed to grade or land- scape for that use and shall not in any way further obstruct the flow of flood waters. 2. Spoil from dredging or sand and gravel operations shall not be deposited in the floodway unless it can be done in accordance with A of this section. 3.Fill shall be protected from erosion by vegetative cover. c. Accessory Structures (temporary or permanent) permitted as Conditional Uses. 1. Accessory structures shall not be designed for human habitation. 2. Accessory structures shall have a low flood damage potential. 3.-Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. i. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and ii. So far as practicable, structures shall be'placed approximately on the same flood flow lines as those of adjoining structures. 4.Accessory structures shall be flood proofed in accordance with the State Building Code. d. Storage of Materials and Equipment. 1. The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited. 2. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after flood warning. e. Structural Work for Flood Control. Structural works for flood control such as dams, levees, dikes, and floodwalls shall be allowed only upon issuance of a Conditional Use Permit. In addition, any proposed work in the beds of public waters which will change the course, current, or cross-section of the waters shall be subject to the provisions of Minnesota Statutes 1976, c 105, and other applicable statutes. -50- 650.7 Flood Fringe District (FF) (1) Permitted Uses. The following uses shall be permitted uses within the Flood Fringe District to the extent that they are not prohibited by any other ordinance: a. Any use permitted in the floodway district (650.6(1)). b. AccesS'ory structures provided they comply with the provision of accessory structures in the floodway district. c. Residence and other structures constructed on fill so that the basement floor or first floor, if there is no basement, is at or above the regulatory flood protection elevation. The finished fill elevation shall be no lower than one (~) foot below the regulatory flOod protection elevation and shall extend at such elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon. Fill shall be compacted and the slopes shall be protected by rip rap or vegetative covering. No use shall be permitted which will adversely affect the capacity ........ of.channels ~or~ ftoodways of any tributary to the main stream, or of any drainage ditch, or any other drainage facility or system. (2) Conditional Uses. Other uses are permitted only upon application to the Administrator and the issuance of a floodplain Conditional Use Permit subject to the following provisions: ......... a~, Residences., Where existing streets, utilities, and small lot sizes. preclude the use of fill, other methods of elevating the first floor (including basements) above the regulatory flood protection elevation may be authorized provided that the residence is flood proofed in accordance with the State Building Code. b. Residential Basements. Residential basements below the flood ................ protection ~tevation may-be authorizedif they are flood proofed to FP-1 classification in accordance with the State Building Code. No floor or portion of a residence below the regulatory floor protection elevation may be used for human occupancy. c. Other Structures. Commercial, manufacturing, and industrial structures shall ordinarily be elevated on fill so that their first floors .... (including basement) is~abovetheregulatory flood protection elevation but may in special circumstances be flood proofed in accordance with the State Building Code. Structures that are not elevated to above the regulatory flood protection elevation shall be flood proofed to FP-1 or FP-2 classification as defined by the State Building Code. Structures flood proofed to FP-3 or FP-4 classification shall not be permitted. (3) Standards for Flood Fringe Uses. a. Residential Uses. Residences that dj not have vehicular access at or above an elevation not more than two feet below the regulatoKy flood protection elevation shall not be permitted unless granted a variance by the Board of AdjUstment. In granting a variance the Board shall specifY limitations on the period of use or occupancy of the residence. -51- b. Commercial Uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. Nowever, a permit for such facilities to be used by the general public shall not be granted, in the absence of a flood warning system that provides adequate time for evacuation if the area is inundated to a depth greater than two feet or subject to flood velocities greater than four feet per second Upon the occurrence of the regional flood. c. Manufacturing and Industrial Uses. Measures shall be taken to minimize interferences with normal plan operations especially for streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in the above section. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. 650. General Floodplain District (1) Permi~ed:Uses..~.Permitted uses shall-include those uses permitted in the floodway district. (2) Conditional Uses. All other uses are Conditional Uses and are permitted only upon the issuance of a floodplain conditional use permit. The General Floodplain District includes both floodway and flood fringe areas. Based on the conditional use permit procedures, the City Council shall depending upon which district the proposed use is in, determine as to whether it lies in the floodway or flood fringe. Each respective district set of regulations shall apply. 650.9 Subdivisions ...... No land~shaltbe ,subdivided which is held unsuitable by the City for reason of flooding, inadequate drainage, or inadequate water supply or sewage treatment facilities. All lots within the floodplain district shall contain a building site at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage disposal facilities that comply with the provisions of this Ordinance and have road access no lower than . : two feet' betowthe regulatory flood protection elevation. In the General Floodplain District applicants shall provide the information required for conditional use review and the subdivision shall be evaluated in accordance with procedures therein. 650.10 Public Utilities, Railroads, Roads, and Bridges (1) Public Utilities. All public utilities and facilities such as gas~ electrical, sewer, and water supply systems to be located in the flood- plain shall be flood proofed in accordance with the State Building Code or elevated to above the Regulatory Flood Protection Elevation. (2) Railroads, Roads, and Bridges. Railroad tracks, roads, and bridges to be located within the floodway shall comply with provisions stated therein. In all floodplain districts, elevation to the regulatory -52- flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or rail- roads may be constructed at a lower elevation where failure or inter- ruption of service would not endanger the public health or safety. 630.11 Administration (1) Use Permit. a. Use Permit Required. A Use Permit issued by the Administrator in conformity with the provisions of this Ordinance shall be secured prior to the erection, addition, or alteration of any building, structure, or portion thereof; prior to the use or change or extension of a Nonconforming Use; and prior to the placement of fill or excavation of materials within the flood- plain. b. Application for Use Permit. Application for a Use Permit shall ............ be made in dupticate~to~,theAdministrator on forms furnished by him and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions and elevations of the lot; existing or proposed structures, fill or storage of materials, and the location of the foregoing in relation to the channel. ...... c. State and Federal. Permits~ Prior to granting a Use Permit or processing an application for a Conditional Use Permit or Variance, the Administrator shall determine that the applicant has obtained all necessary State and Federal Permits. d. Certificate of Zoning Compliance for New, Altered, or Nonconforming Uses. It shall be unlawful to use, occupy, or permit the use or ..... occupancy-uf any building or premises, or'both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued therefore by the Administrator stating that the use of the building or land conforms to the requirements of this Ordinance. Where a Nonconforming Use or structure is extended or substantially altered, the Certifi- cate of Zoning Compliance shall specifically state the manner in which the nonconforming structure or use differs from the provisions of this Ordinance. e. Construction and Use to be as Provided in Application, Plans, Permits, and Certificates of Zoning Compliance. Use Permits, Conditional Use Permits, or Certificates of Zoning Compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed violation of this Ordinance. The applicant 'shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Ordinance. Flood-proofing measures shall be certified by a registered profes- sional engineer or registered architect. -53- Record of First Floor Elevation. The Administrator shall main- tain a record of the elevation of the first floor Iincluding basement) of all new structures or additions to existing structures in the floodplain district. He shall also maintain a record of the elevations to which structures or additions to structures are flood proof. 650.12 Board of Adjustment (1) Administrative Review. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decisions, or determination made by an administrative official in the enforcement or administration of this Ordinance. (2) Variances. The Board may authorize upon appeal in specific cases such variance from the terms of thiS Ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the Ordinance will result in unnecessary hardship so that the spirit of the Ordinance shall be .................... observed and~substantial justi~ce done.- No Variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by State law. (3).Nearings.~ Upon filing wi~h the Board of Adjustment of an appeal from a decision of the Administrator, or an application for a Variance, the Board shall fix a reasonable time for a hearing and give due notice to the parties in interest. The Board shall submit to the Commission of Natural Resources a copy of the application for proposed Variances sufficiently in advance so that the Commissioner will receive at least ...... ten days notice of the hearing. (4) Decisions. The Board shall arrive at a decision on such appeal or Variance within a reasonable period of time. In passing upon an appeal the Board may, so long as such action is in conformity with the provisions of this Ordinance, reverse or affirm, wholly or in part, or modify the order, requirements, decision or determination appealed from and it shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a Variance the Board may prescribe appropriate conditions and safeguards such as those specified in Subdivision 506 which are in conformity with the purposes of this Ordinance. Violations of such conditions and safe- guards, when made a part of the terms under which the Variance is granted, shall be deemed a violation of this Ordinance. A copy of all decision granting Variances shall be forwarded to the Commissioner of Natural Resources within ten (10) days of such action. (5) Appeal'to the District Court. The decision of the City Council may be appealed to the district court of this jurisdiction as provided in Minnesota Statutes 462.361. -54- 650.13 Conditional Uses The procedures contained in Section 505. conditional use permits, shall apply to floodplain permits if not amended herein. (1) Procedures for Evaluating Proposed Conditional Uses Within the General Floodplain District. a. Upon receipt of an application for a Conditional Use Permit for a use within the General'Floodplain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Administrator for the determination of the regulatory flood protection elevation and whether the proposed use is in the floodway or the flood fringe. ..... 1. A typical.valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. 2. Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, size, ................ location~ and~patia~a, rrangement of all proposed and existing structures on the site; location and elevations of streets; photographs showing existing land uses and vegetation upstream and downstream; and soil type. 3. Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. b. One copy of the above information shall be transmitted to the City Engineer in determining whether the proposed use is in the flood- way or flood fringe and to determine the regulatory flood protec- tion elevation. Procedures consistent with Minnesota Regulations NR 86-87 shall be followed in this expert evaluation. The City Engineer shall: 1. Estimate the peak discharge of the regional flood. 2. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. ............ 3..-Comp~rte the ~)oodway necessary to convey the regional flood without increasing flood stages more than 0.5 feet. An equal degree of encroachment on both sides of the stream within the reach shall be assumed. (2) c. Based upon the technical evaluation, the City Engineer shall deter- mine whether~the proposed use is in the floodway or flood fringe and the regulatory flood protection elevation at the site Procedures to be followed by the City Council in Passing on Conditional Use Permit Applications within all Floodplai~ Districts. a. Require the applicant to furnish such of the following information ....... and additionalinfomation as .deemed necessary for determining the suitability of the particular site for the proposed use: 1. Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill storage of'materials, floodproofing measures, -55- and the relationship of the above to the location of the channel. 2. Specifications for building construction and materials, flood- proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. b. Transmit one copy of the information described to the City ...... Eng,+neer or othe~.exper~ personar agency for technical assistance, where necessary in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. c. Based upon the technical evaluation, the City Engineer shall ..................... -determine'the specific ftoodhazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. (3) Factors Upon Which the Decision Shall be Based. In passing upon Conditional Use applications, the City Council shall consider all relevant factors specified in other sections of this Ordinance, and a. The danger to life and property due to increased flood heights or velocities caused by encroachments. b. The danger that materials may be swept onto other lands or down- stream to the injury of others. ....................... c The p.roposedwater supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. d. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. e. The importance of the services provided by the proposed facility to · the community. f. The requirements of the facility for a waterfront location. g. The availability of alternative locations not subject to flooding. for the proposed use. h. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. ........ ~... The relationship or-the proposed use to the comprehensive plan and floodplain management program for the area. j. The safety of access to the property in times of flood for ordinary and emergency vehicles. k. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. I.~ Such other factors which are relevant to the purposes of this Ordinance. (4) Time for Acting on Application. The City Council shall act on an appli- cation in the manner above described within 45 days from receiving the application, except that where additional information is required, the City Council shall render a written decision within 60 days from the receipt of such information. (5) Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purposes of this Ordinance, the City -56- Council may attach such conditions to the granting of Conditional use Permits as it deems necessary to fulfill the purposes of this Ordinance. Such conditions may include, but are not limited to the following: a. Modification of waste disposal and water supply facilities. b. Limitations on period of use, occupancy, and operation. ~.~' Impositi-on' of-operational'~ontrots, sureties, and deed restrictions. d. Requirements for construction of channel modifications, dikes, levees, and other protective measures. e. Flood proofing measures in accordance with the State Building Code. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood ....... ~roofingmeasures are' co~istent "with the regulatory flood protection elevation and associated flood factors for the particular area. 650.14 Nonconformin9 Uses A structure or the use of a structure or premises which was lawful before .......... the passage~r~amendment.of thins Ordinance but which is not in conformity with the provisions of this Ordinance may be continued subject to the provisions in Section 404. 650.15 Amendments The floodplain designation on the Official Zoning Map shall not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to, at, or above the elevation of the regional flood and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. All amendments to this Ordinance including amendments to the Official Zoning Map must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map also require prior approval by the Federal Insurance Administration. -57- 655.1 Wetland .Overlay District The City of Mound finds that there are wetlands within the city which, as part of the ecosystem, are critical to the health, safety and welfare of.the land, animals and people within Mound. Existing and potential development within the city creates increasing ecological problems and demands upon these resources and these problems and demands have the effect of despoiling, polluting, eliminating or altering'both the wetlahds and their functions land the processes associated therewith) which if preserved and maintained constitute important physical, aesthetic, recreational and economic assets of existing and future residents of Mound. Therefore, the purposes of this ordinance are: To provide for the protection, preservation, proper maintenance and use of specified wetlands, to minimize the disturbance to them and to prevent damage from excessive sedimentation, euthrophication or pollution, to prevent loss of fish and other aquatic organisms, wildlife and vegetation and the habitats of the same; to provide for the protection of Mound's fresh water supplies from the dangers of drought, overdraft, pollution, or management; to secure safety from floods; to reduce the financial burdens imposed upon the community through rescue and relief efforts occasioned by the occupancy or use of areas subject to periodic flooding; to prevent loss of life, property damage, and the losses and risks associated with flood conditions; and to preserve the location, character and extent of natural drainage courses. 655.2 ~stablishment of Wetland Overlay Districts The wetland overlay districts within the City of Mound are the low areas of marsh, swamp, bog, wet meadow, slough or intermittent lake maintaining conditions defined as of organic soils, high water table within 2 ft., seasonally adjusted, or established as those land areas below 931 feet elevation. For purposes of defining the application of these districts to any specific area, it shall be the responsibility of the landowner to furnish the city pertinent topographic data, upon request from the City Building Inspector as part of application for building permit, platting, or zoning administration. 655.3. Scope These districts shall overlay the zoning districts established by Section of this Ordinance so that any parcel of land lying in a wetland overlay district shall also lie in one or more of the established zoning districts. Territory within an overlay district shall be subject to the requirements of the estab- lishedzoning~.districts. Within each adopted overlay district, all uses.shall be permitted in accordance with the regulations for the underlying zoning district(s) provided, however, that such uses must satisfy the additional requirements established in this Section before they are entitled to the. issuance of a building permit. 655.4 Development Prohibited No filling, grading, dredging, excavation, hard cover, temporary or permanent structures, or construction shall be allowed within the wetland overlay districts including lands within 15 feet of said areas. -58- SECTION 7. PERFORMANCE STANDARDS 701 Purpose The performance standards established in this section are designed to encourage ............. a~high'standard'of~deve~opment~by-prov-id~ng a~ssuranc~thatneighboring land uses will be compatible. The performance standards are designed to prevent and eliminate those conditions that cause blight. All future development in district shall be required to meet these standards. The standards shall also apply to existing development where so stated. The City Council shall be responsible for enfor6ing the standards. Before any building permit is approved, the Zoning Administrator shall determine whether the proposed use will conform to the performance standards. The developer or land owners shall supply data necessary to demonstrate such conformance. Such data may include description of equipment to be used, hours of operation, method of refuse disposal and type and location of exterior storage. 702 Exterior Storage In residential district~, all materials and equipment shall be stored within a-building or fully screened .so as not to bp visible from adjoining properties, except for the following: laundry drying and recreati°n~'i equiPmentj construction and landscaping materials and equipment currently (within a period of thirty-six (36) hours) being used on the premises, off-street ~arking of licensed and operative passenger automobiles and pick-up trucks. Boats and unoccupied trailers are permissible if stored in the rear yard more than ten (10) -feet~from the property line. 'Existing .uses shall comply with this provision within twelve (12) months following enactment of.this Ordinance. In all districts, the City may require a Conditional Use Permit for any exterior storage if it is demonstrated that such storage is a hazard to the public health, safety, convenience, morals, or has a depreciating effect upon nearby property values~or~$mpairs~s.ceni.c views~ or.constitutes threat to living amenities. 703 Refuse In all districts, all waste material, with the exception'of debris, refuse, or garbage shall be kept in an enclosed building or properly contained in a closed container designed for sudh purposes. The owner of vacant land shall be responsible for kee~ing such land free of refuse. Existing uses shall comply with this provision within six months following enactment of this Ordinance. Passenger'vehicles and trucks in an inoperative state shall not be parked in residential district~fo6'a period exceeding ninety-si.x.{96) hours; inoperative shall mean incapable of movement under their own power and in need of -59- repairs or removal to .!unk yard, All exterior storaoe not included as a permitted accessory use, a permitted use, or included as Dart of a conditional use permit, or otherwise permitted by provisions of this Ordinance shall be considered as refuse. 704 Screeni ng Screening shall be required in residential zones where (a) any off-street parking area contains more than four (4) parking spaces and is within, thirty (30) feet ofan adjoining residential zone, and (b) where the drive- way to a parking area of more than six (6) parking spaces is within fifteen (15) feet of an adjoining residential use or zone. Where any business'(stru~ture, parking or storage) is adjacent to Property zoned or developed for residential use, that business or industry shall provide screening along the boundary of the residential property. Screen- ing shall also be provided where a business, parking lot, or industry is across the street from a residential zone, but not on that side of a business or (hdustry considered tObe the fPont (as determined by the Building Inspector). All exterior storage shall be screened. The exceptions are: (1) merchan- dise being displayed for sale; (2} materials and equipment presently being ......... used for,constructionon the .premi.ses;~. (3) merchandise located, on service station pump islands. The screening requi6ed in this section may consist of a fence, trees, shrubs and berms not less than five (5) feet high but shall not extend within fifteen (15) feet of any street or driveway. The screening shall be placed ........ along property-ti-nes er-in-case of screening along ~a street, twenty (20) ....... feet from the street right-of-way with landscaping between the screening and pavement, The screening .shall block direct vision, Planting of a type approved by the CityCouncil .may also be required in addition to or in lieu of fencing. 705 Landscaping Maintenance In all districts, all structures requiring landscaping and fences shall be maintained so as not to be unsightly or present harmful health or safety condi ti ons. 706 Glare In all districts, ~any lighting used to illuminate an off-street parking area, sign, or other structure, s)iall be arranged so as to deflect light away from any adjoining residential zone or from the'public streets. Direct or sky, reflected glare, where from floodlights or from high-temperature processes such as combustion or' welding, shall ~iot be' directed into any adjoining property. The source of lights shall be hodded or controlled in some manner so as not to light ~djacent property. Bare 'incandescent light bulbs shall not be permitte(1 in view of adjacent property or public of-way. Any 1.ight.or combination of lights which cast 1.ight on a public -60- /m street shall not exc one (1) foot candle (meter lng) as measured from the centerline of said street. Any light or combination of lights which cast light on residential proper, ty shall not exceed 0.4 foot candles (meter reading) as measured from said property. 707 Bulk Storage (Liquid) All uses associated with the bulk storage of oil, gasoline, liquid fertilizer, ehemica)s~,and simi-lar..liquids shall require a.conditional use permit ,in · order that the governing, body may have assurance that fire, explosion, or water or soil contar~ination hazards are not present (that would be detri- mental to the public health, safety, and general welfare). All existing; bove g.round liquid storage tanks having a capacity in excess of ten thousand 10,000) gallons shall secure a conditional use permit within twenty-four ......... ('24)'months following..enactment.,of~ this,.Ordinance.~ .,The City Council may . require the development .of,_.diking around said tanks. Diking shall be suit- ably sealed, and shall~hold a leakage capacity equal to one .hundred fifteen (115) percent of the tank capacity. Any existing storage tank that, in the opinion of the governing body, constitutes a hazard to the public safety shall discontinue operations within five (5) years following enactment of this Ordinance. 708 Nuisances 708.1 Nuisance Characteristics NO no~bj-bdOrs, V(bration, smokej aiP-1~bllution, liquid, or solid wastes, heat, glare, dust, or other such adverse influences shall be permitted in any district that will '.in any way have an objectionable effect upon adjacent or nearby property. All wastes in all districts shall be disposed of in a manner that is not dangerous to public health and safety nor will damage public waste ,transmission or disposal facilities, The following standards apply to non-industrial districts. 708.2 708.3 Odors and Noise Odors shall not be allowed.to exceed the. standards stated in.the Minnesota Air Pollution'Control Regulations; numbers 9. and~'tOj 'Ambient noise shall not be allowed to exceed MPCA standards. Miscellaneous Nuisances (1) It shall be unlawful for any person to store or keep any vehicle of a type reqUirin~ a license to operate on the public highway, but ................. without· a~ current,.-~t i cerise attached thereto, ,whether such vehicle be dismant.l~d or not, outside of an enclosed building .in residential or agricultural districts. (2) It shall be unlawful to create or maintain a junkyard or vehicle diSmantling.yard except as provided herein. (3) It" shall'be unlawful 'to create e',nuieance affecting the health and safety of any p.er.s.o,n,' .. -61- 709 (4) The following are declared to be nuisances affecting public health or safety: a. The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances. b. The ownership, possession or control of any unused refrigerator or other container, with doors which fasten automatically when closed, of suffi- cient size to retain any person, to be exposed and accessible to the public without removing the doors, lids, hinges or latches or providing ........ locks, to prevent access by the public.: Dwelling Units Prohibited 710. 710.1 No garage, tent, trailer, or accessory building and or basement in and of itself shall be at anytime used as a permanent residence. Relocating Structures Permit Required Every licensed house mover shall, in eaCh and every instance, before raising, holding up or moving any building, obtain a permit thereafter from the Zoning Administrator according to City Code, Section 26.161. An application for such permit shall designate the origin and destination of such building, the route over which it is to be moved, and shall state the time in which the moving of such building shall occur.. The permit shall also indicate the location of the lot on which the house is to be located, the dimensions of the lot and the proposed location of the structure on the lot along with setback distances. No permit to move a building shall be issued unless and until the following conditions are fully complied with and approved by the Zoning Administrator. (1) The building to be moved must comply in all respects with the State Building Code and local ordinances. (2) The lot on which the building is to be located must meet all the mini- mum dimensional requirements of the zoning district in which it is located. (3) The building must be placed on the lot so as to meet all the front, side and rear yard requirements as set forth in the zoning ordinance. 710'.2 ~Electrical Correction Requirements In every case in which a permit shall be .issued as herein provided, for the removal required or the displacement of any overhead electrical or other wires, it shall be the duty of the person, association, or corporation owning, operating or controlling such wires to remove or displace the same, so' far as''the''same may be"necessar~v t6 effect' the removal thereof, shall be authorized'by such permit. -62- The person to v~hom said permit shall have been issued shall notify the person, association, or corporation owning, operating, or controlling said wire to remove or displace the same to facilitate the ~emoval of said building, and shall at the same-time exhibit to said person, association, or corporation the properly issued permit authorizing the removal of said wires sufficiently to allow the passage of said build(ng along the street over which said wires are suspended. Any expenses incurred or to be incurfd~l in the moving, removing or dis- placing of such wire shall be paid for by the person who~akes application for said permit. 710.3 App.!ication Procedure The Zoning-Adminstrator shall submit the application to the Planning Con~nission for approval and recommendations 'to the City Council at the next stated meetiog of said commission. The Planni.ng Commission shall determine whether such application shall conform to the in~nediate surrounding con~nunity. The Planning Con~ni ssi on in its discretion shall .............. ~al 1'-~'r' publtc~'meeting of ~resi dent~ owners-, wi thi n a .,radius of 350 t~eet ,from subject property for owner's reviewal of the proposed application. The Planning Conmission will determine the application .on its merits and make recommendation to the City Council.. The City Council shall take action to approve or disapprove the permit ~thin 30 dayq'af~er-fed~ivi~n~"the~recon~nendations of the Planning Con~nission. .711 Soil Erosion and Sedimentation Control 711.1 General Standards All d~velopment shall conform to the natural limitations presented by the topography and soil as to create the best potential for preventing soil emosibn. (3) Development on slopes with a grade over twelve percent'shall be carefully reviewed to insure adequate measures have been taken to prevent erosion, sedimentation, and structural damage. (4) .... Erosion and.silta~ien-.control.,measures shall be .coordinated with the different stages of development. Appropriate control measures shall be installed prior to development.when necessary to control erosion. (5) Land shall be developed in increments of workable size such that ................ a26qUate ero~ion'"a~8'~i'ltattd~'cdntrols can be provided-as construction progresses. The smallest practical area of land shall be exposed at any one pdriod of time. (6) The drainage system shall be constructed and operational as quickly as possible during construction. -63- '.(?) ~Whenever possible tural vegetation shall be ~ined and protected. (8} Where the topsoil is removed, sufficient arable 1 shall be set as(de for respreading over the developed.area. The soil shall be restored to a depth of four {4) inches, and shall be of a quality at least equal to the soil quality prior to development. (9) When soil is exposed, the exposure shall be for the shortest feasible period of time. No exposure shall be planned to exceed 60 days. Said time period may be extended only if the Planning Con~nission is satisfied that adequate measures have been established and will remain in place. (]0} The natural drainage system shall be used as far as is feasible for storage and flow of runoff. Stormwater drainage shall be discharged to marshlands, swamps, retention .basins or other treatment facilities. Diversion of stormwater to marshl~nds or swamps shall be considered .......... fOr` e~Xi'Sting' O~'=pi'~'tihed~surface~drainage. Marshlands and 'swamps . used for storn~vater shall provide for natural or artificial water level control. Temporary storage areas or retention basins scattered throughout developed areas shall be encouraged, to reduce peak flow, erosion damage, and construction cost. .__ 71!.2 Exposed SlopeR The following control measures shall be taken to control erosion during construction. (1) No exposed slope should be steeper in grade than five (5) feet horizontal to one il) foot ~ertical. (2) Exposed slopes steeper in grade than ten il0} feet horizontal to one il) foot vertical should be. contour plowed to minimize direct runoff of water. (3) At the foot of each exposed slope, a channel bnd berm should be con- structed to controll runoff. The channelized water should be Oiverted to a sedimentation basin (debris basin, silt basin or silt trap) before · being allowed to enter the natural drainage system. ......... (4)~,Aleng~.thetop of each exposed slope,,, abermshouldbe constructed to prevent runoff from flowing over the edge of the slope, where r~nof~f collecting behind said benn cannot be diverted elsewhere and must be directed down the slope, appropriate measures shall be taken to prevent- erosion. Such measures should consist of either an asphalt paved flow apron and drop chute laid down the slope or a flexible slope drain. ................ Atthe base-'o~'the, s~lopedra~nor flow apron,~ a gravel energy~dissapator should be installed to prevent erosion at the discharge end. (5) Exposed slopes shail be protected by whatever means will effectively prevent erosion considering the degree of slope, soils material, and expected length of exposure. Slope protection shall consist of mulch, .... ~h&~ts "Of plastic;"burlap or jutenettfng,~ ,sod .blankets., fast growing grasses or temporary seedings of annual grasses. Mulch consists of hay, straw, wood chips, corn stalks, bark or other protective material. Mulch should be anchored to slopes with liquid asphalt, stakes~ and netting, or should be worked into the soil to provide additional slope stability. (6) Control measures, other than those specifically stated above, may be used in place of the above measures if it can be demonstrated that they will effectively protect, exposed slopes. ,~13' 713.1 ' Tree and Woodland mvation The following restrictions shall apply to all residential development occurring in wooded areas: (1) Structures shall be located in such a ~anner that the maximum number of trees shall be preserved. No trees shall 6e cut except those occupying the actual physical space in which the structure is erected. (2)· Prior to the granting of a building permit, it shall be the duty of the pers°nseeking' the permit tO dembhSt'ffate that there are no feasible Or prudent alternatives to the cutting of trees on the site and that if trees are cut, he will restore the density of trees to that which existed before development but in no case shall he be compelled to raise the density above ten {10) trees per acre:. (3) Forestation, reforestation or landsEaping shall utilize a variety of tree species and shall not utilize any species presently under disease epidemic. Species planted shall be hardy under local conditions and compatible with the local landscape. (4) .... Development~including.gradingand contouring shall take.placeinLsuch Q manner that the root zone aeration stability of existing trees shall not be affected and shall provide existing trees with a watering equal to one-half the crown area. (5) Notwithstanding the above, the removal of trees seriously dama§ed by ................. storms-or.other~acts of Ged,-~or diseased.trees shall,not be prohibited 714 Traffic Control The traffic generated by any use shall be channelized and controlled in a manner that will avoid: (a) congestion on the public streets, (b) traffic hazards, and (c) excessive traffic through residential.areas, particularlY. truck traffic. Internal traffic shall be so regulated as to ensure its safe and orderly flow. Traffic into and out of business areas shall in all cases~be.forwar~movin~,with no backinginto sL~eets..On corner lots, (including rural areas} nothing shall be placed or allowed to grow with the exception of seasonal crops in such a manner as materially to impede vision between a height of two and one-half (2~) and ten (10) feet above the centerline grades of the intersecting streets to a distance such that a clear line of vision is possible df the intersection street from a distance of'fifty (50)'feet~'f~omthe-.intersectionof ~he right-of-waylines. · .~~~No obstruction in s~aded area f clear sight triangle0,. ' -65- 715 Vacated Streets Whenever any street, alley, easement or public way is vacated by official act(on, the zonina district abuttin9 the centerline of the said vacated area shall not be affected by such proceeding. 716 Parking 716 1 Location All accessory off-street parking facilities required herein shall be located as follows: (1) Spaces accessory to one and two-family dwellings on the same lot as the principal use served. (2) Spaces accessory to multiple-family dwellings on the same lot as the ....................... pri~c~pal,~use,,served~-o~withi~two hundreds,(200), feet'ofthemain ................. entrance to the principal building served, (3) Spaces accessory to uses located in a Business, within eight hundred (800) feet of a main entrance to the principal building served, (~),~.o off~street open..park.i~g..~area.,containing~more.,than..four~(4) parking spaces shall be located~'clOser than five (5) feet from an adjacent 'lot zoned or used for residential purposes. 716.2 General Provisions (1) Access drives may be placed adjacent to property lines except that drives consisting of crushed rock or other non-finished surfacing shall be no closer than one {1) foot to any side or rear lot line. {2) Parking spaces. Each parking space shall not be less than ten (10) wide and twenty (20) feet in length exclusive of an adequately designed system of access drives. Handicapped parking according to state law shall be followed. (3) Control of off-street parking fa~il.iti, es. When required, accessory off- ....... Streetparking'faCi~iti~s' a~e~Provided elsewhere than on'the lotion which the principal use served is located, they shall be in the same ownership or control, either by deed or long-term lease, as the property occupied by such principal use, and the owner of the principal use shall file a recordable document with the City Council requiring the owner and ................ b~.~ Q~he~heir~...and ass~gns.tomainta~n~he,requ~ed.~number,ofoff_street spaces.during the e×ist&nce of said principal use. (4) Use jf parking area. Required o~f-street parking space in any District shall not be utilized for open storage of goods of for the storage of vehicles which are inoperable or for sale or for rent. -66- 716.31~esign' and Maintenance ff-Street Parking Areas (1) Parking areas shall be designed so as to provide adequate means of access to a public alley or street. Such driveway access shall not exceed twenty-two (22) feet in width and shall be so located as to cause the least interference with traffic movement. (2)~,-$igns~ ..... Nosigns shall.~belocated.,in-anyparkingareaexcept as . necessary for orderly operation of traffic movement and such signs shall not be a part of the permitted advertising space. (3) Curbing and Landscaping. All open off-street parking areas designed to have head-in parking along the property line shall provide a bumper ............... curb-not'-less-'than~three (3)~-feet~from theside grgperty line or a guard of normal bumper height not less than one (1) foot from the side property line. When said area is for six (6) spaces or more, a curb or fence not over five (5) feet in height shall be erected along the front yard setback line and grass or planting shall occupy the space between the sidewalk and curb or fence. (4) (5) Parking space for six (6) or more cars. When a required off-street parking space for six (6) cars or more is located adjacent to a Resi- dential District, a fence of adequate design, not over five (5) feet in height nor less than four (4) feet in height shall be erected along .the Residential District property line. Maintenance of off-street parking space. It shall be the joint and several responsibility of the operator and owner of the principal use, uses and/or building'to maintain, in a neat and adequate manner, the parking space, accessways, landscaping and required fences. Truck Parking in Residential Areas No motor vehicle over one (1) ton capacity bearing a commercial license and no con~nercially licensed trailer shall be parked or stored in a platted residential district or a public street except when loading, unloading, or render~nga~se~v,~ee~- Rec~eati.omvehic~es,-and pi~kupsare ,not restricted, by ........ the terms of this provision. Other Parking in Residential Areas Parking in residential areas (off-street and on-street) shall be limit&d to ...... the use ofthe~residents"~f~those~homes.~'Exceptfor short-termparking (six (6) hours or less) and guest parking, the number of vehicles parked on or in front of a residential lot shall not exceed double the number of persons residing on the premises and having automobile driver's licenses. -67- 716.6 Off-Street Spaces Required, (One space equals 270 square feet) (1) One and Two-family res(dences Two (2) spaces per dwelling unit. Two and one-half (2½) spaces per dwelling unit, (2) Multiple Dwellings one which must be undercover (3) Churches, Theaters, Auditoriums, One (1) space for each three (3) seats ............ a~d6t~e~"~laa~'~"of'~s§-~; ...... or-for"eachfive ($) feetof Pew length, based upon maximum design capacity. ' (4) Business and Professional Offices One (1) space for each 400 square feet of gross floor space. (5) Medical-and Dental CliniCs Spaces'per professional plus' one (1)~sPace for each employee, (6) Hotel or Motel (7) Schools One (1) space per rental unit plus one (1) space per employee. At least one (1) parking space for each four {4) students based on design capacity, plus One (1} additional space for each classroom. (~) Drive-in Food Establishment (9) Bowling Alley At least one (1) parking space for each fifteen (15) square feet of gross floor space in a building allocated to a drive-in operation. At least five (5) parking spaces for each alley, plus additional spaces as may be required herein for related uses such as restaurant, plus one (1) additional space for each employee. ........ (10) Au:omobile...Serwice.,S~at. io~ ......... At~ least~wo~.(2) of£.s:reet, parking spaces plus four (4) off-street parking spaces for each service stall. (11) Retail Store At least one (1) off-street parking space for each one hundred fifty (150) square feet of gross floor area. (12) Restaurants, Cafes, Bars, Taverns, Night Clubs At least one (1) space for each three (3) seats based on capacity design. (13)Funeral Homes Sufficient off-street parking Shall be ~equ~re~-to~acconrnodatethe maximum, number of guests expected to be in attendance at a funeral home at any given time. The number of required spaces shall be deter- mined by the local governing body after due consideration is given to the expected parking needs of the funeral home. -68- (14) Industrial, Warehouse, Storage, Handling of Bulk Goods (15) Uses not specifically noted At least one space for each employee on maximum shift or one space for each two thousand square feet of gross floor area, whichever is larger. As determined by the Planning Commission and City Council. 717 717.1 Off-Street Loading and UnloadinQ Areas Location. All required loading berths shall be off-street and shall be located on the same lot as the bu(lding or use to be served. A loading berth shall be located at least twenty five (25) feet from the intersection of two (2) street rights-of-way and at least fifty (50) feet-from a residential district, unless within a building. Loading berths shall not occupy the required front yard space. 717.2 Size. Unless otherwise specified in this Ordinance, a required'loading berth .................. shall~be not, ~es,s. than, twe)ve ()2) feet .i.n.~idth,.. fifty (50) feet in, length, ~ and fourteen (14) feet in height, exclusive of aisles and maneuvering space. 717.3 Access. Each required loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner which will least interfere wi th traffic. 717.4 Surfacing. All loading berths and accessways shall be improved with a hard surface to control the dust and drainage 'before occupancy of the structure. 717.5 Accessory Use. Any space allocated as a loading bert~ or maneuvering area so as to comply with the terms of this Ordinance shall not be used for the storage ........ of'goods,"lnoperableYehicles,'or beincluded'as'apart-~ofthe space-requi~e ments necessary to meet the off-street parking area. 717.6 Any structure erected or substantially altered for a use which requires the receipt or distribution of materials or 'merchandise by t~.ucks or similar vehicles, shall provide off-street loading space as required for a new structure. 717.7 718 718.1 Screening.' Screening shall be required of all loading and unloading areas located adjacent to Kesidential and agricultural districts. A0to Service Stations '"Lot Size A service station site shall be a minimum of 20,000.squar~ feet. 718.2 Setbacks' The building or buildings shall be set back at least thirty-five feet from .................... th~'"~t~ight~of~w~y; .... Near'resident, iai di~rict, s,-~he~serv~eLstation buildings, signs, and pumps shall be a minimum of twenty-five feet from adjoining property. ~n con~nercial areas, the structures shall be set'back at least ten feet from adjoining property. 718.3 Curbs and Gutters Curbs and gutters shall be installed on all streets, giv(.ng access to the station. There should be a si~ inch curb along all interior driveways. -69~ 71B.~ Fencinq and Screeninq When adjacent or near to residential property, there shall be a screening fence. When adjacent to con~nercial property, there shall be a Dumper-type fence about eighteen inches high between the station and the adjacent commercial property. 718.5 Vehicles No vehicles shall be parked on the premises other than those utilized by employees or awaiting service. No vehicle shall Be parked or be waiting service longer than fifteen {15) days, Existing ser¥ice stations shall comply with this requirement within forty-five (45) days of the effective date of this Ordinance. 718.6 Exterior Storage Exterior storage besides vehicles shall be limited to service equipment and items offered for sale on pump islands; exterior storage of items offered' for .sale shall be within yard setback requirements and shall be located in containers such as the racks, metal trays, and similar structures designed to display merchandise. Existing service stations shall comply with this r~qu~rement..within-three-~.{3) months or. the effec~i~e..date of,this Ordinance.~ 718.7 Screening All areas utilized for storage, disposal, or burning of trash, debris, dis- carded parts, and similar items shall be fully screened. All structures and grounds.s[zal~--be maintained,~n~anorderly~.¢lean, .and s. afemanner.-£xis,ting service stations shall comply with this requirement within nine {9) months of the effective date.of this Ordinance. 718.8 Architecture .......... Tf )os'sible¥ the"statlon should be' of: a"-type that is reasonaEly, compatible with the surroundings. Most national oil companies have a variety of building types which could be viewed for selection of 'the ~nost suitable. 718.9 Outdoor Displays "The s't0ra~e'o~ usedtires, battePies;'ahd-other such items for sale outside the building should 5e controlled; such items should bedisplayed in specially designed containers and be limited to one or two areas well back from the street right-of-way line. Junk cars, empty cans,'and other unsightly materials should not be permitted in areas subject to public view. 718.10~Business activities not listed in the'definition of service stations in this Ordinance are not permitted on the premises of a service station unless a conditional use permit is obtaine~ specifically for such business. Such activities include §ut are not limited to the following: {al automatic car and truck wash; (b} rental of vehicles, equipment, or trailers; and (c) general retail sales. 719 Drive-In Business Development Standards The following standards shall apply to drive-in businesses in all districts. 719.1 The entire area of any drive-in business shall have a drainage system approved by the community engineer. 719.2 The entire area other than that occupied by structures or planting shall be surfaced with a hard surface material which will control dust and drainage. 719.3 A fence or screen of acceptable design not over six (6) feet in height or less than four (4) feet shall be constructed along the property line abutting a residential district and such fence or screen shall be adequately maintained. The fence shall not be required in front of the setback line. 719.4 General (1) Any drive-in business serving food or beverages may also provide, in addition to vehicular service areas, indoor food and beverage servic6 seating area. (2) The hours of operation shall be set forth as a condition of 'any building perm.it for drive-in business. .............. (3) Each drive-in business serving food may have outside seating. (4) Each food or beverage drive-in business shall place refuse receptacles at all exist as well as one (1) refuse receptacle per ten (lO) vehicle ........ parkingspaces within the parking area, 719.5 Location (1) No drive-in business shall be located within four.hundred {400) feet of a public or parochial school, church, public recreation area, or any residential district, (2) No drive-in business shall be located' such that it may increase traffic volumes on nearby residential streets. (3) No drive-in shall be located on any street other than one designated as a thomoughfare Or'~busineSs service road i.n the Policies Plan. (4) The design of any structure shall be compatible with other structures. in the surrounding area, (5) Electronic devices such as loudspeakers, automobile service order devices, drive-in theater car speakers and similar instruments shall not be located within four hundred {400) feet of any residentially zoned or used property, nor-with)n two hundred {200} feet of any adjacent lot regardless of use of zon(ng district. -71- (6) No service shall be rendered, deliveries made, or sales conducted within the required front yard; customers served in vehicles shall be parked to the sides and/or rear of the principal structure. (7) No permanent or temporary signs visible from the public street shall be erected without specific approval in the permit. (8) No plan shall be approved which will in any way constitute a hazard to vehicular or pedestrian circulation. No access drive shall be within fifty (50) feet of intersecting street curb lines. 719.6 In the case of a drive-in theater, a solid fence not less than eight (8) feet in height and extending at least to within two (2) feet of the ground shall be constructed around the property. 719.7 The lighting shall be designed so as to have no direct source of light visible ........ fromthe~p.ublic r~ght~of.-way or adjacent land in, residential use. 730 Offices in Multi__-Family District (R-4) All offices in A-4 shall conform to the following performance standards. fe a. There shall be at least 2,000 square feet of floor area of office space on the main floor. The maximum office space in any structure shall not exceed 6,000 square feet. b. The lot on which the structure is located shall contain at least 40,000 square feet. c. One off-street parking space shall be provided for each 200 square feet of floor space. A detailed plan with parking spaces shown shall be made a part of the permit. d. A landscaping plan shall be presented and incorporated as a'part of the Conditional Use Permit and shall provide for a minimum 10 foot setback from all parking areas t6 abutting property lines and shall provide that on the 10 foot setback, shrubbery will be planted and maintained by the occupant of the property. The landscaping plan shall show that at least 30% of the land area will be maintained in open space consisting of greenery and shrubbery and will not be used for building, parking, or accessory purposes. e. All offices in this use district shall abide by the terms of the special permit to limit truck deliveries to the hours of 8:00 a.m. to 5:00 p.m. each day. No outside storage shall be allowed on the premises without the specific consent of the Council as stated, in.the permit g. Illuminated flashing signs are prohibited. No sign shall be erected which has more than 9 square feet of total area including both sides of the sign if a message is contained on both sides, and the sign shall not extend on to any public right-of-way. No sign shall exceed a height of 5 feet~ from the ground level where the sign is located. -72- h. Lighting of any parking area shall be accomplished in such as way as to have no direct source of light visible from a public right-of-way or from adjacent properties. i. Prior to occupancy of the structure, approval shall be obtained from the Fire Chief or h. is designated inspector and from the Building Inspector, · showing compliance with all City ordinances and codes. j. The Council may require a traffic circulation plan or the location or re- location of driveways to the property to promote traffic circulation and the health, safety, and general welfare of the community. 731 Car Washes 731.1 Lot Area and Setback Requirements a. Coin-operated self-service car wash shall have a minimum lot area of 10,000 .......................... s~uare~..feet.~ttha.mi~imum of, lD0~f~ee.t~of~frontage, along the major road ..... b. A Drive-through automatic car wash shall have a minimum lot area of 15,000 square feet with a minimum of 120 feet of frontage along the major road. c. A conveyor automatic type car wash shall have a minimum lot are of 20,000 squ.are, feet~with~a~minimum of,,150~feet of frontage~along themajor road, · de Front Yard Setback. All car washes shall have a minimum 35-foot front yard setback measuring from the right-of-way line to the front wall of the building. All other setback requirements provided in the City Code for the zoning district where a particular car wash is located shall apply. 731.2 Protective Wall All car washes shall have a 6-foot high, 8-inch thick brick wall or a decorative poured concrete wall at least four inches thick when adjacent to an existing residence or residential district or adjacent to an alley which abuts an existing residence or residential district. ......... 731.3 Parking a. The coin-Operated self-service car wash shall have a minimum of three (3) stack spaces per bay not including the wash bay spaces; one (1) dry-off ...... space p~r bay in"~addition to the'wash~bay-space, and one (1)-parking space per employee. 1. A stack space is defined as an area where the car can wait before entering the-car wash which shall consist of at least 200 square feet, with a length of 20 feet and a width of 10 feet. 2. A dry-off space is defined as an area where the car can be parked after leaving the car wash area so that the car can be dried off which shall consist of at least 200 square feet with a length of 20 feet and a width of 10 feet. -73- Ce The automatic drive-through car wash shall have a minimum of five (5) stack spaces per bay and two (2) parking spaces for dry-off and one (1) parking space for every employee during one shift, when the maximum employees are employed. The automatic conveyor type car wash shall have a minimum of twn (10) stack spaces per bay and three (3) parking spaces for dry-off and one parking space for every employee employed during one shift, when the maximum employees are employed. 731.4 Lights. All car washes shall have lighting systems with a minimum of lO-foot candle intensity to illuminate the entire premises without disturbing the surrounding are a. 731.5 .Drai..nage and Wastewater Disposal Catch basins shall be provided at the curb~cuts of all exits for drainage from cars leaving the car wash. Waste water from car washing shall be emitted into the sanitary sewer after flowing through a grease and mud trap. A sewer flow rate will be set in relation to the size of the facility. Failure to maintain accept&blY clean grease and mud tr~ps will be ~cause for revocation of the license. 731.6 Building Operations All operations shall be conducted within the buildings except for vacuuming and the dispensing of gasoline. 731.7 Prohibited Practices and Regulation for'Car Wash Bo The licensee shall keep the premises of any car wash free at all times from debris and waste materials. Said licensee shall cause all such debris and waste materials to be removed during each 24-hour period and as often as may be necessary to prevent any such debris or waste materials from being blown to nearby streets and premises. be No persons shall place or leave any debris or waste materials upon the premises of any car wash.unless such debris or waste materials be placed in a waste receptacle provided on the premises for such purposes. Ce No persons upon or nearby the premises of any car wash shall race the engine of any motor-~vehicle, cause any horn to be blown except as a traffic warning, or cause any disturbance or loud noise upon or nearby said premises. d. No person shall loiter and the licensee shall not permit persons to loiter upon the premises if such persons are not actually engaged in washing cars. -74- The licensee shall maintain quiet and order upon the premises. The licensee shall see that entrances and exits and abutting alleys are kept free from congestion and that this ordinance is observed. ............. f~ It,~$hal]~be..u:lawful to._keep._any _establishment openfor bus~ines.s between the hours of 10 p.m. until 7 a.m. the following day. The premises on a car wash shall be kept adequately lighted at all times when open to the public. Lights shall be kept adequately shaded or otherwise regulated so as to prevent them from shining upon adjacent premises. SECTION 8. ENFORCEMENT 801 Violations and Penalties 801.1 Violations The violation of any provision of this Ordinance or the violation of the -conditions or provisions of any permit' iS~ued pur~uan~to'thiS Ordinance shall be a misdemeanor, and upon conviction thereof, the violator shall be subject to a fine of not more than five hundred dollars ($500.00) or imprisonment for a term not to exceed ninety (90) days or both, plus in either case, the cost of prosecution. 801.2 Penalties Unless otherwise provided, each act of violation and every day on which such violation occurs or continues, constitutes a separate offense. 801.3 Application to City Personnel The failure of any officer or employer of the city to perform any official duty imposed by this Ordinance shall not subject the officer or employee to a pently imposed for violation unless a penalty is specifically provided for such failure. 801.4 Equitable Release In the event of a violation or the threatened violation of any provisions of this Ordinance, or any provision or condition of a permit issued pursuant to this Ordinance, the city, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain, correct, or abate such violation or threatened violation. -75- SECTION 9. SUPREMANCY AND EFFECTIVE DATE 901 Supremacy ................ When,any ~co,ndi~ion.,impo,$~-by~,any~pro~isdon~of ,this Ordinance on the use.of ....... land or buildings or on the bulk of buildings is either more restrictive or less restrictive than similar conditions imposed by any provision of any other county ordinance or regulation, the more restrictive conditions shall prevail. This Ordinance is not intended to abrogate any easements, restrictions, or covenants~'re~a~ing ,to,~the u~e~of land,or,imposed-or imposed on lands within the county by private declaration or agreement, but where the provisions of this Ordinance are more restrictive than any such easement, restriction, or covenant, or the provision of any private agreement, the provisions of this Ordinance shall prevail. 901.1 EffectiveDate This Ordinance shall be in full force and effect from its passage and publication according to law. -76- O~6L L~Jdv NVla 9N~SflOH aNnoN JO AIIQ NOUND HOUSING PLAN OUTLINE Inventors and Analys, is Housing'type Tenure of housing Cost and rental range of housing Current and proposed subsidized housing activity Housing Development Activity Comparison to other communities Future Needs Forecast Total Units Need for assisted housing Objectives Section 8 Modest cost new construction MHFA Home Rehabilitation Policies low/moderate income housing policies modest cost new construction policies housing rehabilitation policies community-wide housing policies HOUSING PLAN This section of the Comprehensive Plan addresses Mound's local'housing situation; its existing stock, adequacy to meet community needs today and tomorrdw, specific objectives for future housing performance and policies.~o guide future local hous- ing decisions. INVENTORY/ANALYSIS This housing, analysis provides a background basis for the establishment of plan addressment and policies. The analysis is intended to be comprehensive and deal with the major characteristics of housing for local Mound concerns as well as becoming a foundation for comparison and coordination with other cities and agencies. .Housin~ In 1977, the predominant type of housing in Mound was single-family residential (see Table~). 79% of the housing units were s~ngle-family.. Forty-two duplexes exist in the city and consti.tute 1% of the housing stock. Fourteen mobile homes existed in the community. Virtually all of the homes in Mound were occupied. Mound Percent of Total Table i £stimat~s of Comp_]eted and Occupied Housin~ Units 4/1/77 Occupied Estimate of Single Multi- Mobile Total Occupied Fami_~_U_y- D~_~LPlex ~ Homes Completed Housin~ Units 2481 42 636 14 .3,173 3,111 79 1 20 O. 100 98 In 1970, nearly 65% o~i~ll residential units were OW~l~-OdciJpied (See Table V), reflecting the largel~I~single-family residential houL~g stock. Over 26% of · the residences were rented. Further, 8.6% of the homes were vacant year roun~ in 1970. Al'so of interest is the fact that ~n 1970 more homes were vacant year round. The data in Table.TLt, compiled in 1977, depicts 98% of the housing units as occupied. In 1970, however, 91.4% of the units were o~cup~ed. The decrease in vacancy rate indicates a growing demand for housing in ~ound. Table II 1970 Housing_ Tenure in Mound Number % of Total Owner Occupied 1,671 64.8 Renter Occupied 684 26.6 Vacant Year Round 222 8.6 TOTAL 2,577 100% Cost and Rental Ranqes of HousinR Mound, like the majority of Metropolitan communities, has experienced a rapid rise in housing values over the last seven years. In 1970, 74% of the homes were valued below $25,000. In 1977, however, only 27% of the homes were valued below $25,000. The rise in housing values reflects a national trend resulting from inflation and the higher costs of housing construction. Table III Mound Nousinq Values less than lO,O00 10,000-14,999 15,000-19,999 20,000-24,999 25,000-34,999 35,000+ Distribution of Owner-Occupied Units by Value of Uni.ts in 1970 11% 20.6% 23.2% 19.3% 18.1% 7.8% less than 25,000 25,000-34,999 35,000-42,499 42,500-49,999 50,000-59,999 60,000~ Distribution of Ovmer-Occupied Units by Value of Units in 1977 25% 25% 21% ll% 7% 2 A variety of rental r. REnts ranged from les of the rents were over $100.00 per month. per month. ~re available in Mound in (See Table IV)'. $30.00 per month 'to over O0 per month.. Over 78% l'he median rent in Mound was $144.00 Table IV s_S_pecified Renter-Occul)ied Contract Rent for t4ound in 1970 Dollar Amount Less titan 30 6 30 to 39 2 40 to 59 19 60 to 79 29 80 to 99 62' lO0 to 149 241 150+ 291 No cash rent 30 Percent .9 .2 2.8 4.3 9.1 35.5 42.8 4.4 TOTAL 680 100% As can be seen in Table V, new ~nd existing homes sold in Mound averaged $52,900 in 197~. In 1977, only 18% of Mound homes were.valued over ~50,000. Consequently, new homes in ~und will raise significantly the average value of homes in the CO~muF, ity. Average costs of new construction is consistently more expensive than the costs for existing homes in Mound. Table V New and Existin~ Homes Sold Mound, Minnesota Num6er of Average- Total Year ttome Sales Value Value 1978 280 (1) $52,900 $1~,812,000 1977 260 N/A N/A 1976 170 N/A N/A Out of ti~e 280 i~omes that were sold in 1978, 77 represented new construction. 3 Housin~ Quality. ' O, In Order to better determine the condi'tion of the existing housing stock in, lqoun~, a w~ndshield survey was undertaken in June, 1979. To accomplish this task, recognized guidelines were used to rate each unit surveyed by exterior structural condition. Ac'cording to these guidelines, specific criteria must be met prior to assigning each unit a structural rating in order to conduct an unbiased survey. The following ratings were assigned to each surveyed structure in Mound. Good' This rating is representative of newer homes, 0-25 years of age, that are structurally sound and well maintained. In some cases, an older housing structure that shows noticeable signs of excellent upkeep was also given a "good"'rating. Fair: This rating is generally representative of older homes; 25 or more years of age,· showing minor structural defects which are capable of correction through normal main- tenance. Newer homes that show lack of maintenance and minor defects may also fall within this category. These minor defects are of a natur~ that would not directly or indirectly contribute to the deterioration of other structural components. The pattern and extent of minor structural defects will contribute to the overall rating. A housing structure that has only a small number of minor structural defects will fall within the conditional rating category of "Fair":- If minor de'FectS are numerous and cost of repair is qoticeably extensive, the house will fall within the next rating of "Deteriorated". Deteriorated: This rating is representative of housing structures showing major structural defects which are not capable of correction through normal maintenance.- This category also includes those housing structures that have progressive prolifera- tion of minor defects that makes the c.~.t of correction extensive. Housing falling within this Category generally have defects that may contribute to further deterioration of other structural components and should receive immediate corrective attention to forestall any further deterioration, Dilapidated: This rating is representative of housing structures showing.critical structural defects which are deteriorated to a point where the system is beyond correction without total reconstruction of structure. Rehabilitation of these, structures would not be economically feasible, and human habitation is not recommended. If structures are located as to cause a public nuisance, removal of structure is advised. Table V ________U_g, Condition Survey. Condition ~umber Percent Good 1,988 ·59.4 Fair 1~325 .39.5 Deteriorated 35 1.O Dilapidated 4 0.1 Total 3,353 100% The results of the windshield survey revealed that a very high proportion of the housing stock of Mound by exterior appearance is in good condition. There are very few homes that are classified as deteriorated or dilapidated. Generally, only one percent of the total'housing stock was rated in these categories. Much of Mound was developed in the post war first ring suburban development period 1945-55. While these homes make up.a bulk of the local housing stock, many smaller seasonal homes existed in Mound built prior to 1939. It is the older seasonal homes most of which have been converted to year-around occupancy that traditionally contribute to a majority of poorer quality con- ditions. As a percent of total housigg stock (30%), these older homes need ongoing maintenance and frequently major improvements every.40-50 years While an increasing awareness of the older homes through private as well as public means is taking place, a small proportion of Mound's existing housing stock is in need of major and e~en more, are in need of minor repair. The table below summarizes the 'city-wide housing stock quality. The location of housing units in need of rehabilitation is directly linked to the age of construction for different neighborhoods in Mound. The older. pre-1940 neighborhoods especially of Three Points and the Island maintain a majority of housing units in need of rehabilitation. Individual units in need of repair are distributed randomly throughout the neighborhoods. 5 Current Assisted Hou Activit_z Mound participates in a variety of public assisted housing programs. Designed· for renters as well 'as homeowners, the programs reach both elderly and family residents.' These programs consist of cooperative efforts at' all levels of government: federal, state and loca'l. Mound's most significant project is the HRA elderly public housing of Indian Knoll Manor. This'65 unit facility constructed in the early'1970's is the principal' elderly housing opportunity in the West Lake Minnetonka area. Supplementing the elderly project is another rental assistance program, existing Section 8, more recently started in 1975. The Section 8 program provides tenant assistance in matching the difference in apartment rents and 25% of the tenants gross monthly income. Providing assistance to existing apartmen'ts, currently 25 units are supported in Mound, made-up of both family and elderly tenants. Homeowner housing assistance is achieved principally through three programs. First, the Section ~35 low interest home loan program assists some qualifying- households with below market interest rate permanent loans. These home loans directly assisted in the construction of the new homes. Housing assistance to homeo~vners with homes already built and in need of repair comes from both rehabilitation loans and grants. Rehabilitation loans are supplied through the Minnesota Housing Finance Agency (MHFA) interest subsidy rehab. program accounting for approximately 26 home rep.air efforts. More needy residents may qualify for rehabilitation grants. Supplied from Community Development Block Grant funds allocated yearly to Mound, local efforts have resulted in providing approximately 15 rehab, grants. - Existin~ AsSiSt~d'HoU~in.9~ 1. Section 8 existing scattered sites (rental) 15 units Elderly 20% Family 66% Large Family 14% 2. HRA Public Housing, Indian Knoll Manor (rental) 50 units Elderly 3. Section 235/Home Ownership~ 66 units 4. MHFA Rehabilitation Loans' 26 units 5. Local CDBG Rehabilitati'on Grants: 15 units 6 ~Develo~ -Recent building permit records indicate an ac~ivc local market, Considering' Mound's fully developed s~.a'bu~. Inasmuch as there still remains a number of vacant land/housing development opportunities, recent and projected new housing construction starts will equally replace older underutilized ~tructures. Accompanyin9 these redevelopment activities will be scattered'in-filling Of individual lots through Mound with single and two-family dwellings. Table VI Building Permits - City of Mound 1978 1977 1976 1975 Single Family 77 118 87 97 Duplex 5 1 '- ..... Four-plex ...... 1 --- From 1975-1978, Mound issued an average of 88 building permits per year. The Metropolitan Council household allocation for 1970-1980 was 877 units. Should the building activity from 1975-1978 for Mound reflect the building activity over the entire decade, the new Metropolitan COuncil projections through 1980 are accurate. Multiplying the average number of buildiug permits issued annually by ten offers a household allocation very close to that forecast by the Metropolitan Council. .. Housing Comparison to Neighborin§ Communities Comparison of Mound's housing condition to those in neighboring communities offers interesting contrasts. Housing comparisons drawn with Minneto~ka Beach, Minnetrista, Orono, and Spring Park provide the following general observations: a) More multi-family units exist in Mound than in the other communities, Although Spring Park possessed fewer multi-family units, 'the community devoted a greater percentage of its housing start to multi-family usage. b) Mound and Spring Park possess similar-home values. Their average home values are less than those found in Orono and Minnetrista, and somewhat lower than the average values foundin Tonka Bay. c) Similar to area-wide housing values, Mound and Sprin9 Park maintain a higher per- centage of total housing units available to low and moderate income households. d) Community-wide housing conditions among the Nound area communities are a mixture. OvercrOwding and units lacking plumbing housing conditions are directly linked with community units built prior 'to 1940. .. 7 ~ Character. i cs Orono TyPe of Housing Units Pm-cent Single-Family 97.3 Percent Multi-Family 2.6 Tenure of Housing, 1970 Percent owner-occupied 85 Percent renter-occupied 15 Percent of Rental Units by Monthly Rent, 1970 Less Than $100 : 29 $100-$149 39 $150-$199 19 $200 & Over 13 Average Monthly Rent, 1970 $139 Percent of Owner-Occupied Units by Value of Unit, 1970 Less than $10,000 4.7 $10,000-$14,999 1].3 $15,000-$19,999 18.1 $20,000-$24,999 12.1 $25,000-$34,999 21.1 $35,000 & Over 32.7 Average Value of Owner-Occupied Housing, 1970 Average Value of Building Permits For New Single-Family Homes (excludes land cost), 1971-1973 Percent of Total Housing in Price Range of Low and Moderate Income Persons (1970) 17.6 Housing Conditions, 1970 Percent overcrowded bnits 3.9 Percent units lacking one or more plumbing facilities 2.8 Humber of people living in over- crowded housing 505 Humber of people living in hous- ing lacking one or more plumbing facilities 95 Estimated percent of housing built before 1940 41.9 $31,058 $42,731 Min Beach Minnetrista Mound 98.0 96.2 78.1 2.0 2.0 21.4 92 '88 71' 8 12 29 ll 32 18 22 40 37 22 2O 29 45 8 16 $192 $128 $149 0.6 3.1 9.9 8.7 18.5 59.2 $42,543 $45,909 4.6 1.7 0.5 25 2 5.7 9.0 15.7 17.1 18.2 34.3 $31,521 $30,644 11.8 8.6 478 79 42.3 l1.0 20.6 23.2 19.3 18.1 7.8 $20,761 $22,~475 32.6 6.8 2.8 988 llO 31.8 Spring Park 34.1 62.8 '36 64 8 24 51 17 $171 12.5 20.4 28.8 15.1 15.1 7.9 S20,007 $26,134 26.0 2.4 1.1 63 FUTURE NEEDS FORE~ Total Housing Unit Forecasts As stated c~rlier, most of Mound is developed, lqodest new'h~use~old construction numbers will be attributed to the.ongoin§ in-filling of vacan~ sites and limited redevelopment efforts'. For the next ten years some 200 more.households in additio~ to the present stock are expected. However, equally important to r~ound's future building activity will be the ongoing replacement of the structures in need of repair through'redevelopment efforts. EStimated need for Assisted Housing Following metropolitan program analysis, need for assisted housing in Mound is determined. Methodology used in estimating housing assistance needs requires an indication of households that might have a tendency to seek rent assistance. HUD defines such households as those that are both income eligible and inadequately housed. Inadequately housed is defined as: Renter Households - Households paying more than 25 percent of income for rent; or living in a unit lacking some or all plumbing facilities; or with more than 1.25 persons per room. O~vner Households - Households lacking plumbing; or witi~ more than 1.25 persons per room, or built before 1939'and valued at less than $10,000 in 1970. Metropolitan rental need averages are further d'ivided into Mound's average house- hold ii,come (from federal ~evenue sharing data) and our number of rental units. Owner households in need of assistance is determined by Mound's average household income (from federal revenue sharing data) and number of o~vner occupied un}ts. Resultant figures indicate a strong need for elderly housing with a similar prefer- ence for rental units vs.. rental households. Estimated Total Need Total Elderly Famil~ ~a~9~Family 271 59 189 23 Estimated Need of Lower Income Renter Households Total E__!der_]lx_ . F~..mily_ .La.rge Family 220 48 155 36 Estimated Need of Lower I~come Owner Households lotal Elderly_ Family. La,~_e F~mi l_~ 51 ll 34 6 9 OBJECTIVES Knowing the present s~tuation of .Mound's housing supply, its adequacies and' deficiencies measured and discussed, it is if~portant to relate future housing projections and establish specific.numerical objectives for the Excelsior Housing Plan to obtain to the year 1990. Housing objectives and numerical goals will be determined for the ~ity of Mound in all available program opportunities. Specific performance and participation in federal and state public assisted housing programs is the only'achievable method of providing the type and scope of affordable housing needed by existing and future Mound residents. .According to regional and federal housing allocation plans, the Twin Cities area has the responsibility of providing approximately 12,000 subsidized housing units in three year incremental periods. Mound's fair share is earmarked at 0.29% or 35 units. This allocation applies to the cost of federal and state programs, including Section 8, rehabilitation, and'subsidized home ownership programs.' Home Rehabilitation RFqgram The Metropolitan Council has adopted an Allocation Plan for Rehabilitatiom Funds. The major objective of this plan is to ensure that state rehabilitation loans and grants are.directed into areas in proportion to their need for rehabilitation and the number of units eligibl'e. To accomplish this, the Council bas determined priority areas to assist in the distribution of allocated funds. Mound has been designated a third priority community and based upon this~ has beep allocated a modest share of loans and grants. Mound's loan and grant share is $127,500 and $14,256 respectively. Rehabilitation emphasis is placed on homeowner units' Local rehabilitation efforts are equally allocated to elderly, small families as well'as large families. No target group is called for as a result of community- wide housing quality analysis. Section 8 · The I,letropolitan Council has projected a heed for 99,850 low and moderate-income housing units through 1990. · Each Community's fair share allocation of the area-wide long-term need for low and moderate' income households was developed from a formula which indicates capacity to offer low and moderate income housing opportunities. Because tile communities represent sucl~ a variety of housing and land use patterhs, the fair share allocation that has been developed is expressed as a range rather than a goal. 'File maximum number 'is considered to be a community's full share. ~0 POLICIES This component of housing policy is intended to express action statements of directic to guide and coordinate future housing decision making. Th~ four major housi'ng policy areas are low and moderate ~ncome housing, modest cost new construction~ housing rehabilitation and community-wide housing policies. ~ Low/Moderate Income ~____o__usigg'Policies As stressed in previous plan sections, participation in public assisted housing programs is probably the only way in which Mound's low and moderate income households' needs will be addressed. The policies.are d~signed to focus on Mound's role in these federal, state and regional programs. 1. Plan for the future provision of all types of housing for existing and expected to reside residents from varied lifestyles and background. 2. Provide for Mound's appropriate share of regional-wide low and moderate income housing needs. 3. Participate in the full range of federal and state housing programs to match the diver'sified local need. 4. Encourage the participation by need to the special low and moderate income households of families, elderly, and handicapped. 5. Locate subsidized housing units in areas wi~h adequately provided urban services. Encourage the scattering of family subsidized uni.ts into housing structures of low to medium density such as single-family or {ownhouse structures; high- rise structures should only be considered for elderly housing. Modest Cost New Construction Policies A variety of local actions directly influence the price of new home construction. Recently, national publicity has focused on the role local government plays in many situations to escalate building costs for ne~/ construction beyond, the objectives of regulations of health, safety and welfare. Mound addresses these concerns with the following policies: 1. Establish· local land development regulatory codes on the basis of minimum standards for healtl~, safety and welfare. The minimum standards for lot size, size of dwelling units and provision of garages shall allow for the proyision of modest cost housing. · 6. 11 2. Allow flexible, development opportuni n local regulatorycodes for new creative designs'dealing with density transfer and planned unit develop- ment provisions. HousinQ Rehabilitation Policies Ongoing rehabilitation of Mound's housing stock is a high prioFity for the Cify based on the existence of older homes located in Mound identified as a major resource which needs maintenance. These policies will'guide Mound's further rehabilitation efforts: 1. Actively seek and coordinate with the federal and state housing programs offering financial assistance for housing rehab(litation either in the form of loans or grants. 2. Target rehabilitation efforts for owner-occupied units and in older neighbor- hoods of Mound. 3. Coordinate housing rehabilitation efforts wherever possible with other local neighborhood preservation programs and projects. Commun.!~y-Wide Housing Policies Miscellaneous policies which are not categorized into the broader sub-area policies dealing with generalized housing development'follows. 1. Establish environmental'protection regulations for new housing to be developed in areas with 'good site conditions absent of. flooding, wetlands, steep slopes, high water and bedrock, etc. 2. Encourage the development of energy efficient homes by strict building code adherance and by allowing the.development of unique and innovative alternative sources. 3.. Establish and maintain as predominately single-family residential', Mound's four neighborhood areas. 4. Realize the unique historical platting practices in certain areas by allowing greater flexibility in bulk/area regulations in older platted areas. . . . .~-'~"~.. .. , ~ - . .... ,. ,~.~ ..... .~ '. .. -~ ~, · 6. Retain multi-farm lyZde~elopment zones consistent with existing zoning and land development. ]2 Mound's low anO moderate income housing range extends fro~ a minimum of 64 to the maximum> or full sOe, of 160. The City of Mound~tends to provide.as many lo~ and moderate income housing'oppo[tunit]es within the range as possible w~th the .numerical goal set at the CitY's 3 year fair share at 35. Modest Cost New Construction Although the level of control the City maintains over the progision of new modest cost housing is limite~ to the establishment and enforcement of land use regulatory · controls, identification of this need is expressed in'Mound's commitment to match- ing the regional allocation plan. The Metropolitan Council has determined the total need for new modest cost housing is 35,310 units. Mound's fair share allocation is .ll percent or 39 units. guidelines. Three Year Summary Section 8 New Construction Existing 235/MHFA Affordable Home MHFA Rehabilitation Loans Local CDBG Rehabilitation Grants New Construction Modest Income It is the City's intention to meet these l~otal Elderly 15 -- 2O lO 20 Familx_ 15 . 10 10 10 Fair - Share Allocation 30 15 15 39 -- 39 13 CBD's Housinq Development Alternatives ** CDBG Land Acquisition Funds cannot be used for rehabilitation Grant Family is more feasible than elderly housing 1. To~.mhouse Family Section 8 rental 2. SF/TN Scattered site Section 8 rental 3. Townhouse Family 235 Condo. 4. SF/TH Scattered site 235 Homeowner Use of $22,000 CDBG vs bonus-fund applicati'on Housing Development Alternatives Family Need: Family vs. Elderly Programs Tenure: Rental vs. Home Ownership New Construction vs. Rehabilitation for assisted housing Location' Scattered location vs. s~m~ ~e~) Type of tlousing' Single-'Family vs. duplex vs. townhouse vs. multi-family CDBG Fund Use: land acquisition public utilities 14 a ociation of metropolit.en municipalit e NOT I CE OF._ ANNU-AL~EET I NG ~ ' DATE: Thurs~d~yT' '},[ay 2~mk1980 i ......~""'~'~ PLACE:' T~un/nderbird Motel~ · · · ~k /2201 East 78th St. '\ ' / ~ / Bloomington, MN' ~ Social Hour [, Buffet Dinner / Annual .Business (sponsored by Miller ~ .... / Pals, Inc. ) ,. ·· ~RoRoast Sirloi~n/Gf Beef COST' $12.00 per person Meeting BUS INESS .~[E~TING AGER~)A Call to Order - Dave Hozza, President Introduction of Guests and Retiring Board ~iembers Keynote address: Clyde E. Allen, Jr., State Commissioner of Revenue, "Financing City Government: What is the Future?" Election of Officers and Directors (Nominating Committee re- port enclosed) - Mayor Jo Nunn PresidenTs Annual ~e~o~t--~ DaveHozza Legislative ~irap-up and Announcements - Comments: President-elect Other Business that may properly come before the delegates EACH CITY SHOULD SEND AT LEAST ONE OFFICIAL REPRESENTATIVE TO CAST ITS VOTE. CITIES ARE ENCOURAGED, HOWEVER, TO SE~D AS MANY ADDITIONAL REPRESENTATIVES AS POSSIBLE. DINNER RESERVATIONS MUST BE CONFIR~'~D TO ODELIA CONLON (222-2861) BY NOON, TUESDAY, ~IAY 20th. ~ ..CHIEF AI),",IINISTRATIVE OFFICIALS, TIt!S NOTICE IS BEING SENT TO .r, tAYO~.~S,. A:'~-D DESIGNATED DELEGATES. P.O. Box 387, Wayzata, Minnesota 55391 BOARD OF MANAGERS: David H. Cochran, Pres. · H. Dale Palmatier · Albe~ L Lehman · James S. Russell * Jean Williams / LAKE MINRETONKA MiNt4E'OTA ~VE~' TO- FROM: DATE: RE: MEMORANDUM Mayors, City Managers and City Engineers of all Municipalities within the Minnehaha Creek Watershed District David H. Cochran, President Board of Managers May 7, 1980 Minnehaha Creek Headwaters Control Structure- Gray's Bay, Lake Minnetonka Status Report This memo is to update each of the municipalities within the Minnehaha Creek Watershed District regarding the new head- waters control structure at Gray's Bay on Lake Minnetonka. The new dam and control structure are now complete at the site of the old Gray's Bay dam. Management of flows from Lake Minnetonka to Minnehaha Creek has now begun in accordance with the Management Policy adopted by the Board of Managers in November, 1977. The two primary objectives of the Management Policy are: (a) to stabilize Lake Minnetonka levels between elevation 928.6 (the low point on the old dam) and 929.4 (the ordinary high water level of the lake); and (b) to prevent flooding on Minnehaha Creek. The District is required to operate the control structure in accordance with this Manage- ment Policy by the permit issued by the Minnesota Department of Natural Resources. For your convenience, I enclose a copy of the Management Policy. Since it has been some time since the Management Policy was reviewed at public hearing, I would like to review the key features of the Management Policy: 1. The elevation of the lowest point on the old dam (928.6 NGVD) is also the elevation at which discharge through the control structure must cease under the Management Policy. No discharge will occur with the new structure if it would not have occurred with the old structure. 2. The Management Pollcy provides %hat there will be no discharge through the structure from April 1 to July 31 until .the lake level reaches 929.3 NGVD. This will store more spring runoff on %he lake than would have occurred with the old structure. This practice can also store some water for lake level stabilization and creek flow augmentation later in the summer when levels would otherwise drop. As of May 1, 1980, the lake level was 929.2 and no dis- charge through the structure is occurring. 3. Discharge will occur later in the summer and fall as necessary to provide adequate storage capacity on the lake for the next spring runoff. 4. The range of control provided by %he struc- ture is within a fairly narrow band - from 928.6 (the lowest point on the prior dam) to 930.0 (one-half foot below the recorded high water level on the lake). Both levels were experienced often with the old dam. The results of excessive or sparse rainfall will not be changed by the structure. Abnormally low precipi- tation will still result in a lower lake and creek, as is occurring this year. Similarly, abnormally high precipitation will cause a high lake and creek. In most years, however, the structure should reduce the range of fluctuation in both lake levels and creek flows. For 1980, the Managers have adopted an Operational Plan establishing the specific procedures that will be followed in this first year of operation of the control structure. Under the 1980 Operational Plan, the District's engineer will be collecting lake level data and recording the rate of discharge through the control structure on a regular basis. This data will be analyzed by the Managers along with data to be supplied by the creekside municipalities in making adjustments to the control structure to accomplish the two primary objectives of the Management Policy - stabilization of lake levels and pre- vention of flooding on the creek. Under the Operational Plan, the District's engineer will be preparing a monthly summary of all data received and analyzed by his office, including adjustments made in the discharge rate during the prior month. This summary will be distributed to all municipalities within the District, other governmental officials and will be available to all interested persons. Please feel free to call any member of the District's Board of Managers or the District's engineer (473-4224), should you wish any additional information at this time. cc: District Mailing List (Other public officials and intereste~ citizens) -2- I07 ,~7f£D ~\-~ P.O. Box 387, Wayzata, Minnesota §539! BOARD OF MANAGERS: David H. Cochran, Pres. * H. Date Palmatier · Albert L. Lehman · James S. Russell · Jean Williams LAKE MIHNETOHKA / OT,~ MANAGEMENT POLICY AND OBJECTIVES MINNEHAHA CREEK HEADWATERS CONTROL STRUCTURE GRAY'S'BAY, LAKE ~NNETONKA November 1977 A new headwaters control structure is proposed to be constructed by the Minnehaha Creek Watershed District at the site of the existing Gray's Bay dam. This structure would be constructed and operated to accomplish the following objectives: 1. Stabilize lake levels on Lake Minnetonka to the maximum practicable extent between elevation 928.6 MSL (the low point on the existing Gray's Bay dam) and 929.4 MSL (the ordinary high water level for Lake Minnetonka) to mini- mize flooding on the lake and maintain more adequate year-end lake levels. 2, Limit the discharge to Minnehaha Creek to the maximum practicable extent to 250 cfs (the maximum carrying capacity of Minnehaha Creek without flooding) to reduce down- stream flooding. 3. To the extent that natural spring run-off and rainfall events can be anticipated, lake levels would be tem- porarily decreased in order to accommodate such run-off, which would later be released at a controlled rate, thereby reducing downstream flooding and reducing potentially harmful high lake levels. 4. To the extent feasible and consistent with the above objectives, creek flow augmentation will be provided. In summer, this would enhance recreation and aesthetics; in winter, it could alleviate potential flooding resulting from stream bed ice build-up. The attached figure demonstrates graphically how discharges at Gray's Bay would be regulated to accomplish these objectives. The chart shows proposed lake levels and discharge rates to the creek during an operating year of April through March. The ranges of proposed control are colored on the graph. I072- Pag'e Two The heavy black line descending from left to right across the chart (929.3 to 928.6) represents minimum lake levels which would be maintained during the months indicated. In a normal year, no flow through the structure would be per- mitted if lake levels are below the indicated elevations. The horizontal line at elevation 929.6 is the esti- mated lake level above which discharge to the creek with the present structure exceeds 250 cfs and downstream flooding will now occur. The proposed management policy would limit the discharge to the creek to 250 cfs at lake levels of 929.6 to 930.0. Under the proposed policy, lake levels above 929.6 would occur less frequently than with the present structure. The horizontal line at'elevation 930.0 represents a level above which high water on the lake would be reduced to the maximum practicable extent. Unrestricted flow through the structure would be permitted, resulting in a discharge rate to the creek comparable to that occurring with the pre- sent structure. The management objectives are illustrated on the graph by dividing the operating year into thirds. During the period April through July, a limited discharge through the structure would be permitted only at lake levels above 929.3 to store water on the lake during this period of high run-off for later lake level stabilization and low flow augmentation to the creek. During the period August through November, stored water would be released at a controlled rate to maintain more stable lake levels than are possible with the present structure and to enhance recreational and aesthetic benefits downstream. During the final third of the operating year, December through March, any additional stored water would be released through the control structure at a minimum rate of 25 cfs to prevent winter freeze-up in the creek. This final period of management will bring the lake level to an elevation that will provide an adequate storage capacity for the pre- dicted spring run-off. In a normal year, the minimum lake level at the end of this period would be 928.6. I0'11 o c~ ;',J .~. 0 I-, I--,- 0 0 i--,- o o el- O' 0 o (.0 CO 0 Z -I I I I I ll I I I ! i / I I 0 I association of metr. opo!itgn munlclpalll'ie , ' May 5, 1980 TO- RE- MEMBER CITY OFFICIALS NO).IINATING COMMITTEE FROM- MAYOR JO NUNN, CHAIRPERSON, AMM NOMINATING COMMITTEE Pursuant to Article IX, Section 3 of the AMM By-Laws, a Nominat- ing Committee consisting of 11 persons was appointed by the Board at the March 6, 1980 Board meeting. The Committee has completed its work and recommends the below listed slate o£ candidates for consideration at the Annaal Meeting on Thursday evening, May 22nd. FOR PRESIDENT Richard (Dick) Asleson, Apple Vall~ey Admin. (current Vice-President) FOR VICE-PRESIDENT Jim Krautkremer, Mayor, Brooklyn Park (current Board member) FOR BOARD OF DIRECTORS Two-Year Term - 8 to be elected Mary Anderson, Councilmbr., Golden Valley (current Board member) Ron Backes, Councilmbr., S~. Louis Park Jerry Dulgar, City ~Ianager, Anoka Jan Haugen, Councilmbr., Shorewood Jim Lacina, Administrator, Woodbury Tom Spies, Councilmbr., Bloomington Brad Stanius, Mayor White Bear Lake Stan Kehl, L egis. Liaison, Minneapolis (current Board member) (current Board member) (current Board mems~..r) (current Board member) (current Board member) One-Year Term - 3 to be elected Bea Blomquist, Mayor Eagan Judy Rowley, Councilmbr., Mounds View Bob Thistle, Manager; Coon Rapids Additional candidates may be nominated by any member :[rom thc floor at the Annual Meeting. (OV(g!~) lc o? The following Board memb,~-.~rs still..hav,~ one year remaining of their term' Sally Howard Jack Irving Denni~ Schneider Steve Wellington Councilmbr., ;,Iinneapolis i. Ianager, Crystal Councilmbr., Fridley Assz. ~o ~Iayorj St. Paul The members of the Nominazing Committee' June Demos, Mayor, Roseville Adrian Herbst, Councilmbr., Bloomington Rod Hopp, Mayor, Savage John Irving, City Manager, Crystal Harvey Lange, l[ayor, Robbinsdale Pat McGarvey, Adminisvrator, Lakeville Carl Meissner, Clerk-Treasurer, Cottage Grove Josephine Nunn, llayor, Champlin Doug Ryan, Councilmbr., coon Rapids Lyall Schwarzkopf, City Clerk, 5[inneapolis Steve Wellington, Asst. to ;[ayor, St. Paul Arneric Arbitration Ass lation CONSTRUCTION INDUSTRY ARBITRATION RULES I)EMANI) FOR ARIHTRATION D AT e; .-----fi---May- -5~--1980 TO: (Name) (Address) City of Mound Off pitrty upon v~hoFn 5341 Mayvood Road (City and State) Mound, Minnesota 55364 472-1155 (Telephone) Named clainmnt, a party to an arbitration agreement contained in a written contract, dated .......... , 1978 .... , providing for arbitration tinder thc Construction Industry Arbitration Rnlcs, hereby demands arbitration thcrenndcr. NATURE OF DISPUTE: 1. Valuation of work. 2. Interest on unpaid sums due under the Contract. 3. Wrongful termination of the Contract. 4. Improper back charges to the Contractor. 5. Breach of the Contract by reason of failure to stake and failure to obtain easements. CLAIM OR RELIEF SOUGHT: (amount, if any) Balance due under contract $175,000.00 + interest Damages for foregoing breaches of Contract 100,000.00 Please indicate industry category for each party. Claimant: [] Owner [7] Architect [--! Engineer ~ Contractor Other Respondent: i~ Owner [] Architect [_] Engineer ~ Contractor Other ............................. ~ SubcontraCtor, Specify ....... ~ ......... , Subcontractor, Specify HEAP, ING LOCALE REQUES'[ED:. ~ . Minn_e.ap°!~S, _Minnesota ......................... (City and State) You are hereby notified that copies of our Arbitration Agreement and of this Demand are being filed with the American Arbitration Association at its Regional Office, with the request that it commence the administration of the arbitration. Under Section 7 of thc Arbitration Rules, you may file an answering statement within seven days after notice from the Administrator. THO~S a SONS CONSTRUCTION, INC. Signed .... By: ~-.-,.:-;-~fi {¢/1,.~,=~::~ ..... Title ....... ~orney Tffokas J'. Roo~ey(May be Signed b~Attorney) Thomas & Sons Construction, Inc ...... 419 3rd Street.S.E., Osseo, Minnesota __ Zip Code _ 55369 425-7797 Thom. as J ~.. Rooney ............ 1170 Northern Federal Building. St. Paul, Minnesota_Z p Codc 55102 224-3361 Name of Clainm.t Addrc'4s(to bc used in coimccti., x,, ith this case) ('ity and State Telephone Name of .Attot ney Adch'cs~; City & State Telephone q't) jn,tilutc I)rt)cccdin?-. plv,~..' scu~J lhrc~' thc lilinl', fcc, a~; prt~aL.d iH %:'cli,),t -17 (~i Ibc Rules, l)cmm:d and thc arbitration agrccmcnt, x~ith AAA. Scnd original I)em:md to t~.c>por~ttent. CITY o'f MOUND May 8, 1980 53,41 MAYWOOD ROAD MOUND, M!NN[£SOTA 55364 (612) 472-1155 TO: All Boards & Commissions: Planning Commission Park Commission Human Rights Commission Housing & Redevelopment The City Council asked that all replacement of board and commi'ssion members to be appointed by the Council be recruited by the following methods: 1. The Boards themselves make recommendations. The newspapers be advised of the vacancies and as much pub- licity as possible be given the position so residents may volunteer. Notices be placed on all bulletin boards of the vacancies. (In the case of 2020 Commerce, a notice be placed on that bulletin board also. It was suggested that possibly a resident of 2020 might make a viable board member.) 4. After all recommendations and volunteers are received, the Council will make a selection from those available. "Le°hard L. Kopp City Manager LLK/ms cc: City Council May 8, MOUND. tA,rg','E~;O FA 55364 (612,~ 472-1 Bay Point Apartment Homes 4363 Wilshire Boulevard Mound, MN. 55364 Attn: Richard L, Jacobson, Resident Manager Dear Mr. Jacobson: This letter is to advise you to CEASE AND DESIST from violating the City's Ordinances by renting your recreational facilities (saunas, racquetball area, beach, etc.) to persons not eligible to use them under the zoning ordinance. Shortly after you appeared before the City Council for the Special Use Permit, a copy of a letter issued to your tenants was delivered to our Office. We asked the Attorney if the offer made was within the scope of our ordinance. He said that it was. On Wednesday, April 2, there appeared in the Sun Newspapers an ad advertising the apartment together with a special guest pass. We have been advised that the special pass, as advertised, has nothing to do with people who reside in the apartments and does not meet with our ordinance requirements. Also at the last Council meeting, one of the Counci]men advised that he personally knows of people who rent your facilities without re- siding therein. We are insisting that you discontinue renting the'recreation facili- ties to other than those entitled to under the City Ordinances. If you have any questions regarding the regulations, you can discuss this with either myself or the Attorney. Sincerely, _ x-,. .. - ?;_.; ...' .~::""/;r''~'''-~- ~..'~ .... .~. /,~¢~¥._~;. / ~ 'teon'ard L. Kopp City Manager LLK/ms cc: City Attorney City Council Building Inspector Police Chief Office o'/ ~h. Fiayor City of ~.}una Hound, Mn. !.:536;+ be. ar ~,ay~.:r L'.]vaasen, the r.,.'.';~ ',.'Ill sho:.', y)u adv]s.:c us al: le:',t night's City Cou;~;~l ms;tin9 that ii: ~a had no access to u,~e. Lym.'ood '~ ~,;y, ,,,'..~ :, ouIc~ not havz to bo assess. 'for the biac. ktop, i n~ th,crc, of. ':/: ar,~ c:'.',sing you an3 the City Eounci] that :~ do not, ant, a::, far [:: ~,.; cdp tall, no ::m..~ at thTs :.;~te ha ,wet used thc al!_.y since th~ h~us: h~r~; '~as built in I%7. Cotlnty ~-tigh. 2y 7~ ('_yrr,,.~)c).:~ 2ou]evar~J), the ~.nly one that has dr: ..:. .~,,.'~ ,*s r;.::..ent¢ at d ;!-.t~av=],:-:d coi-n,~r, b.,,~ by v.~h[c],3; ,)c:..: ,.:t~ :a~s~ :.'; :~I-~~ ~ ' ' ...... ,, cont~nu.~ our ,-;f'ro~-ts t~ k~e2 ~t neat anu c].::an .,[ck[n9 ,~,~ th.; trash that ~:~ dump~d ther~ da;]y by th: ~,as:c~' f'y [both '~;n,]s), ~./~'~ oft:3n ' '" , .'onu,~r ~f there couldn't b:; sore.: ::,)'t of ant~]'tt::r or~'.~nanc..3 that ~;o~] J at least warn th,.;r,¢¢ :,u]d be poi'ce c. ct~on available, Th.~l'-,: ;_ no r,.asor, ',..'hy ;iound cannot be a n~;;; to'...,'l'.,. Hov~aver, it :;u_..;, to us th; i:~ag,; ,~ the to'~,n b,:9ln; ./ith what ?~o,~],~ sue Ero-~ the roa:::s, stre.;t::, and h~gh',.ays-",:,r~J ]ess by whatl~.;r or not the all~ys ar,: pav,3d, ..~; sn.:,;, cont]nu.: to be ~oo~ and suk~,)ort'vc citizens eno ho;,; that ~';,.., ~"na r.zc ] 2rocat,~s, [;,: Sity ;lcr'h May 5, 1980 Mr. Thomas Prokasky 1102 Wesley Temple Building Minneapolis, MN 55403 5341 M~,YWOOD ROAD MOU.'"~[}. 1~4h"',h',:,{SOTA 55364 (S12) ~155 Dear Tom: I appreciated our conversation a couple weeks ago regarding the Mound City Hall handicapped access project. Since the funds for this project come from HUD's CDBG program, we are wanting to proceed with the project in earnest now that the building code has been adjusted. Accept this letter to proceed in preparing project specifi- cations. Please inform as to a rough project schedule and if the 1978, October 23rd cost estimate of approximately $10,000 is current. As an addition to the City Hall access project, two other handicapped projects have been.funded under the CDBG program: Island Park City Hall and the Depot at Mound Bay Park. I would like to have you develop the appropriate specifications and design on these a]so. The budget for those is $4,000 total. The bids, therefore, may be combined into one project. Please advise if this is acceptable. You may want to expand your agreement with the City to handle these two additional projects at which time the specifications would come before the City Council. Are you aware of HUD guidelines in selecting contractors, etc.? Please ca]l with any questions. Sincerely, Charles E. Riesenberg ;~/-~ City Planner CER/sg cc: L. Kopp American Legion Post 398 DATE APRIL 30,. 1980. GAMBLING REPORT CURRENT MONTH YEAR TO DATE GROSS: .~2205.O0 ~6665.O0 EXPENSES: ~UPPL} FS 322.60 07.40 ~969.8~_ PAYOUT AS PRIZES: 12gO .O0 _ _ ZTO0.O0 PROFIT: ~5A7.60 ~lgqS.16 DISTRIBUTION OF PROFITS: AT,ANO ~'25 ,,OO AM. LFG.' ,SOFT~ALL FEES ~2~0.00 CHECKING ACCOUNT AND _~265.OO gASH 1078. O0 ~1765.89 CITY OF I~OUr~D Mound; Iqinnesota Patching. Snm.r Removal Monthly Activity Report of Street Work Units Sidewalk Snow Removal #pSO #781 #782 Street Bl~dino #983 Storm. Sewer Maint. ffPgh This ~Ionth C.B.D. Maintenance tqonth o£ Apri! 1980 Deo~rtment & Shop L,st Month ThiSto D,teYe~r ! LsstY~r · Materials TransDort Residential SweeDin9 #~87 Clerical ~#~88 Street Seal Co,ted #P89 Paver #?90 C,B.D. Sweeping Sidewalk Maint. #291 /ff O Street Sand & Ice Control //993 Misc. S i 9n s Shoo Maintenance #297 Service - Ooerators .. Street Lightln9L (Xmas) Cemet.~ry #?99 #371 0 _ lO. L, ~9# asnoaue '£oas!R -LI9# sIooqo$ ~09# .... au!qn°H zog~ 009# · ~suI ~ 'qu!~M uo!qd3S uo!qaaqs~imp,v .... ,, $o Rquo~ eqosauu!M ~punoM 0 OI q.3uo.5~ q~uoN I I9~ · iu ~ ~ xo~ ~,ans 609~ 'lu~H ~ 'u~uI asnCR ¢mnd 909~ a~aoa~ ~ '~u~ 'ua9 1~09~ zu~qnoH ~o~J30 ('qS~nbaH) pa~.H sa~14 $o '0M paqsa£ ~aqaN $o 'o~ guzm~Sd-UOM su0 u~n£ 3o 'oN 0~usmA~--ed-~OiXi sjj0 uan£ jo ,oM su0 uani jo 'oM sSJO uan£ jo 'oa (sUOllaO~ p~znpo~d aalafi dO (/MflO~"l dO A£I3 I CITY OF MOUSED Iq0UND,, NII~ESOTA Monthly Aztivity Report of Water Depar[ment This Last This Year Work Units I{onth Nonth to Date Times Checked Pump //1 Times Checked Pumo //2 No. Tithes Checked Pur,:n //3 No. Times Checked Pumo #h No. TiT:es ~,~eo~ed Pumo ,~ No. Times Checked Pumo ~6 No. Ti~es Checked Pump //7 Shor~ //999 Last Year to D¢