The URL can be used to link to this page

020888 CC Reg AgP CITY OF <7SBOR.~WOOD REGULAR COUNCIL MEETING MONDAY, FEBRUARY 8, 1988 .1(\. MINNEWASHTA SCHOOL 26350 SMITHTOWN ROAD 7:30 P.M.-WEST ENTRANCE AGENDA CALL TO ORDER B. Roll Call \ fJ:J 1) 1: Haugen Stover Gagne Brancel Mayor Rascop f). ,;;i u~y v-'" t/ A. Pledge of Allegiance 1. APPROVAL OF IlINOTBS A. Special Study Session - January 16, 1988 (Att.No.1A-Minutes) B. Regular Council Meeting - January 25, 1988 (Att.No.1B-Minutes) 2. MATTERS FROM THE FLOOR A. B. 3. PLANNING COMMISSION REPORTS A. B. 4. PARK COMMISSION REPORTS A. B. 5. CONSENT AGENDA A. S.E. Area Water Tower - Payment Voucher No. 1 Project 86-lD - CBI Na-Con, Inc. (Att.No.5A-Payment Voucher) B. City Hall Expansion Project - Payment Voucher No. 2 Zastrow-Nassett Construction, Inc. (Att.No.5B-Payment Voucher) C. City Hall Expansion - Change Order #2 (As discussed at January 25, 1988 Council Meeting) (Att.No.5C-Change Order) -1- I ,.. AGENDA ... ... MONDAY" F EBROARY a, 19 a a PAGE TWO '\ 5. CONSENT AGENDA - CONTINUED D. Appointment of Planning Commission Chair and Vice Chair Chairperson - Vern Watten Vice Chair - Jim Schultz 6. CONDITIONAL ~ (Add .~ U~B PBRKI~ to RESOLUTION NO.l-aa) Moved Second Vote Applicant: Ray Ahern Location: 5540 Shore Road (Att.No.6-Staff Report ,,& Letter) 7. SIMPLE SUBDIVISION ' Applicant: Stanley Proden Location: 4605 Linwood Road (Att.No.7-Staff Report) a. PREAPPLICATION FOR AMENDMENT TO THE COMPREHENSIVE PLAN - INFORMAL DISCUSSION Applicant: Strickland Venture III (Nancy Strickland) Location: 5915 Strawberry Lane (Att.No.a-Staff Report) 9. WEIGHT RESTRICTION DISCUSSION - ROTTLUND CONSTRUCTION, INC. a I+- U~ 01:~, 10. ATTORNEYS Rit?6RT ' A. Discuss Collection of Delinquent Water Bills (Att.No.lOA-Attorney Memo) B. Ordinance Amendment to Use of Public Right-of-Way Ordinance (Att.No.lOB-Amendment) 11. ENGINEERS REPORT A. S.E. Area Water System Update B. -2- AGENDA · MONDAY, FEBRUARY 8, 1988 · PAGE THREE 12. PLANNERS REPORT A. Arvidson Dock Status B. Village Pump Status C. Tom Thumb Status " ~ D. Rezoning Request - Builders Development & Finance, Inc. 13. ADMINISTRATIVE REPORT A. Status of House Sale B. 14. MAYORS REPORT .- A. B. 15. COUNCIL REPORT A. B. 16. APPROVAL OF CLAIM~ AND ADJOURNMENT -3- (Att.NO.12D-Letter from B D & F) ---......... .. CITY OF SHOREWOODe JOINT STUDY SESSI SATURDAY, JANUARY 16, 1988 .MERICAN LEGION ~4450 SMITHTOWN ROAD 8:00 A.M. - BLUE ROOM SUMMARY OF DISCUSSION The Joint Council & January 16, 1988 at American Legion, 24450 in attendance were: Council: Mayor Rascop, Councilmembers Gagne, Stover and Haugen. Planning Commissioners: Schultz, Spellman & Watten. Park Commissioners: Weatherly, Andrus, Lindstrom & Vogel. Staff: Vogt, Nielsen, Kennelly, Zdrazil & Niccum. Commissions Study Session was held Saturday, 8:00 A.M. in the Blue Room, at the Shorewood Smithtown Road, Shorewood, Minnesota. Those Mayor Rascop opened the session by asking each of the groups to list their area of concerns for discussion. The following list of terms was offered for discussion. 1. lack of city water 2. high taxes 3. tax base (lack of commercial development) 4. financial planning 5. long-range planning 6. communication 7. identity (community-lack-of) 8. sewer rates 9. sewer/water services 10. public works facility 11. day to day operations 12. coordination of contracted services 13. long-range planning/consistency of direction 14. establish professional altitude Each person then ranked the items as to its importance. The group then broke into three smaller groups and discussed the catagories which were ranked as most important. '') A. High Taxes: Groups discussed the current high taxes and what portion of the tax bill actually goes to operate the City. They encouraged the promotion of good commercial uses in the existing commerci~l zones and the development of residential properties other than single family. This type of development would increase the tax base. B. Financial Planning: The financial planning issue boiled down to the need to project the needs for the City and set priorities in order to set a financial plan. c. Public Works Needs: They discussed the expanded area, or a equipment replacement. future . needs of new location, the department including an new structures, and on going -1- /f} " JOINT STUDY SESSI,MINUTES SATURDAY, JANUARY , 1988 PAGE TWO . D. Park Improvements: The questions of the need for additional land acquisionfor parks and the method to pay for the land was reviewed. A Capital Improvements Plan will be updated by the staff and commissions prior to the next budgeting period. They discussed the possibilities of a referendum in order to complete all the parks at one time. E. Contractual Services: A list of all services contracted and the approximate cost of these services were reviewed. The merits of contractual cost and services versus -in house- costs were reviewed. Many of the services were determined to be best contracted in order to obtain a good quality of services for the cost. The cities exchanging services with other cities was also explained. Council felt the sealcoating survey should be done in early spring by the staff for recommendation to the Council for the yearly seal coating project. F. Communications: Additional information should be incorporated into the newsletter. Surveys, park issues and department articles should be headlined. City information folders could be developed for new residents, encouraging developers and city identity. Additional signage should be installed to denote city limits. The meeting was adjourned at 2:00 P.M., with discussion of the need to hold these joint meetings yearly or more than once a year. The Mayor thanked the praticipants for their contibutions. Respectfully, Sandra Kennelly City Clerk -2- ,. CITY OF SHOREWOODe REGULAR COUNCIL M ING MONDAY, JANUARY 25, 1988 .OUNCIL CHAMBERS 755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER The Regular Counc11 Meeting of the Shorewood City Council was called to order at 7:30 P.M., Monday, January 25, 1988, in the Council Chambers by Mayor Rascop. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the Regular Council meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Brance1, Haugen (Arrived at 7:35), Stover and Gagne. Staff . . Attorney Planner Beck. Froberg, Nielsen, Engineer Norton, Administrator Vogt, Clerk Kennelly and Finance Director APPROVAL OF MINUTES Brancel moved, seconded by Stover, to approve the minutes of January 11, 1988, as written. Motion carried - 4 ayes. PLANNING COMMISSION REPORT Stover stated that no meeting has been held since the last Council meeting. PARK COMMISSION REPORT Commissioner Jim Andrus stated that the last meeting was canceled due to bad weather. CONSENT AGENDA Health Officer Appointment (Add to RESOLUTION NO. 1-88) Dr. Elizabeth B. Jerome, M.D. is recommended for appointment as Health Officer for 1988. Lake Minnetonka Cable Commission (Add to RESOLUTION NO. 1-88) Dean Johnson is recommended to be appointed as representative to the Lake Minnetonka Cable Communications Commission. Award PiCk-up Purchase - Boyer Ford Quotations were requested for the purchase of a four wheel drive pick-up, as budgeted for in 1988. Staff recommends acceptance of the lowest quote of $14,400.00 to Boyer Ford. -1- I~ MINUTES MONDAY, JANUARY 25~988 PAGE TWO . CONSENT AGENDA - CONTINUED Authorize Advertisement for Bids - Used Grader RESOLUTION 7-88 Staff requested a Resolution author~zing advertisement for bids for a used motor grader. Bids to be received and opened at 11:00 A.M. - Friday, February 12, 1988. Board of Review The Board of Review will be held on Thursday, May 5, 1988 at 7:30 P.M. Garbage Collectors License (Add to RESOLUTION NO.3-88 An application for a Garbage Collector's License has been received from Haugen's Haulers Sanitation. Correction of Plannin9 Budget Amendment A memo to correct a budget amendment was received from the Planning Department. Nielsen has requested to use the balance of unexpended funds in his furniture budget of 1987 to be expanded as part of the 1988 budget, in the amount of $538.72. Gagne moved, seconded by Brancel, to approve the items on the Consent Agenda as requested. Motion carried and Resolutions adopted by Roll Call Vote - 4 ayes. (Haugen arrived at 7:35 P.M.) MWCC PRESENTATION AND DISCUSSION The Council requested the presence of a representative of the MWCC at the Council Meeting to answer questions regarding the high rate charged to Shorewood by the MWCC. Ray Odde and Don Bloom were present to answer questions of the Council. They submitted a packet of information including; MWCC Cost per resident Gallonage of flows Yearly flows Maintenance activity Cost allocation Summary 5 year rate projection Summary of flow metetS Statements of yearly charges AMSA Survey (Charges in areas. of the United States) Mr. Odde referred to the various areas served by the MWCC. There is a 5 year program beginning th~s year to average out the cost to be the same as other cities served by the MWCC. This will not reduce the current rate, it should stay about the same. He reviewed the method of estimating calculations to determine the charges for the upcoming year. Th~s is compared to the meter flow at the end of the year and the cities are charged for the difference, or credited on the next years bill. -2- MINUTES . MONDAY, JANUARY 1988 PAGE TBREE . MWCC PRESENTATION AND DISCUSSION - CONTINUED The City will begin to televise their sewer lines th~s year. Gagne asked if leaks were found in the MWCC interceptor lines, would they repair them? Mr. Odde stated that MWCC would make the necessary repair. A new l~ne from the Lake Virginia Lift Station will divert a great deal of flow into Chanhassen rather than through Shorewood. Gagne asked if the City was totally watered, would we have a more accurate basis to argue the rate we are charging? Odde felt this would give a more accurate difference between actual use and I & I. Be feels there are a great number of connections with floor drains pumping ground water into the system. Odde felt that if foundation drains were disconnected, manhole covers sealed and major cracks repaired this could reduce flows substantially. Council reviewed maintenance records and methods to determine ground drainage. The various methods of sleeving to reduce infiltration were discussed. MWCC has televised their line from the Lake Virginia Lift Station to Excelsior, but Mr. Odde has not seen the video. / It was stated that 64% of Shorewood's sewer budget goes directly to MWCC. Local Representative to the MWCC. Board JoEllen Burr was present. Rascop asked if she has seen the report from the State Auditor's office stating the average cost of sewer charges in the State equals one quarter of Shorewoods cost. She has not seen the report but stated thatE.P.A. & C.P.A. requirements are much higher in the Metro areas. Gagne suggested that the. Auditors report be reviewed by the MWCC and its Board and requested response on the report. Rascop thanked Mr. Odde, Mr. Bloom and Ms. Burr for their attendance at the Council meeting. Ms. Burr stated sump pump charge owner can prove years and if an charged for the 2 that the City of Edina charges a $25.00 a quarter as a way to reduce I & I. It will be removed if the that they don't have a pump. It is reinspected in 2 installed seal is broken, the property owner is back years. DENIAL OF BEVERLY DRIVE/CAJED LANE DEAD-END PROJECT Engineer Norton submitted the traffic study for Beverly Drive and Cajed Lane. Chief Young has reviewed the study and supports the studies recommendation which indicates that there is not sufficient traffic to warrant the need to dead-end these streets. Gagne moved, seconded by Beverly Drive and Cajed Lane. Haugen, to deny the dead-end petition for Motion carried - 5 ayes. A resident asked about the long range plan to control traffic in this area. Norton stated that police patrolling will be increased as per the staff recommendation and a traffIc plan has been done in that area that designates Cathcart Drive and Strawberry Lane as State Aid streets. This means that these streets may be improved in the future using State Aid funds at such time as the City becomes eligible. -3- MINUTES . MONDAY, JANUARY 2 988 PAGE FOUR . SKIPPERETTE BUILDING PERMIT Jim Pyle was present to request a Commercial buildlng permit to alter his existing building. Nielsen stated that the permit should be issued to include compliance with the sign Ordinance. Mr. Pyle has agreed to submit a signage plan with his permit. Stover moved, seconded by Gagne, to approve the permit subject to compliance with the sign ordinance and implementation of that plan. Motion carried - 5 ayes. ATTORNEYS REPORT Dock Permit Status - Arvidson Mike Arvidson was present in response to a 1/19/88 letter from Attorney Froberg requesting the removal of a newly placed dock along Timber Lane. Arvidson is requesting an extension of time to obtain a survey of this property to determine ownership. The County has indicated to him that he is paying taxes on this property where he built a retaining wall for erosion and which is now being used as a dock area. Rascop asked if permits have been obtained from the DNR or the Arvidson stated that he didn't feel they were needed for erosion control. The Council agreed to delay further action until the surve ha~e~ ~W Speed Limits for Snowmobiles on Authorized Trails RESOLUTION NO. 9-88 The Snowmobile Ordinance requires authorized snowmobile trails be set time. that by speed limits on the Resolution from time to Haugen moved, seconded by ~Gagne, to set the speed limit at 20 MPH on the authorized trails. Resolution was adopted by Roll Call Vote - 5 ayes. Stover suggested that the Park Commission look at the safety factors of the use of these trails by mortorized vehicles. Meter Use for Nonresidential Sewer Charges RESOLUTION NO. 8-88 Attorney Council requires in order Froberg submitted a draft Resolution as directed by the at the meeting of January 11, 1988. This Resolution the meter~ng of nonresidential vroperties for water usage to determine their sewer usage and service charges. Gagne moved, seconded by Brancel, to adopt the Resolution as subrnltted. Motion carried by Roll Call Vote - 5 ayes. Administrator Vogt will subrnlt copies of the Resolution to the affected property owners. Litigation Discussion These matters will be discussed in an executive session at the end of this meeting. -4- MINUTES MONDAY, JANUARY 2.1988 PAGE FIVE . ENGINEERS REPORT SeE. Area;Water SUpply-Chanqe Over Discussion Engineer Norton reviewed the a1r pressure problems that residents have been experiencing with the water supply change over from Minnetonka to the Shorewood hydropneumatic system. The pump was designed for a gravity system, not hydropneumatic. The air is not being captured in the tank at this time, so it travels up the water pipes with the water. The residents have had many questions regarding the water quality and system operations. Council directed the Engineer to draft a letter of explanation to be submitted to the affected residents. PLANNERS REPORT Tonka Bay Water Tower Site Status Mr. John Cross of Shorewood has questioned the site of Tonka Bay's proposed water tower. This site is adjacent to Mr. Cross' property and he felt that he should have been notified of this installation. The Administrator from Tonka Bay stated that a public hearing will be held and notices will be sent to the affected property owners. Staff was directed to inform Mr. Cross of this fact. City Ball Expansion Status A meeting is held each Friday with staff, builder and architect. The completion is 7 days ahead of schedule at this time. A number of items were discussed as future change orders. Nielsen reviewed each of the proposed change orders~ Gagne was opposed to the installation of carpeting in the reception area and directed that a contrasting tile be install'ed if matching tile could not be found. Nielsen felt the change order would total approximately $3,300.00. A complete list of change orders will be prepared and submitted for Council action at the next meeting. ADMINISTRATIVE REPORTS Bouse Sale. Discussion The previous sale of the house has been dropped due to the buyer's loss of job. Real estate agents Mark McCurdy and Mark Bartikowski were present to submit a new offer. A buyer has offered $105,000 purchase price with $2,000 earnest money. The total down payment will be $10,000 with a closing date of April 18, 1988 and asks the City to hold a 5 year contract for deed at 10% interest. Council discussed the offer and submltted a countel-offer. Haugen moved, seconded by Brancel, to deny the offer as submitted. Motion carried. -5- MINUTES MONDAY, JANUARY 2.988 PAGE SIX . ADMINISTRATIVE REPORTS'- CONTINUED House Sale Discussion - Continued The Council discussed var1ations of the offer. Stover moved, seconded by Gagne, to make a counter offer as follows: $5,000 earest money, at a total price of $110,000 with a 5 year contract for deed at 10% interest to be held by the City. Motion carried- 3 ayes - 2 nays (Haugen & Brancel). Status Report - Glen Road/Coun.ty Road 119 Drainage Pro;ect A project cost and scope of service will be put together by the Watershed Distr1ct Engineer. Staff will be meeting with Jim Mahady of the Watershed District when the proposal is complete. They have met with Tonka Bay and they have agreed to pay 10% of the Engineering study costs estimated between $2,000 and $3,000. Liauor Store I Robbery Cash was stolen from the safe at Liquor Store I. The police are working on the case. The City's insurance company will cover the cost over the $250.00 deductable if not recovered. Meeting Attendance Vogt attended an AMM meeting last Thursday and will be attending another meeting on Tuesday. The Assistant Commissioner of Revenue will talk on new tax proposals for property taxes. The restructuring seems to be aimedat.equalizing the tax rates on all residential property. Haugen feels many of the proposed plans are an effort of Minneapolis to reduce Commercial property taxes. Rascop directed Vogt to watch the. proposals closely to make sure that reductions don't require limitations as to how the city sets its levy to raise its tax funds. MAYORS REPORT Police Coordinating Meeting A new union contract for 2 years has been agreed upon at a 3 1/2% pay raise for each year with a cap on the employer share of the insurance rate. A new drug program is being established with 5 other cities. The program is being funded by a $75,000 Federal Grant for 1 year. Officer Talbot will be heading this program and has agreed to return to his current position at the end of the 1 year program. -6- MINUTES MONDAY, JANUARY ,A1988 PAGE SEVEN .... . MAYORS REPORT - CONTINUED LMCD The LMCD will be reducing their meetings by one less a month. A planning session was held last month. They have received six applications to do their Comprehensive Lake Use Plan. Estimated cost to complete this plan is $250,000.00. No agreement has the boundaries for agreement can be negotiations. been made with the City of Minnetrista regarding the proposed Hennepin City Park there. If no reached the Met Council may take over COUNCIL REPORTS Recvcling Stover spoke to Mike Fonte, formerly of the Finance Committee. He has volunteered to replace Pat Gorecki on the recycling .orgarbage collection committee if needed. Elected Officials Seminar Haugen informed the Council of the Elected Officials Seminar to be held February 5th. Rascop will attend the day sessions and Haugen will attend the evening portion. LITIGATION DISCUSSION - EXECUTIVE SESSION The Council met discuss strategy Bach/Menke versus versus the City. Haugen moved, seconded by Rascop, to have the City represented by one law firm together with the other cities within the joint powers of the South Lake Minnetonka Public Safety Department regarding the Bach/Menke lawsuit. Motion carried - 5 ayes. in an Executive Session to review the status and regarding two lawsuits against the City. The the City of Shorewood, et aI, and Loverien, et aI, APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Meeting of Monday, January approval of claims for payment. Gagne, to adjourn the Regular Council 25, 1988 at 10:30 P.M., subject to Motion carried - 5 ayes. General and Liquor Funds - Acct. No. 00-00l66~02 General $264,315,04 Total S 23,251. 55 $287,566.59 Liquor $24,651.88 S 5,690.69 $30,342.57 Checks #052267-052346, 052477-052489 Payroll Checklist: Checks #201807-201879 RESPECTFULLY SUBMITTED, Robert Rascop, Mayor Sandra L. Kennelly, City Clerk -7- , CITY OF SHOREt.JOOD PLANNING COMMISSION MEETING TUESDAY. 2 FEBRUARY 1988 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER Chair Watten called the meeting to order at 7:41 P.M. ROLL CALL Present: Chair Watten; Commissioners Robertson. Benson. Schultz and Spellman; Council Liaison Stover; Planner Nielsen; Planning Assist. Helgesen. Absent: Commissioners Mason and Leslie (both excused). APPROV AI.. OF MINUTES Robertson moved. seconded by Schultz to approve the minutes of 5 January 1988 as written. Motion carried unanimously. 7 :30 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT Roy Ahern - 5540 Shore Road Planner Nielsen reviewed his staff report which included reports and material from the same request in 1985. Nielsen noted. however. that the current request for a C.U.P. does not require a variance due to redesign of the proposed house. He also noted that Mr. Ahern has submitted a Shoreland Impact Plan with his current request. Public portion of the public hearing opened at 7:43 P.M. Seymour Mansfield. Attorney for Mr. Ahern. had submitted his written statement to the Commission and reviewed same. He stated that Mr. Ahern's request is now in compliance with the requirements of the Ordinance. He pointed out that several other existing lots in the immediate area are smaller than Ahern's and they all have dwellings on them. He also cited reasons why the C.U.P. would have no adverse affect on the health. safety and welfare of the community. nor be inconsistent with the existing character of the area. He said that Mr. Ahern bought it as a buildable lot with no knowledge of restriction on same. and in fact the lot has been assessed for sewer service. Paul Seifert. 5515 Radisson Entrance. stated objection to the meeting being tape recorded by Mr. Ahern's attorney. The Commission decided. it being a public meeting. that they had no objection. David Walker. 20485 Radisson Road. noted that Shore Road is a very narrow road. He asked why was the lot sold so cheaply ($13.100) if it were buildable? He said Mr. Hayes. the previous owner. should have known the desires of the Homeowners/easement holders. and not sold the lot to someone from the outside. Paul Seifert. provided a written history of the ownership of Lot 11. Mr. Seifert stated that as of 1/28/88 he has initiated a legal process which will determine the extent to which restrictions apply to the easement. He conveyed for his neighbor. Stephen Larson. 20435 Radisson Road. that he would like his options left open. Minutes Planning Commission Meeting 2 February 1988 Ahern C.D.P., continued: Mr. Ahern responded to Mr. Walker's statement by saying that he was born in Minneapolis and raised in this area, and he plans to live in the house he wishes to build on Lot 11. Pat Albrecht, 20575 Radisson Rd, said she doesn't believe Mr. Ahern really plans to live in the house, she said she feels he's "out to make a buck". John Burns, 20545 Radisson Rd, said he had lived in the neighborhood for over 25 years and is convinced building on Lot 11 will decrease the property values of those who hold easement and doesn't feel it's fair. Mr. Mansfield, in response to Mr. Seifert's statement, said that Mr. Ahern has not been served with any summons as the start of some legal process. Bill Hittler, representing Mark and Maureen Watz of Radisson Inn Addn., said they oppose the request, and wanted to know how Mr. Ahern proposes to accommodate the homeowners with easements through Lot 11. Paul Seifert, requested the Commission to table any action until the court determines the extent of the easement. Gary Mize, 20480 Radisson Rd, said he has been out of the country for the past 3 years and had almost sold his property in 1985 until the Council decided to deny the request at that time. He asked why this issue is being rehashed, and what has changed since then to make it a buildable lot today? David Walker, said the homeowner's original agreement was to maintain the lot in exchange for the taxes, which they have always done. Today this lot would have been designated as an outlot, and back in 1939 the easement process was the way to go about designating an unbuildable lot. . Mr. Mansfield responded that there were many legal methods back in 1939 to create the intent of use of a vacant lot. He further stated that Mr. Ahern does not intend to impair access to the beach area of Lot 11. Paul Seifert offered to be more specific, if necessary, about the legal process he has referred to. Chair Watten said that legal proceedings do not affect the Commission's responsibility to address the City Ordinance. Public portion of the public hearing closed at 9:00 P.M. Spellman moved. seconded by Schultz, to recommend to Council that. based on the motion made and recommendations contained in the Planning Commission minutes dated 20 August 1985. the Conditional Use Permit be approved. The recommendations are as follows: 1. Existing site vegetation should be shown on the site plan. Only selective cutting of trees and underbrush will be allowed. Prior to removal of any existing vegetation it should be marked and inspected to ensure compliance with the Ordinance. - 2 - Minutes Planning Commission Meeting 2 February 1988 Ahern C.ll.P.. continued: 2. The grading plan should be subject to review and approval of the City Engineer. The grading plan must be modified so that no grading occurs within 20 feet of the normal high water mark. 3. Erosion control must be provided during construction. Erosion control methods should be shown on the grading plan and approved by the City Engineer. Motion carried by roll call vote - 4 ayes - 1 nay (Benson). This item will appear on the Council agenda of 8 February 1988. SIMPLE SUBDIVISION Stanley Proden (for Robert Engstrom Assoc.) - 4605 Linwood Road Planner Nielsen reviewed his staff report. He noted that Council Resolution No. 21-79 dated 26 March 1979 approved a variance to allow a tennis court (an accessory structure) to be built on the property without there being a principal structure at the time. and to further approve the construction of a single-family home on a portion of the property in the future. He noted that this current request takes it a step further by requesting a subdivision of the lot for the construction of the single-family home. Spellman moved. seconded by Benson to recommend to Council approval of the subdivision subject to the Planner's recommendations. Schultz asked what the difference is between a "lot" and a "tax parcel". Planner Nielsen said that he believes that a lot may have more than one tax parcel number if it is held by more than one fee owner or tax payer. Schultz said that it seems to him that the variance was granted with the intent that someday a house would be built on the ~ lot. thereby bringing it into conformity. If the lot is divided this will increase the nonconformity and also set precedence for other similar requests. Motion to approve carried by roll call vote - 4 ayes - 1 nay (Schultz). subject to the following recommendations: 1. The applicant must submit an up-to-date (within 30 days) title opinion for review by the City Attorney. 2. The applicant must provide deeds for the drainage and utility easements shown on his survey. 3. The applicant must pay the $500 park fee for the buildable lot (Parcel A). demonstrate to the satisfaction of the City Attorney that Parcel B will not upon. it is recommended that the park fee for that lot be waived. If he can be buH t 4. The applicant must advise the City Clerk how he wants sewer equalization charges spread against the property. Presumeably they will be assessed to the buildable lot. 5. The above-mentioned conditions must be complied with within 30 days of the Council's approval of the request. Once the applicant has received the Council resolution approving the request he must record the division within 30 days of receipt. This item will appear on the Council agenda of 8 February 1988. - 3 - Minutes Planning Commission Meeting 2 February 1988 PREAPPLICATION FOR AMENDMENT TO THE COMPREHENSIVE PLAN Strickland Ventures II (Nancy Strickland-Balogh) - 5915 Strawberry Lane Ms. Strickland-Balogh was before the Commission to request direction on her proposal to amendmend the Comprehensive Plan in order to make application for rezoning approximately 8.4 acres of land located on Strawberry Lane from R-IA to R-IC. As noted in the Planner's report. the rezoning request of Ms. Strickland's property would be accompanied by a proposal on a separate parcel of land directly east of Strawberry Lane. owned by George Larson. for the same zoning change. Mr. Larson's property would not require a Comprehensive Plan amendment. Ms. Strickland said she plans to extend the watermain serving the Shorewood Oaks project to serve her development if it is economically feasible. Watten suggested that she consider R-IB zoning containing 30.000 square foot lots. which would be closer to the surrounding lot sizes. Spellman agreed. saying that R-IB would provide a better graduation from the surrounding R-IA zoning. Ms. Strickland said she will re-evaluate the water costs based on R-IB lot sizes. It was clarified for her that she has the option of a private water system. APPOINTMENT OF 1988 CHAIRPERSON Spellman moved. seconded by Robertson. to recommend to Council to reappoint Vern Watten as Planning Commission Chairperson for ,1988. Motion carried unanimously. Spellman moved. seconded by Benson to appoint James Schultz as Vice-Chairperson. Motion carried unanimously. MATTERS FROM THE FLOOR None. REPORTS Council Liaison Stover said that at their Special Meeting in January. the issue of snowmobiles and the recreational trail use were discussed. and the City Council has decided that the Planning Commission and Park Commission should hold a joint meeting regarding these issues. Planner Nielsen suggested that study of the trail system begin with the Comprehensive Plan. The Planning Commission agreed to meet with the Park Commission at their next Study Session on 15 March 1988. Schultz suggested that discussion be focused on the trail system only. ADJOURNMENT Spellman reported that he will be out of town during March of 1988. Schultz moved. seconded by Spellman to adjourn the meeting at 10:12 P.M. Motion carried unanimously. Respectfully submitted. Patti Helgesen Planning Assistant - 4 - r . O\\l =& Assoaates, Inc. 2021 East Hennepin Avenue Minneapolis. MN 55413 612-331-8660 FAX 331-3806 . 3 1988 Engineers Surveyors Planners January 27, 1988 City of Shore~ood 5755 Country Club Road Shor~ood, Minnesota 55331 Re : Southeast Area Elevated Water Storage Tank Pedestal Supported Spheriod and Appurtenant WorK Project No. 86-10 OSH Camm. No. 3707.40 Ci ty Counc i I : Enclosed are four (4) copies of Construction Payment Voucher No. 1 on the above referenced project in the amount of , 88265.75. Please lUke pa}'lllent in aIIount of S 88265.75 to CSI Ha-Con, Inc., 24137 - 11Uh Street, Plainfield, Illinois 60544 at your earliest convenience. Very truly yours, ORR-SCHE~EN-HAYERON & ASSOCIATES, INC. ~~~,p1~ Project Engi neer JPN:RGD Enclosures : cc : CBI Na-Con, Inc. ~If . C~STRUCTI~ PAf.'lOO VOUCHER . " Estimate Voucner No. Date Januar y 27, 1988 For Period Ending December 31, 1987 PrOject Number 86-10 C1 ass of Work Elevated Water Storage Tan~ Pedestial Supported Soherlod Loca.t ion and Appurtenant WorK To : C81 Na-Con, Inc. ------------------------------------------------------ 24137 - 11lth Street Southeast Area PlaInfIeld, !lj inois 60544 ------------------------------------------------------ (815) 436-9800 Ci ty of Shore~ooa. Hennepin County, Minnesota For D. Total Funds Encumbered $ 463100.00 A. Original Contract ARount f 463100.00 a. Total Additions $ 0.00 C. Total Deductions $ 0.00 E. Total Value of WorK Certified to Date s 92910.75 F. Less Retained Percentage 5 /, $ 4645.00 6. Less Total Previous Payments $ H. Approved for Payment, This Report $ 88265.75 I. Total Payments Including This Voucher $ 88265.75 J. Balance Carried For~ard $ 374834.25 APPROVALS ORR-SCHELEN-HAYER~~ & ASSOCIATES, INC. ------------------------------------------------------------------------------------------------------------------------ I t 1 I I ! I Pursuant to our field observation, as performed in accordance with our contract, we hereby certify tbatthe materials are satisfactory and the work properly performed in accordance with the plans and specifications and that the total work is 20 I. completed as of Otc~ber 31, 1987 . WI hereby reconnend payment of this ,oucber. Sign.d : :::~;~;~~_ ~;:~--_-:~~=----------- Sign.. : ~.fL~: This is to certify that to the best of IIY knOllledge, infomation, and belif'f, the quantities and values of work cer t i f i ed here in is a fa i r approx illlate est illate for the per i ocI covered by th i s voucher. Contractor eBI Na-Con, Inc. Signed By ------------------------------------------------ Date : Title ------------------------------------------~----- ------------------------------------------------------------ CI ty of Shorewood Approved for Payment Voucher ------------------------------------ ------------------------------------------------ Checked By Authorized Representative Date Date -------------------------------_._-------~----- Page 1 of 3 3707.40 Estimat. ,:uch.r No. . Da te : January 27, 1988 ----------------------------------- Southea~~ ~.t~ Elevat.d Water Storage Tank Pedestia. ~J~rQrted Sph.rlod and Appurt.nant Work Project \:. 5~-;D for the City of ~':~e\liood I Hennep In Coun ty, HI nnesota Con t r ac ~ ~ 3 ~ t : work C~: ~~ec : Item No. : ~flIl ----------------------------------------------------------------------------------------------------------------------------------- Schedule '..;.' 1) - t\Civatlon and Embankment Borrow Material 2105.2 3~anuiar Borrow Bedding 2105.2 ~e~.raj Imported Fill 2105.2 .c~soll Borrow con.or : Work Starhd C~pjetion Date: CBI Ha-Con, Inc. 24137-111th Street Plainfield, Illinois 60544 (815) 436-9800 Work Cmpleted Contract This Anourlt Total to Date Quantity Unit Unit Price Total Price Month This Month Quantity Total Price 600 C.Y. 2200 C.Y. 300 C.Y. 12.00 7200.00 8.00 17600.00 11.00 3300.00 ......................,.... ..... .... ....f Total for Item No.1 2) - ~ggregate Base 2211.2 :'ass 5, 100% Crushed 160 C.Y. 10.00 Total for It.m No.2........................................, 3) - S:tURlnous Paving 2331 S:tU~inous Pavement <Bas.) 2341 S;tu"lnous Surfac. 2357 ~;tij~inous Tack Coat 34 Tons 17 Tons 10 Gal. 25.00 150.00 25.00 'Total 40r Ittfl No.3 ......................11..1.............$ 4) - Co~c~ete Curbing 2531.2 S~: S Concrete Curb lor Valley Gutter 450 L.F. 2.50 Total tor Ittll No.4.....,.. ..... .....'. ... I" I..... ... I... .... 5) - Turf Estabishaent 2575.2 S..ded Area 2575.2 SJddl~g Area 2700 S.Y. 400 S.Y. .40 3.00 Total for Ittll No.5 .............................................$ 6) - _ate!" Mains 2611.2 l~. rIP Class 50 2611.2 12" OIP Class 50 no LoF. 80 loF. 40.00 25.00 Total for It.. No.6 ........................................S 7) - .at.l" Main Val yes l Fittings <Buried) 2611.2 :~. butterfly Valve 2611.2 .Z' 6ate Valve 2611.2 ~~d~ant CJ~ Valve' Lead 2611.2 .:;'~ Oth.r Fittings 1 2 1 2000 2500.00 1200.00 1500.00 1.75 Total for It. No.7...........,................,.............. 28100.00 1600.00 1600.00 850.00 2550 .00 250.00 3650.00 1125.00 1125.00 1080.00 1200.00 2280.00 4400.00 2000.00 6400.GO. 2500.00 2400.00 1500.00 3500.00 9900.00 SA) - SDO,COO Gal. Single Pedestial Sph.roid CIW Foundation, . El.ctrial and All Other Appurtenant Work not Itemized ~(\;It Lump SUit 1 472245.00 472245.00 Total for Itell No.SA ................................"...... 472245.00 Pao. 2 r 3 3707.48 0.00 0.00 0.00 0.00 0.00 0.00 ------------ ------------ $ 0.00 $ 0.00 0.00 0.00 ------------ ----------- $ 0.00 $ 0.00 0.00 0.00 0.00 0.00 0.00 0.80 ------------ ------------ $ 0.00 $ 0.00 0.00 0.00 ---------- ------'----- $ 0.00 $ 0.08 0.00 8.00 0.00 0.00 -------- ---------- $ 0." $ o.ae. O.Glf 0.00 0.00 0.00 --------- --...-----.. $ 0.00 $ 0.80 0.00 0.00 0.80 8.00 0.00 0.00 0.00 0.00 ------------ ------------ $ 0.00 $ 0.00 0.00 0.00 ---------- -------'---- $ 0.00 $ 0.00 . . I 1 11./ Estimate voucner No. Date: January 27, 1988 Soutneast Area Elevated Water Storage TanK Pedest!al Supported Spheriod and Appurtenant WorK ProJect No. 86-1D for the City of Shore~ooo, Hennepin County, Minnesota Item No. Item Work Ccnpleted Contract This tfftount Tota! to Date Quantity Unit Unit Price Total Price Month This Month Quantity Total Price 88) - 400,000 Gal. Single Pedestial Spheroid C/W Foundation, Electrial and All Other Appurtenant Work not Itelllized Above Lump SUII 1 410045.00 Foundation 123881.00 .75 92910.75 .75 92910.75 Electrical 10159.00 0.00 0.00 Material 176591.00 0.00 0.00 Tank Construction 120382.00 0.00 0.00 Paint 32087.00 0.00 0.00 ------------ ------------ -----..------ Total for Schedule 'A" (Ittms 1 thru 7 Inclusive Item 88) It 'I" IS 463100.00 $ 92910.75 $ 92910.75 Pige 3 of 3 3787.48 .. III 01: . ... ~ 0 b8 - C\/ c: We:;; ... .2 ffi !:: .... 0 - :r: .... .B'~ U z ) z .;: 01: 0 0 ViO<U .... oBlOOOO u a: C) C'- "0 ~ 'Vi co CIJ C\/ ~ 0 ~ '" .. 0 ~ ..-f CIJ <""\ ..-f > CIJ 0 ........ l:'- w .. ..-f co ~ c: Z 0 0 Z tnQ 0 '" 0 g tJ e tJZ .2 8 ~b e:;; ti 0 ~ 0 :r:~ .... .:: ~ z '" no C2 UO 0 g no w 01: ex: < no <no U el " (.j ..-f I- <""\ ~ .0'" >~ (/) r-l ~ ~ r-l tlJ:l CD CD ~ s::: w /8 ~O:IE: O' ..-1..-1 E!' .c: to - Cl CD er-l~ ~ CD 0 :s 'E <0..-1 >< to ~ as OHr:1 ~ ) l- s::: o~ ~ Z 0 IZl IZl IoU +1 6 ~ id ~ w ~ !:: 6 :r: U c.;; 01: w ~ e::: 0 < 0 01: :> no u.. . IoU 0 s::: Q) ~ H> ..-I . ~ U ~A..-f (/) C""'\ - S:::aSC""'\s::: u.. ~ o -a ~ - I:.) \1'\0 ~ 0..... ..... ..... ~C""'\ ~ bO ~ C""'\ Q) ~ s::: g IoU '8.g~ to ..... :IE: U to> b Or-l as - ~I:.) s::: lZiQ)'8(/) C I ~ s::: ~ ~:IE: ): 0 0 z O...:l ): I:.) .c:~ - bO~r-l -< tIl3'8 to\I'\O~ ct-f 0 o. as -2 .c: Z 01:.) ): ~ tl]Q) Q) ..... s::: 0 ~~~ 01: Q) ~~o 8 0 - ..-IC'-.c: ~ 1:.)~t1l e:;; 01: ;.:. .... 0 ) U 01: Z u. w 0 ~ .-' . -' z ~ ~ ~ c:. ~ .... e. 0 z -< g 01: 0 u.. U ... - 1.1 ns .. C o U Cl./ -S .I:: .~ c: .Q ti CIJ c: c: o 1.1 . c:"g '-..r:: ~u oS Qj'iii ..0", c: .~ ~M OCl .r:.... IIlQ ~c ,Cl./ -E c: ~ C1Ju Eo ~Q ':~ .g< C1J~ ]t E~ .l!! c: c:.2 .2 ;; ij~ 0_-- c..c 0.;0 <u .JJ' :..5 :- t: ~-:;:.- .:: U:;: r- ~;, ('~ ~:,~ ~.: ~~ ~~ ,c: ~t5""'" ,.:~ c. ~ ~ .~. ~~ ~~..).. ''"~ ..k-~ - ::: ~'I ~ .jj;.' .--'" . C) ~~ !:~:~/ 'J ~ . ~ ::J t>t: ... . . 11.I _'~ UO ~ '. :...:.!< .' 11.I _ '.' Nfl Q t::.~ .l!! 0- : ~ CIC Cl./ z -S <:r . "0 ''-0 ........ OU - .CIJ . :CIJ.... .11.I """'.. .:~ ~CIJ -:s : ~ .S Q .. ..... ~ VI.Q l.u (.'Z) t:: ~ .. ~ ~ .:.: C MO < 11.I". ex: Cl./'~ C1JU c;--..... "M'''jij .o......Z.....~o.. .. :J "E 11.I 0 ~ R';: VI l..:l =< ] t5 E ~ ~.g c: U'I0!<'-M' \J.&.....+-~t2-0:J....)"O ::! I-CIJQU'lO"O nsansO..... """'.t: no.....()iJ. 0 U CA) ~.... .& C:~......VI_""'VI~-oQ '-01).9;'; E <sQQ\Jc: Cl./O \JClJc:VlCl./D:: ....:r:CIJ Cl./ ~ CC:'~r- c..w"O C:EVlc:WClJzVlC: E .= o~ ~ 0 ~ ~ 0 E + e g 3 ~ ~ :::; u .s'w z:::; QI 0 ~ 11.I c: o >-:J....(J 80~""'" CIJoQ ~:S~~ti: ~ ~ III CIJ ti: 0 u.cU'l~ c..... c:...'c: ~uz~oz~o~ "-"0.. g ~.~ .... Gl b c; E 11.I 0 E 0 E .S .S CIC "l' -> 11.I c.; .... M t,/ 5 .~'Vi 11.I < CA)O ~ Q ~ .... ~ ns _ <tl ~ t- 11.I .v - '" u..!l!" C:~U-<"'-""--nsI.l1C1JWC;zuCl./ "0..0'- e- ~ ~ I-- .... 8 ~ 1818 ~ .Q .... :5 g: ~ ~ z:5 ...8~. EE I- CIJ W 'W \.I Z < - < - - - r- < - - CIC <tl - ... .- ~ .c: !:: ::; - 0 ...... . S ... VlU'I __..J 0 U ~ 0 -- u :r: .....Cl./ 0 l.u . 0 0 11.I --< G)"'nsU 0 . o z u.... ex: ni .oF .... .... U = . iii ..0 a >- ~ ~ ~ "':NM..r II'i ..0 " cOcr\ v;az~ <s< 0000 0000 ............~ ~~ o o C\/ I- Z w ~ ~ c.;; 0::: o u.. Z o - ~ U' - ...I Q. e. <1: CI) ... ~ ~ U < e::: .... z o U 0 0 . VI 0 Z 0 6 g :J ~ 0 IoU 0 ~ 0 0 0 0 . . II) ~ ~ Z 0 co co .. - ~ ..... ..... 0 0 < VI ...J ...J '" :< ~ .. > c:...... "0 co CIJ 01: .- CIJ 0 Cl./ ~ "E < > ~ "OC:'- 0 0 ~ ?t ~ .. ~ 0. C\/ ~ 00 ..r:: 0. ..... .. < .......... c: 0.>- 'E Vl 0..0 Cl./ ..-f III 0 0 ..r:: ex: ns", ~ ;; U W ",.I:: 0 ~ 0 .. - CIJ c: III ex: "00 ~ 0 .. E ~ w 0", "0 ?t .. c Q C1J~ CIJ ns Z CA)o 0 .0 .I:: < c.- .. E ..-f 1.1 ns > 0. Q) :r: ..r::CIJ 0. ~ U Uc.. < z z aiCC4IC: c.oCIJCl./Qj~ "04ICIJ~o 41.o.o>..r:: "j:Q?t'E1II 0.1:: ns C1J'E c _.I:: E Cl./ ':':C:III>-E ~E'E~;U 0>-5"0. ti~E.g- t!....ns"'ij 'CO=.!'- o"'nsns" Uc_u~ ons;u QJ .- .c -= - .c;;........ta - 1.1 . Cl./.I:: ... .- .'" u - oc..c","O ;;o.CIJ~c C1J<Eons ..0 VI ~'> .: 41:E~CIJ4I oS ;'0 c.. c: .9.oti'5~ - "0 ns._ CIJ nsCIJ'::.I::..r:: -SQjC~_ ~~8C5E :: 1.1 C1J'" e 't:..:lIt.J:.:o.:... eC5~g"O .... ~.o::: >?t .9 CIJ ~ ..'Qj ~-se.g~ '-... c: .. ... c:CIJIll.9", 0:="01.1- u..8C5t!ijv "O"O~cE~ Cl./ c: ns 0 >-"0 ~nsc:U[~ 'Vi C:'- CIJ 0 .... ....0"O..r::"Oc: U 4.J..;::;cu....c'" < "0 III Q) >- ns .- ~ / C 1::-.0"0 c~~ ~ E 0. CIJ .-,,^ E"O CIJ . 41 .g '- ~.. 0 ~.s 8 [.~~ u ~ IA ~ C1J- .I:::::l -0 0-:; -;.'~ -Cl) c: .. o ns . Cl)cti :OCl./e nsE- >->-c III III 0 .0. 0. U -Ill .- 0.- OCl./-S w u' .. - c.... Cl)l.l..nsCl) --_'"0 ns~o.c Ow Cl./:::l Uu.. U 0 ....ns_ z"OU __ct! ....Ill_ o-C: ~Co .c:::CIJU <E.... Cl./ i;" 0 .I:: f;l." .... .Cl./ Cl./ C ci 1.1 ~ :0;0 .~ ~ CIJ 011I.1:: 0.0 -: = CIJ c 0 C:.- Cl)", - .. - OCIJ.I:: C:.I:: 0.0 III "0 .;: .- CIJ >- C1JEC: t;rar'O 1.1 C 0 .. - '';: ~ -1.1 1.1._ Uns"O .:: ~ >. ~ g'~ a:I;-. U 0. ~ ~ :q.-g - -""0'" -gg~", t\1~IDc .... ",.I::"CIJ Z g:: ~E ._ CIJ .. :::l w-c:o.u ~ ~ ~ '" 0 < C1J0~~ . _1lCIJ':':~o ~0-SC5=!:!:! ;;:.. Cl./ 0 ~ c!:: _,O:::-CIJOI- .'J,' In.l::Uffi #IfJ c; - C1Ju w;.. O..::.....r:: O "G)-f- gCIJ=-Sz u.. "0 ~ .8 .~ ::::>0 GlCIJ"04I IoU :Q.o:::cu~ ~<~'5~~< '" "'0"0 41 C <.- ....r:: U C1JCIJ;;O- _ E-SE~'O L.L. ~cC5c- _ 1.1 0 -._ C L- 0._ C '" CIJ ~ 0 iii .-:.- E 0::: ti.~ ~ ~ ;u W t!c.."Ogo. U-o.CIJ>o cns"jCIJ_ OCIJo..r::"O rI'\U>C:'::CIJ \#J C1J~':':0:,= -=~..'" >-''2' ..r::CIJti==:CIJ .-= -:5 ~ ra U'l W ~ c.o'- ~.- c.l:: 0".. .... e.Vi ~ CIJ g c .;: < -S 1.1 1ll00CIJ .t! "EE-S"g'E U88'Oiii8' e::: ~ ns Vi .~ __ciiiCIJ-g~ '" _ "0 .0 ._ _ ,.., ~ ~. < :( . z o ~ C .... ~ ~ ~ . o s::: H s::: o ..... ~ o .~ ~ to s::: o I:.) ~ Q) (/) (/) Qj ;; o . ~ z ~ ~ ClI: o ... 8 u: ~ .... u c z < z o 8 ::; "- "- < . N Q ... \j ~ z ~ :J U o Q <. ::c >- co 56 ~. 0. t4 ca ~ E VI E .~ 0.: ca U = c 08:: t;.2 ,~ e u u = f: r&: c c C us 1lS.-5e u"O 0 . !I-.!! ~i -g ~ <~ 1; :a z ca t; ~ o~ u e -c:;u 3 ~ l! i' 5 c.~ o 225 g u _.~'t:Ee ~. sa i ~ ::> (,.~ u c Z _QQ.QO )' C'i;i VI - _ u' C C 1- E~ 0 E r- 0 .- z a ti.l! .2 o l:! ::I 0 o 0_ .g,p '. U :!i ,g. - . ~ <4 .5 ~ "') ell .... ~ . ~\." ... ~ ..... u "0 'i;i u r! III > III .. C o VI C .2 - u ::I = VI .5 .... coco coco C>C>O ~~Lr\ .............. ..... C\/..........r- ooco ffi~Qo co:.(..-z :iOCb ~zow ZOC2"-o - w Z~Cl.~ Ou Cl. 822 !{l _ <Cl. b .... ~ t - < :t U ~ <, a t3 ~ ~ u o Q ':S ~ '. '. .... '..! QQ C S ca c 8 !i w ~ ~ .a: ~ o "- ~ w :I: CI) Z .... ~ ~ '" w:I: Ulll.... z-o :I: :s~ I <o~ cgl- o ~+ .g 00' o ....w....l:i: -'t;;;~~+ 6~liio"" 1-~0~6 ,u~ - ~~oz;;:r <1-..,- jiZ",...", II. ~~ooo ~~lii~o ~o.. . o o ji Vol 0 ~ ~ !!i .' ....:I: Cl.1- ~ o u'" ~ ::lz '" Qo o ~ ~8~ Cl._o ~t- ~< ... o ~.., u e~ o III ~ ~ ... o 10 Z o t B ::1 o ~d' < t::z ~~~~oo~oooooooooooo ON~~~O~O~~roooooo~~o . . . . . . . . . . . . . . . . . . . ~~ro~roo~~~oro~~oo~~~o ~,roN ~o~o~~~~~ NN~~ ~~~ o~~ ~~N ~~~ , . ~ 0000000000000000000 0000000000000000000 . . . . . . . . . . . . . . . . . . . 0Lr\0Lr\0Lr\0Lr\000~Lr\Lr\000r-r- r-coco r- C\/ Lr\..........r-~Lr\~r- OCO ~ r- ~C\/C\/vr-~o .....- Lr\ ..........v~CO.....Lr\ 0~0Lr\OCOOV080CO""'00~~Lr\V 0~r-CX)0r-0r-0 O~CX) .....vCX)~ 0000000000000000000 0000000000000000000 .. e.- . . .. . . . . . . . .'. . . . ..... Lr\ ~ Lr\'CO o.~ 8 0 ~ ~ 8 0 0 0 0 0 CO 0 vC\/r-~r-o~ ~8r- 0 0~~8 -r-[C'\CX)~ov.....~ ~~Lr\ .Lr\Lr\C\/ ~.....C\/O""'O~C\/ .....C\/C\/Lr\ cor-~ C\/ 8888888888888888888 ddcidddd~~ddcidcici~ddd , Lr\ 8880008000000000800 000 000000000 00 . . . . . .. . . . . .' . . . . . . . . 900008.0 8 0 ~ ~ 880'0 0 ~ ~ 0 Lr\ -,8~trlLr\ Lr\r-8 ~ C\/,..... C\/ C\/ Lr\', 00 V Lr\ . rn :;:I 8888888888888888888~ . . . . . . . . . . . . . . . . . . . '> .....Lr\~Lr\CX)8~000000000008 vC\lr-~r- ~ ~. ' Lr\'~ -r-[C'\CO~Lr\v ~ Lr\ ~.....C\l0.....0~ ' C\lv ..... ..... :;:I ~ 888~888888888g88888rn · · · · · · . . . . . . ., · · · · .- · 0 .....g~0CX)Lr\~Lr\08~~Lr\Lr\00~Lr\r-~ ~Lr\cor-r-~C\I~ r-Lr\..........r-~ -~~ ..... ~r-~~~co~ ~~CX)C\lC\I~ ~OH ~.....~C\I-Lr\~C\I .....C\lC\I~.....~~r-co~ ~ ~ N ~,~ ~ 0 g~ m ~ :;'0 EI 0 0 r-i~ ~ < ~ r-i ~g Ilotlll~ ~ ~H ~~~=- 'g~~ ~~- ~~CJr-iClO ~~o g... rng::l~g goO .1"4 Q)= Q) tlO Q)J..IJ..I.r-f lIl.r4r-i 00 >~ g ~ ~ i f'tj ~ ~ 8 ~ =- ~ tlD ~ i 0 = S 0 ~: ::l ~ . ~ e ~.8 ~.=- .~ :f ~ 'r4etS 0 ~~CJ~~ ~~~~ ~E1 ~~.......J..I~~ o~ 10 ~ (.)~ ~'r4 J..Ir-ir-i'ri::l Q)~ '~'r-ft!J ~~~CJ::l~~~Q)::l~elllQ)~g~CJ~~ J..IJ..IggJ..l::lQ)CJ~IIl~::l~r-iJ..l~CJQ)o< Q) O~OJ..lJ..l~gQ)~~~~~Q)r-iJ..l= 10 ~ g 18. 2Qg2i8g8888i~8g8?8Q08i ~~~................~.....C\/.....Lr\C\I~~m ~ ~ 000000 00000 ooo..........~~ ..J oj ~ ~ . ~ ~ ~ M CO Q') ;;; C> " \j o o . I:- 0'\ ~ ~ ~ r- o .0 . r- ~ ~ ~ g . 8 Lr\ o o . g C\I C\I V ~~ 0"': .u ::0 <% z~ Qz ....- OX ;~ a;== i~ . . ~~ ....z ;t~ ~ O::w ",Crt o~ ... 3~ ;::'" -s::! lie.. ... u . 00 ~~ Z5 0", 8~ ::;0 c.... ~~ ...- 0.... Ol2 ~~ ~a2 u.... g~ :s.... <~ 8 . .... ~ CO o Lr\ o o . {8 Lr\ CX) C\I ..... * rn ~ ~ :Ie CHANGE . ORDER Dj,trlhulion to: O\VNER 0 ARCHITfCT 0 CONTRACTOR 0 FIELD 0 OTHfR 0 II/A DOCUMENT GiOl Ets 6S4 EXCELSIOR BClLLEVARO SUITE ONE EXCELSIOF=l. MNNESOTA 55331 CORPORATION lb121474-3291 ARCHITECTS e SPACE PLANNERS elNTERIOR DESIGNERS PROJECT: SlhlH)\Vood City Hall & Remodeling In.lmC'.,lddrc''') 5755 Cou,1ty Club Road Silo rC'\vood , . ~IN 55331 TO tCnntr.lctoil: . rZastrmv Nasset Constructio~ 6750 LAke Virginia Drive Shorewood, MN 55331 L -.J CHANGE ORDER NUM8ER: ') INITIATION DATE: February 9, 1988 ARCHITECT'S PROJECT NO: 871 SO CONTRACT FOR: General Construction CONTRACT DATE: December 7, 1987 You are directed to make the iollowing changes in this Contract: Repair existing floor slab at base of stair Hauling of fill accomplished by excavator in place of City Public Works Department Change height of new interior doors Install sound insulation wall between toilets Reinstall two existing windows in existing building Chang~ duct work size in addition Remove existing wall covering in lobby and paint similar to office spaces Relocate light switches Furnish and install toilet partition door Remove existing light fixture in lobby 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Contractor's. Overhead & Profit @ 15% $ 250.00 200.00 462.00 55.00 600.00 520.00 215.00 360.00 175.00 25.00 2,R62.00 429.00 $3,291.00 :\;01 \Jlld unlo! ,'gnl'd hy hoth till' O\\n('[ and Arrhit(.cl. ~lgn.llUH' oi th., Contr.lct')f ond;r.lt<-,' hi' Jgfl'('ml'nt Iwrl'\\ilh. inrludinJ; any aclju5tmcnt in the Contracl Sum or Cllnlr,lrl T ,"11'. The original (Contract Sum) (Guaranteed M.lximum Cost) was. . . . . . . . . . . . . . . . . . . . . . . . . .. $ Net ch.mgt' bvprenously authorized Change Orders. . . . . . . . ., . . . . . . . . . . . . . . . . . . . . . . . .. $ The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was .......... $ The IContr.lct Sum) IGuar.lnteed Maximum Cost) will be (increased) (decreased) (unchanged) by thi~ Chang!.' Order ......................................................... S The new (Contr.lCt Suml IGuaranteed Maximum Cost) including this Change Order will be . .. $ The Contract Time will be {increased I (decre.lsed) (unchanged) by The Date of Sub~t.lnlial Completion as of the date of this Change Order therefore i, 126,705.00 1,863.00 128,568.00 3,291.00 131,859.00 ( February 22, 1988 Authorized: CITY OF SHOREv.KX)D OWN[R 5755 Country Club Rd. Addr<,', ) Days. EOS CORPORATION ARUII1lC6s4 Excelsior Blvd. ZASTROW NASSET CDNSTRUCTION CO~lf5'61~ill<e Virginia Drive Excelsior. ~1N 55331 .. Sfiorewood. MN 55331 ~ "'i(!.".jt)l)t~I<fL'Alt\rw DAn-' 'Z / t[ I tJb l)A TE . 1\e1e1fl"~ "delrt'" Shorewood. MN 55331 BY D." T[ AlA OOCUMfNT G701 CII:\S('[ OR[)fK . :\I'KII 1'1;/1 [Dill! IS .'\1"" ri) "17/1 lIU ,,\\\[1\1(," ''''':It'11 ( .\RCllIllrT\. 17\; SI\\' \(11\" \\'1, S.\\' \\"\11"(,11'-";, D.C. "1111111. G701 - 1978 S~ . . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 27 JANUARY 1988 RE: AHERN. ROY - CONDITIONAL USE PERMIT FILE NO.: 405 (88.02) In 1985 Mr. Roy Ahern requested a conditional use permit and setback variance to build a single-family residence at 5540 Shore Road on the north side of Christmas Lake. After considerable review and discussion Mr. Ahern's request was denied. He has now reapplied for a conditional use permit to build a redesigned home on the site which does not require any variance. Since the only thing which has changed since his original request is the elimination of the setback variance. we are simply forwarding the information which was generated for that request. Due to the amount of material. ~e are copying various groups of information on different colored paper. Hopefully this will simplify your review somewhat. Attachments are as follows: Attachment 1 (green copies) Original staff report dated 30 July 1985. Comments relative to the setback variance may be disregarded. Attachment 2 (yellow copies) City Council minutes from 24 June and 22 July 1985 regarding a legal opinion from the City Attorney. Attachment 3 (blue copies) Planning Commission minutes from 6 August and 20 August 1985. Planning Commission voted 5-1 to approve the C.U.P. subject to certain conditions. Attachment 4 (pink copies) Additional' information submitted by the applicant to the City Council. Attachment 5 (yellow copies) Council minutes -from 26 August and 9 September 1985. The Council voted 3-2 to deny the C.U.P. request and 5-0 to deny the variance request. A Residential Community on Lake Minnetonka's South Shore I I (0 i . . Re: Ahern. Roy C.U.P. 27 January 1988 Attachment 6 (yellow copies) Findings of Fact denying the variance and C.U.P. requests. Attachment 7 (yellow copy) Council minutes from 16 December 1985 denying applicant's request for reconsideration. Attachm.ent 8 (white copy) Applicant's Shoreland Impact Plan. Attachment 9 (white copies) Proposed building elevations. Since lack of a Shoreland Impact Plan was one of the reasons the applicant's original request was denied. he has made sure to include it with this application. He proposes to leave existing vegetation in the southwest corner of the site as it exists. An area of brush on the east side of the lot will be cleared as necessary to accommodate proposed grading. Site grading should be approved by the City Engineer. No grading should be done within 20 feet of the shoreline. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Roy Ahern - 2 - " - \ ~:. / / CITY OF SHOREWOOD .' 5755 COUNTRY CLUB ROAD . SHOREWOOD. MlNNESOTA55331 -i6121 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 30.. JULY 1985 RE: AHERN, ROY - CONDITIONAL USE PERMIT AND SETBACK VARIANCE FILE NO. 405 (85.25) BACKGROUND Mr. Roy Ahern has requested a building permit to construct a single-family dwelling on property located at 5540 Shore Road (see Site Location map - Exhibit A, attached). The property in question (Lot 11) is currently zoned R-1C, Single-Family Residential, which requires lots to be 20,000 square feet in area. Since the lot contains approximately 15,670 square feet in area, it is considered substandard and therefore requires a conditional use permit prior to issuance of a1building permit. Mr. Ahern has also requested a 10 foot variance from the 75 foot lakeshore setback on Christmas Lake. The C.U.P. and variance request is complicated considerably by legal questions pertaining to easements which were granted to all property owners within the Radisson Inn Addition. According to Mr. William Hittler, an attornery for the residents who hold the easements, the easements were created when the property was platted in 1940 to provide lake access to property owners within the Rad- isson Inn Addition. The owner of Lot 11 believes the lot is buildable as long as easement holders are not denied access to the lake. Those having easements over the lot feel that the lot is unbuildable due to the existence of the ease- ments. ""'" Based upon discussions with area landowners, there is a signi~icant amount of history relative to the ownership and use of Lot 11. This will undoubtedly come out at the public hearing scheduled for 6 August. In the mean time, additional background is provided in following attached Exhibits: Exhibit A - Site Location map Exhibit B - Proposed Site Plan AittJC,hN\ti\t I A Residential Community on Lake Minnetonka's South Shore PLANNER'S AHERN C . U . P ../ SETBACK VARIANCE Exhibit C - Proposed Building Elevations Exhibit D - Legal Opinion: Previous Owner's Attorney, dated 11 July 1977 Exhibit E - Watershed district Setback Variance, dated 23 April 1985 (Includes previous survey) Exhibit F - Letter from David Walker, dated 1 June 1985 Exhibit G - Legal Opinion: City Attorney, dated 4 June 1985 Exhibit H - Letter from William Hittler, dated 10 June 1985 Exhibit I - Letter from William Hittle~, dated 17 June 1985 ISSUES AND ANALYSIS Given the varying legal opinions rendered thus far, it appears likely that the easement issue may have to be resolved by the courts. Ideally, from the City's standpoint this would occur prior to the City having to make a determination on the C.U.P. and variance request. Unfortunately, no legal action is expected to be taken until it has been determined whether or not the City will approve or deny the request. While the legal questions may tend to cloud the City's evaluation of the request, it is important to remember that the~ity Attorney's opinion (Exhibit G) states that the issue is a private matter between the lot owner and the easement holders. He goes on to say that the easements in and of themselves do not make the lot unbuildable. Based upon his advice the City should concentrate its review on the C.U.P. and variance. Variance. One of the requirements for a conditional use permit to buiId on a substandard lot is that the proposed buiIding must comply with setback re- quirements of the zoning district in which it is located. For this reason the setback variance should be addressed prior to the C.U.P. In addition to the requirements of the R-1C District, Lot 11 is subject to the requirements of the S, Shoreland District (see Section 200.26 of the Shorewood Zoning Ordinance). With the exception of the 75 foot lake shore setback (65 feet is proposed) the proposed building complies with all setback require- ments of the S District, including the doubled side yard requirement. There are two factors which suggest that a variance may be justified. First, as can be seen on Exhibit B, the homes on the two abutting lakeshore lots do not meet the 75 foot requirement. The house to the west is approximately 69 feet from the lake and the one to the east is approximately 57 feet from the lake. The first footnote in Section 200.26 Subd. 5 a. states "...Where development exists on both sides of a proposed building site, building set- backs may be altered to more closely conform to adjacent building setbacks." If the City required the proposed building to be located at the average set- back of the two adjacent buildings it could be located 63 feet from the lake- shore. -2- PLANNER'S REPORT.OYAHERN C.U.P./SETBACK VARIANCE "" The second factor pertains to a recent variance granted to the owner of the house to the east of Lot 11. As you recall the City granted a variance allowing a reduced setback for a garage to be built on the north side of that house. If a similar front yard setback were allowed for Lot 11, it would eas- ily comply with the 75 foot setback requirement. In addition to these factors the Planning Commission and City Council should review Section 200.25 and Section 200.26 Sul,d. 9 in making a determination on the varinace request. Conditional Use Permit. The criteria for allowing a building permit on a substandard lot are contained in Section 200.03 Subd. 2 c. (3) .and re in Section 200.26 Subd. 5 b. Following is how the Lot Hproposal relates to the provisions of the Ordinance: a. The lot is in separate ownership from adjoining lots. b. The lot exceeds the minimum lot width requirement by 10 feet. The area of the lot is 78.4 percent of the 20,000 square foot requirement. c. See previous section of this report relative to setbacks. d. The ratio of the proposed structure to lot area is nine percent. The City should also review the provisions of Section 200.04 relative to conditional use permits. RECOMMENDATION It may be difficult to ignore the legal aspects of the easements on Lot 11, however, based upon the advice.of the City Attorney, the City should concen- trate its review on the conditonal use permit and variance request. If the variance and C.U.P. are considered justified, the following c6nditions should be imposed: 1. Existing site vegetation should be shown on the site plan. Only selective cutting of trees and underbrush will be allowed. Prior to removal of any existing vegetation it should be marked and inspected to enSure compli- ance with the Ordinance. 2. The grading plan should be subject to review and approval of the City Engineer. The grading plan must be modified so that no grading Occurs within 20 feet of the normal high water mark. -3- PLANNER'S AHERN C.U.P./SETBACK VARIANCE 3. Erosion control must be provided during Construction. Erosiontontrol methods should be shown on the grading plan and approved by the City Engineer. BJN : s n cc: Dan Vogt Glenn Froberg Jim Norton Sue Niccum Roy Ahern William Hittler -4- V :.~~ 611'T : .~ !~.~ ;1 I~ ~'I; \8 .. ~ ~ .~ "'r...:., ~ '- ..,. ....:::::: .to . 6:J,vll +c'09S /( . r::~_: ",€) \,...,: 0 II '-.l'" (,.) ...... , ,,,,'. "- .-._\ -z, .~~ '-S,,~ .-Je,.~. --.. o .::=. l II) (II c - , \00 I I I '" 1 D I I ---- ---- J j .J ..- \. .~ ';;) ~ Exhibit A SITE LOCATION Ahern - C.U.P. and setback variance . .' " \ t~ Certi ficate of Survey for Roy E. Ahern of Lot 11, RADISSON INN ADDITION Hennepin County, Minnesota J - r o 0.\ \ r J i... .... . ",-.. ~ /'" ,..,/ $7 ~ a ~ ? . ..... : "." jt=- /5.1..10 t. Stl.ll: ,:.::>r+. . ...~- .. i ~. ., ... ~ ;., . ~ . \ ~ !' T t ) .t . .... - t r- l) L.., ;'i ~", ,) t"1 ~ I ; Ii , .J, ,!~ .1 - ,1 ,I :_,1 , ' I ........~ -..r " \ ~' ~.--"... \ \~, d,' 1:. "7'-':') ? ~ , ) .~ \ "'''''1 ,A ). I'. ( '" Exhibit C PROPOSED BUILDING ELEVATIONS . .s .... . ..-..~~. . " .T"v.... .....~.. ._.~ -.L ...... ...;~. , . . MACKALL. CROUNSE 6. MOORE . LAW OPFICES 10aa "I..T N.'....AL ....NIe .UILOING HINN'~"~aL.I.. H INN E5aTA 55402 or co,,".c. ...t..., c- ........-. ~ ...0..... fJ. _f ~"c." :11:11:11'1:11.' ..... coo. .,a r8l.ace.CI _. .',.C.'-I.O ....,...,.. flC..' .. ..DO-I ",.""" DDN.~D .. ..b~"I' .........,., . .D.I.T ...&:.0....'1....'...,.. July 11, 1977 .... .... . Bayes: We hav$ reviewed the easement over Lot 11, Radisson Inn ~tion which read8 &8 follows: . peraanent....ement over and upo~..i4 Lot for -"t.he benefit of all of the owners; 't.heir heir. and u8igna i -of 1:he Lot~ of ..14 ltadisson Inn Addi t.iOD for the purpo~e of ingress .and .gre8sto the .. bathJ.ng .beach 'aa~ol-nlngsaIQ~t 11,' -~adl..on-XnD Addi1:ion. " -.. '. . . . ,. ~ ~~..~.~. . .' Xt. is our unc1er8tanding that. at thet.ime of the creation \hi. ea.ementtbe Lot was us84 as an access t.o a bathing beach, . .' that boats v.n .toJt~ and docked by the B.adisson Inn .on other i' ~.. In light of thi. tUt.uation, it is ap~arent that the ease- . ~ i. limited.to ~e p~o8e8 intended, i.e. for bathing purposes , aaly. The ca.e of Farne.... Lane (281 Minn. 222) has decided 'that. owners of an easement do not have riparian' rights, as owners ., 1M. .hore property, but ~at they are limi t'ed to the rights ~ by ~e ea.. .ement. In the case of Minnea~lis Athletic Club . . ler (287 Niftft~' 254 at. 258) the Court state : 'f . ~ -It i8 ..11 _ttled that the extent ot' an easement ahould not be enlarged by legal ~onstruction beyond the object. originally contemplated or expressly agreed upon by the p.rties.- . ";'.' P: , ... . . il ~ . .. We call your attention the the fact that the only persons ~~ed to use the easement are the owners of Lots in Radisson Inn . Uti. tioD.' .' i-. Exhibit D-l LEGAL OPINION - PREVIOUS OWNER'S ATTORNEY Dated 11 July 1977 <111" , .p,3......:' , , .:i ._.A ~~- ;. ~ f. " ~ - . ... f t: P: MA'CKALL. C"DUNSE & MODRE .: , . '" L:.:.:. I . .......... .... . ::" ,!. ~~r.' '. . Lot 11 1a r.giatered land. As such, no ri.9hts are- tl~.. . te4 in peraona who u.. the land adversely for otPer purposes " 'v." ~ ' . specifically granted to them, no matter for what period of .', such adverse use is made. {M.S.A. 5508.02) . . ' , . , . r. The.J;'efore, based, upon the above, it is our opinion that 'r} ~ easement referred ~o above 1s limited to access to the lake .r' . " bathing purpo... only, which does not include storage of boats .' ' 'any other 'equ1~nt and does not include the right to maintain ~ .~ on the shore line. of Lot 11. ' . ll.!.," t... . . 7. . ... Very truly yours.' . W MACKALL I CROUNSE , MOORE · Qera~d B&J'8s 11, 1977 ' 'lVo .. f.. ... . & ~ f 'r.:, ~:.. f a. ~ i~; r '" ". '{.\...~ By . F. L. Thorson FL'!':dd , . .. . . . . ., . .., . '. Exhibit 0-2 ~\o.. . ~ ~11~ . I, . ~~ : -..,,'$ ~ED O\~ . . W'l(R~H(O BOUNOARY I MINNEHAHA CREEK WATERSHED DISTRICT P.O. Box 387, Wayzata, Minnesota 55391 BOARD OF MANAGERS: David H. Cochran. Pres. . Albert l. Lehman. John E. Thomas Michael R. Carroll. Camille D. Andre. James B. McWethy . James R. Spensley Permit Application No: 85-35 Date: April 23, 1985 Applicant/Owner: Roy Ahern 6449 Barrie Road Minneapolis, MN 55435 Location: City of Shorewooa, Sec. 36B8D, Christmas Lake Purpose: 50 foot lake setback variance Dear Mr. Ahern: At the regularly sCheduled April 18, 1985 meeting of the Board of Managers, the subject permit application was reviewea along with the following exhibits: 1. Permit Application 85-35. 2. Site survey Showi ng a 50' setback from the closest poi nt of a buil di ng pad to the water level on April 2, 1985. Survey prepared by M. Gronberg, P.E., dated April 2, 1985. The Board approved the permit application as submitted. This document is your permit from the Minnehaha Creek Watershed District. It is valid for one (1) year. If construction is not complete within one (1) year, an extension is required. Please contact the District at 473-4224 when this project is about to commence so an inspector may view the work in progress. EUGENE A. HICKOK AND ASSOCIATES En~2La;~'1U MiChael A. Panzer, P.E. ~ . ~pB/ar Date of Issue' cc: Board G. Macomber A<!pan Johnson ~ Nielsen, Shorewood bt Exhibit E-l WATERSHED DISTRICT VARIANCE . Certificate of Survey for Tingewood Construction, Inc. of Lot 11, Radisson Inn Addition .. ....i~:" ~ ,-) E.,..i!ot il1~ :..J Ho"'~e. r'l o N '.:; ~-. r'. o. ", '. . /. 'b'" /. 0.7 ro'? ,~;" .. ,11) ;" .\", ././ ~q<' +-~ ./ o't- '"?" ;" '(:o.~ v t>~ /. ~oo( <:;:) /: ";) ~~~ <.J:.>? c,v.. I hereby certify that this is a true and correct representation of a survey of the boundaries of Lot 11, Radisson Inn Addition, according to the recorded plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, and of the location of all bUildings, if any, thereon. It does not purport to show any other improvements or encroachments. Scale: Date o 1 inch ::: 40 feet April 2, 1985 '1'-"'1-6$ . I" lron marker ~'#"'J"<" r'*_ COFFIN & GRONBERG, INC. ~~~~~~,d-e,~~ r $. Gronberg Reg.. N~ 12755- Gordon R. Coffin Reg. No. 6064 Engineers and Land Surveyors Long Lake, Minnesota Phone 473-4141 ~~. IS,o 70 tt Exhibit E-2 . tt 1 June, 1984" 2 U 48:) Rao i ss;:>n ':)f")(.)I-eWood, MN 6 Inn Road 55.331 Mr. Brad Nielson Shorewood Building Inspector Shorewood City Orrices Country Club Road Shorewood. MN 55331 Dear Mr. Nielson. It has come to my attention that a request For a building permit on Lot 11 Radisson Inn Addition has recently been made. As one or many property owners witt, an ownership interest by easement across the whole of that Jot who has enjoyed its Free and unrestricted use For almost 40 years. I wish to make Objection to the authorizing of a building permit or any kind. to anyone. ror any purpose. without my written consent. Having communicated this same message to the Council. I trust you will not respond to the appl icants request beFore the city has had opportunity to give this matter a thorough review. yours, Oavid Walker' Exhibit F LETTER FROM DAVID WALKER Dated 1 June 1985 . . GLENN FROBERG ATTORNEY AT LAW 17736 EXCELSIOR BOULEVARD MINNETONKA. MINNESOTA 55345 TELEPHONE (612) 474-2100 To: Brad Nielsen, Planner From: Paul B. Ahern, FROBERG AND PENBERTHY, P.A. Re: Lot 11, Radisson Inn Addition, Christmas Lake Date: 4 June 1985 This concerns the proposed development of Lot 11 of the Radisson Inn Addition on Christmas Lake. Presently, the lot is subject to an easement over and upon said lot, existing in favor of all of the lot owners in the Radisson Inn Addition # for the purpose of ingress and egress to the bathing beach adjoining the said lot. Lot 11 is also a substandard lot of record because of inadequacies concerning the width and depth of the lot. The sole issue for the City of Shorewood is whether or not a building permit, for the construction of a dwelling, should be issued. First, because this is a substandard lot in a shore land ..._l.....____;__--L..- ~.. . . Addition. The City of Shorewood should only be concerned with whether it can issue a conditional use permit under its zoning ordinance. Nevertheless, my research on the issue indicates that a dwelling could legally be built upon Lot 11, as long as the dwelling does not obstruct access to the bathing beach adjoining Lot 11. Also, tbe dwelling must not limit the use of the beach as a bathing beach, or for the uses intended when the easement was granted. See, Chabot v. Paradise, 272 N.W. 2d 251 (Minn, 1978); Minneapolis Athletic Club v. Cohler, 287 Minn 254, 177 N.W. 2d 786 (1970); Bartlett v. Stalker Lake Sportmen' s Club, 283 Minn 393, 168 N.W. 2d 356 (1969); and Farnes v. Lane, 281 Minn 223, 161 N.W.2d 297 (1968). Exhibit G-2 .' .. WINTHROP, WEINSTINE & SEXTON ATTORNEYS AND COUNSELLORS AT LAW SHERMAN WINTHROP ROBERT R. WEINSTINE THOMAS J.. SEXTON RICHARD A. HOEL ROGER D. GORDON STEVEN C. TOUREK HART KULLER DAVID P. PEARSON THOMAS M. HART 1IC DARRON C. KNUTSON WENDY WILLSON LEGGE MARK ..J. BRIOL SANDRA J MARTIN MICHELE D. VAILLANCOURT JON J. HOGANSON PEGGY A. NELSON DAVID E.. MORAN, .JR. DONALD J. BROWN JAY R. NAFTZGER SCOTT J. DONGOSKE WILLIAM 0.. HITTLER ROBERT S. SOSKIN JEFFREY W. COOK 1800 CONWED TOWER TELEPHONE (612) 2$2 -8110 444 CEDAR STREET TELECOPY USl2) 292-5347 SAINT PAUL, MINNESOTA SSIOI July 10, 1985 Mr. Brad Nielsen, Planner City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Lot 11, Radisson Inn Addition, Christmas Lake Dear Mr. Nielsen: It was a pleasure speaking with you over the telephone on Tuesday, July 9. Thank you for providing me with information concerning the requirements necessary for an applicant to fulfill in order for that person to make application for a building permit on Lot 11. It is my understanding that in order for an applicant to proceed, the applicant must obtain a conditional use permit because of the substandard size of the lot and a variance for a setback from the lake. I would appreciate your informing me as to the subsequent course of action to be taken by an applicant upon receipt of both the conditional use permit and the variance. Does the matter then go before the city counsel as part of the formal request for a building permit? 1s the counsel bound by the granting of a conditional use permit and a variance to grant the building permit? May the counsel deny the building permit? If so, upon what grounds may it deny such a request? I am available to speak with you or meet with you at your convenience to discuss these matters. In the meantime, I shall speak with members of the Homeowners Association about my providing you with a copy of a letter I prepared concerning the effect of the easement granted in favor of the Homeowners Association over Lot 11 and the enforceability of that easement. Also, would you please provide me with a copy of two items referred to in your memorandum to t~e mayor and city counsel of June 21, 1985, the Watershed District variance to allow 50 foot lakeshore setback dated April 23, 1985 and the legal opinion from Mackall, Crounse and Moore, dated July 11, 1977. Exhibit H-1 LETTER FROM WILLIAM HITTLER Dated 10 June 1985 . . July 10, 1985 Mr. Brad Nielsen, Planner Page 2 Thank you for your cooperation in this matter. Very truly yours, WINTHROP, WEINSTINE & SEXTON .tJd:-~. (~ By: William D. Hittler WDH:kjh cc: Mr. Paul Seifert Mr. David Walker Mr. Russell Stuart Hart Kuller, Esq. Exhibit H-2 ~ .. . WINTHROP, WEINSTINE & SEXTON ATTORNEYS AND COUNSELLORS AT LAW SHERMAN WINTHROP ROBERT R. WEINSTINE . THOMAS J. SEXTON RICH...RD A. HOEL ROGER D. GORDON STEVEN C. TOUREK H"'RT KULLER D"'VID P. PEARSON THOM"'S M. HART :m D"'RRON C. KNUTSON WENDY WILLSON LEGGE MARK J. BRIOL S"'NDR'" J M...RTIN MICHELE D. V...,LL...NCDURT JON J. HOGANSON PEGGy.... NELSON DAVID E. MORAN, .JR4 DONALD J. BROWN JAY R. N......TZGER SCOTT J. DONGOSKE WILLIAM D. HITTLER ROBERT S. SOSKIN JE......REY W. COOK 1800 CONWEO TOWER TELEPHONE (612) 292 -8110 ............ CEOAR STREET TELECOPY (612) 292-9347 SAINT PAUL, MINNESOTA 55101 July 17, 1985 Mr. Brad Nielsen, Planner City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Lot 11, Radisson Inn Addition, Christmas Lake Dear Mr. Nielsen: As you know, I have been retained by the Radisson Inn Addition Association for the purpose of opposing issuance of a building permit for Lot 11, the Radisson Inn Addition. As I indicated to you over the telephone, I have a copy of the memorandum of June 4, 1985 regarding Lot 11 from Paul B. Ahern of the law firm of Froberg and Penberthy, P.A. addressed to you. I also indicated to you that I would consult with members of the homeowners association on the propriety 9f providing you with a letter I sent to them concerning the effect and enforceability of the easement over that property held by the homeowners. In the interests of brevity, I will summarize the letter and offer my comments on Mr. Ahern's memorandum of June 4. First, I believe that the homeowners are manifestly dedicated to preserving and protecting their property rights with regard to Lot 11. I was retained by the homeowners to assist them in asserting their rights following their discovery of an attempt by either the owner of Lot 11 or a developer/builder to apply to the City Council for a building permit. Second, as you may already know, Lot 11 was one of the original parcels of property formed in 1940 when Mr. Samuel Cohen divided his property and formed the Radisson Inn Association. Lot 11 was deeded to Mr. john Hayes, President of the homeowners association, for $1.00 with the intent that the property would be used as a means of access to the lake by the association homeowners., That intention was reflected in the express language of the easement contained in the deeds of the association members, specifically allowing access over and upon the lot for purposes of ingress and egress to the lake. From 1940 until 1961, the homeowners paid all assessed taxes and insurance charges relating to the property. In 1961, Mr. T. G. jerry Hayes, the son of Mr. john j. Hayes, and other children of Mr. john j. Hayes, inherited the property. After several transactions, Mr. T. G. jerry Hayes became the sole owner of the property. During the past 25 years, the residents holding easement rights have totally maintained Lot 11 by mowing the lawn. Exhibit 1-1 LETTER FROM WILLIAM HITTLER Dated 17 June 1985 . July 17, 1985 Mr. Brad Nielsen Page 2 .. . preserving the lakeshore and conducting necessary maintance work. Mr. T. G. Jerry Hayes subsequently sold the property in 1977 to Mr. Roy E. Ahern for the approximate sum of $12,000. A similar offer to purchase tendered by the homeowners was refused by Mr. Hayes. Members of the homeowners association have informed me that, pursuant to an advertisement placed in the Minneapolis Tribune on June 23, 1985, Lot 11 was advertised for sale for $100,000. The homeowner who made the telephone call inquiring as to the price of the property was informed that no easement existed burdening the property. With that background in mind, I would like to comment upon Mr. Ahern's June 4 memorandum. I do not possess sufficient knowledge to comment upon Mr. Ahern's discussion regarding the application for a conditional use permit as being a prerequisite to a building permit applicant's ability to apply for a permit, however, based on our previous conversations, it is my understanding that such an applicant would also have to apply for a setback variance because of the distance the proposed residential dwelling would be from the lake shore. It is my understanding that both the conditional use permit and the setback must be approved by the planning commission. I am most interested in attending any such hearing on these issues to ensure that all appropriate procedural and substantive requirements are complied with to the fullest extent. Please include my name on the required mailing list for all relevant Planning Commission meetings. Mr. Ahern's memorandum fails to address the issue of the effect the granting of a conditional use permit (and setback variance) would have in terms of an applicant's request for a building permit. It is the homeowners' opinion that issuance of a building permit is within the City Council's discretion, regardless of the applicant's compliance with whatever variances or setbacks. Again, please include my name on the mailing list of all relevant City Council meetings. In addition, members of the homeowners association have expressed their interest in appearing before the City Council and the Planning Commission to direct their concerns regarding the effect upon the value of th~ir property, the obstruction and interference with their easement rights that construction of a building would entail, and the likelihood that approval of a building permit application would necessitate the homeowners filing a lawsuit to enjoin its construction. With regard to the easement issue, courts look to the specific language of an express easement to determine its limits. In this case, the easement expressly grants the homeowners the right to have access to and from the lake across the entire portion of Lot 11. In such a situation, the holder of an easement is entitled to free and uninterrupted use and enjoyment of the entire easement area for the clearly expressed purposes of the grant. The purpose of the easement as created in 1940 was to allow the homeowners association to have free and unrestricted use of Lot 11 for enjoyment of the lakefront and lake area. In addition, an express definite easement, once defined, cannot be altered materially except by an agreement between the parties. Mr. Ahern states that his research on the issue indicates that a dwelling could legally be built upon Lot 11 as long as the dwelling does not obstruct access to the bathing beach adjoining Lot 11. That statement is unsupported by any of the research referred to by Mr. Ahern. The cases cited by Mr. Ahern do not directly support that statement nor do they contradict the proposition that courts are obliged to give full force and effect to the definite language of an express easement. Furthermore, none of the cases deal with the specific issue Exhibit 1-2 .. July 17, 1985 Mr. Brad Nielsen Page 3 e' fl' presented here, an attempt by the property owner to erect a dwelling upon a lot burdened by an easement running the length and width of that lot to the lake front area and used continuously by the easement owners for the purposes stated in the easement. I believe it is premature to expound in greater detail on these issues, however, I believe the foregoing establlshes that the property owner bears a substantial burden of showing that erection ,of; a residential dwelling will not interfere with the property rights held by the easement holders. The homeowners stand ready and willing to protect their property rights in this regard. I am available to discuss these matters with you further at your convenience. Please do not hesitate to contact me. Very truly yours, WINTU::j/Z&~ __ By: William D. Hittler WDH:kjh cc: Mr. Paul Seifert Mr. Russell Stuart Mr. David Walker Mr. Nick Watz Hart Kuller, Esq. Exhibit 1-3 ,...-.. . f . e . . REGULAR COUNCIL MEETING - 5 - JUNE 24, 1985 MURFIN PROPERTY SALE R. W. Reutiman asked if the Council had determined whether to buy a portion of the Murfin property (Village Pump) that adjoins the City property. Shaw moved, seconded by Stover, to table this issue until the next meeting and further information can be reviewed by the Council. Motion carried, 4 Ayes, - 1 Naye (Gagne). ATTORNEY'S REPORT SOLICITATION ORDINANCE DISCUSSION Attorney Froberg reviewed two types of Solicitation Ordinances. The Ordinance would prohibit solicitation but the resident would have to post a sign on their homes against solicitation. The second method would have the City regulating and licensing solici- tation within the City. Council had various opinions on what type they preferred. Questions on the city's liability and enforcement were asked. Haugen would like to discuss the Ordinance and enforcement at the July 8th Council Meeting and have the Police Chief report on the enforcement of this Ordinance. :\!ADISSON INN ADDITION - LOT~ 11 t A building permit application has been received for Lot II, Radisson Inn Addition. Due to the history.of this lot, the Council requested the developer to have a legal opinion done on the buildability of this lot. Attorney Froberg reviewed an opin- ion made by his assistant, Paul Ahern. He concluded that the lot was buildable if setbacks could be met and a C.U.P. could be ob- tained for sub-standard Lot size. Shaw moved, seconded by Haugen, to table until additional infor- mation can be obtained. Motion carried - 5 Ayes. Stover felt additional Attorneys' opinions should be requested. INTERIM ZONING ORDINANCE DISCUSSION Attorney Froberg called attention to the fact that the ne~ Interim Zoning Ordinance does not prohibit the sale of adjoining substan- dard lots under the same ownership as the previous Zoning Ordinance did. Stover moved, seconded by Gagne, co direct the new draft of the Subdivision Ordinance to include prohibiting the sale of substan- dard lots listed under the same owner. Motion carried. APPROVAL OF INTERUM ZONING ORDINANCE SUMMARY 'I Gagne moved, seconded by Stover, to approve the Interim Ordinance Summary of Ordinance #168 and direct the summary to be officially published. Motion carried - 4 Ayes, 1 Naye (Shaw). Att tJCi\rf\t 1\ t 1- - ,., ;' . 'a~. . . . ( . .r REGULAR COUNCIL MEETING - 7 - JULY 22, 1985 PETITION OPPOSING HELIPORT A petition has peen received signed by 24 of the residents of Shady Island, stating their opposition to the installa- tion of a heliport at 5000 Shady Island Point. Nielsen has sent a letter to the applicant informing him that the City Ordinances do not allow heliports. He has not received any further communications from applicant to date. COUNCIL BREAK - 10;25 PM - 10:30 PM STATUS REPORT - LOT 11, RADISSON INN ADDITION Attorney Penberthy reviewed for the Council the legal opinion drawn by his associate Paul Ahern, on the builda- bility of Lot 11, Radisson Inn Addition. Attorney Ahern felt the lot could still be buildable and still provide for easements to the bathing beach. City has indicated that the lot is currently non-conforming because of the lack of square footage required by the zoning. Residents in the area were present to express their concerns that this property remain as it has in the. past. Paul Siefert explained that this lot currently is used for park and beach use by approximately 30 or more surrounding residences thorough easements granted to them in their deeds. These easements were granted to all of the lots within the Radisson Inn Addition in 1940 . ,The property was later turned over to a caretaker (Mr. Hayes) for $1.00. The property owner's later formed an Association. Gerry Hayes had agreed to sell the lot to the Association for $1.00 but sold to Roy Ahern for a reported cost of $13,000.00. Concerns were also heard from David Walker, Carol Seifert, Ralph Olmstead, Paul Albrecht, Phylis Burns, and Russ Stewart. The residents feel they have a right to continue the use as given in their deeds and a home on that site would prohibit that use. They also feel that there may be some misinformation given to prospective buyers by not being told about the easements. Haugen would like to see all information given to the Planning Commission prior to their acting on this issue. .., '" . ...~ ,.-... i ( CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY~ AUGUST 6. 1985 it it COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM . M I NUT E S CALL TO ORDER Chairman Leslie called the meeting to order at 7:30 PM. ROLL CALL Present: Chair Leslie, commissioners Spellman, Benson, and Schultz; Planner Nielsen and Deputy clerk Niccum. Commissioner Reese (late) Absent: Commissioner Watten (ex) APPROVAL OF MINUTES Spellman moved, Benson seconded, to approve the minutes of July 16, 1985 as amended. Motion carried unanimously. 7:30 PUBLIC HEARING-CONDITIONAL USE PERMIT AND SETBACK VARIANCE ( ote- ont1nuat10n 0 u 1C ear ng was ecause tea notified before TDe-Public Hearin~-they have now been notified. Mr~ Ahern was pre~ent fo state he wishes to build a single-family home on the property. He said he has worked with the Planner to make sure everything is correct on the house plan, survey, energy calculation, etc. Planner Nielsen said because the lot is substandard a conditional use permit and a 10 foot lake setbackl:llap~~uired. All Radisson Inn Addition residents have easements over the property. The City Attorney's advice was that the easement problem is a private matter between the residents and the owner, and the Commission can only discuss the conditional use permit and variance. Brad said according to Section 200.03 Subd. 2C (3) and Section 200.26 Subd. 5 b, relating to allowing a building permit on a substandard lot (15,670), the following 4 conditions comply: 1. The ,lot is separately owned. 2. The lot exceeds the width requirement by 10 feet and the area of the lot is 78% (15,670 square feet) of the 20,000 square foot requirement. 3. All setbacks are met due to the fact that (Section 200.26 Subd. 5 a) "Where development exists on both sides of a proposed building site, building setbacks may be altered to more closely conform to adjacent building setbacks" (allowing '63 feet). 4. The ratio of the proposed structure to lot area is 9%, not exceeding the 30% limitation. ( ~tt~rw\t.t\t 3 ( ... ( ( . e' PLANNING COMMISSION MINUTES AUGUST 6, 1985 page two RESIDENT COMMENT DAVID WALKER - 20485 RADISSON ROAD Why was lot 11, the only lot without a home on it, given easement? To provide access. The homeowners have maintained the property. If Mr. Hayes can't build on it, why can someone else? I submitted a bid for $13,000, asked for the lot and was turned down. The City has a choice, they can grant the permit and be taken to court or deny the permit and Mr. Ahern will probably take them to court. The City should support its residents. I can't believe anyone would want to move into a neighborhood knowing they'd be the most despised person in the neighborhood. GERALD HAYES - 5550 SHORE ROAD Lot 11 was owned by my family and they chose not to build a house on it. The people of Radisson Inn Addition were given three weeks to bid on the property. Mr. Walker's bid for $13,000 came in after the three week period, The property was sold to Mr. Ahern for $13,100. The use of the lot, as far as picnics, sports, & boat anchorage was the owner's choice. Boat anchorage has not always been allowed. When the property sold, the taxes were $700. ROBERT SEGAL - 20555 RAPISSON INN ROAD Mr. Segal said you can't get a conditional use permit or variance just by asking for it. He expected both sides of the argument to be related by the City and was disappointed to only hear one side. He referred to 200.03 Subd. 1, dealing with "Non-conforming Buildings, Structures, and Uses", saying there are certain things you have to comply with. This includes the asthetics, character of adjacent property; by putting a home on Lot 11, the view of several residents would be obstructed, the character of the zone would be changed. As Mr. Walker pointed out, the easement, not described as a co~ridor, is written into everyone of 26 deeds. The garage on the Hayes property obstructs parking on what is supposed to be an open road, I wonder if it would be wise to make a mistake twice~ Is this family dwelling for profit"or is Mr. Ahern going to live in it personally? If a home is now put on that property, the gentleman has paid a $12,000 tax base for 10 years, a $1 tax base for the preceding 30 years. Every home in the adjacent area, probably all 26, will lose money, and the City of Shorewood presumably would lose a quarter of a million dollars in " . i PLANNING COMMISSION MINUTES AUGUST 6, 1985 ( page three ROBERT SEGAL - 20555 RADISSON INN ROAD (Continued) their tax base in order for Mr. Ahern to have a home he mayor may not live in. MRS. SEGAL 1 feel that the tax values of our houses have been increased due to this lot and 1 feel we have helped to pay for this lot. MR. AHERN - OWNER OF LOT 11 I'm not a developer, and never have been in tbe real estate business. The house is for my personal use. 1 feeltbat I'll pay more taxes and create more money for tbe City. RUSS STUART - 20505 RADISSON INN ROAD This lot has been advertised in the paper for $100,000. If Mr. Ahern paid $13,100 for it and is going to live on it, wby is it advertised? It doesn't make sense. ( FRED GARCIA - 20430 RADISSON INN ROAD It is nice to have the parklike property there. It was used as a selling point when the 26 lots were sold. It will change the character of the neighborhood and devalue our property. PAUL SEIFERT - 5515 RADISSON ENTRANCE Mr. Seifert presented a letter written on bebalf of the Radisson Inn Association (see attachment). Mr. Seifert commended Brad and the Planning Commission on the jobs they are doing. He feels that the existing homes on either side of Lot 11 were built when no setbacks were required, and that a new house should have to follow the 75 foot setback. He said according to Frank Fallon, President, the Christmas Lake Association supports the Radisson lnn Association very strongly. Gary Mize asked me to speak for him also. MR. AHERN - OWNER OF LOT 11 ( The land has been used improperly by people in the past. Because of this. they think they should get some use of it in the future. The land is registered land, torrenized, and 1 don't believe there's any time limit on ......... ,....... ... . ~~. ( << ( . . PLANNING COMMISSION MINUTES AUGUST 6, 1985 page four MR. AHERN - OWNER OF LOT 11 (Continued) land use. I'm requesting the variance because the law $aYs its allowable. The lot on one side, and the lots behind the property are all smaller. PAT AUBRECHT -20575 RADISSON INN ROAD We understood that the road extended across Lot 11. Eventually, we plan to put a foundation under our house and planned to bring necessary mach- inery in by this route. JOE JOYCE - 5550 SHORE ROAD Mr. Joyce is Mr. Hayes' brother-in-law. He served as treasurer of the family investment company. He said a substantial portion of the expense and taxes were paid by the Hayes family. If the variance is not granted, who is going to pay yearly expenses of approximately $2000, and what are you going to let Mr. Ahern do with it? ROBERT SEGAL This property was originally purchased to enhance the sale of 26 other lots. If that lot is changed it will severely damage everyone of the other 26 lots. Maybe a solution would be for Mr. Ahern to talk to the 26 other families and set up some kind of accommodation. DONNA WATTS - 20520 RADISSON INN ROAD Mr. Ahern offered to sell the lot to her father for $100,000 in a recent telephone conversation. COMMISSION DISCUSSION Spellman asked, why couldn't lot be set back 10 feet further so it would meet requirements? Planner Nielsen said it would not meet requirements. It would then need a variance on the street side. Leslie asked what the numbers are. Planner Nielsen said 25' or more side setbacks, a 35' front setback and a 65' back setback. Schultz to Mr. Ahern recognIzIng the conflict here, have you considered having the courts decide what the deeded easement rights are before coming to the City? co . , ( . . . PLANNING COMMISSION MINUTES August 6, 1985 page five COMMISSION DISCUSSION (Continued) Mr. Ahern said the City Attorney, who was Attorney at time of property purchase, told him the land was buildable. If I have to take it to court in order to build a house on it, I will. If the variance is the only problem, I can come up with a modified or different house plan. Schultz - Do you have any problem with the Planner's recommendations? Ahern - I am willing to go along with all of them. Schultz moved, Benson seconded, to continue the Public Hearing, leaving it open for public diSCUSSion, until August 20, 1985. Motion carried unanimously. Commission informed residents that they will not receive another public notice. 7:45 PUBLIC HEARING - CONDITIONAL USE PERMIT AND SETBACK VARIANCE PAUL NELSON - 27120 EDGEWOOD ROAD Mr. Nelson appeared to request permission to build a "mud room" on the east side of his house. The addition would increase the non-conformity. He said the room would be 4'10" wide without the variance and he felt this was too narrow. He said the neighbors approve. The public portion closed at 9:06 PM. Planner Nielsen said he does not object to the length being longer. Spellman moved, Benson seconded, to recommend to Council to approve the conditional use permit and to deny ~he variance. Motion carried unanimously. APPROVAL OF MINUTES - JUNE 18, 1985 COMMISSIONER REESE ARRIVED AT 9:08. Spellman moved, Reese seconded, to approve the Minutes of June 18, 1985 as written. Motion carried unanimously. 8:00 PUBLIC HEARING - CONDITIONAL USE PERMIT AND SETBACK VARIANCE JOHN MEADER - 24425 SMITHTOWN ROAD Mr. Meader was present to state he wishes to use the existing building and canopy to build a carwash. Spellman moved, Schultz seconded, to recommend to Council to deny the request. Commission discussed use of site, it is appropriate? Commission agreed it is. Benson and Reese felt redesign could make it safer and prevent stacking problem. ,f fl' ( PLANNING COMMISSION MEETING AUGUST 20. 1985 page four Lisa Wendt - 23735 Gillette Curve - suggested leaving the Ordinance but allowing conditional use permits for a three year period, if there were no objection within that time, the permit could be renewed at the end of the three year period. Planner Nielsen said a conditional use permit sounded better than avariance. If we could sit down and figure out under what circumstances it is okay to have one and what kind of conditions on the site have to exist. Planner Nielsen said the next step is to get the survey from other Cities, put some of the comments discussed into the ordinance, and see if we can lIOdify it. Ylanner Nielsen informed the residents that they are alwayswelc~to e~ into City Hall, look over the IUlterial and ask questions. PUBLIC HEARIN - CONDITIONAL USE PERMIT AND VARIANCE - CONTINUED FROM 6 AUGUST ROY AHERN - 5540 SHORE ROAD (LOT 11) The reason for the continuation of this hearing is that a letter had to be sent to the DNR. Planner Nielsen sent the letter, and talked to Judy Boudreau of their office. She turned it over to DNR attorneys , who decided they have no opposition to the conditional use permit or the variance, and that the easement question should be a separate issue. They will send a letter as a follow-up on this. ( Mr. Ahern presented a new plan for a very contemporary structure that would fit upon the lot without a variance. He is still requesting the variance, he said he talked to a couple architects and they said the house would have to be angled and that's why the contemporary home had been designed. He would prefer to build the house on the first plan he presented. Dr. Robert Segal - 20555 Radisson !un Road said he lives directly behind Lot 11. He reviewed the information presented at the last meeting. He also mentioned some things that were not brought out at the last meeting. He said Mr. Seifert had approached Mr. Ahern shortly after he bought the lot and offered him significantly more than Mr. Ahern had paid for the lot, Mr. Ahern said he would not sell the lot for less than $80,000. The homeowners in the area have paid insurance, maintained the lot and the lakeshore. Mr. Ahern had offered to sell the lot to two local residents for $100,000. The offer was withdrawn when they identified themselves as local residents. ( He feels that no structure should be built on the lot, that it would obstruct the view of several homeowners, affect the value of their homes, and that the City should consider the 26 present residents before they approve the building of this house. Paul Aubrecht - 20575 Radisson Road said he lives adjacent to the lot, and felt they could buy their home with some assurance that no home could be built on the lot because it was too small, and said he would like to see the Planning Com- mission enforce its own rules. He brought up the comparison between this and the previously mentioned Recreational Vehicle and Equipment Ordinance which referred to obstruction of view. ( <do ( ( .r .- PLANNING COMMISSION MEETING AUGUST 20, 1985 page five Mr. Ahern said he does meet all the requirements for a conditional use permit, and feels it should be granted. He asked Planner Nielsen for verification of this. Planner Nielsen said he does meet all the conditions. Barbara Segal - 20555 Radisson Inn Road asked if the design of the home could be controlled by the City. Planner Nielsen said the City cannot interfere with design as long as it meets the requirements. She asked about the vegetation. Planner Nielsen read the section on removal of vegetation in the Shoreline Ordinance. Robert Segal referred to Section 200.03 on the size of the lot,depreciation of the area in which it is proposed. Referring to the variance, unreasonably diminish or impair established property values in the neighborhood. He said he cannot believe anyone on the Commission can believe it would enhance the value of his property. Russell Stuart - 20505 Radisson Inn Road asked if this house gets built, does the City change our deeds or what to give us a pathway to the lake or do we walk through his living room or what? Our deeds read over and on this lot, it doesn't refer to a certain section of the lot. Chair Leslie said that is what the residents will have to figure out, the City can't. Phyllis Burns asked what the tax assessor is going to do when he comes around. The Public Hearing was closed at 9:00. Spellman moved, Benson seconded, to recommend to Council that the variance be denied. Roll call vote - Reese-nay, Spellman-aye, Leslie-nay, Benson-aye, Mason-aye, Schultz-nay ---this resulted in a tie vote, therefore, the Planning Commission neither recommends nor denies the variance. Reese moved, Schultz seconded, to recommend to Council that the conditional use permit be approved contingent upon the three following recommendations of the Planner: 1. Existing site vegetation should be shown on the site plan. selective cutting of trees and underbrush will be allowed. removal of any existing vegetation it should be marked and ensure compliance with the Ordinance. Only Prior to inspected to 2. The grading plan should be subject to review and approval of the City Engineer. The grading plan must be modified so that no grading occurs within 20 feet of the normal high water mark. -' ( ( ( r .r . PLANNING COMMISSION MEETING AUGUST 20, 1985 page six 3. Erosion control must be provided during construction. Erosion control methods should be shown on the grading plan and approved by the City Engineer. Roll call vote: and Mason-aye. SChultz-aye, Reese-aye, Leslie-aye, Benson-nay, Spellman-aye, Motion carried 5 ayes, 1 nay. MATTERS FROM THE FLOOR Fire Lanes - Chair Leslie asked when fire lanes are going to be discussed. Planner Nielsen said they will be discussed at an upcoming study session; he will let the COIIIIIission know. REPORTS Council Liaison gave the Council Report. Deputy Clerk Niccum gave the Park Report. ADJOURNMENT Benson moved, Reese seconded, to adjourn at 9:50 PM. RESPECTFULLY SUBMITTED, Sue Niccum Deputy Clerk 0.. " . . HAMLlNE UNIVERSITY SCHOOL OF LAW FACULTY OFFICE (612) 641-2081 STATEMENT OF PROFESSOR.KENNETH SALZBERG I am a professor of real property at Hamline University School of Law and have been teaching real property for the past 12 years. It is my opinion that a parcel of real property which is subject to a permanent easement over and upon the property for ingress and egress to a bathing beach and which is subject to no additional land use restrictions is not rendered thereby unbuildable. If the grantors had wished to limit the use of the parcel so as to prohibit the construction of a house, different and more explicit restriction would be necess~ry. Had the grant included in writing a restric~e covenant, a deed in trust, a conveyance in joint tenancy, an establishment of common property by and for a home owners' association, or a limitation to use the property as an outlot, the parcel might have been rendered unbuildable. As it is, if the dominant and servient estate holders cannot agree, a court would limit the easement in the deed to a reasonable size and location on the lot and to a use not unduly restrictive of the servient estate. 1536 HEWITT AVENUE ST PAUL, MN 55104 Kenneth Salzberg Associate Professor of Law J.d-t I)Lh~t\ t 4- ... . . .l; STATE OF MINNESOTA ) .') ss. COUNTY OF HENNEPIN ) AFFIDAVIT OF THOMASG. .HAYES Thomas G. Hayes, being duly sworn on oath, deposes and says: 1. Prior to 1977, I was the record owner of a parcel of real property known as Lot 11, Radisson Inn Addition, which is situated on Christmas Lake in the City of Shorewood, Minnesota. 2. iA6< In 197~ I aold fee title to the above-mentioned real estate to Mr. Roy E. Ahern for the approximate sum of ~12,OOO: I Jj ~ h!3/0e>~ r:o / 3.I never told Mr. Ahern that Lot 11 was not buildable property or that anything stood in the way of constructing an improvement to the property pursuant to the Zoning Ordinances of the City of Shorewood. 4. I never told Mr. Ahern that the property was subject to any restrictions outside of the easement for in9ress and egress to the bathing beach on Christmas Lake. 5. To the best of my knowledge, Mr. Ahern. has never known or believed that Lot 11 was not buildable or was subject to any restrictions outside of an easement for ingress and egress to the bathing beach on Christmas Lake. Further Affiant sayeth not. ~J{~ Thomas G. Hayes jr r #l ..... WILLIAM CREAR, III 6 .."" _K _."...... . HENNEPIN COUNTY Mv cemml-.ion upi,.. Dec. 19, 1990 ~, , I Id.1 14 . '" ~ BURNET REALTY, INC. EXI 'EI.SIt '/IlIFF/( "I' lR Willi" SIr('(" . Exn'.",or MII1I\('",...1 :;:;.'.11 II,I.!' ..;.. .!.';.!_, October 31,1979 ...,-_.^~.._-..,._...- Dear Neighbors: Mr. T. Gerald Hayes has requested that I contact the off-shore and neighboring home owners of the Radisson Inn Addition to inform you that he has placed Lot 11 of the Addition on the market for $13,000. ", I am aware of the "easement over and upon the property for the purpose of ingress and egress to the bathing beach adjoining said Lot Eleven, Radisson Inn Addition. II A full explanation of this easement will be given to all prospective buyers. Mr. H~es felt that Radisson Road neighbors should have first priority. All offers submitted before November 15. 1979, at 5:00 P.M. will be considered. If you have any questions concerning this, or any interest in purchasing Lot Eleven, please contact me as soon as possible. t <~J\t;iddk~ Nancy Middleton Realtor Associate BURNET REALTY, INC. 28 Water Street Exce 1 s i or, r1n. 55331 Bus: 474-2525 Res: 475-3900 . . Cop4.es to ~ Let ill (, A " Wa(Ref$ , t..Dt r - StL4af{s LDt8 ~ W"t~ Lotq ~ SWt1S l'..ot '0- Joh"~hS t:.ot i~4 f!- Courtw-c.. Lot ~~ (pat'Cet:s) "1ad:(.t'Is .~t ~1. -Pe.i!~8"rnet ~~, ,O'~Ot'l5 "<<r..~.....~i~.:.~~,~~o.~o.... ~:~:a2:~~~~..... "....... Nfwthwt-!tl Suh..rhnn- .......,.... ~. "UU'fl...wn.n~""'L'''''' W~ltU".... "'".... .".,............. \\.......n . ...,........,.... t" N.. .......... "arrw............".Otc.. A.t'nn...,".....~(~,u."."...,,,. "Ii, '''fl.d'..'''''..".,.,... ,."'...'...,.'''''.........".,.,..,.... ..'."........'..".......".... f..,'....H.. '"H''''''''''' fi.."",."...., ....".. ,-,.."'''" ,.... . ''''If--nv .."w.,.'",,""'" ,..,...u..".... "uu..,.".... ~~' . . REGULAR COUNCIL MEETING - 2 - August 26, 1985 . . PLANNING COMMISSION REPORT (CONTINUED) on the Garbage Control Committee. Stover referred to the Planning Commission minutes of August 20, 1985 for further information. PARK COMMISSION REPORT Committee members Kooi and Carl were present to request the Council to direct the Engineer and City Staff to proceed with plans for the grading of Freeman Park. The Park Commission has been offered approximately 12,000 yards of fill from the Shorewood Oaks project. The contractor is willing to do the grading of the fill free of charge. The improvements would include a new ballfield, soccer field, two parking areas and a new driveway entrance. The final finishing of the Babe Ruth field will be done as a Hennepin County Vocational Project, and funds up to $10,000.00 have been offered by the Tonka Men's Club. Carl felt that this would give the City $100,000.00 worth of work completed for $10,000. He felt the Park Commisssion would be more than willing to change their present priorities and allocate their money towards Engineering expenses for this project. . Council questions possible ways to be insured good fill quality and the quality of the work that would be received. Gagne moved, seconded by Shaw, to direct the Engineer and Staff to proceed with plan revisions and staking of the property immediately, and that a memorandum be drawn and signed by the contractor, stip- ulating project plans. Motion carried - 5 Ayes. C.U.P. AND SETBACK VARIANCE - ROY AHERN Mr. Roy Ahern presented his request for a C.U.P. permit to build a 15,670 square foot lot in a R-1C zoned area requlrlng 20,000 square feet and a setback variance of 65' from the lake. The lot is located at 5540 Shore Road. Hr. Ahern feels that he should be granted the variance because his first plan was submitted prior to July 1st when the Ordinance requiring only a 50' setback was in affect. He also feels the 65' setback would have his home in line with the homes on either side. Planner Nielsen indicated that Mr. Ahern has presented a new plan of a contempory design that would not require a setback variance. This plan is not preferred by Mr. Ahern. c A very lengthy discussion followed in referance to the easement over Lot 11, Radisson Inn Addition, granted to the off shore property owners of the Radisson Addition. Comments were taken from J\it~c.hmf.t\t S- ., . . REGULAR COUNCIL MEETING - 3 - AUGUST 26~ 1985 f C.U.P. AND SETBACK VARIANCE ~ ROY AHERN (CONTINUED) residents, Paul Seifert, David Walker, Robert Segal, John Burns, and others reviewing the history and their opinion of the original intended use of Lot 11. The attorney for the Homeowners Association, Robert Soskin, did not feel the lot was intended to be built on and that the easements were granted over the entire lot not just a restricted portion of that lot. City Attorney Froberg's opinion is that the lot was a buildable lot if it can meet the requirements of the zoning district. Residents stated that the Council has denied variances for building additions in the area and felt that they should also deny this request. They feel the valuations of their property will all go down if this property is not allowed to remain as it has been for the past 40 years. This has been used for picnics, swimming, boating, and family gatherings. Stover questioned the definition of "a lot of record" and "intended for occupancy" and how were "Outlots" referred to in very old plats. Attorney Froberg did not know how Outlots were indentified in 1930 plats and also did feel that zoning definitions of "types of lots" could be interpreted in various manners. DENIAL OF VARIANCE - ROY AHERN RESOLCTION NO. 68-85 Stover moved, seconded by Gagne, to deny the variance due to the submittal of a plan by the applicant that proves that a variance for setback is not needed. Denial approved by roll call vote - 5 Ayes. DENIAL OF C.U.P. - ROY AHERN RESOLUTION NO. 69-85 Shaw moved, seconded by Gagne, ,to deny the request for a C.U.P. to build, and to direct the Attorney to draw Findings of Facts in this matter. Resolution was denied. 3 Ayes, 2 Nayes (Rascop and Haugen) by roll call vote. COUNCIL BREAK - 9:42 P.M. - 9:48 P.M. C.C.P. - CREPEAU DOCKS A request has been received from Mr. Crepeau and his attorney for an extension of time to submit signage information and a boundary survey. Gagne moved, seconded by Stover to continue the existing C.U.P. until the September 9, 1985 Council meeting. Motion carried - 4 Ayes, 1 Nay (Haugen). DONATION OF LAKE ACCESS - CHRISTMAS LAKE ASSOCIATION A proposal to donate a lake access and site plan was presented to the Council by the Christmas Lake Association. This site would consist of 3 car/trailer parking spaces, 10 additional car spaces, , , " e e( f REGULAR COUNCIL MEETING FINDINGS OF FACTS - LOT 11, - 4 - SEPTEMBER 9. 1985 ~;J ( 0A lL--tt /, 'i RADISSON INN ADDITION RESOLUTION NO. 68-85 & 69-85 City Attorney Froberg read Resolutions No. 68-85 & 69-85, the Findings of Facts, to the Council and audience. These resol- utions contain denials of a setback variance and C.U.P. "' Mr. Roy Ahern and his Attorney, Mr. Seamore Mansfield submitted exhibits in support of their explanation as to why they feel their request for a variance and a C.U.P. should be granted as requested. The exhibits consist of a Certificate of Survey (with elevation lines), real estate listing sheet, copy of a letter to neighbors offering Lot 11 for sale, Hamline University opinion letter and affidavit of Thomas Hayes. They feel No. 9 and 10 of the Findings of Facts should be strick- en because they felt that they were not asked to submit a ' Shoreland Impact Plan. Mansfield asked if the survey,just sub- mitted, sufficiently protects the shoreline. If the staff needs time for review of the plan, they would like a postponement of denial until the plan can be commented on. Haugen informed the audience that the meeting was being taped by an associate of Mr. Ahern's. Engineer Norton was submitted a grading plan just prior to the meeting. Assuming many things, the Engineer stated that the plan may be alright for a single family lot. Ahern is willing to allow additional time for staff review, if the denial will be deferred. Haugen felt Mr. Ahern should have obtained the necessary Ordinance to than know what was necessary for him to submit the proper documents to substantiate his request. Mr. Ahern felt that he has submitted the necessary documents in a timely manner, and did not feel that these documents were necessary' prior to the public hearing. Mansfield referred to Attorney Froberg's opinion that stated the lot could be buildable if the setbacks could be met. Ahern and hi s At tornev do fee I the lot is a "lot of record" wi th the intent to be built upon. When the 1940 plat was filed, there were ways of restricting lots so they were not buildable, but this was not done on this' lot. Council feels that the lot was meant for the use of the off shore lot owners. , Stover stated that the ;ob of the Council is to interpret the Ordinance, specifically"the statement of "lot of record". Shaw moved, seconded by Gagne, to accept the Finding of Facts within Resolutions No. 68-85 and 69-85. Motion carried - 5 ayes. 1":..., , - -/"'-. . (' . RESOLUTION NOS. 68-85 b 69-85 WHEREAS, Roy Ahern has applied for a shore line, setback variance and a conditional use permit to construct a single-family residence on property located at 5540 Shore Road, Shorewood, Minnesota, legally described as: Lot 11, Radisson Inn Addition; and WHEREAS, public hearings were held before the Planning Commission on August 6 and August 20, 1985, at which time the applicant submitted_ an alternative plan for a contemporary residence which could be constructed upon the property without a variance: and WHEREAS, the Planning Commission, after hearing the arguments of the applicant and the comments from the floor, voted to neither recommend nor deny the variance and voted to recommend approval of the conditional use permit; and WHEREAS, the matter was heard before the City Council at their regular meeting on August 26, 1985; and WHEREAS, the City Attorney was directed to draft a formal resolution denying the variance and the conditional use permit. ~OW, THEREFORE, BE IT RESOLVED BY THE CITY COU~CIL OF THE CITY OF SHOREWOOD AS FOLLOWS: FINDINGS OF FACT That the property described as Lot 11, Radisson Inn Addition, is located in a Shore land District of the City wherein th~ minimum setback from normal high water mark is 75 feet. 2. That applicant has requested a variance from the setback requirement, claiming a hardship on the bas~s of his ~nabilit~ to construct a building within 1akcshore setback requirements. 3. That applicant has submitted an alternative plan for the construction of a contemporary residence which, in fact, meets all of the setback requirements of the Shoreland District. 4. That applicant has not met his burd~n of establishing "undue hardship" to the extent thJt he has failed to show that the ~~o~~~t; l~ question could not be put to a redsonaLlc use if used In--:c'l ,',;C ;itions ,1lIoVlL'cl by the' Shurl'L1nd sl'tbac", l-cquircments. AttD.c.hML"-\ ~ .' (.' . . 5. That said Lot 11, is a substandard lot in that it contains approximately 15,670 square feet and is located in a district of the City zoned R-1C, Single Family Residential, which requires a minimum of 20,000 square feet. 6. That said Lot 11 is registered land and is burdened by an easement which reads as follows: "A permament easement over and upon said Lot for the benefit of alL of the owners, their heirs and assigns, of the Lot of said Radisson Inn Addition for the purpose of ingress and egress to the bathing beach adjoining said Lot 11, Radisson Inn Addition." and that said lot has been used for such purpose by the owners of the adjoining lots since the creation of the easement. 7. That Shorewood Ordinance No. 168, Section 200.26, Subd. 5-b, makes the following provisions for construction on substandard lots: "b. Substandard Lot. Any lot of record filed in the office of the Hennepin County Registrar of Deeds on or before the effective date of this Ordinance, which does not meet the area requirements of this Ordinance may be allowed as a building site subject to approval of a shoreland impact plan and provided: (1) The lot meets all standards of the applicable zoning use district. / (2) The lot is in separate ownership from abutting lands. (3) Except for lot area, all other sanitary and dimensional requirements of the Shore land District are complied with insofar as practical (seventy [70%] percent width and area requirements)." 8. That a "lot of record" as defined by said ordinance is a lot "occupied or intended for occupancy by one (1) principal building, or principal use together with any accessory buildings..." (' . . 9. That Subd. 6-a sets both the following requirements for development: ""'" "a. Landowner or developers desiring to develop land or construct any dwelling or any other artificial obstruction on land located within any Shore land District within the City of Shorewood shall first submit a conditional use permit application as regulated by Section 200.04 of this Ordinance and a plan of development hereinafter referred to as "shoreland impact plan", which shall set forth proposed provisions for sediment control, water management, maintenance'of landscaped features, and any additional matters intended to improve or maintain the quality of the environment. Such a plan shall set forth proposed changes requested by the applicant and affirmatively disclose what, if any, change will be made in the natural condition of the earth, including loss or change of earth ground cover, destruction of trees, grade courses and marshes. The plan shall minimize tree removal, ground cover change, loss of natural vegetation, and grade changes as much as possible, and shall affirmatively provide for the relocation or replanting of as many trees as possible which are proposed to be removed. The purpose of the shoreland impact plan shall be to eliminate as much as possible potential pollution, erosion and siltation." 10. That applicant has failed to submit a "Shoreland Impact Plan" as required by the Shore land Ordinance No. 168, Section 200.26, Subd. 6-a.. 11. That it appears 'from the language of the easement recorded against the property and the testimony of the adjacent landowners that the lot was originally intended as a lake access lot and not as a lot for the construction of a building. 12. That the lot does not qualify as a "lot of record" pursuant to the provisions of Ordinance #168, Section 200.26, Subd. 5-b, relating to construction on substandard lots. 13. That the applicant's proposed use of the property for the construction of a private residence is not a suitable use, taking into consideration the nature of the adjoining land and the effect such use would have upon the general welfare, public health and safety of the community. .. (" . .( CONCLUSIONS That based on the foregoing, the City Council of the City of Shorewood hereby denies applicant's request for a variance and a conditional use permit for the construction of a private residence on Lot 11, Radisson Inn Addition. ADOPTED ~Y THE JiITY COUNCIL OF THE CITY OF SHOREWOOD this d4~ Uay of {/.('!""'f--' 1985. ..- . (. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY. DECEMB~R 16. 198~ page four REQUEST FOR RECONSIDERATION - ROY AHERN /, " ~ .:) '-/ t V:i~'L-L Jc~ A written request for reconsideration was received from Mr. Ahern regarding the denial ofa C.U..P. to build on Lot 11, Radisson Inn Addition. He would like the issue of the nonsubmittal of the Shoreland Impact Plan with the application be stricken from the denial Resolution. This would then enable him to resubmit his C.U.P. application prior to the end of the 6 months waiting period required by Ordinance. . Haugen moved, seconded by Gagne, to uphold the 6 months waiting period rule, this will enable Mr. Ahern to reapply in February. Motion carried - 5 ayes. POLE BARN REQUEST DENIED - JANE KLINE Jane Kline of 5990 Strawberry Lane requested the Council to allow her to construct a metal pole barn on her property for the purpose of a horse bar~. She meets all setbacks and contends that the lower cost, mat:hing color to home, guaranteed paint color, fire safe, maintenance free and the fact that the horses can not eat metal are her reasons for requesting the Council to allow her to construct a p~le barn. The current City Ordinance does not allow metal pole barns and the Building Inspector has denied her a building permit for that reason. Mark Vorate,a friend of Ms. Kline, spoke in agreement with ter~ He felt that if constructed of wood, it still was a pole barn regardless if it were metal or wood, this metal should be acceptable. Stover moved, se20nded by Gagne, to uphold the denial of the Building Inspector to iss~e a building permit for a metal pole barn. Motion carried - 5 ayes. EXTENSION OF INTERIM ZONING ORDINANCE RESOLUTION NO. 95-85 Planner Nielsen requested a 90 day extension of the Interim Zoning Ordinance in order to complete the necessary revisions to adopt a final Zoning Ordinance. After discussing what is necessary for completion and hearing dates, a 120 day extension seemed necessary. Stover moved, seconded by Gagne, to extend the Interim Zoning Ord- inance for 120 days. Motion carried by Roll Call Vote - 4 ayes 1 abstain (Rascop). ATTORNEY'S REPOR7 ---------------~- Q?~Q?:g~_~~l!~~!:~!:~~_Q~~~~?:~~~_=_~~~~Q~_Re?:diQg Council reviewed the Garbage Ordinance and made changes n the areas of container sizes, exempts of dumpster under spec fic provisions of temporary use. A-ttOl"hrl'e t'\ t 1 ~ ~ ~ :> -+ \>> .Q /5,(." 70!: 51.!1: house Clrea /405t.sq.r+. ~ "I.. ~ . Certi ficate of Survey for Ro y E. A her n of Lo t 1 1, RA D I S SON INN ADD I T ION Hennepin County, Minnesota '&. . @ fr'l,r!i::., ~ uy,'> - r o 0'1 \ I I I . :... . . '.. ' - '" ..l ~ ~ . ...... .. . : 01.' i L..._ /'" ,V(Jf(': EX,}7'/"7 ~t'('J Oil L",.,. h re:ma'n. \"J~q .\,,~ 0 ql,q \ I'" \ ?~A/f,Ir/.A/C;: SCNeP Ui.E' h'l'fhl ill TY; 4Qr~Ah(,Jt" AN",. Sire A",rJ~... hCE"A 6"'<"("rr 8r81 /l1G.t "" ("'1I,.,,,,,V,w"',. .J:t 5 /. (;,J r l......' CPIMA"" ~;t~"AI r,." YEW i"AJCvr 18--1f N "" d C.-:::> I HOtFt! GV"''''''''''N Z"J' "..4 I hereby certify that this is a true and correct representation of a survey of the boundaries of lot 11, RADISSON INN ADDITION, according to the recorded plat thereof on file or of record in the office of the County Recorder in and for Hennepin County, Minneso.ta, the location of aU buildinqs, if any, thereon, and of the proposed location of a proposed building. It does not pur~ port to show any other improvements or encroachments. Scale: Date : o Datum: 1 incn = 20 feet ~pn'/ 2) 1985 f70poJodded 7-15-85) Iron marker A'('.nJt'..I 9-'1-85 Me a n sea 1 eve I .I' /2-'" -f/7 /2. -J/ -1' 7 COFFIN & GRONBERG, INC. M~~~~~ti 12755 Gordon R. Coffin Reg. No. 6064 Engineers and Land Surveyors Long Lake, Minnesota 'Propo$ed con/ours --illf/-- Exish'1J9 confou('s -- 93' - - ?/anf,s -:5howrJ Qre proposed ~~~ ~.:~.,~~~:-~\l'~' ~.' '~~'~.-~~~;:,:!~~ '~t' . ., J' ,t " ,lel ~.,..; .J I J 1/'< 't ., .< ....1"'1...... ~............. wr ""0' . -'" ""YO' Pi~." . t;.~< ", ',' [. o I ;"j 1"'" ,'). .. '. ~,- ..., At\~kMeA+ 1 ~L -;',#:"~i.." , ,.'), i ,',~:, - ,', ," 'f ';,.If,t " .. '\~' , ".,'il' ... ','~~,9_~ . ".~~'r:. '1':~,'I!!. ~:1 .., . -.~", or i-~:).1~, '.' :1 \, a ~ ,. hJ ~ " . .-C', ., f ~ "', """"",'" '1ft' , . . ',:'.' ~} ~'l::' .. c. \1, , ~, " , ,4 l\",.,! ",....'114,""'" . if' i~' , t ,'. ~ ~.". . :>,-, .~ 11 . . " . ,~ "": . [J" to:" ... '.. .... . ./~\D · ~,~""t, t I tJ. , " ,,"',. . ; .. . .... .. "l ",,:,~,. 1:,'01 .. ~ ," .~ '..,."'. "~~', ~"!~'< .....,,'~ ';~ ~~~ " } \~"'~~ ..~~' .. ~, ~' , , lJ;f , -, -, I >':~";''''~.1~',:t...,* ,. ~J .. , /,~; " ~fl. .. f . . ' . , . .-..~ 't:t"'~-::~ .:. it~t' _i' :r~~j(-~ "'T"'~'" ~:CDCl *: . ~:' ",' ~. .'." -,,', .'.' Iti ",' t . " ", (i~''''" " !; 4 ... 1 r~a:;r ~\I\'T\a..\ \ . . --:',,;".,c-,- . .'. c, ;.:;r,':;':,:., . . MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt t .. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 28 JANUARY 1988 RE: ROBERT ENGSTROM ASSOCIATES. INC. - SIMPLE SUBDIVISION FILE NO.: 405 (87.55) BACKGROUND Mr. Stanley Proden. representing Robert Engstrom AssOCiates. Inc. has requested approval of a simple subdivision to divide his property located at 4605 Linwood Road (see Site Location map - Exhibit A. attached) into two lots as shown on Exhibit B. The subject property contains approximately 46.930 square feet of area and i8 zoned R-1D. Sing1e-fsaily Residential. The property is bordered along its west and north sides by Linwood Road and Woodhaven Place. respectively. The old C. & N.W. railroad r.o.w. forms the southerly boundary of the site. The property is currently occupied by a private tennis court used by residents in Deephaven. This nonconforaity wu approved by variance Shorwood in 1979 in achange for a donation to the City's park. fund Exhibit C). The proposed division will result in lots. 19.246 squar. feet and 27.684. square feet in area. ANALYSIS/RECOMKENDATIO~ Ordinarily we would not allow an accessory use to exist without a principal use. However. the previous approval granted by the City is quite specific in stating that the tennis court would be bull t on one tax parcel and a sing1e-fsaily residence built on the reaaining property. Both parcels exceed the a.i.niawa lot size and area requireaents of the R-1D zoning district. A Residential Community on Lake. Minnetonka'sSouth Shore 7 . . Re: Robert Engstrom Assoc. - Simple subdivision 28 January 1988 In view of the previous approval and the conformance of the proposed lots with Shorewood's current zoning. it is recommended that the division be approved subject to the following: 1. The applicant must submit an up-to-date (within 30 days) title opinion for review by the City Attorney. 2. The applicant must provide deeds for the drainage and utility easements shown on his survey. 3. The applicant must pay the $500 park fee for the buildable lot (Parcel A) . If he can demonstrate to the satisfaction of the City Attorney that Parcel B will not be buil t upon. it is recommended that the park fee for that lot be waived. 4. The applicant must advise the City Clerk as to bow he wants sewer equalization charges spread against the property. Presuaeably they will be assessed to the buildable lot. 5. The above-mentioned conditions must be complied with within 30 days of the Council's approval of the request. Once the applicant has received the Council resolution approving the request he must record the division within 30 days of receipt. BJN:ph cc: Dan Vogt Glenn Froberg Jill Norton Stan Proden - 2 - . . . . ~ I M\NNt : - - - lne.- siaplesubdivision .'.,. .- r) ., ~. I -.. ...... . ~ ... %o;liioo'" ... cu- CIl,""O~CIIUOl c:,-ICO,.....,. O~ UCII cr: s...:J~+-t~r:u 1"'....'" o.c: tID .ec,-'" tic.,'" o.c ........ ZOl .........00 c::.....~...-' g .~~ g ~"O ~ V;'- 8....~~;: ~ .. .cO 11ft..... >..,........'" 0 .......... .... "OO.........,OCll .g~...ogtlti &l)COl....lIIC CCllt.c-c _&nxu ~+I'-"'" .... C ...r: ~ o ._.....""....L. .... '"" .,"'::> 0 ''-' ... 41 0 U "g5u....&"'f elCO oc::tI U .....c.... . ..0>"'....0 N c: ClIO a_ceo ..os... . r- a...... .c ...., 0 ~ ...-...~ .... ....c c:s....,,,C:: oc"O...oc....iJ --J ~ ~ t: z._;: ;:: u ...... .,.............. o_...."o.-.s::c::"O r-U ...-....,0.- ....."'.. '-'O I,/') .. Lr-fUNOoO-'-cn W ~ z.-~:=~cgs.. b _ CU: 0'" 11I'''0 s- O. Z I- +fCc.....e............ Q... clO.....06CJ.&:. ::J a; 5,",,~-'1-"'''''~ ji2 ~ ~~~~i!~; ; <5 .E J: ! o ': en w , " I .-' ... . i );1 ~'~,~ III ~et iil iJ; c .. ~ L eo; . () \. ~ o o ~ to I I en ~ "2. o ~ bt ~ -z... <t ~ a- U) '<; U) -:3- --- .-Nt'" ....... o -.J L... o .~ - ~J I,~t.... ~:!i !I.al = 1::'.- i~lii 0- ",ll 11:1. a a:; ii' ~ il.;}JI.1.'. II ..r. il);: Ii.. il ::=! ~'J'. .J~' '-jO il ie ~1 ::II "I.'" ... oI~" i i.1 "',I'!~ ~ ~ q n ~ .0 --... .... (f) t ~ ;l:~ ~ '" ~~ ~ ~ ~\ () e Q . J: ~ J <I) :7 ~ ~ - ~ ~ "" :> ~ - () !J ~ ~ U . c: ) I- - J :. c: ) ') ~ ~ t ~ ~~ . 0 .'. . . : HJ.OOft - '\ ~ ~ . ....--r-=+=. -'----T ':,) ~ . iio. ". i : UiL., I '. ~ U YU--j;'- \---1\~ '. ';'u1~ : 6' 8t~ ~ E 1 \~'C } . .@~. c I.' I.... ." . i ~ E Ci I \../ !~D.r- ~ 01 \~ '2 0:::: en ::1 \..<p 7 ~ ~b ~ "', . ,.v~~.., \. ; t1i, ~o 1 0' ~ \1 :- ~'---------r---~;) .:.:, .,1 51 H. ". .. ..'" '. '. _........~. .~ ....._.~ '.., ~1~ ., , "". \ 'r-~ Exhibit B PROPOSED DIVISION . . '" RESOLUTION NO" d..I -19 HESOLVt::D, that tl1: Council d,)E:'~-; approve th.,,; C0n- . ti'1.i.:t:ion 01 ::i singlf' :::-:E1ily home em that portion of LJL 102, Auditor's Subdivision 141, which site is appro- .\:':':.l::1tely 36,000 square feet all as shown on plot plans h~retofore filed by Frank W. Griswold with the City Clerk; that the construction of the home on the 36,000 square f~Jt site is in the best interest of the City of Shore- wood in that in the past the site has been used for two building sites each of which were less than 36,000 square .:eet; RESOLVED FURTHER, thBt Frank W. Griswold is hereby :;iven apermi t to build a tennis court as ::il.JWi.\ on the plans heretofore filed, which tennis court would be located :m the east portion of Lot 102 and which would use a portion of the adjacent railroad right-of-way for its construction. Parking would be located east of the tennis court with access through City of Deephaven .3treets; that said teI"..nis court would be. a private tennis court for the benefit of lots located in the City of Deep- haven as well as for the benefit of the home to be built on Lot 102. That the part .of Lot 102 on which the tennis court is to be built. shall be ~utho:rlzedas a separate tax parcel. Adopted by the City of Shorewood March 26, 1979 4. - yeas o - nays Exhibit C PREVIOUS COUNCIL APPROVAL . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Krist; Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB RoAo . SHOREWOOO, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 28 JANUARY 1988 RE: STRICKLAND VENTURES II - COMPREHENSIVE PLAN AMENDMENT PREAPPLICATION FILE NO.: 405 (88.03) Strickland Ventures II. represented by Nanci Strickland-Balogh. has purchased approximately 8.4 acres of land located at 5915 Strawberry Lane (see Site Location map -Exhibit A. attached). As indicated in her letter. dated 28 January 1988 (see Exhibit B). they are interested in having the property rezoned from R-IA to R-IC. Since the land use designation for this particular property is shown as 0-1 units per acre in the Comprehensive Plan. the applicant must first request an amendment to the Plan. prior to requesting the rezoning. The Comprehensive Plan Amendment Guidelines which Shorewood has adopted provides a two-part process for evaluating Plan amendments. The first stage of the review process is the preapplication. According to our guidelines the purpose of the preapplication stage is to provide "an opportunity for the applicant to submit a proposal to the City showing his basic intent and the general nature of the proposal without incurring substantial cost." The preapplication is intended to be an informal discussion between City officials and the developer. Since a public hearing is not held until the second stage of the review process - the formal application. the City of course can not commit to approving the proposed amendment. The applicant should. however. come away fram this stage with enough direction fram the City to procede with. or modify his plans. If the applicant decides to procede with the project he then makes a formal application for the amendment. The formal application includes a public hearing and is typically reviewed simultaneously with a rezoning request and often a preliminary plat. A Residential Community on l.ake Minnetonka's South Shore g . Re: Strickland Ventures II Compo Plan Amendment Preapplication . This report forwards the Strickland Ventures II preapplication request. In addition to her letter Ms. Strickland-Balogh has submitted the information contained on Exhibit C and a sub~ivision sketch shown on Exhibit D. The current zoning of the subject property is R-IA. consistent with its 0-1 units per acre land use designation. Existing land use and zoning and proposed land use designations for properties surrounding the subject site are as follows: North - single-family residential on one-acre lots; zoned R-1A; proposed land use: 0-1 units per acre East - Hennepin County Regional Rail Authority property. currently used as a recreational trail. then Freeman Park; zoned R-1C; proposed land use: public South - Henn. Co. Reg. R.R. r.o.w.. Freeman Park. then single-family residential (Shorewood Oaks); zoned R-1C; proposed land use designation: 1-2 units per acre West - single-family residential. mostly undeveloped; zoned R-1A; proposed land use: 1-2 units per acre The proposed land use designations for the area in question are illustrated on Exhibit E. The applicant feels that her request fits in with the land use pattern which is proposed by the Shorewood Comprehensive Plan. She also indicates that an increase in density is the only way to make it feasible to extend City water up to her project. Water is available from the intersection of Maple Avenue and Strawberry Lane. approximately 1350 feet south of the proposed street for the proj ect. It is worth mentioning that we have been approached by a land owner to the west (George Larson) who expresses an interest in City water if he can get his property rezoned from R-1A to R-1C. It is our understanding that the two projects would share the costs of extending the water line from Maple Avenue. Since the land use designation for his property is already 1-2 unites per acre. he does not need to apply for a Comprehensive Plan Amendment. Mr. Larson's property is shown in dashed lines on Exhibit A. He has submitted a sketch plan. shown on Exhibit F. illustrating how the two properties would relate to one another. The Strickland Ventures II proposal will be reviewed at the Planning Commission meeting on 2 February and the Council meeting on 8 February. at which times Ms. Strickland-Balogh will be present to answer any questions the Commission and Council may have. cc: Dan Vogt Glenn Froberg Jim Norton Nanci Strickland-Balogh George Larson - 2 - ~ --- '." ~_.~ I - ,- - ~,~-----"'- - - ~- j . 1 '1'J]: 1 rrr-r 'I' II.' I " I , .: 'i:I' ,,:. I I .-;._: ' :1' :1: ~,,:, I 'I~ ~ \ < I! ~ " .:.:l-;. rr- ~'.\ J __ I Ii i~l.: r l-;-1 .rl~ II 1 \ i \ ~~~ . ~. . ?-r: '" ; :~il ~,,~~-;:- - : , \~ I'. ~ 'Si<("'~4, p" ~II : ~~~~~i::::- I ~ 1ll!!9: \ ' . ._ "", II c.\..~;;..-" 011 . ---- r;\ I I . n . ,< I, OJ_? ~ I EDGEWOOO \ : . ~ 1 ,ii - . Y ~ r UII I . _ _ "-~ < t '::J.l ~ , 'I' ~ ill L-Y' --- f- ~:=r, . - ---.. 1 'M/'! , i ~l J .----"- >------- T' r \ I < <t ""'--. --"""--- \ , ~! : c~ . ------ r:J;....~ 1--_ _ -I ~~i :i \ L~y: WOO) CIR ~ i V IR >--- ~ iL. 0 -1 . - - '~r- I VALL~Y WOOO LA --r Ii: ~ tIEj:' I . 'lL --lv'" I r-~ I i~ I-~ /#- >~',., EAST, GATE~ CIl~J f'.... "'-l . I ~ EHE. Y WoE LA i I \ - I '" "'_ 1 r-I I T\~~w _ : f---' ! I I -......... ~ J ! ;RQSE :I . L - I __ - ____. I-- I' i, : 11 III I II: i !! I ~ ! : : ~ -II III ii' :1" 1- ~-----~ : : I' \ I Lw' ; H ~ il,l l ~'lrl~ i Ii .''t,! ~~~ : I - !h\- I <<IL: I I I i ~ i, :!r'9 ~~-~ I VA \ ~ ~ I Ii S~~ ~r::-T . -- ,-- SMITHTOWN W . / "/' '~ "-"" \ . '( '. ~-'------ 'I . ' .1"_ -.- " /, I:~ I ~_~1 .it -~~~ ~ - VI ... . - "': , ' ~ , ! r--~~ , I i i ! I I--- ---; ,~ ~ jPN: ~j //1 \""\ Y 1 85~ II: r --"1 tli \~i\ (/t \ ~ I 1 L I ~ North : l"=eoo' i I , : I J~ ~ IT: ! i I JTH~nwN .~ .,---;------ - \ . '{ 1 ''\ ~-~ ,~ '. ~ 'I - -------n ~~ - ~ , - ~ / I i--% RI . -=:;:::;!. -.-- -' / , \~..- - ~ \__/ ! i Ii \~'-- _I \'-1., j -~.- -T14 I II ~"::iLl< ~ I, i ~J : ~ ~\j I I -<,'\. _ -io-- \:\, VICTORIA -~ /n~ I ! t-- i-- ~ ./' ./' /' >- i ; ~ II) ~ I ~/ ~ ~.~ ~.i MID A;-~: 'l I :'-:~ :':1:: I_T.T: WI' : I62NO: Isrl ' , . ------.-- ..-..-.. I .....- -- - .\ CHAiHASSEN ~ \ .~~ .:l~Mt~~iiMtMi~~ '#-~ ..........."';I~~~i~~ 0 -~ ~vbJ~t ~>'I t .e.. .:.:.:.: r- ,'-- I v I I- I : I I (1 '" \ Exhibit A SITE LOCATION Strickland Ventures II - Comprehensive Plan Amendment . . January 28, 1988 Planning Commission City of Shorewood 5755 Country Club Road Excelsior, MN 55331 ,# #", Dear Planning Commission, We are requesting a re-zoning of our property at 5915 Strawberry Lane. The purpose of our request is 2 fold. First, the re-zoning would make good "planning sense" being that two surrounding properties are currently zoned 1-2 homes per acre. The second being that we would like to bring city water into the property. However, in order for this to be economically feasible, we need smaller lots. The costs are approximately $50,000 to bring water to the proposed road with an addi tional $15,000 along the proposed road. Also we must account for each lot assessment of $4000 Water installation $45,000 8-12 lot assessment 32,000-48,000 77,000-93,000 We appreciate your consideration of this request. Sincerely, ~f~/2d!~&u~ Partner Strickland Ventures II Exhibit B APPLICANT'S REQUEST LETTER Dated 28 January 1988 . . COMPREHENSIVE PLAN ADMENDMENT RE: 5915, Strawberry Lane Purpose of rezoning: To change the land use map from 0-1 to 1-2 per acre, consistant with area plan for 4th planning district. Landowners consist of Strickland Ventures II Partnership, Ed Strickland 1153 Hollybrook Wayzata, MN 55391 Nanci Strickland-Balogh 435 Old Crystal Bay Road Long Lake, MN 55356 Doug Strickland 15620 IC' 26th Ave. N. Plymouth, MN 55447 Our interest lies in the investment potential. The applicant is Nanci Strickland-Balogh, partner. Gary Gabriel has provided us with the potential plat for division of the said land. Gary Gabriel, Surveyor 3030 Harbor Lane North Plymouth, MN 55441 559-0908 ~ ~ ~ ,~, .J\ '<) . r I r- ~ -' - r- '7tl ~..- , ,.-." \" ~ 4 7,b/{lD , ': .~ . 'l ::.''1) ,~ ~t,:v11} ~} '" z, -to, frO '- ~..t. , -zro I ~~I{Jl'O . - . .. . - ~ s~6Tr::= /-:' S 7' ~ /G A/ L ,4' N /...,) FOR: . N,-9~CY . 'WI ~ VQ ". f"~ ~ ~ \~ ~ ~ . ~ ~ 7-- St,'d Q ? 1tC-- (J? _'SaC J ( '" 1 \7 Zd/ tIT' ~ 8 z,",~so 12-( 1 Z'-7tnV 1'70 I (l.Y ~~ '-1 ~ II 1,.<t f~\~ '-) ~ r:..---./( _C.- 7~ ./ --.- ."j ,'--'f::}' (. .; - / . .:.? ..i? .c I' (., j ('" ... .:~." '- /t .." ~ '--'-- ---;JCJ ___....,..~-.,.) -s.~:" ~;7'-' ~ '/-" ,-"v (.. / . I Z.r ' I /1) I n J (;f'.'./I; \. '" ~C:;7 tfI:2 r--7C'::::::= / o o x 000.0 (000.0) Denotes iron monumen~ Denotes offset stake .-/--:::::" Denotes.existing elav. ..~ Denotes Proposed elav. Denotes surface drainage Proposed garage floor elav,- --- Proposed lowest floor elev. = Proposed top of foundation elev. = BENCH MARK: , ' F;i,~ N..... DEMARS - GABRIEL LAND SURVEYORS, INC. I hereby certify that thi~ is a true and correct representation of a survey of the bounJaries of the above describnd land and of the location of all buildings. if ,any. thereon, and all visible encroachments, if any. from or on saId land 3030 Harbor Lane No. Plymouth MN 55441 Phone: (612) 559-0908 As surveyed by me this _ day of Minn. RI!Q. No. _ Bno" Pilgt' . . 19._. . Exhibit D PROPOSED SUBDIVISION SKETCH Strickland property C IJ .- IJ - ~ IJ ~ .- E -C 0 :;) U 0- I D i I L~"~"- " CD en :) .2 ~ Q) -c .;;j Q) ~ >. .... "", C "E ca c ... i " ] CD .... en g o .~ a.~ ~[J ~ 'Ill!, n. ~ on -g C .. Q) IJ ~ :;) o V') '" Exhibit ELAND USE map _ PROPOSED d Land Use Plan P oposesive From r Comprehen Shorewood ~ . . ~, B>~ ~~) ~ <;:) ~ ./, ~ . - -i' - -,:'" "'- - ~-... -~ -" " ., 9'Z' J~ I I~ ~ C)" 'b .. -..,~ ~ " ll> -~ -"" .. ~ .. ::- . .. ~ - o o .. tt'l ~ .; N oq.. 0." o o .. o !. of N "st> ~ t ( 'I ('('\ C,; - o .0 ~Q tt'l N :\I\ .~ " '" .. ~ -.I . ~ o_z :. ," N~ ," - o "S~ ..-",-..- / , \ Exhibit F PROPOSED SUBDIVISION SKETCH Strickland and Larson properties / I . . FROBERG & PENBERTHY, P.A. A TTORNEYS A r L.A W Glenn Froberg James G. Penberthy Paul B. Ahern 17736 Excelsior Boulevard Minnetonka, Minnesota 55345 (612) 474-8877 January 25, 1988 '10: Mayor and Ci ty Coonci I FK:M: Glerm Froberg HE: Collection of Delinquent Wafer Bi lis Pursuant to instruct ions of the Ci ty Coonci 1, I have met wi th the Ci ty Clerk and reviewed the procedures presently in effect for collection of water bills. Based upon general discussion, the following provisions are rec<mnended to be included in the City Code in respect to ~he collection of delinquent water bi lis: 1. Statements for charges for water service for a quarterly period should be mai led to each custaner on or before the fi fteenth day of the second lIDIlth following the quarterly period covered by the statement. Such statement shall be due and payable to the Ci ty Clerk on or before the fi fteenth day of the third roonth following the quarterly period coveredby' the statement. 2. After the fifteenth day of the third roonth following the period covered by the statement, a penal ty of 10% of the unpaid balance due wi 11 be assessed and added to the 8IlDUD.t of the statement. .. I f this statement is not paid prior to the first day of the next succeeding'DDnth, a notice shall be sent to the custaner infomling the custaner that the statement is del inquent and warning that unless the statement plus penalty is paid in full within fifteen (li)~, or other arrangements for pa:yment satisfactory to theCit'y are made,theW8;ter will be shut off and a service charprof $20.00 will.be assessed asthesbUt~off fee. 3. .... lf~icustaner dQe8inot respond to the. noUce given ~~i~#l~i.,t to the dateibtti~~~lin thenoUee, and the statement. rtDIlins. unpa1ft,tlll!;.i.' ... water sh8.l1be ~tofl at the stop box connection. Prior to the waterbei., tumed back on agaiJ,l"thecustaner shall be required to pay all delinqueIlt charges, pI... ~lties and shut..off fees, and a tum-on fee of $20.00. ", 4. Prior to October 10th of each year, the City Clerk sha.ll certify' all delinquent water accounts to the assessnent rolls, and the delinquent charge shall be collected during the following year as a part of the tax levy on the property. cc: Sandra Kennelly DanVogt Brad Neflsen /c)/J SelVll-l: .'waH LJe exe111lJl 11U111 we lJl:IUUlle4UUel11eUlS u1 thIS SectIon. in the event, however, that a public utility franchise shall fail to properly restore a public street excavated by it, the City Council may revoke the right of such utility franchise to open, layout or excavate in or upon public streets within the City without first complying with the permit requirements set forth herein. (Ord. 115, 12-17-79) Subd. 1. Purpose: The public welfare requires that the public rights-of-way within the City, including highways, roads, streets and alleys, be reserved for public purposes. Public use of the full width of the rights-of-way is necessary to public safety and the proper and efficient maintenance of the rights-of-way. However, it is recognized that limited private use or encroachment onto the rights-of-way is not necessarily inconsistent with public use. It is the purpose of this Section to provide for lawful inciden- tal private use of publicly-owned rights-of-way not inconsistent with public use. a. Permit Required: The right to use publicly-owned rights-of-way within the City for any private use or purpose other than the primary purpose of public travel, whether such use constitutes a substantial or incidental use, may be acquired only through permit granted pursuant to this Section. b. Application for Permit: Any person may apply to the City Council for a permit to keep or maintain private property within a publicly-owned right-of-way. The application shall be in writing and must describe with specificity the private property and right-of-way involved and the nature and extent of the requested encroachment. c. Issuance of Permit, Conditions: The City Council may grant the per- mit if it is determined that the use applied for is incidental and not incon- sistent with safe and efficient public use. However, no permit will be issued until the applicant has agreed in writing to waive any right to recover from the City for damage occurring to the property located within the right- of-way which may result from the performance of the City or its agents of its public duties as required by law. ~1 ~-'7V~ d. Revocation of Permit: The City reserves the right to revoke any per- mit granted under this Section as may be required by the public interest. (Ord. 121, 5-28-80) Subd. 3. Unlawful Encroachments: Any privately-owned property located within or encroaching upon public-owned rights-of-way which has not been authorized in accordance with this Section shall be unlawful and be sub- ject to removal by the City at the owner's expense. (Ord. 121, 5-28-80; amd. 1987 Code) ~ ~.. ~~~3: ~~o~~ NU~~~ ~ dh-~;!V ~.d1 Subd. 1. Numbering System: To assist in providing immediate access to al~ lots, buildings and structures in the City, the same shall be numbered III ac- cordance with the following plan: a. North-south numbers shall commence at the south border of the City and north-south streets shall begin at the number 4600 and run to 6200. b. East-west numbers shall commence at the east border of the City and . . ORDINANCE N). AN ORDINANCE MIENDI~ SECfICN 901. 02 OF TIlE SH:JlliY\aD CI'IY aDE PHOVIDI~ FCIl TIlE ux::.\TICN OF PRIVA1E lVIAILOOXES IN 'mE PUBLIC RIGIT-DF-WAY TIlE CI'IY axJNCIL OF lliE CI'IY OF SIDRE\\OD, MINNEsorA, ORDAINS: Section 1. Section 901.02 of the Shorewood City Code is hereby amended by adding a new subdivision to read as follows: Subd. 4. Exenption fran Provisions: The use of the public right-of-way for the placement of private mailboxes shall be exen:pt fran the permit requirements of this section providing the following conditions are met: a. the mai lbox is located on the side of the right-of-way contiguous wi th the mailbox owner's property or is positioned or clustered according to specific directions of the U.S. Postal Service; b. mai lboxes servicing a Planned Uni t Developnent (PlD) are positioned or clustered within the platted portion of the PlD or on the side of the right-of.....way contiguous with the PUD; c. the locat ion of the mai lOOx or LJai lOOxes does not interfere with the City's maintenance of the right~of-way. Section 2. This Ordinance shall be in full force and effect fran and after its passage and publication. AOOPl'ED BY 1HE CI'IY axJNCIL of the Ci ty of Shorewood, Minnesota, this day of , 1988. Robert Rascop, Mayor ATI'EST : Sandra L. Kennelly, City Clerk 1/),6 . . Builders Development &.. Finance, Inc. 1055 East Wayzata Blvd.. P.O. Box 637. Wayzata. MN 55391 (612) 473-8511 February 3, 1988 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Mayor and City Council: We are the fee owners of the Twin Homes located at: 5600-5602, 5620-5622, 5640-5642, 5680-5682, Wood Duck Circle; and 23620-23622 Smithtown Road. After recent discussions concerning these properties with City Staff, we feel that the current R-2 zoning for these properties may have been an oversight during the rezoning process. We therefore request the City of Shorewood, of its own volition, to review the present zoning, and change the zoning district to R-2B, which we believe more accurately represents the current use of the properties. Thank you for your cooperation. RDM/pkh /;:2 0 CHECK NO. 052267 052268 052269 052270 052271 052272 052273 052274 052275 052276 052277 052278 052279 052280 052281 052282 052283 052284 052286 052287 052288 052289 052290 052291 052292 052293 052294 052295 052296 052297 052298 052299 052300 052301 052302 052303 052304 052305 052306 052307 052308 052309 052310 052311 052312 052313 .. (G) (G) (G) (G) (G) (G) (G) (G&L) (G&L ) (G) (G) (G&L) (G&L) (G) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (G) (G&L) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) . . TO WHOM PAID GENERAL & LIQUOR FUNDS-BILLS PAID SINCE JANUARY 19, 1988 Petty Cash Petty Cash City-County Credit Union Child Support Enforcement lCMA Retirement Corp. Commissioner of Revenue Office Furn. Whse Public Employees Retirement The Bank of Excelsior American National Bank Norlltest Bank Minneapolis Void CommerCial Life Insurance Co Minnesota Mutual Life Ins. Ameridata Void Bellboy Corporation P1aherty's Happy Tyme Co. Jude Candy and Tobacco Minnegasco Harry Niemela Northern States Power Northwestern Bell Paustis & Sons Ed Phillips & Sons Pogreba Distributing Inc. Ryan Properties, Inc. Griggs, Cooper & Co. Metro. Area Management Physicians Health Plan A T & T Acro-Minnesota Inc. Ameridata American National Bank Bobs Personal Coffee Servo City of Mound City of Tonka Bay Commers Soft Water Co. Commissioner of Trans. Rolf E A Erickson Feed-Rite Controls, Inc. General Communications, Inc. Governmen,ti Finance Officers International Salt Co. L-J Rubber Stamp Co. The Mac G & G Co. PURPOSE AMOUNT Reimbursement for petty cash $ Reimbursement for petty cash Payroll 1/16/88 Credit Union Payroll 1/16/88 Income Withholding Payroll 1/16/88 ICMA Payroll 1/16/88 State Withholding 4 Conference chairs-Planning Payroll 1/16/88 PERA Payroll 1/16/88 FICA & Federal Tax Bond 4-1-1987 Int. & matured bond Bond 8-1-86 Interest & Principal Employee Life Insurance Feb. 88 Employee Accident & Sickness Feb.88 Maintenance Contract-Finance &UB Liquor Purchases Misc. Purchases Cigarette & Misc. Purchases Utilities-Liquor II Rent-Liquor I Feb. 88 Utilities-Liquor I Advertising & Telephone Service Wine Purchases Liquor & Wine Purchases Misc. & Beer Purchases Liquor II Feb. Rent Wine & Liquor Purchases Luncheon-Adminstrator Feb. 88 Health Insurance Telephone Service-City Hall Office Supplies-City Hall Paper-City Hall Water Bond 9-1-80 Coffee, Paper Towels-City Hall January 1988 Fire Contracts 4th Quarter Water Billing Janaury 1988 Rent Re-Lamp-Traffic control January 1988 Assessing Fee Container-Water Repair-Public Works & City Hall Newsletter Subscription-Finance Ice Control Stamps-City Hall Red Cedar Poles-Police - 1 - 19.82 14.78 137.00 145.00 552.00 887.23 519.80 1,374.53 4,281. 84 89,145..00 84,596.25 25.92 125.28 150.00 2,480.74 222.15 1,469.23 24.00 970.00 264.88 147.98 55.02 709.76 1,817.86 1,922.58 5,171. 02 10.00 2,542.37 23.25 13.80 138.16 4,400.00 65.95 1,012.83 462.24 22.50 53.96 1,975.00 5.00 257.02 55.00 552.57 26.23 579.50 CHECK NO. 052314 052315 052316 052317 052318 052319 052320 052321 052322 052323 052324 052325 052326 052327 052328 052329 052330 052330 052331 052332 052333 052334 052335 052336 052337 052338 052339 052340 052341 052342 052343 052345 052344 052346 * 052477 052478 052479 052480 052481 0524r:2 052483 052484 052485 (G&L) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (L) (G (G) (G) (G) (G&L) (G&L) (G&L) (G) (L) (L) (L) (L) (L) (L) (L) (L) (L) . . GENERAL & LIQUOR FUNDS-BILLS PAID SINCE JANUARY 19, 1988 TO WHOM PAID Matthias, Roebke & Ebert H.C. Mayer & Sons, Inc. Loren Kohnen Metropolitan Waste Control Minnesota Suburban News Minnetonka Glass & Mirror Minnegasco Northwestern Bell Northern States Power Co. Orr Schelen Mayeron & Assoc. Norwest Bank Mpls Pitney Bowes Satellite Industries, Inc. S. Lake Mtka Public Safety U.S. Postmaster Waste Management Savage Weekly News, Inc. Weekly News, Inc. Government Training Servo Metropolitan Area Management League of Minnesota Cities Mn. Public Employer Labor American Legion Post 259 Void Ev Beck Russell Marron City-County Credit Union ASCME Local #224 ICMA Retirement Corp. Child Support Enforcement Commissioner of Revenue The Bank of Excelsior Public Employees Retirement U.S. Postmaster A T & T Bellboy Corporation Cash Register Sales, Inc. Griggs, Cooper & Company Johnson Bros. Liquor Co. Jude Candy & Tobacco Co. Minnegasco Minnesota Victoria Oil Co. Quality Wine & Spirits Co. - 2 - * check #052347-052476 Not Used yet PURPOSE AMOUNT Computer processing for Oct. $ Diesel-Public Works 142 Inspections-Planning Feb. Sewer Service Charges Advertising-General Repair Window-House Utilities-City Wide Telephone Service Utilities-City Wide Dec. Engineering Fees-SE Area Water Registar Fees Touchmatic Postage Meter-City Hall Chemical Toilets-Parks Feb. 1988 Budget Permit 101-City Hall Jan. Waste Removal-City Hall Parks Major Improvements Ads-General & Development Mayor & Council Membership Dues 1988 Directory of Mn. City Officia1s-l7 Membership MPERLA Rental & Food-Joint Study Session Mileage-Finance Mileage-Liquor I Payroll 2/3/88 Credit Union Payroll 2/3/88 Union Dues Payroll 2/3/88 ICMA Payroll 2/3/88 Income Withholding Payroll 2/3/88 State Withholding Payroll 2/3/88 Fica & Fed Payroll 2/3/88 PERA Postage Meter-City Hall Telephone Service Liquor Purchases Repair Cash Register Liquor & Wine Purchases Wine & Liquor Purchases Misc. & Cigarette Purchases Utilities-Liquor II .Utilities-Liquor I Wine & Liquor Purchases 320.00 561.12 3,316.30 24,659.55 19.38 16.50 994.46 653.18 2,645.33 1,308.28 112.50 57.00 46.29 27,874.84 50.00 81. 00 36.48 165.60 85.00 10.00 182.75 85.00 70.00 49.41 13 . 20 112.00 81.00 552.00 145.00 1,104.28 5,070.38 1,564.43 500.00 4.78 759.11 225.00 3,480.28 471. 66 1,200.14 129.00 113.15 548.95 . . GENERAL & LIQUOR FUNDS-BILLS PAID SINCE JANUARY 19, 1988 CHECK NO. TO WHOM PAID PURPOSE AMOUNT 201807 (G) Daniel Vogt 80 Reg. Hrs. $ 986.88 201808 (G) Sandra Kennelly 80 Reg. Hrs. 720. 15 201809 (G) Susan Niccum 80 Reg. Hrs. 462.14 201810 (G) Shelly Quaas 80 Reg. Hrs. 361.84 201811 (G) Evelyn Beck 80 Reg. Hrs. 633.36 201812 (G) Jean Sorensen 80 Reg. Hrs. 22.25 OT 787.00 201813 (G) Bradley Nielsen 80 Reg. Hrs. 806.57 201814 (G) Patricia Helgesen 80 Reg. Hrs. 596.37 201815 (G) Bradley Nielsen Motor Vehicle 121.94 201816 (G) Charles Davis 80 Reg. Hrs. 1.50 OT 428.61 201817 (G) Dennis Johnson 80 Reg. Hrs. 1.50 OT 652.51 201818 (G) Daniel Randall 82 Reg. Hrs. 1. SOOT 680.03 201819 (G) Howard Stark 80 Reg. Hrs. 1. SOOT 573.61 201820 (G) Ralph Weh1e 80 Reg. Hrs. 1. SOOT 535.66 201821 (G) Donald Zdrazil 80 Reg. Hrs. 800.52 201822 (G) Joseph Lug<lwski 80 Reg. Hrs. 1. SOOT 638.86 201823 (G) Martey Jakel 47.25 Reg. Hrs. 210.37 201824 (G) Jay Shields 43 Reg. Hrs. 189.59 201825 (G) Randall Bush 40 Reg. Hrs. 185.18 201826 (G) Michele Barker 14 Reg. Hrs. 62.09 201827 (G) Brian Jakel 46.50 Reg. Hrs. 198.34 201828 (G) Timothy Carroll 13 Reg. Hrs. 57.65 201829 (L) Russell Marron 80 Reg. Hrs. 499.17 201830 (L) Robert Nash 44 Reg. Hrs. 194.68 201831 (L) Christophe Schmid 79.50 Reg. Hrs. 285.85 201832 (L) Donald Thara1son 9 Reg.. Hrs. 46.35 201833 (L) John Thompson 16 Reg. Hrs. 74.00 201834 (L) John Josephson , 40 Reg. Hrs. 168.01 201835 (L) William Josephson 80 Reg. Hrs. 522.90 201836 (L) Susan Latterner 36 Reg. Hrs. 146.70 201837 (L) Dean Young 80 Reg. Hrs. 501. 27 201838 (L) Scott Bennyhoff 42.50 Reg. Hrs. 191.73 201839 (L) Scott Bartlett 28.50 Reg. Hrs. 124.02 201840 (L) James Shelledy 20.50 Reg. Hrs. 90.91 201841 Void 201842 (G) Robert Rascop Mayor 200.00 201843 (G) Janice Haugen Counci1member 126.32 201844 (G) Barbara Brance1 Counci1member 147.82 201845 (G) Robert Gagne Jr. Counci1member 150.00 201846 (G) Kristi Stover Counci1member 150.00 201847 (G) Daniel Vogt 80 Reg. Hrs_ 986.88 201848 (G) Sandra Kennelly 80 Reg. Hrs. 769.11 201849 (G) Susan Niccum 80 Reg. Hrs. 462.14 201850 (G) Shelly Quaas 80 Reg. Hrs. 441. 27 201851 (G) Evelyn Beck 80 Reg. hrs. 751. 28 201852 (G) Jean Sorensen 80 Reg. Hrs. 550.68 - 4 - . . ~ . GENERAL & LIQUOR PUNDS-BILLS PAID SINCE JANUARY 19, 1988 CHECK NO. TO WHOM PAID PURPOSE AMOUNT 201853 (G) Bradley Nielsen 80 Reg. Hrs. $ 891. 30 201854 (G) Patricia Helgesen 80 Reg. Hrs. 662.24 201855 (G) Charles Davis 82 Reg. Hrs. 17 OT 587.33 201856 (G) Dennis Johnson 80 Reg. Hrs. 13 OT 755.81 201857 (G) Daniel Randall 80 Reg. Hrs. 12 OT 759.08 201858 (G) Howard Stark 82 Reg. Hrs. 24 OT 805.06 201859 (G) Ralph Weh1e 80 Reg. Hrs. 20.5 OT 716.90 201860 (G) Donald Zdrazil 80 Reg. Hrs. 905.69 201861 (G) Joseph Lugowski 80 Reg. Hrs. 32.75 OT 962.82 201862 (G) Martey Jakel 48 Reg. Hrs. 213.32 201863 (G) Jay Shields 50 Reg. Hrs. 215.22 201864 (G) Randall Bush 18 Reg. Hrs. 84.26 201865 (C) Michele Barker 7 Reg. Hrs. 31. 04 201866 (G) Brian Jakel 42 Reg. Hrs. 181. 28 201867 (G) Timothy Carroll 12.50 Reg. Hrs. 55.43 201868 (L) Russell Marron 80 Reg. Hrs. 499.17 201869 (L) Robert Nash 40 Reg. Hrs. 176.98 201870 (L) Christophe Schmid 76.50 Reg. Hrs. 275.68 201871 (L) Donald Thara1son 4 Reg. Hrs. 20.60 201872 (L) John Thompson 16 Reg. Hrs. 74.00 201873 (L) John Josephson 48 Reg. Hrs. 197.30 201874 (L) William Josephson 80 Reg. Hrs. 522.90 201875 (L) Susan 1atterner 36 Reg. Hrs. 146.70 201876 (L) Dean Young 80 Reg. Hrs. 501. 27 201877 (L) Scott Bennyhoff 44 Reg. Hrs. 197.65 201878 (L) Scott Bartlett 31 Reg. Hrs. 133.07 201879 (L) James Shelledy 22.50 Reg. Hrs. 99.78 Total General Total Liquor 23,251.55 5,690.69 TOTAL GENERAL 287,566.59 TOTAL LIQUOR 30,342.57 TOTAL 317,909.16 - 5 -