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1994-06-28CITY OF MOUND MISSION STATEMENT: The City of Mound, throu h teamwork and COoperation, Provides at a reas,,n~-, ......... ,.- . .g 1 respond ~o e needs of all citizensi fostering '~ ~'f~,~a~'act~iUvaj~a%~e/l~uCrei~ht.nm~ C°mmuni~ ~i--: AGENDA CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL - REGULAR MEETING TUESDAY, JUNE 28, 1994, 7:30 P.M. CITY COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE. APPROVE THE MINUTES OF THE JUNE 14, 1994, REGULAR MEETING AND THE JUNE 21, 1994, COMMIWFEE OF THE WHOLE MEETING. PG. 2331-2347 ~ RESOLUTION APPROVING THE PRELIMINARY PLAT FOR A PLANNED DEVELOPMENT AREA KNOWN AS PELICAN POINT - BOYER DEVELOPMENT CORPORATION. PG. 2348-2357 APPROVAL OF ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) FOR PELICAN POINT. PG. 2358-2383 RESOLUTION OF DENIAL, ROD LARSON & MYRNA NOYD, 2976 HIGHLAND BLVD., PID #23-117-24 41 0016, VARIANCE FOR GARAGE ADDITION. PG. 2384-2387 A E~.~_~.~: MARK WALSTROM, 4872 LESLIE ROAD, LOTS 8 & E 1/2 OF 9, BLOCK 21, WYCHWOOD, PID #24-117-24 41 0021. REQUEST: VARIANCE FOR FENCE. PG. 2388-2394 CASE #94-31: MICHAEL & CAROL JOHNSON, 1733 SHOREWOOD LANE, LOTS 13 & 14, BLOCK 5, SHADYWOOD POINT, PID #13-117-24 11 0030. REQUEST: VARIANCE FOR PORCH. A E_C~.~._~:,~: JAMES PETERSON, 2561 WEXFORD LANE, LOTS 4-13, BLOCK 7, SETON, PID #24-117-24 14 0001. PG. 2395-2407 2327 "' " ,"", II Il, 10. 11. 12. 13. 14. 15. 16. 17. 18. REQUEST: VARIANCE FOR DECK. PG. 2408-2424 AEC: CURTIS & MARJORIE OLSON, 4801 ISLAND VIEW DRIVE, LOTS 1 & EY OF 2, BLOCK 13, DEVON, PID g25-117-24 11 0122. REQUEST: VARIANCE FOR DECK. PG. 2425-2441 E~: DUSTIN FRANTSEN, 2901 MEADOW LANE, LOTS 1 & 9, BLOCK 5, MINNESOTA BAPTIST SUMMER ASSEMBLY, PID//23-117-24 42 0104. REQUEST: VARIANCE FOR GARAGE. PG. 2442-2455 A_~: LOUIS, SHARRON & TIMOTHY ZSABO, 5135 DRUMMOND ROAD, LOTS 9 & 10, BLOCK 14, WHIPPLE, PID//25-117-24 12 0114. REQUEST: VARIANCE FOR ADDITION. PG. 2456-2478 CASE//94-36: THOMAS HALL, 4994 BARTLET'F BLVD., LOT 4, BLOCK 3, JOHN S. CARLSON ADDITION, PID//13-117-24 43 0040. REQUEST: VARIANCE FOR DECK. PG. 2479-2492 AEC: MICHAEL JOHNSON, 1721 GULL LANE, LOTS 5, 6, 7, BLOCK 14, DREAMWOOD, PID//13-117-24 13 0014. REQUF~T: VARIANCE FOR GARAGE ADDITION. PG. 2493-2508 CASE #94-40: DIANA AKEY, 1920 SHOREWOOD LANE, LOT 6, BLOCK 2, SHADYWOOD POINT, PID//18-117-23 23 0008. REQUEST: VARIANCE FOR DETACHED GARAGE. PG. 2509-2520 E~: PAUL & VIRGINIA ERICKSON, 1564 CANARY LANE, LOTS 7 & 8, BLOCK 4, WOODLAND POINT, PID//12-118-24 43 0013. REQUEST: VARIANCE FOR PORCH. PG. 2521-2533 E~._~-4: WILLIAM & DEDRA KNOSALLA, 1705 EAGLE LANE, LOT 1 & 2, BLOCK 12, DREAMWOOD, PID//13-117-24 12 0064. REQUEST: VARIANCE FOR GARAGE ADDITION. PG. 2534-2546 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. APPLICATION FOR PUBLIC LANDS PERMITS: DOCK SITES - 12550 & 22360. PG. 2547-2556 2328 19. APPLICATION FOR PUBLIC LANDS PERMITS: DOCK SITES - 02665, 13810, 31360, 31390 AND 51030. PG. 2557-2582 20. APPLICATION FOR PUBLIC LANDS PERMIT: DOCK SITE//42351, MICHAEL HENRY, 4737 ISLAND VIEW DRIVE (FORMERLY DEAN HANUS PROPERTY). PG. 2583-2610 21. RF-SOLU~ION APPROVING OPERATIONS PERMIT FOR INFINITI MARKETING, INC., 5318 SHORELINE DRIVE (BALBOA BLDG.) PG. 2611 22. RESOLUTION DESIGNATING CERTAIN AREAS AS NATURE CONSERVATION AREAS (NCA'S) IN THE CITY OF MOUND. PG. 2612-2615 23. APPROVE PLANS AND SPECIFICATIONS AND SET BID DATE RE: JOINT PUBLIC WORKS STORAGE SITE, CITY OF MINNETRISTA AND ADVERTISING FOR BIDS ON THE PROJECT. SUGGESTED DATE: JULY 29, 1994. (MATERIAL WILL BE DISTRIBUTED TUESDAY EVENING.) PG. 2616 24. APPOINTMENTS TO SUBURBAN ALLIANCE BOARD. PG. 2617-2618 25. LICENSES: OUR LADY OF THE LAKE CATHOLIC CHURCH: NON-INTOXICATING MALT LIQUOR PERMIT SET-UP PERMIT - PLEASE WAIVE FEE PUBLIC DANCE PERMIT - PLEASE WAIVE FEE PG. 2619-2620 26. APPROVE PAYMENT REQUEST #1 - WATER METER READ SYSTEM, SCHLUMBERGER INDUSTRIES - $25,433.40. PG. 2621-2622 27. PAYMENT OF BILLS. PG. 2623-2632 28. -INFORMATION/MISCELLANEOUS Bo Financial Report for May 1994, as prepared by Gino Businaro, Finance Director. L.M.C.D. mailings. Park & Open Space Commission Minutes of June 9, 1994. Planning Commission Minutes of June 13, 1994. PG. 2633-2634 PG. 2635-2684 PG. 2685-2692 PG. 2693-2705 2329 Eo Preliminary population and household estimate (April 1, 1993) for the City of Mound, as prepared by the Metropolitan Council. Letter of Application for the Planning Commission vacancy. Interviews will be conducted by the Planning Commission at their meeting June 27, 1994, beginning at 7:30 P.M. You are invited to attend. Proposed amendments to Hennepin County's Recycling Ordinance. Proposed amendments require commercial waste generators to separate high grade office paper, corrugated cardboard, aluminum cans, glass bottles and jars, and wood pallets from their normal trash for recycling. The public Service Committee will be meeting on June 30, 1994, to discuss. Also, on June 30th, the Public Service Committee will be considering a revised Recycling Funding Policy for 1995-1999. The revised Recycling Funding Policy proposes that recycling grants from Hennepin County to cities be limited to a distribution of and annual SCORE revenues which Hennepin County receives from the State. The policy also allows cities which do not contract for curbside recycling service to retain up to 10% of the grant funds for administration and promotional expenses. PG. 2706-2707 PG. 2708-2711 PG. 2712-2726 PG. 2727-2741 2330 Mound City Council Minutes June 14, 1994 MINUTES - MOUND CITY COUNCIL - JUNE 14, 1994 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, January 14, 1994, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, and Phyllis Jessen. Councilmember Ken Smith was absent and excused. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, City Planner Mark Koegler, Building Official Jon Sutherland, and the following interested citizens: Quirin & Maria Matthys, Craig & Karolee Goodrich, Sandra Berkey, Joann & Bernie Boeser, Richard & Pauline Garozzo, Anthony Ornelis, Brian & Sue Schebler, John Costello, Dave Lanz, Patty Guttormson, Valerie & Dan Hessburg, Jackie & Peter Meyer, Dave Wren, Jeanette Belcourt, Becky Hunt, Diane Maloney, Jay Petersen, Rhonda & Greg Eurich, Patti Herzog, Greg Sicheneder, Carol Haunner, Michael Tegeder, David Decker, John Boyer, John Blumentritt, Kevin Norby, Rod Larson, Craig Smith and Myrna Noyd. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 MINUTES MOTION made by Smith, seconded by Jessen to approve the Minutes of the May 24, 1994, Regular Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.1 ..RESOLUTION COMMENDING LT. RONALD L. WHITEHEAD AND THE BLOOMINGTON POLICE DEPARTMENT FOR ASSISTANCE IN A MOUND POLICE DEPARTMENT INTERNAL INVESTIGATION. The Mayor read the proposed resolution. Jensen moved and Ahrens seconded the following resolution: RESOLUTION//94-76 RESOLUTION COMMENDING LT. RONALD L. WHITEHEAD AND THE BLOOMINGTON POLICE DEPARTMENT FOR ASSISTANCE IN A MOUND POLICE DEPARTMENT INTERNAL INVESTIGATION The vote was unanimously in favor. Motion carried. Mound City Council Minutes 1.2 June 14, 1994 PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT FOR A PLANNED DEVELOPMENT AREA KNOWN AS PELICAN POINT - BOYEK DEVELOPMENT CORPORATION. The application includes three items for approval: the Planned Development Area (PDA), the Preliminary Plat, and variances. He outlined the following: 1. Environmental Review. An Environmental Assessment Worksheet (EAW) will be prepared. An Environmental Impact Statement (EIS) is not expected to be necessary as Mound's shoreland ordinance should receive DNR approval prior to the final plat approval (at least 60 days). 2. Density and Total Units. The maximum density allowed on the Pelican Point site, based on the proposed plan, is 48 units. The total number of proposed units is within thc requirements of both the Mound Zoning Code and the State shoreland requirements. 3. East Port Road. The developer's attorney and surveyor will need to research the platting history of East Port Road and work with the City Attorney to resolve any issues. 4. Streets. Pelican Point Circle is proposed to be constructed as a public street. The design and installation of the pavers must not create a future maintenance problem due to frost heaving, snow plowing or differential settlement. 5. Driveways. If driveways are to be installed over lot lines, appropriate easements will need to be established. 6. Variances. Variances for setbacks, lot width, lot area, street frontage, and street width are included in this application. 7. Impervious Cover. Mound's shoreland ordinance limited impervious cover to 30% of the total site. The State shoreland rules limit impervious cover to 25 %. Pelican Point, as proposed, has an approximately impervious cover rate of 28.8% including both the mainland and island areas. 8. Bluff Areas. Most of the riparian units observe at least the 30 foot setback. Exceptions include Lot 7, 8, 9, 10, 11, and 12 of Block 2. Bluff setbacks for these units range from 13 to 28 feet. Only lots 9 and 10 have a setback less than 20 feet. 9. Water Oriented Accessory Structure (WOS). A WOS is being proposed with a floor area of 900 square feet, requiring a variance from the State shoreland standards. 10. Vegetation Removal. Covenants regulating vegetation removal could be included within the homeowner's association agreements. Mound City Council Minutes 11. June 14, 1994 12. 13. 14. 15. Docks. A common dock area accommodating 40 boats is proposed. Mound does not have any specific review authority regarding docks, but can offer comments to applicable permitting agencies. Park Dedication. The Mound Park Commission will be reviewing the plat in June. Channel Easement. The preliminary plat identifies a 70 foot wide channel easement between the mainland area and the island. Trail. The plan identifies a trail leading from the housing units to the common dock area, and is generally consistent with the shoreland regulations. Landscaping. Concept plans have been submitted and adequately convey the character and level of landscaping. Additional detail, including identified species and sizes, will need to be supplied at a later date. Staff recommended that the Planning Commission recommend approval of the conditional use permit to establish a Planned Development Area (PDA) including applicable variances, approval of the Preliminary Plat for Pelican Point, and incorporation of the Preliminary Plat dated 4-2 !- 94, last revision 5-10-94 as Exhibit 1 of the conditional use permit subject to applicable conditions. If the Planning Commission concurs with this finding, the following motion is suggested: The Planning Commission recommended that the City Council approve a Conditional Use Permit for the establishment of Pelican Point as a Planned Development Area including applicable variances for lot sizes, lot width, lot line setbacks, and street frontage corresponding to the lot configuration shown on the Preliminary Plat. Furthermore, the Planning Commission recommended approval of the Preliminary Plat as well as its incorporation into the Conditional Use Permit as Exhibit 1. The aforementioned approvals are contingent on the following conditions: Because of exceeding the threshold for an EAW resulting from the proposed common dock area (marina) and in order to satisfy local environmental concerns, the applicant shall prepare an Environmental Assessment Worksheet (EAW), consistent with the requirements found in the Minnesota Environmental Quality Board Environmental Review Program, 4410.0200 to 4410.7800. The EAW shall include a biological inventory of the site as well as a Phase I archaeological reconnaissance survey of the property. If the EAW results in information requiring additional conditions to this preliminary plat approval, said conditions will be added prior to final plat consideration. The applicant shall secure all applicable permits from all entities with jurisdiction over this project including, but not limited to, the Department of Natural Resources, the Minnehaha Creek Watershed District, the Lake Minnetonka Conservation District and the Department of Health. Mound City Council Minutes June 14, 1994 3. The applicant shall investigate and supply information to the City Attorney regarding the historic platting of the East Port Road area and Island View Drive in order to verify that the property shown within the Preliminary Plat is free of outside encumbrances. 11. 12. 13. 14. All private driveways shall either be located within the lot that they serve or easements shall be prepared allowing access on neighboring lots. The project shall be limited to a total amount of impervious cover not to exceed 30 percent. As such, the City recommends that the DNR approve an impervious coverage variance if applicable. Bluff areas as delineated on the Preliminary Plat shall remain undisturbed. The City recommends that the DNR approve top of bluff setback variances consistent with the unit placement shown on the Preliminary Plat. The City finds that the one proposed water oriented accessory structure is reasonable and recommends variance approval by the DNR since it serves 40 homes. The proposed building is of far less impact than a series of private water oriented accessory structures that would be allowed if the lakeshore was platted into private lots in a more traditional subdivision design. Said water oriented accessory structure shall comply with the setback and color restrictions identified in the State shoreland rules. Covenants and bylaws of the homeowner's association shall include provisions restricting vegetation removal from Outlot C. Said documents shall be approved by the City of Mound at the time of final plat approval. Permits for docks shall be obtained from the DNR and LMCD as applicable. Park dedication fees shall be collected in conformance with the Mound Subdivision Ordinance. Tree management practices shall be followed consistent with the Tree Management narrative submitted as part of the developers nan'ative and included as part of the Conditional Use Permit as Exhibit 2. The applicant shall prepare a detailed landscaping plan for the project entry for review and approval by the City Planner. Detailed information on paving at the entry area and at trail crossing points shall be prepared by the applicant and submitted to the City Engineer for review and approval. All interior lot lines shall be required to have a 5 foot wide drainage and utility easement along both sides except common lot lines which pass through buildings. Mound City Council Minutes June 14, 1994 15. Easements with a minimum width of 20 feet shall be provided for utilities not located within street rights-of-way. 16. A drainage and utility easement shall be provided at the north end of Outlot C for the storm sewer and drainage channel that leads to Lake Minnetonka. 17. 18. The City's existing storm sewer in East Port Road shall be added to the Preliminary Utility Plan. Furthermore the proposed drainage pond shall have adequate capacity to accommodate runoff from the Pelican Point development as well as from the existing City storm sewer. Drainage calculations demonstrating adequate capacity shall be submitted and approved by the City Engineer. The sediment control structure for the pond outlet shall be relocated midway between the inlets. Silt fence shall be located to contain all areas disturbed by grading. Method #1 for silt fence installation as shown on the Preliminary Grading, Drainage and Erosion Control Plan shall be utilized. 19. 20. 21. All utilities adjacent to Pelican Point Circle shall be constructed within the public right- of-way. The proposed sanitary sewer shall be extended from manhole #7 with an additional manhole placed to provide service for Lots 19 and 20, Block 2. An additional sanitary sewer manhole shall be added closer to the intersection of the private drive (as shown on the plat) and Pelican Point Circle to retain the line within the public fight-of-way and to reduce the length of the services to Lots 5 and 6, Block 1. The watermain in this area shall also be moved. 22. An additional fire hydrant shall be added at the proposed cul-de-sac. 23. 24. Additional mainline gate valves at locations acceptable to the City Engineer shall be added to provide zoning of the water distribution system. Pelican Point Circle shall be constructed as a 28 foot wide (back to back) public street accommodating parking on one side. A 10 foot variance from the right-of-way requirement is approved due to the desire of both the applicant and the City of Mound to maximize retention of existing tree cover. 25. Ingress and egress lanes at the project entrance shall be widened to 16 feet (back to back) and B618 curb and gutter shall be installed. 26. The proposed cul-de-sac that is identified on the Preliminary Plat as a "Shared Private Driveway" shall be platted and constructed as a public street with fight-of-way and pavement widths consistent with Pelican Point Circle. A variance for the cul-de-sac Mound City Council Minutes June 14, 1994 bubble of 20 feet is approved to establish an 80 foot diameter bubble with a paved area with a 70 foot diameter. The pavement width at the bubble can be reduced by the placement of a landscaped island providing that the cul-de-sac is posted for one-way traffic only. 27. Plans for street lighting shall be submitted for review and approval by the City Engineer. Said plans shall identify the system ownership as either public or private and shall specify pole and fixture types and locations. 28. No structures shall be built or placed upon the island (Outlot C) without specific modification of the Conditional Use Permit. 29. The approval of the PDA and preliminary plat are subject to all other applicable city codes and ordinances. 30. All bylaws and covenants and other association documents are to be reviewed by the City Attorney. The City Engineer commented that in answer to several questions brought up at the Planning Commission public heating: 1)the main entrance to Pelican Point is approximately 75' from the crest of the hill on Tuxedo Blvd. and meets all the state requirements as far as sight is concerned; 2)Tuxedo Blvd. was designed to carry over 6500 cars per day. Last year a traffic count was done and that showed 4447 per day so the additional 240 trips a day to be generated by Pelican Point is still well under what the road was designed to carry. Boyer Building Corp. reviewed their plan. They assured the Council that they will do everything they can to preserve the majority of the trees on the property. They also reported that they feel with the larger than necessary pond they will be creating will also cut down 'on the nutrient that is currently entering the Lake from this property. Their plan is to have the entire project completed in 3 years from the start, this Fall. They asked that the Council consider the following: Deferring the Park Dedication Fees ($3,100 per unit) until the closing of each unit occurs. Support from the Council, with the LMCD and DNR, on 40 unit dock marina and the water oriented accessory structure. e The cul-de-sac area (which will serve 6 units), be 22' or 24' not the 28' in width, which would allow 2 cars to pass with no parking on this road. The Mayor opened the public hearing. There were no comments. The Mayor closed the public Mound City Council Minutes June 14, 1994 heating. On the three items asked about: Cul-de-sac - The City Engineer reported that if there is no parking allowed on this street or cul-de-sac, a 24' width would be acceptable. The road would still have to be constructed as others in the plat, with curb and gutter. Also it would be a public street. 40 dock marina & accessory structure - The Council stated they are in support of the 40 boat marina and the accessory structure as requested and they would relate this to the LMCD and DNR. e Park Dedication Fees - The Council explained that they have to be consistent and the ordinance is explicit that the fee is to be paid before final plat approval. They have required others to pay this fee. MOTION made by Smith, seconded by Ahrens to direct staff to prepare a resolution of approval of the preliminary plat for a Planned Development Area for Pelican Point detailing the conditions discussed tonight. The vote was unanimously in favor. Motion carried. 1.3 MOTION made by Johnson, seconded by Ahrens directing that a letter be written to the LMCD and the DNR giving strong support to the 40 slip marina at Pelican Point and the accessory building. The vote was unanimously in favor. Motion carried. 1.4 PUBLIC HEARING: CONSIDERATION OF AN AMENDMENT TO THE MOUND ZONING ORDINANCE, SECTION 350:310, TO ADD A DEFINITION FOR "VICTIMS OF DOMFSTIC ABUSE SHELTER" AND AN AMENDMENT TO THE MOUND ZONING ORDINANCE, SECTION 350:760, TO MODIFY THE TEXT OF THE EXISTING CODE TO ADD "VICTIMS OF DOMESTIC ABUSE SHELTER" TO THE LISTING OF USES ALLOWABLE IN THE GENERAL BUSINESS (B-2) ZONING DISTRICTS BY ISSUANCE OF A CONDITIONAL USE PERMIT. The City Planner stated that there is not a great deal of new information to add, with the exception this item was part of a package of items offered previously. Initially it was driven by the use of an existing building which subsequently has been demolished and is not part of the plan. However, the applicant had made a legitimate application and has chosen to continue that application to pursue modification of the zoning code to allow a "victims of domestic abuse shelter" within the B-2 zoning district. As discussed before, this type of use could then be placed in any of the B-2 zones within the city, subject to conditional use permit approval. He stated that "victims of domestic abuse shelter would have to be defined and a modification made Mound City Council Minutes June 14, 1994 to the text of the existing code to add this as an allowable use in the B-2 district. The Planner reminded the Council that ordinance amendments according to the City Zoning Ordinance reads in part, ...... ~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. M That type of finding would be necessary in order for the zoning ordinance language to be amended to allow this type of use in the B-2 zone by conditional use permit. The applicant, Dan Hessburg, addressed the Council. He stated that this zoning amendment is being requested because there is a need in this community and the surrounding area for this type of shelter. He stated that this land use would be an educational, philanthropic, and charitable nature for the community and its residents. He stated this type of shelter would be an asset to the community, not a detriment to the public health, safety and welfare. Mr. Hessburg then presented overheads that he stated would relate to some of the concerns that have been brought up in the past. The area to be served by the shelter would be Mound, St. Bonifacius, Minnetrista, South Lake Minnetonka, Deephaven, and Wayzata. He gave statistical data on the number of abuses, as reported to the police departments, in this area. Jackie Meyer presented slides of different shelters in the Twin Cities area. The Mayor opened the public hearing. The following persons spoke against the zoning amendment for the following reasons: 2. 3. 4. 5. 6. 7. 8. 9. James Ventura, attorney for Driftwood Shores Association Sue Schebler, 1759 Lafayette Lane Jim Welbourn, 1747 Lafayette Lane Chuck Auger, 1769 Lafayette Lane Craig Goodrich, 1776 Lafayette Lane Sandra Berkey, 1768 Lafayette Lane Anthony Ornelis, 1759 Lafayette Lane Brian Schebler, 1759 Lafayette Lane Steven Berkey, 1768 Lafayette Lane (letter read to the Council) Reasons: There is no proposal. No plans, rules or guidelines have been presented. No plans have been presented for a building and no budget. This shelter would be just a temporary residence. There would be no counseling at the facility. Would have a negative impact on the neighborhood. June 14, 1994 Mound City Council Minutes - This type of use would eliminate property taxes on this parcel of land. Allowing this in the B-2 zone, 2 of those areas are at the entrance to the city. - A community residential facility is already allowed in the R-3 multi-family zone and there are lots available in that zone. - R-3 multi-family would be better suited for this type of use and lots are available in that zone. The Council should assess the needs of the city and its residents. - The proposal is vague and nebulous. - Any police calls would be a concern to the neighborhood. - There are 3 - B-2 zones and the city could be asked to approve other types of shelters (i.e. drug rehab, half-way houses, etc.) in the future. Don't know how long these people would be housed at the shelter. - A letter from Alan Goodell-Holmes, Ph.D., Licensed Psychologist was submitted. - In favor of a shelter but not in a residential area of Mound. Fear of violence in a residential neighborhood. Would rather see some commercial business on the Fina site, not a shelter. - Would rather have the Council deal with a site specific, not just generally change the zoning ordinance to allow a victims of domestic abuse shelter. - A letter from Jon Scherven, Burnet Realty, on an alternate site at the corner of Shoreline Dr. and Norwood Ave. Pictures were submitted of a shelter with a sign that stated that no donations would be accepted there. When the person questioned the sign, they were told it was because of the violence that has occurred. - No taxes would be generated by a shelter. Shelter will house more people from out of the area than residents of Mound. The following persons spoke in favor of the proposed zoning amendment for the following reasons: 2. 3. 4. 5. 6. 7. 8. Reasons: Jay Petersen, 2667 Halstead Lane Greg Sicheneder, Minnetrista (therapist working with perpetrator violence) Dave Decker, Psychologist with Pyramid Mental Health Center in Minnetonka. Dave Rand, 4610 Hanover Road Buddy Erickson leanette Belcourt, 4936 Leslie Road Becky Hunt, 4935 Bartlett Blvd. Val & Dan Hessburg, 3490 Lythram Way There is a need for this shelter in this area. There is a 60% turn away rate at other shelters. Plans and guidelines would be addressed in a conditional use permit, not at this time. Mound City Council Minutes June 14, 1994 - Service are of 42,000 people, includes the surrounding area. Need to stop the violence. Women and children deserve the feel safe and shelters provide safety. - A letter from Samaritan Center (Delia Bujold, Licensed Marriage & Family Therapist) was submitted. - There were 55 child protection cases started in 1993. - We need to triple the number of shelters in the metro area. The community needs to get behind this and support stopping the domestic violence. - Violence against women is the number 1 health issue for women. - When a shelter was needed, this person had to take her 4 children out of school and go to Eagan, because there was nothing else available. - 7 letters were submitted in support of the shelter in the B-2 zone. Val Hessburg, yes or no. Director of Westonka Intervention, urged the Council to make a decision tonight, The Mayor closed the public hearing. The Council discussed the need for a shelter. The consensus was that one is needed, but what zone it should be allowed in is another question. The Council discussed the fact that a commercial residential facility, already allowed by CUP in the R-3 zone is not the same as a victims of domestic abuse shelter. The difference is that a commercial residential facility is state licensed and the other is not. At this point, a victims of domestic abuse shelter is not allowed in any zoning district of the city. The City Attorney stated that designing the uses for the district should be done without taking into consideration some specific proposal or a specific site. He also pointed out that in order to approve the proposed zoning amendment, a 4/5 vote is required. Council Liaison Jensen, stated that the Planning Commission was not as successful as the Council in looking at the overall zone, trying to divorce themselves from the issue of the convent moving to the Fina site. She further stated that the Planning Commission did address the fact that this would affect all three B-2 zones. The Council all agreed there is a need for a shelter in the community, i.e. the Westonka area. The Council discussed the possibility of allowing this shelter in other zoning districts. MOTION made by Smith seconded by Ahrens to deny the request for an amendment to the Mound Zoning Ordinance, Section 350:310, to add a definition for "Victims of Domestic Abuse Shelter" and an amendment to the Mound Zoning Ordinance, Section 350:760, to modify the rest of the existing Code to add "Victims of Domestic Abuse Shelter" to the listing of uses allowable in the General Business (B-2) Zoning Districts by issuance of a Conditional Use Permit. Mound City Council Minutes June 14, 1994 Councilmember Jensen stated that no matter what zone this shelter is proposed to be in, the faces will change but the words will not. Councilmember Jessen stated that if she votes to deny the request, it is because she wants would like to see this be broader in scope than just the B-2 zone. Mayor Johnson, Councilmembers Ahrens & Smith all stated that they are not convinced that this is the best use for the B-2 zoning district. Councilmember Smith stated that he feels this type of use in a B-2 zone is not consistent with what the EDC is trying to do in the business areas of Mound. The vote was 4 in favor with Jensen voting no. Motion carried. 1.5 MOTION made by Jessen, seconded by Smith to direct Staff and the Planning Commission to look at all zones where they feel a victims of domestic abuse shelter would fit, develop a definition, and bring a recommendation back to the Council. Councilmember Jensen stated she is voting against this for the same reason as before. The faces will change but the words will not. It is also not a productive use of Staff time. The vote was 4 in favor with Jensen voting no. Motion carried. There was discussion on getting together with Westonka Intervention and other social service agencies to explore and look at other areas that might be more well suited for a victims of domestic abuse shelter. 1.6 CASE g94-37; INFINITI MARKETING, INC.. CRAIG SMITH, 5318 SHORELINE DRIVE (BALBOA BUILDING). OPERATIONS PERMIT. The Planner explained the request. Staff recommendation is for approval for an initial occupancy of approximately 8,744 square feet within the Balboa Building. It was further recommended that the permit allow for future expansion providing the nature of the business and the products stored on the premises remains essentially unchanged. It is an office and warehouse area for the distribution of automotive aftermarket products such as consoles, rack systems, radar detectors and other items. The firm will operate one shift with approximately 14 employees. Approval will be conditioned on compliance with all building and fire codes. The Council asked about truck traffic. The applicant stated that this should not be a problem. MOTION made by Smith, seconded by Ahrens to direct Staff to prepare a resolution of approval for an Operations Permit for Infiniti Marketing, Inc. 5318 Shoreline Drive (Balboa Building) as recommended and conditioned. The vote was unanimously in favor. Motion carried. A391 Mound City Council Minutes COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.7 LICENSE RENEWALS. The following licenses were presented for renewal: Expire 6/30/94. 7/1/94 to 6/30/95. Approval contingent upon all required forms, submitted. On-Sale Intoxicating Liquor - Clsss A Headliners Bar & Grill On-Sale B~r Al & Alma's Supper Club House of Moy Mound Lanes Off-Sale Beer Brickley's Market PDQ Food Store SuperAmerica Club - On-Sale American Legion Post #398 VFW Post #5113 On-Sale Wine A1 & Alma's Supper Club House of Moy Sunday Sale~ Headliners Bar & Grill VFW Post #5113 MOTION made by Jessen, seconded by Jensen to authorize renewal of the above licenses. The vote was unanimously in favor. Motion carried. June 14, 1994 New License Period insurance, etc. being Mound City Council Minutes June 14, 1994 1.8 RFS;OLUTION APPROVING AN EXEMPTION FROM LAWFUL GAMBLING FOR OUR LADY OF THE LAKE CHURCH - JULY 30 & 31. 1994. Jensen moved and Jessen seconded the following resolution: RESOLUTION//94-77 RESOLUTION APPROVING AN EXEMPTION FROM LAWFUL GAMBLING FOR OUR LADY OF THE LAKE CHURCH - JULY 30 & 31, 1994 (INCREDIBLE FESTIVAL. 1.9 ADD ON ITEM; CASE //9,4-23: ROD LARSON & MYRNA NOYD, 2976 HIGHLAND BLVD., THAT PART OF BLOCKS 1 AND 2 INCL. BUCKBEE DR. NOW VACATED, "MINNESOTA BAPTIST SUMMER ASSEMBLY", PID #23-117- 24 41 0016, VARIANCE FOR GARAGE ADDITION. The Building Official reported that this item was tabled at the last meeting in order for staff to gather more information on the sewer and water hook-ups. The request is for a variance to allow construction of an attached garage. The nonconforming use is the second dwelling unit (rental unit) on the property. A review of the sewer records shows that there are no sewer connections from either dwelling to Highland Blvd. It is assumed the rental unit is connected to the lakeside manhole through the principal dwelling. A dye test would have to be conducted to confirm this situation. The property was only charged one assessment for sewer and one for water. The City Attorney pointed out that the sewer and water hook-ups to the second dwelling was apparently done without a permit. The Building Official agreed. He stated that there are two addresses for this property and two water shut-offs with two water bills being charged, one to each dwelling unit. The Building Official reported that sometime between 1965 and 1974, the detached garage was converted to a second dwelling. There are no records of city approval of this conversion. The owners of the property were present and stated that they purchased the property with the rental unit which allowed them enough income to pay the mortgage payments. Mr. Larson stated they are not in the position to give up the rental property. He asked that the Council amortize the use of this rental unit to coincide with in the payoff on the mortgage or 20 years. Then the building could be removed. The City Attorney pointed out that the Council, by its own ordinance, cannot expand this nonconforming use which it would be doing by allowing the garage addition and recognizing the existence of this second dwelling (rental unit). He further stated that it appears that this is an illegal nonconforming use. The City Attorney again referenced Section 350:420, Subd. 1 of the Code which reads as follows: "Any structure or use lawfully existing upon the effective date of this Chapter may be continued at the size and manner of operation existing upon such date." Mound City Council Minutes The key words are "lawfully existing~. June 14, 1994 MOTION made by Smith, seconded by Jensen to direct staff to prepare a resolution of denial based on the f'mdings discussed tonight. The vote was unanimously in favor. Motion carried. 1.10 PAYMENT OF BILLS MOTION made by Jessen, seconded by Smith to authorize the payment of bills as presented on the pre-list in the amount of $300,651.50, when funds are available. A roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. Department Head monthly reports for May 1994. B. LMCD Representative's monthly report for May 1994. C. Notice of the Hennepin County Old Tyme Fair, July 28-31, 1994, Lion's Park in Corcoran. D. Hennepin County 1993 Annual Recycling Report. E. LMCD levy adjustment. Refund of $7,235. Reimbursement for the Shoreland Ordinance - $750. Another $500 will be forthcoming. F. L.M.C.D. mailings. G. LMCD proposed Budget for 1995. H. Final Draft of the 1992 Lake Minnetonka Lake Access Task Force Report. I. Memo from Police Chief Len Harrell regarding his attendance at the FBI Academy in January of 1995. J. Planning Commission Minutes of May 23, 1994. K. Park & Open Space Commission Minutes of May 12, 1994. L. REMINDER: Around Mound Run/Walk, Saturday, June 11, 1994, Mound Bay Park. M. REMINDER: Mound Volunteer Fire Dept. Fish Fry, Saturday, June 11, 1994, 4-8 P.M., Fire Station. Mound City Council Minutes N. REMINDER: Mound City Days, June 17-19, 1994. Oe June 14, 1994 REMINDER: COW Meeting, Tuesday, June 21, 1994, 7:30 P.M. REMINDER: EDC Meeting, Thursday, June 16, 1994, 7:00 A.M., Mound City Hall. You are invited to attend re: ISTEA Grant discussion. MOTION made by Ahrens, seconded by Smith to adjourn at 12:15 A.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Attest: City Clerk MINUTES - COMMITTEE OF THE WHOLE - JUNE 21, 1994 The meeting was called to order at 7:30 PM. Members present: Mayor Skip Johnson, Councilmembers Ken Smith, Phyllis Jessen and Liz Jensen. Absent and excused: Andrea Ahrens. Also present: Gene Strommen, Executive Director of LMCD; Peter Meyer, Park and Open Space Commission; John Cameron, City Engineer and Ed Shukle, City Manager. The Lake Access Agreement with LMCD was discussed. Ed Shukle, City Manager introduced Gene Strommen to discuss with the Council previous City Council action as it relates to the Lake Access Agreement. Strommen indicated that there were some changes in the calculation of parking spaces that were countable towards the 700 parking spaces for car/trailers around Lake Minnetonka. The City Council emphasized that they did not want to have the spaces on Beachwood Road signed on the street as car/trailer parking only. Furthermore, they did not want them listed at the access site. Strommen was going to communicate this information back to the LMCD board at its next meeting. The City Council also asked Strommen about the proposed application for 40 dock sites at Pelican Point. Strommen indicated that under LMCD ordinances, LMCD allows one boat per 50 feet of shoreline. Pelican point has 26 or 27 spaces based upon this formula. The applicant is requesting 40 dock spaces. The City Council had indicated to Strommen that a letter would be coming forward from the City of Mound supporting Boyer Building Corporation's proposal to put in 40 dock sites. Strommen said that the LMCD would review the application and the letter submitted by the City as part of its review process. Strommen also briefly commented on the LMCD proposed budget for 1995. John Cameron, City Engineer, was present to review the storm drainage for Lot 44, Lynwold Park Addition. He explained that in 1987, a tremendous amount of rain fell in late July flooding out a neighbors garage. He talked about a possible improvement for the area, but was concerned about easements over the railroad tracks into Lake Langdon. This council discussed the possibility of budgeting for a drainage project in the future and to possibly establish a storm water management utility, which would undertake a storm water management plan and ordinance specific improvement projects under it within the city. The storm water utility issue was continued until the next Committee of the Whole meeting. The issue of drainage for the area will be considered through the budget process for 1995 or beyond. Also discussed was the area across Cottonwood Lane to the west and the need for some type of an improvement to that area as well. Nature Conservation Areas were discussed. The City Council recommended that on the June 28, 1994 regular meeting agenda, three specific areas be designated as Nature Conservation Areas. They are as follows: 1) North of Bartlett, end of Rusticwood (Rustic Place), 2) Indian Mound property on Westedge Blvd. (old sewer plant), 3) Diamond Lane across the street from Phiibrook Park. Other areas that have been recommended by the Park and Open Space Commission were discussed. The City Council consensus was to leave these areas alone at this time. I ,l I I, I, ,i~ Minutes - Committee of the Whole - June 21, 1994 - Page 2 Mayor and City Council salaries were 'brieflY ~liScussed. It was pointed out that the mayor and city council salaries have not been increased since 1979. Ed Shukle, City Manager distributed a survey published by the Association of Metropolitan Municipalities (AMM) which indicated that Mound is at the very Iow end of the wage scale as it pertained to mayor an council salaries. City Council consensus was to discuss this at its next COW meeting with the item going to the July 26, 1994 regular meeting agenda for action. The actual salaries could not take effect until after the municipal election held in November. Goal setting issues were reviewed. Skip Johnson gave a brief report on the meeting with the Westonka Intervention representatives as it pertained to looking at other possible sites in the City of Mound for a domestic abuse shelter. The next meeting of the Committee of the Whole will be Tuesday, July 19, 1994, 7:30 PM, at Mound City Hall. Respectfully submitted, Ed Shukle City Manager RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND GRANTING PRELIMINARY PLAT APPROVAL AND APPROVAL OF A PLANNED DEVELOPMENT AREA WITH VARIANCES AS NOTED FOR PELICAN POINT MULTI-FAMILY RESIDENTIAL DEVELOPMENT WHEREAS, applicant has submitted an application for a major subdivision called Pelican Point, pursuant to Section 330 of the City Code, and WHEREAS, applicant's proposal includes a request for a Conditional Use Permit to establish Pelican Point as a Planned Development Area, together with a request for street and cul de sac right-of-way variances and other variances as noted in Attachment A, and WHEREAS, the Planning Commission and the City Council have studied the practicability of the preliminary plat, the planned development area and the variances, taking into consideration the requirements of the city, giving particular attention to the arrangement, location and width of streets and their relation to topography, floodplain, wetlands, water supply, sewage disposal and drainage, lot size and arrangement, the present and future development of adjoining lands and the requirements of the Zoning and Subdivision Ordinances, and WHEREAS, the proposed subdivision as conditioned is consistent with the comprehensive plan, and WHEREAS, the proposed design as conditioned is consistent with applicable development plans and policies, and WHEREAS, the physical characteristics of the site are suitable for the type and density of development contemplated if the conditions imposed herein are met, and WHEREAS, the applicant will be participating in the preparation of an Environmental Assessment Worksheet and should the EAW identify significant environmental issues, such issues shall be addressed by the developer in a modified preliminary plat to be reviewed and approved by the City Council prior to final plat application, and WHEREAS, the City has considered traffic and other aspects of the proposed project as it might affect public health, safety or welfare and imposed conditions upon the approval addressing those considerations, and -. WHEREAS, the proposed project as conditioned will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and WHEREAS, adequate utilities, access roads, drainage and other necessary facilities are being provided, and WHEREAS, the use is reasonably related to the overall needs of the city and to the existing land use, and WHEREAS, the applicant's property is covered with mature trees and mature vegetation which when coupled with the unusual shape and topography requires some variation from the literal interpretation of the street design requirements of the zoning code to allow the applicant to preserve the natural trees and vegetation to the maximum extent practicable, and WHEREAS, the variances requested are the minimum variances necessary to facilitate the preservation of vegetation and minimize topographic alterations, and WHEREAS, the granting of the variances requested will not confer upon the applicant any special privilege that is denied owners of other lands in the same zone. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: A. Preliminary Plat approval, issuance of a Conditional Use Permit to establish a Planned Development Area, street and cul de sac right-of-way variances, and applicable variances for a water oriented accessory structure, lot size, lot width, lot line setbacks street frontage and building setbacks as shown on the Preliminary Plat dated May 10, 1994 and as listed in Attachment A are hereby granted subject to compliance with the following requirements: 1. Because of exceeding the threshold for an EAW resulting from the proposed boat mooring structure (marina) and in order to satisfy local environmental concerns, the applicant shall prepare an Environmental Assessment Worksheet (EAW), consistent with the requirements found in the Minnesota Environmental Quality Board Environmental Review Program, 4410.0200 to 4410.7800. The EAW shall include a biological inventory of the site as well as a Phase I archaeological reconnaissance survey of the property. If the EAW results in information requiring additional conditions to this preliminary plat approval, said conditions will be added prior to final plat consideration. 2. The applicant shall secure all applicable permits from all entities with jurisdiction over this project including but not limited to the Department of Natural Resources, the Minnehaha Creek Watershed District, the Lake Minnetonka Conservation District and the Department of Health. 3. The applicant shall investigate and supply information to the City Attorney regarding the historic platting of the East Port Road area and Island View Drive in order to verify that the property shown within the Preliminary Plat is free of outside encumbrances. o ° ° 10. 11. 12. 13. 14. All private driveways shall either be located within the lot that they serve or easements shall be prepared allowing access on neighboring lots. The project shall be limited to a total mount of impervious cover not to exceed 30 percent. As such, the City recommends that the DNR approve an impervious coverage variance if applicable. Bluff areas as delineated on the Preliminary Plat shall remain undisturbed. The City recommends that the DNR approve top of bluff setback variances consistent with the unit placement shown on the Preliminary Plat. The City finds that the one proposed water oriented accessory structure is reasonable and recommends variance approval by the DNR since it serves 40 homes. The proposed building is of far less impact than a series of private water oriented accessory structures that would be allowed if the lakeshore was platted into private lots in a more traditional subdivision design. Said water oriented accessory structure shall comply with the setback and color restrictions identified in the State shoreland rules. Covenants and bylaws of the homeowner's association shall include provisions restricting vegetation removal from Outlot C. Said documents shall be approved by the City of Mound at the time of final plat approval. Permits for docks shall be obtained from the DNR and LMCD as applicable. Park dedication fees shall be collected in conformance with the Mound Subdivision Ordinance. Tree management practices shall be followed consistent with the Tree Management narrative submitted as part of the developers narrative and included as part of the Conditional Use Permit as Exhibit 2. The applicant shall prepare a detailed landscaping plan for the project entry for review and approval by the City Planner. Detailed information on paving at the entry area and at trail crossing points shall be prepared by the applicant and submitted to the City Engineer for review and approval. All interior lot lines shall be required to have a 5 foot wide drainage and utility easement along both sides except common lot lines which pass through buildings. 15. Easements with a minimum width of 20 feet shall be provided for utilities not located within street rights-of-way. 16. A drainage and Utility easement shall be provided at the north end of Outlot C for the storm sewer and drainage channel that leads to Lake Minnetonka. 17. The City's existing storm sewer in East Port Road shall be added to the Preliminary Utility Plan. Furthermore, the proposed drainage pond shall have adequate capacity to accommodate runoff from the Pelican Point development as well as from the existing City storm sewer. Drainage calculations demonstrating adequate capacity shall be submitted and approved by the City Engineer. The sediment control structure for the pond outlet shall be relocated midway between the inlets. 18. Silt fence shall be located to contain all areas disturbed by grading. Method # 1 for silt fence installation as shown on the Preliminary Grading, Drainage and Erosion Control Plan dated April 21, 1994 shall be utilized. 19. All utilities adjacent to Pelican Point Circle shall be constructed within the public right-of-way. 20. The proposed sanitary sewer shall be extended from manhole #7 with an additional manhole placed to provide service for Lots 19 and 20, Block 2. 21. An additional sanitary sewer manhole shall be added closer to the intersection of the private drive (as shown on the plat) and Pelican Point Circle to retain the line within the public right-of-way and to reduce the length of the services to Lots 5 and 6, Block 1. The watermain in this area shall also be moved. 22. An additional fire hydrant shall be added at the proposed cul-de-sac. 23. Additional mainline gate valves at locations acceptable to the City Engineer shall be added to provide zoning of the water distribution system. 24. Pelican Point Circle shall be constructed as a 28 foot wide (back to back) public street accommodating parking on one side. A 10 foot variance from the right-of-way requirement is approved due to the desire of both the applicant and the City of Mound to maximize retention of existing tree cover. 25. Ingress and egress lanes at the project entrance shall be widened to 16 feet (back to back) and B618 curb and gutter shall be installed. 4 26. 27. 28. 29. 30. The proposed cul-de-sac that is identified on the Preliminary Plat as a "Shared Private Driveway" shall be platted and constructed as a 24 foot wide (back to back) public street with right-of-way width consistent with Pelican Point Circle. A variance for the cul-de-sac bubble of 20 feet is approved to establish an 80 foot diameter bubble with a paved area with a 70 foot diameter. The pavement width at the bubble can be reduced by the placement of a landscaped island providing that the cul-de-sac is posted for one-way traffic only. Plans for street lighting shall be submitted for review and approval by the City Engineer. Said plans shall identify the system ownership as either public or private and shall specify pole and fixture types and locations. No structures shall be built or placed upon the island (Outlot C) without specific modification of the Conditional Use Permit. The approval of the planned development area and preliminary plat are subject to all other applicable city codes and ordinances. All bylaws, covenants and other association documents are to be reviewed by the City Attorney. ATTACHMENT A City of Mound Pelican Point Variances LOCATION ITEM PROPOSED VARIANCE CONDITION Lot I Front setback 10' 20' Lot 2 Street frontage 57.13' 2.87' Front setback 24' 6' Lot width 55' 5' Lot 3 Street frontage 53.47' 6.33' Front setback 21' 5' Lot width 55' 9' Lot 4 Street frontage 52.56' 7.44' Front setback 20' 10' Lot width 53' 7' Lot 5 Front setback 25' 5' Lot area 9,043 sf 957 sf Lot 6 Lot width 45' 15' Street frontage 48.69' 11.31' Front setback 22' 8' Lot 7 Street frontage 56.30' 3.7' Lot width 53' 7' Lot area 9,854 sf 146 sf Lot 8 Street frontage 59.29' .71' Front setback 26' 4' Lot width 55' 5' Lot area 7,708 sf 2,292 sf Lot 9 Lot area 6,645 sf 3,355 sf Street frontage 54.39' 5.61' Front setback 20' 10' Cut width 54' 6' LOCATION ITEM PROPOSED VARIANCE CONDITION Lot 10 Lot area 9,109 sf 891 sf Front setback 20' 10' Street frontage 53.50' 6.5' Lot 11 Street frontage 58.36' 1.64' Front setback 16' 14' Lot area 9,459 sf 541 sf Lot 12 Front setback 28' 2' Street frontage 38.83' 21.17' Lot area 9,366 sf 634 sf Lot width 45' 15' Lot 13 Lot area 8,151 sf 1,849 sf Front setback 29' 1' Street frontage 56.22' 3.78' Lot width 55' 5' Lot 14 Front setback 18' 12' Lot area 8,877 sf 1,123 sf Lot 1 Lot area 7,500 sf 2,500 sf Street frontage 45' 15' Lot width 40' 20' Lot 2 Front setback 27' 3' Lot width 40' 20' Lot area 6,626 sf 3,374 sf Street frontage 20.76' 39.24' Lot 3 Lot area 6,583 sf 3,417 sf Street frontage 44.38' 15.62' Lot width 43' 13' CLIEN'~\MOUND\94-5G \VARIANCE.PRO Page 2 LOCATION ITEM PROPOSED VARIANCE CONDITION Lot area 6,936 sf 3,064 sf Lot width 47' 13' Bluff setback 28' 2' Lot 13 Street frontage 30.5' 29.5' Lot area 6,724 sf 3,276 sf Lot width 40' 20' Lot 14 Front setback 15' 15' Street frontage 53.56' 6.44' Lot area 6,159 sf 3,841 sf Lot width 55' 5' Lot 15 Front setback 12' 18' Street frontage 48.49' 11.51' Lot area 5,130 sf 4,870 sf Lot width 51' 9' Lot 16 Front setback 12' 18' Street frontage 44.03' 15.97' Lot area 4,693 sf 5,307 sf Lot width 48' 12' Lot 17 Front setback 12' 18' Street frontage 53.2' 6.8' Lot area 5,802 sf 4,198 sf_ Lot width 55' 5' Lot 18 Street frontage 24.09' 35.91' Lot width 48' 12' Lot 19 Front setback 15' 15' Lot area 8,160 sf 1,840 sf Lot 20 Street frontage 39.92' 20.08' CLIENTS\MOUND\94-SG\VARIANCE.PRO Page 4 LOCATION ITEM PROPOSED VARIANCE CONDITION Lot 4 Lot area 7,102 sf 2,898 sf Street frontage 52.78' 7.22' Lot width 54' 6' Lot 5 Lot area 8,142 sf 1,858 sf Lot 6 Lot area 8,503 sf 1,497 sf Lot 7 Lot area 8,448 sf 1,552 sf Bluff setback 25' 5' Lot 8 Front setback 26' 4' Bluff setback 25' 5' Lot area 6,964 sf 3,036 sf Street frontage 42.7' 17.3' Lot width 53' 7' Lot 9 Lot area 6,594 sf 3,406 sf Street frontage 49.22' 10.78' Lot width 49' 11' Bluff setback 13' 17' Front setback 25' 4' Lot 10 Front setback 25' 5' Street frontage 46.35' 13.65' Lot area 5,481 sf 3,519 sf' Lot width 50' 10' Bluff setback 13' 17' Lot 11 Street frontage 49.2' 10.8' Lot area 6,802 sf 3,198 sf Lot width 53' 7' Bluff setback 21' 9' Lot 12 Street frontage 38.31' 21.69' CLIENTSX MOUND \94-5G \ VARIANCE.PRO Page 3 LOCATION ITEM PROPOSED VARIANCE CONDITION Lot 21 Street frontage 37.91' 22.09' Lot width 51' 9' Lot 22 Street frontage 52.44' 7.56' Lot area 7,231 sf 2,769 sf Lot width 53' 7' Lot 23 Lot area 9,163 sf 837 sf Lot 24 Front setback 25' 5' Lot area 9,524 sf 476 sf Lot 25 Front setback 20' 10' Lot area 6,475 sf 3,525 sf Lot width 54' 6' Lot 26 Front setback 16' 14' Street frontage 53.25' 6.75' Lot area 5,183 sf 4,817 sf Lot width 53' 7' Because Lots 21-26 front on a private street, applicable conditions are measured from Pelican Point Circle. Lots 9 and 10 of Block 1 have second front yard setbacks which would require a variance. Lot 9 Front yard setback: 20' 10' v Lot 10 front yard setback: 22' 8' v CLIENTS\ MOUND\94-§G \VARIANCE.PRO Hoisington Koegler Group Inc. mn STAFF REPORT TO: Mound City Council and Staff FROM: Bruce Chamberlain, Planning Consultant DATE: June 22, 1994 SUBJECT: Pelican Point EAW Enclosed, please find a completed Environmental Assessment Worksheet (EAW) for Pelican Point Multi-family Residential Development. The EAW addresses environmental impacts of the project and identifies measures the developer is undertaking to minimize those impacts. The project exceeds the threshold necessary for completion of an EAW due to the proposed marina facility. The EAW addresses all aspects of the project so reviewers can evaluate the full realm of project impacts. The City Council is acting as the "Responsible Governmental Unit" in regard to this EAW and responsible for its approval, distribution and evaluation. The action requested of the City Council at this time is a motion approving the EAW document for distribution. Evaluation of environmental impacts addressed in the document are not part of this action. If the Council determines that alterations to the document are necessary, the motion can specify changes to be made by staff prior to distribution. If you have any question, I will be available at the City Council meeting. Land Use / Environmental · Planning / Design 7300 Metro Boulevard/Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160 612-8~5-~160 ], ~ ,1~ HO I S ! NGTON KOEGLER 6~ PO~ JUL 05 '9~ 09:4~ ATTACHMENT I,F. GAL DESCRIPTION Phelps Island Park, 1 st Division Lot 73 That part lying Southeasterly of Channel. Phelps Island Park 1 st Division. Lots 19 to 34 inclusive also including adjacent private street and private alley and that part of Lot 73 lying northwesterly of channel also commencing at the intersection of the northeasterly line of Lot 19 extended with westerly line of private alley adjacent to said Lot 19, thence southerly along westerly line of' said private alley to its intersection with the northwesterly extension of the southwesterly line of Lot 34, thence northwesterly along said extension of the southwesterly line of said Lot 34 to a point distant :286.8 feet southeasterly from the point of intersection of' said line with the southeasterly line of Tuxedo Road thence northeasterly 20 feet parallel with said road line thence northwesterly 216,8 feet parallel with the northwesterly extension of the southwesterly line of said Lot 34 to the southeasterly line of said road thence northeasterly along said road line to the northeasterly line of said Lot 19 extended thence southeasterly 299. I feet to the point of beginning. Unplatted I9 117 23. Commencing at the point of intersection of the northwesterly extension of the northeasterly line of Lot 35 Phelps Island Park First Division with the northwesterly line of private alley adjacem to said lot, thence southwesterly along said alley line to the westerly extension of the southwesterly line of Lot 38 of said plat thence northwesterly 200 feet along said extended line, thence northeasterly 200 feet to a point in said northwesterly extension of said northeasterly line of said Lot 35 a distance of 266.8 feet along said extended line with the southeasterly line of Tuxedo Road, thence northwesterly 266.80 feet along said road line thence southeasterly 286.8 feet parallel with said northwesterly extension of said northeasterly line of said Lot 35 thence southwesterly 20 feet parallel with said road line thence southeasterly to the point of beginning. nvironmental Assessment Worksheet (EAW) NOTE TO PREPARERS This worksheet is to be completed by the Responsible Governmental Unit (RGLO or its agents. The project proposer must supply ~y reasonably accessible data necessary for the worksheet, but is not to complete the final worksheet itself. If a complete answer does not fit in the space allotted, attach additional sheets as necessary. For assistance with this worksheet contact the Minnesota Environmental Quality Board (EQB) at (612) 296-8253 or (toll-free) 1-800-652-9747 (ask operator for the EQB environmental review program) or consult "EAW Guidelines," a booklet available from the EQB. NOTE TO REVIEWERS Comments must be submitted to the RGU (see item 3) during the 30-day comment period following notice of the EAW in the EQB Monitor. (Contact the RGU or the EQB to learn when the comment period ends.) Comments should address the accuracy and completeness of the information, potential impacts that may warrant further investigation, and the need for an EIS. If the EAW has been prepared for the scopin$ of an ElS (see item 4), comments should address the accuracy and completeness of the information and suggest issues for investigation in the EIS. 1. PmjectTItie Pelican Point Multi-Family Residential Development 2. Pmposer Boyer Building Corporation 3. RGU City of Mound, Minnesota Contact per~n Oohn Blumentritt Contact person Mark Koegler Address 18283A Minnesota Blvd. and title City Planner Idayzata, MN 55391 Address 5341 Maywood Road Phone (612) 475-2097 Mound, MN 55364 Phone (612) 472-0600 4. Reason for EAW pra~ratlon Fl ElS scoping ~ mandatory EAW If EAW or ElS is mandatory give EQB rule category number(s) 4410-4300 5. Project Location .... N ~-t44- S ~4¢4-Section 19 Township ~17N ._ Rang~_ County Hennepin City/Twp I"1 citizen petition [-1 RGU discretion r-I Proposer volunteered SUBP. 25 23W_ Mound Attach co~ of tach of the following to th~ EAW: a. a county map showing the general location of the pr°ject; Figure 1, Pages 15-17 b. copy(les) of USGS 75 minute, 1'~4,000 scale map (photocopy is OK) indicating the project boundaries;Figure 2, Page ¢. a site plan showing all significant project and natural features. Figures 3-9, Pages 19-25 Oascrlptlon Give a complete descril:ttion of the proposed project and ancillary facilities (attach additional sheets as necessary). Emphasize construction and operation methods and features that will cause physical manipulation of the environment or produce wastes. Indicate the timing and duration of construction activities. See Page 7 18 Provide a 50 or fewer word abstract for use in EQB Monitor notice: See Page 8 7. Project Magnitude Data 13.7 Mainland Total Prom Area (acres) 0.7 Water, 0.8 Island Number of Residential Units Unattached 0 Attached Commercial / Industrial / Institutional Building Area (gross floor space) Total 0 square feet; Indicate area of specific uses: Office Retail Warehouse Light Industrial Other Commereial (specify) Building Height(s) 25 ' 8. Permits and Approvals Required Unit of Covernment or Length (miles) Manufacturing Other Industrial Institutional Agricultural List all known local, state, and federal permits, approvals, and funding required: Type of Application Status See Page 8 Land Usa Describe current and recent past land use and development on the site and on adjacent lands. Discuss the compatibility of the project with adjacent and nearby land uses; indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazard due to past land uses, such as soil contamination or abandoned storage tanks. See Page 9 10. Cover Typ~ Estimate the acreage of the site with each of the following cover types before and after development (before and after totals should be equal): Before After Before After Types 2 to 8 Wetlands _ 0 0 Urban/Suburban Lawn 0 1 Wooded/Forest ] O. 3 7. ~ Landscaping Brush/Grassland ' Cropland ~ ]. ] Impervious Surface _ 0 4, l 0 0 Other (describe) - O R -- 11. Rsh, Wildlife, and Ecologically Sensitive Resources a. Describe fish and wildlife resources on or near the site and discuss how they would be affected by the project. Describe any measures to be taken to minimize or avoid adverse impacts. See Page 9 Are there any state-listed endangered, threatened, or special-concern species; rare plant communities; colonial waterbird nesting colonies; native prairie or other rare habitat; or other sensitive ecological resources on or near the site? [Z] Yes ~] No If yes, describe the resource and how it would be affected by' the project. Indicate if a site survey of the resources was conducted. Describe measures to be taken to minimize or avoid adverse impacts. 2 12. Physical Impacts on Water Resources Will the pro~-'t involve the physical or hydrologic alw..radon (dredging, ii.l~g, stream diversion, outfall structure, dikhng, impoundment) of any surface water Oake, pond, wetland, stream, drainage ditch)? ~ Yes [] No If yes, identify the water resource to be affected and describe: the alteration, inctudin§ the construction process; volumes of dredged or fill material; area affected; length of stem diversion; water su~ace area affec.~ .ed;.tim. in$ and ex%ent of fluctu=tions in water surface elevations; spoils disposal sites; and proposed mitigation measures to rmmm,:,e unpacts. See Page 10 a. Will the project involve the installation or abandonment of any wells? [] Yes [3 No For abandoned wells give the location and Unique well number. For new wells, or other previously unpermitted well~, give the location and purpose of the well and the Unique well number (if known). The previous residence gathered potable water directly from Lake Hinnetonka. b. Will the project require an appropriation of ground or surface water (including dewater~g)? ~ Yes r'q No If yes, indicate the source, quantity, duration, purpose of the appropriation, and DNR water appropriation permit number of any existing appropriation. Discuss the impact of the appropriation on ground water levels. See Page 10 Will the project require connection to a public water supply? E] Yes [] No If yes, identify the supply, the DNR water appropriation permit number of the supply, and the quantity to be used. See Page 10 14. Water-related Land U~ I~M~ment Dlsltlct~ Does any part of the project site involve a shoreland zoning district, a delineated 100-year flood plain, or a state or federally designated wild or scenic river land use district? E] Yes [] No ' ' If yes, identify the district and discuss the compatibility of the project with the land use restrictions of t.h~e district. See Page 10 15. Water Surface Use Will the project change the number or type of watercraft on any water body? ~ Yes [] No If yes, indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other users or fish and wildlife resources. See Page 10 16. Soils Approximate depth (in feet) to: Ground water: minimum nve~ ~6%verageunknown Bedrock minimum over 16' average unknown Describe the soils on the site, giving SCS classifications, if known. (SCS interpretations and soil boring logs need no.~t be attached.) See Page 'ti 17. Er0sl0n and Sedlrnentalt0n Give the acreage to be graded or excavated and the cubic yards of soil to be moved: acres 3 ; cubic yardslO ~ 000 . Describe any steep slopes or highly erodible soils and identify them on the site map. Describe the erosion and sedimentation measures to be used during and after construction of the project. See Page 11 18. Water Quality. Surface Water Runoff a.treatC°mparerunoff.the quantity and quality of site runoff before and a/tar the project. Describe methods to be used to manage and/or See Page 11 b. Identify the route(s) and receiving water bodies for runoff from the site. Estimate the impact of the runoff on the quality of the receiving waters. (If the runoff may affect a lalz consult ~EA W Guidelines' about whether a nutrient budget analysis is needed.) See Page 12 19. Water Quality. Westewatera. a. Describe sources, quantities, and composition (except for normal domestic sewage) of all sanitary and industrial wastewaters produced or treated at the site. Pelican Point development will generate normal domestic sewage. The estimated average flow is 14,954 gallons per day. b. Describe any waste treatment methods to be used and give estimates of composition after treatment, or if the project involves on-site sewage systems, discuss the suitability of the site conditions for such systems. Identify receiving waters (including ground water) and estimate the impact of the discharge on the quality of the receiving waters. (If the discharg~ may affect a ~ consult "EA W Guid~line, s' about whether a nutrient budget analysis is noeded.) N/A C. If wastes will be discharged into a sewer system or pretreatment system, identify the system and discuss the ability of the system to accept the volume and composition of the wastes. Identify any improvements which will be necessary. See Page 12 20. Ground Water--Potential for ~onternlnaiJon a. Approximate depth (in feet) to ground water: over 16~hirdmum;unknown average. 13. Describe any of the following site hazards to ground water and also identify them on the site map: sinkholes; shallow limestone formations/karst conditions; soils with high infiltration rates; abandoned or unused wells. Describe measures to avoid or minimize environmental problems due to any of these hazards. No known hazards are present. Ident~yanyto~corhazardous materials to beusedorpresenton theprojectsiteandidentifymeasurestobeusedto prevent them from ~ntamirtating ~ound water. Common residential materials will likely be used and disposal of such materials are subject to applicable guidelines and laws. 21. Solid Wastes; Hazardous Wastes; Storage Tanks a. Describe the types, amounts, and compositions of solid or hazardous wastes to be generated, including animal manures, ~dg_es,,an, d ashes. Identify .th.e m,etho~,, and l~ation of disposal. For projects generating municipal solid waste indicate if ere wm ~e a source separauon plan; list type(s) and how the project will be modified to allow recycling. See Page 12 3. Indicate the number, location, size, and use of any above or below ground tanks to be used for storage of petroleum products or other materials (except water). None 4 22. Traffic Parking spaces added ].60 Existing spaces (if project involves expansion) N/A Estimated total Average Daily Traffic (ADT) generated 240 Estimated maximum peak hour traffic genera[ed (if known) and its timing: 22 P. M. . For each affected road indicate the ADT and the directional distribution of traffic with and without the proj~ect. Provide an estimate of the impact on traffic eonsestion on the affected roads and describe any traffic h~provements which will be necessary. 67% inbound (14.7 trips), 33% outbound (7.3 trips) There will be no appreciable impact on traffic congestion. 23. Vehicle-related air emissions Provide an estimate of the effect of the project's traffic generation on air quality, including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. (If tl~. proje~ involves $00 or more parking spaces, consult ~EA W Guidelines" about whether a d~tailed air quality analysis is needed.) The project will not cause any significant decrease in air quality. 24. Stationary ~ource air eml~10n$ Will the project involve any stationary sources of air emissions (such as boilers or exhaust stacks)? [] Yes R'I No If yes, describe the sources, quantities, and composition of the emissions; the proposed air pollution control devices; the quantities and composition of the emissions after treatment; and the effects on air quality. 25. Will the project generate dust, odors, or noise during construction and/or operation? ]~ Yes 0 No If yes, describe the sources, characteristics, duration, and quantities or intensity, and any proposed measures to mitigate adverse impacts. Also identify the locations of sensitive receptors in the vicinity and estimate the impacts on these rece~ors. .... See Page 26. Are b. ¢. d. e. any of the following resources on or in proximity to the site: archeological, historical, or architectural resources? 1~1 Ye~ [] No prime or unique farmlands? [] Yes ~ No designated parks, recreation areas, or trails? [] Yes IX] No scenic views and vistas? ~ Yes [] No other unique resources? [] Yes [XI No If any items are answered Yes, describe the resource and identify any impacts on the resource due to the project. Describe any measures to be tak.en to minimize or avoid adverse impacts. See Page 13 27. Will the project create adverse visual impacts? (Examples include: glare from intense lights; lights visible in wilderness areas; and large visible plumes from cooling towers or exhaust stacks.) []3 Yes [~ No If yes, explain. 28. Compatibility with plans b the project s~bject to an adopted local comprehensive land use plan or any other applicable land use, water, or resource management plan of an local, regional, state, or federal agency? [] Ye~ [] No If yes, identify the applicable plan(s), discuss the compatibility of the project with the provisions of the plan(s), and explain how any conflicts between the project and the plan(s) will be resolved. If no, explain. See Page 13 29. Impact on Infrastructure rand Public Services Will new or expanded utilities, roads, other infrastructure, or public services be rec{~red to serve the project? ~ Yes [] No If yes, describe the new or additional infrastructure/services needed. (Any infrastructure that is a 'connected action' with r~l:,ect to the project must bg assessed in this EA W; see #EA W Gufdelin~s" for details.) See Page 13 30. Related Developments; Cumulatlva Impacts a. Are future stages of this development planned or likely? [] Yes J~] No If yes, briefly describe future stages, their timing, and plans for environmental review. b. Is this project a subsequent stage of an earlier project? [] Yes 12[ No If yes, briefly describe the past development, its timing, and any past environmental review. C. Is other development anticipated on adjacent ]ands or outlets? [] Yes [] No If yes, briefly describe the development and its relationship to the present project. d. If a,b, or c were marked Yes, discuss any cumulative environmental impacts resulting from this project and the other development. 31. Other Potential Environmental Impacts If the project may cause any adverse environmental impacts which were not addressed by items 1 to 28, identify and discuss them here, along with any proposed mitigation. None :32. SUMMARY OF [9$UES (This sect/on ne~d not be completed if the EA W is being don~ for EIS scoring; instead, address relevant issues in the draft 5coping Decision document which must accompany the EAW.) List any impacts and issues identified above that may require further investigation before the project is commenced. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues, including those that have been or may be ordered as permit conditions. See Page la CERTIFICATIONS BY THE RGU (all 3 certifications must be signed for EOB acceptance of tho EAW for publication of notice in the EQB Monitor) A. I hereby certify that the information contained in this document is accurate and complete to the best of my knowledge. Signature B. [ hereby certify that the project described in this EAW is the complete project and there are no other projects, project stages, or project components, other than those described in this document, which are related to the project as "connected actions" or "phased actions," as defined, respectively, at Minn. Rules, pts. 4410.0200, subp. 9b and subp. 60. Signature C. 1 hereby certify that copies of the completed EAW are being sent to all points on the official EQB EAW distribution list. Signature Title of signer Date Ml.-anc~z~ Env'trc~mc.heal Qualhy Bo. an:L Rcv~.scd/uno I990. QUESTION SUPPLEMENT e Pelican Point is located in Mound, Minnesota on an easterly facing shore of Lake Minnetonka. Access to the site is from Tuxedo Boulevard, a short distance south of County Highway 125. The property consists of two land areas separated by water. The mainland portion of the site consists of 13.7 acres of heavily wooded and rolling land with a pronounced bluff area close to the shoreline. The second land area is a 0.8 acre island a short distance off of shore on Lake Minnetonka. The mainland has 1387 lineal feet of lake shore. The island has 1471 feet of lake shore. The property falls within Mound's Shoreland Management District. The site is currently zoned Single Family Residential (R-l) with a 10,000 square foot minimum lot size. The land use proposal described in this document is consistent with the Mound Comprehensive Plan which identifies low density residential as the preferred land use. Twinhomes are an acceptable land use in the R-1 Zoning District through the creation of a Planned Development Area. The development proposal calls for constructing 20 twin home buildings (40 units), one water accessory building and a 40 stall boat mooring structure. The developer is proposing the creation of a Planned Development Area (PDA) to allow more flexibility in the development pattern. The creation of a PDA can have beneficial impacts on tree loss, grading and other environmental factors. All development is proposed to occur on and attached to the mainland. The island will remain undisturbed. A single loop street called Pelican Point Circle will wind through the site and access Tuxedo Boulevard at a single location. The water oriented accessory building will be located a minimum of 50 feet from shore in the beach area of the site and have storage facilities for each housing unit. The boat mooring facility is proposed to be a single structure connected to the mainland with a pier. The developer is proposing a trail to connect the mooring structure with the housing units. The trail does not pass through any designated bluff areas. The proposal calls for 30% hard cover including buildings, streets, driveways, etc. The remainder will be reserved for stormwater ponding and open space. The north, west and south sides of the development will be buffered from the adjoining multi-family and single family residential neighborhood by retention of the existing vegetation (overstory trees and underbrush). In addition, the homes will be placed to generally maintain a 30 foot setback (with some variance exceptions) from the bluff line facing Lake Minnetonka. It is proposed that the vegetation in the bluff area remain intact. Site clearing will be limited to selective removal of existing trees only to accommodate construction of the homes and road. Preliminary computations indicate that 25-30% of the internal overstory trees will be lost due to construction. To counteract the loss of trees, many existing young understory trees which would otherwise be removed will be relocated within the development. The on-site stormwater management plan proposes capturing the majority of the site drainage into an on-site stormwater NURP pond which will provide for water quality and rate control. It is proposed that the pond discharge into Lake Minnetonka through an existing drainage channel which will be stabilized and modified to control erosion and dissipate the energy of water flow before in reaches the lake. The grading plan indicates that the majority of grading needed on the site will be done to accommodate the stormwater pond and loop street. Buildings will be placed in order to minimize their impacts on existing grades. Preliminary computations indicate there will be 10,000 cubic yards of common excavation. Environmental Assessment Worksheet - Pelican Point Multi-family Residential Development 7 The development is projected to have a late 1994 construction start with an approximate three year completion time. The developer is proposing to construct the NURP pond and implement erosion control measures prior to other activities. Street construction will then be undertaken to provide access and fire protection prior to housing construction. Provide a 50 or fewer word abstract for use in the EQB Monitor notice: Pelican Point Multi-Family Residential Development is a proposed 40 unit twinhome development on a 13.7 acre site with significant features including dense mature trees, bluffs and frontage on Lake Minnetonka. The project includes an off-shore, 40 slip boat mooring structure and a water oriented accessory building on the beach. Unit of Government: Type of Permit / Aooroval_: Status: Federal: Army Corps of Eng. Nationwide Permit To be filed State: Minnesota PCA Sanitary Sewer Extensions To be filed Stormwater Discharge To be filed MN Dept. of Health Water Main Extension Dewatering for Utilities To be filed To be filed (if needed) Minnesota Department of Natural Resources Boat Dockage Water Appropriation Permit To be filed Pending Municipal: City of Mound Watershed: Minnehaha Creek Watershed Dist. Septic Field Removal Rezoning to PDA Site Plan Permit Planned Development Area/ Conditional Use permit Developer's Agreement Plan Review of Construction Plan and Specifications Preliminary and Final Plat Construction of R.O.W. Building Permit Stormwater Management Permit To be filed Pending Pending Pending To be filed To be filed Pending To be filed To be filed Applied for (pending) Lake Minnetonka Conservation District Boat Dockage To be filed Environmental Assessment Worksheet - Pelican Point Multi-family Residential Development e Information obtained from personal interviews and a review of historical aerial photos confirm that past development on the site included a single family residence since at least 1937. Records from the City of Mound indicate that the house was burned by the fire department in 1978. Aerial photos indicate that the main residence was in the central portion of the site at the end of a long, tree-lined driveway. A guest house was located north of the main house. A walkway, gazebo and stairway led from the main house to the shore where a boat dock was generally present from 1960 to the early 1970's. Past land use on the site included one single family residence and 1 to 3 accessory buildings. The last remaining structure on the site was demolished in 1981. The collapsed structure still exists and will be removed when the property is developed. Based upon available information, this site was always single family residential and there is no knowledge of any adverse environmental effects on the property due to past land uses. A phase I environmental audit is attached as Exhibit A. Adjacent to the property is an existing condominium complex to the north, twin homes to the west and single family homes to the south. The preservation of vegetation around the perimeter of the property and a great deal of interior trees will provide a significant buffer for the surrounding residential properties. The project poses no adverse environmental impacts to the surrounding properties. ll.a. The mainland site is currently inhabited by common animal species such as White Tail Deer, raccoon, squirrel and rabbit. The existing wildlife habitat will be impacted by site development and there will be displacement of plant and animal species. It is anticipated that after construction is complete and the site re-stabilizes, a somewhat different habitat and wildlife mix will repopulate. The Natural Heritage Program of the Minnesota Department of Natural Resources has conducted an on-site inspection and finds the site to have low significance as a natural area and believes it unlikely that the site contains rare plant species. The shoreline of the site contains aquatic vegetation which is likely used by fish for spawning. The proposed 40 slip boat mooring structure will be roughly 60 feet away from shore. The only place where the mooring structure will directly contact shore is where the single pier meets land. Increased boat traffic from the mooring facility could have negative impacts on water quality and wildlife habitat by re-suspending bottom sediment, eroding the shoreline, increasing nutrient levels and reducing sunlight infiltration. The mooring structure could have negative impacts by disrupting the lake bottom with support pilings and through the use of wood preservatives harmful to aquatic life. Erosion control measures (silt fence, diversionary diking) as noted on Figure 6, will be installed to control the amount of undesirable silty material and other suspended solids from Lake Minnetonka. Once the site is developed, the on-site stormwater system (which includes construction of a skimmer/sedimentation basin) is designed to insure water quality of the on-site stormwater before it discharges into Lake Minnetonka. It is anticipated that, due to the sedimentation basin, runoff water quality will be improved with completion of the proposed development. All grading/erosion control plans will be approved by the City and Watershed District prior to beginning grading operations. Environmental Assessment Worksheet - Pelican Point Multi-family Residential Development 12. There is an existing drainage ditch on and adjacent to the site which channels much of the site runoff into Lake Minnetonka. As part of the project, a sedimentation pond will be constructed in an upland portion of the site. The pond will have an outflow structure and skimmer device to control the flow and quality of runoff. Runoff quantities after development will not exceed current levels. The drainage ditch will be modified and stabilized to control erosion and dissipate the energy of water flow before in reaches the lake. Minor grading of the ditch will be needed to accommodate the installation of a stormwater pipe connection from the pond. All grading operations will utilize erosion control measures as shown on Figure 6 and all disturbed areas will be revegetated at the conclusion of the grading process. 13.b. Dewatering may be needed in order to construct the sanitary sewer and watermain. It is not anticipated that a well point will be needed because of the variability of the ground water depth. A low volume trench pump capable of pumping 800 gallons per minute should have enough capacity. The dewatering permit will be obtained prior to beginning any utility construction. The water will be discharged into the sedimentation basin to be treated prior to entering Lake Minnetonka. The low amount of dewatering needed is expected to have a negligible effect on ground water levels. 13.c. The City of Mound's municipal water system will serve the development. It is estimated that the project will use 14,954 gallons of water per day. The DNR water appropriation permit number is at this time unknown. The source of water is seven municipal wells that access the Prairie Du Chien/Jordan Aquifer. The unique well number of the seven municipal wells are: a. 206993 b. 206928 c. 206994 d. 208866 e. 232167 f. 112215 g. 240756 14. Pelican Point is within the City of Mound's Shoreland Management District (Mound City Code Section 350.1200). Mound's Shoreland Management Ordinance is currently pending approval by the Minnesota DNR. Approval of Mound's ordinance by the DNR will occur prior to approval of the final plat. The proposed project is generally compatible with the Shoreland Management Ordinance. 15. The project is proposed to have 40 boat slips adjacent to the site on Lake Minnetonka. There are currently no boat slips associated with the site. The total area consumed by the boat mooring facility will be approximately 0.7 acres of water surface including boat maneuvering space. Lake Minnetonka is a vast lake with a great deal of recreational boat use. The Pelican Point project will Environmental Assessment Worksheet - Pelican Point Multi-family Residential Development increase boat usage on this segment of the lake but due to the residential nature, it is unlikely that it will create localized or lake-wide overcrowding or boat conflicts. As mentioned in question 11, increased boat traffic from the mooring facility could have negative impacts on water quality and wildlife habitat. The mooring structure itself could have negative impacts by disrupting the lake bottom with pilings and through the use of wood preservatives harmful to aquatic life. 16, The majority of the site consists of Erin Loam (EnB, EnC& EnE) with slopes ranging from 2 to 24 percent. This gently undulating soil occupies forested areas on hillsides and knolls. Slopes are 75 to 125 feet long. In many places the slope is in several directions. The soils are generally dark colored in the surface layer with clay loam subsoils. Most areas are underlain by calcareous loamy till. Drainage ranges from poor to very poor. The primary management concern related to residential development is control of erosion. These soils erode rapidly if not protected, and machinery is hard to operate on the steep slopes. This soil is suited to uses that keep it covered with plants. The soils along the lake are Sandy Lake Beaches (Lc) and Fill Land (Fd). Lc soils consists of poorly drained, gravelly and sandy materials around the shoreline of lakes and sloughs. The soil was deposited through wave action. The native vegetation consists of reeds, sedges, and willows. Fd soil is a miscellaneous land type that consists of soil material that has been used to fill depressions. This land type is usually loamy but sometimes clayey. The underlying material is mainly very poorly drained. Soils along Tuxedo Boulevard are Cut and Fill land (Cu). This miscellaneous land type consists of mixed soils which are disturbed for construction. Soil borings were completed on the property to a depth of 16 feet in October, 1977. No groundwater was found and no bedrock was discovered in the borings. Boring logs are not included in this document but are available upon request. See Figure 9 for Hennepin County Soil Survey. 17. There are steep slopes with highly erodible soils existing on the site. The proposed preliminary plat identifies areas with greater than 30% slope designated by the Mound Shoreland Management Ordinance (Mound City Code, section 350:1225) as bluff areas. The vegetation in bluff areas will remain undisturbed by ordinance. In steep slope areas (12 to 30%), the developer proposes to plant a native grass understory and leave it in a natural growth fashion to discourage erosion. Erosion and stormwater runoff will be controlled during construction by silt fences, earth diversion dikes and sediment ponds. Areas disturbed during construction will be seeded, sodded or paved during the restoration phase of construction. The erosion control plan conforms to City and Watershed District Standards. See Figure 5 for sedimentation and erosion control details. Environmental Assessment Worksheet - Pelican Point Multi-family Residential Development 18.a. A hydraulic analysis of the surface and stormwater runoff for the proposed site and surrounding area has been completed. The "Hydrology Guide for Minnesota" published by the U.S. Department of Agriculture, Soil Conservation Service was used as a reference material for the analysis. Stormwater runoff calculations are based on a 100 year-24 hour rainfall event. The present site runoff for the 100 year storm event is approximately 1.63 acre feet. After completion of the proposed development, the site runoff will increase to approximately 2.22 acre-feet. Existing runoff calculations include a limited amount of stormwater runoff which enters the site from a stormsewer line in Tuxedo Boulevard. After development, Tuxedo Boulevard runoff will flow to the proposed detention basin. To lessen the impact of site runoff, a sedimentation/detention basin built to NURP standards will be constructed at the north central portion of the site. A flow control device at the pond will limit the rate of flow into the drainage channel which in turn discharges into Lake Minnetonka to a maximum discharge of 5 cubic feet per second. This discharge rate conforms to the Minnehaha Creek Watershed District standards. The detention basin will also act as a sediment control basin and skimmer. The proposed detention basin has been designed and sized to accommodate the additional site runoff created by the proposed development. As the stormwater passes through the sedimentation basin the sediments will filter out of the water and the skimming device will prevent floatables from moving downstream. 18.b. There will be two general routes of stormwater runoff from this development to Lake Minnetonka. 1) Overland flow of surface runoff from roofs and green areas which slope naturally toward the lake. 2) An engineered system for all other runoff which includes the following elements: green space and hard surface runoff flows to curb and gutter/storm sewer; storm sewer flows to sedimentation basin; sedimentation basin flows into drainage channel; channel flows to Lake Minnetonka. The nutrient concentration levels which reach the lake in runoff are expected to decrease as a result of the NURP standard detention basin. A nutrient budget is not needed for this project. 19.c. All wastewater and sewage anticipated to be generated from this development are scheduled to be added to the Metropolitan Wastewater Treatment System through a proposed 8" sanitary sewer connection to the existing pipe located in the Tuxedo Road right-of-way. The public system has adequate capacity to handle increases due to the development. 21.a. The construction and use of the project will generate mixed municipal solid waste. Demolition waste and construction debris will be properly disposed of in a demolition and debris landfill. Use of the site will generate grass clippings and other gardening/turf maintenance wastes which may be amenable to composting. The balance of the waste profile is expected to be largely made up of paper, corrugated cardboard, and plastics with some glass and metals. Source separation will occur on an individual lot basis and will meet and/or exceed the City and UBC standard requirements. It is assured that maximum recycling alternatives will be employed by the waste hauler which services this development. It is anticipated that only a fraction of the solid waste generated by this development will be land filled. Sewage from the project will flow into the Metropolitan sewage treatment system. Environmental Assessment Worksheet - Pelican Point Multi-family Residential Development 25. During construction, airborne fugitive dust will temporarily increase. All available mitigation measures will be employed to reduce the dust emissions from the construction activities. The mitigating measures will include selective grading and staged construction, timely job site clean-up, haul road maintenance, watering of soils undergoing grading or earth moving operations during periods of high winds (determination to be made on-site by general contractor). To minimize construction noise, equipment will be properly exhausted and construction activities will be subject to the City's construction timing limitations for hours of operation and noise ordinances. No additional measures are being proposed to minimize construction noise because the project is not expected to produce unusual amounts of noise. The predicted noise level is expected to be less than the state construction noise maximum standard of 65 dBA. 26.a. Archaeological Research Services, an independent consulting firm has conducted a cultural resource investigation of the property. A small habitation site has been identified but due to extensive disturbance, ARS does not believe the site warrants further investigation. Near the shoreline, a mound-like feature has been identified as a potential Native American burial site. The developer has indicated that the location of the pier and trail shown on the plan will be moved to the south to insure that the mound is not disturbed. The Mound Shoreland Management Ordinance requires that any disturbance be a minimum 50 feet from an unplatted cemetery. The State Historical Society is in the process of reviewing the archeological study. Their formal response will be incorporated into this EAW as Exhibit B if it is submitted prior to final publishing. 26.d. Scenic views and vistas from the site to Lake Minnetonka will be preserved through careful placement of the residential buildings and internal public road. Views from Lake Minnetonka to the site will be preserved by maintaining building setbacks from the bluff line and preservation of a large portion of existing natural vegetation. 28. The proposed low density residential land use conforms to the City of Mound's Comprehensive Land Use Guide Plan designation. The property also lies within the Lake Minnetonka Shoreland Management District. The development must also conform with the Minnehaha Creek Watershed District's plans for stormwater management. This has been accomplished through the proposed design of the stormwater system with the detention/sedimentation basing which also conforms to NURP standards and properly treats the stormwater runoff before it is discharged into the existing on-site wetland. 29. The development will require on-site public utility improvements. The sanitary sewer is proposed to be 8" PVC and the watermain is proposed to be 8" D.I.P. Natural gas, electric, phone and cable services will be provided by the appropriate local utility companies. Environmental Assessment Worksheet - Pelican Point Multi-family Residential Development $91 32. Potential environmental impacts of Pelican Point Multi-family Residential Development are: · shoreline degradation on Lake Minnetonka; · disturbance and/or destruction of aquatic vegetation and wildlife habitat; · stormwater runoff impacts; · disturbance and destruction of upland vegetation and wildlife habitat; · erosion. This report identifies several techniques the developer is proposing as well as regulations placed by governmental agencies which reduce or eliminate many of the potential impacts associated with the development. The strongest potential for impact to the environment may be the effects of boat traffic close to the Pelican Point shoreline. Even though lake-wide boat traffic will increase very little due to the development, there will be more disturbance to the shoreline which is currently relatively undisturbed. Environmental Assessment Worksheet - Pelican Point Multi-family Residential Development ~n i J ! [] , it I .! '18 I ,I J i I ,,1~ I · .) --- ~ -,."'i ~~.~, o.,tom o'~i u ~ I ~L[ '",o,,,~.."~'""",,~.~,~. SITE LOCATION MAP (612) 933-0972 ~ASSOCIAT[S LTD~ ~ax: (6~2) 033-1153 17 Point Point ,/ Int MINNETONK] 4_:_: ~ SCALE 1:24000 . I ~. 0 I M&E 1000 0 lOOO 2000 3000 4000 5000 ~ 7~00 FEET / ../ . -$ 0 I KILOMETER ~/ i /o,.~."/ ,. '~n NATION~ GEOO~C ~R~L ~M ~ 19~ - _ ~/ . ~ ~ .' ~ M,ar ~ssoc~s :r~j 922 k4oin~treet ' Hopkins, Mn. (6~2) 933-o972 ~ax: (6~2) 953-1155 U.S.C~S. MAP MOUND QUADRANGLE RGURE 2 6/6/94 FI~t~E 3 19 O~3x~ nlmm~ ,. / FIGURE 4 20 j\ FIGURE 5 21 I - ,, I .: 0 FIGURE 6 22 I! FIGURE 7 23 mmmm RG~E8 24 I mi j !, I , li~ "' RESOLUTION NO. A RESOLUTION DENYING THE REQUEST OF ROD LARSON AND MYRNA NOYD OF 2976 HIGHLAND BOULEVARD FOR A VARIANCE TO CONSTRUCT A GARAGE ADDITION ON P.I.D. NO. 23-117-24-41-0016 WHEREAS, the Minnesota Statutes Section 462.353 conv~¥~ au~ho,lty ~ thu City to plan and ~ection 462.357 provides enabling legislation for the City to adopt a zoning ordinance and zoning regulations, and WHEREAS, Section 350:620 of the Mound City Code establishes the single family residential district and Section 350:420 indicates the provision governing non-conforming uses and Section 350:530 authorizes the variance procedures in the City Code, and Wq{EREAS, the applicants in Case No. 94-23 are Rod Larson and Myrna Noyd who reside at 2976 ~ighland Boulevard, and they have applied for a variant, Lo ad~ m garage ~o ~h¢ main huu~ Otl =belt property, and they acknowledge that there is another structure located near the main structure which they rent out, and ' WHEREAS, the applicants allege that the two residences on the same property have existed for many, many years and were in existence when they purchased the property at 2976 Highland Boulevard ten years ago, and WHEREAS, the matter was considered by the City Council on May 24 1994, and questions were raised at that time concerning the history of th. property, and the matter was d~,rred ~o a~ditional information could be presented to the Council on June 14, 1994, and WHEREAS, the building official has indicated that City records of building permits, sewer and water installations, and other related histories for the properties that bear addresses 2976 and 2980 Highland Boulevard are as follows: On June 22, 1965, the property was assessed one unit for sanitary sewer treatment plant, trunk system, and sanitary sewer laterals and service· There are no building permits or sewer and water installation records on file at City Ball for the non- conforming rental dwelling. In January of 1966, the records reveal a connection to a sewer service at the lake side manhole, and on September 16, 1966, Permit No. 1088 was granted for a sewer connection. On or about February 27, 1987, a special assessment prepayment was received from Twin City Abstract Corporation in the amount of $3,434.91 for sewer lateral and street improvements. II · J ,! J , I~ II Ii and WHEREAS, there is no record of a connection to the municipal water but the building official has indicated there are two meters and two shut- off valves for the property, and WHEREAS, there are no City records to indicate the location of the sewer lines or any hook-up for City water on the property and there is no definitive way to establish if these utility lines were installed without the City's knowledge or if for some reason the records have been lost or misplaced, and W~EREAS, the parties agree that the property is non-conforming in that there are two principal structures on the property in a single family residential district and one of the structures is built too close to the public street to meet set-back re~l]~ r~m~n~. ~n~ ~h~o£~.o %ho propo~mr ko non-conforming, and WHEREAS, Section 350:420, Subd. 1, of the City Code reads as follows: "Any structure or use lawfully existing on the effective date of this Chapter may be continued at the size ~nd in ~ ~anne~ of ~peratjon existing upoo ~uch and WHEREAS, the purpose of a non-conforming use provision in a zoning ordinance is to meet constitutional requirements that there is not a taking, but the non-conforming provisions are designed to place the property into conformance with City ordinances and codes at some time in the future when the property is expanded or if for any reason it is destoryed or damaged beyond 50% of its value, and WHEREAS, the Council is very understanding of the applicants' desire to add a proposed double garage to their existing home which overlooks Lake Minnetonka, but the addition of the garage will be an expansion of a non-conforming use and will undoubtedly extend the life of the non-conforming status of the property, and will also establish a precedence for other properties in the City which haue two or more residential structures on a single family lot, and WI4E~EA=, Oec~ion 350;530 =oCebllshus =he provisions ~or the granting of variances and indicates that a variance may be granted only in the event that certain circumstances exist including "exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone and 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", NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Mound as follows: 1. The application of Rod Larson and Myrna Noyd for a variar to construct a garage at 2976 Highland Boulevard on ?.I.D. No. 23-117-2~ 41-0016 is hereby denied for the following reasons= a. The property is non-conforming in that it has two principal residential structures on one parcel of land in a single family district. b. The survey shows the proposed garage structure is located in an area which is essentially where a garage would be located on the property for a residential unit and would conform to setback requirements from Highland Boulevard, and the applicants agree that it is their intention to eventually do away with the rental structure but they allege that they cannot afford to do so at the present time for economic reasons. The street side structure has double garage doors facing the street and gives the impression of a garage rather than a residence. c. The City records do not reveal permits issued by the City for the multiple sewer connections, nor do they reveal any application for the water connection, although the City does acknowledge that there are two separate utility billings made to the property, and how this has come about is not known to uurrent City staff or the Council. The property has apparently paid one sanitary sewer assessment and if there is a water assessment that is not revealed in City records and apparently not known by the applicants. d. The requirements for granting a variance and the reasons for granting a variance in Section 350:50 are not met in that there are no exceptional or extraordinary circumstances which apply to this property or any other properties in the single family zone, and further the denial of a variance request does not deprive the applicants of rights generally enjoyed by other parties in the same district, and further the granting of the variance will confer on the applicants special privileges that are denied by the zoning ordinance to owners of other single family lands or structures in this zoning district. 2. The City Council further finds that the granting of this variance and the expansion of this non-conforming use would be detrimental to the public welfare and would convey privileges on this property which do not exist for other properties, and the economics of a rental of the street side property does not justify the granting of a variance which would be contrary to the City's stated goals of bringing all properties into conformance with current codes. 3. The City Council further finds that the applicants can rectify the problem and would not need a variance if the second residence on the single family lot were removed, as this would bring the property into compliance with the R-1 zoning district and would allow the applicants tn use their property in a manner which is consistent with the zoning ordinanc applicable to all other properties in the same use district. 4. The City Council further finds that if standards and requirements are waived or relaxed for one property, other property owners have the right to expect thesame kind of treatment or their constitutional rights would be adversely affected by failing to apply the equal protection laws of the Constitution to all residents. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION JUNE 13, 1994 ..CASE #94-3(~ MARK WALSTROM, 4872 LESLIE ROAD, LOT 8 & E 1/2 OF 9, BLOCK 21, WYCHWOOD, PID #24-117-2441 0021. VARIANCE FOR FENCE, Building Official, Jon Sutherland, reviewed the staff report. The applicant is seeking a 2 foot fence height variance for a portion of the yard fronting on Monmouth Road. This portion of the site is functionally the rear yard. The applicant's concern is lighting from houses on Monmouth create a nuisance for this property. The applicant has a reasonable concern due to topography. The houses and lights to the north appear to create a negative impact. There are other properties in this area with similar situations, and they have established tree and bushes and other growth to minimize this negative impact of the neighboring lighting, etc. Staff's main concern is the impact of a 6 foot fence this close to the right-of-way. The lot line is situated virtually up to the paved Monmouth Lane, and it appears that establishing a buffer of tree or other growth is preferable to a 6 foot fence in this location. Staff recommended denial of the request as it is inconsistent with the zoning ordinance provisions regarding fences and other alternatives are available. Mrs. Wahlstrom stated that they have no privacy in their backyard from the street and neighbors due to topography. They would like to install a 6 foot high fence at their property line which is 1 foot from the wood retaining wall, on the street side. She emphasized reasons for needing a 6 foot fence, as follows: The topography creates a hazardous situation for her children. To keep the neighbors dogs out. To filter the lights from neighboring properties which shine into their house. Mrs. Wahlstrom also stated that if trees were planted, they do not provide much privacy in the winter. Mueller commented that he does not think 2 feet more of fence height will make much of a difference. Weiland confirmed with the applicant that there is about 3 feet between their property line and the curb. Hanus commented that he would prefer a fence over foliage in this instance because of the limited space between the retaining wall. Aisc, the fence is better than seasonal buffering. Jensen commented that she does not want to see the City walled-off. MOTION made by Mueller, seconded by Weiland, to recommend denial of the variance, as recommended by staff. Motion carried unanimously. This case will be heard by the City Council on June 28, 1994. It ,i J ,! [] , It I CITY of MOUND STAFF REPORT 534~ t.tA'FWCOD BOAD MOUND. I.t,;NE$OTASBS64 ,~'2,472 0690 FAX 6~2~472 0620 DATE: Planning Commission Agenda of June 13, 1994 TO: FROM: Planning Commission, Applicant and Staff Jon Sutherland, Building Official SUBJECT: Variance Request for Fence APPLICANT: Mark Walstrom CASE NO. 94-30 LOCATION: 4872 Leslie Road, Lot 8 & E. 1/2 of 9, Block 21, Wychwood, PID @4-117-24 41 0021 ZONING: R-lA Single Family Residential BACKGROUND The applicant is seeking a 2 foot fence height variance for a portion of the yard fronting on Monmouth Road. This portion of the site is functionally the rear yard. The applicant's concern is lighting from houses on Mbnmouth create a nuisance for this property. COMMENTS The applicant has a reasonable concern due to topography. The houses and lights to the north appear to create a negative impact. There are other properties in this area with similar situations, and they have' established tree and bushes and other growth to minimize this negative impact of the neighboring lighting, etc. Staff's main concern is the impact of a 6 foot fence this close to the right- of-way. The lot line is situated virtually up to the paved Monmouth Lane, and it appears that establishing a buffer of tree or other growth is preferable to a 6 foot fence in this location. STAFF RECOMMENDATION Staff recommends denial of the request as it is inconsistent with the zoning ordinance provisions regarding fences and other alternatives are available. JS:pj This case will be reviewed by the City Council on June 28, 1994. The abutting neighbors have been notified of this request. Planning Commission Date: City Council Date: Distribution; VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-I)620 City Planner .~~ Public Works City Engineer ~ DNR Other APR 2 8 1994 Application Fee: $50.00 Please type or print the following information: Address of Subject Property Addition ~]\]t~h [X.3~ Owner's Name Use of Property: Block Pm no. c~-II oozl Day Phone~~ Owner's Address Applicant's Name (if other than owner) Address Day Phone Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure ftr this property? { ) yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): ' Pr', ~'.~,--i F~ce_ ~/o,~,5 bc,.~L S,~¼ ~( I/ Vm'iance Application (11/93) Cas~ NO. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes ~)~, No (). If no, specify each non-conforming use (describe reason for variance request, i.e. setback, qot area, etc.): SETBACKS: required requested VARIANCE (or existing) Front Yard: (NSEW) Side Yard: ( N S E W ) Side Yard: ( N S E W ) Rear Yard: ( N S E W ) Lakeside: ( N S E W ) : (NSEW) Street Frontage: Lot Size: Hardcover: Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes ~, No (). If no, specify each non-conforming use: e Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? Please describe: _ ~0 t.~,.5 ( ) too narrow (~I topography ( ) soil ( ) too small drainage ( ) existing situation ( ) too shallow ( ) shape ( ) other: specify .J Variance Application (11/93) Page 3 Cas~ No. Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No ~ If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No ~. If yes, explain: Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (), No~l~. If no, list some other properties which are similarly affected? /- 9. Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature fff~'- Applicant's Signature ~;~'~/~,~,_ IIIIGIITEREO UHJ)IJ~ I-AWl OJr ITA?I OJI~ II|NNI. IOrA LICJlliI, I'.~ IY OROINA~ OJI' CItY O~ klINNIJa, III:)Lll ~,le I~AI~T 5~'TH STREet PA. 4.4~81 I I / , '\ / , ·: '/ .; '.,x /' ': /"( .,. ' ~ hereby ¢~rttfy that thla tm a true and correct pl&t of a .utve~~'-' lot 8 and the East 1,/2 o.f Lot 9, a~ neaaurer] elon8 the N.~'th ~ South ltuej o! eatrl Lot 9, Block 21, ~/Tchvood, Hennepin C,ognt'y, Htnaeaota. AI ,u~vzv.o .~' Mz VHt.- llth .... u^v o~,__:ejO It. C/'JAC;KJON. ~LJ~'~I.~?.,~IITRATION,.IN~. 3eoo ' Required Lot Width: Existing Lot Width SETBACKS REQUIRED: SIDE: N S~ W & ~l N S E W 1~' LAKES ItORZ: 50' ~measured from Q.N.W.} EXISTING ARD/OR PROPOSED SETBACKS: PRINCIPAL BUILDIN~ ..o..,d)... .'~., ...~-fo'[ REAR: N S t~ # · L,AAE SNORE: IS FRONT: FRONT: SIDE: SIDE: PEAR: LAKESHORE: ACCESSORY BUILDING 4' or ~' 50' tmeasp;~ from O.H.W.) NO, _ FRON s E w ~ FRONTI--- N S E W SIDE; N S E W SIDE: N $ ~ W PEAR: N S E W LAIGES HORE: PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE EXISTING NONCONFORMING SETBACKS TO ALLOW CONSTRUCTION OF A CONFORMING PORCH AT 1773 SHOREWOOD LANE, LOTS 13 & 14, BLOCK 5, SHADYWOOD POINT, PlO #13-117-24 11 0030, P&Z CA~E #§4-31 WHEREAS, the owners, Michael & Carol Johnson, have applied for a variance to construct a 12' x 20' three season porch. The proposed porch meets all setback requirements. Following are the variances involved: Front Yard - House Side Yard - Garage Rear Yard - Shed Hardcover Existing/ Proposed Required. Variance 27.8' 30' 2.2' 3.0' 4' 1.0' 2.0' 4' 2.0' 32% 30% 2% and; WHEREAS, the subject property is located within the R-1 Single Family Residential Zoning District which according to City Code requires a lot area of 10,000 square feet, a 30 foot front yard setback, 10 foot side yard setbacks, and a 15 foot rear yard setback, and; WHEREAS, the hardcover variance on this lot results from the existing facilities, the new porch, and particularly, the extensive concrete parking area that is proposed. The hardcover would need to be reduced by 275 4-/- square feet in order to conform to the 30% requirement, and; WHEREAS, there is a 9 foot wide boulevard area, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval, as recommended by staff. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a variance recognizing the existing nonconforming setbacks to the house, garage, and shed, as follows, to allow construction of a conforming porch addition. Proposed Resolution Case #94-31 Page 2 e Front Yard - House Side Yard - Garage Rear Yard - Shed Existinq/Prooosed Re(~uired Variance 27.8' 30' 2.2' 3.0' 4' 1.0' 2.0' 4' 2.0' Approval is contingent to the following: The proposed concrete parking area shall be reduced in size in order to not exceed the maximum impervious cover limitation of 30%. Furthermore, the applicants shall revise their site plan accordingly and submit a new Hardcover Calculations sheet for review and approval by the Building Official prior to issuance of a building permit. The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of 12' x 24' three season porch. This variance is granted for the following legally described property: Lots 13 and 14, Block 5, Shadywood Point. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION JUNE 13, 1994 ~ MICHAEL & CAROL JOHNSON, 1773 SHOREWOOD LANE, LOTS 13 &_ 14, BLOCK 5, SHADYWOOD POINT, PID #13-117-2411 0030. VARIANCE FOR PORCH. Building Official, Jon Sutherland, reviewed the staff report prepared by the City Planner. The applicants are seeking approval of a variance to construct a 12' x 20' three season porch. The proposed porch meets all setback requirements. This case involves the following variances: Existin(~/Prooosed Reauired Variance Front Yard - House 27.8' 30' 2.2' Side Yard - Garage 3.0' 4' 1.0' Rear Yard - Shed 2.0' 4' 2.0' Hardcover 32% 30% 2% The hardcover variance on this lot results from the existing facilities, the new porch, and particularly, the extensive concrete parking area that is proposed. It appears as though it would be relatively easy to remove a portion of the proposed concrete parking area in order to achieve conforming impervious surface coverage. Staff recommended that the Planning Commission recommend approval (recognition) of the variances relating to the existing front yard setback of the house, the existing side yard setback of the garage, and the existing rear yard setback for the shed conditions upon the following: The proposed concrete parking area shall be reduced in size in order to not exceed the maximum impervious cover limitation of 30%. Furthermore, the applicants shall revise their site plan accordingly and submit a new Hardcover Calculations sheet for review and approval by the Building Official prior to issuance of a building permit. Michael Johnson, applicant, addressed the Commission and requested that they take the 9 foot wide boulevard area into consideration when reviewing the hardcover. Mr. Johnson emphasized the need for the addition parking area, he has two cars and a boat that need to be parked outside. He also noted that he gets water in his basement and the concrete area helps deter seepage. Mueller noted that the hardcover would need to be reduced by 275 square feet in order to conform to the 30% requirement. The Commission discussed many different options to help the applicant meet the hardcover requirement. Jensen suggested that the applicant work on his site plan to make it work. MOTION made by Mueller, seconded by Hanus, to recommend approval of the variance, as recommended by staff. Motion carried unanimously. This case will be heard by the City Council on June 28, 1994. Hoisington Koegler Group Inc. PLANNING REPORT TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: June 8, 1994 SUBJECT: Variance - 3 Season Porch APPLICANT: Michael and Carol Johnson CASE NUMBER: 94-31 HKG FILE NUMBER: 94-5i LOCATION: 1773 Shorewood Lane EXISTING ZONING: Single Family Residential (R-l) COMPREHENSIVE PLAN: Residential BACKGROUND: The applicants are seeking approval of a variance to construct a three season porch on the south side of their existing home. The proposed porch which measures 12' x 20' meets all setback requirements. The variance request results from the home and two accessory buildings which do not conform to current setback requirements. In addition to the proposed porch, the plan identifies a new proposed concrete parking area at the rear of the home. The proposed construction combined with the existing hardcover results in a requested impervious surface coverage of 32% which slightly exceeds the 30% maximum identified in the ordinance. As proposed, this case involves the following variances: .Issue Existing/Proposed Required Variance From Yard - House ' 27.8' 30' 2.2' Side Yard - Garage 3' 4' 1' Rear Yard - Shed 2' 4' 2' Hardcover 32% 30% 2% COMMENT: The proposed addition is in full compliance with all setback requirements. As a result, the only item identified in the variance listing above that is of concern is the hardcover variance. The hardcover variance on this lot results from the existing facilities, the new porch Land Use / Environmental · Planning / Design 7300 Metro Boulevard/Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160 Johnson Variance Planning Report June 8, 1994 Page Two and particularly, the extensive concrete parking area that is proposed. It appears as though it would be relatively easy to remove a portion of the proposed concrete parking area in order to achieve conforming impervious surface coverage. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval (recognition) of the variances related to the existing front yard setback of the house, the existing side yard setback of the garage, and the existing rear yard setback for the shed conditioned upon the following: · The proposed concrete parking area shall be reduced in size in order to not exceed the maximum impervious cover limitation of 30%. Furthermore, the applicants shall revise their site plan accordingly and submit a new Hardcover Calculations sheet for review and approval by the Building Official prior to issuance of a building permit. VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 4720620 Planning Commission Date: -.~.~~~- City Council Date: ~ '"~-~-' q__.~ Distribution: ~--7.~ City Planner ~ Public Works City Engineer ~ DNR Other MAY 9 199z~ Application Fee: $50.0Q Case No.~~ Please type or print the following informsfion: Address of Subject Property Addition I~ Zoning District Owner's Name Use of Prope.~: Owner's Address Block Applicant's Name (if other than owner).. Address Day Phone Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. 2. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): ~,~ :-q'.t- 3 "'" - · ,.r.~_~w~._~ ~?or'c3~, c .o. q4'51 Variance Application (! 1/93) P~e 2 3. Do the existing slxuctures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (), No ¢. If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: required requested VARIANCE (or existing) Front Yard: Side Yard: · ~eat'gido Yard: ~ide: Does the prese~n~ use of the property conform to all regulations for the zoning district in which it is located? Yes t)q, No (). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) soil ( ) too small ()drainage ~I existingsituatiOn ( ) too shallow ( ) shape other: specify Please describe: Variance Application (11/93) Page 3 Was the hardship described above created by the action of anyone having property interests in the lan" after the zoning ordinance was adopted (1982)? Yes (), No (). If yes, explain: e Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No ~. If yes, explain: Are the conditions of hardship fotr which you request a variance peculiar only to the property described in this petition? Yes (), No9(~. If no, list some other properties which are similarly affected? 9. Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature ~ Applicant's Signature Date Date CiTY OF MOUND HARDCOVER CALCULATIONS NAME: ADDRESS: EX~ST~NG LOT AREA _lC?r9 ~ EX~ST~.G LOT AREA IC~ ,qq~' sc, ~T x 3o% = ~o;~ SQFT X 15% = _ I~LI~ HOUSE: LENGTH WIDTH x X GARAGE: TOTAL HOUSE * 2~.5,x - X TOTAL GARAGE ****************** DRIVEWAY: TOTAL DRIVEWAY ***************** DECK: X = (if impervious X = surface under deck = 100~) TOTALDECK '************ TOTAL DECK @ 50%*******'******* /~,"~(--~ TOTALOTHER **** ******* ** TOTAL PROPOSEDHARDCOVER ******************* UNDER (OVER) ***************************** MEETS LOT. COVERAGE REQUIREMENTS * * * * * * * * * * * * * * YES___NO BY: DATE: CERTIFICATE OF SURVEYEOR MICHAEL AND CAROL JOHNSON OF LOTS 13, AND 14, BLOCK 5, SHADYWOOD POINT HENNEPIN COUNTY, MINNESOTA LEGAL DESCRIPTION OF PREMISES SURVEYED: Lots 13, and 14, Block 5, SHADYWOOD POINT e: denotes iron marker found Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property and the location of an existing house, garage, shed, and ali visible "hardcover" thereon. It does not purport to show any other improvements or encroachments. ,0 $ ~o~ ~o~o~. 8ETBACKB REQUIRED: PRINCIPAL BUZLDZNG FRONT= N S (E)W FRONT I N S · If SIOEI v ~S~O~z ~9' (~aeured from O,H.W,J , ACCESSORY BUILDING FRONT = N S E W FRONT = N S E W SIDE= N S E W 4' 9; §' ~SHO~, 50' fmeaoured J~om O.H.W,I EXISTING ~d~D/OR PROPOSED SETBACKS: BY I ~ ~~ , ,,--v DATE k uc o PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A VARIANCE FOR A NONCONFORMING DECK AT 2561 WEXFORD LANE, LOTS 4 - 13, BLOCK 7, SETON, PID #24-117-24 14 0001 P&Z CASE #94-32 WHEREAS, the owner, James Peterson, has applied for a variance in order to construct a nonconforming deck on the lakeside of the property. A corner of the deck is 7 feet nonconforming to the required 50 foot setback to the ordinary high water (OHW). WHEREAS, variances were granted for the reconstruction of the dwelling, Resolution # 90-108, and the garage addition #93-128, which included a 12 foot front yard setback variance for the dwelling, a 48 foot setback variance from the garage to the OHW, and a 12 foot setback variance from the driveway to the OHW, and; WHEREAS, the proposed setback encroachment for the deck is minimal in this case and is buffered by the substantial wetlands, and; WHEREAS, the proposed deck is Iow to the ground, and if not attached to the dwelling would not require a building permit. A guardrail is not planned and this lessens the visual impact from the lake, and; WHEREAS, the subject property is located within the R-lA Single Family Residential Zoning District which according to City Code requires a lot area of 6,000 square feet, a 20 foot front yard setback, 6 foot side yard setbacks, and a 50 foot setback to the OHW, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval as the request is a minimal encroachment due to the specific conditions and is a reasonable use of the property, subject to compliance with the conditions listed in Resolution//93-128. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a variance for the following, to allow construction of a nonconforming 10' x 20' deck: Proposed Resolution Case #94-32 Page 2 e Front Yard - House OHW - Garage OHW - Driveway OHW - Deck Existino/ Proposed Required Variance. 8' 20' 12' 48' 50' 2' 38' 50' 12' 43' 50' 7' Variance approval is subject to compliance with the conditions listed in Resolution #93-128. The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of 10' x 20' deck. This variance is granted for the following legally described property: Lots 4 thru 13, inclusive, Block 7, Seton. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filbd with the City Clerk. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION JUNE 13, 1994 -~' JAMES PETERSON, 2561 WEXFORD LANE, LOTS 4 - 13, BLOCK 7 SETON, PID #24-117-2414 0001. VARIANCE FOR DECK Building Official, Jon Sutherland, reviewed the staff report. The applicant is seeking a permit in order to construct a nonconforming deck on the lakeside of the property. A corner of the deck is 7 feet nonconforming to the required 50 foot setback to the ordinary high water (OHW). This encroachment is minimal in this case and buffered by the substantial wetlands. As noted on the plans, the deck is Iow to the ground and if not attached to the dwelling would not require a building permit. A guardrail is not planned and this lessens the visual impact from the lake. Staff recommended the Planning Commission recommend approval as the request is a minimal encroachment due to the specific conditions and is a reasonable use of the property. Jensen questioned if the Building Official has confirmed compliance to the conditions listed in Resolution #93-128, specifically, "The driveway shall be located so that the impact of the encroachment is minimal and shall not exceed a 12 foot variance from the required 50 foot setback." The Building Official suggested that this could also be made a condition in this resolution, and he can verify. MOTION made by Hanus, seconded by Mueller, to recommend approval of the variance, as recommended by staff, and Including required compliance to the conditions listed within Resolution #93-128. Motion carried unanimously. This case will be heard by the City Council on June 28, 1994. CITY of MOUND STAFF REPORT 534! MAYWODD ROAD MOUN? MINNE$3TA55S64"687 ~612! 472--9600 FAX 612 4-2 0620 DATE: TO: FROM: Planning Commission Agenda of June 13, 1994 Planning Commission, Applicant and Staff Jon Sutherland, Building Official SUBJECT: Variance Request for Deck APPLICANT: James Peterson CASE NO. LOCATION: 94-32 2561 Wexford Lane, Lots 4 - 13, Block 7, Seton, PID #24-117-24 14 0001 ZONING: R-lA Single Family Residential BACKGROUND. The applicant is seeking a permit in order to construct a nonconforming deck on the lakeside of the property, A corner of the deck is 7 feet nonconforming to the required 50 foot setback to the ordinary high water (OHW). This encroachment is minimal in this case and buffered by the substantial wetlands. As noted on the plans, the deck is Iow to the ground and if not attached to the dwelling would not require a building permit. A guardrail is not planned and this lessens the visual impact from the lake. STAFF RECOMMENDATION.. Staff recommends the Planning Commission recommend approval as the request is a minimal encroachment due to the specific conditions and is a reasonable use of the property. JS:pj This case will be reviewed by the City Council on June 28, 1994. this request. Qprinted on recycled p3per The abutting neighbors have been notified of ¥// VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 City Council Date: Planning Commission Date:~ City Planner ~ Public Works City Engineer DNR Other Application Fee: $50,00 Case No.~ Address of Subject Property Lot5 6/ /'-D /~ Addition Zoning District /~c I t~ Z o¢ ~; ]]lock Use of Property: PID No. 2q - /i 7 -- 07¢ - Iq ooo/ Owner's Name ,.~ffle.S ~ ~-,Z-~-ett-S'~'~ Owner's Ad~ ~ ~ I i?.~y ~o~o A~t's N~e (if o~er ~ o~er) Day Phone 6t 7o~ ~3 'Tq Address Day Phone Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure f6r this property? 0~ Yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): ~DoOd Dec..K lC, X ~o A~c,~ o~= ,Ooc,~< II ,[ II I, I ,ii, ~' %ri~mce Appli~tion (11/93) Page 2 Case No. ~.~__~_~ e Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (), No ~gj[. If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): e SETBACKS: required requested (or existing) Front Yard:( N S(~W ) ~,0 Side Yard: ( N S E W ) Side Yard: ( N S E W ) Rear Yard: ( N S E W ) Lakeside: ( N S F~) ,~t") _ :(NSEW) Street Frontage: Lot Size: sq fl Hardcover: sq fl VARIANCE ft. ft. ft. ft. ft. ft. ft. ft. ft. .. ft. ft. t -ft. - ft. ft. ft. ft. sqft sqft sqft sqft Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes ~(~, No (). If no, specify each non-conforming use: e Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? too narrow ( ) topography ( ) soil too small ( ) drainage ~x~ existing situation too shallow ( ) shape ( ) other: specify Please describe: Variance Application (11/93) Page 3 Was the hardship described above created by the action of anyone having property interests in the lan( after the zoning ordinance was adopted (1982)? Yes (), No ~ If yes, explain: e Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No ]~. If yes, explain: Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes ~[, No (). ff no, list some other properties which are similarly affected? 9. Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature Applicant's Signature Date/~/~ ~'/~.~ ]_GC/_y' / Date II ,I II I. I. ,,11, · CITY OF MOUND HARDCOVER CALCULATIONS NAME: ADDRESS: EXISTING LOT AREA EXISTING LOT AREA 8GFT X 30% = J ¢?'D~ J SQ FT X 15% HOUSE: LENGTH WIDTH ~ x ~o __ ~0 /%__x ,.~o = 0 - X -- GARAGE: TOTAL HOUSE * X DRIVEWAY: TOTAL GARAGE /~ x X DECK: (if impervious surface under deck = 100~) OTHER: TOTAL DRIVEWAY X TOTAL DECK * TOTAL DECK ~ x TOTAL OTHER TOTAL PROPOSED UNDER (OVER) ***************************** MEETS LOT COVERAGE REQUIREMENTS DATE: "- --...ZOO. 0 0 .... Lots 4 thru 13, inclusive, Block 7, SETON, according to the recorded plat thereof, Hennepin County, Minnesota. GENERAL NOTES _o Denotes iron monument Proposed top of foundation elevation = II ,CERTIFICATE OF' SURVEY prepared for: .... ZO0. O0 .... -- ~.,.,., ,c , .,, - ,, .X<;~) '~\ . . ~- -~ · - ' k - - 0 - ., ... LoT ' -..,oo. oo..- ~ CARRICK - LEGAL DESCRIPTION: Lots 4 thru ~3, inclusive, Block 7, SETON, according to the recorded plat thereof, Hennepin County, Minnesota. GENERAL NOTES o Denofes iron monument · +" De,ales cross chieeled In concretl x 939.? Denolee existing spot elevation ~ Denotee IXOposed spot elevation ( Denotes surface drainage Dashed contour lines denolee proposed fealuree Solid contour linee denotes exieting features .,ALL-METRO LA_ND ,~URVEYORS, 2340 Partials Street Long Lake, Minnesota 55356 Ph; 475-143~ Proposed top al foundation elevation Proposed basement floor elevation Proposed garage floor elevalion · BENCHMARK: ] hereby certify Ihol thll eurvey,[~lenor report wet prepared by me O~ under my dlrectlupervilion ond thai [ om o duly Rlglttlrld ~nd Survtyor SCALE FILE NO. September 28, 1993 RESOLUTION ION TO APPROVE A VARIANCE TO THE FRONT y _A?_ _S_ET. BACK TO At. COW CONSXRVC O A AND LAKESHORE SETBAC XFORD LANE, GARAGE ADDITION AT 2561 WE LOTS 4 THRU 13, BLOCK 7, SETON, PID g24-117-24 14 0001 P&Z CASE ~3-046 WHEREAS, the applicant, Willette Construction, Inc., has applied for the following variances to allow construction of a 22' x 22' garage addifon: Existing/ Pro_oosed FRONT EAST 20' 8' 12' O.H.W. 50' 48' 2' WHEREAS, the existing dwelling reconstruction was approved by Resolution ~ 108, and at that time a garage site was not shown, and; WHEREAS, the proposed driveway will also encroach into the required 50 foot setback from the Ordinary High Water as required by City Code Section 350:1225, 5., and; WHEREAS, the encroachment of 2 feet into the lakeshore setback is minimized by the expansive wetland before you get to navigable water, and; WHEREAS, the need for storage space is reasonable, the proposal is minimally sized, and the location appears to be the best suited for the site with the garage door facing the side lot line, and; WHEREAS, The subject property is located within the R-2 Two Family Residential Zoning District which according to City Code requires a lot area of 6,000 square feet, a 20 foot front yard setback, 6 foot side yard setbacks for "Lots of record,' and a 15 foot rear yard setback, and; WHEREAS, The Planning Commission has reviewed the request and unanimously recommended approval. 309 September 28, 1993 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby approve a 12 foot front yard setback variance and a 2 foot lakeshore setback variance to allow construction of a 22' x 22' garage addition. A lakeshore setback variance is also granted for the driveway. The driveway shall be located so that the impact of the encroachment is minimal and shall not exceed a 12 foot variance from the required 50 foot setback. The site plan shall be reviewed and approved by City Staff. e The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. e It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of a 22' x 22' garage addition. 4. This variance is granted for the following legally described property: Lots 4 thru 13, inclusive, Block 7, Seton. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Henri,pin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The foregoing resolution was moved by Councilmember Smith and seconded by Councilmember Ahrens. The following voted in the affirmative: Ahrens, Sensen, lessen, and Smith. The following voted in the negative: none. 310 Mayor lohnson was absent and excused. September 28, 1993 Attest: City Clerk 311 178 September 12, 1990 RESOLUTION %90-108 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE A FRONT YARD & BIDE YARD SETBACK VARIANCE FOR LOTS 4 - 13; BLOCK 7; SET.N; PID %24-117-24-14 0001 (2561 WEXFORD LANE) P&Z CASE NO. 90-933 WHEREAS, the applican~ has applied for a variance to allow a 7.8 foot side yard setback and recognize an existing front yard setback of 13.3 feet, to allow the re-construction of a single family dwelling for Lots 4 - 13, Block 7, Set.n, PID #24-117-24- 14 0001, and; WHEREAS, the subject property is located within the R-3 Single Family Zoning District which according to the City Code requires a lot area of 6,000 square feet, a 50 foot lakeshore setback, 10 foot side yard setbacks, and a 30 foot front yard setback, and; WHEREAS, Section 23.404, Subdivision (8) provides that alterations may be made to a building containing a lawful,' nonconforming residential property when the alterations will improve the livability thereof, but the alteration may not increase the number of units, and; WHEREAS, the Planning Commission has reviewed the request and does recommend approval due to practical difficulty and topography to afford the owner reasonable use of his land. NOW; THEREFORE, BE IT RESOLVED, by. the City Council of the City of Mound, Minnesota, as follows: The City does hereby authorize the 16.7 foot front yard setback variance and the 2.2 foot side yard setback variance for the property located at Lots 4 - 13, Block 7, Set.n, PID #24-117-24-14 0001 (2561 Wexford Lane). The Ci'ty Council authorizes the setback violations and authorizes the alterations set forth below, pursuant to Section 23.404, Subdivision (8) with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 23.404. It is determined that the livability of the residential property will be improved by the authorization of the following alterations to a nonconforming use of the property to afford the owner reasonable use of his land: II ,! II !, m ,,J, 179 September 12, 1990 a. To remove the existing structure down to the first floor foundation and reconstruct the dwelling, with modifications, 13.3 feet from the front property line, and 7.8 feet from the (north) side property line. b. Upon the following conditions= 1) The 8.3' x 7.5' shed be removed from the property, and 2) The new structure will meet all current building code requirements. This variance is granted for the following legally described property.. Lots 4 - 13, Block 7, Seton, PID J24-117-24-14 0001. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property' may be used. 5. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. The building permit shall not be issued until proof of recording has been filed with the City Clerk. The foregoing resolution ,was moved by Councilmember Ahrens and seconded by Councilmember Jessen. The following Councilmembers voted in the affirmative.' Ahrens, Jensen, Jessenv Johnson and Smith. The following Councilmembers voted in the negative: none · ~ayor v Attest:. city Clerk r..AX~ S HOA,~ t S]rDII M I ! # t~ / - II ,11 II ,I, J ....~ "' PROPOSED RESOLUTION #g4-__ RESOLUTION TO APPROVE A VARIANCE TO ALLOW RECONSTRUCTION OF A NONCONFORMING DECK AT 4801 ISLAND VIEw DRIVE, LOT 1 & E 3' OF 2, BLOCK 13, DEVON, PID #25-117-24 11 0122, P&Z CASE #94-33 WHEREAS, the owners, Curtis and Marjorie Olson, have applied for a variance in order to reconstruct an existing nonconforming 12' x 22' deck on the property. The following variances are involved: Existin0/Proposed ~ Variance. House - Front .15' 20' 19.85' House - Side 2.6' 6' 3.4' House - Rear 10' +/- 15' 5' +/- Deck - Rear 1' +/- 10' 9' +/- Deck - OHW 40' +/- 50' 10' +/- Lot Area 4,300 sf +/- 6,000 sf 1,700 sf +/- Hardcover 2,146 / 50% 1,290 / 30% 856 / 20% WHEREAS, the subject property is located within the R-lA Single Family Residential Zoning District which according to City Code requires a lot area of 6,000 square feet, a 20 foot front yard setback, 6 foot side yard setbacks, and a 15 foot rear yard setback, and; WHEREAS, the impact of the excessive hardcover is reduced by the boulevard between the property and Island View Drive, the unimproved 40 foot wide platted Devon Lane, and Devon Commons, and; WHEREAS, a minimally sized deck is a reasonable use of this riparian property. The deck is existing and this is the only logical location for replacement, and; WHEREAS, the lot corners and the City utility easement are not clearly located on the survey, and; WHEREAS, due to the location of the patio doors, a minimal size deck of 10 feet may not be considered functional, and; WHEREAS, the Planning Commission has reviewed the request and recommended approval by a 3 to 2 vote. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: Proposed I~esolution Case #94-33 Page 2 The City does hereby grant a variance for the following to allow construction of a 1-2' x 22' deck: Existino/Proposerl Reouired Variance House - Front .15' 20' 19.85' House - Side 2.6' 6' 3.4' House - Rear 10' +/- 15' 5' +/- Deck - Rear 1' +/- 10' 9' +/- Deck - OHW 40' +/- 50' 10' +/- Lot Area 4,300 sf +/- 6,000 sf 1,700 sf +/- Hardcover 2,146 / 50% 1,290 / 30% 856 / 20% Approval is granted subject to the following conditions: An updated survey shall be submitted that verifies the conditions as submitted and includes the location of the City easement on the lakeside for utilities. t0/ A ~:~ deck may be reconstructed~ o er ' . The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of a ~r~ x 22' deck. This variance is granted for the following legally described property: Lot 1, Block 13, Devon. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION JUNE 13, 1994 E~ CURTIS & MARJORIE OLSON. 4801 ISLAND VIEW DRIVE, LOT I & E_ ~' OF 2, BLOCK 13, DEVON, PID 825-117-2411 0122. VARIANCE FOR DECK~ Building Official, Jon Sutherland, reviewed the staff report. The applicant is seeking variances in order to reconstruct an existing nonconforming deck on the property. The deck is nonconforming to the 50 foot lakeshore setback by approximately 10 feet and also to the rear yard setback by approximately 9 feet. The existing dwelling is nonconforming to the 20 foot front yard setback by 19.85 feet. This site grossly exceeds the maximum hardcover due to the minim, al lot size of 4,300 square feet +/-. The additional green space on the right-of-way, the commons, and the commons access to the east lessens the impact of this excessive hardcover. A minimally sized deck is a reasonable use of this riparian property. The deck is existing and this is the only logical location for replacement. The lot corners and the City utility easement are not clearly located on the survey. Staff recommended the Planning Commission recommend approval of a maximum 10 foot wide deck with the condition that an updated survey be submitted that verifies the conditions as submitted and includes the location of the City easement on the lakeside for utilities. Weiland commented that the survey is a good idea, and it will verify any encroachments onto the easement. The Building Official confirmed that the setback noted to the shoreline is approximate, and it needs to be confirmed. Mueller does not think it should be the applicant's responsibility to locate the easement; it is a city easement on public property. Hanus stated that he understood the recommendation to mean that the applicant only needs to verify the easement is not on his property. MOTION made by Weiland; seconded by Hanus to recommend approval of the variance as recommended by staff, with the exception that a 12 foot deck be allowed to be constructed as long as the deck does not encroach over the property line. Hanus questioned if a 10 foot deck is not a functional size, and suggested that because of the location of the doors entering onto the deck, this could be a hardship to allow the 12 foot deck. Mueller stated that he feels the City should assist in locating the easement. Sutherland commented that both the City Engineer, John Cameron, and Public Works Superintendent, Greg Skinner, recommended that the easement be located by the applicant. Jensen feels a 10 foot deck is functional and it would also improve the setback to the lake. Michael emphasized that the existing 12 foot deck has been there for a very long time. MOTION carried 3 to 2. Those in favor were: Weiland, Hanus, and Michael. Mueller and Jensen opposed. This case' will be heard by the City Council on June 28, 1994. CITY of MOUND STAFF REPORT 534! MAYWOOD ~OAD MOUND. MINNESOTA 55354 ,612) 472~0600 FAX ~612) 472-0620 DATE: TO: FROM: SUBJECT: APPLICANT: CASE NO. Planning Commission Agenda of June 13, 1994 Planning Commission, Applicant and Staff Jon Sutherland, Building Official -]C-'f~'2 , Variance Request for a Deck Curtis & Marjorie Olson 94-33 LOCATION: 4801 Island View Drive, Lot 1 & E. 3' of 2, Block 13, Devon, PID #25-117-24 11 0122 ZONING: R-lA Single Family Residential The applicant is seeking variances in order to reconstruct an existing nonconforming deck on the property. The deck is nonconforming to the 50 foot lakeshore setback by approximately 10 feet and also to the rear yard setback by approximately 9 feet. The existing dwelling is nonconforming to the 20 foot front yard setback by 19.85 feet. This site grossly exceeds the maximum hardcover due to the minimal lot size of 4,300 square feet +/-. The additional green space on the right-of-way, the commons, and the commons access to the east lessens the impact of this excessive hardcover. A minimally sized deck is a reasonable use of this riparian property. The deck is existing and this is the only logical location for replacement. The lot corners and the City utility easement are not clearly located on the survey. STAFF RECOMMENDATION Staff recommends the Planning Commission recommend approval of a maximum 10 foot wide deck with the condition that an updated survey be submitted that verifies the conditions as submitted and includes the location of the City easement on the lakeside for utilities. JS:pj This case will be reviewed by the City Council on June 28, 1994. The abutting neighbors have been notified of this request. II Planning Commission Date: City Council Date: VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 Application Fee:_.~$_.O_~ City Planner .~o Public Works City Engineer ~ DNR Other Please type or print the foflowing information: Address of Subject Property ~:~ ~/-~,~d'") Lot I Addition Block /-~ PID No. ,~7 ,C'--- // 7-- ~ ~ // ~g District /~'//9~ Owner's Name ~. Z/Cf?_'; Use of Property: Day Phone/j I Owner's Address Applicant's Name (if other than owner) Address Day Phone 1. Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure ftr this property? ( ) yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. 2. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): Variance Application (11/93) Page 2 Case No. ~__~_.~~.~ Do the existing structures comply with all area, height, bulk, and setback regulations for the zoninf district in which it is located? Yes (), No ~. If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: required requested VARIANCE (or existing) Front Yard: (~S E W_ ) R ,o ft. - f-fi-' ft. /'Z ff~'-' ft. Side Yard: ( N S E~)) ,, ~; ft. ~, ~ fl. ~, ~ fl. Side Y~d: ( N S E W ) fl. fl. R~ Y~d: ( ~E W ) ~ide: ( · (NSEW) Strut Frontage: ~t Si~: H~d~ver: 4; OVsq ft ft Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes ~, No (). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow )too small too shallow ( ) topography ( ) drainage ( ) shape soil existing situation other: specify Please describe: I1 Variance Application (11/93) Page 3 Case No.~ e Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No ~'). ff yes, explain: e Was the hardship created by any other man-made change, such as the relocation of a road? No (~. If yes, explain: yes (), Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (), No ~. If no, list some other properties which are similarly affected? 9. Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature Appliea~Signature Date,5~-/~a ~ cf t~. . Date CITY OF MOUND HARDCOVER CALCULATIONS NAME: EXISTING LOT AREA 4 %00 "f-/-- SQ FT X 30% EXISTING LOT AREA SQ FT X 15% HOUSE: GARAGE: DRIVEWAY: LENGTH WIDTH TOTAL HOUSE ******************* _~"7, ~ x ?-'~.-7 = ~'-7 / X = TOTAL GARAGE ****************** _~ x 2~ = )~0 X = TOTAL DRIVEWAY ***************** ~,~c~:_ /~ x ,-2~ = ~~ (if impervious X ~' ' = surface under deck = 100%) TOTALDECK ************* ? TOTAL DECK @ 50%*************** OTHER: TOTAL OTHER ******************* TOTAL PROPOSED HARDCOVER * * * * * * * * * * * * ·...... i~/!.~...~ UNDER **''..*,,,,,.,,......,....... YES NO '"] ' BY: ~ DATE: THE JOHN J. RYAN CO. ICALE: I INCH -:22~ FEET iG0~,i[LBYAVE~IUE, IT. PAU~-B~$O4 PLAT OF SURVEY TE:L. rpHON E:, 646.6~B~1 CERTIFICATE OF LOCATION OF Bf, HL,DI24G I hereby certify that on this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of ~Minnesota. CERTIFICATE OF 8t.rgVEY I hereby certify that on 19 , this survey, plan. or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. JOHN J. RYAN, REGISTERED SURVEYOR. NO. 4489 PAUL. J. CRANE REGISTERED SURVEYOR. No ON LAKE MINNETONKA INDIAN BURIAl- MOUND~I 534]. MAYWOOO ROAD TELEPHONE MOUND, MINNESOTA 55364 J~e 15, 1977 (612) 472-1155 Mr. Clayton Shatney 4801 Island View Drive Mound, Nih. 55364 1V.r.' Shatney: Enclosed is a copy of your blueprint. As per our telephone conversation, you may find that by enlarging the entire level above the exis, tlng garage to the existing perimeter (walls) and incorpor- ating the use of trusses, you could defuse some of the bad bearing the print now would require. Also, you could achieve a choice of ceLlin§ aesthetics by'the use of either a common truss, or which would give you a flat ceiling or a scissor truss, which would give you a vault or cathedral type ceiling. In either choice ! would recommend no less than a 4-12 pitch of either type truss used. We then could use regular type shingle roofing; maintain necessary ventilation area and also provide adequate area for required insulation at a moderate cost. Clay, in staying with common construction procedures such as this, the in- itial investment is somewhat lower and the maintenance and upkeep is consider- ably less costly. Although it is possible to construct your proposed addition as drawn it does propose some hidden problems of ,initial construction and maintenance. How- ever, as you prefer, I shall try to best advise in whatever procedure and/or technique you choose. Enclosed is a'copy of a Certificate of Survey that was made in 1971, of which shows the location of the structure on the lot as well as the square foot area of your lot. ! know we ta/ked about an addition that has been made to your lot and I would advise that prior to, for the City Plannbtg Commission's benefit, Mr. Clayton Shatney 4801 Island View Drive Mound, Mn. Page 2 that you document this addition to your property. Please note #1 on survey copy is as follows: Lot size as shown is 4, 000 square feet, zoning requirements of square footage for the area is 6,000 square feet. You have a lot size deficiency of 2,000 sq. ft. Any documentation of addition would be beneficial at this point. You have an existing non-conforming use, as your structure does not meet the side yard requirements at #2 of six (6) feet. No. 3, you~ structure does not meet the rear yard setback of fifteen (15) feet as by zoning the lot llne abut- ting public commons is considered to be a rear yard. "x" at the NCU, describe by noting survey and install as a reason for request. Elaborate on the need of the home expansion to be necessary for _family use. Fill out the enclosed application and return with one copy of your survey prior to twelve (12) noon Thursday the 23rd of June for placement on the agenda for ' the Planning Commission Meeting here at City Hall at 7:30 p.m. June 30, 1977. Your presence and/or your contractor or agent is required. If you have any further questions feel free to call at your convenience. Re sp e ctfully, HT/dd enc: 2 Henry Truelsen City Inspector PLAT OF SURVEY TELE"PHON w, $44.~181 CERTIFICATE OF LOCATION OF BUILDING ! hereby certify that on ' 19 this ;u~,ey, plan, or report wa~ prepared hy me or undpr roy direct supervision and that I am a duly Registered I.~,d Surveyor under the taws of the 5tare uf Minnesota. I he.by certify that on 19 - this su~ey, plan. or report w~s prepaid by me o~ under my direr su~r,;ision and that [ am a duly Registered ~nd Surveyor under the laws or the S~te of Minnesota, 77 -297 7-12-77 RESOLUTION NO. 77 - 297 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO ALLOW THE NON- ~CXJNFORMING USE WHEREAS, owners of property described as Lot 1 and part of Lot 2, Block 13, Devon has requested a variance for non.-conforrn- - ing use in the building of a~sed0i~d 'story addition, and WHEREAS, adjacent area has two story homes and this will not con- flict with surrounding homes NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MOUND, MINNESOTA: That the Council concurs with the Planning Commission recommendation and does hereby authorize the issuing of a Non-Conforming Use Permit for the erection of a second story addition to the home on property described ab ore. Adopted by Council this lZth day of July, 1977. I ,I i I, I 69-206 10-7-69 RESOLUTION NO. 69-206 RESOLUTION GRA~TING GARAGE VARIANCE (Lot l, Block 13, Devon) k~."~$, the owner of Lot l, Block i~, Devon has requested variance in setback requirements for the construction of a two-car garage in same location as pr. esent single car garage, and hrHF_~F~.$, the Platting Commission has reco~,mended that a waiver be granted ~o place a two-car garage in the szme location as present single car garage as outlined wi~h plat plan showing location of garage in relation to stree~ as opened, .NOW, THEREFORE, BE IT RESOLVED BY THE ¥ILt~GE COUNCIL OF MOUND, MOUND, ' .ZNNESOTA: That the setback requirements for construction of two-car garage on Lo~ l, Block 13, Devon be granted.. Adopted by the Council ~his 7th day of October, 1969. I ,11 I ,I i, ,,e. · GENEIb%I-, ZONING INFORMATION SIIEET ADDRESS: ~ : t~T AR~A: LOT AREA: b 0.rd ~, ........ :..,:~ .................... ...4~J ....... .~ ............... ' - , ,.,.,~,0uo ,,0.,.,.,.~.u~ __, o., ,,,.,,..×.,o o,. o, .u_,,-~--', ~ o,,,-, ,..X, ,,o_, Existing Lot Width , Depth BETBI~CK8 REQUIRED: SIDE~ N S ~ HO z ~mea~ured from O.H.W.~ EXISTIN~ ~/OR PROPOSED SETBACKS= PRINCIPAL BUILDING FRONT ~ S E W ~ _ c o o t.AKZSHORE: zs T~ CONFO~ZaG? FRONT: N S E W FRONT: N S E W SIOE: N $ E W SLOE: N S E W REAR: N S E W LAKESHORE: I FRONT t N S E W FRONT: N S E W SIDE; N S E W 4' or 4' ___~Q~ Imeatured from O.H.W.I ACCESSORY ':'AT%.,b~LW--:4:- I '"1 ...... 7_ 2 4 C, C.- PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A VARIANCE TO ALLOW CONSTRUCTION OF A CONFORMING DETACHED GARAGE AT 2901 MEADOW LANE, LOT I & 9, BLOCK 5, MINNESOTA BAPTIST SUMMER ASSEMBLY, PID #23-117-24 42 0104, P&Z CASE #94-34 WHEREAS, the owner, Dustin Frantsen, has applied for a variance to recognize existing nonconforming setbacks and lot frontage in order to construct a detached garage that is conforming to setbacks and impervious surface requirements, and; WHEREAS, this property is located in the R-2 zone which requires a minimum lot area of 6,000 square feet, lot frontage of 40 feet, a 20 foot front yard setback to Meadow Lane, a 10 foot front yard setback to the unimproved Glenwood Drive, a 6 foot side yard, and a 15 foot rear yard setback, and; WHEREAS, the existing dwelling is nonconforming by 7.5 feet to the required 10 foot setback to Glenwood Road, and lot frontage is nonconforming by 1.4 feet, and; WHEREAS, the parcel is an odd shaped corner lot further complicated by the unimproved Glenwood Road. A Construction on Public Lands Permit, as required by City Code Section 320 will need to be issued as part of this request for the proposed driveway, and; WHEREAS, the applicant originally applied for a street vacation of Glenwood Road, however, due to the City utilities located in the right-of-way and the adjacent undeveloped Lots 13 - 17, staff suggested to the applicant that a vacation would receive a negative recommendation from staff, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a variance to recognize the existing nonconforming front yard setback to Glenwood Road of 2.9', and nonconforming street frontage of 38.4' to allow construction of a conforming 26' x 30' detached garage, subject to the following: Liability concerns need to be addressed, possibly through a hold harmless agreement prepared by the City Attorney. Proposed Resolution Case//94-34 Page 2 b. The City shall not be responsible for reimbursement for any improvements made by the applicant to the right-of-way, in any case. c. In the event the right-of-way is disturbed at any time by the City, the City will not be responsible for restoration, other than that as approved by the Public Works Superintendent. d. If an when an additional building site is created on the north side of Glenwood Road, the street should be improved to City standards and the cost assessed to the abutting, benefited properties, which would include this parcel. The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of a 26' x 30' detached garage. 4. This variance is granted for the following legally described property: Lots 1 and 9, Block 5, Minnesota Baptist Summer Assembly. THis variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION JUNE 13, 1994 ~ D STIN FRANT EN 2901 MEAD W LANE LOT I & BL K 5 MINNES TA BAPTIST S MMER ASSEMBLY PID #23-117-24 42 0104. VARIANCE FOR Building Official, Jon Sutherland, reviewed the staff report. This property is located in the R-2 zone which requires a minimum lot area of 6,000 square feet, lot frontage of 40 feet, a 20 foot front yard setback to Meadow Lane, a 10 foot front yard setback to the unimproved Glenwood Drive, a 6 foot side yard, and a 15 foot rear yard setback. The existing dwelling is nonconforming by 7.5 feet to the required 10 foot setback to Glenwood Road, and lot frontage is nonconforming by 1.4 feet. The applicant is seeking a building permit for a garage that is conforming to setbacks and impervious surface requirements. The parcel is an odd shaped corner lot further complicated by the unimproved Glenwood Road. A Construction on Public Lands Permit, as required by City Code Section 320, will need to be issued as part of this request for the proposed driveway. The original application was for a street vacation, however, due to the City utilities located in the right-of-way and the adjacent undeveloped Lots 13 - 17, staff suggested to the applicant that a vacation would receive a negative recommendation from staff. This variance request was another option available in seeking approval to construct a garage. The logical, and preferred solution, is to have Glenwood Road improved to City standards, however, this results in a considerable cost to the abutting properties and is not feasible to the applicant at this time. Staff Recommended the Planning Commission recommend approval of the variance to allow construction of a 26' x 30' detached garage, subject to the following: 1. Liability concerns need to be addressed, possibly through a hold harmless agreement prepared by the City Attorney. The City shall not be responsible for reimbursement for any improvements made by the applicant to the right-of-way, in any case. In 'the event the right-of-way is disturbed at any time by the City, the City will not be responsible for restoration, other than that as approved by the Public Works Superintendent. The recommendation of the City Engineer as listed in his memorandum dated June 8, 1994. Mueller noted that the hardcover calculations did not include the driveway, however, it appears that the hardcover will still be conforming including the driveway. Mueller expressed a concern about possible future deck construction, and that with the hardcover maxed out, it would not be conforming. MOTION made by Hanus, seconded by Mueller, to recommend approval of the variance as recommended by staff. Motion carried unanimously. This case will be heard by the City Council on June 28, 1994. jJ ,J Il I, J, ,,~ CITY of MOUND STAFF REPORT 534" MAVWOOD ROAD MOUND, MIN'IE$OTA 5536~-!,587 6!2 FAX ~6'2 472 0620 DATE: TO: FROM: SUBJECT: Planning Commission Agenda of June 13, 1994 Planning Commission, Applicant and Staff Jon Sutherland, Building Official Variance Request for Detached Garage APPLICANT: Dustin Frantsen CASE NO. LOCATION: 94-34 2901 Meadow Lane, Lot 1 & 9, Block 5, Minnesota Baptist Summer Assembly, PID #23-117-2442 0104 ZONING: R-2 Single Family Residential BACKGROUND_ This property is located in the R-2 zone which requires a minimum lot area of 6,000 square feet, lot frontage of 40 feet, a 20 foot front yard setback to Meadow Lane, a 10 foot front yard setback to the unimproved Glenwood Drive, a 6 foot side yard, and a 15 foot rear yard setback. The existing dwelling is nonconforming by 7.5 feet to the required 10 foot setback to Glenwood Road, and lot frontage is nonconforming by 1.4 feet. The applicant is seeking a building permit for a garage that is conforming to setbacks and impervious surface requirements. The parcel is an odd shaped corner lot further complicated by the unimproved Glenwood Road. A Construction on Public Lands Permit, as required by City Code Section 320, will need to be issued as part of this request for the proposed driveway. The original application was for a street vacation, however, due to the City utilities located in the right-of-way and the adjacent undeveloped Lots 13 - 17, staff suggested to the applicant that a vacation would receive a negative recommendation from staff. This variance request was another option available in seeking approval to construct a garage. The logical, and preferred solution, is to have Glenwood Road improved to City standards, however, this results in a considerable cost to the abutting properties and is not feasible to the applicant at this time. Staff Report Frantsen, 2901 Meadow Lane Page 2 STAFF RECOMMENDATION Staff Recommends the Planning Commission recommend approval of the variance to allow construction of a 26' x 30' detached garage, subject to the following: Liability concerns need to be addressed, possibly through a hold harmless agreement prepared by the City Attorney. e The City shall not be responsible for reimbursement for any improvements made by the applicant to the right-of-way, in any case. In the event the right-of-way is disturbed at any time by the City, the City will not be responsible for restoration, other than that as approved by the Public Works Superintendent. .. The recommendation of the City Engineer as listed in his memorandum dated June 8, 1994. JS:pj This case will be reviewed by the City Council on June 28, 1994. The abutting neighbors have been noti)~ed of this request. Roos Associates, Inc. Telephone 612/47~-6010 612/476-8.532 FAX Engln~rs. Planners Surveyors TO: FROM: DATE: SUBJECT: Joe Sutherland - Planning John Cameron - City Engineer June 8, 1994 Variance Request - Case #94-$4 MFRA #848? uested a building permit for a detached garage The applicant has req ........... A ~ad. This will require a 120 facing the u~improved portion constructed and mainteine~ on the City right- foot long drzvew~to b~ _ v c de requzres a special permit construction on or alteration of public Lan nwood Road has a long ~istory dating back to This portio~ of Gle ere ~m roved with curb.an9 ~on .~,~ ~ o her streets in this a~ea w -,~--~ ~- the ro ec~ ---~ - ..... _ m~ -~ .... ~__ · i oo=cion was o.~.~.--o~, fL? it was unu,-d th, 1 with aocess at !rouh 1~. Block 4, were combined intu u..~ Z"- 'iCl ..... - number of he c~r~e of Glenwood Road and Meadow Lane. over =ne y~=~ - sites. people have proposed subdividing these lots into 2 or ~ building One formal application was made in 1987 by Mrs. Maas, the original owner when the other street improvements were made in the area. five lots were purchased and a home constructed on Since then, ~he .. . -=~- --~ leaves the possibility the easterly portio~ ~ P - - ~-~ te another buildable site. that the parcel couz~ ce sub)ivid?~_~y_-Zia., improved street or have This site howev~ ~uld n.o~_ _~...~ a{tv watermain is also City water available. ~"= ~ ...... 'Lane. There is an ex~st~ng intersection of Glenwood Road and Meadow sewer service on Lot 16. RECOMMENDATIONS I would not have any objection to allowing this private driveway in if that is the only option and it is acceptable with Public WOr~S. , ~-= on the north side that the street ~.~ building sics is nd the COSt assessed to abutting, to City standards ~ ..... = ...... ~ ~ ed bv the applicant ~ ~., ,_w own properties, which woul~ lnc£u~e =n for this variance, An Equal Oppo~unlty Employer !i ¢,1L,~IUWO0 E Land Sup;eyc;~ FRANK R. CARDARELLE Eden PraJde, MN 55344 (612) 941-3031 ~ . Certificate of Survey Survey For Dustin Frantsen Book ~4~ Page_'~ 5' File 2901 Meac~ow Lane Mound, ~n.. Scale: 1" = 0 Denotes 30' Iron Mon. Found ~.UN 6 ~ ,, 94. - //-/ x--'-~' '. '~.--"F"_;-. ,_,' :-~"~--'-- ~--~w~ 12 th ..,~ March - W___/ N F'rank R Cardare',,. State Reg. No. 650:: VARIANCE APPL!CATiOI~ CITY OF MOUND $341 Maywood Road, Mound, MN $$364 Phone: 472-0600, Fax: 472-0620 Planning Commission Date: City Council Date: City Planner Public Works City Engineer DNR Other Application Fee:_ $50.00 Address of Subject Property_. Addition '~- ~g Dis~ct~ U~ of ~o~: Owner's Address~ Z.~ Applicant's Name (if other than owner) '-- my mone x3,3 Address Day Phone 1. Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure f6r this property.'? ( ) yes, {)(no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. 2. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): Ill Varianc~ Application (11/93) l~e 2 Case No. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (), No (~. If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: required requested VARIANCE (or existina) Front Yard: ( N s~W ) Side Yard: ((~ W ) Side Yard: ( N S E W ) Rear Yard: ( N S E W ) Lakeside: ( N S E W ) : (NSEW) Street Frontage: Lot Size: Hardcover: ft.P,,..q ft. 7. Ift. __ ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. sqft sqft sqft Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes ~0,., No (). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ~X~ too narrow too small too shallow ( ) topography ( ) drainage ~,..shape ( )soil ~ existing situation ~.other: specify Vnrinnce Application (11/9:3) Pa~e 3 Was the hardship described above created by the action of anyone having property interests in the lan~' after the zoning ordinance was adopted (1982)? Yes (), No ~/,}. If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No ~. ff yes, explain: e Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes ~,, No (). ff no, list some other properties which are similarly affected? Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Applicant's Signature Date Date CITY OF MOUND HARDCOVER CALCULATIONS EXISTING LOT AREA EXISTING LOT AREA ~' ~ lr ~/' SQ FT X 30% = SQ FT X 15% = HOUSE: GARAGE: DI~'IVEWAY: DECK: (if impervious surface under deck = 100%) OTHER: LENGTH WIDTH TOTAL HOUSE * X TOTAL GARAGE X TOTAL DRIVEWAY X X TOTAL DECK * * * TOTAL DECK @ 50% X X TOTAL OTHER * * TOTAL PROPOSEDHARDCOVER ******************* UNDER (OVER) ***************************** MEETS LOT COVERAGE REQUIREMENTS * * * * * * * * * * * * * * BY: I I DATE: YES NO Councilmember Fenstad moved the following resolution, October 10; 1~78' RESOLUTION NO. 78-h72 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO GRANT THE SIDE YARD VARIANCE AS REQUESTED WHEREAS, owners of property described as Lot 1, Block 5, Minnesota Baptist Summer Assembly have requested a side yard variance for a non- conforming use as lot is zoned Residential B, 6,000 sq. ft. and lot is undersized,and WHEREAS, a sideyard variance of 3.6 feet is needed and owner wlshed to to add an "L" shap&d deck. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, HOUND, MINNESOTA: That Council concurs with the recommendation of the Planning Commission to waive the lot size and side yard setback defic- Iencies and grant a permit to construct an "L" shaped deck with the stipulation that deck never be enclosed. Said side yard variance of 3.6 feet granZed. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Swenson, and upon vote being taken thereon, the followlng vot%d in favor thereof: Fenstad, Lovaasen, Polston, Swenson and Withhart, the followlng voted against the same; none, whereupon said resolution was declared passed and adopted, signed by the. Mayor and his signature'attested by the City Clerk. est:~' City Clerk' Mayor s/Tim Lovaasen Required ~ W~:~ ~ ~ (frontag~ on ~n improved public street) Existing ~t Width ~ ~ , Depth FRONT:~ FRON?:/#) SIDE~ REAR: L,A~SHORE: "~ICC£S$OR¥ BUILDING SIDE: N S E W ,,4' 9~ ~' R~AR: N S ~ LAK£SHORE: ~0' Jmeasured from PRINCIPAL BUILDING FRONT::~ FRONT ~.~ S ge W I SIDB= N S E W ~OPERTY CONFO~I NG, YES .o ~ (~, ~'~ _ ,, ;,, , .~ ~ · : : .. · . ~ · .,.~ '~' ~.-I ~~~-~~ .' . .' ". 4"'. (4) (5) ' ~ '".'1 "' ,,CC"SSOR, BUII. DI,",. FRONT: N S ge W SIDE: N S ge w ~q SIDE: N ~ W LAKESHORge I (~05) $ PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE EXISTING NONCONFORMING SETBACKS TO ALLOW CONSTRUCTION OF A CONFORMING ADDITION AT 5135 DRUMMOND ROAD, LOTS 9 & 10, BLOCK 14, WHIPPLE, PID #25-117-24 12 0114 P&Z CASE #94-35 WHEREAS, the owners, Louis, Sharron and Timothy Szabo, have applied for a variance to add a bedroom, enclose an exterior stairway to the basement, and install a driveway to the existing garage in the rear yard. The following variances were requested: House - Front (N) House - Side (W) Garage - Side (W) Shed - Rear (S) Hardcover Existinq/Proposed ReQuired Variance 13.4' 20' 6.6' 2.6' 6' 3.4' 3.9' 4' .1' 3' 4' 1' 1933 sf +/- 1920 sf 13 sf +/- WHEREAS, this property is located in the R-1A zone which lot area of 6,000 square feet, a 20 foot front yard setback, 6 foot and a 15 foot rear yard setback. requires a minimum side yard setbacks, WHEREAS, all structures on the property are nonconforming. The foundations of all buildings are in good condition, otherwise they all need maintenance. The existing dwelling, other than the foundation, is in very poor condition. The applicant intends to resolve some of these problems as part of this proposal. WHEREAS, the garage had previously been used as a workshop and general storage, and not to park vehicles. There is currently no driveway other than the slab used as a parking area. The proposed driveway dissects the parcel and creates additional hardcover, and; WHEREAS, the applicant has made an effort to amend his original application in order to alleviate some of the variances, and subsequently, deleted the need for a hardcover variance, and a setback variance for the shed, and; WHEREAS, the proposal, as amended, represents an improvement to the nonconforming status of the property, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: Il ,i II i ti: ,1~ I t Proposed Resolution Case//94-35 Page 2 The City does hereby grant a variance recognizing the following nonconforming situations to allow construction of a conforming addition: House - Front (N) House - Side (W) Ga. rage- Side (W) Existin_~/ProDosed ~ Variance 13.4' 20' 6.6' 2.6' 6' 3.4' 3.9' 4' .1' This variance is approved subject to the following conditions: The garage shall be relocated on the property to allow for a 6 foot separation from the principal dwelling, or to allow for a 5 foot separation with the construction of the required firewall. The garage may maintain the 3.9 foot side yard setback, if necessary. The shed shall be removed to improve hardcover and eliminate the nonconforming setback, prior to building permit issuance. The proposed bedroom addition shall conform to the required 20 foot front yard setback. The proposed enclosure for the stairway shall meet the 6 foot side yard setback requirement, unless a minimal side yard encroachment is needed to allow for the required 3 foot landing at the top of the stairway. The City Council authorizes the alterations set forth below, pursuant to Section 3~)0:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of a 4' x 14' stairway enclosure addition, and a 10' x 14' one story bedroom addition. This variance is granted for the following legally described property: Lots 9 and 10, Block 14, Whipple. Proposed Resolution Case #94-35 Page 3 J This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION JUNE 13, 1994 ~ LOUIS, SHARRON, & TIMOTHY SZABO, 5135 DRUMMOND ROAD~ LOTS 9 & 10, BLOCK 14, WHIPPLE, PID #25-117-2412 0114. VARIANCE FOR ADDITION. Building Official, Jon Sutherland, reviewed the staff report. This property is located in the R- lA zone which requires a minimum lot area of 6,000 square feet, a 20 foot front yard setback, 6 foot side yard setbacks, and a 15 foot rear yard setback. The applicant is seeking variances as listed below in order to add a bedroom, enclose an exterior stairway to the basement, and install a driveway to the existing garage in the rear yard. All structures on the property are nonconforming. The foundations of all buildings are in good condition, otherwise they all need maintenance. The existing dwelling, other than the foundation, is in very poor condition. The applicant intends to resolve some of these problems as part of this proposal. Re(]uired Variance~ 1. The existing dwelling requires recognition of a 6.6 foot front yard variance and a 3.4 foot west side yard variance. 2. The existing garage requires a 0.1 foot west side yard variance. The existing shed requires a 1.0 foot side and rear yard variance. 3. The proposed bedroom is nonconforming to the required 20 foot front yard setback by 2.8 feet. The proposed enclosure for the stairway is nonconforming to the west side yard setback by 2 feet. The proposed driveway creates an impervious surface variance of 124 square feet (including the existing shed). This property is a hodgepodge of buildings that results in a poor layout on the property. An alternative is demolition and reconstruction of conforming structures and a more suitable layout for the site. The former owner used the property in a non traditional manner. The garage had been used as a workshop and general storage, and not to park vehicles. There is currently no driveway other than the slab used as a parking area. The proposed driveway dissects the parcel and creates the excess hardcover. The applicant's proposal does not encroach a great deal more than the existing conditions, with the exception of 124 square feet more of hardcover, however, it does not improve any of the nonconformities and extends them. The enclosure over the stairway encroaches into the normal 6 foot building code separation of structures of this type. Staff recommended the Planning Commission recommend denial of the request as it is inconsistent with the spirit and intent of the zoning ordinance and this proposal increases the intensity and extends the nonconforming use of the property. An alternative to a recommendation of denial is to table the request to give the applicant the opportunity to evaluate other possibilities for development of the site that will be consistent with the zoning ordinance and improve the nonconforming status. Planning Commission Minutes June 13, 1994 Applicant's Louis and Tim Szabo, informed the Commission that they would like to address each variance situation as outlined in staff's report, and explained that they have made some modifications to their plan. They confirmed that the shed has a concrete floor. The existing dwelling requires recognition of a 6.6 foot front yard variance and a 3.4 foot west side yard variance. The applicant cannot change this item. The existing garage requires a 0.1 foot west side yard variance. The existing shed requires a 1.0 foot side and rear yard variance. Staff also noted that in order to qualify the garage as an accessory building and be permitted to have a 4 foot side yard setback, it must be setback 5 feet from the principal dwelling, and the Building Code requires a 6 foot separation unless there is fire wall construction. They are willing to move existing detached garage to the south, away from the house, to allow for a 6 foot separation. Will remove the shed which will also improve hardcovar. The proposed bedroom is nonconforming to the required 20 foot front yard setback by 2.8 feet. The addition can be moved back to meet the 20 foot setback requirement. The proposed enclosure for the stairway is nonconforming to the west side yard setback by 2 feet. The stairway addition can be moved over to meet the 6 foot side yard setback requirement. The proposed driveway creates an impervious surface variance of 124 square feet (including the existing shed). The 10.2' x 11' shed will be removed, resultingin a very minor hardcover variance. The Building Official supported the proposed changes, and stated that it is reasonable to allow a minimal side yard encroachment for the stairway enclosure as a minimum 3 foot landing at the top must be provided. MOTION made by Weiland, seconded by Hanus, to recommend approval of the variance according to the proposed plan amendments as noted by the applicant. Motion carried unanimously. This case will be heard by the City Council on June 28, 1994. 8 LU U I,'..'5 ,..'5/_. ^ 15(J OF LOTS 9, AND 10, BLOCK 14, WHIPPLE HENNEPIN COUNTY, MINNESOTA Drummond N 88°57'E 80.00 ._~, - ~ I · ' ~ I ~ :~..~. ,o., ~ I ,,~/////////i] i ~ ~i ~. x~' ..... , I,~'///////////1 "' -/~," i~"'P'",~ ";;'-: , I ...." "~ I [ ~" --..,J--,_L......--'~ ~1 ~ '7xist/n.,o , ] ~m~Ve 'r,, · ; ' fl... ~1.?.~ . ,,.,. °~ ~'x;s t. 80.00 . .. ~ o~' .; 8 _LEGA_____L_L DESCRIPTION OF PREMISES SURVEYED. LoLs 9, and lO, Block 14, HHIPPLE. o- denotes iron marker Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, and the location of an existing house, garage, and shed thereon. It does not purporL to show any other improvements or encroachmenLs. () CERTIFICATE OF SURVEY FOR LOUIS SZABO OF LOTS 9, AND 10, BLOCK 14, WHIPPLE HENNEPIN COUNTY, MINNESOTA Drummond [ oad ":i' I :::'" LEGAL DESCRIPTION OF PREMISES SURVEYED: Lots 9, and 10, Block 14, WHIPPLE. o: denotes iron marker Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, and the location of an existing house, garage, and shed thereon. It does not purport to show any other improvements or encroachments. JUN 2 2 ~ ~neer and Land Sun'eyor under 5'3-94 20' CITY OF MOUND HARDCOVER CALCULATIONS EXISTING LOT AREA EXISTING LOT AREA g ~LO ~ SQ FT X 30% --- l~!:~i/~ c~4:~ ] SQ FT X 15% -- HOUSE: GARAGE: LENGTH WIDTH /,,~ % '1 ! ,/ x .. /g' /_/ /o, x /~ TOTAL HOUSE * * * * * * TOTAL GARAGE ****************** DRIVEWAY: ~1~. ~ F ' x ~6-' = ~ ~,~ TOTAL DRIVEWAY ***************** DECK: X = (if impervious X = surface under deck = 100~) .TOTALDECK ******** TOTAL DECK @ 50%*************** OTHER: TOTAL OTHER ******************* TOTAL PROPOSEDHARDCOVER ******************* UNDER (OVER) ***************************** MEETS LOT COVERAGE REQUIREMENTS * * * * * * * * * * * * · · J~YES__NO CITY of X,IOUND STAFF REPORT 534- MAYWOOD ROAD L~OUN-.Z '3FINESOTA 5536-:- 6~2) 472 0693 FAX f6!2) 472-0620 DATE: Planning Commission Agenda of June 13, 1994 TO: FROM: Planning Commission, Applicant and Staff .... Jon Sutherland, Building Official SUBJECT: Variance Request for Addition APPLICANT: Louis, Sharon, and Timothy Szabo CASE NO. LOCATION: 94-35 5135 Drummond Road, Lots 9 & 10, Block 14, Whipple, PID #251-117-2412 0114 ZONING: R-la Single Family Residential BACKGROUND This property is located in the R-la zone which requires a minimum lot area of 6,000 square feet, a 20 foot front yard setback, 6 foot side yard setbacks, and a 15 foot rear yard setback. The applicant is seeking variances as listed below in order to add a bedroom, enclose an exterior stairway to the basement, and install a driveway to the existing garage in the rear yard. All structures on the property are nonconforming. The foundations of all buildings are in good condition, otherwise they all need maintenance. The existing dwelling, other than the foundation, is in very poor condition. The applicant intends to resolve some of these problems as part of this proposal. Required Variances The existing dwelling requires recognition of a 6.6 foot front yard variance and a 3.4 foot west side yard variance. The existing garage requires a 0.,1 foot west side yard variance. The existing shed requires a 1.0 foot side and rear yard variance. The proposed bedroom is nonconforming to the required 20 foot front yard setback by 2.8 feet. Staff Report Szabo, 5135 Drummond Page 2 The proposed enclosure for the stairway is nonconforming to the west side yard setback by 2 feet. The proposed driveway creates an impervious surface variance of 124 square feet (including the existing shed). .COMMENTS This property is a hodgepodge of buildings that results in a poor layout on the property. An alternative is demolition and reconstruction of conforming structures and a more suitable layout for tl~e site. The former owner used the property in a non traditional manner. The garage had been used as a workshop and general storage, and not to park vehicles. There is currently no driveway other than the slab used as a parking area. The proposed driveway dissects the parcel and creates the excess hardcover. The applicant's proposal does not encroach a great deal more than the existing conditions, with the exception of 124 square feet more of hardcover, however, it does not improve any of the nonconformities and extends them. The enclosure over the stairway encroaches into the normal 6 foot building code separation of structures of this type. STAFF RECOMMENDATION Staff recommends the Planning Commission recommend denial of the request as it is inconsistent with the spirit and intent of the zoning ordinance and this proposal increases the intensity and extends the nonconforming use of the property. An alternative to a recommendation of denial is to table the request to give the applicant the opportunity'to evaluate other possibilities for development of the site that will be consistent with the zoning ordinance and improve the nonconforming status. JS:pj This case will be reviewed by the City Council on June 28, 1994. have been notified of this request. The abutting neighbors II ,i ! [] , it VARIANCE APPLICATION CITY OF MOUND $341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 C1'(¥ OF Planning Commission Date: City Council Date: City Planner _c3-'~o Public Works City Engineer ~ DNR Other Application Fee: $50.00 Case No.~ Please type or print the following information: Address of Subject Property / Lot-S' % tg/,/P /a Addition Vv' H t' t°/o L E Block ] q VtD Zoning nistrict ~- / h us~ of h-operty: ._c' ;,~,3 k 3'~ ~; / V ~ e,z, ) d ~ ~ ~c Owner's Address /7g 3oO/grh C77, TP,/-.,qKEv,'L LL~ l~/V' O~O'o'-/j-$707 Applicant's Name (if other than owner) Address Day Phone Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. 2. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): / I Variance Application (11/93) Page 2 Do the existing structures comply with all area, height, bulk, and setback regulations for the zoniw district in which it is located? Yes (), No (~. If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: required Front Yard: {(~)S E W ) ,~/) ~ ft. Side Yard: (lqS E W_) ft. Side Yard: ( N S E~0) ~ t ft. Rear Yard: ( N S E W ) ft. Lakeside: ( N S E W ) ft. : (NSEW) ft. Street Frontage: 0a~ ~ 'ft. Lot Size: gO' ~ ~'"'~' 4t'~9 ~'sq ft Hardcover: sq ft requested VARIANCE (or existing) / ~.~ _/$'q.. ' . g // ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes ('/9, No (). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) too small ( ) drainage ( ) too shallow ( ) shape ( )soil ( ) existing situation ( ) other: specify Please describe: Variance Applicafioa (11/93) Page 3 Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No (). If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No (). If yes, explain: Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (), No (). If no, list some other properties which are similarly affected? 9. Comments: I certify that aH of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature ~-~ Signature Applicant's Date ~ ~ /~ ¢ ~..~/ / ~ J~'~ t7Y ¥ / 4'.~5'- .Ye J I J ,I J, ,11, I II CITY OF MOUND HARDCOVER CALCULATIONS NAME: EXm~.G LOT AREA EXISTING LOT AREA SQ FT X 30% = SQ FT X 15% --- [ J~/~O I LENGTH WIDTH HOUSE: I~'~3" x /,F~/-'/ x TOTAL HOUSE "* * * * * X TOTAL GARAGE ****************** DRIVEWAY: (Or~¢'bC~ I0 ~ X TOTAL DRIVEWAY DECK: X (if impervious X surface under deck = 100~) TOTAL DECK ************* OTHER: TOTAL DECK @ 50%*************** / /o'~" x // = .. //,~ ~,.. TOTAL OTHER ******************* TOTAL PROPOSEDHARDCOVER ******************* UNDER (OVER) ***************************** MEETS LOT COVERAGE REQUIREMENTS * * * * * * * * * * * * * * I _ YES___NO It I II I [] , Ii, & i CITY OF MOUND HARDCOVER CALCULATIONS EXISTING LOT AREA EXISTING LOT AREA ~G~ SQFT X 30% = SQ FT X 15% = HOUSE: GARAGE: LENGTH WIDTH X = TOTAL GARAGE ****************** DRIVEWAY: C~WC~ETE /~ X ~ .z/ / GP/~ v~: l._ X N~~ = TOTAL DRIVEWAY ***************** DECK: X (if impervious X = surface under deck = 100%) TOTALDECK TOTAL DECK @ 50%*************** OTHER: TOTAL OTHER TOTAL PROPOSEDHARDCOVER ******************* I /~33 I UNDER (OVER) ***************************** MEETS LOT COVERAGE REQUIREMENTS * * * * * * * * * * * * * * [ 13 ] YES___NO HENNEPIN COUNTY, MINNESOTA Drurnrnond · ' ' N 88~'57' E 80.00 ;.! "ID ~xistin. e · Oo LEGAL DESCRIPTION OF PREMISES SURVEYED- Lots 9, and 10, Block 14, WHIPPLE. o: denotes iron marker Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, and the location of an existing house, garage, and shed thereon. It does not purport to show any other improvements or encroachments. CERTIFICATE OF SURVEY FOR LOUIS SZABO OF LOTS 9, AND 10, BLOCK 14, WHIPPLE HENNEPIN COUNTY, MINNESOTA Drummond · -- S 88057'w f.';.: ~EGAL DESCRIPTION OF PREMISES SURVEYED: Lots 9, and 10. Block 14, WHIPPLE. o: denotes iron marker Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, and the location of an existing house, garage, and shed thereon. It does not purport to show any other improvements or encroachments. i) ~ ADDRESS' Existing ~t Width SETBACKS FRON?: ~ FRONT BIDE: PEARs (frontage on an £mprovod public street) , Depth LAKESHOR~ s 50' Ime&gured from O~H,W.) E?ZSTIN~ AND/OR PROPOSED SETBACKS: PRINCIPAL BUILDING SIDE~ N S g W ~AR t N S g W .~ ~S HO~ t IS THIS~'R?¥~_[~Z.~w.__NFORRING? YES NO ?. ACCESSORY BUILDING FRONT* N S E W SIDE: N S ~ W 4' ~ SIDEr N S E W 4' ~ REAR: N B E W . 4' LJ~KESHO~: 50' :measured fro~ O.R.W?} ACCESSORY BUILDZN~ FRONT: N S E W SIDE~ N S · SIDE: N S REAR: N S g W ~ LAKESHORB: WIlL THE PROPOSED II4PRO~]~MF~flTS CONFORR? Y~ NO ~" s WINDSOR.'~ PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A VARIANCE TO 4994 BARTLETT BLVD., LOT 4, BLOCK 3, JOHN S. CARLSON ADDITION, PID #13-117-24 43 0040 P&Z CASE #94-36 WHEREAS, the owner, Thomas Hall, has applied for a variance to construct a conforming deck on the front of the home. This request involves the following existing nonconforming situations: Side Yard - House Front Yard - Shed Existing/ Proposed Required Variance 5.3' 6' .7' 15' 20' 5.0' WHEREAS, the subject property is located within the R-lA Single Family Residential Zoning District which according to City Code requires a lot area of 6,000 square feet, 20 foot front yard setbacks, and 6 foot side yard setbacks. This property is a through lot with frontage on both Bayport Road and Bartlett Blvd., and; WHEREAS, the proposed deck addition conforms to all setback requirements. WHEREAS, impervious surface on the lot is conforming with total hardcover at 23.3%. WHEREAS, due to topography it would be difficult to relocate the shed, and its current location does not impact sight distance along Bayport Road nor does it pose any other practical problem, and there is a 14 foot wide boulevard from the properly line to the curb of Bayport Road which reduces the impact of the shed, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a variance to recognize the existing nonconforming 5.3' side yard setback to the house, and 15' front yard setback to the shed, to allow construction of a conforming deck. The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. Proposed Resolution Case #94-36 Page 2 It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the prbperty to afford the owners reasonable use of their land: Construction of 14'8" x 31' +/- deck. This variance is granted for the following legally described property: Lot 4, Block 3, John S. Carlson Addition. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION JUNE 13, 1994 CASE #94-3~i THOMAS HALL, 4994 BARTLETT BLVD., LOT 4, BLOCK 3. JOHN S. CARLSON ADDITION, PID #13-117-2443 0040. VARIANCE FOR DECK. Building (~fficial, Jon Sutherland, reviewed the staff report prepared by the City Planner. The applicant is seeking approval (recognition) of variances to construct a conforming deck on the front of the home. The subject property is a through lot with frontage on both Bayport Road and Bartlett Blvd. The proposed deck addition conforms to all setback requirements. The existing home and a shed building are currently nonconforming due to setbacks. Total hardcover on the site is 23.3%. This case involves the following variances: Side Yard - House Front Yard - Shed Existin.q/ProDosed Required Variance 5.3' 6' .7' 15' 20' 5.0' The shed is 144 square feet. It may be possible to move the shed into a conforming position on the lot,, however, its current location does not impact sight distance along Bayport Road nor does it pose any other practical problem. Staff recommended that the Planning Commission recommend approval (recognition) of the variances related to the side yard setback of the existing house and the front yard setback for the existing shed in order to construct a conforming deck as shown on the applicant's site plan. Weiland questioned the applicant if he could move the shed. Mr. Hall informed the Commission that due to topography it would be difficult to relocate, however, it could be done. Jensen noted that there is a 14 foot wide boulevard from the properly line to the curb. The applicant stated that there are no visual problems with the shed location. MOTION made by Mueller, seconded by Weiland to recommend approval of the variance as recommended by staff. Motion carried unanimously. This case will be heard by the City Council on June 28, 1994. Hoisington Koegler Group Inc. PLANNING REPORT TO: FROM: DATE: Mound Planning Commission and Staff Mark Koegler, City Planner June 8, 1994 SUBJECT: Variance Request - Deck APPLICANT: Thomas E. Hall CASE NUMBER: 94-36 HKG FILE NUMBER: 94-5j LOCATION: 4994 Bartlett Boulevard EXISTING ZONING: Single Family Residential (R1-A) COMPREHENSIVE PLAN: Residential BACKGROUND: The applicant is seeking approval (recognition) of variances to construct a conforming deck on the front of the home. The subject property is a through lot with frontage on both Bayport Road and Bartlett Boulevard. The proposed deck addition conforms to all setback requirements. The existing home and a shed building are currently non-conforming due to setbacks. Total hardcover on the site is 23.3%. As proposed, the case involves the following variances: Issue Existing/Proposed Required Variance Side Yard - House 5.3' 6' .7' Front Yard - Shed 15' 20' 5' COMMENT: The proposed addition is in full compliance with all setback requirements. The existing home will continue to encroach slightly into the side yard in the foreseeable future since the home appears to be in good condition. The shed is listed on the survey as a "wood shed" and has a total area of 144 square feet. It may be possible to move the shed into a conforming position on the lot, however, its current location does not impact sight distance along Bayport Road nor does it pose any other practical problem. Land Use/Environmental' Planning/Design 7300 Metro Boulevard / Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160 Hall Variance Planning Report June 8, 1994 Page Two RECOMMENDATION: Staff recommends that the Planning Commission recommend approval (recognition) of the variances related to the side yard setback of the existing house and the front yard setback for the existing shed in order to construct a conforming deck as shown on the applicant's site plan. VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 Planning Commission Date: City Council Date: Distribution: t --zS-q4 City Planner ~J-~.JO Public Works City Engineer .~3--Z.{o DNR Other Application Fee: $50.00 Case No.~ Please type or print the following information: Address of Subject Property Applicant's Name (if other than owneO Address Day Phone Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure f6r this property'?. ( ) yes, 47~.no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. 2. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): Variance Appllc~tion (11/93) Page ~- Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located'?. Yes (~No (). If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: required requested VARIANCE (or existing) Front Yard: ( N S E W ) 2A") ' ft. ft. ft. Side Yard: (J~[S E W ) ~/~ t~' ft. I~ '~o ,'~e'~;Jft. _~' ~. Side Y~d: ,~S E W ) ~ ' a. .~', .~ a. , ~ a. R~ Y~d: ( N S E W ) ~ ~ ~. ~. ~. ~ide: ( N S E W ) ~. ~. ~. · (NSEW) ~. ~. ~. Street Frontage: ft. ft. ft. Lot Size: q q ~."~ sq ft sq ft sq ft Hardcover: ~_q '7 ~7 sq ft sq ft SCl ft Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes (), No (). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) too small ( ) drainage ( ) too shallow ( ) shape existing situation ( ) other: specify Please describe: Variance Application (1 ID3) Page 3 Was the hardship described above created by the action of anyone having property interests in the la~ after the zoning ordinance was adopted (1982)? Yes (), No ~f). If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No-(~. If yes, explain: Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes~, No (). ff no, list some other properties which are similarly affected? 9. Comments: maintaining and removing such;~, / notices as may ~ Owner's Signature ~ ~~/~~ ' t/-,fi/"' I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, ii ,I II ,I, I , it I GITY OF MOUND HARDCOVER CALCULATIONS EXISTING LOT AREA SQ FT X 30% = SQ FT X 15% = HOUSE: GARAGE: DRIVEWAY: DECK: (if impervious surface under deck = 100%) OTHER: LENGTH ~0 ~. x X X TOTAL HOUSE * X X TOTAL GARAGE WIDTH ~,./ ~ = /0~/.?t :~-'~..35''~ x X TOTAL DRIVEWAY /~w 'x X ·,, TOTAL DECK TOTALDECK @ 50% /0' x X TOTAL OTHER * * TOTAL PROPOSEDHARDCOVER ******************* Ltq O $--o9. UNDER (OVER) ***************************** MEETS LOT COVERAGE REQUIREMENTS * * * * * * * * * * * * * * YES___NO J ¸il .I Survey on file? yee~_ no Required Lot Width:,, E~ / Existing Lot Width. 8E?B~CKS REQUIRED: V Date of surve~~_. ~ot of Record? yes_,~ no. {{ron~&ge on an lmprovod public ,Depth I~ / WOODRIDGE RD ~ $ (26) ~0.7e (30 ,'4 7 (6) c ~J -- 0 C ~ I 0 ~ ~- · n I I , # I ,Ii, PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A VARIANCE TO TO RECOGNIZE AN EXISTING NONCONFORMING FRONT YARD SETBACK TO ALLOW A CONFORMING GARAGE ADDITION AT 1721 GULL LANE, LOTS 5, 6, 7, BLOCK 14, DREAMWOOD, PID #13-117-24 13 O014 P&Z CASE #94-38 WHEREAS, the owner, Michael Johnson, has applied for a variance to recognize an existing nonconforming 10.8 foot front yard setback to allow construction of a 10.3' x 13.9' entry deck and conforming 28' x 24' garage addition, and; WHEREAS, the subject property is located within the R-lA Single Family Residential Zoning District which according to City Code requires a lot area of 6,000 square feet, a 20 foot front yard setback, and 6 foot side yard setbacks, and; WHEREAS, the proposed entry deck will continue the front wall line but will not further encroach into the front yard area. According to the elevation drawing submitted, the deck will not contain a roof, and; WHEREAS, all other setbacks, lot area, and lot coverage are conforming, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a 9.2' front yard setback variance to allow construction of an open entry deck and conforming garage addition, subject to thi~ condition that the front porch area not be roofed or enclosed in the future. The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of 10.3' x 13.9' open entry deck, and a 28' x 24' garage addition. Proposed Resolution Case #94-38 Page 2 This variance is granted for the following legally described property: Lots 5, 6, and 7, Block 14, Dreamwood. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION JUNE 13, 1994 CASE #94-35 MICHAEL JOHNSON, 1721 GULL LANE, LOTS 5. 6. 7, BLOCK 14, DREAMWOOD, PID #13-117-24 13 0014. VARIANCE FOR GARAGE ADDITION. Building Official, Jon Sutherland, reviewed the staff report prepared by the City Planner. The applicant is seeking a front yard setback variance to add an entry deck at the southeast corner of the structure and construct a new 28' x 24' garage addition. The garage conforms to required setbacks. The proposal includes construction of a 10.3' x 13.9' entry deck. The proposed entry deck will continue the front wall line but will not further encroach into the front yard area. According to the elevation drawing submitted, the deck will not contain a roof. Staff recommended that the Planning Commission recommend approval of the front yard setback variance of 9.2 feet for the construction of an open entry deck and an attached garage measuring 28' x 24'. Staff noted that two garage sizes were identified in the application, one measuring 28' x 24' and the other measuring 30' x 26'. The applicant clarified that the proposed garage is 28' x 24', and the other size included the overhangs. MOTION made by Mueller, seconded by Weiland, to recommend approval of the variance as recommended by staff, and including a condition that the front porch area not be roofed or enclosed in the future. Motion carried unanimously. Hoisington Koegler Group Inc. PLANNING REPORT TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: June 8, 1994 SUBJECT: Variance - Garage and Entry Deck Addition APPLICANT: Michael Johnson CASE NUMBER: 94-38 HKG FILE NUMBER: 94-5k LOCATION: 1721 Gull Lane EXISTING ZONING: Single Family Residential (R-IA) COMPREHENSIVE PLAN: Residential BACKGROUND: The applicant is seeking a front yard setback variance to add an entry deck at the southeast comer of the structure and construct a new attached garage. The garage conforms to required setbacks. The proposal includes construction of an entry deck measuring 10.3 feet by 13.9 feet. Within the application, two different sizes are identified for the proposed garage, one measuring 28' x 24' and the other measuring 30' by 26'. The hardcover calculations that are provided are based on the larger garage size. With the larger garage and a new concrete patio area at the rear of the structure, total hardcover is slightly under the 30% maximum. COMMENT: Since the entry deck is attached to the structure, it is subject to the setback requirements of the principal building. The home currently has a 10.8 foot front yard setback which requires a variance of 9.2 feet. The proposed entry deck will continue the front wall line but will not further encroach into the front yard area. According to the elevation drawing submitted with the plans, the deck will not contain a roof. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the front yard setback variance of 9.2 feet for the construction of an open entry deck and an attached garage measuring 30' x 26'. Land Use / Environmental · Planning / Design 7300 Metro Boulevard / Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160 VARIANCE APPLICATION CITY OF MOUND 5341 myw~ Road, Mound, ~ ~one: 472-~, F~: 47~20 Planning Commission Date: City Council Date: Application Fee: $50.00 Case No. q4"3~ Distribution; City Planner -_..~_-_.-_-_-_-_-_~ Public Works City Engineer ~ DNR Other Please type or print the following information: Address of Subject Property Addition PID No. q - q $ O Day Phone loc/q-Io'7 Day Phone /¥/4 Has an application ever been made\foy~oning, variance, conditional use permit, or other zoning procedure for this property.'? ( ) yes,fl~ no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of res~lu[ions. 2. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): 0 Variance Application (11/93) Page 2 3. Do the existing structures comply with all, ar/e.a, height, bulk, and setback regulations for the zonin, district in which it is located.'? Yes (), No~. If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot ar~a, etc0: SETBACKS: required requested VARIANCE (or existing) Front Yard: (N~) ft. /0 ft. I~I / ft. Side Yard: ( N S E W ) ft. ft. ft' Side Yard: ( N S E W ) ft. ft. ft' Rear Yard: ( N S E W ) ft. ft. ft. Lakeside: ( N S E W ) ft. ft. ft' : (NSEW) ft. ft- ft' Street Frontage: /~) ' ft. ft' ft' Lot Size: q fgU'/') sq ft sq ft sq ft Hardcover: sq ft sq ft sq ft Does the pres~ of the property conform to all regulations for the zoning district in which it i~ located? Ye?~ No (). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography 4 )/soil ( ) too small ( ) drainage ~ existing situation ( ) too shallow ( ) shape /( ?other: specify .le rc>n- C LrV 5e2 c_ 3.o0 a a n i a ,It I :ii,, Variance Application (11/93) Page 3 Was the hardship described above created by the action of any~n?/having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No~. If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? No (). If yes, explain: Yes (), Are the conditions of hardship,~oI/~vhich you request a variance peculiar only to the property described in this petition? Yes (), No,)~X ff no, list some other properties which are similarly affected? I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be req~redjby law. "' ~wner's Signatu~~~~-~~~ Date Applicant's Signature Date NAME: ADDRESS: CITY OF MOUND HARDCOVER CALCULATIONS EXISTING LOT AREA EXISTING LOT AREA SQ FT X 30% = SQ FT X 15% = HOUSE: GARAGE: DRIVEWAY: DECK: (if impervious surface under deck = 100%) LENGTH WIDTH IL, x Io x TOTAL HOUSE * ~O X X TOTAL GARAGE x X /6 = TOTAL DRIVEWAY ***************** ~0 x /~7 = /,~o '7 x ~ = _~/ TOTAL DECK ****'******** 27/'~ TOTAL DECK @ 50%*************** = TOTAL OTHER ******************* TOTAL PROPOSEDHARDCOVER ******************* ~ (OVER) ***************************** MEETS LOT COVERAGE REQUIREMENTS * * * * * * * * * * * * * * BY: :,' ~d" ?'.2 4 y,YES___NO Plat or S;~rvey for H, rs. Ruly L. Hel~us of' Lots 5~ r~ and ?~ Block Hennepin County, l.',innesota q Oert.~Ficate o£ Survey: I h,',reby certify that this is a true and e~rrect r~::~resentatic, n of a surw~y of' the botm~mr~e~ of Lets 5, ~, ,.nd 7, Block 1,',, l~e:~m~ood ',nd of the loc,:td,~n of all buildings ther~c,p, It :lees nc, t ,~urmrt te ~how other improw~nts or encroachments, if ar:y, from or on ~:".id Seole: 1" = 4C' ~rdon 7t. Col in' 5~te : ~-15-73 b,n~ . u~.g.'or and Planner + .iKnss~ ta o : Iron z~,rker l/,ng D~ko, . !'lat oF Survey for }4r~. RuLy L. }.'el]us of I~t.~ 5, 6, and 7, Block ll,, Dro~,mwood Henneptn C?unl,y, I.:tn~eso'ta f / / Cert.~ fie'ate of Survey: ! h.'~.reby ce2'ttCy th,Jt tills a survey of the bo~md,LrJon of Lcts 5, ~'~ .~nd 7, Block 1,',, !h'o~lmw~od '.,nd other l mprov,~nts or oncro,~,chm~nts~ 9, re : ~-15-73 b~nd . u~.c.'or nnd Pl.ann~r o : Iron ~m~rker l~n~/ ';,, \ eurve:y._~__5~l~_. Lot or Record? yea ~. no .... J Date of (frontage on in tmprovod publLe effect) Depth ~0 · PRINCIPAL BUILDING ACCESSORY BUILDING SlDtl N I I W 4' Dr 6' SIDEs g I · # 4' or 6' REARs N S I # , 4' LJd~SNORll }9~ Imeilured treat O.H.W,I i i FRONTs # I I W FRONTs N I l SIDEr # I I W REARs WILL THE FROPOS£O IKPROVEK£NT~ CONFORm? YES , ~0 ill* COI MON 2-D 'II~ (~))J I PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE EXISTING NONCONFORMING SITUATIONS TO ALLOW CONSTRUCTION OF A NONCONFORMING DETACHED GARAGE AT 1920 SHOREWOOD LANE, LOT 6, BLOCK 2, SHADYWOOD POINT, PID #18-117-23 23 0008 P&Z CASE #94-40 WHEREAS, the owner, Diane Akey, has applied for a variance involving a number of nonconforming situations in order to construct a nonconforming detached garage, as follows: Existinq/Proposed Required Variance Front Yard - Garage 2.' 8.' 6.' Side Yard - Shed 1.65' 6.' 4.35' Street Frontage 50.' 60.' 10.' Lot Width 50.' 60.' 10.' Lot Size 7,639 s.f. 10,000 s.f. 2,361 s.f. Hardcover 37.49% 30% 7.49% WHEREAS, the subject property is located within the R-1 Single Family Residential Zoning District which according to City Code requires a lot area of 10,000 square feet, a 30 foot front yard setback for the principal dwelling, side yard setbacks of 6' and 10', and a 50 foot setback to the ordinary high water, and; WHEREAS, the garage is proposed to be situated on the lot with the garage door facing the east side property line which requires an 8 foot setback to the front yard. Because of the location of the existing home and the existing topography the proposed garage sits two feet inside the property line, and 8 feet from the curb, resulting in a 6 foot variance, and; WHEREAS, impervious surface coverage is currently at 44.32%. With the proposed garage, the total hardcover is reduced to 37.49%, and; WHEREAS, a minimum size garage of 22' x 22' would not decrease the amount of hardcover as the driveway cover would increase, and the garage service door would then have to be placed at the side of the garage resulting in additional hardcover for a landing and stairs, and; WHEREAS, a 22' x 22' garage versus a 24' x 24' garage would reduce the hardcover by only 48 square feet, and; Proposed Resolution Case #94-40 Page 2 WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a variance to allow the construction of a 24' x 24' detached garage with a side facing door. Following are the variances involved' ExiSt,hq/Proposed ~ Variance Front Yard - Garage 2.' 8.' 6.' Side Yard - Shed 1.65' 6.' 4.35' Street Frontage 50.' 60.' 10.' Lot Width 50.' 60.' 10.' Lot Size 7,639 s.f. 10,000 s.f. 2,361 s.f. Hardcover 37.49 % 30 % 7.49 % The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of 24' x 24' detached garage with a side facing door. 4. This variance is granted for the following legally described property: Lot 6, Block 2, Shadywood Point. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION JUNE 13, 1994 CASE#94-40 DIANA AKEY, 1920 SHOREW00D LANE. LOT 6. BLOCK 2, SHADYWOOD POINT, PID #18-117-2323 0008. VARIANCE FOR DETACHED GARAGE. Building Official, Jon Sutherland, reviewed the staff report prepared by the City Planner. The applicant is seeking approval of a number of variances in order to construct a detached garage. At the present time, there is no garage on the site. Below are the variances involved in this case: Existina/Proposed ReQuired Variance Front Yard - Garage 2.' 8.' 6.' Side Yard - Shed 1.65' 6.' 4.35' Street Frontage 50.' 60.' 10.' Lot Width 50.' 60.' 10.' Lot Size 7,639 s.f. 10,000 s.f. 2,361 s.f. Hardcover 37.49 % 30% 7.49 % The applicant is proposing to construct a 24' x 24' detached garage with the door facing the ease (side). Such structures are required to maintain an 8 foot front yard setback. Because of the location of the existing home and the existing topography of the site, the proposed garage sits two feet inside the property line, and 8 feet from the curb. At the present time, hardcover surfacing covers 44.32% of the site. With the proposed garage, the total hardcover is reduced to 37.49%. Staff recommended that the Planning Commission recommend approval of the variances noted above in order to allow the construction of a detached garage with a side facing door. In its deliberation on this matter, the Planning Commission may want to consider whether or not the garage size as proposed represents a minimum situation. If the Commission concurs that a variance for a garage should be granted, there should be conditions on the removal of the existing driveway apron and bituminous area that lies immediately south of the proposed garage building. Mueller questioned if a 22' x 22' garage would be preferred. He noted that if 2 feet were removed on the depth it would not change the amount of hardcover as it would increase the driveway coverage, and removing 2 feet on the width would reduce the hardcover by only 48 square feet. Applicant., Diane Akey, explained to the Commission that if the width was reduced to 22', the doorway would have to be moved from the front to the side, which would then require an additional landing and walkway resulting in more hardcover. MOTION made by Mueller, seconded by Jensen, to recommend approval of the variance as recommended by staff, for a 24' x 24' detached garage. Motion carried unanimously. Jansen confirmed with staff that the Commission's findings would be included in the resolution. This case will be heard by the City Council on June 28, 1994. Hoisington Koegler Group Inc. IZllB PLANNING REPORT TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: June 8, 1994 SUBJECT: Variance - Detached Garage APPLICANT: Diana Akey CASE NUMBER: 94-40 HKG FILE NUMBER: 94-51 LOCATION: 1920 Shorewood Lane EXISTING ZONING: Single Family Residential (R-l) COMPREHENSIVE PLAN: Residential BACKGROUND: The applicant is seeking approval of a number of variances in order to construct a detached garage. At the present time, there is no garage on the site. According to the hardcover calculations prepared by the surveyor, 44.32% of the site currently consists of impervious surfacing. The following is a listing of variances involved in this case: Issue Existing/Proposed Required Variance Front Yard - Prop. Garage 2' 8' 6' Side Yard - Shed 1.65' 6' 4.35' Street Frontage 50' 60' 10' Lot Width 50' 60' 10' Lot Size 7,639 sq. ft. 10,000 sq. ft. 2,361 sq. ft. Hardcover 37.49% 30% 7.49% COMMENT: The applicant is proposing to construct a 24' x 24' detached garage with the door facing the east (side). Such structures are required to maintain an 8 foot front yard setback. Because of the location of the existing home and the existing topography of the site, the proposed garage sits two feet inside of the property line. At the present time, hardcover surfacing covers 44.32% of the site. With the proposed garage, the total hardcover is reduced to 37.49%. Land Use/Environmental· Planning/Design 7300 Metro Boulevard/Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160 Akey Variance Planning Report June 8, 1994 Page Two In previous cases, the City of Mound has made every attempt to accommodate the construction of garages. In most cases, having a garage as part of a residential property precludes the need for outside storage thereby improving the appearance of the neighborhood. In order for the City to grant a variance, the variance must represent the minimum necessary to relieve a hardship or practical difficulty situation. In this case, the proposed improvements actually reduce the amount of impervious surfacing. The reduction could be even furthered by reducing the size of the garage to 22' x 22' or a similar dimension. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the variances noted above in order to allow the construction of a detached garage with a side facing door. In its deliberation on this matter, the Planning Commission may want to consider whether or not the garage size as proposed represents a minimum situation. If the Commission concurs that a variance for a garage should be granted, it should be conditioned on the removal of the existing driveway apron and bituminous area that lies immediately south of the proposed garage building. Planning Commission Date: City Council Date: Distribution: VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 City Planner ~ Public Works City Engineer ~5-- ~:~l DNR Other Application Fee: $50.00 case q4-40 Please type or print the following information: vropeny ~_c~t) ~xnr~.~~ Address of Subject I Zoning District ~: ~_ Owner's Name Owner's Address Use of Property:, Block Pm No. ~.~- ~'~-~,~ _D~_ ~ Day Phone Applicant's Name (if other than owner). Address Day Phone Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure f6r this property? ( ) yes, ( ) no. ff yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. 2. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): ' - q Ill .,I II c .o. q/--t-. 40 Variance Application (l 1/93) Pa~e 2 ;. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (), No (). If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: required requested VARIANCE (or existing) Front Yard: (N~WI ~ ft. ,~ ft. (,~,. ft. Side Yard: ( N W ~ ft. I..t_d.~_' - ft. ~ ft. Side Yard: ( N S E W ) ft. ft. ft. Rear Yard: ( N S E W ) ft. ft. ft' Lakeside: ( N S E W ) ft. ft. ft. ft. ft. ft. : (NSEW) /.,¢,0 ft. ._~_~ ft. JO ft. Street Frontage: Lot Size: Hardcover: Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes ¢, No (). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? too narrow (~ topography too small ( ) drainage too shallow ( ) shape ( )soil ( ) existing situation ( ) other: specify Please describe: Variance Application (11/93) Page 3 Was the hardship described above created by the action of anyone having property interests in the lant' after the zoning ordinance was adopted (1982)? Yes {~ No (). If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No ~'. ff yes, explain: Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (), No~. If no, list some other properties which are similarly affected? 9. Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signatur~ ~~d~~~ Applicant's Signature Date_~~ Date ;SEL Required ~t Width: ~/ ~ , (frontage on ~n improved public LAY~SHOREs 50' tmeaeurqd ~rom O.H.W.J EXISTING ~/OR PROPOSED SETBACKS: PRINCIPAL BUILDING FRONT: N S K W i::,o:,' " REAR: N S E W LAA~ SHOJ~: WILL THE PROPOSED IMPRO%SKME~LTS CONFORR? YES PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE AN IMPERVIOUS ~COVERAGE VARIANCE TO ALLOW CONSTRUCTION OF A PORCH AT 1564 CANARY LANE, LOTS 7 & 8, BLOCK 4 WOODLAND POINT, PID #12-117-24 43 0013 P&Z CASE #94-42 WHEREAS, the owners, Paul and Virginia Erickson, have applied for a 3.3% hardcover variance in order to remove an 8' x 17' existing deck and replace it with a 11' x 14' three season porch, and; WHEREAS, the subject property is located within the R-lA Single Family Residential Zoning District which according to City Code requires a minimum lot area of 6,000 square feet, a 20 foot front yard setback, and 6 foot side yard setbacks, and; WHEREAS, the existing home and the proposed porch conform to setback requirements, and; WHEREAS, the subject site is somewhat unique in that it is surrounded by City owned open space on two sides. A 20 foot parcel to the north of the site and the lots behind the existing home are owned by the City of Mound for drainage purposes, and; wHEREAS, the additional 3.3% hardcover is more than compensated by the amount of permanent open space abutting this parcel, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval with the finding that strict interpretation of the Zoning Ordinance in this case constitutes a practical difficulty, in light of the fact that permanent open space abuts the property on two sides. Also, It is not the intention of this variance approval to allow a new deck in the future for the existing deck that is being replaced by a porch. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. The City does hereby grant a variance to impervious surface coverage of 3.3% or 208 square feet to allow construction of a 11' x 14' three season porch. 2. The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all' of the provisions and restrictions of Section 350:420. Proposed Resolution Case #94-42 Page 2 It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of 11' x 14' three season porch. This variance is granted for the following legally described property: Lots 7 and 8, Block 4, Woodland Point. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION JUNE 13, 1994 ~ PAUL & VIRGINIA ERI(~KSON, 1564 CANARY LANE, LOTS 7 & 8, BLOCK 4; WOODLAND POINT, PIg #12-117-2443 0013. VARIANCE FOR PORCH, Building Official, Jon Sutherland, reviewed the staff report prepared by the City Planner. The applicant is seeking a hardcover variance in order to remove an existing deck and replace it with a 3 season porch. If the proposal is approved, the total impervious surfacing on the site will be 33.3%. The existing home and the proposed porch conform to setback requirements. The subject site is somewhat unique in that it is surrounded by City owned open space on two sides. A 20 foot parcel to the north of the site and the lots behind the existing home are owned by the City of Mound for drainage purposes. In the past, the applicant has inquired about purchasing all or a portion of the City owned land. To date, the City has elected to retain the title to these land areas. The proposed construction exceeds the maximum hard coverage allowed by a small margin. The additional 3.3% hardcover is more than compensated by the amount of permanent open space abutting this parcel. Staff recommended that the Planning Commission find that strict interpretation of the Zoning Ordinance in this case constitutes a practical difficulty, in light of the fact that permanent open space abuts the property on two sides. As a result, hardcover variance approval is recommended to allow construction of the porch. The Com[nission questioned if the adjacent City property may some day be sold to abutting land owners. The Secretary stated that the property has been retained for drainage and utility purposes and has not be released for sale. It was clarified that the existing deck is 8' x 17'. The Commission discussed the possibility of the owner wanting a de.r.~ in the future to replace the deck that is now being converted to a screen porch. MOTION made by Hanus, seconded by Jansen, to recommend approval of the variance, as recommended by staff, and including the following: It is not the intention of this variance approval to allow a new deck in the future to replace the existing deck that is being eliminated by the new porch. This approval includes the finding that the adjacent City owned property will not be developed in the future and therefore is taken into consideration as additional green space for the nonconforming hardcover. Motion carried unanimously. Hoisington Koegler Group Inc. PLANNING REPORT TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: June 8, 1994 SUBJECT: Variance - 3 Season Porch APPLICANT: Paul and Virginia Erickson CASE NUMBER: 94-42 HKG FILE NUMBER: 94-5m LOCATION: 1564 Canary Lane EXISTING ZONING: Single Family Residential (R-lA) COMPREHENSIVE PLAN: Residential BACKGROUND: The applicant is seeking a hardcover variance in order to remove an existing deck and replace it with a 3 season porch. If the proposal is approved, the total impervious surfacing on the site will be 33.3%. The existing home and the proposed porch conform to setback requirements. COMMENT: The subject site is somewhat unique in that it is surrounded by City owned open space on two sides. A 20 foot parcel to the north of the site and,the lots behind the existing home are owned by the City of Mound for drainage purposes. In ttie past, the applicant has inquired about purchasing all or a portion of the City owned land. To date, the City has elected to retain the title to these land areas. The proposed construction exceeds the maximum hard coverage allowed by a small margin. The addittional 3.3% hardcover is more than compensated by the amount of permanent open space abutting this parcel. RECOMMENDATION: Staff recommends that the Planning Commission find that strict interpretation of the Zoning Ordinance in this case constitutes a practical difficulty, in light of the fact that permanent open space abuts the property on two sides. As a result, hardcover variance approval is recommended to allow construction of the porch. Land Use / Environmental , Planning / Design 7300 Metro Boulevard / Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160 1,1 VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 Planning Commission Date: City Council Date: Application Fee:_ $50.00 City Planner I Public Works City Engineer ~ t::3.. ~ { DNR Other Please type or print the following information: Address of Subject Property ~ ~- ~ q Lot --/ -4 9 Zoning District ~ - I A Use of Property: Owner's Address Day Phone Block PID No. Applicant's Name (if other than owne0 Address Day Phone 1. Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, ~no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): Variance Application (11/93) P~o 2 o Do the existing structures comply with all area, height, bulk, and setback regulations for the zonin; district in which it is located? Yes ~.. No (). If no, specify each non-conforming use (describe reason for variance request, i.e. setback,l-6t area, etc.): SETBACKS: required requested VARIANCE (or existing) Front Yard: ( N S E W ) ft. ft. Side Yard: ( N S E W ) ft. ft. Side Yard: ( N S E W ) ft. ft. Rear Yard: ( N S E W ) ft. ft. Lakeside: ( N S E W ) ft. ft. : (NSEW) ft. ft. Street Frontage: ft. fi. Lot Size: sqft -~ , .,~ sqft Hardcover: Itt ~ sq ft ...~li~(__sq ft Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes ~, No (). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? too narrow too small too shallow ( ) topography ( ) drainage ( ) shape ( )soil ( ) existing situation ( ) other: specify I,I Variance Application (11/93) hie 3 Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted 0982)? Yes (), No (). If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? No (). ff yes, explain: Yes (), e Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (), No (). If no, list some other properties which are similarly affected? I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature~~~~~'~ Applicant's Signature_ Date_ Date NAME: ADDRESS: EXISTING LOT AREA EXISTING LOT AREA CITY OF MOUND HARDCOVER CALCULATIONS (..,~HO0 SQ FT X 30% = SQ FT X 15% -- f Iq~ HOUSE: GARAGE: DRIVEWAY: DECK: (if impervious surface under deck = 100%) OTHER: LENGTH WIDTH q~ x :~L~ = X = X = TOTAL HOUSE * * ~ ,-{ x X TOTAL GARAGE * X TOTAL DRIVEWAY Iq x X TOTAL DECK * * * TOTAL DECK @ 50% X TOTAL OTHER ' * TOTAL PROPOSEDHARDCOVER ******************* UNDER (OVER) ***************************** MEETS LOT COVERAGE REQUIREMENTS * * * * * * * * * * * * * * YES___NO BY: DATE: I I II !, J, ,,1~ a . CERTIFICATE OF SURVEY ,, ,, ,. ,; : , ..:F. ?'7-,--;----,-:-_m_~_ _ L __- SurveV .[:or: .__ /J~'- -' '~ ' ' ~'~------:"~"-:-~-J' ......... ' ........... · -Book .~= Page ',') ~_~_ ~(~. 0 '5 GENEIL,kL ZONING INI:OIL\L~,TION $IIEET Existing Lot Width. 8~.?B~CR8 REQUIRED, FRONT: N S E FRONT: 'ID', ¢, . W ~$HO~ SO' (measured from O.H.W. Z~ I$TING ~/OR , Depth__ (frontage on an improved public street) YES~ ACCESSORY BUI LDINO FRONT: N S E~ ~ / FRONT: N S g W SIDE: ~S E W 4° or §' LAXI~$HOFL~: . SO' fmeasured from O.H,W,) ACCESSORy BUILDI~ FRONT: N S E W FRONT: N S E W 5IDEi N $ E W S,D.,".l~ -- I'Z- / R..R, . ;4' +/-- LA~SHOI~: WILL THE PROPgSi:D IMPROVEMENTS CONFORm? YE~ NO_ (D~ O 34.78 F~ES GOVT LOT 8 r¢ o PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A FRONT YARD SETBACK VARIANCE AND IMPERVIOUS COVERAGE VARIANCE TO ALLOW CONSTRUCTION OF A CONFORMING GARAGE ADDITION AT 1705 EAGLE LANE, LOTS I & 2, BLOCK 12, DREAMWOOD, PID #13-117-24 12 0064 P&Z CASE//94-43 WHEREAS, the owner, William Knosalla, has applied for a variance to recognize an existing nonconforming front yard setback and a hardcover variance as listed below to construct a 24' x 24' garage addition: Front/Side (N) Hardcover (w/shed) _Existin.q/Proo0sed ~ 12' 20' 2,128 sf 1,920 sf Variance 8' 208 sf WHEREAS, the existing home is on a corner lot and is required to observe a 20 foot setback from both Three Points Blvd. to the north, and Eagle Lane to the east, and; WHEREAS, the lot also contains a 10' x 10' shed which appears to conform to side and rear setback requirements, and; WHEREAS, all other setbacks, lot area, and lot coverage are conforming, and; WHEREAS, abutting neighbor to the west, Ann Eberhart, has concerns about increased drainage onto her property, as she already has problems, and the applicant stated he is willing to work on the drainage issue and will make necessary corrections, and; WHEREAS, the Planning Commission is of the opinion that a 24' x 24' garage does not constitute a "minimum" situation, and; WHEREAS, the applicant states the original garage size of 24' x 24' as proposed in 1980 was conforming, and that this size is needed for parking and storage, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A FRONT YARD SETBACK VARIANCE AND IMPERVIOUS COVERAGE VARIANCE TO ALLOW CONSTRUCTION OF A CONFORMING GARAGE ADDITION AT 1705 EAGLE LANE, LOTS I & 2, BLOCK 12, DREAMWOOD, PID #13-117-24 12 0064 P&Z CASE #94-43 WHEREAS, the owner, William Knosalla, has applied for a variance to recognize an existing nonconforming front yard setback and a hardcover variance as listed below to construct a 24' x 24' garage addition: Front/Side (N) Hardcover (w/shed) ..Existing/Proposed ~ Vari~ance 12' 20' 8' 2,128 sf 1,920 sf 208 sf WHEREAS, the existing home is on a corner lot and is required to observe a 20 foot setback from both Three Points Blvd. to the north, and Eagle Lane to the east, and; WHEREAS, the lot also contains a 10' x 10' shed which appears to conform to side and rear setback requirements, and; WHEREAS, all other setbacks, lot area, and lot coverage are conforming, and; WHEREAS, abutting neighbor to the west, Ann Eberhart, has concerns about increased drainage onto her property, as she already has problems, and the applicant stated he is willing to work on the drainage issue and will make necessary corrections, and; WHEREAS, the Planning Commission is of the opinion that a 24' x 24' garage does not constitute a "minimum" situation, and; WHEREAS, the applicant states the original garage size of 24' x 24' as proposed in 1980 was conforming, and that this size is needed for parking and storage, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: Proposed Resolution Case #94-43 Page 2 The City does hereby grant a 108 square foot hardcover variance and recognizes the existing nonconforming 12' setback to Three Points Blvd., to allow construction of a 24' x 24' garage addition, subject to the following: a. The shed be removed. b. Drainage and grading issues be reviewed by staff and corrected ' accordingly. --~/,~/.~- ('~ ~ ~';~ ,, ;~ .-- ~; .... The City Cod~Eil authorizes the alterat~°~ set forth ~elow, pursuant 350:420, Subdivision 8 of the Zoning Ordinance with the clear and exnress~. understanding that the use remains as a lawful, nonconforming use, subject to~ all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improv~q~ the authorization of the following alteration to a nonconforming use ~f th~~ property to afford the owners reasonable use of their land' Construction of 24' x 24' garage addition. This variance is granted for the following legally described property: Lots I and 2, Block 12, Dreamwood. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. I ! Fl£cO ,~ooH~.,,~ POcO.u 7NI- ~,6.o¢ p Z ~.u THE' oF )..oT.Z. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION JUNE 13, 1994 CASE #94-43 _WILLIAM & DEDRA KNOSALLA. 1705 EAGLE LANE, LOT~ I & 2 BLOCK 12, DREAMWOOD, PID # 13-117-2412 0064. VARIANCE FOR GARAGE ADDITION, Building Official, Jon Sutherland, reviewed the staff report prepared by the City Planner. The applicant is seeking variance approval to construct a 24' x 24' garage addition. The proposed garage meets all setback requirements. The existing home is on a corner lot and as such, is required to observe a 20 foot setback from Three Points Blvd. The existing house is located 12 feet from the property line resulting in an 8 foot variance. In addition to the home, the lot also contains a 10' x 10' shed which appears to conform to side and rear setback requirements. The amount of proposed impervious cover will total 33.3%. In considering this case, the Planning Commission may want to comment on whether or not a 24' x 24' garage is truly a "minimum" situation. Staff recommended that the Planning Commission recommend approval (recognition) of the side yard setback variance for the existing home and a hardcover variance in order to allow the cons{ruction of an attached garage. In its deliberation on this matter, the Planning Commission may want to consider whether or not the garage size as proposed represents a minimum situation. The Commission confirmed that the 8' x 16' portion of the house as shown on the survey is actually a deck. Abutting neighbor, Ann Eberhart, expressed a concern about increased drainage onto her property, as she already has problems. The Building Official commented that staff can review the drainage issues and can offer corrective measures, such as gutters to direct drainage to the front of the lot, or re-grading if necessary. He added that this is the time to improve these conditions, and this can be worked out before the building permit is issued. The applicant stated that he is willing to work on the drainage issues and make any corrections necessary. MOTION made by Weiland, seconded by Hanus, to recommend approval of the variance upon the following conditions: 1. The shed be removed. 2. Drainage and grading issues be reviewed by staff and corrected accordingly. The maker of the motion confirmed that this motion does not condone that a 24' x 24' garage is considered "minimum". Motion carried unanimously. Hoisington Koegler Group Inc. mc! PLANNING REPORT TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: June 8, 1994 SUBJECT: Variance - Attached Garage APPLICANT: William P. Knosalla CASE NUMBER: 94-43 HKG FILE NUMBER: 94-5n LOCATION: 1705 Eagle Lane EXISTING ZONING: Single Family Residential (R-2) COMPREHENSIVE PLAN: Residential BACKGROUND: The applicant is seeking variance approval to construct an attached garage measuring 24' x 24'. The proposed garage meets all setback requirements. The existing home is on a comer lot and as such, is required to observe a 20 foot setback from Three Points Boulevard. The existing house is located 12' from the property line resulting in an 8 foot variance. In addition to the home, the lot also contains a 10' x 10' shed which appears to conform to side and rear setback requirements. The subject property lies within the shoreland zone and is therefore subject to the 30% hardcover limitation. According to calculations provided by the applicant, if the garage is approved, the amount of impervious cover will total 33.3%. COMMENT: In the past, the City of Mound has encouraged the construction of garages in order to reduce clutter and enhance the appearance of neighborhoods. In order to accomplish this objective, variances are sometimes necessary. The need for a garage has been considered a practical difficulty under the terms of the ordinance. Despite this fact, the City has consistently attempted to ensure that variances that are granted represent the minimum necessary to alleviate the practical difficulty situation. In considering this case, the Planning Commission may want to comment on whether or not a 24' x 24' garage is truly a "minimum" situation. Land Use / Environmental · Planning / Design 7300 Metro Boulevard/Suite 525 ' Minneapolis, Minnesota 55439 ' (612) 835-9960 · Fax: (612) 835-3160 JI ,I II I I~ , I[ I i Knosalla Variance Planning Report June 8, 1994 Page Two RECOMMENDATION: Staffrecommends that the Planning Commission recommend approval (recognition) of the side yard setback variance for the exiting home and a hardcover variance in order to allow the construction of an attached garage. In its deliberation on this matter, the Planning Commission may want to consider whether or not the garage size as proposed represents a minimum situation. II I II !, I, ,J, ' '" Planning Commission Date: City Council Date: VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 I~AY 2 6 1994 Application Fee: $50.00 Case No. q4-~4~ City Planner 5-~ Public Works City Engineer ~ DNR Other Please type or print the following information: Address of Subject Property ca /;/.//~ Owner's Address_ / 7~5" Applicant's Name (if other than owner) Address Lot Addition Zoning District Owner's Name Use of Property: f/~///t9,.5'/4c ~ ,J .~ Day Phone No. 13-11 .-] 44. f £~.7 /.4 2. Day Phone Has an application ever been made fqr zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes,~'~ no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of restlftions. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): ~/ ~q e-d,4' .d P~..d V~riance Application (11/93) Page 2 o for variance request, i.e. setback, lot area, etc.): 3 C .4 Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (), No (). If no, specify each non-conforming use (describe reason ~ J o 3_r- 7-0 SETBACKS: required requested VARIANCE (or existing) Front Yard: (N~.S(~JW) ft. ~q ft. Side Yard: Side Y~d: ( N R~ Y~d: ( N S E~) ft. ~eside: ( N S E W ) · (NSEW) S~t Fron~ge: ft. ~ q ft. ~t Si~: sq ft H~dcover: ~sq ft fto Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes ~, No (). If no, specify each non-conforming use: o Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) too small ( ) drainage ( ) too shallow ( ) shape soil existing situation other: specify pN 7- f Variance Application (11/93) Page 3 Case No. Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No~. If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No/~. If yes, explain: 8. Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (), No.~. If no, list some other properties which are similarly affected? 7/115' _/Y2-- fw.k' //// fi 7- 9. Comments: $/ I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature ./J~/~. /. _~_w6~_~w~ Applicant's Signature /~J,~,~.~ f. _~.~_~_ ~'~ Date Date Cer~i£ic'-.%~ o:' ~urvvf.' for L~k,~ of Lots ~ and Hcnn~p~n County,' K~nnesota I hare~.; certify th=. this is a .. true an..1 co'trect representation .- of a s'l'm,,ey o? the boundaries of Lots 1 and 2, Block 12, Dreamwood, and the location of all ez. isting buildings, if any, ther~cn, and the proposed. location of a .~rooosed building. It does not purport to sho~ o~hsr improve- Scale: 1" -- ~0' Oordon R. Coffin ?~g/~o. 6064 Date : 8-22-80 Land Surveyor and ?lanner o : Iron marker Long Lake, hLinnesota NA ME: ¢ ADDRESS: EXISTING LOT AREA EXISTING LOT AREA CITY OF MOUND HARDCOVER CALCULATION S ' 1 7~ :- :~: l ~Yd O_ so FT x 30% = HOUSE: GARAGE: DRIVEWAY: DECK: (if impervious surface under deck = 100%) OTHER: LENGTH WIDTH ~d x JY X X TOTAL HOUSE ******************* X = TOTAL GARAGE ~ ,/ x X TOTAL DRIVEWAY ***************** !.~ x ~ = /~o X = TOTAL DECK ************* TOTAL DECK @ 50%*************** ./~ x /~ = /~ ~ X = TOTAL OTHER * **** **** **** **'* ** TOTAL PROPOSEDHARDCOVER ***** ************ ** UNDER((OVER~J**************** **** ******** * MEETS LOT COVERAGE REQUIREMENTS * * * * * * * * * * * * * * YES,~NO DATE: < iS''/ :> ,, I'/= Design Works (S~) , Knox LLun~er, #217 Hopkins, 5/25/94 16:49 JI · I I ~m , II, I ,I GENI£1L~.L ZONING INFOIL'~IATION SIIEET J ADDRESS; Required Lo[ Width: ~ / (frontage on in improved ~blLc itreet} / Ex[sling ~ Width SIDer N S E: IJU(ZSHORE: 50' Im~a~qr~d ~rom O,14~w, } ~(~:gS SORY BUILDING FRONT: N S ~ W FRONT: N 5 SlDt'~ N S ~SHO~: EXISTINO AND/OR PROPOSED SETBXCKS: PRINCIPAL BUILDING i~.CCESSOR¥ BU I LD I NG FRONT Ii ~ S E W FRONT ~ N S ~SHO~: ~A~SHO~: 8 ~' O C PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE REMOVAL OF PRIVATE STRUCTURES ON PUBLIC LANDS FOR DOCK SITES 12550 AND 22360 WHEREAS, the City of Mound is updating the permits for structures located on public lands, and; WHEREAS, City Code Section 320, requires City Council approval by a four-fifths vote for Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, and; WHEREAS, the Park and Open Space Commission has reviewed these requests and recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City Council does hereby approve the following structures/encroachments to be removed from the commons, including necessary restoration, subject to the following: The applicant's dock license will not be issued if compliance to these conditions has not been achieved within one year of the date of approval of the permit. WATERSIDE COMMON, SHORELINE TYPE D WlOTA COMMON, SHORELINE TYPE D 12550 1729 GULL LANE Rose Bialon OLD CONCRETE BLOCK STAIRWAY STAIRWAY UNSAFE. STAIR AND DOCK SPACE ARE NOT USED AT THIS TIME. RECOMMENDATION IS FOR STAFF TO WORK WITH ABUTTING OWNER TO REMOVE STAIRWAY AND DOCK LICENSE WILL NOT BE ISSUED UNTIL STAIRWAY ISSUE IS RESOLVED. MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION JUNE 9, 1994 PUBLIC LAND PERMITS: DOCK SITES 02665, 12550, 13810~31360, 31390, AND 51030 Parks Director, Jim Fackler, reviewed the staff report. The City of Mound is updating the permits for structures located on public lands. Staff recommended approval of the Public Land Permits as shown on Exhibit A, below, subject to the following conditions: Permits shall be approved according to the "Recommendation/Comments" noted on Exhibit A. 2. The permits will expire five (5) years from the date of City Council approval. 3. The permits must be renewed with change in dock license holder. The applicant's dock license will not be issued if compliance to these conditions has not been achieved within one year of the date of approval of the permit. The Park Commission reviewed each site separately. WATERSIDE COMMON. SHORELINE TYPE D The Parks Director informed the Commission that this items has been withdrawn as the outlet has been removed from the Commons, and the Building Official has confirmed the removal. ,n ,n n i I, , # I ,I, MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION JUNE 9, 1994 pUBLIC LAND PERMITS: DOCK SITES O2665J 12550~ 13810, 22360.31360, 31390, AND 5103q Perks Director, Jim Fackler, reviewed the staff report. The City of Mound is updating the permits for structures located on public lands. Staff recommended approval of the Public Land Permits as shown on Exhibit A, below, subject to the following conditions: Permits shall be approved according to the "Recommendation/Comments" noted on Exhibit A. 2. The permits will expire five (5) years from the date of City Council approval. 3. The permits must be renewed with change in dock license holder. The applicant's dock license will not be issued if compliance to these conditions has not been achieved within one year of the date of approval of the permit. The Park Commission reviewed each site separately. WIOTA COMMON, SHORELINE TYPE D 12550 17'29 GULL LANE OLD CONCRETE STAIRWAY UNSAFE. STAIR AND DOCK SPACE ARE Rose Bialon BLOCK STAIRWAY NOT USED AT THIS TIME. RECOMMENDATION IS FOR STAFF TO WORK WITH ABUTTING OWNER TO REMOVE STAIRWAY AND DOCK LICENSE WILL NOT BE ISSUED UNTIL STAIRWAY ISSUE IS RESOLVED. The Parks Director explained that the Building Official has discussed this issue with Ms. Bialon, and she will try to arrange to have the blocks removed. MOTION made by Goode, seconded by Ahrens, to recommend that the City work with Mrs. Bialon to remove the cement block stairway, and that the applicant's dock license not be issued if compliance has not been achieved within one year of the date of approval of the permit. MOTION carried unanimously. CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA ,55364-1687 :"~" ~"~612) 472-0600 FAX (612) 472-0620 Memorandum DATE: TO: FROM: SUBJECT: June 9, 1994 Park and Open Space Commission Meeting Park & Open Space Commission, Applicants, and Staff Jon Sutherland, Building Official ~' Jim Fackler, Parks Director ~ PUBLIC LAND PERMITS FOR DOCK SITES: 0266~, 12550) 31390, AND 51030. 1381~31360, The City of Mound is updating the permits for structures located on public lands. City Code Section 320, requires City Council approval by a four-fifths vote for Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons. Staff recommends approval of the Public Land Permits as shown on the attached Exhibit A, subject to the following conditions: 1. Permits shall be approved according to the "Recommendation/Comments" noted on the attached Exhibit A. 2. The permits will expire five (5) years from the date of City Council approval.. 3. The permits must be renewed with change in dock license holder. 4. The applicant's dock license will not be issued if compliance to these conditions has not been achieved within one year of the date of approval of the permit. printed on recycled paper dll Il la I Lan, , ii, Ii ii, Park and Open Space Commission Meeting June 9, 1994 "EXHIBIT A" Public Land Permits It ~i::!::~::~!~!iii::!~i~::~::~!~iii:~i~:.`;:~!ii::~]::iiiii!::ii~/:!~::::~i~i~:~ii::i~::i!~!!i[i]:::::~iii:~:~i:~i!i~:::iii~i i:. i:: ::::::::::::::::::::::::::: t I ::::::::::::::::::::::::: ::::::::::::::::::::::: i:::: i ! :~ II 02665 ] I 1601 PARADISE LANE I NEW STAIRWAY APPROVE 5 YEAR PERMIT. INSTALLATION AS Cynthia Cornetet REQUIRED BY THE BUILDING OFFICIAL. WIOTA COMMON, SHORELINE TYPE D 12550 1729 GULL LANE OLD CONCRETE STAIRWAY UNSAFE. STAIR AND DOCK SPACE ARE Rose Bialon BLOCK STAIRWAY NOT USED AT THIS TIME. RECOMMENDATION IS FOR STAFF TO WORK WITH ABUTTING OWNER TO REMOVE STAIRWAY AND DOCK LICENSE WILL NOT BE ISSUED UNTIL STAIRWAY ISSUE IS RESOLVED. 13810 1749 AVOCET LANE ELECTRIC LIGHT, REMOVE - INCONSISTENT WITH GUIDELINES. Bob & Sharon Riebe OUTLET, AND PUMP WATERSIDE COMMON, SHORELINE TYPE D 22360 DELETE* 2149 CARDINAL LANE I ELECTRIC OUTLET I REMOVE - INCONSISTENT WITH GUIDELINES. Willard Botko [ [*HAS BEEN REt, lOvED PER BEV BO'FKO 6-6-94 BLACK LAKE LANE, SHORELINE TYPE D 31360& 4608 KILDARE ROAD NEW STAIRWAY APPROVE § YEAR PERMIT. INSTALLATION AS Bill Voss REQUIRED BY THE BUILDING OFFICIAL. 31390 4610 KILDARE ROAD Todd Smith 51030 2933 CAMBRIDGE LN Beverly Christianson BRIGHTON COMMON, SHORELINE TYPE D REPLACE EXISTING STAIRWAY APPROVE 5 YEAR PERMIT. INSTALLATION AS REQUIRED BY THE BUILDING OFFICIAL. m · m m ~, i ~ B I Conversation Record CONVERSATION WITH: REGARDING: JI · I I, ~ ,It I ,I, May 26, 1994 CITY of MOUND 5341 MAYWOOD ROAD MOUND, M;!,%E$OTA 55364-!687 (6:2 472 0600 FAX -..*'2) 472-0620 Ms. Rose Bialon 1729 Gull Lane Mound, MN 55364 RE: CONCRETE BLOCK STAIRWAY TO DOCK SITE//12550 Dear Ms. Bialon: City staff is updating permits for stairways and other things that are on the commons. Adjacent to your house at 1729 Gull Lane, and on the commons, is a small concrete block retaining wall and some concrete blocks set into the hill as a stairway to get to the lake. Permits are issued to abutting owners who, at some time, made the improvements (please note attached photocopy). The retaining wall appears to be in okay condition and staff will recommend that a five (5) year permit be issued by the Council. There is no cost or fees involved with permits on the commons. The concrete block stairway has some loose blocks and is not really safe, according to today's building code standards. This stairway does not appear to be used, and a dock permit for this site has not been issued for some time. Staff has recommended that the Council direct us to work with you to get the stairway removed. The Park Commission has requested staff to discuss the removal with you, and report back to them. I have attempted to call you at 379-3071 and there has been no answer. I have scheduled this case for the June 9, 1994 Park Commission meeting. Please contact me prior to that date so we can discuss the stairway removal. Building Official JS:pj cc: Jim Fackler, Parks Director Park Commission Enclosurs ~ printed on recycled paper Park and Open Space Commission Minutes February 1 O, 1994 MOTION made by Goode, seconded by Casey, to recommend approval of a th~ year non-renewable permit for the bird house located on Wiota Common abutting 1779 Wildhurst Lane, Dock Site #10520. Motion carried 6 to 1. Those in favor were Goode, Casey, Darling, Byrnes, Meyer, and Geffre. Ahrens opposed. The Commission confirmed with staff that e letter will be mailed to the owner of 1779 Wildhurst Lane explaining the action taken. Dock Site #12490, 1733 Gull Lane. Retainin(~ Walls. The retaining walls on Wiota Common abutting 1733 Gull Lane, Dock Site #12490 were discussed. It was noted that the walls were privately constructed and they are in good condition. MOTION made by Byrnes, seconded by Goode to recommend approval of a 5 year permit for the retaining walls as recommended by staff. Motion carried unanimously. 29 Gull Lane. Stairway. Fackler explained that this stairway consists of cement blocks imbedded into the hill. dock site is not utilized by the abutting owner or any other individual. This Fackler noted that there is not much need for a stairway in this area as there is a stairway at the end of gull, and then the bottom of the hill is traversable to this dock site. Fackler also noted that the slope is not so steep that it would not be difficult to repair the grade. MOTION made by Ahrens, seconded by Byrnes to tabl_..._~e this request u~ntil staff ~can disc,uss removal q.f the. stairway,with the abutting owner. Motion carried 6 to 1. Those in favor were: Ahrens, Byrnes, Goode, Casey, Geffre, and Meyer. Darling opposed. Dock Site 12610, 1725 Finch Lane, Flea Pole, Fackler announced that this flagpole has been removed from the common. Dock Site #13390, 1736 Bluebird Lane, St~3irway, Retaining Wells and Garden. The need for this retaining wall was discussed. The abutting owner, Scott Schmieg, stated that the previous owners of the house told him that the City installed the wall. Fackler stated that he is not familiar with the site. MOTION made by Darling, seconded by Meyer to table this request pending a staff report on the need for the retaining wall. Motion failed 5 to 2. Those in favor were Darling and Meyer. Those opposed were Byrnes, Ahrens, Casey, Goode, and Geffre. Mr. Schmieg stated that it is his opinion the retaining wall is needed to help prevent erosion; the size of the wall is approximately 2' high by 12' long and is constructed of log timbers. 5 JI · n I I, ,IL I ,I BAY) COg~oN 2-D ([989 AERIAL PHOTO) PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A SPECIAL PERMIT FOR PRIVATE STRUCTURES ON PUBLIC LAND FOR DOCK SITES 51030, 31360, 31390, 02665, AND 1 3810 WHEREAS, the City of Mound is updating the permits for structures located on public lands, and; WHEREAS, City Code Section 320, requires City Council approval by a four-fifths vote for Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, and; WHEREAS, the Park and Open Space Commission has reviewed these requests and recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: of the Public Land Permits as shown on Exhibit A, below, subject to the following conditions: 1. Permits shall be approved according to the "Recommendation/Comments" listed below. 2.The permits will expire five (5) years from the date of City Council approval. The permits must be renewed with change in dock license holder. 4. The applicant's dock license will not be issued if compliance to these conditions has not been achieved within one year of the date of approval of the permit. PEBBLE BEACH COMMON, SHORELINE TYPE A/D 02665 I 1601 PARADISE LANE NEW STAIRWAY APPROVE 5 YEAR PERMIT. INSTALLATION AS I Cynthia Cornetet REQUIRED BY THE BUILDING OFFICIAL. WIOTA COMMON, SHORELINE TYPE D 13810 I1749 AVOCET LANE Bob & Sharron Riebe ELECTRIC LIGHT, OUTLET, AND PUMP APPROVE OUTLET, LIGHT, AND PUMP ACCORDING TO //15 ON THE FLOW CHART, "GRANT PERMIT UP TO 3 YEARS AND RENEWABLE" BLACK LAKE LANE, SHORELINE TYPE D NEW STAIRWAY 31360 & 31390 4608 KILDARE ROAD Bill Voss 4610 KILDARE ROAD Todd Smith APPROVE 5 YEAR PERMIT. INSTALLATION AS REQUIRED BY THE BUILDING OFFICIAL. BRIGHTON COMMON, SHORELINE TYPE D 51030 2933 CAMBRIDGE LN Beverly Christianson REPLACE EXISTING STAIRWAY APPROVE 5 YEAR PERMIT. INSTALLATION AS REQUIRED BY THE BUILDING OFFICIAL. MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION JUNE 9, 1994 PUBLIC LAND PERMITS: DOCK SITE~-~'~_., 12550.13810, 22360.31360.31390, AND 51030 Perks Director, Jim Fackler, reviewed the staff report. The City of Mound is updating the permits for structures located on public lands. Staff recommended approval of the Public Land Permits as shown on Exhibit A, below, subject to the following conditions: Permits shall be approved according to the "Recommendation/Comments" noted on Exhibit A. 2. The permits will expire five (5) years from the date of City Council approval. 3. The permits must be renewed with change in dock license holder. The applicant's dock license will not be issued if compliance to these conditions has not been achieved within one year of the date of approval of the permit. The Park Commission reviewed each site separately. PEBBLE BEACH COMMON, SHORELINE TYPE A/D 1601 PARADISE LANE NEW STAIRWAY APPROVE 5 YEAR PERMIT. INSTALLATION AS Cynthia Cornetet REQUIRED BY THE BUILDING OFFICIAL. The Parks Director explained that this is a new stairway to an existing dock site. MOTION made by Ahrens, seconded by Darling, to recommend approval of the stairway, as recommended by staff. Motion carried unanimously. MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION JUNE 9, 1994 PUBLIC !~AND PERMITS: DOCK SITES 02665. 12550F~-J22360, 31360, 31390, AND 5103,', Parks Director, Jim Fackler, reviewed the staff report. The City of Mound is updating the permits for structures located on public lands. Staff recommended approval of the Public Land Permits as shown on Exhibit A, below, subject to the following conditions: 1. Permits shall be approved according to the 'Recommendation/Comments' noted on Exhibit A. The permits will expire five (5) years from the date of City Council approval. The permits must be renewed with change in dock license holder. The applicant's dock license will not be issued if compliance to these conditions has not been achieved within one year of the date of approval of the permit. The Park Commission reviewed each site separately. J 1749 AVOCET LANE J ELECTRIC LIGHT, J R~MOVE - INCONSISTENT WITH GUIDELINES. ..... J Bob & Sha*'on Riebe J OUTLET, AND J I I PUMp I The Parks Director explained to the Commission that staff determined the light, outlet, and pump should be removed from the commons, as it is inconsistent with the guidelines. When staff applied the flow chart to this request, they determined the light, outlet and pump will not "enhance end encourage the use of the public lands by the general public.* Both Goode and Ahrens disagreed and feel a permit should be granted for three yeers, end renewable. Goode noted that the light is not obtrusive, and the pump end outlet are used to water the lawn which is not · negative impact. Ahrens emphasized thet abutters are also part of the *general public". The Parks Director asked the Commission to consider how this epproval could set a precedence for other cases. Schmidt suggested that the pump and electric be allowed to remain, but that the light be moved to private property. Meyer noted that the electric in the light post could be capped within e box that could be level with the grade, and an extension cord of about 4 feet long could then be extended to the pump on the dock. MOTION made by Casey to recommend that the light, outlet, and pump be removed, as recommended by staff. Due to lack of a second, the motion failed. Geffre noted that the Commission has already recommended approval of pumps on other docks. MOTION made by Darling, seconded by Steinbring to recommend that the pump and outlet be allowed to remain with the outlet box flush to the ground, and that the light be relocated onto private property. It was noted that this light is a good 70 feet +/- from private property. Ahrens stressed that this area is different, and the light is not obtrusive and it should be allowed to remain. The Guidelines for Lights on the Commons were reviewed and Ahrens noted that she does not agree with the guidelines. Goode emphasized that this light is existing, and it should be allowed to remain, but if it were a request for a new light she would look at it differently. Darling withdrew his motion. MOTION made by Ahrens, seconded by Schmidt to recommend approval of the outlet, light, and pump according to//14 on the flow chart, which states, "Grant permit up to 5 years and renewable. The motion was subsequently withdrawn by Ahrens. MOTION made by Geffre, seconded by Darling to recommended approval of the light and outlet accoarding to //16 on the flow chart, "Grant permit up to 3 years, not renewable. To be checked annually.' Byrnes stated that she in not in favor of the motion because of the "not renewable.' It was discussed that the option should be available to have the light and electric renewable. MOTION made by Goode, aeconded by Ahrens to recommend the outlet, light, and pump be permitted according to//15 on the flow chart, 'Grant permit up to 3 years and renewable.' MOTION carried 6 to 3. Thoae In favor were: Goode, Ahrens, Byrnea, Schmldt, Steinbrlng, and Geffre. Dading, Casey, and Mayer were opposed. Casey commen,ed tha~ he was in favor of staff's recommends,ion. MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION JUNE 9, 1994 PUBLIC LAND PERMITS: DOCK SITES 02665, 12550, 13810, 22360.~31~60, 3_1390JAND 5103n Parks Director, Jim Fackler, reviewed the staff report. The City of Mound is updating the permits for structures located on public lands. Staff recommended approval of the Public Land Permits as shown on Exhibit A, below, subject to the following conditions: Permits shall be approved according to the "Recommendation/Comments" noted on Exhibit A. 2. The permits will expire five (5) years from the date of City Council approval. 3. The permits must be renewed with change in dock license holder. The applicant's dock license will not be issued if compliance to these conditions has not been achieved within one year of the date of approval of the permit. The Park Commission reviewed each site separately. BLACK LAKE LANE, SHORELINE TYPE D 31360 & 4608 KILDARE ROAD NEW STAIRWAY APPROVE 5 YEAR PERMIT. INSTALLATION AS Bill VOSS REQUIRED BY THE BUILDING OFFICIAL. 31390 4610 KILDARE ROAD Todd Smith The Parks Director explained that this will be a new stairway to be shared between two dock site holders. MOTION made by Schmidt, seconded by Darling, to recommend approval as recommended by staff. Motion carried 8 to 1. Those in favor were: Ahrens, Darling, Goode, Byrnes, Schmidt, Geffre, Meyer, and Steinbring. Casey abstained. Casey explained that he did not get a chance to look at the site. ~ ii, ,it, il ,11, MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION JUNE 9, 1994 PUBLIC LAND PERMITS: DOCK SITES 02665, 12550, 13810, 22360, 31360, 31390, AN d__51030--] Parks Director, Jim Fackler, reviewed the staff report. The City of Mound is updating the permits for structures located on public lands. Staff recommended approval of the Public Land Permits as shown on Exhibit A, below, subject to the following conditions: Permits shall be approved according to the "Recommendation/Comments" noted on Exhibit A. 2. The permits will expire five (5) years from the date of City Council approval. 3. The permits must be renewed with change in dock license holder. The applicant's dock license will not be issued if compliance to these conditions has not been achieved within one year of the date of approval of the permit. The Park Commission reviewed each site separately. BRIGHTON COMMON, SHORELINE TYPE D Beverly Christianson STAIRWAY REQUIRED BY THE BUILDING OFFICIAL. 51030 The Parks Director explained that this request is to replace an existing dilapidated stairway. MOTION made by Ahrens, seconded by Darling, to recommend approval as recommended by staff. Motion carried unanimously. CITY of MOUND 5341 M" ','WOOD ROAD MOUND:. M',t',,"~.ESOTA 5536.'-1687 .... ' ,'¢6' £ 472.0600 FAX Et2) 472-0620 Memorandum DATE: TO: FROM: SUBJECT: June 9, 1994 Park and Open Space Commission Meeting Park & Open Space Commission, Applicants, and Staff Jon Sutherland, Building Official Jim Fackler, Parks Director ~ (.,/- - PUBLIC LAND PERMITS FOR DOCK SITES: 02665, 12550, 13810, 22360, 31360, 31390, AND 51030. The City of Mound is updating the permits for structures located on public lands. City Code Section 320, requires City Council approval by a four-fifths vote for Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons. Staff recommends approval of the Public Land Permits as shown on the attached Exhibit A, subject to the following conditions: Permits shall be approved according to the "Recommendation/Comments" noted on the attached Exhibit A. 2. The permits will expire five (5) years from the date of City Council approval.. 3. The permits must be renewed with change in dock license holder. The applicant's dock license will not be issued if compliance to these conditions has not been achieved within one year of the date of approval of the permit. ~ oriPte~ o~ recvc!ed ¢3cer Park and Open Space Commission Meeting June 9, 1994 "EXHIBIT A" Public Land Permits 1729 GULL LANE Rose Bialon 12550 1381O WIOTA COMMON, SHORELINE TYPE D OLD CONCRETE BLOCK STAIRWAY 1749 AVOCET LANE ELECTRIC LIGHT, Bob & Sharon Riebe OUTLET, AND PUMP STAIRWAY UNSAFE. STAIR AND DOCK SPACE ARE NOT USED AT THIS TIME. RECOMMENDATION IS FOR STAFF TO WORK WITH ABUTTING OWNER TO REMOVE STAIRWAY AND DOCK LICENSE WILL NOT BE ISSUED UNTIL STAIRWAY ISSUE IS RESOLVED. REMOVE - INCONSISTENT WITH GUIDELINES. BLACK LAKE LANE, SHORELINE TYPE D 31360 & I 4608 KILDARE ROAD I NEW STAIRWAY I APPROVE 5 YEAR PERMIT. INSTALLATION AS J Bill Voss J j 3139o 14510KILDARE ROAD I REOU~RED BY THE BUILDING OFFICIAL. ~dd Smith I CITY PUBLIC LAND PERMIT APPLICATION OF MOUND, 5341 Mavwood Road, Mound MN Phone: 472-0600, Fax: 472-0626 55364 DISTRIBUTION: BUILDING OFFICIAL PARKS DIRECTOR DNR MCWD DATE RECEIVED PARK MEETING DATE CITY COUNCIL DATE ~ che__~ one) I~1 I--I I. I~1 I.. I CONSTRUCTION ON PUBLIC LAND PERMIT - new construction. NOTE: NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOAT HOUSES OR OTHER BUILDINGS ON PUBLIC LAND (City Code Section 320, Subd. 1). PUBLIC LAND MAINTENANCE PERMIT - to allow repairs to an existing structure (City Code Section 320, Subd. 3}. CONTINUATION OF STRUCTURE - to allow an existing improvement to remain in an "as is" condition (City Code Section 320, Subd. 3). LAND ALTERATION - change in shoreline, drainage, slope, trees, vegetation, fill, etc. (City Code Section 320, Subd. 4). like boat houses, patios, sheds, etc. are all NONCONFORMING USES. It is the intent of the City to bring all these uses into conformance which means that those structures will at some time in the future have to be removed from the public lands. All permits are granted for a limited time and are non-transferable. Stairway construction must meet the State Building Code when the permit is for new construction, or a new permit is applied for due to change in dock site holder. Applicant Name Jy/4~ ~f~. (~/~ ~:f' Address /~ /~c/. ,,~.-,;/~-,,.,. Phone (home) ~7~ ~:~/~ (work) Abutting Address ~ ~6~ ~r);~/~, Property Owner ~ ~~ [~ ~ '~o~~'~/~63 Legal Lot ~ / Block Description Subd. Pub 1 i c Name~ Property Dock Site $ Shoreline Type. Contractor Name ~~ O Address ~~) ~<~ ~, VALUATION/PROPOSED COST OF PROJECT (INCLUDING LABOR & MATERIALS): ~~3,~ Signature of Applicant Date ~A¥-2~-94 TUE 13:23 AP TECHNOLOGY il,, ~, ,il FAX NO, 6126280106 P, 01 i~j~i;'~i~il Cynthia Li~ns ~:=~=~==~=~,,.~{i...~.:=~= Proposed Exterior Stair Number of pages Including cover sheet: 2 AP Technology Managem t't, Inc. 600 West County Road D ~ ./ New BHghton, MN S&ll2 USA axCoverS ~l~J~ Building & Zoni .............................. Message: Attached you will find the drawing for the proposed stair to be constructed at the waterfront near my home. The total rise is approximately 7'-0' and the total run is approximately 23'-0"; the step rise and run will be in accordance with the Uniform Building Code. Thank you for your consideration. Please call if you have any questions or comments. RRY-24-94 TUE 13~24 RP TECHNOLOGY F~qX NO. 6126280106 P. 02 WOO0 DECKING I 2 X MIN.; NOSING STEEL ANGLE BEYOND "TREADS ANO RISERS 2 X MIN. _J CARRIAGE -CHAMFER STEEL ANGLE WITH LAG BOLTS TO HEAVY TIMBER STAIR ,~TE EL ANGLE WITH LAG OR THROUGH BOLTS TO ROUGH HORSE CARRIAGE ~ AND ~IAGE ~ECTION 13-117-24 GOVT--~T ......... 15~ I. 5,1 RES ....... (WEST ARM) MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION APRIL 14, 1994 BATCH 3: Wlota Common, PeabodY tane. Waterside Common. ton~ford Road. Kenmore Common. and Excelsloc Lane Parks Detecto(, Jim Facklar, reviewed the report fo( Batch 3. City staff is in the Ixocess of updating permits fo( encroachments on pubr. c lands as directed by the City Council. Special permits are required for I~ivata structures located on pubfic lends as specified in City Code Sect;on 320. Staff recommended approval of Public Land Permits ss listed on "Batch #3", es fMowa: t. Unless otherwise noted in the *Comments/1:~ecommendation" column on the attached 'Batch 4'3", permits shall be approved acco(ding to (14) on the Decision Row Chart, "Grant Permit up to 5 Years and Renewable." 2. The permits will expire five (5} years from the date of City Council approval. 3. The permits must be renewed with change in dock license holder. 4. All electrical work on public p~operty ia required by State law to be installed by a qualified licensed electrical contractor and inspected and approved by the State Electrical Inspecto(. The City Council must first approve of the proposed installation. A scaled site plan must be submitted showingin detail the location of ail electrical sewices on the public land. All power supply to the abutting property must be p~opedy disconnected until such wo(k is approved by the City Council. 'l~e applicant must verify disconnection with staff. Ail these requests will be fo(warded to the City Council fo( final action on April 26, 1994. The Commission determined to review each dock site individually. WIOTA COMMONS, CLASS D DOCK SITE ABUTTING ADDRESS ENCROAC34MENT COMMENTSA~COMMENOATtON 13810 1749 AVOCET LANE OUTLET&PUMP API~OVE PERMIT PENDING UPDATE TO COOE. ELECTI~C LIGHT liE. MOVE - INCONSISTENT WlTH GUIDEUNE$. The Parks Directo( clarified that there are not other lights, outlets o( pumps on Wiote Commons, and suggested the Park Commission review the guidelines fo( lights. As questioned by Ahrens, Fackler noted that staff does not feel this light compass with I1 of the Guidelines fix Allowing Lights on Public Lands, which states, "Lights are allowed only to illuminate substantial safety hazard areas such es stairways with an excessively steep incline, end fo( substantial security reasons." Bob Riebe explained to the Commission that he would like the light, outlet, end pump to remain. He explained that the light was installed in 1984 by Glen Neddemeyer and that it is installed to code. The pump is attached to the dock in the summer and is removed in the winter. The pump utilizes the electrical outlet on the light, and the pump is hooked up to the underground slxinkler system. Their propem/is the end of the commons that abuts properties with private lakesh~e, and they all have lights just like this one so he does not see how his light would look out of plK:e. Cesey questioned if the outlet could be moved onto private property and how this would wo(k, mechanically. The applicant stated that an extension co(d would have to run from the outlet, across the commons, to the pump. Schmidt noted that the LMCD is reviewing their light policy and maybe this issue should be tabled until they complete their policy review. Darling summarized that this light is on public land and questioned if the light gives the impression that this is private lend. He also questioned how this light pole compares to a l~rd house which was previously reviewed, end stressed the need fo( consistency of standards by ~ Commission. It was noted that the light pole ia 120' +/- from the applicant's house. MOTION made by Cesey to recommend approval of staff mcommendaEon for removal of the light, and to table the portion of tho request relating to the oudet and the pump In order to determine the respective benefits. Motion seconded by Dugng. Casey requested that the cost for removal of the outlet and pump be provided by the applicant. Ahrens commented that the cost should not be e consideration. Mr. Riebe stressed that fact that the pump is used to water the commons sue and it would be an injustice to not approve the pump end outlet which have exJstad fo( ten years. MOTION oarrted $ to 3. Those In favor were: Dallng, Cassy, Meyer, (:3afire, end Stelnbdng. Those opposed were: eyrnoe, Alvene, end Schnddt. Cesey commented that he would like to see the mechanics of how the IXXnp works because he cannot see the burden o( hardship for the landowner to place this equipment on their own property. There was some discussion about the difference in taxes between private lakeshore property and properties that abut the commons. II ,I J i, LJ , I1 I ,~ V C,',Z g 'F /.- zv PUBLIC LAND PERMIT APPLICATION CITY OF MOUND, 5341 Maywood Ro.ad. Mound, bin Phone: 472-0/500, Fax. 472-0620 55364 ~ISTRIBUTION: BUILDING OFFICIAL -PARKS DIRECTOR -DNR MCWD DAT". ' ECEIVED_ PARK MEETING DATE COUNCIL DATE ~check ,one): ~e CONSTRUCTION ON PUBLIC LAND PERMIT - new construction. NOTE: NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOAT HOUSES OR OTHER BUILDINGS ON PUBLIC LAND (City Code Section 320, Subd. 1). e ~ PUBLIC LAND MAINTENANCE PERMIT - to allow repairs to an existing structure I I (City Code Section 320, Subd. 3). ~ ~ CONTINUATION OF STRUCTURE to allow an existing improvement to remain in an "as is" condition (City Code Section 320, Subd. 3). ~. _~ LAI~D ALTERATION - change in shoreline, drainage, slope, trees, vegetation, fill, etc. (City Code Section 320, Subd. 4). like boat houses, patios, sheds, etc. are all NONCONFORMING USES. It is the intent of the CltF to bring all these uses into conformance which means that those structures will at some time in the future have to be removed from the public lands. All permits are granted for a limited time and are non-transferable. StairwaF construction must meet the State Building Code when the permit is for new construction, or a new permit is applied for due to change in dock site holder. Applicant Name Property O~er Legal Lot .x Block Description Su~. Property Dock Site $ ~/3~ /~/f~ Shoreline T~e.J~ Address ~ - Phone ~ - VALUATION/PROPOSED COST OF PROJECT (INCLUDING LABOR & MATERIALS) Signature/f AppliCant Date Il ? ~ 18 lg (62) ~ ~_o_ _, ~ _, i_ ._ ~_s_ _ -/ RD (4)'\ . FROM : ACAD - ~v C. PHONE NO. : 612 472 1347 Ma~, 15 1994 10:54PM F~ PUBLIC LAND PERMIT APPLICATIOI CITY OF MOUND, 5341 Maywood Road. Mound. MN Phone: 472-0~00, FaX: 472-0620 55364 ~0FFICIAL PARKS DIRECTOR DNR MCWD CITY COUNCIL DATE= Icheck lone), , _, CONSTRUCTION ON PUBLIC LAND PERMIT - new construction. NOTE: NO PKRHIT SHALL BE ISSUED FOR CONSTRUCTION OF BOAT HOUSES OR OTHER BUILDINOS ON PUBLIC LAND (City Code Section 320, Subd. 1). JX~J PUBLIC ~D ~INTXN~CE PE~IT - to allow repairs to an existing ot=u~ture (City Coda Section 320, $ubd. 3). ~--~ CONTI~ATION OP STRUCTURE to allow an existing ~provemant to =e~a~n in I I -- an "as is' condition (City Coda Section 320, Subd. 3). I--I ~ ~D ALTE~TION - change in shoreline, drainage, slo~, tr.es, vegetation, f~ll, e~c. (Cl~y Code Section 320, Subd. 4). like boa~ houses, p~t~o., sheds, etc. sro all NONCONFO~IN~ USES. It Is the intent of the CLtF to bring all these uses into oonfo~ance which means that those structures will at some tho In tho future have to bo removed from the p~lLc lands, All po~ta are granted for I lhited tine and are non-transferable. Sta~a~ const~ctlon must -eat the State BuLldLng ~de uhon the pem~t La for nov construction, or a nov pe~t Ls applLed for duo to change ~ dock s~te holder. Address. 2933 Cambridoe Lan~ Phone (home) 472-8082 (work) _ ~escription Subd. ' ' Public Name_Beve Property Dock Site # ~o~n Shoreline Type~n m~-w Contractor Name se~£ Address, - Phone VALUATION/PROPOSED COST OF PROJECT (INCLUDING LABOR &MATERIALS): DESCRIBE REQUEST& PURPOSE: ~epair exist/no stairs to sob _ .gnatu~ of Applicant Date - Bm~mrlw I'1 Chrl~tl~n~on PHOI,~ I,,113. ; ~2 Q72 8002 P01 Company: City of_Mo_und Attention: Jon Sutherland FAX Number: .472-06_20 Pa§e Count: 1 ot' 2 S/24/94 I'm not pleased with ~ drawings, but I leave for Canada tomorrow ~fternoon. If I'm goir~ to comply. I need to get something to you tonight. Any corrections you might h~ve, ! hope be ~bte to resubmit a new drawing tomorrow. I hope to fix the stairs told-June ~nd to do zhat i need to get ~e permit. Please call me before ngo,, will, ~'9' ch~u,ge$ you have. ! w~nt to th~nk you for III ~f),our help. Thirds here aren't pcb-feet ~nd It will t~k¢ time ener~, to 8et ever),thir~ to m norrned state. I~ven if over, in8 here wa~ perfect, I ~tlll wouldn~ ~ntlelp~te ~et~lng ~he klmd of re=pon-.e ~nd cooper~on you've ~iven me. Thenk you. Sincerely, Beverly M. Chri~tian~on 2933 Cambridge Lane Mound, Minnesota .55364 Phone 612-472-8082 FAX 61 2-4)2-1347 FROH ; Bewerlw ['I Chrl~l~n~on PHONE biO. 612 472 8882 P02 36 Inches Commons Landing to Lake Top View of Repairs to Existing Stairs on the Commonns First set of Stairs to the Lake Side View of Stairs Inches Inches {Not drawn to scale) tandln# I~ween ~l~t set and second sel of st~lr~ Maximum .~ize 32 square feet Second set of stairs tO the Lake I 36 Inches I Lake Minnel.onka FROM : ACAD - Bev C. PHONE ND. : 612 472 1~7 Maw. 15 1994 10:53PM ComPany: ._C:i_~ of Mound Attention: pe_~Z .... FAX Number: 472-0620 Page Count: 1 of 2 S/I 5/94 Dear Peggy, I'm not sure I'm addressing this to the right person, but I'm confident you will be kind enough to redirect this to the right person. There is a recent Survey ot' the property on file and I'm requesting permission to repair an exlstlng stairway to the lake. I have a few concerns. There Is an existing landing that may have to be replaced with something smaller to comply with the new regulations. I am scheduled to be out of town May 2S-29th and June 4-18th. Can I have another person represent me at the meetings, If I'm out of town? If you can answer my questions or require additional information, please call me. Sincerely, Beverly M. Christianson Beverly M. Christianson 2933 Cambridge Lane Mound, Minnesota ,55364 Phone 61 2-472-8082 BUS (612~ 544-7619 SURVEYIN~ & LANE) PL ANNINO 590~ GOLDEN VALLEY ROAD, SUITE 223, GOLDEN VALLEY. MN 35422 Certificate of Surv E HAROLD CHRISTIANSON L... 180 E ~ ISTING DECK o~ L L E Y --I00.OO-- HOUSE d.--6'WOOD F['~C.:F.. --IOO. OO-- ',1 ,I /'EXISTING ~ I ~ /. G A~,~ /. ~ I ,q - --2.3. Z ....... 0 Denotes Iron. _~,)E$CRIPTIDN OF PROPERTY: Lots 7{8~ WYCHWOOD HEN~EPI~ C0~ MI~/, SCA LE: '1"= 20' WE HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF THE I,AND ABOVE DESCRIBED AND OF file LOCATION Of ALt. BUILDINGS iF ANY THEREON, AND ALl VISIBLE ENCROACHMENTS, rF ANY, FROM OR ON SAID LAND Dated th,,. /~"'"'"/ day al.. "4;;z"::s~"'~ _A.D. 19~'~ Su, veyar M~,~ halOID Reglltrol,on NO /-~ ~ ~.%'-" Book 13 Page... 73 Sec ~-~ T. ~ R. _~, L KE RIGHTON bric. ret (4o) (4o) 34~ 140) /~5.00 Wood _Conc. C6nc. Walk walk 8005 --.. Conc. ret. wall 101. 04 (52) wail- ~ st~wy (40) 7 ~ I0 9 (.go) (52) (40) 10/. O0 ( COOK' ~5 s , 24.117 12-B (8'1 '~YCH~O00 40 ,o~ AFTON RD LESLIE RD ': ~L~O~ ~ s~7~,o MANC.~ [STER '11 PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A -SPECIAL PERMIT FOR PRIVATE STRUCTURES ON PUBLIC LAND INCLUDING A RETAINING WALL, STAIRWAY, AND LAND ALTERATIONS ON DEVON COMMON ABUTTING 4737 ISLAND VIEW DRIVE LOT 7, BLOCK 7, DEVON DOCK SITE #42351 WHEREAS, the City of Mound requires permits for private structures located on public lands, and; WHEREAS, City Code Section 320, requires City Council approval by a four-fifths vote for Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, and; WHEREAS, on May 25, 1993 a permit for a stairway was granted for this dock site, Resolution//93-68, which has now expired, and; WHEREAS, The City and the previous owner at 4729 Island View Drive, Mr. Dean Hanus, were involved in litigation in which the City prevailed and obtained an order for removal of the boathouse on the abutting commons. The boathouse was partially removed by Mr. Hanus and restoration is still incomplete WHEREAS, new owner of the abutting property, Michael Henry, has revised the plans for the abutting commons and has submitted an application for a permit to lower the height of the existing retaining walls, modify the slope to a more natural grade, and fill in the old boathouse, and install a new stairway. This plan utilizes existing on-site materials and modifies the slope to a more natural grade, and; WHEREAS, this proposal is a combination and compromise of the applicant's initial request and the City's staff recommendation, and; WHEREAS, the Park and Open Space Commission has reviewed this request and unanimously recommended approval with conditions as recommended by staff. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: To approve a Permit to a one year permit to complete the alterations on the commons according to the plan and specifications as submitted (Exhibit A), w!th the following conditions: Full compliance with the escrow agreement dated June 1, 1994 as prepared by the City Attorney. JI I I I ~n~ ,It I ,ii Proposed Resolution Page 2 The new stairwav shall be installed to code as required bv the Building Official. The applicant is responsible for all costs incurred, including installation and maintenance of the retaining walls and stairways. If compliance has not been achieved within one year of date of approval of the permit, the applicant's dock license will be revoked until all provisions in the permit are met. If the applicant has not completed all the necessary work set out in the permit within one (1) year of approval of this resolution, any rights to construct or maintain these allowed improvements on public land shall be considered revoked and City staff is authorized and directed to proceed to remove all improvements and complete restoration not authorized and approved by the City Council. The permit will expire five (5) years from the date of City Council approval, in the event full compliance with the resolution is achieved within one (1) year. f. The permit must be renewed with change in dock license holder. g?~A cope of this resolution granting ~ sp~ial permit shall be f~ed as a ~ ememorial in the office of the registrar of titles of Hennepin County or in ~the office of the County Recorder if the property is abstracted property. ~The legal description of this property affected by this permit is: Lot 7, Block 7, Devon. The applicant shall file and pay the costs of filing a Certified copy of this resolution. A copy of the recorded document with all recording data shown by proper County officials shall be submitted to the City Clerk. *The City Attorney may advise whether item "g." should be included in this resolution. I I I I I , ~, I ,I l'lJJ~$ & $I'ECIIrICATIOM$ FOg PROFOSE3) ~;STOL4.'L'ION .tXD NODXIfIC~?XOI ~O Dm CC~4011, JJOrflK 4737 lll.~l) ~1~ Pf.X~I E X H I B I T 'A' 4737 TS~ V~EW DR~E RESOLUTION tf94- ~ 28, 1994 SLAND VisW ~I~PR~vE~ BY ~aF~', AiL i (Orn~n~ not ~o-~¢n1~ ~ reduced) ~o, Iggl ~ WRI,1,.. , MoDPf 11. lffi',~ Ii,. ADDITIC:,U~L /IND I"IE To' F..,KI%T 1~14,'~ I, IF.E. PF~. JI I I I ~n, ,ii, I ,I MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION JUNE 9, 1994 PUBLIC LAND pERMIT: DOCK SITE 842351, MICHAEL HENRY, 4737 ISLAND VIEW DRIVE, SHORELAND RESTORATION Parks Director, Jim Fackler, reviewed the staff report. The applicant is seeking a permit to lower the height of the existing retaining walls, install a new stairway, modify the slope to a more natural grade, and fill in the old boathouse area using materials from the site, as shown on the attached plan. The proposed work is a combination of the applicant's initial request to extend the expired permit (Resolution//93-68) and the City's staff recommendations. The City and the previous owner at 4729 Island View Drive, Mr. Dean Hanus, were involved in litigation in which the City prevailed and obtained an order for removal of the boathouse on the abutting commons. The boathouse was partially removed by Mr. Hanus and restoration is still incomplete. After resolution of this lawsuit, a Lis Pendens was filed with the County and this put a restriction on the sale of the property. The applicant and staff met on several occasions working out a compromise that we feel is achievable by the applicant and minimizes the level of private encroachment on the public land. Staff recommended approval of a one year permit to complete the alterations on the commons according to the plans and specifications as submitted, with the following conditions: Full compliance with the escrow agreement dated June 1, 1994 as prepared by the City Attorney. 2. The new stairway shall be installed to code as required by the Building Official. The applicant is responsible for all costs incurred, including installation and maintenance of the retaining walls and stairways. If compliance has not been achieved within one year of date of approval of the permit, the applicant's dock license will be revoked until all provisions in the permit are met. If the applicant has not completed all the necessary work set out in the permit, any rights to construct or maintain these allowed improvements on public land shall be considered revoked and City staff is authorized and directed to proceed to remove all improvements not authorized and approved by the City Council. The permit will expire five (5) years from the date of City Council approval, in the event full compliance with the resolution is achieved within one (1) year. 6. The permit must be renewed with change in dock license holder. Chair Schmidt confirmed that the applicant is in agreement with staff recommendation. MOTION made by Ahrens, seconded by Schmidt, to recommend approval of the request as recommended by staff. Motion carried unanimously. The applicant was informed that this recommendation will be reviewed by the City Council on June 28, 1994. CITY of MOUND Staff Report 534! MAYWOOD ROAD MOUND. MINNESOTA 55364-1687 i6~2) 472-0600 FAX 6~2) 472-0620 DATE: June 9, 1994 Park and Open Space Commission Meeting TO: FROM: APPLICANT: Park & Open Space Commission, Applicants, and Staff ¢. Jori Sutherland, Building Official ~(~[.~ Jim Fackler, Parks Director Michael B. Henry ADDRESS: 4737 Island View Drive, Lot 7, Block 7, Devon DOCK SITE: #42351 COMMONS: Devon Commons SHORELINE: Type C SUBJECT: PUBLIC LAND ALTERATION PERMIT Applicant's Request and Background The applicant is seeking a permit to lower the height of the existing retaining walls, install a new stairway, modify the slope tea more natural grade, and fill in the old boathouse area using materials from the site, as shown on the attached plan. The proposed work is a combination of the applicant's initial request to extend the expired permit (Resolution//93- 68) and the City's staff recommendations. The City and the previous owner at 4729 Island View Drive, Mr. Dean Hanus, were involved in litigation in which the City prevailed and obtained an order for removal of the boathouse on the abutting commons. The boathouse was partially removed by Mr. Hanus and restoration is still incomplete. After resolution of this lawsuit, a Lis Pendens was filed with the County and this put a restriction on the sale of the property. The applicant and staff met on several occasions working out a compromise that we feel is achievable by the applicant and minimizes the level of private encroachment on the public land. Please note the attached background information including: 1. Jon Sutherland's letter dated March 4, 1994 to Dean Hanus. Staff Report Henry, 4737 Island View Drive June 9, 1994 Page 2 2. Henry's first letters dated May 3, 1994. 3. Jon Sutherland Response dated May 11, 1994. 4. Ed Shukle's letter dated May 23, 1994. 5. First Security Title letter dated May 27, 1994. Staff Recommendation Staff recommends approval of a one year permit to complete the alterations on the commons according to the plans and specifications as submitted, with the following conditions: Full compliance with the escrow agreement dated ~___/I /~as prepared by the City Attorney. 2. The new stairway shall be installed to code as required by the Building Official. 3. The applicant is responsible for all costs incurred, including installation and maintenance of the retaining walls and stairways. If compliance has not been achieved within one year of date of approval of the permit, the applicant's dock license will be revoked until all provisions in the permit are met. If the applicant has not completed all the necessary work set out in the permit, any rights to construct or maintain these allowed improvements on public land shall be considered revoked and City staff is authorized and directed to proceed to remove all improvements not authorized and approved by the City Council. The permit will expire five (5) years from the date of City Council approval, in the event full compliance with the resolution is achieved within one (1) year· 6. The permit must be renewed with change in dock license holder. JS:pj PUBLIC LAND PERMIT APPLICATION CITY OF MOUND, 5341 Maywood Road. Mound. MN 55364 Phone: 472-0~00, Fax: 472-0620 .... ~ISTRIBUTION: BUILDING OFFICIAL PARKS DIRECTOR DNR MCWD DATE RECEIVED PARK MEETING DATE CITY COUNCIL DATE check ne) CONSTRUCTION ON PUBLIC LAND PERMIT - new construction. NOTE: NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOAT HOUSES OR OTHER BUILDINGS ON PUBLIC LAND (City Code Section 320, Subd. 1). I~1 I PUBLIC IJ%Hl) MAINTENANCE PERMIT - to allow repairs to an existing structure (City Code Section 320, Subd. 3). ~--' CONTINUATION OF STRUCTURE - to allow an existing improvement to remain in an "as is" condition (City Code Section 320, Subd. 3). '~' I~ ~TER~TION - change in shoreline, drainage, slope, trees, vegetation, fill, etc. (City Code Section 320, Subd. 4). lik~ boat houses, patios, sheds, etc. are all NONCO~O~XN~ USES. It Is the intent of the City to brin~ ill these uses into confo~ance which means that those st~ctures will t~e In the fature have to be removed from the p~lic lands. All p~mits are ~ranted for l~lted t~e and are non-transfer~le. Staimay const~ction suet sect the State ~dm when the p. mit is for haw constmction, or I new p.mlt is ~pplied for due to In dock sit~ holder ' Applicant Name /~/~'/ ~ Phone (home) 9~ -/~O J (work) ~utting Address Property Owner ~,% ~f / ~ HCa r/ Legal Lot ~ Block Description Su~. Public Name ~ ~a Property Dock Site $ Shoreline Type Contractor Name K~n Address VALUATION/PROPOSED COST OF PROJECT (INCLUDING LABOR & MATERIALS): DESCRIBE REQUEST & PURPOSE: I Signature of Appl~ic~ .7/ · m I I I I , # I I _,UST t)'PHIDL 6L,~ 1~ VPI1CH E~ST. ~uST,~,t Pt. AU'~I.-5 Al:~PR~vr::b BY' 6"rAl~, AI~L N 5TAI, L ~5 App~ov6C, e.Y 5 ~A1X. NOT P~6c I 1961 J J,, (FOR OFF'-~CE USE ONLY) I,G#NEHAHA CREEK, NA. TERSHED DISll~CI' Hinnetonka, MN 55345. Permit Appllcat4on No. -- Date Received - Notice Sent Agenda Date ' - i. AppI...ZCAI'"XON FOR PERI4IT - FORHA (See Reverse Side For Instructions) :~ ) (Address  (Telephone~ (ZSp~ 3. Perm~Reques~d For:~/~¢~eE~ all appropriate. Stormwater Hanagemeni Plan'" C.~E~"Floodplain Alteration Hetland Alteration O Commercial : C) CI Dredging O Industrial O Institutional or Highway G~ CI ShoreltnelBank Xmprovement O Residential C) Stream/Lake Crossing NOTE: ApPlicants to Lay SandblanKets Hust Use Applicmtton For Fermlt-FOPJ4 B 4. Pro~ect LOCatlOn~q/~O~"~ ~ (Range) (City) (County) (~ Sec.) (Sec,) (Township) 5. 6. If This Pro~ect Requtres Huntctpal Approval or Review, Attach Documentation of Municipal Revtew. - '7.' .l~.,y o~ ~ate~t ~r~am,or ~etland Affect by Runoff From This 5Ire: _~a~ _ ~t~~ ,r6~(/~o~ _ Distance From Pro~ect: 8. Schedule For Construction, Implementation of TemporarY Erosion Controls. Substantial Completion and Restoration: ' co ~ ;f~;~ ~' ~ CITY of MOUND Letter of Agreement 5341 MAYWOOD ROAD MOUND MINNESOTA 55364.' 687 t6121 472-0600 FAX (612) 472-0620 This agreement, by and between the City of Mound, 5341 Maywood Road, Mound, Minnesota,  hereinafter referred to as "City.., and Mound, MN, hereinafter referred to as "Applicant.,, The City of Mound is aware that the applicant is seekin a e from the DNR / Watershed, herei .... g p rmit . nurser re~erred to as "aa~,,. the following improvements:~~S~or~ ~, ~ ....z , to make on the public property known as ~ The ApPlicant is not a representative of the City and is personally requesting the permit from the agency. The Applicant shall apply to the agency as an "applicant. and list the City as the "owner,. to ensure that the City is kept apprised of all actions during the permit process. When the agency has completed processing the application, the agency shall convey their recommendation to the City of Mound, and the City of Mound will complete the Public Lands Permit process. Signatures Pp lcant DATE printed on recycled paper CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 {612) 472-0600 FAX (612) 472~620 March 4, 1994 Fax 930-0509 Mr. Dean Hanus 4737 Island View Drive Mound, MN 55364 SUBJECT: PERMIT FOR DEMOLITION OF BOATHOUSE AND RESTORATION OF EFFECTED AREA Dear Mr. Hanus: This letter is to confirm our phone conversation of March 3, 1994 regarding your demolition permit for the boathouse. It is the position of the City that as part of the boathouse demolition you are responsible for restoration of the area. As you are aware, this restoration work may not proceed until the City and the Minnehaha Creek Watershed District (MCWD) approve of your restoration plan. As an example of a plan, I have faxed and discussed with you the City's restoration plan used for the proiect at 4729 Island View Drive adiacent to your residence. This plan was prepared by the City Engineer and was also approved by the MCWD. It is my understanding, through our discussion, that you would like to replicate the City's plan by filling the building site and matching existing adiacent grades as much as possible. Your plan should include all of the information noted on the attached supplemental data sheet, and a completed Public Lands Permit Application. In addition to this information, you will need a survey with elevations to detail existing and proposed grades, and the amount of fill to be placed below the 931.5 elevation. A full cross section is needed to detail the amount and type of fill to be placed above any masonry that may be left in place, and detail the amount of concrete block that will remain. Y'our plan must be first submitted to the City for review, and preliminary approval, then to the MCWD with a letter supporting your request from our City Manager. The MCWD will not approve a permit request without the CiW's recommendation. The Department of Natural Resources does not regulate fill in the shoreland zone above the OHW elevation of 929.4, however, we notify them as a courtesy. They normally give a verbal approval as long as they know the CiW and MCWD is involved. p~nte~l on r~Y¢led ~al~r Mr. Dean Hanus March 4, 1994 Page 2 It is anticipated that one of the conditions of approval by the MCWD will be that compensatory floodplain storage will have to be provided. The City may be able to provide for compensatory storage, however, you will be responsible for proportionate costs to have the City provide this service. At this time, I am unable to give you any cost estimates because we don't know how much fill will be placed in the floodplain, or have a final plan for the City's compensatory work. One of the City's concerns is erosion potential. It is my understanding you will not be removing any of the masonry walls below existing grades at this time or until an appropriate plan for restoration is finally approved by the City. If you want to demolish these masonry walls below grade, a plan for erosion control must be provided for City approval before the project is started. Demolition requirements mandate removal of all debris and foundation wall two feet (2') below grade. A temporary safety guardrail or fence needs to be installed as soon as possible to provide safe access adjacent to this area. As you are aware, the compliance date for Resolution #93-68 pertaining to the stairway construction, etc. is coming up May 25, 1994. If you would like to meet on the site pertaining to this issue, please contact Jim Fackler or myself. We are working jointly on commons issues and we are both available to answer any of your questions. Unfortunately, we will both be out of the office from 3-7-94 to 3-11-94. If you have any questions during that time, contact Peggy James at 472-0600 as we will be keeping in touch with her. Respectfully, Building Official JS:pj Enclosure cc: Ed Shukle, City Manager Jim Fackler, Parks Department Tom McCaffrey, Dock Inspector Ellen Sones, MCWD RECEIVED 5 May 3, 1994 Ed Schukle, Jr. City Manager City of Mound 5341 Maywood Rd. Mound, MN 55364 This is a request to extend the compliance date for resolution/~93-65 regarding Devons Commons, abutting 4737 Island View Dr., Block 7, Lot 7, Devon, Dock site ~/42351. We, Michael B. & Lisa M. Henry are in the process of purchasing above property with a proposed closing date of May 27, 1994. Due to the lawsuit on this property there is a cloud on the title which is restricting us from purchasing said home. We are submitting this proposal in good faith and with the hope that the city of Mound will accept our plans and remove the court lien without the need to escrow moneys which in turn would allow us to purchase the property and resolve the issues outlined in a time f~ame approved by the city. Dete:Febuary 3, 199~ Concept Landscaping, Inc. 3153 Priest Lane Mound, MN 55,364 Phone 472-4110~750.4374 City of Mound attn. Jim Fackler :5341 Maywood Road Zip: Mound, MN 55364 - 472-0614 Estimate MN Lic. ~(X)8997Contractor Dredging Contractor.Lic. ~33.O4 Hanus boathouse and retainln.g wall Demolish retaining walls to upper wall Move earth to create grade same as Munson finish grade Haul away old walls and debris Spread with black dirt and erosion blanket. Install balance (4 upper wall with existing material , Balance day of completion , ,,~ ~e,~ ~c.~y ,~c,. "am"m A~ ,~m~a ~..~.., ~ ~'~. ~ ."~"k- ~ mv~a~ ~om ,=~m ~~n~ ~ Pm~l- ~ ~ . , " ..... _~lgNa~re: Resolution tt93-68 Point A.) Please see contractors blueprint. B.) Please see contractors blueprint. C.) Proposed owners acknowledge responsibility for maintenance and upkeep of retaining walls during the course of ownership of property. D.) After consultation with landscaper appropriate plantings shall be installed. Some examples are: Eng_e!man I---.vY~& Vi--rginia C~per. These are to be bought and planted b~ Owners within 60 days of proposed closing date of May 27, 1994. . E.) Patio blocks will be removed and area will be returned to a natural seeded grass state to be bought and planted by owners within 60 days of May 27, 1994. F.) Flagpole has been removed bj/current homeowner. G.) Wire fence will be removed within 60 days of May 27, 1994. H.) Per building inspector, John Sutherland, electrical has been removed. After a final inspection of interior wiring by building inspector, at his convenience, this point will have been resolved. *Acknowledged but not included in resolution is the issue of the removed boathouse area. We would like to propose that homeowners will backfill and grate to city's specifications if the city can provide appropriate fill. In closing we would like to state that in complying with the city's resolution requirements and the costs involved in purchasing and dosing on the property has pushed us to the utmost financial limits. We are asking you, the city of Mound, to remove the lien without the need to escrow moneys so that we may purchase the property and begin immediate compliance with resolution tt93-68 and bring the issues and conflicts to an agreeable end. Sincerely, Michael B. Henry Lisa M. Henry KEI~ -ROB~.RTS C01~STRUCTIOM 2835 Co~unt~ .Road ~19 Me11$na, M_'? 55359 --- PROPOS~j5 --_ I -"fen 'Roberts, '~BA Ken Roberts ~ ~ · ' -' ~onstru~tzon, agree to perform the necessary carpentry work on guard/stair rails and the (2) approved landings located at g.?37 Islandview Dr. Cost of this work estimated at 'J1375.O0, to be complete~ within 60 ~ays of th~ closing date of ..... ~ 199~ -°.eturning removed boathouse area to conrorm '..;ith a~joining commons ~orea, ~~n~ within guidlines of resolutiou, cost is estimated at approx. * ~ " ,..5,-,0.00. Signed T,ic. -.-7-'20003306 Signed 144 May 25, 1993 RESOLUTION J93-68 RESOLUTION TO ~ppROVE ~ CONSTRUCTION ON PUBLIC I~NDS PERMIT TO ~LLOW THE CONSTRUCTION OF STAIRWAY IJ~NDINGS ON DEVON COMMONS~ ~BUTTING 4737 I8~D VIEW DRI~ B~CK 7~ ~T 7~ DEVON~ ~CK SITE %42351' ~E~8, applicant, Dean Hanus, has applied for a Const~ct[on on Public ~nds Pe~it to allow the construction of stai~aY landinss, including a 3' x 12' upper landing attached to the existing boathouse and a 6' x 6' mid landin~ for the stai~ay, on Devon commons, ~utting 4737 Island View Drive, Block 7, ~t 7, Devon, ~ck site ~42351, and~ ~E~, City Code Section 320, re~ires City council approval by a four-fifths vote for Construction of any kind on any public way, park or co~ons, or the alteration of the natural contour of any public way, park, or co~ons, and~ currently ~n l~tlgatlon ~EREaS, the city ~s with the applicant regarding construction and reconstruction work on Devon Co~ons without pe~its, and; ~EREA8, stai~ays are considered pe~issible by the Use Plan for Devon Colons and also by the new Shoreland Management ordinance, and; ~E~AS, the applicant's re~est includes anchoring the upper landing to the boathouse. The boathouse has been ordered to be remove4 by the council. This re~est is directly contrary to the City's prior order. Approval of connection would conflict with City council's decision of Dece~er 10, 1991 and May 26, 1992, and; ~EREAS, the upper ti~er stai~ay never received a pe~it, and the City has not ordered removal, and; ~E~AS, the retaining walls never received a pe~it, and ~e City has not ordered removal, and; ~EREAS, the guardrail on lake side of patio area has never received a pe~it, and; ~EREAS, the patio area, currently covered with patio blocks, is a hardcover surface and was recognized by Resolution %78-372. The city's goal at that time per the Flow Chart was ,,Renewable up to 3 years contingent on the city's Use Plan", and; ~E~AS, the flagpole located in the patio area has never received a pe~it, and; 144 Nay 25, 1993 k~ZR~AS, the wire fence on the east side of the subject abutting property located on Devon Commons has never received a permit, and; WHEREAS, miscellaneous electrical and low voltage lighting has never been permitted by the City, and; WHEREAS, the Park and Open Space Commission reviewed this request and recommended approval with conditions. in favor and I opposed. The vote was 6 ~OW, ?~EREFORE, B~ I~ RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. To approve a Construction on Public Lands Permit Hanus to allow the construction of stairway landings for Dean on Devon Commons abutting 4737 Island View Drive, Block 7, Lot 7, Devon, Dock Site ~42351, upon the following conditions: The size of the upper landing shall not exceed 3' wide by 4' long and shall not be attached to the boathouse. The smaller landing size is consistent with the Shoreland Management Ordinance (City Code Section 350:1200) and reduces the impact to the shoreland. The mid-landing within the stairway shall not exceed 4' x 6'. The smaller size is still large enough to maneuver items to and from the lake and represents less impact to the shoreland An alternative would be to change the location ~f the stairway to provide for less impact (note original location on 1974 survey). If the stairway location is changed, a new plan would have to be submitted. ~. The upper timber stairs may remain subject to the installation of a handrail and guardrail on all stairs as approved by the Building Official ~. Retaining walls may remain subject to the owner acknowledging that he constructe . ~?al of the City and is t~-~hes~-~alis without m~ince~ance and .--,--- ~$ponslDle for upkeep. If . their deteriorate and are in need ofthe retaining walls repair, it is the responsibility of the owner of Lot 7 Block 7 Devon to replace or repair the wall. ' , D. The g~ardrails may remain if they are buffered/screened with plantings, paid for by the applicant and as approved by staff. 145 May 2§, 1993 E. The patio area should be restored to a natural condition and planted with natural vegetation that facilitates screening of the retaining walls and buffers the visual impact of the shoreland. A landscape plan for the patio area must be prepared by the applicant and approved by the staff. F. The flagpole must be removed from the public commons. G. Remove the wire fence located on Devon Commons. All power supply to the commons from 4737 Island View Drive must be temporarily disconnected by a qualified electrical contractor and verified by staff. An application may be filed, according to City Ordinances, to allow the electrical work to remain. In the event an application is not received within one year of the approval date of this Resolution, all electrical work shall be removed from the public commons. I. The applicant shall be required to agree in writing to the terms set forth in this resolution, and the Special Permit. The Special permit will expire one (1) year from the date of City Council approval and upon agreement by the applicant to be bound by the conditions. In one year staff will evaluate compliance. If compliance has been achieved, the permit will be extended administratively for four (4) years. as not been achieved within one year of com lian? ? _. 'he-ermit, staff will r comme 9_ date o£ appr~vu~ v~ _~_.f ,~ ~ ssued until comp~lanu= applicant's uo?k. li~:'Tg~"ii.~e~ons set forth in t~? with all Pr0v~ _ __ not completed a%l .... -^rmit. If the applicant ha~ ..... * ~th ~n the necessary wor~ ~u ~u~ ~" ~ .... ~-~s to construc= or · hese allowed maintain t ..... ~ ~-, ~aff is authorized and be considere~ revoKeQ anu ~ ~ ected to proceed to remove a~l the improvements not di~ ..... ~ --~roved by the C~ty Council. au~orlzeG uuu a~ ~ Nothing contained in this approval shall be deemed by the applicant or by the court to change prior actions or prior orders of this Council for removal of the boathouse as set forth in council resolutions adopted on December 10, 1991 and May 26, 1992. It is the intent of this council to respond to the applicant's request to construct and maintain a stairway from his private 146 May 25~ 1993 property to the public commons. It is not the intent to modify or amend prior orders of the Council nor should it be interpreted to in anyway modify, restrict, or change the litigation filed by the City against Dean Hanus. K. A copy of this resolution granting a special permit shall be filed as a memorial in the office of the registrar of titles of Hennepin County or in the office of the County Recorder if the property is abstracted property. The legal descript{on of this property affected by this permit is: Lot 7, Block 7, Devon. The applicant shall file and pay the costs of f~ling a Certified copy of this resolution. He shall provide the City Clerk with a copy of the recorded document with all recording data shown by proper County officials. The foregoing resolution was moved by Mayor Johnson and seconded by Councilmember Jensen. The following Voted in the affirmative: Jensen, Jessen, Johnson and Smith. The following Voted in the negative: Ahrens. Attest~ 147 CITY of MOUND 534' MAYWOOD ROAD MOUND. MINNESOTA 5536-:' ' ;.87 ,6!2~ 472 0600 FAX {612~ 4720620 May 11, 1994 Mike and Lisa Henry 1285 North Arm Drive Orono, MN 55364 SUBJECT: SHORELAND RESTORATION ON DEVON COMMONS ABUTTING 4737 ISLAND VIEW DRIVE Dear Mr. and Mrs. Henry: Confirming our conversation of May 9, 1994, the information required in order to pursue the proposed shoreland restoration on the commons abutting 4737 Island View Drive is outlined below. Permit approvals are required from the City of Mound and the Minnehaha Creek Watershed District {MCWD). Depending on your plans, there may be a minor amount of fill to be placed in the floodplain. The MCWD requires compensatory floodplain storage; the City may provide this at a per yard cost. 1. Certificate of Survey, including the following: a. Existing and proposed work. ' b'./~Ordinary High Water elevation of 929.4. Floodplain elevation of 931.5, and the amount of fill to be placed in the floodplain must be shown. 2. Plans, drawn to scale, to include: Full cross section drawing with details of existing and proposed work, drawn to scale. Restoration and landscape, with list of plantings. ~ Detail method of erosion control. Cost estimates of work to be done, including cost of labor and materials. Completed Public Lands Permit Application form. o,,'~ted on ,ecvcled 4737 Islgnd View Drive Msy ~ f, ~994 5. Signed Letter of Agreement between you and the City for the MCWI~ If your plans receive preliminary approval from City Staff, the City Manager will sign the Letter of Agreement that must accompany your application to the MCWD for alteration to the floodplain. Enclosed for your reference, is the following information: A copy of the Certificate of Surveys currently on file at the City for 4729 Island View Drive, and 4737 Island View Drive. The restoration plan and cross section drawing submitted for the work on the commons adjacent to 4729 Island View Drive. Application form for the Minnehaha Creek Watershed District, and Letter of Agreement form. Application for Public Lands Permit, including application deadline dates and meeting dates. If you have any questions, please feel free to contact Jim Fackler or myself. you. _..~ Jon Sutherland Building Official Thank JS:pj Enclosures CC: Jim Fackler, Parks Director Ed Shukle, City Manager Sandra Keegan, Burnet Realty, 19400 Hwy. 7, Excelsior, MN File 55331 CITY OF MOUND 5341 MAYWOO0 ROAD MOUND, MINNESOTA 55364-I 687 (612) 472-0600 FAX (612) 472-0620 May 23, 1994 Mike and Lisa Henry/ 1285 North Arm Drive Orono, MN 55364 RE: Fax 445-8950 Also mailed May 23, 1994 Shoreland Restoration and Boathouse Restoration on Devon Commons Abutting 4737 Island View Drive Dear Mr. and Mrs. Henry: Pursuant to our meeting of May 9, 1994, and subsequent telephone conversations between yourselves and City staff, the following details what the City of Mound is requiring regarding the commons property abutting 4737 Island View Drive: l~he City of Mound will require you to apply for a Public Lands Permit J Application to be submitted on or before June 1, 1994. The permit will detail what the City of Mound is suggesting of you on the commons property as it pertains to a permit for use of the commons. The City staff will review the permit and will make a recommendation to the Park and Open Space Commission at its June 9, 1994 meeting. The City Council will then hear the Park and Open Space Commission's recommendation at its meeting on June 28, 1994. Assuming the City Council approves the permit, you will then have · until January 15, 1995 to complete the work (please note that this is the date f/ that the court had given Mr. Hanus to complete the boathouse removal). / / ~2. The City of Mound does not agree to extend the permit that was issued to Mr. / Hanus in Resolution #93-68. Rather, the staff has developed part of a plan for you that will meet the needs of the City and will provide you with the enjoyment of the commons property. To more specifically spell this plan out, (see proposed plan enclosed) the following details should be noted: Top wall (both sides of existing stairway): Remove 5 timbers and adjust 1 up-hill slope to match existing grade on adjacent sites. Install plantings as approved by staff. Use soil that is removed and place it in boathouse area. Second Wall from Top: May remain as is. Patio Area: Remove existing pavers and modify slope from base of second wall to match the reduced height of third wall. Use soil that is removed and place it in the boathouse area. Install plantings as approved by staff. Match existing grade to west. Third Wall from Top: Remove minimum of 6 timbers from this wall as required by staff. Modify slope as noted above. Fourth Wall from Top: Maintain this wall. Modify slope as required by staff. Boathouse area: (1) Install new retaining wall. Step down as required to match new slope. (2) Install new retaining wall as required to tie into new slope. Install additional anchoring and tie to existing walls as needed. Fill this area as required. Install new retaining wall to match west side. Install plantings. Slope to match adjacent site as required. Fill boathouse area slope to match adjacent site as required by staff. Install new maximum 4 foot wide walkway between the lower and upper stairway. Install new handrail and guardrail on both sides of existing upper stairway. Install new stairway, maximum 4 feet wide, with handrail and guardrail on both sides. Remove lower existing stairway. Additional fill may be needed to achieve desired final grade and shall be provided by the applicant. Plantings and restoration. All ground cover to be approved by staff. Mature growth of plantings shall not block or hinder traversability. 2 Jon Sutherland, Building Official, drafted a letter dated May 11, 1994 to you which outlined the information required in order to pursue the proposed shoreline restoration and boathouse restoration on the commons abutting 4737 Island View Drive. Enclosed is a copy of that letter for your reference. This information is still required as part of the application. The City of Mound will require you to escrow $3000 which will assure the City that the proiect will be completed per the proposed plan. Please remember that in our meeting on May 9th, I indicated that for the City to come in and do this work that is required, it would cost in the neighborhood of $3000 to $6000. Assuming that the work is done to the City's satisfaction, the escrow deposit will be refunded, less any specific costs that the City has to incur. An itemized breakdown of those costs would be provided to you upon completion of the proiect. I recall from our meeting and subsequent phone conversations, that your financial position may make this proiect difficult to achieve. However, I stated to you several times at the meeting that although I am sympathetic to your situation, I cannot use financial hardship as a reason to remove the Les Pendance on this property. It is up to you to resolve that issue in order to proceed on the purchase of the Hanus property. If you have any questions, please contact me. ~..~.i~ce rely, ~'rd i Shukle, Jr. City Manager CC: Jim Fackler, Parks Director t/3'~on Sutherland, Building Official Sandra Keegan, Burnet Realty ES:Is 3 May 27, 1994 Mr. Gino Businaro City of Mound 5341 Maywood Road Mound, Minnesota 55364 RE: 4737 Island View Drive - Release of Lis Pendens & Escrow Purchasers _ Mr. and Mrs. Michael Henry Dear Mr. Businaro: In accordance with the instructions in a letter we received from Mr. Shukle dated May 25, 1994 in regard to the above matter, we are enclosing a check to the City of Mound in the amount of $3,000.00. Per the above referenced letter, this is the amount required by the City as an escrow in exchange for the Discharge of Lis Pendens on the property. Please sign the copy of this letter below, and return it to us in the enclosed envelope as your acknowledgement of receipt of the enclosed funds. Thank you for your help in this matter. Cordially, Sherry S t elllm~ch Real Estate Closer File No: 94-06606 Enc. The undersigned hereby acknowledges receipt of $3,000.00 from First Security Title _ City of Mound Wayzata Office 319 Barry Avenue · Suite 101 · Wayzata, MN 5539l · (t~12) 475-0340 · Fax 475-0592 First Securi/), Title a divi.~ioll of Burner Realh., Inc. 1~ OF MOUNU Fax ~,75 - 0592 MaY 25, 199~' Ms. SherrY Steilrnach First Security 'iqtte 319 Barry Avenue Suite 101 Wayzata, MN 55391 RE: Release of Lis Pendens - ~,737 Island View Drive Mr. and Mrs. Mike Henry Purchasers of property from Mr. Dean HanUS - First Security '1'%tie File #9~''06600 View Dear Ms. Stettmach: Discharge of Notice of Lis Pendens on the property at ~,'73'7 Island · . -his rop~r~v is set for FridaY, May Enclosed is a Mr. Dean Hanus and to be purchased by Mr. and Mrs. Mike · ,,ders~andt g . o u~ o,, u ~e ~Y ~ ..... n tt ~s ~.~ ,,.~ ~nctOSe~ ~s a c P~, _. ~t~ Manager for t t~e 3 pM. ~ b myse~ [T, 1994',,' -ed Mrs. Hen~ and Y MaY 23, 199~ which indicates that signed oY ~w,. ~.. is a leper d~ed 53000 escrow being A~ached to the agreement aOu~ing CI~ Is releasing the Lis pendens on t~e prope~ pursuant to a restoration, set aside to the CIW of Mound so that the worlc on the commons prope~ Mrs. Hen~ to the &T37 Islan~ View Drive, ~eaiing wit~ snore[and restoration an~ boathouse in con~uncdOn wit~ t~e Ci~ and restores the wilt be completed pursuant to a plan to ~e sub~i~ed by Mr. and CIW. ~is plan ~es been developed closing on the pro~e~, please sub,it a cheC~ prope~Y to a reaSOnable sta~e- upon payable to t~e Ci~ of Mound and send it to the a~en[ion of Gino BusinarO, Financ~ Director at the CIW of Mound, 53~1 MaVwood Road, Mound, MN 55364. money wilt be held In escrow and upOn completion of the proieC:, according to agreement, the escrow money wilt be returned tess any expenses ~irectiY incurred by the CI~. If you have any questions, please contact ncereW, ' Shukte, Jr. Manager Enclosures ES:ts PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A -SPECIAL PERMIT FOR PRIVATE STRUCTURES ON PUBLIC LAND INCLUDING A RETAINING WALL, STAIRWAY, AND LAND ALTERATIONS ON DEVON COMMON ABUTTING 4737 ISLAND VIEW DRIVE LOT 7, BLOCK 7, DEVON DOCK SITE #42351 WHEREAS, the City of Mound requires permits for private structures located on public lands, and; WHEREAS, City Code Section 320, requires City Council approval by a four-fifths vote for Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, and; WHEREAS, on May 25, 1993 a permit for a stairway was granted for this dock site, Resolution #93-68, which has now expired, and; WHEREAS, The City and the previous owner at 4729 Island View Drive, Mr. Dean Hanus, were involved in litigation in which the City prevailed and obtained an order for removal of the boathouse on the abutting commons· The boathouse was partially removed by Mr. Hanus and restoration is still incomplete WHEREAS, new owner of the abutting property, Michael Henry, has revised the plans for the abutting commons and has submitted an application for a permit to lower the height of the existing retaining walls, modify the slope to a more natural grade, and fill in the old boathouse, and install a new stairway· This plan utilizes existing on-site materials and modifies the slope to a more natural grade, and; WHEREAS, this proposal is a combination and compromise of the applicant's initial request and the City's staff recommendation, and; WHEREAS, the Park and Open Space Commission has reviewed this request and unanimously recommended approval with conditions as recommended by staff. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: To approve a Permit to a one year permit to complete the alterations on the commons according to the plan and specifications as submitted (Exhibit A), w!th the following conditions: Full compliance with the escrow agreement dated June 1, 1994 as prepared by the City Attorney. Proposed Resolution Page 2 bo The new stairway shall be installed to code as required by the Building Official. The applicant is responsible for all costs incurred, including installation and maintenance of the retaining walls and stairways. If compliance has not been achieved within one year of date of approval of the permit, the applicant's dock license will be revoked until all provisions in the permit are met. If the applicant has not completed all the necessary work set out in the permit within one (1) year of approval of this resolution, any rights to construct or maintain these allowed improvements on public land shall be considered revoked and City staff is authorized and directed to proceed to remove all improvements and complete restoration not authorized and approved by the City Council. The permit will expire five (5) years from the date of City Council approval, in the event full compliance with the resolution is achieved within one (1) year. The permit must be renewed with change in dock license holder. A copy of this resolution granting a special permit shall be filed as a memorial in the office of the registrar of titles of Hennepin County or in the office of the County Recorder if the property is abstracted property. The legal description of this property affected by this permit is: Lot 7, Block 7, Devon. The applicant shall file and pay the costs of filing a Certified copy of this resolution. A copy of the recorded document with all recording data shown by proper County officials shall be submitted to the City Clerk. *The City Attorney may advise whether item "g." should be included in this resolution. ' "", ," i I, PU~qS & $1'ECXlrXCATXONS FOE PROi'OS~'n I~$TOILATXON AND NOOIIfXCATXOW TO DL"VOU CO~*O~, AM71'TX~ 4737 XIX~ VX~ DP, XT~ E X H T B X T 4737 XST,.AIID VII&"H' DRIFI~ RESOLUTION JON~ 28. I994 SLAND VIEW II1 ~Em DY6 £ -nr~ A1).3~51' UPHILL 5/.,Ol~ TD I,'I4~H E ~fST. ~ MST~. /~PPR~vED BY 61'Im"~', ALL :-'.'SCOFf:. 7'0 m/~TCH THE TO ~6 l::'u4r..C-4) tU Bc:,/:fr H'c::q.,,-~6"' ,-% 51.o~ A5 RP_.R:'~r_.,~ BY ~f6cF, 'FID MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION JUNE 9, 1994 PUBLIC LAND PERMIT: DOCK SITE #42351, MICHAEL HENRY, 4737 ISLAND VIEW DRIVE, SHORELAND RESTORATION Parks Director, Jim Fackler, reviewed the staff report. The applicant is seeking a permit to lower the height of the existing retaining walls, install a new stairway, modify the slope to a more natural grade, and fill in the old boathouse area using materials from the site, as shown on the attached plan. The proposed work is a combination of the applicant's initial request to extend the expired permit (Resolution 893-68) and the City's staff recommendations. The City and the previous owner at 4729 Island View Drive, Mr. Dean Hanus, were involved in litigation in which the City prevailed and obtained an order for removal of the boathouse on the abutting commons. The boathouse was partially removed by Mr. Hanus and restoration is still incomplete. After resolution of this lawsuit, a Lis Pendens was filed with the County and this put a restriction on the sale of the property. The applicant and staff met on several occasions working out a compromise that we feel is achievable by the applicant and minimizes the level of private encroachment on the public land. Staff recommended approval of a one year permit to complete the alterations on the commons according to the plans and specifications as submitted, with the following conditions: Full compliance with the escrow agreement dated June 1, 1994 as prepared by the City Attorney. e The new stairway shall be installed to code as required by the Building Official. The applicant is responsible for all costs incurred, including installation and maintenance of the retaining walls and stairways. If compliance has not been achieved within one year of date of approval of the permit, the applicant's dock license will be revoked until all provisions in the permit are met. If the applicant has not completed all the necessary work set out in the permit, any rights to construct or maintain these allowed improvements on public land shall be considered revoked and City staff is authorized and directed to proceed to remove all improvements not authorized and approved by the City Council. e The permit will expire five (5) years from the date of City Council approval, in the event full compliance with the resolution is achieved within one (1) year. The permit must be renewed with change in dock license holder. Chair Schmidt confirmed that the applicant is in agreement with staff recommendation. MOTION made by Ahrens, seconded by Schmidt, to recommend approval of the request as recommended by staff. Motion carried unanimously. The applicant was informed that this recommendation will be reviewed by the City Council on June 28, 1994. CITY of MOUND Staff Report 5341 MAYWOOD ROAD MCUND. MINNESOTA 55364-~88- ,6!2~472.0600 FAX 6t2 472 0620 DATE: June 9, 1994 Park and Open Space Commission Meeting TO: Park & Open Space Commission, Applicants, and Staff 5, FROM: Jon Sutherland, Building Official Jim Fackler, Parks Director ~~ APPLICANT: Michael B. Henry ADDRESS: 4737 Island View Drive, Lot 7, Block 7, Devon DOCK SITE: #42351 COMMONS: Devon Commons SHORELINE: Type C SUBJECT: PUBLIC LAND ALTERATION PERMIT Applicant's Request and Background The applicant is seeking a permit to lower the height of the existing retaining walls, install a new stairway, modify the slope to a more natural grade, and fill in the old boathouse area using materials from the site, as shown on the attached plan. The proposed work is a combination of the applicant's initial request to extend the expired permit (Resolution #93- 68) and the City's staff recommendations. The City and the previous owner at 4729 Island View Drive, Mr. Dean Hanus, were involved in litigation in which the City prevailed and obtained an order for removal of the boathouse on the abutting commons. The boathouse was partially removed by Mr. Hanus and restoration is still incomplete. After resolution of this lawsuit, a Lis Pendens was filed with the County and this put a restriction on the sale of the property. The applicant and staff met on several occasions working out a compromise that we feel is achievable by the applicant and minimizes the level of private encroachment on the public land. Please note the attached background information including: 1. Jon Sutherland's letter dated March 4, 1994 to Dean Hanus. Staff Report Henry, 4737 Is/and View Drive June 9, 1994 Page 2 2. Henry's first letters dated May 3, 1994. 3. Jon Sutherland Response dated May 11, 1994. 4. Ed Shukle's letter dated May 23, 1994. 5. First Security Title letter dated May 27, 1994. Staff Recommendation Staff recommends approval of a one year permit to complete the alterations on the commons according to the plans and specifications as submitted, with the following conditions: Full compliance with the escrow agreement dated ~/~ /~as prepared by the City Attorney. __ m 2. The new stairway shall be installed to code as required by the Building Official. Se The applicant is responsible for all costs incurred, including installation and maintenance of the retaining walls and stairways. If compliance has not been achieved within one year of date of approval of the permit, the applicant's dock license will be revoked until all provisions in the permit are met. If the applicant has not completed all the necessary work set out in the permit, any rights to construct or maintain these allowed improvements on public land shall be considered revoked and City staff is authorized and directed to proceed to remove all improvements not authorized and approved by the City Council. The permit will expire five (5) years from the date of City Council approval, in the event full compliance with the resolution is achieved within one (1) year. The permit must be renewed with change in dock license holder. JS:pj PUBLIC LAND PERMIT APPLICATION CITY OF MOUND, 5341 MaYwood Road. Mound. MN 55364 Phone: 472-0~00, Fax: ~72-0620 )ISTRIBUTION: BUILDING OFFICIAL PARKS DIRECTOR DNR MCWD DATE RECEIVED PAR/{ MEETING DATE CITY COUNCIL DATE check ne) .... ! I__1 CONSTRUCTION ON PUBLIC LAND PERMIT - new construction. NOTE: NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOAT HOUSES OR OTHER BUILDINGS ON PUBLIC LAND (City Code Section 320, Subd. 1). PUBLIC LAND MAINTENANCE PERMIT - to allow repairs to an existing structure (City Code Section 320, Subd. 3). ,I ,[ CONTINUATION OF STRUCTURE - to allow an existing improvement to remain in an "as is" condition (City Code Section 320, Subd. 3). [~----"~I ~ ALTERATION - change in shoreline, drainage, slope, trees, vegetation, fill, etc. (City Code Section 320, Subd. 4). like boat houses, patios, sheds, etc. are all NONCONFORMINO USES. It is the intent of the City to bring all these uses into conformance which means that those structures will at some time in the future have to be removed from the public lands. All permits are granted for a limited time and are non-transferable. Stairway construction must meet the State Building Code when the permit is for new construction, or a new permit is applied for due to change in dock ~ite holder. ~pplicant Name /~[¢~de'! ~ Address V737 r~/~g~,%~r m~J, m~ Phone (home) 9]~ -/]o / (work) ~utting Address ~737 ~&aJ~,~ ~r ~,J ~ Property O~er ~,~ / Lega~ Lo~ ~ ~osk Description Su~. Public Name ~ ~Oa Property Dock Site ~ Shoreline Type Cont~acto~ Name K~n VALUATION/PROPOSED COST OF PROJECT (INCLUDING I~BOR & MATERIALS): DESCRIBE REQUEST & PURPOSE: ~3'~ ;~o £~3'/~r¢ ¢o~J 3'~,'~/,%~. ~ ~ /~/ $~ ~ ~. I lgnature of Appl~ SI.AND VIEW ~i~1~ A-5 ~F_.~o~Rr~ BY ~ALL 5T~ ~ A§ 6L0t~ ~5 I I III r~:~-r-~ F~ I--I I-- ~_.F-t t-q M/NNEILR~LR ~1~[~ ED DI~-i]iICT Minnetonka, MN 55345 (FOR OFFICE USE ONLY) Permit Appllcat4on No. Oate Received Rotlce Sent Agenda Date APPIICATION FOR PER~IT - FORM A (See Reverse Side For Instructions) ^ (Pr t.nt or _~'~..le~ne~ .~._ / ~ip)., (Te!.ephone) .... ~-~'_'- -(C~i~er Slgn.ature) _" ~ C~IpoEo C~ R.L.S. 3. Perm,: Requested For: 7(~ ,11 appropriate ~xe,) (Ztp) 0 L.A. 0 Other Be Storm~ater Managemen~ Plan'" C3 Commercial C3 Industrial 0 Institutional or Highway C~ Residential C.V{~'Floodplatn Alteration D. C3 Wetland Alteration E. C3 Dredgtng F. C3 .Shoreline/Bank Improvement G. C3 Stream/Lake Crossing NOTE: 4. Applicants to Lay Sandblankets Must Use Application For Pemtt-FORM B Project Locatton~Otc~C~ ! en l_ ! ! I (C~t~) (Count~) (~ Sec.) (Sec.) (Township) (Range) Describe the Pro~ect: ~o F~fo(~ re~eveZ ~Xa~ ~F~ ~ q ~x~/ 6. If This Pro~ect Requtres Municipal Approval or Review, Attach Documentation of Municipal Review. 7. ..l~..y of Water, Stream or Wetland Affect by Runoff From This Site: t'ql,~tf~£~ , ~4~1/: 8~ Dt stance Fr~ Pro~ect: 8. Schedule For Construction Zmplementatlon of Temporary Erosion Controls, Substantial C~pletton an~ Restoration: '~ Ae co~/~ ~:~,'~ PLF_X~ CXU. (e~Z) 939-8320.ZF AS~ZST,mC[ Z~ COeS'LETZ~ T~rzs FOra ZS ~-Qu~. ]~ suem~zm; THZS FOreS, ZtE: APeLZC.~Un' AOO~T~a.E~ AU. LrqUZ~S F~e r~ZT ~q,eOVAt. AS oemtmxEo e'r 247: ZLDR CITY of MOUND Letter of Agreement 5341 MAYWOOD ROAD MOUND. MINNESOTA 55364-'687 1612) 472-0600 FAX (612~ 472-0620 This agreement, by and between the City of Mound, 5341 Maywood Road, Mound, Minnesota, hereinafter referred to as "City", and name of applicant (~) applicant' s address Mound, MN, hereinafter referred to as "Applicant", The City of Mound is aware that the applicant is seeking a permit from the DNR / Watershed, hereinafter referred to as "agency", to make the following improvements: TO f~;"oft ~ C0~,,$ ~Aof,~'r, ~ on the public property known as ~0~ ~'~l~lt~l~O'l~d"~ The Applicant is not a representative of the City and is personally requesting the permit from the agency. The Applicant shall apply to the agency as an "applicant" and list the city as the "owner" to ensure that the City is kept apprised of all actions during the permit process. When the agency has completed processing the application, the agency shall convey their recommendation to the City of Mound, and the City of Mound will complete the Public Lands Permit process. Signatures' Applicant DATE DATE ' / printed on recycled paper March 4, 1994 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 Mr. Dean Hanus 4737 Island View Drive Mound, MN 55364 Fax 930-0509 SUBJECT: PERMIT FOR DEMOLITION OF BOATHOUSE AND RESTORATION OF EFFECTED AREA Dear Mr. Hanus: This letter is to confirm our phone conversation of March 3, 1994 regarding your demolition permit for the boathouse. It is the position of the City that as part of the boathouse demolition you are responsible for restoration of the area. As you are aware, this restoration work may not proceed until the City and the Minnehaha Creek Watershed District (MCWD) approve of your restoration plan. As an example of a plan, I have faxed and discussed with you the City's restoration plan used for the project at 4729 Island View Drive adjacent to your residence. This plan was prepared by the City Engineer and was also approved by the MCWD. It is my understanding, through our discussion, that you would like to replicate the City's plan by filling the building site and matching existing adjacent grades as much as possible. Your plan should include all of the information noted on the attached supplemental data sheet, and a completed Public Lands Permit Application. In addition to this information, you will need a survey with elevations to detail existing and proposed grades, and the amount of fill to be placed below the 931.5 elevation. A full cross section is needed to detail the amount and type of fill to be placed above any masonry that may be left in place, and detail the amount of concrete block that will remain. Y'our plan must be first submitted to the City for review, and preliminary approval, then to the MCWD with a letter supporting your request from our City Manager. The MCWD will not approve a permit request without the City's recommendation. The Department of Natural Resources does not regulate fill in the shoreland zone above the OHW elevation of 929.4, however, we notify them as a courtesy. They normally give a verbal approval as long as they know the City and MCWD is involved. pflnted 0~1 recycled paper Mr. Dean Hanus March 4, 1994 Page 2 It is anticipated that one of the conditions of approval by the MCWD will be that compensatory floodplain storage will have to be provided. The City may be able to provide for compensatory storage, however, you will be responsible for proportionate costs to have the City provide this service. At this time, I am unable to give you any cost estimates because we don't know how much fill will be placed in the floodplain, or have a final plan for the City's compensatory work. One of the City's concerns is erosion potential. It is my understanding you will not be removing any of the masonry walls below existing grades at this time or until an appropriate plan for restoration is finally approved by the City. If you want to demolish these masonry walls below grade, a plan for erosion control must be provided for City approval before the project is started. Demolition requirements mandate removal of all debris and foundation wall two feet (2') below grade. A temporary safety guardrail or fence needs to be installed as soon as possible to provide safe access adjacent to this area. As you are aware, the compliance date for Resolution //93-68 pertaining to the stairway construction, etc. is coming up May 25, 1994. If you would like to meet on the site pertaining to this issue, please contact Jim Fackler or myself. We are working jointly on commons issues and we are both available to answer any of your questions. Unfortunately, we will both be out of the office from 3-7-94 to 3-11-94. If you have any questions during that time, contact Peggy James at 472-0600 as we will be keeping in touch with her. Respectfully, Building Official JS:pj Enclosure CC: Ed Shukle, City Manager Jim Fackler, Parks Department Tom McCaffrey, Dock Inspector Ellen Sones, MCWD May 3, 1994 RECEIVED HAY 5 Ed Schukle, Jr. City Manager City of Mound 5341 Maywood Rd. Mound, MN 55364 This is a request to extend the compliance date for resolution ~)3-68 regarding Devons Commons, abutting 4737 Island View Dr., Block 7, Lot 7, Devon, Dock site//42351. We, Michael B. & Lisa M. Henry are in the process of purchasing above property with a proposed closing date of May 27, 1994. Due to the lawsuit on this property there is a cloud on the title which is restricting us from purchasing said home. We are submitting this proposal in good faith and with the hope that the city of Mound will accept our plans and remove the court lien without the need to escrow moneys which in turn would allow us to purchase the property and resolve the issues outlined in a time frame approved by the city. Date:Febuary 3, 19~1 Concept Landscaping, Inc. 3153 Priest Lane Mound, MN 55364 Phone 472-4118\750-4374 Name: City of Mound attn. Jim Fackler Address: 5341 Ma..yw.ood Road _City,Stale'Zip: Mound, MN ~ - Phone: 472-0614 Estimate MN Lic. ~(XX)8997Contractor Dredging Contractor .Uc. t~33-04 Hanus boathouse and re~ainlng wall DemoliSh block walls to elevation equal to Munson finish grade Demolish retaining walls to upper wall Move earth to create grade same as Munson finish grade Haul away old walls and debris Spread with black dirt and erosion blanket. Install balance of upper wall with existing material ~ to be made IS f~w~: 30% Down, Balance day of completion. Date of ~~: , ~JOna~re: ..... Resolution tt93-68 Point A.) Please see contractors blueprint. B.) Please see contractors blueprint. C.) Proposed owners acknowledge responsibility for maintenance and upkeep of retaining walls during the course of ownership of property. D.) After consultation with landscaper appropriate plantings shall be installed. Some examples are: ~Enge!man_J[.vy &~.V'_n'ginia C~per. These are to be bought and planted by owners within 60 days of proposed closing date of May 27, 1994. £.) Patio blocks will be removed and area will be returned to a natural seeded grass state to be bought and planted by owners within 60 days of May 27, 1994. F.) Flagpole has been removed by current homeowner. G.) Wire fence will be removed within 60 days of May 27, 1994. H.) Per building inspector, John Suthefland, electrical has been removed. Alter a final inspection of interior wiring by building inspector, at his convenience, this point will have been resolved. *Acknowledged but not included in resolution is the issue of the removed boathouse area. We would like to propose that homeowners will backfill and grate to city's specifications if the city can provide appropriate fill. In closing we would like to state that in complying with the city's resolution requirements and the costs involved in purchasing and closing on the property has pushed us to the utmost financial limits. We are asking you, the city of Mound, to remove the lien without the need to escrow moneys so that we may purchase the property and begin immediate compliance with resolution #93-68 and bring the issues and conflicts to an agreeable end. Sincerely, Michael B. Henry Lisa M. Henry K~ ROBMRTS CONSTRUCTION 2835 Col~nt¥ Road 319 Me~$na, MM 55359 51219 . --- PROPOSAL --- I, TKen-Roberts, DBA Ken Roberts Construction, agree to oerform the necessary carpentry work on guard/stair rails and the (2) approved landings located at g. 737 Islandview Dr. Cost of this work estimated, at f1575.O0, to be completed within 60 days of the closing date of May 27, 1994. Peturning removed boathouse area to conform ~,.rith adjoining commons area, an~ within guidlines of resolution, cost is estimated at approx. ,..5~O.00. Signed Lie. ¢20003306 Signed 144 May 25, 1993 RESOLUTION %93-68 RESOLUTION TO APPROVE A CONSTRUCTION ON PUBLIC LANDS PERMIT TO ALLOW THE CONSTRUCTION OF STAIRWAY LANDINGS ON DEVON COMMONSv ABUTTINO 4737 ISLAND VIEW DRIVEr BLOCK 7~ LOT 7~ DEVON~ DOCK BITE ~42351' WHEREAS~ applicant, Dean Hanus, has applied for a Construction on Public Lands Permit to allow the construction of stairway landings, including a 3' x 12' upper landing attached to the existing boathouse and a 6' x 6' mid landing for the stairway, on Devon Commons, Abutting 4737 Island View Drive, Block 7, Lot 7, Devon, Dock Site #42351, and; WHEREAS, City Code Section 320, requires City Council approval by a four-fifths vote for Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, and; WHEREAS, the city is currently in litigation with the applicant regarding construction and reconstruction work on Devon Commons without permits, and; WHEREAS, stairways are considered permissible by the Use Plan for Devon Commons and also by the new Shoreland Management Ordinance, and; WHEREAS, the applicant's request includes anchoring the upper landing to the boathouse. The boathouse has been ordered to be removed by the Council. This request is directly contrary to the City's prior order. Approval of connection would conflict with City Council's decision of December 10, 1991 and May 26, 1992, and; WHEREAS, the upper timber stairway never received a permit, and the City has not ordered removal, and; WHEREAS, the retaining walls never received a permit, and the City has not ordered removal, and; WHEREAS, the guardrail on lake side of patio area has never received a permit, and; WHEREAS, the patio area, currently covered with patio blocks, is a hardcover surface and was recognized by Resolution #78-372. The City's goal at that time per the Flow Chart was "Renewable up to 3 years contingent on the City's Use Plan", and; WHEREAS, the flagpole located in the patio area has never received a permit, and; 144 May 25, 1993 WHEREAS, the wire fence on the east side of the subject abutting property located on Devon Commons has never received a permit, and; WHEREAS, miscellaneous electrical and low lighting has never been permitted by the City, and; voltage WHEREAS, the Park and Open Space Commission reviewed this request and recommended approval with conditions. The vote was 6 in favor and 1 opposed. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: To approve a Construction on Public Lands Permit for Dean Hanus to allow the construction of stairway landings on Devon Commons abutting 4737 Island View Drive, Block 7, Lot 7, Devon, Dock Site J42351, upon the following conditions: The size of the upper landing shall not exceed 3' wide by 4' long and shall not be attached to the boathouse. The smaller landing size is consistent with the Shoreland Management Ordinance (City Code Section 350:1200) and reduces the impact to the shoreland. The mid-landing within the stairway shall not exceed 4' x 6'. The smaller size is still large enough to maneuver items to and from the lake and represents less impact to the shoreland. An alternative would be to change the location of the stairway to provide for less impact (note original location on 1974 survey). If the stairway location is changed, a new plan would have to be submitted. The upper timber stairs may remain subject to the installation of a handrail and guardrail on all stairs as approved by the Building Official Retaining walls may remain subject to the owner acknowledging that he constructed these walls without approval of the City and is responsible for their maintenance and upkeep. If the retaining walls deteriorate and are in need of repair, it is the responsibility of the owner of Lot 7, Block 7, Devon to replace or repair the wall. The guardrails may remain if they are buffered/screened with plantings, paid for by the applicant and as approved by staff. 145 May 25, 1993 The patio area should be restored to a natural condition and planted with natural vegetation that facilitates screening of the retaining walls and buffers the visual impact of the shoreland. A landscape plan for the patio area must be prepared by the applicant and approved by the staff. F. The flagpole must be removed from the public commons. G. Remove the wire fence located on Devon Commons. He Ail power supply to the commons from 4737 Island View Drive must be temporarily disconnected by a qualified electrical contractor and verified by staff. An application may be filed, according to City Ordinances, to allow the electrical work to remain. In the event an application is not received within one year of the approval date of this Resolution, all electrical work shall be removed from the public commons. The applicant shall be required to agree in writing to the terms set forth in this resolution, and the Special Permit. The Special Permit will expire one (1) year from the date of City Council approval and upon agreement by the applicant to be bound by the conditions. In one year staff will evaluate compliance. If compliance has been achieved, the permit will be extended administratively for four (4) years. If compliance has not been achieved within one year of date of approval of the permit, staff will recommend the applicant's dock license not be issued until compliance with all provisions and conditions set forth in the Special Permit. If the applicant has not completed all the necessary work set out in the conditions set forth in the resolution and the permit, any rights to construct or maintain these allowed improvements on public land shall be considered revoked and City staff is authorized and directed to proceed to remove all the improvements not authorized and approved by the City Council. Nothing contained in this approval shall be deemed by the applicant or by the court to change prior actions or prior orders of this Council for removal of the boathouse as set forth in Council resolutions adopted on December 10, 1991 and May 26, 1992. It is the intent of this Council to respond to the applicant's request to construct and maintain a stairway from his private 146 14/ May 25, 1993 property to the public commons. It is not the intent to modify or amend prior orders of the Council nor should it be interpreted to in anyway modify, restrict, or change the litigation filed by the City against Dean Hanus. Re A copy of this resolution granting a special permit shall be filed as a memorial in the office of the registrar of titles of Hennepin County or in the office of the County Recorder if the property is abstracted property. The legal description of this property affected by this permit is: Lot 7, Block 7, Devon. The applicant shall file and pay the costs of filing a Certified copy of this resolution. He shall provide the City Clerk with a copy of the recorded document with all recording data shown by proper County officials. The foregoing resolution was moved by Mayor Johnson and seconded by Councilmember Jensen. The following voted in the affirmative: Jensen, Jessen, Johnson and Smith. The following voted in the negative: Ahrens. Attest: City Clerk }4ayor ~// '' 147 CITY of MOUND 534' MAYWOOD ROAD MOUND. MINNESOTA 5536-:' ~6!2~ 472 0600 FAX {6'~ 2~ 472-0620 May 11, 1994 Mike and Lisa Henry 1285 North Arm Drive Orono, MN 55364 SUBJECT: SHORELAND RESTORATION ON DEVON COMMONS ABUTTING 4737 ISLAND VIEW DRIVE Dear Mr. and Mrs. Henry: Confirming our conversation of May 9, 1994, the information required in order to pursue the proposed shoreland restoration on the commons abutting 4737 Island View Drive is outlined below. Permit approvals are required from the City of Mound and the Minnehaha Creek Watershed District (MCWD). Depending on your plans, there may be a minor amount of fill to be placed in the floodplain. The MCWD requires compensatory floodplain storage; the City may provide this at a per yard cost. 1. Certificate of Survey, including the following: a./Existing and proposed work. - b.~ Ordinary High Water elevation of 929.4. /c~. Floodplain elevation of 931.5, and the amount of fill to be placed in the floodplain must be shown. Plans, drawn to scale, to include: Full cross section drawing with details of existing and proposed work, drawn to scale. Restoration and landscape, with list of plantings. Detail method of erosion control. Cost estimates of work to be done, including cost of labor and materials. 4. Completed Public Lands Permit Application form. Henry 4737 Is/end View May I l, ~994 5. Signed Letter of Agreement between you and the City for the MCWI~ If your plans receive preliminary approval from City Staff, the City Manager will sign the Letter of Agreement that must accompany your application to the MCWD for alteration to the floodplain. Enclosed for your reference, is the following information: e A copy of the Certificate of Surveys currently on file at the City for 4729 Island View Drive, and 4737 Island View Drive. The restoration plan and cross section drawing submitted for the work on the commons adjacent to 4729 Island View Drive. Application form for the Minnehaha Creek Watershed District, and Letter of Agreement form. e Application for Public Lands Permit, including application deadline dates and meeting dates. If you have any questions, please feel free to contact Jim Fackler or myself. yOU. ~.~~ J~n Sutherland~ Building Official Thank JS:pj Enclosures CC: Jim Fackler, Parks Director Ed Shukle, City Manager Sandra Keegan, Burnet Realty, 19400 Hwy. 7, Excelsior, MN File 55331 CITY OF MOUND 5341 MAY1NOOD ROAD MOUND, M~NNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 May 23, 1994 Mike and Lisa Henry/' 1285 North Arm Drive Orono, MN 55364 RE: Fax 445-8950 Also mailed May 23, 1994 Shoreland Restoration and Boathouse Restoration on Devon Commons Abutting 4737 Island View Drive Dear Mr. and Mrs. Henry: Pursuant to our meeting of May 9, 1994, and subsequent telephone conversations between yourselves and City staff, the following details what the City of Mound is requiring regarding the commons property abutting 4737 Island View Drive: 1~"~ e City of Mound will require you to apply for a Public Lands Permit J Application to be submitted on or before June 1, 1994. The permit will detail what the City of Mound is suggesting of you on the commons property as it pertains to a permit for use of the commons. The City staff will review the permit and will make a recommendation to the Park and Open Space Commission at its June 9, 1994 meeting. The City Council will then hear the Park and Open Space Commission's recommendation at its meeting on June 28, 1994. Assuming the City Council approves the permit, you will then have until January 15, 1995 to complete the work (please note that this is the date that the court had given Mr. Hanus to complete the boathouse removal). The City of Mound does not agree to extend the permit that was issued to Mr. Hanus in Resolution #93-68. Rather, the staff has developed part of a plan for you that will meet the needs of the City and will provide you with the enjoyment of the commons property. To more specifically spell this plan out, (see proposed plan enclosed) the following details should be noted: ae Top wall (both sides of existing stairway): Remove 5 timbers and adjust 1 up-hill slope to match existing grade on adjacent sites. Install plantings as approved by staff. Use soil that is removed and place it in boathouse area. Second Wall from Top: May remain as is. Patio Area: Remove existing pavers and modify slope from base of second wall to match the reduced height of third wall. Use soil that is removed and place it in the boathouse area. Install plantings as approved by staff. Match existing grade to west. Third Wall from Top: Remove minimum of 6 timbers from this wall as required by staff. Modify slope as noted above. Fourth Wall from Top: Maintain this wall. Modify slope as required by staff. Boathouse area: (1) Install new retaining wall. Step down as required to match new slope. (2) Install new retaining wall as required to tie into new slope. Install additional anchoring and tie to existing walls as needed. Fill this area as required. Install new retaining wall to match west side. Install plantings. Slope to match adjacent site as required. Fill boathouse area slope to match adjacent site as required by staff. Install new maximum 4 foot wide walkway between the lower and upper stairway. Install new handrail and guardrail on both sides of existing upper stairway. Install new stairway, maximum 4 feet wide, with handrail and guardrail on both sides. Remove lower existing stairway. Additional fill may be needed to achieve desired final grade and shall be provided by the applicant. Plantings and restoration. All ground cover to be approved by staff. Mature growth of plantings shall not block or hinder traversability. 2 Jon Sutherland, Building Official, drafted a letter dated May 11, 1994 to you which outlined the information required in order to pursue the proposed shoreline restoration and boathouse restoration on the commons abutting 4737 Island View Drive. Enclosed is a copy of that letter for your reference. This information is still required as part of the application. The City of Mound will require you to escrow $3000 which will assure the City that the project will be completed per the proposed plan. Please remember that in our meeting on May 9th, I indicated that for the City to come in and do this work that is required, it would cost in the neighborhood of $3000 to $6000. Assuming that the work is done to the City's satisfaction, the escrow deposit will be refunded, less any specific costs that the City has to incur. An itemized breakdown of those costs would be provided to you upon completion of the project. I recall from our meeting and subsequent phone conversations, that your financial position may make this project difficult to achieve. However, I stated to you several times at the meeting that although I am sympathetic to your situation, I cannot use financial hardship as a reason to remove the Les Pendance on this property. It is up to you to resolve that issue in order to proceed on the purchase of the Hanus property. If you have any questions, please contact me. ~~cerely, Edward ~1. Shukle, Jr. City Manager cc: Jim Fackler, Parks Director ~'~on Sutherland, Building Official Sandra Keegan, Burnet Realty ES:Is 3 May 27, 1994 Mr. Gino Businaro City of Mound 5341 Maywood Road Mound, Minnesota 55364 RE: 4737 Island View Drive - Release of Lis Pendens & Escrow Purchasers - Mr. and Mrs. Michael Henry Dear Mr. Businaro: In accordance with the instructions in a letter we received from Mr. Shukle dated May 25, 1994 in regard to the above matter, we are enclosing a check to the City of Mound in the amount of $3,000.00. Per the above referenced letter, this is the amount required by the City as an escrow in exchange for the Discharge of Lis Pendens on the property. Please sign the copy of this letter below, and return it to us in the enclosed envelope as your acknowledgement of receipt of the enclosed funds. Thank you for your help in this matter. Cord ially, Sherry Stelflmach Real Estate Closer File No: 94-06606 mr~c. The undersigned hereby acknowledges receipt of $3,000.00 from First Security Title City of Mound BY: ~~.~ / Wayzata Office 319 Barry Avenue * Suite 101 · Wayzata, MN 55391 · (t~12) 475-0340 · Fax 475-0592 First Security Title a div,.~ion of Burner Reahv Inc. '~' OF MOUND May 25, 1 Ms. Sherry Stellmach Fax 4.75 - 0692 First Security Title 319 Barry Avenue Suite 101 Wayzata, MN 55391 RE: Release of Lis Pendens - 4,737 Island View Drive Mr, and Mrs. Mike Henry Purchasers of Proper~y from Mr. Dean Hanus - F;rst Security Titte File #94,-06606 Dear Ms. Stellmach: Enclosed is a Discharge of Notice of Lis Pendens on the property at 4,73? Island View Drive, currently owned by Mr. Dean Hanus and to be purchased by Mr. and Mrs. Mike HenrY. It is my understanding that the closing on this properTY is set for Friday, May 27, 1994, 3 PM. Also enclosed is a copy of an agreement dated May 26, 1994., signed by Mr. end Mrs. Henry and bY myself as City Manager for the City of Mound. At-;ached to the agreement is a leper dated May 23, 1994 which Indicates tha'( the City is releasing the Lis Pendens on tt~e 13roper~ pursuant to a $3000 escrow being set aside to the City of Mound so that the work on the commons property abusing 4,737 Island View Drive, cleating with snoreiand restoration and boathouse res;oration, will be completed pursuant to a plan to be submi~ed by Mr. and Mrs. Henry to the ' n'unctton with tl~e CiW and res-r, ores the ,-,*.o This plan t~es been developed ~n. c.o ! __ .~_-ropertY, please submit a check proper~y to a rea_eDna.u,.=. =--_~ -__~4-,end it ~o the at-lend,on o~ ~,~u ~,,-, This payable to tl3e City o! Mounu u,,,~ o Director at the City of Mound, 534,1 Maywood Road, Mound, MN 5536,~. money will be held in escrow and upon completion of the project, according ~o the agreement, the escrow money witt be returned less any expenses direcl:lY incurred by the City. If you have any quest;ions, ptease contact me. Sincerely, · ~ · Shukle, Jr. blty Manager Enclosures ES:is PROPOSED RESOLUTION #g4- TO APPROVE AN OPERATIONS PERMIT FOR INFINITI MARKETING, INC. 5318 SHORELINE DRIVE (BALBOA BUILDING) WHEREAS, Operations Permits are required by City Code for new businesses operating within the Balboa Building which is a Planned Industrial Area (PLA), approved by Resolution//85-87, and amended by Resolution//87-145, //87-205, and; WHEREAS, Infiniti Marking will maintain an office and warehouse area of 8,744 square feet for distribution of automotive aftermarket products such as consoles, rack systems, radar detectors and other items, and; WHEREAS, the firm will operate one shift with approximately 14 employees, and; WHEREAS, all products stored will be dry goods made of wood, plastic, fiberglass and aluminum; no chemicals or toxic substances are used in their business operations, and; WHEREAS, over the course of the next few years, the company plans to expand its warehouse space, and; WHEREAS, adequate parking is available for employee use within the property, and; WHEREAS, the proposed operation is consistent with the criteria for granting Operations Permits found in Section 350:680, Subd. 8 of the Mound Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to approve an Operations Permit for Infiniti Marketing for an initial occupancy of approximately 8,744 square feet within the Balboa Building, and that the permit allow for future expansion, providing that the nature of the business and products- stored on the premises remains essentially unchanged. Approval is conditioned on compliance with all building and fire codes. June 28, 1994 RESOLUTION NO. 94- RESOLUTION DESIGNATING CERTAIN AREAS AS NATURE CONSERVATION AREAS IN THE CITY OF MOUND WHEREAS, the City Council of the City of Mound directed that a Nature Conservation Area Plan be developed; and WHEREAS, in July 1993, a Plan was prepared by Mark Koegler, Hoisington/Koegler Group, Inc.; and WHEREAS, the Plan defined Nature Conservation Area as: 'City owned and/or controlled lands which are or could be, essentially natural and would conserve flora and fauna. Such areas are to be established in recognition of the benefits of preserving natural open space for present and future generations.'; and '~ax.n-.W,o ~ WItEREAS, the Park and Open Space Commission has devoted a great deal of time to studying potential sites for possible Nature Conservation Area status; and WHEREAS, the Park and Open Space Commission has made some recommendations regarding certain sites as Nature Conservation Areas; and WHEREAS, the City Council has reviewed and considered those recommendations. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, hereby designates the following as Nature Conservation Areas under the definition stated above: North of Bartlett Blvd, end of Rusticwood Road (Rustic Place). PID #23-117-24 31 0077. Indian Mound property on Westedge Blvd. PID g23-117-24 22 0003. Diamond Lane, across the street from Philbrook Park. PID #14-117-24 31 0013 & 0014. PROPOSED RESOLUTION #94- TO APPROVE AN OPERATIONS PERMIT FOR INFINITI MARKETING, INC. 5318 SHORELINE DRIVE (BALBOA BUILDING) WHEREAS, Operations Permits are required by City Code for new businesses operating within the Balboa Building which is a Planned Industrial Area (PLA), approved by Resolution//85-87, and amended by Resolution //87-145, //87-205, and; WHEREAS, Infiniti Marking will maintain an office and warehouse area of 8,744 square feet for distribution of automotive aftermarket products such as consoles, rack systems, radar detectors and other items, and; WHEREAS, the firm will operate one shift with approximately 14 employees, and; WHEREAS, all products stored will be dry goods made of wood, plastic, fiberglass and aluminum; no chemicals or toxic substances are used in their business operations, and; WHEREAS, over the course of the next few years, the company plans to expand its warehouse space, and; WHEREAS, adequate parking is available for employee use within the property, and; WHEREAS, the proposed operation is consistent with the criteria for granting Operations Permits found in Section 350:680, Subd. 8 of the Mound Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to approve an Operations Permit for Infiniti Marketing for an initial occupancy of approximately 8,744 square feet within the Balboa Building, and that the permit allow for future expansion, providing that the nature of the business and products- stored on the premises remains essentially unchanged. Approval is conditioned on compliance with all building and fire codes. II June 28, 1994 RESOLUTION NO. 94- RESOLUTION DESIGNATING CERTAIN AREAS AS NATURE CONSERVATION AREAS IN THE CITY OF MOUND WHEREAS, the City Council of the City of Mound directed that a Nature Conservation Area Plan be developed; and WHEREAS, in July 1993, a Plan was prepared by Mark Koegler, Hoisington/Koegler Group, Inc.; and WHEREAS, the Plan defined Nature Conservation Area as: "City owned and/or controlled lands which are or could be, essentially natural and would conserve flora and fauna. Such areas are to be established in recognition of the benefits of presery, ing natural open spa~ce. for present and future generations."; and 't.~. ~c¢~.~,/-~ /~.~ ~t~.~~ WHEREAS, Ge ~rk and Open ~'pace Commission has devoted a great ti e to studying potentaal s~tes for possible Nature Conservation Area status; and . WHEREAS, the Park and Open Space Commission has ma~'de~m~/~ recommendations regarding certain sites as Nature Conservation Areas; and _/~~'~?,__. WHEREAS, the City Council has reviewed and considered'""th0se /'~ recommendations. NOW, THEREFORE, BE IT RESOLVED, that the City Council of _~e Ci~ of Mound,~.~in~s~m~k~ ~e~_.j,e~the following as Nature Conservation Areas uhder the definitiont~-s~ -ab,0ve¥~.-~ North of Bartlett Blvd, end of Rusticwood Road (Rustic Place). PID//23-117-24 31 0077. Indian Mound property on Westedge Blvd. PID g23-117-24 22 0003. e Diamond Lane, across the street from Philbrook Park. PID//14-117-24 31 0013 & 0014. PID 23-I 17-24 31 0077: North of Bardett, end of Rusticwood (Rustic Place). This parcel is adjacent to the School District property already preserved as a nature study area. This parcel is a relatively undisturbed remnant of "Big Woods' habitat. Classified as a Park. 20. OZ.. EVERGREEN"-RD ..... ~ , 1 ko ,. .~' (63) -~ RUSTI ~ ~RD (78) ,-4.57 (7) (6) ~f (49) 13 : (81) , ~. 55A 37 · .~2. 5 (85) ~ INDIAN MOUND PROPERTY. PID 23-117-24 22 0003: Westedge Blvd. (old sewer plant), a nice mixture of prairie, woodlands, and wetlands. This parcel is adjacent to other natural areas. Classified as a Park. (4) 23-117-2z (6) PID 14-117-24 31 0013 & 0014: Diamond Lane, across thc street from Philbrook Park and retained for drainage purposes. .... 2584.67 RES .- 17-24 (37) 9. 46 40 (4~) 13.* . . 3Z (33) ~ (53) (42) ~ (52) (54) 4Z (43) ~i'o. 67 (18) 6?.t5.. (8) · . 174.53 · ~0, 35 ? 6 (6) (58) I 24) (6g) ;(67) 14 ~Z (7c -- ,47, ,5, SECTION 00030 ADVERTISEMENT FOR BIDS SITE GRADING & ACCESS ROAD RECONSTRUCTION MOUND/MINNETRISTA PUBLIC WORKS MATERIAL STORAGE osals will be received by the City Clerk until 11:00 and materiels and all else necessary rut u~ SURFACING OF A MATERIAL STORAGE AREA AND RECONSTRUCTION OF THE EXISTING ACCESS ROAD. All proposals shall be addressed to: Ms. Fran Clark, City Clerk City of Mound 5341Maywood Drive Mound, Minnesota $5364 and shall be securely sealed and shall be endorsed on the outside with the statement ,,Mound/Minnetrista Public Works Material Storage" and shall be on the Proposal Form included in the plans and specifications for the pro3ect. he Plans and specifications and other proposed contract . Copie~_o_f~j ,J,..~ .~ office of McCombs Frank Roos As~?ciat~i 3rd Avenue North, Plymouth, Minnesota 55447. plans anu Inc., 15050 2 _ . ...... ~.A. m~ be obtained at =h~ offices specifications zor use ~n p~e~a~n~~. ~. whiah is NON-REFUNDABLE. , h rate of ~OUr O0±±~r~ t~-, · r urchased at t e ' n which is NON- ~wenty-fi~e cents ($0.25) Der pa~e of specif~catto s, REFUNDABbE. Each bidder shall file with his bid a cashier's check, certified check, or bid bond in an amount of not less than five (5) percent of the total amount Of the bid. No bid may be withdrawn within sixty (60) days after the bids are opened. The City reserves the right to reject any and all bids and waive any informalities or irregularities therein. City of Mound, Minnesota Skip Johnson, Mayor ATTEST: Fran Clark, City Clerk END OF ADVERTISEMENT FOR BIDS ADVERTISEMENT FOR BIDS 00030 - 1 MFRA 910481 PUBLIC HEARING NOTICE CITY OF MOUND MOUND,~ MINNESOTA CA SE NO. 94-2 NOTICE OF A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO A CONDITIONAL USE PERMIT APPROVED BY RESOLUTION #85-87 FOR A PLANNED INDUSTRIAL AREA AT 5300-5400 SHORELINE DRIVE (BALBOA BUILDING) BALBOA ADDITION, PID #13-117-24 34 0096 NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound will hold a public hearing on July 26, 1994 at 7:30 p.m. in the Council Chambers of the City of Mound offices at 5341 Maywood Road, Mound, Minnesota, to consider an amendment to Resolution #85-87 approving a Conditional Use Permit for a Planned Industrial Area. The Toro Company has made application to allow for two canopies for employee break areas at the exterior of the Balboa Building. The subject property is legally described as follows: BALBOA ADDITION. All that part of the Dakota Rail, Inc., railroad right-of-way located in ~he South Half of Section 13, Township 117 North, Range 24 West of the Fifth Principal Meridian, Hennepin County, Minnesota described as follows: Commencing at the southwest corner of said Section 13; thence North 2 degrees 43 minutes 32 seconds East along the west line of the Southwest Quarter of said Section 13 a distance of 799.82 feet to the center line of said Dakota Rail, Inc. railroad right-of- way; thence North 87 degrees 26 minutes 58 seconds East along said center line a distance of 1347.46 feet to the east line of the Southwest Quarter of the Southwest Quarter of said Section 13 said east line is also the center line of Cedar Lane, formerly Ivy Street, extended southerly; thence North 2 degrees 34 minutes 56 seconds East along said east line a distance of 10.04 feet to a line parallel with and 10.00 feet northerly of, as measured at right angles to said center line of the Dakota Rail, Inc. railroad right-of-way which is the point of beginning of the land to be described; thence continuing North 2 degrees 34 minutes 56 seconds East a distance of 40.16 feet to a line parallel with and 50.00 feet northerly of, as measured at right angles to said center line; thence North 87 degrees 26 minutes 58 seconds East parallel with said center line a distance of 846.76 feet to the southwesterly corner of Lot 22, Block 11, Abraham Lincoln Addition to Lakeside Park; thence South 2 degrees 33 minutes 02 seconds East a distance of 40.00 feet to said line parallel with and 10.00 feet northerly of, as measured at right angles to, the center line of said Dakota Rail, Inc. railroad right-of- way; thence South 87 degrees 26 minutes 58 seconds West parallel with said center line a distance of 850.35 feet to said point of beginning. All that part of Dakota Rail, Inc. railroad right-of-way located in the south Half of Section 13, Township 117 North, Range 24 West of the Fifth Principal Meridian, Hennepin County, Minnesota described as follows: Commencing at the Southwest corner of said Section 13; thence North 2 degrees 43 minutes 32 seconds East along the west line of the Southwest Quarter of said Section 13 a distance of 799.82 feet to the center line of said Dakota Rail, Inc. railroad right-of- way; thence North 87 degrees 26 minutes 58 seconds East along said center line a distance of 1347.46 feet to the east line of the Southwest Quarter of the Southwest Quarter of said Section 13, said east line is also the center line of Cedar Lane, formerly Ivy Street, extended Southerly; thence South 2 degrees 34 minutes 56 seconds West along said east line a distance of 10.04 feet to a line parallel with and 10.00 feet southerly of, as measured at right angles to said center line of the Dakota Rail, Inc. railroad right-of-way which is the point of beginning of the land to be described; thence continuing South 2 degrees 34 minutes 56 seconds West a distance of 40.16 feet to a line parallel with and 50.00 feet southerly of, as measured at right angles to said center line; thence North 87 degrees 26 minutes 58 seconds East parallel with said center line a distance of 1586.25 feet to the west line of Lot 10, Block 2, 'L.P. Creivers Subdivision of Lot 36, Lafayette Park'; thence North 1 degree 08 minutes 52 seconds EaSt along said west line of Lot 10 a distance of 8.77 feet to the northwest corner of said Lot 10; thence South 89 degrees 51 minutes 08 seconds East along the North line of said lot 10 and its easterly extension a distance of 144.02 feet to the center line of Fairview Lane; thence North 1 degree 08 minutes 52 seconds East along said center line of Fairview Lane a distance of 41.93 feet to a line parallel with and 10.00 feet southerly of, as measured at right angles to, said center line of the Dakota Rail, lnc. railroad right-of-way; thence westerly, parallel with said center line a distance of 140.37 feet, along a non-tangential curve, concave to the south having a radius of 8584.37 feet, a central angle of 0 degrees 56 minutes 13 seconds and a chord that bears South 87 degrees 56 minutes 13 seconds West; thence South 87 degrees 26 minutes 58 seconds West continuing parallel with said center line and tangent to said curve a distance of 1589.10 feet to said point of beginning. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. Francene C. Clark, City Clerk Mailed to property owners within 350' by July 12, 1994. Published in 'The Laker' July 11, 1994. ill I !, Ii, ,,11 ~ CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 June 22,1994 Mr. Charles Pugh 6201 Red Oak Road Mound, MN 55364 RE: Suburban Alliance Dear Mr. Pugh: Kiki Sonnen of WECAN has contacted me regarding your participation on the Board of Directors. It is my understanding that we have two positions on Suburban Alliance from the City of Mound. If you are interested in filling one of these positions, as our representative, please contact me. I will then have the City Council formally approve your appointment at the next regular City Council meeting, which is scheduled for Tuesday, June 28, 1994. Thank you for your interest in the City of Mound. Sincerely, d J. Shukle, Jr. City Manager ES:Is CITY OF MOUND 5341 MA't~NOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 June 22, 1994 Ms. Roberta Cook 220 Center Street Excelsior, MN 55331 Dear Ms. Cooke: Kiki Sonnen of WECAN has contacted me regarding your participation on the Board of Directors. It is my understanding that we have two positions on Suburban Alliance from the City of Mound. If you are interested in filling one of these positions, as our representative, please contact me. I will then have the City Council formally approve your appointment at the next regular City Council meeting, which is scheduled for Tuesday, June 28, 1994. Thank you for your interest in the City of Mound. Sincerely, ~~d)~w~a r~ J~ S~h u~ ,~, ~ r, City Manager ES:Is [ l, uays, ptus $2.00 per day after :: third day .~ Limi~ to Ten ConSeCutive Days Four PefYear to any Organization CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 ~ Ho~ Phone:~ Work Phoae:~~ ~tion 810.10, SuM. 2. ~abili/y ~. (a) Prior to ~e i~ of 3~A.801 ~o ~e Ci~ ~e& ~d ~ ~e Co~ioner of~blic ~fety ~ a ~ndition Of~e i~ or renewM of ~s li~. p~fof~clM ~ibilily shall ~ given by fling ~ ~ifi~te ~licy or ~l provid~g ~e ~mum ~vemg~ 3~A.~, SU~ivisioa 1. It ' · for d~ ~op liability ~ ~ui~ by M~ law. ~s ~e mt~t of ~s ~t/on ~o r~ui~ ~e ~mum of ~ of Covemge:~~ ~/ion 810:10. Su~. 1. Appli~tion Fo~. In ~e ~ of~y appli~ion for a Tem~ '~-~ale' li~n~ to Mlow ~e ~d ~mpt/on of ~r on public l~d or public ~h~! !~, ~e appli~t shall, P~or to iss~ of ~ch li~, file ~e ~ttea ~ of ~e o~er of ~ch !~ to tach ~ of Danc~ $200.00 Yr.- Annual DanC~ . CITY OF MOUND s3~ ~¥wooo ~ot~, ~~SOT~ 553~ AppLICANT: ADDRESS:~ EVF_2Cr: ' ' ' ' LOCATION OF DANCE:~ HOME pHONE #:~ HOME pHONE #:_ "-  WORK PHONE #:_ wORK PHONE #: ~ . ~.:::::~?:i::i:W~. :..:. ::i":~!':'..'i ~ ': '' ' :: '' : ..:.... :.... ' '. (,subrlll · Police Dept.~-~ :...:!ii!i: :? :::. i:' '.:. ?: ...' Adm, A~pr°V~~ De~i~~ t Bldg. Dept. ~ ~ ~ ~ Fire Dep~__~ ~lfJh $34~ .. Houad Clty Hanager HOUnd, Road Dear Telephone ~72/475'~010 Englneer~ 612/476.8632 FAX Plannera Surveyor~ 22, 1994 C:pzT EnClos ~hrou h ed la S ~O~ra.~ urder .i~~,;33.4n -_ uUO~ec. ~uest ~ contac~ 5~u ~ave -- ~' the .~_z-equest · '~ or "c ~o the Deed additioDal infOrmattoa, Please Vary truly YOUrs, McCoMBs F~NK ROOs John Cameron A~ EqU~l 0ppO~unity EmplOyer PUBliC H£ARING NO TICE Cl7~ OF MOUND MOUND,. MINIVE$o TA CA SE NO. $4-2 ! NOTICE OF A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO A CONDITIONAL U APPROVED BY RESO S PERMIT ,..-_ FOR A PLANNc,, .... LUTION #85-R7 E n,c uNIVE (BALBOA ~UILDING) BALBOA ADDITION, PID ~13-117-24 34 0096 a Public hearin0 on I 26 NOTICE IS HEREBY GIVEN, that the City Council of the City ~und offices a~ at 7:30 . .. . of menament to Reso'-_: 41 MaywOodm Council ound will hold ~ndustrial Area. ~_%t,on ~85-87 annr~,.:~~' ~ound, Minn~ Chambers of the C' /or employee hr,~,'_'~ ICrC Companv~,~g. a Conditional ;~:~s~te, to COnsid,r ~t~ legally -'~0~ areas at the ext~,';~ ~aOe application '.~. ~ermit for a described as follows: e ~-,uoa uuilding. The ~;',~;7~. Canopies . . --~J~u[ prope~y BALBOA ADDITION. All that pa~ of the Dakota Rail, Inc., railroad right-of-way located m the South Half of Section 13, Township 117 NO~h, Range 24 West of the Rhh Principal Meridian, Hennepin COunt, Minnesota described as follows: Commencing at the sOUthwest Corner of said Section ~ 3; thence No~h 2 degrees 43 minutes 32 seconds East along the West line of the Southwest Oua~er of said Section 13 a distance of 799.82 feet to the center line of said Dakota Rail, Inc. railroad right-of. way; thence No~h 87 degrees 26 minutes 58 SeConds East along said center line a distance of 1347.46 feet to the east line of the Southwest OUa~er of the Southwest Oua~er of said Section 13 said east line is also the center line of Cedar Lane, formerly IW Street, e~ended southerly; thence No~h 2 degrees 34 minutes 56 Seconds East along said east line a distance of 10.04 feet to a line Parallel With and 10.00 feet no~herly of, as measured at right angles to said center line of the Dakota Rail, Inc. railroad right-of-way which is the point of beginning of the land to be described; thence continuing No~h 2 degrees 34 minutes 56 seconds East a distance of 40.16 feet to a line parallel With and 50.00 feet nO~herly of, as measured at right angles to said center line; thence No~h 87 degrees 26 minutes 58 seconds East parallel With said center line a distance of 846.76 feet to the SOuthwesterly corner of Lot 22, Block 11, Abraham Lincoln Addition to Lakeside Park; thence South 2 degrees 33 minutes 02 Seconds East a distance of 40.00 feet to said line parallel with and 10.00 ieet northerly of, as measured at right angles to, the center line of said Dakota Rail, inc. railroad right-of' w~¥; thence South 87 degrees 26 minutes 58 secondS West parallel with said center line a distance of 850.35 feet to said point of beginning. /Ntt that part of Dakota Rail, Inc. railroad right-of-WaY located in the south Half of SectiOn 13, Township 117 North, Range 24 West of the Fifth principal Meridian, Hennepin CountY, Minnesota described as foll°wslaid Dakota Rail, thc. railroad thence North 2 degrees 43 commencing at the Southwest corner of said Section 13; Quarter of said Section minutes 32 secondS East along the west line of the Southwest right-of' 799.$2 feet to the center line of East along said center line a 13 a distanCe of Quarter of the waY; thence North $? degrees 26 minuteS 58 seconds Southwest line of Cedar Lane, formerly distance of 1347.46 feet to the east line of the Southwest 34 minutes 56 Quarter of said SectiOn 13, said east line is also the center secondS West line parallel with and Ivy Street, extended SoutherlY; thence South 2 degrees 10.00 feet .... said center line o L_ described; thence east line a distance of 10.04 feet to a · f the Dakota Rail, Inc. along said .... ured at right an? ,"jo inn,ng of the land to -= - feet to southerly or, as "'=°Which is the point u, ~ West a distance of said railroad right-of-waY utherl¥ oi, as__me_as__~a~ East parallel with said continuing South 2 degreeS 34 minutes 56 secondS ured at right angles to west line of Lot 10, Block 2, "L.P. Creivers a n~.u_.~ne; thence North o degree 08 minutes 52 seconds centut- center line a distanCe of 1566.25 feet to the SubdiVision of Lot 36, Lafayette park"; thence North 1 EaSt along said west line of Lot 10 a distanCe of $.77 feet to the northwest corner said Lot 1 O; thenCe South 89 degrees 51 minuteS 08 secondS East along the North line of said lot 10 and its easterly extension a distanCe of 144.02 feet to the center line of FairvieW Lane; thenCe North 1 degree 08 minutes 52 secondS East along said center line of FairvieW Lane a distance of 41.93 feet to a line parallel with and 10.00 feet southerly of, as measured at right angles to, said center line of the Dakota Rail, inc. right-of-waY; thence westerlY, parallel with said center line a distanCe of railroad non.tangential curve, concave to the south having a radius of 140.37 feet, along a degrees 56 minutes 13 seconds and a chord that 8584.3'/feet, a central angle of 0 West; thence South 87 degrees 26 bears South $7 degrees 56 minutes 13 secondS minutes 58 secondS West continuing parallel with said center line and tangent to said curve a distance of 1589.10 feet to said point of beginning. Att persOns appearing at said hearing with reference to the above wi%l be given the oPP°rtunity to be heard at this meeting. Clerk Mailed to property ownerS within 350' by July 12, 1994. published in 'The Laker' July 11, 1994. BILLS June 28, 1994 BATCH 4062 Total Bills $141,261.64 $141,261.64 Z Z i I · J I,, o O0 I 0 .4' I o GENERAL FUND Council Promotions Cable TV City Manager/Clerk Elections Assessing Finance Computer Legal Police Civil Defense Planning/Inspections Streets City Property Parks Sum mer Recreation Contingencies Transfers GENERAL FUND TOTAL Area Fire Service Fund Recycling Fund Liquor Fund Water Fund Sewer Fund Cemetery Fund Docks Fund CITY OF MOUND BUDGET EXPENDITURES REPORT May 1994 May 1994 YTD .BUDGET EXPENSE EXPENSE 63,130 2,000 1,380 180,330 11,320 48 350 151 080 24 200 81 500 795 240 5 400 157.850 397 520 102 860 136 620 33 930 40 000 134 24O 1,240 35,056 0 0 202 350 13,152 69,984 34 3,080 25 322 15,069 65,187 1,461 9,032 6,608 33,961 55,595 307,183 (62) 655 11,296 55,384 22,481 158,079 19,953 45,661 10,232 47,053 0 0 1,635 3,401 10,027 50,134 .2,366~ 950 168,948 884,522 41.67% PERCENT VARIANCE EXPENDED 28,074 2,000 1,030 110,346 8 240 48 028 85 893 15168 47 539 488 057 4 745 102 466 239,441 57,199 89,567 33,930 36,599 84,106 55.53% 0.00% 25.36% 38.81% 27.21% 0.67% 43.15% 37.32% 41.67% 38.63% 12.13% 35.09% 39.77% 44.39% 34.44% 0.00% 8.50% 37.35% 1 ~482~428 37.37% 240,190 14,485 86,530 153,660 36.03% 104,330 18,601 60,009 44,321 57.52% 190,840 12,916 82,771 108,069 43.37% 834,990 20,202 163,067 671,923 19.53% 1,390,280 109,429 460,842 929,438 33.15% 5,240 696 2,154 3,086 41.11% 53,680 2,642 23,637 30,043 44.03% exp94 06/14/94 G.B. CITY OF MOUND BUDGET REVENUE REPORT May 1994 41.67% GENERAL FUND Taxes Business Licenses Non -Business Licenses and Permits Intergovernmental Charges for Services Court Fines Other Revenue Charges to Other Departments TOTAL REVENUE May 1994 YTD BUDGET REVENUE REVENUE 1,231,780 0 0 9,450 95 2,019 59,850 7,663 29,238 884,960 0 28,044 49,500 1,125 6,113 65,000 5,317 20,899 60,800 1,286 6,140 15,000 1,347. 5,249 2~376t 340 16.833 97t 702. VARIANCE (1,231,780) (7,431) (30,612) (856,916) (43,387) (44,101) (54,660) _(9,751) PERCENT RECEIVED 0.00% 21.37% 48.85% 3.17% 1 2.35% 32.15% 10.10% 34.99% 4.11% FIRE FUND RECYCLING FUND LIQUOR FUND WATER FUND SEWER FUND CEMETERY FUND DOCKS FUND 308,817 25,013 135,384 (173,433) 108,000 8,651 27,452 (80,548) 1,300,000 120,687 496,800 (803,200) 380,000 27,834 131,581 (248,419) 680,000 55,229 274,677 (405,323) 5,650 680 1,080 (4,570) 72,000 (371) 70,726 (1,274) 43.84% 25.42% 38.22% 34.63% 4O.39% 19.12% 98.23% 06/14/94 rev94 G.B. ' RECEIVEO 2 0 LAKE MINNETONKA CONSERVATION DISTRICT Lake Access Committee Agenda 6:00 pm, Wednesday, June 22, 1994 TONKA BAY CITY HALL Comments received on the Report of the 1992 Lake Minnetonka Lake Access Task Force, draft dated May 11, 1994. ~ members ~sked to bring their .report distributed ak .the 5/25/94 board'meeting);_ Consider action to recommend the report to the LMCD board as drafted May 11, 1994, with any additional amendments as presented above; Recommendation to communicate report completion to State Officials: * Senator Gene Merriam * " Steven Morse * " Gen Olson * Representative David Battaglia * " Phyllis Kahn Steve Smith * " Todd VanDellan Ron Abrams * Governor Arnie Carlson * DNR Commissioner Rpd Sando * Metropolitan Council Chair Dottie Rietow * Henn. County Commissioner Emily Staples * Others ~ ~ ? Propose that the board designate the Lake Use Committee to implement the report recommendations and terminate the Lake Access Committee; 5. Additional business; 6. Adjourn ,. RECEIVED ~N 2 0 LAKE MINNETONKA CONSERVATION DISTRICT A~hnlnistratlve committee Meeting Notice and Agenda 6:30 PM, Wednesday, June 22, 1994 Tonka Bay city Hall 1. Review of 5/25/94 Meeting Report per enclosed copy Board members' responses from cities on draft 1995 budget Consider policy proposal on the reserve level for the Save the Lake Fund balance Review and recommendation regarding extended overtime hours for EWM crew to speed up harvest program 5. Additional business LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA RECEIVED 2 0 lgg4 7:30 PM, Wednesday, June 22, 1994 Tonka Bay City Hall, 4901 Manitou Rd CALL TO ORDER ROLL CALL CHAIR ANNOUNCEMENTS, Johnstone 1. Annual Public Officials Lake Tour, Saturday, 8/13/94; time and location confirmation READING OF MINUTES - 5/25/94 Board Meeting PUBLIC COMMENTS - From persons in attendance on subjects not on agenda (5 minute limit) CONSENT AGENDA - Consent Agenda items identified by "*', will be approved in one motion unless a Board member requests an individual discussion of any item. In that case the item will be removed from consent agenda and considered as a specific item. COMMITTEE REPORTS * B. * C. * D. WATER STRUCTURES, Chair Babcock Approval of minutes, 6/11/94 meeting Bayshore Manor Condominiums, Excelsior, Excelsior Bay, multiple dock license; recommending approval of the 4/5/94 site plan Lord Fletchers Apartments, Spring Park, West Arm, multiple dock license; 1) recommending approval of dock reconfiguration with no increase in slip sizes per 5/6/94 site plan, and 2) recommending approval of partial construction of the Lord Fletchers Apartment docks (for 14 of 32 slips) Facilities with unrestricted watercraft affected by Resolution 90; recommending that Resolution 90, adopted 4/27/94, be effective beginning with 1995 license year E. Sect. 2.07 Temporary Structures; recommending that an ordinance be drafted changing the distance in Sect. 2.07 from 200' to 150' and removing the LMCD from permitting temporary structures as long as the Sheriff,s Water Patrol will issue permits under LMCD's ordinances Fe Gas dock width; recommending an ordinance be drafted to allow 10' width for gas docks with some linearity on the length included Ge Shelter for electronic equipment on gas docks; recommending an ordinance be drafted to allow a weatherproof shelter for cover and security of electronic equipment with size to accommodate one or two people LMCD Board of Directors Agenda, 6/22/94, Page 2 * I. · J. * K. City of Wayzata's Lakewalk, Wayzata Bay; recommending initial concept approval, to direct staff to work with Northwest Associated Consultants, Inc. to draft ordinance provisions which would be reviewed by the LMCD attorney DNR proposal to enter into a cooperative agreement with the LMCD, to have the LMCD issue certain permits for the DNR; recommending a letter be sent to the DNR that the LMCD is interested in entering into a cooperative agreement Minnetonka Yacht Club; recommending approval of a multiple dock license renewal without change for 1994 scientific buoy in West Upper Lake; recommending to the Lake use & Recreation committee that a special event permit be issued with no fees for this scientific buoy [Item 2. F. 1)] L. Additional Business LAKE USE AND RECREATION, Chair Foster A. Approval of minutes, 4/18/94 and 6/13/94 meeting (4/18/94 minutes distributed with April board agenda mailing) B. Draft ordinance relating to Watercraft for Hire, amending Sect. 3.07; recommending approval of the first reading, as amended by committee C. Draft ordinance relating to Marine Toilets, amending Sect. 3.04, Subd. ?; recommending approval of the second reading D. Request for Quiet waters Areas south of Deering Island; recommending that no quiet waters area be established in the area south of Deering Island E. Hennepin county Sheriff's Water Patrol Report F® Additional business 1) U of M Scientific Buoy in West Upper Lake; Water Structures committee recommendation that a special event permit be issued with no fees SAVE THE LAKE ADVISORY COMMITTEE, chair Mollet * A. Approval of minutes, 6/2/94 meeting B. Divers Lake Bottom Clean-Up, 6/19/94, report of committee event C. Progress to date on priqate fund solicitation resp°nse LMCD Board of Directors Agenda, 6/22/94 Page 3 ® LAKE ACCESS COMMITTEE, Chair Grathwol A. Report of 6/22/94 meeting 1) Present Lake Access Task Force Report for final adoption upon review of comments from cities and agencies 2)Communicate Lake Access Task Force Report to state public officials 3) Designate Lake Use & Recreation committee to implement Lake Access Task Force Report recommendations and terminate the Lake Access Committee EURASIAN WATER MILFOIL TASK FORCE, Chair Penn * A. Approval of minutes, 6/10/94 meeting Be Report on 6/10/94 Task Force meeting Zebra Mussel Action Plan Subcommittee Report, 6/15/94 meeting ADMINISTRATIVE COMMITTEE, Chair Johnstone * A. Approval of minutes, 5/25/94 meeting B. Report of 6/22/94 meeting 1) Policy proposal on reserve level for Save the Lake Fund Balance 2) Review and recommendation regarding extended overtime hours for milfoil crew to speed up milfoil harvest C. Additional business FINANCIAL REPORTS, Treasurer Rascop A. May Balance Sheet B. Year to Date Financial Summary C. Audit of Vouchers for Payment (meeting handout) D. 1995 LMCD Budget for a~option and submittal to member cities EXECUTIVE DIRECTOR REPORT, Strommen NEW BUSINESS ADJOURNMENT 6/17/94 RECEIVED DRAFT LAKE MINNETONKA CONSERVATION DISTRICT Regular Meeting 7:30 PM., Wednesday, May 25, 1994 Tonka Bay City Hall CALL TO ORDER ' The meeting was called to order by Chair Johnstone at 7:30 PM ROLL CALL Members Present: Wm. Johnstone, Chair, Minnetonka; Bert Foster, Deephaven; James Grathwol, Excelsior; Jos. Zwak, Greenwood; Mike Bloom, Minnetonka Beach; Gene Partyka, Minnetrista; Tom Reese, Mound; Robert Rascop, Treasurer, shorewood; Douglas Babcock, Secretary, Spring Park; Tom Penn, Vice Chair, Tonka Bay; Duane Markus, Wayzata. Also present: Charles LeFevere, Counsel; Rachel Thibault, Administrative Technician; Eugene Strommen, Executive Director. · Members Absent: Craig Moiler, Victoria; Herb Suerth, Woodland Orono has no appointed representative. CHAIR ANNOUNCEMENTS There were no announcements from the chair. READING OF MINUTES Zwak moved, Bloom seconded, to approve the minutes of the 4/27/94 Board meeting as submitted. Motion carried unanimously. PUBLIC COMMENTS There were no comments from persons jects not on the agenda. in attendance on sub- CONSENT AGENDA Bloom moved, Babcock seconded, to approve the Consent Agenda items identified by "*", removing 1.A. (Water Structures Commit- tee Minutes of 5/14/94) and 1.F. (Bean's Greenwood Marina) for individual discussion. Motion carried unanimously. COMMITTEE REPORTS 1. Water Structures, Chair Babcock A. Approval of Minutes. Babcock moved, Grathwol seconded, to approve the minutes of Water Structures Committee meeting of 5/1.4/94 with the following corrections: Page 2, Item 2, Minnetonka Boat Works, (MBW), Paragraph 3, 5th Sentence to read: "Babcock added that MBW had 76 7~4 storage slips and 6 transient slips all within 200' " Page 3, Line 2, to read: " .... 80 slips to 89 slips in order to ee~a~m ad__~d the 9 slips geam~ed ponstrpcte~dd under the TLWV." Motion carried unanimously. B. Michael G. Arvidson New Multiple Dock License Applica- tion, Shorewood, 'Gideons Bay. Babcock presented the Public Hearing report with findings and committee recommendation for approval of a multiple dock license for 7 BSU at Lot 293, Auditors subd. 135, with the stipu- lation that the granting of this license does not authorize anything prohibited by the City of shorewood Ordinances. LMCD BOARD OF DIRECTORS May 25, 1994 DISCUSSION: LeFevere suggested adding to the motion LMCD Code Section 2.12, Subd. 8. MOTION: Babcock moved, Foster seconded, to approve a multiple dock license for Michael G. Arvidson, Shorewood, Gideons Bay, for 7 BSU at Lot 293, Auditors subdivision 135, noting that as speci- fied in LMCD Code Section 2.12, Subd. 8, nothing herein is in- tended to supersede ordinances or regulations of local municipal authorities or other governmental agencies with appropriate jurisdiction, or to authorize any use or structure which is prohibited by such ordinance or regulation. The LMCD recognizes the legitimate interests of other governmental agencies in regu- lating uses and structures, and nothing herein should be deemed a disapproval of any such regulations. DISCUSSION: Rascop said approval conflicts with the Shorewood ordinance as the lots involved do not have a primary residence on them. The executive director said the structures are not on the outlot itself. The docks precede the city's ordinance which prohibits building docks without a primary structure on the site. Thibault said that in 1982 the City of Shorewood allowed the three docks to be grandfathered in. Two docks are to be used soley by Mr. Arvidson, 5595 Timber Lane, and his tenant at 5597 Timber Lane and the third dock is limited to use by Duane Bag- dons, 5585 Timber Lane, who has a dock easement on the site. In a letter dated 5/4/94, the city stated that if the docks are used to store boats other than those owned by Arvidson, his tenant and Bagdons, the license should be revoked. Thibault said the committee, in its discussions, did not want to be in the position of enforcing the Shorewood ordinance. LeFevere said that, if one of the boats were to be owned by someone other than those specified by Shorewood, it would not be a violation of the LMCD Code. The District, in that case, would be in the position of enforcing the city's code. Rascop said the LMCD Code says the LMCD will abide by city ordinances and will not approve anything in violation of a city Code. Babcock said the city has stipulations about the use of the docks over and above what the LMCD Code requires. LeFevere said Sect. 2.03, Subd. ~ of the Code regarding multiple dock licensing states that construction must comply with municipal zoning ordinances. The action can be interpreted that the LMCD is not pre-empting the authority of the city. He said that by acceding to the city's request it puts the LMCD in the position of enforcing a city ordinance. He used as an example a city requesting the LMCD not approve a dock for a restaurant that does not have adequate parking on land. The parking is not part of the L~CD authority. Bloom spoke for approval based on the applicant complying with the LMCD ordinances. VOTE: Motion carried, Rascop voting nay. C. Minnetonka Boat Works (MBW), Multiple Dock License, (MDL) Special Density License (SDL) and Length Variance Applica- tions, 294 E. Grove Lane, Wayzata, Wayzata Bay. - continued LMCD BOARD OF DIRECTORS May 25, 1994 The committee submitted the Public Hearing report and Find- ings and recommended as follows: 1) Findings and Order be drafted for denial of the variance application, 2) extension of the temporary low water variance (for the nine slips extending to 238') for one year to 4/26/95, subject to execution of a coopera- tive agreement with the City of Wayzata for the use of the handicapped accessible slip, with nine inside slips being taken out of service, and 3) the applications for a new multiple dock license and special density license be tabled. Johnstone said he would refrain from voting because of a possible conflict of interest as his firm does work for MBW. Babcock said the committee voted as it did because it wanted to send a message that the District does not want variances beyond the 200' limit. The decision to extend the Temporary Low Water Variance (TLWV) for one year was in response to the Ameri- can Disabilities Act (ADA) and because of the costs being in- curred by MBW in replacing non-encased polystyrene docks at its Orono marina. The SDL and new MDL applications were tabled because they require a new site plan. Foster asked that each item be considered individually. Babcock said the three items are tied together. Foster asked whether it would be realistic to deny the variance to 238' but leave the variance application open to up to 200' He would like to have that option left open to MBW without submitting a new application. Markus called attention to a 5/24/94 letter from Allan Orsen, City Manager, City of Wayzata, indicating he has met with the MBW staff regarding some land use changes tying in with the proposed Lakewalk along the Wayzata lakefront. The city supports the extension of the MBW variance to allow a reasonable time frame for all parties to better determine the future use of the waterfront. Markus suggested there will be a total reconfigura- tion of the area between Broadway and Barry Avenues. He suggest- ed allowing the TLWV docks to remain in place for one year, but not be used. Babcock recapped that MBW needs a variance for any change in the 100' to 200' area, there is a need for a new multiple dock license because there is a change in configuration and additional slips, and a new Special Density License in order to add 9 slips. James Farrell, Oenmar, said that if the District requires a roping off or non-use of the 9 docks outside of the 200' limit the MBW will withdraw its offer to enter into an agreement with the City of Wayzata for the use of one slip for the city's com- pliance with the ADA. MOTION: Markus moved, Foster seconded, to amend the TLWV to allow the 9 slips constructed under the TLWV to remain in posi- tion until 4/26/95 by which date they must be removed, provided they are, at this time, permanently roped off or in some manner prohibited from being used. The justification for the extension is the hardship involved in the cost of removing the docks at this time. LMCD BOARD OF DIRECTORS May 25, 1994 DISCUSSION: Frank Pillsbury, General Manager, MBW, asked that MBW be allowed to use the 9 slips when the MBW has a special event. Foster asked Markus if he would amend the motion to allow the use of the slips for special events. Markus did not agree to amend the mot ion. Reese said he is concerned by the City of Wayzata letter supporting the variance. Foster called attention to a letter from the Wayzata Yacht Club (WYC) offering an ADA approved handicapped slip to the City of Wayzata in return for LMCD approval for removal of 9 of its buoys and replacement with 9 slips beyond 200'. Pillsbury said there are more ADA requirements than just a ramp to a dock. He doubts that the WYC docks meet the other ADA requirements. Pillsbury objected to any inference that the ADA slip for the city is a bargaining chip for the additional slips. VOTE: Motion carried, Rascop and Reese voting nay. Johnstone abstaining. MOTION: Grathwol moved, Bloom seconded, to refer to the commit- tee any plans the MBW has for a variance, multiple doCk license and special density license falling within 200' of the shore line. VOTE: Motion carried, Johnstone abstaining. E. Sandy Beach Place, 3995 North Shore Drive, Orono, West Arm The application is for a new dock license to reduce the slips from six to five to comply with City of Orono requirements. The requirement results from the removal of one structure from the property. A request of the applicant for his personal use of the sixth slip was denied by the city. Babcock asked about the 8' extension on the pier on which the sixth slip was located. Thibault said it is used for water skiing and is within the dock use area. MOTION: Babcock moved, Grathwol seconded, to approve a new dock license for Sandy Beach Place, reducing the slips from six to five, eliminating slip #4, which is to be signed "No Parking" VOTE: Motion carried unanimously. F. Bean's Greenwood Marina, 21945 Minnetonka Blvd., Green- wood, St. Albans Bay. MOTION: Babcock moved, Zwak seconded, to approve a new dock license for Bean's Greenwood Marina with minor changes as fol- lows: 1) Relocation of slip #104 to the space next to slips #55- 58 2) Relocation of slip #110 next ~o Slip #7 3) denial of the relocation of slips Tl12 and TI13, 4) Require the dock ends next to slips #80 and #84 to be signed "No Boat Docking". VOTE: Motion carried, Penn voting nay. G. Lord Fletchers Apartments, 4400 West Arm Road, Spring Park, West Arm. Babcock turned the chair over to Foster because he lives in Lord Fletchers Apartments. LMCD BOARD OF DIRECTORS · May 25, 1994 The application is for a new dock license for reconfigura- tion of slips with no increase in slip size and a request for partial construction of the dock. Foster explained that the applicant is licensed for 32 slips and wants to construct only the 14 slips needed this year. LMCD ordinance No. 123, Code Sect. 2.05, Subd. 8, requires that special density licenses issued for facilities which are not fully constructed for any two year period shall be deemed abandoned and revoked except to the extent such facilities are actually constructed within such period; provided, that the facilities may be partially construct- ed if the licensee: a) receives approval from the Board for such partial construction at the time of the granting of the appli- cant's annual multiple dock license and b) all amenities required for the facility are provided during the year. Lord Fletcher Apartments has a Special Density Permit issued 10/3/84 based upon the provision of public winter access at the apartment ramp. Foster said the District could allow partial construction of this facility, reducing from the licensed 32 slips to 14, as requested. If denied, the applicant then would be forced into building all 32 slips. The executive director said the purpose of Ordinance 123 is for control when applications are made for multiple docks with no intent to build in the immediate future. Foster's motion for approval was not seconded. Thibault said there have been 32 slips at the site in the past. Foster said it is a seasonal dock and they put out only as many sections as needed for their tenants. Babcock said there have been about 14-16 slips installed over the past five years. Reese said by approving this application the District if perpetu- ating a grandfathered situation. He thought the District had intentions to eliminate the grandfathered multiple docks. Bloom agreed with Reese's comments. LeFevere said this a unique situation. They have a special density license acquired before the code was changed to prohibit special density licenses to facilities not open to the public. There was discussion on other locations on the Lake, such as Chapman Place, which had to conform to LMCD requirements for a commercial marina to maintain non-conforming, grandfathered boat storage density. LeFevere pointed out that there are no vested rights in any multiple dock license, as the District can change the Code at any time. MOTION: Foster moved, Grathwol seconded, to table the applica- tion of Lord Fletchers Apartments and refer the matter to the committee. Bloom and Markus voting nay. VOTE: Motion carried, Rascop, Babcock abstaining. Foster turned the chair back to Babcock. H. City of Wayzata's Preliminary Plans for the Lakewalk Scott Richards, Northwest Associated Consultants, Inc. and James Robin Landscape Architect, exhibited the proposed plans ' - continued LMCD BOARD OF DIRECTORS May 25, 1994 for a Lakewalk on the downtown Wayzata shoreline, Wayzata Bay. A presentation was made initially at the 5/14/94 Water Structures Committee meeting, as detailed in its minutes. The committee recommended approval of the concept. Babcock said the presentation to the Board was informational only. There are a number of steps to be accomplished such as a variance for the dock width. A multiple dock license would have to be approved along with a special density license to add trans- ient and overnight boat slips. An EAW would be required and other technical matters considered before there can be any indi- cation of approval. The ownership of the shoreline was clarified. The City of Wayzata owns the land to the Lake. The Burlington Northern Railroad (BN) has an easement over it. Rascop asked how this plan ties in with the handicapped access for the City of Wayzata discussed earlier in the meeting. Robin said the Lakewalk will meet ADA requirements, current or pending. Foster said the Lakewalk will solve the City of Wayzata ADA requirements. Babcock said the City has two years to meet ADA requirements. Penn asked why this had to be built over the water. Robin said it is because BN requires a 25' setback from its center line and that prohibits use of the land along the shoreline. A dock on the land would require fill in the Lake. A fill permit will not be given by the State. Bloom asked for further information regarding BN's refusal for use of its easement. It was explained the BN tracks are heavily traveled. There was a fatal pedestrian accident on the tracks two years ago. The city is unwilling to compromise BN's safety standards. Penn said the concept is fine but he cannot support a 1000' dock. Johnstone asked if other plans were considered using the area near the depot to avoid building in the Lake. Robin said there is always some other possibility. They are addressing the need to get from Broadway to where they can get back on land near the Depot. Babcock said the committee discussion concerning the Lake- walk favored putting in a fishing pier and gaining more access for transient boats to relieve congestion on other parts of the Lake. Johnstone asked about costs and funding sources. Robin said the estimated cost is $2,000,000. The City of Wayzata, through Tax Increment Financing, has provided $250,000 for the planning stage. The Wayzata Improvement Foundation plans to have fund raising programs. Grathwol asked what uses are being made of the shoreline now. Robin said people tend to walk down the BN right-of-way. Richards said the City has looked for years for some plan to get the public down to the Lake view. The next steps are to discuss this with all concerned agen- cies. A concurrence by the District with the concept would be appreciated. LMCD BOARD OF DIRECTORS May 25, 1994 The Lakewalk will be lighted according to LMCD regulations for safety purposes on the walkway. Bloom would like to see a plan getting it out of the Lake and on to the shore. Grathwol said this is a creative solution for getting people access to the lake and for safety purposes. MOTION: Foster moved, Grathwol seconded, to give concept approv- al to the Wayzata Lakewalk plan. DISCUSSION: Bloom said he has concern that concept approval would be on the plan, rather than the District approving the use of the Lake. Grathwol said, despite the variances need for dock width and distance into the Lake, it is a good idea. Penn said the plan is fraught with problems and he does not believe the District should give a green light on this plan. There is a list of issues to be addressed. Bloom said he would be uncomfortable voting on something as important as this without discussing it with his city. · LeFevere said perhaps this should go back to the committee He said it may be a great idea, but is different than anything the District has seen before. For one thing it is taking unusa- ble shoreline and making it usable. It is a closed-in system and blocks off part of the Lake. There may be other applications on other Lake shoreline where it does not make as much sense as this one. Applied elsewhere the idea would not be wise. LeFevere said, typically, over the years, the District has been faced with docks going out into the Lake to create boat slips. That kind of use is desirable for marinas. This idea, applied by a marina to get access to some other part of the Lake, would not be desira- ble. Land developers might want to use the same concept. The District may find a need to include something in its code to cover this kind of activity. He said there is a risk in setting a precedent by using the current code. LeFevere advised the Board to anticipate the problems and by trying to use the current Code the District may have a hard time turning the plan down. Foster said he can support Code changes to accommodate a governmental-tYpe public accommodation. It would be a benefit to Wayzata and the public. Bloom asked that there not be a vote at this time, after just the first viewing. He wants to see if his views are the same as his council's. Richards said they are not pressing for a vote of approval. Johnstone said he is not ready to vote at this time. He would like time to review the plan and come back with constructive comments. Partyka said he would like to see ordi- nances created to deal with this type of improvement rather than dealing with many variances o[ the current code. Foster and Grathwol withdrew the motion. MOTION: Foster moved, Rascop seconded, to table the proposal and refer it to the Water Structures Committee for further study. VOTE: Motion carried unanimously. LMCD BOARD OF DIRECTORS May 25, 1994 2. LAKE USE AND RECREATION COMMITTEE, Chair Foster B. Draft Ordinance Relating to Lighting on Docks, Amending Section 2.03 and Section 2.12. MOTION: Foster moved, Reese seconded, to approve the second reading of the draft ordinance relating to lighting on docks, amending Section 2.03 and 'Section 2.12 of the LMCD Code. DISCUSSION: Babcock said Spring Park does not feel the District should be spending time and money discussing lighting on docks. Rascop said he does not believe it is a good law, that it does not have the proper wording and definition of lighting. gwak and Markus agreed with Rascop's statement. Rascop said he wants it understood he supports the idea of an ordinance to control lighting on docks. He explained that he has talked to several experts in the lighting field. It is his feeling that the proper wording for light description should be in "foot candle power" Johnstone expressed concern about the differences on the Board as to whether this is the right way to accomplish the goal of reducing objectionable lights on the Lake. Bloom said perhaps the wording is not perfect. The commit- tee used the language it did to make it understandable to the average person who knows what a 100 Watt bulb is. Bloom said he is getting an impression that some member cities feel the Dis- trict should not do this because it is encroaching on the land. He asked if this subject came up at the mayor's meeting. John- stone said he believes there are a couple of cities which do not support it, and feel that it is not important enough for the District to spend time on it. Bloom said he would not have an objection to taking this back to the committee if the members objecting could give some other language. Babcock, as the person charged with developing an envelope concept, said he finds the requirement for detailed plans for lighting as not fitting into the envelope concept. Penn asked whether there has been contact with the cities on this. Up front involvement with the cities is necessary. There is a perception of infringing on city authority. Babcock said Spring Park feels the District is getting too detailed for what it is trying to achieve. He believes it is going too far. LeFevere clarified that the proposed ordinance, amending Sect. 2.03, Subd. 12 refers to lighting on multiple docks and Sect. 2.12, new Subd. 14 refers to all dock lighting. Sect. 2.03, Subd. 12 of the proposed ordinance, in asking for a light- ing plan, is typical of land planning requirements. Gabriel Jabbour, Orono, said as he is in a business special- izing in lights and lighting control, he has expertise to offer the Board. He said a 100 Watt bulb can have a variety of inten- sities. The manner of measuring intensity is a complicated, mathematical formula involving the use of light meters. He said the ordinance does not address the dispersion of lighting, indi- rect lighting, clustering of lights or cumulative lights. Jab- hour offered to put up a display of various lights at his marina, LMCD BOARD OF DIRECTORS May 25, 1994 Tonka Bay Marina, to show the Board the difference in various types of lights. He furnished the executive director with addi- tional information. Foster thanked Sabbour for the effort he has put forth. He disagreed with Jabbour in that he believes the ordinance has made a complicated matter simple and understandable by having the offensive lights shielded. Grathwol said he believes it is important to build a consen- sus about lights on the Lake before going ahead with the ordi- nance adoption. He would like to see both ordinances, this one and the one for the cities to adopt, come forth at the same time. MOTION: Babcock moved', Zwak seconded, to table the discussion and refer the matter back to the committee. VOTE: Motion carried, Fo~ter, Bloom and Reese voting nay. C. Draft ordinance Relating to Huntington Point Quiet Waters Areas, Lower Lake North MOTION: Foster moved, Bloom seconded, to waive the second and third readings and approve the adoption of the draft ordinance establishing two Quiet waters Areas near Huntington Point. VOTE: Motion carried, Markus and Babcock voting nay. D. Draft ordinance Relating to Special Event Permits, Amending Code Sect. 3.09. The Board received a draft ordinance which will allow the Water Patrol to issue special event permits in lieu of both the District and the Water Patrol issuing permits. LeFevere said the ordinance before the Board is a mixture of the one he prepared with changes recommended by the Water Patrol incorporated into it. Le?evere said it will not work in the form submitted. He said Subd. 4 of the proposed ordinance provides for an appeal of a Water Patrol decision that says the Board, after consideration by the appropriate committee, can affirm, reverse or modify the decision of the Water Patrol. LeFevere said that in delegating the power of issuing special event per- mits to the Water Patrol, the District still is responsible even if it doesn't review the application. LeFevere said there was a misunderstanding with the Sheriff's Department in that Subd. 4 might be interpreted as giving the District power over the per- mits the Water Patrol issues under State Statutes. LeFevere said the amendment to Subd. 2 includes the deletion of the application fee charged by the District as the Water Patrol has no authority to charge fees. He said if the District wants to continue to collect fees for the special event permits a method has to be developed so the District can collect a fee while the Water Patrol issues the permit. MOTION: Foster moved, Babcock seconded, to refer the draft ordinance re special event permits back to the committee for clarification of the matters mentioned by LeFevere. VOTE: Motion carried unanimously. LMCD BOARD OF DIRECTORS May 25, 1994 E. Draft Ordinance Relating to Marine Toilets MOTION: Foster moved, Zwak seconded, to approve the first rend- ing of a draft ordinance relating to marine toilets, amending Sect. 3.04, Subd. ? of the LMCD Code. DISCUSSION: Thibault explained the ordinance is an update re- quested by the Water Patrol. The current ordinance refers to Pollution Control Agency approved treatment devices for marine toilets, and there is no such approved device. The PCA and MnDNR have seen the ordinance and have not offered any objections. Babcock questioned whether this ordinance would prohibit him from having an over-flow vent on his boat. LeFevere said he probably would be in violation if it is an over-flow drain that discharges outside of the boat. Babcock said he would be opposed to adopting an ordinance placing 95% of the boats on the Lake in violation. Johnstone wondered why, if this is covered by State law, the District has to have a separate ordinance. LeFevere said he believes the discharge into the Lake is covered by State law which prohibits portable toilet facilities on boats but they are informally accepted. Babcock said he believes the wording prohibits over-flow vents. He understands that discharge into the Lake would be illegal. Foster said he is troubled by the use of the word "drain" rather than "vent" LeFevere suggested, as this is the first reading of the ordinance, he will take a look at what the State law says and how it is interpreted. There will be time before the second reading to get answers to the questions raised. VOTE: Motion carried, Babcock voting nay. COMMENT: Babcock said he has observed excessive speeds at night on the Lake. The executive director will discuss it with the Water Patrol. 3. SAVE THE LAKE ADVISORY COMMITTEE, Strommen for Moiler A. Minutes The executive director reviewed the minutes of the Save the Lake Advisory Committee of 5/5/94. He commented on the "Lake- watch" report. Gabriel Jabbour was applauded for his contribu- tions to the Lakewatch water clarity and temperature monitoring program which kicked-off its program 5/14/94 at the Tonka Bay Marina. B. Revised Budget The executive director called attention the committee's recommendation that the lakeshore lighting expenses of $5,000 be drawn from LMCD public funds rather than from the Save the Lake budget. It is the committee's belief that ordinance preparation is a function of the General Fund. MOTION: Zwak moved, Markus seconded, to move the $5,000 for lighting from the Save the Lake Fund to the General Fund. DISCUSSION: Babcock said Spring Park is not in favor of spending money on this lighting ordinance. Babcock further said it does not favor spending General Fund money on it, so he plans to vote against this motion. Partyka asked Reese how much money he 1 o LMCD BOARD OF DIRECTORS May 25, 1994 thinks is needed for the lighting ordinance study, commenting on the need to keep the budget down. Reese responded that he thought the Board had placed its trust in he and Foster to develop the ordinance. Penn said he understands the committee does not except to spend $5,000 on legal and consulting fees. He asked why is it being put in the general fund. Reese responded that the committee is not any where near a solution, so the fund- ing should not be taken away. The executive director said the proposed transfer of budget funds will not require a budget amendment. The only expenditures so far have been for legal services. Those costs could be ab- sorbed into the already budgeted legal costs. Consulting service has come at not cost to the LMCD from volunteers, thanks to contacts made by Reese and Foster. Reese said very little has been achieved to date in an attempt to control light pollution. The publicity has produced an interest on the part of the public. By taking away the fund- ing and referring the ordinance back to the committee the message to the public is that the District is not interested. If the funding is taken away, Reese said he will not have anything to do with the program. Penn suggested obtaining some dollar estimate of what it will cost to complete the program. Grathwol said it is possible that the Save the Lake committee does not fully understand the problem and therefore it has a concern about spending $5,000. Reese said there is still a need for a test site. By deleting the funding the impetus is being taken away. Partyka asked if $2,000 would be sufficient to complete the program. Reese said it is a matter of trusting the lighting subcommittee. Johnstone responded that it is not a matter of trust, rather it is the matter of whether $5,000 is needed. Rascop said the message he sees is that if the lighting subcommittee does not spend the money it will be taken away [rom them. There will be additional costs when the ordinance for adoption by the municipalities is drafted. Babcock asked fbr a budget covering the lighting ordi- nance adoption costs. Rascop said he believes these special project costs should come out of the Save the Lake Fund. MOTION AS RE-WORDED: Zwak moved, Markus seconded, that the budget item of $5,000 for lakeshore lighting expenses be removed from the Save the Lake Fund and the funding come from the General Fund for the purpose of developing a lakeshore lighting program. VOTE: Motion carried, Rascop, Foster, Babcock and Reese voting nay. C. Save the Lake Fund Reserve Level The committee discussed the existing Save the Lake Fund balance and asked that the Board consider a policy on how much of a reserve should be retained. It was discussed at the Adminis- trative Committee meeting of 5/25. The committee recommendation is to have the current expenditures drawn out of current earnings and the earned interest stay in the Fund Balance. There was also LMCD BOARD OF DIRECTORS May 25, 1994 discussion about building the Fund by a certain percentage each year to have funds for any emergency. Babcock suggested spending current year contributions plus 1/2 of the accrued interest on current year projects. The consensus of the Board is to prepare a policy of not invading the principal of the Save the Lake Fund, making the annual contributions avaiJable for current projects. The execu- tive director was asked to draft a policy statement for Board approval. The executive director reported $4,500 has been received from the current year 1994 mail solicitation which went out May 19, including $2,000 from the Norwest Bank E-Z Race. 4. LAKE ACCESS COMMITTEE, Chair Grathwol A. Lake Access Task Force Meeting 5/11/94 MOTION: Grathwol moved, Rascop seconded to approve the report of the Lake Access Task Force meeting of 5/11/94 as sub- mitted, correcting the meeting date and adding Mike Markell to those present. Motion carried unanimously. B. Presentation of the Lake Access Task Force Report Grathwol presented the May 11, 1994 Draft Report of the Lake Access Task Force to the Board. Grathwol expressed thanks to the Task Force members from the DNR, David Cochran, Gabriel Jabbour, Bert Foster and Eugene Strommen. MOTION: Grathwol moved, Rascop seconded, to receive the Lake Access Task Force report draft and refer it to the Lake Access Committee for recommendation to the Board at its next meeting. VOTE: Motion carried unanimously. Markus said he has observed cars and trailers with three personal watercraft parked at ramps. He understands there are more such trailers being built. He said this activity could add 200 to 300 more boats on the Lake, using 100 car/trailer parking spaces. Penn said that is an issue the Lake Use and Recreation Committee is going to have to take up. Johnstone expressed thanks to 6rathwol, on behalf of the Board, for having undertaken the long and difficult process of preparing the report and completing it. 5. EURASIAN WATER MILFOIL TASK FORCE, Chair Penn A. There was no meeting in May B. Zebra Mussel Action Plan Subcommittee Penn reported the Task Force has established a Zebra Mussel and Exotics Action Plan Subcommittee. A report of its 5/19/94 meeting was distributed He said " low is ,,p · s down" better than revent" as a reference in the first paragraph. He said the purpose of the subcommittee is to slow down the introduction and spread of zebra mussel and other aquatic exotics. Participants in the subcommittee are the blnDNR, Hennepin Parks, LMLOA, MN Sea Grant and the MN Lakes Association. The subcommittee was formed because of Lake Minnetonka's proximity to the Mississippi River where Zebra Mussel has been found. Its purpose is information gathering, development of a May 25, 1993 LMCD BOARD OF DIRECTORS realistic plan for control,/ review the actions of the MnDNR to date, to be pro active on the programs and to bring other organi- zations into the study, such as the fishing community. Babcock said there has to be some way of putting the respon- sibility for slowing the spread on the people using the water facilities. 6. ADMINISTRATIVE COMMITTEE, Chair Johnstone Johnstone reported on the meeting with Mayors and Council- members held on 5/4. Seven Mayors and 3 Councilmembers were present. A general review and oversight of the Lake Minnetonka Conservation District was given, including what its responsibili- ties are. The meeting response was positive with good questions. The disappointment was that there were not more councilmembers present. Johnstone suggested invitations be sent to councilmem- bets for the next Mayors' meeting. Johnstone reported the City of Orono has approved payment of its past due levies at its May 23, 1994 Council Meeting. The city has not appointed a representative to the Board. The annual lake tour is scheduled for 7:30 PM, Tues.,June 7. Detailed information will be sent out. 6. FINANCIAL REPORTS, Treasurer Rascop A. March and April balance sheets were distributed and ordered filed. The financial summary as of 4/30/94 is available. It shows the District is within its budget limits. B. Payment of Bills It was explained the larger amounts were levy refunds to cities which paid in full for 1994 and the shoreland Grant reim- bursement, painting the harvesters and the General Liability Is Insurance. MOTION: Foster moved, Zwak seconded, to approve payment of bil in the amount of $66,173.48, Payroll checks #1211 through #1218 and checks #9678 through 9759. VOTE: Motion carried unanimously. C. 1993 Audit Report The Babcock, Langbein and Company 1993 LMCD audit and man- agement letter were received. The recommendations in the manage- ment letter are being complied with. The executive director said he is investigating off-site storage of records. Rascop compli- mented the auditor for the timeliness and thoroughness of the audit. D. Draft of 1995 Budgct Rascop said the draft budget for 1995 is the second year of the program to reduce the fund balance to a six month appropria- tion. The District is funded within the .00242% levy to the cities. Rascop said 1995 does not present a problem, but in 1996 and future years the levy limit will not support current pro- grams. There may be a need to reduce some management activity and some milfoil work. LNCD BOARD OF DIRECTORS Nay 25, 1994 Babcock said he would like to see a five year plan with a capital expenditure program. Rascop said he has talked to some Lake area assessors and there will be increases in the city valuations. Jabbour said Mound and Orono are leveling off in valuation. Jabbour suggested getting the private sector to join with the District in joint ventures. Rascop asked for any reductions or additions. This draft will be sent to the cities for their comments. Final approval of the 1995 budget will be made at the Sune Board meeting. The final budget will be in the hands of the cities by Suly 1. The cities may still ~all for a hearing on any objection to the budget before the city certifies the LMCD levy amount in its budget. The executive director announced he will separate the Save the Lake Fund from the puSlic General Fund and milfoil budget. MOTION: Babcock moved, iwak seconded, to approve circulation of the draft budget to the cities. VOTE: ~otion carried unanimously. Johnstone asked members to attend the meetings at which their respective city councils discuss the LMCD budget. EXECUTIVE DIRECTOR REPORT, Strommen The executive director reported he is pleased with the progress of the personnel and their commitment to expanding obligations. All approved multiple dock licenses have been sent out. Charter boat licenses have all been processed. Strommen thanked Foster for his assistance in editing the Lake Access Task Force Report. Foster thanked Jim Wyer and Randy Shutt for their work on the wake brochure. Bloom reported he is filing a charge against a 41' boat for creating an excessive wake which threw water into his boat and almost swamped some fishing boats. ADJOURNMENT Chair Johnstone declared the meeting adjourned at 10:45 PM. Wm. Johnstone, Chair Douglas Babcock, Secretary LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:30 PM, Wednesday, May 25, 1994 Tonka Bay city Hall, 4901 Manitou Rd CALL TO ORDER ROLL CALL CHAIR ANNOUNCEMENTS, Johnstone READING OF MINUTES - 4/27/94 Board Meeting PUBLIC COMMENTS - From persons in attendance on subjects not on agenda (5 minute limit) CONSENT AGENDA - Consent Agenda items identified by "*" will be approved in one motion unless a Board member requests an individual discussion of any item. In that case the item will be removed from consent agenda and considered as a specific item. COMMITTEE REPORTS 1. WATER STRUCTURES, chair Babcock * A. * D. ~o keep the sixth slip for the owners use. Approval of minutes, 5/14/94 meeting B. Michael G. Arvidson new multiple dock license application, Shorewood, Gideons Bay; Public hearing report with findings and recommending approval of a multiple dock license for 7 BSU at Lot 293, Auditors Subd. 135, with the stipulation that the granting of this licens~ does not authorize anything prohibited by the city of Shorewood Ordinances. C. Minnetonka Boat Works, multiple dock license, special density license and length variance applications, 294 E. Grove Lane, Wayzata, Wayzata Bay; Public hearing report with findings and recommendations as follows: 1) recommending Findings and Order be drafted for denial of the variance application, 2) recommending extension of the temporary low water variance (for the nine slips extending to 238') for one year to 4/26/95, subject to execution of a cooperative agreement with the City of Wayzata for the use of the handicapped accessible slip, with nine inside slips being taken out of service, and 3) recommending the applications for a new multiple dock license and special density license be tabled Carlson Dock Length Variance, 21650 Fairview Street, Greenwood, Lower Lake South; recommending approval of the draft Findings and Order granting approval of the dock length variance E. Sandy Beach Place, 3995 North Shore Drive, Orono, West Arm; new dock license to reduce the slips from six to five to comply with city of Orono requirements, eliminating slip 4, which is to be signed "no parking"; the city of Orono denied the request 'CD Board of Directors Agenda, 5/25/94, Page 2 * F. Bean's Greenwood Marina, 21945 Minnetonka Blvd., Greenwood, St. Albans Bay, new dock license for minor change in location of slips; recommending 1) approval of the relocation of slip $104 to the space next to slips #55-58 2) relocation of slip #110 next to Slip #7, 3) denial of the relocation of slips Tl12 and Tl13, and 4) that the dock ends next to slips #80 and #84 be signed "no boat docking,, G. Lord Fletchers Apartments, 4400 West Arm Rd, Spring Park, West Arm, new dock license for reconfiguration of slips with no increase in slip size, and request for partial construction of dock; recommending approval of the revised site plan for relocation of slips with no increase in slip sizes, with a request for clarification of Ordinance 123 as it relates to this application for partial construction of a dock with a special density license H. City of Wayzata,s Preliminary Plans for the Lakewalk on Wayzata Bay; recommending concept approval of the Lakewalk in Wayzata * I. Deicing License Deposit Refunds @$100 each; recommending approval of deposit refunds per minutes J. Additional Business LAKE USE AND RECREATION, Chair Foster * A. Approval of minutes, 5/16/94 meeting B. Draft Ordinance relating to Lighting on Docks, amending Sect. 2.03 and Sect. 2.12; recommending approval of the second reading as submitted C. Draft Ordinance relating to Huntington Point Quiet Waters Areas, Lower Lake North; recommending approval and adoption of the draft ordinance establishing two Quiet Waters Areas near Huntington Point, waiving second and third readings D. Draft Ordinance relating to Special Event Permits being Issued by the Sheriff for the LMCD, amending Sect. 3.09; recommending the Board review the revised draft with changes recommended by the Water Patrol incorporated Draft Ordinance relating to Marine Toilets, amending Sect. 3.04, Subd. 7; recommending approval of the first reading as submitted * F. Special Event Deposit Refund of $100; recommending approval of the deposit refund for the Holiday/Johnson Crappie Contest 4/23/94 * G. Requests for Quiet Waters Areas around Deering Island and Cedar Point; a lake tour will be scheduled to review these two sites for consideration of slow buoy placement (tour tentatively set for 7:30 PM, Tuesday, June 7) LMCD Board of Directors Agenda, 5/25/94, Page 3 * H. Excelsior Park charter Boat wine and Beer License applications; recommending approval subject to satisfactory background check by Sheriff * I. Hennepin county Sheriff's Water Patrol Report j. Additional business SAVE THE LAKE ADVISORY COMMITTEE, chair Mollet * A. Approval of minutes, 5/5/94 meeting B. Presentation of revised budget per Board's 3/23/94 recommendations, with request for reconsideration of lakeshore lighting allocation to general fund C. Policy on reserve level of Save the Lake fund requested LAKE ACCESS COMMITTEE, Chair Grathwol A. Report of 5/11/94 Lake Access Task Force meeting B. Presentation of the Lake Access Task Force Report EURASIAN WATER MILFOIL TASK FORCE, chair Penn A. No meeting held in May B. Zebra Mussel Action Plan Subcommittee Report, 5/19/94 meeting ADMINISTRATIVE COMMITTEE, Chair Johnstone Approval of minutes, 4/27/94 meeting Be Report of 5/25/94 meeting C. Additional business FINANCIAL REPORTS, Treasurer Rascop A. March and April Financial Summaries B. Audit of Vouchers for Payment (meeting handout) C. 1993 Audit Report D. Draft of 1995 Budget EXECUTIVE DIRECTOR REPORT, Str~mmen A. Personnel progress and commitment to expanding obligations NEW BUSINESS ADJOURNMENT 5/19/94 RECEIVEE) LAKE MINNETONKA CONSERVATION DISTRICT Action Report: Meeting: Water Structures Committee 7:30 AM, Saturday, June 11, 1994 Norwest Bank Bldg., Wayzata, Room 135 Members Present: Bob Rascop, acting chair, Shorewood; Tom Reese, Mound; Jim Grathwol, Excelsior; Gene Partyka, Minnetrista. Also present: Eugene Strommen, Executive Director; Rachel Thibault, Administrative Technician. Acting Chair Rascop called the meeting to order at 7:30 AM. 1. Bayshore Manor Condominiums, Excelsior, Excelsior Bay, multiple dock license application for revised site plan which reflects existing structures. Thibault distributed an aerial photograph from 1983 that confirmed the dock configuration of the new site plan submitted 4/5/94 showing the actual dock layout. MOTION: Grathwol moved, Reese seconded to recommend approval of the 4/5/94 site plan for Bayshore Manor Condominiums. VOTE: Motion carried unanimously. In order to process Item 2, the application from Lord Fletchers Apartments, clarification of the Board's intention regarding partial construction of docks with special density licenses was needed. Therefore, Item 3 regarding Ordinance 123 was taken before Item 2. 3. Ordinance 123, relating to Special Density Licenses and the effect of failure to construct licensed docks within a specified time; Staff's understanding was that Ordinance 123, relating to abandonment of a special density license, was written to include a provision for the Board to approve partial construction of a multiple dock with a special density license. This would allow the facility not to put in all its dock slips if they were not all needed. However, the committee chair had expressed the opinion that the ordinance intended that if the licensee did not put in all the slips for a two year period, the slips not installed would be lost. Thibault said there wsre two options: 1) to allow the licensees to partially construct the docks, putting in only what they need, or 2) force them to put in all the licensed slips every year or they lose the slips. Reese asked for a review of why the ordinance was drafted. There was concern that a particular facility, which was granted a special density license in a close vote, had never constructed its docks, yet was able to maintain its special density license. The facility has not been built, nor the amenities provided. The intent of the ordinance was to have the special density license expire after two years if the docks were not constructed by that time. WATER STRUCTURES COMMITTEE June 11, 1994 Grathwol said he feels the language in ord. 123 is broad enough. He doesn't have a problem with partial construction if the slips aren't needed. Reese and Rascop added that the primary structure should be in place. Thibault pointed out that the full amenities are required even for partial construction- Also, site~ with special density licenses are conforming. Partyka asked if there was any intention when the ordinance was drafted to reduce the number of slips over time if they were not used. It was pointed out that Lord Fletchers Apts. has a special density license with 1:13' density, but would not qualify for a special density license under the current code. Grathwol said that he did not understand that conforming special density licenses (1:10') were ever intended to be brought into compliance with 1:50'. No action was taken. 2. Lot4 Fletchers Apartments, spring Park, West Arm,. multiple dock license application for 1) reconfiguratlon with no increase in slip sizes per 5/6/94 site plan, and 2) approval of partial dock construction for 14 of 32 slips. MOTION: Grathwol moved, Reese seconded to recommend approval of partial construction of the Lord Fletcher's Apartment docks. VOTE: Motion carried unanimously- MOTION: Grathwol moved, Reese seconded to recommend approval of the minor reconfiguration of the Lord Fletchers Apartment docks per 5/6/94 site plan. VOTE: Motion carried unanimously- 4. Facilities with unrestricted watercraft affected by Resolution 90. Rascop asked if the resolution stated that the change in fees was retroactive or that any refunds would be made. Strommen pointed out that the resolution was adopted April 27, 1994, at the start of the boating season. Grathwol said he didn't remember it ever coming up. There was only · ' ness of charging equally. Rascop said discussion on the fair ....... ~ ~ effective starting he understood that the resolution wuux~ we with the 1995 season. It was pointed out that some licensees can now store additional unrestricted watercraft under the new ordinance, but have not paid. other sites, as noted in the memo, have been licensed and have been paying for years for unrestricted watercraft- MOTION: Grathwol moved, Reese seconded, that Resolution 90, adopted 4/27/94, be effective for the 1995 license year. VOTE: Motion carried unanimously. staff asked if those who haven't paid in the past should pay for the 1994 season. Examples noted were Rockvam who has six fishing boats for an amenity, Wayzata Yacht Club has sailing school prams, Deephaven has canoes on racks. Reese suggested that the District leave the fees has they have been charged in the past since all the fees have been collected. WATER STRUCTURES COMMITTEE June 11, 1994 5. Sect. 2.07 Temporary Structures The committee received a staff.memo dated 6/1/94 summarizing the current status of temporary structures. Thibault reviewed, advising that Code Sect. 2.01, states that no structures may be placed beyond the authorized dock use area (DUA) unless otherwise permitted by the Code. Sect. 2.07, Temporary Structures, addresses temporary structures surrounded by navigable water, allowing them out to 200' with a permit from the executive director. Her experience is that historically, since 1990, no permits have been issued for a temporary structure such as a swim raft or a ski jump, etc. Thibault,s understanding is that the reason is because the Water Patrol issues permits. When questioned, the Water Patrol said that they do issue permits, but only out to 100', unless it is too shallow. Then they would allow out to a maximum of 150' because this is within the shorezone. They are not comfortable allowing structures beyond 150'. The Water Patrol is mandated by the state to issue permits for temporary structures. The committee agreed that the distance in the Code should be changed from 200' to 150', and that the Code should authorize the Water Patrol to issue permits for the LMCD. MOTION: Reese moved, Grathwol seconded, to recommend to the Board that an ordinance be drafted changing the distance in Sect. 2.07, from 200' to 150' and that the LMCD get out of permitting temporary structures as long as the Sheriff's Water Patrol will issue under LMCD ordinances. VOTE: Motion carried unanimously. 6. City of Wayzata Lakewalk plans - held for Scott Richards 7. Envelope subcommittee meeting report, referred to next committee meeting per request of Chair Babcock 8. Consideration of 10' gas dock width and shelter for electronic equipment on gas dock Rascop pointed out that on the Lake Inspection Tour 6/7/94, the Board had an opportunity to view Tonka Bay Marina's gas dock facility which prompted the request. Thibault pointed out that there were two items to consider. One was the gas dock width, and the second was the shelter on the gas dock. Don Ponto, Vice President of Howard's Point Marina, was present to discuss the gas dock width. He advised that he supports the 10' width for gas docks from a safety standpoint. Grathwol said that he also supports the 10' width. He has had input that the 10' width is more stable for the boats coming up to the dock which go up against the pilings. Grathwol said that he has different concerns about the console structure on the dock. There is an ordinance limiting advertising signs and prohibiting sales of merchandise other than gas related items on the dock. He believes these rules should be left in place. He does not have a concern with a different type of console structure. WATER STRUCTURES COMMITTEE June 11, 1994 Thibault suggested putting a length limit on the other direction for gas docks, so the gas dock doesn't extend the full length of the dock. Ponto pointed out that their gas dock is currently 40'. Many boats on the lake are 25' long or more. Thibault suggested doing a survey of what is out there to determine what is practical. MOTIOn: Reese moved, Partyka seconded, to recommend approval (and drafting of an ordinance) of a 10' gas dock width, with the stipulation that some linearity be included upon recommendation of the staff. VOTE: Motion carried unanimously- MOTIOn: Reese moved, Rascop seconded, to recommend approval of a weatherproof shelter for cover and security of electronic equipment with size to accommodate one or two people as recommended by staff. VOTE: Motion carried unanimously. 6. city of Wayzata's Lakewalk plan Scott Richards, city planning consultant from Northwest Associated Consultants, Inc., introduced Barry Petit, Wayzata city council, Jerry Carisch, Wayzata improvement Association, and James Robin, Architect. , Richargs referred to the executive director s memo of . . . oints made at the 5/25/94 Board ~/~n;q4 which summarizes ~he_p ......... ~ 1. Strommen's meeting re¥1e~ ~ "~5.~.=] ~.nn~d rations o~tereu ~y ~"~ memo also includes auuxu~.. Attorney LeFevere. Richards asked for suggestions and a recommendation to the Board to have the LMCD attorney work with them to draft ordinances that would allow the Wayzata Lakewalk dock proposal. Rascop asked if the city would pay for some of the LMCD attorney's time spent on this. He pointed out that there are no funds in the LMCD budget to handle attorney's fees for this project. Richards suggested that they could draft the ordinances for the LMCD. Reese said that he has no objections to having Richards draft the ordinances. Rascop asked Richards to go through the executive director's letter and comment on what was said. Richards and Robin started out explaining how they plan to locate the transient slips. There are two 200' sections, one on each end, for transient slips. These areas would accommodate approximately 15-20 boats each. They also plan to have a dock for overnight storage of 20 boats. Rascop asked how many feet of shoreline the City of Wayzata has. Thibault advised that the city has 3460' of shoreline with 116 boat storage units (BSU), including 16 transient. The 12 transient slips at the Broadway site would be incorporated into the Lakewalk transient spaces. The 20 storage slips would be rented out to the general public on a first-come first-served basis. The storage slips are proposed to accommodate a 30' boat. The revenue from these slips is to help defray the cost of maintenance- WATER STRUCTURES COMMITTEE June 11, 1994 Reese said he has a problem with overnight storage at this site. The LMCD is looking f0r destinations on the lake, rather than additional storage slips. Carisch said that one of the city's main concerns is that the Lakewalk be maintained properly. The single purpose of the 20 storage slips is to collect revenue for maintenance, and the plan is to have them open to the public. The density of boat storage on Wayzata's shoreline was discussed. It was determined that they currently have 1:30' boat storage density, and are eligible for a special density license to a maximum of 1:10' or 346 boats. Carisch described the fencing near the transient areas. They are keeping the transient areas near the ends because people would use the docks to access Wayzata. Rascop asked about the controls on the walking path crossing the railroad tracks. Carisch said that Burlington Northern, and Burlington Northern Foundation was working with them on funding and designs for a controlled gate. A dock length variance is required for a dock extending beyond 100' from shore. Carisch explained that they tried to keep the dockage within 100', but the pier for the Minnehaha would not be long enough at 100'. They wanted to make sure the dock was long enough for tie offs on the stern and adequate water depth for a 5-6' draft in the rear. Richards asked if a dock beyond 100' for this purpose would be acceptable. Rascop advised that the 100' length limit has been passionately defended by the committee and the LMCD prefers keeping people within 100'. The dock width limit of 6' was discussed. The dock for rental slips would be 6' or less. The reason for the 16' walkway width is to make it comfortable for walking and usable by maintenance vehicles. A variance would be required for this also. Reese said he felt that there should be more transient. He would support all the slips being transient, rather than having some storage slips. Petit said that the goal of the lakewalk is to provide a place for pedestrians to get access to the lake, as well as a destination for boaters. Reese said that this is why the LMCD would support this type of project. Grathwol said that in concept he supports, and there are details that need to be worked out. He feels that this proposal can only be justified as a public project. This type of project must be differentiated from private projects. Location of dock on the water instead of on land. They must maintain the 25' setback from the centerline of the railroad. Grathwol questioned the ownership of the shoreline. Richards advised that the land is owned by the City of Wayzata, but the railroad has a permanent easement on it. Grathwol asked for clarification that at the ends, the land on which the walkways crossed was not in the railroad easement. Richards confirmed that the entire Lakewalk would meet ADA requirements. WATER STRUCTURES COMMITTEE June 11, 1994 Richards said that the 1000' length of the dock was to provide a shoreline walking loop from one access point on land by Broadway to the other near the Depot. Carisch pointed Out there is parking on the Broadway end, but not near the Depot. Public fishing is planned to be provided on the west end. Either a permanent dock or a floating pier. This will be one of the few handicapped accessible fishing piers on the lake. Rascop asked if deicing of the structures would be required in the winter. The response was that it probably would be. Richards continued that lighting has not been specified at this time, but they will work on this to meet city and LMCD requirements. Richards was advised that the key is to have the lighting shielded. Richards next reviewed some of the comments offered by LeFevere. This dock concept is different from anything the District has seen before, which is the reason specific regulations are needed for it. Richards addressed the comment that the dock isolates part of the lake surface behind the docks rendering it unusable by the public by stating that the shoreline is unusable now. It the city's opinion it makes the shoreline useable in a safe manner. Richards continued that to avoid setting a precedent, it is necessary to write the ordinances so that they will only apply to similar situations, and not where this type of project is not as desirable. Carisch asked for guidance as to whether the District would rather handle this project through variances or ordinance amendments. Partyka suggested that there be a separate ordinance, but that it be in a form similar to a PUD as used by cities for a specific property. There was support for this idea. · hat the attorney has said that there is a Strommen saddle__- ~d and water in using a ~UD. ~he difference De~we~ ~.. ~_ _~^ *o work something ou~. attorney will proDaD£Y De ~= ~ . The long dock idea could be used by a marina or a multiple dock licensee. Richards said that this should be allowed for public use only. Grathwol expressed concern that this is a structure 1000' long by 100' deep, totalling over 100,000 square feet of lake, which is a problem that needs to be looked at. It will require an Environmental Assessment Worksheet (EAW). Deicing of 1000' feet of shoreline needs to be addressed as a safety factor. Rascop pointed out that there are two other large deicing installations nearby. Reese said that this much deicing will have an environmental impact. Gabriel Jabbour, Orono city council, stated that personally he is in favor the project. However, for the last three years he has been concerned about growth of · the lake. He feels that the cities are ici alities use of .. ---~- ~evenue to subsidize mun P . can ene£~ ~ . tr ing to find out ~ow t~y -g-:th the LMCD code allowing their budgets. He G?e~n t_agr~_~x~_ -et the benefit of boat ula~e s~orelln~ ~ ~ ' the cities to accum ..... 1-50' His concern is that in storage density greater ~n~n · · ~. ~he 70's the District worked to limit growth at marinas. WATER STRUCTURES COMMITTEE June 11, 1994 The majority of growth is now from municipalities. Whatever the LMCD allows, he urges the Board to distinguish between a boardwalk style public access and a place for storage of 50 to 200' boats to subsidize a city budget. Partyka said that this is what Reese was saying about rental slips. He doesn't think the LMCD should allow the cities to make a lot of money by having rental docks in a situation like this. Carisch suggested that the revenue could be put into a trust fund for Lakewalk maintenance only. These slips would not be for profit. Partyka said he was concerned not only with this project but other communities as well. ' Richards continued reading from Strommen's memo which mentioned the idea of adding a Code section to cover this type of structure with a list of items to be included. The memo pointed out there are implications for a similar facility on the lake. Richards said they need to consider how this particular situation applies to others. The last item in the memo was to consider the intent of the Management Plan and how it looks at the lake and its uses. Richards said they would look at all these issues. Rascop asked for any other comments from the committee and the public. Reese asked how the Board wanted the committee to act on this. Strommen said that this review is to start the process towards making recommendations on drafting Code amendments to accommodate this project. The committee may want to make specific recommendations and have the Board direct the attorney to draft ordinances or work with the planning consultant. Rascop said he doesn't think the committee is ready to address specifics. He would like to generate a process for developing a PUD-type ordinance to allow this to happen. The other decision is that if the committee doesn't want this to happen, then it should not get involved with that process. Reese asked what the city's time frame is. Carisch said that their time frame corresponds with the Minnehaha's which will go on board to the public in 1996. The boat will actually be ready for training in 1995. Richards suggested that they draft out a time line. Robins said they had two options, one to build the docks through the ice, or the second would be to build from a barge. Reese said he would like a time line in writing with schematics showing design development, construction, and approvals needed so the LMCD knows when they have to act on it. Rascop asked if the funding was in place. Carisch responded that the city has dedicated $250,000 and they have contracted a fundraiser, John Fisher. They are confident they can raise the $2,000,000 needed for the project. Richards added that approvals of the project are needed for fund raising. MOTION: Reese moved, Partyka seconded to recommend initial concept approval, to direct staff to work with Northwest Associated Consultants, Inc. and the city to further the PUD concept, and to work with the text language, which will eventually be reviewed by the LMCD attorney. WATER STRUCTURES COMMITTEE June 11, 1994 DISCUSSION: Grathwol said the concept he is approving is not for a 100,000 square feet of docks in the lake. He is thinking of approval for a public project, sponsored by a public body open to the general public. Rascop said that the LMCD's charge is to administer the public waters of the state on Lake Minnetonka. Concept approval is saying this is a legitimate use of those waters. Petit expressed concern that the 100,000 square feet number is in reality 16,000 square feet of dock. Strommen said that for an EAW the entire square footage of water surface used, including maneuvering space, is counted. VOTE: Motion carried unanimously. The committee asked for the time line by the Board meeting. Due to his arrival after the committee discussion on Item 8, a shelter for electronic equipment on the gas dock, the committee reviewed its earlier action with Jabbour. Jabbour said that the shelter he would need would be about 6' x 6' or 8' by 8' enough to hold two people and a desk. 9. DNR proposal to enter into a cooperative agreement with the LMCD, to have the LMCD issue dock permits for the DNR. Rascop pointed out the 6/3/94 letter from the DNR. MOTION: Rascop moved, Grathwol seconded, to recommend a letter be drafted to the DNR that the LMCD is interested and would like to enter into a cooperative agreement. Rascop said the other thing that needs to be done is to have staff make a list of those areas where there is co- responsibility and where LMCD could issue permits in lieu of the DNR for the next committee meeting. VOTE: Motion carried unanimously. 10. Minnetonka Yacht Club (MYC), new multiple dock license application-pending resolution of issue regarding shoreline ownership (not ready for action). Thibault said that staff recommends that the committee A) address the concept of converting slides to dock slips and B) approve a MYC license for a renewal without change for 1994. B. MYC multiple dock license renewal without change MOTION: Reese moved, Grathwol seconded to recommend approval of a multiple dock license renewal without change for the Minnetonka Yacht Club for 1994. VOTE: Motion carried unanimously. A. Conversion of slides to slips ' n Strommen explained that the converslo of slides to slips is an issue that was addressed but not answered as part of the MYC application for a new dock license and special density. MYC has a certain number of slides that they have paid a fee on that could potentially hold up to a 10' x 20' watercraft. Partyka asked for a description of slides vs. slips. Strommen explained that slides is a structure in the water which is basically a wood ramp or an area of shore where boats are pulled up. Slides are designed for a fishing WATER STRUCTURES COMMITTEE June 11, 1994 boats, prams or dinghies. A slip is a watercraft storage unit (WSU) space starting with 10' wide x 20' long area of the lake at 1 WSU. For fee purposes, slips over 10' x 20' get charged higher fees. Strommen continued that MYC has slides that have been used for dinghies to access sailboats on mooring buoys. They originally wanted to bring the mooring buoys in to the docks and to take the slides and convert those slide spaces on shore to dock slips larger than 10' x 20' on the water. The Code does not address conversion of slides used for dinghies or canoes to slips in the water. Strommen was asked if MYC is paying the same fee for slides as for slips. He said they are for fee purposes. This does not address the use. Ten slips for motorized runabouts or sailboats is a more intensive use of the lake than a dinghy which services the buoys. Thibault pointed out that the committee voted previously that in concept it does not support conversion of slides to slips. Grathwol said that he would prefer to wait to address this issue lakewide until someone presents it to the District. Grathwol said that he believes slides used to access buoy fields or for fishing boats are valuable. He does not support eliminating slides. Buoy fields or District Mooring Areas were explained to Partyka. Strommen pointed out that the cities have a large number of slides. They may decide to convert their slides to slips, to generate more revenue. Partyka said that it sounds to him like the District does need to make a statement that it doesn't support the conversion of slides to slips or this could create much more density on the lake. He asked if the District wanted to be reactive or proactive. However, Partyka was not ready to make a motion. The consensus of the committee was that there is a reluctance to convert slides to slips, and it will be dealt with on a case by case basis. ADDITIONAL BUSINESS: A. Scientific buoy in Smithtown Bay per letter received 5/31/94 from the University of Minnesota. The buoy has been placed in an 80' deep area per map of Smithtown Bay submitted. Strommen said that he had been contacted about the buoy several months ago in a general discussion. Strommen advised them that the Water Patrol issues permits for buoys in the lake. Thibault pointed out to Strommen that the Code requires a special event permit for temporary structures beyond 200'. This usually refers to water ski course buoys or a judges platform. A fee is required, plus a daily fee for each day the structure is in the water. This wouldn't apply to a situation like this. Reese pointed out that milfoil buoys are being put in the lake all the time. 9 WATER STRUCTURES COMMITTEE June 11, 1994 MOTION: Rascop moved, Reese seconded, to recommend to the Lake Use and Recreation committee that a special event permit be issued with no fees for this scientific buoy. VOTE: Motion carried unanimously. Rascop asked for any other additional business. B. Launch ramps. Thibault said that the code states that along with multiple docks, a license is required for launch ramps not associated with a multiple dock. Historically, launch ramps have not been licensed separately, such as Hendrickson Bridge access. Rascop said that in light of lake access being a big issue, the District should keep any authority it has to license launch ramps. Grathwol said he had not considered licensing launch ramps. He does not want to give up any authority, but does not want to make it ~nto an issue. He recommends referring this to the Lake Access Committee, which eventually will be taken over by the Lake Use & Recreation committee. Rascop asked staff to put together a list of all public and private launch ramps for the next committee meeting. As a last item, Thibault asked for confirmation that there are no additional regulations for pump out machines on gas docks. Rascop said that the city regulates pump outs in addition to the sanitary sewer system. ADJOUR~MENT: Rascop declared the meeting adjourned at 9:35 AM. FOR THE COMMITTEE: Eugene Strommen, Executive Director Douglas Babcock, chair 10 RECEIVEO .... 0 LAKE MINNETONKA CONSERVATION DISTRICT Action Report: Meeting: Members Present: Lake Use and Recreation Committee 5:30 PM, Monday, June 13, 1994 Bert Foster, Chair, Deephaven; Jim Grathwol, Excelsior; Tom Reese, Mound; Bob Rascop, Shorewood; Gene Partyka, Minnetrista; Joe Zwak, Greenwood. Also present, Gene Strommen, Executive Director; Rachel Thibault, Administrative Technician. DRAFT Chair Foster called the meeting to order at 5:40 PM. Item 2 and 3 were taken first to accommodate Gabriel Jabbour, Orono city council and Tonka Bay Marina, who was present to give a lighting demonstration. 2. and 3. Draft Code amendment relating to Lighting on Docks and draft model city ordinances. Jabbour made a presentation demonstrating the different intensities of 90 and 100 watt lights. The lights exhibited by Jabbour included a 90 watt metal halide lamp that is available at home improvement stores, and an incandescent 100 watt bulb. The committee noted the extreme briqhtness of the 90 watt metal halide lamp. It was much brighte~ than the 100 watt incandescent light. Jabbour also demonstrated the effectiveness of diffusers which focus the light and a barn door shield which can be adjusted to shield the light spillage. Jabbour's recommendation is to have the ordinance require lake residents to keep their dock lights within the authorized dock use area (DUA), including setbacks, and set a candle power limit. Foster said this would make a lot more sites non-conforming. Jabbour said if the ordinance is not simple, people will put the lights on shore, out of the LMCD's jurisdLction. Foster said the LMCD plans to work with the cities to develop similar light ordinances to prevent offensive lights on shore. Foster said to keep the ordinance simple, use the ordinance as drafted plus a maximum lumens or foot-candle spillage. Reese suggested taking another lake tour to find "offensive" lights and measure the lumens to see what level is too high. Rascop said a distance from the light would need to be determined as well. Partyka said an acceptable light level should be measured to determine what is the right limit. Foster pointed out that Tom Line recommended 50 watts as a better wattage that 100, because most of the lights below 50 are generally not a problem. Jabbour said that he thinks that the District can work with multiple docks on their lighting. Multiple docks have most of the permanent type docks. People with seasonal docks are less likely to have lights on their docks. These people would probably put their lights on shore, which falls under the cities' jurisdiction. He thinks the city councils need to be encouraged to adopt lighting ordinances. LAKE USE AND RECREATION COMMITTEE June 13, 1994 Foster would like to go to the cities with a simple ordinance which is relatively easy to define, that the cities would accept. Foster asked for feedback from committee members who attended the 6/7/94 Lake Inspection Tour on lighting observed. Zwak said that there are some problem lights and he feels the LMCD has a right to regulate lights on docks. He has a problem with areas that fall into the cities' jurisdiction. Looking at the draft city ordinances, he feels that they will not be accepted. Grathwol thinks the ordinance should be held until the LMCD has all the information it needs. He agrees with Jabbour about working with the multiple dock owners to get cooperation in developing an ordinance that is workable. Then the District can go to the cities to address lights shining on the lake. Foster asked the committee members and Jabbour if they would be willing to go out on another evening lake tour and measure lights. There was consensus to go out again. No date was scheduled. Foster said he would set up a time with Reese, Jabbour and other committee members who are interested. The lighting ordinances are to be held for additional field work by committee members. 1. Review of 4/18/94 minutes. Strommen said that Foster had a question on the lighting portion of the April 18th minutes at the April Board meeting. Foster said that he no longer had any comment and recommended the Board approve the minutes at the June Board meeting. 2. & 3. Lighting ordinance discussion continued. Foster said that the lighting should be measured from the dock or the shore. If there is no dock, measure from shore. If there is a dock, measure from the end of the dock. Rascop supports keeping the light spillage within the DUA. Partyka said that the lighting should be kept around the dock. He feels that 150' is too much. The lights should be shielded so they are cast downward. Partyka said he does not see a simple way to define the ordinance. Foster said that the committee needs to do the field testing before further deliberation. Rascop said that he would like to have the minutes reflect a recommendation to change the wattage in the draft ordinance from 100 to 50 as the number above which lights are regulated. He also wants to reference the DUA of the site. Grathwol suggested setting up some samples of shielded lights for the tour. Fred Bruntjen, Excelsior Park Tavern, would probably be willing to participate, as well as Marlow Peterson, NSP. Reese commented that more emphasis should be placed on motion detectors as a good way to control lights for security. LAKE USE AND RECREATION COMMITTEE June 13, 1994 4. Draft Code amendment relating to Charter Boats, amending Section 3.07 Watercraft for Hire. Thibault advised that the draft ordinance was sent to all the registered charter boat operators for comment. Two responded, Leo Meloche for the Minnehaha and Dave Wittmer Holiday Fair. ' Wittmer's first question referred to Subd. 8 of the ordinance, asking who at the Water Patrol or the LMCD is qualified to determine what constitutes a major repair or alteration, as well as to conduct the inspection. Thibault contacted Sgt. Chandler of the Water Patrol who responded that they would hire a marine expert as a consultant. Rascop asked if there was a dollar value of the repair noted in the ordinance. Thibault said there was not. Wittmer's second question was whether the bluewater charter boats met the 36" minimum rail height. Foster asked if the ordinance should be held for answers to the questions. Strommen asked about making a determination on approving alterations. He suggested that approving alterations and inspections should be delegated to the Water Patrol. Foster suggested changing Subd. $ deleting LMCD from the ordinance, and delegate it to the Water Patrol. Partyka said that the Water Patrol should handle this because they conduct the inspections. He agreed that LMCD should be deleted. Grathwol believes the LMCD does not want to give up its authority, even though it wants to delegate certain powers to the Sheriff. Strommen said that the District is not giving up any power, as it has a cooperative agreement with the sheriff. The committee agreed to take out "LMCD and" from Subd. 8. Foster said the other issue is the 36" rail height in Subd. 10. Thibault said that the Water Patrol has already said that all charter boats meet these requirements, but she will check again before the Board meeting. Thibault read the comments from Leo Meloche, representing the Minnehaha. Under Subd. 5, regarding the requirement to have the full name of the watercraft and port of call displayed on the hull, they would like to have an exception for historic vessels where the port of call is not originally shown. The committee recommended deleting "and port of call" from Subd. 5. Meloche also asked about Halon fire extinguishers and if they are still available or allowed. Thibault advised that Deputy Schmidt of the Water Patrol said Halon extinguishers are allowed. It was the people servicing the units that were releasing ozone damaging gas. Now there is a new encapsulated system for servicing that is legal. Partyka said that Halon fire extinguishers should be prohibited because they release ozone damaging gas when they are used. He would not like to see any new boats using Halon systems. Foster does not want to be overly restrictive, if boats already have these in place. Reese suggested deleting the 3 LAKE USE AND RECREATION COMMITTEE June 13, 1994 reference to Halon or Carbon Dioxide out of the ordinance. Then the LMCD is not designing systems. The committee agreed to delete "Halon or Carbon Dioxide" from both places in Subd. 7. a. Thibault continued with Meloche's comments. Under Subd. 7, eighth line, "that where the engine room(s) are so open to the atmosphere, he would like to add "or the public". The committee did not feel that this change was necessary, because "open to the atmosphere" applies to the Minnehaha. MOTION: Foster moved, Partyka seconded to recommend the Board approve the first reading of the ordinance relating to Watercraft for Hire, Section 3.07 adding new subdivisions 5 through 9, as amended by committee. VOTE: Motion carried unanimously. 5. Draft code amendment relating to Special Events, amending Section 3.09. Thibault said that the Water Patrol asked that this ordinance be held until the Sheriff's legal counsel had time to review Subd. 4 and 5. 6. Draft code amendment relating to Marine Toilets, amending Section 3.04, Subd. 7. MOTION: Grathwol moved, Zwak seconded to recommend approval of the second reading of the draft ordinance amending Section 3.04, Subd. 7, Marine Toilets. VOTE: Motion carried unanimously. 7. Request for a quiet waters area south of Deering Island in West Arm Farnes distributed additional information to the committee which included a map showing a comparison of the Deering Island shoreline in 1913, 1960 and 1994. The map was presented to indicate that the island has been reduced in size over the years by erosion. His records show that the lake level was 928.4' in J6ne 1913, between 927.88' and 928.39' in mid-April to mid-May 1960, and the lake was at 929.57' when the island was surveyed by Farnes in June 1994. Farnes believes that boat wakes are eroding the shoreline much faster than would occur naturally. Reese pointed out that in the 1930's, a correction was made to the elevation datum and the 928.4' figure from 1913 may not be correct. Farnes said that even between 1960 and 1994 significant erosion has taken place. Reese said that he is convinced that erosion is taking place, but not that it is all due to boat wakes. Grathwol questioned is how the Board can justify protecting lakeshore owners' property from wave action and erosion. Erosion was used as justification for a quiet waters area in Minnetonka Beach. But it was not the only basis on which it was approved. There are broader issues that need to be considered for quiet waters areas other than lakeshore erosion. Grathwol suggested Farnes make his case LAKE USE AND RECREATION COMMITTEE June 13, 1994 to the DNR for rip rap and shoreline restoration, but this would be his private responsibility. Partyka advised that he had a 1913 survey of his property and there is a 50% difference between the amount of land he has now and what was shown then. Fames said maybe it has changed due to erosion. Partyka said there has been erosion, but not that much. His point is that the 1913 survey cannot be compared to the 1960 or 1994 surveys. Zwak stated his concern is that on a Weekend it is difficult to go through the area south of Deering Island at closed throttle. He understands the problem and that the boats may be contributing to the erosion. However, if the District starts making quiet waters areas based on shoreline erosion, where Would it stop. Zwak continued that part of the problem could be solved through rip rapping the existing shoreline, which he understands is an expensive proposition. Fames said that islands like Deering are what make Lake Minnetonka desirable. It Would be a shame if the island were allowed to erode away. He concluded with saying that it is reasonable to assume that most of the erosion is due to boat wakes. And the reasons for a quiet waters area east of Deering Island would appl~ to his request, such as boat congestion, noise. Reese was excused. Foster asked if there were any other comments Rascop said that he feels the answer is a restoration permit from the DNR. ' Thibault said she talked to Denis Bailey, Hennepin County Lake Improvements, and he had no comment on adding slow buoys in this area. Foster said he was not hearing a consensus on the committee in favor of adding slow buoys in this area. MOTION: Grathwol moved, Rascop seconded to recommend that no quiet waters area be established south of Deering Island based on the justification presented to the committee. DISCUSSION: Fames asked what the justification was for the quiet waters area east of Fagerness point. He was advised that the area around Coffee Cove is very congested with boat traffic and it is a bottle neck going into Crystal Bay. Thibault said that records are available on the public hearing for establishing the Coffee Cove quiet waters area VOTE: Motion carried unanimously. · Foster advised Fames that there is a effort on the part of the board to avoid putting in quiet waters areas. The board has to look at the overall view and balanced interests on the lake. Grathwol told Farnes that there is a procedure for restoring and protecting the shoreline through the DNR. 8. Proposed litter control signs Foster said he would like to discuss signs on the lake. Reese left a request with Foster asking for no more signs. Foster said years ago there was a campaign that said, "What you take to the lake, take it back,,. There were signs and LAKE USE AND RECREATION COMMITTEE June 13, 1994 bumper stickers for this campaign. Foster believes that this was enormously helpful. He asked the committee for input on signage. Zwak said it is appropriate to put signs at the lake access points. Strommen said there have been complaints about litter under bridges, particularly under Black Lake bridge. Rascop asked about a fence that was placed at the Black Lake bridge which makes it difficult to get to the best fishing areas. Because it is difficult to get around, people leave their trash there. Rascop said if the fence was removed there would be less of a litter problem there. Staff was asked to check with the city and the county about the possibility of having the fence removed. Strommen said that another question is whether signage should be placed around accesses and under bridges to encourage compliance with litter control. Rascop asked if this is the year that no trash barrels are being placed at access. Strommen said this is the second season of having no trash dumpsters at accesses. Strommen advised that Hennepin County places small trash cans under its bridges. Rascop noted that a new trash can was recently added at the Phelps Bay (Tuxedo Road) access. Partyka said it was added last year at his request because the access was a mess and the neighborhood was complaining about the trash. The City of Minnetrista placed a trash barrel and hired a hauler to empty it out once a week. It has solved the problem at this access. Partyka pointed out that the Management Plan states that trash cans should be placed at accesses. Strommen advised that the Environment committee and Board voted last year to eliminate trash dumpsters at accesses as an experiment. Strommen said that it is working in areas where they have been removed except for some small trash bags. Partyka said a 55 gallon can should be placed at access ramps because boaters leave their trash. Foster believes that an LMCD campaign that says, "What you take to the lake, take it back", and having those signs around the lake at accesses would be very helpful. Grathwol favors having such a sign, but the signs at the accesses need to be coordinated. Grathwol said there was a lot of discussion about the trash dumpsters. People were disposing of sofas, batteries and tires. The environment committee got the idea that it was better without any dumpsters at all, so this experiment was implemented. It is continuing at three accesses. The DNR by policy does not place trash containers at its accesses state-wide. Strommen said that it is working at the 101 Causeway access. Thibault said Denis Bailey reported that trash has been left at the two county accesses and the Narrows channel. Partyka said a small barrel would be better than a dumpster. Strommen said whatever size trash barrel is placed, people will fill it up and leave excess trash in the area. A trash container invites trash being left behind. LAKE USE AND RECREATION COMMITTEE June 13, 1994 Foster again said he supports a sign that says "What you take to the lake, take it back". Rascop said he favors signs at accesses, under bridges, so they are not a distraction to drivers, and positioned so people fishing can see them. Foster suggested that staff put together a plan. Strommen offered to call Bailey and ask the county to help on the signage. 9. Monthly Water Patrol Activity Report The June monthly report was updated by Strommen who reported there were four more BWIs over the weekend, a year- to-date total of 20. Foster added there was a drowning 6/11/94 south of Big Island. 10. Consi4eration of change in meeting time from 5:30 to 5:00 PM. Staff asked if the committee would consider changing the meeting time from 5:30 to 5:00 PM. Zwak and Foster said that the earlier time would not work for them. The consensus was to leave the time at 5:30 PM. ADJOURNMENT: The meeting was adjourned at 7:25 PM. FOR THE COMMITTEE: Eugene R. Strommen, Executive Director Bert Foster, Chair 7 RECEIVED JUN LAKE MINNETONKA CONSERVATION DISTRICT Save the Lake Advisory Committee Minutes 5:00 pm, Thursday, June 2, 1994 LMCD Conference Room 160, Norwest Bank Bldg., Wayzata Present: Chair Craig Mollet, Stuart Frick, Len Kopp, Frank Mixa, Bob Pillsbury, Executive Director Gene Strommen; MINUTES. Kopp moved, Mixa seconded that the minutes of May 5 be accepted as mailed. SOLICITATION MAILING. S~rommen reported that the mailing had been sent May 19 to 1,634 prospects. Receipts through 5/31 were $6,222 from the mailing, plus $2,000 from the Norwest Bank Half Marathon Easy Race. An additional $1,445 has been received in donations since 1/1/94 from responses to the 1993 mail request. Total receipts through 5/31/94 are $9,667. BOARD AMENDMENT TO SAVE THE LAKE BUDGET. Strommen reported that the board voted to amend the Save the Lake budget by transferring the $5,000 approved for legal and consulting fees for developing a lighting ordinance back to the general administrative budget. The committee agreed it would monitor response to the solicitation mailing before recommending an expenditure in place of the lighting project. SAVE THE LAKE FUND BALANCE. In response to the Save the Lake Advisory Committee request for board direction on how the fund balance should be considered in current operations, the Administrative Committee reviewed the subject. It recommended to the board that expenditures be drawn from current solicitation revenue with interest staying in the fund balance to help build the balance each year. The board concurred with that recommendation, agreeing that the basic fund not be invaded. The board asked the executive director to draft a fund balance policy statement for board consideration. COMMITTEE PROGRAM PROGRESS: a. Divers Lake .Bottom Clean Up. PROMOTIONAL PROGRESS. Pillsbury presented a flyer announcing the event for Sunday, June 19, with a 9:00 am organizational meeting at the Excelsior Park Tavern. The event is officially called the 1994 Diver's Treasurer Hunt on Lake Minnetonka. Directions to six dive sites will be provided at the meeting which runs to 10:00 am. Divers are to provide all dive gear and a team mate. A goody bag to hold the "treasure" will be provided by the committee. " " 1, I, SAVE THE LAKE ADVISORY COPLMITTEE, Minutes, 6/2/94, p. 2 A T-shirt to promote the event featuring art work used in the flyer was presented. Pillsbury advised he has ordered 500 T-shirts in three colors priced at $6.00 each. Pillsbury stated he has been in touch with clothing store owners who are definitely interested in selling the T-shirts. He also intended that 50 of the T-shirts be used for recognition of the diver participation in the event. Sizes will be L and XL. The committee proposed that a $1.00 mark-up be added to the T-shirts sold to stores for subsequent resale. This would cover the cost of the diver T-shirts. Since there will be no net cost to the Save the Lake fund, it was the committee's consensus to order up to 500 T-shirts. Pillsbury agreed that he would sell the T-shirts at no liability from the Save the Lake fund. Suggestions for additional stores included Chico's,. Sea Gear and Westin Sports, Wayzata, Olds and Leipold's Gifts in Excelsior and Club Scuba, Long Lake along with possibly other scuba equipment stores. Strommen noted Excelsior has its Art Fair on June 11. T-shirts are to be ready in a week. Costs to date on the program is $]00 for the flyer and T-shirt art. EVENT ORGANIZATION, SPONSORSHIP. The committee discussed the event sponsorship. Diving participants were not prepared to sign on as event sponsors according to Pillsbury. Upon discussing the event with LMCD attorney Charlie LeFevere, Mollet and Pillsbury supported the LMCD taking the responsibility to carry through with the event. Strommen pointed out that the committee has reported the event planning to the LMCD board since the February meeting, the board accepting each committee report. The committee should therefore be proceeding with the board's recognition of the event. A Special Event application to the Sheriff's Water Patrol providing evidence of insurance is next. Strommen noted he would verify LMCD's insurance coverage with the League of Minnesota Cities Insurance Trust. The committee also agreed a "hold harmless waiver" should be required of each diver. Pillsbury will add that stipulation to the diver registration card. Frick has a "hold harmless" statement used on the Norwest Bank Easy Race application. Pillsbury will distribute flyers and application cards among scuba equipment dealers immediately upon the executive director's verification that LMCD insurance covers the event. SAVE THE LAKE ADVISORY COMMITTEE, MINUTES, 6/2/94, p. 3 Lake areas suggested by the Water Patrol for dive sites are Wayzata Bay, North Arm, West Arm, Excelsior, Carsons and Grays Bay. It was suggested the bays be kept closer to Excelsior since the boats will be starting from Excel Marina in St. Alban's Bay. Parking for the diver and team mates has been arranged at the former Mai Tai (now known as Freddie's) lot on Excelsior Blvd. The committee complimented Pillsbury on the extent of work he has carried out in bringing the event along to this point. b. ~dopt-A-Shorelin~ ~lean Up. Scout troops have been slow to respond to the shoreline clean up due to the vast extent of shoreline requiring attention. Distinguishing public from private shoreline is difficult. Strommen pointed out that calls are coming in regarding the extensive litter which is accumulating under bridges where shore fishing takes place. He noted that Hennepin County personnel are assigned to clean around bridges, but the accumulation is heavy and frequent. c. "Lakewatch" water clarity monitoring got underway in May. Tonka Bay Marina hosted the event and is a sponsor with the Freshwater Foundation. It is believed some bays still need monitors. Strommen will advise where help is needed. de Historical Video development will be an extensive under taking according to Strommen who viewed some video samples. Scott McGinnis, a consultant for historical programs, made a presentation to the Excelsior Historical Society which Stromme~ attended. Mollet and Strommen will contact McGinnis to ask his recommendations. ctful e. Homeowner Listinqs from bMCD Member ~ities. Alice Bronstad submitted a list of cities and how LMCD may obtain lakeshore owners names from them. Bronstad will develop this information further for the next meeting. NEXT MEETING, ADJOURNMENT. The next meeting was confirmed for Thursday, July 7. The meeting was adjourned at 7:10 pm. Strommen Executive Director RECEIVEO,JU/; Z 0 LAKE MINNETONKA CONSERVATION DISTRICT Eurasian Water Milfoil Task Force Minutes 8:30 am, Friday, June 10, 1994 Norwest Bank Bldg. Rm. 135, Wayzata Present: Chair Tom Penn, LMCD Board; John Batten, Hennepin Parks; Tom Frahm, LMLOA; Dr. Ray Newman, U of MN Fisheries; Rick Walsh, MN DNR Fisheries; Chip Welling, MN DNR Ecological Services; Executive Director Gene Strommen; guest Steve McComas Blue Water Science; , MINUTES. Minutes of 4/1~/94 were a MCCOMAS PRESENTATION ON "LAKESMARTS PLANT REPORT. Penn amended the age] McComas to make a presentatio d~velop, "LakeSmar ,. n on a ts , a lake ma' · t-yourse]f guide ~- ' _ znt~ Au so~ving lake pz McComas reported that the handbook i for near-shore aquatic plant control tested, easy and affordable projects maintain lakes and ponds. It contai. designed to save time and money by u~ for other purposes. It tells where including costs. Tips and illustrat McComas, manager of Blue Water Scien, affiliate of Bonestroo, Rosene, Ande] aquatic scientist specializing in la~ management. He has field- tested pre over a decade of work in MN and WI az (LMCD purchased a copy for reference McComas also commented on curly leaf he is conducting. This research is l available nutrients for the plant. T] sediment samples testing for ' phosphoz and other nutrients to see what is in fosters CLP growth. At this point it high calcium and potassium soils. Thi determining the potential of future CL lake. Soils tests in a lab analysis a since metals tests are avoided. A who be done very inexpensively according t Newman spoke of natural declines of mi they are associated with nutrient decl or due to other impediments, such as f~ conclusion on this point. ccepted as mailed. PUBLICATION AND AQUATIC da to invite Steve publication he helped ,nance handbook and a do- oblems. s designed for homeowners It contains field to clean up, improve and s lake-saving projects zing equipment designed :o get the equipment .OhS guide the user. e, St. Paul, and an lik& Assoc., is an e and watershed jects in the handbook ~ other states. Jse. ) ~ondweed (CLP) research ~oking at biologically ~at involves taking lake us, sulphur, nitrogen the sediment which is known that CLP needs s data will allow P colonization in a ~e very economical, e lake soils test can McComas. foil and wondered if .ne in the lake soils [ngus. There was no Eurasian Water Milfoil Task Force, Minutes, 6/10/94, p. 2 Penn thanked McComas for introducing his LakeSmarts handbook and sharing his experiences on milfoil, other aquatic vegetation control and lake maintenance ideas. MN DNR REPORT, Chip Welling a. C°r~ °~f ~ Garl°n 3-~A ltricl°pYr---k T--est -- Research will be conducted in portions of Phelps and C-arsons Bay south of Minnetonka Blvd., with a control site in Carmans Bay, starting June 15. The primary purpose of the study is to provide additional information to the U. S. EPA on the prospect of Gar/on 3A (triclopyr) being used in lake water to control Eurasian water milfoil. The EPA will use this information to determine whether to register this herbicide for use in lakes and wetlands to control certain aquatic plants. An informational meeting arranged by the LMCD for the and DNR is scheduled June 14 with n . CoE affected bays. Actual ~-~ .... earby residents of the ~=~men~ ls Planned for June and 23 depending upon favorable weather conditions. 21 Re-registration of 2.4-D, the current herbicide to control EWM and other aquatic plants, is being held pending the outcome of this testing. Lake Minnetonka was selected in 1993 by the CoE as a representative site. b. ~ ~°ntr°% U d~ ~ Dr---~' Al---fred Cofrancesco - A special presentation by Dr. Cofrancesco, ~S. Army Corps of Engineers (CoE) was held in May for a variety of agency officials to demonstrate the role of biocontrol in controlling aquatic vegetation. Significant point made: * Biocontrol agents do not eliminate plants, but rather they reduce their abundance to a tolerable level. * It takes a long time to identify biological agents and to implement their use. Once biological agents are established as a control, there is little need for follow-up or annual "re-treatment'. as they do their control work on target plants as nature allows. Cofrancesco's presentation was video taped, and the LMCD has a copy to loan, as well as DNR having copies. c. Lake treatment ~ Dpdate_~_. * Surveys are being done in anticipation of treatment on various lakes in an attempt to eradicate milfoil according to Welling. Bald Eagle, Dutch and Christmas Lakes are the targets No new EWM infestations have yet been reported. * Sonar treatment is done at East Parkers and Zumbra Lakes. The effect is noticeable at this point with some injury 'to coontail and water lily. Curly leaf pondweed has not been affected. Welling noted that some initial injury to native plants, followed Eurasian Water Milfoil Task Force, Minutes, 6/10/94, p. 3 by healthy regrowth, is an acceptable level of damage by a herbicide, and in this case, Sonar. ZEBRA MUSSEL/EXOTICS ACTION PLAN SUBCOMMITTEE. Penn reported on the subcommittee initial meeting as detailed in the May 5 meeting report. The draft DNR zebra mussel control plan will be looked at for how it can be adapted in part or fully to the preventive measures needed for Lake Minnetonka added. , Penn NEXT MEETING, ADJOURNMENT. The next meeting was recommended for Friday, July 15. There being no further business the meeting was adjourned at 10:05 am. ' Respectful L~_ submitted, Ex~utive Director RECEIVED JUN 2 O LAKE MINNETONKA CONSERVATION DISTRICT Zebra Mussel and Exotics Action Plan Subcommittee Minutes 8:30 am, Wednesday, June ]5, 1994 LMCD Conference Rm ]60, Norwest Bank Bldg, Wayzata Present: Tom Penn, LMCD board, chair; John Barren,. Hennepin Parks; Tom Frahm, LMLOA; Michae] McLean, MN Sea Grant; Gary Montz, MN DNR; Dick Nelson, MN Sportsfishing Congress; Gene Strommen executive director; · MINUTES REVIEW. Minutes of 5/5/94 were accepted, Month commenting on last para, p. 2, as to the WI DNR being difficult to deal with. The committee agreed no criticism was intended of the DNR structure, just its unusual make-up compared to the MN DNR skructure. ZEBRA MUSSEL DRAFT CONTROL PLAN. Discussion was invited on the draft plan which was mailed to subcommittee members. Montz noted that he was still awaiting a reply from Jay Rendall, DNR exotics coordinator. Question was raised as to whether this plan will serve Lake Minnetonka needs in its entirety or if Lake Minnetonka will need its own plan or this plan with modifications. The discussion which followed touched on this question which was not immediately answered. On the point of cleaning boats to remove zebra mussel adults and larvae (ZM/L), it was proposed that mobile stations be developed to move from access to access. Montz believes money can be provided for this purpose to have ready for 1995. Stations would be placed at infested waters accesses. The highest risk of boats carrying ZM/L is when boats are kept in infested waters (Mississippi River) for a longer period of time. A one or two day use is not likely to result in adults or larvae attaching to a boat. Larvae carried in a boat will not survive temperatures above 85 degrees F. Barren pointed out that the potential transport of ZM/L is still unknown, therefore who is to be targeted for control? McLean offered to do a boat transportation survey to find out where people are moving their boats. He has resources to start this year. Assistance can be drawn from: * Humphrey Institute which designs similar surveys * County Extension agents Such a survey could provide information on boat traffic from the river to all other lakes around the state. Montz has a data base on marina slip renters on the Mississippi River showing where they take their boats. Zebra Mussel/Exotics Action Plan Subcommittee, 6/14/94, p. 2 Montz noted that day user boats carrying infested water are the most immediate threat. The next threat are boats in infested waters a long time moving to new water bodies. These boats require thorough cleaning and inspection. Literature studies have been made to determine the survival rate of veligers in bilge/wet well water. Moritz can get this data for the subcommittee. WI Sea Grant monitors ZM/L on Lake Superior and Lake Michigan The U. S. Fish and Wildlife monitor ZM/L as well. They are the lead agency on the Mississippi river from St. Paul to St. Louis. The Corps of Engineers and NSP also monitor the Mississippi. The St. Paul Power Squadron has offered to help ZM/L monitoring on the Mississippi as well. EDUCATION OPPORTUNITIES. a. ~xotics ~ Advisor[ ~ign. Montz contacted Rendall concerning the sign placed at public accesses. Sign content definitely needs review in the subcommittee's opinion. A 6/8/94 memo from Rendall received after this meeting invited written con%ments so he can consider them with recommendations on standardized messages developed by the Great Lakes Panel on Aquatic Nuisance Species. The DNR I & E Dept may be able to help on this sign. b. MN ~°nservation ~orps Access ~onito~nq/inspections. This group of access monitors may be able to help in asking some basic survey questions, such as the message on the Exotics Species Advisory Sign. Supervisor Tom Hagel would have to review such a proposal. c. Determine where boaters are learning about ZM and concentrate efforts on this form of communication. ZM/L CONTROL PROPOSED BY TOM FRAHM, LMLOA. Frahm requested the minutes reflect his observation on Zebra Mussel spread: a. Limit lake access b. Clean boats · c. Levy a heavy fine for violations (in the thousands) Discussion on Frahm's suggestion: > Strict measures such as these will not totally stop ZM/L from entering a water body. > Legislative support for new laws is required to put any of these suggestions into action. > Montz favors the law being changed to make it unlawful to transport any aquatic plants on a boat/trailer because ZM/L can attach to any aquatic plant. ASSIGNMENTS. McLean confirmed that he will have a survey proposal developed by the next meeting through his staff. Zebra Mussel/Exotics Action Plan Subcommittee, 6/14/94, p. 3 EXPANDING SUBCOF~MITTEE PARTICIPATION. Montz reported that the Upper Mississippi River Basin group is not able to participate at this time since it does not fit in with their program. The WI DNR, LaCrosse, wants to be kept informed but they are unable to attend meetings. Mn Sportsfishing Congress is now being represented by Dick Nelson. The Lake Minnetonka Multiple Dock Owners Assn. is still trying to locate a person to represent them on the subcommittee. PUBLIC ACCESS OPENINGS ON THE MISSISSIPPI RIVER. From stated his reaction to the DNR's recent announcement of three new accesses on the Mississippi River as irresponsible when zebra mussel spread is being studied to prevent its spread to other water bodies. He requested a letter be sent to the DNR expressing this observation. Committee discussion suggested that a letter asking for an explanation of the accesses being opened in light of the zebra mussel might be appropriate, asking for an explanation of how they considered zebra mussel in these access additions. LMCD staff could draft such a letter more as an inquiry rather than expressing an opinion on the subject. NEXT MEETING/ADJOURNMENT. The next meeting was agreed for Wednesday, July 20, The meeting was adjourned at 10:10 am. pect fu~t_ed, ~t rommen Executive Director ~ M~N~ONKA CONSeRVAtiON A~ministrative Committee 6:30 PM, Wednesday, May 25 1994 Tonka Bay City Hall ' Members Present: Bill Johnstone-Chair, Bob Rascop, Tom Reese, Joe Zwak, Jim Grathwol, Gene Partyka, Tom Penn, Doug Babcock, Bert Foster, Mike Bloom, staff members Rachel Thibault and Gene Strommen 1. The minutes of the 4/27/94 meeting were accepted. Evaluation of the Mayor/City Council Report meeting held 5/4/94 Johnstone advised that two council members and seven mayors were present at the meeting. The attendance of city council members was disappointing. The meeting went well and there were good comments from those present. Johnstone believes that council members should be invited to future quarterly mayor meetings.' Johnstone advised that the City of Orono voted to pay the balance of the 1993 LMCD levy. There was no vote to have an LMCD representative. Rascop advised that Mayor Callahan said they have not found a qualified candidate. 3. Consideration of a policy for the Save the Lake fund balance Strommen reported that the Save the Lake committee asked the board for guidance on a fund balance amount. Rascop said the committee recommended $48,000 in expenditures for 1994. In 1993, the LMCD received $23,000 in private donations. At the April meeting, the consensus of the board was that it is inappropriate to spend more money than was collected the previous year. Rascop continued that Bob Pillsbury, former LMCD board member and originator of the Save the Lake fund, had a goal of building the fund to a $100,000 endowment. Then the interest could be used for special projects. Originally the funds were raised to help the Minnehaha Creek Watershed District (MCWD) with lake projects. Now there is the 509 Plan, the MCWD can raise funds. Rascop pointed out that any special projects that the LMCD needs to conduct for the lake would need to come from funds at hand. Grathwol pointed out that the LMCD has restrictions on raising funds and cannot get a loan or issue bonds. Johnstone said that he supports keeping a balance and spending new contributions and interest. The demand for money is great and there are going to be projects. Restricting how much can be spent makes it easier to set limits on how the money is spent. Penn said he feels the Save the Lake money should be for zebra mussel control and pollution concerns as opposed to things like fishing piers and steam engines. Rascop recommended the District set a budget for DRAFT Administrative Committee Meeting Report, 5/25/94, Page 2 expenditures for the present year based on income from the previous year. Another suggestion was to spend only the interest and the previous years contributions. MOTION: Reese moved, Rascop seconded to recommend as a guideline for the Save the Lake fund expenditures, that the budget for 1995 is to be based on 1994 donations. VOTE: Motion carried unanimously. Babcock and Foster arrived 4. Review of draft 1995 LMCD Budget Johnstone pointed out that the 1995 draft budget reflects the second year meeting expenses by drawing down reserves. His concern is that there may not be enough revenues to cover the budget in future years. Johnstone asked if the draft budget reflected the maximum levy to the cities. Rascop said he heard that city assessments will probably go up 10-16% which will increase the LMCD levy amounts. Strommen suggested either reducing spending on special projects, or asking the cities to fund specific projects. Johnstone asked if, after the 1995 allocations from the fund reserves, the fund balances will be down to a 6 month reserve. Strommen said that is correct unless the revenue changes. Johnstone asked if any revenue would be carried over from 1994 into 1995. Strommen said the $10,000 budget item for the school district boater education program would probably not be spent in 1994. Only $1,500 of the Management Plan Environment Implementation budget item for $15,000 has been spent. Bloom arrived. Johnstone asked for verification that $18,500 will be allocated from the EWM fund balance for the harvesting program and $35,000 for equipment reserve, leaving a one year reserve in the EWM fund balance. Strommen advised that the $40,000 from the public agencies is not secured yet. He needs to contact the DNR and Hennepin Conservation District. $. Review of 1993 Audit and management letter Strommen said that staff is working on getting the budget and the Peachtree accounting system coordinated. The off site storage of records is being implemented. Rascop said he was happy to get the audit so early in the year. 6. June Lake Inspection Tour The date for the board's June lake inspection tour was set for Tuesday, June 7th at 7:30 PM. Strommen said he is working on getting a boat.' The meeting was adjourned at 7:25 PM. For the subcommittee: ~ ,A,dministrative Technician MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION JUNE 9, 1994 Present were: Chair Carolyn Schmidt, Vice Chair Tom Casey, Commissioners Marilyn Byrnes, Peter Meyer, David Steinbring, Janis Geffre, Mary Goode, and Bill Darling, Council Representative Andrea Ahrens, Parks Director Jim Fackler, Dock Inspector Tom McCaffrey, and Secretary Peggy James. The following persons were also in attendance: Michael Henry, Bob Riebe, Sharron Riebe, John Blumentritt, and John Boyer. MOTION made by Byrnes, seconded by Goode to approve the Park and Open Space Comm. isslon Minutes of May 12, 1994 as written. Motion carried unanimously. ~AGENDA CHANGES Chair Schmidt added the following items to the agenda: 6.A. 1995 BUDGET: STAIRS, WlNTERFEST, LOST LAKE, TILLER. 6.B. CELEBRATE SUMMER IN THE WINTER PELI AN POINT DEVEL PMENT: PARK DEDICATION John Boyer of Boyer Building Corporation, addressed the commission in response to the memorandum to the Park Commission from Mark Koegler, City Planner, dated June 2, 1994. Staff recommended that the Park and Open Space Commission recommend that the City Council require a cash payment in lieu of land dedication for Pelican Point. The 1994 Tax Book identifies a total land valuation for Pelican Point of $1,240,000. Under the terms of the ordinance, this would result in a total park payment of $124,000. Subd. 5 of the Ordinance further requires that cash contributions are to be made prior to the filing of the final plat. Mr. Boyer informed the Commission that he would like to discuss two items, 1) the amount recommended for payment and how it relates to other area communities, and 2) the timing of the pay out of the fee. Mr. Boyer questioned why the fee had to be so high. He explained that 8oyer is not new to this business, and they were not expecting such high park dedication fees in Mound. Mr. Boyer portrayed on the overhead projector a table showing park dedication fee comparisons for area cities, which indicated the fees per unit, as follows: Chanhassen $1,200 Chaska 750 Minnetonka 450 Minnetrista 3,000 Mound 3,000 Orono 750 Plymouth 1,000 Shorewood 750 Tonka Bay 600 Only Minnetrista is as high as Mound. Park & Open Space Commission Minutes June 9, 1994 The Parks Director explained that the City Council sets the fees, and they have not changed in years, however, he believes there has been some discussion by the Council to look at modifying the ordinance. Mr. Boyer requested that they also be allowed to pay the fees on a per unit basis when they are sold. He stated that is a hardship for any developer to have to pay the entire fee up-front. (Bill Darling arrived.) There was some discussion about how staff determined the fair market value, and it was clarified that the "Taxable Market" value as identified in the 1994 Tax Book was used. Ahrens confirmed that the Hennepin County Assessors, during Board of Review, ascertain the value listed in the tax books to be the "Fair Market Value." Fackler clarified that the Park Commission is given the opportunity to make a recommendation on the issue of park dedication only to determine if land or cash should be retained, not to debate the value and the amount as this is clearly delineated in the ordinance. Ahrens confirmed that the 10% rule is currently being questioned by the City Council. Casey stated that he cannot vote in favor of staff's recommendation. He would like to see an appraisal on the property, or and offer to sell the property to the City at $1,240,000 if that is what the fair market value is determined to be. Casey would also like to see what portion of land could be donated in lieu of the fees. Ahrens again noted that the City has been consistently using the taxable market value listed in the tax books, and she does not think it would be wise to change this practice now and require an appraisal. ' John Blumentritt, also of Boyer Corporation, summarized what they are asking the Park Commission to take into consideration in their recommendation, which is: 1) Be more reasonable with the amount; why is there such a difference in the fees from other area communities? 2) Does Boyer need to pay the fee up-front? Schmidt commented that she is excited about the development, and excited about receiving the funds to help enhance and develop existing park property within the City. She does not have a problem deferring the payment. MOTION made by Goode, seconded by Darling to recommend to the City Council that cash payment be received in lieu of land dedication for Pelican Point, totalling $124,000, and that the City Council work with the City Attorney to find a way to defer the park dedication payments. Casey moved to amend the motion to recommend that an appraisal be done to clarify the fair market value. Due to lack of a second, the motion failed. MOTION carried 8 to 1. Those in favor were: Schmidt, Darling, Goode, Byrnes, Meyer, Steinbring, Geffre, and Ahrens. Casey opposed. This issue will be addressed at the June 14, 1994 City Council meeting. Park & Open Space Commission Minutes June ~ 1994 PUBLIC LAND PERMITS: DOCK SITES 02665, 12550, 13810, 22360, 31360, 31390, AND 5103o Parks Director, Jim Fackler, reviewed the staff report. The City of Mound is updating the permits for structures located on public lands. Staff recommended approval of the Public Land Permits as shown on Exhibit A, below, subject to the following conditions: Permits shall be approved according to the "Recommendation/Comments-noted on Exhibit A. 0 The permits will expire five (5) years from the date of City Council approval. The permits must be renewed with change in dock license holder. The applicant's dock license will not be issued if compliance to these conditions has not been achieved within one year of the date of approval of the permit. The Park Commission reviewed each site separately. The Parks Director explained that this is a new stairway to an existing dock site. MOTION made by Ahrens, seconded by Darling, to recommend approval of the stairway, as recommended by staff. Motion carried unanimously. LBIE TYPE D UNTIL STAIRWAY ISSUE IS RESOLVED. The Parks Director explained that the Building Official has discussed this issue with Ms. Bialon, and she will try to arrange to have the blocks removed. MOTION made by Goode, seconded by Ahrens, to recommend that the City work with Mrs. Bialon to remove the cement block stairway, and that the applicant's dock license not be issued if compliance has not been achieved within one year of the date of approval of the permit. MOTION carried unanimously. 3 Park & Ot~en Space Commission Minutes June ~ 1994 The Parks Director explained to the Commission that staff determined the light, outlet, and pump should be removed from the commons, as it is inconsistent with the guidelines. When staff applied the flow chart to this request, they determined the light, outlet and pump will not "enhance and encourage the use of the public lands by the general public." Both Goode and Ahrens disagreed and feel a permit should be granted for three years, and renewable. Goode noted that the light is not obtrusive, and the pump and outlet are used to water the lawn which is not a negative impact. Ahrens emphasized that abutters are also part of the "general public". The Parks Director asked the Commission to consider how this approval could set a precedence for other cases. Schmidt suggested that the pump and electric be allowed to remain, but that the light be moved to private property. Meyer noted that the electric in the light post could be capped within a box that could be level with the grade, and an extension cord of about 4 feet long could then be extended to the pump on the dock. MOTION made by Casey to recommend that the light, outlet, and pump be removed, as recommended by staff. Due to lack of a second, the motion failed. Geffre noted that the Commission has already recommended approval of pumps on other docks. MOTION made by Darling, seconded by Steinbring to recommend that the pump and outlet be allowed to remain with the outlet box flush to the ground, and that the light be relocated onto private property. It was noted that this light is a good 70 feet +/- from private property. Ahrens stressed that this area is different, and the light is not obtrusive and it should be allowed to remain. The Guidelines for Lights on the Commons were reviewed and Ahrens noted that she does not agree with the guidelines. Goode emphasized that this light is existing, and it should be allowed to remain, but if it were a request for a new light she would look at it differently. Darling withdrew his motion. MOTION made by Ahrens, seconded by Schmidt to recommend approval of the outlet, light, and pump according to #14 on the flow chart, which states, "Grant permit up to 5 yea[s and renewable. The motion was subsequently withdrawn by Ahrens. MOTION made by Geffre, seconded by Darling to recommended approval of the light and outlet accoarding to #16 on the flow chart, "Grant permit up to 3 years, not renewable. To be checked annually." Byrnes stated that she in not in favor of the motion because of the "not renewable." It was discussed that the option should be available to have the light and electric renewable. Park & Open Space Commission Minutes June ~ 1994 MOTION made by Goode, seconded by Ahrens to recommend the outlet, light, and pump be permitted according to #15 on the flow chart, "Grant permit up to 3 years and renewable.' MOTION carried 6 to 3. Those in favor were: Goode, Ahrens, Byrnes, Schmidt, Steinbring, and Geffre. Darling, Casey, and Meyer were opposed. Casey commented that he was in favor of staff's recommendation. This request will be heard by the City Council on June 28, 1994. The Parks Director informed the Commission that this items has been withdrawn as the outlet has been removed from the Commons, and the Building Official has confirmed the removal. The Parks Director explained that this will be a new stairway to be shared between two dock site holders. MOTION made by Schmidt, seconded by Darling, to recommend approval as recommended by staff. Motion carried 8 to 1. Those in favor were: Ahrens, Darling, Goode, Byrnes, Schmidt, Geffre, Meyer, and Steinbring. Casey abstained. Casey explained that he did not get a chance to look at the site. The Parks Director explained that this request is to replace an existing dilapidated stairway. MOTION made by Ahrens, seconded by Darling, to recommend approval as recommended by staff. Motion carried unanimously. 5 Park & Open Space Commission Minutes June ~ 1994 HORELANDRE T RATI N Parks Director, Jim Fackler, reviewed the staff report. The applicant is seeking a permit to lower the height of the existing retaining walls, install a new stairway, modify the slope to a more natural grade, and fill in the old boathouse area using materials from the site, as shown on the attached plan. The proposed work is a combination of the applicant's initial request to extend the expired permit (Resolution//93-68) and the City's staff recommendations. The City and the previous owner at 4729 Island View Drive, Mr. Dean Hanus, were involved in litigation in which the City prevailed and obtained an order for removal of the boathouse on the abutting commons. The boathouse was partially removed by Mr. Hanus and restoration is still incomplete. After resolution of this lawsuit, a Lis Pendens was filed with the County and this put a restriction on the sale of the property. The applicant and staff met on several occasions working out a compromise that we feel is achievable by the applicant and minimizes the level of private encroachment on the public land. Please note the attached background information including: Staff recommended approval of a one year permit to complete the alterations on the commons according to the plans and specifications as submitted, with the following conditions: 1. Full compliance with the escrow agreement dated June 1 1994 as prepared by the City Attorney. · The new stairway shall be installed to code as required by the Building Official. The applicant is responsible for all costs incurred, including installation and maintenance of the retaining walls and stairways. If compliance has not been achieved within one year of date of approval of the permit, the applicant's dock license will be revoked until all provisions in the permit are met. If the applicant has not completed all the necessary work set out in the permit, any rights to construct or maintain these allowed improvements on public land shall be considered revoked and City staff is authorized and directed to proceed to remove all improvements not authorized and approved by the City Council. 5. The permit will expire five (5) years from the date of City Council approval, in the event full compliance with the resolution is achieved within one (1) year. 6. The permit must be renewed with change in dock license holder. Chair Schmidt confirmed that the applicant is in agreement with staff recommendation. MOTION made by Ahrens, seconded by Schmidt, to recommend approval of the request as recommended by staff. Motion carried unanimously. The applicant was informed that this recommendation will be reviewed by the City Council on June 28, 1994. 6 Park & Open Space Commission Minutes June ~ 1994 EVIEW F W RK H P MEETIN HELD N MAY 24 I 4- PLANTING POLIC_Y Darling handed out a draft of the "Mound Parks and Open Space Commission Policies for Plantings on Traversable and Non-Traversable Commons". Schmidt referred to "C." which relates to native plants, and suggested that a list of native plants conducive to our zone be obtained and kept on file at City Hall and available to the public upon request. (Ahrens was excused from the meeting.) Casey commented that this policy should not be limited to abutting property owners only, and a nonabutter should be able to request to plant on the public lands. Staff noted that this policy should be utilized as a guideline only, and utilized when reviewing permit requests which involve plantings on the public lands. The Parks Director clarified that a permit is required for I~lanting/land alterations on public lands. Staff also suggested that the policy pertain to all the public, not just the abutters. Bill Darling will work on revising the policy and will have it available for review at the next meeting. 1~995 BUDGET DISCUSSION Schmidt clarified with the Parks Director that requests for capital outlay items need to be submitted to the City Manager at the end of this month. The list of 1995 budget items shown in the Park Minutes of May 12, 1994 was reviewed. Fackler noted that a couple of items have been deleted, such as the volleyball courts, and he has added a request of $7,000 for a playground structure at Edgewater Park as requested by the neighbors. The Commission reviewed other possible improvements to Edgewater Park, including, benches, a new stairway to the road, and possibly reducing the size of the parking lot. Byrnes questioned when the riprap at Wychwood can be repaired, and Fackler noted that other areas need to be completed first, then they will begin repairing existing riprap. ~. Schmidt noted that Ahrens had some questions regarding the funds for stairways on public lands, however, Ahrens was no longer in attendance. Fackler reviewed that $10,O00has been requested in the budget, and they hope to complete 2 to 3 stairways on the commons, starting with the stairway at Devon Commons. The Stairways are proposed to be concrete. ~. The Commission noted that nothing was listed to budget money to develop the Lost Lake property into a park. Fackler indicated that he can include this item in his budget request. The Commission envisioned the park development to include a bike path. Til_[[~l r. The Commission requested if a tiller could be purchased in 1995 for the planting areas in the Adopt a Green Space Program. Fackler commented that each year they rent a tiller, and that the planting areas at Mound Bay Park were tilled this spring. Mound Bay Par_k. Schmidt requested that more picnic tables be placed at Mound Bay Park, and that some shade trees be planted about 15 feet back from the tie wall at the beach. 7 Park & Open Space Commission Minutes June 9, 1994 _CELEBRATE SUMMER (IN THE WINTER} Schmidt distributed a drafted outline for "a MULTI-Seasonal Celebration in our Mound City Parks," to have a winter event at Mound Bay Park through the Celebrate Summer program. The suggested date is Sunday, January 29. It was questioned if this date will conflict with the Super Bowl. The suggested time is 1 pm to 5 pm. Proposed activities include: - a plowed skating rink on Cooks Bay - kite flying hot air balloon rides - dog sled demonstrations ' ice fishing contest ice diving concessions by Mound Youth Group - hay/sleigh rides broom ball bon fire (Christmas tree burn at Lost Lake Park?) This item is to be brought back for discussion at the August Park Commission meeting. 2N8.~9'4S: CITY COUNCIL WILL DISCUSS AT COW ON 6-21-94 AND AT COUNCIL MEETING ON 6- The Commission discussed the need for a Commissioner to attend one or both of the meetings. P__ark Director's Report_ Jim Fackler reported that the pier at Centerview Beach is installed. The city beaches will be open full time at the end of this week. He will be busy this month with the Around Mound Run/Walk and City Days. The playground structure has been completed at Mound Bay Park. Pock Inspector's Report_. Tom McCaffrey reported that he has been working with the LMCD on determining the amount of lake usage by Mound's dock program. Celebrate Summp~ Byrnes reviewed the upcoming Celebrate Summer events. Byrnes reported that her and Schmidt are in the process of applying for a grant to help pay for future entertainment for the Celebrate Summer program. MOTION made by Goode, seconded by Darling to adjourn the Park and Open Space Commission Meeting at 10:40 p.m. Motion carried unanimously. 8 MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION JUNE 13, 1994 Those present were: Chair Geoff Michael, Commissioners Michael Mueller, Frank Weiland, and Mark Hanus, City Council Representative Liz Jensen, Building Official Jon Sutherland and Secretary Peggy James. Absent and excused were Bill Voss, Jerry Clapsaddle, and Lisa Bird. The following people were also in attendance: Mike Johnson, Gert Gerold, Tracy Walstrom, Paul Host, Dustin Frantsen, Ann Eberhart, Greg Keller, Diane Akey, James Peterson, Paul & Virginia Erickson, Bill Knosolla, Michael & Carol Johnson, Curtis & Marjorie Olson, Debbie & Thomas Hall, Louis & Sharron Szabo, and Tim Szabo. MINUTES The Planning Commission Minutes of May 23, 1994 were presented for approval. MOTION made by Weiland, seconded by Mueller, to approve the Planning Commission Minutes of May 23, 1994 as written. Motion carried unanimously. _BOARD OF APPEAL~ ~ ~M_ 4872 LESLIE ROAD LOTS&E 12OF9. BLOCK 21 WYCHWOOD PID #24-117-2441 021. VARIANCE FOR FENCE. Building Official, Jon Sutherland, reviewed the staff report. The applicant is seeking a 2 foot fence height variance for a portion of the yard fronting on Monmouth Road. This portion of the site is functionally the rear yard. The applicant's concern is lighting from houses on Monmouth create a nuisance for this property. The applicant has a reasonable concern due to topography. The houses and lights to the north appear to create a negative impact. There are other properties in this area with similar situations, and they have established tree and bushes and other growth to minimize this negative impact of the neighboring lighting, etc. Staff's main concern is the impact of a 6 foot fence this close to the right-of-way. The lot line is situated virtually up to the paved Monmouth Lane, and it appears that establishing a buffer of tree or other growth is preferable to a 6 foot fence in this location. Staff recommended denial of the request as it is inconsistent with the zoning ordinance provisions regarding fences and other alternatives are available. Mrs. Wahlstrom stated that they have no privacy in their backyard from the street and neighbors due to topography. They would like to install a 6 foot high fence at their property line which, is 1 foot from the wood retaining wall, on the street side. She emphasized reasons for needing a 6 foot fence, as follows: Planning Commission Minutes June 13, 1994 The topography creates a hazardous situation for her children. - To keep the neighbors dogs out. To filter the lights from neighboring properties which shine into their house. Mrs. Wahlstrom also stated that if trees were planted, they do not provide much privacy in the winter. Mueller commented that he does not think 2 feet more of fence height will make much of a difference. Weiland confirmed with the applicant that there is about 3 feet between their property line and the curb. Hanus commented that he would prefer a fence over foliage in this instance because of the limited space between the retaining wall. Also, the fence is better than seasonal buffering. Jensen commented that she does not want to see the City walled-off. MOTION made by Mueller, seconded by Weiland, to recommend denial of the variance, as recommended by staff. Motion carried unanimously. This case will be heard by the City Council on June 28, 1994. CASE #94-31 ~_0._L JOHNSON 1773 SHOREWOOD LANE. LOTS 13 & 14 BLOC. K 5 SHADYWOOD POINT PID #13-117-2411 0030. VARIANCE FOR PORCH. Building Official, Jon Sutherland, reviewed the staff report prepared by the City Planner. The applicants are seeking approval of a variance to construct a 12' x 20' three season porch. The proposed porch meets all setback requirements. This case involves the following variances: Existin.q/ProDosed ~ ~ Front Yard - House 27.8' 30' 2.2' Side Yard - Garage 3.0' 4' 1.0' Rear Yard - Shed 2.0' 4' 2.0' Hardcover 32% 30% 2% The hardcover variance on this lot results from the existing facilities, the new porch, and particularly, the extensive concrete parking area that is proposed. It appears as though it would be relatively easy to remove a portion of the proposed concrete parking area in order to achieve conforming impervious surface coverage. 2 Planning Commission Minutes June 13, 1994 Staff recommended that the Planning Commission recommend approval (recognition) of the variances relating to the existing front yard setback of the house, the existing side yard setback of the garage, and the existing rear yard setback for the shed conditions upon the following: The proposed concrete parking area shall be reduced in size in order to not exceed the maximum impervious cover limitation of 30%. Furthermore, the applicants shall revise their site plan accordingly and submit a new Hardcover Calculations sheet for review and approval by the Building Official prior to issuance of a building permit. Michael Johnson, applicant, addressed the Commission and requested that they take the 9 foot wide boulevard area into consideration when reviewing the hardcover. Mr. Johnson emphasized the need for the addition parking area, he has two cars and a boat that need to be parked outside. He also noted that he gets water in his basement and the concrete area helps deter seepage. Mueller noted that the hardcover would need to be reduced by 275 square feet in order to conform to the 30% requirement. The Commission discussed many different options to help the applicant meet the hardcover requirement. Jensen suggested that the applicant work on his site plan to make it work. MOTION made by Mueller, seconded by Hanus, to recommend approval of the variance, as recommended by staff. Motion carried unanimously. This case will be heard by the City Council on June 28, 1994. ~ AMES PETERSON 2561 WEXFORD LANE LOTS 4 - I BLOCK 7 SETON PID #24-117-24 14 0001. VARIANCE F R DECK. Building Official, Jon Sutherland, reviewed the staff report. The applicant is seeking a permit in order to construct a nonconforming deck on the lakeside of the property. A corner of the deck is 7 feet nonconforming to the required 50 foot setback to the ordinary high water (OHW). This encroachment is minimal in this case and buffered by the substantial wetlands. As noted on the plans, the deck is Iow to the ground and if not attached to the dwelling would not require a building permit. A guardrail is not planned and this lessens the visual impact from the lake. Staff recommended the Planning Commission recommend approval as the request is a minimal encroachment due to the specific conditions and is a reasonable use of the property. Jensen questioned if the Building Official has confirmed compliance to the conditions listed in Resolution #93-128, specifically, "The driveway shall be located so that the impact of the encroachment is minimal and shall not exceed a 12 foot variance from the required 50 foot setback." The Building Official suggested that this could also be made a condition in this resolution, and he can verify. 3 Planning Commission Minutes June 13, 1994 MOTION made by Hanus, seconded by Mueller, to recommend approval of the variance, as recommended by staff, and Including required compliance to the conditions listed within Resolution #93-128. Motion carried unanimously. This case will be heard by the City Council on June 28, 1994. ~ CURTIS & MARJORIE OLS N 4801 ISLAND VIEW DRIVE LOT I & E Building Official, Jon Sutherland, reviewed the staff report. The applicant is seeking variances in order to reconstruct an existing nonconforming deck on the property. The deck is nonconforming to the 50 foot lakeshore setback by approximately 10 feet and also to the rear yard setback by approximately 9 feet. The existing dwelling is nonconforming to the 20 foot front yard setback by 19.85 feet. This site grossly exceeds the maximum hardcover due to the minim, al lot size of 4,300 square feet +/-. The additional green space on the right-of-way, the commons, and the commons access to the east lessens the impact of this excessive hardcover. A minimally sized deck is a reasonable use of this riparian property. The deck is existing and this is the only logical location for replacement. The lot corners and the City utility easement are not clearly located on the survey, Staff recommended the Planning Commission recommend approval of a maximum 10 foot wide deck with the condition that an updated survey be submitted that verifies the conditions as submitted and includes the location of the City easement on the lakeside for utilities. Weiland commented that the survey is a good idea, and it will verify any encroachments onto the easement. The Building Official confirmed that the setback noted to the shoreline is approximate, and it needs to be confirmed. Mueller does not think it should be the applicant's responsibility to locate the easement; it is a city easement on public property. Hanus stated that he understood the recommendation to mean that the applicant only needs to verify the easement is not on his property. MOTION made by Weiland, seconded by Hanus to recommend approval of the variance as recommended by staff, with the exception that a 12 foot deck be allowed to be constructed as long as the deck does not encroach over the property line. Hanus questioned if a 10 foot deck is not a functional size, and suggested that because of the location of the doors entering onto the deck, this could be a hardship to allow the 12 foot deck. 4 Planning Commission Minutes June 13, 1994 Mueller stated that he feels the City should assist in locating the easement. Sutherland commented that both the City Engineer, John Cameron, and Public Works Superintendent, Greg Skinner, recommended that the easement be located by the applicant. Jensen feels a 10 foot deck is functional and it would also improve the setback to the lake. Michael emphasized that the existing 12 foot deck has been there for a very long time. MOTION carried 3 to 2. Those in favor were: Weiland, Hanus, and Michael. Mueller and Jensen opposed, This case' will be heard by the City Council on June 28, 1994. CASE #94-34 DUSTIN FRANTSEN 2901 MEADOW LANE LOT 1 & 9 BLOCK 5 MINNESOTA BAPTIST SUMMER ASSEMBLY PID #23-117-24 42 0104. VARIANCE FOR GARAGE. Building Official, Jori Sutherland, reviewed the staff report. This property is located in the R-2 zone which requires a minimum lot area of 6,000 square feet, lot frontage of 40 feet, a 20 foot front yard setback to Meadow Lane, a 10 foot front yard setback to the unimproved Glenwood Drive, a 6 foot side yard, and a 15 foot rear yard setback. The existing dwelling is nonconforming by 7.5 feet to the required 10 foot setback to Glenwood Road, and lot frontage is nonconforming by 1.4 feet. The applicant is seeking a building permit for a garage that is conforming to setbacks and impervious surface requirements. The parcel is an odd shaped corner lot further complicated by the unimproved Glenwood Road. A Construction on Public Lands Permit, as required by City Code Section 320, will need to be issued as part of this request for the proposed driveway. The original application was for a street vacation, however, due to the City utilities located in the right-of-way and the adjacent undeveloped Lots 13 - 17, staff suggested to the applicant that a vacation would receive a negative recommendation from staff. This variance request was another option available in seeking approval to construct a garage. The logical, and preferred solution, is to have Glenwood Road improved to City standards, however, this results in a considerable cost to the abutting properties and is not feasible to the applicant at this time. Staff Recommended the Planning Commission recommend approval of the variance to allow construction of a 26' x 30' detached garage, subject to the following: 1. Liability concerns need to be addressed, possibly through a hold harmless agreement prepared by the City Attorney. 5 Planning Commission Minutes June 1~ 1994 The City shall not be responsible for reimbursement for any improvements made by the applicant to the right-of-way, in any case. In 'the event the right-of-way is disturbed at any time by the City, the City will not be responsible for restoration, other than that as approved by the Public Works Superintendent. The recommendation of the City Engineer as listed in his memorandum dated June 8, 1994. Mueller noted that the hardcover calculations did not include the driveway, however, it appears that the hardcover will still be conforming including the driveway. Mueller expressed a concern about possible future deck construction, and that with the hardcover maxed out, it would not be conforming. MOTION made by Hanus, seconded by Mu,lief, to recommend approval of the variance as recommended by staff. Motion carried unanimously. This case will be heard by the City Council on June 28, 1994. CASE #94-35 LOUIS SHARRON & TIMOTHY SZABO 5135 DRUMMOND ROAD LOTS 9 & 10 BLOCK 14 WHIPPLE PID 825-117-2412 0114. VARIANCE FOR ADDITION. Building Qfficial, Jon Sutherland, reviewed the staff report. This property is located in the R- lA zone which requires a minimum lot area of 6,000 square feet, a 20 foot front yard setback, 6 foot side yard setbacks, and a 15 foot rear yard setback. The applicant is seeking variances as listed below in order to add a bedroom, enclose an exterior stairway to the basement, and install a driveway to the existing garage in the rear yard. All structures on the property are nonconforming. The foundations of all buildings are in good condition, otherwise they all need maintenance. The existing dwelling, other than the foundation, is in very poor condition. The applicant intends to resolve some of these problems as part of this proposal. Reauired Variance~ The existing dwelling requires recognition of a 6.6 foot front yard variance and a 3.4 foot west side yard variance. The existing garage requires a 0.1 foot west side yard variance. The existing shed requires a 1.0 foot side and rear yard variance. The proposed bedroom is nonconforming to the required 20 foot front yard setback by 2.8 feet. 6 Planning Commission Minutes June 1~ 1994 The proposed enclosure for the stairway is nonconforming to the west side yard setback by 2 feet. Be The proposed driveway creates an impervious surface variance of 124 square feet (including the existing shed). This property is a hodgepodge of buildings that results in a poor layout on the property. An alternative is demolition and reconstruction of conforming structures and a more suitable layout for the site. The former owner used the property in a non traditional manner. The garage had been used as a workshop and general storage, and not to park vehicles. There is currently no driveway other than the slab used as a parking area. The proposed driveway dissects the parcel and creates the excess hardcover. The applicant's proposal does not encroach a great deal more than the existing conditions, with the exception of 124 square feet more of hardcover, however, it does not improve any of the nonconformities and extends them. The enclosure over the stairway encroaches into the normal 6 foot building code separation of structures of this type. Staff recommended the Planning Commission recommend denial of the request as it is inconsistent with the spirit and intent of the zoning ordinance and this proposal increases the intensity and extends the nonconforming use of the property. An alternative to a recommendation of denial is to table the request to give the applicant the opportunity to evaluate other possibilities for development of the site that will be consistent with the zoning ordinance and improve the nonconforming status. Applicant's Louis and Tim Szabo, informed the Commission that they would like to address each variance situation as outlined in staff's report, and explained that they have made some modifications to their plan. They confirmed that the shed has a concrete floor. 1. The existing dwelling requires recognition of a 6.6 foot front yard variance and a 3.4 foot west side yard variance. The applicant cannot change this item. The existing garage requires a 0.1 foot west side yard variance. The existing shed requires a 1.0 foot side and rear yard variance. Staff also noted that in order to qualify the garage as an accessory building and be permitted to have a 4 foot side yard setback, it must be setback 5 feet from the principal dwelling, and the Building Code requires a 6 foot separation unless there is fire wall construction. 7 Planning Commission Minutes June 13, 1994 - They are willing to move existing detached garage to the south, away from the house, to allow for a 6 foot separation. - Will remove the shed which will also improve hardcover. The proposed bedroom is nonconforming to the required 20 foot front yard setback by 2.8 feet. The addition can be moved back to meet the 20 foot setback requirement. The proposed enclosure for the stairway is nonconforming to the west side yard setback by 2 feet. The stairway addition can be moved over to meet the 6 foot side yard setback requirement. o The proposed driveway creates an impervious surface variance of 124 square feet (including the existing shed). The 10.2' x 11' shed will be removed, resultingin a very minor hardcover variance. The Building Official supported the proposed changes, and stated that it is reasonable to allow a minimal side yard encroachment for the stairway enclosure as a minimum 3 foot landing at the top must be provided. MOTION made by Weiland, seconded by Hanus, to recommend approval of the variance according to the proposed plan amendments as noted by the applicant. Motion carried unanimously. This case will be heard by the City Council on June 28, 1994. ~ ?H.,O~Ss_ _._~_~_ .. B^,T.ET~ B'VD.. 'O~ 4. ,L CK 30.n S. C^.'SO .. ^D~mO. ,~ #~3.~ ~7-244~ 0040. V^,~^NCE "O. D~CK. Building Official, Jon Sutherland, reviewed the staff report prepared by the City Planner. The applicant is seeking approval (recognition) of variances to construct a conforming deck on the front of the home. The subject property is a through lot with frontage on both Bayport Road and Bartlett Blvd. The proposed deck addition conforms to all setback requirements. The existing home and a shed building are currently nonconforming due to setbacks. Total hardcover on the site is 23.3%. This case involves the following variances: 8 Planning Commission Minutes June 13, 1994 _Existin.q/ProDosed ~ Variance Side Yard - House 5.3' - 6' .7' Front Yard - Shed 15' 20' 5.0' The shed is 144 square feet. It may be possible to move the shed into a conforming position on the lot,, however, its current location does not impact sight distance along Bayport Road nor does it pose any other practical problem. Staff recommended that the Planning Commission recommend approval (recognition) of the variances related to the side yard setback of the existing house and the front yard setback for the existing shed in order to construct a conforming deck as shown on the applicant's site plan. Weiland questioned the applicant if he could move the shed. Mr. Hall informed the Commission that due to topography it would be difficult to relocate, however, it could be done. Jensen noted that there is a 14 foot wide boulevard from the properly line to the curb. The applicant stated that there are no visual problems with the shed location. MOTION made by Mueller, seconded by Weiland to recommend approval of the variance as recommended by staff. Motion carried unanimously. This case will be heard by the City Council on June 28, 1994. CASE#94-38 MICHAEL JOHNSON 1721 GULL LANE LOTS 5 6 7 BLOCK 14 DREAMWOOD PID #13-117-24 13 0014. VARIANCE FOR GARAGE ADDITION. Building Official, Jon Sutherland, reviewed the staff report prepared by the City Planner. The applicant is seeking a front yard setback variance to add an entry deck at the southeast corner of the structure and construct a new 28' x 24' garage addition. The garage conforms to required setbacks. The proposal includes construction of a 10.3' x 13.9' entry deck. The proposed entry deck will continue the front wall line but will not further encroach into the front yard area. According to the elevation drawing submitted, the deck will not contain a roof. Staff recommended that the Planning Commission recommend approval of the front yard setback variance of 9.2 feet for the construction of an open entry deck and an attached garage measuring 28'x 24'. Staff noted that two garage sizes were identified in the application, one measuring 28' x 24' and the other measuring 30' x 26'. The applicant clarified that the proposed garage is 28' x 24', and the other size included the overhangs. MOTION made by Mueller, seconded by Weiland, to recommend approval of the variance as recommended by staff, and including a condition that the front porch area not be roofed or enclosed in the future. Motion carried unanimously. 9 Planning Commission Minutes June 13, 1994 This case will be heard by the City Council on June 28, 1994. ~ DIANA AKE¥ I 20 SHREW D LANE L TBL K 2 Building Official, Jori Sutherland, reviewed the staff report prepared by the City Planner. The applicant is seeking approval of a number of variances in order to construct a detached garage. At the present time, there is no garage on the site. Below are the variances involved in this case: Existin.q/Proposed ~ ~ Front Yard - Garage -- ' - 2.' 8.' 6.' Side Yard - Shed 1.65' 6.' 4.35' Street Frontage 50.' 60.' 10.' Lot Width 50.' 60.' 10.' Lot Size 7,639 s.f. 10,000 s.f. 2,361 s.f. Hardcover 37.49 % 30% 7.49 % The applicant is proposing to construct a 24' x 24' detached garage with the door facing the ease (side). Such structures are required to maintain an 8 foot front yard setback. Because of the location of the existing home and the existing topography of the site, the proposed garage sits two feet inside the property line, and 8 feet from the curb. At the present time, hardcover surfacing covers 44.32% of the site. With the proposed garage, the total hardcover is reduced to 37.49%. Staff recommended that the Planning Commission recommend approval of the variances noted above in order to allow the construction of a detached garage with a side facing door. In its deliberation on this matter, the Planning Commission may want to consider whether or not the garage size as proposed represents a minimum situation. If the Commission concurs that a variance for a garage should be granted, there should be conditions on the removal of the existing driveway apron and bituminous area that lies immediately south of the proposed garage building. Mueller questioned if a 22' x 22' garage would be preferred. He noted that if 2 feet were removed on the depth it would not change the amount of hardcover as it would increase the driveway coverage, and removing 2 feet on the width would reduce the hardcover by only 48 square feet. Applicant, Diane Akey, explained to the Commission that if the width was reduced to 22', the doorway ~Nould have to be moved from the front to the side, which would then require an additional landing and walkway resulting in more hardcover. MOTION made by Mueller, seconded by Jensen, to recommend approval of the variance as recommended by staff, for a 24' x 24' detached garage. Motion carried unanimously. 10 Planning Commission Minutes June 13, 1994 Jensen confirmed with staff that the Commission's findings would be included in the resolution. This case will be heard by the City Council on June 28, 1994. CASE #94-42 PAUL & VIRGINIA ERICKSON I 64 ANARY LANE L TS 7 & 8 BLOCK 4' WOODLAND POINT PID #12-117-2443 0 1 . VARIANCE F R POR H. Building Official, Jon Sutherland, reviewed the staff report prepared by the City Planner. The applicant is seeking a hardcover variance in order to remove an existing deck and replace it with a 3 season porch. If the proposal is approved, the total impervious surfacing on the site will be 33.3%. The existing home and the proposed porch conform to setback requirements. The subject site is somewhat unique in that it is surrounded by City owned open space on two sides. A 20 foot parcel to the north of the site and the lots behind the existing home are owned by the City of Mound for drainage purposes. In the past, the applicant has inquired about purchasing all or a portion of the City owned land. To date, the City has elected to retain the title to these land areas. The proposed construction exceeds the maximum hard coverage allowed by a small margin. The additional 3.3% hardcover is more than compensated by the amount of permanent open space abutting this parcel. Staff recommended that the Planning Commission find that strict interpretation of the Zoning Ordinance in this case constitutes a practical difficulty, in light of the fact that permanent open space abuts the property on two sides. As a result, hardcover variance approval is recommended to allow construction of the porch. The Commission questioned if the adjacent City property may some day be sold to abutting land owners. The Secretary stated that the property has been retained for drainage and utility purposes and has not be released for sale. It was clarified that the existing deck is 8' x 17'. The Commission discussed the possibility of the owner wanting a deck in the future to replace the deck that is now being converted to a screen porch. MOTION made by Hanus, seconded by Jensen, to recommend approval of the variance, as recommended by staff, and including the following: 1. It is not the intention of this variance approval to allow a new deck in the future to replace the existing deck that is being eliminated by the new porch. 2. This approval includes the finding that the adjacent City owned property will not be developed in the future and therefore is taken into consideration as additional green space for the nonconforming hardcover. Motion carried unanimously. 11 Planning Commission Minutes June 13, 1994 This case will be heard by the City Council on June 28, 1994. ~ WILLIAM & DEDRA KN ALLA 17 EA LE LANE L T I & 2 BLOCK 12 DREAMWOOD PID #13-117-2412 0064. VARIANCE FOR GARAGE ADDITION. Building Official, Jon Sutherland, reviewed the staff report prepared by the City Planner. The applicant is seeking variance approval to construct a 24' x 24' garage addition. The proposed garage meets all setback requirements. The existing home is on a corner lot and as such, is required to observe a 20 foot setback from Three Points Blvd. The existing house is located 12 feet from the property line resulting in an 8 foot variance. In addition to the home, the lot also contains a 10' x 10' shed which appears to conform to side and rear setback requirements. The amount of proposed impervious cover will total 33.3%. In considering this case, the Planning Commission may want to comment on whether or not a 24' x 24' garage is truly a "minimum" situation. Staff recommended that the Planning Commission recommend approval (recognition) of the side yard setback variance for the existing home and a hardcover variance in order to allow the construction of an attached garage. In its deliberation on this matter, the Planning Commission may want to consider whether or not the garage size as proposed represents a minimum situation. The Commission confirmed that the 8' x 16' portion of the house as shown on the survey is actually a deck. Abutting neighbor, Ann Eberhart, expressed a concern about increased drainage onto her property, as she already has problems. The Building Official commented that staff can review the drainage issues and can offer corrective measures, such as gutters to direct drainage to the front of the lot, or re-grading if necessary. He added that this is the time to improve these conditions, and this can be worked out before the building permit is issued. The applicant stated that he is willing to work on the drainage issues and make any corrections necessary. MOTION made by Weiland, seconded by Hanus, to recommend approval of the variance upon the following conditions: 1. The shed be removed. 2. Drainage and grading issues be reviewed by staff and corrected accordingly. The maker of the motion confirmed that this motion does not condone that a 24' x 24' garage is considered "minimum". Motion carried unanimously. 12 Planning Commission Minutes This case will be heard by the City Council on June 28, 1994. IT¥ OUN IL REPRE ENTATIVE' REP RT Liz Jensen reviewed the City Council Meeting Minutes of May 24, 1994. MOTION made by Weiland, seconded by Jensen, to adjourn the meeting at 10:30 p.m. Motion carried unanimously. June 1~ 1994 Chair, Geoff Michael Attest: 13 Metropolitan Council Advocating regional economic, societal and en?~.~.nmental issues and solutions June 17, 1994 Francene Clark Leisinger Clerk City Of Mound 5341 Ma)wood Rd Mound, MN 55364-1627 Dear Ms. Leisinger: The Metropolitan Council staff has prepared a prelim/nary population and household estimate (April 1, 1993) for your community. Enclosed for your review is a 1993 worksheet which includes 1990 Census background data. The estimates are used by the Council to monitor population and household change in the region. We strive to provide estimates that are accurate and that treat each municipality consistently. If you have questions about the estimates, please contact Kathy Johnson at 291-6332. If you prefer to submit written comments, please direct these to Ms. Johnson as well. We would like to send the estimates to the State Department of Revenue by m/d-July for use in their local aids formulas. 'If you have questions about how local aids are calculated, please address them to Rich Gardner, Minnesota Department of Revenue, 296-3155. If possible, we'd like to finalize the numbers before Submitting them to the Department of Revenue. To do so, we need to hear from you by July 8, 1994. Thank you for your prompt attention to this matter. Sincerely, Dottie Rietow Chair r P./kj Enclosure ~ M ...................... . ......... ~ ~ ~n t:qual Opportunitg Ernp[oc, er ax 291-6550 TDD 291-0904 METROPOLITAN COUNCIL PROVISIONAL POPULATION ESTIMATE APRIL 1, 1993 Housing By Type Single-Family Multifamily (incl. Townhouse) City or Township: Mound 1993 Housing Units 1993 Estimated 1990 Census Corn pleted Hous. ing Units Housing Units __ 3,119 884-1-- 886 1993 Estimated Occupied Households 733 HOUSEHOLD ESTIMATE 1990 Census Households 1993 Household Estimate POPULATION ESTIMATE 1990 Census Total Population 1990 Group Quarters Population 1990 Population in Households 1993 Population Estimate 1993 Group Quarters Population 1993 PoPulation in Households .ERSoNs HOUSEaOLD 1990 Census Persons per Household 1993 Persons per Household 3,710 3,741 9,634 0 9,634 9,643 0 9,64) All numbers are as of April 1 of each year. This total includes 11 units listed in "other" housing in the 1990 Census data. The Census defines these units as those not fitting the defined housing categories, such as houseboats, railroad cars, campers and vans. Since no information on "other" units is available between censuses, for purposes of 1993 population and household estimation, these units have been allocated to the single and multiple family categories. This was done based on persons per "other" household and the ratio of single-fatnily to multifamily housing in the jurisdiction. June 17, 1994 City of Mound 5341Maywood Road Mound, MN 55364 Dear Sirs: I would like to apply for the opening on the planning commission. I have resided in the Mound area for 47 years. I was on the planning & park commission for ten years and on the Mound council one year. A member of the Mohawk Jaycees for 12 years. I was in the construction business for 45 years and have now retired. I feel with my previous experience on the planning & park commission and my knowledge of the construction business I am qualified for this position. Sincerely, Cklair Hasse 6627 Bartlett Blvd Mound, MN 55364 Phone 472-1938 Edward Shukle, Jr. City Manager City of Mound 5341 Maywood Road Mound, MN 55364 RECEIVED JUN 2 Edward W. Surko 2314 Chateau Lane Mound, MN 55364 Tel.: 472-7045 June 1, 1994 Dear Edward: I was very pleased to see the article concerning a planning commission vacancy in the May 30th Laker. I would like to apply for that position having recently moved into Mound and being very interested in involving myself in the community. This particular position is one in which I have experience. Although it was a few years ago, I served with the New York City Planning Commission while in college. I worked with them in re-developing the Manhattan theater district and attempting to attract more tourist traffic. I also assisted in work having to do with waterfront property development on the North Shore of Long Island. I am Particularly interested in helping to economically and aesthetically develop Mound. I have read some of your plans and they are very exciting. I believe that my background can provide real value to you. I am a Political Science graduate with an MBA in finance. As I mentioned above, I have worked with the NYC Planning Commission, the New York City Metropolitan Museum of Art and for the past 14 years in the banking industry. My assignments in banking include both domestic and overseas assignments and I am currently employed with First Bank. I have lived in Minnesota for over three years and am a father of two. Although I have traveled much in the past, I have settled and wish to call Mound my home. I very much would like to contribute to its growth and continued vitality. I have included my resume for your review and look forward to meeting with you shortly. Edward W. Surko EXPERIENCE 1991-Present FIRST BANK SYSTEM, Minneapolis, MN Vlce President, Retail Product Group 1993-Present Responsi.biliti.e.s inc!.ude .creating th.e organizational design and system support structure tot ali reta~ ancl commercial revolving and non-revolving credit products. · Defined organizational processes and system requirements necessary to support all revolving and non-revolving credit products in order to reduce product development time, improve speed of response to customers, and reduce operations and system support costs. · Identified software solution necessary to satisfy those requirements. Vice President & Business Manager, Agent Services 1991-1992 Responsibilities included total accountability for the Agent Services Business which provides retail payment product services to financial institutions and has over $1 I0 million in assets.under management. · Consolidated First Bank System Agent Services business into Rocky Mountain Bank Card/ne., which will yield a $2.3 million cost savings during 1993. · Reduced attrition rates by over 20% through focusing on retention and converting accounts to variable rate pricing, programs · Grew Agent Services distribution units over 100% via acquisitions and new sales initiatives. · Preserved asset levels and sales volumes of portfolios during a period of significant economic decline. 1990-1991 CORESTATES BANK OF DELAWARE, Wilmington, DE Vice President and Manager, Corporate/Business/Procurement Card Products Responsible for the development of Strategic Plan for CoreStates' new credit card products. Implemented Phase I of Strategic Plan. Edward W. Surko Page 2 CORESTATES BANK OF DELAWARE (cont.) · .Develope~l.. product and system specifications to support commercial and agent bank credit card businesses. · Identified internal and external distribution channels and created and implemented cross selling s~*ategics for credit card products. 1987-1990 CHEMICAL BANK, New York, NY Manager, Business Card Products * Developed and implemented the strategic plan for commercial revolving and non-revolving credit product~. Identified appropriate systems support solutions for credit card r Selected third pan',., "rocessor fo ........ ' p oducts. ---.r t' , ,at r~tall anO commercial credit Member of MasterCard s B ' . card products. · usmessCard Adv~so Committee ' determm? roduct . ~.. which members P development and marketing tmaativcs for the association 1980-1987 CHASE MANHATTAN BANK, New York, NY Financial Controller Managed the financial reporting and evaluation of various business segments, including retail, commercial, corporate, and mast services. * Integrated accounting system of newly acquired banks located in Spain and h .Cha · ~.,~-~,upea ~o__n)~_ agea new accounts navable ,,,,;, .... u:~. __ . approxlmate~ $10 milli ' ,~., ,,.,,o~,.~ ,,,,,,.;. cssea y on m annual payments and resulted in mFm~ased control and operating efficiencies and reduced operatin ex nses · Man. aged divestiture of Merchant Servia.-- ~...-. .....g.. pe . ~ savings. ,,ua uu~m¢$s to acmeve significant cost 1978-1980 METROPOLITAN MUSEUM OF ART, New York, NY Securities Lending Manager Managed the museum's securities' lending operation as well as all National Endowment for the Arts (NF, A) grants used for financing special exhibitions for the public. EDUCATION M.B.A., Long Island University: New York · B.A., Political Science, St. John s University, New York Hennepin County An Equal Opportunity Employer June 16, 1994 RECEIVED TO: ALL INTERESTED PARTIES: The Hennepin County Board of Commissioners will be considering amendments to Ordinance 13, the County's recycling ordinance, at its Public Service Committee meeting on June 30, at 9 a.m. in the Hennepin County Board Room, A-2400 at the Government Center, 300 South 6th Street, Minneapolis, MN 55415. If approved, the Board is expected to take final action to amend Ordinance 13 at the official Board Meeting scheduled for July 12, at 10 a.m. at the same location. The proposed amendments to Ordinance 13 require commercial waste generators to separate high grade office paper, corrugated cardboard, aluminum cans, glass bottles and jars, and wood pallets from their normal trash for recycling. Exemptions to the separation requirement are provided for commercial waste generators that produce minimal quantifies of high grade office paper, corrugated cardboard, and wood pallets. The proposed amendments are the result of discussions with commercial waste generators and recycling haulers about the means of ensuring the recycling of certain materials without placing an undue financial burden upon commercial waste generators. Written comments on the proposed amendments to Ordinance 13 are welcome and should be submitted to the Board of Commissioners on or before July 12. Please contact Carl Michaud at 348-3054 for questions regarding the proposed amendments to Ordinance 13. , Si~erely, . ]~//Janet Leick IDivision Manager ~ Department of Public Works Attachment '-----' 417 North Fifth Street Minneapolis, Minnesota 55401-1309 (612) 348-6846 FAX: (612) 348-8532 Recycled Paper Hennepin County Residential Recycling Funding Policy January 1, 1995 through December 31, 1999 Hennepin County Department of Public Works Environmental Management Division July 1994 .... ,2 ?/3 I. POLICY DESCRIPTION Hennepin County has adopted a policy to provide grants to municipalities for curbside collection of residential recyclables. The Residential Recycling Funding PolicY covers the period from January 1, 1995, to December 31, 1999, and provides fOr the distribution of 100 percent of SCORE funds, which the County receives from the State, to municipalities. A municipality shall receive SCORE funds proportional to the number of eligible residential housing units in its curbside collection program on January 1 of each funding year compared to the number County-wide. Eligible residential housing units are defined as single family through eight-plex residential units or other residential units with separate entry and where the individual residential unit sets out its own refuse and recycling container, such as a townhome. The funds can be used for all recycling program expenses including capital and operating costs. SCORE funds are based on revenue received by the State from a sales tax on garbage collection and disposal fees.. SCORE funds are su.b~ect.~ cha~..ge based on revenue received and allocated by the Legislature. Funds available for grants to mumc~pahlaes will be based on SCORE funds received by the County in the State's fiscal year which corresponds to that calendar year (i.e., fiscal year 1995, July 1, 1994, to June 30, 1995, corresponds to the 1995 calendar year). Ae !1. RESPONSIBILITIES OF MUNICIPALITIES Application for Funding 1. Application for a grant must be received by October 1 to receive funding for the following year. The application must be accompanied by a,city.counc.il resolution authorizing submittal of the application. 2. Each municipality applying for grant tunas must sign an agreement to receive payments. B. Minimum Program Requirements 1. Recycling Performance, Municipalities must recycle 18 percent of theft residential waste stream. Hennepin County will determine the residential generation upon which this percentage is calculated, unless a municipality is able to measure its residential generation amount. Failure to achieve this percentage goal will result in the requirement that a plan to increase abatement be submitted for Hennepin County approval within 90 days of the submittal of the municipal year-end report. Materials to be Collected At a a. b. C. d. e. f. minimum, the following materials must be collected at curbside: Newspaper and advertising supplements; Corrugated cardboard; Clear, brown, and green glass food and beverage containers; Metal food and beverage cans; ' All plastic bottles with a neck except bottles that previously contained hazardous materials or motor oil; and Magazines and catalogs. 3. Participation Rates The city must measure the set-out participation rate of its residents in curbside recycling programs in the month of October. A method for measuring participation at least as reliable as a click count or tallying method must be used. Methodology for measuring participation must be approved by the County prior to execution of a grant agreement. 4. R_eporting Requiremen!.~ A Semi-Annual and a Final Report must be submitted to the County by July 31 of the grant year and February 15 of the following year, respectively, on forms provided by the County. a. All grant funds accepted from the County must be used for waste reduction and recycling capital and operating expenses in the year granted; cities will not be reimbursed any funds in excess of actual expenses. b. A municipality or township may not charge its residents through property tax, utility fees or any other method for that portion of the costs of its recycling program funded by County grant funds. c. The municipality or township must establish a separate accounting mechanism such as a project number, activity number, cost center, or fund that will separate recycling revenues and expenditures from all other municipal activities including solid waste and yard waste activities. d. All recycling and waste reduction activities, revenues, and expenditures are subject to audit. e. Municipalities that do not contract for curbside recycling services will receive grant funds provided that at least 90% of the grant funds are credited back to residents and the city meets all minimum program requirements. The additional 10% may be used for municipal administrative and promotional expenses. III. RESPONSIBIIJTIF_,S OF HENNEPIN COUNTY Grant payments will be made to a municipality or township. In 1995, the first grant payment, amounting to one half of the grant application amount, will be made following the County Board approval of the grant application and execution of the grant agreement. The second payment will be made upon receipt of the Semi-Annual Report. In subsequent years, the first grant payment will be made upon submittal of the Final Report for the preceding year in addition to County Board approval of the application and execution of the grant agreement. Hennepin County will continue this funding policy through December 31, 1999, or as long as SCORE funds are available to fund this program. 2 9t,5" ORDINANCE NUMBER 13 SOURCE SEPARATION AND RECYCLING FOR HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS ENVIRONMENTAL MANAGEMENT DIVISION ADOPTED BY THE HENNEPIN COUNTY BOARD OF CONIMISSIO~ OF HENNEPIN COUNTY, MINNESOTA ON OCTOBER 24, 1986 AMENDED ON IN ACCORDANCE WITH MINNESOTA STATUTES, CHAPTERS 115A.551 AND 473.801 ORDINANCE NUMBER 13 SOURCE SEPARATION AND RECYCLING FOR HENNEPIN COUNTY An ordinance regulating the separation of materials which must be separately managed from mixed municipal solid waste by generators, before collection of such materials within Hennepin County; establishing source-separation procedures and principles to be followed by the various subdivisions located in Hennepin County in order to meet recycling goals and in order to promote the health, welfare and safety of the public pursuant to Minn. Stat. §§ 115A.551 et seq. and 473.801 et seq. The County Board of Hennepin County, Minnesota, does ordain: SECTION I DEFINITIONS The following words and phrases, when used in this ordinance, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section. Subsection 1 "Aluminum Recyclables" means all disposable containers fabricated primarily of aluminum and commonly used for soda, beer or other beverages. Subsection 2 "Can Recyclables" means all disposable containers fabricated primarily out of metal or tin. Subsection 3 "Cities" means statutory and home rule charter cities and towns authorized to plan under sections 462.351 to 462.364. Subsection 4 "Collection" means the removal of recyclables from the place at which they are generated and includes all activities up to the time the waste is delivered to a waste facility. Subsection 5 "Collector(s)" means any person(s) who owns, operates or leases vehicles for the purposes of collection and transportation of any type of mixed municipal solid waste, and/or recyclables. Subsection 6 "Commercial Waste" means waste generated by stores, offices, businesses, restaurants, warehouses, and other non-manufacturing activities, and non-process wastes such as office and packing wastes generated at industrial facilities. Subsection 7 "Corrugated Cardboard" means any clean, uncoated, sorted, stiff, moderately-thick paperboard with internal alternating ridges and grooves commonly used to ship merchandise to stores, offices, businesses, restaurants, warehouses and other non-manufacturing activities. Subsection 8 "County Board" means the Hennepin County Board of Commissioners and their authorized representatives. Subsection 9 "Department" means the Hennepin County Department of Public Works, Division of Environmental Management. Subsection 10 "Generation" means the act or process of producing waste. (as defined in Minn. Stat. 115A.03, sub& 11.) Subsection 11 "Generator" means any person who generates waste. (as defined in Minn. Stat. 115A.03, subd. 12.) Subsection 12 "Glass Recyclables" means jars, bottles and containers, which are transparent or translucent and primarily used for packaging and bottling of various matter. Subsection 13 "Hauler" is a person engaged in the business of collecting, transporting, or disposing of recyclable materials, or a self-hauler who disposes of recyclable materials in excess of five (5) tons per month. Subsection 14 "High Grade Paper" means clean, dry, uncoated, gmundwood free, sorted, primarily white ledgers, envelopes, computer and copy paper from offices. Subsection 15 "Metropolitan Council" means the council established in Minn. Stat. Chapter 473. Subsection 16 "Mixed Municipal Solid Waste" means garbage, refuse, and other solid waste from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection, but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, fires, lead acid batteries, used oil, and other materials, collected, processed, and disposed of as separate waste streams. (as defined in Minn. Stat. 115A.03, subd. 21.) Subsection 17 "Municipality" means any incorporated city within the boundaries of Hennepin County, Minnesota. Subsection 18 "Paper Recyclables" means paper of the type commonly referred to as newsprint. Expressly excluded, however, are all magazines or similar periodicals. Subsection 19 "Person" means any human being, any municipality or other governmental or political subdivision or other public agency, any public or private corporation, any partnership, firm, association or other organization, any receiver, trustee, assignee, agent or other legal representative of any of the foregoing, or any other legal entity, but does not include the pollution control agency. (as defined in Minn. Stat. 116.06, subd. 17.) Subsection 20 "Political Subdivision" means any municipal corporation, governmental 3 subdivision of the state, local government unit, special district, or local or regional board, commission or authority authorized by law to plan or provide for waste management. (as defined in Minn. Stat. 115A.03, subd. 24.) Subsection 21 "Recyclable Materials" means mat~-:-'- -~ - .... c~ats mat are separated from mixed municipal solid waste for me purpose of recycling including paper, glass, plastics, metals, automobile oil and batteries. Refuse-derived fuel or other material that is destroyed by incineration is not a recyclable material. (as defined in Minn. Stat. 115A.03, subd. 25a.) Subsection 22 "Recycling" means, in addition to the meaning given in Minn. Stat. § 115A.03, subd. 25b, yard waste, composting and recycling that occurs through mechanical or hand separation of materials that are then delivered for reuse in their original form or for use in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. Subsection 23 "Recycling Container" means any receptacle that is used to collect recyclable materials and meets the specifications adopted by the County Board. Subsection 24 "Recycling Facility" means a facility at which materials are prepared for reuse in their original form or for use in manufacturing processes that do not cause the destruction of the materials in a manner that precludes further use. (as defined in Minn. Stat. 115A.03, subd. 25c.) Subsection 25 "Solid Waste" means garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock; sewage sludge, solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents or discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended, dissolved materials in irrigation return flows; or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended. (as defined in Minn. Stat. 116.06, subd. 22.) Subsection 26 "Source-Separation" means the separation of recyclable materials from mixed municipal solid waste at the source of generation. Subsection 27 "Waste Tire" means a tire that is no longer suitable for its original intended purpose because of wear, damage or defect. (as defined by Minn. Stat. 115A.90, subd. ll.) Subsection 28 "Wood Pallets" means any portable wood platform or crating on which goods are placed for storage or transportation. 4 SECTION V SALE OF RECYCLABLES Nothing in this Ordinance shall be construed to preclude a person generating or collecting solid waste from delivering recyclable materials to a recycling facility of the generator's or collector's choice. Recyclable materials must be taken to markets for sale or to a recycling facility that has the capability of processing the materials. SECTION VI SOURCE SEPARATION PROVISIONS Thc County Board may implement any of the provisions contained in this section within the boundaries of a municipality, if said municipality fails to meet the requirements established in section II of this ordinance. A. PRE-COLLECTION AND COLI,ECTION Subsection 1 Pre-collection. All persons who are owners, lessees, and occupants of any building, commercial or residential, within Hennepin County, which generates mixed municipal solid waste, shall separate from all solid waste the designated recyclable materials before disposal, removal or collection. Paper recyclables, which shall be bundled separately and/or secured in such a manner as to prevent them from being blown or scattered, and shall be maintained in a dry condition free of any other substance and shall not be placed in plastic bags. Aluminum recyclables shall be clean of all contents and such recyclables shall not be placed in plastic bags. Glass recyclables shall be clean of all contents. Caps, lids and all metal shall be removed prior to collection and such recyclables shall not be placed in plastic bags. Can recyclables shall be clean of all contents. Can recyclables shall not be placed in plastic bags. ===================================== .:.:.5:::::::::::::: 5.~::::::::. ================================== :':':':':.:.:.:.:.:.5:::.. ========================================================== 6 All aluminum, glass and can recyclables shall be placed into containers and not mixed with other forms of solid waste or mixed municipal solid waste in a manner consistent with the rules, regulations and procedures adopted by the County Board. Subsection 2 Container Requirements. Containers shall be provided by all persons who are owners, lessees or occupants of any building, commercial or residential, and shall be: a. maintained in a clean and sanitary condition in accordance with all pertinent health statutes, ordinances, rules and regulations; b. located in such a manner so as t°prevent them from being overturned or obstructing pedestrian or motor vehicle traffic or being in violation of any statute, ordinance, rule or regulation; and c. adequate and substantial enough to contain the recyclables therein. Subsection 3 Collection. The collection, removal and disposal of recyclables shall be supervised by the County Board, which shall have the power to establish the time, method and routes of service. Special times for large item pick-up may also be established. Collection provisions shall include but not be limited to the following: a. Notice of dates and times of collection will be published or otherwise made available to persons affected herein. b. The Department may establish drop-offor collection sites where any person may deposit recyclables at such times and locations as determined. c. It shall be unlawful for any person other than employees of the Department, or authorized persons, collectors or haulers to distribute, collect, remove or dispose of recyclable materials after said materials have been placed or deposited for collection. eo Nothing in this Ordinance shall abridge the right of any person to give or sell their recyclable materials to any recycling program lawfully operated for profit, non-profit or charitable purposes. Nothing in this Ordinance shall abridge the right of any authorized recycling program to lawfully operate within Hennepin County, subject to such other licenses or other regulations as may be required by law. It shall be unlawful for a pe;son to collect, remove or dispose of mixed municipal solid waste which consists of recyclables combined with other forms of mixed municipal solid waste. 7 B. ..VIOLATION AND PENALTY Subsection 1 Misdemeanor. Any person who fails to comply with the provisions of this Ordinance may be charged with a violation not exceeding a misdemeanor and upon conviction shall be punished as provided by law. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Subsection 2 Remedies Cumulative. No remedy set forth in this Ordinance for violation of this Ordinance is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Ordinance or now or hereafter existing at law or in equity or by statute. No delay in the exercise of any remedy for any violation of this Ordinance shall later impair or waive any such right or power of the County. Subsection 3 Injunctive Relief. In the event of a violation or a threat of violation of this Ordinance, the County may institute appropriate actions or proceedings including application for injunctive relief, action to compel performance or other appropriate action to prevent, restrain, correct or abate such violations or threatened violations. Subsection 4 Costs and Special Assessments. If a Hauler or any Person within said County collects or disposes of recyclables in violation of this Ordinance, the County may take the necessary steps to correct such violations and the costs thereof may be recovered in a civil action in any court of competent jurisdiction or, at the discretion of the County Board, the costs may be certified to the County Auditor as a special tax against the real property owned by such hauler or person. be If any municipality, unincorporated area, or political subdivisiOn within the geographical boundaries of Hennepin County fails to meet the requirements established in Section II of this Ordinance, the County Board, to the extent that it has assumed the responsibilities that the local unit has failed to assume pursuant to Section II, may seek reimbursement in any court of competent jurisdiction, for all costs, expenses and expenditures which the County has incurred incident to the adoption, implementation, administration and enforcement of a source-separation ordinance within the · boundaries of a local unit. C. ENFORCEMENT Subsection 1 Warnings. The Department or any of its duly authorized representatives and collectors and haulers of recyclables may issue a warning notice to any person 8 observed not in compliance with any provision of this Ordinance. a. The warning notice shall be on such form(s) as Department. provided by the Forms shall be provided to collectors and haulers who may issue such warning notices by placing or attaching them to waste containers or on the premises where the violation occurs. c. A copy of any warning notice as issued by a collector or hauler shall be forthwith sent to the Department. Subsection 2 Collection Refusal. A collector or hauler may, upon issuance of a warning notice for noncompliance, not accept for collection the noncomplying waste materials. Subsection 3 Costs for Compliance. A collector or hauler may, upon issuance of a warning for noncompliance, undertake to render any noncomplying recyclables placed for collection to be in compliance and a reasonable fee for undertaking shall be allowed and reported to the Department. The Department may certify the fee as costs to the County Auditor as a special tax to be assessed against the real property of the person in noncompliance. Subsection 4 Citations. The Department or any of its duly authorized representatives shall have the power to issue citations for violations of this Ordinance, but this shall not permit such 'representatives to physically arrest or take into custody any violator except on warrant duly issued. Form of Citations: Citations shall contain at least the following: 1. The name and address of the person charged with the violation or the owner or person in charge of the premises at which the violation occurs. The date and place of the violation. A short description of the violation followed by the section of this Ordinance violated. The date and place at which the person receiving the citation shall appear and a notice that if such person does not respond, a warrant may be issued for such person's arrest. The name of the person issuing the citation. Such other information as the Court may specify. Co bo Issuance of Citations: Whenever any representative of the Department discovers any violation of this Ordinance, he may issue a citation to the person alleged to have committed the violation and such citation shall be in the form specified in paragraph A. of this subsection. Such citation shall be made out in quadruplicate (4). One copy thereof shall be issued to the person alleged to have committed the violation; one copy shall be filed with the Department; two copies thereof shall be filed with the County Ordinance Violation Bureau (hereinafter referred to as Bureau). Issuance: The citation shall be issued to the person charged with the violation, or in the case of a corporation or municipality, to any officer or agent, expressly or impliedly authorized to accept such issuance. Appearance: After the issuance of the citation and within such time as shall be fixed by court rule, the person charged with the violation shall report to the Violations Bureau. eo Complaint: If the person charged with the violation does not appear at the Bureau within the time specified by court rule, the Bureau shall send him a notice directing him to respond to the citation within seven days of the date of the notice and if such person fails to respond, the Bureau shall cause a complaint to be signed and a warrant to be issued for the arrest of such person to compel his appearance in court. SECTION VII SEVERABILITY It is hereby declared to be the intention of the County Board that the several provisions of this Ordinance are separable and if any court of competent jurisdiction shall adjudge any provision of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included in said judgment. SECTION VHI PROVISIONS ARE CUMULATIVE The provisions of this Ordinance are cumulative to all other laws, ordinances and regulations heretofore passed, or which may be passed hereafter, covering any subject matter in this Ordinance. 10 . day of SECTION VIV EFFECTIVE DATE This ordinance shall be effective immediately upon passage by the County Passed by the Board of County Commissioners of Hennepin County this ., 1994. COUNTY OF HENNEPIN STATE OF MINNESOTA BY: Chair of the County Board ATTEST: Clerk of the County Board APPROVED: Assistant County Attorney 11 Hennepin County An Equal Opportunity Employer June 16, 1994 Mr. Edward J. Shu~e Jr. City of Mound 5341MaywoodRoad Mound, MN 55364 Dear Mr. Shukle: The Hennepin County Board of Commissioners will consider two items in committee on June 30 which may be of interest to you. They are: 1) a revised Recycling Funding Policy for 1995-1999; and 2) an amendment to Ordinance 13, Source Separation and Recycling. The revised Recycling Funding Policy proposes that recycling grants from Hennepin County to municipalities be limited to a distribution of the annual SCORE revenue which Hennepin County receives from the State. The policy also allows municipalities which do not contract for curbside recycling services to retain up to 10% of the grant funds for administrative and promotional expenses. The proposed amendment to Ordinance 13 requires large quantity commercial waste generators to source separate high grade paper, wood pallets and corrugated cardboard for recycling. Small quantity generators are exempt from the requirement. Copies of both proposals are attached for your review. Written comments directed to the Commissioners prior to the committee meeting on June 30 would be most welcome. I would be happy to discuss any aspect of these proposals with you. f//J~a.net Leick1 Director c: Recycling Coordinators Department of Public Works 417 North Fifth Street Minneapolis, Minnesota 55401-1309 (612)348-6846 FAX: (612)348-8532 Recycled Paper Hennepin County Residential Recycling Funding Policy January 1, 1995 through December 31, 1999 Hennepin County Department of Public Works Environmental Management Division July 1994 I. POLICY DESCRIFrION .tennepin County has adopted a policy to provide grants to municipalities for curbside collection of residential recyclables. The Residential Recycling Funding Policy covers the period from January 1, 1995, to December 31, 1999, and provides for the distribution of 100 percent of SCORE funds, which the County receives from the State, to municipalities. A municipality shall receive SCORE funds proportional to the number of eligible residential housing units in its curbside collection program on January 1 of each funding year compared to the number County-wide. Eligible residential housing units are defined as single family through eight-plex residential units or other residential units with separate entry and where the individual residential unit sets out its own refuse and recycling container, such as a townhome. The funds can be used for all recycling program expenses including capital and operating costs. SCORE funds are based on revenue received by the State from a sales tax on garbage collection and disposal fees. SCORE funds are subject to change based on revenue received and allocated by the Legislature. Funds available for grants to municipalities will be based on SCORE funds received by the County in the State's fiscal year which corresponds to that calendar year (i.e., fiscal year 1995, July 1, 1994, to June 30, 1995, corresponds to the 1995 calendar year). Be Il. RESPONSIBILITIES OF MUNICIPALITIES Application for Funding 1. Application for a grant must be received by October 1 to receive funding for the following year. The application must be accompanied by a city council resolution authorizing submittal of the application. 2. Each municipality applying for grant funds must sign an agreement to receive payments. Minimum Program Requirements 1. ..Recycling Performanc~ Municipalities must recycle 18 percent of theft residential waste stream. Hennepin County will determine the residential generation upon which this percentage is calculated, unless a municipality is able to measure its residential generation amount. Failure to achieve this percentage goal will result in the requirement that a plan to increase abatement be submitted for Hennepin County approval within 90 days of the submittal of the municipal year-end report. Materials to be Collected At a a. b. C. d. e. f. minimum, the following materials must be collected at curbside: Newspaper and advertising supplements; Corrugated cardboard; Clear, brown, and green glass food and beverage containers; Metal food and beverage cans; All plastic bottles with a neck except bottles that previously contained ba?axdous materials or motor oil; and Magazines and catalogs. 3. Participation Rate~ The city must measure the set-out participation rate of its residents in curbside recycling programs in the month of October. A method for measuring participation at least as reliable as a click count or tallying method must be used. Methodology for measuring participation must be approved by the County prior to execution of a grant agreement. 4. Reporting Requirements A Semi-Annual and a Final Report must be submitted to the County by July 31 of the grant year and February 15 of the following year, respectively, on forms provided by the County. a. All grant funds accepted from the County must be used for waste reduction and recycling capital and operating expenses in the year granted; cities will not be reimbursed any funds in excess of actual expenses. b. A municipality or township may not charge its residents through property tax, utility fees or any other method for that portion of the costs of its recycling program funded by County grant funds. c. The municipality or township must establish a separate accounting mechanism such as a project number, activity number, cost center, or fund that will separate recycling revenues and expenditures from all other municipal activities including solid waste and yard waste activities. d. All recycling and waste reduction activities, revenues, and expenditures are subject to audit. e. Municipalities that do not contract for curbside recycling services will receive grant funds provided that at least 90% of the grant funds are credited back to residents and the city meets all minimum program requirements. The additional 10% may be used for municipal administrative and promotional expenses. Ae Bw IlL RESPONSIBILITIF~ OF HENNEPIN COUNTY Grant payments will be made to a municipality or township. In 1995, the first grant payment, amounting to one half of the grant application amount, will be made following the County Board approval of the grant application and execution of the grant agreement. The second payment will be made upon receipt of the Semi-Annual Report. In subsequent years, the first grant payment will be made upon submittal of the Final Report for the preceding year in addition to County Board approval of the application and execution of the grant agreement. Hennepin County will continue this funding policy through December 31, 1999, or as long as SCORE funds are available to fund this program. 2 ORDINANCE NUMBER 13 SOURCE SEPARATION AND RECYCLING FOR HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS ENVIRONMENTAL MANAGEMENT DIVISION ADOPTED BY THE HENNEPIN COUNTY BOARD OF COMMISSIONERS OF HENNEPIN COUNTY, MINNF, SOTA ON OCTOBER 24, 1986 IN ACCORDANCE WITH MINNESOTA STATUTES, CHAPTERS 115A.551 AND 473.801 ORDINANCE NUMBER 13 SOURCE SEPARATION AND RECYCLING FOR HENNEPIN COUNTY An ordinance regulating the separation of materials which must be separately managed from mixed municipal solid waste by generators, before collection of such materials within Hennepin County; establishing source-separation procedures and principles to be followed by the various subdivisions located in Hennepin County in order to meet recycling goals and in order to promote the health, welfare and safety of the public pursuant to Minn. Stat. §§ 115A.551 et seq. and 473.801 et seq. The County Board of Hennepin County, Minnesota, does ordain: SECTION I DEFINITIONS The following words and phrases, when used in this ordinance, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section. Subsection 1 'Aluminum Recyclables' means all disposable containers fabricated primarily of aluminum and commonly used for soda, beer or other beverages. Subsection 2 "Can Recyclables" means all disposable containers fabricated primarily out of metal or tin. Subsection 3 "Cities" means statutory and home rule charter cities and towns authorized to plan under sections 462.351 to 462.364. Subsection 4 "Collection" means the removal of recyclables from the place at which they are generated and includes all activities up to the time the waste is delivered to a waste facility. Subsection 5 'Collector(s)" means any person(s) who owns, operates or leases vehicles for the purposes of collection and transportation of any type of mixed municipal solid waste, and/or recyclables. Subsection 6 "Commercial Waste' means waste generated by stores, offices, businesses, restaurants, warehouses, and other non-manufacturing activities, and non-process wastes such as office and packing wastes generated at industrial facilities. Subsection 7 'Corrugated Cardboard~ means any clean, uncoated, sorted, stiff, moderately-thick paperboard with internal alternating ridges and grooves commonly used to ship merchandise to stores, offices, businesses, restaurants, warehouses and other non-manufacturing activities. Subsection 8 "County Board" means the Hennepin County Board of Commissioners and their authorized representatives. Subsection 9 "Department" means the Hennepin County Department of Public Works, Division of Environmental Management. Subsection 10 "Generation" means the act or process of producing waste. (as defined in Minn. Stat. 115A.03, subd. 11.) Subsection 11 "Generator" means any person who generates waste. (as defined in Minn. Stat. 115A.03, subd. 12.) Subsection 12 "Glass Recyclables" means jars, bottles and containers, which are transparent or translucent and primarily used for packaging and bottling of various matter. Subsection 13 "Hauler" is a person engaged in the business of collecting, transporting, or disposing of recyclable materials, or a self-hauler who disposes of recyclable materials in excess of five (5) tons per month. Subsection 14 "High Grade Paper" means clean, dry, uncoated, groundwood free, sorted, primarily white ledgers, envelopes, computer and copy paper from offices. Subsection 15 Chapter 473. "Metropolitan Council" means the council established in Minn. Stat. Subsection 16 "Mixed Municipal Solid Waste" means garbage, refuse, and other solid waste from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection, but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid batteries, used oil, and other materials, collected, processed, and disposed of as separate waste streams. (as defined in Minn. Stat. 115A.03, subd. 21.) Subsection 17 "Municipality" means any incorporated city within the boundaries of Hennepin County, Minnesota. Subsection 18 "Paper Recyclables" means paper of the type commonly referred to as newsprint. Expressly excluded, however, are all magazines or similar periodicals. Subsection 19 "Person" means any human being, any municipality or other governmental or political subdivision or other public agency, any public or private corporation, any partnership, firm, association or other organization, any receiver, trustee, assignee, agent or other legal representative of any of the foregoing, or any other legal entity, but does not include the pollution control agency. (as defined in Minn. Stat. 116.06, subd. 17.) Subsection 20 "Political Subdivision" means any municipal corporation, governmental subdivision of the state, local government unit, special district, or local or regional board, commission or authority authorized by law to plan or provide for waste management. (as defined in Minn. Stat. 115A.03, subd. 24.) Subsection 21 "Recyclable Materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling including paper, glass, plastics, metals, automobile oil and batteries. Refuse-derived fuel or other material that is destroyed by incineration is not a recyclable material. (as defined in Minn. Stat. 115A.03, subd. 25a.) Subsection 22 "Recycling" means, in addition to the meaning given in Minn. Stat. § 115A.03, subd. 25b, yard waste, composting and recycling that occurs through mechanical or hand separation of materials that are then delivered for reuse in their original form or for use in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. Subsection 23 "Recycling Container" means any receptacle that is used to collect recyclable materials and meets the specifications adopted by the County Board. Subsection 24 "Recycling Facility" means a facility at which materials are prepared for reuse in their original form or for use in manufacturing processes that do not cause the destruction of the materials in a manner that precludes further use. (as defined in Minn. Stat. 115A.03, subd. 25c.) Subsection 25 "Solid Waste" means garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock; sewage sludge, solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents or discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended, dissolved materials in irrigation return flows; or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended. (as defined in Minn. Stat. 116.06, subd. 22.) Subsection 26 "Source-Separation" means the separation of recyclable materials from mixed municipal solid waste at the source of generation. Subsection 27 "Waste Tire" means a tire that is no longer suitable for its original intended purpose because of wear, damage or defect. (as defined by Minn. Stat. 115A.90, subd. Subsection 28 "Wood Pallets" means any portable wood platform or crating on which goods are placed for storage or transportation. 4 SECTION H GENERAL PROVISIONS Subsection 1 It shall be the responsibility of each municipality to adopt an ordinance or ordinances relating to the separation of recyclables within the boundaries of the municipality, the purpose of said ordinance being to reduce the amount of solid waste generated within the ......................... iii ....................... i!i:::::::::iii! ................... '::::i~i fi j ....... C,G.~ 0.?,h2..,~Ig.ca ~,y Subsection 2 The implementation and enforcement of said ordinance shall be the responsibility of each respective municipality. If a municipality should fail to implement a ~..!?Y January 1, 1988, or implement a program which fails to'meet the ............................................................................................ i ............... ~:..-::::::::::::ii ............... - ......................... ~ ......................... il ....................... '::~ ........................ .... the p isions appearing in Section V of this Ordinance shall come into effect. This Ordinance shall not prohibit a municipality or municipalities from entering into agreements relating to any facet of source separation of recyclables. SECTION HI REPORTING REQUIREMENTS Subsection 1 Each municipality shall report all information relating to waste generation, collection and disposal within its boundaries to the Hennepin County Department of Public Works, Division of Environmental Management. Such information shall include but not be limited to: data on tonnage generated in the municipality; data on recyclable materials generated and collected within the municipality; and such additional information as is requested by the Department. Such information shall be provided on an annual basis by or on March 1 st of each year, or as otherwise directed by the Department. SECTION IV MUNICIPAL FAILURE TO MEET STANDARDS ESTABLISHED IN SECTION H If any municipality fails to establish or implement an ordinance as provided in Section II, the County Board may implement a recycling program which includes source separation provisions within the boundaries of said municipality pursuant to Minn. Stat. § 115A.92, subd. 5. If such a program is implemented, it shall be enforced upon all persons residing in said municipality. This ordinance shall be applicable to all municipalities, unincorporated areas and political subdivisions within the geographical boundaries of Hennepin County, Minnesota. SECTION V SALE OF RECYCLABLES Nothing in this Ordinance shall be construed to preclude a person generating or collecting solid waste from delivering recyclable materials to a recycling facility of the generator's or collector's choice. Recyclable materials must be taken to markets for sale or to a recycling facility that has the capability of processing the materials. SECTION VI SOURCE SEPARATION PROVISIONS The County Board may implement any of the provisions contained in this section within the boundaries of a municipality, if said municipality fails to meet the requirements established in section II of this ordinance. A. PRE-COLLECTION AND COLLECTION Subsection 1 Pre-collection. Ail persons who are owners, lessees, and occupants of any building, commercial or residential, within Hennepin County, which generates mixed municipal solid waste, shall separate from all solid waste the designated recyclable materials before disposal, removal or collection. Paper recyclables, which shall be bundled separately and/or secured in such a manner as to prevent them from being blown or scattered, and shall be maintained in a dry condition free of any other substance and shall not be placed in plastic bags. Aluminum recyclables shall be clean of all contents and such recyclables shall not be placed in plastic bags. Glass recyclables shall be clean of all contents. Caps, lids and all metal shall be removed prior to collection and such recyclables shall not be placed in plastic bags. Can recyclables shall be clean of all contents. Can recyclables shall not be placed in plastic bags. 3.. ::::::5::::: 6 All aluminum, glass and can recyclables shall be placed into containers and not mixed with other forms of solid waste or mixed municipal solid waste in a manner consistent with the rules, regulations and procedures adopted by the County Board. Subsection 2 Container Requirements. containers shall be provided by all persons who are owners, lessees or occupants of any building, commercial or residential, and shall be: maintained in a clean and sanitary condition in accordance with all pertinent health statutes, ordinances, rules and regulations; bo located in such a manner so as to prevent them from being overturned or obstructing pedestrian or motor vehicle traffic or being in violation of any statute, ordinance, rule or regulation; and c. adequate and substantial enough to contain the recyclables therein. Subsection 3 Collection. The collection, removal and disposal of recyclables shall be supervised by the County Board, which shall have the power to establish the time, method and routes of service. Special times for large item pick-up may also be established. Collection provisions shall include but not be limited to the following: Notice of dates and times of collection will be published or otherwise made available to persons affected herein. The Department may establish drop-off or collection sites where any person may deposit recyclables at such times and locations as determined. It shall be unlawful for any person other than employees of the Department, or authorized persons, collectors or haulers to distribute, collect, remove or dispose of recyclable materials after said materials have been placed or deposited for collection. Nothing in this Ordinance shall abridge the right of any person to give or sell their recyclable materials to any recycling program lawfully operated for profit, non-profit or charitable purposes. Nothing in this Ordinance shall abridge the right of any authorized recycling program to lawfully operate within Hennepin County, subject to such other licenses or other regulations as may be required by law. .. It shall be unlawful for a person to collect, remove or dispose of mixed municipal solid waste which consists of recyclables combined with other forms of mixed municipal solid waste. 7 B. VIQLATIQN AND PENALTy Subsection I Misdemeanor. Any person who fails to comply with the provisions of this Ordinance may be charged with a violation not exceeding a misdemeanor and upon conviction shall be punished as provided by law. A separate offense shall be'deemed committed upon each day during or on which a violation occurs or continues. Subsection 2 Remedies Cumulative. No remedy set forth in this Ordinance for violation of this Ordinance is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Ordinance or now or hereafter existing at law or in equity or by statute. No delay in the exercise of any remedy for a0y violation of this Ordinance shall later impair or waive any such right or power of the County. Subsection 3 Injunctive Relief. In the event of a violation or a threat of violation of this Ordinance, the County may institute appropriate actions or proceedings including application for injunctive relief, action to compel performance or other appropriate action to prevent, restrain, correct or abate such violations or threatened violations. Subsection 4 Costs and Special Assessments. ao If a Hauler or any Person within said County collects or disposes of recyclables in violation of this Ordinance, the County may take the necessary steps to correct such violations and the costs thereof may be recovered in a civil action in any court of competent jurisdiction or, at the discretion of the County Board, the costs may be certified to the County Auditor as a special tax against the real property owned by such hauler or person. If any municipality, unincorporated area, or political subdivisiOn within the geographical boundaries of Hennepin County fails to meet the requirements established in Section II of this Ordinance, the County Board, to the extent that it has assumed the responsibilities that the local unit has failed to assume pursuant to Section II, may seek reimbursement in any court of competent jurisdiction, for all costs, expenses and expenditures which the County has incurred incident to the adoption, implementation, administration and enforcement of a source-separation ordinance within the · boundaries of a local unit. C. ENFORCEMENT Subsection 1 Warnings. The Department or any of its duly authorized representatives and collectors and haulers of recyclables may issue a warning notice to any person observed not in compliance with any provision of this Ordinance. ao The warning notice shall be on such form(s) as provided by the Department. Forms shall be provided to collectors and haulers who may issue such warning notices by placing or attaching them to waste containers or on the premises where the violation occurs. A copy of any warning notice as issued by a collector or hauler shall be forthwith sent to the Department. Subsection 2 Collection Refusal. A collector or hauler may, upon issuance of a warning notice for noncompliance, not accept for collection the noncomplying waste materials. Subsection 3 Costs for Compliance. A collector or hauler may, upon issuance of a warning for noncompliance, undertake to render any noncomplying recyclables placed for collection to be in compliance and a reasonable fee for undertaking shall be allowed and reported to the Department. The Department may certify the fee as costs to the County Auditor as a special tax to be assessed against the real property of the person in noncompliance. Subsection 4 Citations. The Department or any of its duly authorized representatives shall have the power to issue citations for violations of this Ordinance, but this shall not permit such representatives to physically arrest or take into custody any violator except on warrant duly issued. a. Form of Citations: Citations shall contain at least the following: The name and address of the person charged with the violation or the owner or person in charge of the premises at which the violation occurs. 2. The date and place of the violation. A short description of the violation followed by the section of this Ordinance violated. The date and place at which the person receiving the citation shall appear and a notice that if such person does not respond, a warrant may be issued for such person's arrest. 5. The name of the person issuing the citation. 6. Such other information as the Court may specify. a · n I ~n, ,it I ii Issuance of Citations: Whenever any representative of the Department discovers any violation of this Ordinance, he may issue a citation to the person alleged to have committed the violation and such citation shall be in the form specified in paragraph A. of this subsection. Such citation shall be made out in quadruplicate (4). One copy thereof shall be issued to the person alleged to have committed the violation; one copy shall be filed with the Department; two copies thereof shall be filed with the County Ordinance Violation Bureau (hereinafter referred to as Bureau). Issuance: The citation shall be issued to the person charged with the violation, or in the case of a corporation or municipality, to any officer or agent, expressly or impliedly authorized to accept such issuance. Appearance: After the issuance of the citation and within such time as shall be fixed by court rule, the person charged with the violation shall report to the Violations Bureau. eo Complaint: If the person charged with the violation does not appear at the Bureau within the time specified by court rule, the Bureau shall send him a notice directing him to respond to the citation within seven days of the date of the notice and if such person fails to respond, the Bureau shall cause a complaint to be signed and a warrant to be issued for the arrest of such person to compel his appearance in court. SECTION VH SEVERABILITY It is hereby declared to be the intention of the County Board that the several provisions of this Ordinance are separable and if any court of competent jurisdiction shall adjudge any provision of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included in said judgment. SECTION VIH PROVISIONS ARE CUMULATIVE The provisions of this Ordinance are cumulative to all other laws, ordinances and regulations heretofore passed, or which may be passed hereafter, covering any subject matter in this Ordinance. 10 -, ,,t i ,I,, day of SECTION VIV EFFECTIVE DATE This ordinance shall be effective immediately upon passage by the County Passed by the Board of County Commissioners of Hennepin County this ,1994. COUNTY OF HENNEPIN STATE OF MINNESOTA BY: Chair of the County Board ATTEST: Clerk of the County Board APPROVED: Assistant County Attorney 11